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Indirect Taxes/GST/VATPolice ActionIntellectual PropertyAdoni, India
Lok Adalat has no jurisdiction to decide a matter on meritsThe Lok Adalat is a dispute resolution procedure used as an alternative to the traditional court system. To put it another way, it is one method read more
Lok Adalat has no jurisdiction to decide a matter on merits
The
Lok Adalat is a dispute resolution procedure used as an alternative to the
traditional court system. To put it another way, it is one method of settling
disagreements. It is a venue for the peaceful resolution of disputes/cases
pending in a court of law or at the pre-trial stage. Lok Adalats have been
accorded legal recognition under the Legal Services Act passed in 1987. A judgment
made by Lok Adalats is considered a public court decision and is final and
enforceable by all parties. A Lok Adalat verdict cannot be challenged in a
court of law because of the Act's provisions.
The
Apex Court, in Estate Officer vs. Colonel HV Mankotia (Retired) in Civil
Appeal No. 6223 of 2021, delivered a clear and convincing judgement on
October 7, 2021, stating unequivocally that Lok Adalat has no authority to rule
on the merits if the parties are unable to achieve a compromise or agreement
between the parties. It should be noted that an Apex Court bench comprised of Justice
MR Shah and Justice AS Bopanna said that the Lok Adalat's jurisdiction
would be to determine and reach a compromise or settlement between the parties
to a dispute. Following an examination of the provisions of the Legal Services
Authorities Act, 1987, the Apex Court also observed that the Lok Adalat's
jurisdiction would be limited to determining and reaching a compromise or
settlement among parties to a dispute, and that if the aforesaid settlement /
compromise fails and no compromise or settlement can be reached between the
parties, the Lok Adalat must return the case to the Court from which the
reference has been received for disposal, i.e. the High Court.
The
original writ petitioner filed this appeal in light of his dissatisfaction with
the impugned order dated 30.11.2013 passed by the Madhya Pradesh High Court,
Indore Bench in Writ Petition No. 8074 of 2011, in which the Lok Adalat members
considered the merits of the writ petition and dismissed it on those grounds.
The
following is stated in para 2.1: "Following that, the appellant filed a
restoration appeal before the High Court, contending that the order made in the
Lok Adalat is beyond the Lok Adalat's authority and, thus, is not valid in the
eyes of the law." However, the High Court denied the application,
resulting in the current appeal.
The
Bench addresses the issue in para five, stating that: "The brief question
before this Court is whether, in the Lok Adalat convened by the High
Court, was it permissible for the Lok Adalat members to consider the
merits of the writ petition and to dismiss it on those grounds in the absence
of any settlement between the parties? The Bench states in para six that: In
determining the question mentioned above, the relevant sections of the Legal
Services Authorities Act, 1987, which would have had an impact on the Lok
Adalat's jurisdiction, must be resorted to, which are as follows: -
Following
Section 19, sub-section (5), a Lok Adalat has the authority to
determine and reach a compromise or settlement between the parties to a dispute
in respect of any case pending before it; or any matter falling within the jurisdiction
of, but not filed in any court for which the Lok Adalat is responsible;
Sub-section
(1) of Section 20 provides that, in any case referred to
in clause I of sub-section (5) of Section 19: I (a) the parties agree, or I (b)
one of the parties makes an application to the Court for referring the case to
the Lok Adalat for dispute settlement, and the Court is prima facie satisfied
that there is a possibility of settlement; or I (ii) the Court is satisfied
that the matter is appropriate for the Lok Adalat to take cognizance, the Lok
Ad
Furthermore,
the Act states that no matter shall be submitted to the Lok Adalat under
sub-paragraph (b) of clause I or clause II by such Court unless and until the
parties have been given a fair and timely chance to be heard.
According
to sub-section (3) of Section 20, when a case is referred to a
Lok Adalat according to sub-section (1) or when a referral is made under
sub-section (2), the Lok Adalat shall proceed to resolve the case or issue and
reach a compromise or settlement between the parties. Additionally, sub-section
(5) of Section 20 provides that if the Lok Adalat does not make an award because
no compromise or settlement could be reached between the parties, it shall
return the case record to the Court from which the reference was received under
sub-section (1) for disposition in accordance with the law.
According
to the provisions of the Act, the Lok Adalat's jurisdiction would be to
determine and reach an agreement on a compromise or settlement between the
parties to a dispute, and once the settlement above / compromise fails or if no
agreement on a compromise or settlement could be reached between the parties,
the Lok Adalat would be required to return the case to the Court from which the
reference had been received for disposal in accordance with the law.
Accordingly,
the Bench concluded in paragraph 9 that, "In light of the above, the
challenged decision rendered by the Lok Adalat rejecting the writ petition on
merits is unsustainable and needs to be overturned and set aside." According
to the experienced counsel appearing on behalf of the respondent, once the case
was referred to the Lok Adalat with permission, the Lok Adalat was justified in
disposing of the matter on merits. However, his contention is devoid of
substance and must be dismissed entirely by the Court. The agreement to bring
the case before the Lok Adalat was made to facilitate settlement and/or
compromise between the parties, rather than to bring the matter before the Lok
Adalat to adjudicate it on its merits. As indicated in Section 20's sub-section
(5), if the parties fail to reach a compromise and/or settlement before the Lok
Adalat, the case must be remanded to the Court from whence the matter was
referred to Lok Adalat for determination on the merits.
As
a result, the impugned judgement of the Lok Adalat, Madhya Pradesh High Court
dated 30.11.2013 in Writ Petition No.8074 of 2011 is quashed and set aside. The
matter has been remanded to the High Court, which will decide the merits of
Writ Petition No. 8074 of 2011 in accordance with the law. As a consequence,
the appeal before us is allowed. No costs order will be made based on the facts
and circumstances of the case. Any outstanding petitions must also be dealt
with.
Finally,
the inevitable conclusion from the above reasoning is that the Lok Adalat lacks
jurisdiction to hear the issue on its merits if the parties cannot negotiate a
compromise or settlement. This is precisely what the Apex Court Bench of
Justices MR Shah and AS Bopanna declared unequivocally, as previously discussed
in detail above.
*****
Early disposal of pending cases by the High Court – Time limit to dispose Civil CasesIn multiple cases across multiple courts, the constitution of India recognises the need and right to speedy justice, read more
Early disposal of pending cases by the High Court – Time limit to
dispose Civil Cases
In multiple cases across multiple courts,
the constitution of India recognises the need and right to speedy justice,
which can only be achieved by quick disposal of cases from the court. In the
past years, there has been an increase in the sudden need for speedy justice
due to the increasing number of pending cases at all levels of the judiciary,
starting at the lowest and going up to the Supreme Court. The Supreme Court has
recognised a matter of fundamental right as a speedy trial, but there is no
such redressal. By 2021 more than four crore cases were pending in the
Subordinate courts.[1] There is a state of helplessness
amongst the courts and the people due to the lack of a substantial number of
judges and the large pendency of courts. The concept of speedy trial roots in
the idea of a reasonably expeditious trial that follows all the essentials of a
trial but is faster than the usual course of litigation. In this
case, the judiciary would need centuries to clear its backlog. With the
tremendous backlog in pending cases, the legal and judicial systems have agreed
that the judicial system cannot cope until the number of judges is expanded by
two or three. It looks as though it has been decided that a legal system
capable of delivering timely justice is improbable.
