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  • Poorvi Sanjanwala, Partner, Rajani Associates on essentials of a good corporate lawyer and Merger and Acquisition practice

    Poorvi Sanjanwala graduated in law with a gold medal from the Mumbai University in the year 2003 and went on to complete her Masters in Commerce from the same University.

    She is currently a partner at Rajani Associates and handles the Private Equity and Merger & Acquistion practice (the acquisitions side) in the Firm.

    In this interview she talks about:

    • Essentials of a Good Corporate Lawyer

    • Experience working in a Corporate Firm

    • Challenges and hurdles in Merger and Acquisition Practice

    • Her view on Make in India campaign

    HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS?

    I am Poorvi Sanjanwala and am a partner at Rajani Associates, a Mumbai based law-firm. I handle the Private Equity and Merger and Acquistion practice (the acquisitions side) in our Firm.

    WHAT INSPIRED YOU TO JOIN THE PROFESSION OF LAW? IF NOT LAW THEN WHAT WOULD HAVE BEEN YOUR CAREER INTEREST?

    I have always been interested in all things legal even when I was in college, I recollect deliberating a bit more upon newspaper articles which reported commercial judgements or interesting case-laws. Added to that is the fact that I am very fond of drafting, so law had to be an obvious option. If it were not law, I would have probably pursued an MBA.

    HOW IMPORTANT ARE INTERNSHIPS FOR A LAW STUDENT? TELL US ABOUT YOUR INTERNSHIP EXPERIENCES WHILE AT UNIVERSITY

    Internships I believe are extremely important not only from a knowledge-building perspective but from a specialisation identification perspective. Internships enable a student to obtain a more in-depth knowledge of various laws particularly from a practical perspective. Internships also go a long way in honing analytical skills further and enable students to come up-to-speed on laws and judgements as part of research or assignments they may be involved in, in the course of their internship. Internships do, I believe, also help students in identifying with more clarity the area of specialisation they wish to pursue and also prepare them more effectively from a practical standpoint, for life as a lawyer once they graduate. And yes, internships are at many times, a very good platform for talent to come to fore and be recognised as well. Unfortunately I did not intern during my university days so as such there is no specific experience I would be able to share with the readers in this regard.

    WHAT ARE THE OPPORTUNITIES THAT THE PRACTICE HAS TO OFFER? WHAT ARE THE ESSENTIAL REQUIREMENTS TO BE A GOOD CORPORATE LAWYER?

    Our Firm is a full service Law Firm with the corporate law practice areas being the pivots. Our practice areas include PE, M&A, Capital Markets (International and Domestic), Projects and Project Finance, Dispute Resolution, Intellectual Property, Real Estate, Banking and Finance and ofcourse General Corporate and Commercial.

    The essential requirements to be a good corporate lawyer, would be, first ofcourse be interest in the corporate laws domain as a whole, followed by good drafting skills, since any transaction/assignment in any these practice areas do involve significant documentation and where more often than not, no two documents are alike and entail customisation which is transaction specific. Coupled with drafting are negotiation skills, since again transactional documentation almost always involves counter-parties and where finalisation of such documents involves negotiations and lastly, good inter-personal skills and team spirit.

    HOW WOULD YOU COMPARE INDEPENDENT PRACTICE TO JOINING A LAW FIRM?

    Having worked with law firms since I qualified, I don’t think I would be in a position to throw much light on this. Having said this, starting off- independently is at the other end of the spectrum from working in a firm. There are various factors which culminate into a decision for any person to start off on their own and pose its own set of challenges.

     

    CAN YOU TELL US ABOUT YOUR EXPERIENCE AT THE FIRM AND WHAT MOTIVATED YOU TO JOIN RAJANI ASSOCIATES?

    (Ms. Poorvi Sanjanwala have been with Rajani Associates for more than a decadpoorvi-3e)

    The experience has been very enriching. Rajani Associates is the place where I have gained and continue to gain my knowledge of corporate laws and my transactional experience in the PE and M&A spaces. I have also been fortunate to have had very good seniors, particularly Mr. Prem Rajani, the Firm’s Managing Partner, who have also been very encouraging and have had the patience to discuss transactional aspects as a transaction progresses (and not just a post completion analysis or review). As a Firm, apart from the emphasis on close attention to detail and effective client interaction, Rajani Associates gives its lawyers the platform to demonstrate their skills in the areas of their practice, believes in placing an equal importance on learning as you work and where every member of the team is encouraged to contribute effectively to transaction closure and given an opportunity to actively participate in transactions. Coupled with this, is a good working environment and you have all the ingredients of a great working place and enormous opportunities for career growth.

    YOU HANDLE VARIOUS ASSIGNMENTS WITH RESPECT TO THE MERGERS & ACQUISITIONS. WHAT ARE THE BIGGEST HURDLES AND CHALLENGES IN THE IN THIS AREA OF PRACTICE?

    I would not say that there are hurdles in either the PE or the M&A space. Yes transactions are challenging and at times demanding but which transaction is not? It is the challenges which make each transaction a unique learning curve and also enrich your knowledge and experience in the process. I would say that every transaction I have handled or been part of in the past, has had some or at times a myriad of unique aspects to it, be it the nature of the transaction or its structure or the negotiations that it may have entailed. All transactions and the experiences have been and will continue to be a wonderful learning process for me.

    RAJANI ASSOCIATES HAS CONSISTENTLY BEEN RANKED AT THE TOP IN DEALING WITH ASIA-PACIFIC M&A. WHAT IS AN AVERAGE DAY AT WORK LIKE FOR YOU?

    An average work day would mean discussing with the team on on-going transactions, taking a round-up on changes that may have been effected to any law and its potential implications and ofcourse working with the team to meet deadlines of any on-going transaction.

    THE GOVERNMENT HAS BEGUN DISCUSSIONS TO PERMIT THE ENTRY OF FOREIGN LAW FIRMS AND LAWYERS INTO INDIA. IN YOUR OPINION, HOW WILL THIS AFFECT THE PROFESSION?

    How the actual entry of the foreign law firms will pan out, will ultimately depend on the fine print of the rules which will regulate their entry and operations into the Indian legal practice arena. As such it would be pre-mature to comment in detail at this juncture. Needless however it would be to state that the advent of foreign law firms will be a game-changer of sorts once all decks are cleared for their entry.

    THERE IS ONGOING CAMPAIGN FOR “MAKE IN INDIA”, “START-UP INDIA” AND “SKILL INDIA”. IS OUR LEGAL SYSTEM MATURE ENOUGH FOR SUCH DEVELOPMENTS OR IS THERE A NEED FOR REFORM?

    I believe the legal system is mature enough. This initiative of the Government is an important and welcome step in providing an impetus to growth and development of the country as a whole by nurturing skills and ideas to translate them into opportunities for businesses thereby generating employment and bringing self-reliance in sectors which were earlier import dependant or at the nascent stages of development. At the same time it also seeks to encourage multi-nationals and other global level players to set shop in India thereby also enabling the Country to not only benefit from investment and capital but also in opening up new opportunities for new/enhanced skill sets, technologies, employment opportunities and other ancillary benefits thereby propelling the growth story further. Keeping this objective in mind, the Government has introduced several measures for the ease of entrepreneurs to start and operate their businesses, initiated consequential changes in legislation, introduced reforms, including the liberalisation of receipt of foreign direct investment in various sectors which will go a long way in making the “Make in India” concept a winner all the way in achieving its intended objectives.

    THE GOVERNMENT HAS BROUGHT INTO FORCE THE COMPANIES (MEDIATION AND CONCILIATION) RULES 2016 TO GIVE EFFECT TO SECTION 442 OF THE COMPANIES ACT. HOW WILL THIS AFFECT THE CORPORATE SECTOR?

    As the Companies (Mediation and Conciliation) Rules, 2016 are a very recent introduction that is, the notification in this regard has been issued in September 2016 only, its impact and its success as also the ability of this mechanism to reduce the burden on the judiciary will have to be reviewed as the extent to which parties to a dispute will take recourse to it for the purposes of resolution of their disputes will have to be gauged with the passage of time.

    WHAT ADVICE DO YOU WISH TO GIVE TO YOUNG LAW STUDENTS AND YOUNG LAWYERS, LOOKING FORWARD TO JOIN A CORPORATE LAW FIRM?

    Joining a corporate law firm as most of the readers would be aware, is a demanding but at the same time challenging as well. Coupled with this, it also entails the pre-requisite of keeping continuously abreast with current laws, possessing good negotiation, drafting skills and analytical skills and working well in a team. Other equally important aspects are effective communication and inter-personal skills which are critical in team and client interaction as also during negotiation of agreements.

    WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS?

    If you love the work you do and put all your efforts into what you do at your work place whole-heartedly, then this is what will make the entire journey an enjoyable, enriching and successful experience.

     

  • Shatarupa Mishra, Indian Revenue Service Officer, on preparing and cracking Civil Service Examination

    Shatarupa Mishra graduated from Symbiosis Law School in 2013. She is a lawyer by interest, civil servant by profession and dancer by passion. Currently, she is training as an INDIAN REVENUE SERVICE OFFICER-Income Tax in National Academy of Direct Taxes, Nagpur after clearing Civil Service Examination 2014.

     

    In this interview she talks to us about:

    • How she developed interest in reading and writing.
    • What inspired her to appear for civil service exam?
    • When should a person ideally start preparation for the civil services exam?
    • Easiest and toughest part for preparation.
    • Aspects that a civil service aspirant must focus on and start preparing for in advance.

     

    Please introduce yourself to the readers. Please tell us a little bit about your childhood and your background.

    Hello friends! I am Shatarupa Mishra, lawyer by interest, civil servant by profession and dancer by passion. Currently I am training as an INDIAN REVENUE SERVICE OFFICER-Income Tax in National Academy of Direct Taxes, Nagpur after clearing Civil Service Examination 2014.

    My schooling has been in De Paul School in a small town Berhampur and subsequently in St. Joseph’s High School, Bhubaneshwar, the capital. I was extremely active in extracurricular activities like writing, dancing and singing. Both me and my elder sister started training in Odissi, the classical dance of Odisha  and other dance forms.

    Infact I started performing in stage shows and dance festivals from a very young age of 4 years and those childhood memories of dancing remain the most cherished. I was also the house captain in my school.

     

    What impressed upon you the idea to study law?

    Frankly speaking, I wanted to pursue law when I realized after two years of science in intermediate level, I did not want to pursue Engineering or Medicine, the two most preferred options at that time. Browsing through the law syllabus in my +2 2nd years, my interest was piqued and I thought graduation in law would bode well for me. My choice was very instinctive and it worked out well.

