Obesity is a major health challenge worldwide. Apart from known health hazards such as heart disease and diabetes, it can also prevent sexual intimacy and may ruin your social life, experts say. India is home to the third-highest number of obese and overweight people, according to recent reports.

Obesity is categorised on the basis of BMI, which is defined as the body mass divided by the square of the body height and is universally expressed in units of kg/m2, resulting from mass in kilograms and height in metres.

Further, apart from the physical intimacy, obesity may also affect the social life, as overweight or obese people are more prone to being bullied, humiliated or ostracised. They are also more likely to engage in bullying behaviour.

The fear of bullying may also lead them to exercise less and stay indoors.

Obesity creates a negative self-image. An individual feels demotivated and there’s lack of self-confidence. Such people are unable to accept their weight and their size can leave them sleeping single in a double bed,” Deep Goel, Director (Department of Bariatrics) and Gastrointestinal Onco Surgeon, BLK Super Speciality Hospital, told IANS.

Human beings are social animals, and the tenor of someone’s social life is one of the most important influences on their mental and physical health. Without positive, durable relationships, both minds and bodies can fall apart.

As humans, social interaction is essential to every aspect of our health. Research shows that having a strong network of support or strong community bonds fosters both emotional and physical health and is an important component of adult life. Over the years, there have been a number of studies showcasing the relationship between social support and the quality of physical and psychological health.

Obesity is a social issue. An overweight person may worry about what others think. When people judge you unfairly, it can make you feel like it’s your fault. Well-meaning parents, siblings, or friends can sometimes make things worse by making “suggestions” about food or exercise. These good intentions may come across as criticism. Some teens that are overweight are teased or bullied.

Teasing and bullying can make you feel sad or embarrassed. Fear of being judged or rejected might make you shy away from people. You may stop doing things you enjoy. But the best thing to do is to take your mind — and other people’s — off your weight and back onto you as a person. The most common way to determine if a person is overweight or obese is to calculate body mass index (BMI). BMI is an estimate of body fat based on comparing a person’s weight to his or her height.

So it clearly shows that weight discrimination is a part of the obesity problem and not the solution. So, everyone, including doctors, should stop blaming and shaming people for their weight and offer support, and where appropriate, treatment because when confidence fades and self-esteem takes a beating, it’s harder to stick with a weight loss program.

Discriminating against slim, overweight or obese, people does not help them to lose weight. In fact, the embarrassment, humiliation and stress they feel from such discrimination are likely to cause them to gain weight not to lose weight.

Previous research has shown that people who are stigmatized for being overweight are more likely to engage in behaviour that promote obesity, including problematic eating, avoidance of physical activity and a refusal to restrict their food intake.

conclusion

Obesity can lead to sudden death, heart attack, diabetes and may unwanted illnesses. Stop it by making healthy choices.

serious measures are to be taken to fight against this dreadful phenomenon that is spreading its wings far and wide. Giving proper education on benefits of staying fit and mindful eating is as important as curbing this issue. Utmost importance must be given to healthy eating habits right from the small age so that they follow the same until the end of their life.

References

1.enwikipedia.org

2.www.tegonity.com

Black Racers are very fast-moving, non-venomous, black snakes with a bluish cast to their scales. Other local common names for this handsome snake are Black Runner, Blue Racer, and Blue Runner.

Most Racers do not enjoy being handled. Black racers eat mostly mice and rats, so are extremely beneficial snakes to have around.

Racers move very quickly and can be out of sight in the blink of an eye.

Black Racers hunt down their prey. They move quickly along the forest floor, with their head held high, always alert. When prey is detected, Racers quickly grab it and swallow it whole, sometimes while it is still alive.

The “constrictor” in their scientific name is a misnomer. I suppose, it was once thought that they squeezed their prey, but now scientists know that they don’t. However, the name stuck.

Notice the hint of blue where the sun is hitting the scales of this young Black Racer. This is why some people in Louisiana call them Blue Runners.

There is also a species of Racer which inhabits other parts of the United States which is called the Blue Racer. Common names can be deceiving, with different species being given the same common name or with the same species being called different common names in separate locations.

The odd looking “kinked” posture of this individual is often seen. Some believe that this is a defense mechanism. They look a lot like a fallen branch.

Another defensive reaction is that when threatened, if running away is not successful, they will hide in the brush and rattle their tails in dry leaves, sounding much like a rattlesnake.

