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Showing posts from December, 2020

Special NIA Court convicts Chennai-based engineer in ISIS Conspiracy Case

 A special National Investigation Agency (NIA) court in Delhi has sentenced the accused Mohamed Naser to rigorous imprisonment for 7 years and fine Rs 40,000 in the ISIS conspiracy case. The case which was registered in 2015, pertains to a criminal conspiracy hatched by ISIS to establish its base in India by recruiting Muslim youth for ISIS through different social media platforms, the NIA stated. "After completion of the investigation and subsequent trial, NIA Special Court has convicted accused Mohamed Naser of the various offences committed by him and sentenced him with rigorous imprisonment (RI) for seven years and fine Rs. 40,000/- on 16.12.2020," NIA said in a press release. The agency said that after completion of the investigation, NIA had filed charge-sheets against 16 accused including Mohd. Naser on June 3. "In this case, 15 (fifteen) accused persons have already been convicted up to 10 years RI by NIA Special Court on 16.10.2020 for the conspiracy hatched by

Court Convicts suspected ISIS operative in UAPA Case

 A Delhi Court has convicted one suspected ISIS operative, Shajahan VK, under the stringent Unlawful Activities (Prevention) Act for allegedly planning terrorist activities in the country.  On Thursday, Special Judge Parveen Singh convicted Shajahan VK under various charges of the Indian Penal Code & Unlawful Activities (Prevention) Act. The Court has listed the matter for argument on the quantum of sentence on Jan 5. According to the National Investigation Agency (NIA), Shajahan VK, who was a resident of Kannur in Kerala, had visited Turkey/Syria for carrying out terrorist activities after procuring an Indian passport in the fake name of Mohammad Ismail Mohideen. He was arrested on July 1, 2017 in Delhi by the Special Cell of the Delhi Police after he was deported by Turkish authorities. Later, the case was transferred to the NIA .ADVOCATES AND LEGAL CONSULTANTS" We are India’s Leading Law Firm “The firm has always strives to create and implement innovative and effective meth

Farm Laws 2020: Congress Leader Rahul Gandhi meets President; Priyanka taken into custody during Protests

 Delhi Police has taken Congress leaders Priyanka Gandhi and others into custody as the Rahul Gandhi-led Congress delegation was marching to the Rashtrapati Bhawan on Thursday morning to submit a memorandum of 2 crore signatures against the Centre’s farm reform laws. Congress' march to Rashtrapati Bhavan was stopped by police. Rahul Gandhi proceeded to the Rashtrapati Bhawan to meet President Ram Nath Kovind with the signatures against farm laws and said the farmers will not budge from Delhi borders till the farm laws are repealed. Coming out after meeting President Kovind, Rahul Gandhi said, "The Opposition stands with farmers. The protesting farmers will not stop the protest till the laws are repealed." He also said there is no democracy in India. As the march was stopped, Priyanka Gandhi said, "Any dissent against this government is classified as having elements of terror. We are undertaking this march to voice our support for the farmers." Priyanka Gandhi fu

Plea filed in Apex Court for appointment of Chairperson, Members to Law Commission

 A plea has been filed in the Apex Court seeking direction to the Centre to appoint the Chairperson & Members of the Law Commission of India within one month & make it a statutory body. The Public Interest Litigation (PIL) plea said that alternatively, the Court may use its constitutional power to appoint the Chairperson & Members of the Law Commission of India. The PIL filed by Lawyer Ashwini Upadhyay said that the cause of action accrued on Aug 31, 2018, & continues, when the tenure of twenty-first Law Commission was ended but Centre neither extended the tenure of its Chairperson & Members nor notified 22nd Law Commission. Although on Feb 19, 2020, Centre approved the constitution of twenty-second Law Commission but it has not appointed the Chairperson & Members till date, the petition said. Injury to the public is extremely large as the Law Commission of India is headless since Sept 1, 2018, hence unable to examine public issues, it added.Upadhyay said that t

While shunning 'moral policing' by ICC, HC holds that ICC can't comment on personal conduct of parties while dealing with sexual harassment at workplace

 A Delhi High Court bench, consisting of Hon’ble Justice Pratibha M Singh, in the case of Bibha Pandey vs Punjab National Bank & Ors. (dated 16.12.2020) has held that the jurisdiction of Internal Complaints Committee (ICC) established under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), is limited to allegations of sexual harassment and whether a complaint is made out or not, to that effect. ICC, the court further held-"cannot make comments on the personal conduct of the parties." Factual Background A complaint under the POSH Act was filed by the Petitioner against Respondent No.3 who was working as the General Manager of the Respondent No. 1 Bank, in Mumbai. The complaint was referred to the ICC (constituted by the Bank). The ICC, upon analysing the complaint, came to the conclusion that: “the relationship between the Petitioner and Respondent No.3 were based on personal grounds with mutual consent, and that the

