Ble Supreme Court Research Articles

Virtual Currency Hits The Indian Legal Turf: A Deconstruction of The Hon’ble Supreme Court’s Judgment in The Case Internet and Mobile Association of India Vs RBI

Virtual Currency Hits The Indian Legal Turf: A Deconstruction of The Hon’ble Supreme Court’s Judgment in The Case Internet and Mobile Association of India Vs RBI

Victimization of LGBT Community in India

After the decision of Hon’ble Supreme Court in Suresh Kumar Kaushal v. Naz Foundation where court set aside the order of High Court by terming same section relationship illegal court focuses its idea by saying that Section 377 does not violate Article 14, 19 and 21. Through this research, researcher will trying to analyze the effectiveness of section 377, how is it being implemented on ground level, various issues and challenges faced by LGBT’s faced in India despite of certain laws in their favor and give some recommendations for better implementation of laws and protection of gay-rights as human rights if needed. LGBT has become a widely accepted designation for minorities based on sexual and gender orientation. All members of these subgroups are subject to similar prejudices rooted in beliefs and traditions about sexuality and gender. LGBT people, as members of a social minority group, are suffering from various forms of socio-economic and cultural injustice. The lacks of social recognition has an effect on the capacity of LGBT people to fully access and enjoy their rights as citizens. They are more likely to experience intolerance, discrimination, harassment, and the threat of violence due to their sexual orientation, than those that identify themselves as heterosexual. Highlighting some major problems faced by LGBT people in India is the theme of this article.

Genericide, A Quintessential Outcome of Ignoring Passing off or Infringement of Geographical Indications

The theme of this paper is Genericide of Geographical Indications. It traces the historical foundation for evolution of Geographical Indications as an Intellectual Property. It reflects on the concept of ‘property’ and ‘intellectual property’ as elucidated by Salmond in his legal classic on Jurisprudence and by the Hon’ble Supreme Court of India. The role of TRIPS in catalysing the enactment of a ‘sui generis’ legislation on Geographical Indications in India i.e., The Geographical Indication of Goods (Registration and Protection) Act, 1999. It discusses a field trip undertaken by the writer to understand the GI potential of a specific variety of rice cereal ‘Zinnia 31’ (Wada Kolam).

The Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975; Worst Consequences of non Implementation

After Partition of British-India in 1947, properties which were left by Hindus in Pakistan are called as evacuee properties and the migrants who came from India are called as displaced persons, these migrants also abandoned their properties in India due to which, they allowed to claim allotment of land against their verified claims in Pakistan for their own rehabilitation under Displaced Persons (Compensation and Rehabilitation) Act, 1958. Offices of Settlement Commissioners were also established under the Act, 1958 ibid. Numerous complaints regarding bogus claims and fake allotments received to the Chief Settlement Commissioner, who in order to curb fraudulent allotments, issued a notification dated 16.05.1973 and Imposed complete ban on the allotment of such Evacuee lands. Notification ibid, was upheld by the Hon'ble Supreme Court judgment reported as 1997 SCMR 16351. In addition to this, all the Evacuee Laws stood repealed through the Evacuee Property and Displaced Persons Laws ( Repeal ) Act, 19752 w.e.f 1st July 1974. Contrary to this, enforceability of the Repealing Act, 1975 ibid, has been remained in doubt since its enactment. The aim of this article is to determine that to which extent Repealing Act, 1975 ibid, is not being implemented by the judicial and executives authorities. The first part of this article describes critical analysis of the legal implementation of Repealing Act, 1975 ibid. The second part of this article briefly outlines Consequences of the non implementation of the Repeal laws Act 1975. Third Part of this article explores the scope of Article number 189 and 190 of the constitution of Islamic Republic of Pakistan 19733. Fourth Part of this article discusses judicial Role of the Executive and Judicial Authorities in the implementation of the Repealing Laws Act 1975 ibid. Part five of this article Concludes that whether Executive and Judicial Authorities are working in aid to the Supreme Court as far as Implementation of the Repealing Laws Act, 1975 ibid, is Concerned.