Very young black racers are marked differently from the adult of the species. The young are speckled with black, white and tan spots. As they age, they darken into adult coloration.

Black Racers have a reputation for biting when they are caught. It seems that they develop this defense mechanism very early in life.

Political crisis has manifolded in the state of Rajasthan. Chief Minister Ashok Gehlot has come face to face with the Governor of the State and therefore demanding special session regarding the Pilot case.

The name proposed for the campaign is ‘Prajatantra ke liye bolo’. The ancillary unit of the State has said that BJP is trying to call off the Congress government in Rajasthan by foul means and for which they will surround the Rajbhavan.

Party workers have even started a protest on zonal level from 25th July. CM Ashok Gehlot stated that even if they have to start a protest outside 7 Kalidas marg they will not hesitate to do so.

On the other hand, BJP has also given a statement saying that the congress cannot call the session by force. “The Supreme Court will have a hearing on 27th July regarding the matter of Sachin Pilot and 19 of his MLA’s disqualification”, said speaker C.P Joshi.

efinition of corporate social responsibility (CSR)

Movement aimed at encouraging companies to be more aware of the impact of their business on the rest of society, including their own stakeholders and the environment. 

Corporate social responsibility (CSR) is a business approach that contributes to sustainable development by delivering economic, social and environmental benefits for all stakeholders.

CSR is a concept with many definitions and practices. The way it is understood and implemented differs greatly for each company and country. Moreover, CSR is a very broad concept that addresses many and various topics such as human rights, corporate governance, health and safety, environmental effects, working conditions and contribution to economic development. Whatever the definition is, the purpose of CSR is to drive change towards sustainability.

Although some companies may achieve remarkable efforts with unique CSR initiatives, it is difficult to be on the forefront on all aspects of CSR. Considering this, the example below provides good practices on one aspect of CSR – environmental sustainability.

Example

Unilever is a multinational corporation, in the food and beverage sector, with a comprehensive CSR strategy. The company has been ranked ‘Food Industry leader’ in the Dow Jones Sustainability World Indexes for the 11 consecutive years and ranked 7th in the ‘Global 100 Most Sustainable Corporations in the World’.

One of the major and unique initiatives is the ‘sustainable tea’ programme.  On a partnership-based model with the Rainforest Alliance (an NGO), Unilever aims to source all of its Lipton and PG Tips tea bags from Rainforest Alliance Certified™ farms by 2015.  The Rainforest Alliance Certification offers farms a way to differentiate their products as being socially, economically and environmentally sustainable. 

ReplyForward

article 227 in The Constitution Of India 1949227. Power of superintendence over all courts by the High Court(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction(2) Without prejudice to the generality of the foregoing provisions, the High Court may(a) call for returns from such courts;(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces supreme court provisions

323A. Administrative tribunals.- (1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government.(2) A law made under clause (1) may— (a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States; (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals; (c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals; (d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to the disputes or complaints referred to in clause (1); (e) provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment; (f) repeal or amend any order made by the President under clause (3) of article 371D; (g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals. (3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.

Interview with-

ABHISHEK RITABH SHUKLA

LAWYER,SUPREME COURT OF INDIA

LLB ,UNIVESITY OF DELHI

Sir, what are your views on current legal education system in country?

 I am happy to see that youths are joining more as compared earlier to the law courses the numbers have increased in last 5 years also the 5 year courses are providing great platform to students who want to make carrier in law after 12^th exams its providing a maturity level to the new minds .many institutes are offering nice law programmes with great sallybus which was not at our point of time .moot courts ,client councelling ,debate competitions are giving confidence to the students but at the same time they are seeing it as business and charging lots of money which should be stopped. after all the law courses has got entry into new era of education and by which I am happy .

Sir, you are a supreme court lawyer how u see the fairness in delivering justice there ?

The supreme court is the last court of appeal everybody in the country blindly trust on its proceedings .the decisions are solely made out of considering all legal factors and following rules nobody could question its proficiency in delivering justice .there had been certain issues regarding the interference of political party few months ago which I think was only a rumour or misunderstanding of judges  which has been solved .

Sir if u had been legislature what one law u wish and will try to pass?

