July 2021 - Page 39 of 40

CASE NUMBER

Appeal (Civil) – 210 and 230 of 1968

EQUIVALENT CITATION

1969 AIR 193, 1969 SCR (1) 359

BENCH

SHAH, J.C., BHARGAVA, VISHISTHA

DECIDED ON

15/07/1968

RELEVANT ACT/ SECTION

Colliery Control Order, 1945 – Clause 5, Clause 4, Clause 6(1), Clause 8
Coaching Tariff – Rule-108 – Clause (2), Clause (8)
Clause 20 in Part -III of the Goods Tariff
Essential Supplies (Temporary Powers) Act, 1946
Railway Act, Section 56

BRIEF FACTS & PROCEDURAL HISTORY

A quantity of steam coal was booked by Colliery to the appellant company (Kuchwar Lime & Stone Company) to Banjari Station on the Dehri Rohtas Light Railway. The Company accepted the delivery of one part of the consignment but refused the delivery of the other part on November 12, 1954, at Banjari Station.

After correspondence between the parties and the Coal Controller, the Railway Administration served the notice on the Company and Colliery on April 28, 1955. The Railway sold the unclaimed coal at public auction for Rs. 1,050 on June 2, 1955.

After this, the Railway filed a suit against the Company and the Colliery in the Subordinate Court claiming demurrage for 202 days during which six wagons were remained unloaded, detained, and sought a decree for Rs. 17,625/14 after giving credit for the amount realized from the sale of the unclaimed coal. The subordinate court granted the decree of Rs. 1,620, with interest. However, the High Court modified the decision of the trial court and granted the decree for the full period.

ISSUES BEFORE THE COURT

Whether consignee (Company) is liable after refusing to take the delivery of the consignment.
Is the Railway entitled to demurrage for a full period? Or is it obliged to unload and claim demurrage only for a reasonable period?

RATIO OF THE CASE

The Company contended that the Railway should be granted the demurrage only for 22 when the wagons were detained. The court observed that once the notice is served to the owner, Section 56 of the Railway Act empowers the Railway to sell the consignment after serving the notice to the owner. The six wagons reached Banjari Station on November 12, 1954, and before this, the Company had already denied accepting the goods. It was the duty of the Railway to sell the consignment. The Railway had delayed unloading the wagons and putting them to use after the expiry of the reasonable period.

It was further contended that the Company is not liable for the freight and demurrage to the Railway because there was no privity of contract between the Company and the Railway. Another contention was that the consignee is liable for the payment of demurrage charges as the wagon detained is for his convenience. However, the court said that if the wagon detained is for the benefit of the consignee. If he refuses to take the delivery, he could be held liable to pay for freight and demurrage by the Railway. Therefore, the Company is entitled to pay the freight or the demurrage. The court was unable to hold that the Company is not liable to pay the freight and the demurrage because the Colliery had entered into the contract with the Railway.

DECISION OF THE COURT

The Colliery acted as an agent for the Company in entering into the consignment contract. Therefore, the Colliery supplied the coal in pursuance of the sanction order proposed by the Deputy Coal Commissioner to transport to the appellant-Company in allotted wagons to Banjari Station. Hence, the liability to pay for the freight and demurrage charges lay upon the Company for refusing to accept the delivery. The court observed that the High Court was in error in holding the Company liable to pay the freight and the demurrage for 202 days.

The court further held that as the Company had declined the delivery, the Railway administration could have exercised their power under Section 56 of the Railway Act. The Railway administration was bound to minimize the loss. It was in the position of bailee qua for the Company. After the expiry of a reasonable time for the arrival of goods, the Railway authority should have unloaded the coal from the wagons and put them to use. Hence, the company was liable only for the wharfage. The railway did not act reasonably, as it failed to take action for more than six months. Therefore, the Railway is entitled to demurrage for the detention of the wagons for only one month. A decree for Rs. 2,145/14 was granted to the Railway.

The case analysis has been done by Gracy Singh, a 2nd-year law student from Mody University of Science and Technology, Lakshmangarh, Rajasthan.

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Case Number

Writ Petition (Civil) No. 824 of 1988, Writ Petition (Crl.) Nos. 745-54 of 1950.

Equivalent Citations

(1997) 8 SCC 114, AIR 1997 SC 3021, 1997 (4) SCALE 657

Bench

K. Ramaswamy and D. P. Wadhwa, JJ.

Date of Judgment

July 9, 1997.