Supreme Court Rules, 2013- A Need to Revise

The Supreme Court Rules, 2013 have been framed under the powers vested in the Hon’ble Court under Article 145 of the Constitution of India and come in force with the approval of the Hon’ble President of India. This Article attempts to show that some of the Rules and the Practices in the Hon’ble Supreme Court of India are not aligned with the Constitution of India. Illustratively a) Summary Determinations in Appeals b) Review Jurisdiction – Procedures [Motion for Reconsideration in US, UK etc.] A suggestion for revision of the rules is being made in this article so as to align them with the Constitutional principles including promoting Justice – Preamble and Article 38 of the Constitution. The current Review Jurisdiction, at a conceptual level, is focused on finality of a Judgment and not on delivery of Justice. This is reflected by the Explanation inserted in Order XLVIII Rule 1 in the Code of Civil Procedure, 1908. This explanation is included in the Supreme Court Rules 2013 by virtue of Order XLVIII Rule 1 of these rules. This piece is being written as part of the Fundamental Duty of this Citizen – Article 51A: Clauses (a), (j) and (h).

Resurrecting the debate on ‘due process paranoia’ in Centrotrade: Paranoia or Judiciousness?

Abstract Recently, the Hon’ble Supreme Court of India in Centrotrade Minerals and Metals Inc v Hindustan Copper Ltd, rejected an application for non-enforcement of a foreign award and justified its ‘pro-enforcement’ bias. The Apex Court was of the opinion that there was no due process violation as the arbitrator provided enough opportunities to the parties to present the case but the respondent failed to abide by the timelines. Although, the Court has correctly interpreted the scope of due process but unfortunately, failed to address the repeated extension of arbitral proceeding at the cost of efficiency and speed. On a closer study, the Apex Court’s ruling resurrects a puzzling question of the arbitrator’s perceived reluctance to reject dilatory tactics of the respondent during arbitral proceeding. This article examines the implications of the ruling on arbitrators as they may be more exposed to the unscrupulous attempts of the parties to wilful delay under the garb of ‘due process paranoia’.

Extra-Judicial Killing: A Threat to Democracy

This article provides a brief view about the extra judicial killings in India. It discusses in view of some recent cases how staged encounters or extrajudicial killings empower the police to play the role of a judge and executioner and leads to a direct violation of Article 21 as the procedure established by law is not followed in such a case. The article highlights the view of the Hon’ble Supreme Court of India while dealing with the cases of extra judicial killings. It also highlights that in a democratic country like India, the approach should be to establish the value of human life and dignity.

Right Against Exploitation under Article 24 of the Indian Constitution

Article 24 of the Constitution prohibits the employment of children in hazardous environments. The provision is worded in a manner that allows horizontal application of the right guaranteed thereby. However, the Hon’ble Supreme Court of India’s method of applying this horizontal right is obscure. On one hand, the Court in People’s Union for Democratic Rights v. Union of India indulged in a direct horizontal application of the right conferred under the Article, while on the other hand, the Court in the case of M. C. Mehta v. State of Tamil Nadu, undertook a combined indirect horizontal and vertical application of the Article. This paper attempts to identify the exact manner of applicability of the right under Article 24, by tracing its development, with specific reference to the Supreme Court’s interpretation of the same. Further, this paper explores the possibility of reading the right against exploitation in a more inclusive manner, as has been done for right to life under Article 21. The author has been inspired by the International community’s perception of child labour, specifically, the Constitution of Ireland and the Bill of Rights of South Africa, in putting forward arguments to augment the expansion of the scope of Article 24.

