About the Institute:

Dr. Ram Manohar Lohiya National Law University (RMLNLU) is a public law school and a National Law University located in Lucknow, Uttar Pradesh, India. It was established as Dr. Ram Manohar Lohiya National Law Institute in 2005, and since then, has been providing undergraduate and post-graduate legal education.

It ranks 11th among India’s law institutes in the 2020 edition of National Institutional Ranking Framework reports by the Ministry of Education (India) (erstwhile MHRD). The University is fully funded by the (state) Government of Uttar Pradesh.

About the Journal:

RMLNLU Law Review (‘Journal’) is an annual peer-reviewed journal published by the Journal Committee of Dr. Ram Manohar Lohiya National Law University, Lucknow which seeks to provide numerous insights and views into contemporary legal issues and encourage conversations about the same. The RMLNLU Law Review runs parallel to the RMLNLU Law Journal on CMET (Communications, Media, Entertainment, and Technology).

Call for Papers:

The Journal accepts submissions from law students and professionals all over the country and abroad, under the following categories:

Articles: 5000-7000 words
Essays: 4000-5000 words
Case notes/comments: 2000-3000 words
Book Reviews: 2000-3000 words

Review Process:

There shall be a rigorous review process comprising 3 stages. Members of the Advisory Board will be closely involved in the review process.
This would ensure a greater standard of review and identification of quality academic writing.
The authors shall be intimated about the status of their manuscript at every stage.

Submission Guidelines:

Content:
- Font – Times New Roman
- Font size – 12 pts.
- Line spacing – 1.5
- Margin – 1” from all sides
- Alignment: Justified
Footnotes:
- Font – Times New Roman
- Font size – 10 pts
- Line Spacing – 1.0
- All the sources in the footnotes must be properly cited strictly in accordance with the latest OSCOLA (4th edition) format. No endnotes or speaking footnotes (descriptive footnotes) are allowed.

General Submission Guidelines:

The submissions may be on any contemporary legal issue. The authors are expected to adhere to the prescribed word limit (excluding footnotes and abstract), as indicated above.
Each of these entries shall be required to conform to the set of guidelines that follow.
An abstract of about 250-300 words and 5 keywords should be mandatorily included in the same word document as a part of the submission.
The title should be Bold, Underlined, in Capitals, Size 16, and Centre Aligned.
Headings should be Bold, in Capitals, Size 14, and left-aligned.
The contents should in no way, directly or indirectly, indicate or reference the identity of the author(s).

How to Submit?

The submissions may be emailed at lawreview.rmlnlu[at]gmail.com in Microsoft Word (.doc or .docx) format.
The attached submission in the email, i.e., the name of the document must be the name(s) of the author(s).
The subject title for the mail must be ‘Article/Essay/Case Comment/Book Review for Volume XII’.

Submission Deadline:

September 26, 2021

General Instructions

The submission should be original and non-plagiarized. They should exhibit originality in thought, critical evaluation, and careful interpretations. Submission of a paper shall be taken to imply that it is an unpublished work and is not being considered for publication elsewhere.
The author(s) must send in the cover letter in the body of the mail, which must contain all the relevant biographical details (Name of the author(s), their degrees, Designation, Name of College/University/Institution, Postal Address, Phone Number and Email ID).
A separate attachment as a cover letter will not be entertained.

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Contact Info:

e-MAIL ID: lawreview.rmlnlu[at]gmail.com
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-Report by ANAND PATIL

Introduction

The judgment of the Supreme Court would have the unintended consequence of exacerbating issues relating to non-payment of dues to MSME.

