Blog - Page 23 of 29 - The Law Literates

5Mar, 2023

Section 125 CRPC Maintenance/Increased maintenance/Supreme Court of India

SUPREME COURT OF INDIA

ANJU vs DEEPAK CRL-A 1693/22 28/09/22 [ DINESH JJ

• Section 125 CRPC Maintenance for wife and children Held, conduct of Respondent in not appearing before the Family Court despite issuance of warrants, clearly established his disregard for law and for his own family As his evidence was closed, allegations made by wife in her evidence remained unchallenged Wife clearly stated as to how harassment and cruelty as also neglect by husband led her to leave her matrimonial home with her children Documentary evidence led by her proved husband’s demand for money from her father – Thus, no reason for Family Court to disbelieve her version and believe oral submissions made by respondent which were not supported by evidence – Husband even questioned her chastity without any supporting evidence – Though Family Court rejected his application for DNA test and granted maintenance to son, it mis-directed itself by not granting maintenance to wife – Therefore, High Court erred in casually approving Family Court’s order without giving any reasons. [Paras 11 and 12]

11) it has been stated that it is a piece of social legislation which provides for a summary and speedy relief by way of maintenance to a wife who is unable to maintain herself and her children”. disregarded the aforesaid settled legal position, but had proceeded with the proceedings in absolutely pervert manner. The very fact that the right of the respondent to cross-examine the witnesses of the appellant-original applicant was closed, as he had failed to appear before the Family Court despite the issuance of warrants, clearly established that he had no regards for his own family nor had any regards for the Court or for the law. The allegations made by the appellant-wife in her evidence before the Court had remained unchallenged and, therefore, there was no reason for the Family Court to disbelieve her version, and to believe the oral submissions made by the learned counsel appearing for the respondent which had no basis. In absence of any evidence on record adduced by the respondent disputing the evidence adduced by the appellant, the Family Court could not have passed the order believing the oral submissions of the learned counsel for the respondent. She had clearly stated as to how she was harassed and subjected to cruelty by the respondent, which had constrained her to leave the matrimonial home along with her children, and as to how the respondent had failed and neglected to maintain her and her children. She had also proved by producing the documentary evidence that her father had paid money to the respondent from time to time to help the respondent for his business. Even if the allegations of demand of dowry by the respondent were not believed, there was enough evidence to believe that money was being paid to the respondent by the father of the appellant-wife, which substantiated her allegation that the
respondent was demanding money from her father and was subjecting her to harassment. The errant respondent had also gone to the extent of questioning her chastity alleging that Rachit was not his biological son. There was nothing on record to substantiate his such baseless allegations. His application for DNA test was also rejected by the Family Court. Of course, the Family Court granted the Maintenance petition so far as the appellant no.2-son was concerned, nonetheless had thoroughly mis-directed itself by not granting the maintenance to the appellant-wife.

12) Such an erroneous and perverse order of Family Court was unfortunately confirmed by the High Court by passing a very perfunctory impugned order. The High Court, without assigning any reasons, passed the impugned order in a very casual manner. This Court would have remanded the matter back to the High Court for considering it afresh, however considering the fact that the matter has been pending before this Court since the last four years, and remanding it back would further delay the proceedings, this Court deemed it proper to pass this order.

click here for read the judgment

Judgement_28-Sep-2022 ANJU GARG & ANR. APPELLANT(S) VERSUS DEEPAK KUMAR GARG

3Mar, 2023

What Is Order 7 Rule 11 CPC ? When plaint can be rejected ?/Blogs/Civil Laws

The presentation of a plaint, i.e. the pleading of the plaintiff in a suit; marks the institution of a civil suit. The Civil Procedure Code, 1908, provides for the remedy of rejection of plaint under Order VII Rule 11, on certain specifically states grounds. Order VII Rule 11 provides: “Court shall reject a plaint.

In Indian law, the rejection of a plaint refers to the dismissal of a case at its initial stage, i.e., before it goes to trial. The court can reject a plaint if it does not comply with the procedural requirements or if it fails to disclose a cause of action.

