Arvind Bhati - Advocate

04/01/2021

Bar Council of India to Move SC Seeking 3-year Practice as Condition to Be Judicial Officer.

The Bar Council of India has said it will file an application before the Supreme Court seeking to make minimum 3-year practice at the bar necessary to become a judicial officer. The BCI, the country's apex lawyers' body, said judicial officers not having practical experience as advocates are mostly found to be incapable and inept in handling matters.

31/01/2020

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25 Jan 2020

The Punjab & Haryana HC on Friday banned mention of designation & profession on private as well as govt vehicles in the tricity. The police have been asked to enforce the ban within 72 hours.

With this order, the display of designation/description of office (including words like HC, army, police, journalist, doctor, etc.), unauthorised emblems on all vehicles has been prohibited. The court, however, clarified that the ban will not apply on parking stickers issued by different organisations & entities.

The order was passed justices Rajiv Sharma & Amol Rattan Singh during the resumed hearing of a public interest litigation (PIL) on the traffic-related issues of tricity. After the hearing, justice Sharma also asked his staff members to remove any such description from his official vehicle. Justice Sharma was part of a bench in Uttarakhand HC where a similar order was passed in July 2018. “All are equal on the road & should be treated so. In some cases, people even write neighbour of MLA, former MLA to overawe others. All this should stop,” the court observed.

09/09/2019

🙏🙏🙏🙏🙏

08/09/2019

26/08/2019

: SC orders release of 7 to to complete 2 stalled projects

26 Aug 2019

On Monday, the directed the release of Rs 7 crore from the Court's Bank account to National Buildings Construction Corporation (NBCC) to complete two stalled projects of embattled real estate group Amrapali in Noida & Greater Noida.

To ensure the speedy work a Bench headed by Justice Arun Mishra asked Noida & Greater Noida authorities to create a special cell for each project.
The homebuyers submitted before the Apex Court that a total of Rs 2,000 crores is required to complete the unfinished projects in both the areas.

The SC also directed that a forensic audit report be supplied to the probe agencies -- Enforcement Directorate & Delhi Police's Economic Office Wing (EoW) -- for taking appropriate action against those accused.
On July 23, the Court had directed the NBCC to complete the unfinished housing projects of Amrapali in Noida & Greater Noida area & handover these to the homebuyers as soon as possible.

RERA (provide proper protection to homebuyers) registration of Amrapali real estate has been cancelled by the Court.

19/08/2019

Lawyer files complaint against student leader for fake news against Indian Army and Govt.

19 Aug 2019

Categories : Latest News
On Monday, Supreme Court Lawyer Alakh Alok Srivastava filed a criminal complaint against student leader Shehla Rashid, seeking her arrest for allegedly spreading fake news against Indian Army and the Government.

The complainant stated that she is deliberately and intentionally spreading fake news with the intention to incite violence in Jammu & Kashmir and in other parts of the country.

It further stated that her tweets are being shared by many Twitter users on international platforms, causing irreparable injury to the reputation of India.

The complainant alleged that she has intended to excite disaffection towards the Government, which is prima facie an offence of sedition under Section 124-A of IPC.

“Rashid has further committed offences of ‘promoting enmity between the classes’ under Sections 153, 153-A, 504, 505 of IPC and Information Technology Act 2002 amongst others,” read the complaint copy.

13/08/2019

in 'Bag" Trouble: Consumer Forum issues notice for charging Rs. 5 for Paper Carry Bag
Shoppers-stop


August 13,2019:

A Delhi's resident, Sachin Malik slapped complaint against Shoppers Stop Ltd. regarding charging of carry bag.

The Complainant, who is a customer of Shoppers Stop Ltd. had objected to the practice of charging the consumers for Paper Carry Bag.

In his petition, he contended that he entered the store with a view to purchase garments only and it was the duty of the Opposite Party to provide the carry bag.

But, he was compelled to purchase a carry bag worth Rs. 5 which Consisted of Shoppers Stop logo and there advertisement.

Thus, the Opposite Party used him as an advertising agent at his cost, which amounted to unfair trade practice.

Taking Cognizance of the complaint President at District Consumer forum of Delhi summoned Shoppers Stop to appear in court.

26/07/2019

SC to decide on allowing 'Joint Parenting' rather than providing custody to one parent after Divorce.

July 20, 2019:

Can a joint parenting system be adopted in the country under which a child will be looked after by both the parents after divorce instead of giving custody to one of them?

The Supreme Court on Friday agreed to examine the issue to protect the interest of a child who has to go through mental trauma in custody battle between parents.

