INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

EVIDENTIARY VALUE OF ELECTRONIC EVIDENCE UNDER INDIAN EVIDENCE ACT,1872 BY: YUKTA BAJAJ

Authors : YUKTA BAJAJ

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Year : Nov -2023 | Volume : II | Issue : 7

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HUMANISING CRIMINAL JUSTICE RESPONSE AND PUNISHMENT FOR THE OFFENDER By: Anantha Narayanan B

Authors : Anantha Narayanan B

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IMPACT OF FINANCIAL CRIMES ON THE ECONOMY WITH INSTANCE OF PREVENTIVE ACTS BY - NAINCY KUMARI

Authors : NAINCY KUMARI

Registration ID : 106309 Published Paper ID: IJLRA6309

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LEGAL MECHANISM FOR THE ECONOMIC HAVOC CAUSED BY BENAMI TRANSACTIONS BY - SONAL PRIYA

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ANALYSIS OF CLASS ACTION LAWSUIT UNDER INDIAN LAWS. BY - Ms. MAARIA LAKDAWALA

Authors : Ms. MAARIA LAKDAWALA

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RETURN OF FUGITIVE CRIMINALS UNDER INTERNATIONAL LAW -VIS-A-VIS- EXTRADITION ACT 1962 BY - MEDHAVI KISHOR PETHKAR

Authors : MEDHAVI KISHOR PETHKAR

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JUDICIAL APPOINTMENTS IN INDIA, UNITED KINGDOM AND UNITED STATES OF AMERICA: A COMPARATIVE STUDY WITH REFERENCE TO CENTRE AND COLLEGIUM BY - JYOTSANA AGRAWAL

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AN EMPIRICAL STUDY ON THE ENFORCEABILITY OF THE MEASURES PRESCRIBED UNDER THE POSH ACT IN INDIA BY: ANNANYA SINGHAL

Authors : ANNANYA SINGHAL

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RECENT MERGERS IN INDIA BY - KHUSHI SINGH

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LIMITATION OF AIRSPACE SOVERIGNITY OF STATES IN CONNECTION WITH SPACE ACTIVITY BY - BIBY THOMAS

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International journal for legal research and analysis

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[1] 65B. Admissibility of electronic records. —

(1)Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible

(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely: —

(a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer; (b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;

(c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and

(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.

(3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by computers, whether—

(a) by a combination of computers operating over that period; or

(b) by different computers operating in succession over that period; or

(d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly.

(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say, —

(a) identifying the electronic record containing the statement and describing the manner in which it was produced;

(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer; (c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.

(5) For the purposes of this section: -

(a) infomation shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;

(b) whether in the course of activities carried on by any official information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities;

(c) a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment. Explanation. — For the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process.

[2] TOMASO BRUNO & ANR. V. STATE OF UTTAR PRADESH

The present case dealt with the death of a foreigner who came along with other foreigners, being charged for his murder but were acquitted as the CCTV footages being the best evidence were not shown which could have easily proven the guilt of the accused persons, instead of beating around the bush on the prosecution side

The judgment delivered in Tomaso Bruno case degraded the position of law with respect to the admissibility of secondary electronic evidence and this brings a direct conflict between this case and the Anvar P.V.

case

[3] Ins by Act 21 of 2000, s. 92, and the Second Schedule (w.e.f. 17-10-2000).

[4] Subs by Act 10 of 2009, s. 52(e), for “digital signature” (w.e.f. 27-10-2009).

[5] Ins by Act 21 of 2000, s. 92 and the second Schedule (w.e.f. 17-10-2000).

[6] Ins. by Act 21 of 2000, s. 92 and the Second Schedule (w.e.f. 17-10-2000). ⁷ Subs. by Act 10 of 2009, s. 52, for Digital Signature (w.e.f. 27.10.2009).

[8] Paul Roberts, Adrian Zuckerman, (2004). Criminal evidence. Oxford Univ. Press.

[9] Prashant Mali, Electronic Evidence/Digital Evidence & Cyber law in India,

[10] May, Richard, and Steven Powles. 2007. Criminal evidence. London: Thomson/Sweet & Maxwell

[11] Largent v. Reed 24, the plaintiff claimed that a recent accident had made her life rather complicated, despite the defendant producing Facebook posts and images of the event that proved she had gone to the gym and was in a good mood while going about her daily activities. She was ordered to provide the court with her Facebook login information so that it can conduct additional research on the issue.