Facts

The respondent who in this case is Kerala state road transport corporation (KSRTC) invited the tenders for the supply of thread rubber for making tyres. The appellants who gave the purchase orders. As per terms of the agreement, 90% of the total purchase price was payable on the supply of materials and the other 10% was to be paid subject to the final performance. This condition was there as the thread rubber supplied by appellants was to run a minimum number of kilometers. When the other 10% was not paid as per the agreement of purchase order, the appellants approached the industrial facilitation council which is presently MSMED Act. Further arbitration was referred under provisions of the 1996 Act. The awards were passed in favour of appellants. And further, the respondents have appealed before Kerala high court and the order was passed in favour of appellants. Further, the respondents appeared before Supreme Court.

Petitioner Contention

Shri V. Giri learned senior counsel for appellants has contended that the various provisions under chapter V of the 2006 Act make it clear that conciliation and arbitration are referred to claims of the supplier only. It is also submitted that the 2006 Act is beneficial to micro and small scale enterprises and such a scope of the Act cannot be expanded the claims by the buyer. It is also submitted by the appellant that the object of the 2006 Act is to protect micro and small scale enterprises. If the claims are allowed from respondents then the scope of this Act would be expanded.

Respondent Contention

On the other hand Ms. Aishwarya Bhati, Advocate on behalf of the respondent stated by referring to section 16 of the Act, it is submitted that when any buyer fails to make payment to supplier, as required under section 15 the buyer shall notwithstanding anything contained in any agreement between buyer and supplier or any law for the time being in force be liable to pay the compound interest. They further claimed that referring to section 19 of the Act it is submitted that application filed for getting an award or order shall not be entrained until the appellant has deposited 75% of the amount in terms of award or order. Further, it is also submitted that when conciliation is failed according to the arbitration and conciliation Act 1996 are made applicable if there is an agreement between the parties under subsection (1) of section 7 of the 1996 Act. And further, the advocate pointed that no claim or counterclaim under section 18 is permissible. Further, it is submitted that in any event as the supply of goods and services were made much before the memo by the appellant the appellant cannot claim before the MSMED Act.

Judgment

The court while referring to the judgment of the high court in the case of Andhra Pradesh Power Coordination Committee and Ors v Lanco Kondapalli Power Ltd and Ors held that the limitation act 1963 applies to arbitrations covered by section 18(3) of the 2006 Act. And the reading of section 43 itself makes it clear that the limitation act 1963 shall apply to the arbitrations as it applies to the court proceedings. When there is no settlement concerning dispute necessarily the micro and small enterprises facilitation council shall take up the dispute for arbitration under section18(3) of the 2006 Act or it may also provide for the alternate dispute resolution services. Thus the court is of the view that no further elaboration is necessary on the issue and we hold that provision of limitation act 1963 will apply to arbitrations covered by section 18(3) of the 2006 Act. Hence the court dismissed the civil appeals.

The Supreme Court can these days take up the petition, seeking cancellation of Rath Yatra, scheduled to begin on July 12 in Puri, Odisha, given the surge in cases of Novel Coronavirus.

The bench, held by judge N.V. Ramana, can hear the plea filed by Odisha Vikash Parishad, seeking cancellation of the Chariot pageant dedicated to Lord by keeping view, seeable of the COVID-19 pandemic.

Earlier on June 21, the apex court had allowed the Puri Rath Yatra with restrictions asked the authorities and therefore the Centre to figure in tandem. A bench headed by then judge S.A. Bobde noted that the authorities have the liberty to prevent the Rath Yatra if it discovered a spike within the variety of COVID-19 cases in Puri.

During the hearing, the then judge had noted that the court was willing to change its June eighteen order, taking into view the Novel Coronavirus pandemic. The Court aforesaid the Jagannatha Temple management committee and authorities will conduct the Rath Yatra under the rules. The court directed the Rath Yatra in a very restricted manner while not permitting a devotee congregation. The Odisha government agreed to coordinate with the Centre.

