23 June – World Olympics Day – History…

On the 23rd of June 1894 the International Olympic Committee was founded at the Sorbonne in Paris. Prior to the IOC establishment by Pierre de Coubertin the British physician Dr. William penny Brookes had set up the Wenlock Olympian games in the English market town of Much Wenlock although he always maintained that he had the idea of reviving the ancient Olympic Games for amateur athletes himself, Coubertin entered correspondence with Brooks and benefited from his connections with the Greek government Coubertin was the Secretary General of the Union of French sports associations.

Image source: Confidential man.com

Coubertin first proposed establishing a modern Olympic Games at his meeting on the 25th of November 1892 although his enthusiasm was met with little more than general polite applause Coubertin wasn’t deterred and commenced to get the groundwork for what was to become the primary Olympic Congress at the Sorbonne in Paris in 1894. Initially invited participants to a gathering entitled reflections on and propagation of the principles of amateurism Coubertin later changed the name to a congress on the revival of the Olympic Games seventy-nine delegates from nine countries subsequently met at the Sorbonne though Coubertin himself recognized that there was still little enthusiasm for reviving the games. Despite this a vote was held at the last word meeting of the Congress on the 23rd of June that established the International Olympic Committee Coubertin was elected to the role of general secretary with the Greek businessman and writer Demetrius Vikelas because the first president it had been further agreed that the primary modern Olympic Games would happen in Athens in 1896. The second in Paris four years later the IOC has remained liable for the Olympic Games ever since.

There are two main events there are the Winter Olympics and the Summer Olympics if you’re wondering when the winter and summer olympics take place they take place every four years when you see the Olympic logo there are five rings the reason for that is in history it has been told that a man named Baron de Coubertin saw the five rings on an ancient Greek artifact the reason we see five colors on each ring is to represent the five continents Europe, Asia, Africa, Oceania and the Americas finally with sports like track gymnastics figure skating and more each category is awarded a gold silver and bronze medal for the first second and third place winners. Hope you enjoy the Olympics.

Image source: Smithsonian magazine

Supreme Court Passes First Divorce Decree Through Virtual Hearing

In a fresh and significant development, the Supreme Court just recently on June 12, 2020 in exercise of its civil original jurisdiction in a noteworthy case titled Madhuri Jajoo vs. Manoj Jajoo in Transfer Petition (Civil) No. 833 of 2019 has allowed the first petition for divorce by mutual consent, through the virtual hearing system. It is for this very reason that it will be remembered always in the days to come! It must be mentioned here that the Supreme Court Bench of Justice V Ramasubramanian in exercise of its powers under Article 142 of the Constitution of India passed the decree for dissolution of marriage by mutual consent in this notable case.

To put things in perspective, the petitioner-wife in the present case had approached the Apex Court through Advocate Rashmi Singhania seeking transfer of divorce petition filed by the respondent-husband , pending in the Family Court Judge, Kukkatpally, Ranga Reddy district, Telanagana to the District and Sessions Court, Alipore, Kolkata. It merits mention that the matter was however referred to the Supreme Court Mediation Centre by an order dated September 23, 2019 pursuant to which the parties reached to an amicable settlement and then mutually sought dissolution of their marriage in terms of the settlement deed. It also must be mentioned here that when the matter was taken by Justice Ramasubramanian on June, the petitioner and the respondent were also present through the video-conferencing. The top court then disposed of the transfer petition, while recording the terms of the settlement.

To start with, it is first and foremost mentioned in this latest order that, “This is a petition filed under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of the divorce petition F.C.O.P. No. 2775 of 2018 pending on the file of the XV ADJ-cum-Family Court Judge, Kukkatpally, Ranga Reddy District, Telangana to the District and Sessions Court, Alipore, Kolkata.”

As it turned out, it is then stated in this order that, “By an order dated 23.09.2019, this Court referred the parties to the Supreme Court Mediation Centre. The Supreme Court Mediation Centre conducted mediation and the parties have now reached to an amicable settlement. The settlement agreement dated 05.11.2019 reads as follows:-

“SETTLEMENT AGREEMENT

This Settlement Agreement is entered into between Ms. Madhuri Jajoo W/o Mr. Manoj Jajoo D/o Shri Ramlal Mundhra R/o 5/7, Burra Shibtaila Main Road, Flat No. 3, Shailja Towers-1, Kolkata-700038 (hereinafter referred to as the ‘First Party’) and Mr. Manoj Jajoo R/o 102, Bharani Residence Plot 62-63, Green Hamlet Kondapur, Hyderabad-500081 (hereinafter referred to as the ‘Second Party’).

The marriage between the parties to the Settlement Agreement was solemnized as per Hindu rites and customs at Kolkata on 31.05.2001. That out of the said wedlock there is one female child, namely ‘Saloni Jajoo’ aged about 15 years, born on 15^th October, 2004. Irreconcilable differences between the parties have caused the irremediable breakdown of their marriage and they separated on or about 06.04.2018 and since then have been living separately.

That vide order dated 23.09.2019 passed by Hon’ble Mr. Justice L Nageswara Rao and Hon’ble Mr. Justice Hemant Gupta, this matter was referred to the Supreme Court Mediation Centre.

That comprehensive mediation sessions collectively as well as separately were held between the parties on 27.09.2019, 23.10.2019 and today i.e. 05.11.2019 and the parties have voluntarily entered into a final settlement agreement on the following terms & conditions:-

1. Both the parties hereto confirm and declare that they have, voluntarily and of their own free will have decided not to live together as husband and wife and have arrived at this Settlement in the presence of the Mediator. Both the parties have decided to part ways by divorce through mutual consent for which the parties through their Advocates shall file appropriate application(s) before the next date of hearing in the Transfer Petition (C) No. 833/2019 pending adjudication before the Hon’ble Supreme Court.

2. The parties shall jointly request and pray for divorce by mutual consent under Article 142 of the Constitution of India before Hon’ble Supreme Court of India and for withdrawing and quashing all cases filed by the parties against each other and their family members. The parties shall file a joint application before by 05.05.2020.

3. In case the Hon’ble Supreme Court grants divorce under Article 142 of the Constitution of India, the second party shall pay an amount of Rs. 57,50,000 (Rupees Fifty Seven Lakh Fifty Thousand only) to the First Party in her name “Madhuri Jajoo” by way of Electronic Modes as full and final settlement on account of her stridhan, maintenance, alimony and future. This amount to be paid by the Second Party to the First Party. On or before 15.11.2019, the First Party shall intimate the bank account number and other RTGS details through Counsel/AOR to the second party/Counsel/AOR, in which the Second shall remit the said amount. The mode of payment is detailed as below:-

i) RTGS/Online Transfer for an amount of Rs. 25,00,000 (Rupees Twenty Five Lakh only) on or before 25.11.2019 to the First party Ms. Madhuri Jajoo.

ii) RTGS/Online Transfer for an amount of Rs. 16,00,000 (Rupees Sixteen Lakh only) on or before 05.02.2020 to the First party Ms. Madhuri Jajoo.

iii) RTGS/Online Transfer for an amount of Rs. 16,50,000 (Rupees Sixteen Lakh Fifty Thousand only) on or before 05.05.2020 to the First party Ms. Madhuri Jajoo.

4. That the parties to the agreement agree and undertake to withdraw all the cases/FIR/Complaints etc. Or any other civil or criminal case pending against each other and their family members in any Court of Law or forum in India. The designation of the cases is given as under :-

i. A.C. No. 1601 of 2019 under Section 23 and 12 of the Protection of Women from Domestic Violence Act, 2005 titled Madhuri Jajoo Vs. Manoj Jajoo & Ors. pending before ACJM, Alipore, Kolkata, West Bengal.

ii. ACM No. 274 of 2019 under Section 125 Cr.P.C., pending before the Ld. ACJM, Alipore, Kolkata, West Bengal filed by the First Party against the second party.

iii. FCOP No. 2775 of 2018 titled as Manoj Jajoo Vs. Ms. Madhuri Jajoo pending before the Ld.

iv. P.S. Case No. 53 of 2019, Police Station-Hehala, Kolkata, dated 28.02.2019 under Sections 498A, 406 and 34 of the IPC lodged by First party against the Second Party and his family members.

5. Both parties agree that the Second Party will have permanent custody of the child namely Saloni Jajoo.

6. However, the mother, First Party shall be entitled to have visitation rights to the child. The visitation shall be in accordance with the prior consent of the Second Party and also keeping in view the academic calendar and other obligation of the child. The First Party shall co-operate with the Second Party and the child in reference to any applications or documents for her academic purposes or otherwise.

7. It is also agreed that both parties shall conduct themselves in proper manner and treat each other with dignity and shall not speak ill or cast any aspersions about each other.

8. Both the parties agree and undertake that they have settled all their disputes and grievances amicably against each other and against their family members. Further, they shall not file any proceedings, whether criminal or civil against each other or their family members in any forum or stake any claim on the movable or immovable, joint or ancestral, self acquired or HUF properties of the either party or their family.

9. It is agreed between the parties that they shall withdraw all the respective cases filed by them against each other and shall take all steps to put an end to all civil/criminal litigation existing between the parties.

10. Both the parties undertake that henceforth they will not file any civil/criminal complaint or any case against each other or their family members with regard to the present matrimonial alliance/dispute.

11. The party shall close the joint locker maintained at S.B.I., Kothagunda, Hyderabad on or before 15.12.2019. The First Party shall visit the said branch on or before 15.12.2019 with prior intimation to the Second Party and the Second Party shall also visit the said branch along with First Party to close the said joint locker. The contents of the locker, if any, shall belong to the First Party.

