Thursday, 24 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 ISIS handlers based in Syria and subsequent formation of group namely 'Junood-ul-Khilafa-fil-Hind' owing to its allegiance to ISIS," the agency said.


Mohamed Naser, who is a BTech (IT) and Certified Ethical Hacker from Chennai, was working as a Web Developer and Graphic Designer in Dubai in 2014. He had got radicalised and motivated to join ISIS through the lectures delivered on YouTube by Islamic scholars namely Anjem Choudary and Abu Barra.Convict Mohamed Naser was fully convinced that ISIS was following the true edicts of Islam and is struggling to create a Caliphate, which will be governed on the basis of Sharia.


"Hence, he had made frantic efforts to find persons who could facilitate his travel to Syria/Libya for joining ISIS. On persistent efforts, he came across some online handlers and left Dubai to join ISIS/ISIL for Libya via Sudan. But, he was interdicted by the Sudanese authorities and deported to India on 10.12.2015," NIA said.

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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

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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 further said, “We're living in a democracy and they are elected MPs. They have the right to meet the President and they should be allowed. What is the problem with that? Government is not ready to listen to voices of lakhs of farmers camping at borders.”After the meeting with the President, Rahul Gandhi said, "I want to tell PM Modi that farmers will not go back home if there's no repeal of the farm laws. The Centre should call a joint session of Parliament and repeal the laws. All opposition parties are with the farmers."


"No permission has been granted for Congress' march to Rashtrapati Bhavan today. However, three leaders, who have appointment at Rashtrapati Bhavan, will be allowed to go," Additional DCP (New Delhi) Deepak Yadav had said on Thursday morning.


Priyanka Gandhi and other Congress leaders were detained and taken on a bus by police as they did not have permission for the protest march in Delhi.The Additional DCP said Section 144 has been imposed in New Delhi area due to Covid-19 and no gatherings are allowed

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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 the Law Commission is not working since Sept 1, 2018, so Centre doesn't have the benefit of recommendations from this specialised body on the different aspects of law, which are entrusted to the Commission for its study & recommendations.


The petition said that "The Commission, on a reference made to it by the Centre, Supreme Court and High Courts, undertakes research in law & review existing laws for making reforms therein & enacting new legislations. It also undertakes studies & research for bringing reforms in justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in the cost of litigation etc".


The petition added, "The Law Commission of India not only identifies laws which are no longer needed or relevant & can be immediately repealed but also examines the existing laws in the light of Directive Principles of State Policy and suggests the ways of improvement & reform. The Commission also suggests such legislation as might be necessary to implement Directive Principles & to attain the objectives set out in Preamble of the Constitution".

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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 allegations of sexual, emotional and mental harassment were not substantiated by the Petitioner.”


Thus, the complaint against the Respondent No. 3, was rejected. Now, after having rejected the complaint, the ICC made an observation that the behaviour of the parties had been inappropriate and unbecoming of Officers/Employees of the Bank, and accordingly- it recommended the Competent Authority to take suitable action against the Petitioner and the Respondent No. 3.On the basis o this recommendation and various other communications between the Petitioner and Respondent No. 3, a chargesheet was served upon the Petitioner under Regulation 6 of the Punjab National Bank Officer Employees’ (Discipline & Appeal) Regulations, 1977.


Hence, the Petitioner filed the present petition challenging: (i) the recommendations of the ICC- as given in its report dated 15th March 2017; & (ii) the action taken by the Punjab National Bank on the basis of such report.


Single Bench OrderBy virtue of an order 19.04.2017- ld. Single Judge, while entertaining the present petition, had stayed (till further hearing) the ICC’s recommendation and the consequent charge-sheet.


Now, during the pendency of the petition, the Petitioner became eligible to be considered for promotion. Petitioner submitted that her promotion is being held up in view of such pendency- thus the Court directed the Bank to independently consider the Petitioner’s candidature for promotion. However, it was directed that the same would not be given effect to and shall be kept in a sealed cover. But, due to the lockdown, the matter could not be heard thereafter.


