Supreme Court Today Scrapped off the Law of Adultery for Women in India

For those who aren’t aware what the adultery law says, it’s the section 497 of the Indian Penal Code or IPC that deals with adultery.

The Section 497 read as follows –
“Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offense of rape, is guilty of the offense of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.”

Law of Adultery for Women in India

Additionally, the section 198 of IPC gives only the husband the right to file a case against the man involved with the wife in the act of adultery. Furthermore, if the husband of the woman gives consent to his wife to have intercourse with another man, the act is not regarded as an offense.
This section thus only reiterates that India is misogynist thinking and is a place where women are denied equality and more so are considered commodities of men.

A petition was filed in December 2017 to decriminalize this law and the supreme court decided to accept the litigation in public interest. The hearing began in August 2017 and the judgement was delivered on September 27, 2018. This law was recently scrapped off by a five bench judges. One of the judge was justice DY Chandrachud. It was in 1985 that this law was upheld by a bench headed by none other than his own father. Today in 2018, the son overruled the judgement stating ‘the adultery law is arbitrary and it offends the dignity of a woman’. The bench further stated that the section 497 (of the IPC)

Though the Chief justice Deepak Misra said that even if it cannot be considered a criminal offence, it can be considered a ground for filing divorce.

 

*Sourced from the Internet

Received a Fake Product From an Online Shopping Website – Here’s What You Need To Do

Many of you might have come across incidences wherein, people have received stones, bricks and more instead of the expensive products they purchased. There was this case that came into light about a customer from Ghaziabad buying an expensive phone worth over 45K from an online site and getting stones in the box. But, he was smart enough to cover the box opening procedure on his phone video camera. He simply posted this video on the micro-blogging site and was lucky enough to receive a full refund with 4 days.

But, such incidences leave very bad impressions about online transactions or purchases. People turn reluctant to make purchases of higher costs as well. Many times the product is damaged as well or even fake. The reason being that some eCommerce sites only tend to be a selling platform where umpteen buyers sell products.

So, what’s the action plan if you fall prey to this online fraud, which could be due to a fake website purchase, or a fake seller on a genuine website or a notorious courier company.

Here’s a look through some preventive measures that can primarily help you keep such frauds at bay.

Check the site URL – The URL of the site is the first thing you need to check when you visit the site. A secure site will always have HTTPS with a lock icon. A non-secure site will have HTTP.

Check for customer reviews – The customer reviews and rating of the seller together will give you a fair idea of the quality of the products and service of the seller.

Check the payment gateway – Do check if the payment gateway used for payment through credit card or debit card or net banking is secure enough.

Now, in times when you fail prey to frauds, fake or damaged products, this is what you could do to get out of the mess.

If you get a fake product – If you get a fake product, primarily, click the images of the product and contact customer support of the website through email and give every relevant detail pertaining to the product. Wait for the customer support to get back to you. They might ask you to return the product and refund you the money or suggest a replacement.

Incase, the site does not agree to refund or replace you may take the next step, viz. legal action.

Reach out to the Consumer Court – You may file a complaint to the consumer court with the details. You might have to hire a consumer lawyer for the same and fight the case. You can claim the complete compensation from the seller.

File a case – You could either send a legal notice to the seller with regard to the fake product after consulting a consumer lawyer or file a case of infringement via a copyright lawyer.

Whichever legal step you take and proceed to be sure to consult a consumer lawyer and then go ahead. Make certainly give the best results.

Just know about Top Law School in India

*Sourced form the Internet

Working with Law Firms – What you See vs what you Get

Most law graduates dream of getting placed in one of the top law firms in India for various reasons, the main being a big fat pay cheque. It is a big opportunity which enables you to work with big fishes like business tycoons, celebrities in the country and at times get media attention too. You get to have skyrocketing career and with that an elite lifestyle. On the flip side such law firms spread across the country come out with not more than 200 openings against the thousands that graduate every year from law firms. Furthermore, most of the jobs either go to the toppers from the best universities or relatives with contacts. So at the end of the day the idea of landing a high paying job in the top law firms in India is just like a mirage in the desert.

