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The National Company Law Tribunal (NCLT) Principal Bench, New Delhi has in a matter of M/S Brand Realty Services Ltd vs M/S Sir John Bakeries India Pvt Ltd passed an Order dated 22-07-2020 and held that read more
The National Company Law Tribunal (NCLT) Principal Bench, New Delhi has in a matter of M/S Brand Realty Services Ltd vs M/S Sir John Bakeries India Pvt Ltd passed an Order dated 22-07-2020 and held that NCLT is not a recovery court and that an unpaid instalment under a settlement agreement cannot be considered as an operational debt under the Insolvency and Bankruptcy Code 2016 (the Code).
To read more, please visit the link below:
#ibc #instalment #cheque #settlement #nclt #operationaldebt
Is Bitcoin legal in India ?The concept of bitcoin came in the year 2009 when there was a worldwide economic problem. Bitcoin is an application of block-chain where the same hashing and cryptography read more
Is Bitcoin legal in India ?
साइबर अपराधों से कैसे बचें ?आज के कंप्यूटर, स्मार्टफोन, इन्टनेट आदि की दुनिया में हर समय हम साइबर दुनिया से घिरे रहते हैं। इस स्थिति में अगर हम साइबर दुनिया के बुरे प्रभावों के बारे में नहीं जानते हैं read more
साइबर अपराधों से कैसे बचें ?
आज के कंप्यूटर, स्मार्टफोन, इन्टनेट आदि की दुनिया में हर समय हम साइबर दुनिया से घिरे रहते हैं। इस स्थिति में अगर हम साइबर दुनिया के बुरे प्रभावों के बारे में नहीं जानते हैं तो हम लोग धोखा खा जाएंगे। हमें साइबर दुनिया के नकारात्मक प्रभावों को जानना चाहिए और साथ में हमें अपने देश के साइबर कानूनों को भी जानना चाहिए।
साइबर
दुनिया कैसी है?
बहुत से लोग सोचते हैं
कि साइबर दुनिया या इंटरनेट की दुनिया एक कानूनविहीन दुनिया है। लेकिन यह सही नहीं
है। दुनिया के किसी भी हिस्से की तरह हमारे देश में भी अपने साइबर कानून हैं।
हमारे देश में स्मार्टफोन के उपयोग में वृद्धि के साथ, फेसबुक, व्हाट्सएप, ट्विटर
आदि का उपयोग भी बढ़ रहा है | भारत शायद दुनिया का दूसरा या तीसरा सबसे
बड़ा इंटरनेट उपयोगकर्ता देश है। जितना अधिक हम साइबर दुनिया से घिरे रहेंगे, उतने
विभिन्न प्रकार के साइबर अपराध विकसित होंगे। यही कारण है कि हर भारतीय को साइबर
दुनिया के अच्छे और बुरे पक्ष के बारे में जागरूकत होनी चाहिए । मुझे लगता है
प्रत्येक भारतीय को भारत के साइबर कानून पर बुनियादी ज्ञान होना चाहिए।
हमें
साइबर कानून क्यों पढ़ना चाहिए?
Statista के अनुसार 2019 में, भारतीय
ऑनलाइन बाजार दुनिया का दूसरा सबसे बड़ा ऑनलाइन बाजार था। 2018 में
भारतीय में 480
मिलियन इंटरनेट उपयोगकर्ता थे। भारत में इंटरनेट उपयोगकर्ताओं का
प्रमुख हिस्सा युवा पीढ़ी के लोग हैं। इकॉनमिक समय की रिपोर्ट के अनुसार, इंटरनेट
उपयोगकर्ताओं के संदर्भ में, चीन के बाद भारत दूसरा सबसे बड़ा इंटरनेट
उपयोगकर्ता है। विकिपीडिया के अनुसार, भारत में साइबर अपराध की संख्या
300% तक
बढ़ गई है।
भारत
में साइबर कानून: भारत
में साइबर कानून निम्नलिखित हैं -
Ø सूचना प्रौद्योगिकी अधिनियम, 2000
Ø सूचना प्रौद्योगिकी (संशोधन)
अधिनियम,
2008
साइबर
संबंधी या अन्य जुड़े हुए कानून:
1.
भारतीय साक्ष्य अधिनियम, 1872
2.