-Report by PAROMITA MAITRA

Case Number

Criminal Appeal No. 251 of 1964

Equivalent Citation

(1967) 1 SCR 586: AIR 1967 SC 567 : 1967 Cri LJ 544

Bench

Raghubar Dayal, V. Ramaswami, Vishishtha Bhargava,

Decided on

September 26, 1966

Relevant Act/ Section

Suppression of Immoral Traffic in Women and Girls Act, 1956 (Act 104 of 1956),

s. 3(i)-Ingredients-Single instance, sufficiency-Conviction under Madras Suppression of Immoral Traffic Act-If previous conviction.

Brief Facts and Procedural History

On August 22, 1962, the Assistant Commissioner of Police (Vigilance) deputized Shanmugham as a decoy after receiving information that the appellant’s house was being used as a brothel with three girls, Saroja, Ambika, and Lakshmi. ACP presented Shanmugham with three marked 10 rupee cash notes. He was shown the three girls when he went to the appellant’s house. He chose Ambika and handed the appellant Rs 30 in those designated currency notes. After that, he and Ambika entered a room. Following that, the police party stormed the residence and discovered the fake Shanmugham and Ambika in that room, both disheveled. The marked cash notes were discovered from the appellant’s possession by ACP.

Issues before the Court

The main issue, in this case, is whether the facts revealed to prove the offense under Section 3(1) of the Act which states that “Any person who has or manages a brothel, or acts or supports in the keeping or running of a brothel, shall be punished on first conviction with hard imprisonment for a term of not less than one year and not more than three years, as well as a fine of not less than two thousand rupees, and on next or following convictions with harsh imprisonment for a term of not less than one year and not more than three years, as well as a fine of not less than two thousand rupees. The term “brothel” is defined in Section 2 clause (a).

Any house, room, or location, or any portion of a house, room, or place, utilized for prostitution for the benefit of another person or the mutual benefit of two or more prostitutes, is included. If a person commits any of the acts listed in that sub-section regarding a brothel, he will be charged under Section 3(1) of the Act. According to the evidence, the appellant’s home was being operated as a brothel. The girls were made available for prostitution. The house was used for such purposes, undoubtedly for the gain of the appellant who pocketed the money which was given by Shanmugham for committing prostitution on Ambika. Of course, it can be presumed that the girls who were being offered prostitution, would also obtain monetary gain out of the amount paid by Shanmugham. The appellant can therefore rightly be said to be “keeping a brothel”.

The decision of the Court

The Supreme Court stated that the circumstances surrounding the location and the person in control could only mean that the location was being used as a brothel and that the person in charge was keeping it that way. ‘It is not required that there should be evidence of recurrent visits by persons to the site for prostitution,’ the court added in dismissing the appeal. A single incident, when combined with the surrounding circumstances, is sufficient to prove both that the location was being used as a brothel and that the person accused was keeping it.

This case analysis is written Shrey Hasija.

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Introduction

When we talk about crimes in society people in layman language think that crimes mean a violent act that causes any injury or hurt in a physical manner to an individual, crime is of the nature to cause someone bodily injury physically or mentally. But do we realize that crimes can be differentiated on the basis of their nature & crimes need not always cause a bodily injury to a person? There are crimes present in society that is non-violent in nature & do not cause any bodily injury to a person.

“White Collar Crimes” are crimes that are non-violent & are committed for monetary gain; these can be committed by an individual, group of people, or even an organization as well. In these crimes, there is a breach of trust, deception of money or property, or some other gain of the wrongdoer. Edwin Sutherland a famous American Sociologist, defined white-collar crimes as “the crimes committed by people who enjoy great repute, high status (social), & hold the higher respectable post in their respective occupation”. Herbert Edelhertz, chief of the Federal Department of Justice, in 1970 defined White Collar Crimes as “an act or series of illegal acts committed by non-physical means to obtain money or property by way of guile or concealment to obtain business or personal advantage” he emphasized more on the nature of crime rather than the offenders attribute.

Rise of White Collar Crimes in India

Bribery, Fraud & Corruption is probably the most familiar recognized white-collar crimes in India & the world. The Business Standard in 2016 distributed a report named “The changing elements of white-collar crimes in India” expressing that over the recent 10 years, the Central Bureau of Investigation (CBI) has tracked down an aggregate of 6,533 instances of corruption out of which 517 cases were filed in the last two years.