Relevant Act/ Section

Articles 14, 15(3), 16(1), 21, 23, 24, 38, 39(f), 45 and 46 of the Constitution of India
The Immoral Traffic (Prevention) Act, 1956
Juvenile Justice Act, 1986 (amended and now known as the Juvenile Justice (Care and Protection of Children) Act, 2015)
UDHR 1948
CEDAW 1979

Facts and Procedural History

In this case, a Public Interest Litigation (PIL) was filed in the Supreme Court of India by the Petitioner, who was an advocate. He had filed the petition after reading an article “A Red Light Trap: Society gives no chance to prostitutes’ offspring” published on July 11, 1988, in a magazine named ‘India Today’. In the petition, he had prayed for issuing an appropriate writ directing the setting up of distinct educational facilities for the children of prostitutes (referred to as “fallen women” by the Court throughout the judgment), up to sixteen years of age so as to prevent them from getting involved in the depraved and unethical way of life.

However, the Court passed an order on November 15, 1989. According to the order, the Apex Court was of the view that setting up different educational institutes and hostels would isolate the prostitutes’ children, which would be against the well-being of these children as well as the society in general. Though the Court did not approve the plea for separate hostels and schools, it stated that to help the separation of prostitutes’ children from their mothers, the availability of sufficient accommodation in reformatory homes and hostels was needed.

The Supreme Court set up a committee of four advocates and three social workers to look into the matter and suggest appropriate actions. The Committee, with Shri V. C. Mahajan as its chairman, probed into the working of government agencies. The report of the Committee is as given below:-

The focus was on both, recognized red light areas as well as areas that were not recognized.
According to the report, it was due to poverty that families were sending their children for prostitution.
It stated that destitution, social intolerance, family customs, poor health, desolation, and lack of alternate livelihood sources were the main reasons due to which the women were not willing to give up prostitution.
It also stressed the role of NGOs in the reestablishment and education of the children of prostitutes.

Issues Before the Court

The main issues listed by the Court after the report are:-

What are the rights of the prostitutes’ children and what should be the course of action to separate the children from their mother and other such people so as to provide them safety and ensure their rehabilitation in the nation’s mainstream?
What strategy should be formulated to eliminate prostitution?

Ratio of the Case

In most cases, the victims of prostitution are the underprivileged and illiterate segment of society who are targeted by the rich and influential sections. This is a form of discrimination and hence, violative of one’s human rights. The children of the prostitutes also have the right to equality, dignity, equal opportunities, protection, and care, and deserve to be a part of the social mainstream. Moreover, it is the society that is responsible for the sufferings of these women and thus the society is responsible for the elimination of women trafficking and rescuing the victims. It is the duty of the State to ensure that the victims are rescued, rehabilitated, and economically empowered.

Decision of the Court

The Court gave comprehensive directions regarding the rescue and reestablishment of prostitutes and their children in society. These directions include:-

It stated that the women involved in prostitution were not offenders, rather they should be viewed as victims of their unfavorable socio-economic conditions. It emphasized making the women economically independent through self-employment and vocational training.
The Court directed the setting up of juvenile homes for the children to ensure their rehabilitation and safety.
It directed for the composition of a committee to study the issue and formulate schemes for the upliftment of the victims.

However, the second justice, Justice Wadhwa dissented with the opinion of Justice Ramaswamy on one issue. He observed that in the present case, the issue raised in the petition was the rehabilitation of the children of prostitutes and not the elimination of prostitution or the rehabilitation of the prostitutes.

After this judgment, a review petition was filed and the petition was transferred to a three-judge bench, which was larger than the bench in the original case. The decision in the review petition overruled the first judgment relating to the directions formulated for the elimination of prostitution. But the guidelines formulated for the prostitutes’ children in the first case were upheld in the review petition also.

This case analysis is written by Muskan Harlalka, a second-year BA LLB (Hons.) student at the School of Law, Mody University of Science and Technology, Lakshmangarh, Rajasthan.

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Stripe is a global technology company that builds infrastructure for online commerce. Our mission is to increase the GDP of the internet. We handle billions in transactions each year and enable millions of users around the world to scale faster and more efficiently by building their businesses on Stripe. Stripe provides tools that make it easier for businesses and entrepreneurs all over the world to grow. We work on some of the hardest technical, commercial, and regulatory problems around, and we’re looking for a regulatory lawyer to join our amazing APAC Legal team in India as Regulatory Counsel for India. In this role you will work with talented people throughout the company, and will deal with a diverse set of matters that straddle financial services, business processes, and technology.

