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Indian law books online that every lawyer must read

“Literature always anticipates life. It doesn’t copy it but molds it to its purpose.”

– Oscar Wilde.

Law professors have from time immemorial been using literature to narrate the stories of law. Novels, memoirs, short stories, essays, articles, etc. are used by students and professors together to dissect situations that are generally not discussed in the traditional legal scenario.

But do you know how and where to start with?

No, right.

Numbers will never be enough to say how many books one should read. But it does provide a base for you to begin with. One can always add as many numbers of books as one likes to the list or can choose not to read all of these books mentioned either. Everyone has a different taste, but what we can do is guide everyone who has not gone through these. If you have already read a few books and are searching for others, here is a list for you to figure out some of the books. But if you have not started reading any book other than your law subject books, maybe with the help of these books, you can begin your quest for knowledge. With these books, I would like to give you a bit of insight, and then you can choose accordingly and not judge anything based on the cover, but on the summary of the book. Thus, here are the top ten books I have picked for someone who is a law enthusiast:

1) Civil Procedure with Limitation Act, 1963 with New Chapter On Commercial Courts -by C.K. Takwani

Civil  Procedure  Code by C.K. Takwani provides an interesting and lucid study of the fundamental principles of civil procedure in a logical sequence. The topic-wise treatment of the subject along with references to academic writings and judicial decisions makes the study of civil procedure more meaningful and comprehensible.  This book explains complex legal concepts with clarity and coherence as well as covers all aspects and dimensions of law relating to Civil Procedure and Limitation in India.

2) Administrative Law -by I.P. Massey

The book contains a detailed examination and an elaborate discussion of the principles of administrative law. It includes recent major developments in the field of administrative law and covers exhaustively all major judicial pronouncements which seek to strengthen procedural and substantive safeguards vis-à-vis the administration. The author takes a critical look at the principles of administrative law, showing how they operate in relation to the executive and the citizen.

3) B.M. Gandhi’s Indian Penal Code (IPC) -by Kumar Askand Pandey

The current fourth edition of B.M. Gandhi’s Indian Penal Code revised by Dr. K.A. Pandey is an authoritative commentary on the subject. The author has thoroughly revised and updated this work incorporating the latest statutory and case law developments.

4) Public Interest Litigation- Legal Aid and Lok Adalats -by Mamta Rao

Public Interest Litigation by Dr. Mamta Rao is greatly admired and read by practitioners and students. The book reflects the concern of the judiciary in protecting and preserving the right of an individual to file a PIL, while at the same time addressing the increasing problem of rampant misuse of PIL. The book also discusses the Legal Services Authorities Act which was enacted with an avowed object of settling the disputes between the parties in an amicable manner. This new edition has been extensively revised and updated by Dr. Mamta Rao. The book incorporates all new developments and judicial decisions in the field of public interest litigation, legal aid and Lok Adalats. The author has taken great pains to explain the dynamics of public interest litigation clearly and succinctly.

5) Avtar Singh’s Law of Contract & Specific Relief -by Rajesh Kapoor

Avtar Singh’s Law of Contract and Specific Relief is an authoritative and most sought-after book on the subject. The book deals with the intricacies of contract law in a straightforward and lucid style. It covers many new developing areas in contract law which are of practical and academic importance.

The current thirteenth edition of the book has been thoroughly revised and updated by Prof. Rajesh Kapoor with recent case laws and statutory amendments including the Specific Relief (Amendment) Act, 2018.

6) R.V. Kelkar’s Criminal Procedure -revised by K.N. Chandrasekharan Pillai

This classic work provides an interesting study of the fundamental principles of criminal procedure in a logical sequence. The topic-wise treatment of the subject along with references to academic writings and judicial decisions makes the study of criminal procedure meaningful and comprehensible.

The author has incorporated all recent developments in the field of criminal procedure since the publication of the last edition in 2014.

7) Company Law -by Avtar Singh

Now updated with Supplement containing Companies (Amendment) Acts, 2017, 2019 and 2020 and Highlights of the Companies (Amendment) Act, 2020

The book provides a thorough study of all the new concepts and changes made in Company Law since 2013, including topics such as the requirement of minimum share capital, related party transactions, audit committees, clause 49 of the listing agreement, etc. This book has been updated with the latest provisions regarding special resolutions, use of the common seal, class action suits, shareholder’s rights, provisions for corporate social responsibility, etc.

