LEXPEEPS editor – Page 335

The High Court held that urgent measures should be taken to control the deaths of children due to malnutrition or lack of medical facilities in Melghat, Amravati District tribal areas. Considering the case of Dr. Rajendra Sadanand Burma vs State of Maharashtra and numerous PILs, the Division Bench held that all the necessary public health facilities associated with nutrition, pregnancy, and specialists should be provided in the region immediately.

Social Activist, Bandu Sampatrao Sane also played a major role in providing justice to the needy people seeking help. Since last 4 months, more than seventy percent of children below 6 years died and 20 were stillborns in the Melghat region

Chief Justice firmly asks why the help is not provided in the region as there is not even a single gynecologist and pediatrician. The High Court directed the state to monitor the situation quickly, else the State Public Health Department and The Public Health Department Secretary have to rise to the occasion and will be held guilty. Justice Dipankar Datta also warned the Health Secretary that no more deaths should be there by 6 September due to malnutrition. The court adjourned the matter to September 6 and asked for immediate relief and regular health checkups for pregnant women in the Chikhaldara region.

-Report by SANDHYA PRAJAPATI

Case Number

Civil Appeal No. 5837 of 2006 with Contempt Petition (C) No. 38 of 2006.

Equivalent citation

(2007) 3 SCC 169.

Bench

S.B. Sinha, Markandey Katju.

Date Of Judgment

15/12/2006

Relevant Act

The Protection of Women from Domestic Violence Act, 2005

Facts

The petitioner Smt. Taruna Batra was married to Amit Batra, son of the respondent, on 14^th April 2000. After the marriage, Taruna Batra was living with Amit Batra in her in-law’s house. Amit Batra has filed a divorce petition against his wife. In response, Taruna Batra also filed an F.I.R. against his husband, mother-in-law, father-in-law, and sister-in-law under Indian Penal Code Section 406, 498A, 506, and 34. They were arrested by police and after three days they got bail. Taruna Batra started living in her mother’s house. Later, she tried to enter the appellant’s house, but she could not enter because of the lock. Amit Batra had bought a house in Ghaziabad and was living there.

Arguments

The argument made by the petitioner

Smt. Trauma Batra has raised the issue that she has the right to live in the respondent’s house because it is her matrimonial house.

The argument made by respondent

The petitioner has no right because it cannot be her matrimonial house. After all, her husband is not living in the suit property. Her matrimonial house had shifted to her husband’s new house.

The issue before the Court

A woman has the right to reside in the shared household of her husband. Shared household which is defined under Section 2(s) of the Domestic Violence Act, 2005.

Lower Court Judgment

The Senior Civil Judge held that Amit Batra was not living with his parents at their house. Hence, home does not mean where the wife was residing. The respondent had only right to her husband’s property.

After the Lower Court decision Smt. Trauma Batra filed a petition in the High court under Article 227.

High Court Judgment

The High Court held that in India, there is no specific law like the British Matrimonial Homes Act, 1967. The rights may be provided under any statute against the husband’s property and but not against in law’s house. The suit property belongs to her mother-in-law and it does not belong to her husband.

Supreme Court Judgment

The Supreme Court held that a wife is entitled to reside in a shared household which is defined under Section 2(s) Protection of Women from Domestic Violence Act, 2005. A Shared household means the house belongs or is taken by the aggrieved person or the husband and property which belongs to a joint family where the husband is a member. The court decided Smt. Trauma Batra has the right to reside in her matrimonial home. But the Court also held that the wife has no right to reside in the residence which is owned by her in-laws whether it is a matrimonial home. The court observed the High Court decision and disagreed with the High Court concerning the Matrimonial Homes Act which does not exist in India.

Conclusion

The issue is ruling in the case that the wife has the right to reside in a shared household where the husband owns some share. In the decision of the Supreme Court, there is some fallacy in the definition of the shared household.

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

The case analysis has been edited by Shubham Yadav, a 4th-year Law student of Banasthali Vidyapith.

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-Report by GURPREET SINGH

The Court in this case refused to interfere in a settlement deed by invoking its inherent powers under Section 151 CPC, 1908 as pleaded by the petitioners.

FACTS OF THE CASE

A settlement deed was agreed upon by both parties by 3rd November 2016. The deed read that there shall be no further extension/enlargement for any reason whatsoever beyond 30.6. 2021. It further stated that the second party shall remove all its installations, fittings, and fixtures on or before 30.6.2021. The petitioner approached the court on 29.6.21 seeking a modification in terms of the deed.

