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Shreya Singhal V. Union Of India
''Shreya Singhal v. Union of India'' is a judgement by a two-judge bench of the Supreme Court of India in 2015, on the issue of online speech and intermediary liability in India. The Supreme Court struck down Section 66A of the Information Technology Act, 2000, relating to restrictions on online speech, as unconstitutional on grounds of violating the freedom of speech guaranteed under Article 19(1)(a) of the Constitution of India. The Court further held that the Section was not saved by virtue of being a 'reasonable restriction' on the freedom of speech under Article 19(2). The Supreme Court also read down Section 79 and Rules under the Section. It held that online intermediaries would only be obligated to take down content on receiving an order from a court or government authority. The case is considered a watershed moment for online free speech in India. Background History of Section 66A Section 66A of the Information Technology Act, 2000 made it a punishable offence for ...
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Supreme Court Of India
The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also has the power of Judicial review in India, judicial review. The Supreme Court, which consists of the Chief Justice of India and a maximum of fellow 33 judges, has extensive powers in the form of original jurisdiction, original, appellate jurisdiction, appellate and Advisory opinion, advisory jurisdictions. As the apex constitutional court, it takes up appeals primarily against verdicts of the List of High Courts of India, High Courts of various states and tribunals. As an advisory court, it hears matters which are referred by the President of India#Judicial powers, president of India. Under judicial review, the court invalidates both ordinary laws as well as Amendment of the Constitution of India, constitutional amendments as per the basi ...
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Rohinton Fali Nariman
Rohinton Fali Nariman (born 13 August 1956) is a former judge of the Supreme Court of India. Before being elevated as a judge, he practised as a senior counsel at the Supreme Court. He was appointed the Solicitor General of India on 23 July 2011.http://www.thehindu.com/news/national/article2287939.ece , Rohinton Nariman appointed Solicitor-General He also served as a member of the Bar Council of India. He was designated as a Senior Counsel by Chief Justice Manepalli Narayana Rao Venkatachaliah in 1993 at the early age of 37. Early life and education Nariman is the son of Fali Sam Nariman, a distinguished Indian jurist. He received his early education in Mumbai, at the Cathedral and John Connon School. He completed his undergraduate B.Com. degree from Shri Ram College of Commerce. He completed his Bachelor of Laws from Campus Law Centre of the Faculty of Law, University of Delhi, where he ranked 2nd in the batch. He then went to Harvard Law School for his Master of Laws degr ...
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Jasti Chelameswar
Jasti Chelameswar (born 23 June 1953) is a former judge of the Supreme Court of India. He retired on 22 June 2018 as the second most senior supreme court judge. He previously served as the chief justice of the Kerala High Court from 2010 to 2011 and the Gauhati High Court from 2007 to 2010. He was also one of the four judges who held a controversial press conference against Chief Justice Dipak Misra. Early life Chelameswar was born in Peddamuttevi village of Movva mandal, Krishna district, Andhra Pradesh, the son of Jasti Lakshminarayana, a lawyer who practised at the district court, and his wife Annapoornamma. After completing his schooling in Machilipatnam, Chelameswar enrolled at Loyola College, Chennai and obtained a Bachelor of Science degree with physics as his major subject. He then studied Law and obtained a Bachelor of Laws from Andhra University, Visakhapatnam in 1976. Career Chelameswar served as an additional judge at the then High Court of Andhra Pradesh. Later, ...
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Information Technology Act, 2000
The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce. Secondary or subordinate legislation to the IT Act includes the Intermediary Guidelines Rules 2011 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Background The bill was passed in the budget session of 2000 and signed by President K. R. Narayanan on 9 May 2000. The bill was finalised by a group of officials headed by the then Minister of Information Technology, Pramod Mahajan. Summary The original Act contained 94 sections, divided into 13 chapters and 4 schedules, out of which the third and fourth schedule were omitted later. The law applies to the whole of India. If a crime involves a computer or network located in India, persons of other nationalities can also be indicted under the la ...
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Constitution Of India
The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out Fundamental rights in India, fundamental rights, Directive Principles, directive principles, and the duties of citizens. It espouses constitutional autochthony, constitutional supremacy (not Parliamentary sovereignty, parliamentary supremacy found in the United Kingdom, since it was created by a Constituent Assembly of India, constituent assembly rather than Parliament of India, Parliament) and was adopted with a declaration in Preamble to the Constitution of India, its preamble. Although the Indian Constitution does not contain a provision to limit the powers of the parliament to amend the constitution, the Supreme Court in Kesavananda Bharati v. State of Kerala held that there ...
