Anamika Malhotra

Maharashtra Rent Digest 1975 - 2020 Applicable to Maharashtra & Goa

Anamika Malhotra

BOMBAY CASES REPORTER DIGEST (MAHARASHTRA & GOA) 2022 Containing cases reported in Bombay Cases Reporter, 2022 Vols. 1 to 6 Bombay Cases Reporter (Criminal) 2022 Vols. 1 to 4 Covers citations from other law Journals & Reports A.I.R. Bom.R., A.I.R. (Bom.), (S.C.), (S.C.W.), All.M.R., All.M.R.(Cri.), Bom.L.R., Cri.L.J., J.T., Mh.L.J., Scale, Supreme, S.C.C. & S.C.C.(Cri.)

Anamika Malhotra

DIGEST ON MAHARASHTRA CO-OPERATIVE SOCIETY 1975-2022 Revised by Ms. Anamika Malhotra, Advocate, Addl. Public Prosecutor, State of Maharashtra Sr. Counsel, UOIDr. Jyoti D. Malhotra, Advocate, Ph.D. (Law), L.L.M., M.Com., Dip. (Cyber Crime) Bombay High Court

Puneet Chaturvedi, Advocate

Media is called the fourth pillar of the State besides Legislation, Judiciary and executive. Though it is not constitutionally or legally recognized as such, in actuality it has achieved the said status and today it is a powerful tool which can, not only frame but can also change the opinion of the society at large. In the 21st Century there has been a metamorphosis change in the shape and character of media. In the second half of the 19th century, the concept of printing press came to light, as such the print media was born. Newspapers, magazines, daily, weekly and monthly were printed and circulated. Initially these prints concentrated only on views of the prominent people, printing them by way of articles, stories etc. Slowly, some of them started printing news also, which idea instantly became a hit. Though the print media is relevant even today but the area of its prominence is fast shrinking. Gone are the good old days of the dominance of print media. Gradually the print media was pushed by broadcast methods of Radio in the 20th Century. The broadcast media ran parallel to print media both having their own share of patrons for more than 50 years. Similarly in the later years of 20th century, more particularly the decades of 80s and 90s has seen the arrival and growth of electronic media with the advent of Television. That now the one and only space of print media has been shared with audio broadcast media of Radio as well as video telecast media of television. v Further with the arrival of 21st century came the internet. Thus, the space is now shared among them all. Interestingly despite the developments of these new modes and methods of media, the old modes and methods are continuing and has not become obsolete. That it is also to be noted that the media is not limited to press alone, i.e., press of print, broadcast or electronic. Media is far broader than the press. It also covers a huge area of advertising. Now advertising in conventional system was never dependent upon print media alone. The advertising or dissemination of information even prior to the advent of print media, was done through shouting or by beat of drums. Additionally, through painting the walls or by pasting posters. With further growth hoardings were constructed for advertising alongside roads. Now even illuminated hoardings as well as digital screens have been used for advertising. In addition to the other platforms of media like press, broadcast, telecast, internet etc. being used for advertising. There has been a media explosion in India in the last two decades. First the VCRs came to make a dent in the Cinema halls visitors, then came private television channels to steal the viewers further. Similarly, the private FM channels has revived the almost dying Radio. In the current decade the internet has grabbed the space with almost everything available on your palm top or mobile phone. The print media is no more “only on paper” but is available online also. The current generation watches everything from cinema, to music, to news, general knowledge, to studies i.e., almost every type of media on its palm top or mobile. vi There has been metamorphosis growth in the field of media but unfortunately the laws related to media are scattered. This book is an effort to assimilate and consolidate the relevant provisions of the media laws which is found in different statutes. A thorough and minute research have been undertaken to bring the relevant provisions of various statutes in respect of media to bring under one umbrella. From the time of development of print media till the development of internet, from time-to-time laws, rules and regulations have been framed in respect of media. There has been laws and rules since British time continuing in India. Besides a lot of the laws and rules have been framed in independent India by successive Governments. Interestingly most of the media laws are framed by the centre. There are laws in respect of print media, broadcast media, telecast media, internet, digital media etc. besides the regular laws touching the media aspect. From Constitution of India to civil and criminal laws in general are also related to media. Several constitutional provisions are relevant to media. Similarly Civil law as well as Criminal laws are also relevant. Unfortunately, despite being such important area of activity which is touching every aspect of social life today, there is no comprehensive law in respect of media in India. That therefore this book concentrates through thorough research on not only the scattered provisions of law in respect of Media laws in India but an effort has vii also been put to find out international scenario in respect of media laws across the world. The book is classified into Five parts: Book-I Material related to media into all the possible areas of the media. Book-II Media Ethics Book-III Relevant Provisions of Media in Statutes Book-IV Landmark Judgements Book-V Forms & Deeds The author has also tried to put his humble opinion and suggestions for the better media laws at relevant places. Overall, it is going to be a comprehensive book on media laws, useful for not only the media houses, journalists, media persons, correspondents and Government offices but also to lawyers, courts of law, media students, universities, media institutes.