PETITIONER’S CONTENTION

The main contention of the petitioner was that at the time the deed was signed neither of the parties could predict the pandemic Covid-19 wreaking havoc on the world and due to lockdowns in place the petitioner submitted that they are granted 3 months to remove fixtures and furniture. They contended that in the interest of justice the petitioners be accorded adequate time to vacate the premises and respondent be restrained from seeking forceable eviction.

RESPONDENT’S CONTENTION

The respondents raised doubts about the bona fides of the said petition as the petition the presented at the Nth hour, just a day before 30.6.2021. The respondent relied on Compack Enterprises India Pvt. Ltd. vs. Beant Singh and contended that the court rarely interferes in the settlement deed.

DECISION OF THE COURT

The Court refused to interfere with the settlement deed and dismissed the petition. The Court stated that the deed is clear and unambiguous and it warrants no more extension beyond the stipulated period. The court rejected the argument of petitioners that no one could have predicted the impact of Covid -19, by stating that if the court passes any order that would contravene the settlement deed. The court also rejected the plea of the petitioner that in the interest of justice, they shall be granted be an extension for removing furniture and fixtures by stating that the deed was signed about 5 years back and they had ample time to fulfill their obligations. The Court also relied on the Compack enterprise’s case, which ruled that consent decrees are not to be lightly interfered with by the court, except with the consent of parties involved in the transaction. The circumstances in which the court can modify the consent decrees are where there is a revised consent of the parties, the consent was obtained by fraud, misrepresentation, or mistake, and lastly where there is a clerical or arithmetical error. The Court after examining these circumstances stated that none of them apply to the present case.

Introduction

The Taxation Laws (Amendment) Bill 2021 was presented after India lost retrospective tax demand proceedings against Cairn Energy Plc. and Vodafone. The Taxation Laws (Amendment) Bill, 2021, was introduced in the Lok Sabha on August 5, 2021, by Nirmala Sitharaman, the Minister of Finance. Both the Income Tax Act of 1961 and the Finance Act of 2012 are amended by this bill. The IT Act was revised in 2012 to impose a retrospective tax liability on income derived from the sale of shares of a foreign company. Effective 2021, this retrospective basis for taxation will be eliminated through the Taxation Amendment Bill. As part of the bill, any demand for “indirect transfer of Indian assets” made before May 28, 2012, are to be withdrawn or provide an undertaking to withdraw pending litigation, as well as an undertaking that no claim for cost, damages, interest or other compensation is to be made with the enactment of the bill. The proposed Taxation Laws (Amendment) Bill 2021 would also allow companies exposed to retrospective tax demands to be refunded the amount paid without interest thereon.

Background

What is retrospective taxation?

An enactment of retrospective taxation is government-enacted legislation that taxes specific products, items, or services, as well as deals, and collects money from businesses even before the legislation is enacted. Governments frequently amend tax laws retrospectively to clarify existing legislation, which can hurt businesses that misinterpreted the rules. Businesses that have taken advantage of loopholes in past laws have been taxed retrospectively in many countries, including the United States, the United Kingdom, the Netherlands, Canada, Belgium, Australia, and Italy.

The Vodafone – Hutchison Case

Vodafone paid $11 billion for a 67 percent share in Hutchison Whampoa in May 2007. This comprised Hutchison’s mobile telecommunications business as well as other Indian businesses. A demand was made by the Indian government initially of Rs 7,990 crore in capital gains and withholding tax from Vodafone in September of that year, claiming it should have deducted the TDS (Tax at Source) before making the payment to Hutchison. The demand notice was contested at the Bombay High Court, but the judges favored the Income Tax Department. Later, Vodafone Group challenged the judgment of the High Court in the Supreme Court, which ruled in 2012 that Vodafone’s interpretation of the Income Tax Act of 1961 was correct, thus preventing the company from paying taxes. Therefore, the question of taxation of gains arising from the transfer of shares of foreign companies, also known as “indirect transfers of Indian assets”, was the subject of protracted litigation. In 2012, the Supreme Court further stated and observed that the gains deriving from the indirect transfer of Indian assets are not taxed under the Income Tax Act’s current provisions.

Amendment to Finance Act, 2012

A retrospective amendment to Section 9 was enacted by the Finance Act of 2012. Explanations 4 and 5 were added to Section 9 (1) (i) of the Finance Act, with retrospective effect from the date of January 1, 1962. Gains deriving from the transfer or sale of shares or interest in a foreign firm are taxable in India if such shares, directly or indirectly, derive their value substantially from assets positioned in India, as per the amendment.

The Supreme Court pointed out in Vodafone’s case that the word “through” in section 9 does not indicate “as a result of.” Explanation 4 was added to address these concerns by clarifying that the term “through” in section 9 (1) (i) should mean and include “utilizing,” “in consequence of,” or “because of,” and shall be regarded to have always meant the above contentions.

