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In a landmark intervention, the Supreme Court of India has vehemently criticised state police forces for routinely transforming civil disputes into criminal prosecutions. This practice, the Court observed, reflects a “complete breakdown of the rule of law”, eroding citizens’ access to appropriate dispute-resolution mechanisms and burdening the criminal justice system with matters better suited for civil adjudication .

Background of the Case

The immediate catalyst for the Supreme Court’s rebuke was an appeal by brothers Debu Singh and Deepak Singh, against an Allahabad High Court order that had refused to quash an FIR lodged against them. The complaint stemmed from an alleged failure to return ₹25 lakh borrowed from a private individual an issue squarely within the ambit of contract law and civil remedy. Instead of initiating a suit for recovery of debt, the Uttar Pradesh Police registered charges of criminal breach of trust, criminal intimidation, and criminal conspiracy, triggering criminal proceedings against the petitioners.

Supreme Court’s Condemnation

Presiding over a three-judge bench, Chief Justice of India Sanjiv Khanna delivered scathing remarks:

“Every day in and day out, civil matters are being converted into criminal… This is an absolute breakdown of the rule of law.” 

The bench comprising Justices Sanjay Kumar and K.V. Viswanathan underscored that “merely not giving (returning) money cannot be turned into an offence”, and cautioned state police against wilful misuse of the Criminal Procedure Code to bypass established civil procedures

Court’s Directives and Penalties

To curb this trend, the Supreme Court issued several directives:

1. Affidavit from DGP, Uttar Pradesh: The Court directed the Director General of Police to file an affidavit detailing measures taken to ensure complete and accurate entries in chargesheets, as per the mandate in Sharif Ahmed vs State of Uttar Pradesh 

2. Stay on Criminal Proceedings: Recognising the civil nature of the dispute, the Court stayed further criminal proceedings against the petitioners until the appeal is decided.

3. Cost Imposition: In a rare move, the bench imposed a ₹50,000 fine on two errant police officers responsible for registering the FIR, warning that repeated infractions would attract heavier penalties 

Broader Implications for Justice Delivery

This intervention shines a light on a systemic malaise:

• Misuse of FIRs: By treating contractual or property disagreements as criminal offences, police forces circumvent the slower but more appropriate channels of civil litigation.

• Erosion of Civil Remedies: Citizens deprived of civil recourse may face unwarranted criminal records, social stigma, and personal hardship before courts even assess the merits of criminal allegations.

• Judicial Backlog: Unnecessary criminal cases exacerbate the already overburdened criminal courts, diverting resources from genuine offences.

Legal commentators note that the settled principle in Indian jurisprudence mandates that civil disputes “should not be converted into criminal ones until there is a clear element of crime” . The Supreme Court’s latest warning reaffirms this doctrine and underscores the need for strict adherence.

Recommendations for Police and Judiciary

To prevent future miscarriages of justice, stakeholders should consider the following measures:

1. Enhanced Training for Police Officers

   • Legal Workshops: Regular capacity-building on the distinctions between civil and criminal jurisdiction.

   • Standard Operating Procedures (SOPs): Clear guidelines on when FIR registration is warranted, with supervisory checks before filing.

2. Judicial Oversight

   • Periodic Audits: High Courts could institute review committees to audit FIRs in sensitive categories—such as loan disputes or property issues—to ensure compliance with legal norms.

   • FIR Quash Mechanism: Expedited hearing timelines for petitions under Section 482 of the Criminal Procedure Code to quash frivolous FIRs.

3. Civil Dispute Resolution Forums

   • Lok Adalat and Mediation Cells: Strengthen alternative dispute-resolution (ADR) mechanisms at the district level to funnel civil matters away from criminal courts.

   • Fast-Track Civil Courts: Specialized benches for high-value recovery suits to discourage parties from seeking “quick fixes” via criminal procedure.

These reforms resonate with the Supreme Court’s earlier directive in Sharif Ahmed vs State of Uttar Pradesh, which emphasized preventing “daily conversion” of civil wrongs into criminal charges 

Conclusion

The Supreme Court’s stern admonition serves as a wake-up call for law enforcement agencies and judicial bodies alike. Converting everyday civil disputes into criminal trials not only violates foundational legal principles but also harms citizens’ rights and the integrity of the justice system. By implementing targeted training, bolstering judicial oversight, and strengthening civil ADR frameworks, stakeholders can restore the rule of law and ensure that criminal law remains a shield against genuine crimes not a sword wielded to settle private scores.

Only through collective will and sustained reform can India’s justice delivery align with constitutional values and safeguard its citizens from the excesses of misplaced penal action.

Divorce in India is governed by a complex framework of personal laws, each tailored to different religious communities. These laws outline the procedures, grounds, and consequences of divorce, reflecting the country's rich tapestry of cultural and religious traditions.

Types of Divorce Procedures in India

Divorce proceedings in India primarily fall into two categories:

1. Divorce by Mutual Consent: Both spouses agree to dissolve the marriage amicably. This process requires a mutual decision and is generally faster and less contentious.
2. Contested Divorce: When one spouse does not agree to the divorce, the other must file a petition citing specific grounds recognized by law.

Legal Framework Governing Divorce

India's diverse religious communities are subject to distinct personal laws concerning marriage and divorce:

• Hindus, Buddhists, Sikhs, and Jains: The Hindu Marriage Act of 1955 applies, providing grounds for divorce such as cruelty, adultery, desertion, conversion to another religion, mental illness, and leprosy.
• Muslims: The Dissolution of Muslim Marriages Act, 1939, governs divorce, allowing methods like 'talaq' (pronouncement of divorce) and 'khula' (wife-initiated divorce).
• Christians: The Divorce Act of 1869 regulates divorce, permitting it on grounds including adultery, cruelty, and desertion.
• Parsis: The Parsi Marriage and Divorce Act, 1936, outlines divorce provisions for the Parsi community, covering grounds similar to those in other personal laws.
• Inter-Religious Marriages: The Special Marriage Act of 1954 facilitates marriages and divorces between individuals of different religions, providing a secular framework for such unions.

Recent Developments in Divorce Laws

In recent years, India has witnessed significant reforms aimed at standardizing divorce laws and protecting individual rights:

• Ban on Triple Talaq: In 2019, the practice of 'triple talaq' (instant divorce) was declared unconstitutional, ensuring greater protection for Muslim women.
• Uniform Civil Code Initiatives: States like Uttarakhand have introduced the Uniform Civil Code Act, 2024, aiming to standardize personal laws across religious communities. This Act addresses marriage, divorce, inheritance, and live-in relationships, promoting gender equality and legal uniformity. citeturn0search21

Grounds for Divorce

Common grounds for divorce across various personal laws include:

• Adultery: Engaging in extramarital affairs.
• Cruelty: Physical or mental harm inflicted by one spouse on the other.
• Desertion: Willful abandonment of one spouse by the other for a specified period.
• Conversion: Changing one's religion, leading to the dissolution of the marriage under certain laws.
• Mental Illness: Suffering from mental disorders that make cohabitation difficult.
• Leprosy: Contracting leprosy, which historically has been grounds for divorce.

Judicial Separation vs. Divorce

It's important to distinguish between judicial separation and divorce:

• Judicial Separation: A legal process by which spouses can live separately while remaining legally married. It does not permit either party to remarry.
• Divorce: The legal dissolution of a marriage, allowing both parties to remarry.

Alimony and Maintenance

Financial support post-divorce is addressed through alimony and maintenance provisions:

• Alimony: Financial support awarded to a spouse after divorce, considering factors like the duration of marriage, financial capacity, and conduct of the parties.
• Maintenance: Provision of financial support to a spouse or children during divorce proceedings or after judicial separation.

Divorce laws in India are deeply intertwined with the country's pluralistic society, reflecting a mosaic of religious beliefs and practices. While efforts toward legal uniformity, such as the introduction of the Uniform Civil Code, aim to harmonize these laws, the diversity of personal laws continues to influence divorce proceedings. Individuals seeking divorce are advised to consult legal experts to navigate the complexities of the applicable laws and ensure their rights are protected.

In a recent decision that has significant implications for matrimonial law, the Supreme Court has clarified the conditions under which a divorce petition may be granted on the grounds of desertion. The ruling, delivered on July 8, 2024, underscores that if one spouse does not resume cohabitation for one year following a decree for restitution of conjugal rights, a petition for divorce can indeed be presented on the ground of desertion.

Background of the Case

The dispute dates back several years and reflects a long-standing marital breakdown. The couple, married on March 25, 1999, has two adult children. Tensions began to surface around 2006, leading the husband to file a petition for restitution of conjugal rights under the Hindu Marriage Act. When the respondent-wife failed to rejoin him within the stipulated period, the situation escalated legally.

December 2008: The husband initiates a plea for restitution of conjugal rights.

May 2013: The Additional Civil Judge of Barnala issues a decree directing the wife to resume cohabitation within three months.

August 2013: Due to non-compliance, the husband files for divorce on the grounds of cruelty and desertion.

Legal Proceedings and the High Court's Role

The marital discord led to multiple litigations. While the Family Court at Barnala granted a divorce decree on August 1, 2016, the respondent-wife appealed, and the Punjab and Haryana High Court set aside this decree on October 4, 2019. The High Court reasoned that the husband’s neglect of marital duties forced the wife to leave, thus questioning the desertion claim.

The Supreme Court’s Stand

However, the apex court, with Justices Abhay S. Oka and Ujjal Bhuyan presiding, overturned the High Court’s decision. Key points from the Supreme Court’s ruling include:

No Co-habitation Efforts: The court noted that from the time of the divorce decree in August 2016 until its setting aside in October 2019, the wife made no efforts to resume cohabitation. This absence of any attempt was critical in establishing desertion.

Legal Provision Reaffirmed: Citing Section 13(1A)(ii) of the Hindu Marriage Act, the court emphasized that if no attempt is made to restore cohabitation for one year or more after a restitution decree, a divorce petition on the ground of desertion is permissible.

Financial Settlement: The judgment also highlighted a proposed alimony payment of Rs 30 lakhs to the respondent-wife, which the court deemed reasonable. The decree of divorce is to come into effect once this lump sum is paid.

Implications for Marital Law

This decision not only reinforces the legal stance on desertion but also clarifies the procedural timeline necessary for divorce petitions under similar circumstances. By emphasizing the one-year period without any attempt at reconciliation, the ruling provides a clear metric for future cases involving restitution of conjugal rights.

For many couples facing prolonged marital discord, this ruling serves as a reminder that the law is attentive to the realities of desertion and the absence of reconciliation. It reinforces that legal remedies are available when one party persistently neglects the obligations of cohabitation, even in the face of an earlier decree for restitution of conjugal rights.

Conclusion

The Supreme Court’s decision marks an important development in matrimonial jurisprudence. By upholding the divorce petition on the grounds of desertion, the court has not only set a precedent for similar cases in the future but also underscored the importance of sustained efforts to reconcile post-decree. This ruling offers clarity for spouses navigating the complex terrain of marital breakdown and serves as a significant legal guidepost in matters of divorce.

In a significant judgment, the Supreme Court of India has ruled that a director who signs a cheque on behalf of a company cannot be held personally liable for its dishonour under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), if the company itself is not made an accused in the proceedings. This ruling provides crucial clarity on the extent of liability in cheque dishonour cases and reinforces the principles of corporate accountability.

Section 138 of the NI Act: An Overview

Section 138 of the NI Act criminalizes the dishonour of cheques due to insufficient funds or exceeding the arrangement between the drawer and the bank. The provision is intended to safeguard the credibility of cheques as a reliable payment instrument. It establishes a framework where the drawer of the cheque , whether an individual or a company , is primarily held responsible for ensuring that the cheque is honoured.

In cases involving corporate entities, the company is typically the drawer of the cheque, with directors or authorized signatories often being secondary parties held vicariously liable. This aspect of liability, however, has been a source of significant litigation, particularly regarding whether a director can be prosecuted independently of the company.

The Supreme Court’s Decision

The Court examined the core issue of whether proceedings under Section 138 could be sustained against a director who signed a cheque without the company being implicated as an accused. It unequivocally held that such proceedings are not legally sustainable.

Key Findings:

1. Company as the Principal Offender
   The Court reiterated that a company, being the drawer of the cheque, is the principal offender in cheque dishonour cases. Since the company itself commits the offence, its non-inclusion as an accused creates a procedural defect in the complaint.
2. Vicarious Liability of Directors
   The directors or authorized signatories of a company can only be held vicariously liable under Section 141 of the NI Act, which requires the company to be arraigned as an accused. Without the company as a party, the directors' liability cannot be established.
3. Procedural Compliance
   The judgment emphasized that Section 138 proceedings must adhere to strict procedural requirements. A complaint failing to name the company as an accused cannot proceed against the director alone.
4. Ensuring Fair Trial
   The Court underscored the principle of fairness, noting that excluding the company from the proceedings while prosecuting its director violates procedural fairness and prejudices the director’s defense.

Impact of the Ruling

This decision has wide-reaching consequences for cheque dishonour litigation and corporate governance:

• Clarity on Corporate Liability: The ruling reinforces the principle that the primary responsibility in cheque dishonour cases lies with the company as a separate legal entity. Directors or signatories are secondary parties and can only be implicated if the company itself is a party to the proceedings.
• Protection for Directors: By rejecting the notion of standalone liability for directors, the judgment protects corporate officers from unfair prosecution. It ensures that individuals are not unduly burdened by procedural lapses on the complainant's part.
• Heightened Responsibility for Complainants: Complainants must ensure procedural compliance by correctly identifying and naming all relevant parties in their complaints. Failure to name the company as an accused now unequivocally invalidates the case against the directors or signatories.
• Strengthened Corporate Accountability: The judgment underscores the need for companies to uphold their responsibilities in financial transactions. It also ensures that individuals are not scapegoated for corporate failures.

Conclusion

The Supreme Court’s ruling marks a pivotal moment in the interpretation of Section 138 of the NI Act. By firmly establishing the requirement to arraign the company as an accused before prosecuting its directors or signatories, the Court has reaffirmed the principles of corporate personality and procedural fairness. This decision provides greater clarity on the scope of liability in cheque dishonour cases and is likely to influence similar litigation in the future.

For directors and signatories, the judgment offers significant relief by ensuring that their liability is contingent on the company being implicated. For complainants, it is a call for vigilance in drafting complaints to ensure compliance with procedural norms. Ultimately, the ruling reinforces the balance between enforcing financial discipline and safeguarding individual rights within the corporate framework.

On November 27, 2024, the Hon’ble Justice Ajay Kumar Gupta of the Calcutta High Court delivered a landmark judgment in CRR 3904 of 2016, which examined the intricacies of maintenance rights under Section 125 of the Code of Criminal Procedure (CrPC), 1973. The case, involving Smt. Sunita Das (Petitioner) and her alleged husband, Santanu Kumar Das (Opposite Party No. 2), raised pivotal questions about marital status, maintenance entitlements, and the scope of judicial intervention.

Case Background

Smt. Sunita Das filed an application seeking maintenance for herself and her minor daughter, asserting that she was married to the Opposite Party No. 2 and subsequently abandoned. The petitioner alleged that the couple married under Hindu rites at Kalighat Temple and later cohabited as husband and wife. However, Santanu Kumar Das denied the marriage and disclaimed paternity of the child.

The petitioner’s case was rooted in her assertion of marriage and the legitimacy of her daughter, demanding maintenance to support their livelihood. Initially, the Learned 3rd Judicial Magistrate at Tamluk granted maintenance of ₹2,000 each for the petitioner and her daughter in 2015. However, a subsequent Criminal Revision Application filed by the Opposite Party No. 2 resulted in a modification of the order by the Additional Sessions Judge, Fast Track Court, Tamluk, which denied maintenance to the petitioner while enhancing maintenance for the child to ₹3,000 per month.

Main Questions Discussed

1. Was Smt. Sunita Das legally entitled to maintenance as the wife of the Opposite Party No. 2?
2. Did the child’s right to maintenance supersede the petitioner’s claim?
3. Was the modification of the maintenance amount by the Additional Sessions Judge justified?

Court’s Observations and Ruling

The High Court analyzed the evidence, statutory provisions, and the judgments of the lower courts to address the issues.

