How to file a case on instances of sexual harassment at workplace

Sexual harassment in the workplace is one of the biggest problems which has started to increase as the corporate culture has begun to flourish. Anyone can be a harasser, and anyone can be a victim. It is insignificant as to who commits the offense. It could be a manager, co-worker, or even a non-employee like a client, contractor, or vendor. If the person’s conduct creates a hostile work environment or interrupts an employee’s success, is considered sexually harassing. An act which may amount to sexual harassment may vary from a sexually colored involuntary encounter with a senior employee of colleague, winking, whistling inappropriate touch or similar behavior. An act of a senior employee asking for a non-consented sexual favor from the junior employee, in lieu of promotion in the job, falls in the category of sexual harassment at the workplace.

To govern such actions and create a healthy working environment for women, Supreme Court of India, in the landmark case of Vishaka v. State of Rajasthan to fill the legislative vacuum laid down Vishaka Guidelines for the protection of women from sexual harassment at workplace. Later an act was passed by the legislature named, Protection of Women from Sexual harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

As per the rules governing sexual harassment at workplace, it is compulsory for all organizations with 10 or more workers to constitute an Internal Complaints Committee (ICC) for registration of complaints relating to sexual harassment and take action against the guilty employer or employee. Constitution of ICC is a legal right, and in case the workplace is refusing to constitute the same, they can be legally penalized.

The constituted ICC can file a complaint against the incident of sexual harassment at your workplace. A complaint must constitute the following details.

1. Name of the person by whom the complaint is filed.
2. The date on which the incident of sexual harassment took place
3. The time when the incident happened
4. Description of the incident or inappropriate behavior
5. Name of the person accused of sexual harassment
6. Working relationship between the victim and accused.

The complaint with the details mentioned above must be filed within three months of sexual harassment incident, with full confidentiality and speedy process. This sexual harassment complaint can be filed by anyone irrespective of gender. Lodging of an internal complaint with the ICC does not cease the right of the victim to lodge a criminal complaint against the colleague or employer. Reply to the complaint must be filed by the accused within ten days. An inquiry has to be completed within 90 days. The final report generated thereof must be submitted to the Employer or District officer within ten days. The Employer or the District Office has to act on recommendations within 60 days. In addition to this, if the victim or accused is not satisfied with the recommendations of the ICC or LCC (Local Compliant Committee), a further appeal can be filed before a tribunal or a court.

In the case of  Apparel Export Promotion Council vs A.K. Chopra placed before the SC of India, Accused mentioned that the penalty on him was harsh and disproportionate to the charge leveled against him. It was concluded by the research that the accused had not actually molested the victim, but had only tried to assault her and had not made any physical contact with her. On this, the Staff Committee observed that no lenient view would be justified in a case of molestation of a woman employee when the charge was fully proved. Any sympathetic action in such a situation would have a demoralizing effect on working women. One of the judges from the bench, in this case, remarked that they would not wait for a girl to be raped and then the charges of sexual harassment could be logged. Hence the charges levied on the accused are reasonable and not disproportionate.

Apart from the complaint mechanism, the employer can take another recourse such as Criminal proceedings and Disciplinary action.

Know More:  Sexual Harassment at Workplace

Under Criminal proceedings, as per Vishakha Guidelines, when the conduct of accused amount to a specific offense under IPC or any other law, the employer shall initiate appropriate actions in accordance with the law. Attention must be paid to ensure that victim or witnesses are not victimized or discriminated against while dealing with the complaints of sexual harassment. Following are the specific provisions of Indian Penal Code, that can be applied in a sexual harassment case thereby making it a criminal complaint.

Section 294, talks about the obscene act in public place.

Section 354, embodies the provision when whosever assaults or uses criminal force on any women, intending to outrage her modesty.

Section 509 holds that whosoever intending to insult the modesty of women, utters any word, makes any sound or gesture or exhibits any object or intrudes upon the privacy of such women. The same shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

In addition to the aforementioned recourses, when such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action must be initiated by the employer in accordance with the rules.

A civil suit can be filed for damages under tort laws. That is, the basis for filing the case would be mental anguish, physical harassment, loss of income and employment caused by sexual harassment.

