Are Lawyers exempted from paying Toll tax? To my query see the response shared by the NHAI

Various newspapers publish news that Lawyers are exempted from paying Toll Tax.  please click the link to see the response shared by the NHAI with Notification.

https://www.linkedin.com/posts/vana-narayanan-5bb80a4_exempted-categories-of-vehicles-from-paying-activity-6880702545723981824-PbBE

 

 

 

Iphone Theft Case : Apple Paid to the Consumer

Apple failed to disclose the Insurance Company name 
although complainant paid towards MA Apple Total (Protection Plan)
Orissa (Cuttack)Consumer Court directed
to pay the cost of the mobile set Rs.54,700/ besides,
to pay Rs.15,000/- (Fifteen Thousand) as
compensation and a sum of Rs.5,000/- (Five Thousand) 
towards the cost of litigation to the Complainant. 

APPLE INDIA PRIVATE LIMITED Versus HARISH CHANDRA 
MOHANTY & ANR. 

Nostro & Vostro Account

WORD ORIGIN Latin word:  A Vostro account is an account that a domestic bank holds for another foreign bank in the domestic bank's currency.  "Vostro" is from the Latin "Voster", meaning "your" Nostro meaning “Ours”. Ad valorem is an adjective that describes a tax charged at the estimated value of the goods being charged, and is the Latin for "according to value".

 

A Nostro account is used when one bank has money deposited in an account opened with another bank to execute international transactions.

 

Vostro Account refers to an account held by a foreign-based bank in the domestic currency with the domestic bank of the country

 

As both banks keep records of the amount of money deposited in the account, this leads to two mirroring sets of ledger known as the Nostro and Vostro account.

 

Example:

 

Suppose City Bank (USA based bank) opens an account in SBI BANK (India based bank) with the Currency INR (Indian Rupee), then this type of accounts is called Vostro Account.

Conclusion:

 

Thus single conclusion can be drawn from the above definitions of both Nostro and Vostro accounts.

 

If SBI bank opens a bank account in City Bank, it will be a Nostro Account for SBI Bank and from the City Bank’s point of view, it would be a Vostro Account.

 

Source: https://www.thesisbusiness.com/

Geofence Warrant – To Unearth Truth

The law to amend in equal footing as the development of technology.  After the proliferation of internet usage in smartphones options of gathering evidence for investigative

agencies also increased.  The legislators need to embrace technology should enact policies and procedures that make it more accessible for law enforcement officials to access information within a specified period of time. Timelines should be legislatively fixed in obtaining the information for any criminal prosecution. Imagine if the Law enforcement officials have the access to seek more information in solving cases.  Thus, saving of valuable court time and pending cases for want of solid evidence to nab the wrongdoer will be drastically be reduced from a legal point of view.

 

A different modus operandi.

 

The Geofence warrant We know that Google collects and retains location data from a device running the Android operating system. If the user activated GPS it's easy to identify user location, cell site/cell tower triangulation/trilateration, precise measurement information like timing advance or per call measurement data, wi-fi location and internet protocol address based on the information.

 

Any android device using google products with that location data, google to access easily particular geographic area, the specific time frame of its users. This information can inculpate or exculpate a user’s by showing that the user was or was not, near a specific location at that time which often provides a clue to the user identity, location that tremendously assist with police investigations of criminal activity.

 

By analysing the data law enforcement officials effortlessly to identify users who may have witnessed or participated in any offences or who may be a potential witness.

 

Legislators should recognize the technology-centric approach

 

A search warrant is legally required to obtain geofencing information.

 

Usually, law enforcement officers apply for a search warrant when they have a solid reason to believe that a particular person has involved in a particular crime and that the warrant will uncover evidence thereof.

 

If law enforcement officers find difficulty in resolving the crime for lack of evidence at the crime scene. He approaches the judiciary for issuance of Geofence warrant. The issuance of the warrant after level of probable causes evaluated by the judiciary such as Failure to issue may lead to loss of critical evidence from an investigative or prosecutorial viewpoint.

 

Like in the USA, If the Geo warrant introduced to the Indian Legal system without eroding Invasion of privacy.

 

Craft legislation to issue Geo fence warrants if there is a reason to believe that the records sought are relevant to a legitimate law enforcement inquiry supported by probable cause before acquiring such records.  That enable law enforcement agencies to gain access will enhance broaden nature of the searches for investigation.

