#cases filed in the us got dismissed and transferred to india :)))) | Explore Tumblr posts and blogs

gokul2181 · 4 years ago

Text

#BigStory: Sushant Singh Rajput case, a complete look | Hindi Movie News

New Post has been published on https://jordarnews.in/bigstory-sushant-singh-rajput-case-a-complete-look-hindi-movie-news/

#BigStory: Sushant Singh Rajput case, a complete look | Hindi Movie News

The Sushant Singh Rajput case has taken on the dimensions of an epic melodrama that keeps shedding peels to reveal newer perspectives and angles. Even as Bollywood dodges stray projectiles fired from this endless musket pouch, the nature of the dragon is such that there seems to be no slaying it.

However, the scene now finally seems all set for the denouement, with the forensic team of the All India Institute of Medical Sciences (AIIMS) having submitted its report to the Central Bureau of Investigation (CBI). The team submitted its analysis of the post-mortem, autopsy and viscera reports, along with other photographic evidence gathered by the Mumbai police during their investigation. The CBI has confirmed that the AIIMS team has submitted their ‘conclusive findings’ , which will be reviewed before the federal agency concludes whether Rajput’s death was a suicide or a murder.

Many angles and conspiracy theories emerged over the last few months since Sushant died. Amidst the genuine shock, dismay and outpouring of emotion, the several unlikely twists this case has taken have left most people despairing and disbelieving. Suicide turned to murder, to pre-meditated politicised slaughter, to connections to drug cartels, taking in its long tail some of the mightiest of the film industry. The NCB joined the probe that had been handed over to the CBI amidst much fanfare. The anti-drugs agency has since taken Rhea Chakraborty and her brother Showik Chakraborty among many others into custody. Images of a stunned Deepika Padukone, Sara Ali Khan and Shraddha Kapoor entering the NCB portal over ‘maal’ charges and leaving minus their lifeline cellphones held television audiences captive for several days.

As the CBI, NCB and the ED continue to investigate ‘all angles’ in this death case, the late actor’s family and fans have continued their relentless campaign demanding speedy justice.

Where are we really with this case? How will it pan out and when will all this end? Even as we ask these questions daily, let us take a look at the timeline of how events unfolded since SSR’s death to understand the whole picture since that tragic Sunday!

Jun 14: Sushant Singh Rajput found dead in Mumbai home Bollywood actor Sushant Singh Rajput was found hanging from the ceiling of his Bandra apartment in Mumbai. The actor’s body was taken to Cooper Hospital for post-mortem. The Mumbai Police later registered a case of ‘accidental death’. The last rites of the actor were performed on June 15, in the presence of his family and a few close friends.

Jun 18: Rhea Chakraborty records her statement before Mumbai Police The Mumbai Police began their probe, conducting preliminary inquiries and recording the statements of over a dozen people, including Sushant’s father, his sisters, close friend Mahesh Chhabra and even Rhea Chakraborty. The actress was grilled by the police for about 9 hours.

Jun 25: Sushant Singh Rajput’s final post-mortem report submitted Rajput’s detailed post-mortem report recorded “asphyxia due to hanging” as the cause of death. The report also ruled out foul play, citing no signs of struggle or external injuries and stated ‘nothing was found under his fingernails’.

Jun 27: Viscera report reveals no traces of chemicals or poisons Sushant Singh Rajput’s viscera analysis conducted by the Kalina Forensic Lab dismissed any foul play in the actor’s death. The report ruled out the presence of any ‘suspicious chemicals or poisons’ in the actor’s system at the time of his death.

ALSO READ: 11 Unanswered questions in the Sushant Singh Rajput death case

Jul 25: Rajput’s father KK Singh lodges an FIR against Rhea Chakraborty Sushant Singh Rajput’s father KK Singh filed an FIR at the Rajiv Nagar Police station, Patna against Rhea Chakraborty, Indrajit Chakraborty, Sandhya Chakraborty, Showik Chakraborty, Samuel Miranda and Shruti Modi. The FIR was lodged under Indian Penal Code sections of 306 (abetment of suicide), 341 (punishment for wrongful restraint), 342 (punishment for wrongful confinement), 380 (theft in dwelling house), 406 (punishment for criminal breach of trust) and 420 (cheating & dishonestly inducing delivery of property).

Jul 29: Rhea moves SC seeking transfer of FIR from Patna to Mumbai Rhea Chakraborty filed a petition in the Supreme Court seeking transfer of the Patna FIR in the Sushant Singh Rajput case to Mumbai, citing that the Bihar Police had ‘no jurisdiction’ to enquire into the case.

Jul 31: ED files money laundering case against accused The Enforcement Directorate (ED) filed a money laundering case against Rhea Chakraborty and the other 5 accused. The agency began their probe into alleged mishandling of funds and scrutinised bank statements to ascertain any financial irregularities or purchases of illegal assets.

ALSO READ| Five statements by Sushant Singh Rajput’s father’s lawyer Vikas Singh

Aug 2: Bihar IPS officer Vinay Tiwari put under quarantine in Mumbai A Special Investigation Team from Patna Police arrived in Mumbai city to conduct their probe into the death of the actor, following the FIR filed in Patna. However, their investigations hit a roadblock after the Brihanmumbai Municipal Corporation (BMC) put IPS officer Vinay Tiwari under quarantine.

Aug 6: CBI lodges an FIR in case After the Centre accepted the Bihar government’s request for a CBI inquiry, the central agency filed an FIR against Rhea Chakraborty, Indrajit Chakraborty, Sandhya Chakraborty, Showik Chakraborty, Samuel Miranda, Shruti Modi, and others in connection with the case. However, the team waited for directions from the Supreme Court to formally begin their probe.

Aug 19: Supreme Court upholds transfer of the Patna FIR to the CBI The Supreme Court of India passed the order to uphold the transfer of the Patna Police’s FIR to the CBI. The single-judge bench of Justice Hrishikesh Roy put an end to the jurisdictional tussle between the Bihar Police and the Mumbai Police by transferring the case to the CBI.

Aug 20: CBI team arrives in Mumbai to begin probe A CBI team arrived in Mumbai to initiate the probe. While some of them collected evidence and other case-related material from the Mumbai Police, others began recording statements of people involved in the case and a third group visited Sushant’s residence to re-create the crime scene.

Aug 22: AIIMS Forensic team roped in by CBI A team of AIIMS’ forensic department was roped in by the CBI to give medico-legal opinion into the death of the actor. The team led by Dr Sudhir Gupta recreated the scene of the incident, collected samples from the flat and even lent their expertise to analyse the late actor’s autopsy report and viscera report.

Aug 25: ED unearths alleged drug angle in SSR death case While investigating phone record data in the money laundering case, the Enforcement Directorate unearthed an alleged drug angle in the Sushant Singh Rajput death probe. According to reports, certain WhatsApp chats between Rhea Chakraborty and talent manager Jaya Saha, discussing ‘hard drugs’ came to light during the investigation.

ALSO READ| Sushant Singh Rajput’s death case: List of people interrogated by the Enforcement Directorate

Aug 26: NCB joins the probe Following the alleged ‘drug chats’ that surfaced in the ED’s investigations, the Narcotics Control Bureau (NCB) joined the probe. The agency registered an offence against Rhea Chakraborty under section 20, 22, 27 and 29 of the Narcotic Drugs and Psychotropic Substances Act. These NDPS sections pertain to the consumption of narcotic drugs or psychotropic substances and abetment and criminal conspiracy.

Sept 4: NCB takes Samuel Miranda and Showik Chakraborty in custody in drugs case The Narcotics Control Bureau (NCB), took Showik Chakraborty and Sushant Singh Rajput’s house manager Samuel Miranda in their custody for further interrogation in the drug case. The two were arrested after the agency allegedly got “adequate evidence” to prove their involvement in an alleged ‘drug syndicate’.

