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Professional Guidance, The Profession, Top Stories

Certificate Course in Association With Lets Be Eloquent

Curious For law invites you to our Certificate Course in association with Lets Be Eloquent. The course will be conducted by Mrs. Apoorvaa Aggrawal, a former lawyer wokring with AZB and Partners. The resource person is also a certified ettiquette coach and has assisted thousands of students on the above matter of ettiquette and professional conduct. The course aims to resolve all your doubts on the two subjects.

The Course is provisoned to provide you with online classes along with study material to clear all your queries on the subjects. The dates for the Classes are as follows:

4th September, 2021: Interviewing Skills
5th September, 2021: CV/Resume Drafting

Timings for the above classes will be notified through further communication.

How to Apply:

  1. Click on this link: https://forms.gle/TpFDCdKrFjpHZbEC7
  2. Fill out the relevant details.
  3. Pay the required amount as per the course(s) opted for.
  4. Upload the screenshot of the payment with the Payment No., clearly visible.

LAST DATE TO APPLY: 3rd September 11:59 p.m.

In case of any qurey whatsapp us at 79996-29733

News, The Profession, Top Stories

Trial Court Cannot Order That Such Imprisonment Is For The Remainder Of Natural Life: Supreme Court [READ ORDER]

SC said that the trial court does not have the power to direct life imprisonment for the remainder of natural life as this power is vested with the high court and the supreme court only.

By: Shailvi Gupta, Banasthali University, Jaipur

The court on deciding the appeal by the accused who was alleged to have murdered 2 minor children of 4 years and 2 years said that the trial court does not have the right to give life imprisonment for the remainder of natural life in the case titled Gauri Shanker V. State of Punjab.

A Bench of Justices Indu Malhotra and Ajay Rastogi accepted the contention raised in this regard by a murder accused. The Supreme Court said that though the judgment of life imprisonment till death should not be given by trial court but after looking into the entire case, we consider appropriate and order the same judgement as given by trial court initially i.e., life imprisonment for the remainder of the natural life under section 302 IPC.

The facts of the case go as follows:

Anju was the mother of these two children who lived with the accused Gauri Shanker who was not the father of the said above children as the biological father died of the excessive intake of liquor.

Accused didn’t like the children and he warned Anju several times that we would kill them. One month before the fatal accident, he broke the leg of one of the children but on the fateful day when Anju went to the temple, he administered celphos (poison) to children and killed them.

At the trial court, he confessed the crime and was held guilty of life imprisonment for the remainder of natural life but later on, he said that the prosecution coerced him to do so and the accused appealed in the high court where he was held guilty and then he appealed in Supreme Court. 

The honorable court said“On the legal principles, the learned counsel for the appellant appears to be correct, but we have taken note of the prosecution case in totality with motive of the crime that he was living in a relationship with the complainant Anju who had two children from the previous marriage, and had taken away the life of two minor innocent children at the very threshold of their life and murdered in a brutal manner by administering celphos to them has been established. It is true that the punishment of remainder of natural life could not have been imposed by the learned trial Judge but after looking into the entire case, we consider it appropriate to confirm the sentence of imprisonment for life to mean the remainder of natural life while upholding the conviction under Section 302 IPC.”

“I’d do it all over again”, in conversation with Saurabh Arora, Lawyer turned Entrepreneur.
Professional Guidance

“I’d do it all over again”, in conversation with Saurabh Arora, Lawyer turned Entrepreneur

Saurabh Arora, completed his Bachelors in Law from Symbiosis Law School, Noida and was working with firms in the corporate department when he decided to move from being Lawyer to an entrepreneur. In this interview, he talks about his law and entrepreneurship.

Saurabh Arora, Co-Founder at Larder

A. Tell us a bit about your childhood and pre-college life as well as educational background. How would you introduce yourself? 

I spent my entire childhood in my hometown Dhanbad, a small town in Jharkhand. I was an average student throughout but always had knack for connecting things with logic and some techniques. Born in a business family culture, we always had some or the other compliance that needs to be met and then my dad would come up to me and take my help to understand and prepare a response to it. My interest kept on growing in that sphere and the elitist NLU’s had become a rage already, therefore, I made up my mind to pursue my career in Law.

