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40 Important Judgments that Transformed India

Last updated on September 23, 2022 by Alex Andrews George

Important judgments that transformed India - 9355321295

The way democracy now functions in India owes a lot to many Supreme Court judgments .

It is quite interesting to learn how the Supreme Court judgments protected the essence of the Indian Constitution, strengthened democracy, and transformed the lives of ordinary citizens of India.

The book “ Important Judgments that transformed India ” presents an easy understanding of the landmark court cases that everyone needs to know about.

Table of Contents

40 Important Judgments that Transformed India: List of Cases

Romesh Thappar v. State of Madras (1950)
State of Madras v. Smt. Champakam Dorairajan (1951)
K. M. Nanavati v. State of Maharashtra (1959)
Berubari Union v. Unknown (1960)
Kedarnath Singh v. State of Bihar (1962)
I. C. Golaknath and Others v. State of Punjab and Another (1967)
Keshavananda Bharati Sripadagalvaru v. State of Kerala (1973)
ADM, Jabalpur v. Shivkant Shukla (1976)
Maneka Gandhi v. Union of India (1978)
Bachan Singh v. State of Punjab (1980)
Minerva Mills Ltd v. Union of India (1980)
Mohd. Ahmad Khan v. Shah Bano Begum and others (1985)
Dr. D. C. Wadhwa and others v. State of Bihar and others (1986)
M. C. Mehta v. Union of India and others (1986)
Mohini Jain v. State of Karnataka (1989)
Indira Sawhney and others v. Union of India (1992)
S. R. Bommai v. Union of India (1994)
L. Chandra Kumar v. Union of India (1997)
Vishakha and others v. State of Rajasthan (1997)
Vineet Narain and others v. Union of India (1997)
Three Judges Cases (1981, 1993, 1998)
Prakash Singh and others v. Union of India and others (2006)
M. Nagaraj and others v. Union of India (2006)
Lily Thomas v. Union of India and others (2013)
T. S. R. Subramanian and others v. Union of India and others (2013)
National Legal Services Authority v. Union of India (2014)
Shreya Singhal v. Union of India (2015)
Shayara Bano v. Union of India and others (2016)
Justice K. S. Puttaswamy (Retd.) and another v. Union of India and others (2017)
Indian Young Lawyers Association v. the State of Kerala (2018)
Joseph Shine v. Union of India (2018)
Navtej Singh Johar and others v. Union of India (2018)
Anuradha Bhasin v. Union of India and others (2020)
Rambabu Singh Thakur v. Sunil Arora and others (2020)
Internet and Mobile Association of India v. Reserve Bank of India (2020)
Laxmibai Chandaragi and another v. State of Karnataka and others (2021)
Mohammad Salimullah and another v. Union of India and others (2021)
Farzana Batool v. Union of India and others (2021)
Kerala Union of Working Journalists v. Union of India and others (2021)
Barun Chandra Thakur v. Master Bholu and another (2022)

100+ Landmark Supreme Court Judgments in Brief

This book includes a lot of additional judgments. The summary of 100+ landmark Supreme Court judgments is given in table format for quick learning and revision.

Some of the other cases included in this book include:

AK Gopalan Vs State of Madras (1950)
State of Madras Vs Smt. Champakam Dorairajan (1951)
Shankari Prasad Vs Union of India (1951)
M. P. Sharma And Others Vs Satish Chandra (1954)
Kharak Singh Vs The State Of U.P. & Others (1962)
Sajjan Singh Vs State of Rajasthan (1965)
Hussainara Khatoon & Ors Vs Home Secretary, State Of Bihar (1979)
S.P. Gupta vs. President of India and others (1981)
Indian Express Newspapers Vs Union Of India & Ors (1984)
T.M.A. Pai Foundation & Ors Vs State Of Karnataka & Ors (2002)
Jaya Bachchan Vs Union of India And Ors (2006)
Independent Thought Vs Union Of India (2017)
Common Cause (A Regd. Society) Vs Union of India (2018)
Shakti Vahini Vs Union Of India (2018)

Famous Cases that made news headlines

The book also covers the summary of many famous cases that were constantly in news. Some of these include:

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Union Carbide Corporation vs Union of India: The Bhopal Gas Tragedy Case (1989)
I.R.Coelho vs the State of Tamil Nadu and Others: The I. R. Coelho Case (2007)
People’s Union for Civil Liberties (PUCL) vs Union of India: The Nota Case (2013):
Manoharl Lal Sharma vs Narendra Damodardas Modi: The Rafale Case (2018)
M Siddiq vs Mahant Suresh Das: The Ayodhya Case (2019)

Cases Laws: Conflict Areas vs Judgments

In exams, reverse thinking is also tested. That means with respect to a particular topic, you may need to mention all related case laws.

For example, in UPSC CSE Mains 2022 , the Commission had asked to mention case laws connected with Environment. In another question, UPSC asked to write case laws connected with the Representation of People’s Act.

The Important Judgments that transformed India (IJTTI) book includes special tables which compile such case laws. This will be extremely useful in UPSC/Law exams.

Appendices in the book Important Judgments that Transformed India 2nd Edition

Appendix-1: 100+ Landmark Supreme Court Judgments in Brief
Appendix-2: Famous Cases that made news headlines
Appendix-3: Conflict Areas v. Judgments
Appendix-4: Mindmaps Which Help You Understand the Indian Polity
Appendix-5: Indian Judicial Doctrines – Principles of Constitutional Law Explained
Appendix-6: Common Legal Terms
Appendix-7: Previous Years’ Solved UPSC CSE (Prelims) Questions
Appendix-8: Previous Years’ Solved UPSC CSE (Mains) Questions

Salient Features of the Important Judgments that Transformed India 2 Edition

A detailed overview of 40 landmark Supreme Court judgments.
An additional compilation of 100+ Supreme Court judgments with respect to the main area of conflict.
The complicated legal context behind various Supreme Court cases is made simple and easy to understand.
Each chapter is divided into introduction, background, arguments, judgment, importance and impact.

Special Attractions of the 2nd Edition of IJTTI

A lot of value-added content to make your answers stand out.
Each chapter starts with thought-provoking questions to understand the case’s significance.
Learn from easy-to-understand tables and mindmaps.
Master Judicial Doctrines and Judicial Terms.
Revise UPSC Civil Services Preliminary and Main Examination Previous Year Questions and Answers from the topic.

Book Details

Author: Alex Andrews George
Publisher: ‎ McGraw Hill
Language: ‎ English
Paperback: ‎ 320 pages
ISBN-10‏: ‎ 9355321295
ISBN-13: ‎ 9789355321299

Buy Important Judgments that Transformed India – 2nd Edition

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About Alex Andrews George

Alex Andrews George is a mentor, author, and social entrepreneur. Alex is the founder of ClearIAS and one of the expert Civil Service Exam Trainers in India.

He is the author of many best-seller books like 'Important Judgments that transformed India' and 'Important Acts that transformed India'.

A trusted mentor and pioneer in online training , Alex's guidance, strategies, study-materials, and mock-exams have helped many aspirants to become IAS, IPS, and IFS officers.

Reader Interactions

September 14, 2023 at 12:41 pm

Thank you sharing an Amazing Content.

March 9, 2024 at 11:43 am

sir hindi me milegi kya ye book

July 4, 2024 at 9:48 pm

Sir, Domestic Violence, Hindu Marriage, Separation, Divorce, Cruelty, all fields related in depth knowledge with landmark judgements and clarification milega keya koi book main?

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The Law Blog

A peer-reviewed blog on Law and Society

5 Interesting Law Case Studies: A takeaway of knowledge for students

For Indians, it is a common phenomenon to undermine the judicial system and mock the professionals by saying they don’t do any work. But is it really true?

In the year 2014, the Delhi high court granted a divorce to an 85-year old man after a waiting period of 32 years. This, in turn, shattered all hopes of resuming his married life. There are almost 27 million cases that are pending in the Indian courts while they remain short of around 5000 judges.

The story that I mentioned in the beginning is something that the High Court and Supreme Court judges are facing every day. It’s almost like a bubble breaker for a common man. As a child, there have been innumerable instances where I overheard ‘men in my family’ talk about the legal scenarios and judiciary system of India. Most of the times, it started and ended with the same thing ‘ the judges in our country don’t do any work ’. It’s easy to say so, but how would we know the reality behind the harsh truth?

Judges, lawyers and the entire judiciary system is working extremely hard to ensure they clear the backlog. They are unable to do so, not because they don’t want to, but because there is a shortage of resources.

In fact, there are a number of law case studies which are extremely long and have a lot of knowledge about law. For example, the Nirbhaya judgement sheet is around 429 pages long which explains the reason it takes a particular case so long.

Here are 5 Interesting Law Case Studies which is a great knowledge takeaway for the students of today :

Tarakeswar Case (1874)

The popularity of the case is understandable from the fact that authorities had to sell tickets at the entry. The case revolves around Nobin Chandra and his wife Elokeshi. Nobin slit his wife’s throat for allegedly having an affair with the chief priest of Tarakeshwar Temple . Nobin confessed his crime to the police, but the locals were mostly on his side. Due to this, Nobin was released after two years while serving life imprisonment. However, the priest was put behind the bars for three years. In fact, there were rumours doing rounds that the priest had raped Elokeshi by promising to help her with “ fertility issues ”. This case was even more important due to the ‘ British Raj ’ prevalent during that time.

Bhawal Case (1921-1946)

One of the most peculiar identity cases of that time, it revolves around a possible pretender who affirmed to be the prince of Bhawal Estate , largest zamindari estate of Bengal.

Ramendra , a kumar of Bhawal estate died in early 1900, but there was tittle-tattle among people that he was not really dead. In 1921, a religious man who looked like Ramendra was spotted in Dhaka. The former tenants and farmers of Ramendra supported his claim to the title. The entire village trusted him except Ramendra’s widow, Bibhabati . After a long legal procedure of 25 years , the court ruled in his favor after which he passed away due to a stroke.

The interesting thing is that during the case, the look-alike (or whatever) also moved to Calcutta and even collected 1/3 rd of the estate revenue.

Kiranjit Ahluwalia’s Case

Kiranjit Ahluwalia’s case came a year after marital rape was declared as ‘rape’ in 1991. She was convicted of murder by burning her husband alive during his sleep. The lady in question had been a victim of domestic violence for over a decade and had been in severe depression when she took the step. The case set a benchmark for improving public awareness on domestic abuse. As a final verdict, she was convicted to life imprisonment. However, she was later freed as her conviction of murder was reduced to manslaughter.

If you want to understand the implications of judicial decisions on the political and the social environment, no case is as good as this one. The decision in 1973 supported a woman’s right to abortion and is celebrated by women each year today. The popularity of this decision is such that thousands of people march in the support every year.

Mathura Rape Case (1972)

One of the most prominent cases in the history of India, mainly due to the protests following the final verdict which saw a major overhaul in the rape laws of the country. In the city of Mathura, a tribal woman was raped by two constables within the premises of a police station. During the trial, the judge found the accused not guilty. Can you guess the reason given behind this unfair judgement? As per the judge, a sexual act within the premises of a police station was permitted and consensual. However, this law had to be amended due to the massive protests all over the country, with everyone saying- Submission does not mean consent.

These were some of the cases which are extremely interesting if you go through the entire judgement. Some cases would have surely made you go “ Like what! Are you serious this ever happened? ” This proves one thing- The lives of lawyers and judges aren’t as easy as it seems and you must be prepared before taking up the L.L.B. course. They may seem right to some and wrong to others. However, as history has it, wherever they have been wrong, they have acknowledged their mistakes, and the judgement has been changed as well. So, let them do their work while we do ours.

ABOUT THE AUTHOR

SANYA SAJJANHAR

Ms Sanya Sajjanhar is the academic writer at Sharda University. She has keen interest in writing articles pertaining to Law Courses.

India Law Research

Vlex database, free & open internet, government: executive, government: legislature, government: judiciary, journals and periodicals, international encyclopedia of laws, additional resources, getting help, quick links.

Below are quick links to our most popular resources for India research. More detailed instructions for using these resources are located further down in the guide.

HOLLIS Library Catalog
Indian Kanoon Database
Manupatra Database
SCC Online Database

Introduction to Researching the Law of India

The Sovereign, Democratic, and Republic state of India (also known as Bharat) has been a free nation since it declared its independence from British rule in 1947. It adopted its constitution on January 26,1950. In addition to outlining the powers of the branches of government, the constitution defines protected fundamental rights (see Part III), and outlines the policy directives of the state and the fundamental duties of Indian citizens (see Part IV). With more than 450 articles, India has the longest constitution of any sovereign nation in the world.

India is governed by a federal parliamentary system. In addition to the Central Government, each of the country's 28 states has its own government. There are also eight Union Territories (UTs) administrated by Central Government appointees. For information about each of the states and UTs, along with links to their respective government websites, visit https://knowindia.gov.in/states-uts/ .

As is the case with other former British colonies, India has a common law legal system that recognizes the principles of judge-made law and stare decisis.

The Harvard Law School Library has an extensive print collection of historical and current primary and secondary sources researching the law of India. In addition, the library subscribes to two databases: Manupatra and SCC Online . This guide provides instructions and tips for navigating these resources.

A quick introductory video on the features of this guide is below.

Photo: Supreme Court of India, taken by Jennifer Allison on Dec. 14, 2019.

The Harvard Library Catalog: HOLLIS

Use the HOLLIS online library catalog (http://hollis.harvard.edu) to find print and electronic materials in Harvard's libraries, including the law library.

This guide includes links to HOLLIS searches that use either general keywords, Library of Congress Subject Headings , or both. HOLLIS search links in this guide appear in this format:

HOLLIS search: "India" AND "Law OR Legal"

Most searches are deliberately broad. Limit the search results by adding additional keywords to the search query, refining the results using the options listed on the right side of the HOLLIS screen, or both.

