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About Kishan Dutt Retd Judge



(Former Judge and Advocate, Bengaluru)



1.NAME:                       KISHAN DUTT KALASKAR


3. DATE OF BIRTH:       12.03.1961   ( 55 YEARS )

3A. EDUCATION       :   B.Com (First Class from Osmania) LL.B (Gulbarga)

4. EXPERIENCE:  Junior and Senior Civil Judge & Metropolitan    Magistrate .  ( Served for 20 Years, From 1992 To 2012 )

A: Related Spl Exp:  Decided several types of civil, criminal, land acquisition, cheque bounce, motor vehicles and other varities fo cases.

B) Worked as Head of the Legal Cell, Revenue, Home etc., in Govt. of Karnataka

C) Worked as Central Project Officer and in-charge of entire Karnataka, to look after computerization of High Court of Karnataka and Sub-ordinate Courts

D) Worked as in-charge Deputy Secretary, High Court of Karnataka Legal Services Committee and presided over High Court Lok Adalats Daily from 5 p.m. to 7.30 p.m. along with High Court Judges.


                                    B)         20  YEARS EXPERIENCE AS JUDICIAL OFFICER

                                                         C)                Legal Advisor, Enquiry Officer and Advocate since July 2012


1. Worked on the Editorial Board of Karnataka Law Journal

2. Presently on the Editorial Board of www.scconline.com Reputed Law Journal

3. On  the Enquiry Panel of   BESCOM  (Bangalore Electricity Supply Company)

4. On  the Enquiry Panel of   Wonder La, Bangalore 

5. On  the Enquiry Panel of Shakti Precision Components (India), Bangalore-48

6. On  the Enquiry Panel of  KSTDC (Karnataka State Tourism Department Corporation) 


Address for Communication:                                                       

Kishan Dutt Kalaskar

No.74, First floor,

6th cross, Malleswaram, BENGALURU - 3

Mob: 9686971935, Land: 080-23461189

E MAIL:  kalaskarnetra@gmail.com


LLB (1985)

P.S.R. Law College, Turangi, Kakinada

Work Experience

1992 - 2012

High Court of Karnataka as Judicial Officer in different capacities

Worked as Junior Civil Judge

Worked as Senior Civil Judge

Worked as Head of the Legal Cell, Revenue Department, Govt of Karnataka

Worked as Incharge Central Project Officer (Computers) High Court of Karnataka

1992 - 2012

High Court of Karnataka as Judicial Officer in different capacities

Worked as Junior Civil Judge

Worked as Senior Civil Judge

Worked as Head of the Legal Cell, Revenue Department, Govt of Karnataka

Worked as Incharge Central Project Officer (Computers) High Court of Karnataka


Procedure to track Court…

Procedure to track Court Cases online - CNR number – QR code


The digital drive has accelerated growth in many sectors in India and across the globe and has produced groundbreaking results in different domains. Digital transformations in forms of digital literacy, digital infrastructure creation, communication and networks through digital banking, and digital delivery of services have seemingly worked as bridging a gap and reducing disparities between authorities, members or consumers/users. It has established a new and revolutionary set of channels for transactions. This growth in the digital sector has triggered issues pertaining to its legal and jurisdictional characterin India.These issues became essential to address in order to implicate transparency and convenience between the State and its citizens.


Importance of CNR Number and QR Code

CNR is a unique number assigned to each case filed in district and taluka courts. Once the CNR number is entered, you can get the current status and details of the case.

Case status can also be searched by party name, case number, filing number, advocate name, FIR number or Act type.

The app is extremely helpful and beneficial to both lawyers and litigants. By using this app, one can easily receive notification regarding the next date of hearing of a case.

Judgments copies are available on the app meaning you need not to have wait for a long to access the hard copy of the judgment.

One can also access information by just scanning the QR code.

All information related to high court and district court cases can be accessed through this single mobile application.

The QR code option can be utilized equally by the courts, advocates, thelitigants. The print out of the QR code generated fromthe ecourt websitemaybe pasted in the case docket by the courts and the advocates andwiththescan QR code option available in the e courts mobile app or usinganyotherscan QR code app one can scan the QR code and get the details of thecaseinone scan which will free the user from manually typing the 16digitCNRnumber or by entering the other details while searching . If onestartsusingthis Qr code option it becomes addictive for the user .Just try theoptionandenjoy its speed and accuracy of getting the case details.