Sept 7: Rhea files FIR against Sushant’s sisters and Dr Tarun Kumar, Mumbai police transfers it to CBI Rhea Chakraborty filed an FIR against Sushant’s sisters Priyanka Singh, Meetu Singh, Dr Tarun Kumar of Ram Manohar Lohiya hospital and others. She claimed that the accused hatched a conspiracy and obtained a false prescription containing banned medicines and annexed the same without supervising dose and quantity which may have resulted into a chronic anxiety attack and resulted in Rajput’s suicide. The Mumbai police filed an FIR under IPC 306- abetment to suicide, IPC 420- cheating, IPC 464- making a false document, IPC 465- punishment for forgery, IPC 466- forgery of record of court or public register. On the directions of the Supreme Court’s order, the police transferred the case to CBI.

ALSO READ| Sushant Singh Rajput death case: Rhea Chakraborty’s side of the story

Sept 8: NCB takes Rhea Chakraborty under judicial custody in drug case Rhea Chakraborty was arrested by the Narcotics Control Bureau arrested under the Narcotic Drugs and Psychotropic Substances Act’s sections 8(c) (sale, possession or manufacture of banned drugs), 20(b)(ii)(possession or use of a small quantity of banned drugs) and other relevant provisions. The arrest came after a 3-day interrogation by the central agency. The NCB produced Chakraborty before a magistrate’s court, where she was remanded to 14-day judicial custody.

October 3: AIIMS dismisses theories of murder AIIMS panel, in its report to the Central Bureau of Investigation (CBI), ruled out the theories of poisoning and strangling floated by Sushant Singh Rajput’s family and lawyer. The CBI will now be probing into the original charge of ‘abetment to suicide’ that was listed by the Bihar police.

We spoke to senior lawyers to give us a sense of where they see the case going and their personal perspective on the case. All depends on the CBI report Senior lawyer Rizwan Merchant says, “It all depends on the final report of CBI. They haven’t released or shared any progress in investigations with the court, and therefore it is neither possible nor fair to speculate. Reports being claimed to have been shared with selective media channels and flashed on the public domain are consequently thoroughly unreliable.”

As of today, it remains a case of suicide Legal expert Majeed Memom says, “Initially, those who stood with Sushant’s family alleged that Mumbai police were not investigating the case satisfactorily and were trying to shield some important people. Allegations of similar nature were also hurled at Aghadi Govt. The whole episode became a political battlefield when Bihar DGP and Bihar police registered another CR and started a parallel investigation. Through SC the order of handing over the investigation to CBI was obtained and CBI took over the case. CBI has been working on it for over a month now but to date not required evidence has surfaced to term the case as ‘homicidal death’. As of today, it remains a case of suicide. Now the deceased family has lost faith in CBI too. The cause of concern is the overplay of the whole case by media and pro and anti-Sushant camp. In any case, everyone is anxious to know the whole truth in the matter without any further delay.”

This is a case of circumstantial evidence Hitesh Jain says, “We should get some idea about the investigation once there is some word from AIIMS as regards the post-mortem report. AIIMS report will indicate and throw some light on the cause of death. This is a case of circumstantial evidence and CBI has to establish the chain of events

Process of law should not be used to serve vested interests Abha Singh says, “CBI has not come up with anything substantial in more than 40 days. Sushant’s case was a case of Suicide and to say it’s murder is too far fetched. ED could find no money trail to Rhea Chakraborty’s account as was alleged by Sushant’s father in the FIR registered in Bihar. False narratives run by Channels for TRP has clearly shown than TV is no longer to be relied upon to know the truth. Till Bihar elections, the case will drag on. CBI will disclose its findings after that. Why Sushant’s family made such accusations on Rhea need to be investigated in real earnest. The process of law should not be used to serve vested interests.”

She went on to add, “The NCB was set up with a mandate to check international drug movement, big syndicates but it’s going after small-time users with no recovery but only on WhatsApp chats put the agency in very bad light.”

Source link

0 notes

loyallogic · 6 years ago

Text

Atul Mehra v Bank of Maharastra – Case Study on Bailment under the Indian Contract Act

In this article, Jahnvi Shah discusses the concept of Bailment under the Indian Contract Act.

Introduction

Bailment, as defined under Section 148 of the Indian Contract Act, 1872 is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished be returned or otherwise disposed of according to the directions of the person delivering them (bailor)[1].

One of the key ingredients emphasized on by this definition is the delivery of possession of the goods from the bailor to the bailee. The delivery of possession may be actual or constructive. Once the possession is handed over to the bailee, a contract of bailment arises regardless of the manner in which it was entered into. Hence, in one peculiar case, where the lady had handed over some of her jewels to a goldsmith to be utilized for making new jewels, and the lady used to take back the half-made jewels every evening for the purpose of safekeeping in her own box, the contract of bailment got over every evening as soon as the lady took the half-made jewels in her possession.[2] It was held in the Madras High Court that the lady did not have any action against the goldsmith as the jewels were lost from the possession of the lady at a time when the contract of bailment was not in force.

The two kinds of delivery of possession are

Actual delivery – when there is a physical transfer of possession of the goods, it is actual delivery. For example, when A and B who are classmates decide to exchange their notebooks to compare notes, they exchange the physical possession of the notebooks hence creating a contract of bailment.

Constructive delivery – where there is no physical transfer of possession, but something is done which has the effect of putting them in possession of the bailee. For example, when X goes out of town, he requests his neighbor Z to keep an eye on his car and hands him the keys. Though Z does not actually hold the car in his premises, the act of handing over of the keys constitutes delivery of possession of the goods from X to Z hence creating a relationship of bailor and bailee.

Considering this, it had become necessary for the court in the case of Atul Mehra v Bank of Maharashtra[3] to determine whether the hiring of the lockers by the plaintiffs constitutes actual delivery of possession to the defendants. This case was filed by Atul Mehra in appeal at the High Court of Punjab and Haryana. It is one of the landmark cases in India because it lays down the principle that hiring lockers at banks does not constitute a contract of bailment. It was previously talked about in some cases, and this court has upheld the principle that merely hiring a bank locker does not constitute delivery of possession which is a necessary ingredient for the contract of bailment. It was also said by the learned Judge that in order to constitute a contract of bailment, the bailee must be made aware of the contents of the locker so that it can gauge the nature and extent of the security and possible liability.

Click here

Facts of the Case

PARTIES IN THE CASE :-

Atul Mehra … Appellants

Versus

Bank of Maharashtra … Respondent

CITATION:- AIR 2003 P&H 11

The case was filed at the Trial Court by Atul Mehra, the appellant in present court, whereby issue Nos. 1, 2 and 3 were decided against him and issue No. 4 was decided against the Respondent as it was not pressed. The suit was dismissed with costs. Thereby, an appeal was filed by the appellant in this case, Atul Mehra, in the Lower Appellate Court which has upheld the findings given by the learned Trial Court. Hence, the present Regular Second Appeal.

Atul Mehra (i.e. the appellant) in the present appeal had hired locker No. 75 on 15th January 1986 at Bank of Maharashtra (i.e. the respondent). He had deposited jewellery in the said locker the value of which he claimed as Rs 4,26,160.

The strong room in which the locker was located was broken in and the contents thereof were stolen by miscreants. On 9th January 1989 an FIR for the same was filed. It was stated in the FIR that all other 43 lockers in the strong room were also broken in and contents thereof stolen.

On 2nd February 1989, all the 44 locker holders made representation to the bank by a registered acknowledgment duly pointing out the gross negligence and misconduct of the respondent in maintaining the lockers. They have contended that the alleged strong room was made up affair and it was made only of plywood, whereas it ought to have been made of iron and concrete.

On 20th February 1989, a representation to this effect was also made to the Ministry of Finance, Government of India, and the Senior Superintendent of Police, Amritsar.

On 21st July 1989, the police had made a report about the defective strong room and the lockers therein.

