Advocate's Journal - January Issue by Firstread Media

Art of judging must be free of social and political pressure: CJI | 19

Decoding the Significance: Why January 26 was Chosen as India's Republic Day | 21

AI + generative AI | 26

Advocate’s Journal www.advocatesjournal.com

A Quick guide to South Africa’s ICJ case against Israel

Empowering Legal Discourse

JAN 20 24

REFLECTING ON BILKIS BANO'S RESILIENT PURSUIT OF JUSTICE

India: Digital Personal Data Protection Act, 2023

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CONTENTS

Advocate’s Journal

P.19

P.11

India: Digital Personal Data Protection Act, 2023

P.13

SC quashes cheating case against wife for forging husband’s signature on minor’s passport application

P.16

Reflecting on Bilkis Bano's Resilient Pursuit of Justice

P.21

Decoding the Significance: Why January 26 was Chosen as India's Republic Day

P.26

Artificial intelligence + generative AI

Art of judging must be free of social and political pressure: CJI

CONTENTS

P.29 Deepfakes & Online Defamations:

P.32 A Quick guide to South Africa’s ICJ case against Israel

P.34 UN expert says human rights violations rage on in Sudan

Advocate’s Journal

EDITOR’S NOTE Dear Readers, Welcome to the inaugural issue of Advocate’s Journal. As the Editorin-Chief, it is with great pleasure that I introduce you to a publication crafted with a passion for the law, a commitment to excellence, and an unwavering dedication to keeping you at the forefront of the legal discourse.

NEHA KUNDU EDITOR-IN-CHIEF editor.advocatesjournal@gmail.com

In curating this inaugural edition, our mission was clear: to provide a platform that not only informs but inspires, a magazine that serves as a beacon for legal professionals and a guide for those navigating the intricate pathways of the legal world. In these pages, you will find a collection of thought-provoking articles, insightful analyses, and stories that illuminate the diverse facets of the legal profession. Our contributors, comprising seasoned legal experts and emerging voices alike, have come together to offer perspectives that reflect the dynamism and depth of our shared field. As we embark on this journey with you, we are mindful of the challenges and opportunities that define the contemporary legal landscape.

Our commitment is to present content that not only reflects the present realities but also anticipates the future trends that will shape the legal profession. To our contributors, thank you for entrusting us with your expertise. Your dedication to advancing legal discourse is the driving force behind ADVOCATE’S JOURNAL. To our readers, we extend our deepest gratitude. Your engagement and support fuel our passion to continue delivering content that informs, challenges, and resonates with the legal community. This is just the beginning. With each passing issue, we aspire to evolve, adapt, and meet the evolving needs of our readership. Your feedback is invaluable, and we invite you to be an active part of this ongoing conversation. Thank you for making ADVOCATE’S JOURNAL a part of your legal journey. Here's to a future filled with discovery, growth, and the pursuit of legal excellence.

CONTRIBUTORS:: Deepak Malik

Gaurav Kundu

Jasmin Sokhi

Surbhi Arora

Advocate, Delhi High Court

Advocate, Punjab & Haryana HC grvkundu@gmail.com

Associate, DSK Legal

Advocate, Delhi High Court

jasminsokhi33@gmail.com

surbhi0296@gmail.com

adv.deepakmalik@gmail.com

LEGAL UPDATES AND CASE SUMMARIES DHFL scam: Supreme Court cancels default bail granted to Kapil and Dheeraj Wadhawan Case Title: CBI v. Kapil Wadhawan & Another The Supreme Court overturned a Delhi High Court order that had granted default bail to former promoters of Dewan Housing Finance Limited (DHFL), Kapil Wadhawan and his brother Dheeraj Wadhawan, in connection with a multi-crore bank loan scam case. The Supreme Court Bench, comprising Justices Bela M Trivedi and Pankaj Mithal, ruled that the chargesheet against the accused was filed within the stipulated time, and the relevant trial court had taken cognizance of the charges in a timely manner. Therefore, the Wadhawan brothers were not entitled to statutory bail as a right.

The court set aside the orders of the trial court and the Delhi High Court granting them default or statutory bail and directed a fresh hearing on regular bail. The accused were arrested by the Central Bureau of Investigation (CBI) in July 2022, alleging their involvement in a ₹34,615-crore bank fraud case. The chargesheet was filed in October 2022, and further investigation is ongoing. The Wadhawan brothers had sought bail, arguing that the investigation was incomplete even after 60 days of their arrest,

making them eligible for statutory bail under Section 167 of the Code of Criminal Procedure (CrPC). The trial court initially rejected their bail plea, but a Delhi trial court granted them default bail because the chargesheet filed by the CBI was incomplete.

Delhi High Court: PepsiCo wins appeal against Indian attempt to remove Potato Patent The Delhi High Court has effectively quashed a decision that removed PepsiCo Inc’s (PEP.O) patent for the potato variety used to make its popular Lay’s potato chips. India’s Protection of Plant Varieties and Farmers’ Rights (PPVFR) Authority in 2021 revoked the intellectual protection for the U.S. snacks and drinks maker’s FC5 potato variety, saying Indian rules did not allow seed varieties to be patented. PepsiCo petitioned the Delhi High Court against the decision, but in July 2023 judge Navin Chawla dismissed its appeal. The company then appealed to the same court to reverse that decision.

06 JANUARY 2024

In 2019, PepsiCo sued some Indian farmers for cultivating the FC5 potato variety, accusing growers of infringing its patent. Within months, PepsiCo withdrew the lawsuits against farmers.

In a judgement dated Jan. 9, Delhi High Court judges Yashwant Varma and Dharmesh Sharma reversed the July 2023 ruling. “We remain dedicated and will continue to work along with the farming communities ensuring their benefit and overall progress,” a PepsiCo India spokesperson said in an emailed statement.

PepsiCo claimed it exclusively developed the FC5 variety and registered it in 2016. The FC5 variety has a lower moisture content required to make snacks such as potato chips. PepsiCo is not the only U.S. company to have faced patent infringement issues in India. After a long-standing intellectual property dispute, seed maker Monsanto, now owned by German drugmaker Bayer AG, withdrew from some businesses in India.

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Bilkis Bano gangrape: Supreme Court quashes Gujarat government's decision to allow premature release of convicts Case Title: Bilkis Yakub Rasool v. Union of India and Others A division bench of Justices BV Nagarathna and Ujjal Bhuyan quashed the Gujarat government's decision to allow the premature release of eleven men convicted in the Bilkis Bano gangrape case. The Court held that the convicts who were set free by the State have to report back to the jail authorities within two weeks. It said that the Gujarat government was not empowered to pass the remission order since the appropriate government entitled to pass orders of remission was the government of the State where the trial had taken place, which in this case was Maharashtra and not Gujarat. The Court in its judgment also strongly came down upon one of the convicts, Radhyesham, for playing fraud upon the Court by suppressing material facts and getting a favourable order from the top court in May 2022, which had eventually led to the release of all the eleven convicts. The Court said that the May 2022 judgment was obtained by fraud and therefore, not good in law.

Adani-Hindenburg row: The Supreme Court has stated that there is no regulatory failure by SEBI, emphasizing that reliance on unverified press reports cannot stand. Case Title: Vishal Tiwari v. Union of India and Others In this case, a three-judge bench of Chief Justice of India (CJI) DY Chandrachud, Justices JB Pardiwala and Manoj Misra refused to issue any directions or interfere with the jurisdiction of the Securities and Exchange Board of India (SEBI) in a batch of petitions seeking a probe by an alternative agency into allegations of fraud against Adani Group of companies in the Hindenburg Research report. The Court said that the scope of power of the Supreme Court to enter into the regulatory domain of SEBI in framing delegated legislation is limited and that the scope of judicial review is only to see whether any fundamental right has been violated. The Court said that in the present case, there was no regulatory failure by SEBI and the market regulator cannot be expected to carry on its functions based on press reports though such reports can act as inputs for SEBI.

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JANUARY 2024

LEGAL UPDATES AND CASE SUMMARIES The Supreme Court asserted that if an appellate court finds that a different view is possible from the one taken by the trial court, it should give the benefit of doubt to the accused. Case Title: Jitendra Kumar Mishra @ Jittu v. State of Madhya Pradesh In this case, a division bench of Justices Abhay S Oka and Pankaj Mithal observed that an appellate court should give the benefit of doubt to the accused persons if the evidence indicates the prosecution has failed to prove guilt beyond reasonable doubt and if a view different from the one expressed by the courts below can be taken. The Court was hearing the appeals filed by four persons who were convicted to life imprisonment for murder by a fast-track court in Jabalpur.

The High Court affirmed the conviction and sentence. While the appeal was pending, one of the appellants passed away. Reversing the concurrent findings of guilt entered by the trial court and the High Court against three persons in a 2007 murder case, the top court observed, “We are conscious of the fact that the appellate court should be slow in interfering with the conviction recorded by the courts below but where the evidence on record

indicates the prosecution has failed to prove the guilt of the accused beyond reasonable doubt and that a plausible view, different from the one expressed by the courts below can be taken, the appellate court should not shy away in giving the benefit of doubt to the accused persons."

The Supreme Court reviews whiskey bottles during the hearing of a trademark infringement case filed by Blenders Pride against London Pride. Case Title: Pernod Ricard India Pvt Ltd and Another v. Karanveer Singh Chhabra The Supreme Court issued a notice in response to a plea filed by Pernod Ricard India, the owner of the Blenders Pride whisky brand. The plea alleges trademark infringement by JK Enterprises, an Indore-based company that produces beverages under the ‘London Pride’ mark [Pernod Ricard India Pvt Ltd and anr vs Karanveer Singh Chhabra]. During the hearing, Senior Advocate Mukul Rohatgi, representing Pernod Ricard, engaged in an interesting exchange with the bench consisting of Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra. Rohatgi handed over empty whiskey bottles from both companies to the bench and requested them to examine the packaging and labels.

