Business Laws

To start anything we must ensure that whatever business we are going to start it should have a legal entity, also no one makes fraud in business there are some laws for better and smooth business run.

The Business Laws are all about.
The Indian Contract Act,1872
The Sales of Goods Act,1930
The Indian Partnership Act,1932
The Limited Liability Partnership act,2008
The Companies Act,2013

And Various Legislations are enacted of the existing legislation. these legislation are updated and are amended with various time to time

The Indian Contract Act,1872

The Indian Contract Act, 1872 prescribes the law relating to contracts in India and is the key act regulating Indian contract law. The Act is based on the principles of English Common Law. It is applicable to all the states of India. It determines the circumstances in which promises made by the parties to a contract shall be legally binding. Under Section 2(h), the Indian Contract Act defines a contract as an agreement which is enforceable by law. The Act as enacted originally had 266 Sections, it had a wide scope

1. Offer 2(a): When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.

2. Acceptance 2(b): When the person to whom the proposal is made, signifies his assent there to, the proposal is said to be accepted.

3. Promise 2(b): A Proposal when accepted becomes a promise. In simple words, when an offer is accepted it becomes a promise.

4. Promisor and promisee 2(c): When the proposal is accepted, the person making the proposal is called as promisor and the person accepting the proposal is called as promisee.

5. Consideration 2(d): When at the desire of the promisor, the promisee or any other person has done or abstained from doing or does or abstains from doing or promises to do or to abstain from doing something such act or abstinence or promise is called a consideration for the promise. The price paid by one party for the promise of the other Technical word meaning QUID-PRO-QUO i.e. something in return.

6. Agreement 2(e): Every promise and set of promises forming the consideration for each other. In short,

{\displaystyle agreement=promise+consideration.}{\displaystyle agreement=promise+consideration.}

7. Contract 2(h): An agreement enforceable by Law is a contract.

Therefore, there must be an agreement and it should be enforceable by law.

8. Reciprocal Promises 2(f): Promises which form the consideration or part of the consideration for each other are called 'reciprocal promises'.

9. Void agreement 2(g): An agreement not enforceable by law is void.

10. Voidable contract 2(i): An agreement is a voidable contract if it is enforceable by Law at the option of one or more of the parties there to (i.e. the aggrieved party), and it is not enforceable by Law at the option of the other or others.

11. Void contract 2(j): A contract becomes void when it ceases to be enforceable by law.

The Sales of Goods Act,1930

The Indian Sale of Goods Act, 1930 is a Mercantile Law, which came into existence on 1 July 1930, during the British Raj, borrowing heavily from the Sale of Goods Act 1893. It provisions for the setting up of contracts where the seller transfers or agrees to transfer the title (ownership) in the goods to the buyer for consideration. It is applicable all over India, except Jammu and Kashmir. Under the act, goods sold from owner to buyer must be sold for a certain price and at a given period of time. The act was amended on 23 September 1963 and was renamed to the Sale of Goods Act, 1930. It is still in force in India

The definitions as per Section II (s.2 Of Sale of Goods Act 1930) of the Act are as follows:

Contract

A Contract of Sale is:an offer to buy for a price, or An offer to sell goods for a price, and the acceptance of such an offer.A contract may provide for:the immediate delivery of the goods, or

immediate payment of the price, orthe immediate delivery of the goods and payment both, or

for the delivery or payment by installments, or that the delivery or payment or both shall be postponed.per the Section 5 sub-clause (2) - Subject to the provisions of any law for the time being in force, a contract of sale may be made-

in writing or

by word of mouth, or

partly in writing and partly by word of mouth or

maybe implied from the conduct of the parties.

Goods

Goods are every kind of moveable property other than actionable claims and money, and include:

Stock and shares,

Growing crops,

Grass, and

Things attached to or forming part of the land which is agreed to be severed before sale or under the contract of sale.

Future goods are goods that are to be:

manufactured, or

produced, or

acquired, by the seller after making of the contract of sale

According to the act, the goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or future goods and there may be a contract for the sale of goods the acquisition of which by the seller depends upon a contingency which may or may not happen. Whereby a contract of sale the seller purports to effect a present sale of future goods, the contract operates as an agreement to sell the goods.

The Indian Partnership Act, 1932

The Indian Partnership Act, 1932 was enacted in India in 1932. The Indian Partnership Act 1932 defines a partnership as a relation between two or more persons who agree to share the profits of a business run by them all or by one or more persons acting for them all. Section 27 of the Indian Contract Act, 1872, such contracts may provide that a partner shall not carry on any business other than that of the firm while he is a partner.