Speedy
justice and judiciary
Lord James Bryce once said that “There is no
better test of excellence of a government than the efficiency of its judicial
system, for nothing more merely touches the welfare and security of average
citizen than his sense that he can rely on the certain and prompt
administration of justice”.[2] Faith in the judiciary as an
essential organ of the government stems from its cost-effective, accessible and
speedy administration of justice. Speedy justice should create a sense of
security among the citizens by assuring them that the one who does the wrong or
goes against the laws of the country will be punished, and all their just grievances
will be redressed so that they may not be tempted to resort to violent
self-help and take law in their own hands.
The courts and tribunals of the country, in
multiple cases, have established that it is essential as a matter of right of
its people that speedy justice is rendered to them. However, to put into the
context the utter practicalities of the functioning of the courts, the case is
subjective, and so is the idea of speedy justice. This idea or right of speedy
justice is primarily discussed in the context of Criminal cases, especially
when imprisonment or custody is involved. It is crucial and necessary to
maintain a reasonable balance between the considerations of speed and justice.
A speedy trial of cases favours both the prosecution and the accused. It
favours the prosecution as it does not face the problem of the disappearance of
witnesses, evidence, etc. And it is in favour of the accused because if he is
innocent, he will not suffer for a more extended period. There have
been cases in the past that have emphasised the need and importance of the
right to Speedy justice: -
1. In the case
of Vakil Prasad Singh v. State
of Bihar[3],
the court has emphasised the judicial protection of the right enshrined in the
constitution under Article 21 through speedy investigation and speedy justice.
They believed that it is essential for the right to life and personal liberty
to be protected, especially in the judicial sense and, as previously mentioned,
to put into context the criminal cases pending before the courts.
2. In the case
of Santosh De v. Archana Guha,[4] the
court observed that the case had been going on for 14 years, and hence, they
were quashed. Furthermore, there was an unexplained delay for eight years, and
the court held that it infringed the right to a speedy trial. This case well
explained the need for speedy justice in such cases where there is no
advancement in the proceedings for an extended period, and the accused/convict
has been suffering due to the lag in the proceedings in regards to their case,
which violates a person's fundamental right to life and personal liberty.
3. In the case
of Raghubir Singh v. State of
Bihar[5],
the court held that the infringement of the right to speedy trial could not be
inferred merely from delay in the police investigation. The court pointed out
that the delay was due to the nature of the case and the general situation
prevailing in the country. Through the way of this case, the court rightly
mentioned the need for more judges throughout the fraternity along with better
redressal mechanisms and alternate redressal forums for disputes of different
regards so that it can reduce the burden of the courts and increase their
efficacy of work along with the lessened pendency of the cases and better
quality of the judgement, since, the court will have more time to pay attention
to disputes grave in nature.
Assume an in-depth examination of the
evolution of swift justice. In that case, it highlights a highly pertinent
and unresolved issue of pendency and a sense of confusion among the courts
regarding the gravity of cases and which ones do and do not require a more
rapid functioning of the law, which is caused by the judiciary's overwork at
the subordinate levels. As a result, measures were enacted allowing a party to
petition the High Court for an order directing the early disposition of a
matter in the interest of expedited justice.
Procedure to move to HC for fast
disposition of a case
There have been multiple tries to lessen the
burden of the courts and the pendency of the trials, so there has been
increasing focus on the idea of speedy justice in recent times. Such emphasis
on this matter was done taking the help of the upper courts to help with the
problem of delayed justice.
In the case of Anil Rai v. State of Bihar,[6] the
Hon’ble Supreme Court laid down that if the judgment, for whatever reason, is
not pronounced within six months, any of the parties to the case shall be
allowed to bring an application before the Chief Justice of the High Court with
a motion to withdraw the said matter and to hand it over to any other Bench for
new arguments. It is up to the Chief Justice to grant the abovementioned
petition or give such a different ruling as he thinks proper under the
circumstances.
Sethi, J., has enumerated certain points as
remedial measures that have to be considered as instructions for courts to be
followed that are:
1. Appropriate
directions to the Registry may be issued by the Chief Justice of the High
Court; in cases where a judgement is reserved and subsequently pronounced, a
column be added to the judgement on the first page, after the cause-title,
where the date of reserving the judgement and the date of pronouncing be
separately mentioned by the court officer concerned.
2. The Chief
Justices of the High Courts should instruct the Court Officers/Readers of
various Benches in the High Courts to provide a list of cases in which the
reserved judgments have not been pronounced within that month.
3. The
concerned Chief Justice will bring the pending matter to the attention of the
concerned Bench if the judgement is not pronounced within two months after the
conclusion of the arguments. The Chief Justice may also determine that it is
necessary to circulate the statement of such cases in which judgments have not
been rendered within six weeks of the conclusion of the arguments among the
High Court Judges for their information. This type of communication is sent in
a sealed envelope with "confidential" written.
4. Where a
judgment is not pronounced within three months from the date of reserving
judgment, any of the parties in the case is permitted to file an application in
the High Court with prayer for early judgment. As and when filed, such
application shall be listed before the Bench concerned within two days,
excluding the intervening holidays.
Application
to be made to the HC
A person can file an early application
before the High Court, seeking to dispose of a certain case within a specific
time limit. The High Court can give directions to the subordinate to dispose of
the case quickly and can even prescribe directions to the subordinate to
conclude a case within a certain time limit.
After receiving such directions from the
High Court, the subordinate court considers such a case as a priority case and
will make sure that such a case is disposed off at the earliest, without
compromising the due care taken by the courts and following the requisite
procedures. However, an exemption to this clause exists if the matter has been
pending before the court for an extended period of time and has been stagnant
or if the case has made no definitive progress.
The stage of the case is also essential
because the application can only be moved after evidence has been gathered,
cross-examination has been completed, and the case has reached its final
argument stage. The Constitution of India under Article 227 empowers every High
Court should have authority over all courts and tribunals in the territories
over which it has jurisdiction.
Karnataka Case Flow
Management Rules
The said circular bears No. LAW 294 LAC 2005
dated 18.03.2006 issued by Law, Justice and Human Rights Secretariat,
Government of Karnataka, Bengaluru
SIMILAR RULES ARE
FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the
Case Flow Management system.
The Karnataka (Case Flow Management in
Subordinate Courts) Rules 2005, as it is called, was gazetted by the State
Government almost two years ago. Subsequently, the High Court framed the rules
applicable to all suits and civil proceedings before the subordinate civil
courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included
suits on maintenance, child custody, appointment of guardians and wards,
visiting rights, letters of administration, succession certificate, recovery of
rent and permanent injunction. All cases under this category will have to be
disposed of within nine months.
Disposal
in 12 months:
In
Track 2, cases on execution, divorce and ejectment will have to be disposed of
within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to
partition, declaration, specific performance, possession, mandatory injunction,
appeals, damages, easements, trade marks, copy rights, patents and intellectual
property rights.
Disposal
in 24 months:
Cases that are not in any of the three
categories are included in the fourth category and they too have to be disposed
of in 24 months. The presiding officer, however, has the right to dispose of
the case earlier.
The rules prescribe a mandatory time limit
for various court procedures such as issue of summons/notices. Proceedings
shall indicate a maximum of 30 days for filing statement or objection from the
date of service.
The procedures for IAs and interim orders
and reference to mediation, conciliation or Lok Adalat, appointment of
commissioners for recording of evidence, proceedings for perjury, adjournment
and even first appeals have also been spelt out.
Conclusion
To conclude, it is essential to mention that
inordinate delay has become a common feature of the Indian legal system. There
is a need to enact a new comprehensive law on the speedy trial of cases, and
laws should be suitably amended to achieve the object of speedy trial of
offences. There should be an awareness campaign for speedy trials of offences.
