Ble Supreme Court Research Articles

Navigating the legal and technical challenges of Admitting Electronic records as Evidence: An analytical study

On the internet, nothing is immune. There is usually some element of surprise in cybercrime. Every person who uses the internet leaves traces of their online activity behind. The user can be located using these footprints. All of these might be gathered and utilized as digital evidence. Electronic evidence is a topic that is frequently discussed in India. However, Indian courts have always made an effort to make the legal situation clear, including the gathering procedure, admissibility, veracity, and relevance of electronic evidence. Few parts were still unclear, though. The purpose of this study is to describe the import of electronic evidence's admissibility and veracity from an Indian legal standpoint. Additionally, to examine the legislative actions made by the Indian Parliament and the rulings issued about electronic evidence by the Hon'ble Supreme Court of India. This essay examines the issue of when an electronic evidence certificate is necessary, what information should be included in such a certificate, which is qualified to provide such a certificate, and at what point it is needed. This study also tries to determine whether or not spoken testimony regarding the content of electronic evidence can be provided.

Is India ready for fundamental right to health?

The right to health, a vital indicator of human development and thus, the economic and social development, has been an age-old phenomenon in India. Although, no explicit recognition to the right to health or healthcare has been given under the Indian constitution, the hon’ble supreme court, through various judicial interpretations, has repeatedly observed that right to health is a part of fundamental right to life and personal liberty enshrined under article 21. However, the fundamental policy question being raised in recent years is whether to guarantee health as a separate fundamental right in India. The issues for consideration are multifarious, the most important being- whether we have reached the level of economic and health systems development so as to make this a justiciable right-implying that its denial is an offense.

Unveiling the laws for doctors: a dire necessity

The Hon'ble supreme court of India and various high courts have repeatedly pointed out that every criminal offence is an offence against the state (The nation). In many such cases, a medical examination is required to ascertain the causes of injury/death so that an appropriate and timely legal action can be taken to impart justice. The high court of Allahabad has also observed that the medico legal report (MLR), if given clearly, can either endorse the incident as given by the eye witnesses or can disprove the incident to a great extent. But what if the medical practitioner conducting the medical examination pleads ignorance of the legal provisions and procedures, leading to non-accumulation of the essential medical evidence? Though bound by the legal principle of ‘ignorance of the law is no excuse,’ the Judiciary will not entertain such a plea; nonetheless, justice would be compromised. Further, the trusts of the patients would also be at stake. This manuscript attempts to address the said concerns and the ones accompanying it so that neither the medical practitioners nor the patient and, most importantly, the nation becomes the victim of oblivion, and thus, reaching the only resolution- ‘National medico-legal protocol’ as necessitated not only by the facts, but also the regulation - the criminal procedure (Amendment) act, 2005.

Tata Consultancy Services Limited vs. Cyrus Investments and Ors.

Tata Sons established Tata Consultancy Services (TCS) as a division on April 1, 1968. Mumbai, Maharashtra is home to this multinational Indian information technology (IT) services and consulting company. TCS has locations in 46 different nations. One of the most influential businessmen in India is the businessman, Ratan Tata. He formerly served as both the Chairman of the Tata Group and the Chairman of Tata Sons. Founded on March 7, 1923, Cyrus Investments Private Limited is an unincorporated organization. It serves as a financial adviser. It falls under the definition of a "company limited by shares" and is a private, unlisted firm. Cyrus Mistry is an entrepreneur from India. From 2012 until 2016, he served as Chairman of the sizable Tata Group of companies. He is one of the directors of Cyrus Investments Private Limited, one of his businesses. On October 24, 2016, Tata Sons Limited's Board of Directors and Majority Shareholders ousted Cyrus Mistry and shifted from his role as Executive Chairman after they lost confidence in his ability to lead the company. The chairman of Tata Sons Limited is N Chandrasekaran, formerly the chief executive officer and managing director of TCS. A general meeting of shareholders decided to remove Cyrus Mistry from the Tata Sons board of directors. Cyrus Mistry then filed a complaint with the National Company Law Tribunal (NCLT) in Mumbai, charging Tata Sons' operational mismanagement and violation of Sections 241, 242, and 244 of the 2013 Companies Act[1]. The question at hand in this instance is whether the NCLAT's order to restore Cyrus Mistry can be appealed. This case deals with the question of whether the NCLT's decision to restore Cyrus Mistry to his previous role as chairman of the TCS group is maintainable. In the well-known case of Tata Consultancy Services Ltd. v. Cyrus Investment Pvt. Ltd. & Ors., also referred to as the Tata- Mistry controversy[2], the Hon’ble Supreme Court issued its ruling. The conflict stems from a boardroom takeover in 2016 that resulted in Cyrus Mistry's resignation as chairman. This case is regarded as one of the country's largest corporate legal disputes.

