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As per Section 11 of Civil Procedure Code, states that “When a final judgment has been served to a lawsuit by the competent court after adjudication, the same issue cannot be re-litigated in any subsequent suit by any of the two parties.”[1] MEANING, PROVISIONS, PRINCIPLES AND CASES Understanding the meaning of Res Judicata Res Judicata, a fundamental principle in civil procedure, states the idea that when a matter has been decided for the last time by the competent court, it cannot be filed again by either of the parties. This doctrine in law serves several crucial fundamentals within the legal system and providing stability of judicial decisions. It ensures that the parties in a lawsuit are needed to follow the final judgment given by the court preventing the parties from litigating the same issue several times. Two main Doctrines of Res Judicata CLAIM PRECLUSION (Merger): This doctrine prevents both the parties from taking the same cause of action or claim to the court again and again if the same matter has been adjudicated already. Once when the final judgment has been given, no party is allowed to adjudicate the same claim subsequently. It includes both the claim that was actually raised and also the claim that could have been raised. The main aim of this doctrine is to prevent both the parties from engaging in piecemeal litigation. ISSUE PRECLUSION (Collateral estoppel): Like the Claim preclusion prevents the parties to adjudicate the same claim again, this doctrine prevents both parties from re-litigating specific issues that were given judgment in the prior proceeding. Even if the subsequent case involves different cause of action, this doctrine bars re-adjudication the same issue multiple times. Under the Civil Procedure Code, the application of res judicata is governed by some specific provisions which explains the conditions under which it applies. Elements of Res Judicata Final Judgment- Res Judicata applies only when the final judgment has been given by a competent court. A judgment can is only considered final when it contains the rights and obligations of both the parties respectively involved in the lawsuit. Identity of Parties- Res Judicata can only be applied when the same parties have re-adjudicated the same cause of action. If the parties are not same in the re-litigation then res judicata have no relevance. Identity of Subject Matter- Res Judicata only applies when the subsequent lawsuit involves the same cause of action as the previous judgment given. This means that the claim in the subsequent case must be substantially similar to those litigated in the prior judgment. Identity of Cause of Action- The cause of action in the next lawsuit must arise out of the same fact as of the prior lawsuit. In this case, Res Judicata prevents both the parties from splitting or dividing the cause of action and re-adjudicating the claims that have been given in the prior judgment. Finality of the Judgment- The judgment which was given in the prior lawsuit should be final and binding, which means that it cannot be challenged through appellate process. But there is an exception that Res Judicata does not apply to Judgments that are subject to revision or that can be appealed. Competency of the Court- The court that gave the final judgment to the lawsuit should have the jurisdiction over the parties and the subject matter. Principles guiding Res Judicata Under the Civil Procedure Code, several principles guide the application of Res Judicata: Finality- Res Judicata is based on the principle of finality, which basically means that once a matter had been finally adjudicated by a court, it cannot be appealed further in another court between the same parties. This principle promotes the conclusiveness of a lawsuit’s judgment. Judicial Efficiency- One of the main aims of Res Judicata is to promote efficiency of judicial system by preventing both the parties of the lawsuit to litigate again and again for no reason which leads to wasting time of the honourable court. By limiting the re-adjudication of claims that have been already served with a judgment to conserve the judicial resources. Prevention of Multiple Litigation- Res Judicata bars the parties from dividing the causes of actions or changing claims in different proceedings that could have been solved in prior lawsuit. Promoting the fact that all the important issues should be solved in a single lawsuit. Preservation of Integrity- By binding both the parties to follow the judgment given by the court strictly, Res Judicata plays an important role to maintain this principle by preserving integrity of the judiciary. Promotion of Fairness- Res Judicata also promotes fairness by giving both the parties with certainty in the judgment of their disputes. Once the matter has been provided with the final judgment, both the parties can conclude with their issue finally being resolved. Procedural application of Res Judicata under Civil Procedure Code Identification of prior judgment- The Procedural application of Res Judicata includes to know and find out whether there is a prior judgment given or not which can affect the application for Res Judicata. essment of identification of parties- If there has been a subsequent lawsuit filed, then it is mandatory to find out details about the applicant parties whether they were involved in the prior judgment or not. Res Judicata only applies when same parties apply the subsequent lawsuit so that both the parties could be prevented from re-adjudicating the same. Analysis of identity of subject matter and cause of action- There is a requirement to assess whether the subsequent suit have the same claim or cause of action or not i.e. to know whether the claim was given under the prior judgment or not. This includes knowing whether the claim raised has been covered under the prior lawsuit. Review of finality of the prior judgment- The final judgment which was given must be conclusive enough to apply Res Judicata. The judgment should not need any further review or appeal in any case. Verification of Competency of the court- It needs to be verified whether the prior judgment which was given by the competent court having the correct jurisdiction or not. Res Judicata cannot be applied if the court which gave the judgment lacked jurisdiction to hear that particular case. Application of Statutory Provisions- Reference of specific and valid statutory provisions are needed within the Civil Procedure Code that governs the doctrine of Res Judicata. These statutes provide framework to the conditions which governs the application of Res Judicata and provides guidance to its procedure and procedural effects. Judicial Determination- It is up to the discretion of the honourable court whether to apply Res Judicata or not. Relevant statutes and factors would be considered by the court to determine the application of the doctrine. Important cases guiding Res Judicata Avtar Singh v. Jagjit Singh- In this case a plaint was filed regarding the court’s arbitration in the revenue court by one of the parties, sustaining the objection the plaint was returned to the respective party. Giving the reason that the revenue court was not having the jurisdiction to try the suit. Hence, it was concluded that the suit was rejected by following the guidelines mentioned under the doctrine of Res Judicata. Devilal Modi v. Sales Tax Officer- In this leading case, the validity of an assessment was challenged under Article 226. The Petition was dismissed mentioning about the facts and merits. The same appeal was dismissed by the honourable Supreme Court mentioning the same issue. Another writ petition was filed in the High Court but still there was rejection of the appeal. The Supreme Court made the final decision that the same case was rejected under the guidelines mentioned under Res Judicata, Mathura prasad v. Dossabai N.B. Jeejeebhoy- It was held that Res Judicata can not be operated in the subsequent proceeding. If there is different question of law as of the previous one then Res Judicata cannot be applied. To apply Res Judicata the decision given should be held by the court with competency. It was also stated that if the issue of law gives rise to right then Res Judicata is not applicable. Significance and Implications of Res Judicata Judicial efficiency- Res Judicata prevents both sides of the parties to re-adjudicate same issue or claims again and again that have already been provided with a judgment in form of appeal which promotes efficiency in judicial system and save resources. Courts would be able to focus on other and new cases rather than wasting time on same lawsuit. Fairness and equality- This doctrine helps to maintain equality and fairness among all the parties by ensuring that either of the party cannot re-litigate the issue and maintain same rules and regulations for both the parties. It provides parties with closure and prevents waste of time and exploitation of rights. Stability of legal system- Res Judicata promotes the stability of legal judiciary system by providing proper framework and consistency I judicial decisions. Once a court provides judgment to a case it helps to set a precedent for the upcoming cases to establish clear rules and standards. Prevention of Forum Shopping- It promotes respect for the judgment making system of the court binds parties to adjudicate in good faith and not to play unfair. Res Judicata discourages both the parties to practice Forum Shopping i.e. litigants applying lawsuit in court where they think the judgment will be in their favour after an unfavourable judgment has been passed rendered. Preservation of Judicial integrity- By preventing the parties to re-litigate and to respect the judgment of the court by not repeatedly challenging the decisions. It helps to maintain the authority, respect and integrity of the court by being a watchdog of the judgment passed. CONCLUSION AND COMMENTS In Conclusion, Res Judicata is a fundamental principle which is covered under framework of the Civil Procedure Code, embodying the principles of finality, fairness, and efficiency which helps in perfect administration of justice. By barring parties from re-litigating again and again saving time of the court. Res Judicata serves its main aim to save resources of the court to provide judgment when already concluding judgment has been provided to both the parties. Furthermore, it sets legal precedent and guidelines for next cases and enhances confidence of people in the judicial system. Res Judicata is not only a doctrine of law but a cornerstone of judiciary system, it ensures that the integrity of the judiciary system is maintained. REFERENCES Kumar S, “Res Judicata Can’t Be Decided in Application under Order VII Rule 11 CPC: Supreme Court” Live Law (September 18, 2023); https://www.livelaw.in/supreme-court/supreme-court-ruling-res-judicata-plaint-rejection-application-order-7-rule-11-cpc-238024&#; accessed March 2, 2024 Paliwala M, “Meaning, Nature, Scope of Legal Doctrine of Res Judicata under Section 11 of Code of Civil Procedure” (iPleaders, September 1, 2023); https://blog.ipleaders.in/overview-on-doctrine-of-res-judicata/ ; accessed March 2, 2024 M S, “Doctrine of Res Judicata: Sec 11 of Civil Procedure Code” (CLATalogue, August 3, 2023); https://www.lawctopus.com/clatalogue/clat-pg/doctrine-res-judicata-section-11-cpc/ ; accessed March 3, 2024 “Free Law” Free Law (July 21, 2023); https://www.freelaw.in/legalarticles/Key-Principles-and-Applicability-of-Res-Judicata ; accessed March 3, 2024 [1] The Code of Civil Procedure, 1908, s11 - [IPR Rights of Creator on AI Made Content](https://lawfoyer.in/ipr-rights-of-creator-on-ai-made-content/) - Author : MAHASWETAA R Law Student at CHETTINAD SCHOOL OF LAW Edited By: Naman Jain Law student at Galgotias University INTRODUCTION With the dynamic change in the technological aspect of our country, AI tools have become more capable of creating content, art music etc. These works are depicted as if humans originally made them. 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Indian courts have consistently held that fundamental rights cannot be waived, emphasizing their paramount importance in safeguarding individual liberties. - [Doctrine of Legitimate Expectation](https://lawfoyer.in/doctrine-of-legitimate-expectation/) - The Doctrine of Legitimate Expectation ensures fairness in administrative actions, allowing individuals to anticipate consistent treatment from public authorities based on past conduct or explicit promises. This principle, integral to Indian administrative law, enables judicial review of administrative decisions to prevent arbitrariness. - [Doctrine of Pleasure: Article 310](https://lawfoyer.in/doctrine-of-pleasure-article-310/) - The Doctrine of Pleasure, enshrined in Article 310 of the Indian Constitution, stipulates that civil servants hold office at the discretion of the President or the Governor. This principle, rooted in English common law, allows for the termination of government employees without prior notice or reason, ensuring administrative flexibility. - [Doctrine of Public Trust](https://lawfoyer.in/doctrine-of-public-trust/) - The Doctrine of Public Trust mandates that certain natural resources are preserved for public use, and the government, as a trustee, must protect and maintain these resources for the public's benefit. - [Doctrine of State Action](https://lawfoyer.in/doctrine-of-state-action/) - The Doctrine of State Action ensures that fundamental rights are protected against infringements by the State and its instrumentalities, as defined under Article 12 of the Indian Constitution. - [Doctrine of Stare Decisis](https://lawfoyer.in/doctrine-of-stare-decisis/) - The Doctrine of Stare Decisis, rooted in the Latin maxim "stare decisis et non quieta movere," mandates courts to adhere to established precedents to ensure legal consistency and predictability. In India, this principle is enshrined in Article 141 of the Constitution, which states that the law declared by the Supreme Court is binding on all courts within the territory of India. - [Doctrine of Res Sub Judice](https://lawfoyer.in/doctrine-of-res-sub-judice/) - The Doctrine of Res Sub Judice, enshrined in Section 10 of the Code of Civil Procedure (CPC), 1908, prevents multiple courts from simultaneously adjudicating identical matters between the same parties. This doctrine ensures judicial efficiency and consistency by staying subsequent suits until the previously instituted suit is resolved. - [Doctrine of Double Jeopardy](https://lawfoyer.in/doctrine-of-double-jeopardy/) - The Doctrine of Double Jeopardy, enshrined in Article 20(2) of the Indian Constitution, ensures that no individual is prosecuted and punished more than once for the same offense. This principle upholds the rule of law and safeguards individual rights within the Indian legal framework. - [Doctrine of Audi Alteram Partem](https://lawfoyer.in/doctrine-of-audi-alteram-partem/) - Doctrine of Audi Alteram Partem, a Latin phrase meaning "hear the other side," is a fundamental principle of natural justice. It mandates that no person should be judged without a fair hearing, ensuring both parties in a dispute have an opportunity to present their case. - [Doctrine of Nemo Judex in Causa Sua](https://lawfoyer.in/doctrine-of-nemo-judex-in-causa-sua/) - The doctrine of "Nemo Judex in Causa Sua," a fundamental principle of natural justice, asserts that no individual should act as a judge in their own cause. This rule ensures impartiality in judicial and administrative proceedings, preventing bias and upholding fairness. - [Doctrine of Natural Justice](https://lawfoyer.in/doctrine-of-natural-justice/) - The Doctrine of Natural Justice embodies fundamental principles ensuring fairness, equity, and impartiality in legal and administrative proceedings. In the Indian legal system, these principles are integral to upholding the rule of law and protecting individual rights - [Doctrine of Proportionality](https://lawfoyer.in/doctrine-of-proportionality/) - The Doctrine of Proportionality ensures that administrative actions and legislative measures are balanced, fair, and not excessive, aligning with constitutional rights. - [Doctrine of Reasonableness](https://lawfoyer.in/doctrine-of-reasonableness/) - The Doctrine of Reasonableness ensures that laws and administrative actions are fair, just, and not arbitrary, upholding the principles of equality and justice enshrined in the Indian Constitution. - [Doctrine of Legitimate Expectation](https://lawfoyer.in/doctrine-of-legitimate-expectation-2/) - The Doctrine of Legitimate Expectation ensures fairness in administrative actions, allowing individuals to anticipate consistent treatment from public authorities based on past conduct or explicit promises. This principle, integral to Indian administrative law, upholds non-arbitrariness and transparency in governance. - [Doctrine of Public Accountability](https://lawfoyer.in/doctrine-of-public-accountability/) - The Doctrine of Public Accountability mandates that public officials and institutions are answerable to the public for their actions and decisions. It ensures that those in power exercise their authority responsibly, transparently, and in the public interest. - [Doctrine of Separation of Powers](https://lawfoyer.in/doctrine-of-separation-of-powers/) - The Doctrine of Separation of Powers divides governmental authority among the legislative, executive, and judicial branches. This framework prevents power concentration and ensures checks and balances within a democratic system. - [Doctrine of Checks and Balances](https://lawfoyer.in/doctrine-of-checks-and-balances/) - The Doctrine of Checks and Balances ensures that the legislative, executive, and judicial branches of government maintain distinct powers while mutually regulating each other to prevent any single branch from becoming supreme. This system is integral to the Indian Constitution, promoting accountability and preventing the abuse of power - [Doctrine of Judicial Activism](https://lawfoyer.in/doctrine-of-judicial-activism/) - Judicial activism refers to the proactive role played by the judiciary in interpreting and applying laws to address societal issues, often stepping beyond traditional judicial boundaries to enforce rights and ensure justice. In India, this approach has enabled courts to uphold constitutional mandates and protect individual liberties, especially when other branches of government have been inactive or ineffective - [Doctrine of Judicial Restraint](https://lawfoyer.in/doctrine-of-judicial-restraint/) - The Doctrine of Judicial Restraint emphasizes that judges should limit their own power by refraining from making policy decisions, thereby respecting the roles of the legislative and executive branches. - [Doctrine of Political Question](https://lawfoyer.in/doctrine-of-political-question/) - The Doctrine of Political Question refers to the principle where courts refrain from adjudicating issues that are constitutionally delegated to the executive or legislative branches, emphasizing the separation of powers. - [Doctrine of Executive Privilege](https://lawfoyer.in/doctrine-of-executive-privilege/) - The Doctrine of Executive Privilege refers to the right of the executive branch to withhold information from other government branches, particularly the legislature and judiciary, to protect national interest and ensure effective governance. This privilege balances transparency with the necessity of confidentiality in state affairs. - [Doctrine of Parliamentary Sovereignty](https://lawfoyer.in/doctrine-of-parliamentary-sovereignty/) - The Doctrine of Parliamentary Sovereignty asserts that Parliament holds supreme legislative authority, capable of enacting, amending, or repealing any law. In India, this doctrine is nuanced by constitutional supremacy and judicial review, ensuring a balance between legislative power and constitutional integrity. - [Doctrine of Constitutional Supremacy](https://lawfoyer.in/doctrine-of-constitutional-supremacy/) - Doctrine of Constitutional Supremacy asserts that the Constitution is the ultimate authority in a legal system, and all laws, policies, and actions must conform to its provisions. In India, this doctrine ensures that the Constitution prevails over parliamentary enactments and executive decisions, maintaining the rule of law and protecting citizens' rights. - [Doctrine of Harmonious Construction](https://lawfoyer.in/doctrine-of-harmonious-construction/) - The Doctrine of Harmonious Construction is a fundamental principle in Indian statutory interpretation. It mandates that when provisions within a statute or between statutes appear conflicting, they should be interpreted to give effect to all, ensuring coherence and avoiding redundancy. - [Doctrine of Implied Powers](https://lawfoyer.in/doctrine-of-implied-powers/) - The Doctrine of Implied Powers allows authorities to exercise powers not explicitly stated in law but necessary to fulfill their duties effectively. In India, this doctrine ensures governmental functions are carried out efficiently, even when specific powers are not expressly granted. - [Doctrine of Ancillary Powers](https://lawfoyer.in/doctrine-of-ancillary-powers/) - The Doctrine of Ancillary Powers allows legislative bodies to enact laws on matters reasonably connected to their primary legislative subjects, ensuring effective governance within their constitutional authority. - [Doctrine of Occupied Field](https://lawfoyer.in/doctrine-of-occupied-field/) - The Doctrine of Occupied Field addresses legislative conflicts in India's federal structure, ensuring clarity when both Parliament and State Legislatures legislate on the same subject. - [Doctrine of Incidental or Ancillary Powers](https://lawfoyer.in/doctrine-of-incidental-or-ancillary-powers/) - The Doctrine of Incidental or Ancillary Powers allows legislative bodies to enact laws on matters reasonably connected to their primary legislative subjects, ensuring effective governance within India's constitutional framework. - [Doctrine of Judicial Precedent](https://lawfoyer.in/doctrine-of-judicial-precedent/) - The Doctrine of Judicial Precedent, or stare decisis, is fundamental in the Indian legal system, ensuring consistency and predictability by obligating courts to follow established legal principles from previous decisions. - [Doctrine of Constitutional Silence](https://lawfoyer.in/doctrine-of-constitutional-silence/) - The Doctrine of Constitutional Silence refers to the intentional or unintentional gaps within a constitution where specific issues are not addressed explicitly. In India, this doctrine allows the judiciary to interpret and fill these gaps, ensuring the constitution remains dynamic and responsive to contemporary challenges. - [Doctrine of Constitutional Morality](https://lawfoyer.in/doctrine-of-constitutional-morality/) - Constitutional morality refers to the adherence to the core principles enshrined in a Constitution, guiding the interpretation and application of laws. In the Indian context, it embodies the values of democracy, justice, equality, liberty, and fraternity. - [Doctrine of Transformative Constitutionalism](https://lawfoyer.in/doctrine-of-transformative-constitutionalism/) - Transformative constitutionalism refers to the use of constitutional law as a tool to effect profound social change, aiming to transform a country's political and social institutions and power relationships in a democratic, participatory, and egalitarian direction. - [Doctrine of Living Constitution](https://lawfoyer.in/doctrine-of-living-constitution/) - The Doctrine of Living Constitution posits that a constitution is a dynamic, evolving document that adapts to contemporary societal needs and values. In India, this doctrine has significantly influenced constitutional interpretation, ensuring the Constitution's relevance in changing times. - [Doctrine of Original Intent](https://lawfoyer.in/doctrine-of-original-intent/) - The Doctrine of Original Intent is a principle of constitutional and statutory interpretation that emphasizes understanding and applying the intentions of the framers or legislators at the time a law was enacted. - [Doctrine of Popular Sovereignty](https://lawfoyer.in/doctrine-of-popular-sovereignty/) - The Doctrine of Popular Sovereignty asserts that the ultimate authority in a state resides with its people. In India, this principle is foundational, influencing the Constitution's formation and its democratic governance. - [Doctrine of Rule of Law](https://lawfoyer.in/doctrine-of-rule-of-law/) - The Doctrine of Rule of Law is a cornerstone of democratic governance, ensuring that all actions are conducted within a legal framework, thereby preventing arbitrary use of power. - [Doctrine of Due Process of Law](https://lawfoyer.in/doctrine-of-due-process-of-law/) - The Doctrine of Due Process of Law ensures that no individual is deprived of life, liberty, or property without appropriate legal procedures. In India, this doctrine has evolved through judicial interpretations, significantly impacting the protection of fundamental rights. - [Doctrine of Procedure Established by Law](https://lawfoyer.in/doctrine-of-procedure-established-by-law/) - The "Doctrine of Procedure Established by Law" is enshrined in Article 21 of the Indian Constitution, which states: "No person shall be deprived of his life or personal liberty except according to procedure established by law." This doctrine mandates that any deprivation of life or personal liberty must follow a procedure that is duly enacted by the legislature. - [Doctrine of Equal Protection of Laws](https://lawfoyer.in/doctrine-of-equal-protection-of-laws/) - The Doctrine of Equal Protection of Laws, enshrined in Article 14 of the Indian Constitution, ensures that every individual within India's territory receives equal treatment under the law. This principle prohibits discrimination and mandates that similar cases be treated alike, forming a cornerstone of India's commitment to justice and fairness. - [Doctrine of Equality Before Law](https://lawfoyer.in/doctrine-of-equality-before-law/) - The Doctrine of Equality Before Law, enshrined in Article 14 of the Indian Constitution, ensures that every individual is treated equally under the law, prohibiting discrimination and arbitrary actions by the state. This principle is fundamental for Indian law students to understand, as it forms the cornerstone of India's commitment to justice and fairness. - [Doctrine of Reasonable Classification](https://lawfoyer.in/doctrine-of-reasonable-classification/) - The Doctrine of Reasonable Classification, rooted in Article 14 of the Indian Constitution, permits the State to create distinctions among individuals or groups, provided such classifications are reasonable, non-arbitrary, and serve a legitimate objectiv - [Doctrine of Non-Arbitrariness](https://lawfoyer.in/doctrine-of-non-arbitrariness/) - The Doctrine of Non-Arbitrariness is a fundamental principle in Indian constitutional law, ensuring that state actions are fair, reasonable, and free from arbitrary decisions. Rooted in Article 14 of the Indian Constitution, which guarantees the right to equality before the law and equal protection of the laws, this doctrine serves as a safeguard against discriminatory practices by the state. - [Doctrine of Legitimate Expectation](https://lawfoyer.in/doctrine-of-legitimate-expectation-3/) - The Doctrine of Legitimate Expectation ensures fairness in administrative actions, allowing individuals to anticipate consistent treatment based on established practices or explicit promises by public authorities. In India, this doctrine serves as a crucial check against arbitrary decisions, reinforcing the principles of natural justice and non-arbitrariness enshrined in Article 14 of the Constitution. - [Doctrine of Proportionality](https://lawfoyer.in/doctrine-of-proportionality-2/) - The Doctrine of Proportionality ensures that administrative actions or legislative measures are appropriate, necessary, and not excessive concerning their intended objectives. In India, this doctrine plays a pivotal role in maintaining a balance between individual rights and state actions, ensuring that any restriction on fundamental rights is justified and minimal. - [Doctrine of Wednesbury Unreasonableness](https://lawfoyer.in/doctrine-of-wednesbury-unreasonableness/) - The Doctrine of Wednesbury Unreasonableness is a pivotal principle in administrative law, guiding judicial review of administrative decisions. It ensures that authorities exercise their discretion within reasonable bounds, preventing arbitrary or irrational decisions. - [Doctrine of Margin of Appreciation](https://lawfoyer.in/doctrine-of-margin-of-appreciation/) - The Doctrine of Margin of Appreciation is a pivotal principle in international human rights law, particularly within the European Court of Human Rights (ECtHR). It grants national authorities a degree of discretion in fulfilling their obligations under human rights conventions, balancing universal human rights standards with national sovereignty and cultural diversity - [Doctrine of Subsidiarity](https://lawfoyer.in/doctrine-of-subsidiarity/) - The Doctrine of Subsidiarity is a principle in governance that advocates for decisions to be made at the most immediate or local level capable of addressing matters effectively. It posits that higher authorities should intervene only when issues cannot be resolved by lower tiers. - [Doctrine of Federal Supremacy](https://lawfoyer.in/doctrine-of-federal-supremacy/) - The Doctrine of Federal Supremacy ensures that in conflicts between Union and State laws, the Union law prevails, maintaining constitutional balance. - [Doctrine of Implied Limitations](https://lawfoyer.in/doctrine-of-implied-limitations/) - The Doctrine of Implied Limitations asserts that certain fundamental aspects of a constitution cannot be altered or destroyed through amendments, even if the constitution does not explicitly prohibit such changes. In India, this doctrine has been pivotal in preserving the core principles of the Constitution, ensuring that amendments do not undermine its foundational structure. - [Doctrine of Basic Features](https://lawfoyer.in/doctrine-of-basic-features/) - The Doctrine of Basic Structure is a judicial principle in Indian constitutional law that ensures certain fundamental features of the Constitution remain unaltered, even by parliamentary amendments. This doctrine maintains the Constitution's core principles, safeguarding its integrity against potential legislative overreach - [Doctrine of Essential Features](https://lawfoyer.in/doctrine-of-essential-features/) - The Doctrine of Essential Features, commonly known as the Basic Structure Doctrine, is a pivotal principle in Indian constitutional law. It asserts that certain fundamental aspects of the Constitution are so integral that even Parliament cannot amend them. This doctrine ensures the preservation of the Constitution's core ideals, safeguarding the democratic framework and preventing potential legislative overreach. - [Doctrine of Non-Derogable Rights](https://lawfoyer.in/doctrine-of-non-derogable-rights/) - Non-derogable rights are fundamental human rights that cannot be suspended or limited, even during emergencies. These rights are essential to human dignity and are protected universally. In India, the Constitution and international treaties uphold these rights, ensuring their inviolability under all circumstances. - [Doctrine of Horizontal and Vertical Application of Rights](https://lawfoyer.in/doctrine-of-horizontal-and-vertical-application-of-rights/) - The doctrines of horizontal and vertical application of rights delineate the scope and enforcement of fundamental rights within a legal system. In India, these doctrines determine whether individuals can invoke constitutional rights solely against the state (vertical application) or also against other private individuals and entities (horizontal application). - [Call for Blogs - Centre for Law and Urban Development | NLUD](https://lawfoyer.in/call-for-blogs-centre-for-law-and-urban-development-nlud/) - Call for Blogs - Centre for Law and Urban Development | NLUD - [The Insurance Act, 1938: Key Provisions](https://lawfoyer.in/the-insurance-act-1938-key-provisions/) - The Insurance Act, 1938, is a comprehensive legislation enacted to regulate the insurance sector in India. It provides a legal framework for the operation of insurance businesses, ensuring their orderly growth and protecting policyholders' interests. The Act encompasses various aspects, including registration, management, investments, and policyholder protections.... - [Introduction to Insurance Law in India](https://lawfoyer.in/introduction-to-insurance-law-in-india/) - Insurance law in India governs the contractual relationship between insurers and insured parties, ensuring financial protection against unforeseen events. It operates on principles like utmost good faith and indemnity, with regulations established by the Insurance Regulatory and Development Authority of India (IRDAI). Key legislation includes the Insurance Act, 1938, and the IRDA Act, 1999.... - [Introduction to Competition Law of India: History, Evolution, Basic Concepts, Terminologies and Principles](https://lawfoyer.in/introduction-to-competition-law-of-india-history-evolution-basic-concepts-terminologies-and-principles/) - HISTORICAL BACKGROUND The origins of competition law in India can be traced back to the colonial era, when the British government implemented several laws to regulate trade practices and monopolies. These early efforts laid the groundwork for future competition regulation in the country: The Companies Act of 1913 introduced basic regulations for company formation and - [Suits by or against Government, Suits by Indigent persons, Interpleader Suit, Summary Procedure, Suits relating to public nuisance, ‘Suits by or against minors’ under CPC](https://lawfoyer.in/suits-by-or-against-government-suits-by-indigent-persons-interpleader-suit-summary-procedure-suits-relating-to-public-nuisance-suits-by-or-against-minors-under-cpc/) - Part 1 - Suits by or Against Government Order XXVII of CPC deals with suits by or against Government. 'Government' includes Central or State Government. As per Rule 1, prior notice of at least two months must be given to Government before filing suit against Government. This enables authorities to scrutinize claim before litigation. In - [Arrest before judgment, Attachment before judgment, Temporary Injunctions, Interlocutory orders, Receiver, Security of costs. Appeal, Execution of Decrees under CPC](https://lawfoyer.in/arrest-before-judgment-attachment-before-judgment-temporary-injunctions-interlocutory-orders-receiver-security-of-costs-appeal-execution-of-decrees-under-cpc/) - Part 1 - Arrest before Judgment (Order XXXVIII) Order XXXVIII deals with arrest and attachment before judgment in cases where the defendant, with intent to obstruct or delay execution of decree that may be passed against him, is likely to abscond or remove property outside the jurisdiction of the court. Section 1 empowers the court - [Commissions under CPC](https://lawfoyer.in/commissions-under-cpc/) - Introduction Commissions are instruments through which court deputes its own powers and functions to an outside authority to assess, examine or inquire into a matter to collect evidence or report on facts. Order XXVI of CPC deals with commissions. Commission does not amount to transfer or abdication of judicial power, rather court retains authority and - [Interim Orders under CPC](https://lawfoyer.in/interim-orders-under-cpc/) - Introduction Interim orders refer to temporary, provisional or interim arrangements made by the court during the pendency of legal proceedings to protect rights and interests of parties. Interim orders are intended to preserve status quo, maintain equilibrium and mitigate hardships until conclusion of the proceedings. The Code of Civil Procedure contains several provisions empowering courts - [Discovery, Inspection, Production of Documents, First Hearing, Framing of Issues, Disposal at First Hearing, Trial, Summoning Witnesses, Production of Documents, Adjournment, Hearing under CPC](https://lawfoyer.in/discovery-inspection-production-of-documents-first-hearing-framing-of-issues-disposal-at-first-hearing-trial-summoning-witnesses-production-of-documents-adjournment-hearing-under-cpc/) - Discovery of Documents After filing written statement, defendant must file a list of all documents in his power, possession, control or custody which are relevant to the dispute under Order XI Rule 12. Thereafter, plaintiff is also required to file a list of additional documents not filed along with plaint, which are necessary to determine - [Plaint, Written Statement, Set Off, Counter Claim, Admission, Return and Rejection of Plaint under CPC](https://lawfoyer.in/plaint-written-statement-set-off-counter-claim-admission-return-and-rejection-of-plaint-under-cpc/) - Plaint Plaint is the originating process which initiates a civil suit. It contains: Heading and description of parties Statement of material facts showing right to relief Right to sue Jurisdiction valuation Relief claimed. Date and signature of plaintiff As per Order VII Rule 1, plaint sets out essential facts constituting the cause of action and - [Pleadings, General Rules, Amendment under CPC](https://lawfoyer.in/pleadings-general-rules-amendment-under-cpc/) - Pleadings Pleadings refer to formal written statements filed by parties which frame the issues needing trial and adjudication. Plaint and written statement are the main pleadings. Order VI deals with pleadings generally. Order VII deals with plaint. Order VIII deals with written statement. Replication by plaintiff to written statement is allowed only with court’s leave. - [Institution of Suit, Cause of Action, Joinder, Non-Joinder and Misjoinder of Parties, Summons under CPC](https://lawfoyer.in/institution-of-suit-cause-of-action-joinder-non-joinder-and-misjoinder-of-parties-summons-under-cpc/) - Institution of Suit A civil suit refers to proceedings initiated by a party in a civil court for enforcement of a right or seeking relief based on a cause of action available under law. As per Section 26 of CPC, every suit shall be instituted by presenting a plaint in duplicate to the court or - [Place of Suing under CPC](https://lawfoyer.in/place-of-suing-under-cpc/) - Introduction The place where a suit can be properly instituted is called the place of suing. The appropriate place where the court of competent jurisdiction can entertain the dispute is crucial for initiation and maintainability of the suit. Sections 15 to 21 of the Code of Civil Procedure, 1908 deal with venue and place of - [Jurisdiction under CPC](https://lawfoyer.in/jurisdiction-under-cpc/) - Introduction Jurisdiction refers to the authority vested in a court under law to adjudicate disputes and dispense justice. The Code of Civil Procedure, 1908 (CPC) contains detailed provisions concerning jurisdiction of civil courts in India. The twin criterions for exercise of jurisdiction are territorial jurisdiction and pecuniary jurisdiction. Territorial Jurisdiction Territorial jurisdiction means the geographic - [Concept of limitation in Civil Suits](https://lawfoyer.in/concept-of-limitation-in-civil-suits/) - Introduction The law of limitation sets maximum time periods within which legal proceedings can be initiated in courts of law. The key objectives behind limitation laws are: To ensure timely adjudication of claims without unreasonable delay. To prevent witnesses being called upon to give evidence after lengthy periods. To prevent disturbance of settled rights and - [Important Concepts: Res Sub-Judice, Resjudicata, Restitution, Caveat, Inherent powers of courts, Reference, Review and Revision of CPC](https://lawfoyer.in/important-concepts-res-sub-judice-resjudicata-restitution-caveat-inherent-powers-of-courts-reference-review-and-revision-of-cpc/) - Res Sub-Judice Res sub-judice refers to a matter or case which is under consideration by a court of law. Section 10 of the Code of Civil Procedure deals with the concept of res sub-judice. It provides that no court shall proceed with the trial of any suit or issue in which the matter directly and - [Suits of Civil Nature under CPC](https://lawfoyer.in/suits-of-civil-nature-under-cpc/) - Introduction A suit refers to a civil proceeding initiated by presenting a plaint before a civil court for enforcement of a right or claims arising out of a civil dispute. The Code of Civil Procedure, 1908 is the basic statute governing civil litigation in India. It establishes the modalities for institution, prosecution and disposal of - [Decree, Judgment, Order, Foreign Court, Foreign Judgment, Mesne Profits, Affidavit, Suit, Plaint, Written Statement under CPC](https://lawfoyer.in/decree-judgment-order-foreign-court-foreign-judgment-mesne-profits-affidavit-suit-plaint-written-statement-under-crpc/) - Decree A decree is a formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties. A decree may be preliminary or final. A preliminary decree declares the rights and liabilities of the parties leaving the further considerations to be determined in future proceedings. A - [](https://lawfoyer.in/global-credit-capital-limited-anr-vs-sach-marketing-pvt-ltd-anr/) - This case pertains to the interpretation of Sections 5(6), 5(8), and 5(21) of the Insolvency and Bankruptcy Code, 2016 (IBC). It specifically examines whether amounts described as security deposits under service agreements constitute financial debt, operational debt, or neither. - [MAHAKALI SUJATHA vs. THE BRANCH MANAGER, FUTURE GENERALI INDIA LIFE INSURANCE COMPANY LIMITED & ANOTHER](https://lawfoyer.in/mahakali-sujatha-vs-the-branch-manager-future-generali-india-life-insurance-company-limited-another/) - This case addresses the dispute over the repudiation of life insurance claims under policies issued to the deceased by Future Generali India Life Insurance Company. The insurer denied the claims based on alleged material suppression of existing insurance policies by the insured. - [16th LawFoyer Quiz on Bhartiya Nyaya Sanhita (BNS) & Indian Penal Code (IPC): Register by 16th November](https://lawfoyer.in/16th-national-quiz-on-bhartiya-nyaya-sanhita-bns-indian-penal-code-ipc-by-lawfoyer-register-by-16th-november/) - Download Updated Answer Key Check Results Download E-Certificate Dates Date of Quiz:- 17/11/2024 (5 Pm) Last Date to Apply:- 16/11/2024, 11:00 pm Result Declaration:- 21/11/2024 Prizes 1st Prize- Rs 3000 + Winner Trophy + Hardcopy Certificate of (Excellence & Participation) 2nd Prize- Rs 1500 + 1st Runner Up Trophy + Hardcopy Certificate of (Excellence & Participation) 3rd Prize- Rs 1000 - [GENERAL DEFENCES OF TORTS](https://lawfoyer.in/general-defences-of-torts/) - GENERAL DEFENCES VOLENTI NON FIT INJURIA Meaning and Definition Volenti non fit injuria is a Latin maxim meaning "to a willing person no injury is done". It is an important defence in tort law. This doctrine states that if a person voluntarily agrees to suffer harm or take a risk they cannot later - [REMOTENESS OF DAMAGES UNDER LAW OF TORTS](https://lawfoyer.in/remoteness-of-damages-under-law-of-torts/) - Meaning & Definition Remoteness of damage refers to the legal principle that limits a defendant's liability for consequences of their wrongful act. It addresses how far liability extends for the chain of consequences flowing from a tort. The law does not hold a defendant liable for all consequences no matter how remote or unforeseeable. A - [NUISANCE UNDER LAW OF TORTS](https://lawfoyer.in/nuisance-under-law-of-torts/) - Meaning Definition and Explanation of Nuisance Nuisance in tort law means unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. It involves acts interfering with comfort health or safety. The interference may be through noise vibrations heat smoke smell fumes water gas electricity excavation or - [DEFAMATION UNDER LAW OF TORTS](https://lawfoyer.in/defamation-under-law-of-torts/) - MEANING & DEFINITION Defamation refers to injuring a person's reputation through false statements. It involves publishing defamatory content about someone that tends to lower them in the estimation of right-thinking members of society. The law of defamation aims to protect reputation while balancing freedom of expression. Defamation can occur through spoken words (slander) or written/published - [TRESPASS UNDER LAW OF TORTS](https://lawfoyer.in/trespass-under-law-of-torts/) - MEANING DEFINITION AND EXPLANATION Trespass refers to unlawful interference with a person's body or property without justification. It is an intentional tort that protects individuals' rights to personal integrity and exclusive possession of property. Trespass can be committed against a person (assault battery and false imprisonment) or against property (trespass to land and chattels). TYPES - [ABUSE OF LEGAL PROCEDURE UNDER LAW OF TORTS](https://lawfoyer.in/abuse-of-legal-procedure-under-law-of-torts/) - MEANING DEFINITION AND EXPLANATION Abuse of legal procedure refers to misusing judicial processes for improper purposes. It involves initiating legal actions maliciously without reasonable grounds. This tort aims to prevent misuse of the legal system to harass others. The main forms are malicious prosecution and malicious civil proceedings. MALICIOUS PROSECUTION Malicious prosecution occurs when someone - [REMEDIES FOR TORTS](https://lawfoyer.in/remedies-for-torts/) - MEANING & DEFINITION Remedies in tort law refer to the legal measures available to victims to obtain relief for wrongs committed against them. The primary aim of tort remedies is to compensate the injured party and restore them to their original position as far as possible. Tort remedies seek to make the plaintiff whole again - [VICARIOUS LIABILITY UNDER LAW OF TORTS](https://lawfoyer.in/vicarious-liability-under-law-of-torts/) - MEANING & DEFINITION Vicarious liability refers to the legal doctrine where one person is held responsible for the wrongful actions of another person. This concept is an exception to the general rule that individuals are liable only for their own wrongful acts. In vicarious liability, the law imposes responsibility on a person who did not - [RULE OF STRICT AND ABSOLUTE LIABILITY UNDER LAW OF TORTS](https://lawfoyer.in/rule-of-strict-and-absolute-liability-under-law-of-torts/) - RULE OF STRICT LIABILITY Meaning and Origin The rule of strict liability emerged from the landmark English case of Rylands v Fletcher in 1868. It imposes liability without proof of fault or negligence for damages caused by dangerous substances that escape. Key Elements of Strict Liability Dangerous Thing: The defendant must bring some dangerous thing - [NEGLIGENCE: PROFESSIONAL, MEDICAL AND CONTRIBUTORY UNDER LAW OF TORTS](https://lawfoyer.in/negligence-professional-medical-and-contributory-under-law-of-torts/) - MEANING DEFINITION AND EXPLANATION Negligence is a crucial concept in tort law that involves failure to exercise reasonable care resulting in harm to another party. It occurs when a person breaches their duty of care owed to others through careless actions or omissions. The jurisprudential concept of negligence defies any precise definition. Eminent jurists and - [INTRODUCTION TO LAW OF TORTS](https://lawfoyer.in/introduction-to-law-of-torts/) - MEANING OF TORT Origin and Etymology The word tort originates from the Latin term "tortum" which means twisted or crooked. It refers to conduct that is not straight or lawful but rather twisted crooked or unlawful. The term tort is equivalent to the English word "wrong." Concept of Tort A tort is a civil wrong - [3rd Deo Mangal Memorial National Moot Court Competition by GNSU, Bihar [Total Prize Worth Rs.73k; 29 Nov to 15 Dec 2024; Hybrid Mode]: Submit by 22 Nov](https://lawfoyer.in/3rd-deo-mangal-memorial-national-moot-court-competition-by-gnsu-bihar-total-prize-worth-rs-73k-29-nov-to-15-dec-2024-hybrid-mode-submit-by-22-nov/) - Moot Court Society, Narayan School of Law, Gopal Narayan Singh University proudly announces its 3rd Deo Mangal Memorial National Moot Court Competition, 2024 from 29th November to 15th December 2024 in Hybrid Mode. About the Organizer Gopal Narayan Singh University (GNSU) is a private university located at Jamuhar village near the city of Sasaram in - [Free Online Webinar on Understanding India's Income Tax System: A Comprehensive Overview For Law Professionals by LawFoyer: Register by Oct 19](https://lawfoyer.in/free-online-webinar-on-understanding-indias-income-tax-system-a-comprehensive-overview-for-law-professionals-by-lawfoyer-register-by-oct-19/) - Register Now Gain In-Depth Knowledge from a Leading Expert LawFoyer presents an exclusive free online webinar – “Understanding India's Income Tax System: A Comprehensive Overview For Law Professionals” led by our expert (DR.) Jyoti Yadav, Assistant Professor, Amity Law School Lucknow campus. Important Details Date: Sunday, 20 October 2024, 7 pm onwards. Platform: Google Meet/Zoom Meetings Completely Free Registration Perks - [15th National Quiz on Indian Contract Act & Specific Relief Act by LawFoyer: Register by 28th September](https://lawfoyer.in/15th-national-quiz-on-indian-contract-act-specific-relief-act-by-lawfoyer-register-by-28th-september/) - Download Updated Answer Key Clarifications in Answer Key (Released) Claimed Question Number Previous Answer Key Updated Answer Key Q 60 B C Check Results Download E-Certificate of Certification Dates Date of Quiz:- 29/09/2024 (5 Pm) Last Date to Apply:- 28/09/2024, 11:00 pm Result Declaration:- 05/10/2024 Prizes 1st Prize- Rs 3000 + Winner Trophy + Hardcopy Certificate of (Excellence & - [National Moot Court Competition, XavAequitas'24 organized by Moot Court Society of Xavier Law School, St. Xavier’s University, Kolkata is scheduled for October 24-26, 2024.](https://lawfoyer.in/national-moot-court-competition-xavaequitas24-organized-by-moot-court-society-of-xavier-law-school-st-xaviers-university-kolkata-is-scheduled-for-october-24-26-2024/) - About SXUK St. Xavier's University, Kolkata (SXUK), stands as a beacon of excellence in higher education, deeply rooted in the Jesuit tradition of fostering academic rigor, ethical integrity, and social commitment. Established with the vision of shaping future leaders who are not only intellectually equipped but also morally and socially responsible, SXUK aims to cultivate - [Call for Papers- 3rd National Seminar on Affordable Housing by NLU Delhi from 21st to 23rd February, 2025](https://lawfoyer.in/call-for-papers-3rd-national-seminar-on-affordable-housing-by-nlu-delhi-from-21st-to-23rd-february-2025/) - The Centre for Law and Urban Development at NLU- Delhi in collaboration with the Centre for Tax Laws NLU-Delhi, is pleased to announce the call for papers for the 3rd National Seminar on Affordable Housing- Building Inclusive Society for the 21st Century India to be held from 21st to 23rd February, 2025. We request you to kindly publish the - [Sarla Mudgal v. Union of India (1995) 3 SCC 635](https://lawfoyer.in/sarla-mudgal-v-union-of-india-1995-3-scc-635/) - Author: Nandini Achhra, Vivekananda institute of professional studies Edited By: Gyanu Patel, Amity University (Lucknow) A) ABSTRACT / HEADNOTE While considering this, it has to be noted that the world generally follows the concept of monogamy, which in turn is a conventional rule recognized by all the legal systems over the world. A contravention of this - [ARTICLE 32: RIGHT TO CONSTITUTION REMEDIES](https://lawfoyer.in/article-32-right-to-constitution-remedies/) - Author: Dhanavel B, B.A.LL.B., Government Law College Dharmapuri INTRODUCTION “An article without which this Constitution would be a nullity – I could not refer to any other article except this one. It is the very soul of the Constitution and the very heart of it”[1] - B.R. Ambedkar. Fundamental rights are the outcome of the - [Marital and Adoption Rights of LGBTQ+ Community and Applicability of Family law](https://lawfoyer.in/marital-and-adoption-rights-of-ltbtq-community-and-applicability-of-family-law/) - Name of Author- Nikhil, Gitarattan International Business School Edited by - Sulesh Choudhary INTRODUCTION The term 'Gender' is commonly thought to refer to masculinity or femininity; however, an individual can identify with a variety of other gender identities apart from these binary options. Gender identity encompasses how a person views themselves in terms of gender - [Vineet Narain v. Union of India (1998) 1 SCC 226](https://lawfoyer.in/vineet-narain-v-union-of-india-1998-1-scc-226-2/) - Author: Chahat Gugliya, Dr. K. N. K. Law College, Ratlam A) ABSTRACT This case is a landmark judgment by the Supreme Court of India highlighting systemic corruption and the independence of investigative agencies. Public Interest Litigation (PIL) filed by journalist Vineet Narain, highlighting the inaction of the Central Bureau of Investigation (CBI) and other agencies in - [Historical School of Jurisprudence: An Analytical Study](https://lawfoyer.in/historical-school-of-jurisprudence-an-analytical-study/) - Author: Nirbhay Singh, Lovely Professional University 1. IntroductionLegal philosophy the principles that seek to explain the nature, role, function, and justification of law are grouped into several schools of thought. Of all, the Historical School of Jurisprudence is one of the most distinguished frameworks that explain the history and culture of the law. The positivist - [Hon'ble Shri Ranganath Mishra vs Union of India and Ors AIRONLINE 2003 SC 273](https://lawfoyer.in/honble-shri-ranganath-mishra-vs-union-of-india-and-ors-aironline-2003-sc-273/) - Author: Nirbhay Singh, Lovely Professional University A) ABSTRACT / HEADNOTEThis case judgment concerns and involves the part of the Constitution of India, Order 51 A that deals with the realization of rights and duties of its citizens and was given by the Hon’ble Supreme Court of India on 31-7-2003. The petitioner, the former Chief Justice - [Mediation under Consumer Protection Act, 2019](https://lawfoyer.in/mediation-under-consumer-protection-act-2019/) - Author: Krishang Sharma, Student, University Five Year Law College, University of Rajasthan. Edited by: Madhumita Saha, Student, Lajpat Rai Law College, Sambalpur University, Odisha. INTRODUCTION Mediation, as a method of alternate dispute resolution, has a long-standing history in the diplomatic arena. Hon’ble Chief Justice of India, N V Ramana, also asserted that our ancient epics - [Som Prakash v. Union of India](https://lawfoyer.in/som-prakash-v-union-of-india/) - Author: Harsh Verma, Galgotias University Editor: I Sharan ABSTRACT In this case, the question arose as to Whether the acquisition of the Burmah Shell Oil Storage undertakings by the Distribution Company Ltd. Bharat Petroleum Corp. can be termed as 'State' as provided in Art. 12 of the COI. The petitioner in this case, Som Prakash - [Procedure of Filling Patent Applications under Patent Act and Patent Rules](https://lawfoyer.in/procedure-of-filling-patent-applications-under-patent-act-and-patent-rules/) - Author: Harsh Verma, Galgotias University Edited By: Gyanu Patel, Amity University Lucknow (UP) INTRODUCTION The process of filing patent applications is central to establishing intellectual property rights. Through patents, an inventor gains exclusive rights over his/her invention, thereby excluding any unauthorized use, production, or sale of the same. Such procedural framework has been laid down - [Digital Signatures: Impact on The Indian Contract Laws](https://lawfoyer.in/digital-signatures-impact-on-the-indian-contract-laws/) - Name of Author- Vishakha Yadav, DES’s Shri Navalmal Firodia Law College Edited by - Sulesh Choudhary INTRODUCTION “We want a Digital India, not just the one we are living in” --- The Indian Express[1] India's digitalization has taken a huge turn as quoted by Shri Narendra Modi at the G20 Summit's Economy Minister's meeting, "India's - [DEEPFAKES: ETHICAL AND LEGAL IMPLICATION](https://lawfoyer.in/deepfakes-ethical-and-legal-implication/) - Author: KHUSHBOO BHARTI, INSTITUTE OF LAW,JIWAJI UNIVERSITY,GWALIOR Edited By: Ritesh Singh Shekhawat, MJRPU, Jaipur ABSTRACT When adult actors' faces were uploaded on Reddit in place of well-known Hollywood names in 2017, the first deepfake movies became viral. In 2018, comedian Jordan Peele poked fun at technology and issued a warning to his audience in a - [Copyright Law In India](https://lawfoyer.in/copyright-law-in-india/) - Author: Mahi, Vivek College of Law, Bijnor (U.P.) Edited By: Gyanu Patel, Amity Law School, Lucknow (U.P.) INTRODUCTION Intellectual property is a category of that property includes the intangible creation of the human intellect. There are many types of Intellectual Property Trademarks, Patents, Trade secrets, and copyright. Intellectual property is the root of copyright. Copyright - [DEFAMATION IN MEDIA TRIAL: CRIMINAL AND CONSTITUTIONAL REMEDIES](https://lawfoyer.in/defamation-in-media-trial-criminal-and-constitutional-remedies/) - Author: ROZY PARVEEN, JAMIA HAMDARD Edited By: Ritesh Singh Shekhawat, MJRPU, Jaipur INTRODUCTION As the revered Bhagavad Gita correctly says, “For a man of honor, defamation is worse than death”. This article delves into the legal aspects of defamation in India, judicial interpretations, and future direction. It examines how defamation laws and media trials influence - [FALSE ACCUSATIONS OF RAPE: THE NEED FOR BALANCING JUSTICE FOR VICTIMS AND THE ACCUSED](https://lawfoyer.in/false-accusations-of-rape-the-need-for-balancing-justice-for-victims-and-the-accused/) - Author: SNEHA AMARNATH VARMA, KES SHRI. JAYANTILAL H. PATEL LAW COLLEGE Edited By: Ritesh Singh Shekhawat, MJRPU, Jaipur INTRODUCTION “Your word against mine: The war for justice over false rape allegations”-By Claisse Opulencia Rape is one of the most villainous crimes and violation of human rights that occurs all over the world. In India rape - [OFFENCES BY COMPANIES: A LEGAL AND PRACTICAL PERSPECTIVE](https://lawfoyer.in/offences-by-companies-a-legal-and-practical-perspective/) - Author: BERADAR AKASH, CHRIST ACADEMY INSTITUTE OF LAW Edited By: Ritesh Singh Shekhawat, MJRPU, Jaipur ABSTRACT This blog aims to analyze legislation and landmark case laws relating to corporate criminal liability under Indian laws as well as the main doctrines governing it. Further, it extends to which the Penal Code of 1860, and the Companies - [Section 69 of Bharatiya Nyaya Sanhita: Provisions And Cases](https://lawfoyer.in/section-69-of-bharatiya-nyaya-sanhita-provisions-and-cases/) - Author: Sara Sharma, University School of Law and Legal Studies Editor: Ritesh Singh Shekhawat, MJRP, Jaipur INTRODUCTION Indian Law has always focused on protecting and promoting women’s rights from unscrupulous, exploitative, and deceitful practices or incidents that may harm their interests or hamper their mental, emotional, and physical well-being. The struggle for equality and equity - [INTRODUCTION TO CYBERSECURITY LAWS OF INDIA: PROVISION, PROCEDURE & CASES](https://lawfoyer.in/introduction-to-cybersecurity-laws-of-india-provision-procedure-cases/) - Author: KRUTTIKA KARALE, DES SHRI NAVALMAL FIRODIA LAW COLLEGE Edited By: Ritesh Singh Shekhawat, MJRPU, Jaipur INTRODUCTION With the fast pacing and advancing technology, the usage of the internet is increasing rapidly and so is the rate of cybercrime. The rise of cybercrime, often known as e-crimes (electronic crimes), is a major challenge confronting today's - [Remedies Against Climate Change Under Indian Environmental Law: Provisions, Principles, Cases and Procedure](https://lawfoyer.in/remedies-against-climate-change-under-indian-environmental-law-provisions-principles-cases-and-procedure/) - Author: Bhavya Rathore, UFYLC, Jaipur, Rajasthan Edited By: Gyanu Patel, Amity University Lucknow, U.P. INTRODUCTION “We are the first generation to feel the sting of climate change, and we are the last generation that can do something about it.” – Jay Inslee Is Climate Change happening? It’s funny people are still arguing about that. For - [Constitutionality of Section 303 IPC & Capital punishment](https://lawfoyer.in/constitutionality-of-section-303-ipc-capital-punishment-2/) - Author: Ishan Mishra, K.R. Mangalam University Edited By: Gyanu Patel, Amity University Lucknow (UP) INTRODUCTION A person accused of any crime until & unless convicted just like the other citizens has the complete right to live with dignity as is enshrined & provided by the Constitution of India. The expression “Capital Punishment” is the most - [Victim Friendly Provision Under Pocso:- Principals And Cases Laws](https://lawfoyer.in/victim-friendly-provision-under-pocso-principals-and-cases-laws/) - Name of Author- Chanchal Kumari Sharma, ICFAI University, Jaipur Edited by - Sulesh Choudhary INTRODUCTION According to the All India Census 2011, children account for 39% of the population, Many of them are vulnerable to child sexual abuse (CSA). According to the data from the National Crime Records Bureau (NCRB), crime against minors increased from - [Powers and Duties of Director under Company Law](https://lawfoyer.in/powers-and-duties-of-director-under-company-law/) - Name of Author- Anukriti Mathur, HPNLU Edited by - Sulesh Choudhary INTRODUCTION The Company is considered as an artificial person who can own property, sue and can be sued but the collective body of individuals known as the Board of Directors conducts all activity on behalf of the company. The Board of Directors are vested - [Procedure of Filling Consumer Complaint Under CPA, 2019](https://lawfoyer.in/procedure-of-filling-consumer-complaint-under-cpa-2019/) - Name of Author- Arohi Bhardwaj, University Five Year Law College, Rajasthan Edited by - Sulesh Choudhary INTRODUCTION “A Consumer is the most important visitor on our premises. He is not dependent on us, we are on him. He is not an interruption to our work; he is the purpose of it. We are not doing - [Practically Using Concepts of Contract Law in Drafting Business Contracts: Provisions, Doctrines and Important clauses](https://lawfoyer.in/practically-using-concepts-of-contract-law-in-drafting-business-contracts-provisions-doctrines-and-important-clauses/) - Name of Author- Lalidhambha.S, Government Law College, Dharmapuri Edited by - Sulesh Choudhary INTRODUCTION According to the Indian Contract Act 1872, section 2(h) the agreement which is enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and - [QUASI CONTRACT UNDER INDIAN CONTRACT ACT](https://lawfoyer.in/quasi-contract-under-indian-contract-act/) - Author: Harsita Karki, Vasudev College of Law, Haldwani, Kumaon University, Nainital, Uttarakhand Edited By: Ritesh Singh Shekhawat, MJRPU, Jaipur INTRODUCTION There is a Latin maxim from Roman law, "Nemo debit locupletari ex alien bacteria" which states that from one person’s suffering another person should not be benefitted unfairly. That can be said in this way - [ARTICLE 14: EQUALITY BEFORE LAW, EQUAL PROTECTION OF LAW AND DICEY’S RULE OF LAW](https://lawfoyer.in/article-14-equality-before-law-equal-protection-of-law-and-diceys-rule-of-law/) - Author: SADHVIKA.S, GOVERNMENT LAW COLLEGE, TRICHIRAPALLI Edited By: Ritesh Singh Shekhawat, MJRPU, Jaipur INTRODUCTION Art[1].14 to 18 of the constitution guarantees the right to equality to every citizen of India. Art.14 embodies the general principles of equality before the law and prohibits unreasonable discrimination between persons. Art. 14 embodies the idea of equality expressed in - [Jolly George Verghese vs State Bank of Cochin](https://lawfoyer.in/jolly-george-verghese-vs-state-bank-of-cochin/) - Name of Author-Riya Kore, DES Shri Navalmal Firodia Law College Edited by - Sulesh Choudhary ABSTRACT / HEADNOTE In this case, Jolly George Verghese vs State Bank of Cochin, the petitioner is Jolly George Verghese. He borrowed a loan from Respondent Bank for his property. Later on, the time for its repayment and the petitioner - [Public Interest Foundation and Others v. Union of India and Another (2018)](https://lawfoyer.in/public-interest-foundation-and-others-v-union-of-india-and-another-2018/) - Name of Author- Sagar Mazumdar, Rabindra Shiksha Sammillani Law College, University of Calcutta Edited by - Sulesh Choudhary ABSTRACT / HEADNOTE The case mainly depicts the growing criminalisation of politics in India. Persons with criminal cases against them kept on increasing in the political field. The petitioners urged the Supreme Court to disqualify members with - [Ashok Thakur V Union of India (2008)](https://lawfoyer.in/ashok-thakur-v-union-of-india-2008/) - Name of Author- Tushar Rana, UPES, Dehradun Edited by - Sulesh Choudhary ABSTRACT The Ashok Thakur v. Union of India verdict of the Supreme Court in 2008 is yet another milestone in this journey toward social equality within Indian society. The landmark case upheld constitutional changes permitting reservations for the underprivileged in educational institutions, aiming - [Union of India Vs. Deloitte Haskins and sells LLP](https://lawfoyer.in/union-of-india-vs-deloitte-haskins-and-sells-llp/) - Name of Author- Lalidhambha S., Government Law College, Dharmapuri Edited by - Sulesh Choudhary ABSTRACT / HEADNOTE This case deals with the provisions of Section 140(5) of the Companies Act, 2013 which deals with the Removal and resignation of the Auditor and giving of special notice mentioned in Chapter 10 of the act which deals - [Behram Khurshid Pesikaka Vs State of Bombay](https://lawfoyer.in/behram-khurshid-pesikaka-vs-state-of-bombay/) - Name of Author- Bhavya Rathore, UFYLC, University Of Rajasthan, Jaipur Edites by- Sulesh Choudhary ABSTRACT / HEADNOTE This appeal by special leave is against the judgment rendered by the High Court of Judicature at Bombay, which reversed the appellant's order of acquittal from the Court of the Presidency Magistrate, 19th Court, Bombay, finding him guilty - [Unibros v. All India Radio, 2023 SCC OnLine SC 1366](https://lawfoyer.in/unibros-v-all-india-radio-2023-scc-online-sc-1366/) - Name of Author- Vaibhav Pandey, Amity Law School, Amity University, Lucknow, Uttar Pradesh Name of Editor- Sulesh Choudhary ABSTRACT / HEADNOTE In the case of Unibros vs All India Radio, (2007) 8 SCC 625, The Supreme Court of Indian had occasion to deal with a longstanding dispute emanating out from delayed completion of construction contract - [State of Maharashtra v. Indian Hotel and Restaurants Association (2013) 8 SCC 519](https://lawfoyer.in/state-of-maharashtra-v-indian-hotel-and-restaurants-association-2013-8-scc-519/) - Author: Vivek V. Yadav, DR. D. Y. Patil College of Law Edited by: Ritesh Singh Shekhawat ABSTRACT / HEADNOTE The Supreme Court of India's important ruling examines the legality of changes to the Bombay Police Act, of 1951, which bans dancing in restaurants, hotel rooms, or bars. The case explores the fine line between the - [DELHI JUDICIAL SERVICE ASSOCIATION V/S STATE OF GUJARAT (1991)](https://lawfoyer.in/delhi-judicial-service-association-v-s-state-of-gujarat-1991/) - Author: Komalpreet Kaur, ARMY INSTITUTE OF LAW, MOHALI Edited by: Ritesh Singh Shekhawat ABSTRACT/ HEADNOTE The Delhi Judicial Service Association v State of Gujarat[1] case highlighted an incident where a Chief Judicial Magistrate faced mistreatment by police officers. The Supreme Court's swift intervention, prompted by public outcry and legal petitions, led to the removal of - [B.P. SINGHAL Vs UNION OF INDIA](https://lawfoyer.in/b-p-singhal-vs-union-of-india/) - Author: Vishakha Yadav, DES’s SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE Edited by: Ritesh Singh Shekhawat ABSTRACT / HEADNOTE The case of B.P. Singhal Vs Union of India and Anr. is a landmark judgment in Indian history. The case started as PIL under a writ petition of article 32. The governors of four states i.e. Goa, - [Community Service as a Punishment under BNS: Provisions, Theories and Cases](https://lawfoyer.in/community-service-as-a-punishment-under-bns-provisions-theories-and-cases/) - Author: Sonal Rai, Innovative Institute of Law Edited By: Gyanu Patel, Amity Law School, Lucknow Abstract Community service punishment is a legal reformative form of punishment in which convicts of certain offenses are made to perform such service which is unpaid. The criminal justice administration in India is a dynamic mechanism in the society, and - [Article 14 and Doctrine of Affirmative Action](https://lawfoyer.in/article-14-and-doctrine-of-affirmative-action/) - Author: Vivek Gautam Edited by: Sulesh Choudhary INTRODUCTION The structure of India guarantees the Right to Adjust utilizing 5 articles, particularly articles 14 to 18. Correspondence is one of the major prerequisites for the fitting working of a well-known government in a nation. The precept of correspondence a few times as of late the law - [Amendments in the Indian Constitution](https://lawfoyer.in/amendments-in-the-indian-constitution/) - Author: Ayushi Verma Edited by: Sulesh Choudhary INTRODUCTION “Constitution is not a mere lawyers’ document, it is a vehicle of Life, and its spirit is always the spirit of Age.” - Dr BR Ambedkar A Constitution is a fundamental and a living document. It lays down the framework of organs of Government of a state. - [Geographical Indications Tags as Intellectual Property in India: Provisions, Procedures & Case Studies](https://lawfoyer.in/geographical-indications-tags-as-intellectual-property-in-india-provisions-procedures-case-studies/) - Author: Shruti Bharat Mohite Edited by: Sulesh Choudhary INTRODUCTION In this era of globalization, boundaries are no more boundaries. International players have found their way to pierce into the nook and cranny of the globe. Meanwhile, globalization has also adversely affected rural products, in turn affecting the livelihood of communities. There is a wide threat - [Tehseen S. Poonawalla vs Union Of India and Others](https://lawfoyer.in/tehseen-s-poonawalla-vs-union-of-india-and-others/) - Author: Ayushi Verma Edited by: Sulesh Choudhary ABSTRACT The present case law is related to the matter of cow vigilantism and mob violence. Cow vigilantism and mob violence caused a lot of disturbances in the Country. Many people who were not even guilty lost their lives. Some got severely injured. Therefore, a writ petition was - [Union of India and ors. etc vs. Virpal Singh Chauhan and Ors.](https://lawfoyer.in/union-of-india-and-ors-etc-vs-virpal-singh-chauhan-and-ors/) - Author: Abhishek Varshney Edited by: Sulesh Choudhary ABSTRACT / HEADNOTE Some of the questions that have dominated Indian reservation jurisprudence for more than half a century are whether the State could make a provision for reservation in promotion under Article 16(4)? If yes, then in what manner? The answers to these questions remain unresolved, in - [M.R Balaji and Others vs State of Mysore](https://lawfoyer.in/m-r-balaji-and-others-vs-state-of-mysore/) - Author: Harsita Karki Edited by: Sulesh Choudhary ABSTRACT: “Equality may be a fiction but nonetheless one must accept it as a governing principle.” Dr, B.R. Ambedkar Equality is a basic human right that every individual in a society craves. In the Constitution of India articles 14 to 18 deal with right to equality. More specifically - [Union Carbide Corp. v. Union of India](https://lawfoyer.in/union-carbide-corp-v-union-of-india/) - Author: Kajal Jain Edited by: Sulesh Choudhary ABSTRACT / HEADNOTE The Union Carbide (India) Ltd.. (UCIL), a sister concern of Union Carbide Corporation (UCC) owned and operated in Bhopal, a chemical plant manufacturing pesticides, one of the ingredients in the composition being Methyl Isocyanate (MIC), considered to be the most toxic chemical in industrial - [S.R. Bommai Vs Union of India](https://lawfoyer.in/s-r-bommai-vs-union-of-india/) - Author: Ishrat Edited by: Sulesh Choudhary ABSTRACT / HEADNOTE: S.R. Bommai Vs UOI[1] is landmark case for article 356 this case crystal clears the power of President under article 356. this case is also talk about the basic structure doctrine and judicial review of power of president under article 356. This the leading case related - [Union of India & Anr v/s Balbir Singh & Anr.](https://lawfoyer.in/union-of-india-anr-v-s-balbir-singh-anr/) - Author: Diksha Patole Edited by: Sulesh Choudhary ABSTRACT The case between Union of India & Anr vs. Balbir Singh & Anr decided on 5th May, 1998 is based on the present dismissal of the Balbir Singh (respondent), the former Sub-Inspector in Delhi Police, following the assassination of the then Prime Minister Indira Gandhi in 1984. - [Kuldeep Nayar Vs Union of India](https://lawfoyer.in/kuldeep-nayar-vs-union-of-india/) - Author: Shruti Bharat Mohite Edited by: Sulesh Choudhary ABSTRACT / HEADNOTE In the case Kuldeep Nayar Vs Union of India, Kuldeep nayar is a petitioner and he files a writ petition under Article 32 of constitution of India, challenging the changes made in The Representation of people act, 1951 through the representation of people (Amendment) - [S.P. Mittal v Union of India, 1983](https://lawfoyer.in/s-p-mittal-v-union-of-india-1983/) - Author: Shreya Gupta Edited by: Sulesh Choudhary ABSTRACT In the case of “S.P. Mittal Etc. Vs. Union of India and Others (1982)”, there is an excellent view of the Supreme Court in proofing the constitutional validity of the Auroville (Emergency Provisions) Act, 1980. The Court highlighted the said Act which was aimed to address serious - [Bandhua Mukti v/s Union of India](https://lawfoyer.in/bandhua-mukti-v-s-union-of-india-2/) - Author: Ashmit Srivastava Edited by: Sulesh Choudhary ABSTRACT The landmark case Badhua Mukti Morcha v/s. Union of India highlights the crucial and most depraving section of our nation that is the bounded - labour along with the exploitation and the inhumane treatment by the Quarry owners to their labours, collectively the Supreme Court, exercising its - [Sodan Singh Vs. New Delhi Municipal Corporation](https://lawfoyer.in/sodan-singh-vs-new-delhi-municipal-corporation/) - Author: Ishan Mishra Edited by: Sulesh Choudhary ABSTRACT In this case, a landmark case decided by the Supreme Court, the Supreme Court of India had addressed the rights of the street traders in New Delhi. The petitioners, comprising various street vendors & hawkers, had claimed their fundamental right to engage in the trading occupation on - [ROLE OF THE INTERNAL COMPLAINTS COMMITTEE UNDER POSH ACT: PROVISIONS, CASES AND PROCEDURE](https://lawfoyer.in/role-of-the-internal-complaints-committee-under-posh-act-provisions-cases-and-procedure/) - 1. INTRODUCTION Over the past few years, there has been an extensive transformation in the role of women in India due to traditional responsibilities that placed all household chores and income generation on women’s shoulders until now. The person who believes that a woman is capable of protecting herself in any situation misses the worst - [Possession and Ownership: A Jurisprudential Analysis](https://lawfoyer.in/possession-and-ownership-a-jurisprudential-analysis/) - Introduction Possession and ownership are some of the vital concepts in the field of Jurisprudence as they are the basis of property law and impact different legal, societal, and economic systems. It is necessary to consider these concepts to realize how roles and responsibilities for fulfilling rights are divided between people in a society. This - [REMEDIES AGAINST FOOD ADULTERATION: PROVISIONS, CASES, PROCEDURE AND PRINCIPLES](https://lawfoyer.in/remedies-against-food-adulteration-provisions-cases-procedure-and-principles/) - Author: Ritika Ahari Edited By: Aneel Meghani INTRODUCTION- Food is the basic and primary need of the person. Food adulteration is a major problem in society that may exist due to high demand and moderate supply, the high demand for food products is increasing due to inflation in population. In a Country like India, - [Protection of Women from Sexual Harassment: Provisions, Cases and Procedure](https://lawfoyer.in/protection-of-women-from-sexual-harassment-provisions-cases-and-procedure/) - Author:Bagya Shree L Editor: I Sharan Introduction: The workplace serves as a second home for many employers and employees as they spend 9 -10 hr per working day. It’s always the person who provides those jobs to ensure that it is the safest environment for the workers to work without any harassment, misleading behaviour and - [Legal Remedies Against Cyber Harassment and Online Hate Speech in India](https://lawfoyer.in/legal-remedies-against-cyber-harassment-and-online-hate-speech-in-india/) - Author:Apurva Sanjay Shah Editor: I Sharan Introduction: The internet has become integral to our lives in this IT era. During the past few years, widespread internet and technology use has influenced how people communicate. In the recent few years, there has been a significant evolution in the internet and technology involved in our day-to-day communication. - [Appeals Under Criminal Law from Conviction/Acquittal](https://lawfoyer.in/appeals-under-criminal-law-from-conviction-acquittal/) - Author: Diksha Patole Edited by: A I Sugandesh INTRODUCTION: “Is an appeal the insignia of democratic assets integrally entwined with the machinery provided for dispensation of justice.” For a casual observer, the criminal proceeding may invariably conclude as soon as the verdict is entered, or punishment is imposed. In the conduct of criminal proceedings, - [Mob lynching: Provisions Under BNS](https://lawfoyer.in/mob-lynching-provisions-under-bns/) - Author: Gupta Aryan Rajesh Editor: I Sharan Introduction Diamond is the most expensive element in the world but the life of a person is more precious and invaluable in the world. Mob means group of people and lynching word is derived from the name of Charles Lynch who punished the offender without the due trial. - [Forensic Science Techniques: Role in Criminal Investigation and Trial](https://lawfoyer.in/forensic-science-techniques-role-in-criminal-investigation-and-trial/) - Author: Anisha Parveen Editor: I Sharan INTRODUCTION Forensic science is the use of scientific methods to help solve crimes and support law enforcement. It involves answering important legal questions by analysing evidence from crime scenes. Various scientific fields are involved in forensic science: e.g. Physics helps understand things like blood splatter patterns. Biology identifies unknown - [DIVORCE UNDER THE HINDU MARRIAGE ACT, 1955: PROVISIONS, CASES, AND PROCEDURE](https://lawfoyer.in/divorce-under-the-hindu-marriage-act-1955-provisions-cases-and-procedure/) - Author Name: SHRADDHA PATIL Editor Name: Krishna Parmar ABSTRACT: Marriage refers to an institution where two people get involved in a stable and socially permissible relationship legally bound by different personal laws. In the case of Hindus, a marriage is bound by the Hindu Marriage Act, of 1955. The procedures to be followed during the - [Remedies against Marital Rape under BNS, PWDV Act, and Family Law](https://lawfoyer.in/remedies-against-marital-rape-under-bns-pwdv-act-and-family-law/) - Author: Ayushi Bral Edited By: Krishna Parmar INTRODUCTION “The meaning and content of the fundamental rights guaranteed in the Constitution of India are sufficient amplitudes to encompass all facets of gender equality….” -Late Chief Justice J.S. Verma, Supreme Court of India, Vishaka v. State of Rajasthan Although the Supreme Court and the Constitution of India - [Constitutionality of Section 303 IPC & Capital Punishment](https://lawfoyer.in/constitutionality-of-section-303-ipc-capital-punishment/) - Name: Ishan Mishra Edited By- Biraj Kumar Sarkar Constitutionality of Section 303 IPC & Capital Punishment INTRODUCTION A person accused of any crime until & unless convicted just like the other citizens has the complete right to live with dignity as is enshrined & provided by the Constitution of India. The expression “Capital Punishment” - [Bail in PMLA Cases: Important Provisions and Case Laws](https://lawfoyer.in/bail-in-pmla-cases-important-provisions-and-case-laws/) - Name: Kajal Jain Edited by- Biraj Kumar Sarkar INTRODUCTION “The issue of bail is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a developed jurisprudence of bail is integral to a socially sensitized judicial process”[1] Recently on June 21, the ED (Enforcement Directorate) moved to Delhi - [The Principle of Liquidated Damages: Balancing Compensation and Penalty in Contract](https://lawfoyer.in/the-principle-of-liquidated-damages-balancing-compensation-and-penalty-in-contract/) - Author: Nayan Kumar Agarwal Editor: I Sharan Introduction There is a presumption in every contractual agreement that the parties will carry out their share of the duties and obligations stated therein. According to Section 37 of the Indian Contract Act, 1872 (soon to be referred to as the "Act"), parties to a contract are required - [Tussle between patent rights and compulsory licensing in pharmaceutical industries: provisions cases and solutions](https://lawfoyer.in/tussle-between-patent-rights-and-compulsory-licensing-in-pharmaceutical-industries-provisions-cases-and-solutions/) - Author: C Thiruvikram Edited by: Shadrack Chai INTRODUCTION: Both the concepts of compulsory licensing and patent rights have their differences and usages. Yet there is lately a large worldwide struggle/tussle between patent rights and compulsory licensing. A patent right is nothing but the ownership of any medicine that is invented and the compulsory license of - [The role of international human rights law in addressing the challenges of climate change and environmental degradation](https://lawfoyer.in/the-role-of-international-human-rights-law-in-addressing-the-challenges-of-climate-change-and-environmental-degradation/) - Author:Upasana Saikia Edited by: Shadrack Chai INTRODUCTION According to Resolution 26/27 of the United Nations Human Rights Council, it is stressed that climate change is a worldwide issue that necessitates a worldwide resolution. The Council urged for global collaboration in enforcing the United Nations Framework Convention on Climate Change (UNFCCC) to help countries address human - [Mutual Divorce under HMA, 1955](https://lawfoyer.in/mutual-divorce-under-hma-1955/) - Author: Happy Kushwah Edited by: Shadrack Chai INTRODUCTION Mutual divorce under the Hindu Marriage Act, of 1955, is a legal provision allowing couples to end their marriage amicably. Introduced as a progressive step, it recognizes that not all marriages can succeed, and sometimes, separation is the best option for both partners. Unlike contentious divorces, mutual - [Right of Accused Persons under Article 22: Principles and Important Cases](https://lawfoyer.in/right-of-accused-persons-under-article-22-principles-and-important-cases/) - Author: Chahat Gugliya Edited by: Sankalp Vashistha INTRODUCTION “Anyone can be falsely accused of a crime. Everyone accused of a crime deserves a fair trial.” - John Garamendi. In every democratic and civilized nation that is being governed by the principle of "Rule of Law", there exist certain rights of an accused person which preserves - [ACTS OF TERRORISM UNDER BNS:PROVISIONS, PRINCIPLES, PROCEDURE](https://lawfoyer.in/acts-of-terrorism-under-bnsprovisions-principles-procedure/) - Author: Ashmit Srivastava Edited by: Sankalp Vashistha INTRODUCTION The spectre of terrorism has cast a long, portentous shadow over the global geography, challenging robust legal fabrics to combat its multifaceted pitfalls. India, a nation scuffling with its own share of terror-convinced challenges, has precipitously evolved its anti-terrorism legislative armature. The Bhartiya Nyaya Sanhita (BNS), a - [N. Adithayan vs The Travancore Devaswom Board & Ors](https://lawfoyer.in/n-adithayan-vs-the-travancore-devaswom-board-ors/) - Author: Sneha Rani Edited by: Sankalp Vashistha Abstract This paper involves an analysis of the case of N. Adithayan v The Travancore Devaswom Board & Ors regarding the controversy over the appointment of a non-Brahmin priest (Santhikaran) at the Kongorpilly Neerikode Siva Temple in Kerala as worked out by the Supreme Court of India. A - [RIGHT TO RELIGION UNDER THE INDIAN CONSTITUTION](https://lawfoyer.in/right-to-religion-under-the-indian-constitution/) - Author: Supragya Singh, Student, R.M.L.N.L.U., Lucknow. Edited by: Madhumita Saha, Student, Lajpat Rai Law College, Sambalpur University, Odisha. INTRODUCTION Mahatma Gandhi once said, “There is a higher court than courts of justice and that is the court of conscience. It supersedes all other courts.[1]” The quote by Mahatma Gandhi emphasizes the importance of one’s conscience - [MATERNITY BENEFIT UNDER LABOUR LAW](https://lawfoyer.in/maternity-benefit-under-labour-law/) - Author: Affra Mohamed Mubarak, Student, Government Law College – Tiruchirappalli. Edited by: Madhumita Saha, Student, Lajpat Rai Law College, Sambalpur University, Odisha. INTRODUCTION In India, nowadays women have been playing a crucial role as labour/working women. They have become financially independent and supportive of their family responsibility. They can work for both the house and - [Conditions of Patentability under Patent Act: Provisions, Cases and Principles](https://lawfoyer.in/conditions-of-patentability-under-patent-act-provisions-cases-and-principles/) - Author: Ishika Goyal, Student, Delhi Metropolitan Education (IP university) Edited by: Madhumita Saha, Student, Lajpat Rai Law College, Sambalpur University, Odisha. INTRODUCTION A patent is typically an exclusive right awarded for an invention, product or even a process that is beneficial and provides a new way of doing something or even a new technical solution - [Constitutionality of waqf act, 1955](https://lawfoyer.in/constitutionality-of-waqf-act-1955/) - Author: Nitin Kumar Edited By: Aneel Meghani INTRODUCTION In Islam, a "waqf" is a trust-held property endowment used for religious or philanthropic purposes. According to, Section 3(r) of the Waqf Act, 1995, it is the permanent donation, in Muslim law, of any moveable or immovable property by an individual for pious, religious, or charitable purposes. - [Nirmal Singh Kahlon v/s State of Punjab AIR 2009 SC 984](https://lawfoyer.in/nirmal-singh-kahlon-v-s-state-of-punjab-air-2009-sc-984/) - Author: Swareena Singh Edited By- Biraj Kumar Sarkar ABSTRACT The Supreme Court reviewed whether the conviction was legally valid and if the trial followed proper procedures under the Prevention of Corruption Act. They looked at whether there was enough evidence, whether the trial was conducted fairly, and if the correct legal standards were applied. The - [Saghir Ahmed v. State of Uttar Pradesh](https://lawfoyer.in/saghir-ahmed-v-state-of-uttar-pradesh/) - Author: Supragya Singh Edited by: Biraj Kumar Sarkar ABSTRACT / HEADNOTE The appellants in the case were private bus owners who used to ply their buses on public for passenger service through permits granted under the Motor Vehicles Act of 1939, though the state had an exemption. The state of Uttar Pradesh decided to nationalize - [Rohtas Bhankar & Ors v. Union of India (2014) 8 SCC 872](https://lawfoyer.in/rohtas-bhankar-ors-v-union-of-india-2014-8-scc-872/) - Author: Anchal Saini Edited by- Biraj Kumar Sarkar ABSTRACT / HEADNOTE Case analysis on Rohtas Bhankar Ors v. Union of India. In this case applicants seek a direction to declare the instructions issued by O.M as unconstitutional and issue an appropriate order reserving seats for SC/ST, So, the main issue whether reservation for promotion is - [P.V Narashima Rao vs. State](https://lawfoyer.in/p-v-narashima-rao-vs-state/) - Author: Bagya Shree L Edited By: Rimin Cherian Reji ABSTRACT In the case of P.V. Narasimha Rao vs. State, the Supreme Court decided whether MP are protected by parliamentary immunity under Article 105 of the Indian Constitution from prosecution for bribery and conspiracy related to their voting behavior. The Court ruled that MPs are not - [The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt](https://lawfoyer.in/the-commissioner-hindu-religious-endowments-madras-v-sri-lakshmindra-thirtha-swamiar-of-sri-shirur-mutt/) - Author: Suhani Bagadia Edited By: Sankalp Vashistha ABSTRACT / HEADNOTE In the present case, the respondent who was the Mathadhipati of the Shirur Mutt filed a petition in the High Court of Madras challenging the provisions of the Madras Hindu Religious and Charitable Endowments Act, 1951 and the High Court issued an order in favour - [T. Barai vs Henry Ah Hoe And Another](https://lawfoyer.in/t-barai-vs-henry-ah-hoe-and-another/) - Author: Krishang Sharma Edited by: Shadrack Chai ABSTRACT / HEADNOTE The case "T. Barai vs Henry Ah Hoe And Another”[1] by the Supreme Court of India on 7 December 1982, addresses important issues regarding the relationship between central and state laws in the context of food safety regulations. This case arose from a conflict between - [Anuj Garg v. Hotel Association of India (2008)](https://lawfoyer.in/anuj-garg-v-hotel-association-of-india-2008/) - Author: Anisha Parveen Edited by: Shadrack Chai ABSTRACT / HEADNOTES This case concerns whether certain laws that treat people differently based on gender and age are fair under India's Constitution. Specifically, the challenge is to a part of the Punjab Excise Act of 1914, which banned men under 25 and all women from working in - [Ajay Hasia vs Khalid Mujib Sehravardi](https://lawfoyer.in/ajay-hasia-vs-khalid-mujib-sehravardi/) - Author: Apurva Shah Edited by: Shadrack Chai ABSTRACT / HEADNOTE (not less than 150 words and more than 250 words) The Supreme Court case of Ajay Hasia vs. Khalid Mujib was centered around the issue of whether the Regional Engineering College comes under the definition of the concept ‘State’ mentioned in Article 12 and thus - [SARLA MUDGAL AND ORS. VS. U.O.I & ORS](https://lawfoyer.in/sarla-mudgal-and-ors-vs-u-o-i-ors/) - Author :Beradar Akash Edited By: Shadrack Chai ABSTRACT Sarla Mudgal vs Union of India is a landmark case in the history of India. This case deals with a rather complicated issue of bigamy about apostasy. In this case, a Hindu man remarried under Islam without divorcing his first Hindu wife. Thus, this act of the - [MANAGING DIRECTOR ECIL HYDERABAD etc. v. B. KARUNAKAR etc.](https://lawfoyer.in/managing-director-ecil-hyderabad-etc-v-b-karunakar-etc/) - Author: ritika ahari Edited by: A I Sugandesh ABSTRACT / HEADNOTE In this case, the question of law arises, through which there is a conflict between the decisions of the Supreme Court. To resolve the conflict the bench of three judges of the Supreme Court convened the Chief Justice to lay before the larger bench. - [RMDC VS. UNION OF INDIA AIR 1957 SC 628](https://lawfoyer.in/rmdc-vs-union-of-india-air-1957-sc-628/) - Author: Sadhvika S Edited by: A I Sugandesh ABSTRACT / HEADNOTE: The R.M.D. Chamarbaugwalla vs. Union of India is a landmark judgement for the doctrine of severability under ART.13. This judgement has a basic ground related to ART.13. In this RMDC case, the wider sense of prize competition definition was interpreted that it includes only - [State of Bombay and Ors. v. F.N. Balsara](https://lawfoyer.in/state-of-bombay-and-ors-v-f-n-balsara/) - Author: Sonal Rai Edited by: Shadrack Chai ABSTRACT Judgement Cause Title / Case Name State of Bombay and Ors. v. F.N. Balsara Case Number Civil Appeal No. 182 of 1951 Judgement Date 25/05/1951 Court Supreme Court of India Quorum / Constitution of Bench Saiyid Fazal - [M.P. Sharma v. Satish Chandra](https://lawfoyer.in/m-p-sharma-v-satish-chandra/) - Author: Happy Kushwah Edited by: Shadrack Chai ABSTRACT M.P. Sharma v. Satish Chandra is a landmark case in Indian constitutional law that dealt with the interpretation of the right to privacy under Article 21 of the Constitution of India. The case was decided by an eight-judge bench of the Supreme Court of India in 1954. - [DR. SUBHASH KASHINATH MAHAJAN VS STATE OF MAHARASHTRA (AIR 2018 SC 1498)](https://lawfoyer.in/dr-subhash-kashinath-mahajan-vs-state-of-maharashtra-air-2018-sc-1498/) - Author: Saurav Kumar Edited by: Shadrack Chai Name Of the case case/case title DR. SUBHASH KASHINATH MAHAJAN VS. STATE OF MAHARASTRA (AIR 2018 SC 1490) Case No CRIMINAL APPEAL NO. 416 OF 2018 Date of the order 20-03-2018 Citation Criminal Appeal No. 416 Of 2018 (Arising Out of Special - [Madhu Kishwar & ors v. State of Bihar & ors](https://lawfoyer.in/madhu-kishwar-ors-v-state-of-bihar-ors/) - Author: Rozy Parveen Edited by: Shadrack Chai ABSTRACT Writ petitions were filed under Article 32 of the Indian Constitution against the State of Bihar, including a PIL by Smt. Madhu Kishwar, editor of "Manushi," on behalf of tribal women, and individual petitions by Smt. Sonamuni and Smt. Muki Dui of the Ho tribe. They challenged - [BANDHUA MUKTI V/S UNION OF INDIA](https://lawfoyer.in/bandhua-mukti-v-s-union-of-india/) - Author: Ashmit Srivastava, Shri Ramswaroop Memorial University Edited by: Madhumita Saha, Lajpat Rai Law College, Sambalpur University ABSTRACT The landmark case Badhua Mukti Morcha v/s. Union of India highlights the crucial and most depraving section of our nation which is the bounded - labour along with the exploitation and the inhumane treatment by the Quarry - [Vineet Narain v. Union of India (1998) 1 SCC 226](https://lawfoyer.in/vineet-narain-v-union-of-india-1998-1-scc-226/) - Author: Chahat Gugliya Edited by: Madhumita Saha ABSTRACT This case is a landmark judgment by the Supreme Court of India highlighting systemic corruption and the independence of investigative agencies. Public Interest Litigation (PIL) filed by journalist Vineet Narain, highlighting the inaction of the Central Bureau of Investigation (CBI) and other agencies in probing corruption - [Delhi Development Authority vs Skipper Construction Company (P) Ltd. & Another](https://lawfoyer.in/delhi-development-authority-vs-skipper-construction-company-p-ltd-another/) - Author: Shraddha Patil Edited by: Madhumita Saha CASE DETAILS: Case Name Delhi Development Authority v. Skipper Construction Company (P) Ltd. & Another Citation 1996 SCC (4) 622, 1996 AIR 2005, JT 1996 (4) 679 Judgement Date 06.05.1996 Court Supreme Court of India Quorum 2 Judges Author and Judges Author: Justice B.P. Jeevan Reddy Bench: - [Tata Engineering v. State of Bihar, AIR 1965 SC 40](https://lawfoyer.in/tata-engineering-v-state-of-bihar-air-1965-sc-40/) - Author: Anukriti Mathur Edited By: Aneel Meghani ABSTRACT British Economist, Hugh Dalton defines tax as a compulsory contribution imposed by public authority, irrespective of services rendered to the taxpayer1. Thus, we can see that the tax can only be levied by Public authority and such levy of tax should have backing by authority of Law.2 - [SHREYA SINGHAL V. UNION OF INDIA](https://lawfoyer.in/shreya-singhal-v-union-of-india/) - Author: Muskan Edited By: Aneel Meghani ABSTRACT This case was filed as Public Interest Litigation (PIL) in the Supreme Court regarding section 66A where appellant Shreya Singhal had challenged the constitutionality of Section 66A on the ground that it is violative of fundamental rights guaranteed to the citizens of India by the Constitution, on particular, - [Maganbhai Ishwarbhai Patel vs Union of India and Anr](https://lawfoyer.in/maganbhai-ishwarbhai-patel-vs-union-of-india-and-anr/) - Author: Dhanavel B Edited By: Aneel Meghani ABSTRACT Kutch is the place that exists between India and Pakistan. Due to natural instability of that region, none of valid boundaries had been marked between India and Pakistan in that region. The tribunal was constituted for demarcation of boundaries there. Later, the award was passed. Both governments - [SUKHDEV SINGH V. BHAGATRAM](https://lawfoyer.in/sukhdev-singh-v-bhagatram/) - Author: Gupta Aryan Rajesh Edited By: Aneel Meghani ABSTRACT This is the Landmark case regarding the removal or termination of the employees from the corporations. In this case, three employees named Bhagat Ram, Sunil Kumar Mukherjee, and Sukhdev Singh were allegedly removed from the Industrial Finance Corporation of India (IFC), Life Insurance Corporation of India - [Dharam Dutt & Ors vs Union Of India & Ors on 24 November, 2003](https://lawfoyer.in/dharam-dutt-ors-vs-union-of-india-ors-on-24-november-2003/) - Author: Shriya Tripathi Edited By: Parmar Krishna ABSTRACT / HEADNOTE The Indian President issued Ordinance No. 3 of 2000 on September 1, 2000, which mirrored the provisions of an earlier Ordinance from 1990. The established legitimacy of this statute was tested through C.W.P. No. 5174 of 2000 before the Delhi High Court Following a progression - [14th National Quiz on Indian Constitutional Law & Indian Polity by LawFoyer: Register by 14th August](https://lawfoyer.in/14th-national-quiz-on-indian-constitutional-law-indian-polity-by-lawfoyer/) - Final Answer Key Clarifications in Answer Key (Released) Check Results Download E-Certificate of Participation Dates Date of Quiz:- 15/08/2024 (5 Pm) Last Date to Apply:- 14/08/2024, 11:00 pm Result Declaration:- 18/08/2024 Prizes 1st prize- Rs 3000 + Winner Trophy + Hardcopy Certificate of (Excellence & Participation) 2nd prize- Rs 2000 + 1st Runner Up Trophy + Hardcopy Certificate - [State of Uttaranchal V. Balwant Singh Chaufal (2010) 3 SCC 402](https://lawfoyer.in/state-of-uttaranchal-v-balwant-singh-chaufal-2010-3-scc-402/) - Author: Ishika Goyal Edited by: Sulesh Choudhary & Madhumita Saha ABSTRACT / HEADNOTE The case of State of Uttaranchal vs Balwant Singh Chaufal & Ors revolves around the appointment of the advocate L.P Nathani as the Advocate General. The PIL was filed by the state, questioning the decision of the state regarding the qualifications in - [Waman Rao and Ors VS. Union of India](https://lawfoyer.in/waman-rao-and-ors-vs-union-of-india/) - Author: Jigyasa Rathore Edited by: Sulesh Choudhary & Madhumita Saha ABSTRACT / HEADNOTE: This Judgement Waman Rao and Ors VS. Union of India, addresses the constitutional validity of the Maharashtra Agriculture Lands (Ceiling on holding) Acts, 1961, and its following amendments. The act imposes the ceiling on agricultural landholdings to promote agrarian reforms and reduce - [Kehar Singh And Another Vs. Union Of India & Another, (1989) AIR 653](https://lawfoyer.in/kehar-singh-and-another-vs-union-of-india-another-1989-air-653/) - Author:- Shadrack Chai Chivatsi, a law student at University of Nairobi Edited by:- Rutvij Vyas, a law student at the Faculty of Law, GLS University ABSTRACT / HEADNOTE In this case, the Indian Supreme Court clearly discussed the President's power under Article 72 of the Constitution of India to grant pardons in a Criminal offence - [COMMUNIST PARTY OF INDIA(M) VS BHARAT KUMAR & ORS AIR (1998) 1 SCC 201](https://lawfoyer.in/communist-party-of-indiam-vs-bharat-kumar-ors-air-1998-1-scc-201/) - Auhtor: Gopika Khatri,UNIVERSITY OF PETROLEUM AND ENERGY STUDIES. Edited By: Pooja, Rayat College Of Law,Railmajra (Affiliated to Panjab University, Chandigarh). ABSTRACT / HEADNOTE In the landmark case of the Communist Party of India (Marxist) vs. Bharat Kumar & Ors (1997), the Supreme Court of India addressed the constitutional validity of organizing and enforcing "bandhs" - [Francis Coralie v. Union Territory of Delhi, AIR 1981 SC 746](https://lawfoyer.in/francis-coralie-v-union-territory-of-delhi-air-1981-sc-746/) - Author: Shalini Dhyani, Law Student at (Vasudev College of Law, Haldwani, Nainital) Edited By: Naman Jain, Law Student at Galgotias University ABSTRACT The protection of human rights is one of the core principles of Article 21 of the Constitution of India. Article 21 has been interpreted many times by the judiciary which has increased its - ["IPR Protection of Technological Innovations in India: Provisions, Precedents and Processes"](https://lawfoyer.in/ipr-protection-of-technological-innovations-in-india-provisions-precedents-and-processes/) - Author: Sankalp Vashistha Law Student at (ICFAI UNIVERSITY) Edited By: Naman Jain Law Student at Galgotias University Introduction Intellectual property rights (IPR) provide individuals and organizations with legal protection for their inventive and creative efforts by treating intellectual creations as intangible property for a predetermined period of time. These opportunities assume an urgent part in - [Ajit Singh v. State of Punjab, AIR 1999 SC 3471](https://lawfoyer.in/ajit-singh-v-state-of-punjab-air-1999-sc-3471/) - Name of the author- Mahalakshmi P student Government Law College , Dharmapuri Edited By - Anurupa Pal ABSTRACT / HEADNOTE In this case, deals with the important issue of reservation in employment. Here, there are three interlocutory applications presented for interpretation by the state of Punjab concerning this case, which dealt with seniority and promotion - [All India Adi Saiva Sivacharyargal Seva Sangam vs Dr B. Chandra Mohan](https://lawfoyer.in/all-india-adi-saiva-sivacharyargal-seva-sangam-vs-dr-b-chandra-mohan/) - Name of the author - SHAURYA SINGH KARASI, Chandigarh University Name of the Editor - Anurupa Pal ABSTRACT/HEADNOTE The All India Adi Saiva Sivacharyargal Seva Sangam (petitioner) filed a contempt petition against Dr. B. Chandra Mohan and Mr. J. Kumaragurubaran (respondents) alleging their disobedience of a court order dated August 5, 2021. This order, issued - [J.P Bansal v. State of Rajasthan, 2003](https://lawfoyer.in/j-p-bansal-v-state-of-rajasthan-2003/) - Author: Madhushree Pranesh Malekar, Student, S.T. Wilfred college of Law Edited by: Priyanshu Tyagi, Student, Mewar Law Institute, Vasundhra A) ABSTRACT / HEADNOTE The Constitution of India is the Supreme Law of India. The Constitution declares India a sovereign, a socialist, secular, and democratic republic, and assures citizens justice, equality, and liberty. and endeavors to - [GOVERENMENT OF NCT OF DELHI V. UNION OF INDIA, 2023 SCC OnLine SC 606](https://lawfoyer.in/goverenment-of-nct-of-delhi-v-union-of-india-2023-scc-online-sc-606/) - Author: Krishna Parmar, Law Student at Marwadi University Edited By: Manik Tindwani ABSTRACT / HEADNOTE The present case deals with the issue that arises from the partial statehood given to Union Terriority, Delhi [The National Capital Territory of Delhi]. There is a power struggle between the state government [Aam Admi Party led by Arvid Kejriwal] - [Babulal Parate vs The State of Bombay](https://lawfoyer.in/babulal-parate-vs-the-state-of-bombay/) - Author: Aneel Meghani, Law Student, Sindh Mehran Institute of Law, Jamshoro Edited By: Aman Tyagi, Law Student, University Five Year Law College, Jaipur ABSTRACT / HEADNOTE The Supreme Court of India held the validity of the States Reorganisation Act 1956, which formed a composite separate State of Bombay. The appellant challenged the Act, alleging that - [K.S. Puttaswamy v. Union of India](https://lawfoyer.in/k-s-puttaswamy-v-union-of-india/) - Author: I Sharan, Student, CHRIST (DEEMED TO BE) UNIVERSITY, BANGALORE Edited By: Aman Tyagi, Student, University Five Year Law College, Jaipur ABSTRACT / HEADNOTE The modern world is technology-based. Unlike the olden times when people were isolated from the world, modern people are all connected through the internet. The technological improvements pose a great threat - [SILENT FEATURES OF NEW CRIMINAL LAWS OF BHARAT](https://lawfoyer.in/silent-features-of-new-criminal-laws-of-bharat/) - Author: SANJAY KANNAN B, Student, BHARATH UNIVERSITY, CHENNAI Edited By: Aman Tyagi, Student, University Five Year Law College, Jaipur INTRODUCTION In this research article, the author just analyzed the silent features of New criminal laws in Bharat. As well as to analyze the distinction between new and old criminal laws (amended), According to the British rule - [Analyzing the Role of Plea Bargaining in Indian Criminal Justice System](https://lawfoyer.in/analyzing-the-role-of-plea-bargaining-in-indian-criminal-justice-system/) - Author: Biraj Kumar Sarkar, Student, (Surendranath Law College / University of Calcutta) Edited By: Aman Tyagi, Student, University Five Year Law College, Jaipur Introduction- The right to a speedy trial is a fundamental right guaranteed under Article 21 of the Indian constitution but in reality, more than 4 crore cases are pending in district and - [Krishna Kumar Singh & Anr. vs State of Bihar & Ors. (2017) 3 Supreme Court Cases (SCC) 1.](https://lawfoyer.in/krishna-kumar-singh-anr-vs-state-of-bihar-ors-2017-3-supreme-court-cases-scc-1/) - Author- Mayra Kumar, student, MIT World Peace University Edited by- Sushree Sangita Panda, student, Birla Global University. ABSTRACT / HEADNOTE (not less than 150 words and more than 250 words) The constitutionality of the State of Bihar government's 1989 "State of Bihar Non-Government Sanskrit Educational Institutions (Taking Over of Administration and Control) Ordinance" was issued - [D. S. Nakara V. Union of India, AIR 1983 SUPREME COURT 130](https://lawfoyer.in/d-s-nakara-v-union-of-india-air-1983-supreme-court-130/) - Author-Bhawna Chandrakar, student, Kalinga University Edited by- Sushree Sangita Panda, student, Birla Global University ABSTRACT This case is about the difference in pension of Central Employees, the employees were differentiated based on the date of retirement and pension was given accordingly which also created a class of pensioners, formed against the law. Three petitioners were - [DILIP B. JIWRAJKA VS UNION OF INDIA,2023 SC 1530.](https://lawfoyer.in/dilip-b-jiwrajka-vs-union-of-india2023-sc-1530/) - Author: Jaskeerat Singh, Law student at Christ University, Bangalore Edited by: Jahnvi Goel, Law student at Amity University. ABSTRACT / HEADNOTE In the landmark case of Dilip B. Jiwrajka vs Union of India[1], the Supreme Court of India affirmed the constitutional validity of Sections 95 through 100 of the Insolvency and Bankruptcy Code (IBC), 2016. - [EPURU SUDHAKAR Vs. GOVT. OF AP, AIR 2006 SUPREME COURT 3385](https://lawfoyer.in/epuru-sudhakar-vs-govt-of-ap-air-2006-supreme-court-3385/) - Author: Gaganpreet kaur gill, Law student at Chandigarh University. Editor: Jahnvi goel, Law student at Amity University. ABSTRACT In India , the pardoning power has been given in order to correct potential injustices and to provide clemency. Thus, in a simple words pardon means to ‘Releases a convict from further punishment for the crime’ and‘to - [Bhanwaroo Khan & ors vs Union of India & ors AIR 2002 SC 1614](https://lawfoyer.in/bhanwaroo-khan-ors-vs-union-of-india-ors-air-2002-sc-1614/) - Author- Farsana A S, Student, School of Legal Studies, CUSAT Edited by- Masooma Naqvi, Student, Amity University, Lucknow ABSTRACT / HEADNOTE A Writ Petition was made before the Hon’ble Supreme Court of India challenging an order of the Central Govt. in determining the citizenship of petitioners under the Indian Citizenship Act, 1955. The appellants voluntarily - [B & T AG vs Ministry of Defence , 2023 SCC Online SC 657](https://lawfoyer.in/b-t-ag-vs-ministry-of-defence-2023-scc-online-sc-657/) - Author: Pratyush Mahapatra, Law Student at L.R. Law College, Sambalpur University Edited by: Sushmana Pandey, Law Student at Amity University ABSTRACT The B & T AG vs Ministry of Defence case was a contractual disagreement over the purchase of 1,568 submachine guns. After signing the contract in 2012, problems emerged in 2016 with the Ministry’s - [Bennett Coleman & Co. & Ors vs Union Of India & Ors 1973 AIR 106](https://lawfoyer.in/bennett-coleman-co-ors-vs-union-of-india-ors-1973-air-106/) - Author: Aditya Shaw, Law Student at Heritage Law College. Edited By: Rituparna Panda, Law Student at Birla Global University. ABSTRACT The case Bennett Coleman & Co. Challenged the constitutionality of the Newspaper Control Policy. This policy imposed tight restrictions on importing and using newsprint (newsprint is described as white printing paper), significantly impacting the media - [FREEDOM OF TRADE, COMMERCE & INERCOURSE UNDER ARTICLE 301 R/W Article 19(1) g OF THE INDIAN CONSTITUTION](https://lawfoyer.in/freedom-of-trade-commerce-inercourse-under-article-301-r-w-article-191-g-of-the-indian-constitution/) - Author: Rimin Cherian Reji, New Law College, Bvdu Edited by : Naveena K , Chettinad School of Law INTRODUCTION Article 301, read with Article 19(1)(g) of the Indian Constitution, encompasses the concepts of "freedom of trade, commerce, and intercourse" and is critical in ensuring the free movement and exchange of goods throughout the country. Article - [CHINTAMAN RAO V/S STATE OF MADHYA PRADESH 1951 AIR 118](https://lawfoyer.in/chintaman-rao-v-s-state-of-madhya-pradesh-1951-air-118/) - Author: Marisha Pal Edited By: Rituparna Panda, Law student at Birla Global University. ABSTRACT / HEADNOTE This is one of the important landmark judgments that protect the fundamental right to practice any profession without any interference of the legislative policy, which is against the Constitution. The petitioners were the bidi makers and workers which was - [D.C. WADHWA & Ors vs STATE OF BIHAR & Ors (1986)1987 AIR 579;](https://lawfoyer.in/d-c-wadhwa-ors-vs-state-of-bihar-ors-19861987-air-579/) - Author :Rimin Cherian Reji , Law student at New Law College, BVDU. Edited by : Shruti Mayur , Law student at Amity University. CONTENTS CASE ANALYSIS ON.. 1 _________[D.C. Wadhwa & Ors vs State of Bihar & Ors (1986)]__________. 1 CONTENTS. 2 ABSTRACT. 3 CASE DETAILS: 4 INTRODUCTION AND BACKGROUND OF JUDGEMENT. 4 FACTS OF - [Chiranjit Lal Chowdhuri v. Union of India & Ors, 1951 AIR 41](https://lawfoyer.in/chiranjit-lal-chowdhuri-v-union-of-india-ors-1951-air-41/) - Author: Madhumita Saha, Student, Lajpat Rai Law College, Sambalpur University, Odisha Edited by: Gaurav Katiyar, Student, University of Lucknow TABLE OF CONTENTS CASE DETAILS…………………………………………………………………..4 INTRODUCTION AND BACKGROUND OF JUDGEMENT………………….4 FACTS OF THE CASE…………………………………………………………5-6 LEGAL ISSUES RAISED………………………………………………………6-7 PETITIONER/APPELLANT’S ARGUMENTS…………………………………7 RESPONDENT’S ARGUMENTS………………………………………………7-8 RELATED LEGAL PROVISIONS……………………………………………..8-9 JUDGEMENT………………………………………………………………….9-11 Ratio decidendi…………………………………………………………….10-11 Obiter dicta…………………………………………………………………..11 REFERENCES…………………………………………………………………..12 Important cases referred……………………………………………………..12 Important statutes referred………………………………………………….12 - [Campaign for Judicial Accountability and Reforms V. Union of India and Another](https://lawfoyer.in/campaign-for-judicial-accountability-and-reforms-v-union-of-india-and-another/) - Author: Aamish Priyam, Student, SS Jain Subodh Law College, Jaipur Edited by: Gaurav Katiyar, Student, University of Lucknow ABSTRACT / HEADNOTE (not less than 150 words and more than 250 words) In the case of Campaign for Judicial Accountability and Reforms V. Union of India and Another, the supreme court clarified the power and - [Maru Ram & Ors V. Union of India & Anr AIR 1980 SC](https://lawfoyer.in/maru-ram-ors-v-union-of-india-anr-air-1980-sc/) - Author: Mahaswetaa R, Student, Chettinad School of Law Kelambakkam Edited by: Priyanshu Tyagi, Student, Mewar Law Institue Vasundhra ABSTRACT : The petitioner in this case questioned the constitutional validity of Section 433A of the criminal procedure code. The pardoning powers of the president and government provided under Article 72 and 161 of the Constitution of - [Legal Remedies for Trespass to Person](https://lawfoyer.in/law-of-torts-legal-remedies-for-trespass-to-person/) - Author: Arsh Singh, Law Student at University of Petroleum and Energy Studies, Dehradun. Edited by: Shruti Mayur, Law student at Amity University. INTRODUCTION Trespass to a person is considered to be a direct interference with a person's body or liberty without any lawful justification. It is tried under tort which is civil law. Such torts - [The Concept of Consideration in Indian Contract Law](https://lawfoyer.in/the-concept-of-consideration-in-indian-contract-law/) - Author: Disha Vadwana, Student, KES’Shri Jayantilal H. Patel Law College Edited by: Gaurav Katiyar, Student, University of Lucknow INTRODUCTION Consideration is part of a valid contract in Indian contract law 1872, The word Consideration arise from Latin term quid pro quo,” which means “something for something.” When a person to an agreement promises to do - [Parshottam Lal Dhingra v. Union of India 1958 AIR 36](https://lawfoyer.in/parshottam-lal-dhingra-v-union-of-india-1958-air-36/) - Author:- Sonam Chahar is a law student at the Army Institute of Law Edited by:- Rutvij Vyas is a law student at the faculty of law, GLS University A)ABSTRACT / HEADNOTE In this case, the appellant Parshottam was appointed as an officiating chief controller(class II level post) in 1951. Before this, he was in class III post. - [Legal Framework for Carbon Trading in India](https://lawfoyer.in/legal-framework-for-carbon-trading-in-india/) - Author: Shadrack Chai Chivatsi, University of Nairobi Edited By: Team LawFoyer INTRODUCTION “Clean air and water and a viable climate are inalienable human rights and solving this crisis is not a question of politics. It is a moral obligation- if, admittedly, a daunting one.” - Quote by Leonardo DiCaprio, American actor and film producer. The - [JUDICIAL ACTISVISM IN INDIA: AN ANALYSIS](https://lawfoyer.in/judicial-actisvism-in-india-an-analysis/) - Author:- Devi Prasad Mishra is a law student at Lajpat Rai Law College, Sambalpur University. Edited by Rutvij Vyas, a Law Student at the Faculty of Law, GLS University. INTRODUCTION: Judicial activism denotes the proactive role played by the judiciary in the protection of the rights of citizens and the promotion of justice in society. - [M/S ALPINE HOUSING DEVELOPMENT CORPORATION PVT LTD VS ASHOK S DHARIWAL AND OTHERS](https://lawfoyer.in/m-s-alpine-housing-development-corporation-pvt-ltd-vs-ashok-s-dhariwal-and-others/) - Author: KOWSALYA K, Student, GOVERNMENT LAW COLLEGE DHARMAPURI AFFILIATED TO DR. AMBEDKAR LAW UNIVERSITY CHENNAI Edited by: Gaurav Katiyar, Student, University of Lucknow ABSTRACT Disputes emerged between Alpine Housing Development Corporation Pvt. Ltd. and Ashok S. Dhariwal, and the parties sought arbitrator. The arbitral panel issued an ex-parte award on March 12, 1998. Dhariwal did - [LEGAL PROVISIONS ON RAPE IN INDIAN PENAL CODE](https://lawfoyer.in/legal-provisions-on-rape-in-indian-penal-code/) - Author: MOMINA SAEED, Student, Student, INTERNATIONAL ISLAMIC UNIVERSITY ISLAMABAD Edited By: Gaurav Katiyar, Student, University of Lucknow INTRODUCTION: Rape is a serious violation of a person's physical and emotional boundaries, involving sexual intercourse or other forms of sexual penetration without their consent. Historically, the definition and understanding of rape have evolved significantly, influenced by the - [India’s Extradition Policy: Legal challenges and Developments](https://lawfoyer.in/indias-extradition-policy-legal-challenges-and-developments/) - Author- I Sharan, Christ deemed to be University, Bangalore Edited by- Masooma Naqvi, Amity University, Lucknow INTRODUCTION Extradition means the process of handing over a fugitive criminal to the requesting state for the offences they have committed in that Country. Extradition is based on the bilateral relationship between two countries. The countries enter into a - [PRASHANT KUMAR SAHOO V. CHARULATA SAHU, 2023 SCC ONLINE SC 36](https://lawfoyer.in/prashant-kumar-sahoo-v-charulata-sahu-2023-scc-online-sc-36/) - Author: Riya Singh, Law student at Amity Law school, Amity University Lucknow Edited by: Sushmana Pandey Law student at Amity University Lucknow ABSTRACT / HEADNOTE In a succinct yet thorough analysis, this document aims to simplify the essential points addressed within the Supreme Court's recent 68-page judgment related to the legal validity of including daughters - [Fast Track Arbitration in India](https://lawfoyer.in/fast-track-arbitration-in-india/) - Author: Karan Pratap Singh, University Five Year Law College, University of Rajasthan Introduction The growing importance of arbitration in India has led to a need for expedited arbitration proceedings to resolve disputes efficiently.[1] Fast track arbitration under Section 29B of the Arbitration and Conciliation Act, 1996 (the "Act") is a key development in this regard, - [Bishwanath Prasad And Others vs Dwarka Prasad (Dead) And Others on 30 October, 1973](https://lawfoyer.in/bishwanath-prasad-and-others-vs-dwarka-prasad-dead-and-others-on-30-october-1973/) - Author: Karan Pratap Singh, University Five Year Law College, University of Rajasthan A) ABSTRACT / HEADNOTE The Supreme Court of India, in this partition suit, upheld the concurrent findings of the trial court and the High Court which relied on admissions made by the plaintiffs and their father (8th defendant) in an earlier suit to - [Keshavan Madhava Menon vs The State Of Bombay](https://lawfoyer.in/keshavan-madhava-menon-vs-the-state-of-bombay/) - Author: Sankalp Vashistha, Law Student at ICFAI University Edited By: Aman Tyagi, Student at UFYLC, Jaipur, Rajasthan ABSTRACT / HEADNOTE The Indian Press (Emergency Powers) Act, 1931, was used to prosecute the petitioner who was Secretary of People's Publishing Houses India Ltd., in 1949 for the distribution of a pamphlet. He was arrested in December 1949 before the Indian - [INTRODUCTION TO INTERNATIONAL CRIMINAL LAW](https://lawfoyer.in/introduction-to-international-criminal-law/) - Author: A I SUGANDESH, Law student at Government Law College, Dharmapuri. Edited By: Aman Tyagi, Law Student at UFYLC, Jaipur, Rajasthan INTRODUCTION We know that the highest jurisdiction of the Indian judiciary system is the Supreme Court but, in case of an international crime take place where it should be adjudicated. These are the questions - [JOGINDER KUMAR V. STATE OF U.P. (1994)](https://lawfoyer.in/joginder-kumar-v-state-of-u-p-1994/) - Author: A I Sugandesh, Government Law College, Dharmapuri Edited By: Gyanu Patel, Law Student at Amity University, Lucknow, Uttar Pradesh ABSTRACT / HEADNOTE This case Joginder Kumar v. State of U.P. (1994) deals with the unlawful detention of an enrolled Advocate who was called by the Senior Superintendent of Police, Ghaziabad for making some enquiry - [INDIBILITY CREATIVE PVT. LTD. AND ORS. V. GOVT. OF WEST BENGAL & ORS](https://lawfoyer.in/indibility-creative-pvt-ltd-and-ors-v-govt-of-west-bengal-ors/) - Author: Sakshi Yadav, Amity University Lucknow Edited By: Gyanu Patel, Student at Amity University, Lucknow Campus ABSTRACT / HEADNOTE The Supreme Court of India declared an unofficial ban imposed by the West Bengal Government on a satirical film to be unconstitutional. They were producers of a Bengali film, Bhobishyoter Bhoot. The film was a satire - [ARTICLE 20 OF INDIAN CONSTITUTION](https://lawfoyer.in/article-20-of-indian-constitution/) - Author: Ajay Pratap Singh, Law student at Amity University. Edited by: Shruti Mayur, Law student at Amity University. INTRODUCTION There are three aspects to the protection provided by Article 20: Firstly, it affords one protection against ex-post fact laws as it holds that no one can be deprived of life, liberty, or property, or be - [Basheshar Nath v. Commissioner of Income Tax, 1959 AIR 149](https://lawfoyer.in/basheshar-nath-v-commissioner-of-income-tax-1959-air-149/) - Author: Icchanshi Srivastava, Law Student at Mahatma Gandhi Kashi Vidhyapith, Varanasi. Edited by: Peuli Chakraborty, Final Year Law Student, University of Burdwan, West Bengal. ABSTRACT / HEADNOTE Part 3 of the Constitution provides Fundamental Rights to citizens. The Indian Constitution does not provide any provisions for waiving fundamental rights because it guarantees and protects the - [Prem Chand Garg vs Excise Commissioner, U. P., Allahabad, 1963 AIR 996, 1963 SCR SUPL. (1) 885](https://lawfoyer.in/prem-chand-garg-vs-excise-commissioner-u-p-allahabad-1963-air-996-1963-scr-supl-1-885/) - Author: B.Eeshmitha Ranjani, Dr. B.R. Ambedkar college of law, Andhra University Edited by: Mansi, University Five Year Law College, University of Rajasthan, Jaipur A) ABSTRACT / HEADNOTE Fundamental rights ensure the protection of the people's interests. Our constitutional makers had adopted fundamental rights from the American Constitution. The constitutional remedies under Article 32 act as - [The Concept of Trespass to Person in Indian Tort Law](https://lawfoyer.in/the-concept-of-trespass-to-person-in-indian-tort-law/) - Author: Gopika Khatri, University of Petroleum and Energy Studies Edited By: Mansi, University Five Year Law College, University of Rajasthan, Jaipur A) INTRODUCTION This article aims to cover the following aspects related to Trespass to a person under Tort Law: 1. Definition:- An explanation and legal definition of trespass to a person. 2. Types of - [Bhikaji Narain Dhakras v. State of Madhya Pradesh and Another,1955 AIR 781, 1955 SCR (2) 58](https://lawfoyer.in/bhikaji-narain-dhakras-v-state-of-madhya-pradesh-and-another1955-air-781-1955-scr-2-58/) - Author- Aryaman Arora, University Five Year Law College, University of Rajasthan, Jaipur Edited By- Mansi, University Five Year Law College, University of Rajasthan, Jaipur A) ABSTRACT / HEADNOTE This case analysis examines the detailed issues related to pre and post-constitution laws. This case includes the parties CP Transport Service Servicing Transport company, these two big - [Defamation under Indian Penal Code and Bhartiya Nyay Sanhita: Provisions, Exceptions, Types, and Cases](https://lawfoyer.in/defamation-under-indian-penal-code-and-bhartiya-nyay-sanhita-provisions-exceptions-types-and-cases/) - Author: Pratyush Mahapatra, Lajpat Rai Law College, Sambalpur University Edited By: Gyanu Patel, Law Student at Amity University, Lucknow, Uttar Pradesh INTRODUCTION When someone injures the reputation of other by words or by any other act, it is called as defamation. Defamation in India is both a civil and criminal wrong. Treating defamation as a - [Principles of Natural Justice and Implementation in Criminal Justice of India](https://lawfoyer.in/principles-of-natural-justice-and-implementation-in-criminal-justice-of-india/) - Author: Shalini Dhyani, Law Student at Vasudev College of Law, Haldwani, Nainital Edited By: Gyanu Patel, Law Student at Amity University, Lucknow, Uttar Pradesh ABSTRACT The principle of natural justice is not a new concept in the criminal justice system in India. The natural justice system is the procedure of fairness. One of the most - [Om Prakash v. State of U.P., AIR 2004 SC 1896](https://lawfoyer.in/om-prakash-v-state-of-u-p-air-2004-sc-1896/) - Author: Arsh Singh, Law Student at UPES Dehradun Edited By: Gyanu Patel, Law Student at Amity University, Lucknow, Uttar Pradesh ABSTRACT / HEADNOTE In the landmark case of Om Prakash vs. State of Uttar Pradesh [2004] which was about the rule of banning the sale of non-vegetarian food, even eggs, in three specific towns which - [Indian Enviro Legal Council v. Union Of India](https://lawfoyer.in/indian-enviro-legal-council-v-union-of-india/) - Authored By - Anchita Srivastava, Amity Law School, Amity University LucknowEdited By - Rajarshi Tripathi ABSTRACT / HEADNOTE India is working on the cases through which it can establish strong environmental laws. However, In the case of “Indian Council for Enviro Legal Action v. Union Of India”, the SC issued a significant judgement on 8th - [Commissioner of Police vs Acharya Jagadishwarananda Avadhuta(2004) 12 SCC 770](https://lawfoyer.in/commissioner-of-police-vs-acharya-jagadishwarananda-avadhuta2004-12-scc-770/) - Authored By - Kajal Yadav, BIRLA GLOBAL UNIVERSITYEdited By - Rajarshi Tripathi CASE DETAILS INTRODUCTION AND BACKGROUND OF JUDGEMENT India is a secular country where the state always maintains peace. State cannot interfere in the religious aspect of any individuals. The case “Commissioner of police vs Acharya Jagadishwarananda Avadhuta” is popularly known as “Tandava Dance - [Dr. Pradeep Jain vs. Union of India and Ors.](https://lawfoyer.in/dr-pradeep-jain-vs-union-of-india-and-ors/) - Authored By - RIKTIKA, ASIAN LAW COLLEGEEdited By - Rajarshi Tripathi ABSTRACT / HEADNOTE This case concerned admission in U.G and P.G courses in medical courses where every state and Union territory followed the uniform and consistent decision for giving preferences to those students who have domicile or permanent residents of a State for a - [LEGAL ASPECTS OF CORPORATE FRAUD IN INDIA](https://lawfoyer.in/legal-aspects-of-corporate-fraud-in-india/) - Authored By - GAGANPREET KAUR GILL, CHANDIGARH UNIVERSITYEdited By - Rajarshi Tripathi INTRODUCTION In the corporate sphere, the issue of corporate fraud poses a pervasive and intricate challenge, casting a shadow over the integrity of businesses worldwide. The web of illicit financial transactions represents a significant threat to corporations and their stakeholders. This ultimately erodes - [LEGAL PROTECTION OF GEOGRAPHICAL INDICATIONS IN INDIA](https://lawfoyer.in/legal-protection-of-geographical-indications-in-india/) - Authored By - NAMITHASRI.S, CHETTINAD SCHOOL OF LAWEdited By - Rajarshi Tripathi INTRODUCTION A product is said to as having a geographic indication if it has distinctive qualities that come from its original location and make it stand out from other similar products. The protection of goods using GI tags was greatly aided by the - [An Informed Insight: UAPA, 1967](https://lawfoyer.in/an-informed-insight-uapa-1967/) - Author: Srishti Srivastav, Law Student at City Academy Law College, an affiliated college of University of Lucknow, Lucknow, Uttar Pradesh Introduction The Unlawful Activities Prevention Act of 1967, also called the UAP Act or UAPA, is an act to prevent anti-terrorism activities across the territory of, the Union of India or, any part India has - [E-Contracts and Digital Signatures: Legal Challenges in India](https://lawfoyer.in/e-contracts-and-digital-signatures-legal-challenges-in-india/) - Author: Sonam Chahar, Army Institute of Law INTRODUCTION As we all know contracts are agreements that are enforceable by law. This is the meaning of a contract given by laws. The contracts are between the parties who agree with each other on certain terms and conditions. As the technological revolution took place, the electronic contracts - [Free Online Webinar on Changing Facets of Federalism in 21st Century by LawFoyer: Register by August 23](https://lawfoyer.in/free-online-webinar-on-changing-facets-of-federalism-in-21st-century-by-lawfoyer/) - Register Now Gain In-Depth Knowledge from a Leading Expert LawFoyer presents an exclusive free online webinar – “Changing Facets of Federalism in 21st Century” led by Constitutional Law expert Prof. (DR.) J.P. Yadav, Director, Amity Law School Lucknow campus. Important Details Date: Saturday, 24 August 2024, 7 pm onwards. Platform: Google Meet/Zoom Meetings Completely Free - [3RD SANKHLA & ASSOCIATES NATIONAL MOOT COURT COMPETITION 2024](https://lawfoyer.in/3rd-sankhla-associates-national-moot-court-competition-2024/) - The Amikus Qriae (TAQ) is organizing the 3rd edition of Sankhla & Associates National Moot Court Competition 2024 in association with its esteemed joint organizer Sankhla & Associates from 14th September to 17th September 2024 in Virtual mode. About Sankhla & Associates A full-service business and corporate legal practice with a national and international reach - [THEORIES OF PUNISHMENT UNDER CRIMINAL LAW](https://lawfoyer.in/theories-of-punishment-under-criminal-law/) - Author-Nighilkumar M, Government Law College, Dharmapuri INTRODUCTION There is no specific definition of crime and punishment in Indian laws. the act or omission when contrary to law is crime that is punishable. but there is specific definition about offence and punishment in India Penal Code, 1860 and also Bharatiya Nyaya Sanhita,2023. Every crime has punishable by law. The crime and punishment are changing as by the trend, that changes are now, the theories of punishment. let us know the changes of punishment by its period. Keywords: punishment, criminal law, theories of punishment, Indian penal code, bharatiya nyaya sanhita. Definition of punishment In generally, the punishment is giving to the accused for committed the crime. Indian Penal Code denotes that certain amount of punishment for certain offence by different section. but there is no definition of punishment in any law even in Indian Penal Code. Under section 53 of that code says about types of punishment to be punished by the law to the accused. According to that section there are 5 types of punishment such as, death, imprisonment for life, rigorous imprisonment and simple imprisonment, forfeiture of property, fine. No other punishment shall be given other than this code otherwise any specified law provided. OBJECT OF PUNISHMENT The object of punishment is correction of wrongdoer not vengeance on criminal. In India strictly follows the theory of reformative for reform the criminal. Purpose of this punishment is the wrongdoer realise his mistake to correct himself by the theory of reformative and also realise that the wrong-doing is not harmful for the society or the victim and also himself on his future. By this kind of punishment, he realises his wrong-doing in his period of punishment and after released, he comes to the society as a respective person. Historical Background / Evolution ANCIENT PERIOD In the Ancient period, the ‘Rex non potest peccare’ principle was followed which means, king can do no wrong. In that period, there is no codified law. king order to do or not to do. there is an oral order not in written and all people were obeying the king’s order. (a) kings can order that killing someone for his crime. that crime even has small offence. if the king ordered, people could be done. there is no appeal, no written judgment and no laws. (b) king can order that move him to another place. In other words, putting something aside from the village. (c) any order to be made by the king even it is not justifiable. MODERN PERIOD In the Modern period, the “Rule of Law” principle is followed which means No one is above the law. king may do wrong. Only the law can do no wrong. In this period, the laws are written. Even king may do wrong and king can be punished by law. Here is no oral order, order should be written. punishment is defined under the provision of Indian Penal Code. THEORIES OF PUNISHMENT There are various theories of punishment followed in India in different period as follows:- Retributive theory Deterrent theory Preventive theory Reformative theory Dr. Jacob George v. State of Kerala [1] In this case, the Supreme Court Stated that the purpose of punishment is four-fold. one is retribution for vengeance, another is preventive which is prevent the crime, further is deterrence which gives punishment and furthermore is reformative which is reform the criminals. RETRIBUTIVE THEORY Retributive theory is saying that what the perpetrator done to the victim is equally done the same to the perpetrator too. it also known as ‘theory of vengeance’. This theory is based on the doctrine lex talionis which means an eye for an eye, tooth for tooth. In literal meaning, “You hurt me and I will hurt you”. This kind of punishment is oldest and most ancient justification for punishment. Retribution means basically that the wrong-doer pays for his wrong-doing. In different way of interpretation may be said that the criminal has by bis crime incurred a debt due to law, and therefore, by suffering punishment he pays it back, dissolving the legal bond forged by his crime. In this moder era, retributive punishment cannot be justification for punishment in this modern society. Punishment is regulated by legislation fixing the punishment and executed by the judges and magistrates. DETERRENT THEORY In ordinary meaning of this theory, ‘deterrent’ means abstain from wrong-doing. Object of this theory is restraining the criminal from committing the crime or same in future. This theory explains control the crime by creating the fear of crime before the offender committing the offence. This theory gives us the fear to commit wrong-doing by imposing the punishment. For Example, ‘A’ is committed such offence and punished such imprisonment. People will stop committing such crime because of fear of punishment of ‘A’. Moreover, this theory does not only punish the offender for his crime but also not to commit the offence again. There are two types of deterrents as, specific deterrence and general deterrence. State of Karnataka v. Sharnappa Basangouda Aregoudar [2] “The sentence imposed by the court should act as a deterrent on potential offenders and should be commensurate with the seriousness of the crime” PREVENTIVE THEORY In literal sense, ‘prevent’ means intercept, hinder, frustrate, thwart from happen which means to stop in advance some act. In other way to express about this theory, proverb says that prevention is better than cure. This theory tries to stop the crime and also prevent him to reoffending. If a person disqualified from driving, it prevented from committing the traffic offences. Preventive theory has two kinds, one is temporary preventive and another one is permanent preventive. temporary preventive means preventive measure is only for such period, i.e., certain amount of fine, certain period of imprisonment. permanent preventive means is unlimited disablement, i.e., life imprisonment, death penalty. REFORMATIVE THEORY Reformation is defined as “the effort to a man to society as a better and wiser man and a good citizen”[3] Reformative theory seeks to better the criminal, by removing his errors, faults and defects and maintains that punishment is curative. A crime is a disease and to remove the disease medicine like fine, imprisonment. This theory aims at the actual offender and all legal system are surely moving towards a reformative paradigm. Shanti Lal Meena v. State (NCT of Delhi)[4] Supreme Court observed in this case that in cases of corruption and swindling of public money, there is no serious scope for reformation of public servants as the moment they are convicted they lose their job. Therefore, there is no significance to the theory of reformation and only relevant object of punishment in such cases is denunciation and deterrence. Types / Kinds of punishment There are five kinds of punishment under Section 53 of Indian Penal Code, 1860 Death Sentence, Sentence of Life Imprisonment, Sentence of a term of imprisonment which may be either simple or rigorous, forfeiture of property and fine. Legal Provisions in IPC & BNS In Indian Penal Code, Section 53 says about Punishments, “53. Punishments. – The punishments to which offenders are liable under the provisions of this code are, - First. - Death; Secondly. - Imprisonnment for life; Thirdly. - [Repealed by Act 17 of 1949, S. 2]; Fourthly. – Imprisonment, which is of two descriptions, namely: - Rigorous, that is, with hard labour; Simple; Fifthly. – Forfeiture of property; Sixthly. – Fine.” [5] In Section 4 of Bharatiya Nyaya Sanhit, 2023 says about the punishment as, “4. Punishments. - The punishments to which offenders are liable under the provisions of this Sanhita are— (a) Death; (b) Imprisonment for life, that is to say, imprisonment for remainder of a person’s natural life; (c) Imprisonment, which is of two descriptions, namely: — (1) Rigorous, that is, with hard labour; (2) Simple; (d) Forfeiture of property; (e) Fine; (f) Community Service.” [6] These provisions are mentioned above about the punishment. but, Indian Penal Code,1860 is replaced by the Bharatiya Nyaya Sanhita, 2023. After the date 1st July, 2024 Indian Penal Code will be repealed and Bharatiya Nyaya Sanhita will be replaced and enforced. that’s why here we discuss both provisions. In addition, another punishment is included in Bharatiya Nyaya Sanhita is community service which is not in Indian Penal Code. Amendments / Repealing In Section 53 of Indian Penal Code has a repealing clause that the third punishment is transportation which was repealed by Act 17 of 1949. But after the moth of July, 2024 the whole Indian Penal Code, 1860 will be repealed and replaced by the Bharatiya Nyaya Sanhita, 2023. Because of oldest code which was enacted by the British legistation and made such modification in that code for this modern era. Future Implications the society is change in each day by day but, the laws are not modified in day by day. It is not possible to change the laws by up-to-date. But we can change the laws in between certain period. Indian Penal Code is enacted in the British period. This code does not suitable for this modern period. So, we have to need a new code for this modern era. that’s why today Bharatiya Nyaya Sanhita will be enacted and will enforce. CONCLUSION & COMMENTS A penal statute is necessary for a republic country. People make wrong and law correct them by the penal statute. The theories of punishment are nothing but the history of punishment, procedure or manner for punishment. REFERENCES Books / Commentaries / Journals Referred The Indian Penal Code – Ratanlal & Dhirajlal Indian Penal Code – B.M. Gandhi Indian Penal Code – S.N. Misra Online Articles / Sources Referred indiacode.nic.in scconline.com mha.gov.in prsindia.org lawtimesjournal.in indiankanoon.org Cases Referred Jacob George v. State of Kerala, 1994 Cr.L.J. 3851 SC. State of Karnataka v. Sharnappa Basangouda Aregoudar AIR 2002 SC 1529. Shanti Lal Meena v. State (NCT of Delhi), (2015) 6 SCC 185. Statutes Referred India Penal Code, 1860. Bharatiya Nyaya Sanhita, 2023. [1] Dr.Jacob George v. State of Kerala, 1994 Cr.L.J. 3851 SC. [2] State of Karnataka v. Sharnappa Basangouda Aregoudar AIR 2002 SC 1529. [3] Prison Commissioners Report, 1912, p.24. [4] Shanti Lal Meena v. State (NCT of Delhi), (2015) 6 SCC 185.? [5] Indian Penal Code,1860, S.53. [6] Bharatiya Nyaya Sanhita, 2023, S.4 - [Mastering the Art of Legal Research: A Comprehensive Certification Course](https://lawfoyer.in/mastering-the-art-of-legal-research-a-comprehensive-certification-course/) - Want to learn how to do professional legal research and how to write professional Legal Research papers, Case Analysis, Articles, reports of Empirical research? Worry not LawFoyer brings to you the Certification Course in Legal Research Methodology - [Mehmood Nayyar Azam v. 