Delay in the dispensation of justice is not
good for any society. It leads to distress, damage, and resentment. It can
ultimately lead to anarchy and chaos. As a result, people take the law into
their hands and try to be vigilant. So justice in general and speedy justice,
in particular, is essential for the system to survive and run.
******
[1] https://prsindia.org/policy/vital-stats/pendency-and-vacancies-in-the-judiciary.
[2] https://thenationonlineng.net/imperative-of-an-independent-judiciary/.
[3] Criminal Appeal
No. 138 of 2009.
[4] 1994 SCR(1) 549,
1994 SCC(2) 420.
[5] 1987 AIR 149,
1986 SCR(3) 802.
[6] Appeal (crl.) 389
of 1998.
The world revolves around the motto of 'pay and work.' All big multinational companies or small businesses work on this. They hire people, pay them, and get the required work. This payment is a reward read more
The world revolves around the motto of 'pay and work.' All big multinational companies or small businesses work on this. They hire people, pay them, and get the required work. This payment is a reward for a worker, which depicts his hard work and perseverance. Money a person, earns manifests his struggle and endeavor.
The company pays a person throughout his working period. However, that person also receives some cash to bid farewell when he retires. That gesture of gratitude by the company could be either money, land, or any reward. This monetary benefit that a person gets is his legal right not only granted by the company but by the government also. Hence, he must get what he deserves. If he has to opt for the path of negotiations, then he mustn't be reluctant to do so.
A severance package is an individual's payment when he leaves the company or gets retirement. This financial benefit would help him live the rest of his life with ease. This accord that a person makes with his company is negotiable. A person must know that this package would provide him with a financial cushion and relieve his stress. Hence, he must know his legal rights and should never hesitate to procure them.
A severance package includes a whole sum of payment that a person gets when he leaves employment. The company gives him a pension plan and stock options. The company also gives him employment opportunities by helping him get a new job to earn his bread and butter.
A severance package is a complete package that guarantees individual financial security for the rest of his life. The package includes the following reliefs for the retiring or leaving employees:
A whole lump sum of money is given to an employee when he leaves the job
A person gets monthly income in the form of a pension.
Employee unused sick days or holiday pay is also given at the end.
He also receives insurance and medical facilities.
A stock option is given to him.
The company also carries the responsibility to seek a job for its leaving employees.
Only a few of the employees know that the severance package is negotiable. A person could do this negotiation with the company if he knows the valid route to carry out this discussion well. Following are some guidelines that will illustrate how a severance package should be negotiated authentically and legally:
A person should know what is included in his severance package. If he has inadequate information, he cannot forward his proposal and preferences. Initially, he must know the approximate pension after retirement, his share of stock, his unused holidays, etc. He must gather all his facts and figures and prepare a rough report on them.
A person should prepare in advance for well-led negotiations on a severance package. He must prepare a list of his future financial needs. Evaluate the severance policy of the company. He may take assistance from the former employees of the company. Furthermore, he must prepare a list of points that he thinks are negotiable with the company.
Labour lawyers take cases related to disputes between the employees and employers. They could lead the negotiation by working as a mediator among the parties. If the employee cannot understand the language of the severance accord or if the agreement is several pages long, he could hire a labor lawyer. The lawyer could help in understanding that accord from a legal perspective. He would ensure the application of laws related to a severance package. In this way, the person would get the required money that he deserves.
This point must be negotiated well with the company as he is unemployed and needs another job. Hence, according to unemployment insurance, the company will bear its expenses for around 26 weeks.
A severance package ensures financial security. As it is a legal right of the employee, he must get what he deserves. In the context of above mentioned guidelines, it is crystal clear that it is the right of the employee to negotiate on those points which are his right. Hence, he should strive to procure benefits to earn a good living.
When is a gig worker working? Is it only when they’re driving with people or goods in their car? What about time when they’re on their way to a pickup, especially if it’s in a different neighborhood or read more
When is a gig worker working? Is it only when they’re driving with
people or goods in their car? What about time when they’re on their way to a
pickup, especially if it’s in a different neighborhood or city? And what about
so-called ‘idle time,’ when a worker is available to accept a job?
The answer, if you look closely at
the state-level laws in place in California and Washington, is: all of them,
maybe… sometimes? The law has effectively equivocated by using different
definitions for ‘working time’ for different purposes, and in different states.
As a result, this has created a labyrinth of laws that gig workers need to
navigate to understand what they’re entitled to.
There are several other issues with these laws, such as
Washington’s preemption of local laws on gig workers, the poor state of
healthcare benefits, and California requiring a supermajority to amend its law.
But in this article, we’ll investigate some of these big discrepancies in the
way that ‘working time’ is defined across and within these laws.
A Brief
Breakdown of Work Time
Researchers have already documented the different components of
work time for active drivers (once they mark that they are “Online” on their
app). For example, in order for Seattle to set minimum pay standards for
rideshare companies in 2020, it commissioned an academic study of rideshare
drivers and their effective pay. We can glean a lot of interesting statistics
from it. As expected, nearly half of drivers’ time is spent in passenger time,
or time when the passenger is physically in their car. The other half of the
time is formed by dispatch time (when a driver has accepted a trip and is en
route to a pickup) and platform time (when a driver is available but in between
trips).
Lok Adalat has no jurisdiction to decide a matter on meritsThe Lok Adalat is a dispute resolution procedure used as an alternative to the traditional court system. To put it another way, it is one method read more
Lok Adalat has no jurisdiction to decide a matter on merits
The
Lok Adalat is a dispute resolution procedure used as an alternative to the
traditional court system. To put it another way, it is one method of settling
disagreements. It is a venue for the peaceful resolution of disputes/cases
pending in a court of law or at the pre-trial stage. Lok Adalats have been
accorded legal recognition under the Legal Services Act passed in 1987. A judgment
made by Lok Adalats is considered a public court decision and is final and
enforceable by all parties. A Lok Adalat verdict cannot be challenged in a
court of law because of the Act's provisions.
The
Apex Court, in Estate Officer vs Colonel HV Mankotia (Retired) in Civil
Appeal No. 6223 of 2021, delivered a clear and convincing judgement on
October 7, 2021, stating unequivocally that Lok Adalat has no authority to rule
on the merits if the parties are unable to achieve a compromise or agreement
between the parties. It should be noted that an Apex Court bench comprised of Justice
MR Shah and Justice AS Bopanna said that the Lok Adalat's jurisdiction
would be to determine and reach a compromise or settlement between the parties
to a dispute. Following an examination of the provisions of the Legal Services
Authorities Act, 1987, the Apex Court also observed that the Lok Adalat's
jurisdiction would be limited to determining and reaching a compromise or
settlement among parties to a dispute, and that if the aforesaid settlement /
compromise fails and no compromise or settlement can be reached between the
parties, the Lok Adalat must return the case to the Court from which the
reference has been received for disposal, i.e. the High Court.
The
original writ petitioner filed this appeal in light of his dissatisfaction with
the impugned order dated 30.11.2013 passed by the Madhya Pradesh High Court,
Indore Bench in Writ Petition No. 8074 of 2011, in which the Lok Adalat members
considered the merits of the writ petition and dismissed it on those grounds.
The
following is stated in para 2.1: "Following that, the appellant filed a
restoration appeal before the High Court, contending that the order made in the
Lok Adalat is beyond the Lok Adalat's authority and, thus, is not valid in the
eyes of the law." However, the High Court denied the application,
resulting in the current appeal.