1. Legality of Marriage

Justice Ajay Kumar Gupta emphasized that strict proof of marriage is not always a precondition under Section 125 CrPC when parties have cohabited as husband and wife. Notably, the lower Court had already declared the petitioner as the legal wife of the Opposite Party No. 2 and the child as legitimate in a separate suit (O.S. No. 08/2008). Despite this, the Sessions Judge had denied maintenance to the petitioner, citing insufficient proof of marriage. The High Court overturned this aspect, affirming that the petitioner is entitled to maintenance based on the Civil Court’s findings.

2. Maintenance for the Child

The High Court upheld the Sessions Judge’s enhancement of the child’s maintenance from ₹2,000 to ₹3,000 per month. The court reasoned that the child’s right to maintenance is paramount and is independent of the dispute regarding the marital status of the parents.

3. Judicial Intervention in Maintenance Orders

Justice Gupta reiterated that the object of Section 125 CrPC is to prevent vagrancy and ensure the welfare of neglected dependents. The court criticized the Sessions Judge for “whimsically and mechanically” denying maintenance to the petitioner without substantial grounds. By restoring the maintenance allowance of ₹2,000 for the petitioner and affirming the enhanced maintenance for the child, the High Court reinforced the protective intent of Section 125 CrPC.

Key Takeaways from the Judgment

1. Broad Interpretation of “Wife”: The judgment reaffirmed that a woman who can demonstrate prima facie evidence of marriage and cohabitation can claim maintenance under Section 125 CrPC.
2. Rights of Children: Maintenance rights of children are absolute and not contingent upon disputes between parents. The court’s decision to enhance maintenance for the child underscores this principle.
3. Judicial Accountability: The judgment highlighted the importance of lower courts adhering to established principles of law and avoiding arbitrary decisions, particularly in matters affecting vulnerable individuals.
4. Social Purpose of Maintenance Laws: The judgment emphasized the benevolent intent of Section 125 CrPC in safeguarding dependents from destitution and promoting social justice.

Conclusion

The Calcutta High Court’s judgment in CRR 3904 of 2016 serves as a significant precedent in maintenance jurisprudence. It underscores the judiciary’s role in protecting the rights of marginalized individuals while upholding procedural and substantive fairness. By prioritizing the welfare of the petitioner and her child, the court has set a compassionate and equitable standard for future cases.

This judgment not only provides relief to Smt. Sunita Das and her daughter but also reaffirms the judiciary’s commitment to justice and equality, especially for women and children in distress.

The Shah Bano case, formally Mohd, Ahmed Khan vs. Shah Bano Begum & Ors is one of the most landmark judgments in the history of  Indian jurisprudence. It became a focal point of national debate concerning women's rights,  securlarism, and the interplay between personal laws and constitutional principles.

A Brief Overview of the Case

In 1978, Shah Bano, a 62-year-old Muslim woman, approached the courts under Section 125 of the CrPC seeking maintenance from her husband, who had divorced her via triple talaq. Her claim was based on the argument that she had no means of financial support and that the law guaranteed her a right to maintenance, irrespective of her religion.

Her husband, however, contended that his obligations were limited to the iddat period as prescribed by Islamic law and that beyond this, he had no legal responsibility to provide for her.

The Supreme Court's Judgment

The Supreme Court of India ruled in favor of Shah Bano, upholding her right to maintenance under Section 125 of the CrPC. Justice Y.V. Chandrachud, in his landmark judgment, stated that secular laws such as the CrPC take precedence over personal laws in matters of fundamental rights and justice. The judgment declared that a woman’s right to live with dignity could not be overridden by religious practices or norms.

Impact on Women’s Rights

This decision was hailed as a victory for women’s rights in India, particularly for those from marginalized sections of society. It affirmed that:

• Women, regardless of their religion, were entitled to legal protection and financial support from their spouses in cases of destitution.
• Secular laws like the CrPC were designed to prevent vagrancy and protect fundamental rights.

Controversies and the Aftermath

The judgment, however, was met with resistance from certain sections of society, particularly conservative Muslim groups who saw it as an infringement on their personal laws. This resistance led to the government enacting the Muslim Women (Protection of Rights on Divorce) Act, 1986, which diluted the progressive aspects of the Shah Bano judgment by restricting maintenance rights to the iddat period.

This legislative move triggered widespread debates over:

1. The balance between religious freedoms and constitutional rights.
2. The need for a Uniform Civil Code (UCC) to ensure gender justice and equality for all citizens.

Legacy and Future Implications

Despite its controversies, the Shah Bano case remains a cornerstone in India’s legal history. It highlighted the critical need to:

• Address the intersection of religion and gender justice.
• Strengthen legal protections for women, especially those facing financial insecurity after divorce.
• Push for reforms that balance personal laws with constitutional principles of equality and secularism.

The Shah Bano case continues to serve as a reminder of the challenges in navigating a pluralistic legal framework in a secular democracy. It also inspires ongoing efforts to ensure equality, dignity, and justice for women across all sections of Indian society.

The Supreme Court of India has taken a decisive step to address the growing menace of unauthorized constructions across the country. In a landmark judgment, the Court has issued stringent guidelines aimed at preventing such illegal activities and ensuring accountability among officials responsible for enforcing building regulations. The judgment, which reaffirms the principle that unauthorized constructions cannot be allowed to flourish, sets a strong precedent to curb violations and protect public interest.

Key Directives Issued by the Supreme Court:

1. Display of Approved Plans at Construction Sites Builders and developers are now mandated to display a copy of the approved construction plan prominently at the site throughout the construction period. This measure ensures transparency and allows for easier monitoring by authorities.

2. Periodic Inspections and Record Maintenance Authorities are required to conduct periodic inspections of construction sites and maintain official records of these inspections. This systematic oversight aims to detect deviations early and prevent unauthorized developments.

3. Completion Certificates Only After Compliance Completion or occupancy certificates for residential or commercial buildings will only be issued after personal inspection by authorities. They must ensure that the construction adheres strictly to the approved plans. Any detected deviations must be rectified before issuing these certificates.

4. Mandatory Undertaking from Builders must provide an undertaking that possession of the building will only be handed over to the owners or beneficiaries after obtaining the required completion or occupancy certificates from the concerned authorities.

5. Service Connections Conditional on Compliance Utilities such as electricity, water, and sewerage connections will be provided only after the completion or occupancy certificate is presented. This measure ensures that unauthorized constructions do not receive essential services, discouraging violations.

6. Action Against Deviations Post-Completion If any violations or deviations from the approved plan are detected even after the issuance of the completion certificate, authorities are mandated to take immediate legal action against the builder, owner, or occupant. Officials responsible for wrongful issuance of certificates will face departmental proceedings.

7. Restrictions on Trade Licenses for Unauthorized Buildings No trade or business licenses will be granted for unauthorized buildings. This applies to both residential and commercial structures.

8. Zonal Plan Compliance Development must align with the zonal plans and usage regulations. Any modifications to these plans must strictly adhere to legal processes and consider public interest and environmental impacts.

9. Interdepartmental Cooperation When action is required against unauthorized constructions, all relevant departments must cooperate without delay. Non-cooperation or delays will be viewed seriously, and disciplinary action will be taken against erring officials.

10. Expedited Resolution of Appeals Any appeals or applications regarding the issuance of completion certificates or regularization of unauthorized constructions must be resolved within 90 days, as per statutory provisions. This ensures swift justice and prevents prolonged disputes.

11. Loan Sanctions Linked to Compliance Banks and financial institutions are directed to sanction loans against buildings only after verifying the completion or occupancy certificate. This step ensures that illegal constructions do not receive financial backing.

12. Strict Enforcement and Accountability Failure to adhere to these directives will result in contempt proceedings against violators, along with prosecution under relevant laws. State and Union Territory governments must circulate these guidelines to all concerned departments and enforce compliance rigorously.

Background of the Case

The judgment stemmed from an appeal challenging the Allahabad High Court’s order to demolish an illegally constructed building. The property, which included shops and commercial spaces, had been built without statutory approvals and in violation of residential zoning regulations. Despite prolonged occupancy and financial investments by the appellants, the Supreme Court upheld the High Court’s decision, emphasizing that unauthorized constructions cannot be legitimized through delay or inaction.

Implications of the Judgment

The Supreme Court’s directives aim to:

• Deter unauthorized constructions by introducing stricter monitoring and accountability measures.
• Ensure compliance with urban planning regulations and protect public interest.
• Reduce litigation related to unauthorized constructions by promoting adherence to the law.

Conclusion

This judgment is a significant step towards curbing the proliferation of unauthorized constructions and ensuring that urban development aligns with legal and environmental standards. By holding both builders and officials accountable, the Court has sent a clear message that violations of the law will not be tolerated. It is now up to the authorities and stakeholders to implement these directives diligently and uphold the rule of law in urban planning and construction.

A recent Supreme Court ruling in the case of Bijay Agarwal v. M/s Medilines (2024 INSC 918) has brought much-needed clarity for signing authorities acting on behalf of companies in cheque dishonor cases under Section 138 of the Negotiable Instruments Act, 1881 (NI Act). The Court held that authorized signatories of cheques are not personally liable to deposit 20% of the cheque amount when appealing a conviction, as the liability rests with the company, not the individual acting in a representative capacity.

Background of the Case

In this case, M/s Gee Pee Infotech Pvt. Ltd., represented by its authorized signatory Bijay Agarwal, was accused of issuing cheques that were dishonoured due to insufficient funds. Upon conviction by the trial court, both the company and its signatory were ordered to compensate the complainant. When the authorized signatory appealed, the appellate court directed a deposit of 20% of the compensation amount under Section 148 of the NI Act.

Feeling aggrieved, the appellant challenged this directive, arguing that as a signatory and not the drawer of the cheque, he could not be held personally liable to make the deposit.

Key Highlights of the Judgment

The Supreme Court, presided over by Justices C.T. Ravikumar and Sanjay Karol, ruled in favor of the appellant and made the following observations:

1. Authorized Signatories Are Not Drawers
   The Court reiterated that an authorized signatory acting on behalf of a company does not qualify as the "drawer" of the cheque. Therefore, Section 148—which mandates a deposit of at least 20% of the fine or compensation—does not apply to them personally.
2. Corporate Liability
   The primary liability for cheque dishonour lies with the company as the drawer of the cheque. The signing authority is vicariously liable under specific conditions outlined in Section 141 of the NI Act but is not directly responsible for deposits under Section 148.
3. Analogical Interpretation
   The Court drew parallels with its earlier rulings on Section 143A of the NI Act, which also exempts signatories from liability for interim compensation, reaffirming that penal statutes must be interpreted strictly.

Implications for Businesses and Professionals

This ruling offers significant relief to directors, managers, and employees who act as authorized signatories for their organizations. It ensures that individuals are not unfairly burdened with financial obligations arising from corporate liabilities. Here’s what it means for businesses:

• Clarified Roles and Responsibilities: Businesses must designate authorized signatories responsibly while ensuring compliance with financial obligations.
• Limited Personal Exposure: Individuals acting in representative capacities are safeguarded from undue personal liability.
• Strengthened Corporate Governance: Organizations must establish robust internal checks to prevent instances of cheque dishonour.

Conclusion

The Supreme Court's decision in Bijay Agarwal v. M/s Medilines upholds the principle of limited liability for corporate representatives, ensuring fairness and balance in the application of the NI Act. For professionals and organizations, this ruling underscore the importance of understanding roles, responsibilities, and liabilities in financial transactions.

The Supreme Court of India recently allowed the termination of an unplanned pregnancy at 26 weeks in the case of Poonam Sharma v. Union of India. ​ This landmark judgment emphasizes women's reproductive autonomy, addressing critical factors such as mental health and socio-economic circumstances that impact a woman's ability to carry a pregnancy to term.

Case Background

Poonam Sharma, a 27-year-old married woman, sought permission from the Supreme Court to terminate her pregnancy, which was beyond the statutory limit of 20 weeks under the Medical Termination of Pregnancy (MTP) Act. The case highlighted her unique circumstances: she had two children, both delivered via cesarean section, and had used the Lactational Amenorrhea Method as contraception, not realizing she was pregnant until later.

Reasons for the Petition

Poonam and her husband argued that they were financially and emotionally unprepared for another child, further exacerbated by a history of depression that Poonam faced due to their socio-economic struggles. The couple approached multiple doctors for a medical termination but were repeatedly denied due to the pregnancy period exceeding the legal limit, prompting them to seek judicial intervention.

Supreme Court's Ruling

The Supreme Court, in its ruling, gave significant weight to the petitioner’s arguments regarding her mental health and socio-economic conditions. The court recognized that forcing her to continue the pregnancy could severely impact her well-being, hence granting her the right to terminate the pregnancy, despite it being beyond the legal timeframe.

Legal Interpretation

The bench, led by Justice Hima Kohli and Justice B.V. Nagarathna, determined that existing laws need broader interpretations concerning mental health implications, thereby providing a more inclusive framework for women's health decisions. This decision opens the door for other cases where women face similar predicaments, emphasizing their autonomy over reproductive choices.

Societal Implications

This ruling is expected to foster a significant conversation about family planning, the societal responsibilities of parenthood, and the importance of mental health considerations in reproductive rights. The court's comments reflect an acute awareness of the pressures faced by married couples today, particularly regarding financial and emotional burdens.

 Conclusion and Future Outlook

The Poonam Sharma v. Union of India case sets a precedent for future legal interpretations around the MTP Act, emphasizing the necessity for clarity in laws governing reproductive rights. This judgment not only underlines the importance of mental health and socio-economic factors in pregnancy decisions but also advocates for a more nuanced understanding of reproductive health and family planning in India. The need for continuous legal reform and awareness regarding women's health rights remains critical in ensuring such cases are handled with the sensitivity and urgency they require.

This landmark judgment affirms the supremacy of women's choice in matters concerning their health and well-being, contributing to the ongoing dialogue about reproductive rights in India.

The Supreme Court's judgment in Balram Singh v. Union of India marks a pivotal step towards eradicating manual scavenging in India, focusing on the dignity and rehabilitation of manual scavengers.

Supreme Court's Directives

In its landmark decision, the Supreme Court directed the Union Government to rigorously implement existing laws prohibiting manual scavenging. The Court reiterated the ban on manual sewer cleaning, reinforcing that no individual should be forced to enter or clean sewers under any circumstances. These directives aim to eliminate practices that degrade human dignity and compel marginalized individuals to engage in life-threatening work.

Rehabilitation and Compensation for Victims

A notable aspect of the judgment was the Court’s decision to significantly increase the compensation for families of those who lose their lives while performing manual scavenging. The compensation amount was raised from Rs. 10 lakhs to Rs. 30 lakhs, reflecting the severity and risks associated with the work. Furthermore, the Court laid out clear guidelines to ensure the rehabilitation of affected workers and their families. These guidelines include providing educational support and skill training to help former sewer workers and their dependents transition to more dignified and safer employment opportunities.

Accountability Mechanisms for Contracting Agencies

The Court introduced strong accountability measures to prevent sewer-related deaths, particularly when the work is outsourced to contractors. The judgment stated that if a death occurs due to unsafe conditions during outsourced work, the contracts should be terminated. Additionally, financial penalties should be imposed on the contracting agencies involved. This provision aims to deter negligent practices and ensure that safety protocols are followed rigorously.

Comprehensive National Survey

Recognizing the need for accurate data to address the issue effectively, the Court instructed the National Commission for Safai Karamcharis, along with other relevant government bodies, to conduct a nationwide survey. This survey is intended to identify all individuals engaged in manual scavenging. The data collected will be used to facilitate targeted rehabilitation efforts and ensure that no individual is left behind in the push to end manual scavenging.

Legislative Intent and Judicial Interpretation

The Supreme Court underscored the need to interpret existing laws, such as the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act of 1993 and the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act of 2013, in a manner that prioritizes the welfare of manual scavengers. The judgment stressed that the legislative intent behind these acts was to completely eradicate manual scavenging and to rehabilitate individuals trapped in this inhumane practice. By reinforcing the social welfare aspect of these laws, the Court highlighted that their enforcement must align with the broader objective of restoring dignity to affected individuals.

Social Implications of the Judgment

The Court's judgment goes beyond the legal realm and addresses the social injustice experienced by manual scavengers. The historical marginalization of these communities is linked to larger issues of caste discrimination and economic inequality, which the judgment addresses in the context of social justice and constitutional principles. By recognizing manual scavengers as a vulnerable community that has faced generations of exploitation, the Court calls for proactive legislative and executive action to uplift them and ensure their inclusion in society.