Centre extends suspension of IBC till March 2021 to aid businesses hit by Pandemic

 The Government has decided to extend the suspension of the Insolvency and Bankruptcy Code (IBC) till March 31, 2021, to help businesses cope with the lingering difficulties posed by the COVID-19 pandemic, Union Finance Minister Nirmala Sitharaman said on Monday. The Minister’s statement settles a major uncertainty facing businesses since the present government order to keep the Insolvency Code in abeyance was due to expire on December 25. All defaults arising on or after March 25, when the national lockdown was imposed to curb the pandemic, will effectively remain out of the insolvency net for a full year, Ms. Sitharaman said. “When the lockdown was announced, there was constant engagement with industry. So many deadlines were postponed and many compliances relaxed. Even the suspension of the IBC has been postponed even further from December 25, I think we have moved to saying that will be in abeyance till March 31, 2021,” the Minister said at an interaction with the Bangalore Chamber

After 32 Yrs, Bhartiya Kisan Union implements its Sec 288 against Section 144 at Delhi-Ghaziabad Border

 As the deadlock between the farmers and Ghaziabad district administration continued on Monday, Bhartiya Kisan Union has implemented its own Section 288 in the area. The protest against farm laws passed by the Centre continues on Sunday as the farmers have started building huts on the Delhi-UP border. The farmers have implemented Section 288 of Bhartiya Kisan Union against Section 144 of District Administration. “Section 288 is our own section of Bhartiya Kisan Union (BKU). Chaudhary Mahendra Singh Tikait first used this stream in 1988 at the Vote Club in Delhi in 1988. Under this section, the police are not allowed to come within the limits of the farmer,” BKU National spokesperson Rakesh Tikait said. “With this, the movement will not be allowed to become fierce. If any anti-social element enters, BKU also takes action against him under section 288. This is the way of peaceful movement,” Tikait added. The section which restricts the entry of any person other than farmers has been impo

High Court imposes cost of Rs 5 lakh on Dehradun College for illegal Admissions

 On Wednesday, the High Court of Uttarakhand imposed a cost of Rs 5 lakh on Shri Guru Ram Rai Institute of Medical & Health Sciences here for illegal admissions to its nursing course. The Lawyer for H N B Garhwal University, Kartikey Hari Gupta, said the college had affiliation for only 100 seats from the university but it gave admission to 30 more students for the 2017-18 batch. However, passing the order, Justice Manoj Tiwari, directed the university to let the students complete their course, he said. The college had an affiliation for only a hundred seats, whereas it gave admission 30 more students, which is illegal, Gupta said. The Court also upheld the university’s decision not to grant retrospective affiliation for the 30 seats, the lawyer said.ADVOCATES AND LEGAL CONSULTANTS" We are India’s Leading Law Firm “The firm has always strives to create and implement innovative and effective methods of providing cost-effective, quality representation and services for our client

Strength to CPA: Exit deals don’t negate Right to Compensation, rules Supreme Court 

 A Real Estate Developer cannot deal with homebuyers Rights to Claim Compensation for delays in the completion of their apartments by merely offering refunds or some other exit option, the Supreme Court has ruled. In the order that could strengthen the rights of homebuyers under the Consumer Protection Act, the court has held that the right to claim compensation is independent of schemes offered by developers that give an option to the buyers to rescind their purchase. It also held that the damages to a Consumer can be over and above the amount mentioned in the developer-buyer agreement, defined as the contractual rate of compensation for delays. In its order last week, a bench of the Apex Court headed by Justice Dhananjay Y Chandrachud, highlighted that “a genuine flat buyer wants a roof over the head” and therefore, schemes offering them a refund of what they had paid to date would not be sufficient. “For a genuine flat buyer, who has booked an apartment in the project not as an inve

Wife can claim property entrusted to husband even after divorce: HC

 The full bench of Kerala high court considering a matrimonial plea held that the husband as a trustee is bound to return the property of the wife which is entrusted to him even after the divorce stating that “once a trust is created, it continues to operate, even though there is the dissolution of marriage.” The issue was brought before the three-judge bench consisting of Justice A.M. Shafique, Justice Sunil Thomas, and Justice Gopinath P. The question referred to the full bench was whether the wife was entitled to claim the property entrusted by her to her husband after the dissolution of the marriage between them and if she could initiate proceedings under section 10 of the limitations act, 1963 without any limitation of time. The court referred to the case of Bindu K.P. v. Surendran C.K. where it was held by the division bench of the same court that the wife or ex-wife’s claim for dowry is not barred by any limitation of time. Further reliance was made on the Supreme Court case of

