CHIT FUND CRIME


Court freezes chitfund stash worth Rs 1.6 crore

NEW DELHI: As lakhs of depositors suffer from the menace of ponzi schemes, a special PMLA court here has ordered freezing of Rs 1.63 crore in bank accounts of owners of chitfund companies running inHaryana and Punjab which have allegedly cheated people.
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CYBER CRIME – BANKING SECTOR


HSBC case is an eye opener 

The recent HSBC case has once again highlighted the various loopholes and drawbacks in the existing system impacting the outsourcing sector. Time and again, various cases have been happening like the Karan Bahree and the Mphasis incidents that have demonstrated the utter inadequacy of existing cyberlaws to deal with data theft-related cases. A perusal of the entire scheme of the Information Technology Act, 2000 clearly shows that the IT Act is not a data protection law. It is merely an e-commerce enabling law, which also addresses a couple of other issues.

When Court may alter charges ?


Section 216 in The Code Of Criminal Procedure, 1973

216. Court may alter charge.

(1) Any Court may alter or add to any charge at any time before judgment is pronounced.
(2) Every such alteration or addition shall be read and explained to the accused.
(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.
(4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.
(5) If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.

Parameters of Ultra Vires


A piece of Legislation is said to be ultra vires, when it contains provision beyond the scope and object of its parent legislation.

Ultra vires is a Latin phrase meaning literally “beyond the powers”, although its standard legal translation and substitute is “beyond power”. If an act requires legal authority and it is done with such authority, it is characterised in law as intra vires(literally “within the powers”; standard legal translation and substitute, “within power”). If it is done without such authority, it is ultra vires. Acts that are intra vires may equivalently be termed “valid” and those that are ultra vires “invalid”.  https://en.wikipedia.org/wiki/Ultra_vires

LIVE IN RELATIONSHIP – WHETHER ANY LEGALLY ENFORCEABLE RIGHT EXISTS THERE


Dear friends one of my frnd have question…

AGAR EK LADKA EK LADKI DONO MUTUALLY HUSBAND WIFE MANTE HO.

ladki sms me bhi ladke ko apna husband accept kar liya ho.

unke bich physical relation bhi rahe ho.

aur mandir me shadi kar liya.

Par baad me family force se badal jati ho to kya ladka court me writ kar sakta ha?

Do Political Parties come within the ambit of RTI?


The Communist Party of India (Marxist) cannot accept the order of the Central Information Commission that political parties are to be treated as “public authorities” and brought under the purview of the Right to Information Act. This decision is based on a fundamental misconception about the role of political parties in a parliamentary democracy.

The CIC order states that “six national parties are substantially financed by the Central Government and therefore they are held to be public authorities under the Act”. This is untrue because the bulk of the funding and finances for the parties do not come from the government or any State institution. In fact, the CPI(M) does not even accept funds from the corporates which is legally permissible.

One of the concerns of the CIC seems to be transparency of the funding and finances of political parties. At present according to the law all political parties are required to submit their accounts to the Income Tax department and the Election Commission. Already under the RTI, the statement of accounts and the finances of the parties are accessible to anyone from the Election Commission. Any more details of the financing of the Party can be sought for and has to be given. The CPI(M) has from the outset taken the stand that the financial statements and accounts of a party should be publicly available.

But this does not mean that a political party has to be treated as a public authority. This will interfere with and hamper the functioning of a political party. A political party is a voluntary association of citizens who believe in the ideology, programme and leadership of the party. That party is accountable to its membership. To apply the Right to Information Act and demand access to the internal deliberations of the party whether it be on policy matters, organisational decisions or selection of candidates will constitute a serious infringement of the inner-party functioning, confidentiality of discussions and undermine the political party system itself. Opponents of a political party can utilise the RTI as an instrument to destabilise a party.

Given the serious implications of this order of the CIC for the political party system and parliamentary democracy, the matter should be discussed by the Government with all political parties so that suitable steps can be taken to preserve the integrity and the role of political parties in a democratic political system.

ANTICIPATORY BAIL


Criminal Procedure Code – Section 438

Presumption of innocence of an accused until he is found guilty is well settled legal proposition.

AIR 2011 SC 312