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40 Important Judgments that Transformed India

Last updated on September 23, 2022 by Alex Andrews George

Important judgments that transformed India - 9355321295

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

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

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

Table of Contents

40 Important Judgments that Transformed India: List of Cases

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

100+ Landmark Supreme Court Judgments in Brief

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

Some of the other cases included in this book include:

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

Famous Cases that made news headlines

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

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

Cases Laws: Conflict Areas vs Judgments

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

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

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

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

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

Salient Features of the Important Judgments that Transformed India 2 Edition

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

Special Attractions of the 2nd Edition of IJTTI

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

Book Details

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

Buy Important Judgments that Transformed India – 2nd Edition

  • Buy on Amazon
  • Buy on Flipkart
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About Alex Andrews George

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

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

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

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September 14, 2023 at 12:41 pm

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sir hindi me milegi kya ye book

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7 Landmark Court Cases that changed Indian Laws

To cope up with the changing nature of the society, indian constitution also goes through a transformation. in our country, there are some cases that have created a landmark and helped in generating new laws. due to which not only constitution is amended, but also change the view & opinion of the people. this article deals with 7 cases of court that paved the way to change the laws in india..

Shikha Goyal

1. Nirbhaya Case

Amendment: Juvenile Justice Act of 2000

Source:www.missionsharingknowledge.files.wordpress.com

On 16 December, 2016 a brutal case of gang rape and murder shock the nation. A 23 year old was assaulted and raped in a bus by 6 men and then threw her body on the road. Out of 6 men; 5 were adults and one was a 17 year old juvenile. When they got arrested, the 5 adult men got 10 years of prison and one of them found dead in the jail itself during the course of a trial. The juvenile aged 17 was sent for correction facility, for three years. But brutal acts in this case had shocked people beyond belief. Finally, the four convicts were awarded death penalty by Delhi court.

The incident shook the nation’s conscience and sparked massive protests and subsequently led to the replacement of a Juvenile Justice Act 2000 i.e. the age bar to be tried as an adult was lowered from 18 to 16 years.

In fact, the Centre and the Delhi Government prompted a number of steps to ensure safety of women, curb such incidents and facilitate quick disposal of cases.

2. Shah Bano Begum vs Muhammad Ahmed Khan

Amendment: Section 125 of Criminal Procedure Code 1973.

Source: www.sabrangindia.in.com

Shah Bano was a mother of 5 and at the age of 62 she was divorced by her husband Muhammad Ahmed Khan in 1978 . She went to court asking maintenance from her husband who had divorced her. She demanded alimony which was against the Islamic system. Even the government ruled in favour of her husband. Keeping her health and old age in mind the Supreme Court ruled in favour of Shah Bano maintaining the secularism and welfare of women which amended section 125 of the Criminal Procedure Code. For all Muslim wives this judgement provided maintenance from their husbands in case of divorce.

3. KM Nanavati vs State of Maharashtra

Impact: If Jury could be influenced, thereby abolish the jury system i.e. suspension of jury trial.

Source: www.google.co.in

Interesting Facts about Supreme Court of India

K.M Nanavati was 34 years old when his life turned upside down. He was a naval officer and married to Sylvia . He lived in Mumbai with his wife and children. In the absence of Nanavati due to loneliness Sylvia started meeting his friend Prem Ahuja and fell in love. On 27 th April, 1959 Sylvia confesses to her husband, that she was in love with Ahuja and also expressed her fear that Ahuja did not want to marry her. Then Nanavati went to Prem Ahuja’s house to ask whether he wanted to marry Sylvia and take care of the children but he refused. In anger Nanavati shot 3 bullets in his body and he died. This was an open case, received lots of media coverage and finally the jury verdict went in favour of Nanavati.

Bombay High Court , Judge overruled the verdict of the jury and found Nanavati guilty of murder and sentenced him to life imprisonment. He got out of the Prison three years later. The case proved that an influenced panel of jury could be dangerous, as it abolished the jury system.

4. Mary Roy vs State of Kerala

Amendment: The Indian Succession Act, 1925, be applied to Christians in Travancore and Cochin too where daughters got equality.

Source:www.miracle8.files.wordpress.com

Mary Roy’s husband passed away without leaving a will. She was a mother of Arundhati Roy and decided to challenge the inheritance act which stated that without will, her daughter will lose the right to property. The Travancore Christian Succession Act, 1092 , stated that if a man died without leaving a will for his daughter, she will not be entitled to anything. Therefore, a son would get the property.

Mary Roy fought a battle for her daughter and invoked article 14 by saying that she has equal right to property. Further, she stated that equal property rights should be given to all Syrian Christian women. Finally, the Supreme Court ruled in favour and the Indian Succession Act, 1925 be applied to Christians in Cochin also. That means female child is entitled to a share equal to that of her brother if the father dies intestate.

Amendment: The Criminal Law Act, 1983

Source:www.s-media-cache-ak0.pinimg.com

There was a minor tribal girl called Mathura , in the year 1972 on 26 th March she was summoned to the police station at night. An officer at the police station raped her and let her go. Mathura decided to file a rape case against the officer. But do you know that Supreme Court ruled in favour of the policeman. As, it was stated that there were no signs of struggle on Mathura’s body and also she did not even shout or called anyone for help.

But this case gained lots of support from public and finally an amendment in the Criminal Law Act, 1983 was effected . According to this amendment custodial rape is an offense and therefore, it is punishable and the method to deal with consent was henceforth included under India’s Rape Laws.

6. Vishaka vs State of Rajasthan

Impact: Generated laws for women, which gives protection from sexual harassment at their workplace

Source:www.sites.google.com

Bhanwari Devi was a social worker who was gang raped in the year 1992 in a village of Rajasthan. She was trying to prevent her daughter as she was one year old and did not want to get married. So, took a step against her family. She filed a case and demanded justice. She received a lot of support from NGOs, which forced Supreme Court to announce a prime verdict that helped to protect women from sexual harassment in their workplace and helped in establishing general equality.

Do you know that before 1997 there were no such guidelines regarding protection of women at their workplace and in April 2013 , the court established The Sexual Harassment of Women at Workplace Prevention Act i.e Prevention, Prohibition and Redressal Act 2013 . The guidelines given by Vishakha played an important role in formulating and making these laws effectively.

7. Rajagopal vs State of Tamil Nadu

Impact: Extended the boundaries of Article 19 i.e. right to freedom of speech and expression, one of its six freedoms.

Source:www.tse4.mm.bing.net.com

In 1994 , a prisoner charged with murder and wrote an autobiography. He went to publishing house where weekly magazine was printed in Madras and wanted to publish his autobiography, which had details of the murder and many senior officials were also involved in it. Now, the officers got scared and sued the magazine agency while saying that the story is false. But the Supreme Court ruled in favour of the publishing house by saying that public officials can be sued only if the printed story is untrue. This judgement opened a new horizon for freedom of expression and right to privacy.

Get here current GK and GK quiz questions in English and Hindi for India , World, Sports and Competitive exam preparation. Download the Jagran Josh Current Affairs App .

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Legal Bites

Landmark Judgments - Lists, Subjectwise Case Laws and Notes

Here's the list of landmark judicial decisions that changed the laws and everyday life..

Landmark Judgments - Lists, Subjectwise Case Laws and Notes

Here's the list of Landmark judicial decisions that changed the laws and everyday life. These Landmark Judgments have been presented for easy grasp and quick learning.

Landmark Judgment

  • Important Judgments of 2023 : Legal Bites Year Update
  • Important Judgments of 2022: Legal Bites Year Update
  • Important Judgments of 2021: Legal Bites Year Update
  • Important Judgments of 2020: Legal Bites Year Update
  • Landmark Judgements on Gender Equality: The Practical Reality
  • Landmark Cases on Contract Law
  • 10 Important Case Laws Related to the Law of Evidence
  • 20 Landmark Cases on Hindu Law
  • 20 Landmark Cases on Environmental Laws
  • 20 Landmark Cases on Human Rights
  • 20 Landmark Cases on IPC
  • 5 Leading Cases of Intellectual Property Rights
  • 13 Landmark Decisions in Indian Tort Law
  • 10 Landmark Cases on Muslim Law
  • 10 Important Competition Law Cases
  • 10 Landmark Judgments of Interpretation of Statute
  • Important Case Laws Related to Securities and Investment Laws
  • 10 Important Judgments of the Supreme Court of the United Kingdom
  • Book Review- Landmark Judgement That Changed India

List of Landmark Judgment (Click to Read)