आपराधिक प्रक्रिया कोड, 1973
3.
भारतीय दंड संहिता, 1860
4.
कॉपी राइट एक्ट, 1957
5.
बैंकर बुक ऑफ एविडेंस अधिनियम।
आज
से पचास साल पहले, जब अमेरिकी सैन्य अनुसंधान संस्थान की उन्नत
अनुसंधान परियोजनाओं एजेंसी (ARPA) ने संयुक्त राज्य अमेरिका में
प्रयोगात्मक रूप से इंटरनेट प्रणाली को जन्म दिया था, तो
क्या किसी ने सोचा था कि यह जल्द ही विज्ञान के असंख्य आशीर्वाद की तरह एक सामाजिक
अभिशाप बन जाएगा ?
साइबर
दुनिया कैसी है ?
इंटरनेट एक कानूनविहीन
आभासी दुनिया है | कंप्यूटर, मोबाइल, स्मार्टफोन
इत्यादि के बड़े पैमाने पर उपयोग के साथ, आज किसी न किसी दिन हम इस आभासी
दुनिया में प्रवेश करते हैं और हम में से कई लोग इस सर्वव्यापी अवरोधक दुनिया के
हानिकारक पहलुओं से अनजान हैं।
जैसे-जैसे मोबाइल फोन का
उपयोग बढ़ता है,
वैसे-वैसे इंटरनेट का उपयोग भी बढ़ता है, और
इसलिए भारत में फेसबुक, ट्विटर, व्हाट्सएप और इंस्टाग्राम का
उपयोग बढ़ राहा है। जितने अधिक लोग साइबर दुनिया में घूमते हैं, उतनी
ही यह अजीब दुनिया नए अपराधों को जन्म देगी। इस काल्पनिक या आभासी दुनिया और यहां
होने वाले विभिन्न अपराधों के बारे में सभी को अच्छी जानकारी होनी चाहिए |
सोशल
नेटवर्किंग वेबसाइट :
वर्तमान में सोशल
नेटवर्किंग वेबसाइट हर देश में बहुत लोकप्रिय हैं। ये लोकप्रिय सोशल नेटवर्किंग
वेबसाइट दुनिया भर के कई देशों द्वारा अपने लोगों को उनके काम को बढ़ावा देने के
लिए उपयोग किया जाता है। विभिन्न सोशल नेटवर्किंग वेबसाइट जयसे के लिंक्डइन, फेसबुक, ट्विटर
में से एक सोशल नेटवर्किंग वेबसाइट भी है। हालाँकि विभिन्न सामाजिक नेटवर्किंग
वेबसाइटों के कई अच्छे पहलू हैं, आजकल विभिन्न सामाजिक अपराध उनके माध्यम से
होते हैं। भारतीय साइबर अधिनियम यानी सूचना प्रौद्योगिकी अधिनियम, 2000 और
सूचना प्रौद्योगिकी (संशोधन) अधिनियम, 2008 और इसके बाद के विभिन्न
नियम इस संबंध में कानूनी सहायता प्रदान करते हैं या ऐसे साइबर अपराधों की जांच
में जांच अधिकारियों की सहायता करते हैं। इसके अलावा, भारतीय
साक्ष्य अधिनियम, आपराधिक प्रक्रिया संहिता और भारतीय दंड संहिता
भी इस संबंध में मदद करेंगे।
भारत सरकार ने इन
सामाजिक नेटवर्किंग वेबसाइटों के संचालन को विनियमित करने के लिए नियम बनाए हैं, जैसे –
साइबर
अपराधों से खुद को सुरक्षित रखने के लिए कुछ तरीके और तकनीक निम्नलिखित हैं :
साइबर अपराध पर ऑनलाइन शिकायत दर्ज करने के लिए निम्नलिखित राष्ट्रीय पोर्टल महत्वपूर्ण है:
National Cyber Crime Reporting Portal
भारत में प्रचलित 1500 से अधिक भाषाओं में से, हिंदी एक प्रमुख भारतीय भाषा है | यही कारण है कि लंबे समय से मैं साइबर कानून पर एक मोबाइल ऐप हिंदी में ले आने के लिए सोच रहा था, ताकि भारत के हिंदी बोलने वाले सबसे दूरस्थ हिस्से में लोग, इस महत्वपूर्ण विषय साइबर अपराधों और साइबर कानूनों को जान सके | साइबर अपराध से संबंधित विभिन्न क्षेत्रों में आगे के अध्ययन के लिए कृपया Google Playstore से मुफ्त में मोबाइल ऐप "साइबर लॉ इन हिंदी" हिंदी में साइबर कानून (Cyber Law App in Hindi) इंस्टॉल करें | इस विज्ञापन मुक्त ऐप में मैंने यह समझाने की कोशिश की है कि भारत में मौजूदा साइबर कानून क्या है। एक गैर-हिंदी भाषी व्यक्ति होने के वाद भी, मैंने पूरी कोशिश की है कि यह भारत में हिन्दी भाषा समुदाय के लोगों के लिए मददगार हो सके। इस ऐप में, मैंने बस हिन्दी भाषा में अनुवाद करके साइबर कानून को सभी के लिए आसान बनाने की कोशिश की है |
अगर मेरे प्रयासों से आपको साइबर अपराध के खिलाफ जागरूक करने में सफलता मिलती है, तो मैं खुद को कृतज्ञ और संतुष्ट समझूंगा।
My Blog Post @ Cyber Chatterjee
The Supreme Court has in a recent case of V. Kalyanaswamy (D) by Lrs and Another vs L. Bakthavatsalam (D) by Lrs. And Others passed a Judgment dated 17-07-2020 and held that the Will dated 10-05-1955 read more