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The Supreme Court ordered, “Issue notice on the prayer for stay as well as on the Special Leave Petition returnable on 19 January 2023. Dasti service, in addition, is permitted.”

At the beginning of the hearing, Rohatgi sought permission to bring the bottles into the courtroom, which the bench granted, recognizing the involvement of the trade dress issue. Responding to the CJI’s inquiry about whether the bottles had been presented in the lower courts, Rohatgi affirmed and pointed out that even the size of the bottles was identical, potentially misleading customers.

As the hearing concluded, Rohatgi humorously mentioned, “Now I would like to take the bottles back,” to which the CJI laughed and granted permission. The appeal to the apex court stemmed from a Madhya Pradesh High Court order on November 3, 2023, which had dismissed Pernod Ricard India’s petition to stop the sale of London Pride whisky. This incident marks the second instance in the recent past where liquor bottles were introduced as evidence in the Supreme Court due to intellectual property rights claims filed by Pernod Ricard.

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"Order sends wrong signals": Supreme Court on Calcutta High Court order asking adolescent girls to control sexual urges Case Title: In Re: Right to Privacy of Adolescent The division bench of Justices Abhay S Oka and Ujjal Bhuyan remarked that the Calcutta High Court order which called for adolescent girls to "control" their sexual urges sends wrong signals. The Court also briefly raised concerns about the manner in which judges were invoking their inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) in making such observations.

Supreme Court in AMU case: Right to establish minority educational institutes not meant to ghettoise minorities Case Title: Aligarh Muslim Uni. Through its Registrar Faizan Mustafa v Naresh Agarwal & Ors. The Constitution Bench of Chief Justice of India (CJI) DY Chandrachud and Justices Sanjiv Khanna, Surya Kant, JB Pardiwala, Dipankar Datta, Manoj Misra and Satish Chandra Sharma made it clear that the right of minorities to establish and administer educational institutes under Article 30 of the Constitution is not meant to ghettoise any religious community. The Court noted that it is permissible for such institutes to admit students from other religious communities too.

Supreme Court: Insurance policy effective from date of issuance, not from date of proposal or date of issuance of receipt. Case Title: Reliance Life Insurance Company Limited v. Jaya Wadhwani The division bench of Justices Vikram Nath and Rajesh Bindal held that the insurance policy issuance date would be the relevant date for all purposes. The issue before the Court was what would be the date from which the policy becomes effective; whether it would be the date on which the policy is issued or the date of the commencement mentioned in the policy, or if it would be the date of the issuance of the deposit receipt or cover note. "We do not find any such issue of backdating but the date of issuance of the policy would be the relevant date for all the purposes and not the date of proposal or the date of issuance of the receipt," the Court observed while rejecting the view taken by the consumer forums that the date of issuance of the initial deposit receipt of premium is the date of commencement of the policy.

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JANUARY 2024

LEGAL UPDATES AND CASE SUMMARIES Supreme Court: A Suit cannot be decreed merely on the defendant's failure to file a written statement if plaintiff's case not proved Case Title: Asma Latif and Another v. Shabbir Ahmed & Ors. A three-judge bench of Justices BR Gavai, Dipankar Datta and Aravind Kumar held that a Court cannot pronounce judgment in a suit merely on the default of the defendant to file a written statement if the plaintiff does not prove his case. The Court observed that the failure on the part of the defendant to file the written statement within the time permitted by the court would not be enough to pronounce the judgment against the defendant when it is incumbent upon the plaintiff to prove the case by adducing evidence. It explained that Order 8 Rule 10 of the Code of Civil Procedure, 1908 provided two alternatives - either to pronounce judgment against the defendant defaulting to file the written statement or to pass such other order as deemed fit. The first alternative (passing judgment) is not always mandatory.

The top court observed that the above rule is permissive, granting two options to the court, and if in every case a judgment is pronounced against a person in response to non-submission of the written statement then it would render the second part of Rule 10 otiose.

Supreme Court: Buyer not complying with timeline for payment cannot seek specific performance of agreement to sell Case Title: Alagammal and Others v. Ganesan and Another A division bench of Justices Vikram Nath and Ahsanuddin Amanullah held that when a contract stipulates a specific time frame within which the consideration needs to be paid by the buyer to execute the 'agreement of sale' by the seller, then the buyer must strictly adhere to such condition. Otherwise, the buyer can not avail of the remedy of specific performance of the sale deed. The Court observed that within six months, there existed an onus to pay the entire balance of consideration by the buyer.

JANUARY 2024

However, in this case, the buyers had not even offered to pay the remaining amount before the expiry of the six months.The obvious import would be that the respondents (buyers) had not complied with their obligation under the agreement, the Court opined.

The Court rejected the buyers' contention that the time indicated for the completion of the transaction by execution of the sale deed had been relaxed. The Court further noted that there had been no willingness shown by them to pay the remaining amount or get the sale deed ascribed on the necessary stamp paper.

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CHANGES IN LEGISLATION

INDIA: DIGITAL PERSONAL DATA PROTECTION ACT, 2023 SCOPE AND APPLICATION INTRODUCTION

SCOPE

India officially implemented the Act on August 11, 2023, marking the culmination of the fifth version of the proposed personal data protection legislation. The Act closely aligns with the draft Bill published by the Ministry of Electronics and Information Technology on November 18, 2022, titled Digital Personal Data Protection Bill, 2022, which underwent public consultations. Upon full enforcement, the Act will supersede Section 43A of the Information Technology Act, 2000 (IT Act), and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011 (SPDI Rules).

The Act aims to establish a framework for the lawful processing of digital personal data, prioritizing the protection of individuals' rights related to their data. It introduces the concept of a fiduciary relationship between data subjects (individuals to whom the data pertains) and data controllers (entities determining the purpose and method of data processing), labeling them as data principals and data fiduciaries, respectively.

The Act is designed to be implemented gradually, with the Central Government initiating its provisions and continually issuing rules under the Act over time.

The origin of the DPDP Act can be linked to the 2017 landmark decision of the Supreme Court of India in the case of Justice K.S. Puttaswamy & Ors. v. Union of India & Ors,[1]. This ruling recognized the right to privacy as an integral component of the right to life and personal liberty under Article 21 of the Constitution of India, establishing it as a fundamental right. The court underscored the necessity for the government to enact a comprehensive personal data protection law to safeguard individuals' privacy rights.

APPLICATION No Sub-Categories of Personal Data: The Act specifically addresses digital personal data and does not encompass non-personal data. It pertains to the processing of 'personal data,' whether collected digitally or initially in physical form and later digitized. The definition of personal data includes all identifiable information about an individual but does not introduce sub-categories like sensitive personal data or critical personal data. This is a departure from the previous data protection regulations under the IT Act and SPDI Rules, which recognized sensitive personal data, imposing additional compliance measures. Extraterritorial Applicability: The Act extends its reach beyond the borders of India to include the processing of digital personal data abroad, especially when offering goods or services to data principals within India. Compliance with the Act is required even if the data fiduciary operates from outside India, engaging with data principals in the country. Notably, the Act doesn't necessitate a systematic or habitual engagement, meaning even occasional collection and processing of data from Indian data principals by foreign businesses may trigger compliance.

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Exclusions: The Act excludes the processing of anonymised data, personal data processing by individuals for personal or domestic purposes, and the processing of personal data made publicly available by the data principal or any other person under legal obligation. Exemptions to State and Certain Data Fiduciaries: State instrumentalities, subject to government notifications considering factors like sovereignty and integrity, security, and public order, are exempt from the Act's applicability. Additionally, the government holds the authority to grant exemptions to specific classes of data fiduciaries, including startups, from certain notice, accuracy, and erasure requirements.

CONSENT AND LEGITIMATE USES Basis for Processing Personal Data The processing of a data principal's personal data must strictly adhere to the Act's provisions and be founded on either: Consent: The data principal's explicit agreement to process their personal data for a lawful purpose. Legitimate Uses: Specific grounds recognized under the Act that allow the processing of personal data without requiring the explicit consent of the data principal. In essence, while the Act places significant emphasis on obtaining the data principal's consent for processing their personal data, it also outlines particular legitimate reasons that justify processing without explicit consent.

Consent Guidelines under the Act: Ensuring Precision and Compliance When relying on consent as the foundation for processing personal data, it is imperative to meet specific criteria as outlined by the Act. The consent must be: Free and Unambiguous: Given voluntarily without coercion, ensuring a clear and unequivocal expression of agreement. Specific and Informed: Clearly and precisely articulating the purpose for which personal data will be processed, with the data principal having full awareness. Unconditional and Affirmative: Without any conditions that compromise its validity, requiring an active, affirmative action from the data principal. Limited and Necessary: Restricted to the personal data essential for the specified purpose, emphasizing data minimization.

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Effective Communication: Transparency

Consent Clarity and

When seeking consent, data fiduciaries must accompany or precede it with a clear and straightforward 'notice' to the data principal. This notice, presented in plain language, should encompass: Categories of Personal Data: Clearly delineate the types of personal data undergoing processing. Purpose of Processing: Explicitly state the intended purpose for which personal data is being processed. Withdrawal Process: Outline the procedure for data principals to exercise their right to withdraw consent and seek grievance redressal. Complaint Filing Process: Specify the process for data principals to file a complaint with the Data Protection Board of India. To ensure accessibility, data principals should be provided the option to access the notice content in English or any language specified in the 8th Schedule to the Constitution of India. For consents obtained before the Act's commencement, data fiduciaries are obligated to furnish a similar notice promptly. Processing can continue until the data principal withdraws consent, safeguarding consents obtained pre-Act enforcement. The Act prioritizes transparency and empowerment in data processing practices.

