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INDIAN JOURNAL OF
LEGAL RESEARCH AND REVIEW

Volume I Issue II

( June-July 2023 )

UNRELIABILITY OF HEARSAY EVIDENCE IN TRIAL PROCEEDINGS

Devyanshi Gupta, BML Munjal University

Page: 01-06; Month: June

DOI:

10.5281/zenodo.8089106

ABSTRACT: Hearsay is one of the important and oldest concepts in Evidence law. Hearsay evidence is a widely recognized concept, however, it is still not completely admissible in Courts. The Court does not recognize hearsay as a reliable and trustworthy form of evidence. The concept of hearsay emerged in India through the Indian Evidence Act. The Act does not define ‘Hearsay’ anywhere. However, there have been multiple views on Hearsay and different judges interpret the concept differently. As per the general view, a Hearsay can be defined as any statement which is made out of court and which is used to prove the truth of the concerned subject matter........................ read more

DREADFUL MAN: SOVEREIGN OR NOT?

Ayush Singh Rana, Vivekananda Institute of Professional Studies, Pitampura, New Delhi

Page: 06-16; Month: July

DOI:

10.5281/zenodo.8105538

ABSTRACT: John Austin, renowned globally as the Father of English Jurisprudence gave his theory of jurisprudence in the form of Legal Positivism. As per his jurisprudence, the law does not evolve naturally and has no significant connection with morality. Law is nothing but mere command issued by a political superior of the society who is known as the sovereign. The only recognised law of any society is the command enforced by the sovereign who exposes the members of the society to habitual obedience. This habitual obedience is subject to certain sanctions or punitive measures which help keep the rule of the sovereign intact and unruffled......................... read more

SCHOOL FEE HIKE DURING COVID-19: Justified or not?

Manvi Atwal, Vivekananda Institute of Professional Studies, Pitampura, New Delhi

Page: 17-24; Month: July

DOI:

10.5281/zenodo.8162885

ABSTRACT: The pandemic of COVID-19 had an impact not only on economic activities but also on education. While the nationwide lockdown was imposed in March 2020 to prevent the spread of infections resulting in the closure of educational institutes, many of them quickly adapted to online classes within months. During the crisis, parents of school-aged children dealt with the issue of increased fees by private institutes. The collection of tuition fees by private schools became a national concern. Parents from different parts of the country petitioned the Supreme Court for a moratorium or deferral on school fee payments while the lockdown was in effect......................... read more

LAW AS A TOOL OF SOCIAL ENGINEERING DOWRY DEATH IN ASSAM: A SOCIOLOGICAL ANALYSIS

Riddhi Gupta, Vivekananda Institute of Professional Studies, GGSIPU, Delhi

Page: 25-32; Month: July

DOI:

10.5281/zenodo.8394186

ABSTRACT: This paper delves into the pervasive issue of dowry deaths in Assam, India, despite the existence of laws prohibiting dowry practices. It examines the historical roots of dowry and its evolution from a token of love to a social evil that leads to tragic consequences such as bride burning and female infanticide. The sociological aspects of dowry are explored, highlighting the influence of patriarchal structures, cultural assimilation, materialistic attitudes, and the rise of the neo-middle class. The paper presents a grim picture of the rising cases of dowry deaths in Assam, backed by statistics and notable cases. It discusses the economic factors contributing to dowry demands and the resulting financial burden on families. Additionally, the study analyzes the relevant laws in India, including the Dowry Prohibition Act, Indian Penal Code, and Indian Evidence Act, aimed at curbing dowry-related crimes. In conclusion, the paper underscores the urgent need for education, awareness, and stringent enforcement of laws to combat this deeply rooted social issue and ensure gender equality in society .......................... read more

GOOGLE MATRIMONY CASE

Shruti Mishra, Vivekananda Institute of Professional Studies, GGSIPU, Delhi

Page: 33-42; Month: July

DOI:

10.5281/zenodo.8415174

ABSTRACT: The Matrimony.com Limited v. Google LLC and CUTS v. Google LLC cases (Case Nos. 07 and 30 of 2012) revolve around allegations of Google's abuse of dominance in online search and advertising services in India. The informants, Consumer Unity & Trust Society (CUTS) and Matrimony.com Limited, claimed that Google favoured its own services and partners by manipulating search results, thus harming advertisers and consumers. They argued that Google's dominant position in the market allowed it to access confidential information, manipulate ad services, and restrict user choices. The Competition Commission of India (CCI) found Google to be dominant in both relevant markets, supported by its high market share and user preference in India. While the CCI acknowledged the "status quo bias" influencing user choices, it concluded that Google's actions constituted an abuse of dominance by imposing restrictive conditions, violating Section 4 of the Competition Act. However, the CCI's decision on Google's default browser agreements was contentious, as they did not explicitly restrict user choices but influenced user behavior. In summary, these cases highlight Google's dominance and its impact on the online search and advertising markets in India, ultimately leading to a finding of abuse of dominance under the Competition Act. .......................... read more

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