Top Law Firms in India

Reality Check
While students are curious and excited to work on big projects, with celebrities and head honchos in top law firms, the reality is quite different. As a beginner or an intern you don’t immediately get such big breaks. Initially it is only about doing filing work or proof reading documents or due diligence related tasks that you might land upon. Thus as a junior associate against your presumptions, what you do would be quite boring, actually.
Having said that, this is the case with most of the careers. The initial period is more of toiling. Also, as there is a lot of pressure after graduation to land a job into a top law firm and that tends to make students do stupid things.
So, are there really any pros there or only cons. Yes, off-course there are pros of getting to work with a top notch law firm and cons too. Here’s to list a few-

PROS

  • To be with the best, you need to give your best. So, here’s a place where you need to put your best to match their standards and class.
  • At such firms, you as a new graduate law students get to groom yourself, learn to dress, be on time and learn about communicating professionally which can be of great help in a later stage.
  • You get to work with the competent team and get to learn a lot about teamwork and from them as well.
  • Top law firms provide full service and hence you get a 360-degree learning experience on various fronts of law.

CONS

  • Work timings are one of the biggest cons in a law firm. There are no fixed timings and could land you home as late at past midnight. So, personal life might as well go for a toss when working with these firms.
  • Don’t always expect very well behaved seniors. Be ready for experiences where if you underperform as a young law associate, you are shown the door straight away. No wonder, attrition rates are so high in law firms.
  • Sitting for long hours in front of the computer can cause a lot of physical stress as a law firm job is a desk job.

Having said that, if you are competent enough with a willingness to work 24 x 7 then you could be the preferred one and climb the ladder of success faster in terms of roles and responsibilities as well as remuneration.

KLE Law College is one of the Top Law School in India

 

*Sourced from the Internet

Supreme Court scraps out Section 377 – Huge Relief to LGBT Community

It was a historic day and a historic decision made by the Supreme court of India on September 6, 2018. For those who are not aware of Section 377. It is a section of the Indian Penal Code which considers gay sex as a punishable offense. But, not any longer because the Constitution bench of country’s top court has passed the judgement in favor of the LGBTQ community. In its judgement, the court specified that sexual orientation is natural and no one has control over it. Hence, consensual gay sex in private is not a punishable offense anymore.

Supreme Court scraps out Section 377

The Supreme Court said that consensual sex in a private area and in between adults which is of no harm to women or children is permissible and a matter of personal choice of an individual.

The section 377 is about 150 year old law and the supreme-court said that with changing times, the law also needs to be amended. Section 377 had been introduced in the year 1861 by the British rulers in India. As per this act, whosoever has carnal intercourse against the order of nature with man, woman or animal will be punished with life imprisonment, or upto 10 years along with fine.

Well, as per the judges the ban is irrational, manifestly arbitrary and indefensible hence has been reversed after supreme-court had overruled it earlier in the year 2013 and just struck the section 377 partially.

After the judgement was passed the Chief Justice of India Dipak Misra said that it was time to bid adieu to the prejudices and empower our citizens. At the end he concluded saying “Take me as I am” raising a thumbs up to gay pride.

It is surely a judgement of its kind because it is the harbinger of right to freedom winning out over all odds. The LGBTQ community has been fighting this battle for long time. There also have many cases where the law is twisted and used to scare out the LGBT couples. Its finally a sigh of relief for the community to live with dignity and without fear.

 

*Sourced from the internet

5 Types of Advance Property Deal Payments a Buyer Needs to Avoid

Advance Payment in a property deal is a financial tradition that has been into existence for long now. Well, advance payments and token amount are given at the time for finalization for starting a property deal. While the token money can be a meager some or can be a larger amount before the full and final payment is made at the time of registration.

