#shristi k

[reportwire]

CHISO MAANCHHE -Nepali Movie Official Trailer 2022| Swastima Khadka, Arpan Thapa, Dipendra K. Khanal

CHISO MAANCHHE -Nepali Movie Official Trailer 2022| Swastima Khadka, Arpan Thapa, Dipendra K. Khanal

New Nepali Movie CHISO MAANCHHE Official Trailer 2022/2079 || Arpan Thapa, Swastima Khadka, Desh Bhakta Khanal, Aashant Sharma, Prabhakar Neupane, Ram Babu Regmi, Jhaken BC, Sanjog Rasali, Puspa Awasti, Shristi Acharya, Bikash Khanal Etc… Nepali Feature Film – चिसो मान्छे Chiso Maanchhe In Cinemas : असार ३ ।। JUN 17 ► Cinematographer/Writer/Director : Dipendra K. Khanal ► Producer : Sharmila…

View On WordPress

#Aashant Sharma #Arpan Thapa #chiso maanchhe #chiso manchhe #chiso manchhe movie promo #chiso manchhe nepali movie trailer #chiso manchhe promo #chiso manchhe trailer #Desh Bhakta Khanal #Dipendra K. Khanal #latest nepali movie #latest nepali movie 2022 #movie trailers 2021 #movie trailers 2022 #Nepali Movie #nepali movie tearse 2022 #new nepali film #new nepali movie #new nepali movie 2022 #new nepali movie chiso manchhe #OSR Digital #Sharmila Pandey #Swastima Khadka #swastima khadka chiso manchhe

[sisaki1]

Sisaki - BATASH x MAYA MA | cover |

- Sisaki

  #Batash #Mayama #cover #sisaki # sisakimusic  # sisakisongs  #nepalisongs  # nepal  # newsongs  #new  # coversongs 

#sisaki #maya #cover #sisaki music #sisaki songs #nepali songs #nepal #nepali #new song #new #new music #music #Shristi K #trend

[vsplusonline]

Homemade face masks of these students helping fight Corona pandemic in villages of Sangam city - Times of India

New Post has been published on https://apzweb.com/homemade-face-masks-of-these-students-helping-fight-corona-pandemic-in-villages-of-sangam-city-times-of-india/

Homemade face masks of these students helping fight Corona pandemic in villages of Sangam city - Times of India

PRAYAGRAJ: At a time when kids of several households are trying to figure out how to spend their time during the lockdown, life for Shriti and Reyansh, students of class 6 th of Lala Ram Kumar Agarwal school, Naini, is different. At this young age, they are among the eight-member team of ‘project Arpan’, making facemasks at their homes and providing the same to different villages of trans-Yamuna area to fight Covid-19 pandemic.

These ‘corona fighters’ are of the age group of 11 to 15 years and their inspirational efforts have till now helped over 5000 individuals including not only the villagers but customers of the petrol pump of the owner of their school, policemen, newspaper hawkers, vegetable vendors and other common man.

The other team members including Sidharth, (class12), Saumya, Saniya, Roshini, Shristi (all class 10), Shikha (class 9), Tanu (class 8) are making around 500 masks every day for the past over one week.

“When the school got closed during lockdown and my wife, Pratiksha, was managing the online teaching, the thought was discussed among the teachers and some of students that why not use the spare time and start trying making facemasks, and when mother of one of the student showed the prototype, we instantly decided to go ahead”, said Anuj Agarwal, the resident of Naini.

He further added, “around 10-12 masks are made from One meter of cloth and including the expense of elastic, each of the mask costs us around Rs 5. Thus project Arpan kicked off and we have distributed over 5000 masks among different villages like Cheoki, dadri, Dubrajpur, Naini goan, Samugara, Vishnupur etc”.

The school management is proving cloth and the masks thus prepared are being distributed free to number of villages of trans-Yamuna area. After attending the online classes, the junior kids start cutting the cloth, elastic etc while their senior members along with their mother do the sewing work.

The work is being done at individual households of the these students, who collect the ready masks at one place from where it is taken to be distributed in the village.

Since early morning, these small kids arrive in the selected village along with the principal of their school, Kaushal Singh, and start their work of going door to door, making the villagers aware as to why they should start wearing mask and other symptoms related to Corona.

“In their task, I have never seen these kids getting tired or unable to explain their motive to the villagers, infact since the majority of the team members are girls, they get an easy access to the houses in the village, meet the women folk and explain as to how to use the mask, wash with care and reuse the same, every time they go out in open”, said Kaushal Singh, the principal.

“This is something that I owe to my alma mater and witnessing the sheer selfless commitment of these young students, their approach to the pandemic is enough to give the strength to anyone fighting the hardships of life”, says Sukriti Singh, a former student of the school and the key member of the project.

However, the team is facing number of challenges too for their fight. “We don’t have green or blue colour cotton cloth here at Naini and likewise, the stock of elastic, thread etc at Naini is over, now we are somehow managing to contact the wholesaler of the city and procure the raw material”, said Anuj. Now that we are not getting green or blue colour cloth, we are using black coloured cloth.

The noble cause is getting support of some good Samaritans too. On Monday, IG Police, K P Singh have contributed by sending 200 meters of cloth for the masks.

Source link

#COVID #Face Masks #face masks in india #homemade face masks #Homemade mask #Career

[loyallogic]

Justice K.S. Puttaswamy (Retd.) and Anr. Vs. Union of India, Writ Petition (Civil) No. 494 Of 2012

This article is written by Shristi Suman, a second-year student of Symbiosis Law School, Hyderabad. In this article, the landmark judgment of the case Justice K.S. Puttaswamy (Retd.) and anr. V. Union of India has been discussed.

Introduction

Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India is a landmark case and the judgment was given by the Hon’ble Supreme Court of India. The judgment given in the case by the Bench gave a new perspective to the Right to Privacy of the citizens. It was held that the Right to Privacy is a Fundamental Right under Articles 14, 19 and 21 of the Indian Constitution.

The Hon’ble Court upheld the Aadhaar Act and stuck down the provision of the Act which was unconstitutional. It was held by the Court that the Right to Privacy of the citizens has to be protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution. The Court explicitly overruled the previous landmark judgments of the Supreme Court Kharak Singh vs State of UP and M.P Sharma vs Satish Chandra in which it was held that Right to Privacy is not a Fundamental Right of the citizens under the Indian Constitution.

Summary of Facts

‘Unique Identification for BPL Families’ was a project which was initiated by the Government of India. A Committee was set up for the project. The creation of a Unique Identification database was suggested by the Committee for the said project. The project was decided to be set up in three phases. 

In January 2009, the Planning Commission of India passed a notification on UIDAI (Unique Identification Authority of India). In 2010, the National Identification Authority of India Bill was passed by the Commission. Retired Justice K S Puttaswamy and Mr. Parvesh Sharma in November 2012 filed a PIL Writ Petition in the Supreme Court challenging the validity of Aadhaar.