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This provision excludes the applicability of Sections 326 and 327 of the - [Meaning, Definition, Nature, Scope and Applicability of Law of Torts](https://lawfoyer.in/law-of-tort/) - Author-Jahnvi Goel, Amity University, Lucknow Introduction One moment you are strolling down the road and the other you unexpectedly slip into a pit left open by the Municipal Corporation. Without glancing around, you stand up quickly to cover up the embarrassment it may have caused. But what can you do? Is there anyone who could be blamed for this? I have sustained injuries so I should be more careful from the next time. However, there was a responsibility of Municipality in this situation. They were negligent in fulfilling their duty. This is what law of torts talks about and much more. Meaning and definition of Tort Tort defines its meaning in the word civil wrong. The word Tort means twisted or crooked. It is of French origin and is comparable to the English word wrong. It is often used to define a breach of duty amounting to a civil wrong. Some of the important definitions include Salmond’s who defined Tort as a civil wrong for which the remedy is an action for damages and which is not exclusively the breach of contract or the breach of trust or breach of merely equitable obligation[1]. A tort becomes apparent due to an individual’s duty to others in generally which is created by one law or the other. An individual who commits a tort is known as a tortfeaser, or a wrongdoer. They are called joint tortfeaser where they are more than one. Tortuous act is their wrongdoing and they are liable to be sued jointly as well as severally. The main objective of the Law of tort is compensation of sufferer or their dependants. Deterrence of wrong doers is also another objective of the law of tort. Some other important definitions, which throw light on the nature of tort include Winfield’s who described Tort as a Tortious liability which arises from the breach of a duty primarily fixed the law, this duty is towards the persons generally and its breach is redressible by an action for unliquidated damages. According to Clark and Lindsell, “Tort is a wrong independent of contract for which the appropriate remedy is a common law action." In addition to, Section 2(m), the Limitation Act, 1963 states that Tort is a civil wrong which is not exclusively a breach of contract or breach of trust. Why does Tort law exist? Tort law serves at least three purposes. First, it facilitates compensation for injuries resulting from wrongful conduct. Second, it can deter persons from wrongful behavior that may produce harm. Third, it can provide a way of punishing people who wrongfully injure others. Development and evolution of law of torts Tort law evolved in three phases mainly which are the Ancient Era, the Medieval Era, and the Modern Era. Unlike England, there is less tort litigation in India, the reasons include lack of consciousness and awareness about one’s rights and the spirit of toleration, issue of recognition of the action by courts, and, awarding of very low compensation. Hence, a number of cases of violation of legal right or injury in India like unlawful detention, injury to or the death of people due to adulterated foodstuffs, liquor, medicine, etc., loss due to power cut, noise and other pollutions, etc. are tolerated without bringing an action in a court of law or to a higher authority. Tort existed in Hindu and Muslim law to deal with wrongful acts but it could be said that tort was formally introduced by the Crown in India. It is primarily based on the principles of equity, justice, and good conscience. The law of torts is based on the principles of ‘common law’ which is generally the English law of torts. The exercise of the law of tort is applied selectively in Indian courts keeping in mind if it suits the elements and situations of Indian society. Justice Bhagwati in M.C Mehta v. Union of India observed that: “We have to evolve new principles and lay down new norms which will adequately deal with new problems which arise in a highly industrialized economy. We cannot allow our judicial thinking to be constructed by reference to the law as it prevails in England or for the matter of that in any foreign country. We are certainly prepared to receive light from whatever source it comes but we have to build our own jurisprudence.” Nature of Torts ● Tort and crime: Initially tort had its roots in criminal procedure. There is a punitive element in some aspects of the rules on damages even today. However, tort is a kind of civil injury or wrong. The nature of the remedy provided by law differentiates civil and criminal wrongs. At times, the same wrong is capable of being made the subject of proceedings of both crime and tort. For example assault, libel, theft, negligence, conspiracy, malicious injury to property etc. in such cases the wrong doer may be penalized criminally and also compelled in a civil action to make compensation or restitution, the victim can sue the wrongdoer under civil liability or initiate criminal proceedings against the offender under criminal law. If a defamatory article about another person has been published in a newspaper, the defamatory publication will demand both criminal prosecution for libel as well as a civil action claiming damages may be taken against him. In P.Rathinam. v. Union of India (Hansaria, 1844, 1994 SCC ), the Supreme Court observed, In a way there is no distinction between crime and a tort, inasmuch as a tort harms an individual whereas a crime is supposed to harm a society. But then, a society is made of individuals. Harm to an individual is ultimately the harm to the society. ● Tort and contract: The definition given by P.H. Winfield clearly highlights the distinction between tort and contract. It says, Tortious liability arises from the breach of a duty primarily imposed by law; which is owed to the general public and its breach is redressible by an action for unliquidated damages. On the other hand, A contract is that species of agreement which establishes legal obligation between the parties. It is a legal relationship, the nature, content and consequence of which are determined and defined by the agreement between the parties. According to Salmond, a contract arises out of the exercise of the autonomous and voluntary legislative authority entrusted by the law to private persons to declare and define the nature of mutual rights and obligations. At the present day, the key distinction between tort and contract lies in the source of duties in the former are mainly fixed by law while in the latter they are fixed by the parties themselves. Agreement is the basis for all contractual duties and responsibilities. ● Tort and Quasi-Contract: Those cases where a person is held liable to another without any agreement is covered by Quasi Contract, for money or benefit received by him to which the other person is better entitled. According to the Orthodox view the judicial basis for the duties and responsibilities under a quasi contract is the existence of a hypothetical contract which is implied by law. However, the Radical view is that the duties and responsibilities in a quasi contract is sui generis and its basis is prevention of unjust enrichment. Scope of Tort Law The main purpose of implementing tort law was to use it as a tool to make people to follow the conduct of a reasonable prudent man and to make them respectful towards each other’s rights and obligations. In order to achieve its purpose, law of torts allows the sufferer to claim and demand compensation for the infringement of his legal right. To constitute a tort, There should be commission of wrongful act by a person; The nature of the unlawful act should be such to have a resort to legal remedy and Unliquidated damages should be the legal remedy for the unlawful act caused. Legal Damage is an important ingredient in constituting a tort. In order to prove an action for tort, the plaintiff has to prove that there was a wrongful act, an act or omission which caused the violation of a legal right vested in the plaintiff. If there has been a violation of a legal right, the same is actionable whether the plaintiff has suffered any loss or not. This is indicated by the maxim, "Injuria sine damnum”, 'Injuria' refers to infringement of a legal right and the term 'damnum' implies substantial harm, loss or damage. The term 'sine' means without. However, if there is no violation of a legal right, no action can lie in a court despite of the loss, harm or damage to the plaintiff caused by the defendant. This is expressed by the maxim 'Damnum sine injuria’. The detailed discussion of these two maxims is as follows: Injuria sine damnum: This doctrine implies infringement or violation of a legal private right of a person even if no actual loss or damage is evident. In such a case the person whose right is infringed has a good cause of action and such infringements are generally punishable under the law. It is not necessary for him to prove any special damage. Thus, in cases of assault, battery, false imprisonment, libel etc., the mere wrongful act is actionable without proof of special damage. The court is bound to award to the plaintiff at least nominal damages if no actual damage is proved. Thus, this maxim provides for, (1) infringement of a legal right of a person. (2) no actual loss or damage is required to prove. (3) infringement of a private right is actionable per se. In Ashby Verses White (Holt CJ, 1703), the plaintiff was a qualified voter at a Parliamentary election, but the defendant, a returning officer, wrongfully refused to take plaintiffs vote. No loss was suffered by such refusal because the candidate for whom he wanted to vote won the election. Plaintiff succeeded in his action since there was a violation of his legal right. Damnum sine injuria: This maxim signifies an actual and substantial loss without infringement of any legal right. In such a case no action lies. There are numerous harms of which loss takes no account and mere loss of money's worth does not by itself constitute a legal damage. There are many forms of harm of which the law takes no account, (1)Loss inflicted on individual traders by competition in trade, (2)Where the damage is done by a man acting under necessity to prevent a greater evil, (3)Damage caused by defamatory statements made on a privileged occasion, (4)Where the harm is too trivial, too indefinite or too difficult of proof, (5)Where the harm done may be of such a nature that a criminal prosecution is more appropriate for example, in case of public nuisance or causing of death, (6)There is no right of action for damages for contempt of court. In Gloucester Grammar School Case (Hillary, 1410), The defendant, a schoolmaster, set up a rival school to that of the plaintiff. Because of the competition, the plaintiff had to reduce their fees and initiated legal proceedings demanding compensation for the financial loses incurred. Held, the plaintiff had no remedy for the loss suffered by them. Hence, the essential requirement is the violation of a legal right. Conclusion Thus to conclude, Tort law has made firm roots in the legal showground and it’s primary aim is to impose liability on parties responsible for the harm, to provide relief to injured parties for harms caused by others, and to serve as a deterrent against wrongful acts. Torts can also shift the burden of loss to the party who is at fault or better suited to bear the burden of loss from the injured party. It also enables citizens to seek redress for the minor and major damage caused to them. Thus, it could be said that Tort has gained much confidence among the laymen in acting as the backbone of civil justice. [1] Iyer, S. (1933). The Law of Torts. Harvard Law Review, 46, 882. Hansaria, B. (1844, 1994 SCC ). P.Rathinam vs Union Of India on 26 April, 1994. 394. Holt CJ, P. J. (1703). Ashby v White. 92 ER 126. Hillary, J. Y. (1410). GLOUCESTER GRAMMAR SCHOOL CASE. 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Section 10 prevents the courts from simultaneously processing two parallel litigations concerning the same issue, subject matter, and relief - [Rule against Perpetuity under Section 14 of Transfer of Property Act](https://lawfoyer.in/rule-against-perpetuity-under-section-14-of-transfer-of-property-act/) - Author: Ritesh Singh Shekhawat, Mahatma Jyoti Rao Phoole University, Jaipur, Rajasthan Emergence and Objective of the Rule Against Perpetuities The rule against perpetuities, codified under Section 14 of the Transfer of Property Act, 1882, addresses the duration within which property interests must vest. The rule is aimed at preventing the indefinite tying up of property - [Paschimanchal Vidhyut Vitran Nigam Ltd . V . 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It functions as a comprehensive resource that covers a range of corporation formation topics, such as the makeup of shareholders, directors, and members for - [Charan Singh @Charanjith Singh V State of Uttarakhand](https://lawfoyer.in/charan-singh-charanjith-singh-v-state-of-uttarakhand/) - Author: SANGAMITHIRAI.V (Chettinad School of Law) ABSTRACT / HEADNOTE: In the current case the appellant is the husband of the deceased woman. He has been convicted of rigorous punishment below section 304 B for 10 years below 498A for 2 years and section201 for 2 years below the Indian Penal Code and the appellant is - [Breach of Contract: Meaning, Essentials, Principles, Cases and Remedies under Indian Contract Act, 1872](https://lawfoyer.in/breach-of-contract-meaning-essentials-principles-cases-and-remedies-under-indian-contract-act-1872/) - Author: Monika Gurjar, Dharmashastra National Law University, Jabalpur INTRODUCTION The history of contract dates-back to ancient times where people used to enter into contract especially for domestic purposes. With the advancement of society and its need the nature of contract has also changed and had become complex. In a modern world, every individual is dependent - [B.K. Pavitra v. Union of India, (2019) 16 SCC 129](https://lawfoyer.in/b-k-pavitra-v-union-of-india-2019-16-scc-129/) - Author: Gaurav Katiyar, University of Lucknow ABSTRACT The decision of B.K. Pavitra v. Union of India is one of the most important legal decisions in Indian history. The case is a consideration of the reservation system in public employment in Karnataka before a constitution bench. The toughest question was about promotion policy reserved for other - [Sakal Papers Ltd. V. Union of India, AIR 1962 SC 305](https://lawfoyer.in/sakal-papers-ltd-v-union-of-india-air-1962-sc-305/) - By - Madhu Sri Chepuri (Sri Padmavati Mahila Visva Vidyalayam) ABSTRACT / HEADNOTE According to the Constitution of India Article 19 is a fundamental right. It provides protection of rights related to freedom of speech etc. Article 19 1(a) provides the right to freedom of speech and expression[1] Article 19 1(g) provides the right to - [R Rajgopal V State Of Tamil Nadu 1994 6 SCC 632](https://lawfoyer.in/r-rajgopal-v-state-of-tamil-nadu-1994-6-scc-632/) - By - SATPATHY GAYATREE GEETASWAROOP ( BIRLA SCHOOL OF LAW, BIRLA GLOBAL UNIVERSITY, BHUNHANESHWAR) ABSTRACT / HEADNOTE This landmark judgment is about an auto driver and an autobiography writer who had been sentenced to death for murder during his life imprisonment he shared about the details of his illegal connections with prison and public officials - [Aruna Ramchandra Shanbaug & Ors v. Union Of India](https://lawfoyer.in/aruna-ramchandra-shanbaug-ors-v-union-of-india/) - By - SHAURYA SINGH KARASI (Chandigarh University) ABSTRACT/HEADNOTE The landmark case of Aruna Ramchandra Shanbaug vs. Union Of India & Ors, decided on March 7, 2011, marked a significant turning point in the legal discourse surrounding euthanasia. It centered on the plight of Aruna Shanbaug, who tragically fell victim to a brutal assault in 1973 - [BHAGWAN SINGH VS DILIP SINGH](https://lawfoyer.in/bhagwan-singh-vs-dilip-singh/) - By - Sushree sangita Panda (BIRLA GLOBAL UNIVERSITY, BHUBANESWAR) ABSTRACT / HEADNOTE This case is based on Special Leave Petition, which has been arise from the order of the High Court that grants bail to the accused (respondent) who were alleged of gang rape of a minor girl. Not only gang rape but also threatening - [Right To Education under Article 21 of the Indian Constitution](https://lawfoyer.in/right-to-education-under-article-21-of-the-indian-constitution/) - Author-Hemant Jarwal, University Five Year Law College, University Of Rajasthan INTRODUCTION "Knowledge is power. Information is liberating. Education is the premise of progress, in every society, in every family."- Kofi Annan, Former Secretary-General of the United Nations. From the Time a child is born, his or her education begins. At first, education is an informal process in which an infant watches others and learns from them by either copying them or listening to them. As the infant grows into a young child, the process of education becomes more formal by going to preschool. In grade school, academic lessons become the focus of education as a child moves through the school system. But it is not that simple, education is about much more than the simple learning of facts. Education in the bigger picture is the process of encouraging discovery and innovation in different sectors. From the time we are born, humans keep learning and still learning and will continue learning in the future. Sometimes consciously and many times subconsciously. Education is an effective method in different fields of acquiring knowledge, values, skills, habits, and beliefs. So after knowing and considering all the factors that tell us why education is so important and how can it change our life and our society's thinking or enhance their perspective from narrow mind to broad mind and how it can help in the overall growth and development of the nation. That’s why To eradicate education poverty, the government of India proposed the Right to Education Act (RTE) in 2009. It came into effect on 1 April 2010. It aims to provide free and compulsory education to children aged six to fourteen years under Article 21-A. Ensure that every child has his or her right to get a quality elementary education. This right also ensures the provision of fundamental or primary education for those who have not completed their basic education. Right to education includes the right to free, compulsory primary education for all, an obligation to develop secondary education accessible to all and an obligation to develop equitable access to higher education. India has a total of 19% of the children population in the world and almost one-third of the illiterate population in the world. But India can change this fact and figures by becoming the most educated population by using its resources to educate its youth. Education is a powerful tool for the uneducated population to grow and fully participate as citizens. And the Right to Education is also universally recognized by the main international instrument, the Universal Declaration of Human Rights (UDHR) as a basic human right to right to education in Article 26 “Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit”. Keywords : Right to Education, Article 21-A, Article 21 Constitution of India, Article 45, 86th Constitutional Amendment Act, UDHR, Right to Education Act. Meaning, Definition & Explanation Education is the way that gives us the ideas, skills, techniques, information, and knowledge to know, understand, and respect the duties we have towards our society, families, and nation. Education helps a person to get knowledge and enhance their confidence in life. It can help us to improve our careers and our personal growth. And as an educated person can become a great citizen in society and in the end educated persons help in the development and growth of society and nation. It helps you to make the right decisions in life. Therefore education is very important in life is because it helps everyone develop a good perspective of looking at the world and our society. Education helps us in getting new ideas and exploring new ideas. An uneducated person can never be fully aware of his/her responsibilities towards each other as human beings and the world as a whole. As human beings, we have to give back to the society that we have used and where we live in so that we can make it a better place to live for everybody. Proper education teaches an individual to think beyond their interests and helps them in developing an ability to make the world a happier, safer place for the next generation. It is difficult to give the answer of the question What is education in a few lines. Because the Definition of education is given differently by different people at different times. Therefore, education cannot be defined or described by one's precise or perfect definition. The definitions given by different educators about its education are given below: According to Socrates "Education means the bring out of the ideas of universal validity which are latent in the mind of every man." According to Plato "Education is the capacity to feel pleasure and pain at the right moment it develops in the body and in the soul of the student all the beauty and all the perfection which he capable of." According to Aristotle "Education is the creation of a sound mind in a sound body it develops men's faculty especially his mind so that he may be able to enjoy the implementation of supreme court goodness and beauty of which perfect happiness essentially consists." Historical Background / Evolution of Education: The importance of education in India has been seen from the ancient times. Human education in India can be traced back to ancient times when the Gurukul system was working. In this Guru-Shishya (teacher-disciple) system, those who wanted to study would go to teachers and request to be accepted as a disciple. If they were accepted then the disciple had to stay at the teacher’s place, and apart from learning, he also had to help in other household chores. This system made a strong tie between the Guru and Shishya, and it also taught the disciple that how to run a household. Teachers of that era taught all the subjects in open classrooms like under shadow of trees, under the sun. Languages like Sanskrit and holy scripture, as well as metaphysics and mathematics, were part of the learning process. Learning was based more on the understanding their surroundings and nature, not just memorizing verses or shlokas. This education system got an impetus and developed with universities like Nalanda, Ujjain, Takshashila, and Vikramshila. Lord Thomas Babington Macaulay brought the modern form of education and the English language to India in the 1830s. The development of education in India was started by classroom confinement, and by teaching modern subjects like science and maths were part of this curriculum. Subjects like metaphysics and philosophy were deemed unnecessary or not important at that time. And you know what The right to education was initially not included as a fundamental right in the constitution but was included as a Directive Principle under Article 45 which states that it is the duty of the state to endeavor to provide, within a period of 10 years from the commencement of the constitution, for free and compulsory education for all children until they complete the age of 14 years. The directive in Article 45 was not limited to merely primary education rather it extends up to providing free education up to the age of 14 years, whatever the stage of education it came to. Therefore, education for children of this age group should have been free. During this period the Supreme Court also held that the ‘Right to education' get from other Articles of the Constitution such as Articles 21, 24, 30(i), and 39(e) & (f). The Court emphasized that the primary obligation placed on the state by Article 45 is “to provide for free and compulsory education for children” and it can be discharged through government and aided school and that Article 45 does not required that obligation to be discharged at the expense of the minority communities. Comparison of Right to Education with other Countries: Status of Right to Education in India: Like in India the Right to Education is mentioned under the Constitution of India by The 86th Constitutional Amendment Act, 2002 which is made with objective to protect the citizen’s rights of education, as well as to overcome the challenges in India regarding education. The 86th Amendment act 2002, makes three exact provisions in Constitution to provide understanding of free and compulsory education to children’s of age between 6 to 14 years as a Fundamental Right. These are as follows:- Adding Article 21A in part III initiated that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards. Bring alteration and modification in Article 45 and substituted as the state shall endeavors to assure early childhood care and free and compulsory education for all children until they complete the age of 6 years. The insertion of new clause in Article 51 A, clearly mandates the parents or guardians to furnish opportunities for education of their children between the age group of 6 to 14 years.[Article 51A (k)]. Status of Right to Education in the United States of America: The right to an education is guaranteed and recognized as a fundamental or basic Human right by the International law in the Universal Declaration of Human Rights. Similarly, UNESCO’s Constitution sets out the right to an education as necessary in order to “prepare the children of the world for the responsibilities of freedom.” However — and this might come as a surprise to many Americans — The U.S. Constitution mentions no such right nor has the U.S. Supreme Court recognized one. But All kids living in the United States have the right to a free public education. And the Constitution requires that all kids be given equal educational opportunity no matter what their race, ethnic background, religion, or sex, or whether they are rich or poor, citizen or non-citizen. Even if you are in this country illegally, you have the right to go to public school. In addition to this constitutional guarantee of an equal education, many federal, state and local laws also protect students against discrimination in education based on sexual orientation or disability, including pregnancy and HIV status. In fact, even though some kids may complain about having to go to school, the right to an equal educational opportunity is one of the most valuable rights you have. The Supreme Court said this in the landmark Brown v. Board of Education case when it struck down race segregation in public schools. Many people assume that the Federal Court had found a federal Right to Education in Brown v. Board of Education, 347 U.S. 483 (1954). However the court in that case did not held that all students had a right to an education. Rather, it held only that where a state makes public education available, it cannot withhold access to education based on race. Further, it espoused — or at least suggested the possibility of — an individual right to an education. The Federal court came closer to recognizing a federal right to education in Plyler v. Doe, 457 U.S. 202 (1982). There, the state of Texas had foreclosed public school education for undocumented students, and plaintiffs had made an Equal Protection claim. The court found that even though education was not a fundamental right, the state did not have a sufficient interest to withhold education from students whose parents had brought them to this country illegally. Since education is not specifically mentioned as a right or a power of the federal government, Congress does not have the authority to directly regulate education. Education is not currently recognized as a fundamental right in the United States. In 1973’s San Antonio Independent School District v. Rodriguez, the Supreme Court found that education is not explicitly protected under the U.S. Constitution, and its precedent has remained unchallenged at the Supreme Court for over 30 years. Advocates for the right to public education have offered divergent strategies to overcoming the ruling, but none has found success in federal court. Types / Kinds of Education in India: Education means the development of the learning and thinking process. And It is not limited to the walls of the classroom but it goes beyond the four walls of the classroom. It is all about gaining experience and therefore we can divide education into three main types: Formal Education. Informal Education. Non-formal Education. Formal Education: This is also known as formal learning which usually takes place within the premises of the school. It is the type of education where the basic academic knowledge that a child learns in a formal manner.This continues from an elementary school to secondary school and further on to colleges. Such type of education is provided by specially qualified teachers who are efficient enough with the art of instruction.Here both the student and the teacher are both aware of the facts and involve themselves into a process of education. Some of the examples of formal education are classroom learning, Institute grading/certification, or planned education of different subjects with a proper syllabus acquired by attending an institution. Informal Education: This is the type of education where a parent teach his/her child things that are beyond academics like preparing a meal or riding a bicycle. People can also get informal education through books or educational websites. This is an education that is not taught in schools through a proper learning method. It is not pre-determined nor deliberate. It is an experience that an individual feel by undergoing regular practice and observing others. Some of the examples are like by teaching a child with some basic personality traits, learning a mother tongue, performing certain extracurricular activities, etc. Non-formal Education: It is a type of education where a person learn about adult basic education, adult literacy education, or skill development. It can take different forms of learning, which is consistently and systematically provided in order to develop a particular skill or ability in an individual.This type of education is highly flexible and it includes a wide range of activities. Some of the examples may be fitness programs, community-based adult education courses, and free courses on different platforms, etc. Constitutional Provisions Related to the Right to Education The right to education is a constitutionally protected right in India. The Constitutional provisions which supports and protected the right to education under the constitution of India are: Article 21-A: It was included to make the right to education a Fundamental rightfor children aged 6 to 14. It states that “The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine”.This provision was not included in the Constitution of India 1950. It was inserted by the Constitution (Eighty-sixth Amendment) Act, 2010. Article 45: It talks about the provision for free and compulsory education for children. It states that “The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years”. Article 46: It talks about the Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections under which it is clearly stated that “The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation”. Article 51-A(k): was added as the fundamental duties under Part IV of the Indian Constitution which states that “who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years”. Legislative Acts Related to the Right to Education: Right to Education (RTE) Act 2009 The Parliament has enacted the Right to Education Act 2009 (RTE Act) with the objective of regulating the degradation of the standard of the education system and uplifting the education imparting procedure by implementing specific provisions that required certain reformations to live up to the spirit of catering a quality and equitable education irrespective of caste, creed, gender economic and social background. The Act was enacted on 4th August 2009 and came into force on 1st April 2010. The principal features of the Act are as follows: The Act clearly mentions that education is the Fundamental Right of every child. Private schools must keep 25% of seats reserved for children belonging to the backward classes in terms of social background. The Act also provide educational rights for dropout students. Unrecognized schools are barred and are not allowed from interviewing a child or a parent for admission. Schools are barred and are not allowed to charge any capitation fees at any step while providing admission to a child. The Children who are pursuing elementary or primary education shall not be expelled, held back, or pressured to pass a board examination. The Act mandates that every government and aided schools should create a School Management Committee which composed of 75% of members as parents or guardians. The Act strictly prohibited physical punishment, mental harassment and private tuition by the teachers. The Act states that the provisions for a child’s admission to an appropriate class should be based on his/her age in the event that child has never been admitted to any school. And in order To help the child to keep up with other students, provisions relating to special training have also been mentioned in the Act. The RTE Act 2009 acted as a tool in accelerating and developing the spirit of imparting free and compulsory elementary education to children between the age group of 6 to 14 years. Subsequent to the enforcement of the Act, a drastic change came about in the standard of education both in access and enrolment levels; literacy rates of the states and also enhanced at large. However, lately, due to a lack of an appropriate regulatory framework, the practical application and compliance with the provisions of the Act are facing repeated failure. Landmark Cases and Judgement Case: - 1 Mohini Jain vs State of Karnataka(1992). In this case Miss Mohini Jain, a resident of Meerut applied for the admission in the MBBS course in a session which was commencing from 1991 in a private medical college located in the state of Karnataka. The college management asked her to deposit a sum of Rs 60000/- as the tuition fee for the first year and also to show a bank guarantee of the amount equal to the fee for the remaining year. When Miss Jain’s father questioned the management that the asked amount was beyond his reach, the management denied Ms. Jain’s admission to the medical college. Then Miss Jain informed the court that the management demanded an additional amount of Rs 450000/- however the management denied the allegation. Issues Whether “Right to Education” is guaranteed to the people of India under the constitution? Whether the charging of Capitation fees is violation of Article 14 and 21? Judgment In this case the honourable Supreme Court held that although the right to education is as such has not been guaranteed as a fundamental right under the Indian constitution But it becomes clear from the preamble of the constitution and its Directive Principles contained in part 4 because the framers of the constitution intended that it the duty of the state to provide education for its citizens. The court also held that the charging of a capitation fee by the private educational institutions violated the right to education as implied from the right to life and human dignity and the right to equal protection of the law. In additional the court held that the private institutions, which are acting as agent of the state have a duty to ensure equal access to and non discrimination the delivery of higher education. Thus we can conclude that The Court, in the absence of any Constitutional Provision for the Right to Education, held that the right to life and personal liberty under Article 21 also includes the Right to Education as education is required for the overall development of personality, without which one would not be able to have the enjoyment of his right to life. The purpose of the right to life is baseless without the Right to Education. Case:-2 Unni Krishnan, J.P & Ors vs State of Andhra Pradesh(1993) The case comes into existence through petitions filed by private educational institutions to challenge the state laws. These state laws were enacted with the objective of regulating the capitation fee charges in the states of Tamil Nadu, Karnataka, Andhra Pradesh and Maharashtra. These Laws mentioned that any person who is involved in the management and taking additional fees will be considered as capitation fees. Issues Whether Right to Education under Article 21 extend to technical education? Judgment In this case the Supreme Court with a Constitutional bench held that the education up to the age of 14 years to be a fundamental right and “It would be therefore incumbent up on the state to provide facilities and opportunity as enjoined under Article 39 (e) and (f) of the constitution in order to prevent exploitation of their childhood due to indigence and vagary”. In this case the Supreme Court By narrowing the approach taken by it in the Mohini Jain case, that the Right to Education is undoubtedly a Fundamental Right under Article 21. However, the right to free education is available to children until they attain the age of 14 years; after that, the obligation of the state to provide education is subject to economic capacity and development. Case:-3 Avinash Mehrotra vs Union of India(2009) In this case, The Court held that it is a fundamental right to have access to education free from the fear of security and shall have appropriate safety measures in case of any threat to life. Therefore, the right to education also includes providing safe schools in accordance with Articles 21 and 21A of the Indian Constitution. No matter where a family seeks to educate its children, even if it is a private institution, then the state must ensure that children shall not suffer any harm while exercising their fundamental right to Education. Amendments to Achieve Right to Education 86th Constitutional Amendment (2002) In 2002, The constitution was amended by the 86th Amendment act with the objective to provide the Right to Education as a fundamental right.This Constitutional Amendment is made with the intent to protect the citizen’s rights to education, as well as to estimate the forthcoming and existing challenges in India concerning education. The Three main provisions in Constitution that 86th Amendment, 2002 incorporates and which promotes free and compulsory education to children between the age 6 to 14 years. They are as follows:- Article 21A: it was incorporated under the Fundamental Right which are mentioned under (Part III) of the Indian Constitution has expressly mentioned the right of every child to have access to full-time elementary education that would attain the standard of equality and quality through a formal school which would be satisfactory in terms of setting the norms and standard of the education. Article 45 was Altered and modified: Before the 86th Amendment 2002, Article 45 of Directive Principles of State Policy stated that free and compulsory education shall be provided to children up to the age of 14 years old. However, subsequent to the amendment, Article 45 was altered and modified, which states that “the state shall endeavour to impart early childhood care and education for every child till the age of 6 years instead of 14”. The age limit has been reduced to emphasize the prominence of early childhood care and education. Article 51-A(k): It was added as the fundamental duties under part IV of the Indian Constitution that it is the duty of the parents and guardians to provide and facilitate the opportunities for education to their children who are between the age group of 6 to 14 years. CONCLUSION Thus we can say that now The right to education is recognized today as a fundamental right under the Constitution of India. And This is a relatively recent development. The Constituent Assembly only included that it is the obligation of the state to provide free and compulsory primary education under Article 45 of the Constitution. But this is a Directive Principle of State Policy, which was not enforceable by courts. Articles 29 and 30, however, they are justifiable fundamental rights but they only prevent the state from discriminating against minority groups in access to education or in the establishment of educational institutions. So we all should say thank you to the honorable Supreme Court because it also plays an important role in directly reaching the journey of article 21 A by giving landmark judgments like the Mohini Jain judgment, Unni Krishnan judgment and many more which encourages and motivated the Indian Government to take necessary steps in order to provide Right to Education under Indian Constitution like 86th Constitutional Amendment Act, 2002 and enforcing laws like Right to Education Act, 2009 and many more So Because all of this The right to receive basic elementary education is one of the most important rights. And we can also say that the Right to Education is one of the best legislation in our country. And As per the layman’s perspective, the provision is either good or bad but the law holds the accountability, more. And once A famous philosopher has said that “law is the public conscience” – Thomas Hobbes. Law is made for the welfare of society and not for the purpose of making the welfare of oneself. REFERENCES Books / Commentaries / Journals Referred J N Pandey,”Constitutional Law of India”p.382 Central Law Agency, Allahabad 2022. Agrawal, Tushar. “Right to Education Act and Educationally Backward States in India.” SSRN Electronic Journal, 2012, doi:10.2139/ssrn.1985122. Gursharan Singh Kainth “Right to education” Bharti publications Delhi 2014, page no. 29. Online Articles / Sources Referred https://www.researchgate.net/publication/342734746_right_to_education_with_special_reference_to_Article_21A https://www.aclu.org/documents/your-right-equality-education https://kappanonline.org/underwood-education-american-right/ https://law.vanderbilt.edu/a-novel-argument-for-the-right-to-public-education/ https://eduhutch.blogspot.com/2021/07/definition-of-education.html https://en.unesco.org/themes/education/sdgs/material/04 https://www.escr-net.org/caselaw/2009/mohini-jain-v-state-karnataka-1992-air-1858 https://www.escr-net.org/caselaw/2006/unni-krishnan-jp-ors-v-state-andhra-pradesh-ors-cited-1993-air-217-1993-scr-1-594-1993 https://www.cuemath.com/learn/3-types-of-education/ https://www.lawctopus.com/academike/right-education-india/ https://www.thehindu.com/news/national/India-joins-list-of-135-countries-in-making-education-a-right/article13666115.ece https://lawbhoomi.com/development-of-education-as-a-right-in-india/ Cases Referred AIR 1992 SC 1858 AIR 1993 SC 2178 6 SCC 398 (2009) Statutes Referred Article 21-A of the Constitution of India, 1950 Article 45 of Constitution of India, 1950 Article 51A(k) of Constitution of India, 1950 RTE Act, 2009 86th Constitutional Amendment Act, 2002 - [DIVORCE](https://lawfoyer.in/divorce/) - Author-Muskan Srivastav, Amity University, Lucknow ABSTRACT Divorce is a source through which a husband and wife officially and legally can end their marriage. It is a formal process of ending a marriage, it's not like a temporary separation. If someone gets a divorce it means that their marriage has ended and is officially over. Divorce carries out both emotions happy and sad. it's not necessary in everyone's case that divorce is peace but in some cases it is. Now, that's another thing no one values the emotion of marriage and uses divorce as a toy. whatever law is made in India or in any country it has both positive and negative impacts with it, divorce is also like this. There are many grounds for divorce. There are many reasons why one can decide to take a divorce either because of constant conflict or because of other things like going to die soon because of a disease or getting caught cheating, and let's not assume that the reason for all this will always be men, no it's not always men, sometimes it's women who misuses their rights and cheat and then lead to divorce. Both men and women are equally responsible for the mishap in the society. But at the end of the day, divorce is the only way to end a toxic relationship which could be dangerous for the couples and children in the future. Keywords (Minimum 5): divorce, emotion of marriage, ending of toxicity, misuse rights, positive and negative impact INTRODUCTION If two people can’t compromise with each other and are victims of a toxic or forced relationship they need to be separated, and for that law exists. Divorce, it’s a mean or a way for a person to escape from a forced and stressful relationship through a legal and formal process, if they are separated in the eye of the law then no one can dare to interfere in their matter or force them to stay in a relationship. In earlier days it was not possible to get a divorce or get separated from an unwanted or toxic partner, it is one of the main reasons why domestic violence took place in large numbers in every household. Divorce is nothing new it has been coming in power for years to years but there is this difference that divorce was not mutual in earlier days, it was all up to the man, if he wants to stay with his wife he will and if he doesn’t then he would simply send their wife back to their home, they are not official separated but living separately. In other countries, the divorce system was famous and was enacted, but in India, it took time for women to realize their rights and to take a stand for themselves. Because in India it was taught to every girl that their husband is their everything and that they should just follow their husband’s order and accept their toxic and immoral behavior as they are their “Pati Parmeshwar” and that they should worship them. But that’s a relief that now women in India are aware of their rights they know what is wrong and what is right, if they should stay or just let it go. Meaning & Explanation Divorce is a source and an act by which a valid marriage can turn into void and null in the eye of the law. The main motive of divorce is to free the other party to live their life as they want or remarry if they plan to do so. Divorce generally imposes the nullification or restructures of the legal duties and obligations of marriage. It can be said as a lawful conclusion of a marriage by the court or other qualified body. People decide to get divorced when things get too tangled up and out of control. If two people cannot compromise for an hour, a second, or a day there is no chance that they would be able to spend the rest of their lives together. By keeping all this in mind that this not compatible individual’s life would become hell in the future if lived together, a law was formed known as Divorce. Divorce declares a marriage null and void in the eye of the law. Divorce is surely needed as a safety law, everyone needs to compromise with their partner in married life but compromise includes things like trust, giving independence, mutual understanding, compromising with each other’s unexperienced habits if have one, letting each other live their life as they want, and no single dominant partner, both to be treated equally. These are some of the things which are needed between a married couple but the main thing is mutual understanding, if this is not between the couple then the marriage is long ago over. If two individuals in a marriage are not compatible it is hard for them to live, it would feel like jail or hell for them every day as if they are prisoned in a forced relationship, and that’s why they need to be separated and for that a legal formal process ‘DIVORCE’ has been made. Though in India it is not just a paper away work, it took a lot of courage to come to this decision because some religions or societies still don’t accept a divorcee in a society, and they get a lot of backlash for being a divorcee. Background & Evolution Divorce known as a legal way for separation, was found and practiced in British India in the year 1869 and this law was not really for Indians it was generally made for Christians who were looking for a way to end marriage lawfully, resulting in divorce. In India it was not easy to generalize the system of divorce, Indian society would never accept a divorcee in a society so they would not let a couple end their relationship. Even if they are in a toxic relationship, they need to stay just like this and bear with it for the rest of their life. This later on resulted in an increasing rate of domestic violence. In India divorce was not normalized at that time they gave a lot of importance to the patriarchy and women were not educated enough to be aware of their rights. Later on, in the year 1955, an act was formed known as the Hindu Marriage Act, 1955. It was made to let people file for divorce under this act. The Hindu Marriage Act is established to help both bride and groom to safeguard their fundamental rights and right to live without any violence and discomfort. Several laws were made under this act in favor of women, and that was needed because in earlier times women tended to suffer a lot more than men. sometimes men also suffer in a relationship but the majority are always women. After the act was made women started getting aware of their rights and started to take a stand for themselves. They realized that they don’t need to be in a toxic relationship forcefully they can end things if it’s getting overboard. It doesn’t mean that a husband or wife is cheating on their partner and for remarriage they need to let go of their partner so they file for divorce, if such a case happens the other partner can reach out to the court for restitution of conjugal rights if the reason of divorce is not a reasonable and legal excuse, they can reach court for that. The process of divorce has evolved a lot in the present time the rate of divorce is also getting high in India which was not possible in earlier times, but it doesn’t mean that it only has a positive impact, it has both positive and negative. Positive because now both individuals can live freely and however, they want, and negative because by all these divorce processes children suffer a lot they get childhood trauma, they get the incomplete love of parents, as they experience the pain of separation from loved ones in a very young age. Divorce has evolved a lot over time, everyone is now aware of the process of ending a toxic relationship that they won’t dare to spend the rest of their life. Comparison with other Countries India has the lowest rate of divorce worldwide. Generally, western societies traditionally have higher divorce rates than Asians. It’s not a great thing that India has the lowest rate of divorce because it means that they are forced to stay in an unwanted relationship. After all, they are afraid of the backlash they would get if they get a divorce. India is a diverse country and values their culture a lot, it is a country where people still decide to stay in a joint family and depend on each other. On the other hand in Western culture, no one stays in a joint family even teens start living on their own by coming to an age, when they don’t care much about society culture, and norms they do what they like and feel like to do without thinking of society, in western societies an individual’s decision is respected they won’t get judged by the society they don’t fear society’s thought process that much. In India, it is hard for a divorcee to live freely because society would look down on that person rather than feel sympathetic for them and demotivate them by their words. Unlike in other countries where love marriage is normalized, every individual has the right to marry whoever they want irrespective of their caste, creed, or religion. India is not at all like this, Indian culture doesn’t support love marriage, inter cast, or inter religion much. The majority of Indian weddings are arranged and in arranged marriages, individuals don’t know each other that much which results in a lack of intimacy and love which makes them stay with their partner longer. Another difference is the financial dependency of women on men, In western culture very few females are dependent financially on their husbands, the majority are financially independent while in India majority of females are dependent on their husbands financially, nowadays this thing is changing and women in India is also getting financially independent on their own but majorities are not really financially independent, they depend on their husband, this is the reason why the divorce rate in western countries is much more in comparison to India. In India divorce generally takes place in rich class family, middle class people avoid getting divorced as much as they can. GROUNDS In India, divorce is granted mainly on various grounds. These are Adultery, Desertion, Cruelty, mental disorders, chronic disease leprosy; venereal disease, etc. These grounds for divorce in India are mentioned under the Hindu Marriage Act, of 1955. ADULTERY Adultery is an act where a person is involved in any kind of sexual relationship, also intercourse outside marriage. If husband or wife is cheating on each other by committing an act of adultery then this single act is enough for the petitioner to get a divorce. Adultery is known as a criminal offense and requires considerable proof to establish it. CRUELTY In marriage, if the partner gives physical or mental injury to their partner then a spouse can file a divorce case. The cruelty under the Hindu Marriage Act includes any type of false allegation, excessive demand of dowry, an injury that causes danger to life, perverse sexual act, mental torture, and such types of cruel offenses are defined under this act. DESERTION In a marriage if the husband or wife by their own choice disowns his/her partner for some time such as two to three years, then the abandoned spouse can file a divorce case. MENTAL DISORDER If one of the partners is suffering from any type of mental disorder that in incurable and results in insanity which may harm the spouse in the future and they won’t be able to stay till last together, then the spouse can file for divorce on the grounds of mental disorder. VENEREAL DISEASE If one of the partners is suffering from a serious disease that can be transmitted easily and is communicable, such as AIDS is considered as venereal disease. Then the spouse can file a divorce on the grounds of venereal disease. There are many more grounds for divorce these were some of them explained in short. PRINCIPLE There are certain rules and principles for divorce in India under the Hindu Marriage Act, of 1955, which apply only to Hindu religious people. Every religion has its customs and culture, so some laws are made differently by keeping the religion and customs in mind. Nowadays, even in India, the partners don’t hesitate much to get a divorce and move on in their lives. According to section 13 B (2), if the married couple moves to the court for divorce with mutual consent, a mandatory six-month period is given to them in case they change their mind in these six months. this rehabilitation six-month period was necessary to give, but now there is a change in the rule and it’s not that mandatory anymore, now it depends on the court’s discretion. A civil court can only give the order for divorce. there are other rules and principles which help to understand the divorce process clearly, it helps to understand all the process. CASE LAWS Akanksha vs Anupam Mathur In this case, it was observed by the supreme court that the couple had made a voluntary decision to divorce and that there was no need to make the couple wait another 6 months for divorce. the court decided to dismiss the 6-month time limit and conclude the marriage. Sangamitra Ghose Vs. Kajal Kumar Ghosh In this case, the court states that they are fully satisfied that the marriage between the couple has irretrievably broken down because of inconsistency of personality. there has been a total vanishing of an emotional framework in the marriage. Naveen Kohli v. Neelu Kohli (2006) This divorce case is based on the ground of cruelty, the Supreme Court restates that if a marriage has broken down hopelessly or irretrievably and there is no possible sign of reunion, then it can be considered a reasonable ground for divorce. The court noticed and concluded that it was a waste to force parties to live together as it would only lead to great disaster. Statistical Analysis / Data Analysis India has the lowest divorce rate worldwide. 108 divorces in 2021(0.077) 315 divorces in 2020 (0.022) Because of patriarchy, male-dominated society, culture, norms, and women’s financial dependency, the divorce rate in India is lowest. CONCLUSION & COMMENTS Divorce is not just an ordinary social importance; it is a serious social and psychological significance.in India, it was not easy to get divorced or even think about getting a divorce. Divorce is an escape for those spouses who suffer every minute and hour of suffering in the guilt of living with someone toxic or not compatible with them. Divorce affects the personal and social life of the partner and the whole family members. To safeguard the divorce process from getting misused by any spouse, several grounds were made. These grounds help decide the valid reason for granting a divorce. After 1955 when the reformers introduced the Hindu Marriage Act, 1955, it became easy for the parties to resolve any dispute going on in their married life, and could leave if things got too complicated and hard to handle for the rest of their life. Before 1955, there was no provision for separation or leaving the partner legally. Divorce rates are now increasing because of changes in the mindset of an individual, people are getting educated about their rights and know how to fight for themselves, they come forward and take a stand for themselves and move on in their lives. Though divorce rate of India used to be the lowest and still is the lowest compared to other countries. REFERENCES Online Articles / Sources Referred https://www.lexisnexis.in/blogs/divorce-under-hindu-marriage-act/#:~:text=A%20brief%20history%20of%20the,divorce%20or%20allow%20for%20it https://divorce.com/blog/divorce-rates-in-the-world/#:~:text=Lowest%20Divorce%20Rate%20Country,)%20and%202021%20(0.077 https://aishwaryasandeep.in/concept-of-irretrievable-breakdown-of-marriage/#:~:text=Case%3A%20Sangamitra%20Ghose%20vs.,emotional%20substratum%20in%20the%20marriage Cases Referred Akanksha vs Anupam Mathur Sangamitra Ghose Vs. Kajal Kumar Ghosh Naveen Kohli v. Neelu Kohli (2006) Statutes Referred Hindu Marriage Act, 1995 - [Compensation to the Victims of Crime under Criminal Law](https://lawfoyer.in/compensation-to-the-victims-of-crime-under-criminal-law/) - Author-Chaitanya Sharma, National Forensics Sciences University, Delhi INTRODUCTION Providing compensation to the victim is a very important aspect of any criminal justice system. Especially in India where there is a very high crime rate requires significant attention from the legislature as well as from the judiciary to take appropriate actions. Victims who go through with the crime suffer from physical as well as mental injury. To alleviate their sufferings victim compensation is provided to them with a sense of justice and make them assure that they will get speedy justice. In this article firstly we will go through who is a victim under the scheme of victim compensation then legal provisions dealing with victim compensation, and hurdles in getting compensation after this we will dive into the recent developments going on in the victim compensation scheme and what is the mechanism framed for getting compensation and finally, we will conclude. Keywords: Victim Compensation, Code of Criminal Procedure, Victim, Accused, Criminal Justice System Who Qualifies as a Victim of Crime? Any person, group, or entity that has suffered harm, which can be of any type including mental, physical, economic, or other. The beauty of the Indian legal system is that it considers victims to those people also whose perpetrators are absconding or not yet prosecuted. If someone is dead as a result of a crime the family members of the deceased will be regarded as the victims and they will be provided all the facilities which are provided to the victim itself. A victim can be defined as “a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heir”[1] Another definition of victim is as follows “Persons who individually or collectively have suffered harm including physical and mental injury emotional suffering, economic loss or substantial impairment of their fundamental rights through acts or omissions that are violation of criminal law”[2] Legal Provisions Dealing with Victim Compensation: Constitutional laws: Article 14: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”[3] Article 21: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”[4] Criminal Procedure Code,1973: Section 357: “When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied--- (a) in defraying the expenses of properly incurred in the prosecution; (b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court; (c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death; (d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto.”[5] Section 357A: “Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.”[6] Section 358: “(1) Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding 1[one thousand rupees], to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit.” (2) In such cases, if more persons than one is arrested, the Magistrate may, in like manner, award to each of them such compensation, not exceeding 1 [one thousand rupees], as such Magistrate thinks fit. (3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid.”[7] Section 359: “Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process-fees, witnesses and pleader's fees which the Court may consider reasonable. (2) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.”[8] Hurdles in Getting Compensation: Every state has its own victim compensation scheme which creates non-uniformity across all states and they don’t abide by central government guidelines and by these discrepancies victims have to suffer. Wide umbrella terms have been made by the state government which includes several crimes under one ambit and they have already set a prerequisite amount of compensation which is an injustice to the victims. Each state has its own theory to allocate victim compensation, some states regard nature of crime as primary fact for compensation while other states regard age as a fact of awarding compensation. Due to increase in crime rate in India, the recipient of victim compensation has increased to an alarming level which directly affects the state treasury. The process of awarding the compensation is very lengthy which takes a large number of times to allocate the compensation. Measures: Victimology must be introduced in the Indian criminal justice system and judges and lawyers need to understand that giving harsher punishment will not benefit the victim, rather actions which are reparative in nature will help them start their new life again. A new mechanism must be made to assess the impact of the crime on the victim and after assessing all the factors than victim must be awarded the compensation. Proper implementation of laws must be taken place sections 357 and 357A of the Crpc talks about compensation but their implementation is very important in mainstream to compensate the victims. Recent developments: Ministry of Home Affairs in 2018 established victim compensation scheme, which aims to provide financial assistance to victims and made the process transparent as well as speedy. This scheme works on the theory of restorative justice and help the victim to mitigate his financial burden. In year 2015 the central government set up the Central Victim Compensation Fund Scheme. The main aim of this scheme is to support the various schemes going on in various states and UTs. It talks about the budget allocation, particularly for victim compensation and if any state was lacking funds central government helped the respective state by allocating the funds. Supreme Court of India in its various judgements has reiterated various guidelines and orders to state as well as executive agencies to comply with it some of the landmark judgements of the Supreme Court are as follows: Ankush Shivaji Gaikwad v State of Maharashtra (2013)6 SCC 770: The Supreme Court of India in this landmark judgement made it compulsory for trial courts to consider grant of interim compensation and specifically give reasons for not awarding the interim compensation Rudal Sah V State of Bihar AIR 1983 SC 1086: The petitioner in this case was illegally detained for more than 14 years and after due deliberation he was released and a writ petition was filed by the petitioner and Supreme Court awarded the petitioner with a compensatory amount of 30,000 Rs. It was the first case in India where a writ court in India awarded compensation for illegal detention. MC Mehta V Union of India AIR 1987 SC 965: The Supreme Court held that its power under Article 32 is not just confined to preventive measures when there is a violation of fundamental right but it has its scope to remedial measures which also includes compensation where rights of the victim have already been violated. Hitendra Vishnu Thakur Vs State of Maharashtra (1994 )4 SCC 602: It was held by Supreme Court that “…A procedural statute should not generally speaking be applied retrospectively where the result would be to create new disabilities or obligations or to impose new duties…” Suresh v. State of Haryana (2015) 2 SCC 227: The Supreme Court held that “It is the duty of the courts, on taking cognizance of a criminal offence, to ascertain whether there is tangible material to show commission of crime, whether the victim is identifiable and whether the victim of crime needs immediate financial…relief.” The gravity of offence committed towards the victim and the condition of victim are the grounds to decide the compensation. CONCLUSION & COMMENTS Victim compensation under criminal law has witnessed systematic and fast progress in awarding compensation to the victims. Though the legal provisions in criminal law are hard to comprehend and checking the credibility of the victim is still a challenge the Supreme Court of India has played a vital role in this regard and by its myriad judgements tried to bridge the gap between courts, executive agencies and financial institutions. Lack of funds is a very serious problem states going through but the Central Government by its various initiatives tried to release the load over state. Regular auditing of funds should be done to check the progress in compensating the victims. By prioritize the victim compensation India can move towards a victim centric criminal justice system which not only punish the criminals but also compensate the victims and help them to get justice speedily and without any financial Hurdle. REFERENCES Online Articles / Sources Referred efaidnbmnnnibpcajpcglclefindmkaj/https://docs.manupatra.in/newsline/articles/Upload/6F5E12E5-2A56-49A9-BF1B-CBE1DF4F8726.2-F__criminal.pdf https://www.legalserviceindia.com/legal/article-6103-a-critical-study-on-victim-compensation-under-various-laws-of-india.html https://www.livelaw.in/tags/victim-compensation https://www.scconline.com/blog/post/2024/01/10/delhi-government-published-amendment-in-delhi-victims-compensation-scheme-legal-news/ Cases Referred Ankush Shivaji Gaikwad v State of Maharashtra (2013)6 SCC 770 Rudal Sah V State of Bihar AIR 1983 SC 1086 MC Mehta V Union of India AIR 1987 SC 965: Hitendra Vishnu Thakur Vs State of Maharashtra (1994 )4 SCC 602 Suresh v. State of Haryana (2015) 2 SCC 227: Statutes Referred Code of Criminal Procedure Constitution of India Section 2 (wa) - Code of Criminal Procedure,1973 UN Declaration of Basic Principles of Justice for victims of crime, including those law proscribing criminal abuse of power, 1985 Constitution of India,1950 Constitution of India,1950 Order to pay compensation., https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_000010_197402_1517807320555§ionId=22766§ionno=357&orderno=399. Victim compensation scheme., https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_000010_197402_1517807320555&orderno=400. Compensation to persons groundlessly arrested, https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_000010_197402_1517807320555&orderno=403. Order to pay costs in non-cognizable cases., https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_000010_197402_1517807320555&orderno=40 - [MUTUAL DIVORCE UNDER HINDU MARRIAGE ACT, 1955](https://lawfoyer.in/mutual-divorce-under-hindu-marriage-act-1955/) - Author-Satpathy Gayatree Geetaswaroop, Birla School of Law, Birla Global University, Bhubaneswar INTRODUCTION Marriage brings two people together and unites them as a life partner socially or legally or both which strongly establishes their rights, duties and obligations between them and definitely with their children. Marriage also involves emotional, mutual commitments, friendship, partnership, financial, social and legal duties. Marriage as a social and formal institution that has ‘n’ number of things apart from mentioned above included in it; among the spouses aiming to stay together, creating a healthy, stable and happy family. But sometimes, destiny has it’s own plans. Everything can’t never happen the way we want and same is for marriage. Disturbance between couples is a clear cut reflection of their disagreements, miscommunications, misunderstandings and emotional distance etc. Ill arguments leading to separation of spouses is a common scenario. Some face very hectic separation, on the other hand some opt for mutual divorce on the ground that they were unable to live together and mutually agreed to dissolve the marriage. Keywords:Consent, Mutual agreement, Joint petition, Divorce, Hindu law MEANING: In simple words; spouses seeking or getting divorced with mutual agreement or consent. EXPLANATION: Mutual divorce or divorce by mutual consent is a process where both the parties or spouses in a marriage agree together to terminate their marital relationship amicably and legally as a result they file a joint petition in the court expressing their will to dissolve their marriage in which it is mentioned that, both the parties have agreed mutually to get separated due to incapability or incompatibilty to stay together. EVOLUTION OF DIVORCE IN HINDU MARRIAGE LAW: From the ancient times, marriage in Hindus has always been considered as pious, sacramental form of union between two opposite genders; i.e. a man and a woman. The concept or idea that lies behind marriage in Hindus is to stay committed and dedicated for lifetime cooperating with all ups and downs while maintaining love, harmony and togetherness. Divorce was neither a choice nor an option for the spouses at that time as they were bound to fulfill their commitments regardless of any obstructions in their marital relationship. Legal Hindu textbook ‘Manusmirti’ has never explicitly talked about divorce as the belief of a persistent marriage was practiced. Slowly and gradually as the society grew and evolved, laws needed amendments too. When it comes to divorce laws in India, the Indian society has never made itself broad enough to accept a divorced couple; especially a divorced woman. Legalising divorce was definitely a challenge for the Indian law but also a great and effective move to make the Indian society evolve in a much better way resulting in women empowerment and evolvement of law in all aspects. Hence the Hindu Marriage Act 1955 was enacted approving divorce laws in India. WHAT CAUSED TO LEGALIZE DIVORCE IN INDIA? In India it was observed that individuals in a marital relationship were facing issues to continue their marriage further and if they wanted to do so, there was no proper way or a channel to follow to get separated. There were women who suffered a lot mentally, physically and emotionally by staying in a disturbing marriage. According to various surveys, women didn’t get the life that they had thought of before getting into a marriage. They even mentioned that, the married life they entered into was just only a one day of celebration and not a lifelong commitment. Not only women, men were also facing various issues regarding their bitter relationship with their wives which ultimately gave rise to bring divorce laws in India. PROVISIONS TO DISSOLVE A MARRIAGE UNDER HINDU LAW: A solemnized marriage on the interest of the parties or the spouses can be dissolved by Judicial separation and Divorce under the Hindu Marriage Act, 1955 (HMA). JUDICIAL SEPARATION UNDER HMA, 1955: Judicial separation is considered lesser cruel than divorce because it has chances of reconciliation. It is not dissolution of marriage rather it suspends all marital duties, rights and obligations of the parties; the husband and the wife. Judicial separation has been mentioned under section 10 of the Hindu Marriage Act, 1955 in which it is stated that, either of the party if want can present a petition before the court of law stating for a decree of judicial separation on any of the grounds suitable to the party mentioned u/s 13(1) and 13(2) of them HMA. Once the decree of judicial separation is passed, parties or the spouses are no longer obligatory to stay together. DIVORCE UNDER HMA, 1955: Divorce has been mentioned under section 13(1) of the Hindu Marriage Act, 1955 which states that any marriage solemnized before or after the enactment of this act, the parties in the marriage can dissolve their marriage by a decree of divorce on presenting a petition; any of the either spouse can present the petition. The following grounds should be kept in mind to file a divorce petition: Adultery: u/s 13(1)(ia); having or had voluntary sexual intercourse with any other individual other than his or her spouse. Cruelty: u/s 13(1)(ib); this includes both mental cruelties in which the exchange of thoughts, kindness, and understanding gets lost between the partners resulting in adverse issues disturbing the mental and physical cruelty; where one of the spouses causes injuries on body of the other spouse making her or him weak to do any task physically. For example- communication gap between husband and wife disrespecting either of the spouse even by a mini humour not respecting either of the spouses family indecent and indiscipline lifestyle of either of the spouses Conversion: 13(1)(ii) states that either of the spouse has ceased to be Hindu by conversion to any other religion Unsoundness of mind: u/s 13(1)(iii) either of the spouse had unsound mind, or suffering constantly from mental disorder to a such extent that it made difficult for either of the spouse to live with him or her. Veneral Disease: u/s 13(1)(v) states either of the spouse can seek for divorce if any one of them is suffering from a communicable venereal disease. Renounciation: 13(1)(vi) says that either of the spouse has renounced the world. Assumption or Presumption of death: 13(1)(vii) states if either of the spouse has not been heard of being alive for seven years or more and this information is authorized in regarding who might have heard it naturally. DIVORCE BY MUTUAL CONSENT UNDER HINDU MARRIAGE ACT, 1955: This is probably the best and the most advisable ground to take a divorce. Divorce by mutual consent was inserted by (Act 68 of 1976, Section 8). In HMA it has been mentioned under section 13(B) where it states that parties can jointly file a petition before the district court on the following grounds mentioned: Living separately for a period of one year or more: Here “living separately” means that parties were not anymore living as a husband and wife neither under the same roof or different houses. Had not been able to live together: This means breaking of marriage irretrievably. Mutually agreed to dissolve the marriage: Decided to have a mutual settlement amicably. PROCEDURE: Grounds mentioned above in point ‘G’ of this article shows the eligibility to file petition for divorce. Keeping these grounds in mind there’s a hierarchy for the parties to follow to get divorced, which are as follows: After presenting the petition, parties need to wait for six months but not more than eighteen months. Six months from the date of petition presented and not later than eighteen months after the date has been declared. The parties need to move a motion in the court stating that a decree of divorce to dissolve their marriage be passed. The parties are absolutely free to withdraw their petition but this is only possible within the period of six to eighteen months and not after that. If not withdrawn, the Court will be satisfied that the parties don’t want to continue their marriage further and the facts mentioned in the petition are true, the decree of divorce will be passed effectively from the date of decree. Note: The motto of providing six to eighteen months (also known as cooling-off period) to the spouses or parties to make them reconsider about their marital relationship dissolution; if they ever think to change their minds to re-unite, they have to do this within the period of six to eighteen months given to them. UNILATERAL WITHDRAWAL OF CONSENT BY ONE PARTY IN MUTUAL DIVORCE: Yes, in a case the Delhi High Court in 2018, held that either of the party can unilaterally withdraw his or her consent not to opt for mutual divorce only in exceptional cases with valid and reasonable grounds. LANDMARK CASE LAW: Manish Goyal vs Rohini Goyal (2010) 4 SCC 393 Facts of the case: Both the parties; Manish and Rohini filed a petition for divorce by mutual consent and satisfied the court that there is no chance of reconciliation and they both strongly agreed the facts metioned in their petition where as subsequently submitted another application to the court to waive of their six month timeline for filing the final petition to get divorced. The District Court denied it and eventually the petition was presented in the Supreme Court. Issues raised in the case: Whether the timeline of six to eight months specified in section 13-B(2) of the Hindu Marriage Act,1955 is mandatory? Whether the waiving off the six-month window period is only mandatory in exceptional cases? Judgement: The Supreme Court held that, legal requirement of waiting for six months before granting divorce under section 13-B(2) in the Hindu Marriage Act, 1955 is not mandatory but directory. However, the Supreme Court also mentioned that power to unwind the mandatory requirement of six months waiting period can only be exercised by the Supreme Court only under Article 142 of the Indian Constitution in which “extent of executive power of State” has been stated. CONCLUSION& COMMENTS Divorce has always been considered as the most disturbing phase for any couple in their whole marital life. It has adverse effects on families of the spouses including their children but sometimes situation can be worst to a such extent that termination of marriage becomes the only solution to solve the problem. The Hindu Marriage Act, 1955 has various provisions for individuals whether it is a man or a woman that wants to get divorced and in this act it has given, meaning, explanation and definition, procedure, precedents and theories supporting dissolution of marriage. The Hindu Marriage Act wisely and reasonably justifies remedies for spouses getting divorced. Resolving disturbance or disputes between spouses in not an easy task but legislation did its best to give some relief to the spouses or the parties. Last but not the least, divorce by mutual consent is by far the most amicable way of handling and tackling a serious issue like divorce. REFERENCES Books / Commentaries / Journals Referred Family Law, Dr. Paras Diwan Online Articles / Sources Referred Indian kanoon SCC online Cases Referred Raj Vinod vs Smt. Durga Devi 2002 Jayashree Vs Ramesh, AIR 1984 BOM HC Santhosh Kumari vs Virendra Kumar AIR 1986 Akhil Kumar Jain vs Maya Jain (2009) 10 SCC 415 Ajay Bhikulal Gujar vs Shyamati Gujar AIR 2021 SC 3341 Kaizer Basu vs Mahua Basu AIR 2014 Cal 180 Davinder Singh Narula vs Meenakshi Nangia AIR 2012 SC 2890 Statutes Referred Hindu laws (Bare Act) The Constitution of India (Bare Act) The Marriage Laws (Amendment) Act, 1976 Indian Divorce (Amendment) Act, 2001 - [Tangled Webs: White Collar Scams in India](https://lawfoyer.in/tangled-webs-white-collar-scams-in-india/) - Author-Pooja, Rayat College of Law, Railmajra INTRODUCTION For many decades, the news headlines about scams and frauds committed by individuals and corporations have become more prevalent in India. Unfortunately, several people are unaware of these scams like Phishing calls, Telegram fraud, custom duty scams, financial scams and more. However, these practices are still ongoing, and offenders are taking advantage of loopholes in the statutes due to the negligence of lawmakers during the creation of laws. Nobody dares to question these practices till the day when news headlines reveal that ‘A’ person fled to ‘B’ Country before any legal action can be taken as he has committed default in repaying such amount i.e., raised or borrowed money by him from multiple sources from the past ‘X’ years. When an aggrieved party or parties file the petition before the court then it’s already too late to administer justice to them because defaulters know very well how to defeat the law as the judiciary has no jurisdiction beyond the country even if all the evidence shows yes, it is a scam. For example, if the Judiciary gives judgment against the offender but during the time of execution of the decree in general question arises how we can recover that money as the Offender did not leave any sufficient property as all the properties belonged to him at ‘B’ country, where the offender currently resides. All the victims are not able to get their funds back due to the typical procedure established by the committee and not a proper channel of communication to listen to the queries of the victims because of the incomplete investigation from the side of the authorities. No doubt, many people will say that they have official data to prove that people getting refunds, but the reality is much different from the data. Normally. data is just a formality nothing else because a large number of people commit suicides[1] and lose hope in the justice system. We can see that on the surface everything is going on very smoothly but if we dive into reality then we will see there is an ocean of corruption and laziness from the side of the authorities. In the end, Authorities treat the victims in such a manner which makes them believe that they are the root cause of the problem, not the defaulters because justice is in the hands of such people and there is no one to address their miseries. That’s why, reality is too harsh and beyond the way. Now, we can understand that it is a very well-planned tactic and generally played by the many offenders at every time because they believe that no one can restrict such activities as they have the power in their hands till they have money which is sufficient to feed the mouth of corrupted officials and for that sake, such officials will protect them as far as possible. However, On the other side, many officials are honest and dedicated to their profession. Still, they do have not the power to restrain such corrupt practices that are adopted in the world of the corporate. Even Today, there is no specific legislation to deal with, regulate and provide adequate relief against such practices. Ultimately, these practices are increasing at a higher pace. In this article, we will understand the meaning, statutory provisions, Problems and remedies to prevent such Crimes in the interest of justice. Keywords (Minimum 5): Corruption, Money 'Power, Loopholes in Statutes, Lack in the implementation of Law, Defeat of Justice, Corporate Crime and Scams. Meaning, and Definition: White-collar scams fall under the umbrella term of white-collar crime. White-collar scams are one of the white-collar crimes. It means the scope of white-collar crime is much greater than white-collar scams. A “scam” generally refers to a deceptive, manipulative or fraudulent scheme. These scams are designed to cheat someone out of money or assets. When this type of fraudulent activity is adopted by individuals or entities in positions of authority, trust, or influence. This is how scams become white-collar scams[2][3] "Crime committed by a person of respectability and high social status during his occupation." -------------- Edwin Sutherland In other words, White-collar crimes denote non-violent, illegal activities, financially motivated and tricks like deception, fraud, or manipulation particularly committed by individuals of high social status, such as professionals, business executives, or government officials, during their occupation or profession. Historical Background In 1930, The Sociologist and Criminologist Edwin Sutherland coined and popularised the concept of white-collar crime. Before this, there was a myth that individuals from the upper social class never indulge in such unethical and immoral practices. Sutherland challenged this notion and brought attention to the involvement of respected individuals in illegal activities[4]. Since then, various theories and approaches have been developed to analyse and address issues concerning such crimes. Over time, Due to technological advancement and globalization, these crimes have become more sophisticated because of the complex financial schemes and regulatory challenges[5]. “The Santhanam Committee's report showed a wide picture of white-collar crimes committed by respectable individuals such as businessmen, industrialists, contractors, and suppliers, as well as corrupt public officials. The motivation for committing a crime is not always based on necessity.[6]” It includes Businessmen, Industrialists, Contractors, Suppliers and not surprisingly corrupt Public Officials. In May 1958, the government appointed a Board of Enquiry headed by Justice Vivian Bose[7]. In 1963, The Reports of the Vivian Bose Commission[8] investigated the affairs of the Dalmia Jain group of companies and drew attention towards the Businessmen who often indulge themselves in White Collar Crimes such as Forgery, Fraud, Falsification of accounts, Tampering with records for personal gains and Tax evasion etc. Consequently, the problems like huge financial, social, and psychological suffering by the victims and society at large[9]. Principles and Doctrines: Strict Construction and Interpretation of Criminal Statutes - The idea behind this principle is that there must not be a formality when the laws are enacted but every provision contained in the statutes must address the issues and the procedures in the concised form. Therefore, criminal statutes must be construed strictly and interpreted precisely by keeping in view the practical application of the laws. The Tricks of Deceit and Concealment - This doctrine states that in this AI era, it is an easy task to access information because lack of security issues and data is bought and sold by such persons who do not have the authority to do so but this is the reality and lack of the vigilance from the side of the authorities. Hence, criminals often employ fraudulent schemes, misrepresentations, or false information, to accomplish their objectives. Causes behind the criminal intent of the Individual - This concept is very helpful to understanding and investigating the criminal behaviour of individuals, such as rule-violating nature, greed, lack of awareness among people, lack of strict rules and laws, lack of accountability, peer support, loopholes of legal structure, technological and industrial development[10]. Therefore, this list is not limited but understanding of these factors aids in identifying and combating such crimes. As, there are various theories such as rational choice, social control, strain etc, that can be applied to explain the motivations and tactics behind white-collar crimes. This is how researchers and policymakers can understand the root causes of such offences. Essentials / Elements / Pre-requisites: One of the most essential points is that there must be the presence of the Intention to deceive The statement by the person that he/she is from an ‘X’ company 'agent or your relative’ friend is like impersonating themselves to gain the trust of the individual. Such act known as Breach of trust, The intention to deceive someone only because there is an existence of financial motive, In scams, the most common element is to operate illegal activities by showing that these activities are complying with the law. This is called the concealment of illegal activities. Note: A thorough investigation is required to uncover the scams may involve complex schemes and multiple parties. Exceptions: There must be a lack of intention to deceive the victim to gain undue financial advantage. When there is no meeting of mind that leads to the mistake of fact. No usage of manipulative tricks to trap the victims to do such acts which they ordinarily resist to do so. It is known as There must not be use of force of any type over the victim to do such an act. Such acts count as However, proving these defences can be challenging due to the nature of white-collar scams and the evidence required to establish guilt. Forms / Modes [11] Some common types of white-collar scams[12]: Fund Embezzlement: The misuse of funds by the executives within organizations that are entrusted under the care of the individual. Fraud[13]: “Fraud occurs when someone knowingly lies to obtain a benefit or advantage to which they are not otherwise entitled, or someone knowingly denies a benefit that is due and to which someone is entitled”[14]. In other words, there must be a presence of an intention to deceive to secure unfair or unlawful financial gain, which can include: Investment Fraud, Insurance Fraud, Forgery, Credit Card Fraud, Securities Fraud, Bank Fraud, Online Auction Fraud etc For example, in the case of Punjab National Bank Fraud (2018): Over Rs 14,000 crores was defrauded by Nirav Modi (Billionaire Jeweller) and this fraud was committed via the issuance of fraudulent Letters of Undertaking by a subordinate clerk at a single Mumbai branch. Insider Trading: “This practice that often blurs the line between legitimate investment activities and unlawful behaviour. It happens when individuals or entities buy or sell securities in a company based on non-public, material information about that company. This practice can lead to unfair advantages, market distortions, and loss[15]. For example, In the Re Harshad Mehta Scam (1992) case: This is one of the biggest securities scams in Indian history and it involved fraudulent brokerage practices and over Rs.6,000 crores in bank funds being siphoned off. Ponzi Schemes: In this scheme, at first, the funds are collected from new investors then these funds are used to pay returns to their earlier investors, creating the illusion of profit when no legitimate business activity is occurring. For example, In the Re Rose Valley Chit Fund Scam (2012-13) case: An estimated Rs 15,000 crores Ponzi scheme defrauded lakhs of small investors across India. Pyramid Schemes: This scheme is familiar with the Ponzi scheme, where participants are recruited to make payments to those above them in a hierarchy, promising future profits based on recruiting more participants. Example: In the Re PACL Ponzi scam case (2014): In the Re PACL Ponzi scam case (2014): PACL collected over Rs 45,000 crores through its instalment payment plan and cash down payment plan as part of its collective investment scheme. The investors were lured by promises of an interest rate of 12.5 per cent on deposits are much better option instead of investing in the Fds and depositing in the savings bank account, besides free accidental insurance and income tax-free maturity. Sebi passed an order asking the company to refund Rs 49,100 crores, with promised returns.[16] Phishing Scams: This is a method of sending fake emails or messages to trick individuals into providing sensitive information, such as passwords or credit card numbers. Afterwards, this information is used for identity theft or financial fraud. Tech Support Scams: Tech support personnel convince victims to provide remote access to their computers as they impersonate themselves so that individual will believe their words and do such acts that scammers want them to do. That‘s why, it is easier for scammers to steal personal information or install malware. Business Email Compromise and Phishing Calls: Scammers use compromised email accounts and phone numbers to impersonate executives or employees, tricking others into transferring funds or sensitive information. Identity Theft: In this era, both online and offline at some official platforms sharing of personal data is very common but our data are sold/leaked by the sources to whom we give access to have our data. That’s how Scammers Illegally obtain and use someone else's data, such as Social Security numbers or credit card information, for financial gain. Loan Scams: Offering fraudulent loans with unrealistic terms and prerequisite conditions is upfront fees or personal information that can be used for identity theft[17]. Legal Provisions and Regulations India's legal framework addresses white-collar scams with specific statutes and provisions: Statutes: “Central Bureau of Investigation (CBI) Act, 1946 - The CBI is the premier investigating agency in India to investigate major crimes, including white-collar crimes. The CBI Act empowers the agency to investigate offences across state borders”[18]. “Banking Regulation Act, 1949 [19]- Sections 33A, 34A, 35 dealing with banking related fraudulent transactions, falsification of accounts”[20]. “Income Tax Act, 1961[21] - This act includes provisions related to tax evasion, which is a common aspect of white-collar crimes. Evading taxes through fraudulent means is punishable under this act”. Havells India Ltd Tax Evasion (2016): Tax evasion of over Rs 500 crores by under-reporting sales and profit figures over several years. “Securities and Exchange Board of India (SEBI) Act, 1992” [22] The Securities and Exchange Board of India Act regulates the securities market and aims to prevent market manipulation and insider trading. Amendments: Amendments have been made to the SEBI Act to enhance regulatory oversight and enforcement against insider trading and market abuse. Indian Penal Code (IPC)[23] Sections 403 to 409 deal with offences related to criminal breach of trust, misappropriation, and cheating. Sections 463 to 468 cover forgery and counterfeiting. Sections 471 to 474 address the use of forged documents as genuine. Amendments: The IPC has undergone various amendments over the years to strengthen provisions against white-collar crimes. Notable amendments include updates to punishment clauses for fraud, misappropriation, and financial offences. [24]. Information Technology Act, 2000[25]- With the rise of cybercrimes related to white-collar offences, this act provides legal provisions for electronic fraud, data theft, and hacking. Prevention of Money Laundering Act, 2002[26]: This Act focuses on dealing with corruption involving public officials and public servants. Commonwealth Games Scam (2010): Large-scale inflated expenses and corruption during preparation for the games with over ₹70,000 crores estimated to have been laundered. Amendments: Amendments to this Act have introduced stricter penalties for corruption, bribery, and illegal gratification. Central Vigilance Commission Act, 2003[27]: This act enhances vigilance in public sector organizations[28] “Lokpal and Lokayuktas Act, 2013[29]: Establishes Institutions to Combat Corruption[30] The Act provides for the establishment of Lokpal at the central level and Lokayuktas at the state level to inquire into allegations of corruption against public officials.” “The Lokpal and Lokayuktas (Amendment) Act, 2016[31],2019 and, 2020, introduced provisions for declaring assets and liabilities of public servants and their family members. Also amended various sections to enhance transparency, streamline procedures for filing complaints, protect whistleblowers and for the extension of the time limit for public servants to declare their assets and liabilities.” “The objectives behind these amendments are to strengthen the functioning of Lokpal and Lokayuktas, increase accountability, and expedite the resolution of corruption cases. It covers various offences related to corruption and misconduct by public servants.” Prevention of Corruption Act, 1988[32] “The Prevention of Corruption (Amendment) Act, 2018[33], introduced stringent provisions against corruption, including criminalizing giving bribes and punishing commercial organizations for bribery.” The objectives are to ensure speedy trial and enhanced punishment for offenses related to bribery, corruption and curb corruption and promote transparency in governance. This Act complements the Lokpal and Lokayuktas Act by defining various offences related to corruption involving public officials and public servants. and prescribing penalties Amendments: The Act has undergone amendments to enhance penalties and widen the scope of offences, to complement the objectives of the Lokpal and Lokayuktas Act.” “Foreign Contribution Regulation Act, 2010[34]: Regulates foreign contributions and targets financial misconduct[35].” “Companies Act (2013)[36]: The fraud committed by officers of a company falls under the Sections 447 and 448 like financial statement fraud falls under this. One more thing is that there is no specific definition of Fraud in the Companies Act, of 1956”. “Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015[37] - Sections - Deals with non-disclosure of foreign assets, tax evasion on undisclosed foreign income and assets.” “Fugitive Economic Offenders Act, 2018[38]: To deal with the economic offenders who fly to another country from India[39] .” Case Laws: V Senthil Balaji v State[40]-In this Special Leave Petition case reported in 2023, the Tamil Nadu chief minister was involved in the Cash for Job scam. the Supreme Court provided insights into white-collar crimes and their legal implications[41]. Rahul Dinesh Surana vs. Senior Assistant Director[42][43]- The Madras High Court held to grant imprisonment to the former CEO of Surana Group of Companies in a Rs 10,000 Crores fraud case highlights the seriousness of white-collar crimes in India. Vijay Madanlal Choudhary vs Union Of India [44][45]- A case discussing the constitutional aspects of the procedure under the Prevention of Money Laundering Act (PMLA), shedding light on legal safeguards in white-collar crime investigations. 2G Spectrum Scam (2008): Mobile frequencies allocation scam involving underpricing that led to an estimated loss of ₹1.76 lakh crores to the exchequer[46]. Satyam Scam (2009) India's biggest accounting fraud involving fictitious assets and inflated cash balances worth ₹7,800 crores by its chairman.[47] Amendments / Repealing : Amendments to PMLA: The Prevention of Money Laundering Act (PMLA) was amended in 2023 by the Central Government to include provisions related to the punishment for forgery and falsification of accounts[48]. Repeal of IPC: The enactment of three new acts aimed at reforming criminal laws, The Indian Penal Code, 1860 replaced by the Bharatiya Nyaya Sanhita Bill, 2023, the Criminal Procedure Code, 1898 replaced by the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 and the Indian Evidence Act, 1872 replaced by the Bharatiya Sakshya Bill, 2023[49]. CONCLUSION & COMMENTS (Recommendations and Remedies) This article paints the real picture of the current legal framework and obstacles within the judicial process while dealing with white-collar scams in India. This study emphasises that the consequences are beyond financial losses, affecting businesses, consumers, and the overall economy. Likewise, the Mundhra scam (1950) case marked independent India’s first big financial fraud. The famed Harshad Mehta Scam- Stock market and Money laundering scam (1992), Satyam Scam-White collar scam (2008), Sahara Scam (2013) - In this case, Option bonds were collected over Rs. 24000 crores from the public without authorisation of proper regulatory authorities, Bhushan steel scam- Money Laundering (2019), Dewan Housing Finance Limited-Bank scam ( 2021), ABG Shipyard-Bank scam (2022) are frauds keep growing on with an alarming frequency following every decade and many more. To deal with such scams/crimes, there is a huge need to adopt a comprehensive mechanism. There are some recommendations such as Principles of transparency, accountability, integrity, and ethical conduct, that must be adopted. Remedies include reviewing laws governing economic offences, engaging knowledgeable prosecutors, expediting trials through exclusive courts, simplifying court procedures, and establishing a special penal code for white-collar crime prevention. In lump sum, the study calls for a stringent approach to address white-collar crimes in India, advocating for legal reforms, judicial efficiency enhancements, and preventive measures to combat these complex forms of criminal activities effectively and efficiently. Therefore, it is high time for our constitutional machinery to focus on the enactment of stringent laws that will be helpful to deter offenders and prevent such crimes by tightening bail provisions to prevent economic offenders from being released easily and a special penal code dedicated to preventing white-collar crime to expedite justice, combat and prevent misconduct, promote corporate responsibility, and maintain public trust in institutions. REFERENCES Books / Commentaries / Journals Referred https://kbsaa.org/journal/wp-content/uploads/2022/12/Saptarshi-Ganguly-and-Amit-Majumder.pdf https://ijirl.com/wp-content/uploads/2022/07/A-CRITICAL-STUDY-OF-WHITE-COLLAR-CRIMES.pdf Online Articles / Sources com - Legislations Against White Collar Crimes com - White-Collar Crime 2023 LiveLaw - Reathed all Latest Updates on and about White Collar Crimes LinkedIn - White Collar Crime in India JSTOR - Corrupting the Harm Requirement in White Collar Crime com/library/detail.aspx India code Hindustan Times Outlook.com Cases Referred https://www.livemint.com/Companies/UJ4F8Dyx6L9CEmLYME3o6K/Mundhra-scam-Indias-first-big-corporate-fraud-case.html https://main.sci.gov.in/supremecourt/2012/20230/20230_2012_Judgement_17-Apr-2012.pdf https://main.sci.gov.in/supremecourt/2012/20230/20230_2012_Judgement_17-Apr-2012.pdf https://www.livemint.com/Companies/UJ4F8Dyx6L9CEmLYME3o6K/Mundhra-scam-Indias-first-big-corporate-fraud-case.html https://www.rediff.com/business/report/bhushan-steel-case-a-classic-example-of-crony-capitalism/20200528.html. 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[36]https://www.google.com/urlsa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwiNroHojduEAxWFcGwGHZulBloQFnoECCAQAQ&url=https%3A%2F%2Fwww.mca.gov.in%2FMinistry%2Fpdf%2FCompaniesAct2013.pdf&usg=AOvVaw0gT0arPjCTG3CrZBD8LC6A&opi=89978449 accessed on March4,2024 [37] https://www.indiacode.nic.in/handle/123456789/2147?view_type=search&sam_handle accessed on March 3,2024 [38] https://www.indiacode.nic.in/handle/ accessed on March 3,2024 [39] https://www.lexology.com/library/detail.aspx?g=a815f6b0-048e-4d93-ba3d-28023e6f057 accessed on March 2,2024. [40] https://main.sci.gov.in/supremecourt/2023/28176/28176_2023_7_1501_45841_Judgement_07-Aug-2023.pdf accessed on March 2,2024. [41] SLP(Crl) No. 013929 of 2023. [42] https://www.livelaw.in/pdf_upload/rahul-dinesh-surana-v-senior-assistant-director-441450.pdf accessed on March2,2024. [43] Crl.O.P.No.21728 of 2022 [44]https://www.livelaw.in/pdf_upload/633-vijay-madanlal-choudhary-v-union-of-india-27-july-2022-428134.pdf accessed on March 2,2024. [45] AIR 2022 (SC) 633 [46] https://www.indiatoday.in/fyi/story/what-is-2g-scam-in-india-2g-scam-verdict-upa-a-raja-cbi-judge-op-saini-verdict-things-to-know-1113444-2017-12-21accessed on March 2024. [47]https://www.researchgate.net/publication/304441053_Revisiting_the_Satyam_Accounting_Scam_A_Case_Study accessed on Maech 3,2024. [48] CLG - Business Crime Laws and Regulations Report 2024 India accessed on March2,2024 [49]https://www.outlookindia.com/national/govt-announces-implementation-of-three-new-criminal-laws-from-july-1-2024 accessed on 4 March,2024. - [CRIMINAL CONSPIRACY UNDER CRIMINAL LAW](https://lawfoyer.in/criminal-conspiracy-under-criminal-law/) - Author-Priyanshi Jaiswal, University of Lucknow, Lucknow INTRODUCTION The word ‘Conspiracy' is generally signified for an illegal or bad act. In common parlance, ‘Conspiracy' i.e (षडयंत्र) means a kind of secret plan between two or more persons in pursuance of any act. A conspiracy between any person is not merely held in their mind but it must also be made explicitly in their agreement to do an unlawful or overt act, so from this, we can determine that mere intention is not indictable under a conspiracy. One of the most essential elements present in Conspiracy is an agreement between parties to commit any act that is unlawful in nature. In toto, the whole crux of this offence is the ‘Combination' means the agreement between the persons to commit an act. In the Indian Penal Code, 1860[1] Criminal Conspiracy is defined as a substantive offence, earlier when an accused is charged with criminal conspiracy, there must also be the presence of any other charges of substantive offences. In 1913, Chapter - V A was inserted in the Indian Penal Code which deals with the ‘Criminal Conspiracy’, the provisions and punishments for the same are given under Section 120A and 120B respectively. Throughout this article, we shall be dealing with each and every aspect of the Criminal Conspiracy discussed under criminal law. Keywords (Minimum 5): Criminal Conspiracy. Agreement for unlawful purposes. Section 120A of Indian Penal Code. Legal act by illegal means. Joint Liability. MEANING OF CRIMINAL CONSPIRACY In our society both crime and criminality are looked upon with the greatest hatred by everyone, but it can't be denied that it is one of the most interesting branches of Jurisprudence. According to Stephen, “Crime is an act forbidden by law and which at the same time revolting to the moral sentiments of the society." [2] Criminal Conspiracy is defined under Indian Penal Code as inchoate crime because it approaches toward the suspects for the prevention of the suspected crime at any particular time or place. Conspiracy holds nothing but the mere combination of minds or agreement between the parties to constitute an offence is enough to punish the offenders for such an act. Here, the agreement means the meeting of two minds with an intent for a particular instance, there shall not be presence of criminal conspiracy until there is any interchanging of plans or matters regarding the commission of such act. The origin of conspiracy took place in early years of ancient time for executing false cases against one. However it was mainly recognised in the case of Poulterer’s case (1611) in which for the first time criminal conspiracy was regarded as a criminal offence of substantive nature. STATUTORY PROVISIONS FOR CRIMINAL CONSPIRACY In the year 1913, the Criminal Law Amendment Act inserted Chapter V-A of the Indian Penal Code which made conspiracy a substantive offence. Earlier to this, there was no such statutory provisions related to the conspiracy between any persons for the commission of any offence, they were only punishable when such act amounted to an offence in pursuance thereof. Under the Indian Penal Code, Criminal Conspiracy is defined under Section 120A as follows - “Section 120A : Definition of Criminal Conspiracy When two or more persons agree to do, or cause to be done, – an illegal act, or an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy.”[3] The Proviso attached to this section explains that all such agreements for the commission of an offence shall amount to criminal conspiracy. When the object of such conspiracy is to commit an act that is not amount to offence, in such case some overt act is necessary. It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. PRE-REQUISITES OF CRIMINAL CONSPIRACY The followings are the prerequisites of the offence of criminal conspiracy under the Indian Penal Code, 1860 :- Presence of agreement between two or more than two persons who conspired together. That agreement must be made with an intention - to commit an illegal act, or to commit a legal act but by illegal means. 3. Presence of joint evil intent of parties. In the case of K. Hasim v/s State of Tamil Nadu[4], it was laid that the most important element of criminal conspiracy is the unlawful combination and the offence shall be completed when the act is reached at the stage of combination. For example - A and B planned together to persuade C to kill D. They accordingly persuaded C and he agreed to do so. In such a case A and B shall be liable for abetment to commit murder whereas C will be liable for the offence of conspiracy under Section 120A of the Indian Penal Code. EVIDENCE OF CRIMINAL CONSPIRACY In the Criminal Justice System, the concept of ‘Evidence’ holds the greatest importance for investigating any facts of the case. Generally, it is of two types: (i) direct evidence and (ii) circumstantial evidence. In the case of criminal conspiracy, the act or any offence is usually executed secretly so the proof for the evidence in such a case can not be made easily from the direct evidence as compared to the circumstantial evidence. Section 10 of the Indian Evidence Act, 1872[5] states the doctrine of agency which says that if the case is proved to be of criminal conspiracy, the act of one of the conspirator becomes the act of the another involved in such conspiracy and anything done or written by any of one of such persons in further of common intention would be seems to be conspired together and then each one shall be liable. Followings are the certain conditions for this section:- Presence of reasonable ground. Everything that is done, written or said by any one of them expressly showing their common intention shall be covered under the ambit of evidence. In the case of Ram Narain Popli v/s CBI[6], the Hon’ble Supreme Court held that the evidences of mere agreement between the parties are sufficient to prove the case of conspiracy. PUNISHMENT FOR CRIMINAL CONSPIRACY UNDER CRIMINAL LAW According to Bentham, “Punishment is an empirical question of desire and of the infliction of sufficient pain to provide an effective deterrent[7]." The quantum of punishment for the offence of criminal conspiracy under this section is split into two parts, namely, If the offences are of severe nature, here the punishment for the conspiracy shall be the same as given under the punishment for the commission of such offences, and and the secondly for the less severe offences where express provisions are made for their punishments. The Indian Penal Code provides punishment of criminal conspiracy under Section 120B as follows – “Section - 120B - Punishment for criminal conspiracy. Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term Anything said, written or done by any one of them about their common intention will be evidence against each other. two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manyas if he had abetted such offence. Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.”[8] In the recent case, Praveen v/s State of Haryana[9], it was observed by the court that it is not the compliance of the provisions of Section 120B of IPC without the presence of sufficient evidence shows the prior meeting of mind or agreement between them. DEFENCES UNDER CRIMINAL CONSPIRACY There are following two types of defence available in the case of criminal conspiracy - Abandonment or withdrawal - Generally seen in the cases of attempt, if it is proved that before the commission of the offences, the accused withdrew the case or abandoned himself then he shall not be guilty of such offences. In the same way we can provide defence if we prove that the conspirator withdrew from such a conspiracy at the very initial stage. Entrapment - As the name suggests ‘something that is entrapped’. In this the conspirator is entrapped by a law enforcement officer or government agent to be involved in such a conspiracy. DEMARCATION BETWEEN ABETMENT AND CRIMINAL CONSPIRACY Criminal Conspiracy is a substantive offence whereas the Abetment is not a substantive offence. Criminal Conspiracy is dealt under Section 120A of IPC whereas the provisions for the Abetment is covered under Section -107 of IPC. The mode of commission of offence varies, in the criminal conspiracy agreements are made between the parties for such an offence however in the latter one one person instigates or provokes another for the commission of any offence. Mere combination is the gist of the criminal conspiracy but in abetment the act must be committed. The term ‘Conspirator’ is used for the offender in criminal conspiracy and in abetment, ‘Abettor’ is used. Abetment is the ‘genus’ whereas criminal conspiracy is ‘species’. In any case the abettor can not be the principal offender (accused) but the conspirator can be the accused for the case. The offences under the criminal conspiracy can be said as a part of offences under Abetment. CONCLUSION Due to its gravity of nature, criminal conspiracy is exempted from the essentials of the crime, a crime includes two things i.e actus reus and mens reus however in the criminal conspiracy the actus reus is the exception. The aim before inclusion of this act was to prevent the criminal activities before its actual commission but this approach is not accomplished nowadays. It has also been observed the misuses of the provisions of conspiracy in a number of cases where innocents are tortured and humiliated. It seems that there is a need to pay attention to the provisions of conspiracy during investigation or trial, due diligence must also be shown from the side of judges in courtrooms. REFERENCES Books - Indian Penal Code by Prof. S. N. Mishra Online Articles / Sources Referred https://www.justia.com/criminal/offenses/inchoate-crimes/conspiracy/ https://www.jstor.org/stable/3309198 Cases Referred B.I. v/s V.C. Shukla[10] State of Tamil Nadu v/s Nalini[11] Topandas v/s State of Bombay [12] Kuldeep Sharma v/s State of Himachal Pradesh[13] Statutes Referred Section 120A and 120B of Indian Penal Code. Section 107 of Indian Penal Code. Section 43 of Indian Penal Code. [1] The Indian Penal Code, 1860 (Act no. 45 of 1860). [2] Stephen, General View of Criminal Law of England, p. 3. [3] The Indian Penal Code, 1860 (Act no. 45 of 1860). [4] K. Hasim v/s State of Tamil Nadu (2005) Cr LJ 143 SC. [5] The Indian Evidence Act, 1872 (Act no. 1 of 1872). [6] Ram Narain Popli v/s CBI (2003) 3 SCC 641. [7] Bentham, Rationale of Punishment 29 (1830). [8] The Indian Penal Code, 1860 (Act no. 45 of 1860). [9] Praveen v/s State of Haryana (2021) Cr Appeal no. 1571 of 2021. [10] C.B.I v/s V.C. Shukla AIR 1998 S.C 1406. [11] State of Tamil Nadu v/s Nalini (1999) Cr LJ 3124 (SC) [12] Topandas v/s State of Bombay (1955) 2 SCR 881. [13] Kuldeep Sharma v/s State of Himachal Pradesh AIR 2011 SC 1895. - [ACT OF GOD AS A DEFENCE UNDER LAW OF TORTS](https://lawfoyer.in/act-of-god-as-a-defence-under-law-of-torts/) - Author-Himani Choudhary, University Five Year Law College, University of Rajasthan INTRODUCTION An act of god is a general defense under the Law of Torts when the act is such a nature over which the defendant has no control and the damage is caused due to the working of natural forces. An act of god is defined as a circumstance where no human foresight can foresee the event and humans have no control over the circumstances. The act must be something that is extraordinary and something that cannot be foreseen and usually does not occur. The act must be of such a nature that even after applying all forces and due care it cannot be prevented. In such a case the defendant can take the defense of an act of god and can save himself from the liability and harm caused to the plaintiff. It is an absolute defense under the law of torts. MEANING: An act of god or Vis Major is a defense under the law of torts when the act is caused by the working of natural forces that is extraordinary, uncommon, direct, sudden, and cannot be foreseen by a reasonable man and if foreseen cannot be prevented even after taking all precautions and due care by the defendant. This includes earthquakes, floods, wildfires, etc. In this case, the defendant can take the defense of an act of god and can prevent himself from the liability arising after proving that he had done everything that a reasonable and a prudent person could do in such a scenario. It is an absolute defense under the law of torts. DEFINITION: According to Salmond, an act of god include those acts which a man cannot avoid by taking reasonable care. Such accidents are the result of natural forces and are incoherent with the agency of man. According to Lord Mansfield, an act of god is define as it is something in opposition to the act of man. Vis is a Latin word meaning any kind of force, violence or disturbance to person or property. Vis major is an act of God. The doctrine states that a person is absolved of liability if it was directly caused by vis major. HISTORICAL BACKGROUND An act of god is one of the general defense of the law of torts. General defenses are framed from time to time as per the need arises in court of law to prevent the defendant from the tortious liability arises from his act. To get the benefit of these defense defendant had to prove all the essentials required to get the defense. These defences were framed from time to time to keep up with the very basis of imposition of tortious liability on an individual i.e, creating a sense of deterrence while keeping up with the basic values of justice. An act of god is one which has been there since the existence of our planet, earth, we have been facing and witnessing natural calamities since the existence of mankind and this include Earthquakes, floods, tornadoes, wildfire etc. In such occurrences lives are lost, properties are destroyed and significantly damaged when the forces of the nature strike harshly and suddenly. ELEMENTS OF ACT OF GOD NATURAL CAUSES: An act of God is an uncommon, extraordinary and unforeseen manifestation of the forces of nature, or a misfortune or accident arising from inevitable necessity. An act of god cannot prevent by reasonable human foresight and care. The effect of ordinary causes may be foreseen and avoided by the exercise of human care. For example, the fact that rain will leak through a defective roof is foreseeable by an ordinary man. In case of foreseeable causes, failure to take the necessary precautions constitutes negligence, and the party injured in the accident may be entitled to damages. An act of God, therefore, is so extraordinary and devoid of human agency that reasonable care would not avoid the consequences. Therefore in such cases the injured party has no right to damages. AN OCCURRENCE NOT REASONABLY FORESEEABLE The basic and prime element of an act of god is the happening of an unforeseeable event. For this, if the harm or loss was caused by a foreseeable accident that could have been prevented, the party who suffered the injury has the right to compensation. However, the damage caused by an unforeseen and uncontrollable natural event is not compensable as it could not have been prevented or avoided by the foresight or prudence of man. Moreover, courts are of the opinion that the act of God defense exists only if the event is so exceptional and could not have been anticipated or expected by the long history of climate variations in the locality. It is constructed by only the memory of man i.e. recorded history. The courts may demand expert testimonies to prove that an event was unforeseeable. It is IMPOSSIBLE TO PREVENT BY ANY REASONABLE PRECAUTIONS AND ABSENCE OF HUMAN AGENCY CAUSING THE ALLEGED DAMAGE: It means practically impossible to resist. Negligence constitutes failure to take the necessary precautions. In an incident where a human factor was present, even though the harm could not be prevented, the fact that the human factor exercised reasonable care and precautions to prevent the harm has to be proved if the defence of act of God has to prevail. If negligence is alleged and proved, then the defence of act of God will fail. If an owner was negligent in properly maintaining a tree that fell on a passerby, he cannot be exempted from liability by act of God principle. CASE LAWS In the case of NICHOLS V. MARSHLAND [1] the defendant has a number of artificial lakes on his land. Extraordinary rain such as had never been witnessed in living memory caused the banks of the lakes to burst and the escaping water carried away four bridges belonging to the plaintiff. It was held that the plaintiff's bridges were swept by an act of God and the defendant was not liable. In the case of BLYTH V. BIRMINGHAM WATER WORKS CO [2] the defendants had constructed water pipes which were reasonably strong enough to withstand severe frost. There was an unprecented severe frost that year causing the pipes to burst resulting in severe damage to the plaintiff's property. It was held that though frost is a natural phenomenon, the occurrence of an unforeseen severe frost can be attributed to an act of God, thus the relieving the defendants of any liability. In the case of RAMALINGA NADAR V. NARAYANA REDDIAR [3] the plaintiff had booked goods with the defendant for transportation. The goods are looted by a mob, the prevention of which was beyond control of defendant. It was held that event beyond control of the defendant cannot be said Act of God. It was held that the destructive acts of an unruly mob cannot be considered an Act of God. CONCLUSION Although the act of God defense - that a defendant is insulated from liability for personal injury or property damages caused by a natural cause is rarely used, it may become more common and general in the future if predictions of disastrous weather events caused by global warming prove true. One prediction related to global warming is that catastrophic weather events such as hurricanes, tornados, and torrential rains will occur more often. All of these have the potential to cause extensive personal injury and property damage and consequently mental trauma. - [ARBITRATION TRIBUNAL: COMPOSITION, JURISDICTION , APPOINTMENT](https://lawfoyer.in/arbitration-tribunal-composition-jurisdiction-appointment/) - Author-Anurupa Pal, Techno India University, Kolkata INTRODUCTION We all know that “litigation” is a process that is both time-consuming and requires monetary effort for the parties involved as a result many people tend to avoid such a process and believe in the out-of-court settlement and thus most of the time justice is not served properly. Hence to bridge the gap between the Judiciary and the citizens of India as well as reduce the burden of cases led to the passing of the Arbitration and Conciliation Act, 1996, with the main aim to consolidate and amend the law relating to domestic arbitration and also to provide for a law relating to conciliation and related matters. It aims to ensure the smooth settlement of domestic and international commercial disputes. Arbitration in simple words means the settlement of an argument or disagreement between two parties, outside the course of the court by a neutral third party known as the arbitrator or more than one person known as “Arbitral Tribunal” or “Arbitration Tribuna”l. The decision made by the same is binding on both the parties. To go to the process of arbitration both parties need to sign a written agreement which can be in the form of an I) Arbitral clause II) A contract or III) in the form of a separate legal agreement known as an “Arbitration Agreement”. Keywords (Minimum 5): Arbitration and Conciliation Act,1996, Arbitration, Binding decision, Composition, Arbitral tribunal, Appointment, Jurisdiction Meaning, Definition & Explanation The term ‘Arbitration means the determination or settlement of a dispute by the decision of one or more persons called “Arbitrator” or “Arbitral Tribunal” In the case of [1]Amar Chand Vs. Ambika Jute Mills ( 1966) held that arbitration is “Judging of a dispute between parties or group of people by someone not involved in the dispute and whose decision both the parties agree to accept. Here, an Arbitrator is a person to whom the parties submit the matters in dispute and whose functions are more or less judicial thus giving equal justice to all. When the parties in dispute appoint more than one arbitrator, it is called an Arbitral Tribunal. In [2]Satyendra Kumar Vs. Hind Construction Ltd. (1852) it was held that where the parties to dispute refer the matter to a person and such person holds a judicial inquiry in deciding that dispute and comes to a judicial decision, such person is called an “arbitrator” An arbitration tribunal, also known as an arbitral tribunal, is a panel of unbiased adjudicators or arbitrators assembled to resolve disputes through the arbitration procedure. These courts, which include one or more arbitrators, play an important role in settling disputes between the parties concerned. Unlike judges in domestic courts, an arbitral tribunal's authority, powers, and obligations are determined by the appropriate legal framework rather than national laws and procedures. Typically, these tribunals have the jurisdiction to rule on substantive disputes, assign expenses, weigh precedents, and carry out their tasks within the agreed-upon scope of powers. COMPOSITION According to Section 10 (1) of the Act of 1996, the parties to dispute are free to appoint a sole arbitrator or more than one arbitrator The number of arbitrators should always be odd and never an even number. If the parties fail to determine the number the arbitral tribunal shall consist of a sole arbitrator. If the number of arbitrators is three, the third appointed arbitrator shall act as a “Presiding Arbitrator”. QUALIFICATIONS OF AN ARBITRATOR He should be Indian He must be impartial He must not be interested in the subject matter or the parties There should not be any dispute as to his professional Qualification He should not buy any claim of the parties He holds the quasi-judicial position, he should not be biased. APPOINTMENT 1) Appointment by Parties - The general rule followed is the Appointment by parties where the right to appoint the members of the arbitral tribunal. The parties may agree to appoint a sole or more than one arbitrator. If both parties do not name their arbitrator, they may agree that arbitrators or arbitrators may be appointed by a third designated person. When one parties fail to appoint. 2) Appointment by Court - Where both parties have appointed two arbitrators each but are unable to appoint a third arbitrator, within the time frame of 30 days, the chief justice or any other person or institution or authority to whom the chief justice may delegate this function will appoint the Arbitrator or third arbitrator. JURISDICTION The jurisdiction of an arbitral tribunal is derived from the agreement between the parties, as stated in their arbitration agreement. The arbitration agreement must be in writing and may be in the form of a separate agreement or a clause within a contract. An arbitral tribunal's jurisdiction is restricted to the area of the dispute specified in the contract of arbitration. Tribunals have the authority to rule on issues affecting their jurisdiction, such as whether the arbitration agreement exists or is legal. A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The decision passed by the arbitral tribunal shall be binding on both parties which is popularly known as the arbitral award. CONCLUSION The composition, jurisdiction, and characterization of an arbitration panel are all significant components of the arbitration process. The establishment of the arbitral tribunal plays an essential role in the arbitration process since it involves the appointment of arbitrators by the relevant parties or appointed organisations. If the authorised entity fails to select an arbitrator, the High Court or Supreme Court may intervene. The membership of the tribunal, or the selection of a solitary arbitrator, is a key aspect of arbitration that influences the course and outcome of the proceedings. In some cases, such as those regarding investment treaty protection, arbitrators may be appointed by institutions such as the ICC International Court of Arbitration. Jurisdiction is another important aspect of the arbitral tribunal's job. The arbitral panel can decide on its jurisdiction, including the determination of objections to the existence or legality of the arbitration agreement. This authority guarantees that the tribunal can effectively assess its ability to manage disputes. In conclusion, knowing the structure, jurisdiction, and definition of an arbitral tribunal is essential for navigating the complexities of arbitration. The selection of arbitrators, resolution of jurisdictional issues, and recognition of arbitral tribunals' role in conflict settlement are essential elements that promote the effectiveness and integrity of arbitration proceedings. Understanding these fundamental factors allows stakeholders to engage in arbitration with clarity and confidence, encouraging a fair and quick settlement of disputes. REFERENCES Books / Commentaries / Journals Referred Book - Lectures on Arbitration, conciliation and A.D.R Systems, Author - Dr. Rega Surya Rao Online Articles / Sources Referred LoginUniversitofLucknow, https://udrc.lkouniv.ac.in/Content/DepartmentContent/SM_367aca78-6e00-4cb5-82f6-18ed4d3299d4_30.pdf (last visited Mar. 4, 2024). Terminating arbitration: lessons from India, Global Arbitration Review, https://globalarbitrationreview.com/review/the-asia-pacific-arbitration-review/2024/article/terminating-arbitration-lessons-india (last visited Mar. 4, 2024). Arbitration and Conciliation Act, 1996 - An Overview, Search eLibrary:: SSRN, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3582896 (last visited Mar. 4, 2024). https://www.coursesidekick.com/law/3626445#:~:text=The%20person%20by%20whom%20the,to%20move%20to%20the%20court. (last visited Mar. 4, 2024). Cases Referred M/S. Amarchand Lalitkumar vs Shree Ambica Jute Mills Ltd on 3 May 1962, Indian Kanoon - Search engine for Indian Law, https://indiankanoon.org/doc/1371659/#:~:text=The%20appellant's%20case%20was%20that,were%20either%20directly%20or%20indirectly (last visited Mar. 4, 2024). Satyendra Kumar vs Hind Constructions Ltd. on 14 August 1951, Indian Kanoon - Search engine for Indian Law, https://indiankanoon.org/doc/1333612/ (last visited Mar. 4, 2024). [1] M/S. Amarchand Lalitkumar vs Shree Ambica Jute Mills Ltd on 3 May, 1962, Indian Kanoon - Search engine for Indian Law, https://indiankanoon.org/doc/1371659/#:~:text=The%20appellant's%20case%20was%20that,were%20either%20directly%20or%20indirectly (last visited Mar. 4, 2024). [2] Satyendra Kumar vs Hind Constructions Ltd. on 14 August, 1951, Indian Kanoon - Search engine for Indian Law, https://indiankanoon.org/doc/1333612/ (last visited Mar. 4, 2024). - [Gender Dynamics on Inheritance Rights: A Study of Succession Laws](https://lawfoyer.in/gender-dynamics-on-inheritance-rights-a-study-of-succession-laws/) - Author-Jagrit Singla, Baba Farid Law College, Faridkot Abstract: This article delves into the succession/inheritance rights of the male and female legal heirs of the deceased person by exploring the different personal laws prevailing in Indian society. This article talks about the shares inherited by the son, daughter, spouse, mother, or other legal heirs under the different customs of different religions like Hindus, Muslims, Christians, and Parsis and the laws followed by them. This article also delves into the challenges being faced in society due to different customary norms prevailing in creating the impact of gender dynamics on inheritance rights and how these challenges can be overcome for future growth which helps in equalizing inheritance rights in society. Keywords (Minimum 5): Inheritance, Joint Property, Succession Laws, Coparceners, Legal Heirs, Ancestral Property, Self-acquired Property, Customary Practices, Gender Equality, Legal Heirs INTRODUCTION: Inheritance is a convention of passing or transferring the properties, rights, titles, interests as well as the obligations and debts to the legal heirs of the deceased person. The inheritance rights thus, refer to the legal entitlement of the individuals /legal heirs to inherit the property, wealth, and assets from the deceased member of the family, which was in the ownership of such deceased person. The inheritance rights are governed by the succession laws which may vary across different jurisdictions and are influenced by the different cultures, religion, and other factors. In India, the succession or inheritance laws differ according to the different cultures and religions, for instance the Inheritance in Hindus is governed by “Hindu Succession Act, 1956,” in Muslims it is governed by the Muslim Laws, etc. The property, assets, wealth, etc. can be inherited by the legal heirs in the following two ways: - Wills/ Testament; Intestate Succession Laws (person dying Intestate, i.e., without making Will) Meanings and Explanation: Legal Heirs: Legal Heirs means the individuals who are entitles to inherit the property, assets, and wealth of a deceased person according to the provisions of the customs and laws. Legal heirs mainly include spouses, children, parents and other relatives of the deceased as specified in the succession laws. Succession: Succession means the process by which the rights, duties, properties, titles, or obligations are transferred from one person to another. According to the inheritance laws, succession refers to the transmission of property, assets, and other interests upon the death of an individual. Co-parceners: The concept of the coparceners is found in the Hindu Laws and pertains to the joint ownership of property in Hindu Undivided Family (HUF). Coparceners means the individuals who jointly hold an undivided interest in an inherited ancestral property. Historical Background: The inheritance laws are personal laws which exists from the ancient times, so as the old-fashioned laws, the equal rights were not given to the women. In many cultures, the right over the entitlement of the joint property was inherited to the sons only, sons were considered as the prior legal heirs and daughters have no or limited right to inheritance; which perpetuates the economic disparities and gender inequality. The Hindu Succession Act, was enacted in the year 1956 and that time the women had no right to inherent the properties of her father dying intestate. After passing the “Hindu Succession (Amendment) Act, 2005,” the equal rights are provided to the daughters as well in the coparcenary property. After the said amendment, the daughters shall have the same rights by birth as that of a son in the Joint Hindu Family as a co-parcener and thus, have the right to claim by survivorship. Case: “Prakash vs. Phulavati,” (2016)[1], in this case the Supreme Court held that, the living daughters of living coparceners as on 9th September, 2005 can claim the inheritance rights irrespective of when the daughter was born. Any prior disposition or alienation including partition will remain unaffected. Legal Reforms and Progress: The legal reforms are made for the welfare and development of the society and these legal frameworks progress over time to cope with the new ages and thus, amendments are done. In the traditional period there exists gender inequality regarding the inheritance rights between the males and females. But as time changes legal reforms are made to address the gender disparities in inheritance rights. Many countries amended their inheritance and succession laws to promote the gender equality and give the same rights to both the males and females by eliminating the discrimination in inheritance laws. In India also, the legal reforms progress which provide equal rights to females of the society. Types of Properties: The property which can be inherited among the legal heirs can be classified into two categories: Self -Acquired Property: The property which is acquired or purchased by a person with his own income or resources and it is not subject to the rules of coparcenary or family lineage. Ancestral Property: The property which is inherited through successive generations within a family. The property inherited from last four generations, i.e., father, father’s father, or great grandfather will be ancestral property.