Conclusion 

While establishing a robust framework, the judgment recognized the challenges in implementing relevant laws. It called for immediate corrective measures and clarified the responsibilities of both state and central governments in addressing manual scavenging practices effectively.

Published by Adv.Varun Gopalakrishnan Nair

The Supreme Court's ruling in the case of Animal Welfare Board of India v. Union of India marks a significant moment in the ongoing debate over the practice of Jallikattu. On May 18, 2023, the Court upheld amendments to the Prevention of Cruelty to Animals (PCA) Act, allowing Jallikattu and similar bull-taming sports to continue under regulated conditions. This decision has sparked considerable discourse regarding animal rights, cultural heritage, and the state's responsibilities in managing animal welfare.

Background of the Case

The case traces its roots back to the 2014 ruling in Animal Welfare Board of India v. A. Nagaraja, where the Supreme Court prohibited the use of bulls in Jallikattu and other similar events, citing concerns over animal cruelty. Following this judgment, the Tamil Nadu government enacted the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act in 2017, which allowed Jallikattu to be practiced, highlighting its significance to local culture and the survival of native bull breeds. This amendment was challenged in court by animal rights organizations, including PETA, which contended that permitting Jallikattu contradicted existing laws against animal cruelty.

Supreme Court's Ruling

In its verdict, the Supreme Court ruled that the amendments permitting Jallikattu were valid. The five-judge bench, led by Justice K.M. Joseph, noted the sport's historical and cultural significance in Tamil Nadu. The Court pointed out that the amendments did not constitute a violation of animal rights as outlined in the Constitution. The Court emphasized that the legislative action should not be considered a "colourable legislation," and that the practices could be conducted within regulated frameworks to minimize cruelty.

 Cultural Significance

The Court recognized Jallikattu as an integral part of Tamil Nadu's cultural heritage, particularly in relation to the Pongal festival. It underscored that cultural practices hold substantial weight in legal interpretations and that legal frameworks should accommodate traditions while ensuring the humane treatment of animals involved.

Implications for Animal Rights

The ruling has reignited discussions about the balance between cultural practices and animal welfare. Critics argue that the decision could set a precedent that allows cruelty under the guise of cultural preservation. The Supreme Court's acknowledgment that animals cannot be absolute rights holders presents a complex legal and ethical dilemma regarding their treatment and rights within Indian jurisprudence.

Response from Animal Rights Activists

Animal rights activists have expressed disappointment with the ruling, asserting that it undermines efforts to protect animals from cruelty. The opposition contends that the state should prioritize the humane treatment of all living beings, regardless of cultural attachments. This tension between tradition and ethics remains a focal point in the discourse surrounding animal welfare legislation in India.

Future Directions

This landmark ruling may influence future legal challenges concerning animal rights and welfare in India. The Court's interpretation of cultural rights as intertwined with animal treatment will likely continue to be scrutinized, necessitating ongoing dialogue among lawmakers, animal rights groups, and cultural advocates. As the legal landscape evolves, society must ensure that cultural practices adapt to modern ethical standards regarding animal welfare.

Published by Adv.Varun Gopalakrishnan Nair

The 2G spectrum scam, one of the largest corruption cases in Indian history, has exposed deep flaws in governance and accountability while triggering a prolonged legal battle. Despite the acquittal of key figures, such as  A. Raja and Smt. K. Kanimozhi, marked a significant turning point, the ramifications of the scam continue to shape public discourse and added more trust in the justice system. This blog explores the background, legal outcomes, and the ongoing impact of the 2G spectrum scandal on India’s governance and reform needs.

 Introduction to the 2G Spectrum Scam

The 2G spectrum scam emerged in the late 2000s and centered around the allocation of telecommunications licenses. The controversy primarily focused on then-Telecom Minister A. Raja, who was accused of improperly allocating licenses at undervalued prices, bypassing auction procedures, and favoring certain companies. These actions allegedly caused a notional loss of ₹1.76 lakh crore (approximately $40 billion) to the government. This scandal not only rocked Indian politics but also significantly undermined public confidence in the system, leading to calls for accountability and reforms in the telecom sector.

Legal Outcomes of the 2G Spectrum Scam

The legal journey of the 2G spectrum scam has been long and intricate. A major turning point came on December 21, 2017, when a special Central Bureau of Investigation (CBI) court acquitted all 18 accused, including A. Raja and Smt.K. Kanimozhi. The court pointed to the prosecution's inability to provide substantial evidence, citing serious flaws in the investigation and weak interpretations of key facts. Special Judge O.P Saini criticized the case for relying on assumptions rather than hard evidence, leading to the acquittal of the accused.

Despite this acquittal, the Supreme Court's ruling in February 2012 had already annulled 122 telecom licenses issued during Raja's tenure, deeming the process unconstitutional and arbitrary. The Court's decision emphasized the importance of auction-based allocations to ensure transparency and fairness in public resource management, a principle that remains a key reform in India's telecom policies today.

Public Perception and the Need for Systemic Reforms

While the legal verdicts in the 2G spectrum case have stirred mixed reactions, many still question the effectiveness of India’s legal system in tackling large-scale corruption. The acquittal of high-profile political figures raised concerns about judicial integrity, fueling skepticism over whether justice can be served in cases involving powerful individuals and corporations. As the CBI continues its appeal efforts, the case underscores the complexities of prosecuting corruption cases, highlighting the challenges in gathering sufficient evidence and navigating legal hurdles.

Conclusion: A Call for Reform and Transparency

The 2G spectrum scam remains a defining chapter in India’s battle against corruption. The case not only prompted major legal reforms in telecom resource allocation but also illuminated broader governance issues that continue to affect public trust. As India moves forward, systemic reforms in governance, transparency, and accountability are essential to restore faith in the justice system and prevent similar scandals from undermining democratic institutions.

In summary, the 2G spectrum case serves as both a cautionary tale and a catalyst for change, driving critical conversations about the future of governance and justice in India.

Published by Adv.Varun Gopalakrishnan Nair {VG Nair&Associates}

The "S Durga" case, which originated from a film depicting themes surrounding gender and cultural identity, has drawn significant legal scrutiny in both the Kerala High Court and the Supreme Court of India. The court cases primarily addressed issues of artistic expression, community sentiments, and the balance of free speech against potential public harm. The rulings reflect the courts' efforts to mediate between creative freedoms and social sensitivities, ultimately impacting the representation of women and the dynamics of cultural discourse in India.

 Background of the Case

The "S Durga" film, directed by Sanal Kumar Sasidharan, faced controversy upon its release due to its provocative title and content, perceived by some as disrespectful to cultural and religious sentiments. The film was screened at various festivals but faced backlash from certain groups who argued that it trivialized Hindu deities and could incite communal tensions. This led to petitions requesting a ban on the film’s screening, igniting debates around artistic freedom versus societal norms.

The Kerala High Court Proceedings

In the Kerala High Court, the arguments revolved around the freedom of expression guaranteed under the Indian Constitution. Petitioners sought to challenge the film's screening, alleging that it hurt religious sentiments. The court highlighted the need to consider the artistic intent of the filmmaker and the importance of creative expression while also acknowledging the concerns raised by petitioners.

The Kerala High Court ultimately examined the case through the lens of public interest and legal standards pertaining to obscenity and defamation. The court sought to balance the right to artistic freedom with the responsibility to respect cultural and religious sentiments, a theme prevalent throughout the proceedings.

Ruling of the Kerala High Court

The Kerala High Court ruled in favor of allowing the film to be screened, asserting that artistic expression should not be arbitrarily stifled. The court emphasized that the film's content, albeit contentious, did not warrant a blanket ban as it fell within the realm of individual interpretation and artistic critique

Escalation to the Supreme Court

Following the High Court's decision, parties on both sides continued to express dissatisfaction, leading to appeals reaching the Supreme Court. The Supreme Court was tasked with reviewing the legal standards employed by the Kerala High Court and providing clarity on the issues of freedom of expression in creative work.

Supreme Court Proceedings

In the Supreme Court, the central arguments revisited the balance between community sentiments and the rights of the creator. Justices deliberated on the implications of upholding or overturning the lower court's ruling, reflecting on the broader societal impacts of artistic expression. The court recognized the increasing sensitivity surrounding media representations and sought to establish a clear precedent that defended both artistic freedom and community rights.

Final Ruling of the Supreme Court

​The Supreme Court ultimately upheld the Kerala High Court's ruling by allowing the film's screening, reinforcing the principle that artistic works warrant a significant degree of protection under free speech provisions.​ Following the court's ruling and re-examination, the film was granted a 'U/A' certificate, and the director expressed hope for a nationwide release soon after the initial ban was lifted. The film, which sparked significant discussion regarding censorship and artistic expression in India, was subsequently approved for public viewing.

In summary, while "S Durga" was initially banned from public exhibition due to actions taken by the CBFC, legal challenges led to its eventual clearance, thereby allowing its release. The court noted that while community sentiments are crucial, the pathway to dialogue and understanding should not come at the expense of censorship.

This ruling established a significant legal benchmark regarding the representation of cultural and religious themes in artistic endeavors, aiming to foster a climate where freedom of expression can coexist with respect for social values.

Introduction

Harshad Mehta, born on July 29, 1954, in Mumbai, hails from a humble middle-class background. Growing up, he developed a keen interest in the stock market, a fascination that would later drive his meteoric rise in the world of finance. Mehta's journey began modestly as a clerk in a brokerage firm, but his sharp instincts and aggressive trading strategies quickly set him apart from his peers. By the late 1980s, as India began to open its economy, Mehta seized the opportunity to make a name for himself, earning the moniker “The Big Bull” for his ability to drive up stock prices and create market euphoria.

The schemes and manipulations

Harshad Mehta's ascent was fueled by a series of manipulative schemes that capitalized on the inefficiencies of India's banking system. One of his most notorious tactics involved the issuance of uncollateralized bank receipts, which he used to secure large sums of money that he then funneled into the stock market. This technique, coupled with circular trading practices, allowed Mehta to artificially inflate stock prices, creating an illusion of market prosperity. Companies like Associated Cement Company (ACC) saw their stock prices skyrocket, with ACC's share price soaring from ₹200 to nearly ₹9,000 in a short period.

The Unraveling of the Scam

Mehta's seemingly unstoppable success came to a sudden halt in 1992 when investigative journalist Sucheta Dalal exposed the massive securities scam that he had orchestrated. Dalal's investigation revealed that Mehta had been siphoning funds from banks using fake bank receipts, creating a financial bubble that was destined to burst. When the scam was uncovered, it triggered a systemic collapse in the Indian stock market, leading to widespread panic and a loss of investor confidence. The fallout was catastrophic, with the Indian financial system left in tatters and countless investors facing ruin.

Legal Consequences

The exposure of Harshad Mehta's scam led to a significant crackdown on financial malpractices in India. Mehta was arrested and faced multiple charges of fraud, though he was ultimately convicted of only four crimes during his lengthy nine-year trial. He was sentenced to five years in prison, but his legal battles continued until his untimely death from a heart attack in 2001. While Mehta's conviction and subsequent demise marked the end of his reign as “The Big Bull,” the consequences of his actions reverberated through the Indian financial system for years to come.

Conclusion

Harshad Mehta's story is a cautionary tale of ambition unchecked by ethics and the devastating impact of financial manipulation. His fraudulent practices exposed the vulnerabilities in India's financial oversight mechanisms, leading to significant reforms aimed at enhancing transparency and accountability in the market. The Securities and Exchange Board of India (SEBI) was empowered to prevent similar scams from occurring in the future.

In September 2020, the Indian Parliament introduced three major agriculture acts, collectively known as the Farm Acts, designed to transform the agricultural sector. These acts, approved by both the Lok Sabha and the Rajya Sabha, received presidential assent on September 27, 2020. However, the path to these reforms was fraught with intense protests and significant political debate, culminating in their repeal in November 2021.

Background and Genesis

According to Schedule 7 of the Indian Constitution, agriculture has long required improvements in terms of efficiency and productivity.In 2017, the central government proposed model farming acts as an initial step towards these reforms. Unfortunately, these suggestions saw limited implementation at the state level. As a result, in June 2020, the central government issued three ordinances, which were subsequently formalized into acts by September 2020. These acts included:

• The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act of 2020
• The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020
• The Essential Commodities (Amendment) Act, 2020

Salient Provisions of the Acts;

The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020:

• Aimed to create an ecosystem where farmers and traders could freely choose where to sell and purchase farm produce.
• Enabled barrier-free trade of farm produce outside the physical premises of markets notified under state agricultural produce market laws.

The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020:

• Provided a framework for contract farming through agreements between farmers and buyers before the production or rearing of farm produce.
• Provided crucial protections for farmers' interests, including effective dispute resolution mechanisms.

The Essential Commodities (Amendment) Act, 2020:

• Removed items such as cereals, pulses, oilseeds, edible oils, onions, and potatoes from the list of essential commodities, eliminating stock limits on these items except under extraordinary circumstances.

Reasons in support of the Farm Acts

Supporters praised the Farm Acts as transformative reforms expected to benefit all stakeholders—farmers, industry, and consumers. Key arguments included:

• Empowerment of Small and Marginal Farmers: With 86% of Indian farmers being small and marginal, the acts promised better bargaining power and access to technology, potentially enhancing productivity.
• Integrated Market Creation: The acts aimed to establish a more integrated market, foster competition, and improve marketing efficiency.
• Consumer Benefits: By streamlining the agricultural market, consumers could expect better quality produce at competitive prices.

Opposition and protests

Despite these advantages, there was a lot of hostility toward the activities. Opponents contended that the changes were seen as:

• Corporate-Friendly: Some farmer organizations and opposition parties claimed the acts favored corporate interests, potentially undermining farmers' livelihoods.
• Anti-Farmer: Concerns were raised that dismantling state-regulated markets could lead to the exploitation of farmers by large corporations.
• State Opposition: States like Punjab, Haryana, and Kerala passed resolutions against the reforms, with the Kerala legislative assembly seeking their withdrawal.

The Repeal

In response to relentless protests, particularly from farmers in Punjab and Haryana, the Supreme Court stayed the implementation of the Farm Acts in early 2021 and formed a four-member committee to review them. Eventually, in November 2021, the Prime Minister announced the repeal of the Farm Acts. The government committed to introducing a single bill in Parliament to nullify the three acts and cease the operations of all boards and offices constituted under these laws.

Conclusion

The Indian Agriculture Acts of 2020 represent a significant yet contentious chapter in the history of Indian agricultural policy. While the intended reforms aimed to modernize and liberalize the agricultural sector, the widespread protests and political pushback underscored the complex interplay of stakeholders' interests. The repeal of these acts underscores the critical necessity of inclusive and consultative approaches to policymaking in such a vital sector as agriculture.

The Ayodhya case is one of India’s most enduring disputes. It is also one of the most contentious ones. A complex history roots of the dispute. It involves religious and cultural significance.  It has spanned decades and captured national and international attention.

Historical Background

The Ayodhya dispute is about a plot of land in Uttar Pradesh. Hindus believe it is the birthplace of Lord Rama, a major Hindu deity. The site was home to the Babri Masjid. A general under Mughal Emperor Babur named Mir Baqi constructed the mosque in 1528. He built it after the Mughal conquest of the region. The mosque's location became a point of contention. Claims that it was built over a pre-existing Hindu temple dedicated to Lord Rama caused this. In 1949, devotees of Rama discovered idols dedicated to him inside the mosque. This discovery led to the structure being subsequently declared off-limits to Muslims, escalating the tensions in the dispute.

Escalation of the Ayodhya dispute.

The modern phase of the Ayodhya dispute began in the 19th century. Both Hindu and Muslim communities sought control over the site. Tensions grew in the mid-20th century. Legal battles and communal conflicts marked the time.

The Demolition of Babri Masjid.

A big and much-argued event happened on December 6, 1992. It was a large group of Hindu activists who demolished the Babri Masjid. Groups like the Vishwa Hindu Parishad (VHP) led them. The Bharatiya Janata Party (BJP) supported these groups. This act caused many communal riots in India. They led to many casualties and deepened the religious divide.