The main provisions dealing with the rejection of plaint is Order 7 Rule 11 of the Code of Civil Procedure, 1908. These provisions provide the grounds for rejecting a plaint and the procedure for doing so.

the plaint shall be rejected in the following cases:

a) If it does not disclose a cause of action;

b) If the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court, fails to do so;

c) If the suit appears from the statement in the plaint to be barred by any law;

d) If the plaint is not filed in the proper court;

e) If the suit is instituted against the provisions of the Code of Civil Procedure.

Order 7 Rule 11 of the Code of Civil Procedure provides that the court may reject the plaint if it appears from the statement in the plaint that the suit is barred by any law.

One of the important case laws regarding the rejection of plaint is the case of Sopan Sukhdeo Sable v. Assistant Charity Commissioner. In this case, the Supreme Court held that a plaint can be rejected only if the averments in the plaint, taken as a whole, do not disclose a cause of action. The court further observed that the test to determine whether a cause of action has been disclosed is whether, if the allegations made in the plaint are proved, the plaintiff would be entitled to the relief claimed.
In another landmark case, Salem Advocate Bar Association, Tamil Nadu v. Union of India, the Supreme Court held that the rejection of a plaint is a drastic action and should be resorted to only in clear cases where the plaint is vexatious, meritless, or instituted with an ulterior motive. The court further observed that the power to reject a plaint should be exercised cautiously and sparingly.
Surinder Singh Deswal v. Virender Gandhi: In this case, the Delhi High Court held that the power to reject a plaint is discretionary and should be exercised in accordance with the principles of natural justice and fairness. The court also noted that the plaintiff should be given a reasonable opportunity to be heard before the plaint is rejected.
Dr. Mahachandra Prasad Singh v. Sita Ram Thakur: In this case, the Patna High Court held that the rejection of a plaint on the ground of non-payment of court fees should be a rare and exceptional event, and should be done only when it is clear that the plaintiff has deliberately avoided paying the requisite fees. The court also observed that the plaintiff should be given an opportunity to rectify any defects in the plaint before it is rejected.

In conclusion, the rejection of plaint in Indian law is a crucial step in ensuring that only valid and legitimate cases are brought to trial. However, this power should be exercised judiciously and with caution, keeping in mind the principles of natural justice and fairness.

it’s my opinion

28Feb, 2023

Bail Assault Incident/Sections 147, 148, 149, 307, 452, 324, 504 and 506 IPC Section 437 CRPC

ALLAHABAD HIGH COURT

Satish vs State of UP CRLMBA 53/21 12/09/22 SUBHASH JJ

Sections 147, 148, 149, 307, 452, 324, 504 and 506 IPC Section 437 CRPC Bail Assault Incident took place because of a dispute between the parties regarding a piece of agricultural land F.I.R, alleges assaults made by sharp edged weapons by the applicant as by the co-accused As the applicant is claiming title to the land which appears to be the root cause of the incident, there appears to be no reasonable probability of his absconding, in case he is released on bail Application filed with affidavit of woman of the family stating that applicant has no criminal history – Neither applicant signed the affidavit nor has he provided any false information – Applicant claims to be recorded tenure holder of the piece of land in question – Members of both parties suffered injuries – Who was aggressor yet to be ascertained – Co-accused already granted bail – Applicant already acquitted in five out of 6 cases – Applicant directed to be released on bail – Conditions imposed – Bail application allowed. [Paras 4, 18, 19 and 21]

In the affidavit filed in support of the bail application, it has been stated that the applicant has been falsely implicated in the present case. The incident took place because of a dispute between the parties regarding a piece of agricultural land. The affidavit contains and undertaking that if the applicant is released on bail, he will not misuse the liberty and will not tamper with the evidence.