12. By signing this agreement the parties hereto solemnly state and affirm that they have no further claims or demands against each other and all the disputes and differences have been amicably settled by the parties hereto through the process of Mediation.

13. The parties undertake before this Hon’ble Court to abide by the terms and conditions set out in the above mentioned agreement, which have been arrived without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth.

14. Terms of Settlement agreement have been read over and explained in detail to both the parties in English and vernacular language in the presence of their respective counsels present today during mediation.

That the parties are accordingly signing this settlement agreement in presence of all named above, to authenticate their will to comply the same as agreed above.””

Be it noted, this order then envisages that, “Under the terms of the settlement, a joint application has been made by the parties in I.A. No. 52648 of 2020 praying for a decree of dissolution of marriage by mutual consent by invoking jurisdiction under Article 142 of the Constitution of India.”

To say the least, it is then stipulated in this order that, “Under the terms of the settlement, a sum of Rs. 57,50,000/- (Rupees fifty seven lac fifty thousand only) is liable to be paid by the respondent (husband) to the petitioner (wife). The learned counsel for the respondent states that the entire amount has been paid. This is also confirmed by the learned counsel for the petitioner. The petitioner and the respondent are also present through the video conferencing. The petitioner wife Ms. Madhuri Jajoo confirmed the receipt of the entire amount.”

Finally and far more importantly, before drawing the curtains, the order then concludes by holding that, “Therefore, the transfer petition is disposed of to the following effect :

1. The marriage solemnized between the parties on 31.05.2001 shall stand dissolved by a decree of divorce by mutual consent.

2. All the proceedings pending before all courts between the parties shall stand closed/disposed of/quashed in terms of the settlement agreement.

3. Since the entire payment as recorded in the settlement agreement has been paid, the parties have no further or other obligations against each other.

The transfer petition is, accordingly disposed of.”

Before parting, it must be said that this latest order will be remembered for a long time to come. The reasons have already been stated above. The Apex Court has passed the first divorce decree through virtual hearing in this latest judgment!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

History behind Father’s Day…

In our society, we celebrate different days about different personalities like Mother’s Day, Teacher’s Day, and women’s Day. The main purpose of celebrating these days is to pay tribute to those personalities, Likewise, every year the father’s day is celebrated on the third Sunday of June. In ancient times, this day had celebrated on 19 of March as Saint Joseph Day, but in present time, every year the father’s day is celebrated on the third Sunday of June this tradition of celebrating Father’s day was started after an incident.

man person cute young — Photo by Pixabay on Pexels.com

In 1907 many men were died in an explosion occurred in a mine in West Virginia. The Father’s day was started in the remembrance of these men, Sonora Dodd from Washington had introduced this term “Father’s Day” in 1909. Sonora Dodd had very interesting story related to Father’s Day. She used to love her father William Jackson. Her mother died in her childhood, so her father brought her up along with her 5 siblings. William Jackson died in a war. When Sonora Dodd had heard about Mother’s Day, she told the pastor of local Church that

“Similar Day should be celebrated for dads too”.

Therefore, she proposed 5th June for Father’s Day, as that day was her father’s Birthday, but there was not enough time left for ceremony, So pastor denied her proposal and then this ceremony took place on third Sunday of June. At start, Sonora Dodd could not get any success to advertise this Day, so she left advertising it and she went to arts institute of Chicago for studies. In 1930 she came back to her city and started advertising Father’s Day once again. This time she got very success in it, because she got the support of Local Businessmen. Father’s Day was an opportunity to local businessmen. Specially for those who belongs to gift selling businesses. After 1930, Father’s Day become a commercial day.

Islam has also stress on the importance of parents, especially for father, it is said that ” Father’s desire is Allah’s Desire and father’s anger is Allah’s anger “In our society, we openly show our love to Mothers but maybe it is not in the case of fathers. The thing we need to do is that we should not only show our love to our parents but should also take a great care of them in old age. My Friends, the father is only man who sacrifice everything for your need and your desires. Today if your father is alive and he forbid you from anything, then for this blessing you should be very thankful to your GOD. My Friends, the importance of this thing can be asked from those who do not have fathers with them. The father is only man who is the first hero of his son, similarly he is the first love of his daughter.

Accused is Entitled to be Heard in a Revision Petition

It is good to see that the Supreme Court just recently on June 18, 2020 in a latest, landmark and laudable judgment titled Subhash Sahebrao Deshmukh vs Satish Atmaram Talekar And Others in Criminal Appeal No. 2183 of 2011 has reiterated yet once again that an accused person has the right to be heard before a court hearing a revision petition against the order of dismissal of complaint filed against him. It would also not be fair to not give an accused an opportunity to be heard as it would also be contrary to the famous legal maxim and latin phrase ‘Audi alteram partem’ which means “listen to the other side” or “let the other side be heard as well”. Very rightly so!

To start with, this noteworthy judgment authored by Justice Navin Sinha for himself and Justice Indira Banerjee sets the ball rolling by first and foremost pointing in para 1 that, “The petitioner, an accused in the complaint case, is aggrieved by the refusal of the High Court to interfere with the order of the Additional Sessions Judge, setting aside the order of the Special Metropolitan Magistrate, dismissing the complaint under Section 203 of the Code of Criminal Procedure (hereinafter referred to as “the CrPC”).”

While elaborating in detail, it is then postulated in para 2 that, “Learned counsel for the appellant submits that respondent no. 1 filed a complaint under Section 156(3) Cr.P.C. alleging offences under Sections 420, 467, 468, 120-B, 114 and 34 of the Indian Penal Code. The Magistrate called for a report from the police. The police, after investigation submitted report that the allegations were false. Notice was issued to the complainant, who then filed a protest petition seeking an order of cognizance and issuance of process. The Magistrate, after hearing the respondent and not being satisfied dismissed the complaint. Aggrieved, the complainant preferred a criminal revision before the Additional Sessions Judge in which the appellant was impleaded as a party respondent. No notice was issued to the appellant. The revision application was allowed and the matter remanded to the Magistrate. Relying upon Sections 399 and 401(2) Cr.P.C, it was submitted that no order to the prejudice of the appellant could have been passed without hearing him after dismissal of the complaint. The Additional Sessions Judge erred in passing the remand order in exercise of revisional jurisdictional placing reliance on Section 398 Cr.P.C. to direct further investigation by the Magistrate. The High Court further erred in holding that no opportunity of hearing was required under Section 398 Cr.P.C. if the direction for further inquiry was being passed after dismissal of the complaint as opposed to a discharge. Effectively, the complaint case was therefore restored to the prejudice of the appellant. Reliance was placed on Manharibhai Muljibhai Kakadia and another vs. Shaileshbhai Mohanbhai Patel and others, 2012 (10) SCC 517.”

As it turned out, the Bench then observes in para 3 that, “Learned counsel for respondent no. 1 submitted that the dismissal of the application under Section 156(3) Cr.P.C. at the pre-cognizance stage does not vest any right in the accused to be heard at the stage of remand in revision for further inquiry. Merely because the Magistrate may have called for a police report, it does not tantamount to taking cognizance. There has been no dismissal of the complaint under Section 203 Cr.P.C., entitling the appellant to be heard in the revisional jurisdiction.”

Needless to say, after hearing both the sides, the Bench then holds in para 4 that, “We have considered the submissions on behalf of the parties. The complaint filed by respondent no. 1 before the Magistrate under Section 156(3) Cr.P.C. alleged that by cheating and forging his signatures on blank papers, he had been shown as the sole proprietor of M/s Shivam Wines, when in fact he was a partner and his resignation from the partnership had also been forged. Consequentially, in the recovery suit filed by the Bank leading to the grant of recovery certificate, his private property came to be auctioned.”

To put things in perspective, the Bench then states eloquently and elegantly in para 5 that, “The Magistrate, under Section 156(3) Cr.P.C. directed the police to register a criminal case, investigate and submit police report in 90 days. The police after investigation submitted a report dated 05.04.2006 under Section 173(2) that the accusations were false. The Magistrate did not consider it necessary to proceed under Section 173(8) and issued notice to the complainant as to why the final report by the police be not accepted. The respondent filed a protest petition which was registered as a complaint case. The Magistrate, after hearing the respondent, and not being satisfied, dismissed the complaint under Section 203 Cr.P.C. on 13.07.2006. It was therefore not a rejection of an application under Section 156(3) Cr.P.C.as was sought to be urged on behalf of the respondent. The Additional Sessions Judge, in a revision preferred by the respondent against the dismissal of his complaint, set aside the dismissal order on 08.10.2007, effectively restoring the complaint case arising out of a protest petition and directed further inquiry by the Magistrate. The High Court declined to interfere with the order.”

Be it noted, it is then aptly envisaged in para 6 that, “In B. Chandrika vs. Santhosh, (2014) 13 SCC 699, this Court observed as follows:

“5. The power of the Magistrate to take cognizance of an offence on a complaint or a protest petition on the same or similar allegations even after accepting the final report, cannot be disputed. It is settled law that when a complaint is filed and sent to police under Section 156(3) for investigation and then a protest petition is filed, the Magistrate after accepting the final report of the police under Section 173 and discharging the accused persons has the power to deal with the protest petition. However, the protest petition has to satisfy the ingredients of complaint before the Magistrate takes cognizance under Section 190(1)(a) CrPC.”” There can be no denying or disputing it!