[12] the Honorable Supreme Court has expressed opposing opinions over how to read Section 65B. It was made clear what section 65B included in the case of Arjun v. Kailash

[13] The Supreme Court's earlier decisions, Anvar P V v. P K Basheer[hereinafter referred to as Anvar v. Basheer], Shahfi Mohammad v. State of Himachal Pradesh [hereinafter referred to as Shahfi Mohammad Case], and Tomaso Bruno v. State of Uttar Pradesh [hereinafter referred to as Tomaso Bruno Case] [hereinafter referred to as Tomaso Bruno Case.

[14] The Hon'ble Supreme Court in the Tomaso Bruno Case didn't refer to the earlier judgment of Anvar v

Basheer and held that "section 65B was not a complete code". The view taken by the Supreme Court in the Shahfi Mohammad Case created more confusion on the issue whether the requirement of a certificate under 65B (4) is mandatory or not.

[2] A.K. Gopalan v. Madras, AIR 1950 SC 27.

[4] For instance, Raja Narayanlal Bansilal v. Mistry, AIR 1961 SC 29; RC Mehta v. West Bengal, AIR 1970 SO 940.

[5] Satish v. Sharma, AIR 1954 SC 300; Mohd Dastagir v. Madras, AIR 1960 SC 756.

[6] State of Bombay v. Kathi Kaiu Oghad, AIR 1961 SC 1801.

[8] Mohd. Dastagir v State of Madras, AIR 1960 SC 756.

[11] Information given to the Rajya Sabha by the Minister for Home Affairs, Amrit Bazar Patrika, Calcutta, dated July 22, 1982.

[13] See Baxi, The Crisis of the Indian Legal System 227-28 (1982).

[14] AIR 1979 SC 1360 at 1369, 1377, and 1819. Also Kadra Pahadiya v. Bihar, AIR 1982 SCU 67.

[15] The Rule of Law and Human Rights 29 (1966).

[20] See the statement of the Minister of Home Affairs in Rajya Sabha on July 19, 1982, 123 Rajya Sabha Report 219.

[21] R.V. Kelkar, "Law of Arrest: Problems and Incongruities," 22 JILI 314, 316 (1980). Also D.C. Pandey,-Search for an Action Against Illegal Arrest", ibid, at 328.

[23] Life Behind Bar, Times of India, dated May 23,24 and 25, 1983

[24] Kumkum Chadha, The Indian Jail 9-10 (1983).

[1] M/S Satyam Computer Services vs. Directorate of Enforcement 2018 Writ Petition No 37487 of 2012.

[2] Madan Lal Bhasin, ‘Corporate Accounting Fraud: A Case Study of Satyam Computers Limited’ [2013] OJA 26.

[3] Varottil Umakanth, ‘Evolution and Effectiveness of Independent Directors in Indian Corporate Governance’ Hastings Business Law Journal, Vol. 6, No. 2, p. 281

[4] ArjyaMajumdar, ‘Class action suit – Genesis, Analysis and Comparison’ [2014] HNLUJ 23

[17] (Chapter XVI of the Companies Act, which deals with "Prevention of Oppression and Mismanagement").

[20] The Journal of Consumer Affairs Vol. 5. No.2 (Winter 1971),

pp. 140-153

Published By: Wiley

[21] The Supreme Court Review Vol. 1999 (1999), pp. 337-392

Published by : The University of Chicago Press.

[22] Public Choice

Vol. 41, No. 1 (1983), pp. 145-175

Published by Springer

[23] Harvard Law Review

Vol. 115, No. 3 (Jan., 2002), pp. 831-897 (67 pages)

Published by – Harvard Law Review Association.

[2] An Act to consolidate and amend the law relating to the extradition of fugitive criminals

[4] https://economictimes.indiatimes.com/topic/vijay-mallya-extradition

[5] https://timesofindia.indiatimes.com/world/uk/nirav-modi-extradition-barred-by-legal-issue/articleshow/96975165.cms

[6] https://www.livelaw.in/top-stories/abu-salem-has-to-be-released-after-25-years-of-sentence-as-per-extradition-treaty-with-portugal-supreme-court-203415

[1] By- Jyotsana Agrawal, 5th year, BA LLB, Presidency University, Bangalore, Karnataka

[2] Marilyn warren, ‘Unelected does not equate with Undemocratic: Parliamentary Sovereignty and the Role of the Judiciary’ (2008) 13(2) Deakin Law Review 1,13

[3] Weiden, David L. “Judicial Politicization, Ideology, and Activism at the High Courts of the United States, Canada, and Australia.” Political Research Quarterly, vol. 64, no. 2, 2011, pp. 335–47. JSTOR, http://www.jstor.org/stable/23056395. Accessed 13 Nov. 2023 .

