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I. The Supreme Court of India passed a judgment in Dipak Kumar Mukherjee vs Kolkata Municipal Corporation & Ors on 8 October, 2012 in Civil Appeal No. 7356 of read more
I. The Supreme Court of India passed a judgment in Dipak Kumar Mukherjee vs Kolkata Municipal Corporation & Ors on 8 October, 2012 in Civil Appeal No. 7356 of 2012 [ (2013) 5 SCC 336) ] in paragraph No. 2 held :-
" 2. In last four decades, the menace of illegal and unauthorised constructions of buildings and other structures in different parts of the country has acquired monstrous proportion. This Court has repeatedly emphasized the importance of planned development of the cities and either approved the orders passed by the High Court or itself gave directions for demolition of illegal constructions - (1) K. Ramadas Shenoy v. Chief Officers, Town Municipal Council (1974) 2 SCC 506; (2) Virender Gaur v. State of Haryana (1995) 2 SCC 577; (3) Pleasant Stay Hotel v. Palani Hills Conservation Council (1995) 6 SCC 127; (4) Cantonment Board, Jabalpur v. S.N. Awasthi 1995 Supp.(4) SCC 595; (5) Pratibha Coop. Housing Society Ltd. v. State of Maharashtra (1991) 3 SCC 341; (6) G.N. Khajuria (Dr) v. Delhi Development Authority (1995) 5 SCC 762; (7) Manju Bhatia v. New Delhi Municipal Council (1997) 6 SCC 370; (8) M.I. Builders Pvt. Ltd. v. Radhey Shyam Sahu (1999) 6 SCC 464; (9) Friends Colony Development Committee v. State of Orissa (2004) 8 SCC 733; (10) Shanti Sports Club v. Union of India (2009) 15 SCC 705 and (11) Priyanka Estates International Pvt. Ltd. v. State of Assam (2010) 2 SCC 27."
II. The Supreme Court of India passed a judgment in Dipak Kumar Mukherjee vs Kolkata Municipal Corporation & Ors on 8 October, 2012 in Civil Appeal No. 7356 of 2012 [ (2013) 5 SCC 336) ] in paragraph No. 3 held :-
"3. In K. Ramadas Shenoy v. Chief Officers, Town Municipal Council (supra), the resolution passed by the Municipal Committee authorising construction of a cinema theatre was challenged on the ground that the site was earmarked for the construction of Kalyan Mantap-cum-Lecture Hall and the same could not have been used for any other purpose. The High Court held that the cinema theatre could not be constructed at the disputed site but declined to quash the resolution of the Municipal Committee on the ground that the theatre owner had spent huge amount. While setting aside the High Court’s order, this Court observed:
“An illegal construction of a cinema building materially affects the right to or enjoyment of the property by persons residing in the residential area. The Municipal Authorities owe a duty and obligation under the statute to see that the residential area is not spoilt by unauthorized construction. The Scheme is for the benefit of the residents of the locality. The Municipality acts in aid of the Scheme. The rights of the residents in the area are invaded by an illegal construction of a cinema building. It has to be remembered that a scheme in a residential area means planned orderliness in accordance with the requirements of the residents. If the scheme is nullified by arbitrary acts in excess and derogation of the powers of the Municipality the courts will quash orders passed by Municipalities in such cases.
The Court enforces the performance of statutory duty by public bodies as obligation to rate payers who have a legal right to demand compliance by a local authority with its duty to observe statutory rights alone. The Scheme here is for the benefit of the public. There is special interest in the performance of the duty. All the residents in the area have their personal interest in the performance of the duty. The special and substantial interest of the residents in the area is injured by the illegal construction.”
III. The Supreme Court of India passed a judgment in Dipak Kumar Mukherjee vs Kolkata Municipal Corporation &Ors on 8 October, 2012 in Civil Appeal No. 7356 of 2012 [ (2013) 5 SCC 336) ] in paragraph No. 4 held :-
"4. In Pratibha Coop. Housing Society Ltd. v. State of Maharashtra (supra), this Court approved the order passed by the Bombay Municipal Corporation for demolition of the illegally constructed floors of the building and observed:
“Before parting with the case we would like to observe that this case should be a pointer to all the builders that making of unauthorized constructions never pays and is against the interest of the society at large. The rules, regulations and bye- laws are made by the Corporations or development authorities taking in view the larger public interest of the society and it is the bounden duty of the citizens to obey and follow such rules which are made for their own benefits.”