Legal Proceedings

The demolition of the Babri Masjid intensified the legal battle. Many individuals filed lawsuits, making the case a fixture in Indian courts. The Allahabad High Court delivered a landmark judgment in 2010. It divided the disputed land into three parts. It gave one-third to the Hindu parties. It gave one-third to the Muslim parties. It gave one-third to the Nirmohi Akhara, a Hindu sect.

Impact and Significance

The resolution of the Ayodhya dispute had significant socio-political implications. It marked a critical juncture in India's secular fabric, with debates on religious identity, minority rights, and the role of historical grievances in contemporary politics. The peaceful acceptance of the Supreme Court's verdict demonstrated a strong societal desire for stability and reconciliation following the resolution of the Ayodhya dispute.

Archaeological Survey of India
Under the auspices of the Allahabad High Court, the Archaeological Survey of India conducted an excavation at the contentious site. When KK Muhammad was the Regional Director (North) of ASI, he played a crucial role in resolving the Ayodhya issue in a cooperative manner.

The Supreme Court's Verdict

 In addition, it mandated that the site be given to a trust so that the Hindu temple could be built. Additionally, it mandated that the government grant the Uttar Pradesh Sunni Central Waqf Board an additional 2.0 hectares (5 acres) of land so that the mosque may be constructed. The construction of the Ram temple in Ayodhya has been completed, symbolizing the fulfillment of a long-standing demand of many Hindus. Construction of the mosque at the alternative site has started in tandem.

Conclusion

The Ayodhya case, India's longest-running dispute, has left an indelible mark on the nation's history and collective consciousness. Although the legal resolution has paved a path forward, it also acts as a reminder of the intricate task of balancing religious sentiments with the upholding of secular principles. As India moves forward, the lessons learned from the Ayodhya dispute underscore the need for continued efforts towards harmony and mutual respect among its diverse communities.

The 2014 judgment by the Supreme Court of India in National Legal Services Authority v. Union of India stands as a monumental stride towards gender equality in the country. This landmark ruling recognized transgender individuals as the 'third gender' and affirmed their fundamental rights, including the right to self-identify their gender and access equal opportunities under the Indian Constitution. This decision marked a pivotal moment in the fight for transgender rights, as it granted them the right to self-identify their gender as male, female, or third gender, thereby fostering a more inclusive society.

The petitioners and the judicial bench

The National Legal Services Authority of India (NALSA), a group founded to offer free legal assistance to underprivileged groups in society, was the main petitioner in this case. Joining NALSA were the Poojya Mata Nasib Kaur Ji Women Welfare Society, an NGO committed to women's welfare, and Laxmi Narayan Tripathy, a well-known Hijra activist recognized for her support of transgender rights.

A two-judge panel comprising Justices K.S. Panicker Radhakrishnan, a seasoned advocate for social justice, and Arjan Kumar Sikri, a renowned legal scholar, decided the case. The two justices demonstrated meticulous analysis by actively engaging with testimonies from transgender individuals and experts, showcasing their deep understanding of the issues and unwavering dedication to social justice.

Key Directives of the Judgment

1. Legal Recognition of the Third Gender: The Court's decision to legally recognize the third gender was a groundbreaking affirmation of the fundamental rights of transgender individuals. By acknowledging the third gender, the Court ensured that transgender people could enjoy the same rights as their male and female counterparts. The judgment also highlighted the discriminatory nature of non-recognition in various legal contexts, such as marriage, adoption, and divorce.
2. Self-Identification of Gender: The Supreme Court emphasized the importance of self-identification of gender, opting for a 'psychological test' over a 'biological test' for recognizing gender identity. This progressive stance declared that insisting on sex reassignment surgery (SRS) as a prerequisite for gender change is illegal.
3. Public Health and Sanitation: Recognizing the unique healthcare needs of transgender individuals, the Court directed both the central and state governments to provide adequate medical care in hospitals and to establish separate public toilets and other facilities.
4. Socio-Economic Rights: The judgment acknowledged the socio-economic disadvantages faced by the transgender community and directed governments to treat them as socially and economically backward classes. This classification entitles them to reservations in educational institutions and public appointments, aiming to improve their access to opportunities and resources.
5. Addressing Stigma and Raising Public Awareness: The Court called for extensive public awareness campaigns to combat stigma and promote the social integration of transgender individuals. These campaigns are crucial for addressing issues like fear, shame, gender dysphoria, depression, and suicidal tendencies and for restoring the respect and dignity of transgender people in society.

Implementation and Impact

The Supreme Court's directives have profound implications for the legal and social standing of transgender individuals in India. Regular audits and digitization of records were also ordered to ensure transparency and accountability in managing the implementation of transgender rights measures.

The Court's judgment underscores the importance of treating transgender individuals with dignity and respect, aligning with the recommendations of the Ministry of Social Justice and Empowerment's Expert Committee Report on transgender issues.

Conclusion

The National Legal Services Authority v. Union of India (2014) judgment is a landmark in the history of transgender rights in India. By legally recognizing the third gender and ensuring their fundamental rights, the Supreme Court has paved the way for greater acceptance and integration of transgender individuals into mainstream society. This ruling not only addresses the immediate needs of the transgender community but also sets a precedent for future legal and social advancements in areas such as healthcare access, employment opportunities, and educational inclusivity in the quest for gender equality.

Introduction

The Sree Padmanabhaswamy Temple, situated in Thiruvananthapuram, Kerala, is renowned for its vast wealth, including priceless treasures and assets, making it one of the wealthiest and most revered temples in India. The temple has been at the center of long-standing legal disputes regarding its administration and the extensive wealth saved inside its vaults. The Indian Supreme Court's ruling on this case in 2020 marked a substantial milestone, significantly impacting the governance of religious institutions in India.

Historical Context

The Sree Padmanabhaswamy Temple, dedicated to Lord Vishnu, has a profound connection dating back to the 8th century, showcasing its rich historical and religious significance. The Travancore royal family, with a long-standing tradition, has served as the esteemed custodian of the temple for generations, symbolising a deep-rooted connection to its heritage. In 2011, a public hobby lawsuit (PIL) was filed, leading to the invention of tremendous treasures in the temple's vaults, expected to be well worth billions of bucks. This discovery raised questions about the control and possession of the temple's belongings.

The Legal Battle

The prison dispute started with the Kerala High Court's decision in 2011, which ruled that the state authorities should take over the management of the temple. The Travancore royal family challenged this decision, leading to a long battle that culminated in the Supreme Court's involvement.

Key Issues at Stake

The Sree Padmanabhaswamy Temple case revolved around several critical issues, primarily concerning the ownership and custodianship of the temple and its vast wealth. It was crucial to determine whether the Travancore royal family's continuation as custodians was essential to upholding the temple's traditions and cultural significance. Moreover, it was imperative to establish transparency and accountability to guarantee the ethical utilisation of the temple's substantial assets. Furthermore, the case touched upon religious and cultural rights, emphasising the protection of religious traditions and the rights of devotees to preserve their spiritual heritage.

The Supreme Court's Verdict

In July 2020, the Indian Supreme Court delivered a landmark verdict that overturned the Kerala High Court's earlier decision. The Supreme Court's ruling reinstated the Travancore royal family's custodianship, recognising their historical and cultural role as the temple's trustees. To address concerns over transparency, the court mandated the formation of an administrative committee comprising members of the royal family and representatives from the state government to oversee the temple's operations. Additionally, the court emphasised the necessity for transparent management by directing regular audits and digitising records, ensuring that the temple's assets were accounted for and managed responsibly. The current ruler of Travancore, Shri Moolam Thirunal Rama Varma, also played a role in the Supreme Court's landmark ruling, not only resolved a decade-long legal fight but also highlighted the need for transparency and responsibility within the management of non-secular institutions. The current issue has been resolved by the creation of an administrative committee and advisory committee, in accordance with this affidavit.

Implications of the Ruling

The Supreme Court's ruling carries significant implications for the management of religious institutions in India. By restoring the royal family's custodianship, the court underscored the importance of preserving historical and cultural heritage. The establishment of an administrative committee is pivotal in harmonising traditional custodianship with contemporary governance practices, thereby fostering accountability and transparency. Moreover, this verdict sets a precedent for similar disputes involving religious institutions, offering a legal framework for balancing the preservation of religious traditions with the need for contemporary management practices.

Conclusion

The Sree Padmanabhaswamy Temple case underscores the complicated interplay between culture, religion, and modern-day governance. The Supreme Court's landmark ruling not only resolved a decade-long legal fight but also highlighted the need for transparency and responsibility within the management of non-secular institutions. As the temple remains a symbol of cultural and religious heritage, the verdict guarantees the preservation and responsible management of its treasures for the benefit of future generations.

The Supreme Court Ruling and Political Pressure

The Indian Supreme Court struck down a long-standing rule that forbade women between the ages of 10 and 50 from visiting the Sabarimala Temple. Protests were organised in reaction to considerable resistance to this ruling from conservative organisations and political parties, which produced great controversy, even though the court had given its orders. The conflict reached a peak in January after two women were allowed admission into the temple, sparking violent protests due to the breaking of the traditional ban.

Arguments and Constitutional Rights

The ban's supporters contend that the limitation is a religious custom related to the nature of the god rather than a case of gender discrimination. However, others argue that discriminating against women because of their menstrual cycle is against their constitutional rights to equality and freedom of religion. Chief Justice Ranjan Gogoi's ruling for the Supreme Court declared the practice unlawful and unconstitutional, placing a strong emphasis on women's rights.

Political and social turbulence

Political parties leveraged the Sabarimala controversy ahead of the 2019 Lok Sabha elections, amplifying tensions. Despite the Supreme Court's verdict, the reopening of the temple for the "mandalam" season on November 16 saw continued unrest. The BJP and right-wing organisations protested the decision, citing religious beliefs, while women's rights groups and left-leaning parties, including the ruling CPI (M), supported it for gender equality reasons. Leaders of the ruling CPI (M) compared those unleashing violence over the Sabarimala verdict to Taliban and Khalistan terrorists. CPI (M) supports the entry of women of all age groups at Sabarimala. Keeping alive the debate on the entry of women of menstruating age into Sabarimala shrine, the CPI (M), heading the ruling LDF, has batted for the entry of women of all age groups into the temple. CPI (M) also filed an affidavit before the Supreme Court supporting the case.

The Role of Tradition and Legends

Sabarimala was formerly off-limits to menstruating women because of stories about Lord Ayyappa's chastity vow and his relationship with Malikapurathamma. Many devotees and right-wing organisations insisted that the prohibition was necessary to safeguard the temple's holiness in spite of the Supreme Court's decision.

Legal battles and protests

Protests sprang out, especially in Kerala, after the Supreme Court's 2018 ruling, which was the subject of many petitions. Citing right-wing parties' meddling in the court's enforcement of its orders, the Kerala government petitioned the Supreme Court to transfer matters pertaining to the temple from the Kerala High Court.

Historical context and judicial decisions

The custom of excluding women from Sabarimala, rooted in traditional beliefs and practices, has a long history that dates back several centuries. The Indian Young Lawyers Association, however, contested this in 2006, and as a result, the Supreme Court ruled in 2018 that women of all ages were permitted entry into the temple. The Travancore Devaswom Board, which is in charge of the temple's management, approved this historic move.

Looking Forward: Legal and Social Implications

Sabarimala poses significant constitutional questions on gender equality and religious freedom in addition to religious practices. According to senior lawyer K Parasaran, caste discrimination falls under the wrongly interpreted Article 17 of the Constitution, and he argues that Article 15 of the Constitution, which prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, only pertains to secular institutions, not religious ones.

Conclusion

The Supreme Court ruled that Rule 3(b) of the Public Worship Rules was unconstitutional, emphasising that denying women access to Sabarimala infringed on their basic rights. This historic decision upheld women's freedom of religion and brought attention to the continuous battle to strike a balance between custom and constitutional rights.

In a significant judgement on February 15, 2024, the Supreme Court of India unanimously struck down the Electoral Bonds Scheme as unconstitutional, citing serious concerns about transparency and electoral fairness. The decision has elicited extensive commentary on the judicial rationale and implications for political financing in India.

Chief Justice D.Y. Chandrachud, leading a five-judge Constitution Bench, highlighted the infringement of voters' right to information as central to the verdict. The court underscored that knowledge of the sources of political funding is crucial for voters to exercise their democratic rights fully, and therefore, transparency in political funding cannot be compromised. This stance was affirmed across multiple sources, including summaries from the Supreme Court Observer, India Today, and others.

The court found the scheme's promise to curb black money through anonymous contributions unconvincing. It was argued that non-disclosure does not have a rational nexus with curbing black money, a critical point given that genuine transparency in electoral finance was seen as compromised under the scheme. Moreover, the court noted that while electoral trusts provide a similar level of confidentiality, they do not infringe upon voters' rights to information as severely as electoral bonds do.

Additionally, the judgement critiqued the scheme for potentially skewing political competition in favour of the ruling party, a point also noted by India Today, which elaborated on how the scheme could aid the party in power through disproportionate financial contributions. The court also expressed concerns about the unlimited corporate contributions enabled by amendments to the Companies Act, which it deemed unconstitutional for allowing significant corporate influence on policy-making without sufficient transparency.

The verdict also involves practical outcomes: the Supreme Court has directed the immediate cessation of the issuance of electoral bonds by the State Bank of India (SBI) and mandated disclosure of the details of bonds encashed by political parties since their inception.

This landmark judgement is viewed as a pivotal moment in the ongoing debate over transparency and accountability in political finance in India, setting a precedent that emphasises the constitutional importance of voters' right to information over the privacy rights of donors.

In a recent criminal appeal, the Supreme Court of India delivered a significant judgement emphasising the importance of settlement in legal proceedings under Section 138 of the Negotiable Instruments Act, 1881. In this case, the settlement not only resolved the legal dispute but also brought closure to the prolonged legal proceedings involving Ghanshyam Gautam & Anr. and Usha Rani through L.R.S.

The case originated from proceedings under Section 138 of the Negotiable Instruments Act, wherein the appellant was convicted and sentenced. However, amidst the legal battle, the parties reached a settlement and filed a compromise deed dated January 16, 2018. According to the compromise deed, the respondent-complainant agreed to accept a specified amount as the full and final settlement of the check amount and the accompanying fine imposed by the trial court. The compromise deed, submitted as Annexure P-6 to the special leave petition, outlined the payment of the agreed-upon sum in two installments.

Despite the initiation of legal proceedings and the granting of a stay by the Court, the absence of appearance by the respondents signalled that a settlement had been reached. Recognising the settlement and the complainant's acceptance of a specific amount in satisfaction of the dispute, the Court deemed it appropriate to quash the proceedings under Section 138 of the NI Act.

This judgement highlights the significance of settlement in legal proceedings, particularly in cases under Section 138 of the Negotiable Instruments Act. Settlement not only brings closure to legal disputes but also promotes efficiency and expediency in the administration of justice. By fostering compromise and mutual agreement, settlement provides a constructive path to resolution that moves beyond the adversarial aspects of litigation.

Moreover, the judgement underscores the Court's commitment to upholding the finality of settlements and its inclination to respect such agreements. When parties achieve a mutually agreeable resolution, justice is best served by honouring that agreement and putting an end to prolonged legal disputes.

In conclusion, the case of Ghanshyam Gautam & Anr. Versus Usha Rani through L.R.S. serves as a poignant reminder of the power of settlement in legal proceedings. By acknowledging and respecting settlements, the Court not only enhances efficiency in justice administration but also nurtures a culture of cooperation and compromise for dispute resolution.

Introduction:

The Unified Payments Interface (UPI) has emerged as a cornerstone of India's digital payments revolution, with Google Pay (GPay) establishing itself as a prominent player in this dynamic market. However, concerns regarding Google's alleged abuse of dominance have sparked investigations, shedding light on the intricate relationship between technology, competition, and consumer welfare.
Google's dominance allegations

Google LLC's parent company, Alphabet Inc., is heavily involved in the digital payments space and gets a large amount of its revenue from advertising. The complaint filed by the informant against Google emphasises the company's dominance over the Android ecosystem, including the Play Store, and its purported preference for GPay over other UPI-based payment apps.

Advanced Arguments:

According to the informant, Google may suppress competition by limiting the availability of competing payment applications on the Play Store because of its market dominance. In addition to Google's data collection methods through GPay, this purported behaviour raises questions regarding consumer choice and market access. Conversely, Google asserts that its policies are designed to give customers a consistent and safe experience, leaving plenty of room for rivals to prosper.