Judicial and Statutory Bans on Triple Talaq

Triple Talaq is a type of marriage disintegration in Muslim Law, whereby a spouse can give the divorce to his wife by expressing Talaq multiple times in a single line. The presence of spouse isn't required; she can be given Talaq without doling out legitimate explanation. The expression "Talaq" alludes to the revocation of marriage by spouse under Muslim law. The act of triple Talaq has been winning since old occasions in India. Previously, the Hon'ble Supreme Court heard the Petition for boycott of training of Triple Talaq through a Constitution seat including 5 Judges from various religions. Here we are making an in-depth study on provisions of Talaq and its effects in our society especially on Muslim women.

Virus versus humanity - Do vaccines tilt the scale?

S Srinivasan in his article "The vaccine mandates judgment: Some reflections", in this journal, analyses a judgment of the Hon'ble Supreme Court of India in summer this year [1]. Therein, he underscores significant points of interest, the logic behind them, a few points of contention, their scientific basis and areas where logic defies rationality and prudence. Nevertheless, certain relevant points about vaccination are overlooked in the article. Under the subheading, "Vaccine mandates and the right to privacy", the author states that the order "finally zeroes in on this proposition…and that is that the risk of transmission of the Severe Acute Respiratory Syndrome (SARS-CoV-2) virus from unvaccinated individuals is almost on par with that from vaccinated persons". Therefore, when the immunisation does not serve the social purpose of stopping propagation of the infection, why should the authorities mandate people to accept vaccination? This is the argument put forth by the author.

Shayara Bano: An Analysis Of Dissenting Judgment

In this paper author discusses intricate details of judgment passed by the Constitution Bench (5-Judge) of the Hon’ble Supreme Court of India in case of Shayara Bano v. Union of India[i], with objective to understand the concept of Talaq-ul-Biddat and its religious and legal sanctity and permissibility. This paper aims to provide the insight of less discussed (2-Judge) dissenting judgment passed by Hon’ble Supreme Court in Shayara Bano (supra) with particular emphasis on providing details about the issues framed and considered by Hon’ble Supreme Court and reasoning provided therefor, while considering the rival submissions of the parties and relevant provisions of law and judicial precedents.

Legislative Developments and Judicial approach towards Prostitution in India: An Analysis

India, which justifies its claim to be one of the very ancient civilizations of the world, presents the rise and development of prostitution. Recently, in India it has been estimated that there are approximately 3 million sex workers, the vast majority of whom are between the ages of 15 and 35. Here, prostitution is considered as a taboo which is not openly discussed. Due to its role in weakening the institution of marriage, increase in the sexually transmitted diseases, kidnapping of girls, the exclusion of prostitutes from society, physical and psychological sufferings, etc., it poses a significant threat to the social fabric of India. Since abolition of this profession seems to be impossible, the legalisation regulating the prostitution could be implemented as a solution to this problem. The present paper examines the development of legislations pertaining to the regulations of prostitution in India. It looks at the transformations in various aspects of law related to the prostitution. For this purpose, the researchers have analyzed legislations enacted by the government to regulate the prostitution in India from time to time. Moreover, they have also analyzed the recent guidelines issued by Hon'ble Supreme Courts of India wherein it has considered "prostitution as a profession". The authors will also analyse the guidelines issued by hon'ble Supreme Court of India for promoting and ensuring safe and healthier working condition for sex workers.