The scheme was challenged as it was violative of Fundamental Rights. The scheme violated the right to privacy under Article 21 of the Indian citizens. After filing this writ petition, a series of orders were passed. The Aadhaar Act was passed in 2016. The petitioners then filed another writ petition challenging the vires of the Act. This writ petition was then merged with the previous one and was treated as one writ petition.

Jairam Ramesh who was the Former Union minister and Congress leader moved Supreme Court in May 2017. He challenged the decision to treat the Aadhaar Bill as a money bill.

On 24th August 2017, the Supreme Court ruled that the right to privacy is a Fundamental Right under Article 21 of the Indian Constitution. On 17th January 2018, the hearing of Aadhaar Case was started in Supreme Court. The Supreme Court on 25th April 2018 questioned the Centre on linking the Aadhaar with mobile. On 26th September 2018, the Supreme Court held Aadhaar card to be valid but struck down certain provisions such as mandatory linking of Aadhaar with mobile, bank accounts and school admissions.

Identification of Parties

Petitioner- Justice K.S.Puttaswamy (Retd).

Respondent- Union of India.

Bench- Justice D. Misra, Justice D.Y. Chandrachud, Justice A Bhushan, Justice AM Khanwilkar, Justice A Sikri.

Issues before the Court

Whether the Aadhaar Project has a propensity to create a surveillance state and is thus unconstitutional based on this ground?

Whether the Aadhaar Project violates the right to privacy of the citizens and is unconstitutional based on this ground?

Whether Section 7 and 8 of the Aadhaar Act also includes children?

Whether the following provisions and Regulations of the Aadhaar Act are unconstitutional:

Sections 2(c) and 2(d) read with Section 32;

Section 2(h) read with Section 10 of the Act- Central Identities Data Repository (CIDR);

Section 2(v), Section 3, Section 5, Section 6, Section 8, Section 9;

Sections 11 to 23;

Sections 23 and 54;

Section 23(2)(g) read with Chapter VI & VII; 

Section 29, Section 33, Section 47, Section 48, Section 57, Section 59

Whether the Aadhaar Act can be treated as a ‘Money Bill’ within the meaning of Article 110 of the Indian Constitution?

Whether Section 139AA of the Income Tax Act, 1961 violates the right to privacy of the citizens under the Indian Constitution?

Whether Rule 9(a)  of the Prevention of Money Laundering (Maintenance of Records) Rules, 2005 and the notifications issued thereafter, which mandate linking of Aadhaar with bank accounts, are valid under the Indian Constitution?

Whether Circular dated March 23, 2017, issued by the Department of Telecommunications which mandates the linking of the mobile number of the citizens with Aadhaar is illegal and unconstitutional?

Whether certain actions which were taken by the respondents are in contravention of the interim orders passed by the Court?

            Click Above

Contentions by Parties on issues

Petitioners

The petitioners contended that the planning of the Aadhaar Act by its very virtue is probabilistic in nature. The Act aims to extend subsidies, benefits, and services to society. It is possible that rather than providing these benefits, subsidies, and services to the section of society for which these are meant, it may end up excluding them from receiving such beneficiaries.

The main arguments were that the Act may take away the rights and liberties of the citizens of the country which are guaranteed to them under the Indian Constitution. Strict implementation of the Aadhaar Act can be a serious problem as it is contrary to the Fundamental Rights which are given in the Indian Constitution to the citizens of the country.

The Aadhaar was in contravention to the Constitution and had the potential to enable an intrusive state to become a surveillance state (a state in which the Government has the ability to monitor the activities of its citizens) based on the information that would be collected from each individual by creating a joint electronic mesh.

It was contended that the Right to Privacy of the citizens was being violated. Right to Privacy is an integral part of Article 21 of the Indian Constitution i.e. Right to life and liberty. The Act imposes restrictions that are not provided under Article 19 as reasonable restrictions. If any restriction is imposed then it is important that it satisfies the requirements of Article 14 and 19 of the Indian Constitution. It is also important that the law which imposes such a restriction must be fair, just and reasonable.

In the present case, the restrictions which are imposed by the Government through the Aadhaar Act do not fall under reasonable restrictions and are arbitrary and unreasonable. There isn’t any reasonable classification as there is no nexus between the classification of society made by the Act and the objective which the Act strives to achieve. The information which was sought from the citizens violated the integrity of the citizens. The object of the Act was not in nexus with the information which was sought to be collected by the citizens. The Act also made a classification of citizens based on religion. Classification based on religion did not only discriminate citizens but also forced them to reveal their religion which is violative of Article 25 of the Indian Constitution. Further, the Act also made Aadhaar Cards compulsory for availing certain benefits that were offered by the Government to the citizens under the Act. The compulsion of Aadhaar Cards will also enable the Government to put the citizens under its surveillance and this would amount to a violation of the Right to privacy under Article 21 of the Constitution. Violation of the Right to privacy is a very serious violation of the Right to life as it encroaches upon the life and dignity of the citizens which is the basic right guaranteed under the Constitution.

Most of the counsel who appeared for different petitioners agreed that as far as allotment of Aadhaar number for unique identification of the residents is considered there was no question of dispute.

The arguments which were made by some famous lawyers against the Aadhaar Act were as follows:

Shyam Divan

Shyam Divan was the first counsel who started with the petitioner’s arguments. He challenged the Aadhaar Act, 2016. He contended that as per the Indian Constitution the State is bound to provide benefits to its citizens by way of subsidies and services. The Aadhaar Act makes these benefits conditional for the citizens which the State is bound to provide to its citizens. To avail such benefits the Aadhaar Act needs the citizens to give their biometric and demographic information. Section 7 of the Act was challenged on this ground by Shyam Divan.

The Aadhaar Act enabled the Government to track the citizens which violated their right to privacy and hence was unconstitutional. The UIDAI gives the power to the State to cancel the number of the citizens which is provided in their Aadhaar and such an act of the State would not have any redressal mechanism.

Kapil Sibal

The main contention of Kapil Sibal was that when Right to Privacy was made a Fundamental Right under Article 21 of the Constitution then the personal information of the citizens which the Act seeks to receive should not be allowed. The Act takes away the right to make a choice from the citizens as according to the Act it is mandatory for the citizens to reveal the information to the State which the Act needs them to in order to avail the benefits and subsidies provided by the Government as without Aadhaar authentication the citizens will be denied of those Government beneficiaries. The Aadhaar Act takes away the informational privacy from the citizens which have been recognized as the Right to Privacy.

It was contended by him that the collection of information from the citizens violates Article 21 of the Constitution.

Arvind Datar

It was contended by Arvind Datar that the Aadhaar Act is unconstitutional as it can’t be treated as a money bill. Linking of the bank accounts with Aadhaar violates the rights of the citizens as they are not left with a choice to operate their bank accounts without linking it with the unique ID and hence, it is violative of Article 14 and 21 of the Constitution. Further, the State did even give an explanation to the citizens for linking their bank accounts with Aadhaar. A reason to do so was needed to be given by the State in order to explain the object which the State intends to achieve by doing so. The right to make a choice is a right that has been recognized as a Fundamental Right under the Right to privacy. The Aadhaar Act takes away the right to make a choice by the citizens and thus, violates the Fundamental Right of the citizens under Article 21 of the Constitution.

