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Traumatic Brain Injury (TBI) is a severe and often life-changing injury resulting from accidents, sports injuries, or medical malpractice. A TBI can lead to long-term disability, cognitive impairment, read more
Traumatic Brain Injury (TBI) is a severe and often life-changing injury resulting from accidents, sports injuries, or medical malpractice. A TBI can lead to long-term disability, cognitive impairment, and emotional distress. In such cases, it is crucial to have a Traumatic Brain Injury (TBI) lawyer who specializes in advocating for the rights of individuals who have suffered a TBI. A TBI lawyer is critical in pursuing compensation for the damages caused by the injury. In this blog post, we will explore the role of a TBI lawyer and the specific responsibilities and duties they undertake to help their clients seek justice and fair compensation.
Personal injury cases involving TBIs can be complex and require a thorough assessment of the facts to determine if negligence or malpractice played a role in the injury. Traumatic brain injury lawyers will assess the case to determine its legal merits and decide on an appropriate strategy for seeking compensation for you. Your lawyer will collect evidence, review medical documents, and analyze the facts of your case to determine if there is a viable legal claim. They also work with other legal professionals, such as medical experts, to create a compelling argument for your case. The lawyer will also evaluate the total cost of your medical bills, lost wages, and other damages to determine appropriate compensation.
The legal aspect of a TBI injury case can be complicated. Your lawyer will provide advice and guidance to help you understand the legal process and your rights as an injured individual. They can explain the different types of compensation that may be available, such as punitive damages or medical expenses reimbursement.
Your lawyer will also advise you on how to proceed with filing a claim and any other legal documents that may be required. They will also help you prepare for hearings and other court proceedings if necessary.
Insurance companies can be challenging to work with when dealing with a TBI case. A TBI attorney can help negotiate an appropriate settlement amount considering all your damages, including medical costs and lost wages. The lawyer will also assess the legal merits of a settlement agreement to ensure that you are adequately compensated. If a settlement cannot be reached, a TBI lawyer can represent you in court and fight for the damages you deserve.
Sometimes, settlement negotiations with an insurance company can break down and require a lawsuit. If this happens, your TBI lawyer will be your advocate in court and provide representation for the case duration. They will present the facts of your case to a judge or jury and argue on your behalf to seek fair compensation for any losses you have suffered due to the injury. Court proceedings can be intimidating, but having a TBI lawyer by your side will ensure you have the guidance and support to make a strong case for yourself.
The mental and emotional toll of a traumatic brain injury can be significant. Your TBI lawyer will support you throughout the legal process and help you cope with the trauma of such an injury. They will ensure your rights are respected and you receive the justice and compensation you deserve. If you have a problem coping with the effects of a traumatic brain injury, your lawyer can connect you with other professionals and support services that can help.
After an accident, it’s important to seek the guidance of an experienced TBI lawyer. A good TBI lawyer will provide comprehensive legal services and support to help you fight for the compensation you deserve. With their assistance, you can rest assured that you’re getting the best legal representation possible.
Writs under the Constitution of India (FAQ’s)What is a Writ?What is the difference between writs issued under Article 32 and Article 226?What are the different types of Writs?What is the Difference between read more
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 read more
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, 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 read more
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
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
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.
It is extremely difficult to maintain peace and order and preserve individual rights in the world's largest democracy and country with the world's largest population and most diverse communities. What's read more
It is extremely difficult to maintain peace and order and preserve individual rights in the world's largest democracy and country with the world's largest population and most diverse communities. What's more challenging is bringing justice in a complicated judicial and political system, where each step of the redressal procedure is influenced by many elements that affect the eventual result. In such a complex situation the witness is the key person who highly influences and key element in bringing the ultimate justice, especially in criminal law. Such witnesses are frequently turned hostile due to either corruption or influence by opposing parties, which obstructs the route to justice for ordinary people.
Who is a Witness?
A witness is someone who witnesses a crime and has the ability to express their feelings when questioned by the Court. The term witness is defined under Section 118 of the Indian Evidence Act 1872 as a person competent enough to understand the Court's questions. Thus, according to this provision, anyone can be a witness unless they are unable to understand and respond to the questions posed to them.