In the meantime, the Bank has also placed on record, in a sealed cover, the relative performance of the Petitioner and her prospects for promotion, independent of the charge-sheet against her.


Case of the Petitioner                                          


It was submitted that: upon sexual harassment complaint filed by Petitioner under POSH Act being rejected, the ICC can merely, close the enquiry for the case not having been made out against Respondent No.3. However, the recommendation made for taking action due to the alleged “unbecoming” conduct is contrary to Section 13(2) of the Act.


It was further submitted that: “insofar as the conclusions of the ICC are concerned, for personal reasons, the Petitioner does not wish to press any challenge in respect of the conclusion, so long as the recommendation made by the ICC is set aside by this Court."Case of the Bank


It was submitted that: there was no doubt that the ICC concluded that the Petitioner was in a consensual relationship. However, in terms of the rules of the Bank, whenever there are any disciplinary proceedings which are pending, the Bank is bound to keep the promotion in a sealed cover in view of Paragraph 20(1) and Paragraph 20(2.5) of the Promotion policy of the Bank. It is in view of the said policies that the Petitioner’s result has been kept in a sealed cover.


Reasoning and Decision of the Court                                      


The Court at the very outset, examined the conclusion arrived at by the ICC and the while doing so, the Court observed that the conclusions of the ICC were in two parts. In the first part, the ICC concluded that the allegations were not substantiated and the complaint was not made out. 


In the second part, the ICC went further and commented on the conduct of the Petitioner and the Respondent. It also recommended that the Bank `may take suitable action’.


The Court then examined the provisions of Section 13 of the Act, in the following terms:“Section 13 contemplates various situations relevant to the inquiry report. Insofar as the ICC is concerned, there are two situations contemplated under Section 13(2) and 13(3).”


“If the allegations of sexual harassment or any other form of harassment, as contemplated under the Act, are not proved before the ICC, the ICC can only recommend the employer to not take any action in the particular matter. However, the ICC, in the present case, has gone beyond its statutory mandate, as recognised under Section 13(2) of the Act. It has, in fact, given observations stating that both the parties i.e., the Petitioner and the Respondent No.3 have indulged in inappropriate/ unbecoming conduct and indiscipline, and has recommended the competent authority to take suitable action against them. Giving such a recommendation is clearly beyond the jurisdiction of the ICC.”


The Court also observed that it is not within the scheme of the POSH Act that while holding that no action is to be taken and the complaint is to be rejected, the ICC can direct for suitable action on the ground that the parties have indulged in an inappropriate conduct. Such a determination and consequential recommendation is beyond the jurisdiction of the ICC.


Making observations of the ‘moral policing’ done by ICC, the Court observed:


"`Moral Policing’ is not the job of the Management or of the ICC. Any consensual relationship among adults would not be the concern of the Management or of the ICC, so long as the said relationship does not affect the working and the discipline of the organisation and is not contrary to the Rules or code of conduct binding on the said employees. It is only if a complaint is made of sexual harassment under the Act that the Management can constitute the ICC to enquire into the same. The ICC cannot make comments on the personal conduct of the parties and the ICC’s jurisdiction would be restricted to the allegations of sexual harassment and whether a complaint is made out or not, to that effect. Under these circumstances, this Court has no hesitation in holding that the last paragraph of the recommendation of the ICC, which comments on the conduct of the parties and recommends to the competent authority to take action against the Petitioner and Respondent No. 3, for their inappropriate disciplinary conduct, is not tenable and is liable to be set aside."


Held


The Court, thus, quashed the Charge-sheet drawn up on the Petitioner on the basis that one of the factors leading to the chargesheet was the recommendation of the ICC and since the recommendations were not sustainable in eye of law (out side jurisdiction of the ICC), the charge sheet should be quashed.