That’s, a real journalist question[laughing] see there are several law which I wish to pass but most eminent one is right to recall [RTR] it is the most important law which are not being passed by the legislatures till now .it will the real sense of democracy as the people will get the full freedom to remove the selected legislatures when he/she refuses or not fulfil the task for which they are selected they should must not enjoy the 5 years in making money and indulging in the corruption and looting the money of innocent people

Sir, what challenges u had faced during early days of practice?

Oh that was really hard I use to woke up at 5 in the morning and I had to reach at 7 am at my senior office which was a tough dtc ride of 1 and a half hour some time it was so crowded that I felt today I am going to fell out of it. Working all day including 15 min of break for lunch I get exhausted .i worked in district courts , high courts ,supreme court with my senior . I always remember the day when I got my first reward of rs 500 after we won a case my sir called me and gave me my hard work reward tears roll out of my eyes .some times my senior ask me to go at his house and deliver vegetables to his wife .it was really a tough journey. But after all I had gained much knowledge and experience out of that journey for which I am thankful to my senior .

What advise you will give to the law students in shaping their career ?

See the biggest advise I will give to my upcoming lawyers that please do not panic and be patient u will surely get a big success in your life that will make you big and for this they have to continue it without giving up .read as much as u can like free material on web and text books , daily newspaper will keep u updated ,case laws and participate in all co ciricullar activities .and at last be honest with yourself because you are the future of this country .

Thanks a ton ,sir

Alternative Dispute Resolution
The concept of Alternative Dispute Resolution (ADR) mechanism is capable of providing a
substitute to the conventional methods of resolving disputes. ADR offers to resolve all type
of matters including civil, commercial, industrial and family etc., where people are not being
able to start any type of negotiation and reach the settlement. Generally, ADR uses neutral
third party who helps the parties to communicate, discuss the differences and resolve the
dispute. It is a method which enables individuals and group to maintain co-operation, social
order and provides opportunity to reduce hostility 1 .

Various modes of Alternative Dispute Resolution

Arbitration
The process of Arbitration cannot exist without valid arbitration agreement prior to the
emergence of dispute. In this technique of resolution parties refer their dispute to one or more
persons called arbitrators. Decision of arbitrator is bound on parties and their decision is
called ‘Award’. The object of Arbitration is to obtain fair settlement of dispute outside of
court without necessary delay and expense.

Any party to a contract where arbitration clause is there, can invoke arbitration clause either
himself or through their authorized agent which refer the dispute directly to the arbitration as
per the Arbitration clause. Here, arbitration clause means a clause that mention the course of
actions, language, number of arbitrators, seat or legal place of the arbitration to be taken
place in the event of dispute arising out between the parties.

Procedure

 Initially, applicant initiates an arbitration by filing a statement of claim that
specifies the relevant facts and remedies. The application must include the
certified copy of arbitration agreement.

1 https://blog.ipleaders.in/adr-alternative-dispute-resolution/

 Statement of claim is a written document filed in the court or tribunal for judicial
determination and a copy also send to the defendant in which claimant described
the facts in support of his case and the relief he seeks from the defendant.
 The respondent reply to the arbitration by filing an answer against the arbitration
claim of claimant that specifies the relevant facts and available defences to the
statement of claim.
 Arbitrators selection is the process in which the parties receive lists of potential
arbitrators and select the panel to hear their case.
 Then there is the exchange of documents and information in preparation for the
hearing called ‘Discovery’.
 The parties meet in persons to conduct the hearing in which the parties present the
arguments and evidences in support of their respective cases.
 After the witnesses examined and evidences are presented, then there in
conclusion arbitrator gives an ‘Award’ which is binding on the parties. 2

Mediation
Mediation is an Alternative Dispute resolution where a third neutral party aims to assist two
or more disputants in reaching agreement. It is an easy and uncomplicated party centered
negotiation process where third party acts as a mediator to resolve dispute amicably by using
appropriate communication and negotiation techniques.  This process is totally controlled by
the parties. Mediator’s work is just to facilitate the parties to reach settlement of their dispute.
Mediator doesn’t impose his views and make no decision about what a fair settlement should
be.