Although a bench comprising of Justice S A Bobde and Justice B R Gavai was initially reluctant in entertaining the PIL on joint parenting, saying that the law can be framed by Parliament and not by judiciary, it, however, finally decided to hear the case and issued notice to Centre seeking its response on the petition on framing of guidelines or amendment in law to pave the way for joint parenting.

The Court was hearing a petition filed by an NGO ‘Save Child India Foundation’ which contended that children suffer the most in a matrimonial dispute and a mechanism should be put in place on how to deal with such cases.

Referring to United Nations Convention on the Rights of the Child to which India is a signatory, the petitioner alleged that the government authorities are bound to respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis.

“Due to rise in separation and divorce rates in the changing society, children’s rights need to be secured. Due to dispute between the parents in the country, children are unable to maintain personal relations and direct contact with both parents on a regular basis.

It has been observed in various researches and by Indian courts that breakdown of marriage is not the end of being a parent, as parental responsibility still continues,” the petition said.

It said that a child is entitled to love and affection of both the father and the mother and he/she should have access to both of them for overall development.

"The child custody can very well be substituted with the word 'parenting the child life'. The same approach has been adopted in France with the substantial impact in parenting. The present laws in the country are less focused towards 'parenting the child life' but more towards the crude implementation of custody and guardianship,” the petitions said.

“There should be clear guidelines about implementation of joint and shared parenting and responsibility in order to secure children’s direct contact with both the parents even if the parents are in a dispute so that a child grows up in a friendly and family environment and their overall development could not be affected. The emotional, social and physical development of young children has a direct effect on their overall development,” the petition said.

The issue raised in the petition assumes significance as number of divorce cases is increasing.

22/07/2019

Section 138 NI Act: Complainant failed to examine wife and son in whose presence the loan was disbursed, High Court accepted the acquittal.

July 22, 2019:

Delhi High Court has refused to grant leave to appeal to a complainant who claimed that he had given loan of more than 4 lakh to the accused in the presence of wife & son.

A bench of Justice Mukta Gupta has passed the order in the case titled as KALI CHARAN GOSWAMI vs STATE on 15.05.2019.

In April 2014 the complainant gave Rs.4,75,000/- in cash as friendly loan to Respondent No.2 on the condition that he would repay the same within a period of twelve months. In November 2015 in order to discharge the liability the Respondent No.2 issued a cheque bearing no. 000013 dated 21st December 2015 for a sum of Rs. 4,75,000/- drawn on Bank of Baroda, Mandoli Branch, Nand Nagri Bus Depot, Delhi in favour of the petitioner. On presentation of the aforesaid cheque, it was dishonoured with remarks “funds insufficient” vide bank return memo dated 29th December 2015. Legal demand notice dated 11th January 2016 was sent to Respondent No.2. Despite the service of legal notice, Respondent No.2 failed to make the payment. Hence, the complaint.

After trial however, the Magistrate acquitted the accused. Complainant approached the High Court with a petition for leave to appeal.

High Court observed "Perusal of the record reveals that the petitioner was unable to provide the details of the disbursement of the loan or the date on which the cheque in question was handed over to him by Respondent No.2. The petitioner has relied upon the reply to the legal notice sent by Respondent No.2 wherein he has specifically denied the factum of him having taken any friendly loan and also specifically denied that the cheque in question was issued for discharge of any liability. Furthermore, the petitioner has also not mentioned the advancement of the abovementioned loan amount in his Income Tax Return. The petitioner further testified that the loan was disbursed in the presence of his wife and son but has failed to examine them in court".

High Court did not find any perversity in the decision of the Magistrate and therefore dimissed the petition filed by the complainant.

03/07/2019

Husband booked for Murder as Wife & Three Kids die by drowning.

A case was registered against the husband of a woman, who along with her three children, drowned in a pond in Bikaner on Saturday.

A case was registered against the husband of a woman, who along with her three children, drowned in a pond in Bikaner on Saturday. The woman’s parents have registered a case against him & police, who initially suspected it to be a case of su***de, are now investigating the husband’s involvement.

On Saturday, the bodies were retrieved by the local police from a pond in an agricultural field in Charanwala village in Bikaner district. The deceased have been identified as Murti Devi (35) & her children aged nine, six & an infant who was around 6-month-old. Apart from the husband, his mother, elder brother & sister were also named in the complaint. Prahlad Rai, SHO, Bajju police station said, “The woman’s father has registered a complaint with us claiming that the accused pushed the woman & the children into the pond killing them. Till Saturday it appeared to be a case of su***de, but the woman’s parents have alleged that her husband & in-laws killed her due to some domestic dispute. We are investigating their involvement as no su***de note was found.”

The post-mortem could not be done on Saturday since the family had not arrived to give the requisite permission. The autopsies were conducted on Sunday following which the complaint was registered. According to the officials, no arrests have been made yet in the case as they are still looking for evidence & will question the accused soon. The case has been registered under Section 302 (murder) of IPC.