The Supreme Court has in a recent case of V. Kalyanaswamy (D) by Lrs and Another vs L. Bakthavatsalam (D) by Lrs. And Others passed a Judgment dated 17-07-2020 and held that the Will dated 10-05-1955 (#Will) executed by Late Mr Rangaswami Nadu (#Testator) was valid and lawful in nature.
To read more, please visit the link below:
#will #executor #testator #witness #jointhindufamily #property
The three Judge Bench of the Supreme Court in the recent case of Pyare Lal vs State of Haryana passed a Judgment dated 17-07-2020 and held that restrictions imposed under Code of Criminal Procedure 1973 read more
The three Judge Bench of the Supreme Court in the recent case of Pyare Lal vs State of Haryana passed a Judgment dated 17-07-2020 and held that restrictions imposed under Code of Criminal Procedure 1973 on the powers to grant special #remission to certain category of #convicts, would not apply to the #constitutional powers exercised by the #Governors and #President of #India.
To read more, please visit the link below:
#remission #governor #prisoner #convict #Constitution
Recently, the #Ministry of Consumer Affairs, Food and Public Distribution, Department of Consumer Affairs, has notified the Consumer Protection (E-Commerce) Rules, 2020 (‘E-Commerce Rules’), vide Notification read more
Recently, the #Ministry of Consumer Affairs, Food and Public Distribution, Department of Consumer Affairs, has notified the Consumer Protection (E-Commerce) Rules, 2020 (‘E-Commerce Rules’), vide Notification dated 23.07.2020.
To read more, please visit the link below:
http://www.theindianlawyer.in/blog/2020/07/25/consumer-protection-e-commerce-rules-2020-notified/
#ecommerce #ministryofconsumeraffairs #consumer #electronic
আজকাল হামেশাই লোকের মুখে মুখে শোনা যায় যে তারা তাদের ক্যারিয়ারে সাইবার এক্সপার্ট বা সাইবার আইনজীবী বা সাইবার সিকিউরিটি এক্সপার্ট হবেন | কীভাবে হবেন তা একটু দেখে নেওয়া যাক |আজকে এই ব্লগে আমি আলোচনা read more
বৈদ্যুতিন প্রমাণের উপর ঐতিহাসিক রায়: ভারতীয় প্রমাণ আইনের 65বি ধারার শংসাপত্র বাধ্যতামূলক কিনা? ভারতের মাননীয় সুপ্রিম কোর্টের যুগান্তকারী রায়।ভারত বর্ষ পৃথিবীর অন্যতম দ্বিতীয় বৃহত্তম ইন্টারনেট ব্যবহারকারী read more
বৈদ্যুতিন সাক্ষ্যপ্রমাণের শংসাপত্র নিয়ে সুপ্রিম কোর্টের ঐতিহাসিক রায়: anandabazar.com
Blog post on Electronic Evidence in Bengali : Please subscribe for future posts
Difficulties faced by men in Family CourtsAwoman in India can file various cases against men according to the Indian laws. A marriage is considered as a soulful connection between a man and the read more
Difficulties faced by men in Family
Courts
Awoman in India can file various cases against men
according to the Indian laws. A marriage is considered as a soulful connection
between a man and the woman and is performed through different marriage laws
which include the Hindu Marriage Act, Personal Marriage Act, etc. However,
nowadays, this institution of
marriage is easily broken. There has been an increase in the number of the
breakdown of wedlocks each year either due to the fault of the husband or the
wife. The divorce rate of marriage in India is increasing every year.