     

    How was your experience at Symbiosis Law School, Pune. What activities were you involved in apart from the regular academic curriculum?

    My five years in Symbiosis Law School was very enjoyable and memorable. Right from academics to internships to pro-bono activities to extracurricular activities, Symbiosis gives you a wide platform for everything.  From my 1st year itself, I took an active part in extracurricular activities like dancing and participated in many college fests. Timings of law school were such that we could pursue our other hobbies and interests in the later part of the day. Second year onwards, I started mooting and was fortunate enough to be a part of our college team in Jessups. Mooting piqued my interest in legal research and I subsequently wrote many legal essays in pre-final and final year. Being a part of the very active Human Rights Cell of our college for all five years, I loved teaching young kids from underprivileged background and spending time with them on weekends.

    I loved learning law for the sake of itself and was extremely diligent about my studies and projects. The cherry on the cake was when I was awarded a scholarship for academic excellence in my fourth year and the Chancellors Gold medal for topping my batch in BA LLB course.

     

    How did you develop your interest in reading and writing?

    Reading was my favourite pastime since childhood. If I was not dancing, I was reading. Both my parents, grandparents are voracious readers and encouraged me to develop reading habit. At home there was already a huge library to pick books from.   I have many pleasant memories of visiting book shops and exhibitions with my father and buying loads of books, all non-academic of course. If there was a book club in my city, I was a member in it. In school also, my favorite subject was English literature. My reading habit almost borders on obsession, my family tells me, ha-ha! In childhood, I started writing poems and subsequently, articles. My mother also writes poems in Odia language and she has been a major motivation behind my writing.  Law School and preparation for civil service examinations only enhanced my interest and skills in writing articles.

     

    When and what inspired you to appear for Civil Service Exam?

    I believe it was a very conscious choice to appear for Civil Service Exam. I belong to a family of state and central civil servants, so somewhere the inspiration to be one myself was right at home. My biggest inspiration has been my father who is respected by all as an honest, upright and efficient officer in the State Government. Dinner table conversations have many a times, been about development, administration and issues therein.  Secondly, I was keen to be in a profession which offered me a wide platform to work in law, policy and implementation. My legal training actually strengthened my resolve to sit for this examination. Thirdly the syllabus of the civil services exam piqued my interest, particularly the general studies papers.  Keeping all these factors in mind, I eliminated other career options in law in fifth year of law school so that I would never regret the decision of appearing for this examination. I was fortunate that I got a mentor in Pune, Shri Aashay Abhyankar, who along with his family, has played a stellar role in my success.

     

    When did you start preparing for the exam? When should a person ideally start preparation for the civil services exam?

    I started preparing for this examination immediately after graduating from law school in 2013.  I really wanted to clear the examination in my first attempt itself and join the services at a young age so I wanted to give it my full focus the first time around.

    As regards the second part of your question, I believe once the person is sure that this is what he wants to achieve, then that time automatically becomes the most ideal for preparation. Hence, to each his own.

     

    How many hours did you put in for your preparations every day? Is having a fixed schedule or weekly targets important according to you?

    I used to fix daily targets and accordingly work to complete them, so there was no fixed number of hours. On an average, it ranged from 6-8 hours daily.  Rest of the time was spent in reading newspapers, surfing the net or carrying out other hobbies.

    Yes having a fixed schedule and weekly targets is important as I have personally benefited from such meticulous planning.

     

    Which were the easiest and toughest parts of your preparation?

    The easiest part was reading newspapers and making notes from them and studying the general studies papers which are exhaustive but highly interesting as well. History,  culture, polity, foreign affairs are topics that I loved to read and analyze.  The toughest part for was staying away from my family, and friends as I was preparing in Pune while my family stays in Bhubaneshwar.

     

    What are the aspects that a civil service aspirant must focus on and start preparing for in advance?

    A civil service aspirant should first know how to read the newspaper for this examination. Then preparation becomes very easy and interesting as one can interlink concepts with current affairs, analyze and present  in a unbiased manner. My preparation for civil services was very newspaper-oriented and it held me in good stead throughout all three levels.

     

    What were the attributes of your legal education and background which helped you in succeeding in the civil service exam?

    I would attribute my success in first attempt to legal education in a lot of ways. As law students, we are used to processing copious amounts of information and presenting them in answers. Secondly writing subjective answers in limited time, a skill acquired during law school, is an asset while writing the Civil Services (Main) Examinations. In all my mock tests and the mains examination I never faced the issue of time management. Thirdly, integrated law course already gives you an insight into general humanities subjects in the initial years like political science, history, sociology, etc which is somewhat registered in your mind. The only catch here is to keep legalese and biased viewpoints out of your preparation and remembers that this examination wants administrators and not lawyers at the end of the day and moulds yourself accordingly.

     

    What is the importance of CGPA for law students especially for Civil Service exam aspirant? Does it make any difference during the interview?

    More than CGPA, it is the grasp over syllabus and overall analytical skills that matter most for law students in civil service examination. Having said that, I believe a decent CGPA would always be an asset to the law student, be it in this examination, or legal jobs or pursuing higher studies, etc.

    I can answer the second question only from my own experience. As I was the batch topper with a high CGPA, I was apprehensive that they could ask me a lot of law-related questions expecting accurate answers. And this is what happened I was asked factual questions spanning multiple law subjects. However, the interview experience is very subjective and nothing is a precedent.

     

    Tell us about your interview? What kinds of questions were asked by the interview board?

    My interview was on the afternoon session on 15th May, 2015. It was chaired by Prof. David Sylimlieh. As discussed above, mostly factual and legal questions were asked which I could answer racking law notes in my mind at that very instant.

     

    What would be your message for law students who are preparing or planning to prepare to appear for the Civil Service exam?

    I personally feel that with the hard work, perseverance and right guidance, it is not difficult for a law student to clear these Examinations. Civil Services involve law interpretation and implementation, public administration and management, which law students imbibe in their five-year long erudition. So they should approach this examination with full focus and determination, if they choose to appear for it. Success shall definitely follow.

     

    Lastly, what would be your message for the readers who want to pursue career in Civil Services?

    Readers wanting to pursue a career should first be clear about why they want to pursue it. Once they have decided, they should just focus and plunge into the syllabus with full determination.  Enjoy the process of learning and studying for this examination and before you realize, success shall be yours! God Bless.

     

     

     

  • Dr. J. S. Patil, Vice Chancellor, NLUJA, Assam, on a career in legal academics, role of a professor and research work

    Dr. J.S.Patil qualified in law from Karnataka University, Dharwad in 1977, and thereafter went on to pursue further studies from University of Mysore, and earned his Masters in 1979. In 1997 he also finished his Ph.D studies from Saurashtra University, Rajkot.

    Dr. Patil served as a professor in the department of post graduate studies and research in law at Gulbarga University from 1995 and had deputations to other colleges including his stint from 2009 to 2013 as the Vice Chancellor of Karnataka State Law University. He is currently the Vice Chancellor of National Law University and Judicial Academy, Guwahati.

    In this interview, he talks to us about:

    • His love for the law and positive changes he has witnessed in the evolution of law
    • The challenges he faces as the Vice Chancellor of NLU Assam and those that he faced in KSLU
    • Advice on various facets of the legal profession and on acing law school
    • The divisions he believes exist between NLUs and other law colleges
    • His vision for legal education and NLU Assam

     

    Tell us a bit about your childhood. Looking back, what are the most important lessons that you learnt as a young student that shaped your personality.

    My school days were very important days of my life. There was a small government primary school in my locality known as Konapupet in a small town called Manvi in the Raichur District of Karnataka, where I had an excellent head master always dressed in a sherwani and fur cap, known for strictness and discipline. His personality influenced me to a great extent especially in meticulous dressing. When I was in the 4th Standard in middle school, I was chosen to deliver a short speech on Independence Day on 15th August 1964. My oration started from then onwards. In high school, I had some excellent teachers who were responsible for shaping my personality and future. All the schools I studied at were government schools, but satisfactorily qualitative with committed teachers. I was one among five students out of 150 who passed SSLC or 10th Standard in 1970. It was so difficult to clear the matriculation during those days, passing matriculation was taken as a prestigious one. My parents were very pious and humble and their dream was to provide maximum education to their five children. They were from the lower middle class strata of society; they were unlettered and farmers, yet because of their commitment, four of their children could get a good education. This has taught me a great lesson – to work hard and worship work. They were my greatest teachers and my inspiration in my childhood. Along with my elder brother, I established a small library of Kannada literature at home, especially novels from Kannada litterateurs. I was fond of reading novels and lent the books to others by charging ten paise per day and buying books with the revenue. We were able to build a culture of reading among our friends in the mohalla by this initiative.

     

    Why did you decide to opt for the profession of law? As a young student, which aspects of the law fascinated you the most?

    When I joined the law course, I had no clarity in my mind as to career. Coming from a rural background, it was difficult for me to take decisions as we (my brothers and I) were the first generation educated people in our family. I joined law only because my other friends had also joined colleges for law. But later on, during the course of my study, I realised the importance of legal education. As a young student, I was deeply influenced by my principal and wanted to be a teacher like him and also an administrator like him. Teaching became my passion over a period of time.

     

    Sir, you have pursued your law at Karnataka University. What were the highlights of your journey as a law student? Which legal subjects did you enjoy studying the most?

    To study under great teachers like Professor G. V. Ajjappa, Principal, University College of Law, Dharwad and other very eminent teachers in the college was a memorable and privileged aspect of my life. As I was deeply influenced by the imposing personality of the Principal, his favourite subject, Jurisprudence, was an obvious choice as a subject I loved the most and continues to be so even today. I was an average student at the LL. B. level. When I moved to the Department of Studies and Research in Law at the Manasagangotri Campus, University of Mysore, I took to studies seriously and was often described by my teachers and library staff as a model student on campus. My serious commitment to legal academics during those days transformed me into a law teacher.

     

    Did you ever have doubts back then about your ability to stand out in the legal profession? What, in your view, are the qualities that a law student should strive to possess in order to raise a notch above the rest?

    j-s-patil-1When I came to Dharwad from my native place to prosecute higher education in 1970 for PUC, I had an inferiority complex. I was able to get over it during my LL.B. studies. I could not enrol as a lawyer due to economic problems. I got an LL.M. seat in the University of Mysore and joined. The problem of inferiority set in again as there were very good students with backgrounds of having ranks and other laurels to their credit, while I had none. Slowly I was able to get over it and developed confidence. I had very good classmates who encouraged me and helped me in my studies. We were like one family and had an excellent atmosphere in the Department. Because of my dedicated hard work and support from friends and the faculty, I could come out with flying colours, by getting the first position with a first class in the international law branch and getting the second rank in the entire department. That was the beginning of my academic career and I never looked back after that.