Amazon fined INR 25K for not displaying Country Of Origin on Products

 Ecommerce major Amazon has been fined Rs. 25000 for not displaying mandatory information, including the country of origin, of products sold on its platform. Last month, the consumer affairs ministry had issued notices to ecommerce majors Flipkart & Amazon for not displaying such information. The ministry had also asked states to ensure that all ecommerce firms comply with the Legal Metrology (Packaged Commodities) Rules. The penalty has been imposed on Amazon as its reply to the notice was not found satisfactory, as per the order issued by the ministry dated November 19. As per law, Amazon has been fined INR 25K per director for the first offence, a senior official of the ministry said. Flipkart has not been fined, the official added. An email sent to Amazon on the matter did not elicit any immediate response, reported the news agency. In the notice issued last month, the consumer affairs ministry had said, “It has been brought into notice that some of the ecommerce entities are n

RBI’s new Cheque Payment rules set to kick in from January; Here’s all you need to know

 From January 1, 2021, a new cheque clearing mechanism will come into effect in a bid to check banking fraud. The Reserve Bank of India rolled out a ‘Positive Pay System’ a couple of months ago under which those making payments of over Rs 50,000 will need to reconfirm some key details. To put it simply, Positive Pay is essentially a tool designed to detect fraudulent activity. It does this by matching specific information related to the cheque presented for clearing, like the cheque number, cheque date, payee name, account number, amount, and other details against a list of cheques previously authorized and issued by the issuer. “To further augment customer safety in cheque payments and reduce instances of fraud occurring on account of tampering of cheque leaves, it has been decided to introduce a mechanism of Positive Pay for all cheques of value Rs 50,000 and above. Under this mechanism, cheques will be processed for payment by the drawee bank based on information passed on by its cu

Advocate's Day: Remembering eminent Lawyer and First President of India, Dr. Rajendra Prasad; throwing light on Role played by Advocates in Society

 Advocate's day is celebrated in our country by the lawyer community today (3rd day of December every year) to mark the birth anniversary of Dr. Rajendra Prasad, the First President of India and a very eminent lawyer. Dr. Rajendra Prasad: Indian Independence Activist, Lawyer, Scholar, First Indian President Rajendra Prasad (3 December 1884 – 28 February 1963) was an Indian independence activist, lawyer, scholar and subsequently, the first President of India, in office from 1950 to 1962. He was an Indian political leader and lawyer by profession. Prasad joined the Indian National Congress during the Indian Independence Movement and became a major leader from the region of Bihar. A supporter of Mahatma Gandhi, Prasad was imprisoned by British authorities during the Salt Satyagraha of 1931 and the Quit India movement of 1942. After the 1946 elections, Prasad served as Minister of Food and Agriculture in the central government. Upon independence in 1947, Prasad was elected as President

Allahabad High Court grants bail to man who offered 'namaaz' in Temple

 The Allahabad High Court has granted bail to Faisal Khan, who was arrested for offering namaaz on the premises of the Nand Baba temple in Mathura district. The court, however, directed Khan not to use the social media till the conclusion of the trial. Justice Siddharth allowed the bail application observing that "having considered the material on record, larger mandate of the Article 21 (Protection of life and personal liberty) of the Constitution of India and the dictum of apex court in the case of Dataram Singh Vs. State of Uttar Pradesh and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, applicant can be released on bail". In Dataram Singh's case, the Supreme Court had held that "grant of bail is a general rule and putting a person in jail or in a prison or in correction home during trial is an exception and presumption of innocence, i.e. person is believed to be innocent until found guilty, is fundamental postul

HC: Changing name is a part of freedom of expression under Article 19 (1) (a) of the Constitution

 The Allahabad High Court has held that under freedom of expression a person cannot be stopped from changing his name. Renaming is part of freedom of expression. It is guaranteed in Article 19 (1) (a) of the Constitution. “The right of freedom of expression guaranteed to the petitioner under Article 19 (1) (a), in the present case freedom of expression through change of name, cannot be denied to the petitioner and he is entitled to change his name.” This order has been given by Justice Pankaj Bhatia while dealing with the petition filed by Kabir alias Rishu Jaiswal. The court has directed the CBSE to issue a new certificate to the petitioner in the name of Kabir Jaiswal in place of Rishu Jaiswal. Because the petitioner is entitled to change his name under freedom of expression. The petitioner has submitted that he passed the high school examination from CBSE in the year 2011-13 and Inter exam in 2015 in the name of Rishu Jaiswal son Santosh Kumar Jaiswal. After this, the petitioner got