The
Bench addresses the issue in para five, stating that: "The brief question
before this Court is whether, in the Lok Adalat convened by the High
Court, was it permissible for the Lok Adalat members to consider the
merits of the writ petition and to dismiss it on those grounds in the absence
of any settlement between the parties? The Bench states in para six that: In
determining the question mentioned above, the relevant sections of the Legal
Services Authorities Act, 1987, which would have had an impact on the Lok
Adalat's jurisdiction, must be resorted to, which are as follows: -
Following
Section 19, sub-section (5), a Lok Adalat has the authority to
determine and reach a compromise or settlement between the parties to a dispute
in respect of any case pending before it; or any matter falling within the jurisdiction
of, but not filed in any court for which the Lok Adalat is responsible;
Sub-section
(1) of Section 20 provides that, in any case referred to
in clause I of sub-section (5) of Section 19: I (a) the parties agree, or I (b)
one of the parties makes an application to the Court for referring the case to
the Lok Adalat for dispute settlement, and the Court is prima facie satisfied
that there is a possibility of settlement; or I (ii) the Court is satisfied
that the matter is appropriate for the Lok Adalat to take cognizance, the Lok
Ad
Furthermore,
the Act states that no matter shall be submitted to the Lok Adalat under
sub-paragraph (b) of clause I or clause II by such Court unless and until the
parties have been given a fair and timely chance to be heard.
According
to sub-section (3) of Section 20, when a case is referred to a
Lok Adalat according to sub-section (1) or when a referral is made under
sub-section (2), the Lok Adalat shall proceed to resolve the case or issue and
reach a compromise or settlement between the parties. Additionally, sub-section
(5) of Section 20 provides that if the Lok Adalat does not make an award because
no compromise or settlement could be reached between the parties, it shall
return the case record to the Court from which the reference was received under
sub-section (1) for disposition in accordance with the law.
According
to the provisions of the Act, the Lok Adalat's jurisdiction would be to
determine and reach an agreement on a compromise or settlement between the
parties to a dispute, and once the settlement above / compromise fails or if no
agreement on a compromise or settlement could be reached between the parties,
the Lok Adalat would be required to return the case to the Court from which the
reference had been received for disposal in accordance with the law.
Accordingly,
the Bench concluded in paragraph 9 that, "In light of the above, the
challenged decision rendered by the Lok Adalat rejecting the writ petition on
merits is unsustainable and needs to be overturned and set aside." According
to the experienced counsel appearing on behalf of the respondent, once the case
was referred to the Lok Adalat with permission, the Lok Adalat was justified in
disposing of the matter on merits. However, his contention is devoid of
substance and must be dismissed entirely by the Court. The agreement to bring
the case before the Lok Adalat was made to facilitate settlement and/or
compromise between the parties, rather than to bring the matter before the Lok
Adalat to adjudicate it on its merits. As indicated in Section 20's sub-section
(5), if the parties fail to reach a compromise and/or settlement before the Lok
Adalat, the case must be remanded to the Court from whence the matter was
referred to Lok Adalat for determination on the merits.
As
a result, the impugned judgement of the Lok Adalat, Madhya Pradesh High Court
dated 30.11.2013 in Writ Petition No.8074 of 2011 is quashed and set aside. The
matter has been remanded to the High Court, which will decide the merits of
Writ Petition No. 8074 of 2011 in accordance with the law. As a consequence,
the appeal before us is allowed. No costs order will be made based on the facts
and circumstances of the case. Any outstanding petitions must also be dealt with.
Finally,
the inevitable conclusion from the above reasoning is that the Lok Adalat lacks
jurisdiction to hear the issue on its merits if the parties cannot negotiate a
compromise or settlement. This is precisely what the Apex Court Bench of
Justices MR Shah and AS Bopanna declared unequivocally, as previously discussed
in detail above.
*****
When the owner of a vehicle allegedly implicated in cattle smuggling was acquitted by the trial court under Madhya Pradesh Prohibition of Cow Slaughter Act, 2004, the Supreme Court stated that confiscating read more
When the owner of a vehicle allegedly implicated in cattle smuggling was acquitted by the trial court under Madhya Pradesh Prohibition of Cow Slaughter Act, 2004, the Supreme Court stated that confiscating the vehicle would be arbitrary deprivation of property and it would infringe his right provided under Article 300A of the Constitution. The truck was allowed to be released by Supreme Court.
The counsel for the appellant Mr. Pulkit Tare, Adv. Submitted that the confiscation of the vehicle is unjustified because the allegation of slaughter is not proved and the criminal proceedings have culminated into acquittal. Further, Article 300-A of the Constitution of India provides that no person shall be deprived of his property save by authority of law. Therefore, for the State to deprive any person of their private property, it is necessary to establish, (a) that the said property was illegally obtained; (b) is part of the proceeds of crime; (c) the property has become a Government property under the process of law.
“In the present case, the appellant’s truck was confiscated on account of the criminal proceedings alone and therefore, under the applicable law, the vehicle cannot be withheld and then confiscated by the State, when the original proceedings have culminated into acquittal, ” the Apex court observed.
"In a case where the offender/accused is acquitted in the Criminal Prosecution, the District Magistrate should consider the judgement given in the Criminal Trial when deciding the confiscation proceeding," the bench of Justices KM Joseph and Hrishikesh Roy observed.
Abdul Vahab's appeal against the Madhya Pradesh High Court's decision was allowed by the Supreme Court.
Even after the accused individuals were acquitted from the criminal case, the High Court of Madhya Pradesh upheld the orders of the lower courts, holding that the District Magistrate did not make an error in ordering the truck's confiscation.
The Supreme Court stated that in cases when the offender/accused is acquitted in a criminal prosecution, the District Magistrate should consider the criminal trial result while resolving the confiscation process.
The truck owner filed a petition in the High Court of Madhya Pradesh under section 482 CrPC, in which the High Court asserted the orders of the forums below, while holding that the District Magistrate made no error in ordering the truck's confiscation, even after the accused persons in the criminal case were acquitted.
The appellant has challenged a confiscation order issued by the District Magistrate of Agar Malwa on 09.08.2017 for the appellant's truck, seeking to exercise powers under Section 11(5) of the MP Prohibition of Cow Slaughter Act, 2004 and Rule 5 of the M.P Govansh Vadh Pratishedh Rules, 2012. The Court of Additional Commissioner, Ujjain, upheld the confiscation order on 22.9.2018. In the Criminal Revision, the Additional Sessions Judge, Ujjain dismissed the Revision Petition contesting the confiscation judgement.
The appellant's truck, which was loaded with 17 calves, was stopped, and the driver, Surendra, and one other person, Nazir, who was sitting in the truck, were arrested. Following that, a case was filed at Police Station Kannad in the district of Agar Malwa for violations of Sections 4 and 9 of the 2004 Act, as well as Section 11 (d) of the Prevention of Cruelty to Animals Act, 1960 (for short, 'the 1960 Act'). The truck was seized, and the accused, including the truck owner, were charged with the offences.
The trial
determined, however, that the prosecution had failed to prove the primary
element of the accusation, that the calves were being transported "for the purpose of slaughter,"
and that no violation had been committed under the Act.
Significance of a Police Clearance Certificate (PCC) in a pending Accident CaseA Police Clearance Certificate (PCC) is an official document issued by the Indian Police or government authority in India. read more
Significance of a Police Clearance Certificate (PCC) in a pending
Accident Case
A
Police Clearance Certificate (PCC) is an official document issued by the Indian
Police or government authority in India. It acknowledges any criminal records
that an individual may have against their name and, if such records are clear,
it issues a clearance certificate, which may be required for Indian or foreign
citizens who are currently or have resided in India for the following reasons:
1.