8) Cyber Crimes -by Talat Fatima

Dr. Talat Fatima’s Cyber Crimes has been thoroughly revised with updated statutes, case laws, and analysis of a new league of cyber crimes that have come into existence in the past few years. Three new chapters addressing Net Neutrality, Dark Web, and Deep-fakes have been added to the third edition.

The book contains detailed chapters on Pure Cyber Crimes, Intellectual Property Crimes, Cloud Computing, Internet Banking, Electronic Signatures, etc. which have been thoroughly updated with the latest developments. The author has also touched on the latest innovations like the Internet of Things, Blockchain Technology, Cryptocurrency, etc. in this edition. New concepts like 5G technology and artificial intelligence have been explained in a lucid manner for her readers to understand easily.

9) V.N. Shukla’s Constitution of India -revised by Prof (Dr.) Mahendra Pal Singh

V.N. Shukla’s Constitution of India has proved itself, over twelve editions, to be the most authoritative and respected academic book on the Indian Constitution. Its outstanding reputation has established it in the foremost rank of classic legal textbooks.

This book has been an ideal study and reference companion for students and practitioners alike and is frequently cited in the courts. The Indian Supreme Court cited the 11th Edition in Indian Medical Association v. Union of India [(2011) 7 SCC 179], the 10thEdition in Rameshwar Prasad (VI) v. Union of India [(2006) 2 SCC 1] and the 7th Edition in Umaji Keshao Meshram v. Radhikabai [1986 Supp SCC 401] while the Constitutional Court of South Africa cited the 9th Edition in Nalandazeli Fose v. The Minister of Safety and Security [Case CCT 44/96].

10) Swamy’s Handbook For CGS (English) -by Muthuswamy, Brinda, Sanjeev

Swamy‘s Handbook is an annual feature covering the entire rules and regulations governing Central Government staff. Each section of the book embraces an individual subject, for which separate compilations are available. Updates for the book are published in our monthly magazine, which is not available in any other book.

All the rules, regulations, codes, and manuals spread over dozens of books running to thousands of pages are presented in the Handbook in the most precise and compendious manner. The presentation is reviewed every year for improvement.

Conclusion

It is therefore important to understand that as every law student or a lawyer or even any law enthusiast, one must never stop reading, for reading only improves you and your thoughts. One must never stop learning new things, for it not only strengthens your vocabulary but also makes you wiser. One can always use skills like these to understand the people who have written their books and learn from them. A wise man had once stated that “a good man learns from his mistakes but an intelligent man learns from the experiences and mistakes of others”. By going through the experiences of the authors, we can understand not just their way of life, but also the way they experienced their situations and handled them. As law enthusiasts, we have to consistently keep reading, only then can we improve upon ourselves. Nevertheless, it is always wise to learn and adapt to something new.

To access must-read books for law students

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Why is Data Protection the need of the hour?

Introduction

“Data is the pollution problem of the information age, and protecting privacy is the environmental challenge”

–Bruce Schneier

It is an undeniable fact that after the advent of the Digital India program, India with its 450 million internet users has entered the “information age”. India is now on the path to becoming a world economy with a growth rate of 7-8%, and a promising future for all the tech companies and global players. The 21st century has seen a massive rise in the use of information and information technology, and India with its billion-plus population has well recognized the need and significance of promoting digital literacy and information protection.

Linking digital economy with personal data

Ever wondered why privacy concerns have been raised only recently? The answer is obvious. Every single transaction or activity on the internet involves some sort of data transaction. This data, at most times, involves some personal data of an individual. Take for example the newer markets and companies that have come up. These work essentially on the data provided by various parties/users. Their business model is based on the personal data and information provided by the users and it is only with these data that these companies actually work. Consider these facts:

  • Uber and Ola do not have their own vehicle fleet;
  • Facebook and Instagram, the most widely renowned content and media creators create no content;
  • E-commerce platform like Alibaba has no inventory of their own;
  • Airbnb owns no real estate;
  • Zomato and Swiggy do not prepare their own food.

Does this click a bell? That’s the reason it is often said that if it’s free, then you’re the product. These platforms often operate based on the data which is provided by their users to use the services. It is the data that we provide which is of interest. Now how this data is used, stored, and processed by the internet companies is what involves privacy concerns and calls for a legal framework of data protection.

Importance of data protection

Have you ever wondered what happens to the data and information that we provide these companies without reading their terms and conditions and data handling policies? The answer depends on a case-to-case basis. But if there is no policy in place, or if the user gives permission to the companies without reading all the terms (Given our natural tendency to skip the lengthy legal documents and hit “I accept the terms and Conditions”), there are chances of the data being misused or sold to third parties. It’s not that all companies would necessarily do it, but the possibility of this happening cannot be ruled out.