Section 499 IPC – Criminal Defamation

Criminal defamation, as defined in section 499 IPC, is one of the most controversial provisions under the Indian Penal Code, 1860. Time and again, we see defamations news popping up on our televisions and newspapers. Defamation is civil wrong under the tort law as well as a criminal offense under the IPC. We all are well aware that the right to speech is a fundamental right under the Constitution; therefore, the offense of defamation is debated on this issue. But the Supreme Court has held in several cases that the offense of defamation under Section 499 does not violate Article 19 of the Constitution.

“Freedom of speech and expression is not absolute. The concept of social interest has to be kept in mind when considering the reasonableness of a restriction”. [1]

What is Defamation?

Section 499 says that whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.

Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2.—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation.

Explanation 4.—No imputation is said to harm a person’s reputa­tion, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or a state generally considered as disgrace­ful. [2]

Therefore from the above provision, it is evident that defamation is done not only through words spoken but also written. It may be done by signs or visible representation that is directed towards a particular person to cause harm to a person’s reputation. There are four exceptions provided under the provision.

Explanation of Criminal Defamation

Right to speech and expression is one of the important Fundamental rights; therefore, when it is made, limited necessary points need to be considered. Defamation is made an offense under the criminal law, and certain explanations are attached to it to make the understanding clear.

1. Deceased person- usually no defamation is caused to a person who is dead, but, it may amount to defamation if the statement to act done to defame that person causes harm or is derogatory to his family or any of his family members.
2. Corporate body- Although it was controversial as to whether the corporate body can file a defamation suit. The SC strike out the balance between Art. 19 and the right of corporate bodies to file criminal defamation case for alleged damage to reputation.[3]
3. Indirect statement- Sometimes, even an ironically passed statement may also amount to defamation.
4. Lowering intellectual- if a statement is passed by a person to lower the person reputation, then it would be defamatory.

Defamation in English Law

Defamation in English law is classified under two categories-

1. Libel- representation made in some permanent form. For eg.- publication in a newspaper or any other writing form.
2. Slander-statement made in some transcient form. For eg.- by spoken words.

In India, there is no such classification of the offense of defamation. The Madras and Bombay High court has also held that there is no need to make such classification under the Indian criminal law.[4]

Exceptions of Defamation

1. Justification of truth- Law, will not guide a person or favor a person to receive compensation for something true. In a case, the defendant published a defamatory statement against, but the statements were true, so it was not considered as an offense.[5]
2. Fair comment- making fair comments in the public interest is not defamation.
3. Privilege- Giving special status to certain persons protects them from the offense under section 499. These privileges are absolute as well as qualified.

Conclusion

Defamation is one of the most controversial offense. Right to Speech is a fundamental right guaranteed under our Constitution, but the right is not absolute, and it is restricted. The offense of defamation is a form of this restriction made on the Fundamental Right. A person cannot speak or publish any derogatory remarks for any other person.

[1] Subramanian Swamy v. Union of India, Ministry of Law &ors. (2014) SC 184.

[2] Indian Penal Code, 1860, s. 499.

[3] Priya Pillai v. Union of India & Anr. (2015) SC 132.

[4] Hirabai Jehangir v. Dinshawdulji (1927) Bom 22.

[5] Radheshayam Tiwari v. Eknath (1895) Bom 285.

Never Underestimate The Influence Of Criminal Provision Of Defamation – Section 499 And 500 Of IPC

Defamation is an oral or written statement that injures someone’s reputation. Section 499 and Section 500 of IPC deals with the defamation as an offense. It is considered as the statement of fact, which is unprivileged and not true, that must harm someone’s reputation, either by spoken or written, and the same must be published before the third party. The term Defamation covers mainly the false allegation or communication, which tarnished the reputation or decreased the respect that they hold in the society at large. Written defamation is known as “libel,” which is also considered as the permanent form of the defamation,  while spoken defamation is known as “slander.” Both forms of defamation, i.e., libel and slander, derive its origins from English common law, but they are not treated as distinct from each other in Indian jurisprudence.

Every person has a right to have his reputation preserved free from the violation. This right of reputation is acknowledged as an inherent personal right of each and every person as part of the right of personal security under article 21 of the Constitution of India and also considered as one of the most important natural rights. An affection towards reputation inspires people to do great things, acquire fame and name, which is the mainspring of life in every walk of life. The main objective of the provision of the defamation is to protect one’s reputation, honor, and integrity in society.