Historical Research: The HLS Library's Moody Call Number System

In the past, the Harvard Law Library used a proprietary classification system for foreign materials, the Moody System. To learn more about it, visit https://guides.library.harvard.edu/moodysystem .

You should know about this system if you are doing historical legal research in our collection for India. Many older materials in the library's offsite storage facility (which cannot be browsed by researchers) still have Moody call numbers, even though the library switched to using the Library of Congress classification system for foreign materials several years ago.

Moody Call Numbers

Call numbers in this system are compiled as follows:

The call number starts with a code for the jurisdiction (for India, it's "IN")
The first number represents form or type of material (for a list of these numbers, see https://guides.library.harvard.edu/c.php?g=309924&p=2070177 )
The second and third numbers represent the subject of the material (for a list of these numbers, see https://guides.library.harvard.edu/c.php?g=309924&p=2070178 )
At the end of the call number is a three-letter abbreviation of the author's name.

Browsing by Moody Call Number in HOLLIS

For example, if you would like to browse the older treatises about the criminal law of India in our collection, do this:

1. Go to https://hollis.harvard.edu/ .

2. Above the search box, click STARTS WITH/BROWSE .

3. In the Browse by drop-down menu, click Call Number - Other .

4. In the search box, enter IN 980 (Note: this means "India + Treatises [900] + Criminal Law [80]")

5. Click Search .

Bluebook Citation Rules for Legal Sources from India

The Bluebook's citation rules for primary law materials from India are available online at https://www.legalbluebook.com/bluebook/v21/tables/t2-foreign-jurisdictions/t2-18-india .

These rules indicate preferred case law reporters by court, as well as instructions for citing the constitution and legislation.

Manupatra Subscription Database

Manupatra is a subscription legal database for India. It includes both primary sources (judicial opinions, statutes and other legislative materials, administrative agency materials, and more) and secondary sources (including treatises and law journals).

To access Manupatra:

Sign in with your HarvardKey at https://hollis.harvard.edu .
Go to http://id.lib.harvard.edu/alma/990104767090203941/catalog and click the ONLINE ACCESS link.

You should see the homepage of the Manupatra database, which looks like this:

Homepage of the Manupatra Indian Law Subscription Database

Searching and Browsing in Manupatra

To browse by source type, use the menu on the left side of the screen.

To search, click one of the options in the blue search bar at the top of the screen:

Manu Search : Search the database using keywords.
Legal Search : Advanced search option, using forms with fields, for judgments, statues (acts), rules, and other types of sources.
Citation Search : Use this option to search for a case if you have a citation to a case law reporter, such as All India Reporter (AIR), Indian Law Reports (ILR), SCC (Supreme Court Cases), or Weekly Law Notes (WLN). Coverage also includes regional court reporters, such as the Bombay Cases Reporter (BomCR), Calcutta Law Journal (CLJ), Delhi Law Times (DLT), and many others. To view a coverage list of reporters, visit http://www.manupatrafast.in.ezp-prod1.hul.harvard.edu/Search/Publishers.aspx .
Assisted Search : Provides a form to assist with crafting searches using Boolean connectors.

Search Example

As an example, assume that you have the following information about a case from the Bombay High Court:

State vs. Panduran Tatyasaheb Shinde, AIR 1956 Bom 711.

Find this case in Manupatra as follows:

Click Citation Search .
In the Publisher menu, select AIR(Bombay) .
In the Year box, enter 1956 .
In the Page Number box, enter 711 .
Click Search .

You will see one result. Click the link provided to view the case.

SCC Online Subscription Database

SCC Online is a subscription legal database. You can browse or search for cases from a wide variety of Indian courts, including the Supreme Court, the Privy Council, high courts, district courts, and tribunals and commissions. It also includes selected case law from other jurisdictions in the region, including Bangladesh, Malaysia, Pakistan, and Sri Lanka, and from several African jurisdictions. SCC online also includes other Indian legal materials: acts and rules, articles, secondary sources, treaties, and more.

Access SCC Online as follows:

Go to https://hollis.harvard.edu and sign in with your HarvardKey credentials.
Go to this HOLLIS record: http://id.lib.harvard.edu/alma/99153820291903941/catalog .
Click the ONLINE ACCESS link.
On the SCC Online homepage, click LOGIN in the upper right corner.
Select the IP login option, and enter your Harvard email address.
When the SCC Dashboard screen appears, click the type of search you want to do. You may have to do this quickly to avoid being signed out. If you are not sure what to click, click the third blue box labeled Find by Citation .

You should now be on the main search screen. If this is not the type of search you want to do, return to the dashboard by clicking the icon with 9 little boxes in it at the top of the screen. The dashboard provides all the options you need for finding cases by citation, party name, or topic, in addition to browsing law reports, judgments, acts and rules, secondary materials and more.

Note that SCC Online can be hard to log into. If the directions above do not work for you, here are a few things to try:

Clear the cache and cookies on your browser.
Use a different internet browser (if you are using Google Chrome and it's not working, try it in Firefox).

If you tried all those things and it's still not working, contact a research librarian for help ( https://asklib.law.harvard.edu ).

Harvard's subscription to the vLex database includes the following materials for India:

Laws and Regulations
Books and Journals

To access vLex, go to its HOLLIS catalog record: http://id.lib.harvard.edu/alma/990104683840203941/catalog . Then, click the ONLINE ACCESS link.

To go to the India materials, click Browse in the menu on the right side, then All Jurisdictions > Asia > India.

Materials from India appear throughout vLex. For example, vLex includes cases and legislation from India in the citing references for UK cases.

HeinOnline Subscription Database

HeinOnline's resources for researching the law of India include the following:

Index to Foreign Legal Periodicals (IFLP): Search for "India" as a Subject
World Constitutions Illustrated: India

Free Databases for Indian Legal Research

Indian Kanoon Free database of Indian legislation and case law, offering simple and advanced search options as well as a way to browse by individual court and tribunal.
Legal Information Institute of India (LII) Links to primary and secondary sources for Indian law.

Google Searches for Materials on Government Websites

Most Indian government websites are in the "gov.in" domain. You can search for materials on government websites using Google using this query format:

"circulars" site:gov.in

This search will return all sites that include the word "circulars" on Indian government sites. ("Circular" is a name used for a document that a government entity releases to describe its activities.)

Some Indian government sites are in the "nic.in" domain ("NIC" is the Central Government's National Informatics Centre ). So if your "gov.in" domain search does not return the results you are looking for, try the same search using "nic.in" instead.

According to Part V, Chapter I of the Indian Constitution , the head of state is the President , who appoints the members of the Council of Ministers (headed by the Prime Minister ) and the judges who serve on the Supreme Court .

The executive branch also includes the following:

Union Ministries (including the Ministry of Law and Justice )
Union Government Departments (including the Department of Legal Affairs )
Commissions (including the Law Commission of India )

The executive has certain powers related to legislation. For example, the Legislative Department of the Ministry of Law and Justice drafts legislation for the Central Government. Other ministries also contribute to the drafting of bills based on their subject matter.

Under Article 123 of the Indian Constitution, the President can enact ordinances when Parliament is not in session. These ordinances can only become permanent law if the Parliament approves them after returning from its recess.

Finding Executive and Administrative Materials

HOLLIS Searches

HOLLIS Search: "India" AND "Delegated Legislation"
HOLLIS Search: "India" AND "Gazette"
HOLLIS Search: "India" AND "Government" AND "Circulars"
HOLLIS Search: "India" AND "Ministry OR Department OR Commission" (in the "Author" field)
HOLLIS Search: "India" AND "Record" AND "Office" (in the "Author" field)

Electronic Resources

The Gazette of India Bilingual (English and Hindi) publication of government activities. e-Gazettes are available here for the Central Government and for State Governments.
National Government Services Portal This site provides information about the services that various government entities (Central Government and State Governments) offer to the the people of India. You can browse by service type or search for a service.

According to Part V, Chapter II of the Indian Constitution , legislative power vests in a Parliament , which includes:

The President
The Council of States (Rajya Sabha)
The House of the People (Lok Sabha)

Finding Legislation

Historically, Indian national and state legislation has been published by a lot of different entities under a lot of different names. This means you may need to do several HOLLIS searches to find the publication that has the law you are looking for.

The searches below include various ways Harvard's library catalogers have named and described Indian publications that include legislation.

HOLLIS Search: "India" AND "Acts of Parliament"
HOLLIS Search: "India" AND "Central Acts"
HOLLIS Search: "India" AND "Central Legislature"
HOLLIS Search: "India" AND "State Acts"
HOLLIS Search: "India" AND "Statutory Rules"
HOLLIS Search: "Law" AND "India" AND "Statutes and Codes"
HOLLIS Search: "Law and Legislation" AND "India"
HOLLIS Search: "Laws, etc." AND "India"
HOLLIS Search: "Laws of India"
HOLLIS Search: "Statutes of India"

In addition to the subscription databases Manupatra and SCC Online, there are several freely-available online sources for Indian legislative materials.

Bare Acts Live (Chawla Publications)
India Code: Digital Repository of All Central and State Acts
LEGIS Database of Acts Database of acts, bills, and ordinances - maintained by the Supreme Court Judges' Library.
List of Central Acts Maintained by the Legislative Department of the Ministry of Law and Justice; available in chronological and alphabetical order.
Ministry of Law and Justice Legislative Department: Legislative References Includes a list of the Acts of Parliament (1838-2019), and links to the text of ordinances promulgated, President's Acts, Central Regulations, and Orders issued under the Constitution of India.
National Portal of India: Acts/Rules
Parliamentary Research Service (PRS)

Part V, Chapter IV of the Indian Constitution establishes the Union Judiciary, at the head of which is the Supreme Court of India .

As India is a common law jurisdiction, opinions issued by the Supreme Court are binding on all other Indian courts (see Art. 141).

India's judiciary is also comprised of regional courts throughout the country, including High courts and District courts .

For disputes involving government employees, India has a network of Administrative Tribunals .

Finding Case Law

Over time, there have been hundreds of publications reporting cases decided in India's courts, and some of them have changed their names several times. The Supreme Court of India's Equivalent Citation Table can help a researcher not only make sense of the various case reporter names, but also determine parallel citations if necessary.

Note that, in Indian legal bibliography, the term "law journal" can mean many different things, including a case law reporter.

Harvard has been collecting case law reporters from India for many years. To find judicial decisions from Indian courts in the law library's print collection, try the searches below, which include various ways Harvard's library catalogers have named and described relevant publications.

HOLLIS Search: "All India Reporter"
HOLLIS Search: "India" AND "High Court" AND "Cases OR Reports OR Digests OR Decisions"
HOLLIS Search: "India" AND "Judicial Commissioner's Court"
HOLLIS Search: "India" AND "Law Reports, Digests, Etc."
HOLLIS Search: "India" AND "Reports of Cases"
HOLLIS Search: "India" AND "Supreme Court Cases"
HOLLIS Search: "Indian Decisions" AND "Law OR Legal"
HOLLIS Search: "Indian High Court Reports"
HOLLIS Search: "Indian Law Reports"
HOLLIS Search: "Justice, Administration of -- India" (Subject field search)
HOLLIS Search: "Supreme Court of India" AND "Cases OR Reports OR Digests OR Decisions"
Directory of District Court Websites Links to District Court websites are provided, through which you can browse and search for opinions.
Directory of High Court Websites Links to High Court websites are provided, through which you can browse and search for opinions.
Supreme Court Judges' Library: SUPLIS Database of Caselaws
Supreme Court of India: Judgments Database Search by case number, diary number, judgment date, judge name, parties, free text, and more.

Legal Journals and Periodicals

In Indian legal bibliography, the term "law journal" can mean many different things, including the following:

A case law reporter
A legal periodical that publishes article-length scholarly works (like a "law review" in the United States)

The Union Catalogue of Legal Journals , maintained by the Judges' Library of the Supreme Court of India, provides a helpful overview of Indian legal periodicals.

Scholarly Law Journals

Many scholarly law journals in India are published by law schools. Depending on the journal and the publication date, they can be found open-access through a law school website, through a subscription database (such as HeinOnline , Sage , Jstor , or Taylor and Francis ), and/or in the library's print collection.

To find journals in our collection, you can search the HOLLIS library catalog . However, it might be easier and faster to check the list of journals published at Indian law schools below, in case the one you want is available open access online.