  • ADM Jabalpur v. Shivkant Shukla, (Habeas Corpus Case)
  • Air India v. Nargesh Meerza (1981)
  • AK Gopalan v. State of Madras (1950)
  • Amar Nath Sehgal v. Union of India (2005)
  • Anuradha Bhasin v. Union of India (2020)
  • AR Antulay v. RS Nayak (1988)
  • Aruna Ramchandra Shanbaug v. Union of India (2011)
  • Arunachala Gounder (Dead) By Lrs v. Ponnusamy and Ors. (2022)
  • Ashok Kumar Thakur v. Union of India (2008)
  • Asif Hameed & Others v. State of Jammu and Kashmir & Others, (1989)
  • B V Seshaiah v. State of Telangana (2023)
  • Bachan Singh v. State of Punjab (1980)
  • Baglekar Akash Kumar v. Google LLC and Another (2021)
  • Balfour v. Balfour, (1919)
  • Balku v. Emperor, (1938)
  • Bandhua Mukti Morcha v. Union of India & Ors. (1984)
  • Bawla Murder Case (1925)
  • Bennett Coleman v. Union of India (1973)
  • Benoyendra Chandra Pandey v. Emperor (1936)
  • Berubari | Re: The Berubari Union (1960)
  • Carlill v. Carbolic Smoke Ball Company (1892)
  • Chacko v. Mahadevan (2007)
  • Chebrolu Leela Prasad Rao v. State Of A.P. & Ors. (2020)
  • Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association (2000)
  • Coca-Cola v. Bisleri (2009)
  • Collector, Land Acquisition, Anantnag v. Katiji, (1987)
  • Colombia v. Peru, (1950)
  • Container Corporation of India Ltd. v. Ajay Khera & Ors. (2024)
  • Cramer v. United States, (1945) (Treason Case)
  • D C Wadhwa v. State of Bihar (1987)
  • D.K. Basu, Ashok K. Johri v. State of West Bengal (1997)
  • DM Aravali Golf Club v. Chander Hass, (2007) | Separation of Powers
  • Donoghue v. Stevenson (1932)
  • Dr Jaya Thakur v. Union of India (2023)
  • Dr. Nirmal Singh Panesar v. Mrs. Paramjit Kaur Panesar@ Ajinder Kaur Panesar, (2023)
  • Foss v. Harbottle (1843)
  • G.N. Nayak v. Goa University & Ors., (2002)
  • Ganesh Pawar and Ors v. Union of India (2023)
  • Google Spain v. AEPD and Mario Costeja Gonzalez (2014)
  • Government of NCT of Delhi v. Union of India (2023)
  • Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar (1979)
  • I C Golaknath and Ors v. State of Punjab (1967)
  • I R Coelho v. State of Tamil Nadu (2007)
  • Independent Thought v. Union of India (2017) | Exception to Rape within Child Marriages
  • Indian Hotel and Restaurant Association (AHAR) & Anr. v. State of Maharashtra & Ors (2019) | Dance Bar Case
  • Indira Gandhi v. Raj Narain and Anr. (1975)
  • Indra Sawhney v. Union of India (1993)
  • Joseph Shine v. Union of India (2018)
  • Joshi Abhyankar Case (1976)
  • Kedarnath v. Gorie Mohammad, (1887)
  • Kehar Singh and Others v. State (Delhi Admn.) (1988)
  • Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr. (1973)
  • KM Nanavati v. State of Maharashtra (1962)
  • Kuldip Nayar v. Union of India (2006)
  • Lachmi Narain v. Union of India, (1976)
  • Lalit Kumar Jain v. Union of India & Ors (2019)
  • Leslie Ltd. v. Sheill, (1914)
  • Lily Thomas v. Union of India (2013)
  • M Siddiq (D) Thr Lrs v. Mahant Suresh Das & Ors. (2019)
  • M. Nagaraj and Others v. Union of India (2007)
  • Mahabir Kishore v. State of M.P., (1990)
  • Maneka Gandhi v. Union of India (1978)
  • Marbury v. Madison (1803)
  • Marichjhapi Massacre (1979)
  • MC Mehta v. Union of India (1996)
  • MC Mehta v. Union of India (2002)
  • Mohini Jain v. State of Karnataka & Ors (1992)
  • Mohori Bibee v Dharmodas Ghose (1903)
  • Muhammad Husain Khan v. Babu Kishva Nandan Sahai, Privy Council Appeal No. 97 (1934)
  • Mukesh Kumar And Anr v. State of Uttarakhand and Ors. (2020)
  • Murli S. Deora v. Union of India, (2001)
  • Naresh Gundyal v. State (2023)
  • Narmada Bachao Andolan v. Union of India and Ors (2005)
  • National Insurance Co. Ltd. v. Harsolia Motors and Ors. (2023)
  • Novartis AG v. Union of India, (2013)
  • Olga Tellis & Ors. v. Bombay Municipal Corporation & Ors., (1985)
  • Paramvir Singh Saini v. Baljit Singh & Ors. (2020) | CCTV Cameras in all the Police Stations
  • Parmanand Katara v. Union of India (1989)
  • Portugal v. India (1960) | Right of Passage
  • Pradeep Kishen v. Union of India, (1996)
  • Prakash Chandra Yadav @ Mungeri Yadav v. State of Jharkhand & Ors. (2023)
  • Prasanta Kumar Sahoo & Ors. v. Charulata Sahu & Ors. (2023)
  • Prashant Bhushan & Anr. (2020)
  • PSV v. Indian School & Anr. (2023)
  • Punjab National Bank v. Surendra Prasad Sinha, (1992)
  • R.B. Policies at Lloyd’s v. Butler (1949)
  • R.C. Poudyal v. Union of India (1993)
  • Rai Sahib Ram Jawaya Kapur and Ors. v. State of Punjab (1955)
  • Rajender Singh v. Santa Singh, (1973)
  • Ravinder Kaur Grewal & Ors v. Manjeet Kaur & Ors, Civil Appeal No. (2014)
  • Re.: Article 370 of the Constitution (2024)
  • Reebok India Company v. Union of India, (2021)
  • Republic of Nicaragua v. United States of America (1986)
  • Ritu Chernalia v. Amar Chernalia & Ors. (2023)
  • Rudul Sah v. State of Bihar & Anr. (1983)
  • Rural Litigation and Entitlement Kendra & Ors. v. State of Uttar Pradesh & Ors. (1985)
  • S.R. Bommai v. Union of India (1994)
  • Salomon v. A Salomon and Co. Ltd (1897)
  • Sampa Deb (Basu) v. State of West Bengal & Anr., (2023)
  • Sampuran Singh v. Niranjan Kaur (Smt.) (1999)
  • Secretary Ministry of Defence v. Babita Puniya & Ors. (2020)
  • Shabnam Jahan Moiuddin Ansari v. State of Maharashtra (2023)
  • Shailendra Mani Tripathi v. Union of India and Ors. (2023)
  • Shakti Vahini v. Union of India (2010)
  • Shipli Lenkar v. Susanta Kumar Lenkar & Anr. (2023)
  • Shreya Singhal v. Union of India (2015)
  • Shri Ram Shridhar Chimurkar v. Union of India (2023)
  • Sonik Industries, Rajkot v. Municipal Corpn. of the City of Rajkot, (1986)
  • State of Haryana v. Dinesh Kumar, (2008)
  • State of Haryana v. State of Punjab (2002)
  • State of M.P. v. Thakur Bharat Singh, (1967)
  • State of Nagaland v. Lipok AO (2005)
  • State of Orissa v. Ram Bahadur Thapa (1959) | The Ghost Case
  • State of Uttar Pradesh v. Maharaj Narain, (1968)
  • Subway IP LLC v. Infinity Food (2023)
  • Sunil Batra v. Delhi Administration (1978)
  • Swiss Ribbons Pvt. Ltd v. Union of India (2019)
  • TATA Sons Pvt. Ltd. (Formerly TATA Sons Ltd) v. Siva Industries and Holdings Ltd & Ors. (2023)
  • The Commissioner of Sales Tax, U.P. v. M/s. Madan Lal Das & Sons, Bareilly, (1977)
  • TMA Pai Foundation v. State of Karnataka (2003)
  • Union of India v. Sankalchand Himatlal Sheth (1977)
  • Union of India v. West Coast Paper Mills Ltd. (2004)
  • Unni Krishnan, J.P. & Ors. v. State of Andhra Pradesh 1993)
  • V. Prabhakara v. Bhasavaraj K (Dead) by LR. & Anr. (2021)
  • Vellore Citizens Welfare Forum v. Union of India & Ors, (1996)
  • Vinod Kanjibhai Bhagora v. State of Gujarat & Anr., Arising out of Special Leave Petition (Civil) No(s). 16030 (2018)
  • Vishaka & Ors. v. State of Rajasthan & Ors. (1997)
  • Vivek Narayan Sharma v. Union of India (2023)
  • Yahoo! Inc. v. Akash Arora & Anr. (1999)
  • DM Aravali Golf Club v. Chander Hass (2007)
  • Vishal Tiwari v. Union of India & Ors (2024)
  • State of Bombay v. K.P. Krishnan & Ors.(1961)
  • Syed Yakoob v. K.S. Radhakrishnan & Others (1964)
  • Shalini Dharmani v. State of Himachal Pradesh & Ors, (2024)

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  • India : legal resources

India : legal resources: Cases

  • Constitution & constitutional law
  • Legislation
  • Indigenous tribes and castes in India
  • Religion & law
  • Legal History

Indian cases: online sources

India is a common law country, so therefore law reports are the primary source of law, and the concepts of precedent and stare decisis do apply.

 For primary sources of case law online, you can access the major law reports series for the Supreme Court of India and for subsidiary and regional courts via two of our subscription databases, or from the other free websites below:

Extra username/password are required for this resource: see Username and password webpage for details

Indian legal and business information.

Please use one username and password set from the options. If it does not work please try the other. Each allows single user access only - so please remember to log off properly when you have finished your session in Manupatra.

This resource requires you to register before use.

Indian legal information. Legislation, treaties, and case law from the Indian Supreme Court and the High Courts of the Indian states, and the Bangladesh Appellate and High Court Divisions.

Alternative names: Lexis ; LexisLibrary ; Lexis Library ; Lexis International  

Lexis+ includes extensive primary and secondary legal materials from the UK, EU, USA and many other jurisdictions. It is the only online source for the full text of the All England Law Reports and Halsbury’s Laws. International content can be accessed by following the “International” link on the home page. UK legal news and newspapers are also included

If your research interest has historical dimension try also

LLMC-digital is a collection of English language legal titles and government documents divided into ten major jurisdictional or subject areas: US Federal Government; US States and Territories; Canada; United Kingdom; Germany federal; Germany state, kingdoms and free cities; Other Countries (Afghanistan to Zimbabwe); International Law and Organizations; Indigenous Law covering materials from various regions of the United States, Canada and Indonesia; and Special Focus Collections which includes British Empire Studies, Canon Law, Islamic Law, Military Law, Native American Collection, Roman law, etc.

Available to anyone with access to the internet

  • Supreme Court of India Official website
  • Legal Information Institute of India (LIIofIndia) OA resource A member of the global Free Access to Law Movement
  • Advocate Khoj Free resource. Access Supreme Court Judgments by year.
  • Indian Kanoon Please note: Oxford/the Bodleian does not have a subscription to this service. But its free functions can still be useful
  • Indian Law Institute Legal Citation Style The Institute has formulated a set pattern of footnoting, which is followed in The Journal of Indian Law Institute, Annual Survey of Indian Law and various other publications of the Institute. Downloaded from ILI website 2023

Indian law reports in the LawBod

On Level 1, one floor beneath the entrance level, is a strong collection of historic law reports in print. 

Official & Semi-Official Reports

All India Reporter (reports Supreme Court & other High Court decisions)                    Cw India 100 A10

Supreme Court Reports (official annotated Supreme Court Decisions)                        Cw India 100 S30

Indian Law Reports series

(ILR - by region, but many of these have been cancelled in print as they                  Cw India 100 I30-55

are available online via Manupatra)  

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India Law Research

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

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

  • HOLLIS Library Catalog
  • Indian Kanoon Database
  • Manupatra Database
  • SCC Online Database

Introduction to Researching the Law of India

Supreme Court of India

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

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

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

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

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

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

The Harvard Library Catalog: HOLLIS

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

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

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

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

Suggested HOLLIS Searches: Legal Primary and Secondary Sources for India

Below are some suggested HOLLIS searches for materials on Indian law, with the results limited to books in the collections of Harvard's libraries.  Click a link to view the search results. 

Searches by Subject or Source Type

  • HOLLIS Search: "Administrative Law" AND "India"
  • HOLLIS Search: "Civil Law" AND "India"
  • HOLLIS Search: "Civil Procedure" AND "India"
  • HOLLIS Search: "Commercial Law" AND "India"
  • HOLLIS Search: "Constitutional Law" AND "India"
  • HOLLIS Search: "Contract Law" AND "India"
  • HOLLIS Search: "Criminal Law" AND "India"
  • HOLLIS Search: "Customary Law" AND "India"
  • HOLLIS Search: "Digest" AND "India" AND "Law"
  • HOLLIS Search: "Environmental Law" AND "India"
  • HOLLIS Search: "Evidence" AND "India" AND "Law"
  • HOLLIS Search: "Family Law" AND "India"
  • HOLLIS Search: "Hindu Law" AND "India"
  • HOLLIS Search: "Judges" OR "Judiciary" OR "Judicial" AND "India"
  • HOLLIS Search: "Land Use" AND "India" AND "Law"
  • HOLLIS Search: "Mohamedan Law" OR "Muslim Law" OR "Islamic Law" AND "India"
  • HOLLIS Search: "Referencer" AND "India" AND "Law"
  • HOLLIS Search: "Securities Law" OR "Corporate Governance" AND "India"
  • HOLLIS Search: "Social Security" AND "India" AND "Law"
  • HOLLIS Search: "Terrorism OR National Security" AND "India" AND "Law"
  • HOLLIS Search: "Women OR Girls" AND "India" AND "Law"

Searches by Publisher

The searches listed below represent major Indian and international publishers of books on law.  Some Indian publishers have general names like "Law House," and the searches below attempt to incorporate all of the possible name options. The search queries with international publishers like Brill, Cambridge, Elgar, Oxford, Routledge, and Springer are likely to include several comparative law titles in which India is one of the jurisdictions that is compared.