While sharing this data makes our lives easier by giving us access to essential services, however, unregulated and arbitrary use of data by organizations, be it private or governmental, has raised serious concerns related to privacy. Even the Supreme Court of India has recognized the right to privacy as a fundamental right.[1] Various committees have been formed to look into the aspect of data protection and privacy concerns. The objective is to “ensure the growth of the digital economy while keeping the personal data of citizens secure and protected.”   

What should an ideal legal framework address? 

Broadly speaking, there are a lot of issues to be addressed. Since this would affect a large number of people and probably future generations too, a robust, effective, and practical solution is required. Fundamentally, the ideal legal framework should address the following two concerns:

  • How to keep the data of citizens protected and prevent its misuse?
  • How to make a regime that would embrace data-driven innovation and entrepreneurship?

It is pertinent to state here that the Data Protection Bill/Act should incorporate provisions that are required more explicitly to avoid any backdoor entry. While the focus of the legislation should be individual autonomy and protection, the same should not be fundamentally detrimental for companies to devoid them of any growth or profit. A cue can be taken from the data protection legislation of other countries to evaluate how various provisions work out in reality and what would fit the Indian scenario in practical terms.

The upcoming data protection regulations also increase the existing scope of data protection in India. As per the existing Section 43 of the Information Technology Act, 2008, “Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation, to the person so affected.”

The upcoming Data protection regime will widen the scope by offering a comprehensive data protection framework that shall apply to the processing of personal data by any means, and to processing activities carried out by both the Government as well as the private entities- not only the Body Corporate.[2]

Pillars of data protection

We are on the verge of having our first data protection law. In order to be effective, a data protection framework must be rested on the following pillars:

  • Consent-based approach: Every expression on the internet or which is made to any party should have free and meaningful consent in order for it to be truly autonomous.
  • Data minimization: Data should be used only for the purpose for which it is acquired/provided and nothing else. Even the data should be used sparingly and only when absolutely necessary.
  • Fixing accountability and liability: The person or organization handling the data shall be held responsible for protecting the data from any breach or unauthorized use. It should be held accountable for data processing and storage.
  • Effective Enforcement: The enforcement agencies should be capable and must have adequate statutory authority to take swift and prompt action to address breaches of data protection provisions.
  • Deterrent penalties: The penalties should provide adequate safeguards against the offenders to have a deterrent effect in a real sense.

Conclusion

The data protection bill is in the pipeline and might take some time to become law. A lot of homework has been done and it is expected that the final deliberated version would address all the concerns effectively and would be at par with expectations. Till the time, it is important to understand the implications of sharing personal information online, how it can be (mis)used and if the benefit of such sharing is more than the risks involved. Though the tables have turned in the recent past and companies are acknowledging their fault and working on making their systems safer. The ethical issues involved are also well known and we hope to see a change in the near future. Whether or not it happens, prevention is always better than cure. The next time you visit a website or use an application, be extra cautious of the information you share. Don’t share what’s not necessary (For instance, why give the gallery access to a food delivery app?). Use common sense, and stay safe!

Relevant Commentaries on Data Protection

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[1] K.S. Puttaswamy and Anr. v. Union of India and Ors., Writ Petition (Civil) No. 494 of 2012.

[2] Kindly refer to https://digitalindia.gov.in/writereaddata/files/6.Data%20Protection%20in%20India.pdf

Why buy the SCC™ full set?

The need and importance of Supreme Court case-law

Rulings of the Supreme Court are the law of the land under Article 141 of the Constitution. They have a bearing on the validity and applicability of Acts of Parliament, State Legislatures, and various rules and notifications issued by various governmental authorities. Thus, Supreme Court case-law is a paramount necessity for the judiciary and practitioners in the Supreme Court, the High Courts, and District Courts as well as the academic community, commercial establishments, private and public sectors, and government offices amongst others.

The philosophy behind SCCTM : Prompt, Accurate, and Complete

A law report is of value not just for a few decades, but for eternity, That is the prime consideration driving Supreme Court CasesTM. That is why great pains are taken and efforts made at Supreme Court CasesTM to accurately publish every judgment or order. Equally important is that the entire Supreme Court case law be made available, and hence the efforts to achieve completeness. Again, while making efforts for being prompt we make sure not to be hasty and engaged as we are in producing a permanent record of the Supreme Court.