Chanakya National Law University (CNLU) (Patna) Chanakya Law Review.
Dr. Ram Manohar Lohiya National Law University (RMLNLU) (Lucknow) Dr. Ram Manohar Lohiya National Law University Journal (ISSN: 0975 – 9549); RMLNLU Law Review (ISSN: 0975 – 9530); CMET Journal, Child Protection in Uttar Pradesh Quarterly Newsletter.
Gujarat National Law University (GNLU) (Gandhi Nagar) GNLU Journal of Law, Development and Politics (GJLDP); GNLU Law Review; Gujarat Law Journal; GNLU Journal of Law & Economics (GJLE); GNLU Law and Society Review
Hidayatullah National Law University (HNLU) (Raipur) Journal of Law and Social Science
NALSAR University School of Law (Hyderabad) NALSAR Law Review (ISSN 2319-1988); Indian Journal of Intellectual Property Law (Print ISSN 0975-492X and e-ISSN 2278-862X); Environmental Law and Practice Review (ISSN 2319-1856); Media Law Review (ISSN 2319-1848); Journal of Corporate Affairs and Corporate Crimes (ISSN 2278-8611); NALSAR Student Law Review (ISSN 0975-0216); The Indian Journal of Constitutional Law (ISSN 0975-0134); The Indian Journal of Law and Economics (ISSN 2319-1864); NALSAR ADR Journal (ISSN 2348-7690); International Journal of Constitutional Law (IJCL); NALSAR International Law Journal
National Law Institute University (NLIU) (Bhopal) Using the top menu, navigate through Research - Research Publications - NLIU Publications to find Indian Law Review, NLIU Journal of Intellectual Property Law, NLIU Law Review, NLIU e-Journals (International Law, Media Law).
National Law School of India University (NLSIU) (Bengaluru / Bangalore) National Law School Journal, National Law School of India Review, NLS Business Law Review, Socio-Legal Review, IN LAW Magazine, Journal on Environmental Law Policy and Development, Journal of Law and Public Policy, CEERA March of the Environmental Law
National Law University and Judicial Academy Assam (NLUJAA) NLUA Law Review, Child Rights & Policy Review; Journal for Sports Law, Policy, and Governance; NLUA Law and Policy Review; Journal for Disability Studies and Policy Review.
National Law University Delhi (NLUD) Journal of National Law University Delhi; Journal of Victimology and Victim Justice; NLUD Student Law Journal; Indian Journal of Criminology.
National Law University Jodhpur (NLUJ) NLUJ Law Review; Trade, Law, and Development; Indian Journal of Arbitration Law; Journal on Corporate Law and Governance; Journal on Comparative Constitutional Law and Administrative Law; Indian Journal of Legal Theory; Journal of Intellectual Property Studies; Journal on Indian Competition Review; Scholasticus.
National Law University Odisha (NLUO) NULO Law Journal; Human Rights Law Journal; Journal on the Rights of the Child; NLUO Student Law Journal.
National University of Advanced Legal Studies (NUALS) (Kochi) NUALS Intellectual Property Law Review; NUALS Law Journal.
National University of Study and Research in Law (NUSRL) (Ranchi) NUSRL Journal of Law & Policy; NUSRL Journal of Human Rights.
Rajiv Gandhi National University of Law (RGNUL) (Patiala, Punjab) RGNUL Law Review; RLR Student Edition; Student Law Review; RFM Law Review; RGNUL Social Science Review; Human Rights Journal; Law and Tech Times; Indian Journal of Criminology.
WB National University of Juridicial Sciences (NUJS) (Kolkata) NUJS Law Review; Journal of Telecommunication and Broadcasting Law; Journal of Indian Law and Society (formerly Indian Juridicial Review); Asian Journal of Legal Education; International Journal of Law and Policy Review; International Journal of Legal Studies & Research; Journal on Dispute Resolution.

International Encyclopedia of Laws: Entries for India

The Kluwer Online subscription database's International Encyclopedia of Laws includes an entry for India in each of the subject areas listed below.

Click the link, provide your HarvardKey credentials if necessary, and then click India under National Monographs.

Civil Procedure
Commercial and Economic Law
Competition Law
Constitutional Law
Corporations and Partnerships
Environmental Law
Family and Succession Law
Insurance Law
Intellectual Property
Medical Law
Private International Law
Social Security Law
Transport Law
Bombay High Court Judges' Library
Foreign Law Guide: India HarvardKey credentials required
GlobaLex: A Guide to India's Legal Research and Legal System
GlobaLex: Guide to Indian Laws
Index to Foreign Legal Periodicals: Country Subject = India IFLP has more than 2,000 articles with "India" as the country subject. This ink to IFLP is in the HeinOnline subscription database and HarvardKey credentials are required to access it.
India Legal Research Guide University of Wisconsin Law Library
India Legal Research Guide Libraries of the National University of Singapore
Indian Law Research Guide University of Melbourne
The Indian Legal Profession in the Age of Globalization: The Rise of the Corporate Legal Sector and its Impact on Lawyers and Society 2017 book co-authored by David Wilkins, Vikramaditya S. Khanna, and David M. Trubek.
Indian Legal System Research Guide Library of the O.P. Jindal Global University, Sonipat, Haryana, India.
Judges' Library of the Supreme Court of India
Legal Research Guide: India Law Library of Congress
Legal Resources of India Bodleian Libraries, University of Oxford
Vikaspedia (InDG) Description from the site: This portal has been developed as part of the national level initiative - India Development Gateway (InDG), dedicated for providing information / knowledge and ICT based knowledge products and services in the domain of social development. InDG is a Ministry of Electronics and Information Technology (MeitY) Government of India initiative and is executed by Centre for Development of Advanced Computing, Hyderabad.

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GO TO LEGAL WEBSITES FOR RESEARCH IN INDIA

Looking at the world today, it isn't easy to imagine living without the internet, especially when it comes to knowledge and research. Gone are those days when people spent hours in the library and dug their heads deep into the books. Now with technology at our tips, we just need an internet connection and our go-to websites to simply this whole process.

Correct and appropriate knowledge is everything in the legal world, and the standard is the apex. One needs to back whatever they say or contravenes anything with a straightforward act, section, order, judgments, etc. People from non-legal backgrounds rely upon lawyers and law students for their legal knowledge and skills. To constitute such knowledge and skills, research and lots of reading are required from reliable sources. Certain legal websites provide authentic and factual information. Usually, everyone, including lawyers, professors, legal fraternity, and law students, relies on them for information and news, but it is the most needed requirement of law students. They have various assignments and research papers which require analysis, understanding, and application of multiple laws.

There are various categories in which these websites can be divided, but in this article, we will look majorly into four:-

Legal News and Articles

Legal cases and judgments.

Law School Updates and Internships

It is a comprehensive legal news portal that will provide you with the fastest court updates. It began in 2013; it is one of the fastest-growing legal portals, covering the latest legal news, Supreme Court updates, articles, and legal events. Though it usually focuses on live court reporting. It has many prominent judges and senior advocates on its editorial advisory board. They have an application also which keeps notifying with all the legal updates one needs.

Website: https://www.livelaw.in/

Bar and Bench:

For the last 11 years, this website has been in the legal market providing law firm in-house stories and litigation stories from the High Court and Supreme Court. In 2016 it was listed amongst 30 people to watch in the business of law in Asia. It also covers news, columns, interviews, and viewpoints of many senior judges and advocates. It also provides a WhatsApp updates facility to its users.

Website: https://www.barandbench.com/

Legally India:

It is a website that majorly covers the Indian Law Industry like law firms and lawyers of India. It reports news and information regarding them.

https://www.legallyindia.com/

iPleaders Blog:

Founded by the National University of Juridical Sciences (NUJS), Kolkata alumni Ramanuj Mukherjee, iPleaders is one of the thriving legal platforms of India. It is a team of lawyers aiming to make the law accessible to every sector and class of people in India. It majorly advocates such technology where entrepreneurs are themselves efficiently equipped with such sources that they figure out their legal issues independently without any legal assistance from professionals. The object here is to promote education and technology among businessmen by discussing day-to-day various common issues and their remedies. They have offered many diploma courses on entrepreneurship and business administration on their website. They even organize workshops to educate law students and lawyers about different aspects and provide online training for the BCI exam. All legal news is covered here with the latest updates and judgments.

Website: https://blog.ipleaders.in/

Manupatra is like the Bible of law to any law student. It has an enormous legal database of Indian cases as well as foreign ones. It provides services in various fields apart from the law like financial, taxation, accounting, educational, banking, consulting, IPR, media rights, policy, etc. It has made some great revolution in online legal research of India. They offer almost 2 million judgments from the Supreme Court, High Court, Tribunals, and 14 International Courts along with many acts, circulars, bills, and notification, etc. They are a service-based platform providing the latest legal technology to all.

Website: https://mobile.manupatra.in/

SCC Online:

It is an electronic medium of Eastern Book Company- a publishing house in-law publishing in India for 75 years. It also serves the same purpose as Manupatra, contributing to legal literature worldwide. Its standard and quality in reporting have made it the most preferred and cited law report in all law courts. In moot courts of law schools, mostly case reports and judgments of SCC Online are admissible. The mark of EBC ensures authenticity, reliability, and genuineness of the material provided there, fulfilling the commitment to the rule of law.

Website: https://www.scconline.com/

IndianKanoon:

This website is helpful not only to the legal fraternity but also to common people in general who want to be aware of laws and legal documents. It complies with the laws in a summary that is easy to read and understand, even for a layman. It also contains various court judgments interpreting those laws. It allows automatic determination of the most relevant clauses and court judgments. It acts as a savior when one doesn't have time to go through bare acts for any law or judgments. It also gives an accurate citation of the judgments, which is beneficial while making memos in the moot courts in law schools.

Website: https://indiankanoon.org/

Unlike other websites, SpicyIP has focused on one area, i.e., Intellectual Property Rights. It is a site dedicated to IPR and innovation law/policy. It covers analytical posts on complex issues of Trademark, Copyright, Patent, and others committed to fostering transparency in the Indian IP world. It updates regarding internships and job opportunities in various IP firms. Contemporary IP news and IP policies are shared continuously. They have a remarkable feature of public opinion polls on various important IP issues in the country. It also provides a weekly round-up on various IP events in the country, including conferences and workshops.

Website: https://spicyip.com/

Law School Updates and Internships:

Lawoctopus:.

Lawoctopus is like a blessing for law students stuck in a mundane law school. It works as an antidote for them when they are clueless about their legal careers. It is like one shop for everything where students find opportunities for call for papers, moot court competitions, seminars and MUNs, etc. Here students share their internship experiences in various legal firms and how to approach them. In addition, it also shows internship vacancies in various firms. They provide you with the opportunity to publish write-ups and artworks, which the law schools mainly ignore. They have various blogs where lawyers provide freshers and law students career guidance giving them some ease in life in a law school.

Website: https://www.lawctopus.com/

Legal Service India:

It is a portal mainly focussed on the law and government. It is kind of a virtual library of free legal resources, mainly for law students and lawyers. Primary content here is lawyer's directory, legal advice, discussion forum, Lok Adalat, medico-legal, codes, articles, cases, and so on. The response received by this site is very positive in a short period of time. All the information regarding family, consumer, company, immigration, contract, and army law can be easily accessed here. One can also file PIL, Caveat, SLP from this online platform.

Website: https://www.legalserviceindia.com/

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Landmark Cyber Law cases in India

Post author By ashwin
Post date March 1, 2021

By:-Muskan Sharma

Introduction

Cyber Law, as the name suggests, deals with statutory provisions that regulate Cyberspace. With the advent of digitalization and AI (Artificial Intelligence), there is a significant rise in Cyber Crimes being registered. Around 44, 546 cases were registered under the Cyber Crime head in 2019 as compared to 27, 248 cases in 2018. Therefore, a spike of 63.5% was observed in Cyber Crimes [1] .

The legislative framework concerning Cyber Law in India comprises the Information Technology Act, 2000 (hereinafter referred to as the “ IT Act ”) and the Rules made thereunder. The IT Act is the parent legislation that provides for various forms of Cyber Crimes, punishments to be inflicted thereby, compliances for intermediaries, and so on.

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However, the IT Act is not exhaustive of the Cyber Law regime that exists in India. There are some judgments that have evolved the Cyber Law regime in India to a great extent. To fully understand the scope of the Cyber Law regime, it is pertinent to refer to the following landmark Cyber Law cases in India:

Shreya Singhal v. UOI [2]

In the instant case, the validity of Section 66A of the IT Act was challenged before the Supreme Court.

Facts: Two women were arrested under Section 66A of the IT Act after they posted allegedly offensive and objectionable comments on Facebook concerning the complete shutdown of Mumbai after the demise of a political leader. Section 66A of the IT Act provides punishment if any person using a computer resource or communication, such information which is offensive, false, or causes annoyance, inconvenience, danger, insult, hatred, injury, or ill will.

The women, in response to the arrest, filed a petition challenging the constitutionality of Section 66A of the IT Act on the ground that it is violative of the freedom of speech and expression.

Decision: The Supreme Court based its decision on three concepts namely: discussion, advocacy, and incitement. It observed that mere discussion or even advocacy of a cause, no matter how unpopular, is at the heart of the freedom of speech and expression. It was found that Section 66A was capable of restricting all forms of communication and it contained no distinction between mere advocacy or discussion on a particular cause which is offensive to some and incitement by such words leading to a causal connection to public disorder, security, health, and so on.

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In response to the question of whether Section 66A attempts to protect individuals from defamation, the Court said that Section 66A condemns offensive statements that may be annoying to an individual but not affecting his reputation.

However, the Court also noted that Section 66A of the IT Act is not violative of Article 14 of the Indian Constitution because there existed an intelligible difference between information communicated through the internet and through other forms of speech. Also, the Apex Court did not even address the challenge of procedural unreasonableness because it is unconstitutional on substantive grounds.

Shamsher Singh Verma v. State of Haryana [3]

In this case, the accused preferred an appeal before the Supreme Court after the High Court rejected the application of the accused to exhibit the Compact Disc filed in defence and to get it proved from the Forensic Science Laboratory.

The Supreme Court held that a Compact Disc is also a document. It further observed that it is not necessary to obtain admission or denial concerning a document under Section 294 (1) of CrPC personally from the accused, the complainant, or the witness.

Syed Asifuddin and Ors. v. State of Andhra Pradesh and Anr. [4]

Facts: The subscriber purchased a Reliance handset and Reliance mobile services together under the Dhirubhai Ambani Pioneer Scheme. The subscriber was attracted by better tariff plans of other service providers and hence, wanted to shift to other service providers. The petitioners (staff members of TATA Indicom) hacked the Electronic Serial Number (hereinafter referred to as “ESN”). The Mobile Identification Number (MIN) of Reliance handsets were irreversibly integrated with ESN, the reprogramming of ESN made the device would be validated by Petitioner’s service provider and not by Reliance Infocomm.

Questions before the Court: i) Whether a telephone handset is a “Computer” under Section 2(1)(i) of the IT Act?

ii) Whether manipulation of ESN programmed into a mobile handset amounts to an alteration of source code under Section 65 of the IT Act?

Decision: (i) Section 2(1)(i) of the IT Act provides that a “computer” means any electronic, magnetic, optical, or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic, or optical impulses, and includes all input, output, processing, storage, computer software or communication facilities which are connected or related to the computer in a computer system or computer network. Hence, a telephone handset is covered under the ambit of “computer” as defined under Section 2(1)(i) of the IT Act.