IV. The Supreme Court of India passed a judgment in Dipak Kumar Mukherjee vs Kolkata Municipal Corporation & Ors on 8 October, 2012 in Civil Appeal No. 7356 of 2012 [ (2013) 5 SCC 336) ] in paragraph No. 5 held :-
"5. In Friends Colony Development Committee v. State of Orissa (supra), this Court noted that large number of illegal and unauthorised constructions were being raised in the city of Cuttack and made the following significant observations:
“………Builders violate with impunity the sanctioned building plans and indulge in deviations much to the prejudice of the planned development of the city and at the peril of the occupants of the premises constructed or of the inhabitants of the city at large. Serious threat is posed to ecology and environment and, at the same time, the infrastructure consisting of water supply, sewerage and traffic movement facilities suffers unbearable burden and is often thrown out of gear. Unwary purchasers in search of roof over their heads and purchasing flats/apartments from builders, find themselves having fallen prey and become victims to the designs of unscrupulous builders. The builder conveniently walks away having pocketed the money leaving behind the unfortunate occupants to face the music in the event of unauthorized constructions being detected or exposed and threatened with demolition. Though the local authorities have the staff consisting of engineers and inspectors whose duty is to keep a watch on building activities and to promptly stop the illegal constructions or deviations coming up, they often fail in discharging their duty. Either they don't act or do not act promptly or do connive at such activities apparently for illegitimate considerations. If such activities are to stop some stringent actions are required to be taken by ruthlessly demolishing the illegal constructions and non-compoundable deviations. The unwary purchasers who shall be the sufferers must be adequately compensated by the builder. The arms of the law must stretch to catch hold of such unscrupulous builders………….
In all developed and developing countries there is emphasis on planned development of cities which is sought to be achieved by zoning, planning and regulating building construction activity. Such planning, though highly complex, is a matter based on scientific research, study and experience leading to rationalization of laws by way of legislative enactments and rules and regulations framed there under. Zoning and planning do result in hardship to individual property owners as their freedom to use their property in the way they like, is subjected to regulation and control. The private owners are to some extent prevented from making the most profitable use of their property. But for this reason alone the controlling regulations cannot be termed as arbitrary or unreasonable. The private interest stands subordinated to the public good. It can be stated in a way that power to plan development of city and to regulate the building activity therein flows from the police power of the State. The exercise of such governmental power is justified on account of it being reasonably necessary for the public health, safety, morals or general welfare and ecological considerations; though an unnecessary or unreasonable intermeddling with the private ownership of the property may not be justified.
The municipal laws regulating the building construction activity may provide for regulations as to floor area, the number of floors, the extent of height rise and the nature of use to which a built-up property may be subjected in any particular area. The individuals as property owners have to pay some price for securing peace, good order, dignity, protection and comfort and safety of the community. Not only filth, stench and unhealthy places have to be eliminated, but the layout helps in achieving family values, youth values, seclusion and clean air to make the locality a better place to live. Building regulations also help in reduction or elimination of fire hazards, the avoidance of traffic dangers and the lessening of prevention of traffic congestion in the streets and roads. Zoning and building regulations are also legitimized from the point of view of the control of community development, the prevention of overcrowding of land, the furnishing of recreational facilities like parks and playgrounds and the availability of adequate water, sewerage and other governmental or utility services.