  • HOLLIS Search: "Academic" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Adam" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Ashoka" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Asia" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Bloomsbury" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Brill" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Butterworth" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Cambray" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Cambridge" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Central" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Chari" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Chetty" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Commercial" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Deep" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Dwivedi" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Eastern" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Education" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Elgar" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Higginbotham" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "House" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "India Law" (publisher)
  • HOLLIS Search: "Kamal" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Law Book" (publisher) AND "India"
  • HOLLIS Search: "LexisNexis" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Manak" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Mukherjee" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Oxford" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Panchayat" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Pearson" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Penguin" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Professional" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Routledge" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Satyam" (publisher) AND "India"
  • HOLLIS Search: "Snow White" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Springer" (publisher) AND "India" AND Law" Note that Springer publishes a lot of comparative law treatises, and we have many of them as eBooks. If a book on your desired topic is included in these search results, it should have at least a chapter or a section on India, and you likely will be able to access it electronically.
  • HOLLIS Search: "Sweet and Maxwell" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Taxmann" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Tripathi" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Vinod" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Wadhwa" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "World" (publisher) AND "India" AND "Law"

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

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

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

Moody Call Numbers

Call numbers in this system are compiled as follows:

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

Browsing by Moody Call Number in HOLLIS

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

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

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

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

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

5.  Click Search .

Bluebook Citation Rules for Legal Sources from India

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

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

Manupatra Subscription Database

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

To access Manupatra:

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

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

Homepage of the Manupatra Indian Law Subscription Database

Searching and Browsing in Manupatra

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

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

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

Search Example

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

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

Find this case in Manupatra as follows:

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

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

SCC Online Subscription Database

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

Access SCC Online as follows:

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

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

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

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

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

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

  • Laws and Regulations
  • Books and Journals

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

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

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

HeinOnline Subscription Database

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

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

Free Databases for Indian Legal Research

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

Google Searches for Materials on Government Websites

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

"circulars" site:gov.in

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

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

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

The executive branch also includes the following:

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

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

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

Finding Executive and Administrative Materials

HOLLIS Searches

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

Electronic Resources

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

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

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

Finding Legislation

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

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

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

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

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

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

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

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

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

Finding Case Law

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

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

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

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

Legal Journals and Periodicals

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

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

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

Scholarly Law Journals

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

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

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

International Encyclopedia of Laws: Entries for India

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

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

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

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Top 10 Most Interesting Indian Court Cases to know

10. ina trials.

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

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

9. The Ayodhya Cases

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

8. Bhawal case – The Princely Imposter

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

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

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

7. ADM Jabalpur v Shivakant Shukla Case, 1976

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

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

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

5. The Shah Bano Case, 1985

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

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

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

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

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

3. Kesavananda Bharati vs State of Kerala, 1973

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

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

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

1. Lal Bihari, The Undead Indian

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

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Landmark Cyber Law cases in India

  • Post author By ashwin
  • Post date March 1, 2021

law case study examples in india

By:-Muskan Sharma

Introduction

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

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

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

  • Shreya Singhal v. UOI [2]

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

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

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

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

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

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

  • Shamsher Singh Verma v. State of Haryana [3]

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

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

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

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

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

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

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

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

  • Shankar v. State Rep [5]

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

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

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

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

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

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

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

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

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

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

  • State of Tamil Nadu v. Suhas Katti [8]

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

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

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

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

  • CBI v. Arif Azim (Sony Sambandh case)

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

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

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

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

  • Pune Citibank Mphasis Call Center Fraud

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

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

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

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

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

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

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

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

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

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

[2] (2013) 12 SCC 73

[3] 2015 SCC OnLine SC 1242

[4] 2005 CriLJ 4314

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

[6] (2018) 253 DLT 728

[7] (2008) 150 DLT 769

[8] CC No. 4680 of 2004

[9] CM APPL. No. 33474 of 2016

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30 Important Case Laws OR Judgment RTI

30 Important Case Laws/ Judgements on RTI

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Written by Sushmita Mishra

Updated on: April 15, 2024

Table of Contents

30 Important Case Law/ Judgements on RTI OR Information Law

Information law/ RTI is one of the important laws applicable in India. All are have a right to information. Now there is modern technology to acquire information to be collected, stored, used, analyzed. To protect the right of individuals of information there are various laws. The one of them is Right to Information Act, 2000. The Act is established to protect the right to get information of the individuals. The information law governs the extent to the citizens to access the information from the Central Government and other public authorities. The information law is guard to protect from misuse of private and confidential information by the public authorities, employers, media and others. The information law has its scope in other fields of legal practices such as environmental law, public law, employment law and business law.

Also Read: CPIO, Supreme Court v. Subhash Chandra Agarwal

Now the information related to the government and other public authorities are also available online on their portal. We can get information anywhere anytime by using their portal. There is also law which deals with networking information that is Information Technology Act. The right to information is the fundamental right of the individuals. In this topic there are various judgments. In this article we will focus on top 30 important case laws relating information law.

Central Public Information Officer, Supreme Court of India vs. Subhash Chandra Agarwal , 2020

Facts of the case.

In this case, three appeals were filed which arises from three different Applications filed by respondent, Subhash Chandra Agarwal before Central Public Information Officer (CPIO), Supreme Court.

Apex Court dismissed the appeal and upheld the Delhi High Court judgment by directing the Central Public Information Officer, Supreme Court to furnish information regarding collegium decision-making, personal assets of judges, correspondence with CJI. No general decision came up relating to the universal disclosure of above-mentioned information.

Also held RTI Applicable To Office Of CJI

UPSC v. Angesh Kumar, AIR 2018

Facts of the case.

Some unsuccessful candidates in the Civil Services (Preliminary) Examination, 2010 approached the High Court for a direction to the Union Public Service Commission (UPSC) to disclose the details of the marks (raw and scaled) awarded to them in Civil Service (Prelims) Examination, 2010. The information in the form of cut-off marks for every subject, scaling methodology, model answers and complete results of all candidates were also sought.

The Court read the inherent limitation in Sections 3 and 6 as pertaining to revelation of information that is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information. UPSC was accordingly directed to disclose the raw marks as well as the model answers of the questions in the examination. The Supreme Court referred to the problems in showing evaluated answers sheets in the UPSC Civil Services Examination in Prashant Ramesh Chakkarwar v. UPSC, 2013.

N N Dhumane v. PIO, Department of Post, 2018

The order of CIC in the instant case is a remarkable one as it condemns the act of Department of Posts in denying payment of pension for want of Aadhaar Card. Other key observation made by the CIC in the case was that payment of pension is a matter of life or liberty under the RTI Act and applications relating to payment of Pension shall be disposed by the Public Information Officers within 48 hours. The Aadhaar card is required for pension has already provided under the RTI Act 2005 as per the Section 8 (1) (j) of the RTI Act 2005, information which relates to personal information the disclosure of which has no relationship to any public activity or which would cause unwarranted invasion of the privacy of an individual. The SSP Ahmednagar has not furnished the names of 55 pensioners and he has taken shelter of provisions of Section 8 (1)(j) of the RTI Act. The furnishing names of 55 pensioners does not amount to right to privacy. It is open fact and withholding the names 55 pensioners is a breach of RTI Act 2005.

Judgment The Court held that citizens cannot be forced to produce their Aadhaar card to receive government welfare scheme benefits. This Court had further clarified that such a compulsion couldn’t be made since that was in contravention of the citizens’ fundamental rights. Pension payment cannot be denied for want of Aadhaar card.

Union of India v. Chief Information Commissioner, 2017

The petitioner in the case has challenged the order of CIC, whereby the CIC declared, “the Ministers in the Union Government and all State Governments as ‘public authorities’ under section 2(h) of RTI Act, 2005.

The Delhi High Court set aside the order of CIC and was the opinion that the directions issued by the CIC in the case was beyond the scope of CIC. Moreover the question need not arise at all in the first instance itself.

The Registrar, Supreme Court v. R S Mishra, 2017

Fact of the case

In April 2010, a former schoolteacher, R.S. Misra, filed an RTI request with the Supreme Court Registry. He had earlier sent two letters to different Justices, essentially demanding redress in a case before the apex court that he had already lost. In an evident attempt at using RTI to fight a judicial battle already lost, he sought “action taken” reports on his letters. The Registry could have lawfully disposed of this RTI request by simply stating that no such information was available. Instead, the Registry rejected the application, and asked Mr. Mishra to apply under the Supreme Court Rules. Mr. Mishra challenged this response before the then Central Information Commissioner Shailesh Gandhi.

At issue was the right of citizens to get information from the Supreme Court , and by implication, India’s higher judiciary, which has strongly resisted the RTI. The apex court summarily rejects RTI requests, and insists that applicants exclusively request information under its administrative rules (Supreme Court Rules) framed in 1966, and re-issued with minor changes in 2014. To see why the High Court’s judgment strengthens a culture of opacity in the higher judiciary, we need to delve into the Supreme Court’s engagement, or rather persistent non-engagement with the RTI.

Reserve Bank of India v. Jayantilal Mistry (Supreme Court, 2015)

In this case, the interesting issue that was raised was whether all the information sought for under the Right to Information Act, 2005 can be denied by the Reserve Bank of India and other Banks to the public at large on the ground of economic interest, commercial confidence, fiduciary relationship with other Bank on the one hand and the public interest on the other?

The RBI in the case took the stand that the information sought for was exempted under Section 8(1) (a), (d) and (e) of the Right to Information Act, 2005. Moreover, as the regulator and supervisor of the banking system, the RBI has discretion in the disclosure of such information in public interest. While allowing the appeal the Supreme Court in the case held that in the case the RBI does not place itself in a fiduciary relationship with the Financial institutions because, the reports of the inspections, statements of the bank, information related to the business obtained by the RBI are not under the pretext of confidence or trust. In this case neither the RBI nor the Banks act in the interest of each other.

Adesh Kumar v. Union of India (Delhi High Court), 2014

In the case, the Petitioner was aggrieved by denial of information under the RTI Act by the concerned Public Information Officer in the case. FIR had been lodged against the Petitioner during his tenure of service and subsequently, a charge sheet, against the petitioner was submitted. On receipt of charge sheet, the Petitioner applied for information under the RTI Act pertaining to sanction of prosecution against him.

However, the requested information was rejected by the CPIO claiming that there was no obligation to provide the same by virtue of Section 8(1)(h) of the RTI Act.

The scheme of the RTI Act, its objects and reasons indicate that disclosure of information is the rule and non-disclosure the exception. A public authority which seeks to withhold information available with it has to show that the information sought is of the nature specified in Section 8 RTI Act. The burden is on the public authority to show in what manner the disclosure of such information would ‘impede’ the investigation. Merely, citing that the information is exempted under Section 8(1)(h) of the Act would not absolve the public authority from discharging its onus as required to claim such exemption. whether the information sought by the petitioner is relevant or necessary, is not relevant or germane in the context of the Act; a citizen has a right to information by virtue of Section 3 of the Act and the same is not conditional on the information being relevant.

CBSE Vs. Aditya Bandopadhyay (2011) 8 SCC 497.

Fact of case Whether an examinee’s (Students) right to information under the RTI Act includes a right to inspect his evaluated answer books in a public examination and taking certified copies of the same. The examining body,-CBSE,- had claimed that it held the information in a fiduciary relationship and hence this was exempt under Section 8 (1) (e) of the RTI Act.

Section 22 of RTI Act provides that the provisions of the said Act will have effect, notwithstanding anything inconsistent therewith contained in any other law for the time in force. Therefore the provisions of the RTI Act will prevail over the provisions of the bye-laws/rules of the examining bodies in regard to examinations. As a result, unless the examining body is able to demonstrate that the answer-books fall under the exempted category of information described in clause (e) of section 8(1) of RTI Act, the examining body will be bound to provide access to an examinee to inspect and take copies of his evaluated answer-books, even if such inspection or taking copies is barred under the rules/bye-laws of the examining body governing the examinations. It cannot, therefore, be said that the examining body is in a fiduciary relationship either with reference to the examinee who participates in the examination and whose answer-books are evaluated by the examining body. The Court ruled that corrected answer sheets were information which should be provided to students who seek them under RTI.