According to the reports,1out of every 100 marriages, is broken and is taken to
court every year. Due to this increasing rates of divorce every year, strict
laws have been implemented which safeguards the interest of the women, but at
the same time, does not give much importance to the problems that a man has to
go through in a family court.
A family court witnesses’ matters that are related to the family.
It includes divorce cases, property-related cases, annulment cases, etc. Most
of the cases which are related to divorce are always biased against the husband
unless and until it is not a mutual consent divorce. A divorce which is filed
by the wife always backfires on the husband. The husband does not only tackle
the trauma of divorce, but he also undergoes issues like filing of FIRs against
him, allegations of domestic violence and dowry, matters related to maintenance
and alimony etc. With this, a father also has to fight for child custody, which
normally turns out to be in favour of the mother, as a mother holds the primary
rights of her child. This has been held and reiterated in many decisions of the
apex court, that except in situations where the child is able to form an
opinion of his own, it is in the interest of the child that custody matters
need to be determined, and the same has been held in Elizabeth R. Dinnshaw v
Arvind M. Dinshaw 1987 AIE 3
here it was the case that the minor was not old enough to form his ownopinion
on the matter of custody, and the court had to make the call, it decided the
matter in the mother’s favour, despite the different considerations weighed by
the court in deciding the matter, it has since then become a rule of thumb that
the child will be in the custody of the mother in the event of discord within
the partners.
A wife is entitled to file a complaint against the husband
under Section 498A, IPC, The Hindu Marriage Act, 1955 and the Domestic Violence
Act, 2005. This paper extensively talks about the problems that men deal in the
family court. It talks about how some Indian laws are favoured towards women,
and for men, it gets tough and ugly to prove himself asinnocent. This paper
will also provide the reader with landmark judgments that have created some
change in the country and have impacted the subject of the law to make some
necessary amendments.
Discussed below is a list of major issue faced by men and his
family members.
Section 498
A of IPC
According to section 498 which defines cruelty, the
same is repeated in the DV Act, but for consideration in this section of the
paper, Sec. 498A shall suffice, cruelty has been defined as follows:Including
verbal as well as physical abuse by the husband or by his family. In Law context,
there is a maxim known as Audi
Alteram Partem (hear the other side), but it is important to note that, in
practicality, section 498 of IPC has swept away this fundamental right as once a
case is filed by the women, the police hardly listen to the men.
Moreover, what makes this law tougher is its subject matter.
The Indian penal code has no definite definition of the term “Cruelty”, and
therefore, anything done by the husband which goes against the ethics of the
society is termed as cruelty and based on that FIRs are lodged. With this, it
is a non-bailable and non-compoundable offence which makes it difficult for the
men dealing with it. It should be noted
that, at the stage of registering of offence, the officers in charge have been
known to show no discretion in registering the offence, despite in some
situations outright inconsistencies in the complaint filed before them. This,
combined with the ability of the litigant to include the family members of the
husband in the complaint, usually results in harassment by police and
investigating personnel, of the husband and his family.
The Madras court in Rukmani v Manonmani 2017 SCC
OnLine 20343 demonstrates the potential and the difficulty in establishing
the veracity of a vexatious complaint: In the matter, even though the complaint
itself was a fiction, and it was prima facie to the HC, the District Court
refused to quash the proceedings, and even refused to refer the act and complaint.