Stats showed that 4,000 crores worth of exchange were done utilizing phony or replicate PAN cards. Maharashtra showed a speedy growth in the number of online cases with 999 cases being enlisted. The report likewise referenced that around 3.2 million individuals endured a misfortune due to the theft of their card details from the YES Bank ATMs which were managed by Hitachi Payment Services.

Progression in business and technology has welcomed phenomenal development in one of the kinds of white-collar crimes, known as cybercrime. Cybercrimes are expanding in light of the fact that there is just a little danger of being gripped or pinched. India’s position on Transparency International’s corruption perception index (CPI) has been worked on throughout the years.

In 2014, India was positioned 85th which later advanced to 76th position in 2015 in light of a few measures to handle white-collar crimes. In 2018, according to the report of The Economic Times, India was set at 78th position, showing an improvement of three focuses from 2017, out of 180 nations.

India is a developing nation and white-collar crimes are turning into a significant reason for its development alongside health, poverty, etc. The pattern of white-collar crimes in India represents a danger to the financial advancement of the country. These violations require prompt mediation by the public authority by making exacting laws as well as guaranteeing its appropriate execution.

Grounds for White Collar Crimes in India

Absence of mindfulness

The kind of white-collar crimes is unique in relation to the conventional type of crimes. The vast majority doesn’t know about it and neglect to comprehend that they are the most exceedingly awful victim of crime.

Absence of strict laws

Since a large portion of these crimes is worked with by the internet and advanced strategies for the transfer of money, laws appear to be hesitant to seek after these cases as examining and following turns into a troublesome and convoluted work. Why it gets hard to follow it is on the grounds that they are normally dedicated to the protection of a home or office subsequently giving no witness to it.

Competition

Herbert Spencer on reading, ‘On the Origin of Species by Charles Darwin, authored an adage that advancement signifies ‘Survive of the fittest’. This suggests that there will consistently be a contest between the groups and the best individual to adjust to the conditions and conditions ought to endure.

Greed

Machiavelli, father of politics unequivocally accepted that men essentially are covetous. He said that a man can sooner and effectively fail to remember the demise of his father than the deficiency of his legacy. The equivalent is valid on account of the commission of white-collar crimes. For what reason will a man of high societal position and significance, who is monetarily secure, perpetrate such crimes if not out of greed?

Types of white collar crimes in India

Bank Fraud: Bank fraud is a criminal act where an individual, by illicit methods, draw out cash or resources from the bank. The fraud can likewise happen when an individual erroneously addresses himself to be a bank or monetary foundation and draw out cash or resources from individuals.

In this way we reason that bank fraud can be executed in two ways:

By utilizing illicit intends to draw out cash or resources from the bank or any monetary establishment.

By erroneously addressing oneself to be a bank or any monetary organization, the individual withdraw cash or resources from individuals.

Bank fraud punishments are mentioned in India under the Indian Penal Code, 1860. Sections like 403 which manages criminal misappropriation of property, Sec. 405 which manages criminal breach of trust, 415 which manages cheating, 463 forgery, and 489A arrangements with falsifying of cash, manages the crimes of fraud in banks.

Extortion: Extortion is a crime under section 383 of the Indian Penal Code, 1860. When one party constrains another party for remission of cash, or property or administrations, he is said to have perpetrated the crime of extortion. It is a white collar crime in light of the fact that an official may utilize his authority right and utilize his higher position in the organization to undermine someone else for giving cash, or moving property, or for offering types of assistance.

The case of People v. Fort laid certain elements to be proven for the crime of Extortion (i) There ought to be a correspondence of requests by one party to another, (ii) All together for the satisfaction of the requests, the other party or his family ought to be taken steps to cause some injury, & (iii) There ought to be a goal to coerce cash from the other party for some benefit. The other party ought to be taken steps to do or not to accomplish something.