The Act also violates the principle of proportionality under Article 14 of the Constitution as having an Aadhaar will give a valid identity to a person and whosoever fails to do so will not be considered to have a valid identity.

He argued that Section 139AA of Income Tax Act which makes it compulsory for citizens to link their Aadhaar with their bank accounts is violative of the Right to Privacy under Article 21 of the Constitution and is needed to be reconsidered.

P Chidambaram

It was contended by P Chidambaram that the Aadhaar Act was in no way a money bill and so it should not be treated as one. He stated that a bill to qualify to be a money bill needs to go through strict criteria that have been set and if the bill passes such criteria only then it can be treated as a money bill. He also stated that all the money bills need to go through the Rajya Sabha and then it is passed to the President for his assent. The President has the power to send back the money bill for reconsideration which has been passed by the Rajya Sabha if he feels that some corrections are needed to be made in it. 

Hence, the provisions of the Aadhaar Act which fails to fulfill the criteria of a money bill cannot be considered to be passed and so the entire law is void and needs to be struck down.

Respondents

It was stated by the respondents in the affidavit that their intention behind introducing the Act was to ensure that all the citizens who are eligible for the benefits and subsidies by the Government receive such benefits and subsidies and aren’t deprived of it. 

It was also rebutted by the respondents that the Aadhaar Act does not ask for any information which can violate a person’s Right to Privacy. It was submitted by the respondents that the Act barely asks for any personal information from the citizens which can enable State surveillance on them. The respondents further stated that the demographic information which the Act seeks to ask from the citizens include name, date of birth, gender, address, mobile number and email address of the citizens. Providing mobile number and email address to the State was left on the option of the citizens and these two are required only for transmitting relevant information to the AMH and for providing One Time Password (OTP) for their authentication. The information which the Act seeks to receive from the citizens is in the public domain. It was also stated by the respondents that the Act under Section 2(k) specifically provides that the regulations cannot ask for the information like race, religion, caste, tribe, ethnicity, language, income, records of entitlement or medical history from the citizens and hence, any sensitive information can’t be asked from the citizens through this Act. In light of the Section stated above the scope of obtaining any additional demographic information is very limited and even the biometric information which the Act seeks to obtain from the citizens is limited to their fingerprints and an iris scan. 

This specific exclusion, in the context, ensures that the scope of including additional demographic information is very narrow and limited. Such biometric information is very commonly obtained all over the world in order to identify a person. The argument of the respondent was, thus, that the information which Aadhaar Act seeks to obtain is non-invasive and non-intrusive identity information.

The comprehensive reports on data protection and informational privacy were prepared by the Planning Commission of India under the Chairmanship of Retd. Justice A.P. Shah. the report included five salient features that aimed to protect the privacy of citizens.

The framework suggested by the Planning Commission was based on the following five salient features:

technological neutrality and interoperability with international standards; 

multi-dimensional privacy; 

horizontal applicability to state and non-state entities; 

conformity with privacy principles; and 

a co-regulatory enforcement regime.

On 31st July 2017, the Central Government constituted a committee to review data protection norms in the country and make recommendations which was chaired by Retd. Justice B N Srikrishna, former Judge of the Supreme Court of India. The Committee had recently released its report and the first draft of the Personal Data Protection Bill, 2018. It comprehensively addresses the process of personal data. It includes information like where such data has been collected, disclosed, shared or otherwise processed within the territory of India. The provisions and principles of Europe’s General Data Protection Regulation (EUGDPR) and EU data protection jurisprudence were used for the purpose of framing the bill.

The traditional concepts of the data controller in which the entity processes the data and the person whose data is being collected known as data subject was replaced by the Draft Bill. The new concept introduced by the Draft Bill was ‘data fiduciary and dad principal’. The new concept aimed to establish a trust-based relationship between the entity and the person whose data is being collected.

The Draft bill and the report includes the rights and obligations of the data fiduciary and data controller respectively. These rights include the right to access and correction, the right to data portability and the right to be forgotten – a right to prevent or restrict disclosure of personal data by a fiduciary. The consent plays a crucial role as it has been given an important status in the draft data protection law. Thus, for the purpose of the process of processing the personal details of the citizens, it plays a significant role.

It was stated by the respondents that Aadhaar works as an identity card which is used by around 92 crore people for accessing various social schemes or availing benefits which are provided by the Government to its citizens. It is a document which widely is being used by the citizens and restricting it would create a problem for the citizens. Aadhaar is a document that can help the Government in detecting and eliminating the duplication and impersonation in muster rolls and beneficiary lists. It also helps the workers under MGNREGA and pensioners to withdraw their wages and pensions every month. 

The respondents also rebutted the privacy contention stating that the data which is obtained by the Act is secure as it is encrypted at its source and all the biometrics of the citizens are stored by the Government in the Government of India’s servers. The Government of India’s servers has a security standard which is one of the best in the world. The duplication of cards or fake cards for availing the benefits which are provided by the Government can be avoided with the help of Aadhaar number which asked from the citizens. Aadhaar will also be able to help in reducing the involvement of middlemen who try to drain off a part of the Government’s subsidy which is made available for a particular section of the society. Government subsidies are mainly concerned with goods and services like food grains, fertilizers, water, electricity, education, healthcare. The Government usually provides these goods and services at a lower price than the market price. To make this initiative work efficiently Aadhaar can be used. Aadhaar can be used to ensure timely and direct payment to the sections of society for which subsidies are made available by the Government and prevent leakage of money. This step can save thousands of crores of rupees which are lost in leakage. The Government have identified crores of duplicate ration cards, Aadhaar can ensure that the benefits and subsidies which are mean for certain sections of society actually reaches them.

The objective behind the provision which is included by the Government for the citizens to quote their Aadhaar number while applying for PAN card and for filing Income Tax returns is to identify the tax evaders by linking their PAN card with Aadhaar. Mandatory linking of PAN card with Aadhaar can curb tax evaders and also ensure that one person owns only one PAN card. Making Aadhaar mandatory can identify the fraudulent practices which are going on in the country and curb it to a large extent. Unique Identification Authority of India can even permanently or temporarily deactivate an individual’s number which has been provided in the Aadhaar.

Judgment

The Aadhaar Act was held to be valid by the Supreme Court. The Hon’ble Court stated that sufficient security measures have been taken by the Government in order to keep the data safe which the citizens have been asked to reveal for Aadhaar. A five-judge bench led by CJI Dipak Misra decided the case. The Bench asked the Government to take measures to provide more security in order to protect the data obtained by the people. It was also stated by the Court that the information which has been obtained by Aadhaar should not be released to the commercial banks, payment banks, and e-wallet companies. E-wallet companies like Paytm asked their customers to get their KYC done by using their Aadhaar cards. It was held by the Court that such information of Aadhaar should not be released to them. It was also stated by Bench that telecom companies cannot seek details of Aadhaar from their customers when they buy a new sim card and even schools shall not ask students to provide their Aadhaar number for appearing in board exams or for admissions.