(ii) Alteration of ESN makes exclusively used handsets usable by other service providers like TATA Indicomm. Therefore, alteration of ESN is an offence under Section 65 of the IT Act because every service provider has to maintain its own SID code and give its customers a specific number to each instrument used to avail the services provided. Therefore, the offence registered against the petitioners cannot be quashed with regard to Section 65 of the IT Act.

Shankar v. State Rep [5]

Facts: The petitioner approached the Court under Section 482, CrPC to quash the charge sheet filed against him. The petitioner secured unauthorized access to the protected system of the Legal Advisor of Directorate of Vigilance and Anti-Corruption (DVAC) and was charged under Sections 66, 70, and 72 of the IT Act.

Decision: The Court observed that the charge sheet filed against the petitioner cannot be quashed with respect to the law concerning non-granting of sanction of prosecution under Section 72 of the IT Act.

Christian Louboutin SAS v. Nakul Bajaj & Ors . [6]

Facts: The Complainant, a Luxury shoes manufacturer filed a suit seeking an injunction against an e-commerce portal www.darveys.com for indulging in a Trademark violation with the seller of spurious goods.

The question before the Court was whether the defendant’s use of the plaintiff’s mark, logos, and image are protected under Section 79 of the IT Act.

Decision: The Court observed that the defendant is more than an intermediary on the ground that the website has full control over the products being sold via its platform. It first identifies and then promotes third parties to sell their products. The Court further said that active participation by an e-commerce platform would exempt it from the rights provided to intermediaries under Section 79 of the IT Act.

Avnish Bajaj v. State (NCT) of Delhi [7]

Facts: Avnish Bajaj, the CEO of Bazee.com was arrested under Section 67 of the IT Act for the broadcasting of cyber pornography. Someone else had sold copies of a CD containing pornographic material through the bazee.com website.

Decision: The Court noted that Mr. Bajaj was nowhere involved in the broadcasting of pornographic material. Also, the pornographic material could not be viewed on the Bazee.com website. But Bazee.com receives a commission from the sales and earns revenue for advertisements carried on via its web pages.

The Court further observed that the evidence collected indicates that the offence of cyber pornography cannot be attributed to Bazee.com but to some other person. The Court granted bail to Mr. Bajaj subject to the furnishing of 2 sureties Rs. 1 lakh each. However, the burden lies on the accused that he was merely the service provider and does not provide content.

State of Tamil Nadu v. Suhas Katti [8]

The instant case is a landmark case in the Cyber Law regime for its efficient handling made the conviction possible within 7 months from the date of filing the FIR.

Facts: The accused was a family friend of the victim and wanted to marry her but she married another man which resulted in a Divorce. After her divorce, the accused persuaded her again and on her reluctance to marrying him, he took the course of harassment through the Internet. The accused opened a false e-mail account in the name of the victim and posted defamatory, obscene, and annoying information about the victim.

A charge-sheet was filed against the accused person under Section 67 of the IT Act and Section 469 and 509 of the Indian Penal Code, 1860.

Decision: The Additional Chief Metropolitan Magistrate, Egmore convicted the accused person under Section 469 and 509 of the Indian Penal Code, 1860 and Section 67 of the IT Act. The accused was subjected to the Rigorous Imprisonment of 2 years along with a fine of Rs. 500 under Section 469 of the IPC, Simple Imprisonment of 1 year along with a fine of Rs. 500 under Section 509 of the IPC, and Rigorous Imprisonment of 2 years along with a fine of Rs. 4,000 under Section 67 of the IT Act.

CBI v. Arif Azim (Sony Sambandh case)

A website called www.sony-sambandh.com enabled NRIs to send Sony products to their Indian friends and relatives after online payment for the same.

In May 2002, someone logged into the website under the name of Barbara Campa and ordered a Sony Colour TV set along with a cordless telephone for one Arif Azim in Noida. She paid through her credit card and the said order was delivered to Arif Azim. However, the credit card agency informed the company that it was an unauthorized payment as the real owner denied any such purchase.

A complaint was therefore lodged with CBI and further, a case under Sections 418, 419, and 420 of the Indian Penal Code, 1860 was registered. The investigations concluded that Arif Azim while working at a call center in Noida, got access to the credit card details of Barbara Campa which he misused.

The Court convicted Arif Azim but being a young boy and a first-time convict, the Court’s approach was lenient towards him. The Court released the convicted person on probation for 1 year. This was one among the landmark cases of Cyber Law because it displayed that the Indian Penal Code, 1860 can be an effective legislation to rely on when the IT Act is not exhaustive.

Pune Citibank Mphasis Call Center Fraud

Facts: In 2005, US $ 3,50,000 were dishonestly transferred from the Citibank accounts of four US customers through the internet to few bogus accounts. The employees gained the confidence of the customer and obtained their PINs under the impression that they would be a helping hand to those customers to deal with difficult situations. They were not decoding encrypted software or breathing through firewalls, instead, they identified loopholes in the MphasiS system.

Decision: The Court observed that the accused in this case are the ex-employees of the MphasiS call center. The employees there are checked whenever they enter or exit. Therefore, it is clear that the employees must have memorized the numbers. The service that was used to transfer the funds was SWIFT i.e. society for worldwide interbank financial telecommunication. The crime was committed using unauthorized access to the electronic accounts of the customers. Therefore this case falls within the domain of ‘cyber crimes”. The IT Act is broad enough to accommodate these aspects of crimes and any offense under the IPC with the use of electronic documents can be put at the same level as the crimes with written documents.

The court held that section 43(a) of the IT Act, 2000 is applicable because of the presence of the nature of unauthorized access that is involved to commit transactions. The accused were also charged under section 66 of the IT Act, 2000 and section 420 i.e. cheating, 465,467 and 471 of The Indian Penal Code, 1860.

SMC Pneumatics (India) Pvt. Ltd. vs. Jogesh Kwatra [9]

Facts: In this case, Defendant Jogesh Kwatra was an employee of the plaintiff’s company. He started sending derogatory, defamatory, vulgar, abusive, and filthy emails to his employers and to different subsidiaries of the said company all over the world to defame the company and its Managing Director Mr. R K Malhotra. In the investigations, it was found that the email originated from a Cyber Cafe in New Delhi. The Cybercafé attendant identified the defendant during the enquiry. On 11 May 2011, Defendant was terminated of the services by the plaintiff.

Decision: The plaintiffs are not entitled to relief of perpetual injunction as prayed because the court did not qualify as certified evidence under section 65B of the Indian Evidence Act. Due to the absence of direct evidence that it was the defendant who was sending these emails, the court was not in a position to accept even the strongest evidence. The court also restrained the defendant from publishing, transmitting any information in the Cyberspace which is derogatory or abusive of the plaintiffs.

The Cyber Law regime is governed by the IT Act and the Rules made thereunder. Also, one may take recourse to the provisions of the Indian Penal Code, 1860 when the IT Act is unable to provide for any specific type of offence or if it does not contain exhaustive provisions with respect to an offence.

However, the Cyber Law regime is still not competent enough to deal with all sorts of Cyber Crimes that exist at this moment. With the country moving towards the ‘Digital India’ movement, the Cyber Crimes are evolving constantly and new kinds of Cyber Crimes enter the Cyber Law regime each day. The Cyber Law regime in India is weaker than what exists in other nations.

Hence, the Cyber Law regime in India needs extensive reforms to deal with the huge spike of Cyber Crimes each year.

[1] “Crime in India – 2019” Snapshots (States/UTs), NCRB, available at: https://ncrb.gov.in/sites/default/files/CII%202019%20SNAPSHOTS%20STATES.pdf (Last visited on 25 th Feb; 2021)

[2] (2013) 12 SCC 73

[3] 2015 SCC OnLine SC 1242

[4] 2005 CriLJ 4314

[5] Crl. O.P. No. 6628 of 2010

[6] (2018) 253 DLT 728

[7] (2008) 150 DLT 769

[8] CC No. 4680 of 2004

[9] CM APPL. No. 33474 of 2016

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Fighting for the Future of Indian Law

Stanford’s growing program in american indian and indigenous law is on the front lines, from the supreme court to tribal council chambers.

June 29, 2023
Rebecca Beyer
Illustrations by Jeffrey Decoster
Spring 2023 – Issue 108
Cover Story
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When the U.S. Supreme Court heard oral arguments last fall in a controversial case challenging a law requiring states to make every effort to place Native children who have been removed from their homes with members of their family, tribe, or another Native nation, dozens of Stanford Law School students and faculty had gathered to listen to the live audio.

The case, Brackeen v. Haaland , was called at 7:02 a.m. Pacific time, but the SLS contingent was wide awake. They each had an interest in the outcome. Some of the listeners are Native American themselves and have relatives or friends who can recall when their children were forcibly removed from their homes and tribes before the law in question, the Indian Child Welfare Act (ICWA), was passed in 1978. Professor Gregory Ablavsky solo-authored amicus briefs for the 5th U.S. Circuit Court of Appeals and the high court in support of the federal government in the case. First-year students in Professor Elizabeth Reese ’s discussion group had been studying ICWA and the underlying lawsuit for weeks. Professors Pamela S. Karlan and Jeffrey L. Fisher and students in the Supreme Court Litigation Clinic represented the Navajo Nation in the matter and most of the group had been present when Reese, Ablavsky, Karlan, and Fisher mooted the lead attorney for the tribes supporting the law.

The Supreme Court upheld the law in a 7-2 decision on June 15, but the case was just the latest example of the high stakes for long-standing principles of tribal sovereignty in this country.

The campus listening party was pedagogical in nature—it was the first chance for most of the 1Ls present to study a statute and see it debated at the highest court in the land. But the gathering was also a show of community for Stanford’s growing American Indian and Indigenous Law program, led by Ablavsky and Reese. The area gained real traction in 2015 with the hiring of Ablavsky, the first Stanford professor with expertise in the field; Reese joined the faculty in 2021 as the first American Indian professor. Today the program encompasses everything from studying Indian law in the classroom to working on behalf of tribes in policy practicums. The students and faculty gathered on November 9, 2022, weren’t just listening to the oral arguments—they were invested in the case. Reese, a scholar of American Indian tribal law, federal Indian law, and constitutional law, is a citizen of Nambé Pueblo. She brought donuts for the occasion.

“I had nothing like this when I was in law school,” says Reese, whose Tewa name, Yunpoví, means Willow Flower. “I couldn’t have dreamed of anything like this Indian law program. We were sitting there in the room listening live when the justices referenced some research that Professor Ablavsky had done. It was very cool.”

Changing Course

The term Indian law often encompasses two broad categories: tribal law and federal Indian law. Tribal law is exactly what it sounds like—the laws and governing mechanisms that each of this country’s 574 federally recognized, sovereign Native nations have created for themselves since before the creation of the United States. Federal Indian law, on the other hand, refers to laws enacted by the United States to govern relations between the U.S. and tribes.

When Ablavsky arrived at SLS, the law school’s clinics were already working for and with tribes, including on important environmental, religious liberty, and educational matters, and there was a community of Native students and their allies, represented by the Native American Law Students Association (NALSA). But, while some faculty incorporated tribal issues into their curricula, courses dedicated to Indian law were taught only every few years by visiting professors or adjuncts.

Federal Indian Law is now offered every year, taught by Ablavsky or Reese (in one recent quarter, it was the highest enrolled class at the law school). In addition, Ablavsky created a policy practicum— Fed eral Indian Law: Yurok Legal Assistance —in which students work with the tribal attorneys of the largest federally recognized Native nation in California on issues ranging from water rights and police powers to tribal-county relationships. And Reese, who in April took a temporary leave from SLS to join the White House Domestic Policy Council as the senior policy adviser for Native affairs, teaches Tribal Law and leads 1L discussion groups on Native issues, like the one on Brackeen .

In a 2021 Stanford Law Review article called “The Other American Law,” Reese argued that Tribal law should be taught and studied alongside and within mainstream legal subjects. When she joined the faculty that same year, she says the foundation of Indian law offerings was “fantastic.”

“There was already a lot going on,” she explains. “The norm at other law schools would be only stuff that I planned or NALSA planned. Here, the work was already happening.”

Tanner Allread, JD ’22/PhD ’25, a citizen of the Choctaw Nation who is finishing his PhD in history, says the fact that Federal Indian Law was a mainstay of the SLS curriculum was a major draw.

“That really sold me,” he says. “I felt that I would have a lot of support as a Native student.”

Choctaw citizen Carson Smith, JD ’25 (BA ’19), who studied political science and Native American studies as an undergraduate, agrees.

“I applied to other law schools,” she says. “But it had to be Stanford. Professors Ablavsky and Reese were the really big sell. Most campuses don’t even have one tenure-track law professor focused on this area—we have two.”

Jenny Martinez, the Richard E. Lang Professor of Law and Dean of Stanford Law School, says SLS is “proud of its growing tribal law and federal Indian law program, which is unmatched among top law schools.”

“Liz and Greg are both pushing the field forward and engaging professionally with the most important questions in this area,” she says. “What’s more, the students love them.”

Drawing on the Past to Shape the Future

As lead faculty, Ablavsky and Reese bring with them complementary backgrounds and experience.

Ablavsky taught fifth grade on the Zuni Reservation in New Mexico before law school. In addition to his JD, he has a PhD in history and specializes in issues related to sovereignty, territory, and property in the founding era—expertise that is in very high demand at a time when the U.S. Supreme Court is dominated by originalists.

An award-winning author, Ablavsky won both the Law and Society Association’s James Willard Hurst Book Prize and the American Society for Legal History’s William Nelson Cromwell Foundation Book Prize for his 2021 book, Federal Ground: Governing Property and Violence in the First U.S. Territories . He has written amicus briefs in several high-profile cases, and his historical perspective is highly relevant for judges who must decide present-day controversies with centuries-old statutes or case law. In the Supreme Court’s decision last year in Oklahoma v. Castro-Huerta , which held that states can prosecute crimes by non-Indians against Indians in Indian country, Justice Neil Gorsuch cited Ablavsky’s work in a scorching dissent (in a forthcoming law review article, Ablavsky argues that Castro-Huerta is an example of opinions based on “bad” history). And in the 5th Circuit’s fractured en banc decision in Brackeen, judges who voted to uphold ICWA cited Ablavsky’s articles and amicus brief more than 40 times.