Defamation in India at present

In India, defamation can be seen as both Civil as well as criminal offenses. The Sufferer or the person who got defamed is offered a legal remedy in both civil as well as criminal. In civil law, the remedy is covered under the Law of Torts where sufferer or victim may go to High Court or any subordinate courts for compensation or damages in monetary form and c, Section 499 provides the definition of “Defamation” and  legal remedy which is the punishment of simple imprisonment which may exceed up to 2 years or Fine or Both, defined under section 500 of the Indian Penal Code, 1862.

Section 499 of the IPC defined as

A person or anyone, by his words either spoken or  which shown as a clear intention to be read, or by signature or by any kind of representations which is visible, makes or publishes any charges or allegation which refers any person, intending to harm, or  have knowledge or having a reason to make believe that these kinds of allegation will harm, the reputation or dignity of such person, is to be understood by, except in the case hereinafter expected to defame that person.

The section further goes on to provide some other vital explanation to determine what would create or constitute defamation. Defamation under the IPC may constitute an imputation of a deceased person that would harm the reputation of that person if he is alive and showing clear intention which may be hurtful to the feelings and emotions of their family or any other relatives. It may also amount to defamation to make an imputation refers to an association or company or any collection of persons as such.

The Section however also state that no imputation is said to injures a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the respected character or moral or intellectual character of that person, or lowers the character of that person in respect of their caste or of their calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a disgusting state, or a state generally considered as disgraceful.

Section 499 of the IPC also explain some exceptions. These include “imputation of truth” which is essentially required for the “welfare of the public” and thus has to be published, on conduct of government officials which involves public duty, the act of any person touching any public question and merits of the public performance, if someone publishes reports of proceedings of Courts, merits of the case decided in Court of law or act and conduct of witnesses and others concerned with, etc.

Defamation under section 499 and Section 500 IPC vs. Freedom of Speech under Article 19(1)(a): –

The law of the defamation is not punishable in many countries or as we can understand by the way that defamation laws are not criminal laws in some countries of the world, for that the same reason a renowned lawyer-politician Mr. Subramanian Swamy along with several other petitioners (Rahul Gandhi, Mr. Kejriwal, etc.) came together to challenge the constitutionality of criminal defamation, i.e., (Sections 499 and 500 of the IPC) before the apex court i.e., Supreme Court.

 a)- Reason behind the Criminal Provision of Defamation (u/s 499/500) was challenged: –

The basic reason was that it was an unreasonable restriction on the constitutionally-guaranteed Right, i.e., Right to Freedom of Speech and Expression enshrined under Article 19(1)(a) of the Constitution of India. Section 499 of the Indian Penal Code gives us the Right to sue for Defamation if  the person’s reputation was damaged or intended to damage by any other, and the petitioner challenged this on the ground that this was prima facie infringement of Freedom of Speech and Expression provided by the Constitution of India under Article 19(1)(a).

 b)- Some of the arguments that why this criminal provision of defamation(u/s 499/500) must declare unconstitutionally: –

Firstly, Criminal provision of the defamation (u/s 499/500) do not constitute a “reasonable restriction” on speech, and even truth is not an exact defense because the defense only works when the statement is for the public good, which is a question of fact by the court. This could be arbitrary because Instead of making the plaintiff prove that the accused made a false statement, section 499 gives the accused the burden of proving that the statement was not only true but also for the welfare of the public at large.

Secondly, mere on the allegation, a magistrate may issue criminal process that the accused conspired with the person who actually made the allegedly defamatory written statements, also  a criminal suit u/s 499 can be filed even for speech given by the political leaders, which is considered as the most protected speech to sustain democracy.

Lastly, there is also an argument that it is not clear even why the criminal provision of defamation has existed because petitioners are in the opinion that civil remedy is more than sufficient for that.

 c)- Court Held: –

However,  the apex court of the country, i.e., the Supreme Court upheld criminal defamation (u/s 499/500) and its constitutional validity. The judgment delivered on May 13, 2016, by the Supreme Court in Subramanian Swamy V. The Union of India (“Judgement“) was delivered by Justice Dipak Misra, with Justice Prafulla C. Pant. The Judgment in the case started by analyzing the meaning of the terms ‘defamation’ and ‘reputation’, and their interaction of these terms with the right of the freedom of speech and expression mentioned under Article 19(1)(a) of the Indian Constitution.