[2] The ancestral property is governed by the succession laws. Case: “Sarvamma vs. U.R. Virupakshaiah,”[3] in this case the Court held that the property will be considered as ancestral property only when it is inherited from last four generations in the male lineage without partition and division. Inheritance Laws in different Religions and Cultures: Hindu Inheritance Laws: The succession/inheritance in Hindus are governed by “Hindu Succession Act, 1956” and the term Hindus include Sikhs, Buddhists, Jains, and Arya Samaj. The property of the person dying intestate in Hindus are distributed among the legal heirs as classified into followed classes: - Firstly, Class I heirs, Secondly, Class II heirs, Thirdly, Agnates, and then Fourthly, Cognates. Under the Hindu Succession laws the property is first distributed among the legal heirs in Class-I category and if none is available in Class-I then, the property goes to the legal heirs of Class-II, and then to Agnates and then, lastly to the Cognates. After the amendment of 2005, the daughters are also included in the legal heirs of Class-I and the whole property of the deceased will be equally distributed among son, daughter, mother, widow, and any other living person included in Class-I category. Case: “Arunachala Gounder vs. Ponnusamy,”[4] in this case the Supreme Court held that in addition to the coparcenary property inherited by the daughter of the deceased through partition, the daughter also has the right to inherit the self-acquired property of a Hindu male who dies intestate, i.e., without making a Will. Muslim Inheritance Laws: Unlike Hindu inheritance law, the Muslim inheritance law does not distinguish between the self-acquired property and ancestral property. The inheritance under Islamic laws or culture are governed by the “Shias and Sunnis” customs and rules. In the Shias, all the heirs of the deceased get equal share while in Sunnis, the shares are divided based on branches. The property of deceased is distributed among the heirs only after paying all the outstanding debts and charges related to funeral rites. However, under the Muslim laws, there is some gender inequality while the inheriting the property among the legal heirs as the son is supposed to get double share of what the daughter will have. And in case of the widows, the widow is entitled to share of one-fourth of the property if she has no child; and one-eighth share if she has children. Parsi Inheritance Laws: The inheritance in the Parsis is governed by “The Indian Succession Act, 1925” under Sections 50 to 56. Under the Parsi laws, no distinction is made between the legal heirs who were born in the lifetime of a person deceased or who were only conceived in the womb, at the time of the death of the said person.[5] According to the provision of Section 51 of the Act, the property of the person dying intestate shall be divided equally among the widow/widower, sons, and daughters. Christian Inheritance Laws: The Christian inheritance laws are also governed by “The Indian Succession Act, 1925” under Section 31 to 49. It also does not create any inequality based on gender at the time of inheritance. The property of the deceased dying intestate will be divided among widow/widower and children or any other lineal descendants. The one-third share of the property shall belong to the widow/widower and the remaining two-third shall be equally inherited among the children or lineal descendants of the deceased.[6] Rights of Women: The women were given unequal rights regarding the inheritance of property. The right of inheritance enjoy by women/daughters are different in different religions and customs, which are explained as follows: Under Hindu Succession Act, the daughters were not giving equal rights as that of sons. But, after 2005 an amendment has been made and it provides that, daughter shall inherent equal share to that of a mother, grandmother, and brother in the property of her father dying intestate. After amendment in the Hindu Succession Act, not only the unmarried daughters but, the married daughters also have the right of inheritance in the property of her father. As per Muslim Laws, the women have lesser rights and shares in the property of her husband and father. The Christian and Parsi Laws provide equal rights and shares to the women and daughters in the property as that of men. Rights of Natural and Adopted Children: The natural children have the right of inheritance in the ancestral property by birth, unless a will has been made which opposes it. The child in the womb of the mother at the time of the death of the person also has the right of inheritance in the ancestral property. The child adopted has the same rights and share as that of the natural child in the property of the adoptive father dying without making a Will. The illegitimate child cannot acquire the property rights. Challenges and Ongoing Struggle: Despite the various legal reforms and promotions of gender equality, there still exists some discrepancy among the different cultural and societal norms, which poses as a challenge and hurdles in shaping the impact of gender dynamics on equal inheritance rights. The various backward beliefs are deep-rooted regarding the gender biasness, family structures, property ownerships, etc. within the communities. Various challenges are being faced while implementing and achieving the full gender equality in the inheritance rights. The legal reforms alone are not sufficient to tackle the challenges faced such as backward thinking of the societies and to create the impact of gender dynamics on the inheritance rights. Other challenges related to different class, religions, castes, race, and ethnicity are being faced which follow their own customary and cultural practices and hinders the progress of gender equality in inheritance laws. In some regions, the customary laws prevail over the statutory laws, which leads to different inheritance practices. Future Directions: Gender dynamics stimulus the rights of inheritance by giving equal rights to both male and female heirs and demolishing the impact of historical biasness which favours the males over the females. However, many legal frameworks are established which promotes the equality but still efforts are need to be made to tackle the challenges and complexities of the gender dynamics and inheritance/succession rights. So, to create the impact of gender dynamics on inheritance rights following things can be done in the future: - Uphold the principle of gender equality and protect the rights of all heirs whether male or female; Raising awareness on equal inheritance rights; Promoting education; Nurturing the value of female heirs and their rights in the society by challenging the communities’ harmful stereotypes. CONCLUSION & COMMENTS The impact of gender dynamics on inheritance rights is being made but still there are various challenges that need to be tackled for future growth. The succession laws in India are governed by different personal laws according to the cultures and religious practices. However, amendments are being made to encourage the rights of inheritance of the female heirs like the Hindu Succession (Amendment) Act, 2005 which create the equal rights of the daughters as that of the sons in the property of her father. Still, the legislative reforms need to be improved and cultural norms and biasness should be addressed for achieving the full gender equality in the inheritance laws by enhancing the legal awareness and promoting the education towards fostering equitable inheritance rights in India. REFERENCES Online Articles / Sources Referred The Article: Inheritance Laws in India- All You Need to Know, written by Pawni Mishra and the link of the article is https://www.magicbricks.com The Article: All about Property Inheritance Law in India, written by Adv. Priyanka Sampathy and the link of the article is https://www.ezylegal.in The Article:- “Inheritance Rights of Women: How to Protect them and how succession laws vary,” written by Riju Mehta and the link of the article is https://m.economictimes.com/wealth/plan/inheirtance-rights-of-women-how-to-protect-them-and-how-succession-laws-vary/articleshow/70407336.cms https://indiankanoon.org https://scconline.com Cases Referred Prakash vs. Phulavati AIR 2016 SC 769 Gurdip Kaur Ghamand Singh, 1964 SCC Online Punj 180 Sarvamma vs. U.R. Virupakshaiah 2010 SCC Online Kar 136 Arunachala Gounder vs. Ponnusamy (2022) 11 SCC 520 Statutes Referred Hindu Succession Act, 1956 Indian Succession Act, 1925 LexisNexis, Universal’s, Bare Act Hindu Laws, 2020 [1] AIR 2016 SC 769 [2] Gurdip Kaur vs. Ghamand Singh, 1964 SCC Online Punj 180 [3] 2010 SCC Online Kar 136 [4] (2022) 11 SCC 520 [5] Section 50(a), Indian Succession Act, 1925 [6] Section 33(a), The Indian Succession Act, 1925 - [MEANING AND STAGES OF CRIME IN CRIMINAL SYSTEM](https://lawfoyer.in/meaning-and-stages-of-crime-in-criminal-system/) - Author-Mansi, University Five Year Law College, University of Rajasthan INTRODUCTION “Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through.”-Jonathan Swift The current era is full of so many occupations. So, because of it, we found so many crimes in each and every situation. Some persons are not aware properly of these crimes. Now, rape and cybercrime is a very major issue nowadays. But first of all, we have to know about the meaning of crime and what are the stages to consider an act as a crime. Therefore, in this article, I tried to explain the meaning and stages of crime in an easy way. MEANING OF CRIME We know that every country or state is full of customs, religions and rules and regulations. Nowadays, when we disobey these customs, and regulations of any society, then it is considered as a crime. However, according to legal definition, “crime is any kind of act or omission which is declared to be socially detrimental with respect to the State and is forbidden by law, by the imposition of some punishment.” Blackstone stated crime as “an act committed or omitted in violation of public law forbidding or commanding it”. Glanville Williams says that “a crime is a legal wrong that can be followed by criminal proceedings which may result in punishment”. Professor Kenny defined crimes in the these terms: “Crime is a harmful human conduct that sovereign desires to prevent.” Salmond defines as “an act deemed by law to be harmful to society in general even though its immediate victim is an individual”. John Austin defines crime “a wrong which is pursued by the sovereign or his subordinates is a crime.” Crime is derived from Latin word – ‘krimos’ which means ‘to accuse’. The Hon’ble Supreme Court of India in Harpreet Kaur v. State of Maharashtra, states that “crime is a revolt against the whole society and an attack on the civilization of the day.” The Hon’ble Supreme Court in another case titled, Subramanian Swamy v. Union of India, held that every criminal action consists of followings characters: Human being who commits a crime and with. Law gives punishment to accused and prevented the any other person to commits a crime. Thus, supreme court gives the best definition of crime. ELEMENTS OF CRIME The cardinal elements of crime is contained in this maxim ‘actus non facit reum, nisi mens sit rea’. This maxim contains two words ‘actus reus’ and ‘mens rea’. It means that crime will not be considered as crime without guilty mind. Intention plays a major role to commit any crime. ACTUS REUS Actus reus means to commit a crime. A wrongful act which is done by any person and this act falls down under the ambit of crime prescribed by law of any nation. A crime can be an immoral act but every immoral act can’t considers as crime. For example, not care aged parents is an immoral act but not is a crime. MENS REA Mens Rea means ‘a guilty mind’. The legal maxim ‘actus non facit reum, nisi mens sit rea’ defines that any act not considers as crime without any guilty mind. Thus, it means that for committing a crime intention plays a major role. For example, a starving child was crying and her mother had not money and food to give him. So, he theft some food from any shopkeeper. Thus, the intention is not malafide, so because of it, it is not considers as crime. STAGES OF CRIME INTENTION – Intention is the very first stage to commit a crime. Because intention will converts into act and act will considers as crime. Thus, it is very first and crucial stage. PREPARATION – Preparation is second stage to commit a crime. When a person got intention to commit a crime and aftermath he collects some measures and equipments or conspiracy for intention converts into reality. ATTEMPT- Attempt is the third stage to commencement of crime aftermath preparation. To commit a crime is also an offence by law. Thus, it means that when a person reached at this stage, then he will known as a criminal. There have three main essentials – Guilty intention. Act done for commits a crime. The act fall down under the ambit of an offence which is prescribed by law. ACCOMPLISHMENT OR COMPLETION – It is the large stag fir commencement of a crime. When a person is successful to commit a crime, then he is a criminal and idlf he is unsuccessful to commits a crime, then he did a commit a crime. Thus, these are the stages of a crime. CONCLUSION Thus, we found that a crime is a very wide area to read and understand. It’s have very deep concerns. There are four stages to commit a crime. A person can commit a crime with innocence it means that he is not aware about the consequences of his act. REFERENCES Books- Criminal law, PSA Pillai Journals – NUJS Law review Online resources – https://epgp.inflibnet.ac.in/ https://www.mondaq.com/india/crime/878294/general-criminal-defences-insanity-infancy-and-intoxication-part-1 https://blog.ipleaders.in/ https://indiankanoon.org/doc/1641007/ manupatra.com - [LOVE WITHOUT BOUNDARIES: THE TIMELESS JOURNEY OF SAME MEX MARRIAGE FROM HISTORY TO HOPE](https://lawfoyer.in/love-without-boundaries-the-timeless-journey-of-same-mex-marriage-from-history-to-hope/) - Author-Diya Dhall, Vivekananda Institute of Professional Studies - Technical Campus INTRODUCTION India has long struggled with addressing the question of homosexual marriage due to its diverse cultural fabric. Homosexual marriages are those that unite two individuals who share the same sex legally and biologically. These have been a very controversial issue in the worldwide context, which permits or prohibits it based on it being seen as either legal, religious or customary. Legal and social responses have varied from recognition to outright condemnation. By 2023, thirty-four countries with a combined population of more than one billion people have legalized and recognized same-sex marriage. In India, the supreme Court has held there is no fundamental right to marry. The court has also held that it cannot legislate on queer marriages. Keywords: Same-sex marriages, special marriage act, unnatural, legal, decriminalized, section 377, transgender, LGBTQIA+. The Past: A History of Struggle Throughout history many societies stigmatized and criminalized homosexuality. However, in the late twentieth century, a gradual sea change began undermining discriminatory norms. India’s third and fourth wave feminists’ particularly advocated for equal rights for members of LGBTQIA+ community since they began campaigning for gender justice in 90s. In 2001, this country made history by becoming the first to approve gay marriage thereby creating a milestone in equality struggle against discrimination on sexual orientation grounds. You could say that the NALSA v. Union of India (2014) case has nothing to do with marriage. However, it was able to acknowledge transgender people’s rights by endorsing the principles of equality, and anti-discrimination. It established a precedent for recognizing different gender identities and expressions. The journey in terms of law towards LGBTQ+ rights in India has been characterized by Section 377 of the Indian Penal Code which made consensual same-sex relationships illegal, among other “unnatural offenses.” The historic Navtej Singh Johar v. Union of India (2018) case represented a breakthrough. In this landmark decision, the Supreme Court decriminalized consensual homosexual acts while affirming that sexual orientation is an inherent facet of privacy. The Present: Global Progress and Remaining Challenges Now let us move forward to where we are at present when substantial headway has been made in this area. Today many countries all over the globe accept and legalize same marriages between males or females. For instance, America witnessed a historic judgement by its highest court that declared all homosexual unions legal on 25th June 2015 signalling a turning point in LGBTQ+ movement. Other nations have followed suit albeit to varyingly uncertain extents for LGBT people regarding their status as human beings before society and law. Challenges, however, continue. Nevertheless, there are still places whereby same-sex relationships are outlawed and societies as well as individuals remain unwilling to change. India does not recognize the marriage of people from the same-sex or civil unions. On October 17, 2023, a prayer was dismissed by the Supreme Court for queer persons to be allowed to marry, and on that day itself it was decided unanimously in opposition. The court concurred that marriage is not a fundamental right. The court also said that the Special Marriage Act 1954 cannot conceive of queer marriages. Discrimination and prejudice continue to impact LGBTQ+ lives necessitating sustained advocacy and education. The Future: Anticipating Legal Recognition India’s potential future for legalizing gay marriage appears bright due to indications of a gradual shift toward its acceptance within this country’s legislature. Public opinion has changed over time revealing an emerging trend for equality across different courts in India. There is hope among many people who await this matter being dealt with directly by courts interpreting equal protection principles under the Indian constitution which guarantees non-discrimination clauses when it comes down to same-sex marriages. Challenges faced by Queer community- The problems queer people are forced to deal with can differ and depend on the individual’s place of living, cultural environment, and legal situation. The rights of gay marriage have not been legally recognized in many countries, which means that they can be subject to legal discrimination. Homophobia, biphobia, and transphobia are the main causes that lead to social stigma and discrimination. Queer individuals can experience prejudice, exclusion, or even violence due to their sexual orientation or gender identity. Difficulty in receiving healthcare that is sensitive to the needs and requirements of queer individuals is one of the challenges that queer individuals might face. Queer individuals, particularly youngsters, can be bullied and harassed by people in their schools, colleges, or communities. Conversion therapy, which is recognized as a deleterious method that strives to alter a person’s sexual orientation or gender identity, still persists in some parts of the world. The result can be highly destructive and cause grave harm on the mental and emotional side. Several instances have been documented where adolescents belonging to the queer community have attempted suicide due to this reason. Examining Perspectives: Arguments Against Same-Sex Marriage One of the most common arguments against same-sex marriage comments about the social values and religious beliefs. It is argued by many that marriage is an integral part of social organization and believed that the traditional meaning of institution of marriage exist for thousands of years purposefully socialize individuals into sex roles specifically whereas man is groomed to be a leader and women is to be subordinate. In addition to that, they are afraid that any change will cause the irreversible ripples that could change the nature of fundamental principles of the relationship. In my opinion, it is not a credible argument as no society is static nor stationary and is always being changed and going on with the needs of people dynamic. The same trend of changing can be followed by institution of marriage as it depends on the needs of people as well . Other opponents also say that being raised in a mother and a father home is important for a child's development since they need both men and women to grow and become matured. This argument can be disproven for the reason that love and affection are the factors that impacts on the growth and development of a child in their early years and who parents a child does not matter whether they are a homosexual or a heterosexual couple. Conclusion: A Journey Unfinished The past, present, and future developments of same-sex marriage in India reflect a journey towards inclusivity and equality. With landmark decisions and changing societal attitudes, there is hope that India will continue to progress towards recognizing the rights of the LGBTQ+ community, including the right to marry and provide them the equal status as others in the society. The story of same-sex marriage is one of progress, but the journey is far from complete. There is still a long way to go. While many strides have been made; there is still work to be done to ensure equal rights and acceptance for all including the members of the LGBTQIA+ community. As we navigate the future, it is essential to remain vigilant in advocating for inclusivity, understanding, and respect, fostering a world where love knows no boundaries. REFERENCES Cases Referred Navtej Singh Johar v. Union of India (2018) NALSA v. Union of India (2014) Supriyo v. Union of India (2023) Statutes Referred Special marriage Act,1954 - [How to Draft Excellent Contracts: Best Practices, Procedure, Principles, Important Cases](https://lawfoyer.in/how-to-draft-excellent-contracts-best-practices-procedure-principles-important-cases/) - Author-Aman Tyagi, University Five Year Law College, University of Rajasthan INTRODUCTION- In this comprehensive article, my primary aim is to thoroughly explain the fundamental aspects of a contract, aiming to provide clear and concise definitions accessible to both lay individuals and legal professionals alike. Throughout the discussion, I have precisely outlined the crucial components inherent in contracts, with a dedicated focus on examining pertinent precedents and case laws to enhance understanding. Diving further, we have delved into the foundational element’s integral to the art of drafting, offering insights on streamlining the process by diligently considering essential factors. To conclude, I've exactly crafted a detailed, step-by-step guide to empower you in the creation of excellent contracts. Additionally, I've included a collection of supplementary tips, ideally placed to be helpful factors during the detailed task of creating contracts. What is a contract? Let's start with defining contract in the most laymen's terms “A contract is a legally binding agreement at least between two parties to create mutual obligations that businesses and individuals use to protect their business or personal interests. They also aim to outline the engagement for a transaction. They can also dictate legal consequences if a party tries to break the agreement.”[1] Contracts can be written or verbal. Generally, most businesses favor written contracts as they can easily be referred to in future matters. Written contracts are also less ambiguous, hence eliminating any future enforcement problems. After defining it in simple terms let's also define it in the Lawmen language don’t worry this won’t mean that it can’t be understood in this language but it requires you to use more of your legal aptitude. To define it legally Sir William Anson defines a contract as “a legally enforceable agreement between two persons wherein two or more persons get a legal right and some have to fulfil corresponding legal responsibilities”[2]. To put it simply a contract is an agreement that interprets the obligations of various parties involved in it. Henceforth a contract is an agreement between two or more competent parties based on mutual promises, to do or refrain from doing a particular that is neither illegal nor impossible. Taking into consideration the perspective of India let's also define contracts according to Indian Contracts Act 1872, ICA 1872 Section 2(h) defines a contract as an “agreement enforceable by law”[3]. This denotes that there are two main ingredients of a contract: an agreement and enforceability. Only a valid contract is enforceable by law and a contract must fulfil certain conditions to be valid. After reading the above-discussed definitions a doubt might have arisen in your mind whether contracts and agreements are the same. To clear this let’s, distinguish between the two and take into consideration relevant examples to help us understand this fully. Contracts and Agreements distinguished? The terms contracts and agreements are often used interchangeably but in the legal landscape differences though minor are important to be taken into consideration to avoid any future legal hassle. They can be distinguished on the following grounds:- Features Agreement Contract Definition An arrangement (usually informal and unwritten) between two or more parties that is not enforceable by law. A formal arrangement between two or more parties(usually written) that, by its terms and elements, is enforceable by law. Does it need to be in writing? An agreement is not required to be written. A contract also doesn’t necessarily require to be written however in some cases it's a legal necessity for them to be written for enforceability. These are often referred to as “statute of frauds” requirements. Examples of contracts that typically fall under the statute of fraud and must be in writing include: Contracts involving the sale or transfer of real estate, Contracts that cannot be performed within one year from the date of formation, Contracts to pay the debt of another person, etc. Consideration requirements An agreement doesn’t require consideration. A contract requires the presence of consideration in a contractual agreement. Relevant examples You agree with your friend to buy their car for Rs 5,00,000. This is a mutual understanding or arrangement between you and your friend, but it might not be legally binding if it lacks essential elements or if it's merely a casual conversation. You and your friend draft a written agreement specifying the terms of the car sale, including the price, payment method, and any conditions. Both parties sign the document. Now, it has become a legally binding contract. Hence these were the differences that might have aided you in understanding though minor but important differences between contracts and agreements. Concluding our discussion about the differences between the two, it's a legally accepted principle that “While every contract is an agreement, every agreement is not a contract.”[4] This statement has been propagated by Anson. Moving forward in the discussion of contracts we must know the essentials of contracts and also its essential requirements to make a legally comprehensive enforceable contract. Essentials of Contracts – To make an agreement a validly enforceable contract in law certain essentials are needed to be satisfied. Henceforth let's delve into the explanation of the required essentials for a contract along with some decided case laws to understand them holistically. The essentials of a contractual agreement(as per ICA 1872) are as follows: - Offer and Acceptance - “There must be a clear offer by one party and a corresponding acceptance by the other party. Generally, the written contract only unfolds when the other party accepts the offer by one party and is definite in all senses. The offer or agreement must be clear and complete in all senses. Both parties should communicate to ensure there is no lapse in the contract act. Both the offer and acceptance must be "consensus ad idem", meaning( meeting of the minds), to put it simply both parties must comply with the same thing.” [5] Mere silence is not constituted as acceptance of to offer. An offeree is not generally obligated to respond to an offer and their silence does not imply agreement. One more important thing to consider is that an invitation to offer is not an offer in itself. Taking an example of decided case law in “Pharmaceutical Society of Great Britain v Boots Cash Chemists (1953): Goods displayed on shelves in a store are an invitation to customers to make an offer to purchase.”[6] Some Relevant case laws on offer and acceptance - Carlill v. Carbolic Smoke Ball Company (1893)- Facts: The Carbolic Smoke Ball Company advertised a product that they claimed could prevent influenza. They offered a reward to anyone who used the smoke ball according to the instructions and still got the flu. Legal Issue: Was the advertisement a valid offer, and was Mrs Carlill entitled to the reward for using the product as directed and still contracting influenza? Judgement: The court held that the advertisement was an offer, and Mrs. Carlill was entitled to the reward as she had accepted the offer by using the product as instructed and suffering from influenza.”[7] Felthouse v Bindley (1862)- Facts: Felthouse wanted to purchase a horse from his nephew. He wrote to his nephew, stating, "If I hear no more about him, I consider the horse mine at £30." The nephew intended to sell the horse but failed to respond to the letter. Legal Issue: Did the nephew's silence amount to acceptance of the offer, and was a contract formed? Judgement: The court held that there was no contract. Silence does not constitute acceptance unless there is a prior agreement that silence would amount to acceptance. In this case, the nephew's failure to respond meant that there was no acceptance, and therefore, no contract was formed.” [8] Intention to Create a Legal Relationship- “To bind, both parties should have a specific intention that can create a legal relationship, resulting in an agreement. Agreements of a social or household nature are not contracts because parties do not intend to build legal relationships.” [9] Relevant case law on this essential is as follows: Balfour v. Balfour (1919)- Facts: Mr Balfour promised to pay his wife a monthly allowance while he was working abroad, but the relationship later turned sour, and the payments ceased. Legal Issue: Did the parties intend for their agreement to have legal consequences, or was it a domestic arrangement without legal intent? Judgement: The court held that in domestic agreements, there's a presumption against legal intent. In this case, there was no intention to create a legal relationship, and the agreement was a domestic arrangement.” [10] The Intent of Legal Obligations- “One of the essential elements of a valid offer is that both parties subject to a contract must be clear with the intent to create a legal relationship. This also means that agreements that are not enforceable by the law like agreements between relatives are enforceable in the court of law.”[11] Relevant case law on this essential is as follows: Merritt v. Merritt (1970)- Facts: Mr and Mrs Merritt, who were separated, made an agreement in writing regarding the transfer of the family home to Mrs Merritt. Legal Issue: Was there an intention to create legal obligations in their written agreement, despite being separated? Judgement: The court held that in this case, there was an intention to create legal relations. The written agreement, made during the separation, indicated a clear intention to be legally bound, and Mrs. Merritt was entitled to enforce the agreement.”[12] Possibility of Performance of Agreement- “An agreement should be possible to perform for example suppose two people decide to undergo an agreement where person A agrees to bring person B’s dead relative back to life, this will not fall under the legal contract act because bringing back the deceased person alive is an impossible task. Thus, the agreement does not stand valid.”[13] Relevant case law on this essential is as follows: Taylor v. Caldwell (1863)- Facts: Caldwell hired Taylor's hall for musical performances, but the hall was later destroyed by fire before the event. Legal Issue: Was it possible for Taylor to perform the contract when the hall was destroyed through no fault of either party? Judgement: The court held that the contract was frustrated due to the unforeseen event of the hall's destruction. Since performance became impossible, the contract was discharged.” [14] Legal Formalities- “In a contractual agreement, if there is any uncertainty and both parties are not capable of finding the right path, then it is deemed void. As a part of the essentials of a valid consideration, the terms and conditions of the contract should be concrete”[15]. Any contract, that is uncertain in any sense, can be termed void. The terms mentioned in the agreement should be capable of performing specific actions or obligations. Relevant case law on this essential is as follows: Smith v. Hughes (1871)- Facts: Smith sold oats to Hughes, who inspected them without noticing they were of a lower quality. Smith argued that the contract was void because Hughes did not inspect the oats as required by the Sale of Goods Act. Legal Issue: Did the failure to inspect the goods in the prescribed manner render the contract void? Judgement: The court held that the contract was valid. The legal formality of inspection was not essential to the agreement, and Hughes' actions indicated acceptance, making the contract binding”[16]. Consideration- “Consideration means the moral value given for the performance of the promise. It should not be only limited to money, but there should be some value to what has been agreed upon”[17]. One of the essentials of valid consideration is that it should not be adequate, but should carry some value in the eyes of law. Relevant case law on this essential is as follows: Ward v. Byham (1956)- Facts: " Byham promised to send her child regularly to live with Mr. Ward, who was the child's father. In return, Mr. Ward promised to take good care of the child and provide a suitable home. Legal Issue: Was there valid consideration for Ms. Byham's promise to send the child to live with Mr. Ward? Judgement: The court held that there was valid consideration. The mother derived a benefit from the promise that the child would be well cared for, and the father derived a benefit from having the child live with him. The mutual promises constituted valid consideration.”[18] Henceforth, these are the required essentials and relevant case laws that might have helped you understand the intricacies of contract law in much more detail. Moving on, we must understand the nitty-gritty of contract drafting and how we can draft an excellent contract by keeping in mind the universal best practices. Essential elements and drafting of a contractual agreement - Sometimes it looks like the whole world revolves around contracts. They are a crucial part of how all companies interact and how individuals engage in business relations yet drafting can be a daunting task if not done efficiently. In this segment, I have tried covering minor though important things to consider while drafting a contract so that it is holistic, makes sense, and is even legally enforceable. You might be wondering if anyone can write a contract. Honestly speaking, there are no specific requirements for you to be a legal practitioner to draft a contract, so you can stop losing sleep now. As we discussed earlier, a contract is simply a written agreement between two or more people. So, why do people and firms invest so much in consulting counsels for help in drafting contracts? This is because some legal experience and consultancy are beneficial if you want to create a contract that is future-proofed and sealed. Therefore, it is advisable for firms and individuals to seek legal help when drafting a contractual agreement. Non-negotiable elements of a contract - Agreement - “Contracts are not merely written for the sake of it; they all carry significance. This is why the most crucial element of any contract is the agreement.”[19] Essentially, the agreement is what defines the contract. For instance, in a contract between a seller and a manufacturer, there would be an agreement stating that the seller has committed to purchasing goods from the manufacturer/seller. It's important to emphasize that the placement of this information doesn't affect its importance; what matters is its inclusion in the document. Additionally, it's crucial to express the contractual agreement as clearly as possible to prevent any potential legal complications or ambiguity in interpretation. The parties- Including the parties in the agreement is essential for a legally enforceable contract. In the case of an agreement between a buyer and a seller, it is crucial to include the names and addresses of the respective parties. This inclusion facilitates the identification of the contracting parties and enables one party to contact the other in case of any future legal issues. Consideration- Sometimes people mistake consideration to be something of monetary value and proportionate in nature however section 2(d) of the ICA 1872 defines consideration as “where the Promisor or anyone else has done or promised not to do or do anything. Such restriction or promise is called a consideration.” [20] It is based on the term “quid-pro-quo” which means “something in exchange”.Two essentials are needed to be satisfied for a valid consideration: “Consideration must move in the direction of the promisor’s desire: In a contract, the promisor promises something to the promisor in exchange for a subsequent act or restraint. As a result, the promisee must only perform his part of the promise at the ‘will’ of the promisor. Consideration on the promisee’s or anyone else’s behalf: If the counterparty has any objections, or if the promisor has any. It can also be transferred to a non-contracting third party. Under Indian law, the consideration does not have to be given solely by the promisee; it can be given by the promisee or any other person.”[21] Looking at the definition and its interpretation it's clear that a consideration need not be of some monetary value or proportional to the consideration by the other party rather it should be lawful in the eyes of the law and agreed by both the parties to fall under the category of a valid consideration. “Therefore insertion of consideration into the contract is crucial if you want to make sure that the paying party will be legally bound to make payments.”[22] Terms and conditions - This is typically the segment that proves most tiresome to draft and read. Nevertheless, it is a pivotal section that makes it clear what the parties are agreeing to. Therefore, the incorporation of this section into our contractual agreement is significant, as it aids in outlining the party's obligations and rights comprehensively. Acknowledgement of parties' competence to contract - For an agreement to be legally valid, all of the individuals who signed the agreement must have “contractual capacity to enter into contracts”[23]. Contractual capacity is a legal term that refers to the minimum mental capacity which is required to enter into a contractual agreement. In other words, we can say that individuals who lack contractual capacity are presumed to not know what they are doing and they can set aside the contract if required. For your contract to be legally valid your document must include a statement recognizing that each party has the capacity to sign the contract. Space for date and signature- “A contract without a signature isn’t worth the paper it’s printed on.”[24] To put it simply a contractual agreement becomes legally enforceable only with the signature of each party involved in the agreement. Hence you shouldn’t forget to include space for every party to sign on the contracting document. “As well as a lot of contracts essentially require to be dated .”[25] This is important to avoid any issues in the future between the contracting parties. How to draft a contract between two parties: A step-by-step guide - Till now you might be clear about what you need to include in a contract, now it is time we shed some light on drafting. Follow the step-by-step guide mentioned below to aid you in drafting a contract with confidence: Check out the parties - “The parties to a contract are the most important element; without them to enact the terms of the agreement, there’s no point in even writing the contract.” [26] If you are drafting a contract on behalf of parties you must know the intention of the contracting parties inside out and accordingly draft an agreement keeping their intention in your mind. For example - You can make sure whether they are competent to participate or not such as if they are over 18 (the minimum age for entering into a contract) and not under the influence of alcohol while entering the agreement. Negotiate and Finalize Terms- Start your contract with clear and direct language. This makes managing the contract down the line easier and simplifies the drafting process. Ensure everyone's on the same page before putting pen to paper. If needed, gather the parties for a face-to-face agreement. Yet, for straightforward contracts, written intentions from all parties would suffice. Define the Duration of the Agreement- Imagine I promised to clean your car, and I did just that, spending the entire day to make it shine. Seems fair, right? But if someone were really into legal battles, they might argue that I never specified when I'd finish washing your car – technically, I could be stuck in your driveway forever. While this may sound far-fetched, it highlights why it's crucial to set a clear endpoint in the contract once you've laid out the terms. Many contracts involve ongoing tasks, yet even these should have a termination clause, providing the same could also be used by parties to end a contract prematurely. Clearly specify the consequences - “Contracts are an expression of good faith – however, not everything goes exactly to plan.”[27] After you have completed drafting and defining the duration of your contractual agreement your next task should involve making the parties clear about the consequences they might face in case of a breach. “The specifics will vary based on the type of contract you're creating. For a rental agreement, for example, you'll likely need to outline what happens if a tenant doesn't pay rent on time or causes damage to the property.”[28] Without these sorts of mentions the value of the contractual agreement becomes futile. Establish the framework for Dispute Resolution - It is inevitable that despite the inclusion of penalty clauses in the commercial agreement parties will disagree on failures to enact the obligations of the contractual agreement. It is advised by legal counsels that apart from the inclusion of civil litigation, parties should also include methods of ADR(Alternative dispute resolutions) such as mediation, arbitration, etc as a mode for speedy and inexpensive dispute resolution. Putting this into our agreement will ensure that every dispute will be treated fairly and it will be easy to resolve. Respecting confidentiality of parties - At times, the contract contents must be kept confidential, as they may involve sensitive personal data or company secrets. “If this is the case you should insert a confidentiality clause into the agreement .”[29] Henceforth breaching of the confidentiality clause is in itself equivalent to a breach of contract. Keeping check of the contract’s legality- To be sure that your contract is legally valid and enforceable it is crucial that it should be within the local laws or regulations and if there seems to be a breach of the same there should be an according reformation of the same. Open it up for negotiation - Finally after taking into consideration all the above-stated steps in mind the contracting parties might ask you to reframe or scrap something completely from the agreement hence your contract should be open to negotiations before it is signed by both the parties. This will ensure that everyone is happy and content when it ultimately comes to signing the final agreement. Some final Tips to make your contract make sense: Keep it simple - “A legal agreement is not the place to pull out your best Shakespeare impression”[30] Therefore it is advisable to keep it simple and use plain English throughout avoiding unnecessary use of complex vocabulary, legalese, or jargon as that will only make things difficult for you. Use modals wisely - “Verbs like ‘may’, ‘shall’, and ‘will’ need to be handled carefully when you’re drafting a contract.”[31]As they all might carry different meanings being a little more vigilant with them will ensure a hassle-free contractual agreement. Avoid using Synonyms- “Usually, we try to mix up our vocabulary when writing; however, it’s better to stick to the same old words and phrases throughout a contract.”[32] This ensures that the meaning of your contractual terms is clear, you should try defining them at the start of the contract. Divide and triumph - While drafting contracts your main aim should be ease and clarity of contractual terms. “Dividing the contract into multiple sections and subsections will help you simplify the agreement.”[33] It is advisable to avoid large blocks of text and use bullet points or sub-points whenever possible. CONCLUSION & COMMENTS: Contracts are essential to business relations and personal dealings. As highlighted throughout this article a valid enforceable contract requires specific essential elements like competent parties, contractual relations, consideration, concrete and clear terms and conditions, and the presence of signature and dates on the contractual document to make it legally valid. While contract drafting might seem, a complex task following certain basic guidelines on the same including clearly defined duties, rights, dispute resolution processes, and respecting party confidentiality can create balanced, legally binding agreements between parties. Ensuring agreements comply with policy regulations and allowing room for negotiations can also lead to the formation of mutually beneficial contracts. To conclude, I would say contracts, in itself, is a huge subject. A single article on the web can't provide a comprehensive understanding of such a vast topic. Henceforth, I recommend you to surf the web and explore additional articles/blogs on the subject to gain a clearer and more comprehensive understanding. My piece is just a bucket in the vast ocean, so get going before settling on this one. REFERENCES : Online Articles / Sources Referred – Ownr Blog (2023) "How to Build a Contract for Your Small Business." Indian Legal Solution (2020) "Definition and types of contracts." Legal Katta (2021) "'All Contracts Are Agreements but All Agreements Are Not Contracts.'" Legal Service India (Date not provided) "Essentials of a valid contract under the Indian Contract Act, 1872: A Comprehensive Analysis." Laws Study (2021) "Define Consideration and its Essential Elements ICA 1872." Svitlana Omelia Blog (2023) "A comprehensive guide on how to draft a contract." Cases Referred- Great Britain v Boots Cash Chemists (1953) 1 QB 401 Carlill v Carbolic Smoke Ball Company ([1893] 1 QB 256), (legalservicesindia.com) Balfour v Balfour [1919] 2 KB 571 Merritt v Merritt [1970] 2 All ER 760 Taylor v Caldwell (1863) 3 B & S 826, LawLex.Org Smith v Hughes (1871) LR 6 QB 597 Ward v Byham [1956] 1 WLR 496 Statutes Referred- Section 2(h) in The Indian Contract Act, 1872 Section 2(d) in The Indian Contract Act, 1872 [1] Team, O. (2023) How to Build a Contract for Your Small Business, Ownr Blog. Available at: https://www.ownr.co/blog/how-to-build-a-contract/ (Accessed: 2 March 2024). [2] Solution, I.L. (2020) ‘Definition and types of contract’, Indian Legal Solution, 5 July. Available at: https://indianlegalsolution.com/definition-and-types-of-contract/ (Accessed: 2 March 2024). [3] Section 2(h) in The Indian Contract Act, 1872 (no date). Available at: https://indiankanoon.org/doc/1890444/ (Accessed: 2 March 2024). [4] All Contracts Are Agreements But All Agreements Are Not Contracts’ (2021), 7 March. Available at: https://legalkatta.in/all-contracts-are-agreements-but-all-agreements-are-not-contracts/ (Accessed: 2 March 2024). [5] Essentials of a valid contract under the Indian Contract Act,1872: A Comprehensive Analysis-https://legalserviceindia.com/legal/article-5512-essentials-of-a-valid-contract-under-the-indian-contract-act-1872-a-comprehensive-analysis.html (Accessed: 2 March 2024). [6] Pharmaceutical Society of Great Britain v Boots Chemists – Case Summary (2020) IPSA LOQUITUR. Available at: https://ipsaloquitur.com/contract-law/cases/pharmaceutical-society-great-britain-v-boots-cash-chemists/ (Accessed: 2 March 2024). [7]Carlill v/s Carbolic Smoke Ball Company (no date). Available at: https://legalserviceindia.com/legal/article-6570-carlill-v-s-carbolic-smoke-ball-company.html (Accessed: 2 March 2024). [8] Felthouse v Bindley – Case Summary (2020) IPSA LOQUITUR. Available at: https://ipsaloquitur.com/contract-law/cases/felthouse-v-bindley/ (Accessed: 2 March 2024). [9] Essentials of a valid contract under the Indian Contract Act,1872: A Comprehensive Analysis-https://legalserviceindia.com/legal/article-5512-essentials-of-a-valid-contract-under-the-indian-contract-act-1872-a-comprehensive-analysis.html (Accessed: 2 March 2024). [10] Balfour v Balfour – Case Summary (2020) IPSA LOQUITUR. Available at: https://ipsaloquitur.com/contract-law/cases/balfour-v-balfour/ (Accessed: 2 March 2024). [11] Essentials of a valid contract under the Indian Contract Act,1872: A Comprehensive Analysis-https://legalserviceindia.com/legal/article-5512-essentials-of-a-valid-contract-under-the-indian-contract-act-1872-a-comprehensive-analysis.html (Accessed: 2 March 2024). [12] Merritt v Merritt, [1970] 2 All ER 760 | England and Wales Court of Appeal (Civil Division), Judgment, Law, casemine.com (no date) https://www.casemine.com. Available at: https://www.casemine.com/judgement/uk/5a8ff87960d03e7f57ec1097 (Accessed: 2 March 2024). [13] Merritt v Merritt, [1970] 2 All ER 760 | England and Wales Court of Appeal (Civil Division), Judgment, Law, casemine.com (no date) https://www.casemine.com. Available at: https://www.casemine.com/judgement/uk/5a8ff87960d03e7f57ec1097 (Accessed: 2 March 2024). [14] Jaggi, N. (2020) ‘Case Summary: Taylor v. Caldwell’, LawLex.Org, 15 July. Available at: https://lawlex.org/lex-bulletin/case-summary-taylor-v-caldwell/24748 (Accessed: 2 March 2024). [15] Essentials of a valid contract under the Indian Contract Act,1872: A Comprehensive Analysis-https://legalserviceindia.com/legal/article-5512-essentials-of-a-valid-contract-under-the-indian-contract-act-1872-a-comprehensive-analysis.html (Accessed: 2 March 2024). [16] Smith v Hughes – Case Summary (2020) IPSA LOQUITUR. Available at: https://ipsaloquitur.com/contract-law/cases/smith-v-hughes/ (Accessed: 2 March 2024). [17] Essentials of a valid contract under the Indian Contract Act,1872: A Comprehensive Analysis-https://legalserviceindia.com/legal/article-5512-essentials-of-a-valid-contract-under-the-indian-contract-act-1872-a-comprehensive-analysis.html (Accessed: 2 March 2024). [18] Ward v Byham, [1956] 2 All ER 318 | England and Wales Court of Appeal (Civil Division), Judgment, Law, casemine.com (no date) https://www.casemine.com. Available at: https://www.casemine.com/judgement/uk/5a8ff87860d03e7f57ec107d (Accessed: 2 March 2024). [19] svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024). [20] Section 2(d) in The Indian Contract Act, 1872 (no date). Available at: https://indiankanoon.org/doc/877630/ (Accessed: 2 March 2024). [21] ‘Define Consideration and its Essential Elements ICA 1872 - LAWS STUDY’ (2021), 10 August. Available at: https://lawsstudy.com/define-consideration-and-its-essential-elements-ica-1872/ (Accessed: 2 March 2024). [22] svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024). [23] svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024). [24] svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024). [25] svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024) [26] svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024). [27] svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024). [28] svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024). [29] svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024). [30] svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024). [31] svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024). [32] svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024). [33] svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024). - [AYODHYA RAM MANDIR VERDICT: CONSTITUTIONAL PRINCIPLES & IMPACT ON PEOPLE](https://lawfoyer.in/ayodhya-ram-mandir-verdict-constitutional-principles-impact-on-people/) - Author-Khushi, University Institute of Legal Studies, Panjab University INTRODUCTION Sites that are sacred have great power. They hold great symbolic meaning for both outsiders and members of the communities that regard them as sacred. Sometimes they begin to act as communal spaces unless it hold special significance for only one individual, who need not share it with others who have other interests. It might be necessary for members of a single, cohesive religious group to share it with one yet another. Many of the most well-known disputes over holy locations involve locations that are contested by several religious groups; one such example is the ongoing dispute in Israel on the Noble Sanctuary/Temple Mount , sometimes Even nonreligious sharing can also spark controversy; in the UK, for example, there have been disputes regarding Stonehenge’s historical and religious purposes. The article concentrates on the legal ramifications of one very long-running dispute, disagreement on Ayodhya Ram Temple/ Babri Masjid. North Indian town Ayodhya is located in the Uttar Pradesh state’s Faizabad district. Every major religion practiced in India has some link to it. Still, For our purposes, the relationships that Hindus and Muslims have with the location. Various beliefs related to structure Ayodhya was a Saivic centre for Hindus for many centuries, and in the seventeenth Century developed became a major Vaishnavite hub in the century. Specifically, Ayodhya is viewed by Hindus are the people as birth place of Hindu God Rama. Similar to the Hindu accounts of belief , the Islamic account of Ayodhya’s history emphasizes how old the relationship between religion and the location is, dating back much longer than any conventional history could. Muslims contend that they have been connected to Ayodhya from Pre-Islamic era, when Noah and Seth, one of Adam and Eve’s children, were buried at Ayodhya , a sizable number of religious tourists are still drawn to both grave sites. Ayodhya’s monarch was vanquished in combat by the first Mughal Emperor, and in 1528, his administrator erected a mosque in the city. Ayodhya’s numerous Muslim holy sites make it known as a “Khurd Mecca,” or little Mecca. The pre-1528 history of the site, differs considerably between the two communities. The Hindu community asserts that for the purpose of constructing a masjid first Mughal Emperor demolished an ancient and magnificent Ram temple and on the remains of temple, mosque was built . Whereas Muslims assert that it was vacant land and nothing was demolished for any such construction. Keywords : Ayodhya Ram Lalla Virajman, Babri Masjid, Religion, Status quo , secularism Legal Analysis of the issue The groundwork for the settlement of these and other communal disputes by legal means was laid with the start of the British Crown’s direct administration over the region in 1856. A Hindu priest created a chabutra, or elevated platform for idols, in 1857 on a portion of the Babri Masjid property. Local Muslims objected to this, but the disagreement was settled by agreeing to build a wall between the mosque and the Chabutra, subsequently dubbed the Janmastan Temple. Nonetheless, Muslims protested against the building of a clay chabutra in a petition to the local magistrate on November 30, 1858. In 1860, the Babri Masjid was formally recognized as a Muslim place of worship & decision to let the Janmastan priest to build a temple above the Chabutra were turned down in 1883–1885.21 The matter came before the District Court in 1886. There were three reasons why the judge rejected the petition. First of all, It is regrettable that a masjid was constructed on land that Hindus specifically hold sacred, but because the incident happened 356 years ago, there is no way to address the issue. Second, any alteration can have the opposite effect of what is intended and destabilize the system. Thirdly, the Hindu priest’s assertion that he was the landowner was unsupported by any documentation. The Judicial Commissioner of Avadh upheld the District Court’s decision, stating in his ruling dated November 1, 1886, that the plaintiff’s claim was quickly dismissed by the executive and Civil Courts. The appeal was dismissed,the parties were asked to maintain status quo. An internal Muslim dispute in 1943 -45 was also promptly resolved, with a legislative inquiry concluding that a Sunni Muslim founded the Babri Masjid, later observation citing that such site was being used by both Shias & Sunnis, still being led by Sunni Waqf board. The controversy changed course in Dec, 1949.As claimed by Muslims ,a group of Sadhus lightened sacred flames around graveyard of mosque to support their claims Later, idols believed to have been placed there miraculously by Hindus—Ram, Lakshmana, and Sita—were found inside the mosque. Gould stated it as a cause of sensation between both communities. The local authorities ordered the Babri Masjid gates to be locked and forbade both communities from using it because they believed that the dispute would likely cause a breach of the peace, since the argument increased tensions in the community. An appointed receiver made arrangements for protection of contested property and assumed control of it on January 5, 1950. Many lawsuits and countersuits ensued, which were eventually combined into a one lawsuit in 1964. The primary lawsuit was filed in 1961 by The Sunni Central Board of Waqf, UP, seeking the declaration and regaining of ownership of the mosque and cemetery following removal of idols. Death of receiver in 1970 created a fresh dispute that could only come to an end in 1987. A Hindu nationalist group called Vishwa Hindu Parishad (VHP) started a campaign in 1984 to “liberate” the Ram Janmabhumi and reconstruct the beautiful Ram temple in Ayodhya. In 1986, a Hindu intervenor who was not involved in any of the primary lawsuits obtained an order that gave him permission to enter the building freely for prayer, something that was prohibited by the interim order of 1950 ,this time Hon’ble Judge K.M. Gupta stated that opening the gates and allowing the idols within to be seen will not, under any circumstances, have an impact on the Muslims or any other members of the other group. The tension between both the groups accelerated when the UP State government acquired 2.77 acres of disputed land on 7 October 1991. The government argued that this was to promote tourism and provide amenities for pilgrims. The acquisition was challenged on the basis that the land was Waqf property, and so could not be acquired under the relevant legislation; and that the exercise of power was colourable having malafide intention for Muslims, whereas looking upon merits and facts of the case , an interim order of Hon’ ble High court allowed the acquisition. Since both the parties were in eager urge to actual title holder of disputed Land , and no such decision was being given by Hon’ble courts in order to prevent breach of peace. Dharma Sansad, on 31st of October 1992 announced resumption of Karseva. As a consequence of the then Prime Minister, PV Narsimha Rao’s continuous appeal to Hon’ble supreme court to intervene , the occasion being of symbolic importance was allowed , along with efforts being ensured to prevent any miscarriage of peace .The UP State Government assured the Court the protection of mosque & The High Court appointed a District Judge as an observer who would report periodically. Despite all these assurances, the Babri Masjid stood demolished on 6 Dec,1992. Following the demolition, the World Hindu Lawyers Association, a lesser-known forum, petitioned the High Court in a Writ Petition, asking for the deity’s blessing in the temporary Hindu temple. They asked the judge to grant them permission to use their constitutional freedom to practice one’s religion. In the prersuance , Justices H.N. Tilhari and A.N. Gupta ordered in their ruling that the orders imposed under Section 144 CrPC be relaxed, and further ordered state officials to permit the petitioners, who are Hindus and followers of Ram, to receive darshan in the temporary Ayodhya temple, decision being challenged in Hon’ble supreme court in order to maintain status quo.Following the ruling of the Supreme Court on October 24, 1994, the High Court’s proceedings were restarted in January 1996 and lasted until the Allahabad High Court rendered a decision in September 2010.Delay has been described as the ‘pathology of the Indian legal system’ and has been a cause of concern. Even though it has always existed in the Indian judicial system, delays typically last between ten and fifteen years. But in the Ayodhya dispute, without even a preliminary trial, the delay was prolonged to 42 years . In such lengthy litigations , interim relief ,has been always crucial that has also spanned generations , whereas on the other hand, each decision of title centred around maintenance of status quo . After a drawn-out trial, three rulings totalling over 8000 pages were issued ,but all the three judges noted undesirability of very long period which could have been resolved before 1986 unlocking order, ultimately marking tripartite sharing between two communities: 2/3 to Hindus and 1/3 to Muslims. Besides , nothing matched then govt’s attempts to extinguish the sacredness of the place were beyond its competence. The verdict was delayed by the Supreme Court in May 2011 because they deemed it to be “strange and surprising.” It was specifically mentioned that none of the parties had requested the relief that the High Court had given, which was partition. Rather, each party had pursued exclusive rights throughout the whole precinct. The status quo was mandated by the Supreme Court until the matter was decided by the Supreme Court. In February 2018 ,the Supreme Court made it clear it would approach the case as a pure land dispute and began to hear the substance of the case on 23rd March 2018.The writers of the Constitution understood that secular principles were necessary for maintaining social cohesion and religious peace in a multi-ethnic and multireligious nation such as India. The fundamental human rights of all Indian citizens, particularly those of the minority groups, were to be safeguarded on the basis of these principles. Indian secularism attempted to address some of the injustices that existed in Indian culture, Jacobsohn described it as “ameliorative secularism.” Ayodhya verdict by Hon’ble Supreme court Legal issues framed First, what precisely are the boundaries of a Hindu idol’s legal personality? Stated differently, how close is the legal personality of a real person to the artificial legal personality that courts have bestowed upon a Hindu idol ( Bhagwan Sri Ram Virajman) Thus, two tenets used by courts support the validity of the Hindu idol as a legal or “juristic” person. The first is to acknowledge the testator’s religious intent as a legal body that is able to own property in an ideal sense in the absence of establishment of a trust. In order to guarantee that the pious aim is fulfilled, the second step involves combining the pious purpose itself with the idol that represents it. The Hindu idol is a legitimate person as it is conceived. Whether property of corporeal nature (Asthan Shri Ram Janam Bhumi Ayodhya) be ascribed legal personality? The Apex court here held that In this instance, all competing ownership rights to the in question land would be annihilated with the recognition of “Asthan Sri Ram Janam Bhumi” as a juristic person. The awarding of “absolute title” as a consequence of the awarding of legal personality on land) would, in actuality, negate the significance of title altogether. Furthermore, opposing claims would be eliminated solely on the grounds of the devotees’ faith and belief rather than as a result of established legal rules. This is not permissible under law. Further , referring to case of THE MOSQUE, MASJID SHAHID GANJ V. SHIROMANI GURUDWARA PRABANDHAK , Apex court held that conferring legal personality on immovable property leads to consequences that fundamentally have no Nexus to limited purpose for which juristic personality is conferred. The Supreme Court decided that if the adherence to constitutional ideals is to be maintained, the adjudication of civil disputes pertaining to private property must continue to be under the purview of the courts. Hence , decided it couldn’t be attributed a juristic personality. Whether suit filed by Nirmohi Akhara was barred by limitation? Limitation Act of 1908 was in force on the day of Institution of suit , i.e. why Hon’ble High court held in split verdict 2:1 that the suit by Nirmohi Akhara was barred by limitation, Justice S.U. Khan presenting dissenting opinion. Nature and scope of section 145 ,crpc? Section 145 is recognised to be a branch of preventive jurisdiction of Magistrate , mere CUSTODIA LEGIS , as it is only invoked if Magistrate satisfies that issue is such that has potential to likely cause breach of peace. The section donot purports to decide party’s title or possession of land .Actual substantive right to decide such title or possession vests with civil courts in civil proceedings. It also constitutes a reason why Nirmohi Akhara cannot take plea that since no order was passed under section 145, crpc i.e. why no limitation period commenced. The suit of 1885 and Res judicata barring subsequent suits ? Held, There is absolutely no merit in the contention that the principles of constructive res judicata will bar the subsequent suits. The parties were distinct. The claim in the earlier suit was distinct. The basis of the claim was indeed not that which forms the subject matter of the subsequent suits. Evidentiary Value of The Reliance On Travelogues, Gazetteers And Books? Held ,while Gazetteers have been noticed in several decisions of this Court, it is equally important to note that the reliance placed on them is more in the nature of corroborative material. The evidentiary value to be ascribed to their contents necessarily depends upon the context and is subject to a careful evaluation of their contents. Concept of Possession and Adverse Possession? A person who sets up a plea of adverse possession must establish both possession which is peaceful, open and continuous – possession which meets the requirement of being “nec vi nec claim and nec precario.” To substantiate a plea of adverse possession, the character of the possession must be adequate in continuity and in the public because the possession has to be to the knowledge of the true owner in order for it to be adverse. Held, The evidence in the records indicate that Hindus, post the setting up of the railing have, in any event, been in possession of the outer courtyard. On this basis alone, the plea of adverse possession set up by the plaintiffs in respect of the entirety of the area must fail. Is doctrine of lost grant applicable? Since a plea of adverse possession is predicated on title vesting in someone other than the purported grantee, it would be interpreted against the application of the doctrine of lost grant . The Privy Council's and this Court’s rulings acknowledging the doctrine as a rule of evidence demonstrate that the concept needs to be used cautiously. The concept is an evidence-based guideline rather than an independent, substantive basis for the recognition of titles. According to Section 110 of the Evidence Act of 1872, it is the burden of proof to establish ownership when there is a doubt as to whether a person in possession of something is its rightful owner. The theory of lost grant must inevitably follow that it has no applicability in this particular instance in the absence of any pleadings or evidence that may be used to support an assumption that the doctrine is applicable. Analysis on Muslim claim of possession? The travelogues (chiefly Tieffenthaler and Montgomery Martin) provide a detailed account both of the faith and belief of the Hindus based on the sanctity which they ascribed to the place of birth of Lord Ram and of the actual worship by the Hindus at the Janmasthan; William Finch (1608-11) and Tieffenthaler who visited India between 1743-1785 provided an account of Ayodhya. Conspicuous in both the accounts are references to worship by the Hindus to Lord Ram. The positive account of Hindu worship to Lord Ram is of probative value. There is no evidence to the contrary by the Muslims to indicate that their possession of the disputed structure of the mosque was exclusive and that the offering of namaz was exclusionary of the hindus. FINAL VERDICT On 9th of November 2019, the final case of M.SIDDIQ (D) THR LRS V. MAHANT SURESH DAS AND ORS. Settled unanimously , pronouncing a judgement of 1045 pages by five judge bench of Hon’ble supreme court led by then ,Chief justice of India , Ranjan Gagoi where The Indian government was given a three-month deadline by the court to establish a board of trustees and establish a trust to construct the Ram Mandir temple. The Indian government will be the owner of the contested land, which will thereafter be given to the Trust upon its establishment. The Court directed that the full 2.77 acres of contested land be set aside for the construction of a temple, and that the Uttar Pradesh Sunni Central Waqf Board be given 5 acres of alternative land to be used for the construction of a mosque at a suitable location in Ayodhya. The division of the contested land by the Allahabad High Court in 2010 was deemed erroneous by the Court. Further, ASI submission that Masjid was built atop the structure that was indigenous and non Islamic was taken as an ordinary opinion owing to dissenting submissions by Muslim claimants . Review petitions Review petitions were filed in reaction to the Ayodhya ruling, which was overturned on December 12, 2019, since the court found no basis on which “to entertain review petitions” even after “carefully going through” the supplied papers that were attached. However, the disagreement was settled through an adjudication process in which a fair legal system was established and all parties were given an equal opportunity to submit their case. This procedure as a whole deserves to be praised as a secularist win. It is never thought that criticism of judgement is unwarranted; rather, it is a fundamental tenet of a robust democracy. The idea of inviolability and inevitability, which must be presented as a secularist advantage to stop violence or strife. SECULARISM – TOP TIER IN INDIA The Indian constitution has always been inherently secular, which is why Hon. Prime Minister Shri Narendra Modi said on the day of the ruling that "the verdict should not be seen as win or loss for anybody. We have the essential essence of Rashtra Bhakti, whether we are practicing Ram or Rahim bhakti.” Also inaugurating world’s third largest temple in Asia on 22nd of January, 2024 , at its Pran pratistha (consecration ceremony) Prime Minister Narendra Modi remarked “ Influence of Rama is global and stands tall as unity of India and shaping new India with social Harmony , economic prosperity and scientific progress. The event itself grabbed very tightly nerves of unity as 100 dignitaries from 55 nations including Akhbar Taj, Justice Nazeer, user Ahmad Illyasi were invited sending messages of peace and brotherhood among all and reiterating the concept of VASUDEV KATUMBAKAM. Impact of Ram Mandir has been no less than a Messiah for a region said to steeping in poverty and backwardness. Impact on INDIAN ECONOMY Reports of foreign brokerage firm Jefferies underlines that event doesn’t possess only spiritual significance but also substantial economic impact .$10 billion makeover encompassing new airport, railway station, road connectivity is anticipated to make multiplier impact. Ayodhya is no less than a catalyst with influx of tourists with projections reacting over 50 millions annually, transforming it from a quiet town to spirituality destination akin to Mecca and Vatican. Moreover , Acc.to SBI research reports, Indian economy is posed to achieve a milestones of $5trillion economy with growths rate surpassing 7%where Uttar Pradesh is expected to command second highest weightage in Indian economy, surpassing Norway in terms of GDP. The temple also posed commendable impact on telecommunication sector. CONCLUSION No doubt ,India strives testimony of providing justice to its citizens at any cost . Any such imuendo that such revival is against secular credentials has no legs to stand upon, as it is not so distant future when a new mosque would adore the region being largest mosque in Asia and the city Ayodhya being hub of two religious destinations. The city has potential to become symbol of Hindu Muslim amity and showcase SARVA DHARAM SAMBHAVA to entire globe .However , it stands prudent to let local people take the lead how they wish to go about their lives in changed environment. Politicians from outside world are best advised to keep away and not to polarize region with their viscous politics. REFERENCES Books / Commentaries / Journals Referred Ayodhya :Prof Peter W Edge & Dr M.C. Rajan. Ayodhya issue : jaffrelot Cases Referred SIDDIQ (D) THR LRS V. MAHANT SURESH DAS AND ORS, AIRONLINE 2019 SC 1420, 2020 (1) SCC 1, (2019) 15 SCALE 1, The Mosque Masjid Shahid Ganj V. Shiromani Gurdwara Prabandhak committee , Amritsar,AIR 1940 PC 116 Statutes Referred Constitution of India Places of worship Act 1991 Ayodhya Land acquisition act - [Article 16 of the Indian Constitution](https://lawfoyer.in/article-16-of-the-indian-constitution/) - Author-Naman Jain, Galgotias University INTRODUCTION All Indian citizens are guaranteed fundamental human rights under Part III of the Indian Constitution, and certain non-citizens are also entitled to these rights. These rights are referred to be "fundamental rights" because they are justified in nature and because anyone who feels that their rights have been violated may file a lawsuit. The United States Bill of Rights served as a major source of inspiration for those who drafted our Constitution, which established India's fundamental rights. This Article gives the outline for the appointment of employee in public office and the equality of opportunity for them. through this article the employment for general public is given to everyone without any kind of dispute as well as certain exception was also provided which was necessary for the public. The goal of Article 16 of the Indian Constitution is to give all people of the country equal opportunities for employment and official posts. The Article's first two sentences make it clear that there will be no discrimination against Indian citizens in the workplace. These clauses establish equitable job opportunities by outlawing discrimination on the basis of religion, race, caste, gender, place of birth, or any other criteria. Keywords (Minimum 5): Public Employment, Reservation, Promotion, SCs and STs, Reservation for EWS Context of this Articles (1) “There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.”[1] (2) “No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.” (3)” Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office[2] [under the Government of, or any local or other authority within a state or Union Territory, any requirement as to residence within that state or Union Territory] prior to such employment or appointment” (4) “Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. “[3][(4A) Nothing in this article shall prevent the State from making any provision for reservation [4][in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.]” “[5][(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.]” (5) “Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.” [6](6) Nothing in this article shall prevent the State from making any provision for the reservation of appointment or post in favour of any economically weaker section of citizen other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of Ten Percent of the post in each Category. Explanation of Articles Article 16 (1) The right to equality of opportunity in matters pertaining to public employment is covered by Article 16 of the Indian Constitution. Only citizens of India are officially guaranteed this right. Equality of opportunity is guaranteed in situations pertaining to "appointment" or "employment" to any office under the State by Article 16 (1). It only applies to positions held by or associated with the State or Government. Article 16(2) No citizen shall face discrimination in any employment or office under the State on the grounds of race, caste, gender, place of birth, residence, or descent, Article 16 (3), the Parliament may pass any laws mandating residency in a state or union territory in order to be considered for a specific job or appointment within that state or union territory, as well as in local government or other authorities within it. Article 16 (4) gives the State the authority to pass laws reserving positions in the public sector or jobs for people from underrepresented backgrounds, if the State determines that these groups have not been sufficiently represented in state services. The national government decided that the reservation in the advancement of SCs and STs should not be impacted and should continue, as the Indra Sawhney case exclusively pertains to the backward classes. But in order to allow the Parliament to reserve seats for SCs and STs in promotion positions, the 77th Amendment Act, 1995 was passed, adding clause 4-A to Article 16 of the Constitution. By the 81st Amendment, 2000, Clause (4-B) was inserted to the Indian Constitution under Article 16 in place of Clause (4-A). It was added to the Constitution with the intention that the backlog of open positions that could not be filled in a previous year because there were no eligible candidates from the SEBC category would not be combined with the 50% reservation for SCs, STs, and Other Backward Classes on the total number of openings in the following year. Article 16(5) law is excluded from the application of clauses (1) and (2), which stipulate that the occupant of any position must be qualified for appointment based on religion, under this clause Article 16(6) The 103rd Amendment, 2019, which went into effect on January 14, 2019, added clause (6) to Article 16 and gave the State the authority to reserve some positions for members of the Economically Weaker Sections (EWS) of society when they are appointed to government positions. But these clauses, in addition to the current reservations, have to stay below the 10% cap. Important Committees for this Article Kalelkar Committee Affirmative action for the "Depressed Classes," or the Scheduled Castes and Tribes, was implemented after India obtained its independence. This program helped the most marginalized and backward sections of Indian society. Nevertheless, no benefits were provided, nor was there a list of the other backward classes in the nation, which, while not as politically and socially backward as the ST/SCs, were nevertheless marginalized in society and lagged behind forwarding castes in the areas of economic development, employment, and education. In 1953, the nation's first Backward Classes Commission was established under the leadership of Kaka Kalelkar to solve this issue. The Kalelkar Commission was another name for this. [7] “When the commission submitted its findings in 1955, it said that there were 2399 backward groups in India, of whom 837 were considered to be "most backward," and that caste was the main indicator of backwardness”. But the Union Government disregarded them because it wanted to eventually establish a casteless society. But this was Rejected by the Government due to some problems. Indra Sawhney[8] Case known as Mandal Commission In the well-known "Mandal Commission case," Indra Sawhney v. Union of India, AIR 1993 SC 447, the Hon'ble Supreme Court carefully considered the parameters of Article 16(4) in this landmark decision. The case's facts were as follows: Under Article 340, the government appointed the second backward classes commission on January 1, 1979, with Sri B.P. Mandal serving as its chair. This Commission was tasked with looking into the socially and educationally disadvantaged groups living on Indian territory and recommending to the government ways to help them progress, including the need to set aside funds for them to be given preference for positions in state employment. In December 1980, the Commission published its report, which classified 3743 castes as socially and educationally inferior groups. Additionally, the Commission suggested that the government give these classes a 27% reservation. In the meantime, the Congress Party took control of the Centre when internal disputes caused the collapse of the Janta Dal Government. It wasn't until 1989 that the Congress Party carried out the Mandal Commission's recommendations. After defeating the Congress Party in the legislative elections in 1989, Janta Dal reestablished its hold on power and decided to carry out the Commission's report's recommendations as promised to the voters. Based on the Mandal commission report, the Indian government subsequently issued the Office Memoranda (OM) on August 13, 1990, reserving 27% of seats for members of the underprivileged classes in the State and Government services. Following the nation's approval of the Mandal Commission Report, there was a violent anti-reservation movement that lasted for about three months and claimed a great deal of lives and property. The Supreme Court Bar Association simultaneously filed a writ petition, arguing that the OM was invalid and requesting a stay of execution. The Five-Judge Bench of the Court halted the OM's operations until the case's resolution, which was rendered on October 1, 1990. Judgement for this Case In rulings of 6:3 Justice B.P. Jeevan Reddy, C.J.I. M.H. Kania, M.N. Venkatachalam, A.M. Ahmadi, SR Pandian, and SB Sawant, along with the other members of the Supreme Court's Constitution Bench, held that the Union Government's decision to reserve 27% of government jobs for members of the lower classes was constitutionally valid as long as the socially advanced individuals—the creamy layer among them—were removed. The Supreme Court clarified its position by ruling that seat reservations should be restricted to initial appointments only, not promotions, and that the overall reservation amount should not be more than 50%. The Congress Government's OM, which reserved 10% of government posts for upper classes that were economically disadvantaged, was overruled by the Court. The majority also concurred that no more than 50% of the reservation should be made. The scope and extent of Article 16(4) of the Indian Constitution were carefully scrutinized by the Court. It made clear the different points on which earlier courts had disagreed. The majority ruling of the Supreme Court can be summed up as follows: Caste is not the only factor to be taken into account when identifying a backward class of individuals, as stated in Article 16 Clause 4; nonetheless, caste cannot be the exclusive foundation for consideration. According to the majority, Article 16(4) of the Constitution is an independent clause rather than an exception to Article 16(1). Instead, similar to the Doctrine of Equality stated under Article 14, reservations may be made under clause (1) of Article 16 on the basis of reasonable classification. It is necessary to remove the creamy layer from the lower grades. It was found that the backward classes may be categorized as "backward and more backward" under Article 16(4) of the Constitution. The argument went on to say that classifying citizens as backward only on the basis of their economic status would undermine the very goal of Article 16(4), which is to give underrepresented groups adequate representation in state services to alleviate or elevate them as well as to give those who have been excluded from state power due to social, educational, and economic backwardness their rightful share. Backward class reservations cannot be made for more than 50% of the total. A provision enacted pursuant to Article 16(4) may only be implemented by executive order, subject to parliamentary approval. Not to be reserved for promotions. The Union government, State governments, and Union territories have appointed a permanent statutory committee to look into complaints regarding the inclusion or exclusion of certain groups, sectors, and classes from the list of other backward classes. About the Mandal Commission Report, no viewpoint was voiced. Rule laid down in this Article Carry forward Rule In [9]“T. Devadasan v. Union of India” the Supreme Court examined the application of Article 16(4) (1964). In this instance, the question was whether the government's "carry forward rule," which governed the appointment of members of the underprivileged classes to positions involving state services, was constitutionally valid. According to this rule, any unfilled positions would be considered unreserved and would be filled by newly available candidates if a sufficient number of candidates from the SC and ST classes were not available for appointment to the reserved quota. In addition to their reserved quota for the following year, a corresponding number of posts would be reserved for SCs and STs in the following year. As a result, the unused balance and open positions from the second and third years were carried over all at once. In reality, SCs and STs were allocated 68% of the available positions. The carry forward rule was declared unconstitutional by the Honourable Supreme Court, which ruled 4:1 that the government could not use its authority under Article 16(4) to deny members of classes other than the backward classes a reasonable opportunity in matters of public employment. “The Hon’ble Supreme Court, in Indra Sawhney v. Union of India, overruled Devadasan v. Union of India on the point and held the “carry forward rule” valid as long as it did not, in a particular year, exceed 50 percent of vacancies.” Catch Up Rule [10]Following the constitutional recognition of reservation in promotion, the reserved category candidates who were promoted ahead of their general class counterparts became their seniors due to their earlier promotion. The Hon’ble Supreme Court addressed this anomaly by introducing the concept of a catch-up rule in two cases: [11]Union of India v. Virpal Singh (1995) and [12]Ajit Singh v. State of Punjab (1996). According to this rule, the senior general category candidates who were promoted after SC/ST candidates would regain their seniority over general category candidates who were promoted earlier. Candidates in the reserved category can keep their seniority over their counterparts in the general category through consequential seniority. To put it another way, the State may stipulate that a candidate who was promoted ahead of time due to the reservation rule will not be entitled to seniority over his senior in the general category and that a general candidate who was promoted ahead of him will regain his seniority over the reserved candidate even if he is promoted later to the reserved candidate. The ideas of consequential seniority and the catch-up rule are neither implicit in Article 16 clauses (1) and (4), nor are they constitutional constraints. Neither are they constitutional requirements. Articles 14, 15, and 16 of the Constitution establish an equality law that remains unchanged even if these regulations are eliminated. Article 16's clause (1) cannot stop the state from considering the compelling interests of the socially excluded. Article 16's clause (4) relates to affirmative action through reservation, which allows the government to grant reserve if it determines that there is insufficient representation of underrepresented classes in the service based on verifiable statistics. CONCLUSION & COMMENTS The most significant fundamental right guaranteed to every person by the Indian Constitution is the right to equality. By elevating particular societal segments or classes, it seeks to accomplish social and economic fairness. Equal opportunity is guaranteed by Article 16 when it comes to hiring or appointment to positions in the government. The drafting committee did, however, substitute several measures for a reservation of government posts for members of the socially and educationally backward classes (SEBC) of society. By bringing them forward and offering them the chance to represent in state jobs, the same aimed to give opportunities to those who have always been in the dark (i.e., the vulnerable sections of society), who had previously been outside the state administration. The Indian Constitution was drafted with consideration for the inequality that existed at the time, which peaked in the 1990s. They saw that the nation was separated into two classes: the rich and the backward, and that these provisions were necessary to bring the two classes together and promote the nation's general development. REFERENCES Books / Commentaries / Journals Referred “The Constitution of India” Online Articles / Sources Referred https://legislative.gov.in/constitution-of-india/ https://www.indiacode.nic.in/bitstream/123456789/15240/1/constitution_of_india.pdf https://byjus.com/free-ias-prep/right-to-equality/ https://blog.ipleaders.in/article-16-of-indian-constitution/ https://lawbhoomi.com/equality-of-opportunity-in-matters-of-public-employment-under-article-16/ Cases Referred Indra Sawhney v. Union of India, AIR 1993 SC 447 Devadasan v. Union of India, (1964) 4 SCR 680 Union of India vs Virpal Singh 1996 AIR 448 Ajeet Singh vs State of Punjab SLP (Crl.) no.147 of 2017) [1]https://www.indiacode.nic.in/bitstream/123456789/15240/1/constitution_of_india.pdf [2] Substituted by the Constitution 7th Amendment [3] Inserted by the constitution through 77th Amendment [4] Substituted By the Constitution through 85th Amendment [5] Inserted By the Constitution through 81st Amendment [6] Inserted By the Constitution through 103rd Amendment [7] https://www.ncbc.nic.in/Writereaddata/AR%202012-13%20Pandey635705824205955927.pdf [8] Indra Sawhney v. Union of India, AIR 1993 SC 447 [9] Devadasan v. Union of India, (1964) 4 SCR 680 [10] https://blog.ipleaders.in/article-16-of-indian-constitution/ [11]Union of India vs Virpal Singh 1996 AIR 448 [12] Ajeet Singh vs State of Punjab SLP (Crl.) no.147 of 2017) - [Right to Trade, Commerce and Intercourse under Indian constitution - Article 19(1)(g) and Article 301](https://lawfoyer.in/right-to-trade-commerce-and-intercourse-under-indian-constitution-article-191g-and-article-301/) - Author-Posa Venkata Bhavya, Sri Padmavati Mahila Visva Vidyalayam INTRODUCTION The Indian constitution, through Article 19(1)(g) and Article 301, establishes the rights related to trade, commerce, and intercourse. These rights allow individuals to engage in business and professions of their choice, while also emphasizing the need to adhere to certain restrictions for the overall well-being and balance of these rights. The right to practice a profession is a fundamental right in the Indian constitution. It is important to ensure that those who have the qualifications and capabilities for a job are able to pursue it without being forced out. This is protected by Article 19(1)(g) of the constitution. Additionally, articles 301-307 address the freedom of trade, commerce, and intercourse and any restrictions related to these rights in the constitution of India. Keywords (Minimum 5): Trade, Commerce, Intercourse, Occupation, Fundamental right and Constitution of India. Meaning, Definition & Explanation :- Trade :- Trade involves the exchange of goods for profit, and according to Article 301, it includes any economic activity with a specific purpose and motive. It also requires a balance between exports and imports in a country. Commerce :- The commerce encompasses all modes of transporting goods on a large scale, including air, water, telephone, telegram, and other means. It involves the transportation and communication between individuals, businesses, and nations. Intercourse :- This refers to the movement of goods from one place to another, both commercially and non-commercially. It also involves the exchange and communication between individuals, often described as mutual dealings. Historical Background :- Trade and commerce in a country depend largely on geographical and environmental factors. In India, the rich resources, cultural diversity, and strategic location have made it a prominent player in trade throughout history. The trade routes connecting the west and east have enabled India to establish good relations along the Silk Routes. India's strong economy was evident even before the British era, with trade coins and products being exported globally. The Mauryan era saw development in infrastructure, such as road building and warehouses, which provided security to traders. During the Delhi Sultan period, India further expanded its international trade relations, enhancing social and economic connectivity. Agriculture has long been the backbone of India, with the development of crops like maize and tobacco leading to advancements such as mulberries and seri-culture. India's agriculture was more advanced than Europe's, and industrial development began with spinning, weaving, and manufacturing companies in Bombay exporting cotton and silk to large markets in America, Africa, Asia, and Europe in the 1750s. India's economic growth expanded through trade and commerce, with exports of precious stones, handmade products, and agricultural goods showcasing the country's trustworthiness, resourcefulness, integrity, and unique products that attracted traders from around the world. This led to a significant increase in India's growth. After the East India company established itself in India, the British controlled 2/3 of the country while the remaining 1/3 was ruled by native states through Princesses. Many states had varying degrees of sovereignty but within limits. The main purpose of Article 301 was to eliminate trade barriers and promote the flow of commerce. Between 1947 and 1950, the Princess states were merged and integrated, removing trade barriers across India. Under British rule, Indian markets shifted towards importing goods rather than exporting. India was known for its handmade products and natural resources before the British brought cheap, mass-produced items that quickly found favor with customers. Instead of continuing to take longer to produce the same products by hand, British cheap products began outpacing Indian products. To combat this, India initiated various movements to promote their own products and textiles and to deter the use of British and foreign products. The goal was to increase domestic trade and promote self-sufficiency in India. Additionally, in the 19th century, industries such as iron, steel, paper, and publication saw significant development in India with the implementation of industrial methods. Articles on Trade, Commerce and Intercourse:- Article (19)(1)(g) of the Indian Constitution is a fundamental right that outlines the rights of individuals, including the right to choose any profession or occupation. It is important to note that while this right exists, there are certain restrictions that must be followed. These restrictions should not be random or against the public interest; rather, they should support social values and needs. The freedom to engage in trade is not just about conducting business but also about safeguarding the interests of those involved in the business, as long as it is lawful and does not infringe upon the rights of others. Only citizens have the right to practice any occupation, trade, or business of their choice, as foreign companies do not possess this fundamental right. Citizens can seek legal recourse under Article 19(1)(g) of the Indian constitution if their profession is impeded. Economic unity and stability are vital for a nation's advancement, with free movement and absence of trade barriers elevating the economic standards. Case law :- TMA Pai Foundation Vs. State of Karnataka The case revolves around the right of private educational institutions to independently govern themselves without government interference in their rules, fees, administration, and staff selection. The institutions argue they have established their own self-governing bodies rather than following government directives to uphold their rights under the constitution. The opposing party believes the government should have a say in the operations of educational institutions to ensure fair and ethical management practices that uphold the integrity of the institutions. While private educational institutions may excel in technology, academic standards, innovation, and creativity, it is still necessary for them to adhere to government guidelines. The court emphasized the importance of transparent and merit-based admission criteria, fair fees structure, and the merit-based selection of staff. Educational institutions must also maintain accountability, fairness, and follow regulations to ensure a standardized and regulated system, despite having their own unique approach to teaching. Sukumar Mukherjee vs. state of West Bengal :- In this scenario, teachers employed in the West Bengal medical educational service were not allowed to practice privately. The restriction applied to teacher doctors specifically and not all doctors. Government employees were prohibited from engaging in private practice until they no longer held their government position, whether through suspension or retirement. This rule was in place to ensure that government employees followed the regulations and guidelines set forth by the government, requiring them to focus solely on their government role without engaging in outside work. Article 301 of the Constitution:- Article 301 of India's constitution guarantees freedom of trade, commerce, and communication within the country. This article can be utilized by citizens, non-citizens, or states in cases of discrimination or preference. All states in India should be considered as one when it comes to economic activities to benefit the country's economy. Each state should have equal rights, privileges, and responsibilities when conducting business in India. Additionally, Article 301 includes restrictions to protect public safety and the dignity of the country. This text discusses the importance of Article 301, which ensures the free movement of goods. It specifies that this article cannot be contested in relation to traffic regulations, vehicle licensing, marketing and health regulations, minimum wages, social and economic planning, or admission into educational institutions. Article 301 is a constitutional right that applies to the entire country, unlike Article 19(1)(g), which is a fundamental right specific to individual persons. Case law :- Atiabari Tea Co. Vs State of Assam The tea was taken to Calcutta via the Assam route where the Assam people imposed a tax on the transportation which hindered the free movement of goods, violating Article 301. Therefore, the tax imposed by the Assam people for allowing the goods to reach Calcutta was considered null and void. B.R. Enterprises Vs State of Uttar Pradesh The petitioner argued that the lotteries regulation act 1998, enacted by Uttar Pradesh, contravened Articles 301, 302, and 303 of the Indian Constitution. However, the Supreme Court stated that lotteries are akin to gambling and not a legitimate business based on effort and hard work. Therefore, Uttar Pradesh did not infringe on Article 301 of the Indian constitution. Article 301 of the Constitution outlines three main rules: The promotion of free trade, commerce, and communication within and between states is essential. Regional interests cannot be overlooked. The Union has the power to intervene in cases of crisis that may arise in any part of India. It should be noted that while freedom of trade is important, there are restrictions and regulations in place. For example, when transporting goods on roads or bridges, additional fees may be required at checkpoints along the way. CONCLUSION & COMMENTS :- Trade and commerce have been prevalent in India since ancient times, starting from the Mauryan era, through the British era, and into the present day. Article 301 emphasizes the importance of free movement of trade without any barriers, aiming to unite India's many states into a cohesive national economy. Article 19(1)(g) grants individuals the freedom to choose their occupation, trade, and business. However, this right is subject to certain restrictions that are in place to ensure public safety and protect everyone's rights. If there are any disputes regarding the violation of this right in business or trade, individuals can seek remedy under Article 32 for violation of fundamental rights under Article 19(1)(g). On the other hand, Article 301 does not allow for a writ petition. The restrictions outlined in Article 19(1)(g) are covered under Article 19(6) of the Indian constitution, while those in Article 301 fall under Article 302-307. Books / Commentaries:- The Constitution of India - D.J.DE ( Volume 1and 3) The Constitution of India - MJL's volume 3 The Constitutional Law of India - H.M. Seervai. Online Articles / Sources Referred https://interstatecouncil.gov.in/wp-content/uploads/2015/06/CHAPTERXVIII.pdf https://www.centurylawfirm.in/blog/freedom-of-trade-commerce-and-intercourse-under-the-indian-constitution-1950/ https://blog.ipleaders.in/freedom-trade-commerce-intercourse-articles-301-307-indian-constitution/ https://www.legalserviceindia.com/legal/article-12002-trade-commerce-and-intercourse-arts-301-305-.html https://unacademy.com/content/upsc/study-material/polity/all-about-inter-state-trade-and-commerce/ https://www.clearias.com/inter-state-trade-and-commerce/ Cases Referred TMA Pai Foundation Vs State of Karnataka Sukumar Mukherjee versus state of West Bengal Atiabari Tea Co. Vs State of Assam B.R. Enterprises Vs State of Uttar Pradesh State of Bombay Vs R.M.D. Chamarbaugwalla Statutes Referred The Constitution of India - [RAPE](https://lawfoyer.in/rape/) - Author-Vartika Tripathi, Amity University, Lucknow ABSTRACT We have come a long way with are achivements building technology , reaching to moon and many more but still failing at the safety of our women and providing them a free and safe environment . you can add many reasons when you hear about a rape on news channels through social media , newspapers and people around you ( society can add many reasons for a rape attempted against a women may be “ she was wearing a short dresses” or “going late at night” but what would be the answer for a rape against a 6 months old child , a 6 year old girl going to school, a 12 year old girl being at her home , a women going to a movie with her boyfriend and a 75 year old lady being at her home , and sometimes it can be your family member and just day before I am writing this heard about a gangrape against a women who came to see a different country and explore but later the trip made everything go change . Rape is the most comman and heinous crime perpetuated against a women . The national crime records bureau (NCRB) reports shows that a women is raped in every 16 minutes the cases get increased by 4 % every year 32,033 rapes cases were registered across the country and an average of 88 cases daily are being registered . These are just the number , there are many cases which doesn’t come into light . Keywords – rape , criminal law , psychological effects , reasons etc . INTRODUCTION RAPE – ITS MEANING- “ as per Section 375 in The Indian Penal Code, 1860 defines rape as that if a man is said to commit "rape" if he— (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b)inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c)manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d)applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person,under the circumstances falling under any of the following seven descriptions:— (First.)— Against her will. (Secondly.) — Without her consent. (Thirdly.) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt Fourthly.) — With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. (Fifthly.) — With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. (Sixthly.) — With or without her consent, when she is under eighteen years of age. (Seventhly.) — When she is unable to communicate consent. Explanation 1.— For the purposes of this section, "vagina" shall also include labia majora Explanation 2.— Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exception 1.— A medical procedure or intervention shall not constitute rape. Exception 2.— Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.” BHANWARI DEVI CASE 1992 According to Bhanwari Devi, at 6 pm on 22 September 1992, while she and her husband were working in their field, five men of her village attacked her husband Mohan Lal, leaving him unconscious. The five men whom she named were: Ram Karan, Ram Sukh, Gyarsa, Badri and Shravan Sharma. When she came to her husband's rescue, she said, Gyarsa and Badri raped her, while the other three pinned her down on the ground. Bhanwari reported the incident to Rasila Sharma, the pracheta (block-level worker), who took her to the Bassi police station to lodge a First Information Report (FIR). The FIR was lodged after surmounting police scepticism and indifference, a phenomenon several rape complainants have faced in the Indian context. JUGDEMENT Five judges were changed, and it was the sixth judge who ruled that the accused were not guilty, stating inter alia that Bhanwari's husband couldn't have passively watched his wife being gang-raped. The judge infamously stated, “Since the offenders were upper-caste men and included a brahmin, the rape could not have taken place because Bhanwari was from a lower caste.” A state MLA organised a victory rally in the state capital Jaipur for the five accused declared not guilty, and the women's wing of his political party attended the rally to call Bhanwari a liar.The State Government decided to appeal against the judgment. The judgement led to a nationwide campaign for justice for Bhanwari Devi. However, by 2007, 15 years after the incident, the Rajasthan High Court held only one hearing on the case and two of the accused were dead. THE NIRBHAYA CASE A 23-year-old medical student was returning after a movie with her friend and took a bus. On the bus, she was gang-raped by six people and was brutally assaulted. After the rape, she along with her friend were thrown out of the bus naked. The girl died later . Judgment In this case, the Supreme The court awarded death penalty to four of the accused among six. One of them being a juvenile was convicted by the Juvenile Justice Board and sent to the correctional home. The other one committed suicide before the judgment was delivered. After this case, the need to amend certain provisions of Section 375 was felt so the Criminal Law (Amendment) Act, 2013 was brought into effect. Under the newly amended section, the punishment of rape is at least seven years which may extend to life imprisonment. Any man who is a police officer, medical officer, public officer, or public servant may be imprisoned for at least 10 years if commits rape. Where rape leads to the death of the victim or entered into a vegetative state the punishment of life imprisonment extending to death has been prescribed. The punishment for gang rape is at least 10 years. THE KATHUA RAPE CASE 2018 6 of the 7 men accused in the 2018 rape and murder of an 8-year-old girl in Kathua, J&K were convicted by a special court in Pathankot, Punjab. The case involves an 8-year-old girl from Kathua, J&K who was abducted, drugged, raped and killed. Notably, the deceased is a Muslim girl and the accused are Hindus, which has made it an issue of communal politics. The formation of a group called the Hindu Ekta Manch in support of those arrested added to this. Also, the role played by members of the Bharatiya Janata Party, including two Ministers in the then J&K government, had added to the communal politics. The case was thus transferred from J&K to Punjab by the Supreme Court for a fair trial. JUDGEMENT Six of the seven men accused in the case were convicted. Three of the men got life term, and the other three got five-year imprisonment. The court sentenced to life imprisonment the mastermind, Sanji Ram, a retired government official and priest of the temple where the crime took place ii. special police officer Deepak Khajuria iii. Ram’s nephew Parvesh Kumar Special Police Officer (SPO) Surender Verma, head constable Tilak Raj, and sub-inspector Anand Dutta were awarded 5 years in prison for destroying evidence. The court acquitted the seventh accused, Vishal son of Sanji Ram, giving him the “benefit of doubt”. The crime branch filed the charge sheet against 8 persons, including a 'juvenile'. While the time , place , and age of the victims vary across these three cases one thing remains constant that is the act of rape and the perpetrators mindset . A sexual assaulter can be any kind of person . There isn’t one specific type who commits such kinds of crime . These men have diverse backgrounds , social status , different personalities and mentalities. What can actually be the motive behind them engaging in these kinds of act is the question which can't be answered easily. Punishments according to law Indian penal code section 376 (1) states about the punishment for rape “Indian penal code section 376 (2) states that if the persons in authority commit rape, they will also be liable to the same punishment. Indian penal code section 376 (3) states that if any person rapes a woman under the age of 16 years , he will be liable to be punished for twenty years, which may extend to Life Imprisonment” But as far as I see I observe few points which can be reasons Lack of education ( the basic learning of morals , values and ethics ) A lack of empathy Toxic masculinity (patriarchal conceptions of men control over women bodies ) Hostility towards women ( seeing women as sex object ) Sexual trauma Westernizations Society environment Sex education Gender gap ( in india if a women sits with a boy or if they sit together it is perceived in a inappropriate way and the intention of it is misjudged ) Misperceptions about women (“if she is wearing a short dress then definitely that means she wants sex”) but one similar view can also be like that if the women is walking alone at night , going to pubs getting drunk can be triggering point and a provoking step ) But then what about a rape against a 6 month old newborn ? does even clothes matter . Attitudes towards law – the increase in the rape and crime against women the law against the culprits comes with several loop holes the court takes years to decide the punishment for a rapist which is evident The change of escaping from the crime is high .this motivates them to do the crime. The psychological aspects a women survivor faces In Most of the cases the rapist makes sures that the women does not stay alive they make her condition worst as they can but if my luck she survives it gives her . A life time trauma, low self esteem , suicidal thoughts , self blame ,hatred etc. Conclusion There is a thought which prevails in the society that is “ I am powerful so I am right”. Which comes from the patriarchal society and still is prevailing . This toxic masculinity harms men , men and women are only different in terms of there physical and biological behavaiours The ability to love ,care be responsible is same We always feel that toxic masculinity only harms a women but greatly it harms and affects the man . Hence toxic masculinity which is in today’s generation being glamorised can be a main reason towards the growing rates of crime “Power benefits but humanity loses” Once in a interview , activist kamla bhasin said “when she got raped ,people said I lost my honour .. but how did I lose my honour ? my honour is not my vagina .. which makes me think that How come this society sets parameter that if a girl is being raped her identity is lost , and that rape will define the honour of the community . It’s the rapist who’s indentity gets lost and his honour . The courts and laws need to get more strict and provide death sentence to such convicts in order to make the graph go down . the task of law agencies should get more responsible The legislature has to make any and every amendments if the rape laws are to be any deternce . Women have to be more strong and responsible,have to come forward and fight The education of both men and women get more and more to understand the both good and bad and what is actually right and wrong . “ tell your story to someone or to yourself. The more you tell it the less pain you feel” References www.indiankannon www.google.in Indian penal code - [CONDUCT OF ARBITRAL PROCEEDINGS](https://lawfoyer.in/conduct-of-arbitral-proceedings/) - Author-Rishita Khare, Rani Durgavati Vishwavidyalaya, Jabalpur INTRODUCTION Alternative Dispute Resolution mechanisms are becoming a more popular choice for parties, especially for commercial disputes. In India, these concepts are not new. This process had been practised traditionally by village councils. The Britishers created the Indian Arbitration Act of 1940. After independence, The Arbitration and Conciliation Act, 1996 was enacted to ensure speedy, flexible and efficient dispute resolution. This not only provides a less complicated procedure but also ensures expertise in giving decisions which could not be attained in traditional ligation. Keywords (Minimum 5): Arbitration, Conduct of Arbitration proceedings, Arbitration Procedure, Alternative Dispute Resolution (ADR), Arbitral Tribunal Meaning of Arbitration According to Section 2(1)(a) of the Arbitration and Conciliation Act, “arbitration means any arbitration whether or not administered by permanent arbitral institution.”[1] According to Halsbury—Arbitration means "the reference of dispute or difference between not less than two parties, for determination, after hearing both sides in a judicial manner, by a person or persons other than a Court of competent jurisdiction."[2] Arbitration is generally preferred over traditional court litigation. Parties agree to resolve disputes with a neutral third party in arbitration. Its decisions are binding and equivalent to the court judgments. It is regulated and enforced by the courts. Awards from arbitration can be challenged only under certain conditions. Arbitration and Conciliation Act, 1996 The Arbitration and Conciliation Act, 1996 is a modern as well as a comprehensive enactment based on the UNCITRAL Model Law and Rules. It covers both domestic and international arbitration in India. The Act reduces court intervention in arbitration processes, allowing parties to choose laws, venues, and arbitrators freely. It mandates the tribunal to justify its awards and stay within its jurisdiction which did not exist in the previous laws of 1940. The Act requires the arbitral tribunal to provide reasons for its award and allows for the use of mediation and conciliation to settle disputes. Settlement agreements through conciliation have the same status as arbitral awards under this Act which is an improvement from the previous laws which lacked such options and flexibility. This act also allows the process of conciliation and mediation along with the arbitration process to settle disputes. This has made the settlement of disputes in India at par with global standards. Kinds of Arbitration The Arbitration and Conciliation Act provides 7 different kinds of arbitration. Ad-hoc arbitration occurs when parties in a commercial transaction seek arbitration without prior agreement or involvement of a specific institution. Institutional arbitration involves parties with a prior agreement to resolve disputes through a named institution. Contractual arbitration includes an arbitration clause in any of its commercial agreements for dispute resolution. Statutory arbitration is one which is mandatory and binding by law. Domestic arbitration takes place within India under Indian law. International arbitration involves a foreign element and can be governed by foreign or Indian law. Foreign arbitration is conducted outside India, which results in any foreign award needing enforcement in India. Each type of arbitration has its own unique process and rules, with parties agreeing to the terms based on their specific situation and requirements.[3] Principles involved in the Conduct of arbitration proceedings Arbitration proceedings are guided by key principles: Independence, Impartiality, and Objectivity of arbitrators Party Autonomy in setting arbitration rules Equal Treatment for all parties Confidentiality in dispute resolution Finality of Awards. CHAPTER 5- CONDUCT OF ARBITRAL PROCEEDINGS SECTION 18- EQUAL TREATMENT OF PARTIES According to section 18. “The parties shall be treated with equality and each party shall be given a full opportunity to present this case.” The principle of “the audi alteram partem rule which means ‘hear the other side’” is to be followed.[4] The principles of natural justice must be followed to conduct a fair procedure. These emphasize that a person cannot be a judge in their own case, and a person's defence must always be heard impartially. Even if the arbitrator is not bound by technical rules of procedure, it still cannot ignore principles of natural justice. Hence arbitrators must be impartial and unbiased. They have a binding obligation to ensure a fair trial in arbitration proceedings, going beyond just treating parties equally. Fair trial includes giving each party a reasonable chance to present their case. Parties must be aware of the evidence presented and given a chance to defend themselves against it. If any of the parties was not properly notified of the appointment of the arbitrator or arbitration proceedings an award from such a proceeding may be set aside per Section 34(2)(a)(ii) of the act. [5] SECTION 19- DETERMINATION OF RULES OF PROCEDURE Section 19 says that-“The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872)” Constraining the arbitral proceedings by the rigidity of the Evidence Act or the CPC is not the legislative intent of this act. Parties have the freedom to set rules for arbitration proceedings and allows them to customize it to their needs The arbitral tribunal has discretionary powers to determine the proceedings if they do not agree. This flexibility in choosing procedural rules is an appealing factor for parties that are considering arbitration for dispute resolution as held in Henry Sotheran Ltd. v. Norwich Union Life Assurance Society.[6] Section 19(4) of the Act gives the tribunal the discretion to conduct proceedings as it sees fit, including deciding on the admissibility, relevance, materiality, and weight of any evidence as held in Steel Authority of India Ltd. vs. Salzgitter Mannesmann international GMBH.[7] In Punjab State Industrial Development Corporation Ltd., vs. Sunil K. Kansal[8] it was held that while recording the evidence in a case the tribunal is not bound by the Indian Evidence Act. It can use a fair, equitable, and reasonable procedure. If evidence is needed, parties can submit affidavits and allow cross-examination of deponents on such affidavits. If no procedure is agreed upon, the Act's provisions apply to the proceedings. SECTION 20- PLACE OF ARBITRATION The place of arbitration is crucial as it determines the applicable laws for the arbitral process. Parties can choose the place of arbitration, and institutional rules may designate the seat of arbitration as well according to the convenience of the parties. The seat and place of arbitration differ: the place is the physical location, while the seat determines legal jurisdiction, governing law, and supervisory courts. Thus, the seat of the arbitration does not change even if the place of arbitration is changed. The place of arbitration has to be decided as per the terms of the contract.[9] In Enercon (India) Limited and others v. Enercon GMBH and another it held that “The Supreme Court held that “the location of the seat will determine the courts that will have exclusive jurisdiction to oversee the arbitration proceedings. It was further held that the seat normally carries with it the choice of that country’s arbitration law”[10] SECTION 21- COMMENCEMENT OF ARBITRAL PROCEEDINGS According to Section 21, the arbitration process commences when the respondent receives a formal request to arbitrate that dispute unless agreed otherwise.[11] This means that if there is a disagreement between parties the process begins once the party being sought for arbitration receives a request. The request for arbitration does not have to be explicitly written; it can also be implied through the parties' conduct. However, the notice or request must be sufficient to prompt the other party to take action. Failure to receive or recognize this notice as a formal request for arbitration will prevent the commencement of arbitration proceedings. This principle was emphasized in the Nea Agrex SA vs. Baltic Shipping Co. Ltd. (1976) case, where the first notice demanding arbitration was deemed crucial in invoking Section 21.[12] It is important to determine the date of receipt, as outlined in Section 3 of the Act, which details how written communication is considered received. The commencement date plays a significant role in calculating time limits and adhering to time-bar clauses within arbitration agreements. The request for arbitration must clearly outline the dispute, initiating the formal arbitration proceedings. Ultimately, Section 21 ensures that arbitration proceedings officially start upon the respondent receiving a clear request, paving the way for resolution. The limitation for a counter-claim must adhere strictly to Section 43(1) of the Act with Section 3(2)(b) of the Limitation Act, 1963 as decided in Voltas Limited vs. Rolta India Limited. The date for figuring out the limitation period is when the arbitration request is made, especially when the respondent initiates the process and raises counterclaims.[13] SECTION 22- LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS “This section provides that parties can mutually agree on the language to be used in arbitration proceedings.” The arbitral tribunal shall decide the language to be used if no agreement is reached by the parties. All written submissions, hearings, awards, decisions, and all other communications from the tribunal will be affected accordingly in a dispute. The tribunal may also order the translation of documents into the agreed language. The tribunal must ensure impartiality and fairness in language determinations to guarantee understanding and fairness for all parties involved in the proceedings. SECTION 23- STATEMENT OF CLAIM AND DEFENCE Under Section 23 the claimant is required to submit a statement of claim with supporting facts, points at issue, and relief sought within the agreed timeframe. The respondent must then file a statement of defence addressing each claim and may provide additional information. Both parties can submit relevant documents with their statements or refer to them later. Parties can amend their pleadings unless rejected by the tribunal for causing delay in proceedings. The procedure allows for flexibility in timing and elements of pleadings, enabling parties to adopt rules from arbitral institutions or civil procedure codes. After the tribunal is established, parties exchange and file their pleadings to present their case and respond to each other's claims, ensuring a fair and transparent arbitration process.[14] The failure of a claimant to file a statement of claim within the specified time may result in the termination of proceedings by the arbitral tribunal, as per Section 25(a) of the 1996 Act. However, if the claimant provides a valid reason for the delay, the proceedings need not be terminated.[15] SECTION 24- HEARINGS AND WRITTEN PROCEEDINGS Section 24 of the Act, 1996 covers the conduct of hearings and written proceedings in arbitration. The arbitral tribunal decides whether oral hearings are necessary, but must hold them upon request unless agreed otherwise. The notice of hearings and meetings must be given to parties in advance and communication of statements and documents is required. Evidence can be presented in various forms, following guidelines from the Indian Evidence Act, 1872. Fair trial principles are emphasized throughout the process to ensure transparency and communication between parties and the tribunal. Overall, Section 24 aims to facilitate fair arbitration proceedings with opportunities for oral hearings, document inspections, and effective communication, guided by the principles of fairness and equity outlined in the Indian Evidence Act and the Arbitration and Conciliation Act.[16] In litigation, facts are proven through witness testimony and documentary evidence. In arbitrations, evidence is primarily presented through documents, which is considered more efficient. Documents not in the arbitration language require translations agreed upon by both parties. Witness evidence is usually taken under the arbitrator's direction, but written affidavits may be accepted to save time. Witnesses must speak to facts, not opinions. The arbitral tribunal has wide powers, including inspecting the subject matter and determining the admissibility of evidence. The burden of proof lies on the party wishing to present evidence, particularly if the fact is within their knowledge.[17] Application of production of documents and order passed therein by the arbitrator there cannot be interfered by the High Court by way of writ when alternative remedy is provided under Section 37 as held in Radiant Info Systems Ltd. vs. Karnataka SRTC Ltd.[18] SECTION 25-DEFAULT OF A PARTY Section 25 says that if the claimant fails to submit their statement of claim on time, then the tribunal can end the proceedings. Whereas, if the respondent fails to submit their statement of defence, the tribunal can still proceed without assuming that the allegations are true. If either party does not attend a hearing or provide evidence, the tribunal can still make an award based on existing evidence. Section 25 also outlines the repercussions of failing to do so without a valid excuse, promoting fairness and efficiency in the process.[19] After pleadings are completed, parties must present documentary evidence. If a party fails to appear at an oral hearing or provide evidence without cause, Section 25(c) allows the arbitral tribunal to proceed and make a decision based on existing evidence. This was seen in M/s. Auto Craft Engineers vs. Akshar Automobiles Agencies Pvt. Ltd.[20], decided by the Bombay High Court. SECTION 26- EXPERT APPOINTMENT BY ARBITRAL TRIBUNAL Section 26 of the Act allows the arbitral tribunal to appoint experts to help with technical issues. The arbitral tribunal can appoint one or more experts as per need since they are experts in specific fields. Experts can be asked to report on specific issues determined by the tribunal, with parties providing necessary information or access to documents, goods, or property. This helps the tribunal make informed decisions. The appointed expert may participate in an oral hearing if requested by a party or deemed necessary by the tribunal, and parties can question the expert and present their own expert witnesses. The expert must make all relevant information available upon request. Hence, this section enables the tribunal to get technical assistance through expert appointments, ensuring a fair consideration of technical matters in arbitration proceedings.[21] SECTION 27- COURT ASSISTANCE IN TAKING EVIDENCE “Section 27 allows the arbitral tribunal or a party, with the tribunal’s approval, to seek court assistance in obtaining evidence.” The application to the court must detail the parties' names, claim nature, relief sought, and required evidence. The court can issue processes for evidence provision, penalizing witnesses for non-compliance. Processes" include summons and commissions for witness examination and document production. This section allows parties to ensure a fair arbitration process by involving the court in obtaining necessary testimony and documents for dispute resolution. Since it is the court only which can issue them. Non-compliance or contempt towards the tribunal may lead to consequences. Court assistance can be requested for recording evidence, with details like parties' names and claim nature required. While the court can assist in recording evidence, it cannot directly order production. If the arbitrator denies the court approach, objections can be filed under Section 34.