It is important to note that in most instances of such alleged abuse, the
courts have been quick to detect this same and make appropriate order in the
matter: Saritha v R. Ramachandra2003 (1) E.C.R. Crim. 481, is
a prime example of it, whereas part of a divorceproceeding on the grounds of
cruelty the wife had filed under Sec. 498A against the whole family, the HC
struck the complaint down, highlighting the possibility of vexatious
complaints, and the duty of courts to detect the same. Something similarcame
before the Punjaband Haryana HC in Harjinder Kaur and Anr. V State of Punjab2004
(4) R.C.R. Crim. 432,where the court had to determine the complaint
under Sec. 498A filed against the family of the husband, where some of the
co-accused were minors at the time ofthe alleged offence; Then court noted the
same and opined that the complaint had included as many people as it could, without
any proper consideration to the factual matrix. Courts have been aware of the
misuse potential of Sec. 498, and the Madhya Pradesh HC has even recommended
that the section be made compounded so that an amicable settlement could be
reached between the parties: Ramgopal v State of MP. SLP (Ct.) No.
6494 of 2010The most prominent example of this judicial opinion towards
Sec. 498A can be seen in the SC decision, and obiter dictum by J. Chandramauli Kumar
Prasad held that due to its non-bailable and cognizable offence, it has lent it
a dubious place among provisions that are misused, and are rife with potential
for harassment, Primarily held in Social Action Forum for Manav Adhiikar v
UOI(2018) 10 SCC 443there isampleprecedent since then, to
demonstrate that there have been so many instances of harassment and misuse of
the section that, the judiciary has taken cognizance, an recommended measures
to be taken by the legislature.
The wife on the other side, makes it sure, that such
complaints are lodged on Friday so that the defendant at least for the next two
days cannot apply for bail since the courts are shut on the weekend. This was a
major issue that was witnessed by the husband and his family, and due to the
increasing cases of false complaints by the wife and due to the unavailability
of any physical evidences, the courts used to give misgivings. However,
according to the reports, a quarter of the arrested were
women relatives of the husband. Charge-sheets were filed in almost all cases
(93.6%), but convictions were abysmally low, at under 15%. Something was
obviously wrong. At that rate, the report went on to say, 372,306 pending cases
will have 317,000 acquittals. This low rate of conviction could be
interpreted two ways, one that the inherent nature of domestic violence cases
contributes to difficulty in establishing cases against accused, or that there
are in fact, so few instances of proven domestic abuseand the cases and
complaints filed have been merely to harass and intimidate the husband and his
family. While neither of these assertions has been confirmed, nor denied, this statistical
figure begs the question, whether more cases than necessary are clogging the
docket.
The above report states that the courts will have
to look for an alternate method that deals with speedy disposal of trials and
something to be done with the false complaints lodged by the wife for malicious
intentions.
·
It should be noted, that the
courts have already made guidelines for disposalofcomplaints filed pursuant to
filing under Sec. 498A. in the abovementioned case of Amresh Kumar,the
SC endeavoured to make the following rules to ensure that automatic arrest and
detention does not become the norm in such matters:Police
officers shall fill in the checklist before making a decision in the arrest of
a person accused.
·
The police shall satisfy
themselves that thereis a genuine case for abuse before registering the
offence.
·
The decision by the police will
be cross verified by the Magistrate.
Through these measures, the court ensures that
cases of domestic abuse/ violence are not vexatious registered, and in the
event that they are such ill intentions and false decisions are detected early
in the investigative process.
Dowry Demands
The various
provision covering the mental abuses with respect to women in India have also
covered an interpretation regarding protecting the rights and interest of men on
the same parlance. Covering various rights promised by the Preamble of India
have further segregated and clubbed under various Act or laws. This article
further narrows down by giving serious consideration to a wider understanding
of these rights relating to the harassment and troubles faced by the men and
their family members in society after a complaint or a suit filed by women by
taking undue advantages of the provisions legislated to protect her interest in
the society. In India, as far as marriages are concerned as quoted as wedlock
between the families of the two individuals is far more than wedlock between
the two individuals. Its tradition involves many rituals followed by some age-old
practises such as dowry. Dowry in simplest term can be defined as kind or money
itself given to the groom by the family members of the bride as a gift. The law
has termed dowry from a period till today as a criminal offence if it is
demanded from the natal family of the bride, and there are serious consequences
if any person has conducted any act of dowry demand in the territory of India.
The legislation understanding various criminal activities that are associated
with or are the result of the dowry demands should be prohibited for the
harmony of the state, with a clear objective legislature has passed an Act that
regulates and prohibits such activities, i.e. Dowry Prohibition Act, 1961.
