Author: PRASANNASRI26092001

Anvar P.V v. P.K. Basheer & Ors (2014 10 SCC 473) Section 65A and 65B- Admissibility of Electronic Records of Indian Evidence Act, 1872

Author- Sandra Jini Saju, Student at Christ Academy, Institute of Law, Bengaluru, Karnataka, India.

Best Citation – Sandra Jini Saju, Anvar P.V v. P.K. Basheer & Ors (2014 10 SCC 473) Section 65A and 65B- Admissibility of Electronic Records of Indian Evidence Act, 1872, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 579-782, ISSN – 2583-2344.

ABSTRACT

Section 65A and 65B of the Indian Evidence Act, 1872 engrafts the admissibility of electronic records. After the enactment of Information Technology Act, 2000, Section 65A and 65B were added to Chapter V of the Indian Evidence Act, to corroborate standards for admissibility and authentication of electronic evidence in the Courts as a documentary evidence. Before the enactment of Section 65A and 65B Courts followed the Sections 61-65 while considering the admissibility of electronic evidences. After the amendment in 2000 the issue regarding admissibility was raised foremost in State v. Mohd. Afzal^[1], 2003 in which Delhi High Court held that certification is not mandatory for admission of electronic evidence. Thenceforth in the landmark judgement of State (NCT of Delhi) v. Navjot Sandhu^[2], 2005 case court have substandard the admissibility criteria mentioned under Section 65B (4) that even if the requirements are not fulfilled electronic evidence can be admitted as a documentary evidence, which created an irregularity in the procedure of admission of electronic evidence. Anvar P.V v P.K Basheer^[3], 2014 curb the controversies to the admissibility of electronic evidences and tried to bring a uniform practice in admissibility requirements and mandated one particular method of practice. Through this paper researcher would be analysing the relevance of Section 65A and 65B for admissibility of electronic evidence through judicial pronouncements.

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[1] State v Mohd. Afzal, [2003] 107 DLT 385.

[2] State (NCT of Delhi) v Navjot Sandhu, [2005] 11 SCC 600.

[3] Anvar PV v PK Basheer [2014] 10 SCC 473.

INTERNET AND ITS IMPACT ON FREE SPEECH

Author – Parnika Rajesh, Student at Christ (Deemed to be University), Delhi NCR

Best Citation – Parnika Rajesh, INTERNET AND ITS IMPACT ON FREE SPEECH, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 573-578, ISSN – 2583-2344.

Abstract

Freedоm  оf  Sрeeсh  аnd  Exрressiоn  is  оne  оf  the  imроrtаnt  fundаmentаl  right  whiсh  is  guаrаnteed  by  the  Соnstitutiоn  оf  Indiа  under  Аrtiсle  19(1)  (а)    whiсh  stаtes  thаt  “аll  сitizens  shаll  hаve  the  right  tо  freedоm  оf  sрeeсh  аnd  exрressiоn”^[1].  The  рhilоsорhy  behind  this  Аrtiсle  lies  in  the  Рreаmble  оf  the  Соnstitutiоn-  that a solemn resolve is been made to secure the liberty of thought and expression of all its citizens. The  term  ‘freedоm  оf  sрeeсh  аnd  exрressiоn’  meаns  аny  асt  оf  seeking,  reсeiving  аnd  imраrting  infоrmаtiоn  оr  ideаs,  regаrdless  оf  the  medium  used. Nоw  with  the  grоwing  use  оf  internet  dаy  by  dаy,  it  gives  аn  unрreсedented  орроrtunity  fоr  the  freedоm  оf  sрeeсh.  Due to the diversity of the content and ease of its use, the internet has become controversial. The unrestricted flow of information has increased the need for content regulation that might potentially harm users. Additionally, these social media platforms need to have stricter regulatory policies to stop the flow of any misleading information.  The  рарer  lооks  intо  the  аsрeсt  thаt  how the internet has impacted the right to free speech and expression that is guaranteed by the constitution. It also looks into the aspect that internet, though having a strong public sphere, it should also receive the same level of protection as the right of expression receives in the physical world.