[22] CONCLUSION & COMMENTS The Arbitration proceedings in the above act are driven by providing greater autonomy to the parties as well as allowing them to decide procedural aspects. This includes selecting the applicable laws, the place of arbitration and the language used to be used. The Arbitration and Conciliation Act of 1996 in India restricts judicial interference in arbitration which further emphasizes autonomy, confidentiality, and efficient dispute resolution. It empowers parties to customize the arbitration process to meet their unique requirements, promoting a more adaptable and effective resolution method beyond traditional legal modes of litigation. REFERENCES Books / Commentaries / Journals Referred Sc Tripathi, Arbitration and Conciliation Act, 1996 (6th ed. Central Law Publications, 2012) The Arbitration and Conciliation Act, 1996 (Prepared by Chandrashekhar U, Senior Faculty Member, Karnataka Judicial Academy) (30.06.2022) Online Articles / Sources Referred Manupatra- Chapter 5 Conduct of Arbitration Proceedings http://student.manupatra.com/Academic/Abk/Arbitration-and-ADR/CHAPTER-5.htm Garg R and Law L, “Live Law” (Live Law, October 3, 2022) Parina Katyal, Order Passed by The Arbitrator Allowing Meetings As Per Convenience Of Parties, Would Not Change The Seat Of Arbitration: Delhi High Court, Live Law, 7 June 2022 2:00 PM, https://www.livelaw.in/news-updates/delhi-high-court-justice-v-kameswar-rao-arbitration-and-conciliation-act-arbitrator-ongc-201044?infinitescroll=1 Priyanshi Bhageria Arbitral Tribunal’s Power To Recall: A Hasty Judicial Creation?RMLNLU Arbitration Law Blog https://www.indiacode.nic.in/ https://indiankanoon.org/ Cases Referred Henry Sotheran Ltd. v. Norwich Union Life Assurance Society. [1992] ADRLJ 245 Authority of India Ltd. vs. Salzgitter Mannesmann international GMBH. 2012 (2) Arb LR 296 (Delhi). Punjab State Industrial Development Corporation Ltd., vs. Sunil K. Kansal2013 (1) Arb LR 327 (P&H) (DB) Enercon (India) Limited and others v. Enercon GMBH and another (2014) 5 SCC 1 Nea Agrex SA vs. Baltic Shipping Co. Ltd. (1976) [1976] 2 All ER 842 Voltas Limited vs. Rolta India Limited (2014) 4 SCC 516: 2014 (1) Arb LR 343 (SC): AIR 2014 SC 1772.) Bharat Heavy Electricals Ltd. vs. Jyothi Turbopower Services P. Ltd., 2017 (1) Arb LR 289 (Mad) (DB): (2016) 4 CTC 1 Radiant Info Systems Ltd. vs. Karnataka SRTC Ltd. (2018) SCC Online Kar 1209 M/s. Auto Craft Engineers vs. Akshar Automobiles Agencies Pvt. Ltd Arbitration Petition Nos. 556/2014 & 680/2014 Statutes Referred Arbitration and Conciliation Act, 1996 [1] Arbitration and Conciliation Act, 1996 [2] DR. SC TRIPATHI, ARBITRATION AND CONCILIATION ACT, 1996 (6TH ed. CENTRAL LAW PUBLICATIONS, 2012) [3] DR. SC TRIPATHI, ARBITRATION AND CONCILIATION ACT, 1996 (6TH ed. CENTRAL LAW PUBLICATIONS, 2012) [4] https://kjablr.kar.nic.in/assets/articles/Arbitration%20and%20Conciliation%20Act,%201996.pdf [5] https://kjablr.kar.nic.in/assets/articles/Arbitration%20and%20Conciliation%20Act,%201996.pdf [6] [1992] ADRLJ 245 [7] 2012 (2) Arb LR 296 (Delhi). [8] 2013 (1) Arb LR 327 (P&H) (DB) [9] Parina Katyal, Order Passed by The Arbitrator Allowing Meetings As Per Convenience Of Parties, Would Not Change The Seat Of Arbitration: Delhi High Court, Live Law, 7 June 2022 2:00 PM, [10] (2014) 5 SCC 1 [11] Garg R and Law L, “Live Law” (Live Law, October 3, 2022) [12] [1976] 2 All ER 842 [13] Voltas Limited vs. Rolta India Limited. (2014) 4 SCC 516: 2014 (1) Arb LR 343 (SC): AIR 2014 SC 1772.) [14] https://indiankanoon.org/doc/1460737/ [15] Bharat Heavy Electricals Ltd. vs. Jyothi Turbopower Services P. Ltd., 2017 (1) Arb LR 289 (Mad) (DB): (2016) 4 CTC 1 [16] https://indiankanoon.org/doc/569211/ [17] https://kjablr.kar.nic.in/assets/articles/Arbitration%20and%20Conciliation%20Act,%201996.pdf [18] 2018 SCC Online Kar 1209 [19] Law VAPBSFEIA, “Arbitral Tribunal’s Power to Recall: A Hasty Judicial Creation?” (RMLNLU Arbitration Law Blog, May 24, 2023) [20] Arbitration Petition Nos. 556/2014 & 680/2014 [21] https://indiankanoon.org/doc/1752162/ [22]“Arbitration and ADR - Chapter 5 - Conduct of Arbitral Proceedings” - [Accident as defence under Law of torts: Meaning, Principles and Cases](https://lawfoyer.in/accident-as-defence-under-law-of-torts-meaning-principles-and-cases/) - Author-Shruti Mayur, Amity University INTRODUCTION Tort is a wrongful act for which the defendant gives the compensation to the individual who have suffered harm or injury due to his/her actions. According to Salmond, “Tort is a civil wrong for which the remedy is common law action for unliquidated damages and which is not exclusively the breach of contract or the breach of a trust or other merely equitable obligation.” The word ‘tort’ derives from the Latin word ‘Tortum’ which means to twist. It is a violation of right in rem leading to legal injury and redressable by unliquidated damages. If a plaintiff sues a defendant for a specific wrongful act, providing the existence of all the essentials of that act as a tort, the defendant will be held liable. However, there are certain situations where the defendant can escape from his liability by taking the defences available. There are many defences in the law of tort which are categorized further in two parts i.e. General defences and Specific defences. Some of the general defences available for the tort are: Volenti non fit injuria Plaintiff, the wrongdoer Inevitable accident Act of God Private Defence Mistake Necessity Statutory Authority This article deals with the topic of an accident as defence under the law of tort in detail. Keywords: Tort law, Defences, Unavoidable, Inevitable accident, Liability. Meaning and Definition An accident can be defined as an unforeseen incident, often sudden and unintentional event, that results in harm or injury to people property and the environment and may entitle the affected party to legal compensation, even if caused by carelessness lack of knowledge or a combination of factors. When the accident is an unforeseeable and unavoidable incident that results in harm then it is known as inevitable accident in the law of tort and used as defence by the defendant for which he is not held liable. It is a specific defence strategy used to completely absolve the defendant of responsibility for the accident’s consequences. Sir Federick Pollock defined accident as an inevitable accident “not avoidable by any such precautions as a reasonable man, doing such an act then there, could be expected to take.” Types of an accident: The very first thought that comes to mind after hearing the word “accident” is a road accident. But there are many types of accidents such as: Motor vehicle accident Mechanical failure Pedestrian injury accident Workplace accident Fire safety accidents Collisions Falling Medical malpractice Repetitive stress injuries Slip and fall injuries etc. Nature of an accident: Causes: - Accidents can be caused by various factors such as: Human error – It is the leading cause of accidents, often stemming from factors like negligence, recklessness, distracted behaviours and a lack of situational awareness. Mechanical failure - Such as malfunctions, defects, or improper maintenance in vehicles, machinery and other equipment is another significant contributor to accidents. Environmental factors- It includes natural disasters, adverse weather conditions and unsafe environments which can significantly increase the risk of accidents. Unforeseen events- Events such as sudden medical emergencies or unpredictable animal behaviour can sometimes trigger accidents even when beyond human control. Foreseeability: - Foreseeable- These accidents are potentially foreseeable and preventable with the exercise of proper care and the implementation of appropriate safety measures. Unforeseeable- These accidents constitute truly unforeseeable events which are impossible to anticipate under the unique circumstances. Intentionality: - Unintentional- These events occur in an unintentional manner, devoid of any premeditation or intent to inflict harm. Rarely intentional-In rare instances, accidents may stem from deliberate actions, often falling within the purview of criminal law rather than tort law. Outcome: - Property damage- This involves damage to vehicles, buildings, or other belongings. Personal injury- This involves injuries ranging from minor to life threatening or fatal consequences. Emotional distress- Accidents can cause psychological trauma and emotional suffering. Financial loss-This can include medical bills, lost wages, and other costs associated with the accident. Legal Implications: - Depending upon the nature of the accident, various legal considerations may arise, including: - Tort law- This legal domain focuses on resolving claims for compensation arising from injuries or losses caused by the negligence or misconduct of others Criminal law- In certain cases, criminal charges may be brought if the accident involved intentional acts or gross negligence. For the defendant to use the accident as defence i.e., inevitable accident which is general defence in the law of tort, it is necessary to show the nature of the accident. Inevitable accident means the unavoidable accident that is harm or injury caused due to the unforeseeable circumstances and was not preventable. For example- If a man was driving a car and he was all in his senses and took all due care, but suddenly due to mechanical part failure his car loses his balance and hits a passer-by. In this case, a man would not be held liable as he took all precautions from his side. The accident was unavoidable. Sam was driving a car with all the reasonable care from his part. Suddenly due to heavy rain and storm the road collapsed and Sam’s car hit many pedestrians. Here also Sam would not be held liable as it was completely out of his hand. Types of Inevitable Accident: Inevitable accident may be classified into two categories: - Accidents which are caused by the elementary forces of nature apart from human agency or other causes. The term “Act of God” is used to describe such acts. Accidents which are entirely or partially the outcome of human agency, whether by the acts of commission or omission, misdeeds, or inactions or through any other causes unrelated to the action of natural agencies. Principles/Essential of Inevitable accident: Unforeseeable- The accident must be impossible to predict or anticipate, beyond human control. Unavoidable- The accident could not have been prevented even with the reasonable care and safety measures. The defendant can argue that he exercised all reasonable care to avoid the accident, regardless of its ultimate outcome. No alternative action- The defendant, acting reasonably, had no alternative course of action available that could have prevented the accident. Exceptions to Inevitable Accident: The defence of inevitable accident is inapplicable to: - Intentional torts - The wrongful acts such as assault, battery trespass are committed deliberately. In these acts intent is a key element, so the concept of an unavoidable accident or inevitable accident does not apply and the plaintiff bears burden of proof. Strict/Absolute Liability- The defence of inevitable accident is not applicable as the liability arises regardless of negligence, carelessness, intent to do the act, knowledge of the act and so on due to the inherently risky nature of the activity. Ex- keeping dangerous animals, engaging in abnormally dangerous activities like storing explosives or operating nuclear power plant. This doctrine was established in the case of M.C Mehta v. Union of India. Negligence- The defence of inevitable accident is inadmissible in negligence proceedings as the burden of proof lies with the plaintiff. Landmark cases: In the case, Holmes v. Mather, a runway horse incident on a public road caused an injury. The defendant’s servant, who was leading the horses, lost control of them when a dog barked. Despite the servant’s best efforts, the horses bolted and struck the plaintiff, causing serious harm. So, the court ruled that the accident was unavoidable or inevitable and the defendant was not held liable. In the case, Stanley v. Powell, the plaintiff and defendant were shooting members who went for a pheasant shooting party. The defendant aimed the gun to shoot at a pheasant, but the bullet was ricocheted by an oak tree and struck the plaintiff, who got injured. The plaintiff filed the case wherein the defendant argued and took the defence of inevitable accident. The court agreed, finding the defendant could not have predicted the bullets ricochet and the plaintiff’s injury. In the case, Brown v. Kendall, both Brown, the plaintiff and Kendall, the defendant owned dogs that got into a fight. Kendall tried to break them up by swinging a large stick. Brown who had been keeping his distance, walked behind Kendall as the dogs moved away. Unfortunately, Kendall didn't see brown and accidentally struck him in the eye with the stick during his swing, causing serious injuries. Brown sued Kendall for assault and battery to which court held that it was purely an inevitable accident and dismissed the case. In the case of Fardon v. Harcourt-Rivington, the defendant left a dog unattended inside a parked car. Despite the dog’s initial quiet demeanor, it became agitated and ultimately shattered a car window. Unfortunately, a passerby, the plaintiff, was struck in the eye by a shard of glass from the broken window and subsequently filed a lawsuit against the defendant seeking compensation for the injury. Lord Dunedin, however, ruled in favor of the defendant, finding them not liable for accident. His reasoning centered on the concept of remoteness and foreseeability. He stated that while individuals hold a responsibility to guard against reasonably anticipated dangers, they are not obligated to foresee and prevent entirely improbable occurrences. In this specific case, the court deemed the dog’s actions and the resulting injury to be so unlikely that they did not constitute a foreseeable danger. He further emphasized this distinction by declaring, “People must guard against reasonable probabilities, but they are not bound against fantastic probabilities.” In the case, Padmavati v. Dugganaika, two strangers accepted a ride in a Jeep. Tragically, during the journey, a critical malfunction occurred. A bolt securing the right front wheel to the axle became dislodged. this critical failure caused the jeep to loose control and overturn, resulting in severe injuries to both passengers, with one sadly succumbing to their wounds. The plaintiff’s, likely relatives of the deceased and injured passengers, filed a lawsuit against the driver and owner of the jeep, seeking compensation for the injuries incurred. However, the court ultimately ruled in favor of the defendants. The court’s reasoning centered on the nature of the accident, which they classified as a sheer accident. In simpler terms, the court determined that the event was entirely unforeseen and unavoidable. Critically, the defect that caused the accident, the loose bolt, was not reasonably detectable through standard maintenance procedures. Therefore, the court concluded that the driver and owner exhibited no negligence. Since they could not have foreseen or prevented the failure that caused the accident, they were not held liable for the unfortunate outcome. CONCLUSION In tort law, accident can be used as defence i.e. inevitable accident by proving the nature of an accident. The defendant can escape from his liability if the nature of the accident caused by him was unforeseeable, unintentional that could not be avoided despite all reasonable care by the defendant. Thus, the inevitable accident is significant defence in the law of tort which involves accidents that could not have been prevented by the parties although there was an exercise of reasonable care, caution, and skill. It is also known as unavoidable accident defence. REFERENCES Books / Commentaries / Journals Referred R. K Bangia, Law of Torts (Allahabad Law Agency 2023) Online Articles / Sources Referred https://lawcorner.in/inevitable-accident-in-tort/#Types_of_Inevitable_Accident_in_Tort https://lawessential.com/miscellaneous/f/inevitable-accidents-in-law-of-torts?blogcategory=Miscellaneous#:~:text=Holmes%20v.,efforts%2C%20they%20injured%20the%20plaintiff. https://lawbhoomi.com/inevitable-accident/ manupatra.com https://gemini.google.com/app Cases Referred Holmes v. Mather, (1875) LR 10 Stanley v. Powell, 1 QB 86 (1891 Brown v. Kendall,60 Mass.292 (1850) Fardon v. Harcourt-Rivington, (1932) 146 Lt 391 Padmavati v. Dugganaika (1975) - [SALE UNDER TRANSFER OF PROPERTY ACT: PROVISIONS, ESSENTIAL PRINCIPLE AND CASES](https://lawfoyer.in/sale-under-transfer-of-property-act-provisions-essential-principle-and-cases/) - Author-Rituparna Panda, Birla Global University Bhubneswar INTRODUCTION The integral component of Indian Property Law is the Transfer of Property Act 1882. It supervises the transfer of ownership of immovable property by various means which includes sale. According to the Transfer of Property Act Sale succinctly means “Transfer of ownership in exchange for a price paid or promised, or part paid or part promised”[1]. If we bifurcate this definition, it highlights the three substantial elements of sale i.e., Transfer of ownership which means the person who sells the property voluntarily yields over the ownership of the said property to the purchaser, Second element that this definition put lights on is Price as the transfer is done some monetary value is received in return. Lastly it concentrates on the payment terms which says that the price of the purchase can be settled as a whole, in instalments, or can be partially paid with a remainder pledged for later. Following each sale, the buyer receives full ownership rights to the property as specified in the 'selling agreement'. Ideally, every sale is registered with the sub-registrar's office. A verbal contract is legal alongside the written contract, albeit it is not recommended. Stamp duty is incurred on each selling transaction, based on the selling price or sale value of the property. Keywords (Minimum 5): Transfer of Property Act, 1882 (TPA), Sale of immovable property, Ownership transfer, Consideration (price), Registration of sale deed. Historical Background / Evolution Prior to the implementation of TPA 1882, property transfer in India was done in a very complicated procedure- Personal Laws- As we know India is called the ‘Land of Diversity’, having various religious community like Hindu and Muslim and they having their own personal laws and rules regarding the transfer of property resulting in discrepancies and lack of standardization throughout the country. Civil Procedure Code 1859- This code offered a primitive foundation for carrying out the court rulings which at a time involved property transfers. However, it somehow lacked behind in framing the regulations that will govern sales transaction. Indian Contract Act 1872- This act was established to govern the principles of contract law, which also has some rules and regulations utilised for sale agreement to some extent. However it did not covered the specifics of property transfer. This decentralised legal system led to ambiguity and discrepancies, making it challenging for the buyers and sellers to foresee the transaction outcomes. This resulted in a lot of disagreements ultimately leading to limitless lawsuits. This lead to an urge of having an universal laws that will facilitate secured property transactions across the country, thereby meeting the requirements for clarity and standardization. It was the time when British Colonial Administration came into the picture and adopted TPA 1882 to codify the existing laws and principle that regulates the property transfers. It streamlined the sales procedure by identifying the key aspects, rights and duties for both the parties involved. The TPA was designed in an uniform system for registering the sale deeds, that not only ensures the public record but also strengthens the legal protection. This key milestone in Indian property law, with subsequent revisions and court interpretations, forms the foundation of property transfer legislation today. Comparison with other Countries While TPA in India provides a codified framework, while other nations have their own legal frameworks for regulating the property sales. Here are some of ideas for comparison- Property Transaction in common Law jurisdictions, such as England and the United States, are influenced by the common law concepts. Fraud Statutes- These jurisdictions, like TPA, demand that certain transactions (like as land sales) be in writing. Recording Systems-To provide openness and legal certainty, several countries establish public land registries. Civil Law jurisdictions such as France and Germany. Notarial System- Notaries are important in transfer of property in territories where civil law prevails. Formalities- Strict procedure are often need to be followed for property transactions. Publicity- The public record consists of the details about ownership of property. Country Specific Practices- United States- Each has a unique set of property laws, such as those governing sales, deeds and title transfers. United Kingdom- The land registry handles property records, guaranteeing openness and efficiency in the conveyancing process. Germany- Notaries regulates the property transfers, and registration is required for legal validity. Types / Kinds There are two kinds of sale- Conditional Sale Sale with Leaseback Conditional Sale- Certain criteria, such as getting government clearances or resolving title problems, must be met before the transaction may go through. Sale with Leaseback- Under a lease arrangement, the seller leases the property to the buyer while retaining ownership for a set amount of time. Forms / Modes The mode is dependent on the value of the property- Registration- For immovable property worth Rs.100 or more, the sale needs to be registered under the Registration Act 1908 for lawfully transfer of ownership. Delivery of Possession (Limited)- For the properties worth less than Rs. 100, an authorized sale can be accomplished merely by handling over the actual possession of the property to the purchaser. However, for greater legal protection registration act as a best safeguard. Essentials / Elements / Pre-requisites The Transfer of Property Act (TPA) defines numerous basic requirements for a legitimate sale of immovable property- Competent Parties- Seller (Transferor)- The seller must be legally authorized to transfer the ownership. This essentially means that they needs to be of sound mind, an adult (above 18 years of age), and must not be disqualified by any law. Buyer (Transferee)- Similarly like the transferer the transferee requires to be competent to get involved in such kind of contract. Transferrable Subject Matter- The agreement to purchase involves immovable property, which includes land, buildings, and anything permanently linked to the earth. Price (Consideration)- The considerations needs to be first set and it needs to be determinable. Mostly the consideration is monetary in nature but it may also include other types of significant reimbursements, which needs to be agreed by both the parties. Contract Of Sale- A Contract for Sale under section 54 of TPA is defined as an agreement between an seller and buyer that a certain immovable property would be sold on the terms and conditions agreed upon between them. The aforementioned contract does not transfer the ownership of the property but instead it defines the parameters and circumstances for a future transfer. Essentials- Competent Parties- Both the seller as well as buyer needs to be legally competent i.e., they must be of sound mind and must be above the age of 18, and must not be disqualified by any law. Transferrable Subject Matter- The immovable property means the property which are permanently linked to the earth like land, buildings etc, must be the subject matter of the agreement. Definite and determinable Price- The agreement made for the property must be in exchange of a definite amount of consideration which can be paid fully or in instalments. Terms and Conditions- The agreement needs to have the terms and conditions clearly- The description of the property should be precise enough to identify it individually. The timing and parameters under which the buyer will take physical possession of the property. The agreement also specifies about who will be responsible for any loss or damages occurred in the property before the completion of the transaction. Any extra criteria required needs to be completed before the sale took place. Like- getting permissions or resolving title difficulties etc. Importance of Contract for Sale- A well drafted contract gives the clarity and certainty that helps in protecting both buyer and seller, by clearly elaborating them their rights and duties and reducing the conflicts that may arise in future. It also helps in legally enforcing, if either parties violates the term of the contract. It helps in formally transfer of title upon registration and the provisions agreed upon acts as a foundation of the final sale deed. It is a very critical task to analysis and recall that a contract of sale under this act generates ‘Right in Personam’[2] for the buyer which means it may be enforced against the seller only. The seller retains title of the property until the transaction is finalised by registering the selling deed, which creates a ‘Right in Rem’[3] that is enforceable against everyone. Case Laws / Precedents / Overrulings VIDYADHAR V. MANIKRAO (1999)[4] In this case the supreme court ruled that ‘a sale’ required the intention of the party to transfer the ownership of the property. The purpose is derived from the disclosures in the sale deed, the parties actions and the evidence on file. COMMISIONER OF INCOME TAX V. M/S MOTOR AND GENERAL STORES (1967)[5] In this case the Supreme Court held that the price, in the general terms refers to monetary gains for the sale of the property. It was also additionally determined that if any other consideration is retained, then the transaction will not be considered as a sale rather it will be determined as exchange or barter. HAKIM SINGH V. RAM SNEHI (2001)[6] In this case the Allahabad court held that insufficiency in payment is not a significant factor in sale. Even if the court discovers that the price or the consideration given is less than the property’s worth in the market, the sale nonetheless will be considered to be legitimate. Doctrines / Theories While the TPA 1882 has not given any specific emphasis on the “doctrines” in relation to sale but here are some of the frequently referred doctrines which are applicable to sales- Doctrine of Estopple- This theory strictly prohibits a person from rejecting or contradicted to its opinion that they had already mentioned and if the other party acted according to it and had faced a huge damage as result of it. Under sale this may be very important in case where the seller makes any misleading claim regarding the property, causing the buyer to engage into the transaction and then attempting to back out from the same. In such circumstances this doctrine will act as a boon for the buyers as it will prevent the seller from refuting its representation because of buyer’s trust and possible loss. Doctrine of Caveat Emptor- This doctrine especially gives an idea which means “let the buyer beaware” typically expressing that the buyer will be responsible for investigating and ensuring the condition of the property that they are buying. While not specifically stated, the TPA's emphasis on "caveat venditor" (let the seller beware) through mandated disclosures and potential penalties for seller misrepresentations offers a framework that somewhat mitigates the strictness of "caveat emptor." Doctrine of Election[7] - This idea came into existence when the person has the right to claim the same property under two or more contradictory titles. Here the individual can select only one title, not entitle for both. CONCLUSION & COMMENTS The Transfer of Property Act 1882, is an important regulation in India that serves seamless and safely sale of immovable property. It safeguards the rights and interests of purchasers and sellers by setting an unambiguous structure for ownership transfer. Understanding the characteristics enables people to navigate the sales procedure with assurance and protect their interests. Further research into current events and upcoming trends might assist negotiate the intricacies of selling under the TPA. REFERENCES Books / Commentaries / Journals Referred THE TRANSFER OF PROPERTY ACT BY-DR. R.K. SINHA Online Articles / Sources Referred https://www.coursehero.com/file/92741157/Sale-and-Exchange-under-Transfer-of-Property-Actdocx/ https://blog.ipleaders.in/sale-under-transfer-of-property-act-1882/ Cases Referred https://indiankanoon.org/doc/1332419/ https://indiankanoon.org/doc/1798885/ https://indiankanoon.org/doc/1898632/ https://www.casemine.com/judgement/in/5767b11ae691cb22da6d3514 Statutes Referred Transfer of Property Act 1882 The Indian Contract Act 1872 [1] Section 54 of Transfer of Property Act 1882. [2] It gives the person rights against one person or party to the contract. [3] It gives the right that relates to a specific property and can be enforced against anyone who interferes with the property. [4] AIR 1999 SC 1441 [5] 1968 AIR 200 [6] (1908) ILR 30 ALI 248 [7] Section 40 of TPA 1882 - [MORTGAGE UNDER TRANSFER OF PROPERTY ACT](https://lawfoyer.in/mortgage-under-transfer-of-property-act/) - Author-Sushree Sangita Panda, Birla Global University, Bhubaneswar INTRODUCTION Mortgage is one of the most significant components of property law as it gives permission to people to receive funds or loans to purchase property. Simply Mortgage is something when a person gives a specific immovable property to another person and receives money against that property as a loan amount. That property acts as a security for the payment of future debt. It is a transfer of Partial interest for future payment which creates a pecuniary liability on the same. In India, Transfer of Property Act, 1882 governs the creation, redemption, enforcement, functions etc of the mortgage. Transfer of Property act 1882 also governs various typer of property transfer as well among which Mortgage is one. This research article dives into the elaborating description of the concept ‘MORTGAGE’ along with its principles, essentials, components, effects etc. The rules regulating mortgages under the TP Act incorporate important elements from property law, such as the redemption and priority principles. This study investigates key case laws and academic interpretations to gain insight into the actual implementation and interpretation of mortgage law under the TP Act. Keywords (Minimum 5): Mortgage, Transfer of Property Act, 1882, Property law, Immovable property, pecuniary Liability, Repayment of future debt. Meaning, Definition & Explanation According to section 58 of Transfer of Property Act 1882, “Mortgage is the transfer of an interest of an immovable property for the purpose of securing money in advanced, an existing or future debt or the performance of an engagement which may give rise to a pecuniary liability.” Simply we can say mortgage is one kind of security given by the borrower who is also known as a Mortgager to another party which is known as Mortgagee, on for paying back the loan amount. This concept of Mortgage is only applicable in Immovable of property. By giving Mortgage, the Mortgager does not transfer the ownership right but only Transfers some right over that specific immovable property to the Mortgagee like In case the borrower fails to pay back the loans the mortgagee has the right to the authority over that property or to sale it for receiving its debt back. Furthermore, more often Mortgage is subjected to certain legal requirements such as registration the instrument to assure their legitimacy and enforceability. Historical Background / Evolution The concept “mortgage” has very ancient historical roots which can be traced back in various ancient civilizations. In the clay tablets which were received from Ancient Mesopotamia Civilization has also some traces of Mortgage. In that era also people used to give their property as collateral for loans. This method was also way too much common in ancient Egypt civilization. In Egypt civilization people used to lent their property to temples or rich person to get loans and when they pay the amount back, they used to receive their property back. In 1750 BCE, in BABYLON there was the first legal system which had framed some rules which were related to security for Loans. In ancient India there was also the practice of Mortgage which has been traced in “ ARTHASHASTRA” which talks about different types of loans which were secured by some guarantees. Another Ancient legal sculptures known as “DHARMASASHTRA” also addresses the issue of Mortgage in it along with the rights and liability of Borrowers and Lenders. Thus, the ancient practice of Mortgage unfolds the utilization of property as a collateral for loans by representing the universal requirement of security against the loans. Comparison with other Countries A comparison of Mortgage statues in various countries indicates a wide diversity of legislative structure and methods of governing property financing and security arrangement for the same. Although the legislative framework for rules and regulation of every nation is different from each other and every nation has its own peculiarities and antecedents, but a strong yet deep examination of mortgage laws all across the globe reveals its universal concept and theme of the procedure. The followings are some brief details about Mortgage laws of different countries; UNITED STATES The Mortgage regulation in US is governed by state laws. But certain federal rules like TILA[1] and RESPA[2] also plays a pivotal role to governing those Mortgage laws. The extensive usage of mortgaged-backed securities and secondary mortgage market are two specific features which Distinguishes the US mortgage system from the mortgage system of other nations. The eviction procedure in US differs from state to state. Some states require judicial foreclosure while some states permit non judicial foreclosure as well. UNITED KINGDOM In UK mortgage laws are regulated by two statues The Law of Property Act 1925 and Land Registration Act 2002. In UK market there are various types of options available for Mortgages like fixed-rate mortgages, variable-rate mortgages, interest only Mortgages etc. For safeguarding the rights of Borrowers, the foreclosure procedure in UK includes judicial hearings and strong regulatory rules. CANADA The Mortgage regulation in Canada is overseen by Provincial laws and some federal rules like CMHC[3] and Bank Acts etc also plays significant Role and Impact on Mortgage laws. The Canadian Mortgage market stands out from the crowd for its high percentage of Homeownership and a diverse range of mortgage which comprises of fixed-rate, variable rate and hybrid mortgages. The procedure of foreclosure in Canada is similar to US. INDIA The Mortgage laws in India is controlled by TPA[4] and SARFAESI[5] act. Mortgage market in India offers a variety of mortgage merchandise like basic mortgage, conditional sale mortgage, Usufructuary mortgage etc. In India the process of foreclosure includes both Judicial and non-judicial approaches. ESSENTIALS OF MORTGAGES UNDER TP ACT The Transfer of Property Act,1882 Defines a certain legislative framework to regulate the procedures of Mortgages. Hence, there are certain essential conditions which needs to be fulfilled for the transaction mortgage. Such as; TRANSFER OF INTEREST As per the definition under the Act, Mortgage is a transmission of stake(interest) of a specific immovable property from borrower(mortgager) to the lender(mortgagee) for a specific amount of consideration. This transfer does not mean the entire transfer of Ownership but it generates certain rights to the lender as a security interest. In case of default, the lender of money has the right to acquire or sale the property for foreclosure of the debt. THERE SHOULD BE A SPECIFIC IMMOVABLE PROPERTY The property which will be mortgaged should be the specific and immovable one. There should not be any ambiguous about which property is mortgaged. Everything should be crystal clear about that particular property. RIGHT TO SALE By transferring the rights, the borrower gives certain rights to the lender to exercise over that particular mortgaged property. This right also includes Right to sale for foreclosure of the amount. REDEMPTION RIGHT The Transfer of Property Act also Recognizes the right of the Mortgager to REDEEM his property after repaying the debt amount. When the mortgager will fully pay the debt amount, he has the right to claim his property back. This right protects the interest of Borrower from loosing their property permanently just because of their temporary financial problem. TYPES OF MORTGAGES UNDER TP ACT The Transfer of Property Act highlights different types of mortgages in India. Each of them is different from each other as per characteristics and everything. They are; SIMPLE MORTGAGE Simple mortgage is dealt under section 58(b) of TP act. This is the most prevalent category of mortgage in India in which the borrower keeps the control over the collateral with him while transferring the right to sale to the lender. In the event of default, the mortgaged property will be sold by the other party to recover the debt amount. In this case property can also be sold with the permission of court while there is a default in payment of the debt. MORTGAGE BY CONDITIONAL SALE This type of Mortgage is dealt under section 58(c) of Transfer of Property Act 1882. Mortgage by conditional sale means temporary change of ownership of the specific property by mortgager to the mortgagee. When the party pays back the debt amount the mortgaged property will be reverted back to its original owner. Furthermore, any condition which will prevent the mortgager to redeem his property back, will be considered as invalid. MORTGAGE BY DEPOSIT OF TITLE DEED Under section 58(f) of TP Act deals with ‘Mortgage by deposit of title deed’ which is also known as an equitable mortgage. In this type of mortgage, the mortgager deposits the deed of title of the property to the mortgagee as security. However, the ownership still remains with the mortgager and the deposit of title doesn’t grant the permission to the mortgagee to right to sale the property, automatically. In case of default, the mortgagee can only sale the property if there is a separate deed about the sale. This method is primarily used for short term loans or temporary securities. USUFRUCTUARY MORTGAGE This type of mortgage is defined under section 58(d) of Transfer of Property act 1882. This is one of the less prevalent kinds of mortgage, which states that the mortgagee can obtain the possession over the mortgaged property within the loan period. In exchange the mortgagee receives the right to collect rent from that mortgaged property which he will use as an interest amount. Although, the risk of repayment of loan is borne completely by the mortgager. ANOMALOUS MORTGAGE This type of mortgage is dealt under section 58(g) of Transfer of Property Act,1882. This is one type of special arrangement which is made on the basis of specific agreement which is created between Mortgager and Mortgagee. Sometimes, this type of mortgage involves components of different types of mortgages within it. In short, those types of mortgages which are not been mentioned under any of the other above-mentioned types, those will be covered under this Anomalous mortgage category. In this type of Mortgage is it crucial understand rights and duties of each party as this type of mortgage is based special agreement between the two parties. So before entering into this type of mortgage, legal advice is a must. ENGLISH MORTGAGE This is a type of mortgage which has been defined under section 58(e) of Transfer of Property Act,1882. In this type, there is an absolute transfer of property to the mortgagee but there is a condition that the debt amount needs to be paid in one particular date and after the completion of this procedure the mortgagee will re-transfer the property back to the mortgagor. In this type of mortgage, the mortgager by giving the absolute right over property to the mortgagee creates a binding force upon himself to repay the debt within that decided period. And it is also necessary that the specific decided date should be mentioned in the contract o which the debt should be return back. MODES OF COMPLETING MORTGAGES The process of mortgage is simple both simple and crucial at the Same time. For completion there are various modes and methods through which the transaction needs to be passed for getting formalized and finalized. These methods or modes are generally dependable upon the rules and legal requirements of various jurisdiction. They are; REGISTRATION DELIVERY OF POSSESSION DEPOSIT OF TITLE DEEDS APPROVAL FROM REGULATORY AUTHORITY REGISTRATION As we know as per the general rule of TP Act, every transaction of immovable property more than amount of 100 Rs need to be registered. But there is one exception to this which is ‘Mortgage by deposits of title deeds’. Except this type this general rule of registration applies to every other type of mortgage. When registration is necessary, the mortgage must be in writing and should be attested with 2 or more witnesses. It also needs to be signed and registered as per the provision of registration. DELIVERY OF POSSESSION Mere delivery of possession of the property is sufficient to constitute a valid mortgage. Delivery of possession is one of the ground which constructs a valid mortgage and it includes, delivery of possession from mortgagor to mortgagee. DEPOSIT OF TITLE DEEDS Mortgage where title deed is deposited, this type of mortgage doesn’t need registration. In this type of mortgage, a person takes some amount as a loan and deposits the title deed of the mortgaged property. This mode of transaction is generally done in the matters which are related to real estate or immovable property. APPROVAL OF REGULATORY AUTHORITY In certain cases, execution of mortgage involves approval from the regulatory authority as well. it generally happens when the transaction is involved in financial institutions or regulatory sectors. CASE LAW GLORY AND ANOTHER VS MURUGAN AND ANOTHER[6] In this case it was held that it is necessary to mention in the mortgage dee that whether that particular transaction is for the mortgage or not. Or else the transaction will be treated as a sale, rather than a mortgage by conditional sale. SYNDICATE BANK VS M. SIVARUDRAPPA[7] In this case the mortgager has claimed that he has mortgaged his property by executing a memorandum of deposits of title deeds. But the Mortgagee, which is the bank, denied the same on the ground of discrepancy in signature of the witnesses who were there for attesting. In this case the Karnataka High Court held that, the suit for recovery of money is to be dismissed as the mortgagor failed to prove the originality and enforceability of the mortgage deed. CONCLUSION & COMMENTS Mortgage is one of the basic yet crucial type of transfer which is dealt under Transfer of Property Act, 1882. It is used in the everyday life of individuals, whenever they need financial help. Mortgage in itself is a very wide concept which gives rise to various rights and circumstances. For determining whether a transaction is a mortgage transaction or not, it need to examine properly that all the essential conditions of the mortgage transaction is fulfilled or not. Hence, in case of mortgage transaction another important factor is intention of the party. However, there is no transaction of ownership in mortgage but temporary possession is there. REFERENCES Books / Commentaries / Journals Referred The Transfer of Property act by DR. R.K. SINHA Online Articles / Sources Referred https://www.legalserviceindia.com/legal/article-6078-mortgage.html https://blog.ipleaders.in/mortgage-and-charge-of-immovable-property-under-transfer-of-property-act-1882/ Statutes Referred Transfer of Property Act, 1882 [1] Truth in Lending Act [2] Real Estate Settlement Procedure Act [3] Canada Mortgage and Housing Corporation [4] Transfer of Property Act,1882 [5] Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [6] AIR 2019 Mad 346 [7] AIR 2003 Kant. 210 - [VICARIOUS LIABILITY](https://lawfoyer.in/vicarious-liability/) - Author-Innama Haider, Amity University INTRODUCTION Vicarious liability is a liability where one person instead of being liable himself for his own faults he or she will be liable for the wrongful act done by another . For being liable for the torts committed by other , there should be some existing relation between both the parties . The liability is joint and several. For example : The employer will be liable for the torts committed by his employee , parents are liable for the tort committed by their children .Also for a person to be liable under vicarious liability the tort committed should be under the course of employment. Keywords : Vicarious liability, torts ,master, servant, independent contractor, responsibility , unlawful , employment. Vicarious liability makes other person liable for the wrongful acts done by one person because that other person who is liable is in superior state to prevent that harmful act which is caused by second person . There are certain relationships which are jointly liable for each other’s act such as : Principal and Agent Master and servant Employer and employee Generally vicarious liability which involves cases in it in which one person is in the state of superiority and can exercise his or her control accordingly . In this liability one person gets blamelessly liable for the wrongs other person has committed . There are 2 maxims which are of utmost important in this concept of vicarious liability: "Qui facit per alium facit per se" means "he who does an act through another is deemed in law to be have done it himself.” “Respondeat superior” is a legal doctrine, most commonly used in tort, that holds an employer or principal legally responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency.” To be liable under vicarious liability , malicious intention is not always necessary. To be liable under vicarious liability the tort should be committed under the course of employment Course of employment includes : Wrongful act should be authorized by master. The mode in which act has been performed is unlawful . Who is a servant? A servant is someone on whom the master can exercise his control , who is paid by the master , can suspend or dismiss by his master , and on whom the master has the power to select him . Difference between Servant and Independent Contractor A servant is someone who is bound by the orders of the master but independent contractor is someone who is bound by the terms of the contract . A servant is someone who is controlled by master but independent contractor is not controlled by anyone . A master is liable for the acts of the servant but not on independent contractor. Course of employment For making the master liable the servant should act under the course of employment Which involves that the servant should do the unauthorized act under the control of master and in an unlawful manner. There are various principal ways in which a master becomes liable for the wrong done by servants in the course of their employment. 1) “Wrong done as a natural consequence of an act by Servant for Master with due care 2)Wrong due to Negligence of Worker 3)Wrong by excess or mistaken execution of a lawful authority 4)Wrong committed wilfully by a servant with the intention of serving the purpose of the master 5)Wrong by Servant’s Fraudulent Act” Vicarious liability in medical care For any wrong which is done by the staff members of hospital under the course of employment such as any mistake done by lab assistant or any other employee of the hospital , any act which prove that they were negligent while performing their duty will make the doctor or the hospital vicariously liable . Types of Liability: Principal Liability: Where one person who is in a superior state in any act of business , and ask his agent or orders him to do any wrongful or any unlawful act will make the principal liable , because only the principal can prevent the agent or his servant to do any harmful act . But to make the principal liable for the faults of his agent , the wrongful act should be committed under the course of employment . Parental Liability Whereby any such circumstances of the case which proves that parents provided children with any platform which make him do the wrongful act will make the parents vicariously liable for the acts of their children because it will be assumed that the particular act has been done under their supervision and the facts will prove the superior responsible because its only the superior who can prevent them doing that act. Government Liability In Torts Vicarious Liability of the State “The term ‘administration’ is used here synonymously with ‘state’ or ‘Government’. To what extend the administration would be liable for the torts committed by its servants is a complex problem especially in developing countries with ever widening State activities. The liability of the government in tort is governed by the principles of public law inherited from British Common law and the provisions of the Constitution. The whole idea of Vicariously Liability of the State for the torts committed by its servants is based on three principles: Respondeat superior (let the principal be liable). Quifacit per alium facit per se (he who acts through another does it himself). Socialization of Compensation.” Evolution in India “As there is no legislation which specifies the vicarious liability of the state for the torts committed by its servants, it is under Article 300 of The Constitution of India, 1950 by which enumeration of the right to file a suit comes from. Art. 300 gives the right to the public to sue the state. While it came into force after the implementation of the Constitution in 1950, similar provisions were also there in Government of India (hereafter GOI) Act of 1935 under article 176 which has similar provision as in GOI Act of 1915 and of 1858 under Articles 32 and 65 respectively. Article 65 of the GOI Act of 1865 read, “All persons and bodies politic shall and may have and take the same suits, for India as they could have done against the said Company.” As the Government succeeded the company in administration i.e. East Indian Company, the liability of the government similar as it was with the company before 1858.” CONCLUSION & COMMENTS Generally in law people are liable for their wrongful act but vicarious liability is a form of liability where one person is liable for the wrongful acts done by another . In this form of liability generally the superior party or the master is liable because he is the one on whose direction the servant works . But for this type of liability to arise there should be some sort of relation between both the parties also the wrongful act should be done under the course of employment . Only the acts of servant or the employee makes the master liable ,no act of an independent contractor will make the master liable. Vicarious liability is a type of joint and several liability. REFERENCES Online Articles / Sources Referred https://www.law.cornell.edu/wex/respondeat_superior https://www.legalserviceindia.com/legal/article-6602-qui-facit-per-alium-facit-per-se.html https://blog.ipleaders.in/vicarious-liability-case-master-servant-relationship-tort-law https://www.lawctopus.com/academike/vicarious-liability-state/ https://blog.ipleaders.in/constitutional-tort-law-deals-vicarious-liability-state/ Cases Referred Baldeo Raj Verses Deowati Peninsular and Oriental Steam Navigation Company v. Secretary of State for India Statutes Referred Article 300 of the Indian Constitution ,1950 Article 176 of the Government of India Act, 1935 Articles 32 in the Government of India Act 1915 Article 65 in the Government of India Act 1858 Article 65 in the Government of India Act 1865 - [MARITAL RAPE- LEGAL CONCERNS](https://lawfoyer.in/marital-rape-legal-concerns/) - Author-Romika Narotra, Amity University, Noida Introduction The divine value of marriage is frequently utilised to cover up the horrifying reality: marital rape. Although marital rape is a serious violation of bodily autonomy and dignity, it is still a legal grey area in India. Marital Rape is having sexual intercourse with a spouse without his/her consent. In India, the law does not clearly define marital rape as a crime. An exception to Section 375 of the Indian Penal Code (IPC) states that sexual intercourse between a man and his wife who is under 18 years of age is not rape. This law allows perpetrators of marital rape to go unpunished and separates victims from justice For centuries the institution of marriage in all the laws be it Hindu law, Muslim law etc, sexual intercourse after marriage has been seen as necessary and important for creation of family. Our society has developed a lot from many years but the image of importance of having a child after marriage and a husband showing all sexual rights over his wife has been so much normalised that even if a women is being forced to copulate after marriage has not been protected specifically under any law except the domestic violence act and under sec 375 IPC where forced sex after marriage is seen as a crime only when the women is below the age of 15 still in this 21st century India there is no law that fully criminalizes marital rape. Background / Evolution In ancient times, women were not considered separate legal entities and it was believed that if a woman married a man, he would accept this marriage. In the 19th century, feminists began challenging men's right to force their wives to have sex. Feminists have been campaigning against marital violence since the 1960s. In the United States, the state of Michigan criminalizes adultery only when a couple files for divorce and separation. South Dakota banned same-sex marriage from 1975 to 1977. These instances were the start that showed people’s awareness towards marital rape. History of Marital Rape in India The Delhi High Court has been hearing arguments in the case since 2015. In January 2022, two judges of the Delhi High Court started hearing the case. Inevitable demands from individuals and public organizations. By May 2022, they had reached a controversial decision. While one judge upheld marital rape because it violated a woman's right to consent, another objected, saying marriage "essentially" amounts to consent . Later, the issue was brought to the Supreme Court. The need to evacuate the marital rape exception was prior rejected by the Law Commission of India in 2000 . In 2012, the Justice JS Verma Committee was entrusted with proposing revisions to India's rape laws. Whereas a few of its suggestions made a difference shape the Criminal Law (Alteration) Act passed in 2013, a few proposals, counting that on marital rape, were not acted on. The issue has been brought up in Parliament as well. Upon being addressed in a Parliament session in 2015, the thought of criminalizing marital rape was rejected with the see that "marital rape cannot be applied within the nation since marriage was treated as a holy observance or sacrosanct within the Indian society". In September 2022, Supreme Court administering on women’s right to secure premature births notwithstanding of marital status held that for the purposes of the Medical Termination of Pregnancy Act, the definition of rape ought to incorporate marital rape. Government’s Stand: The Central Government at first protected the rape exception and afterward changed its stand and told the court that it was checking on the law, on which wider consultations are required on the issue. The Delhi government contended in support of holding the marital rape exception. The government’s contentions crossed from securing men from possible abuse of the law by wives, to protecting the institution of marriage Legal provisions/ Challenges The lack of legal protection against marital rape perpetuates a culture of impunity and silence. Victims often suffer physical and psychological damage due to silence, fear of stigma, family discrimination and legalization. Marital status and expectations of obedience make victims even more vulnerable, hindering their ability to seek help or report abuse. One of the biggest problems with the criminalization of marital violence in India lies in the basic principles of relationship and marital behaviour between men and women. Old ideas often believing that women are the property of their husbands and are not free over their own bodies and choices. This patriarchal ideology normalises marital rape and prevented the development of law. In expansion, legitimate issues such as burden of confirmation and need of prove make genuine issues in prosecuting marital rape. The security of the marriage ceremony and the absence of witnesses make it difficult to recognize non-consensual sexual intercourse. Also, victims are hesitant to come forward due to fear of striking back or social backfire, making the lawful handle difficult. Criminalising marital rape is critical for the advancement of the rights and dignity of people in marriage. Usually an issue of gender equality, bodily autonomy and human rights. It gives a legitimate prepare for casualties to look for equity, get to support administrations and hold culprits accountable for their actions. Furthermore, criminalising marital rape is additionally in line with India's universal commitments and commitments beneath various conventions and agreements, including the Tradition on the Disposal of All Forms of Discrimination against Women (CEDAW). India's disappointment to criminalize marital rape has weakened its validity within the world and failed to convey on its commitment to combat gender-based violence. Case law In case of The Chairman, Railway Board v. Chandrima Das . The Supreme Court held that rape is not only an offense under the Indian Penal Code but also a crime that affects the entire society. Another case of Kharak Singh v. State of U.P has adopted the implied protection of the right to privacy under Article 21. According to Article 21, the right to privacy includes the right to be free from intrusion and unreasonable access. Sexual freedom is an important part of this law and not all sexual intercourse is allowed to violate sexual privacy. The idea of ​​avoiding marriage through rape violates a woman's right to sexual privacy by forcing sexual intercourse against her will. In Independent Though v. Union of India , Delhi High Court in 1986 said that exemption of marital rape under Section 375 of the Indian Penal Code was unconstitutional. The document addresses the need to criminalize marital rape and provide legal protection to women within marriage. Another important case was Sakshi v. Union of India. In 1999, the Supreme Court of India upheld forced sexual intercourse by the husband. The court said that marriage does not necessarily imply consent to sexual intercourse and that women have the right to refuse sexual intercourse in marriage. Why Marital Rape is not criminalised in India? The new law, which will be published in July, does not criminalize marriage. The government said marital rape can lead to marital discord and become a tool to harm husbands. Exceptions to marriage are generally based on two views: Permanent consent, that is, when a woman gets married, she gives permanent consent and cannot withdraw it. Legislators reiterated that it is a woman's responsibility to have sexual intercourse with her husband and that the institution of marriage essentially waives a woman's right to consent. Consent is defined under the Crimes Act 2003 as “a person giving consent if he or she chooses to do so and is free and competent to make that choice.” Courts have made clear that consent is voluntary and does not require evidence of objection. Conclusion: As a result, legal recognition and criminalization of marital rape is important for solving the problem of gender-based violence in marriage. This should be achieved through a variety of means, including legal reform, public awareness and support for victims. Legislators, legislators, NGOs and communities must work together to create a society where all human rights and freedoms are respected and protected, regardless of care. Now is the time to make fair and equal decisions for everyone. REFERENCES Books / Commentaries / Journals Referred IPC Bare Act Criminal Manuel Online Articles / Sources Referred Garg, S. and Singh, N. (2022) Marital rape: Historical and comparative analysis, My Lawman Socio Legal Review. Available at: https://mslr.pubpub.org/pub/vlo7anq8/release/1 (Accessed: 06 March 2024). Institute for the Sociology of Law A critical analysis of the standard of consent in rape law in India: Oñati Socio-Legal Series, A critical analysis of the standard of consent in rape law in India | Oñati https://opo.iisj.net/index.php/osls/article/view/1647/1992 (Accessed: 06 March 2024). Sachdev, V. (2022) Explained: Why marital rape is not a crime in India (yet),The Quint. https://www.thequint.com/news/law/marital-rape-not-recognised-as-crime-in-india-explainer (Accessed: 06 March 2024). Cases Referred The Chairman, Railway Board v. Chandrima Das Kharak Singh v. State of U.P. Independent Though v. Union of India Sakshi v. Union of India - [CYBER CRIME : MEANING, HISTORY, TYPES, SECURITY MEASURES AND IMPORTANT CASES](https://lawfoyer.in/cyber-crime-meaning-history-types-security-measures-and-important-cases/) - Author-Tanishka Saxena, Amity University, Lucknow INTRODUCTION CRIME is as old as human society, crime in any form which adversely affects the individuals living in the society is known as crime. In the era of digitalization, everything has been changed by the internet giving rise to criminal activities. The excessive use and reliance on the internet leads to an increase the criminal activities. The word “cybercrime” is used for criminal activities with the use of computers such as fraud, violating privacy, etc. Cybercrime affects people, companies, government and even threatens the national security of the country. Several illegal activities are committed over the internet by technically skilled criminals. Cybercrime is an uncontrollable evil based on the misuse of growing dependence on computers in modern life. What is cybercrime “Cyber” is a prefix that is used to describe a person, thing, or idea, as a part of a computer and information taken from the Greek word ‘kubernetes’. Cybercrime is also known as computer crime, the use of the computer as an instrument for illegal purposes such as hacking, cracking, fraud, stealing identities, child pornography, extortion, money laundering, intellectual property, etc. Cybercrime is the most prevalent crime playing a devastating role in modern India. Historical Background Cybercrime started in the 1960s and 1970s when there were only transistor-based computer systems which were smaller in size and less expensive than vacuum tube-based machines and crimes only related to the physical damage to computer systems and stored data in the computer. In the 1970s, the method and use of computers and data has been changed there was a major shift from Manual to computer-related fraud. The very FIRST and known incident of cybercrime was the creation of the CREEPER VIRUS which foretold the potential of viruses that come in the future and cause grave damage to computer systems. After the 1970s, the MORRIS WORM caused extensive disruption and made people aware of harmful cyber activities in the 1980s. In the 1990s, a significant increase in cybercrime was observed, and the infamous Melissa virus was a notable cyber incident during this period which infected over 100,000 computers from all over the world. Further advancement in cybercriminal advancement was observed in the early 2000s and cyber criminals started launching denial-of-service (DDOS) attacks and spamming mails. In the present era, cyber crimes are much more changed, and new highly sophisticated methods of committing crimes. This decade highlighted the importance of cybersecurity measures and awareness and the evolving threats posed by cybercrime. TYPES OF CYBERCRIME Some of the most common types of cybercrime:- HACKING –Without permission taking access to someone else’s computer systems or networks to steal or gain information or modify data. WEB HIJACKING – Web hacking means taking control of another person’s website, with the consent of the owner, and eventually the owner loses control. MALWARE – In malware, harmful software has been made to sneak around on someone else’s computer systems. This includes viruses, spyware, worms, etc. It can be used to gain bank details, sensitive business data, or information to conduct social engineering attacks. IDENTITY THEFT- To act like some other individual by Stealing their information such as their name, social security number, or financial details, for financial gain to commit fraud or crimes. CYBER STALKING AND HARASSMENT – Cyber Stalking means repeating the acts of harassing, threatening, or intimidating individuals by sending repeated or unwanted messages or distributing the personal information of the individual without the consent of the person by using the internet. Both kinds of Stalkers i.e., Online & Offline – have the desire to control the victim's life. ONLINE SCAMS AND FRAUD - Many Fraudulent schemes were conducted over the internet time such as investment scams, scams of lottery, fee fraud of advance rupees, fake websites, romance scams, credit card frauds, etc. to take money or valuable information. DATA BREACHES - People get the information without the permission of the owner of the website and get access to sensitive data stored by the person or institution such as personal information, financial records, or corporate secrets, resulting in the exposure of personal or financial information. PHISHING – Phishing is the sending of fraudulent messages that appear as real entities in emails and messages. That email directs the user to visit that website where they have to update certain sensitive information such as passwords, credit card numbers, or social security numbers which will be used for identity theft. CHILD EXPLOITATION – The use of the Internet for Child exploitation become a common practice. Child pornography and engaging minors in sexual activities and provided on the internet on various platforms. PREVENTIVE MEASURES TO PROTECT FROM CYBER SECURITY:- Keep software and operating system updated Use any anti-virus software and keep it updated from time to time Use strong passwords Never open attachments in spam emails Do not click on links in spam mail or untrusted websites Be mindful of which website URLs you visit Keep an eye on bank statements IMPORTANT CASES OF CYBERCRIME Shreya Singhal vs Union of India [1] In this case, The validity of section 66A of the Information Technology Act was challenged before the Supreme Court. The Supreme Court held that section 66A of the Information Technology Act is unconstitutional and violates article 19(1)(a) of the Indian constitution and the court upheld the importance of freedom of speech and expression and the need for clearly defined laws to prevent misuse and necessity to defined laws precisely to avoid the abuse and guarantee the protections of citizens right in the era of digitalization. This judgment set a significant precedent for online freedom of expression in India. Shankar vs State of Rep[2] In this case, A charge sheet was issued against the petitioner under section 483 of CrPc. Petitioner approached the Supreme Court to quash this charge sheet. He secured unauthorized access to the protected system the legal advisor of the directorate of Vigilance and anti–corruption (DVAC). He was also charged under sections 66,70, and 72 of the Information Technology Act. The court held that the charge sheet filed against the petitioner could not be quashed by the law concerning the non-granting of sanction of prosecution under Section 72 of the IT Act. Shreekanth C. Nair vs Licensee/ Developer[3] In this case, the issue revolved around a student of ASCL who encountered a website called ‘ www.incometaxpune.com.’ he led to a pornographic site. As a result, the complainant sought a court order to block the offensive website. This website is undoubtedly pornographic and must be shut down in the public interest as well as in contravention of section 67 of the IT Act. It raised concerns about the responsibility of website developers and operators for the content available on these websites. The court held that these types of websites should be blocked because they hold inappropriate content. This decision shows that the court wants to keep the internet safe for everyone, especially from harmful content. And also directed the owner to be aware of what is on their website and what they link to. This case is important because it shows how the law helps to protect people online. CONCLUSION Cybercrime is one of the complex and evolving issues that has a significant impact on individual organizations and society. It affects the individuals who fall victim to scams and frauds, and businesses that suffer heavy financial losses and even a threat to the government and national security. To deal with cybercrime we have to take certain measures like strong passwords, Keeping software and operating systems updated, Using any anti-virus software, etc. Certain efforts have to be made to strengthen cybersecurity, promote digital literacy, and enforce laws and regulations that can significantly reduce its prevalence and impact. everyone needs to remain vigilant adopt best practices for online security and stay informed about emerging threats to protect themselves and contribute to a safer digital environment. [1]Shreya Singhal vs Union of India AIR 2015 SC 1523 [2] Shankar vs State of Rep Crl. O.P. No. 6628 of 2010 [3] Shreekanth C. Nair vs Licensee/ Developer Crl. Rev. Pet. No. 2900 of 2008 - [Doctrine of Strict Liability and Absolute Liability](https://lawfoyer.in/doctrine-of-strict-liability-and-absolute-liability/) - Author-Velagada Mounika, Dr. B.R. Ambedkar College of Law, Andhra University INTRODUCTION : Generally, Strict liability and Absolute liability comes to play when there is a negligence resulting in causing environmental pollution. These liabilities are based on, No Fault Liability which means when a harm caused by a person ,who is liable to another person despite he is not negligent in causing harm or no intention to cause harm or he was careful. In 19th century (England) the principle of Strict liability was evolved in Ryland V. Fletcher case, the strict liability famously known as “The Rules in Ryland V. Fletcher case”[1]. And the evolution of absolute liability in Mc Mehta v. Union of India case here it raises the standard and decree of liability, making it an “absolute,” one. These civil law principles transforming environmental and constitutional principles, and also from recognition of civil rights to fundamental rights. This is why the no fault liability plays a important role in claiming compensation from the defendant. KEYWORDS: 1.No fault liability 2.strict liability 3. absolute liability 4.Non natural use of land 5.Polluter pay 6.principal pay 7.Environmental pollution STRICT LIABILITY: Meaning: It means that an individual who keeps harmful substances or Dangerous thing in his place then he will be liable for the damage of plaintiff if it is escapes from his premises in any manner. For the application of strict liability there are essentials if all are satisfied then it comes under the Strict liability. Historical Background : Strict liability is the principle that, first foundation laid from the case Ryland V. Fletcher[2] in the year 1868 FACTS OF THE CASE: In a place there were two men one is Ryland and another is Fletcher, who lived each other. Fletcher who had a mill which requires Huge energy to work. So, in his land Defendant constructed a reservoir and he appointed a engineer. In Ryland's land there were old mine shafts which was unnoticed by the engineer. And due to the negligence of engineer later construction, water from the reservoir break out and rushed into the mine shafts of plaintiff. Ryland filed sue against fletcher in Trail court, Court held that Fletcher was unaware of the abandoned mine shaft and he is not negligent. So, fletcher is not liable. Then Ryland goes on appeal to the higher court. Issues: whether the respondent is held legally responsible for the act done by Servant and without his negligence? Whether the construction of reservoir in fletcher’s land comes under natural use of land ? Judgement : The house of lords gave decision in favour of Plaintiff and held that the defendant is liable, And for the acts done by the servant, Master is liable. The construction of reservoir is not natural use of land. Sic utere tuo it alienum non laedas which means everyone should use his land for natural use so, that you don’t injure other people. Strict liability Principle was originated from this case and the Rule had essentials and exceptions. After this case many cases are solved under this Rule of strict liability. This principal says if there is no negligence on his side then the defendant has to prove his innocence and this burden always lies on defendant. Essentials / Elements / Pre-requisites 1.Dangerous thing : Here this word “dangerous” means that it may cause any harm if it is escapes from the premises of respondent. It simply states that liability for the damages on the defendant when the thing escaped from the land or premises of the defendant should be dangerous thing In Ryland V. Fletcher case the water stored in the reservoir is considered as the dangerous thing on defendant’s land. So, this principle states that the dangerous thing can be any poisonous gases, venomous fumes electricity, Chemicals and so on can be termed as dangerous things. Escape : It is the 2nd Essential of strict liability, which plays a key role in the cases. Here escape means the thing causing harm must breakout or run out of the premises of the defendant premises. It means that the escaped object was outside the area and control of defendant. Ponting v. Noakes Case [3] Here the ponting horse was entered into the Noake’s fence and ate few leaves from yew trees, which is a venomous tree. And the plaintiff’s horse was died and he sued the defendant in the court. The bench had lay down that the defendant was not liable under Strict liability because there was a full confine of yew trees and There is no escape from the defendant’s land. Read v. Lyons & Co., [4] Similarly there was no escape and, therefore, there was no liability under the rule. In this case, the plaintiff was an employee in the defendant’s ammunition factory. inside the defendant’s premises she was working, while performing her duties a shell, which was being Manufactured there, exploded. Non natural use of land : Here in the Ryland V. Fletcher case huge amount water stored in reservoir is non natural use of land and the use of land should be in natural way like keeping water for domestic purpose. Sochacki v. Sas[5] In this case court held that the fire in a house in a grate is an ordinary purpose and every days natural use. If this fire spreads the neighbouring premises ,then there is no applicability of strict liability. T.C. Balakrishnan Menon v. T.R. Subramanian, [6] In this case court held that the use of explosives in open ground even on festival days .it come under the non natural use of land and the defendant held liable. The above are the three essentials of Strict liability. Act done by independent contractor: Generally, an employer is not liable for the wrong committed by the independent contractors. However it is not a defence in the rule of strict liability in which the damage caused by the independent contractor. In Ryland V. Fletcher Case court held that the defendant was held liable even though he get his work done by independent contractors. Defences / Exceptions : The following are the recognised exceptions or defences by the Ryland V. Fletcher case and they are: Plaintiff’s own default : It was a good defence for the defendant, if plaintiff entered voluntarily into the defendant’s land and causes damage by himself then the defendant is not liable. In this case Ponting v. Noakes court said that the horse itself entered into the defendant’s land and died due to nibbled of yew tree leaves and here in this the defendant is not held liable because there is no escape of any Harmful substance. 2. Act of God or vis major or Damnum fatale The Harm which directly results from the natural causes and that can’t be foreseen and controlled by human beings. In relevance to the principle of strict liability; if the act was unpredictable, without any human intervention and caused by some super natural forces then there is no liability on defendant. Winfield and Pollock : “Act of God may be defined as an operation of natural forces unexpected that no human foresight or skill could reasonably be expected anticipate it.” [7] Nichols v. Marsland,[8] Here the defendant constructed a dam with a normal flow on his land. That year’s rainfall was heavy and unforgettable . Due to heavy rains the embankment of lakes burst and rushed out into the plaintiff’s four bridges. And the plaintiff sued defendant. The court ruled that there was no liability on defendant. 3. Consent of plaintiff In this exception, where plaintiff agreed expressly or impliedly of bringing any Harmful thing on his land which cause injury to him at a subsequent time. Then the defendant is not liable and it comes under the principle of Volenti non fit injuria which means no wrong is done to the person who gave his consent voluntarily. Common benefit When the injury is caused to the petitioner by the act or escape of Dangerous thing which was Kept for the benefit of the both petitioner and Respondent then it is called as common benefit. Here the rule of strict liability is inapplicable because they both are benefiting from it. Hence they both are not liable. Anderson v. Oppenheimer [9] In this case the plaintiff lessees floor in the defendant house , the tank in the house was burst and flooded the floor. The defendant is not liable here because the tank is used for the benefit of both. Act of third party It means that when damage is caused due to acts done by the third person and the defendant has no control over him; no Master and Servant relation. If the act done by the stranger can be predictable then the Respondent should take care to avoid damages Box v. Jab[10] Here In this case defendant had a reservoir and a overflow Of water from it due to the blockage of water by the stranger. And hence court held here the defendant is not liable. Statutory Authority: It is considered as a strong defence But if the defendant while under statutory authority he has any negligence on his part, it was not applicable. Green v. Chelsea co (1864) In this case the defendant had a duty to continuous maintain of water supply and without any negligence of the company it’s main belonging was burst and the place of the plaintiff was flooded with water. Court decided that there no negligence on behalf of company, hence it is not liable. The above mentioned are the defences for the defendant from the Strict liability. ABSOLUTE LIABILITY: 1.Meaning: In simple Absolute liability = Strict liability - Exceptions or defences The enterprises which is engaged in hazardous or inherently dangerous activity, while operation of such hazardous or inherently dangerous activity results in damage or harm of anyone on account of an accident. Then the enterprise is strictly and absolutely liable and to compensate to all those who were affected by accident. Historical Background/ Evolution: The Rule of absolute liability is took reference from the strict liability , here supreme court made this principle more strict without the exceptions in M.C. Mehta v. Union of India case. This is a turning point case in Indian history. Facts of the case: In Delhi which is the capital city of India , In 1985 on 4th and 6th December there was a severe gas leakage and This was happened in one of the unit of Shriram foods and fertilizers Industries which is belongs to the Delhi Cloth Mill limited. Due to this an advocate was died who is practicing in This Hazari Court and many other people also affected by this incident. This action was brought by M.C. Mehta through public interest litigation. Judgement: A strong decision was taken by supreme court to evolve a new principle which suitable for the present social and economic conditions of India. In this case the court ruled that the company had to pay 20 lakhs compensation. Supreme court explanation: Supreme court justified the rule of absolute liability on basis of two reasons: a.Any enterprise which is carrying hazardous activities with a motive of profits have social responsibility to compensate victims from any accident , the company should absorb such loss and take the responsibility. The enterprises should discover the resources which guard against the hazardous and dangerous. The measure of the compensation is based on how larger and prosperous enterprise; if it is larger and more prosperous then the compensation is also greater for the harm caused by the dangerous or hazardous activity by accident. Union carbide corporation v. Union of India (Bhopal Gas tragedy) It is considered as world’s worst industrial disaster. The new rule laid in oleum gas leakage case was applied in the Bhopal Gas tragedy by supreme court. In the city of Bhopal which is in Madhya Pradesh, India had a union carbide corporation India limited plant for manufacture of pesticides. Here on 2nd December 1984 at night a sever leakage of methyl isocyanate and other gases. The company was designed with unproven and untested technology. It is a multinational company of U.S.A and this tragedy resulted in death of 3000 people and many people were injured. Some people lost of their hearing sense , disorders relating to neurological, permanent loss of eyesight. And after this tragedy , the public insurance Act 1991 was passed with a purpose of immediate relief for the victims without any delay. Which was caused by the enterprise handling with hazardous substances. Public insurance Act 1991: The main motive of this act is to provide immediate relief to the victims, who were affected by the hazardous substances which was handled by the enterprises. This act was totally based on no fault liability principle. This act speaks , the owner who is dealing with Harmful substances should take insurance where the owner will get the insurance against the liability in case of any death or injury to the victim caused by hazardous substance. Hazardous substances means chemical or physic chemical substance which cause harm to the living beings as human beings, animals, micro organisms , plants, water air land and environment. Handling means manufacturing, transporting, packing , storing and so on in relation with hazardous substances. The Distinction between Strict liability and Absolute liability Strict liability Absolute Liability 1.In strict liability the rules are strict but not absolute in nature because it has exceptions. 1. In absolute liability the rules are strict and absolute, both in nature because it doesn’t have any exceptions. 2.The damages awarded by the court are may be ordinary or compensatory. 2. The damages awarded by the court are exemplary. 3.The escape of dangerous thing is necessary from the premises of defendant. 3. The escape of hazardous or dangerous thing is not necessary from the premises of the defendant. Which means the person injured within the premises and outside the premises. The defendant will be liable. 4.There should be non natural use of land. 4. Here Even it dangerous substance may be a natural use of land ,if it escapes then the defendant is liable, and there is no compulsory requirement of non natural use of land. Absolute liability and Environment pollution: Indian council enviro- legal Action V. Union of India [11] In this case the court made compulsory of Polluter pay principle which means that the polluter must pay for the pollution made by him and the compensation should be used to the improvement of environment and the local residential areas. In this case also the absolute liability principle was followed by the supreme court. Visakhapatnam Gas leakage Case(2020): (Andhra Pradesh State) In this case a styrene gas was exploded from L.G polymers enterprise due to this 11 people were died and thousands of people are hospitalized. Here also Court applied absolute liability. Maxims / Principles a.sic utere tuo it alienum non laedas “Use your own property in such a way that you do not injured other people’s: a maxim often used in cases of nuisance. It is misleading, since only an unreasonable interference with a neighbour’s property is actionable as a nuisance..”[12] b.volenti non fit injuria “No wrong is done to one who consent”.[13] Damnum fatale “Damage ordained by fate. Damage caused by a force majeure(greater force), such as war, shipwreck, or natural catastrophic ( natural disasters)”. Vis major a Latin word which means a greater force. CONCLUSION & COMMENTS Any way the rule of absolute liability is a turning point judgement and supreme court reached its milestone. In jurisprudence we study sources of law as legislation, precedent and custom. In these three legislation is the best source of law. So the absolute liability not only remain as precedent but also legislation should be made. And the provisions will give the rights to the people which helps them in speedy justice. If the Legislation is made then it undergo all the problems and give solutions before arise of problem in the society. REFERENCES Books / Commentaries / Journals Referred DR. R.k. BANGIA Dr. N. Maheshwara Swamy P.S.A. PILLAI 2. Cases Referred 1.Ryland V. Fletcher UKHL 1, L.R. 3 H.L. 330. 2.M.C Mehta V. Union of India 3.Ponting v. Noakes1894-2 Q. B. 281 : (63 L. J. Q. B. 549) 4.Read v. Lyons & Co., (1974 )A.C. 156 5.Sochacki v. Sas (1947) 1 All E.R. 344 6.T.C. Balakrishnan Menon v. T.R. Subramanian A.I.R. 1968 Kerala, 151 7.Nichols v. Marsland(1876) 2 Ex. D. 1 8.Balak Glass emporium v. United India insurance co ltd AIR 1993 Ker 342 9.Anderson v. Oppenheimer 1880 5 QB 602 10.Box v. Jab1879 4 Ex D76 11.Green v. Chelsea co (1864) 12.Indian council enviro- legal Action V. Union of India AIR 1996 SC 1446 13.Visakhapatnam Gas leakage Case 2020 Statutes Referred i.The public insurance Act 1991 [1] Ryland V. Fletcher UKHL 1, L.R. 3 H.L. 330. [2] UKHL 1, L.R. 3 H.L. 330. [3] Indian kanoon ; Ponting v. Noakes; 1894-2 Q. B. 281 : (63 L. J. Q. B. 549) [4] DR. R K. BANGIA; Read v J Lyons & Co(1974 )A.C. 156 [5] (1947) 1 All E.R. 344. [6] A.I.R. 1968 Kerala, 151. [7] https://onlyjudiciary.com/act-of-god-vis-major-general-defences-in-tort/ [8] (1876) 2 Ex. D. 1 [9] 1880 5 QB 602, P.S.A Pillai [10] 1879 4 Ex D76 [11] AIR 1996 SC 1446 [12] https://www.oxfordreference.com/display/10.1093/oi/authority.20110803100504563 [13] Oxford law Dictionary - [Emergency provision under Indian Constitution](https://lawfoyer.in/emergency-provision-under-indian-constitution/) - Author-Naveena K., Chettinad School of Law INTRODUCTION The Indian Constitution[1] has the features of both federal and unitary, Emergency provisions are the unitary features. During the emergency situations the central government holds the power and it will demand the states to do the functions .Constitution of India Part XVII deals with the Emergency provisions[2] Article 352 to 360 these provisions enables the Central government to meet any abnormal situations effectively. Three types of Emergency (Art 352)- National Emergency (Art 356)- State Emergency (Art 360)-Financial Emergency The President has the power to imposing the all three emergencies. During this emergencies period the Fundamental rights has been suspended except Art 20 and 21. The kind of Political System is Federal during normal time and unitary during emergency. In this article, lets see about the Types of Emergencies,Ground of Proclamation of emergencies,Procedures of parliamentary approval and duration of emergencies,Revocation of emergencies, effects of emergencies and the related case laws and some doctrines. Keywords(Minimum5):Constitution,National Emergency, State Emergency,Financial Emergency,War, External aggression, Proclamation, Judicial Review, President. TYPES OF EMERGENCIES National Emergencies- Due to war ,external aggression or armed rebellion State Emergencies - Due to failure of constitutional machinery in states. Financial Emergencies- Unexpected situations that impact Financial stability. NATIONAL EMERGENCIES President of India can declare the national emergencies in the situation were the security of India or a part of India threatened by the war or armed rebellion or external aggression, before their actual occurrences. Emergency declared on external aggression known as external emergency, Emergency declared on armed rebellion known as internal emergency. A period of emergency may be proclaimed for the entire nation or just a part of it. Grounds of national emergencies: War- When a country declares war against India and violence by armed forces External aggression - When country attack the country without any formal declarations of war Armed rebellion-When a group of individuals rebel against the government and cause destruction of property and life. Procedure for Proclamation of Emergency President can proclaim a national emergency only after receiving the recommendation from the cabinets ,means only on the concurrence of the cabinets not merely on the PM. 44th amendment 1978 introduced safeguards to eliminate any possibilities of PM alone taking the regards. “Minervamills Case[3]” The Supreme Court ruled that there is no barrier to Judicial review of the validity of a Presidential Proclamation. Thus, the Proclamation of Emergency can be challenged in court on the grounds of malafide, or the proclamation was founded entirely on false and irrelevant Parliamentary approval and duration: Originally the Proclamation of emergency was 2 month for approval by 44th amendment it has been reduced to 1 month. The Proclamation must be approved by both the house of Parliamentary within 1 month of date of issue. If the Loksabha has been dissolved during the 1 month without approving the proclamation. After the reconstitution of loksabha the proclamation survives until 30 days from the 1st sitting. Once the parliament approved proclamation of emergency it shall remain in force for period of 6 months from the date of passing. Further extension of emergency beyond period of 6 months ,for about every six months approval of parliament is needed Every resolution approving POE ,& continuance must be done by either house of parliament by special majority process. Revocation of Emergency: The President can revoke the emergency at any time , the parliamentary approval is not required.If the loksabha passes the resolution to disapproving its continuation the President must revoke the Proclamation. 1/10 of the loksabha members should give a written notice to the speaker if the house in session , if houses in not in session to the President .Special sitting is held within 14 days of notice for the purpose of considering a resolution disapproving the continuation of proclamation. Disapproval of proclamation Continuation of proclamation Resolution passed by Loksabha Resolution passed by both house Adopted by simple majority Adopted by special majority Effects of Proclamation of emergency 1.Centre state relations: Extension of Center's Executive Power(353): During national emergency the power of the central extends, Central can direct the any state regarding manner which extends the power. State executive will not suspended .Central has complete control. Legislative(353 (b)) : During the national emergency centre can make law on state subjects, although the legislative power of states does not suspended. The law made by the parliament on the states subject during emergency becomes inoperative in 6 months. Financial Controls (354): President can make changes in distribution of revenues between centre& states, thus president can either reduce or cancel the transfer of finances. Effect of life of loksabha and the State assembly( 83 (2)): During national emergency the term of loksabha has been extended beyond five years. and state legislative assembly can also have their extension of term. Effect of Fundamental rights: There is no need of separate order to be passed to suspend the Fundamental Rights.The six Fundamental rights enshrined in Art 19 gets automatically suspended if the national emergency had been issued. Art 358 and Art 359 describes the effects of national emergency. ARTICLE 358 ARTCLE 359 l Fundamental Right guaranteed by Article 19 completely on Suspension. l Automatically suspends l Art 19 suspends up-to the emergency exists I l Extends to entire country l Operates in case of external emergency l Suspension of Other Fundamental Rights (except 20 ,& 21) l On the Presidents declaration of specified fundamental rights suspends. l Fundamental rights suspended for the period specified by President. l It may extends to entire country or the part of it. l Operates in case of both external and internal emergency. MakkanSingh vs State of Punjab[4] Suspension of right to move court for the enforcement of Art 14,21,22, under the Proclamation of emergency during Indo-China war has been challenged. The SC ruled that the rights were suspended only for those who were legally detained, not those who were unfairly detained under the Prevention Detention Law. The Supreme Court stated that if a citizen's imprisonment was mala fide, he would not be deprived the right to petition the court for a writ of habeas corpus. M Jabalpur vs S.Shukla[5] The Supreme Court ruled in the case that during national emergency an individual moving to the Court for enforcement of Fundamental rights is suspended. also, including right to life and liberty. PRESIDENTS RULE Presidents rules can be also termed as “Constitutional Emergency” or “ State Emergency” Grounds of Impositions: Art 356 -According to the President, there is a situation where the Governor cannot carry out the duties of the State Government in accordance with the provisions of the Constitution. Art 365 -Whenever State fails to comply with order of Centre the Presidents rule will arise. Parliamentary Approval and Duration: Proclamation of imposing President’s rule ,both the house of parliament must approve within 2 months from the date of its issuance. At the time of proclamation loksabha dissolves or dissolution take places during the time period of 2 months , then the proclamation survive for about 30 days from the first sitting of loksabha after its reconstitution. Rajyasabha should approves it in the mean time Proclamation operates on period of six months, it can be extended only up to 3 years not beyond that. Every 6 months Parliament approval is required by simple majority. 44th amendment[6]- 2 Condition must be fulfilled to extended the President’s rule for 6 months. National Emergency operates in India, may be imposed in whole of territory or party of state. If there is report submitted that elections in the state assembly is not possible. Revocation: The revocation do not require the approval of both the houses, The President can revoke at any time. This occurs when the leader of political party indicating the majority support for him in the assembly. SR bommai vs UOI[7] This case decided by the Supreme court of India, that the President’s Rule is subject to Judicial Review. Court can question and enquire about the grounds for imposing the Presidents rule. SC laid down the rules regarding Presidents rule ,listed below; President do not have an absolute power to dismiss the State Government. President should use the power only after the approval of Parliament, until then president can suspend only the Legislative Assembly. In case of Proclamation does not get approval by the both houses, it lapses after the 2 months and the dismissed government is revived. Suspended legislative assembly get reactivated. These provisions should use only in the exceptional circumstances. President’s Rule can be imposed on ground if the State Governor work against Secularism. This provision under eye of judicial review it will the prevent arbitrariness. Effect of President’s Rule : The President will taken up the functions of State he become the deciding authority, and the power vested to governor. The decisions will be taken by Parliament instead of a State Assembly. During Presidents Rule the power of high court remains same. President cannot suspend the power of High Court. President can also suspend the constitution provision relates to state if it is necessary. President can also dismisses the State council of minister headed by CM. The State Administration can be carry out by the Governor on behalf of President. FINANCIAL EMERGENCIES Article 360 of Indian Constitution says about the Financial Emergencies. This can be imposed by President on the approval of Parliament. 38th Amendment [8] states that the President's declaration of a financial emergency is final and conclusive, and can be challenged in court on any grounds. This was subsequently repealed by the 44th Amendment Act of 1978, which stated that the president's satisfaction is subject to judicial review. Ground of imposition: Art 360- Allows the President to declare a financial emergency in India if the country's financial stability is threatened. Approval and Duration : The Proclamation of emergency it should be approved by the Both the houses of Parliament on on simple majority within in the 2 months from the date of issuance. The loksabha dissolve during the period of 2 months without approving, after the reconstitution of loksabha from the 30 days of first sitting it must be approved. Rajyasabha should approve in its mean time. Revocation: The emergency can be revoked by the president at any time. No maximum period is prescribed, for the continuation of emergency parliamentary approval is not needed. Effects of Financial Emergency: The center's executive jurisdiction extends to directing any state to follow such financial propriety standards. There is the reduction of salaries and allowances for the person serving in state. The president may reserve the money bill and financial bill for considerations The salary and allowances of the person serving in the Union ( Judges of SC & HC)also reduced. Criticisms President act as a dictator The democratic foundation of the constitution will be shattered, and fundamental rights will become meaningless. The federal nature of the constitution reduces and the union emerges all powerful. The Union executive will have the exclusive power of state. State Financial autonomy will be nullified. There are some doctrines to be discussed in the Emergency Provision. Doctrine of Sovereignty :The executive head of the state (President) has an power to declare the Emergency in certain situations. This is to protect the Sovereignty,unity, integrity, security of Constitution of India. Doctrine of Unitary State : The federal structure becomes unitary when the emergency situation arises, the central government taken the power state government should comply with the law made by centre. Doctrine of Judicial Review: Judicial review ensures that constitutional rights are upheld even during emergencies by acting as a check on possible abuses of emergency powers. CONCLUSION & COMMENTS India is a quasi federal country it is federal structure with unitary features, when it comes to the situation of emergency the President may Proclaim the emergency with the approval of both houses of Parliament, There are procedures for the approval and revocation of Emergencies. President do not hold the absolute power on the Emergencies. The fundamental rights of the citizen also suspended during the emergency , the fundamental rights and period are specified by the President. The Emergency provision under Judicial review to prevent the arbitrariness and malafide intention. REFERENCES Books / Commentaries / Journals Referred Constitution Law of India: Dr.J.N Pandey Indian Polity : M.Laxmikanth Online Articles / Sources Referred Emergency provisions. (n.d.). Drishti IAS. Retrieved March 16, 2024, from https://www.drishtiias.com/to-the-points/Paper2/emergency-provisions Prep, B. E. (2023, October 17). BYJU’S exam prep. BYJU’S Exam Prep. https://byjusexamprep.com/upsc-exam/emergency-provisions-in-indian-constitution Team, C. (2022, October 19). ClearIAS. ClearIAS. https://www.clearias.com/emergency-provisions/ Cases Referred Minerva mills vs UOI SR Bommai vs UOI Makkan Singh vs State of Punjab D.M Jabalpur vs S.Shukla Statutes Referred Constitution of India 1949 [1] Enact on Nov 26 1949, enforcement on Jan 26 1950 [2] Influenced by the country Germany [3] AIR 1980 SC 1789 [4] AIR 1964 SC 381 [5] AIR 1976 SC 1207 [6] 44th amendent act 1978 [7] 1994 3SCC 1 [8] 1975 - [NATIONAL SECURITY LAWS OF INDIA & FUNDAMENTAL RIGHTS UNDER THE INDIAN CONSTITUTION: PROVISION, PRINCIPLES, PROCEDURES AND CASES](https://lawfoyer.in/national-security-laws-of-india-fundamental-rights-under-the-indian-constitution-provision-principles-procedures-and-cases/) - Author-Rutvij Vyas, Faculty of Law, GLS University Introduction National security or National defence is a comprehensive attempt of a government to ensure the security over its territory and its people through the application of economic, political, diplomatic and military power. National security includes the overall efforts of providing security to its citizens, economy, and its institutions. As per Chanakya’s arthashastra, It is the duty of government/state to ensure the safety and well beings of tis citizens. For that every government in all due course of time enacts several legislations to ensure the national security. This article explores the effort of State in enacting the laws for ensuring the security. There are 2 major types of National security i.e Internal and external security. Internal security refers to all the measures taken by the State to protect itself from threats originating within its territory. It includes protection of law and order and also removing and resolving conflicts as well as risks that threaten the nation’s sovereignty1. External security refers to all the measures taken by the Government to protect itself from all the threats originating from outside its territory, it was originally perceived as security against military attack from enemy state, however in reference to current times it also includes the external aggression from non- state actors, such as terrorists. The concept of external security includes tackling conflicts and risks emerging outside the territory2, the external security can be further classified to symmetric and asymmetric external security. The Constitution makers were well aware of the concept of internal and external security, and the constitution provides a dedicated framework for ensuring the internal and external security of a nation, including provisions for the defence forces (u/a:- 33, 34), emergency powers (u/a:- 352 to 360), security of the state as a reasonable restriction to a fundamental right, and the role of the government in ensuring security. As per notable Jurist, Harold laswell (1950), “The distinctive meaning of the national security means freedom from foreign dictation” thus it can be asserted in purview of national security, that the ultimate aim of national security is to secure the sovereignty of State. Keywords:- National Security, preventive detention, Fundamental rights & Judicial Scrutiny Fundamental Rights under the Indian Constitution vis-a-vis internal and external security Fundamental rights enshrined under articles 12 to 35 (part 3) of the Constitution are the cornerstone of the Indian Constitution3, providing citizens with fundamental protections of rights and liberties. They guarantee individual freedoms and ensure the personal liberty, dignity, equality, and justice of each person4. This article explores the interplay between fundamental rights and the security concerns faced by India; We can observe a clear balance between national security and fundamental rights, as the State has the power to preserve its national interest and to maintain its national security, but the action of government must be ultra vires and shouldn’t be violative of fundamental rights (article 13). In the leading case of People's Union for Civil Liberties (PUCL) v. Union of India (2003)5 - The Hon’ble Supreme Court i.e. the Apex Court has emphasised that national security concerns should not be used as a pretext to violate fundamental rights. It was held that ‘any restrictions on fundamental rights must be necessary, proportionate, reasonable and conform to the principles of rule of law’. The Fundamental rights outline the reasonable restrictions in the interest of public order, sovereignty, and integrity of India, friendly relations with foreign states, and security of the state, however, such terms are subject to individual facts and circumstances, which makes the interpretation of courts important. In the case of K.S. Puttaswamy v. Union of India (2017)6- (also called as right to privacy verdict) The Supreme Court recognised that the right to privacy is a fundamental right under Article 21, as stated byJs DY Chandrachud, this rights are not an absolute right and can be restricted for legitimate state interests, such as national security, and such right would not be violated to take counterterrorism measures and to ensure the security and safety of the people. In the case of Romesh Thapper v. State of Madras (1950)7 , where a fundamental right of freedom of speech was at concern, the Supreme Court differentiated between ‘Security of State’ and ‘maintenance of public order’, and held that the liberty of the press is an essential part of freedom of speech and is foundation stone of all democratic functioning, and the state has no power to contravene it using the reasonable restrictions. The Constitution articles 352 to 360 (Part 18) deals with emergencies. As stated in Article 352, the President can declare a state of National emergency, if there is a threat of external aggression or internal- armed rebellion. The President, in the situation when the Governor of state proposes the collapse of constitutional government, might take over the affairs of that state by assumption, under Article 356. The Constitution, under Articles 358 and 359, allows for the suspension of fundamental rights during a state of emergency. However, the rights under articles 20 and 21 can’t be suspended during an emergency; in the landmark case of ADM Jabalpur v. Shiv Kant Shukla8 (1976), it was held that the right to life and personal liberty can be suspended during a national emergency. While this decision was then overturned by the court in subsequent judgements, it came to be later overruled under the 44th Amendment Act, 1978. National Security Laws of India National security laws play a crucial role in safeguarding the State’s security and territorial sovereignty. The Indian parliament has enacted numerous laws and legislations to ensure the security of every person living in the Country. The Foreigners Act, 1946 is a legislation that regulates & governs the entry, stay, and departure of non-citizens in India. Under section 3 of the act provides the power to the central government to make order with regards to the prohibition-restriction and regulation of the entry and departure of the foreigners. The Hon’ble Supreme Court of India in a leading case of Sarbananda Sonowal v. Union of India9 examined the issue of illegal immigration from People’s Republic of Bangladesh into the State of Assam and the constitutional validity of the Foreigners Act was also challenged. In the Majority judgement delivered by Js G.P. Mathur upheld the constitutional validity of the Foreigners Act. The Official Secrets Act, 1923 is a colonial anti-espionage law, it aims to protect sensitive information and prevent its unauthorised disclosure. This act was highly effected by the OSA,1911 and the scenario of ongoing Independence struggle during that times. The OSA, 1923 provides for non-liniant and stringent punishments for offences made under this act. The Apex court in S. Nambi Narayanan V. Siby mathews & ors.10 (also called as ISRO espionage case) whereby a prominent ISRO scientist S. Nambi Narayanan was alleged in 1994 of committing cries under official secrets act. In the leading case, the apex court examined the importance of balancing concerns of Personal liberty over National Security & Professional integrity, furthermore, the bench led by the then CJI Dipak Mishra, held that this law should be used sensibly and arrests of the accused shouldn’t be made only on the grounds of suspicion. The Unlawful Activities (Prevention) Act (UAPA) is a crucial legislation enacted in 1967, later amended in 2019 as a substantial National security law and Anti-terror law designed & formulated to counter anti-national and unlawful activities that endanger the State’s security. This law empowers the Union government to declare any organisation or any person to be "unlawful" and to take any preventive action to combat their unlawful activities. In the landmark precedent of Arup Bhuyan v. State of Assam11 whereby the Supreme Court of India took upon the issue of constitutional validity of several sections of UAPA, which includes the arbitrary authority of Union government to ban any organisation or declare it to be unlawful which also makes granting bail difficult, which may be misused to attain political vendetta. The bench duly concluded, that this Act's provisions must be rigidly interpreted by judicial scrutiny and the provisions of UAPA do not violate the fundamental rights and henceforth the bench upheld the constitutional validity of UAPA. In recent times many notable persons were arrested under UAPA such as, Binayak Sen(Doctor and Human right activist), Arun Ferreira, mammal Khan, Kamran Yousuf (Photojournalist), Shoma Sen (Professor), Sudha Bharadwaj, Masrat Zehra, Meeran Haider, Umar Khalid, Stan Swamy (jesuit religious leader), Yasin Malik, Khurram Parvez. The Army Act 1950 is a law that regulates the Indian Army and other land security forces and also forms a well disciplined structure to administer the justice where martial law is declared, maintain discipline, and ensure effective conduct of all army personnel .This code provides a series of description of all kinds of offences, as well as the establishment of a procedure for trial by Military Court with their legal authority and structured Jurisdiction. This act is further supported by the Border Security Force Act, of 1968. In the latest verdict of Lt. Col. Prasad Shrikant Purohit v. Union of India12, the Apex Court has adjudicated on what extent armed forces personnel can be prosecuted for terrorism and insurgency-related offences. The Air Force Act 1950 is a crucial law which is responsible for the legal regulation of the Indian Air Force and other air security forces. This crucial legislation gave a well structured framework for the administration of justice where air force personnel are involved, this act also provides for maintenance of discipline and the conduct of Air Force personnel. The Indian Navy Act 1957, is the law of administration naval justice and this act also provides for well structured framework of naval security forces which ensures the discipline of naval officers. This act also lays a legal course for the hearings of naval crimes and other misconduct of Navy servicemen. The court in Union of India v. Rajbir Singh13 (2015) sought to test whether the military court martial could award capital punishment under offences committed by naval servicemen. A notable case related to crime done by Naval officer is commander Kavas Mankshaw Nanavati V. State of Maharashtra in 1960, whereby a naval officer was alleged of murder of lover of his wife. National Security Act, 1980- This is an important preventive detention legislation enacted in the year 1980, to ensure national security and Law and public order. As per a well accepted definition, Preventive Detention refers to an action of the state; confining an individual to prevent them from engaging in future criminal activities and/or evading future legal proceedings14. The National Security Act (NSA) empowers the Union and/or state governments to arrest or detain a person for acts that may endanger national security in addition to maintaining law and public order or ensuring the continuity of essential goods nd services of the area under the essential commodities act of 1955. In terms of imprisonment, the maximum period of imprisonment under the NSA is 12 months i.e. 1 year. This act also provides for the creation of a three-tier National Security Council (NSC) chaired by the prime minister, which includes a National Security Advisor, Chief of defence staff, Deputy National Security Advisors, Ministers of Home Affairs, Ministers of Defence, Minister of Finance, Vice Chairman of the NITI Aayog, Ministers of External Affairs. The NSA has been criticised by many scholars due to its lack of transparency, misuse of power, violation of human rights and limited effectiveness15. This act should be further read with, the National Investigation Agency Act, which was enacted in 2008, after the 26/11 terror attacks in Mumbai. In the apex court’s precedent of Vijay Narain Singh V. State of Bihar16, Hon’ble Mr Js A.P Sen in their dissenting opinion said, “The detention of individuals without trial for any length of time, however short, is wholly inconsistent with the basic ideas of our government and the gravity of the evil to the community resulting from anti-social activities can never furnish an adequate reason for invading the personal liberty of the citizens except under the procedure established by law.” Preventive Detention Act is an important law enacted in 1950, This is also a preventive legislation that was enacted in order to detain any person who may threaten or endangers the security of State or its citizen. In the leading case of AK Gopalan v. State of Madras17, whereby a Communist-Socialist leeader was detained, the Supreme Court in 5 judges bench agreed and upheld to the constitutionality of the Preventive Detention Act and the judgement delivered by Js. HJ Kania widened the scope of Article 22 of the Constitution in providing a well-structured and procedural safeguard for preventive detention to maintain law and order, harmony and internal security. Again when a socialist leader of UP was detained and the detention was questioned was raised before the Apex Constitutional court, Ram Manohar Lohia v. State of Bihar, the larger bench made a lucid-clear distinction between the words “security of the state”, “law and order” & “public order”. It was held that the legislative intent behind PDA was completely for maintaining law and order, and any other ground would make the detention order void. Armed Forces (Special Power) Act, 1958:- This is a crucial military legislation which traces its roots to the colonial law of Armed Forces (Special Power) Act of 1941. This law continues to be used by the Government in insurgency-ridden areas such as Kashmir,Northeast, etc. The Armed Forces (Special Powers) Act, of 1958 is an effective legislation to combat terrorism and organisations that support terrorism18. This law provides special powers to members of the armed forces in disturbed areas in the State of [Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura]. Under Section 3 of this act, which provides the power to declare any area, as a disturbed area to the governor, administrator, or the central government. In the aftermath of Inderjit Barua v.State of Assam19 , such agovernor order can’t be challenged on the grounds of the absence of legislative guidelines, and such absence of guidelines would not make this order arbitrary. In Naga People’s Movement of Human Rights v. Union of India20, the Supreme Court decided the time limit/ periodic review of this act as 6 months. This act provides all discretionary powers to the armed force, to maintain law and order, if the officer may feel necessary may also fire upon any person. The union government has established 3 major committees to review this act, i.e. Justice Reddy, Justice Hegde and Justice Verma Committee. Conclusion "Having survived numerous security challenges since independence, India is on course to emerge as a major power, however, the path would be difficult21 ”. To handle this difficulty, the parliament of India has made and enacted several legislations such as the Armed Forces (Special Powers) Act of 1958, The Police Act of 1861, The Data Protection Law, the National Security Act etc. When it comes to Police services, we rely on 19th-century legislation, and 20th-century weapons to solve 21st-century problems. To ensure national security, every district's safety is vital, and the police play a crucial role. Police reforms have been on the agenda of central & state Governments for almost 75 years, the police are seen as selectively efficient, and unsympathetic to the underprivileged & marginalised communities. It is further accused of criminalisation & politicisation22. As per a report, “ the security legislations have damaged constitutional constraints by making human rights abuses easier by the State, and to reinforce constitutional checks and balances, reforms are needed23”. Notwithstanding anything said in this report, the ordinary masses have no direct problem with the absence of checks and balances, what ordinary citizens are satisfied with, is our unified nation. Irrespective of the question of whether our national security laws are arbitrarily used by the state, they have successfully ensured our national security from various threats, such as the Khalistani movement, Kashmir terrorism, and other separatist forces. REFERENCES Books / Commentaries / Journals Referred Gupta A, How India Manages Its National Security (Penguin Random House India Private Limited 2018) Chopra, S. (2016). National Security Laws in India: The Unraveling of Constitutional Constraints. Social Science Research Network. Jaiswal A, ‘The Draconian AFSPA, 1958’ (International Journal of Law Management & Humanities) accessed 4 March 2024 Kartikay Agarwal and Arjun Sharma, ‘National Security Act, 1980 – Iniquitous Act and Constitutional Tyranny or a Justified Piece of Legislation’ (jurist.org2020) Aditi Dhamdhere, ‘OVERVIEW of NATIONAL SECURITY ACT, 1980 by Aditi Dhamdhere – JOURNAL for LAW STUDENTS and RESEARCHERS’ (Journal for law students and researchers2020) accessed 4 March 2024 22 Ministry of Home Affairs, ‘Status Note on Police Reforms in India’ 23 Chopra, S. (2016). National Security Laws in India: The Unraveling of Constitutional Constraints. Social Science Research Network. Austin, Granville (1999). The Indian Constitution: Cornerstone of a Nation. New Delhi: Oxford University Press. p. 390. ISBN 0-19-564959-1 Tayal, B. B.;Jacob, A. (2005). Indian History, World Developments and Civics. Avichal Publishing Company. 2. Online Articles / Sources Referred NN Vora, ‘National Governance and Internal Security | Manohar Parrikar Institute for Defence Studies and Analyses’ (idsa.inMay 2008) accessed 2 March 2024 Bhamati Sivapalan And Vidyun Sabhaney, ‘In Illustrations: A Brief History of India’s National Security Laws’ (The Wire 27 June 2019) 3. Cases Referred People's Union for Civil Liberties (PUCL) v. Union of India (2003) KS Puttasamy V. Union Of India (2017) Inderjit Barua v.State of Assam (1983) Naga People’s Movement of Human Rights v. Union of India (1998) Vijay Narain Singh V. State of Bihar AK Gopalan V. State of Madras (1950) Col. Prasad Shrikant Purohit v. Union of India Union of India V. Rajbir Singh Arup Bhuyan V. Sate of Assam Sarbanada Sonowal V. State of Assam Nambi Narayanan V. State of Kerala Romesh Tahppar V. State of Madras (1950) ADM Jabalpur v. Shiv Kant Shukla (1976) - [Constitutional Validity of Euthanasia and Right to Die: Analysis in Light of Constitutional Principles and Landmark Cases](https://lawfoyer.in/constitutional-validity-of-euthanasia-and-right-to-die-analysis-in-light-of-constitutional-principles-and-landmark-cases/) - Author-Rachi Chavan, Amity University,Mumbai INTRODUCTION Every human being is entitled to human rights provided under the Universal Declaration of Human rights (UDHR). The rights are cornerstone of ethical and legal framework, inherent dignity of every individual. Whereas, fundamental rights guaranteed in the constitution of India specifically article 21 let an individual enjoy the right to life and right to die. Every aspect of this rights has been through various judicial scrutiny over the period of 75 years post-independence. Right to die is an interpreted right under Right to life. Thus so far, in the context of right to die, euthanasia is still a debatable topic. It poses a profound challenges to the right to life and human rights. At the heat of the debate, there lies a balance between both the rights and dignity of an individual. Euthanasia conscious ending of an individual’s life to reduce the suffering, raise morals, philosophical and legal questions which intersect with the rights enshrined in UDHR. In this article, we articulate the complex intersection of right to life and right to die in the context of Euthanasia. Various definitions, Historical background, different types, comparison with various countries, legal precedents and various interpretations. We aim to provide a deeper understanding of this topic which reflects on legal and moral compass of life and death. Keywords: Euthanasia, right to life, right to death, UDHR, fundamental rights, Article 21 etc. DEFINITION According to Black's Law Dictionary, “euthanasia is the act of causing or hastening the death of a person who is suffering from an incurable or terminal disease or condition especially a painful one, for reason for mercy.” According to Merriam-Webster dictionary, “Euthanasia means the act or practise of killing or permitting the death of hopelessly sick or injured individuals in a relatively painless way for reasons of mercy. It can be also seen as ‘mercy killing.” According to this practice, the patient or an individual or any other person oh the patient’s behalf, chooses death for himself for the colossal reason of medical condition. Euthanasia in simple terms means an act of ending an individuals’ life who is suffering from an incurable disease or in a situation where it is painful for an individual to stay alive. It common words, euthanasia means intentionally killing an individual who suffers from a painful disease by doing an act or omission of certain act. EVOLUTION OF EUTHANASIA ‘It were better to die once and for all than to drag out my lingering days in anguish by Aeschylus (father of tragedy). Euthanasia is a classified under Applied Ethics, a branch of Philosophy. Applied ethics were introduced in 1970s’, when the philosophical and political actors begun to look into topics such as, euthanasia, abortion, cloning, etc. The words euthanasia is derived from two different words Greek origin “eu” and “Thanatos”, which in English means Euthanasia. It was prevalent in Greek society during the early period of renaissance. Greeks used to consider mercy killing or good death as an act of rationale, if an individual feel that the life is not useful. The increase in the advocacy of euthanasia throughout North America and European countries along with increasing awareness of human rights led to countries creating laws which penalized the suicide and abetment to suicide. Hence, Euthanasia was also declared unlawful. Over the years, understanding of euthanasia evolved and words like mercy killings, assisted dying, death with dignity, painless death, peace attaining, etc. were referred. COMPARISON WITH OTHER COUNTRIES History has been witness to the evolution of Euthanasia, it has gain momentum many times throughout history and it almost attained legal validity. There was eccentric pattern of euthanasia followed in different countries. Switzerland had most recent amendment in 2021 when “suicide machine” an euthanasia machine which was coffin shape hence the name suicide machine, which can be operated and was legalized. Canada had legalized assisted suicide and euthanasia only in certain cases pertaining to factors such as physical conditions, mental conditions etc. which will ultimately led to an individuals’ death. In 2021 the scope was increased by considering the individuals sufferings from serious disability which will lead them to their death. Australia has four states in which euthanasia is legalised after 2017 and it was available to an individual who suffers from incurable and progressive disease and will die within one year. USA had legalized euthanasia in various states through judicial rulings and legislations. The process which is followed is a doctor has to write a prescription of the fatal drugs with the professional when the drugs are injected to the individuals. France had not legalised euthanasia as the bill was proposed in 2021 but palliative sedation is legal in France. In Netherlands assisted dying and euthanasia is legalised from individuals suffering from terminal illness and eventually die. In 2020 assisted dying was made legalised for children from the age of 1-12 years who are terminally ill. TYPES / KINDS OF EUTHANASIA BASED ON METHOD USED: Passive Euthanasia: when an individual is abstain from the medical treatment necessary for his survival. It means, the professional who provides care, do not do the act which is necessary or stop providing the treatment which is necessary to keep the patient alive. In simple terms, passive euthanasia is an act which can be contented as a doctors not actively killing the patient; they are simply not doing anything to save the patient. Active Euthanasia: When medical personnel or anybody else purposefully performs a positive deed, like injecting a deadly dose of medication or overdosing the victim with medication, the victim dies a medicine would not have caused death if it weren't for the overdose, which caused the victim to pass away such act is called active euthanasia. BASED ON CONSENT Voluntary Euthanasia: The individual requests that euthanasia be carried out. The patient requests euthanasia verbally or in writing if they would rather die than live in agony. Thus, it is possible to carry out both passive and aggressive euthanasia upon voluntary request. Involuntary Euthanasia: This kind of an individual is incapable of giving their consent for euthanasia. As a result, this approach covers scenarios including coma patients, brain dead people, etc. Non-voluntary: In this case, an individual is making the decision to end their life is competent but does not consent to it. This is unquestionably direct homicide. LEGAL PROVISIONS In the constitution of India Article 21 as a fundamental is enshrined in Part III it has stated that every citizen has right to life along with rights such as right to privacy, right to dignity, right of autonomy, right to personal liberty etc. In fact, inclusion of right to die under article 21 was controversial and various case laws are proof of that, because sections such as section 306 and section 309 of Indian Penal Code, 1860 which has provisions which states that abetment to suicide or attempt is illegal and punishable offence under the code. LANDMARK JUDGEMENTS RELATED TO EUTHANASIA: ARUNA RAMCHANDRA SHANBAUG V. UNION OF INDIA The landmark judgment in Aruna Shanbaug v. Union of India (2011) by the Supreme Court of India significantly advanced the legal discourse surrounding passive euthanasia in the country. This case analysis explores the Court's reasoning and its subsequent establishment of procedural guidelines for passive euthanasia applications. Factual Background Aruna Shanbaug, a nurse, was brutally attacked in the hospital where she worked, rendering her in a permanent vegetative state for 36 years. Ms. Pinki Virani, claiming to be Aruna's friend, petitioned the Court on the grounds that Aruna's right to die with dignity under Article 21 of the Indian Constitution was being violated due to her irreversible condition. Court's Reasoning and Decision The Court meticulously evaluated the medical reports and the definition of brain death enshrined in the Human Organ Transplant Act, 1994. It concluded that Aruna was not brain dead, demonstrating residual brain function through her ability to breathe unassisted and respond to stimuli. Furthermore, the Court determined that Ms. Virani lacked the legal standing to make such a request on Aruna's behalf, as the decision-making authority resided with the KEM Hospital staff responsible for her care. While acknowledging the absence of hope for recovery, the Court distinguished between passive euthanasia (withdrawing life-sustaining treatment) and the withdrawal of nutrition and hydration, which Indian law did not equate with euthanasia. Therefore, the Court dismissed the petition for euthanasia in Aruna's specific case. Significance and Procedural Guidelines Despite the denial of euthanasia in this instance, the Court's judgment held immense significance. It undertook a comprehensive examination of passive euthanasia, ultimately establishing a detailed framework for future applications. This framework emphasizes stringent safeguards to prevent potential misuse. The established procedure mandates the filing of an application by a competent individual. The relevant Chief Justice then constitutes a tribunal of at least two judges, empowered to authorize euthanasia orders. This tribunal must also consult a three-member medical committee chosen in consultation with relevant medical professionals. Following the committee's appointment, the judicial commission issues notices to the state, the patient's family (including parents, spouse, siblings, or friends in their absence), and accompanies these notices with the committee's report. The final decision on granting euthanasia rests solely with the Supreme Court. The Aruna Shanbaug case serves as a pivotal precedent in India's legal landscape on passive euthanasia. The Court's meticulous analysis and the subsequent creation of procedural guidelines offer a much-needed framework for navigating these complex and sensitive situations. MARUTI SHRIPATI DUBAL V. STATE OF MAHARASHTRA Factual Background A police officer, suffering from a documented history of mental illness including schizophrenia, depression, and instability, attempted suicide by self-immolation. He was subsequently charged under Section 309 of the Indian Penal Code (IPC) for attempting to take his own life. Legal Issue The Bombay High Court challenged the constitutionality of Section 309 of the IPC, raising the question of whether criminalizing attempted suicide violates Articles 14, 19, and 21 of the Indian Constitution. Reasoning of the Court The Court held that Section 309 was unconstitutional for the following reasons: Violation of Article 19: The right to life under Article 19 encompasses a negative aspect, as recognized in precedents like Maneka Gandhi v. Union of India (1978), Kharak Singh v. State of Uttar Pradesh (1962), and Sunil Batra v. Delhi Administration (1980). This right encompasses personal liberty and the protection of life itself. Interconnectedness of Articles 19 and 21: Articles 19 and 21 are to be interpreted together and in relation to each other. Violation of Article 14: Section 309 lacks a legal definition of "suicide," leading to ambiguity. The concept carries varying interpretations across different groups, with some cultures even praising certain forms of suicide. The Court further distinguished between ending one's life "unnaturally" and due to the exhaustion of the will to live. The latter, the Court reasoned, could not be considered unnatural but rather an act of life arising from specific circumstances. The Court declared Section 309 unconstitutional due to its violation of Articles 14, 19, and 21 of the Indian Constitution. Consequently, the proceedings against the petitioner were dismissed, and he was acquitted of the charge under Section 309. GIAN KAUR V. STATE OF PUNJAB Factual information Gian Kaur and her husband were found guilty of assisting their daughter's suicide and were convicted under Section 306 of the Indian Penal Code, 1860. The trial court sentenced them to six years in prison and a fine of Rs. 2,000, with an additional nine months of imprisonment if the fine couldn't be paid. The plaintiff appealed the decision to the High Court, which upheld the conviction but reduced the prison sentence to three years. Issues raised The main issues before the court were whether Section 306 of the Indian Penal Code, 1860 is constitutionally valid and whether Section 309 of the Indian Penal Code, 1860 violates Articles 14 and 21 of the Constitution of India. In the case of Gian Kaur v. State of Punjab (1996), a five-judge Constitution Bench of the Supreme Court of India observed that the 'right to life' under Article 21 of the Indian Constitution does not include the 'right to die'. The court emphasized that the right to life also encompasses the right to live with dignity until death, and this should be accompanied by a natural and worthy dying process. The court made it clear that the 'right to die' with dignity at the end of one's life should not be confused with an unnatural 'right to die'. It held that any action that accelerates a person's natural death is unlawful under Section 21. The Supreme Court also addressed the constitutionality of Section 306 of the Indian Penal Code, 1860 and ruled that both attempted suicide and assisted suicide are punishable. The court stated that this provision serves to minimize the inherent risk associated with the absence of such a law, considering the greater good of society. Furthermore, in the case of P. Rathinam v. Union of India (1994), the court repealed the provisions of Sections 306 and 309 of the Indian Penal Code, 1860, thereby affirming their constitutionality and holding the accused liable for abetment of suicide. The Supreme Court concluded that Article 21, which pertains to the 'right to life', does not include the 'right to die'. The arguments based on Article 14 of the Indian Constitution were found to be inconsistent with the main issues of the case. DOCTRINES RELATED TO EUTHANASIA IN INDIA Doctrine of Parens Patriae: This doctrine states that, the state has right to intervene to protect the rights of an individuals who cannot make decisions for themselves. This doctrine is used for cases of euthanasia where the patients are unable to make the decisions for themselves. Doctrine of Medical Ethics: Medical Council of India has provided medical ethics under four category that are principles of non-maleficence, beneficence, autonomy, and justice. These medical ethics makes sure that medical professional are unbiased and makes decisions which has best interest of patient. Living will Doctrine: Living wills are document which stated the wishes of an individual regarding ending their lives under medical treatment. It is recognised by Supreme Court of India in 2018. Doctrine of Sanctity of Life: This doctrines is based on religious and moral compass which upholds the value of life and its sanctity. It therefore, opposed the assisted dying or terminating lives of human beings on the ground that it disturbs and violated the sanctity of life. Maxims Volenti non fit injuria: “the one who is willing, no harm is done” it means that if the patients is willing then no harm is caused to him. Salus aegroti suprema lex: “welfare of the patients is the highest law” it simply means whatever that is in the best interest of patient shall be considered legal and just. Actus curiae neminem gravabit: “the act of court shall prejudice no one” it means that the court shall be unbiased and impartial while making decisions for the cases of euthanasia. FUTURE IMPLICATIONS IF EUTHANASIA IS LEGALISED [NEGATIVES] If euthanasia is legalised in India the impact of such act can be more of negative than positive as majority of human tendency is to seek benefit for ourselves than others. Hence, the consequences can be negative than positive. Some of them are: Corruption as many professionals can be of corrupt nature and hence can authorise euthanasia in return of money, Child killing foe example children who has some disability or disease which need to be taken care for can be victims of euthanasia, Organ selling is one of the biggest racket on going in India hence, euthanasia will only help it grow, Dowry deaths, mischiefs by any relative for some property, female child killings, high death rate of Senior citizens, etc. CONCLUSION & COMMENTS In conclusion, the euthanasia has quite a legal battle ongoing which is deeply rooted by the principles of various fields such as ethics, morals, law, philosophical etc. Throughout historical judgements we can see that culture and legal system have grappled with the complexities of the euthanasia, while some individuals choose the rights to life some individuals choose right to die. Though many arguments and contentions were placed before various high court and Supreme Court we still do not have proper legislation for euthanasia but in the near future we can have a proper legal guidelines, laws and implementations of such laws. REFERENCES Online sources AC.IN SCC ONLINE.COM COM IPLEADERS BLOGS.COM LEGAL SERVICES INDIA.COM RESEARCH GATE.COM Sources Referred NATIONAL LIBRARY OF MEDICINE: EUTHANASIA: AN INDIAN PERSPECTIVE CENTER FOR LAW & POLICY RESEARCH: EUTHANASIA AND THE RIGHT TO DIE IN INDIA VERYWELL HEALTH: EUTHANASIA AND ASSISTED SUICIDE HAVE IMPORTANT DISTINCTIONS Cases Referred ARUNA SHANBAUG V. UNION OF INDIA (2011) GIAN KAUR V. STATE OF PUNJAB (1996) COMMON CAUSE V. UNION OF INDIA (2014) CHANDRAKAMT NAYANROA TANDALE V. STATE OF MAHARASHTRA (2020) B. KARIBASAMMA V. UNION OF INDIA (2012) Statutes Referred CONSTITUION OF INDIA INDIAN PENAL CODE CODE OF CRIMINAL PROCEDURE THANSPLANTATION OF HUMAN ORGANS ACT UNIVERSAL DECLARATIO OF HUMAN RIGHTS INDIAN MEDICAL COUNCIL’S ACT - [RIGHT TO PRIVATE DEFENCE UNDER CRIMINAL LAW: PROVISIONS, PRINCIPLES AND CASES](https://lawfoyer.in/right-to-private-defence-under-criminal-law-provisions-principles-and-cases/) - Author-M. Yesaswini Sai Nikitha, Dr.B.R.Ambedkar College of Law, Andhra University INTRODUCTION- In India, the Indian Penal Code, 1860 governs crimes, defences and punishments. The general defences and exceptions are explained by Sec.76 to 106 of Chapter –IV, IPC. The concept of right of private defence is also described with relevant provisions from Sec.96 to 106 extensively below the aforesaid chapter. The types, principles and limitations to right of private defence of the person and property were provided in this part of IPC. These sections permit the individuals to use required force against an assailant or wrongdoer to safeguard their own body and property, as well as that of others, when rapid support from the public authorities can’t be taken. In such instances, the persons cannot be made liable for the acts done in self-defence. Self-Help is treated as the foremost principle in law governing crimes. The right of private defence is crucial for any citizen to secure his/her life, liberty or property which is diligently regulated by the law. Keywords : Right of Private Defence, Indian Penal Code,1860, concept of self-defence, In defence of person, In defence of property, limitations, defensive right, Sec.96 to 106 of IPC. Meaning of the right of private defence : Private Defence refers to using unlawful acts to protect oneself, another person, or property or to prevent criminal activity. The right of private defence is considered as inherent right of man. “The term “Body” refers to one’s own physical body or other person body, whereas the “property” indicates both movable and immovable possessions of oneself or of others.”