Sunday, September 8, 2019

Legal rights when traffic police cut challan

Heavy fines are now being imposed against those who do not obey the traffic rules. In this situation, it is important to understand the traffic rules completely. The advantage of this is that you will not have to give a fine without reason.

Police can seize a vehicle in these situations

  • When vehicle is standing in an heirless condition.
  • Parked where parking is not allowed.
  • When there is no complete documents or challan money. 
  • If a child is driving.
  • If the vehicle is being run without registration.

These four documents will strengthen your right on the road

  • Driving licence (DL) 
  • Registration Certificate (RC)
  • Insurance Certificate 
  • Valid Pollution Certificate (PUC) 

Of these, only the original copy of DL and PUC is valid. If you do not have the original copy of RC and the insurance certificate but a photo copy is available, then you cannot be charged for fine.You can also show DL and RC digitally in Digi Locker or mParivahan mobile app. Yes, if the law is broken then one of the DL or RC must be in original. The court challan is deducted only after seizing it.

Not Every Traffic Police Can fine

Traffic officers of and above the rank of ASI (assistant sub inspector) are authorised to give away traffic violation notices or challan, which are for spot challans. Officers of the rank of Assistant Sub-inspector (1 star), sub-inspector (2 star), inspector are authorised to collect spot fines. Any officer below the rank of Assistant Sub-inspector (ASI), which comprises constable & head constables, can only note down the nature of violation and vehicle registration number, and submit the information to the enforcement automation centre.

The traffic policeman can cut your challan only if he is wearing a uniform and has a name plate on that uniform. If he does not wear a uniform or does not have a name plate, then you have the right to refuse to pay him a fine.

Wrong Challan? 

If anyone feels that the police has deducted his wrong challan, then he can inform the court in which the challan is to be submitted. If he has any evidence, then he can show it to the court as well.

Sunday, September 1, 2019

Motor Vehicles (Amendment) Act,2019: Beware traffic violators - Heavy fines for traffic violations from today

High Traffic Penalty have come into force across the country from today under the Motor Vehicles (Amendment) Act 2019, which was approved by Parliament last month.

The Motor Vehicles (Amendment) Bill, 2019 was passed by the Parliament on 5 August and it was assented to take the form of an Act by the President on August 9.The ministry of transport issued a notification on 28th August listing all the laws that will be coming into force from 1st September, 2019.

The purpose of the amendment act is to enhance road safety, improve the process of issuing licenses and permits, eliminate corruption in RTO offices and using technology to regulate road traffic.

In all cases, a slight mistake will also result in heavy fines during driving. Whether it's a case of overspeed while driving, without a helmet, without a belt or drunk driving, the penalty is ready to go up by multiples.In some cases, there is a provision for punishment.

In some cases, the government has made a provision for cancellation of driving licences and even cancellation of vehicle registration certificate. If there is any crime or accident on the road during the driving of a minor, the car owner or guardian will be held guilty. The registration of that vehicle will also be canceled.

Laws under Motor Vehicles Amendment Act, 2019 with effect from September 1, 2019

Offence - General Challan
Section - 177
Old Penalty - Rs 100
New Penalty(Minimum) - Rs 500

Offence - Driving without licence
Section - 181
Old Penalty - Rs 500
New Penalty(Minimum) - Rs 5000

Offence - Driving without qualification
Section - 182
Old Penalty - Rs 500
New Penalty(Minimum) - Rs 10000

Offence - Over speeding
Section - 183
Old Penalty - Rs 400
New Penalty(Minimum) - Rs 1000 for LMV, Rs 2000 for Medium Passenger Vehicle

Offence - Dangerous driving penalty
Section - 184
Old Penalty - Rs 1000
New Penalty(Minimum) - Upto Rs 5000

Offence - Drunken driving
Section - 185
Old Penalty - Rs 2000
New Penalty(Minimum) - Rs 10,000

Offence - Seat belt
Section - 194 B
Old Penalty - Rs 100
New Penalty(Minimum) - Rs 1000

Offence - Overloading of two wheelers
Section - 194 C
Old Penalty - Rs 100
New Penalty(Minimum) - Rs 2000, Disqualification for 3 months for licence

Offence - Without Helmets
Section - 194 D
Old Penalty - Rs 100
New Penalty(Minimum) - Rs 1000 Disqualification for 3 months for licence

Offence - Not providing way for emergency vehicles
Section - 194 E
Old Penalty - 00 (New)
New Penalty(Minimum) - Rs 10,000

Offence - Driving Without Insurance
Section - 196
Old Penalty - Rs 1000
New Penalty(Minimum) - Rs 2000

Official Notification 👇

Friday, August 30, 2019

Supreme Court verdict - Even if marriage is null and void, the wife will get maintenance

The Supreme Court has said that even if the marriage is declared null and void due to mischief or wrong act committed by the husband, he will have to pay maintenance under Section 125 of Code of Criminal Procedure despite declaration of nullity of marriage.

The bench of Justice R.Banumathi and Justice AS Bopanna upheld Kerala High Court judgment and dismissed a special leave petition against the High Court judgment.

In this case, the woman filed an petition against her husband. The woman said that marriage should be declared null and void because the husband is impotent. On this basis, marriage was declared nullity.

Before the High Court, the husband challenged the order directing him to pay maintenance and argued that the marriage has been declared null and void, the woman is not entitled to get maintenance because she does not fall within the definition of wife under Section 125 of CrPC. The High Court rejected the plea of ​​the husband and said that the marriage was invalid due to wrong act of the husband. In this case, the husband will have to pay maintenance.

Definition of wife under section 125 of CrPC 

"Wife" includes a woman who has been divorced, or has divorced from her husband and has not remarried.

In Supreme Court, husband challenged Kerala High Court verdict and argued that because marriage has been null and void, in such a situation,he cannot be forced to give maintenance. The Supreme Court rejected this argument because the marriage was null and void due to husband's mistake and harm. In such a situation, the husband cannot escape the responsibility of giving maintenance.

Case NameT.K. Surendran VERSUS P. Najima Bindu
Read/Download HC Judgment,Click here

Sunday, August 25, 2019

Law Officer Recruitment At Himachal Pradesh Public Service Commission

Himachal Pradesh Public Service Commission invites online application to fill up post of Law Officer on contract basis.