    The legal profession demands hard work, regularity, punctuality, research, updating, good language and drafting skills, good communication and other soft skills, adaptation of modern IT tools and of course social and professional networking. Every law student should try to inculcate these qualities that will go a long way in building an excellent legal career.

     

    How should law students go about selecting topics for research publications?

    j-s-patil-4UGC regulations require a law teacher to take 18 hours workload of teaching. This takes away much of their time for teaching. Research takes a back seat as a consequence of this. Quality research has become a scarce commodity in the legal domain due to many reasons. The major reason, in my opinion, is the difficulty we are encountering in decolonising our consciousness. This problem is seriously interfering in understanding legal problems that we face in our country. Teachers need good training in customised research skills in the domain of law rather than routine research methods. Research and legal writings will become meaningful only if these are of relevance in providing justice to the common man. Competition to publish, due to the UGC requirement of API score, has encouraged law teachers to write and publish in research journals. It has also given rise to commercialisation and mushrooming of research journals raising question marks on the quality of research articles published in some of these journals. More attention to attend seminars and conferences, present papers, write research papers and publish have added to the overall personality of law teachers. It is also providing them with that additional input necessary to bring dynamics in their teaching.

    Students must select research topics based upon the hard realities of the need of the time, the problems our people face and difficulties they encounter in their lives vis-à-vis legality. Problems taken up for research need not be big and impressive but they must be pragmatic and practical. Solvability of the problem should be the hall mark of research topics.

     

    What are the biggest challenges that you have had to grapple with as the vice chancellor of NLU, Assam as well as KSLU? What have been the biggest successes so far?

    I have just started my innings in NLUJAA, Guwahati. The faculty and students here are wonderful. An urgent issue that I have had to deal with is shifting the University to the new campus. This will take a couple of months. The administrative building and law school building are ready for occupation. The construction of the Boys’ and Girls’ hostels is nearing completion. Construction of the Library, Judicial Academy and other buildings is also being taken up.

    j-s-patil-3

    We need to customise some of the course content to reflect regional aspects of the North East. We have to use A-VIEW (Amrita Virtual Interactive E-learning World) in our class rooms for more effective teaching and to ensure transparency. We have to launch some regionally relevant research projects on local cultural laws, the Brahmaputra River water management system, Legal regulation of mega biodiversity, legal regulation of petroleum and other energy resources. An ambitious project that I have in mind is the reconstruction of Indian Jurisprudence based on Indian experiences since the inception of the Indian civilisation. Consultation with stalwarts in the field like Professor Upendra Baxi and Professor G.V.Ajjappa has already been initiated to build the project.

    At KSLU the greatest challenges that I faced as the founder vice chancellor, were to acquire land, prepare the master plan and construct buildings. The other challenges were to bring 95 law colleges affiliated to various universities in Karnataka under one umbrella of KSLU and build a uniform curricula, examination system, etc. I have been able to do all these things successfully. Innovative steps taken at KSLU include the introduction of Khadi uniform on every Monday and singing of the national anthem every day in the morning before commencement of the classes and administrative activities of the University. This is to realise the dream of transforming KSLU into the peoples’ university with the punch line ‘Indian roots and global heights’.

     

    Do you feel that the legal profession has significantly changed from when you decided to study law? What are some of the changes that have positively impacted the profession and legal academia in your opinion?

    There have been some important changes in the legal profession since I started studying law. When I joined law, the legal profession was limited to civil and criminal practice. As time passed, there has been a tremendous expansion in legal professional activities in a variety of new and emerging areas like corporate and business laws, intellectual property rights, information technology law, entertainment and sports law, press and media law, environmental law, bio-diversity law, wild life and forest law, family law, consumer protection law, human rights, women and child rights, vigilance practice, legal process outsourcing, etc. The Legal profession has become one of the most sought after professions today. Every establishment needs to have a legal cell and recruit legal professionals. The union and state government departments, banks, corporates, NGOs, associations and unions, cooperatives, entertainment houses, press and media, etc. are establishing their own legal departments to address legal issues. The practice of law has gradually shifted from advocate chambers recruiting juniors to LLPs and LLCs and young lawyers joining these firms as employees or partners rather than juniors.

    There is a massive change in legal academics as well. We witnessed the introduction of a five year LL.B. programme, which runs parallel with the three year LL.B. programme. The introduction of semester (trimester in some national law schools) and choice based credit and grades points system have brought significant qualitative change in legal education. Introduction of new teaching-learning IT tools and e-library have added new impetus to legal education. NAAC accreditation is an important step that forces law colleges and universities to document their activities systematically and to conform to the requisites reflected in seven domains of NAAC proforma. This process is helping in activating activities in legal educational institutions.

    There are many types of legal educational institutions in our country. National law universities, Indian Law Institute, state law universities (Tamil Nadu and Karnataka), private law universities (O P Jindal), Law Schools in IITs, Law schools in private universities, government law colleges, university law colleges, private aided law colleges, private unaided law colleges and autonomous law colleges. With the establishment NLSIU in Bangalore and other law universities in the country, legal education has become a sought-after education for students. The competition among various players has contributed to the enhancement of quality in legal education. At the same time, it has also led to commercialisation of legal education which cannot be undermined.

     

    As a law student, you consistently excelled in academics. What are the most important tips that you would like to share with law students for consistently excelling in academics?

    One has to be regular to classes, punctual, hardworking, and complete the portion covered by the teacher that day itself. A student has to actively participate in moot courts, debates and other competitions. He should be in the library after class hours for studies and make effective use of e-library. He should regularly consult teachers for clarifications without shying away. He should promptly refer to dictionaries and encyclopaedias for understanding difficult words. He should not proceed further without understanding the sentence or paragraph he is reading. He should make notes and make periodic revision of the areas he has already covered. He should work with reputed lawyers, judges and firms as an intern. He should be active in the class, with friends, peers, teachers and everyone connected with law. These are tips to students to excel in academics.

     

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    Do you feel that there are differences between students of ‘elite’ law schools and students from other law colleges and traditional universities?

    There is a gap between students in elite law schools and others. However, this is not to overlook some of the excellent students in other law colleges. Most eminent lawyers and judges of the country are from traditional law colleges. Students of elite law colleges have many advantages. They have good infrastructure, faculty, library, opportunities to participate in moot court and other competitions, etc. Their elitist background and environment also helps them in performing better. Sometimes this background itself may become a disadvantage. There is a possibility of elitist students becoming overconfident and slipping into undesired activities.

     

    What are your views on the future of Indian legal education? How would you suggest that the legal fraternity manages to stay ahead?

    There is a wide scope for legal education in India not only for our students but also for those coming from abroad. India has become an education destination for students coming from third world countries. The legal fraternity is required to build and continuously work on various areas of legal education by updating curricula and pedagogy, updating of library, honing professional skills, building vibrant professional networks on social media and professional online platforms, building a network of alumni and professionals, entering into collaborations and MOUs with reputed institutions and above all, to keep continuously working on every aspect of legal academics to stay ahead in this highly competitive world.

     

    What would be your advice to young law students? How do you think that they should approach their career?

    Law students in India are becoming more and more smart and career oriented by making good use of e-libraries and internet. Every student should have a clear perception about his career. He must develop alternative plans (Plan-A, Plan-B, etc.) so that frustration does not creep in. In the new e-environ, they should not forget to read physical books and write and keep their reading and writing skills intact. This will take them into their careers in a better manner. Students should strive to get into litigation as a first priority so that courts get qualitative lawyers. As many NLU products are opting for corporate jobs their latent talent and skills are not expressed fully. Furthermore, they stagnate in their career after some time leading to frustration. Therefore, entering jobs should be the next priority. They can also think of establishing law corporates by finding venture capitalists and angel investors and think of working in ADRs, LPOs and many other para-legal domains. Students should do independent research, take counselling from peers and teachers and inputs from their friends before making any decision. Of course, at the end of the day, the decision must be theirs.

     

    You have worked both in NLU’S and NON-NLU. Can you share your advice “How a law student can bridge the gap between NLU’S and NON-NLU”.

    There is a typical status and aura about NLUs in the country. There is a separate test, CLAT, for admission into NLUs, paving way only for the creamy layer students to enter into these institutions. Expenses also forbid others from entering NLUs. Hence, NLUs have become elitist legal education centres and islands of excellence (not all of them of course). Others are essentially non-elitist; but there are some very good law colleges in this sector also, not just competing with NLUs but also marching ahead of some of the NLUs. Newly emerging private universities are posing a big challenge to NLUs. Pace has already been set with regard to tough competition between NLUs and some of these other legal education institutions. The real gap is between NLUs (along with other elitist law schools in the urban) and the other law colleges (including the ones in rural areas). This gap can be plugged by using the benefits available under projects like NME-ICT (National Mission for Education though Information and Communication Technology) and NKN (National Knowledge Commission). These projects of the central government are launched to bridge the gap between rural and urban educational institutions by establishing virtual class rooms, weekly discussions, retrievable AV content, etc.

     

    Any time management tip for Law students?

    Students should build timeline for their studies, get up at 4 or 4.30 in the morning, do some exercises and yoga to keep the body and mind fit for the day, jot down the tasks for the day, earmark a minimum of six to eight hours to study, use with restraint mobile phones and social networks, spend more time online in perusing legal professional networks and platforms, develop effective online reading skills, spend some time with friends, faculty and peers, involve in sports and cultural activities so as to develop total personality. While going to bed in the night reflect whether the tasks jotted down in the morning are completed.

     

    What is your vision for NLU Assam? Where would you like to see NLU Assam 10 years down the line?

    NLUJAA is a young and emerging institution with some unique advantages. Its campus location is wonderful with the Brahmaputra River flowing on one side and an imposing mountain with woods on the other side providing a serene atmosphere to conduct academic activities and also to develop it into a green campus. Another unique feature is that National Law University Assam has Judicial Academy Assam on its campus providing an additional advantage to the faculty and students to interact closely with the judges and judge trainees.