[1] Sec.96 of the IPC elucidates the provision of things done in private defence. The acts done by the individual in the exercise of their right of private defence against the attackers are not considered as offences, only if they fall under the specified criteria. The aforesaid right can be exercised only when there is a forthcoming danger and when aid from the statutory authorities is unavailable. In simple terms, private defence refers to the exercise of actions which are prohibited but performed to protect oneself, another human being or property or to prevent any criminal activity. In this purview, the right of private defence is granted to Indian citizens to endure threats or dangers without delay and secure their bodies. Article-21 of the Constitution of India,1950 guarantees the right to life and personal liberty to all persons, in accordance of this fundamental right, a person can utilise the right of private defence under IPC,1860. Nature of the right of private defence : According to Eminent jurist, Bentham, “A man owes a duty to society to protect person and property of others. It concerns the public safety that every honest man should consider himself as the natural protector of every other.”[2] It is rightly said that the self- help is treated as the best help that a person could do for himself. The ultimate aim of a state is the welfare and protection of the people, but it cannot deploy police officers everywhere to safeguard its citizens from harm or injury. So the state empowers the people to save themselves through the right of private defence. A fundamental duty is imposed on the state to secure public property and renounce public violence by Art.51(a)(i)[3] of the Constitution of India ,1950. The protection of the body and property should often considered as his primary responsibility. In the exercise of his foremost duty, if the person commits any unlawful act it doesn’t generate a reciprocal right of private defence, if that illegal action taken by the defender is in genuine self-defence. In democratic countries, the citizens should be provided with the aforesaid privilege to protect themselves from unavoidable danger when state assistance is unavailable or no reasonable time to take recourse to police authorities. Essential components of the right of private defence : The elements of the right of private defence can be compiled under the following heads: Apprehension of danger: The aforesaid right can be exercised where a reasonable fear of harm or danger arises to a person or other person or property, but the harm must be impending and not merely uncertain and hypothetical. Unlawful act: The right of private defence can be invoked only in defence of an unlawful act by another person that includes assault, criminal trespass, housebreaking, mischief or robbery. Proportionate force: The reasonable force used by a person to defend himself, should be in accordance with the threat faced and the person while defending himself should try to decrease the harm done to the assailant. No alternative remedy: This privilege can be used in a situation when there is no time to take recourse from legal authorities or to seek protection from public authorities. Continuity of the threat: This right can be invoked until the threat or harm continues to exist, but once the harm is ceased, its exercise beyond the threat is not justified. Absence of aggression: While exercising this privilege, to protect oneself from impending danger or harm, the person should not do such acts in aggression and later plead for the right of private defence. No excessive force: The reasonable force used by the defender should not exceed the required force to prevent imminent harm. Interpretation of the Legal Provisions involved : Sec.96 of IPC, 1860 – “Things done in private defence-Nothing is an offence which is done in the exercise of the right of private defence.”[4] Under Sec.96 of IPC, it is explained that all citizens have the right of private defence. However, it is not absolute but qualified by Sec.99 which states that this right will not apply to the case in which more harm is caused than it is actually required to defend himself. The burden of proving that a particular act is done in self defence is on the person who pleads it. The accused can be absolved on the plea of aforesaid right even if not pleaded by the him. The right of private defence, as the name signifies, is an act of defence but not an act of offence. In a free quarrel, when the mutual parties fight, this right cannot be pleaded by any of the parties as both parties are responsible for their actions. Even if the act is result of the aggression of the accused then under the aforesaid privilege, the accused cannot be safeguarded. To know whether the act was committed under self-defence or aggression, the court has to look into the facts and incidents keenly, and should not rely on any unreasonable presumptions. The court may apply any limitations to the case if necessary. A person by merely assuming the probability of threat and without reasonable cause, cannot exercise the defensive right. The distance between the attacker and the accused can also be a deciding factor to determine whether the act is done under aggression or self-defence. There is no certain measuring stick to determine that distance, whether it is done based on the facts and circumstances of the case or not. 97 of IPC,1860- “Right of private defence of the body and of property.—Every person has a right, subject to the restrictions contained in section 99, to defend— (First)— His own body, and the body of any other person, against any offence affecting the human body; (Secondly)— The property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, rob­bery, mischief or criminal trespass.”[5] Sec.97 of IPC, 1860 authorises all the citizens to protect themselves and others from any immediate danger. Further, this provision expressly states that a person can protect his body, property as well as others property, regardless of whether it is movable or immovable, by exercising this right. An individual can protect himself from offences including theft, mischief or criminal trespass, robbery or an attempt to commit the above said offences by exercising this right. Under this section, even a stranger can utilise this privilege to safeguard the body and property of others with whom he is not having any relationship before. 98 of IPC,1860- “Right of private defence against the act of a person of unsound mind, etc.— When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.”[6] Sec.98 of IPC, explains the factors, depending on which the defensive act is not considered as an offence, which would be considered as an offence under normal circumstances. “The determining factors are: Youth Lack of maturity of understanding Unsoundness of mind Intoxication Any misconception existing on the part of the attacker.”[7] So if the act is performed by an individual under the above factors, in such instances this right can be invoked. This section further states that in the exercise of this right, the physical or mental capacity of the person, against whom the right is exercised, is not considered as a bar to its exercise. Therefore, one can utilise this privilege against the attackers regardless of their motive, legal status or any other exception, only when there is an actual fear of threat or harm. 99 of IPC,1860- “Acts against which there is no right of private defence.— There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law. There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law. There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities. Extent to which the right may be exercised.—The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.”[8] Limitations to exercise of the right of private defence: Sec.99 of IPC provides the extent to which the right can be exercised and the restrictions on exercise of this privilege. The limitations can be explained as: (1)“The right of private defence cannot be exercised if the act doesn’t result in real apprehension of death or grievous hurt. (2) This right can’t be invoked in the case where the act is done or attempted to be done by a public servant acting in good faith during his official duty. (3)The right of private defence cannot be exercised when the act is performed under the direction of public authority in good faith while discharging his lawful duty. (4)This right can’t be invoked when there is a reasonable time to take recourse to public authorities.”[9] In this section, good faith, defined under Sec.52[10] of IPC,1860, is treated as the deciding factor to consider whether the act done or attempted to be done by the statutory authority or under the direction of public authority falls under Sec.99 or not. The extent to which the right may be invoked is discussed in this section. This privilege can be exercised only in a situation where the act by the attacker is treated as a specified offence under IPC,1860 or otherwise as stated under any other circumstances. The right can be invoked in the case when the assailant’s act results in actual fear, threat or danger and that danger should be real, impending or resulting in criminal activity. The privilege is itself defensive but not for the sake of imposing punishment or retribution. This right cannot be exercised to shield an act of aggression of the accused. This privilege cannot be invoked in a situation where there is reasonable means and time to seek protection from public authorities. Sec.100 of IPC,1860- “When the right of private defence of the body extends to causing death.— The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:— (First)— Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; (Secondly)— Such an assault as may reasonably cause the apprehen­sion that grievous hurt will otherwise be the consequence of such assault; (Thirdly)— An assault with the intention of committing rape; (Fourthly)— An assault with the intention of gratifying unnatural lust; (Fifthly)— An assault with the intention of kidnapping or abduct­ing; (Sixthly)— An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release. (Seventhly)— An act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act.”[11] Under Sec.100 of IPC, this privilege safeguards the accused whose defensive act resulted in death or grievous hurt to the assailant. “But this Sec.100 shall be applicable if it falls under the following circumstances: Assault that reasonably causes the real apprehension of death. Assault that reasonably causes the real apprehension of grievous hurt. Assault to commit rape. Assault to gratifying lust. Assault with the intention of kidnapping or abducting. An assault with the intention of wrongfully confining a person in the circumstances making the person not to take recourse to any public authority. An act of throwing acid or attempt to administer the acid causing reasonable apprehension of grievous hurt.”[12] Essentials of Sec.100 of IPC, 1860: To utilise this right under Sec.100, the essential factors are The defender must not be at any fault like aggression while taking the self-defence. There must be apprehension of imminent, actual and real harm or danger. No other means and time to take recourse to statutory authorities. There is no other option rather than defending the attacker. Sec.101 of IPC, 1860- “When such right extends to causing any harm other than death.— If the offence be not of any of the descriptions enu­merated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restric­tions mentioned in section 99, to the voluntary causing to the assailant of any harm other than death”[13]. This section explains that if the prohibited act cannot be brought under the factors stated in the earlier provision, the right of private defence can’t be extended to an act causing death or grievous hurt, but extends to the acts other than causing death specified under Sec.99. Sec.102 of IPC,1860- “Commencement and continuance of the right of private defence of the body.— The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the of­fence may not have been committed; and it continues as long as such apprehension of danger to the body continues.”[14] This section explains that the aforesaid privilege can be utilised as soon as the reasonable fear for the harm or injury of the act starts to exist, even if the act resulting harm was not yet committed. The self-defence can be exercised until the act inflicting harm ceases. But it is crucial that the actual attack must take place and the harm arising out of it must be immediate. Sec.103 of IPC, 1860 –“When the right of private defence of property extends to causing death.— The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely:—(First)— Robbery; (Secondly)— House-breaking by night; (Thirdly)— Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwell­ing, or as a place for the custody of property; (Fourthly)— Theft, mischief, or house-trespass, under such circum­stances as may reasonably cause apprehension that death or griev­ous hurt will be the consequence, if such right of private de­fence is not exercised.”[15] Sec.103 of IPC, 1860 provides the right of private defence of property extending to cause death. The act done in self-defence of property within the limitations specified in Sec.99 causing death of the attacker is allowed under this provision if the act can be brought under some conditions. These circumstances include robbery, house-breaking by night, mischief by fire committed on any building, tent or vessel that is considered as a human dwelling place, mischief, theft, or house-trespass that raises a rational fear of causing death or grievous hurt. Sec. 100 of IPC explains that the aforesaid right can be used by a person to secure his or some others body, whereas Sec.103 of IPC describes about right of an individual to defend his or others property.This right cannot be exercised against the person who has the title or possession over that property. Sec.104 of IPC,1860-“When such right extends to causing any harm other than death.— If the offence, the committing of which, or the attempt­ing to commit which, occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrong-doer of any harm other than death.”[16] According to this section, the above said right upon property cannot be extended to cause death or grievous hurt, but applied in case of theft, criminal trespass and not under any conditions mentioned in the previous provision. However, it is subjected to the limitations prescribed under Sec.99. As per Sec.104, if the defender while utilising this privilege causes death or grievous hurt of the attacker then he is liable under Sec.304 of IPC. Sec.105 of IPC,1860 - “Commencement and continuance of the right of private defence of property.— The right of private defence of property commences when a reasonable apprehension of danger to the property com­mences. The right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered. The right of private defence of property against robbery contin­ues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal re­straint continues. The right of private defence of property against criminal tres­pass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief. The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.”[17] This section provides about that the commencement and continuance of right depends on the nature of the act. The time period for the privilege to be utilised and the specified acts for exercising the right are summarised as follows: “In the case of criminal trespass or mischief, the right of private defence continues as long as the offender is engaged in the commission of trespass or mischief. In the case of robbery, the right of private defence continues as long as the offender is causing or attempting to cause death, hurt, or wrongful restraint to any person. In the case of theft, the right of private defence continues until the offender has retreated with the property, until assistance from public authorities is obtained, or until the property has been recovered. In the case of house-breaking by night, the right of private defence continues as long as the house trespass, which began with the act of house-breaking, continues.”[18] The right of private defence can be exercised only if there is no reasonable time to seek protection from statutory authorities, and once a trespasser gets the lawful possession of that property, the right of private defence can’t be exercised by the person who has the possession till then. Sec.106 of IPC,1860- “Right of private defence against deadly assault when there is risk of harm to innocent person.— If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.”[19] This provision empowers a citizen to protect himself by using this right against a group of attackers or a mob. This privilege can also be exercised by an individual even though the group consists of fault less people involving reasonable possibility of harm or injury to the defender. So causing harm to innocent people who are not involved in the attack is not a bar to the defender to save his life by exercising this right. Relevant Case Laws : 96 of IPC - In Thangavel case[20], it is highlighted that the common proverb or principle that “necessity knows no law” cannot be applied to modern jurisprudence. It is also stated that even though the right of self defence is inherent it should not be utilised in such a way disturbing others rights. It prevents the persons from expressing their aggression against innocent people in the name of self-defence. In the case of Laxman Vs. State of Orissa[21], it was held that the aforesaid right is available only to one who is suddenly encountered with the prompt necessity of averting an imminent danger but not of his own creation. In the case of Gordhan Vs. State of Rajasthan[22] , the court ruled that the plea for the right of private defence should not be readily assumed merely because the accused had suffered meagre injuries. 97 of IPC - Right of private defence to be pleaded- In the case of Munshi Ram Vs. Delhi Administration[23], it is explained that generally, the accused must plead for the above said right, but even if he does not plead for self-defence, it is open to the court to consider the plea of private defence if it arises from materials on record. In defence of person – In the case of Sonelal Vs. State[24], the Apex Court held that the right of private defence begins when there is reasonable apprehension about the injury to the human body. In the case of Kishan Vs. State of M.P.[25], the court decided that Mere intimidation will not constitute a valid ground for the exercise of the right of private defence and to use this privilege he should not be an aggressor. In defence of property-The Supreme Court in the case of State of U.P. Vs. Niyami[26], ruled that the aforesaid right is used not only to protect oneself but also for securing the body or property of others. 99 of IPC - In the case of Emperor Vs. Mammun[27], a group of five individuals armed with weapons, who were accused in the present case, attacked a person who was cutting rice from their field, consequently, he got severely injured and died. The accused pleaded for the right of private defence, but the court dismissed it on the ground that there is a reasonable time to seek protection from police authorities under Sec.99. 100 of IPC – In the case of State of Orissa Vs. Nirupama panda[28], there was a quarrel took place between the accused and the deceased as he entered her house to rape her, consequently, she stabbed him and he died. The accused pleaded for the right of private defence and the court held she was not guilty of the offence. 102 of IPC- In the case of Sitaram Vs. Emperor[29], the court decided that the person could exercise this defensive right until he finds himself secured from danger. 103 of IPC- In the case of Jagan Ram Vs. State[30], the court ruled that the defender need not be the owner of the property in order to use this privilege, however the same can’t be pleaded when the act is done under aggression. New Legislation in the recent period : Recently the Bharatiya Nyaya Sanhita bill was passed by the Parliament in December, 2023 and it also received the President’s assent and was enacted in December, 2023. This Act will come into force from 1st July, 2024. This new Criminal Act replaces the Indian Penal Code which was enacted in 1860. After coming into force, this new act governs the offences, punishments, and exceptions in India. Chapter-3 of Bharatiya Nyaya Sanhita, deals with the General Exceptions. Under this part of General Exceptions, the right of private of defence is covered from Sec.34 to 44. CONCLUSION- In my opinion, this right of private defence can be considered like armour granted to the citizens by Indian Penal Code, 1860. But in this exercise of this right, the citizens must also be aware of its limitations so that the misuse of the privilege can be mitigated. The concept of “self-help is the best help” that a person can do to himself is strongly reflected in the concept defensive right. There are some determining factors like reasonable apprehension of real harm or imminent danger by an attacker, no reasonable time to take recourse to the statutory authorities, and act should not be performed under aggression to use the aforesaid right. So, this right should be effectively utilised by the Indian citizens for defending themselves or their property or that of others. However, there are some difficulties in determining the case under this right, the proportionate force should be used while protecting and whether the act was performed in good faith or not. In spite of all this, the right of private defence is a good right granted to the people for their self-defence. REFERENCES- Books / Commentaries / Journals Referred : N.V.Paranjape, Indian Penal Code ,p.no.143(Central Law Publications, 4th edition, Prayagraj, 2019). S.N.Misra, Indian Penal Code, p.no.214 and 219 (Central Law Publications,12th edition, Allahabad,2004). Online Articles / Sources Referred : https://lawbhoomi.com/private-defence-in-ipc/ https://www.legalserviceindia.com/article/l470-Private-Defence.html https://blog.ipleaders.in/to-what-extent-can-you-exercise-your-right-of-private-defence/ https://indiankanoon.org/doc/1569253/ Cases Referred : Thangavel Case. Laxman Vs. State of Orissa, AIR 1988 SC 83. Gordhan Vs. State of Rajasthan, 1987 Cri.L.J.541(Raj.) Munshi Ram Vs. Delhi Administration, AIR 1968 SC 702 Sonelal Vs. State, AIR 1981 SC 1379 Kishan Vs. State of M.P. , AIR 1975 SC 244 State of U.P. Vs. Niyami , AIR 1987 SC 1652 Emperor Vs. Mammun Case. State of Orissa Vs. Nirupama Panda , 1989 CRILJ 621. Sitaram Vs. Emperor, 1973 SC 473 Jagan Ram Vs. State, 2014 CrLJ NOC 483. Statutes Referred : Indian Penal Code,1860 [1] Private Defence in IPC. (2023, June 24). LawBhoomi. Retrieved March 4, 2024, from https://lawbhoomi.com/private-defence-in-ipc/ [2] Principles of the Penal Code, p.269 [3] Art.51(1)(a). (n.d.). Indiankannon. Retrieved March 4, 2024, from https://indiankanoon.org/doc/854952/ [4] Indian Penal Code,1860. (n.d.). Indiankannon. Retrieved March 4, 2024, from https://indiankanoon.org/doc/777353/ [5] Indian Penal Code,1860. (n.d.). Indiankannon. Retrieved March 4, 2024, from https://indiankanoon.org/doc/1499794/ [6] Indian Penal Code,1860. (n.d.). Indiankannon. Retrieved March 4, 2024, from https://indiankanoon.org/doc/1159920/ [7] Private Defences in IPC,1860. (2023, June 24). LawBhoomi. Retrieved March 13, 2024, from https://lawbhoomi.com/private-defence-in-ipc/ [8] Indian Penal Code,1860. (n.d.). Indiankannon. Retrieved March 4, 2024, from https://indiankanoon.org/doc/650803/ [9] Indian Penal Code ,1860. (2023, June 24). LawBhoomi. Retrieved March 4, 2024, from https://lawbhoomi.com/private-defence-in-ipc/ [10] Indian Penal Code,1860. (n.d.). Indiankannon. Retrieved March 4, 2024, from https://indiankanoon.org/doc/1180351/ [11] Indian Penal Code,1860. (n.d.). Indiankannon. Retrieved March 4, 2024, from https://indiankanoon.org/doc/714464/ [12] Private Defences in IPC,1860. (2023, June 24). LawBhoomi. Retrieved March 13, 2024, from https://lawbhoomi.com/private-defence-in-ipc/ [13] Indian Penal Code,1860. (n.d.). Indiankannon. Retrieved March 4, 2024, from https://indiankanoon.org/doc/399205/ [14] Indian Penal Code,1860. (n.d.). Indiankannon. Retrieved March 4, 2024, from https://indiankanoon.org/doc/1985227/ [15] Indian Penal Code,1860. (n.d.). Indiankannon. Retrieved March 4, 2024, from https://indiankanoon.org/doc/860501/ [16] Indian Penal Code,1860. (n.d.). Indiankannon. Retrieved March 4, 2024, from https://indiankanoon.org/doc/1409246/ [17] Indian Penal Code,1860. (n.d.). Indiankannon. Retrieved March 4, 2024, from https://indiankanoon.org/doc/1944062/ [18] Indian Penal Code,1860. (2023, June 24). LawBhoomi. Retrieved March 4, 2024, from https://lawbhoomi.com/private-defence-in-ipc/ [19] Indian Penal Code ,1860. (n.d.). Indiankannon. Retrieved March 4, 2024, from https://indiankanoon.org/doc/1606852/ [20] Thangavel Case. (2023, June 24). LawBhoomi. Retrieved March 5, 2024, from https://lawbhoomi.com/private-defence-in-ipc/ [21] AIR 1988 SC 83 [22] 1987 Cri. L.J. 541 (Raj.) [23] AIR 1968 SC 702 [24] AIR 1981 SC 1379 [25] AIR 1975 SC 244 [26] AIR 1987 SC 1652 [27] Emperor vs. Mammun Case. (2023, June 24). LawBhoomi. Retrieved March 5, 2024, from https://lawbhoomi.com/private-defence-in-ipc/ [28] 1989 CRILJ 621 [29] 1973 SC 473 [30] 2014 CriLJ NOC 483 - [REMEDIES AGAINST DOMESTIC VIOLENCE UNDER PROTECTION OF DOMESTIC VIOLENCE ACT,2005](https://lawfoyer.in/remedies-against-domestic-violence-under-protection-of-domestic-violence-act2005/) - Author-Choppali Venkata Kalyani, Dr. B.R. Ambedkar College of Law, Andhra University INTRODUCTION: Simply, this act is called (DV) Domestic violence. It is not a social issue; doubtlessly, it considered as a violation of fundamental rights. Here, Right to life and personal liberty, ,Right to speech and expression of the Indian Constitution are infringed. This act has 37 sections; it came into force on 26 October 2006. From Ancient days, it has existed in society. Women from every social background, disregarding of their religion, caste, or class, are victims of domestic violence. Most people think that it was not there in the society, but it is invisible. Mostly victims are coming from villages when compared to cities, a tiny of cases are reported. Married women face this kind of violence more than normal women. Lack of education and poverty are the main causes. In India, 30% of people are facing this Issue .The Vienna Accord of 1994 and Beijing Declaration of 1995 have suggested. When a woman is experienced to cruelty by her husband or relatives, it is considered an illegal/unlawful act. In order to protect women from domestic violence in society, the United Nations recommended the Committee on Convention and Elimination of all forms of Discrimination Against Women (CEDAW) suggested the act. It is responsibility to every state to safeguard female from this act. Then government introduced this act. This act provides remedies, medical facilities, shelter homes, and protection to the victims. It appoints service providers and protection officers to take care of the petitioners. It is a civil law. sections 18,19,20,21,22,23 speaks about remedies. Keywords(Minimum 5): Domestic Violence Women Fundamental rights Physical abuse Remedies Husband cruelty Human Rights Meaning of Domestic violence: When a woman is experienced to cruelty by her husband or relatives of her husband, it is called as domestic violence. It refers when one mate tries to take control of the other spouse, telling them what to wear, how to wear it, and where to go. It is also called as 'intimate partner violence.' It is a forcibly action that happens inside the home can apply to women, mothers, daughters, women those who are in living relationships, and those in long-standing relationships with sex workers. Definition of Domestic violence: (a)Section 3 of the Domestic violence Act, 2005 defines as follows- Section 3 of DV speaks about it forms: PHYSICAL ABUSE: Any act which is done by a defendant against petitioner which must cause bodily pain, harm, endanger the life of the aggrieved person /likely to do it includes assault, criminal intimidation, criminal force. SEXUAL ABUSE: If anything done by a respondent against the petitioner which insults the character of women or violates the dignity of a woman it comes under sexual abuse. VERBAL ABUSEAND EMOTIONAL ABUSE: If any action done by the respondent /humiliates the woman and repeatedly he spoke about not to having a male child, if he creating any threat against petitioner /any person whom the petitioner is intrested. ECONOMICAL ABUSE: Destitution of all or economic, financial to which the aggrieved person is entitled. Throwing away the household effects any property whether it is movable /immovable, shares, fixed deposits which are belongs to the aggrieved person. Banning to continued access to facilities which are available to the aggrieved person which includes the shared house hold. Historical Background / Evolution: In ancient days there is no separate act, remedies, legislations it is considered as a criminal law in previous days there is a relief in Indian Penal Code 1860 Section 498A speaks about cruelty by husband, it is considered as a civil law. Comparison with other Countries : It is a universal problem faced by all over the world regardless their caste, creed, religion etc. The UN conducted a survey and revealed that it exists in 71 countries. It is a common problem in the United States, with one in four women and one in nine men meet domestic violence with their spouses. The US government has enacted the Violence Against Women Act (VAWA) for the protection of women from this social Evil .In the UK, two million adults experienced per year. They have also implemented laws for protection. The main causes of this are poverty, lack of education, and lack of understanding between partners. Causes : The main causes of DV are lack of education, poverty, misunderstandings between the spouses, societal attitude towards gender roles, mental health issues, substance abuse, lack of stringent punishments, cultural and social factors, dowry, alcoholism, historical causes, low IQ, etc. Forms : Section 3 of DV speaks about it forms: PHYSICAL ABUSE: Any act which is done by a defendant against petitioner which must cause bodily pain, harm, endanger the life of the aggrieved person /likely to do it includes assault, criminal intimidation, criminal force. SEXUAL ABUSE: If anything done by a respondent against the petitioner which insults the character of women or violates the dignity of a woman it comes under sexual abuse. VERBAL ABUSEAND EMOTIONAL ABUSE: If any action done by the respondent /humiliates the woman and repeatedly he spoke about not to having a male child, if he creating any threat against petitioner /any person whom the petitioner is intrested. ECONOMICAL ABUSE: Destitution of all or economic, financial to which the aggrieved person is entitled. Throwing away the household effects any property whether it is movable /immovable, shares, fixed deposits which are belongs to the aggrieved person. Banning to continued access to facilities which are available to the aggrieved person which includes the shared house hold. Legal Provisions and interpretations: According to section 5 of the this act the aggrieved person can file a suit to claim which type of remedies are available to her like compensatory orders, monetary reliefs , protection orders, custody orders, residence orders. Section 18 protection order: If the court is satisfied that domestic violence has taken place, then the forum issues the protection order in favour of the aggrieved person. The magistrate gives a warning to the respondent that they are banned from certain actions: (a) performing any type of domestic violence, (b) assisting in acts of domestic violence, (c) the respondent does not have a chance to enter the victims home, (d) the respondent should not communicate with the petitioner, (e) the respondent should not separate the property, bank lockers, or cheques that belong to the aggrieved person, and (f) the respondent should not cause any harm to the petitioners relatives .Case law: Smt.Rinamukharjee&Ors.v.state of West Bengal &Anr.AIR 2009(NOC)2841 (cal)[1] Section19 Residence orders:The magistrate can grant a residence order in favour of the aggrieved person. (a) stop the respondent from depriving the property which belongs to both. (b) The court commanded respondent to remove himself from the shared household. (c) The court directed the respondent should not enter the premise[2]s of the victim's home or any relatives of the victim. Not only this, the court imposes additional directions prohibiting certain actions against the petitioner as mentioned in the above section. Case law:Rakesh vs Rajnesh @Manto,2011(4) WLC (Raj) 21 Section 20 Monetary reliefs: The court may directed the respondent to pay monetary relief to meet the expenses which are occurred due to the act of domestic violence by the respondent, He should pay the compensation in the following cases: if the petitioner lost their employment because of the domestic violence caused by the respondent, the replier should pay the expenses, The petitioner should pay the medical expenses, The loss happened because of the petitioner, The respondent should pay the maintenance according to the section 12 of CRPC. The monetary relief granted by the court it should be sufficient, equitable and reasonable. The payments should pay by monthly basis, lumpsum, yearly basis. The respondent should pay the expenses /maintenances under sub section(1). If the respondent failed to pay the monetary relief which was granted by the court then the forum, ordered the employer of the replier and the salary was given to the aggrieved person/magistrate. Case law:Rajesh kumarvs.safurabai&ors.AIR2009(NOC)813(chh.)[3] Section 21 Custody orders: The court provides the custody order for the child. If the respondent requests the magistrate during the hearing, then the magistrate may pass the order for visitation with the children. If such meet is dangerous to the children or petitioner, the forum can refuse such visits at any time. Case law:oliver Menezes v.Seritatheresemathias (2021) Section 22. Compensation orders: Furthermore the compensation order should be granted by the court application being made by the petitioner , the respondent should pay compensation, damages and injuries which are caused by the respondent. Power to grant interim and ex parte orders.—(1) “In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper. (2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent”.[4] What is said in Section 23? If the court is satisfied that the application being made under Section 12 is proper, then the court can pass the interim order/ex parte order. If the court is satisfied that an act of domestic violence has really been done, then the court can pass the ex parte order/interim order against the respondent. Case law: Abhijit Bhikaseth Auti vs. state of maharastra&Anr.AIR 2009 (NOC) 808 (bom.)[5] Essentials : There should be control over the other spouse. (2) It includes a pattern of abusive Behaviour over the spouse by the respondent. (3) The respondent tries to gain power over the other spouse in a domestic relationship. (4) Both spouses should be in a domestic relationship; what type of requirements are included in section 2(f) of the DV Act, 2005. Case Laws : (1)V.D. Bhanot vs. Savitha bhanot ,(2012): In the above case, they got married in the year 1980. The wife ran off from her marital home. The respondent filed a suit under Section 12 of the DV Act. The magistrate granted interim relief to the replier, and the forum passed protection orders under Section 18. Again, the husband filed a suit to remove his wife from his quarters. The court room said that she has to reside on the 2nd floor while she is living on the 1st floor. The opinion of the bench did not satisfy the respondent. Therefore, she went for an appeal in the High Court, but the application was denied by the Sessions Court because the marriage was solemnized in 1980, while this act came into effect in 2005, and it does not have retrospective effect. Finally, the court of law held that the main intention of the act was to protect women from domestic violence, so the judgment was given in favour of the litigant. (2) Bibi parwanakhatoon vs. State of bihar,(2017) In this case, the wife died by being set on fire by her husband and her in-laws due to dowry demands. The suit was filed by the wife's family members against the husband and in-laws. According to the circumstances of the case, the High Court ruled in favour of the husband and in-laws. Again, the victim's sister-in-law appealed to the Supreme Court. Can “Neither it be proven, based on circumstantial evidence, that the Appellants had any common intention with the deceased’s spouse in the commission of the crime.formerly resided in a separate village.” Furthermore, it is abundantly obvious from the documented evidence.” (3) Inder raj malik vs. Sunitha Malik(1986) Here, the wife has been ill-treated by her husband and mothers-in-law during festival days. They ordered the appellant to bring more and more money and items as dowry, and they tortured her especially during festivals. They demanded that she sell her property. The victims' relatives then filed a petition, and the court decided that, according to Section 4 of the Dowry Prohibition Act, 1961, and Section 498A of the IPC, the respondent is held guilty. Amendments: The Protection of Women from Domestic Violence Act was enforced by the parliament on October 26, 2006. Later, it was introduced by the parliament in the year 2022 but it remains as a bill. So, there have been no amendments to this act. Statistical Analysis : In India, 32% of married women are victims of domestic violence (sexual abuse 6%, verbal abuse, emotional abuse 14%) by their husbands during their lifetime. West Bengal state reported the highest number of cases of cruelty against women by their husbands in 2021, according to the NCB. Future Implications: There should be implications and formulations in the Domestic Violence Act of 2005. Even though we have stringent punishments, domestic violence is happening in society. We need to amend certain provisions in the DV Act of 2005. The punishments should be more stringent. There are many unreported cases; therefore, there should be a committee/commission to scrutinize the rural areas, because most domestic violence cases are reported in rural areas compared to urban areas. CONCLUSION& COMMENTS: I think this act has been working well in both rural and urban areas. When compared to urban areas, it must be formulated better in the rural areas. The remedies available to women, like monetary, compensatory, custody, should be implemented properly. The duties of the protection officers were not adequate; in fact, they are working really hard. The service providers' duty was very good. But the provisions of this act have been misused by some women in society, so I would like to determine if there are real victims or not. Some of the women are seeking revenge on their husbands by using the provisions of this act. REFERENCES Books / Commentaries / Journals Referred bare act published by the commercials law publishers (INDIA) pvt.ltd Crimes against women and children. Editors: Asha Shukla Jaya phooka Publications serials publications Pvt ltd.newdelhi ( India) 2015 Law relating to women Online Articles / Sources Referred: https://blog.ipleaders.in/the-protection-of-women-from-domestic-violence-act-2005/ https://www.indiacode.nic.in/bitstream/123456789/15436/1/protection_of_women_from_domestic_violence_act%2C_2005.pdf https://thelawcommunicants.com/domestic-violence-in-the-uk-usa-russia/v https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10403108/#:~:text=In%20India%2C%2032%25%20of%20ever,%2C%20and%20sexual%20(6%25) Cases Referred: rinamukharjee&Ors.v.state of westbengal&Anr.AIR 2009(NOC)2841 (cal) Rakesh vs rajnesh @Manto,2011(4) WLC (Raj) 21 Rajesh kumarvs.safurabai&ors.AIR2009(NOC)813(chh.) (4) oliver Menezes v.Seritatheresemathias (2021) AbhijitBhikasethAuti vs. state of maharastra & Anr.AIR 2009 (NOC) 808 (bom.) d. bhanot vs. savithabhanot ,(2012): rajeshkumar&others vs.The state of up,2017. (8) Bibi parwana khatoon vs. State of bihar,(2017) inder raj malikvs.sunita malik(1986) Statutes Referred : Domestic Violence Act,2005. Domestic Violence rules,2006. Code of Criminal procedure,1973. Indian Penal Code,1860. [1]AIR 2009(NOC)2841 (cal)[1] [2] 2011(4) WLC (Raj) 21 [3] AIR 2009(NOC)813(chh.)[3] [4]https://indiankanoon.org/doc/207919/ [5]AIR 2009 (NOC) 808 (bom.)[5] - [CRIMINOLOGY: MEANING, DEFINITION, PROVISION, PRINCIPLES AND IMPORTANT CASES](https://lawfoyer.in/criminology-meaning-definition-provision-principles-and-important-cases/) - Author-Hiteishi Sharma, Smt. KG Shah Law School/SNDT University INTRODUCTION The field of Criminology primarily deals with understanding the characteristics, causes, and consequences of criminal behaviour, as well as the creation, assessment and evaluation of criminal justice policies and systems. Criminology and criminal justice are related fields that share some commonalities, but they have distinct focuses and approaches. Criminology primarily involves studying the underlying factors that contribute to crime, whereas criminal justice is more concerned with the systems and processes that address crime. Criminology involves developing theories to explain crime and its causes; criminal justice applies these theories into practice. Keywords (Minimum 5): Crime, legal maxims, Sections, Practice, Criminals, Reports, Victims, Definition &Meaning “Criminology is the analysis of the nature of crime, the perpetrators of crime, the causes of crime, the formulation of criminal laws and law enforcement and the ways that crime can be controlled[1]” Nature Different aspects often intertwine and complement each other in the pursuit of understanding crime and criminal behaviour: Interdisciplinary: Criminology draws from various disciplines such as sociology, law, psychology, biology, economics, and anthropology, as each offers unique perspectives and insights into the complexities of crime and criminal behaviour. Empirical: Empirical research is crucial in criminology, as it involves gathering real-world data and evidence to study criminal behaviour and the criminal justice system. This approach enables criminologists to identify patterns, test theories, and develop evidence-based policies and interventions. Applied: Criminological research is often applied to real-world problems, aiming to improve public safety, inform criminal justice policies, and reduce recidivism. Scope Criminology is a complex and multifaceted field as it aims to understand the criminal behaviour its causes, and consequences. It also focuses on finding solutions to prevent and control crime. Here are three main areas mentioned below: Causality of Crime: It involves examining the factors that contribute to criminal behaviour, such as biological, psychological, social, and environmental influences. Penal System: Criminology looks after the functions of the criminal justice system, encompassing aspects of law enforcement, courts, and correctional facilities. It includes understanding the effectiveness of various policies and practices, such as probation and rehabilitation programs. Their goal is to improve the penal system and to make it more efficient, fair, and humane. Criminal Reform and Crime Prevention: A significant part of criminology is dedicated to finding ways to prevent crime and reform criminals. This includes developing and implementing crime prevention strategies, such as community policing, education, and awareness programs. Importance of criminology Diminish criminality: "A disease known is half cured[2]". Criminology assesses the mindsets of criminals to understand the reasons behind their actions, and various factors that influence them. By understanding the reasons behind criminal behaviour, criminologists can develop effective strategies to potentially deter individuals from engaging in criminal activities, and appropriately allocate resource for crime control. Reforms of criminals: Criminology indeed plays a significant role in developing effective rehabilitation programs for individuals who have committed crimes. Criminologist design tailored treatment plans that focus on reformation and rehabilitation. This ultimately contributes to reducing recidivism rates and helps to reintegrate criminals back in society and lead law abiding lives. Reduction in crime: Studying crime is a crucial aspect of understanding its underlying factors and contributing elements. By analysing these causes, criminologists can aid policy makers develop more effective crime reduction policies and initiatives that address the root cause of crime, ultimately promoting a safer society. Enhancing the Criminal Justice System: By examining various components of the system, like law enforcement, courts, prisons, rehabilitation programs, etc. criminologists help identify areas of improvement, develop efficient and fair methods, and promote fairness, fostering public trust and ensuring justice is both served and perceived as fair. Criminological Theories Demonic Perspective Also known as the "Demonic Possession Theory", this was the very first theory of criminology, and was the only theory till the 17th century. People believed that crime was caused, not as a result of one's free will, but by supernatural forces, such as demonic possession. Extreme measures (torture/death) were carried out, in public, in the belief it would erase any trace of demonic influence, and re-align the community with God. A well-known case that involves demonic possession as a potential explanation for crime is the infamous case of the "Devil's Disciple" - Albert Fish was a notorious American serial killer, who admitted to committing heinous crimes such as child kidnapping, sexual assault, homicide, and cannibalism. He felt that he was controlled by demons, which led to his appalling behaviour Classical Theory (Cesare Beccaria, 1764) This hypothesis proposes that people endeavour to enhance their personal well-being, and reduce discomfort. They would abstain from engaging in criminal activities solely if the punishment was prompt, definite and stringent. For example, if the punishment for stealing a vehicle is severe enough, a potential thief would most likely not steal it. But if the punishment is perceived as too lenient, the individual might be more inclined to commit theft. Positivist Theory (Cesare Lombroso, 1876) Lombroso contended that minds of criminal are formed by heredity, and these individuals could be identified by physical characteristics and imperfection, i.e., people committed crimes because they were so called "genetic throwbacks" (this is similar to racial profiling, which currently is present in the media and entertainment, wherein people of a certain skin colour are generally shown as criminals or "the bad guys"). Anomie Theory and Strain Theory (Merton, Rosenfeld & Messner, 1938) The Anomie Theory suggests that crime occurs due to the nation's heightened emphasis on the economic aspects, as opposed to other values and principles. This hypothesis is supported by studies that demonstrated a correlation between lower crime rates in communities which prioritized other ideals, such as family, education and religion. Offenders are driven by financial achievements and cultural aspirations (which they could not achieve through conventional, legal means), and, at the same time, look legitimate. On the other hand, the Strain theory is quite the opposite - it suggests that people commit crimes due to their inability to achieve their objectives, but they are not driven by cultural aspirations and financial prosperity - they resort to crime as a last means in response to the strain being experienced at that time. For example, to provide for their family, or funds for medical treatment, etc. Indian movies are replete with scripts wherein a child commits theft (of food/money/medicine) to provide for his dear ones (Strain Theory), and later is motivated for monetary success (Anomie Theory) Differential Association (Sutherland and Cressey, 1939) This theory proposes that criminal behaviour is mainly passed on through personal communication and interactions between people. This theory is related to organized crime, seen with mobs, mafia and gangs. For example, children associating with other delinquent children tend to have a higher chance of adopting delinquent behaviour themselves, as they learn from such actions. The environment in which children are nurtured also influences criminality. White Collar Crime (Sutherland, 1939) Sutherland formally defined white-collar crimes as “a crime of deceit committed by a person of high social status and respectability in the course of his occupation.” White collar crime also encompasses offenses perpetrated by corporations and other legal entities also. Examples include fraud, money laundering and embezzlement. Deterrence Theory (Stafford & Warr, 1968) This theory is similar to classical theory, but the deterrent here is that offenders don't want to do with the punishment. There exist two different categories of Deterrence - Specific Deterrence is: when you commit a crime, you are punished, so you don’t repeat (for e.g., you are caught speeding, and are penalized. So, you avoid speeding the next time) General Deterrence is: when someone else commits a crime, that someone is punished, so you don’t commit that crime (for e.g., someone else is caught speeding and penalized; you observe this and eye your speedometer to ensure you are within the speed limit) Broken Windows Theory (Wilson and Kelling, 1982) This theory aims to explain the reasons why certain urban zones and residential districts experience an increase in criminal activities. The phrase "broken windows" symbolizes disarray in neighbourhoods, suggesting that minor disruptions and impolite behaviour within a community can result in more severe criminal activities in the future. According to this theory, when a window pane in a building is broken and remains unfixed for long duration of time, it signals that no one cares about the area, and does not discourage others from breaking more windows. Going further, it indicates that there is no one around, and encourages theft, and can also attract disreputable people. And so, the house spirals into decline. The theory suggests that if communities and law enforcement agencies focus on fixing broken windows, cleaning up litter, and addressing other signs of disorder, to deter disreputable people from coming in, it can create a sense of pride and safety among residents. Collective Efficacy (Sampson, Raudenbush & Earls, 1997) This theory is a form of informal social control, suggesting social cohesion and trust within a community would reduce crime - Crime would be higher in areas where there was low residential stability (for e.g., tenants living on rent, for short durations), vis-a-vis residents staying in the neighbourhood for long periods of time, and bonding together. This bonding translates into the willingness of neighbours to intervene in problematic situations, look out for one another, reporting suspicious activities and maintain a sense of order and safety. Routine Activities Theory (Cohen & Felson, 1979) This theory is based on the premise that a combination of three circumstances instigate criminal activity – a motivated perpetrator, a susceptible target and absence of competent guardianship. As the name says, Routine Activities Theory focuses on our routine. For example, if one routinely goes for a morning walk, this (routine) would increase his chances of being a suitable target. If the husband and wife both go to their daily jobs, this could be leveraged by an offender to commit a house theft. So, in this latter example, the house would be a prime target, while the absence of an anti-theft system would be the lack of capable guardianship. All that the intruder requires, is motivation! Rational Choice Theory (Cornish & Clarke, 1986) This theory considers people to be rational beings, and offenders take a rational decision, based on previous experience, reliable information, first hand surveillance, and weigh out pros and cons in deciding whether they want to engage in crime, and exactly what type of crime they want to engage in. This theory differs from classical theory, in that they make rational decisions based on facts, and weighing pros and cons vis-a-vis being deterred from offending because the punishment is swift, certain and severe. For example, Rational Choice Theory, when applied to a bank heist, demonstrates the strategic and calculated approach of criminals, assessing various factors such as the potential rewards, risks involved, chances of success, and potential consequences. Modern Evolutionary Theory (Ellish & Walsh, 1997) According to this theory, certain advantageous traits and behaviour that enhance an individual's chances of survival and reproduction can evolve over generations. This may increase the likelihood of success in criminal activities, as these traits might provide a survival advantage in certain environments. Radical Criminology (Schwendinger, 1970) Based on Marxist idea, this theory states that laws are established by the influential individuals to serve their own advantage, by suppressing the general population, resulting in crime being caused due to the large difference in wealth and power. Legal Provisions The Indian Juvenile Justice (Care and Protection of Children) Act, 2015 The law emphasizes care, protection, and rehabilitation, treating juveniles differently from adults. It provides support like counselling, education, vocational training, and establishes separate Juvenile Justice Boards and Child Welfare Committees for handling juvenile cases. The aim is to rehabilitate and reintegrate them into society, fostering their potential as productive citizens. CRPC Section 360 allows for probation in cases where an offense is committed by a person under the age of 21 years or a woman, and the offense is not punishable with life imprisonment or death penalty. Additionally, if there are no specific provisions for convictions, the court may grant probation for a maximum period of 3 years. This provision aims to provide a more lenient punishment and rehabilitation opportunity for those who fall under these categories. CRPC Section 27 indeed states that if a person below the age of 16 years has committed an offense not punishable with life imprisonment or death penalty, they should be awarded a lenient punishment. This consideration is based on factors such as the individual's character, their history, and the circumstances that led to the commission of the offense. The purpose of this provision is to ensure that young offenders are treated with a certain degree of leniency and rehabilitation, taking into account their age, immaturity, and potential for reform. The Law Commission Reports highlights the importance of addressing crime victims with empathy and understanding. The report suggests that the government should adopt the principle of offering aid and support to these victims using public funds. By doing so, the state can demonstrate its commitment to the welfare of those affected by criminal activities, fostering a more compassionate and just society The Justice Malimath Committee Report focuses on crime victim concerns and criminal justice reforms. A key recommendation is to change the compensation system for victims. Earlier, under Section 357[3],compensation was given only upon successful conviction. The Committee suggests that victims should be compensated if known, regardless of offender identification, acquittal, or other outcomes, to support victims emotionally and make the justice system more empathetic. Notable White-Collar Cases Rana Ayyub v. Enforcement Directorate CITATION : (2023) 4 SCC 357 Facts: Rana Ayyub initiated, and ran three crowdfunding campaigns, from 2020 to 2021. The defence argued that since money laundering took place under the jurisdiction of Mumbai, the Special Court, Ghaziabad could not exercise extraterritorial jurisdiction. Judgement: The Supreme Court determined that there is no territorial jurisdiction, implying that even if another court acknowledges a scheduled offense, the Ghaziabad Court should have exercised extraterritorial jurisdiction. Balaji v. Karthik Desari CITATION: (2023 SCC Online SC 645 Facts: From 2014 to 2015, accusations emerged about potential collusion amongst the officials within the Transport Department. These claims involved several prominent government personnel, including Senthil Balaji, a State Government Minister, who was alleged to have received unlawful benefits for facilitating appointments in the Public Transport Corporation. The petitioner's argument was that the identification of proceeds of crime served as a fundamental/jurisdictional prerequisite, and that the Enforcement Directorate could not issue summons without same. Judgement: The Supreme Court dismissed the claim that the Enforcement Directorate's (ED) investigation lacked proper legal basis or jurisdiction, as they established that the funds involved were indeed connected to money laundering activities. CONCLUSION & COMMENTS To foster and maintain Criminology as a significant field of study and practice, collaborative efforts are essential to address gaps and issues. Key players like UGC, ICSSR, and existing institutions should work on establishing centres for excellence, involving government agencies in recruitment, and prioritizing criminology by the UGC and Ministry of Human Resource Development. Supporting organizations like the Indian Society of Criminology should lead initiatives, while separate fund allocation and standard syllabi development should be considered. This collective approach will strengthen Criminology's growth and relevance. REFERENCES Books / Commentaries / Journals Referred Coleman & Clive Norris : Introducing Criminology,2000 Online Articles / Sources Referred The Law Commission Reports The Justice Malimath Committee Report. https://www.scconline.com/blog/post/2024/01/08/10-important-white-collar-law-judgments-of-2023/ 3. Cases Referred Rana Ayyub v. Enforcement Directorate Balaji v. Karthik Desari Statutes Referred The Indian Juvenile Justice (Care and Protection of Children) Act, 2015 Code of Criminal Procedure,1973. [1] Coleman & Clive Norris : Introducing Criminology,2000 [2] Thomas Fuller [3] Code of Criminal Procedure, 1973 - [Cruelty by husband and relatives, Section 498A](https://lawfoyer.in/cruelty-by-husband-and-relatives-section-498a/) - Author-Madhu Sri Chepuri, Sri Padmavati Mahila Viswa Vidyalayam INTRODUCTION Chapter XXA was inserted in the IPC in 1983 by the Criminal Law 2nd Amendment Act,1983. It consists of only 1section that is 498A which deals with cruelty to a wife by the husband or his relatives and it is an offence under IPC. It aims to prevent the torture to a married women and punish the persons responsible to that. It is an offence which is related to marriage. Before this section was inserted it was covered by the general provisions of the IPC but due to increase in violence against women especially young,newly married women , bride burning it was felt that these provisions are not adequate to deal with the atrocities against women. In order to deal with cruelty against married women 498A was introduced. Keywords (Minimum 5): Meaning, Definition & Explanation Cruelty- It is not possible for the Legislature to enumerate all acts amounting to cruelty or to put cruel conduct . The term cruelty is deliberately been left undefined by the statute. Cruelty includes both mental and physical cruelty and its effects may depend upon a number of factors. The word relatives has not been defined. But the case laws reveals that generally, the parents, sisters,brothers of the husband have been prosecuted under 498A. In Anil Kumar vs state of Punjab (1997) , it has been held that a person who is not a relative, but a friend, who is close to the family. [1] According to explanation (a) , any wilful conduct which is likely to drive the woman to commit suicide or to Cause any devious hurt or mental or physical health of the woman is cruelty. Explanation ( b), harassment of a woman, with a view to coerce her or her relatives, to meet unlawful demand for any dowry is also cruelty. Historical Background / Evolution As day by day the violence has been increasing against the women and to tackle this problem,the parliament felt that changes were required at 3 levels. To define the substantive offence of cruelty to married women To introduce procedures which make investigation in case of women death as mandatory. To bring changes in the Evidence Act ,which will make the prosecution easier. Accordingly, 498A and 304B were added to the IPC, creating separate offences in respect of acts of cruelty to a woman by a husband and relatives and dowry death respectively. In CrPC section 174 was amended and in IEA,1872 Section 113B was added. These 3 changes in the IPC,CrPC and Indian Evidence Act are an improvement to the earlier laws and are important to some extent to safeguard the rights of women. Types / Kinds (if any) The Types of cruelty may be: 1. Mental cruelty Physical cruelty Essentials / Elements / Pre-requisites For applying 498A, It’s essential that she should be a married woman. That woman must have experienced either brutality or harassment. Such brutal harassment should have been demonstrated by either the spouse or the husband’s family, if not both. Nature of the offence Conginable Non bailable Non compoundable. Complaint under 498A A woman who's been the victim of any form of cruelty can make a complaint firstly by filing an FIR . Below is a description of the trial process in detail: One must first file a police complaint or FIR (Initial Information Report) as the first step. The relevant provision of the Criminal Procedure Code is Section 154. An FIR initiates the legal process. After the First Information Report (FIR) is filed, the Investigation Officer will conduct an investigation and submit a report. The officer concludes the investigation and makes preparations for it after conducting all the necessary processes, including looking into the background of the case, gathering evidence, questioning potential witnesses, and so on. The police then present the charge sheet before the magistrate. All of the criminal accusations against the defendant are included in the charge sheet. After the parties have had an opportunity to present their cases and arguments before the Magistrate, the Magistrate will next define the charges and schedule a date for the trial. Section 241 of the Code of Criminal Procedure, 1973 addresses the plea of guilty. When the charges have been framed, the accused may enter a plea of guilty. It is the judge’s job to ensure that the plea of guilty was entered voluntarily. Conviction is at the discretion of the court.After the allegations have been laid out and the defendant has entered a plea of not guilty, the Prosecution presents its case in court, bearing the first (and usually greater) burden of proof. Evidence can be presented orally or in writing. The magistrate can issue a witness summons to anyone and require that individual to bring in any evidence. When prosecution witnesses are presented in court, the accused or his or her attorney will have the opportunity to cross-examine them. At this point, the accused may submit any supporting evidence to the courts. He or she is being given the chance to bolster their argument. However, the accused is not compelled to produce evidence because it is the prosecution, or the claimed victim, who has the burden of proof. If the defence presents witnesses, the prosecution will conduct cross-examinations. When all evidence has been given from both sides, the judge or court will reach a verdict. The judgement is almost at hand, and the last stage is oral arguments. Final oral arguments are presented to the judge by both sides (the prosecution first, then the defence). The court then renders a final decision after considering all of the arguments presented and the evidence presented in the case. The court then explains its decision to either exonerate or convict the defendant. The ultimate verdict might result in either an acquittal or a conviction depending on whether or not the accused is found guilty. If the defendant is found guilty, a hearing will be convened to determine the length of his or her sentence in the event of a conviction. If the situation permits it, one may file an appeal with a higher court. The case can be taken all the way to the Supreme Court if the case is lost in the Sessions Court and the High Court. Case Laws / Precedents / Overrulings Sushil Kumar Sharma vs. Union of India and others (2005) Facts Under Article 32 of the Indian Constitution, a petition was filed seeking a declaration that Section 498A of the Indian Penal Code, 1860 is unconstitutional and ultra vires, or, failing that, for the establishment of guidelines to prevent the victimisation of innocent people by those with malicious intent. A further petition asked that whenever the court reaches the verdict and the claims made regarding the conduct of an offence under Section 498A IPC were unsubstantiated, rigorous action should be taken against the individual who made the charges. Arguments The petitioner claimed that there was no prosecution but rather persecution in these situations. Several judgements were relied upon, in which the rise in the number of fraudulent lawsuits was highlighted. It was argued that the accusers carry more responsibility than the accused. Courts’ compassion in cases of alleged dowry torture is being abused by those who seek to profit from it. Judgement The Supreme Court of India did not find any merit in the argument that Section 498A does not have any validity in either the law or the Constitution. The court held that there have been numerous occasions where it was shown that the complaints were not genuine and had been made with ulterior motives. Even if found not guilty at trial, the accused may nevertheless feel shame for their ordeal. Sometimes bad press from the media makes things even worse. Thus, the court must inquire as to what corrective steps might be implemented to stop the misuse of the provision. The provision is valid but does not give anyone the authority to utilise it for retaliatory or harassment purposes. Therefore, lawmakers may need to figure out how to effectively punish people who file baseless complaints or claims. Until then, the problem must be handled within the current framework by the Courts. Neelu Chopra & Anr. vs. Bharati (2009) Appellants Neelu Chopra and Krishan Sarup Chopra are a married couple, and respondent Bharti was their daughter-in-law. Bharati claims that her life as a married woman to Rajesh (appellants’ son) was rough due to his and his parents’ unreasonable expectations for doubt and misbehaviour. Accordingly, Bharati sued her husband and in-laws in 1993 for violating Indian Penal Code Section 498A. Since Rajesh passed away in 2006, his heirs are the sole parties involved in this dispute. The Court noted that the complaint lacked specificity about which defendants were charged with which offences and what specific roles each appellant had in the commission of the alleged crimes. The accusations were more specifically levelled at Rajesh, but he was no longer alive to defend himself. It would be an abuse of process to continue prosecuting Rajesh’s elderly parents on the basis of a generalised complaint that did not specify the specific actions that gave rise to the charges. As a result, the complaint was dismissed Misuse of 498A A large number of women have taken advantage of the enormous authority afforded to them by the implementation of Section 498A to harass their husbands and in-laws and to gain unfair benefits for themselves. Women seeking vengeance against their spouses use Section 498A to threaten and blackmail their relatives. The Hon’ble Supreme Court of India has recognised the increasing trend of males being falsely accused of violating Section 498A, calling it a “phenomenon” and “social ill.” As the Supreme Court put it in the case of Sushil Kumar Sharma v. Union of India and Ors (2005), “Legal Terrorism” describes the abuse of Section 498A. In addition to the husband, innocent third parties like elderly parents or distant relatives are often unfairly implicated and made to undergo enormous hardship as a result of the criminal justice system’s misuse of Section 498A. Future Implications Proposals for Reform Law commission of India has offered a couple of major proposals relating to 1. Bigamy Adultery 3.498A of IPC CONCLUSION & COMMENTS Violence against women at home is not only a violation of women’s human rights but also a crime under Indian law, which was created to protect the rights of all its citizens. India has accepted several international conventions that recognise women’s unequal status and include special provisions for women to remedy this disparity, including the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW). Domestic violence is prohibited in all contexts, including marriage and the family, by the Dowry Prohibition Act (DPA) and the Protection of Women from Domestic Violence Act (PWDA), Sections 498A and 304B of the IPC. But this Section 498A’s exclusive remedy for females has become a contentious topic of discussion lately. Without legislative action, this impasse will grow into a terrifying social menace. For the sake of the public’s faith in the judicial system, this provision should be updated immediately. Unfortunately, not all women who could benefit from this information or services will be aware of them, and even fewer will actually seek help for domestic violence. Unscrupulous women will utilise this rule as another tool in their arsenal. Everyone who relies on a man will suffer if he is expelled from his own home due to charges of domestic violence or cruelty, whether or not those allegations are accurate. The entire family should not be punished even if the accused man is abusive. It is a complex and significant concern that an innocent man and his relatives are often being subjected to unjust legal persecution through this provision. REFERENCES Books / Commentaries / Journals Referred PSA Pillai's Criminal Law- Book Referred. Online Articles / Sources Referred Indian khanoon Ipleaders Casemine Cases Referred Anil Kumar vs state of Punjab (1997) Sushil Kumar Sharma v. Union of India and Ors (2005) Neelu Chopra & Anr. vs. Bharati (2009) Statutes Referred IPC,1860 The Indian Evidence Act, 1872 CrPC [1] https://www.casemine.com/judgement/in/5a65cba84a93263320776c4d - [Salient Features of the Indian Constitution: Important Provisions and Cases](https://lawfoyer.in/salient-features-of-the-indian-constitution-important-provisions-and-cases/) - Author-Kamaljeet Kaur, University Five Year Law College, University of Rajasthan INTRODUCTION "The Indian Constitution is a testament to the values of justice, liberty, equality, and fraternity, enshrining them as the guiding principles of our nation's governance." After a long haul of efforts and back breaking work, the constitution of india was enacted finally on 26th January 1950, after a long period of 2year 11months and 18days, WE THE PEOPLE OF INDIA laid down the fundamental framework for the functioning of the government, gaven the rights and duties to ourselves, directive principles of state policy (guidelines for state to work in a manner). From the the Preamble to the accurate balance of powers between the branches of government, the Indian Constitution assures the commitment of justice, equality, and the rule of law. In its important provisions, the Indian Constitution delineates the salient features that form the intristic example for all other countries.The salient features of the Indian Constitution encompass a robust framework designed to uphold the values of justice, liberty, equality, and fraternity, and also provides ways for the resolution of disputes and the protection of individual liberties. Indian Constitution is centrally focused on important provisions, which provides the powers and responsibilities of the executive, legislative, and judicial branches of government. These provisions of the supreme law of india establish a system of checks and balances, ensuring that no single entity may misuse and overuse their powers. The fundamental rights, guaranteeing every citizen certain liberties and protections against arbitrary state action. Additionally it lays down directive principles of state policy, and the objectives of socioeconomic justice and the welfare of the people from which the constitution has been driven. In the que there is also directive principles of state policy that give guidelines to state authorities to not to rule on people but to rule for people. Keywords :Preamble, Equality, Justice, Liberty, Fraternity PREAMBLE “We, the people…adopt enact and give to ourselves this Constitution” The Preamble of the Indian Constitution serves as a beacon of hope, indroductory statement, prologue. It serves as a outlining of the fundamental principles and objectives, also gives light to the provisions upon which the Constitution is based i.e. justice, liberty, equality, fraternity and brotherhood as core values to be upheld by the nation for all its citizens and thus declares india to be a sovereign, socialist, secular, and democratic republic. It abridges the ideals, aspiration, thinking and values of Constitution framers and Indian people, and thus sought to uphold in the governance of the country. It has been interpreted by the judiciary in its various landmark judgements ensuring that (Article 13) any amendments that violate its spirit and the basic structure of the constitution are deemed to be unconstitutional and can be separated apart. It sets the tone and a base for the entire constitutional framework as a introduction to a chapter and serves as a milestone for assessing the constitutionality of laws and actions by the government. Thus preamble is also known as the ‘BACKBONE’ of the constitution due to all these reasons. The Indian Constitution's Preamble was amended in the one and only historic case of Kesavananda Bharati v. State of Kerala (1973), in which the Supreme Court upheld the concept of the "basic structure" of the document. That is to say while the Parliament can amend the Constitution it cannot alter any of its fundamental components or framework. In reaction to this lawsuit the 42nd Amendment Act of 1976 was passed which altered the Preamble for the first time in its history to include the terms socialist and secular in order to more accurately reflect the ideals of the Indian Constitution. . FUNDAMENTAL RIGHTS Citizens fundamental rights are the primary and most significant element of the Indian constitution. No one can imagine a state without the rights given to citizens otherwise it can be called as monarchy or autocracy. Fundamental rights assure citizens a safe a secure life. It guarantees certain freedoms as a fellow human being and that the exercise of those freedoms is upon oneself with certain restrictions. It can be read in Part III of the Constitution. At the time of enforcement of the constitution there were a total of 7 FUNDAMENTAL RIGHTS given to the citizens, but after the 44th Constitutional Amendment Article 31 (Right to Property) was removed as a fundamental right and only remained as a constitutional right or legal right that can’t be enforced. Thereafter only 6 Fundamental Rights remained within the hands of the citizens. Those are :- Right to Equality (Article 14-18) Right to Freedom (Article 19-22) Right against Exploitation (Article 23-24) Right to Freedom of Religion (Article 25-28) Cultural and Educational Rights (Article 29-30) Right to Constitutional Remedies (Article 32) The right to constitutional remedies is regarded as the fundamental component of the Indian constitution since it provides citizens with writs (Habeas Corpus Mandamus Certiorari Quo Warranto and Prohibition) as a means of redress in the event that their rights are infringed upon by an oppressive government. Along with protecting citizens rights over the government it also serves as a barrier against arbitrary state action. The judiciary which constitutes the fourth pillar of democracy has been instrumental in both interpreting the rights accurately over time and in broadening their scope through a number of significant rulings over the years. Thus, it protect and strengthen individual rights in India. Thus the legal or constitutional rights are not enforceable in court unlike the fundamental rights which are as in the case of the right to property after it is formed as a fundamental right (Article 31) to legal right (Article 300A). Within the historic Maneka Gandhi v. Union of India (1978) the supreme court established the notion of due process of law broadened the definition of the right to life and personal liberty and in a different case of A. K. Gopalan versus. The State of Madras Supreme Court (1950) outlined the parameters of Article 21 i. e. Right to Life and Personal Liberty and decided that the protection provided by Article 21 is only applicable to preventive measures taken by the executive branch and does not cover preventive measures taken by the legislature. October 2023: Following the Shafin Jahan v. constitutional bench case a five-judge panel declared that there is no such thing as a civil union and that there is no fundamental right to marry under the constitution. KK. m. Article 21s protection of the right to marry as one pleases extends to Asokan cases. DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP) In Dr. B. R. Ambedkar’s words, the directive principles are defined as a “new aspect” of the Indian Constitution. The Directive Principles of State Policy are described in the Part IV of the Indian Constitution from article 36-51 that aim to direct the state and are guidelines in establishing a just society by promoting socioeconomic justice. DPSP’s are not enforceable by courts, these are only fundamentals to govern and serve as a moral obligations for the state in likewise as money will not be concentrated in the hands of a small number of people and to end the big difference between rich and poor, thus aims to establish just, fair and equitable society. They include provisions for equal distribution of wealth, ensuring equal pay for equal work, promoting educational and cultural interests, protecting the environment, and striving towards a welfare state. It emphasize the state's duty to work towards achieving social and economic equality and improving the quality of life of its citizens, protection of enivornment, thereby reflecting the commitment of the Indian Constitution to social justice and welfare.. The four new articles of Directive Principles of State Policy were added by the 42nd amendment act 1976 i.e. Article 39, Article 39 A, Article 43 A, Article 48 A. Supreme court in its landmark judgement of “Raj Narain Singh v. Chairman, Patna Administration Committee (1955)” highlighted the duty of the state to implement DPSP and emphasized that DPSP are not only written declarations but are fundamental to the governance of the country, and the state has a duty to strive towards their good governance. FEDERAL STRUCTURE WITH UNITARY SPIRIT As per K C Wheare, the Indian Constitution is "government in structure however unitary in soul" and "semi bureaucratic." The division of abilities between the public government and the states, which finds some kind of harmony among decentralization and solidarity, recognizes the country's variety and provincial goals while maintaining the country's respectability and solidarity, and advances helpful federalism, characterizes the administrative arrangement of government laid out by the Indian Constitution. The bureaucratic design permits the two legislatures to work autonomously inside their particular areas of ward while likewise participating on issues of public significance or intergovernmental issues through establishments, for example, the Between State Committee and the Zonal Chambers, which cultivate coordination and collaboration between the national government and the state legislatures. The Constitution's Seventh Timetable depicts the allotment of abilities between the Association, or focal government, and the states government. The Constitution's Seventh Schedule delineates the allocation of powers between the Union, or central government, and the states. Significant clauses pertaining to the federal system are i. Article 245, which gives the Union and the states legislative authority ii. Article 246 which addresses the division of state and union legislative powers and iii. Article 356 addresses the president's authority in the event that state constitutional machinery malfunctions. Three lists are also included in the Constitution: 1. Union List: It includes topics like foreign policy, military, and currency over which the Union government alone has legislative responsibility. 2. State List: This comprises topics like agriculture, public health, education, communication and law enforcement where state governments alone possess the power to enact laws. 3. Concurrent List: It contains topics like bankruptcy, succession, adoption, wills, criminal law intestacy and marriage that are subject to both federal and state legislation. The Apex Court in a landmark case of State of West Bengal v. Union of India (1963), held that the Union government was not at all permitted to compel states to perform these functions against their will where the case was that the state challenged the constitutionality of an act passed by the parliament and. The Harla v. State of Rajasthan (1951) ruling also dealt with the interpretation of the doctrine of repugnancy between federal and state laws. It stated that federal law would take precedence over state law if there was a disagreement on a topic covered by the Concurrent List. PARLIAMENTARY SYSTEM India got the parliamentary system of government by the constitution of india from the Part V of the Constitution that trifurcates, the State into three equal constituents’ viz. Executive, Legislature and Judiciary. The parliamentary system can be said as a relationship between the executive and legislative and other branches of government but in contrast to that is a Presidential form of democracy whereby the executive does not form part of, nor is appointed by, the parliamentary or legislative body. This system is based on the “British model of governance” which means that ministers get their legitimacy from Parliament as it is continuing from the colonization. The parliamentary system of india can be said as based on the Westminster model in which the President is considered as the head of the state (the first man of the country), while the real executive power is vested in the Council of Ministers headed by the Prime Minister. Prime Minister is appointed by the President after the Lok Sabha Elections and should be the head of the majority or coalition . The Rajya Sabha represents the states and union territories, with members elected by the state legislative assemblies while the Lok Sabha members are directly elected by the people of India. The parliament consists of The president and the two houses: The Lok Sabha and Rajya Sabha. The proceedings in the Parliament begins from introducing a bill in either of the house and later on to passing it as an act. The bill goes through several stages, including introduction- discussion-consideration by a committee-voting. For becoming a bill to law it must be passed by both the houses. The Articles related to parliamentary proceedings are as follows:- The Article 118 of Indian constitution says about powers of each house of Parliament to make rules for regulating its procedure and conduct of business. Article 105 pertains to the privileges and immunities granted to Members of Parliament (MPs) concerning their speech and voting within the Parliament. The Supreme Court clarified the governors function in a parliamentary democracy in the Rameshwar Prasad v. case especially with regard to the establishment of the government. Union of India (2006) and further held that the Governor should exercise serious consideration keeping in mind democratic and constitutional principles when using his or her discretionary power to invite a party or coalition to form the government.. JUDICIAL REVIEW During judicial review a judge will determine the constitutionality of a law or decision made by a public body. Under articles 13, 32 and 226 of the Indian Constitution the judiciary is granted the authority to review or analyze laws. Article 226 specifically indicates that a person can approach high courts on similar grounds even though Article 32 allows a person to petition the Supreme Court for any violation or infringement of their fundamental rights. In this way by keeping an eye and ensuring for the protection of citizens, the judiciary also serves as a watchdog over the legislative and executive branches of government preventing abuse of authority. That is the reason the judiciary is regarded as the protector of the Constitution it makes sure that laws and government actions comply with its provisions and do not violate any citizens fundamental rights. The judiciary retains the power of reversing or overturning the law or government action if it is found to be unconstitutional. India adheres and follows to the Rule of Law and consequently the Indian Constitution is regarded as the supreme law of the nation. . The scope of judicial review in India is broad it encompasses both the substantive and procedural aspects of laws including executive actions policies administrative decisions and government actions. As a result courts have the authority to assess not only the legitimacy of legislative and executive decisions but also their reasonableness and equity. Additionally the constitution grants courts the authority to issue writs to enforce other legal rights including fundamental rights. The judiciary which has consistently demonstrated through numerous significant rulings that it is the third pillar of democracy has been essential in interpreting the Constitution and defending citizens rights and liberties. By doing so it has strengthened Indias legal system settled constitutional disputes and preserved the values of justice equality and the rule of law. The ruling made by the Supreme Court in Mohammed Ahmed Khan v. By giving Muslim women who had divorced the right to maintenance under Section 125 of the Code of Criminal Procedure independent of their personal laws Shah Bano Begum (1985) demonstrated the validity of judicial review. This ruling demonstrated the Courts dedication to judicial review in defending fundamental rights by upholding the principles of gender justice equality before the law and the Rule of Law. In a separate Vishaka v. Since sexual harassment of women in the workplace violates their fundamental rights under Articles 14 19 and 21 of the Constitution the Supreme Court of the State of Rajasthan (1997) established guidelines to prevent such harassment. The ruling highlighted how the Court can use judicial review to enforce fundamental rights and correct societal injustices. . CONCLUSION "A constitution is not a mere lawyer's document, it is a vehicle of life, and its spirit is always the spirit of the age." - by Dr. B.R. Ambedkar We the people of India provided a sense of unity according to the preamble of the Indian Constitution. The constitution which has been furnished after a great efforts stands as a bedrock of democratic governance, embodying a series of salient features that define its essence and character, justice, and equality. It reflects the aspirations and values of a diverse by embodying a robust framework. Numerous notable authors and figures have expressed that the Indian Constitution is a dynamic document that adapts to the evolving needs of society while preserving the core principles it contains. This is so because the judiciary is thought of as the democarcys third pillar.This can be determined by carefully examining its significant provisions and historic judicial pronouncements by the courts. The Constitution is a representation of the aspirations and goals of a diverse country aiming for advancement and prosperity not just a set of legal guidelines. Preamble sets out the ideals and objectives of the Constitution and as a introduction part to the constitution, serving as a guiding light for governance and interpretation of law Fundamental Rights are absolute and ensure the protection of individual liberties and freedoms, while Directive Principles of State Policy guide the state in promoting social and economic justice and are of obligatory nature only. The federal structure balances powers between the Union and states, fostering cooperative federalism and regional autonomy but in the sense of unity in some circumstances. This is not all but there are many salient features discussed that serves as a roadmap for governance, guiding the state in its duty to serve the people and uphold their rights and freedoms. The salient features of the Indian Constitution are of progressive nature, developing nature with tine aiming to foster a just and equitable society and reflects the aspirations and values of a diverse nation. However, it is important to continue evaluating and evolving these features to address emerging challenges, changing with the need of the time and ensure the effective functioning of the Constitution in the ever-changing socio-political landscape of the country. REFERENCES Books / Commentaries / Journals Referred Introduction to constitution of india by D.D. Basu Indian polity by M. laxmikanth Online Articles / Sources Referred https://www.studyiq.com/articles/salient-features-of-constitution-of-india/ http://student.manupatra.com/Academic/Abk/Constitutional-Law-of-India/CHAPTER-2.htm https://unacademy.com/content/upsc/study-material/polity/the-salient-features-of-the-indian-constitution/ com/legal/article-8793-salient-features-of-the-indian-constitution.html Cases Referred Kesavananda Bharati v. State of Kerala (1973) Maneka Gandhi v. Union of India (1978) K. Gopalan v. State of madras (1950) Raj Narain Singh v. Chairman, Patna Administration Committee (1955) State of West Bengal v. Union of India (1963) Harla v. State of rajasthan (1951) Mohammed Ahmed Khan v. Shah Bano Begum (1985) Rameshwar Prasad v. Union of India (2006 Vishakha v. state of rajasthan (1951) Statutes Referred Articles of Indian Constitution Act,1950 - [ARTICLE-368 AMENDMENT OF THE CONSTITUTION](https://lawfoyer.in/article-368-amendment-of-the-constitution/) - Author-Priyanshu Tyagi, Mewar Law Institute India's Dynamic Constitution: Amending for Change The Constitution of India, as the keystone of the nation's legal system, upholds the necessity for adaptation in the dynamic societal circumstances. This adaptability is expediated by Article 368, which exactly prescribes the process for amending the Constitution. This article analyse the concept of constitutional amendments in India, delving into the procedures established , types of amendments, their significance, and the criticisms against them. Keywords (Minimum 5): Article -368 , Amendment Process , Special Majority , State Ratification , Basic Structure Doctrine , Federal Structure Meaning, Definition & Explanation A constitution's strength often lies in its ability to evolve alongside the society it governs. The Indian Constitution embodies this principle by allowing for amendments. This process involves adding, modifying, or repealing existing provisions while adhering to a well-defined procedure. Amending the Constitution ensures it remains a relevant document, capable of addressing new challenges while preserving its core values. Article 368: The Cornerstone of Change Recognizing the need for adaptability, the Indian Constitution integrated Article 368 in Part XX. This article establishes the framework for amending the Constitution, outlining the permissible extent and the procedure to be followed. It ensures that changes are made thoughtfully and legitimately. The procedure: Amending India's Constitution Article 368 of the Indian Constitution establishes a well-defined procedure for prompting and enacting amendments. Let us discuss the key steps which outlines the established procedure : Initiation: The amendment procedure of the Indian Constitution under article-368 initiates with the introduction of a bill in either the Lok Sabha (lower house) or the Rajya Sabha (upper house) of the Parliament. The Parliament retains the sole authority to commence proposals for amending the Constitution. Presentation of bill: After its initiation, the amendment bill can be presented by either a minister in government of India or even a private member of the Parliament. It should be noted that prior approval from the President is not a required for such introductions. Passage Requirements in Both Houses of Parliament : For an amendment bill to be well enacted as law, it must secure a "special majority" vote in each house of the Parliament. This exacting requirement sanctions approval from two key components: Majority of Total Membership: The amendment bill must reserve a majority vote exceeding fifty percent of the total membership in each house. Two-Thirds of Members Present and Voting: furthermore, it requires the approval of two-thirds of the members who are present and actively cast their votes in each house. Absence of a Joint Sitting Mechanism for Dispute Resolution: It is important to note that the Indian Constitution, unlike its approach to resolving disagreements on ordinary bills, does not provide any provision for a joint sitting of both houses of Parliament to address potential disputes concerning an amendment bill. This absence of a joint sitting mechanism signifies that resolving disagreements exclusively relies on negotiations between the houses or the potential desertion of the proposed amendment bill . State Ratification for Amendments Affecting Federal Structure : The amendment procedure under Article 368 recognizes the rare nature of certain provisions that precisely impact India's federal structure. For such amendments, a supplementary step beyond parliamentary approval is mandated. In these specific cases, the amendment bill requires ratification by a simple majority vote in the legislatures of at least half of the Indian states. Presidential Assent: Once the bill has well passed by both houses of Parliament and secured ratification by the states (if applicable), it is conferred to the President for assent.. The President is bound by law to grant assent and lacks the authority to withhold approval or return the bill for reconsideration. Becoming Law: Upon receiving presidential assent, the bill is transformed into a "Constitutional Amendment Act." This Act serves as the official mechanism for modifying the Constitution, accumulating the proposed changes and becoming an fundamental part of the supreme law of the land. Three Methods for Amending India's Constitution Article 368 empowers the Indian Parliament to amend the Constitution through three distinct methods, each tailored to the weight and nature of the proposed change: Simple Majority: Established provisions, governed by separate parliamentary procedures, can be modified by a simple majority vote in Parliament. This mark as approval by more than half (50%) of the members present and voting in each house. Examples include changes related to the creation or boundaries of states, or the establishment of legislative councils within states. Special Majority: For an extensive range of amendments, a more considerable level of approval is required. This "special majority" entails a subdivided requirement: First, it requires the support of more than half of the total membership of each house of Parliament (Lok Sabha and Rajya Sabha). Further , it must be approved by two-thirds of the members present and voting in each house of Parliament. This kind of majority encloses amendments to Fundamental Rights, Directive Principles of State Policy, and numerous other provisions not covered by the other methods. Special Majority with State Ratification: Amending provisions regarding India's federal structure entails an additional step. Here, the special majority vote in Parliament must be supported by ratification from half of the state legislatures. Each state legislature votes by a simple majority, means more than half of the members of the parliament present and voted for the same need to approve the amendment. By marking these three separate methods, Article 368 assures that the amendment process is precisely graded to the significance of the changes being proposed. The Unshakeable Core: The Basic Structure Doctrine The interpretation of the basic structure doctrine serves as a shield, safeguarding the crucial principles of the Indian Constitution from being significantly altered or eliminated through amendments established by Parliament. These fundamental elements constitute the very base of the Indian nation: Supremacy of the Constitution: The Constitution reigns supreme as the highest law of the land. Separation of Powers: Power is divided and balanced between the legislature, executive, and judiciary, preventing any one branch from becoming too powerful. Federalism: India functions as a union of states, with power distributed between the central government and the states. Secularism: The state treats all religions with equal respect and does not Favor any particular faith. Democracy: The government derives its authority from the will of the people. Rule of Law: Everyone, including the government, is subject to the law. Any amendment in the Constitution of India results in weakening the basic structure under this doctrine will smacked down by the apex court and declared as unconstitutional. The basic structure doctrine assures the Constitution remains a stable and enduring foundation for Indian democracy. The Doctrine's Evolution The approach regarding doctrine of basic structure has been consolidated through a series of landmark judgments by the Apex Court of India. These proclamations not only established the concept but also civilized its meaning over the period of time. The following provides a glimpse into this historical evolution: Shankari Prasad Case (1951): This case marked the first significant brief with the basic structure doctrine in the legal domain. While the Supreme Court recognised Parliament's authority to amend the Constitution under Article 368, it did not exactly limit that power. This led to the indication that Parliament could possibly modify any aspect, including fundamental rights. However, the case did not examined deeply the concept of a basic structure, which would be addressed in later judgments. Golak Nath Case (1967): This landmark judgment laid a stronger foundation for the basic structure doctrine. The Supreme Court well-established a crucial principle inheriting the Parliament with power to amend the Constitution does not expand to fundamental rights. The court asserted that these rights are the core aspect of the Constitution and cannot be taken away or limited through amendments. This decision essentially limited Parliament's power and lead the way for a more persuasive understanding of the basic structure. Kesavananda Bharati Case (1973): Considered as a landmark judgment, the case of Kesavananda Bharati vs state of Kerala challenged the validity of the 24th Constitutional Amendment Act (1971) . This act intent to restrain judicial review of constitutional amendments. The pivotal question before the court was whether the 24th CAA violated the basic structure doctrine and should be struck down. In its historic ruling, the Supreme Court confirmed that Parliament has power to amend the Constitution but declared it to be limited. The constitutional bench of 13 judges officially introduced the concept of the "basic structure" and its significant role in safeguarding the Constitution's core principles. The Enduring Relevance of the Amendment Power India's vast and dynamic nature necessitates a constitution that can evolve alongside it. The amendment process empowers the constitution to remain relevant and effective in governing the country. Here's how this adaptability fosters a well-functioning democracy: Ensuring Responsive Governance: Constitution guides governance needs updates for change. Amendments ensure responsive governance, protect emerging rights. Safeguarding the emerging rights is essential for justice. It provides Reflection to society's evolving understanding. Acknowledging and Protecting Emerging Rights: As the Society changes, the constitution must guard new rights. Amendment process ensures safeguarding of emerging rights in inclusive society. Embracing new rights is crucial for a fair society. Constitution should evolve with society's view on fundamental rights. .Reflecting Evolving Legal Interpretations: Judicial interpretations of the constitution always evolving, uncovering the new rights within existing provisions. Modern interpretations of right to life and personal liberty expanding to include right to privacy. Amendment process allows formal changes in constitution to align with evolving legal interpretations. It Ensures constitution to stay relevant in changing social landscape. .Addressing Unforeseen Challenges: State adapts to tackle unforeseen issues from rise of social media and online activism. Constitution can be amended to address challenges and safeguard citizens' rights. This Adaptability empowers state to respond to new realities not anticipated during constitution drafting. Promoting Social Progress: Constitutional reforms break old practices and pave the way for a progressive society. Updates to the constitution reflect the changing values of the governed population. Reforming the constitution can bring about positive social changes. It is important for the constitution to adapt to the people's evolving aspirations. Concerns Regarding Amending the Indian Constitution While the amendment process allows the Constitution to adapt, it has also attracted criticism on several fronts: Lack of a Specialized Body: Unlike some nations with dedicated bodies for constitutional amendments, India relies solely on its Parliament and, in specific cases, state legislatures. Critics argue for a dedicated and specialized body to ensure a more intentional and objective approach to amendments. Procedural Similarities : The amendment process features the procedure for passing regular laws, with the exception of a special majority requirement. Critics argue that this correlation could lead to undervaluing constitutional amendments. Limited Initiation Power: The exclusive power to introduce amendments lies with the Parliament itself. State legislatures can only propose amendments related to establishing or abolishing their legislative councils. This, according to critics, weakens the role of states in the amendment process. Parliament's Dominance: A major portion of the Constitution can be amended solely by the Parliament, with state ratification needed only for specific provisions, and even then, only from half the states of India. Deadlock Potential: The absence of a provision for a joint sitting of both houses of Parliament (Lok Sabha & Rajya Sabha) to resolve disputes related to amendment bills can lead to deadlocks situation ,conflicting the amendment process. Uncertainties and Legal Challenges: The lack of definite procedures and details in some aspects of the amendment process leaves room for interpretation and potential legal disagreement . Critics advocated for a more well-defined framework to minimize uncertainties. Important Amendments in Indian Constitution AMENDMENTS PROVISIONS 1st Amendment 1951 The first Amendment Act of 1951 played crucial role by combining the Ninth Schedule to the Constitution. This schedule inserted a list of Central as well as State laws that are safeguarded from being challenged in courts. 42nd Amendment 1976 The 42nd Amendment Act 1976 allowing three new terms i.e. socialist ,secular and integrity to the preamble of constitution of India. Furthermore it also added part 4A Directive Principles of State Policy in the Constitution. 44th Amendment 1978 The 44th Amendment Act of 1978 replaced the word internal disturbance with armed rebellion under Article-352 Additionally, this amendment removed the Right to Property as Fundamental Right and made it a legal right under (Article 300A). 73rd Amendment 1992 The 73rd Amendment Act of 1992 introduced provisions related to Panchayati Raj Institutions. 74th Amendment 1992 The 74th Amendment Act of 1992 introduced provisions related to Urban Local Bodies, such as Municipalities and Municipal Corporations 86th Amendment 2002 The 86th Amendment Act of 2002 assured that the State shall provide free and compulsory elementary education to all children aged 6 to 14 years of age. 97th Amendment 2011 The 97th Amendment Act of 2011 provided constitutional status and safeguarding the cooperative societies, recognizing their importance in the socio-economic development of the country. 101st Amendment 2016 The 101st Amendment Act of 2016 proposed the Goods and Services Tax (GST), an enhanced indirect tax reform aimed at simplifying the tax structure and promoting economic integration and stability. 102nd Amendment 2018 The 102nd Amendment Act of 2018 presented Constitutional Status to the National Commission for the Backward Classes, strengthening the institution's role in safeguarding the rights and interests of backward classes. 103rd Amendment 2019 The 103rd Amendment Act of 2019 proposes a 10% reservation for Economically Weaker Sections (EWS).. 105th Amendment 2021 The 105th Amendment Act of 2021 reestablished the authority of the State Governments to identify Socially and Educationally Backward Classes (SEBCs). 106th Amendment 2023 The 106th Amendment Act of 2023 proposed allotment of one-third of all seats for women in Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi, including those reserved for SCs and STs. Conclusion The ability to amend the Indian Constitution stands as a keystone of its continued relevance and effectiveness. This process ensures the Constitution remains adaptable, tending progressive governance and inclusivity. By enabling the recognition of new rights, addressing unforeseen challenges, and facilitating social reform, amendments keep the Constitution in sync with the evolving needs and aspirations of Indian society. These alterations are not mere twists , they shape the very fabric of India's legal framework and governance. They ensure that the Constitution should remain a dynamic document, reflecting the desires, challenges, and changing societal norms of its people. This adaptability guarantees the Constitution's continued significance and effectiveness for generations to come. References Online Articles / Sources Referred net/articles/article-368 org/doc/594125/ ipleaders.in/the-amendment-of-the-constitution-article-368 com/blog/amendment-of-the-constitution/ Cases Referred Golaknath v. State Of Punjab (AIR 1967 1643 , 1967 SCR (2) 762) Sri Sankari Prasad Deo v. Union Of India (AIR 1951 S , SCR89) Kesavananda Bharati v. State Of Kerala (AIR 1973 4 SCC 225) Minerva Mills Ltd. v. Union Of India ( AIR 1980 SC 1789) Statutes Referred Article-368 The Constitution Of India , 1949 - [Volenti Non Fit Injuria as a Defence Under Law of Torts](https://lawfoyer.in/volenti-non-fit-injuria-as-a-defence-under-law-of-torts/) - Author-Chitra, University Five Year Law College, University of Rajasthan INTRODUCTION The expression" Volenti non-fit injuria" means “Injury isn't done to a willing person.” First, let's understand what a tort is. The term" tort" originates from the Latin term " Tortum," which means" to twist." therefore, a tort refers to conduct that's crooked, crooked, and unlawful, original to the English term ‘wrong.’ Salmond states," Tort is a civil wrong for which the remedy is a common law action for unliquidated damages and which isn't simply the breach of contract or the breach of a trust or other simply indifferent obligation." When the complainant initiates legal action against the defendant for a specific tort, establishing the actuality of all the essential rudiments of that tort, the defendant becomes liable. still, certain vittles can vindicate the defendant from liability, known as general defences. There are eight general defences in the law of torts, and “volenti non-fit injuria” is one of them. This legal sentential guards defendants in tort cases, allowing them to argue that the complainant, by their own choice, willingly assumed the pitfalls associated with a particular exertion or circumstance. The operation of this doctrine depends on demonstrating that the complainant was apprehensive of the implicit detriment and freely accepted the associated pitfalls. Meaning and Explanation It is also known as Defence of Consent. The doctrine of Volenti non-fit injuria means that “no injury is done to a willing person.” It implies that if a person willingly warrants to the infliction of detriment upon themselves, they aren't entitled to any remedies under the Law of Torts. Any detriment suffered freely by an existent doesn't amount to legal injury, and thus, it isn't practicable under the law of torts. When a complainant gives concurrence to suffer detriment upon themselves, they aren't entitled to remedies, and their concurrence acts as a valid defence for the defendants. For illustration, if A invites B to their home for regale, A cannot sue B for trespass because A has willingly foisted detriment upon themselves. still, it should be noted that an act causing detriment mustn't exceed the limits of the concurrence given. In the game of football, players indicate concurrence to the normal course of injuries, but it doesn't mean they cannot sue for deliberate injuries caused by other players. A person who freely agrees to the publication of scandalous matter cannot bring an action for vilification. No existent can apply a right that they've freely waived or abandoned. concurrence to waive one's right can be expressed or inferred. For the defence of Volenti non-fit injuria to be available, the defendants must prove that the complainant was completely apprehensive of the pitfalls involved and their extent. Bare knowledge of the threat isn't sufficient; the complainant must give concurrence to sustain that detriment. The defence of Volenti non-fit injuria was successfully invoked in the case of Padmavati v Dugganika. In this case, two non-natives took a lift in a jeep while the motorist was going to fill petrol. suddenly, one of the bolts fixing the right front wheel came out, performing in the two nonnatives being thrown out of the jeep and seriously injured. One of them indeed failed as a consequence of the incident. The court held that neither the motorist nor the proprietor of the jeep was liable for two reasons first, it was a clear accident, and second, the non-natives freely entered the jeep, allowing the defence of Volenti non-fit injuria to be successfully contended. Also, when a trespasser is apprehensive of the presence of spring ordnance, they aren't entitled to recover damages if they're injured by those spring ordnance. Essentials Elements of Volenti non-fit injura Defence of consent- The defence of concurrence, also known as volenti non-fit injuria, is a legal principle where a person who freely warrants the threat of detriment cannot claim damages if they suffer any detriment as a result of the threat they deliberately and willingly accepted. For this defence to succeed, the defendant must prove that the descendant Had full knowledge of the nature and extent of the threat involved Freely accepted the threat with no pressure or compulsion Wasn't under any disability or internal incapability Case Hall v. Brooklands Auto Racing Club In this case, the complainant attended a motor auto race held at Brooklands. During the race, a collision passed between two buses, and the observers, including the complainant, were hit, resulting in the complainant's injury. The defendant company that possessed the tracks was sued. The courts held that since the threat was nicely foreseeable, considering the dangerous nature of the sport, the defendant company isn't liable. Case Padmavathi and Ors. v. Dugganaika and Ors.( 1974) In this case, two non-natives freely accepted a lift in a jeep. Suddenly, due to a mechanical disfigurement, the jeep stumbled, and they sustained injuries. The motorist and proprietor of the jeep were sued. The court held that since the complainants willingly took the lift and the accident wasn't nicely foreseeable, the defendants weren't liable. Consent Should Not have been given on the basis of Tort or under any compulsion- (i.e consent is not obtained by fraud) Case:- R v. Williams The defendant, who was the teenage plaintiff's singing schoolteacher, engaged in sexual exertion with her, falsely claiming that his conduct was a system of remedying her breathing and perfecting her singing. The girl agreed to the exertion, under the belief that it was a medical or surgical intervention. The defendant was condemned to rape. He appealed the conviction, arguing that the plaintiff had acceded. The Court of Appeal upheld the conviction, stating that the defendant had deceived the plaintiff regarding the nature and quality of his conduct by leading her to believe they weren't sexual. thus, the plaintiff didn't give valid concurrence, as her concurrence was attained through fraud. No liability only for Consented Act Take Lakshmi Rajan v Malar Hospital Ltd for example; A 40-year-old woman working at Malar Hospital Ltd found a lump in her pelvis. It does not affect the size of the uterus removed unprotected during surgery. The court said that nursing home officials were responsible for the deficiencies in services. It was also determined that her consent to the surgery was not her consent to the removal of her uterus. Limitations to this doctrine Rescue Cases It appears that the defence in this case is the doctrine of "voluntary compensation", which is a legal right given to the person who receives a threat of damage, and cannot demand compensation for the damage. Disclosures of information are generally considered an exception to this protection. Because a person who enters a dangerous situation to save others during a rescue is not considered to have voluntarily assumed the risk of harm. Instead, the truck driver is deemed reasonable and reasonable and is generally not precluded from receiving compensation for any injuries they suffer. Case - Haynes v Harwood The complainant was police officer Bobby, who worked at a police station on a busy road that was often crowded with people, including children. The defendant had two wagons left on the same road. After the damaged truck, the driver pulled a rope to the bus. For some reason, they rushed out onto the busy road in a minibus, apparently because the grave was thrown onto the horses. Officer Bobby saw them at the police station, got out of his car and tried to stop them but was injured and demanded payment for the damage. The King's Bench ruled against the plaintiff. The defendant appealed to the Supreme Court. A no-injury verdict will not help Police Officer Bobby claim compensation for the injuries he suffered because he refused to acknowledge the threats but followed the legal bridge. Scienti non-fit Injuria Case -Smith v. Charles Baker and Sons The complainant was a contractor working for the defendant's construction company and was injured on the job. The monument was removed from the plan of the crane and the complainant left the street when he saw the men lift the monument over his head. A colleague began to raise concerns about the dangers of lifting the monument up, and the complainant himself told the crane operator that it was unsafe. Despite these warnings, the complainant hit the shaft while working on the drilling machine, causing serious injuries. There was no warning that the grave would lean in this direction. The plaintiff's complaint was that he was aiming for a hammer and that he was not in a position to protect himself. The tombstone was hung over his head negligently and did not receive enough attention, causing him to fall. At the hearing in the City Courthouse, the defendant's attorney argued that the plaintiff chose to do the job and was concerned about the problem that arose. still, the jury made several findings (1) the machine used for rooting the monuments from the slice wasn't suitable for the task; (2) the failure to give an alarm system during gravestone lifting was a fault in the system, job, ministry, and planning; (3) the employer or any person responsible for addressing similar issues was careless in not addressing the disfigurement; (4) the complainant wasn't careless and didn't willingly accept the parlous employment with knowledge of its implicit detriment. The Court of Appeal upheld the appeal primarily because there was no substantiation of wrongdoing on the part of the defendants. The complainant also appealed to the House of Lords. Conclusion The doctrine of volenti non-fit injuria holds a significant position in the general defence within the realm of tort law. Defendants can use this doctrine to vindicate themselves of liability by demonstrating that the complainant willingly acceded to the same. still, certain essential conditions must be met for the doctrine to be successfully applied. In conclusion, the defence grounded on this doctrine isn't comprehensive but rather has a limited compass. There are situations where the operation of volenti non-fit injuria can be barred, similar as when the defendant is careless. The limitations mentioned over in the paper further circumscribe its connection. Overall, the defence of volenti non-fit injuria proves to be an effective means of escaping liability. REFERENCES Books- R.K. Bangia, The Law of torts E resources:- https://blog.ipleaders.in/ https://lawbhoomi.com manupatra.com https://wwwlegalserviceindia.com - [Dina Nath Chamar & Ors vs State Of Bihar & Anr ](https://lawfoyer.in/dina-nath-chamar-ors-vs-state-of-bihar-anr/) - ABSTRACT / HEADNOTE This case analysis delves into the significant legal proceedings of "Dina Nath Chamar & Ors vs State Of Bihar & Anr." The Patna High Court's judgment, dated 7th March 2017, hinges on the critical interpretation and application of Section 311 of the Code of Criminal Procedure (Cr.P.C.). This landmark judgment highlights the - [Schools of Jurisprudence](https://lawfoyer.in/schools-of-jurisprudence-2/) - Schools of Jurisprudence: An In-Depth Analysis Introduction Jurisprudence, the science or philosophy of law, encompasses various schools, each presenting a unique perspective on the legal framework. This analysis delves into the intricacies of different schools of jurisprudence, providing a comprehensive understanding of their foundational concepts and significant contributions. The Philosophical School of Jurisprudence Hugo Grotius - [COPYRIGHT UNDER THE COPYRIGHTS ACT, 1957](https://lawfoyer.in/copyright-under-the-copyrights-act-1957/) - Author-Samruddhi Naik,St. Wilfred's College of Law, Panvel INTRODUCTION Copyright is the sum of literary and artistic work. Intellectual creation of work such as electronic databases, music, literature, sculptures and paintings are protected with copyright. Copyright is the shield that defends the exclusive rights of the creator of the intellectual artistic work. It is an encouragement and relief to the artists, producers, composers and authors to create original work. Copyright is governed by the international convention i.e. Berne Convention, it is the oldest international convention providing protection to copyright. Keywords: copyright, exclusive rights, moral rights, intellectual property, original work, berne convention Meaning Copyright protects the rights of the inventors of artistic and literary work by providing them exclusive rights. Copyright protects the works which is novel and showcase the ‘expression of thoughts’. As mentioned above Copyright is regulated by ‘Berne Convention’ which was first assembled in 1886 to protect the work (artistic and literary) and rights of the authors. Copyright need not to be registered as it is protected upon its invention. Copyright tops the list of the other items which comprise Intellectual property. Copyright law provides various rights to the creator such as moral rights and economic rights. International Agreements Concerning Copyrights Berne Convention, 1886 Berne convention is a treaty that was first established in 1886, with the intention to protect the literary and artistic work along with derivative work. Under this convention, the work is protected for 50 years from the end of the year of the author’s death. But in the case of photographic work the term of protection is 25 years from the work created TRIPS Agreement, 1994 As literary and artistic work is protected under Berne Convention, TRIPS Agreement ensures to protect the computer programs and provide guidelines to protect databases under Berne Convention. WIPO Copyright Treaty (WCT), 1996 WCT is a special agreement under Berne Convention established to deal with protection of work and rights of authors in digital era. The Marrakesh Treaty, 2013 The Marrakesh Treaty was established in the year 2013 by World Intellectual Property Organization (WIPO) with the intention of providing access of published work to the people who are visually impaired, blind or print disabled. Essentials of Copyright Novelty Copyright only determines original work. No one can claim copyright in case of duplicate or similar work. Expression of thoughts As mentioned before, the expression of thoughts is the most essential element as the copyright focuses on protecting the ‘expression of thoughts’ and not just an ‘idea’. Registration Though the work is protected upon creation, it is always beneficial to register the work. Types of work covered under copyright Literary work i.e. Books, Novels, Articles etc Artistic work i.e. Paintings, Sculptures etc Derivative work i.e. Adaptations and Translations of existing copyrighted work Musical compositions i.e. Songs, Tunes, Music albums Computer programs & compilations i.e. Software, Databases etc Rights protected by copyright Economic rights- Economic rights are those rights through which the owner of rights can receive monetary benefit from the use of his work by others. They are transferable and can be assigned ownership rights to others for a sum of money or royalties. Moral rights- Moral rights are the rights that always reside with the owner of the work. They are non-transferable, unlike economic rights. Moral rights protect the integrity of the author of the work. Infringement of copyrights Section 51 of the Act deals with infringement of copyright. Infringement of copyright means any person without any license exercises the rights of the owner of the work without taking him/her into consideration. Basically, un-authorized use of someone’s legitimate work is said to be infringement of work. Remedies against infringement The legal maxim ‘Ubi jus ibi remediem’ (where there is a right, there is a remedy) plays a vital role in justifying the remedies against infringement of copyright. There are 3 major remedies provided against infringement of copyright and they are as follows: - Civil Remedies Criminal Remedies Administrative Remedies In a Civil suit, the remedy is granted to the Copyright holder when the infringer is found guilty. Also, Infringement of copyright is not only a civil wrong, but it is an offence and hence, the legitimate holder of copyright can file a criminal suit in which the infringer can be punishable imprisonment or fine or both. Whereas the grant of administrative remedy vest with the Regulatory Copyright Authority. CONCLUSION & COMMENTS Copyright plays a vital role in the life of a creator. Creation of a tune, a literature or a software takes a lot of intellectual effort which needs to be protected. Among other items in the list of intellectual property, Copyright safeguards the rights of creators and encourage them to create original work. - [SPECIAL MARRIAGE ACT,1954](https://lawfoyer.in/special-marriage-act1954/) - Author-Masooma Naqvi, Amity University, Uttar Pradesh INTRODUCTION India is a country of replete history and culture, which often find themselves intertwined with each other. It is home to 7 major religions of the world and various others. With the kind of diversity that is prevalent in India, it will not be possible nor correct to establish boundaries for love and limit them to one's own religion. Unfortunately, so was not the mindset of the architectures of personal laws. Religion became one of the biggest barriers to love. In most personal laws, be it The Hindu Marriage Act, 1955 or Sharia which is the codified law for Muslims, inter-faith and even inter-cast marriages are prohibited and are not considered to be valid. These marriages are not formally recognized, which further adds to the deprivation of rights that a married couple is entitled to. Some of these rights include adoption, inheritance, etc. It was through the Special Marriage Act of 1954, that these restrictions were lifted to give love a fair chance. Keywords- Marriage, Inter-Faith, Inter-Caste, Certificate, Personal Autonomy Meaning, Definition & Explanation Special Marriage Act permits people belonging to different religions to come together into a bond of marriage. It also upholds the spirit of secularism which is laid down in the constitution and also instills the quality of tolerance among individuals. The Act was passed in 1954 and made on the lines of colonialism, as the legislation was first passed in 1872. Later, when India gained independence the Special Marriage Act of 1954 was passed for newly independent India. The act is a ray of hope for inter-faith couples especially those who struggle to get their marriages recognized by personal laws. The most distinctive feature of the act lies in its inclusivity. It is also open to intra-faith couples to register their marriages outside of their personal laws. It also seeks to give legal status and protection to the marriage of those who are barred by religion and caste. IMPORTANT PROVISIONS- The act extends to the whole of India. It also includes Indian citizens domiciled elsewhere. There are certain requirements that the act requires- Section 4 of the act talks about these requirements. The marriages do not require any specific religious ceremony to enter into a bond of marriage under this act, however, that choice is upon the individuals to decide. The marriage is entered into in the form of a civil contract. For the purpose of the act, the State Government has the power to appoint one or more marriage officers by notification in the official gazette as mentioned under Section 3 of the Indian Marriage Act of 1954. There are certain requirements that the act lays down Section 4 of the act talks about these requirements. these include the following:- a] Neither of the parties should have a "living spouse"- The first subclause states that the parties of this union must not already be married to someone who is alive. b] (i) Neither party is “incapable of giving a valid consent to it in consequence of unsoundness of mind[1]”- The parties to the union must be of sound mind in the sense that they should give their valid consent for the union. (ii) Neither party is though capable of giving valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; - The parties must be competent to enter into the union, in the sense that they must not be suffering from any mental disorder that deems them unfit for fulfilling their respective roles in the union., c] the male must be minimum 21 years of age and woman must be minimum 18 years of age d] the parties should not come under the spectrum of prohibited relationships. Prohibited relations are further defined under section 2(b) of the act. these include relationships between – a) Half blood and Full Blood and Uterine blood- When people have the same father and same mother, they are said to be a full blood relation. When people have the same father but different mothers, they are said to be in a half blood relation. when people have the same mother but different fathers they are said to be related by uterine blood. b) it also includes "illegitimate as well as legitimate blood relations" c) It also includes relation by adoption. Section 5 of the act requires the parties to notify to the District Marriage Officer, and at least one of them have to be residing in the district 30 days prior to this notice. Section 7 of the allows any objection to the marriage from anyone in case it defies any provision mentioned in section 4 of this act, within the period of thirty days. Section 11 of the said act requires the parties and three other witnesses to sign a declaration form and further countersigned by the Marriage Officer. Section 13 of the act requires the Marriage Officer, after the marriage has been solemnized to enter the certificate in the Marriage Certificate Book. The certificate must be signed by the parties and three other witnesses. Section 14 says that if after notifying the marriage officer the marriage has not been solemnized within three months of issuing the notice, the notice shall lapse a new notice has to be filed. The Marriage Officer cannot solemnize the wedding under such circumstances. Section 15 lays down provisions even for those couples that have not been married under this act to get their marriages registered. However, they must fullfill the following conditions. i) They have had their nuptials and have been living together as a married couple since then. ii) They are both above 21 years of age at the time of registration. iii) Their relation is not prohibited. iv) They are of sound mind. v) The marriage should have been a monogamy. Section 23 and Section 27 talk about Judicial Separation and Divorce respectively under this act. IMPORTANT CASES Safia Sultana vs State of Uttar Pradesh[2] The case was concerned with issues of privacy. The Special Marriage Act of 1954 required the parties to compulsorily notify about their marriage. The petitioner under this case pleaded that the above-mentioned subclause was a direct invasion of privacy and should be made a choice for the parties to take. The right to privacy comes within the ambit of the Right to Life and Liberty under Article 21 of the Indian constitution. This clause also invited unnecessary intervention from third parties to add hurdles to the process of marriage. The Allahabad High Court held that must not be mandatory for the parties to issue a public notice but a choice. Lata Singh vs State of Uttar Pradesh[3] This case laid emphasis on an individual’s right to choose a partner of their choice. The case revolves around the petitioner who by her own choice married a man, belonging to a different caste. This marriage was objected to by her brothers who even allegedly beat up the husband’s mother and uncle. The Supreme Court gave orders to the police to protect and arrest those who threatened the petitioner and her husband and they were protected under this act. CONCLUSION & COMMENTS The Special Marriage Act to this day continues to be a boon for people who want to enjoy the bliss of marriage but are rendered helpless by the societal barriers that exist. These barriers include not only caste and religion but also superstitions and judgments as well. It serves as a beacon of hope for tolerance and inclusivity in a country as diverse as India. Its inclusive nature is also seen in the fact that the act not only lays down provisions for couples married under this act but also for couples married under their respective personal laws to get their marriages registered. It gives people a chance to solemnize and register their marriages and also grants them protection from all that troubles them from their right to marital bliss. It seeks to protect the secular spirit of the country and also relieve the country from old prejudices. This act also proves to be a pioneering example of the social progress that is being brought in India. REFERENCES Books / Commentaries / Journals Referred Special Marriage Act 1954- Universal/ Lexis Nexis Online Articles / Sources Referred https://www.drishtiias.com/daily-updates/daily-news-analysis/special-marriage-act-1954-4 https://blog.ipleaders.in/special-marriage-act/ https://www.indiacode.nic.in/bitstream/123456789/15480/1/special_marriage_act.pdf Cases Referred a) Safiya Sultana v State of UP (Uttar Pradesh) AIR 2021 All 56 b) Lata Singh vs State of Uttar Pradesh AIR 2006 SC 2522; (2006) 5 SCC 475; 2006 (56) ACC 234 Statutes Referred Constitution of India 1950 Special Marriage Act 1954 Hindu Marriage Act 1955 Muslim marriage Act 1939 Special Marriage Act 1954 Section 4 Safiya Sultana v State of UP (Uttar Pradesh) AIR 2021 All 56 Lata Singh vs State of Uttar Pradesh AIR 2006 SC 2522; (2006) 5 SCC 475; 2006 (56) ACC 234 - [Advent of AI and Need of Legislative Regulation of AI](https://lawfoyer.in/advent-of-ai-and-need-of-legislative-regulation-of-ai/) - Author: Gaurav Katiyar, University of Lucknow INTRODUCTION Artificial Intelligence (AI) has marked a turning point in human history, offering ground-breaking improvements in many sectors, but posing some serious concerns on ethical, societal and legal grounds. The rapid growth of AI technologies and their extensive penetration into the everyday life necessitate strong regulatory systems that enable to address new risks and provide for protection of basic principles. There is no denying the fact that AI has changed various aspects of human life and holds great potential. However, the rapid spread of such AI technologies also poses serious concerns about democracy and cybersecurity. The challenge of artificial intelligence’s arrival is therefore dual; it advances in sectors like transportation, finance, and health on one side but threatens democratic principles as well as cyber security frameworks. AI is considered one of the main threats to democracy. These propaganda campaigns controlled by artificial intelligence which are capable to manipulate public opinion, cause disinformation and affect electoral outcomes can undermine democratic processes. Using tailored political messages from an individual perspective in social media platforms that target people through AI algorithms worsens polarization while undermining confidence in democracies. The rapid strides being made In AI technologies have posed hitherto unknown cyber security threats. Bad actors can use AI technology to create more refined malware that can evade the conventional security systems. Critical infrastructure, financial systems and personal data are all at high risk from AI driven malware, phishing scams or hacker-tools automatons. This proliferation of AI based cyber-threats underlines the necessity for strong regulatory frameworks that would ensure ethical development and deployment of these technologies. In order to deal with these issues holistically, it is necessary that we put in place comprehensive regulations that protect democratic ideals while at the same time strengthen cyber resilience. Policymakers can minimize risks associated with AI’s emergence by setting up guidelines for its ethical use; fostering international collaboration on cybersecurity projects and encouraging transparency in decision-making processes. Keywords: Artificial Intelligence, Chat GPT, Ethical concerns, Legal frameworks, Artificial Intelligence (AI), Democracy, Cybersecurity Types of AI: [AI can be classified into four types based on their capabilities and level of adaptation: Reactive AI: These systems optimise outputs based on specific inputs, but they lack memory or the ability to learn. Limited memory AI: This type of AI can adapt based on past experiences or new data. They have a limited memory capacity and update themselves to handle novel situations. Theory-of-mind AI: These AI systems have extensive learning capabilities and can retain past experiences. They are not self-aware or conscious. Self-aware AI: This type of AI is just a fiction yet. It would possess self-awareness and consciousness, recognizing its own existence raising ethical concerns of AI dominance in near future.]1 Impact and applications of AI Healthcare: AI can play a vital role in the genome analysis, personalised