The Supreme Court upheld the validity of Aadhaar and made it mandatory for availing the benefits and subsidies of the Government. The Act ensures that the benefits and subsidies of the Government are received by the people for whom it is meant. The Court held Section 57 of the Act to be unconstitutional and was, therefore, struck down. 

The court held that Aadhaar card shall be made mandatory for availing the welfare schemes, benefits, and subsidies that are provided by the Government as it empowers the poor and ensures that the benefits and subsidies are received by the sections of society for which it was meant. Section 57 of the Aadhaar Act was held to be unconstitutional and was struck down. The Supreme Court held that children would not be denied the benefits of any Government scheme if they do not have an Aadhaar card. The Bench of the Supreme Court also struck down the national security exception under the Aadhaar Act.

The Court also explained the difference between an identity card and Aadhaar. Aadhaar has a unique identification and hence can’t be duplicated like other identity cards. Further, the Court also stated that the objective of Aadhaar is to give identity and empower the poor of the society by making sure that they are able to avail the benefits and subsidies which are provided by the Government for them. Therefore, the Aadhaar has been made compulsory for availing the Government welfare schemes.

Conclusion

The Aadhaar Act was launched with the purpose to give identity and empowerment to the marginalized section of the society. It provides a unique identification number to the citizens of India. The Aadhaar number is unique and therefore, it can’t be duplicated. The unique identification ensures that the benefits and subsidies of the Government are availed by the section of society for which it is meant. Aadhaar can prevent unfair practices and leakage of thousands of crores of money. Many privacy rights questions were also raised in the case. The question of dignity of citizens, informational self-determination and consent formed the basis for the privacy rights claims.

The right to Privacy formed an important part of the case. A five-judge bench of the Hon’ble Supreme Court on 26th September 2018, delivered a judgment in favor of respondents. The validity of Aadhaar was upheld by the Court after striking down various clauses and Sections of the Act which were contrary to the Constitution and violated the rights of the citizens. Justice A K Sikri who wrote the majority of the judges declared the Aadhaar Act to be valid after striking down Section 33(2) and Section 57 of the Act. Various questions were raised by the petitioners on issues like the Right to Privacy of the citizens and the possibility of state surveillance as well as the possibility of breach of information which was collected by the Government for Aadhaar cards of the citizens. The questions of the petitioners have mitigated the claim of UIDAI that their system is one of the best in the world and secured enough to keep the information of the citizens safe. The Court held the Aadhaar Act to be Constitutionally valid as the Act was under reasonable restrictions of the Constitution.

The majority of the honorable Bench also stated that the right of choice of the citizens to avail the Aadhaar card will not be protected by upholding the Aadhaar Act. The citizens will not be left with a choice as Aadhaar will be mandatory for availing the subsidies and benefits of the Government and if a citizen is excluded from availing the subsidies and benefits of the Government due to lack of Aadhaar or authentication problem it can result in the violation of the dignity of the citizen. The Bench also said that linking of Aadhaar to PAN card is not important as there isn’t any constitutional rationale behind it. Upholding of Aadhaar can possibly result in the violation of the Right to Privacy even after striking down Section 33(2) and Section 57 of the Act. In order to protect the Right to Privacy of the citizens the Court clearly ruled out the possibility for private entities to use the authentication mechanism or for asking Aadhaar details by the citizens. The step taken by the Court was to protect the Right to Privacy of the citizens and it clearly showed that the Right to Privacy is indeed a Fundamental Right.

References 

https://www.lawyerservices.in/

https://uidai.gov.in/images/targeted_delivery_of_financial_and_other_subsidies_benefits_and_services_13072016.pdf

http://lawtimesjournal.in/justice-k-s-puttaswamy-retd-vs-union-of-india/

Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skill.

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:

https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA

Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content.

The post Justice K.S. Puttaswamy (Retd.) and Anr. Vs. Union of India, Writ Petition (Civil) No. 494 Of 2012 appeared first on iPleaders.

Justice K.S. Puttaswamy (Retd.) and Anr. Vs. Union of India, Writ Petition (Civil) No. 494 Of 2012 published first on https://namechangers.tumblr.com/

[str9led]

Qatar Airways 'A World Like Never Before' VFX Breakdown from MPC on Vimeo.

Director Ben Scott

Production Company RSA

Producer Alex Heathcote

DOP John Mathieson

Creative Agency 180 KingsdayBV

Agency Producer James Southward

Creative Director John Messum

Creative Toon Leysen

Post Production MPC

VFX Producer Thomas Cole

Line Producer Abhinav Sharda

Colourist George K

2D Supervisor Dan Lorenzini

3D Supervisor Greg McKneally

VFX Breakdown edited in-house by Zoe Izzard

VFX Team Adam Crocker, Andrew Roberts, Edward Taylor, Andrius Jurkevicius, Chris Welsby, Neil Miller, Adam Leary, Morten Krebs, Lino Khay, Charles Downman, Eleonora D onofrio, Flavia Minnone, Marcel Ruegenberg, Graeme Turnbull, Martino Madeddu, Thomas Carrick, Alessandro Granella, Maximilian Mallmann, Andy Steele,

Bangalore Yashvardhan Jain, Koustav Bhowmik, Mohammed Asif K, Sandeep Krishnamurthy, Shreyas Joshi, Sourodeep Dey, Vignesh S, Vinutha AR, Chankya Chander, Gijo Abraham George, Stevenson G,, Vipin Tripathi, Joyett Fernandes, Radhakrishna Rethinasamy, Shanmugavel, Craig Savio Padua, Anirudh Kurve, Nithin T K, Sathya Narayanan, Shaik Abdul Rahim, Shridhar Bhat, Shristi Sanyal, Srikanth S, Tejashwini N, Suhas Bhat, Vishal Darkunde, Divya Vijay, Harshitha V V, Jyoti Prakash Panda, Abdul Labeeb, Ajeet Pratap Singh, Anupam Kumar, Arulanandhan, Bhushnam M, Jay Joshi, Jose J, Kajal Pandya, Kiran Veeraswarapu, Maneesh Kumar, Sameen Sharma, Sathish C, Yasasvini.V, Vamsi Krishna Reddy, Joslin Job Mathew, Muthu Vishnu, S Ravisankar, Suvojit Ghosh, Jacob Fradkin, Ankan Sanyal

Editor Will Judge

[reportingfromthefield]

Qatar Airways 'A World Like Never Before' VFX Breakdown from MPC on Vimeo.