Title of the job 
Law Officer (Hindi), Class-II

Total Vacancies 
2 (Two)

Age Limit 
18-45 years

Pay Scale 
Rs.10300-34800+ Rs.4400 Grade Pay.
(Emoluments for contract employee(s) Rs. 14,700/- P.M.)


  • Degree in Law from any recognized University.
  • Bachelor of Arts with Hindi as one of the main (Elective) subject.
  • At least five years experience as an Advocate.

Desirable Qualification

Knowledge of customs, manners and dialects of Himachal Pradesh(HP) and suitability for appointment in the peculiar conditions prevailing in the Pradesh.

How to apply?
Eligible candidates must have to apply online through official website of the Commission, click here 

Applications for this post received through any other mode will not be accepted and summarily rejected.

Last date for submission of Online Recruitment Applications i.e. 30/08/2019.

Download Official Notification, Click here 

Friday, August 23, 2019

Supreme Court Held Not Every Failed Promise To Marry Is Rape

The Supreme Court made important remarks (Pramod Suryabhan Pawar vs. State of Maharashtra) on making physical relations with mutual consent. The court said that if women know that this relationship cannot be taken to any next stage, but even if they make a physical relationship with mutual consent then it cannot be called rape. In such a situation, we cannot say to rape a physical relationship formed by mutual consent by making false promises of marriage.

The bench of Justice DY Chandrachud and Justice Indira Banerjee dismissed the petition of a woman officer of sales tax on the ground that the relationship between the two was made by mutual consent.

The two judge bench also quashed allegations of rape by a woman on a CRPF officer. The court said in its decision that both were in relationship for more than 8 years. Both of them also stayed at each other's residence on several occasions during this period, which is clear that this relationship was formed by mutual consent.

The woman complainant said that she had known the CRPF officer since 1998. He alleged that the officer forcibly made physical relations by promising to marry in 2008.Till 2016, the two had a relationship and during this time both stayed at each other's residence for several days. 

The complainant says that in 2014, the officer expressed her inability to marry on the basis of woman caste. Even after this, the two had a relationship till 2016. In 2016, the woman lodged a complaint against the officer because she had received information about her engagement with another woman.

Breach of a promise cannot be said to be a false promise

"Cheating by making false promise is a situation in which the person promising does not have any plan to fulfill his tongue while giving promise," the court said.

The court said after studying the FIR closely that the promise of marriage made in 2008 could not be fulfilled in 2016. Only on this basis it cannot be said that the promise of marriage was merely to make a physical relationship.The court also said that the woman complainant also knew that there are many types of hurdles in the marriage. She was fully aware of the circumstances.

Wednesday, August 21, 2019

Meaning And Types Of Bail In India

At times, a person commits a crime or is caught in a false case and arrested by the police. So the person has been given the right to seek bail in the law. But it has to be remembered that there are many cases where bail can be granted and where bail cannot be granted. When a person goes to jail for an offence, the order received from the court or the police to get him released from jail is called bail.

What is Bail ? 

Bail in simple language means Security taken from a person to appear before a court on a certain date. The meaning of the word bail, as it is commonly understood, is that a person can be set free under arrest, detention, or restraint by taking security for his or her appearance.

Types Of Bail 

Bail in Bailable offence 

Crimes are of two types, bailable and non-bailable. Bailable offence includes cases of assault, threats, careless driving, death due to negligence. In such a case, there is a provision of bail from the police station. The accused fills the bail bond in the police station and is then granted bail.

Bail in Non-Bailable offence

Some serious crimes like robbery, murder, rape, kidnapping, kidnapping for ransom etc. are non-bailable offence. In such a cases, all the facts are presented before the court and then the court decides the bail.

Default Bail 

Even if the case is very serious, the accused can be granted bail even if the police do not file a chargesheet in time. For example, in a case where there is a provision of 10 years or more punishment, it is necessary to file a charge sheet within 90 days of the arrest. If the charge sheet is not filed during this time, then there is a provision to provide bail to the accused under Section 167 (2) of the CrPC. In the case less than 10 years of imprisonment, a charge sheet has to be filed within 60 days and there is a provision for bail if not done.

Regular Bail 

When a case is pending against an accused in a trial court, the accused seeks bail from the court under Section 439 of the CrPC. The trial court or high court decides on the application based on the merit of the case. Under this section, the accused is given interim bail or regular bail. For this, the accused has to fill the bond and follow the instructions.

Anticipatory Bail 

If the accused suspects that he may be arrested on an accusation of having committed a non-bailable offence, he may seek anticipatory bail under Section 438 to avoid arrest.

While granting anticipatory bail, the court may impose one or more of the following conditions based on the facts of a particular case:

  • As and when required, Be available for interrogation by the police officer;
  • The Person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts and evidence of the case so as to dissuade him from disclosing such facts to the trial court or to any police officer;
  • The person shall not leave India without the previous permission of the court.

Wednesday, August 14, 2019

Assistant (Judicial) Vacancy @ National Green Tribunal (NGT)

NGT invites applications from Indian Nationals in the prescribed proforma for direct recruitment to following posts in the National Green Tribunal (NGT), at its Principal Bench at New Delhi and four Zonal Benches at Bhopal, Chennai, Pune and Kolkata.

Title of the job 
Assistant (Judicial)

Pay Scale 
Level-7 (Rs 44900-142400/-)

Total Vacancies
03 (Three)-(1 UR, 2 OBC)

Age Limit
21-30 Years

Education & Qualification

  • Bachelor Degree in Law from a recognised university/Institution. 
  • Computer Training Course of at least 06 (Six) months duration from recognised institution.

How to apply? 
Applications may be sent to the Registrar General, National Green Tribunal (NGT), Faridkot House, Copernicus Marg, New Delhi-110001 in a closed envelop with the words "Application for the post of "Assistant (Judicial) in National Green Tribunal(NGT)" written on top of it, so as to reach by 26.8.2019 positively.


  • The last date of receipt of applications is 26-8-2019. 
  • Incomplete, unsigned, and the applications received after the last date of receipt of applications shall be rejected summarily, without any notice to the candidate.

Download Official Notification, Click here 

Monday, August 12, 2019

Supreme Court landmark verdict on adverse possession over property

Often we give our land or houses to others for a period of time or some people may even commit illegal encroachment as per their needs, but now it can be risky, according to the new Supreme Court judgement.

