You Don’t Need to Carry A Physical Licence Henceforth

When you are on the roads and driving be it a four wheeler or a two wheeler some of the few things you need to keep with you include the driving license, Vehicle registration certificate and the pollution control certificate. While it is allowed to carry a copy of the same, it is quite a hassle and many of us opt to carry the original. This kind of leads to a risk losing the original document or card.

As per India Today, the Union ministry of Road Transport and highways has amended the Central Motor Vehicle Act of 1989 allowing people to carry the relevant documents in digital format. As per the new amendment, a vehicle owner does not require to carry documents like driving license, document of pollution under check, registration certificate (RC), fitness and permit etc., in their physical format. They can use the digital format form as well and show it to the concerned authorities on their screen.

Digilocker

This service comes under the digital India initiative thus enabling people to store official documents on the cloud with the help of a central government operated app called the Digilocker. The app can be easily downloaded from the App store or Google play store. There is a validation process of the documents that you store but it is simple and easy because the validating authorities are the same authorities who have issued the documents. This does also mean that showing scanned copies of documents is not permitted by the law and that it’s only possible for people having smartphones.

The initiative is a part of the promoting a paperless governance and is definitely going to ease a lot of hassle that it causes to people in terms of carrying physical documents with constant threats around accidental damage, burglary, losing or misplacing the documents which could further lead to a lot of tedious procedures.

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This initiative of digitizing India is definitely a forward thinking strategy and amendment of the existing law only brings forth the fact that with times the laws also need to change in order for a country to progress. Change is the only constant and we as country not only need to anticipate it but also initiate it.

 

*Sourced from the internet

Stringent Implementation of Cyber Laws in India – The Need of the Hour

Cyber laws deal with cybercrime viz. the relationship of the internet with electronic and technological elements like computers, hardware, software, and related information’s systems. The law is devised to control and stop cyber crimes like online frauds and scams, hacking, computer system attacks, identity thefts, prohibited or illegal content. Cybercrime can not only cause financial issues but also upset victims extremely on a mental level. There are two types of cyber crimes one is with the computer as a target and the other using the computer as a weapon. Cyber laws include copyright, defamation, freedom of Speech as well as harassment and stalking, contracts and employment, trade secrets and more.

Here are a few examples of cyber crimes in India.
For example, Google and other online search engines spend a great deal of time developing algorithms for search results. They also spend a lot of time and resource on developing maps, intelligent assistance and more. Cyber laws help these companies protect their trade secrets and take legal action with the help of cyber lawyers against cybercrime.

Online eCommerce scams are not new. There are many cases coming to light where people ask for transferring an amount of money against the transfer fee for winning a big lottery amount. Many people fall prey to the high lottery prizes and transfer. Once the money is transferred by the victim, they receive nothing. Now, you can take help of the cyber law to trace such frauds. In 2012 a 32-year-old man was arrested by the Cyber cell for duping a student from Kandivali for Rs 1.2 lacs through a lottery scam. The Mumbai cyber cell cracked this scam.

There have been many instances popping out in the media about leakage of personal Aadhar card details and more. It’s not that India does not have any cyber law. The law is very much there and comes under the Information technology Act, 2000 or IT act as they call it. Though the internet has brought forth a lot of complex legal issues while the existing laws could be old school. The notorious cyber hackers hence try to tweak these laws taking disadvantage of the glitches and use it to their own benefit. Even today with millions of Internet users in India, don’t have an email ID that is considered to be a legal email ID. There is not legalization done for email IDS even today as there is no law to do so. As the times are changing rapidly and the country is digitizing, enabling of a legal support substructure to fit the current times is absolutely necessary.

The rate at which Cyber-crimes are increasing in India, it is high time that stringent cyber laws are brought into effect to control the further rise and even the existing rate of Cyber-crimes like online frauds, scams, hacks and more.