SCCTM as an investment

Supreme Court CasesTM is the most reliable and trustworthy reference source and for many readers the first source of reference for Supreme Court case law. Subscribers of SCCTM have not only realized the immense utility of SCCTM but also the fact that a beautiful set of SCCTM adorns their library and that with time the value of SCCTM appreciates. Also, the fact that the price paid for SCCTM is tax deductible, makes it an ideal investment.

Editorial excellence

It is one thing to make Supreme Court judgments available; it is quite another to extract all the rulings of law embedded therein and make them accessible, that is, to make the search for the relevant rulings quick and convenient. SCCTM contains headnotes that have been prepared after thorough and careful analysis ensuring that no point of law is missed. Our editors extract the maximum rulings from each case and these are intelligently classified topic-wise and statute-wise, in the subject index along with multiple cross-references making them conveniently accessible to the reader. The headnotes and indexing in SCCTM are acknowledged today as far superior to that of any other law report.

Why buy the SCC™ full set?


1-Prized Collection for Every Law Library
The Supreme Court CasesTM full set provides the entire case law of the Supreme Court from 1969 till date making it a comprehensive and dependable source of information, thus the first source of reference for your research on Supreme Court case law. Excellent paper, printing, and binding make this set a useful and prudent investment at a very reasonable price.

2-Most Comprehensive Source of Information
Supreme Court CasesTM (full set) is your guarantee to the most comprehensive coverage of Supreme Court case law, giving both reportable and non-reportable cases. A large number of cases included in Supreme Court CasesTM are not reported in any other law report.

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High-class printing on superfine white paper in large and clear type ensures ease of reading. High-quality binding makes it convenient to flip through and browse or research cases at one’s leisure.

4-Quick Access to relevant precedents.

Supreme Court CasesTM provides its readers with a subject index, chronological table of cases cited, cross-citations, and particular references to the extracts from the judgments cited and more, making your search for rulings easy and convenient. 

5-Analytical Headnotes
The key to any case is its headnote. SCC™ contains headnotes that have been prepared after thorough and careful analysis ensuring that no point of law is missed. Our editors extract the maximum rulings from each case and these are intelligently classified topic-wise and statute-wise, in the subject index along with multiple cross- references making them conveniently accessible to the reader.

6-Index
Each volume contains its own Subject index, Table of Cases reported, and Table of cases cited. Volume numbers are clearly visible on the label.

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SCC™ is your guarantee to complete coverage of Supreme Court case-law reporting both reportable & non-reportable cases. Quite a few cases are exclusively reported by SCC™.

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Unlike other law reports, SCC™ does not give mere reproduction of the judgments. Case law is systematically published in an attractive format & style after the necessary addition of requisite references & cross-citations etc.

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Gives latest case notes from three important Common Law Jurisdictions: United Kingdom, Singapore, and Malaysia, which contain novel developments of law, relevant in the Indian context.

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Hundreds of articles published in the journal section of Supreme Court CasesTM are included. These groundbreaking articles are today cited, relied upon, and used.

11-Professional Look
If you wish to elicit the faith of your clients in the amount of information and knowledge at your disposal, the Supreme Court CasesTM full set is a valuable addition to your library. Each volume is beautifully bound in foam leather and labeled with gilt labels. The Supreme Court CasesTM (full set) provides a professional ambiance to your library and also equips you with an edge over your competitors.

12-Faster speed of reporting in SCC™
A large number of important judgments are now reported in SCC™ within one month of the date of the decision.

13-Enhance the SCC™ experience with the ‘Latest Judgments’ & ‘Legal Briefs’ facility with Guidenotes
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A must-have book for every lawyer!

Supreme Court Yearly Digest 2022

Today, on almost every law point, there is a Supreme Court Judgment. It, therefore, is to your advantage to cite and refer to the strongest precedent available. This reflects well in your judgment and also reduces the pendency of cases in the judicial system – something for which your contribution will be lauded. 

SCYD provides citations of SCC and all major law reports like AIR, Cri LJ, AIC, ALD, ALR, All LJ, CPJ, CTC, Cut LT, DLT, Guj LR, KCCR, KLT, LW, Mah LJ, MPLJ VST, Comp Cas, ITR, LLN, Lab IC, FLR, ELT, etc. It can therefore be used with most law reports.

Special Features:

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2. Other features include a Table of Overruled, Reversed, and Followed, etc. Cases, Bench Strength and Coram, Excellent Noter-up, Notable Extracts from Supreme Court case law, List of Articles published.

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4. Affordable resource for Supreme Court case law.

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