The Supreme Court has given a landmark verdict (Ravinder Kaur Grewal versus Manjit Kaur on 07.08.2019) in this regard, the Supreme Court has held that the occupant can claim Adverse possession of land or property which has been in possession of him for 12 years or more without any interruption.

A bench of Justices Arun Mishra, Justice S. Abdul Nazer and Justice MR Shah held that a person, who is not a title holder (the original owner) but acquires rights over the property under the doctrine of adverse possession, is empowered to file law suits to reclaim possession in case he is dispossessed by original owner or any other person.

The apex court also said that if such a person is being evicted from the land, he can also seek legal aid. It is clear from this judgement that if the actual or legitimate owner fail to move within the stipulated time limit of 12 years to get their immovable property back from the possession of another, his ownership and the immovable property which has been occupied for 12 years will be lost.

According to the Limitation Act 1963, the statutory period of the limit allowed for possession of immovable property or any interest is 12 years in case of private property and 30 years for public property, the date from which the encroacher is occupying the property.

The bench said "We hold that a person in possession cannot be evicted by any other person except the due procedure of law and once the 12 years period of adverse possession expires, the right of the owner to evict him is also lost. In our opinion, consequences is that once the right, title or interest is acquired, it can be used as a sword by the plaintiff as well as a shield by the defendant under Article 65 of the Limitation Act 1963 and any person who has perfected title by way of adverse possession can file a lawsuit for restoration of possession in case of dispossession".

The bench said that the right to adverse possession should not be applicable in case of encroachment of public property.

Download Judgment, click here 

Sunday, August 11, 2019

Witness, Types Of Witness & Important To Know When Someone Can Become A Witness In Criminal Justice System

In a criminal case, a witness is the someone who testifies in a court hearing because he has a direct knowledge of a crime or significant incident.

The witness is the most important factor in the criminal case. There are many types of witness – witness present on behalf of the prosecution, defence witness or court witness.

Important to know when someone can become a witness

  • The statements of his witnesses are the most important to prove the case of the prosecution. If there is an incident somewhere, whoever has seen the incident or has any information about the incident or it can be helpful to add a link to the case, then he is made an prosecution/government witness.
  • When the police are investigating the case, whenever they feel that such a person has information about the incident, the police makes him a witness to the prosecution/government. The police registers the statements of such witnesses under Section 161 of the Code of Criminal Procedure.
  • When the police record the statement of the prosecution witness, that statement is not signed by the said witness. If the police feels that the witness can be pressurised or retracted from his statement, then he can also record the statement of the said witness before the magistrate as a precautionary measure.The statement of the witness before the magistrate is recorded under Section 164 of the Code of Criminal Procedure (CrPC) and the statement is signed by the witness. Usually, in sexual harassment or rape cases, the police also record the Victim's statement in front of the Magistrate.
  • After the statements of the prosecution witnesses, the police has submitted a list of witnesses to the court along with the charge-sheet, and after the charges are framed, the court issues summon to the witnesses one by one and then the witnesses appear before the court and record the statement.
  • If the witness of the government side makes a statement in a court different from the statement made in front of the police, he is treated as a retracted witness and then the prosecution lawyer cross-examines with that witness.If he does not retract his statement, then the defense lawyer will cross examines him. After the witness's statement and cross exam, his statement is considered complete & recorded.
  • After the statement of the prosecution witness and the statement of the accused, the accused can request the court to call the witness in his defense. According to the list presented before the court, the court issues summons to the defense witnesses and they appear in the court for statements. However, the court decides who is required to be called in the list of witnesses.
  • At times, the court feels that the statement of such a person may be important for the case, so he can take cognizance of himself and summon the witness under Section 311 of the CrPc. Such a witness is called court witness.
  • In cases where police evidence is weak or lack of witnesses, the prosecution sometimes files an application to the court for make a accused witness, and then the court calls him and asks him for his will, and if he is ready, he is made an approver witness. 

Friday, August 9, 2019

Legal Advisor Vacancy @ New Delhi Municipal Council (NDMC)

New Delhi Municipal Council (NDMC) invites application to fill up post of Legal Advisor on deputation basis for a period of 3 years.

Title of the job
Legal Advisor

Total vacancies 

Pay scale
PB-4 Rs37400-67000 + Grade Pay Rs10000/-(revised in 7th CPC Pay Level 14 Pay Matrix Rs 144200-218200)


  • Holding analogous posts on regular basis in their parent cadre/department;
  • With 2(Two) years service in the grade rendered after appointment thereto on a regular basis in the pre revised pay scale of PB-4 Rs 37400-67000 + Grade Pay Rs8900/- (revised in 7th CPC Pay Levet 14) or equivalent in the parent cadre/department and
  • Law degree from a recognized university or equivalent;
  • 15(Fifteen) years experience of legal matters.

How to apply?

Applications of the eligible and willing officers, who would be spared in the event of their selection, may be forwarded in the enclosed Proforma (Annexure-l) (Bio-Data) in duplicate to the undersigned at Room Number 5016, 5th Floor, Palika Kendra, Sansad Marg, New Delhi, Pincode - 110001, by 12.09.2019.

The application should be duly signed by the applicant and certified by the Head of Department(HOD)/ Employer. The candidates applying for the post shall not be allowed to withdraw their candidature subsequently.

Deputation period can be extended/ curtailed as per requirement/performance of the individual. 

The Circular alongwith the Proforma (Annexure-l) may also be downloaded from the New Delhi Municipal Council website: www.ndmc.qov. in.

Download Official Notification /Application form, Click here 

Wednesday, August 7, 2019

Article 370 gone, Important points You need to know after Article 370 is revoked

The resolution removing the provisions of Article 370, which would give special status to Jammu and Kashmir, and the historic bill dividing the state(J&K) into two union territories, got the seal of Parliament on Tuesday.

Today President Ram Nath Kovind has signed the bill to declare abrogation of the provisions of Article 370.

Two bills and two proposals were passed

First Bill - Jammu & Kashmir (Reorganisation) Bill 2019, for the re-formation of Jammu and Kashmir.

Second Bill - Jammu & Kashmir Reservation (2nd Amendment) Bill 2019, 10 percent reservation to the economically weaker section in J&K.

First proposal - Abolish most of the rules of Article 370 granting special status to Jammu and Kashmir.

Second proposal - Abolition of state rights (35A) defining permanent residents.