In contesting the suit, the Respondent has contended that the appellants had no locus standi to bring the suit against the Respondents. They have denied the following facts to be true :-

That jewelry in the value of Rs. 4,26,160/- was kept in the locker,

That there was any misconduct or negligence on the part of the respondent-bank in taking care of the lockers and strong room,

The police report dated 21st July 1989,

That there was any statutory or contractual liability on them to make good the loss allegedly suffered by the appellants.

The facts that they did admit to are the following:-

That the appellants had taken locker No. 75 from the respondent-bank on 15th January 1986.

That the lockers were broken by miscreants and content of the same were stolen.

The appellants filed replication. They refuted the contents of the written statement and reiterated the facts stated in the plaint.

Issues raised

Whether the plaintiffs have suffered loss due to misconduct and negligence by the defendant?

If issue No. 1 is proved, whether the plaintiffs are entitled to recover any amount. If so, to what amount?

Whether the defendant-Bank has no contractual liability to make good loss incurred by the plaintiffs?

Whether the plaintiffs have no cause of action or locus standi to file the present suit?

Would the relationship between the locker hirer and the bank fall within the definition of bailment as given in Section 148of the Indian Contract Act, 1872, merely on the locker being hired; or is it necessary also to prove by independent evidence entrustment, quantity, quality and value of the property claimed?

Arguments advanced

By the Appellant (Atul Mehra)

It was also argued that vital pieces of evidence was not considered by the later courts. Mr Chibbar had cited the Supreme Court’s judgment in the case of Ishwar Dass Jain v. Sohan Lal where it has been held that “the High Court can interfere with the concurrent findings of fact recorded by the Courts below if vital pieces of evidence have not been considered which, if considered, would have led to a different conclusion”[4].

According to the learned Counsel, once the relationship between the appellant and respondent is established as that of bailor and bailee, the lack of knowledge on the part of the respondent would be of no affect to their liability to compensate the appellant. It was argued repeatedly by the Counsel that the relationship between the parties is that of bailment as defined under Section 148 of Indian Contract Act, 1872.

The learned Counsel has aptly argued that if the bailee undertakes to mind some goods for reward, but fails to produce them to the bailor when asked to do so, it is a reasonable inference that the bailee has been negligent[5]. Hence, in the present case, it is reasonable to infer that the respondent has at least been negligent.

The learned counsel for the Appellant, Mr R. K. Chhibbar has argued that both the lower courts have erred in the judgment because they had based their findings on the case of Mohinder Singh Nanda v. Bank of Maharashtra[6] which he contends to be per incuriam.

Chhibbar, learned Senior Advocate, has also argued that both the learned Courts below have failed to take notice of the fact that the strong room, as well as the lockers, had been built in contravention of the guidelines on security arrangements in the banks issued by the Indian Banks Association and the guidelines issued by the Reserve Bank of India. According to the learned Counsel, these guidelines are to be strictly construed and strong room was to be built in accordance with the specification given therein. Learned Counsel has further pointed out that even DW-1, P. K. Aggarwal, Senior Manager of the respondent-Bank, had admitted that the guidelines issued by the Indian Banks Association are binding.

By the Respondent (Bank of Maharashtra)

Mr Ashok Pal Jaggal, learned counsel for the Respondent, has put forward the argument that the agreement between the parties constitutes the relationship of landlord and tenant. The agreement uses the term “rent and hirer”. This relationship cannot be equated with bailment. He has relied on Section 106 of the Transfer of Property Act which provides for giving a notice for termination of the tenancy. The hiring agreement between the two parties provides for a written notice of termination.

Judgment

The Bench, comprising of Justice S.S. Nijjar, has held that exclusive possession of the goods is sine qua non for bailment. Therefore, mere hiring of a locker would not be sufficient to constitute a contract of bailment as provided under Section 148 of the Indian Contract Act, 1872. He has added that the question of reasonable care and quantum of damages would arise only after it has been shown that actual exclusive possession of the property was given by the bailee to the bailor, i.e. the bank. Since the bank was not aware of the contents of the locker, hence it was impossible to know the quantity, quality or the value of the jewellery that was allegedly kept in the locker at the time when the robbery occurred. The appellant’s only evidence was of a witness’s statement that “he cannot admit or deny that there was jewellery weighing 1273 grams worth Rs. 4,26,160/- are kept in the locker”. The judge held it insufficient to prove that the appellant had entrusted the jewellery to the respondent. Learned judge has further added that the appellants alone had the knowledge of the contents of the locker. No sufficient evidence had been produced by the plaintiffs for the same. The plaintiff thus had failed to prove entrustment of the jewellery to constitute bailment.

On the argument of Mr Jaggal that the relationship between the two parties is of landlord and hirer, it was said that it cannot be said that such a relationship existed because the supposed hirer (the plaintiff) did not have direct access to the land that he has hired and the assistance of the bank employees is required in doing so.

The judge has also referred to the Mohinder Singh Nanda’s[7] case which refers to the same incident of the robbery of 44 lockers. The judge had held that it is not per incuriam hence the same will be binding on this court. In this case, it was held that there was no exclusive possession to the bank hence no compensation was allowed to the plaintiff. The lower courts have also relied on this judgment and the present court has established that there is no error in doing so.

In another case[8] the judge referred to lays down the same principle that it has to be proved that the bailor was aware of the value of the property and was entrusted with its safekeeping. The bank, in this case, was entrusted with the jewellery and the valuation of the jewellery had been proved with sufficient evidence produced to the police at the time of the robbery. The bank was held liable for negligence because the robbery was committed by the manager within the bank itself. The judge has asserted that the plaintiffs have miserably failed to prove the entrustment of the jewellery which was allegedly kept in the locker. There is no proof of any kind to show the value of the jewellery which was kept in the locker. No expert witness has been produced to show that the jewellery mentioned in the plaint would be worth the amount claimed.

The appeal was decided in favour of the Respondent.

Critical analysis

The whole decision relies on a previous judgment by the same court which relates to the same incident of robbery of Bank of Maharashtra’s 44 lockers. This judgment has laid down a crucial principle in the context of delivery of possession of goods in a contract of bailment. It has basically laid down that the bailee must be made aware of the contents of anything he receives for safe custody so as to gauge the amount of any possible liability that may arise in the future. In this case, the bank had no knowledge of the quality, quantity or nature of goods kept inside the locker.

The court has been right in giving this decision in favor of the respondents because holding the bank responsible for the loss of any goods kept in the locker by their customers would give rise to uncountable amount of liability as it may be found difficult to prove that there was no exclusive possession of the contents of the locker. Such uncountable liability would also discourage banks to give such a facility which is currently utilized by countless number of people around the globe. The judgment acts as a good precedent as it mitigates the responsibility of the banks to some extent which is absolutely required in to allow them to provide service to the public. The liability of the contents of a bank locker is placed on the customer itself as long as he has a part in accessing the lockers while the liability would undoubtedly shift to the bank in case of breach of trust on any of employee’s parts.

Bibliography

Indian Contract Act, 1872

Transfer of Property Act

Avatar Singh

R.K. Bangia

[1] Section 148 of the Indian Contract Act 1872

[2] Kaliaperumal Pillai v Visalakshmi, AIR 1938 Mad 32

[3] AIR 2003 P&H 11: (2003) 2 Banking Cases 570: (2002) 3 ICC 138

[4] 1999 (9) JT SC 305 : AIR 2000 SC 426

[5] Hunt & Winterbotham (West of England) Ltd. v. B.R.S. (Parcels) Ltd (1962) 1 QB 617

[6] 1998 ISJ (Banking) 673

[7] Supra note 3

[8] National Bank of Lahore Ltd., Delhi v. Sohan Lal Saigal, AIR 1962 Punjab 534

The post Atul Mehra v Bank of Maharastra – Case Study on Bailment under the Indian Contract Act appeared first on iPleaders.

Atul Mehra v Bank of Maharastra – Case Study on Bailment under the Indian Contract Act published first on https://namechangers.tumblr.com/

0 notes

juudgeblog · 6 years ago

Text

Atul Mehra v Bank of Maharastra – Case Study on Bailment under the Indian Contract Act

In this article, Jahnvi Shah discusses the concept of Bailment under the Indian Contract Act.