Structural and lot area regulations authorize the municipal authorities to regulate and restrict the height, number of storey and other structures; the percentage of a plot that may be occupied; the size of yards, courts and open spaces; the density of population; and the location and use of buildings and structures. All these have in our view and do achieve the larger purpose of the public health, safety or general welfare. So are front setback provisions, average alignments and structural alterations. Any violation of zoning and regulation laws takes the toll in terms of public welfare and convenience being sacrificed apart from the risk, inconvenience and hardship which is posed to the occupants of the building.” (emphasis supplied)"
V. The Supreme Court of India passed a judgment in Dipak Kumar Mukherjee vs Kolkata Municipal Corporation & Ors on 8 October, 2012 in Civil Appeal No. 7356 of 2012 [ (2013) 5 SCC 336) ] in paragraph No. 6 held :-
" 6. In Shanti Sports Club v. Union of India (supra), this Court approved the order of the Delhi High Court which had declared the construction of sports complex by the appellant on the land acquired for planned development of Delhi to be illegal and observed:
“In the last four decades, almost all cities, big or small, have seen unplanned growth. In the 21st century, the menace of illegal and unauthorised constructions and encroachments has acquired monstrous proportions and everyone has been paying heavy price for the same. Economically affluent people and those having support of the political and executive apparatus of the State have constructed buildings, commercial complexes, multiplexes, malls, etc. in blatant violation of the municipal and town planning laws, master plans, zonal development plans and even the sanctioned building plans. In most of the cases of illegal or unauthorised constructions, the officers of the municipal and other regulatory bodies turn blind eye either due to the influence of higher functionaries of the State or other extraneous reasons. Those who construct buildings in violation of the relevant statutory provisions, master plan, etc. and those who directly or indirectly abet such violations are totally unmindful of the grave consequences of their actions and/or omissions on the present as well as future generations of the country which will be forced to live in unplanned cities and urban areas. The people belonging to this class do not realise that the constructions made in violation of the relevant laws, master plan or zonal development plan or sanctioned building plan or the building is used for a purpose other than the one specified in the relevant statute or the master plan, etc., such constructions put unbearable burden on the public facilities/amenities like water, electricity, sewerage, etc. apart from creating chaos on the roads. The pollution caused due to traffic congestion affects the health of the road users. The pedestrians and people belonging to weaker sections of the society, who cannot afford the luxury of air-conditioned cars, are the worst victims of pollution. They suffer from skin diseases of different types, asthma, allergies and even more dreaded diseases like cancer. It can only be a matter of imagination how much the Government has to spend on the treatment of such persons and also for controlling pollution and adverse impact on the environment due to traffic congestion on the roads and chaotic conditions created due to illegal and unauthorized constructions. This Court has, from time to time, taken cognizance of buildings constructed in violation of municipal and other laws and emphasized that no compromise should be made with the town planning scheme and no relief should be given to the violator of the town planning scheme, etc. on the ground that he has spent substantial amount on construction of the buildings, etc. Unfortunately, despite repeated judgments by this Court and the High Courts, the builders and other affluent people engaged in the construction activities, who have, over the years shown scant respect for regulatory mechanism envisaged in the municipal and other similar laws, as also the master plans, zonal development plans, sanctioned plans, etc., have received encouragement and support from the State apparatus. As and when the Courts have passed orders or the officers of local and other bodies have taken action for ensuring rigorous compliance with laws relating to planned development of the cities and urban areas and issued directions for demolition of the illegal/unauthorized constructions, those in power have come forward to protect the wrongdoers either by issuing administrative orders or enacting laws for regularization of illegal and unauthorized constructions in the name of compassion and hardship. Such actions have done irreparable harm to the concept of planned development of the cities and urban areas. It is high time that the executive and political apparatus of the State take serious view of the menace of illegal and unauthorized constructions and stop their support to the lobbies of affluent class of builders and others, else even the rural areas of the country will soon witness similar chaotic conditions.”"
VI. The Supreme Court of India passed a judgment in Dipak Kumar Mukherjee vs Kolkata Municipal Corporation & Ors on 8 October, 2012 in Civil Appeal No. 7356 of 2012 [ (2013) 5 SCC 336) ] in paragraph No. 7 held :-
"7. In Priyanka Estates International Pvt. Ltd. v. State of Assam (supra), this Court refused to order regularisation of the illegal construction raised by the appellant and observed:
“It is a matter of common knowledge that illegal and unauthorized constructions beyond the sanctioned plans are on rise, may be due to paucity of land in big cities. Such activities are required to be dealt with by firm hands otherwise builders/colonizers would continue to build or construct beyond the sanctioned and approved plans and would still go scot-free. Ultimately, it is the flat owners who fall prey to such activities as the ultimate desire of a common man is to have a shelter of his own. Such unlawful constructions are definitely against the public interest and hazardous to the safety of occupiers and residents of multistoried buildings. To some extent both parties can be said to be equally responsible for this. Still the greater loss would be of those flat owners whose flats are to be demolished as compared to the builder.”"
VII. The Supreme Court of India passed a judgment in Dipak Kumar Mukherjee vs Kolkata Municipal Corporation & Ors on 8 October, 2012 in Civil Appeal No. 7356 of 2012 [ (2013) 5 SCC 336) ] in paragraph No. 8 held :-
"8. What needs to be emphasised is that illegal and unauthorised constructions of buildings and other structure not only violate the municipal laws and the concept of planned development of the particular area but also affect various fundamental and constitutional rights of other persons. The common man feels cheated when he finds that those making illegal and unauthorised constructions are supported by the people entrusted with the duty of preparing and executing master plan/development plan/zonal plan. The reports of demolition of hutments and jhuggi jhopris belonging to poor and disadvantaged section of the society frequently appear in the print media but one seldom gets to read about demolition of illegally/unauthorised constructed multi-storied structure raised by economically affluent people. The failure of the State apparatus to take prompt action to demolish such illegal constructions has convinced the citizens that planning laws are enforced only against poor and all compromises are made by the State machinery when it is required to deal with those who have money power or unholy nexus with the power corridors."