Hostile Witness: When Does A Witness Become Hostile
A witness's role is crucial in any country's criminal justice system. Witnesses, according to Bentham, are the "eyes and ears of justice". To understand the concept of a hostile witness, we must first understand how a witness becomes hostile. The investigative powers of the police are dealt with in Chapter XII of the Code of Criminal Procedure. Police officers have the ability to record witness statements under Section 161(3) of the Cr. P C.
However, according to Section 162, these statements are not admissible in court. Section 162 prohibits accused persons from being prejudiced by admissions given to police officers who may put witnesses under duress. As a result, during the trial, the witness must reiterate what he told the police. In this scenario, the police statements serve as a baseline against which the veracity of the witness can be assessed. If the witness retracts earlier comments, he or she may have been hostile.
Reasons For Witness Turning Hostile
Witnesses turning hostile at trial due to threats are no longer limited to cases of serious offenses such as terrorist acts. Various strategies are used to discourage witnesses from appearing in court to offer evidence. The trial falls apart when a witness retracts previous comments. When a witness makes a statement to police about an offense committed without his knowledge but afterward retracts or alters his stand when deposing before the Court during the trial, he is termed hostile. While there is no provision in the Indian Evidence Act to label a witness hostile, Section 154 gives the Court the authority to let anyone who calls a witness ask him any question that might be asked in cross-examination. Section 145 of the Act allows for cross-examination of any witness regarding his earlier written statement. A witness is said to be hostile if he attempts to suppress the facts, so harming the party who calls him. Such evidence should be discarded as misleading. However, per section 6, any discrepancy in a witness's statement cannot be used to refute the prosecution's case.
There are a variety of reasons why witnesses become hostile during a trial. In most cases, witnesses fear the wrath of accused people with power or influence. In the infamous case of Sidhartha Vashisht @ Manu Sharma v. State (NCT of Delhi), 80 witnesses had turned hostile, which led to his acquittal by the lower Court, though reversed by the higher courts. The landmark judgment of the Zahira Habibulla case ("Best Bakery") throws light on the issue of witness protection apart from the quality and credibility of evidence before the Court. The trial for the infamous Sohrabuddin fake encounter case has also been delayed. Such blatant incidents of hostile witnesses show the extreme side of influence and power in a country where finding justice is already difficult. Such witnesses may be charged under Section 191 of the Indian Penal Code, which provides for a seven-year prison sentence and a fine if they provide false evidence. Perjury, on the other hand, is rarely prosecuted.
WITNESS PROTECTION LAWS IN INDIA
A witness who testifies at a trial has the civil duty to state only the truth. The obligation of the state is to safeguard a witness against dangers to his life or property in several areas. When a witness is intimidated, killed, or harassed, not only is the witness endangered, but also the fundamental right of a citizen to a free and fair trial is upheld. Currently, India does not have a witness protection law in existence. There are provisions in various statutes for victim assistance and witness protection, but there is no integrated legislation that protects witnesses.
Code of Criminal Procedure, 1973
Section 177 of the Code states that in order to get fair and independent evidence, a witness on his way to Court shall not be obliged to follow a police officer and shall not be subjected to unnecessary confinement or inconvenience. Section 299 lays down the right of the accused to cross-examine the prosecution witnesses. In certain extreme circumstances, such as when the accused is absconding and cannot be produced before the Court, the section allows the prosecution to question witnesses in the absence of the accused. As a result, the accused is legally denied the opportunity to cross-examine a prosecution witness in open court. Section 327 of the Code provides for an open court trial. However, if the presiding Judge or Magistrate believes that the public should not have access for whatever reason, access to the general public may be restricted at any stage of any inquiry into or trial of any individual case. Section 372(2) provides for an in-camera trial when the offense is rape. Trial by the camera would not only keep the victim's self-esteem and confidence in line with legislative intent, but it would also likely improve the value of evidence of a prosecutrix because she would not be as cautious or hesitant to depose in a frank manner as she would in an open court in front of the public. Recording of evidence by video conferencing has been held to be admissible in a recent decision of the Supreme Court in State of Maharashtra v. Dr. Praful B. Desai Deposing via video conferencing will enable the victim or witness in giving honest answers without any external pressure. Section 173 requires the police officer to provide a report upon completion of the inquiry. The police officer is obligated by Section 173(5)(b) to send to the Magistrate, along with his report, the statements recorded under Section 161 of any persons whom the prosecution intends to examine as witnesses. A statement recorded under Section 161 does not have to be given to the accused if the police officer forms such an opinion in the interests of justice and the grounds for the same are stated to the Magistrate.