Under both the resolutions, a proposal to abolish Special  Sections 370 and 35A of Jammu and Kashmir was proposed in the Rajya Sabha. On the other hand, both the bills proposed a re-formation of Jammu and Kashmir and 10 per cent reservation to economically weaker section in J&K.

Despite opposition revote, all the resolutions were passed in the Rajya Sabha on Monday. That is, the path to dividing Jammu and Kashmir into two Union Territories, Ladakh and Jammu and Kashmir was cleared. There will be an assembly in Jammu and Kashmir but there will be no assembly in Ladakh.

These proposals were presented in the Lok Sabha on Tuesday. After getting a day's discussion, it got approval from the Lok Sabha and Jammu and Kashmir got divided into two union territories.

What is Article 370?

Jammu and Kashmir was given special status under Article 370. This article was added to the Constitution in 1949. The state has its own constitution. The law of the land did not apply here. The Government of India could only intervene in defence, foreign and communication matters in the State.

Who wrote?

Constitution maker B.R Ambedkar had refused to write article 370 in the constitution of India. This section was then prepared by Gopalaswami Ayyangar of Tamil Nadu. Ayyangar was a minister without a ministry in Nehru first cabinet. He was also the Diwan of Maharaja Hari Singh of Jammu and Kashmir.

What is Union Territory?

Union Territory means that the central government will now have direct rule there. Jammu and Kashmir will have assembly elections, but earlier it had a tenure of 6 years. From now on will be 5 years old only. On the other hand, Ladakh will have an administration like Chandigarh. There will be no assembly.

How is union territory different from the common state?

The rule in the Union Territory is in the hands of the Lieutenant Governor appointed by the President. In the absolute states, elected government are best as compare to Union Territory. The elected government in the full state has more powers. However, important laws in the Union Territory require the approval of the Lieutenant Governor.

Article 370 end from Article 370?

In Parliament Opposition said that amendment in Constitution is necessary for changes in Article 370. Amit Shah replied, "There is no legal obligation to amend the Constitution to declare Article 370 ineffective. This provision may be amended only through a notification of the President.

Shah said clause 3 of Article 370 provides for empowering the President to abolish Article 370 by a notification. But In this provision consent must be obtained from the state assembly before the change in Article 370. But this obligation is not necessary due to the imposition of President rule in Jammu and Kashmir.

Important points after Article 370 is revoked

  • The President will appoint the Lieutenant Governor.
  • Now the Home Ministry will run.
  • The Bureaucracy will also be controlled by the Centre.
  • Right to Information will now applicable.
  • Investment will grow in the state.
  • Ladakh dependence will be reduced.
  • Hindus and Sikhs will get reservation.
  • No dual citizenship
  • Central law can directly apply
  • No separate law for Jammu and Kashmir
  • Indian citizens from other states can buy property
  • Centre can declare financial emergency (Article 360)
  • No two flags
  • Elections every five years
  • Police will be managed by the centre

Thursday, August 1, 2019

Delhi Judicial Service Vacancy @ Delhi High Court

Delhi HC invites online applications from eligible candidates for filling up vacancies in Delhi Judicial Service.

Title of the job
Delhi Judaical Service Examination 2019

Total Vacancies
45 (Forty-Five)

Pay scale

Selection Procedure

  • Delhi Judicial Service Preliminary Examination (objective type questions with 25% negative marking) for selection for the main examination. 
  • Delhi Judicial Service (DJS) Main Examination (Written) for selection of candidates for calling for Viva voce.


  • Candidates must be a citizen of India. 
  • Practising as an Advocate in India or a person qualified to be admitted as an Advocate under Advocates Act 1961. 
  • Not more than 32 years of age. 

Important Dates & Time

  • Starting Date to apply online: 02/08/2019 (10:00 AM) 
  • Last Date for filling online application: 02/09/2019 (10:00 PM) 
  • Delhi Judicial Service Preliminary Examination will be held on Sunday, the 22nd September, 2019. 

Application Fee 
▪️General Category: Rs.1000/-
▪️Reserved Categories: Rs.200/-

How to apply? 
Candidates may submit their application online only in the prescribed format through the official website of Delhi High Court, Click here

For Official Notification, Click here 

Wednesday, July 31, 2019

Muslim Women (Protection of Rights on Marriage) Bill 2019, Important Points You Need To Know

Rajya Sabha on Tuesday passed the Muslim Women (Protection of Rights on Marriage) Bill 2019, commonly known as Triple Talaq Bill.The bill makes instant Triple talaq a criminal offence and provides for a jail term to a Muslim man for the crime.

The Rajya Sabha passed the bill by 99 votes in favour and 84 against it.The non-participation in the voting of the opposition made it easier for the government to pass the bill. Earlier, the opposition's proposal to send the bill to the Select Committee fell by 84 votes against 99.

Now after the President signature on the bill, this law will replace the Ordinance issued on February 21. Bill provides protection to Muslim women for instant triple talaq and the accused may suffer both imprisonment up to 3 years and fine.

The Modi government had a great success in the Rajya Sabha when it was able to immediately pass a bill that criminalised triple talaq. The government had passed the bill twice in the Lok Sabha after the Supreme Court declared it unconstitutional, but it had to bring an ordinance three times as it was not passed in the Rajya Sabha.

Despite not having a clear majority in the House, the way the government managed to test the figures in the Rajya Sabha on Tuesday can be termed as a strategic victory for the Modi government. This victory can pave the way for many major changes in the future.

History of triple talaq bill 

  • In August 2017, the Supreme Court declared the triple talaq as unconstitutional and against the basic principles of the Quran.
  • In December 2017, the Lok Sabha passed the Muslim Women (Protection of Rights on Marriage) Bill, but stuck in the Rajya Sabha. 
  • On September 19, 2018, the Modi government brought an bill for the first time to restrict triple talaq. 
  • For the second time on January 12, 2019, then on 21 February the bill was released for the third time.

Key points 

  • The law has been named Muslim Women (Protection of Rights on Marriage) Bill, 2019.
  • Giving instant Triple talaq to the wife would be a crime either oral, written or through any other means.
  • wife, matrimonial home, in-laws and other close relatives can file a case in this regard. 
  • It is a cognizable offence, so the police can arrest the accused husband even without a warrant.
  • The husband can face both imprisonment up to 3 years and fine.
  • The accused may approach a Magistrate for bail. 
  • However, the magistrate will not be able to grant bail without hearing the victim side in the case. 
  • The magistrate will be able to reach an compromise only on the request of the aggrieved woman.
  • Victim entitled to seek subsistence allowance from her husband.
  • Amount to be determined by the magistrate hearing the case.
  • Victim entitled to seek custody of her minor children.
  • The manner of custody to be determined by the magistrate. 