medication, Early diagnosis hence significantly reducing mortality and morbidity. Natural Language Processing: Various virtual assistants are powered by AI like Siri, Gemini, Alexa and provide features like voice recognition, voice command, service automation, language processing, etc. hence enhancing user experience and control. Financial Services: AI can be useful in providing financial services like fraud detection, risk assessment; algorithmic trading, personalized financial advice etc. due to its enhanced data analysis and processing capabilities. E-commerce and Marketing: AI helps organizations to improve their customer targeting and it is used by businesses to personalize customer experience, make product recommendations, optimize pricing practices and understand the behaviour of shoppers. Education: AI helps in creating personalized learning experiences for students and remote teaching platforms for ease of access to digital education. Agriculture: AI is used for crop monitoring, precision farming, and automated agricultural machinery. It can also play a vital role in the field of Genetically modified plants and organisms. Cybersecurity: Al helps in detecting and responding to cyber threats by analyzing traffic and detecting potential risks like viruses, malware, data hijacking, DDOS attacks etc. Need of Regulations: Major Areas of concern associated with AI AI- A threat to Republicanism and Democracy? It is alleged that in the US presidential elections of 2016, political hackers from Russia, supposedly connected to the Russian Authorities targeted the Democratic National Committee (DNC) and Hilary Clinton’s presidential campaign. They managed to access emails and other classified files which they then distributed through platforms such as WikiLeaks. The purpose of these leaks was to undermine Clinton’s campaign and throw into question people’s trust in the system of conducting election. In a Democratic and Republic country like India, the advent of AI could impact the election process in ways similar to the impact of Russian hackers on the 2016 US elections which in turn could result in failure of Ideals of our nation. Here are some potential scenarios: Disinformation Campaigns: These are manipulative campaigns that rely on AI technology to generate and spread a lot of false information, fake news, and propaganda on social media networks or platforms. In line with the Russian interference during the US elections, this can change public attitude, reduce trust for democratic institutions and alter voter conduct. Micro-targeting and Persuasion: AI is able to scrutinize huge volumes of voter preference details, demographics as well as behaviour to tailor political messages directly towards them. If AI-driven campaigns could send different messages to every voter that were tailored based on their psychological profiles, they might effectively control then influence voting patterns. Social Media Manipulation: Through amplifying divisive contents as well as spreading political propaganda by use of bots and automated accounts among others it leads to coordinated manipulation of online discourse. This may result into echo chambers, polarizing public debates thus distorting the information environment in favour of certain political actors or agendas. Election Tampering: Election infrastructures such as electronic voting machines voter registration databases and tallying systems could be targets of cyber-attacks powered by Artificial Intelligence (AI). By exploiting flaws in these systems malevolent actors would interfere with voting processes perpetrate election fraud. AI: A threat to humanity? [“Mitigating the risk of extinction from A.I. should be a global priority alongside other societal-scale risks, such as pandemics and nuclear war,”]2 The unintended consequences of AI can be risky to humanity, such as job displacement, prejudiced decision making and autonomous weapon systems. Lack of care in management may see AI worsen societal inequalities, endanger privacy rights and democratic freedoms while destabilizing the world at large. There is indeed a rapid technological development in AI with limited ethical guidelines thereby leading to misuses, exploitations and unforeseen aftermaths. In order to prevent these risks associated with AI, proactive steps must be taken so that transparency, accountability and responsible use can minimize its likely harm while maximizing its positive aspects to mankind. AI: an Unforeseen Challenge to Cybersecurity: In India, AI’s ascent raises issues for cybersecurity: AI-Powered Attacks: This enables AI to create complex cyberattacks that can bypass traditional protection measures. Data Privacy: The use of AI in gathering data has raised privacy concerns. AI System Vulnerabilities: Bad actors can manipulate AI algorithms, which puts critical infrastructure at risk. Bias and Discrimination: Cybersecurity practices based on AI algorithms may have biased results. Cybersecurity Talent Gap: The shortage of skilled personnel hinders the defense against this type of AI-induced threat. CURRENT POSITION OF INDIA IN AI REGULATIONS [In India, as of now, there are no specific provisions for AI but the Government is worried about this lack. Recently though, IT Minister Ashwini Vaishnaw acknowledged that in India, there are no regulations on Ai and it would be impossible to have regulation on Ai by Indian government due to many moral and ethical issues pertaining to development of Ai in India. The India government has also established a MeiTY (Ministry of Electronics and Information Technology) office in its own nation.]3 This means that there should be regulations guiding the introduction of AI considering how fundamentally it changes things and their risks for people, society and global stability. In this regard, as AI technologies continue to advance and spread across various sectors, robust regulatory frameworks are essential to make sure that these developments are in conformity with ethical considerations, safety standards and legal requirements. Effective regulation of AI calls for a multi-faceted approach that encompasses multiple aspects including; ethical use; safety standards; transparently , data privacy; bias reduction ; economic impact ; national security among others. To avoid the negative impacts that can arise from open-ended development of AI technology, regulators need to establish clear guidelines and mechanisms towards compliance. Moreover, regulatory interventions are imperative in fostering accountability among developers, users and adopters leading to risk mitigation and trust building around artificial intelligent systems. One can also bring about responsible AI practices via transparency requirements as well as mechanisms for auditing and oversight so that decision-making procedures remain susceptible to scrutiny. Moreover, the international community must come together to address the global consequences of AI governance because it is a multi-national issue. Harmonizing regulatory approaches and promoting cooperation between countries could enable the sharing of best practices, encourage common standards and limit regulatory arbitrage. Simply put, regulations are necessary for managing the responsible creation and application of AI tools in line with societal values, ethical principles and legal rules. Working towards a future where AI facilitates positive change in society but does not pose risks requires the adoption of a proactive collaborative regulation by all stakeholders concerned. REFERENCES Online Articles / Sources Referred https://cloudacademy.com/blog/types-of-ai/#:~:text=What%20are%20the%204%20main,of%20mind%20and%20self%2Daware https://www.nytimes.com/2023/05/30/technology/ai-threat-warning.html https://www.legalserviceindia.com/legal/article-13111-laws-governing-ai-in-india-everything-you-should-know.html Blogs referred: https://hbr.org/2021/09/ai-regulation-is-coming https://emeritus.org/in/learn/ai-and-ml-ai-regulation-trends/ - [Sedition under Section 124-A IPC](https://lawfoyer.in/sedition-under-section-124-a-ipc/) - Definition and Legal Status Sedition, a term not explicitly mentioned in Section 124-A of the Indian Penal Code (IPC), embodies actions aimed at inciting disaffection, hatred, or contempt against the government established by law. Sir James Stephen's definition encapsulates this concept, highlighting the difference between seditious intention and legitimate criticism of the government for reformative - [THE DOCTRINE OF HARMONIOUS CONSTRUCTION](https://lawfoyer.in/the-doctrine-of-harmonious-construction/) - By - PEULI CHAKRABORTY (THE UNIVERSITY OF BURDWAN,WEST BENGAL) INTRODUCTION The Doctrine of Harmonious Construction is a monumental principle, when it comes to the interpretation of statutes . It intends to resolve out the disputation between the legal provisions or statutes and creates conformity between those. This principle guarantees the reasonable and fair application of - [CHIRANJIT LAL CHOUDHATMRY V. UNION OF INDIA AND OTHERS](https://lawfoyer.in/chiranjit-lal-choudhatmry-v-union-of-india-and-others/) - By - MANSI (UNIVERSITY FIVE YEAR LAW COLLEGE, UNIVERSITY OF RAJASTHAN, JAIPUR) ABSTRACT / HEADNOTE The case Chiranjit lal choudhary v. Union of India case is a critical case in Indian protected law. This case includes a shareholder of the Sholapur Turning and Weaving Company Restricted challenging the sacred legitimacy of the Bihar Arrive Changes - [B.R. Enterprises Etc, Etc vs State of the U.P. And Grs. Etc: Etc ](https://lawfoyer.in/b-r-enterprises-etc-etc-vs-state-of-the-u-p-and-grs-etc-etc/) - By -TANISHKA SAXENA (AMITY UNIVERSITY, LUCKNOW) ABSTRACT In this case, an order was passed by the state of UP banning the state lotteries of the other state from using the power that was provided under section 5 of the impugned ordinance act. After the order affected states invigorated the provision in different state's high courts. While - [M/S. Shree Vishnu Constructions Vs. The Engineer in Chief Military Engineering Services & Ors.](https://lawfoyer.in/m-s-shree-vishnu-constructions-vs-the-engineer-in-chief-military-engineering-services-ors/) - By - M. Yesaswini Sai Nikitha (Dr.B.R.Ambedkar College of Law, Andhra University) ABSTRACT In the present case, both the appellant and the respondent entered into an agreement regarding the renovation of floors and modifications to be made to the mess in the Tech area, at Air Force Academy, Hyderabad. After finishing the work, the - [State of Uttaranchal v. Balwant Singh Chaufal](https://lawfoyer.in/state-of-uttaranchal-v-balwant-singh-chaufal/) - A) ABSTRACT / HEADNOTE In 'State Of Uttaranchal vs Balwant Singh Chaufal & Ors,' the Supreme Court addresses constitutional nuances. Focusing on Advocate General appointment criteria, it delves into Articles 165 and 217. This judgment is a pivotal interpretation in public interest litigation, setting new legal precedents. Keywords: Constitution, Advocate General, Articles 165 and 217, - [Islamic Academy Of Education vs State Of Karnataka And Others (2003)](https://lawfoyer.in/islamic-academy-of-education-vs-state-of-karnataka-and-others-2003/) - A) ABSTRACT / HEADNOTE The case of Islamic Academy Of Education vs State Of Karnataka And Others (2003) delves into the nuanced interpretation of educational rights under Article 30 of the Indian Constitution. Central to the dispute is the autonomy of unaided minority educational institutions in setting admission criteria and fee structures, juxtaposed against regulatory - [Frank Anthony Public School vs Union Of India](https://lawfoyer.in/frank-anthony-public-school-vs-union-of-india/) - A) ABSTRACT The Supreme Court, in Frank Anthony Public School vs Union Of India & Ors, tackled a crucial question. It examined whether sections 8 to 11 and 12 of the Delhi School Education Act, 1973, infringed upon Article 30 rights of unaided minority schools. The case struck a balance between self-administration rights of these - [ADR Drafting and Literary Society of Faculty of law, University of Lucknow, Lucknow, Uttar Pradesh are organizing 2nd National Law fest (Virtual)](https://lawfoyer.in/adr-drafting-and-literary-society-of-faculty-of-law-university-of-lucknow-lucknow-uttar-pradesh-are-organizing-2nd-national-law-fest-virtual/) - About the University The University of Lucknow or Lucknow University is a government-owned Indian research university based in Lucknow. Founded in 1867, the University of Lucknow is one of the oldest government-owned institutions of higher education in India. About the Society ADR, Drafting and Literary Society (ADLS) is an academic body that was constituted in - [6th National Moot Court Competition by Gitarattan International Business School on 29th & 30th March 2024](https://lawfoyer.in/6th-national-moot-court-competition-by-gitarattan-international-business-school-on-29th-30th-march-2024/) - Download Brochure ABOUT GIBS Gitarattan International Business School was established in 2004 under the aegis of the Rohini Educational Society. The society is proudly running various other successful institutions in Delhi, like the Gitarattan Institute of Advanced Studies and Training, the Gitarattan Jindal Public School, and the Sovereign School. ABOUT NATIONAL MOOT COURT COMPETITION It - [Indira Nehru Gandhi v. Raj Narayan, AIR 1975 SC 2299](https://lawfoyer.in/indira-nehru-gandhi-v-raj-narayan-air-1975-sc-2299/) - NIGHILKUMAR M (Government Law College, Dharmapuri) Affiliated to Tamil Nadu Dr Ambedkar Law University, Chennai, Tamil Nadu. ABSTRACT / HEADNOTE This paper is analysing the case Indira Nehru Gandhi v. Raj Narain, also known as election case. This case discusses the validity of 39th Constitutional Amendment Act, validity of Article 329A and the matter of - [MATHEWS J.NEEDUMPARA AND OTHERS VS UNION OF INDIA AND OTHERS]  2023 SCC ONLINE SC 1339](https://lawfoyer.in/mathews-j-needumpara-and-others-vs-union-of-india-and-others-2023-scc-online-sc-1339/) - CHOPPALI .VENKATA KALYANI, (DR. B R AMBEDKAR COLLEGE OF LAW, ANDHRA UNIVERSITY) ABSTRACT / HEADNOTE This case was related to rights and privileges of senior advocates as well as the designation of senior advocates. Articles 14, 19, and 21 of the Indian Constitution are involved in this case. Sections 16 and 23(5) of the Advocates - [National Legal Service Authority v. Union of India, AIR 2014 SC 1863](https://lawfoyer.in/national-legal-service-authority-v-union-of-india-air-2014-sc-1863/) - JAHNVI GOEL (AMITY UNIVERSITY, LUCKNOW) ABSTRACT / HEADNOTE This particular case was a landmark decision that assured and gave guarantee to the rights and protection of the transgender community in India for the very first time and discussed “gender identity” and “third gender” at great length. The first petition was filed by the National Legal - [Pavana Dibbur v. Enforcement Directorate, Criminal Appeal NO.2779 OF 2023](https://lawfoyer.in/pavana-dibbur-v-enforcement-directorate-criminal-appeal-no-2779-of-2023/) - Rajita (VMS College of Law) ABSTRACT: The case of Pavana Dibbur v. Enforcement Directorate, Criminal Appeal No. 2779 of 2023 is an example of the legal issues nearby the actions of the Enforcement Directorate (ED) of India. Pavana Dibbur, who is filing this appeal, objected to the provisions imposed by the ED. The document does - [Association for Democratic Reforms v/s Union of India](https://lawfoyer.in/association-for-democratic-reforms-v-s-union-of-india/) - Author: Hiteishi Sharma, KG Shah Law School / SNDT University ABSTRACT / HEADNOTE "If the people who are elected are capable and men of character and integrity..... If they are lacking in these, the Constitution cannot help the country ..... , and India needs today nothing more than a set of honest men …[1]" Yes, - [Sondur Gopal v. Sondur Rajini](https://lawfoyer.in/sondur-gopal-v-sondur-rajini/) - AUTHOR: HEMANT JARWAL, UNIVERSITY OF FIVE YEAR LAW COLLEGE, UNIVERSITY OF RAJASTHAN ABSTRACT / HEADNOTE In the present case, The husband (Appellant) and the Wife (Respondent) got married and left for Sweden. They were granted Sweden citizenship and In the same year, they moved to Mumbai, and then they shifted to Sydney and stayed there - [GOVT. OF ANDHRA PRADESH V. CH. GANDHI](https://lawfoyer.in/govt-of-andhra-pradesh-v-ch-gandhi/) - AUTHOR: AYUSHI MAHAWAR, VES COLLEGE OF LAW, MUMBAI ABSTRACT In the case of the Government of Andhra Pradesh and Others v. Ch. Gandhi, disciplinary actions were taken against Ch. Gandhi, a senior accountant, that led to his demotion and the suspension of further promotions. Whether the penalty is in line with the Andhra Pradesh Civil - [SAJJAN SINGH Vs. STATE OF RAJASTHAN](https://lawfoyer.in/sajjan-singh-vs-state-of-rajasthan/) - AUTHOR: ANURUPA PAL, TECHNO INDIA UNIVERSITY, KOLKATA ABSTRACT / HEADNOTE The "Sajjan Singh vs State Of Rajasthan" case is centred on the legitimacy of the Constitution (Seventeenth Amendment) Act of 1964, which tried to protect the legality of legislative provisions related to agricultural reform that were being challenged. The petitioners contended before the Supreme Court - [Kithota Hollohan V. Zachillhu, AIR 1993 SC 412](https://lawfoyer.in/kithota-hollohan-v-zachillhu-air-1993-sc-412/) - AUTHOR: ANIRUDH YADAV, UNIVERSITY FIVE YEAR LAW COLLEGE BACKGROUND OF THE CASE A constitution can be defined as a written document containing rules, laws and regulations in order to govern a country. The Indian Constitution is considered as the supreme or “grundnorm” law of the land. Its preamble is about the sovereignty of people, democratic - [Rai Sahib Ram Jawaya Kapur And Ors. Vs The State Of Punjab (1955) 2 SCR 225](https://lawfoyer.in/rai-sahib-ram-jawaya-kapur-and-ors-vs-the-state-of-punjab-1955-2-scr-225/) - Author: Aish, RIMT School Legal Studies, RIMT UNIVERSITY ABSTRACT / HEADNOTE No right is absolute in nature. This does not only apply to the citizens of the country but also to the governing body such as administrative agencies and governments as well. This is important to ensure that there is no arbitrariness during the administration - [State Of Bihar and Ors vs Chandreshwar Pathak](https://lawfoyer.in/state-of-bihar-and-ors-vs-chandreshwar-pathak/) - AMAN TYAGI, UFYLC, JAIPUR, RAJ. ABSTRACT / HEADNOTE - This case analysis scrutinizes the Supreme Court judgement in State of Bihar and Ors vs Chandreshwar Pathak. The case includes the termination of Chandreshwar Pathak from the post of constable in Bihar police , which he had secured temporarily in 1988 without undergoing any selection process - [RMDC V/S UNION OF INDIA](https://lawfoyer.in/rmdc-v-s-union-of-india/) - Author: Advait Sharma, University Five Year Law College, Jaipur ABSTRACT: The case of R.M.D. Chamarbaugwalla v. Union of India, commonly known as the RMDC case, was a landmark judgment by the Supreme Court of India in 1957. The case involved a constitutional challenge to the Bombay Prevention of Gambling Act, which prohibited certain forms of - [Common Cause a Regd. Society vs Union of India 2023 SCC OnLine SC 99](https://lawfoyer.in/common-cause-a-regd-society-vs-union-of-india-2023-scc-online-sc-99/) - Author: Masooma Naqvi, Amity University, Uttar Pradesh ABSTRACT / HEADNOTE- The following case includes the appellant which is Indian Society of Critical Care Medicine, who sought to seek clarifications on the judgement given in Common Cause (A Registered Society) v. Union of India and Another (2018) 5 SCC 1. The matter was referred to a - [State (Through CBI ) v Santosh Kumar Singh](https://lawfoyer.in/state-through-cbi-v-santosh-kumar-singh/) - Author: Nida, Christ (deemed to be) University Lavasa, Pune INTRODUCTION This judge's decision to let the accused go free in the Priyadarshini Mattoo case shows that our justice system is not working properly. People are upset because it seems like powerful people can get away with crimes. Corruption and political influence have made our courts - [Godawat Pan Masala Products Private Ltd. v. Union of India](https://lawfoyer.in/godawat-pan-masala-products-private-ltd-v-union-of-india/) - AUTHOR: NAVEENA K, CHETTINAD SCHOOL OF LAW ABSTRACT / HEADNOTE The case involved writ petitons and appeals the all of the case has be issued the same issue with different state.The main issue was the validity of notification issued by Food (Health) Authority under the Prevention of food adulteration act 1954.Banning of panamasal and gutka - [ARUNA ROY V. UNION OF INDIA AIR 2002 SC 3176](https://lawfoyer.in/aruna-roy-v-union-of-india-air-2002-sc-3176/) - AUTHOR: RITUPARNA PANDA, BIRLA GLOBAL UNIVERSITY, BHUBANESWAR ABSTRACT / HEADNOTE This case mainly relies on a writ suit bought by Ms. Aruna Roy and others against the Union of India and Others over the execution of the National Curriculum framework for School Educations 2000 (NCFSE) without the approval of the Central Advisory Board of Education - [SELVI V. STATE OF KARNATAKA AIR 2010 SC 1974](https://lawfoyer.in/selvi-v-state-of-karnataka-air-2010-sc-1974/) - Author: Rutvij Vyas (Faculty of Law, GLS University) ABSTRACT / HEADNOTE Smt. Selvi V. State of Karnataka, is a leading case of Hon’ble Supreme court, which answered the question of law, whether the pscyo-scientific techniques such as polygraph test, narcoanalysis, BEAP test, can be used to administer criminal justice. The three judge bench of Js - [NTPC LTD. VERSUS M/S SPML INFRA LTD.](https://lawfoyer.in/ntpc-ltd-versus-m-s-spml-infra-ltd/) - AUTHOR: PRIYANSHU TYAGI, MEWAR LAW INSTITUTE ABSTRACT / HEADNOTE In the Current case, National Thermal Plant Corporation Ltd or NTPC Ltd.( the appellant) approached The Hon’ble Supreme Court of India challenging the decision of Delhi High Court dated 08.04.2021 in favour of M/s SPML Infra Ltd. ( the respondent) which allowed the respondent’s application to - [V. SENTHIL BALAJI VERSUS THE STATE REPRESENTED BY DEPUTY DIRECTOR AND ORS.](https://lawfoyer.in/v-senthil-balaji-versus-the-state-represented-by-deputy-director-and-ors/) - AUTHOR: MONIKA GURJAR, DHARMASHASTRA NATIONAL LAW UNIVERSITY, JABALPUR ABSTRACT / HEADNOTE In the present case, a case was registered against the appellant and a search was conducted by enforcement directorate under section 19 of PMLA 2002. The accused was taken to hospital due to medical reasons; his wife filed the writ of habeas corpus under - [People’s Union for Democratic Rights and Ors Vs Union of India and Ors](https://lawfoyer.in/peoples-union-for-democratic-rights-and-ors-vs-union-of-india-and-ors/) - Author: Posa Venkata Bhavya, Sri Padmavati Mahila Visva Vidyalayam ABSTRACT / HEADNOTE The mission of the People's Union for Democratic Rights is to defend the legal rights of laborers and workers under labor laws. The petitioners have called for equal pay for all workers without regard to gender, health precautions for workers in dangerous jobs like construction sites, and safety measures for employees at work. In this instance, these rights were contested. Keywords (Minimum 5): Labourers, workers, employers, employees, Article 32, Article 24, PIL, Fundamental Rights, Contract, Wages, Construction, responsibility. CASE DETAILS INTRODUCTION AND BACKGROUND OF JUDGEMENT This case is a landmark judgement deals with workers rights regarding minimum wages work condition - [UNION OF INDIA vs AIR COMMODORE N.K SHARMA, 2023 SCC ONLINE SC 1673](https://lawfoyer.in/union-of-india-vs-air-commodore-n-k-sharma-2023-scc-online-sc-1673/) - AUTHOR: SAMRUDDHI P NAIK, ST. WILFRED’S COLLEGE OF LAW, PANVEL ABSTRACT / HEADNOTE In a democratic country like India, where the nation has diversified economically, financially, and socially. There are few intolerant behaviors in terms of the Rights of citizens granted by The Constitution of India to the society. In this Modern Era, where Skills - [State of Tamil Nadu & Ors. v. K Shyam Sunder & Ors., (2011) 8  SCC 737](https://lawfoyer.in/state-of-tamil-nadu-ors-v-k-shyam-sunder-ors-2011-8-scc-737/) - AUTHOR: SHRUTI MAYUR, AMITY UNIVERSITY ABSTRACT / HEADNOTE In 2011, the Supreme Court of India ruled in State of Tamil Nadu & Ors vs K Shyam Sunder that a child's right to education includes the right to a quality education without discrimination. The court also found fault with the report of an expert committee and - [Dr Yogesh Bharadwaj v. State of Uttar Pradesh, AIR 1991 SC 356](https://lawfoyer.in/dr-yogesh-bharadwaj-v-state-of-uttar-pradesh-air-1991-sc-356/) - AUTHOR: VELAGADA MOUNIKA, DR. B. R.AMBEDKAR COLLEGE OF LAW [ ANDHRA UNIVERSITY] ABSTRACT / HEADNOTE In the present case the appellant was nominated by Himachal Pradesh to undergo B.D.S degree in Uttar Pradesh he stayed over 5 years for the completion of his course and successfully secured his degree later he applied for the M.D.S - [Batliboi Environmental Engineers Ltd. v. Hindustan Petroleum Corpn. Ltd.,2023](https://lawfoyer.in/batliboi-environmental-engineers-ltd-v-hindustan-petroleum-corpn-ltd-2023/) - AUTHOR: KAMALJEET KAUR, UNIVERSITY FIVE YEAR LAW COLLEGE, UNIVERSITY OF RAJASTHAN ABSTRACT / HEADNOTE This case of Batliboi Environmental Engineers Limited(BEEL)v. Hindustan Petroleum Corporation Limited and Another(HPCL) delves into a contractual dispute between the plaintiff (BEEL), and the defendants (HPCL) and Ar. This case revolves around the interpretation of some facts of a contract for - [Ramlila Maidan v. Home Secretary, Union of India, (2012) 5 SCC 1](https://lawfoyer.in/ramlila-maindan-union-of-india-case/) - AUTHOR: DEEPTI, MERI PROFESSIONAL AND LAW INSTITUTE ABSTRACT In this landmark case, the fundamental right to peaceful assembly was granted under the constitution of India. The case begins with a violent protest which was meant to be peaceful gathering at Ramlila Maidan which is situated in Delhi. The court mentioned the significance of right to - [MANOJ KUMAR SONI V. THE STATE OF MADHYA PRADESH](https://lawfoyer.in/manoj-kumar-soni-v-the-state-of-madhya-pradesh/) - AUTHOR: CHELIMELA LAKSHMI, DR.B.R. AMBEDKAR COLLEGE OF LAW, ANDHRA UNIVERSITY ABSTRACT / HEADNOTE In the case of Manoj Kumar Soni V. The state of Madhya Pradesh with Kallu@Habib V. The state of Madhya Pradesh, there were six accused persons namely Suleman, Arif, Jaihind, Manoj Kamar Soni, Kallu@Habib and a minor. Except minor remaining accused persons - [E.P. Royappa v. State of Tamil Nadu](https://lawfoyer.in/e-p-royappa-v-state-of-tamil-nadu/) - Author: Konda Lakshmi Pravalika, Sri Padmavati Mahila Visvavidyalayam ABSTRACT / HEADNOTE) Equality before the law implies that no individual, regardless of their status or position, is above the law. It ensures that everyone is subject to the same legal principles and processes, without any special privileges. On the other hand, equal protection of laws requires - [T.M.A. Pai Foundation v. State of Karnataka, AIR 2003 SC 355](https://lawfoyer.in/t-m-a-pai-foundation-v-state-of-karnataka-air-2003-sc-355/) - Author: Diya Dhall, Vivekananda Institute of Professional Studies - Technical Campus ABSTRACT / HEADNOTE The judgment in T.M.A. Pai Foundation v. State of Karnataka (Writ Petition (Civil) Nos. 252 of 1979) was delivered by the Supreme Court of India on October 31, 2002. The case dealt with the interpretation of Article 30 of the Indian - [Delhi Cloth And General Mills & Ors. v.Union Of India & Ors. on 21st July 1983](https://lawfoyer.in/delhi-cloth-and-general-mills-ors-v-union-of-india-ors-on-21st-july-1983/) - Author: Khushi (University Institute of Legal Studies, Panjab University, Chandigarh) ABSTRACT The petitioners/appellants challenged the constitutional validity of both s. 58A and r. 3A mainly on the ground that the obligation imposed by r. 3A contravened the rights guaranteed under Arts. 14 and 19(1) (g). The respondents raised a preliminary objection to the maintainability of - [Indian Express Newspapers v. Union of India, (1985) 1 SCC 641](https://lawfoyer.in/indian-express-newspapers-v-union-of-india-1985-1-scc-641/) - Author: Romika Narotra, Amity University Noida ABSTRACT / HEADNOTE On December 6, 1984, the Supreme Court of India heard his case and had carefully considered legal issues regarding freedom of speech and expression and freedom of the press. The applicants Indian Newspapers (Mumbai) Private Limited and Others protested the government’s decision to export the printed - [Ramesh Sanka Vs. Union of India (2019) 3 SCC 589](https://lawfoyer.in/ramesh-sanka-vs-union-of-india-2019-3-scc-589/) - Author: Vinishalakshmi (SMT.K.G. Shah Law School / SNDT University) ABSTRACT / HEADNOTE In this present case the appellate (Ramesh Sanka) filed a Writ petition Under Article 32 of Indian Constitution Seeking for the issuance of Writ of Mandamus and CBI’S investigation into allegations against respondent. The petitioner alleged that the activities of Respondent i.e. (a - [Right To Maintenance Under Criminal Law: Provisions, Principles, And Cases](https://lawfoyer.in/right-to-maintenance-under-criminal-law-provisions-principles-and-cases/) - Author: Vinishalakshmi, SMT. K.G. Shah Law School Affiliated to SNDT University INTRODUCTION Maintenance means giving necessary supplies to a person for survival. It includes Shelter, food, clothing and every aspect of human life. It is an Economic Umbrella to the Weaker having no sufficient means to maintain themselves. Section 3(b) of the Hindu Adoption and - [CPL Ashish Kumar Chauhan v. Commanding Officer](https://lawfoyer.in/cpl-ashish-kumar-chauhan-v-commanding-officer/) - AUTHOR: INNAMA HAIDER (AMITY UNIVERSITY) ABSTRACT / HEADNOTE In this present case a appellant who was a radar technician who was serving with Indian Army Officer who were deployed at Indo-Pak border for Parakram Operation after tension heightened between India and Pakistan because of the attack on Indian Parliament (i.e. on 13 December 2001). The - [3rd AIU National Moot Court Competition, hosted by D Y Patil Deemed to be University School of Law, Navi Mumbai. Register by 10th March, 2024.](https://lawfoyer.in/3rd-aiu-national-moot-court-competition-hosted-by-d-y-patil-deemed-to-be-university-school-of-law-navi-mumbai-register-by-10th-march-2024/) - About Association of Indian Universities The Association of Indian Universities is an Apex Advisory Body on HigherEducation mandated by the Ministry of Education, to determine the equivalenceof foreign degrees and conduct Youth Affairs & Sports Activities in the HigherEducation Sector in India. At present, AIU has about 985 member universities(central, Institute of National Importance, state - [Balram Singh V. Union of India](https://lawfoyer.in/balram-singh-v-union-of-india/) - By - Jagrit Singla (Baba Farid Law College, Faridkot) ABSTRACT / HEADNOTE Manual Scavenging is a huge inhuman activity which increases the problem of discrimination in the society. It is a big concern and global issue which needs to be addressed by altering the legislative reforms, increasing penalties and punishments and by spreading the social - [Damayanti v. Union of India, AIR 1971 SC 9662d](https://lawfoyer.in/damayanti-v-union-of-india-air-1971-sc-9662d/) - By - Naman Jain (Galgotias University) ABSTRACT / HEADNOTE In the case of Damayanti vs Union of India, the focus was on the interpretation of Article 19(1)(c) of the Indian Constitution, which guarantees the fundamental freedom to associate. Specifically, the case examined the constitutional validity of the Punjab Prevention of Damage to Public and Private - [Hussainara Khatoon V Home Secretary , State of Bihar](https://lawfoyer.in/hussainara-khatoon-v-home-secretary-state-of-bihar/) - By - SUSHMANA PANDEY (AMITY UNIVERSITY LUCKNOW) ABSTRACT / HEADNOTE Petition was filed for the issue in a form of writ of HABEAS CORPUS. The petitioner declared that plenty of prisoners including men, women as well as children were in prison for years waiting for their trial inside the court. The offence is proved in - [Nandini Satpathy v. P.L. Dani, AIR 1977 SC 1025](https://lawfoyer.in/nandini-satpathy-v-p-l-dani-air-1977-sc-1025/) - SHREEJAL TRIPATHI (Amity University, Lucknow) ABSTRACT / HEADNOTE Former chief minister of Orissa was the appellant in this case. Many charges of corruption were put against her and in the course of inquiry she was called upon to attend at a police station to answer certain written questions. The appellant declined to answer questions asked - [Call for Blogs: Centre for Law and Urban Development Blog](https://lawfoyer.in/call-for-blogs-centre-for-law-and-urban-development-blog/) - ABOUT THE CENTRE The Centre for Law & Urban Development at National Law University, Delhi, aims to bring together the students, industries and academia working towards enhancing the understanding and teaching of property, housing, urban development and other related laws. In doing so, the Centre has undertaken a variety of projects and activities, such as - [Bachan Singh v. State of Punjab](https://lawfoyer.in/bachan-singh-v-state-of-punjab/) - Chaitanya Sharma (National Forensic Sciences University, Delhi Campus) ABSTRACT / HEADNOTE The Bachan Singh v State of Punjab [1]is a landmark case in constitutional law of India which deal with constitutionality of capital punishment in India under Article 21 [2]of Indian constitution. The following case give birth to the new doctrine named as “Rarest of - [Subhash Desai v. Governor of Maharashtra](https://lawfoyer.in/subhash-desai-v-governor-of-maharashtra/) - By - GAUTAM KUMAR (CENTRAL UNIVERSITY OF SOUTH BIHAR,GAYA) ABSTRACT In the case of Subhash Desai vs Principal Secretary, Governor of Maharashtra & Ors[1], the Supreme Court considered a request for a reference to a larger Bench regarding the decision in Nabam Rebia and Bamang Felix vs Deputy Speaker, Arunachal Pradesh Legislative Assembly. The issue - [R.C. Poudyal vs. Union of India, AIR 1993 SC 1804](https://lawfoyer.in/r-c-poudyal-vs-union-of-india-air-1993-sc-1804/) - Author: Sulesh Choudhary (University Five Year Law College, University of Rajasthan ABSTRACT / HEADNOTE In the present case, the constitutional validity of the reservation system was questioned which was in practice from earlier in the state of Sikkim during the reign of King Chogyal when Sikkin was under a hierarchical monarchy. Initially, the reservation system - [State of West Bengal v. Chiranjilal (Mineral) Industries of Bagandih, 2023 SCC OnLine SC 1149](https://lawfoyer.in/state-of-west-bengal-v-chiranjilal-mineral-industries-of-bagandih-2023-scc-online-sc-1149/) - State of West Bengal v. Chiranjilal (Mineral) Industries of Bagandih, 2023 SCC OnLine SC 1149 - [Babulal Parate vs The State of Bombay and Another on (28 August 1959)](https://lawfoyer.in/babulal-parate-vs-the-state-of-bombay-and-another-on-28-august-1959/) - Author: Pooja, Rayat College Of Law, Railmajra (Affiliated to Panjab University, Chandigarh) ABSTRACT / HEADNOTE It is a fact that the Constitution is the foundation of all of the laws in our country (India)[1]. However, we observed or heard the contentions that ‘Y’ Provision of ‘X’ Act is against our Constitution and made before the - [11th National Quiz Competition on Indian Contract Act by LawFoyer: Register by 16th February](https://lawfoyer.in/11th-national-quiz-competition-on-indian-contract-act-by-lawfoyer/) - Download Answer Key Check Results Download Certificates Dates Date of Quiz:- 18/02/2024 (5 Pm) Last Date to Apply:- 16/02/2024, 11:59 pm Result Declaration:- 24/02/2024 Prizes 1st prize- Rs 1500 + Winner Trophy 2nd prize- Rs 1000 + 1st Runner Up Trophy 3rd prize- Rs 500 + 2nd Runner Up Trophy 4th-10th Prize- Rs 150 + Certificate of Excellence - [Sushil Kumar Sharma vs. Union Of India and Ors.](https://lawfoyer.in/sushil-kumar-sharma-vs-union-of-india-and-ors/) - (By Eeshmitha Ranjani[1]) In supreme court of India ABSTRACT- A writ petition was filed by the petitioner urging the court, to profess Section 489A to be unconstitutional and ultra vires. He requested to frame substitute guidelines for the safeguard of innocent people who were being falsely alleged by unscrupulous persons with frivolous and ulterior motives, - [SHAFIN JAHAN VS ASHOKAN K.M. AND OTHERS](https://lawfoyer.in/shafin-jahan-vs-ashokan-k-m-and-others/) - SHAFIN JAHAN VS ASHOKAN K.M. AND OTHERS - [K.M. NANAVATI V. STATE OF MAHARASHTRA](https://lawfoyer.in/k-m-nanavati-v-state-of-maharashtra/) - MISS. VAISHNAVI KRUSHNA PARATE[1] In the Supreme Court of India ABSTRACT The case has raised the crucial idea of "grave and sudden provocation." The judgement also emphasises the governor's power to grant pardons. This important case served as the inspiration for numerous films and books. Some of the films and web series that were influenced - [Patan Jamal Vali vs. The State of Andhra Pradesh](https://lawfoyer.in/patan-jamal-vali-vs-the-state-of-andhra-pradesh/) - BY- ANJALI SINGH[1] In the High Court of Andhra Pradesh ABSTRACT In the following case, the appellant Patan Jamal Vali appealed to the Supreme Court of India after being aggrieved by the order passed by the Andhra Pradesh High Court as it convicted the accused under Section 3(2)(v) of the Scheduled Castes and the Scheduled - [The State of Jharkhand vs Shailendra Kumar Rai @ Pandav Rai](https://lawfoyer.in/the-state-of-jharkhand-vs-shailendra-kumar-rai-pandav-rai/) - By Ashmit Sen[1] In the Supreme Court of India ABSTRACT In the present case, the respondent was alleged to have raped the victim and after that had pored kerosene on her and set her on fire as a result of such burn injuries, she later died due to septicaemia. The sessions court had convicted the - [Om Hemrajani v. State of Uttar Pradesh](https://lawfoyer.in/om-hemrajani-v-state-of-uttar-pradesh/) - By Shramana Paul[1] In the Supreme Court of India Abstract Non-bailable warrants and processes had been issued against the appellant/petitioner by a magistrate in Ghaziabad on a complaint by a Dubai-based bank, whom the appellant had allegedly taken a loan from and then absconded from the UAE without discharging his liability. This previous case was - [Rural Litigation and Entitlement Kendra vs State of U.P.](https://lawfoyer.in/rural-litigation-and-entitlement-kendra-vs-state-of-u-p/) - By Gargee Yadav[1] In the Supreme Court of India ABSTRACT In the case of Rural Litigation and Entitlement Kendra vs. State of Uttar Pradesh, a writ petition was presented before the Supreme Court, addressing the issue of unauthorized and illegal limestone mining activities in the Mussoorie Hill range, Dehradun, India. The petitioner contended that such - [Independent Thought v. Union of India & Anr.](https://lawfoyer.in/independent-thought-v-union-of-india-anr/) - By Ayush Upadhyay In the Supreme Court of India Abstract In this case, the petitioner Independent Thought a society was registered on 6/8/2009 which has been working in the Welfare of child rights filed writ petition no. 382/2013 resentment on exception 2 of the section 375 of the Indian Penal Code, 1860 before the Apex - [PT. PARMANAND KATARA VS. UNION OF INDIA](https://lawfoyer.in/pt-parmanand-katara-vs-union-of-india/) - By Yukta Bissa ABSTRACT This case is a PIL (Public Interest Litigation) which was filed in general interest of the public, protecting their right to life and heart. The case was contested after the death of a victim of road accident due to the delay in his treatment by the medical practitioners. The doctors at - [Mohd. Gulzar v. State](https://lawfoyer.in/mohd-gulzar-v-state/) - By Ashmit Sen[1] In the High Court of Judicature for Rajasthan at Jodhpur Abstract The present case deals with the issue whether an executive magistrate can pass a final order directly on the basis of a complaint of public nuisance without following the provisions of Section 133 of CrPC and when the person against whom, - [Lily Thomas, Etc. Etc. vs Union of India & Ors. ](https://lawfoyer.in/lily-thomas-etc-etc-vs-union-of-india-ors/) - By Ashmit Sen[1] In the Supreme Court of India Abstract The present case is a landmark case which dealt with the offence of bigamy where the respondent no. 3 had changed his religion to Islam only for the reason so that he could marry a second time which was strictly prohibited under Hindu Law. Such - [State of Haryana and Ors vs Ch. Bhajan Lal And Ors](https://lawfoyer.in/state-of-haryana-and-ors-vs-ch-bhajan-lal-and-ors/) - By Chandrika yenugupalli[1] In the supreme court of India ABSTRACT The State of Haryana vs. Bhajan Lal case stands as a significant judicial milestone in the Indian legal system, specifically addressing the issue of political corruption and the abuse of power. This case analysis aims to provide a concise summary of the case, its - [CHHATTISGARH STATE ELECTRICITY BOARD V. CHHATTISGARH HUMAN RIGHTS COMMISSION & ORS.](https://lawfoyer.in/chhattisgarh-state-electricity-board-v-chhattisgarh-human-rights-commission-ors/) - By Ayush Upadhyay[1] In the Chhattisgarh High Court Abstract Human Rights comprises of rights of human regarding to their life, liberty, equality and also in relation with their properties. Human rights are primary, basic, inherent and inalienable rights to which a person authorized by virtue of being human. In the case that we are going - [SUSHIL KUMARI DANG VS PREM KUMARI](https://lawfoyer.in/sushil-kumari-dang-vs-prem-kumari/) - BY MISS SHALINI DHYANI[1] IN THE HIGH COURT OF DELHI ABSTRACT One of the basic requirement or necessity of the marriage is that the husband and wife must live together and they should respect each other’s mutual rights. Marriage binds two persons with the certain obligations that cannot be ignored because both are devoted to - [Kishore Singh v. State of Rajasthan, AIR 1981 SC 62](https://lawfoyer.in/kishore-singh-v-state-of-rajasthan-air-1981-sc-62/) - A) ABSTRACT / HEADNOTE The case involves a habeas corpus petition filed on behalf of three prisoners who were kept in solitary confinement with cross-bar fetters for extended periods ranging from 8-11 months in Jaipur Central Jail on grounds like loitering, insolent behavior etc. The Court held that keeping prisoners in solitary confinement and putting - [Smt. SAROJ RANI VS SUDHARSHAN KUMAR](https://lawfoyer.in/smt-saroj-rani-vs-sudharshan-kumar/) - BY MISS SHALINI DHYANI[1] IN THE SUPREME COURT OF INDIA ABSTRACT Marriage in all personal laws is considered to be a sacred union of two souls which is subjected to marital duties and obligations by both the parties as well as legal rights. Marriage is considered to be an essential element of Indian society, which - [NEELU CHOPRA & Anr v. BHARTI (2009)](https://lawfoyer.in/neelu-chopra-anr-v-bharti-2009/) - By Shramana Paul[1] Before the Supreme Court of India Abstract The current appeal has been filed against the decision of the High Court in the matter of quashing a complaint under S.482 of CrPC. The High Court was of the view that there was material evidence to proceed against the appellants and hence refused to - [SALOMON V. SALOMON & CO. LIMITED](https://lawfoyer.in/salomon-v-salomon-co-limited/) - By Ayush Upadhyay [1] In the House of Lords Abstract The core principle involved in Company Law is Separate Legal Personality, out of which the legal structure of modern business was instituted. Corporate veil protects the shareholder’s private assets and gives a method for the limitation of liability which is necessary to increase business development - [Gajanan Dashrath Kharate VS. State Of  Maharashtra](https://lawfoyer.in/gajanan-dashrath-kharate-vs-state-of-maharashtra/) - (By Eeshmitha rajani[1]) (IN SUPREME COURT OF INDIA) ABSTRACT- This was a murder case in which the victim was slain by his son, the complaint was filed at police stations against him via the Prosecution Witnesses (PW-1) who lived next door to the deceased Who was also his cousin. , and while the accused had been - [Khujji @ Surendra Tiwari vs The State Of Madhya Pradesh](https://lawfoyer.in/khujji-surendra-tiwari-vs-the-state-of-madhya-pradesh/) - by Shramana Paul[1] Before the Supreme Court of India ABSTRACT The current appeal had been filed against the decision of the High Court convicting the accused Khujji. The Supreme Court has the power to hear the appeal under Art.136 of the Constitution of India, which deals with special leave petitions. Khujji had been granted a - [Gujarat Mazdoor Sabha and Another vs. State of Gujarat](https://lawfoyer.in/gujarat-mazdoor-sabha-and-another-vs-state-of-gujarat/) - By Sonali In the Supreme court of India Abstract In this case, the appellant is a trade union which is registered under the Trade Union Act, 1926. This trade union have thousands of workers as a part of this union. The trade union here seeks to quash the notification passed by the labour and employment - [ANURADHA BHASIN VS UNION OF INDIA](https://lawfoyer.in/anuradha-bhasin-vs-union-of-india/) - BY MISS SHALINI DHYANI[1] IN THE SUPREME COURT OF INDIA ABSTRACT Modernity is something that society needs, to become modern means, in the sense of technology, in the field of education and to become modern through the mind. The basic need in today’s world that we saw during the pandemic was that the Internet, which - [Chinnaya vs. Ramayya](https://lawfoyer.in/chinnaya-vs-ramayya/) - By Yukta Bissa In Madras High Court ABSTRACT ‘Lawful consideration’ is one of the requirements for a valid contract under Section 10 of the Indian Contract Act, 1872, but what constitutes a valid consideration and can such a consideration come from a third party who is not a party to a contract or would the - [Smt. Seema vs Ashwani Kumar](https://lawfoyer.in/smt-seema-vs-ashwani-kumar/) - By Ashmit Sen[1] In the Supreme Court of India Abstract The present case is a landmark case where the Supreme Court upheld the mandatory registration of marriages of all the religion in their respective States. The case was originally a petition between Smt. Seema (Petitioner) and Ashwani Kumar (Respondent) which was first filed before the - [NILABATI BEHERA V. STATE OF ORISSA AND ORS.](https://lawfoyer.in/nilabati-behera-v-state-of-orissa-and-ors/) - By Ayush Upadhyay[1] In the Supreme Court of India Abstract In Indian Constitution every person is authorized to avail imprescriptible fundamental right. However, our citizens do takes basic rights whether codified or not are requisite for him to enjoy their secured rights. This case analysis is considering the liability of State on executive measures in - [JD Jain vs. Management of SBI](https://lawfoyer.in/jd-jain-vs-management-of-sbi/) - By Sonali In the Supreme Court of India Abstract In the case on hand, the appellant was a cashier in one of the branch of the State Bank of India. There was a mishap with one of the depositor/account holder of the bank and there was extra withdrawal of money. The appellant was given the - [K. Rama Krishna vs. Union of India](https://lawfoyer.in/k-rama-krishna-vs-union-of-india/) - By Sonali In the High court of Andhra Pradesh Abstract In the present case, the appellant /K. Rama Krishna filed public interest litigation. The litigation was filed in Andhra Pradesh High Court under article.226 of the constitution which deals with writ petition and section.151 of Civil Procedure Code; the labourers of Andhra Pradesh were not - [Rajiv Thapar vs. Madan Lal Kapoor](https://lawfoyer.in/rajiv-thapar-vs-madan-lal-kapoor/) - By Sonali In the Supreme Court of India Abstract The case in hand is regarding the quashing of the first information report by High Court with the power vested in them by the Constitution of India, 1950 and the Criminal Procedure Code, 1973. In the case appellant was residing in Surat with his wife. After - [Romesh Thappar vs The State of Madras](https://lawfoyer.in/romesh-thappar-vs-the-state-of-madras/) - By Gargee Yadav In the Supreme Court of India ABSTRACT The case of Romesh Thapar vs State of Madras was the first case in the history of independent India recognizing the freedom of speech and expression. It acted as a precedent in the subsequent rulings and legal developments and helped in further expansion and recognition - [SUPRIYO V. UNION OF INDIA WRIT PETITION (CIVIL) NO. 1011 OF 2022 + CONNECTED MATTERS](https://lawfoyer.in/supriyo-v-union-of-india-i-writ-petition-civil-no-1011-of-2022-connected-matters/) - The petition was filed by several LGBTQ+ individuals and organizations seeking a declaration that exclusion from marriage on the basis of sexual orientation is. - [SHILPA SAILESH V. VARUN SREENIVASAN](https://lawfoyer.in/shilpa-sailesh-v-varun-sreenivasan/) - 2023 SCC OnLine SC 544 | This case involves petitions filed before the Supreme Court of India under Article 142 of the Constitution seeking to waive the stip... - [Kesavananda Bharati v. State of Kerala (1973)](https://lawfoyer.in/kesavananda-bharati-v-state-of-kerala-1973/) - The Kesavananda Bharati case established the basic structure doctrine of the Indian Constitution. By a thin majority of 7:6, the Supreme Court held that ... - [Akhil Bandhu Saha v. The State of West Bengal & Others (AIR 2020 SC 232)](https://lawfoyer.in/akhil-bandhu-saha-v-the-state-of-west-bengal-others-air-2020-sc-232/) - The case of Akhil Bandhu Saha v. The State of West Bengal & Others deals with the interpretation of the term "legal services" under the Legal Services Author.. - [Khatri and Others v. State of Bihar and Others ((1981) 1 SCC 627)](https://lawfoyer.in/khatri-and-others-v-state-of-bihar-and-others-1981-1-scc-627/) - The Supreme Court declared that free legal services is an essential ingredient of the right to life and personal liberty guaranteed under Article 21... - [Suk Das v. Union Territory of Arunachal Pradesh ((1986) 2 SCC 401)](https://lawfoyer.in/suk-das-v-union-territory-of-arunachal-pradesh-1986-2-scc-401/) - The case of Suk Das v. Union Territory of Arunachal Pradesh is a landmark judgment by the Supreme Court of India on the fundamental right to free legal aid ... - [Meena Pradhan and Others v. Kamla Pradhan and Others](https://lawfoyer.in/meena-pradhan-and-others-v-kamla-pradhan-and-others/) - This case involves the validity of a will executed by Bahadur Pradhan in favor of his second wife Kamla Pradhan and daughter Ritu. After Bahadur's death, his ... - [10th Professor V.S. Mani Memorial International Law Moot Court Competition- 2024 | 14th -16th March, 2024](https://lawfoyer.in/10th-professor-v-s-mani-memorial-international-law-moot-court-competition-2024-14th-16th-march-2024/) - About the Organizer Jaipur National University, established on 22 October 2007, is a private university located in the Jaipur district of Rajasthan, India. About the Event Jaipur National University, Jaipur, at its Seedling School of Law and Governance, Rajasthan is organising the 10th Professor V.S. Mani Memorial International Law Moot Court Competition- 2024 Dates: 14th -16th March, 2024 Eligibility - [Free Online Webinar on Gender Equality and Constitution addressing legal perspective by LawFoyer: Register by March 16](https://lawfoyer.in/free-online-webinar-on-gender-equality-and-constitution-addressing-legal-perspective-by-lawfoyer/) - Register Now Gain In-Depth Knowledge from a Leading Expert LawFoyer presents an exclusive free online webinar – “Gender Equality and Constitution addressing legal perspective” led by Constitutional Law expert Prof. (DR.) J.P. Yadav, Director, Amity Law School Lucknow campus. Important Details Date: Sunday, 17 March 2024, 7 pm onwards. Platform: Google Meet/Zoom Meetings Completely Free - [Godhra Electricity Co. Ltd. v. State of Gujarat, AIR 1975 SC 32](https://lawfoyer.in/godhra-electricity-co-ltd-v-state-of-gujarat-air-1975-sc-32/) - A) ABSTRACT / HEADNOTE This case involved the constitutional validity of certain provisions of the Indian Electricity Act, 1910 which allowed the State Electricity Board to take over an electricity licensee's undertaking before determining and paying the purchase price. The Supreme Court held that Section 6(6) of the Act, which required the licensee to deliver - [Amity Law School, Noida, Amity University, Uttar Pradesh is organizing a technical event named, “Udhbhav-2024” under the Amity Youth Fest 2024 on 29th February 2024](https://lawfoyer.in/amity-law-school-noida-amity-university-uttar-pradesh-is-organizing-a-technical-event-named-udhbhav-2024-on-29th-feb2024/) - About the Organizer Amity University is a leading research private university established in 2005 under a StateAct. It is recognized by the University Grants Commission (UGC) and accredited by theNational Assessment and Accreditation Council (NAAC) with an “A+” grade. The LawSchool is committed to preparing the next generation of fully equipped legal professionals toface the - [Empowering STEM: Celebrating Women and Girls in Science Leadership](https://lawfoyer.in/empowering-stem-celebrating-women-and-girls-in-science-leadership/) - AUTHOR: RITESH SINGH SHEKHAWAT [1] Introduction Evidence of Dark Matter in the Universe. The elements radium and polonium The double helix structure of DNA What do these findings have in common? They were all discovered by women. Women have made significant contributions to science, technology, engineering, and mathematics throughout history. In several First Nations communities, - [XV National Amity Moot Court Competition 2024 at Amity University, Lucknow [Feb 29-March 2; Prizes of Rs. 50k]: Register by Feb 10](https://lawfoyer.in/xv-national-amity-moot-court-competition-2024-at-amity-university-lucknow-feb-29-march-2-prizes-of-rs-50k-register-by-feb-10/) - ABOUT THE ORGANISER Amity Law School, Amity University Uttar Pradesh, Lucknow Campus is organizing the XV National Amity Moot Court Competition ’24. Since its inception in 2007, this competition has become one of the most highly regarded events of its kind in India. The competition aims to inspire educational excellence and legal intellect among law - [Call for Blogs: CEA Environmental Law and Policy Blog](https://lawfoyer.in/call-for-blogs-cea-environmental-law-and-policy-blog/) - Download Brochure The Collective for Environmental Action, a student initiative on environmental issues under the auspices of the Centre for Environmental Law, Policy and Research, National Law University, Delhi is opening monthly calls for its flagship environmental law and policy blog on the theme “Global South Challenges to Climate Change : India in Focus”. The best entry would be considered - [Saveetha School of Law, SIMATS, Chennai Organizes the 1st edition of – INK n’ INDEX -ஒரு-மையின்-உர- A National Inter College Electoral Competition: Register By 11 Feb, 2024 January 25, 2024](https://lawfoyer.in/saveetha-school-of-law-simats-chennai-organizes-the-1st-edition-of-ink-n-index/) - The deciding factor that uplifts a civilised society into an egalitarian one is the type of governance that persists in that society. All along the past and.... - [Notes on Administrative Law](https://lawfoyer.in/notes-on-administrative-law/) - Module 1: Definition, Nature, and Scope of Administrative Law Module 2: Reasons for Growth of Administrative Law Module 3: Constitutional Law v. Administrative Law Module 4: Droit Administratif and Administrative Law Module 5: Montesquieu’s Doctrine of Separation of Powers and Administrative Law Module 6: Delegated Legislation and Administrative Law Module 7: Quasi Legislation and Administrative - [Montesquieu's Doctrine of Separation of Powers and Administrative Law](https://lawfoyer.in/montesquieus-doctrine-of-separation-of-powers-and-administrative-law/) - The concept of separation of powers finds its origin in the political philosophies of Locke and Montesquieu. As Montesquieu notes in The Spirit of Laws (1748), - [Delegated Legislation and Administrative Law](https://lawfoyer.in/delegated-legislation-and-administrative-law/) - Delegated legislation refers to the laws made by bodies like the executive, judiciary, or statutory entities under the powers delegated to them by the .... - [Quasi Legislation and Administrative Law](https://lawfoyer.in/quasi-legislation-and-administrative-law/) - Quasi legislation constitutes an unique tool that aims to strike a balance between these two objectives in administrative law - [Principles of Natural Justice and Administrative Law](https://lawfoyer.in/principles-of-natural-justice-and-administrative-law/) - Natural justice refers to the basic principles of fair procedure that should be followed by administrative authorities while making decisions that affect .. - [Administrative Functions under Administrative Law](https://lawfoyer.in/administrative-functions-under-administrative-law/) - Administrative functions refer to the residue of governmental activities that remain after legislative and judicial functions are excluded... - [Quasi Judicial Functions and Administrative Law](https://lawfoyer.in/quasi-judicial-functions-and-administrative-law/) - This blog analyses the characteristics, advantages and issues related to quasi-judicial functions of administrative bodies along .... - [State Liability under Administrative Law](https://lawfoyer.in/state-liability-under-administrative-law/) - The liability of the state is an important concept in administrative law. It deals with the extent to which the state is legally responsible .... - [Judicial Review of Administrative Actions under Administrative Law](https://lawfoyer.in/judicial-review-of-administrative-actions-under-administrative-law/) - Judicial review is the power of the courts to examine the actions of administrative bodies to determine whether they are consistent with the law. - [Writs and Writ Jurisdiction under Administrative Law](https://lawfoyer.in/writs-and-writ-jurisdiction-under-administrative-law/) - The Constitution of India under Article 32 and 226 provides the right to move the Supreme Court and High Courts respectively for enforcement of fundamental - [Ombudsman, CVC, Lokpal, and Lokayukt](https://lawfoyer.in/ombudsman-cvc-lokpal-and-lokayukt/) - An ombudsman, central vigilance commission (CVC), Lokpal, and Lokayukt are important institutions aimed at ensuring accountability, transparency - [Administrative Discretion under Administrative Law](https://lawfoyer.in/administrative-discretion-under-administrative-law/) - Administrative discretion refers to the flexibility and autonomy given to administrators and executive authorities while applying broad policies to - [Court Mannerism and Oral Arguments in Moot Court](https://lawfoyer.in/court-mannerism-and-oral-arguments-in-moot-court/) - Effective court mannerism and oral advocacy are crucial skills for moot court competitions. In this blog post, we will discuss best practices for conduct, .. - [Drafting of Moot Court Memorial and Framing of Arguments](https://lawfoyer.in/drafting-of-moot-court-memorial-and-framing-of-arguments/) - The memorial is the most critical component of any moot court competition. It reflects the depth of your research, the strength of your arguments, and the ... - [Legal Research for a Moot Court Problem](https://lawfoyer.in/legal-research-for-a-moot-court-problem/) - Legal research is the foundation of any successful moot court preparation. Thorough and meticulous research sets the groundwork for crafting persuasive .. - [Reading a Moot Court Problem and Framing of Legal Issues](https://lawfoyer.in/reading-a-moot-court-problem-and-framing-of-legal-issues/) - Analyzing a moot court problem and identifying the legal issues is one of the most critical first steps in preparing for a moot competition. - [Preparations for a Moot Court](https://lawfoyer.in/preparations-for-a-moot-court/) - The preparations for a Moot Court involve choosing the Right Moot Court and building a good Mooting team.. - [Moot Court and Mooting](https://lawfoyer.in/moot-court-and-mooting/) - Moot courts are simulated court proceedings where students argue fictional legal cases in front of judges. Mooting is an art.. - [The Importance of Reading Comprehension for CLAT Success](https://lawfoyer.in/the-importance-of-reading-comprehension-for-clat-success-for-2025/) - Reading comprehension is a critical skill for achieving success on the CLAT exam. With lengthy and complex passages across diverse topics, students must read quickly and grasp the essence to accurately answer comprehension questions in the limited time provided. However, reading legal texts requires going beyond surface-level understanding; students must analyze issues, evaluate arguments, and - [Droit Administratif and Administrative Law](https://lawfoyer.in/droit-administratif-and-administrative-law/) - Droit Administratif refers to the body of administrative law in France that governs the organization and functioning of public administration... - [Constitutional Law v. Administrative Law](https://lawfoyer.in/constitutional-law-v-administrative-law/) - Administrative law is a subset and corollary of constitutional law, delineating the structure and powers of administrative authorities within a ... - [Reasons for Growth of Administrative Law](https://lawfoyer.in/reasons-for-growth-of-administrative-law/) - The scope and importance of administrative law has grown tremendously over the past few decades. There are several factors that have contributed to this ... - [Definition, Nature, and Scope of Administrative Law](https://lawfoyer.in/definition-nature-and-scope-of-administrative-law/) - Administrative law governs the activities of administrative agencies of the government. It deals with the decision-making of administrative units .... - [Getting Ready for CLAT 2025](https://lawfoyer.in/getting-ready-for-clat-2025/) - As you gear up for CLAT 2025, here’s a comprehensive guide to help you craft a winning strategy. - [10th National Quiz Competition on Indian Evidence Act by LawFoyer: Register by 5th January](https://lawfoyer.in/10th-national-quiz-indian-evidence-act/) - Win Trophies and exciting cash prizes worth Rs 4000 + & Also, win a chance to get Free access to online Certification course on Indian Evidence Act by LawFoyer. - [When Gods were Summoned to the Courtroom](https://lawfoyer.in/when-gods-were-summoned-to-the-courtroom/) - In recent times, Indian courts have passed some intriguing orders summoning Hindu gods as parties in legal disputes... - [The Impact of the Ayodhya Verdict Analyzing: The Legal Reasoning](https://lawfoyer.in/the-impact-of-the-ayodhya-verdict-analyzing-the-legal-reasoning/) - The Supreme Court of India delivered a landmark judgment in the long-standing Ayodhya dispute on 9th November 2019 ... - [When Ghosts Haunted the Courtroom: Analyzing Indian Case Laws Where the Defence of Demonic Hauntings was Pleaded](https://lawfoyer.in/when-ghosts-haunted-the-courtroom-analyzing-indian-case-laws-where-the-defence-of-demonic-hauntings-was-pleaded/) - The defence of ghosts, spirits, and demonic possession may seem absurd and outrageous at first glance. However, Indian courts have dealt with several cases ... - [“LEX CARNIVAL” - Amity Law School is organizing its 3rd Amity National Law Fest- Lex Carnival 2024 to be conducted on January 31st & February 1st, 2024 {Prizes up to Rs. 28,000 cash, letter of recommendation and certificates of participation to all}: REGISTER BY 26TH JANUARY.](https://lawfoyer.in/lex-carnival-amity-law-school-is-organizing-its-3rd-amity-national/) - “LEX CARNIVAL” - Amity Law School is organizing its 3rd Amity National Law Fest- Lex Carnival 2024 to be conducted on January 31st & February 1st, 2024 {Prizes up to Rs. 28,000 cash, letter of recommendation and certificates of participation to all}: REGISTER BY 26TH JANUARY. Amity Law School is organising its 3rd Amity National - [Free Online Masterclass on Mediation Law of India organized by Lawfoyer: Register by Jan 12](https://lawfoyer.in/free-online-masterclass-on-mediation-law-of-india-organized-by-lawfoyer-register-by-jan-12/) - Register Now Gain In-Depth Knowledge from a Leading Expert LawFoyer presents an exclusive free online masterclass - "Harmonizing Conflicts, Mastering Solutions: Journey Through Mediation Law in India" led by mediation law expert Ms. Anupriya Yadav, Assistant Professor at Amity Law School's Lucknow campus. Attendees will get valuable insights into Indian mediation law from a seasoned - [Laws Governing Arbitration and Conciliation in India](https://lawfoyer.in/laws-governing-arbitration-and-conciliation-in-india/) - The legal framework regulating arbitration and conciliation in India comprises the Arbitration and Conciliation Act, 1996 (“Act”) as the primary legislation along with the relevant provisions under the Code of Civil Procedure, 1908 (“CPC”). [1] The Act consolidates the law relating to domestic arbitration, international commercial arbitration, and enforcement of foreign arbitral awards. [2] It - [Arbitration Law in India](https://lawfoyer.in/arbitration-law-in-india/) - The Arbitration and Conciliation Act, 1996 (“the Act”) is the main legislation governing arbitrations in India. It is based on the UNCITRAL Model Law ... - [Alternative Dispute Resolution in India](https://lawfoyer.in/alternative-dispute-resolution-in-india/) - Alternative Dispute Resolution (ADR) refers to mechanisms and processes outside the traditional courtroom litigation for resolving disputes in a cost-effectiv... - [12 Steps to Win Any Moot Court Competition: A Brief Guide to Mooting for Law Students](https://lawfoyer.in/12-steps-to-win-any-moot-court-competition/) - Mooting is the art of legal argumentation, oration, and drafting. Follow these 12 proven steps to develop a winning moot court strategy... - [MADHAV HAYAWADANRAO HOSKOT V. STATE OF MAHARASHTRA](https://lawfoyer.in/madhav-hayawadanrao-hoskot-v-state-of-maharashtra/) - By: Gunjan Basrani In the Supreme Court of India INTRODUCTION India is a country of wide spread illiteracy and because of the prevailing illiteracy the majority of the people are not aware of their legal system and about their constitutional rights. People who are aware of their legal system and constitutional rights are not in - [6th edition of National Moot Court Competition by Amity University Rajasthan: Register by October 5, 2023](https://lawfoyer.in/6th-edition-of-national-moot-court-competition-by-amity-university-rajasthan/) - About the Competition: The Moot Court Society (MCS) of Amity School of Law, Amity University Rajasthan is organizing the 6th edition of National Moot Court Competition on October 31- November 1, 2023. The objective of the competition is to develop academic and advocacy excellence among students and inculcate the spirit of leadership and teamwork, leading - [9th National Quiz Competition on (Indian Constitution + Indian Polity) by LawFoyer](https://lawfoyer.in/9th-national-quiz-competition-on-indian-constitution-indian-polity-by-lawfoyer/) - Download Answer Key Check Results Download Certificates Dates Date of Quiz:-26/11/2023 (5 Pm) Last Date to Apply:- 24/11/2023, 11:59 pm Result Declaration:- 01/12/2023 Prizes 1st Prize – 2000 Rs + Certificate of excellence 2nd Prize – 1000 Rs + Certificate of excellence 3rd Prize – 500 Rs + Certificate of excellence 4th-10th Prize- 200 Rs + Certificate of excellence FREE Practice E-Books with 1000+ MCQs - [JACOB PULIYEL V. UNION OF INDIA](https://lawfoyer.in/jacob-puliyel-v-union-of-india/) - MISS VAISHNAVI KRUSHNA PARATE[1] ABSTRACT The COVID-19 pandemic left very drastic effects on every country of the globe. India is not exempt from the effects of the same, which has inflicted havoc on the entire planet. India has been among the pandemic's worst-affected nations with over 18 million confirmed cases and over 200,000 fatalities.[2] The - [Smt. Aneeta And Another vs State of U.P. And 3 Others](https://lawfoyer.in/smt-aneeta-and-another-vs-state-of-u-p-and-3-others/) - By Ashmit Sen[1] In the Allahabad High Court ABSTRACT The present case deals with the issue whether a person, who is already married according to Hindu Marriage Act, 1955 can stay with another person and ask for granting protection, while being in the marriage. According to the provisions of the Hindu Marriage Act, bigamy is - [The Inauguration of the 5th Faculty Development Program at Amity University in Lucknow](https://lawfoyer.in/the-inauguration-of-the-5th-faculty-development-program-at-amity-university-in-lucknow/) - On the date of June 19th, the inauguration of the 5th FACULTY DEVELOPMENT PROGRAM at Amity University in Lucknow took place. The program commenced with the blessings of Prof. Dr. J.P. Yadav, the Director of Law, who emphasized the need for conducting such programs continuously for a bright future. The Deputy Pro Vice-Chancellor, Wg. Cdr. - [BUDDHADEV KARMASKAR V. STATE OF WEST BENGAL](https://lawfoyer.in/buddhadev-karmaskar-v-state-of-west-bengal/) - BY MISS. VAISHNAVI KRUSHNA PARATE[1] In the Supreme Court of India ABSTRACT The case highlights another improvement to Article 21 of the Indian Constitution,[2] the right to live with dignity based on the right to life and individual liberty. It reflects the situation of a sex worker and her family. “It also covers other fundamental - [XXX Vs. State Of Kerala](https://lawfoyer.in/xxx-vs-state-of-kerala/) - By Anmol Saini[1] In the High Court of Kerela Abstract The Kerela High Court has delivered a significant ruling regarding nudity, the female body, and obscenity. In the case at hand, the petitioner who was a women's rights activist posted a video on her social media platform where her minor son aged fourteen was seen - [Dr Ram Raj Singh v. Babulal](https://lawfoyer.in/dr-ram-raj-singh-v-babulal/) - By Harshit Bansal (1) In the High Court of Allahabad ABSTRACT A nuisance is a form of tort which can be defined as unlawful interference with the peaceful enjoyment of one’s rights. In the present case, Dr. Ram Raj Singh who runs a clinic of his own suffered some form of unlawful interference due to - [6th National Quiz Competition on Code of Criminal Procedure (CrPC) organized by LawFoyer:- Register by 10th June](https://lawfoyer.in/6th-national-quiz-competition-on-crpc/) - Check Results Download Certificates Download Answer Key Clarifications in Answer Key (Released) Claim Correction in Answer Key Register Now Dates Date of Quiz:- 11/06/2023 (5 Pm) Last Date to Apply:- 10/06/2023, 11:59 pm Result Declaration:- 14/06/2023 Prizes 1st Prize – 2000 Rs + Certificate of excellence 2nd Prize – 1000 Rs + Certificate of excellence 3rd Prize – 500 Rs + Certificate of excellence 4th-10th - [Amity Law School, Noida, organizes Value Added Course 2023 on, "Navigating Intellectual Property Rights Vis-à-vis Emerging Concept of Artificial Intelligence":- Register By June 25](https://lawfoyer.in/amity-law-school-noida-organizes-value-added-course-2023/) - About the organizer Amity Law School, Noida is one of the premier law schools in India who has received the award of “South Asia Legal Education Institutional Excellence” by Society of Indian Law Firms, Menon Institute of Legal Advocacy Training and Award and “Most Promising Law School” by Legal Desire Summit and Awards in 2018 - [LawFoyer: Important Links](https://lawfoyer.in/links/) - LawFoyer is a comprehensive platform designed to empower law students, researchers, and professionals through accessible legal knowledge, opportunities, and skill development resources. 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Shahi Memorial National Moot Court Competition 2026](https://lawfoyer.in/karan-kumar-sameer-sanjay-and-satya-sanatan-of-central-university-of-south-bihar-win-the-1st-l-p-shahi-memorial-national-moot-court-competition-2026/) - LawFoyer proudly celebrates the remarkable achievement of Karan Kumar, Sameer Sanjay, and Satya Sanatan, students of the Central University of South Bihar, who secured the Winner's position at the 1st L.P. Shahi Memorial National Moot Court Competition 2026, organized by SKJ Law College. 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III, ISSUE II) | Organized by University Institute of Legal Studies (UILS), Panjab University, Chandigarh - [NLUJ-CIPS One Day National Workshop on Intellectual Property and Sports, 2026 (Virtual) | Organized by Centre for Intellectual Property Studies (CIPS), National Law University, Jodhpur | Register by 25 April 2026](https://lawfoyer.in/nluj-cips-one-day-national-workshop-on-intellectual-property-and-sports-2026-virtual-organized-by-centre-for-intellectual-property-studies-cips-national-law-university-jodhpur-register-by-2/) - NLUJ-CIPS One Day National Workshop on Intellectual Property and Sports, 2026 (Virtual) | Organized by Centre for Intellectual Property Studies (CIPS), National Law University, Jodhpur | Register by 25 April 2026 - [From Inclusion to Impact: Women Entrepreneurship, Digital Rights, ESG Accountability & Corporate Governance Reforms | Organized by KIIT School of Law | Register by 30 April 2026](https://lawfoyer.in/from-inclusion-to-impact-women-entrepreneurship-digital-rights-esg-accountability-corporate-governance-reforms-organized-by-kiit-school-of-law-register-by-30-april-2026/) - From Inclusion to Impact: Women Entrepreneurship, Digital Rights, ESG Accountability & Corporate Governance Reforms | Organized by KIIT School of Law | Register by 30 April 2026 - [The State of Madhya Pradesh v. 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The team secured the Winner position at the prestigious Client Counselling Competition 2026 organized by LJ School of Law, Ahmedabad. - [Centre for Financial Markets and Regulatory Systems, NLIU Bhopal Successfully Hosts 1st National Symposium on Securities Law and Capital Markets 2026; Khushi Kalyani Gautam & Suhana, Yash Arjariya & Ayush Tiwari, and Kyra Mehra & Ananya Rakheja Shine as Top Achievers](https://lawfoyer.in/centre-for-financial-markets-and-regulatory-systems-nliu-bhopal-successfully-hosts-1st-national-symposium-on-securities-law-and-capital-markets-2026-khushi-kalyani-gautam-suhana-yash-arjariya-a/) - The Centre for Financial Markets and Regulatory Systems (CFMRS) at National Law Institute University, Bhopal, has set a remarkable benchmark with the successful organisation of the 1st NLIU National Symposium on Securities Law and Capital Markets, 2026, held on 4th and 5th April 2026. This flagship initiative stands as a testament to the institution’s commitment - [HNLU Team Secures Runner-Up Position at the 23rd Willem C. Vis East International Commercial Arbitration Moot, Hong Kong](https://lawfoyer.in/hnlu-team-secures-runner-up-position-at-the-23rd-willem-c-vis-east-international-commercial-arbitration-moot-hong-kong/) - Raipur, — The Hidayatullah National Law University (HNLU), Raipur, proudly announces the exceptional achievement of its student team at the prestigious 23rd Willem C. Vis East International Commercial Arbitration Moot, held in Hong Kong. Competing against leading law schools from across the globe, the HNLU team emerged as the 1st Runner-Up, marking a significant milestone - [Adrija Bhattacharya, Sejal Joshi, and Taanya Dash of Vivekanand Education Society’s College of Law Secure 2nd Runners-Up Position at LJ School of Law Ahmedabad National Parliamentary Debate Competition, 2026](https://lawfoyer.in/adrija-bhattacharya-sejal-joshi-and-taanya-dash-of-vivekanand-education-societys-college-of-law-secure-2nd-runners-up-position-at-lj-school-of-law-ahmedabad-national-parliamentary-debate-co/) - Achievement shines brightest when courage meets opportunity, and this is beautifully reflected in the remarkable accomplishment of Adrija Bhattacharya, along with teammates Sejal Joshi and Taanya Dash from Vivekanand Education Society’s College of Law, Mumbai. The team secured the prestigious position of 2nd Runners-Up at the LJ School of Law Ahmedabad National Parliamentary Debate Competition, - [ONE DAY INTERNATIONAL CONFERENCE ON INTERDISCIPLINARY LEADERSHIP | Organized by Academic and Research Wing (ARW), Kindsouls Welfare Foundation | Early Bird Registration: 20th April 2026 | Late Registration: 25th April 2026](https://lawfoyer.in/one-day-international-conference-on-interdisciplinary-leadership-organized-by-academic-and-research-wing-arw-kindsouls-welfare-foundation-early-bird-registration-20th-april-2026-late-registr/) - ONE DAY INTERNATIONAL CONFERENCE ON INTERDISCIPLINARY LEADERSHIP | Organized by Academic and Research Wing (ARW), Kindsouls Welfare Foundation | Early Bird Registration: 20th April 2026 | Late Registration: 25th April 2026 - [Admissions Open: Master of Cyber Law and Information Security (MCLIS) Program 2026 | National Law Institute University (NLIU), Bhopal | Register by 30 April 2026 | Written Test: 10 May 2026](https://lawfoyer.in/admissions-open-master-of-cyber-law-and-information-security-mclis-program-2026-national-law-institute-university-nliu-bhopal-register-by-30-april-2026-written-test-10-may-2026/) - Admissions Open: Master of Cyber Law and Information Security (MCLIS) Program 2026 | National Law Institute University (NLIU), Bhopal | Register by 30 April 2026 | Written Test: 10 May 2026 - [RUAS, SOL Moot Court Competition 2.0 | Organized by School of Law, M. 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This achievement marks a decisive step in - [CRIME SCENE INVESTIGATION COMPETITION (VIL’s 1st Inter-University Event) | Organized by Vignan Institute of Law, under Vignan's Foundation for Science, Technology & Research (Deemed to be University) | Register by April 20, 2026](https://lawfoyer.in/crime-scene-investigation-competition-vils-1st-inter-university-event-organized-by-vignan-institute-of-law-under-vignans-foundation-for-science-technology-research-deemed-to-be/) - CRIME SCENE INVESTIGATION COMPETITION (VIL’s 1st Inter-University Event) | Organized by Vignan Institute of Law, under Vignan's Foundation for Science, Technology & Research (Deemed to be University) | Register by April 20, 2026 - [6th ADAMAS MOOT COURT COMPETITION 2026 | Organized by ADAMAS UNIVERSITY | Register by 4th April 2026](https://lawfoyer.in/6th-adamas-moot-court-competition-2026-organized-by-adamas-university-register-by-26-march-2026/) - 6th ADAMAS MOOT COURT COMPETITION 2026 | Organized by ADAMAS UNIVERSITY | Register by 26 March 2026 - [5-DAY CERTIFICATION COURSE ON TECHNOLOGY LAWS](https://lawfoyer.in/5-day-certification-course-on-technology-laws/) - If you want to understand cyber law, data protection, AI regulation, and digital evidence in a clear, practical, and career focused way, this 5 day certificat.. - [TEN-DAY NATIONAL FACULTY DEVELOPMENT PROGRAM ON EMERGING IP JURISPRUDENCE AND EVOLVING TRENDS OF IP TEACHING & RESEARCH | Organized by DPIIT-IPR Chair at Hidayatullah National Law University (HNLU), Raipur | 6TH APRIL – 16TH APRIL, 2026](https://lawfoyer.in/ten-day-national-faculty-development-program-on-emerging-ip-jurisprudence-and-evolving-trends-of-ip-teaching-research-organized-by-dpiit-ipr-chair-at-hidayatullah-national-law-university-hnlu/) - TEN-DAY NATIONAL FACULTY DEVELOPMENT PROGRAM ON EMERGING IP JURISPRUDENCE AND EVOLVING TRENDS OF IP TEACHING & RESEARCH | Organized by DPIIT-IPR Chair at Hidayatullah National Law University (HNLU), Raipur | 6TH APRIL – 16TH APRIL, 2026 - [1st NLUJ-CCLRP National Essay Writing Competition, 2026 | Organized by Centre for Consumer Law Research & Practice, National Law University, Jodhpur | Submission Deadline: 15th April 2026](https://lawfoyer.in/1st-nluj-cclrp-national-essay-writing-competition-2026-organized-by-centre-for-consumer-law-research-practice-national-law-university-jodhpur-submission-deadline-15th-april-2026/) - 1st NLUJ-CCLRP National Essay Writing Competition, 2026 | Organized by Centre for Consumer Law Research & Practice, National Law University, Jodhpur | Submission Deadline: 15th April 2026 - [समग्र’26 – Annual Inter-College Sports Meet | Organized by DME Sports Society, Delhi Metropolitan Education | Event Dates: 25th – 30th March 2026](https://lawfoyer.in/समग्र26-annual-inter-college-sports-meet-organized-by-dme-sports-society-delhi-metropolitan-education-event-dates-25th-30th-m/) - समग्र’26 – Annual Inter-College Sports Meet | Organized by DME Sports Society, Delhi Metropolitan Education | Event Dates: 25th – 30th March 2026 - [Smt. 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Shakuntala Devi 3rd International Moot Court Competition, 2026 | Organized Moot Court Society, School of Law, Galgotias University | Register by 26th March, 2026 - [INTERNATIONAL CONFERENCE ON INTERSECTIONS OF TRADITIONAL KNOWLEDGE SYSTEMS AND THE FUTURE: LAW, CULTURE, SUSTAINABILITY, AND COLLECTIVE WELL-BEING | Organized by DME Law School, Noida | Register by 20th April 2026](https://lawfoyer.in/international-conference-on-intersections-of-traditional-knowledge-systems-and-the-future-law-culture-sustainability-and-collective-well-being-organized-by-dme-law-school-noida-register-by-20/) - INTERNATIONAL CONFERENCE ON INTERSECTIONS OF TRADITIONAL KNOWLEDGE SYSTEMS AND THE FUTURE: LAW, CULTURE, SUSTAINABILITY, AND COLLECTIVE WELL-BEING | Organized by DME Law School, Noida | Register by 20th April 2026 - [1ST NATIONAL LAW UNIVERSITY DELHI – KHAITAN & CO CERTIFICATE COURSE ON TAXATION LAWS | Organized by National Law University Delhi | Register by 29th March, 2026](https://lawfoyer.in/1st-national-law-university-delhi-khaitan-co-certificate-course-on-taxation-laws-organized-by-national-law-university-delhi-register-by-29th-march-2026/) - 1ST NATIONAL LAW UNIVERSITY DELHI – KHAITAN & CO CERTIFICATE COURSE ON TAXATION LAWS | Organized by National Law University Delhi | Register by 29th March, 2026 - [Institute of Law, Nirma University Lifts the 3rd Justice Hidayatullah International Moot Court Trophy with a cash prize of Rs 2 lakhs](https://lawfoyer.in/institute-of-law-nirma-university-lifts-the-3rd-justice-hidayatullah-international-moot-court-trophy-with-a-cash-prize-of-rs-2-lakhs/) - Raipur, March 15, 2026 The Institute of Law, Nirma University, Gandhinagar emerged as the Winner of the 3rd Justice Hidayatullah International Moot Court Competition (HIMCC) 2026, securing the championship trophy along with a cash prize of ₹2,00,000. National Law University, Odisha was declared the Runner-Up, receiving a cash prize of ₹1,50,000. The competition also recognised - [International Conference on “Blockchain Technology: Transforming Law, Governance, and the Digital Economy” | Organized by The Department of Cyberspace Law and Justice, School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University (TNDALU) | Register by 30 March 2026](https://lawfoyer.in/international-conference-on-blockchain-technology-transforming-law-governance-and-the-digital-economy-organized-by-the-department-of-cyberspace-law-and-justice-school-of-excell/) - International Conference on “Blockchain Technology: Transforming Law, Governance, and the Digital Economy” | Organized by The Department of Cyberspace Law and Justice, School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University (TNDALU) | Register by 30 March 2026 - [The 4th Xavier Mediation Competition 2026 (XMC’26) | Organized by The Xavier Society of Law and Justice (XSLAJ), Xavier Law School, St. Xavier’s University, Kolkata | Register by 21st March 2026](https://lawfoyer.in/the-4th-xavier-mediation-competition-2026-xmc26-organized-by-the-xavier-society-of-law-and-justice-xslaj-xavier-law-school-st-xaviers-university-kolkata-register-by-18-ma/) - The 4th Xavier Mediation Competition 2026 (XMC’26) | Organized by The Xavier Society of Law and Justice (XSLAJ), Xavier Law School, St. Xavier’s University, Kolkata | Register by 21st March 2026 - [2ND JUDEXIS MOOT COURT COMPETITION 2026 | Organized by Lex Gazette Academy | Register by 12th April 2026](https://lawfoyer.in/2nd-judexis-moot-court-competition-2026-organized-by-lex-gazette-academy-register-by-12th-april-2026/) - 2ND JUDEXIS MOOT COURT COMPETITION 2026 | Organized by Lex Gazette Academy | Register by 12th April 2026 - [IPC and BNS Basics Explained: Structure, Application, Definitions and Key Differences](https://lawfoyer.in/ipc-and-bns-basics-explained-structure-application-definitions-and-key-differences/) - IPC and BNS Basics Explained: Structure, Application, Definitions and Key Differences - [HNLU crowned as National Champions of the India Qualifying Rounds to compete at the World Rounds of 67th Philip C. Jessup International Law Moot Court Competition, 2026 at Washington DC](https://lawfoyer.in/hnlu-crowned-as-national-champions-of-the-india-qualifying-rounds-to-compete-at-the-the-world-moot-court-competition-at-washington-dc-2026/) - Raipur, Chhattisgarh Hidayatullah National Law University (HNLU), Raipur, proudly announces the exceptional achievement of its mooting team in being crowned Champions of the India Qualifying Rounds of the 67th Philip C. Jessup International Law Moot Court Competition, 2026, held at Jindal Global Law School. Competing in a highly competitive field featuring 65 premier law schools - [3rd Case Analysis Competition, 2026 | Organized by Environmental Law Society (ELS), Faculty of Law, Integral University, Lucknow | Register by 20th March 2026](https://lawfoyer.in/3rd-case-analysis-competition-2026-organized-by-environmental-law-society-els-faculty-of-law-integral-university-lucknow-register-by-20th-march-2026/) - 3rd Case Analysis Competition, 2026 | Organized by Environmental Law Society (ELS), Faculty of Law, Integral University, Lucknow | Register by 20th March 2026 - [Legal Startup Online Pitching Competition, 2026 – 2.0 [Be the Next Founder] | Organized by LegalWiki | Register by 15 March 2026](https://lawfoyer.in/legal-startup-online-pitching-competition-2026-2-0-be-the-next-founder-organized-by-legalwiki-register-by-15-march-2026/) - Legal Startup Online Pitching Competition, 2026 – 2.0 [Be the Next Founder] | Organized by LegalWiki | Register by 15 March 2026 - [Gayatri Balasamy v. M/s ISG Novasoft Technologies Limited, 2025 INSC 605.](https://lawfoyer.in/gayatri-balasamy-v-m-s-isg-novasoft-technologies-limited-2025-insc-605/) - The decision in Gayatri Balasamy v. M/s ISG Novasoft Technologies Limited represents a landmark clarification in Indian arbitration jurisprudence regarding judicial powers under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996. The central controversy concerned whether Indian courts possess authority to modify an arbitral award while adjudicating challenges to such awards. Prior to this ruling, judicial opinions of the Supreme Court showed divergence. Certain judgments permitted limited modification in specific circumstances. Others insisted that courts could only set aside an arbitral award, not alter it. The dispute therefore required authoritative resolution by a Constitution Bench. The Court examined the statutory scheme of the Arbitration and Conciliation Act, 1996 alongside the UNCITRAL Model Law, comparative international practices, and established principles governing arbitration. The Bench analyzed earlier precedents including Project Director, NHAI v. M. Hakeem (2021) 9 SCC 1, McDermott International Inc. v. Burn Standard Co. Ltd. (2006) 11 SCC 181, and Vedanta Ltd. v. Shenzhen Shandong Nuclear Power Construction Co. Ltd. (2019) 11 SCC 465. These decisions illustrated conflicting interpretations of judicial power in arbitration matters. The Court ultimately held that Indian courts possess a limited power to modify arbitral awards. This power is not equivalent to appellate review and must remain confined within the statutory structure of Section 34. The judgment recognized certain narrow situations where modification is permissible, such as severable awards, clerical or computational errors, modification of post-award interest, or exercise of Article 142 powers by the Supreme Court. This ruling significantly balances two competing objectives. On one side lies the principle of minimal judicial intervention in arbitration. On the other side lies the need to avoid prolonged litigation and unnecessary re-arbitration. The judgment therefore introduces a pragmatic interpretation that allows courts to correct limited defects without undermining the autonomy of arbitral tribunals. - [1st NLIU National Symposium on Securities Law & Capital Markets, 2026 | Organized by National Law Institute University, Bhopal | Register by 23rd March 2026](https://lawfoyer.in/1st-nliu-national-symposium-on-securities-law-capital-markets-2026-organized-by-national-law-institute-university-bhopal-register-by-23rd-march-2026/) - 1st NLIU National Symposium on Securities Law & Capital Markets, 2026 | Organized by National Law Institute University, Bhopal | Register by 23rd March 2026 - [1st Smt. Krishna Neotia Memorial Moot Court Competition, 2026 | Organized by School of Legal Studies, The Neotia University | Register by 21st March, 2026](https://lawfoyer.in/1st-smt-krishna-neotia-memorial-moot-court-competition-2026-organized-by-school-of-legal-studies-the-neotia-university-register-by-21st-march-2026/) - 1st Smt. Krishna Neotia Memorial Moot Court Competition, 2026 | Organized by School of Legal Studies, The Neotia University | Register by 21st March, 2026 - [Webinar on “The 15 Founding Mothers of the Constitution” | Organized by Tamil Nadu Legal Rights Consortium (TNLRC) | Register by 27 March 2026 at 11:59 PM](https://lawfoyer.in/webinar-on-the-15-founding-mothers-of-the-constitution-organized-by-tamil-nadu-legal-rights-consortium-tnlrc-register-by-27-march-2026-at-1159-pm/) - Webinar on “The 15 Founding Mothers of the Constitution” | Organized by Tamil Nadu Legal Rights Consortium (TNLRC) | Register by 27 March 2026 at 11:59 PM - [International Conference on Political, Economic, & Social Issues of 2025 | Organized by Amity Law School, Amity University Chhattisgarh | Submit Complete Paper by 19 March 2026](https://lawfoyer.in/international-conference-on-political-economic-social-issues-of-2025-organized-by-amity-law-school-amity-university-chhattisgarh-submit-complete-paper-by-19-march-2026/) - International Conference on Political, Economic, & Social Issues of 2025 | Organized by Amity Law School, Amity University Chhattisgarh | Submit Complete Paper by 19 March 2026 - [Intellectus 2026 – Minds in Motion | Organized by School of Law (Debate Society), Graphic Era Hill University | Register by 17 March 2026 [06:00 PM (IST)]](https://lawfoyer.in/intellectus-2026-minds-in-motion-organized-by-school-of-law-debate-society-graphic-era-hill-university-register-by-17-march-2026-0600-pm-ist/) - Intellectus 2026 – Minds in Motion | Organized by School of Law (Debate Society), Graphic Era Hill University | Register by 17 March 2026 [06:00 PM (IST)] - [INTERNATIONAL TRADE LAW SUMMIT 2026 “The WTO@30: Reimagining Multilateralism in International Trade Law” | Organized by Hidayatullah National Law University (HNLU), Raipur | Register by 20 July 2026 (till 11:59 PM IST)](https://lawfoyer.in/international-trade-law-summit-2026-the-wto30-reimagining-multilateralism-in-international-trade-law-organized-by-hidayatullah-national-law-university-hnlu-raipur-register-b/) - INTERNATIONAL TRADE LAW SUMMIT 2026 “The WTO@30: Reimagining Multilateralism in International Trade Law” | Organized by Hidayatullah National Law University (HNLU), Raipur | Register by 20 July 2026 (till 11:59 PM IST) - [RUAS School of Law Moot Court Competition 2.0, 2026 | Organized by School of Law, M. S. Ramaiah University of Applied Sciences (MSRUAS), Bengaluru | Register by 30 March 2026](https://lawfoyer.in/ruas-school-of-law-moot-court-competition-2-0-2026-organized-by-school-of-law-m-s-ramaiah-university-of-applied-sciences-msruas-bengaluru-register-by-30-march-2026/) - RUAS School of Law Moot Court Competition 2.0, 2026 | Organized by School of Law, M. S. Ramaiah University of Applied Sciences (MSRUAS), Bengaluru | Register by 30 March 2026 - [The State of Uttar Pradesh v. Anurudh & Anr, 2026 INSC 47](https://lawfoyer.in/the-state-of-uttar-pradesh-v-anurudh-anr-2026-insc-47/) - The State of Uttar Pradesh v. Anurudh & Anr, 2026 INSC 47. The Supreme Court in The State of Uttar Pradesh v. Anurudh, 2026 INSC 47 examined the scope of bail jurisdiction under Section 439 of the Code of Criminal Procedure, 1973 in the context of offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The appeal arose from a judgment of the Allahabad High Court, which granted bail to the accused and issued broad judicial directions mandating medical age determination of the victim at the commencement of investigation in all POCSO cases. The High Court had reasoned that inconsistencies in documentary evidence regarding the victim’s age justified mandatory medical testing to prevent misuse of the POCSO Act. The Supreme Court addressed two major questions. First, whether the High Court, while exercising statutory bail jurisdiction under Section 439 CrPC, could issue directions of a legislative or policy-making nature regarding investigation procedures. Second, whether medical age determination of a victim is mandatory at the initial stage of investigation under the statutory framework of the CrPC, POCSO Act, and Juvenile Justice (Care and Protection of Children) Act, 2015. The Court held that the High Court exceeded its jurisdiction by issuing sweeping directions unrelated to the limited question of bail. The Court reiterated that bail courts cannot conduct mini-trials or resolve complex evidentiary issues such as final determination of age. The Court further clarified that age determination must follow the evidentiary hierarchy under Section 94 of the Juvenile Justice Act, where documentary evidence such as birth certificates or school records takes precedence over medical tests. Medical examination is only a residual method when documentary evidence is unavailable. Consequently, the Supreme Court set aside the High Court’s directions while reiterating that bail adjudication must remain confined to established parameters such as prima facie case, gravity of offence, likelihood of tampering with evidence, and risk of absconding. - [1st State Level Vidhi-संग्राम 2026– A Two-Day Law Fest | Organized by Dr. D Y PATIL LAW COLLEGE, PIMPRI, PUNE | Register by 22nd March 2026](https://lawfoyer.in/1st-state-level-vidhi-संग्राम-2026-a-two-day-law-fest-organized-by-dr-d-y-patil-law-college-pimpri-pune-register-by-22nd-march-2/) - 1st State Level Vidhi-संग्राम 2026– A Two-Day Law Fest | Organized by Dr. D Y PATIL LAW COLLEGE, PIMPRI, PUNE | Register by 22nd March 2026 - [TAMIL NADU LEGAL RIGHTS CONSORTIUM (TNLRC) – BROCHURE-MAKING COMPETITION | Organized by Tamil Nadu Legal Rights Consortium (TNLRC) | Register by 4 March 2026](https://lawfoyer.in/tamil-nadu-legal-rights-consortium-tnlrc-brochure-making-competition-organized-by-tamil-nadu-legal-rights-consortium-tnlrc-register-by-4-march-2026/) - TAMIL NADU LEGAL RIGHTS CONSORTIUM (TNLRC) – BROCHURE-MAKING COMPETITION | Organized by Tamil Nadu Legal Rights Consortium (TNLRC) | Register by March 4, 2026 - [Aaditya Bajpai of Maharashtra National Law University Nagpur Receives University Gold Medal for Best Student in Overall Excellence](https://lawfoyer.in/aaditya-bajpai-of-maharashtra-national-law-university-nagpur-receives-university-gold-medal-for-best-student-in-overall-excellence/) - The journey of legal education is often defined by perseverance, discipline, and a deep commitment to excellence. Celebrating such dedication, LawFoyer proudly features the remarkable achievement of Aaditya Bajpai, a student of Maharashtra National Law University, Nagpur, who has been awarded the University Gold Medal for Best Student in Overall Excellence. This prestigious recognition was - [Divyanshi Rathour, Shikhar Mishra, and Samriddhi Mishra of City Law College, Lucknow Secure Runner-Up Position at Lex Empathia 2.0 – National Level Client Counselling Competition](https://lawfoyer.in/divyanshi-rathour-shikhar-mishra-and-samriddhi-mishra-of-city-law-college-lucknow-secure-runner-up-position-at-lex-empathia-2-0-national-level-client-counselling-competition/) - LawFoyer proudly celebrates the remarkable achievement of Divyanshi Rathour, Shikhar Mishra, and Samriddhi Mishra, students of City Law College, Jankipuram, Lucknow, who secured the Runner-Up position at the Lex Empathia 2.0 National Level Client Counselling Competition organized by Central Law College, Jankipuram, Lucknow on 22 February 2026. This accomplishment highlights the team’s dedication, strong legal - [Anirudh Soni, Hiral Jain, and Unnati Chhangani of Jai Narain Vyas University, Jodhpur Win the 1st FIAT Justitia National Moot Court Competition 2026; Anirudh Soni Honored as ‘Best Student Advocate’](https://lawfoyer.in/anirudh-soni-hiral-jain-and-unnati-chhangani-of-jai-narain-vyas-university-jodhpur-win-the-1st-fiat-justitia-national-moot-court-competition-2026-anirudh-soni-honored-as-best-student-advo/) - The journey of legal education is filled with opportunities to learn, grow, and test one's abilities. Among these opportunities, moot court competitions stand out as one of the most enriching experiences for law students. Demonstrating exceptional advocacy skills, legal research, and teamwork, Anirudh Soni, Hiral Jain, and Unnati Chhangani from the Faculty of Law, Jai - [3rd International Conference on Social Sciences Research in the Age of AI (SSRAAI2026) – Part of the ETLTC 2026 Conference Series | Organized by ETLTC Organizing Committee, Japan & USA | Register by 1 June 2026](https://lawfoyer.in/3rd-international-conference-on-social-sciences-research-in-the-age-of-ai-ssraai2026-part-of-the-etltc-2026-conference-series-organized-by-etltc-organizing-committee-japan-usa-r/) - 3rd International Conference on Social Sciences Research in the Age of AI (SSRAAI2026) – Part of the ETLTC 2026 Conference Series | Organized by ETLTC Organizing Committee, Japan & USA | Register by 1 June 2026 - [Nyaya Samvardhan: North-Western Region Pro Bono Conclave | Organized by Pro Bono Club, School of Law, Forensic Justice & Policy Studies, National Forensic Sciences University, Delhi Campus | Register by 15 March 2026](https://lawfoyer.in/nyaya-samvardhan-north-western-region-pro-bono-conclave-organized-by-pro-bono-club-school-of-law-forensic-justice-policy-studies-national-forensic-sciences-university-delhi-campus-regis/) - Nyaya Samvardhan: North-Western Region Pro Bono Conclave | Organized by Pro Bono Club, School of Law, Forensic Justice & Policy Studies, National Forensic Sciences University, Delhi Campus | Register by 15 March 2026 - [NLIU LAW REVIEW – CALL FOR PAPERS [Volume XV, Issue II] | Organized by National Law Institute University, Bhopal](https://lawfoyer.in/nliu-law-review-call-for-papers-volume-xv-issue-ii-organized-by-national-law-institute-university-bhopal/) - NLIU LAW REVIEW – CALL FOR PAPERS [Volume XV, Issue II] | Organized by National Law Institute University, Bhopal - [DME MUN’26 (Model United Nations 2026) Under JusCosmos 2.0 – Competition Contours of Law, Nexus of Justice | Organized by Abhivyakti – The Literary & Debating Society, Delhi Metropolitan Education (DME) | Register by 10th April 2026](https://lawfoyer.in/dme-mun26-model-united-nations-2026-under-juscosmos-2-0-competition-contours-of-law-nexus-of-justice-organized-by-delhi-metropolitan-education-dme-register-by-28th-february/) - DME MUN’26 (Model United Nations 2026) Under JusCosmos 2.0 – Competition Contours of Law, Nexus of Justice | Organized by Delhi Metropolitan Education (DME) | Register by 28th February 2026 - [4th Deo Mangal Memorial Nationwide Moot Court Competition, 2026 (Online Mode) | Organized by Narayan School of Law, Gopal Narayan Singh University | Cash Prize Pool of Rs. 73,000 | Additional Benefits for all Participants | Register by 6th March, 2026](https://lawfoyer.in/4th-deo-mangal-memorial-nationwide-moot-court-competition-2026-online-mode-organized-by-narayan-school-of-law-gopal-narayan-singh-university-register-by-28th-february-2026/) - 4th Deo Mangal Memorial Nationwide Moot Court Competition, 2026 (Online Mode) | Organized by Narayan School of Law, Gopal Narayan Singh University | Register by 28th February, 2026 - [SESSION: The Future of Law: AI, ODR & Legal Technology | Organized by Law Firm Ready | Event on 28th February 2026](https://lawfoyer.in/session-the-future-of-law-ai-odr-legal-technology-organized-by-law-firm-ready-event-on-28th-february-2026/) - SESSION: The Future of Law: AI, ODR & Legal Technology | Organized by Law Firm Ready | Event on 28th February 2026 - [MASTER DAYANAND 1ST NATIONAL MOOT COURT COMPETITION, 2026 | Organized by School of Law & Legal Studies, Sanskaram University | Register by 20th March 2026](https://lawfoyer.in/master-dayanand-1st-national-moot-court-competition-2026-organized-by-school-of-law-legal-studies-sanskaram-university-register-by-20th-march-2026/) - MASTER DAYANAND 1ST NATIONAL MOOT COURT COMPETITION, 2026 | Organized by School of Law & Legal Studies, Sanskaram University | Register by 20th March 2026 - [NATIONAL CONFERENCE ON “THE NEW LABOUR CODES: PROSPECTIVE CONCERNS FOR HUMAN RIGHTS" | Organized by Rajiv Gandhi National University of Law, Punjab | Register by 2nd March, 2026](https://lawfoyer.in/national-conference-on-the-new-labour-codes-prospective-concerns-for-human-rights-organized-by-rajiv-gandhi-national-university-of-law-punjab-register-by-25th-february-2026/) - NATIONAL CONFERENCE ON “THE NEW LABOUR CODES: PROSPECTIVE CONCERNS FOR HUMAN RIGHTS" | Organized by Rajiv Gandhi National University of Law, Punjab | Register by 25th February, 2026 - [12th Professor V.S. Mani Memorial International Law Moot Court Competition 2026 | Organized by Seedling School of Law and Governance, Jaipur National University, Jaipur | Register by 7th March 2026](https://lawfoyer.in/12th-professor-v-s-mani-memorial-international-law-moot-court-competition-2026-organized-by-seedling-school-of-law-and-governance-register-by-7th-march-2026/) - 12th Professor V.S. Mani Memorial International Law Moot Court Competition 2026 | Organized by Seedling School of Law and Governance | Register by 7th March 2026 - [जनादेश विमर्श – Article Writing Competition | Organized by the Panjab University Students’ Liberty Union | Register by 26 February 2026](https://lawfoyer.in/जनादेश-विमर्श-article-writing-competition-organized-by-the-panjab-university-students/) - जनादेश विमर्श – Article Writing Competition | Organized by the Panjab University Students’ Liberty Union | Register by 26 February 2026 - [Manan Grover of Maharaja Surajmal Institute, Janakpuri Secures Rank 2 with 9.21 CGPA and Receives Academic Excellence Award](https://lawfoyer.in/manan-grover-of-maharaja-surajmal-institute-janakpuri-secures-rank-2-with-9-21-cgpa-and-receives-academic-excellence-award/) - Success in law school is never accidental. It is built on patience, discipline, and a strong mindset. Today, LawFoyer proudly celebrates the remarkable academic achievement of Manan Grover, a second year BBA LLB student from Maharaja Surajmal Institute, affiliated to Guru Gobind Singh Indraprastha University. On 14 February 2026, Manan secured Rank 2 in her - [Dhanvi Kadian of GD Goenka University Secures Runner Up Position at Second GD Goenka International IP Essay Writing Competition 2025 and Gets Published in IJLRA](https://lawfoyer.in/dhanvi-kadian-of-gd-goenka-university-secures-runner-up-position-at-second-gd-goenka-international-ip-essay-writing-competition-2025-and-gets-published-in-ijlra/) - LawFoyer proudly celebrates the remarkable achievement of Dhanvi Kadian, a Final Year BBA LL.B. (Hons.) student from GD Goenka University, Gurugram, Haryana, who secured the Runner Up position at the Second GD Goenka International IP Essay Writing Competition, 2025. Organized by GD Goenka University at the University Level, this prestigious competition witnessed enthusiastic participation from - [Madhura Vedang, Pragya Mehta, and Himanshu Gove of Maharashtra National Law University, Mumbai Shine as Semi Finalists at the 9th GNLU Securities and Investment Law Moot, 2026](https://lawfoyer.in/madhura-vedang-pragya-mehta-and-himanshu-gove-of-maharashtra-national-law-university-mumbai-shine-as-semi-finalists-at-the-9th-gnlu-securities-and-investment-law-moot-2026/) - LawFoyer proudly celebrates the remarkable achievement of Madhura Vedang, Pragya Mehta, and Himanshu Gove, students of Maharashtra National Law University, Mumbai, for securing the position of Semi Finalists and ranking 3rd overall at the prestigious 9th GNLU Securities and Investment Law Moot, 2026 organised by Gujarat National Law University, Gandhinagar. Competing at a national level - [4th NATIONAL CLIENT COUNSELLING COMPETITION | Organized by Chanakya National Law University, Patna | Register by 22 March 2026](https://lawfoyer.in/4th-national-client-counselling-competition-organized-by-chanakya-national-law-university-patna-register-by-22-march-2026/) - 4th NATIONAL CLIENT COUNSELLING COMPETITION | Organized by Chanakya National Law University, Patna | Register by 22 March 2026 - [Workshop on Real Estate Litigation: Navigating the Evolving World and Emerging Trends 2026 | Organized by CHRIST (Deemed to be University), Bangalore | Register by 25th February, 2026](https://lawfoyer.in/workshop-on-real-estate-litigation-navigating-the-evolving-world-and-emerging-trends-2026-organized-by-christ-deemed-to-be-university-bangalore-register-by-25th-february-2026/) - Workshop on Real Estate Litigation: Navigating the Evolving World and Emerging Trends 2026 | Organized by CHRIST (Deemed to be University), Bangalore | Register by 25th February, 2026 - [XI NCU National Moot Court Competition, 2026 | Organized by Moot Court Society, School of Law, The NorthCap University, Gurugram | Register by 23rd March, 2026](https://lawfoyer.in/xi-ncu-national-moot-court-competition-2026-organized-by-moot-court-society-school-of-law-the-northcap-university-gurugram-register-by-23rd-march-2026/) - XI NCU National Moot Court Competition, 2026 | Organized by Moot Court Society, School of Law, The NorthCap University, Gurugram | Register by 23rd March, 2026 - [Call for Papers – Journal of the Faculty of Law (Issue 11), Year 2026 (Vol. 11, ISSN No. 2347-758X) | Organized by School of Law, Mody University of Science and Technology | Register by 30th April 2026](https://lawfoyer.in/call-for-papers-journal-of-the-faculty-of-law-issue-11-year-2026-vol-11-issn-no-2347-758x-organized-by-school-of-law-mody-university-of-science-and-technology-register-by-30th-a/) - Call for Papers – Journal of the Faculty of Law (Issue 11), Year 2026 (Vol. 11, ISSN No. 2347-758X) | Organized by School of Law, Mody University of Science and Technology | Register by 30th April 2026 - [3rd National Pro Bono and Legal Aid Conclave – “The Justice Synergy” | Organized by National Forensic Sciences University | Register by 25th February, 2026](https://lawfoyer.in/3rd-national-pro-bono-and-legal-aid-conclave-the-justice-synergy-organized-by-national-forensic-sciences-university-register-by-15th-february-2026/) - 3rd National Pro Bono and Legal Aid Conclave – “The Justice Synergy” | Organized by National Forensic Sciences University | Register by 15th February, 2026 - [International Conference on "Intersections of Traditional Knowledge Systems and the Future: Law, Culture, Sustainability, and Collective Well-Being" | Organized by DME Law School, Noida from 8th to 9th May, 2026 | Submit Abstract by 30 March, 2026 | Register by 10th April, 2026](https://lawfoyer.in/international-conference-intersections-of-traditional-knowledge-systems-and-the-future-law-culture-sustainability-and-collective-well-being-organized-by-dme-law-school-noida-register-by-10t/) - INTERNATIONAL CONFERENCE "Intersections of Traditional Knowledge Systems and the Future: Law, Culture, Sustainability, and Collective Well-Being" | Organized by DME Law School, Noida | Register by 10th April 2026 - [3rd Case Analysis Competition, 2026 | Organized by Environmental Law Society (ELS), Faculty of Law, Integral University, Lucknow | Register by 20th March, 2026](https://lawfoyer.in/3rd-case-analysis-competition-2026-environmental-law-society-els-faculty-of-law-integral-university-lucknow-register-by-20th-march-2026/) - 3rd Case Analysis Competition, 2026 | Environmental Law Society (ELS), Faculty of Law, Integral University, Lucknow | Register by 20th March, 2026 - [YUVA SANSAD 1.0 | Organized by PRESTIGE INSTITUTE OF MANAGEMENT AND RESEARCH, GWALIOR | Register by 30 March 2026](https://lawfoyer.in/yuva-sansad-1-0-organized-by-prestige-institute-of-management-and-research-gwalior-register-by-30-march-2026/) - YUVA SANSAD 1.0 | Organized by PRESTIGE INSTITUTE OF MANAGEMENT AND RESEARCH, GWALIOR | Register by 30 March 2026 - [Online International Faculty Development Programme (IFDP) "Law, Technology and Governance in Digital Space" | Organized by Bennett University, Noida | Register by 12 March 2026](https://lawfoyer.in/online-international-faculty-development-programme-ifdp-law-technology-and-governance-in-digital-space-organized-by-bennett-university-noida-register-by-12-march-2026/) - Online International Faculty Development Programme (IFDP) "Law, Technology and Governance in Digital Space" | Organized by Bennett University, Noida | Register by 12 March 2026 - [INTERNATIONAL CONFERENCE ON POLITICAL, ECONOMIC, & SOCIAL ISSUES OF 2025 | Organized by Amity Law School, Amity University Chhattisgarh | Submit Abstract by 28 February 2026](https://lawfoyer.in/international-conference-on-political-economic-social-issues-of-2025-organized-by-amity-law-school-amity-university-chhattisgarh-submit-abstract-by-28-february-2026/) - INTERNATIONAL CONFERENCE ON POLITICAL, ECONOMIC, & SOCIAL ISSUES OF 2025 | Organized by Amity Law School, Amity University Chhattisgarh | Submit Abstract by 28 February 2026 - [NYAYA ABHYUDAY 2.0 – TECHNO LEGAL FEST | Organized by School of Law, Forensic Justice and Policy Studies (SLFJPS), National Forensic Sciences University | Register by 11th March, 2026](https://lawfoyer.in/nyaya-abhyuday-2-0-techno-legal-fest-organized-by-school-of-law-forensic-justice-and-policy-studies-slfjps-national-forensic-sciences-university-register-by-11th-march-2026/) - NYAYA ABHYUDAY 2.0 – TECHNO LEGAL FEST | Organized by School of Law, Forensic Justice and Policy Studies (SLFJPS), National Forensic Sciences University | Register by 11th March, 2026 - [National Article Writing Competition | Organized by Centre for Human Rights and Disability Studies (CHRDS), Himachal Pradesh National Law University, Shimla | Register by 28 February 2026](https://lawfoyer.in/national-article-writing-competition-organized-by-centre-for-human-rights-and-disability-studies-chrds-himachal-pradesh-national-law-university-shimla-register-by-15-february-2026/) - National Article Writing Competition | Organized by Centre for Human Rights and Disability Studies (CHRDS), Himachal Pradesh National Law University, Shimla | Register by 15 February 2026 - [ASPIRE COHORT 2 | Organized by LawFirmReady | Register by 26th February 2026](https://lawfoyer.in/aspire-cohort-2-organized-by-lawfirmready-register-by-26th-february-2026/) - ASPIRE COHORT 2 | Organized by LawFirmReady | Register by 26th February 2026 - [HPNLU JOURNAL OF DISABILITY STUDIES (A Peer-Reviewed Journal) – VOL. III, 2026 (ISSN: 3108-110X) | Organized by Centre for Human Rights and Disability Studies, Himachal Pradesh National Law University, Shimla | Register by July 15, 2026](https://lawfoyer.in/hpnlu-journal-of-disability-studies-a-peer-reviewed-journal-vol-iii-2026-issn-3108-110x-organized-by-centre-for-human-rights-and-disability-studies-himachal-pradesh-national-law-un/) - HPNLU JOURNAL OF DISABILITY STUDIES (A Peer-Reviewed Journal) – VOL. III, 2026 (ISSN: 3108-110X) | Organized by Centre for Human Rights and Disability Studies, Himachal Pradesh National Law University, Shimla | Register by July 15, 2026 - [1ST NLIU – R.K. DEWAN PAPER PRESENTATION CONFERENCE | Organized by Cell for Studies in Intellectual Property Rights (CSIPR), National Law Institute University (NLIU), Bhopal | Register by 24 February 2026](https://lawfoyer.in/1st-nliu-r-k-dewan-paper-presentation-conference-organized-by-cell-for-studies-in-intellectual-property-rights-csipr-national-law-institute-university-nliu-bhopal-register-by-24-f/) - 1ST NLIU – R.K. DEWAN PAPER PRESENTATION CONFERENCE | Organized by Cell for Studies in Intellectual Property Rights (CSIPR), National Law Institute University (NLIU), Bhopal | Register by 24 February 2026 - [INTERNATIONAL TRADE LAW SUMMIT 2026: “The WTO@30: Reimagining Multilateralism in International Trade Law” | Organized by Hidayatullah National Law University (HNLU), Raipur | Register by 20 July 2026](https://lawfoyer.in/international-trade-law-summit-2026-the-wto30-reimagining-multilateralism-in-international-trade-law-organized-by-hidayatullah-national-law-university-hnlu-raipur-register/) - INTERNATIONAL TRADE LAW SUMMIT 2026: “The WTO@30: Reimagining Multilateralism in International Trade Law” | Organized by Hidayatullah National Law University (HNLU), Raipur | Register by 20 July 2026 - [2nd Nyaya Shastra Virtual Moot Court Competition | Organized by Nyaya Shashtra | Register by 20th March 2026](https://lawfoyer.in/2nd-nyaya-shastra-virtual-moot-court-competition-organized-by-nyaya-shashtra-register-by-20th-march-2026/) - 2nd Nyaya Shastra Virtual Moot Court Competition | Organized by Nyaya Shashtra | Register by 20th March 2026 - [CAREERS IN LAW FOR WOMEN: STRATEGIES, SKILLS & PROFESSIONAL GROWTH | Organized by CanonSphere | 13 February 2026](https://lawfoyer.in/careers-in-law-for-women-strategies-skills-professional-growth-organized-by-canonsphere-13-february-2026/) - CAREERS IN LAW FOR WOMEN: STRATEGIES, SKILLS & PROFESSIONAL GROWTH | Organized by CanonSphere | 13 February 2026 - [1st L.P. Shahi Memorial National Moot Court Competition, 2026 | Organized by Sri Krishna Jubilee Law College, Muzaffarpur, Bihar | Register by 28th February, 2026](https://lawfoyer.in/1st-l-p-shahi-memorial-national-moot-court-competition-2026-organized-by-sri-krishna-jubilee-law-college-register-by-28th-february-2026/) - 1st L.P. Shahi Memorial National Moot Court Competition, 2026 | Organized by Sri Krishna Jubilee Law College | Register by 28th February, 2026 - [Sooraj KR of Government Law College Thrissur Honoured Among Top Five Papers at National Conference on Constitutional Assembly Debates](https://lawfoyer.in/sooraj-kr-of-government-law-college-thrissur-honoured-among-top-five-papers-at-national-conference-on-constitutional-assembly-debates/) - LawFoyer proudly celebrates the academic excellence of Sooraj KR, a fourth-year BBA LL.B. (Hons.) student from Government Law College Thrissur, for securing recognition as one among the best five research papers at a prestigious National Conference on Constitutional Assembly Debates, conducted by the Dr B. R. Ambedkar Chair of Kerala University on 26 November 2025. - [3rd SHRI O.P.TANDON MEMORIAL MOOT COURT COMPETITON 2026 | PRIZE POOL OF ₹54,000 | Organized by TRINITY INSTITUTE OF PROFESSIONAL STUDIES (TIPS) | Register by 10th FEBRUARY 2026](https://lawfoyer.in/3rd-shri-o-p-tandon-memorial-moot-court-competiton-2026-organized-by-trinity-institute-of-professional-studies-tips-register-by-10th-february-2026/) - 3rd SHRI O.P.TANDON MEMORIAL MOOT COURT COMPETITON 2026 | Organized by TRINITY INSTITUTE OF PROFESSIONAL STUDIES (TIPS) | Register by 10th FEBRUARY 2026 - [THEMISIA 4.0 | Organized by Deccan Education Society’s Shri Navalmal Firodia Law College, Pune | Register by 10th February, 2026](https://lawfoyer.in/themisia-4-0-organized-by-deccan-education-societys-shri-navalmal-firodia-law-college-pune-register-by-4th-february-2026/) - THEMISIA 4.0 | Organized by Deccan Education Society’s Shri Navalmal Firodia Law College, Pune | Register by 4th February, 2026 - [Ravinder Kaur Grewal & Ors. v. Manjit Kaur & Ors., [2020] 8 SCR 1138](https://lawfoyer.in/ravinder-kaur-grewal-ors-v-manjit-kaur-ors-2020-8-scr-1138/) - The present judgment settles a recurring controversy surrounding family settlements, their evidentiary value, and the requirement of compulsory registration under Section 17 of the Registration Act, 1908. The Supreme Court examined whether a document styled as a memorandum of family settlement creates rights in immovable property for the first time or merely records a pre-existing oral settlement already acted upon by the parties. The dispute arose between real brothers concerning ownership and possession of ancestral and self-acquired properties, where long-standing possession, construction, and mutual exchange of properties had taken place within the family. - [Sukh Sagar Medical College & Hospital v. State of Madhya Pradesh & Ors., [2020] 11 SCR 397](https://lawfoyer.in/sukh-sagar-medical-college-hospital-v-state-of-madhya-pradesh-ors-2020-11-scr-397/) - The judgment examines the scope and limits of the State Government’s power to withdraw an Essentiality Certificate granted for the establishment of a medical college under the Indian Medical Council Act, 1956 and the Medical Council of India Establishment of Medical College Regulations, 1999. The appellant Trust was granted an Essentiality Certificate in 2014 to establish a medical college at Jabalpur. Despite issuance of a conditional Letter of Permission for the academic year 2016–17, the college consistently failed to meet mandatory infrastructural, faculty, and clinical requirements prescribed by the Medical Council of India. Renewal permissions were denied for three consecutive academic years due to gross deficiencies, resulting in academic dislocation of the first batch of students. - [The Chairman, Board of Trustees, Cochin Port Trust v. M/s Arebee Star Maritime Agencies Pvt. Ltd. & Ors., [2020] 11 SCR 706](https://lawfoyer.in/the-chairman-board-of-trustees-cochin-port-trust-v-m-s-arebee-star-maritime-agencies-pvt-ltd-ors-2020-11-scr-706/) - The judgment resolves long-standing inconsistencies in Supreme Court jurisprudence concerning liability for storage charges, demurrage, and ground rent payable to Major Port Trusts when imported goods remain uncleared by consignees. The dispute arose from the practice of Port Trusts imposing liability on shipping or steamer agents for prolonged periods, particularly beyond tariff-prescribed limits, where consignees abandoned goods. The Court undertook a comprehensive statutory interpretation of the Major Port Trusts Act, 1963, read harmoniously with the Customs Act, 1962 and principles of bailment under the Indian Contract Act, 1872. - [Gangadhar Alias Gangaram v. State of Madhya Pradesh, [2020] 7 S.C.R. 173](https://lawfoyer.in/gangadhar-alias-gangaram-v-state-of-madhya-pradesh-2020-7-s-c-r-173/) - The decision examines the foundational requirement of conscious possession under the Narcotic Drugs and Psychotropic Substances Act, 1985 and reiterates that statutory presumptions under Sections 35 and 54 do not dispense with the prosecution’s primary burden to establish possession beyond reasonable doubt. The appellant was convicted solely on the basis of ownership inferred from an outdated voters’ list, despite the recovery of 48 kg 200 gms of ganja from a locked house allegedly sold prior to the seizure. - [M/s EXL Careers and Another v. Frankfinn Aviation Services Private Limited, [2020] 6 SCR 289](https://lawfoyer.in/m-s-exl-careers-and-another-v-frankfinn-aviation-services-private-limited-2020-6-scr-289/) - The judgment in M/s EXL Careers and Another v. Frankfinn Aviation Services Private Limited authoritatively settles the legal position concerning the procedural consequence of the return of a plaint under Order VII Rules 10 and 10A of the Code of Civil Procedure, 1908. The Supreme Court examined whether a civil suit, upon return of the plaint for want of territorial jurisdiction, must recommence de novo or could continue from the stage at which it stood prior to such return. - [Janhit Abhiyan v. Union of India & Ors., [2020] 7 S.C.R. 158](https://lawfoyer.in/janhit-abhiyan-v-union-of-india-ors-2020-7-s-c-r-158/) - The present writ proceedings arise from a constitutional challenge to the Constitution (One Hundred and Third Amendment) Act, 2019, which introduced Articles 15(6) and 16(6) into the Constitution of India. The amendment empowered the State to provide up to ten per cent reservation in educational institutions and public employment for Economically Weaker Sections (EWS) of citizens, excluding classes already covered under Articles 15(4), 15(5), and 16(4). - [Rama Nand and Others v. Chief Secretary, Govt. of NCT of Delhi and Another, [2020] 6 SCR 19](https://lawfoyer.in/rama-nand-and-others-v-chief-secretary-govt-of-nct-of-delhi-and-another-2020-6-scr-19/) - The present judgment examines the jurisprudential distinction between promotion and mere cadre reorganisation within the framework of service law, particularly in the context of the Assured Career Progression Scheme. The controversy arose when Telephone Operators employed under the Delhi Fire Service were deployed as Radio Telephone Operators pursuant to a reorganisation of the wireless communication system. The appellants claimed entitlement to financial upgradation under the ACP Scheme, asserting that the deployment amounted to a mere re-description of posts rather than a promotion. The Supreme Court undertook a detailed examination of the factual matrix, service conditions, eligibility criteria, and governing policy instruments. - [Hari Krishna Mandir Trust v. State of Maharashtra and Others, [2020] 13 SCR 318](https://lawfoyer.in/hari-krishna-mandir-trust-v-state-of-maharashtra-and-others-2020-13-scr-318/) - The judgment in Hari Krishna Mandir Trust v. State of Maharashtra and Others represents a significant reaffirmation of the constitutional protection accorded to property rights under Article 300-A of the Constitution of India, even after the deletion of the right to property as a fundamental right. The Supreme Court examined the legality of an erroneous vesting of a privately owned internal road in favour of a municipal corporation under a Town Planning Scheme framed under the Maharashtra Regional and Town Planning Act, 1966. The case arose from a long-standing factual dispute where a strip of land recorded as a private internal road, never acquired through statutory means, was mistakenly shown as vested in the Pune Municipal Corporation. - [Brahampal @ Sammay and Another v. National Insurance Company, [2020] 9 SCR 504](https://lawfoyer.in/brahampal-sammay-and-another-v-national-insurance-company-2020-9-scr-504/) - The judgment examines the scope and contours of Section 173 of the Motor Vehicles Act, 1988, particularly the discretionary power of High Courts to condone delay in filing appeals against awards passed by Motor Accident Claims Tribunals. The Supreme Court addressed whether dismissal of an appeal solely on the ground of a short delay of forty-five days defeats the beneficial object of the statute. The Court emphasised that Chapter XII of the Motor Vehicles Act constitutes a self-contained and beneficial legislative framework intended to protect victims of road accidents and their dependents. The interpretation of limitation provisions within such welfare legislation must therefore be remedial and purposive rather than rigid and technical. - [Government of India & Ors. v. ISRO Drivers Association, [2020] 7 SCR 941](https://lawfoyer.in/government-of-india-ors-v-isro-drivers-association-2020-7-scr-941/) - The judgment examines the scope and interpretation of Rule 5(c) of the Central Civil Services (Recognition of Service Associations) Rules, 1993, particularly the meaning of the expression “distinct category of Government servants”. The dispute arose when an association formed exclusively by drivers employed at the Satish Dhawan Space Centre, SHAR, sought recognition as a service association under the 1993 Rules. The competent authority rejected the claim on the ground that an association based purely on job description did not qualify as a “distinct category”. - [2nd Pan-India Essay Writing Competition, 2026 | Organized by Avantika University | Register by 20 February 2026](https://lawfoyer.in/2nd-pan-india-essay-writing-competition-2026-organized-by-avantika-university-register-by-20-february-2026/) - 2nd Pan-India Essay Writing Competition, 2026 | Organized by Avantika University | Register by 20 February 2026 - [XVII AMITY MOOT COURT COMPETITION 2026 | Organized by The Moot Court Committee of Amity Law School, Amity University Uttar Pradesh, Lucknow Campus | Register by 7th February 2026](https://lawfoyer.in/xvii-amity-moot-court-competition-2026-organized-by-the-moot-court-committee-of-amity-law-school-amity-university-uttar-pradesh-lucknow-campus-register-by-31st-january-2026/) - XVII AMITY MOOT COURT COMPETITION 2026 | Organized by The Moot Court Committee of Amity Law School, Amity University Uttar Pradesh, Lucknow Campus | Register by 31st January 2026 - [Vineeta Sharma v. Rakesh Sharma & Ors., [2020] 10 SCR 135](https://lawfoyer.in/vineeta-sharma-v-rakesh-sharma-ors-2020-10-scr-135/) - The Constitution Bench decision in Vineeta Sharma v. Rakesh Sharma & Ors. finally authoritatively settles the long-standing judicial conflict concerning the scope, temporal operation, and constitutional intent of Section 6 of the Hindu Succession Act, 1956 as substituted by the Hindu Succession (Amendment) Act, 2005. The judgment resolves divergent interpretations rendered in Prakash v. Phulavati and Danamma v. Amar, clarifying whether a daughter’s right as a coparcener is contingent upon the father being alive on 09.09.2005. - [In Re: Prashant Bhushan and Anr. [2020] 8 SCR 443](https://lawfoyer.in/in-re-prashant-bhushan-and-anr-2020-8-scr-443/) - The judgment in In Re: Prashant Bhushan and Anr. represents a significant constitutional exposition on the contours of criminal contempt in the context of digital speech and public criticism of the judiciary. The Supreme Court initiated suo motu criminal contempt proceedings against a senior advocate for two tweets that allegedly scandalised the institution of the judiciary and undermined public confidence in the office of the Chief Justice of India. - [Preet Pal Singh v. State of Uttar Pradesh & Anr., [2020] 6 SCR 967](https://lawfoyer.in/preet-pal-singh-v-state-of-uttar-pradesh-anr-2020-6-scr-967/) - The judgment examines the scope and limits of Section 389 of the Code of Criminal Procedure, 1973, particularly the judicial standards governing suspension of sentence and grant of bail after conviction. The appeal arose from an order of the Allahabad High Court which had suspended the sentence of a convict husband found guilty under Sections 498A, 304B, and 406 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, and released him on bail during pendency of appeal. The Supreme Court scrutinized whether such suspension was legally sustainable when the conviction involved dowry death punishable with life imprisonment. - [M.C. Mehta v. Union of India & Ors., [2020] 10 S.C.R. 718](https://lawfoyer.in/m-c-mehta-v-union-of-india-ors-2020-10-s-c-r-718/) - The judgment examines the jurisdictional limits of the Monitoring Committee constituted by the Supreme Court in the long-running M.C. Mehta environmental litigation. The central issue concerns whether the Monitoring Committee possessed authority to seal purely residential premises situated on private land when such premises were not being used for commercial purposes. The controversy arose from Report No.149, pursuant to which several residential properties in Vasant Kunj and Rajokari were sealed on the basis of a letter issued by the Sub-Divisional Magistrate, Mehrauli. - [Union of India & Anr. v. M/s K.C. Sharma & Co. & Ors., [2020] 6 S.C.R. 854](https://lawfoyer.in/union-of-india-anr-v-m-s-k-c-sharma-co-ors-2020-6-s-c-r-854/) - The decision examines the permissibility of challenging a finalized decree passed in reference proceedings under Sections 30 and 31 of the Land Acquisition Act, 1894 on the ground of alleged fraud. The dispute arose from the acquisition of large tracts of land belonging to Gaon Sabha Luhar Heri, including banjar land containing shora. The respondents claimed entitlement to compensation as lessees who had invested substantial resources in reclaiming the land. The reference court, by judgment dated 28.09.1989, apportioned 87% compensation to the respondents and 13% to the Gaon Sabha. This decree attained finality as it was never appealed. - [Babulal Vardharji Gurjar v. Veer Gurjar Aluminium Industries Pvt. Ltd. & Anr., [2020] 13 S.C.R. 368](https://lawfoyer.in/babulal-vardharji-gurjar-v-veer-gurjar-aluminium-industries-pvt-ltd-anr-2020-13-s-c-r-368/) - The Supreme Court in Babulal Vardharji Gurjar v. Veer Gurjar Aluminium Industries Pvt. Ltd. & Anr. authoritatively examined the applicability of the Limitation Act, 1963 to proceedings initiated under Section 7 of the Insolvency and Bankruptcy Code, 2016. The judgment resolves a recurring controversy on whether the commencement of the IBC or the existence of secured assets such as mortgages can extend or alter the statutory limitation period for initiating the Corporate Insolvency Resolution Process. - [Centre for Public Interest Litigation v. Union of India, [2020] 11 S.C.R. 425](https://lawfoyer.in/centre-for-public-interest-litigation-v-union-of-india-2020-11-s-c-r-425/) - The judgment addresses the scope, interpretation, and operational sufficiency of the Disaster Management Act, 2005 in the context of the unprecedented COVID-19 pandemic. The petition questioned the constitutional and statutory obligation of the Union of India to frame a fresh National Disaster Management Plan exclusively for COVID-19 under Section 11, to prescribe new minimum standards of relief under Section 12, and to mandate exclusive utilisation of the National Disaster Response Fund (NDRF) under Section 46 instead of the PM CARES Fund. The Supreme Court undertook a detailed statutory interpretation of the Act, examining the legislative intent, scheme, and functional architecture of disaster governance in India. - [Ghanshyam Upadhyay v. State of Uttar Pradesh & Ors., [2020] 6 S.C.R. 983](https://lawfoyer.in/ghanshyam-upadhyay-v-state-of-uttar-pradesh-ors-2020-6-s-c-r-983/) - The judgment in Ghanshyam Upadhyay v. State of Uttar Pradesh & Others examines the contours of judicial scrutiny over allegations of bias and conflict of interest raised against members of a Commission of Inquiry constituted under the Commissions of Inquiry Act, 1952. The petitioner, a practicing advocate, invoked Article 32 of the Constitution of India in public interest, seeking the scrapping of a judicial commission constituted to inquire into the alleged police encounter killing of Vikas Dubey. The challenge was founded exclusively on a newspaper article alleging political and relational proximity of commission members to the ruling establishment. - [Mohd. Anwar v. State (NCT of Delhi), (2020) 7 SCR 150](https://lawfoyer.in/mohd-anwar-v-state-nct-of-delhi-2020-7-scr-150/) - The judgment in Mohd. Anwar v. State (NCT of Delhi) addresses critical issues relating to the evidentiary value of witness testimony, refusal to participate in Test Identification Parade, and belated claims of juvenility and mental unsoundness under criminal law. The Supreme Court examined whether such defences, raised for the first time at the appellate stage, could undermine concurrent findings of guilt recorded by the Trial Court and the High Court. The Court reaffirmed that robbery with hurt under Section 394 IPC stands established when ocular testimony is consistent, credible, and corroborated by surrounding circumstances. - [Deccan Paper Mills Co. Ltd. v. Regency Mahavir Properties & Ors., [2020] 13 S.C.R. 427](https://lawfoyer.in/deccan-paper-mills-co-ltd-v-regency-mahavir-properties-ors-2020-13-s-c-r-427/) - The judgment in Deccan Paper Mills Co. Ltd. v. Regency Mahavir Properties & Ors. addresses the evolving jurisprudence on arbitrability of disputes involving allegations of fraud and cancellation of written instruments under section 31 of the Specific Relief Act, 1963. The Supreme Court examined whether a civil suit seeking declaration and cancellation of development agreements on the ground of fraud could bypass a valid arbitration clause contained in a subsequent assignment agreement. - [Avitel Post Studioz Limited & Ors. v. HSBC PI Holdings (Mauritius) Limited, [2020] 10 SCR 791](https://lawfoyer.in/avitel-post-studioz-limited-ors-v-hsbc-pi-holdings-mauritius-limited-2020-10-scr-791/) - The decision in Avitel Post Studioz Limited & Ors. v. HSBC PI Holdings (Mauritius) Limited constitutes a significant exposition on the arbitrability of disputes involving allegations of fraud under Indian arbitration law, particularly in the context of enforcement-related interim relief under Section 9 of the Arbitration and Conciliation Act, 1996. The controversy arose from a foreign-seated arbitration governed by Singapore law, where the claimant investor alleged that it was fraudulently induced to invest USD 60 million based on false representations relating to a non-existent BBC contract. The arbitral tribunal rendered a detailed foreign final award holding the appellants liable for fraudulent misrepresentation and tort of deceit, awarding restitutionary damages equivalent to the entire investment amount with interest and costs. - [The Commissioner of Central Excise, Customs and Service Tax, Calicut v. M/s. Cera Boards and Doors, Kannur Kerala & Ors., [2020] 11 S.C.R. 471](https://lawfoyer.in/the-commissioner-of-central-excise-customs-and-service-tax-calicut-v-m-s-cera-boards-and-doors-kannur-kerala-ors-2020-11-s-c-r-471/) - The judgment in The Commissioner of Central Excise, Customs and Service Tax, Calicut v. M/s. Cera Boards and Doors, Kannur Kerala & Ors. examines the core principles governing valuation of excisable goods under Section 4 of the Central Excise Act, 1944, particularly in the context of alleged undervaluation and evasion of duty. The controversy arose from multiple batches of appeals involving plywood and board manufacturers accused of systematically under-invoicing goods and collecting consideration in cash beyond invoice values. The adjudicating authorities confirmed undervaluation, while the Customs, Excise and Service Tax Appellate Tribunal upheld such findings but remanded matters for re-quantification of duty. - [Sardar Bahginder Singh v. Sardar Manjieeth Singh Jagan Singh & Ors., [2020] 14 S.C.R. 349](https://lawfoyer.in/sardar-bahginder-singh-v-sardar-manjieeth-singh-jagan-singh-ors-2020-14-s-c-r-349/) - The judgment adjudicates the statutory conflict concerning the authority to nominate four members to the statutory Board constituted under the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956. The controversy arose from conflicting factional claims within the Sachkhand Hazuri Khalsa Diwan, Nanded, a public trust registered under the Maharashtra Public Trusts Act, 1950. The State Government of Maharashtra assumed the power to nominate four members under Section 6(1)(viii) due to internal disputes in the Diwan and issued a notification dated 21 June 2019. - [Sri V.N. Krishna Murthy & Anr. v. Sri Ravikumar & Ors, [2020] 7 S.C.R. 1148](https://lawfoyer.in/sri-v-n-krishna-murthy-anr-v-sri-ravikumar-ors-2020-7-s-c-r-1148/) - The judgment examines the scope of the expression “person aggrieved” under Sections 96 and 100 of the Code of Civil Procedure, 1908 and determines whether purchasers claiming title through sale deeds executed under a General Power of Attorney possess locus standi to challenge a decree cancelling an agreement to sell to which they were not parties. The Supreme Court clarifies that appellate rights are not automatic and accrue only where a decree prejudicially affects legal rights. - [Wg. Cdr. Arifur Rahman Khan & Aleya Sultana & Ors. v. DLF Southern Homes Pvt. Ltd. & Ors., [2020] 9 SCR 136](https://lawfoyer.in/wg-cdr-arifur-rahman-khan-aleya-sultana-ors-v-dlf-southern-homes-pvt-ltd-ors-2020-9-scr-136/) - The judgment delivered by the Supreme Court of India in Wg. Cdr. Arifur Rahman Khan and Aleya Sultana & Ors. v. DLF Southern Homes Pvt. Ltd. constitutes a decisive exposition on the scope of deficiency of service under the Consumer Protection Act, 1986 in cases involving delayed delivery of residential flats. The dispute arose from substantial delays, ranging between two to four years, in handing over possession of apartments despite contractual stipulations mandating completion within thirty-six months. The National Consumer Disputes Redressal Commission dismissed the buyers’ complaint by confining compensation to a contractual clause providing a nominal fixed rate. - [,Raj Pal Singh v. Commissioner of Income-Tax, Haryana, Rohtak, [2020] 9 SCR 185](https://lawfoyer.in/raj-pal-singh-v-commissioner-of-income-tax-haryana-rohtak-2020-9-scr-185/) - The judgment examines the precise point of accrual of capital gains under Section 45 of the Income-tax Act, 1961 in cases of compulsory acquisition of land under the Land Acquisition Act, 1894. The dispute arose from the acquisition of land belonging to the assessee, which was already in possession of a college as a lessee whose lease had expired prior to acquisition. The controversy centered on whether capital gains accrued on the date of issuance