Pursuing professional positions that need independence;
2.
Looking to relocate or obtain visas for other countries;
3.
Taking care of an organization's demand;
A
PCC from India does not have the time of legitimacy to back up its assertion.
For the most part, it is legal for six months.
Significance
of PCC
A
valid Police Clearance Certificate, whether for employment, study, or travel,
indicates that the individual has no criminal convictions throughout their time
or stay in the country. Assume the individual was involved in criminal activity
or were apprehended due to a law violation in any manner. In that instance,
specific notices from the concerned country will appear on their PCC, including
the infringement details. Therefore, possessing a Police Clearance Certificate
demonstrates their morality and prudence as guests or residents. Employers and
travel specialists may raise concerns if they cannot provide PCC, implying that
they are unlikely to be well-behaved citizens of the country.
Definition
of Petty case as per Karnataka Police Act
Petty
cases
“Petty
offence” means any offence punishable only with fine not exceeding
one thousand rupees, but does not include any offence so punishable
under the Motor Vehicles Act, 1931, or under any other law which provides for
convicting the accused person in his absence on a plea of guilty.
Many sections in the Motor Vehicle Act are
compoundable. It means if you commit a traffic violation, are booked for the
same, and if the offence is compoundable, you can pay fine and get the case
closed. Since you have paid fine, doesn’t seem it would affect you in anyway.
Alternative
Remedies to come out of pending Moto Vehicle Accident Cases:
Alternatively if offences are punishable under
sections of 278, 279 and 304A of Indian Penal Code, then the accused may
approach the Hon’ble High Court by filing quashing petition under section 482
of Criminal Procedure Code by convincing the complainant and thus such case may
be quashed getting clear acquittal for getting PCC.
Components
affecting PCC
1)
Having a substantial criminal record: If a person has been
punished or incarcerated, their PCC will reflect this. It is essential to
note that being held for more than a year may affect police checks.
Additionally, outstanding advances or service bills would make obtaining a PCC
more difficult.
2)
Association with a criminal organization: If a person is a member of an
association, club, or sorority and has a criminal past, this may impact
the credibility of their PCC. Any contribution to the gathering,
especially those involving criminal activity, may arouse suspicions.
3)
Record of unethical behaviour: A person's lengthy-time records demonstrate
their upstanding reputation as a resident. If the experts believe that
they are not decent or may threaten the country in any way, shape, or
form, they are authorized to reject a police leeway declaration.
Individuals seeking an Indian PCC can be divided into the following categories
according to their nationality and present residence:
a)
Indian citizens residing in India;
b)
Indian nationals residing outside of India;
c)
Nationals from other countries who have settled in India;
d)
Indian citizens residing in India.
For
Indian citizens living in India, the Indian government has modified the PCC
application process to a self-improved approach in which individuals may apply
for a PCC online through the Passport Seva Kendra (PSK).
Impact
of Traffic Violations on PCC
In
the case of Biju T.C. vs The Station House Officer[1],
the Kerala High Court ruled that police officers could not refuse to issue a
Police Clearance Certificate (PCC) to a citizen based on his involvement in a
criminal case and that the PCC must be given after considering the case's
nuances. Justice K Vinod Chandran issued the decision after reviewing an appeal
filed by T.C. Biju of Airport Nagar in Vappalassery, Ernakulam. Biju is a taxi
driver employed by Cochin International Airport Ltd (CIAL), and CIAL has
requested that he construct a PCC to continue working there.
As
a result, Biju documented a request before the Nedumbassery police headquarters
sub-monitor to get the PCC. Despite this, PCC was denied to him because he was involved
in a criminal case. Following this, Biju filed an appeal before the high court,
questioning the Police's denial of PCC and designating the sub-overseer and
Ernakulam country S.P. as inverse responsible for the situation.
In
contrast to the Police's argument that PCC cannot be granted to people involved
in criminal proceedings, the court ruled that if the applicant is engaged in
wrongdoing, authentication must be provided specifying the nature of the crime
the solicitor is involved in. The police authorities cannot refuse the
applicant's testimony.
Minor
traffic offences (such as speeding and running a stop sign or red light) are
often dealt with separately from more severe law violations. Minor tiny
criminal offences are punished less harshly, and the judicial procedures are
less formal. Furthermore, the municipal court, which hears minor traffic violations,
is separate from the criminal court in many jurisdictions.
PCC
in case of Pending Accident Case
In
the case of The State of Arunachal Pradesh vs Ramchandra Rabidas[2],
the Supreme Court ruled that a person who commits offences under the Motor Vehicles
Act, such as speeding and reckless driving, can also be charged under the
Indian Penal Code because both statutes operate independently. It went on to
say that, as India's mechanization accelerates, the number of street traffic
accidents and fatalities will rise. A panel of Justices Indu Malhotra and
Sanjiv Khanna overturned a December 22, 2008 judgement of the Gauhati High
Court holding that an individual was arrested for over-speeding, dangerous
driving, and other connected offences under the Motor Vehicles Act could not be
charged under the IPC. While, according to Section 6 of the Passports Act,
1967, an individual's identity application may be denied if they have a
criminal past or have proceedings pending. It is possible to ensure that they
are available for the preliminary duration. If they were involved in a criminal
investigation, but the accusations against them were dropped, they may be
required to submit an endorsement stating the same. It will also cover
circumstances when warrants have been issued in their name.
In any event, Commissioner of Police Dr K
Venkatesham warned in 2018 that traffic offenders in Pune would not receive a
police declaration (PCC), which is required to obtain a visa. PCC is also
required by many firms when employing new employees. Venkatesham stated that
they were compiling a list of traffic offenders and would forward their
information to the appropriate authorities, adding that such individuals would
not be given a PCC.
Conclusion
Road
accidents have been a significant source of concern in India; therefore, individuals
should double-check and follow traffic laws. A Police Clearance Certificate is essential
since it demonstrates that a person does not have a criminal record and also
assists an individual in establishing their innocence. However, the procedure
of obtaining a PCC certificate is complex, so it is always advisable to contact
a professional who can lawfully get such a certificate. In criminal cases,
where the hearing is ongoing in court, the Police will refrain from immediately
giving a PCC for obtaining a visa until the judgment has been given and the
accused has been acquitted.
*****
Digital Rupee – It’s UnderstandingCentral Bank Digital Currency (CBDC), as per the Reserve Bank of India (RBI), is a digital representation of legal tender money issued by a central bank. It is a digital read more
Digital Rupee – It’s Understanding
Central
Bank Digital Currency (CBDC), as per the Reserve Bank of India (RBI), is a
digital representation of legal tender money issued by a central bank. It is a
digital version of the Indian Rupee, fiat currency. Consequently, it may be
traded for fiat money on a one-for-one basis. Fiat money is a type of currency
that the government of a nation issues. Historically, it was distributed by
banknotes and coins. It is regarded as legal currency and may be used to purchase
and sell goods and services. Governments and financial organisations have transitioned
away from physical fiat money and toward a credit-based fiat paradigm in which
balances and transactions are recorded digitally.
According
to Union Finance Minister (FM) Nirmala Sitharaman, the Reserve Bank of India
(RBI) would establish a central bank digital currency (CBDC) around 2022-23.