Saturday, July 27, 2019

POCSO (Amendment) Bill 2019, Supreme Court orders to set up special courts for child abuse cases

What is POCSO (Amendment) Bill, 2019

The Ministry of Women and Child Development has amended the Protection of Children from Sexual Offences (AmendmentBill2019 to provide stringent punishment to those who sexually abuse children. The guilty have provision of 20 years to life imprisonment and up to the death penalty. The court will have to decide. The law has been made gender neutral so as to protect not only girls but also children from sexual harassment.

Key Points

  • Minimum punishment for 'penetrative sexual assault' increased from 7 years to 10 years.
  • If a person penetrative sexual assault a child below the age of 16, he or she will be imprisoned for more than 20 years, with fines.
  • Minimum punishment for 'aggravated penetrative sexual assault' increased from ten years to 20 years. Maximum punishment for the same is the death penalty. 
  • Imprisonment up to 5 years and a fine for those using a child for pornographic purposes.
  • Imprisonment up to seven years and fine in the event of a subsequent conviction.

Supreme Court orders to set up special courts for child abuse cases 

The Supreme Court directed the Centre Government to set up a Special POCSO Court within 60 days in a district where more than 100 cases are pending under the Child Rape and POCSO Act. The Supreme Court has ordered to speed up the process of hearings and verdicts in child rape cases.

Chief Justice Ranjan Gogoi Bench said that to complete the investigation process, the Forensic Lab will be made in every district.

During hearing, the court commented, "The collection of data on rape of children across the country and the implementation of the POCSO Act will be delayed. Until then, the investigation of the cases should be expedited.

Describing the rising crime against children as alarming, the Supreme Court had asked the court advisor V. Giri to submit a report.

Advisor suggested to the court

  • Sex education should be included in the school course. So that the children can know if something is happening wrong with them.
  • The Service of child helpline should available in every school and public place.
  • There should be one or two staff at the school to educate children, so that they can telling to the wrong things that happened to themselves.
  • If the child makes a complaint at school, the parents should be informed immediately and filed FIR. Then the Child Welfare Committee and the Special Court should informed.
  • The victim should be given medical care immediately. Mental and psychological support should be provided.Forensic labs should be set up in all the districts to check samples.
  • Special Juvenile Police Units should formed in every district. People in the unit should be sensitized so that the case can be investigated properly.
  • In the POCSO case, when the court takes cognisance, the child must testify within 30 days. Trial should be completed in a year.
  • It is important for witnesses to have a witness room, which is near by the Special Court. At the time of the statement, it should be ensured that the accused does not come in front of the child.

Thursday, July 25, 2019

Legal Counselor Vacancy @ Delhi Commission For Women

Delhi Commission for Women (DCW) invites applications for the posts of Legal Counselor.

Title of the Job 
Legal Counselor

Total Vacancies 

Job Description

  • To peruse complaints received in the Commission & assess each case for further course of action. Assist Member's of the Commission. 
  • Give legal advice / counseling to the parties / complainants to the cases. 
  • Other duties in accordance to the position & skills assigned from time to time.

Minimum of pay + DA at the rates applicable in Level-7 of the Pay Matrix.


  • Bachelors degree required (Masters preferred) from a reputed university in the field of law & registration in Bar Council.
  • Minimum 4(Four) years of experience in related field (requirement will be relaxed under exceptional circumstances).
  • Candidate must have knowledge of computer including retrieval of desired Information from various search engines/processes such as Manupatra, Lexis Nexis, SSC Online, Westlaw etc and proficiency with Microsoft office suite.
  • Strong leadership skills & demonstrated capability of handling crisis situations; Willingness to undertake fieldwork and Ability to work in a fast paced environment.

How to apply?
Applications in the prescribed format accompanied by complete curriculum vitae /Resume and other documents should reach this office on or before 31/07/2019 by 4.00 p.m.

The decision of Commission with regard to the rejection or acceptance of the application shall be final.

For Application Form / Official Notification, Click here 

Wednesday, July 24, 2019

Motor Vehicles (Amendment) Bill 2019, Key Points You Need To Know

The Lok Sabha has approved the Motor Vehicles (Amendment) Bill 2019 on Tuesday. In it, very strict provisions have been made regarding Road Safety.

In all cases, a slight mistake will also result in heavy fines during driving. Whether it's a case of overspeed while driving, without a helmet, without a belt or drunk driving, the penalty is ready to go up by multiples.In some cases, there is a provision for punishment.

In some cases, the government has made a provision for cancellation of driving licences and even cancellation of vehicle registration certificate. If there is any crime or accident on the road during the driving of a teen, the car owner or guardian will be held guilty. The registration of that vehicle will also be canceled.

After the Lok Sabha, the bill will now go to the Rajya Sabha. After passing the Rajya Sabha, the President approval will be required. After that, it will take shape of the law in the country.

The House rejected the amendments of the opposition. Replying to a discussion on the bill in the lower house, Road Transport Minister Nitin Gadkari made it clear that the government has no intention of interfering in the right of states through the Motor Vehicles (Amendment) Bill.

The implementation of its provisions is at the discretion of the States. The Centre seeks to cooperate with states, change the transport system and reduce accidents.