[4] He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other

Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

[1] H. O. Agarwal, “International Law and Human Rights” 15th (Ed.), Central Law Publication, Allahabad, 211002, pp.494-496, 2008

[2] S. C. Srivastava, “Sexual Harassment of Women at Workplace: Law and Policy”, Indian Journal of Industrial Relations, Vol. 39, No. 3, pp. 364-390, 2004.

[3] C. MacKinnon, “Sexual Harassment of Working Women: A Case of Sex Discrimination”, New Haven, Yale University Press, 1979

[4] Section 2(n) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redresal) Act, 2013.

[5] G.S. Venumadhava, M. Tejashwini, “Sexual Harassment of Women at workplace”, International journal of advanced research, Volume 3, Issue 5, pp. 1136-1139, 2015

[6] A. Thomas, “Incidents of Sexual Harassment at Educational Institutions in India: Preventive Measures and Grievances Handling”, International journal of Recent Advances in Multidisciplinary Research, vol.02, Issue 03, pp. 0317-0322, 2015

[7] J. H. Joshi, J. Nachison, “Sexual Harassment in the Workplace How to Recognize; How to Deal It”, CGIAR GENDER PROGRAM, working paper, No. 13, 1996.

[8] M. P. J. Pereira, E. J. Rodrigues, “Sexual Harassment at Workplace in India Medico Legal Aspects”, J Indian Forensic Med, October-December 2014, Vol.306, No. 4, 2014

[1] Bhalla, P. (2014). Mergers & Acquisitions in India: A sectoral analysis. International Journal of Business and Economic Development (IJBED), 2(2).

[2] Sinha, P., & Gupta, S. (2011). Mergers and Acquisitions: A pre-post analysis for the Indian financial services sector.

[3] Kar, R. N., &Soni, A. (2008). Mergers and acquisitions in India: A strategic impact analysis for the corporate enterprises in the post liberalisation period. Indira Gandhi Institute of Development Research.

[4] KUMAR, A. (2015). Merger and Acquisitions in India: Economics of Overseas Deals by Indian Companies. Studies in Humanities and Social Sciences, 13(2).

[5] Stahl, G. K., & Voigt, A. (2008). Do cultural differences matter in mergers and acquisitions? A tentative model and examination. Organization science, 19(1), 160-176.

[6] Mukul. P. (2018). How Walmart’s acquisition of Flipkart may impact the Indian e-tail market. Indian Express. Retrieved from https://indianexpress.com/article/explained /how-walmarts-acquisition-of-flipkart-may-impact-theindian-e-tail-market-5170569/. 10.05.2018

[7] Sarkar, A (2018), ‘Acquisition of Flipkart by Walmart: A Process of Transforming Retail’, Economic and Political Weekly, Vol. 53, No. 26-27, June.

[8] Sarkar, A (2018). Acquisition of Flipkart by Walmart: A Process of Transforming Retail. Economic and Political Weekly, 53, 26-27.

[11] The Foreign Exchange Management Act (FEMA), 1999.

[13] Competition Commission of India (hereinafter, CCI), Order on Combination Registration No. C-2018/05/571 (2018).

[14] Sarkar, A (2018), ‘Acquisition of Flipkart by Walmart: A Process of Transforming Retail’, Economic and Political Weekly, Vol. 53, No. 26-27, June.

[15] Sumit Chakroborty (2017). Flipkart Story a timeline of funding from 2007 to 2017.

[17] Singh, R and M. Kasi, Advertising Strategies of Flipkart and their Effects on Students of BHU, project report, BHU.

[19] Vanitha, S. (2006). Mergers & Acquisitions in the Manufacturing sector: An Evaluation Study. Ph.D. Dissertation, Bharathidasan University, Tiruchirappalli.

[20] https://www.hdfcbank.com/content/bbp/repositories/723fb80a-2dde-42a3-9793-7ae1be57c87f/?path=/Footer/About%20Us/News%20Room/Press%20Release/Content/2023/pdf/Press_Release_HDFC_Ltd_to_merge_into_HDFC_Bank_effective_July_1_2023.pdf.

[21] Devarajappa, S. (2012). Mergers in Indian banks: A study on mergers of HDFC bank ltd and centurion bank of Punjab ltd. International Journal of Marketing, Financial Services & Management Research, 1(9).