The Limited Liability Partnership act,2008

The Limited Liability Partnership Act, 2008 was enacted by the Parliament of India to introduce and legally sanction the concept of LLP in India. Unlike the general partnerships in India, LLP is a body corporate and legal entity separate from its partners, have Perpetual succession and any change in the partners of a LLP shall not affect the existence, rights or liabilities of the LLP.


LLP is a corporate business vehicle that enables professional expertise and entrepreneurial initiative to combine and operate in flexible, innovative and efficient manner, as a hybrid of companies & partnerships providing benefits of limited liability while allowing its members the flexibility for organizing their internal structure as a partnership.[2] LLP is a legal entity partnership act.

Separate Legal Entity- Continue its existence irrespective of changes in partners,
LLP itself can enter into contracts and hold properties,
Partners' Liability limited to the agreed contribution,
Professional & Non-professional (Businessmen), both can set up LLP.

The Companies Act,2013

The Companies Act 2013 is an Act of the Parliament of India on Indian company law which regulates incorporation of a company, responsibilities of a company, directors, dissolution of a company.

Reason for PubG banned in India!

Ministry of Information & Technology bans PUBG and 118 other mobile applications

Government blocks 118 mobile apps which are prejudicial to sovereignty and integrity of India, Defence of India, Security of State and Public Order: Govt of India

About the Game

PlayerUnknown's Battlegrounds (PUBG) is an online multiplayer battle royale game developed and published by PUBG Corporation, a subsidiary of South Korean video game company Bluehole.

Is it a Chinese app?

The answer is yes, the PUBG Mobile game is developed by the Chinese company Tencent, which automatically makes it a Chinese application. However, the PUBG game does not have a Chinese origin as the game is made by the Korean gaming company, Bluehole. Interestingly, Tencent has bought a 10 per cent stake in Bluehole, which might raise some eyebrows. However, the same company has an investment in major gaming companies including Riot Games, Epic Games (Fortnite creator), Ubisoft, Activision Blizzard and more

Reason for the Game to be banned

   The reason for the ban goes back to the political tension between India and China arising out of the Galwan Valley attacks that happened in the month of June.The government is considering a ban on the battle royale format game over data security concerns. While the fate of the game is not known, it is always good to be prepared. In case, the game gets banned in India, gamers need not worry as there are other worthy alternatives available. One of it reason can be national security.

Read the below IT Act,2000 to be understood for why such decsion are taken by the govt.

The Information Technology Act, 2000

THE INFORMATION TECHNOLOGY ACT, 2000

1 Short title, extent, commencement and application. -

(1) This Act may be called the Information Technology Act, 2000.

(2) It shall extend to the whole of India and, save as otherwise provided in this Act, it applies also to any offence or contravention thereunder committed outside India by any person.

(3) It shall come into force on such date ¹ as the Central Government may, by notification, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision.

² [(4) Nothing in this Act shall apply to documents or transactions specified in the First Schedule: Provided that the Central Government may, by notification in the Official Gazette, amend the First Schedule by way of addition or deletion of entries thereto.

(5) Every notification issued under sub-section (4) shall be laid before each House of Parliament.]

(a) a negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable Instruments Act, 1881 (26 of 1881);

(b) a power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882 (7 of 1882);

(c) a trust as defined in section 3 of the Indian Trusts Act, 1882 (2 of 1882);

(d) a Will as defined in clause (h) of section (2) of the Indian Succession Act, 1925 (39 of 1925), including any other testamentary disposition by whatever name called;

(e) any contract for the sale or conveyance of immovable property or any interest in such property;

(f) any such class of documents or transactions as may be notified by the Central Government in the Official Gazette."

2 Definitions. -

(1) In this Act, unless the context otherwise requires,-

(a) "access", with its grammatical variations and cognate expressions, means gaining entry into, instructing or communicating with the logical, arithmetical or memory function resources of a computer, computer system or computer network;

(b) "addressee" means a person who is intended by the originator to receive the electronic record but does not include any intermediary;

(c) "adjudicating officer" means an adjudicating officer appointed under sub-section (1) of section 46;

(d) "affixing ³ [electronic signature]", with its grammatical variations and cognate expressions means adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of ³ [electronic signature];

(e) "appropriate Government" means as respects any matter,-

(i) enumerated in List II of the Seventh Schedule to the Constitution;

(ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution, the State Government and in any other case, the Central Government;