"In view of the above position, the fact that the Petitioner has become eligible for promotion means that the Bank would accordingly offer her promotion in accordance with her seniority, performance and merit, as per the applicable service rules. The chargesheet would no longer be an obstacle in the Petitioner’s promotion and no disciplinary enquiry would now be held against the Petitioner pursuant to the said chargesheet."


Case Details


Name: Bibha Pandey vs Punjab National Bank & Ors. 


Bench: Hon’ble Justice Pratibha M Singh




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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 of Industry and Commerce on Monday evening.


“So, the entire year has had the IBC suspended, rightfully so because every industry has gone through major stress because of the pandemic and nobody could be drawn towards the insolvency process for problems that may have occurred during the pandemic,” she explained.Ms. Sitharaman said the government has ensured that small, medium and big companies got adequate liquidity to carry on business operations through the emergency credit line guarantee scheme, even as they avoided bankruptcy cases due to the IBC suspension.


Experts, however, said more action may be needed to help stressed corporate balance sheets.


“Many stressed corporates will find it difficult to fit into the One Time Restructuring option provided by the Reserve Bank of India. The IBC could have allowed such corporates to restructure liabilities and revive,” said Rajiv Chandak, partner at Deloitte India.\ADVOCATES AND LEGAL CONSULTANTS"



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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 imposed after 32 years. Earlier the section was imposed in 1988.Farmers have put up a banner at the UP gate, which reads, "Section 288 is applicable.” The section is meant to restrict anyone coming from Delhi-UP border near Ghazipur. A border line has been drawn on the other side allowing only farmers coming to the area.


Farmers have said that the protest would continue until a decision is reached on the issue. All eyes are stuck on the negotiation between farmers and Union Agriculture Minister Narendra Singh Tomar on Tuesday.


Meanwhile, farmers continue to reach from Punjab, Uttarakhand and UP. BKU National spokesperson Rakesh Tikait said that he would stand at the UP gate till talks with the government are done.

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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"



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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 investor or financier, but for the purpose of purchasing a family home, a mere offer of refund would not detract from the entitlement to claim compensation,” held the bench, which also included Justice Indu Malhotra and Justice Indira Banerjee.The developer, said the bench, cannot assert that buyers who continue to be committed to the agreement for purchase of the flat give up their right to adequate compensation.


“Mere refund of consideration together with interest would not provide a just recompense to a genuine flat buyer, who desires possession and remains committed to the project. It is for each buyer to either accept the offer of the developer and opt out, or continue with the agreement for purchase of the flat,” it said.


The Court also addressed another contention regarding the appreciation of the capital value of the flats with the passage of time, stating that this factor could only be one of the considerations while determining the quantum of damages but that it cannot deprive the consumers of a just and fair compensation.


The order came as the bench dismissed DLF Home Developers Limited’s appeal against compensation to the flat buyers of the Capital Greens project in Delhi. The developer, through senior advocate Pinaki Misra, challenged the order of the National Consumer Commission, arguing the delay in completion of the apartments was due to certain reasons beyond the control of the developer.


Misra added that the developer also offered to its buyers refunds of the amount paid by them, together with interest at the rate of 9% per annum.


Representing the home buyers, senior advocate Shyam Divan defended the consumer commission’s order, directing DLF to pay compensation in the form of simple interest at the rate of 7% annually from the promised date of delivery for possession till the date on which the possession is actually offered.Affirming the order in favour of the home buyers, the bench said that “the fact that the developer offered an exit option with interest at 9% would not disentitle the flat purchasers from claiming compensation.”


The other argument by DLF, with respect to unmanageable circumstances, was also rejected with the court noting that if fatal accidents at the site stalled the work while it was found that accidents took place due to a developer’s laxity in adhering to safety norms, the flat buyers cannot be made to suffer.