CHHATTISGARH HIGH COURT: Justice Sanjay K Agrawal, allowed the petition and granted compensation for infringement of right to a speedy trial under Article 21 of the Constitution of India. BACKGROUNDThe read more
CHHATTISGARH HIGH COURT: Justice Sanjay K Agrawal, allowed the petition and granted compensation for infringement of right to a speedy trial under Article 21 of the Constitution of India.
The facts of the case are such that the petitioner herein has filed the instant writ petition stating inter alia that he remained in jail for commission of offence under Sections 420/34 and 120B of Penal Code, 1860 i.e. IPC from 14.5.2012 till the date of delivery of judgment i.e. 08.11.2016 i.e. 4 years, 6 months and 7 days, whereas he has been awarded sentence only for three years for offence under Section 420/34 of the IPC and three years for offence under Section 120B of the IPC and sentences have been directed to run concurrently, as such, it is a clear case where his constitutional right of speedy trial enshrined in Article 21 of the Constitution of India has admittedly been violated and for which he is entitled to appropriate compensation jointly and severally from the respondents.
Counsel for the petitioner Ms Reena Singh submitted that that “right to speedy trial” is his fundamental right and on account of non-conclusion of trial within a reasonable time, the petitioner remained in jail for a period more than he has been sentenced now at the conclusion of trial, which is violative of his fundamental right as guaranteed under Article 21 of the Constitution of India and for which, he is entitled for compensation of ₹ 30 lacks for his said illegal detention for about 1 year, 6 months and 8 days jointly and severally from the respondents.
Counsel for the respondents Mr Jitendra Pali submitted that detention of the petitioner was judicial custody in accordance with law and the procedure established by law, as such, the same cannot be termed as illegal detention and the petitioner. It was further submitted that the petitioner is not entitled for any compensation as his fundamental right of speedy trial has not been violated and he remained in judicial custody till the date of judgment for commission of offence which have been found proved by the trial Court.
Mr Prasoon Agrawal (Amicus Curiae) relied on judgment P. Ramchandra Rao v. State of Karnataka, (2002) 4 SCC 578 submitted that “right to speedy trial” is a fundamental right of an accused under Article 21 of the Constitution of India.
1. The court relied on “Common Cause” v. Union of India, (1996) 4 SCC 33 and observed that it has clearly been established that the right to speedy trial in criminal case is valuable and important right of the accused therein and its violation would result in denial of justice and that would result in grave miscarriage of justice.
2. The Court relied on judgment Nilabati Behera v. State of Orissa, (1993) 2 SCC 746 and wherein it was held ” Award of compensation in a proceeding under Article 32 by the Supreme Court or by the High Court under Article 226 is a remedy available in public law, based on strict liability for contravention of fundamental rights to which the principle of sovereign immunity does not apply, even though it may be available as a defence in private law in an action based on tort. A claim in public law for compensation for contravention of human rights and fundamental freedoms, the protection of which is guaranteed in the Constitution, is an acknowledged remedy for enforcement and protection, of such rights, and such a claim based on strict liability made by resorting to a constitutional remedy provided for the enforcement of a fundamental right is distinct from, and in addition to, the remedy in private law for damages for the tort resulting from the contravention of the fundamental right.”
The Court thus observed that this Court in the exercise of jurisdiction under Article 226 of the Constitution of India under public law, can consider and grant compensation to the victim(s) who has suffered an infringement of fundamental right i.e. right to life and personal liberty guaranteed under Article 21 of the Constitution of India.
3. Right to life is a fundamental right guaranteed under Article 21 of the Constitution of India and for its breach or violation, the petitioner is entitled to monetary compensation from the respondents who are responsible for its breach.
4. The Court relied on judgment Vijay Kumar Gupta v. State, 2008 SCC OnLine Pat 568 has held that detention of a prisoner in custody in excess of the period that he has been sentenced infringes upon his fundamental right to life and liberty and as such, he is entitled for monetary compensation and further held that both the prosecuting authority and Court remained oblivious of his continuous detention for more than a period, the sentence for any of the offence would have carried.