Forgery: As characterized under Section 464 of the Indian Penal Code, 1860, alludes to the falsifying of checks or protections determined to dupe the other individual. It is entirely expected in the account section of the organization where the agents or the staffs make false records and flee with organization’s cash consequently making misfortune that organization.

For example in 2019, Ravi Prakash, Chief of TV9 News Channel, was taken out from his post on the charge of forgery.

Cyber Crimes: As the utilization of computer and web is expanding, so is the crimes identified with it. The crimes which include the utilization of computer, combined with the utilization of web are called cybercrime. It is the place where the computer is utilized as the object of the wrongdoing or as an apparatus to perpetrate an offense. Cyber stalking, cyber-crime related to individual, property, child pornography etc. are example of cyber-crimes.

The solitary enactment which manages the offenses identified with cybercrime is Information Technology Act, 2000. The specific meaning of cybercrime has not been given in any of the acts or laws as it’s anything but conceivable to characterize such nature of crimes where computer and web are included.

Major Judicial Pronouncements on white collar crimes in India

In the case of SEBI, Allahabad High Court, the learned direction in the interest of SEBI guaranteed that the organization is as a rule wrongly charged as the organization was not in a situation to pay its obligations, including installments to its investors. At the point when the advertisement by the organization was put to address, the board said that the advertisement was given in 2003 while the request was passed in 2004 when the organization was not in a situation to recompense its obligations. Also, the amount of cash that the investors were asserting was no place referred to. The fundamental cause of the guide made the governing bodies raise the discipline from 1 year to 10 years and furthermore expanded the fine which may now reach out to 25 crores by correcting the laws under section 24(1) of the SEBI Act. Finally, Ravi Arora, the denounced, was held to be liable.

In the case of Abhay Singh, there were two appellants against whom a charge sheet was petitioned for an offense under Section 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 read with Section 109 of the Indian Penal Code, 1860. It was asserted that both the accused had gathered unbalanced wealth (black money) according to their pay when they were the member of the legislative assembly.

At the point when the Central Bureau of Investigation (CBI) started its examination, it was tracked down that the father of the appealing party had gained enormous properties and same as the case with the appellants. The High Court held that the litigant had given an entirely unexpected office of the denounced than they were really holding around then. Accordingly the authority under Section 19 of the Prevention of Corruption Act, 1988 was held to be with no legitimacy.

Conclusion

As our society is developing towards innovation and the world is encountering new mechanical progression, the pace of crimes is likewise expanding at a quicker rate. Especially the development in white-collar crimes has been colossal.

The government should make laws that are sufficiently strict to lessen the commission of such crimes. Furthermore, the framework ought to be to such an extent that not just there exist laws giving severe discipline to the denounced yet, in addition, arrange off greatest cases in a brief time. Failing to do so may result in individuals will lose total confidence in the framework, as these crimes are committed by individuals who should go about as a good example for society.

This article is written by Ajay Kataria, from Dr. B.R. Ambedkar National Law University, Sonepat, Haryana.

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The Madras High Court recently issued the directions for a grant of police protection to a woman who was facing threats and harassment from her family when her family came to know that she was belonging to the LGBTQIA community.

Justice Nirmal Kumar also pointed that the High Court had already issued directions to ensure the protection of LGBTQIA persons. The court order the police to ensure appropriate protection to the community and ensure that no one will harass the community.

The petitioner informed the court that she had received threats from her family when they found out she was belonging to the LGBTQIA community. At the age of 17, she was stopped from pursuing her further studies and married forcibly. Further, she was abused by her family physically and mentally and even remarking that they would not have a daughter at all.

Further, the woman left home and stayed with her husband but the family forcibly tried to separate them by using false FIR. And further, the petition was moved to the high court on rising threats from her family. The court ordered them to grant her police protection.