 

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Filing A Complaint Against Dowry in India is Easy Now

Though Dowry cases have reduced considerably thanks to the awareness initiatives and legal reforms in India, this dreadful system is not totally eliminated as yet. It is still prevalent in many regions of rural as well as urban India. The prevalence of this custom has led to thousands of homicides as well as suicides in India, sadly so. As per statistics India tops the list of dowry related cases and around 30,000 dowry cases were officially reported in the year 2013-14. This is a huge number and speaks the torment of the women in India due to dowry. There have been almost 10 K cases of suicidal deaths due to dowry harassment as well as reported by the National Crime Records Bureau besides almost 4000 harassment cases by husband and in-laws for dowry were filed by the year 2015.

Filing A Complaint Against Dowry in India

Many of us are aware of the dowry prohibition act that was brought into effect in the year 1961. Under this act of IPC section 498 (A) – taking, giving or abetting dowry by imprisonment is a punishable offense and can cost you a fine of upto five thousand bucks or six months of jail. A woman has to raise her voice without fear of any sort and file a case so that the government and the law can help her out. The government has over the years simplified the case filing procedures so that women can take optimum benefit of the law. As per a retired IPS officer Mr Mukherji added that a women needs to give an accurate description of what happened and present facts rather than making half-baked statements.

The government has even made provisions for women police stations so that women can comfortably go and register complains there. The first one was opened in 1992 itself in Tamilnadu. Besides every police station today is equipped with a women’s cell. Furthermore, the government has also made it mandatory for any and every police station to take complaint of a dowry related case of a women irrespective of jurisdiction. The FIR is registered under a zero number and later transferred to the relevant jurisdiction. The government has also made a provision for women to be able to complain online to the website of any NGO or website of the National Commission for Women. Online case or FIR filing facility is also already available on their official website.

Though the procedures are made simple and accessible to all, it’s the women primarily, who need to take a step for themselves when it comes to raising their voice against their own people for saving their own life. Until, they stand up for themselves, the crux is no one else will be able to help them out completely.

 

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Double Death Penalty for Convict in Double Rape – Murder Case A Judgement Case Study

Hearing the case of a double rape and murder crime of December 2, 2007, Kerala high court upheld the death penalty given by the trial court to the accused name Rajendran. The district and sessions court Thodupuzha found the accused guilty of the rape and murder and hence upheld the judgment. The crime happened in the Idukki district of Kerala and was committed by two men in cold blood.  Rajendran was caught but his aide Jomon absconded after committing the crime. Both Rajendran and Jomon ravished the victims one by one before killing them in cold blood with the help of a rod and chopper.

The HC division bench included Justice C T Ravikumar and KP Kyothindranath (retired now). They did consider the Death Sentence reference but upheld it. Rajendran had filed an appeal on the judgment of the trial court dated October 31. Though there was no eye-witness of the crime, testimonies did indicate the presence of the accused near the house of the victim on the day of the crime. Furthermore, the forensic evidence that include samples of hair, nail clipping as well as seminal stains made the doubt pretty clear about the involvement of the accused in the crime.

The High court confirmed the death penalty while saying “ the commission of murder was intentional, cold blooded and brutal and it was committed after ravishing two hapless women, mother and daughter duo in a ruthless manner from the same room”. The court also noted the fact that one of the victims of was the mother of a 7 month old child and observed “ The manner in which the offences were execute, in the circumstances explained herein before, we are of the firm view that they are sufficient to make the commission of the crime uncommon and at the same time tend us to believe firmly that imposition of the sentence of the imprisonment for life of the appellant would be inadequate”.

The court also stated that there was no mitigating circumstance that was in any way favourable and hinting to a possible innocence of the accused and that the appellant was a father of a child and a husband could not be considered as an extenuating factor. Even his age of 42 years could not be considered as the accused was now 53. Therefore, under the guidelines of the “rarest of the rare cases”, the High Court dismissed the appeal and confirmed the death penalty.

 

*Sourced from the Internet

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.

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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.

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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.