Director Ben Scott

Production Company RSA

Producer Alex Heathcote

DOP John Mathieson

Creative Agency 180 KingsdayBV

Agency Producer James Southward

Creative Director John Messum

Creative Toon Leysen

Post Production MPC

VFX Producer Thomas Cole

Line Producer Abhinav Sharda

Colourist George K

2D Supervisor Dan Lorenzini

3D Supervisor Greg McKneally

VFX Breakdown edited in-house by Zoe Izzard

VFX Team Adam Crocker, Andrew Roberts, Edward Taylor, Andrius Jurkevicius, Chris Welsby, Neil Miller, Adam Leary, Morten Krebs, Lino Khay, Charles Downman, Eleonora D onofrio, Flavia Minnone, Marcel Ruegenberg, Graeme Turnbull, Martino Madeddu, Thomas Carrick, Alessandro Granella, Maximilian Mallmann, Andy Steele,

Bangalore Yashvardhan Jain, Koustav Bhowmik, Mohammed Asif K, Sandeep Krishnamurthy, Shreyas Joshi, Sourodeep Dey, Vignesh S, Vinutha AR, Chankya Chander, Gijo Abraham George, Stevenson G,, Vipin Tripathi, Joyett Fernandes, Radhakrishna Rethinasamy, Shanmugavel, Craig Savio Padua, Anirudh Kurve, Nithin T K, Sathya Narayanan, Shaik Abdul Rahim, Shridhar Bhat, Shristi Sanyal, Srikanth S, Tejashwini N, Suhas Bhat, Vishal Darkunde, Divya Vijay, Harshitha V V, Jyoti Prakash Panda, Abdul Labeeb, Ajeet Pratap Singh, Anupam Kumar, Arulanandhan, Bhushnam M, Jay Joshi, Jose J, Kajal Pandya, Kiran Veeraswarapu, Maneesh Kumar, Sameen Sharma, Sathish C, Yasasvini.V, Vamsi Krishna Reddy, Joslin Job Mathew, Muthu Vishnu, S Ravisankar, Suvojit Ghosh, Jacob Fradkin, Ankan Sanyal

Editor Will Judge

[thepeterssite]

Jamuna By Babu Bogati

Jamuna is a new Nepali romantic pop song by Babu Bogati from his album “Result”. This song is released for the purpose of entertainment the viewers and listeners. Jamuna is directed by Alok Nembang. This romantic music video was edited by Shristi Gahatraj and the cinematography was done by Shiva Ram Shrestha.

The music video shows the romance conversation between girls and boys in this song. The boys are trying to impress the girls with their act and conversation. This music video is full package of entertainment. The vocal for this song is given by one of the talented and famous singer, actor, composer and writer Mr. Babu Bogati. He has appeared in numerous music videos and movies. Jamuna is romantic pop song where Babu Bogati and his friends flirts in romantic way to the girls whose name were Jamuna. The audio is handled by the Music.com . When you once listen this song, I am sure you will keep tuning it.

The music video is released officially online by sapklax via Youtube. Hope that you will enjoy this romantic song Jamuna.

Here is the lyrics for the song Jamuna:

Jamuna…… Jamuna….. Pallama gharki saili maili Hami dajuvai lae jamuna Oe hoe jamuna jamuna jamuna Sallama mile vagai lanchhau Tmi didilae jamuna Oe hoe jamuna jamuna jamuna

Gaele khane varuki ta Vaisile khanchha ra jamuna Oe hoe jamuna jamuna jamuna Hasi ma deuna boli ma deuna Tmro k janchha ra jamuna Oe hoe jamuna jamuna jamuna

Lasama lasa masala pisnu Dohori vaye po jamuna Oe hoe jamuna jamuna jamuna Ekori maya mai kati launu Dohori vaye po jamun a Oe hoe jamuna jamuna jamuna Ghuruma ghuru parewa ghureo Hasa pothi ghurena Oe hoe jamuna jamuna jamuna Sabailae ureo purba ko saeta Hamilae jurena jamuna Oe hoe jamuna jamuna jamuna

Katera khane supare jyanalae Fodera khanchhau ki jamun a Oe hoe jamuna jamuna jamuna Nalaunu maya laesakepaxi Chhodera janchhau ki jamun a Oe hoe jamuna jamuna jamuna Ek pate makkai due pate vayo Kuto jyanle godera jamuna Oe hoe jamuna jamuna jamuna Nalaunu maya laesakepachhi Jadainau ho chhodera jamuna Oe hoe jamuna jamuna jamuna

The post Jamuna By Babu Bogati appeared first on etcNepal.com.

[theobsoletepoet]

Har subah mai uthta hu Yeh ek aas leke Ki sayad aaj mai phirse Apne ghar ko ujadte naa dekhu Sayad aaj mai raat ko phir se Beghar naa sou Mai toh bas ek janwar hu, Ek panchi hu, ek keeda hu Jiske jeevan ka insaan ko koi mol nahi hai Isi liye toh khabar ki surkhiyo pe Insaan ke marne ki ginti dikhayi jaati hai Aur hum bejubaan toh lawaaris hi maare jaate hai Aakhir kyu insaan ko yeh lagta hai Ki mera ghar ujaad ke Woh apna ghar basa sakta hai? Aakhir kyu? Aakhir kyu insaan ko yeh lagta hai Ki shristi se bhi sresth hai woh? Aakhir kyu? Kya usse itna nahi pata Ki shristi apne prakop se Uska naam-o-nishaan iss dharti se Mita sakne ki taaqat rakhti hai Kya usse itna nahi pata Ki woh apne hi Gunahon ke bojh tale Ek din mitti bann jaayega Aur mere hi pairon tale Aane k baad Sayad usse kamzor hone ka Ehsaas hoga . . - The Obsolete Poet //Aakhir kyu?// . . "I don't question Our existence I just question Our modern needs" . . #writography #writer #obsolescence #ObsoleteDiaries #obsolete #poetry #writingcommunity #writersofinstagram #wordporn #writing #instapoet #igpoets #instagramwriters #poetrygram #poet #poetrycommunity #poetsofig #PoetsOfInstagram #poem #poetryinmotion #drunkpoetssociety #poetryisnotdead #spilledink #creativewriting #words #art #quotes #quote #words_pleasure #PearlJam (at Mad House)

#spilledink #obsoletediaries #writersofinstagram #poetsofig #writer #poem #writingcommunity #poetry #writography #igpoets #creativewriting #poetrygram #words_pleasure #words #poetsofinstagram #poet #instagramwriters #art #writing #instapoet #pearljam #quote #wordporn #obsolete #poetryinmotion #poetrycommunity #quotes #drunkpoetssociety #poetryisnotdead #obsolescence

[sisaki1]

Sisaki - Fly me to the moon | Frank Sinatra cover |  My home cover of Frank Sinatra's fly me to the moon  hope ya'll like it <3 Go to my Youtube to listen full --- #newmusic #music #entertainment #like #art #love #sisaki #sisakimusic #shristiK #flymetothemoon #jazz #franksinatra #nepalese #musician #nepalipop #worldmusic #nepal

#music #sisaki #nepal #shristi #shristi k #new music #frank sinatra #sisakimusic #entertainment #like #art #love #nepali music #fly me to the moon #jazz #nepali #world music

[loyallogic]

Cheating: a criminal offence under the Indian Penal Code

This article is written by Shristi Suman, a second-year student of Symbiosis Law School, Hyderabad. In this article, the scope, ingredients, and different aspects related to the offence of cheating under IPC have been discussed.

