INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

CONFLICT BETWEEN STATE SOVEREIGNTY AND SELF-DETERMINATION BY - JAHNAVI DAGA

Authors: JAHNAVI DAGA

Registration ID: 105684 Published Paper ID: IJLRA5684

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

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: jahnavidaga@gmail.com

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WOMEN AS VICTIMS OF WORKPLACE ABUSE – AN ANALYSIS BY - DR. D. KANNAN & MIS. RIDDHIMA KRISHNAN

Authors: DR. D. KANNAN & MIS. RIDDHIMA KRISHNAN

Registration ID: 105683 Published Paper ID: IJLRA5683 & IJLRA5790

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

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: chinnachi_kannan@yahoo.com &

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RIGHTS OF VICTIMS IN CRIMINAL JUSTICE SYSTEM BY - RADHA VASANT SHELKE

Authors: RADHA VASANT SHELKE

Registration ID: 105681 Published Paper ID: IJLRA5681

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

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: radhashelke305@gmail.com

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“DIGITAL PIRACY VIS-A-VIS ENTERTAINMENT INDUSTRY: A COPYRIGHT PERSPECTIVE” BY - MANSI VERMA

Authors: MANSI VERMA

Registration ID: 105680 Published Paper ID: IJLRA5680

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

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: Mansi.verma1610@gmail.com

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Critical Analysis Of Legal Framework Of The Internet Banking In India By - Adv. Priyanka Sahebrao Gade

Authors: Adv. Priyanka Sahebrao Gade

Registration ID: 101662 Published Paper ID: IJLRA1662

Year : April -2023 | Volume: II | Issue: 7
Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: priyankagade1121@gmail.com

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CHILD TRAFFICKING AND SEXUAL ABUSE OF WOMEN- A CRITICAL ANALYSIS BY- ABHISHEK RAJ & RIYA KUMARI

Authors: ABHISHEK RAJ & RIYA KUMARI

Registration ID: 101660 Published Paper ID: IJLRA1660

Year : April -2023 | Volume: II | Issue: 7
Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: R21abhishekraj@gmail.com & Riyak2409@gmail.com

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ISSUES AND THE POSH ACT’S EFFECTIVENESS, WITH A FOCUS ON THE HEALTH FIELD By - Mohini Das

Authors: Mohini Das

Registration ID: 101659 Published Paper ID: IJLRA1659

Year : April -2023 | Volume: II | Issue: 7
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Email Id: mohinidas999@gmail.com

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Freedom Of Artistic Expression: A Critical Analysis By - Anindita C Bhaumik

Authors: Anindita C Bhaumik

Registration ID: 101658 Published Paper ID: IJLRA1658

Year : April -2023 | Volume: II | Issue: 7
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Email Id: anindita8991@gmail.com

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Critical Analysis Of Sec.138 Of Negotiable Instruments Act by - Rajeshree R. Jorwar

Authors: Rajeshree R. Jorwar

Registration ID: 101657 Published Paper ID: IJLRA1657

Year : April -2023 | Volume: II | Issue: 7
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Email Id: rajeshree4501@gmail.com

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LAW RELATING TO BAIL FOR UNDER-TRIAL PRISONERS IN THE INDIAN LEGAL SYSTEM By - Harshit Dua & Shelly Dixit

Authors: Harshit Dua & Shelly Dixit

Registration ID: 101655 Published Paper ID: IJLRA1655 & IJLRA1656

Year : April -2023 | Volume: II | Issue: 7
Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: ADVOCATEHARSHITDUA@GMAIL.COM & SHELLYDIXIT36@GMAIL.COM

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

[1] Paul R. Williams & Francesca Jannotti Pecci, 'Earned Sovereignty: Bridging the Gap between Sovereignty and Self-Determination' (2004) 40 Stan J Int'l L 347

[3] Syanthy Christianity, ‘Tensions between Sovereignty and Self-Determination Principles in the UN: UN’s Ambiguity in relation to the West Papua Self-Determination Claims’ (2020), https://www.diva-portal.org/smash/get/diva2:1472851/FULLTEXT02 accessed 13 April 2020

[5] Territorial Integrity | The Princeton Encyclopedia of Self, https://pesd.princeton.edu/node/686 accessed on 13 April 2022

[6] MacFarlane, Neil, and Natalie Sabanadze. ‘Sovereignty and Self-Determination: Where Are We?’ (2013) International Journal 68, no. 4 609,627 < http://www.jstor.org/stable/24709362> accessed 13 April 2022

[12] Syanthy Christianity, ‘Tensions between Sovereignty and Self-Determination Principles in the UN: UN’s Ambiguity in relation to the West Papua Self-Determination Claims’ (2020), https://www.diva-portal.org/smash/get/diva2:1472851/FULLTEXT02 accessed 13 April 2020.