Girish Ramchandra Deshpande v. Chief Information Commissioner and ors., 2013 Facts of the case Whether the information pertaining to a Public Servant in respect of his service career and also the details of his assets and liabilities, movable and immovable properties, can be denied on the ground that the information sought for was qualified to be personal information as defined in clause (j) of Section 8(1) of the RTI Act. Judgment The details disclosed by a person in his income tax returns are “personal information” which stand exempted from disclosure under clause (j) of Section 8(1) of the RTI Act, unless involves a larger public interest and the Central Public Information Officer or the State Public Information Officer or the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information.” The Apex Court held that copies of all memos, show cause notices and orders of censure/punishment, assets, income tax returns, details of gifts received etc. by a public servant are personal information as defined in clause (j) of Section 8(1) of the RTI Act and hence exempted and cannot be furnished under RTI Act.

R.K. Jain Vs. Union of India JT 2013

Facts of the case The information requested was an inspection of adverse confidential remarks against ‘integrity’ of a member of Tribunal and follow up actions taken on issue of integrity. Exemption was claimed on the basis of Section 8 (1) (j).

Inter alia relying upon the ruling made in Girish Ramchandra Deshpande case, the information is exempted from disclosure under Section 8 (1) (j). read with section 11 of the RTI Act. Under Section 11(1), if the information relates to or has been supplied by a third party and has been treated as confidential by the third party, and if the Central Public Information Officer or a State Public Information Officer intends to disclose any such information or record on a request made under the Act, in such case after written notice to the third party of the request, the Officer may disclose the information, if the third party agrees to such request or if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.

Canara Bank Versus CS Shyam and ors. Civil appeal no. 22 of 2009

Information regarding transfer and posting of the entire clerical staff from 01.01.2002 to 31.07.2006 in all the branches of Canara Bank. This information was in relation to the personal details of individual employees such as the date of his/her joining, designation, details of promotion earned, date of his/her joining to the Branch where he/she is posted, the authorities who issued the transfer orders etc. etc.

The Supreme Court disagreed with the order of the Central Information Commission, and the Kerala High Court. It did not give any reasons but effectively ruled that in the light of the Girish Deshpande judgement it ruled against information being given. It has truncated Section 8 (1) (j) and ruled that all personal information of public servants including details of transfers is covered by Section 8 (1) (j). This is a truncated reading of the Section 8 (1) (j) and cannot be justified.

Harinder Dhingra v. Bar Association, (CIC 2016) Facts of the case In the instant case, the appellant sought information pertaining to the numbers of complaints against advocates, cases disposed, and violation of the Advocates Act. Judgment The commission held that the Bar Council is a statutory body that was constituted as per the Advocates Act. The purpose of which is to protect the ethical standards of advocates and punish members for misconduct. It was held that Bar Councils are liable to provide information as per the Right to Information Act, 2005.

Shri Y N Prasad v. PIO, Ahlmad Evening Court, 2017 Facts of the case In the case, the appellant had sought information relating to judicial proceedings to which he was not a party. Judgment The Commission held that judicial proceedings and records are public records as per the Right to Information Act, 2005. Here, the appellant in this situation had every right to obtain the information he sought for. Moreover, the Public information officer was directed by the Chief Information Commission to offer proper inspection of the judicial record at a suitable time and day for both the concerned parties.

Jiju Lukose v. State of Kerala (Kerala High Court, 2014) Facts of the case In the case, a public interest litigation (PIL) seeking a direction to upload the copy of the FIR in the website of the police station and to make available copies of the FIR to the accused immediately on registration of the FIR was sought for. The Petitioner had alleged that inspite of the FIR being registered, the petitioner received its copy only after 2 months. Till the petitioner could obtain a copy of the FIR, the petitioner and his family members were in dark about the nature of the allegations levelled against the petitioner. Petitioner’s further contended in the case that in view of the Right to Information Act, 2005 all public officers were under obligation to put all information recorded in the public domain. The FIR which is lodged is to be put on the website of the police station, so that anyone can assess the FIR including a person staying outside the country. Judgment The CIC in the case held that FIR is a public document, however, where an FIR is covered by the provisions under Section 8(1) of the RTI Act, it need not be disclosed to the citizens till investigation is completed. But it can be claimed by the Informant and the accused as per legal provisions under the Code of Criminal Procedure, 1973 as a matter of legal right. The provisions in the Code of Criminal Procedure, 1973 are specific to this effect, that is, the supply of copy of FIR to the accused is contemplated only at a stage after proceedings are being initiated on a police report by the competent Magistrate. That application for copy of the FIR can also be submitted by any person under the 2005 Act. It is however, relevant to note that whether in a particular application police authorities are claiming exemption under 8(1) of the RTI Act is a question which has to be determined by the police authorities by taking appropriate decision by the competent authority. In event no such decision is taken to claim exemption under Section 8 of the 2005 Act, the police authorities are obliged to provide for copy of the FIR on an application under the RTI Act.

Vishwas Bhamburkar v. PIO, Housing & Urban Development Corporation Ltd. (CIC, 2018)

Facts of the case In this recent case taken up by the Chief Information Commission, Munirka, New Delhi (CIC), the CIC was confronted with two centric issues under the Right to Information Act, 2005. One pertaining to word limit in RTI application and the other relating to denial of information on lack of producing identity proof by the Applicant.

The CIC in the case held that the impugned application was not hit by any exception under the Right to Information Act. That the CPIO in the case raised suspicion about the citizenship of the applicant without explaining why he was suspecting. There was nothing to justify his suspicion. That the CPIO failed to justify the denial of information, as he could not site any clause of exception under Section 8 (exemption from disclosure of information) or Section 9 (grounds for rejection to access in certain cases).

Shahzad vs Department Of Posts, 2018

The appellant sought information on certified copy of the gazette notification which superseded the Department of Posts (Junior Hindi Translator & Senior Hindi Translator) Recruitment Rules, 1996 notified on 05.12.1996; certified copies of the gradation/seniority lists of the senior translators maintained/issued since 1983 to 2015 by the postal directorate; certified copies of the gradation/seniority lists of the junior translators maintained/issued since 1983 to 2015 by the postal directorate; certified copy of the gazette notification no. 20/2/79-SPB-1 dated 11.01.1983 regarding the Indian Posts and Telegraphs Department (Hindi Translators Grade-1, Grade-2, Grade-3 and Hindi Typists) Recruitment Rules, 1983. Part information was provided by the CPIO and transferred the application to the concerned authority. The appellant approached this Commission since he did not receive any information. The CPIO and other section of the public authority kicked the RTI request on point B2 to each other branches and ultimately denied it.

In the case, the CIC noted that the Respondent Department’s claim that concerned files were are not traceable proves the fact they had it in their possession, which binds them to provide the information by searching the same. The Commission also observed that frequent reference to ‘missing files’ as an excuse to deny the information is a major threat to transparency, accountability and also major reason for violation of Right to Information Act, 2005. Millions of RTI applications might have been rejected by PIOs on this ground during the last 11 years of RTI regime. It was also held that it is the duty of the information officer concerned to provide information, failing which is he or she inefficient and ineffective in his duties and obligations under the RTI, 2005.

The State of U.P. v. Raj Narain and others, 1975 Facts of the case Raj Narain, an Indian national, filed an election petition before the Allahabad High Court, alleging misuse of public finances by a political party for the re-election of the Prime Minister of India. For proving these allegations, he summoned the State Government of Uttar Pradesh to produce a document called Blue Book, which contained security guidelines for the protection of the Prime Minister in times of travel. In response, an official of the Home Security of Uttar Pradesh was instructed to claim a non-disclosure privilege under Section 123 of the Evidence Act. It states that “no one shall be permitted to give any evidence derived from unpublished official records relating to any affair of State except with the permission of the Officer at the Head of the Department concerned who shall give or withhold such permission as he thinks fit.” Upon the official’s failure to timely submit an affidavit, Narain argued that the government was obligated to produce the Blue Book because the government did not raise its non-disclosure privilege and that the document did not relate to the affairs of the State.

The Supreme Court of India upheld the High Court’s decision to disclose a government record. Raj Narain requested the government of the State of Uttar Pradesh to disclose the document “Blue Book” which contained security guidelines regarding the Prime Minister of India’s travel. Government officials declined to produce the document, claiming that it was an unpublished official record and against the public interest. The Court reasoned that the document was not an unpublished official record since the government official failed to file an affidavit to claim it as such. In addition, the Court reasoned that it had the authority to determine whether a document is of public interest.

S. P. Gupta v. Union of India, AIR 1982

The foregoing case dealt with a number of petitions involving important constitutional questions regarding the appointment and transfer of judges and the independence of judiciary. One of the issues raised was regarding the validity of Central Government orders on the non-appointment of two judges. To establish this claim, the petitioners sought the disclosure of correspondence between the Law Minister, the Chief Justice of Delhi, and the Chief Justice of India.

However, the state claimed privilege against disclosure of these documents under article 74(2) of the Indian Constitution, which provides that the advice tendered by the Council of Ministers to the President cannot be inquired into in any court, and section 123 of the Indian Evidence Act, which provides that evidence derived from unpublished official records on state affairs cannot be given without the permission of the head of the concerned department. Section 162 of the Evidence Act provides that a witness summoned to produce a document before a court must do so, and the court will decide upon any objection to this.

In a case decided by Justice Bhagwati, the Supreme Court of India rejected the government’s claim for protection against disclosure and directed the Union of India to disclose the documents containing the correspondence. An open and effective participatory democracy requires accountability and access to information by the public about the functioning of the government. Exposure to the public gaze in an open government will ensure a clean and healthy administration and is a powerful check against oppression, corruption, and misuse or abuse of authority. The concept of an open government is the direct emanation from the right to know, which is implicit in the right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Indian Constitution. Therefore, the disclosure of information in regard to government functioning must be the rule and secrecy the exception, justified only where the strictest requirement of public interest demands it. With respect to the contention involving Article 74(2), the Court held that while the advice by the Council of Ministers to the President would be protected against judicial scrutiny, the correspondence in this case between the Law Minister, the Chief Justice of Delhi, and the Chief Justice of India was not protected merely because it was referred to in the advice.

Indian Express Newspaper (Bombay) Pvt. Ltd. and others v. Union of India and others, 1985

The petitioners in this case were companies, employees, and shareholders thereof, as well as trusts engaged in the publication of newspapers. They challenged the import duty on newsprint under the Customs Tariff Act 1975 and the auxiliary duty under the Finance Act 1981, as modified by notifications under the Customs Act 1962 with effect from March 1, 1981. Prior to this notification, newsprint had enjoyed exemption from customs duty.

The petitioners contended that the imposition of this duty had an adverse effect on costs and circulation and, therefore, had a crippling effect on freedom of expression under Article 19(1)(a) of the Indian Constitution and the freedom to practice any trade or occupation under Article 19(1)(g). They further asserted that no public interest justified such an interference with these fundamental rights because the foreign exchange position of India was comfortable at the time. Finally, they submitted that the classification of newspapers into small, medium, and large newspapers violated the principle of non-arbitrariness under Article 14 of the Constitution (equality before law). The government argued that the burden of cost borne by the newspapers and the position of foreign exchange reserves were irrelevant considerations. The public interest involved in taxation was to increase the revenue of the government, a burden that is borne by all citizens of the country. It asserted that the exemption granted to newsprint was not justified and, therefore, could be removed by the government.

The Supreme Court of India observed that the government was indeed empowered to levy taxes affecting the publication of newspapers because such publication could be characterized as an industry and must be subject to the same levies as other industries. It also allowed that the classification into small, medium, and large based on economic considerations had a rational nexus with the objective of taxation and could not be considered arbitrary. However, where the power of taxation encroaches upon the freedom of expression under Article 19(1)(a), the restriction on the freedom must be within reasonable limits.