Introduction 

Cheating is considered as a criminal offence under the Indian Penal Code. It is done in order to gain profit or an advantage from another person by using some deceitful means. The person who deceives another knows for the fact that it would place the other person in an unfair situation. Cheating as an offence can be made punishable under Section 420 of the IPC.

Scope of Section 415

Cheating is defined under Section 415 of the Indian Penal Code as whoever fraudulently or dishonestly deceives a person in order to induce that person to deliver a property to any person or to consent to retain any property. If a person intentionally induces a person to do or omit to do any act which he would not have done if he was not deceived to do so and the act has caused harm to that person in body, mind, reputation or property, then the person who fraudulently, dishonestly or intentionally induced the other person is said to cheat. Any dishonest concealment of facts which can deceive a person to do an act which he would not have done otherwise is also cheating within the meaning of this section.

Essential Ingredients of Cheating

The Section requires:

deception of any person.

fraudulently or dishonestly inducing that person to deliver any property to any person or to consent that any person shall retain any property; or

intentionally inducing a person to do or omit to do anything which he would not do or omit if he were not so deceived, and the act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property.

Important Ingredients of Deception and Inducement

Deception 

One of the important ingredients which constitute the offence of cheating is deception. Deception can be done to induce the other person to either deliver or retain the property or to commit an act or omission. Deceiving means to make a person believe what is false to be true or to make a person disbelieve what is true to be false by using words or by conduct.

In the case of K R Kumaran vs State of Kerala, a person who was admitted in the hospital was checked by the doctor and the doctor knew that the person was in a condition that he won’t be able to survive. The doctor conspired with other accused to issue a life insurance policy for the person was going to die and in order to do so, he certified to be fit and healthy. This was done by accused in order to get the amount from the insurance company after the patient dies. The court held the accused liable for the offence of cheating and deceiving the insurance company in order to earn benefits. The accused was held guilty of cheating under IPC.

Wilful Representation and Cheating 

In deception, a fraudulent representation or willful misrepresentation of a fact is made directly or indirectly with an intent to commit the offence of cheating. In order to prove the offence, it is not only important to prove that a false representation was made by the accused but also that the accused had the knowledge that the representation was false and wilfully made it in order to deceive the prosecutor. If the accused knowingly makes a representation which is false then the accused can be held liable for the offence of cheating under IPC.

Cheating and Misappropriation

Cheating and misappropriation are closely related. In cheating, the act of misrepresentation starts from the beginning of the act, whereas, in case of misappropriation it is not important that the offence of cheating will start from the beginning. The accused may obtain a property in good faith and then further misappropriate it in order to sell it for an advantage. It may be done against the will or without the consent of the owner. 

It is seen that misappropriation is generally done by a person who is a relative, friend or a known person. The offence of misappropriation is defined under Section 403 of the IPC. It deals only with immovable properties and not with body, mind, reputation, or immovable property.

Deception and Cheating in Connection with False Promise of Marriage

In the case of Deception and cheating with a false promise of marriage, there can be no action for a breach of a promise under IPC unless there is a contract made by parties to marry each other. There are no specific requirements regarding the formation of the contract. It need not necessarily be in writing and there isn’t a particular set of words which needs to be used for the contract of marriage. A promise by one person to marry another will not be a binding promise unless and until that other person also reciprocates and promises to marry the first person. Mutual promises to marry between two parties may be implied from the conduct of the parties. A declaration of intention to marry another person made to a third person will not constitute a proper promise and an offer to marry unless his proposal is communicated to that person whom he intends to marry. It is not necessary that the mutual promises between the parties to be concurrent, it should be made within a reasonable time after the offer is made by a party to another. An action for breach of promise to marry may be taken under deception and cheating.

Inducement

When one person uses deceitful practices to convince the other person to agree on anything which is harmful to that person, it is known as Inducement. It generally occurs when two parties enter into a contract and a party uses fraudulent inducement to gain advantage on the other party. The fraudulent inducement can be done when a person persuades another by giving false information about a thing to be beneficial for that person but in reality, it is not. Fraudulent inducement differs from fraud as inducement needs a person to convince the other person for the object which he wants to achieve and the latter needs the person to commit a deceitful conduct by himself for the object which he wants to achieve.

Effect of Absence of Dishonest Inducement

The offence of cheating does not necessarily need the person who is being deceived is induced to do any act which could cause harm to him. In case there is an absence of dishonest inducement, it is enough to constitute the offence of cheating that the person deceived is induced to an act which is likely to cause harm to him.

Critical Aspects Relating to the Offence of Cheating

Dishonest Intention Should be Present at the Time of Making the Promise

Deception and dishonest intention are important elements to constitute the offence of cheating under IPC. The presence of dishonest intention is important to hold a person guilty of the offence. The fact that dishonest intention was present at the time of making the promise is to be proved in order to hold the accused guilty for the offence of cheating. Dishonest intention at the time of making the promise cannot be inferred by subsequent non-fulfilment of promise.

Absence of Intention to Honour the Promise at the Time of False Representation

The offence of cheating has an element of fraudulent or dishonest intention from the very beginning. When a party makes a false representation to another party in order to gain some profit, the intention to honour the promise at the time of false representation is presumed to be absent. 

Dishonesty is Causing Either Wrongful Gain or Wrongful Loss

Acting dishonestly is defined under Section 24 of IPC as doing an act or omitting to do any act which causes a wrongful gain to one person or a wrongful loss of a property to a particular person. The act done in order to gain a property wrongfully or cause a loss to another person wrongfully is said to be done dishonestly.

False Pretence to be Inferred From Circumstances

False statements and representations made with fraudulent intent in order to gain a profit by cheating are known as a false pretence. It is not necessary that every pretence will be a false one, it has to be inferred from the circumstances. For instance, a person may have induced the credit or delivery of property but still, it might not be sufficient as it can be a false pretence and the credit or delivery would not have been given or delivered. A false pretence can be used where the party wants to come in a contract with the other party. There should be an intention to cheat, deceive or commit fraud on the part of a person. Intention to commit cheating plays an important part. False pretence must be inferred from the circumstances of the case.

Mens Rea as Essential Ingredients of the Offence of Cheating

Mens rea refers to the mental state or intention of a person in committing a crime. It is a mental state of the accused which is taken into consideration while deciding the liability for a crime. Mens rea has to be proved as it an essential ingredient for the offence of cheating. It has to be proved that the accused deliberately committed the offence of cheating with a prearranged plan. If mens rea for the offence is proved then the accused can be held liable for the offence of cheating under IPC.

On the Issue of Damages Caused or Likely to be Caused

             Click Above

Damage to Body, Mind, Reputation or Property Caused or Likely to be Caused

Cheating is done by a person to another by making him believe something to be true which actually is not. Cheating affects a person’s body, reputation or property of which the person may be in possession or ownership of. Cheating can be done by a person who is in a fiduciary relationship, it affects the mind of the person who has been cheated. Cheating can be done by a person by misrepresenting the facts or by using false evidence in order to deceive the other party. The person who is deceived believes the representations made by the party deceiving to be true and then it further miserably affects the person both mentally and physically. Cheating can result in stress, tension, and affect a person’s mental health miserably. It can even result in trust issues and make it difficult for the person who has been cheated on to trust another person again. After being cheated on a person can experience low self-esteem and loss in monetary form by loss of the property.