EXCLUSIVE SEARCH FOR FIRs (First Information Reports – Police Station)

The FIR registered in the State of Karnataka can be searched in the link and similar links are available created by different State Governments



eCourts in India


eCourts is a revolutionary tool launched to disseminate legal information in India. On 7th August 2013, the Hon'ble Chief Justice of India launched the e-Courts National portal of the eCourts project. eCourt services facilitate citizens by providing information related to cases filed in subordinate courts and most of the High Courts in the nation. It  enables stakeholders as well as citizenstoto access various details pertaining to their pending case online. eCourts services portal is a centralized system where you can check and track the status or information of the case by inserting essential credentials. Moreover, citizens can also access data and information about the judicial system of the country. The judgment search portal also allows to search by Bench, Case Type, Case Number, Year, Petitioner/ Respondent Name, Judge Name, Act, Section, and decisions. Additionally, virtual courts enable online adjudication of cases and are proven to be time and costeffective than traditional court proceedings. Therefore, litigants can settle triviallegal disputes like traffic and transport challans, etc. and can also track and access their status online.


Steps to Follow in the Procedure to Track Court Cases Online

Follow these steps to track the status of your case online on eCourt:

1.      Download e court service application or visit the website

Services provided by eCourts offer to check and track the details of your case at your ease where you can get details on court orders and cases filed in subordinate courts, High Courts, and the Supreme Court. The public at large can access landmark judgments of cases and details or updates thereof to boost their legal awareness. In addition, it also provides e-filing services with virtual court proceedings. ( http://ecourts.gov.in/ )

However, to get personalized details pertaining to your particular case filed, you will be required to log in and enter the credentials of your case as mentioned below to proceed further.

2.      Go to the search menu and enter the CNR number of your case

Once you have downloaded or visited the official website of the eCourt service, click on the ‘search menu’ section of an application/website and enter 16-digit CNR number of your case which is also commonly known as the case identity number. You will find this number on the document of your registered/filed case. If you are unable to log in with the CNR number, then you can opt for other options such as entering the registration number, litigant’s name, or advocate’s name.

3.      Select your state, district, and court complex

Select the state and district where the case is filed to determine the jurisdictional authority that applies to your case. The ‘Cause list’ option on the website provides a list of the cases awaiting a hearing.

4.      Click on the case status tab to know the details of your case

Check the status and once you have entered the details, click on the "Get Case Status" option. The current status of the case will be displayed on the screen. You will be able to see the history of your case.

5.      Save the details

You can also save the case details for future reference by clicking on the "Save this Case" option. However, you will need to register to create an account on the eCourts website to save the case details.

6.      Check for updates

You can check for updates on the professional dashboard of your case.



We can enunciate that digitization of the legal and jurisdiction system has simplified it for the people with an introduction of digital India having commitments to ‘power to empower’. Furthermore, you can also check your police case status online through quick links on e-court, e-prison, NCRB data portal, and on the website of digital police that is, www.police.gov.in.  It's crucial to note that not all courts have online case tracking systems, and even if they do, some information or data may be restricted/sealed or unavailable to the public.




Under which Act, Credit,…

Under which Act, Credit, Debit Cards,  ATMs, PhonePe, PayTm Wallets etc., works


The Reserve Bank of India (RBI) established the Payment and Settlement Act System, 2007 (PSS Act, 2007), which was approved by the President on December 20, 2007. It becomes effective on August 12, 2008. The Board for Regulation and Supervision of Payment and Settlement Systems is a central authority that has been established by RBI (the country's top institution) with the ability to regulate and supervise payment and settlement systems (BPSS). The RBI also created the Payment and Settlement Systems Regulations, 2008 The 12th of August 2008 saw the implementation of both regulations.  



The objectives of the Payment and Settlement System Act, 2007 are to regulate and supervise payment methods through-out India. The Act vests RBI as the supreme authority and grant powers and to regulate payment gateways. It also provides legal framework for ‘netting’ and ‘settlement finality’. The RBI established a Board consisting of industry experts for Regulation and Supervision of Payment and Settlement Systems as a central body with the jurisdiction to control and oversee payment and settlement systems (BPSS). The Payment and Settlement Systems Regulations, 2008 were also produced by the RBI. The two regulations went into effect on August 12th, 2008.

The 2008 Payment and Settlement Systems Regulations has the following goals:

·         It covers topics pertaining to the format of an application to allow starting/operating a payment system as well as the granting of authorization.

·         It establishes the standard for payment systems and specifies payment instructions.

·         It includes topics pertaining to the delivery of returns, documents, or other information.

·         It also covers how system providers produce accounting and balance sheets.

Authorization of payment system

Section 4 of the PSS Act grants powers only to RBI to operate or launch any payment system, and anyone else who wants to do so must apply to RBI for permission under Section 5 of the Act in order to do so. The authorisation request must be submitted using Form A in accordance with PSS Regulations, 2008, Regulation 3(2). The application must be completed and sent to the RBI together with the necessary paperwork and a cost of 10,000. The application fee can be paid in cash, cashier's checks, demand draughts, money orders, checks payable to RBI, or electronic fund transfers. It can also be submitted electronically. The RBI must grant permission for the system providers running the payment systems or wishing to establish such a payment system via this link. Under this Act, any unlawful use of a payment system would constitute a crime and be subject to punishment.