A capital asset or asset situated in India is considered to have been disposed of in India, while income arising from such a transfer is deemed to be accrued or derived in India following explanation 5 to section 9 (1) (i) if;

If the capital asset or asset is a share or of interest to the company incorporated outside India;
The shares derive their value from the assets located within India; and
The values may be derived from the assets situated within India both indirectly and directly

Analysis Of The Taxation Laws (Amendment) Act, 2021

CONSEQUENCES ON PENDING ASSESSMENT

The fourth proviso to Explanation 5 (also known as indirect transfer of assets) of Section 9 (1) (i) states that the provisions of Explanation 5 (indirect transfer of Indian assets) do not apply to income accruing or derived from indirect transfers of Indian assets made before May 28, 2012. When assets seated in India are indirectly transferred before the 28th of May 2012, Explanation 5 of Section 9 (1) (i) would not apply retrospectively. As a result, income derived from or originating from such an indirect transfer of Indian assets or capital assets is not taxable in India with effect to the Amendment. Thus, all the pending litigations concerning assessment or rectification relating to computation of income derived from indirect transfer of assets would be concluded despite any specific additions.

CONSEQUENCES ON CULMINATED ASSESSMENT

When assets situated in India are transferred indirectly before 28 May 2012, the retrospective effect of Explanation 5 to Section 9 (1) (i) is excluded. As a result, income derived from or originating from such an indirect transfer of assets or capital assets which are Indian is not taxable in India with effect to the Amendment. In the Sixth Proviso, if any amount becomes refundable to such a person, the person will be refunded, but no interest will be paid under section 244A.

Only those assessees’ who meet the following criteria will be granted relief in scenarios of completed assessments:

In the event, the assessee has filed an appeal or writ petition before an appellate authority or the High Court or the Supreme Court against any order in reference to such income, he shall make a withdrawal or submit an undertaking for withdrawal such appeal or writ petition;
As per any law currently in force or under any agreement India has entered into with any other country or territory out of India, where the said participant has initiated an arbitration, conciliation, or mediation proceeding, or has given any notice thereof he must withdraw or furnish an undertaking to withdraw any claim he may have made in such proceedings or notice;
An undertaking shall be provided by the mentioned person waiving any right that would be available to him otherwise under any law currently in force, or under any agreement entered into by India with any such country or territory outside India;
Any other conditions as may be prescribed

Amendment To Section 119 Of Finance Act, 2012

Section 119 of the Finance Act of 2012 inserted a validation clause to validate all demands raised/notices sent in association with the indirect transfer of assets, stating that any decision of any Court, Tribunal, or other body, including the Supreme Court’s decision in Vodafone’s case, holding such indirect transfer to be outside the purview of section 9 (1) (i), will be disregarded.

By the introduction of the proviso to Section 119 of the Finance Act of 2012, the Act proposes a consequential adjustment to the aforesaid provision. It states that if a person meets specific circumstances, such as withdrawing or submitting an undertaking for the withdrawal of existing litigation and making a promise that no assert for costs, damages, or interest will be made, this section will no longer apply to them.

Conclusion

The government announced the repayment of about Rs 8,100 crore in levies collected while enforcing the 2012 amendment. In all circumstances where the demand for the tax was made for transactions conducted before May 28, 2012, the demand will be “nulled on fulfillment of specified requirements.” The 2012 amendment drew substantial criticism, particularly from international sectors, because it violated the principle of tax certainty by having a retrospective effect. With the application of the Amendment Act of 2021, to eliminate retrospective taxation the repercussions would be a huge boost to the investment ecosystem and to ensure the element of certainty in taxation.

The present article is written by Aathira Pillai, the 5th year BLS LLB student of Dr. D. Y. Patil College of Law.

The present article is edited by Shubham Yadav, the 4th year Law student of Banasthali Vidyapith.

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Rights:-

Individuals’ positions in a state can only be defined by their rights. Individual rights are required for a person’s personal, social, economic, political, mental, and moral development. They are vital not only for man’s development but also for the development of society and social worth. A right is an individual’s claim as well as a political and societal acknowledgment. Rights have a moral character and are intertwined with responsibilities. One’s right implies one’s or another’s responsibility. Rights should be used for the greater interest of society. Moral Rights, Legal Rights, Civil Rights, Political Rights, Economic Rights, and Human Rights are the main categories of rights.

Human Rights:-

Human rights are defined as the rights that every person has the right to enjoy and have safeguarded. Some of the rights and concepts are universal by definition. Natural Rights gave birth to the concept of human rights. Human rights are a subset of traditional natural rights. Human rights do not discriminate based on race, religion, gender, or language. Fundamental rights are another name for human rights. Peace, progress, and humanitarianism are all linked to human rights. The welfare and advancement of an individual are the goals of rights.