When no Damage Caused to Complainant

In case when no damages are caused to the complainant by the act of cheating, still the accused according to Section 420 of the IPC will be liable for the offence of cheating as it does create an apprehension in the mind of an individual when he is cheated on by a person. The intention and objective of the person cheating are also taken into consideration and if it is found that the accused had a malafide intention to cheat on the person then the accused will be held guilty for the offence of cheating under Section 420 of the IPC. 

The intention of the accused is important and has to be taken into consideration while deciding the guilt of the accused. Generally, the complaint is filed under Section 420 of IPC when a person suffers from a defect in the services or product which is consumed by him from the cheater, or in case the individual is charged with more price than the MRP for a product or a service, or when a person suffers from losses and damages from unfair trade practices etc. but in case if the person cheated on does not suffer from a monetary loss or damage, the accused can still be held liable for cheating under Section 420 of the IPC.

When no Benefit Accrued to Accused but Loss to Complainant 

Since cheating is both a civil as well as criminal wrong and if there is no benefit enjoyed by the other party and loss have been inferred to the party who is been cheated, then, in that case, the complainant company can sue the accused for cheating.

In the case of Sebastian vs R. Jawaharaj, it was held that the accused was liable for cheating and forgery under section 420 and 465 of IPC respectively as he cheated on the complainant by providing faulty services to him but still no benefit was enjoyed by the accused after providing faulty services but because of it the complainant suffered from losses.

Even if the accused does not earn a profit or enjoys a benefit but the complainant suffers a loss then the complainant can bring an action for cheating under IPC.

Sustaining Loss, not a Criterion for Establishing the Offence of Cheating

Under sec 420 of IPC, only a person who is not a consumer of the said cheated goods or did not purchase the services or goods for commercial and selling purpose or is not entitled to enjoy the benefits from the goods or services is not entitled to sue the accused for cheating under IPC. A consumer or a person entitled to benefit from the goods or services can sue the accused for the offence of cheating irrelative of the fact whether any loss was suffered by him or not. Even if the complainant does not sustain a loss, he can still bring a lawsuit under IPC for cheating.

Civil Liability versus Criminal Liability

The intention of the accused is an important aspect to constitute the offence of cheating. It is often seen that in issues relating to commercial transactions, it becomes difficult to separate the offence in terms of civil and criminal liability. The main difference between a criminal cause of action and a civil one is that of intention. If the accused does an act knowingly and intentionally in order to induce the other person then the accused can be held liable for criminal liability. In case the accused does an act after the dispute arose and not pre-planned his act deliberately then he will be liable for civil liability.

In the case of Nageshwar Prasad Sinha V Narayan Singh, the respondent entered into an agreement with the accused. A part of the payment was given in exchange for the possession which was delivered to accused. The accused then failed to make the full payment for the delivery of possession as it was agreed upon by him. The respondent also didn’t complete the legal formalities in relation to the delivery of possession as he did not receive full payment for it. The accused filed a civil suit for specific performance against the respondent. The respondent filed a criminal complaint against accused under Section 420 of the IPC. The court held that the liability of the accused was of civil nature and not a criminal one as the accused made a part of the payment for delivery of possession and it cannot be proved that his intention was to cheat from the very beginning.

The difference between civil and criminal liability can be ascertained by the intention of the accused. The intention of the accused at the time of inducement should be taken into consideration to decide whether the liability of the accused will a civil or criminal liability. Mere breach of contract cannot be considered to be cheating under Section 420 of IPC unless it is proved that dishonest intention was present from the very beginning of the transaction.

Vexatious Criminal Proceeding in Civil Dispute: Imposition of Costs

Vexatious litigation is an action which is brought by a party to harass another party. It is a lawsuit which is solely brought to harass or burden the other party by filing a meritless suit. Vexatious proceedings are considered as an abuse of judicial procedures. The accused is charged with costs in order to compensate the other party for the harassment which was caused by vexatious proceedings.

The provision for imposition of costs on the accused on the vexatious criminal proceeding in a civil dispute is included under Section 35A of the Civil Procedure Code. If the court is satisfied that the criminal proceeding is brought by the accused by a vexatious motive then the court can impose compensatory costs under this section on the accused for the harassment which the respondent suffered because of the proceeding. 

This section applies to suits which are brought with the vexatious motive and to the appeals or revisions. The maximum cost which can be imposed by the court under this Section is Rs 3000 and no appeal lies against an order by the court for compensatory costs.

Punishment for Cheating 

Cheating and Dishonestly Inducing Delivery of Property 

According Sec 420 of IPC when a person cheats and thereby dishonestly induces the other person who is deceived to deliver any property to any other person or makes, alters or destroys the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Sec 420 of IPC is an aggravated form of cheating.

Simple cheating is punishable under Section 417 of IPC. Section 417 of IPC states that whoever is held liable for the offence of cheating shall be punished with imprisonment for a term which may extend to one year or with fine, or with both fine and imprisonment.

In case where there is delivery or destruction of any property or alteration or destruction of any valuable security from the act of the person who is deceiving, the offence is punishable under Section 420 of the IPC.

Under Section 420 of IPC, it is necessary to prove that the complainant was acting on a representation which was a false representation and the accused had a dishonest intention for it.

In the case of Ishwarlal Girdharilal vs the State of Maharashtra, it was observed by the Court that the word ‘property’ mentioned under Section 420 of IPC does not necessarily include only those properties which have money or market value. It also includes those properties which do not have a monetary value. In case a property does not have a monetary value for the person who is in possession of it but after being cheated by another person it becomes a property of some monetary value for the person who gets possession of it by cheating then it can be considered as an offence of cheating under Section 420 of the IPC and the property will be considered as a property under Section 420 of the IPC. 

In the case of Abhayanand Mishra v. State of Bihar, the appellant was a candidate who applied for M.A. examination to Patna University for permission to appear in the M.A. examination in English as a private candidate. He represented himself to be a graduate who has already obtained his B.A. degree and wants to pursue his M.A. degree from the University. Later, just before the commencement of his entrance examination, it was discovered that the certificates presented by the candidate for his M.A. entrance was forged and he did not actually obtain his B.A. degree. The court held the candidate guilty of making a false statement about him being a graduate as he did not obtain his B.A degree. He made an application and deceived the University and hence, was guilty of attempting to cheat under Section 420 of IPC as read with Section 511 of the IPC.

Cheating by Personation

Under Section 416 of IPC, cheating by personation is explained as if a person cheats on someone by pretending to be a particular person, or if a person knowingly substitutes a particular person for another, or represents a person to be some other person then he is said to cheat by personation. The person substituting a person for another should have knowledge that such other person is a different person from the person he is representing. The offence of cheating by personation is committed when the person who is personated is a real person and not an imaginary person.