[14] uti possidetis, Legal Information Institute (1986).

^{^[15]} Paul R. Williams & Francesca Jannotti Pecci, 'Earned Sovereignty: Bridging the Gap between Sovereignty and Self-Determination' (2004) 40 Stan J Int'l L 347

[16] Declaration of Principles of International Law Concerning Friendly Relations 1970

^{^[17]} Paul R. Williams & Francesca Jannotti Pecci, 'Earned Sovereignty: Bridging the Gap between Sovereignty and Self-Determination' (2004) 40 Stan J Int'l L 347

^{^[18]}Paul R. Williams & Francesca Jannotti Pecci, 'Earned Sovereignty: Bridging the Gap between Sovereignty and Self-Determination' (2004) 40 Stan J Int'l L 347

[1] Indian Constitution Article 15(3) provides that the state may not prevent itself from making laws that provide special provisions for women and children

[2] S C Srivastava, Industrial Relations and Labour laws 58 (vikas publishing house pvt.ltd. 2018)

[3] Indian Penal Code, 1860, Sec.354; Act No.45 of 1860 (India)

[4] Rajesh Arora, “Prevention of Sexual Harassment of Women at workplace: Need for changes in policy”, page 554, Chartered Secretary(ICSI), (2014)

[5] Handbook on Sexual Harassment of women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Government of India (Ministry of Women and Child Development) 8, (2014)

[6] Workmen’s Compensation Act, 1923, s.3, No. 8, Acts of Parliament, 1923 (India).

[7] Nikunj Keyal, Sexual Harassment of women at workplace, LEGAL SERVICES INDIA (Feb. 14, 2023, 21:19 pm), https://www.legalservicesindia.com/article/2114/Sexual-Harassment-of-Women-at-Workplace.html

[8] International Labour Organization Discrimination (Employment and Occupation) Convention 1958 (No.111), ratified by India in 1960

[9] Vishaka Singh v. State of Rajasthan, (1997) 6 SCC 241

[11] Mukesh and another v. State (NCT Delhi) and others, (2017) 6 SCC 1

[14] Ruchika Singh Chhabra vs. Air France India and another., 2018 SCC Online Del 9340

[16] The Sexual Harassment of Women at Workplace Act, 2013

[17] Sec. 2(m) of the Sexual Harassment of Women at Workplace The Act, 2013

[18] Handbook on Sexual Harassment of women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Government of India (Ministry of Women and Child Development) 8, (2014)

[1] 1 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985 available

[2] Criminal Injuries Compensation Act, 1995 (U.K.), Victims and Witnesses Protection Act, 1982 (U.S.A.), Victims’ Rights and Restitution Act, 1999 (U.S.A.).

[3] Law Commission of India, 154th Report on ‘The Code of Criminal Procedure, 1973’ available at

[4] Ram Phal v. State (Criminal Appeal 1415/2012) dated 28-05-2015

[5] First proviso to section 154(1), Code of Criminal Procedure, 1973.

[1] The theory of Economic Development; an inquiry into profits, capital and the business cycle. The Dynamic analysis of innovation and diffusion: A study in process control, Thomson Learning 1989.

[2] Lindley LJ in hanfstaengl v. Empire palace (1894) 3 Ch 109 at p. 128 quoted in British leyland v. Armstrong (1984) FSR 591 at p. 608 (C.A.)

[3] Gramophone Co. V. Birender Bahadur Pandey, AIR 1984 SC 667 at p. 676

[4] Stewart, International Copyright and Neighbouring Rights, Butterworths, 2^nd edition p. 13. 1989

[5] William cornish, davis ilewelyn, tanyaaplin, intellectual property: patents, copyrights, trademarks and allied rights, 8^th edition, sweet and maxwell, pp, 451-475, 2013.

[6] Mark T. Bender and Yongsheng Wang, “ the impact of digital piracy on music sales: a cross-country analysis, Source,” International Social Science Review, Vol. 84, p. 155-170, (2009)

[7] “subject to the provision of this Act, the author of a work shall be the first owner of the copyright therein”

[8] “the owner of a copyright in an existing work or the ptrospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitation and either for the whole of the copyright or any part thereof.”

[9] “The owner of the copyright in any existing work or the prospective owner of the copyright in any future work may grant any interest in the right by license in writing by him or by his duly authorized agent.”

[10] “Provides for compulsory license in work with held from the public.”