Definition:-

Human Rights are defined as “rights relating to life, equality, and dignity of the individual guaranteed by the Constitution or enshrined in an international covenant and enforceable by Indian courts,” according to Section 2(d) of the Protection of Human Rights Act, 1993.

History Of Human Rights:-

The concept of human rights has a long and illustrious history. Religions and cultures have fought for rights and fairness throughout history. One of the UN’s founding treaties lists reaffirming faith in fundamental human rights as one of its goals. The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. The basis for present international human rights law is contained in this paper, which was drafted by an international group chaired by Eleanor Roosevelt. Human rights law is continually changing, as are our perceptions and definitions of what constitutes basic human rights.

The Universal Declaration of Human Rights was adopted by the United Nations in 1948. It is a document that discusses basic human rights, which are rights that everyone has just because they are human. There were several issues before 1948, when there were no human rights, such as –

1. War/ Conflict

2. Violence

3. Discrimination and Racism

4. Arbitrary Arrest

5. Dictatorship, I.e., Absence of Democracy

Human Rights were created to address all of these issues. The right to life, the right to freedom, the right to justice, and the right to equality are all examples of human rights. Regardless of their differences, all humans are equal. Right to health care, right to marry and start a family, right to an education, right to work or find work, right to a home or shelter, right to freedom of expression, right to select religion, right to own property, and right to vote These are only a few of the fundamental rights that every person in the world has from birth to death. They can never be taken away from you, yet they can be limited at times.

Important Concept Of Human Rights:-

MAGNA CARTA – It is often referred to as the Great Charter. On the 15^th of June, 1215, King John of England signed a charter of rights. It aimed to bring unpopular kings and a group of people together in harmony. It further said that church rights will be protected.

THE VIRGINIA DECLARATION, 1776 – The number of fundamental rights as specified in this proclamation. It also said that all men are born equal in terms of freedom and independence, as well as having some inherent rights.

UNIVERSAL DECLARATION OF HUMAN RIGHTS, 1948 – It was adopted by United Nations General Assembly. It is a document that sets out for the first time, Fundamental Human Rights to be universally protected.

INTERNATIONAL COVENANTS, 1966 – The United Nations General Assembly adopted two covenants on 16 December 1966

1. The international covenant on Civil and Political Rights (ICCPR)

2. International Covenant on Economic, Social and Cultural Rights (ICESCR)

INTERNATIONAL BILL OF RIGHTS – The International Bill of Rights is made up of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social, and Cultural Rights (ICESCR), and two optional protocols.

Characteristics Of Human Rights:-

Human Rights are vital and necessary.
Human Rights are inalienable.
Human Rights are associated with human dignity.
Human rights are unalienable.
Human Rights are required for the fulfilment of life’s purpose.
HUMAN RIGHTS ARE INHERENT IN ALL HUMAN BEINGS
Human rights are unalienable.
Human rights are in constant flux.

Human Rights Day:-

Every year on December 10^th, Human Rights Day is commemorated around the world. The Universal Declaration of Human Rights was adopted by the United Nations General Assembly on this day in 1948. (UDHR).

The day celebrates the fundamental human rights that everyone has by birth, regardless of race, color, religion, sex, language, political or other beliefs, national or social origin, property, birth, or other position. They attempt to engage the general public with the UN Human Rights generalist call to action “Stand Up for Human Rights.”

Objectives Of Human Rights:-

The goal of Human Rights is to provide people a sense of security. To cultivate each person’s identity, self-esteem, and respect for the human dignity of all individuals. The basic goal of granting people fundamental rights is to foster diversity respect, understanding, and appreciation. It also aspires to promote democracy, social justice, and equality.

The present article has been written by Kiran Israni, 2^nd Year Law Student of Baba Saheb Ambedkar College of Law, Nagpur.

The present article has been edited by Shubham Yadav, 4th year Law student of Banasthali Vidyapith.

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Introduction:-

Bitcoin is very similar to real estate transfers in that it covers almost all aspects. The transactional characteristics, such as the Buyer and Seller, the price to be paid as “consideration,” and the endorsements, are strikingly similar. But it’s worth noting that Bitcoins are scarce, and they’re not particularly valuable. However, much like any other real estate transaction, Bitcoin transactions have public records. The Bitcoin Database is a public record that keeps track of all Bitcoin transactions. Anyone with access to a computer can see any Bitcoin transaction, just like when you go to the Registrar’s office to find out about title deeds. However, unlike property, where the government imposes a stamp duty to give credence to the validity of the transfer, there is no governmental monitoring or cooperation with the operations.

