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]]>About Common Law Admission Test
Thinking of choosing Law as a career option after the 12th?
The Common Law Admission Test (CLAT) is the gateway to a challenging and
rewarding career in the field of law. The CLAT exam is conducted every year
around May and June for admission into the prestigious National Law
Universities across India. The CLAT exam is mandatory for admission into these
universities except for the National Law University, Delhi, which admits
students through the All India Law Entrance Test (AILET).
Exam Name | Common Law Admission Test |
Conducted by | Consortium of National Law Universities |
Date of Exam | 19th June 2022, 2-4 PM |
Mode of examination | Offline |
Application fee | Rs. 4000/- (For General, OBC, PWD, NRI, PIO, OCI Candidates) Rs. 3500/- (For SC. ST, BPL category candidates) |
Number of Questions | 150 questions of 1 mark each |
Negative marking | Yes, 0.25 for each wrong answer. |
Exam duration | 2 hours (120 minutes) |
Age limit | No upper age limit for CLAT UG |
Subject areas | 1. English Language 2. Current affairs, including general knowledge 3. Legal Reasoning 4. Logical Reasoning 5. Quantitative techniques. |
Examination pattern | 150 Multiple choice questions of 1 mark each |
Result date | To be announced soon |
Detailed information regarding eligibility, syllabus, question paper format, and other instructions and latest notifications can be accessed at the official website of the conducting body, that is, Consortium of National Law Universities.
About the National Law Universities
The National Law Universities (NLUs) are the most prestigious and elite law schools in India. They have been constantly ranked as the best law colleges in the country.[1] There are a total of 23 NLUs in India at present, with a few more NLUs being lined up in the coming years. The list of National Law Universities in India is as follows:1. National Law School of India University, Bangalore
2. NALSAR University of Law, Hyderabad
3. The West Bengal National University of Juridical Sciences, Kolkata
4. National Law Institute University, Bhopal
5. National Law University, Jodhpur, Jodhpur
6. Hidayatullah National Law University, Raipur
7. Gujarat National Law University, Gandhinagar
8. Dr. Ram Manohar Lohia National Law University, Lucknow
9. Rajiv Gandhi National University of Law, Patiala
10. Chanakya National Law University, Patna
11. National University of Advanced Legal Studies, Kochi
12. National Law University, Delhi
13. National Law University Odisha, Cuttack
14. National University of Study and Research in Law, Ranchi
15. National Law University and Judicial Academy, Assam, Guwahati
16. Damodaram Sanjivayya National Law University, Vishakhapatnam
17. Tamil Nadu National Law University, Trichy
18. Maharashtra National Law University, Mumbai
19. Maharashtra National Law University, Nagpur
20. Maharashtra National Law University, Aurangabad
21. Himachal Pradesh National Law University, Shimla
22. Dharmashastra National Law University, Jabalpur
23. Dr. B.R. Ambedkar National Law University, Sonipat
Admission into these prestigious National Law Universities is not an easy task. However, the journey is worth the shot. These universities offer 5-year integrated courses in law (which saves a year for the candidates in case they opt for the usual 3-year LL.B after completing graduation). One must visit the University’s website to check out the courses offered and the course structure.
Strategies to crack CLAT
There has been an increasing trend of aspirants appearing for CLAT. The number of exam takers has seen a sharp steep over the years, with approximately sixty thousand students appearing for CLAT 2021! This, coupled with an acceptance rate of less than 3-4 percent, makes CLAT the most competitive law entrance exam in India. One needs a robust preparation with the right mindset and strategy to tackle the challenges on the way. The right strategy not only includes preparing from the right sources but also preparing the right way.
Here’s what might help:
1. Sneak into past year’s papers- One must go through the past year’s papers to get a knack for exam patterns and the style of questions. It is common for exams to follow a set style of questions and going through the past year’s papers helps you identify those.
2. Attempt a thousand times before actually attempting it- The most important part of one’s preparation is undoubtedly practicing mock tests as much as possible. This will help you:
· Identify your weak and strong areas;
· Build speed and accuracy;
· Choose the best exam attempting strategy- Like how much guesswork helps you score higher;
· Get a clear picture of your preparation level;
· Strategize time management techniques;
· Familiarize with different question styles;
· Identify important questions and topics.
3. Time management– Time crunch is something that most of the students struggle with while appearing for CLAT. The aspirants are required to attempt 150 questions in 120 minutes, which boils down to less than a minute to read, analyze and attempt one answer! It is thus, important to know how much time to spend on each question or each section. While this largely depends upon one’s own speed and acumen, identifying one’s strong and weak areas can help the candidate allocate time in an efficient manner and save precious time during the time.