“The flat buyers had to suffer on account of a substantial delay on the part of the appellants. In such a situation, they cannot be constrained to the compensation of ₹10 per square foot, provided by the agreements for flat purchase,” clarified the court, commenting on the contractual rate.However, in accordance with a previous ruling on the rate of interest, the bench ordered that the compensation on account of delay will be 6% per annum instead of 7%.


“We welcome the order of the Supreme Court because it will empower the thousands of homebuyers who have been suffering for a long time at the hands of the developers, who have delayed their projects for many years, and still denying justified compensation with refund of the investment. But we hope that this order will be implemented at the ground by the authorities to safeguard the rights of the homebuyers,” said Abhishek Kumar, president of Noida Extension Flat Owners Welfare Association.


“We will look into this order in detail and then figure out as to how it will impact the real estate sector ahead. But any order that gives power to the consumer helps the sector as it restores the faith of the homebuyer...So we hope this order will positively impact the realty sector,” said Subodh Goyal, secretary of the western Uttar Pradesh chapter of the Confederation of Real Estate Developers Association of India.The order has been issued by a bench comprising of Justice Dhananjay Y Chandrachud, Justice Indu Malhotra and Justice Indira Banerjee on 14-12-2020.\

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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 Pratibha Rani v. Suraj Kumar and another where it was held that the husband’s role as a trustee entails the wife’s right to claim the entrusted property and the same was actionable without any time limit under section 10 of the Limitations Act, 1963. Thus the court established that the husband was bound as a trustee to return the property claimed by the wife but further deliberated on the question of whether the same relationship of trust and trustee will remain after the dissolution of marriage. The court refers to the Indian Trust Act, 1882 noted that such a relationship of trusts and trustee may only be extinguished under section 77 of the statute and since no such circumstances had arisen in the present case, the court held that the trust would continue to operate, even after the divorce.


The court laid the rule for property which was brought by the wife during the marriage as dowry held that “In the case of ornaments which are given in the form of dowry, definitely, a statutory trust is created. Even otherwise, if the ornaments owned by the wife do not form part of the dowry and if there is an entrustment of gold ornaments by the wife to the husband or his parents, a trust gets created, in which event, the trustee or trustees, as the case may be, are liable to return the same and there is no limitation for claiming the same by the wife/divorced wife.” The court observed that the husband’s duty as a trustee is not extinguished with the dissolution of marriage and issued the order after expressing its agreement with Bindu KP's case.

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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 not displaying the mandatory declaration on digital platforms required under the Legal Metrology (Packaged Commodities) Rules, 2011.”


In similarly worded notices, the ministry had said Flipkart India Pvt Ltd & Amazon Development Centre India Pvt Ltd have to ensure that all mandatory declarations are displayed on the digital & electronic network used for e-commerce transactions.


In Oct 2020 the Ministry of Corporate Affairs had asked why Flipkart & Amazon haven’t followed rules under Legal Metrology (Packaged Commodities) Rules, 2011.


The letter addressed to Flipkart India Pvt. Ltd. & Amazon Development Center India Pvt. Ltd. by MCA, had specific links to the inventory, which lacked the details, as required under the Legal Metrology.


Over the past months, e-commerce & food delivery firms have had several meetings with the consumer affairs department as well as officials from the Department for Promotion of Industry & Internal Trade (DPIIT), regarding the addition of ‘country of origin’ tag to online product listings.The DPIIT had said that the Govt had directed ecommerce firms to comply with this requirement by Sept 30.


Initially, the Govt was keen on a 1 Aug deadline, but the move was opposed by retailers. Ecommerce firms such as Flipkart wrote to the Govt that they will need at least 6 months to finish the process.


In July, the High Court of Delhi had issued notices to Amazon & Flipkart on a plea seeking to display the names of the manufacturing countries for products on their websites.

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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 customer at the time of issuance of cheque. This measure will cover approximately 20 per cent and 80 per cent of total cheques issued in the country by volume and value, respectively,” RBI had said back in August.