The Court observed that following the principles of law and reverting to the facts of the present case, it is quite vivid that the petitioner remained in jail as undertrial for a period of 4 years, 6 months and 7 days, whereas he has been awarded punishment of 3 years for offences under Section 420/34 and Section 120B of the IPC (separately) and both sentences to run concurrently, as such, he remained in jail in excess (one year and six months) for more than the sentence awarded by concerned trial Magistrate, on account of delay in conducting the trial, despite twice this Court while hearing bail applications on 22.4.2013 and 24.6.2014 directed the trial Magistrate to conclude the trial expeditiously, which was not taken cognizance of by the learned trial Magistrate by which the petitioner continued in jail for a period more than the actual sentence awarded violating the petitioner’s right to speedy trial guaranteed under Article 21 of the Constitution of India and for which he is entitled for monetary compensation.
The Court held “the petitioner will be entitled for ₹10,400×18=1,87,200/along with 6% interest from today till the date of payment jointly and severally which respondents No.2 and 4 will deposit within a period of 30 days from today.”
[Nitin Aryan v. State of Chhattisgarh, Writ Petition (Cr.) No.629 of 2020, decided on 07-06-2021]
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If you’re running a food-related business in India, an FSSAI license is not just a legal formality—it’s a necessity. Whether you’re a restaurant owner, food manufacturer, distributor, or even a small read more
If you’re running a food-related business in India, an FSSAI license is not just a legal formality—it’s a necessity. Whether you’re a restaurant owner, food manufacturer, distributor, or even a small home-based seller, this certification ensures that your food products meet the required safety and quality standards. Without an FSSAI license, operating in the food industry can lead to hefty fines, legal issues, and even business shutdowns.
For businesses involved in food manufacturing, processing, storage, distribution, and sale, an FSSAI license is mandatory. This includes large food production companies, small and medium enterprises (SMEs), cloud kitchens, and even packaged food brands. Importers and exporters dealing with food products must also obtain this certification to legally conduct their operations. If you own a restaurant, café, or food truck, having an FSSAI license assures your customers that the food you serve meets safety regulations, making it easier to gain their trust and expand your business.
The rise of online food delivery platforms has made FSSAI licensing even more critical. Aggregators like Swiggy and Zomato require all listed restaurants and food vendors to have a valid FSSAI registration. Similarly, e-commerce businesses selling packaged food, homemade snacks, or organic products online must also comply with FSSAI regulations. If you’re a home-based baker or running a small food business from your kitchen, don’t assume that FSSAI certification is only for large enterprises—it’s essential for you too! A Basic FSSAI registration is available for small businesses with an annual turnover of up to ₹12 lakh, making it easier to comply with food safety standards.
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Getting an FSSAI license is not just about avoiding penalties; it’s about establishing credibility. Consumers today are more conscious about food quality, and an FSSAI-certified business automatically gains their trust. Whether you’re a startup, a well-established food brand, or a home chef trying to scale your business, obtaining an FSSAI license ensures that you operate legally while building a strong reputation in the market.
Who is more powerful? HC Judge vs IAS (Comparison of powers)IntroductionAn IAS (Indian Administrative Services) officer is an officer which comes under the executive ambit under the administration, whereas read more
Who is more powerful? HC Judge vs IAS
(Comparison of powers)
Introduction
An IAS (Indian Administrative Services) officer is an officer
which comes under the executive ambit under the administration, whereas a High
Court judge is an officer of Judiciary. Both IAS and HC judge have different scope
of work and different powers are confined to them.
Comparative Analysis
In terms of area of work,
both judges and administrative officers have different things to deal with. The
work of an IAS is very broad and different administrative departments are
administered by IAS officer, whereas the work of a judge is to implement law
and provide justice. Speaking about the powers a Judge even has the power to
summon the IAS officer in the court of law and even in terms of precedence a
judge comes above an IAS officer as for example Chief Justice of India (highest
post of judiciary) is above in the precedence as compared to cabinet secretary
(Highest post in IAS).
Overall there cannot be
a direct comparison between a HC judge and an IAS officer as both have
different powers, functions and responsibilities but in terms of comparison a
judge is more powerful than an IAS officer.
Conclusion
Hence, it can be
concluded that a judge enjoys more power than civil servants, and this
comparison is based on hierarchical order of precedence and other procedural
powers. The judiciary has been given the power to implement laws and also issue
writs for preserving the rights of the individuals as enshrined under the
Constitution of India and the judiciary can also hold the administration
accountable for any action, hence it can be said that in terms of powers the
HIGH COURT judge is more powerful than an IAS Officer.
We additionally offer legal assistance in an extensive
spectrum of concerns.