Sections 406 and 407 deal with the jurisdiction of the Supreme Court and the High Court to transfer cases and appeals, respectively, if the Court believes it is in the best interests of justice. Section 312 allows criminal courts to pay witnesses or complainants for reasonable expenses incurred while attending court. In the Best Bakery case, the Supreme Court ordered the transfer of the case from Gujarat to Maharashtra, citing concerns about witness protection as well as the quality and credibility of the evidence. Section 195A permits a witness or any other person to submit a complaint if they are threatened or influenced to give false evidence in relation to any offense.
Indian Penal Code, 1860
Section 228A of the IPC prohibits the publication of the identity of the victim of certain rape offenses while allowing for specific conditions in which the identity may be published. As a result, without the prior authorization of the Court, no matter relating to any of the aforementioned offenses may be printed or published.
The Supreme Court of India emphasized the necessity of an honest witness in ensuring the fairness of a trial in its decisions in State of Gujarat v. Anirudh Singh and Zahira Habbibulla H. Sheikh and Others v. State of Gujarat.
In Zahira Habbibulla H. Sheikh and Another v. State of Gujarat, it was observed by the Hon'ble Supreme Court in the following lines: This Court in Vineet Narian v. Union of India (1998 (1) SCC 226) has directed that steps should be taken immediately for the constitution of able and impartial agency comprising persons of unimpeachable integrity to perform functions akin to those of the Director of Prosecution in England. In the United Kingdom, the Director of Prosecution was created in 1879. His appointment is by the Attorney General from amongst the members of the Bar, and he functions under the supervision of the Attorney General. The Director of Prosecution plays a vital role in the prosecution system. He even administers "Witness Protection Programmes". The Witness Protection Programmes are imperative as well as imminent in the context of the alarming rate of somersaults by witnesses with ulterior motives and purely for personal gain or fear of security. It would be a welcome step if something in those lines were done in our country. That would be a step in the right direction for a fair trial. Expressing concern merely in words without the mind to concretise it by positive action would not only be useless but also amount to a betrayal of public confidence and trust.
ANALYSIS OF THE WITNESS PROTECTION BILL, 2015
The Witness Protection Bill of 2015 is India's first concrete move toward ensuring the protection of witnesses outside of courtrooms who come forward to aid law enforcement agencies and suffer significant pressure and threats, particularly when the accused is in a powerful and influential position.
During any stage of the proceedings, a witness has the option of applying for protection within the jurisdiction of the police station that he is assigned to or at the Court, according to the Bill. The Police Officer is given the authority to investigate the threat and report back to the Court. The Applicant shall be protected from any threat to his life, property, or affiliated people in an attempt to influence the testimony of such witness. "Associated individuals" refers to anyone who is related to or has a connection with the witness. The Bill, on the other hand, did not require any rules or factors to be established in order to decide the need to grant protection. The absence of a broad set of limits bestows a great deal of discretion on the authority and so opens the door to abuse of power. The Bill also fails to address the witness's obligations once the witness has been granted protection.
The Bill recognizes three stages in the process of law during which protection must be provided to the witness:
a) Investigation stage
b) Trial stage
c) Post-trial stage, if deemed necessary by the Court if the threat perception still persists
The Bill includes measures such as maintaining the witness's anonymity in criminal matters for the duration of the trial or permanently as requested by the witness, protecting the witness's residential address and redacting it from all official records, allowing cross-examination to be conducted via two way camera, and allowing the witness to be present in all trials via in-camera proceedings. If necessary, the witness may alter his or her identity or place of residence, either temporarily or permanently. The Bill does not address the possibility of a witness being threatened or harassed following a permanent change of identity or residence. According to the Bill, the witness will be given the option of working in a different occupation. If this is not possible, the appropriate government must commit to providing the witness with a stipend consistent with his or her quality of living. However, in a country like India with a severe job crunch, the feasibility of providing the witness with an alternate employment must be questioned. Furthermore, the financial practicality of presenting witnesses with allowances is questionable. In addition, the anatomy of intimidation and terrorisation in cases of sexual offences against women, among other offences, extends beyond mere physical threats. In such a circumstance, simply providing physical security in the form of round-the-clock constables is insufficient.