Reasonable limits have been outlined in Article 19(2) of the Indian Constitution, wherein “public interest” is a ground that may be taken to restrict freedom of expression. The Court concluded that two basic principles must be borne in mind: first, newspapers enjoy the benefits of government services like all other industries and must accordingly contribute a reasonable share of government revenue through taxation; and second, the burden of taxation must not be excessive.

Shreya Singhal v. Union of India, 2015

Police arrested two women for posting allegedly offensive and objectionable comments on Facebook about the propriety of shutting down the city of Mumbai after the death of a political leader. The police made the arrests under Section 66A of the Information Technology Act of 2000 (ITA), which punishes any person who sends through a computer resource or communication device any information that is grossly offensive, or with the knowledge of its falsity, the information is transmitted for the purpose of causing annoyance, inconvenience, danger, insult, injury, hatred, or ill will. The main issue was whether Section 66A of ITA violated the right to freedom of expression guaranteed under Article 19(1)(a) of the Constitution of India. As an exception to the right, Article 19(2) permits the government to impose “reasonable restrictions . . . in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offense.” The Petitioners argued that Section 66A was unconstitutional because its intended protection against annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, or ill-will fall outside the purview of Article 19(2).

The Supreme Court of India invalidated Section 66A of the Information Technology Act of 2000 in its entirety. The Court held that the prohibition against the dissemination of information by means of a computer resource or a communication device intended to cause annoyance, inconvenience or insult did not fall within any reasonable exceptions to the exercise of the right to freedom of expression.

The Court also addressed whether Section 66A is capable of imposing chilling effect on the right to freedom of expression. It held that because the provision fails to define terms, such as inconvenience or annoyance, “a very large amount of protected and innocent speech” could be curtailed.

Based on the forgoing reasons, the Court invalidated Section 66A of ITA in its entirety as it violated the right to freedom of expression guaranteed under Article 19(1)(a) of the Constitution of India.

Namit Sharma v. Union of India, 2012

Sections 12(5), 12(6), 15(5), and 15(6) of India’s Right to Information (RTI) Act 2005 address the requirements of and restrictions on individuals appointed to Information Commissions. The original petitioner, Namit Sharma, alleged that the eligibility criteria were nonetheless vague and ultra vires the Constitution. The question before the Supreme Court was whether its previous reading into the RTI Act of a judicial experience requirement constituted “an error apparent on the face of the record”.

The Supreme Court of India held that it was ultimately for Parliament to decide whether it was appropriate to read into the Right to Information (RTI) Act a requirement that appointees to the Information Commission possess judicial qualifications and not the Judiciary. The Court reasoned that the Information Commissions do not exercise judicial powers, rather administrative ones and further, that not reading this requirement into the Act did not offend the doctrine of equality firstly because the “reading into” of words not intended by Parliament is “contrary to the principles of statutory interpretation recognized by this Court” and, secondly, the relevant sections of the Act did not “discriminate against any person in the matter of appointment”.

Shri Vijay Kamble v. Custom Department, Mumbai, 2009

The appellant asked for copies of show cause notices and other documents during the proceedings by Directorate of Revenue Intelligence (DRI) and currently under adjudicating by Commissioner of Customs (Exports). CPIO and the appellant authority declined to disclose the information variously citing sections 8(1)d, 8(1)h and 8(1)j of the RTI Act.

It was held that RTI cannot be invoked to access the information related to that proceedings. If intervention for disclosure of the information germane to an outgoing adjudication process is allowed. It will lead to questions being asked about proceeding before judicial courts and even the superior courts. This should go against the scheme of separation of powers under Constitution of India.

Rakesh Kumar Gupta v. Income Tax Appellant Tribunal (ITAT), 2007

The information sought by the appellant raises a very important question about whether under the Right to Information Act it is permissible to access information held by another public authority which acts in a judicial capacity, especially when the information pertains to its orders in that judicial proceedings and actions thereto. There may be other tribunals whose orders and records could similarly sought to be accessed through the Right to Information Act. This matter should, therefore, be considered by the full bench of the Commissioner.

It was held that judicial authority must function with total independence and freedom, should it be found that the action initiated under the RTI Act impinges under the authority of that judicial body, the Commission will not authorize the use of RTI Act for any such disclosure requirement. Section 8(1) (b) of the RTI Act is quite clear, which gives a total discretion to the court or the tribunal to decide as to what should be published.

D.P. Maheshwari v. CBI, 2009

Facts of the case The appellant sought the copy of SP’s, CBI report. In response to the application, SP, CBI responded that SP’s report is an confidential document and hence exempted under section 8(1)(h) of the RTI Act. CBI argued that the investigation report have details of the personal information of many persons and it’s disclosure will amount to invasion of privacy and thus qualify for exemption under section 8(1)(j) of the RTI Act.

The plea of exemption under section 8 (1)(j) of the RTI Act cannot be applied as the appellant is asking for the information about his own case. Even if the report contains personal information about others, the principle of severability under section 10(1) can be applied. The Commission agreed that disclosure of complete report may impede the process of information and amount to invasion of privacy of the persons mentioned in the report. As such section 8(1)(g) is applicable. However, since the appellant is not the accused the information regarding him cannot be held to be such as to be impede the process of investigation and prosecution. Accordingly part of information exonerating the appellant may be provided as per Sub-section 1 of Section 10 of the RTI Act.

Mangla Ram Jat v. PIO, Banaras Hindu University, 2008

In this case the Commission explained it’s role, ambit and scope of exemption and the context of the RTI Act. The Commission is conscious of the fact that it has been established under the Act and being an adjudicating body under the Act, it cannot take upon itself the role of the legislature and import new exemptions and substitute their own views for those of Parliament. The Act leaves no such liberty with the adjudicating authorities to read law beyond what it is stated explicitly.

Right to information as part of the fundamental right of freedom of speech and expression is well established in our constitutional jurisprudence. The Commission is of the view that the Commission, an adjudicating body which is a creation of the Act, has no authority to import new exemptions and in the process curtail the fundamental rights of information of citizens.

Dhananjay Tripathi v. Banaras Hindu University, 2016

The applicant had applied for information relating to the treatment and subsequent death of a student in a university hospital due to alleged negligence of the doctors attending him. The appellant was, however, denied the information by the PIO of the university saying that the information sought could not be provided under section 8 (1)(g) of the RTI Act. No further reasons as to how the information sought could not be provided under the RTI Act was given.

The Commission has held that quoting the provisions of section 8 (1) of the RTI Act to deny the information without giving any justification or grounds as to how these provisions are applicable is simply not acceptable, and clearly amount to malafide denial of legitimate information.

The public authority must provide reasons for rejection the particular application. The Commission further held that not providing the reasons of how the application for information was rejected according to a particular provision of the Act would attract penalties under section 20(1) of the Act.

Shri R.B. Sharma v. DGCEI, New Delhi, 2007

Facts of the case The appellant sought all documents including file noting pertaining to sanction of reward to the applicant. The CPIO denied the information under section 8 (1)(g) of the RTI Act, contending that the disclosure would expose the source of information and also endanger the life and the Physical safety of the officers who handled and processed the matter. The appellant authority upheld the decision of CPIO.

The appellant may be allowed inspection of the relevant file by the respondent with the proviso that the respondent shall be free to apply the severability clause under section 10(1) of the RTI Act withhold from disclosure that part of the information in the file which is unconnected with the appellant.

Shri Rajesh Mannalal Katariya v. Addl. Commissioner of Income Tax, Pune

Facts of the case The appellant sought information regarding confidential reports submitted by lower formations to higher formations, which was denied by the respondent to the appellant. The appellant approach the CIC for seeking the information.

It was held that the decision of the respondents not to disclose the requested information valid under the provisions of the RTI Act. The appellant may should be wish, approach the CBDT for the information, who will no-doubt process the case under the provisions of the RTI Act for a decision about disclose or otherwise.

S.K. Lal v. Ministry of Railways, 2006

The applicant has filed five applications to the railway authorities asking for “all the records” regarding various services and categories of staff in the railways. The public authority, however, did not provide him the information requested.

The CIC observed that though the RTI Act allows citizen to seek any information other than the 10 categories exempted under section 8, it does not mean that the public authorities required to entertain to all sort of frivolous applications.

Shri B S Manian v. Department of posts, 2007

Facts of the case The appellant who was the main offender in the fraud case sought certain information regarding Disciplinary proceedings initiated against him. The CPIO has refused to provide the documents asked for under section 8 (1)(h) & (g) of the RTI Act, 2005. Judgment

A disciplinary action against the appellant is contemplated on the basis of the charge sheet memo issued to him under the CCS (CCA) rules. The denial of information sought under section 8 (1)(h) of the RTI Act is therefore justified.

Sarvesh Kaushal v. F.C.I. and others, 2006

The appellant had applied for documents relating to the departmental enquiry launched against him in a corruption case.

The CIC rejecting the appeal, held that the departmental enquiry, which was in progress against him, was a pending investigation under law, and the same attracted the provisions of section 8 (1)(h) of the RTI Act. Therefore, there is no question of disclosing any information relating to the prosecution, the CIC noted.

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Top 20 landmark Judgements on family law that every law student should know

Family Law Judgements

  • Sushil Kumari Dang v. Prem Kumar

Here, a petition for restitution of conjugal right is filed by the husband and the husband accuses his wife for adulterous conduct. Following which he filed another petition for judicial separation which shows the extent of his sincerity and the interest in keeping the wife with him. So, the Delhi High Court set aside the decree of restitution granted by the lower court.

  • Yousuf v. Sowramina

It was held that at times, the determination of the question whether in fact a marriage has broken down or not is left to the courts. At other times, the legislature lays down the criterion of breakdown of a marriage and if that is established, the courts have no option but to dissolve the marriage.

  • Chand Dhawan v. Jawaharlal Dhavvan

The Supreme Court in this case makes it manifest that claim of maintenance under Section 25 is awardable when the marriage is “diseased or broken” as an ancillary or incidental remedy to the strained marital status due to passing of a decree for restitution of conjugal rights, or of judicial separation in favour of or against her or of nullity or divorce with or without her consent.

  • Ankush Narayan v. Janabai

Court held that on adoption by a widow, the adopted son becomes the son of the deceased adoptive father and the position under the old Hindu law as regards ties in the adoptive family is not changed.

  • Lily Thomas v. Union of India

The Supreme Court of India held that if any members of a legislative council (MLC), member of the legislative assembly (MLA) or members of Parliament (MP) who was convicted of a crime and awarded a minimum of two-year imprisonment, he/she shall lose membership of the House with immediate effect.

  • Sitabai v. Ramachandra

If the husband is not under such disqualification except the exceptions mentioned in the relevant act the wife cannot adopt even with the consent of the husband whereas the husband can adopt with the consent of the wife.

  • Guradas v. Rasaranjan

Adoption is made when the actual giving and taking had taken place and not when the religious ceremony is performed like Datta Homam.  For a valid adoption, it would be necessary to bring on records that there has been an actual giving and taking ceremony.

  • Harvinder Kaur v. Harmander Singh Choudhary

In this case, the court rejected the plea that personal law was discriminatory towards Gender inequality in India. It also observed that introduction of Constitutional law into the home (referring to personal laws) was most inappropriate.

  • Jijabai v. Pathan Khan

Where the father and mother had fallen out and the mother was living separately for over 20 years and was managing the affairs of her minor daughter the apex Court observed though the father was alive but he was not taking any interest in the affairs of the minor and should be treated as if non-existent, and, hence, the mother is  the natural guardian of the minor’s person as well as property.