To be precise, the seller at times demands additional money other than advance before registration. Even banks insist on advance payment but not many know that it is against the rules and regulations because the buyer’s money is at risk as the transfer of property isn’t made.

Pre-closure of Home Loan
When the seller asks the buyer to pay advance for pre-closure of the home loan, there is enough probability of a fraud. The possibility is that the buyer could pay the home loan dues and sell it to someone else. So, he would be selling it to two people at once. Furthermore, the seller would be gaining almost double money and while the two parties would be fighting each other.

Higher Payments before Registration
As per the thumb rule, if you are buying a property never pay above 20% of the property value before the registration. You increase the amount of pre-payment, you increase the risk as well. Also, never disclose to the seller how you are going to make the payments, as in how is a loan and how much you are going to pay from your pocket. You may avail 80% loan even if you have the money, and go for pre-closure rather than paying from your pocket.

Registration Date and Delay
The property deal could close in 45-60 days or at time 6 /12 months. If the registration time is more than the said period a sale agreement needs to be made. But, a rather good idea is to close the deal ASAP as the risk increases. If the registration date is over a year later, there is a high chance that the buyer backs out due to increase in property rates.

TDS
TDS, also known as Tax at Source has always topped the list wherein bank asks to pay in advance. When you avail a home loan, the TDS amount could be the high amount and the bank could insist the buyer to pay it in advance, submit the receipt of the same before the loan amount is dispersed by them. This is apparently, not required or not in the rule book. For example for an Rs. 100 loan in the ratio of 80:20 wherein the buyer paid 10 as token and 10 was to be paid later and 80 is to be paid by the bank. Now, the bank demands TDS that comes to 20.66, considering long-term capital gain for the property that values over a crore buck. The banks ask the buyer to pay advance 20.66. The buyer is paying 10.66 in excess and is not aware of how the adjustment of the same would be made by the bank. It’s tricky and hence it is better not to indulge in such a kind of situation. Alternatively, you may give a written application to the bank to deduct the TDS and transfer the remaining amount to the buyer’s account.

Stamp Duty and Registration
Registration and stamp duty charges vary from state to state. Some states provide the facility to buy stamp papers of the stamp duty value before registering the property. The validity of paying the stamp duty is that of 6 months. But, be aware that stamp papers are not refundable or transferable. Hence, never buy the papers in advance until you are already with the verification and payment. Hence, rather than advance payments, carrying a demand draft or bankers cheque with you on the day of the registration is a better idea. Also, try to find out the exact amount around a week in advance from the sub registrar’s office and get a DD issue on that amount so that you can deposit it on the day of the registration.

Last but not the least many sellers ask for cash payment which is a big no in every property deal because cash payment above 20K is considered illegal.

Aarushi Murder Case – Recent Update on one of the most Mysterious and Unsolved Murders in Recent Times

Aarushi murder case is one of the most controversial and talked about whodunit crime cases that could not be entirely solved. It did see a lot of twists and turns and got many movie directors making movies about the case as well as a book release on it. Last October the parents of Aarushi-Talwar, got acquitted from the murder on account of lack of full-proof evidence, but CBI wasn’t in favor of this decision of the court. A few days ago, after almost one year of the acquittal of the dentist couple Nupur and Rajesh Talwar, the High Court finally has admitted the appeal of CBI against the acquittal of Aarushi’s Parents.

Hemraj’s wife was the first to file the petition in the court against the couple saying that they were acquitted wrongly. After a few days even the CBI filed for a review saying that the acquittal was wrong on ‘many counts’. The Talwar’s have already spent four years in jail after a CBI court had convicted them of the double murder with a life sentence.