Conciliation
Conciliation is a form of arbitration but it is less formal in nature. It is the process of
facilitating an amicable resolution between the parties, whereby the parties to the dispute use
conciliator who meets with the parties separately to settle their dispute. Conciliator meet
separately to lower the tension between parties, improving communication, interpreting issue
to bring about a negotiated settlement  There is no need of prior agreement and cannot be
forced on party who is not intending for conciliation. It is different from arbitration in that
way.
2 http://lexisnexis.in/law-and-practice-of-alternative-dispute-resolution-in-india-a-detailed-analysis.htm

Lok Adalat
Lok Adalat is called ‘People’s Court’ presided over by a sitting or retired judicial officer,
social activists or members of Legal profession as the chairman. National Legal Service
Authority(NALSA) along with other Legal Services Institutions conducts Lok Adalats on
regular intervals for exercising such jurisdiction.  Any case pending in regular court or any
dispute which has not been brought before any court of law can be referred to Lok Adalat.
There is no court fees and rigid procedure followed, which makes the process fast. If any
matter pending in court of referred to the Lok Adalat and is settled subsequently, the court fee
originally paid in the court when the petition filed is also refunded back to the parties.   

Parties are in direct interaction with the judge, which is not possible in regular courts. It
depends on the parties if both the parties agree on case long pending in regular court can be
transferred to Lok Adalat. The persons deciding the cases have the role of statutory
conciliators only, they can only persuade the parties to come to a conclusion for settling the
dispute outside the regular court in the Lok Adalat. Legal Services Authorities (State or
District) as the case may be on receipt of an application from one of the parties at a pre-
litigation stage may refer such matter to the Lok Adalat for which notice would then be
issued to the other party. Lok Adalats do not have any jurisdiction to deal with cases of non-
compoundable offenses.

LEGISLATIONS OF ADR IN INDIA
Code of Civil Procedure
 The Code of Civil Procedure, 1859 in its sections 312 to 325 dealt with arbitration in suits
while sections 326 and 327 provided for arbitration without court intervention. The Code of
Civil Procedure (Act 5 of 1908) repealed the Act of 1882. The Code of Civil Procedure, 1908
has laid down that cases must be encouraged to go in for ADR under section 89(1). 3  Under
the First Schedule, Order XXXII A, Rule 3 a duty is cast upon the courts that it shall make an
endeavor to assist the parties in the first instance, in arriving at a settlement in respect of the
subject matter of the suit. 4  The second schedule related to arbitration in suits while briefly
providing arbitration without intervention of a court. Order I, Rule 1 of the schedule says that
where in any suit, all the parties agree that any matter in difference between them shall be
referred to arbitration, they may, at any time before judgment is pronounced; apply to the
court for an order of reference. This schedule, in a way supplemented the provisions of the
Arbitration Act of 1899.
Arbitration and Conciliation Act, 1996:
 The government enacted the Arbitration and Conciliation Act, 1996 in an effort to modernize
the 1940 Act. In 1978, the UNCITRAL Secretariat, the Asian African Legal Consultative
Committee (AALCC), the International Council for Commercial Arbitration (ICCA) and the
International Chamber of Commerce (ICC) met for a consultative meeting, where the
participants were of the unanimous view that it would be in the interest of International
Commercial Arbitration if UNCITRAL would initiate steps leading to the establishment of
uniform standards of arbitral procedure. The preparation of a Model Law on arbitration was
considered the most appropriate way to achieve the desired uniformity. The full text of this
Model Law was adopted on 21 st  June 1985 by UNCITRAL. 5 This is a remarkable legacy
given by the United Nations to International Commercial Arbitration, which has influenced
Indian Law. In India, the Model Law has been adopted almost in its entirety in the 1996
Act. This Act repealed all the three previous statutes. Its primary purpose was to encourage
arbitration as a cost-effective and quick mechanism for the settlement of commercial
disputes. It covers both domestic arbitration and international commercial arbitration.It
marked an epoch in the struggle to find an alternative to the traditional adversarial system of
litigation in India.
The changes brought about by the 1996 Act were so drastic that the entire case law built up
over the previous fifty-six years on arbitration was rendered superfluous. Unfortunately, there
was no widespread debate and understanding of the changes before such an important
legislative change was enacted. The Government of India enacted the 1996 Act by an
3 Civil Procedure Code, 1908 as amended and implemented in 2002.
4 Civil Procedure Code 1908, Order XXXII A Rule 3
5 P.C. Rao & William Sheffield, Universal Law Publishing Co. Pvt. Ltd., Alternative Dispute Resolution: What
is it and how it works, at 26(1997 ed., 2006).