Most significantly, it is then very rightly and remarkably held by the Apex Court Bench in para 7 without mincing any words that, “The restoration of the complaint by the Additional Sessions Judge was undoubtedly to the prejudice of the appellant. The right of the appellant to be heard at this stage need not detain us any further in view of Manharibhai (supra) observing as follows:

“53…… We hold, as it must be, that in a revision petition preferred by the complainant before the High Court or the Sessions Judge challenging an order of the Magistrate dismissing the complaint under Section 203 of the Code at the stage under Section 200 or after following the process contemplated under Section 202 of the Code, the accused or a person who is suspected to have committed the crime is entitled to hearing by the Revisional Court. In other words, where the complaint has been dismissed by the Magistrate under Section 203 of the Code, upon challenge to the legality of the said order being laid by the complainant in a revision petition before the High Court or the Sessions Judge, the persons who are arraigned as accused in the complaint have a right to be heard in such revision petition. This is a plain requirement of Section 401(2) of the Code. If the Revisional Court overturns the order of the Magistrate dismissing the complaint and the complaint is restored to the file of the Magistrate and it is sent back for fresh consideration, the persons who are alleged in the complaint to have committed the crime have, however, no right to participate in the proceedings nor are they entitled to any hearing of any sort whatsoever by the Magistrate until the consideration of the matter by the Magistrate for issuance of process. We answer the question accordingly. The judgments of the High Courts to the contrary are overruled.””

Before parting, the Apex Court Bench then finally held in para 8 that, “The impugned orders dated 6.03.2009 and 08.10.2007 are held to be unsustainable in their present form. They are therefore set aside. The matter is remanded to the Additional Sessions Judge, Greater Mumbai to hear the revision application afresh after notice to the appellant also and then pass a fresh reasoned and speaking order to his satisfaction. The appeal is allowed.” Very rightly so! It goes without saying that this has to be complied with in totality!

To sum up, the Apex Court Bench has yet once again very rightly reiterated the clear legal position on this. The accused person is certainly entitled to be heard in a revision petition against the order of dismissal of protest petition. It cannot be disputed that the accused person certainly cannot be somehow or the other condemned unheard! Very rightly so!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh

Why Mukesh Ambani is more successful than Anil Ambani? – Inspirational story…

Once before in 2019 Mr. Anil Ambani either you pay Eriksson 453 crore rupees or go to jail that time is super rich brother saved him from that feed and then it happened again this year you are personally liable to the three Chinese bank for our comms use of 700 million dollars, but sir I have a net worth of zero you Daikin industrialist socialite and fitness enthusiast there riches-to-rags story of Anil Ambani could well be a plot for a Bollywood film just like his father the Dhirubhai Ambani.

Image source: Business Insider

Dhirubhai Ambani also inspired a film guru Dhirubhai was legendary for his audacious vision and his ability to successfully implement it

“If you don’t build your dreams someone else will hire you to help them build theirs while”

Started as a petrol pump attendant in Aden Yemen his son’s vocational him walk straight to the directors cabinet while returned to India with just 500 rupees set up reliance and took it public in 1977 the boy started life sitting on its board and that time of his death in 2002 Forbes ranked Dhirubhai Ambani as the world’s 130 eighth richest person with a net worth of 2.9 billion dollars leaving behind one of India’s biggest companies worth 75 thousand crore unthinkable to him that his two sons would fight over his legacy. Dhirubhai did not leave behind the wheel despite cracks forming between the two brothers even during his lifetime who were then Chairman and Managing Director of Reliance Industries respectively after the father’s death these cracks came wide into the open over who would own which company. There was no question as to who would get their flagship petroleum company reliance because Mukesh was the one who had built them main Patal Ganga plant and understood the business intricately Reliance Communications India’s second largest telecom company at the time was also micaceous baby having an vision and build it from scratch but Anil wanted it. Finally, it was their mother Kokilaben in 2004 five I need are calm mom supported by external negotiators chartered accountant s guru-murthy and banker KV Kamath who stepped in to divide the conglomerate Mukesh got all the old economy companies Reliance Industries petroleum IPCL infrastructure while Anil got all the new economy companies and renamed his group ad AG telecom Reliance Capital Energy Natural Resources and broadcasting and his legacy left him as the sixth richest man in the world with a net worth of more than 42 billion dollars just one step below his elder brothers forty three billion. It was broadly expected that since Ana had control over sundry sectors he would do better than Mukesh in the long run in his quest to further strengthen his hold in this sunrise sector in 2005 Anil bought ad lab films and their chain of theaters big cinemas which by 2008 had become the largest multiplex chain with 700 screens across India and overseas he also signed a 1.2 billion dollar deal with American filmmaker Steven Spielberg’s production company DreamWorks in the same year making some Academy award-winning movies.

Image source: Wikipedia.org

When Anil floated an IPO for Reliance Power it was subscribed in 60 seconds and record for Indian capital markets a Mills flamboyant lifestyle was a fairytale like his proximity to Bollywood celebrities on a loose was my genre program to politicians like Samajwadi parties. Amar Singh who had enough clout to have him nominated as AI onion through by Ambani having being elected as a member of the Rajya Sabha like his bi-weekly helicopter flight from his South Mumbai home to our comms office in Navi Mumbai named Dhirubhai Ambani knowledge seeking or his love for running and fitness which he apparently took up after an American investor.

Image source: Forebs

Mukesh boasting of the most expensive house in Asia worth 700 million dollars four and a half thousand crore anil planned his own luxurious house aboard also worth about the same amount in Bandra Pali Hill which is still under construction with so much money and attention around it seemed Anil star would shine forever things however did not go as planned relations between the once close brothers that were until then civil Saud instead of renegotiating an old deal in 2010 and Anil took Mukesh to court over the supply price of gas from Reliance Krishna Godavari Basin. Mukesh refused to supply him gas at the contracted price under the terms of the 2005 gas agreement brokered by their mother who Kokila had contracted to supply gas to onions our NRL at two dollars 34 cents per mm BTU even though its price had since risen sharply in international markets but the Supreme Court in accordance with the government’s gas utilization policy fixed the price at four dollars 20 cents per mm BTU in favor of Mukesh as Anil his next hit was in Telecom when our comb was set up they adopted the cheaper CDMA technology. While rivals such as Airtel and Hutch used the more expensive GSM while CDMA was a superior technology at 2g and 3G levels the world was moving towards 4G and beyond which it could not support once the tenure anti-competition clause with his brother lapsed into end Mukesh launched Jio and changed the face of the telecom industry in India within three years of Jio’s launch our comes one point six five lakh crore market capitalisation lost over 98% of its value and eventually went into insolvency proceedings in May 2018 both these were big setbacks for Anil.

Image source: Business Today

Now his dominoes began to fall one by one in an effort to reduce debt in 2014 Anil sold big cinemas to Carnival for seven hundred and ten crore and two years later parts of his TV and FM radio business to Zee for one thousand eight seventy two crore during his head is Anil to showcase his engineering capability took huge loans to build Mumbai Sea Link and the city’s verso Agard copper Metro both projects done below cost despite things falling all around him. Anil without domain knowledge tried his hand in the defense sector when in 2016 he bought p-pop of marine and offshore engineering so it was no surprise when the diversification failed and the market cap of Papa renamed Reliance navel fell ninety percent in 2019 from a billion dollars to a hundred million the Fuhrer over the Rafael deal in Parliament also added to his woes finally the profit making and cast generating Reliance Energy was sold off to Adani in 2017-18 for 2.5 million$ 18,000 crore took pay off debts loans that Anil defaulted on worth twelve thousand eight hundred crore also played a part in the downfall of yes bank as of December 31st 2019 Anil Ambani telecom naval infrastructure and power businesses have defaulted on loans over 43860 dollars his pile of deaths has also affected his other projects we had the Delhi Metro or power projects in Madhya Pradesh while Mukesh Ambani’s wealth saw ups and downs but remains steady at 43.1 billion$ last year on his fortunes tumbled to 1.7 billion and is reported to be worth less than 1 billion.

Mukesh Ambani House (Image: Business Today)

Anil monies deadly sins poor strategy are calm lost out when 4g came this way known drawback in CDMA pride chasing prestige projects with long returns rather than the bottom line like the ceiling over ambition looking outside of core competence areas like venturing into defense mismanagement taking more loans than the ability to pay in worst case scenarios like our comm navel etc mukesh on the other hand has not only kept a deep focus on his core business but entered two major sunrise sectors retail and telecom through a well-crafted strategy. Anil is not the only one to lose his fortune Ranbaxy is Shiv endure and Melinda Singh lost their ancestral 2 billion empire Ashika then Ravi can through you had to let go their bankrupt Essar Steel to ArcelorMittal VG Siddhartha of coffee cafe day ended his life citing debts and pressure from lenders the rage girl had to step down as chairman of Jet Airways which eventually wound up operations under a debt of 8500 TV mogul Subash Chandra lost his stake in Zee TV due to mounting debt the once billionaire is currently battling a lawsuit by three Chinese banks which are trying to recover 680 million$ they lend to our Comment 2012 debt backed by onions personal guarantee in a further spate of bad luck Reliance Capital the only business which was still doing well also got hit due to global recession after the corona virus epidemic a London Court has now asked him to deposit a hundred million dollars in six weeks but Anil pleaded, “I do not hold any meaningful assets which can be soon to pay them” now that the six week deadline is over and Anil is still out of jail it appears that he had enough personal funds to make the payment after the Jio-Facebook deal big brother Mukesh sauce even higher but with limited resources left the question is what next for Anil Ambani Baseball’s Limerick this is the story of Anil Ambani how his life was once full of glory but his death overloaded and capital eroded what chapters are left in this riveting story.