The central bank then released detailed guidelines about the new cheque payment mechanism in September.


Here’s all you need to know about the new cheque payment rule of the RBI set to kick in from next year:

The concept of Positive Pay involves a process of reconfirming key details of large value cheques.  

Under this process, the issuer of the cheque submits electronically, through channels like SMS, mobile app, internet banking, ATM, etc., certain minimum details of that cheque (like date, name of the beneficiary/payee, amount, etc.) to the drawee bank, details of which are cross-checked with the presented cheque by Cheque Truncation System (CTS). Any discrepancy is flagged by CTS to the drawee bank and presenting bank, who would take redressal measures.

National Payments Corporation of India (NPCI) shall develop the facility of Positive Pay in CTS. They will also make this available to participating banks. In turn, these banks shall then enable it for all account holders issuing cheques for amounts of Rs 50,000 and above.

While the option to avail this facility is at the discretion of the account holder, banks may consider making it mandatory in case of cheques for amounts of Rs 5,00,000 and above.

Only those cheques which are compliant with the instructions will be accepted under dispute resolution mechanism at the CTS grids.

Member banks are also free to implement similar arrangements for cheques cleared/collected outside CTS as well.

Banks have been advised by RBI to create adequate awareness among their customers on features of Positive Pay System through SMS alerts, display in branches, ATMs as well as through their web-site and internet banking.

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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 of the Constituent Assembly of India, which prepared the Constitution of India and served as its provisional parliament.


When India became a republic in 1950, Prasad was elected its first president by the Constituent Assembly. As president, Prasad established a tradition of non-partisanship and independence for the office-bearer, and retired from Congress party politics. Although a ceremonial head of state, Prasad encouraged the development of education in India and advised the Nehru government on several occasions.


In 1957, Prasad was re-elected to the presidency, becoming the only president to serve two full terms. Prasad stayed in office for the longest term of around 12 years. Post the completion of his tenure, he quit the Congress and set up new guidelines for parliamentarians which are still followed.


Prasad played a major role in forming the Bihari Students Conference in 1906. In 1916, he joined the High Court of Bihar and Odisha. In 1917, he was appointed as one of the first members of the Senate and Syndicate of the Patna University. He also practised law at Bhagalpur, the famous silk town in Bihar.


As President of India, he duly acted as required by the Constitution, independent of any political party. He travelled the world extensively as an ambassador of India, building diplomatic rapport with foreign nations. He was re-elected for two consecutive terms in 1952 and 1957, and is the only President of India to achieve this feat. The Mughal Gardens at the Rashtrapati Bhavan were open to public for about a month for the first time during his tenure, and since then it has been a big attraction for people in Delhi and other parts of the country.[21]


Prasad acted independently of politics, following the expected role of the president as required the constitution. Following the tussle over the enactment of the Hindu Code Bill, he took a more active role in state affairs. In 1962, after serving twelve years as the president, he announced his decision to retire. After relinquishing the office of the President of India on May 1962, he returned to Patna on 14 May 1962 and preferred to stay in the campus of Bihar Vidyapeeth.[22] His wife died on 9 September 1962. A month before Indo-China War. He was subsequently awarded the Bharat Ratna, the nation's highest civilian award.He died on 28 February 1963, aged 78. Rajendra Smriti Sangrahalaya in Patna is dedicated to him. 


Significient Role Played by Advocates in Society

Any person who supports or recommends for the cause of others or for a change is said to be advocating for the cause. However, a person who takes up the noble profession to plead for the cause of others, to fight for the rights of others and to fight for justice is called an “Advocate”.