(f) "asymmetric crypto system" means a system of a secure key pair consisting of a private key for creating a digital signature and a public key to verify the digital signature;

(g) "Certifying Authority" means a person who has been granted a licence to issue a ³ [electronic signature] Certificate under section 24;

(h) "certification practice statement" means a statement issued by a Certifying Authority to specify the practices that the Certifying Authority employs in issuing ⁴ [Electronic Signature] Certificates;

⁵ [(ha) "communication device" means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image;]

(i) "computer" means any electronic, magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication facilities which are connected or related to the computer in a computer system or computer network;

⁶ [(j) "computer network" means the inter-connection of one or more computers or computer systems or communication device through-

(i) the use of satellite, microwave, terrestrial line, wire, wireless or other communication media; and

(ii) terminals or a complex consisting of two or more inter-connected computers or communication device whether or not the inter-connection is continuously maintained;]

(k) "computer resource" means computer, computer system, computer network, data, computer data base or software;

(l) "computer system" means a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files which contain computer programmes, electronic instructions, input data and output data that performs logic, arithmetic, data storage and retrieval, communication control and other functions;

(m) "Controller" means the Controller of Certifying Authorities appointed under sub-section (l) of section 17;

(n) "Cyber Appellate Tribunal" means the Cyber ⁷ [***] Appellate Tribunal established under sub-section (1) of section 48;

⁸ [(na) "cyber cafe" means any facility from where access to the internet is offered by any person in the ordinary course of business to the members of the public;]

⁸ [(nb) "cyber security" means protecting information, equipment, devices computer, computer resource, communication device and information stored therein from unauthorised access, use, disclosure, disruption, modification or destruction;]

(o) "data" means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer;

(p) "digital signature" means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3;

(q) "Digital Signature Certificate" means a Digital Signature Certificate issued under sub-section (4) of section 35;

(r) "electronic form", with reference to information, means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device;

(s) "Electronic Gazette" means the Official Gazette published in the electronic form;

(t) "electronic record" means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche;

Can COVID-19 PANDEMIC OR LOCKDOWN be the Excuse to the Businessmen as An Act Of God?

Force Majeure/Act of God

An act of God is a phrase used to describe an event outside of human control, such as a natural disaster.

Force majeure is a French term meaning “superior force”. It is a common contractual clause that essentially negates the liability of a party when an extraordinary event or circumstance takes place beyond the control of the parties. The examples of the same can be war, riots, strikes, etc. Other than that there could be a natural phenomenon like earthquakes, hurricanes, floods, etc. which fall under the common bracket of ‘Act of God’. This clause prevents the parties from fulfilling their obligations under the contract.

Order 7 Rule 11(a) – Rejection of plaint where it does not disclose a cause of action.

As per Section 26 of the Code of Civil Procedure, 1908, every suit has to be instituted by the presentation of a plaint or in such other manner as may be prescribed. As per Black’s law dictionary, a plaint is a private memorial tendered in open court to the judge, where the party injured sets forth his cause of action.

A cause of action is a bundle of facts which are required to be proved for obtaining relief (Mayar (H.K.) Ltd. v. Owners & Parties, Vessel M.V. Fortune Express; (2006) 3 SCC 100). In other words, a bundle of facts, which is necessary for the plaintiff to prove in order to succeed in the suit (Bloom Dekor Ltd. v. Subhash Himatlal Desai and Ors.; (1994) 6 SCC 322).

In a generic and wide sense “cause of action” means every fact, which it is necessary to establish to support a right to obtain a judgment(Sadanandan Bhadran v. Madhavan Sunil Kumar; 1998 CriLJ 4066).

“cause of action” consists of a bundle of facts, which give cause to enforce the legal inquiry for redress in a court of law. In other words, it is a bundle of facts, which taken with the law applicable to them, gives the plaintiff a right to claim relief against the defendant. It must include some act done by the defendant since in the absence of such an act no cause of action would possibly accrue or would arise (South East Asia Shipping Co. Ltd. v. Nav Bharat Enterprises Pvt. Ltd. and Ors.; 1996 (3) SCR 405).

In case, a plaint fails to disclose a cause of action, the plaint is liable to be rejected under Order VII Rule 11(c) of the Code of Civil Procedure, 1908. In the present movie, the Defendant took the said defence as no cause of action against the religious heads were made out on account of the earthquake being caused to the protagonist’s shop. However, the said defence was sort of rejected in the movie. As per us, it will be accepted in the real world.