18. In Emperor v. H. L. Hutchinson AIR 1931 All 356, this Court had held that an accused person who enjoys freedom is in a much better position to look after his case and to properly defend himself than if he were in custody. As a presumably innocent person he is therefore entitled to freedom and every opportunity to look after his own case. A presumably innocent person must have his freedom to enable him to establish his innocence.
19. Having considered the submissions made by the learned Counsel for the parties in light of the law explained in the above referred judgments and gone through the record, I find the following factors to be relevant for deciding the application for grant of bail to the applicant: –
(i) The applicant claims himself to be a recorded tenure holder of a certain piece of land and the incident took place because the informant and some other persons of his side also claim rights in respect of the same land;
(ii) The applicant had lodged a Non Cognizable Report of the incident promptly on the same day i.e. on 05.10.2020, at 23:08 hours against the informant Raja Singh, his father Dinesh Singh and his uncle Sumant Singh complaining about the incident;
(iii) The medico legal examination reports of the applicant and Gore Sachan indicate that both of them had suffered injuries in the incident;
(iv) The present case prima facie appears to be a cross case and it is yet to be ascertained as to who was the aggressor;
(v) The F.I.R., alleges assaults made by sharp edged weapons by the applicant as by the co-accused Uttam Tiwari and the assaults made by both of them are said to have resulted in simple injuries to two brothers, and the co-accused Uttam Tiwari has already been granted bail by means of an order dated 01.02.2021 and the case set up against the applicant is similar to that set up against the co-accused Uttam Tiwari;
(vi) Although the applicant has a criminal history of six cases, in five cases he has already been acquitted and the appeal filed by the applicant against the conviction in the sixth case has been admitted by this Court and the order of sentence has been suspended by this Court;

(vii) The affidavit filed in support of the bail application contains an undertaking that if the applicant is released on bail, he will not misuse the liberty and will not tamper with the evidence and nothing has been said in the counter affidavit so as to raise a reasonable doubt against this undertaking ;
(viii) As the applicant is claiming title to the land which appears to be the root cause of the incident, there appears to be no reasonable probability of his absconding, in case he is released on bail.
20. In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed.
21. Let the applicant Satish Sachan be released on bail in Case Crime No. 481 of 2020, under Sections 147, 148, 149, 307, 452, 324, 504, 506 IPC, Police Station Ghatampur, District Kanpur Dehat on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.
(iv) The applicant shall not, directly or indirectly, make any inducement,
threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
22. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

for Read the judgment Click here

BAIL(A)_53_2021 (1)

27Feb, 2023

Commercial law And its Globalisation

Commercial law in India is a broad area of law that governs business transactions and activities. It encompasses a wide range of legal principles and rules related to commercial contracts, company law, banking law, securities law, and competition law, among other areas.

Commercial law in India is primarily governed by two key statutes: the Indian Contract Act, 1872, and the Sale of Goods Act, 1930. These two acts provide the foundational legal principles governing commercial contracts and the sale of goods, respectively.

In addition to these two key statutes, India has a comprehensive body of company law, governed primarily by the Companies Act, 2013, which regulates the formation, operation, and management of companies in India. This includes provisions related to the incorporation of companies, the duties and responsibilities of company directors and shareholders, and the procedures for corporate mergers and acquisitions.

India also has a robust banking and finance sector, governed by a range of laws and regulations related to banking, securities, and insurance. The Reserve Bank of India (RBI) is the primary regulator of the banking sector in India, and it issues regulations and guidelines related to banking operations, capital requirements, and prudential norms, among other areas.

Finally, India has a competition law regime, governed by the Competition Act, 2002, which is designed to prevent anti-competitive practices and promote fair competition in the Indian marketplace. The Competition Commission of India (CCI) is the primary regulator of competition law in India, and it is responsible for enforcing the provisions of the Competition Act.

Overall, commercial law in India is a complex and evolving area of law, which plays a crucial role in shaping and regulating the Indian economy.

Globalisation has had a significant impact on commercial law. Commercial law refers to the body of law that governs business and commercial transactions, including contracts, sales, and corporations. Globalization has led to an increase in cross-border transactions, which has created a need for harmonization of commercial laws across countries.

One way in which commercial law has become globalized is through the adoption of international conventions and treaties. For example, the United Nations Convention on Contracts for the International Sale of Goods (CISG) is a widely adopted convention that governs the sale of goods between businesses from different countries. The Convention provides a uniform set of rules for the formation of contracts, the obligations of the parties, and the remedies available for breach of contract.

Another way in which commercial law has become globalized is through the influence of international organizations such as the International Chamber of Commerce (ICC) and the International Institute for the Unification of Private Law (UNIDROIT). These organizations have developed model laws and guidelines that provide guidance on various aspects of commercial law, such as international arbitration, cross-border insolvency, and commercial contracts.