    My vision of NALUJAA is to build it into a world class legal education institution with an avowed objective of leading from the front multi-task projects aimed at transforming Assam and the north eastern India into a legally conscious society and develop an atmosphere of respect for rule of law. Towards achieving this, the University will make all efforts to provide quality legal education at under graduate and post graduate level; and build an army of law graduates who will dedicate themselves in building India as a legalitarian-egalitarian society, by putting service before self wherever possible. Various law centres (17 of them are already established in the cutting edge knowledge of law) established in the University will undertake research projects in the focussed areas in the concerned discipline of legal knowledge and work in close liaison with public institutions, NGOs and civil society with the commitment to provide legal knowledge and legal literacy to the people of north eastern states in particular and the country as a whole in general. The University aims at building customised research projects that are socially relevant for the north eastern region such as Brahmaputra water management and regulation, legal protection of mega-biodiversity of the region, local cultural laws, Indian jurisprudence, regulation of petroleum and natural energy resources, legal protection of indigenous knowledge through intellectual property rights, issues relating to promotion of regional international business, trade and commerce, issues relating to labour and child labour specially in tea estates, problem of child trafficking, legal aid and legal literacy, etc.

    Our dream is to build a vibrant national law university that caters to the law and justice needs of people in the north eastern region in particular and the country in general by providing qualitative legal education through usage of the most modern IT tools to access legal knowledge domain.

     

  • Aloy Das Mahapatra on interning abroad, working at Bose & Mitra & Co. and Scorpio Marine Management (I) Pvt. Ltd. and setting up an independent practice

    Aloy Das Mahapatra on interning abroad, working at Bose & Mitra & Co. and Scorpio Marine Management (I) Pvt. Ltd. and setting up an independent practice

     

    Aloy Das Mahapatra is an alumnus of Symbiosis Law School Pune, a constituent of Symbiosis International University. Having graduated from law school in 2013, he has worked in Bose & Mitra & Co. and Scorpio Marine Management (I) Pvt. Ltd. in the field of marine law. During his law school days he got opportunities to intern abroad which he undertook successfully. Apart from that he has a fair experience of leadership skills too while he was heading the Disciplinary Committee in Symbiosis Law School Pune. He has completed four grades of the violin curriculum from the Associated Board of the Royal Schools of Music, London and takes pride in calling himself a music enthusiast. Starting under the tutelage of Mr. Amitava (Raja) Majumdar (a notable practitioner in India and abroad in maritime law) at the Band I law firm Bose & Mitra & Co., he can currently be described as an independent advisor in the maritime law based out of Mumbai, India.

    In this interview he talks about –

    • His college experience
    • His take on internships and opinion on co-curricular and extra-curricular activities
    • His interest in the maritime law
    • His Indian and foreign internship experience
    • His experience of working at Bose & Mitra & Co. and as an independent advisor

     

    HELLO ALOY, WE FROM THE TEAM SUPERLAWYER WOULD LIKE TO THANK YOU FOR PROVIDING US A CHANCE TO INTERVIEW YOU ON THE SUPERLAWYER PLATFORM. HOW WOULD LIKE TO INTRODUCE YOURSELF?

    I’m a maritime lawyer with a keen interest in the business aspect of the legal practice. I’m presently trying to effectively shape a transition to the commercial side of global trade. As to my law school background, I graduated in the 2008-2013 batch of Symbiosis Law School, Pune and I pursued the B.B.A, LL.B dual degree programme. If you were to digress from law a bit, you’d find me exploring the latest hot joints in the city –when it comes to food, I am passionate about it to another level. On weekends, when I’m free, you’d probably find me playing badminton or swimming with my mates – I thoroughly enjoy playing a lot of sports.

     

    TELL US SOMETHING ABOUT YOUR COLLEGE EXPERIENCE.

    I don’t think mine would be any different from that of most students at Symbiosis. I learned as much outside of my class as I learnt while inside it. It was the first time that I had actually moved away from home and, looking back, I think it was a sum total of all my experiences there that played a significant role in moulding me into the person that I am today. I was fortunate to have a lot of friends, not just from law school, who became my family there. In law school, I was associated with the Disciplinary Committee and I had a chance to learn a lot of life skills while heading the team there. The team was fabulous and I forged close friendships with most of them. If I had a chance, I’d perhaps relive my life there, but I’m also conscious of the fact that each phase of live is meted out in the perfect dose; so yes, it’s time to move on.

     

    YOU HAVE UNDERTAKEN INTERNSHIPS AT RENOWNED LAW FIRMS WHILE IN LAW SCHOOL. DO YOU THINK THAT INTERNING AT BIG FIRMS MATTER AND HELPS ONE IN THE CAREER?

    I think a lot depends on not just one’s ability and interest in a field but also how well one fits into a particular setting, so the firm could be big or small or whatever but if it’s not the perfect fit then what’s the point? I tried several lines till I was able to identify a stream that I associated with most – shipping. Accordingly, most of my internships were in that stream. For me, it fit well. Thus, coming to your point, if you can make your mark and if what the organisation does aligns with your interest, then go ahead and jump right in. There’s no point beating around the bush. If you’re not sure, intern in as many different places as you can till you find your perfect fit. Just to be sure, however. it’s imperative to be guided by the age-old advice that, as a young lawyer, take whatever comes your way and do not develop a preconceived restriction for yourself.

     

    THOUGH YOUR INTERNSHIPS HAVE BEEN BALANCED THROUGHOUT, THERE SEEMS TO HAVE BEEN A PERSISTENT TILT TOWARD MARINE LAW. WHEN DID YOU REALIZE THAT MARINE LAW IS THE AREA WHERE YOU CAN EXCEL?

    My first internship with Bose & Mitra & Co. was when I really thought maritime law was a line I could do well in. Dealing in a subject that was not taught in college and yet getting to grips with it easily was what kind of set the deal straight for me. My father had worked in shipping for at least the entire length of my life till then, so there were shipping terms and concepts that I had heard for years and was aware of which perhaps gave me an edge in dealing with matters. Apart from this, the international nature of the line appealed to me. You get to work with people all over the world on a daily basis and play a significant role in global trade. The relevance of what I did really strike me as I realized the impact the shipping industry has on one’s daily life. All this ultimately culminated in an interest to pursue a career in shipping.

     

    YOU HAVE INTERNED TWICE AT BOSE & MITRA & CO., THE FIRM THAT IS BEING CONSIDERED AS A TOP TIER LAW FIRM IN INDIA IN THE MARINE LAW SECTOR. HOW WILL YOU DESCRIBE THE EXPERIENCE OF THE SAME? HOW DID IT BENEFIT IN SHAPING YOUR CAREER?

    Bose & Mitra & Co. does top quality work in maritime law and I always maintain that it’s the best learning experience that one can get in that field in India. Pretty much every major shipping company, not only in India, but also in the world, are its clients. Right from the first day, you are thrown straight into quality work. They expect you to pick up fast and know your matters inside out. I was also fortunate to have some of the best seniors mentor me. The Managing Partner too will himself hear you out if you have a relevant point to make and spurs you on to be more involved in matters if you show interest. You’re expected to contribute and are encouraged to discuss and pick up as much as you can in the duration of your internship. As I said earlier, for me, it was the perfect fit – so working there opened doors to a host of different opportunities that may not have come up if I were pursuing something else.

     

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    HAVING INTERNED OVERSEAS UNDER RENOWNED LAWYERS IN TWO VERY PROMINENT ORGANIZATIONS, HOW WILL YOU DESCRIBE THE EXPERIENCE OF THE SAME?

    So, in shipping, you have to make your perspective international. There are no two ways about it. You could be acting for Singaporean clients who are shipping Arab crude from Houston to South Africa and they, in turn, might have a dispute with some party in the UK. An internship at Stephenson Harwood, London gave me a chance to work in an international setting and deal with shipping matters from all over the world. Stationed in London, I was at the hub of global maritime law. Most international shipping contracts are governed by English Law and to have gotten a first-hand experience in dealing with it, worked wonders in developing, further, the international perspective that I refer to. Similarly, I also had a chance to work with a barrister Mr. Brian Dye, who is associated with the Essex Court Chambers. With him, my focus was to get a first-hand experience in an international shipping arbitration. I had a chance to work on a cargo contamination dispute and attend the arbitration proceedings at the famous Baltic Exchange. Both these experiences gave me a chance to develop further a global mindset to approaching problems in shipping.

     

    HOW BENEFICIAL DO YOU THINK FOREIGN INTERNSHIPS ARE? WHAT ARE THE BENEFITS YOU BELIEVE YOU HAVE REAPED FROM THE TWO INTERNSHIPS THAT YOU UNDERTOOK IN ABROAD?

    This would really depend on what line one is pursuing. I cannot comment about other streams, but at least in maritime law an international experience (and I do not mean just an internship- one could be doing very relevant international shipping work sitting in Mumbai) would really expose one to a lot and help one understand better the relevance of shipping to everything. Apart from this, if one has a chance, why not? It’s always great to get a global exposure and get out of one’s shell, deal with people from multiple nationalities, get a completely different insight into another way of thinking. Both experiences gave me a fantastic awareness into the workings of foreign firms and chambers in the field of maritime law. As mentioned earlier, they were very useful in developing the international perspective that one has to have in this field.

     

    PLEASE SHARE WITH THE READERS ABOUT HOW YOU SUCCESSFULLY LANDED THOSE HIGH-PROFILE INTERNSHIPS.

    I just worked really hard during my internships. Raja Sir, the Managing Partner at Bose & Mitra & Co. and my mentor was privy to how I planned on making a career in shipping. He suggested that I get an exposure to the workings of a foreign law firm and the proceedings in an international arbitration. Through his enviable network, he was able to organise these stints for me. They were great experiences and I am grateful to him for them.

    A SUBJECT LIKE MARINE LAW IS NOT A PART OF LAW SCHOOL CURRICULUM. IN THAT CASE, HOW DID YOU LEARN THE SAME LAW KINDLY ADVICE THE READERS ABOUT HOW TO GET INTO THIS PARTICULAR FIELD OF LAW.

    Get involved with work. When I come to think of it, most of the law that I learnt was by applying the same to practical situations in internships. So, you really learn by doing. Agreed, not all schools have a maritime law curriculum, but I don’t think that makes a difference to the practical side of learning it. Also, as with any other stream of law, keep reading and updating yourself on developments in the field. It’ll be important to be in sync with not just Indian law but also with English law and sometimes Singapore Law. The only way to really get into this field would be to first try and secure an internship in the field and then see if one can fan that spark into a flame.