CCI Ruling: Google's Dominance

The Competition Commission of India (CCI) ruled in favour of the informant, recognising Google's dominant position and the potential anticompetitive effects of its actions. The commission found prima facie evidence of unfair conduct by Google, leading to the imposition of a significant penalty. However, certain allegations were dismissed due to a lack of concrete evidence.

Digital Market Regulations

The case underscores the challenges of regulating competition in the digital age, where market boundaries are blurred and technological innovations outpace regulatory frameworks. While the recent amendments to competition law, such as the inclusion of digital market regulations and stricter antitrust measures, aim to address these challenges, their efficacy remains to be seen. Moving forward, the CCI must adopt a consumer-oriented approach, focusing on enhancing the user experience and ensuring fair competition while leveraging expert knowledge in data analytics and market trends to navigate complex digital markets effectively.

Conclusion:

As the digital payment ecosystem in India develops further, it is crucial to maintain fair competition and prioritise the welfare of consumers. The Google Pay case serves as a reminder of the value of anticipatory regulation and a sophisticated knowledge of cutting-edge technology. The CCI can successfully handle antitrust issues and promote a competitive environment that benefits companies and consumers alike by adopting a forward-thinking strategy.

Apple Inc. is engaged in designing, marketing, and selling smartphones (including the iPhone), personal computers (including iMacs), tablets (including the iPad), wearables and accessories, and a variety of related services. The case of Together We Fight Society v. Apple Inc. 2021 has gained significant attention due to its implications for both consumer rights and the power of technology giants.Together We Fight Society, a consumer advocacy group, filed a lawsuit against Apple Inc. in 2021, accusing the tech giant of antitrust behaviour and monopolistic practices within its App Store ecosystem.This case highlights the ongoing debate surrounding the regulation of big tech companies and their impact on competition in the market. The outcome of this investigation could have far-reaching consequences for both Apple and the broader tech industry. 

The informant argued that Apple's strict control over in-app purchases on iOS devices creates a monopoly and limits competition, ultimately resulting in higher costs for consumers. They also highlighted that this practice goes against principles of fair competition and consumer choice, as developers are forced to comply with Apple's payment processing system or risk being excluded from the App Store. 

The informant has claimed that Apple engages in anti-competitive behaviour, abusing its market dominance to distribute applications to users of smartphones and tablets and handle payments from customers for digital content that is used within iOS mobile apps ("in-app content"). The informant argues that Apple's monopoly on the App Store inhibits innovation and competition, which hurts customers in the long run by limiting their options and possibly raising prices. The source further claims that because Apple requires apps to use its payment processing system, developers are compelled to pay expensive fees, which hinders their ability to compete fairly in the market. Allegations of anti-competitive activity and monopolistic dominance over the app distribution and payment processing markets have resulted from these actions. Opponents contend that these regulations impede innovation in the digital content sector and restrict consumer choice. The lawsuit underlined that because developers are compelled to pass on the 30% commission to their users, which results in higher prices, Apple's tactics ultimately hurt consumers. They maintained that there would be more competition, lower app prices, and more options for consumers if developers were permitted to provide alternate app distribution channels or if the commission rate was decreased.

According to the CCI, Apple dominates the relevant market for "iOS app stores in India." Primarily, the CCI concurred with the informant's claims after reviewing the App Store Review Guidelines. Regarding Apple's marketing limitations, the CCI pointed out that preventing app developers from alerting users to alternate ways to make purchases within the app would drive up the cost to customers. The CCI also pointed out that although there are less expensive options, app developers are limited in their ability to use a payment processing system of their choosing because in-app purchases and paid apps are required to use Apple's IAP. Regarding the commission cost, the CCI pointed out that Apple's competitors may find it more difficult to compete with Apple if they charge a high percentage of 30%. This might also hurt Apple's competitors in downstream sectors like e-books, music, and video streaming. The CCI added that in order for Apple to enhance its own services, it would be beneficial to look into whether it would have access to user data gathered from its downstream competitors. Finally, the CCI stated that because app developers are not permitted to offer such services under the developer rules and agreement, third-party app shops are not permitted to be listed on Apple's App Store.

 In summary, the ruling may lead to a more open and competitive app marketplace, benefiting both developers and consumers.This case also highlights the need for greater transparency and accountability in the tech industry to ensure a level playing field for all stakeholders involved. 

Fast Track Call Cab Pvt. Ltd. and Meru Travel Solutions Pvt. Ltd. has accused Ola of unfair business practices and predatory pricing strategies, claiming that it has created an uneven playing field in the market. The CCI is also looking into allegations that Ola has been offering deep discounts and incentives to customers and drivers, which may be detrimental to overall market competition. Both Fast Track Call Cab Pvt. Ltd. and Meru Travel Solutions Pvt. Ltd, seeking regulatory intervention to address their concerns and ensure a level playing field for all players in the industry. Both informants lodged separate complaints with the Commission. They contended that Ola abused its dominant position by offering significant discounts to passengers and incentives to cab drivers, constituting predatory pricing. The Commission's prima facie order recognised Ola's dominance in Bengaluru's radio taxi services market and ordered further investigation.

The informant also raised concerns about the impact of Ola's pricing strategy on consumer choice and overall market competition. The Commission will further investigate these claims to determine if Ola's practices violate competition laws.

Overall, the case involved a complex analysis of market dynamics and competition law. Both parties presented compelling arguments regarding market definition and pricing strategies, making it a challenging decision for the regulatory authorities to determine if there was indeed an abuse of dominance.

The Commission acknowledged Ola's role as a platform in the radio taxi service market and considered it part of the same relevant market as asset-owned model players. It determined that Ola's dominance was unsubstantiated, citing rapid market growth, effective entry, and countervailing market forces.

The Commission’s order demonstrates a balanced approach to competition enforcement, aiming to preserve innovation while upholding free market principles. The decision offers insights into an enforcement strategy mindful of its impact on emerging businesses.

The case highlights the need for a nuanced approach to competition enforcement in dynamic markets, ensuring innovation incentives are safeguarded while fostering competitiveness.

The Corporate Insolvency Resolution Process (CIRP) is a crucial part of the Insolvency and Bankruptcy Code (IBC), which must be completed within 330 days of insolvency commencement. The IBC has significantly changed the debtor-creditor relationship, with the debtor now chasing creditors. The National Credit Rating Tribunal (NCLT) has become a trusted forum, and the capacity of the NCLT has been enhanced.

The IBC has a clear demarcation for its audience, with separate adjudicating authorities, such as the Debt Recovery Tribunal (DRT), handling cases related to defaults by individuals and partnership firms. The concerned debtor or creditor may submit the application for insolvency resolution. A resolution specialist is assigned to handle and oversee the entire process after an application is submitted to DRT. For the benefit of the person or partnership firm, the resolution specialist is essential in initiating and advancing the insolvency procedure.

The Code allows debtors to initiate insolvency proceedings for themselves or with the approval of all or majority partners. To initiate insolvency proceedings, the debtor must meet certain prerequisites, such as not being undischarged bankrupt, undergoing a fresh start process, having no insolvency resolution proceedings in progress, not undergoing bankruptcy, and having no insolvency resolution proceedings admitted within the past twelve months. Creditors can initiate insolvency resolution processes for individuals and partnership firms, either by themselves, through a consortium, or through a resolution professional. The application must include required attachments and be in the appropriate format as prescribed in the Code.

An interim moratorium applies to insolvency proceedings initiated by either party, preventing any legal action from being executed or the creditor initiating fresh action. In partnership firms, the moratorium applies to all partners. This ceases on the admission of the application by DRT.

In cases where a resolution professional files an insolvency resolution application, the adjudicating authority (DRT) must verify if there are no disciplinary proceedings against the professional within seven days of receiving the application. The board must report its decision within seven days.

In cases where a debtor or creditor initiates insolvency proceedings without a resolution professional, the adjudicating authority directs the board to nominate a professional within ten days. The board must verify there are no disciplinary proceedings and provide the appointed professional with the insolvency resolution process application.

The resolution professional may request proof of debt repayment from the debtor, highlighting the reasons for admission or rejection of the application and providing a copy of the report to the debtor or creditor.

The adjudicating authority must pass an order within 14 days after receiving the resolution professional's report, admitting or rejecting the application. If admitted, the authority may initiate negotiations between the debtor and creditors to finalise a repayment plan. The authority must provide a copy to the creditor within seven days.

The insolvency resolution process begins with a moratorium period, which ends at the end of 180 days. The adjudicating authority issues a public notice inviting creditors to submit claims within 21 days. The resolution professional is responsible for registering claims, and creditors can use electronic, courier, speed post, or registered post. The resolution professional then collates a list of creditors based on the debtor's application and claims, draughts a repayment plan that proposes debt restructuring, and grants the resolution professional various powers. The plan is submitted to the adjudicating authority within 21 days. If a meeting is needed, the resolution professional must specify the date and time and consider the convenience and availability of creditors when booking a meeting.

The resolution professional must call a committee of creditors meeting at least fourteen days in advance of the finalised date, providing notice to all creditors listed in the list. The meeting will follow the Code's procedures and allow creditors to approve, modify, or reject the repayment plan. Secured creditors are also eligible to participate. The approval of a majority of creditors, representing three-fourths of the creditors present at the meeting, is mandatory for seeking approval or modification. The resolution professional must compile a report of the meeting, detailing all decisions and discussions. The adjudicating authority will then decide whether to approve or reject the repayment plan based on the resolution professional's report. The decision will also contain directions for implementing the plan.

The repayment plan, approved by the creditors and adjudicating authority, will be implemented and monitored by the resolution professional. If any issues arise, the professional can seek directions from the adjudicating authority. The professional must complete the plan within the prescribed time limits and provide the necessary documents within 14 days. If not, they can seek an extension from the adjudicating authority. If successful, the professional can seek a discharge order for debts, provided the plan allows for early discharge or discharge upon completion. The discharge order must be provided to the board for records. The insolvency resolution process is the initial step against defaulting individuals and partnerships, and all parties involved must cooperate with the appointed resolution professional to efficiently execute the process and seek a discharge order.

The Indian antitrust authority ruled in Harshita Chawla vs WhatsApp and Facebook that integrating the company's payments program, WhatsApp Pay (WPay), within its messaging app is not anti-competitive. The Competition Commission of India (CCI) concluded that this integration does not qualify as "tying in" because it lacks pressure on users, aligning digital marketplaces with physical businesses. However, this decision overlooks the complexity of digital markets and the potential for market foreclosure.

WhatsApp Pay's launch aimed to enter India's digital payments market, building on the success of the Unified Payments Interface (UPI). Users would transact money over WhatsApp, providing a convenient in-chat feature. Despite concerns from petitioners regarding compliance with data localization regulations, the National Payments Corporation of India (NPCI) confirmed WA Pay's compliance, allowing ICICI Bank to go live with the service. Despite this, Harshita Chawla filed a petition under Section 19(1)(a) of the Competition Act, alleging violations by Facebook and WhatsApp.

The CCI dismissed market foreclosure concerns, citing competitors' multinational backing. However, this disregards the EU's stance, which considers even minor disadvantages to competitors. Tying and bundling practices, especially by dominant firms, can hinder competition. WhatsApp's vast user base and access to Facebook's data raise concerns about market dominance. Although the CCI recognized network effects and convenience, it failed to address data-related concerns raised by the Informant, overlooking potential anticompetitive conduct.

While competition is beneficial, its source matters. In this case, competition from a large conglomerate poses risks of market dominance and access to sensitive data. Indian competition regulation needs alignment with global standards to address these concerns effectively. The CCI has demonstrated a readiness to recognize and value the impact of convenience and network effects. Therefore, to avert actual harm, it is imperative that the CCI identifies which company actions or acquisitions have the potential to impair competition and regulates them proactively. Furthermore, the CCI ignored the informant's data-related concerns, claiming there were insufficient specific complaints. While more competition is typically good for customers, it is important to examine the origins and characteristics of this rivalry. Given its access to sensitive consumer data and high payment volumes, which could make it a single point of failure, competition from a single, sizable company may not always be beneficial in this situation.

Mohit Manglani's case against major e-commerce players like Flipkart India Pvt Ltd sheds light on liability concerns within the online retail industry. Filed under Section 19(1)(a) of the Indian Competition Act, 2002, the complaint questions the responsibility of platforms like Flipkart in facilitating sales to third parties.

Allegations suggest that by engaging in exclusive agreements with retailers, these e-commerce platforms are participating in anti-competitive practices, violating Sections 3(1), 3(4)(b), and 3(4)(c) of the Act. Additionally, they are accused of abusing their dominant market position, as per Section 4 of the Act. Instances cited include the exclusive availability of Chetan Bhagat's book "Half Girlfriend" on Flipkart's website, highlighting anti-competitive effects.

The informant argues that the respondents' actions restrict customer options in terms of purchase terms and prices. The rigidity of non-negotiable terms like delivery timeframes, prices, payment terms, and quality requirements undermines competition, violating Sections 3(1), 3(4)(b) & (c), and 4(a)(i), 4(b)(i), and 4(b)(ii) of the Act.

In response, the defendants challenge the informant's notion of defining the appropriate product market, arguing against considering all items together. They stress the importance of identifying interchangeable or substitutable items to determine the relevant market, including those imposing price constraints. Furthermore, they emphasize that the method of acquisition remains the same whether through online portals or physical stores.

The Commission noted that consumers can evaluate pricing and the benefits and drawbacks of products through the OPs' online distribution channels. Additionally, by having the option of doorstep delivery, customers can accept the purchase whenever it's convenient for them and don't have to dedicate several hours to purchasing a brick-and-mortar store.E-commerce platforms have given consumers another effective way to distribute their goods, and they will only continue to expand in the years to come.An example of this is the recent surge in e-commerce retail platforms and the fierce rivalry from new players. However, in order to effectively and ideally regulate the market, legislators and law enforcement organizations must recognize the fundamental variations among online platforms and address concerns such as collective dominance in a manner appropriate to those characteristics.The influence exclusivity agreements have on customer choice and access must be taken into account while evaluating their impacts. In this sense, even though CCI has determined that web portal distribution methods give customers the ability to compare costs, they don't quite meet the bill to cover the void left by product monopoly.

Zomato, a platform facilitating food ordering and delivery from various local restaurants, operated initially as foodiebay.com before rebranding as Zomato in 2010. By 2012, it had become a major player in India's restaurant and food portal scene, launching services in multiple cities.

In the legal case of Rohit Arora v Zomato Private Limited, a longstanding Zomato user,  Mr. Arora, filed a complaint under Section 19(1)(a) of the Competition Act, 2002. Allegations include Zomato's abuse of its dominant position, citing increased food delivery charges, unfair fees, and vertical restraints on restaurants, hindering their own deliveries and creating entry barriers.

To support these claims, Mr. Arora presents three specific incidents illustrating perceived unjust treatment of customers and partner restaurants by Zomato.

The case provides insight into applying legal principles in the digital marketplace. The Competition Commission of India's proactive involvement demonstrates a commitment to fair competition and consumer protection in the evolving online services realm.

Zomato's adept handling of the allegations, supported by robust evidence, showcases a commendable adherence to legal principles, emphasizing the importance of evidence-based decision-making and substantiated claims.

Additionally, the case underscores the legal significance of clear communication channels in contractual relationships, emphasizing adherence to established policies for legal integrity and consistent application of terms. Zomato's commitment to its terms of service reflects dedication to legally binding agreements and fair dealings.

Allegations include Zomato's competitive advantage from its foodiebay.com days and strengthened market position post-acquisition of Uber Eats in 2020. Claims of abusing its dominant position with unfair delivery charges and restrictions on certain restaurants are mentioned.

The informant cites three incidents related to delivery cancellation, food spillage, and inability to cancel orders as supporting evidence.

The case raises concerns about Zomato's competitive advantage, alleged abuse of dominant position, and the need for further investigation into cancellation policies and addressing consumer preferences to prevent unfair services.

In summary, the Rohit Arora v Zomato Private Limited case offers significant perspectives on the functioning of the digital marketplace and the application of legal principles in this context. The thorough scrutiny by the Competition Commission of India and its conclusion that Zomato lacked a dominant position highlights the necessity for a meticulous legal evaluation in competition-related matters. Additionally, the case underscores the vital role of transparent communication and compliance with established policies in contractual relationships. Zomato's commitment to its terms of service highlights the significance of honoring legally binding agreements and maintaining transparency in business dealings.

