H&A Advocates and Solicitors

19/02/2022

04/11/2021

Wishing you all a very happy and prosperous DIWALI.❤️🪔

30/08/2021

Wishing you all a very Happy Janmashtami.❤️

16/08/2021

THE BEST TIME TO PLANT A TREE WAS 20 YEARS AGO. THE SECOND BEST TIME IS NOW. 🌳🇮🇳

15/08/2021

Wishing you all a very Happy Independence day! 🇮🇳❤️

06/08/2021

Wishing everyone a very happy and prosperous Shivratri.

20/07/2021

Eid Mubarak. 🌙

20/07/2021

RAJ KUNDRA, SHILPA SHETTY'S HUSBAND, HAS BEEN ARRESTED AS AN ALLEGED "KEY CONSPIRATOR" IN A PORNOGRAPHIC CASE

In a major step, Raj Kundra, the husband of businesswoman and actress Shilpa Shetty, was called by the Mumbai crime department on Monday evening and arrested. Raj Kundra 'appears to be the primary conspirator' in a case involving the production and distribution of pornographic videos through apps, according to a statement from the Mumbai Police Crime Branch.
The Mumbai Police Department has issued a statement about Raj Kundra's arrest.
"He is being questioned on a case filed in February 2021, which pertains to the making of pornographic videos and their publication via certain Apps," Mumbai Police Commissioner Hemant Nagrale said in a statement. On 19/7/21, we apprehended Mr. Raj Kundra in this case, since he seems to be the main conspirator. This is supported by adequate evidence. Please be patient as the inquiry is ongoing,” the message added.
The following are the specifics of the case: On February 4, 2021, Malwani police station registered Cr No 103/2021, u/s 292, 293, 420, 34 Indian Penal Code, u/s 67, 67A Information Technology Act, u/s 2(g), 3, 4, 6, 7 Indecent Representation of Women (Prohibition) Act, u/s 2(g), 3, 4, 6, 7 Indecent Representation of Women (Prohibition) Act.
Kundra had applied for anticipatory bail in an obscenity case that was being investigated by the cybercrime unit in June of this year. In November 2020, a FIR was filed against 14 OTT platforms and online sites for distributing obscene material. A retired customs officer submitted the complaint, which led to the filing of a FIR and the issuance of summonses to the leaders of these sites.
Controversial Raj Kundra has been in prison for two years.

Raj Kundra's arrest came after a two-year period in which he was embroiled in a slew of scandals. Actress Poonam Pandey filed a criminal complaint against Raj Kundra in February 2020, alleging that he leaked her phone number on an app that she had entrusted to Kundra's firm. Despite the fact that she had canceled the contract, the app continued to be used, reportedly leading to her receiving calls at strange hours 'asking her to strip.'
In 2020, a cheating case was filed against Kundra and Shilpa Shetty with the Khar Police, alleging that they had defrauded an NRI businessman via a gold trading firm that they had previously operated. Kundra had previously been summoned by the ED in late 2019 for business dealings with D-company member Iqbal Mirchi.

09/07/2021

JUDGMENT OF DELHI HIGH COURT ON A PLEA OF A CANDIDATE FOUND MEDICALLY UNFIT BY 2 KGs

OBSERVATION
The Delhi High Court has rejected the plea of a candidate who changed into located medically not worthy for being obese through 2 KGs as in step with the clinical health stand of the Indian Air Force. The Court determined that his recruitment might be 'burdening the Indian Air Force with an obese Airman' who might be not worthy of acting the obligations.
A department bench comprising of Justice Rajiv Sahai Endlaw and Justice Amit Bansal determined, "To direct such someone to be recruited, might quantity to burdening the respondents Indian Air Force with an obese Airman who might be not worthy to do the obligations required from him and might turn out to be being a legal responsibility for the respondents Indian Air Force as opposed to being of any assist withinside the protection of the country." The petitioner changed into located medically not worthy withinside the clinical exam carried out as a part of the recruitment manner. The petition changed into consequently filed, in search of guidelines at the IAF to behavior a re-exam of his clinical health.