ordinance, and then extended its life by another ordinance, before Parliament eventually
passed it without reference to Parliamentary Committee.
Arbitration, as practiced in India, instead of shortening the lifespan of the dispute resolution,
became one more “inning” in the game. Not only that, the arbitrator and the parties’ lawyers
treated arbitration as “extra time” or overtime work to be done after attending to court
matters. The result was that the normal session of an arbitration hearing was always for a
short duration. Absence of a full-fledged Arbitration Bar effectively prevented arbitrations
being heard continuously on day-to-day basis over the normal working hours, viz. 4-5 hours
every day. This resulted in elongation of the period for disposal.
Veerappa Moily also said in the ADR congress held in the year 2010 that the 1996 Act,
although modeled along international standards, has so far proved to be insufficient in
meeting the needs of the business community, for the speedy and impartial resolution of
disputes in India.The Law Commission of India prepared a report on the experience of the
1996 Act and suggested a number of amendments. Based on the recommendations of the
Commission, the Government of India introduced the Arbitration and Conciliation
(Amendment) Bill, 2003, in the Parliament. The standing committee of law ministry felt that
provisions of the Bill gave room for excessive intervention by the courts in arbitration

SHARES:

A unit of ownership that represents an equal proportion of a company’s capital. It entitles its holder (the shareholder) to an equal claim on the company’s profits and an equal obligation for the company’s debts and losses.
Two major types of shares are (1) ordinary shares (common stock), which entitle the shareholder to share in the earnings of the company as and when they occur, and to vote at the company’s annual general meetings and other official meetings, and (2) preference shares (preferred stock) which entitle the shareholder to a fixed periodic income (interest) but generally do not give him or her voting rights.

TYPES OF SHARES :

 Ordinary shares

Ordinary shares are the most common type. They carry one vote per share and they entitle the owner to participate equally in the company’s dividends. If the organisation is wound up, the proceeds are again allocated equally.

Ordinary shares carry voting rights but rank after preference shares with regards to rights to capital, in the event that the business is wound-up. It’s possible to break these shares down into different classes, which will be explained later.

2. Non-voting shares

Non-voting ordinary shares usually carry no right to vote and no right to attend general meetings. These shares are usually given to employees so that remuneration can be paid as dividends for the purposes of tax efficiency for both parties.

3. Preference shares

Preference shares entitle the owner to receive a fixed amount of dividend every year. This is received ahead of individuals that hold ordinary shares. It is also usually as a percentage of the nominal value (the value stated when the shares were issued).

4. Redeemable shares

Redeemable shares are issued on the terms that the company will/may buy them back at a future date. This is either fixed or, set at the director’s discretion. It’s usually done with non-voting shares given to employees so that if the employee leaves, the shares can be taken back at their nominal value.

Transfer and Transmission of Shares

Shares are like any other goods. A purchaser gets no better title than the seller .

The capital of a company is divided into a number of undividable units of a preset amount called ‘shares ‘. The Supreme Court of India in CIT v. Standard Vacuum Oil Co, observed, that a share is an interest measured by a sum of money and made up of diverse rights conferred on it.  It implies the existence of some person entitled to the rights, which are rights in action as distinct from rights in possession, and until the share is issued the person does not exist. 

Transferability is an important feature of a share in a company registered under the Companies Act, from which emanates another feature of a company- perpetual succession. It endows a company with perpetual and uninterrupted existence. Upon incorporation, a company acquires its own independent legal personality and legal entity in the company. Section 82  states that the share shall be a movable property and transferable in a manner provided by the articles of the company. It has, however, been consistently held by the courts that subject to restrictions imposed by the articles, a shareholder is free to transfer shares to a person of his own choice and that the articles cannot put a complete ban or unreasonable restriction on the transfer. While shares in a private company are not freely transferable and are subject to the restrictions imposed by the articles of the company, shares in a public company are freely transferable  . There are different types of transfer such as transfer of share by gifts, in case of joint holdings and transfer in private companies. 

Transfer of shares is a transaction resulting in a change of share ownership. A shareholder, whether in public or private company, has a property in his share which he has a right to dispose of, subject only to any express restriction which may be found in the articles of the company .

Transmission is the automatic process; when a shareholder dies, his shares immediately pass to the personal representatives or, if a member is declared bankrupt, their shares will vest in the trustee in bankruptcy .