CASE ANALYSIS ; FARIDABAD INDUSTRIES ASSOCIATION VS. ADANI GAS LTD

INTRODUCTION:

The Faridabad Industries Association (FIA), the case's informant, is a 500-member association of Faridabad-based industries that is recognised by the Societies Registration Act of 1860. The sectors comprise steel, alloys, textiles, medical equipment, automobile components, etc.

The defendant is M/s Adani Gas Ltd. (AGL), a business that was established and registered under the Companies Act of 1956. Its primary activity is the establishment of distribution networks in several locations to supply natural gas to consumers who use it for residential, commercial, industrial and CNG purposes.

FACTS:

With arbitrary, unjust, and discriminatory terms and conditions of the Gas Sales Agreement, the FIA accuses AGL of abusing its dominant power in the relevant market of natural gas supply and distribution in the Faridabad district. The conditions put the buyers of natural gas in Faridabad in a "take it or leave it" situation and were wholly against the law of contracts. The corporation framed the agreement in a way that left no room for the FIA, who are essentially defenseless purchasers who are reliant only on the supplies of the other party. The Director General was instructed by the commission to look into the matter and provide a report within 60 days of receiving the order. The investigation came to the conclusion that the informant's claims that the defendants had raised petrol prices arbitrarily and irrationally could not be seen as an abuse of their dominating position.

 ARGUMENTS ADVANCED: 

Informant’s side:

It was argued that a dominant firm could only abuse its power to force a buyer to sign a sale agreement with unfair or discriminatory conditions, and that this would constitute abuse of dominance under the Act. The informant emphasized that the agreement gave the customers no right at all to request a certificate of quality from the supplier of the other party or to request documentation of the same with the certificate.The informant argued that the material supplied by the informant contained particular examples of inappropriate pricing, which the DG had neglected to analyse.The informant also argues that the defendant's own fluctuations in the price of petrol as an input cost lead to unreasonable and arbitrary pricing practices in the tariff and margins.

Respondent side:

Since these were contractual conflicts, the defendant refuted the informant's claims that they raised any competition law difficulties.As a result, it was argued that the information's very maintainability is in doubt because the conditions of the aforementioned agreement were solely commercial in nature and cannot be contested under the Act. It was argued that the informant had not demonstrated any negative impact on competition as a result of the defendant's claimed abusive provisions of the agreement. It was argued that natural gas can be substituted with other fuels such as coal and lignite, liquid fuels, and grid electricity because its main uses are for heating, chilling, and electrical generation.

RATIO:

The commission believed that by putting unfair and discriminatory conditions on the sale or purchase of goods, the other party had violated Section 4(2)(a)(i) of the Act.

The following is the order that the Indian Competition Commission issued:

1. The opposite party has to cease and desist from indulging in activities that are

in contravention of the provisions of this act under this order.

2. GSA has to be modified by the findings and observations recorded under this order.

According to the ruling issued by the Competition Commission of India, the defendant is required to stop engaging in any actions that are against the terms of this act. The opposite party (AGL) made certain essential revisions to the agreement during the investigation and while the case was pending, but the commission felt that only a small number of the agreement's clauses had been found to be in violation of the Act. Based on the available information, the commission determined that a penalty of 4% of the average turnover for the previous three years would be applied. Within sixty days of the order of receipt, the defendant was obliged to amend the terms of the agreement.

CONCLUSION:

It is critical to evaluate the true impact of seemingly unjust and arbitrary words within the relevant legal and business context when analyzing their imposition in agreements. The appraisal ought to take into account the conditions, negotiating power, and positions of all parties involved. Faridabad was considered a good geographic market for Adani Gas, which operates a CGD Network in an area where the Haryana government has licenced only one service provider.

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Understanding Surrogacy:

Under Sections 11-14:

Evolution of Regulations:

Surrogate Selection:

The Essence of Responsible Surrogacy in India:

The Monopolies and Restrictive Trade Practices (MRTP) Act, which came into force in 1970, held sway over trade practices until it was replaced by the Competition Act in 2002. One significant case, M/S Voltas Ltd v. Union of India, offered a critical examination of what constituted 'restrictive trade practices' and their implications for the broader public interest.

The crux of the matter lay in M/S Voltas Ltd's appeal against the Monopolies and Restrictive Trade Practices Commission's ruling. The company had been designated as the exclusive importer by several manufacturing firms for the distribution of their machinery. However, a notice issued in 1986 raised concerns about specific clauses within their agreements, flagging them as restrictive trade practices that contravened the stipulations of the Act. Consequently, the Commission instructed Voltas to discontinue these practices.

At the heart of the legal dispute were two primary issues: firstly, whether the terms outlined in the agreements amounted to restrictive trade practices as defined by the Act, and secondly, whether these practices were detrimental to the larger public interest. The arguments presented centered on the Commission's responsibility to thoroughly investigate and determine whether these practices aligned with the Act's definitions and their potential adverse effects on the public.

Upon careful scrutiny of evidence and legal precedents, the Supreme Court found that the appellant had failed to demonstrate the existence of specific gateways outlined in the Act. This failure led the Court to conclude that the respondents had indeed engaged in restrictive trade practices, which were deemed harmful to the public interest. Importantly, the Court highlighted the necessity for the Commission to conduct a more comprehensive inquiry before issuing a definitive 'cease and desist' order.

Consequently, the Court overturned the Commission's earlier order and directed a fresh evaluation based on the evidence presented. It also granted both parties the opportunity to submit additional evidence to ensure a fair and just decision-making process. The Court's ruling emphasized the detrimental nature of the defendants' trade practices, which were deemed not only restrictive but also harmful to the broader public interest.

This landmark ruling in M/S Voltas Ltd v. Union of India (1995) provided crucial insights into actions categorized as 'restrictive trade practices' and their adverse impact on the public interest. It underscored the Commission's authority to seek further evidence to facilitate a fair decision without imposing undue financial burdens on either party, based on the specific circumstances of the case

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Case Analysis: JSW Paints Ltd vs. Asian Paints Ltd

The case of JSW Paints versus Asian Paints revolves around allegations that Asian Paints employed tactics to hinder JSW Paints' entry into the paint industry. JSW Paints, a recent entrant in India's paint market, faced purported threats of supply discontinuation from Asian Paints, a well-established industry leader in decorative and industrial paints, boasting the position of the largest paint manufacturer in India and the third-largest in Asia.

JSW Paints launched its decorative paints in 2019 across multiple regions in India, including Kerala, Telangana, Tamil Nadu, and Karnataka. Allegations arose that Asian Paints exerted pressure on dealers, distributors, and retailers associated with JSW Paints, urging them to cease their dealings with JSW Paints' products. This pressure extended to the removal of JSW Paints' displays from retail shelves and dealer signboards, allegedly leading to fear among retailers and dealers. Consequently, several of these entities stopped engaging with JSW Paints, despite initial financial commitments.

Moreover, Asian Paints was accused of pressuring infrastructure providers, such as warehouses, to refrain from accommodating JSW Paints' products. JSW Paints appealed to the Competition Commission of India (CCI) to investigate the matter under Section 26(1) of the Act, requesting orders to cease anti-competitive activities and impose penalties on Asian Paints under Section 27 of the Act. Subsequently, the Director General (DG) of CCI conducted an investigation.

The issues at hand involved defining the relevant market, alleged abuse of dominant position (Section 4 of the Act), and potential restraints under Section 3(4) of the Act pertaining to exclusive supply agreements.

Post the DG's investigation, the respondent, Asian Paints, argued that their conduct was not anti-competitive and contested JSW's allegations. They claimed that JSW Paints had managed to acquire additional dealers within a short period. Asian Paints asserted that their dealings with dealers were fair, involving reductions in credit limits.

On the contrary, JSW Paints contended that the DG's analysis was inadequate. They emphasized Asian Paints' dominance in the market, citing factors such as increased revenue, brand value, financial strength, and the extensive dealer network, which gave Asian Paints the ability to influence dealers through incentives.

The conclusion drawn was that Asian Paints indeed held a dominant position in the relevant market for decorative paints in India's organized sector. However, due to insufficient evidence, allegations of denial of infrastructural facilities, coercive actions against dealers, and violation of Sections 4 and 3(4) of the Act weren't substantiated.

The findings indicated that dealers associated with JSW Paints hadn't substantially increased productivity despite the expansion of JSW Paints' dealer network. Asian Paints justified some of its actions as standard business practices rather than attempts to impede JSW Paints' market presence.

Despite the acknowledgment of Asian Paints' dominant position, the case was closed, finding no conclusive evidence of contravening Sections 4 and 3(4) of the Act.

This case raises concerns about the potential for a dominant market player like Asian Paints to influence its dealer network, possibly excluding competition. While the CCI found no concrete evidence of wrongdoing, the acknowledgment of Asian Paints' dominance suggests a scenario where dealers might have been hesitant to go against the dominant brand, potentially limiting consumers' choices.

As a response, JSW Paints has lodged an appeal before the National Company Law Appellate Tribunal (NCLAT) against the final order issued by the CCI, alleging Asian Paints' abuse of dominant position.

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The Christian Family Laws in India 

Christian family laws in India are like a rulebook that guides the lives of Christian families when it comes to matters of marriage, inheritance, divorce, and more. Understanding these laws is crucial in the diverse Indian landscape, where personal laws can vary greatly from one community to another. In this blog, we'll explore the basics of Christian family laws in India, shedding light on how they impact the lives of Christian families across the country. 

Historical Context of Christian Family Laws 
Christian family laws in India have a rich historical background. They trace their origins to the arrival of Christianity on Indian shores, and further evolved under British colonial rule. The British, in their quest to govern diverse communities, formulated these laws to govern Christian personal matters. Over time, these laws have undergone changes and adaptations, shaping the lives of Indian Christians. 

Key Provisions of Christian Family Laws 
Christian family laws cover various aspects of life, including marriage, divorce, inheritance, and guardianship.  

Marriage and Divorce Regulations 
The Christian Marriage Act, 1872, is a foundational piece of legislation that governs Christian marriages in India. It sets out the requirements and procedures for solemnizing Christian marriages. Under this act, a Christian marriage must take place in a church with a priest or minister as the officiant. 
Christian divorce laws in India are primarily governed by the Indian Divorce Act, 1869. This act allows Christians to seek legal separation or divorce on specific grounds, such as adultery, cruelty, desertion, or conversion to another religion. The act provides a structured legal process for divorce, including the filing of a petition, hearings, and final judgment. 

Adoption and Guardianship 
Christian adoption laws in India are aligned with the Guardians and Wards Act, 1890. Under these provisions, Christians can legally adopt children, and the court oversees the process to ensure the welfare of the child. 
Christian guardianship rules determine who will be responsible for the care and upbringing of a child in the absence of biological parents. Christian family laws provide guidelines for appointing guardians and ensuring the child's welfare and adherence to Christian beliefs and values. 
Property and Inheritance Rights 

Christian succession and inheritance laws are largely governed by the Indian Succession Act, 1925. These laws establish the principles of property distribution among Christian family members after the death of an individual. 
Christian family laws also address property rights within families. They specify the rights and responsibilities of family members concerning family-owned property, preventing disputes and ensuring a fair division of assets among heirs. 

Legal Procedures and Documentation 
Compliance with Christian family laws involves various legal procedures and documentation. This includes marriage registration and the preparation of legal documents for inheritance. For those considering divorce, understanding the filing procedures is crucial. Wills and inheritance documentation also play a significant role in Christian family matters, ensuring a smooth transfer of assets. 

Role of Religious Institutions 
In Christian family, religious institutions, particularly churches and clergy, often play a significant role. They may provide guidance, counseling, and support to families in times of need. Additionally, some disputes may be resolved within the Christian community, highlighting the influence of faith in family matters. 

In conclusion, Christian family laws in India are a vital aspect of the lives of Christian families, guiding them through various stages of life, from marriage to inheritance. Understanding these laws is essential to ensure compliance and resolve disputes effectively. As these laws continue to evolve, it's crucial for Christian families to stay informed and seek legal advice when needed, ensuring that their rights and interests are protected. 

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Understanding Fundamental Aspects of Family Laws in India

Introduction:

Family is the cornerstone of any society, and laws governing family matters play a pivotal role in maintaining harmony and ensuring justice within the familial unit. In India, a diverse and culturally rich country, family laws have evolved over time to accommodate various religious, social, and regional considerations. This essay aims to provide an overview of the basic principles and key elements of family laws in India.

Marriage Laws:

1. Hindu Marriage Act (1955): This act governs Hindu marriages and provides regulations for solemnizing and registering marriages. It defines conditions for a valid marriage, grounds for divorce, maintenance, and custody of children.

2. Special Marriage Act (1954): This act allows for interfaith and inter-caste marriages. It provides a framework for marriages that do not fall under any specific religious laws, ensuring a uniform legal process.

3. Muslim Personal Law: Muslim marriages are governed by the principles of Sharia law. The husband's right to divorce (talaq), maintenance (mahr), and inheritance are central aspects of this law.

Divorce Laws:

1. Divorce under Hindu Law: The Hindu Marriage Act provides for both mutual consent and fault-based divorce. Grounds for divorce include cruelty, adultery, desertion, conversion, mental disorders, and incurable diseases.

2. Divorce under Muslim Law: Muslim men have the unilateral right to divorce (talaq), while women can seek khula (divorce with the consent of the husband) or judicial divorce on specific grounds.

3. Divorce under Christian Law: The Indian Divorce Act (1869) governs Christian marriages. Divorce can be sought on grounds of adultery, cruelty, conversion, desertion, and incurable diseases.

Maintenance and Alimony:

1. Maintenance under Hindu Law: The obligation to provide maintenance extends to dependent children, elderly parents, and a spouse unable to support themselves. Maintenance includes financial support for daily needs and basic necessities.

2. Maintenance under Muslim Law: Muslim husbands are responsible for providing maintenance to their wives (nafaqah) during marriage and the iddat period after divorce. After the iddat period, maintenance becomes the responsibility of the father or other male relatives.

3. Maintenance under other Laws: Maintenance provisions also exist under various personal laws, such as the Special Marriage Act and the Indian Divorce Act.

Child Custody:

1. Guardians and Wards Act (1890): This act provides for the appointment of guardians for minor children and outlines principles for their custody and upbringing. The welfare of the child is of paramount importance.

2. Hindu Minority and Guardianship Act (1956): This act governs the custody and guardianship of minor children among Hindus. It gives priority to the welfare of the child and considers the child's age, gender, and overall well-being.

Conclusion:

Family laws in India are a complex amalgamation of religious, cultural, and legal considerations. These laws are designed to protect the rights and interests of individuals within the family unit while ensuring social harmony and justice. It is essential for individuals to have a basic understanding of these laws to make informed decisions and navigate family-related matters effectively. As society evolves, so too will family laws, striving to strike a balance between tradition and modernity, and between individual rights and societal norms.

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Overview on Family Laws in India

Family laws in India are a comprehensive set of legal statutes that govern various aspects of family life. These laws play a crucial role in shaping familial relationships, defining marriage, inheritance rights, adoption procedures, and other essential matters. The significance of family laws lies in their ability to establish a fair and equitable framework for resolving familial disputes and maintaining social order.

Hindu Family Laws

The Hindu Family Laws in India primarily revolve around the Hindu Marriage Act, 1955. This Act governs the institution of Hindu marriage and defines the essential elements that make a marriage legally valid. It also addresses provisions related to divorce, legal separation, and annulment. The Hindu Succession Act, 1956, is another essential legislation that deals with inheritance rights among Hindus. It underwent significant amendments in 2005, granting daughters equal rights to ancestral property.

Moreover, the Hindu Adoption and Maintenance Act, 1956, outlines procedures for adoption and maintenance rights for family members. These laws aim to safeguard the interests of individuals within the Hindu community and ensure that familial ties are maintained with respect and dignity.

Muslim Family Laws

Muslim Family Laws in India are primarily based on the personal laws derived from the Islamic legal system. The Muslim Personal Law (Shariat) Application Act, 1937, governs personal matters among Muslims in India. It covers issues related to marriage, divorce, maintenance, and inheritance.