     

    MARINE LAW IN INDIA IS QUITE OLD, WHICH MEANS THE LAW IS NOT THAT EFFECTIVE TO DEAL WITH NEWER CHALLENGES. WHAT IS YOUR OPINION ON THE SAME?

    We are fortunate to have a learned judiciary that keeps the general best interest in mind. A lot of maritime law in India has also developed from precedents such as the MV Elisabeth case where the Supreme Court made international conventions applicable as common law. The decisions delivered by the courts have developed maritime law to global standards. In fact, it is my opinion, in shipping at least, that the judgments of Indian Courts are delivered as fast as, if not quicker than, foreign courts. Even now, there are steps being taken to make a comprehensive legislation that will take into account the situations of this day and age. Till then, the multiple inter connected legislations in maritime law will have to be referred to, by taking into account the specific facts and circumstances of the case.

     

    PLEASE SHARE WITH READERS YOUR EXPERIENCE AT BOSE & MITRA & CO. AND SCORPIO MARINE MANAGEMENT (I) PVT. LTD.?

    Both experiences were unique in their own way. As a Junior Associate at Bose & Mitra & Co. I had a chance to do a lot of shipping litigation work – both in courts and multiple arbitrations. I cannot stress enough the importance of working well in teams – especially in marine law. Litigation is unpredictable, but litigation in maritime law is even more so – an American client can give you instructions late night to move court in respect of a ship that will enter port early in the morning. Time is of essence and to be able to share the work effectively and coordinate with multiple parties will really lead to success. Bose & Mitra & Co exposed me to all this. Apart from this, we also worked on a lot of advisory work as well.

    Scorpio Marine Management (I) Pvt. Ltd. is essentially the Indian arm of the global Scorpio Group – a behemoth in the shipping industry. I worked there as a Shipping Claims Analyst in the Legal Shipping Claims team based in Mumbai. I was extremely fortunate to have excellent seniors and mentors there as well. The Scorpio experience allowed me to gain experience in dispute prevention rather than just dispute resolution. It threw me into a very enriching international experience. A regular day involved dealing and interacting with lawyers and people the world over and advising the company in various situations. It also was partly responsible for setting the tone to my aspiration of moving into the business side of things. It pushed me to get a commercial perspective while dealing with matters.

    All in all, when I look back, I can safely say that both were excellent experiences, helping me lay the foundations for my career.

     

    HOW DOES IT FEEL TO BE AN INDEPENDENT PRACTITIONER/ ADVISOR IN THE FIELD OF MARINE LAW?

    Trying out a short stint on my own before business school and getting a better understanding of the business side of shipping was important to me. I really wanted to get a first-hand experience in building something from scratch. It’s given me a chance to do a lot more than just legal work. In a way, it is shaping my business development skills, organisational understanding skills and generally understanding the commercial reasoning behind decisions. I am fortunate to have a few very senior people in the shipping industry who are mentoring me and giving me this exposure before I embark on a business education. Of course, I am no longer involved in high profile collision, piracy, oil-spill matters, but I am getting a chance to be my own boss and work on smaller advisory matters. And at the same time, I am getting an exposure into the management side of things in the shipping industry.

     

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    NOW THAT YOU HAVE DECIDED TO UNDERTAKE MBA, WHAT INSPIRED YOU FOR THE SAME?

    As I mentioned before, my interests and ambitions were gradually getting inclined towards management of businesses. I remember when I was in school, I really wanted to do something of my own. By deciding to do an MBA, in my own way, I am trying to give shape to this dream. My experience at Scorpio too was crucial in understanding that there is a lot more to business than only what lawyers dealt with. I wanted to get involved in all of it and to be able to do that, getting a formal business education was vital, at least for me. What the future holds only time will tell. Someone said it best when he said that if you have a plan for your life, what is guaranteed is that it won’t go as per that. So, I can really comment on the rest as and when things shape up.

     

    APART FROM THE SUCCESSFUL CAREER THAT YOU HAVE, YOU ARE A MUSIC ENTHUSIAST AND A SPORTSMAN. HOW DO YOU THINK THE EXTRA-CURRICULAR ACTIVITIES HAVE HELPED YOU IN MAKING WHAT YOU ARE TODAY WITH REFERENCE TO THE EXTRAORDINARY ACHIEVEMENTS YOU HAVE IN MUSIC AND SPORTS?

    Music enthusiast – true; sportsman – not so sure. I’m not as much of a sportsman as I am a person that likes playing a lot of sports. I’m not sure that would qualify as a “sportsman” so to speak. I think working well in teams is vital in life. I don’t have years of experience, but if there is one thing I’ve learnt in the course of my work it’s that you’ll get a lot more done better with a team than without one; and playing team sports only helps in developing a general ability to deal with various types of people. Maybe not consciously, but unconsciously just playing with ten other teammates trains the brain to think in cohesion with a common purpose. Unfortunately, my professional football stint came to an end after a major injury in the beginning of my fourth year. My inclination towards music has, fortunately, not met with the same fate. I’ve completed four grades of the violin curriculum from the Associated Board of the Royal Schools of Music, London. Presently, I play the guitar and am dabbling with the djembe. I think playing a stringed instrument really helps in developing an analytical mind. Trying to get the right note on the neck of your violin or the fretboard of your guitar sort of trains the brain to think a certain way, I guess.

     

    HOW IMPORTANT ROLE PUBLICATIONS AND COMMUNITY SERVICE PLAY ACCORDING TO YOU IN SHAPING ONE’S CAREER?

    I’ve never been an extraordinary over achiever, so for a question like this I’d just say be involved in anything that echoes well with who you are and the zone you come from. If you’re going to do community work with an intention to “build a profile”, then that’s pointless. If you feel strongly about something, get associated with a cause. I work with an organisation that deals with gender equality and women’s health, but I’m realistic about what I can and cannot do with them. I help them in ways in which I think I can be useful. I don’t do as much field work with them but I do the research and paperwork for them. Personally, I feel, this won’t perhaps scream out as a super achievement in community work. Nevertheless, I do it because I think it’s a way in which I can be more effective in dealing with a cause for which I feel strongly about. As to publications, again, they scream laurels on your CV, but if you can’t have a free flowing talk about it, then it seems you’ve done it just to see your name in print. If you’re really passionate about a subject, then research all you can on it and write as much as you can. It’ll only help.

     

    THERE IS AN INCREASINGLY TRENDING BELIEF AMONG THE YOUNG LAW GRADUATES OF TODAY THAT IN SPITE OF WHATEVER THEY MAY HAVE ACHIEVED IN THE ENTIRE DURATION OF THEIR RESPECTIVE LAW SCHOOL TENURES THEIR PROFESSIONAL WORTH IS ULTIMATELY DEEMED REDUNDANT IF THEY HAVE NOT IN THEIR POSSESSION AN LLM FROM AN IVY LEAGUE INSTITUTE. WHAT IS YOUR VIEW ON THAT?

    Maybe I’m not in sync with the current thought processes of students but this is a first. Education is always great. A wise man I look up to once told me education always pays you back with interest and it’s not just monetary. To beat yourself up, however, because you don’t have an Ivy League specialisation is a little extreme for me. Additionally, what really matters is the quality of the education that you want in the stream that you’re interested in. So, if its maritime law, you’ll usually hear of people going for their masters to University of Southampton in the UK or Tulane University in the US. Neither of the schools is an Ivy League institute. So, what it burns down to really is what one wants and whether a school can provide what that individual expects from an institute.

     

    WHAT FINAL PIECE OF ADVICE WOULD YOU LIKE TO PASS ON TO THE READERS?

    I’m hardly in a position to dish out advice, really; but for your law school student readers, I’ll just suggest this – follow your gut. Make the most of college and soak in all that your institute has to offer. Sound everyone out – seniors, mentors, guides, etc. Still, ultimately do what you have to. Once you do that, have the conviction to follow through, and when you trip, get up, brush it off and move forward. You only have yourself to blame if you don’t make it.

  • Prathamesh Joshi, faculty at Symbiosis Law School Pune on teaching law at college, completing CS and his opinion on co-curricular activites

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    Prathamesh Joshi, Assistant Professor at Symbiosis Law School, Pune has been teaching law for two years now. He is a professor of Contract Law and Code of Civil Procedure Code. He is loved among his students for his unorthodox way of teaching. He is also an alumnus of Symbiosis Law School, Pune having pursued his LL.M in Business and Corporate Law from the same college. He has also successfully completed his CS in 2016. Apart from teaching, he is very enthusiastic about games and sports, especially football.

    Hello Prathamesh, the Superlawyer Team wants to thank you for giving us the chance to interview you. How would you like to introduce yourself to our readers?

    I am Prathamesh Joshi. I have been teaching law in Symbiosis Law School, Pune. I specialise in Business and Corporate Law and teaching law is my passion. I have also cleared my Company Secretary course successfully in 2016.

     

    People throw a typical glance at those who study or practice law in today’s time as all lawyers are necessarily branded and stereotyped as self-serving in some way. Despite chances of facing such a situation, what are the factors that had motivated you to choose law over other profession?

    Since I am from a commerce background, I understood the necessity for corporate compliances. Through this sector I can serve the nation by contributing to the economy through my theoretical and practical knowledge in the corporate sector.

     

    How will you describe your law school experience?

    I had a very decent law school experience. My LLB days were fairly good as I did well in almost everything. My LLM days were very good as I studied in one of the premier law schools and was able to take part in many activities such as football, drama and so on. Coming to academics, I performed very well and I was able to strike a wonderful balance in every aspect.

     

    During the course of study, a student’s interest keeps on changing from time to time. I believe you have experienced the same as a student and see your own students experiencing the same. What is your take on it? How should one choose a particular field of law to pursue and make a career on it?

    Yes, students’ interests keep changing and are part and parcel of the legal education as students come across various subjects which they wouldn’t have ever before. My favourite subjects were Criminal Law and Constitutional Law but, as I stated earlier, I chose Corporate Law as it facilitated by vision to serve and contribute to the nation.

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    Having done LLM, how relevant do you find the same when it comes to a reality check? Do you think LLM has helped you in a positive way in making you who you are today? Kindly elaborate.

    LLM is very helpful as it dwells into the intricacies which are involved in a particular field of law. It has definitely helped me because the curriculum was designed in such a way that it gave me an opportunity to learn various aspects and gain maximum knowledge. The subject I studied was contemporary Business and Corporate Laws.

     

    In the current situation, people often go out to the foreign countries for pursuing masters in law. What according to you prompts people to take the foreign route for pursuing LLM?