1. Advocates have been instrumental in spearheading movements in the society for a positive change. In modern times lawyers in various countries have given leadership to their nations. In the great American and French Revolutions many of the leading figures were lawyers. Abraham Lincoln, the great American President during the American Civil war was a lawyer, and so was Robespierre, the great French leader during the French Revolution, Lenin, the great leader of the Russian Revolution of 1917 was a student of law. Prominent freedom fighters belonged to the legal fraternity and played a leading part in the framing of our Constitution. Gandhiji, Pandit Nehru, Dr.Ambedkar, Alladi Krishnaswami Iyer, K.M.Munshi to mention just a few. Lawyers gave up their practice to join the freedom movement and many of them went to jail.


2. The reason why many great leaders in various countries were lawyers is that the legal profession is objectively in the position of producing statesmen. This is due to two reasons:-


           1) Lawyers belong to an independent profession, they are not subordinate to the Government or to anyone else and 


           2) they are directly in contact with society in its entirety as they have to deal with all kinds of problems of people from all sections of society, unlike say, doctors who are confined to medical problems or engineers who are confined to technical problems. Hence lawyers are the people who are most conversant with the problems of society as a whole.3. The central function of the legal profession is to promote the administration of justice. Every civilised society sustains itself on the “Rule of Law” and the lawyers being the primary supporters of it aid and assist its operation in a meaningful measure. The existence of an independent Bar is a bulwark against authoritarianism. It is not a coincidence that in a dictatorship, lawyers are jailed on frivolous charges. And it is the courageous efforts of the lawyers that have led to overthrow of totalitarian regimes. Significance of “Rule of Law” cannot be minimised in any form of Govt. more especially in a democracy. Without Rule of Law and its upholders, be they in executive, legislature or in judiciary, democracy may not survive. If there is one principle which runs through the entire fabric of the Constitution, it is the principle of the Rule of Law and under the Constitution, the judiciary is entrusted with the task of keeping every organ of the state within the limits of the law and thereby making the Rule of Law meaningful and effective.


4. As such, it is clear that an independent judiciary is a must for the sustenance of democracy. If the Independent Judiciary is the pillar of the democracy, the Bar is the foundation of the Independent Judiciary. The Bar is the Mother of the Bench and the bright mirror of the Judicial Officers, 3 whose image, character and conduct is correctly and vividly reflected therein. Whenever there has been a need for a change or development in the society, the society has looked upto the Advocates. Justice V.R.Krishna Iyer once remarked, “The legal profession should be the midwife of the big change struggle to be born …… indeed, independence of the judiciary and fearlessness of advocates are conceptually close cousins. The legal profession has a cause and should bear the cross “ . A fearless, vibrant and alert Bar would mean an independent and strong judiciary. It is to be further borne in mind that it is the members of Bar who are elevated to the Bench.


5. The legal profession is different from other professions in that what the lawyers do, affects not only an individual but the administration of justice which is the foundation of the civilised society. It is to be noted that when people suffer from medical problems, they have to endure and suffer, whereas when people are meted out with injustice, it is intolerable and they pull down the whole structure. As such the administration of justice is one of the most essential functions of the modern welfare state. Men desire justice and it is the function of legal practitioners to plead for justice. Lawyer is considered as the guardian who can secure justice and liberty. Lawyers and Courts are the last refuge for the hapless and the harassed litigant. With the Alternate Dispute Resolutions getting the legal sanction, lawyers have also resorted to bringing about quick settlements using their best efforts.6. The advocate is considered to be an officer of the Court. He not only owes a duty to his client but also to the Court, to assist the Court to the best of his ability in the administration of justice. The legal profession is considered to be a learned profession because a legal practitioner is required to be familiar with all branches of human knowledge as he is required to deal with every topic under the sun. The practice of this profession requires constant study and learning throughout ones career. There is no escape from it. That is why law is said to be a jealous mistress. Today people are bringing to the Court for resolution diverse and complex social and scientific issues touching all aspects of life, be it public health, education, human rights, environment, reservations, elections, cyber space, genetic engineering, international legal disputes, intellectual property matters, etc.,. In this changing scenario, the members of the Bar have been successfully upgrading their knowledge and skills to assist the Court, by acquainting themselves with the latest developments not only in law but also in various other fields of human knowledge. All this requires a wide range of learning, continuing education and choosing the field of practice wherein one would like to specialize. It has been rightly said that “ law is an ocean” and off late with the rapid developments in science, there has been new discoveries and insights into the unchartered and unknown areas of the ocean called law.