BACKGROUND
Alternatively, the petitioner sought his appointment as an airman on the premise of a clinical health certificate issued through a personal sanatorium that had declared him to be fifty-nine KGs on May 5. The petitioner weighed 64.7 KGs on March 8. "The aforesaid records imply that it took the petitioner months to carry his weight down from 64.7 Kgs to fifty-nine Kgs. The identical nullifies the argument of the recommendations for the petitioner, of the extra weight of two Kgs handiest being without difficulty manageable," the Court stated.
It added, "the petitioner, properly earlier than taking part withinside the recruitment manner should have acknowledged the burden requirement and if changed into not able to carry his weight right all the way down to the specified limits, it stands proved that the petitioner has weight advantage issues and isn't healthy to be an airman." On the submission made through the petitioner that being obese through 2 KGs is handiest a minor matter, the Court changed into of the view that when there may be a Rule specifying the burden for the precise top and in*******se and the stated Rule additionally gives the most variant accepted therein, the stated Rule must be abided through, and a mild variant even therein cannot be tolerated.

JUDGEMENT
"The Court cannot dilute the stated Rule through allowing the violation of the Rule, withinside the call of being minuscule," the Court stated. It added, "it's miles the prerogative of the respondents Indian Air Force because the company to put down the clinical necessities for employment; it isn't for the Court to put down the requirements of clinical health for recruitment as an airman withinside the respondents Indian Air Force." Furthermore, it stated: "No mala fides or now no longer reasons were attributed to the Members of the Appeal Medical Board and it isn't the case that even as different applicants had been weighed without their garments and shoes, the petitioner changed into discriminated against; without such pleas, a presumption of factors having been executed withinside the everyday route of business must be connected to the lawsuits and findings of the Appeal Medical Board and re-exam cannot be ordered on the mere asking. "
With the aforesaid observations, the petition changed into dismissed.

06/07/2021

Drone attack in Jammu is described as "extremely serious" by the BSF chief, who also orders a ban on drones in Kathua and Rajouri.

The Kathua district government has placed a ban on flying unregistered drones in the valley, in response to the recent security lapse in Jammu and Kashmir. Prior to Kathua, officials in the border district of Rajouri banned the storage, sale, ownership, usage, and transportation of flying machines on Wednesday. After two drones detonated bombs within the IAF station in Jammu, wounding two pilots and caused damage to a building's roof, the following decision was made.
"It has been observed that the usage of tiny drone cameras has grown in the community," the Kathua district administration said. "Anti-national elements may use drones and flying things to inflict damage, harm, and danger to human lives in some areas of UT of J&K," he said, adding that "anti-national elements may use drones and flying objects to cause damage, injury, and risk to human lives in specific sections of UT of J&K."

The drone assault in Jammu is very severe and hazardous
Following a rise in drone sightings in the valley and a recent drone assault on an Indian Air Force station in Jammu, BSF head Rakesh Asthana stated that drones dumping bombs on the Indian Air Force facility in Jammu is "extremely serious and very hazardous." The BSF Chief also said that the force, which guards over 6,300 kilometers of India's land border with Pakistan in the west and Bangladesh in the east, faces four main security challenges, according to a webinar at the launch of a hackathon on finding cost-effective innovative technology solutions by startups and premier institutions for the force.
These include the discovery of subterranean tunnels along Pakistan's international border, the existence of anti-national elements' electronic equipment in border regions, the advent of drones, and problems with inadequate cell connection in rural locations. According to Asthana, these situations have a "direct effect" on the Border Security Force's (BSF) operations and border dominance efforts. "It is critical to develop anti-drone technology to combat the threat of drones being used for narco-terrorism and assaults on critical infrastructure," Rakesh Asthana stated.

"Recently, you may have seen on television, for the first time in history, drone strikes on an Indian Air Force (IAF) facility in Jammu," Rakesh Asthana said.
"The enemy nation and criminal elements have utilized drones to bring in not just guns, ammunition, and drugs, but now that they can carry payloads, they are being used to drop explosives as well, which is something extremely serious and very deadly," Asthana added. The BSF shot down a hexacopter drone carrying weapons and ammunition in Jammu in June last year, in addition to repelling many other aerial reconnaissance attempts, mostly in the Punjab and Jammu regions near the international boundary between India and Pakistan (IB).
Drones, according to the DG, represent a threat "not just on the western frontiers, but are increasingly being utilized by naxalites in left-wing extremism-affected regions." "As far as security operations are concerned, that sector also needs a lot of attention," he added, adding that anti-drone technology is a "important area" of work for the country's biggest border guarding force, which has around 2.65 lakh people.