The ideal candidate is passionate about Stripe’s mission of helping businesses grow and thrive. We’re looking for someone who is a team player and willing to jump in on tasks of any size. Experience in technology, payments and financial services, and prior experience engaging with the Financial Services Commission, is strongly preferred.

Stripe is both a technology company and a financial services company, and you will need to be comfortable straddling both of those worlds every day. The right person for the role will enjoy solving that puzzle, seeking creative solutions and moving quickly, often in the face of ambiguity.

In this role you will:

Develop and execute regulatory strategy, including engaging with key regulators
Support the partnerships team in developing relationships with key financial partners and structuring partnership arrangements
Counsel the Stripe product and business teams on a range of issues in India, including payments and financial regulatory frameworks, market expansion, consumer protection, internet regulations, data protection and other legal matters
Serve as the main point of contact for all regulatory and legal matters in India
Draft and implement policies, procedures, processes, systems, governance and internal controls for a regulatory compliance program, to ensure licensing commitments and legal conditions are met
Actively collaborate with a wide variety of teams at Stripe, including product, engineering, partnerships, compliance, and marketing, on a range of issues related to market expansion, regulatory compliance, product development and commercialization
Help build scalable and effective processes for legal review and launch of products in India
Manage outside counsel in India to ensure timely and knowledgeable support of critical matters
Participate as a proactive business partner to senior managers and build a trusted advisor relationship.

To be considered for this role, you must have:

A law degree
Native level local language fluency and excellent English proficiency
A minimum of 10 years combined relevant experience in a top law firm, government agency, and/or in-house legal team, preferably working on the legal and regulatory matters in the financial services space
A passion for technology and ability to understand complex business models and product use cases quickly
Strong communication (both written and verbal)
Experience working on cross-border matters and working across different cultures
Excellent project management skills, attention to detail, and ability to work under tight deadlines
Excellent judgment, ability to navigate ambiguity and evolving regulatory spaces, and provide practical, solutions-oriented legal advice
Be humble, curious about an evolving industry, and have a terrific sense of humor

Company Description

Twitter is what’s happening and what people are talking about right now. For us, life’s not about a job, it’s about purpose. We believe real change starts with the public conversation occurring globally. At Twitter, your voice matters. Come as you are and together we’ll do what’s right (not what’s easy) to serve the public conversation.

The Position

You will be responsible for coordination with the law enforcement and government agencies in India to oversee the process of responding to reports, orders, and complaints, guided at all times by our mission to defend and respect the voices of the people who use our service in India. You will be the primary link for coordination between Twitter and these agencies on all legal requests relating to Twitter’s platform, including requests for content removal and user data disclosure.

This is a full-time role located in India. You must be a resident of India. This role is part of the Legal team within Twitter Inc., and will report to the company’s headquarters in San Francisco. You will collaborate closely with colleagues from allied teams (including Legal, Public Policy and Trust & Safety, Communications), providing your own subject-matter expertise, and seeking the expertise of others when needed. You must therefore be comfortable collaborating with colleagues from a wide variety of teams and backgrounds, and managing internal and external stakeholders effectively, all while advocating vigorously for Twitter and the people who use our service in India.

This position is ideal for a mid-to-senior-career professional with prior experience interfacing with the public or government officials on issues of national importance.

Primary responsibilities will include:

Overlooking established processes to review and respond to legal orders from law enforcement/government agencies in India to comply with removal obligations and information requests in a timely manner.
Liaising between Twitter and law enforcement/government agencies on all kinds of legal requests received from various law enforcement organizations and government agencies relating to the Twitter platform.
Potentially communicating Twitter Inc.’s interest and position at meetings, both routine and ad hoc, with law enforcement/government agencies on all types of legal requests, including but not limited to requests for content removal under s.69A of the IT Act and requests for user information
Working closely with Legal, Trust & Safety, Public Policy, in relation to law enforcement requests.
Educating government agencies on Twitter’s Terms of Service, Twitter Rules, and policies, and effectively educating government agencies on using Twitter’s tools and processes to report violations and make legal requests.
Supporting Twitter and our employees during emergencies.