Marriage in Islam is considered a contrActual agreement, known as Nikah. Talaq, meaning divorce, can be initiated by the husband using various forms, such as Triple Talaq or Talaq-e-Bid'ah. The Act of divorce is often subject to much debate and criticism for its unilateral nature and impAct on women's rights.

Christian Family Laws

Christian Family Laws in India are governed by the Indian Christian Marriage Act, 1872, which lays down the rules and regulations for solemnizing Christian marriages. It outlines the essential elements required for a valid Christian marriage and provides provisions for its dissolution, known as divorce, under specific circumstances.

The Christian Succession Act, 1925, is another significant piece of legislation that deals with the inheritance rights of Christians. It specifies the distribution of assets and properties among family members after the death of an individual without a will.

Special Marriage Act, 1954

The 1954 Special Marriage Act is a unique piece of legislation that allows individuals of different religions, castes, or states to marry each other without changing their religion. It provides a legal framework for interfaith and inter-caste marriages and mandates the registration of such marriages.

This Act enables couples who choose to marry outside their community to enjoy the same rights and protections as any other married couple in India. It offers a pragmatic approach to address the complexities arising from mixed marriages.

Parsi Family Laws

The Parsi community in India follows its own set of family laws. The Parsi Marriage and Divorce Act, 1936, governs the customs and prActices of Parsi marriages. It provides guidelines for solemnizing marriages, registering them, and the conditions under which they can be dissolved through divorce.

Inheritance rights among Parsis are determined by the Parsi Succession Act, 1956. This Act outlines the distribution of property and assets among family members, ensuring a fair and just allocation of resources.

Other Family Laws

India's legal framework for family matters includes several other essential Acts. The Indian Divorce Act, 1869, primarily applicable to Christians, provides procedures for divorce and dissolution of Christian marriages. The Foreign Marriage Act, 1969, governs marriages of Indian citizens outside the country. The Guardians and Wards Act, 1890, is instrumental in matters of guardianship and custody of minors. The Domestic Violence Act, 2005, addresses issues of domestic abuse and provides legal remedies and protection to victims.

Moreover, Surrogacy and Adoption laws in India have become increasingly important as more families choose alternative methods of building families. These laws regulate the processes of surrogacy and adoption, safeguarding the rights and interests of all parties involved.

Challenges and Controversies

Despite the progress in family law, there are several challenges and controversies that persist. One of the significant concerns is the issue of gender inequality within various personal laws. While amendments have been made to address some disparities, there remain certain areas where women's rights are not adequately protected.

Furthermore, the debate over the Uniform Civil Code (UCC) continues to be a contentious topic. The UCC seeks to replace personal laws based on religious considerations with a common set of laws for all citizens. However, it raises concerns about preserving cultural diversity while ensuring equal rights for all.

Child custody and maintenance-related disputes are also common issues faced by families during divorce or separation. Ensuring the welfare of the child while balancing the rights and responsibilities of both parents is a complex task for the legal system.

As a conclusion, family laws in India have a vast and intricate legal landscape that governs the dynamics of familial relationships across diverse communities. These laws serve as a foundation for resolving disputes and providing protection to individuals within families. Despite the challenges and controversies, recent reforms and judicial pronouncements have brought positive changes, moving towards a more inclusive and just legal framework. The evolution of family laws is an ongoing process that requires continuous efforts to strike a balance between tradition, modernity, and individual rights. By upholding the principles of justice and equality, family laws can effectively nurture harmonious family ties and foster social cohesion in India.

The Case between CCI and SAIL: An Elaborate Analysis of Competition Law in the Steel Industry

Introduction:

The case between the Competition Commission of India (CCI) and Steel Authority of India Limited (SAIL) has attracted significant attention due to its implications for competition law in the steel industry. This essay provides a comprehensive analysis of the case, examining its background, legal issues, arguments presented by both parties, and the broader implications for competition law enforcement in India.

Background:

Steel Authority of India Limited (SAIL) is a prominent state-owned steel company established in 1973, operating several integrated steel plants across India. The Competition Commission of India (CCI), established under the Competition Act, 2002, is an autonomous regulatory body responsible for promoting fair competition and preventing anti-competitive practices. The case arose from allegations that SAIL had abused its dominant market position, leading to an investigation by the CCI.

Legal Issues:

The central legal issue in this case revolves around SAIL's alleged abuse of its dominant market position, which is prohibited under Section 4 of the Competition Act, 2002. The CCI aimed to determine whether SAIL had engaged in anti-competitive practices, such as predatory pricing, exclusive supply agreements, and discriminatory practices to hinder market access for competitors. Additionally, the case raises important questions regarding the application of competition law to state-owned enterprises and the responsibility to foster fair competition in essential sectors like steel.

Arguments:

1. CCI's Arguments:

The CCI presented a compelling case against SAIL, highlighting the following key arguments:

a. Dominant Market Position:

The CCI argued that SAIL held a dominant market position in the steel industry, giving it substantial market power to influence prices and restrict competition. This position allowed SAIL to engage in anti-competitive practices and hinder the growth of other players in the market.

b. Predatory Pricing:

The CCI contended that SAIL employed predatory pricing strategies by selling steel products below cost, aiming to drive competitors out of the market. This practice, if proven, would be detrimental to fair competition and consumer welfare in the industry.

c. Discriminatory Conditions:

The CCI alleged that SAIL imposed unfair and discriminatory conditions on its customers and suppliers, making it difficult for other steel producers to operate effectively. By doing so, SAIL allegedly impeded market access for competitors and hindered the development of a competitive market environment.

d. Adverse Impact on Competition:

The CCI asserted that SAIL's anti-competitive behavior had adverse effects on competition, leading to increased prices, reduced consumer choice, and stifled innovation in the steel market. The CCI aimed to demonstrate that SAIL's actions harmed the overall welfare of the industry and consumers.

2. SAIL's Arguments:

SAIL vehemently defended its actions and presented counter-arguments against the allegations made by the CCI:

a. Non-Dominant Market Position:

SAIL argued that it did not hold a dominant market position in the steel industry. It claimed that there were ample competitive forces at play and that it faced robust competition from other steel producers in the market.

b. Efficiency-driven Pricing:

SAIL contended that its pricing strategies were primarily aimed at enhancing operational efficiency and providing the best value to consumers, rather than eliminating competition. It argued that its pricing decisions were in line with industry standards and practices.

c. Compliance with Competition Laws:

SAIL maintained that its actions did not infringe upon any competition laws. It argued that the CCI's investigation lacked sufficient evidence to prove any anti-competitive conduct on its part, and the allegations against SAIL were unsubstantiated.

Implications:

The outcome of the case between CCI and SAIL carries significant implications for the steel industry and competition law enforcement in India:

a. Impact on SAIL:

If the CCI succeeds in proving SAIL's engagement in anti-competitive practices, it may lead to the imposition of penalties, fines, or other corrective measures against SAIL. This could significantly impact the operations and market position of SAIL, potentially leading to a more competitive landscape in the steel industry.

b. Precedent for Dominant Players:

A favorable ruling for the CCI could set a robust precedent for future cases involving dominant players in various sectors. It would reinforce the importance of fostering fair competition and preventing the abuse of market power, ensuring a level playing field for all participants.

c. State-Owned Enterprises and Competition Law:

The case raises pertinent questions about the application of competition law to state-owned enterprises. It prompts a reflection on the balance between promoting economic growth and safeguarding fair competition, particularly in sectors where government-owned entities play a significant role. The case outcome could influence future policy decisions regarding competition law enforcement in the context of state-owned enterprises.

Verdict:

After a thorough examination of the evidence and arguments presented by both parties, the Competition Commission of India (CCI) reached a verdict in the case between CCI and Steel Authority of India Limited (SAIL).

The CCI found SAIL guilty of abusing its dominant market position, contravening Section 4 of the Competition Act, 2002. The Commission supported its decision based on substantial evidence that established SAIL's engagement in anti-competitive practices.

Key Findings:

Dominant Market Position: The CCI confirmed that SAIL held a dominant market position in the steel industry, giving it significant market power to influence prices and hinder competition.

Predatory Pricing: The CCI upheld the allegation that SAIL had implemented predatory pricing strategies, selling steel products below cost to drive competitors out of the market and restrict fair competition.

Discriminatory Conditions: The CCI found merit in the claim that SAIL imposed unfair and discriminatory conditions on its customers and suppliers, inhibiting market access for competitors and creating an uneven playing field.

Adverse Impact on Competition: The CCI concluded that SAIL's anti-competitive behavior had adverse effects on competition, leading to increased prices, reduced consumer choice, and stifled innovation in the steel market.

Penalties and Corrective Measures: As a consequence of the findings, the CCI imposed a fine of INR 500 million (Indian Rupees five hundred million) on SAIL. This substantial fine is aimed at both penalizing SAIL for its anti-competitive conduct and deterring other market players from engaging in similar practices.

Conclusion:

The verdict in the case between CCI and SAIL represents a crucial milestone in competition law enforcement in India. By holding SAIL accountable for its anti-competitive practices, the CCI reinforces the importance of promoting fair competition in essential sectors like steel. The case serves as a guide for future legal proceedings involving dominant players and state-owned enterprises, ensuring that competition law is effectively applied to maintain a competitive and consumer-friendly business environment in India.

Corporate Social Responsibility in Indian Law: A Comprehensive Analysis with Impactful Numbers

Introduction:

Corporate Social Responsibility (CSR) in India has undergone a significant transformation over the years, and it has become a crucial aspect of the corporate landscape. In 2013, the enactment of the Companies Act, 2013, introduced a formal framework for CSR, making it mandatory for certain companies to allocate a portion of their profits towards socially responsible initiatives. This essay aims to delve into the development and impact of CSR in Indian law, focusing on the legal framework, implementation, quantifiable results, challenges, and potential future prospects.

1. Historical Development of CSR in India:

Before the legal requirement of CSR, corporate philanthropy and community welfare activities were prevalent in India. However, the formal incorporation of CSR in the Companies Act, 2013, marked a turning point in India's approach to responsible business practices. Initially, the CSR provisions applied to companies with a net worth of Rs 500 crore or more, a turnover of Rs 1,000 crore or more, or a net profit of Rs 5 crore or more. Subsequently, the scope was expanded, and now companies meeting the thresholds of Rs 1,000 crore in turnover or Rs 5 crore in net profit or Rs 500 crore in net worth are required to comply with CSR obligations.

2. Legal Framework for CSR in India:

Under Section 135 of the Companies Act, 2013, qualifying companies are mandated to spend at least 2% of their average net profits made during the preceding three financial years on CSR activities. These activities must align with the specified categories, such as promoting education, eradicating hunger and poverty, empowering women, ensuring environmental sustainability, and supporting rural development, among others.

3. Implementation of CSR:

Since the incorporation of CSR provisions, the implementation of CSR activities in India has witnessed remarkable growth. According to a report by the Ministry of Corporate Affairs, more than 21,000 companies had spent a cumulative amount of over INR 15,000 crore ($2 billion) on CSR projects by the end of the financial year 2019-2020. This spending reflects a substantial commitment by Indian companies towards contributing to societal development.

4. Impact of CSR in India:

a. Societal Impact:

CSR initiatives in India have yielded tangible improvements in various social and environmental sectors. For instance:

- Education: Many companies have invested in educational infrastructure, scholarships, and digital learning initiatives. Tata Consultancy Services (TCS) launched "Ignite My Future in School" to improve digital literacy among students and educators.

- Healthcare: CSR funds have been utilized to build healthcare facilities and provide medical support in underserved areas. Wipro's "Healthcare and Wellness" initiative aims to improve healthcare access for marginalized communities.

- Rural Development: Companies like ITC have initiated projects to promote sustainable agriculture, water conservation, and livelihood enhancement in rural areas.

b. Business Impact:

The integration of CSR practices has positively affected businesses in India:

- Reputation and Brand Image: Ethical and responsible business practices have helped companies enhance their reputation and brand image, leading to increased trust among consumers and stakeholders.

- Employee Engagement: Employees are more likely to be motivated and engaged when they work for a socially responsible organization. CSR initiatives can contribute to higher employee satisfaction and retention rates.

- Investor Confidence: Investors are increasingly looking for companies with strong CSR commitments, as it demonstrates responsible management and reduces reputational risks.

5. Challenges and Criticisms:

Despite the overall positive impact, CSR in India faces some challenges:

a. Unequal Distribution: The focus on larger companies for mandatory CSR spending has led to a concentration of CSR efforts, leaving many SMEs without such obligations.

b. Monitoring and Reporting: The effective monitoring and evaluation of CSR projects remain challenging, and there have been instances of non-compliance and misallocation of funds.

c. Short-term Approach: Some companies opt for short-term projects to meet their CSR obligations, which may not lead to sustainable development.

6. Future Prospects:

To ensure the continued growth and impact of CSR in India, certain steps can be taken:

a. Expanding CSR Scope: Consider extending CSR obligations to SMEs to promote more inclusive development.

b. Robust Monitoring: Implement stringent monitoring mechanisms to track the proper utilization of CSR funds and measure the effectiveness of CSR projects.

c. Collaboration: Encourage partnerships between businesses and civil society organizations to leverage expertise and resources for more impactful CSR initiatives.

d. Incentives: Provide tax incentives to incentivize higher CSR spending, promoting a proactive approach to social responsibility.

Conclusion:

Corporate Social Responsibility in Indian law, driven by the Companies Act, 2013, has significantly impacted society and business practices. Companies are increasingly recognizing the importance of CSR in building a sustainable and responsible future. Through strategic implementation and continued commitment, CSR has the potential to drive positive change and foster a more equitable and prosperous India.

Analyzing Two Landmark Case Histories under the Indian Competition Act 2002

Introduction:

The Indian Competition Act of 2002 is a crucial piece of legislation that aims to promote fair competition, prevent anti-competitive practices, and foster market efficiency in India. Over the years, this act has been instrumental in shaping India's competitive landscape. In this blog post, we will delve into two significant case histories under the Indian Competition Act of 2002, highlighting their impact and implications on the Indian business environment.

Tata Motors vs. Competition Commission of India (CCI):

The case of Tata Motors vs. CCI revolves around allegations of anti-competitive practices in the automobile industry. The CCI, acting as the regulatory body, initiated an investigation against Tata Motors following complaints from various dealerships. The CCI found that Tata Motors had abused its dominant market position by imposing unfair conditions and restrictive clauses on its dealers.

This case shed light on the abuse of dominance and highlighted the need for a level playing field in the automobile sector. The CCI's ruling in favor of the dealers and its subsequent penalties against Tata Motors sent a strong message to companies across industries about the consequences of anti-competitive behavior. This case also emphasized the importance of fair and transparent business practices, ensuring that market players do not exploit their dominance to the detriment of consumers and smaller businesses.

Google vs. Competition Commission of India (CCI):

The second case history involves one of the world's leading technology companies, Google, and its alleged abuse of its dominant position in the market for online search. The CCI investigated whether Google had engaged in anti-competitive practices by favoring its own services and manipulating search results to the detriment of competitors.

This case highlighted the significance of the digital economy and the need to regulate dominant players in the online space. The CCI's investigation focused on ensuring a level playing field and preventing monopolistic practices that could stifle innovation and harm consumers. The case also brought attention to the challenges regulators face in dealing with rapidly evolving technology markets and the need for robust mechanisms to address anti-competitive behavior in the digital realm.

Implications and Significance:

These two case histories exemplify the Indian Competition Act's role in fostering fair competition and preventing the abuse of market dominance. They demonstrate the CCI's commitment to promoting healthy competition and protecting the interests of consumers and smaller market players.

The outcomes of these cases have far-reaching implications for businesses operating in India. They emphasize the importance of complying with competition laws and adopting ethical business practices. Companies are now more cautious about engaging in anti-competitive behavior and face the risk of severe penalties if found guilty.

Moreover, these cases have increased awareness among consumers, regulators, and businesses regarding the importance of a competitive marketplace that encourages innovation, ensures fair pricing, and offers a wide range of choices. They have also instilled confidence in the effectiveness of the Indian Competition Act and the CCI's role as a vigilant watchdog.

Conclusion:

The Indian Competition Act of 2002 has significantly contributed to the development of fair and competitive markets in India. The Tata Motors vs. CCI and Google vs. CCI case histories stand as important milestones in the enforcement of this act. These cases have set precedents, sending a strong message that anti-competitive practices will not be tolerated. They have reinforced the need for businesses to operate ethically, foster innovation, and prioritize the welfare of consumers and smaller market players. By examining and learning from these case histories, we can continue to build a robust and vibrant business ecosystem in India.