Control and jurisdiction over foreign entities

Between domestic and international entities, the Act makes no distinctions or distinctions. In accordance with Section 4 of the Act, it uses the phrase "No Person." Therefore, it is permitted for foreign organizations to run India's payment system. Regardless of whether an organization is native or foreign, a license or approval from the RBI is required before starting a payment system in India.

A foreign company may provide any service or payment option as the Act puts no bar. The PSS Act of 2007 does not impose any limitations on the type of payment system that a foreign company may provide as long as the method of payment or the service complies with the laws of the country. The RBI has granted permission to foreign card networks like MasterCard, Visa WorldWide Pvt. Ltd., and others, and they are now managing card programmes in India. Remittance services are also being offered by foreign entity service providers like Western Union Financial Services Inc., USA, MoneyGram Payment Systems Inc., etc. who have also been granted authorization. Get the details visitation the link https://www.rbi.org.in/Scripts/PublicationsView.aspx?id=12043

Control over financial market infrastructures (FMI)

One of the institutions taking part in a multilateral system is the system operator. This technique is used to clear, settle, or record payments, securities, or other financial transactions. FMI refers to Central Securities Depositories (CSDs), Securities Settlement Systems (SSSs), Central Counter Parties (CCPs), and Trade Repositories (TRs) as "payment systems" under the Act to facilitate the clearing, settlement, and recordkeeping of financial transactions. The Committee on Payment and Settlement Systems (CPSS) and International Organization of Securities Commissions (IOSC) publish the Principles for Financial Market Infrastructures (PFMIs). The PFMIs' policies and guidelines also apply to the FMIs. A foreign Financial Market Infrastructure can also operate in India. The PSS Act does not prohibit its operation.  On July 26, 2013, the RBI issued a press release titled "Policy Document for Regulation and Supervision of Financial Market Infrastructures."

Regulatory powers of RBI

The Reserve Bank has the following authority over requests to authorize payment systems:

In accordance with Section 7(3) of the Act, RBI may reject the application by sending the applicant a written notice that outlines the reasons why and gives them a fair amount of time to respond. Any authorization that the RBI has granted in accordance with Section 8 of the Act may be revoked. If the system provider disobeys RBI orders or directives, violates any Act or regulatory rule, or violates the terms and conditions on which it was granted authorization, the authorization may be cancelled.

RBI is allowed to collect permission fees under Section 7. According to Section 15(3), RBI is authorized to disclose any documents or information it obtains to any person or authority if it determines that doing so is necessary to protect the integrity, effectiveness, or security of the payment system, is in the best interest of banking or monetary policy, or serves the interests of the general public. The RBI is given the authority to guarantee that the Act's rules are followed by Section 14 of the Act. The Regulations established by the Act have the authority to appoint an officer to access any location where a payment system is in use, inspect any equipment, and call and request any document or information from any employee of the system provider or participant.

RBI also reserves the right to perform an inspection where it is required to scrutinize. According to Sections 17 and 18 of the Act, the RBI has the authority to direct a payment system or system participant to execute a specific act or refrain from performing a specific act in order to ensure the smooth operation of the payment system.

Retail Payments Organisation

i. National Financial Switch (NFS)

ii. Immediate Payment Service (IMPS)

iii. Affiliation of RuPay Cards (debit cards/ prepaid cards) issued by banks and co-branded credit cards issued by non-banking financial companies (NBFCs) or any other entity approved by the RBI.

iv. National Automatic Clearing House (NACH)

v. Aadhar Enabled Payments System (AEPS)

vi. Operation of Cheque Truncation System

vii. Unified Payments Interface

viii. National Electronic Toll Collection (NETC)

Cards Payment Networks

Cross border Money Transfer – in-bound only

ATM Networks

Prepaid Payment Instruments

White Label ATM Operators

Dispute redressal mechanism

According to Section 24 of the Act, the system provider must set up a panel to resolve disagreements between system participants, and they must refer any such disagreements that include two or more participants to the panel. The Reserve Bank will be consulted if the system participants are not happy with the panel's judgement or if there is a disagreement between a system participant and the system provider. If the issue is addressed to the Reserve Bank, an officer of the Reserve Bank authorised in this regard will make the ultimate and binding decision. When a dispute arises between Reserve Bank acting as a system provider or system participant and any other system provider or system participant then the matter shall be referred to the Central Government which authorizes an officer of a rank not below the rank of Joint Secretary whose decision shall be final.






Finance Minister Nirmala today announced to increase the maximum deposit limit of Post Office Monthly Income Scheme (POMIS).  The new maximum deposit limit in this Government of India (GoI) backed small saving scheme will be   9 lakh from 4.5 lakh for a single account holder and 15 lakh from 9 lakh for joint account holders.