Qualifications

Qualifications:

You are a mid-to-senior-career professional (minimum 6 years’ relevant work experience) with extensive experience coordinating with members of the public or government agencies on matters of national importance. Relevant experiences could include direct government agency or law enforcement experience, prosecution, criminal investigation, and/or experience in a similar Internet/Tech safety and security role.
Familiarity with the Indian legal system, and in particular, knowledge of, and experience with, laws relating to the takedown of content from online platforms (e.g. s.69A, IT Act and related rules) and the disclosure of user data by online platforms (e.g. s.91, CrPC), among other relevant laws.
Experience with reviewing, processing and summarizing legal documents (e.g. court orders, statutory notices, search warrants, etc.) and/or user complaints.
Good public speaking and presentation skills.
Fluency in both English and Hindi is a must. Fluency in another Indian language is an advantage.
Ability and willingness to work off hours, including weekends and holidays. Since the role involves liaising with law enforcement agencies, you will be expected to attend to questions, communications all days of a week including weekends and holidays
Ability to travel (if required) within India (subject to prevailing COVID travel guidelines and restrictions)
Experience working in the private sector or with a major multinational company is strongly preferred.
Must be a resident of India.

We are committed to an inclusive and diverse Twitter. Twitter is an equal opportunity employer. We do not discriminate based on race, color, ethnicity, ancestry, national origin, religion, sex, gender, gender identity, gender expression, sexual orientation, age, disability, veteran status, genetic information, marital status or any legally protected status.

The Assistant Counsel is an entry-level position responsible for providing full leadership and direction to a team of employees in an effort to manage and direct day-to-day legal activities in coordination with the Legal team. The overall objective of this role is to provide legal support, advice and guidance across a broad range of practice areas.

Responsibilities

Allocate and supervise daily work flow for small team of clerical/support employees
Provide operative support on internal legal processes
Assist external attorneys with routine operative needs in conjunction with Citi’s applications and legal issues
Manage and maintain the document file area according to document preservation and retention laws
Appropriately assess risk when business decisions are made, demonstrating particular consideration for the firm’s reputation and safeguarding Citigroup, its clients and assets, by driving compliance with applicable laws, rules and regulations, adhering to Policy, applying sound ethical judgment regarding personal behavior, conduct and business practices, and escalating, managing and reporting control issues with transparency, as well as effectively supervise the activity of others and create accountability with those who fail to maintain these standards.

Qualifications:

Previous relevant experience preferred
Banking/financial industry experience
Comprehensive knowledge of local, state and federal laws and practices
Consistently demonstrate clear and concise written and verbal communication
Proven analytical and organizational skills

Education:

Bachelor’s degree/University degree or equivalent experience

Link to Apply

https://jobs.citi.com/job/-/-/287/10236810256

About Locobuzz

Locobuzz is a SaaS platform that converges with technologies such as Artificial Intelligence, Machine Learning, Big Data Analytics and Automation, to provide brands with a 360-degree Customer Experience Management Suite. Locobuzz’s powerful analytics algorithms have helped seasoned brands establish a strong foothold in the digital hemisphere and transformed their customer experience journeys.

Visit our website www.locobuzz.com for more information on our CX management products and services.

Job description

1. Good experience in drafting shareholder agreements, share subscription agreements, cap sheets, vendor agreements, franchise agreements etc.

2. Well versed with company law

3. Filing trademark, copyright design applications in India and Abroad

4. Conduct legal due diligence, review documentation, advise on transaction structure, review & ensure compliance on all transactions

Requirements

Minimum Qualification: LLB

Experience: minimum 2 years experience in Corporates

Expert in Legal Documentation, Vetting Contracts

Sound knowledge of Labour Laws

CS will be a added advantage

Should posses good spoken and written English.

Should be well versed with labour law

Interested candidates can email the cv – hr@locobuzz.com

Employment Type

Full-time

Introduction

Let’s start by discussing what rehabilitation is and how it works. Rehabilitation in the general sense is getting back to the normal life of a victimized person who has done something wrong and has been imprisoned for that, and this process of rehabilitation starts after imprisonment. This process includes more training to get back to normal life and to keep track of their mental health. The path is often paved with so many hours including therapy and education and more. In the legal sense, it means that a criminal needs rehab for the crime to not be repeated in the future again. And the process of rehab doesn’t just include educating and therapy, it is more of the right process or processes to straighten the mind of the convicted person.