Arbitration. Applicability of sect.87 of Arbitration & Conciliation Act,1996-Constitutional validity of sect.87 of Arbitration & Conciliation Act,1996 as inserted by sect.13 of Arbitration & Conciliation (Amd) Act,2019-Constitutional validity of repeal of sect.26 as inserted by the Arbitration & Conciliation (Amd) Act, 2015-Challenge to various provisions of Insolvency & Bankruptcy Code,2016. India. Hon’ble Supreme Court of India –Appellate Jurisdiction– Auth:Rohinton Fali

View Arbitration. Applicability of sect.87 of Arbitration & Conciliation Act,1996-Constitutional validity of sect.87 of Arbitration & Conciliation Act,1996 as inserted by sect.13 of Arbitration & Conciliation (Amd) Act,2019-Constitutional validity of repeal of sect.26 as inserted by the Arbitration & Conciliation (Amd) Act, 2015-Challenge to various provisions of Insolvency & Bankruptcy Code,2016. India. Hon’ble Supreme Court of India –Appellate Jurisdiction– Auth:Rohinton Fali Nariman – 27.11.2019. by Nikhil Palli - Revista Brasileira de Arbitragem

Online Hate Speech: A Critical Appraisal of law relating Electronic Evidence in India

We are living in the era of technology and internet is gift of technology. The advantage of internet is blessings but misuse of internet results into the headache. Online hate speech is one of the issues of the modern era. The legal mechanism is also going through big challenge regarding the protection of online hate speech in India. Section 66 A of the Information Technology Act, 2002, was struck down by the Hon’ble Supreme Court and it created challenge for the protection of online hate speech. We have seen number of incidence where fake news/objectionable materials/hate speech/rumors are put through computer resources and communication devices. It had spread hate and violence in the large number of cases. The researcher put light on the notion of hate speech and discuss in detail the international law, domestic law and judicial pronouncements. Civilized Society is facing enormous crisis to deal with online hate speech. The researcher is examining the existing legal mechanism on online hate speech with the relevant provisions of the law and judgments. Electronic evidence is vital to judge the online hate speech. The legal mechanism and judicial pronouncements on the electronic evidence are scrutinized in

Constitutional Aspect of Hon’ble Supreme Court of India in Delivering the Judgments Relating to Cases Challenging the Constitutionality of Death Penalty

Constitutional Aspect of Hon’ble Supreme Court of India in Delivering the Judgments Relating to Cases Challenging the Constitutionality of Death Penalty

Misuse of the 498-A IPC on the Persons Suffering From Disabilities- (AN Over View on the Provisions of 498-A I.P.C, & Disability Act in India)

The provisions of section 498-A in the Indian Penal Code (in short IPC) are made for the protectIng the women from cruelty form the hands of the Husband and her in-laws, But last more than three decades it has been severely misused, which, too, have been observed in the Judgments passed by the various Hon’ble High courts as well as the Hon’ble Supreme Court of India, concerning about its misuse for personal vendetta and for settling their personal scores. Whereas 2.1% of the Indian population is suffering from disabilities. The Rights of Persons with Disabilities (RPwD) Act, 2016 replaced the old version of the law passed in 1995, but how far it helps in protecting the safeguards for the Disabled ( More precisely called as “specially-abled”) people, who are facing the protracted criminal trials at the instance of the complaint filed under 498-A IPC, having ONLY vague and unsubstantiated allegations.. An attempt has been made to do a comprehensive study analyzing these aspects, in this paper

AUTO LPG AS AN ALTERNATIVE FUEL AND ITS PROSPECTS TO COMBAT AIR POLLUTION IN GUWAHATI CITY, ASSAM, INDIA

Auto LPG is considered as an environment friendly fuel. Auto LPG powered cars emit less pollutants compared to the other conventional fuels by 15-20% less carbon dioxide (CO2) than their petrol- and diesel-motivated counterparts and emit virtually no nitrogen oxides (NOX) or particulate matter (PM). LPG is legal to use as an automobile fuel by Government of India by Liquefied Petroleum Gas (Regulation of use in Motor Vehicles Order, 2001 dated 1st August 2001 under instruction from the Hon’ble Supreme Court to reduce automobile pollution in Indian cities. There are more than 27 million Auto LPG vehicles in use around the world. In India, there are about 2.32 million vehicles running on Auto LPG in 2018 with 1300 filling stations in 500 cities. In Assam there are four refineries. At present Guwahati is considered as one of the most polluted city in India. So, Government policies and regulations is very mush essential to popularize auto LPG as an alternative fuel in Assam for improving the air quality as well as to combat climate change. In 2007, four numbers of Auto LPG dispensing stations were set up in Assam which is now in non-functional mode. In this paper a survey was conducted to analyze the awareness and extent of adoption and perception of Auto LPG in Guwahati City.

