Advocatetanmoy

Parliament Passes Juvenile Justice Amendment Bill 2021- Now District Magistrate can issue adoption orders U/S 61

Posted by Advocatetanmoyon July 29, 2021in CHILDREN

While introducing the bill, Smt. Smriti Zubin Irani, Union Minister for Women and Child Development stressed upon the necessity for entrusting District Magistrates with the responsibility of care and protection of vulnerable children in light of the prevailing inadequacies in the system. She recounted the commitment of the Parliament towards prioritising India’s children above all issues.

Indian Govt took comprehensive measures to curb incidence of frauds in banks

Posted by Advocatetanmoyon July 28, 2021in BANKING

RBI Master Circular on Frauds, 2015, observes that frauds are committed by unscrupulous borrowers by various methods including, inter alia, fraudulent discount of instruments, fraudulent disposal of pledged /hypothecated stocks, fund diversion, criminal neglect and mala fide managerial failure on the part of borrowers.

Ministry of Corporate Affairs identified 2,38,223 shell companies between 2018-2021

Posted by Advocatetanmoyon July 28, 2021in Corporate

There is no definition of the term “Shell Company” in the Companies Act and it normally refers to a company without active business operation or significant assets, which in some cases are used for illegal purpose such as tax evasion, money laundering, obscuring ownership, benami properties etc. This was stated by Union Minister of State for Corporate Affairs Shri Rao Inderjit Singh in a written reply to a question in Rajya Sabha today.

Somesh Chaurasia Vs. State of Madhya Pradesh & Anr-22/07/21

Posted by Advocatetanmoyon July 27, 2021July 27, 2021in Bail Matters, Supreme Court Judgments

There are distinct doctrinal concepts in criminal law namely (i) the grant of bail before trial or, what is described as the 'pre-conviction' stage; (ii) setting aside an order granting bail when the principles which must weigh in the decision on whether bail should be granted have been overlooked or wrongly applied; (iii) the post- conviction suspension of sentence under the provisions of Section 389(1); and (iv) the cancellation of bail on the ground of supervening events, such as the conduct of the accused during the period of bail, vitiating the continuance of bail.

Jurisdiction and Power of the Magistrate u/s 156(3) of Cr.P.C if Police denied to file an FIR

Posted by Advocatetanmoyon July 26, 2021July 26, 2021in Criminal Procedure Code 1973

An order under Section 156(3) Cr.P.C. is in the nature of a reminder or intimation to the police to exercise their full powers of investigation under Section 156(1) Cr.P.C. such an investigation begins with the collection of evidence and ends with a report or charge-sheet under Section 173.

Resignation speech of BR Ambedkar from Govt and Parliament following Hindu Code Bill-10/10/1951

Posted by Advocatetanmoyon July 26, 2021July 26, 2021in POLITICAL DOCUMENTS

The Prime Minister’s whole time and attention is devoted for the protection of the Muslims. I yield to none, not even to the Prime Minister, in my desire to give the Muslims of India the utmost protection wherever and whenever they stand in need of it. But what I want to know is, are the Muslims the only people who need protection? Are the Scheduled Castes, Scheduled Tribes and the Indian Christians not in need of protection? What concern has he shown for these communities? So far as I know, none and yet these are the communities which need far more care and attention than the Muslims..

Central Civil Services (Pension)Rules-1972

Posted by Advocatetanmoyon July 25, 2021in All India Services, CIVIL

Employees of Union Territories are also governed by CCS (Pension) Rules, 1972 No distinction between permanent and temporary employees in the application of Pension Rules Temporary Government servant with less than ten years’ service who retires on superannuation, discharged from service, etc., is eligible for gratuity as for permanent Government servant. Government servants transferred from services and posts to which these rules do not apply

Death of SP Mookerjee: Nirmal Chatterjee demanded inquiry in LS by a SC Judge, Congress including Bidhan Chandra denied it

Posted by Advocatetanmoyon July 25, 2021July 25, 2021in Criminal Investigation, Government of India

To die in prison-house locked there by his country’s Swadeshi Government, by persons with whom he shared power as a colleague only a few days ago is a fitting termination of a warring life. Let us hope that this incident will make the Government of India realise.