The reputation of an individual must be secured as it was included in the protection of ‘dignity’, which is a very important aspect of the constitutionally protected right to life under article 21 of COI. Also, Defamation, in the right to freedom of speech and expression guaranteed under Article (19)(1)(a)  is subject to reasonable restrictions. The Judgement also recognizes principles of reasonable restriction are that the restrictions which should serve the interest of public and should not be excessive; and held that reputation of an individual is a basic element enshrined under Article 21 of the Constitution and balancing of fundamental rights is a constitutional necessity.

In addition, the court also emphasize for upholding the validity of the criminal defamation is online defamation, in the age of the Internet it can be effectively countered only by making it a criminal offense, and this particular law is concerning part of the state’s “compelling interest” to protect the dignity and reputation of citizens.

Finally, the Supreme Court holds that this criminal provision of defamation is not disproportionate. The reasonableness and its proportionality of a restriction are examined from the standpoint of the interest of the general public, and not from the person upon whom the restrictions are imposed. Applying this, the Court adjudged that criminal defamation law (u/s 499/500) to be proportionate. Further, the Supreme Court dismissed the petition which challenges the constitutionality of the criminal provision of defamation, holding that it was a reasonable restriction on the right to freedom of expression enshrined under Article 19(1)(a) of the Constitution of India.

 A person is bound to allow the existence of something that one may dislike or disagrees within other words -criticism, dissent, and discordance, but not expected to tolerate a rush which may tarnish the reputation of that person. (SC in Subramanian Swamy V. The Union of India [AIR 2016 SC 2728]  ).

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Seven Ugly Truth About Top 10 Criminals Of India – You Don’t Know

India, the home of over 1 billion people. It’s a family where all the traditions, religions, ages are safe and sound together. But the terror of crime is still in the veins of people of their own country and criminal cases in India are increasing day by day. The crime rate of the capital of India is 974.9 per 100,000 persons. National Crime Records Bureau, Government of India published Crime in India Report in which it is termed as the highest crime rate of India. Kerala stands second in the list by 727.6 per 100,000 persons. It may look insignificant in terms of proportion but gives chills in the spine when we think how brutally people have been killed these days. Criminals are creating a void of terror in the human heart. Now it’s important for us to take criminal cases of India seriously.

Read Also: Criminal Law in India

Every day nearly hundreds of people die because of crime in India. They all go unnoticed, but some wounds never record and blooms like before.

Remember the blasts of 26/11. They still disturb the souls of the nation. How two terrorists entered our country and killed thousands of people just to reveal them how terror feels?

This incident endures a shame to humanity.

Over here is the list of Top 10 criminals in India who made it unsafe to walk alone

Top 10 Criminals of India:

Over here is the list of Top 10 criminals in India. Those who had played an important role in increasing the graph of criminal cases in India and made it unsafe to walk alone.

1.Dawood Ibrahim

The most wanted criminal in the world is Dawood Ibrahim and was also involved in many criminal cases in India. He was born in Bombay in 1955. Currently, he is an underworld don, terrorists, and drug dealer. He founded a D-Company in the 1970s in Mumbai. He is accused of murders, drug dealing, and terrorism.

He has been on the Third position on the World’s 10 Most Wanted Fugitives presented by FBI and Forbes. The D-Company is rumored to be in connection with Bollywood Industry and threaten them for money. It is believed that he has killed Gulshan Kumar and Javed Siddiqui. He is equally known for extortion and threats targeted towards Bollywood.

He is the mastermind behind March 1993 Bombay Bomb Blasts. It is rumored that he was in close contact with Osama Bin Laden. Rumors, besides, say that spot match-fixing in IPL  was a white-collar business for Dawood Ibrahim.

On May 2015, Times Now claimed that he is safe in Karachi, Pakistan.

2.Mashood Azhar

Mashood Azhar is the leader of Jaish-e-Mohammed. This group is currently situated in Pakistan occupied Kashmir. Mashood Azhar was responsible for the hijacked Indian Airplane Flight 814. The plane was hijacked for the demand to leave Mashood Azhar from India in exchange for the innocent passenger in the flight.

3.Ilyas Kashmiri

Ilyas Kashmiri is also known as Maulana Ilyas Kashmiri. He is a senior operative of Al-Qaeda and head of Harkat-ul-Jihad Islamic.