Bitcoin As ‘Property’ Or ‘Goods’:-

At the very basic level, what becomes the foundation for Bitcoin are the computer codes, thus, Bitcoin does not exist in physical/tangible form. Hence, the question that pops up is to regulate the Bitcoin transaction, could be deemed to be Movable property under the laws?

It is important to note that the Transfer of Property Act, 1882, is the main statute that governs the property elements. However, while this Act covers characteristics of moveable property, it does not define what constitutes movable property, which is crucial to determine if Bitcoin falls under its scope. The term “movable property” is defined in the General Clauses Act of 1897, and it is taken from there for all purposes. Movable property is defined in Section 3(36) of the Act as:

“Movable property” shall mean property of every description, except immovable property.”

The scope of this term is quite broad, and it includes intangible properties as well. It is important to note that the term “goods” is defined as follows in Section 2(7) of the Sales of Goods Act 1930:

“Goods means every kind of movable property, other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale”.

As a result, Bitcoins might be considered goods because they are transportable property. However, the judiciary has not put much effort into determining whether the intangible property also applies in the virtual sphere.

Tata Consultancy Services v. State of Andhra Pradesh:-

However, in the case of Tata Consultancy Services v. State of Andhra Pradesh, the Hon’ble Supreme Court has opined that –

There is no distinction between tangible and intangible property in Indian law. A ‘goods’ might be either a tangible or intangible asset. It would be considered goods if it exhibited the following characteristics: (a) utility; (b) ability to be purchased and sold; and (c) ability to be transported, transferred, delivered, stored, and possessed. If a piece of software, whether customized or not, fits these criteria, it is considered good.

Given the current legal structure around the intangible property, it is possible to conclude that Bitcoin fits within this category.

American Law For The Property:-

Three tests are mandated in the American legal system for determining the existence of a property right, which are reprinted below:

There is a specific definition of an interest;
It is capable of exclusive possession or control; and
The putative owner has demonstrated a valid claim to exclusivity.

To begin with, the individual who buys Bitcoin has a valid stake in it, and the value of that interest can be assessed in terms of the country’s currency. Second, there is no doubt that the individual who purchases Bitcoins has exclusive control of them. It’s similar to real estate, where a person holding the title deeds can only deal with that property; similarly, there are credentials in Bitcoin. Finally, but certainly not least, a person has a legitimate claim to it because when Bitcoin is transacted, it is recorded in the network’s chain of transactions, which eliminates the possibility of a fraudulent transfer.

Thus, it could be said under that the American Legal System, there is recognition of Bitcoin as intangible property.

Bitcoin As ‘Commodity’:-

When Bitcoins are classified as intangible property, it’s important to determine if they also meet the criteria of a commodity. Similarly, the transportable property, or commodity, is not defined, and there is no legal precedent on the subject. However, according to the dictionary, it refers to “every moveable thing that is purchased and sold (excluding animals), a commodity of trade, and a movable article of value or something that provides ease or advantage, especially in commerce.”

In the matter of Tata Consultancy (Supra), Justice Sinha stated that the term “commodity” refers to commodities of any sort, as well as something useful or a commercial item.

As a result, Bitcoins fall under the definition of a commodity, as well as intangible property, under Indian law.

Crypto-Currencies As ‘Asset’:-

While Bitcoin transactions are still unregulated, the income and gains generated by Bitcoin transactions have been taxed by the taxing authorities. As a corollary, they might be considered an asset because they are taxed.

As a result, it could be claimed that the government is gradually moving toward regulating Bitcoin transactions.

Conclusion:-

There has been a steady increase in Bitcoin investment across India and the rest of the world. These investments’ fate is inextricably linked to the fate of Bitcoins. As a result, it is vital to preach on the Legal Aspects of Bitcoins and their Regulation. Based on the foregoing legal position and authorities, it may be determined that it is most appropriate for intangible property and commodities. However, before any judicial pronouncements by a court of law, the very minimum might be said.

The present article has been written by Kiran Israni, 3rd Year Law Student of Baba Saheb Ambedkar College of Law, Nagpur.

The present article has been edited by Shubham Yadav, 4th year Law student of Banasthali Vidyapith.

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Media personnel are at risk during natural disasters and are supposed to consider as frontline workers availing them with vaccine drive and insurance benefits.

Personnel from central and state police organizations, civil defense volunteers, military forces, jail staff, revenue officials involved in surveillance, disaster management volunteers, and municipal workers, according to the center, are frontline workers.

Other kinds of personnel, such as government departments of banking, railways, and journalists, are also included as frontline workers in several Union territories and states. The federal government advises states to follow the guidelines set forth by the Ministry of Health and Family Welfare, but the health secretary says states can add new categories and are required to administer vaccines procured directly by the state government.