Finance Minister Nirmala Sitharaman made an announcement in this regard during her Union Budget speech.

“The maximum deposit limit for Monthly Income Account Scheme will be enhanced from 4.5 lakh to 9 lakh for single account and from 9 lakh to 15 lakh for joint account," said Nirmala Sitharaman while presenting the Union Budget 2023 in parliament.


After this rise in maximum deposit limit from 4.5 lakh to 9 lakh, minimum amount required to open Post Office Monthly Income Scheme or POMIS account would remain same 1000. Similarly, in a joint account, all joint account holders will have equal share in the total deposited amount. 


As per the information available on India Post's official website, “Interest shall be payable on completion of a month from the date of opening and so on till maturity." However, if the interest payable every month in Post Office Monthly Income Scheme or POMIS is not claimed by the account holder, such POMIS interest shall not earn any additional interest.


Pre-mature withdrawal is allowed in this small saving scheme but not before before one year of account opening. 

“If account is closed after 1 year and before 3 year from the date of account opening, a deduction equal to 2% from the principal will be deducted and remaining amount will be paid," the Department of Post website claimed adding, “If account closed after 3 year and before 5 year from the date of account opening, a deduction equal to 1% from the principal will be deducted and remaining amount will be paid."



·         Opportunities for citizens with focus on the youth

·         Growth and job creations

·         Strong and stable macro-economic environment


·         Inclusive development

·         Reaching the last mile

·         Youth power

·         Financial sector

·         Green growth

·         Unleashed the potential

·         Infrastructure and investment


·         Building digital public infrastructure: Building an accessible inclusive and informative solution for farmers.

·         Setting up agriculture accelerator fund: For the encouragement of innovative ideas for startups in rural areas

·         ANB Horticulture Clean Plant program to be launched: To boost production of high value horticulture crops

·         Targeted funding: INR 20 Lac Crore agricultural credit has been targeted as animal husbandry, dairy and fisheries sector.

·         Making India global hub for millets: “project Sree Anna”, support to be given to IIMR, Hyderabad for promoting research

·         Setting up of widely available storage capacity: Will enhance farmers remuneration by enabling sale at appropriating times


·         157 new nursing colleges to be established

·         Sickle cell anemia elimination mission to be launched

·         New programme to research in pharmaceutical to be launched

·         Joint Public and private medical research to be encouraged via select ICMR labs.

·         Increased expenditure on health and education from 1.4% to 2.1% in health and 2.8% to 2.9% in education


·         Revamped teachers training via District Institutes of Education and Training

·         National Digital Library to be set up for children and adolescents

·         States will be encouraged to be set up physical libraries at panchayat and ward levels


·         9 crore drinking water connections to rural areas

·         Cash fransfer of INR 2.2 Lac Crore to over 11.4 crore farmers under PM-KISAN

·         Insurance cover for 44.6 crore persons under PMSBY and PMJJY

·         47.8 crore PM Jan Dhan Yojna bank accounts

·         220 crore Covid vaccinations of 102 crore persons

·         9.6 crore LPG connections under Ujjawala program

·         11.7 crore households toilets constructed under SBM


·         Incentives to boost investment in infrastructure and productive capacity resulting in frowth and employment

·         Increased capital investment outlay by 33.4% to INR 10lac crore

·         Continuation of 50 year interest free loan to state govt. to incentivize infrastructure investment

·         Highest ever capital outlay of INR 2.4 lakh crore for Railways

·         100 transport infrastructure projects identified for end-to-end connectivity for ports, coal, steel and fertilizers sector

·         Creating urban infrastructure in tier-2 and tier 3 cities via establishment of UIDF (urban infrastructure development fund)


·         Make AI in India: three specialized AI centers to be set up in educational institutes: AI based solutions in agriculture, health and sustainable cities

·         National Data Governance Policy: Enable access to anonymized data for research by start-ups and academia

·         Vivad se vishwas I: Less stringent contract execution for MSMEs: relieve to MSME affected during the Covid period

·         Vivad se vishwas II: Easier and standardized settlement scheme: Faster settlement of contractual disputes of Govt. and Govt. undertakings

·         Phase 3 e-Courts to be launched for effective administration of justice

·         Entity Digi Locker: facilitating secure online storing and sharing of documents

·         Setting up 100 labs for 5G services based application

·         R&D grant for lab grown diamonds sector: to reduce import dependency by encouraging domestic productions


·         PM-PRANAM to be launched: will incitivize states/UT to promote usage for alternative fertilizers.