Furthermore, the growth of technology and the internet has created new challenges for commercial law. E-commerce, for example, has created a need for new regulations to govern online transactions. The growth of data protection and privacy laws also affects cross-border commercial transactions.

In summary, globalization has led to the harmonization and standardization of commercial law across countries through the adoption of international conventions, the influence of international organizations, and the development of new regulations to address new challenges posed by technology and the internet.

The globalization of commercial law with case law has had a significant impact on Indian law as well. India is a rapidly developing economy, and its legal system has had to adapt to the challenges and opportunities presented by globalization and the increasing interconnectedness of the world economy.

In recent years, Indian courts have increasingly relied on case law from other jurisdictions, particularly the United States and the United Kingdom, in developing commercial law principles. This is partly due to the fact that India has a common law system, which shares many similarities with the legal systems of these countries.

Case law has played an important role in shaping Indian commercial law in several key areas. For example, Indian courts have relied on case law from the United States and other countries in developing principles related to intellectual property rights, which are increasingly important in a globalized economy. Similarly, Indian courts have looked to case law from other jurisdictions in developing principles related to international trade and investment, including the enforcement of international arbitration agreements.

However, the globalization of commercial law with case law has also presented challenges for Indian law. For example, there is a tension between the need to adopt international commercial law principles in order to facilitate cross-border trade and investment, and the need to protect local businesses and industries from unfair competition. Indian courts have had to navigate this tension carefully, balancing the need to facilitate economic growth with the need to protect local businesses and industries.

Overall, the globalization of commercial law with case law has had a significant impact on Indian law, helping to shape and develop the country’s commercial legal system in the context of an increasingly interconnected and globalized world economy.

it’s my opinion

26Feb, 2023

human trafficking in India is the Immoral Traffic (Prevention) Act, 1956 (ITPA)/Laws/National & International Laws/Complication/Blogs

Human trafficking/ laws / Famous Cases/ Complication

Human trafficking is a form of modern-day slavery where individuals are exploited for labor or commercial sex through the use of force, fraud, or coercion. Human trafficking can take many different forms, such as:

Forced labor: Individuals are forced to work without pay or under inhumane conditions, often in industries such as agriculture, construction, domestic work, or manufacturing.
Sex trafficking: Individuals are forced to engage in commercial sex acts, such as prostitution or pornography.
Child trafficking: Children are forced into labor or commercial sex acts.
Debt bondage: Individuals are forced to work in order to pay off a debt that they cannot realistically repay.
Forced marriage: Individuals are forced into a marriage against their will.
Human trafficking is a global issue that affects millions of people worldwide. It is often linked to other crimes, such as drug trafficking, arms trafficking, and money laundering. Governments, NGOs, and international organizations are working to prevent human trafficking, protect victims, and prosecute traffickers.

Laws
Human trafficking is a serious crime in India, and it is addressed by various laws and regulations at the national and state levels.

The primary law that deals with human trafficking in India is the Immoral Traffic (Prevention) Act, 1956 (ITPA). This act was enacted to prohibit the trafficking of women and girls for commercial sexual exploitation and to provide for the rehabilitation of victims. The ITPA was amended in 2018 to address issues related to trafficking of men and children, forced labor, and online exploitation.

In addition to the ITPA, other laws that address human trafficking in India include:

The Protection of Children from Sexual Offences (POCSO) Act, 2012, which provides for the protection of children from sexual abuse and exploitation, including trafficking.
The Bonded Labour System (Abolition) Act, 1976, which prohibits bonded labor and provides for the punishment of offenders.
The Juvenile Justice (Care and Protection of Children) Act, 2015, which provides for the care, protection, and rehabilitation of children who are victims of trafficking.
The Prevention of Money Laundering Act, 2002, which criminalizes the laundering of proceeds from trafficking and other crimes.
India has also signed and ratified several international conventions and protocols related to human trafficking, including the UN Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

Famous cases related to human trafficking

There have been several high-profile cases of human trafficking in India over the years. Here are a few notable ones:

Suryanelli sex scandal: In 1996, a 16-year-old girl from Suryanelli in Kerala was abducted and sexually assaulted by a bus conductor, who then sold her to various men for 40 days. The case became a scandal as several high-profile people were implicated, including politicians and businessmen.
Baby Falak: In 2012, a two-year-old girl named Falak was admitted to a hospital in Delhi with severe injuries, including a fractured skull and bite marks all over her body. It was later revealed that she had been sold multiple times and subjected to physical and sexual abuse. The case led to widespread outrage and calls for stronger laws against human trafficking.
Sonagachi case: In 2016, a sex trafficking racket was busted in Sonagachi, Kolkata’s largest red-light district. The police rescued 25 girls and arrested several people, including a woman who ran the brothel and a man who acted as a pimp.
Nirbhaya case: The infamous 2012 Delhi gang-rape case also had elements of human trafficking. The victim, a 23-year-old medical student, was lured onto a bus by a group of men, who then gang-raped and tortured her. One of the perpetrators was reportedly a trafficker who had promised the victim a job before abducting her.
Operation Muskaan: This was a nationwide rescue operation conducted by the Indian police in 2019, in which over 15,000 children were rescued from various forms of exploitation, including trafficking. The operation was conducted over a period of two months and covered all 29 states of India.

Complications:

Human trafficking is a complex issue that can have far-reaching and long-lasting effects on individuals, communities, and societies. Here are some of the complications associated with human trafficking:

Physical and emotional trauma: Trafficked individuals may experience physical and emotional trauma, including physical abuse, sexual violence, and psychological trauma. These experiences can have long-term effects on the individual’s health and well-being.
Social stigma: Trafficked individuals may face social stigma and discrimination due to the nature of their exploitation, which can lead to isolation and further trauma.
Legal challenges: Trafficked individuals may face legal challenges in accessing justice and seeking redress, as they may not have legal status or may fear retribution from their traffickers.
Economic impact: Trafficked individuals may face significant economic challenges, as they may have lost their livelihoods, be in debt bondage, or be unable to access formal employment due to their legal status or lack of education.
Interconnectedness with other crimes: Human trafficking is often interconnected with other crimes, such as money laundering, drug trafficking, and terrorism, which can make it difficult to investigate and prosecute.
Transnational nature: Human trafficking is a transnational crime that often involves multiple jurisdictions, which can make coordination and cooperation between law enforcement agencies challenging.
Lack of awareness: Many people may not be aware of the signs of human trafficking or the scale of the problem, which can hinder efforts to prevent trafficking and protect victims.

laws and regulations at the national and international levels

Human trafficking is a serious crime that is addressed by various laws and regulations at the national and international levels. Here are some of the key laws related to human trafficking:

The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which supplements the UN Convention against Transnational Organized Crime. The Protocol provides a comprehensive definition of human trafficking and sets out measures to prevent and combat the crime, protect and assist victims, and promote cooperation among states.
The US Trafficking Victims Protection Act (TVPA), which sets out measures to prevent human trafficking, protect and assist victims, and prosecute offenders. The TVPA also includes provisions on forced labor, child labor, and sex trafficking.
The European Union Directive on preventing and combating trafficking in human beings and protecting its victims, which sets out measures to prevent trafficking, protect and assist victims, and prosecute offenders.
The Immoral Traffic (Prevention) Act, 1956 (ITPA) in India, which prohibits trafficking of women and girls for commercial sexual exploitation and provides for the rehabilitation of victims. The ITPA was amended in 2018 to address issues related to trafficking of men and children, forced labor, and online exploitation.
The Palermo Protocol, which is a supplement to the UN Convention against Transnational Organized Crime, and includes provisions on human trafficking, smuggling of migrants, and the use of false documents.
The Criminal Code of Canada, which includes provisions on human trafficking, forced labor, and child prostitution.
The Modern Slavery Act 2015 in the United Kingdom, which includes provisions on forced labor, human trafficking, and slavery.
These laws, along with other national and international instruments, aim to prevent human trafficking, protect and assist victims, and prosecute offenders. They also highlight the importance of international cooperation in addressing the crime of human trafficking.

it’s my opinion

24Feb, 2023

principle of sovereign immunity is recognized and has been incorporated in the Constitution of India under Article 300/Complications/Blogs

Sovereign immunity And it’s complications

Sovereign immunity is a legal principle that holds that the government, as a sovereign entity, cannot be sued without its consent. In India, the principle of sovereign immunity is recognized and has been incorporated in the Constitution of India under Article 300.