The people of the world are currently witnessing a unique way of media working and activistic activity. Media is the fourth pillar of democracy, acting as a bridge between the people and the government by identifying its flaws. This pandemic prompted many to look between the lines of one of the world’s longest written constitutions.

At this time, the population must share accurate information about current events, problems, and solutions. The media can help us get justice. Although the Supreme Court of India has established a mobile app for journalists to attend virtual hearings, they are not required to come out. In addition, the Supreme Court plans to release Indicative Notes on mobile apps and websites, which will aid in the compilation of judgments. However, fieldwork will be required to connect with citizens and solve problems. As a result, crowd exposure is unavoidable.

Because of the rise in Covid-19 disease across the country, many states have designated journalists as frontline workers, requiring them to get vaccinated first, ahead of others such as doctors, nurses, and police officers. It is critical to do so since fundamental rights apply to all citizens of the country, and media workers are no exception. Photographers, videographers, cameramen, technical workers, and editorial staff are among the frontline media professionals listed.

Frontline workers are those who work day and night to stabilize the situation, and I believe that, while others are battling for their rights, media professionals (newspapers, video, and audio sources) are left behind. Isn’t it true that they have a right to life? Well, the Federation of All India Medical Associations, The Editor Guild of India, The Kerala Union of Working Journalists, and others have addressed this issue, informing Prime Minister Narendra Modi about the inclusion of media professionals as frontline workers, which has received widespread support, including from Delhi Chief Minister Arvind Kejriwal. Journalists, like other frontline employees, are exposed to the public regularly and “cannot work from home.” They also engage with danger daily to cover public and pandemic concerns.

After the death of Vipin Chand, a 41-year-old visual media journalist in Kochi, the demand has grown even stronger. The Press Council of India had previously issued a statement. Furthermore, working without protection is difficult for them. According to the Geneva-based Press Emblem Campaign, India is one of the top three countries in the globe where journalists have died as a result of Covid-19.

According to the center’s new vaccine policy, 50% of vaccines are free, while the remaining 50% must be procured on their own. Both Biotech and the Serum Institute have taken a step back in terms of completing the order. To begin, the state governments of Tamil Nadu, West Bengal, Madhya Pradesh, Bihar, Uttarakhand, Odisha, Karnataka, and others declared journalists to be frontline workers and mandated vaccination for all, regardless of age.

Conclusion:-

The media service is a smooth one that keeps people informed about current events. In addition, the Odisha government has announced an ex-gratia of Rs. 15 lakh for the families of journalists who died as a result of Covid-19, and Chief Minister Naveen Patnaik stated, “A total of 6,944 working journalists in the state have been covered under the Gopabandhu Sambadika Swasthya Bhima Yojana.” They would each receive a Rs 2 lakh health insurance policy.”

The journalist union, Mumbai Marathi Patrakar Sangh, recently filed a Public Interest Litigation (PIL) petition in the Bombay High Court, claiming that twelve states have declared journalists and other media personnel as frontline workers (Mumbai Marathi Patrakar Sangh v State of Maharashtra & Anr.).

The present article has been written by Kiran Israni, 3rd Year Law Student of Baba Saheb Ambedkar College of Law, Nagpur.

The present article has been edited by Shubham Yadav, 4th year Law student of Banasthali Vidyapith.

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Introduction

The spread of COVID-19 has led to the closure of educational institutions around the world. This has posed a challenge to universities’ preparedness for a crisis that will necessitate the use of new technology, such as hardware and software, to facilitate successful online learning. This closure has expedited the development of online learning environments, allowing students to continue their studies without interruption.

This has posed a challenge to universities’ preparedness for a crisis that will necessitate the use of new technology, such as hardware and software, to facilitate successful online learning. This closure has expedited the development of online learning environments, allowing students to continue their studies without interruption.

Many universities have been looking into the best ways to distribute online course content, engage students, and administer exams. Hence, COVID-19, while being a danger to humanity, has evolved institutions for investing in online learning.

Online learning systems are web-based software for distributing, monitoring, and managing courses over the Internet.2 It entails the use of technological advances to direct, design, and deliver learning content as well as to facilitate two-way communication between students and faculty.3 They include features such as whiteboards, chat rooms, polls, quizzes, discussion forums, and polls that allow students to participate in discussions.

What Are The Views Of Teacher’s On Online Education:-

According to the faculty, online learning made distance learning more manageable and provided students with easy access to teachers and teaching materials. It has also resulted in a reduction in the use of travel resources and other costs. Administrative responsibilities such as lecture recording and attendance assessment were made easier. During the lockdown, both students and teachers agreed that online learning modes had aided student centrality. The pupil had evolved into a self-directed learner who could learn at any time of day.