This is the Union government's first official statement on the much-anticipated
digital money.[1]
According
to the FM, the development of CBDC would improve the digital economy and be
based on blockchain technology. Despite the central bank's opposition to
private virtual currencies, the Reserve Bank of India (RBI) has previously
declared that CBDC is on the cards.
Given
India's world-class digital payments infrastructure, the FM believes that the
introduction of CBDC will further strengthen India's position as a digital
economy.
The
current buzzword in the realm of digital assets is Central Bank Digital
Currency (CBDC). According to a BIS poll from 2021, 86 per cent of central
banks were exploring the possibilities of CBDCs, 60 per cent were experimenting
with the technology, and 14 per cent were conducting trial programmes.[2]
The
technology behind CBDC
CBDC,
being a digital representation of fiat money, may seem to be comparable to its
decentralised equivalent, Bitcoin. There is, however, a technical difference
between the two. While CBDCs and Bitcoin are built on distributed ledger
technology (DLT), the former is distinguished by permission identification. The
permissionless blockchain of Bitcoin enables any user to run the programme and
execute transactions, while CBDC's permissioned blockchain operates as follows:
•
In the case of a CBDC, the DLT includes several copies of financial records of
transactions, rather than a single central database;
• Each copy in this ledger is maintained and
held by a separate financial company, which in turn is supervised by the
country's Central Bank. These organisations collaborate on distributed DLT.
•
The central monetary authority maintains control over access to the blockchain
containing financial data, which may be viewed or changed by only a select few.
How
does the digital rupee work?
A
CBDC is a digital version of fiat currency that will make transactions more
convenient. CBDC was previously described in a paper by the RBI as a
"secure, resilient, and convenient alternative to physical currency."
According to the RBI, it can also take on the complicated shape of a financial
instrument, depending on numerous design decisions. The digital rupee will represent
real currency issued by the Reserve Bank of India and guaranteed by the
sovereign. By contrast, a government or central bank does not ensure
cryptocurrencies and may function as an asset class or a payment system.
How
is CDBC different from cryptocurrency?
CBDC
is a public cryptocurrency, not a private cryptocurrency. It is a digital type
of legal tender instead of private virtual currencies. Private virtual
currencies are opposed to the traditional understanding of money. Because they
have no intrinsic worth, they are not commodities or claims on commodities. In
contrast to Bitcoin, Ethereum, and other cryptocurrencies, the government will
support the digital rupee. Since the government backs the digital rupee, it
will have inherent worth. Possessing a physical rupee equivalent will be
comparable to holding a digital rupee.
Types
of CDBC:
1. Retail
CBCDs – Retail CDBC is the most common type of CBCD. Individuals, homes, and
businesses may all benefit from CBCDs.
2. Wholesale
CBCDs: Wholesale CBCDs are intended for financial firms to employ.
Significance
and benefits of CDBC
According
to the Reserve Bank of India (RBI), technological breakthroughs are rapidly
changing the payments environment, encouraging central banks throughout the
world to contemplate using technology to create fiat money in digital form. Central
banks throughout the globe are now examining the advantages of digital
currencies in terms of financial inclusion, economic development, technology,
innovation, and improved transaction efficiency. The Reserve Bank of India has
stated that a feasibility study on forming a government-backed digital currency
is conducted.
1-
Real-time money transfer: Without the need for intermediaries such as banks,
money transfers and payments may be made in real-time from the payer to the
payee.
2-
Easy currency tracking: When a country implements CBDC, its central bank will
trace the precise location of each unit of currency.
3-
Income Tax: Tax evasion and avoidance will be nearly impossible, as tactics
such as offshore banking and unreported employment will be unable to conceal
financial activity from the central bank.
4-
Combating Crime: Criminal acts such as terror funding, money laundering, and so
on may be readily identified and stopped.
5-
A modern alternative to physical cash: Central bank-issued digital currencies
would give a modern alternative to physical currency.
6-
Seigniorage revenue: The issuance of digital money would prevent governments
from losing seigniorage income if physical cash disappeared. The discrepancy
between the value of currency/money and the cost of production is called
seigniorage. It is the profit the government earns from money printing.
7-
Volatility: CBDCs will be tied to assets like gold, so they will not experience
the same level of volatility as cryptocurrencies.
Need
for CDBC
In
May 2020, China began testing the Digital Yuan (Digital Renminbi) (RMB). CBDC
research and pilot trials have begun in Canada, the United States, and
Singapore, among other places. In addition, with the introduction of new-age
financial goods, China and the US are vying for market dominance, and India may
become engaged in this digital proxy war.[3]
Furthermore,
in India, there is a significant disparity in the number of bank accounts and
mobile phone connections, which CBDC may be able to close.
1- The
Digital Rupee gives India the potential to build the Digital Rupee as a
superior currency for commerce with its strategic partners, eliminating India's
reliance on the dollar.
2- It would also assist India in combating
malpractices such as tax evasion, terror funding, money laundering, and other
financial crimes, as the central bank will monitor each unit of digital
currency.
3- The
CBDC will give the RBI more influence over monetary policy. Instead of
depending on commercial banks to make modifications when they see appropriate,
these consequences of monetary policy may be promptly reflected.
4- It
would also enable the RBI to track transactions and credit flows across the
Indian economy, eliminating scams and frauds in real-time and protecting
depositors' funds.
5- CBDC will also divert investors' attention
away from the existing high-risk crypto assets.
6- It
will also transform every significant technology firmly into a fintech firm,
eliminating the need for authorisation or a bank collaboration. It will give
financial support to those at the mercy of banks and provide incentives for
businesses.
7- It will also use programmable smart contracts
to make loans, insurance, stocks, and other financial products a natural
extension.
How
CBDC will work in Indian
The
notion of a central bank digital currency, or CBDC, has piqued attention
throughout the world, with most central banks actively studying and examining
CBDCs, which experts believe might be the currency of the future.
The
Reserve Bank of India (RBI) is in the process of developing a staged
implementation approach for a CBDC, with the pilot expected to begin by the end
of this year.
Mihir
Gandhi, partner and leader–payments transformation, PwC India, and Vivek
Belgavi, partner and leader, fintech, PwC India, have published a paper titled
'Central Bank Digital Currency in the Indian Context,'[4] in
which they analyse several CBDC concepts and use cases.
In
the Indian context, the financial advice company has outlined four significant
CBDC use cases.
1. Payments
that can be programmed- CBDC might be used to create 'fit-for-purpose' money
that can be used to pay for social benefits and other specific payments in a
country. In such circumstances, the central bank can pay pre-programmed CBDC to
the authorised recipients, which can only be used for a certain purpose. For
example, pre-programmed CBDC might be delivered as a direct benefit transfer
for LPG subsidies (DBT).
2. Cross
border remittance- CBDCs might be utilised for speedier cross-border remittance
payments, according to PwC India. Collaboration among the world's major
economies, including India, might aid in the development of the essential
infrastructure and arrangements for CBDC transmission and conversion.
3. Payments
in the retail sector- Payment instruments might be accessible for CBDC-based
payment transactions. Furthermore, a CBDC's universal access features might
include making payments offline. CBDC's underlying technology, along with the
currency's digital character, makes it superior to existing digital payments,
according to PwC India. Because of its irrefutable character can give
irrefutable proof of ownership when paired with ownership record transfers.
4. MSME
financing- With the aid of CBDC, instant financing to micro, small, and medium
companies (MSMEs) in India is available. Banks will create a more realistic
borrower risk profile as more MSMEs employ CBDC. This may be utilised to
address MSME finance needs quickly. Furthermore, the central bank may promptly
transfer stimulus to MSMEs, according to Gandhi and Belgavi in their article. Cyber-attacks
and threats, danger to monetary sovereignty, disintermediation of banks, the risk
to financial inclusion, and harm to privacy are all possible hazards, according
to PwC India.
