Adongo Winfrey
28 April 2023 at 06:46
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Anonymous
27 April 2023 at 21:44
MOOT PROBLEM SADHANA, an NGO V. Union of India and Others Five people were hit by a blue Volkswagen car in the state of Samata Pradesh, Union of India on February 12, 2009. The initial testimonies and a 20-minute film recorded next morning led the police to conclude that the hit-and-run was caused by three young drunk men. These three people were Siddhanth, Manik and the alleged driver Sanjeev, who is the grandson of a former General of the Indian Army, and son of a well known arms dealer. This case came into lime light and caused public uproar on the evening of 25th July, 2009, when two senior advocates – Mr. Khanna, who was the Special Public Prosecutor in the case and Mr. Arun the advocate defending the main accused Sanjeev, son of the former Navy Chief, were shown by PKTV channel allegedly influencing the eyewitness Sunil. The video recording showed the defence lawyer and Sunil getting into a car where they talk of money and of changing testimony. The videos also show a common meeting between the prosecution and the defence lawyer and Sunil where they were trying to persuade him to change his statement and were offering him Rs. 5 crores for the same. ‘SADHANA’, an NGO filed a PIL in the Supreme Court questioning the sting operation and the ‘trail by media’, contending that responsibility of the media is to maintain professional standards by evolving a self-regulatory mechanism, and the sting operation is inconsistent with the freedom of the press. In the PIL the petitioner complained of the impropriety of intruding into the privacy of the people, especially in the absence of stringent laws protecting the privacy in the country. Main contentions of the Petitioner are: 1. Sting operations amount to contempt of court as they deal with matters sub judice and attempt to influence the minds of judges. 2. Sting operations intrude upon the privacy of a person and hence they are not covered by the freedom of speech which covers freedom of press under the Constitution of the country. They are also violative of Art. 12 of Universal Declaration of Human Rights, 1948. 3. Sting operations temp, if not force, someone to commit a crime and encourage law breaking which is unacceptable. It is suggested by the Petitioner that in the event of such sting operations being found constitutional, still they should be allowed only against public servants that too when they are on duty, and further that the media should take prior permission for conducting such operations on the grounds that it would amount to pre-censorship. The matter is posted for final hearing. Counsels are expected to prepare memorandums for Petitioner
Read more at: https://www.lawyersclubindia.com/experts/moot-problem-please-help--236541.asp
Anonymous
27 April 2023 at 17:11
I have availed a car loan from a bank and have a legal agreement in place wherein the dealer shall deliver the vehicle. Since there was a waiting period for the car, the bank has credited the dealer prior to the delivery during the waiting period. Subsequently, the car company cancelled the dealership of the dealer and now the dealer has shut down his showroom. The bank is now following up on the EMIs wherein i did not receive the delivery of the vehicle. It may also be noted that the dealer was acting as a channel partner with the bank and as per the agreement between the bank and the dealer, in case of non delivery of vehicle on disbursement, the bank has the right to receive the amount disbursed or adjust the same from any future payments to be made by the bank to the dealer (channel partner).
When the bank should have collected the money from the dealer , can it force me to collect the loan amount when the same was disbursed directly into the account of the dealer (channel partner of the bank). ?
Anonymous
27 April 2023 at 14:43
Hello Team,
1. My husband has taken gold and money from me for his business.
Partial gold after much of asking he returned.
2. He has leased my flat with a fake documents without my knowledge, now he is not repaying the tenant.
He keeps saying he will pay but not doing. He is passing time, harassing and manhandling me.
He has returned the partial gold with this lease amount.
3. He has convinced me by pleading for a month to sign a loan document, for him to buy a flat.
He has registered the flat in his name.
He has been cheating on me for a long time, i had blindly believed him. Now i understood all his cheating act.
I dont know how to get all those things back from him and get out of this relationship.
Please advice me.
Thanks
V. Swapna
Anonymous
26 April 2023 at 18:56
Aryavarta, a country with a high population density, is celebrated for its diverse array of religions and ethnic groups. Its constitution provides assurances of justice, equality, and liberty to all citizens, while simultaneously promoting a sense of fraternity. The nation boasts a robust executive, with a firm stance on human rights violations, prioritising the principles of natural justice that prohibit unfair punishment.
Rajesh and Priya, two individuals from different castes, fell deeply in love with each other. Despite facing opposition from their families due to their inter-caste relationship, they decided to elope and get married. However, their families were outraged by their decision and saw it as a threat to their "honour." In a brutal act of violence, Priya's father and three brothers tracked down Rajesh's father , mother , grandparents and his 2 siblings and killed them in their sleep. The police were informed, but they were reluctant to take action against Priya's family due to their strong influence in the area. The incident received widespread attention, with the media covering the story and people demanding justice for Rajesh's family.
After months of protests and widespread media coverage, the pressure on the police to take action against the perpetrators of the brutal murders increased. Eventually, evidence against Priya's father and one of her brothers was uncovered, and they were arrested for the crime they committed. The other two brothers, however, were still at large and being hunted by the police. Since two brothers were absconding and had been declared as proclaimed offenders, the trial court split up the case against them. During the trial, the prosecution filed a petition under section 299 of the CrPC to record evidence in the absence of the absconding accused.