Though
legislation incorporated the act with the intent to protect women it has also
did not contemplate the abuse of it against the men in the society, there are
provisions made specifically with the single objective which in turn has beenunderstood
as adouble-edged sword. Dowry Demand has turned against the men in the society
with various matters everyday being filed in the police stations or with the
women’s development cell of the country reiterating these provisions taking
hold of men without being provided with an opportunity of being heard.
In
the case of Pushkar Singh, it was seen that a resident (Pushkar Singh) residing
at Lucknow committed suicide writing a note stating the in-laws are solely
responsible for his death. Pushkar Singh was wrongly sentenced to imprisonment
under section 4984, 323 and 504 of IPC. The wife in here filed against the
husband stating the false demand of the dowry of Rs. 14,00,000/-. The deceased
mentioned in the note that this case has also led in financial difficulties for
him and his family they also have sold their house for procurement of some
financial gain for survival.
Cruelty under the Domestic
Violence Act
While
explaining the cruelty the basic understanding of the point of view is that a
mere annoyance not of any serious consequences in matrimonial affairs would not
be treated as cruelty it has to be seen in an angle of nature of any act found
to rare unlike routine discussed quarrel and is of serious nature that might
lead to grave consequences to either spouse by the other. Any such act can only
be termed cruelty which though not satisfying all inhuman or extreme inhuman
condition but are considerable enough for protection of either party in
matrimonial affairs.
Domestic
Violence Act in its inception was enacted with a sole objective to curb the
violence against the women in the country majorly violence’s involved in
matrimonial affairs, but such provision protecting the rights of the women have
proven to be fatal for men. The data signifies that many false Domestic
violence cases have been filed by women, in turn, to coerce men into fulfilling
impossible or unethical desires. A report submitted by the two non-profit
organizations, save family Foundation and My Nation Foundation have published a
survey which provides that out of 1,00,000 reports filed by the women in the
country between the year 2016-17, only 2.8% of the cases were actually proven
to be of some validity. The data provided by the National Crime Record Bureau
that as compared to women, 21.16% of more men than women were reported to
commit suicides due to DV.
During
suchpending litigation that eventually relates to curtailing the rights of the
men by providing extra protection as assumed by the government towards women
have led to many fatalities resulting suicides, depression, insanity and other
inhuman activities out of frustration of having no remedy to set the matter
out. Many organisations and advocates understanding the nature of the provision
under various women protection law have advocated the needfor new legislation
or at least amendment in the law, in order to protect the interest of men. The
Honourable Apex Court has understood the need to provide various direction to
be provided to police in dealing with a various matter involving domestic
violence, dowry, abuse or cruelty. This
context changed in respect of the men after the #metoo movement launched where
women were freely asked to file complaints against any act of violence against
them; there were many fakes cases being reported against men.
Protection
The Criminal Procedure Code (CrPC) deals with the procedure
to deal withcriminal complaints filed by any person in prayer to authority to
act in their capacity to take steps to mitigate the loss or reinstate the right
of the pleader. The various sectionsdealing with the protection of any person
who is the opinion of the complaint raised against him is false or futile
Further
various legal remedies have been made available to any person who is accused by
any person under any law enacted to protect women’s rights. A person can seek
protection` under these provision mentioned:
Section 227: The section states that any person
believing the complaint raised by his wife is false according to him the person
has to provide the evidence in contrary to the complaint on this basis and the Honorable
Magistrate can dismiss the plea by the spouse under section 498A and decide
accordingly.
Section 438: This section in CrPC deals with
presenting an appeal or making an application for bail before the session court
to circumvent the arrest from the police; this application is also known as
Anticipatory Bail.
Section 482: The inherent power of the High Court to
dismiss the matter if the evidence or testimony does not seem to support the
accusation made against the person (spouse) by his wife where such section deals
with an objective that any power of the law to protect the interest should not
be used for personal vendetta or as a weapon for undue advantage, this can also
be used to quash the FIR by any person.
The Honorable Apex Court, while envisaging the guidelines
for the use of section 482 states the list of pointers to be included in the
application:
a. No prima facie case
b. Absence of cognizable offence
c. Crime in the case cannot be disclosed
d. Lack of evidence
e. Time barred by the Limitation Act
f. Vexatious in nature
A person can also file the complaint under section 9
of Civil Procedure Code, 1908 to recover the damages a person faced under the
proceeding or police custody for the false case.