“The law has always been tied up with conquest. But it's also tied up with our sovereignty.”

Elizabeth Reese, assistant professor of law

“Greg is an incredible historian,” Reese says. “He’s able to do really powerful and important work, particularly because the Supreme Court is so focused on originalism right now. On the flip side, I’m very plugged into the contemporary Native community, the fights that tribes are fighting, the way that tribes are building themselves up as governing institutions.”

Reese spent her early childhood in Nambé in New Mexico. After law school, she worked at the NAACP Legal Defense Fund and later the National Congress of American Indians, where she helped tribal governments implement certain powers to prosecute non-Indians restored to them under the 2013 Violence Against Women Act (a 1978 Supreme Court case, Oliphant v. Suquamish Indian Tribe , held that tribal courts cannot prosecute non-Indians except where Congress has specifically given them the power to do so). In that role, she reviewed tribal codes and worked with tribal judges, attorneys, and victim advocates on the legal requirements of jurisdiction under the law.

Reese spends much of her time laying the groundwork for the future of tribal and federal Indian law. In 2021, she testified before the U.S. Senate Committee on Indian Affairs in favor of expanded criminal jurisdiction for tribes under the Violence Against Women Act. In part based on her testimony—and the comprehensive report she produced for the National Congress of American Indians—Congress granted tribes the power to prosecute additional crimes under the law.

Her scholarly work is likewise forward looking. Reese’s article “The Other American Law,” published in the Stanford Law Review, calls for enhanced access to tribal laws and court decisions and for the inclusion of tribal law cases in the first-year legal curriculum. Reese is currently working on an article about tribal representation in Congress, one of many unfulfilled promises made by the federal government.

“Tribes don’t have senators and congresspeople. The fact that they’re lumped in with states, which are competing sovereigns for resources and land, has never made sense,” she says. “My work is always thinking about and demanding systems that fully recognize tribal sovereignty. What does that really look like? Some of the things we’re currently fighting about are the bare minimum.”

Engaging Students

Ablavsky and Reese regularly involve students in their research and writing. Several students worked with Ablavsky on his Brackeen amicus brief; Allread helped prepare Reese for her Senate testimony and is a co-author with Ablavsky on “We the (Native) People?: How Indigenous Peoples Debated the U.S. Constitution,” published in the Columbia Law Review .

“Professor Ablavsky has been the most amazing mentor and adviser and supporter,” Allread says. “I was very honored that he asked me to work with him.”

Allread has a piece of his own forthcoming in the Columbia Law Review . The article, which builds on a paper he wrote for a class Ablavsky taught called Law and Empire in U.S. History , returns Oklahoma’s state power argument in Castro-Huerta to its original context: the era of Indian Removal, when tribes were forced from their land to make way for white settlers.

In Reese’s Tribal Law class, students research the law and policies of individual tribes or small groups of tribes that have banded together. Eventually, Reese hopes to make their research accessible to other scholars and practitioners—part of her overriding goal to bring tribal law into the mainstream.

In “The Other American Law,” Reese highlights three case studies showing how tribes—a catchall term first used by the U.S. government to describe precolonial governments that, as she writes, “we ought to call by the names they call themselves ”—have dealt with some of the same kinds of legal questions that other U.S. jurisdictions deal with: criminal procedure, separation of powers, and election law.

“While this article also argues that tribes have much to offer if included in the mainstream, it also suggests that tribes should not need to prove their value to warrant mainstream attention,” she writes. “Instead, they simply belong in the mainstream, alongside our study of the other governments of the United States, because they are also a part of this nation.”

“They give us the opportunity to work with them; we supply the students' time and energy.”

Professor Greg Ablavsky about the policy practicum he launched working with the Yurok Tribe

Outside of the research realm, students have long had the opportunity to work with tribes through Stanford Law School’s clinics, addressing issues that range from religious freedom and equity in education to water rights and protecting sacred lands from development. Ablavsky and Reese have expanded those opportunities through the American Indian and Indigenous Law program.

Several years ago—after a chance meeting with a Yurok official at a conference—Ablavsky created the Yurok Legal Assistance policy practicum. Unlike clinics that work in specific practice areas, the practicum is a partnership in which SLS students assist the Yurok Tribe on any legal questions they have.

“It’s a win-win,” Ablavsky says. “The Yurok Tribe has various kinds of legal research they need help with, but their attorneys don’t always have the capacity to work on longer-term projects. We have a bunch of eager students who are interested in this area of the law and serving Indian country. They give us the opportunity to work with them; we supply the students’ time and energy.”

In the past, students have helped the Yurok with questions about the removal of a dam on the Klamath River, the administration of benefits, and drafting tribal code to encourage economic development, among other topics.

Smith took the practicum as an undergraduate and again as a 1L: “I felt like I was actually doing something meaningful,” she says, “and didn’t have to be trapped in an ivory tower.”

Reese and Ablavsky are proactive in connecting students with other experiential opportunities as well. Allread interned at top Indian law firm Kanji & Katzen; Smith will work at the firm this summer. After a referral from Reese, Emily Bruell, JD ’24, spent most of her 2L year assisting the California Rural Indian Health Board in efforts to access COVID data from counties arguing that the California Information Practices Act prevents them from sharing the data with tribes.

“Obviously this information is critical to managing disease and public health,” Bruell says. “When it comes to the spread of disease, tribes don’t exist in a bubble; they’re very interdependent with surrounding counties.”

There is also plenty of pro bono work for students interested in Indian law. In 2021, Daniel Ahrens, JD ’23, and Sam Becker, JD ’22, co-founded the Native Law Pro Bono Project, in which students partner with two legal aid organizations—the Northwest Justice Project and California Indian Legal Services—to conduct legal research and assist on direct-service projects.

This year, Ella Bohn, JD ’24, has co-led the work with California Indian Legal Services, which has included land improvement projects, prescribed burning for cultural practices, and access to sacred sites located on private lands. For the Northwest Justice Project, students help Native clients draft wills to protect their tribal lands. Students can also work with Yurok Tribe members on their wills through an alternative spring break supported by NALSA and the Stanford Public Interest Law Foundation.

“There are a lot of points of entry for students interested in this area of the law,” Bohn says. “It’s also an area of law where I felt I could really be additive and helpful. There’s a need for good advocates in Indian country.”

Read NALSA: 50 Years of SLS Native Community

Building and Empowering Community

A central component of Stanford’s American Indian and Indigenous Law program is community. A strong support system is imperative in an area of the law in which the government’s past policies have included indiscriminate killing and termination—disbanding tribes and selling their land. After all, for Native students, these cases— Brackeen and Castro-Huerta and countless more dating back to the early 19th century—are tied up with questions about their collective identity, or, as Reese says, the “ability of our communities to thrive and survive.”

“It’s hard because some of these cases are about the Trail of Tears, about, effectively, my tribal community experiencing an act of genocide,” Smith says. “Those are really difficult things to navigate.”

Stanford University has a long history of Native activism and community. The Stanford American Indian Organization, founded in 1970, successfully fought to remove the Indian mascot as the university’s athletic symbol; the Native American Cultural Center opened on campus in 1974. At SLS, Reese and Ablavsky see themselves as facilitating and expanding on that existing community. They make themselves available to students inside and outside of the classroom; they write letters of introduction and recommendation; Reese hosts students at her home for traditional meals.

“They are fantastic human beings,” Smith says. “I know they don’t value me just for my academics; they value me as a person.”

Bohn agrees. “They go out of their way to be really involved with students,” she says. “They are valuable community members in addition to being professors who are really smart.”

Reese says training the next generation of tribal and federal Indian law attorneys is one of the best parts of her work as a professor.

“The law has always been tied up with conquest,” she says. “But it’s also tied up with our sovereignty. The law has done some of the most harmful things to tribes and also ensured some of the most important protections. It is a vital tool, and it is my job to train people in this profession to wield that tool effectively and powerfully.” SL

Rebecca Beyer is a freelance writer and editor in the Boston area.

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Property Rights

Case analysis : Landowners v. State

This article is written by Akshat Sharma, pursuing Certificate Course in Introduction to Legal Drafting: Contracts, Petitions, Opinions & Articles from LawSikho .

Table of Contents

Introduction

On July 3, 2021, the Bombay high court delivered a striking judgement in Bhagauji S/o Nathaji Maind and Ors v. The State of Maharashtra and Ors . case on the issue of construction of a national highway that abides the right to property as per Article 300A of the constitution which describes that a person should not be deprived of his property that has been saved by the authority of law. In this case, Petitioners held agricultural areas adjacent to a National Highway, as well as residential dwellings, wells, fruit trees, a bore-well, and other facilities, all of which were also near to the National Highway. Petitioners stated that they are not opposed to the projected road widening, but that the authority should procure their particular properties as per the due procedure of law. The crucial question upheld here is that whether under Article 300A Property Rights are considered as Human and Constitutional Rights?

The (Forty-fourth Amendment) Act of 1978 was intended to modify the right to property from a basic right to a legal one. This property right, guaranteed by Article 300-A, will be accessible against executive action rather than legislative action. It has been determined that it is both a human and a constitutional right. In this case analysis, we will see that under the guise of industrial growth, no welfare state has the right to expatriate a person and deprive him of his civil liberties.

Facts of the case

The road in question was small earlier and it came to be converted into State Highway without payment of any compensation to the petitioners while expansion of State Highway. The road was known as Jalna-Wadigodri.
The petitioners claim that the current road width is approximately 12 metres. The respondents just issued a letter of award and began expanding the road to 30 metres without having to acquire land.
While converting the small road into Highway No. 176, the authorities failed to initiate acquisition proceedings, depriving the owners of the seized lands of compensation. The respondents have begun a phase-by-phase upgrade of the route in question from Sillod to Wadigodri.
The petitioners are concerned about the Dhangar Pimpri to Wadigodri phase, for which the authorities are attempting to take ownership of their lands by force under the guise of a resolution about nearby road lands that do not require purchase.
State officials, based on the current petitioners, cannot seize a landowner’s property without following correct legal procedures. Since all of the petitioners are in the same situation, the respondent authorities’ action in seizing forceful control of the petitioners’ property for road widening by invoking the Government Resolution breaches Article 300A.
The Central Authorities claim that they are rehabilitating existing highways with the same alignment and bringing them up to National Highway standards, rather than building new roads. The road’s upgrade to the National Highway standard will benefit local farmers by allowing them to transport agricultural produce from remote locations and rural areas to urban areas.
Petitioners are forbidden by the principles of delay and laches, according to the State Authorities. It is also subject to the statute of limitations. The roadwork has also begun and is nearing completion. The remaining work must be completed for the sake of the general public.

Issues raised in the case

The issues that were raised before the high court of Bombay are as follows:

Whether the width of the National Highway No. 753-H is being enhanced by the authorities from 12 to 30 meters, without due process of law?
Whether there is an obligation of compensation under article 300 A?

The State Highway should be 30 metres wide, according to rules. It was a District Road in question. The District Road’s standard width is 12 metres. In 1967, the road in question was designated as a State Highway by a notification dated April 19th. The question arises as to when District Road was designated as a State Highway. Now, let us return to the facts of the issue at hand. Certainly, the road measurement activity will take place in the presence of the petitioners and the respondents/authorities. If the above-mentioned villages’ roads are measured by an appropriate institution under the supervision of the District Collector, Jalna, the disagreement will be resolved. On the other hand, it would make it easier for both parties to reach an amicable agreement on the road’s width.

The bench stated that just supplying maps of specific villages and photocopies of road development plans may not be useful in reaching a decision and recording a decision to that effect, since it would be an error. The Bench additionally stated that the road width varied from 30 metres in some locations to less than 30 metres in others. The Constitution (Forty-Fourth Amendment) Act of 1978 made the right to property no longer a fundamental right, but it remained a human right in a welfare state and a constitutional right under Article 300 A. Article 300 A states that no one’s property can be taken away from them unless they have legal authorization to do so.

The High Court stated that, while the need to pay compensation is not clearly stated in Article 300 A, it could be inferred from it. Depriving people of their immovable property, the High Court ruled, was a blatant breach of Article 21 of the Constitution. It is a well-settled position of law that the right to property is a human right and a person cannot be deprived of his property save by authority of law. The Apex Court declared in Vidya Devi Vs. Himachal Pradesh and Ors (SLP No. 6066/1995) that in a democratic society controlled by the rule of law, the State should not strip a citizen of their property without legal sanction. The state, as a welfare state controlled by the rule of law, cannot bestow upon itself any status other than that which the Constitution grants. Under the guise of industrial growth, no welfare state has the right to uproot a person and deprive him of his fundamental/constitutional/human rights. There should be no arbitrariness in any choice in a society ruled by the rule of law. The High Court ruled that there was no conclusive evidence that the road width was 30 metres and that there was no question of taking petitioners’ estates.

Arguments presented by both parties

It would not be legitimate for the State Government/Central Government Authority to take control of any landowner without following due process of law, according to the petitioners’ learned counsel. The action of the respondent authorities in taking forcible control of the petitioners’ lands to widen the road is a blatant violation of Article 300A of the Indian Constitution.
They argued that under Article 300A of the Indian Constitution, the petitioners are entitled to just compensation. Simply changing the status of the road does not give the government authority to take possession of the nearby landowners’ property without first going through the legal process.
The petitioners contend that the width of the road in question at respective villages is approximately 12 metres, whilst the respondents-authorities have said that the road’s width is approximately 30 metres.
The petitioners’ learned counsel adamantly maintained that the work being done in their communities is aimed at improving the route. Under the guise of road improvement, the government is increasing the width of the road.
Discovered submissions of National Highway and learned Standing Counsel for the Union of India Pleader of the Maharashtra State Government/State Authority, it is claimed that the authorities are not building a new road but rather renovating an existing one. It is the conversion of a state highway to a national highway.
According to the road development plan, the road construction is within 30 metres. Because the road is being upgraded within 30 metres, there is no need for the petitioners to worry about land acquisition. They argued that the petitioners are attempting to recover compensation for property acquired long ago for the conversion of a road into a State Highway.