[11] “For the purpose of this Act copyright means exclusive right subject to the provision of this Act to do or authorizethe doing of any of the following act in respect of a work or any substantial part thereof.”

[13] Infringing copy if such reproduction, copy or sound recording is made or imported in contravention of the provision of This Act.”

[14] “The owner of any right conferred by this Act in respect of any work or any performance embodied in such work or his duly authorized agent may give notice in writing to the commissioner of custom, or to any other officer authorized in this behalf by central board of excise and customs.”

[15] “K. R. Venugopala Sarma v. Sangu Ganesan, 1972 Cri LJ 1098 (Mad) was a case of infringement of copyright in picture and it was held that an infringement of the copyright was complete even though the reproduction was not exact, but the effect on the mind by study of the two pictures was that the respondent's picture was nothing but a copy of the plaintiff's picture. The Court while applying the various tests observed as follows (at p. 1100).”

[16] MPDA published in FICCI- KPMG Report 2015.

[17] “Provides for the certain acts not to be infringement of copyright clause (c) provides that transient or incidental storage of a work or performance for the purpose of providing electronic links, access or integration has not been expressly prohibited by the right holders, unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy.

[18] “Provides for acts not constitute as an infringement of copyright.”

[19] “Provides for disposal of infringing copies or plates for purpose of making infringing copies.”

[20] “No court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offense under this act.”

[21] This provision provides for the counterfeit it means who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced”

[22] This provision provides for the counterfeit it means who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced”

[23] This provision defines cheating it provides that whoever by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat. A dishonest concealment of fact is a deception within the meaning of this section.”

[24] “This provision deals with punishment for cheating, it provides that whoever cheat shall be punished with imprisonment of either description for a term which may extend to 1 year or with fine or with both.”

[25] “It provides for information as to non-cognizable cases and investigation of such cases.”

[26] “Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should made, search should be made and if such person is woman, the search shall be made by another woman with strict regard to decency.”

[28] International Copyright Law Survey".Mincov Law Corporation.

[29] V.J.Taraporevala (2013),Law of intellectual property, 2nd edition, P 1205 para

[30] Nimmer, David (2003). Copyright: Sacred Text, Technology, and the DMCA. Kluwer Law International’s. 63.

[32] “Power of the police to seize infringing copies it provides that any police officers not below the rank of a sub- inspector, may if he is satisfied that an offence under section 63 in respect of the infringement of copyright in any work has been, is being or is likely to be committed ,seize without warrant all copies of the work and be produced before a magistrate”

[33] “Any person who knowingly infringes or abets the infringement of the copyright in a work or any other right conferred by this act shall be punishable with imprisonment for a term which shall not be less than 6 months but which may extend to 3 years and with fine which shall not be less than 50 thousand rupees but which may extend to two lakhs rupees.”

[34] Bryan A. Garner(ed), “Black’s Law Dictionary”8th ed. 2004,Thomson West, U.S.A.P. 1186

[35] Article 15, Note 14, Section 2: Civil and Administrative Remedies, Part III – Enforcement of Intellectual Property Rights, TRIPS.

[36] Shah,Vikas, “The role of Film in Society” an exclusive interview with Tom Sherak,” The Academy of Motion Picture Arts and sciences, thought June 2001.

[37] Gould,D.M and WC Gruben, “The Role of Intellectual Property Rights in Economic Growth” Journal of Development Economics,vol.48,p.323-350,1996

[38] Cinema has become a powerful vehicle for culture, leisure, education and propaganda. in a 1963 report for the united nation educational scientific and cultural organization looking at Indian cinema and culture, the author (Baldoon Dhingra) quated a speech by Prime Minister Nehru who stated, “…the influence in India of films is greater than newspapers and books combined.” Even at this early stage in cinema, the Indian film-market catered for over 25 million people a week- considered to be just a ‘fringe’ of the population.

[39] Chittor P.Krishnan, “Growing Markets – Grey or White”, Hindu Business Line dated on 24th April, 2000.

[41] American Society of Composers, Authors and Publishers

[43] American Society of Composers Authors And Publishers

[44] Priti H. Doshi, Copyright Problems in India Affecting Hollywood and “Bollywood,” (2003).

[45] Term ‘ Infringing copy is defined under Section 2 (m) of the Copyright Act, 1957

[46] Section 51 (b) of the Copyright Act, 1957

[48] Business Software Alliance study and report, 2003

[49] S.K.Verma and Raman Mittal (2013),Legal dimensions of cyberspace, 2nd edition p. 115 para 4

[50] Ticketmaster Corp v. Microsoft Corp No 97 -3055 CD DA, Complaint filed on April 1997.

[1] R.N. CHOUDHARY, BANKING LAWS, 271 (3rd Ed. 2014).