Keywords: Fundamental rights, Freedom of speech, information, internet

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[1] INDIA CONST. art 19(1) (a)

PUBLIC HEALTH AND LEGAL DIMENSIONS OF COVID-19 IN INDIA: AN ANALYSIS

Author – Dr. Sameera Khan, Aligarh Muslim University

Best Citation – Dr. Sameera Khan, PUBLIC HEALTH AND LEGAL DIMENSIONS OF COVID-19 IN INDIA:AN ANALYSIS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 567-572, ISSN – 2583-2344.

Abstract

The Covid-19 Pandemic affected all spheres of life across the globe be it social, economic, political, and cultural. The Pandemic came without a warning and the unpreparedness of the states around the globe was exposed. The legislative provisions to tackle the Pandemic were also found to be inadequate since they were outdated and enacted without envisioning a Pandemic of such a large scale. The provisions invoked by the Government were the 160 years old Indian Penal Code, 1860, the 123 years old Epidemic Diseases Act, 1897 and specific sections of Disaster Management Act, 2005. The execution of these laws was inadequate in controlling the spread of the virus. In order to provide a quick redressal, the Epidemic Diseases (Amendment) Ordinance, 2020 was also promulgated by the President. The vulnerability of the public health system in the face of the Pandemic was exposed. The aim of the paper is to examine the response of the Government to the Covid-19 Pandemic using legislative and constitutional provisions. It aims to identify the gap in existing legislation and the grey areas in the statutory provisions. The author further suggests recommendations for the amendment of current legislation.

Keywords: Covid-19, Pandemic, Public Health, Legal Dimensions, Epidemic Diseases Act, 1897, Disaster Management Act, 2005.

Scope of ‘Price linked subsidies’ under GST valuation provisions and their overlapping with ‘Purchase discounts’

Author – KRISH BHATIA, Student at CHANDIGARH UNIVERSITY

Best Citation – KRISH BHATIA, Scope of ‘Price linked subsidies’ under GST valuation provisions and their overlapping with ‘Purchase discounts’, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 563-566, ISSN – 2583-2344.

Abstract 

The scope of “price-linked subsidies” under the Goods and Services Tax (GST) valuation provisions and their overlap with “purchase discounts” is an important issue that needs to be understood by businesses and policymakers.

Price-linked subsidies are a type of financial assistance provided by the government to a manufacturer or supplier, which is linked to the price of the goods or services being supplied. These subsidies are intended to reduce the overall cost of the goods or services for the consumer and can take various forms, such as direct cash payments, tax credits, or reductions in customs duties.

Under GST provisions, price-linked subsidies are considered part of the value of the goods or services being supplied and are therefore subject to GST. However, there may be cases where the value of the subsidies is not clearly defined or is difficult to determine, which can lead to confusion and disputes over the GST liability. Purchase discounts, on the other hand, are reductions in the price of goods or services that are offered by the supplier to the purchaser. These discounts can be offered for various reasons, such as early payment or volume purchasing, and are not linked to the price of the goods or services. Purchase discounts are generally not considered part of the value of the goods or services for GST purposes, and are therefore not subject to GST

INDIA AND MARITIME LAWS: A SYSTEMATIC REVIEW OF THE MARITIME PIRACY BILL, 2019

Author – KAVISH GARG & MD TAUHID KARIM, STUDENT AT CHRIST UNIVERSITY, DELHI NCR

Best Citation – KAVISH GARG & MD TAUHID KARIM, INDIA AND MARITIME LAWS: A SYSTEMATIC REVIEW OF THE MARITIME PIRACY BILL, 2019, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 554-562, ISSN – 2583-2344.