4. Stay hydrated, Stay motivated- Battles are lost in the mind first. With mounting pressure for 12th class board exam, it is not uncommon for students to lose sight of their goals. It’s important to keep your mental health under check in order to perform well. Watching motivational videos and talking to one’s mentors/teachers/peers can help one stay motivated in times of pressure.
5. Know what’s happening around you- Exams with a general knowledge section always test one’s awareness of the happenings around the world. So it’s important to keep one’s eyes open and stay updated about all the recent events happening in the world. Who knows, a glimpse of some news here or there might buy you some marks in the CLAT!
6. Don’t spoil your 12th Board – While CLAT preparation demands a lot of time and attention from aspirants, one must not forget that 12th board still constitutes the most important stage in one’s academic ladder. One must not jeopardize the preparation for 12th Boards while preparing for CLAT exam.
Source to prepare for the Exam
While there are numerous sources to prepare for the exam, one must go with the best! And when it comes to the best, the EBC Guide for LLB, CLAT, AILET, SET, DU and Other Law Entrance Exams by Surabhi Modi, is second to none. This 5th edition 2022 LL.B. entrance exam guide is the most comprehensive book for the preparation of CLAT, AILET, SET, DU, and other LL.B. entrance exams. This book provides the most reliable answers for previous year’s papers and the most thorough analysis of questions. It stands out amongst others in its expert insight and authentic and reliable answers and provides the shortest route possible to crack CLAT. A must-have book for all students, whether they are new to law entrance exam preparation or have been preparing for a while. They will find the book immensely advantageous and helpful for their preparation.
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]]>The post Super Fast 2 Days* Delivery on All Orders! @ EBC Webstore appeared first on EBC.
]]>For which part of our routine life does this stand true?
You guessed it right..e-commerce!
These days, eCommerce has become widely known in the digitalized world, and many businesses have applied this to their business to approach more customers. However, the most important part which many companies did not recognize is swift eCommerce delivery.
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2-Day delivery* is exactly what it sounds like — but it’s a lot harder to achieve than it is to define. EBC Webstore is such a platform that successfully serves their customers with 2-Day delivery which requires a seriously smooth logistics operation and plenty of resources.
What do you get when you shop from EBC Webstore:
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So, you can easily shop for almost all your study or reference needs, be it a Supreme Court Journal, a Lawyer Commentary, a Bare Act, a Student Book, an eLibrary subscription, or even an online certification course on law from EBC Webstore and expect 2 Days Delivery (in all metro cities, for exact delivery timelines simply check for your pin code on www.ebcwebstore.com)
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]]>The post A must-have book for every lawyer! SCYD 2023 appeared first on EBC.
]]>Today, on almost every law point, there is a Supreme Court Judgment. It, therefore, is to your advantage to cite and refer to the strongest precedent available. This reflects well in your judgment and also reduces the pendency of cases in the judicial system – something for which your contribution will be lauded.
SCYD provides citations of SCC and all major law reports like AIR, Cri LJ, AIC, ALD, ALR, All LJ, CPJ, CTC, Cut LT, DLT, Guj LR, KCCR, KLT, LW, Mah LJ, MPLJ VST, Comp Cas, ITR, LLN, Lab IC, FLR, ELT, etc. It can therefore be used with most law reports.
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4. Affordable resource for Supreme Court case law.
Pre-Order your copy of SCYD 2023 NOW!
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]]>The post Practical Lawyer: Limitation Period appeared first on EBC.
]]>On 15-3-2021, the Supreme Court of India, in Secunderabad Cantonment Board v. B. Ramachandraiah & Sons made a prominent judgment and cleared the air on the fundamental issue of whether reminders and letters by the aggrieved party to the other will have any effect on the period of limitation, that is, if the correspondence between parties will extend the period of limitation and to what extent. The Supreme Court—very eloquently— elaborated on the matter and took each instance at hand, resulting in the following judgment.
Factual background
On 2-9-2000, Secunderabad Cantonment Board (appellant) issued a notice inviting tender (NIT) for carrying out certain repair work to the roads, and in this regard, thereafter, 3 agreements were entered into with M/s Ramachandraiah & Sons (respondent), with the first agreement dated 23-9-2000 and the remaining two dated 17-9-2001.
The cause of action
After a wide gap of over six months (of receiving the certificates and payment for the work completed), the respondent began to demand reimbursement — quoting the variation in prices of labor, material and fuel.