Summary of court decision and judgement

Based on the foregoing considerations and debate. Conclude that the authorities should provide specific directives to the authorities regarding the measuring of the road in question at respective villages in the presence of both sides. The respondents demographic shall, as soon as possible and preferably within four months, conduct measurements of National Highway No. 753-H (previously known as State Highway No. 176) at villages Shahapur, Dadegaon, Dhakalgaon, and Math Tanda through appropriate authority in the presence of both sides.

If the width of the road in the respective villages is found to be 30 metres at the moment of measurement, the petitioners’ adjacent lands will not be acquired. If the width of the road is less than 30 metres at the moment of measurement, the State and Central authorities must acquire the land under the legislation to the amount necessary by them. In order to avoid any misunderstanding, the road measurement exercise in the above-mentioned villages shall be carried out under the supervision of the District Collector, Jalna.

These writ petitions have been dismissed as a result of the above instruction.

The bench has clearly made the judgement that in a welfare state, statutory authorities are required not merely to provide adequate compensation, but also to rehabilitate those who have been wronged. Non-fulfilment of their obligations would compel the uprooted persons to become vagabonds or engage in anti-national activities, as such emotions would be fostered in them as a result of their mistreatment. This expression has clearly safeguard their civil rights. The Apex Court held in the case of Pradyumna Mukund Kokil vs. State of Maharashtra and others, reported in 2015 (4) All M.R. 983 , that it would not be proper for a government body or any State authority to take possession of someone’s land without following due process of law, and that even if a citizen has given permission for his land to be used by the government authority, the authority should not do so.

Analysis of the judgment

The government or state authorities cannot seize a landowner’s property without following proper legal procedures. Article 300A of the Constitution states that no one’s property can be taken away from them unless they have legal authorization to do so. The action taken by the respondent authorities in taking forced control of the petitioners’ lands for road widening by demonstrating the Government Resolution is in violation of Article 300A.
The Constitution (Forty-Fourth Amendment) Act of 1978 made the right to property no longer a fundamental right, although it remained a human right in a welfare state and a constitutional right under Article 300A of the Constitution. Article 300A states that no one’s property can be taken away from them unless they have legal authorization to do so. The state cannot take a citizen’s property unless it follows the legal procedure.
When and how the delay originated, as well as the breach of fundamental right and the remedy sought. It’s not that the courts can’t exercise their powers under Article 226 after a certain amount of time has passed, nor that there can never be a circumstance where the courts can’t intervene in a matter after a particular amount of time has passed. In some cases, the desire for justice may be so strong that the High court is compelled to intervene notwithstanding the delay. Finally, it would be a matter for the court’s discretion, which must be applied honestly and justly in order to promote justice rather than to thwart it.
The respondents/authorities are undoubtedly bound to conform to the rule of law. In a society regulated by rule of law, there should not be arbitrariness in any decision. In relevant instances, the courts must employ their extraordinary writ jurisdiction under the Indian Constitution to prevent the State Authorities from acting arbitrarily.

It can be concluded that there should be no arbitrariness in any decision in a society governed by the rule of law. There was no conclusive evidence in this case that the road width was 30 meters, and there was no discussion of acquiring petitioners’ lands. They are expected to be model litigants, respecting petitioners’ rights and following proper legal procedures when the property is likely to be acquired. It would be improper for a government body or any state authority to take possession of someone’s land without following due process of law, and even if a citizen has given permission for his land to be used by the government authority, the authority should not take undue advantage of that permission when compensating the citizen when the land is acquired.

https://bombayhighcourt.nic.in
https://www.scconline.com
https://indiankanoon.org

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Famous Cases under Company Law

Landmark cases under company law, salomon v salomon & co. ltd[1], royal british bank v turquand[2], cyrus investments pvt. ltd. & anr. v. tata sons ltd.& ors[3], tata consultancy services limited v. cyrus investments pvt. ltd.[4], ak bindal vs union of india[5], sri gopal jalan & co. v. calcutta stock exchange association ltd[6], seth mohan lal v. grain chambers ltd[7], shanti prasad jain v. kalinga tubes ltd[8], recent cases under companies act, 2013.

https://www.lawyersclubindia.com/articles/landmark-judgments-of-corporate-law-13988.asp
https://www.mondaq.com/india/shareholders/1077784/some-recent-trends-in-oppression-mismanagement-cases-under-the-companies-act-2013
https://www.studocu.com/in/document/guru-nanak-dev-university/bachelor-of-law/sp-jain-vs-kaliga-ltd-case-law-of-company-law/16610619
UKHL 1, AC 22
6 E&B 327
2017 SCC OnLine NCLAT 261
2017 SCC Online SC 272
(2003) 5 SCC 163
1964 AIR 250
1968 AIR 772
AIR 1965 SC 1535
2021 SCC OnLine NCLAT 123
Company Appeal (AT) No. 25 of 2018
Civil Appeal No. 9340 of 2019
Company Appeal (AT) 389 of 2018
Company Appeal (AT) 190 of 2019

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Top 10 Most Interesting Indian Court Cases to know

10. ina trials.

INA (Indian National Army) was a force that comprised of Indian Prisoners of War abroad, and was formed by Subhash Chandra Bose to secure India’s independence from the British. When it was disbanded, INA’s top officers were tried by the British on charges of Sedition etc. The Indian National Congress decided to form a team of legal stalwarts to prepare a thorough legal defense for the officers. Lord Wavell India’s then Viceroy, promulgated an ordinance with retrospective effect to confer jurisdiction on court-martials in cases related to PoW’s.

The pinnacle of this trial was the legal ingenuity demonstrated by Bhulabhai Desai. Desai’s primary argument was that Bose had formed a provisional government of India, and since the Axis powers had recognized that government, the officers of the INA were representing their country, and not a rebel force. Thus, Desai argued, the municipal law in this case, the Indian Penal Code was not applicable and they ought to be tried under International Law. He placed enormous evidence on record to establish that the INA was representing the Indian State; and thus, the officers were acting in furtherance of their duty as India and Great Britain were at war. Even though he lost the case, he earned his place in the pantheon of legends.

9. The Ayodhya Cases

One of the most controversial cases in Indian constitutional history is the Ayodhya case. The first case was filed in January 1885 by Mahant Raghubir Das seeking permission to construct a temple on the chabutara (a raised platform) outside the Babri Masjid was dismissed. The mandir-masjid issue then remained in suspended animation until the night of December 22, 1949, when trespassers broke into the Babri Masjid and installed an idol of Ram. Subsequently, the city magistrate attached the premises. In the next 12 years, four title suits followed (all still pending before the courts). These include the one filed in December 1950 by Mahant Ramchandra Das Paramhans, who is now the chairman of the Ram Janmabhoomi Nyas and another by the Sunni Central Boards of Waqfs, UP, in December 1961. All the four suits were clubbed together and brought before the Allahabad High Court, which began recording oral evidence in July 1996.

8. Bhawal case – The Princely Imposter

The Bhawal Sanyasi case has been one of the strangest among judicial cases in British India. In the Hindu way of life, a Sanyasi is a person who has taken ‘Sanyas’, or entered the final stage of his life in which he is to seek the Truth and turn his back upon the material word. In more popular parlance, any garden-variety sadhu or mendicant may be called a sanyasi. Bhawal was a large zamindari near Dacca (now Dhaka, Bangladesh). It was, as with the case of many similar Zamindaries, closely supervised by the British bureaucracy. It had an Englishman as a manager. After the Zamindar died, it passed to his three sons. All led lives of ease. The second son, Ramendra, died in Darjeeling in 1905, apparently due to syphilis, and was believed to have been cremated. He left his widow, Bibhavati, behind him. Several years later, in 1921, a Sadhu appeared in Dacca. Soon people noticed many resemblances between him and the supposedly dead Ramendra. Jyotirmayee, one of his sisters was convinced that the sadhu was indeed her brother. Several educated Indians too were convinced of his identity. The British official world, on the other hand, looked upon him as a pretender. Bibhavati refused to accept him as her husband. The claimant (sadhu) claimed his 1/3rd share from the revenues of the zamindari. The Court of Wards which was administering the zamindari refused the claim and the matter went to the court. From the very beginning there was a clear division between the British officialdom and the Bengali elite, the latter siding with the claimant. The claimant filed a suit in 1930.

The judgment in the first trial went in favor of the claimant. The Court of Wards appealed to the Calcutta High Wards. After some delay caused by the Second World War, which kept one of assigned judges stranded in London, the High Court too found in favor of the claimant in 1940. Bibhavati appealed to the Privy Council in London. The Privy Council ruled in favor of the claimant on July 30, 1946. The judgment was telegraphed to Calcutta the next day.

That very day the winner/claimant went to the Kali temple to offer prayers upon his victory and suffered a stroke there. He died two days later, which, according to Bibhavti, was the divinely ordained punishment for the imposter.

7. ADM Jabalpur v Shivakant Shukla Case, 1976

ADM Jabalpur V Shivkant Shukla is one of the landmark cases in Indian constitutional history. Its judgment came on 28th April 1976. This day is known to be the blackest day of India’s constitutional history. Right to move to any court for enforcement of any right conferred by Articles 14, 21 and 22 was suspended during the emergency of 1975 by a presidential order. The maintainability of this order was challenged in this case. Several high courts held it not maintainable while Supreme Court’s 4 judges out of 5 declared otherwise and concluded it to be maintainable and valid exercise under emergency provisions of Indian constitution. Anybody who was sought to be a political threat was detained without trial and sent to prison under the MISA, a preventive detention act on the ground of maintaining the internal security in the country. This was case where an attorney general of India wrote, Even if life was taken away illegally, courts are helpless. For the disagreeing opinion, H. R. Khanna J lost his possibility of becoming the C.J. of India when he was the senior most person eligible for it. His Junior Beg J. became instead. P.N. Bhagwati J pleads guilty for the judgement of this case after 30 years

6. Himmat Lal Shah v. Commissioner of Police, 1973

This case was recently referenced in the Anna Hazare anti-corruption movement when Section 144 of the IPC (unlawful assembly) was imposed by the Delhi Police and the lawyer team of Shanti and Prashant Bhushan argued successfully in the Supreme Court over the unconstitutional nature of this action. The original case dealt with a common citizen’s right to hold public meetings on streets and the extent to which the state could regulate this right. Freedom of expression and assembly is an essential element of democratic system. At the root of this system lies the citizens’ right to meet face to face to discuss problems social, religious or political. This right was upheld in this case.

5. The Shah Bano Case, 1985

Shah Bano, a 62 year old woman from Indore was divorced by her husband in 1978. Unable to support herself and her five children, she moved to courts to be granted maintenance from her ex-husband. Seven years and several judgments later, the Supreme Court ruled in favor of granting Shah Bano alimony. Largely seen as a threat to Sharia law by some Muslims, what followed a debate over the constitutionality of including different marriage and personal laws for different religion, and resulted in the passing of the Muslim Women (Protection of Rights on Divorce) Act, 1986, by the government.

The case was significant for several reasons. In giving its judgment, the Court ordered maintenance with an upper limit of Rs. 500 monthly, under Section 125 of the Code of Criminal Procedure, 1973, which applies to all citizens regardless of caste or religion. Although seen by many as a secular judgment, it invoked a strong reaction from the Muslim community, which felt that the judgment was an encroachment on Muslim Sharia law. The backlash from the Muslim community prompted the government to begin parliamentary procedures that, in essence, overturned the Supreme Court’s decision. The Muslim Women Act, 1986, was passed amidst great controversy and debate. Many argued that it was a way to appease the minority group that was threatening agitation.

Shah Bano’s case brought the need for a secular Uniform Civil Code into the limelight again. To date, however, individual Personal Laws based on religion are still in effect. The case remains a ground-breaking one in Indian divorce law and is often used as a benchmark by the courts.

4. State of Uttar Pradesh vs. Raj Narain, 1975

Ruling on the case that had been filed by the defeated opposition candidate Raj Narain, Justice Jagmohanlal Sinha declared then-PM Indira Gandhi guilty of electoral malpractices, invalidated her win from Rae Bareilly and barred her from holding elected office for six years. The decision caused a political storm in India that led to the imposition of a state of emergency by Indira’s government from 1975 to 1977. The decision had galvanized opposition parties and strikes by labour and trade unions, student unions and government unions swept across the country. Protests led by Jayaprakash Narayan and Morarji Desai flooded the streets of Delhi close to the Parliament building and the Prime Minister’s residence. The government argued that the political disorder was a threat to national security. Using the sweeping powers granted by the Emergency decree, thousands of opposition leaders and activists were arrested, press censorship was introduced and elections were postponed. During this period, Indira Gandhi’s Congress (R) used its parliamentary majority to amend the Indian Constitution and overwrite the law that she was later found guilty of violating.

3. Kesavananda Bharati vs State of Kerala, 1973

This case is now known as the case that saved the Indian democracy. On April 24, 1973, Chief Justice Sikri and 12 judges of the Supreme Court assembled to deliver the most important judgment in its history. The hard work that had gone into the preparation of this case was breathtaking. Literally hundreds of cases had been cited and the then Attorney-General had made a comparative chart analyzing the provisions of the Constitutions of 71 different countries. All this effort was to answer just one main question: “was the power of Parliament to amend the Constitution unlimited?” In other words, could Parliament alter, amend, abrogate any part of the Constitution even to the extent of taking away all fundamental rights? The judgment revealed a sharply divided court and, by a wafer-thin majority of 7-6, it was held that Parliament could amend any part of the Constitution so long as it did not alter or amend “the basic structure or essential features of the Constitution.” This was the inherent and implied limitation on the amending power of Parliament. This basic structure doctrine, as future events showed (Indira Gandhi attempting to hijack Indian democracy), saved Indian democracy and Kesavananda Bharati will always occupy a hallowed place in our constitutional history.