Facial recognition technology and how its affecting us.

Technology, evolving everyday getting smarter and smarter in order to ease our daily lives. One such technology is the facial recognition technology. It is the not only a hot brand on the tech market but also on the television front, it has been showcased in Tv shows and movies for years. Like any other technology it grows sophisticatedly and its usage has also expanded accordingly. These sensors have been upgraded to such a level that they can uniquely identify not just faces or animals but every individual fish that it can scans. That is the level of sophistication the facial recognition technology has achieved, but with its expanse it also brings about numerous privacy and civil liberty issues that need to be addressed. The biggest users of this technology worldwide are the Law enforcement departments. The use of this is so blatant that in an estimate around one in every two American has had their photos searched in this manner. Whenever this issue is raised not just in America but in any of the countries that this is so widely used, the authorities use the “we want to prevent atrocities” line, which would be sufficient if it did not come at the price of personal freedom.

Photo by Andrea Piacquadio on Pexels.com

Many countries have used this extensively but none other than china, the leading brand for infringing people’s right. They use a project called “Skynet” to monitor nearly every person’s movement, which includes whom you meet, where you go and even track all your movement for the past week. What makes this technology even worse is that even though it is still being used it is still a work in progress, which means its error rate is very high with only a measly 20% success rate. Even though this has such a large failure rate, nations worldwide continue to use it. Just a few years back Sri Lankan authorities mistakenly linked a Brown university student to a terrorist attack. With all of these concerns, a public domain company Clearview.ai has launched its services. To put this into perspective, Clearview.ai has collected data from nearly 3 billion images, which to this date is larger than any other facial recognition database on this planet. The founder Hoan Ton-That has scrapped photos from nearly all publicly available domains, and has become a front runner in the worst possible way. With their below the belt techniques and illegal means of acquiring photos of people, the company has also received cease-and-desist order from Facebook, YouTube and twitter this year. However, they have refused to do so and in fact even going so far as to claim that they have a first amendment right to harvest data, which is completely false. What is of a greater concern is that Hoan has previously developed apps like ViddyHo which tricked its users into sharing their emails and then spammed their contacts. Not only this but since its emergence Clearview.ai has tried to pitch itself to white supremacist candidates to ensure their victory. They have even quietly tried to offer their services to entities in Saudi Arabia and the United Arab Emirates who have had a history of human rights violations. With such a large freehand to companies like Clearview.ai we seem to be headed to some dark times indeed.

What could be done to limit these companies are stringent laws to be placed so that companies are required to acquire permission from the person they are collecting data from. We individually cannot do much for this however with a comprehensive nation-wide policy some measure can be taken to ease the illegal flow of information that companies like Clearview.ai seem to obtain.

What happens next is for all of us to see.

Dexamethasone- Corona Vaccine Update!!!

Finally some good news today dexamethasone is now being called a major breakthrough based on a recent randomized controlled trial in the UK. Dexamethasone also known as Decadron is an example of a glucocorticoid are sometimes referred to as corticosteroids other examples of glucocorticoids include hydrocortisone methyl prednisolone prednisolone, prednisone beta methazone and triamcinolone so glucocorticoids are a class of steroid hormones that bind to the glucocorticoid receptor in the body cortisol aka hydrocortisone is the glucocorticoid.

We naturally make in our body it’s essential for life it regulates or supports various cardiovascular metabolic and homeostatic functions it also plays a big role in our immune system especially when it comes to reducing certain aspects of inflammation this is why we use them all the time in medicine we sometimes give these steroids for asthma copd rheumatologic type diseases and countless more diseases. Sometimes it is also given for steroids for meningitis and also for some forms of cancer we also give them in the early course of severe ards acute respiratory distress syndrome whether that ards is due to infection such as pneumonia or vaping lung injury or whatever the cause for severe ards we typically give methylprednisolone or solumedral at a dose of one milligram per kilogram per day. So, for most people that ends up being around 80 milligrams per day so this is the equivalent of 15 milligrams of dexamethasone the idea here is to suppress the cytokine storm that has taken place meaning that the massive amount of inflammation that causes lung damage and can indirectly cause damage to other organs as well our body naturally makes cortisol in our adrenal glands specifically in the zona fasciculata of the adrenal cortex the adrenal gland then secretes cortisol into the bloodstream and the cortisol travels to different tissues of the body and then binds to the glucocorticoid receptor inside cells it then stimulates the cell to make more anti-inflammatory proteins and causes the cell to make less pro-inflammatory proteins but giving someone glucocorticoids meaning steroids to someone who has an infection is somewhat of a tricky thing because the fear is that if you suppress the body’s immune system it has the potential to make the infection worse. Sometimes the body’s immune system does more damage than the actual infection for example in cases of meningitis that is due to either streptococcus or tuberculosis we give steroids because the medical evidence shows that they have better outcomes when we do so and giving someone steroids for viral pneumonias like influenza is more controversial because doing so generally leads to worse infection with that said if the viral pneumonia is so bad to the point of causing severe ards most doctors will give steroids in that situation. So this is why, the general medical guidelines so far recommend against giving steroids for covert pneumonia unless the patient has severe ards and we’ve been waiting for randomized controlled trials to come out for steroids in covid and here we are now with this study so in march of 2020 the recovery trial which stands for randomized evaluation of covid-19 therapy was one of the randomized control trials that actually looked at several different potential treatments for covid which included low-dose dexamethasone this trial was done in the UK.

Image source: Sky News

Over 11 500 patients in it so this trial has not been peer reviewed as of has not been published in the journal yet so everything I know so far is based on what’s been released to the general public in this trial over 2100 patients were randomized to receive dexamethasone specifically six milligrams once per day for 10 days and this group was compared with over 4 300 patients that were randomized to the standard care alone so 6 milligrams of dexamethasone is the equivalent of 32 milligrams of methylprednisolone so this is about half the dose we would typically use for someone with severe ards so among the patients who received standard care alone 20-day mortality was highest in those who required mechanical ventilation this was 41 and then intermediate in those patients who required supplemental oxygen only this was mortality rate of 25 percent and the mortality rate was lowest among those who did not require supplemental oxygen in which that mortality rate was 13 for patients who were on mechanical ventilators dexamethasone reduced mortality from 41 percent to 28 percent for patients who needed supplemental oxygen it reduced mortality from 25 percent to 20 percent and there was no benefit among those patients who do not require supplement oxygen in other words if someone only had mild disease there was no point in giving dexamethasone so based on these results one death would be prevented by the treatment of around eight ventilated patients. So that’s the number needed to treat for ventilated patients and then the number needed to treat for the ones who required supplemental oxygen that number needed to treat would be 25 so these preliminary results are significant but it doesn’t mean that dexamethasone is a miracle drug it’s certainly not a cure but it does seem to help based on these numbers index and methazone could be of huge benefit and not just rich countries but poorer countries as well because this drug is very cheap and is widely available so this is great news and very exciting but there are still a lot of questions that need to be answered like what is the ideal dose should we use higher doses in patients who are mechanically ventilated with ards and when will it be approved for use in the united states and we’ll get these answers pretty soon now another.

person holding petri dish — Photo by Anna Shvets on Pexels.com

Interesting question is should we give decadron dexamethasone to people who have mild disease now even though this study didn’t show any benefit the reason why i bring this up is because some people start out with mild disease and then go on to have moderate or severe disease and we have no way of predicting who goes on to do that and also it happens very quickly lots of times someone could be doing just fine and then all of a sudden within hours they all of a sudden are deteriorating and they have severe disease so should we give those patients decadron regardless is there any harm doing so that’s another question that remains to be seen.

Allahabad HC Grants Wife Guardianship Of Husband In Comatose Condition

It is most refreshing, most pleasing and most heartening to see that in a commendable, courageous and conscious decision, the Allahabad High Court in Uma Mittal & Ors. v. Union of India & Ors in Case – Writ – C No. – 40096 of 2019 delivered just recently on June 15, 2020 has very rightly and remarkably allowed the plea of a wife to be appointed as the guardian of her husband lying in vegetative state even though it conceded that there is no law for appointment of guardians for a person in a comatose state. It also added that the court was obliged in its capacity as a ‘parens patriae’ to do justice to the petitioner. No wonder that this is being very rightly hailed in many newspapers and media! Why on earth should a woman who is a man’s wife be denied this?

To start with, we see that in this latest, landmark and extremely laudable judgment authored by Justice Shashi Kant Gupta for himself and Justice Saurabh Shyam Shamshery, the ball is set rolling in para 1 wherein it is observed that, “The present writ petition has been preferred seeking the following relief:

(a) issue a writ, order or direction in the nature of mandamus appointing petitioner No. 1, namely Uma Mittal, W/o Sri Sunil Kumar Mittal, as the guardian of her husband to protect his interest, administer bank accounts, investments, proprietorship business, etc. and in the event of necessity, to sell the immovable property standing in the name of her husband and to use the proceeds towards medical treatment of her husband and family welfare expenses.”

As it turned out, para 11 then reveals that, “In support of his contention, learned counsel for the petitioner has placed reliance upon the following decisions:-

(I) Aruna Ramchandra Shanbaug Vs. Union of India; (2011) 4 SCC 454 (Paras 127 & 131);

(II) Shafin Jahan Vs. Asokan KM; (2018) 16 SCC 368 (Paras 45 & 46);

(III) Shobha Gopalakrishnan and others Vs. State of Kerala and others; (2019) SCC Online Ker 739 (Para 42 & 43);

(IV) Vandana Tyagi Vs. Government of National Capital Territory of Delhi and others; (2020) SCC Online Del 32 (Para 76);

(V) Philomena Leo Lobo Vs. Union of India and others; (2017) SCC Online Bom 8836 (Para 6);

(VI) Dr. Kuldeep Chand Maria Vs. Union of India & Others; (2016) SCC Online HP 497 (Para 4).”