The Depositories Act, 1996 provides for an alternate mode of effecting transfer of shares. Investors have the choice of continuing with the existing share certificates (i.e., in physical form) and adopt the existing mode of effecting their transfer. Every depository is registered with the SEBI and receives a certificate of commencement of business on fulfillment of such conditions. Upon entry into the system, share certificates belonging to the investor will be dematerialized and their names entered in the books of participants as beneficial owners. The investor’s names in register of companies concerned will be replaced by the name of the depository as the registered owner of the securities. The investors will, however, continue to enjoy the economic benefits from the shares as well as voting rights on the shares concerned

HOW IS SHARE DIFFERENT FROM DEBENTURES:

BASIS FOR COMPARISON	SHARES	DEBENTURES
Meaning	The shares are the owned funds of the company.	The debentures are the borrowed funds of the company.
What is it?	Shares represent the capital of the company.	Debentures represent the debt of the company.
Holder	The holder of shares is known as shareholder.	The holder of debentures is known as debenture holder.
Status of Holders	Owners	Creditors
Form of Return	Shareholders get the dividend.	Debenture holders get the interest.
Payment of return	Dividend can be paid to shareholders only out of profits.	Interest can be paid to debenture holders even if there is no profit.
Allowable deduction	Dividend is an appropriation of profit and so it is not allowed as deduction.	Interest is a business expense and so it is allowed as deduction from profit.
Security for payment	No	Yes
Voting Rights	The holders of shares have voting rights.	The holders of debentures do not have any voting rights.
Conversion	Shares can never be converted into debentures.	Debentures can be converted into shares.
Repayment in the event of winding up	Shares are repaid after the payment of all the liabilities.	Debentures get priority over shares, and so they are repaid before shares.
Quantum	Dividend on shares is an appropriation of profit.	Interest on debentures is a charge against profit.
Trust Deed	No trust deed is executed in case of shares.	When the debentures are issued to the public, trust deed must be executed.

The Information Technology (IT) Act 2000 was amended to allow for the admissibility of digital evidence.  The Information Technology Act, 2000 and its amendment are based on the United Nations Commission on International Trade Law (UNCITRAL) model Law on Electronic Commerce. An amendment to the Indian Evidence Act 1872, the Indian Penal Code 1860 and the Banker’s Book Evidence Act 1891 provides the legislative framework for transactions in electronic world. The e-EVIDENCE can be found in e-mails, digital photographs, ATM transaction logs, word processing, documents, instant message histories, files saved from accounting programs, spreadsheets, internet browser histories databases, Contents of computer memory, Computer backups, Computer printouts, Global Positioning System tracks, Logs from a hotel’s electronic door locks, Digital video or audio files. Digital Evidence tends to be more voluminous, more difficult to destroy, easily modified, easily duplicated, potentially more expressive and more readily available.

Indian evidence act : concerning sections

Sec 3- talks about the documentary and all form of electronic evidence

Sec 59

Sec65a,65b

Section 65B of the Evidence Act details this special procedure for adducing electronic records in evidence. Sub-section (2) lists the technological conditions upon which a duplicate copy (including a print-out) of an original electronic record may be used:

1. At the time of the creation of the electronic record, the computer that produced it must have been in regular use,
2. The kind of information contained in the electronic record must have been regularly and ordinarily fed in to the computer,
3. The computer was operating properly; and,
4. The duplicate copy must be a reproduction of the original electronic record.

The Section 65B of the Evidence Act makes the secondary copy in the form of computer output comprising of printout or the data copied on electronic/magnetic media admissible. It provides:²¹ Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media, produced by a computer shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.

Sec. 65B (2)

The computer from which the record is generated was regularly used to store or process information in respect of activity regularly carried on by a person having lawful control over the period, and relates to the period over which the computer was regularly used; Information was fed in computer in the ordinary course of the activities of the person having lawful control over the computer; The computer was operating properly, and if not, was not such as to affect the electronic record or its accuracy; Information reproduced is such as is fed into computer in the ordinary course of activity.²²

Sec.65 B (3)

The following computers shall constitute as single computer

1. By a combination of computers operating over that period; or
2. By different computers operating in succession over that period; or
3. By different combinations of computers operating in succession over that period; or
4. In any other manner involving the successive operation over that period, in whatever order, of one or more
5. In any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers.