Judicial Approach Amidst Growing Live-in Relationship

Purpose: The purpose of this article is to comprehend the Judiciary's response and apprehend the pace of change in the social dynamics of the society about live-in relations. This article also comprehends the inter-linkage of the concept of live-in relationships vis-à-vis other laws, which require more clarity. Design/Methodology: In this study, the research brings down the concept of a live-in relationship by analyzing various judgments down the link from pre-independence to post-independence through the Protection of Women from Domestic Violence Act, 2005 (PWDWA). This study analyzed the data of the Supreme Court and High Courts down the line from 2010 to 2021 and analyzed the high courts that have the maximum number of cases. The approach is to identify how Judiciary interprets the live-in relationship in different facts under the light of various laws. Practical Implication: This study helps to identify the way forward in the absence of the legislative framework on live-in relationships through the interpretation by the Hon’ble Supreme Court and other High Courts. Originalities/Value: This study is predominantly based upon the question placed before the larger bench by Madras High Court as to whether the woman is entitled to get a pension in a live-in relationship. The resultant of this work is based upon the opinion of the existing judgment that brings support to reach out to the conclusion. Outcome/Finding: The dimension of the social changes and changing the mindset of youth is an accepted fact to give legal recognition to live-in relationships. The Court has paved the way for a live-in relationship in property, maintenance, and domestic violence. This is high time for the legislature to code the separate statute for the live-in relationship so that the women from this relationship have not exploited due to the non-presence of the statute.

RIGHTS OF LABOUR IN INDIA

In a labour-intensive country like India, where more than 90 percent of the 450 million-strong labour force work in the informal sector with low wages, no social security, no bonuses, and some are even deprived of fundamental rights guaranteed by the Indian constitution due to illiteracy and poverty even though such workforce is considered as the backbone of the economy. In India, workers' fundamental rights have traditionally been governed by a plethora of labour laws, many of which overlap and are regulated by a broad range of authorities. The approach has generally been that of compliance while placing little emphasis on the employers' duty to improve labour conditions for a significant portion of the workforce. In this paper, the details of the rights that workers in India enjoy under the "Indian Constitution" as well as the 27 laws passed by the central government that have now been optimized and codified into four labour codes that are universally applicable within the Indian borders are discussed. This study seeks to discover every improvement in labour rights brought by the government or by the Hon'ble Supreme Court, High Courts and tribunals through their judgements over the years. In India, both central legislations and the constitution provides to protect labour rights and eliminate exploitation. Most workers are unaware of the rights that have been developed specifically for them to protect their interests. This paper attempts to compile all of the laws and provisions that a worker should be aware of.

Critically Analyse Provisions of Adultery in Indian Context

Adultery is derived from a French word, about that has evolved from the Latin verb, “adulterium”, means to corrupt[1]. Adultery is defined as the consensual extramarital sexual relationship that is considered objectionable on social, religious and, moral and earlier on the legal grounds as well. Though adultery is decriminalized, it still exists as a delinquent act as it violates social norms which an individual is believed to be followed. Since the last 158 years, it was treated as a crime but after the verdict of Hon’ble Supreme Court in Joseph Shine v. Union of India, adultery is decriminalized and remained merely a civil wrong rather criminal offence. There were two major contentions for the decriminalization of adultery. They were:- This section provided husbands with the right to prosecute their wives’ adulterer while wives were deprived to complain against the adulteress of their husbands. The section was ignorant on the matter of the adulterous act of the husband.