Empowering Data Principals: Withdrawal of Consent Data fiduciaries must afford data principals the unequivocal right to withdraw their consent for personal data processing at any time. The withdrawal process should mirror the ease of granting consent, ensuring a straightforward experience for the data principal. Upon withdrawal, the data fiduciary, and its data processor, if applicable, must promptly cease processing the data principal's personal data. Exceptions include situations where retention is mandated by legal obligations.

Special Considerations Children and Persons Disabilities

for with

For data principals below 18 years or persons with disabilities, the data fiduciary must secure verifiable consent from the parent or legal guardian for personal data processing. The specific process for obtaining such verifiable consent is expected to be outlined in rules notified by the Government of India.

Legitimate Uses: Privacy and Utility

Balancing

The Act introduces 'legitimate uses' as a foundation for processing personal data without explicit consent in certain defined scenarios. These include: Voluntary Sharing: Processing personal data voluntarily shared by the data principal without objection. Employment-Related Processing: For employment-related purposes, ensuring employer protection from loss or liability. Medical Emergencies: Responding to medical emergencies that warrant personal data processing. Legal Compliance: Processing necessary for law enforcement, state-provided services, compliance with judgments, and more. This nuanced approach balances privacy protection and the practical necessities of data processing, underscoring the Act's commitment to responsible and ethical data handling practices.

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CURRENT LEGAL ISSUES

SC QUASHES CHEATING CASE AGAINST WIFE FOR FORGING HUSBAND’S SIGNATURE ON MINOR’S PASSPORT APPLICATION; IMPOSES 1 LAKH COSTS ON HUSBAND "When there is a lack of additional evidence in further investigations to support the findings of the investigating officer in the supplementary report, a Judicial Magistrate is not obligated to take cognizance. Such a report lacks investigative rigor and does not meet the requirements of Section 173(8) of the CrPC."

In an appeal challenging the decision of the Karnataka High Court, where the Trial Court's order denying the accused persons' application for discharge under Section 239 of the Code of Criminal Procedure, 1973 (CrPC), seeking discharge from the case under Sections 468, 471, 420, 120-B and 201 read with Section 34 of the IPC and Section 12(b) of the Passports Act, 1967, was upheld, the Division Bench comprising Justices Surya Kant and Dipankar Datta quashed the contested First Information Report (FIR) and overturned the rulings of the Trial Court and the High Court. Background: The husband (Respondent) and wife (Accused 1) entered into matrimony in 2007. At the time, the husband was residing in the United Kingdom and had assured his wife that they would establish their residence together in London. Subsequently, the wife asserted that the husband had abandoned both her and their son. In response, the wife filed a First Information Report (FIR) against the husband and his family members, accusing them of offences under Section 346, 498-A, and 506, read in conjunction with Section 34 of the Indian Penal Code, 1860 (‘IPC’).

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Additionally, she contended that the husband had absconded with the minor child's passport and jewellery items, falsely claiming it was for their journey to the UK. Additionally, the husband had filed a First Information Report (FIR) against the wife, accusing her of forging his signature on the child’s passport application. According to his complaint, she had submitted the forged application to the Regional Passport Office in Bengaluru while he was residing in the UK. Consequently, the wife and her father faced charges under Sections 420, 468, and 471, read with Section 34 of the Indian Penal Code. Upon concluding the investigation, the investigating agency proceeded to file a chargesheet against the wife, her father, and a travel agent. The charges were framed under Section 420, read with Section 34 of the Indian Penal Code. The Trial Court rejected the wife's plea for discharge under Section 239 of the CrPC. Simultaneously, the Trial Court granted the husband's request for further investigation into the offenses under Section 468 and 471 of the IPC.

Subsequently, a supplementary chargesheet was filed, introducing charges under Sections 468, 471, 420, 120-B, and 201, read with Section 34 of the IPC, along with Section 12(b) of the Passports Act, 1967. An analysis conducted by a private laboratory revealed a disparity between the signature in question and the husband's specimen signature. The High Court also upheld the Trial Court's decision, dismissing the challenges raised by the wife and other accused individuals against the impugned Order. (i) The pivotal question: Does the wife's conduct prima facie amount to the offense of cheating as per Section 420 of the IPC? The Court emphasized a fundamental principle: not every deceptive act is necessarily illegal, and conversely, not every illegal act involves deceit. To invoke Section 420 of the IPC, the prosecution must establish not only that the accused engaged in fraudulent conduct but also that this deceitful behavior dishonestly persuaded the victim to part with their property.

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CURRENT LEGAL ISSUES

The Court delineated three essential elements constituting the offense of cheating: deceiving an individual; dishonestly inducing that person to transfer property to another; and the presence of mens rea or dishonest intent on the part of the accused during the inducement.

Consequently, the Court held that as there was no loss, damage, or injury inflicted upon the husband due to the minor child obtaining a passport, the crucial elements of 'deceit' and 'damage or injury,' necessary for establishing the offence of cheating, were absent in this case.

The Court observed that the issuance of a passport to the minor child did not confer any advantage upon the wife or her father, and it did not result in any harm or loss to the husband. Furthermore, the act of forging signatures on the passport application did not constitute inducement leading to the husband parting with any property. The Court clarified that, concerning the issuance of a passport to his son, the biological father and natural guardian hold a significant position.

The Court deliberated on whether the wife, as the mother and natural guardian, could be accused of acting 'dishonestly' when applying for the passport of her minor child. It emphasised that the grant of a passport to the minor child was a statutory right meant to facilitate his travel to London along with his mother to stay with his father, and it was obtained based on his instructions. The Court highlighted the absence of any allegation that obtaining the passport was detrimental to the child's well-being.

JANUARY 2024

Consequently, the Court concluded that the husband failed to establish the elements of 'cheating,' and therefore, the accusation against the wife for the offence under Section 420 of the IPC lacked merit. Regarding the question of a prima facie case for forgery under Sections 468 and 471 of the IPC, the Court noted that forgery and cheating offences intersect, as forgery is committed with the intent to deceive or cheat. The Court emphasized that the wife had no dishonest intention in applying for the child's passport. It further stated that, since the primary ingredient of dishonest intention was not established, the offence of forgery also could not be sustained.

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The Court scrutinized the procedural irregularities overlooked by the Trial Court, particularly in the context of "further investigation" under Section 173(8) of the CrPC. It emphasized that this provision mandates the investigating officer to obtain new evidence, either oral or documentary, during further investigation and forward a supplementary report with such evidence. In this case, the Court observed that no new material was discovered during the further investigation, and the reliance on a lab report, already available during the original chargesheet, was unjustified. The Court stressed that in the absence of fresh evidence supporting the conclusions drawn in the supplementary report, a Judicial Magistrate is not obligated to take cognizance, as such a report lacks investigative rigor and fails to meet the requisites of Section 173(8) of the CrPC.

Furthermore, the Court criticised the reliance on a paid report from a private laboratory, deeming it unreliable and imprudent without corroborative proof. It noted that both the Trial Court and the High Court failed to consider the marital dispute's origin, emphasising that the Trial Magistrate should have exercised prudence in discerning the actual 'victim' or 'victimiser.' The Court deemed the failure to do so fallible and atrocious given the circumstances of the matter.

Consequently, the Court set aside both the High Court and Trial Court judgments, along with quashing the FIR against the wife and others. Moreover, the Court imposed a cost of 1 Lakh on the husband, directing him to make the payment to the wife within six weeks. This decision reflected the Court's stance on the inadequacy of the charges brought forth and sought to rectify the procedural irregularities overlooked by the lower courts.

In conclusion, the Court determined that the ongoing criminal proceedings against the wife and other accused individuals amounted to an abuse of the legal process due to the absence of essential elements of 'cheating' and 'forgery.'

Advocate’s Journal

CALL FOR CONTRIBUTIONS February Edition Are you interested in being featured in the next edition of our digital/print magazine? Submit your articles, research write-ups, latest case briefs, etc to our editorial team. For more info:editor.advocatesjournal@gmail.com 91-7053999772

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25 February 2024 DEADLINE

JANUARY 2024

CURRENT LEGAL ISSUES

REFLECTING ON BILKIS BANO'S RESILIENT PURSUIT OF JUSTICE BILKIS BANO'S JOURNEY EPITOMIZES RESILIENCE AND COURAGE IN THE FACE OF IMMENSE ADVERSITY. The horrific 2002 Gujarat riots marked a dark chapter in Indian history, with Bilkis Bano enduring unspeakable atrocities. As a survivor of brutal violence, she not only sought personal justice but became a symbol of the larger struggle for accountability and human rights. On January 8, the Supreme Court of India delivered a landmark ruling in the case of Bilkis Bano, a survivor of the 2002 Gujarat riots. The ruling quashed the remission granted to 11 convicts, highlighting the court's commitment to upholding the integrity of the legal process. While the decision has garnered applause, it also prompts a reflection on the justice system's effectiveness, especially for individuals with multiple subordinating identities.

The Symbolism of Bilkis Bano Case A Symbol of Resilience For many years, her situation has been a symbol of strength and a representation of the larger fight for justice for those who have experienced sexual and communal violence. This case also highlights the various aspects that make up Ms. Bano's identity; being a Muslim woman in a society with biases against religious minorities and women and how this influences her access to justice. Common Populace’s Desire for a Strong Justice System The SC's decision to reject the reduction of the sentence of the convicted not only supports the fairness of the legal process but also emphasises the importance of consistently and impartially applying the law, regardless of the social and political situation. The positive response to the verdict shows that people collectively desire a justice system that stands firm against impunity. Highlights the Shortcomings of the Justice System: While the ruling brings hope to the justice system, it also leads to a deep consideration of its shortcomings for individuals with multiple marginalised identities, especially when the state supports such crimes.