List of proposed changes:

Offence - General Challan
Section - 177
Old Penalty - Rs 100
New Penalty(Minimum) - Rs 500

Offence - Driving without licence
Section - 181
Old Penalty - Rs 500
New Penalty(Minimum) - Rs 5000

Offence - Driving without qualification
Section - 182
Old Penalty - Rs 500
New Penalty(Minimum) - Rs 10000

Offence - Over speeding
Section - 183
Old Penalty - Rs 400
New Penalty(Minimum) - Rs 1000 for LMV, Rs 2000 for Medium Passenger Vehicle

Offence - Dangerous driving penalty
Section - 184
Old Penalty - Rs 1000
New Penalty(Minimum) - Upto Rs 5000

Offence - Drunken driving
Section - 185
Old Penalty - Rs 2000
New Penalty(Minimum) - Rs 10,000

Offence - Seat belt
Section - 194 B
Old Penalty - Rs 100
New Penalty(Minimum) - Rs 1000

Offence - Overloading of two wheelers
Section - 194 C
Old Penalty - Rs 100
New Penalty(Minimum) - Rs 2000, Disqualification for 3 months for licence

Offence - Without Helmets
Section - 194 D
Old Penalty - Rs 100
New Penalty(Minimum) - Rs 1000 Disqualification for 3 months for licence

Offence - Not providing way for emergency vehicles
Section - 194 E
Old Penalty - 00 (New)
New Penalty(Minimum) - Rs 10,000

Offence - Driving Without Insurance
Section - 196
Old Penalty - Rs 1000
New Penalty(Minimum) - Rs 2000

Bill seeks to introduce a Motor Vehicle Accident Fund under Section 164B, which will provide mandatory insurance cover to road users in India.

Tuesday, July 23, 2019

Right to Information (Amendment) Bill 2019, Key Points of this Amendment Bill

The Lok Sabha passed the Right to Information (Amendment) Bill 2019 on Monday. The RTI amendment bill was voted in the House with 218 votes in favour and 79 against.

It will empower the Central Government to decide the tenure and salary of the Chief Information Commissioner and information commissioners.

During the discussion in the house the opposition alleged that the bill has now been undermined While on behalf of the government said things of undermine RTI and its autonomy are baseless.

Union Minister of State, Jitendra Singh said that through this amendment, we will institutionalize the functioning of the Information Commissions and remove the discrepancies.

Key points

  • Major change in the Bill is two Sections 13 and 16. Section 13 earlier provided that the tenure of the Chief Information Commissioner and information commissioners was 5 years (or 65 years, whichever is earlier). The revised bill says that the term of office will be decided by the central government.
  • Earlier, the system was that the salary, allowances and other service conditions of the Chief Information Commissioner and Information Commissioners would be equal to that of the Chief Election Commissioner and the Election Commissioners. The Centre government in the amendment will decide these things.

Saturday, July 20, 2019

Associate Professor (Law) Vacancy At University Of Delhi

Online applications are invited in the prescribed Application Form from eligible or qualified candidates for appointment to the post of Associate Professor(Law).

Total Vacancies 
94 (Ninety Four)

Academic Salary or Pay Level 13A of 7th Central Pay Commission Pay Matrix.


  • Good academic record with a doctor of philosophy(Ph.D) Degree in the concerned/allied/relevant disciplines. 
  • A master’s degree with at least 55 percent marks (or an equivalent grade in a point-scale, wherever the grading system is followed). 
  • A minimum number of 8 (Eight) years of experience of teaching and/or research in an academic or research position equivalent to that of Assistant Professor in a University, College or accredited research Institution/Industry with a minimum of 7 publications in the peer-reviewed or UGC listed journals. A total research score of seventy five as per the criteria given in the Screening Guidelines for this post annexed to this advertisement.

Kindly refer to General Note, here

How to apply? 
Online Application, Click here 

Last date for receipt of application is 04/08/2019 or 2(two) weeks from the date of publication of the advertisement in the Employment News, whichever is later is applicable.

For official notification, click here 

For advertisement, click here 

Friday, July 19, 2019

Important Women Rights and Safeguards in the Constitution of India

After independence many provisions have been introduced to improve the social status of women and give them such a platform where they can use their potential for their betterment and can contribute positively to the development of their country.

Indian constitution not only provide equality to women but also empowers the State to adopt  positive approach in favour of women for neutralizing the cumulative socio economic, education and political disadvantages faced by them.

Indian Women are the victim of this evil caste system.They have been moved caste from one generation to another generation. While drafting the Constitution of India, Dr. B.R Ambedkar was the prime mover of the welfare of women.

Rights and safeguards contained in the Constitution for women in India are listed below - 

▪️ Article 14
Equality before law or equal protection within the territory of India for women.

▪️ Article 15 

  • State not to discriminate against any citizen of India on grounds only of religion, race, caste, sex, place of birth. 
  • State free to make any special provision in favour of women and children. 

▪️ Article 16
Equality of opportunity for all citizens in matters relating to employment or appointments to any office under the State.

▪️ Article 23
Traffic in human beings, begar and other similar forms of forced labour are prohibited.

▪️ Article 39

  • State to direct its policy in the direction of securing for men and women equally the right to an adequate means of livelihood.
  • Equal pay for equal work for both men & women. 
  • To promote justice, on a basis of equal opportunity and to provide free legal aid by suitable legislation or scheme or in any other way to ensure that opportunities for securing justice are not denied to any citizen of India by reason of economic or other disabilities. 

▪️ Article 42
State make provision for securing just & humane conditions of work and for maternity relief.

▪️ Article 46
State to promote with special care or protection the educational and economic interests of the weaker sections of people and to protect them from social injustice and all forms of exploitation or misuse.

▪️ Article 47
State to increase the level of nutrition and the standard of living of its people.

▪️ Article 51
To promote harmony and the spirit of common brotherhood amongst all the people of India (transcending religious, linguistic and regional or sectional diversities) and to renounce practices derogatory to the dignity of women.

▪️ Article 243

  • Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Tribes and the Scheduled Castes ) of the total number of seats to be filled by direct election in every Panchayat shall reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat. 
  • Provided that Not less than one- third of the total number of office of Chairpersons in the Panchayats at each level to be reserved for women. 
  • Not less than one third (including the number of seats reserved for women belonging to the Scheduled Tribes and the Scheduled Castes) of the total number of seats to be filled by direct election in every Municipality to be reserved for women & such seats may be allotted by rotation to different constituencies in a Municipality. 
  • Offices of Chairperson in the Municipalities reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the legislature of a State may by law provide.

Thursday, July 18, 2019

Judge Advocate General Entry Scheme (JAG 24) Recruitment @ Indian Army

Applications are invited from UNMARRIED male and female LAW GRADUATES for grant of Short Service Commission in the Indian Army for Judge Advocate General Branch.

Title of the job
Judge Advocate General

Total Vacancies
▪️Men - 05
▪️Women - 03.

Age Limit 
21-27 Years

Minimum 55% aggregate marks in LLB Degree (3 years professional after graduation or 5 years after 10+2 examination).

The candidates should be eligible for registration as an advocate with Bar Council of India/State. Candidate should be from a College/University recognized by BCI.