Hence, it can be concluded that a judge enjoys more power than civil servants, and this comparison is based on hierarchical order of precedence and other procedural powers. The judiciary has been given the power to implement laws and also issue writs for preserving the rights of the individuals as enshrined under the Constitution of India and the judiciary can also hold the administration accountable for any action, hence it can be said that in terms of powers the HIGH COURT judge is more powerful than an IAS Officer.
Hence, the judiciary has been given the power to implement laws and also issue writs for preserving the rights of the individuals as enshrined under the Constitution of India and the judiciary can also hold the administration accountable for any action, hence it can be said that in terms of powers the HIGH COURT judge is more powerful than an IAS Officer.
What is Domestic Violence? What are its types, causes and effects?IntroductionDomestic violence is one of the gravest offences to ever exist in the society, because it not only includes bodily injury read more
What is Domestic Violence? What are its types,
causes and effects?
Introduction
Domestic violence is one of the gravest offences to ever
exist in the society, because it not only includes bodily injury but also
includes mental torture and abuse. The scope for relief under domestic violence
was very low in previous time when there was no law governing it. The ambit of
domestic violence increased with the enactment of “Protection of
Women from Domestic Violence Act, 2005”.
Causes and Types of Domestic Violence
The cause for domestic violence can be different in different
cases as it depends on the circumstances and situations. The main causes for
domestic violence can be establishing dominance, intoxication, for demand of
dowry in case of a married couple, etc. The domestic violence is not limited to
physical violence, it includes, mental torture, verbal abuse, isolating from
the resources, sexual violence, etc. This can have various negative impacts on
the body and mind of the victim. As a result in many cases the victim decides
to commit suicide.
Provision
The laws on domestic
violence was previously governed by Section 498A
of the IPC, which enumerated the provisions as if a husband or elative of a
husband subjects cruelty to the wife then he will be punished with imprisonment
up to three years and also be liable with fine. As the scope of this section is
very narrow and only covers certain circumstances it was not enough to govern
the whole consequences of the offence. Hence, Protection of Women from Domestic
Violence Act, 2005 came into force. This expanded the scope of Domestic
Violence which was previously only limited to married women.
Judicial
Interpretations
The courts in various
judgments also increased the scope of the “Protection
of Women from Domestic Violence Act, 2005”. In the case of Lalita Toppo V. State of Jharkhand, the
honorable court observed that the couples which are not married and are in live
in relationship will also be coming under the “Protection of Women from Domestic Violence Act, 2005”.
Conclusion
Hence, it can be concluded that by enacting the act on the
domestic violence, the intention of legislature was to expand the ambit of
domestic violence. Even through the judicial interpretations, the courts have
observed that the act is not limited to only married couples.
In India it is considered with importance, for
which the stringent framework to ensure that the process is ethical,
transparent and maintain the protection of each people’s well-fare. Also the Online Legal Query here has participates to help the aggrieved
through the experienced senior advocates and legal team to be able to guide in
the proper path to meet with their ultimate fairness.
We additionally offer legal assistance in an extensive
spectrum of concerns.
Social media censorship and regulations.Introduction Social media is both a boon and a bane in today’s time. Many people use Social Media as a mode of entertainment whereas many people make it as their read more
Social media censorship and regulations.
Introduction
Social media is
both a boon and a bane in today’s time. Many people use Social Media as a mode
of entertainment whereas many people make it as their career. People show their
talent for fame and as well as money. As there is huge number of people of people
in the social media, it is very important to make the community free from
negative and explicit content.
Need
for Social Media Censorship and Regulations
It is very
important to have a clean and positive social
media environment as there are also children in the
social media and explicit content can have negative impacts on their brain
which effects their development and upbringing. Certain censorships and
regulations help to curb the content that can have harmful effect on the
society as well as for the safety and security of the nation.
Provisions
In India there
are certain provisions which govern the content which is posted in the social
media platforms. Also the social media platforms have their own guidelines to
maintain a clean environment in the community. Under Information Technology
Act, 2000 sections 67, 67A, 67B, and 69A deals with the social media content.
The provisions enshrine that;
67 – If anyone
posts or shares any obscene content through electronic form, he will be
punished under this Act.
67A – This
provision deals with publishing or sharing sexually explicit content.
67B – This
section deals with the involvement of a child in any sexually explicit manner
through the electronic medium.
69A – This
section gives the authority to block access of any content to public if the
content aims to; go against the sovereignty and integrity of India, or can
disturb security of the state, or can harm the defence of India, or disturbs
friendly relation with foreign states, or breaches public order, or incites
violence.
Conclusion
Hence it can be
concluded that there are several laws in India which safeguards the social
media environment to harm the public order or the national safety. It is also
important for individuals to be aware of such type of content which can be
harmful for the society and report them.