Teachers and students stated that they were unable to teach and learn practical and clinical work using online learning methods. They could only teach and assess knowledge components. Teachers were unable to measure student understanding during online classes due to a lack of fast response. Students also cited a restricted attention span as a drawback, as well as the resource-intensive nature of online learning. Some teachers also complained that pupils misbehaved and attempted to use online resources during exams while studying online.

Problems In Online Education:-

The availability of the Internet in provincial and rural areas, the speed and cost of the Internet, the availability of electronic devices to access the Internet, and the lack of interaction between students and teachers were among the most prevalent issues related to online education in general. While the lack of application of the clinical context, the unavailability of online knowledge in certain areas, such as veterinary anatomy, the difficulty of delivering practical lessons online, and the loss of touch with the animals were all challenges connected with online veterinary training.

How Online Education Can Be Improved?

To improve online education in general, it is recommended that platforms for online learning be provided, that students be provided with electronic devices to access the Internet, that Internet speed be improved, that cheaper or even free Internet packages be provided during the pandemic, that teachers be trained, and that student-teacher interaction is improved. Additionally, providing virtual resources to simulate lab work, teaching hands-on lessons using interactive technologies, such as 3D films and animations, and providing accessible e-books and instructional videos for hands-on lessons are all advised to improve online veterinary education.

Recommendations To Improve:-

The following are the students’ proposals for improving online learning:-

Universities should provide online learning platforms with simple access to study resources.
Provide students with electronic devices, such as computers and tablets, to access the Internet.
Provide training to teachers on e-learning tools and IT skills.
Improving internet speeds and providing cheaper or even free internet packages during the pandemic.
Improve the way of teaching by encouraging students to learn in different methods and attract them to study online.
Provide virtual resources to simulate lab work or live streaming directly from the lab.
Improve the interaction between students and teachers by assigning different fun activities.
Decreasing in the amount of work in the classroom could help in reducing student stress.
Provide quizzes and online assignments after each lesson to measure student understanding.
Hands-on learning through interactive tools, such as videos and 3D animations, is significantly more effective than text materials such as power points and pdfs, voice recordings should be provided with the lesson text.

Conclusion:-

Teachers and students advocated for the faculty’s continued development. When teaching online, they suggested reducing the cognitive burden and increasing engagement. Case-based learning can be started online, according to those in clinical years. However, other people believe that after the COVID-19 pandemic is under control, revision classes and psychomotor practices on teaching should be implemented. They recommended purchasing premium software and other supervision software to detect cheating and plagiarism in order to increase the quality.

The current study advocates for the adoption of online learning in medical and dentistry schools because of its numerous benefits. E-learning modalities promote student-centered learning and are simple to manage during a lockdown. It’s worth noting that online learning in Pakistan is still in its early stages. It began as “emergency remote learning,” and with more investment, we will be able to overcome any obstacles. Teachers must be taught in the usage of online modes as well as the development of lesson plans that are less cognitively demanding and more interactive.

The present article has been written by Kiran Israni, 3^rd Year Law Student of Baba Saheb Ambedkar College of Law, Nagpur.

The present article has been edited by Shubham Yadav, 4th year Law student of Banasthali Vidyapith.

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-Report by Jayseeka Virdi

The Supreme Court on Friday set aside the judgment and decree passed by the First Appellate Court and that of the High Court and passed a decree in favor of the plaintiffs. A bench consisting of Justice Hemant Gupta, A.S. Bopanna said that the suit for redemption of the mortgaged property filed by the appellants must be allowed.

PLAINTIFF’S CONTENTION

The plaintiff relied on various cases to prove its stand, they contended that in Pandit Chunchun Jha v. Sheikh Ebadat Ali & Anr., the suit by the plaintiff for redemption was dismissed by the High Court but when an appeal was filed in the Supreme Court, that appeal was approved. Further, that contended that in the case of Shri Bhaskar Waman Joshi v. Shri Narayan Rambilas Agarwal, the Supreme Court upheld the right of redemption. Counsel for the plaintiff relied on the evidence of the conduct of transferors/defendants which indicated the character of the transaction as a sale. (but this was further dismissed by the Court). A complete reading of the document would show that a sum of Rs.3,000/- was taken as a loan from the defendant for household expenses. The same was to be returned and the defendant was bound to retransfer the land. The condition that if the plaintiff is not able to pay the loan amount within one year, the document will be taken as a permanent sale deed is a contentious clause between the parties.