B. How would you describe your college life? How was your experience at Symbiosis Law School, Noida? 

In my experience, self-learning is one of the greatest forms of learning. Symbiosis Law School, Noida was only 6 months old when I joined it. From being a not well-perceived college to a point where my college has become a sought-after place, the efforts put in by the batches and faculties is worth mentioning. 

C. You worked as an associate at corporate firms for a couple of years. What constituted your work profile? 

Corporate law has always been my specialty. I led teams on transactional assignments majorly into M&A and PE/VC transaction. We were handling every aspect of the deal starting from diligence to structuring of a transaction and negotiating the commercial terms of the deal with the opposite party and last but not the least – ensuring proper closing of the transaction (including some post-closing activities/ filings). 

D. What diverted you to take a big jump from being a corporate lawyer to being an entrepreneur? What made you opt out of the legal profession? 

I have always wanted to do a business of my own. After around a couple of years in the legal profession and handling clients into the startup ecosystem, I wanted to take plunge for a bigger game and therefore moved into the startup ecosystem and started a brand called “Larder”. 

E. You are the co-founder of Larder. Please tell us about it. Did you conduct any market research before going ahead with the start up? 

Larder is a food-tech company delivering food from the promising brand across Delhi NCR through smart refrigerators installed within the corporates. Through Larder we got the chance to win the business park food delivery game.

After my co-founder and I identified the problem areas and we undertook a mammoth research to understand the market and the use cases. After we were convinced with the business viability, and studied the same for over 5-6 months, followed by competition analysis and once we had a grip on all this information, we started developing our model and eventually it was time to hang our boots! Honestly, we never went into discussing the odds in our favor or against us as we believed that the solution and the service which we aim at rendering shall only make life easy for people and therefore, there was no reason for not liking it.

F. What challenges did you face during your entrepreneurial journey? Were you able to raise funds for your startup?

One of the worst days that I can recollect when everything went wrong was when our riders did not turn up for work. So, I was running, delivering food, talking to my customers, staff and at the same time repairing my machines. Customers would get frustrated because the machine wasn’t working and it would usually take about a few hours to rectify.

Our angel investors had some or the other requirements which we were unable to fulfill with the limited resources we had and by then we were running out of money and it was a near death moment for us to survive. We were in touch with lot of investors but it didn’t work out. I remember vividly the day our last investor called and said that the deal was not going through and that moment, the reality finally set in that, ouch, it is an end to 2 years of my journey with Larder. 

G. Why share about your failure? What is your take on trying new things?

It’s embarrassing and it’s difficult. I never wanted people to know much about it. There were several thoughts that kept daunting me day and night. What will I tell people who believed in me and I failed? Will anyone value the experience I gained? Will this question my credibility with the stakeholders?

But I felt, it is the right thing to do to come out and talk about failure. Failure is a very valuable life journey. After failing, I realized that “I’M A HUMAN AND BOUND TO MAKE MISTAKES and once you see ITS NORMAL TO FAIL, YOU WILL ALWAYS DARE TO TRY NEW THINGS and appreciate the surprises life has to offer you in different ways”

H. How does being a law student helps a person to go about their startup? What would be your message to our readers, particularly young lawyers, who wish to become an entrepreneur?

As a student, I always wanted to start something but wasn’t fortunate enough. Being a law aspirant, you always get to understand technicalities of almost every sphere of business in direct or indirect ways.  

Last but not the least, if you are not 100% passionate, don’t do it all. 

“I’d do it all over again”, in conversation with Saurabh Arora, Lawyer turned Entrepreneur.
Professional Guidance

In Conversation with Nikunj Rakyan, IPR Lawyer turned IIM Bangalore Post-Graduate Student

Nikunj Rakyan, completed his Bachelors in Law from Amity Law School and was working at one of the best IPR firms, Remfry & Sagar when he decided that he wanted to pursue MBA from a top-tier IIM. Learn about his journey from law school to scoring a 99.76 percentile in CAT and finally achieving his dream of making it to a top-tier IIM. 