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The Interplay of Justice and Intersectionality in Bano’s Case Intersectionality in the Legal Context The legal system often addresses cases based on singular characteristics, such as gender or crime type, potentially overlooking the intersectional dimensions of an individual's identity. Bano's (being a survivor of sexual violence) case prompts an exploration of how her experiences intersect with other facets of her identity, such as religion, socioeconomic status, and regional background. Religious and Cultural Dynamics Considering Ms. Bano's association with a particular religious community, the case may have been influenced by the intersection of religious dynamics and legal proceedings. Therefore, understanding how religious and cultural factors intersect with the pursuit of justice becomes imperative in comprehending the nuances of her experience within the legal system.

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Some Other Issues Highlighted During Bilkis Bano Case The Failure of Indian Prison System Lack of Remorse and Celebratory Release Despite spending approximately 15 years behind bars, the released convicts in Ms. Bano's case displayed a shocking absence of remorse. Their jubilant reception, marked by garlanding and sweets from supporters and relatives, presented a disconcerting spectacle akin to celebrating returning heroes rather than individuals who had served time for a heinous crime. This celebratory release not only contradicts the intended purpose of incarceration, which is rehabilitation but also highlights a profound disconnect between the legal system's ideals and the stark reality of the convicts' mindset upon release. Systemic Failure to Instigate Genuine Rehabilitation The SC's reliance on Plato's curative theory of punishment seems misplaced when the prison system falls short of providing an environment conducive to genuine rehabilitation. The lack of essential resources and rehabilitation programs within Indian prisons undermines the prospects of personal evolution during incarceration. Bano's case becomes emblematic of this failure, as the convicted individuals, upon release, are unlikely to exhibit any meaningful transformation, raising questions about the efficacy of imprisonment in fostering positive change. Glaring Gap between Legal Theory and Prison Realities While the court's judgement may have invoked the principles of preventive punishment and reformation, the prison system often functions as a mere holding cell, lacking the necessary infrastructure and initiatives for effective rehabilitation. The discord between legal ideals and the operational shortcomings of the prison system brings into question the viability of imprisonment as a mechanism for societal betterment and individual reformation. Lingering Trauma and Absence of Personal Evolution Bano's experience exemplifies the flaw in the system; the convicted individuals, even after serving their sentence, remain unreformed, leaving the survivor to grapple with a lingering sense of trauma. The brief impact of the judgment highlights the systemic failure to deliver permanent justice or sustainable relief for survivors, as the released convicts are illprepared to reintegrate into society as responsible citizens. Broader Issues Associated with Indian Criminal Justice System for Rape Survivors Patriarchy in the Criminal Justice System

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The criminal legal system, starting from police encounters to interactions with medical officers and the judiciary, is deeply entrenched with patriarchy. This patriarchal influence contributes to survivors' reluctance to report cases, as the system often dismisses complaints and survivors have to go through insensitive questioning, exacerbating their trauma. Hostile Environment during Rape Trials The rape trial in Indian criminal justice system has been termed as pornographic, emphasising the retraumatising nature of the questions survivors endure.

Questions like Why were you out so late? or Why were you alone? perpetuate victimblaming, insinuating that the survivor's actions somehow warranted the heinous crime against them. The questions survivors face during the legal process serve to gaslight them, implying that their choices or behaviour justified the crime committed against them. This culture of victimblaming further erodes trust in the criminal justice system, discouraging survivors from seeking legal remedies and perpetuating a cycle of silence.

JANUARY 2024

CURRENT LEGAL ISSUES

The Concept of Carceral Feminism and Its Drawback The Concept of Carceral Feminism Coined by Elizabeth Bernstein, carceral feminism explores the complexities of feminist advocacy within a punitive state. It raises questions about the potential alliance between feminism and the state, acknowledging the state's dual role as a potential ally of patriarchy and a depriver of liberties. Drawback: Carceral Feminists’ Misplaced Demands In the context of India, feminist movements often call for stricter penalties under the law as a means to combat sexual violence. However, this approach overlooks the deep-rooted mistrust in the criminal justice system, which is entwined with pervasive patriarchy at every level. Carceral feminism's reliance on legal reforms and stricter penalties as a primary solution overlooks the deeper structural issues within the criminal justice system.

JANUARY 2024

Mere legal changes may not address the pervasive patriarchal attitudes that permeate every stage of the legal process. Way Forward: Need for Holistic, Victim-Centred Approach Recognising the limitations of carceral feminism, there is a growing need for a more victimcentred approach that goes beyond punitive measures. Fostering a culture of empathy, understanding, and genuine rehabilitation for survivors should be prioritised over a singular focus on legal remedies. Striving for justice should involve hearing survivors' voices, acknowledging their pain, and validating their quest for justice in addition to relying on the legal system.

Conclusion The inadequacy of prisons and the pitfalls of carceral feminism underscore the urgent need for a more nuanced approach to justice. The celebration of Ms. Bano's triumph should serve as a catalyst for systemic changes, fostering a society where survivors are supported, and justice is comprehensive, dignified, and safeguarded against the limitations of punitive measures. The quest for justice must extend beyond legal avenues, promoting a culture of understanding, empathy, and genuine rehabilitation for a more just and compassionate society.

Source:: vajiramias.com

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ART OF JUDGING MUST BE FREE OF SOCIAL AND POLITICAL PRESSURE: CJI Chief Justice of India D Y Chandrachud in his speech to mark the commencement of the diamond jubilee year of the Supreme Court said “an independent judiciary does not merely mean the insulation of the institution from the executive and the legislature branches but also the independence of individual judges in the performance of their roles as judges. Chief Justice of India (CJI) D Y Chandrachud has said the “adjournment culture” should give way to a “culture of professionalism” in court. He was speaking as part of the ceremonial bench that sat on Sunday to mark 75 years of the Supreme Court. “First, we must emerge out of the adjournment culture to a culture of professionalism. Second, we have to ensure that the length of oral arguments does not interminably delay judicial outcomes. Third, the legal profession must provide a level playing field for first-generation lawyers — men, women, and others from marginalised segments who have the will to work and the potential to succeed. And fourth, let us begin the conversation on long vacations and whether alternatives such as flexitime for lawyers and judges are possible,” he said. The CJI also said that the present constitutional safeguards did not suffice to maintain the independence of the judiciary. “The Constitution entrenches several institutional safeguards for an independent judiciary such as a fixed retirement age and a bar against the alteration of the salary of judges after their appointment.

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JANUARY 2024

CURRENT LEGAL ISSUES

However, these constitutional safeguards are not in themselves sufficient to ensure an independent judiciary.” He explained that an independent judiciary meant one that was insulated from the executive and legislative branches, while also having judges free of human bias. The CJI said the Supreme Court was soon going to migrate its digital data to a safe, secure, and sovereign cloud, in what would be a shot in the arm for the information technology set-up of the court. “Cloud storage would ensure privacy, integrity, high availability, and secure accessibility of Supreme Court’s domain data,” he said. “We are also on the verge of opening a war room equipped with technology that would enable the Supreme Court to monitor judicial data of the entire country in real-time by using the National Judicial Data Grid (a database) and iJuris,

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both of which are informationsharing platforms for the district judiciary. iJuris has been launched by the Supreme Court to monitor statistics of vacancies and infrastructure relating to the district judiciary,” he added. The CJI also talked about how the legal profession was traditionally a domain of elite men. “Times have changed. Women, traditionally underrepresented in the profession, now constitute 36.3 per cent of the working strength of the district judiciary. In the recruitment examination for junior civil judges conducted in several states, namely Andhra Pradesh, Arunachal Pradesh, Chhattisgarh, Delhi, Himachal Pradesh, Karnataka, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Sikkim, Uttar Pradesh, and Uttarakhand, more than 50 per cent of the selected candidates were women.

In the Supreme Court of India, we hire law clerks-cum-research associates to assist the judges, out of which 41 per cent candidates are women this year,” he said. Chief Justice Chandrachud pointed out that prior to 2024 only 12 women were designated as “senior advocates” in the history of the Supreme Court over the last 74 years. “Last week, the Supreme Court designated 11 women coming from different parts of the country as senior advocates at one selection. Our legitimacy will endure from the inclusion of diverse sections of the population in our system. Therefore, we need to make more efforts to bring different sections of the society into the legal profession. For instance, the representation of Scheduled Castes and Scheduled Tribes is quite low both at the Bar as well as on the Bench,” he said.

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KNOW THE LAW

DECODING THE SIGNIFICANCE: WHY JANUARY 26 WAS CHOSEN AS INDIA'S REPUBLIC DAY

India's Republic Day, celebrated on January 26 every year, holds immense historical and constitutional significance. This chosen date marks the day when the Constitution of India came into effect in 1950, transforming the nation into a sovereign, socialist, secular, and democratic republic. Understanding the reasons behind selecting January 26 sheds light on the deep-rooted values and aspirations embedded in the Indian legal and constitutional framework. Historical Context: To comprehend the choice of January 26, we must revisit the historical context of India's struggle for independence. The Indian National Congress, under the leadership of Mahatma Gandhi, officially declared its resolve for Purna Swaraj, or complete independence, on December 31, 1929. This declaration was made during the Lahore Session of the Congress, which took place at the banks of the Ravi river. The symbolism behind choosing December 31 for the declaration was to coincide with the anniversary of the Jallianwala Bagh massacre (April 13, 1919) and to mark a solemn protest against British colonial rule. However, the actual attainment of independence occurred on August 15, 1947, following years of non-violent resistance and negotiations.