Sunny Punamiya, Advocate LL.M., Queen Mary University, London, United Kingdom.

This book is not merely the culmination of words and sentences, but a testament about the inspiration and impact that Seniors, Hon’ble Judges and Colleagues can have on the journey of a budding legal mind. Through the arguments of Learned Seniors in the Courts, the decisions of the Hon’ble Judges and casual discussions about Law with colleagues, I have come to understand the challenges and nuances of the realm of the Special Laws. To all the Law Students and younger generation of Lawyers, may this book serve as a companion, inspiration or a helping hand in the intricate pathways of Criminal Jurisprudence. I hope to ignite the passion in my fellow Law Students and younger generation of lawyers in the subject of Criminal Law, which contributes to their collective decision to pursue the subject. If I am a spec in the dust of such a decision, my dedication and time to write the book will not be wasted.

Dr. Dhanalakshmi Krishnaiyer, LL.B., LL.M, Ph.D

Concentration of the Legislative, Executive and the Judicial powers in the same hands leads to a despotic government violative of the very premise on which democracy is based. To evade the interference of each one of these organs over the other, the roles and tasks are accordingly allotted to the respective wings of the system with a tad of overlap. But what has been observed is that there has been a quantum leap in seizing the powers that is assigned to the other. After a statute is enacted, the legislature becomes functus officio. This situation of a stalemate, then needs to be resolved by the courts itself as interpreters of the law since due to functus officio the legislatures are barred from making any further comments. It needs to be also specifically deliberated herein that every case being unique in its own way, the lawmakers may not have considered or must have had their own limitations in foreseeing such a broad range of circumstances when drafting any given statute. But, nevertheless, they are duty bound to at least look into the regular and general debateable arenas while drafting such statutes or its amendments, since these situations arise often in spite of amended statutes. This limitation of the legislature on the drafting mechanism per se leaves a lot of room for the evolution and fruition of doctrines, which is a principle, a theory, or a position that is ordinarily applied and espoused by the courts.It is a vice versa phenomena of interpretations and doctrines interchangeably being applied and occupying the space, thereby resulting in their respective expansions, enlargements and improvements assisting the judiciary in a predominant way. With the passage of time, various judicial doctrines have originated and developed over time. These doctrines evolved diverse judicial interpretations in the Indian constitutional law via the judiciary. In the process there were superfluity in disagreements, unrest, debates, and legislative solutions and till date envisages improvements in the area, since it is an ever evolving area. These have been used to arrive at some of the most important decisions, aiding in the evolution of existent Doctrines, development of certain Doctrines, application of prevalent Doctrines and also creation of Doctrines. The book is an attempt of conceptualizing, analysing, evaluating, deliberating on the grey areas in the legislations, citations, dissenting/assenting views, drawing effectiveand operative insinuations with regards the doctrines besides an advanced standpoint. The book encapsulates and entails 24 doctrines with suggestive citations of the Hon’ble Apex Court. ABOUT THE AUTHOR A Practicing Advocate at High Court & Supreme court and also a registered Patent Attorney with a combined experience in Litigation and Prelitigation mattters (LL.B.,LL.M), Scientific (M.Pharm.,Ph.D), Consulting, Business Development and Teaching for over 18 years. Dr. D. Iyer practices in all legal matters in the sphere of Civil and Criminal domains including Intellectual Property rights that include Patents, Trademarks, Industrial Designs, Copyrights, and other areas of Civil and Criminal Litigation. Dr. D. Iyer, has worked with Academia and Industry alike with an experience of over 14 years now. She has worked with Drug Safety, Regulatory Affairs and Medical writing domains of Pharmaceutical Multinationals. She is a visiting faculty to Pharmacy institute and Clinical Research institute and has also been actively involved in various Research and Industrial Projects of Pharmaceutical and Herbal Companies. Prior to plunging into her own venture, Dr. D. Iyer had work stints with IP and Law firms. She has an indepth know-how of Patents, the Act and rules likewise pertaining to IPO, WIPO, USPTO and EPO etc and is adept in Patent drafting, prior art searches, developing analysis reports on Patentability, Infringement, Freedom to Operate and Patent drafting. Well versed with Patent Mining, Patent Mapping and Technology Landscaping. She has qualified her All India Patent Bar Exam and is a Registered Patent Attorney with Indian Intellectual Property Office, Mumbai. She has also consulted for other legal aspects which include Trade Marks, Geographical indications, Industrial designs, Copy rights, vetting of various agreements, Registrations pertaining to drug marketing and companies. She has been a guest speaker to various National and International Forums/ Conventions, has a published text book on Highlights of Pharma covigilance which has its copyrights reserved under International and Pan-American Conventions and 1 patent granted to her credit and 2 patents in the process of grant.