While dwelling on the Medical Examination Report, it is then pointed out in para 17 that, “A perusal of the said report clearly indicates that on examination, the patient was found in an unconscious state and is not oriented in time or place and was also not responding to any painful stimuli. Patient is also not in a position to recognize the people around him and not in a position to make any signatures or perform any other physical activity. Thus, the husband of Petitioner No. 1 was found in a vegetative state.”

To put things in perspective, it is then envisaged in para 18 which is briefly stated here that, “From a perusal of the record and the submissions made by the learned counsel for the petitioner, it is evident that the husband of the petitioner, SKM is lying in a comatose state. The petitioners have already incurred huge expenses in connection with the treatment and have exhausted their financial resources. They are in a state of despair, abandonment, isolation and are undergoing agony, stress and depression on account of pathetic condition of the victim who is lying in a vegetative state, as such, the petitioners were compelled to approach this Court for appointing the petitioner no. 1, wife of the SKM to be his Guardian submitting that no legislation in India provides for appointment of Guardian for a person lying in comatose state unlike legislation for appointment of Guardians for minor and persons with other disabilities like mental retardation etc. While referring to the judgment passed by Kerala High Court in the case of Shobha Gopalkrishnan (supra), learned counsel for the petitioner has submitted that, while invoking the doctrine of “parens patriae”, the Kerala High Court, has appointed the legal heir of the victim as a guardian, holding that no legislation in India provides for appointment of guardian to a person in a comatose state. The said judgment of Shobha Gopalkrishnan (supra) has been followed by the Delhi High Court in the case of Vandana Tyagi (supra), wherein discussions in this regard have been made from Paragraphs 57 to 68.”

Be it noted, it is then stipulated in para 25 that, “Thus, a perusal of the aforesaid decisions clearly indicates that the Constitutional Courts may also act as parens patriae so as to meet the ends of justice. The Constitutional Courts in the country have exercised parens patriae jurisdiction in the matter of child custody, treating the issue of custody of a child to be of paramount concern. Similarly, the doctrine has been invoked in cases where a person who is mentally retarded, is produced before a Court in a writ of Habeas Corpus. These are the rare situations, when the Court can invoke the aforesaid doctrine.”

More significantly, the Bench then minces no words to state in para 26 that, “In our opinion, in the present case this Court cannot shirk its responsibility when a distress call is given by a sinking family of a person lying in a comatose state for the past year and a half. The dominant factor, after all, is not enforcement of rights guaranteeing protection of life of warring parties under Article 226 of the Constitution but the protection of the rights of a human being lying in a comatose state under Article 21 of the Constitution of India. The Court under Article 226 can pass orders and give direction as are necessary for subserving the ends of justice or to protect the person who is lying in a vegetative state. Under the circumstances, this Court, under Article 226 of the Constitution of India, is the ultimate guardian of a person who is lying in a comatose/vegetative state and may provide adequate relief of appointment of a Guardian.”

Equally significant if not more is what is then stated in para 27 that, “It may be noted that the Division Bench of Kerala High Court in the case of Shobha Gopalkrishnan (supra) has framed certain broad guidelines with regard to appointment of guardian qua a person lying in a comatose state since no specific provision was available in any statute in this regard. The guidelines framed by the Division Bench of Kerala High Court appear to be formidable and sound and, therefore, can be used as framework for formulating guidelines that need to be implemented in the State of Uttar Pradesh till such time, the legislative enactments are framed and specific provisions are made as to how guardians are to be appointed qua persons in a comatose state.”

Most significantly, it is then laid down in para 28 that, “Thus, taking a cue from the decision of Shobha Gopalakrishnan (supra), we fix the following norms/guidelines as a temporary measure till an appropriate enactment is legislated as to how guardians are to be appointed vis-à-vis an individual who is lying in comatose state:-

“Guidelines

(i) A person(s) who seek(s) to be appointed as guardians vis-à-vis an individual, who is lying in comatose state, shall in their petition to the High Court (in short ‘Court’) disclose the details of all tangible and intangible assets of such an individual. The details as to their location and approximate market value shall also be disclosed. In case of bank accounts, stocks, shares, and debentures and other investments are concerned, material particulars will be provided.

(ii) The Court will have the person lying in comatose examined by a duly constituted medical board which would include, inter alia, a neurologist.

(iii) The court will also direct the concerned SDM/Tehsildar in whose jurisdiction the person lying in comatose is said to be located to carry out an enquiry to establish the veracity of the assertion and to gather material particulars concerning the person(s) who approach the court for being appointed as guardians. The enquiry will, inter alia, gather information as regards the relationship that the person(s) who wish to be appointed as guardians has/have with the person lying in comatose state. Information with regard to the financial condition of persons wanting to be appointed as guardians shall also be collected apart from other aspects which may have a material bearing in then discharging the duties of a guardian. Any conflict of interest concerning the affairs of the person lying in comatose state will be brought to fore in the report generated during the course of the enquiry.

(iv) Ordinarily only that person will be appointed as guardian who is a spouse or a progeny of the person lying in comatose. The person seeking appointment as a guardian in his petition to the court will, however, disclose the particulars of all legal heirs of the person lying in comatose. In the event, the person lying in comatose has neither a spouse nor any children or even any legal heirs or if he/she has such persons in his life but stands abandoned by them subject to the permission of the court his next friend who wishes to be appointed as a guardian can approach the court with such a request. In the alternative, the Court could direct the Department of Social Welfare, GNCTD to appoint a public official such as a Social Welfare Officer or a person holding equivalent rank to act as the guardian of the person lying in comatose state.

(v) Only that person shall be appointed as a guardian who is otherwise in law competent to act as a guardian.

(vi) The order directing appointment of a guardian shall specify the assets qua which the guardianship order is passed. The court will be empowered to modify the order and bring within its sweep other assets, if required, in the interest of the person lying in comatose state. In case liquid funds are not available and there is a requirement to sell the assets of the persons lying in comatose state, upon the guardian approaching the court, necessary directions could be passed in that behalf.

(vii) The person appointed as a guardian will file every six (6) months (or within such period as the court may indicate in its order) a report with the Registrar General of this Court. The report shall advert to the transactions undertaken by the guardian in respect of the assets of the person lying in comatose state. Besides this, the report shall also indicate the funds, if any, received by the guardian and their utilization for the purposes of maintaining the person lying in comatose state.

(viii) The Registrar General of this court will cause a separate register to be maintained which will set out inter alia the details of the proceedings, the particulars of the person appointed as a guardian and orders, if any, passed after the appointment of the guardian. Measures will also be taken by the Registrar General to preserve the reports filed by the guardian from time to time.

(ix) It will be open to the court to appoint a guardian either temporarily or for a limited period, as may be deemed fit.

(x) In the event, the guardian appointed by the court misuses his/her power or misappropriates, siphons or misutilizes the assets of the person lying in comatose state or fails to utilize the assets in the best interest of the person lying in comatose state, the court would have the power to remove the guardian and appoint another person in his/her place. The substituted person could also be a public officer such as a Social Welfare Officer or an officer holding an equivalent rank.

(xi) The guardian appointed by the court will ensure that the transactions entered into by him or her comport with the relevant provisions of the law.

(xii) In case a relative or a next friend of the person lying in comatose state finds that the guardian is not acting in the best interest of the person lying in comatose state, such person will also have the locus to approach the court for issuance of appropriate directions and/or for removal of the guardian.

(xiii) In case, the guardian wishes to move the person lying in comatose state to another state or even to another country for the purposes of securing better medical treatment for the person lying in comatose state, he/she would approach the court for necessary permission before undertaking such an exercise.”

For the sake of brevity, the essence of what is mentioned in para 33 is that the Bench directs that while accepting the medical report of SKM submitted by the Medical Board, we hereby appoint the Petitioner No. 1, Uma Mittal, wife of SKM as the guardian of her husband SKM, who is in a comatose condition, vested with the property of her husband SKM to do all acts, deeds and things for the proper care, welfare and benefit of the SKM and his children and with power to do all acts, deeds and things with respect to assets and properties of the SKM.

What’s more, the Bench then notes in para 36 that, “It is further directed that the Petitioner No. 1 would file a report with the Registrar General of this Court every six months, detailing the transactions in respect of the assets of SKM.”

Furthermore, the Bench then observes in para 37 that, “Before parting, we wish to recommend to the Central Government to consider enacting an appropriate legislation pertaining to appointment of guardians qua persons lying in a comatose state, as no remedy is provided in any statute to persons in comatose/vegetative state, (as already discussed in detail in earlier part of this judgment), unlike legislations for appointment of guardians for minors and persons with other disabilities, including like mental retardation etc.”

Finally, it is then held in para 40 that, “Registry is required to forward a copy of this judgment to the Secretary, Law, Ministry of Law and Justice, Government of India, for information and appropriate steps.”