Ilyas Kashmiri is held responsible for German Bakery Blasts in Pune. The bomb blast occurred on 13 February 2010 and more minor criminal cases in India. Over 17 people were killed, and 60 were injured. Resources convey that Ilyas Kashmiri was also involved in the Soviet-Afghan War, Kashmir Conflicts, and other attacks in India. Along with these he is also held responsible for attacks in Ahmedabad, Delhi, Jaipur, and Bangalore in 2008. He himself declared that 26/11 was his plot.

The U.S officially designated him as a terrorist in 2010. The United States has also called him “A most dangerous man in the world.”

It is believed that he was shot dead by U.S militants in 2011.

4.Syed Salahuddin

Syed Salahuddin is the one who is managing an organization for uniting Kashmir with Pakistan. Syed Salahuddin is the chief of Hizbul Mujahideen. This organization is linked with ISI and the Pakistan army. Syed Salahuddin is responsible for all the blasts, fights, and attacks in Kashmir and most of the criminal cases in India. He is currently residing in Pakistan. He is also behind the Delhi High Court attacks occurred in 2011. He runs United Jihad Council. This council retains a deep connection with Al Qaeda.

The National Investigator Agency lists Syed Salahuddin as Most Wanted Criminal.

5.Anees Ibrahim

Anees Ibrahim is Dawood Ibrahim’s younger brother. He is moreover the most trusted man of Dawood Ibrahim. He is believed to be involved in all the accused criminal cases in India led by Dawood Ibrahim. Be it extortions, drug dealing, weapons trafficking, fake note banks many more. It is believed that he was chiefly involved in all of the grim business of D- Company. He was shot in 2009 by members of a rival gang in Karachi.

6.Sajid Mir

Sajid Mir came to India in 2005 as a cricket fan. He remains the commander of Lashkar-e-Tayyiba. He came to India in 2005 to work on the 26/11 project. He and David Headley were working on this project together. Sajid Mir was contacting with the terrorists invaded the country through a safe internet line from a safe house in Karachi. He was personally involved in accusing hostages of the terrorist. Sajid Mir is currently in a run with ISI Directorate. Rumors say he has been traveling to Delhi with former armed officer Abdur Rehman Hashim.

7.Abu Salem

Abu Salem was born in 1969 in Uttar Pradesh. He is believed to be involved in many criminal cases in India like murdering, extorting and exporting arms and drugs. It is furthermore stated that Abu Salem has invested in Bollywood Films and retains a connection with the Film industry as well. He is rumored to be responsible for murdering producer Gulshan Kumar and other Indian producers like Subhash Ghai, Rajiv Rai for money from them.

Abu Salem joined D-Company as a Driver to transport drugs and weapons. He remotely handles and indeed sends his men to Bollywood stars and producers. In January 2001, his men were rumored to shoot the personal secretary of Manisha Koirala. He is also believed to be part of the 1993 Bombay Bomb Blasts.

8.Major Iqbal

The mastermind of 26/11 attacks in Mumbai is Major Iqbal. He is a major in the Pakistan army and a serving ISI officer. He is held responsible for recruiting “David Headley.” David Headley is a spy and an American terrorist of Pakistan army. David Headley recently informed that Major Iqbal befall the mastermind behind plotting the whole 26/11 attacks. He mentioned that he is also recognized by the name of “Choudhry Khan.” David Headley communicated this information during his trial in Chicago. He added that Major Iqbal once informed him about some of the attackers from Pakistani Boat in September 2008. He said they lost the Pakistani boats while they were Heading towards India for blasts.

9.Reshma Memon

Reshma Memon remains the wife of Yakub Memon. She is accused of helping Yakub and Dawood in the Bombay blasts of 1993. It is believed that Reshma Memon, along with her sister, was involved in many attacks and currently residing in Pakistan.

10.Chota Shakeel

Chota Shakeel was born in Bombay. He was initially named as Mohammed Shakeel Babu Miyan Shaikh. He is the crime boss of the Dawood Company, frequently known as D-Company. He joined the D-Company when he used to stay in Dubai in 1988. He is held responsible for the 1993 Bombay Bomb Blasts. He was equally involved in all the criminal activities during his prior years of life. Chota Shakeel is responsible for remotely tracking everyday activity in D-Company. It is believed that he helped Abu Salem in linking him with Bollywood film industries. It is rumored that he had killed Chota Rajan in Bangkok.

Chota Shakeel is also declared “WANTED” by the U.S. government because of his involvement in drug trafficking.

Rumors say he died in 2017 in Tajikistan. This is one of the dangerous criminal cases in India.