SURROGACY – WOMEN'S RIGHT OF REPRODUCTIVE CHOICE

In the recent landmark case (PuttasamyVs Union of India)the Hon'bleSupreme Court of India dealt with two main reproductive rights, issues relating to surrogacy and reproductive freedom. The Supreme Court has held that Right to privacy is a fundamental right under Article 21 and to make her own reproductive choices of abortion within the fullment of the medical practitioners. As a result of this judgement, it will have an impact on women right of reproductive choice. In thispaperItry toexplore the validityofMedicalTerminationofPregnancyActinthe lightofSupremeCourt's judgementinPuttasamy caseandmy suggestionswithregardtowomen's rightofreproductivechoicewithreferencetosurrogacy. “The greatest good is what we do for one another” – Mother Teresa

Is Bank Locker the Safest Option? (New Guidelines of Reserve Bank of India on Bank Safe Deposit Lockers)

Regulated Entities (REs) are instructed by Reserve Bank on “Safe Deposit Locker Facility” which are provided by Commercial Banks. Due to the recent technological developments in the banking industry which in turn simplified the process of various products offered by the Commercial Banks. Considering the Complaints and Grievances that are filed / approached with various Judicial Authorities (including Banking Ombudsman) and the Feedback received from all stakeholders, the Reserve Bank of India had reviewed the existing Guidelines on ‘Safe Deposit Lockers (SDL)’ and communicated the revised instructions to the Commercial Banks. This review also took into consideration, the principles enumerated by Hon’ble Supreme Court of India in the case of ‘Amitabha Dasgupta vs United Bank of India’, (Judgment dated 19th February, 2021 in CA No. 3966 of 2010). These Revised Instructions are to be implemented by Commercial Banks from January 1, 2022 and the same are applicable to Both (New and Existing Customers) who propose to avail or availed the Facility provided by the Banks.

Constitutionality of Disaster Management Act, 2005 on the Touchstone of Federalism During Covidǧ19 in India

As per 7th Schedule of Constitution of India, 1950 there is sub-division of three lists namely Union list, State list and Concurrent list, which gives a detailed insight of powers of law making with both Centre and State in our country. Due to this both Centre and State have their exclusive domain wherein they can exercise their law-making power. During this exercise of power, which has been so specifically demarcated, can there be dispute of any kind? Answer is yes, Centre has often encroached upon exclusive domain of State subject matters by passing laws on such subject(s). The prominent example of it is the exercise of power under the Disaster Management Act, 2005 which came to be invoked by Centre for issuing guidelines binding on States in light of prevention of global pandemic being COVID-19. Public health and sanitation are a specific field of legislation under Entry 6 of List II, implying that States have exclusive power to legislate upon matters wherein public health is an issue, however despite of that Central Government laid down an array of guidelines during the COVID-19 pandemic directing States to enforce those guidelines. In this article, the main focus will be regarding constitutionality of those guidelines issued by Centre and the interpretation laid down by the Judiciary in regards to similar incidents. Furthermore, the history of enactment of Disaster Management Act, 2005 and how the powers exercised under the guise of it, will be analyzed in order to arrive at a reasonable conclusion in relation to the present issue. Moreover, upon this premise of issuance of guidelines by Centre under the DMA Act, 2005, the Indian Federalism would be discussed upon the touchstone of judgements delivered by Hon’ble Supreme Court in said regard and by briefly comparing same with other federal jurisdictions such as United States. The entire Paper will be a blend of descriptive, historical, comparative and analytical approach.

Resolving Pending Cases through Alternative Dispute Resolution under Section 89 of Civil Procedure Code

Alternative Dispute Resolution refers to a variety of techniques for resolving disputes by means other than litigation. ADR System seeks to provide cheap, simple, quick and accessible justice. The object behind this provision is to avoid multiplicity of litigation, save valuable time, money and permit parties to amicably come to a settlement which is lawful, is in writing and is a voluntary act on the part of the parties. Further, to reduce burden of the court. The general principle is that all matters, which can be settled in a suit, can also be settled by means of compromise. The Act of 1999 has introduced a new provision, section 89 where the court may by itself, proactively refer a dispute for ADR methods such as Arbitration, Mediation, Conciliation and judicial settlement through Lok Adalat if it appears that elements of settlement, which may be acceptable to the parties to the dispute. This paper is intended to give an overview of procedural aspects as contained in Civil Procedure Code as well as of the different methods of Alternative Dispute Resolution with special reference to the judgement of the Hon’ble Supreme Court in the case of Afcons Infrastructure Limited and Another vs. Cherian Varkey Construction Company Pvt. ltd. & ors. 2010 by briefly overviewing the history of the section, the recommendations of various law commissions with respect to the same, the relation of the section with other statutes of India and the position of the provision as it stands today. This paper tries to explicit the categories of cases which are suited for ADR processes and the cases which are not suitable for ADR processes. Then the focus shifts on analysing the conditions, advantages and weakness of ADR. This paper ends by providing some recommendations for solving the issues concerned with Alternative Dispute Resolution.

