CLAT JUNCTION:- Pre-school to Law School.

Interview with Amey Pandey, Co-Founder of CLAT Junction.

Q) How did the idea initially come up? When was it (year)? How many people were initially involved?

Ans : The idea came up in 2011 around the month of October while I was preparing for my CLAT examinations. It was only after I got exhausted visiting a number of different sites and still not getting the required study material in an organized manner. That was the evening when along with my two friends (Takshendra Sharma and Bansi Bishnoi) decided to have our own online portal which would be much more organized and user friendly. I wanted it to be an easily accessible Portal for the tech-savvy generation that we belong to. On 11th of November 2011, CLAT junction was launched and it entered the virtual world of Learning.

Q) Were people around initially convinced about the idea?

Ans. Frankly, I didn’t share the idea of CLAT junction with anyone else than my two friends who are also the co-founders of CLAT junction. So, I didn’t really had to convince many people but yes, convincing them was not that difficult as they were also preparing for CLAT with me and  hence, crippling with the same problems as me. There was only one question that was going through our minds was “How are we going to do this?” Having your own website might sound big and exciting but there’s actually a lot of responsibility that comes along. People are going to visit your website and there are a number of students who are going to follow it, the onus is on you to provide appropriate and up to the mark contents for them.

Q) How was the name CLAT Junction selected?

Ans. I wanted name to be such that would strike the CLAt aspirants so that they can remember and connect easily. After rejecting a number of names I along with the two co-founders decided to call it CLAT “JUNCTION”. Junction means the place where two or more things came together and I wanted CLAT junction to be one such platform for the students. So, that’s how the name got selected.

Q) How was the initial capital raised? What were the other financial difficulties?

Ans.  Initially, I got an aid from my father and I owe him my heartiest gratitude for being there for me. Having he not helped me at that time; I could not have made it. Once it was established I tried to keep it pocket friendly both for me and for its users. Therefore, there’s no Capital investment involved in it nor we want to generate Profit out of it. The sole purpose of CLAT junction is helping CLAT aspirants as far as possible.

Q) What were the primary problems faced while starting?

Ans. There were innumerous problems that I had to face initially right from designing a website to its advertisements. Being a student, i had no idea of designing a website which took a lot of time and patience. I also had a bit of doubt as to why people are going to follow this website in front of the well-designed websites run by professionals that already existed in the market. That moment I had just one hope that “My work will speak for itself” not the advertisements as I had no Capital to invest for advertisement of the website. I also lack marketing skills which is a very important tool for a website to reach a wider audience.

Q) How were outsiders approached?

Ans. Due to lack of advertisement skills and means to do the same, I faced hindrances for reaching the desired number of people initially. As far as approaching outsiders is concerned, social media played an significant role. Being a part of this tech-savvy generation and CLAT junction being a virtual classroom for the aspirants I decided to use Facebook and other social networking sites as an instrument where I could advertise and target maximum people for free.

Q) Current Problems?

Ans. I want the enthusiasm of learning to be kept alive in every Law aspirant and that they should get optimum benefit out of CLAT junction at a nominal price. Although I have succeeded in my mission to a large extent but it has not been accomplished yet. I want to reach to a much wider population of those aspiring for Legal profession in India. There are no such difficulties that I am currently facing but yes; CLAT junction has to go a long way.

Q) Any tips for future law students?

Ans. “There’s nothing that you should fear when you have your knowledge with you.”

Q) Which direction do you see yourself heading now?

Ans. I feel proud today when i see back to how it all started. The response that I have got over the couple of years is a warming experience for me. The faith that people have showed in CLAT junction is unbelievable and I really want to maintain it in future. It has grown bigger over the years and I expect a lot more now.  I want CLAT junction to turn into a bigger family. But With every step of success comes much more responsibilities which I shall strive to discharge honestly.

Q) Any tips for future start-ups?

Ans. “When you work honestly with honest intentions and approach, there’s nothing that can hinder your success.”