Aarushi Murder Case

Many investigators believe that the murder was committed by an insider because there was no sign of forced entry into the apartment and the victims were in the presence of the couple before the murder occurred. Though the court has not denied the carelessness in the investigation and evidence as well.
The Aarushi murder case investigations had delved into three angles associated with the crime

  • Couple Parents as suspects of the crime

The UP police suspected the couple Rajesh and Nupur Talwar during the investigation due to a number of clues and circumstantial gap indicating their involvement.

  • Three intruders namely Krishna, Vijay Mandal and Rajkumar as suspects

Their role in the crime was a possibility because they had easy access to the house and Krishna, one of the helpers of Dr Rajesh was scolded for making mould correctly.

  • Other intruders besides servants as suspects

The possibility of involvement of intruders besides the servants was ruled out during the investigation as there was no circumstantial evidence to prove the same.

But, there was not enough evidence to prove whether the servants had created the crime or the parents. Hence, the CBI had asked for closure of case citing reasons of insufficient evidence in 2017 after 2.5 years of botched of investigations. But, the report file in Ghaziabad was rejected but the couple convicted by the Ghaziabad Trial court in the case and sentenced to life term. But, they were ultimately acquitted in October last year citing lack of key evidence in the matter. The Talvar couple has denied that they committed the crime and said that they were only victims of a botched up investigation as well as unfair media coverage.

Now, the Supreme court has admitted the review of double murder case filed by CBI and Hemraj’s wife and sent a notice to the dentist couple for reviewing it.

*Sourced From the Internet

All you Need to Know About One India One Election

While the governing government has already proposed the One Election System in India, it has been opposed by opposition parties. Presently, the State assembly and Lok Sabha elections are two separate elections and if they are organized at the same time, it can be big relief to not only the administration and people but to the economy as well.

One India One Election

The former Chief Commissioner of India, did bring up the recommendations made by the Parliamentary Standing committee which harped upon the enormous amount of money that was spent of conduction elections separately and the cost saving of adopting a one election methodology. The four reasons includes that were mentioned besides two more at the India foundation Symposium on One Nation, One Election include the following –

  • The imposition of Model Code of Conduct on separate election results in a policy crippling.
  • A mammoth manpower is needed to handle the election in a country beyond billion
  • It does impact the delivery of essential services adversely
  • Blows a big hole in the pocket of the government

The other two reasons included –

  • Many parties and political leaders make promise big freebies and money at times during the election time
  • Caste and communalism reaches its peak during the election times.

In the month of July 2018, the law commission did invite all the National and State parties that were recognized for conformity on the proposal but very few showed up. The opposition party also had their say on the same. Many political leaders of opposition put their thoughts that included the following –

  • The idea or concept is fundamentally anti-democratic
  • The opposition said that one election could help the ruling party to hide their poor performance and policy failures
  • It would weaken the regional parties and strengthen the national ones.

The NITI Aayog was in favor of one nation one election on reasons of financial and administrative loading issues that arise on account of separate elections beside the point that it would go on to avoid the misuse of MCC. The MCC comes into force when the dates of election are announced and prevents the ruling government from making any changing like transfers, posting without EC approval, new appointments or launch of new schemes to name a few. It acts like a trap for governance and also leads to destabilizing the elected government and burdening the treasury heavily. The Estimated cost of the election of 2014 was around 4000 crores and the 2019 elections would definitely cross this amount.

Thus, approval of the one nation one elections will definitely mean a lot of savings of people’s money and a big advantage to the election commission as well as campaigning parties.

*Source from the Internet

Courts Decision on Ban on Firecrackers in Delhi

The Delhi court is soon going to rule out its decision on whether the ban on the sale of fire crackers in Delhi and NCR region will continue this Diwali or not. The kid petitioners who had filed the PIL are less than four years of age and have sought a complete ban on the purchase, sale as well as transportation of fire crackers. Their lawyer did present a lot of material on how children were the most affected amongst all because of the smoke that arises out of bursting the fire crackers.