Then, after a long silence for about two years, the respondent issued a letter dated 7-11-2006, requesting the appellant to appoint the arbitrator according to Clause 17 of each of the agreements (which provided that in case any dispute arose between the parties then — pursuant to written notice by either party — the matter shall be referred to a sole arbitrator appointed by the appellant). On receiving no reply from the other side, yet another letter was issued on 13-1-2007 alleging that a “fundamental breach of contractual obligation” has been found on part of the appellant which calls for a rescission of the contract and that an arbitrator shall be appointed within 30 days. Thereafter, the appellant sent a laconic reply after 10 days, stating that the matter was under consideration.
Subsequently, the respondent kept on issuing letters at long intervals, repeatedly reminding the other party of their duty to appoint the arbitrator, and this continued to be the position for another two years.
Finally, on 30-10-2010, the respondent sent out a legal notice stating that despite repeated reminders, the appointing authority has failed to act, and the only remedy available with the respondent now is to approach the Chief Justice of the High Court of Andhra Pradesh in order to seek the appointment of the sole arbitrator, while also pointing out that the arbitration proceedings have commenced on 7-11-2006, that is, when the first letter concerning the appointment was issued to the appellant.
To this, the counsel for appellant sent a reply after two weeks with the following representations:
- Firstly, the copies requested may not be available since 8 years have elapsed after the final payment.
- Secondly, there is no clause in the agreement which puts forth a condition that reimbursement shall be made on price(s) variation. Regardless, the claim is barred under the law of limitation, hence the notice is untenable and highly objectionable.
- Thirdly, since the respondent was not able to complete the entrusted work within the stipulated time, on his request, an extension of one year was granted. And by that time, only the work to the tune of approx Rs 75 lakhs could be completed and a request was made by the respondent to the High Court of Andhra Pradesh to release the work order for balance amount with respect to the works in question. Since the request was turned down by the High Court, reimbursement on variation is not a valid claim.
- Lastly, Clause 5 of the agreement specifically mention that the final bill amount shall be released only on submission of a “no-claim certificate” by the respondent, and so, pursuant to the receipt of the bill, there lies no such dispute.
This was followed by a three-year-long futile act of sending letters back and forth, of reiteration and rejection of the same.
Procedural history
On 6-11-2013, the respondent lodged an application in the High Court of State of Telangana (High Court), under Section 11 of the Arbitration and Conciliation Act, 1996 on 20-82019 the Single Judge passed an (impugned) judgment stating that the applications were within the time-limit, and appointed Shri Y.V. Ramakrishna as the sole arbitrator. Therefore, a special leave petition, by way of civil appeal, was filed by the appellant before the Supreme Court (Court).
The appellant’s contentions
The appellant’s counsel argued that by virtue of Article 137 of the Limitation Act, 1963 (Limitation Act), so far as the application filed under Section 11 of the Arbitration Act is concerned, the period of limitation should start running from the date the receipt of the request was first received by the President of the Secunderabad Cantonment Board (i.e. 23-1-2007).
Additionally, the cause of action originated way back in 2003, that is, when the claim was demanded for the very first time. Further, an extension of limitation cannot be granted only by considering the fact that letters were issued time and time again. To bolster the argument, reliance was placed on Vidya Drolia v. Durga Trading Corpn., wherein the claim was held ex facie time-barred.
The respondent’s contention
The counsel for the respondent contended that the cause of action first arose when the appellant had outright rejected the written request of the respondent for appointment of an arbitrator vide letter dated 10-11-2010, and for this reason, the claim is not barred by limitation.
Furthermore, he stated that the price variation bill was handed over along with the final bill, however, it did not clear through (although, despite the said contention, the respondent had no iota of evidence to prove it).
The final judgment
Effect of correspondence in the period of limitation
The Court, while relying upon its own judgment in Geo Miller & Co. (P) Ltd. v. Rajasthan Vidyut Utpadan Nigam Ltd. wherein it observed that a mere correspondence between the parties by way of writing letters/reminders would not cause extension in the period of limitation, authoritatively held that failure of any response by the party should be treated as a denial of the claim, hence, it is baseless to plead that the applicant waited for an inordinately long period while constantly sending reminders in the meantime.
To this, the Court opined that “19. … once time has started running, any final rejection by the appellant by its letter dated 10-112010 would not give any fresh start to a limitation period which has already begun running, following the mandate of Section 9 of the Limitation Act. This being the case, the High Court was clearly in error in stating that since the applications under Section 11 of the Arbitration Act were filed on 6-11-2013, they were within the limitation period of three years starting from 10-11-2020. On this count, the applications under Section 11 of the Arbitration Act, themselves being hopelessly time-barred, no arbitrator could have been appointed by the High Court.”