In the case of Sushil Kumar Datta vs State, the accused personated himself as a scheduled caste candidate and appeared for the examination of Indian Administrative Service. He was appointed in that cadre because of his false representation of being a scheduled caste. It was held by the court that he was guilty of the offence of cheating by personation under Section 416 of IPC as he did not belong to scheduled caste and falsely represented himself as scheduled caste and hence, his conviction for cheating was held to be justified under the said section. 

Cheating Out of Fiduciary Relation

A fiduciary relationship is any relationship which exists between two parties where they share utmost good faith and confidence for a transaction. Section 418 of IPC applies to the cases of cheating wherein there was a fiduciary relationship between the parties. Cheating out of the fiduciary relationship can be done by guardians, trustees, agents, solicitors, manager of a Hindu Family, managers or directors of a company or a bank in fraud to the shareholders etc. Section 418 of IPC deals with the cases in which trust exists between the parties and there is an abuse of the trust by cheating. Section 418 punishes those parties in the case of cheating who owed a special responsibility towards the other party. The parties are punished for misusing and breaching the trust which existed between them.

It is the liability of parties who are in a fiduciary relationship to protect the interest of the parties and not to misuse the trust which exists between them. It is the responsibility of the party to protect the interest of the other party and if he fails to protect it and breaches the trust by cheating, he can be held liable for the offence of cheating under Section 418 of the IPC. The person who makes a statement in a fiduciary relationship knowing that it is a false statement with dishonest intention then the person will be liable for the offence of cheating.

Intention plays an important part in the offence if there isn’t an intention to cheat then it cannot be established as an offence under cheating. The offence is a non-cognizable offence and is bailable and triable by a Magistrate.

In the case of S. Shankarmani v. Nibar Ranjan Parida, a lawsuit was filed for cheating by a landlord against the bank. The bank wanted to take the landlord’s house on hire and for that, the landlord furnished his house. He incurred a huge expense in furnishing the house but the bank because of some reasons which were under its control could not take the house on rent. The bank did not intend to cheat or deceive the landlord. It was held by the court that the bank was not liable for cheating under Section 418 as the intention which plays an important part in the offence was not present.

Conclusion

Cheating is an offence under IPC in which a person induces the other by deceiving the person to do any act or to omit to do an act. The intention of the accused plays an important part and is taken into consideration while deciding his liability. The two main elements that have to be considered in order to constitute the offence is deception and inducement. The intention to cheat on part of the accused at the time of making a false representation is needed to be proved. It must be shown that a promise was made by the accused and he failed to keep the promise and further, no effort was put in by him in order to keep the promise.

Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skill.

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:

https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA

Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content.

The post Cheating: a criminal offence under the Indian Penal Code appeared first on iPleaders.

Cheating: a criminal offence under the Indian Penal Code published first on https://namechangers.tumblr.com/

[sisaki1]

O Mero Priyatam - Sukmit Gurung ( Cover by Shristi K. ) Acoustic Lock down cover

My cover of Sukmit Gurung's legendary song - O mero priyatam in acoustic  RnB version

#OMeroPriyatam #ShristiK. #Cover #Acoustic #shristi #shristimusic #newpopsongs #newsongs #covers #newcoversongs #musician #nepali #nepalisongs #newmusic  #nepalibands #nepalisingers

Do Like, Share & Subscribe for more videos!

Fb: https://www.facebook.com/Shristimusic/

Soundcloud: https://soundcloud.com/user-733120744

Insta: https://www.instagram.com/shristi.music

Twitter: https://twitter.com/shristi_music

Subscribe to Shristi's channel: https://www.youtube.com/channel/UC1nx...

All rights reserved. No part of this video may be reproduced, distributed, or transmitted in any form or by any means.

#new #newsongs #singers #nepal #nepali #music #new music #musicians #shristi #shristi K. #shristi music #world music #pop #popular #trending #trend #new songs #new song #new pop music #new pop #rnbartist #acoustic #acoustic song #gitar #piano

[sisaki1]

https://www.youtube.com/watch?v=tNzHrwyDLZQ Love song on this lockdown—(Shristi K. - Mutu ma timro prem )❤️ Share n subscribe on youtube 💕Mutu ma Timro prem  - Shristi K. |  Love song 2020  | Official Music Video  Love song on this lockdown—❤️ Share n subscribe on youtube 💕 

#shristi #ShristiK #nepali musicians #nepal #nepali music #pop music #new pop music #new #new pop song #newsongs #shristi karki #new songs #world music #new music nepali #pop #new rock song #rock song #music #musician #musicians

[thepeterssite]

Khayeko Kasam by Melina Rai

Khayeko Kasam is a new aadhunik Nepali song by Melina Rai. The music video features Shristi, Kishor and Ram Hari Adhikari. Khayeko Kasam is a Nepali song which is directed by B. Pandey. The music video was edited by Suresh Raut and cinematographed by Arjun Tiwari and Team.

The lyrics and music for this song was composed by B. pandey. The music video features versatile model Shristi. She has act as a lead role in this music video. In this music video, the hot model Shristi has given her outstanding performance with other two handsome model Kishor and Ram Hari Adhikari. Melina Rai has added her sweet voice to make this song more melodious. From this song Melina want to deliver the message about importance of someone in our life and has successfully explain actual meaning of love. When you once listen this song, I am sure your will listen again and again.

The music video is released officially online by Music Nepal via Youtube. Hope that you will enjoy this melodious song Khayeko Kasam.

Here is the lyrics for Khayeko Kasam:

Khayeko Kasam firta Dina milcha ra Diyeko bachan firta Lina milcha ra

Khayeko Kasam firta Dina milcha ra Diyeko bachan firta Lina milcha ra Timi sangai jiuchu marchu Timilai maya garchu Timi sangai jiuchu marchu Timilai maya garchu Bhanne manche lai Jani jani dhoka pani Dina milcha ra Diyeko bachan firta Lina milcha ra………

Bhanne haru le j sukai bhanun Bhanai na hunu k ani chara

Sunna haru le j sukai Sunun Sunnai na hunu k nai chara Sunnai na hunu k nai chara Mann bhanda dhana thulo Bhanna milchara Phul jasto manche Khada banna milchara Timi sangai jiuchu marchu Timilai maya garchu Timi sangai jiuchu marchu Timilai maya garchu Bhanne manche lai Jani jani dhoka pani Dina milcha ra Diyeko bachan firta Lina milcha ra………

Bhagya sabai ko sajha hudaina Khusi sabai lai Sadai hudaina

Dhukha na chinne manche hudaina Manche na chinne deuta hudaina Manche na chinne deuta hudaina Bish pani amrit thani Piuna milcha ra Parae lai afno thani Jiuna milcha ra Timi sangai jiuchu marchu Timilai maya garchu Timi sangai jiuchu marchu Timilai maya garchu Bhanne manche lai Jani jani dhoka pani Dina milcha ra Diyeko bachan firta Lina milcha ra…………….

The post Khayeko Kasam by Melina Rai appeared first on etcNepal.com.