[2] Section 5(c), The IT Act, 2000, No. 21, Act of Parliament, 2000 (India).

[3] Divya K, Legal Aspects of Internet Banking in India, Volume 2, Issue, IJLMH, 22, 19-20, 2019.

[4] Reserve Bank of India, REPORT ON INTERNET BANKING, (22 Jun. 2001),

[5] S.N GUPTA, THE BANKING LAW, 112, (14th Edition, 2015).

[6] Section 3(2), The IT Act, 2000, No. 21, Act of Parliament, 2000 (India).

[7] Reserve Bank of India, GUIDELINES ON INTERNET BANKING IN INDIA

[8] Chapter III of The IT Act, 2000, No. 21, Act of Parliament, 2000 (India).

[9] Validity of contracts formed through electronic means.

[11] Penalized under Section 72 of The IT Act, 2000, No. 21, Act of Parliament, 2000 (India).

[12] Section 424: Dishonest or fraudulent removal or concealment of property, Indian Penal Code, Act No 45 of The Imperial Legislative Council, 1860.

[13] Section 411 IPC: Dishonestly receiving stolen property, Indian Penal Code, Act No 45 of The Imperial Legislative Council, 1860.

[14] Section 66-C IT Act: Identity theft and cheating by personation, The IT Act, 2000, No. 21, Act of Parliament, 2000 (India).

[15] Section 468 of IPC, Indian Penal Code, Act No 45 of The Imperial Legislative Council, 1860.

[17] Dr. Prof Renu & Mr. Kuldeep Singh, The Impact of E Banking on use of Banking Services and customer satisfaction IJTSRD, Volume 3, Issue 4, Pg. 23.

[1] Alfredo Casella, Otis Kincaid, What is Art?, 8, Oxford University Press, 1, 1, (1922).

[2] Mataichi Miya, What Is Art?, 217, The North America Review, , 829, 829, (1923).

[4] Dr. Derek Fincham, How Law Defines Art, 14 J. MARSHALL REV. INTELL. PROP. L. 314, 314 (2015).

[5] A.J. Close, Commonplace Theories of Art and Nature in Classical Antiquity and in the Renaissance, 30 JHI, 467, 467, (1969).

[11] Jonathan Barrett, If Philosophers Can't Tell Us What Art Is, Can Officials?, 15 J. Australasian TAX Tchrs. Ass'n 13 (2020).

[12] Leonard D. DuBoff, What Is Art - Toward a Legal Definition, 12 Hastings COMM. & ENT.L.J. 303 (1989).

[13] Copyright Act, 1957, No. 14, Acts of Parliament, 1957 (India).

[14] Abhinav Chandrachud, Republic of Rhetoric: Free Speech and the Constitution of India, 1, Penguin Random House, (2017).

[18] Ayush Kumar, Reasonable Restriction regarding freedom of Speech and Expression, 2 LAW Essential J. 255, 255, 257, (2021).

[21] Hashneet Kaur & Kritika, Freedom of Speech and Expression: An Overview, 3 INT'l J.L. MGMT. & HUMAN. 1072 (2020).

[22] Soli J. Sorabjee, Freedom of Expression and Censorship: Some Aspects of the Indian Experience, 45 N. IR LEGAL Q. 327, 327, (1994).

[23] Madhavi Goradia Divan, Facets of Media Law, 597, 2^nd Edition, Reprinted 2018, (2006).

[27] Indian Express Newspaper vs. Union of India 1986 AIR 515.

[28] Life Insurance Corporation & Ors. vs. Prof. Manubhai D Shah & Cinemark Foundation, AIR 1993 SC 171.

[31] Hashneet Kaur & Kritika, Freedom of Speech and Expression: An Overview, 3 INT'l J.L. MGMT. & HUMAN. 1072, 1075-1076, (2020).

[32] Adrita Ghosh, Freedom of Speech and Expression: Relevance in Democracy, 2 Jus Corpus L.J. 752, 753 (2022).

[33] Association for Democratic Reforms vs. Union of India, AIR 2001 Delhi 126.

[35] Taruna Nayyar, Cyber Bullying and Online Freedom of Speech and Expression in India, 4 INT'l J.L. MGMT. & HUMAN. 2639 (2021).

[36] John Hospers, The Concept of Artistic Expression, 55 OUP on behalf of Aristotelian Society, 313, 315 (1954-1955).

[38] United Nations Human Rights Council (UNHRC) 23^rd Session Report of Special Rapporteur in the field of Cultural Rights, Fareeda Shaheed (14 March 2013), UN Doc A/HRC/23/34, 9.