 

The Policy be framed that Evidence gathered through this warrant should be admissible in judicial proceedings, preliminary hearings, bail hearings, and other non-trial proceedings

 

Established Model.

 

This concept is not new already Railway Department ticket issuing Application UTS use this model for booking Sub Urban ticket. A user to book a ticket through this application within the range of 5 kms to 30 meters radius of sub urban railway stations will be allowed to book ticket. If the user within 30 meters closer limit to any railway station the application will not allowed to book the tickets.

 

Recently Greater Noida region launched Geo-Inspection edition mobile application for collection & updation of solid waste/Bulk waste Generators based on Geo-Fence aspect.

 

Conclusion.

 

In coming years technology to play a  greater role in the court procedures to help litigants 

 

In this Digital world only least, the user leaves without a digital footprint in the borderless virtual world.

 

By adopting new emerging technology will ensure that criminals cannot be allowed to get away scot-free for lack of evidence. Law reform initiatives to aid as it can benefit litigants at large that improve access for justice and faster resolution of disputes.

Diwali – Sweet news for Consumers

As per FSSAI order F.No.13 (29) 2019/Milk/RCD/FSSAI 25-09-2020 its mandatory for the Food Business Operators to display “Best before date”  and  “Date of Manufacturing” for their products that in case of Non-packaged/loose  sweets selling in-tray /containers at the outlet in their local language with effect from 1-10-2020.

Note: Order applicable for Indian Sweets only (Voluntary and Non-binding)

F.No.13 (29) 2019/Milk/RCD/FSSAI 30-09-2020

 

Prohibited to Sale of Junk Foods Inside the School Campus

The FSSAI has issued guidelines in response to the PIL filed by the Uday Foundation Vs UOI , FSSAI & others Delhi High Court 2010.

 

To provide a balanced and nutritious diet for children in School under Food safety and standards (Safe Food and balanced diets for Children in School) Regulations, 2020

 The highlight of the Guidelines:

 

1.     Schools or Food Business operators who are selling or catering meals must obtain a license as applicable and comply with the requirements of sanitary and hygienic practices to the foodservice establishments as specified under schedule 4 of the Food Safety and Standards (Licensing and Registration of Food Businesses) regulations, 2011

 

2.     Any food products that contain high in saturated fat or trans-fat or added sugar or sodium (HFSS) cannot be sold to school children in school children in school canteens/ mess premises/ hostel kitchens or an area within fifty meters (50) from the school gate in any direction. 

 

3.     School Authority should display a board containing warning “Do not sell (including free sale or market or advertise) the food products high in saturated fat or trans-fat or added sugar or sodium within school premises or campus" in English or one Indian language as applicable is displayed prominently at the entrance gate or gates of the school.

 

4.     No Advertisement or marketing of such foods (Including through logos, brand names, posters, textbook covers etc. or in an area within fifty meters from the school gate in any direction )

5.    No Mandatory license (fssai certified Eat Right Campus) for any  foodservice establishments to operate inside the school campus.

6.   Schools to promote and prepare an extensive programme to cultivate  habits among with the children to eat healthy foods No food waste policies in line with the FSSAI, National Institute of Nutrition periodically.

7.     The School Authority should comply that meals are prepared inside the premises as per the direction issued by the Food Authority or the  Commissioners of Food safety.

 

       a.      Regular inspection of school premises to ensure that safe, balanced and hygienic food is served to students by the Public authorities like Municipal Corporation or any other local body or Panchayat in an area, as may be notified, in addition to State Food Authority shall also ensure the compliance of these regulations.

      b.      Creating a sub-committee by the State Level Advisory Committee to monitor the implementation of these regulations and to ensure the availability of safe and wholesome food to school children.

       c.      FSSAI also direct all the state authorities / Department education to issue any rules for promoting safe diets for children based on these regulations.

 

Grandfather Clause

What Is a Grandfather Clause?

A grandfather clause (whereby an old rule continues to apply ) is an exemption that allows persons/entities to continue with activities or operations that were approved before the implementation of new rules, regulations, or laws.

A grandfather clause only exempts people or entities engaged in specified activities before new rules being put in place, however, these clauses effectively place two sets of rules or regulations on otherwise similar businesses or circumstances, which can create unfair competitive advantages for grandfathered parties. In these situations, grandfather clauses may only be granted for a set period.

Case Law : Novartis Ag Vs Union Of India & Others

Tiger Global International II Holdings, Mauritius & Ors (Authority for Advance Rulings New Delhi) AAR/04/2019