KEY HIGHLIGHTS

SC heard the CIVIL APPEAL NO. 10197 OF 2010 filed by the plaintiff which challenges the judgment passed by the HC which affirmed the order passed by the First Appellate Court.
Both the Courts ruled in favor of the defendants and dismissed the suit for redemption filed by the plaintiffs of the mortgaged property.
The petitioner wanted his land back from the defendant by giving him the amount he took from him as per the document, and the defendant denied giving him back his. The plaintiff/appellant through this appeal prays in the SC for the redemption of his lands. The SC ruled in favor of the plaintiff and allowed the appeal.

DEFENDANT’S CONTENTION

The learned counsel relied on the judgment of Vanchalabai Raghunath Ithape (Dead) by LR v. Shankarrao Baburao Bhilare (Dead) by LRs & Ors. 10. In this case, the suit for redemption filed by them was maintained. But he said that the cases reported in Umabai and Tulsi were not brought to the notice of this Court. The learned counsel contended that, since such judgments were not being considered, the judgment of the Supreme Court in the Vanchalabai case could not form a valid and binding precedent on the Court. The learned counsel for the defendants further referred to Dharmaji Shankar Shinde & Ors. v. Rajaram Shripad Joshi (Dead) through LRs & Ors, the suit of redemption filed by the plaintiffs was dismissed by this Court. Another judgment relied on by him was Sopan (Dead) through his LR v. Syed Nabi. Learned counsel for the defendants also referred to the fact that the suit by plaintiffs was filed after twenty years of the document being executed and, during the time, the defendants had improved the land. Therefore, because of this, the plaintiff was not allowed to demand redemption.

SUPREME COURT ALLOWED THE APPEAL

The Supreme Court allowed the appeal by the plaintiffs and said that the defendant’s contention that the plaintiff had filed suit for redemption after 20 years of execution of the document could not be accepted because the limitation period for filing a suit for redemption was 30 years. Therefore, the Court said that they found the order of the First Appellate Court which accepted the appeal of the defendants and dismissed the suit for redemption was not legally sustainable, and the same goes for the order of the High Court.

What are the key provisions of the Transfer of Property Act, 1882?

Section 63 of the Act states that accession by the mortgagee, during the mortgage being continued, the mortgagor shall be allowed to such accession on redemption, but if a contract has been signed to the contrary then he shall not be entitled to accession even in redemption.
Section 63(a) of the Act, liability of mortgagor to pay for improvement arises only if the mortgagee incurred the costs in an unavoidable situation, for example, to prevent it from destroying or necessity arose because of the security being inadequate or to comply with an order bypassed a competent authority.
Section 58(c) of the Act, as amended in the year 1929 and a proviso was added to the section, which said that no transaction will be considered to be a mortgage, unless and until such condition is already present in the particular document which affects the sale.

Discuss the provisions related to Transfer of Property Act

Section 5
Section 7
Section 54
Section 58(c)

The Supreme Court on 16th August, 2021, criticized the Tribunals Reforms Bill 2021 introduced by the Finance Minister, Ms. Nirmala Sitharaman, on August 2, 2021, and passed by the Parliament last week. The Bill reenacts the same provisions struck down by the Court in the Madras Bar Association vs Union Of India on 14 July 2021.

The Supreme Court asked the Solicitor General of India why the bill was introduced with the provisions struck down by the Court. CJI NV Ramana said that the Court was not commenting on the Parliament proceedings, but at least the Court must know why they introduced the Bill despite it being struck down by the Court. The CJI said that the Finance Minister replied to the court that it did not strike down the provisions on grounds of unconstitutionality. Further, the CJI went on to say if the statement of reasons made by the Minister can be presented in the Court.

The Solicitor General replied that since the Bill was yet to become an Act, he did not have the authority to give any response. He further requested a time order to consult AG KK Venugopal, so that he could make a statement in the Court. The Court expressed its concerns about the vacancies remaining unfilled in Tribunals. The CJI quoted to the Solicitor General observations from the judgment of the Madras Bar Association case, where the Court concluded how it was necessary to keep Tribunals free of executive influence, and how justice can be achieved only when these Tribunals could function independently of any executive control.

The CJI added some other portions from the same judgment which disapproved of the practice of legislature making laws to nullify judgments. The Solicitor General requested ten more days to make a statement regarding the filling up of vacancies, the CJI replied that enough number of vacancies were given last time too.

The Solicitor General assured that progress can be made in the next ten days as the concerns of the Court were communicated to the Centre. He further added that appointments were “under process”.

CJI replied that they have been hearing these words “under process” for too long and that now these words meant nothing. Further, he gave ten days and hoped that appointments will be completed within these days. The bench said that only because the presence of such issues should not be a hindrance in the way of appointing members to Tribunals, ten more days were given.

Report by Jayseeka Virdi