[40] S.P Gupta vs. Union of India, 1981 Supp SCC 87.

[41] United Nations Human Rights Office of the High Commissioner, Artistic Freedom: Special Rapporteur in the field of cultural rights, Office of the High Commissioner of Human Rights, UN Doc A/HRC/23/34, A/HRC/37/55.

[42] United Nations (General Assembly), 1966, “International Covenant on Economic, Social and Cultural Rights”. Treaty Series 999 (December): 171.

[43] United Nations (General Assembly), 1966, “International Covenant on Civil and Political Rights”. Treaty Series 999 (December): 171.

[44] UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 217 A (III).

[45] United Nations Human Rights Council (UNHRC) 23^rd Session Report of Special Rapporteur in the field of Cultural Rights Fareeda Shaheed (14 March 2013), UN Doc A/HRC/23/34.

[48] United Nations Human Rights Council, 22^nd Session Report of the United Nations High Commissioner for Human Rights, Office of the High Commissioner for Human Rights, (11 January 2013), UN Doc A/HRC/22/17/Add.4.

[50] UN General Assembly, International Convention on the Elimination of All Forms of Racial Discrimination, 21 December 1965, United Nations, Treaty Series 660.

[52] Maqbool Fida Husain v/s Raj Kumar Pandey, 2008 SCC OnLine Del 562.

[55] Kedar Nath vs. Union of India, 1995 (1) SCALE 521.

[56] Indian Penal Code, 1860, Act No. 45 of 1860, Acts of Parliament, 6^th October (1860).

[57] Brij Bhushan v/s The State of Delhi, 1950 AIR 129.

[58] K.A. Abbas v/s Union of India & Anr., 1971 AIR 481.

[4] As per RBI Notification No. RBI/2011-12/251, DBOD.AML BC. No. 47/14.01.001/2011-12, dated 4th November 2011 (with effect from 01-04-2012) the validity period of Cheques, Demand Drafts, Pay Orders and Banker's Cheques will be reduced from six (6) months to three (3) months, from the date of mentioned in the instrument.

[12] Criminal Misc. Application No. 13062 of 2011

[15] Rohan Tiwari, Decriminalization of Dishonor of Cheques -A step Backwards, BAR AND BENCH (https://www.barandbench.com/columns/decriminalization-of-dishonor-of-cheques-a-step-backwards)

[24] Dayawati v. Yogesh Kumar Gosain 2017 SCC Online Del 11032.

[25] Settlement of disputes outside the Court: (1) Where it appears to the court that there exist elements of a settlement which may be acceptable to the parties, the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observation of the parties, the court may reformulate the terms of a possible settlement and refer the same for-

a) arbitration;

b) Conciliation

c) judicial settlement including settlement through Lok Adalat; or

d) mediation.

Where a dispute had been referred-

a) for arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996 shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that Act.

b) to Lok Adalat, the court shall refer the same to the Lok Adalat in accordance with the provisions of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 and all other provisions of that Act shall apply in respect of the dispute so referred to the Lok Adalat;

c) for judicial settlement, the court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authority Act, 1987 shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act;

d) for mediation, the court shall affect a compromise between the parties and shall follow such procedure as may be prescribed.

[26] Meters and Instruments (P) Ltd. v. Kanchan Mehta (2018) 1 SCC 560.

[27] Power to stop proceedings in certain cases: In any summons- case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.

[28] Order to pay compensation: (1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied-

a) in defraying the expenses properly incurred in the prosecution;

b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court;

c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855 ), entitled to recover damages from the person sentenced for the loss resulting to them from such death;

d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto,

(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal,

(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced,

(4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision,

(5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section.

[29] Money ordered to be paid recoverable as a fine: Any money (other than a fine) payable by virtue of any order made under this Code, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine:

Provided that Section 421 shall, in its application to an order under Section 359, by virtue of this section, be construed as if in the proviso to sub-section (1) of Section 421, after the words and figures 'under Section 357', the words and figures 'or an order for payment of costs under Section 359' had been inserted.

[30] Judgment in cases tried summarily: In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.

[31] Presumption in favour of holder: It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, of any debt or other liability.

[5] BARE ACT, THE CODE OF CRIMINAL PROCEDURE, 1973 (2 OF 1974) , AMBITION PUBLICATIONS, NEW DELHI

[6] BARE ACT, THE CODE OF CRIMINAL PROCEDURE, 1973 (2 OF 1974) , AMBITION PUBLICATIONS, NEW DELHI

CONFLICT BETWEEN STATE SOVEREIGNTY AND SELF-DETERMINATION BY - JAHNAVI DAGA

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