Introduction

The two kinds of delivery of possession are

Click here

Facts of the Case

PARTIES IN THE CASE :-

Atul Mehra … Appellants

Versus

Bank of Maharashtra … Respondent

CITATION:- AIR 2003 P&H 11

On 20th February 1989, a representation to this effect was also made to the Ministry of Finance, Government of India, and the Senior Superintendent of Police, Amritsar.

On 21st July 1989, the police had made a report about the defective strong room and the lockers therein.

In contesting the suit, the Respondent has contended that the appellants had no locus standi to bring the suit against the Respondents. They have denied the following facts to be true :-

That jewelry in the value of Rs. 4,26,160/- was kept in the locker,

That there was any misconduct or negligence on the part of the respondent-bank in taking care of the lockers and strong room,

The police report dated 21st July 1989,

That there was any statutory or contractual liability on them to make good the loss allegedly suffered by the appellants.

The facts that they did admit to are the following:-

That the appellants had taken locker No. 75 from the respondent-bank on 15th January 1986.

That the lockers were broken by miscreants and content of the same were stolen.

The appellants filed replication. They refuted the contents of the written statement and reiterated the facts stated in the plaint.

Issues raised

Whether the plaintiffs have suffered loss due to misconduct and negligence by the defendant?

If issue No. 1 is proved, whether the plaintiffs are entitled to recover any amount. If so, to what amount?

Whether the defendant-Bank has no contractual liability to make good loss incurred by the plaintiffs?

Whether the plaintiffs have no cause of action or locus standi to file the present suit?

Arguments advanced

By the Appellant (Atul Mehra)

By the Respondent (Bank of Maharashtra)

Judgment

The appeal was decided in favour of the Respondent.

Critical analysis

Bibliography

Indian Contract Act, 1872

Transfer of Property Act

Avatar Singh

R.K. Bangia

[1] Section 148 of the Indian Contract Act 1872

[2] Kaliaperumal Pillai v Visalakshmi, AIR 1938 Mad 32

[3] AIR 2003 P&H 11: (2003) 2 Banking Cases 570: (2002) 3 ICC 138

[4] 1999 (9) JT SC 305 : AIR 2000 SC 426

[5] Hunt & Winterbotham (West of England) Ltd. v. B.R.S. (Parcels) Ltd (1962) 1 QB 617

[6] 1998 ISJ (Banking) 673

[7] Supra note 3

[8] National Bank of Lahore Ltd., Delhi v. Sohan Lal Saigal, AIR 1962 Punjab 534

The post Atul Mehra v Bank of Maharastra – Case Study on Bailment under the Indian Contract Act appeared first on iPleaders.

Atul Mehra v Bank of Maharastra – Case Study on Bailment under the Indian Contract Act syndicated from https://namechangersmumbai.wordpress.com/

0 notes

marymosley · 4 years ago

Text

Fashion Modeling Laws in India: Is everything that is Brimming with Glitz and Glamour truly an epitome of Gold?

The life of a model, no matter how glittery it seems from outside it is more excruciating from the inside. There is no other industry where an employee is made to stand with sensual poses while wearing a two-piece cloth in the snow-fed mountain for achieving that ‘one perfect-shot’ accompanied by massive eating disorders.At present, a flurry of laws, code of conduct, and other initiatives have been taken up to address the rights as well as concern for the safety of the models that have gained importance in the world of fashion.

LEGAL RELEVANCE OF FASHION MODELING LAW IN INDIA:

• Equal Remuneration Act:

The Act had been enacted to ensure that the salary paid to men and women is the same without any discrimination despite the performance of the work taking place at places different than the prescribed workplace. As per this Act, no discrimination shall be made against a woman in terms of recruitment, promotion, training, or transfer unless such employment of the woman faces a prohibition or restriction by law.

The principle of paying equally for equal work having equal value gained recognition in the ILO Constitution of 1919, and the ILO Convention on Equal Remuneration 1951, that has been further bestowed upon us by the Indian Constitution under Articles 14 and 15. But the dampening picture being that despite gaining impetus this issue still prevails and the women performers remain un-championed thereby affecting the industry at large.

• Maternity Benefits Act 1961

The aforesaid act came into the picture for regulating women’s employment into the establishment for a particular time before the birth and after the birth of the child for providing benefit in terms of maternity and others. Likewise, as per the ILO conventions provisions, a woman absent from work because of pregnancy cannot face a dismissal until the absence is not related to the concerned pregnancy as specified under section 12(1). Also, as per section 9, she has an entitlement to leave during miscarriage while according to section 9A, due to illness related to pregnancy. As per section 11, she is entitled to nursing breaks while no deductions in the payment to be made for the breaks or light nature of work to be given to her as per section 4(3).

• Sexual Harassment at Work Place (Prevention, Prohibition and Redressal) Act, 2013

The Sexual Harassment at Workplace Act of 2013, being a female-oriented piece of work has been enacted to provide a safe and secure environment that is devoid of hostility at the workplace. Often women as well as models are ignorant about their existing rights and choose to be numb over a lot of wrong things being done due to the fear of getting fired. At the same

time, such harassment tends to leave not only footprints in the victim’s mind but also tarnishes the goodwill and reputation of the industry as well as the company. During the ILO Conference 1985, a resolution to this regard has been adopted that stated that harassment occurring at workplace against women is fatal for working conditions of the employee, conditions of working, the work as well as promotions, hence the policies for advancing equality should be inclusive of measures for combating and preventing harassment of women sexually at workplaces.

The High Court of Delhi, in the case of Dr. Punita K. Sodhi v. Union of India & Ors., held that the view concerning sexual harassment is a matter of subjective experience, and hence a full understanding of the opinion of the complainant is needed along with the analysing of men and women’s perspective.

Article 21A of the Constitution of India states that every person has the right to life and personal liberty and that is beyond any animal existence. Similarly, in terms of a woman who is accused and has to undergo a medical procedure, such a procedure can only take place by another woman or in her presence. For ensuring the privacy of the woman who had faced a sexual assault, recording of her statements can take place in front of the district magistrate during the trial or in front of a police officer who is female.

Nonetheless, a model like any other woman has the right to seek free legal aid or help from the LSA for arranging a lawyer. A woman cannot be arrested before and after sunset unless under exceptional circumstance by first class magistrate’s order. Police can only interrogate a woman at her place in the presence of a constable who is a woman herself and her family members/ friends. Right of registering a virtual complaint through email is available to a woman.

• The Indecent Representation of Women (Prohibition) Act 1986

The most important Act, from the perceptive of a modeling industry is the Indecent Representation of Women (Prohibition) Act, that helps in the prevention of representing a woman inadequately through ads, publications, writings, paintings, figures or in any other manner.

A model has to look, walk, and talk in terms of glamour thereby becoming victims of stalking. In India, as per Sec 354D of the IPC, making stalking a punishable offense. For saving the time of the victim and to ensure that the offender does not move around like a free bird, women have been bestowed with the right to file a zero FIR, which implies about such an FIR which is different from the quintessential FIR wherein filing of the FIR can take place at any police station whereby the incident had taken place or upon a particular jurisdiction under which it falls and later could be moved to the concerned police station under whose jurisdiction the case comes under.

The Immoral Traffic (Prevention) Act, 1986 aims at the protection of the woman from trafficking and prostitution.

The Medical Termination of Pregnancy Act, 1971 thereby permits the terminating of pregnancy in certain cases based upon humanitarian and medical grounds by doctors who are registered. Since the last two decades, the modeling industry in India had gained immense recognition and witnessed a boom. Manjima Bhattacharya, had penned down her thoughts regarding the industry and models in her book, Mannequin: Young Working Women in India’s Glamour Industry, while looking beyond the glamour and glitz and examining the toil and turmoil faced by the ladies walking the ramp.