01/07/2021

Hindu Joint Family Even If Partitioned Can Revert Back And Reunite To Continue Joint Family Status: SC

The Update:
1. Hindu Joint Family even if partitioned can revert back and reunite to continue the status of joint family, the Supreme Court observed in a judgment delivered on Wednesday. The bench comprising Justices Ashok Bhushan and R. Subhash Reddy observed that the acts of the parties may lead to the inference that parties reunited after previous partition.
Facts:
✓ In this case, a partition dated 07.11.1960 was entered between three brothers. The issue before the Apex Court in this appeal was whether a particular house property purchased in 1979, is a joint family property or not.
✓ The appellant's case was that the partition dated 07.11.1960 was entered between three brothers to save the landed property from Land Ceiling Act and there was no intention of separating each branch and bringing the change in joint family status.
✓ It was contended that there was reunion between three brothers to revert to the status of Joint Hindu Family, which is amply proved from the acts and conducts of the parties subsequent to 07.11.1960.
Cases referred:
1- The bench referred to Palani Ammal Vs. Muthuvenkatacharla Moniagar and Ors., AIR 1925 PC 49 in which it was held that if a joint Hindu family separates, the family or any members of it may agree to reunite as a joint Hindu family, but such a reuniting is for obvious reasons, which would apply in many cases under the law of the Mitakshara, of very rare occurrence, and when it happens it must be strictly proved as any other disputed fact is proved.

2- The court also noted that in Mukku Venkataramayya Vs. Mukku Tatayya and Ors., AIR 1943 Mad. 538, it was observed that, to establish reunion, it is necessary to show not only that the parties already divided, lived or traded together, but that they did so with the intention of thereby altering their status and of forming a joint estate with all its usual incidents. The court said that, in Bhagwan Dayal Vs. Reoti Devi, AIR 1962 SC 287, the Supreme Court approved this view.


3- Taking note of the facts in this case, the bench found that , in the year 1979 when residential property of Tatabad was obtained in the name of one brother, all three branches were part of the joint Hindu family and the house property purchased in the name of one member of joint Hindu family was for the benefit of all.

4- The court also observed that an individual member of joint Hindu Family can very well file his separate Returns both under the Income Tax Act as well as Wealth Tax Act and filing of such Returns was not conclusive of status of the family. Allowing the appeal, the bench held that all three branches have equal share in the Tatabad residential property.

28/06/2021

Persons With Disabilities Have Right To Reservation In Promotions : Supreme Court
The Update:
The Supreme Court on Monday held that persons with physical disabilities have right to reservation in promotions also. A 2-judge bench comprising Justices Sanjay Kishan Kaul and R Subhash Reddy held so dismissing an appeal filed by the State of Kerala against a judgment of the Kerala High Court(State of Kerala vs Leesamma Joseph). The Supreme Court said that the High Court judgment was "salutory" and did not require any interference. Full copy of the judgment is awaited.
SC Directions:
● Further, the Supreme Court directed the Kerala Government to implement reservation in promotion for disabled within 3 months.

● The bench followed a judgment delivered by a 3-judge bench in January 2020 in the case Siddaraju vs. State of Karnataka which held that the rule of no reservation in promotions as laid down in Indra Sawhney case has no application to Persons With Disability (PWD).

● In Siddaraju, a bench comprising Justices RF Nariman, V Ramasubramanian and Aniruddha Bose was considering a reference which doubted a view taken in Rajiv Kumar Gupta & Others v. Union of India & Others – (2016) 6 SCALE 417.

● The bench in Rajiv Gupta, in the context of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 had noted that there is no prohibition against reservation in promotion for Persons With Disabilities.

● The bench in Rajiv Gupta said that the principle in Indra Sawhney & Others v. Union of India & Others – (1992) Supp. 3 SCC 215 against reservation in promotions will not extend to PWDs.

Siddaraju Case:
In Siddaraju, the 3-judge bench upheld the view taken in Rajiv Gupta that persons with disability have right to promotion in reservation. In today's judgment, the Supreme Court noted that the Kerala Government has not implemented the directions in Rajiv Gupta.
Accordingly, directions were given to the state to implement the directions in all posts within 3 months. In Kerala High Court, a division bench comprising Justices K Vinod Chandran and PV Kunhikrishnan followed Siddaraja to set aside a decision of the Kerala Administrative Tribunal which had dismissed the petitioner's claim for reservation in promotion as a person with disability.