ABSTRACT

Maritime piracy is a complex transnational security issue that is characterised by new worldwide financial activities and organisational structures, an excess of labour, and low entry barriers. The Indian Navy and Coast Guard have been actively patrolling, which has resulted in the capture of pirates and the requirement to punish them by specialised domestic legislation. Charges like armed robbery (Section 392 of the IPC) and claiming the admiralty courts’ jurisdiction (which deals with marine and maritime matters) were deemed lacking. To prosecute piracy acts and ensure the safety of Indian maritime trade, vessels, and crew, the anti-piracy statute special was required. External minister S Jai Shankar while moving the bill in the house asserts that this law will play a crucial part in protecting sea routes since over 90% of India’s trade is conducted by coastal lines, and more than 80% of the nation’s hydrocarbon needs were supplied through the sea. 27 incidents involving 288 Indian nationals were detected between 2008 and 2011, and 19 cases involving 155 Indian crew members were detected between 2014 and 2022.  The Indian parliament passed Anti maritime Piracy Bill in 2019 to assure respect and commitment to international law as India is a member of the united nation convention on the law of the sea (UNCLOS), but is yet to form any municipal laws regarding the same. The researcher in this paper tries to analyse and examine the effect of the Anti-Maritime Piracy bill, of 2019. The researcher also tries to evaluate the legal history of piracy in India. The paper examines the current scenario of piracy law in India and the world through various case laws.

KEYWORDS: Anti-maritime piracy bill, 2019, Piracy, Indian Ocean, UNCLOS, Exclusive Economic Zones

Bar of benefits under ESI Act: An Anathema to society

Author – Pramati Chatta, Student of Rajiv Gandhi National University of Law

Best Citation – Pramati Chatta, Bar of benefits under ESI Act: An Anathema to society, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 550-553, ISSN – 2583-2344.

Abstract

The E.S.I. Act of India is a wide-ranging welfare system which is created to provide working individuals and their families with social as well as economic safety. The Employees’ State Insurance Corporation is the primary corporate authority in charge of the complete scheme. This plan is focused on workplace injuries and prohibits workers from collecting compensation under any other legislation if they are covered under the ESI Act. The author of this article deals with the controversy of dual compensation through various judicial pronouncements. The capacity to sue based on substantive law cannot be extinguished by a procedural clause in Section 53 or Section 61 of the E.S.I. Act of 1948.

ELECTORAL OFFENCES AND THE ROLE OF GOVERNMENT MACHINERY

Author – Hardik Gupta, Student of NMIMS

Best Citation – Hardik Gupta, ELECTORAL OFFENCES AND THE ROLE OF GOVERNMENT MACHINERY, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 537-549, ISSN – 2583-2344

ABSTRACT

The election is the time when the chances of offenses being committed are higher and thus to control these offenses high security is maintained in the area where the election is taking place. Some of these offenses are cognizable and some a non-cognizable. The list of offenses related to elections is big but we will see the offenses mentioned in this paper. The offenses related to elections are committed mainly with the object to infringe or affect the outcome of the result of elections. The government machinery which includes the SP, DSP, and collectors play an important role in the elections as the election commission is an independent body and thus it has to rely on these officials for elections. Also, the government of the day has a huge role to play in the elections and thus it becomes important to study the policies and schemes of government regarding elections under the classes of constitutional principles. The courts play an important role in bringing electoral reforms and fueling the vehicle of democracy to run further by the judgment related to disclosure of criminal records and financial statistics of the candidate and even striking of laws which are inconsistent with the constitution

A SOCIO LEGAL STATUS OF ACID ATTACK VIS- A -VIS A GENDER BASED VIOLENCE IN INDIA

Author – Priyanshu Kumar, Student at CHRIST (Deemed to be University), Delhi NCR Campus & Maanyata Mishra, Lloyd Law College, Delhi-NCR

Best Citation – Priyanshu Kumar & Maanyata Mishra, A SOCIO LEGAL STATUS OF ACID ATTACK VIS- A -VIS A GENDER BASED VIOLENCE IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 531-536, ISSN – 2583-2344.

ABSTRACT

India has become a serious victim of the heinous crime of acid attack, especially on women in the past decade. A brutal crime committed with the intention of killing, disfiguring or maiming the victim is an acid attack. An acid attack poses a serious threat to an individual’s dignity and existence. Fundamental rights for Indian citizens are guaranteed by the Indian constitution. It gives its citizens the right to be free, live free, express themselves freely, and move freely. It also gives them the right to speak out against discrimination based on gender, race, sex, caste, or religion. However, the heinous act of acid attack is a form of violence and discrimination based on gender, particularly against women. Acid attacks are defined as “any act of throwing acid or using acid in any form on the victim with the intention of or with knowledge that such person is likely to cause permanent or partial damage, deformity or disfigurement to any part of such person’s body” . According to the National commission of India, the perpetrator’s motivation to commit such a heinous crime is rejection of marriage proposal, rejection of love, property disputes and gender discrimination. Acid attacks on young women are increasing day by day. The stricter regulation of acid attacks imposed by the Criminal Law (Amendment) Act of 2013 and the guidelines of the Supreme court of India, the total number of acid attacks in 2014 increased by 300%.  This paper deals with the heinous crime of acid attack and gender-based violence against women in India.