A model is perceived as someone who is dolled and decked up day and night while walking down the ramp donning the high-end designer garments and catwalk poses. None tend to look deeper and peep into the odd work timings, the socializing and networking skills they have to build up for earning their bread, the exhausting diet charts, the anorexia, the extra toil of looking a certain way all the times.

Hence, when these models become vocal about their needs, about being paid on a timely basis, contracts, redressing harassment in every way, they face avoidance and ignorance. People tend to turn a deaf ear to their yearnings as the work of a model is considered as “too inconsiderate’ and not a “real-time work” in the first instance. At times they are also perceived as women who are easy-going along with the questionable character.

The reason why the book named ‘Mannequin’ is given a special status in this article is to throw light upon the notion that how often women in this industry are treated no less than clotheshorses. In this book, the writer narrates a story wherein a model describes how she got hurt by a pin while trying the fitting of an outfit. Despite her getting hurt and bleeding profusely, the only thing the designer as well as the people around was concerned about was the dress not getting stained or ruined instead of asking about her well-being.

This triggered the writer that made her realize that often, a model is not perceived as a human being but a mere mannequin.

LEGAL PERSPECTIVE FROM OTHER COUNTRIES:

As per the New York Labor Law Section 511, the classification of the model is that of an employee for unemployment insurance. Likewise, in France, they are considered to be both employees for the physical work done by them as well as independent contractors revolving around the image usage, thereby entering into 2 different types of agreement with the agency.

As per the law in the UK, modeling in the runaway can be termed as a ‘dramatic performance’ -Section 180(2)(a) of the Copyright, Designs and Patents Act, 1988. This implies that the term’ dramatic’ implies a ‘work of action’, ‘capable of performance’ which is inclusive of action, performance, holding unity from the artistic and dramatic point of view with being left to no chance or randomness. Runway modeling can be ‘any other presentation’ as per Section 180(2)(d) of the CDPA 1988.

Similarly, if perceived from the Clause (d) of Section 180(2) of the CDPA specifying the list of performances that could be protected under UK law with the following category which mentions a performance of a variety act or any similar presentation’. As per the 1961 Rome Convention, Article 3(b) 1996 WPPT, Article 2(b), a runaway in the modeling industry is an interpretation of ‘work’.

In France, the models shall have to furnish their medical certificate to prove they are healthy for working followed by a new law that banned those who were thin to an excessive level.

A law had been passed by France, banning those agencies who worked with a model having a BMI less than eighteen. A ruling law had been by The New York State for treating the women who are in the modeling industry and below the age of eighteen as child performers thereby falling into the category of having restricted concerning working hours followed by curfews of school-night while being under the strict supervision of the adult.

Various researches have highlighted that, to do away with hunger and cravings, models often eat tissues or cotton balls and sometimes even follow the path of starvation. There have been instances where models while walking the ramp have collapsed or died. Too much thinning to the point of being detected with anorexia has become a hot topic of debate for scholars and researchers or rather a controversy to be precise. As indicated by the WHO’s standard, the average global model who runs the ramp has a body mass index that is below 16- indicating starvation.

This issue is not only secluded to their physical appearance but further extended to the standard of living of these models which deserves a segment to be debated on. The apartment in which they are put to live is no less than prisons followed by many heinous incidents taking place where models are drugged without their consent and secretly being sexually filmed and raped on camera.

An image campaign of Saint Laurent faced a ban by an advertising watchdog for featuring a model that had been “unhealthily underweight”.

With so many laws being enacted and in effect accompanied by the guidelines from various government, the monumental challenge in terms of protection and safety of the rights of the models is steadily attaining awareness all around the world.

– Authored by Sanjana Chakraborty

The post Fashion Modeling Laws in India: Is everything that is Brimming with Glitz and Glamour truly an epitome of Gold? appeared first on Legal Desire.

Fashion Modeling Laws in India: Is everything that is Brimming with Glitz and Glamour truly an epitome of Gold? published first on https://immigrationlawyerto.tumblr.com/

0 notes

bharatiyamedia-blog · 5 years ago

Text

Trump Withdraws Controversial Push To Add Citizenship Query To Census

http://tinyurl.com/y5pz6lht The White Home has asserted government privilege over the data. (File) President Donald Trump on Thursday backed down from his controversial push so as to add a citizenship query to the 2020 census, successfully conceding defeat in a battle he had revived final week and promised to proceed regardless of a latest string of authorized defeats. Trump introduced that he as an alternative plans to order each federal company to present information to the Commerce Division that element the numbers of residents and noncitizens in america. “I am proud to be a citizen, you are proud to be a citizen,” Trump mentioned within the late afternoon occasion on the Rose Backyard. “The one folks that aren’t proud to be residents are those who’re combating us all the best way in regards to the phrase citizen.” The announcement marked the tip of a greater than a 12 months and a half push by the administration to ask about citizenship standing on the decennial survey, which opponents decried as an effort to systematically undercount Latinos and scare immigrant communities from collaborating in a survey that determines congressional districts and the disbursement of some federal funds. It additionally adopted days of confusion and combined indicators from the administration over how it might proceed following a Supreme Courtroom ruling late final month that the federal government couldn’t embrace the query on the census and not using a stable justification. The courtroom discovered the administration’s authentic rationale for the addition “contrived.” Within the wake of that ruling, the Commerce Division introduced final week that it might drop the difficulty as a result of it wanted to start printing the survey. However a livid Trump reversed that call the following day, saying that he was not giving up on asking about citizenship. “We’re completely transferring ahead, as we should, due to the significance of the reply to this query,” he tweeted July 3. On Thursday, nevertheless, Trump scrapped that plan and mentioned he would as an alternative instruct companies to offer the Commerce Division with the information – calling that course of “much more correct.” However the political tensions over Trump’s push to gather citizenship information and issues that he might have already scared immigrant communities from absolutely collaborating within the census are prone to proceed even when they’re decreased for now. Earlier Thursday, Home Majority Chief Steny Hoyer, D-Md., mentioned the Democratic-led chamber will vote Tuesday to carry Commerce Secretary Wilbur Ross and Lawyer Basic William Barr in contempt of Congress for not complying with subpoenas associated to the administration’s resolution to incorporate the citizenship query. The White Home has asserted government privilege over the data. Requested after Trump’s announcement whether or not the Home will proceed with the contempt vote, Home Speaker Nancy Pelosi, D-Calif., responded that it was as much as Home Oversight Committee Chairman Elijah Cummings, D-Md., whose panel oversees the census. Pelosi mentioned she is “jubilant” about Trump’s retreat. “If he had tried to defy the Supreme Courtroom, that might have been a constitutional disaster,” Pelosi advised reporters on the Capitol. “So for the premise of the census and the citizenship query, I am glad it is gone. For the premise of the nation, I am glad that he was suggested to see the sunshine.” Barr, who stood alongside Trump and Ross within the Rose Backyard, defended the administration’s plan so as to add the query, however he mentioned the hassle needed to be deserted as a result of a protracted authorized combat would impede the administration’s means to conduct the 2020 survey. “We’re not going to jeopardize our means to hold out the census,” Barr mentioned. “In order a sensible matter, the Supreme Courtroom’s resolution closed all paths,” including that it was a “logistical” obstacle, not a authorized one. Barr argued that the information is required no matter how it’s collected, citing congressional apportionment functions for instance – though the legal professional basic’s assertion is disputed by consultants who be aware that apportionment relies on the variety of “individuals” in america, not residents. Gone unmentioned within the Rose Backyard announcement Thursday was the administration’s preliminary rationale for looking for so as to add the citizenship query to the census: that the information was wanted for the Justice Division to implement the Voting Rights Act. Whereas Trump portrayed his government order on information assortment as a brand new proposal, it’s just like the very strategy that the Census Bureau advisable after Ross mentioned he was exploring including a citizenship query to the shape. In a January 2018 memo to Ross, the bureau’s chief scientist, John Abowd, predicted that including a citizenship query to the shape would end in “main potential high quality and value disruptions” to the 2020 survey, whereas utilizing administrative information would haven’t any affect. Administrative information comes from present information collected and maintained by authorities companies such because the Social Safety Administration. Ross introduced in March 2018 that he had determined to make use of such information together with including a citizenship query, setting off a 12 months and a half of authorized and political battles. The usage of administrative information might present an correct dedication of citizenship standing right down to the block stage, based on the Census Bureau. That info couldn’t be used to find out the variety of congressional seats in every state, however it could possibly be utilized by states to find out how districts are drawn, and even probably, as some within the administration have advised, to assist in immigration enforcement. One other potential subject with pushing for a citizenship query on the decennial census is that the query, which exists on the bureau’s smaller American Group Survey, has a historical past of being answered inaccurately when the outcomes are in contrast with present administrative information. On that survey, which fits to about Three million households a 12 months, roughly one-third of noncitizens report that they’re actually residents, based on Abowd’s memo to Ross. As information of the president’s deliberate announcement circulated, critics of the query expressed aid however mentioned the federal government’s prolonged and extremely publicized dedication to get it onto the survey will itself possible depress the response price. The president’s resolution “tells me that he has created chaos for 18 months and put the census in jeopardy solely to fall on the unique suggestion of the Census Bureau,” mentioned Terri Ann Lowenthal, a former workers director of the Home census oversight subcommittee. “Whereas I am happy that he is standing down in his push so as to add the query, at this level his actions may have been reckless and can nonetheless have penalties for folks’s participation within the census.” Advocacy teams who had been difficult the administration’s push to incorporate the citizenship query on the 2020 census promised to intently scrutinize the administration’s plans for gathering citizenship information as soon as it’s detailed publicly. “Trump might declare victory as we speak, however that is nothing wanting a complete, humiliating defeat for him and his administration,” mentioned Dale Ho, the director of the American Civil Liberties Union’s Voting Rights Mission, who argued the census case on the Supreme Courtroom. Trump’s abrupt reversal final week induced days of chaos and confusion for the pending authorized challenges. This week, the Justice Division sought to interchange the group of attorneys assigned to the hassle, after not less than some profession attorneys on the case grew annoyed with the Trump administration’s sudden shift in place, based on particular person acquainted with the matter, who spoke on the situation of anonymity to debate an inside matter. Two federal judges have since denied that bid. The Justice Division will “promptly inform the courts that the federal government won’t embrace a citizenship query on the 2020 decennial census,” based on spokeswoman Kerri Kupec. That might finish the continuing litigation – although the choice would finally be as much as federal judges dealing with every of the circumstances. Trump’s announcement got here as litigation is pending in Maryland over whether or not the federal government meant to discriminate towards minorities when it added the query. Attorneys for the plaintiffs in that case mentioned they’d not cease work on it till they obtain written affirmation that the federal government won’t add the query to the 2020 census, notably after the federal government’s about-face earlier this month. “Given the occasions of the final two weeks, we’d like an ironclad dedication from DOJ, and an enforceable order from the courtroom,” mentioned Denise Hulett, an legal professional who represents the Mexican American Authorized Protection and Instructional Fund, a plaintiff within the case. “Then the case might be dismissed.” (Apart from the headline, this story has not been edited by NDTV workers and is printed from a syndicated feed.) Get Breaking news, reside protection, and Newest News from India and all over the world on NDTV.com. Catch all of the Stay TV motion on NDTV 24×7 and NDTV India. Like us on Facebook or observe us on Twitter and Instagram for latest news and live news updates. (function(d, s, id) {var js, fjs = d.getElementsByTagName(s)[0];if (d.getElementById(id)) return;js = d.createElement(s); js.id = id;js.src = "http://connect.facebook.net/en_US/sdk.js#xfbml=1&version=v2.5&appId=213741912058651";fjs.parentNode.insertBefore(js, fjs);}(document, 'script', 'facebook-jssdk')); Source link