  • Muhammad Usman v. Sainaba Umma

The Court has held that Section 2(9) is a residuary ground where courts have an area of discretion and freedom to dissolve the marriage. Where the court is satisfied that marital relations between have actually been broken down beyond reasonable doubt, the Court may include any reason or ground for giving relief to wife.

  • Aykut v. Aykut

The Court has powers to declare a marriage null and void on the ground that the consent of either party was obtained by force or fraud.

  • Mohd Ahmed Khan v. Shah Bano begum

Muslim personal law was challenged in this petition. The Supreme Court ruled in favour of Shah Bano and granted her alimony which the Muslim community felt as an encroachment on Muslim Sharia law. The decision of the case led to the formation of the All India Muslim Personal Law Board in 1973.

  • Thirumal v. Rajamma

Probably in the case of non-Hindus and non-Muslims, the high courts have inherent jurisdiction to provide the relief. Persons belonging to any community are free to enter into separation agreements under the general law of contract.

  • M.E. Querashi v. Hazraba

The husband’s retraction of the charge before the commencement of the proceeding nullifies the ground. On the question whether husband’s retraction after the filing of the suit will have the same effect, judicial opinion is divided.

  • Sitabai v. Ramcbandra

So there may be relationship by implication in the other cases also. The Supreme Court has also held that a son adopted by the widow of the deceased coparcener will also be a coparcener with the surviving coparceners of the deceased husband.

  • Sarla Mudgal Union of India

The Court held that if a Hindu converts to Muslim and then have a second marriage, he can not do so, irrespective of the fact that polygamy is allowed in Islamic Law.

  • Jijabai v. Pathankhan

Under the modern Hindu law father is the natural guardian of his minor legitimate children though mother is entitled to custody of the child upto the age of five. Mother is the natural guardian of her illegitimate children and after the death of the father of her legitimate children.

  • R.Virupakshaiah v. Sarvamma & Anr

Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property.

  • Dipo v. Wassan Singh & Others

A person who has to inherit property from his  immediate paternal ancestors up to 3 lines, holds it in coparcenary and to other relations he holds it and is entitled to hold it, as his absolute property. Hence, the property inherited by a person from any other relation becomes his separate property.

  • Chanmuniya  v. Virendra Kumar Singh Kushwaha

Considering Sec 7 of the Hindu Marriage Act, 1955 the marriage performed in absence of customary rites and ceremonies of either parties to marriage is not valid. And Mere intention of the parties to live together as husband and wife is not enough. Further, there is no scope to include a woman not lawfully married within the expression of ‘wife’ in Section 125of the Code should be interpreted to mean only a legally wedded wife.

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Landmark judgment on therapy centers passed by the kerala high court, pm modi on ayodhya verdict- a golden chapter in indian judicial history, ayodhya verdict out- supreme court orders construction of a temple on disputed site and muslims to get 5 acres of land.

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8 Milestone Cases of Environmental Law in India

law case study examples in india

  • Updated on  
  • May 15, 2024

8 Milestone Cases of Environmental Law in India

The diversity of our nation India in culture also expands to nature and our environment. Moreover, due to man-made activities, several environmentally depreciating factors come into play. However, there have been citizens of India who know their rights and have gone against people who want to use nature as a resource for their gain. These people have fought Cases of Environmental Law and realise the importance of protecting our environment. Read on to learn more about these Cases of Environmental Law in India, the Environmental Law Court Cases and a recent Landmark Case on Environmental Law in 2024. 

Environmental Law Court Cases 

Furthermore, here are seven milestone Environmental Law Court Cases that have established noteworthy examples:

M.C. Mehta vs. Union of India (Ganga River Pollution Case) in 1988

This case by environmental lawyer M.C. Mehta is a landmark judgment. Moreover, it highlighted the extreme pollution of the Ganges, a holy river for millions. 

  • The Supreme Court of India ’s verdict ordered polluting industries near Kanpur.
  • Hence setting a strong example for holding industries responsible for environmental damage.

Subhash Kumar vs. State of Bihar in 1991

This case in 1991 established the “Right to a Pollution-Free Environment” as a necessary part of the Fundamental Right to Life (Article 21) in the Indian Constitution . 

  • Additionally, this judgment empowered citizens to get legal solutions against environmental degradation which was affecting their well-being.

Vellore Citizens Welfare Forum vs. Union of India in 1996

In 1996, this milestone case of Environmental Law addressed the issue of tanneries polluting the Palar River in Tamil Nadu. 

  • The Supreme Court of India highlighting the “Polluter Pays” regulation, directed the tanneries to adopt cleaner technologies and pay for the damage caused. 
  • Therefore, this judgment maintained the principle of holding polluters financially accountable for environmental harm.

M.C. Mehta vs. Kamal Nath and Ors. in 1996

Another case in 1996 is one in which the Supreme Court of India criticised the Himachal Pradesh government for leasing a protected forest area for commercial purposes. 

  • Moreover, this case put forth the “Public Trust Doctrine,” which orders the government to act as a trustee for environmental resources, thus holding them responsible for future generations.

Indian Council for Enviro-Legal Action vs. Union of India in 1996

This milestone case of Environmental Law involved the environmental impact of the Tehri Dam project in the Himalayas. 

  • In addition, the Court after realising the potential ecological devastation had ordered an Environmental Impact Assessment and public hearings before proceeding with the project. 
  • Furthermore, this case established the importance of Environmental Impact Assessments for large-scale development projects.

T.N. Godavarman Thirumulpad vs. Union of India in 1996

Yet another case in 1996, this case addressed the controversial issue of mining in ecologically fragile areas of the Aravalli Hills. 

  • The Court imposed a ban on mining activities, thus putting environmental protection first over economic gains. 
  • Moreover, this judgment emphasised the delicate balance between development and environmental sustainability.

Murli S. Deora vs. Union of India in 2002

This milestone case of Environmental Law tackled the alarming issue of air pollution in Delhi due to the operation of non- CNG (Compressed Natural Gas) buses. 

  • The Supreme Court of India ordered the phasing out of these polluting vehicles.
  • Thereby promoting cleaner alternatives and paving the way for stricter emission control standards in India.

Therefore, these landmark cases represent important milestones in India’s environmental journey. 

Also Read: Forest (Conservation) Amendment Act 2023: History, Changes

Recent Landmark Case on Environmental Law in 2024

On the 8th of April 2024, the Supreme Court of India recognised the Right to Be Free From Adverse Effects of Climate Change. 

  • For the first time, the Supreme Court recognizes the “Right To Be Free From Adverse Effects Of Climate Change” as an essential human right. 
  • Thereby paving the way for legal action against the government and industries for policies that worsen Climate Change and its negative impacts on the citizens of India.

However, the fight for clean air, water, and sustainable development continues. Moreover, these milestone cases are a beacon of hope, hence inspiring continuous efforts to protect India’s precious environment for generations to come.

Related Blogs

Lastly, we hope you liked our blog and gained an understanding of the Milestone Cases of Environmental Law in India. Moreover, you may even read more blogs and empower yourself with knowledge regarding Civics and Polity!

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Santana Daphne Antunis

A researcher, writer and traveller at heart. Talk to me about any topic under the sun, especially sustainability, art, music and photography.

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Law Case Study Examples in India: Legal Analysis and Insight

Law case study examples in india.

Law case studies in India provide a fascinating insight into the country`s legal system, showcasing the complexity and diversity of legal issues faced by individuals and organizations. These case studies not only highlight landmark judgments but also shed light on the evolving legal landscape of the country.

Landmark Case Study: Vishakha v. State Rajasthan

The Vishakha case is a significant example of how Indian courts have addressed issues of sexual harassment in the workplace. The Supreme Court`s guidelines outlined in this case served as a foundation for the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, which provides a framework for addressing and preventing sexual harassment at work.

Environmental Law Case Study: M.C. Mehta v. Union India

This case is a classic example of judicial activism in addressing environmental concerns. The Supreme Court`s interventions M.C. Mehta case resulted in the closure of hazardous industries in Delhi and the enforcement of strict environmental regulations, setting a precedent for environmental protection in India.

Corporate Law Case Study: Satyam Scam

The Satyam scandal is a prominent case that exposed corporate fraud and governance issues in India. The case led to significant regulatory reforms and strengthened corporate governance mechanisms, emphasizing the need for transparency and accountability in the corporate sector.

Human Rights Case Study: Naz Foundation v. Government of NCT of Delhi

This case is an example of the judiciary`s role in advancing human rights in India. The Delhi High Court`s landmark judgment decriminalizing consensual homosexual acts highlighted the court`s commitment to protecting the rights of LGBTQ+ individuals and challenging discriminatory laws.

Intellectual Property Rights Case Study: Novartis AG v. Union India

The Novartis case brought attention to the issue of pharmaceutical patents and access to affordable medicines. The Supreme Court`s decision to uphold the rejection of a patent for a cancer drug reaffirmed the balance between incentivizing innovation and ensuring access to essential drugs for public health.

Law case studies in India exemplify the dynamic nature of the country`s legal system, reflecting the courts` proactive approach in addressing diverse legal issues. These examples showcase the pivotal role of the judiciary in shaping and interpreting laws to uphold justice, rights, and accountability.

These case studies in India exemplify the diverse range of legal issues and the evolving legal framework. They not only showcase the impact of judicial decisions but also underscore the significance of legal developments in shaping the nation`s socio-economic landscape.

Legal Contract: Law Case Study Examples in India

Introduction:.

This legal contract outlines terms conditions provision Law Case Study Examples in India. The parties involved will adhere to the laws and legal practices of India in the execution of this contract.

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Roula Khalaf, Editor of the FT, selects her favourite stories in this weekly newsletter.

These five sets of case studies highlight how law firms in Asia-Pacific are innovating as businesses.

They feature examples of law firms changing how they manage their own people, and how they are reinventing services and delivery models.

All the case studies were researched, compiled and ranked by RSGI. “Winner” indicates that the organisation won an FT Innovative Lawyers Asia-Pacific award for 2024

Read the other FT Innovative Lawyers Asia-Pacific ‘Best practice case studies’, which showcase the standout innovations made for and by people working in the legal sector:

Practice of law In-house

People and skills

WINNER: Gilbert + Tobin Originality: 8; Leadership: 9; Impact: 8; Total: 25 Last year, the firm ran an “AI Bounty” competition, offering staff a total of A$20,000 in prizes for their best ideas on deploying artificial intelligence at work. The contest attracted 106 submissions, with the money split among five main award winners and 50 smaller prizes. The firm will develop the best ideas identified, including tools to review a privacy policy and enhance due diligence.

Inkling Legal Design O: 9; L: 8; I: 7; Total: 24 The firm developed an online course that encourages writing in plain, straightforward English and provides a benchmark against which other lawyers can compare how well they write about ambiguous areas of law. The application, which launched last year, is designed to improve efficiency and accuracy when writing and has been used by eight clients so far.

Highly commended

Lander & Rogers O: 8; L: 8; I: 7; Total: 23 In its continuing partnership with Melbourne’s Monash University, the Australian firm invited five law students — dubbed “AI investigative agents” — to interview practice group heads and work with the firm’s innovation team to examine scenarios in which the technology might be applied. The training initiative identified more than 40 examples for possible use and the students’ insights on the topic have been published by the firm.

MinterEllison O: 7; L: 8; I: 7; Total: 22 The firm created its own internal cryptocurrency to reward staff for taking part in its online training sessions. The so-called Mintcoins can be exchanged internally for charity donations or gift cards and have helped encourage the completion of more than 1,900 training modules by 850 people.