of notification under Section 4 of the Land Acquisition Act, 1894 or on the date of passing of the award under Section 11. - [Narasamma & Ors. v. A. Krishnappa (Dead) Through LRs, [2020] 7 SCR 528](https://lawfoyer.in/narasamma-ors-v-a-krishnappa-dead-through-lrs-2020-7-scr-528/) - The judgment adjudicates a long-standing civil dispute concerning title, possession, and adverse possession over an urban immovable property in Bengaluru. The dispute arose when the original plaintiff sought vacant possession of a revenue site, asserting absolute ownership derived from ancestral property and joint family management. The defendant resisted the claim by setting up a competing narrative of ownership through an unregistered agreement of sale, a General Power of Attorney, and alternatively, perfection of title by adverse possession commencing from the same date. - [,Union of India and Others v. Agricus LLP and Others [2020] 14 SCR 372](https://lawfoyer.in/union-of-india-and-others-v-agricus-llp-and-others-2020-14-scr-372/) - The judgment adjudicates the constitutional and statutory validity of multiple notifications and trade notices issued by the Union of India under the Foreign Trade (Development and Regulation) Act, 1992, whereby imports of certain pulses, including peas, moong, urad and tur, were shifted from the free to the restricted category and made subject to quantitative ceilings and prior authorisation. The principal controversy arose from the challenge mounted by importers asserting that such restrictions amounted to quantitative restrictions under Section 9A of the Act, necessitating compliance with the safeguard investigation mechanism and procedural safeguards prescribed under the Safeguard Measures (Quantitative Restrictions) Rules, 2012. - [V. Sukumaran v. State of Kerala & Anr., [2020] 6 SCR 991](https://lawfoyer.in/v-sukumaran-v-state-of-kerala-anr-2020-6-scr-991/) - The decision in V. Sukumaran v. State of Kerala & Anr. constitutes a significant exposition of pension jurisprudence under Indian service law, particularly in relation to the treatment of Casual Labour Roll (CLR) service for pensionary benefits. The Supreme Court examined whether the appellant, who initially served as a CLR worker in the Fisheries Department and was later appointed through Kerala Public Service Commission recruitment and subsequently transferred back to the same department, could claim the benefit of his earlier casual service for pension computation. The State denied such benefit on the technical ground that the appellant was not directly absorbed from CLR to Seasonal Labour Roll (SLR) posts but entered regular service through a distinct recruitment channel. - [State of Madhya Pradesh & Ors. v. Rakesh Sethi & Anr., (2020) 7 SCR 734](https://lawfoyer.in/state-of-madhya-pradesh-ors-v-rakesh-sethi-anr-2020-7-scr-734/) - The judgment examines the constitutional and statutory validity of Rule 55A of the Madhya Pradesh Motor Vehicles Rules, 1994, which authorises the State Government to levy fees for reservation and allotment of specific or “fancy” registration numbers for motor vehicles. The controversy arose when the High Court of Madhya Pradesh struck down Rule 55A as ultra vires the Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989, holding that the power to prescribe fees for vehicle registration vested exclusively with the Central Government. The Supreme Court was called upon to examine the scope of Sections 41, 65, and 211 of the Act, and to determine whether the State could, through delegated legislation, impose fees for services connected with registration marks. - [State of Punjab & Ors. v. Davinder Singh & Ors., [2020] 10 S.C.R. 857](https://lawfoyer.in/state-of-punjab-ors-v-davinder-singh-ors-2020-10-s-c-r-857/) - The judgment in State of Punjab & Ors. v. Davinder Singh & Ors. addresses a foundational constitutional question concerning the permissibility of sub-classification within Scheduled Castes for the purpose of reservation in public employment. The case arose from a challenge to Section 4(5) of the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006, which earmarked 50% of Scheduled Caste reserved vacancies for Balmikis and Mazhabi Sikhs, identified as the most backward among Scheduled Castes in Punjab. The Punjab and Haryana High Court invalidated the provision by relying on E.V. Chinnaiah v. State of Andhra Pradesh, which held that Scheduled Castes constitute a homogenous class and cannot be further classified by States. - [Nazir Mohamed v. J. Kamala and Others, [2020] 7 SCR 763](https://lawfoyer.in/nazir-mohamed-v-j-kamala-and-others-2020-7-scr-763/) - The judgment in Nazir Mohamed v. J. Kamala and Others is a significant exposition on the scope and limits of second appeals under Section 100 of the Code of Civil Procedure, 1908, and the interplay between declaration of title, recovery of possession, adverse possession, and limitation. The Supreme Court decisively reaffirmed that a second appeal is a statutory and restricted remedy, maintainable only when a substantial question of law arises. The Court held that the High Court gravely erred in interfering with concurrent and well-reasoned findings of the First Appellate Court without formulating or answering any genuine substantial question of law. - [M/s. Radha Exports (India) Pvt. Limited v. K.P. Jayaram & Anr. [2020] 8 S.C.R. 272](https://lawfoyer.in/m-s-radha-exports-india-pvt-limited-v-k-p-jayaram-anr-2020-8-s-c-r-272/) - The decision in M/s. Radha Exports (India) Pvt. Limited v. K.P. Jayaram & Anr. authoritatively clarifies the intersection between limitation law and the initiation of insolvency proceedings under Section 7 of the Insolvency and Bankruptcy Code, 2016. The Supreme Court examined whether a creditor invoking the Corporate Insolvency Resolution Process must demonstrate the existence of a legally recoverable financial debt on the date of filing. The controversy arose from advances made between 2002 and 2005 to a proprietorship concern, later taken over by the appellant company, where substantial repayments were pleaded, and a portion of the outstanding amount was converted into share application money. After more than a decade, insolvency proceedings were initiated, alleging subsisting financial debt. - [State of Madhya Pradesh v. Centre for Environment Protection Research and Development & Ors., [2020] 12 SCR 1139](https://lawfoyer.in/state-of-madhya-pradesh-v-centre-for-environment-protection-research-and-development-ors-2020-12-scr-1139/) - The judgment examines the statutory limits of powers exercised by the National Green Tribunal under the National Green Tribunal Act, 2010 in enforcing vehicular pollution norms. The dispute arose from blanket directions issued by the Central Zonal Bench of the NGT, Bhopal, mandating denial of fuel supply to motor vehicles lacking a valid Pollution Under Control Certificate and directing the State of Madhya Pradesh to deposit ₹25 crores as security to ensure compliance. The Supreme Court was called upon to determine whether such coercive measures were legally sustainable under the existing statutory framework governing motor vehicles and environmental protection. - [Union of India v. Ashok Kumar Sharma and Others, [2020] 10 SCR 923](https://lawfoyer.in/union-of-india-v-ashok-kumar-sharma-and-others-2020-10-scr-923/) - The judgment authoritatively settles the long-standing conflict concerning the procedural competence of police authorities in relation to offences under Chapter IV of the Drugs and Cosmetics Act, 1940. The Court undertook an extensive statutory and constitutional analysis to determine whether police officers can register FIRs, investigate, and prosecute offences which are declared cognizable and non-bailable under Section 36AC of the Act. The Court held that despite the cognizable nature of such offences, Section 32 of the Act creates a complete code for prosecution, thereby excluding police officers from instituting prosecutions or registering FIRs under Section 154 of the Code of Criminal Procedure, 1973. - [Women, Children & the New Criminal Laws: Understanding Protection, Rights and Reforms | Organized by SAGE Winter School - SAGE University | Register by 22 February 2026](https://lawfoyer.in/women-children-the-new-criminal-laws-understanding-protection-rights-and-reforms-organized-by-sage-winter-school-sage-university-register-by-22-february-2026/) - Women, Children & the New Criminal Laws: Understanding Protection, Rights and Reforms | Organized by SAGE Winter School - SAGE University | Register by 22 February 2026 - [5th FIMT Moot Court Competition (All India Participation) 2026 | Organized by Fairfield School of Law, Fairfield Institute of Management & Technology (FIMT) | Register by 15th February, 2026](https://lawfoyer.in/5th-fimt-moot-court-competition-all-india-participation-2026-organized-by-fairfield-school-of-law-fairfield-institute-of-management-technology-fimt-register-by-15th-february-2026/) - 5th FIMT Moot Court Competition (All India Participation) 2026 | Organized by Fairfield School of Law, Fairfield Institute of Management & Technology (FIMT) | Register by 15th February, 2026 - [Manwee Arya, Shivang Kumar and Gyan Prakash of Central University of South Bihar Shines on the National Mooting Stage as Best Student Advocate (Petitioner) at Shri I.M. Nanavati Memorial Moot Court Competition 2026](https://lawfoyer.in/manwee-arya-shivang-kumar-and-gyan-prakash-of-central-university-of-south-bihar-shines-on-the-national-mooting-stage-as-best-student-advocate-petitioner-at-shri-i-m-nanavati-memorial-moot-court-co/) - LawFoyer’s Achievers’ Archive proudly celebrates the remarkable achievement of Manwee Arya, a fourth-year B.A. LL.B student from Central University of South Bihar, who has been honored with the prestigious title of Best Student Advocate (Petitioner) at the Shri I.M. Nanavati Memorial Moot Court Competition, 2026. This recognition reflects not only her individual excellence but also - [Arush Kalsotra of Himachal Pradesh National Law University, Shimla Wins Upcoming Mediator Award at International Mediation Competition](https://lawfoyer.in/arush-kalsotra-of-himachal-pradesh-national-law-university-shimla-wins-upcoming-mediator-award-at-international-mediation-competition/) - LawFoyer proudly celebrates the remarkable achievement of Arush Kalsotra, a dedicated law student from Himachal Pradesh National Law University, Shimla, who has been honoured with the Upcoming Mediator Award at the Lex Infinitum VMSCL International Dispute Resolution Competition. The competition was organized by V.M. Salgaocar College of Law, Goa and witnessed participation from talented teams - [24th LawFoyer Quiz on (Contract Law + Law of Torts): Prizes worth Rs. 15K + | Cash Prizes, Smart Watch, Earbuds and much more | Bonuses for All Participants worth Rs. 5K+ | Register by 24th January, 2026](https://lawfoyer.in/24th-lawfoyer-quiz-on-contract-law-law-of-torts-prizes-worth-rs-25k-cash-prizes-smart-watch-earbuds-and-much-more/) - 24th LawFoyer Contract and Torts Quiz for law students. Prizes worth Rs 15K, cash, gadgets and bonuses for all. Register by 24th January 2026. - [IILM Law Journal – Call for Papers (Vol. IV, Issue 1) | Organized by IILM Law Journal, School of Law, IILM University | Register by 24th April 2026](https://lawfoyer.in/iilm-law-journal-call-for-papers-vol-iv-issue-1-organized-by-iilm-law-journal-school-of-law-iilm-university-register-by-24th-april-2026/) - IILM Law Journal – Call for Papers (Vol. IV, Issue 1) | Organized by IILM Law Journal, School of Law, IILM University | Register by 24th April 2026 - [V AUAP–JLU International Moot Court Competition, 2026 | Organized by Jagran Lakecity University, Bhopal (M.P.) | Register by 31st January 2026](https://lawfoyer.in/v-auap-jlu-international-moot-court-competition-2026-organized-by-jagran-lakecity-university-bhopal-m-p-register-by-28th-january-2026/) - V AUAP–JLU International Moot Court Competition, 2026 | Organized by Jagran Lakecity University, Bhopal (M.P.) | Register by 28th January 2026 - [NLST National Virtual Moot Court Competition 2026 | Organized by Noida Legal Service Trust (NLST) | Register by 10th February, 2026](https://lawfoyer.in/nlst-national-virtual-moot-court-competition-2026-organized-by-noida-legal-service-trust-nlst-register-by-noida-legal-service-trust-nlst/) - NLST National Virtual Moot Court Competition 2026 | Organized by Noida Legal Service Trust (NLST) | Register by Noida Legal Service Trust (NLST) - [ESG 2.0 – Law, Policy and Practice (Value Added Course) | Organized by Vivekananda School of Law and Legal Studies (VSLLS), Vivekananda Institute of Professional Studies – Technical Campus (VIPS-TC) | Register by 28th February 2026](https://lawfoyer.in/esg-2-0-law-policy-and-practice-value-added-course-organized-by-vivekananda-school-of-law-and-legal-studies-vslls-vivekananda-institute-of-professional-studies-technical-ca/) - ESG 2.0 – Law, Policy and Practice (Value Added Course) | Organized by Vivekananda School of Law and Legal Studies (VSLLS), Vivekananda Institute of Professional Studies – Technical Campus (VIPS-TC) | Register by 28th February 2026 - [Anushka Sharma and Aryansingh Bagga of GLS University Shine as Winners at Client Counselling Competition 2025–26](https://lawfoyer.in/anushka-sharma-and-aryansingh-bagga-of-gls-university-shine-as-winners-at-client-counselling-competition-2025-26/) - At LawFoyer’s Achievers’ Archive, we take immense pride in celebrating young legal minds who exemplify dedication, skill, and a deep understanding of the law in practice. One such inspiring achievement comes from Anushka Sharma and Aryansingh Bagga, students of the Faculty of Law, GLS University, Ahmedabad, who emerged as Winners at the Client Counselling Competition - [V AUAP–JLU International Moot Court Competition, 2026 | Organized by Jagran Lakecity University, Bhopal, Madhya Pradesh | Register by 28 January 2026](https://lawfoyer.in/v-auap-jlu-international-moot-court-competition-2026-organized-by-jagran-lakecity-university-bhopal-madhya-pradesh-register-by-28-january-2026/) - V AUAP–JLU International Moot Court Competition, 2026 | Organized by Jagran Lakecity University, Bhopal, Madhya Pradesh | Register by 28 January 2026 - [Prajjwal Tiwari Secures 3rd Position in Legal Essay Competition at City Law College, Lucknow](https://lawfoyer.in/prajjwal-tiwari-secures-3rd-position-in-legal-essay-competition-at-city-law-college-lucknow/) - LawFoyer proudly celebrates the academic success of Prajjwal Tiwari, a dedicated law student from City Law College, who secured 3rd Position in the Legal Essay Competition organized by his institution. This achievement stands as a reflection of his growing command over legal research, analytical thinking, and structured legal writing. Prajjwal is currently pursuing LL.B (Integrated), - [Prajjwal Tiwari Secures Second Position in Essay Competition and Constitutional Quiz at City Academy Law College, Lucknow](https://lawfoyer.in/prajjwal-tiwari-secures-second-position-in-essay-competition-and-constitutional-quiz-at-city-academy-law-college-lucknow/) - LawFoyer proudly celebrates the academic achievement of Prajjwal Tiwari, a passionate law student from City Law College, affiliated to the University of Lucknow, who secured Second Position in both the Essay Competition and the Constitutional Quiz Competition organized by City Academy Law College, Lucknow, in December 2024. This remarkable accomplishment reflects Prajjwal’s early dedication to - [Commissioner of Service Tax, Ahmedabad v. M/s Adani Gas Ltd., [2020] 8 SCR 875](https://lawfoyer.in/commissioner-of-service-tax-ahmedabad-v-m-s-adani-gas-ltd-2020-8-scr-875/) - The judgment examines the scope and interpretation of Section 65(105)(zzzzj) of the Finance Act, 1994, which levies service tax on the supply of tangible goods for use without transfer of possession and effective control. The controversy arose from service tax demands on gas connection charges collected by M/s Adani Gas Ltd. from industrial, commercial, and domestic consumers for installation of pipelines and SKID measurement equipment. The Tribunal had set aside the demand by holding that such equipment was not used by the consumer. The Supreme Court reversed this finding and upheld the levy. - [Praneeth K. & Ors. v. University Grants Commission (UGC) & Ors., [2020] 8 SCR 917](https://lawfoyer.in/praneeth-k-ors-v-university-grants-commission-ugc-ors-2020-8-scr-917/) - The judgment examines the constitutional validity and statutory force of the UGC Revised Guidelines dated 06.07.2020 mandating conduct of final year/terminal semester examinations during the COVID-19 pandemic. The petitions raised an intense conflict between academic standardisation under central law and public health decisions taken by States under the Disaster Management Act, 2005. The Supreme Court was required to adjudicate whether the University Grants Commission acted within its statutory mandate under Section 12 of the UGC Act, 1956, whether the impugned guidelines violated Articles 14 and 21 of the Constitution, and whether State decisions cancelling final examinations could override UGC directions. - [Jaipur Vidyut Vitran Nigam Ltd. & Ors. v. Adani Power Rajasthan Limited & Anr., [2020] 12 SCR 301](https://lawfoyer.in/jaipur-vidyut-vitran-nigam-ltd-ors-v-adani-power-rajasthan-limited-anr-2020-12-scr-301/) - The decision in Jaipur Vidyut Vitran Nigam Ltd. & Ors. v. Adani Power Rajasthan Limited & Anr. constitutes an authoritative exposition on the interpretation of “Change in Law” clauses in tariff-based competitive bidding power purchase agreements executed under Section 63 of the Electricity Act, 2003. The Supreme Court examined whether the shortfall and restructuring of domestic coal supply under the New Coal Distribution Policy, 2013 amounted to a compensable change in law when the bid and tariff were premised on domestic coal. - [Mukesh Singh v. State (Narcotic Branch of Delhi), [2020] 9 SCR 245](https://lawfoyer.in/mukesh-singh-v-state-narcotic-branch-of-delhi-2020-9-scr-245/) - The Constitution Bench judgment in Mukesh Singh v. State (Narcotic Branch of Delhi) resolves a long-standing judicial conflict on whether a criminal trial under the Narcotic Drugs and Psychotropic Substances Act, 1985 stands vitiated when the informant/complainant police officer himself conducts the investigation. The reference arose due to divergent judicial opinions, culminating in the decision of Mohan Lal v. State of Punjab (2018), which had held that such a course automatically vitiates the trial. - [Dr. Vijay Mallya v. State Bank of India and Ors., [2020] 13 SCR 658](https://lawfoyer.in/dr-vijay-mallya-v-state-bank-of-india-and-ors-2020-13-scr-658/) - The decision in Dr. Vijay Mallya v. State Bank of India and Others concerns the limited and well-settled scope of the review jurisdiction of the Supreme Court of India, particularly when invoked in proceedings arising out of civil contempt. The review petitions were filed by Dr. Vijay Mallya against the judgment dated 09.05.2017, by which he was held guilty of contempt of court for non-disclosure of assets and violation of restraint orders passed by the High Court of Karnataka. The principal ground urged in review was that the Court had proceeded on an erroneous factual assumption that no reply had been filed by the contemnor to the response of the banks, whereas a reply dated 30.01.2017 was in fact on record. - [In Re: Prashant Bhushan and Anr., [2020] 8 S.C.R. 510](https://lawfoyer.in/in-re-prashant-bhushan-and-anr-2020-8-s-c-r-510/) - The judgment in In Re: Prashant Bhushan and Anr. represents one of the most significant contemporary decisions on the law of criminal contempt of court, particularly in the context of social media speech by members of the legal profession. The Supreme Court was seized of suo motu contempt proceedings arising out of two tweets published by a senior advocate, which were found to scandalize the institution of judiciary and undermine public confidence in the administration of justice. The Court examined the constitutional balance between freedom of speech under Article 19(1)(a) and the inherent contempt jurisdiction of the Supreme Court under Article 129. - [Tamil Nadu Medical Officers Association & Ors. v. Union of India & Ors., [2020] 8 SCR 583](https://lawfoyer.in/tamil-nadu-medical-officers-association-ors-v-union-of-india-ors-2020-8-scr-583/) - The judgment adjudicates the constitutional and statutory competence of State Governments to provide a separate source of admission or reservation for in-service medical officers in postgraduate medical degree courses, vis-à-vis the regulatory framework under the Post Graduate Medical Education Regulations, 2000 framed by the Medical Council of India. - [M/s. L. R. Brothers Indo Flora Ltd. v. Commissioner of Central Excise, [2020] 10 SCR 1043](https://lawfoyer.in/m-s-l-r-brothers-indo-flora-ltd-v-commissioner-of-central-excise-2020-10-scr-1043/) - The judgment addresses the fiscal consequences arising from contravention of Export-Import Policy conditions by a 100% Export Oriented Unit (EOU) engaged in floriculture. The appellant had availed customs duty exemption on imported inputs under Notification No. 126/94-Cus dated 03.06.1994 but effected Domestic Tariff Area (DTA) sales of cut flowers without prior approval of the Development Commissioner and without achieving the prescribed positive Net Foreign Exchange Earnings (NFE) under the EXIM Policy 1997–2002. - [Sarika v. Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain (M.P.) & Ors., [2020] 9 SCR 303](https://lawfoyer.in/sarika-v-administrator-shri-mahakaleshwar-mandir-committee-ujjain-m-p-ors-2020-9-scr-303/) - The present judgment arises from the Supreme Court’s continued supervisory jurisdiction in matters concerning the preservation of religious and cultural heritage, specifically addressing the progressive erosion of the Jyotirlinga at Shri Mahakaleshwar Temple, Ujjain. The case reflects the Court’s constitutional responsibility to balance religious practices, heritage conservation, and scientific preservation. - [Union of India v. Association of Unified Telecom Service Providers of India & Ors., [2019] 16 SCR 672; [2020] 11 SCR 541](https://lawfoyer.in/union-of-india-v-association-of-unified-telecom-service-providers-of-india-2020-11-scr-541/) - The judgment addresses the continuing ramifications of the Supreme Court’s authoritative interpretation of Adjusted Gross Revenue (AGR) under the Indian Telegraph Act, 1885, particularly concerning the enforceability, payment structure, and insolvency-related implications of AGR dues owed by Telecom Service Providers. The Court examined representations made by telecom operators and financial institutions seeking staggered payment of AGR liabilities and considered the broader economic impact on the telecom sector and banking system. - [The Designated Authority & Ors. v. M/s. Andhra Petrochemicals Limited, [2020] 7 SCR 1158](https://lawfoyer.in/the-designated-authority-ors-v-m-s-andhra-petrochemicals-limited-2020-7-scr-1158/) - The judgment delivered by the Supreme Court of India addresses the limits of judicial review over anti-dumping investigations conducted by the Designated Authority under Section 9A of the Customs Tariff Act, 1975 and the Anti-Dumping Rules, 1995. The dispute arose from repeated writ petitions filed by M/s. Andhra Petrochemicals Limited challenging the refusal of the Designated Authority to impose anti-dumping duty on imports of certain alcohols from Saudi Arabia and other countries. The High Court not only interfered with the investigation process but also initiated contempt proceedings and directed replacement of the Designated Authority. - [Shridhar C. Shetty (Deceased) Through LRs v. The Additional Collector and Competent Authority & Ors., [2020] 6 S.C.R. 1002](https://lawfoyer.in/shridhar-c-shetty-deceased-through-lrs-v-the-additional-collector-and-competent-authority-ors-2020-6-s-c-r-1002/) - The judgment in Shridhar C. Shetty (Deceased) Through LRs v. The Additional Collector and Competent Authority & Ors. examines the scope and limits of statutory power exercised by authorities under the Urban Land (Ceiling and Regulation) Act, 1976. The dispute arose from the failure of the landholder to comply with the conditions attached to an exemption granted under Sections 20 and 21 of the Act, specifically the obligation to surrender a stipulated number of residential tenements to Government nominees. Upon breach, instead of withdrawing the exemption as statutorily envisaged, the competent authority issued a demand for recovery of the market value of seven tenements along with interest and penalties, treating the amount as arrears of land revenue. - [M/s Bandekar Brothers Pvt. Ltd. & Anr. v. Prasad Vassudev Keni & Ors., [2020] 10 SCR 1075](https://lawfoyer.in/m-s-bandekar-brothers-pvt-ltd-anr-v-prasad-vassudev-keni-ors-2020-10-scr-1075/) - The decision in M/s Bandekar Brothers Pvt. Ltd. & Anr. v. Prasad Vassudev Keni constitutes a definitive exposition on the scope and mandatory nature of Section 195 read with Section 340 of the Code of Criminal Procedure, 1973 in cases alleging false evidence and fabrication of evidence under Sections 191 and 192 of the Indian Penal Code, 1860. The Supreme Court was confronted with the recurring misuse of private complaints to bypass the statutory safeguards embedded in Section 195 CrPC, particularly where allegations relate to acts committed in or in relation to judicial proceedings. The Court undertook a meticulous doctrinal distinction between offences under Section 195(1)(b)(i) and Section 195(1)(b)(ii) CrPC, clarifying that the latter applies exclusively to cases of forgery of documents while in custodia legis, whereas the former governs offences affecting the administration of justice itself. - [Ilangovan v. State of Tamil Nadu, [2020] 6 SCR 1132](https://lawfoyer.in/ilangovan-v-state-of-tamil-nadu-2020-6-scr-1132/) - The judgment examines the criminal liability of an accused convicted for causing death during a sudden altercation arising out of prior enmity between two families. The Supreme Court was called upon to determine whether the High Court correctly modified the conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC by invoking Exception 4 to Section 300 IPC. - [The Karad Urban Cooperative Bank Ltd. v. Swapnil Bhingardevay & Ors., [2020] 13 S.C.R. 465](https://lawfoyer.in/the-karad-urban-cooperative-bank-ltd-v-swapnil-bhingardevay-ors-2020-13-s-c-r-465/) - The present judgment examines the scope of judicial interference with the commercial wisdom exercised by the Committee of Creditors under the Insolvency and Bankruptcy Code, 2016. The Supreme Court was called upon to decide whether the National Company Law Appellate Tribunal exceeded its jurisdiction by setting aside an approved resolution plan on grounds of alleged lack of viability, breach of confidentiality, defective advertisement, and non-consideration of disputed assets. - [LEX CARNIVAL 2026 (5th Amity Law Fest – Juris Trek) | Organized by Amity Law School, Amity University Uttar Pradesh, Lucknow Campus | Register by 31st January 2026](https://lawfoyer.in/lex-carnival-2026-5th-amity-law-fest-juris-trek-organized-by-amity-law-school-amity-university-uttar-pradesh-lucknow-campus-register-by-31st-january-2026/) - LEX CARNIVAL 2026 (5th Amity Law Fest – Juris Trek) | Organized by Amity Law School, Amity University Uttar Pradesh, Lucknow Campus | Register by 31st January 2026 - [3rd ALL INDIA IILM MOOT COURT COMPETITION | Organized by School of Law, IILM University, Greater Noida | Register by 14th March 2026](https://lawfoyer.in/3rd-all-india-iilm-moot-court-competition-oragnized-by-school-of-law-iilm-university-greater-noida-register-by-14th-march-2026/) - 3rd ALL INDIA IILM MOOT COURT COMPETITION | Oragnized by School of Law, IILM University, Greater Noida | Register by 14th March 2026 - [CALL FOR PAPERS: Two-Day International Conference on “Law, Rights & Indigenous Futures” (Online) | Organized by Hidayatullah National Law University (HNLU), Raipur | Submit Abstract by 15th February 2026](https://lawfoyer.in/call-for-papers-two-day-international-conference-on-law-rights-indigenous-futures-online-organized-by-hidayatullah-national-law-university-hnlu-raipur-submit-abstract-by/) - CALL FOR PAPERS: Two-Day International Conference on “Law, Rights & Indigenous Futures” (Online) | Organized by Hidayatullah National Law University (HNLU), Raipur | Submit Abstract by 15th February 2026 - [Essay Writing Competition | Organized by The Cyber Blog India | Register by 10 February 2026](https://lawfoyer.in/essay-writing-competition-organized-by-the-cyber-blog-india-register-by-10-february-2026/) - ESSAY WRITING COMPETITION | Organized by The Cyber Blog India | Register by 10 February 2026 - [R. Poornima and Ors. v. Union of India and Ors., [2020] 8 SCR 89](https://lawfoyer.in/r-poornima-and-ors-v-union-of-india-and-ors-2020-8-scr-89/) - The judgment in R. Poornima and Others v. Union of India and Others resolves a constitutional challenge concerning the interpretation of Article 217(2) of the Constitution of India, particularly Explanation (a) and (aa), governing eligibility for appointment as Judges of a High Court. The petitioners, directly recruited District Judges of the Tamil Nadu State Judicial Service, asserted that their prior experience at the Bar should be clubbed with their subsequent judicial service to satisfy the mandatory ten-year eligibility requirement for elevation to the High Court. Despite being senior in the District Judge cadre, they were excluded from consideration as they had not completed ten years of judicial service on the relevant date. The petitioners alleged discrimination under Article 14 and argued that the constitutional scheme permits cumulative reckoning of experience regardless of sequence. - [The New India Assurance Company Limited v. Smt. Somwati and Others, [2020] 10 SCR 1132](https://lawfoyer.in/the-new-india-assurance-company-limited-v-smt-somwati-and-others-2020-10-scr-1132/) - The present judgment delivered by the Supreme Court of India resolves a recurring conflict in motor accident compensation jurisprudence concerning the scope and limits of non-pecuniary damages under conventional heads. The core controversy pertained to whether compensation could be simultaneously awarded under the heads of loss of consortium and loss of love and affection, and whether the concept of consortium was confined exclusively to spousal relationships. The appeals were instituted by multiple insurance companies challenging the legality of High Court judgments which had granted compensation to each claimant under both heads. The Supreme Court undertook a doctrinal examination of earlier precedents, including the Constitution Bench ruling in National Insurance Company Ltd. v. Pranay Sethi, and subsequent clarificatory judgments. - [M/s Bangalore Club v. Commissioner of Wealth Tax & Anr., [2020] 13 S.C.R. 488](https://lawfoyer.in/m-s-bangalore-club-v-commissioner-of-wealth-tax-anr-2020-13-s-c-r-488/) - The judgment examines the scope and applicability of Section 21AA of the Wealth Tax Act, 1957 in determining whether a social members’ club, namely M/s Bangalore Club, can be subjected to wealth tax as an association of persons. The controversy arose from assessment years 1981–82 and 1984–85 to 1990–91, where the revenue authorities treated the Club as a taxable association holding assets with indeterminate shares. The Supreme Court undertook an extensive interpretative exercise to determine the legislative intent behind Section 21AA, emphasizing that the provision was enacted as an anti-avoidance measure and not as an expansion of the charging section under Section 3. - [Shreyas Sinha v. The West Bengal National University of Juridical Sciences & Ors., [2020] 9 S.C.R. 869](https://lawfoyer.in/shreyas-sinha-v-the-west-bengal-national-university-of-juridical-sciences-ors-2020-9-s-c-r-869/) - The Supreme Court examined whether the National University of Juridical Sciences (Amendment) Act, 2018, which introduced mandatory reservation of at least thirty percent seats for candidates domiciled in West Bengal, could be applied to an ongoing admission process for the academic session 2019–2020 conducted through Common Law Admission Test (CLAT). The appellant, having participated in CLAT after the amendment came into force, claimed entitlement to domicile reservation for the same academic year. The University declined such benefit, contending that the admission process had commenced prior to the amendment and that applying the new reservation would disturb the settled selection framework. - [Stalin v. State represented by the Inspector of Police, [2020] 7 S.C.R. 283](https://lawfoyer.in/stalin-v-state-represented-by-the-inspector-of-police-2020-7-s-c-r-283/) - The judgment addresses the recurring doctrinal issue in Indian criminal law concerning whether a conviction for murder under Section 302 of the Indian Penal Code, 1860 can be sustained when the death of the victim results from a single injury. The Supreme Court revisits and clarifies the legal position that no rigid or mechanical rule exists excluding murder liability merely because only one blow was inflicted. The determination must depend on the cumulative assessment of attendant circumstances, including the nature of the weapon, the part of the body targeted, the force applied, and the contextual sequence of events preceding the act. - [Rajasthan State Road Transport Corporation & Ors. v. Goverdhan Lal Soni & Anr., [2020] 10 SCR 238](https://lawfoyer.in/rajasthan-state-road-transport-corporation-ors-v-goverdhan-lal-soni-anr-2020-10-scr-238/) - The judgment examines the legal entitlement of surplus employees absorbed from a defunct State Public Enterprise into another State Corporation to receive pensionary benefits under the absorbing organisation’s pension regulations. The dispute arose after employees of the Rajasthan State Agro Industries Corporation Limited, which followed only a Contributory Provident Fund scheme, were absorbed into the Rajasthan State Road Transport Corporation, which was governed by the Rajasthan State Road Transport Corporation Employees’ Pension Regulations, 1989. - [Rizwan Khan v. State of Chhattisgarh, [2020] 7 SCR 546](https://lawfoyer.in/rizwan-khan-v-state-of-chhattisgarh-2020-7-scr-546/) - The judgment in Rizwan Khan v. State of Chhattisgarh examines critical procedural and evidentiary dimensions under the Narcotic Drugs and Psychotropic Substances Act, 1985, particularly concerning recovery, proof of possession, and reliance on police testimony in the absence of independent witnesses. The appellant challenged his conviction under Section 20(b)(ii)(B) of the NDPS Act on multiple grounds including alleged non-compliance with Sections 42, 50, and 55, discrepancies in sample marking, non-examination of independent witnesses, and failure to establish ownership and recovery of the vehicle from which contraband was seized. - [Pravin Kumar v. Union of India & Ors., [2020] 7 SCR 1078](https://lawfoyer.in/pravin-kumar-v-union-of-india-ors-2020-7-scr-1078/) - The judgment in Pravin Kumar v. Union of India & Ors. examines the contours of judicial review in disciplinary proceedings involving members of an armed force of the Union, particularly in cases alleging corruption, fabrication of official records, and intimidation of subordinates. The appellant, a Sub-Inspector in the Central Industrial Security Force, challenged his dismissal from service arising out of a departmental enquiry conducted under the CISF Rules, 1969. The enquiry followed recovery of unaccounted cash from a subordinate constable, which ultimately revealed a structured mechanism of illegal collection of bribes from contractors operating within the Bharat Petroleum Corporation Limited refinery premises. - [National Co-operative Development Corporation v. Commissioner of Income Tax, Delhi-V, [2020] 13 SCR 517](https://lawfoyer.in/national-co-operative-development-corporation-v-commissioner-of-income-tax-delhi-v-2020-13-scr-517/) - The judgment examines the deductibility of non-refundable grants disbursed by a statutory corporation from interest income earned on temporarily parked government funds, within the framework of the Income Tax Act, 1961 and the National Cooperative Development Corporation Act, 1962. The controversy arose from the Revenue’s disallowance of deduction claimed by the National Co-operative Development Corporation for grants released to cooperative societies, contending that such outgo constituted capital expenditure or mere application of income. - [,Jeet Ram v. The Narcotics Control Bureau, Chandigarh, [2020] 7 SCR 558](https://lawfoyer.in/jeet-ram-v-the-narcotics-control-bureau-chandigarh-2020-7-scr-558/) - The Supreme Court in Jeet Ram v. Narcotics Control Bureau, Chandigarh examined the legality of the High Court’s interference with an order of acquittal passed by the Sessions Court under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court had acquitted the accused on grounds of alleged non-compliance with Section 50 of the NDPS Act, absence of independent witnesses, doubts regarding conscious possession, and apprehension of sample tampering. The High Court reversed the acquittal, convicted the accused, and imposed a sentence of fifteen years’ rigorous imprisonment. - [Abhilasha v. Parkash & Ors., [2020] 11 S.C.R. 244](https://lawfoyer.in/abhilasha-v-parkash-ors-2020-11-s-c-r-244/) - The judgment in Abhilasha v. Parkash & Ors. authoritatively settles the legal position concerning the entitlement of an unmarried Hindu daughter to claim maintenance from her father after attaining majority. The Supreme Court undertook a detailed examination of Section 125 of the Code of Criminal Procedure, 1973 and Section 20 of the Hindu Adoptions and Maintenance Act, 1956, and clarified the distinct scope, nature, and jurisdictional limits of these two provisions. The Court held that Section 125 Cr.P.C. provides a summary and immediate remedy confined to minor children, with an exception only in cases where a major child suffers from physical or mental abnormality or injury rendering her unable to maintain herself. In contrast, Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 recognises a broader and substantive personal law right of an unmarried Hindu daughter to seek maintenance till marriage, subject to proof of inability to maintain herself. - [Jugut Ram v. State of Chhattisgarh, [2020] 6 SCR 1140](https://lawfoyer.in/jugut-ram-v-state-of-chhattisgarh-2020-6-scr-1140/) - The judgment in Jugut Ram v. State of Chhattisgarh examines the fine doctrinal distinction between murder and culpable homicide not amounting to murder in the context of a village altercation arising out of a land dispute. The Supreme Court was called upon to determine whether an assault with a lathi on the head, resulting in death on the following day, disclosed the intention necessary for conviction under Section 302 IPC or merely knowledge sufficient to attract Section 304 Part II IPC. The Courts below had convicted the appellant for murder, despite concurrent findings that the incident was not premeditated and occurred in the heat of passion. - [Balasore Alloys Limited v. Medima LLC, [2020] 6 S.C.R. 1036](https://lawfoyer.in/balasore-alloys-limited-v-medima-llc-2020-6-s-c-r-1036/) - The judgment addresses the legal complexity arising from the coexistence of multiple arbitration clauses contained in distinct contractual instruments governing a single commercial transaction. The dispute originated between Balasore Alloys Limited, a manufacturer of High Carbon Ferro Chrome, and Medima LLC, its overseas distributor, following disagreements concerning pricing mechanisms, deductions, and payment reconciliation under a series of purchase orders and a subsequent long-term agreement. The petitioner sought appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 by relying on arbitration clauses embedded in 37 individual purchase orders. The respondent resisted this attempt by asserting that the overarching contractual relationship was governed by an “Umbrella Agreement” dated 31.03.2018, which contained a distinct arbitration clause referring disputes to ICC arbitration seated in London. - [Neetu Kumar Nagaich v. State of Rajasthan & Others, [2020] 6 SCR 1015](https://lawfoyer.in/neetu-kumar-nagaich-v-state-of-rajasthan-others-2020-6-scr-1015/) - The judgment addresses the constitutional scope of judicial intervention in criminal investigations where the process itself stands compromised. The Supreme Court was confronted with a prolonged, inconsistent, and demonstrably deficient investigation into the homicidal death of a young law student. The State Police, despite overwhelming circumstantial indicators of homicide, attempted to portray the death as accidental or suicidal for nearly three years. The belated registration of the FIR under Section 302 IPC, failure to secure the crime scene, non-examination of critical witnesses, and disregard for technological evidence such as CCTV footage, mobile location data, and digital trails collectively undermined the credibility of the investigation. - [Government of India v. Vedanta Limited (formerly Cairn India Ltd.) & Ors., [2020] 12 SCR 1](https://lawfoyer.in/government-of-india-v-vedanta-limited-formerly-cairn-india-ltd-ors-2020-12-scr-1/) - The judgment examines the legal framework governing enforcement of foreign arbitral awards in India under Part II, Chapter I of the Arbitration and Conciliation Act, 1996. The Supreme Court authoritatively settles the issue of limitation applicable to enforcement of foreign awards, holding that Article 137 of the Limitation Act, 1963 governs applications filed under Sections 47 and 49 of the 1996 Act. The Court clarifies that foreign awards are not decrees of Indian civil courts and only become deemed decrees upon recognition by the enforcing court. The decision also elaborates the conceptual distinction between supervisory jurisdiction of seat courts and secondary jurisdiction of enforcement courts. It reiterates the limited scope of judicial intervention at the enforcement stage and rejects any review on merits under the guise of public policy. - [Iti Gupta Shines as Gold Medalist in BA LLB at Vivekananda Global University](https://lawfoyer.in/iti-gupta-shines-as-gold-medalist-in-ba-llb-at-vivekananda-global-university/) - Academic excellence is never accidental. It is the result of dedication, discipline, and an unwavering commitment to growth. At LawFoyer’s Achievers’ Archive, we take immense pride in celebrating such stories that inspire countless young legal minds. One such remarkable achievement is that of Ms. Iti Gupta, who has been awarded the Gold Medal in BA - [Yash Sharma, Aseem Simlote & Muskan’s Remarkable Four-Peat Victory in Intra-College Moot Court Competitions Reflects Consistency, Skill, and Legal Excellence](https://lawfoyer.in/yash-sharmas-remarkable-four-peat-victory-in-intra-college-moot-court-competitions-reflects-consistency-skill-and-legal-excellence/) - Achievements in law are not built overnight. They are the result of consistent effort, disciplined preparation, and a genuine passion for learning and advocacy. One such inspiring journey is that of Yash Sharma, Aseem Simlote & Muskan, final-year B.A. LL.B. students from S.S. Jain Subodh Law College, Jaipur, whose repeated success in moot court competitions - [Trustees of H.C. Dhanda Trust v. State of Madhya Pradesh & Ors., [2020] 11 SCR 268](https://lawfoyer.in/trustees-of-h-c-dhanda-trust-v-state-of-madhya-pradesh-ors-2020-11-scr-268/) - The judgment addresses the scope and limits of discretionary power vested in the Collector of Stamps under Section 40(1)(b) of the Indian Stamp Act, 1899, particularly concerning the imposition of penalty up to ten times the deficient stamp duty. The dispute arose from the execution of a Deed of Assent by trustees of a private trust in favour of beneficiaries pursuant to a testamentary trust. The revenue authorities classified the instrument as a gift deed, determined substantial deficit stamp duty, and imposed the maximum statutory penalty of ten times the deficiency. The orders of the Collector and the Board of Revenue were upheld by the High Court. - [Pappu Deo Yadav v. Naresh Kumar and Others, [2020] 7 SCR 968](https://lawfoyer.in/pappu-deo-yadav-v-naresh-kumar-and-others-2020-7-scr-968/) - The decision in Pappu Deo Yadav v. Naresh Kumar and Others is a significant pronouncement on the assessment of compensation for permanent disability under the Motor Vehicles Act, 1988. The Supreme Court revisited the rigid and mechanical approach often adopted by tribunals and High Courts while evaluating loss of earning capacity in cases involving grievous injuries. The appellant, a young data entry operator/typist, suffered amputation of his right upper limb, resulting in 89% permanent disability as medically certified. - [M/s. MSD Real Estate LLP v. The Collector of Stamps & Anr., [2020] 6 SCR 1027](https://lawfoyer.in/m-s-msd-real-estate-llp-v-the-collector-of-stamps-anr-2020-6-scr-1027/) - The present judgment examines the liability of a subsequent purchaser to discharge outstanding stamp duty penalties attached to immovable property, and the legality of recovery proceedings initiated by revenue authorities when such penalties remain unpaid. The Supreme Court considered whether the acceptance of post-dated cheques towards penalty amounts could be treated as valid compliance under stamp law, and whether municipal authorities were justified in denying building permission on account of unpaid statutory dues. - [B. Santoshamma & Anr. v. D. Sarala & Anr., [2020] 11 S.C.R. 1](https://lawfoyer.in/b-santoshamma-anr-v-d-sarala-anr-2020-11-s-c-r-1/) - The judgment examines the contours of specific performance of contracts relating to immovable property, particularly where the vendor creates third-party interests after executing an agreement for sale. The dispute arose from an agreement dated 21 March 1984 for sale of 300 square yards of land for a total consideration of Rs. 75,000, out of which a substantial portion had already been paid. Subsequently, the vendor executed a registered sale deed in favour of a third party for 100 square yards of the same land. The vendee sought specific performance of the agreement. - [Sagufta Ahmed & Ors. v. Upper Assam Plywood Products Pvt. Ltd. & Ors., [2020] 9 SCR 472](https://lawfoyer.in/sagufta-ahmed-ors-v-upper-assam-plywood-products-pvt-ltd-ors-2020-9-scr-472/) - The Supreme Court in Sagufta Ahmed & Ors. v. Upper Assam Plywood Products Pvt. Ltd. & Ors. examined the statutory contours of limitation under Section 421(3) of the Companies Act, 2013 and clarified the legal distinction between “period of limitation” and “period up to which delay may be condoned”. The appellants challenged the order of the National Company Law Appellate Tribunal dismissing their appeal as time-barred and refusing condonation of delay beyond the statutorily permissible period. The central issue concerned whether the benefit of the Supreme Court’s suo motu order dated 23.03.2020, extending limitation due to the COVID-19 pandemic, could enlarge the maximum condonable period prescribed under a special statute. - [Rakesh Kumar Agarwalla & Anr. v. National Law School of India University, Bengaluru & Ors., [2020] 10 SCR 299](https://lawfoyer.in/rakesh-kumar-agarwalla-anr-v-national-law-school-of-india-university-bengaluru-ors-2020-10-scr-299/) - The judgment examines the legality of a unilateral decision taken by National Law School of India University, Bengaluru to conduct a separate entrance examination named National Law Aptitude Test (NLAT) for admissions to its five-year integrated B.A. LL.B. (Hons.) programme for the academic year 2020–2021. The decision was taken during the COVID-19 pandemic, citing delay in the Common Law Admission Test (CLAT) conducted by the Consortium of National Law Universities. - [,National Alliance for People’s Movements & Ors. v. State of Maharashtra & Ors., [2020] 8 SCR 997](https://lawfoyer.in/national-alliance-for-peoples-movements-ors-v-state-of-maharashtra-ors-2020-8-scr-997/) - The judgment in National Alliance for People’s Movements & Ors. v. State of Maharashtra & Ors. examines the constitutional validity of the classification adopted by the High Powered Committee constituted pursuant to the directions of the Supreme Court for decongestion of prisons during the Covid-19 pandemic. The case arose from a public interest challenge to the guidelines framed by the High Powered Committee of Maharashtra, which excluded certain categories of prisoners, particularly those charged under special statutes and those convicted of offences punishable above seven years, from the benefit of interim bail or parole. The petitioners contended that such categorisation was discriminatory and violative of Article 14 of the Constitution of India. - [State of Kerala & Anr. v. M/s RDS Project Limited & Ors., [2020] 6 S.C.R. 837](https://lawfoyer.in/state-of-kerala-anr-v-m-s-rds-project-limited-ors-2020-6-s-c-r-837/) - The judgment examines the limits of judicial review under Article 226 in matters involving technical and administrative decision-making based on expert opinion. The Supreme Court was called upon to determine whether the High Court of Kerala exceeded its jurisdiction by directing a load test on the Palarivattom Flyover despite the State Government having accepted the recommendation of a High-Level Expert Committee. The flyover, constructed on a National Highway and inaugurated in 2016, developed structural cracks within a year. Divergent expert opinions emerged. IIT Madras recommended rehabilitation using carbon fibre composite treatment, while Dr. E. Sreedharan proposed demolition and reconstruction with a guarantee of a 100-year service life. - [Union of India & Ors. v. M/s G.S. Chatha Rice Mills & Anr., [2020] 14 SCR 571](https://lawfoyer.in/union-of-india-ors-v-m-s-g-s-chatha-rice-mills-anr-2020-14-scr-571/) - The judgment examines the legal effect and enforceability of an electronically published customs notification enhancing import duty under Section 8A of the Customs Tariff Act, 1975. The Supreme Court was called upon to determine whether Notification No. 5/2019, enhancing customs duty to 200% on goods originating from Pakistan, could be applied to import consignments for which bills of entry had already been electronically filed and self-assessed prior to the time of publication of the notification on the e-Gazette. - [Sri Nilanjan Bhattacharya v. State of Karnataka and Others, [2020] 14 SCR 445](https://lawfoyer.in/sri-nilanjan-bhattacharya-v-state-of-karnataka-and-others-2020-14-scr-445/) - The judgment concerns the exercise of parens patriae jurisdiction by the Supreme Court of India in an international child custody dispute arising from a petition for habeas corpus. The appellant-father sought repatriation of his minor son, a US citizen by birth, from India to the United States after the respondent-mother unilaterally decided not to return to the US following a temporary visit to India. The Karnataka High Court allowed repatriation but imposed conditional restrictions linked to the COVID-19 pandemic, requiring certificates from Indian and US authorities. The Supreme Court examined not only the validity of those conditions but also reassessed the entire custodial arrangement in light of the welfare of the child. - [Beli Ram v. Rajinder Kumar & Anr., [2020] 11 SCR 31](https://lawfoyer.in/beli-ram-v-rajinder-kumar-anr-2020-11-scr-31/) - The decision in Beli Ram v. Rajinder Kumar & Anr. addresses a recurring and unsettled question at the intersection of motor vehicle insurance law and workmen’s compensation jurisprudence, namely whether an employer can escape liability when a workman-driver suffers injury while driving with an expired but otherwise genuine driving licence. The Supreme Court examined the scope of employer diligence under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988 and the employer’s statutory obligation under the Workmen’s Compensation Act, 1923. The Court clarified that the duty of an employer does not end at initial verification of a driving licence but extends to ensuring its continued validity. - [Anwar Ali and Another v. State of Himachal Pradesh, [2020] 9 S.C.R. 878](https://lawfoyer.in/anwar-ali-and-another-v-state-of-himachal-pradesh-2020-9-s-c-r-878/) - The judgment in Anwar Ali and Another v. State of Himachal Pradesh constitutes a significant reaffirmation of settled principles governing appeals against acquittal, particularly in cases founded entirely on circumstantial evidence. The Supreme Court was seized of a challenge to the reversal of acquittal by the High Court, where the trial court had acquitted the accused after finding serious infirmities in the prosecution’s case. The prosecution alleged that the accused had committed murder, robbery, cheating and destruction of evidence, and relied exclusively on circumstantial links such as recoveries, disclosure statements and alleged conduct of the accused. - [Maheshwar Tigga v. State of Jharkhand, [2020] 9 S.C.R. 482](https://lawfoyer.in/maheshwar-tigga-v-state-of-jharkhand-2020-9-s-c-r-482/) - The decision in Maheshwar Tigga v. State of Jharkhand constitutes a significant judicial exposition on the contours of consent, misconception of fact, and promise of marriage under Sections 375 and 90 of the Indian Penal Code, 1860, while simultaneously reinforcing the procedural sanctity of Section 313 of the Code of Criminal Procedure, 1973. The Supreme Court was confronted with a prosecution narrative alleging rape on the pretext of marriage spanning over four years, initiated by a complaint lodged shortly before the accused’s marriage to another woman. The Court undertook a meticulous scrutiny of evidentiary inconsistencies, particularly relating to the age of the prosecutrix, the delay in lodging the FIR, and the nature of the interpersonal relationship between the parties. - [State of Madhya Pradesh & Ors. v. Amit Shrivas, [2020] 11 SCR 46](https://lawfoyer.in/state-of-madhya-pradesh-ors-v-amit-shrivas-2020-11-scr-46/) - The judgment examines the legal contours of compassionate appointment in the context of work-charged and contingency-paid employees under the service jurisprudence of Madhya Pradesh. The Supreme Court was called upon to determine whether the dependent of a deceased employee, who had attained the status of a permanent employee under the Madhya Pradesh (Work Charged and Contingency Paid Employees) Pension Rules, 1979, could be treated as a regular government servant for the purpose of compassionate appointment. - [Subed Ali and Others v. State of Assam, [2020] 8 SCR 731](https://lawfoyer.in/subed-ali-and-others-v-state-of-assam-2020-8-scr-731/) - The decision in Subed Ali and Others v. State of Assam authoritatively revisits the doctrinal contours of common intention under Section 34 of the Indian Penal Code, 1860, particularly in situations where one accused has not inflicted any overt physical injury. The Supreme Court examined whether the conviction of the appellants under Section 302 read with Section 34 IPC could be sustained when two co-accused had already been acquitted on the benefit of doubt on the same evidentiary record. The Court undertook a meticulous appraisal of eyewitness testimony, medical evidence, and surrounding circumstances to assess the existence of a shared mental element among the accused. - [Satish @ Sabbe v. State of Uttar Pradesh, [2020] 9 SCR 21](https://lawfoyer.in/satish-sabbe-v-state-of-uttar-pradesh-2020-9-scr-21/) - The judgment in Satish @ Sabbe v. State of Uttar Pradesh is a significant reaffirmation of reformative penology within Indian criminal jurisprudence. The Supreme Court was called upon to examine the legality of repeated executive refusals to grant premature release on probation to life convicts despite long incarceration, clean antecedents, and satisfactory prison conduct. The Court scrutinised the manner in which the State authorities exercised discretion under Section 2 of the Uttar Pradesh Prisoners Release on Probation Act, 1938 and found a consistent pattern of mechanical rejection grounded in extraneous considerations such as the gravity of offence, age of prisoners, and speculative apprehensions of victims. - [M/s. Magma Fincorp Ltd. v. Rajesh Kumar Tiwari, [2020] 11 SCR 59](https://lawfoyer.in/m-s-magma-fincorp-ltd-v-rajesh-kumar-tiwari-2020-11-scr-59/) - The judgment examines the legal character of a hire-purchase agreement and the scope of consumer protection remedies in disputes arising from repossession of financed vehicles. The Supreme Court clarified that under a hire-purchase arrangement, ownership of the vehicle remains with the financier until all instalments are paid and the option to purchase is exercised. The Court decisively held that repossession of a vehicle by the financier upon default, when carried out in accordance with the contractual terms, does not amount to deficiency in service or unfair trade practice under the Consumer Protection Act, 1986. - [Parvez Noordin Lokhandwalla v. State of Maharashtra & Anr., [2020] 11 SCR 117](https://lawfoyer.in/parvez-noordin-lokhandwalla-v-state-of-maharashtra-anr-2020-11-scr-117/) - The judgment examines the constitutional and procedural limits on judicial discretion while imposing conditions of bail, particularly where such conditions interfere with the fundamental right to travel abroad. The appeal arose from an order of the Bombay High Court refusing to relax interim bail conditions to allow the appellant, an Indian citizen and long-term US resident, to travel abroad for revalidation of his Green Card. The appellant was facing criminal proceedings arising from allegations of forgery under the Indian Penal Code, 1860, based on a private complaint filed in 2014. - [Gujarat Mazdoor Sabha & Anr. v. State of Gujarat, [2020] 13 SCR 886](https://lawfoyer.in/gujarat-mazdoor-sabha-anr-v-state-of-gujarat-2020-13-scr-886/) - The judgment in Gujarat Mazdoor Sabha & Anr. v. State of Gujarat examines the constitutional and statutory limits of emergency powers exercised by a State Government under Section 5 of the Factories Act, 1948. The Supreme Court was called upon to scrutinize the legality of two notifications issued by the State of Gujarat during the COVID-19 pandemic, which exempted all registered factories from compliance with statutory safeguards relating to working hours, rest intervals, and overtime wages. The core controversy revolved around whether the economic downturn caused by the pandemic constituted a “public emergency” within the meaning of Section 5, justifying a blanket suspension of labour welfare protections. - [Pravasi Legal Cell & Ors. v. Union of India & Ors., [2020] 12 S.C.R. 102](https://lawfoyer.in/pravasi-legal-cell-ors-v-union-of-india-ors-2020-12-s-c-r-102/) - The judgment in Pravasi Legal Cell & Ors. v. Union of India & Ors. addresses the legality of airline refund practices during the unprecedented nationwide lockdown imposed due to the COVID-19 pandemic. Multiple public interest litigations were instituted under Article 32 of the Constitution of India challenging the refusal of domestic and international airlines to provide cash refunds for cancelled flights, instead offering credit shells. The petitioners contended that such practices violated the binding Civil Aviation Requirements (CAR) framed under the Aircraft Act, 1934 and Aircraft Rules, 1937. - [Gurcharan Singh v. State of Punjab, [2020] 8 SCR 741](https://lawfoyer.in/gurcharan-singh-v-state-of-punjab-2020-8-scr-741/) - The Supreme Court of India in Gurcharan Singh v. State of Punjab examined the scope and evidentiary threshold required for sustaining a conviction for abetment of suicide under Section 306 of the Indian Penal Code, 1860, read with Section 107 IPC. The case arose from the suicide of a young married woman, Shinder Kaur, who left behind two minor children. The Trial Court acquitted the accused husband and his parents of charges under Sections 304B and 498A IPC but nevertheless convicted the husband under Section 306 IPC, despite no charge being framed for abetment. The High Court affirmed this conviction primarily on conjectural reasoning that a woman with two small children would not ordinarily commit suicide unless compelled by adverse matrimonial circumstances. - [T. K. David v. Kuruppampady Service Co-operative Bank Ltd. & Ors. [2020] 13 SCR 663](https://lawfoyer.in/t-k-david-v-kuruppampady-service-co-operative-bank-ltd-ors-2020-13-scr-663/) - The judgment in T. K. David v. Kuruppampady Service Co-operative Bank Ltd. & Ors. authoritatively settles the question of maintainability of a Special Leave Petition under Article 136 of the Constitution when filed solely against an order rejecting a review petition, after the dismissal of an earlier SLP against the main judgment. The Supreme Court reaffirmed the doctrine of finality of litigation and clarified the contours of the doctrine of merger in the context of review proceedings. - [Amit Sahni v. Commissioner of Police & Ors., [2020] 12 SCR 151](https://lawfoyer.in/amit-sahni-v-commissioner-of-police-ors-2020-12-scr-151/) - The judgment in Amit Sahni v. Commissioner of Police & Ors. addresses the constitutional contours of the right to protest under Articles 19(1)(a) and 19(1)(b) of the Constitution of India in the context of prolonged public road blockades during protests against the Citizenship (Amendment) Act, 2019. The dispute arose from the indefinite occupation of the Kalindi Kunj–Shaheen Bagh stretch in Delhi, which resulted in severe disruption of public movement and civic life. The Supreme Court was called upon to balance the fundamental right to peaceful dissent with competing public rights, particularly the right of commuters to free movement. - [Commissioner of Police and Another v. Umesh Kumar [2020] 11 S.C.R. 583](https://lawfoyer.in/commissioner-of-police-and-another-v-umesh-kumar-2020-11-s-c-r-583/) - The judgment examines the scope of vested rights in public employment and the limits of judicial intervention in recruitment processes when results are revised prior to appointment. The Supreme Court addressed whether candidates whose names appeared in a provisional select list, and who had completed medical and character verification, could claim an enforceable right to appointment after being excluded in a subsequently revised merit list. The controversy arose from a recruitment process initiated in 2013 for the post of Constable (Executive) – Male in the Delhi Police, which witnessed multiple cancellations, revisions, and re-evaluations owing to administrative lapses, including failure to award bonus marks for height and errors in answer keys. - [Satya Deo @ Bhoorey v. State of Uttar Pradesh[2020] 12 S.C.R. 128](https://lawfoyer.in/satya-deo-bhoorey-v-state-of-uttar-pradesh2020-12-s-c-r-128/) - The present judgment examines the retrospective and continuing applicability of the Juvenile Justice (Care and Protection of Children) Act, 2000 to criminal proceedings that arose prior to its enforcement, where the accused was below eighteen years of age on the date of commission of the offence. The Supreme Court was called upon to decide whether the appellant, convicted for murder under Section 302 read with Section 34 of the Indian Penal Code, 1860, could claim the benefit of juvenility at the appellate stage, despite the offence having been committed in 1981 and despite the appellant having crossed the age threshold under the Juvenile Justice Act, 1986. - [Ankita Kailash Khandelwal and Ors. v. State of Maharashtra and Ors. [2020] 8 S.C.R. 1007](https://lawfoyer.in/ankita-kailash-khandelwal-and-ors-v-state-of-maharashtra-and-ors-2020-8-s-c-r-1007/) - The judgment examines the legality of continued academic exclusion of postgraduate medical students arising from bail conditions imposed during pendency of a criminal prosecution. The appellants, three postgraduate residents in M.D. Gynaecology and Obstetrics, were implicated in a criminal case involving allegations of ragging and abetment to suicide following the death of a junior resident. Though bail was granted by the High Court, stringent conditions effectively barred the appellants from entering their college and hospital, thereby preventing continuation of their medical education and residency training. - [Miss ‘A’ v. State of Uttar Pradesh and Another, [2020] 11 SCR 515](https://lawfoyer.in/miss-a-v-state-of-uttar-pradesh-and-another-2020-11-scr-515/) - The judgment in Miss ‘A’ v. State of Uttar Pradesh and Another authoritatively settles the procedural law governing the right of an accused to obtain a copy of a victim’s statement recorded under Section 164 of the Code of Criminal Procedure, 1973. The Supreme Court examined whether an accused is entitled to such a copy immediately upon filing of the charge-sheet or only after the court takes cognizance and reaches the statutory stage contemplated under Sections 207 and 208 CrPC. The case arose from allegations of sexual exploitation involving a powerful accused, triggering suo motu intervention by the Supreme Court and the constitution of a Special Investigation Team. - [Karulal & Ors. v. State of Madhya Pradesh, [2020] 9 SCR 494](https://lawfoyer.in/karulal-ors-v-state-of-madhya-pradesh-2020-9-scr-494/) - The judgment in Karulal & Ors. v. State of Madhya Pradesh represents a reaffirmation of settled principles governing appreciation of evidence in criminal trials, particularly concerning related witnesses, hostile witnesses, and the plea of false implication due to prior enmity. The Supreme Court examined whether conviction under Sections 148 and 302 read with Section 149 of the Indian Penal Code, 1860 could be sustained when the prosecution case substantially rested upon the testimony of three eyewitnesses, two of whom were closely related to the deceased, while several other witnesses had turned hostile. - [Ashish Seth v. Sumit Mittal and Others, [2020] 11 SCR 525](https://lawfoyer.in/ashish-seth-v-sumit-mittal-and-others-2020-11-scr-525/) - The judgment concerns prolonged non-compliance with a Memorandum of Settlement dated 04.05.2015 entered into between two rival groups, namely the Seth Group and the Mittal Group, arising out of disputes in a Joint Venture real estate project. The settlement had been judicially recognized and incorporated into an order of the Supreme Court disposing of connected writ petitions. Persistent defaults by the Mittal Group in fulfilling their contractual and court-mandated obligations led to contempt proceedings under Article 32 of the Constitution of India. - [Nilay Gupta v. Chairman NEET PG Medical & Dental Admission/Counselling Board 2020 & Ors., [2020] 12 SCR 161](https://lawfoyer.in/nilay-gupta-v-chairman-neet-pg-medical-dental-admission-counselling-board-2020-ors-2020-12-scr-161/) - The judgment examines the legality of deletion of the Non-Resident Indian (NRI) quota in postgraduate medical and dental admissions for the academic year 2020–2021 in Rajasthan. The dispute arose when private medical colleges, after initially indicating a 15% NRI quota and initiating verification of NRI candidates, eliminated the quota at a late stage and merged the seats with the management quota. Two NRI candidates challenged this action before the Rajasthan High Court. The Single Judge held the deletion arbitrary and directed their admission under the NRI quota. The Division Bench reversed this decision, leading to appeals before the Supreme Court. - [Ferrodous Estates (Pvt.) Ltd. v. P. Gopirathnam (Dead) & Ors., [2020] 13 SCR 673](https://lawfoyer.in/ferrodous-estates-pvt-ltd-v-p-gopirathnam-dead-ors-2020-13-scr-673/) - The judgment adjudicates a prolonged dispute concerning specific performance of an agreement to sell executed in 1980 and its enforceability in light of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 and its subsequent repeal in 1999. The litigation trajectory reflects repeated judicial reconsideration across Single Judge, Division Bench, Full Bench, and finally the Supreme Court. The central controversy revolved around whether an agreement to sell, which required statutory permission under the ceiling law, stood rendered void ab initio due to statutory prohibition, or whether such an agreement remained enforceable when the obligation to obtain permission rested upon the vendor. - [Anand Yadav & Ors. v. State of Uttar Pradesh & Ors., [2020] 13 S.C.R. 925](https://lawfoyer.in/anand-yadav-ors-v-state-of-uttar-pradesh-ors-2020-13-s-c-r-925/) - The judgment addresses a persistent controversy concerning eligibility qualifications for appointment to the post of Assistant Professor (Education) in government-aided colleges in Uttar Pradesh. The dispute arose from conflicting interpretations of whether M.Ed. degree holders could be treated as eligible and equivalent to M.A. (Education) degree holders for the purposes of recruitment. The Uttar Pradesh Higher Education Service Selection Commission issued an advertisement in 2014 which led to rejection of candidates possessing M.Ed. degrees. A subsequent advertisement in 2016 adopted a broader criterion of “post-graduate degree in the relevant subject,” triggering expert review and issuance of a corrigendum permitting M.Ed. candidates. - [Bikramjit Singh v. State of Punjab [2020] 12 S.C.R. 875](https://lawfoyer.in/bikramjit-singh-v-state-of-punjab-2020-12-s-c-r-875/) - The judgment in Bikramjit Singh v. State of Punjab authoritatively settles the law concerning default bail under Section 167(2) of the Code of Criminal Procedure, 1973, as modified by Section 43-D of the Unlawful Activities (Prevention) Act, 1967. The Supreme Court examined the interplay between the CrPC, the UAPA, and the National Investigation Agency Act, 2008, particularly on the question of jurisdiction to extend the statutory period of investigation from ninety days to one hundred eighty days. The case arose from a terrorist attack involving a hand grenade at a religious congregation, resulting in multiple deaths and serious injuries. The appellant sought default bail upon expiry of ninety days, which was rejected by the Magistrate on the basis of an extension order passed without jurisdiction. - [Amar Singh v. The State (NCT of Delhi), [2020] 8 SCR 751](https://lawfoyer.in/amar-singh-v-the-state-nct-of-delhi-2020-8-scr-751/) - The judgment examines the evidentiary limits of criminal conviction resting upon the sole testimony of a related eye-witness in a prosecution for murder under Section 302 read with Section 34 of the Indian Penal Code, 1860. The Supreme Court scrutinised whether the concurrent findings of guilt recorded by the Trial Court and the High Court could be sustained when the prosecution case suffered from serious inconsistencies, hostile witnesses, and conduct of the alleged eye-witness that was incompatible with normal human behaviour. The Court undertook a detailed evaluation of the ocular testimony of PW-1, the sole remaining eye-witness, in light of medical evidence, surrounding circumstances, and procedural lapses in investigation. - [Raghunath (D) by LRs v. Radha Mohan (D) through LRs & Ors. [2020] 14 S.C.R. 462](https://lawfoyer.in/raghunath-d-by-lrs-v-radha-mohan-d-through-lrs-ors-2020-14-s-c-r-462/) - The judgment in Raghunath (D) by LRs v. Radha Mohan (D) through LRs & Ors. authoritatively settles the controversy concerning the temporal scope and limitation of the right of pre-emption under the Rajasthan Pre-Emption Act, 1966. The Supreme Court was called upon to determine whether the limitation period prescribed under Section 21 of the Act read with Article 97 of the Limitation Act, 1963 commences afresh upon every subsequent sale of the same immovable property, or whether such right is confined to the first post-statute transfer where the pre-emptor consciously refrains from exercising it. - [Small Voices: Big Rights: 1st National Essay Competition | Organized by National Law University, Delhi | Register by 1st March, 2026](https://lawfoyer.in/small-voices-big-rights-1st-national-essay-competition-organized-by-national-law-university-delhi-register-by-1st-march-2026/) - Small Voices: Big Rights: 1st National Essay Competition | Organized by National Law University, Delhi | Register by 1st March, 2026 - [SGTU–RANKA INTERNATIONAL TRIAL ADVOCACY COMPETITION 3.0 | Organized by SGT University, Gurugram | Register by 15th February, 2026](https://lawfoyer.in/sgtu-ranka-international-trial-advocacy-competition-3-0-organized-by-sgt-university-gurugram-register-by-15th-february-2026/) - SGTU–RANKA INTERNATIONAL TRIAL ADVOCACY COMPETITION 3.0 | Organized by SGT University, Gurugram | Register by 15th February, 2026 - [Call for Blogs | NLIU Labour & Employment Law Blog | Rolling Submission Academic Year 2025-26 | Submission on Rolling Basis](https://lawfoyer.in/call-for-blogs-nliu-labour-employment-law-blog-rolling-submission-academic-year-2025-26-submission-on-rolling-basis/) - Call for Blogs | NLIU Labour & Employment Law Blog | Rolling Submission Academic Year 2025-26 | Submission on Rolling Basis - [Call for Applications: The Capital Tank: 1st NLIU–CFMRS Investment Challenge, 2026 | Organized by National Law Institute University, Bhopal | Register by 20 February 2026](https://lawfoyer.in/call-for-applications-the-capital-tank-1st-nliu-cfmrs-investment-challenge-2026-organized-by-national-law-institute-university-bhopal-register-by-20-february-2026/) - Call for Applications: The Capital Tank: 1st NLIU–CFMRS Investment Challenge, 2026 | Organized by National Law Institute University, Bhopal | Register by 20 February 2026 - [Call for Applications: The Capital Tank: 1st NLIU–CFMRS Investment Challenge, 2026 | Organized by National Law Institute University, Bhopal | Register by 20 February 2026](https://lawfoyer.in/call-for-applications-the-capital-tank-1st-nliu-cfmrs-investment-challenge-2026-organized-by-national-law-institute-university-bhopal-register-by-20-february-2026-2/) - Call for Applications: The Capital Tank: 1st NLIU–CFMRS Investment Challenge, 2026 | Organized by National Law Institute University, Bhopal | Register by 20 February 2026 - [5TH IILM MOOT COURT COMPETITION, 2026 | Organized by IILM University, Gurugram | Register by 31st January 2026](https://lawfoyer.in/5th-iilm-moot-court-competition-2026-organized-by-iilm-university-gurugram-register-by-31st-january-2026/) - 5TH IILM MOOT COURT COMPETITION, 2026 | Organized by IILM University, Gurugram | Register by 31st January 2026 - [CALL FOR PAPERS – RGNUL FINANCIAL AND MERCANTILE LAW REVIEW (RFMLR), VOLUME XIII, ISSUE II | Organized by Rajiv Gandhi National University of Law (RGNUL), Punjab | Register by 15th February 2026](https://lawfoyer.in/call-for-papers-rgnul-financial-and-mercantile-law-review-rfmlr-volume-xiii-issue-ii-organized-by-rajiv-gandhi-national-university-of-law-rgnul-punjab-register-by-15th-february-20/) - CALL FOR PAPERS – RGNUL FINANCIAL AND MERCANTILE LAW REVIEW (RFMLR), VOLUME XIII, ISSUE II | Organized by Rajiv Gandhi National University of Law (RGNUL), Punjab | Register by 15th February 2026 - [VERDICTUS 2.0 – Annual Law Fest | Organized by Navrachana University, School of Business and Law | Register by 12th January, 2026](https://lawfoyer.in/verdictus-2-0-annual-law-fest-organized-by-navrachana-university-school-of-business-and-law-register-by-12th-january-2026/) - VERDICTUS 2.0 – Annual Law Fest | Organized by Navrachana University, School of Business and Law | Register by 12th January, 2026 - [Two-Credit Certificate Course on Labour Codes | Organized by Rajiv Gandhi National University of Law (RGNUL), Punjab | Register by 16th January 2026](https://lawfoyer.in/two-credit-certificate-course-on-labour-codes-organized-by-rajiv-gandhi-national-university-of-law-rgnul-punjab-register-by-16th-january-2026/) - Two-Credit Certificate Course on Labour Codes | Organized by Rajiv Gandhi National University of Law (RGNUL), Punjab | Register by 16th January 2026 - [CALL FOR BLOGS | Centre for Law and Urban Development (CLUD), National Law University Delhi](https://lawfoyer.in/call-for-blogs-centre-for-law-and-urban-development-clud-national-law-university-delhi/) - CALL FOR BLOGS | Centre for Law and Urban Development (CLUD), National Law University Delhi - [Global Trade Careers, The WTO’s 30-Year Legacy, and Future Pathways | Organized by Hidayatullah National Law University (HNLU), Raipur | Register by 28 January 2026](https://lawfoyer.in/global-trade-careers-the-wtos-30-year-legacy-and-future-pathways-organized-by-hidayatullah-national-law-university-hnlu-raipur-register-by-28-january-2026/) - Global Trade Careers, The WTO’s 30-Year Legacy, and Future Pathways | Organized by Hidayatullah National Law University (HNLU), Raipur | Register by 28 January 2026 - [Call for Chapters | Organized by Department of Law, Maharaja Agrasen Institute of Management Studies (MAIMS) | Submit Abstract by 5th January 2026](https://lawfoyer.in/call-for-chapters-organized-by-department-of-law-maharaja-agrasen-institute-of-management-studies-maims-submit-abstract-by-5th-january-2026/) - Call for Chapters | Organized by Department of Law, Maharaja Agrasen Institute of Management Studies (MAIMS) | Submit Abstract by 5th January 2026 - [Anil Bhardwaj v. The Hon’ble High Court of Madhya Pradesh & Ors., [2020] 9 SCR 442](https://lawfoyer.in/anil-bhardwaj-v-the-honble-high-court-of-madhya-pradesh-ors-2020-9-scr-442/) - The judgment examines the limits of judicial review over decisions taken by High Court Selection Committees concerning suitability for appointment to judicial service. The appellant, selected for the post of District Judge (Entry Level), had disclosed the pendency of a criminal case under Sections 498A, 406 and 34 IPC arising from a matrimonial dispute. Despite provisional selection, his candidature was cancelled following adverse character verification. The appellant was subsequently acquitted and sought reconsideration of his candidature on that basis. - [Hospitality Association of Mudumalai v. In Defence of Environment and Animals & Ors., [2020] 10 S.C.R. 273](https://lawfoyer.in/hospitality-association-of-mudumalai-v-in-defence-of-environment-and-animals-ors-2020-10-s-c-r-273/) - The judgment addresses the legality and constitutional validity of the notification issued by the Government of Tamil Nadu declaring an elephant corridor in the Sigur Plateau of the Nilgiris District and directing resort owners and private landholders to vacate lands falling within the notified corridor. The dispute arose from resistance by resort owners and landholders who challenged the scientific basis, statutory competence, and procedural fairness of the notification. The Supreme Court examined the ecological significance of elephant corridors, the doctrine of sustainable development, and the applicability of the precautionary principle in environmental governance. The Court emphasized that elephants constitute a keystone species whose migratory movement is essential to maintaining ecological balance, biodiversity, and genetic diversity. The judgment reconciles property rights with environmental obligations by affirming the State’s authority under Entries 17A and 17B of the Concurrent List, read with the Wildlife (Protection) Act, 1972, and constitutional mandates under Articles 21, 48A, and 51A(g). While upholding the validity of the corridor notification and restrictions on commercial activity, the Court acknowledged grievances relating to factual discrepancies in acreage and implementation. Consequently, it constituted an independent Inquiry Committee to examine allegations of arbitrariness by district authorities. The decision reinforces the primacy of ecological preservation over commercial exploitation and strengthens environmental jurisprudence by operationalizing constitutional duties through executive action. - [Ganesan v. State represented by its Inspector of Police, [2020] 8 S.C.R. 768](https://lawfoyer.in/ganesan-v-state-represented-by-its-inspector-of-police-2020-8-s-c-r-768/) - The judgment in Ganesan v. State represented by its Inspector of Police examines the evidentiary value of the sole testimony of a child victim under the Protection of Children from Sexual Offences Act, 2012. The Supreme Court was called upon to consider whether conviction under Section 7 read with Section 8 of the POCSO Act could be sustained solely on the uncorroborated testimony of the victim, particularly when one of the material witnesses, namely the mother of the victim, had turned hostile. The appellant further questioned the fairness of appellate proceedings before the High Court on the ground that the legal aid counsel was appointed only a few days prior to disposal of the appeal, allegedly rendering the hearing illusory. - [Satish Chander Ahuja v. Sneha Ahuja, [2020] 12 SCR 189](https://lawfoyer.in/satish-chander-ahuja-v-sneha-ahuja-2020-12-scr-189/) - The judgment in Satish Chander Ahuja v. Sneha Ahuja marks a seminal shift in the judicial understanding of shared household under the Protection of Women from Domestic Violence Act, 2005. The Supreme Court undertook an exhaustive interpretative exercise of Sections 2(s), 17, 19, and 26 of the Act while examining the maintainability of a civil suit for injunction filed by a father-in-law against his daughter-in-law. The controversy arose in the backdrop of matrimonial discord where the daughter-in-law asserted a statutory right of residence in the suit property by invoking the DV Act, while the father-in-law claimed exclusive ownership and sought her eviction through civil proceedings. - [,State of U.P. v. Gayatri Prasad Prajapati, [2020] 7 S.C.R. 959](https://lawfoyer.in/state-of-u-p-v-gayatri-prasad-prajapati-2020-7-s-c-r-959/) - The judgment in State of U.P. v. Gayatri Prasad Prajapati addresses the legal permissibility and judicial discipline required while granting interim bail on medical grounds to an accused charged with serious sexual offences under the Indian Penal Code and the Protection of Children from Sexual Offences Act. The Supreme Court examined whether the High Court was justified in granting interim bail solely on medical considerations when adequate and continuous medical treatment was already being provided under State supervision in premier government hospitals. The Court scrutinised the medical records, medical board report, and treatment history of the respondent, a former minister, and found that the High Court failed to consider material evidence on record, including the findings of a duly constituted medical board and reports from a super-speciality hospital. The judgment reiterates that humane treatment of prisoners is a constitutional obligation, yet emphasises that medical bail cannot be granted mechanically or sympathetically without recording satisfaction that continued custody would jeopardise the life or health of the accused. The decision underscores the principle that judicial discretion in bail matters must be exercised with due application of mind to the complete factual matrix, particularly when allegations involve grave offences and when the accused is already receiving specialised treatment under State care. - [Saravanan v. State Rep. by the Inspector of Police, [2020] 8 SCR 1035](https://lawfoyer.in/saravanan-v-state-rep-by-the-inspector-of-police-2020-8-scr-1035/) - The judgment in Saravanan v. State Rep. by the Inspector of Police constitutes a significant reaffirmation of the constitutional and statutory character of default bail under Section 167(2) of the Code of Criminal Procedure, 1973. The Supreme Court examined the legality of conditions imposed by the High Court while granting statutory bail, particularly a monetary deposit linked to alleged amounts involved in the offence and an onerous daily reporting requirement. The Court categorically held that default bail is not discretionary but an indefeasible statutory right, accruing to the accused upon failure of the investigating agency to file a charge-sheet within the prescribed period. The Court clarified that conditions ordinarily relevant to regular bail under Section 437 Cr.P.C. cannot be transplanted into the statutory framework of default bail. Any such condition, especially one compelling deposit of disputed amounts, defeats the legislative intent of Section 167(2) and dilutes the protection of personal liberty under criminal procedure. The judgment draws a clear doctrinal distinction between punitive pre-trial detention and procedural safeguards against investigative delay. By quashing the financial condition and modifying the reporting requirement, the Court reinforced that statutory bail cannot be converted into a tool of coercive recovery or indirect punishment. This ruling consolidates prior jurisprudence, particularly the principle of “indefeasible right” articulated earlier, and serves as a binding precedent restraining courts from imposing extraneous conditions that frustrate statutory mandates. - [Navin Chandra Dhoundiyal v. State of Uttarakhand and Others, [2020] 7 SCR 572](https://lawfoyer.in/navin-chandra-dhoundiyal-v-state-of-uttarakhand-and-others-2020-7-scr-572/) - The decision in Navin Chandra Dhoundiyal v. State of Uttarakhand and Others settles an important question relating to service jurisprudence in university administration, namely the interpretation of statutory provisions governing the date of superannuation and continuation in service of university teachers. The Supreme Court was concerned with the correct construction of Statute No. 16.24 of Kumaun University, particularly its proviso which permits continuation of teachers beyond the date of superannuation until 30 June following, treating such continuation as re-employment. The appellants, all professors, challenged an office order fixing their retirement on the last day of the month in which they attained the age of 65 years, contending that such action disregarded the statutory protection intended to preserve continuity in academic sessions. The Court undertook a plain, purposive, and contextual interpretation of the statute, harmonising the main provision with its proviso. It emphasised that while no teacher has a vested right to re-employment after superannuation, the proviso creates a statutory exception designed to prevent disruption of teaching mid-session and to protect students’ academic interests. The judgment reaffirms the doctrine of stare decisis by endorsing earlier High Court interpretations and approving analogous reasoning adopted by the Allahabad High Court Full Bench. By setting aside the contrary view of the Uttarakhand High Court, the Supreme Court restored doctrinal clarity and administrative consistency, holding that teachers whose superannuation does not fall on 30 June are statutorily entitled to continue till the end of the academic session on re-employment basis, with consequential benefits. - [State of U.P. v. Sudhir Kumar Singh and Ors. [2020] 13 SCR 571](https://lawfoyer.in/state-of-u-p-v-sudhir-kumar-singh-and-ors-2020-13-scr-571/) - The judgment in State of U.P. v. Sudhir Kumar Singh and Ors. is a significant exposition on the doctrine of audi alteram partem and the evolving contours of judicial review in contractual matters involving the State. The Supreme Court examined whether cancellation of a concluded tender and contract by a State instrumentality, without affording a prior hearing to the successful bidder, could withstand constitutional scrutiny under Article 14 and Article 226 of the Constitution of India. The dispute arose from repeated cancellations and reissuance of e-tenders by the U.P. State Warehousing Corporation for handling and transportation contracts, culminating in cancellation of an already executed contract after one year of performance, solely on the basis of ex parte inquiries alleging financial irregularities. The Court reconciled competing considerations of public interest, financial loss to the State, and procedural fairness owed to the contractor. It clarified that breach of natural justice itself may not always result in invalidity, unless prejudice is shown, but equally reaffirmed that prejudice is presumed where the affected party is kept completely in the dark. The judgment also authoritatively restated when writ jurisdiction under Article 226 is maintainable in contractual disputes involving State action, especially where allegations of arbitrariness and violation of natural justice are raised. While partially setting aside the High Court’s judgment for exceeding the scope of relief sought, the Supreme Court upheld the core finding that the tender cancellation was vitiated by denial of natural justice. The ruling harmonizes administrative efficiency with constitutional fairness and serves as a doctrinal guide on the “prejudice test” in natural justice jurisprudence. - [Rajesh Dhiman v. State of Himachal Pradesh, [2020] 8 S.C.R. 1057](https://lawfoyer.in/rajesh-dhiman-v-state-of-himachal-pradesh-2020-8-s-c-r-1057/) - The judgment in Rajesh Dhiman v. State of Himachal Pradesh examines the contours of fair investigation, evidentiary standards, and appellate interference in acquittals under the Narcotic Drugs and Psychotropic Substances Act, 1985. The Supreme Court addressed whether an investigation stands vitiated merely because the complainant is also the investigating officer, particularly in prosecutions involving commercial quantities of contraband. The Court revisited earlier conflicting jurisprudence and relied upon the Constitution Bench ruling in Mukesh Singh v. State (Narcotic Branch of Delhi) to reaffirm that no automatic presumption of bias arises from such dual roles unless actual prejudice or likelihood of bias is demonstrated. The judgment further clarifies the doctrine of reasonable doubt, emphasizing that fanciful or implausible defence theories cannot undermine a consistent prosecution case supported by official witnesses. The Court also dealt with the evidentiary value of hostile independent witnesses and reiterated that non-examination of such witnesses is not per se fatal. Importantly, the judgment upholds the High Court’s power to reverse an acquittal where the trial court has misapplied legal principles or adopted a perverse appreciation of evidence. The ruling strengthens prosecutorial standards in NDPS cases while balancing the accused’s right to a fair trial, thereby contributing significantly to criminal jurisprudence on narcotics control and appellate review. - [M. Ravindran v. The Intelligence Officer, Directorate of Revenue Intelligence, [2020] 12 SCR 915](https://lawfoyer.in/m-ravindran-v-the-intelligence-officer-directorate-of-revenue-intelligence-2020-12-scr-915/) - The judgment in M. Ravindran v. The Intelligence Officer, Directorate of Revenue Intelligence authoritatively settles the scope, nature, and enforceability of the indefeasible right to default bail under Section 167(2) of the Code of Criminal Procedure, 1973, read with Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Supreme Court examined whether such a right, once accrued and invoked by the accused upon expiry of the statutory investigation period of 180 days, can be defeated by the prosecution through the subsequent filing of an additional complaint before disposal of the bail application. The Court firmly reaffirmed that the right to default bail is not a procedural formality but a constitutional safeguard flowing from Article 21. It held that the accused is deemed to have “availed of” the right the moment an application for default bail is filed along with willingness to furnish bail, and not when actual release occurs. Any contrary interpretation would legitimise illegal detention and permit prosecutorial manipulation. The judgment harmonises prior conflicting interpretations arising from Sanjay Dutt, Hitendra Vishnu Thakur, and Uday Mohanlal Acharya, while emphatically preferring an interpretation that protects personal liberty. It further cautioned courts and prosecutors against dilatory tactics that undermine statutory mandates. The ruling strengthens due process, reinforces investigative accountability, and elevates default bail from a statutory right to a constitutional imperative. - [Raveen Kumar v. State of Himachal Pradesh, [2020] 8 SCR 1044](https://lawfoyer.in/raveen-kumar-v-state-of-himachal-pradesh-2020-8-scr-1044/) - The judgment in Raveen Kumar v. State of Himachal Pradesh examines the permissible scope of appellate interference with an order of acquittal under criminal jurisprudence, particularly in prosecutions under the Narcotic Drugs and Psychotropic Substances Act, 1985. The Supreme Court was called upon to determine whether the High Court was justified in reversing an acquittal based on erroneous reliance placed by the trial court on a prosecution reply filed during bail proceedings. The Court analysed the evidentiary value of court records, the legal consequences of non-confrontation of such material with witnesses, and the principles governing appreciation of testimony of official witnesses in the absence of independent corroboration. A crucial legal determination was made regarding the doctrine of “chance recovery” and the extent to which prior information must be proved to invoke the safeguards under Section 42 of the NDPS Act. The judgment clarifies that pleadings filed before a court do not enjoy any presumption of truth unless duly proved and confronted during trial. The Court further reinforced that hostile testimony of an independent witness does not efface corroborative value if material portions support prosecution compliance. On sentencing, the Court revisited the mandatory minimum punishment under Section 20 of the NDPS Act both before and after the 2001 amendment and reconciled the High Court’s lenient approach with subsequent authoritative clarification in Hira Singh v. Union of India. While upholding conviction and sentence, the judgment significantly contributes to evidentiary law, appellate standards, and NDPS sentencing jurisprudence. - [Satyama Dubey & Ors. v. Union of India & Ors., [2020] 9 SCR 517](https://lawfoyer.in/satyama-dubey-ors-v-union-of-india-ors-2020-9-scr-517/) - The judgment in Satyama Dubey & Ors. v. Union of India & Ors. arises out of an extraordinary invocation of Article 32 of the Constitution of India seeking judicial intervention in the investigation of a brutal gang rape and subsequent death of a nineteen-year-old woman in Hathras, Uttar Pradesh. The petitions raised serious constitutional and procedural concerns relating to fair investigation, alleged illegal cremation, witness protection, and judicial monitoring. The Supreme Court was confronted with competing institutional considerations: safeguarding the victim’s family and public confidence in criminal justice, while respecting the federal structure and jurisdictional primacy of the High Court. The Court acknowledged that the State of Uttar Pradesh had already transferred the investigation to the Central Bureau of Investigation, thereby neutralising apprehensions of police bias. Emphasis was placed on judicial restraint and institutional comity, with the Court declining to monitor the investigation when the Allahabad High Court had already assumed seisin through a suo motu public interest litigation. A significant constitutional intervention was made by directing Central Reserve Police Force protection to the victim’s family and witnesses as a confidence-building measure, without casting aspersions on the State Police. The judgment also addressed statutory confidentiality under Section 228A of the Indian Penal Code, cautioning against disclosure of the identity and familial particulars of a rape victim. The decision reflects a calibrated balance between victims’ rights, due process, and judicial federalism, reinforcing the principle that constitutional remedies must not disrupt parallel proceedings unless compelling circumstances so demand. - [Dharmendra Kumar Singh v. State of Uttar Pradesh & Ors., [2020] 12 SCR 557](https://lawfoyer.in/dharmendra-kumar-singh-v-state-of-uttar-pradesh-ors-2020-12-scr-557/) - The judgment in Dharmendra Kumar Singh v. State of Uttar Pradesh & Ors. addresses a recurring conflict between environmental protection and vested commercial interests in the mining sector. The Supreme Court examined whether mining leaseholders, whose operations were halted due to judicial and administrative interdictions aimed at forest conservation, were entitled to an extension of their mining leases for the obstructed period. The appellants argued that since mining was stopped without fault on their part, equity demanded extension of leases to restore them to their original position. The State of Uttar Pradesh contended that neither the Uttar Pradesh Mining Minerals (Concession) Rules, 1963 nor the lease deeds permitted such extension, and that statutory policy had shifted decisively towards auction-based grants. The Court rejected the proposition that every judicial interdict automatically entitles a party to restoration by extension of contractual or statutory rights. It held that extension of a mining lease must strictly flow either from statutory authority or contractual terms, and cannot be granted merely on equitable considerations. The Court interpreted Rule 68 narrowly as a limited relaxation provision and affirmed that Rule 40(h) exhaustively governs consequences of disruption of mining operations. In light of the New Mining Policy, 2017, which mandates e-auction and does not contemplate extensions, the Court declined to order lease extensions. However, invoking Article 142 of the Constitution, the Court balanced equities by directing refund of security deposits and advance royalties with simple interest at 9% per annum. The judgment reinforces statutory supremacy, restricts judicially created commercial benefits, and clarifies that environmental protection orders cannot be used as a basis to bypass transparent mining policies. - [Mrs Ritika Sharan v. Mr Sujoy Ghosh, [2020] 10 SCR 363](https://lawfoyer.in/mrs-ritika-sharan-v-mr-sujoy-ghosh-2020-10-scr-363/) - The judgment concerns a complex matrimonial and guardianship dispute involving the custody and overseas relocation of a minor child amid pending divorce and domestic violence proceedings. The appellant-mother and respondent-father had been living separately since 2016, with the minor child continuously residing under the care of the mother. The dispute arose when the appellant, upon being posted to Singapore for employment, sought permission to take the child along. The Family Court restrained such removal on jurisdictional apprehensions, which was later affirmed by the High Court. The Supreme Court decisively intervened, holding that the welfare of the child is the paramount consideration, overriding procedural technicalities and jurisdictional objections. The Court clarified that assistance rendered by maternal grandparents does not divest the mother of legal custody. Importantly, the Court engaged directly with the minor child through video conferencing and placed substantial weight on the child’s expressed preference to live with the mother. Invoking its extraordinary powers under Article 142 of the Constitution of India, the Court set aside the High Court judgment and permitted the child’s relocation to Singapore with the mother, while simultaneously safeguarding the father’s visitation and access rights through structured directions. The ruling reinforces a welfare-centric, child-sensitive approach in custody jurisprudence, especially in transnational employment contexts, and demonstrates the Supreme Court’s willingness to transcend procedural rigidity to secure substantive justice. - [Thomas Lawrence v. State of Kerala & Ors., [2020] 9 S.C.R. 325](https://lawfoyer.in/thomas-lawrence-v-state-of-kerala-ors-2020-9-s-c-r-325/) - The judgment in Thomas Lawrence v. State of Kerala & Ors. addresses the procedural and substantive contours of environmental adjudication before the National Green Tribunal, particularly in relation to execution proceedings arising from prior directions concerning alleged destruction of wetlands. The appeal arose from the dismissal of an execution application by the National Green Tribunal on the ground that no separate orders were required, as the matter could be examined within another pending original application. The appellant contended that the execution application stemmed from an earlier NGT order directing the District Collector to take action regarding alleged destruction of wetlands and a ten-acre pond within the Technopark region in Thiruvananthapuram. The Supreme Court examined whether the execution application remained maintainable once the District Collector had already passed an order pursuant to the NGT’s original direction. The Court carefully analyzed the scope of the NGT’s order dated 19.12.2018, the subsequent order of the District Collector dated 30.04.2019, and the legal effect of such compliance on execution proceedings. Emphasis was placed on the statutory framework under the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Wetlands (Conservation and Management) Rules, 2010, especially the exemption provisions for public purpose projects. The Court held that once the Collector had passed an order in compliance with the NGT’s direction, the execution application became infructuous. However, it preserved the appellant’s right to challenge the Collector’s order independently in accordance with law, granting protection against dismissal on the ground of delay if such challenge was filed within a stipulated period. The decision clarifies the boundary between execution jurisdiction and substantive judicial review in environmental matters. - [Tofan Singh v. State of Tamil Nadu, [2020] 12 SCR 583](https://lawfoyer.in/tofan-singh-v-state-of-tamil-nadu-2020-12-scr-583/) - The Constitution Bench decision in Tofan Singh v. State of Tamil Nadu marks a watershed moment in Indian criminal jurisprudence concerning prosecutions under the Narcotic Drugs and Psychotropic Substances Act, 1985. The central controversy before the Supreme Court revolved around the evidentiary admissibility of confessional statements recorded under Section 67 of the NDPS Act by officers empowered under Sections 42 and 53. The Court was tasked with determining whether such officers qualify as “police officers” within the meaning of Section 25 of the Indian Evidence Act, 1872, thereby rendering confessions made to them inadmissible. The majority opinion, authored by Justice R.F. Nariman, decisively held that officers vested with investigative powers under Section 53 NDPS Act exercise powers identical to those of police officers, including investigation culminating in the filing of a police report. Consequently, they fall squarely within the mischief of Section 25 of the Evidence Act. The Court ruled that statements recorded under Section 67 cannot be treated as confessional or substantive evidence and any conviction founded solely upon such statements would infringe Articles 14, 20(3), and 21 of the Constitution of India. In overruling Raj Kumar Karwal v. Union of India and Kanhaiyalal v. Union of India, the Court reaffirmed constitutional primacy over coercive investigative shortcuts, especially under a statute prescribing draconian punishments. The dissent by Justice Indira Banerjee underscored societal interest and effective enforcement of narcotics law, yet the majority emphasized procedural fairness and fundamental rights as non-negotiable. - [State of Rajasthan & Ors. v. Heem Singh, [2020] 13 S.C.R. 951](https://lawfoyer.in/state-of-rajasthan-ors-v-heem-singh-2020-13-s-c-r-951/) - The judgment examines the legal permissibility of sustaining a departmental dismissal of a police constable for grave misconduct arising out of alleged involvement in a murder, despite his acquittal in a criminal trial. The Supreme Court scrutinised the limits of judicial review under Article 226 in disciplinary matters, particularly where the High Court interferes with findings of misconduct recorded by the disciplinary authority. The Court reaffirmed the settled distinction between the standard of proof applicable in criminal trials and departmental proceedings, holding that proof beyond reasonable doubt governs criminal liability, whereas preponderance of probabilities governs service discipline. The Court analysed whether the respondent’s acquittal on the ground of benefit of doubt amounted to a clean acquittal warranting reinstatement. It was held that an acquittal does not automatically obliterate the findings of a departmental enquiry, especially where the conduct of a police officer adversely impacts the integrity, credibility, and public confidence in the police force. The judgment emphasises that disciplinary proceedings are not constrained by the rigours of criminal procedure or the strict rules of evidence under the Indian Evidence Act. The Supreme Court further delineated the “two ends of the spectrum” doctrine governing judicial review in service law. While courts must ordinarily defer to the disciplinary authority as the primary fact-finding body, interference is justified where findings are perverse, based on no evidence, or where vital evidence has been ignored. Applying these principles, the Court found that the Division Bench of the High Court erred in reappreciating evidence and substituting its own conclusions. The reinstatement order was therefore set aside, reinforcing institutional discipline and administrative autonomy. - [Chunthuram v. State of Chhattisgarh, [2020] 8 SCR 1071](https://lawfoyer.in/chunthuram-v-state-of-chhattisgarh-2020-8-scr-1071/) - The judgment examines the evidentiary fragility of a murder conviction resting primarily on weak forensic linkage, defective Test Identification Parade, and unreliable ocular testimony. The appellant was convicted under Sections 302/34 IPC for the alleged murder of the deceased while returning from the market. The prosecution case was built on recovery of weapons, identification of a lungi, and testimony of an alleged eyewitness. The Supreme Court scrutinised whether these circumstances formed an unbroken chain pointing exclusively towards the guilt of the appellant. The Court found that the alleged weapons of assault were never scientifically connected to the crime. The purported chemical analyst report was neither produced nor available on record. Vital forensic material, including the seized shirt of the co-accused, was withheld, attracting an adverse inference against the prosecution. The Test Identification Parade was vitiated by police presence and internal inconsistencies, rendering it unreliable in law. The testimony of the sole eyewitness suffered from serious infirmities. His admitted poor eyesight, weak hearing, adverse weather conditions, and unnatural post-incident conduct eroded his credibility. The motive suggested by the prosecution was remote and lacked proximity. Applying the settled principle that where two views are possible the one favouring the accused must prevail, the Court set aside the conviction. This decision reinforces the constitutional commitment to fair trial standards, the evidentiary value of forensic science, and the cautious approach required while relying on solitary eyewitness testimony in criminal trials. - [M/s. Imperia Structures Ltd. v. Anil Patni and Another, [2020] 12 SCR 373](https://lawfoyer.in/m-s-imperia-structures-ltd-v-anil-patni-and-another-2020-12-scr-373/) - The judgment in M/s. Imperia Structures Ltd. v. Anil Patni and Another authoritatively settles the long-standing conflict between remedies available under the Consumer Protection Act, 1986 and the Real Estate (Regulation and Development) Act, 2016. The Supreme Court examined whether the enactment of RERA impliedly ousted the jurisdiction of consumer fora in disputes concerning delay in delivery of possession and refund of amounts paid by homebuyers. The controversy arose from a housing project launched in 2011, where despite substantial payments by allottees, construction remained incomplete even after the contractually stipulated period. Consumer complaints were instituted before the National Consumer Disputes Redressal Commission seeking refund with interest. The builder resisted the complaints on grounds that the allottees were not consumers, that RERA created an exclusive statutory mechanism, and that registration of the project under RERA deferred any finding of delay. The Supreme Court rejected these contentions and reaffirmed that remedies under the Consumer Protection Act are additional and concurrent. The Court clarified that Section 79 of RERA bars only civil courts and not consumer fora, which are quasi-judicial bodies. The judgment underscores legislative intent by reading Sections 18 and 88 of RERA harmoniously with Section 3 of the Consumer Protection Act. It recognizes the autonomy of the allottee to choose the forum and protects consumer rights against delayed real estate projects. The ruling has significant implications for real estate litigation, forum choice, and the balance between special statutes and consumer welfare legislation. - [Shatrughna Baban Meshram v. State of Maharashtra, [2020] 13 SCR 1](https://lawfoyer.in/shatrughna-baban-meshram-v-state-of-maharashtra-2020-13-scr-1/) - The judgment examines an extremely grave instance of sexual assault and homicidal death of a minor child aged two and a half years, committed by a close family member. The Supreme Court was called upon to assess the correctness of conviction under Sections 376(2)(f), (i), (m), 376A and 302 of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012, as well as the confirmation of death penalty imposed by the Trial Court and affirmed by the High Court. The case was founded entirely on circumstantial evidence, including last-seen theory, medical evidence, DNA profiling, and forensic corroboration. The Court undertook a meticulous evaluation of the chain of circumstances in light of the principles laid down in Sharad Birdhichand Sarda v. State of Maharashtra, reaffirming that circumstantial evidence, when unimpeachable and complete, can sustain conviction even in capital cases. The judgment further engages in an elaborate doctrinal discussion on the interplay between Sections 299 and 300 IPC, especially clause fourthly of Section 300, to determine whether the accused possessed the requisite mens rea for murder. While upholding the conviction for murder and aggravated sexual assault, the Court revisited the jurisprudence on rarest of rare doctrine and sentencing proportionality. It ultimately commuted the death sentence to life imprisonment under Section 302 IPC and imposed rigorous imprisonment for 25 years under Section 376A IPC, holding that although the crime was exceptionally brutal, the option of a lesser sentence was not entirely foreclosed due to absence of specific intent to cause death. - [The State of Tamil Nadu & Anr. v. K. Fazlur Rahman & Anr., [2020] 9 SCR 906](https://lawfoyer.in/the-state-of-tamil-nadu-anr-v-k-fazlur-rahman-anr-2020-9-scr-906/) - The judgment examines the scope and limitations of the State Government’s power to supersede a Waqf Board under Section 99 of the Waqf Act, 1995, particularly in light of the second proviso inserted by the 2013 amendment. The dispute arose from the supersession of the Tamil Nadu Waqf Board on the ground that the number of elected members had fallen below nominated members, allegedly rendering the Board incapable of functioning. The Supreme Court closely scrutinised whether such a situation, arising without any fault or misconduct of the Board, could justify supersession. - [Chief Manager, Punjab National Bank & Anr. v. Anit Kumar Das [2020] 9 SCR 925](https://lawfoyer.in/chief-manager-punjab-national-bank-anr-v-anit-kumar-das-2020-9-scr-925/) - The Supreme Court examined the legality of continuation in service of a candidate appointed as a Peon in Punjab National Bank despite being ineligible under the prescribed recruitment criteria. The Bank’s recruitment advertisement, issued pursuant to internal circulars, expressly disqualified graduates from applying for the post of Peon, limiting eligibility to candidates who had passed 12th Standard with basic English knowledge. The respondent, though a graduate since 2014, suppressed this material fact and declared only Higher Secondary qualification in his application. An appointment order was issued based on the disclosed qualifications, but during document verification, the Bank discovered the respondent’s graduation degree and cancelled his candidature. - [Shri Ram Sahu (Dead) through LRs v. Vinod Kumar Rawat & Ors., [2020] 11 SCR 865](https://lawfoyer.in/shri-ram-sahu-dead-through-lrs-v-vinod-kumar-rawat-ors-2020-11-scr-865/) - The decision in Shri Ram Sahu (Dead) through LRs v. Vinod Kumar Rawat & Ors. is a definitive exposition on the limits of review jurisdiction under Section 114 read with Order XLVII Rule 1 of the Code of Civil Procedure, 1908. The Supreme Court examined whether a High Court, while exercising review powers, could delete substantive factual observations made in an earlier appellate judgment concerning possession of immovable property. The controversy arose after the High Court, nearly two years after disposing of a first appeal, entertained a review petition and deleted an entire paragraph recording findings on possession, solely on the ground that no specific issue on possession had been framed by the Trial Court. The Supreme Court emphatically held that such an exercise amounted to overstepping review jurisdiction. It reiterated that review is not an appeal in disguise and cannot be used to re-appreciate evidence or to unsettle findings recorded after detailed examination of pleadings and proof. The Court underscored that absence of a formally framed issue does not vitiate findings when parties were aware of the controversy, led evidence, and suffered no prejudice. Observations on possession were based on depositions, pleadings, and even admissions by defendants through interlocutory applications. By restoring the deleted paragraph, the Court reaffirmed the doctrine of finality of judgments, clarified the distinction between error apparent on the face of record and erroneous findings, and reinforced judicial discipline in exercising review powers. The judgment carries substantial precedential value in civil procedure, particularly in property litigation and appellate practice. - [Rajesh @ Sarkari & Anr. v. State of Haryana, [2020] 14 SCR 1](https://lawfoyer.in/rajesh-sarkari-anr-v-state-of-haryana-2020-14-scr-1/) - The judgment addresses the foundational criminal law principle that suspicion, however grave, cannot substitute proof beyond reasonable doubt. The Supreme Court examined the evidentiary worth of alleged eye-witness testimony, forensic inconsistencies, and the legal effect of refusal to participate in a Test Identification Parade in a prosecution for murder under Section 302 read with Section 34 of the IPC. The prosecution case rested substantially on the testimonies of the deceased’s father and brother, who claimed to have witnessed the shooting inside a university campus and to have transported the injured victim to hospital. However, documentary evidence in the form of the ruqqa, hospital records, and defence testimony created serious doubt regarding their presence at the scene of occurrence. The Court undertook a meticulous scrutiny of forensic science laboratory reports prepared across two different FIRs and highlighted irreconcilable discrepancies concerning the recovery, identification, and ballistic linkage of alleged weapons. The non-examination of ballistic experts, despite serious contradictions in forensic reports, was held to be fatal in the absence of unimpeachable direct evidence. The Court further clarified that refusal to undergo a Test Identification Parade is not substantive evidence and cannot independently sustain a conviction where the prosecution fails to establish the identity of the accused beyond doubt. The judgment reinforces constitutional protections under criminal jurisprudence by emphasizing procedural fairness, evidentiary rigor, and the prosecution’s burden of proof. Ultimately, the appellants were acquitted and extended the benefit of doubt, resulting in the reversal of concurrent findings of guilt recorded by the Trial Court and the High Court. - [Rajnesh v. Neha & Anr., [2020] 13 SCR 1093](https://lawfoyer.in/rajnesh-v-neha-anr-2020-13-scr-1093/) - The judgment in Rajnesh v. Neha & Anr. constitutes a landmark exposition on the law of maintenance in India, particularly addressing the systemic inconsistencies arising from overlapping statutory remedies, prolonged pendency of interim maintenance applications, and difficulties in enforcement of maintenance orders. The Supreme Court was seized of an appeal challenging concurrent findings of the Family Court and the Bombay High Court granting interim maintenance to the wife and minor child under Section 125 of the Code of Criminal Procedure, 1973. While affirming the maintenance awarded in the present case, the Court expanded the scope of adjudication by exercising its constitutional powers under Article 142 of the Constitution of India to frame comprehensive and binding guidelines on maintenance. The Court undertook a purposive interpretation of maintenance laws, locating them firmly within the constitutional framework of Articles 15(3) and 39, emphasizing their role as instruments of social justice. Recognizing the multiplicity of proceedings under statutes such as the Cr.P.C., Hindu Marriage Act, 1955, Hindu Adoptions and Maintenance Act, 1956, Special Marriage Act, 1954, and the Protection of Women from Domestic Violence Act, 2005, the Court sought to harmonize their operation. The judgment mandates uniform disclosure of assets and liabilities, clarifies the date from which maintenance should ordinarily be awarded, lays down criteria for determining quantum, and strengthens enforcement mechanisms. By addressing both the individual dispute and the broader jurisprudential vacuum, the decision serves as a guiding precedent aimed at ensuring consistency, transparency, and fairness in maintenance adjudication across India. - [Hitesh Verma v. State of Uttarakhand & Anr., [2020] 9 SCR 593](https://lawfoyer.in/hitesh-verma-v-state-of-uttarakhand-anr-2020-9-scr-593/) - The judgment examines the scope and limits of Section 3(1)(r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, particularly in disputes arising out of property and civil conflicts. The Supreme Court scrutinised whether allegations of caste-based abuse, arising during a private land dispute and allegedly occurring within the four walls of a house, satisfy the statutory ingredients of an offence under the Act. The Court clarified that every insult or intimidation against a Scheduled Caste member does not ipso facto attract the Act, unless such conduct is intentionally directed at humiliating the victim because of caste identity and occurs in a place within public view. The judgment further reaffirms the inherent powers of the High Court under Section 482 of the Code of Criminal Procedure, 1973, holding that there is no legal prohibition against quashing a charge-sheet in part. The Court carefully balanced the object of the SC/ST Act with safeguards against its misuse in purely civil disputes. It emphasised that invocation of civil remedies by either party cannot, by itself, be construed as caste-based oppression. By quashing the charges under the SC/ST Act while permitting prosecution under the IPC to continue, the Court delineated the doctrinal boundary between caste-based atrocities and ordinary criminal or civil disputes, ensuring that the protective intent of the Act is preserved without allowing procedural abuse. - [C. Bright v. The District Collector & Ors. [2020] 7 SCR 997](https://lawfoyer.in/c-bright-v-the-district-collector-ors-2020-7-scr-997/) - The Supreme Court in C. Bright v. The District Collector & Ors. examined the legal character of the time limits prescribed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The controversy centred on whether the statutory mandate requiring the District Magistrate or Chief Metropolitan Magistrate to pass orders within thirty days, extendable to sixty days with recorded reasons, is mandatory or merely directory. The appellant contended that failure to comply with the outer limit renders the authority functus officio, thereby frustrating the secured creditor’s remedy. The Court rejected this contention and upheld the High Court’s reasoning that the time stipulation is directory in nature. The judgment reaffirmed settled principles of statutory interpretation that the mere use of the word “shall” does not conclusively determine mandatory intent. Emphasis was placed on the object, purpose, scheme, and consequences of non-compliance. The Court held that Section 14 performs a public function aimed at facilitating recovery of public dues and that the secured creditor has no control over the Magistrate’s administrative functioning. Treating the provision as mandatory would defeat the legislative purpose and enable defaulting borrowers to obstruct recovery. By harmonising SARFAESI’s objectives with constitutional and interpretative doctrines, the Court clarified that procedural timelines imposed on public authorities are ordinarily directory unless penal consequences are prescribed. The decision reinforces judicial restraint against hyper-technical interpretations that undermine economic legislation intended for expeditious enforcement of security interests. - [Gurusimran Singh Narula v. Union of India & Anr., [2020] 12 S.C.R. 351](https://lawfoyer.in/gurusimran-singh-narula-v-union-of-india-anr-2020-12-s-c-r-351/) - The writ petition examined the legality and constitutional permissibility of spraying or fumigating chemical or organic disinfectants on human beings and exposing individuals to artificial ultraviolet rays as a preventive response to the Covid-19 pandemic. Filed under Article 32 of the Constitution of India, the petition asserted that such practices violated the right to life and health under Article 21. The petitioner relied upon advisories issued by the Ministry of Health and Family Welfare and international guidance, particularly from the World Health Organization, which cautioned against human disinfection through tunnels and sprays. Despite such advisories, several public authorities and organisations continued deploying disinfection tunnels, creating regulatory ambiguity and health risks. The Supreme Court analysed the Disaster Management Act, 2005, particularly Sections 10 and 36, to determine whether the Union Government merely possessed discretionary powers or was under a positive statutory obligation to act. The Court reaffirmed that statutory powers conferred for public welfare are powers coupled with duties. It held that issuance of advisories alone was insufficient when evidence showed continued harmful practices across the country. While the Court refrained from imposing an immediate blanket ban, it directed the Union Government to actively consider and issue binding directions regulating or prohibiting such practices, including exposure to ultraviolet radiation. The judgment reinforces the jurisprudence that public health protection during disasters requires affirmative executive action, and that regulatory silence in the face of known harm amounts to constitutional failure. - [Hindustan Unilever Limited v. State of Madhya Pradesh, [2020] 9 SCR 455](https://lawfoyer.in/hindustan-unilever-limited-v-state-of-madhya-pradesh-2020-9-scr-455/) - The judgment in Hindustan Unilever Limited v. State of Madhya Pradesh examines the interplay between corporate criminal liability, vicarious liability of nominated officers, and the effect of repeal and savings clauses under Indian criminal jurisprudence. The Supreme Court was required to decide whether prosecution and punishment under the Prevention of Food Adulteration Act, 1954 could continue despite its repeal by the Food Safety and Standards Act, 2006, and whether a nominated officer could be convicted independently when the company itself was not convicted. The Court reaffirmed the settled doctrine under Section 6 of the General Clauses Act, 1897 and Section 97 of the 2006 Act, holding that repeal does not extinguish pending prosecutions or liabilities unless a contrary intention is expressly stated. It categorically rejected the argument that the accused could claim the benefit of the milder penal regime under the 2006 Act. More significantly, the judgment clarifies that Section 17 of the 1954 Act creates conjoint and not alternative liability. The Court held that the company and the nominated person form an inseparable unit for the purpose of prosecution. In the absence of conviction of the company, conviction of the nominated officer alone was held to be legally unsustainable. The Court further deprecated the High Court’s decision to remand the matter after three decades to cure a fundamental defect, holding such remand to be unfair, prejudicial, and contrary to principles of criminal justice. The ruling strengthens safeguards against prolonged criminal trials and reinforces strict compliance with statutory requirements in corporate prosecutions. - [Shanti Devi alias Shanti Mishra v. Union of India & Ors., [2020] 12 SCR 279](https://lawfoyer.in/shanti-devi-alias-shanti-mishra-v-union-of-india-ors-2020-12-scr-279/) - The judgment examines the contours of territorial jurisdiction under Article 226(2) of the Constitution of India in the context of pensionary disputes of a retired employee. The Supreme Court addressed whether a writ petition challenging the stoppage of pension and recovery of pension amounts could be entertained by the Patna High Court when the employee had served in West Bengal but was receiving pension at his native place in Bihar. The Court clarified that cause of action must be assessed from the bundle of facts giving rise to the grievance and not merely from the place of employment or location of the authority. The Court distinguished between two writ petitions filed by the deceased employee. The first writ petition related to refund of allegedly illegal deductions from provident fund and was dismissed for lack of territorial jurisdiction. The subsequent writ petition challenged a later administrative action involving stoppage of pension after eight years and recovery of a substantial amount already paid. The Supreme Court held that these petitions arose from distinct causes of action, and dismissal of the earlier petition did not bar the later one. Significantly, the Court reaffirmed that receipt of pension and its stoppage at the place of residence constitutes an integral part of cause of action. The hardship caused to a retired employee was emphasized, and the doctrine of forum non conveniens was held inapplicable. The judgment restores the writ petition before the Patna High Court and grants interim relief of provisional pension to the widow, reinforcing the constitutional mandate of access to justice. - [Vetindia Pharmaceuticals Limited v. State of Uttar Pradesh and Another, [2020] 9 SCR 607](https://lawfoyer.in/vetindia-pharmaceuticals-limited-v-state-of-uttar-pradesh-and-another-2020-9-scr-607/) - The judgment examines the legality, proportionality, and procedural validity of an indefinite blacklisting order passed against a licensed pharmaceutical manufacturer without any direct supply of the drug to the State authority. The dispute arose from allegations of misbranding of a veterinary drug, based on a State Analyst’s report, even though the appellant was neither a successful tenderer nor a supplier under the concerned tender. The Supreme Court scrutinised the scope of tender conditions, principles of natural justice, and the constitutional limits on administrative discretion while imposing blacklisting. The Court held that blacklisting is a drastic civil consequence amounting to commercial civil death and therefore mandates strict adherence to procedural safeguards. It reaffirmed that a show-cause notice must expressly or by necessary implication disclose the proposed action of blacklisting. Invocation of tender clauses against a non-supplier was held to be a fundamental jurisdictional error reflecting complete non-application of mind. On the issue of delay, the Court clarified that limitation does not strictly apply to writ jurisdiction under Article 226, and delay cannot defeat relief where the illegality is continuing and the petitioner has been diligently pursuing remedies. The judgment also reiterated that permanent or excessively long blacklisting is arbitrary and disproportionate, ordinarily exceeding permissible administrative limits. The decision strengthens procedural fairness in public procurement, restricts arbitrary blacklisting, and balances State power with constitutional equity. - [UMC Technologies Private Limited v. Food Corporation of India & Anr., [2020] 13 S.C.R. 1175](https://lawfoyer.in/umc-technologies-private-limited-v-food-corporation-of-india-anr-2020-13-s-c-r-1175/) - The judgment addresses the legality of blacklisting by a State instrumentality in the absence of a clear and specific show cause notice. The appellant, a private recruitment agency, was awarded a contract by the Food Corporation of India for conducting recruitment examinations for watchmen. Following allegations of question paper leakage during an examination conducted by the appellant, the Corporation terminated the contract and blacklisted the appellant for five years. The appellant restricted its challenge before the Supreme Court only to the order of blacklisting. The Court examined whether the principles of natural justice were complied with prior to the imposition of blacklisting. It held that blacklisting has grave civil consequences, including stigmatization, loss of reputation, and long-term exclusion from government contracts. Such an action therefore mandates a prior, unambiguous, and particularized show cause notice clearly indicating the proposed penalty of blacklisting. The show cause notice issued to the appellant merely referred to contractual breaches and vaguely stated that “appropriate action” would be taken. It neither expressly proposed blacklisting nor permitted such inference. The Court reiterated that an administrative authority cannot travel beyond the scope of the show cause notice. The existence of a contractual clause referring to blacklisting does not cure the defect of a deficient notice. Relying on settled precedents including Erusian Equipment, Raghunath Thakur, and Gorkha Security Services, the Court quashed the blacklisting order while leaving the termination of contract undisturbed. The ruling reinforces procedural fairness as a non-negotiable requirement in State actions involving penal civil consequences. - [Rattan Singh & Ors. v. Nirmal Gill & Ors., [2020] 12 S.C.R. 422](https://lawfoyer.in/rattan-singh-ors-v-nirmal-gill-ors-2020-12-s-c-r-422/) - The judgment adjudicates a complex intra-family property dispute founded on allegations of fraud, impersonation, and misuse of fiduciary trust in execution of a General Power of Attorney and multiple sale deeds. The plaintiff alleged that her step-brothers and step sister-in-law procured her signatures by deceit and used them to alienate her share in ancestral land through registered instruments executed in 1990. The Trial Court dismissed both suits for want of proof of fraud. The First Appellate Court substantially concurred, with marginal modification. The High Court, however, reversed concurrent findings, inferring fraud from circumstances and discrepancies. The Supreme Court restored the Trial Court and First Appellate Court findings, emphasizing settled principles governing registered documents, burden of proof, attestation, expert evidence, and limitation. It held that registration raises a presumption of genuineness and the initial burden lies on the party alleging fraud. Mere suspicion, familial confidence, or clerical inconsistencies cannot displace statutory presumptions. The Court reaffirmed that civil cases are decided on preponderance of probabilities and expert opinions are corroborative, not conclusive. On limitation, the Court held that Section 17 of the Limitation Act, 1963 requires proof of both fraud and discovery, which the plaintiff failed to establish. The judgment also delineates the limited scope of second appeals and condemns interference with concurrent factual findings based on conjecture. The ruling is significant for property law, evidence law, and civil procedure, reinforcing judicial restraint and evidentiary discipline in fraud-based challenges to registered conveyances. - [NTPC Ltd. (Simhadri Project) v. Rajiv Chakraborty, [2020] 13 SCR 1090](https://lawfoyer.in/ntpc-ltd-simhadri-project-v-rajiv-chakraborty-2020-13-scr-1090/) - The judgment delivered by the Supreme Court of India in NTPC Ltd. (Simhadri Project) v. Rajiv Chakraborty addresses the limited yet significant issue concerning the classification of creditor claims in the Information Memorandum prepared during a Corporate Insolvency Resolution Process under the Insolvency and Bankruptcy Code, 2016. The appellant, NTPC Ltd., contended that its claim ought to have been reflected under the category of Operational Creditors rather than being placed in the List of Other Creditors. The claim was, however, pending adjudication before an Arbitrator at the relevant time. The Court clarified the legal nature and purpose of the Information Memorandum, emphasizing that it is a disclosure document meant to present the financial position of the corporate debtor and does not operate as a determinative instrument adjudicating claims. The Resolution Professional, the Court held, lacks the statutory authority to accept, reject, or finally classify claims that remain sub judice before a competent forum. The judgment reinforces that a claim pending adjudication does not stand extinguished merely due to its categorization in the Information Memorandum and remains enforceable subject to final adjudication or operation of law. The decision thus preserves the rights of creditors whose claims are under adjudication while also protecting the integrity of the insolvency resolution framework by preventing premature adjudication by insolvency professionals. The Court left open all remedies available to the appellant against the final resolution plan, if aggrieved, thereby balancing procedural discipline with substantive justice. - [Kirpa Ram (Deceased) Through LRs & Ors. v. Surendra Deo Gaur & Ors., [2020] 13 SCR 1030](https://lawfoyer.in/kirpa-ram-deceased-through-lrs-ors-v-surendra-deo-gaur-ors-2020-13-scr-1030/) - The judgment resolves a long-standing dispute concerning civil court jurisdiction over land possession disputes where overlapping claims arise between two revenue estates. The Supreme Court examined whether a suit for permanent injunction based purely on possession is barred by statutory revenue laws, specifically Section 28 and Section 83 of the Delhi Land Revenue Act, 1954, read with Section 9 of the Code of Civil Procedure, 1908. The appellants contended that the controversy constituted a boundary dispute between Village Basai Darapur and Village Shakarpur and therefore lay exclusively within the jurisdiction of the revenue authorities. The Court rejected this contention and clarified the conceptual distinction between a boundary dispute between revenue estates and a dispute regarding identification and possession of private land. The Court reaffirmed that civil courts enjoy plenary jurisdiction unless expressly or impliedly barred. It held that the Land Revenue Act does not provide any mechanism for granting injunctions relating to possession, thereby preserving civil court jurisdiction. The judgment also addresses procedural aspects concerning Order XLI Rule 27 CPC and reiterates settled law on Section 100 CPC, holding that a High Court is not bound to frame a substantial question of law where none arises. This decision strengthens the doctrinal clarity on jurisdictional overlap between civil courts and revenue authorities and reinforces access to civil remedies under the maxim ubi jus ibi remedium. - [M/s. Fertico Marketing and Investment Pvt. Ltd. and Others v. Central Bureau of Investigation and Another, [2020] 12 S.C.R. 956](https://lawfoyer.in/m-s-fertico-marketing-and-investment-pvt-ltd-and-others-v-central-bureau-of-investigation-and-another-2020-12-s-c-r-956/) - The