Extraction of Sand from Waste dumps of Mining: A New Approach to Address the Environmental Issue of Goa

Goa is India's smallest state by area (3700 sq.km) but rich of mineral deposits such as -iron ore, manganese ore, bauxite and many minor minerals like basalt, laterite stones, rubbles, river sand etc., Exploration and exploitation for iron ore has started at the beginning of the 20th century. Iron ore mining in Goa is completely in the private sector. The mining belts extend over a length of 65km from SE to NW of the State covering around 700 sq.km. The iron ore deposits are distributed over the Northern, southern, and central blocks of Goa. It is the only state with large area under mining. Mineral production in Goa started in the late 1940s. Initially with Manganese ore but later shifted to iron ore with phenomenal growth in production. Every year around 60million tonnes of iron ore was being handled till 2015. Subsequently capping has been imposed by Hon’ble Supreme Court to mine 20 million tonnes from 100 mines by open cast method to control the pollution levels. The mining is carried out by mechanized methods and generated large number of employments, around 5 lakh people by both direct and indirect means. The state is having 400 million tonnes of iron ore resources. The highest production of iron ore from Goa was 40 million tonnes per annum in the past, but for extraction of everyone tonne of ore approximately 4 tonnes of waste rock has to be removed as the mining has gone deep and extent of each lease area is small. The waste rock comprises manganiferous and phyletic clays which are soft and easily erodible. Further, Goa witnesses heavy rainfall up to 3500mm during SW monsoon every year, thus the surface waters are getting polluted. As said above the lease areas are being small and the generation of waste rock is high. So, the disposal of waste rock and its prevention poses a problem. The analysis of waste rock indicates the waste rock is rich of sand grains which can be extractable by simple crushing and screening method. So, a detailed conceptual plan is necessary to sustain the mining and to tackle the environmental issues which are suggested in this paper.

In Re: Expeditious Trial of Cases U/S 138 of N.I. Act, 1881 – a Welcome Judgment

The Hon’ble Supreme Court’s decision in “In Re: Expeditious Trial of Cases U/S 138 of N.I. ACT, 1881” is a welcome judgment towards speedy disposal of cases relating to offences under section 138 of Negotiable Instruments Act, 1881 (N.I. Act). There are more than 35 lakhs cheque bounce cases are pending before various trial courts of India. The Hon’ble Supreme Court has observed that “there is no doubt or dispute about the fact that matters under the Negotiable Instruments Act have posed what by now has become an intractable problem accounting for close to 30 to 40 percent of the pendency in the trial courts and a very high percentage in the High Courts also”. To deal with the situation, the Hon’ble Supreme Court has suo motu taken Writ Petition to devise methods and to evolve a concerted and coordinated mechanism for expeditious trial of case U/S 138 of N.I. Act. The Bench after examining the reasons for the delay in disposal of the cases has issued seven important guidelines to expedite the hearing and disposal of the cases U/S 138 of N.I Act. The Hon’ble Supreme Court has also requested the High Courts including Supreme Court to identify the pending cases u/s 138 of the N.I. Act and refer them to mediation at the earliest and to settle the disputes through mediation. This is a novel concept under criminal law and highly welcome step. The guidelines issued by the Apex Court are law under Article 141 of the Indian Constitution and are bound to be followed by the all the courts in India and this move of the Hon’ble Supreme Court will surely expedite the trial of cheque dishonour cases u/s 138 of N.I. Act. Keywords: Section 138 of N.I. Act, Suo Motu Writ Petition, Guidelines, Article 141 of Indian Constitution.