Sec. 65B (4)

Regarding the person who can issue the certificate and contents of certificate, it provides the certificate doing any of the following things: identifying the electronic record containing the statement and describing the manner in which it was produced; giving the particulars of device, dealing with any of the matters to which the conditions mentioned in subsection ﴾ 2 ﴿ relate and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities ﴾whichever is appropriate ﴿ shall be evidence of any matter stated in the certificate and for the purposes of this subsection it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.²³ This contention is further strengthened by the insertion words “Notwithstanding anything contained in this Act” to Section 65A & 65B, which is a non obstante clause, further fortifies the fact that the legislature has intended the production or exhibition of the electronic records by Section 65A & 65B only. A non obstante clause is generally appended to a Section with a view to give the enacting part of the Section, in case of conflict, an overriding effect over the provision in the same or other act mentioned in the non obstante clause. It is equivalent to saying that despite the provisions or act mentioned in the non obstante clause, the provision following it will have its full operation or the provisions embraced in the non obstante clause will not be an impediment for the operation of the enactment or the provision in which the non obstante clause occurs. The aforesaid principles of interpretation with respect to the non obstante clause in form of “Notwithstanding anything contained in this Act” is further supported by the Hon’ble Apex Court in Union of India and Anr., v. G.M. Kokil and Ors.²⁴ observed “It is well known that a non obstante clause is a legislative device which is usually employed to give overriding effect to certain provisions over some contrary provisions that may be found either in the same enactment or some other enactment, that is to say, to avoid the operation and effect of all contrary provisions.” Further, the Hon’ble Apex Court in the case cited as Chandavarkar Sita Ratna Rao v. Ashalata S. Guram,²⁵ explained the scope of non obstante clause as “It is equivalent to saying that in spite of the provision of the Act or any other Act mentioned in the non obstante clause or any contract or document mentioned tahe enactment following it will have its full operation”.

when electronically stored information is offered as evidence, the following tests need to be affirmed for it to be admissible:

1. Is the information relevant.
2. Is it authentic.
3. Is it hearsay.
4. Is it original or, if it is a duplicate, is there admissible secondary evidence to support it; and
5. Does its probative value survive the test of unfair prejudice?

Cases:

Anvar vs basheer

In this regard, relevant oral evidence as to the genuineness of the record can be offered by the Examiner of Electronic Evidence, an expert witness under section 45A of the Evidence Act who is appointed under section 79A of the IT Act. In Sanjaysinh Ramrao Chavan vs. Dattatray Gulabrao Phalke.⁴⁵ The court relying upon the judgment of Anvar case while considering the admissibility of transcription of recorded conversation in a case where the recording has been translated, it was held that as the voice recorder had itself not subjected to analysis, there is no point in placing reliance on the translated version. Without source, there is no authenticity for the translation. Source and authenticity are the two key factors for electronic evidence.

Admissibility of whats app messeges in the court

 In the case of Mok Yii Chek v Sovo Sdn Bhd & Ors [2015] MLRHU 196, the High Court held that print-outs of e-mails and Whatsapp messages fall within the wide meaning of “document” under the Evidence Act. As such, those print-outs can be treated as any other printed document when it comes to admissibility.

The High Court went on to hold that even if a party disputes the genuineness of a print-out of a Whatsapp message, the Whatsapp message may still be admitted as evidence if the following criteria is met:

• The party who adduces the Whatsapp message must prove that the Whatsapp message concerns the existence or non-existence of a fact in issue, or that it is otherwise relevant to the proceedings; and
• The party who adduces the Whatsapp message must meet the procedural requirements of admitting a document produced by a computer (eg: through oral evidence that the print out was produced by the computer in the course of the ordinary use of the computer, or by providing a certificate under Section 90A of the Evidence Act 1950).

In this case, the High Court not only found the Whatsapp messages to be admissible, but added that they should be given “great weight” because of the contemporaneous nature of the Whatsapp messages with the key events in that case.  The High Court also found that the Whatsapp messages can be used to corroborate the oral testimonies of the witnesses, giving them more credibility.

Have there been situations where Whatsapp messages were not admissible?

In the recent Industrial Court case of Mohamad Azhar Abdul Halim v Naza Motor Trading Sdn Bhd [2017] 1 MELR 383, the court refused to attach any weight to a snapshot image of a Whatsapp conversation.  This was the snapshot in question:

In this case, there was a dispute as to whether the Claimant was the person who sent the alleged Whatsapp message. The Industrial Court held that the snapshot did not conclusively prove that the Claimant was the sender, since the image did not show these particulars:

• The Claimant’s name
• The date of the Whatsapp message
• The Claimant’s handphone number
• The Claimant’s profile picture

Further, through a demonstration in Court, the Claimant was able to show the Court that a Whatsapp message can be fabricated, resulting in a fabricated Whatsapp snapshot image of that message.