    As far as going abroad is concerned, in my opinion, there is no large gulf between the education provided abroad and in India. Important specialisations such as Corporate, Criminal, Constitution, IPR and so on are provided in many universities across India with high quality. It is the experience which prompts majority of the students to go abroad.

     

    You are possibly the only professor who has completed CS but is still a professor of law. What’s your take on CS?

    Despite me completing my CS, I still identify as a law professor because of the belief within myself and my family as well as various third persons such as my students that I should continue to teach in law. CS as a profession opens a lot of doors and provides many opportunities such as teaching, working in private and public sector and so on. Most of all, the Course provides you with a lot of practical knowledge in addition to the theoretical knowledge.

     

    Many people consider CS to be an excellent value addition to their CV. Many people believe that CS is the key to a good corporate job. What do you think on this point? What should be the objective (aim) of the student if he/ she want to pursue CS?

    The reasoning of the people is legitimate. Earning money as a prime motive is legitimate and there is nothing wrong with it despite many criticisms of that notion. This should not be the only motive however. Finding ways to perform well and making efforts to strive for excellence shall ensure that success and money would follow. Interest in the subject and excellence should be the aim.

     

    Having been into teaching for some time now, how will you describe your experience of the same? Did you come to teaching after thorough planning or did it come coincidentally?

    The teaching profession was planned in advance because of my passion to serve.  My experience in teaching has been a very good one. I have received positive feedback on my rather orthodox way of teaching, which is linking up various themes and topics in order to make a strong point across to the students. Students’ being good listeners has also been a contributing factor.

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    Some people believe and opine that mooting, authoring research papers are a kind of skill development exercise and without these one will not have a good career (will not get a good job post graduation). What’s your take on this point?

    Of course, mooting and authoring research papers are important part of a law student’s life as they will help in minimising mistakes, but his should not be at the cost of academics. You should be able to strike a balance between both aspects because along with theoretical knowledge, logic and reasoning (can be mastered through mooting) is also necessary.

     

    What has been your happiest Day as a law student and law professor?

    Worst Day as a law student and law professor – none in specific, but I have faced a bad day where I was not able to deliver a proper lecture and couldn’t do enough justice.

     

    Despite being a professor in a law school, you still don’t miss even a single match of your favourite football team, Bayern Munich’s match. How do you maintain your work-life balance? What other hobbies do you have?

    The key for this is panning out well before hand and striking a balance among all the necessities. Teaching and being among students themselves act as a stress buster. Other than football, I am a big lover of music and I play the mouth organ too.

     

    Is there any parting piece of advice you would like to pass on to the readers, especially the students.

    I only have a simple piece of advice. Be diligent in everything you do, strike a balance and plan in advance all the things which you want to do and enjoy college to the fullest. Strive towards excellence and success will follow.

  • Dr.Atmaram Shelke on the experiences of being a professor of law and working with Ram Jethmalani

     

    Dr. Atmaram Shelke is a professor at Symbiosis Law School, Pune, a constituent of Symbiosis International University. He is a Ph. D. He is one of the most knowledgeable professors in Symbiosis Law School, Pune. In this interview he talks about

    • The experiences of being in teaching field and the subjects that he prefers to teach
    • The skills that students need to imbibe to be a good researcher
    • Teaching experience at Ostfalia University, Germany
    • Experiences of working with Ram Jethmalani in his research project of “Handbook on IPC”
    • Being a part of Nani A. Palkhivala’s book review project.

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    I am Dr. Atmaram Shelke, working at Symbiosis law school Pune, constituent of Symbiosis International University as a professor. I am also a recipient of two gold medals for standing first in LL.M. at Symbiosis International University (India).

     

    WAS TEACHING YOUR PASSION SINCE CHILDHOOD?

    Teaching has always been my passion. My father was also a teacher. In the second year of my LL.B. course, I used to take tuition for my classmates, juniors and even for a few seniors. So, teaching was always a passion and plan. Therefore immediately after my LL.B., I completed LL.M. and joined Symbiosis Law School, Pune.

     

    YOU COMPLETE TEN YEARS OF TEACHING (IN SYMBIOSIS) THIS YEAR, HOW HAS THE EXPERIENCE BEEN SO FAR? WHAT ACCORDING TO YOU IS UNIQUE ABOUT SYMBIOSIS AND ITS STUDENTS?

    It has been a wonderful experience. The students in Symbiosis are well informed about the current affairs and the latest developments in the field of law. So, the challenge that we as professors face is it that we have to cite current cases and go beyond the books. Also, in Symbiosis, there is a lot of emphasis on research and creation of knowledge.

     

    ANY SPECIAL OR MEMORABLE INCIDENTS IN YOUR TEACHING CAREER THAT YOU WOULD LIKE TO SHARE WITH US?

    Yes, there are many such incidents. Students thanking me for all the help I have given them through my teaching always gives a special unmatchable feeling. I think gratitude shown by students is the biggest award for any teacher.

     

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    ANY MAJOR CHALLENGES THAT YOU FACED IN YOUR ROLE AS A PROFFESSOR SO FAR?

    As I mentioned earlier, students show a lot more interest when current cases are being discussed and are used as examples to explain the concepts. So, we have to constantly update ourselves. I think that is one challenge which every law teacher faces.

     

    AT A PERSONAL LEVEL WHICH SUBJECT DO YOU PREFER TEACHING AND WHY?

    I prefer Constitutional Law, Administrative Law, Intellectual Property (IP) law and Information Technology (IT) Law. I prefer Constitutional Law because it is the base for other laws. Constitutional law and Administration Law both are logically developed subjects. There is lot of scope for analysis and criticism in both the subjects. IP & IT are evolving subjects. There are many challenges with regards to IP & IT. I have keen interest in IP and IT law subjects; therefore I even choose them for my Ph.D. research.

     

    WHAT SKILLS SHOULD ONE DEVELOP TO WRITE GOOD RESEARCH PAPERS AND ARTICLES?

    Writing skills and analytical skills are the pre-requisites for a good researcher. A good researcher should also have the quality to read and grasp important points, understand and comment (upon) apart from the ability to infer from the available data or material.

     

    YOU HAVE VISITED OSTFALIA UNIVERSITY IN BRUNSWICK, GERMANY AS A VISITING PROFESSOR UNDER THE DAAD “NEW PASSAGE TO INDIA” PROGRAMME IN 2014. KINDLY ELABORATE ON THE EXPERIENCE

    Ostfalia is a wonderful university. I had delivered lectures on Indian Legal System and challenges posed by Cyberspace. I had commented on problems posed by cyberspace in general and lacunae in Indian and German Laws. The presentations and discussion with professors there were well appreciated.

     

    AT THE OSTFALIA UNIVERSITY, DID YOU OBSERVE ANY DIFFERENCES BETWEEN THEIR CURICULLUM AND OURS?

    I think there is more emphasis on research and less spoon feeding. Students are given material at home; maximum lectures are written and copy of that is given to the students. The curriculum is basically research oriented.

    atmaram-shelke_3

     

    YOU WERE A PART OF NANI A PALKHIVALA BOOK REVIEW PROJECT, KINDLY ELABORATE ON THE WORK THAT YOU DID  THERE.

    This project was given by Nani A. Palkhivala Trust to SLS, Pune. I was one of the members of this project and I am proud to say that I have received Nani A. Palkhival Trust Gold Medal for standing first in LL.M. We have revised and updated the book written by Nani A. Palkhivala and submitted it to the Nani A. Palkhivala Trust.

     

    YOU WERE ALSO A PART OF SENIOR ADVOCATE RAM JETHMALANI’S RESEARCH PROJECT ON “HANDBOOK ON IPC.” WHAT HAVE YOU GOT TO SAY ABOUT IT?

    This project was related to a book to be written by Adv. Ram Jethmalani on famous criminal cases. I was privileged to work with Adv. Ram Jethmalani sir. He is a true intellectual. I have learnt many things while working with him. We often used to meet and discuss with him about the project’s progress.

     

    WHAT FINAL ADVICE WOULD YOU LIKE TO  GIVE TO ALL THE LAW STUDENTS WHO ARE READING THIS RIGHT NOW?

    A law student always needs to be curious. It is the duty of law students (including the professors) to ensure that the rule of law is maintained. Primarily, it is duty of professor to research and guide judiciary, executive and legislative authorities and bring everybody on track as, whenever there is any wrong action, first reaction is from academics. We (Law professionals) have to work as a pressure group for justice in a democratic system; we shouldn’t just criticise the agents of justice system but also guide them. Law students should be the torch bearer and show the right path to society, legislatures, judiciary and government.

  • V V S N Raju, Corporate Lawyer, on establishing Juris Prime Law Services

    V V S N Raju, Corporate Lawyer, on establishing Juris Prime Law Services

    V V S N Raju graduated from Osmania Universtity (1990-1993). He is a Corporate Lawyer and has over 22 years of Experience as in-house counsel and external counsel for Corporates and Financial Institutions/Banks.
    His specialties include Banking, Corporate, Documentation, Real Estate, Recovery, Litigation, Arbitration, Project Finance, Restructuring, Securitization, Mergers and Acquisitions, government liaison and Employment Laws.

     

    In this interview he talks to us about:

    • Inception and basic motive behind establishing Juris Prime Law Services (Law Firm).
    • Challenges faced in the initial days of establishment.
    • Services provided by the firm.
    • Uniqueness of services provided by the law firm.

     

    Please share with us the inception and basic motive behind establishing Juris Prime Law Services.

    During 2005 (re-launched in 2015), there were not much law firms in Hyderabad to cater the Banking, real estate and Corporate needs of local clients. So I felt it was a good time to establish a law firm which would provide best legal solutions with a practical approach to cater the needs of the clients in and around Hyderabad.

      

    What challenges did you face in the initial days of establishment and how did you overcome that?

    Main challenge that we faced during the initial years was getting right kind of clients and recruiting right kind of human resources. In fact, these are the challenges which are faced by all the companies at all time.

    I sort of tried a trial method and recruited fresher’s and trained them so that they can provide legal services according to the standard and quality promised by our firm to our clients.

     

    What are the services provided by the firm and how it caters the need of clients in Hyderabad and elsewhere?