Article 300 of the Constitution of India provides that the government of India and the governments of the states have the power to sue and be sued. However, this power is subject to the provisions of any law made by the Parliament or the state legislature.

The principle of sovereign immunity has also been recognized by the Indian courts. In several cases, the courts have held that the government cannot be sued without its consent. However, the courts have also recognized some exceptions to this principle.

One such exception is that the government can be sued for its contractual obligations. If the government enters into a contract with an individual or a company, it can be sued for breach of contract if it fails to fulfill its obligations under the contract.

Another exception is that the government can be sued for acts done in violation of fundamental rights. If the government violates the fundamental rights of an individual, that person can approach the court and seek redressal.

In recent years, the Indian government has also enacted several laws that provide for the waiver of sovereign immunity in certain cases. For example, the Foreign Sovereign Immunities Act, 2011, provides that foreign states can be sued in Indian courts for commercial transactions, and the Prevention of Money Laundering Act, 2002, provides for the attachment and forfeiture of properties belonging to foreign states.

Overall, while sovereign immunity is recognized in India, there are several exceptions to this principle, and the government can be held liable in certain circumstances.

Sovereign immunity is a legal doctrine that states that the government and its agencies are immune from civil lawsuits or criminal prosecution. This doctrine has been widely recognized and applied in many countries, including India.

One famous case law related to sovereign immunity in India is the case of State of Rajasthan v. Vidyawati, decided by the Supreme Court of India in 1962. In this case, Vidyawati, a widow of a government servant, filed a suit against the State of Rajasthan claiming compensation for the death of her husband due to negligence on the part of the government. The state claimed sovereign immunity and argued that it could not be sued in a civil court without its consent.

The Supreme Court, in its judgment, held that the doctrine of sovereign immunity did not apply to the state in this case, and that Vidyawati had the right to sue the state for compensation. The court stated that the state is liable for the tortious acts of its employees, and that sovereign immunity cannot be used as a shield to protect the state from its liability.

This case established an important precedent in India, and has been cited in subsequent cases involving claims against the state or its agencies. It clarified the limitations of the doctrine of sovereign immunity in India, and ensured that citizens have a legal remedy against the government for any wrongs committed by its employees.

here are a few more notable cases related to sovereign immunity in India:

National Insurance Co. Ltd. v. Hindustan Safety Glass Works Ltd. (2003) – In this case, the Supreme Court of India held that the principle of sovereign immunity cannot be extended to cover the acts of public sector undertakings and statutory corporations. The court observed that such entities, while being controlled or owned by the state, must be treated as distinct legal entities capable of being sued for their actions.
Union of India v. Singh Builders Syndicate (2009) – In this case, the Supreme Court held that the government can be sued in cases where there is a breach of contract or failure to carry out its contractual obligations. The court noted that the government is bound by the same principles of contract law as private parties, and cannot claim immunity from suit in such cases.
Kerala State Electricity Board v. Kurien E. Kalathil (2000) – In this case, the Supreme Court held that the doctrine of sovereign immunity does not protect government employees from liability for their negligent actions. The court noted that while the state may be immune from suit, its employees are not, and can be held liable for their individual actions.

These cases illustrate the evolving nature of sovereign immunity in India, and how the doctrine is being interpreted by the courts to ensure that citizens have access to justice and a legal remedy against the state and its agencies.