Accrual of the cause of action
The Court referred to the judgment in BSNL v. Nortel Networks (India) (P) Ltd. where it made a clear distinction between limitation for seeking appointment of the arbitrator(s) and limitation for making substantive claims as per the underlying contract and regarded it as a well-settled principle that, according to Section 11(6), limitation of filing application would begin on the expiry of thirty days from the date of issuance of notice for appointment (of the arbitrator).
Following this, the Court, in this case, observed that the laconic reply by the appellant claiming the matter to be under consideration, was within thirty days from the date of reiteration of demand vide letter dated 13-1-2007, so factually the cause of action for appointment accrued on completion of thirty days from the date of the abovementioned letter.
Ergo, it held the following: “19. … so far as the applicability of Article 137 of the Limitation Act to the applications under Section 11 of the Arbitration Act is concerned, it is clear that the demand for arbitration in the present case was made by the letter dated 7-11-2006. This demand was reiterated by a letter dated 13-1-2007, which letter itself informed the appellant that appointment of an arbitrator would have to be made within 30 days. At the very latest, therefore, on the facts of this case, time began to run on and from 12-2-2007. The appellant’s laconic letter dated 23-1-2007, which stated that the matter was under consideration, was within the 30 days period. On and from 12-2-2007, when no arbitrator was appointed, the cause of action for appointment of an arbitrator accrued to the respondent and time began running from that day.”
Time-barred claim
Again, reference was made to the case of BSNL v. Nortel Networks (India) (P) Ltd., wherein the Court went on to state that now with the amendment of Section 11(6-A), all that the Court requires is to examine the existence of an arbitration agreement, other thresholds and preliminary issues are to be decided by the Tribunal — as enshrined in the kompetenz-kompetenz principle. Further holding that interference can only be made at the initial (referral) stage where it is apparent that there is no subsisting dispute, or that the claim is ex facie time-barred and dead.
The Court while standing by the view that cause of action first accrued in the year 2007, did not shy away from pointing out that even if 16-2-2010 were assumed to be the date when the period of limitation on merits starts running — considering that formal rejection from the appellant’s side was received on that date — three years have elapsed since then as well, making the claim time-barred according to the rules of limitation.
For this reason, the Court held as follows: “20. Even otherwise, the claim made by the respondent was also ex facie time-barred. It is undisputed that final payments were received latest by the end of March 2003 by the respondent. That apart, even assuming that demand could have been made on account of price variation, such demand was made on 8-92003. Repeated letters were written thereafter by the respondent, culminating in a legal notice dated 30-1-2010. Vide the reply notice dated 16-2-2010, it was made clear that such demands had been rejected. Even taking 16-2-2010 as the starting point for limitation on merits, a period of three years having elapsed by February 2013, the claim made on merits is also hopelessly time-barred.”
The judgment of the High Court was accordingly set aside.
Conclusion and analysis
The statute of limitation exists for a credible cause, that being, to give a quietus to the disputable matters. It further prevents uncalled-for disturbance in situations where someone’s acquired right has been threatened due to another party’s inaction.
The Court has abundantly made it clear that sending forth requests through letters and reiterating/ reminding time and again will not have so much of an impact to extend the period of limitation, hence waiting for an unusually long period in hopes of a reply is not a reasonable step. In addition to that, it has been declared that cause of action arises on expiry of 30 days from the date of issuance of final notice for the appointment of an arbitrator, reference shall be made to Section 11 of the Arbitration Act.
Lastly, while making an assumption that the claim of price variation is valid, the limitation on merit for that starts running when the claim is formally rejected by the other party, and since 3 years elapsed before any application was made to the Court in that regard, the claim in itself was exceedingly time-barred.
It is to be duly noted that the case does not deal with condonation of delay, for that was never pleaded by the applicant, but only whether the delay has been caused or not in the first place. Concerning that, the judgment is thorough and beyond all praise, and sets a strong precedent hereinafter.
Order December 2021 issue of best Law Book Now
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]]>The post Practical Lawyer: India’s Attempt to Regulate Surrogacy appeared first on EBC.
]]>- India’s Attempt to Regulate Surrogacy.
Other Highlights :
- Right to Digital Privacy
- Stalemate, Speaker, and the Constitution
- Remedying Power Sector: Electricity Amendment Bill, 2021
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