EFFECT ON BUSINESSMEN 

Most of the businessmen are disturb because of this pandemic disease Covid-19 even the small vendors in a great shuffle in such there comes a law for those who have given or taken responsibility for the agreement for the supply of products or goods for a period of time or within the period of time. many are in the contract in which they have given their consent which can not be revoked until both the acceptor and proposer are agreed on a particular agreement. 

CONTRACT LAW

In the law of contracts, an act of God may be interpreted as an implied defense under the rule of impossibility or impracticability. If so, the promise is discharged because of unforeseen occurrences, which were unavoidable and would result in insurmountable delay, expense, or other material breach.

Under the English common law, contractual obligations were deemed sacrosanct, so failure to honour a contract could lead to an order for specific performance or internment in a debtor's prison. In 1863, this harsh rule was softened by the case of Taylor v Caldwell which introduced the doctrine of frustration of contract, which provided that "where a contract becomes impossible to perform and neither party is at fault, both parties may be excused their obligations". In this case, a music hall was burned down by act of God before a contract of hire could be fulfilled, and the court deemed the contract frustrated.

In other contracts, such as indemnification, an act of God may be no excuse, and in fact, may be the central risk assumed by the promisor—e.g., flood insurance or crop insurance—the only variables being the timing and extent of the damage. In many cases, failure by way of ignoring obvious risks due to "natural phenomena" will not be sufficient to excuse the performance of the obligation, even if the events are relatively rare: e.g., the year 2000 problem in computers. Under the Uniform Commercial Code, 2-615, failure to deliver goods sold may be excused by an "act of God" if the absence of such act was a "basic assumption" of the contract, and the act has made the delivery "commercially impracticable".

Recently, human activities have been claimed to be the root causes of some events previously considered natural disasters. In particular:

Geothermal injections of water provoking earthquakes (Basel, Switzerland, 2003)

Drilling provoking mud volcano (Java, 2008)

Such events are possibly threatening the legal status of acts of God and may establish liabilities where none existed until now. Another issue in the law of contracts is whether the terms of contracts be complied upon in the case of an epidemic.

As a general principle of act of God,epidemic can be classified as an act of God if the epidemic was unforeseeable and renders the promise discharged if the promisor cannot avoid the effect of the epidemic by the exercise of reasonable prudence, diligence, and care, or by the use of those means which the situation renders reasonable to employ.

TORT LAW

An act of God is an unforeseeable natural phenomenon.

1. which involves no human agency
2. which is not realistically possible to guard against
3. which is due directly and exclusively to natural causes and
4. which could not have been prevented by any amount of foresight, plans, and care.

Ram Janmabhoomi- Babri Masjid Dispute
Author- Mohd Shamshad Ahmad
Co-Author- Adnan Athar Quraishi

Introduction

In 1528, first Mughal Emperor of India Zaheer-ud-din Mohammad Babur build a mosque named as Babri-Masjid, and it was built by his commander Mir Baqi according to the recognition. But according to Hindu mythology it was the birth place of Lord Rama or infant as Ram Lalla. After that in 1859 the first dispute arose and The British Government created a bond of wires on the land and give a permission to both the parties Hindu and Muslim to worship there respected Gods in Inner and outer area of the land. The inner land was appointed to the Muslims and the outer courtyard was appointed to Hindus for the worship. After 357 years of established Mosque the matter first time went to Court in 1885. Regarding with the disputed land Mahant Raghubeer Das filed a suit in Faizabad District Court for the construction of roof in outer courtyard but the trial was running and delaying. After the Independence in 1949, 23rd  December a statue of Lord Rama was placed under the main dome of the mosque and after that Hindus started worshiping regularly and Muslims stopped praying from that time. On 16th January 1950 Gopal Shimla Visharat field an appeal in  Faizabad Court for a special permission sought to worship Ram Lalla. On 17th December 1959 Nirmohi Akhara filed a case to modify the disputed land. After that in 1961, 18th December Sunni Waqf Board of Uttar Pradesh filed a case for the ownership of Babri Masjid. On 1st February 1986 local court orders the government to open the sites for Hindu worshippers. After that on 25th September 1990 L.K. Advani starts nationwide Rath Yatra from Somnath in Gujarat. On 6th December 1992 Babri Masjid was demolished by karsevaks.