0 notes

miltonvb61-blog · 6 years ago

Text

Secrets To Cheap And Good Web Hosting Platform In India – Even In This Down Economy

8) Cheapest will not be all the time best. The temptation to control your monthly price range is a strong one and there are numerous very low cost deals on offer. Whilst these should not be dismissed out of hand, for enterprise users they need to be studied very rigorously. Good quality hosting isn't costly, however neither is it obtainable for pennies a month. You can see, as with most issues, that the universal rule, 'you get what you pay for', applies to hosting too. Good shared hosting continues to be accessible at very reasonable costs - being cheap could cost you expensive. The design of internet page needs to be simple and simple to grasp. Creating your internet website could possibly be a tricky follow. That means you ought to rent an excellent web development services to do your internet site design. On the coronary heart of any hosting company's reliability is redundancy. This ensures that if a problem exists at one point, there shall be another which ensures continuity as seemlessly and transparently as possible. Choose hosting firms now employ the DNS spherical robin method in conjunction with'failover monitoring'. Even you may add few sub domains as some of the low cost firms provides this facility. If you want to measure their service, just unearth the variety of customers they have. An ideal firm gives more variety of clients. As a approach to activate the web web site, you need to have a Web Hosting Plan which is more likely to make your website seen on the web. The inexpensive web hosting is most doubtless the very best method to begin off with a new website. Due to this fact it is crucial that you just no index the website including all of the web pages. Building one hundred websites a hour is just not risible anymore. There are thence umpteen automated equipment to hump out the albatross and so they all flip up in tawdry prices. Building a website itself is remarkably simpler than earlier than. Just go for a web host with an on-line website builder and you may construct your first web site in as little as one hour. Or choose one with one-click on installation of popular scripts and you'll construct your blog and make your first post in 5 minutes or much less. Most firms provide just a few several types of shared web hosting services. The only distinction usually being how a lot disk space you need or how a lot transfer allowance you need. 4) Ensure that, in case your site requires any particular software to run scripts appropriately on your website. Test with the website hosting firm before you make your choice.

Remarkable Website - Low Price Hosting India Will Help You Get There

like this 1s0x396db495339d5915%3A0x9a9714dce059bb22!2sB4UIndia+Web+Technologies!5e0!3m2!1sen!2sin!4v1535659637841" width="600" height="450" frameborder="0" style="border:0" allowfullscreen>

Webji Hosting Pvt. Ltd. Address: Shop #27, Ajmer Rd, Tagore Nagar, Jaipur, Rajasthan 302021 Phone: 093511 59225 https://webji.in/ Choose Rigorously When on the lookout for a lacework hosting provider, it totally does salary to shop round. 4) Hidden expenses: Some web hosting suppliers levy additional costs for establishing or upgrading your website. The fees taken for various operations should not be too high in any case. You could be amazed at how ridiculous some companies are when it has to do with worth. The organization is offering web-server services in three distinct standards. Moreover, some web development businesses give real-time studies for optimum retention and satisfaction. All you have to do is contact them and request a budget hosting packages. To help you choose the most suitable programming language in web development are three components that you could be wish to contemplate. It is about your necessities and necessities. If you happen to intend to start out a business on a budget then this clearly isn’t going to be satisfactory. Some free web hosting plans forestall you from importing videos or music files as a result of they take up loads of storage space and use an excessive amount of bandwidth when your visitors attempt to access them. If your organization is at present growing, the benefits of VPS hosting may make it possible for you to focus extra of your vitality on rising your online business than worrying about your web site's uptime. Knowing the proper information earlier than you select a supplier will both make or break your web site, model or company. Amount of the services differ from firm to firm and on the kind of facility you require. All web pages are downloaded from a supply called the web server. All these should be saved in a server so that a go to to your website is possible. Therefore, if you would wish to manage a website, you'll want to host it on a web sever. Once your website is hosted, people from any points of the world can have access to your pages. An organization or institutions that do all these stuffs for you are termed as web hosting suppliers.

youtube

There are some services that will pay you a commission for referring someone to that hosting company. That is just one of the numerous sorts of affiliate applications on the internet which you could become involved with. Find that product or service that suits you. Something that you've got profound curiosity in.