The Bill also provides for the constitution of the National Witness Protection Council ("NWPC") and State Witness Protection Council by the Central Government and State Governments respectively. The NWPC is responsible for, among other things, establishing policies and framework for the witness protection programme, protecting witness details, and evaluating the effectiveness of the witness protection programme in collaboration with other agencies.
In India, the position of a witness protection is currently unappealing. In 2015, the Witness Protection Bill was tabled in Parliament. According to the seventh schedule of the Indian Constitution, police and public order are State Subjects. The state governments and union territories have been unable to achieve a compromise on the Bill. Delhi is the country's first state to implement a Witness Protection Scheme. Though it is a step in the right direction, the Scheme requires a lot more work in terms of measures, staff, and funding.
 Atmaram & Ors. v. State of Madhya Pradesh, (2012) 3 MLJ (Crl) 117 (SC).
 Vashisht @ Manu Sharma v. State (NCT of Delhi) 2001 Cri.L.J. 2404
 8 2003 (4) SCC 601.
 Zahira Habibulla H. Sheikh and Ors vs State of Gujarat and Ors AIR 2004 SC 346
 Section 3 of the Witness Protection Bill, 2015
 Section 4 of the Witness Protection Bill, 2015
 Section 8 of the Witness Protection Bill, 2015
 Section 12 of the Witness Protection Bill, 2015
UNION BUDGET 2023 – POST OFFICE MONTHLY INTEREST SCHEME – AN ATTRACTIONCONCESSIONS AND BENEFITS EXTENDED BY POST OFFICEFinance Minister Nirmala today announced to increase the maximum deposit limit of read more
UNION BUDGET 2023 – POST OFFICE MONTHLY INTEREST SCHEME – AN ATTRACTION
CONCESSIONS AND BENEFITS EXTENDED BY POST OFFICE
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."
1. VISION FOR AMRIT KAL
· Opportunities for citizens with focus on the youth
· Growth and job creations
· Strong and stable macro-economic environment
2. SAPTARSHI-7 PRIORITIES
· Inclusive development
· Reaching the last mile
· Youth power
· Financial sector
· Green growth
· Unleashed the potential
· Infrastructure and investment
3. AGRICULTURE AND COOPERATIVES
· 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
5. EDUCATION AND SKILL DEVELOPMENT
· 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
6. MASS HOUSING AND ACCOMODATION PLANS
· 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
7. INFRASTRUCTURE AND INVESTMENT
· 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)
8. POTENTIAL TRUST BASED GOVERNANCE
· 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
9. GREEN GROWTH
· 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
10. FINANCIAL SECTOR
· 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
11. FISCAL MANAGEMENT
· 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
12. TAX BENEFITS FOR INDUSTRY
· 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.
We formed an organisation called the Indian Reunification Association ( IRA ) whose aim is to peacefully and voluntarily reunite India, Pakistan, and Bangladesh, as we believe they are really one country, read more
The central government has blocked youtube and video tweets showing the BBC commentary on the Gujarat riots.https://timesofindia.indiatimes.com/india/govt-blocks-youtube-videos-tweets-sharing-bbc-documentary-on-pm-modi-sources/articleshow/97199033.cmsIs read more
Builders and Developers – How to Recovery Advance paid to them INTRODUCTION:The concept of advance payment or deposit is part of a contractual relationship between a buyer and a seller read more
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.
LEGAL RIGHTS OF PROSPECTIVE BUYER
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.
LEGAL RIGHT OF BUYER TO CLAIM COMPENSATION
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.
MODES OF MISUSING THE ADVANCE AMOUNTS BY THE BUILDERS OR DEVELPERS
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.
LEGAL METHODS FOR RECOVERY OF ADVANCE PAID
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.
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.
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Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
Category and Documents/ Advice Restrictions
Certain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos).
SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list.
For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL.
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Listing prohibited content may result in the cancellation of your listings, or the suspension or removal of your transacting privileges. REGISTERED USERS are responsible for ensuring that the Documents/ Advices they offer are legal and authorised for Transaction or re-Transaction.
If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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