The Online Legal Query here has participates to help the aggrieved through the
experienced senior
advocates and legal team to be able to guide in
the proper path to meet with their ultimate fairness.
We additionally offer legal assistance in an extensive
spectrum of concerns.
Right to Information Act 2005 and Its Role in Democratic GovernanceIntroductionIndia is the biggest democratic state in the world. In a democratic republic it is very important that public should have read more
Right to Information Act 2005 and Its Role in
Democratic
Governance
Introduction
India
is the biggest democratic state in the world. In a democratic republic it is
very important that public should have the right to ask questions, criticize
and to know everything that they deserve to know. Right to Information Act,
2005 deals with the provisions which direct the public authorities to provide
information to the public to ensure transparency in the system.
Provisions
Different
provisions under the RTI Act enumerate the provisions relating to the
publishing of the required documents in the public domain for ensuring
accountability and transparency in the system. Section 4 of the RTI Act states
that every public authority should keep their tasks and information organized
and up to date and should share these information with the public with regular
intervals. The information includes;
1. Particulars
of the authority,
2. Its
functions and duties,
3. Functions
and duties of the officers,
4. The
decision making processes and rationale behind it, etc.
These
information are to be given to the public through notice boards, newspapers,
internet, etc, the authorities should also try to keep all these data in an
electronic format to make it easier for the public to access.
Section
5 of the RTI Act, 2005 says about the appointment of public information
officers and their respective functions.
Important role in
Democracy
Right
to information act plays a very crucial role in democracy. The public holds the
right to be informed and to ask question regarding the work needs to be done by
the public authorities. The RTI Act gives that right to public to access any
required information regarding the working of any of the public authority or
the rules and regulations or any kind of relevant information.
Conclusion
Hence,
it can be stated that the intention of legislature for establishing the Right
to Information Act, 2005 was to preserve Democracy and ensure accountability
and transparency in the structure and give people the right to know and to be
informed, which is also a fundamental right of every individual enshrined under
Article 19(1) in the Constitution of India.
The Online Legal Query here has participates to help the aggrieved through the
experienced senior
advocates and legal team to be able to guide in
the proper path to meet with their ultimate fairness.
We additionally offer legal
assistance in an extensive spectrum of concerns.
Qualifications to become civil judge, District Judge and High Court JudgeIntroductionBeing a judge in India is considered as a very prestigious job. The post of a judge also contains responsibilities read more
Qualifications
to become civil judge, District Judge and High Court Judge
Introduction
Being a judge in India
is considered as a very prestigious job. The post of a judge also contains
responsibilities and an oath to provide justice. If someone wants to become a
judge in India there are certain qualifications that he has to surpass. For getting
enrolled with the judiciary is a dream of many law students. The qualifications
for becoming a judge in India are explained hereunder.
Required
Qualifications
There are certain
qualifications for becoming a judge in India, the eligibility criteria includes;
(i)
Must be a citizen of India
(ii)
Must have a law degree from a recognized
University
(iii)
Must be of a good moral character
After complying with
these eligibility criteria, one can sit in the examination of Judicial Services
Examinations or the Provincial Civil Service Judicial Examination (PCS J), the
age limit for the examination can vary from state to state but an average age
for giving the examination is 23 to 35 years of age. The examination is
conducted in three rounds; Prelims, Mains and Interview.
Appointment
as a Judge
After clearing the
examination the candidate have to go through a judicial training. After
complying with the procedures, one is appointed as a junior civil judge and it
will take almost 10 years of service to be promoted to a senior civil judge and
again after 10 or 12 years of service, he or she will be promoted as a District
Judge. And after serving as a District Judge, through regular promotion based
on seniority and merit, a District Judge is promoted as a High Court Judge.
Provisions
Article 233 of the
Constitution of India enshrines provisions regarding appointment
of District Court judges, whereas Article 217 of the Constitution of India
deals with the appointment of High Court Judges.
Article 233
– This article states that the appointment and posting of a district judge will
be done by the governor of the state with consultation with the judge of the
high court of that state.
Article 217
– The president appoints the judge of the high court with consultation with
Chief Justice of India, Governor of the state and the Chief Justice of the High
Court of that state.
Conclusion
The judicial hierarchy enshrines
that for promotion the seniority and merit is taken into consideration. To
become a judge, one shall have the quality of impartiality and analytical
thinking. A judge should also have strong emotional control to give a fair and
justifiable decision.