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JANUARY 2024

KNOW THE LAW Constitutional Journey: Post-independence, the Constituent Assembly of India, chaired by Dr. B.R. Ambedkar, took on the monumental task of drafting the country's constitution. After nearly three years of deliberation and debate, the Constituent Assembly adopted the Constitution of India on January 26, 1950. This momentous occasion not only symbolized the birth of the Republic but also signified the culmination of the aspirations and dreams of a free and democratic India. Symbolism of January 26: Several factors contribute to the symbolism associated with January 26 as Republic Day: Historical Significance: By choosing the same date as the declaration of Purna Swaraj, the framers of the Constitution paid homage to the early visionaries of Indian independence. It reflected a continuity of the struggle for freedom into the establishment of a constitutional and democratic nation. Patriotic Fervor: January 26, 1930, witnessed a surge of patriotic fervor with the hoisting of the Indian National Congress flag, portraying the essence of a united and sovereign India. This sentiment was woven into the fabric of the Republic Day celebrations. Constitutional Commencement: The adoption of the Constitution on January 26, 1950, was a deliberate choice. It was on this day that the people of India, through their chosen representatives, gave themselves a constitution, laying the foundation for a government that derived its power from the people. Unique Identity: Selecting January 26 differentiated India from other nations that celebrate their independence days based on historical events or agreements. India's Republic Day is not just about breaking free from colonial rule but about embracing a distinctive constitutional identity.

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Constitutional Values Embodied: The choice of January 26 aligns with the foundational principles enshrined in the Constitution of India. The Preamble, often regarded as the soul of the Constitution, outlines the objectives of justice, liberty, equality, and fraternity. Republic Day, the day the Constitution came into effect, symbolises the commitment to these values. Sovereignty: The adoption of the Constitution on January 26 marked India's complete sovereignty. It reflected the shift from being a dominion within the British Commonwealth to a fully independent republic. Socialism and Secularism: The principles of socialism and secularism, integral to the Indian Constitution, were emphasized by choosing a day that held historical significance beyond any particular religious or social context. Democratic Republic: By adopting a democratic system, India affirmed its commitment to the people's will.

January 26 represents the democratic spirit, as it was the day the people formally embraced the Constitution as the supreme law of the land. In conclusion, the choice of January 26 as India's Republic Day is a nuanced amalgamation of historical significance, constitutional values, and patriotic symbolism. It is a celebration of the journey from colonial subjugation to constitutional sovereignty. As we commemorate Republic Day each year, it is essential to reflect on the ideals that bind us together as a nation and reaffirm our commitment to the principles laid down by the framers of the Constitution. Republic Day serves as a reminder that the strength of a nation lies not just in its independence but in its ability to uphold democratic principles, protect individual liberties, and foster unity in diversity. January 26 encapsulates the spirit of a free, sovereign, and democratic India, making it a date etched in the collective memory of the nation.

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LAW SCHOOL CORNER

THE STUDENT SPOTLIGHT Tips for Students from Students PREPARING FOR CLASS: CASE SUMMARIES Considering the hundreds of assigned pages of readings law students get for each course, it can be difficult to filter out important information (aka. Information you need for your exams). I believe the best way to understand the main ideas of each class is through case summaries/ case briefs. Since our Indian legal system is

ISSUE(S) Essentially, what are the problems or questions the judge is trying to answer in this case? Sometimes the case will explicitly number them off. Most will not. These could be yes or no questions, or they can be something more substantive. Regardless, these are usually written within the first few paragraphs of the

based on common law, it is important to understand past decisions that shape how new decisions will be

case. Common phrases or words to look out for are “the question is,” “whether or not,” or just plain old

made in the future. Personally, when I have very limited time to complete all of my readings, I stick to creating case summaries for the important cases my professors

“issues.”

have highlighted to understand the main concepts. This way, when professors ask about each case, I can answer them confidently.

I then write out the answers to the issues I listed above within one to two sentences.

HELD

ANALYSIS Pre-Tip: Since cases usually touch upon several issues or legal topics all at once, take a look at the paragraphs

Here, you are trying to summarize the law and how it was applied to the facts of the case to answer the

the professors assigned and the headings in the syllabus

issues identified earlier. This can be as long or as short

to figure out the main concepts your class will be focused on. Here is how I structure my case summaries.

as you would like it to be and usually includes legal tests and any important dissents.

Headings may look different depending on how you have been taught to write them in school: FACTS I briefly write out the important facts of the case and eliminate any details that are not relevant to the topic that the professor wishes to teach us. For example, if your Torts Law class this Tuesday is under a “Duty of Care” heading, you probably will not need the facts describing the parties’ financial situations the judge uses to calculate damages.

RULE(S)/RATIO Finally, I write out the important takeaways of this case – why we need to know the contents of this case. Is it because the test used still applies to current cases? Did it add or change something to an existing test? Is it an example of how an important test was applied? Your rule/ratio should be something you can look back on and immediately understand when and why you should be citing this case in your fact-pattern exams.

Tanisha Singh 2nd year, LLB Banaras Hindu University

The Student Spotlight connects law students across the country with meaningful tips and advice from fellow law students. Who better to look to for advice on how to succeed in law school than law students themselves? Covering topics like class and exam prep, to job search and legal research – your peers are loaded with tips from their real-life experiences. Have a tip of your own that you want to share with fellow law students across the country? Email it to editor.advocatesjournal@gmail.com with Student Spotlight in the subject line for a chance to be featured in an upcoming Student Spotlight!

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JANUARY 2024

LAW SCHOOL CORNER

WHAT I WISH I HAD KNOWN BEFORE BECOMING A LAWYER When I started law school, I really enjoyed it. The competitive classes, challenging assignments, and the excitement of solving complex cases motivated me to pursue a career in law. Once I officially became a lawyer, I was even more drawn to the fast-paced work environment. I wanted to excel, make a difference, and find my niche. My work was my passion, and it made me feel empowered. What I didn't realize was that the same work was pushing me towards burnout.

One day in the summer of 2022, while sitting in my office, I suddenly felt intense fear. I got caught in a loop of worrying thoughts about my life, loved ones, and job. The more I tried to escape, the worse it became. I was scared, very scared. My heart raced, and the feeling lingered for days. Each time I entered my office, a sense of dread followed. My focus dwindled. It took me several months to admit to myself and my loved ones that I needed help. A professional later diagnosed severe anxiety and prescribed medication. My recovery has been humbling and has put many things into perspective. What I went through is a destructive consequence of burnout. I was working over 80 hours a week at the law office I had worked hard to establish. My professional identity was tied to my sense of self-worth, based on my achievements. My story sadly is not unique. In the past few years, we have learned just how common burnout is, and in law, it is especially common. One survey conducted by legal recruitment and consulting ﬁrm Vahura, reported Around 44 percent of professionals stated that they worked over 10 hours per day on average. Within this segment, around 45 percent of professionals who reported working between 10-12 hours a day, reported that they routinely felt stressed and tense during a workday,”

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WRITTEN BY: DEEPAK MALIK

IF YOU'RE CONSIDERING A CAREER IN LAW, HERE'S ADVICE I WISH I HAD RECEIVED EARLIER. 1. ASSESS OFFICE CULTURE BEFORE ACCEPTING A JOB Try to avoid working for a law firm that values working hours more than your sanity. I know this is easier said than done when you’re starting and competing with a group of highly talented peers. How you start your career matters. The pressure you feel to land that first job may feel more important than waiting to work at the right firm, a firm that prioritises inclusion, belonging, and the well-being of its workers. If you begin in a workplace that doesn’t value you beyond your skills or take care of your psychological health, it’s going to be unsustainable in the long run. There are a few questions you can ask the hiring manager (or your future peers) during a job interview to figure out whether the organisation values work-life balance or promotes a burnout culture: Would you say you have a good level of work-life balance? Why or why not? Does your company have any policies around family and medical leave? Do new parents at your company typically return to work right away?

How does upper management react to failure or mistakes? Can you describe a situation that didn’t turn out how you wanted it to, and how it was handled by the firm? If you hear that people are worked to the bone (instead of given flexibility), asked to return to work before their leave is over (instead of asked to take the full leave), or punished for their mistakes (instead of encouraged to learn from them) — those are all red flags. The idea is to understand how a firm responds to the needs and expectations of its employees.

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2. LISTEN TO YOUR BODY'S SIGNALS What if you’ve already landed a job? How do you manage burnout when you’re working in a burnout culture? The biggest piece of advice I can give you is: Do not ignore what your body is telling you. Typical signs of exhaustion include: increased heart rate, headaches, fatigue, palpitations or sweating, and general irritability. These symptoms can come on gradually, or as they did for me, all at once. When you’re in a stressful situation, your body shifts into a state of high alert. It is preparing itself to confront or run away from a threat, the reaction we commonly refer to as fight or flight. If you feel these triggers during your workday, pay attention to them. In the moment, small things like staying hydrated, breathing deeply for a few seconds, or taking a short walk around your office to physically disconnect can help. In the long term, however, this is your body telling you that you need a break. It may be worth having a more serious conversation with your superior around your workload or seeking the help of a medical professional to talk about treatments or coping mechanisms. The more you start paying attention to what your body needs, the easier it will become to take care of it. And if your workplace or superior makes you feel ashamed of those needs, it may be time to look elsewhere. 3. BUILD A LIFE OUTSIDE OF WORK The hard truth is that the legal profession is extremely draining. When you choose to be a lawyer, you are choosing a path that often requires putting in long hours to study and prepare for each case. Clients can be demanding. Your assignments can start off as fairly low stakes and shift into stressful high-stakes scenarios overnight, depending on a variety of factors. If you are working on emotionally fraught cases, which happens often in criminal and family law, you may also experience a level of emotional exhaustion. In these cases, it can become difficult to disconnect yourself from the lives of your clients. To protect yourself, and do your job well, you have to set healthy boundaries at work — and this often means having a life and a support system outside of it. Start by committing to taking time off at least once or twice in the year. To reduce the stress that often comes before and after a vacation, plan your time far in advance and make it a personal goal not to cancel. When you’re off, actually “turn off.” (Yes, that means unplugging from calls and emails.)