2. K. M. Nanavati vs State of Maharashtra, 1959

This was a high-profile upper class crime of passion, where Kawas Manekshaw Nanavati, a Naval Commander, was tried for the murder of Prem Ahuja, his wife’s lover. The incident received unprecedented media coverage and Nanavati was at the receiving end of a huge amount of public and community support. Nanavati was initially declared not guilty 8-1 by a jury, but the verdict was dismissed by the Bombay High Court on referral and the case was retried as a bench trial. Nanavati was convicted of culpable homicide and sentenced to life imprisonment. This case was the last to be heard as a jury trial in India, as the government abolished jury trials as a result of the case. Many see this as a progressive step in our justice system as decisions of juries are often colored by societal values and norms. On the side note, Ram Jethmalani, now a prominent lawyer and BJP politician, conducted the prosecution in what was one of his first high-profile cases.

1. Lal Bihari, The Undead Indian

In 1976, when a teenager named Lal Bihari approached a bank to approve a loan, he was informed that he was actually dead. It took Lal Bihari 18 years to get his life and his land back. During that time, he added the word Mritak or Dead, to his name and to prove that he was alive sought arrest, tried to run for parliament, kidnapped the son of his uncle, who had stolen his property, threatened murder, insulted judges, threw leaflets listing his complaints at legislators in the state assembly and demanded a widow’s pension for his wife. Each time he was either beaten up by police or rebuked for wasting officials’ time. Unable to make headway, Lal Bihari, The Dead sought the company of other ghosts in Uttar Pradesh and found an entire underworld of the deceased and dispossessed. It was only in 1994, 18 years after being declared dead, that Azamgarh district magistrate, a Hausla Prasad Verma, declared Lal Bihari finally alive once again and also returned his land to him.

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DOI: 10.36676/ijl.v2.i3.31
Corpus ID: 270903217

White collar crime identification in India: A Critical study

Aarav Singhania
Published in Indian Journal of Law 1 July 2024
Law, Sociology
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The Supreme Court Is Not Done Remaking America

Some of the rulings that came before the justices’ decision on presidential immunity could prove to have just as big an impact..

This transcript was created using speech recognition software. While it has been reviewed by human transcribers, it may contain errors. Please review the episode audio before quoting from this transcript and email [email protected] with any questions.

From “The New York Times,” I’m Michael Barbaro. This is “The Daily.”

When the Supreme Court wrapped up its term last week, much of the focus was on the ruling that gave Donald Trump sweeping immunity from criminal prosecution. But as my colleague Adam Liptak explains, a set of rulings that generated far less attention could have just as big an impact on American government and society.

It’s Monday, July 8.

Adam, welcome back. It hasn’t been very long, but we want to talk to you about the rest of the Supreme Court’s decisions that happened over the past few weeks, the rest meaning the non-Trump decisions. There were a lot of other cases, many of which we covered on the show over the past year, but we haven’t yet talked about where the justices landed as they issued their rulings on these cases over the past few weeks. So I wonder if you can walk us through some of the bigger decisions and what, taken as a whole, this entire term really means. So where should we start?

Well, this term had so many major cases, Michael, on so many important issues touching all aspects of American politics and society, that it’s a little hard to know where to start. But I think one way to think about the term is to ask, how much is this a 6-3 court? There are six conservatives in the majority, the three liberal justices in dissent. Are we going to get that kind of classic lineup time after time after time?

And one way to start answering that question is to look at two areas which are kind of part of the court’s greatest hits, areas where they’ve done a lot of work in the last few terms — guns and abortion.

OK, let’s start with guns.

The court had two big guns cases. One of them involved the Second Amendment and broke 8 to 1 against Second Amendment rights. Only Justice Clarence Thomas, the most avid supporter of gun rights, was in dissent. So let me tell you just a little bit about this case.

There’s a federal law that says people subject to domestic violence restraining orders, it’s a crime for them to have guns. A guy named Zackey Rahimi was subject to such a domestic violence restraining order, but he goes to court and says, this law violates my Second Amendment rights. The Second Amendment protects me and allows me to have a gun even if I’m in this status.

And that goes to the Supreme Court. And the way the Supreme Court analyzes this question is it looks to a test that it established only a couple of years ago, in 2022, which said you judge the constitutionality of gun control laws using history. You kind of go back in time and you see whether the community and the founding era disarmed people in the same way that the current law disarms people.

And you might think that actually, back in the 1700s, there were no such things as domestic violence restraining orders. So you might think that the answer is, this contemporary law is unconstitutional. But Chief Justice John Roberts, writing for an eight-justice majority, says, no, that’s not quite right. We’re going to kind of roll back the specificity of the test and look at very general principles. Can you disarm dangerous people back then? And if you can do that, then you can disarm Rahimi, even under this law that the founding generation could not have contemplated.

That’s really interesting. So the court, its conservative majority especially, seems to be saying that our last big decision made it too hard to regulate guns. We need to fix that. So we’re going to search really hard for a way to make sure that somebody with a restraining order for domestic abuse can’t legally have a gun.

Right. On the other hand, there was a second guns case, not involving the Second Amendment, but posing an important issue. The question in the case was whether the Trump administration was allowed to enact a gun control regulation in 2017 after the Las Vegas shooting in which, at an outdoor music festival, a gunman killed 58 people, wounded 500 more.

And the Trump administration, prompted by this massacre, they issue a regulation that tries to outlaw bump stocks. What are bump stocks? They’re devices that turn semi-automatic weapons into weapons that can fire at rates approaching a machine gun. And drawing on the authority of a 1934 law which bans, for the most part, civilian ownership of machine guns, it said bump stocks are basically the same thing, and we will, by regulation, outlaw them.

And the question for the court was, did the 1934 law authorize that? And here — and this is a typical split on this kind of stuff — the majority, the conservative majority, takes a textualist approach. It bears down on the particular words of the statute. And Justice Thomas looks at the words that Congress said a machine gun is one where a single function of the trigger causes all of these bullets to fly. And a bump stock, he said, is not precisely that. Therefore, we’re going to strike down this regulation.

So how do you reconcile these two divergent gun rulings, one where the court works really hard to allow for gun restrictions in the case of domestic abusers, and another where they seem to have no compunction about allowing for a bump stock that I think most of us, practically speaking, understand as making a semiautomatic weapon automatic in the real world?

I think the court draws a real distinction between two kinds of cases. One is about interpreting the Constitution, interpreting the Second Amendment. And in that area, it is plowing new ground. It has issued maybe four major Second Amendment cases, and it’s trying to figure out how that works and what the limits are. And the Rahimi case shows you that they’re still finding their way. They’re trying to find the right balance in that constitutional realm where they are the last word.

The bump stocks case doesn’t involve the Constitution. It involves an interpretation of a statute enacted by Congress. And the majority, in those kinds of cases, tends to read statutes narrowly. And they would say that that’s acceptable because unlike in a constitutional case, if it’s about a congressional statute, Congress can go back and fix it. Congress can say whatever it likes.

Justice Samuel Alito said, in the bump stocks case, this massacre was terrible, and it’s a pity Congress didn’t act. But if Congress doesn’t act, a regulator can’t step in and do what Congress didn’t do.

That’s interesting, because it suggests a surprising level of open-mindedness among even the court’s most conservative justices to an interpretation of the Constitution that may allow for a greater level of gun regulation than perhaps we think of them as being interested in.

Yeah. When we’re talking about the Constitution, they do seem more open to regulating guns than you might have thought.

OK. You also mentioned, Adam, abortion. Let’s talk about those decisions from this court.

So the Court, in 2022, as everyone knows, overturned Roe v. Wade, eliminated the constitutional right to abortion. But in two cases this term, they effectively enhanced the availability of abortion.

One of them involves emergency rooms. There’s a federal statute that says that emergency rooms that receive federal money have to treat patients and give them stabilizing care if they arrive in the emergency room. That seems to conflict with a strict Idaho law that prohibits abortions except to save the life of the mother.

The court agrees to hear the case, it hears arguments, and then it dismisses the case. It dismisses it as improvidently granted, which is judicial speak for “never mind.” But it’s very tentative. The court merely dismissed the case. It said it was too early to hear it. They’re going to look at it later. So it’s a very tentative sliver of a victory for abortion rights.

But nonetheless, the effect of this is to suspend the Idaho law, at least to the extent it conflicts with the federal law. And it lets emergency abortions continue. Women in Idaho have more access to emergency abortions as a consequence of this decision than if the court had gone the other way.

And of course, the other abortion case centered on the abortion pill, mifepristone.

Right. And that pill is used in a majority of abortions. And the availability of that pill is crucial to what remains of abortion rights in the United States. Lower courts had said that the Food and Drug Administration exceeded its authority in approving these abortion pills. And the case comes to the Supreme Court.

And here, again, they rule in favor of abortion rights. They maintain the availability of these pills, but they do so, again, in a kind of technical way that does not assure that the pills will forever remain available. What the court says, merely — and unanimously — is that the particular plaintiffs who challenged the law, doctors and medical groups who oppose abortion, didn’t have standing, hadn’t suffered the sort of direct injury, that gave them the right to sue.

And it got rid of the case on standing grounds. But that’s not a permanent decision. Other people, other groups can sue, have sued. And the court didn’t decide whether the FDA approval was proper or not, only that the lawsuit couldn’t go forward. And here, too, this case is a victory for abortion rights, but maybe an ephemeral one, and may well return to the court, which has not given an indication of how it will turn out if they actually address the merits.

Got it. So this is a court, the one you’re describing in these rulings, acting with some nuance and some restraint?

Yeah, this picture is complicated.

This is not the court that we’re used to thinking about. There are a lot of crosscurrents. There are a lot of surprises. And that was true, in those cases, on big issues, on guns and abortion. But in another set of cases, the court moved aggressively to the right and really took on the very power and structure of the federal government.

[MUSIC PLAYING]

We’ll be right back.

So Adam, tell us about these cases where the court was less nuanced, less, perhaps, judicious, and really tried to move aggressively to the right and take on the power of government?

So it’s been a long-term goal of the conservative legal movement to weaken the power of regulators, of taking on what they call the administrative state. And this term, the court really vindicated that decades-old project primarily by overruling the foundational precedent in this area, a precedent that gave expert agencies the power to interpret federal laws and enact regulations to protect consumers, investors, all manner of people.

And the court overruled that decision called Chevron. It was as important as the court, two years ago, overruling the right to abortion, one year ago, overruling affirmative action in higher education. This decision will reshape the way the federal government does its work.

Right. And Adam, as I recall, because we did a whole episode about this with you, Chevron created a framework whereby if a law has any ambiguity about how it’s supposed to play out, that the experts within the federal government, within the EPA or the FDA, you name the agency, that we collectively defer to them and their wisdom, and that that becomes the basis for how these laws get interpreted and carried out.

That’s right. And if you think about it, Michael, Congress can’t anticipate every circumstance. Congress will, on purpose sometimes, and inevitably at other times, leave gaps in the law. And those gaps need to be filled by someone. And the choice that the Chevron decision made was to say, we’re going to let the expert regulator fill in those gaps. If there are ambiguities in statutes, the reasonable interpretation of the regulator will get deference from courts.

Experts, not judges, will decide this matter, is what Chevron said 40 years ago. And it’s really hard to overstate the consequences of overruling Chevron. It will open countless, countless regulations to judicial challenge. It may actually kind of swamp the courts. The courts have relied very heavily on Chevron to make difficult decisions about complicated stuff, questions about the environment, and food safety, and drugs, and securities, questions that really often require quite technical expertise.

So what was the court’s rationale for changing that Chevron framework that’s been in place for so long?

What the six-justice majority opinion written by Chief Justice Roberts says is that Chevron was a wrong turn from the outset, that unelected bureaucrats should not be empowered to say what the law means, that that’s the job of judges. So it moves from the expert agency to federal judges the determination of all sorts of important issues. And it probably has the effect of deregulating much of American society.

I mean, in the old world, the regulator had a thumb on the scale. The regulator’s interpretation of an ambiguous statute was the one that counted. And now, the judge will have a fresh look at it. That doesn’t mean that, in every case, the challenger wins, and in every case, the regulator loses. But it shifts the balance and it makes challenges more likely to succeed.

Where else did we see this instinct by the court to challenge the government’s authority in this term?

So right after the court overturns Chevron, it issues a second decision that really amplifies the power of that decision, because it says that challenges can be brought not only in the usual six-year statute of limitations from when a regulation is issued, but six years from when it first affects a company.

And bear with me, because that’s a big difference. If I start a company tomorrow, I have six years to sue over a regulation that affects it, even though that regulation may have been in place for 30 years. So it restarts the clock on challenges, and that one-two punch, both of them decided by 6-3 majorities, go even further in reshaping the ability of the federal government to regulate.

I just want to be sure I understand something. So in the past, let’s say the Clean Water Act was passed in the 1970s. Under the old statute of limitations, a company could sue and say that regulation is a problem for six years. But you’re saying a new company formed right now could go back and sue over something in a 30 - or 40-year-old law and how it’s being interpreted. In other words, this ruling means there really isn’t a statute of limitations on challenging these regulations any longer.

That’s right. And it’s not as though you can’t form a company just for the purpose of litigation. I mean, it completely opens up the ability of industries, trade groups just to set up a trivial nothing company that will then be said to be affected by the regulation and then can sue from now until the end of time.