Rajah & Tann Singapore O: 7; L: 7; I: 8; Total: 22 The firm identified several common skills and qualities required by its lawyers working across the various business sectors, jurisdictions and languages in the region. These include project management and communication skills aside from specific legal knowledge. Lawyers can receive 50-plus hours of training and at least half of the programme comprises practical activities.

Ashurst O: 6; L: 7; I: 8; Total: 21 Lawyers at the firm can now use an online tool to highlight their availability and expertise, to help with allocation of work. In the first eight months of use, it received more than 720 notifications of availability from lawyers across the firm’s Asia-Pacific offices.

Khaitan & Co O: 7; L: 7; I: 7; Total: 21 The firm worked with a consultancy to set up a process that assesses lawyers in areas such as productivity and business development skills, to decide if they are ready for partnership promotion.

Nagashima Ohno & Tsunematsu O: 8; L: 6; I: 6; Total: 20 The firm created a programme where associates work with partners to develop new client relationships in emerging practice areas. These areas include the latest tech developments, sports, and agriculture and fishing industries.

King & Wood Mallesons O: 6; L: 6; I: 7; Total: 19 The firm added new modules in AI, process improvement and change management to its “legal transformation belts” programme, which grades and certifies digital skills and is also available to clients.

Knowledge and data

WINNER: MinterEllison Originality: 7; Leadership: 9; Impact: 8; Total: 24 In December 2023, the firm’s environment and planning team led a pilot of a generative AI tool that can draft legal documents that are roughly 80 per cent assembled in under a minute. Replicating a junior lawyer’s work, the model draws information from a repository of the firm’s historic advice, and other sources, to provide a draft that senior lawyers can check and amend. The pilot involved 50 lawyers and the firm now plans to roll out the tool across the practices. Commended individual: Simon Ball

King & Wood Mallesons O: 7; L: 8; I: 8; Total: 23 The firm’s commercial real estate practice developed a system based on records of past property transactions to identify market trends across Asia. Using data visualisation software, the tool helps identify patterns across the firm’s global property work, such as popular drafting clauses and market standards. According to the firm, the tool has reduced typical time taken for some research tasks from up to four hours to just minutes.

JunHe O: 6; L: 8; I: 8; Total: 22 To encourage use of its knowledge-management system, the Chinese firm added training materials along with a feature that automatically logs when training sessions are taken. The firm also rewards its 700-plus lawyers for adding good quality data to the platform by tying this to their bonuses. This has led to an increase in activity on the platform, with 25,000 clicks recorded per month in 2023.

Khaitan & Co O: 8; L: 7; I: 7; Total: 22 The firm sifted 17mn items to identify 841,000 relevant documents for future case work and integrate them into a searchable system. AI tools, under development, will be able to create summaries of the documents and perform predictive analysis on contracts.

Anand and Anand O: 7; L: 7; I: 7; Total: 21 The Indian firm created a “matter knowledge” bank where users can search for a case and generate a summary of relevant details. It spent three years digitising decades’ worth of physical documents and started using the repository in June 2023. The firm hopes to improve processes such as document drafting and trial preparation and encourage internal collaboration.

Clifford Chance O: 6; L: 7; I: 7; Total: 20 The firm developed a tool to help with billing when a client’s requirements change during a transaction, and launched it in the Asia-Pacific region. The spreadsheet-based system gives an improved overview of work done on particular case work with live projections, allowing significantly faster billing decisions.

Sprintlaw O: 7; L: 8; I: 5; Total: 20 In 2023, the Australian firm launched a knowledge-sharing platform for staff servicing smaller businesses. The internal resource has halved the time taken for its lawyers to create some documents, such as standard shareholder agreements.

Hogan Lovells O: 6; L: 7; I: 6; Total: 19 The lawyers conducted a document review for an anti-bribery investigation using AI software that required training in Vietnamese. The subsequent search has identified 150,000 documents for scrutiny by lawyers.

Digital tools

WINNER: Clifford Chance Originality: 8; Leadership: 9; Impact: 8; Total: 25 The firm partnered with tech company Microsoft to create a generative artificial intelligence bot, launched in late October, that tracks and summarises press releases published by Hong Kong regulators.

Lawyers in the region took the lead on ensuring the tool had appropriate understanding of legal jargon and included a summarisation and context extraction function that will save the firm an estimated 480 hours of associate and trainee time per year. Output can be turned into interactive graphs and trends, which the lawyers use to advise clients.

Yulchon O: 8; L: 8; I: 7; Total: 23 The South Korean firm created a service to help clients better comply with the country’s Serious Accidents Punishment Act (SAPA), introduced in 2022, which puts greater responsibility on businesses to ensure safety in their operations and facilities.

The service involves a free self-diagnosis tool that shows clients where they are most at risk of violating SAPA. The firm also uses automation to track news reports of SAPA-related incidents and has created a training programme with videos offering insights into the law. The programme uses an AI-powered search engine to help clients find specific information.

Clayton Utz O: 7; L: 8; I: 7; Total: 22 The Sydney-based firm launched an AI-generated compliance portal, Obligations Navigator, in December 2023. In a client assessment, the portal analysed 100 examples of case law and produced a hyperlinked list of 42,000 obligations, described in plain English and checked by human lawyers. Summarising compliance requirements can be labour-intensive, so the portal saves time and resources and gives the client a clear and comprehensive compliance process — helping them understand which obligations they must comply with, and how.

Lander & Rogers O: 7; L: 7; I: 7; Total: 21 The Australian firm developed an AI tool to extract relevant information from files submitted alongside compensation claims. The innovation and compensation law teams partnered with the firm’s legal tech incubator, Halisok, to digitise the manually-intensive sorting process in mass litigation and class action suits.

Nagashima Ohno & Tsunematsu O: 5; L: 8; I: 8; Total: 21 Led by managing partner Soichiro Fujiwara, the firm’s technology start-up MNTSQ designed an AI-powered search engine that allows lawyers to search an internal contract database for relevant Japanese clauses and provisions, after the firm found public search engines such as Google were insufficient.

Rajah & Tann Singapore O: 7; L: 7; I: 6; Total: 20 In June 2023, Singapore’s Urban Redevelopment Authority implemented new requirements for anti-money laundering checks in residential property purchases. The Singaporean law firm launched an AI tool that automates these due diligence checks of potential buyers, which is now used by 30 property developers in the country.

MinterEllison O: 5; L: 7; I: 7; Total: 19 The firm developed a contract review tool to help mining group Anglo American manage its supply chain and contracts. The firm approached the miner — a long-term client — after it struggled with the management of contracts. Lawyers used the company’s data to build the tool from scratch in 2023. Commended individual: Benjamin Fox

Digital strategy

WINNER: A&O Shearman Originality: 8; Leadership: 9; Impact: 8; Total: 25 In partnership with legal tech company Harvey, A&O Shearman (formerly Allen & Overy) was among the first law firms to make wide use of a generative AI tool in early 2023.

Capitalising on the publicity this created, it then launched an AI client working group in Asia Pacific where 81 participants from 19 companies paid the firm for advice on generative AI’s potential legal implications and practical lessons about adoption of the technology in a big organisation.

Highly Commended

Ashurst O: 7; L: 8; I: 8; Total: 23 The firm has run pilots and trials of generative AI that involved more than 400 staff in 23 offices including a competition to identify future applications and blind trials testing applications against humans. The strategy has been implemented worldwide, with a prominent role played by the team from Australia. The firm says nearly 90 per cent of staff felt its technology focus was preparing them for the coming years.

Mayer Brown O: 7; L: 8; I: 8; Total: 23 The Hong Kong office led the rollout in 2023 of AI tool Harvey for use in research, drafting, and data analysis. It is also used to cut the time spent summarising local case law, to improve due diligence, and Chinese-to-English translations.

PwC Asia Pacific O: 7; L: 8; I: 7; Total: 22 The firm’s Asia-Pacific business merged its legal and NewLaw legal services divisions to help clients implement related technology.

Internally, the firm is using AI tool Harvey and its own virtual assistant ChatPwC, as well as experimenting with other relevant tools. The firm recorded more than 18,000 queries being submitted to Harvey in the first six months of using it in the region and estimates that the application saved the firm 9,000 hours of time in that period.

Rajah & Tann Singapore O: 6; L: 8; I: 7; Total: 21 The firm is working with its technology arm Rajah & Tann Technologies to bring in external software that will encourage lawyers to embrace digitisation fully and prepare for the future adoption of AI systems. Examples include applications that are designed to cut the time spent on research and to locate the relevant contract clauses from a centralised database.

JunHe O: 6; L: 7; I: 7; Total: 20 The Chinese law firm’s tech team created a tool that automates the identification and redaction of sensitive material from documents. This tool helps lawyers protect sensitive data and better comply with data protection laws in China when using generative AI.

Trilegal O: 6; L: 7; I: 7; Total: 20 Trilegal’s digital innovation group is leading technological advances at the Indian law firm, creating a knowledge management system and AI-based dashboards to monitor work progress and preparing existing systems to incorporate generative AI.

New solutions

WINNER: Inkling Legal Design Originality: 8; Leadership: 9; Impact: 8; Total: 25 The firm advised the Australian Nuclear Science and Technology Organisation (ANSTO) on redesigning its commercial project agreements. The lawyers simplified the contracts used by the public research body for project partners, which predominantly include scientists with a non-legal background. Clauses were simplified and legal jargon removed, while retaining legal compliance and addressing complex scientific issues. Redesigning these contracts has led to greater collaboration between the legal department at ANSTO and other parties, internally and externally. Using digital tools and visuals made the contracts easier to navigate.

A&O Shearman O: 7; L: 8; I: 9; Total: 24 In response to China’s property market crash, the firm developed an interactive portal to help co-ordinating committees representing bank lenders to navigate complex, large-scale corporate restructurings. The portal provides clients with access to resources relating to relevant restructurings, a Q&A tool and document review capabilities. Rapid access to comprehensive information and support saves clients time and money.

Lawpath O: 6; L: 8; I: 8; Total: 22 The Australian firm is targeting smaller companies by providing low-cost access to software and document libraries that use AI to fill out contracts and agreements. A human lawyer can be involved to check documents or deal with more complex work if required.

Atsumi & Sakai O: 6; L: 8; I: 7; Total: 21 The Tokyo-based law firm’s Policy Research Institute advised the Japanese government on emerging technology topics, such as developing AI regulation and the construction of a semiconductor factory.

Pinsent Masons O: 7; L: 7; I: 7; Total: 21 The firm has broadened the legal services it offers at each stage of big renewable energy projects to offer clients a more integrated service — ranging from environmental, social and governance assessments to licensing and property transactions. Commended individual: Mark Hu

KPMG Law O: 5; L: 8; I: 7; Total: 20 The firm created a platform to assess how well equipped a company’s legal team is. The system, launched in 2022, uses a digital tool and questionnaires to gather data about the company and automates a report to help in-house teams assess their resourcing.

Keypoint Law O: 5; L: 7; I: 7; Total: 19 The Australian firm is celebrating a decade of operating without billable hour targets or budgets. The policy aims to offer a more flexible working arrangement to lawyers. Partners are typically paid 70 per cent of the services they charge to clients but, if they do not earn, there is no guaranteed pay. The firm has grown to 75 partners since it was launched in 2014.

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Published: 5 April 2024 Contributors: Tim Mucci, Cole Stryker

Big data analytics refers to the systematic processing and analysis of large amounts of data and complex data sets, known as big data, to extract valuable insights. Big data analytics allows for the uncovering of trends, patterns and correlations in large amounts of raw data to help analysts make data-informed decisions. This process allows organizations to leverage the exponentially growing data generated from diverse sources, including internet-of-things (IoT) sensors, social media, financial transactions and smart devices to derive actionable intelligence through advanced analytic techniques.