In another recent case, Nazaruddin Mohd Shariff @ Masari & Ors v Samsyem Saam & Ors [2017] 1 MLRH 594, the High Court found it was “wholly unsafe at this stage of the proceedings to rely on Whatsapp messages as conclusive evidence”.  Here, the Defendants attempted to rely on some Whatsapp messages with the Plaintiffs to prove that the Plaintiffs had allegedly admitted that they were not the rightful beneficiaries of the estate. The High Court concluded that this issue could easily be proven by adducing the “Sijil Faraid”, a formal document which would have conclusively shown the rightful beneficiaries of the estate, which the Defendants failed to do. As such, the High Court refused to admit the Whatsapp messages as evidence.

Commentary

The general principle is that Whatsapp messages can be admissible as evidence.  This is especially where there is no dispute as to the authenticity of the Whatsapp message, and no dispute as to the identity of the parties to the Whatsapp conversation.  Bearing in mind the findings of the cases above, parties who intend to adduce Whatsapp messages as evidence in their court cases should still ensure that:

• the snapshots of their discussions contain the necessary information to identify the sender/recipient of the messages; and
• they don’t wholly rely on Whatsapp messages to build their case, especially when there are other documents available that would be able to conclusively prove the factts

authencticity of documents.:

the documents must be admitted in the court by providing a certificate of autencticity as prescribed  under Section 90A of the Evidence Act 1950. In that that expert issues a certificate after examining the document carefully. These expert are appointed by the government on the basis of expertise in that field.

It’s almost impossible to go through life without experiencing some kind of failure. People who do so probably live so cautiously that they go nowhere. Put simply, they’re not really living at all.
But, the wonderful thing about failure is that it’s entirely up to us to decide how to look at it.

We can choose to see failure as “the end of the world,” or as proof of just how inadequate we are. Or, we can look at failure as the incredible learning experience that it often is. Every time we fail at something, we can choose to look for the lesson we’re meant to learn. These lessons are very important; they’re how we grow, and how we keep from making that same mistake again. Failures stop us only if we let them.
Many of us have probably experienced this at one time or another. The fear of failing can be immobilizing – it can cause us to do nothing, and therefore resist moving forward. But when we allow fear to stop our forward progress in life, we’re likely to miss some great opportunities along the way.
Causes: To find the causes of fear of failure, we first need to understand what “failure” actually means.

We all have different definitions of failure, simply because we all have different benchmarks, values, and belief systems. A failure to one person might simply be a great learning experience for someone else.

Many of us are afraid of failing, at least some of the time. But fear of failure (also called “atychiphobia”) is when we allow that fear to stop us doing the things that can move us forward to achieve our goals.

Fear of failure can be linked to many causes. For instance, having critical or unsupportive parents is a cause for some people. Because they were routinely undermined or humiliated in childhood, they carry those negative feelings into adulthood.

Experiencing a traumatic event at some point in your life can also be a cause. For example, say that several years ago you gave an important presentation in front of a large group, and you did very poorly.

Experience fear of failure:
◆A reluctance to try new things or get involved in challenging projects.
◆Self-sabotage – for example, procrastination, excessive anxiety , or a failure to follow through with goals.
◆Low self-esteem or self-confidence – commonly using negative statements such as “I’ll never be good enough to get that promotion,” or “I’m not smart enough to get on that team.”
◆Perfectionism – A willingness to try only those things that you know you’ll finish perfectly and successfully.
Failure can also teach us things about ourselves that we would never have learned otherwise. For instance, failure can help you discover how strong a person you are. Failing ouat something can help you discover your truest
friends, or help you find unexpected motivation to succeed.

How to stop living in fear.
If you are afraid of failure, you might be uncomfortable setting goals . But goals help us define where we want to go in life. Without goals, we have no sure destination.

Many experts recommend visualization as a powerful tool for goal setting. Imagining how life will be after you’ve reached your goal is a great motivator to keep you moving forward.

However, visualization might produce the opposite results in people who have a fear of failure. Research shows that people who have a fear of failure were often left in a strong negative mood after being asked to visualize goals and goal attainment.