And the liberal justices sure understood what was happening here, that this one-two punch, as Justice Ketanji Brown Jackson wrote in dissent, was a catastrophe for regulators. She wrote, “At the end of a momentous term, this much is clear — that tsunami of lawsuits against agencies that the court’s holdings in this case have authorized has the potential to devastate the functioning of the federal government.”

It’s a pretty searing warning.

Yeah. I mean, talking about regulations and administrative law might put some people to sleep, but this is a really big deal, Michael. And as if those two cases were not a substantial enough attack on the federal government’s regulatory authority, the court also issues a third 6-3 decision undoing one of the main ways that regulators file enforcement actions against people who they say have violated the law.

They don’t always go to court. Sometimes, they go to administrative tribunals within the agency. The court says, no, that’s no good. Only courts can adjudicate these matters. So it’s just another instance of the court being consistently hostile to the administrative state.

Adam, all three of these decisions might sound pretty dangerous if you have a lot of confidence in the federal government and in the judgments of regulators and bureaucrats to interpret things. But if you’re one of the many Americans who doesn’t have a whole lot of faith in the federal government, I have to imagine all of these rulings might seem pretty constructive.

That’s an excellent point. Lots of people are skeptical of regulators, are skeptical of what they would call the deep state, of unelected bureaucrats, of even the idea of expertise. And so for those people, this is a step in the right direction. It’s taking power away from bureaucrats and handing it to what we would hope are independent, fair-minded judges.

What does seem clear, Adam, is that even though this episode was supposed to be about the rest of the Supreme Court’s rulings this year, the less sexy-sounding decisions than Trump and immunity and how much power and protection all future presidents have, the rulings that you’re describing around the government’s administrative power, they seem like they’re going to have the greatest long-term impact on how our government functions, and in a sense, what our society looks like.

Well, the biggest case of the term is obviously the Trump immunity case. That’s a decision for the ages. But close behind these decisions, reshaping the administrative state and vindicating a long-held goal of the conservative legal movement going back to the Reagan administration, that the Federalist Society, the conservative legal group, has been pushing for decades, and really unraveling a conception of what the federal government does that’s been in place since the administration of Franklin Delano Roosevelt and his New Deal.

So as much as we’ve been talking about other cases where the court was tentative, surprising, nuanced in the biggest cases of the term, all delivered by six to three votes, all controlled by the conservative supermajority, the court was not nuanced. It was straightforward, and it reshaped American government.

In the end, a hard right court is going to, no matter how much it might deviate, operate like a hard right court.

Yes, Michael. It’s possible to look at the balance of the decisions and draw all kinds of complicated conclusions about the court. But when you look at the biggest cases, the picture you see is a conservative court moving the law to the right.

Well, Adam, thank you very much. We appreciate it.

Thank you, Michael.

Here’s what else you need to know today. “The Times” reports that four senior Democratic house members have told colleagues that President Biden must step aside as the party’s nominee over fears that he is no longer capable of winning. They include the top Democrats on the House Judiciary Committee, the Armed Services Committee, and the Veterans Affairs Committee.

Those top Democrats joined five rank and file House Democrats who have publicly called for Biden to step down. The latest of those was representative Angie Craig of Minnesota, who represents a swing district in the state. In a statement, Craig said that after watching Biden in the first debate, quote, “I do not believe that the president can effectively campaign and win against Donald Trump.” Senate Democrats remain largely quiet on the question of Biden’s future.

Now, you probably heard, I had a little debate last week. I can’t say it was my best performance.

In several appearances over the weekend, Biden acknowledged the growing skepticism of his candidacy —

Well, ever since then, there’s been a lot of speculation. What’s Joe going to do?

— but emphatically rejected the calls to step aside.

Well, let me say this clearly as I can. I’m staying in the race.

And in a surprise electoral upset, France’s political left was projected to win the largest number of seats in the National Assembly after the latest round of voting. The anti-immigrant far right had been expected to make history by winning the most seats, but a last-minute scramble by left wing parties averted that result.

Today’s episode was produced by Rikki Novetsky, Shannon Lin, and Rob Szypko. It was edited by Devon Taylor and Lisa Chow. Contains original music by Dan Powell and Sophia Lanman, and was engineered by Chris Wood. Our theme music is by Jim Brunberg and Ben Landsverk of Wonderly.

That’s it for “The Daily.” I’m Michael Barbaro. See you tomorrow.

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When the Supreme Court wrapped up its term last week, much of the focus was on the ruling that gave former President Donald J. Trump sweeping immunity from criminal prosecution. But another set of rulings that generated less attention could have just as big an impact on American government and society.

Adam Liptak, who covers the Supreme Court for The Times, explains.

On today’s episode

Adam Liptak , who covers the Supreme Court for The New York Times and writes Sidebar, a column on legal developments.

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In a volatile term, a fractured Supreme Court remade America .

Here’s a guide to the major Supreme Court decisions in 2024 .

In video: How a fractured Supreme Court ruled this term .

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The Daily is made by Rachel Quester, Lynsea Garrison, Clare Toeniskoetter, Paige Cowett, Michael Simon Johnson, Brad Fisher, Chris Wood, Jessica Cheung, Stella Tan, Alexandra Leigh Young, Lisa Chow, Eric Krupke, Marc Georges, Luke Vander Ploeg, M.J. Davis Lin, Dan Powell, Sydney Harper, Mike Benoist, Liz O. Baylen, Asthaa Chaturvedi, Rachelle Bonja, Diana Nguyen, Marion Lozano, Corey Schreppel, Rob Szypko, Elisheba Ittoop, Mooj Zadie, Patricia Willens, Rowan Niemisto, Jody Becker, Rikki Novetsky, John Ketchum, Nina Feldman, Will Reid, Carlos Prieto, Ben Calhoun, Susan Lee, Lexie Diao, Mary Wilson, Alex Stern, Sophia Lanman, Shannon Lin, Diane Wong, Devon Taylor, Alyssa Moxley, Summer Thomad, Olivia Natt, Daniel Ramirez and Brendan Klinkenberg.

Our theme music is by Jim Brunberg and Ben Landsverk of Wonderly. Special thanks to Sam Dolnick, Paula Szuchman, Lisa Tobin, Larissa Anderson, Julia Simon, Sofia Milan, Mahima Chablani, Elizabeth Davis-Moorer, Jeffrey Miranda, Maddy Masiello, Isabella Anderson, Nina Lassam and Nick Pitman.

Adam Liptak covers the Supreme Court and writes Sidebar, a column on legal developments. A graduate of Yale Law School, he practiced law for 14 years before joining The Times in 2002. More about Adam Liptak

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Indian Kanoon
Indian Kanoon - Search engine for Indian Law. Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query ( Query Alert Service ). Try out our Premium Member Services -- Sign up today and get free trial for one month.
40 Important Judgments that Transformed India
Union Carbide Corporation vs Union of India: The Bhopal Gas Tragedy Case (1989) I.R.Coelho vs the State of Tamil Nadu and Others: The I. R. Coelho Case (2007) People's Union for Civil Liberties (PUCL) vs Union of India: The Nota Case (2013): Manoharl Lal Sharma vs Narendra Damodardas Modi: The Rafale Case (2018) M Siddiq vs Mahant Suresh Das: The Ayodhya Case (2019)
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Bhawal Case (1921-1946) One of the most peculiar identity cases of that time, it revolves around a possible pretender who affirmed to be the prince of Bhawal Estate, largest zamindari estate of Bengal. Ramendra, a kumar of Bhawal estate died in early 1900, but there was tittle-tattle among people that he was not really dead.
10 Landmark Judgments Every Indian Should Know About
Shayara Bano V. Union of India (Triple Talaq Case) ... Union of India, the Hon'ble Law Minister Shri Ravi Shankar Prasad took an initiative to present the Triple Talaq Bill before the Lower House, Lok Sabha, which was passed by a majority by the Lower house on December 28, 2017. The Statement of Objects and Reasons of the Bill notes that the ...
Manish Kumar vs Union Of India on 19 January, 2021
40. Mere right to take advantage of a statute is not a vested right. In this regard, the following case law is relied upon: i. Director of Public Works and another v. Ho Po Sang and Others32; ii. M.S. Shivananda v. Karnataka State Road Transport Corporation and others33; iii. Lalji Raja and Sons v. Hansraj Nathuram34; iv.
India Law Research
Introduction to Researching the Law of India. The Sovereign, Democratic, and Republic state of India (also known as Bharat) has been a free nation since it declared its independence from British rule in 1947. It adopted its constitution on January 26,1950. In addition to outlining the powers of the branches of government, the constitution ...
10 Cases that Shaped India in 2018
Below, find links to the #10 Cases that Shaped India in 2018: Constitutionality of Aadhaar Act ( K.S. Puttaswamy v. Union of lndia) Sabarimala Temple Entry ( Indian Young Lawyers Association v. State of Kerala) Constitutionality of Section 377 ( Navtej Johar v. Union of India) Arrested Activists ( Romila Thapar v.
Indian Law Review
Indian Law Review is an academic-led, double anonymized peer-reviewed, generalist journal on the laws of the Indian subcontinent. The objects and purposes of the Journal are: ... Courts, mining conflicts, and Adivasi rights: a case study from central India (2000-2022) Kriti Sharma. Article | Published online: 6 Jun 2024
Indian Law Review: Vol 8, No 1 (Current issue)
Explore the current issue of Indian Law Review, Volume 8, Issue 1, 2024. Browse; Search. Close search. ... the Supreme Court's judgement in the hijab ban case. Faiza Rahman. Pages: 104-117. Published online: ... mining conflicts, and Adivasi rights: a case study from central India (2000-2022) Kriti Sharma.
(PDF) Law in Context: Case Studies from India
Humboldt- Universität zu Berlin ISBN: 978-3-86004-324-. Law in C ontext: Case Studies from India. T ANJA HERKLOTZ & SARAH HOLZ. [email protected]. [email protected]. An ...
Landmark Judgments
13 Landmark Decisions in Indian Tort Law; 10 Landmark Cases on Muslim Law. ... (Habeas Corpus Case) Air India v. Nargesh Meerza (1981) AK Gopalan v. State of Madras (1950) Amar Nath Sehgal v. Union of India (2005) ... Legal Bites Study Materials correspond to what is taught in law schools and what is tested in competitive exams. It pledges to ...
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PDF Case Study On: Subrat Roy Sahara V/S Union of India and Ors
An Open Access Journal from The Law Brigade (Publishing) Group 113 LAW & POLITICAL REVIEW Annual Volume 5 - ISSN 2581 7191 2020 Edition www.thelawbrigade.com CASE STUDY ON: SUBRAT ROY SAHARA V/S UNION OF INDIA AND ORS. Written by Archita Tiwari Final year LL.M. Student, Dharmashastra National Law University ABSTRACT
Landmark Cyber Law cases in India
To fully understand the scope of the Cyber Law regime, it is pertinent to refer to the following landmark Cyber Law cases in India: Shreya Singhal v. UOI [2] In the instant case, the validity of Section 66A of the IT Act was challenged before the Supreme Court. Facts: Two women were arrested under Section 66A of the IT Act after they posted ...
Fighting for the Future of Indian Law
Federal Indian Law is now offered every year, taught by Ablavsky or Reese (in one recent quarter, it was the highest enrolled class at the law school). In addition, Ablavsky created a policy practicum—Federal Indian Law: Yurok Legal Assistance—in which students work with the tribal attorneys of the largest federally recognized Native nation in California on issues ranging from water rights ...
Case analysis : Landowners v. State
Introduction. On July 3, 2021, the Bombay high court delivered a striking judgement in Bhagauji S/o Nathaji Maind and Ors v. The State of Maharashtra and Ors. case on the issue of construction of a national highway that abides the right to property as per Article 300A of the constitution which describes that a person should not be deprived of his property that has been saved by the authority ...
M/S S. S. Industries vs Union Of India on 24 December, 2020
It is a settled law that in the case of subordinate legislation, the authorities are conferred with the power to fill up the gaps when on functioning they are able to notice the loop holes or the areas left open. ... Industries (supra), referred to above, the Supreme Court approved the view taken by the Karnataka High Court in the case of Union ...
The Landmark Dowry Case Judgment: A Paradigm Shift in India ...
The Supreme Court's Intervention. Recognizing the gravity of the issue, the Supreme Court of India has consistently played a vital role in shaping the legal framework to combat dowry-related crimes.
Famous Cases under Company Law
Facts of the Case. The National Company Law Tribunal, Mumbai Bench ("NCLT") handed down a significant ruling in the case of Cyrus Investments Private Limited & Others ("Petitioners") v. Tata Sons Limited & Others1 ("Respondents") on oppression and mismanagement under the company law regime.
Top 10 Most Interesting Indian Court Cases to know
Shah Bano's case brought the need for a secular Uniform Civil Code into the limelight again. To date, however, individual Personal Laws based on religion are still in effect. The case remains a ground-breaking one in Indian divorce law and is often used as a benchmark by the courts. 4. State of Uttar Pradesh vs. Raj Narain, 1975
White collar crime identification in India: A Critical study
The study begins with an exploration of the various types of white-collar crimes observed in the Indian context, including fraud, corruption, embezzlement, money laundering, insider trading, and cybercrimes. Real-life case studies are presented to illustrate these offenses and the methods employed by perpetrators.
Explained: New crimes under the Bharatiya Nyay ...
The three criminal laws, passed in Parliament last December, will come into effect on July 1, 2024. They bring a host of changes to India's dated criminal justice framework, but a few critics have raised concerns regarding some of the new introductions.
India's lawyers, activists protest against new criminal laws
India this month replaced its criminal justice system - the Indian Penal Code of 1860, the 1973 Code of Criminal Procedure and the Indian Evidence Act of 1872 - with new laws.
The Supreme Court Is Not Done Remaking America
The Daily is made by Rachel Quester, Lynsea Garrison, Clare Toeniskoetter, Paige Cowett, Michael Simon Johnson, Brad Fisher, Chris Wood, Jessica Cheung, Stella Tan ...

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Landmark Cyber Law cases in India

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