What is Rape?

Rape is an unlawful sexual activity; the act of rape is very heinous. This activity is against the will and consent of the person which duly affects the mental health and the physical health of the victim. It may be said that the sexual intercourse of a man with a woman against her will, and it is forcefully. Though the definition of rape has been changed for many years. Rape is a manifestation of a process wherein women are objectified as the property of men. There are many cases in many countries of Rape. The only thought of therapists is to create fear in the minds of the victims and they desire to punish, cause pain and take revenge with them.

The general age wherein the rape happens more often will be across 14-18 years of age. Sexual intercourse with a person below the prescribed age will be said as statutory rape. Sexual assault or sexual violence will affect a person very badly.

Who are rape victims?

Generally, the rape victim is the one who has been affected by sexual assault in the form of rape. The activities carried out will be with physical force, violence, and who is incapable of valid consent can be termed as a rape victim. These circumstances will affect the victims very badly.

The consequences of rape to a woman or man can be classified as physical, mental, or emotional. Rape victims are the ones who are faced with sexual assault or violence either way known as rape and this is totally against their wills. There are certain cases, they are raped very badly and which leads to the death of the victim. And, in certain cases, they are raped and this doesn’t lead to the situation of death. Rape victims go through a lot of difficulties.

Consequences of rape:

There are many consequences that any consequences lead to bad situations and decisions in life further, these may be either physically or mentally:

– Unwanted pregnancy: The most immediate of rape may give a rise to chances of pregnancy. Now, it depends upon the age of the victim, for the conceiving of the child. In most rape cases, wherein the women get pregnant they opt to abort the child; it is because of the illegal criminal act done against them.

– Exposure to diseases: They may be exposed to some of the diseases which are transmitted due to sexual intercourse. This would lead to long-term or short-term disease and sometimes it may take life too.

– Damage to the body organs: Rape being forceful intercourse, will appear to damage some of the organs of the body part. The risk is more around the age of teenage girls. During the rape or after the rape they will be torturing or harassing them by beating them up very harshly. This might even end up losing their lives.

– Trauma: The effect of rape is psychologically a trauma. The victims are exposed to some mental and different trauma which may lead to taking any dangerous steps. The effect will be shown whenever they try to socialize with a group of people or especially with men. The effects last longer till the victim’s lifetime.

– Suicidal tendencies: The most effective thought for a victim would be suicide. Because of the blame, pity, the trauma they n longer have the hope to live their lives and will be in a thought that they might not recover from it anytime sooner.

Rehabilitation of rape victims:

The idea of rehabilitation of rape victims is a very thought-provoking concept. This usually gives victims a better idea of when to start looking for them. The rehab changes everything. It is usually a process that involves long hours of therapy. Therapy is the process to change their thinking. It is to restore a good condition so he or she can effectively operate again in the real world which involves a lot of time and analysis. During the rehab plan, the right decisions should be made so that the process of rehab goes well.

Rehab for rape victims would be a better idea. Because it gives them another chance to build themselves and face the real world again. This process includes a lot of education, analysis which lasts up to longer hours. They analyze how a victim can be recovered from the trauma. This process of rehab varies from one victim to another. The ultimate aim is to get out the fear, trauma and straighten out the mind of the victim. This process is truly a lifesaver. Rehab processes last longer than usual because it goes in-depth to understand the victim and get that victim to a normal person again. It includes counseling sessions and many more processes which are to make the victim positive and ensure safety. They have suffered a lot, through which they won’t come up easily and tell clearly, the process of rehab involves interactive therapy. By all the processes it is just to ensure that they won’t have any negative thoughts in their mind and which may lead to bad decisions in life.

Conclusion:

Therefore, the process of rehab for rape victims is one of the essential processes these days. It indicates a lot more things, which help them to face the real world again. Hence, this process involves a lot of therapy which involves a lot of hours. It leads to a good path which is by the process of therapy and education given to them. Therefore, Rehabilitation for rape victims plays an important role for the rape victims.

The article has been written by Saba Banu, a 3rd-year law student from Pendekanti Law College Hyderabad.

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The name “federalism” comes from the Latin word Foedus, which means “accord” or “treaty.” As a result, a federation is a political structure created by a treaty or agreement between the various units. It is a political organization concept or ideology that combines the principles of centralization, non-centralization, and power-sharing. In a country like India, ties between the Centre and the States, as well as between the States and Panchayati Raj Institutions and Urban Local Bodies, should be guided by the spirit of cooperative federalism.