As the trial began, it became evident that the accused had used their influence and power to manipulate the local authorities and cover up their crime. However, with the support of the public and the media, the case gained national attention, and the pressure on the judiciary to deliver justice increased. Finally on 1/1/2006, after a long and gruelling trial, the accused were found guilty of the murders, and the court handed down the Life imprisonment to Priya's father and brother.
The government granted them remission and released them prematurely on 15th August 2022 on the eve of the 76th Independence Day. The decision was met with mixed reactions from the public, with some questioning the government's decision to release the convicts who had committed such a heinous crime. Others believed that they had served their time and deserved a second chance. Nevertheless, the release of the convicts sparked a debate on the country's justice system and whether or not it was truly serving justice to the victims and their families.
The premature release of lifers by the state government had been a cause of concern for an NGO "JusticeBridge", who filed a PIL. The NGO argued that it had deeply disturbed the conscience of society. However, the court dismissed the PIL but gave a direction to the state government. The court instructed the government to ensure that the life convict release committee, which is headed by the Principal Secretary of the State Home Department, convenes once every two months. The committee would review and make decisions on the applications submitted by the convicts who are serving life imprisonment.
As Priya's father and brother were released from prison, they were greeted by a large crowd of well-wishers and supporters who hailed them as heroes for suffering for their beliefs and principles. The community continued to celebrate her father and brother as symbols of justice and hope, inviting them to speak at public gatherings and giving them a hero's welcome wherever they went. On 1/1/2023 another tragedy struck when Priya's father, brother, sister-in-law, and 10-month-old nephew were found dead in their room due to carbon monoxide poisoning. It was later discovered that the gas had been released through their air conditioner, leading to their untimely deaths.
Upon arriving at the scene of the crime, the police launched an investigation and soon began to suspect Rajesh and Priya's involvement. After gathering evidence, they were both arrested and charged with multiple counts of murder. Their children were taken into state custody. The ensuing trial received widespread media attention, with the case being dubbed the "Family Poisoning Case." Ultimately, the Principal Sessions Court of Valluvarnadu of Aryavarta sentenced both Priya and Rajesh to death. On 10/04/2023 Priya filed an appeal, citing her pregnancy at the time of the crime and also a petition seeking mercy. .
P Venu Gopal
26 April 2023 at 16:54
Dear Experts
Pranam to all...
Need your valuable help, which helps to a lot of people also.
As all of you know, EPFO announced joint option to get higher pension.
For that, many saying different formats are there for different people i.e. people retired before 01.09.2014, after 01.09.2014, still in service etc.,
Could you please confirm what format I need to submit to avail higher pension in portal
My EPFO contribution started from 05.01.1996 and still having 2 years service to attain age of 58.
Still I am in service of the same organisation.
I understand many of HR people also totally unaware of this scheme process.
Hence, could you please guide (share link of formats applicable to different types of people).
Thanks to all, who guide in this matter.
Kind regards
Venu
Anonymous
26 April 2023 at 16:54
We have Taken Cloud Services From a Company, in the month of july 22. But We had Requested Cancellation of the same on 7th Nov. 2022. Since Then we have not availed their services, Thee Company Has Raised Invoice to Us For the Month of Nov & 31st DEC. 22
Now They have send us a legal notice asking for Payment on Invoice For Services which we have not Taken From them,
What is the legal course of Action i should take.
Veerchandra B Shetty
26 April 2023 at 11:52
I would like to know whether any Custom duty is to be reversed by STPI units for sale of software in DTA sale as EOU units have the liability of reversal of customs duty on duty free inputs used in the manufacture of products sold in local market.
As STPI units do not import any goods for manufacture of software are they still liable to reverse any part of Custom Duty on DTA sale ?
ranga mukku
26 April 2023 at 06:03
Government providing transfers who are willing can apply. But now i am in maternity leave can i apply for transfer during maternity period.
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Contempt proceeding against deceased
In a case, The defendant was ordered by the court to pay a rent of Rs 30K to the petitioner, and on default, contempt proceedings can be initiated by the Petitioner. Now for the last 5 years, the defendant paid the rent to the petitioner. Now defendant died. As per the decree, the petitioner has a right to file contempt proceedings against the defendant. But the defendant is deceased. Can the petitioner file this suit against the legal heir of the defendant?
Now, if the petitioner files the suit, does he need to move an application for bringing legal heirs on record under ORDER XXII, CODE OF CIVIL PROCEDURE?
I am confused by the fact that 1) No suit can be filed against a dead man 2) If we add a legal heir then does the application need to be filed for bringing legal heirs on record under ORDER XXII, CODE OF CIVIL PROCEDURE - What I Understand is Order XXII is applicable when a party dies during the pendency of the suit. But in this case, the suit is disposed of, however, the defendant in his death is violating the order of the court and the contempt suit that which the petitioner is willing to file is not an ongoing suit. It is a fresh suit.