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Controverting A Search Warrant to Suppress Evidence (PC 1538.5)

A Defendant Has the Right to Move to Quash a Warrant
A defendant may move for the return of property or to suppress as evidence any tangible or intangible thing obtained as a result of a search or seizure on the ground that the search or seizure with a warrant was unreasonable because the property or evidence obtained is not that described in the warrant; Pen C §1538.5(a)(1)].
The Fourth Amendment of the U.S. Constitution provides:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched ,and the persons or things to be seized.
The Exclusionary Rule Applies to Evidence Obtained During an Unreasonable Search or Seizure
Courts ordinarily suppress evidence obtained during an unreasonable search or seizure and offered against the accused. See Mapp v. Ohio, 367 U.S. 643 (1961). The exclusionary rule applies equally to both the investigatory and accusatory stages of a criminal prosecution.
"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches may not be violated; and a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized." (Cal. Const., art. I, §13, italics added; see also Pen. Code, §§1525, 1529.) The italicized portions plainly indicate that the particularity clause is, in realty, two clauses. The first is directed to the place or places to be searched. The second is directed to the persons and/or things to be seized. People v. Smith (1994) 21 Cal.App.4th 942, 948 "... nothing is left to the discretion of the officer executing the warrant" (Marron v. United States (1927) 275 U.S. 192, 196 [72 L.Ed. 231, 237, 48 S.Ct. 74]).

Victoria D'Cotledge Legal Research & Writing was launched to lighten the load of attorneys/firms/law departments tasked with drafting persuasive legal papers. Ms. D’Cotledge is a certified Paralegal with extensive experience researching and writing motions, briefs, points and authorities, writs, case summaries, and legal articles. Her writing has captured the favorable attention of judges and attorneys whose compliments acknowledge her legal acumen, common sense, and succinct writing style. References and writing samples are available.

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Vakilsearch- Legal Is Now Simple.!

Hrishikesh Datar, an Alumni of NLSIU Bangalore and the Co-Founder of Vakilsearch, the fastest growing legal service portal, spares some of his precious time to talk about how a vision and a strong core group helped him make what would soon be India's best legal service portal.







Q) How did you come up with the idea of something like Vakilsearch?

Hrishikesh- I was in IIM Bangalore, making a presentation, when the seed of the idea struck me. The idea is a work in progress, so in many ways it is still evolving.

Q) Were people initially supportive of your idea?

Hrishikesh- There are always people who are not convinced to begin with, and even lose hope mid-way. I have been lucky in finding a strong core of people who stuck by me and believed in our vision, more or less throughout.

Q) How did you approach people with this idea initially?

Hrishikesh – my first colleague met me through an online entrepreneur’s forum. We then approached friends and business associates to bring more people into the team.

Q) What were the initially setbacks?

Hrishikesh- There was a lot of problems in the beginning, for a year and a half. We began growing in the first half of last year, with the launch of new products.

Q) What would you say was the turning point for Vakilsearch?

Hrishikesh- It would be sometime around February or March, 2012. We started quite a few new services. From there onwards it’s been incredible.

Q) Not all start ups take flight. There is always a risk. A lot of them give up. What would you say was the difference maker for you?

Hrishikesh- I had very good co-founders. A good co-founder is willing to let you take initiatives. You need to stick to it and believe in yourself. Many start-ups fail because they give up hope.

Q) How was the initially investment raised?

We followed the lean startup model from day one, and there has not been any institutional investment in the company.

Q) How many people are involved directly or indirectly with Vakilsearch currently?

We directly employ 25 people and have almost 40 lawyers indirectly affiliated to us.

Q) What about the future plans?

Currently the only future plan we have is for growth. We want to be Asia’s largest online legal service, and hopefully the largest in the world eventually.

Q) Any tips of budding entrepreneurs?

Hrishikesh- I think the best advice would be to not have a Plan B. If you have a backup plan you may not give your hundred percent to your Plan A. You have to cut off your Plan B and put your entire attention on Plan A.

Q) What was your proudest moment with Vakilsearch till date?

Hrishikesh- I think the proudest moment is yet to come. But it does feel good going to the office and seeing the team at work.

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Mandatory CSR-“A Cloak for crooks or a blessing in disguise”??