CRIMINALS IN INDIA

10 Preparations You Should Make Before Using Condonation Of Delay Under Section 5 Of Limitation Act.

Introduction To Condonation of Delay

The term ‘condonation of delay’ is characterized under Section 5 of the Limitation Act in the event of offers. Condonation of delay is the extension of the prescribed period in specific cases. Section 5 in The Limitation Act, 1963 states “Extension of prescribed period in certain cases. —Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. ”

Grounds for Condonation of Delay

Courts require to be persuaded with an adequate reason so as to get the Condonation of delay. A few grounds behind considering (or not considering) for the condonation include:

• Ailment: Including the nature and severity of disease and facts encompassing the failure to act.
• Detainment: Mere detainment is certifiably not an adequate reason. Different reasons ought to satisfy the court
• Other inadequate grounds: Poverty, Parda Nasihn Lady, Minors, Ignorance of the law, negligence (Vigilantibus non-dormant bus Jura subvenient) and so forth.
• Other adequate grounds: Mistake of court, mislead by rulings, the mistake of counsel, the mistake of law, delay in getting copies and so forth.

Application for Condonation of Delay.

Before the Honourable District Court at _______________(enter station)

AS No.(enter appeal suit number and year)

Appellant:(enter name)

Respondent:(enter name) 

AFFIDAVIT

1. I am the appellant in the above appeal and the petitioner in the IA.
2. The above appeal is given against the judgment and decree of ______court in OS No._____(give case number) against the appellant stating to _______(briefly state the order). I know the facts of the case.
3. The appeal ought to have been filed on _______(date). But as I(appellant) was________(enter the sufficient reason) the appeal could not be filed within the said period. Hence a delay of _____days is caused in filing the appeal. The said delay is not due to my wilful default.
4. I have filed a separate petition along with this for condoning the delay of __days in filing the appeal which has to be allowed. Hence it is prayed that this honorable court may be pleased to condone the delay of ___days in filing the appeal by allowing the IA filed herewith for the same unless I will be put to irreparable injuries and loss. All that is stated above are true and correct to the best of my belief.

Dated this the ______(date)

Sd/-Deponent

Mob No:

Email: 

Condonation of delay under section 119 (2) (b) of Income Tax Act

“The Board may, if it considers it desirable or expedient so to do for avoiding genuine hardship in any case or class of cases, by general or special order, authorize any income-tax authority, not being a Commissioner (Appeals) to admit an application or claim for an exemption, deduction, refund or any other relief under this Act after the expiry of the period specified by or under this Act for making such application or claim and deal with the same on merits in accordance with law.”

Central Board of Direct Taxes (CBDT) has given the powers to income tax authorities to acknowledge the income tax return for a financial year even after the expiry of the due date.

Condonation of Delay Scheme 2018 appeared on 29th December 2018 to give one last chance to the executives of the defaulting organizations who because of the reason of non-filing of financial statements and annual returns were held liable and disqualified. The default with the registrar of the organizations proceeds for a long time.

This scheme refers to the companies registered under the Companies Act,2013.

Important points in respect to Condonation of Delay Scheme 2018

The applicability of the scheme is to organizations which are in default (other than those organizations whose names had been struck off from the registrar of the organizations under Section 248(5) of the Companies Act 2013. In the event that you are the organization whose name is as yet not struck down from the registrar of the organizations at that point:

• The DIN numbers of the executives who were disabled beforehand will be temporarily enabled with the goal that executives could file the documents.

• The organization in default must pay out statutory charges endorsed according to Section 403 of the Companies Act 2013 read with Companies (Registration offices and fees) Rules, 2014 for filling this overdue documents.

• Application expenses for recording the E-form CODS will be Rs. 30,000/ – (nominal for the defaulting directors)

• Those executives whose name isn’t found by the MCA21 registry records yet are associated with the default, they will not have the capacity to reactivate their DIN numbers and would not have the capacity to choose as executives of any organization.

• In the event that the defaulting organizations whose name have been struck down under the provision of Section 248 and 252 of the Companies Act, 2013.

Read Also: Section 185 of the companies act, 2013

The Truth About CPC – Code Of Civil Procedure 1908 Is About To Be Revealed.

Code Of Civil Procedure 1908’s Historical Background

Till 1859, in India, there was no uniform systematized law for the procedures to be followed in Civil Courts. In those past times, under the British standard, there were Crown Courts in Presidency towns and Provincial Courts in Mofussils.