    Juris Prime Law Services is a full service law firm. We provide legal services in following fields:

    • Arbitration & Dispute Resolution
    • Banking & Finance
    • Company Incorporation
    • Corporate & Commercial Law
    • Employment & Labour Law
    • Foreign Investment
    • Intellectual Property Rights
    • Mergers & Acquisition
    • Litigation
    • Private Equity & Venture Capital
    • Project & Corporate Finance
    • Real Estate
    • Technology, Media & Telecom

    Being a full service law firm, we are capable of providing solution to all kinds of legal complexities faced by the clients under one umbrella. We structurize client’s transaction and provide practical solutions in a legal way.

     

    Please share with us the uniqueness of services provided by your law firm.

    We give problem oriented solutions. We believe in specialized rather than generalized solution which makes us different from our competitors.

     

    What milestones have you achieved till now?

    Our growth rate has been good and satisfactory. Since our inceptions there is no time for looking back as day by day we are progressing. Over the years we have been associated and empanelled with lot of Banks and large Corporates.

     

    Where do you see the firm in the long run?

    There is no road map as such because I believe in working hard which is a key to success. In coming 2 years we are hoping to see our revenue increasing by manifolds with a significant increase in no. of client and we from a firm of 11 headcount hope to become a team of 20 by March 2017.

     

     

     

  • Ritesh Maity, Litigation lawyer, on practising in the field of Labour and Industrial Law

    Ritesh Maity, Litigation lawyer, on practising in the field of Labour and Industrial Law

    Ritesh Maity graduated from University of Calcutta (2002-2007). He is practicing as a labour law advocate in Kolkata jurisdiction. He is specialized in dealing with various labour matters/ industrial disputes before the Learned Labour Courts, Industrial Tribunals, Employees’ Compensation Courts, Employees’ Insurance Court, and Payment of Wages Court etc. He has also represented clients before various controlling authorities dealing with payment of gratuity, wages and conciliation procedures.

     

    In this interview he talks to us about:

    • His life at University of Calcutta.
    • The co-curricular activities he participated in.
    • Why he focused primarily on industrial disputes along with consumer forum matter.
    • Advise for law students who start to prepare for their career while in Law College.

     

    What would be a brief introduction of yourself? 

    I am 33 years old, born and brought up in Kolkata. Apart from being a lawyer, a son and a husband, I love being a traveller, trekker, music lover and a hardcore movie watcher.

     

    Was it a childhood dream to take up law? What motivated you to pick this field? 

    I only thought of joining law school after my 10th. A cousin heavily influenced me to join law and guided me but surprising he never pursued career in law in spite of studying law.

     

    How was your life at University of Calcutta? Did you find that your law school education prepared you for your current life? 

    Life at the university was as usual. The initial interest (in the first year) was huge but I was dying to complete the course in the final year (fifth year). It is too boring to study law for five years with the same classmates. Calcutta University does not provide you much in terms of practical experience. If you want to become a litigating lawyer, you have to start from zero once you join the court. Frankly speaking, the university from where you have studied law does not matter in practical sense unless you want to bag a lucrative corporate job.

     

    What were the activities you were a part of at your college? 

    I participated in few moot courts, practical training in the court (but this was useless as you cannot understand or learn by visiting court for just a week) and participated in few legal awareness camps around rural Bengal.

     

    What made you get into the legal practice? 

    After completion of law, I did not want to join any firm or company. I wanted freedom and thus started practicing (although under a very able senior counsel) and I could not stop myself from continuing it.

     

    What made you focus primarily on industrial disputes along with consumer forum matter? 

    I was always interested in Human Resource and Industrial relations and somehow I got the opportunity to practice in this field of labour law and industrial law and the things just clicked. With due respect practising at consumer forum is slightly easier I believe. Once a client of mine whom I was assisting in the industrial disputes matter asked me to help him in a consumer related matter. I agreed to help and since then it is a history.

     

    What falls within your scope of responsibility? 

    Since I am a litigating lawyer, I have to handle the client as well as handle the Learned Judge. Entire responsibility is on me; how to convince and satisfy a client; how to draft, appear, plead, argue before the Judge; A to Z is done by me but yes there are clerks to help too.

     

    How competitive would you say the legal profession was when you entered it has it changed since then? 

    Legal profession is vast. You cannot really compare a corporate lawyer with a litigating lawyer or someone who does only registration of sale deeds or to a solicitor. Whether you are practising independently or drawing huge salary from a corporate house or engaged with a reputed law firm, every situation has its pros and cons. You have to decide what you want out of your profession (as well as your life). Competition in the field of law is huge, but fortunately there is lack of efficient competitors.

     

    How do you balance your professional life with your personal life given the heavily demanding working hours of the profession you have chosen? 

    Since I do not have any fixed working schedule, I may remain free or less busy during weekdays but I can be overburdened during weekends when family members expect me. This is a very tricky situation and you have to handle very carefully and smartly. Since I work from home office, at least I am able to remain in the house with my family members in spite of being busy.

     

    How would you advice a law student if one has to start on to preparing for a career while in college? 

    First decide why you want to study law. If you want to join a corporate job or want to earn high end salary then you have to join top law schools in India. If you want to be a litigating lawyer then remember that you have to work really hard for initial 10-15 years in order to be somewhere at least.

     

    Please share with us your journey so far. 

    So far so good both my learning as well as earning is in the upward curve. And being a litigating lawyer, I can make plans for travel and treks easily as I approve leave to myself.

     

    What would be your parting message to our readers?

    Be in this profession (or any profession) only if you love it.

  • Smita Reddy, Legal Consultant, Lexstart, on assisting other start-ups from their incorporation to being their in-house counsel

    Smita Reddy, Legal Consultant, Lexstart, on assisting other start-ups from their incorporation to being their in-house counsel

    Smita Reddy graduated from Gujarat National Law University in 2011. At present she is working at LexStart. LexStart is a start-up which primarily caters to other start-ups assisting right from their incorporation to being their in-house counsel.

     

    In this interview she talks to us about:

    • Importance of CGPA.
    • How her appointment at LexStart took place.
    • Difference in working at LexStart from Amarchand & Mangaldas.
    • Strategy to deal with errors and mistakes.

     

    How would you like to introduce yourself to our readers?

    My name is Smita Reddy. I graduated from Gujarat National Law University in 2011 and I am currently working at LexStart. LexStart is a start-up which primarily caters to other start-ups assisting right from their incorporation to being their in-house counsel!

     

    How important is a CGPA for recruiters to assess students?

    CGPA being extremely important for campus placements is a given. It helps recruiters understand that you are willing to give it your all, which is always a good thing. Since they don’t really have your work experience to grill you on, your CGPA is reflective of your attitude towards work.

    Having said that, I know of some brilliant lawyers who weren’t great students to begin with. So yes, while having a good CGPA is crucial, it is also imperative that you intern before you start working. I cannot begin to stress enough on how important internships are in shaping you as a lawyer. I see so many law students wasting their internships and so many wasted opportunities. What law students need to understand is that these internships also help you in networking, plus if you’ve done a good job, you’re sure to be called back or given a pre-placement offer.

     

    Did you face difficulties in the beginning of your work at Amarchand & Mangaldas?

    Yes and no, because the difficulties I faced were more to do with not knowing how to go about things. I was a little lost, but since I joined with 15 other people from my law school, the process may have been a lot smoother for me than it was for other people. It was quite overwhelming in that sense, but once I got the hang of things, knew what was required of me, it became easier.

    It also helps if you know and understand that no one expects you to know everything at this stage. This is exactly what I tell fresher’s. You only need to start worrying if you’re still lost at 3 years of working!

     

    When did the transformation from a law student to a lawyer take place?

    I think the transformation takes place from the moment you have to take charge of something. I remember the first major assignment (where I was solely responsible for things) I was given at AMSS was helping in filing Form FC TRS. Though it would have been simpler for my senior to do it, she assigned it to me because she thought it would help me understand how things work better. And it did!

    The moment you are responsible for something, you somehow take greater care, than you would if you had a senior reviewing your work. I was blessed that way, because I was always part of teams which weren’t too big to begin with, so good assignments would end up coming to the juniors in the team.   

    Do you believe that drafting legal documents is an essential skill that most law schools in India omit to teach their students?

    Yes! While, to be fair, we did have a legal drafting course in GNLU, a couple of months of a course do not help you in drafting legal documents. What is surprising is that drafting constitutes around 60% of your work as a lawyer, irrespective of the field you are in. It is a skill set which I believe is extremely important to have as a lawyer. Plus, if you have a course on drafting in law school, you are not just suddenly thrown into drafting a share purchase agreement, without knowing the basics.

    I have had interns who didn’t know how to do basic drafting, which is quite alarming,  which is why I think the current curriculum needs to undergo changes, maybe limit learning the theoretical aspect of law to the first couple of years, and focus more on developing you practically as a lawyer.

     

    How did your appointment at “LexStart” take place?

    It actually happened very quickly and at the right time, I must add. I live in Tirupati, I love the place but it isn’t exactly bustling with corporate lawyers. I had reached a point of my sabbatical where it was no longer fun to be doing nothing; I was getting antsy and had to start doing something.

    My first round of interview was with Anisha Patnaik, one of my co-founders. It happened thanks to this friend of mine who had reached out to me informing me that his senior wanted a legal consultant, and that it would even be okay if I wanted to work from home. That literally sealed the deal for me, because I wasn’t keen on moving out of Tirupati. Imagine you can reach from Point A to Point B in ten minutes!

    Anyway, I am digressing, once I heard that I could work from home, I immediately asked him to send me all the necessary details. The next day Anisha reached out to me and I just wasn’t prepared even though I had gone over my CV a million times before that. After my interview with Anisha, I spoke to my other co-founder, Karthik Chandrasekar. Post this I started working in a days’ time!

     

    How was the job interview? Do you remember any of the questions asked to you?

    It went rather well, given that I had absolutely lost touch with law in that one year of sabbatical! Also, my founders who took my interview made me feel at ease, being fully aware that I hadn’t worked in a while and may need some time to get back to the grind. They also encouraged me to ask them questions, which I thought was a pleasant change from the usual interviews that one is used to.

    I was asked questions around VC investments primarily; I was able to answer most questions, except for one. I remember it distinctly because the moment I answered the question, I knew I was wrong, the question was on liquidation preference and what does it mean for an investor.

     

    How is working at LexStart any different from working at Amarchand &  Mangaldas?

    I will always maintain I loved working at AMSS, Mumbai and Delhi and will always attribute my growth as a corporate lawyer to it.