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If you are worried about missing out, remember that

I know from experience that this pressure can do more

building deliberate moments of rest into your work life may actually end up boosting your overall productivity and performance.

harm than good. You are not a superhero. You can’t just wave a wand and magically make things work. Remind yourself that, just like everyone else, you’re doing the best you can with what you have.

For some people, this may sound entirely undoable. In that case, set a smaller goal: Do something outside

One strategy that has personally helped me in this area

your work that brings you joy. What helps you unwind? Do you have hobbies and activities you love? It could be as simple as walking your dog every morning, going to the gym at night, watching a TV show uninterrupted, having dinner with family at least twice a week, or

is writing down one thing I’m grateful for every day. Give it a try: The next time you lose a case, write down what you learned along the way and why it is meaningful to your growth. The next time a client isn’t happy with you, write down one way you were able to

volunteering for a cause that matters to you. These small commitments will help you expand your social circle, rediscover your interests, and be better (and healthier) at work.

help them (even if you couldn’t get them exactly what they wanted). Or simply reflect on why you are thankful for your support system, family, or friends. Studies show that giving thanks can help us sleep better, lower our stress, and improve our relationships with other people.

4. BE KIND TO YOURSELF In certain legal fields, a tendency toward perfectionism is, in my experience, commonplace — as the situations you are dealing with can be very high stakes and you are often getting directly involved in the personal lives of real people. While striving to perform at your best is generally good, the danger here is setting unrealistic expectations and being too hard on yourself when you fail to reach them. This cycle of behaviour can be linked to depression, anxiety, and other physical and mental health problems.

Finally, remind yourself regularly that you are not your job. Like me, you might be passionate about your work, but unless you make a conscious effort to separate it from the other parts of your life, you’re likely going to burn out. This leads me to my last piece of advice: Put yourself and your loved ones first. Your career is not as delicate as the other parts of your life. There is always going to be more work. We can’t say the same about our health or our time.

While I understand the deep desire to win every case and do right by your client(s),

JANUARY 2024

TECHNOLOGY AND LAW

Artificial intelligence + generative AI By STERLING MILLER

“Space, the final frontier. These are the voyages of the Starship Enterprise. Its five-year mission: to explore strange new worlds, to seek out new life and new civilizations, to boldly go where no man has gone before. "Star Trek" (TV Series 1966-1969)

ome of the best scenes in the television show Star Trek, the original version, are those involving the crew members — usually Mr. Spock — asking

the computer a question and the computer spitting out the answer in the form of a conversation. When I was younger, I thought this was utterly amazing, and, of course, I wanted my computer that would “answer” any question I cared to ask. This was around the time when typewriters and dinosaurs ruled the Earth, and the first calculators — addition, subtraction, multiplication, and division only — were coming on the market. So, needless to say, a computer that could talk and interact with people was just a notion in a science fiction story back then. I also remember the first time you could access the internet, send an email, stream music, wirelessly connect to a printer, use Webex or Teams to collaborate and the time when Zoom made video conferencing as easy as clicking a button. Before this, setting up a video conference call took several hours, several folks from IT, and several years of your life as the technology inevitably failed, wasting a ton of time and effort.

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There was so much friction in setting up a video conference in those days; I am surprised no one burst into flames trying. Yes, I’m a bit creaky and have been around awhile, but I am pleased to say that I have never been a “get off my lawn” type of person regarding technology. On the contrary, I have always embraced it, believing that technology can help lawyers do more, do it better, and do it at a lower cost. Never has this been truer than it is now in 2024.

Many of you probably first heard of ChatGPT in late 2022 or early 2023. Unless you have been living on the moon for the past nine months or so, ChatGPT has come to dominate headlines. Not only in the business world generally with changing how people do their jobs but also in the world of legal services where, for perhaps the first time, people are starting to ask if lawyers can survive this technological tsunami.

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What is artificial intelligence? The term “artificial intelligence” can be a bit misleading, at least when it comes to application in the legal field. We’re not talking about some type of walking and talking robot from the “Terminator” movies with a briefcase and bowtie — although that would be awesome. No, artificial intelligence is an umbrella term to describe technologies that rely on data to make decisions. For purposes of the legal work, a better description — and one that has caught on — is “cognitive computing.” Cognitive computing uses AI systems that simulate human thought to solve problems using neural networks, machine learning, deep learning, natural-language processing, speech and object recognition, and other technology. Cognitive tools are trained versus programmed — learning how to complete tasks traditionally done by people, where the focus is looking for patterns in data, testing the data, and finding and providing results. AI is basically automating tasks. Cognitive computing is a step ahead; it’s about augmenting human capabilities. I think of it as a “research assistant” who can sift through the dreck and tell you what it found. Why is this important? According to Fabio Duarte of Exploding Topics, 328.77 million terabytes of data are created daily. In case you’re not up to date on terabytes, that’s 328,770,000,000,000,000,000 bytes — every day. The ability of any human to review and comprehend that level of data without help is literally the definition of impossible.

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AI systems that augment our ability to digest such a vast amount of data are now a critical part of our workday, especially for lawyers — for example, a Google search or content search on Practical Law. ChatGPT and generative AI add a whole new and powerful method of doing this.

How AI, machine learning, and generative AI work

Legal departments need to embrace the use of AI

Stage 1 :

Legal departments need to be ready for this change and adapt quickly to the use of AI and, more recently, GenAI. As business leaders and businesses become adept at using AI and GenAI, they will expect the other members of the C-suite — including the general counsel and the legal department — to follow suit. Thus, it is becoming critical that in-house lawyers get on board the AI and GenAI train or risk getting left at the station. In-house lawyers that embrace AI and GenAI will, simply put, become more valuable to the new generation of CEOs and CFOs who are far more comfortable with technology than their predecessors. This means that law schools must step up their game and incorporate AI and GenAI into their curriculum.

Most scientists consider the 1956 Dartmouth AI Conference to be the birthplace of AI. Despite this early start, AI did not take off until computing power increased and the cost of that computer power and data storage decreased, which is a fairly recent development. One estimate is that twenty years ago, a CIO pursuing AI would have spent almost 100% of their budget on the necessary computing power. Today, that same CIO would spend only 10% to 20% of their budget, expecting that cost to continue to decrease. For our purposes, artificial intelligence has evolved in three stages, and understanding this evolution is critical to understanding the power of generative AI.

Artificial intelligence is a computer mimicking human intelligence. At this stage, it can recommend a song you might like, spot spam emails and move them out of your inbox, and even drive a car. AI is about programming machines — like computers) — that can learn and solve problems like humans do. However, these machines aren't conscious or aware like us — they don't have feelings. They just use mathematical rules and large amounts of data to simulate human intelligence. So, when you talk to Alexa, for example, it's not understanding you the way a person would. It's just analyzing your words quickly and choosing the best response from its vast programming resources.

JANUARY 2024

TECHNOLOGY AND LAW Stage 2 : On top of general AI came machine learning, a branch of artificial intelligence that allows a computer to learn from data without being specifically programmed. It's like teaching a computer to play chess. At first, the computer doesn't know how to play, but it gets better over time as it gets more and more information or experience. For example, you have a big pile of photographs and want to sort them by whether they show a dog or not. Before AI, you'd need to sort through all of them yourself. But with the advent of machine learning, computers can learn to do this job. In essence, you show the computer thousands of pictures, telling it whether each picture has a dog or doesn't have a dog. Over time, the computer learns how to recognise a dog. Later, when it sees a new picture, it can predict whether a dog is in it. “Predict” is key because the computer isn’t learning like people do; it’s using math and algorithms, hence the ability to predict versus know. Stage 3 : Now comes generative AI, which is like Picasso in the artificial intelligence world. Instead of just learning patterns and making decisions like other versions of AI, GenAI can create new stuff. It can write songs, paint pictures, design graphics, or even write stories — like a computer dreaming up its own ideas. For example, imagine you teach the computer by showing it hundreds of pictures of cats. After learning what cats look like, it can create a new image of a cat that doesn't exist, drawing on what it's learned from all the cat pictures it's seen. The same is true for music — and, for lawyers, drafting and writing. Generative AI is about creating new content or generating new ideas based on patterns learned from millions, if not billions, of examples. This ability to create something new is where the giant leap has occurred with GenAI, all made possible by recent breakthroughs in computer processing power.

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Natural-language processing On top of these three phases comes the interface — that is, how do people and the machine interact? For years, the most common way has been to type information or queries into a computer, press “enter,” and wait for the answer. These types of searches have historically run on Boolean logic, or keyword searches, meaning each search is linear and bears no relationship to past or future inquiries. With AI and GenAI, that changes as each search becomes part of the learning process, and each search and answer — and correction, if necessary — makes the machine that much better for the next task. Generative AI use cases for legal tech With generative AI, you have the basis for the next great leap forward in using AI by legal departments. Where initially it was the ability of machines to learn tasks that previously were done by lawyers — coupled with the ability of lawyers to extract pertinent information by either typing a query directly or by asking the machine to perform a task — with GenAI, the game is truly afoot.