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Email
Electronic mail (usually shortened to email; alternatively hyphenated e-mail) is a method of transmitting and receiving Digital media, digital messages using electronics, electronic devices over a computer network. It was conceived in the late–20th century as the digital version of, or counterpart to, mail (hence ''wikt:e-#Etymology 2, e- + mail''). Email is a ubiquitous and very widely used communication medium; in current use, an email address is often treated as a basic and necessary part of many processes in business, commerce, government, education, entertainment, and other spheres of daily life in most countries. Email operates across computer networks, primarily the Internet access, Internet, and also local area networks. Today's email systems are based on a store-and-forward model. Email Server (computing), servers accept, forward, deliver, and store messages. Neither the users nor their computers are required to be online simultaneously; they need to connect, ty ...
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Intermediaries
An intermediary, also known as a middleman or go-between, is defined differently by context. In law or diplomacy, an intermediary is a third party who offers intermediation services between two parties. In trade or barter, an intermediary acts as a conduit for goods or services offered by a supplier to a consumer, which may include wholesalers, resellers, brokers, and various other services. "Intermediation" refers to a process matching two sides of a market, such as buyers and sellers by a third party such as a broker, agent, or wholesaler. The most common example of intermediation is in the finance industry, where it involves the matching of lenders with borrowers by a bank.''The Theory of Financial Intermediation''
by Franklin Allen and Anthony M. San ...
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Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writs, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the Feudalism in England, feudal era, a military summons by the king to one of his tenant-in-chief, tenants-in-chief to appear dressed for battle with retinue at a specific place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General of Canada, Governor General and, in Australia, by the Governor-General of Australia, Governor-General for elections for the House of Representatives, or state gove ...
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Shreya Singhal
Shreya Singhal is an Indian lawyer. Her fight against Section 66A of the Information Technology Act of 2000 in 2015 brought her to national prominence in India. Early life and education She was born into a family of eminent lawyers. Her Great-grandfather, H. R. Gokhale, was veteran Congress leader and former Law Minister. Her Grandmother, Justice Sunanda Bhandare, was a judge of the Delhi High Court and a distinguished lawyer. Her Grandfather, Shri M.C. Bhandare, is a Senior Advocate, former Member of Parliament and former Governor of Odisha. Her mother, Manali Bhandare, is a lawyer practicing at the Supreme Court of India. She completed her schooling from the Vasant Valley School in New Delhi in 2009, after which she went to pursue Astrophysics at the University of Bristol in the United Kingdom. She subsequently enrolled at the Campus Law Centre, Faculty of Law at Delhi University, where she graduated in 2016. Section 66A and Restriction of Free Speech Section 66A of t ...
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People's Union For Civil Liberties
People's Union for Civil Liberties (PUCL) is a human rights body formed in India in 1976 by Jayaprakash Narayan, as the People's Union for Civil Liberties and Democratic Rights (PUCLDR). Background Indian emergency Jayaprakash Narayan was a Gandhian leader in India after independence. When Indira Gandhi was found guilty of violating electoral laws by the Allahabad High Court, Narayan called for her to resign, and advocated a program of social transformation. He asked the military and police to disregard unconstitutional and immoral orders. However, Janata Party opposition leaders and dissenting members of Indira Gandhi's party, Congress (I) were arrested, beginning The Emergency in 1975. Narayan was detained at Chandigarh, and when released in 1976, formed the PUCLDR to oppose the suppression of civil and political rights during the emergency. The organization was thrown into disarray by his death and the election of the Janata party to power, which promised to enact the ...
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Mouthshut
Mouthshut.com is a consumer review and rating platform founded in 2000 by Faisal Farooqui. The platform hosts user-written reviews and ratings for over 800,000 products and services available in India. The platform covers over 400 categories. The company has been involved in legal challenges regarding internet intermediary rules, notably petitioning the Supreme Court against provisions of the Information Technology Rules, 2021, which led to the repeal of Section 66A and the reading down of intermediary guidelines. History Faisal Farooqui conceived the idea of a review website in 1998 while attending the State University of New York at Binghamton. He recognized the significance of customer feedback for business growth during a class. He returned to India and launched MouthShut.com in late 2000. The platform was initially marketed via a curated email list of 1800 individuals, including contacts of the company's initial employees, staff, friends, and relatives. Later, Farooqui u ...
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Article 14 Of The Constitution Of India
Article 14 of the Constitution of India provides for equality before the law or equal protection of the laws within the territory of India. It states:"The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." Reasonable Classification and Non-Arbitrariness Article 14 guarantees equality to all persons, including citizenscorporations and foreigners. Its provisions have come up for discussion in the Supreme Court in a number of cases and the case oRam Krishna Dalmia vs Justice S R Tendolkarreiterated its meaning and scope as follows. Article 14 permits classification, so long as it is 'reasonable', but forbidclass legislation A classification of groups of people is considered reasonable when: # The classification is based upon intelligible differentia that distinguishes persons or things that are grouped from others that are left out of the group, and, # The differential has a rational relation with the obj ...
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