Conclusion
The
Digital Rupee will assist RBI in attaining financial inclusion, transitioning
to a cashless society, and lowering the cost of producing and managing
currency, among other things. As a result, establishing a Digital Rupee is
required since it will empower citizens and enable them to build the digital
economy, effectively ending the present banking system.
*****
[1] Deposit
Insurance To Be Paid Within 90 Days Of Bank ....
https://www.bloombergquint.com/business/depositors-to-be-paid-within-90-days-of-bank-distress-says-sitharaman
[2] What
is CBDC and how will it work?.
https://timesofindia.indiatimes.com/business/cryptocurrency/blockchain/what-is-cbdc-and-how-will-it-work/articleshow/86585888.cms
[3] https://www.outlookindia.com/website/story/business-news-what-is-cbdc-why-does-rbi-see-it-as-a-future-currency/403375.
[4]
https://www.pwc.in/industries/financial-services/fintech/dp/central-bank-digital-currency-in-the-indian-context.html
Many nations throughout the globe commemorate World NGO Day on February 27th. In 2014, the United Nations observed World NGO Day for the first. However, the United Nations General Assembly has yet to read more
Many
nations throughout the globe commemorate World NGO Day on February 27th.
In 2014, the United Nations observed World NGO Day for the first. However, the
United Nations General Assembly has yet to recognize it as an international NGO
day, which is likely why World NGO Day has not achieved significant recognition
in India.
The
idea behind World NGO day is to ‘celebrate, commemorate, and collaborate’ with
all the NGO’s and the people behind them – that are doing not worthy work all
around the world. Though it has not yet been established as an international
NGO day, World NGO Day is already a worldwide project in its own right. World
NGO Day gives a chance for NGOs all around the world to share the world
expertise, highlight accomplishments, address shared concerns, and build
alliances.
Non – Governmental Organization
(NGO)
The
phrase ‘non – governmental organization’ was first used in 1945, in Article 71
of the United Nations Charter. Accounting to the United Nations, an NGO is any
type of private group that is not for profit and is independent of government
control.
The
day’s goal is to motivate individuals to get engaged with non – governmental
organizations (NGOs) in both the public and private sectors. It also strives to
educate people all across the world about NGOs and their influence.
This
day honors and remembers the founders, workers. Volunteers, members and
supporters of non – profit organizations. World NGO day is an international day
dedicated to recognizing, celebrating and honoring all non – governmental and
non – profit organizations, as well as the people who work behind the scenes to
benefit society all year. In 2014, the 27th of February became a
watershed moment for the global NGO community. This international calendar day,
currently known as ‘World NGO Day’, was established for the first time on a
global scale.
The
day also gives individuals a better understanding of what NGOs accomplish for
society on a local, national, and worldwide scale. A day for non – governmental
organizations (NGOs) all around the world to share their expertise and
experiences. A chance for education, allowing people all around the world to
better grasp what NGOs do for society on a local, national, and international
level. An worldwide emblem to represent the efforts and accomplishments of all
non – governmental organizations (NGOs) from all sectors. A chance to encourage
people to explore a career in the NGO/Non – profit sector. An chance for folks
to learn more about the people engaged with non – governmental organizations. An chance for non –
governmental organizations (NGOs) to address concerns affecting their work and
develop alliances that can solve a shared problem.
Officially suggested, acknowledged,
and declared in 2010. In 2014, the UN, EU Nordic Council leaders, and
international organizations commemorated the first time.
The
Baltic Sea NGO Forum in Vilnius, Lithuania, sponsored and recognized World NGO
Day on April 17th, 2010. Belarus, Denmark, Estonia, Finland,
Germany, Iceland, Latvia, Lithuania, Poland, Russia, Norway, and Sweden were
all members of the Baltic Sea NGO Forum. The Baltic Sea NGO Forum Committee
Acknowledged World NGO Day on April 23rd, 2012, at the Humboldt
University in Berlin, at the X Baltic Sea NGO Forum: Social Capital for a
sustainable Baltic Sea Region, under the German CBSS Presidency.
A
roundtable discussion at the UK Parliament’s Houses of commons and Lords raised
awareness of World NGO Day. On February 27th, 2014, the Ministry of
Foreign Affairs of Finland sponsored the first worldwide inaugural event of
World NGO Day in Helsinki, Finland. Leader from UNOPS, UNESCO, UNDP, the
European Union, The Nordic Council, and other international organizations were
among the foreign visitors.
EU Official – The European Union is a political and economic
comprised of 27 member countries predominantly situated in Europe. Since 2017,
the European External Action Service (the European Union’s Foreign and Defense
Ministry) has issued an international statement for World NGO Day. At World NGO
Day, the EEAS emphasizes the global emphasis and draws attention to critical
issues.
There
are numerous non – governmental organizations (NGOs) in every country, ranging
from large non – profit organizations, professional associations, federations,
and chambers of commerce to small local charities and grassroots organization
in every city or district representing wide range of interest, sectors and
activities.
NGOs
are recognized as critical third – sector actors in development, human rights,
humanitarian action, gender equality, the environment, and many other areas of
public engagement.
Role of NGOs
As
World NGO Day reminds us, non – governmental organizations (NGOs) have a
positive impact on promoting equality, facilitating development, and increasing
general quality of life. NGOs are often citizen – led organizations that
operate on a local, national, or worldwide scale. They provide a wide range of
services and activities, from humanitarian air and poverty reduction to
community development and environment protection. Membership fees, grants from
different institutions and governments, individual contributions and the
selling of goods and services are major sources of revenue for NGOs.
Types of NGOs
NGOs
are classified according to their mission, which can range from service –
oriented to altruistic, participative and empowering. In a big, growing country
like India, non – governmental organizations (NGOs) serve a variety of
functions, complementing the government’s efforts towards overall social
development. Their operations include a wide range of social and economic areas
and roughly include:
Ø Increasing access to education for the impoverished.
Ø Raising Knowledge about women’s rights.
Ø Combating gender discrimination and human rights
violations.
Ø Bringing the marginalized and disadvantaged elements
of society into the mainstream.
Ø Extending disaster aid during disasters.
Ø Rehabilitating persons displaced by natural disasters
or development initiatives.
Ø Improving the poor and needy’s economic well – being
and level of living.
Ø Disease prevention and control, as well as health
and nutrition promotion.
Ø Protecting and conserving the environment.
Challenges Indian NGOs face
Most
Indian non – governmental organizations (NGOs) are founded by a person or a
small group of people who want to make a difference in society. As these
companies develop in size and prestige, they face a slew of internal and
external difficulties. To begin with, the vast majority of non – governmental
organizations (NGOs) employ people who are deeply motivated but insufficiently
competent. This causes a variety of problems, ranging from a lack of correct
direction to weak organizational capacities and an inability to successfully
promote oneself.
Other
issues confronting NGOs in India include a shortage of money, restricted public
engagement, diminishing volunteering among the youth, and a lack of confidence
as a result of the misuse of donations by certain fraudulent NGOs.
Every year on February 24th, India celebrates Central Excise Day to urge excise department personnel to carry out the central excise duty in a better way in order to avoid corruption in the products producing read more
Every
year on February 24th, India celebrates Central Excise Day to urge
excise department personnel to carry out the central excise duty in a better
way in order to avoid corruption in the products producing company and to
follow other policies to provide the best possible excise services.