• These Courts in Mofussil regions and Presidency towns were administered by various frameworks of Civil procedure through different guidelines, directions and special acts and those were changed on time to time premise based on conditions and needs.
• In 1859, a uniform civil procedure code was presented by passing the Civil Procedure Code (Act VII of 1859). Be that as it may, this code couldn’t fill the need as this code was not made relevant to the Supreme Courts (Crown Courts under the Royal Charter) and the Sadar Diwani Adalats (Principal Courts under the Judicial Plan by the Governor-General).
• In 1861, the Indian High Courts Act was passed and the Supreme Courts and Sadar Diwani Adalats were abolished. Then the High Courts were set up by supplanting the Supreme Courts at Madras, Bombay, and Calcutta. At that point, the Civil Procedure Code 1859 made relevant to these recently established High Courts.
• The Code of 1859 was altered consistently every once in a while and was supplanted by passing the Civil Procedure Code, 1877. This code of 1877 was revised in 1878 and 1879 and the third civil procedure Code was established in 1882, which supplanted the past code. The Code of Civil Procedure 1882 was additionally revised a few times and eventually the present code of Civil Procedure, 1908 was passed eclipsing the deformities of the Code of 1882.

a) Civil Procedure Court: Meaning and Object

The Law identifying with the practices and system to be followed in the Civil Courts is directed by the Code of Civil Procedure, 1908. The word CODE signifies ‘a systematic collection of statutes, a body of laws so arranged as to avoid inconsistency and overlapping‘.

The fundamental object of this civil procedure code is to unite and alter the laws identifying with the technique and practices followed in the Civil Courts in India. All things considered, it was cherished in the preamble of the code that it was instituted to combine and revise the laws identifying with the methodology to be followed in the civil courts having civil jurisdiction in India. The Civil Procedure Code directs each activity in civil courts and the gatherings previously it till the execution of the degree and order.

Read Also: Understanding the Civil Laws in India

The Aim of the Procedural law is to execute the standards of Substantive law. This Code guarantees fair justice by upholding the rights and liabilities.

b) Extent and Application

The Civil Procedure Code was passed in 1908 and came into power from first January 1909. The Code is pertinent to the entire nation with the exception of –
The State of Jammu and Kashmir
The state of Nagaland and the tribal regions

There is additionally a provision that the concerned state governments may make the provisions of this code pertinent to the entire or part of the State of Nagaland or such tribal regions by notification in the official gazette.

This code is pertinent in the scheduled zones of the previous State of Madras (Lakshadweep), the East Godavari, West Godavari and Visakhapatnam agencies (Now in Andhra Pradesh State).

Read Also: Civil Procedure Code,1908 – Overview of the Bare Act

Salient Features

• The Civil Procedure Code made the procedure to be followed in the Civil Courts very basic and compelling. Authorization of rights, liabilities, and commitments of the citizens are managed by this code. To state, as such, the Civil Procedure Code gives the component to the implementation of rights and liabilities.
• The Civil Procedure Code is a general law and won’t influence any laws which are as of now in force. If there should arise an occurrence of any contention with any other laws, the other law will prevail in the Civil Procedure Code. On the off chance that, in the event that the other law is quiet about a specific issue, the Civil Procedure Code will apply.
• The Civil Procedure Code has been amended a few times to address the issues and prerequisites which are dynamic and changing every once in a while. Between 1909 to 1976, the Code has been amended for more than 30 times.

Conclusion

To empower the courts to convey fair-minded and unprejudiced equity, the Code of Civil Procedure, 1908 gives straightforward and clear procedures to be trailed by the Civil Courts. If there should be an occurrence of no provisions identifying with some issue or matter, the court won’t most likely decide effectively.

Consequently the Code of Civil Procedure, 1908 consolidated the provisions for inherent powers. At the point when there is no enactment, the court, in light of a legitimate concern for equity may exercise the discretionary power by acting past the powers given to them under the Code of Civil Procedure. It is known as the Inherent powers of the Court.

The Code of Civil Procedure is one of the vital parts of procedural laws and it is the one regulating the method to be trailed by the Civil Courts in India. Despite the fact that it might have a few restrictions, however, it is as yet effective, basic, clear and empowers the courts to deliver fair-minded equity and impartial justice.

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