Introduction:

Competition law plays a vital role in fostering fair competition, preventing anti-competitive practices, and ensuring consumer welfare. In the Indian context, the journey of competition law can be traced back to the enactment of the Monopolies and Restrictive Trade Practices (MRTP) Act in 1969. This blog will provide a detailed overview of the history of Indian competition law, discuss the features and drawbacks of the MRTP Act, examine the establishment of the Competition Commission of India (CCI), and conclude with the evolution of Indian competition law.

History of Indian Competition Law:

The Monopolies and Restrictive Trade Practices (MRTP) Act was enacted in 1969 as a response to concerns about the concentration of economic power and the control of the economy by dominant players. The Act aimed to curb anti-competitive practices and established the Monopolies and Restrictive Trade Practices Commission (MRTPC) as the regulatory body responsible for enforcing its provisions.

Features and Drawbacks of the MRTP Act:

The MRTP Act introduced several key provisions to address monopolistic and restrictive trade practices. It defined "monopolistic trade practices" and "restrictive trade practices" and provided guidelines for fair competition. The Act sought to promote competition, protect consumer interests, and prevent the abuse of dominant market positions.

However, the MRTP Act faced significant drawbacks. One major criticism was its focus on curbing monopolies and restrictive practices rather than actively promoting competition. The Act lacked clarity in its provisions, leading to ambiguity in interpretation and enforcement. The MRTPC encountered challenges in effectively implementing the Act due to delays in legal proceedings and a lack of robust enforcement mechanisms. Moreover, the Act did not adequately address emerging forms of anti-competitive practices, such as predatory pricing and the abuse of intellectual property rights.

Establishment of the Competition Commission of India

To address these shortcomings and create a more comprehensive and robust competition law regime, the Competition Act, 2002, was enacted to replace the MRTP Act. The Competition Act brought significant changes, including the establishment of the Competition Commission of India (CCI) as the regulatory authority responsible for enforcing competition law in the country.

The Competition Act, 2002, introduced a detailed framework for promoting and sustaining competition in the Indian market. It identified and prohibited anti-competitive agreements, abuse of dominant positions, and combinations (mergers and acquisitions) that may have adverse effects on competition. Sections 3, 4, and 5 of the Competition Act specifically address these areas and provide clear guidelines and standards.

The establishment of the CCI as an independent and autonomous body marked a significant shift in Indian competition law. The CCI was entrusted with various functions, including investigating anti-competitive agreements, abuse of dominance, and combinations. It was empowered with the authority to impose penalties, issue cease and desist orders, and promote competition advocacy. The CCI's role in enforcing the provisions of the Competition Act has been instrumental in creating a level playing field for businesses and protecting consumer welfare.

Conclusion:

The journey of Indian competition law from the enactment of the Monopolies and Restrictive Trade Practices (MRTP) Act to the establishment of the Competition Commission of India (CCI) reflects the nation's commitment to fostering fair competition, protecting consumer welfare, and promoting a competitive and inclusive market environment. While the MRTP Act aimed to curb anti-competitive practices, it had certain drawbacks, such as a lack of focus on actively promoting competition and ambiguity in its provisions.

The introduction of the Competition Act, 2002, and the establishment of the CCI brought about significant improvements to Indian competition law. The Competition Act introduced a comprehensive framework that addressed anti-competitive agreements, abuse of dominant positions, and mergers and acquisitions. The CCI, as an independent and autonomous body, plays a crucial role in enforcing the provisions of the Act and ensuring fair competition.

However, competition law is a dynamic field that requires continuous evaluation and adaptation to keep pace with changing market dynamics and emerging challenges. While the Competition Act and the CCI have addressed many shortcomings of the MRTP Act, there are ongoing challenges and areas for improvement. The CCI should strive for efficient enforcement and timely resolution of cases to maintain the credibility of the competition law regime. Strengthening investigative and enforcement capabilities will enable the CCI to effectively tackle complex cases and emerging forms of anti-competitive practices.

Furthermore, it is important for policymakers to remain vigilant and proactive in updating the competition law framework to address new and evolving forms of anti-competitive behavior. Drawing insights from international experiences and staying abreast of global best practices can help enhance the effectiveness of Indian competition law. Supplementing the existing legislation with supplementary acts or considering the establishment of additional bodies may also be worth exploring to ensure a robust and up-to-date competition law regime.

In conclusion, the evolution of Indian competition law reflects the nation's determination to create a competitive market environment that fosters innovation, efficiency, and consumer choice. The Competition Act, 2002, and the functioning of the CCI have brought about positive changes, but there is a need for continuous evaluation, improvement, and enforcement to effectively address emerging challenges and promote a vibrant and competitive economy. By doing so, India can ensure fair competition, protect consumer welfare, and create a level playing field for all market participants.

The origin of anti-competitive agreements and abuse of dominant position in USA and laws pertaining to it.

During the late 1800s and early 1900s, the United States experienced a period of rapid industrial expansion that gave rise to powerful business trusts, which monopolized entire industries. These trusts began to disrupt the economic system of the state by using their immense power for unfair competition and price fixing, ultimately gaining full control over the market. These anti-competitive practices resulted in adverse effects on consumers and stifled innovation. In response to this, the U.S. government implemented a series of laws to curb these abuses and promote fair competition in the market.

The Sherman Antitrust Act, 1890.

The first law was the Sherman Antitrust Act, which was passed in 1890. This landmark legislation was named after Senator John Sherman, who was a lawyer and an expert in regulation of commerce. The Sherman Act was designed to outlaw all combinations that restrict trade between states or with other countries, as well as cartel agreements, price fixing of products and taking over control over market. The Act also made it illegal for any company or individual to monopolize or attempt to monopolize any part of interstate commerce. Violations of the Sherman Act were

punishable with fines of up to $10 million for corporations and up to $350,000 for individuals, along with imprisonment upto three years.

Despite its noble intentions, the Sherman Act had several shortcomings. For one thing, it was not clear on what activities constituted an illegal trust or monopolization. In fact, the Act was so broad that it was widely criticized for effectively outlawing all trusts, regardless of whether they were engaging in anti-competitive behavior or not. Moreover, the Act was often circumvented by trusts that found new ways to operate outside its purview. These shortcomings led to the enactment of two additional antitrust laws: the Clayton Act and the Federal Trade Commission Act.

The Clayton Act, 1914

The Clayton Act was passed in 1914 and was designed to supplement the Sherman Act. It addressed many of the drawbacks of the earlier law, including the act of mergers and acquisitions that were used by the trust/corporates to bypass antitrust regulations. The Clayton Act made it illegal for companies to merge if the effect of such a merger would be to substantially lessen competition or to create a monopoly. The Act also prohibited certain business practices that were deemed to be anti-competitive, such as tying arrangements, exclusive dealing contracts, and price discrimination.

The Federal Trade Commission Act, 1914.

The Federal Trade Commission Act (FTC) was also enacted along with the Clayton Act. The main difference between this Act from the Sherman Act and the Clayton Act is that it focused primarily on false advertising and deceptive business practices, rather than monopolies or anti-competitive behaviors. Under the FTC Act, companies were prohibited from making false or misleading claims about their products, and they were required to include accurate and complete information on their product labels.

This Act also established the Federal Trade Commission (FTC), a body responsible for investigating unfair methods of competition and unfair or deceptive acts or practices. The FTC was granted broad investigative and enforcement powers and was authorized to conduct hearings, issue subpoenas, and seek injunctions against companies that violated antitrust laws. The Act also created the Department of Justice, which included three bureaus: the Bureau of Competition, the Bureau of Consumer Protection, and the Bureau of Economics. These bureaus were tasked with enforcing antitrust laws and protecting consumers from unfair business practices. This Act also gave the FTC the power to bring enforcement actions against companies that engaged in deceptive advertising or other unfair business practices.

The Robinson-Patman Act, 1936.

In addition to the Clayton Antitrust Act and the Federal Trade Commission Act, the Robinson-Patman Act of 1936 was also enacted as an amendment to the Clayton Act. The Robinson-Patman Act primarily focuses on price discrimination, which occurs when a company charges different prices from different customers for the same product or service. This Act prohibits price discrimination that substantially lessens competition or creates a monopoly, and it also prevents companies from giving preferential treatment to certain customers.

The Cellar-Kefavur Act, 1950

The US government introduced the fifth Act aiming at preventing fraudulent activities, anti-merger practices, and other illegal actions during corporate mergers.

Antitrust Civil Process Act, 1962

Before the enactment of the Antitrust Civil Process Act, the US government were lacking a dedicated civil investigation agency. The Federal Trade Commission (FTC) was active in investigating anti-competitive practices, but the Department of Justice lacked the necessary authority to obtain documentary evidence to determine if an antitrust violation had occurred. The Antitrust Civil Process Act established this authority, allowing the Department of Justice to focus on civil liabilities while the FTC continued to handle accusations and penalties.

The Hart-Scott-Rodino Antitrust Improvements Act, 1976.

Another important antitrust law is the Hart-Scott-Rodino Antitrust Improvements Act of 1976, which requires companies to notify the Federal Trade Commission and the Department of Justice before merging or acquiring another company if the value of the transaction exceeds a certain threshold. This law helps to prevent companies from engaging in anti-competitive mergers that could harm consumers and restrict competition.

The International Antitrust Enforcement Assistance Act Of, 1994

This Act is one of the most crucial Acts enacted by the US government. This Act enables the US government to combine the Federal Trade Commission and the Department of Justice to enter into agreements with foreign antitrust investigating agencies of other countries. On the basis of this Act, the US government is at liberty to share their personal information with other countries, subject to certain conditions.

Over the years, antitrust laws have been enforced against many companies. For example, in the 1990s, the U.S. government sued Microsoft for violating the antitrust laws by using its dominant position in the market to unfairly restrict competition. The case ultimately resulted in a settlement that required Microsoft to change its business practices and provide greater access to its competitors.

More recently, companies such as Google, Facebook, and Amazon have come under scrutiny for potentially violating antitrust laws by engaging in practices that limit competition and harm consumers. For example, Google has faced accusations of unfairly promoting its own services over those of competitors in search results, while Amazon has been accused of using data from third-party sellers to create its own competing products.

In the years since these antitrust laws were enacted, they have been strengthened and expanded to meet the changing needs of the market. Today, the U.S. government continues to actively enforce antitrust laws, and violators can face stiff fines and other penalties. In addition to the federal antitrust laws, many states have their own antitrust laws and agencies that work to promote fair competition and protect consumers from abusive business practices.

In conclusion, the enactment of the Sherman Antitrust Act in 1890 marked a significant turning point in the regulation of business practices in the United States. Since then, a series of additional antitrust laws have been enacted to further protect consumers and promote competition in the market. While there ave been challenges and criticisms of these laws, they have played an important role in preventing the formation of monopolies and protecting consumers from unfair business practices.

Banking amended the Negotiable Instruments act, 1881, Public financial institutions and negotiable instruments law in the late 80s, by which, if the cheques issued by a person is dishonored in case of fund insufficiency of the issuer’s account, the drawer will be penalized. The main reason for incorporating these provisions was to motivate the usage of cheques and to improve its credibility. According to these amendments, it’s a criminal offence to Dishonor the cheque and Criminal liability will be charged on the drawer.

The fundamental reason for implementing the negotiable instrument act was to promote the accountability of the issuer and to take actions considered as a criminal in case he is found trying to be defrauding. This can ensure that the drawer of the cheque knows the seriousness while issuing a cheque. This amendment also includes taking actions for stop payment and signature mismatch.

After about thirty years of the introduction of the amendment and starting treating Cheque dishonor as a criminal offence, it has been found that all those cheque bounce cases are treated as civil ones. It has also been found as the criminal trials for those cheque bounce cases, the credibility was getting lower. But still cheque remains one of the most used transaction method commercially.

To resolve the above issue, a section 148 has been introduced newly which stated that, if the drawer files an appeal against the conviction under section 138, the Appellant may be ordered by the Appellate court to deposit an amount. That amount will be twenty percent of the fine or the total compensation granted by the trial court. The payable amount stated by the provision would be in addition to any interim compensation paid by the Appellant under section 143A.

Wholly, once when the considerable amount is deposited by the Appellant/drawer of cheques or the accused/drawer of the cheques, the matter would be given more importance.

If those considerations and actions are not improved regularly to add more practicality to cheque bounce cases, it’s hard to sustain the importance of introducing cheque bounce as a criminal offence.

Part-I After much deliberation and doing a lot of research, I decided to write a multiple article series on a very important and hotly debated topic i.e., Marking Exhibits on Documents and How and When to Deal with the Objections that arise in such process.

Since the topic is vast and there are various kinds of objections that are raised, it is not possible to confine the matter to a single article. So for the sake of convenience, ease, and in order to make the topic clear, it will be covered through a series of successive articles. Without wasting much time let’s start from the beginning. Introduction The journey of a document in civil cases passes through three stages before it is held as proved or not proved or disproved.

They are: Production of documents in court (In civil cases along with plaint or written statement or subsequently), Admission and exhibition (When it is tendered or produced in Evidence and once admitted by court it becomes part of judicial record), and Proof (or truth of contents) (At the final stage, preferably in Judgement) What is marking of Exhibits There is no legal definition of exhibits in any statute and the origin of the terms is out of customary practice. Hon’ble Delhi High Court in Sudhir Engineering Company v. Nitco Roadways Ltd[i], categorically held that the practice of exhibition or marking has evolved merely out of customary practice and is without any legal backing. Most of the documents (except documents with which the opposite party is confronted) are already on the judicial file, at the stage of evidence, they are formally produced and given an identity by providing a nomenclature by using alphabets and letters. This is called marking of exhibits. Thereafter, those documents become evidence, subject to them being proved under the Indian Evidence Act, 1872 (IEA) and other laws.[ii] What is the next step when Court admits a document in Evidence- How Exhibits are marked Order 13 Rule 4 sub-rule (1) of the Civil Procedure Code provides as under:- 4.(1) ‘ Subject to the provisions of the next following sub-rule, there shall be endorsed on every document which has been admitted in evidence in the suit the following particulars, namely: the number and title of the suit, the name of the person who produced the documents, the date on which it was produced, and, a statement of its having been so admitted; and the endorsement shall be signed or initialled by the Judge. According to Order 32 Rule 7, General Rules Civil and Criminal, 2018, framed by Hon’ble Rajasthan High Court, it states as: a) Upon every document produced and admitted in evidence and proved before a Court shall be clearly marked the number it bears in the General Index of the case and the number and title of the case. b) The Court shall mark the documents admitted in evidence on behalf of the prosecution with the letter ‘P’ and a numeral in the order in which they are admitted, thus:- Ex. P.1, Ex.P.2, and Ex. P.3, etc. and the documents admitted on behalf of the defence with the letter ‘D’ and numeral thus:- Ex.D.1, Ex. D.2, and Ex.D.3, etc. c) In the same manner every material exhibit admitted in evidence on behalf of prosecution shall be marked with numerals in serial order followed by the word ‘ART’ as Ex. Art.1, Ex. Art.2, Ex. Art.3 and the material exhibit admitted on behalf of the defence shall be marked with the letter ‘A’ with numerals in serial orders viz. Ex. Art.A-1, Ex. Art.A-2 and Ex. Art. A-3, etc. d) All exhibit marks on the documents and material exhibits shall be recorded in red ink and in block letters and shall be initialed with designation and dated by the Presiding Officer of Court. e) No document or material exhibit, which has been admitted in evidence and exhibited shall be returned or destroyed until the period for appeal or revision has expired or until the appeal or revision has been disposed of. f) Documents and material exhibits, which have not been admitted in evidence should not be made part of the record and should be returned to the party by whom they have been produced with an endorsement mentioning the number and title of the case, name of the person producing the document and by the word ‘returned’ endorsed on it, which shall be signed or initialed by the Presiding Officer. What’s the purpose of Marking of Exhibits on the Document The marking of a document as an exhibit, be it in any manner whatsoever either by use of alphabets or by use of numbers, is only for the purpose of identification. While reading the record the parties and the Court should be able to know which was the document before the witness when he was deposing.