In April 2002 Allahabad High Court begins hearing on ownership of disputed site. After that on Sept.30 2010 High Court in a 2:1 majority rule 3 way division of disputed area between Sunni Waqf Board, Nirmohi Akhara and Ram Lalla. In the judgment Hon’ble Justice Khan stated that
“both Muslims And Hindus have failed to prove a title over the land. Muslims have failed to prove that the land belonged to Babar under whose orders the mosque was constructed and even the Hindus have not proved that there was a temple existed before the mosque was constructed.”
After the judgment came on the verdict none of the parties were satisfied with this judgment and appealed in the Supreme Court challenging this judgment. 11 other parties also filed a special leave petitions before the Supreme Court challenging the 2010 Allahabad High Court verdict. The Supreme Court stayed the verdict on 9th May 2011.

On 2017 March 21st CJI Justice J.S.Khehar suggest out of court settlement among rival parties, then after on Jan. 25th 2019 SC reconstitutes 5- member Constitution Banch to hear the case as Justice U.U Lalit recuses. The new bench has CJI Gogoi, Justice Bobde, Chandrachud, Ashok Bhushan And S.A. Nazir. On 2019 May 9 the three member mediation committee submits interim respects to SC. After that Aug. 1 report of mediation submitted in sealed cover to SC. On Aug 6th SC commences day to day hearing on the disputed land. After that on Oct. 16th  2019 the SC concludes hearing and reserves order.

On November 9th 2019 SC came with the judgment on the disputed land and he stated that
“A temple will come up on the 2.77 acres of disputed land in Ayodhya and a five-acre plot at an
alternate site will go for the building of a mosque, the Supreme Court said in a landmark verdict
on the century-old politically sensitive temple-mosque dispute. The five-judge bench led by Chief
Justice Ranjan Gogoi, said they should "ensure that a wrong committed must be remedied".
The Sunni Wakf Board will be granted five acres of land in a "suitable, prominent place in
Ayodhya", the top court said, adding that the Muslims should not be deprived of a structure. The
location of the alternate site will be decided by the Central or the state government, the bench
said.

The dispute involved 2.77 acres of land in Ayodhya, which right-wing activists believe was the
birthplace of Lord Ram. A 16th Century mosque - said to have been built by the Mughal
Emperor Babur -- which stood at the spot was razed in December 1992 by right-wing activists.
The Muslims were dispossessed upon the desecration of the mosque on 22/23 December 1949
which was ultimately destroyed on 6 December 1992, the court said.

"There was no abandonment of the mosque by the Muslims. This court in the exercise of its
powers under Article 142 of the Constitution must ensure that a wrong committed must be
remedied. Justice would not prevail if the Court were to overlook the entitlement of the Muslims
who have been deprived of the structure of the mosque through means which should not have
been employed in a secular nation committed to the rule of law.

Explaining its decision to grant the disputed site for a temple, the court said, the Archaeological
Survey of India has found evidence that the 16th Century mosque of Mughal Emperor Babar was
not built on vacant land.

"On balance of probabilities, the evidence in respect of the possessory claim of the Hindus to the
composite whole of the disputed property stands on a better footing than the evidence adduced
by the Muslims,”




Conclusion
With all due respect the judgment given by the Hon’ble Supreme Court of India and as a respected person and a citizen of India me and myself respect the judgment and agree with the Hon’ble Supreme Court but some of the things in my opinion are unjust and raising some doubts in my mind as a student of Constitution.

Justice J.S Verma former CJI of India and also he was a chairman of national human rights commission from 1999 to 2003, and also chairman of justice Verma committee report on amendments to criminal law after the 2012 Delhi gang rape case.

 Justice J.S. Verma said that “ Supreme Court is indeed Supreme but no infallible” And in many cases in the history of judgment of Supreme Court it has been over-ruled the previous judgment with the review petition to higher bench. In Golak Nath v. State of Punjab 1967  11 member Constitution Bench said with 6:5 majority that any part of the fundamental rights cannot be amended which are sacro-sanct in nature and kept out of reach of parliament. After that Supreme Court over-ruled the judgment of Golak Nath in Kesavananda Bharti v. State of Kerala 1973  with 13 member constitutional bench with 7:6 majority stated that the parliament can amend the Constitution but cannot change the basic structure of the Constitution and in recent Sabrimala Case judgment has been reviewed for the 7 member constitutional bench against the previous judgment.