·         500 new waste to wealth plants: to be established under the GOBAR Dhan scheme for promoting circular economy

·         Sustainable ecosystem development: MISHTI: Mangrove plantation along the coastline

·         Amrit dharohar for optimum usage of wetlands


·         Setting up of national finance information registry: to enable efficient lending, promote financial inclusion and enhance financial stability

·         Setting up of a central data processing center: for faster handling of administrative work under the Companies Act

·         Credit Guarantee scheme for MSME: expanded corpus under a revamped scheme to enable additional collateral free guaranteed credit for INR 2 lac crore

·         Mahila Samman Bachat Patra: One time new small savings scheme for a 2-year period with a deposit facility of up to INR 2 lacs for women

·         Benefits for senior citizens: enhanced maximum deposit limit for senior citizens saving scheme from INR 15 lacs to 30 lacs.

·         Other initiatives: To promote business activity on GIFT IFSC

Create more trained professional in securities market via award of educational certificates


·         50 year interest free loans to states:

To be spent on capital expenditure within 2023-24

Part of the loan in conditional on states increasing actual capital expenditure and parts of outlay will be linked to states undertaking several reforms

·         Fiscal deficit of 3.5% of GSDP allowed for states (0.5% tied to power sector reforms)

·         Fiscal consolidation: targeted fiscal deficit to  be below 4.5% by 2025-26


·         Enhanced limits for micro enterprises and professionals to avail benefits of presumptive taxation; 95% of receipts to be non cash

·         Deduction on payment made to MSME to be allowed only when payment is actually made

·         Extending 15% corporate tax benefits to new co-operatives commencing manufacturing till 31st march 2024

·         Higher limit of INR 2 lacs for member for deposit and loans in cash by PACS and PCARDBs

·         Higher limit of INR 3 Crore for TDS on cash withdrawal for co-operative societies

·         Extension of the date of incorporation by one year for income tax benefits to startups

Benefits to carry forward of losses on change of shareholding of startups from seven years of incorporation to 10 years.



Builders and Developers…



Builders and Developers – How to Recovery Advance paid to them



The concept of advance payment or deposit is part of a contractual relationship between a buyer and a seller in transferring immovable property. However, it differs from security money, which generally indicates a buyer's interest in said property. It is considered part of a 'purchase money', the due amount of which is supposed to be paid on a future date, complying with the agreement signed between the parties.




Referring to the buyer's right under property law, a prospective buyer, under section 55(6)(b) of the Transfer of Property Act, 1882, is entitled to a charge on the property against the seller or anyone claiming it under him, for the amount of purchase money (advance deposit) paid by him as part of the sale agreement. Therefore, when the buyer has not defaulted or breached any terms of the contract thereof, he has all the rights to use legal remedies available to protect his rights against a seller, i.e., builder/contractor, to claim their money (advance payment) back or ask for specific performance if possible.




In addition, as per section 21 of the Specific Relief Act, the party who suffers from a breach of a contract by any means is entitled to receive compensation for any loss incurred by the damages caused to him by the party who is at fault or broken a contract as a pecuniary compensation due to a breach or loss. In such instances where the seller or contractor refuses to fulfil contractual obligations, a buyer can also charge him for a penalty if a penalty clause is inserted in an agreement.




The cases of payment fraud by the side of builders or developers are prevalent by several means, such as

       Delaying the possession of the property beyond a reasonable time.

       Using advance payment or deposit money for new projects or personal use.

       By misrepresentation, where the property does not meet promised specifications,etc.


The purview of applicable laws is explained hereunder:




The Indian Contract Act, 1872


The primary provisions of law regulating advance deposit or earnest money are sections 73 & 74 of the Contract Act. As per the general rule of the contract, if a party infringes the terms of a contract by any means, the buyer has the right to cancel the contract and obtain a refund of the advance deposit along with interest and compensation for any loss incurred. Hence, a buyer of the property under a valid contract is safeguarded under this Act.


The Specific Relief Act, 1963


Under section 20 of the Specific Relief Act, a defaulting party under the terms of a contract can be held liable to perform precisely what has been mentioned in the contract. Therefore, in the instances where a buyer is cheated by a builder/developer of a property and if a builder takes an unfair advantage by which the buyer has extreme hardship, the Court in such cases may exercise discretion in granting specific performance as a relief to a defendant/buyer.


The Consumer Protection Act, 1986 and the Indian Penal Code, 1860


Consumer courts have imposed huge penalties in various matters and assured that the possession of the flat or property is handed to a prospective buyer at the earliest or the entire amount is refunded along with interest and compensation. In cases where the builder has cheated, or the developer has made false promises, the buyer can file a criminal case under the Indian Penal Code, 1860, for cheating, breach of contract, or delivery of poor-quality construction. He can also file a consumer complaint regarding deficiency of services, delay in possession, or non-delivery of property/flat.