History

Kingdoms or empires have dominated the Indian subcontinent by a federal policy of non-intervention in local matters from the ancient period. Because the natural diversities of the people of the subcontinent were so enormous, they could only be constituted a part of a unified empire if no or very little attempt was made to impose a common set of practices and beliefs. The centralized tendencies of rulers like Jahangir and Aurangzeb contributed to the further dissolution of the Mauryas and Mughals. Furthermore, following the Revolt of 1857, when the British opted to withdraw interventionist policies such as the Doctrine of Lapse and the ban on the use of greased cartridges of animal fat, they were only following an age-old pattern of government. The Regulating Act of 1773, which established a system in which the British Government supervised the East India Company’s activities but did not acquire authority for itself, sowed the seeds of cooperative federalism. By envisaging a dual form of governance known as “dyarchy,” the Government of India Act 1919 provided for a federal India, albeit a flimsy one. The same goal was being pursued by the Government of India Act, 1935.

Indian Constitution

Sardar Patel, a powerful leader at the time of the adoption of the Constitution in 1950, was a strong supporter of the federal system and played a key role in the drafting of a federal constitution. The horizontal relationship between the union and the states is known as cooperative federalism, and it demonstrates that neither is above the other. The Indian constitution includes measures to ensure collaboration between the center and the states, which is vital for the country’s proper development. As a result, there are only a few provisions in the Indian constitution that portray the core relationship between state and center. The notion of subsidiarity is used to distinguish between central, state, and concurrent lists. The center has retained residuary power. Article 249[5] empowers the parliament to make decisions on matters that fall under state jurisdiction if the resolution is approved by a two-thirds majority in the state council.

Challenges faced by Cooperative Federalism

The increasing issues that face federalism in the twenty-first century have increased the necessity for cooperative federalism, making its practice as a form of government even more essential. Connectivity and accessibility, both physical and electronic, have greatly improved as a result of technological advancements. Climate change, for example, is a worldwide environmental concern that transcends national borders. Pollution and conservation challenges highlight the uneasy friction that exists between the decision-making processes of governments at the national, state and local levels. Globalization has emphasized the importance of inter-and intra-state agreements on geographical, climatic, environmental, and technical diversity in order to integrate with global processes for viable and sustainable development and growth. What is happening on a global scale is also being felt on a local scale. Because the globe has become a global village, the country’s internal security and political issues are vulnerable to outside interference. Individual states can now engage in bilateral negotiations with the union, circumventing the ineffectual institutionalized structures of collective policy drafting, giving our federalism a platform for negotiation. However, this should be taken with a grain of salt, as power-sharing among states at the national level has failed to reduce regionalists’ and sub-regional parties’ localism, parochialism, and chauvinism. Increased negotiating power will only improve cooperative federalism if the alleged disadvantages of centralism are addressed. The federal structure’s political and social fabric has been vitiated by rising voices of autonomy and secession. States are increasingly feeling deprived and alienated, and they have begun to view all problems through a limited parochial lens. Furthermore, their strategy is growing more violent and confrontational. Terrorism, militancy, organized crime, the problem of internally displaced persons, and refugees are all issues that require the country as a whole to join together, and institutional structures under state governments to assist the center by pooling knowledge and resources. The need to come together now is not just a result of the new issues that the country is facing, but it will also act as an antidote to avoid similar challenges from occurring again in the future. Because of its intrinsic resilience and malleability, cooperative federalism alone strengthens the nation from within, allowing it to survive adversities and obstacles.

Conclusion

The relationship between the center, the states, and the local levels is important to India’s concept of nationhood and is a prerequisite for the country’s progress. It does, however, have a strong political undercurrent. Every center-state and inter-state conflict is, at its core, a political conflict. The difficult nature of center-state interactions stems from this. A quarrel of this nature develops into an economic one over time. Poor politics inevitably leads to poor economics. Integration and unity in the federal structure will not be full unless economic stagnation and imbalanced regional growth are addressed. The issue of safeguarding our nationhood through constructive cooperative federalism, which necessitates the participation of both the federal and state governments, must be addressed by both the federal and state governments. India is a fascinating blending pot of cultures. The same must be treasured and valued. There is no better way to do this than through cooperative federalism. People from various states sink or swim together, and that success and salvation are found in invention, not division; mutuality, not conflict; cooperation, not rivalry, in the long term.