The Hon’ble Supreme Court on Ayodhya verdict said that in 1949 the statue of Lord Rama placed under the central dome of the mosque was illegal and also the demolition of Babri masjid in 1992 was totally illegal and un-constitutional and also stated that the mosque was built by Babur in 16th century and also further said that the mosque built on land was not made after the demolition of a temple. The Hon’ble Supreme Court is the Guardian of the Constitution of India After Constitution came into existence minority were offering prayers till 1949 by the Supreme Court in his judgment that there is a proof. Many peoples has witness the mosque with there eyes. A place where namaz offered and there was a mosque then the minorities have the rights to save their right to freedom of religion, in constitution of India they have this as a fundamental rights and it is the responsibility of Hon’ble Supreme Court to safeguard the fundamental right of the people of India. Whatever have happened in the ancient past history we cannot correct all the things then many such temples and mosques will go to break, depending on the history and it is not the responsibility of the Hon’ble Supreme Court to correct it.

And in the last I would like to conclude last opinion that the disputed land shouldn’t have given to the Ram Lalla party. This was the claim of VHP and Bajrang Dal, due to this they can demolish any mosque on the basis of history. I’m very worried because many people will not say these things clearly as I said, “Justice A.K. Ganguly former judge of Supreme Court” and he further said  “the correct decision would be either I had said to built a mosque again or if the place is disputed then there would be no mosque or temple built. You should have built a hospital or school there on disputed land”.
 
 

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In Supreme Court, When the Most Expensive Lawyer said:" My Lord my Client is Poor..", The Judge Smiled.

• An interesting moment came during a hearing in the Supreme Court
• Mukul Rohatgi, one of the country's most expensive lawyers, said his client is poor
• On hearing this, the judge sitting in court started laughing An interesting moment came in the New Delhi Supreme Court on Friday when Mukul Rohatgi, one of the most expensive people in the country, said, "My Lord my client is poor, then the judge smiled." On this, Mukul Rohatgi said, "My Lord, now I have started seeing the case of the poor."

Actually, the land acquisition case was going on. A bench led by Justice Arun Mishra was hearing the case through video conferencing. During this time, the judge was wearing a mask and was also wearing gloves. Senior Advocate and former Attorney General Mukul Rohatgi, appearing on behalf of the party were appearing. Mukul Rohatgi said during the hearing that my lord you are taking all the security measures and are happy to hear that. Then Justice Arun Mishra said that you are also happy to see that you are connected to your Chamber through video conferencing. Significantly, the Chambers were closed in the Supreme Court due to Corona which was opened on Friday after which the lawyers are appearing from their Chambers only through video conferencing.

Rohatgi said, my client is poor, the judge laughed as soon as he heard
When the hearing went ahead, Mukul Rohatgi, while appearing for his client, pleaded the case that his client is poor and he should be given relief. Justice Arun Mishra smiled at this. On this, Mukul Rohatgi understood the urgency of the occasion and then said that My Lord, I have now started advocating for the poor. Now the legal fraternity has changed. We fight for the poor. In fact, Mukul Rohatgi is one of the most expensive lawyers in the country and when he pleaded that his client is poor, the situation became such that the judge smiled.

https://navbharattimes.indiatimes.com/india/indias-most-expensive-lawyer-mukul-rohatgi-says-in-supreme-court-my-client-is-poor-the-judge-smiled/articleshow/75888723.cms

If you are a two-wheeler or four-wheeler driver in India, then at least once in your life, you would have been pull over by the traffic police. And It is the job of a traffic policeman to maintain smooth movement of traffic on the roads. He/she also prevents any rule-breaking. However, many of us would not be aware of the reason why we are being asked to pull over. This is when one should be aware of their rights.

There is nothing much to worry if you are stopped by traffic police, but there are some rights that as a commuter you should know:

Here are some points which should be kept in mind when a Traffic Police Stop You because there are a lot of misconceptions about the power of traffic policemen. The myths surrounding the rights of commuters are also in plenty. Here are some of the rights a commuter should be aware of:

•  Traffic police are required to carry a challan book or e-challan machine in order to penalize you. Without having any of these, the police cannot penalize you.

• . If you are stopped by traffic police, usually the first thing is that you must stop your vehicle and produce documents required by the officer. Remember you are only required to show the driving license to the police. It is completely your choice if you want to hand over the documents or not. Section 130 of the Motor Vehicle Act categorically states that the driver of a motor vehicle in any public place shall on demand by any police officer in uniform produce his license for examination. As you can see the law only says, “produce” and not hand over.

•  You must avoid an argument with the police and cooperate. In case if you have made any mistake, just explain it to the police and they might even let you go.

•  You can be penalized for jumping a red light, improper and obstructive parking, driving without helmet, overspeeding, smoking in the vehicle, not displaying number plate, driving without a license, a vehicle without registration, valid insurance or valid pollution under control certificate are all offences under Motor Vehicles Act.