MEDICAL ETHICS & MEDICAL NEGLIGENCE – A SYSTEMATIC PURVIEW WITH JUDICIAL INTERPRETATION

In every profession or calling certain kind of ethical code of conduct is always a sine quo non for its effective functioning and accountability. So far as Medical profession or Health Care Utility is concerned, it also plays a most vital role in protecting the society by providing its best expert medical service which is in turns saves the life's of millions of people who are in need of these services of professionals and organizations when they are in bad state of health conditions. The Constitution of India incorporates provision guaranteeing everyone's right to the highest attainable standard of physical and mental health. Article 21 of the Constitution of India guarantees protection of life and personal liberty to every citizen.The Hon'ble Supreme Court of India has held that in State of Punjab Vs.Mohinder Singh Chawla (1997)2 SCC 83. – “That right to health is integral to the right to life and the government has a constitutional obligation to provide health facilities

“Witness Protection: An Important Measure For The Effective Functioning Of Criminal Justice Administration”

The efficacy of criminal justice administration can be adjudged by the ability of courts to punish the wrongdoer and impart justice to the victim. During the process of finding the guilt, courts rely upon the evidence adduced by the parties in the oral or documentary form. The oral evidence is submitted by the means of versions of witnesses. Witness act as a valuable source of information for the courts to bring out the guilt of the accused. The versions of witness facilitate the courts to arrive at a judicious decision. Therefore, the witness plays a prominent role in criminal justice administration. For this reason, Whittaker Chambers said, “In search of truth, he plays that sacred role of the sun, which eliminates the darkness of ignorance and illuminates the face of justice, encircled by devils of humanity and compassion.”[1] However, it is a bitter truth that the condition of witnesses is turning pathetic in the justice administration system day by day. The reports of inducement, threatening, harassment and intimidation of witnesses are coming every day on a rolling basis. All these incidences create fear in the mind of witnesses due to which witness hesitate to come forward to cooperate in the court process and often turn hostile. Moreover, a witness also falters due to lack of witness protection mechanism in our country. Law Commission of India in its various reports highlighted the problems faced by the witness during the course of the trial and recommended to incorporate a comprehensive policy on witness protection. Hon’ble Supreme Court of India through its judgement revamped the urge for witness protection regime in the Indian judicial system. In this research paper, the researcher seeks to highlight the problem faced by the witnesses in the criminal justice system and discuss the issue of witness protection in India.
 
 [1] https://www.scconline.com/blog/post/tag/sit-and-cbi-probe/

Religion v. Reform: Role of Indian Judiciary vis-à-vis ‘Essential Religious Practices’ Test

Even though India has considerably benefited from the distinction between what is essential to a religion and what is not, the “essential religious practices” test has always remained a debatable issue regarding its legality in a secular state. Very recently, the Supreme Court resorted to the said test while deliberating upon the issue of triple talaq in Shayara Bano v. Union of India, where it could have easily taken the gender based reasoning to reach its final judgment. However, not only in this case but in many others also, the Supreme Court has preferred to declare something as not essentially religious, rather than subjecting it to other secular tests like public order or morality and more so, avoiding to adopt an approach towards horizontal application of fundamental rights. The legitimacy of the test has come into limelight yet again with the case of Goolrokh Gupta v. Burjor Pardiwala. Though the Hon’ble Supreme Court has passed an interim order in favour of the Parsi woman, thereby allowing her to attend her parent’s last rites, the primary question as to what constitutes the religious identity of a Parsi has not yet been settled. It is just a matter of time before we get to see the verdict of the Hon’ble Court and also which path it ultimately resorted to. In this context, the present paper seeks to delve into the question of competency of the Courts in transforming itself into a theological authority by tracing the evolution of the test and analysing its legitimacy in a nation like India, by briefly comparing with the ECthR doctrine of margin of appreciation.