0 notes

postolo · 6 years ago

Text

2018 SCC Vol. 5 June 21, 2018 Part 3

Constitution of India — Art. 32: In this case, there were 9 FIRs and one criminal complaint case between parties closely related to each other. Parties agreed to settle through mediation. As writ petition was dismissed, interim direction regarding deposit by petitioner into Registry of Court of specified amount, recalled. Resultantly, subsequent orders of refund adjustments, recalled. Resultantly petitioner also entitled to any interest accumulated thereon. [Saraswati Singh v. Shailesh Singh, (2018) 5 SCC 370]

Constitution of India — Art. 32 — Maintainability: In this case, there were 9 FIRs and one criminal complaint case between parties closely related to each other. During present proceedings parties referred to mediation but failed. Parties sought investigation by Special Investigation Team (SIT) and other reliefs relating to investigation. Allegedly a similar writ petition was withdrawn and 10 transfer petitions were dismissed. Hence, petition under Art. 32, held, not maintainable. Remedy of quashing of FIRs or such other relief can be addressed before High Court. [Saraswati Singh v. Shailesh Singh, (2018) 5 SCC 373]

Civil Procedure Code, 1908 — S. 100 — Second appeal — Substantial question of law: In the suit for partition and separate possession, unregistered partition deed (document) was relied on by defendants. Questions relating to admissibility and contents thereof, held, substantial questions of law. [Uma Pandey v. Munna Pandey, (2018) 5 SCC 376]

Advocates — Right to Practise — Right to practise law in India: Foreign law firms/companies or foreign lawyers cannot practise law in India either on litigation or on non-litigation side. [Bar Council of India v. A.K. Balaji, (2018) 5 SCC 379]

Criminal Procedure Code, 1973 — Ss. 482, 216, 173, 200 and 202 — Directions issued by High Court in petition filed under S. 482 in interest of justice: In this case of offence of attacking petitioner in courtroom in presence of Presiding Officer by Advocates, while several persons were attacked, charge-sheet was submitted by police against three of them only. Prayers were made before High Court in petition filed under S. 482 pertaining inter alia to inclusion of certain provisions of IPC and other Acts in charge-sheet filed against three persons before trial court, framing of proper charges against one and taking cognizance against another person, discovering all accused. High Court directed that if petitioner raises his grievance before trial Magistrate same shall be considered and decided by it in accordance with law expeditiously. Keeping in view manner in which offence was committed by Advocates who are also part of the system, High Court considered it necessary to issue certain directions regarding petitioner’s security. The Supreme Court held that High Court itself was cognizant of seriousness of allegations against persons involved in crime and made it clear that all contentions could be raised and all aspects will have to be considered by trial court on merits. Observation made by High Court will not come in way in pursuing criminal cases and for taking same to its logical end. [Osama Aziz v. State Of U.P., (2018) 5 SCC 415]

Criminal Procedure Code, 1973 — S. 195(1)(b)(ii) — Applicability of: S. 195(1)(b)(ii) is applicable only in case the offences enumerated therein have been committed with respect to a document after that document has been produced or given in evidence in a proceeding in any court i.e. during the time when that document was in custodia legis, and not prior thereto. [Chandru Gaonkar v. N.M. Dessai, (2018) 5 SCC 422]

Labour Law — Payment of Gratuity Act, 1972 — S. 2(e) r/w S. 2-A — Gratuity — Entitlement to: Having regularised services of appellant, State had no justifiable reason to deny benefit of gratuity to appellant which was his statutory right. Question as to from which date services were regularised was of no consequence for calculating total length of service for claiming gratuity once services were regularized. 1972 Act being welfare legislation meant for benefit of employees who serve their employer for long time, duty of State to pay gratuity to employee rather than deny benefit on some technical ground and force employee to approach Court to get his genuine claim. [Netram Sahu v. State of Chhattisgarh, (2018) 5 SCC 430]

Criminal Trial — Witnesses — Interested/Partisan witness — Evidence of interested witness — Admissibility: It is settled law that there cannot be any hard-and-fast rule that evidence of interested witness cannot be taken into consideration and they cannot be termed as witnesses but, the only burden that is cast upon courts in such cases is that courts have to be cautious while evaluating evidence to exclude possibility of false implication. Relationship can never be a factor to affect credibility of witness as it is not possible always to get an independent witness. [Sudhakar v. State, (2018) 5 SCC 435]

Consumer Protection — Services — Housing — Non-delivery of flat/house — Damages for price escalation — Reckoning date: Damages become due from time of breach but on facts, courts can deviate. In case of non-delivery of flat/house, and developer refusing alternative equivalent accommodation and buyer lacking means to purchase substitute from market, it would not be reasonable to assess damages from date of breach because of price escalation. [Fortune Infrastructure v. Trevor D’Lima, (2018) 5 SCC 442]

Trusts and Trustees — Religious and Charitable Endowments and Trusts — Administration of institutions — Claim of transfer to particular place based on station seniority and/or service seniority: Station seniority, held, has to be reckoned with reference to last date of the submission of application and not with reference to date of order of transfer. Eligibility must depend on that date, otherwise it would lead to arbitrary exercise of power. [V. Padmakumar v. S. Chandrasekharan Potty, (2018) 5 SCC 454]

Penal Code, 1860 — S. 302 or S. 304 Pt. I [S. 300 Exception 4]: In this case wife was strangulated death by husband. Incident occurred all of a sudden, without any premeditation. Accused did not take undue advantage or acting in cruel or unusual manner. Hence, conviction was rightly altered by High Court from S. 302 to S. 304 Pt. I. [State of M.P. v. Abdul Latif, (2018) 5 SCC 456]

Family and Personal Laws — Family Property, Succession and Inheritance — Will — Suspicious circumstances/Undue influence re making of will/Substance of will if arouses suspicion: In this case estator drew will in his own handwriting, in 1945 in favour of his grandson (respondent-plaintiff). PW 5 grandson-in-law of testator who used to correspond with him and thereby was well acquainted with his handwriting, duly proved said handwriting in will. PW 2 (bank clerk) deposed that respondent secured loan from bank by pledging will in 1964 and since then will kept in bank — PW 2 was cross-examined. On facts, it was held, there were no suspicious circumstances raising doubts about genuineness of will and concurrent findings by court below by reasoned judgments, not disturbed. [Mohan Lal v. Nand Lal, (2018) 5 SCC 459]

Government Contracts and Tenders — Formation of Government Contract — Modes of entering into a Government Contract — Public Auction/Tender: High Court cannot ordinarily interfere with judgment of expert consultant on issues of technical qualifications of a bidder when consultant takes into consideration various factors including basis of non-performance of the bidder. It is not open to Court to independently evaluate technical bids and financial bids of parties as an appellate authority for coming to its conclusion inasmuch as unless thresholds of mala fides, intention to favour someone or bias, arbitrariness, irrationality or perversity are met, where a decision is taken purely on public interest, Court ordinarily should exercise judicial restraint. [Municipal Corpn, Ujjain v. BVG India Ltd., (2018) 5 SCC 462]

Contempt of Court — Art. 129 — Civil Contempt — Contempt of Supreme Court: In this case there were violation of successive orders passed by Supreme Court in Civil Appeal, Contempt Petition and violation of undertakings was given to Supreme Court. In Civil Appeal No. 394 of 2009, while allowing appeal Supreme Court passed an order that Respondent D was to remove entire construction at her own cost and hand over vacant and peaceful possession of land to appellant within 30 days failing which appellant can take assistance of Court to take possession of land and building in which event, D will not be entitled to cost of structure or any other damages. It was held, conduct of Respondent D was contemptuous. She had earlier disobeyed injunction passed by Supreme Court and after filing first Contempt Petition No. 258 of 2010, had demolished construction raised by her and had given a solemn undertaking to Supreme Court that she would not raise any fresh construction nor would she use it for human habitation. Despite earlier order and undertaking, she had not only raised fresh construction but obviously used it for human habitation. Since D got off very lightly in earlier contempt proceedings, she feels that she can take law into her own hands. Reply filed by her virtually aggravates contempt, where she stated that she had not raised any construction in violation to orders of Supreme Court, is obviously false and even her counsel could not enlighten as to how construction, evident from photographs, which are not even denied, does not violate orders of Supreme Court. Not only that, with regard to signboard outside property informing general public that airconditioned and non-airconditioned rooms are were available for rent, explanation given is totally false No material was been placed on record to support averments made by D. Concluding that D had wilfully and knowingly disobeyed the interim order of Supreme Court. Not only that, she had also violated her solemn undertaking given to Supreme Court and the order passed by Supreme Court in earlier contempt proceedings. Therefore, she was held to be guilty of civil contempt. [Dwarika Prasad v. State of U.P., (2018) 5 SCC 491]