To sum up, this is a very well written, well reasoned and well worded judgment which goes beyond the drafted law for which it has rightly received huge applause from all quarters. The two Judge Bench of Allahabad High Court very rightly empowers the wife to be the guardian of her husband lying in vegetative state by allowing her plea. It also very rightly calls upon the Central Government to pass an appropriate legislation on this subject. Needless to add, Centre must now act promptly on this accordingly!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

PIL Challenging Relaxations Prescribed Under MHA’s ‘Unlock 1.0’ With Cost

In a latest and fresh development, the Delhi High Court has just recently on June 12, 2020 in a latest, landmark and extremely laudable judgment titled Arjun Aggarwal Vs Union Of India And Anr in W.P. (C) 3449/2020 & C.M. No. 12224/2020 (stay) dismissed a PIL filed by a petitioner who is a law student. The PIL had challenged the June 30 order of the Ministry of Home Affairs wherein considerable relaxations from lockdown were operationalised under ‘Unlock 1.0’. The Delhi High Court has taken a very stern view of this PIL and termed it as “completely misconceived” and “has been filed only to gain publicity”.

To begin with, this noteworthy judgment authored by Justice Subramonium Prasad for himself and Justice Hima Kohli sets the ball rolling by first and foremost pointing in para 1 that, “The instant Public Interest Litigation (PIL) challenges the order dated 30.05.2020 bearing No. 40-3/2020-DM-1, issued by the Government of India, Ministry of Home Affairs. By the impugned order, in exercise of powers under Section 6 (2) (i) of the Disaster Management Act, 2005, the Government of India has extended the lockdown which had initially been issued by an order bearing the same number, dated 25.03.2020 for containment of COVID-19 in the country up to 30.06.2020, in containment zones and to reopen activities in a phased manner outside containment zones.”

To put things in perspective, it is then laid bare in para 8 that, “The writ petitioner has averred that he is a 5^th year student of BA LLB (Hons.) course, studying in Guru Gobind Singh Indraprastha University and has the means to pay, if any cost is imposed by the Hon’ble Court. The instant writ petition challenges the guidelines on the ground that phased reopening will result in rampant spread of COVID-19 in the country. It is contended in the writ petition that the impugned Notification will deprive the citizens of their basic fundamental rights such as life and it ignores the health of its citizens by exposing them to the threat from COVID-19. It is stated in the writ petition that the reopening has been done only keeping in mind economic considerations while endangering its citizens to the extent of succumbing to a contagious disease in the absence of any proven medical cure for it. It is stated that there was no need or justification for reopening the prohibited activities.”

As it turned out, the Delhi High Court Bench after hearing Mr Apratim Animesh Thakur who is the learned counsel for the petitioner as pointed out in para 10, it then goes on to state in para 12 that, “A series of orders have been passed starting from the month of March, 2020 to tackle the situation and decisions have been taken by the Government to ensure minimum hardship to the people. Several economic packages have been announced to regenerate the economy. This Court can also take judicial notice of the fact that world over, the trend is now to reduce the restrictions which were imposed due to lockdown and to return to normal life. In order to ensure a proper balance between containing the spread of COVID-19 pandemic and at the same time make certain that people are not forced to starvation the Government has issued the impugned order. The re-opening has been directed in a phased manner and is not a decision that appears to have been taken in haste. The Government is expected to remain cognizant of the situation and evaluate it closely. If it is found that the rate of infection is going up, they can always review their decision and impose curbs, depending upon the situation.”

More crucially, while drawing a red line for itself, the Delhi High Court Bench then minces no words to make it clear in para 13 that, “The scope of judicial review of Government policies is well known. Courts do not and cannot act as an appellate authority examining the correctness, suitability and appropriateness of the policy; nor are court advisors to the executive in matters of policy which the executive is entitled to formulate. Courts cannot interfere with the policy either on the ground that it is erroneous or on the ground that a better or a wiser alternative is available. Illegality of the policy and not the wisdom and soundness of the policy is the subject matter of judicial review. (see: Union of India v. J.D. Suryavanshi, (2011) 13 SCC 167 and Directorate of Film Festivals & Anr. vs. Gaurav Ashwin Jain & Ors. (2007) 4 SCC 737.)”.

Most crucially, it is then made pretty clear by the Delhi High Court Bench in para 15 that, “The instant writ petition has been filed by the petitioner who is a law student without looking at the abovementioned position in law. Nothing has been shown as to how the impugned order is so arbitrary or is based on such irrelevant consideration that it deserves to be struck down as being violative of Article 14 of the Constitution of India. The writ petition is completely misconceived and has been filed only to gain publicity. It cannot be said that this instant petition has been filed bonafide. In State of Uttaranchal vs. Balwant Singh Chaufal and Ors., (2010) 3 SCC 402, Supreme Court has given guidelines in order to streamline the growing abuse of public interest litigation which read as under:

“180. In our considered view, now it has become imperative to streamline the P.I.L.

181. We have carefully considered the facts of the present case. We have also examined the law declared by this court and other courts in a number of judgments. In order to preserve the purity and sanctity of the PIL, it has become imperative to issue the following directions:-

(1) The courts must encourage genuine and bona fide PIL and effectively discourage and curb the PIL filed for extraneous considerations.

(2) Instead of every individual judge devising his own procedure for dealing with the public interest litigation, it would be appropriate for each High Court to properly formulate rules for encouraging the genuine PIL and discouraging the PIL filed with oblique motives. Consequently, we request that the High Courts who have not yet framed the rules, should frame the rules within three months. The Registrar General of each High Court is directed to ensure that a copy of the Rules prepared by the High Court is sent to the Secretary General of this court immediately thereafter.

(3) The courts should prima facie verify the credentials of the petitioner before entertaining a P.I.L.

(4) The court should be prima facie satisfied regarding the correctness of the contents of the petition before entertaining a PIL.

(5) The court should be fully satisfied that substantial public interest is involved before entertaining the petition.

(6) The court should ensure that the petition which involves larger public interest, gravity and urgency must be given priority over other petitions.

(7) The courts before entertaining the PIL should ensure that the PIL is aimed at redressal of genuine public harm or public injury. The court should also ensure that there is no personal gain, private motive or oblique motive behind filing the public interest litigation.

(8) The court should also ensure that the petitions filed by busybodies for extraneous and ulterior motives must be discouraged by imposing exemplary costs or by adopting similar novel methods to curb frivolous petitions and the petitions filed for extraneous considerations.”

The instant writ petition does not satisfy the dictum of the Guidelines laid by the Supreme Court and this Court.”

Equally significant if not more is what is then stated in para 17 while deprecating the petitioner’s careless conduct that, “During the counsel hearing, we had informed learned counsel for the petitioner that we are not inclined to entertain the petition as we find that it is an abuse of the process of the law. We had also warned the counsel that if he presses the petition, we would be constrained to dismiss it with costs. We cautioned learned counsel only because the petitioner is a law student. Despite that, counsel for the petitioner upon taking instructions from the petitioner, continued to addressing arguments, wasting valuable judicial time. We deprecate this conduct of the petitioner. He has not cared to read the judgments relating to public interest litigations and the limits on the Court while exercising its power of judicial review on policy matters.”

Finally, it is then held in the last para 18 that, “The writ petition is accordingly dismissed along with pending application with costs of Rs. 20,000/- imposed on the petitioner who is directed to deposit the same in the Delhi High Court Bar Association Lawyers’ Security and Welfare Fund within a period of two weeks from today, with proof of deposit to be filed with the Registry of this Court.”

To sum up, this latest, landmark and extremely laudable judgment by a two Judge Bench of the Delhi High Court is a very loud and strong wake up call to all the litigants that they should not waste the precious time of the court without any firm reason! If they dare to do still then they would have to be ready to pay the costs as we see in this leading case also! Centre took this daring decision after lots of deliberations, discussions and debate with the concerned experts which we all must admire, appreciate and applaud and not instead resort to gimmicks like filing PIL against it as we see in this case!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh

Who is Owner of the Vehicle?

In a fresh development, the Supreme Court just recently on June 18, 2020 in a latest, landmark and extremely laudable judgment titled Surendra Kumar Bhilawe vs The New India Assurance Company Limited in Civil Appeal No. 2632 of 2020 (Arising out of Special Leave Petition (C) No. 20569 of 2016) has laid down in no uncertain terms that it is the person in whose name the motor vehicle stands registered, who would be treated as the owner of the vehicle, for the purposes of the Motor Vehicles Act. The case arose out of an insurance claim made by one Surendra Kumar Bhilawe. Surendra’s insurance claim was thus upheld!

To start with, this noteworthy judgment authored by Justice Indira Banerjee for herself and Justice R Banumathi sets the ball rolling in para 2 wherein it is observed that, “This appeal is against a judgment and order dated 23.2.2015 passed by the National Consumers Disputes Redressal Commission, New Delhi, hereinafter referred to as ‘National Commission’, allowing Revision Petition No. 4126/2014 filed by the Respondent, hereinafter referred to as ‘the Insurer’, setting aside an order dated 09.01.2014 passed by the District Consumer Disputes Redressal Forum, Raipur, hereinafter referred to as ‘the District Forum’ allowing the Complaint Case No. 404 of 2012; and an order dated 22.7.2014 passed by the Chhatisgarh State Consumer Disputes Redressal Commission Pandri, Raipur (C.G), hereinafter referred to as the State Commission, dismissing an appeal being Appeal No. FA/14/85 of the Insurer against the said order of the District Forum; and dismissing the said complaint filed by the Appellant.”

To be sure, para 3 then states that, “The Appellant was the owner of Ashok Leyland 2214 Truck bearing Registration Number C.G.04/JA3835, which was covered by a Policy of Insurance issued by the Insurer being Policy Number was 45030031110100001693, effective for the period from 2.6.2011 to 1.6.2012.”