Rubber plantation as a supplementary mechanism for degrading forest resources in Arunachal Pradesh-with reference to Siang Belt Region

Arunachal Pradesh, popularly known as ‘The Land of the Rising Sun’ is embodied with varied flora and fauna species. The state having the largest area (83,743 sq.km.) among the states of north east region has vast forest coverage accounting for almost eighty percent of the total. Moreover, it is agro-climatically feasible for undertaking various agricultural as well as horticultural activities though area under plain is very few due to mountainous terrain. As a matter of fact, major portion of state’s overall revenues belonged from forest-based resources prior to the Hon’ble Supreme Court order of 1996. This court ordinance banning the operation of sawmills and other forest-based industries within the state had somehow restricted the over-exploitation of forest resources mainly timber and logwood. However, the rising population of the indigenous tribal community and their growing needs for the very livelihood are inflicting high pressure on the existing forest resources. On the other hand, Rubber Plantation is one of the most popular commercial plantation activities undertaken by the tribal community of the state in the very recent time. This plantation activity is found to be pulling the interest of the tribal populace in great extent due to its socio-economic viability and ecological benevolence thereby minimizing the burden of forest. By considering this development, the present study had emerged wherein attempt has been made to establish the reason (s) as to why rubber plantation is a supplementary mechanism for the degrading forest-based resources in the state. In the present paper, 150 indigenous rubber growers were selected by applying snowball sampling and they were thoroughly interviewed. Both primary and secondary data have been employed and the data so collected have been processed for building meaningful conclusions.

Acceptance of Legalization of Euthanasia in India and Chance of Medical Miracle-A Survey among Medical Students

The Hon'ble Supreme Court of India, on 9th March 2018 legalized Passive Euthanasia by means of the withdrawal of life-support to patients in a permanent vegetative state. The decision was made as part of the verdict in a case involving Aruna Shanbaug, who had been in a Persistent Vegetative State (PVS) until her death in 2015. On the other side, events seemingly inexplicable, outside the range of medical precedents, the Medical Miracles make a question mark on this legalization. A study was conducted taking the views of 96 MBBS students on it based on a questionnaire. There was mixed response from the students and the expectations of some miraculous outcome (in treatments) have been expressed that imposes a still persisting doubt in justified acceptability of legalization of Euthanasia in India.

The ‘Shared Household’ Argument & Other Fundamentals: The Protection of Women From Domestic Violence Act, 2005 (43 of 2005)

A daughter-in-law has no right in the property which is exclusively owned by her parents-in-law and further, such property of the parents-in-law is not a ‘shared household’ under the provisions of the DVA. As per the mandate of Section 2 (q) of the DVA read with the dictum of the Hon’ble Supreme Court of India in the matter of Hiral P. Harsora & Ors V/s Kusum Narottamdas Harsora & Ors, the term “respondent” is to mean any person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under the DVA.

Overview of Plea Bargaining in India

Plea Bargaining is introduced with the objective of lighten the courts of the burden of pendency of cases and speedier disposal of cases. As we all know, our judicial system is very powerful system around the world but having serious problem of judicial backlog and pendency of cases. Conviction rate is also very low. Therefore, the Law Commission of India recommended the concept of plea bargaining but our Hon’ble Supreme Court found this concept unconstitutional or illegal. This paper analyse the process of Legislature to incorporate this concept on recommendations of Law Commission of India. Author tries to analyse the views of Supreme Court on plea bargaining with the help of cases. He also tries to trace the history of the concept of plea bargaining. Efforts have been made to lay down the procedure of plea bargaining in our criminal justice system. Further this paper talks about the defendant’s as well as prosecutor’s or Judge’s incentives for accepting Plea Bargaining and also find out the drawbacks of this concept. Finally author concludes by saying that there is need of strong mechanism or safeguards to make this concept more effective or to overcome the criticisms and to fulfill its desired objectives.