Syama Prasad Mookerjee on integration of Jammu and Kashmir with the rest of India-LS Debate – 26/06/1952

Posted by Advocatetanmoyon July 25, 2021July 25, 2021in INDIA

If the Maharaja had fled away from Kashmir for whatever reason, then Indian troops would not have been sent, and then it is not the flag of India, it is not the flag of the Maharaja that would be flying today, but the flag of Pakistan.

The question of national language for India-Constituent Assembly Debate-14/09/1949

Posted by Advocatetanmoyon July 25, 2021in INDIA

National language of India should not be and cannot be any other than Hindustani which is Hindi plus Urdu. For the sake of satisfying the sentiments of our friends we have accepted Hindi in Devanagari script. It is no less sacrifice for us to have had to depart from a principle, which we have all along fought for and lived for.

The Charter of the Hamas -1988

Posted by Advocatetanmoyon July 25, 2021in BOOK, Terrorism

The Islamic Resistance Movement is one of the wings of the Muslim Brothers in Palestine. The Muslim Brotherhood Movement is a world organization, the largest Islamic Movement in the modern era. It is characterized by a profound understanding, by precise notions and by a complete comprehensiveness of all concepts of Islam in all domains of life:

CURRENT SUPREME COURT JUDGMENTS

Somesh Chaurasia Vs. State of Madhya Pradesh & Anr-22/07/21 - There are distinct doctrinal concepts in criminal law namely (i) the grant of bail before trial or, what is described as the 'pre-conviction' stage; (ii) setting aside an order granting bail when the principles which must weigh in the decision on whether bail should be granted have been overlooked or wrongly applied; (iii) the post- conviction suspension of sentence under the provisions of Section 389(1); and (iv) the cancellation of bail on the ground of supervening events, such as the conduct of the accused during the period of bail, vitiating the continuance of bail.
Union of India Vs. Rajendra N. Shah & Anr-20/07/21 - These appeals raise an important question as to the vires of the Constitution (Ninety Seventh Amendment) Act, 2011 [the "Constitution 97th Amendment Act"] which inter alia introduced Part IXB under the chapter heading 'The Co-operative Societies'. The Constitution 97th Amendment Act was passed by the requisite majority of the Lok Sabha on 27.12.2011 and the Rajya Sabha on 28.12.2011.
K.P. Natarajan & Anr. Vs. Muthalammal & Ors-16/07/2021 - There is no dispute on facts and there is no escape from the conclusion that the respondents have been grossly negligent in defending the suit as well as the execution proceedings. But the fact remains that while the parties can afford to remain negligent, the Court cannot. The High Court has found, after summoning the records from the trial Court that as a matter of fact, the trial Court failed to appoint a guardian for the third respondent/minor in a manner prescribed by law.
Sachin Kashyap & Ors. Vs. Sushil Chandra Srivastava & Ors-15/07/2021 - Writ Petition having been filed for a particular cause and with a particular prayer cannot be expanded to cover within its ambit all the issues which may be of general or public importance without there being any pleadings or prayer with regard to a particular issue.

EXECUTIVE ORDERS

Executive Order on Promoting Competition in the American Economy-09/07/2021 - The American information technology sector has long been an engine of innovation and growth, but today a small number of dominant Internet platforms use their power to exclude market entrants, to extract monopoly profits, and to gather intimate personal information that they can exploit for their own advantage.
Blocking Property and Suspending Entry Into USA of Certain Persons Contributing to Destabilizing Situation in Western Balkans-EO-08/06/21 - All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State
Threat posed by military Industry of China- Biden Issued Executive Order-03/06/2021 - I find that the use of Chinese surveillance technology outside the PRC and the development or use of Chinese surveillance technology to facilitate repression or serious human rights abuse constitute unusual and extraordinary threats, which have their source in whole or substantial part outside the United States, to the national security, foreign policy, and economy of the United States, and I hereby expand the scope of the national emergency declared in Executive Order 13959 to address those threats.
Improving the Nation’s Cybersecurity-EO 12/05/2021 - The United States faces persistent and increasingly sophisticated malicious cyber campaigns that threaten the public sector, the private sector, and ultimately the American people’s security and privacy. The Federal Government must improve its efforts to identify, deter, protect against, detect, and respond to these actions and actors. The Federal Government must also carefully examine what occurred during any major cyber incident and apply lessons learned. But cybersecurity requires more than government action.