Needless to say, it is then mentioned in para 4 that, “On 11.11.2011, the said lorry, which was loaded with Ammonia Nitrate at Raipur, commenced its journey for Dhanbad, where the Ammonia Nitrate was to be unloaded. The lorry was driven by Driver, Rajendra Singh.”

While elaborating further, it is then specified in para 5 that, “On 13.11.2011, at about 1.45 p.m., while the said truck was on its journey from Raipur to Dhanbad, it met with an accident near Bhakuwa Toil Police Station, Gumla in Jharkhand. It is stated that while negotiating the said truck, near a culvert, to save a cow, which had come on its way, the Driver lost control, as a result of which the said truck turned turtle and fell into a river by the side of the road and was extensively damaged. The Ammonia Nitrate, carried in the truck was also washed away.”

On expected lines, we then see that it is revealed in para 6 that, “The accident was reported to the Gumla Police Station, District Gumla, Jharkhand on 16.11.2011 and on 25.11.2011 the Appellant lodged a claim with the Insurer, through one Mohammad Iliyas Ansari.”

What followed next is then stated in para 7 that, “On receipt of information regarding the accident, and the claim, the Insurer appointed an independent Surveyor and Loss Assessor to conduct a spot survey. The independent Surveyor and Loss Assessor appointed by the Insurer, namely, Shri Birendra Kumar Gupta, conducted a spot survey and submitted his report on 29.11.2011.”

As it turned out, para 8 then notes that, “The Insurer, thereafter, appointed one Shri Gyan Chandra, Valuer, Surveyor, Loss Assessor and Investigator to conduct the final survey. The said Shri Gyan Chandra submitted a report dated 25.1.2012 assessing the loss recoverable from the insurer at Rs. 4,93,500/- after deduction of salvage value.”

While explaining the twists and turns that followed, it is then enunciated in para 9 that, “However, instead of reimbursing the loss, the Insurer issued a show cause Letter dated 22.3.2012 to the Appellant requiring the Appellant to show cause why the claim of the Appellant should not be repudiated, on the allegation that, he has already sold the said truck to the said Mohammad Iliyas Ansari on 11.4.2008. It is, however, not in dispute that the Appellant continued to be the registered owner of the said truck, on the date of the accident.”

While dwelling on the appellant’s version, it is then enshrined in para 10 stating: “It is the case of the Appellant that the said truck which had been purchased with finance from ICICI Bank, stood hypothecated to ICICI Bank, and the same could not be transferred without the consent of ICICI Bank. ICICI Bank had not issued ‘No Objection’ to the Appellant for transfer of the said truck, as the dues of ICICI Bank had not been repaid in full till the date of the accident. Admittedly, however, the Appellant had entered into a sale agreement with the said Mohammad Iliyas Ansari.”

While carrying on forward in the same vein, it is then pointed out in para 11 that, “The Appellant claims that he duly replied to the show cause letter and that he also sent a legal notice on 2.6.2012 to the Insurer to which there was no reply. The Insurer was disputing the claim, as it had been submitted by Mohammad Iliyas Ansari, and also on the ground of delay in filing the police complaint and in reporting the accident to the Insurer.”

Furthermore, it is then revealed in para 12 that, “The Appellant himself submitted a motor claim again on 22.8.2012, but the Insurer refused to accept the same. Under cover of a letter dated 22.8.2012, the Appellant sent the claim form, along with the requisite documents, to the Insurer by Registered Post.”

As a consequence, what then unfolds is elaborated in para 13 stating that, “Aggrieved by the action of the Insurer company in not releasing the claim of the Appellant, towards reimbursement of losses on account of the Accident, the Appellant approached the District Forum with the complaint numbered Case No. 404 of 2012, referred to above.”

What came as a shot in the arm for the Appellant is then enumerated in para 14 stating that, “By a judgment and order dated 9.1.2014, the District Forum allowed the complaint filed by the Appellant and directed the Insurer to pay Rs. 4,93,500/- to the Appellant within a month along with interest @ 6% per annum from the date of filing of the complaint, that is, 6.10.2012 till the date of payment and further directed the Insurer to pay the Appellant a sum of Rs. 5,000/- towards compensation for mental agony and Rs. 2,000/- towards cost of litigation.”

Against this backdrop, what follows next is then explained in para 15 holding that, “The Insurer appealed to the State Commission. The said appeal, being Appeal No. FA/14/85, was dismissed by the State Commission by an order dated 22.7.2014, which was challenged by the Insurer before the National Commission by filing the Revision Petition No. 4126 of 2014.”

What ultimately turned the tables is then stated in para 16 as follows: “By the judgment and order impugned bfore us, the National Commission has allowed the Revision Petition, set aside the orders of the District Forum and the State Commission respectively, and dismissed the complaint of the Appellant.”

No doubt, the tables were again restored to its original state by the Supreme Court Bench and this is best manifested in para 29 wherein it is held that, “There was no material evidence at all before the National Commission, on the basis of which the National Commission could have reversed the concurrent factual findings of the District Forum and the State Commission which unerringly led to the conclusion that ownership of the said truck never stood transferred to Mohammad Iliyas Ansari.”

In a stinging rebuke to the National Commission, the Apex Court Bench also noted in para 28 that, “The National Commission completely ignored the following concurrent findings of the District Forum and State Commission:-

(i) Even after the date of the purported sale agreement, that is, 11.4.2008, the Appellant continued to pay instalments to ICICI Bank towards repayment of the loan for purchase of the said truck.

(ii) The ICICI Bank had neither released the said truck from hypothecation nor given ‘No Objection’ for the sale of the said truck.

(iii) The Appellant paid the premium and took out the policy of insurance on or about 31.5.2011 covering the period from 2.6.2011 to 1.6.2012 in his own name. This was over three years after the date of the purported sale agreement.

(iv) No steps were taken by the Appellant or by Mohammad Iliyas Ansari to have the registration of the said truck transferred in the name of Mohammad Iliyas Ansari.

(v) The permit for operating the said truck was still in the name of the Appellant over three years after the purported sale agreement.”

More damningly, it is then also held in para 39 that, “It appears that the National Commission patently erred in holding that the Appellant had been paid the consideration without even examining if Mohammad Iliyas Ansari had paid any instalments to ICICI Bank.”

Most significantly, it is then very rightly held in para 53 that, “In our considered opinion, the National Commission erred in law in reversing the concurrent factual findings of the District Forum and the State Commission ignoring vital admitted facts as stated above, including registration of the said truck being in the name of the Appellant, even as on the date of the accident, over three years after the alleged transfer, payment by the Appellant of the premium for the Insurance Policy, issuance of Insurance Policy in the name of the Appellant, permit in the name of the Appellant even after three years and seven months, absence of ‘No Objection’ from the financier bank etc. and also overlooking the definition of owner in Section 2(30) of the Motor Vehicles Act and the Rules framed thereunder, including in particular the transferability of a policy of insurance under Section 157.”

Be it noted, it is then envisaged in para 54 that, “In view of the definition of ‘owner’ in Section 2(30) of the Motor Vehicles Act, the Appellant remained the owner of the said truck on the date of the accident and the Insurer could not have avoided its liability for the losses suffered by the owner on the ground of transfer of ownership to Mohammad Iliyas Ansari.”

Finally, it is then held in the last para 57 that, “The judgment and order of the National Commission is unsustainable. The appeal is, therefore, allowed. The impugned order of the National Commission under appeal is set aside and the order of the District Forum is restored. The Insurer shall pay to the Appellant a sum of Rs. 4,93,500/- as directed by the District Forum with interest as enhanced by this Court to 9% per annum from the date of claim till the date of payment. The sum of Rs. 5,000/- awarded by the District Forum towards compensation for mental agony and Rs. 2,000/- awarded towards the cost of litigation, is in our view grossly inadequate. The Insurer shall pay a composite sum of Rs. 1,00,000/- to the Appellant towards cost and compensation for the agony caused to the Appellant by withholding his legitimate dues. The amounts as directed above shall be paid to the Appellant within six weeks from date of the judgment and order.”

To sum up, this carefully drafted, excellently worded and well reasoned judgment delivered by a two Judge Bench of the Apex Court comprising of Justice Indira Banerjee and Justice R Banumathi speaks for itself! It makes it abundantly clear that the Insurer cannot shirk of his responsibility in case of an accident on any ground if the insured continues to remains the owner of the vehicle as we see in this case also! Very rightly so! No denying or disputing it!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

China releases 10 Indian soldiers after intense negotiations

The release of the 10 soldiers figured in three rounds of talks between Indian and Chinese delegations, led by major generals, near Patrol Point 14 in Galway Valley between Tuesday and Thursday. Maj Gen Abhijit Bapat, commander of Karu-based headquarters 3 Infantry Division, and his Chinese counterpart, met for the third time on Thursday.Intense negotiations through diplomatic and military channels, including three rounds of talks between senior military officers, led to the release of 10 Indian soldiers detained by the Chinese side during the violent brawl of June 15 in Galwan Valley, people familiar with developments said.The people, speaking on condition of anonymity, said the 10 soldiers, including at least two officers, were returned to the Indian side on Thursday evening, three days after the violent face-off along the Line of Actual Control (LAC) that left 20 soldiers, including a colonel, dead.

These negotiations were kept tightly under wraps due to concerns for the safety of the soldiers amid the heightened tensions between the two sides, the people said.