LEGAL DEPARTMENTS NEED TO BE READY FOR THIS CHANGE AND ADAPT QUICKLY TO THE USE OF AI AND, MORE RECENTLY, GEN-AI

Lawyers can ask AI to create things instead of merely retrieving them. AI brought the ability to search for concepts, like contract review and analysis for due diligence; to identify changes in the tone of email communications, including looking for code words used to try to disguise the true nature of the conversation; and even crude drafting, that is, the computer understands what needs to be drafted and prepares the document. GenAI takes all of this to another level. As we will see, reviewing and responding to redlines; preparing negotiation books, including anticipating the arguments the other side will bring to the table; and preparing summaries of meetings and documents — and doing so via different personas you ask the GenAI to adopt — are already here. Plus, those are just the tip of the generative AI iceberg! In summary The capabilities of GenAI take the early promise of AI from the theoretical to the practical, allowing inhouse lawyers to truly deliver better, faster, and cheaper legal services to the company. We have an early look at the potential impact of this new, powerful technology on the legal industry, but how do you use it, what can it do, and does it mean an army of robo-lawyers will take over the profession?

STERLING MILLER, HILGERS GRABEN PLLC Sterling Miller is currently CEO and Senior Counsel at Hilgers Graben PLLC. He is a three-time General Counsel who spent almost 25 years in-house. He has published five books and writes the award-winning legal blog Ten Things You Need to Know as In-House Counsel. Sterling received his J.D., with honours, from Washington University in St. Louis.

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DEEPFAKES & ONLINE DEFAMATIONS: A Looming Threat To Identity & Reputation The digital age has ushered in remarkable advancements, yet it has also cast a dark shadow on one of our most fundamental rights: the right to a genuine and protected online identity. The sinister duo of deepfakes and online defamation has emerged as a potent weapon, wreaking havoc on reputations, privacy, and even safety, particularly for women.

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Deepfakes: A Nightmare Fabricated From Pixels: Imagine witnessing a video of yourself uttering hateful words or engaging in compromising acts, knowing you never did any such thing. Deepfakes, hyper-realistic, AImanipulated videos or audio recordings, make this horrifying scenario a chilling reality. They weaponize the very essence of trust in visual and audio evidence, blurring the lines between truth and fiction with terrifying ease. For women, the consequences can be devastating. Malicious actors can create non-consensual intimate imagery, fabricate damaging narratives,

By SURBHI ARORA and disseminate them within seconds on the vast, unforgiving expanse of the internet. The emotional torment, social ostracisation, and professional repercussions can be crippling, pushing victims into isolation and despair. Online Defamations: Whispers Amplified Into Screams: While deepfakes are a novel form of assault, online defamation, the ageold scourge of spreading false or misleading information, has found a powerful ally in the digital world. Anonymous accounts spew vitriol, rumours morph into facts with alarming speed, and negative reviews paint distorted portraits, all amplified by the echo chamber of social media.

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TECHNOLOGY AND LAW Women, as vocal advocates for change and often targets of societal biases, face the brunt of this digital slander. Their voices are silenced, their credibility undermined, and their contributions devalued through a relentless barrage of online attacks. The psychological pressure and erosion of trust can be debilitating, silencing dissent and perpetuating harmful stereotypes. A Tangled Web: Where Deepfakes And Defamation Intersect: The insidious nature of this combination lies in its synergy. Deepfakes provide the fabricated "evidence" that online defamation thrives on. A manipulated video can fuel a smear campaign, adding a veneer of believability to malicious gossip. This potent cocktail can destroy reputations, careers, and even lives, with almost no recourse for the victim.

Fighting Back: A Call To Collective Action: This alarming trend demands a multi-pronged approach:

Raising awareness: Educating the public about the dangers of deepfakes and online defamation is crucial. Recognizing manipulated content and understanding the tactics of online bullies empowers individuals to protect themselves and others. Strengthening legal frameworks: Existing laws need to be updated to encompass the complexities of deepfakes and online defamation. Stringent penalties for perpetrators and robust support mechanisms for victims are essential. Holding tech giants accountable: Platforms have a responsibility to create safe online spaces. Implementing content moderation tools, factchecking algorithms, and user verification systems can help curb the spread of harmful content. Investing in technological solutions: Research into deepfake detection and content attribution is vital. Developing tools that can identify manipulated media and trace its origin will empower authorities and protect individuals. Building a culture of empathy and critical thinking: Fostering online communities that value respectful discourse, critical thinking, and verification of information is key to creating a safer and more responsible digital environment.

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Existing Laws: Information Technology Act, 2000: Section 66C: Prohibits creating and transmitting "offensive or obscene" information. This could apply to deepfakes that are sexually explicit or defamatory. Section 67A: Empowers authorities to block access to websites or content deemed "harmful" or "threatening." This could potentially be used to remove deepfakes from online platforms. Indian Penal Code, 1860: Section 465: Deals with forgery, which could apply to deepfakes used to create false evidence or impersonate someone. Section 500: Punishes defamation, which could be relevant for deepfakes that aim to damage someone's reputation. Copyright Act, 1957: Section 13: Grants copyright protection to original literary, artistic, and dramatic works. This could potentially protect individuals from unauthorized deepfakes based on their likeness. Right to Privacy: While not explicitly codified, the right to privacy is recognized by the Indian Constitution and through judicial pronouncements. This could potentially be used to argue against the creation and dissemination of deepfakes that invade someone's privacy. Challenges and the Future: The proposed Bharatiya Nyaya Sanhita (BNS) includes provisions on cybercrimes and privacy, potentially offering a more comprehensive legal framework for addressing deepfakes in the future. The government has also set up a committee to examine online content regulation, including deepfakes. Their recommendations could shape future legislation. Safety measures: It's important to be aware of the potential dangers of deepfakes and take steps to protect yourself: Be cautious about what you share online. Use strong passwords and security settings. Be skeptical of anything you see online, especially if it seems too good to be true. Report any suspicious activity to the relevant platforms or authorities.

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Case Study: There have been several instances that highlight the potential dangers and legal complexities surrounding deepfakes. Notably, advisories have been issued to swiftly remove misleading videos, exemplified by one featuring actor Rashmika Mandanna’s face superimposed on another woman’s body, within a 24hour timeframe.:

Celebrity Deepfakes: Several Indian celebrities, including Amitabh Bachchan and Shah Rukh Khan, were targeted with deepfakes depicting them making controversial statements. These incidents sparked concerns about the potential misuse of deepfakes for misinformation and reputational damage. While no legal action was taken in these specific cases, they served as a wake-up call for the need for robust legal frameworks and public awareness campaigns.

Political Deepfakes: There have been reports of deepfakes being used in local elections, particularly in rural areas. These deepfakes often portray candidates in a negative light, aiming to sway voters' opinions. While no specific case has reached the courts yet, these incidents raise concerns about the potential for deepfakes to disrupt democratic processes.

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Online Harassment and Defamation: Deepfakes are increasingly being used as tools for online harassment and defamation, particularly against women. These cases often involve deepfakes of a sexual or defamatory nature, causing significant emotional distress and reputational damage to the victims. While existing laws like the Information Technology Act and the Indian Penal Code can be applied in some cases, the legal framework for addressing deepfake-related harassment and defamation remains unclear.

Challenges in Legal Application: One of the main challenges in applying existing laws to deepfakes is the difficulty in proving intent and establishing liability. Deepfakes can be created and shared anonymously, making it difficult to identify and prosecute the perpetrators. Additionally, the constantly evolving nature of deepfake technology makes it challenging for existing laws to keep pace.

Looking Ahead: Deepfake technology poses significant challenges in legal proceedings, particularly in criminal cases, with potential repercussions on individuals’ personal and professional lives. In India, existing laws offer some recourse against deepfake issues, but the lack of a clear legal definition hampers targeted prosecution. The evolving nature of deepfake technology compounds the challenges for automated detection systems, leading to increased difficulty, particularly in the face of contextual complexities. This poses a significant threat to legal proceedings, potentially prolonging trials and heightening the risk of false assumptions. Beyond the immediate legal ramifications, deepfakes exacerbate issues such as slut-shaming and revenge porn, presenting serious consequences for individuals’ reputations and self-image. The intricate challenges demand comprehensive legal frameworks to address evolving threats and safeguard individuals from potential harm.

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INTERNATIONAL LAW

A Quick guide to South Africa’s ICJ case against Israel As Israel defends itself against genocide charges, pro-Palestine campaigners hope the World Court will put an end to Gaza’s war. By GAURAV KUNDU What are South Africa’s accusations against Israel? South Africa has accused Israel of committing the crime of genocide in Gaza in violation of the 1948 Genocide Convention, which both countries are party to. The killing of Palestinians in Gaza in large numbers, especially children; destruction of their homes; their expulsion and displacement; blockade on food, water and medical assistance to the strip; the imposition of measures preventing Palestinian births by destroying essential health services crucial for the survival of pregnant women and babies, are all listed as genocidal actions in the suit. What are South Africa’s immediate demands? South Africa is requesting that the ICJ move urgently to prevent Israel from committing further crimes in the strip using “provisional measures” – essentially an emergency order that can be applied even before the main case begins. It argues that provisional measures are necessary “to protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention, which continue to be violated with impunity”. The two-day public hearing in South Africa’s genocide case against Israel at the International Court of Justice (ICJ) begins on Thursday. The South African government brought the case against Israel on December 29,

What has Israel said? Israel, which has lambasted South Africa for bringing the case, has promised to defend itself at the court. Senior Israeli officials, including President Isaac Herzog, have called the case

accusing it of “genocidal acts” in its assaults on Gaza. Palestinians and pro-Palestine campaigners around the world are hoping the ICJ might halt Israel’s devastating military campaign in Gaza, which has seen more than

“preposterous” and say it constitutes a “blood libel”.