Mr. Nikunj Rakyan, alumnus IIM-Bangalore

(1) How was your experience at Amity Law School, Noida? How did you go about your academics as well as extra-curricular activities?

Amity was a great place to study where students had a lot of freedom to pursue their interests. Since I knew about the considerable weightage IIMs placed on academics, I tried my best to keep my grades high. 

I also tried my hand at a few moot court competitions, took part in clubs and committees, and interned at a few law firms-  basically the traditional law school experience.

(2) How would you describe your experience at Remfry and Sagar? Do you recommend that one should gain some experience after graduation and then join a B-School?

Remfry was a great place to work. I got to work on IP portfolios of clients from across several industries and learnt more about trademark and copyright law than I could have imagined. 

I distinctly remember how supportive my seniors were when I told them about my MBA plans (though I did have to sit down and explain where this ‘sudden’ decision came from). 

Now work-ex isn’t exactly necessary and freshers are quite common in B-school. However, there are 2 distinct benefits to getting some work-ex under your bet:

(A) Work-ex (in months) is considered during both the shortlisting and selection phases. The weight of this factor varies from B-school to B-school (For example, IIMB weighs it heavily while IIMC doesn’t consider it at all); and

(B) Work-ex gives you some insight into the ground realities of a business and helps you contribute to class discussion in a more meaningful manner.

And of course, having invested 5 years in law school, it also makes sense to invest some time working in the legal field to get rid of any reservations you may have about going down the MBA route.  

(3) What made you pursue an MBA after a law degree? What difficulties did you face at the starting and how did you overcome them?

The idea of doing an MBA was something I started considering during the first half of law school. The Marketing Management course really opened my eyes to the possibilities of the field. 

Daily discussions over brands and protection strategies at Remfry got me interested in marketing even further. Eventually, I took the leap and decided to focus on CAT preparation full time.

Now switching careers after 5 years of undergrad isn’t an easy decision. Even after convincing myself that this was a good idea, I still had to answer to everyone around me including my parents. 

Coming to the CAT exam itself, it consists of 3 sections, but rather than their ‘official’ names, let’s just call them English, Logic and Math. After a 5-year gap from the subject, Math is arguably the hardest for any lawyer to cope with and scoring at par with your peers from Engineering can be tough.

Luckily, the level involved rarely exceeds what we learnt in class 10th and consistent practice can help you ace this section as well.

(4) When did you start your preparation for CAT, when should a person ideally start preparation for CAT and other management exams?

I started preparing in mid-July (roughly 4 months). I think the preparation time really depends on the person based on his/her strengths and weaknesses. For someone preparing full time, July (or even August) is a great time to start. 

On the other hand, preparing with a full-time job can be quite difficult considering the long working hours in the field. In such a case, it’s really important to dedicate a few hours every day for preparation.

(5) Did you get yourself enrolled in a coaching institute? How valuable do you think coaching institutions can be for MBA? Which coaching institute did you go to?

I enrolled myself at Alchemist in July the day after I quit my job. I consider myself someone who does well under structured guidance and that’s where coaching classes came in handy. Alchemist also had a modular booking system which let me schedule all my classes into a two day per week frame. This let me reduce my time commuting and focus on self-prep.

While coaching may or may not be necessary (depends on you), mocks are a must. They help you gauge your level of prep and let you experiment with different strategies.

(6) How many hours did you put in for your preparation everyday? Is it important to have a time table or weekly targets?

I generally put in anywhere between 2-8 hours a day. However, I would regularly take week-long vacations to break the monotony of preparation and come back afresh. 

Weekly targets are important to make sure that no topics are left until the last minute. That said, it’s also important to take mocks regularly and not wait for the syllabus to be finished. 

(7) What strategy did you follow to crack the interview? What kind of questions have you been asked in the interview? Give some tips to nail an interview in order to secure admission to a top business school?