The doctrine of sovereign immunity can create several complications in legal proceedings, some of which are as follows:

Access to justice: The doctrine of sovereign immunity can limit a citizen’s ability to seek legal recourse against the government or its agencies. In some cases, this can result in a lack of access to justice and an inability to seek compensation for wrongs committed by the state.
Unequal treatment: The doctrine of sovereign immunity can create unequal treatment between private parties and the state or its agencies. Private parties can be held accountable for their actions and sued for damages, while the state can avoid liability through the application of sovereign immunity.
Delay in justice: The doctrine of sovereign immunity can result in delays in the administration of justice. If a claimant is required to seek the consent of the government or its agencies before initiating legal proceedings, this can result in delays and additional hurdles that may prevent the claimant from obtaining a timely resolution of their claim.
Inconsistent application: The application of sovereign immunity can vary depending on the jurisdiction, the specific circumstances of the case, and the type of claim being brought. This can result in inconsistent application of the law, which can create uncertainty for parties involved in legal proceedings.
Conflicts with international law: The doctrine of sovereign immunity can sometimes conflict with international law, particularly in cases involving human rights violations or other violations of international law. In such cases, there may be a tension between the principles of state sovereignty and the need for accountability and redress for victims.

it’s my opinion

23Feb, 2023

Social Media law & complication/Blogs

Socials Media law & complication

Social media laws in India have become increasingly important in recent years, with the rise of social media platforms like Facebook, Twitter, Instagram, and WhatsApp. These laws are intended to regulate the use of these platforms and protect users’ rights and interests.

The primary law that governs social media in India is the Information Technology Act, 2000 (IT Act) and its subsequent amendments. The IT Act, along with the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, creates a legal framework for the regulation of social media in India.

Some of the important social media laws and regulations in India are:

Intermediary Liability: Section 79 of the IT Act provides for intermediary liability protection to social media platforms, making them immune from liability for user-generated content. However, this immunity is not absolute, and social media platforms are required to remove or disable access to unlawful content within 36 hours of receiving a complaint.

Cyberbullying and online harassment: The IPC and the IT Act provide for criminal sanctions against cyberbullying and online harassment. The IPC provides for punishment for criminal intimidation, insult, and defamation, while the IT Act prohibits cyberstalking, cyberbullying, and dissemination of sexually explicit material.

Data Privacy: The Personal Data Protection Bill, 2019, is currently under review and aims to regulate the collection, processing, storage, and sharing of personal data by social media platforms.

Fake news and misinformation: The government has introduced guidelines for social media platforms to prevent the spread of fake news and misinformation. These guidelines require social media platforms to take down content that is deemed fake or misleading.

Online content regulation: The government has recently introduced rules to regulate online content. These rules require social media platforms to provide information on the origin of messages, remove content that is considered unlawful or harmful, and appoint a grievance officer to address user complaints.

Some notable cases involving social media in India are:

The Blue Whale Challenge: The Blue Whale Challenge was a social media game that encouraged teenagers to engage in harmful activities, including self-harm and suicide. Several cases of teenagers committing suicide as a result of playing the game were reported in India.

Cambridge Analytica Scandal: In 2018, the Cambridge Analytica scandal broke, where it was revealed that the data of millions of Facebook users had been harvested without their consent. The Indian government launched an investigation into the matter, and Facebook was fined for failing to protect user data.

Mob lynchings: Several cases of mob lynchings were reported in India as a result of fake news and misinformation circulated on social media platforms like WhatsApp. The Indian government has introduced guidelines to prevent the spread of fake news and misinformation and hold social media platforms accountable for the content shared on their platforms.

In conclusion, social media laws in India are constantly evolving as the use of social media platforms becomes more prevalent. These laws aim to regulate the use of social media and protect users’ rights and interests. Social media platforms must comply with these laws and take steps to prevent the spread of fake news, misinformation, and harmful content on their platforms.

Adv Vaibhav Tomar (Advocate)

22Feb, 2023

section 376/354 IPC and POCSO Act etc.) no photographs of the victim are to be put up along with the petition but put it in a sealed cover and place the same before the court.”

DELHI HIGH COURT

Hon’ble Mr. Justice Jasmeet Singh passed the following directions in Bail Application no. 2850/2022 titled as Ankit Budhiraja vs The State of Delhi & Anr. Vide it’s order dated 22.09.2022
“In case of sexual assault matters (filed under section 376/354 IPC and POCSO Act etc.) no photographs of the victim are to be put up along with the petition but put it in a sealed cover and place the same before the court.”

click here for read the judgment

2022 ANKIT BUDHIRAJA …. versus THE STATE OF DELHI & ANR

21Feb, 2023

Blue-collar crimes, which refer to non-violent criminal activities committed by individuals working in manual labor or lower-paying occupations, are a significant issue in India./Blogs

Blue-collar crime refers to non-violent crimes committed by individuals who are typically employed in manual labor or lower-paying occupations, often involving theft, fraud, or other forms of white-collar crime.