This article is written by Vanshika Samir, a first-year student at the Rajiv Gandhi National University of Law, Punjab.

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–Report by RIDDHI DUBEY

In the matter, Supreme Court states that the verdict should not be uninfluenced by the verdict of the High Court.

FACTS

In the present case, A Journalist from Bangalore Gauri Lankesh who had turned into an activist had been shot down outside her place on 5th September 2017. At least 19 people are been accused of her murder out of which 9 people’s bail plea was rejected back then. It is been assumed that her murder is one of the many attacks that are been made on such activists and writers to shut their voices. She has been a very vocal journalist and used to speak the truth and it’s one of the reasons. Recently Karnataka High Court has quashed organized crime charges against one of her accused named Mohan Nayak and passed the bail plea. On being aggrieved by the judgment of the Karnataka High Court Kavita Lankesh sister of Gauri Lankesh has Filed Special Leave Petition in Supreme Court challenging this Judgment.

PETITIONER’S CONTENTION

Petitioner submits in the petition that Karnataka High Court had failed to evident from Special Investigation Team that the accused was involved in “organized crime syndicate”, different murder cases, had given settler to few criminals and other unlawful activities. Karnataka High Court has failed to go through Section 24 of KCOCA as well. So the Petitioner requests The Apex Court to not get influenced by Karnataka High Court’s Judgment.

JUDGEMENT

On Tuesday Supreme Court bench comprising of Justice Am Kahnwilkar, Dinesh Maheshwari and Aniruddha Bose responding to the Special Leave Petition of Petitioner challenging the order of Karnataka High Court stated that the decision on the bail plea cannot be uninfluenced by the order passed by Karnataka High Court.

KEY HIGHLIGHTS

Senior Office who has been investigating the case has stated that it is one of the toughest cases he has investigated.
There are a total of 19 accuses in the case and all of them are in Judicial Custody.
The first charge sheet of the case was filed in May this year.

What is KCOCA?

Karnataka Control of Organized Crimes Act, 2000 (KCOCA) is a law enacted by Karnataka state in India in 2000 to combat organized crime and terrorism.

What does Section 24 of KCOCA?

Criminal syndicates are often known to commit acts of vigilantism by enforcing laws, investigating certain criminal acts, and punishing those who violate such rules.

When is the special leave petition filed?

SLP can be filed against any judgment of the High Court within 90 days from the date of judgment, or SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.

Justice Sanjay Yadav took oath as Chief Justice of Allahabad High Court on 13th June demitted office on Friday. It was the shortest tenure of Chief Justice in the history of the High Court. He discharged his duty as head of the state judiciary for 13 days. Earlier to Justice Yadav Justice Kamal Narain Singh had the shortest tenure of 17 days, from November 25 to December 12, 1991, and Justice Y V Chandrachud had the longest tenure as CJI.

The reason behind his short tenure is that according to the rule a Chief Justice can serve only up to the age of 62 years and as Justice Sanjay Yadav had turned 62 years he had retired. Before being appointed as Chief Justice of Allahabad High Court he used to serve in Madhya Pradesh High Court. He has also served as Judge of the Allahabad High Court and Madhya Pradesh High Court.

During his tenure in the biggest High Court in India the duties and growth made by him in the matters such as Suo motu COVID-19 proceedings, the dignified burial of unidentified bodies near Ganga, Petitions challenging the validity of anti-conversion law.

-Report by RIDDHI DUBEY

CASE NUMBER

EQUIVALENT CITATION

BENCH

DECIDED ON

RELEVANT ACT/ SECTION

BRIEF FACTS & PROCEDURAL HISTORY

ISSUES BEFORE THE COURT

RATIO OF THE CASE

DECISION OF THE COURT

Case Number

Equivalent Citations

Bench

Date of Judgment

Relevant Act/ Section

Facts and Procedural History

Issues Before the Court

Ratio of the Case

Decision of the Court

In this role you will:

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Company Description

The Position

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About Locobuzz

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Introduction

What is Rape?

Who are rape victims?

Consequences of rape:

Rehabilitation of rape victims:

Conclusion:

History

Indian Constitution

Challenges faced by Cooperative Federalism

Conclusion

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