Throughout
the country, numerous seminars, workshops, educational and cultural activites,
awareness initiatives, contests, and award ceremonies are being held to commemorate
the anniversary. Aside from that, awareness initiatives are performed by the
relevant ministries and higher authorities.
Previously
known as the Central Board of Excise and Customs is now known as the Central
Board of Indirect Taxes and Customs. To administer customs legislation, the
customs and central excise/central GST department was founded. The department
is now part of the Ministry of Finance’s Department of Revenue, which is
responsible for policy formulation regarding the levy and collection of
customs, central excise duties, central goods and services tax, and IGST, as
well as the prevention of smuggling and administration of matters relating to
customs, central excise, central goods and services tax, IGST and Narcotics to
the extent that they fall under the purview of the CBIC.
The
board is the administrative authority for its subordinate institutions, which
include custom houses, the central excise and GST commissionerates, and the
Central Revenues Control Laboratory.
History of Central Excise Day
Every
year on Feb 24th, Central Excise Day is observed to honor the
Central Excise and Salt Act, which was passed on the same date in 1944. The
legislation was passed to unify and revise the law concerning Central duties
and salt. It was a mash – up of 11 acts pertaining to excise duty.
This
statute was later renamed The Central Excise Act, 194 in 1966. Schedules 1 and
2 of this legislation specify the values and rates of duty. According to the
original statute, excise charges were collected on 67 different products. The
68th item was likewise established in 1975 as ‘all other things not
else defined’, which essentially meant the ‘Terror Items’.
Later
that year, a new statute known as ‘The Central Excise Tariff Act (CETA) 1985’
was enacted. This was included into the previous Central Excise Act of 1944,
and following this revision, an altered Central Excise ct of 1944 was enacted.
Why Central Excise Day is
Celebrated
The
Government of India has designated February 24th as the day to
commemorate this historic occasion throughout the country. The occasion celebration
includes collecting tax on items and persons earning more than the maximum set
by the Central Excise Act in 1944. The tax payment rate was established in 1985
under Schedules 1 & II of the Central Excise Tariff Act.
According
to Central Excise legislation, the payable event is mostly over produced
commodities, which is controlled by the Central Board of Excise and Customs
(CBEC) through numerous field offices (meaning Central Excise Commissionerates)
around the nation. The Central Board of Excise and Custom is part of the
Department of Revenue, which is overseen by the Ministry of Finance of the
Government of India.
The
Central Board of Excise and Customs Department was formed to develop and
execute policies concerning the tax payable and its collection by citizens
throughout the country. Customs and Central Excise Taxes have been introduced
to discourage undesirable business practices such as smuggling and to effectively
handle all concerns linked to central excise, customs, and drugs in India. To
handle and administer all affairs in the country, India has been divided into
ten zones, each of which is led by the Chief Commissioner of Central Excise. In
each Zone, the Commissioner of Central Excise is heading around 61 Commissionerates.
The
Central Excise Department performs the following two sorts of processes in
order to put all of the Central Excise rules and collections into effect:
1.
Physical Control Process
To administer the Central Excise Duty for cigarettes solely, a physical control
procedure has been created. During this procedure, a review is performed under
the supervision of Central Excise inspectors for the purpose of approval.
2.
Self Removal Process
The Self – removal process has been adopted to manage the central excise duty
for all other commodities made in India. All legal duties on the items are self
– accessed by the makers throughout this phase in order to clear the goods.
Importance of Celebrating Central
Excise Day
Every
year on February 24th, India celebrates Central Excise Day to
promote equity among personnel of the Central Board of Excise and Customs
Department and to aid them in ensuring greater tax adherence. It is also
observed to commemorate the passage of the Central Excise and Salt Act on
February 24th, 1944.
Significance of Central Excise Day
The
Central Excise Day is very important in boosting public awareness of the role
of Excise Duty officials to the nation’s success. The Central board of Indirect
Taxes and Customs authorities’ work in fighting corruption in the commodities
manufacturing industry is commendable. It has made a significant contribution
to the nation’s structure.
It
collects duties on industrial items; the money raised by levying duties is
utilized for public welfare and to finance different educational and welfare
activities. It is a key to source of our country’s financial development. Our
country’s financial revenue has more than quadrupled in a few years due to the
excise department’s improved service delivery standards. The department
contributes significantly to the improvement of the Indian economy by
eradicating poverty and illiteracy.
Duties of Central Excise Department
Excise
is a tax that is levied on items made in the country. Excise taxes are
collected by the Central Excise Departments of India on all items made in the
nation, including tobacco, but excluding alcohol and opium. The state Excise
Department is in charge of collecting the tax on alcoholic beverages and opium.
The
Schedule to the Central Excise Tariff Act, 1985 (Act 5 of 1986), which went
into effect on February 28th, 1986, lists the commodities subject to
Central Excise levies. Previously, excisable items were included in the First
Schedule to the Central Excises and Salt Act of 1944. The Present Tariff is a
comprehensive law that covers every product made or produced in the nation.
Central excise duty is an indirect tax, which means that every individual,
affluent or poor, is required to pay tax indirectly on the purchase of items
that have already been taxed. This tax is levied under the authority of Entry
84 of Union List of the Seventh Schedule, as read with Article 226 of the
Indian Constitution.
Types of Central Excise Duty
1.
Basic Central
Excise Duty
2.
Additional
Duties and Cesses
3.
Special Central
Excise Duty
4.
Road and
Infrastructure Cess
All
departments of the central excise are in charge of excise responsibilities such
as preventing tax evasion, safeguarding the country from smuggling activities,
and collecting revenues to financially support the country in order to carry
out the socioeconomic development of the country.
Central Excise Tariff Act, 1985
The
Central Excise Tariffs were totally revamped in December 1985, and subsequent
amendments were also made to the Central Excise Act. These modifications have
the effect of re – modeling the Central Excise Tariff on a more precise pattern
known as the ‘Harmonized System’, which gives distinct and independent headings
for each and every category of commodity. All of the goods included in the new
Central Excise Tariff now have the same headings as those in the Customs
Tariff. The Government of India has introduced new items in the sub – headings
to cover all current sorts of products in particular entries, thereby replacing
item 68 altogether. The new Central Excise Tariff includes interpretive
comments for each chapter outlining how items should be categorized, as well as
board interpretative guidelines similar to the customs tariff.
Registration to the Excise
Department
People
who are already engaged, getting engaged or going to be engaged in the
activities like producing or manufacturing the excisable items in the nation
must register with the excise department. Manufacturers, curers, producers,
brokers or commission agents, owners of showrooms or warehouses, dealers or
importers, and others are among those who must be registered.
To
register, individuals must submit an application to the Range Superintendent
and complete the R – 1 form. People who manufacture excisable items in the
country as specified in the Central Excise Tariff Act of 1985 must do the
following:
·
They should be
able to move items they produce.
·
Their items
should be marketable and manufactured through the production process.
·
The commodities
they produce must be declared under the Central Excise Tariff Act of 1985.
Nagpur, India
Mumbai, India
Thane, India
Kolkata, India
DAYS
HOURS
MINUTES
SECONDS
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S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
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S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
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S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
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S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
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S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
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"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
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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
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Category and Documents/ Advice RestrictionsCertain 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.
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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.
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Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
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Time-sensitive information
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Information which infringes any patent, trademark, copyright or other proprietary rights.
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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.
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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.
Misuse
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.
Reviews: Reviews
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 –
positive
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
remove reviews.
Prohibited Content
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.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
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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