[23] Yusuf, A. K. Al-Hroot. (2015). Pre and Post-Merger Impact on Financial Performance: A Case Study of Jordan Ahli bank. European Journal of Business and Management, 7(36).

[25]https://economictimes.indiatimes.com/industry/media/entertainment/sony-comes-to-zees-rescue-signs-term-sheet-for-merger-punit-goenka-to-remain-md-and-ceo-of-merged-entity/articleshow/86415933.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst.

[26] Business Today (2020). Why is SBI's market cap so low compared to HDFC Bank? Check here. Business Today, Jul 17. Accessed online from:https://www.businesstoday.in/industry/banks/story/why-is-sbis-market-cap-so-less-compared-to-hdfc-bank-263324-2020-07-07 Chakravarty, M. (2016). Why the banks are in such a mess? The Mint, March 14.

[27] https://nclt.gov.in/gen_pdf.php?filepath=/Efile_Document/ncltdoc/casedoc/2709138081482022/04/Order-Challenge/04_order-Challange_004_1691750743105139567564d61157a7c97.pdf.

[28] The Economic Times (2022). HDFC Bank reports a healthy balance sheet and showed resilience, says CEO. Check here. The Economic Times, Jun 22. Accessed online from :https://bfsi.economictimes.indiatimes.com/news/banking/hdfc-bank-reports-healthy-balance-sheet-showed-resilience-says-ceo/92385869.

[29] Bandelier, G. N.; Jaffe, J. F.; and Agrawal, A. (2018). Reexamining an anomaly: The post-merger performance of acquiring corporations. 1605–1621 in Journal of Finance, 47(4). S. Agarwal and S. Ramaswamy.

[30] Handbook of mergers and acquisitions, edited by D. Faulkner, S. Teerkangas, and R. Joseph (pp. 40–70). Oxford University Press, Oxford, UK.

[31][31] https://www.icle.in/resource/zee-sony-merger-assessing-the-competition-concerns/.

[32] https://www.bqprime.com/business/sebi-confirms-order-barring-zees-subhash-chandra-punit-goenka-from-company-boards.

[33] M. Shaven and H. G. Brakeman (2018). The importance of organizational restructuring in maximizing the benefits of acquisitions. The Academy of Management Journal, 51(4), 696-722.

[34] https://www.obhanandassociates.com/blog/zee-sony-merger-no-privity-of-contract-no-objections/.

IJLRA	N. Raj Kumar ; Kamble Shivadayal . "Design of Fault Tolerance Parallel FFT’s Using Xilinx 14.5v" Iconic Research And Engineering Journals Volume 5 Issue 8 2022 Page 1-6
IEEE	N. Raj Kumar ; Kamble Shivadayal . "Design of Fault Tolerance Parallel FFT’s Using Xilinx 14.5v" Iconic Research And Engineering Journals, 5(8)

EVIDENTIARY VALUE OF ELECTRONIC EVIDENCE UNDER INDIAN EVIDENCE ACT,1872 BY: YUKTA BAJAJ

HUMANISING CRIMINAL JUSTICE RESPONSE AND PUNISHMENT FOR THE OFFENDER By: Anantha Narayanan B

IMPACT OF FINANCIAL CRIMES ON THE ECONOMY WITH INSTANCE OF PREVENTIVE ACTS BY - NAINCY KUMARI

LEGAL MECHANISM FOR THE ECONOMIC HAVOC CAUSED BY BENAMI TRANSACTIONS BY - SONAL PRIYA

ANALYSIS OF CLASS ACTION LAWSUIT UNDER INDIAN LAWS. BY - Ms. MAARIA LAKDAWALA

RETURN OF FUGITIVE CRIMINALS UNDER INTERNATIONAL LAW -VIS-A-VIS- EXTRADITION ACT 1962 BY - MEDHAVI KISHOR PETHKAR

JUDICIAL APPOINTMENTS IN INDIA, UNITED KINGDOM AND UNITED STATES OF AMERICA: A COMPARATIVE STUDY WITH REFERENCE TO CENTRE AND COLLEGIUM BY - JYOTSANA AGRAWAL

AN EMPIRICAL STUDY ON THE ENFORCEABILITY OF THE MEASURES PRESCRIBED UNDER THE POSH ACT IN INDIA BY: ANNANYA SINGHAL

RECENT MERGERS IN INDIA BY - KHUSHI SINGH

LIMITATION OF AIRSPACE SOVERIGNITY OF STATES IN CONNECTION WITH SPACE ACTIVITY BY - BIBY THOMAS

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