How to apply? 
Applications will only be accepted online on No offline applications will be accepted.

Online application will open on 16 July 2019 at 1200 hrs and will close on 14 August 2019 at 1200 hrs.

Candidates are advised to read the official notification carefully and then fill up online application form to avoid mistake,and thereby rejection of application.

For Official Notification, Click here 

Kulbhushan Jadhav Case, How India Achieved Great Success In International Court Of Justice

Kulbhushan Jadhav is a former officer of the Indian Navy. After retiring from the Navy, Kulbhushan Jadhav started his business in Iran. Pakistan says that on March 29, 2016, he arrested Jadhav from Balochistan, while India says that Kulbhushan was arrested from Iran.

India Arguments In International Court Of Justice 

  • During the arrest and punishment of Jadhav, Pakistan breach the international law and the Vienna convention. 
  • With the cancellation of Pakistan military court decision, Jadhav death sentence should be stopped.
  • Rejecting Jadhav confession, his case should be re-entered in the civilian court. 
  • Jadhav should be given legal aid, diplomatic access and India should be allowed to have its own legal stand.

Pakistan Arguments In International Court Of Justice 

  • India claims should be termed as baseless. India claim that our military court does not have qualified judges and officers.Our judiciary is independent. 
  • India has sought relief from the ICJ which is not within the purview of the ICJ. 
  • Jadhav has been given full legal advice or aid in Pakistan.
  • We have strong evidence against Jadhav. There is also a video of his confession.
  • Pakistan did not give Jadhav consular access because of his involvement with the spying.

ICJ Judgment

On the issue of kulbhushan jadhav, who is facing the death sentence in Pakistan on the allegations of spying, India has achieved great success in the international court.The court has agreed with India plea and directed Pakistan to think effectively again on the death sentence awarded to Jadhav and to give consular access.

The International Court of Justice ruled with a majority of 15 -1 and said that despite repeated appeals Pakistan did not allow Jadhav to consular access and also did not give lawyer, which is a violation of the rights of India under the Vienna convention. In 15 judges, only the Pakistani judge opposed. China judge is also in favor of India.

International Court President Abdulqawi Ahmed Yusuf said that Pakistan had given the information of Jadhav arrest three weeks later, which is wrong. There was no fair trial of Jadhav's case in Pakistan. Pakistan failed to prove that due to which so-called action in India, it failed to fulfill its obligation.

Pakistan violated these international laws

  • In the case of Jadhav arrest, detention and prosecution, Pakistan violated the Vienna Convention on Consular Relations,1963 because Pakistan had said directly that Indian officials will not be allowed to meet Kulbhushan.
  • Pakistan did not immediately inform Indian officials after arresting Jadhav. Rather reported 3 weeks later.
  • Pakistan has violated Article 36 (1) (b) of the Vienna Convention because Pakistan did not give Jadhav legal adviser and lawyer to fight the case.
  • Breaking the rules of the International Covenant on Civil and Political Rights. Right to make an effective argument against criminal charges was taken away from Kulbhushan Jadhav. 

Is a country forced to obey the decision of the international court? 

The answer is that in the case of Jadhav, theoretically Pakistan will be compelled to accept ICJ decision. Because India  appeal has been given on the basis of the Vienna Convention. The treaty has been signed by Pakistan. Or say, countries that have signed the treaty are obligated to abide by the ICJ decision.

But there are instances where countries did not accept the ICJ  decision. Once the US Court convicted 51 Mexican citizens for their conviction. Mexico reached the ICJ. In 2004, the ICJ ruled against the US , but the US did not accept the ruling and said that no one can sideline our national laws.

So, it can be said that the country is not compelled to accept the ICJ decision. If a country refuses to accept the decision, then the role of the UN Security Council becomes crucial. Then there's voting in case.

Download Judgment, Click here

Monday, July 15, 2019

National Seminar on Legal Metrology Act/Rules & Legal Metrology Awards 2019 @ Mumbai

Legal Fundda Infotrain & Mission Knowledge Presents"National Seminar on Legal Metrology Act, 2009 & Packaged Commodities Rules, 2011 &"Legal Metrology Awards - 2019".

Date - 1st August 2019

Venue -  Hotel Holiday Inn, Sakinaka, Andheri, Mumbai


LM Act - Standard Weights or Measure, Basic Units, Prohibition of Quotation, Structure of LM Dept. Power of Inspector & Forfeiture, Declarations on Pre-package Commodities. Advertisement, Verification & Stamping, Offence & Penalties, Compounding, Nomination, Appeal, Court Order.
LMPC Rules - Provisions for Packages, Exemptions, Package Commodities, Retail/Wholesale Pack, Standard Pack, Mandatory Declarations on Retail/Wholesale Pack, Area of Principal Display Panel, Height & Width of Numerals & Letters, Declarations Where to Appear & Manner, Statement of Unit of Weight, Measure or Number, Permissible Error, Deceptive Pack, Registration of Manufacturer, Packer & Importer, Registration of Shorter Address, Fine, Power To Relax, E-commerce, Web-Portal, TV & Paper Advertisement, Etc.

List of various compliances under LM Act/Rules to be checked quarterly.

Special Session for question and answers, participants may bring their actual products for clarification of doubts.

Acts/Rules/Regulations/Case Laws

• Legal Metrology Act, 2009.
• Legal Metrology (Package Commodities) Rules, 2011.
• Legal Metrology (Packaged Commodities) Amendment Rules, 2017.
• Judgements of High Court and Supreme Court of India.

Expert Speakers

1) Mr. B. K. Zaware, Ex-Asst. Controller of Legal Metrology, Govt. of Maharashtra, Mumbai.

2) Mr. Kirti Parekh, Advocate, High Court, Mumbai.

3) Mr. Subhash Shete, AGM - Legal, Valvoline Cummins Pvt. Ltd. Mumbai.[Ex-Walmart, Cadbury/Mondelez, Hindustan Unilever, Parle Agro, & Jetking]

After attending this seminar, you will be able to 

• Know all about LM Act / LMPC Rules and statutory compliance required to be followed.
•Understand all the mandatory requirements for labelling of various Packaged Commodities, Print Advertisement, TVC, & E-commerce portal.
• Identify non-compliance and rectify it.
• Defend any false allegation regarding misleading and non-conformance.