The Real Estate (Regulation and Development) Act, 2016, and RERA (Real Estate Regulatory Authority)


The interest of home/property buyers is protected under this Act regarding safeguarding their rights where they can file a complaint against the builder or a developer. Under the RERA Act, a minimum of 70% of the buyer's money will be kept in a separate escrow account that will ensure that the fundscollected for a particular real estate project arenot diverted to other projects undertaken by the builder/developer. However, builders cannot ask for more than 10% of the property's value as an advance payment before the sale agreement is signed. It also states that claiming a refund of the payment or an advance deposit is an exclusive right of a buyer. Thus, in instances where a builder or developer has cheated or violated the terms of a contract causing any loss or inconvenience to a buyer, a buyer is eligible to claim an advance deposit made by him with interest or a  full refund with interest post the due date for up to 10% every month until handing over the property. The methods you can use as buyers as a remedy to take legal action against a seller or a builder are mentioned below.




Send a legal notice


Sending a legal notice to a seller or builder is theforemost step in any property dispute,whether for payment recovery or for a specific performance where alegal breach of a contractual relationship has occurred. A lawyer or an attorney dealing with a property dispute or contract lawyer can assist in drafting a proper legal notice describing the appropriate grounds and reasons for it. If the builder refuses or doesn't respond within the stipulated time of sending such notice, he can take the next legal step in the procedure.


File a complaint under RERA


First, a buyer must check if the builder is registered under RERA. If yes, he can easily file a complaint online on the registered portal of RERA to raise a complaint against the seller to obtain relief and to claim a refund or advance payment.


Moving to a Consumer Forum


A buyer can also approach a consumer court to file a complaint against the seller for a criminal breach of trust or fraud. In addition, Consumer courts have ordered exemplary compensation like 65 lakhs and 18% interest compensation. In the matter of Unitech, Jaypee group was penalized with a 12% annual penalty for its NOIDA project.


Court Precedent


Videocon Properties Ltd. v. Dr Bhalchandra Laboratories and Others [(2004) 3 SCC 711]

In this case, the Supreme Court examined the nature of the advance deposit. The Court took the view that the words used in the agreement alone would not be determinative of the character of the "earnest money", but the intention of the parties and the surrounding circumstances must be considered to know whether an initial payment is an essential advance deposit.




When the contract contains a clause as to what is to be done with the advance deposit in the event of a breach of contract, the Court must be guided by the terms of the contract. Hence, the advance deposit will be refunded in case of non-compliance with the contract by the seller or builder. Additionally, when a buyer invests in a project approved by RERA, their rights as a buyer are secured. RERA ensures legal compliance and possession timings. Also, a buyer can claim an advance payment made to a builder as a booking amount if his loan application is dishonoured for any reason. One must know that the government lays out no rules or conditions regarding the cancellation of the house or refund the booking amount. It is subjective to your understanding of your builder or developer. So, the advance payment can be recovered in such cases, but a buyer might have to pay a cancellation fee, as mentioned by a builder in the agreement. If a buyer has not maintained the documents or documented the property purchase, he may not be able to get the refund. In this case, one can consider taking legal advice.



Discharging and Quashing…

Discharging and Quashing in Criminal Cases

In criminal cases, it is crucial to consider all available options for the accused, particularly whether to file a petition for Discharge or go before the High Court in a quashing petition. The question of whether the accused should apply for Discharge under Section 227 or Section 239 under the Code of Criminal Procedure, 1973 (Cr.P.C.) to the trial court or apply to the High Court under Section 482 of the Cr.P.C. to have the summoning orders quashed, provided they believe their case has some merit for such relief.


What is Discharge?

The remedy provided to the falsely accused individual under the Criminal Procedure Code of 1973 is known as a Discharge Application. This Code contains the guidelines for submitting a discharge application if the accusations brought against him are untrue. He is entitled to be dismissed if the evidence presented to the court is insufficient to establish the offence and there is no prima facie evidence against him.


Essential elements of Discharge

The following essential components must be present for the Court to assess the Charge sheet and Police Report that were provided to it by the police, in accordance with Section 173:

·         If he sees proper, the Magistrate may question the Accused.

·         Following that, the prosecution and the accused parties' arguments and their stories would be heard.

·         Grounds against the accused should be without merit if no supporting documentation exists. The Court must also be certain that the accused is not the subject of a valid first charge.

The accused is discharged if the aforementioned requirements are met.

When an accused can be discharged in different kinds of cases

·         Discharge of accused in warrant cases based on a police report

The final charge sheet under Section 173 of the Code is often filed by the police when their investigation is complete. The court in question then starts the accused's trial. However, Sections 239 and 227 of Cr.P.C. have procedures that allow an accused individual to be released before charges are filed against him. These rules, however, may only be invoked by the Accused in warrant cases.


·         Discharge of accused in warrant cases instituted on a police report before Magistrate

The final charge sheet against the accused is typically filed by the police when their investigation is complete. After then, the court in question presents the accused with the allegations that have been brought against him. The Cr.P.C., however, provides a procedure that allows the accused to be freed before formal accusations are brought against him.