The Online Legal Query here has participates to help the aggrieved
through the experienced senior advocates and legal team to be able to guide in
the proper path to meet with their ultimate fairness.
We additionally offer legal assistance in an extensive
spectrum of concerns.
Overtime Policies under Labor Laws in India for Private & Government employeesIntroduction In India many people do overtime jobs to earn more than the normal wage for the well being of them and their read more
Overtime Policies under Labor Laws in India for
Private &
Government employees
Introduction
In
India many people do overtime jobs to earn more than the normal wage for the
well being of them and their family. Overtime basically means when a worker
works more than the assigned working hours and receives extra remuneration for
working in those extra hours. This concept of overtime helps people to earn
more money by working extra hours to live a good life.
Provisions Governing
Overtime
In
India basically the concept of overtime is governed by the Factories
act, 1948. The Factories Act, 1948 also enumerates the
premises which will be governed under the provisions of this act, any premises
where 10 or more than 10 people are employed with the aid of power or 20 or
more people are employed without aid of power, where any manufacturing process
is conducted, will come under the ambit of this act.
The
Factories Act, 1948 also states the maximum working hours for the employees
under section 54 of the act states that daily working hour cannot exceed more
than 9-hour, Section 51 of the act speaks about the maximum working hours in a
week which is 48 hours.
Section
59 (1) of the Factories Act, 1948 states
that when any worker works more than nine hours a day or 48 hours a week, he
will be entitled to get overtime pay for
the extra hours worked. The wage for extra job will be calculated as twice the
normal wage. For example, if a person earns 200 Rs per hour and works 9 hours a
day then he will be earning 1800Rs and if he works overtime extra 2 hours, then
he will get twice the normal wage which means he will get 400Rs for each extra
hour which is (2 * 400) which means his total wage for the day will be (1800 + 800)
which
will be 2600Rs.
Conclusion
Hence
it can be concluded that the overtime wages are the reward for the extra work
done by the worker. The overtime wages are basically twice the amount of the
normal wages because it is for the appreciation of the efforts and hard work of
the worker.
The Online Legal Query here has participates to help the aggrieved through the
experienced senior
advocates and legal team to be able to guide in
the proper path to meet with their ultimate fairness.
We additionally offer legal assistance in an extensive spectrum of concerns.
ence it can be concluded that the overtime wages are the reward for the extra work done by the worker. The overtime wages are basically twice the amount of the normal wages because it is for the appreciation of the efforts and hard work of the worker.
Impleading petitions in civil cases.IntroductionThe concept of impleading petition is enshrined the Code of Civil Procedure, 1908. The principle of impleading petition is basically used for adding a new read more
Impleading petitions in
civil cases.
Introduction
The
concept of impleading petition is enshrined the Code of Civil Procedure, 1908.
The principle of impleading petition is basically used for adding a new party
in a suit. The concept of impleading petition is essential to give relief to
all the parties involved in a suit.
Provision
Order
1 rule 10 of the CPC, 1908 gives the power to the court to add a party to a
suit at any stage of the proceedings, if the court thinks that presence of that
party is important for fair adjudication of the suit , then court can add the
person or and organization as a party to a suit. This can help to give relief
to every effected person in a suit.
Judicial Interpretations
The
court in various judgments had upheld the concept of impleading petition. In
the case of Kasturi vs. Uyyamperumal and others (2005) 6 SCC 733, the honorable
court has given two grounds for determining “Necessary Person” to a suit, it
enumerates two grounds for deciding necessary person, which are;
(i)
There must be some right to relief
against such person regarding the controversies involved in the suit.
(ii)
If the court thinks that the presence of
such person will help in the fair adjudication of the matter and without adding
such person the adjudication cannot be done.
Conclusion
Hence,
it can be concluded that the concept of impleading petition carries a very
significant principle which is essential for the sake of justice, equity and
good concise. As the grant of impleading petition depends on the discretion of
the court, the court has the responsibility to grant such petition if it is
necessary for fair pronouncement of the decision.
In India it is considered with importance, for which the stringent framework to ensure that the process is ethical, transparent and maintain the protection of each people’s well-fare. Also the Online Legal Query here has participates to help the aggrieved through the experienced senior advocates and legal team to be able to guide in the proper path to meet with their ultimate fairness.
We additionally offer legal assistance in an extensive spectrum of concerns.
In India it is considered with importance, for which the stringent framework to ensure that the process is ethical, transparent and maintain the protection of each people’s well-fare. Also the Online Legal Query here has participates to help the aggrieved through the experienced senior advocates and legal team to be able to guide in the proper path to meet with their ultimate fairness.

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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.
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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