Constitution of India — Arts. 21 and 32 — Concept of fair trial, discussed — Transfer of trial when warranted, stated: Court should balance rights of accused and victims and thereafter weigh on scale of fair trial whether shifting is necessary or not. [Mohd. Akhtar v. State of J&K, (2018) 5 SCC 497]

Infrastructure Laws — Maritime Laws — Maritime claim: Maritime claim for charter hire dues i.e. a right in rem to proceed against the ship/cargo is not maintainable against a vessel/ship owned by a person not responsible for payment of such dues. [Sunil B. Naik v. Geowave Commander, (2018) 5 SCC 505]

The post 2018 SCC Vol. 5 June 21, 2018 Part 3 appeared first on SCC Blog.

2018 SCC Vol. 5 June 21, 2018 Part 3 published first on https://sanantoniolegal.tumblr.com/

0 notes

marymosley · 4 years ago

Text

Fashion Modeling Laws in India: Is everything that is Brimming with Glitz and Glamour truly an epitome of Gold?

LEGAL RELEVANCE OF FASHION MODELING LAW IN INDIA:

• Equal Remuneration Act:

• Maternity Benefits Act 1961

• Sexual Harassment at Work Place (Prevention, Prohibition and Redressal) Act, 2013

• The Indecent Representation of Women (Prohibition) Act 1986

The Immoral Traffic (Prevention) Act, 1986 aims at the protection of the woman from trafficking and prostitution.

This triggered the writer that made her realize that often, a model is not perceived as a human being but a mere mannequin.

LEGAL PERSPECTIVE FROM OTHER COUNTRIES:

In France, the models shall have to furnish their medical certificate to prove they are healthy for working followed by a new law that banned those who were thin to an excessive level.

An image campaign of Saint Laurent faced a ban by an advertising watchdog for featuring a model that had been “unhealthily underweight”.

– Authored by Sanjana Chakraborty

The post Fashion Modeling Laws in India: Is everything that is Brimming with Glitz and Glamour truly an epitome of Gold? appeared first on Legal Desire.

Fashion Modeling Laws in India: Is everything that is Brimming with Glitz and Glamour truly an epitome of Gold? published first on https://immigrationlawyerto.tumblr.com/

0 notes

bharatiyamedia-blog · 5 years ago

Text

NRC in Assam: Gauhati HC grants interim bail to Mohammad Sanaullah, Kargil veteran who was detained after being declared 'foreigner'

http://tinyurl.com/y6bc9g6d The Gauhati Excessive Courtroom on Friday granted interim bail to retired Indian Military officer Mohammad Sanaullah, lodged in a detention camp after Assam foreigners’ tribunal adjudged him a “non-citizen”, in keeping with media reviews. The event got here after the battle veteran’s household approached the excessive courtroom final week. Sanaullah fought within the 1999 Kargil battle. ANI quoted his lawyer Aman Wadud as saying that his launch was authorised with a situation of Rs 20,000 bail bond. The courtroom additionally issued notices to the Centre and authorities of the Nationwide Register of Residents (NRC). Lawyer of retd Military Officer Md Sanaullah, who was declared foreigner&detained by police in Assam: Guwahati HC handed order of interim bail. He’ll be launched from detention heart with a situation of Rs 20000 bail bond,2 native sureties&his bio-metrics might be taken earlier than launch pic.twitter.com/Th4z6LrahS — ANI (@ANI) June 7, 2019 He additionally expressed confidence of successful the case and stated, “We’re assured we are going to win…The largest level is that the investigating officer himself stated that he by no means investigated or inquired him. Now we have made him a celebration (within the case). The case does not stand as a result of he was by no means investigated. Border police had filed a false case in opposition to him.” Mohammad Sanaullah. Information18 A resident of Kolohikash village in Boko space of Kamrup district in Assam, Sanaullah was serving as a sub-inspector within the Assam border police earlier than being declared a “foreigner” on 23 Could and dismissed from service. His household had earlier alleged that the difficulty was a results of a conspiracy. “It is a conspiracy hatched by some border police personnel. They submitted false details about him that he was born in Dhaka, Bangladesh, and in addition that he does not know methods to learn and works as a labourer,” Mohammad Azmal Haq, a retired military officer and a relative of Sanaullah, was quoted as saying by ANI. Sanaullah’s spouse Salima Begum had stated, “Regardless of working for 30 years within the military and 6 to seven months within the border police, my husband has been declared as a foreigner…. His title was not there within the NRC (Nationwide Register of Residents) final yr.” As per reviews, the case in opposition to the officer has been happening since 2008. Senior advocate Indira Jaisingh, who appeared for Sanaullah earlier than the excessive courtroom, tweeted after information broke about his launch order. Implausible information Courts to the rescue of Military veteran who served India for thirty years and was then declared a “foreigner “, at moments like this proud to be a lawyer ,pleased with our courts https://t.co/u5aDDhkFyd — indira jaising (@IJaising) June 7, 2019 Congress MP Gaurav Gogoi had written to Dwelling Minister Amit Shah on Thursday, looking for justice for Sanaullah. On Tuesday, Gaurav’s father and former Assam chief minister Tarun Gogoi had additionally stated the state authorities ought to transfer courtroom to make sure aid for Sanaullah as he was an worker of the Assam border police when the judgment was handed by the foreigners’ tribunal. In 2018, Assam had launched the “full draft” of NRC, leaving out names of 40.07 lakh candidates, together with that of Sanaullah. The ultimate NRC is slated for launch by 31 July. With inputs from businesses Your information to the most recent cricket World Cup tales, evaluation, reviews, opinions, dwell updates and scores on https://www.firstpost.com/firstcricket/series/icc-cricket-world-cup-2019.html. Observe us on Twitter and Instagram or like our Facebook web page for updates all through the continued occasion in England and Wales. !function(f,b,e,v,n,t,s) {if(f.fbq)return;n=f.fbq=function() {n.callMethod? n.callMethod.apply(n,arguments):n.queue.push(arguments)} ; if(!f._fbq)f._fbq=n;n.push=n;n.loaded=!0;n.version='2.0'; n.queue=[];t=b.createElement(e);t.async=!0; t.src=v;s=b.getElementsByTagName(e)[0]; s.parentNode.insertBefore(t,s)}(window,document,'script', 'https://connect.facebook.net/en_US/fbevents.js'); fbq('init', '259288058299626'); fbq('track', 'PageView'); (function(d, s, id) { var js, fjs = d.getElementsByTagName(s)[0]; if (d.getElementById(id)) return; js = d.createElement(s); js.id = id; js.src = "http://connect.facebook.net/en_GB/all.js#xfbml=1&version=v2.9&appId=1117108234997285"; fjs.parentNode.insertBefore(js, fjs); }(document, 'script', 'facebook-jssdk')); window.fbAsyncInit = function () { FB.init({appId: '1117108234997285', version: 2.4, xfbml: true}); // *** here is my code *** if (typeof facebookInit == 'function') { facebookInit(); } }; (function () { var e = document.createElement('script'); e.src = document.location.protocol + '//connect.facebook.net/en_US/all.js'; e.async = true; document.getElementById('fb-root').appendChild(e); }()); function facebookInit() { console.log('Found FB: Loading comments.'); FB.XFBML.parse(); } Source link

0 notes