Keywords: Acid Attack, Violence, Gender-Based Violence

Cadbury Report and Corporate Governance: – Indian Perspective.

Author – Shubhankar Buche, LLM scholar from Manav Rachna University, Faridabad (NCR)

Best Citation – Shubhankar Buche, Cadbury Report and Corporate Governance: – Indian Perspective, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 524-530, ISSN – 2583-2344.

Abstract

With the development of corporate regulations and its arrangements, in beyond years and years, there lies a portion of the fundamental monetary and essential functional difficulties among the heads of an association. Any certain organization can perform up to the fullest when all the resources including the economic aspect is taken into consideration. In December 1992, the Cadbury Panel distributed their Code of Best Practice. The proposals, which to a great extent reflected apparent best practice at that point, included isolating the jobs of president and director, having at least three non-chief chiefs on the board and the detailing of review councils. The practices which are mainly concerned within the Cadbury Code are financial and certain structure of decision-makers in the company which can influence the entire working culture of that particular company. The Code likewise pushed that a more dynamic job be taken by institutional financial backers in the advancement of good practice in Corporate Governance.

This article talks about how organization issues might be (to some extent) settled by corporate administration, surveys the proof on consistence with the Cadbury Code and inspects the connection between board construction and firm execution, searching for proof that the Code has improved board execution. It also mentions the guidelines and recommendations furnished by Cadbury Committee and Green Cover Board Report regarding the distinction between the roles of several executives working within same organization. The author has also relied upon the foreign provisions such as the Sarbanes Oxley Act, 2002, Smith Report, Green bury Report, and the Hampel Board of Trustees Report. While there is no observational proof of a relationship between board design and firm worth, there is some proof that consistence with the Cadbury proposals improves board oversight regarding the control of bookkeeping numbers and the discipline of the top leader.

Keywords: – Cadbury Code, Corporate Governance, Code of Best Practice

­Impact of Globalization on Corporate Failures & Corporate Governance

Authors: Dr. Christabell Joseph, Associate Professor at Christ University, Bangalore & Steffi Desousa, Student at ICFAI University, Hyderabad

Best Citation – Dr. Christabell Joseph & & Steffi Desousa, Impact of Globalization on Corporate Failures & Corporate Governance, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 519-523, ISSN – 2583-2344.

Abstract

“Where globalization means, as it so often does, the rich and powerful now have new means to further enrich and empower themselves at the cost of the poorer and weaker, we have a responsibility to protest in the name of the universal freedom”- Nelson Mandela

Globalization has been the quintessential element of business since liberalization of trade and privatization of commerce in 1991. It holds great weightage over the community, competition, technology, environment, lifestyle, commerce, trade and economy of the world. Any component which has such eminent power also has the responsibility to be sustainable to all of its stakeholders. It is necessary to note that Corporations are an indispensible part of the globalized community. Industrialization was the seed which blossomed into corporatization which fructified into globalization. Hence, there is the necessity to regulate the corporate way of trade and commerce with the communal life, this gives rise to Corporate Governance. This form of regulation ensures the humanitarian facet of the prosperity oriented corporate society and holds them accountable for any communal wrongs which affect population. Corporate governance is that which acts as a conscience and that which encourages corporations to care about the greater good. This paper focuses on how globalization has impacted corporate governance and the challenges it faces, in the form of corporate failures. The author aims at suggesting ways to better the relationship between Corporate governance  and Globalization, as both are inseparable sides to the same coin.

KeyWords:  Globalization, Corporate governance, Corporate failures, Corporate accountability, MNC