    LexStart has been a different experience from AMSS, since you act as legal counsels to companies that are growing with you. What starts with helping in the incorporation of a new company also leads to acting as their lawyers in their Series D round of funding. What this has also done is given me a fair sense of what founders in start-ups expect their lawyers to do. Since I was one of the first few people to be recruited at LexStart, I had my hands full with transactions which I was to lead, which was wonderful, since this immediately gives you a sense of work ownership. Plus, there is so much happening in the start-up space, that there is never a dull moment at work!

     

    What has been your strategy to deal with errors and mistakes? How would you suggest a young associate to deal with them?

    In the past, whenever I have made a mistake, I have made it a point to inform my senior. What this ends up doing if helping you learn how to handle mistakes.

    My only advise to young associates would be to always reach out to your immediate supervisor or a senior on the particular transaction and let them know. DO NOT try and hide it and hope no one would notice, because someone will, or even fix it yourself. They will do the necessary damage control. Most importantly, learn from your mistakes, check things twice or even three times before sending them out.

    Having said that, please remember you are human, and you are bound to make mistakes now and then. Move on, don’t be too hard on yourself, because that will just make things worse.

     

    What is your message to young law students?

    Relax and breathe!

    There is a lot of worrying about targets and deadlines coming your way once you graduate law school, but please do take internships seriously. Try gaining experience across all fields, whether it is litigation, NGO or corporate internships. It is good to know what you want from your first year in law school, but overtime you evolve as a person, and may not enjoy the fat-cheque-paying-corporate job you once dreamed of getting. Know that these varied experiences help you understand what you would actually enjoy doing and make an informed decision when its time.

  • Ramakant Gaur, Partner, Ace Jurix, on work experience in litigation at Ace Jurix

    Ramakant Gaur graduated from Chaudhary Charan Singh College, Meerut in 1995. He is a game changer, defense lawyer for the complex litigations of Economic-Corporate-real estate disputes involving the criminal laws. He examines the matters closely like an investigator; ponders the prosecution’s point of view and then envisions the strategy for the defence, with his substantial experience.

    He has excelled in prosecution cases instituted by the Indian Dept. of Customs & Central Excise, Directorate of Revenue Intelligence (DRI), Directorate General of Central Excise Intelligence (DGCEI), Central Economic Intelligence Bureau, Enforcement Directorate, Economic Offense Wing and Crime Branch of Multi State Jurisdictions, Income Tax dept. etc. He has efficaciously pleaded as defence attorney, in the cases involving prevention of money laundering laws, Corruption laws & anti-drugs laws.

     

    In this interview he talks to us about:

    • The ways in which money laundering takes place.
    • Laws before and after Prevention of Money Laundering Act, 2002.
    • Lessons to be learn from various financial scams in India and abroad.
    • Role of national and international agencies to curb issue of money laundering.
    • Preventive measures taken to curb the flow of black money.

     

    What are the ways in which money laundering takes place? 

    Money laundering is a way to filter and convert ill-gotten money and conceal its illegitimate source so that it appears that the original source is a legitimate one. It is prevalent in many forms world-wide such as Hawala transactions, shell companies, terror financing, smurfing, etc. The scamsters or the money launderers generally follow these three steps, firstly, Placement of the proceeds of crime into the financial system, followed by Layering or doing away with the original source of illicit funds, and then Integrating the same into the financial system.

     

    What are the laws before and after Prevention of Money Laundering Act, 2002? What major amendments took place?

    Until 2002, several authorities under IT Act, Benami transactions Act, etc. adjudicated over the issue of money laundering, but with the alarming rate of transnational criminal financial activities, a need for holistic legislation gave way for the enactment of PMLA 2002. It has the provisions for the confiscation of tainted properties and was amended thrice, first in 2005, then in 2009 and then 2012. The PMLA (Amendment) Act, 2012 has enlarged the definition of money laundering by including activities such as concealment, acquisition, possession and use of proceeds of crime as criminal activities. Some other features are as follows: The amendment has introduced the concept of Corresponding law to link the provisions of Indian law with the laws of foreign countries and to provide for transfer of the proceeds of foreign predicate offence committed in any manner in India. It also adds the concept of ‘reporting entity’ which would include a banking company, financial institution, intermediary or a person carrying on a designated business or profession. The Prevention of Money Laundering Act, 2002 levied a fine up to Rs 5 lakh. The amendment act has removed this upper limit. The act has provided for provisional attachment and confiscation of property of any person (for a period not exceeding 180 days). This power may be exercised by the authority if it has reason to believe that the offence of money laundering has taken place. Part B of the Schedule in the erstwhile Act included only those crimes that are above Rs 30 lakh or more whereas Part A did not specify any monetary limit of the offence. The amended act has brought all the offences under Part A of the Schedule to ensure that the monetary thresholds do not apply to the offence of money laundering.

     

    What are the objectives of Prevention of Money Laundering Act, 2002? 

    The Act was introduced in order to combat and deal with the menace of Money Laundering and incidental activities in the nation in lines with India’s international obligation under the UN General Assembly’s resolution adopted in its Political Declaration and Global Program against Action. The Act majorly provides for the confiscation of the property obtained out of the proceeds of crime. It also imposes various obligations on banks, financial institutions and intermediaries to maintain records of all cash transactions. As the basic principles of evidence say that the burden to proof is on the part of the prosecution to prove the, this is the only statute where the onus lies on respondent to prove the legit source of income.

     

    Please share with us the success story of PMLA so far in the light of judicial pronouncements. Highlight some scandals and case studies.

    The PMLA has played undoubtedly played a deterrent role when it comes to combat/curb the menace of money laundering. The Enforcement Directorate, with the vigilant efforts made by FIU, CBDT, CBI, RBI and SEBI has confiscated crores of movable and immovable properties in the span of few years which were allegedly obtained from the proceeds of crime. It has spared absolutely nobody. From two tier-city businessmen to  top-notch names have find a mention in the hit-list of ED such as Vijay Mallya, Chagan Bhujbal, Subhrata Roy to name a few. As per the statute, ED has also attached properties situated abroad. The latest highlights being Augusta Westland case, Kingfisher fiasco, NSEL case, Kartik Chidambram and many more. ED has been absolutely ruthless in cracking down these alleged people.

     

    What are the lessons to be learnt from various financial scams in India and abroad? 

    To name any financial debacle in particular, would be an understatement. India has seen the infamous Hawala transactions, Satyam scam, chit fund scams, Ketan Parikh and Harshad Mehta, to name a few. They admonish towards the fact that banks and financial institutions have to be brought under the radar of regulatory and enforcement agencies. The cash transactions also have to be dragged under certain threshold limits.

    The success of RICO Act of USA, originally used to prosecute US Mafias US involved in organised crimes during 1980s, led to number of trials and convictions. It has a strong harmonious network with various enforcement agencies. On similar lines, creation of SIT on black money as a watchdog has taken a leap in investigation of black money in and out of India. As per the latest report of SIT, the data provided by the enforcement authorities shows that there are gaps in monitoring trade flows which are used by unscrupulous elements to take out precious capitals outside the country and thus damaging the fabric of the Indian economy and in order to deal with the same, the SIT has asked RBI to establish an institutional mechanism to track illicit financial flows and share data with other law enforcement agencies such as ED,DRI and CBDT and from the said data base various agencies can gather the relevant information for taking early appropriate action. This is so since the data available with one agency can be relevant to action expected to be taken by other law enforcement agency.

     

    What is the role of national and international agencies to curb issue of money laundering?

    Various special courts have been set up by the virtue of this Act for the purpose of trial of scheduled offences. The Enforcement Directorate has been responsible for the investigation and Prosecution of cases under PML. The Financial Intelligence Unit India (FIU-IND) is the nodal agency for the dissemination and analysis if the information pertaining to the suspicious financial activities. Apart from these, RBI, SEBI, CBDT, Police have been active at different levels to look into flow of Black money.

    At the international level, with the initiatives of UN Financial Action Task Force (FATF) was formed in 1989 to set standards and formulate policies to combat money laundering. It is today one of the most efficient organization working towards this directions, especially on Combating the Financing of Terrorism (CFT).  UN and many .other nations have enacted stricter laws on money laundering as well.

     

    What preventive measures are taken to curb the flow of black money? 

    Government enacting Black Money Act 2015 has been seen showing light at the end of the tunnel from where undisclosed foreign income enters into Indian system as it has stricter penalties for offences since it was the need of the hour. Also India has signed many Double Tax Avoidance Agreements, SIT has been setup to investigate this issue, and Income Declaration Scheme 2016 have been introduced, strict KYC norms to be followed by banks, Tax Information Exchange (TIE) Agreements are proposed and many other precautionary measures have been taken.

    SIT has been proposing several recommendations in this regard such as a ban on cash transactions above Rs. 3 lakhs and restricting cash holdings with individuals upto Rs. 15 Lakhs; then it has suggested to establish KYC registry; prior detection of the shell companies with the help of intelligence gathering and entrusting Serious Fraud Investigation Office (SFIO) to regularly mine the MCA 21 database for certain red flag indicators; to check upon the misuse of Participatory notes through KYC norms so as to detect the beneficial owner with the help of PAN card number. It has also suggested that all the cases pertaining to trade-based money laundering should be shared with ED by DRI so as to initiate investigation under PMLA. Therefore, our law-makers have set up the panacea to the problem of black money but its effective enforcement will be testified over the time.

     

    What are the loopholes in the current legal regime in India? 

    So far as prevention of money laundering is concerned it has been fairly able to do justice, but still it has certain grey areas. Real estate sector, jewellery and bullion, and NGOs are the most vulnerable sectors for occurrence of illicit financial transactions. Inadequate scrutiny structure for cash transactions, inefficient system to preserve confidential financial system and liberal attitude towards the non taxpayers are a few areas where our legal system is lagging behind.

    As, a defence lawyer of prevention of money laundering cases, it has been observed that the process of attaching properties of the accused by ED has ,mostly been done even before filing of any criminal complaint or a chargesheet been filed and thus infructuous. There is a lot that has to be done by all the vigilance authorities other than targeting big names and getting affected by media trials. The present situation demands major amendments in the grounds/process of attaching the properties under PMLA as till date this process has turned out to be absurd.

     

    What were the challenges you faced in shaping up your career as it stands today?

    There is no competition or challenge in the space whereas there are challenges, struggle and obstacles on the road. I preferred to create a space and develop a niche, reign of the economic loss. I had beaten the competition or challenge through strategy executed with the support of a flamboyant team.

     

    What would be your parting message to our readers?

    There is no shortcut to the success except hard-work. Before entering into the professional reign, study the market. No client looks for the ordinary lawyer. Start your career as a champion and excel.