A bench of Justice Anand Venkatesh recently passed a judgment with guidelines and various branches of the state including police and judiciary to overcome against the LGBTQIA community. Further said that changes in curricula of schools and universities to educate on an understanding of the community.

-Report by ANAND PATIL

The Trial Court has no authority to question the High Court order. Recently this incident took place in Maharashtra after Bombay High Court was observed pulling up a trial court for refusing to release the applicant on bail despite the directions made by the High Court order.

Justice Sarang Kotwal had recently granted bail to the applicant Gulfasha Sheikh on June 18 2021 after the court noted that she had been in jail since November with her 10-month-old child. Despite the directions from Justice Kotwal. The Advocate of applicant Aniket Vagal approached Justice for an urgent hearing after the trial court refused to accept the bail due to which the applicant was not released.

The advocate of applicant Aniket Vagal submitted that the trial court refused to grant bail to the applicant. As the High Court refused to record section 302 of the Indian penal code which was one of the charges of the applicant. Justice termed this as a serious breach of the order. He also said that the trial court should follow the orders given by High Courts and Supreme Court.

He also added that the trial court refused to grant bail to the applicant affected the valuable right of getting bail at the earliest and the applicant also suffered in jail for more period than it was necessary when she has a 10-month-old child with her.

-Report by ANAND PATIL

-Report by RAVINUTHALA VAMSI KRISHNA

The sue motto case was taken by the supreme court in May 2020 to deal with the problems of migrant workers during the national lockdown which disposed of with these directions. As we know Covid-19 entered into our Lives in March 2020.

Petitioner’s Contention:

In this sue motto case where we know Covid-19 entered into our Life’s in March 2020. First It was identified in China in the year 2019 December. So, in March 2020, our Government imposed a national wide Lockdown, the courts referred to some news and media reports where migrant workers were fighting for food and transportation because of this imposition of National wide lockdown. So, we saw the fight of this migrant worker, sudden abroad imposing of this lockdown that let to flight of this migrant workers. So, at that time, because of this national wide imposition of lockdowns, where we shut down the manufacturing factories, Construction sites, etc. so because of all this there is no proper livelihood, there is no proper work, and there is no income for this people and there is no transportation even to go to their home towns. And we saw many people have lost their lives. And there was an increase in poverty and an increase in hungry. So, because of all these things, The court also observed that is the fundamental right to life enshrined in Article 21 constitution of India may be interpreted to include the right to live with human dignity which may include the right to food and other necessities. Supreme Court gives some important decisions to Central and state governments. Supreme court said that, so this person also became our part of society, it is the role that it is the government responsible to take care of this people, because of this migrant people, even though Government is providing subsidies food grains to these people were not getting this because due to lack of Ration cards.

KEY HIGHLIGHTS

Supreme Court instructs the government to ensure that no migrant worker goes hungry.
Supreme Court ordered that we need to go for One Nation One Ration.

Judgment:

The Bench observed that it is the bound duty of all states and governments to provide food security to impoverished persons. So, The article mainly saying that Supreme Court give a deadline of July 31st and directed central as well as state to take some steps mainly for these migrant people. Supreme Court held that and ordered states and government’s that we need to go for One Nation One Ration.

Provisions Used In This Case:

Article 21 of the constitution of India
Right to Life and Personal Liberty: This may be interpreted to include the right to live with human decency which may include that the right to food and other necessities.

Internship Opportunity with Advocate Jitendra Sharda, an Independent Legal Counsel.

Areas of practice:

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About Malathi Associates:

A full-service Law Firm based out of Chennai aimed at providing innovative legal solutions across a varied spectrum of practice areas.

Internship opportunity for recent law graduates and/or final year law students.

Requirements :-

– Has completed or is currently in the final year of a 3/5 year law degree course.
– Must be well-versed in English and Tamil (Reading and speaking).
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– Must have the ability to take initiative, responsibility, and adhere to strict deadlines.
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