In the early 2000s, advances in software and hardware capabilities made it possible for organizations to collect and handle large amounts of unstructured data. With this explosion of useful data, open-source communities developed big data frameworks to store and process this data. These frameworks are used for distributed storage and processing of large data sets across a network of computers. Along with additional tools and libraries, big data frameworks can be used for:

  • Predictive modeling by incorporating artificial intelligence (AI) and statistical algorithms
  • Statistical analysis for in-depth data exploration and to uncover hidden patterns
  • What-if analysis to simulate different scenarios and explore potential outcomes
  • Processing diverse data sets, including structured, semi-structured and unstructured data from various sources.

Four main data analysis methods  – descriptive, diagnostic, predictive and prescriptive  – are used to uncover insights and patterns within an organization's data. These methods facilitate a deeper understanding of market trends, customer preferences and other important business metrics.

IBM named a Leader in the 2024 Gartner® Magic Quadrant™ for Augmented Data Quality Solutions.

Structured vs unstructured data

What is data management?

The main difference between big data analytics and traditional data analytics is the type of data handled and the tools used to analyze it. Traditional analytics deals with structured data, typically stored in relational databases . This type of database helps ensure that data is well-organized and easy for a computer to understand. Traditional data analytics relies on statistical methods and tools like structured query language (SQL) for querying databases.

Big data analytics involves massive amounts of data in various formats, including structured, semi-structured and unstructured data. The complexity of this data requires more sophisticated analysis techniques. Big data analytics employs advanced techniques like machine learning and data mining to extract information from complex data sets. It often requires distributed processing systems like Hadoop to manage the sheer volume of data.

These are the four methods of data analysis at work within big data:

The "what happened" stage of data analysis. Here, the focus is on summarizing and describing past data to understand its basic characteristics.

The “why it happened” stage. By delving deep into the data, diagnostic analysis identifies the root patterns and trends observed in descriptive analytics.

The “what will happen” stage. It uses historical data, statistical modeling and machine learning to forecast trends.

Describes the “what to do” stage, which goes beyond prediction to provide recommendations for optimizing future actions based on insights derived from all previous.

The following dimensions highlight the core challenges and opportunities inherent in big data analytics.

The sheer volume of data generated today, from social media feeds, IoT devices, transaction records and more, presents a significant challenge. Traditional data storage and processing solutions are often inadequate to handle this scale efficiently. Big data technologies and cloud-based storage solutions enable organizations to store and manage these vast data sets cost-effectively, protecting valuable data from being discarded due to storage limitations.

Data is being produced at unprecedented speeds, from real-time social media updates to high-frequency stock trading records. The velocity at which data flows into organizations requires robust processing capabilities to capture, process and deliver accurate analysis in near real-time. Stream processing frameworks and in-memory data processing are designed to handle these rapid data streams and balance supply with demand.

Today's data comes in many formats, from structured to numeric data in traditional databases to unstructured text, video and images from diverse sources like social media and video surveillance. This variety demans flexible data management systems to handle and integrate disparate data types for comprehensive analysis. NoSQL databases , data lakes and schema -on-read technologies provide the necessary flexibility to accommodate the diverse nature of big data.

Data reliability and accuracy are critical, as decisions based on inaccurate or incomplete data can lead to negative outcomes. Veracity refers to the data's trustworthiness, encompassing data quality, noise and anomaly detection issues. Techniques and tools for data cleaning, validation and verification are integral to ensuring the integrity of big data, enabling organizations to make better decisions based on reliable information.

Big data analytics aims to extract actionable insights that offer tangible value. This involves turning vast data sets into meaningful information that can inform strategic decisions, uncover new opportunities and drive innovation. Advanced analytics, machine learning and AI are key to unlocking the value contained within big data, transforming raw data into strategic assets.

Data professionals, analysts, scientists and statisticians prepare and process data in a data lakehouse, which combines the performance of a data lakehouse with the flexibility of a data lake to clean data and ensure its quality. The process of turning raw data into valuable insights encompasses several key stages:

  • Collect data: The first step involves gathering data, which can be a mix of structured and unstructured forms from myriad sources like cloud, mobile applications and IoT sensors. This step is where organizations adapt their data collection strategies and integrate data from varied sources into central repositories like a data lake, which can automatically assign metadata for better manageability and accessibility.
  • Process data: After being collected, data must be systematically organized, extracted, transformed and then loaded into a storage system to ensure accurate analytical outcomes. Processing involves converting raw data into a format that is usable for analysis, which might involve aggregating data from different sources, converting data types or organizing data into structure formats. Given the exponential growth of available data, this stage can be challenging. Processing strategies may vary between batch processing, which handles large data volumes over extended periods and stream processing, which deals with smaller real-time data batches.
  • Clean data: Regardless of size, data must be cleaned to ensure quality and relevance. Cleaning data involves formatting it correctly, removing duplicates and eliminating irrelevant entries. Clean data prevents the corruption of output and safeguard’s reliability and accuracy.
  • Analyze data: Advanced analytics, such as data mining, predictive analytics, machine learning and deep learning, are employed to sift through the processed and cleaned data. These methods allow users to discover patterns, relationships and trends within the data, providing a solid foundation for informed decision-making.

Under the Analyze umbrella, there are potentially many technologies at work, including data mining, which is used to identify patterns and relationships within large data sets; predictive analytics, which forecasts future trends and opportunities; and deep learning , which mimics human learning patterns to uncover more abstract ideas.

Deep learning uses an artificial neural network with multiple layers to model complex patterns in data. Unlike traditional machine learning algorithms, deep learning learns from images, sound and text without manual help. For big data analytics, this powerful capability means the volume and complexity of data is not an issue.

Natural language processing (NLP) models allow machines to understand, interpret and generate human language. Within big data analytics, NLP extracts insights from massive unstructured text data generated across an organization and beyond.

Structured Data

Structured data refers to highly organized information that is easily searchable and typically stored in relational databases or spreadsheets. It adheres to a rigid schema, meaning each data element is clearly defined and accessible in a fixed field within a record or file. Examples of structured data include:

  • Customer names and addresses in a customer relationship management (CRM) system
  • Transactional data in financial records, such as sales figures and account balances
  • Employee data in human resources databases, including job titles and salaries

Structured data's main advantage is its simplicity for entry, search and analysis, often using straightforward database queries like SQL. However, the rapidly expanding universe of big data means that structured data represents a relatively small portion of the total data available to organizations.

Unstructured Data

Unstructured data lacks a pre-defined data model, making it more difficult to collect, process and analyze. It comprises the majority of data generated today, and includes formats such as:

  • Textual content from documents, emails and social media posts
  • Multimedia content, including images, audio files and videos
  • Data from IoT devices, which can include a mix of sensor data, log files and time-series data

The primary challenge with unstructured data is its complexity and lack of uniformity, requiring more sophisticated methods for indexing, searching and analyzing. NLP, machine learning and advanced analytics platforms are often employed to extract meaningful insights from unstructured data.

Semi-structured data

Semi-structured data occupies the middle ground between structured and unstructured data. While it does not reside in a relational database, it contains tags or other markers to separate semantic elements and enforce hierarchies of records and fields within the data. Examples include:

  • JSON (JavaScript Object Notation) and XML (eXtensible Markup Language) files, which are commonly used for web data interchange
  • Email, where the data has a standardized format (e.g., headers, subject, body) but the content within each section is unstructured
  • NoSQL databases, can store and manage semi-structured data more efficiently than traditional relational databases

Semi-structured data is more flexible than structured data but easier to analyze than unstructured data, providing a balance that is particularly useful in web applications and data integration tasks.

Ensuring data quality and integrity, integrating disparate data sources, protecting data privacy and security and finding the right talent to analyze and interpret data can present challenges to organizations looking to leverage their extensive data volumes. What follows are the benefits organizations can realize once they see success with big data analytics:

Real-time intelligence

One of the standout advantages of big data analytics is the capacity to provide real-time intelligence. Organizations can analyze vast amounts of data as it is generated from myriad sources and in various formats. Real-time insight allows businesses to make quick decisions, respond to market changes instantaneously and identify and act on opportunities as they arise.

Better-informed decisions

With big data analytics, organizations can uncover previously hidden trends, patterns and correlations. A deeper understanding equips leaders and decision-makers with the information needed to strategize effectively, enhancing business decision-making in supply chain management, e-commerce, operations and overall strategic direction.  

Cost savings

Big data analytics drives cost savings by identifying business process efficiencies and optimizations. Organizations can pinpoint wasteful expenditures by analyzing large datasets, streamlining operations and enhancing productivity. Moreover, predictive analytics can forecast future trends, allowing companies to allocate resources more efficiently and avoid costly missteps.

Better customer engagement

Understanding customer needs, behaviors and sentiments is crucial for successful engagement and big data analytics provides the tools to achieve this understanding. Companies gain insights into consumer preferences and tailor their marketing strategies by analyzing customer data.

Optimized risk management strategies

Big data analytics enhances an organization's ability to manage risk by providing the tools to identify, assess and address threats in real time. Predictive analytics can foresee potential dangers before they materialize, allowing companies to devise preemptive strategies.

As organizations across industries seek to leverage data to drive decision-making, improve operational efficiencies and enhance customer experiences, the demand for skilled professionals in big data analytics has surged. Here are some prominent career paths that utilize big data analytics:

Data scientist

Data scientists analyze complex digital data to assist businesses in making decisions. Using their data science training and advanced analytics technologies, including machine learning and predictive modeling, they uncover hidden insights in data.

Data analyst

Data analysts turn data into information and information into insights. They use statistical techniques to analyze and extract meaningful trends from data sets, often to inform business strategy and decisions.

Data engineer

Data engineers prepare, process and manage big data infrastructure and tools. They also develop, maintain, test and evaluate data solutions within organizations, often working with massive datasets to assist in analytics projects.

Machine learning engineer

Machine learning engineers focus on designing and implementing machine learning applications. They develop sophisticated algorithms that learn from and make predictions on data.

Business intelligence analyst

Business intelligence (BI) analysts help businesses make data-driven decisions by analyzing data to produce actionable insights. They often use BI tools to convert data into easy-to-understand reports and visualizations for business stakeholders.

Data visualization specialist

These specialists focus on the visual representation of data. They create data visualizations that help end users understand the significance of data by placing it in a visual context.

Data architect

Data architects design, create, deploy and manage an organization's data architecture. They define how data is stored, consumed, integrated and managed by different data entities and IT systems.

IBM and Cloudera have partnered to create an industry-leading, enterprise-grade big data framework distribution plus a variety of cloud services and products — all designed to achieve faster analytics at scale.

IBM Db2 Database on IBM Cloud Pak for Data combines a proven, AI-infused, enterprise-ready data management system with an integrated data and AI platform built on the security-rich, scalable Red Hat OpenShift foundation.

IBM Big Replicate is an enterprise-class data replication software platform that keeps data consistent in a distributed environment, on-premises and in the hybrid cloud, including SQL and NoSQL databases.

A data warehouse is a system that aggregates data from different sources into a single, central, consistent data store to support data analysis, data mining, artificial intelligence and machine learning.

Business intelligence gives organizations the ability to get answers they can understand. Instead of using best guesses, they can base decisions on what their business data is telling them — whether it relates to production, supply chain, customers or market trends.

Cloud computing is the on-demand access of physical or virtual servers, data storage, networking capabilities, application development tools, software, AI analytic tools and more—over the internet with pay-per-use pricing. The cloud computing model offers customers flexibility and scalability compared to traditional infrastructure.

Purpose-built data-driven architecture helps support business intelligence across the organization. IBM analytics solutions allow organizations to simplify raw data access, provide end-to-end data management and empower business users with AI-driven self-service analytics to predict outcomes.

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