 “Legal Metrology Awards – 2019”

If you have done some remarkable work in the field of legal metrology, such as execution of changes on label w.e.f. 1st Jan-2018 and many such small or big initiatives to get compliance done and keep your organization protected and 100% compliant, etc. you must deserve a recognition for your remarkable work and also let others know about all such initiatives so that same can be replicated to achieve 100% compliance. Kindly share below details with us:

“Award Nomination Form”

1. Name:______________________
2. Qualification:________________
3 Company/Law Firm Name:__________
4. Designation:_____________________
5. Remarkable work in the field of legal metrology:____(In only 1000 words)__________
6. Other work: ___________(In only 500 words)_______________
7. Previous awards & recognition (if any)_________________________

Seminar Registration Fees is Rs.8,000/- only (Including food, study materials & participation certificate).

Award Nomination Fees is Rs.25,000/- only (Including seminar registration for a person, food, study materials & participation certificate).

For Online Booking, Click Here

For Bank Transfer

A/c Name - Legal Fundda Infotrain
Current A/c No -37930702996
IFSC Code No -SBIN0008239
Bank/Branch - State Bank of India, Surendra Nagar.

Contact Us 
For Registration, Nomination or Group Discount write to us on or OR call on 08459717897, 07977529006

Law_prudentia Is The Media Partner Of This Event. 

Friday, July 12, 2019

Supreme Court Landmark Verdict On Article 21 Of Constitution In Maneka Gandhi Case

In Maneka Gandhi v/s Union of India case, the Supreme Court widened the scope of Article 21 of Constitution Of India. Maneka Gandhi case is not only a milestone for the interpretation of Article 21, but also given a completely new approach to see Chapter III of the Constitution.

Before Maneka Gandhi decision, Article 21 guaranteed the right to life and personal liberty only against arbitrary action of executive and not from the legislative action.

In this case, Maneka Gandhi was issued a passport by passport authority under the Passport Act, 1967 on 1/06/1976. But on 2/07/1977, Maneka Gandhi received the letter from the regional passport office, New Delhi. In letter, passport authority stated that Maneka gandhi submit her passport to the passport authority within 7 day from the receipt of the letter.

Maneka Gandhi immediately wrote a letter to the regional passport officer and seeking reasons for impounding her passport. In response of her letter, Ministry of External Affairs replied that decision was taken by government of India to impound her passport in the interest of general public and also ordered to passport authority to not render him reasons.

Later, Maneka Gandhi filed a writ petition under Article 32 of constitution in the supreme court challenging the order of the government of India as violating her fundamental rights guaranteed under Article 21 of the Constitution of India.

Judgment Of The Case 

The seven judges bench of Supreme Court was held that Section 10(3)(c) of the passport act, 1967 was undefined and vague. It violates Article 14, 19 and 21 of the constitution of India because it doesn't confer any opportunity to the petitioner of being heared and the procedure which have established by the passport authority is worst one. It's also against the against Articles 19(1)(a) and 19(1)(g) because restrictions can be imposed on this fundamental rights but not under Article 19(2) and 19(6).

It was finally held by the court that the right to travel & go outside the country is included in the right of personal liberty which is guaranteed under Article 21. The court ruled that the mere existence of a competent law was not enough to control personal liberty. The law must also be "just, fair and reasonable".

Download Judgement 

Wednesday, July 10, 2019

Teaching Posts @ National University of Study and Research in Law, Ranchi

National University of Study and Research in Law(NUSRL), Ranchi invites applications from suitable candidates in the discipline of law as Faculty in the University.

Title of the job 

Professor (Law)
Associate Professor (Law)
Assistant Professor (Law)

Total Vacancies 

Professor - 02 (Two)
Associate Professor - 02 (Two)
Assistant Professor - 02 (Two)

Pay Scale

  • Professor - 37400-67000 AGP 10000
  • Associate Professor (Law) - 37400-67000 AGP 9000
  • Assistant Professor (Law) - 15600-39100 AGP 6000


Qualification and experience as per UGC norms

How to apply

Duly filled in application form along with Demand Draft of Rs.1,000/- (application fee) drawn in favour of “Registrar, NUSRL Ranchi” payable at Ranchi and with the relevant supporting documents duly self-attested should be sent so as to reach The Registrar, National University of Study and Research in Law, At: Nagri, PO: Bukru, PS: Kanke, Kanke-Pithoria Road, Kanke, Ranchi (Jharkhand) Pin – 834006 on or before 31/07/2019 by 17:00 hrs Indian Speed Post or India Registered Post only

For Application Form, Click Here

For Official Notification, Click Here

Tuesday, July 9, 2019

Rights Of Arrested Person Set By Supreme Court

The arrested person in an offence also has his own rights. When the police arrest him, he has to follow a set of rules. The Supreme Court gave a landmark verdict in the Joginder Kumar vs State of UP case in view of human rights.The Supreme Court had held that every person has the right to life and liberty in Article 21. This right must be enforced.

Rights Of Arrested Person 

  • It is compulsory to present the accused before the magistrate within 24 hours after the arrest of cognizable offense. During this, he has the right to seek advice from the lawyer.
  • Whenever a person is arrested, the arrested person has the opportunity to tell his relative or friend that he has been arrested by police. 
  • In addition, it is the duty of the police to tell the person why he has been arrested.
  • When the accused is arrested, the search memo is prepared for whatever material he has got. This list is given to the relative of the arrested person.
  • At the time of his arrest, he is told by the police what his legal rights is.
  • If the accused is not able to make his own lawyer, he is provided a lawyer by the court. A lawyer of legal aid is attached to each court and is allowed to meet the accused so that he can defend it.

Procedure Of Police Custody 

If a custody is required for interrogation of the accused, at least the sub-inspector can file a remand application before the court. He has to satisfy the court on why the police need a custody.

  • No more than 14 days of police custody can be sought. While seeking remand in the court, the government side has to satisfy the court as to why it is necessary to take the accused on remand.
  • In the court, the defendant side give their arguments and the court decides whether the accused should be remanded to police custody.
  • When the court passes an order to hand over the accused to police remand, the accused is directed to undergo immediate medical treatment so that his medical condition is known.
  • During custody, the accused is continuously medically treated and within 24 hours the accused is allowed to meet his lawyer.
  • If the accused takes any medicine, he will be provided by the police.
  • During Custody, the accused cannot be tortured in any way. The law does not permit it.