23,000 people killed – nearly 10,000 of them children. What is the International Court of Justice?

Secretary of State Antony Blinken on Tuesday, said Israel “will present proudly our case of using self-defence under our most inherent right under international humanitarian law”.

The ICJ, also called the World Court, is the highest United Nations legal body that can adjudicate on issues between member states. It is separate from the International Criminal Court (ICC), which tries individuals

How long will the trial go on? The initial proceedings will likely last only a few weeks, so we should expect a sentencing from the court, in favour of or against

in criminal cases. The ICJ comprises 15 judges appointed for nine-year terms through elections at the UN General Assembly (UNGA) and the Security Council (UNSC). The court’s

South Africa’s urgent request, in a few weeks. The main case though, could take much longer – years. The ICJ’s deliberations are a painstaking process, involving detailed written submissions followed by oral arguments and counter-arguments

rulings are binding and cannot be appealed by member states, but it depends on the UNSC to enforce the decisions.

by the team of top legal counsels representing each state. Experts say a sentence in this case could take three to four years.

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Israel is likely to argue that its killing of more than 23,000 people in Gaza is in self-defence. Herzog, speaking to visiting US

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A Palestinian man sits near the rubble of a house destroyed in an Israeli strike in Rafah on January 9, 2024. [Mohammed Salem/Reuters]

How does the ICJ decide cases? After the initial proceedings this week on provisional measures, and later on in the main case, ICJ judges will take a vote to decide on a sentence. Judges ought to be impartial but in the past, some have voted in line with their countries’ politics. When the bench voted in favour of a decision to provisionally order Russia out of Ukraine in March 2022, judges from Russia and China voted against the decision. What’s the response of the international community? Several countries and organisations have backed South Africa’s suit. Malaysia, Turkey, Jordan, Bolivia, the Maldives, Namibia, Pakistan, Columbia, and members of the Organisation of Islamic Countries (OIC) are among them. The European Union has been silent, but Israel has seen support from its number one backer and weapons supplier, the United States. Department of State spokesperson Matt Miller said in a statement the “allegations that Israel is committing genocide are unfounded”, but he added that Israel must “prevent civilian harm” and investigate allegations of humanitarian crimes.

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JANUARY 2024

INTERNATIONAL LAW

UN expert says human rights violations rage on in Sudan The human rights expert appointed by the UN High Commissioner to monitor Sudan, Radhoune Noucier, stated that everything from basic human rights to the economy and the legal system, have been decimated by the on-going war between rival militaries. The independent expert outlined what’s been happening on the ground as violence and displacement continue to ripple across the country following the outbreak of clashes between the national army and RSF militia in April 2023. Out of 45 million people, more than seven million have been displaced, with some seeking safety in neighbouring nations, and half the total population needs humanitarian assistance, according to the UN aid agency, OCHA. More than 13,000 people have been killed and another 26,000 injured since the conflict began, according to the UN agency’s latest situation report. Describing a range of sinister and ongoing violations of basic human rights, Mr. Noucier told UN News’s Abdelmonem Makki why he is calling for an immediate ceasefire and why impunity must end for perpetrators.

The trial involving Warren Buffett and Jimmy Haslam over a stake in Pilot Travel Centers has been canceled by the court. The unusual billion-dollar trial involving Warren Buffett’s Berkshire Hathaway and the Haslam family has been canceled by the court just two days before it was set to begin. The cancellation was confirmed by a docket entry on Saturday, stating that the trial scheduled for January 8 and 9, 2024, has been canceled and removed from the court’s calendar. The legal dispute involves a put option allowing the Haslam family to sell the remaining 20% of Pilot Travel Centers to Berkshire Hathaway in the first two months of any year. Pilot, operating under the Flying J brand, boasts around 650 locations and sold 13 billion gallons of fuel in 2022. Both parties have accused each other of employing accounting maneuvers to manipulate Pilot’s earnings before interest and taxes (EBIT), a crucial factor in valuing the Haslam family’s 20% stake. The Haslams argue that

The non-jury trial in Delaware’s Court of Chancery aimed to determine the value of the Haslam family’s 20% stake in Pilot Travel Centers, the largest U.S. truck stop chain. The trial was expected to include testimony from Warren Buffett’s designated successor, Greg Abel. As of now, there has been no official comment from the Haslam family, Berkshire Hathaway, or the chambers for Vice Chancellor Morgan Zurn, the presiding judge.

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Berkshire, after acquiring the 80% stake in Pilot, adopted “pushdown accounting” to reduce its liability if the put option were exercised. The trial hinged on whether Berkshire was required to obtain the Haslams’ consent for this accounting change. Berkshire asserted it fulfilled its contractual obligations, emphasizing that adopting pushdown accounting did not constitute a change in “accounting policy.”

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INTERNATIONAL LAW

International terror defendants face longer prison terms than domestic counterparts, new study finds People convicted of crimes related to domestic extremism face far shorter prison terms than those convicted in international terrorism cases, even when the crimes are similar, a new report on the outcomes of hundreds of federal criminal cases has found. A new report from the University of Maryland reveals that people convicted of domestic extremism crimes receive shorter prison terms than those convicted in international terrorism cases, even when the crimes are similar. The analysis of federal criminal cases between 2014 and 2019 found that the disparities are due to factors such as the charges brought by federal prosecutors, existing laws, and sentencing decisions made by judges. The study also highlights the bias within the criminal justice system and the need for equal treatment of domestic and international terrorism cases.

UN experts hail landmark ruling by European Court of Human Rights on shooting by Greek Coastguard UN experts hailed the European Court of Human Rights (ECtHR) judgment that Greece had violated a Syrian refugee’s right to life when its coastguards shot at a vessel carrying migrants and asylum seekers in 2014. The shooting injured the Syrian refugee, who later died after months in hospital. The application to the Strasbourg-based European Court was filed by his wife and children. In its ruling published on 16 January 2024, the court said Greece was in breach of the European Convention on Human Rights (ECHR). “The judgment in the case of Alkhatib v. Greece marks an important milestone reiterating the obligations of States to respect the lives of migrants at sea,” the experts said.

“The rights of migrants, asylum seekers and refugees, in particular the right to life and the principle of non-refoulement, must always be protected in accordance with international human rights law and international refugee law. Their situation should be assessed and processed based on the Recommended Principles and Guidelines on Human Rights at International Borders,” the experts said. States have a duty to rescue all individuals who find themselves in a situation of distress at sea without delay, including in the absence of a request for help from individuals on the boat, they said. “This is a fundamental principle of international law, to be applied without discrimination, regardless of nationality, status, or the circumstances in which the persons concerned are found.”

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The Court found that Greek authorities had not established clear rules on the potentially lethal use of firearms in Coast Guard operations, with coastguards invoking unpublished, outdated, and inadequate 1992 “rules of engagement.” Greece failed to establish an adequate and effective legal framework governing the use of potentially lethal force in its area of maritime surveillance operations, the ruling said, adding that investigations into the incident, carried out by national authorities, had been ineffective.

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REVIEWS

BOOK REVIEW AUTHOR: DR. JUSTICE SANGITA DHINGRA SEHGAL & HASAN KHURSHID PUBLISHED BY LEXIS NEXIS "Women Know Thyself - Law Relating to Women in India" is a comprehensive legal guide co-authored by Dr. Justice Sangita Dhingra Sehgal and Hasan Khurshid. The book adeptly explores the multifaceted legal landscape concerning women in India, offering a clear and accessible resource. With a contextual approach, the authors intertwine legal provisions with the daily lives of women. Covering family law, workplace discrimination, reproductive rights, and violence against women, the book critically analyzes existing legal frameworks, incorporating landmark cases and legal amendments. Noteworthy for its practical insights and case studies, the book encourages active engagement with the law. It addresses persisting gaps and challenges in the legal system, serving as a call to action for readers to advocate for change. In summary, "Women Know Thyself" by Dr. Justice Sangita Dhingra Sehgal and Hasan Khurshid is a commendable contribution to understanding women's rights and legal protections in India. It stands as an empowering resource, making it essential reading for those seeking a deeper insight into the intersection of law and gender in the Indian context.

MOVIE RECOMMENDATION GENRE: HISTORICAL LEGAL DRAMA | DIRECTOR: AARON SORKIN | RELEASE YEAR: 2020 "The Trial of the Chicago 7" is a compelling and thoughtprovoking courtroom drama directed by Aaron Sorkin. The film revisits the politically charged events surrounding the 1968 Democratic National Convention and the subsequent trial of seven activists charged with conspiracy and incitement to riot. Sorkin skillfully weaves together historical accuracy with sharp dialogue, creating a gripping narrative that resonates with contemporary relevance. "The Trial of the Chicago 7" successfully captures the spirit of activism and dissent of the late 1960s while drawing parallels to contemporary social and political issues. It serves as a timely reminder of the importance of free speech, the right to protest, and the complexities of justice in a politically charged environment. Overall, the film is a compelling exploration of a pivotal moment in American history, skillfully executed and relevant to today's socio-political landscape.

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HUMOUR AND LIFESTYLE Courtroom Comedy:

Why did the lawyer bring a ladder to the court?

Because he wanted to take his case to a higher court!

worth remembering:

I say the law should be blind to race, gender and sexual orientation, just as it claims to be blind to wealth and power. There should be no specially protected groups of any kind, except for children, the severely disabled and the elderly, whose physical frailty demands society's care. -Camille Paglia

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JANUARY 2024

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Advocate's Journal - January Issue

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Artificial intelligence + generative AI

INDIA: DIGITAL PERSONAL DATA PROTECTION ACT,2023