  In 1929, the Dean of Harvard Business School, Wallace B. Donham, commented within an address delivered at North-western University,

“Business started long centuries before the dawn of history, but business as we now know it is new - new in its broadening scope, new in its social significance. Business has not learned how to handle these changes, nor does it recognise the magnitude of its responsibilities for the future of civilization”

    It is now an accepted fact that the symbiotic relationship between a business and the society cannot be ignored. The whole purpose of the legislature is to create a regulatory framework which guarantees due freedom of business to companies along with being continuously socially responsible. This indeed would lead to the development of the ideal paradigm for sustainable business practices. The activity of carrying on business in the era of 21st century is not all about making big time profits and minting money in millions and trillions The very concept of CSR or “Corporate Social Responsibility” lies in the understanding and realisation of the basic law of nature which says that “We do not inherit the Earth from our Ancestors; we borrow it from our Children”.  The concept of “corporate social responsibility” was coined in 1953 with the publication of Bowen's 'Social Responsibility of Businessmen'. Since then, it has been a highly hyped and debatable issue.

The concept of “mandatory spending” by the companies has been incorporated for the first time in the books of law in India and thus the new companies bill marks an innovation in the history of the concept of corporate social responsibility.

Features of CSR as incorporated in the new companies Bill

1)     Now by virtue of Clause 135 of the Companies Bill  (Bill No. 121-C of 2011), every company having net worth of Rs.500 crore or more, or turnover of Rs.1000 crore or more or a net profit of Rs.5 crore or more during any financial year is required to constitute a Corporate Social Responsibility Committee

2)     CSR Committee would consist of  3 or more directors with at least one Independent Director. The committee would formulate and recommend the CSR policy to the company as per the requirements of Schedule VII of the Act. The Committee is also entrusted to monitor the Company’s CSR activity during its tenure. It is also to recommend the amount of expenditure to be incurred on the activities referred to in Schedule VII

3)     Companies should spend, in every financial year, at least two per cent of the average net profits made during the three immediately preceding financial years, in pursuance of its Corporate Social Responsibility Policy

4)     Private and public companies are to be treated alike for the purpose of Section 135.

5)     If the company fails to spend such amount the Board shall give in its report the reasons for the same. Clause 134 makes it a binding obligation on the Board.

The incorporation of the activity of CSR even in the legal and regulatory framework of the country indeed has been regarded by the majority as a noticeable positive change. Such incorporation has been justified by saying that it has been more than sixty years of independence but India is still recovering from the plight of being poverty ridden in majority; and therefore, if one is not able to sufficiently aid its poor through tax-driven social welfare programs, then the onus necessarily falls on companies and private wealth.

The questions that still lay unanswered or which need to be addressed to- “Treading the tightrope”

1)     What exactly would constitute or comprise CSR activity has nowhere been discussed

2)     There is no clarity regarding the taxation angle. India Inc has demanded a tax set-off for the mandatory amount they will have to spend on corporate social responsibility (CSR) programmes. The issue of tax benefits on the amount spent on CSR have been raised by the corporate in recent times.

3)     It has also been argued that compulsory corporate responsibility would be counterproductive as Companies may resort to camouflaging activities to meet such regulations particularly during recessionary periods.

4)     The fixed rule of spending 2% of the profits on CSR activities has been criticized on the ground that the profits keep fluctuating that it would be absurd if a company spends more if it earns more profits and nothing when down in the dumps.

There is nothing denying the fact that this mandatory CSR concept acknowledges the essential necessity of facilitating development and avoiding inflammatory wealth disparities. We should be ready to take the mandatory CSR proposal as a welcome change. It is one of the few corporate law proposals in the Companies Bill that represents an innovative solution to India’s current economic needs, rather than a legal transplant from a dissimilar economic context. It basic flaw regarding the absence of definition or description of the activities which could be categorised as CSR activities must be catered to as soon as possible.  Also, there are many countries that provide tax incentives for the CSR activities. So there is a need to discuss the issue of tax benefits on CSR activity spending in detail. The whole essence of managerial implications of this concept lies in preserving the autonomy of the company, bridging the mental and social gap between the public at large and the Company. Thus, the need of the hour is to work on its strict implementation. Just like certain other laws, it should not also remain a law residing in our books, rather should stand out as the one residing in every corporation’s practice and spirits

About The Author:-  

Akshay Pathak is an avid traveller, a passionate writer and a third year                                            student of Amity Law School Delhi (GGSIPU)

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