As per the finding of the Apex Court in the case decided
by the Honorable High Court in Anuj Chaudhary v/s State of Uttar Pradesh stated
that there cannot be two or more / any multiple FIR of the same offence. Any
person filing multiple FIRs will be considered as one offence if the matter of
the offence is same and person lodging the FIR praying for the same remedy from
the state authority (police) this contemplation was provided by section 154 of
Indian Penal Code.
The Indian Penal Code governs, regulate, and directs
the punishment found guilty under the crime of any nature (whether heinous or
non-heinous). There are various provision protecting the rights of spouse if
being caught in case of heinous nature if such person believes himself to be
innocent.
·
Section 120B: This
section deals with criminal conspiracy, any person filing a suit or complaining
about any person to the state authority and such complaint has no stand or
basis or that person has no locus standii in filing complaint such person is at
good faith to file a complaint under section 120B to prove the complaint is a mere
conspiracy against him.
·
Section
182: This section deals with protecting
the interest of the person against his spouse if the wife submitted or provided
false evidence for the public servant to act accordingly.
·
Section 191:
This section states that person can file a complaint under this section,
raising doubt on all the documents presented by his wife to authority seeking
benefits of false evidence.
·
Section 504:
This section deal with any act by spouse or communication by way of oral or
written to provoke the other party in acting against with an intent to make it a
reason for filing a complaint or instigating a situation of violence to provide
evidence to false accused.
The
Apex court states that any person filing FIR does not conclude with translating
it into the immediate arrest of the person against whom a complaint hasbeen
filed. The court hastime and again reiterated the cardinal principle of
“presumption of innocence” where it states that every person is to be treated as
innocent until proven guilty. In the case of Advait Amrish Goel v/s Mukesh
school of technology,it was laid down that mere filing of the FIR would not be
understood as gospel truth.
In
the case of Arnesh Kumar v/s State of Bihar the apex court states that section
41 of Criminal Procedure Code, 1973 should be implemented and practised by the
police if any cases have been registered under section 498A of IPC. Further, it
states that there should a change in police arrest techniques a human
conception should be applied to every case depending on the gravity and police
acumen to take the next step. Arresting a person on the filing of FIR violates
the cardinal principle of the law,and it also results in the violation of the
rights of the person provided by the Constitution of India. The arrest of any
person in violation of Article 14 that provides equal protection of the law and
equality before the law. It also curtails the freedom of life and liberty thus
should be made proper accordance of the law. The law provides the authority to
arrest a person without a warrant in the cognizable offence, but it also
restricts the police to arrest of any person chargeable with imprisonment of
more than 7 years under section 4 of the Dowry Prohibition Act, 1960 if the
presiding officer according to him is not satisfied withthe arrest to be made.
The
Apex Court further states that any person on the basis of the cardinal rule and
also if the court has no evidence to believe either the offence that has been
committed or under argument provided by the counsel has reason to believe of
being harmless should be provided bail until the matter concluded.
Conclusion
Mental illness contributes to one’s health in a very
drastic way. We often tend to ignore this aspect as it does not attract any
major law. But right now, it is the need of the hour, that stringent law should
be made which are able to protect and safeguard a man’s mental health that
arises solely due to the false circumstances that a woman creates.
The
family welfare program has been constituted by the government that takes as the
duty to protect the rights of the victim and his family member in cases causing
mental trauma or economical diseconomies. Various groups have been formed in
protecting the rights of men, and they have taken up the issue that is causing
them serious consequences in their life.
The author of this blog/Article
is Kishan Dutt Kalaskar, a Retired Judge and practising advocate
having an experience of 35+ years in handling different legal matters. He
has prepared and got published Head Notes for more than 10,000 Judgments
of the Supreme Court and High Courts in
different Law Journals. From his
experience he wants to share this beneficial information for the individuals
having any issues with respect to their related matters .
Author
:
Kishan Dutt Kalaskar
Advocate (Retired Judge)
Bengaluru-560003
Mob: 9686971935
Nagpur, India
Mumbai, India
Thane, India
Kolkata, India
DAYS
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"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"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.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
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.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
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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