Suppose the Magistrate determines that the charge against the accused is without merit after carefully reviewing the police reports. In that case, all the documents submitted pursuant to Section 173, the examinations of the accused, if any. After hearing the prosecution and accused, he shall discharge the accused and note his justifications.

·         Discharge of accused in Sessions Trial

According to Section 227 of the Code, if the Judge determines that there are insufficient grounds to proceed against the accused, after hearing the prosecution's and accused's arguments and taking into account the case file and any documents submitted with it, he shall discharge the accused and note the specifics of his decision. An accused person's Discharge cannot be issued before taking into account the accusations in the chargesheet and the pertinent legal precedent.

Important Case law

The Hon'ble Supreme Court ruled in Smt. Rumi Dhar v. State of West Bengal &Anr. (2009) 6 SCC 364 that the learned Judge should examine the specific charges levelled against each accused individual when evaluating an application for Discharge made in accordance with Section 239 of the Code to determine whether or not a case has been made out at all.

What is Quashing?

It is determined that Section 482 Cr.P.C. is within the ambit of the High Court's inherent powers and is relatively unusual in criminal law. It appears to be the most potent instrument given to the High Court under the Indian Constitution's procedural provisions. It indicates that the High Courts of a specific state are the only ones who may employ this stipulated clause, and the Superior authorities may never revoke the High Courts' inherent power.However, only the courts have the right to use these authorities to provide complete and acceptable justice to the parties in front of them and to prevent misuse of the legal system. In accordance with section 482 CrPC of the new Code, this is done with an inherent capacity to uphold justice, right wrongs, and prevent abuse of the legal system. It is important to note that the high court's inherent powers should only be employed in limited circumstances.The Code of Criminal Procedure (Amendment) Act of 1923 added this section because it was determined that the high courts were unable to provide complete justice when it was determined that the given case demonstrated ex-facie or occasionally prima facie illegality that was frequently observable and obvious.

Essential elements of Quashing

However, it is argued here that this provision includes three scenarios in which such inherent jurisdictional rights may be used. These are as follows:

·         To avoid misuse of the court's procedures.

·         To fulfil the purposes of justice.

·         To put into effect a Cr.P.C. order.

The following points can be used to conclude what is coherent with the goals of 482 Cr.PC: The inherent authority of the High Court is the most potent tool under Section 482 of the Code of Criminal Procedure, and it undoubtedly acts in a particular manner in criminal law. This process is primarily employed to purge the realm of criminal proceedings of all corrupting and malevolent influences.

Important Case Law

In Som Mittal v. Govt. of Karnataka, the Supreme Court ruled that the authority granted by Section 482 Cr.P.C. must only be used in the rarest of circumstances. The use of inherent power, as described in Section 482 of the Code of Criminal Procedure, is an exception rather than the rule. The exception is only used when it is brought to the Court's attention that a serious injustice would have been done if the trial had continued and the accused would have been subjected to needless harassment. At first glance, it would seem to the Court that the trial would likely result in an acquittal.


Analyzing legal and…

Analyzing legal and security issues in cyber contracts

(E - contracts)


The world of the internet has provided convenience in almost all aspects of life. It has seemingly worked in connecting people all around the globe. As a result, people are more comfortable, and everything is just a click away. The very radiant impact of this reflects in the corporate world through the boost of e-commerce across the board. Businesses and legal or formal paperwork have robotized with the help of technological advancement and electronic mediums. Traditional contracts and agreements by pen and paper are getting replaced by online contracts or e-contracts. Hence, we can enunciate that e-contracts are nothing but the digitized version of traditional contracts. 


However, essential elements of a contract are not different as e-contracts are also governed under the Indian Contract Act, 1872, along with the provisions followed under Information Technology Act, 2000, Indian Evidence Act, 1872, Payment and Settlement Act, 2007 and Electronic Commerce Act, 1998. As cyber contracts are also governed by the Indian Contract Act, 1872, the essential elements of a valid e-contract are similar to a traditional contract. In addition, Clickwrap agreements, Browsewrap agreements and Shrinkwrap agreements are three general kinds of e-contracts. 

These are the essential ingredients of an e-contract:-

  • Involvement of two parties who are compatible under the law to enter an agreement/contract. Note: In cyber contracts, parties to a contract are generally referred to as - Originator and Addressee
  • Use of electronic medium 
  • Free consent 
  • Valid consideration and lawful object 
  • E - acceptance and E - proposal 
  • Intention to create a legal relationship and certainty/possibility of legal performance 

The legal and regulatory framework in India for the validity of cyber contracts 

  • Indian Contract Act, 1872 

The provisions laid down under the Act do not limit electronic contracts or agreements unless they violate the general principles of a valid and legitimate contract enforceable under the law. Under Section 2 (b) of the Act, acceptanceof the valid offer and other essentials are considered valid criteria for forming the contract. Linking to the E-Contract is a form of acceptance when we agree by clicking on "I agree" to all the supplier's/ originator's terms and conditions.