•  Never succumb to the illegal demands of the police. Do not attempt to bribe the traffic police. Note down the buckle number and his name. In case if he is not wearing his buckle, ask him for his identity card. If he refuses to give you his identity card you can refuse to give him documents.

•  If the police officer is an officer of rank sub-inspector or above then you can settle the offence by paying the fine.

• In case if you are driving without license or permit, police may detain your vehicle. Police may also detain your vehicle if it is not registered.

•  Without a valid receipt, traffic police cannot take away your driving license. Your driving license can be seized if you jump the red light, overloading, drunken driving, and using the mobile phone while driving.

•  Traffic police cannot tow your car as long as you are sitting in it. You have to vacate your vehicle before they can tow your car.

•  If you are detained by traffic police for the offense then you must be produced before the magistrate within 24 hours, for the trial.

• If traffic police harass you then you can file a complaint with the police, stating the particulars of the entire incident.

•  Assistance Sub-Inspector (ASI) or above Traffic police has the right to ask you to produce because not every police (constable or police its only traffic police whose job is to ask )

• . Anyone can complain through the mail, letter, etc.to Traffic Police DSP or SP, if there is a misuse of the rule or, may harass you.

•  It is not necessary for the commuter to produce the above in a hard copy but can use Digital Locker for keeping the document and to show them

• There are 3 modes of Challan which are: On the Spot , Camera , Court Challan

In case if a prosecution slip or challan is issued to you, ensure it contains the following details

• Name and address of the court where the offence will be trialed
• Details of the offence committed
• Date of trial
• Vehicle details
• Name and address of the offender
• Name and signature of the challaning officer
• Details of the documents retained

Hurt & Grievous Hurt: Things to know about  Section 319 & 320.

 Hurt

Hurt may be described as the bodily pain that is resulting from real contact with the frame by an aggravated assault. There’s no radical difference between assault and harm. Section 319 of the Indian Penal Code, 1860 (hereinafter “IPC”) defines hurt as: “whoever reasons bodily pain, disorder or disease to any man or woman is said to have caused harm.” The section does not outline the offence of inflicting harm. It defines best the time period hurt and does not describe the situations underneath which it can be brought on. 

To constitute any one or more of essentials of simple hurt must be present:

• Bodily Pain
• Infirmity to another
• Disease

Section 319. Hurt.- Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

Hurt means causing of pain, disease or infirmity by any person to another.Which Should not be caused by direct physical contact between the accused and the victim. Hurt must have been caused by some voluntary act of the accused. Causing of nervous shock or mental derangement by some voluntary act of the offender is covered by this action. The duration of the state of the mental infirmity is immaterial. Acts which or neither intended nor likely to cause death amount to hurt or grievous hurt according to the nature of the injury caused even though death has resulted therefrom 

Bodily Pain-

 Bodily Pain, except so slight a harm of which no person of ordinary sense or temper would complain of, is covered by the definition of hurt under the section 319 of the IPC,1860. 

Infirmity-

Infirmity means inability of an organ to perform its normal function which may either be temporary or permanent.Its denotes an unsound or unhealthy state of the body or mind; such as a state of temporary impairment or hysteria or terror. 

Section 321. Voluntarily Causing Hurt.—Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said: “voluntarily to cause hurt”.

Section323. Punishment for voluntarily causing hurt -323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Grievous hurt.

320. Grievous hurt.—The following kinds of hurt only are desig­nated as “grievous”:—

(First) — Emasculation.(Secondly) —Permanent privation of the sight of either eye.(Thirdly) — Permanent privation of the hearing of either ear,(Fourthly) —Privation of any member or joint.(Fifthly) — Destruction or permanent impairing of the powers of any member or joint.(Sixthly) — Permanent disfiguration of the head or face.(Seventhly) —Fracture or dislocation of a bone or tooth.(Eighthly) —Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

(1) Emasculation: The first type of grievous hurt is depriving a person of his virility. This clause is confined to men and was inserted to counteract the practice commonplace in India for women to squeeze men’s testicles at the slightest provocation. Emasculation can be resulting from causing such harm to the scrotum of a person as has the effect of rendering him impotent. The impotency prompted ought to be permanent, and no longer simply temporary and curable. 

(2) Injuring eyesight: Some other injury of identical gravity is the permanent deprivation of the sight of either eye or of both the eyesight. Such harm has to have the effect of permanently depriving the injured of the usage of one or both of his eyes. The test of gravity is the permanency of the harm because it deprives a person of the usage of his sight and additionally disfigures him.