7. There are many thousands of Acts, and it is for the lawyers to apply the appropriate law knowing the object of the law. It is appropriate here to state that one who knows not the object of the law, knows not the law. The proverb “Knowledge is Power” is aptly applicable in the case of the legal profession and thus legal profession is rightly called the learned profession. The legislature may do well by enacting various laws and acts for the welfare of the society and nation in the various fields and areas. However, it would remain a paper tiger unless it is enforced by way of legal administration. In this, the advocates play a crucial role. To give a small illustration, the legislature in all its zeal to bring gender equality enacted several laws, both civil and criminal to promote the rights of the women. The legislature also enacted laws to give equal rights for women in property 5 matters. However, the advocates have played a very important role in enlightening the society (through their clients) regarding the laws and have advised to utilized it and enforce their rights. It can be seen that the women have started asserting their rights and their lot have become better than the past. Lawyers have a pivotal role to play in a developing society presenting unending challenges of evolutionary and revolutionary changes as they are directly in touch with the society.


8. The Advocates’ Profession is a unique profession in the sense that the members of the legal profession are pitched against each other to fight for the cause of their clients in search of truth and justice. A point which eludes the understanding of the common man and which is deprecated generally by the common man is the role played by the Advocates in the defence of Accused, “bad” people, criminals, people who do not deserve any protection and who in their opinion deserve to be punished. People attribute motives when an advocate represents his client. Also advocates representing criminals are looked upon as criminals since it is their premise that only a person who endorses the act of the criminals can plead for them. In this regard, since the recent past, there is a misconception and misunderstanding in the society about the role of an advocate and the nobleness of the profession. This has been so not only in India, but in a few other countries where there has been no proper understanding of the legal profession

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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 postulate of criminal jurisprudence. It is not necessary to go into the correctness or otherwise of the allegations made against the accused as this is a subject matter to be dealt with by the trial judge".


On November 1, an FIR was registered against Khan under Sections 153-A (promoting enmity between different groups) and other sections of the IPC at the Barsana police station in Mathura.


It was alleged that Khan and co-accused Chand Mohammad had offered namaaz on the temple premises without the consent of the priest.


Photographs of the incident went viral on social media.


Khan was also accused of receiving foreign funds.His counsel argued that the applicant is a social activist, who has revived the 'Khudai Khidmatgar' movement and is working for maintaining communal harmony for the past 25 years.


It was in this connection that he undertook a 'yatra' to visit temples.


Khan was offered 'prasad' and lunch by the temple's chief priest, who also bestowed blessings on him as is clear from the photographs, the counsel said.


"The applicant had no intention to disturb the communal harmony of the society and he did not enter the sanctum sanctorum of the temple, rather he offered namaaz outside the temple with the permission of the priest as is clear from the viral photographs," he added.


After hearing arguments, the court granted bail and directed Khan to cooperate in trial and not to tamper with prosecution witnesses."

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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 a gazette notification and published notice and also submitted an application to the board to change his name to Kabir Jaiswal instead of Rishu.


On the basis of Gazette notification, his name has been changed to PAN card and Aadhar card. But the CBSC rejected the application for change of name in her educational certificates, saying that her name had not been changed in the school documents.The court has placed reliance on the judgment given by Supreme Court in the case of Rayaan Chawla and directed CBSC to issue a new certificate to the petitioner in the name of Kabir Jaiswal with in two month.

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Inflation

  The first of these and the oldest is the view that the level of prices is determined by the quantity of money. The ratio of the stock of m...