  • Section 65-A of the Indian Evidence Act, 1872 

In congruence with this section defined by the Indian Evidence Act of 1872, the judicial systems in India acknowledge electronic documents with the effect of special provisions as evidence relating to the contents of electronic records. However, it is also pertinent to section 65-B of the Act and the conditions prescribed therein, fulfilling its admissibility in the court. 

  • Section 10A And Section 2 (p) of the Information Technology Act, 2000

By section 10A of the Act, if the contract formation meets all the requisites as per the provisions of the law, then it shall not be deemed unenforceable solely on the ground of its medium. Furthermore, In e-contracts, digital signatures will be required to authenticate communication between the parties, defined under Section 2 (p) of the Information Technology Act, 2000.

  • Electronic Commerce Act, 1998 

The Indian legislative system brought the Act to oversee the challenges related to cyber contracts. The Act comprises 15 divisions and lays down essential rules and requirements for genuine e-contracts.

Legal and security issues faced by E Contracts 

Judicial issues: 

Choice of the applicable law

It gets slightly tricky to determine which law will govern the dispute in case of cyber contracts in the absence of the choice of the law by the parties to an agreement, i.e. originator and addressee. Consequently, several civil laws may be affected in deciding relevant substantive laws in cross-border commercial transactions.

Choice of the court of jurisdiction 

Since transactions like cyber contracts are paperless, it becomes relatively difficult to determine the court's jurisdiction in case of a breach or violation of the contract or any terms thereof. However, as per Section 13 (3) of the IT Act, the electronic record is deemed to be dispatched at the business place of the originator, whereas, for the addressee, it is considered to be at the business place where he has received the same. Subsequently, the issue may emerge where the location of the computer source is dissimilar from the principal place of the enterprise or a communicator. Also, when the parties are engaging in e-contract terms from different borders of the world.

Competency and free consent 

Section 10 of the Indian Contract Act primarily governs contracts that include e-contracts in India. Consequently, Section 10, 11, and 12 of the Act mandates free consent and competence of the parties to enter a contract which are essential ingredients for a valid contract formation under the law. Since this also applies to cyber contracts, a situation may arise where an incompetent person be it minor or any other, may accidentally or fraudulently get access or either by clicking on ' I agree' to the terms of the contract.

Security Issues:

Security and privacy threat

More often than not, security and privacy issues majorly affect online transactions, irrespective of whether they are commercial or on the applications or a shopping website with buyer and seller agreements. Internet malpractices such as hacking, phishing, and email satirizing are some prominent drawbacks in web-based transactions and contracts.

Signature authentication

The binding parties don't have to sign a contract, as the Indian Contract Act, 1872 recognizes both, i.e. oral and written agreements. However, a digital signature represents the party's intention or consent to enter a contract, which may be subject to suspicion due to cyber fraud in the virtual world.

Loss due to technical error

Loss due to technical error is one of the most prevalent issues affecting transactions and contracts in the virtual environment. 

Data forgery and Identity theft

Section 66, read with Section 43 of the Information Technology Act, 2000 explicitly deals with onlinefraud. Nonetheless, it also incorporates identity theft, which includes imitating the buyer, a person, or an enterprise and dealing in unlawful activities that may involve criminal intent.

Court precedent in India on the online contracts 

Trimex International Fze Limited v. Vedanta Aluminium Limited 

The offer and acceptance were transmitted by email without signature documents in the given case. The issue pertained to the question of whether the contract is held to be valid in the absence of the formal subsistingagreement. The Hon'ble Supreme Court in the given case pronounced its judgment as once a contract is reached within the electronic system of the parties, it fulfils all the essentials of the said contract under the provisions of the laws to which it is subjected, the mere notion that a formal agreement must be needed has no bearing on its validation.

Above are some of the legal and technical issues whiche-contracts face in India and globally. However, these legal and technical limitations can be curbed with the implication of the substantial yet specific laws for the contracts and transactions happening digitally. Nevertheless, with innovations and inventions in technological trends, the growth of the digital wave is quite evident in the world of business, and independent e-contract governance can transform it into a success with better control over the issues.


The world has moved on and adapted various approaches to tackle the problems associated with business trades. With e-contracts coming into the picture, an arrangement can be made between two parties residing in different corners of the world from their place of business. The e-contract mechanism has reduced the parties' physical presence while signing the agreements but has also increased the fear of falling into online fraud. Many people have gained through this new mechanism but still, a handful of people have been left behind, fearing they might get into trouble. Appropriate safeguards are required to protect the parties' interests by legal justification and clarity of jurisdiction if a party breaches the terms of the e-contract. Depending upon the trade, the traditional way of agreement might vanish in the coming days, and the new e-contract will replace it.


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