The only thing IIM interviews certainly are is unpredictable! While it helps to prepare some typical HR questions such as “Why MBA” or “Introduce yourself”, the panel can pretty much ask you anything from the subjects you studied in undergrad, your hobbies, your work ex, or simply stick to current affairs. Brushing up on these is important.

Of course, this is easier said than done and I had a tough time answering many questions that came my way. For example, during one interview I was asked to respond to questions regarding my hobbies in German. Once I got over my surprise (read: shock) at this request, I somehow managed to mumble something in broken German until the interviewers finally asked me to stop. 

On the other hand, my interview at IIM Bangalore revolved around my copyright law, a field I love and was more than happy to talk about. 

(8) After the interview and until you got the final result, how did you cope up with the anxiety as the pandemic situation would have made it worse for you?

Waiting for results can make anyone anxious and you can truly never know whether you’ve converted the call or not. Having quit my job, I couldn’t help but imagine the worst-case scenario where I had wasted an entire year and had nothing to show for it. 

In such a case, it’s important to be surrounded by family, look for distractions, and focus on the bright side. I also spent my time reading books and discovering new hobbies such as writing and watercolour painting.

(9) What is your message for law students who want to choose MBA as a career after pursuing law?

The decision to go for an MBA can be incredibly difficult given the time already invested in law school. It makes sense to think things through and invest some extra time to make sure that this decision is right for you.

The most memorable piece of advice I received during this time went something like this – your decision now won’t just impact the next 2 years of your career, but the 40 that’ll follow.

Graduate Insolvency Programme: The easy way around to be an Insolvency Professional
Professional Guidance

Graduate Insolvency Programme: The easy way around to be an Insolvency Professional

The Insolvency and Bankruptcy Code, 2016 came to be enacted only a few years back but with clear and vital objectives. The need for the Code was felt because: 

  1. It binds the law for re-organization and insolvency resolution for corporate persons, partnership firms and individuals all together, or what one may call unifies the rules.
  2. It’s different from a debt-recovery mechanism but it rather tries to help the conglomerate or the individuals to bring the partnership or company or venture as the case maybe on the right track. Thus, helping to construct a better economy.
  3. To establish the Insolvency and Bankruptcy Board of India (IBBI).

Who is an Insolvency Professional?

An Insolvency Professional (IP) is a term defined under Section 3(19) of the Insolvency and Bankruptcy Code, 2016 and states that “insolvency professional means a person enrolled under Section 206 with an insolvency professional agency as its member and registered with the Board as an insolvency professional under Section 207”

Further, Section 3(20) states that “insolvency professional agency means any person registered with the Board under section 201 as an insolvency professional agency”

Criteria to be an Insolvency Professional

Part IV Chapter IV of the Insolvency and Bankruptcy Code, 2016 deals with Insolvency Professional in depth and certain eligibility criteria are provided under-

  1. Section 206 requires an IP to be enrolled as a member of an Insolvency Professional agency and registered with the Board.
  2. The official website of IBBI presents a platform to enroll for Limited Insolvency Examination (“LIE”) or the National Insolvency Examination (“NIE”).
  3. The Limited Insolvency Examination requires 15 years of experience after graduation if one has been working at management posts, otherwise an experience of 10 years is required if one is a CA, CS, CMA or even an advocate.

The board categorizes the professionals on the basis of qualifications and experience in the varying fields like finance, law, management, insolvency or such other field. 

The Graduate Insolvency Programme

The better option for people who do not have the requisite experience is to opt for the Graduate Insolvency Programme (GIP). A person completing the GIP is eligible to be registered as an IP under the Insolvency and Bankruptcy Code 2016, without having to wait for 10-15 years to acquire the experience as required by the Code at present. 

Not just that, the program is specifically beneficial for people who elect to become academics or researchers or work in media houses.

Further details and notifications could any time be tracked at the official website of IICA i.e., The Indian Institute of Corporate Affairs established by the Ministry of Corporate Affairs (MCA), Government of India.

Website Linkhttps://iica.nic.in/gip/programme.aspx

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