judgment in M/s. Fertico Marketing and Investment Pvt. Ltd. and Others v. Central Bureau of Investigation and Another addresses the scope, nature, and legal consequences of consent under Section 6 of the Delhi Special Police Establishment Act, 1946 in the context of investigations conducted by the Central Bureau of Investigation within a State. The case arose from allegations of diversion and black-marketing of coal supplied under a Fuel Supply Agreement, allegedly executed through collusion between private company officials and State Government public servants. The principal challenge before the Court related to the legality of the CBI investigation on the ground that prior consent of the State Government had not been obtained before registration of the FIR and completion of investigation. The Supreme Court undertook a detailed examination of the federal scheme underlying Sections 5 and 6 of the DSPE Act, the distinction between private individuals and public servants, and the jurisprudence governing procedural irregularities in investigation. The Court clarified that no consent under Section 6 is required for investigation against private individuals, where general consent exists. In relation to public servants of the State Government, the Court held that post-facto consent granted by the State Government was valid in law, particularly where the accused were not named in the FIR and where no prejudice or miscarriage of justice was demonstrated. Relying upon settled precedents such as H.N. Rishbud v. State of Delhi and Union of India v. Prakash P. Hinduja, the Court reaffirmed that defects or irregularities in investigation do not vitiate criminal proceedings unless they result in failure of justice. The judgment reinforces doctrinal clarity on federal consent, investigative jurisdiction of the CBI, and the prejudice test under criminal procedure, while remitting unresolved ancillary issues back to the High Court for determination. - [Ram Sharan Maurya and Others v. State of Uttar Pradesh and Others, [2020] 12 S.C.R. 466](https://lawfoyer.in/ram-sharan-maurya-and-others-v-state-of-uttar-pradesh-and-others-2020-12-s-c-r-466/) - The judgment in Ram Sharan Maurya and Others v. State of U.P. and Others examines the legality and constitutional validity of fixation of minimum qualifying marks for the Assistant Teacher Recruitment Examination-2019 (ATRE-2019) conducted by the State of Uttar Pradesh. The dispute arose primarily from challenges mounted by Shiksha Mitras, ex-servicemen, and persons with disabilities against the post-examination prescription of qualifying cut-off marks at 65% for General category candidates and 60% for reserved categories. The appellants contended that such fixation was arbitrary, retrospective, discriminatory, and violative of Articles 14 and 16 of the Constitution. The Supreme Court undertook an extensive examination of the statutory framework governing teacher recruitment, including the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981, the National Council for Teacher Education Act, 1993, and the Right of Children to Free and Compulsory Education Act, 2009. A crucial issue concerned the authority of the National Council for Teacher Education (NCTE) to prescribe eligibility norms, including permitting B.Ed. candidates to teach Classes I to V subject to a six-month bridge course, as laid down in its Notification dated 28.06.2018. The Court upheld the power of the State Government to determine minimum qualifying marks “from time to time” under Rule 2(1)(x) read with Rule 14 of the 1981 Rules, even after the conduct of the examination, provided the decision is free from mala fides and aligned with the objective of selecting meritorious teachers. The judgment reaffirms the primacy of educational quality under Article 21A and validates the State’s policy decision to raise standards to ensure competent primary education. - [Securities and Exchange Board of India v. Udayant Malhouta, [2020] 14 S.C.R. 327](https://lawfoyer.in/securities-and-exchange-board-of-india-v-udayant-malhouta-2020-14-s-c-r-327/) - The judgment in Securities and Exchange Board of India v. Udayant Malhouta addresses the contours of SEBI’s power to pass ex-parte interim orders, particularly in cases alleging insider trading under the SEBI (Prohibition of Insider Trading) Regulations, 2015. The dispute arose from allegations that the respondent, being the Chief Executive Officer and Managing Director of the listed company, had traded in company shares while allegedly in possession of unpublished price sensitive information relating to unaudited financial results. Acting on this allegation, SEBI issued an ex-parte interim order directing the respondent to deposit a quantified amount representing notional loss allegedly averted. The Securities Appellate Tribunal set aside this interim order on the ground that no extreme urgency existed, especially since the investigation had been pending since 2017 and information had already been supplied in 2019. The Supreme Court, while affirming the Tribunal’s conclusion on facts, clarified that SEBI does possess statutory authority under Section 11(4) of the SEBI Act, 1992 to pass interim orders, including ex-parte directions, but such powers must be exercised in accordance with statutory parameters and factual necessity. Importantly, the Court held that the interpretation of law made by the Tribunal concerning SEBI’s powers should not be treated as precedent. The ruling thus balances investor protection with procedural fairness, reinforcing that regulatory urgency must be real, demonstrable, and proportionate to the action taken. - [Jayantilal Verma v. State of M.P. (now Chhattisgarh), [2020] 12 S.C.R. 411](https://lawfoyer.in/jayantilal-verma-v-state-of-m-p-now-chhattisgarh-2020-12-s-c-r-411/) - The decision examines the evidentiary standards applicable in cases of homicidal death occurring within the privacy of a matrimonial home. The Supreme Court was concerned with a conviction under Section 302 of the Indian Penal Code, 1860 for the murder of a wife by strangulation, where the prosecution case substantially rested on circumstantial evidence, medical testimony, and the statement of a solitary witness. The Court scrutinised whether the absence of multiple eyewitnesses, hostile witnesses, and the non-recovery of the weapon of offence could dilute the prosecution’s case. The judgment reiterates that when a death occurs in the exclusive domain of the accused, particularly within the matrimonial household, the burden on the prosecution is comparatively lighter once foundational facts are established. In such circumstances, Section 106 of the Indian Evidence Act, 1872 assumes critical relevance, placing an obligation on the accused to offer a plausible explanation for the cause of death. Mere denial under Section 313 of the Code of Criminal Procedure, 1973 was held insufficient. The Court upheld the conviction of the husband, relying on consistent testimony of the deceased’s brother, corroborated by medical evidence indicating death by strangulation. At the same time, the Court showed sentencing sensitivity by directing the State to consider premature release after completion of fourteen years of actual imprisonment. The judgment reinforces settled principles relating to circumstantial evidence, hostile witnesses, and domestic homicide within the privacy of the home. - [M/s Kaledonia Jute and Fibres Pvt. Ltd. v. M/s Axis Nirman and Industries Ltd. & Ors., [2020] 11 SCR 800](https://lawfoyer.in/m-s-kaledonia-jute-and-fibres-pvt-ltd-v-m-s-axis-nirman-and-industries-ltd-ors-2020-11-scr-800/) - The judgment resolves a significant conflict arising during the transition from the Companies Act, 1956 regime to the Insolvency and Bankruptcy Code, 2016. The Supreme Court examined whether a winding-up proceeding, already admitted and advertised by a High Court, could be transferred to the National Company Law Tribunal at the instance of a financial creditor who was not the original petitioning creditor. The dispute emerged against the backdrop of overlapping jurisdictions between Company Courts and the NCLT, especially where insolvency proceedings under Section 7 of the IBC run parallel to winding-up proceedings. The Court interpreted Section 434(1)(c) of the Companies Act, 2013, including its fifth proviso inserted by the IBC (Second Amendment) Act, 2018. A detailed examination of Rules 5 and 6 of the Companies (Transfer of Pending Proceedings) Rules, 2016 and Rule 26 of the Companies (Court) Rules, 1959 was undertaken to determine the stage at which transfer is permissible. The Court clarified that while Rules 5 and 6 restrict automatic transfer once service under Rule 26 is completed, these restrictions do not apply where transfer is sought under the fifth proviso to Section 434(1)(c). Importantly, the Court held that winding-up proceedings are proceedings in rem, and any creditor of the company is a “party” entitled to seek transfer. Allowing parallel proceedings would defeat the object of the IBC. Consequently, the Supreme Court set aside the High Court’s refusal and directed transfer of the winding-up proceedings to the NCLT to be heard along with the Section 7 application. - [Intellectual Property Rights and Competition Law](https://lawfoyer.in/intellectual-property-rights-and-competition-law/) - Intellectual Property Rights (IPRs) and Competition Law are both necessary for innovation and economic growth. IPRs create exclusive rights while Competition Law seeks to correct market failures caused by monopolies and restrictive practices. Tension arises when IPRs are used to restrict competition beyond the intended scope. - [Personality Rights as an Emerging Intellectual Property in India](https://lawfoyer.in/personality-rights-as-an-emerging-intellectual-property-in-india/) - Personality rights in India empower individuals to control the commercial use of their identity, including name, image, likeness, or other distinctive traits. These rights, though not explicitly codified, have been recognized through judicial interpretations, intertwining with the right to privacy under Article 21 of the Indian Constitution... - [RGNUL–SAM LEGISLATION DRAFTING COMPETITION, 2026 | Centre for Advanced Studies in Cyber Law and Artificial Intelligence (CASCA), Rajiv Gandhi National University of Law (RGNUL), Punjab | Last Date to Register for the Event - 15th January 2026](https://lawfoyer.in/rgnul-sam-legislation-drafting-competition-2026-centre-for-advanced-studies-in-cyber-law-and-artificial-intelligence-casca-rajiv-gandhi-national-university-of-law-rgnul-punjab-last/) - RGNUL–SAM LEGISLATION DRAFTING COMPETITION, 2026 | Centre for Advanced Studies in Cyber Law and Artificial Intelligence (CASCA), Rajiv Gandhi National University of Law (RGNUL), Punjab | Last Date to Register for the Event - 15th January 2026 - [Rusoday Securities Ltd. v. National Stock Exchange of India Ltd. & Ors., [2020] 13 S.C.R. 218](https://lawfoyer.in/rusoday-securities-ltd-v-national-stock-exchange-of-india-ltd-ors-2020-13-s-c-r-218/) - The judgment examines the scope of regulatory powers of a recognised stock exchange and its clearing corporation under the Securities Contracts (Regulation) Act, 1956, particularly in relation to the issuance and enforceability of operational circulars governing trading exposure limits, capital adequacy, withdrawal of trading facilities, closing out of open positions, expulsion of members, and realisation of security deposits and withheld securities. The Supreme Court addressed whether a circular dated 19.05.1997, prescribing gross exposure limits and consequences of breach, required prior approval of the Central Government or SEBI, and whether such circular was ultra vires the Byelaws of the National Stock Exchange. The Court upheld the validity and binding nature of the circular, holding that operational parameters fall within the autonomous regulatory domain of the Exchange under its approved Byelaws and do not require separate governmental approval. It further clarified the distinction between withdrawal of trading facility and expulsion from membership, holding that obligations relating to capital adequacy and security deposits continue even during suspension of trading rights. The judgment also draws a clear legal line between security deposits and withheld securities, elaborating on statutory lien, vesting, declaration of defaulter, and the applicability of equitable principles such as nemo dat quod non habet, fiduciary duties, and constructive trust. The decision provides authoritative clarity on the enforceability of exchange circulars, the scope of residuary powers under exchange byelaws, and the legal framework governing realisation of assets of defaulting trading members, thereby strengthening market discipline and regulatory certainty. - [Venkatesan Balasubramaniyan v. The Intelligence Officer, D.R.I. Bangalore, [2020] 9 SCR 942](https://lawfoyer.in/venkatesan-balasubramaniyan-v-the-intelligence-officer-d-r-i-bangalore-2020-9-scr-942/) - The judgment examines the interplay between default bail under Section 167(2) of the Code of Criminal Procedure, 1973 and cancellation of such bail under Section 439(2) CrPC in the context of offences under the Narcotic Drugs and Psychotropic Substances Act, 1985. The case arose from a coordinated investigation by different zonal units of the Directorate of Revenue Intelligence involving recovery of commercial quantity of psychotropic substances at different locations but forming part of a single transaction. The accused were granted default bail by the Special Court at Hyderabad on the ground that the complaint was not filed within 180 days. However, it later emerged that a combined complaint encompassing both recoveries had already been filed within the statutory period before the Special Court at Omerga, Maharashtra. The Supreme Court addressed whether miscommunication or non-disclosure of the filing of a combined complaint could confer an indefeasible right to default bail. The Court reaffirmed that default bail is not an absolute right divorced from factual reality and statutory compliance. Where the complaint is filed within the prescribed period before a competent court having jurisdiction, default bail granted due to an erroneous assumption can be cancelled under Section 439(2) CrPC. The judgment reinforces the principle that procedural lapses or administrative miscommunication cannot defeat substantive justice in serious NDPS offences. It also clarifies jurisdictional competence, continuity of offence, and the legal permissibility of filing a consolidated complaint covering multiple recoveries forming part of the same conspiracy. - [Chief Executive Officer and Vice Chairman, Gujarat Maritime Board v. Asiatic Steel Industries Ltd. & Ors., [2020] 10 SCR 375](https://lawfoyer.in/chief-executive-officer-and-vice-chairman-gujarat-maritime-board-v-asiatic-steel-industries-ltd-ors-2020-10-scr-375/) - The judgment examines the obligation of a statutory maritime authority to act fairly while refunding contractual consideration and interest where a public contract becomes commercially unviable due to the authority’s inaction. The dispute arose from the allotment of a ship-breaking plot by the Gujarat Maritime Board, where despite receipt of earnest money and substantial premium, the allotted land remained unusable owing to unremoved rocks and lack of infrastructure. The respondent company sought refund with interest after prolonged correspondence and inaction by the Board. The Supreme Court scrutinised whether interest could be awarded in the absence of an express contractual clause and without a formal finding of breach. The Court emphasised that interest is compensatory in nature, especially where a public authority retains money without justification. It held that arbitrariness, discrimination, and deliberate inaction by a State instrumentality violate constitutional norms of fairness under Article 14 of the Constitution of India. While affirming the High Court’s direction to refund the principal with interest, the Supreme Court corrected the commencement date for interest calculation, holding that interest could only accrue from the date on which the full consideration was actually paid and not from the earlier date of earnest money deposit. The judgment reinforces that public bodies cannot compel parties to litigate for legitimate refunds and must act proactively, transparently, and equitably. - [Tej Bahadur v. Shri Narendra Modi, [2020] 13 SCR 554](https://lawfoyer.in/tej-bahadur-v-shri-narendra-modi-2020-13-scr-554/) - The judgment addresses the foundational requirement of locus standi in election petitions under the Representation of the People Act, 1951. The Supreme Court examined whether a person whose nomination paper was rejected for non-compliance with mandatory statutory requirements could maintain an election petition questioning the election of a returned candidate. The appellant, a former Border Security Force employee dismissed from service, challenged the election of the respondent from the Varanasi Parliamentary Constituency after his nomination was rejected due to non-submission of a mandatory certificate under Section 33(3) read with Section 9(2) of the Act. The Court analysed the statutory meaning of “candidate” under Section 79(b) and the scope of Section 81 governing who may present an election petition. The Court reaffirmed that compliance with nomination requirements is a condition precedent to claiming the status of a candidate. The absence of the certificate rendered the nomination legally non est. The Court further upheld the power of courts to summarily reject election petitions lacking cause of action under Order VII Rule 11 CPC and Section 86(1) of the Act. The judgment reinforces strict statutory interpretation in election law and discourages frivolous or speculative election challenges. - [B. K. Ravichandra & Ors. v. Union of India & Ors., [2020] 12 SCR 974](https://lawfoyer.in/b-k-ravichandra-ors-v-union-of-india-ors-2020-12-scr-974/) - The judgment examines the legality of continued occupation of privately owned immovable property by the Union of India after the statutory lapse of the Requisitioning and Acquisition of Immovable Properties Act, 1952. The appellants, successors-in-interest of the original landowner, challenged the refusal of the Karnataka High Court to direct restoration of possession despite categorical findings that the lands were never lawfully acquired. The Supreme Court scrutinized the legal character of requisition, emphasizing its inherently temporary nature and the impermissibility of its conversion into de facto acquisition without statutory sanction. The Court reaffirmed that although the right to property no longer enjoys the status of a fundamental right, it remains a valuable constitutional right under Article 300-A, deeply anchored in the rule of law. The judgment condemns executive lawlessness and judicial condonation thereof, holding that continued possession after 1987 was unconstitutional and illegal. It underscores the judiciary’s constitutional role as a protector of liberties and rejects the notion that public purpose or national defense can justify unlawful deprivation. The Court ordered restitution of possession within a fixed timeframe and permitted fresh arbitration for compensation for continued unlawful occupation. The ruling reinforces constitutional accountability of the State and decisively curtails indefinite executive possession without authority of law. - [Director General of Police, Railway Protection Force & Ors. v. Rajendra Kumar Dubey, [2020] 13 SCR 1191](https://lawfoyer.in/director-general-of-police-railway-protection-force-ors-v-rajendra-kumar-dubey-2020-13-scr-1191/) - The judgment authoritatively delineates the constitutional limits on judicial review under Articles 226 and 227 of the Constitution of India in matters arising from departmental disciplinary proceedings. The Supreme Court examined the legality of interference by the Bombay High Court, Nagpur Bench, which had substituted the punishment of compulsory retirement imposed on a Railway Protection Force officer with reversion in rank and reinstatement with 50% back wages. The Court reaffirmed that a High Court exercising writ jurisdiction does not function as a court of appeal over disciplinary findings. Re-appreciation of evidence, reassessment of factual conclusions, or substitution of punishment is impermissible unless the disciplinary process is vitiated by violation of principles of natural justice, absence of evidence, perversity, arbitrariness, mala fides, or statutory non-compliance. The delinquent officer, holding a position of trust as a Sub-Inspector in the Railway Protection Force, was found guilty of gross neglect of duty leading to theft of railway property and consequent pecuniary loss. The Supreme Court emphasized the heightened standard of integrity expected from personnel entrusted with protection of public property. By restoring the order of compulsory retirement, the Court underscored that proportionality of punishment must be assessed with reference to the nature of duties, gravity of misconduct, and institutional discipline, and not on sympathetic considerations. The ruling consolidates long-standing service jurisprudence restricting judicial intervention in disciplinary matters and reinforces administrative autonomy in maintaining discipline within uniformed forces. - [Skoda Auto Volkswagen India Private Limited v. State of Uttar Pradesh & Ors., [2020] 11 S.C.R. 786](https://lawfoyer.in/skoda-auto-volkswagen-india-private-limited-v-state-of-uttar-pradesh-ors-2020-11-s-c-r-786/) - The judgment addresses the limits of judicial intervention at the stage of criminal investigation, particularly when allegations overlap with issues pending before a specialized environmental forum. The case arose from a challenge by a major automobile manufacturer seeking quashing of an FIR alleging cheating, forgery, criminal breach of trust, and conspiracy in relation to alleged installation of emission “defeat devices” in vehicles sold in India. The petitioner argued that the FIR was barred because the same subject matter was pending before the National Green Tribunal and this Court in connected civil appeals, and further that the complaint was vitiated by delay and factual inaccuracies. The Court reaffirmed the settled principle that criminal investigations cannot be interdicted merely because civil or environmental proceedings on overlapping subject matter are pending. The jurisdiction of the police to investigate cognizable offences remains intact so long as the FIR discloses the commission of an offence, even broadly. The Court emphasized that proceedings before the NGT were environmental and regulatory in nature and did not adjudicate individual consumer grievances or alleged misrepresentations made to specific purchasers. Questions relating to delay, number of vehicles purchased, existence of defeat devices, and alleged representations were held to be disputed questions of fact incapable of determination in proceedings under Section 482 of the Code of Criminal Procedure, 1973. The judgment consolidates jurisprudence discouraging premature quashing of FIRs and reiterates the doctrine of separation of functions between investigative agencies and constitutional courts. - [Manohar Lal Jat & Ors. v. State of Rajasthan & Ors., [2020] 11 SCR 948](https://lawfoyer.in/manohar-lal-jat-ors-v-state-of-rajasthan-ors-2020-11-scr-948/) - The judgment concerns the determination of inter se seniority between direct recruits and departmental promotees appointed to the newly created post of Tax Assistant under the Rajasthan Commercial Taxes Subordinate Services (General Branch) Rules, 1975. The controversy arose from the first-ever recruitment to a newly constituted cadre consisting of 554 posts, filled through two streams: 80% by direct recruitment and 20% by departmental promotion through examination. Separate advertisements were issued at different times, and though the direct recruitment process commenced earlier, departmental promotees were appointed earlier owing to administrative and procedural factors. The seniority list consequently placed departmental promotees above direct recruits, triggering litigation. The appellants argued that Rule 27, particularly its second proviso, mandated seniority based on the chronology of selection rather than appointment. The respondents contended that post the 2002 amendment, seniority was determined strictly from the date of appointment and that both recruitments formed part of a composite first selection. The Supreme Court undertook a detailed interpretative exercise of Rule 27, its provisos, and their legislative intent. It affirmed that the main rule governed seniority and that the proviso applied only when selections were from the same source. Administrative delay in issuing appointment orders to direct recruits did not vitiate the seniority determination. The Court upheld the seniority of departmental promotees, dismissing allegations of mala fides, and clarified the doctrinal limits of provisos in service jurisprudence. The ruling reinforces principles of statutory interpretation, service law equity, and administrative practicality. - [Noy Vallesina Engineering SpA v. Jindal Drugs Limited & Ors., [2020] 12 SCR 1019](https://lawfoyer.in/noy-vallesina-engineering-spa-v-jindal-drugs-limited-ors-2020-12-scr-1019/) - The judgment conclusively settles the long-standing controversy relating to the maintainability of petitions under Section 34 of the Arbitration and Conciliation Act, 1996 against foreign arbitral awards. The Supreme Court examined whether Indian courts can exercise supervisory jurisdiction over arbitral awards rendered outside India when the substantive law of the contract is Indian law, but the seat of arbitration is located abroad. The Court reaffirmed the territorial principle of arbitration and emphasized that the seat of arbitration is determinative of curial law and supervisory jurisdiction. It held that once parties have consciously chosen a foreign seat, Indian courts are excluded from entertaining challenges under Part I of the Act. The Court harmonized earlier conflicting precedents by clarifying the scope and applicability of Bhatia International and Venture Global in light of the Constitution Bench ruling in BALCO. The judgment also addressed the scope of appellate remedies under Section 50, holding that no appeal lies except as expressly provided, thereby barring Letters Patent Appeals or other appellate mechanisms in enforcement proceedings concerning foreign awards. This decision strengthens India’s pro-arbitration stance, aligns domestic arbitration jurisprudence with the New York Convention, and reinforces certainty in international commercial arbitration by preventing multiple and parallel challenges across jurisdictions. - [Arnab Manoranjan Goswami v. State of Maharashtra & Ors., [2020] 11 SCR 896](https://lawfoyer.in/arnab-manoranjan-goswami-v-state-of-maharashtra-ors-2020-11-scr-896/) - The judgment examines the constitutional limits on State power in criminal prosecution and the corresponding duty of constitutional courts to safeguard personal liberty. The Supreme Court scrutinised the arrest of the appellant under Section 306 read with Section 34 of the Indian Penal Code, 1860, arising out of allegations of non-payment of contractual dues leading to suicide. The Court analysed whether the First Information Report, even if taken at face value, disclosed the essential ingredients of abetment of suicide. Relying on a consistent line of precedent, the Court reaffirmed that mere financial disputes, business disagreements, or mental stress without active instigation, intentional aid, or proximate conduct cannot attract criminal liability under Section 306 IPC. The decision strongly criticises the failure of the Bombay High Court to conduct a prima facie evaluation of the FIR while exercising jurisdiction under Section 482 CrPC, and consequently declining interim bail under Article 226 of the Constitution. The Supreme Court emphasised that constitutional courts cannot abdicate their duty by mechanically relegating an accused to statutory remedies when personal liberty is at stake. The ruling reiterates that liberty is not to be sacrificed at the altar of procedural formalism. The judgment also clarifies the scope of further investigation after acceptance of an ‘A Summary’ and balances investigative autonomy with constitutional restraint. - [Madras Bar Association v. Union of India & Anr., [2020] 2 SCR 246](https://lawfoyer.in/madras-bar-association-v-union-of-india-anr-2020-2-scr-246/) - The decision in Madras Bar Association v. Union of India & Anr. represents a decisive reaffirmation of constitutional principles governing tribunalisation in India. The Supreme Court examined the constitutional validity of the Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and Other Conditions of Service of Members) Rules, 2020, framed under Section 184 of the Finance Act, 2017. The challenge was rooted in concerns of excessive executive control, dilution of judicial independence, short tenure of tribunal members, exclusion of advocates from eligibility, and retrospective application of subordinate legislation. The Court revisited a long line of precedents beginning from S.P. Sampath Kumar through L. Chandra Kumar and Rojer Mathew, reiterating that tribunals exercising judicial functions must conform to standards equivalent to constitutional courts. Emphasis was placed on judicial dominance in appointments, security of tenure, financial independence, and insulation from executive interference. A major constitutional intervention was the direction to constitute a National Tribunals Commission as an independent supervisory body. The Court also modified several provisions of the 2020 Rules relating to tenure, search-cum-selection committees, disciplinary control, eligibility of advocates and members of the Indian Legal Service, housing allowance, and timelines for appointments. The ruling strengthens the doctrine of separation of powers and reinforces that tribunals, though creatures of statute, cannot be reduced to executive-controlled bodies. It underscores that rule of law and access to justice are compromised when adjudicatory institutions lack independence, stability, and institutional dignity. - [Indian Commodity Exchange Limited v. Neptune Overseas Limited & Ors., [2020] 13 SCR 129](https://lawfoyer.in/indian-commodity-exchange-limited-v-neptune-overseas-limited-ors-2020-13-scr-129/) - The judgment in Indian Commodity Exchange Limited v. Neptune Overseas Limited & Ors. addresses the delicate balance between regulatory authority and procedural fairness under the Forward Contracts (Regulation) Act, 1952. The Supreme Court examined whether the proceedings initiated by the Forward Markets Commission suffered from violation of principles of natural justice, particularly in relation to supply of documents and grant of reasonable opportunity to respond. The dispute arose from allegations of serious trading irregularities and abuse of fiduciary position by the promoters of a recognised commodity exchange. The show cause notice issued was extensive, supported by voluminous documentation exceeding 4,000 pages, yet the respondents were provided limited time to reply. The Court scrutinised whether denial of adjournments and partial supply of documents vitiated the proceedings. It clarified that service of notice on a key individual holding dual roles could be deemed service on the corporate entity when facts justify piercing of the corporate veil. However, the Court emphasised that reliance on voluminous records obliges the regulator to furnish copies and adequate time. The judgment reiterates that natural justice is not a ritualistic formality but a substantive safeguard against arbitrary exercise of power. The ruling harmonises earlier jurisprudence on substantial compliance, test of prejudice, and reasonable opportunity, while directing a fresh adjudication by SEBI with procedural safeguards. It reinforces that regulatory efficiency cannot override fairness when serious civil and penal consequences ensue. - [Gajendra Sharma v. Union of India and Another [2020] 13 SCR 835](https://lawfoyer.in/gajendra-sharma-v-union-of-india-and-another-2020-13-scr-835/) - The writ petition arose in the backdrop of the unprecedented economic and social disruption caused by the COVID-19 pandemic and the nationwide lockdown imposed under the Disaster Management Act, 2005. The petitioner, a housing loan borrower, challenged the Reserve Bank of India Notification dated 27.03.2020 to the limited extent that it permitted accrual of interest during the moratorium period. The petitioner asserted that charging interest during a period when economic activity was suspended defeated the very purpose of the moratorium and infringed the right to life under Article 21 of the Constitution. The petition also invoked principles of natural justice and proportionality, arguing that the State could not simultaneously halt livelihoods and allow financial institutions to impose interest burdens. During the pendency of the petition, the Union of India placed on record a series of affidavits detailing policy measures undertaken to mitigate borrower distress. Central to the resolution was the Ministry of Finance Order dated 23.10.2020, approved by the Union Cabinet, introducing an ex-gratia scheme for waiver of the difference between compound interest and simple interest for specified categories of loans up to ₹2 crores, including housing loans. The petitioner acknowledged that his loan fell squarely within the eligibility framework of the scheme and expressed satisfaction with the relief granted. The Supreme Court, while recognising the magnitude of economic hardship caused by the pandemic, refrained from adjudicating the constitutional validity of the RBI notification. Instead, it disposed of the petition in view of subsequent executive policy decisions, directing effective implementation of the relief scheme so that its benefits reach eligible borrowers. The judgment underscores judicial restraint in economic policy matters during emergencies and affirms the State’s proactive role under disaster management jurisprudence. - [The State of Jharkhand & Ors. v. Brahmputra Metallics Ltd. & Anr., [2020] 14 S.C.R. 45](https://lawfoyer.in/the-state-of-jharkhand-ors-v-brahmputra-metallics-ltd-anr-2020-14-s-c-r-45/) - The judgment addresses the enforceability of fiscal incentives promised under a State industrial policy and the consequences of administrative delay in issuing statutory notifications. The dispute arose from the Jharkhand Industrial Policy, 2012, which assured 50 percent exemption from electricity duty for captive power plants for five years and mandated issuance of implementing notifications within one month. Despite the policy assurance, the State issued the exemption notification under Section 9 of the Bihar Electricity Duty Act, 1948 after nearly three years and applied it prospectively. The respondent industrial unit contended that such delay defeated the policy promise and violated the doctrine of promissory estoppel and legitimate expectation. The High Court struck down the prospective operation of the notification. On appeal, the Supreme Court examined the evolution of promissory estoppel, its distinction from legitimate expectation, and the standards of fairness binding State action under Article 14 of the Constitution of India. The Court held that while the State retains discretion in fiscal matters, it cannot act arbitrarily when it has made a clear representation inducing reliance. The unexplained delay and prospective application of the exemption were found to negate the solemn assurance contained in the policy. However, relief was confined strictly to the financial years consistent with the policy’s own stipulation that benefits accrue from the financial year following commencement of production. The judgment reinforces constitutional accountability in economic governance and clarifies the doctrinal boundaries between promissory estoppel and legitimate expectation in Indian administrative law. - [S. D. Containers Indore v. M/s Mold Tek Packaging Ltd., [2020] 12 SCR 1104](https://lawfoyer.in/s-d-containers-indore-v-m-s-mold-tek-packaging-ltd-2020-12-scr-1104/) - The decision in S. D. Containers Indore v. M/s Mold Tek Packaging Ltd. addresses the nuanced jurisdictional conflict arising at the intersection of the Design Act, 2000 and the Commercial Courts Act, 2015. The Supreme Court was called upon to clarify the legal mechanism governing the transfer of suits involving design infringement where the defendant raises a plea for cancellation of a registered design under Section 19 of the Design Act, 2000. The core controversy emerged from the improper reliance placed by the High Court on Godrej Sara Lee Ltd. v. Reckitt Benckiser Australia Pty. Ltd., leading to an erroneous conclusion that only the Controller of Designs possessed exclusive jurisdiction over cancellation proceedings. The Court undertook a meticulous statutory interpretation of Sections 19 and 22 of the Design Act, 2000, delineating the two independent remedies available for cancellation of registered designs. It reaffirmed that while Section 19 empowers any interested person to seek cancellation before the Controller, Section 22(4) mandates the transfer of an infringement suit to the High Court when revocation is pleaded as a defence. The judgment further clarified that the transfer is automatic and ministerial in nature once such defence is raised. The ruling decisively resolves the confusion concerning the appropriate High Court to which such suits must be transferred, holding that jurisdiction vests in the High Court within whose territorial limits the cause of action arises. By setting aside the High Court’s order and remitting the matter to the Madhya Pradesh High Court, Indore Bench, the Supreme Court reinforced jurisdictional discipline and procedural clarity in intellectual property litigation. - [Sandeep Kumar and Others v. State of Uttarakhand and Another, (2020) 13 SCR 848](https://lawfoyer.in/sandeep-kumar-and-others-v-state-of-uttarakhand-and-another-2020-13-scr-848/) - The judgment examines the legal sustainability of a conviction under Section 304B of the Indian Penal Code, 1860 concerning an alleged dowry death by poisoning. The appellants, being the husband and parents-in-law of the deceased, were acquitted by the Trial Court, but the High Court reversed the acquittal and imposed life imprisonment. The Supreme Court scrutinised whether the essential statutory ingredients of dowry death were satisfied and whether the High Court was justified in overturning a reasoned acquittal. The Court undertook a meticulous reappreciation of evidence relating to dowry demand, cruelty soon before death, and unnatural death. The prosecution case rested heavily on oral testimonies alleging a demand of Rs. 10 lakhs and a theory of poisoning. However, material contradictions among prosecution witnesses, absence of contemporaneous complaints, lack of medical or forensic proof of poisoning, and credible defence evidence regarding the deceased’s prolonged medical condition were found decisive. The judgment reiterates that Section 113B of the Evidence Act, 1872 creates a presumption only after the prosecution discharges its foundational burden. The Court clarified that suspicion, however grave, cannot replace proof, and appellate interference with acquittal is permissible only where findings are perverse or manifestly illegal. By restoring the Trial Court’s acquittal, the Court reaffirmed principles governing dowry death prosecutions, evidentiary standards in poisoning cases, and the limited scope of appellate reversal of acquittals. - [Paramvir Singh Saini v. Baljit Singh & Ors., [2020] 13 S.C.R. 770](https://lawfoyer.in/paramvir-singh-saini-v-baljit-singh-ors-2020-13-s-c-r-770/) - The judgment in Paramvir Singh Saini v. Baljit Singh & Ors. addresses the persistent failure of States, Union Territories, and central investigative agencies to meaningfully implement prior directions of the Supreme Court concerning installation and functioning of CCTV cameras in police stations and investigative offices. The Court examined compliance with its earlier order dated 03.04.2018 passed in Shafhi Mohammad v. State of Himachal Pradesh, which mandated videography of crime scenes and establishment of oversight mechanisms. Upon perusal of affidavits filed by several States and Union Territories, the Court found the disclosures grossly inadequate, vague, and evasive, particularly regarding the number, positioning, operational status, audio-video capability, and data retention period of CCTV cameras. The judgment emphasises that CCTV surveillance in police stations is not an administrative luxury but a constitutional necessity flowing from Article 21 of the Constitution of India. The Court laid down detailed directions regarding constitution of State Level and District Level Oversight Committees, allocation of funds, technical specifications of CCTV systems, responsibility of Station House Officers, preservation of footage, and accessibility of recordings for redressal of custodial violence, serious injuries, and deaths. The judgment also extended the mandate to central agencies such as CBI, NIA, ED, NCB, DRI, and SFIO. The Court reinforced accountability, transparency, and human rights protection as the core constitutional values underpinning these directions and treated non-compliance as a serious affront to rule of law. - [Sandeep Kumar and Others v. State of Uttarakhand and Another, [2020] 13 S.C.R. 848](https://lawfoyer.in/sandeep-kumar-and-others-v-state-of-uttarakhand-and-another-2020-13-s-c-r-848/) - The judgment concerns the scope and limits of Section 304B of the Indian Penal Code, 1860, dealing with dowry death, and the corresponding presumption under Section 113B of the Indian Evidence Act, 1872. The Supreme Court examined whether the High Court was justified in reversing an order of acquittal passed by the Sessions Court in a case alleging dowry death by poisoning. The deceased, married within seven years of her death, was found dead under circumstances alleged to be unnatural. The prosecution relied primarily on circumstantial evidence, assertions of dowry demand, and alleged poisoning. The Supreme Court undertook a meticulous reappreciation of evidence, emphasizing that proof of unnatural death and cruelty or harassment soon before death in connection with dowry demand are foundational requirements under Section 304B IPC. The Court found that the prosecution failed to establish poisoning as the cause of death, particularly in light of the Forensic Science Laboratory report negating the presence of poison and medical testimony suggesting alternate natural causes such as tuberculosis. The Court also scrutinized contradictions in testimonies regarding the alleged demand of ₹10 lakhs and found them irreconcilable. Importantly, the Court reiterated the settled principle that appellate courts should not lightly interfere with acquittals unless findings are perverse or manifestly illegal. Holding that the High Court exceeded its appellate jurisdiction, the Supreme Court restored the acquittal. - [Nimay Sah v. State of Jharkhand, [2020] 13 S.C.R. 566](https://lawfoyer.in/nimay-sah-v-state-of-jharkhand-2020-13-s-c-r-566/) - The judgment in Nimay Sah v. State of Jharkhand examines the evidentiary threshold required to sustain a conviction under Section 498-A read with Section 34 of the Indian Penal Code, 1860. The Supreme Court scrutinised the legality of the conviction of the appellant, who was the elder brother of the deceased’s husband, in a prosecution alleging dowry-related harassment. The case arose from allegations that the deceased woman was subjected to cruelty and harassment for a dowry demand of ₹10,000 shortly after her marriage, culminating in her unnatural death. While the husband and father-in-law were also tried, the present appeal was confined to the role attributed to the appellant-brother-in-law. The Court undertook a meticulous evaluation of oral testimonies and emphasised the distinction between generalised allegations and specific, cogent evidence required to establish cruelty within the meaning of Section 498-A IPC. It noted that the prosecution witnesses failed to attribute any definite acts of cruelty or persistent dowry demands to the appellant individually. The judgment reiterates that criminal liability cannot be fastened merely on the basis of familial proximity or omnibus allegations. It reinforces the principle that conviction under penal statutes demands proof beyond reasonable doubt, particularly when the charge concerns matrimonial cruelty implicating extended family members. The decision thus clarifies the scope of Section 498-A IPC and safeguards against its mechanical application, while balancing the legislative intent to curb dowry harassment with the fundamental requirement of fair trial and evidentiary rigour. - [Chaman Lal v. State of Himachal Pradesh, [2020] 12 SCR 1000](https://lawfoyer.in/chaman-lal-v-state-of-himachal-pradesh-2020-12-scr-1000/) - The judgment examines the legal permissibility of reversing an acquittal in an appeal under Section 378 of the Code of Criminal Procedure, 1973, in a prosecution concerning rape of a mentally retarded woman. The prosecutrix, whose IQ was assessed at 62, was found medically incapable of understanding the nature and consequences of sexual acts. The trial court had acquitted the accused primarily on grounds of delay in lodging the FIR and an erroneous appreciation of the prosecutrix’s mental capacity. The High Court reversed the acquittal after a complete re-appreciation of evidence, particularly medical and psychiatric testimony, and convicted the accused under Sections 376 and 506 of the Indian Penal Code, 1860. The Supreme Court affirmed the High Court’s decision, holding that the trial court’s approach was perverse and contrary to settled principles governing sexual offences involving persons of unsound mind. The Court clarified the scope of appellate powers in acquittal appeals, reiterating that where material evidence is ignored and conclusions are illogical, reversal is justified. The judgment significantly interprets clause fifthly of Section 375 IPC, emphasizing that consent obtained from a person incapable of understanding due to mental retardation is legally invalid. The Court underscored the obligation of courts to adopt a victim-centric approach in cases involving vulnerable persons and condemned exploitation of mental disability. The ruling reinforces judicial sensitivity towards sexual offences against persons with intellectual disabilities and strengthens the jurisprudence on appellate scrutiny of acquittals. - [Inderjit Singh Sodhi and Others v. The Chairman, Punjab State Electricity Board and Another, [2020] 11 SCR 966](https://lawfoyer.in/inderjit-singh-sodhi-and-others-v-the-chairman-punjab-state-electricity-board-and-another-2020-11-scr-966/) - The decision in Inderjit Singh Sodhi and Others v. The Chairman, Punjab State Electricity Board and Another addresses the limits of parity claims in service jurisprudence where promotional benefits are structured through distinct statutory channels for promotees and direct recruits. The controversy arose from the claim of time bound promotional scales by Assistant Engineers who had entered the cadre by promotion from Junior Engineer posts under the Punjab State Electricity Board Service of Engineers (Civil) Regulations, 1965. The appellants sought parity with juniors appointed through direct recruitment and granted higher scales under a later circular. The Supreme Court examined the architecture of the Regulations and two contemporaneous circulars issued in April and May 1990 providing for stagnation relief through time bound scales. The judgment clarifies that promotional benefits must strictly flow from the source and mode of recruitment. It underscores that a legal fiction created for limited categories cannot be expanded to obliterate statutory distinctions. The Court reaffirmed that dismissal of Special Leave Petitions does not constitute a declaration of law under Article 141 and cannot override a reasoned judgment of the Supreme Court. By relying on Bhakra Beas Management Board v. Krishan Kumar Vij, the Court harmonised service equality under Articles 14 and 16 of the Constitution of India with regulatory classification based on qualifications and recruitment channels. The ruling reinforces doctrinal clarity on stagnation schemes, parity claims, and the non-extension of benefits contrary to express regulatory intent. - [Skill Lotto Solutions Pvt. Ltd. v. Union of India & Ors., [2020] 13 SCR 151](https://lawfoyer.in/skill-lotto-solutions-pvt-ltd-v-union-of-india-ors-2020-13-scr-151/) - The writ petition questioned the constitutional validity of levying Goods and Services Tax on lottery transactions under the Central Goods and Services Tax Act, 2017, particularly challenging the inclusion of actionable claims within the statutory definition of goods under Section 2(52). The petitioner, an authorised distributor of State-run lotteries, alleged violation of Article 14 on the ground of hostile discrimination, arguing that only lottery, betting, and gambling were taxed while other actionable claims were excluded under Schedule III. The petition further contested the legislative competence of Parliament to expand the constitutional meaning of goods, contending that actionable claims stood excluded under established legal understanding as reflected in the Sale of Goods Act, 1930. The Court examined the scope of Article 32 maintainability, the nature of inclusive definitions under constitutional interpretation, and the effect of Article 246A inserted by the 101st Constitutional Amendment. Reliance was placed on the Constitution Bench ruling in Sunrise Associates, clarifying that lotteries are actionable claims and that such classification formed the ratio decidendi of that judgment. The Court also analysed the valuation mechanism under Section 15 read with Rule 31A of the CGST Rules, rejecting the plea to exclude prize money from the taxable value. The judgment upheld the constitutional validity of the impugned provisions, reaffirmed Parliament’s plenary taxing power under the GST regime, and reiterated judicial restraint in fiscal matters. The writ petition was dismissed in entirety. - [Sumedh Singh Saini v. State of Punjab and Another, [2020] 13 SCR 812](https://lawfoyer.in/sumedh-singh-saini-v-state-of-punjab-and-another-2020-13-scr-812/) - The judgment in Sumedh Singh Saini v. State of Punjab and Another examines the scope and discretionary contours of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, in the context of a prosecution revived after an extraordinary lapse of time. The case arises from allegations relating to the illegal abduction, custodial torture, and alleged murder of Balwant Singh Multani in the year 1991. Nearly twenty-nine years later, an FIR was lodged by the brother of the deceased, invoking serious penal provisions including Sections 364, 201, 344, 219, 120-B, and subsequently Section 302 of the Indian Penal Code. The appellant, a former Director General of Police, Punjab, sought anticipatory bail contending that the FIR was a second FIR on identical facts, that the delay was unexplained and fatal, and that the addition of Section 302 IPC was founded solely on statements of approvers recorded decades later. The State and the informant opposed the plea, asserting the gravity of allegations and the necessity of custodial interrogation. The Supreme Court, while consciously refraining from adjudicating the legality or maintainability of the FIR, focused on the limited question of entitlement to anticipatory bail. The Court emphasised the significance of prolonged delay, prior quashing proceedings in State of Punjab v. Davinder Pal Singh Bhullar, the appellant’s status as a retired senior police officer, and the procedural history relating to the belated addition of the murder charge. Ultimately, the Court held that the cumulative circumstances justified the grant of anticipatory bail, clarifying that such protection would not prejudice pending proceedings seeking quashing of the FIR. The decision reinforces the principle that anticipatory bail serves as a shield against arbitrary arrest, even in serious offences, when the factual matrix discloses exceptional features warranting judicial protection. - [Jayant Etc. v. State of Madhya Pradesh, [2020] 11 SCR 665](https://lawfoyer.in/jayant-etc-v-state-of-madhya-pradesh-2020-11-scr-665/) - The decision in Jayant Etc. v. State of Madhya Pradesh addresses the interface between the Mines and Minerals (Development and Regulation) Act, 1957 and the Code of Criminal Procedure, 1973 in the context of illegal mining, storage, and transportation of minor minerals. The Supreme Court examined whether a Judicial Magistrate can exercise powers under Section 156(3) CrPC to direct registration of an FIR for offences under the MMDR Act and the Rules framed thereunder, notwithstanding the statutory bar under Section 22 of the Act. The Court clarified the doctrinal distinction between the stage of investigation and the stage of cognizance, holding that the bar under Section 22 is attracted only when the Magistrate takes cognizance and issues process, and not at the pre-cognizance stage of directing investigation. The judgment further analysed the effect of compounding of offences under Section 23A MMDR Act, concluding that once an offence under the Act or the Rules is compounded, no further proceedings can continue in respect of such offences, though prosecution under the Indian Penal Code for distinct offences such as theft remains unaffected. The ruling harmonises environmental protection objectives with procedural criminal law, reinforces the autonomy of police investigation in cognizable offences, and reiterates the doctrine that offences under special statutes and the IPC can coexist when their ingredients are distinct. - [Pankjeshwar Sharma and Others v. State of Jammu & Kashmir and Others, [2020] 13 S.C.R. 198](https://lawfoyer.in/pankjeshwar-sharma-and-others-v-state-of-jammu-kashmir-and-others-2020-13-s-c-r-198/) - The judgment in Pankjeshwar Sharma and Others v. State of Jammu & Kashmir and Others examines the constitutional validity of appointments made to public service posts in deviation from the merit list prepared under statutory recruitment rules. The Supreme Court was confronted with a complex service law dispute arising from a prolonged recruitment process initiated in 1999 for the post of Sub-Inspector of Police (Executive) in the erstwhile State of Jammu and Kashmir. The litigation spanned over two decades and involved three distinct rounds of judicial scrutiny. The core controversy centered on whether appointments granted to twenty-two candidates—who were admittedly lower in merit than the appellants—could be sustained when such appointments were made pursuant to a concession recorded by the Supreme Court in earlier proceedings, and not strictly in accordance with the redrawn State-wise merit list. The appellants invoked Articles 14 and 16 of the Constitution of India, contending that denial of appointment to more meritorious candidates amounted to arbitrariness and hostile discrimination. The Court undertook an elaborate analysis of the doctrine of negative equality, reiterating that illegality or irregularity committed in favour of one candidate cannot be relied upon by others to claim similar relief. While holding that the appointments of the twenty-two candidates were irregular and not in conformity with recruitment rules, the Court declined to disturb them on equitable considerations, including long years of service, bonafide state action, and the need to bring quietus to prolonged litigation. The judgment draws a critical distinction between illegal and irregular appointments and reinforces settled principles governing public employment, merit-based selection, and constitutional equality. - [Telangana Power Generation Corporation Ltd. v. Andhra Pradesh Power Generation Corporation Ltd., [2020] 13 S.C.R. 987](https://lawfoyer.in/telangana-power-generation-corporation-ltd-v-andhra-pradesh-power-generation-corporation-ltd-2020-13-s-c-r-987/) - The judgment addresses a long-standing and complex service law dispute arising from the bifurcation of the erstwhile State of Andhra Pradesh under the Andhra Pradesh Reorganisation Act, 2014. The core controversy pertained to the allocation and distribution of employees of power sector undertakings between the newly formed State of Telangana and the residuary State of Andhra Pradesh. Following the appointed day, 02.06.2014, the respective power utilities failed to reach consensus on modalities for employee distribution as mandated under Section 82 of the Act. In the absence of agreement, the Telangana power utilities unilaterally relieved 1157 employees based predominantly on the principle of nativity, directing them to join Andhra Pradesh utilities. This action triggered multiple writ petitions before the High Court of Judicature at Hyderabad, which decisively rejected nativity as a valid criterion and quashed the unilateral action. The Supreme Court upheld the High Court’s ruling and, with the consent of parties, constituted a One-Man Committee headed by Justice D.M. Dharmadhikari (Retd.) to effectuate final allocation. The Committee’s process culminated in a Final Report, Supplementary Report, and a Concluding Report, collectively allocating 655 employees from Telangana to Andhra Pradesh and an equal reciprocal number in the reverse direction, subject to special categories such as spouse, medical, SC/ST, and retirement cases. A series of miscellaneous applications challenged the Committee’s mandate, methodology, reciprocity principle, and finality of allocation. The Supreme Court rejected all objections, reaffirmed the binding nature of the Committee’s conclusions, and clarified that no employee, utility, or association could challenge the finalized allocation before any forum. The judgment reinforces statutory intent, administrative equity, and finality in post-reorganisation service matters. - [QUIZ COMPETIITON ON UNLAWFUL ACTIVITIES (PREVENTION) ACT | Organized by CANONSPHERE LAW REVIEW | Register by January 7, 2026](https://lawfoyer.in/quiz-competiiton-on-unlawful-activities-prevention-act-organized-by-canonsphere-law-review-register-by-january-7-2026/) - QUIZ COMPETIITON ON UNLAWFUL ACTIVITIES (PREVENTION) ACT | Organized by CANONSPHERE LAW REVIEW | Register by January 7, 2026 - [Amish Devgan v. Union of India and Others, [2020] 14 S.C.R. 198](https://lawfoyer.in/amish-devgan-v-union-of-india-and-others-2020-14-s-c-r-198/) - The judgment in Amish Devgan v. Union of India and Others addresses the constitutional and statutory boundaries of hate speech, freedom of speech and expression, and criminal process in the context of televised media debates. The case arose from allegedly offensive remarks made by the petitioner during a live news debate concerning The Places of Worship (Special Provisions) Act, 1991, wherein references were made to Pir Hazrat Khwaja Moinuddin Chishti, a revered Sufi saint. Multiple FIRs were registered across several States invoking Sections 153A, 295A and 505(2) of the Indian Penal Code, 1860. The petitioner sought quashing of FIRs, protection from arrest, and consolidation of proceedings under Article 32 of the Constitution. The Supreme Court undertook an extensive doctrinal and comparative analysis of hate speech jurisprudence, identifying three determinative elements—content, intent, and harm. The Court clarified that Section 295A IPC criminalises only aggravated and malicious insults to religion and does not penalise mere offensive or careless speech. It emphasised that the evaluation of hate speech requires contextual and factual inquiry, rendering premature quashing inappropriate at the FIR stage. The Court rejected the plea for quashing but granted interim protection from arrest, subject to cooperation with investigation. Applying the doctrine against multiplicity of FIRs, all subsequent FIRs were directed to be transferred and clubbed with the first FIR at Ajmer. The judgment reinforces constitutional balance between free speech and public order while preserving investigative autonomy. - [The Project Director, Project Implementation Unit v. P.V. Krishnamoorthy & Ors., [2020] 14 SCR 86](https://lawfoyer.in/the-project-director-project-implementation-unit-v-p-v-krishnamoorthy-ors-2020-14-scr-86/) - The Supreme Court in The Project Director, Project Implementation Unit v. P.V. Krishnamoorthy & Ors. authoritatively examined the scope of legislative and executive competence of the Union of India under Articles 246, 248 and Entry 23 of List I of the Seventh Schedule concerning declaration and construction of national highways over green-field lands. The controversy arose from challenges to notifications issued under Sections 2(2) and 3A(1) of the National Highways Act, 1956 for acquisition of lands for the Chennai–Krishnagiri–Salem National Corridor under Bharatmala Pariyojana – Phase I. The Madras High Court had partially invalidated the acquisition on grounds of lack of legislative competence, arbitrariness in route realignment, and absence of prior environmental clearance. The Supreme Court reversed these findings and held that the 1956 Act empowers the Central Government to declare any land, including non-existing roads and green-field lands, as national highways. The Court applied the doctrine of pith and substance to affirm Parliament’s exclusive domain over national highways and clarified that Entry 13 of List II does not dilute Entry 23 of List I. The Court further held that prior environmental or forest clearance is not a precondition for issuing notifications under Sections 2(2) or 3A, and such clearance is required only before commencement of actual construction. The judgment also clarified judicial restraint in policy decisions, especially infrastructure planning, and laid down a crucial interpretative mechanism under Article 142 to exclude time spent in environmental clearance from the statutory lapse period under Section 3D(3). The decision reinforces federal balance, sustainable development jurisprudence, and limits of judicial review in land acquisition for national infrastructure projects. - [Daulat Singh (D) Thr. LRs v. State of Rajasthan & Ors., [2020] 11 SCR 845](https://lawfoyer.in/daulat-singh-d-thr-lrs-v-state-of-rajasthan-ors-2020-11-scr-845/) - The judgment examines the legality of reopening concluded ceiling proceedings and the validity of a registered gift deed executed prior to statutory cut-off dates under Rajasthan land ceiling laws. The dispute arose when land gifted by an agriculturist father to his son in 1963 was later subjected to reopening under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973. The State authorities alleged that the transfer was invalid due to absence of acceptance and that the land exceeded the permissible ceiling limit. The Supreme Court undertook a detailed analysis of Section 15 of the Ceiling Act, 1973, determining the limitation framework governing reopening of settled cases. It clarified that the crucial dates are the date of the earlier final order and the issuance of the show-cause notice, and not the final reopening order. The Court also exhaustively examined Sections 122 and 123 of the Transfer of Property Act, 1882, reiterating that acceptance of a gift need not be express and may be inferred from conduct, possession, and surrounding circumstances. By relying upon documentary evidence, mutation records, and statements of both donor and donee, the Court held that acceptance was clearly established. Further, the Court harmonized Sections 30C, 30D, and 30DD of the Rajasthan Tenancy Act, 1955, emphasizing the overriding nature of Section 30DD, which protects bona fide agricultural transfers made before 31 December 1969. The judgment reinforces statutory intent to protect genuine family transfers among agriculturists and curtails arbitrary resumption of land by the State. - [Anita Sharma & Ors. v. The New India Assurance Co. Ltd. & Anr., [2020] 12 SCR 1118](https://lawfoyer.in/anita-sharma-ors-v-the-new-india-assurance-co-ltd-anr-2020-12-scr-1118/) - The decision in Anita Sharma v. The New India Assurance Co. Ltd. constitutes a significant reaffirmation of the settled principles governing adjudication of motor accident compensation claims under the Motor Vehicles Act, 1988. The Supreme Court was called upon to examine whether the High Court was justified in reversing a reasoned award of the Motor Accident Claims Tribunal by discarding the testimony of a sole independent eyewitness and by importing standards of proof akin to criminal trials. The judgment analyses the evidentiary value of eyewitness testimony rendered by a disinterested bystander acting as a Good Samaritan, the legal consequences of failure to cross-examine a crucial witness, and the improper shifting of burden of proof upon claimants. The Court reiterates that MACT proceedings are summary in nature and governed by preponderance of probabilities, not proof beyond reasonable doubt. It also clarifies the limited evidentiary worth of an FIR lodged on hearsay and at a belated stage. Importantly, the Court emphasises that the non-examination of an interested respondent who pleads an alternative version of events may give rise to an adverse inference. The ruling further aligns compensation jurisprudence with the principles laid down in National Insurance Co. Ltd. v. Pranay Sethi by granting future prospects to the deceased’s income. The judgment thus restores claimant-centric justice and reinforces the benevolent object of accident compensation law. - [The State of Madhya Pradesh & Anr. v. U.P. State Bridge Corporation Ltd. & Anr., [2020] 11 SCR 821](https://lawfoyer.in/the-state-of-madhya-pradesh-anr-v-u-p-state-bridge-corporation-ltd-anr-2020-11-scr-821/) - The judgment adjudicates upon the legality of rejection of technical bids in a public procurement process and delineates the boundaries of judicial review in tender matters. The dispute arose from a Notice Inviting Tender dated 02.12.2019 issued by the Public Works Department, State of Madhya Pradesh for construction of an elevated corridor in Indore. The bid of U.P. State Bridge Corporation Ltd. was rejected on the ground of suppression of material facts relating to a prior FIR and charge-sheet concerning collapse of a bridge constructed by it. The High Court interfered and directed issuance of a Letter of Intent in its favour, holding that no “investigation” was pending on the date of bid submission. The Supreme Court reversed this view by interpreting paragraphs 11 and 13 of Appendix-I-A conjointly with Clause 7(b) of Annex-I and the definition of fraudulent practice under Clause 4.3(b). The Court held that filing of a charge-sheet amounts to being “indicted” and non-disclosure thereof constitutes suppression of a material fact. The Court further upheld rejection of Rachana Construction Co. on the ground of failure to satisfy Clause 2.2.2.2(ii) relating to experience of one similar work. The ruling reiterates judicial restraint in contractual matters, emphasizes transparency in public tenders, and affirms that public interest cannot override mandatory disclosure requirements. Keywords: - [Titty Alias George Kurian v. The Deputy Range Forest Officer, [2020] 13 S.C.R. 1230](https://lawfoyer.in/titty-alias-george-kurian-v-the-deputy-range-forest-officer-2020-13-s-c-r-1230/) - The judgment examines the legal consequences of possession and seizure of a turtle allegedly protected under the Wild Life (Protection) Act, 1972. The controversy arose when forest officials seized a turtle from the respondent and registered offences under Sections 2, 9, 39A, 49A and 51 of the Act. The decisive issue before the Supreme Court was whether the seized turtle belonged to a species notified under Part II of Schedule I, thereby attracting penal consequences. The Veterinary Surgeon’s certificate identified the turtle as Indian Flap Shell Turtle (Lissemys punctata), whereas Schedule I, Part II includes only Indian Soft-shelled Turtle (Lissemys punctata punctata). The Court analysed the statutory scheme, scientific classification, and evidentiary value of the identification report. It reaffirmed the limited but significant jurisdiction of the High Court under Section 482 of the Code of Criminal Procedure, 1973 to prevent abuse of process where basic statutory ingredients of an offence are absent. The Supreme Court concluded that continuation of prosecution would be legally unsustainable as the seized turtle was not a notified species. The judgment reinforces strict construction of penal statutes and underlines that wildlife offences must rest on precise statutory inclusion rather than assumptions or broad biological similarities. - [Saritha S. Nair v. Hibi Eden, [2020] 13 SCR 635](https://lawfoyer.in/saritha-s-nair-v-hibi-eden-2020-13-scr-635/) - The decision in Saritha S. Nair v. Hibi Eden examines two interconnected legal questions arising under the Representation of the People Act, 1951 and the Code of Criminal Procedure, 1973. The first issue concerns whether defects relating to verification, annexures, and prayer clauses in an election petition are incurable so as to mandate dismissal under Section 86(1) of the 1951 Act. The second issue concerns the scope and operation of disqualification under Section 8(3) of the Act when the execution of sentence is stayed but the conviction itself remains unsuspended. The petitioner, a convicted individual sentenced to imprisonment exceeding two years in two criminal cases, challenged the rejection of her nomination papers and the dismissal of her election petition by the High Court of Kerala. The High Court treated procedural defects in the election petition as incurable and also held that the petitioner continued to suffer statutory disqualification. The Supreme Court undertook an extensive examination of precedent governing election petition procedure and reaffirmed the settled principle that defects in verification and prayer clauses fall within the category of curable defects. The Court found fault with the High Court’s approach in refusing an opportunity to rectify such defects. However, on the substantive question of electoral disqualification, the Court reiterated that suspension of sentence does not dilute the effect of conviction for the purposes of Section 8(3). Only a judicial stay of conviction under Section 389(1) CrPC can remove the statutory bar. The judgment harmonises procedural fairness in election litigation with the strict legislative mandate against criminalisation of politics. - [Madhavi v. Chagan & Ors., [2020] 13 S.C.R. 1208](https://lawfoyer.in/madhavi-v-chagan-ors-2020-13-s-c-r-1208/) - The judgment in Madhavi v. Chagan & Ors. addresses a recurring dispute in service jurisprudence under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules, 1981, concerning inter se seniority and eligibility for promotion in secondary schools. The controversy arose from competing claims to the post of Head Master, where the respondent asserted seniority based on an earlier date of appointment, while the appellant relied on possession of requisite academic and training qualifications at the time of initial entry into service. The Supreme Court undertook a detailed examination of the statutory framework governing qualifications, categorisation, and seniority of teachers, particularly the distinction between primary and secondary schools under Schedule ‘F’. The Court clarified that seniority in secondary schools is determined not merely by the date of initial appointment but by placement within the prescribed hierarchical categories based on qualifications. Teachers who enter service without the minimum graduate and training qualifications cannot retrospectively claim seniority in a higher category upon later acquisition of such qualifications. Relying on Bhawna v. State of Maharashtra, the Court held that the respondent, who was initially an untrained undergraduate teacher, could not claim parity with teachers who were trained graduates from inception. The judgment decisively rejected the High Court’s reliance on Viman Vaman Awale, holding it applicable only to primary schools. The ruling reinforces the principle that statutory categorisation under Schedule ‘F’ constitutes a ladder of seniority, ensuring that professional qualifications remain central to promotion in secondary education institutions. - [Kush Kalra v. Union of India and Others, [2020] 12 S.C.R. 1133](https://lawfoyer.in/kush-kalra-v-union-of-india-and-others-2020-12-s-c-r-1133/) - The decision in Kush Kalra v. Union of India and Others examines the legality and constitutional validity of the practice adopted by several States and Union Territories during the COVID-19 pandemic of affixing posters outside the residences of COVID-19 positive persons undergoing home isolation. The writ petition, filed under Article 32 of the Constitution of India, raised serious concerns relating to right to privacy, human dignity, and non-discrimination, particularly in the context of public health emergencies. The petitioner challenged the administrative actions of State authorities as being arbitrary, stigmatizing, and unsupported by any statutory mandate under the Disaster Management Act, 2005. The Supreme Court confined its adjudication to the narrow but crucial issue of whether such a practice was authorised by the guidelines issued by the Ministry of Health and Family Welfare. The Court relied heavily on the Revised Guidelines for Home Isolation dated 02.07.2020 and the subsequent D.O. Letter dated 19.11.2020, which clarified that no instruction existed for pasting posters outside residences of infected persons. Without entering into a detailed adjudication on privacy jurisprudence, the Court restrained States from continuing the practice unless expressly authorised by a competent authority under the 2005 Act. The judgment reinforces administrative discipline during emergencies and underscores that even during disasters, executive action must remain anchored to statutory authority and constitutional values. - [The Institute of Chartered Accountants of India & Ors. v. Shaji Poulose & Ors., [2020] 9 S.C.R. 851](https://lawfoyer.in/the-institute-of-chartered-accountants-of-india-ors-v-shaji-poulose-ors-2020-9-s-c-r-851/) - The judgment addresses the exercise of the Supreme Court’s transfer jurisdiction under Article 139A(1) of the Constitution of India in the context of multiple writ petitions pending before different High Courts challenging the constitutional validity of Chapter VI of the Guidelines dated 08.08.2008 issued by the Institute of Chartered Accountants of India. The impugned guidelines impose a numerical ceiling on the number of tax audit assignments a Chartered Accountant may undertake in a financial year under Section 44AB of the Income-tax Act, 1961. The writ petitioners before various High Courts contended that the said restriction infringes their fundamental right to practise a profession under Article 19(1)(g) and results in arbitrary disciplinary action under the Chartered Accountants Act, 1949. The petitioner Institute sought transfer of all such writ petitions to the Supreme Court to avoid conflicting decisions, multiplicity of proceedings, and legal uncertainty affecting a regulated profession of national importance. The respondents opposed the transfer, invoking the sanctity of Article 226 jurisdiction and arguing that Article 139A is an exceptional power to be exercised sparingly. The Supreme Court, while not adjudicating upon the constitutional validity of the guidelines themselves, held that the controversy raises questions of general public importance, impacting not only Chartered Accountants but also citizens subject to compulsory tax audits. Emphasising the need for authoritative settlement of law and uniformity, the Court allowed the transfer petitions while protecting existing interim orders. The ruling clarifies the scope of transfer jurisdiction and balances institutional regulation with constitutional safeguards. - [Rohtas & Anr. v. State of Haryana, [2020] 11 S.C.R. 983](https://lawfoyer.in/rohtas-anr-v-state-of-haryana-2020-11-s-c-r-983/) - The judgment in Rohtas & Anr. v. State of Haryana authoritatively examines the legal permissibility of altering charges during the course of criminal proceedings, particularly when a prosecution initially framed under Sections 148 and 149 of the Indian Penal Code, 1860 fails due to acquittal of some accused, resulting in the number falling below the statutory minimum of five persons constituting an unlawful assembly. The Supreme Court analyses the scope and object of Sections 211–224, 386 and 464 of the Code of Criminal Procedure, 1973, and clarifies that criminal courts are vested with wide discretion to modify or alter charges at any stage, including at the appellate level, provided no prejudice is caused to the accused and no failure of justice ensues. The Court further draws a doctrinal distinction between Section 149 IPC and Section 34 IPC, emphasizing that while both impose vicarious liability, the former is based on mere membership of an unlawful assembly, whereas the latter requires proof of common intention and active participation. On facts, the Court finds that despite the collapse of the unlawful assembly charge, the evidence unmistakably established individual culpability of the appellants for the offence of attempt to murder under Section 307 IPC, read with Section 34 IPC. The judgment also addresses evidentiary principles relating to reliance on related witnesses and non-examination of independent witnesses in crimes occurring in private spaces. Finally, the Court adopts a victim-centric approach to sentencing, refusing leniency in light of the gravity of injuries and permanent disability caused to the complainant. The decision reinforces substance over form in criminal justice and curtails hyper-technical objections that obstruct accountability. - [APJ Abdul Kalam Technological University & Anr. v. Jai Bharath College of Management and Engineering Technology & Ors., [2020] 13 SCR 732](https://lawfoyer.in/apj-abdul-kalam-technological-university-anr-v-jai-bharath-college-of-management-and-engineering-technology-ors-2020-13-scr-732/) - The decision of the Supreme Court in APJ Abdul Kalam Technological University v. Jai Bharath College of Management and Engineering Technology & Ors. authoritatively clarifies the scope of statutory powers of a State Technical University to prescribe norms and standards for affiliation of additional courses, even in the interregnum period prior to the framing of University Statutes. The judgment addresses an important institutional conflict between university autonomy and regulatory oversight by the All India Council for Technical Education. The Court decisively rejects the view that, in the absence of formally notified Statutes, the Syndicate of the University becomes functus officio in matters of affiliation. It holds that the power of the Syndicate to prescribe norms flows directly from the parent Act and is not contingent upon the existence of Statutes. The Court further delineates the correct interpretation of Section 14(6) of the APJ Abdul Kalam Technological University Act, 2015, holding that the Vice-Chancellor’s interim regulatory power cannot eclipse the statutory authority of the Syndicate. On the second limb, the judgment reaffirms settled constitutional doctrine that while universities cannot dilute minimum standards prescribed by AICTE, they are legally entitled to impose enhanced norms in furtherance of academic excellence. The Court critically examines post-2012 AICTE regulatory practice based on online self-disclosure and underscores the continuing responsibility of universities towards students and institutional reputation. The ruling restores institutional balance, strengthens university autonomy, and harmonises regulatory federalism in technical education. - [Vidya Drolia and Others v. Durga Trading Corporation, [2020] 11 SCR 1001](https://lawfoyer.in/vidya-drolia-and-others-v-durga-trading-corporation-2020-11-scr-1001/) - The judgment in Vidya Drolia and Others v. Durga Trading Corporation constitutes a seminal exposition on arbitrability, judicial intervention at the reference stage, and the doctrines of separability and competence–competence under the Arbitration and Conciliation Act, 1996. The Supreme Court undertook a comprehensive reconsideration of conflicting precedents to settle the scope of judicial scrutiny under Sections 8 and 11 of the Act. The Court authoritatively held that the jurisdiction of courts at the pre-arbitral stage is identical, limited, and prima facie in nature, and interference is permissible only where the arbitration agreement is manifestly non-existent, invalid, or the dispute is ex facie non-arbitrable. A four-fold test was crystallized to determine non-arbitrability, focusing on actions in rem, third-party rights, sovereign functions, and statutory prohibitions. Applying this framework, the Court clarified that landlord–tenant disputes governed by the Transfer of Property Act, 1882 are arbitrable, while disputes under rent control statutes are not. The decision overruled prior inconsistent rulings and reinforced India’s pro-arbitration stance by emphasizing minimal judicial interference and prioritizing arbitral tribunals as the first forum to decide jurisdictional objections. The judgment harmonizes Indian arbitration law with international standards and ensures predictability, efficiency, and party autonomy. - [Dr. AKB Sadbhavana Mission School of Homoeo Pharmacy v. The Secretary, Ministry of AYUSH & Ors., [2020] 13 S.C.R. 1074](https://lawfoyer.in/dr-akb-sadbhavana-mission-school-of-homoeo-pharmacy-v-the-secretary-ministry-of-ayush-ors-2020-13-s-c-r-1074/) - The Supreme Court in Dr. AKB Sadbhavana Mission School of Homoeo Pharmacy v. The Secretary, Ministry of AYUSH & Ors. examined the permissible scope of practice of Homeopathic practitioners during the COVID-19 pandemic and the extent to which courts may issue regulatory directions beyond the pleadings. The appeal arose from a Kerala High Court judgment that, while disposing of a writ seeking implementation of the Ministry of AYUSH advisory dated 06.03.2020, issued wide directions cautioning AYUSH practitioners against advertising or prescribing medicines claiming a cure for COVID-19 and authorised monitoring and action under the Disaster Management Act, 2005. The appellant, though not a party before the High Court, challenged these directions as excessive, prejudicial, and unsupported by the advisory framework. The Supreme Court analysed the AYUSH advisory and subsequent Homeopathy guidelines and clarified that Homeopathy was envisaged as a preventive, prophylactic, symptomatic, and add-on therapeutic aid, subject to strict limitations against claiming a cure. The Court also reaffirmed that statutory ethical regulations already prohibit advertisement by Homeopathic practitioners, rendering additional judicial directions unnecessary. The judgment balances public health imperatives, statutory regulation of medical ethics, and judicial restraint, while correcting an over-expansive approach adopted by the High Court. - [Smt. S. Vanitha v. The Deputy Commissioner, Bengaluru Urban District & Ors., [2020] 12 SCR 1057](https://lawfoyer.in/smt-s-vanitha-v-the-deputy-commissioner-bengaluru-urban-district-ors-2020-12-scr-1057/) - The judgment in Smt. S. Vanitha v. The Deputy Commissioner, Bengaluru Urban District & Ors. examines the legal tension between the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Protection of Women from Domestic Violence Act, 2005, particularly when eviction proceedings against a daughter-in-law intersect with her claim of residence in a shared household. The Supreme Court was required to determine whether senior citizens could secure eviction of their daughter-in-law through summary proceedings under the 2007 Act in a manner that effectively extinguished her statutory right of residence under the 2005 Act. The dispute arose from intra-family property transfers, matrimonial discord, and competing claims of vulnerability between aged parents and a deserted woman with a minor child. The Court undertook an in-depth statutory interpretation exercise, emphasizing harmonious construction between two special welfare legislations, each containing overriding provisions. It clarified the scope of the expression “shared household” under Section 2(s) of the 2005 Act and reinforced that a woman’s right of residence is not contingent upon ownership or title. The judgment cautions against mechanical eviction orders by Tribunals under the 2007 Act without considering competing remedies available to women under the 2005 Act. The ruling reaffirms gender-sensitive constitutional values under Articles 14, 15, and 21 and underscores that statutory protections for senior citizens cannot be misused to defeat safeguards against domestic violence. The Court ultimately held that eviction orders under the 2007 Act must be moulded to avoid negating the right to residence guaranteed under the 2005 Act. - [Samir Agrawal v. Competition Commission of India & Ors., [2020] 13 S.C.R. 1044](https://lawfoyer.in/samir-agrawal-v-competition-commission-of-india-ors-2020-13-s-c-r-1044/) - The judgment in Samir Agrawal v. Competition Commission of India & Ors. marks a significant doctrinal development in Indian competition jurisprudence concerning the locus standi of informants under the Competition Act, 2002. The Supreme Court decisively rejected the restrictive interpretation adopted by the National Company Law Appellate Tribunal which confined access to the Competition Commission of India only to persons who had suffered direct legal injury. The Court clarified that proceedings under the Act are in rem and driven by public interest, thereby permitting any person to furnish information regarding alleged anti-competitive conduct irrespective of personal harm. The Court undertook a purposive interpretation of Sections 19, 26, 35, 53B and 53T of the Act, read with the Competition Commission of India (General) Regulations, 2009, to hold that the legislative intent post the Competition (Amendment) Act, 2007 was to replace adversarial complaint-based mechanisms with an inquisitorial information-based regime. The judgment also examined allegations of cartelisation and price fixing in the context of algorithmic pricing employed by digital cab aggregators Ola and Uber. Affirming concurrent findings of the CCI and NCLAT, the Court held that algorithmic fare determination did not amount to a hub-and-spoke cartel nor satisfied the statutory requirement of an agreement or meeting of minds under Section 3. The ruling strengthens access to competition enforcement mechanisms while simultaneously safeguarding enterprises through statutory deterrents against frivolous or mala fide information. - [Sanjai Tiwari v. State of Uttar Pradesh & Anr., [2020] 9 S.C.R. 966](https://lawfoyer.in/sanjai-tiwari-v-state-of-uttar-pradesh-anr-2020-9-s-c-r-966/) - The judgment in Sanjai Tiwari v. State of Uttar Pradesh & Anr. decisively examines the contours of locus standi in criminal proceedings, particularly in the context of petitions filed under Section 482 of the Code of Criminal Procedure, 1973. The Supreme Court scrutinised whether a third party, styling himself as a social activist and advocate, could invoke the inherent jurisdiction of the High Court to seek expeditious disposal of a pending criminal trial under the Prevention of Corruption Act, 1988. While reaffirming the settled principle that trials relating to corruption offences must be concluded expeditiously owing to their deleterious impact on public administration and societal confidence, the Court simultaneously underscored that such procedural directions cannot be sought by strangers to the prosecution under the guise of public interest. The ruling harmonises two competing considerations. One relates to the constitutional and statutory obligation of courts to ensure speedy trials, especially in corruption cases. The other concerns the sanctity of criminal process, which restricts participation to the State, the accused, and legitimately aggrieved parties. By setting aside the High Court’s order, the Supreme Court clarified that inherent powers under Section 482 Cr.P.C. cannot be converted into a forum for unsolicited third-party interventions. The judgment draws authoritative support from Janata Dal v. H.S. Chowdhary, reinforcing that criminal law cannot be piloted by self-appointed public watchdogs. At the same time, the Court carefully preserved the trial court’s discretion to independently expedite proceedings, thereby maintaining institutional balance between efficiency and procedural propriety. - [Seelan @ Jeyaseelan v. The Inspector of Police, [2020] 13 S.C.R. 1235](https://lawfoyer.in/seelan-jeyaseelan-v-the-inspector-of-police-2020-13-s-c-r-1235/) - The judgment in Seelan @ Jeyaseelan v. The Inspector of Police concerns the dismissal of a Special Leave Petition challenging conviction and sentence for the offence of rape of a minor child. The Supreme Court was required to examine whether the petitioner’s plea that the charge was framed only under Section 376(1) of the Indian Penal Code, 1860 and not under Section 376(2) could sustain interference with concurrent findings of fact recorded by the trial court and affirmed by the High Court. The case involved the rape of a six-year-old girl, supported by consistent ocular and testimonial evidence, including that of the victim and her mother, who was an eye witness. The petitioner attempted to raise technical objections regarding the nature of the charge and physical incapacity on account of having only one hand. The Court rejected these submissions, holding that the charge framed under Section 376 IPC necessarily included Section 376(2) and that both courts below had adequately dealt with the plea of physical impossibility. The Supreme Court emphasized the settled principle that it would not interfere with concurrent findings of fact, particularly in cases involving grave sexual offences against children, unless there was manifest perversity or miscarriage of justice. The dismissal of the petition reaffirmed the evidentiary value of a child victim’s testimony, the limited scope of jurisdiction under Article 136 of the Constitution of India, and the approach of courts in sexual offences involving minors. - [Action Ispat and Power Pvt. Ltd. v. Shyam Metalics and Energy Ltd., [2020] 13 SCR 783](https://lawfoyer.in/action-ispat-and-power-pvt-ltd-v-shyam-metalics-and-energy-ltd-2020-13-scr-783/) - The judgment in Action Ispat and Power Pvt. Ltd. v. Shyam Metalics and Energy Ltd. examines the scope and application of the fifth proviso to Section 434(1)(c) of the Companies Act, 2013 in the context of transfer of winding-up proceedings from the High Court to the National Company Law Tribunal. The Supreme Court was called upon to determine whether a winding-up petition, which had already been admitted and in which a Company Liquidator had taken possession of assets, could still be transferred to the NCLT for resolution under the Insolvency and Bankruptcy Code, 2016. The Court undertook a detailed statutory analysis of Chapter XX of the Companies Act, 2013, juxtaposed with the objectives and overriding nature of the IBC under Section 238. It reaffirmed that the legislative intent behind the IBC prioritises revival and resolution over liquidation, and that winding-up is a measure of last resort. The Court clarified that the power to transfer winding-up proceedings is discretionary and not constrained by the stage of the proceedings, provided that no irreversible steps such as sale of assets have occurred. Applying this principle, the Court upheld the concurrent findings of the Company Judge and the Division Bench that mere possession of assets by the Official Liquidator does not amount to irreversibility. The judgment harmonises corporate insolvency jurisprudence by preventing parallel proceedings and reinforces the supremacy of the IBC framework in achieving value maximisation and equitable treatment of stakeholders. - [M/s. SS Group Pvt. Ltd. v. Aaditiya J. Garg & Anr., [2020] 13 S.C.R. 779](https://lawfoyer.in/m-s-ss-group-pvt-ltd-v-aaditiya-j-garg-anr-2020-13-s-c-r-779/) - The judgment in M/s. SS Group Pvt. Ltd. v. Aaditiya J. Garg & Anr. addresses the interplay between statutory limitation under consumer law and extraordinary constitutional powers exercised by the Supreme Court during the Covid-19 pandemic. The dispute arose from consumer complaints filed by flat purchasers alleging deficiency in service due to delayed possession and seeking refund. The builder failed to file its written statement within the mandatory 45-day period prescribed under Section 38 of the Consumer Protection Act. The National Consumer Disputes Redressal Commission refused to take the written statement on record, relying on the Constitution Bench ruling in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage (P) Ltd., which categorically held that consumer fora lack power to extend this limitation. The Supreme Court examined whether the suo motu extension of limitation ordered in In Re: Cognizance for Extension of Limitation applied even to proceedings governed by special statutes prescribing non-condonable timelines. The Court held that the pandemic-related order, issued under Articles 141 and 142 of the Constitution, had universal application across all judicial and quasi-judicial proceedings. Since the limitation period expired during the subsistence of the extension order, the delay of four days in filing the written statement was held to be legally condonable. The ruling harmonises strict procedural mandates with constitutional equity during extraordinary circumstances, reaffirming the binding nature of Supreme Court directions during national crises. - [Dr. Naresh Kumar Mangla v. Smt. Anita Agarwal & Ors. [2020] 14 SCR 294](https://lawfoyer.in/dr-naresh-kumar-mangla-v-smt-anita-agarwal-ors-2020-14-scr-294/) - The judgment in Dr. Naresh Kumar Mangla v. Smt. Anita Agarwal & Ors. constitutes a significant reaffirmation of the principles governing anticipatory bail, cancellation of bail, and judicial oversight over defective criminal investigations, particularly in cases involving dowry death under Section 304-B of the Indian Penal Code. The Supreme Court was called upon to examine the legality of an order passed by the Allahabad High Court granting anticipatory bail to the parents-in-law and relatives of a deceased woman who died an unnatural death within seven years of marriage. The deceased’s father alleged sustained dowry harassment, physical assault, financial extortion, and ultimately murder camouflaged as suicide. The Court found that the High Court’s approach suffered from grave perversity, as it disregarded specific allegations in the FIR, ignored documentary evidence of money transactions, and prematurely assessed disputed facts such as the authenticity of a suicide note and absence of external injuries. The judgment draws a clear distinction between cancellation of bail due to supervening circumstances and setting aside a perverse bail order passed in ignorance of material evidence. Further, the Court invoked its extraordinary power under Article 142 of the Constitution of India to transfer further investigation to the Central Bureau of Investigation, citing serious lapses, selective investigation, and erosion of public confidence due to the influential status of the accused. The decision strengthens victim-centric criminal jurisprudence and underscores that anticipatory bail cannot become a shield against fair and effective investigation in heinous offences like dowry death. - [Rahna Jalal v. State of Kerala and Another [2020] 13 SCR 621](https://lawfoyer.in/rahna-jalal-v-state-of-kerala-and-another-2020-13-scr-621/) - The decision in Rahna Jalal v. State of Kerala and Another addresses the interpretative contours of Section 7(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019 vis-à-vis the power of courts to grant anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. The appeal arose from the denial of anticipatory bail to a mother-in-law accused in a criminal case involving allegations under Section 498A of the Indian Penal Code, 1860 and the 2019 Act, following the alleged pronouncement of talaq-e-biddat by her son. The Supreme Court undertook a purposive and harmonious interpretation of the statutory framework governing bail, personal liberty, and gender-specific penal provisions. The Court clarified that the offence created under Sections 3 and 4 of the 2019 Act is exclusively attributable to a Muslim husband and cannot be extended to female relatives by implication. It further held that Section 7(c) does not impose an absolute bar on anticipatory bail, but prescribes procedural safeguards, including a mandatory hearing of the aggrieved Muslim woman and judicial satisfaction of reasonable grounds. Drawing upon constitutional principles of personal liberty under Article 21, and precedents interpreting non-obstante clauses, the Court reinforced that statutory exclusions of anticipatory bail must be express and strictly construed. The judgment serves as a critical exposition on balancing statutory intent, gender justice, and fundamental rights within criminal procedure. - [Anglo American Metallurgical Coal Pty Ltd. v. MMTC Ltd. [2020] 14 SCR 510](https://lawfoyer.in/anglo-american-metallurgical-coal-pty-ltd-v-mmtc-ltd-2020-14-scr-510/) - The judgment concerns an international commercial arbitration arising out of a long-term coal supply agreement between an Australian mining company and an Indian public sector enterprise. The dispute stemmed from the respondent’s failure to lift the contracted quantity of coking coal during the Fifth Delivery Period, coinciding with the global financial crisis of 2008–09. The arbitral tribunal, by majority, held the respondent guilty of breach and awarded substantial damages representing the difference between the contract price and the market price. The dissenting arbitrator took the opposite view, holding that the claimant had failed to establish availability of coal and proof of damages. The Supreme Court examined the scope of judicial interference with international arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996, as it stood prior to the 2015 amendment. The Court decisively reaffirmed that courts cannot reappreciate evidence or substitute their interpretation for that of the arbitral tribunal if the award represents a possible view. A significant part of the judgment analyses the application of Sections 92, 94, and 95 of the Indian Evidence Act, 1872 to contractual correspondence, especially in distinguishing patent ambiguity from latent ambiguity. The Court held that the Delhi High Court Division Bench erred in cherry-picking isolated emails while ignoring the entire chain of correspondence and oral evidence. The Majority Award was restored, reinforcing party autonomy, evidentiary finality in arbitration, and minimal judicial intervention in international commercial awards. - [,Registrar, Karnataka University & Anr. v. Dr. Prabhugouda & Anr. [2020] 9 S.C.R. 859](https://lawfoyer.in/registrar-karnataka-university-anr-v-dr-prabhugouda-anr-2020-9-s-c-r-859/) - The judgment in Registrar, Karnataka University & Anr. v. Dr. Prabhugouda & Anr. authoritatively settles the controversy relating to the effective date of promotion under the Career Advancement Scheme (CAS) for university teachers whose prior service was rendered in affiliated colleges. The dispute arose from the claim of an Associate Professor, who, after joining a constituent department of Karnataka University, sought CAS promotion to the post of Professor from a date anterior to his entry into university service by relying upon his earlier teaching experience in an affiliated college. The Supreme Court was called upon to examine the interpretation of the term “College” under the relevant Statute framed under Section 40(1)(k) of the Karnataka State Universities Act, 2000, and to determine whether service in an affiliated college could justify a retrospective effective date of CAS promotion within the University. The Court undertook a purposive and harmonious interpretation of the Statute, particularly the Preamble and Clauses 12.6 and 12.7, and decisively rejected the expansive interpretation adopted by the High Court. It held that while past service in affiliated colleges may be counted for eligibility, the effective date of promotion cannot precede the date of entry into the service of the University or its constituent colleges. The judgment reinforces settled principles of service jurisprudence that promotion is intrinsically linked to the employer-employee relationship and cannot be granted for periods when such relationship did not subsist. The ruling restores institutional discipline in CAS promotions and clarifies the legal distinction between constituent colleges and affiliated colleges for promotional benefits. - [Pradeep Kumar Sonthalia v. Dhiraj Prasad Sahu @ Dhiraj Sahu & Anr., [2020] 14 S.C.R. 480](https://lawfoyer.in/pradeep-kumar-sonthalia-v-dhiraj-prasad-sahu-dhiraj-sahu-anr-2020-14-s-c-r-480/) - The judgment adjudicates a narrow yet constitutionally significant question concerning the temporal operation of disqualification under Article 191(1)(e) of the Constitution of India read with Section 8(3) of the Representation of the People Act, 1951. The dispute arose out of the biennial election to the Council of States from Jharkhand, where the margin of victory was extremely slender. The controversy centered on whether a vote cast by a sitting Member of the Legislative Assembly in the forenoon of the election day could be invalidated on account of his criminal conviction and sentence pronounced later on the very same day. The appellant argued that the phrase “from the date of such conviction” in Section 8(3) must be interpreted to mean the entire calendar day beginning at midnight, thereby rendering the vote void. The Supreme Court rejected this construction, holding that disqualification is a consequence of conviction and cannot precede the cause. The Court emphasized the principle of legality and the foundational presumption of innocence until conviction. The judgment carefully harmonizes constitutional provisions, election law, criminal jurisprudence, and interpretative principles. It clarifies that the expression “date” is context-dependent and can denote a precise point of time rather than a full calendar day. The Court also invoked the de facto doctrine to sustain the validity of acts performed before the disqualification actually came into existence. The ruling thus reinforces certainty in electoral processes while preserving fundamental criminal law principles. - [,The State of Maharashtra & Anr. v. Keshao Vishwanath Sonone & Anr. [2020] 11 S.C.R. 597](https://lawfoyer.in/the-state-of-maharashtra-anr-v-keshao-vishwanath-sonone-anr-2020-11-s-c-r-597/) - The judgment addresses the constitutional limits on judicial intervention in matters concerning Scheduled Tribes identification under Article 342 of the Constitution of India. The Supreme Court examined whether the Bombay High Court exceeded its jurisdiction by declaring the Gowari community as synonymous with the Gond Gowari Scheduled Tribe listed under the Constitution (Scheduled Tribes) Order, 1950. The Court undertook a detailed historical, constitutional, and statutory analysis of amendments made to the Scheduled Tribes Order from 1950 to 2002. It emphasized the exclusive power of Parliament under Article 342(2) to include or exclude tribes from the notified list. The judgment critically evaluated reliance placed by the High Court on census data, anthropological literature, and historical extinction theories. The Court reaffirmed settled constitutional jurisprudence laid down in B. Basavalingappa v. D. Munichinnappa and State of Maharashtra v. Milind, holding that courts cannot conduct evidentiary inquiries to alter Scheduled Tribe entries. It categorically held that Gowari and Gond Gowari are distinct communities, rejecting the High Court’s finding that Gond Gowari had become extinct prior to 1911. The decision restores constitutional discipline in affirmative action jurisprudence and reinforces the doctrine of separation of powers. It also balances equities by protecting admissions and appointments secured during the pendency of litigation while denying future Scheduled Tribe benefits to Gowari claimants. - [M/s Galaxy Transport Agencies, Contractors, Traders, Transports and Suppliers v. M/s New J.K. Roadways, Fleet Owners and Transport Contractors & Ors., [2020] 12 SCR 1090](https://lawfoyer.in/m-s-galaxy-transport-agencies-contractors-traders-transports-and-suppliers-v-m-s-new-j-k-roadways-fleet-owners-and-transport-contractors-ors-2020-12-scr-1090/) - The judgment addresses the contours of judicial review in contractual and tender matters, particularly emphasising the doctrine of judicial restraint in the interpretation of tender conditions by constitutional courts. The Supreme Court examined the legality of interference by the Division Bench of the High Court of Jammu and Kashmir with the decision of a tendering authority relating to technical eligibility under an e-tender issued by the Inspector General of Police, Kashmir Zone, for the supply of commercial vehicles for troop movement. The dispute revolved around the interpretation of Condition No. 31 of the Notice Inviting Tender, which required ownership of “30 vehicles both HMV/LMV”, and Condition No. 27, which prescribed five years of work experience with a minimum valuation of Rs. 2 crores. The Court reaffirmed that the author of the tender document is the best judge of its requirements, and unless the interpretation adopted by the authority is perverse, arbitrary, or mala fide, courts must not substitute their own construction. The Division Bench was found to have exceeded its jurisdiction by re-evaluating technical criteria and substituting the expert opinion of the Tender Opening Committee with its own assessment. The Supreme Court restored the judgment of the Single Judge, reinforcing the settled position that judicial review does not extend to technical evaluation of bids. The ruling strengthens predictability in public procurement and safeguards administrative discretion from unwarranted judicial interference. - [Suresh Shah v. Hipad Technology India Private Limited, [2020] 13 SCR 821](https://lawfoyer.in/suresh-shah-v-hipad-technology-india-private-limited-2020-13-scr-821/) - The judgment in Suresh Shah v. Hipad Technology India Private Limited authoritatively examines the arbitrability of landlord–tenant disputes arising out of lease and sub-lease deeds governed by the Transfer of Property Act, 1882. The Supreme Court was called upon to determine whether disputes concerning determination of lease, forfeiture, and eviction under the TP Act could be resolved through arbitration when an arbitration clause exists between the parties. The Court undertook a detailed doctrinal and statutory analysis of Sections 111, 114, and 114A of the TP Act and clarified that these provisions confer equitable and discretionary relief, not statutory protection akin to Rent Control legislations. The judgment resolves the doctrinal conflict created by Himangni Enterprises v. Kamaljeet Singh Ahluwalia, which had expanded the category of non-arbitrable disputes to include TP Act governed tenancies. Relying on the reasoning in Vidya Drolia v. Durga Trading Corporation, the Court conclusively held that landlord–tenant disputes under the TP Act are arbitrable, provided the tenancy is not protected by a special rent statute. The Court further clarified that arbitrators are competent to consider equitable reliefs available under Sections 114 and 114A while adjudicating eviction claims. The decision reinforces party autonomy, strengthens arbitration jurisprudence, and draws a clear distinction between statutory tenancies and contractual leases. It also confirms the Supreme Court’s jurisdiction to appoint an arbitrator in cases qualifying as international commercial arbitration under Section 2(1)(f) of the Arbitration and Conciliation Act, 1996. - [In Re: Proper Treatment of COVID-19 Patients and Dignified Handling of Dead Bodies in the Hospitals Etc. [2020] 13 S.C.R. 762](https://lawfoyer.in/in-re-proper-treatment-of-covid-19-patients-and-dignified-handling-of-dead-bodies-in-the-hospitals-etc-2020-13-s-c-r-762/) - The Supreme Court of India, exercising its suo motu jurisdiction under Article 32 of the Constitution, addressed systemic failures exposed during the COVID-19 pandemic, particularly incidents of fire in dedicated COVID hospitals and deficiencies in treatment, safety, and dignified handling of deceased patients. Triggered by the tragic fire incident at a COVID hospital in Rajkot, Gujarat, which resulted in multiple fatalities, the Court expanded the scope of adjudication to encompass broader public health governance, disaster management, hospital safety compliance, and enforcement of pandemic-related guidelines. The judgment underscores the constitutional status of the right to health as an integral facet of Article 21, extending beyond mere access to treatment to include affordability, safety, and dignity in death. The Court recognised the pandemic as an unprecedented national crisis akin to a “world war” requiring coordinated action between the Union, States, local administrations, and citizens. It examined affidavits filed by the Union of India and various States, particularly focusing on fire safety audits, issuance and renewal of fire safety No Objection Certificates, hospital inspections, and compliance with advisories issued by the Ministry of Home Affairs. Significant emphasis was placed on the failure of implementation of Standard Operating Procedures and guidelines under the Disaster Management Act, 2005, leading to avoidable loss of life. The Court issued wide-ranging mandatory directions relating to hospital fire safety, price regulation of private hospitals, enforcement of public health guidelines, crowd management, police deployment, testing transparency, containment strategies, and regulation of political gatherings during elections. The judgment reflects judicial assertiveness in safeguarding public health while reiterating citizens’ constitutional duties during a public emergency. - [Saurav Yadav & Ors. v. State of Uttar Pradesh & Ors., [2020] 11 SCR 281](https://lawfoyer.in/saurav-yadav-ors-v-state-of-uttar-pradesh-ors-2020-11-scr-281/) - The judgment in Saurav Yadav & Ors. v. State of Uttar Pradesh & Ors. settles a long-standing conflict concerning the correct application of horizontal reservation vis-à-vis vertical reservation in public employment. The controversy arose from the recruitment of constables in the Uttar Pradesh Police pursuant to the 2013 selection process, where female candidates belonging to reserved categories, despite securing marks higher than the last selected candidate in the General Female Category, were denied placement in the open category. The State justified this exclusion by relying on judicial precedents of the Allahabad and Madhya Pradesh High Courts which had adopted an interpretation that prevented such migration. The Supreme Court decisively rejected this interpretation, holding that the open/general category is not a reserved compartment, but one that is available to all candidates solely on the basis of merit. The Court reaffirmed that horizontal reservation is interlocking in nature and does not operate as a rigid quota excluding meritorious candidates merely because they belong to reserved social categories. The ruling harmonises constitutional principles under Articles 14 and 16 with established precedents such as Indra Sawhney, Anil Kumar Gupta, and Rajesh Kumar Daria. The Court disapproved the so-called “second view” adopted by certain High Courts and approved the “first view” which prioritises merit in open category selection. Relief was moulded to protect existing appointees while extending appointment to eligible OBC female candidates. The decision strengthens the constitutional mandate of equality of opportunity and prevents artificial compartmentalisation that undermines merit. - [Soumen Paul & Ors. v. Shrabani Nayek & Ors., [2025] 4 SCR 651 : 2025 INSC 451](https://lawfoyer.in/soumen-paul-ors-v-shrabani-nayek-ors-2025-4-scr-651-2025-insc-451/) - The judgment in Soumen Paul & Ors. v. Shrabani Nayek & Ors. addresses a recurring controversy in public employment relating to the determination of the cut-off date for possessing minimum educational qualifications. The dispute arose from recruitment to the post of Assistant Teachers in primary schools in West Bengal, governed by the West Bengal Primary School Teachers Recruitment Rules, 2016, particularly Rule 6(2) as amended on 22.12.2020. The appellants were candidates enrolled in the 2020–2022 Diploma in Elementary Education (D.El.Ed.) batch whose examinations were delayed due to the COVID-19 pandemic and administrative paralysis of the West Bengal Board of Primary Education. Apprehending disqualification on age grounds, the appellants approached the High Court seeking equitable relief. The Single Judge permitted provisional participation in the recruitment process. However, the Division Bench reversed this decision by treating 29.09.2022 as the recruitment notification date and holding that the appellants lacked the requisite qualifications on that date. The Supreme Court rejected this approach, holding that Rule 6(2) merely incorporates the NCTE-prescribed qualifications prevailing at the time of recruitment and does not prescribe any cut-off date for acquisition of qualifications. The Court clarified the settled position that where rules do not specify a cut-off date, the date mentioned in the recruitment advertisement, or alternatively the last date of application, would govern eligibility. The judgment reinforces transparency in recruitment, prevents arbitrary exclusion of candidates affected by systemic delays, and reaffirms judicial restraint against importing cut-off dates not contemplated by statutory rules. The Court further exercised its Article 142 powers to ensure completion of the recruitment process in the interests of justice. - [Kousik Das & Ors. v. State of West Bengal & Ors., [2025] 4 S.C.R. 695 : 2025 INSC 448](https://lawfoyer.in/kousik-das-ors-v-state-of-west-bengal-ors-2025-4-s-c-r-695-2025-insc-448/) - The judgment in Kousik Das & Ors. v. State of West Bengal & Ors. examines the legal validity of excluding candidates possessing an 18-month Diploma in Elementary Education (D.El.Ed.) obtained through NIOS under Open and Distance Learning mode from teacher recruitment processes. The controversy arose after the West Bengal Board of Primary Education imposed a blanket exclusion pursuant to a High Court directive, relying on the Supreme Court’s earlier ruling in Jaiveer Singh & Ors. v. State of Uttarakhand & Ors. The Supreme Court scrutinised the statutory framework under Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, the 2014 NCTE Regulations, and the Recognition Order dated 22.09.2017 issued by the National Council for Teacher Education. The Court clarified that the 18-month D.El.Ed. programme was a one-time statutory relaxation intended solely for in-service untrained teachers appointed on or before 10.08.2017, enabling them to meet minimum qualifications before the statutory cut-off of 01.04.2019. The High Court’s interpretation was found erroneous as it imposed an indiscriminate ban without considering the limited statutory purpose of the relaxation. The Supreme Court reaffirmed that eligible in-service teachers who completed the programme within the stipulated period are valid diploma holders, entitled to consideration for recruitment, promotional avenues, and applications to other institutions. The ruling reinforces statutory interpretation principles, prevents administrative overreach, and protects vested service rights arising from transitional educational policies. - [Jogeswar Sahoo & Ors. v. The District Judge, Cuttack & Ors., [2025] 5 SCR 13 : 2025 INSC 449](https://lawfoyer.in/jogeswar-sahoo-ors-v-the-district-judge-cuttack-ors-2025-5-scr-13-2025-insc-449/) - The judgment in Jogeswar Sahoo & Ors. v. The District Judge, Cuttack & Ors. adjudicates the legality of post-retirement recovery of financial benefits extended to ministerial staff of the district judiciary pursuant to retrospective promotion based on Shetty Commission recommendations. The appellants, who served as Stenographer Grade-I and Personal Assistants, were granted arrears following retrospective upgradation in 2017. These amounts were credited without any allegation of fraud, misrepresentation, or concealment. After their superannuation in 2020, recovery proceedings were initiated in 2023 on the ground that the financial benefit had been granted due to an erroneous interpretation of the recommendations. The Supreme Court confined its inquiry to the permissibility of recovery after retirement, particularly when no opportunity of hearing had been afforded. The Court reiterated the equitable doctrine consistently followed in service jurisprudence that recovery of excess payment is impermissible when the employee is not at fault and the error is attributable solely to the employer. Emphasis was placed on the vulnerability of retired ministerial employees and the disproportionate hardship caused by belated recovery. The judgment reinforces the principle that such protection flows not from enforceable entitlement but from judicial equity. It also clarifies that undertakings extracted mechanically do not override settled equitable doctrines. By setting aside the recovery orders and reversing the High Court’s decision, the Supreme Court reaffirmed constitutional fairness in administrative action under service law. - [A. Rajendra v. Gonugunta Madhusudhan Rao & Ors., [2025] 4 S.C.R. 681 : 2025 INSC 447](https://lawfoyer.in/a-rajendra-v-gonugunta-madhusudhan-rao-ors-2025-4-s-c-r-681-2025-insc-447/) - The judgment delivered by the Supreme Court in A. Rajendra v. Gonugunta Madhusudhan Rao & Ors. authoritatively settles the commencement point of limitation for filing appeals under Section 61 of the Insolvency and Bankruptcy Code, 2016. The controversy arose from the dismissal of appeals by the National Company Law Appellate Tribunal on the ground of limitation, where the appellant asserted that limitation should commence from the date of knowledge or receipt of a certified copy rather than from the date of pronouncement of the order. The Court rejected this contention and reaffirmed that the triggering event for limitation is the date of pronouncement of the order, except in cases where the order is not pronounced and is later uploaded. The judgment reinforces the strict and time-bound framework of the IBC and emphasizes that procedural flexibility cannot be employed to dilute substantive legislative intent. The Court meticulously interpreted Section 61(2) of the IBC, its proviso, and the interplay with the Limitation Act, 1963 and NCLAT Rules, 2016. It clarified that the right to receive a free certified copy does not dispense with the obligation to apply for one and that exclusion of time under Section 12 of the Limitation Act is available only upon a formal application for a certified copy. The ruling strengthens certainty in insolvency jurisprudence, curtails dilatory tactics, and upholds the primacy of the IBC over general procedural statutes. It also reiterates judicial discipline by refusing to extend limitation beyond statutorily prescribed limits, even through equitable considerations or Article 142 powers. - [New Mangalore Port Trust & Anr. v. Clifford D Souza Etc. Etc., [2025] 5 S.C.R. 177 : 2025 INSC 440](https://lawfoyer.in/new-mangalore-port-trust-anr-v-clifford-d-souza-etc-etc-2025-5-s-c-r-177-2025-insc-440-2/) - The judgment examines the interplay between the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and the Limitation Act, 1963, particularly addressing whether recovery proceedings for arrears of licence fee under Section 7 of the PP Act are barred by limitation and whether acknowledgment of liability under Section 18 of the Limitation Act extends the limitation period. The dispute arose after the New Mangalore Port Trust revised licence fees retrospectively pursuant to a TAMP notification, and raised demands for arrears against licensees. While the revision itself had been upheld by a Single Judge of the High Court, the licensees resisted payment citing pendency of intra-court appeals. Subsequent statutory recovery proceedings were quashed by the District Judge and affirmed by the High Court on the ground of limitation. The Supreme Court decisively held that once the Limitation Act is applicable to proceedings under the PP Act, all its provisions, including Section 18, apply. The Court interpreted written objections by the licensees, stating that payment was premature due to pending appeals, as a valid acknowledgment of liability, even though accompanied by a refusal to pay at that stage. The judgment clarifies that an acknowledgment need not be unconditional or immediate and that technical objections on limitation cannot be used to unjustly delay statutory dues. The Court further criticised the High Court for deciding the writ petitions without awaiting the outcome of pending intra-court appeals on the substantive tariff issue. The ruling reinforces doctrinal clarity on limitation, acknowledgment of debt, and procedural discipline in public revenue recovery. - [M/s R. K. Transport Company v. M/s Bharat Aluminum Company Ltd. (BALCO), [2025] 5 SCR 401 : 2025 INSC 438](https://lawfoyer.in/m-s-r-k-transport-company-v-m-s-bharat-aluminum-company-ltd-balco-2025-5-scr-401-2025-insc-438/) - The judgment addresses the precise computation of limitation under Section 34(3) of the Arbitration and Conciliation Act, 1996 and clarifies the applicability of Section 12(1) of the Limitation Act, 1963 to arbitral proceedings. The dispute arose from an arbitral award dated 09.04.2022 passed in favour of the appellant, which was admittedly received by the respondent on the same date. The respondent filed an application under Section 34 on 11.07.2022. The controversy centred on whether the limitation period of three months expired on 08.07.2022 or 09.07.2022, and whether exclusion of the date of receipt of the award was permissible. The Supreme Court reaffirmed that the phrase “three months” in Section 34(3) signifies three calendar months and not ninety days. It held that Section 12(1) of the Limitation Act applies to proceedings under Section 34, thereby mandating exclusion of the date on which the award was received. Consequently, the limitation period commenced on 10.04.2022 and expired on 09.07.2022, which was a court holiday. The benefit of Section 4 of the Limitation Act was therefore available, rendering the filing on the next working day within time. The Court upheld the High Court’s decision allowing the Section 37 appeal and dismissed the civil appeal. The ruling consolidates jurisprudence on limitation in arbitration and reinforces procedural certainty. - [State (NCT) of Delhi v. Rajeev Sharma, [2025] 4 S.C.R. 617 : 2025 INSC 456](https://lawfoyer.in/state-nct-of-delhi-v-rajeev-sharma-2025-4-s-c-r-617-2025-insc-456-2/) - The judgment addresses the precise interpretative scope of Section 167(2)(a) of the Code of Criminal Procedure, 1973, particularly the phrase “imprisonment for a term of not less than ten years”. The controversy arose in the context of offences under Sections 3, 4 and 5 of the Official Secrets Act, 1923, read with Section 120B of the Indian Penal Code, 1860, where the statute prescribes a maximum punishment extending up to fourteen years, but does not stipulate any minimum mandatory sentence. The respondent-accused claimed statutory or default bail on the ground that the charge-sheet was not filed within sixty days from the date of arrest. The State contended that the ninety-day period applied, arguing that the offence was punishable up to fourteen years and thus fell within clause (i) of the proviso to Section 167(2). The Supreme Court reaffirmed that the legislative intent behind the phrase “not less than ten years” necessarily postulates the existence of a statutorily prescribed minimum sentence. In the absence of such minimum, an offence punishable with imprisonment up to fourteen years cannot be equated with an offence punishable with imprisonment not less than ten years. Relying on the authoritative pronouncement in Rakesh Kumar Paul v. State of Assam and its subsequent reaffirmation in M. Ravindran v. Directorate of Revenue Intelligence, the Court held that the sixty-day period was applicable. The respondent was therefore entitled to default bail upon the failure of the investigating agency to complete the investigation within the stipulated time. The decision reinforces the constitutional significance of personal liberty and procedural safeguards in criminal investigation, and clarifies that statutory ambiguity must be resolved in favour of the accused when liberty is at stake. - [UCO Bank & Anr. v. Vijay Kumar Handa, [2025] 5 S.C.R. 389 : 2025 INSC 442](https://lawfoyer.in/uco-bank-anr-v-vijay-kumar-handa-2025-5-s-c-r-389-2025-insc-442-2/) - The decision in UCO Bank & Anr. v. Vijay Kumar Handa settles an important question in Indian service jurisprudence concerning the entitlement of a bank employee to terminal and pensionary benefits after being removed from service for gross misconduct. The controversy arose from disciplinary proceedings initiated against a clerical employee of UCO Bank for riotous, disorderly, and indecent behaviour within bank premises. While the disciplinary authority imposed dismissal from service, the appellate authority modified the punishment to removal from service with terminal benefits. This appellate order attained finality when it remained unchallenged by the employer. Subsequently, an industrial dispute led to judicial scrutiny of the proportionality of punishment under Section 11A of the Industrial Disputes Act, 1947, culminating in the High Court restoring the appellate authority’s punishment. The dispute resurfaced when the employee claimed pensionary benefits under the UCO Bank (Employees’) Pension Regulations, 1995, which the Bank resisted by invoking Regulation 22 relating to forfeiture of service. The Supreme Court harmonised the apparent conflict between Clause 6(b) of the Bipartite Settlement dated 19.10.1966 and Regulation 22, relying on its earlier ruling in Bank of Baroda v. S.K. Kool. The Court affirmed that where an employee is removed from service with terminal benefits and satisfies eligibility requirements, pension cannot be denied. The judgment reinforces the binding nature of bipartite settlements and clarifies the legal consequences of unchallenged appellate disciplinary orders in service law. - [Kashmiri Lal Sharma v. Himachal Pradesh State Electricity Board Ltd. & Anr., [2025] 5 SCR 446 : 2025 INSC 472](https://lawfoyer.in/kashmiri-lal-sharma-v-himachal-pradesh-state-electricity-board-ltd-anr-2025-5-scr-446-2025-insc-472/) - The judgment examines the constitutional and statutory legitimacy of extending the age of superannuation for persons with disabilities and the permissibility of withdrawing such benefit through executive instructions. The appellant, a locomotor-disabled employee with 60% permanent disability, challenged his retirement at the age of 58 years, contending that the Office Memorandum dated 29.03.2013, which extended retirement age to 60 years, though expressly limited to visually impaired employees, ought to apply to all persons suffering from disabilities recognised under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the Rights of Persons with Disabilities Act, 2016. The Supreme Court reaffirmed the settled position that persons suffering from benchmark disabilities constitute a homogeneous class for the purpose of service benefits once employed. Confining retirement age extension only to visually impaired employees was held discriminatory and violative of Article 14 of the Constitution of India, relying decisively on Bhupinder Singh v. State of Punjab. However, the Court upheld the withdrawal of the benefit by OM dated 04.11.2019, applying Section 21 of the General Clauses Act, holding that executive authority competent to issue an office memorandum retains the power to rescind it. The Court clarified that no employee has a fundamental right to continue in service till a particular age, and superannuation does not amount to removal under Article 311(2). The appellant was held entitled to the benefit of age extension only till the date the OM remained operative, i.e., 04.11.2019, and not beyond. Consequently, partial relief was granted with back wages and pensionary benefits. - [Vinay Aggarwal v. State of Haryana and Ors., [2025] 4 SCR 497 : 2025 INSC 433](https://lawfoyer.in/vinay-aggarwal-v-state-of-haryana-and-ors-2025-4-scr-497-2025-insc-433/) - The judgment in Vinay Aggarwal v. State of Haryana and Ors. addresses the judicial limits on directing transfer of criminal investigation from State Police to the Central Bureau of Investigation under Section 482 of the Code of Criminal Procedure, 1973. The Supreme Court scrutinised the legality and sustainability of an order passed by a Single Judge of the Punjab and Haryana High Court directing CBI investigation at a nascent stage of inquiry based on vague and unsubstantiated allegations against local police officials. The appellant, accused of impersonation and financial extortion under multiple provisions of the Indian Penal Code, 1860, challenged the High Court’s intervention contending absence of exceptional circumstances warranting such extraordinary relief. The Court reaffirmed settled constitutional jurisprudence that although Constitutional Courts possess wide powers to direct CBI investigation, such power must be exercised sparingly, cautiously, and only in exceptional cases. Mere allegations of police bias, without cogent material or prima facie evidence, were held insufficient. The judgment emphasises judicial restraint, federal balance, and institutional respect for State investigative machinery. By setting aside the High Court’s order, the Supreme Court clarified that extraordinary investigative transfers cannot be invoked as a matter of course, thereby reinforcing procedural discipline and safeguarding investigative autonomy. - [The Superintending Engineer, Operation, Telangana State Southern Power Distribution Company Ltd. & Ors. v. Ch. Bhaskara Chary, [2025] 4 S.C.R. 543; 2025 INSC 428](https://lawfoyer.in/the-superintending-engineer-operation-telangana-state-southern-power-distribution-company-ltd-ors-v-ch-bhaskara-chary-2025-4-s-c-r-543-2025-insc-428/) - The dispute concerns the respondent’s claim for appointment to the post of Lower Division Clerk (LDC) under the ex-casual labourers quota framed by the Andhra Pradesh State Electricity Board (APSEB) through its policy dated 18.05.1997. The respondent’s candidature was rejected multiple times on grounds ranging from the alleged non-genuineness of his service certificate to the absence of vacancies in his category. The High Court intervened and directed consideration of his claim in parity with other similarly placed candidates who, despite possessing less man-days and being lower in the seniority list, had already been appointed pursuant to judicial directions. The Supreme Court examined whether the High Court was justified in treating the respondent at par with those candidates and whether the list relied on by the High Court constituted a seniority list. Holding that the list titled “Seniority list of qualified candidates for the post of LDCs” was indeed a seniority list and that persons placed below the respondent with fewer man-days had secured appointment, the Court upheld the High Court’s reasoning. The Court directed reconsideration of the respondent’s appointment to the post of LDC or any equivalent post in which a vacancy exists, while permitting the authority to evaluate other factual objections raised by it. The ruling reaffirms parity principles in service jurisprudence, especially where similarly situated candidates secure benefits through judicial intervention. - [Smt. Uma Devi and Ors. v. Sri Anand Kumar and Ors., [2025] 4 S.C.R. 521; 2025 INSC 434](https://lawfoyer.in/smt-uma-devi-and-ors-v-sri-anand-kumar-and-ors-2025-4-s-c-r-521-2025-insc-434/) - The decision in Smt. Uma Devi & Ors. v. Sri Anand Kumar & Ors., 2025 INSC 434, concerns the propriety of the High Court’s interference with a trial court order passed under Order 7 Rule 11 CPC, rejecting a partition suit of 2023 as time-barred and disclosing no cause of action. The Supreme Court examined whether the High Court was justified in remanding the matter for trial despite overwhelming material showing a prior oral family partition of 1968, subsequent mutation entries, and registered alienations executed in 1978 by members of the family lineage from which the plaintiffs themselves derived title. The Court emphasised that registered sale deeds operate as constructive notice and confer full publicity to the world, placing a corresponding duty of inquiry upon interested parties. Since the plaintiffs’ predecessors lived for decades after the execution of the 1978 deeds without ever challenging them, the Court held that the cause of action was extinguished by lapse of time and by the presumption of notice arising under Section 3, Transfer of Property Act, and principles laid down in Suraj Lamp Industries, Shri Mukund Bhavan Trust, and Dahiben. The Court read the plaint meaningfully and found suppression of material facts, absence of specific pleadings on knowledge of earlier transactions, and an attempt at “clever drafting” to create an illusion of a cause of action. Accordingly, the Supreme Court ruled that the High Court erred in treating the matter as a triable dispute and in remanding the suit. The trial court’s rejection of the plaint was restored. The judgment underscores the strict discipline of pleadings, finality of long-settled family partitions, and the curtailment of stale litigation re-agitated after decades. - [Maukam Singh & Others v. State of Madhya Pradesh, [2025] 4 S.C.R. 336 : 2025 INSC 435](https://lawfoyer.in/maukam-singh-others-v-state-of-madhya-pradesh-2025-4-s-c-r-336-2025-insc-435-2/) - The dispute arose from hostility regarding ownership of a place of worship, which escalated when the accused appellants, armed with deadly weapons—specifically a farsa and a luhangi—entered the house of the deceased Than Singh and confronted the victims. A scuffle ensued, during which the deceased suffered fatal head injuries and his grandchildren sustained multiple wounds. The Trial Court convicted the appellants under ss.302/34, 323, 324 r/w s.34 IPC, and the High Court affirmed those findings. The Supreme Court examined the credibility of the ocular testimony of PWs 1–3, each of whom was an injured eyewitness and a grandchild of the deceased. The Court reiterated that relationship alone does not render witnesses “interested,” especially when their presence at the scene is natural. The medical evidence showing a possibility of accidental fall did not dilute the prosecution’s case, because the ocular evidence consistently indicated a blow to the deceased’s head with the reverse side of an axe. The Court rejected the defence plea for conversion to s.304 Part II IPC, holding that the appellants were aggressors who trespassed with premeditation, armed with lethal weapons, and inflicted injuries sufficient in the ordinary course of nature to cause death. No Exception to s.300 IPC applied. 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