In The Wake Of Equality – The Realization of The Rights of Transgender Persons in India

The right to recognition as a person before the law is guaranteed in numerous international human rights conventions, and is a fundamental aspect of affirming the dignity and worth of each person. Legal gender recognition is also an essential element of other fundamental rights including to privacy, to freedom of expression, to be free from arbitrary arrest, and rights related to employment, education, health, security, access to justice, and the ability to move freely. The transgender community in India were an ignored segment of the society and faced deep and pervasive discrimination, despite protection under various provisions of the Constitution. In April, 2014, Supreme Court in its landmark judgment of NALSA v. Union of India (hereinafter the NALSA judgment) ushered in the recognition of various civil and political rights of the transgender community. The genesis of this recognition lies in the acknowledgment of equal worth of every person and the right of choice given to an individual which is the inseparable part of human rights. This article understands the terminology ‘transgender’ in Indian context by assessing the interpretation of the hon’ble Supreme Court of India in various judgments. Further, it studies the process of recognition of the rights of the transgenders in India inclusive of a timeline from past to present. Thereafter, this article elaborates the gains of the transgenders in India from the beneficial legislations enacted for their upliftment and emphasizes on the Transgender Persons (Protection of Rights) Act, 2019.

Central Bank Digital Currency (CBDC) Can it Replace Notes and Coins in India

In golden old days when notes and coins were still to become medium of exchange, barter system was prevalent. With the growth of economies and trade relationship amongst countries, notes and coins emerged as means of exchange with global acceptability of currency unit of some countries like USD in foreign trade. Major disruption in the present system of use of currencies in settlement of goods and services is glaring in the form of digital currencies, popularly known as Crypto CurrencieslikeBitcoin. In this paper, effort has been made to understand need of Digital Currency from Central Banks (CBDC). The paper is an attempt to explain possibility of CBDC as replacement of actual currency and its advantages and disadvantages for India.In India, cryptocurrency was illegal either as means of exchange or as commodity for storage. After Hon’ble Supreme Court’s judgement on the issue, RBI has to explore possibility of usage of cryptocurrencies. A Bill is proposed on the subject in this session of Parliament. Challenges in introduction of CBDC in India, risk associated with CBDC and likely architecture of CBDC has been discussed in the paper. The paper provides idea aboutefforts in introduction of cryptocurrencies around the world so far.Further,the paper explores possibility of Financial Inclusion through CBDC and likely challenges for Central Banks on Monetary Policy front. The paper also explores possibility to make CBDC unique instrument for peer to peer offline transactions without mobile or internet connectivity.

Breakthrough in improvement of environment and forest ecosystem through rehabilitation of mines and reclamation of biodiversity in iron ore mines at Bellary sector of Karnataka India.

Mining is one of most destructive red industry responsible for degradation of all major components of the environment i.e. land, water, and air. The illegal mining coupled with excess illegal extraction of iron ore fueled to pollute the environment of Bellary sector during the first decade of this millennium. After series of investigations and reports, the Hon’ble Supreme Court of India took the cognizance and directed State Government to rehabilitate and reclaim the mining leases which are under operation/inactive. The task of preparation of rehabilitation and reclamation plans (R&R Plans) of all mines of iron ore in the Bellary sector was assigned to Indian Council of Forest Research and Education, Dehradun. The monitoring committee appointed by the Hon’ble Supreme Court was requested to monitor the implementation of R&R Plans. The author is one of the members of the three-member Committee. Various engineering structures for rehabilitation and biological measures for reclamation of biodiversity have been discussed in this article. Overall an area of about 10913.00ha. of 166 mines at the cost of Rs. 362.83 crores have been rehabilitated. Photographs of various works carried out in mines have been displayed. The implementation of R&R Plans is the milestone in overall improvement of environment in the history of mining sector. The environment, state of mining, illegalities, investigation and rehabilitation works as discussed in this article for Bellary sector is a result of direct contribution of the author for eighteen years.