24/06/2019

मोटर वीइकल्स संशोधन विधेयक, जानें- पास हुआ तो ड्राइविंग में किस गलती पर कितना फाइन,

केंद्र की मोदी सरकार एक बार फिर से मोटर वीइकल्स संशोधन विधेयक को एक बार फिर से सदन में पेश करने की तैयारी में है। 2017 में लाया गया यह विधेयक लोकसभा में पारित हो गया था, लेकिन राज्यसभा में अटक गया था। परिवहन मंत्रालय को बजट सत्र में इस विधेयक के पारित होने की उम्मीद है, यदि ऐसा होता है तो ड्राइवरों को रैश ड्राइविंग पर कड़ा जुर्माना चुकाना होगा। इसके अलावा कई नियमों में बदलाव भी किए गए हैं। जानें, क्या कहता है संशोधित मोटर वीइकल्स विधेयक…

हिट ऐंड रन पर सरकार देगी दो लाख मुआवजा

हिट ऐंड रन के मामले में मृतक के परिजनों को सरकार की ओर से दो लाख रुपये की राहत राशि दी जाएगी। फिलहाल महज 25,000 रुपये का ही प्रावधान है।

सभी रोड यूजर्स का इंश्योरेंस

मोटर वीइकल्स ऐक्सिडेंट फंड बनेगा, जो देश के सभी रोड यूजर्स को इंश्योरेंस कवर प्रदान करेगा। इसके तहत कुछ निश्चित तरह के हादसों को कवर किया जाएगा।

थर्ड पार्टी इंश्योरेंस पर देनदारी की सीमा खत्म

थर्ड पार्टी इंश्योरेंस पर देनदारी की सीमा को समाप्त किया जाएगा। इससे पहले 2016 में तैयार प्रस्ताव में मौत पर 10 लाख और गंभीर घायल पर 5 लाख रुपये का प्रावधान था।

नाबालिग की गलती पर पैरंट्स होंगे जिम्मेदार

यदि किसी नाबालिग के द्वारा ट्रैफिक नियमों का उल्लंघन होता है तो उसके पैरंट्स को जिम्मेदार माना जाएगा। परिजनों को बचने के लिए यह साबित करना होगा कि उन्हें इसकी जानकारी नहीं थी या फिर उन्होंने ऐसा करने से रोकने का प्रयास किया था। नाबालिग पर जुवेनाइल जस्टिस ऐक्ट के तहत केस चलेगा। वीइकल्स का रजिस्ट्रेशन भी रद्द हो सकता है।

शराब पीना पड़ेगा भारी, अब 10,000 फाइन

शराब पीकर गाड़ी चलाने पर न्यूनतम जुर्माने को 2,000 रुपये से बढ़ाकर 10,000 रुपये तक कर दिया गया है। रैश ड्राइविंग पर फाइन भी 1,000 रुपये से बढ़ाकर 5,000 कर दिया गया है। बिना लाइसेंस के फाइन पर 5,000 रुपये तक का फाइन देना होगा, फिलहाल यह 500 रुपये है।
सीट बेल्ट और ओवर स्पीड पर भी बढ़ा फाइन
बिना सीट बेल्ट पहने चलाने पर 100 रुपये की बजाय 1,000 देना होगा। इसके अलावा तय सीमा से अधिक स्पीड से चलाने पर 400 के स्थान पर 1,000 से 2,000 रुपये तक फाइन देना होगा।
मोबाइल पर बात करने पर 5,000 फाइन
मोबाइल पर बात करते हुए ड्राइविंग करने पर 5,000 रुपये तक फाइन देना होगा। फिलहाल यह महज 1,000 ही है।

01/06/2019

Allahabad HC rejects bail plea of former Noida chief engineer Yadav Singh

The Allahabad High Court on Friday rejected the bail plea of Yadav Singh, former chief engineer of Noida and an accused in the disproportionate assets (DA) case.


Justice Ramesh Sinha of the Allahabad HC rejected the bail plea of Singh.

Singh had filed the bail plea in the Allahabad HC after a Central Bureau of Investigation (CBI) court rejected his plea earlier.

Senior legal counsel for CBI, Gyan Prakash claimed that Singh is accused of corruption to the tune of rupees 954.38 crores.

The CBI had filed charge sheet against Singh’s wife, two daughters, son, daughter-in-law, chartered accountant Mohan Lal Rathi, three firms and a charitable trust in 2017.

The CBI said that the assets were allegedly acquired between 2004 and 2015.

Singh and his wife’s income increased by 500 and 1400 times respectively during his term as the chief engineer in Noida according to the CBI.