(3) Inflicting deafness: The everlasting deprivation of hearing of both ears is less serious than the above-mentioned harm as it does no longer disfigure a person, however handiest deprives him of using his ear. But, it’s serious damage depriving someone of his sense of listening to. The deafness has to be permanent to attract this provision. Such harm may be resulting from blow given on head, ear or the one’s elements of the head which speak with and injure the auditory nerves or with the aid of thrusting a stick into the ear or placing into ear a substance which reasons deafness.

(4) Loss of limb: Everlasting deprivation of any member or joint is some other grievous hurt, whereby a person is rendered much less able to guard himself or to harass his adversary. ‘member’ method not anything extra than an organ or a limb. ‘Joint’ refers to an area where two or more bones or muscle mass be a part of. Their permanent deprivation needs to involve such damage to them as makes them permanently stiff, so that they are not able to perform the everyday function assigned to the human body structure. 

(5) Impairing of a limb: The deprivation of a person to the use of member or joint includes lifelong crippling and makes a person defenceless and depressing. The provision speaks of destruction or permanent impairing of their powers, which might encompass no longer only overall however additionally a particular use of the limb or joint. Any permanent decrease of their utility would constitute grievous hurt. 

(6) Everlasting disfiguration of the pinnacle or face: ‘Disfigure’ means to do a person a few outside hurts which detract from his private look, but does not weaken him. Branding a ladies cheek with red warm iron, it leaves permanent scars, amounts to disfiguration. a cut at the bridge of the nostrils of a woman due to a sharp weapon has been held to be everlasting disfigurement despite the fact that the inner wall become intact. 

(7) Fracture or dislocation of a bone or teeth: It’s far every other species of grievous harm, which may additionally or may not be attended with everlasting disability. A fractured or dislocated bone may be set or rejoin, but on account of the extreme suffering to which it gives upward thrust, the harm is named as grievous. The number one means of the word fracture is ‘breaking’, though it isn’t always essential in case of fracture of the cranium bone that it should be divided into separate parts due to the fact it may consist simply of a crack; but if it is a crack, it must be a crack which extends from the outer floor of the skull to the inner surface. If there may be spoil with the aid of cutting or splintering of the bone or there is a break or gap in it, would add up to a crack inside the importance of clause 7 of Section 320. What must be seen is whether the cuts during the bones saw in the damage report are just shallow or do they impact a break in them. ‘Dislocation’ implies dislodging, being applied to a bone expelled from its typical associations with a neighbouring bone. A bone moved out of its attachment or put out of its joint is a disjoint bone. 

(8) Any hurt which risks life or which causes the victim to be during the time of days in severe bodily pain, or unable to follow his ordinary pursuits.

Section 321. Voluntarily Causing Grievous Hurt.—Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”.

325. Punishment for voluntarily causing grievous hurt.—Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Cases on the Grievous Hurt.

State Of Gujarat vs Shankerji Chaturji And Ors. on 8 October, 1996

Sudhakar Naik And 13 Ors. vs State And 3 Ors. on 17 June, 1996

Y.P. Baiju vs State Of Kerala And Ors. on 30 October, 2007

Narinder Singh & Ors vs State Of Punjab & Anr on 27 March, 1947

Bheru Singh vs State Of Rajasthan And Ors. on 2 April, 2002

   

Difference Between Grievous Hurt and Hurt:

No	Hurt	Grievous hurt
1.	Definition: Hurt defined under Section 319 of  the Indian Penal Code- “Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.”	Definition: According to Section 320 of Indian Penal Code - The following kinds of hurt only are designated as "grievous" - First - Emasculation. Secondly - Permanent privation of the sight of either eye. Thirdly - Permanent privation of the hearing of either ear. Fourthly - Privation of any member or joint. Fifthly - Destruction or permanent impairing of the powers of any member or joint. Sixthly - Permanent disfiguration of the head or face. Seventhly - Fracture or dislocation of a bone or tooth. Eighthly - Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
2	The nature of Hurt is simple	The nature of Grievous hurt is grievous.
3	It Covers bodily pains disease or infirmity to any person	According to Section 320 there are eight kinds of hurt which are said grievous in nature.
4	The offence is non-cognizable, bailable and triable by any Magistrate	The offence is cognizable, bailable, compoundable with the permission of the Court before which any prosecution of such offence is pending and triable by any Magistrate .
5	Punishment : Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. (Section 323 IPC)	Punishment : Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.(Section 325 IPC)