There have been many studies conducted on blue-collar crime, which have revealed a variety of interesting findings. Some key insights from these studies include:

1. Blue-collar crime is often committed by individuals who have limited financial resources and perceive that they have few opportunities to improve their economic situation.

2. Many blue-collar crimes are committed by employees who work in positions of trust, such as cashiers, accountants, or bookkeepers.

3. The most common type of blue-collar crime is theft, which can take many forms, including shoplifting, embezzlement, and theft of company property.

4. Blue-collar criminals are often caught and punished less frequently than their white-collar counterparts. This is due in part to the fact that they tend to operate in less-scrutinized industries and are less likely to be the subject of regulatory oversight.

Here are a few examples of Indian case law related to blue-collar crime:

1.1 Theft: In 2020, a housekeeping employee at a private hospital in Mumbai was arrested for stealing 44 oxygen cylinders from the hospital. The employee was caught on CCTV cameras, and the stolen cylinders were worth around Rs 2 lakh.

1.2 Embezzlement: In 2018, a cashier at the Indian Oil Corporation’s petrol pump in New Delhi was arrested for embezzling Rs 1.6 crore over a period of six years. The cashier had been manipulating the cash register to divert money into his own account, and was caught after an internal audit.
1.3 Fraud: In 2016, a group of employees at a public sector bank in Mumbai were arrested for defrauding the bank of over Rs 2.3 crore. The employees had created fake accounts and manipulated records to siphon off the funds.
1.4 Wage theft: In 2019, a group of construction workers in Karnataka filed a complaint with the labor department, alleging that their employer had not paid them for over a year. The workers had been employed by a contractor to work on a government project, but the contractor had failed to pay them their wages, which amounted to around Rs 50 lakh.

These cases highlight the range of blue-collar crimes that occur in India, and the impact they can have on individuals and businesses.Blue-collar crime can have serious consequences for victims, who may lose money, property, or other valuable assets.

it’s my opinion ( Adv Vaibhav Tomar)

20Feb, 2023

Dying declaration and a deposition/Criminal Law/blogs/Latest Laws

Dying declaration and a deposition

A dying declaration and a deposition are two types of statements that can be used as evidence in a legal case.

A dying declaration is a statement made by a person who is believed to be on the verge of death and is aware of their impending death. This statement is admissible in court as an exception to the hearsay rule, which generally prohibits the use of secondhand statements as evidence. The rationale behind the exception is that a person in their final moments is unlikely to lie, and it may be the only opportunity for the person to provide crucial information about a crime. However, for a dying declaration to be admissible, the person must have made the statement with a clear understanding of the situation and without any undue influence.

A deposition, on the other hand, is a statement made by a witness or a party to a legal case outside of the courtroom, usually in response to written or oral questions. Depositions are typically taken as part of the pretrial discovery process and can be used as evidence in court if the witness is unavailable or unable to testify at trial. Depositions are taken under oath, and the statements made are recorded by a court reporter or through audio or video recording.

one of the most famous case in which a dying declaration was used as evidence is the case of Mithu vs. State of Punjab (1983). In this case, the Supreme Court of India held that a dying declaration could be relied upon as the sole basis for a conviction, provided that it was found to be voluntary, truthful, and reliable. The court also stated that the dying declaration must be corroborated by other evidence, if possible.

In the case of State of Punjab v. Ramdev Singh (2004), the Indian Supreme Court emphasized the importance of ensuring that a dying declaration is free from any influence or coercion. The court held that the statement should be recorded in the presence of a magistrate, and that the magistrate should satisfy himself that the person making the statement is conscious and in a fit state of mind.

In summary, the admissibility of a dying declaration as evidence in a trial depends on a number of factors, including the circumstances under which the statement was made, the reliability of the statement, and the rules of evidence in the particular jurisdiction. However, case law has established that a properly recorded and reliable dying declaration can be a powerful piece of evidence in a criminal trial.

it’s my opinion