Courts Decision on Ban on Firecrackers in Delhi

The highlight of the case was that the petitioners has got the chief of Lung Foundation Sri Arvind Kumar as well as Chairman of Centre for Chest Surgery and Lung Transplantation, to strengthen their case.
Both the doctors explained the jury about the ill effects that smoke causes on people and Dr. Kumar also shared his experiences as a Surgeon stating that indirectly everyone in Delhi is a smoker. Through pictures of lungs he showed how a spike in PM 2.5 during the Diwali season of fire crackers can prove to be fatal and have a major effect on the mortality rate even if there is a 10 micron rise.

LAW COLLEGES IN BANGALORE

The plea also included explanation on how kids were adversely affected by the smoke pollution of fire crackers as their lungs were not developed fully making them even more vulnerable to conditions like asthma, bronchitis, lung disease as well as cognitive impairment.

Last year the high court did suspend the sale of fire crackers in Delhi as well as NCR to measure the positive effect of fire cracker less festive celebrations for the period October 9 – November 1, 2017. The hearing bench of Justices do agree that children are affected adversely and the most due to the smoke pollution but they are still to come to a decision of whether to levy a ban on the same or to regulate the sale of fire crackers this Diwali.

While it is a known fact that fire crackers worth crores of Rupees are sold for Diwali celebrations, even the fog cover that Delhi has experienced recently does pose the need for strict rules and regulations to curb different types of pollutions and maintain healthy air standards in the capital and around.

*Source form the internet

What is privilege Motion – Indian Parliament

Recently, we saw Lok Sabha members move two different motions precisely the ‘no confidence motion’ and ‘privilege motion’. While we have discussed ‘no confidence motion’ in the earlier blog already, here’s all about privilege motion in India.

What does Privilege motion mean?
Unlike the no confidence motion, the privilege motion is applicable to both the Rajya-Sabha and the Lok Sabha. As MP’s of the Parliament, the members are granted certain privileges individually as well as collectively so that they can perform their duties properly. But, if any of the member disregards these immunities or rights, the act is known as breach of privilege and is liable to be punished under the same as per the Parliament laws.

When a MP sees a breach of privilege by another member/members, he or she can move the privilege motion against all those accused of the breach. Besides, the Rajya Sabha and the Lok Sabha both have the power to punish any contempt of the parliament other than breach of privilege considered against its dignity or authority.

privilege Motion - Indian Parliament

Rule 187 / 222
The privilege motion has a mention in Chapter 20 of rule 22 for the Lok Sabha and Chapter 16 Rule 187 for the Rajya Sabha. If any member wants to move the privilege motion he or she has to provide a notice to the Speaker before 10 am against any other member, committee or even the house. The first scrutiny level of the privilege motion in the Lok Sabha is through the Speaker and Rajya Sabha through the Chairperson. If the Speaker or Chairperson admits the motion than the accused or concerned is given a chance to explain themselves.

Referring a Motion
After listening to the member the Speaker/Chairperson can refer the motion to the parliamentary committee. It consists of 15 members in equal strength from various political parties. They prepare a report on the same and a debate of one and half hour is allowed on the report prior passing the final orders. The speaker may also suggest that the ordered be tabled and decision or resolution be passed on it in collectively. The procedure remains the same for the Rajya Sabha or the upper house as well. Only that in the Rajya Sabha the committee is made up of only 10 members against 15.

Examples
In the Past, many privilege motions have been passed in the Lok Sabha, but most of them have been rejected and only some have demanded action on the same. One of the most notable cases of the privilege motion was the one that was passed against Indira Gandhi in the year 1978. It was moved in by the then Home Minister Charan Singh. It was based on Justice Shah Commission observations while investigating excesses during Emergency. Even though Indira Gandhi had won the Lok Sabha elections then, was expelled from the house owing to the same. In another case, it was BJP MP Subramanian Swamy who was expelled by the Parliament for giving explosive interviews to foreign publications and thereby disgracing the house.

 

*Source from the Internet