The pride month

The pride month is going on, as the global pride day is on 27th of June. Why is it called the pride month? In 1969 same day, was the first time when homosexuals got together and fought for their rights to be treated with dignity, also called the stonewalls riot that happened in New York. America had an anti gay legal system, under which they always saw homosexuals as a threat to humans, because of which these people were not allowed in many places. At that time Stone wall Inn a bar in Greenwich village used to allow these people as it was run be an highly organized Italian- American criminal society. Although different kind of people used to come there, the bar was called the ” Gay bar”, and police used to raid it every night and used to torture those whom they found homosexuals. After many years of sufferings, these people organized protests to make people aware that homosexuality is not a crime and a person should be free to reveal their sexuality without being arrested. After six days of riot, the anti gay system was abolished and they were no longer seen as threat to the society, and in 2003 a after many protests and campaigns in 2003 they were given the right to LOVE. This was all about America, there are many other countries which have not even legalized homosexuality.

It’s really sad that some group of people in the world have to struggle so much to get the right to live. Have you ever read about these historical movements in any of your school text books? or Have your parents in anyway talked about it? No, none of our history text books have ever mentioned about this. None of our biology text books mention that there are people who are homosexuals. None of our literature textbooks mention the story of the struggle that one goes through when they feel different from others. There are people claiming to have a cure for homosexuality, the people claiming these things should be arrested rather they are appreciated and encouraged by our society.

Why is it so difficult to understand the most normal thing in this world.

It is time that we introduce this as a subject in the school, and make the students aware about this. May be this can help many to accept themselves, and can prevent many stigma to prevail about this . Its time that we tell our friends, kids, brother or sister that it is ok to be what you are, love yourself for what you are. Its time that we stop using words like gay, lesbian, queer as an intention to insult others. Its time that we start to feel normal when you see a gay or lesbian couple. Its time to talk something beyond just asking these people that how do they feel? When did they make the decision to be this? Don’t you think you could have been normal? etc.

Let’s bring a change by making homosexuality a normal thing. Try to make a world where everyone lives their life happily and help each other out in difficult times ,in short make a civilized society in its real meaning.

Inceldom: a scourge to the society

Incels or as they describe themselves as the involuntarily celibate, are slowly gaining prominence on various social platforms like reddit and 4chan. These are males who treat women like sexual objects and feel that their lack of a sex life is due to a large conspiracy that all females are doing. They feel that it is their right to have a prominent sex life and that women’s time, bodies, and sexual desires should be primarily centred around men. They can easily be ignored as sad pathetic men which they certainly are, but the fact is that they are very dangerous for the society should they be allowed to thrive. The incel community gains a strong foothold in sexually frustrated men who have had an unsuccessful romantic life. Their beliefs include that “masculinity” trumps over any other power, Their beliefs are anti-feminist and a majority of the community support the idea that women should simply be enslaved so as to improve the society or as one incel member wrote on a 4chan thread “Enslaving them would free up men’s time to focus on more constructive goals like curing diseases, developing technology, [etc.]. It would be effortless too. Women are too weak and incompetent to put up a fight.”

These days a new belief has started within the incel community called Dogpiling: an online theory that implies women are rejecting men to engage in sexual acts with dogs. While this isn’t a mainstream idea yet, dogpiling is a longstanding theory that is rapidly beginning to thrive. Despite a lack of evidence (where would they even get it?) the idea has maintained its hold and is now slowly creeping its way to the mainstream incel community. Dogpill believers claim that the very fact that “there are more posts online of women describing romantic feelings for dogs rather than male virgins”, supports their theory.

Now to understand this we need to understand two very different “movements”. The first being Men Going Their Own Way, or the MGTOWs, who due to having bad experience with woman specifically in the romantic region have chosen to forsake any involvement with women. And the other more radical “movement” being that of the incel, who claim that women are knowingly refusing to have sexual relations with them. Their ideolog encompasses that women who are sexually active are “sluts” and they demonise the women who have premarital sex. There are a lot od narratives out their but all falling under two categories where men demonise sexually active women and that the said women get a kick out of rejecting “good” men. Hence Dogpiling snugly fits between the two narratives, that women would have relations with dogs to satisfy their sex drives and subsequently reject “good” men. A chat moderator for the group explains that the idea probably evolved from the theory that women need strong alpha males in their lives and that they do not care if their mate is human or not if they satisfy the above criteria. Should someone still be thinking that this is the work of some awkward teenage boys trying to vent out their frustration, need it be reminded that a few incels have made headlines over the last several years, even linked to terrorist attacks. Both Elliot Roger and Alek Minassian were self-proclaimed incels and Are often heralded in the incel community.

Incel community is filled with men describing violent ways they have lashed out against the women who have “wronged” them. Inceldom encourages straight men to alienate themselves from society and creates a black-and-white worldview. These people believe that women are the cause for men’s problems are encourage each other to treat sexually active people like their enemies. These are a group of sick, misogynistic hostile filth in the form of humans, many of whom are way beyond help. Because in order to help these pathetic excuses for human beings, one would need to make them realize that they are wrong. But very often these men think that they are the “oppressed victims” of the women’s “atrocities”.

Filth no matter what kind must be eradicated at some point, how this unfolds is for all of us to see.

How to open a Franchise without money- US…

let’s talk about to open a franchise with no money so the first thing you can do, if you want to open a franchise with no money down is go to your friends and family look. I understand that that’s something that you may not want to do sometimes that’s a toughest conversation asking friends and family for money but I would assume if you’re willing to open a franchise and you have some skill sets you have a certain level of intelligence and a certain level of ambition so assuming that you have a good reputation and a good rapport with your friends and family then that’s the first place that you can go to get money to fund your franchise.

hamburger and fries photo — Photo by Jonathan Borba on Pexels.com

Now when you’re approaching them for the money it’s important to be tactical and strategic about it and you don’t just say hey! can I borrow ten thousand dollars can I borrow twenty thousand dollars can I have fifty thousand dollars you have to go into it strategically so go into it with a business plan this is the franchise that I want to buy this is the amount of money that I need to get started this is a lot the amount of money that I think I will make with the franchise this is the time period which I can pay the money back to you and get on that loan repayment plan, another way to approach getting money from feds and friends and family to fund your franchise is to ask them to be a partner with you so although they may not want to work in the franchise themselves maybe they’re more willing to give you money or lend you money for the franchise if they are an owner or an investor with you so maybe you’re the one that runs the franchise and you handle the day-to-day operations the sales managing the staff managing the overall business and they get a percentage of the profits as a way of paying them back.

close up photography of starbucks disposable cup — Photo by Adrianna Calvo on Pexels.com

The next way that you can fund a franchise is to get a loan and before you read about that real quick with the franchise so now in getting a loan to open a franchise business it’s important to note that one you’re going to need to have good credit and two you’re going to need to have an income that can support paying back. The loan and three the likelihood is you are still going to need money for the down payment on that loan if you get us an SBA loan which is Small Business Administration they require a minimum of 10% down from you in order to fund that business so what does that mean if you need $100,000 for your franchise business then that means you need to come up with $10,000 in order to here that loan so the question is how will you come up with that $10,000 and there’s a number of options that we’ll go over in a second of how you can do that one way you can do that is what we already talked about which is getting money from friends or family it’s so even with the Small Business Administration having a ten percent minimum requirement that you have to put towards the loan in order to open a business.

white and blue come on in we ere open signage — Photo by Tim Mossholder on Pexels.com

Most lenders that issue SBA loans are going to require anywhere from 20% to 30% in order for you to secure that loan so again in that example if you’re looking to open up a business that’s a total of $100,000 you’re going to have to figure out a way to come up with twenty to thirty thousand dollars in order to secure that loan and so in a second I’m going to tell you about a strategy of exactly how you can do that without having to ask your friends or family for money another way that you can fund a franchise without having any money so to say is seeing if you have any 401k or retirement plans now as someone who has managed over a hundred million dollars over the course of career as a financial advisor typically. I would not recommend for someone to take money out of their 401k and that’s not what I’m recommending to you. So, I want to make sure that you get that clear because there are severe penalties and tax consequences that you should consult the tax advisor about but there are ways that you can leverage your 401k so if you’re still working with your employer you can take out a loan against your 401k in order to fund a business and when you take out a loan there’s one thing that you have to be very careful about the thing that you have to be careful about is that if you leave that employer and you have an outstanding loan they are going to make you repay that loan within a certain period of time usually it’s 60 days if that is the case if you don’t come up with the money and repay the loan for the 401k they count it as an early distribution you’re going to have to pay taxes on that money depending upon if it’s a pre-tax 401k and you may have to pay some penalties. 2 guys opened up first location they were going to need 300 just over $300,000 in order to get first location open so they had a significant equity in their home at that time and want to went ahead and apply for a home equity loan they secured a three hundred and ten thousand dollar home equity loan use that home equity loan to fund the business and to pay for the business about a year or so later they actually wind up moving they sold their house the home equity loan was paid for paid off and now they own the franchise in the business completely outright don’t have any loans on the business and then the last way that you can potentially buy or open a franchise with absolutely no money is to talk to the franchiser again it’s not about the resources it’s about your resourcefulness so it never hurts to ask them and to make a pitch if you’re truly excited and confident about the opportunity.

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Image source: AZ quotes

A messy circumstance: A deadly Drive-Thru

Yet another Monday went by, yet another black man in America dies from a police shooting. As the world saw their eyes open from the sadistic killing of George Floyd, people mobilized and hit the streets to protest. That too during a pandemic unlike any the world had ever seen. One could do well to understand the gravitas of the situation, the frustration of the people down on the streets, the fact that they choose to contract a deadly disease than to continue to suffer under a systemic abuse of their rights not just as a citizen but as a human being.

As the story has been seen, Rayshard Brooks, a black man from Atlanta, was shot dead near a drive thru at a local Wendy’s. The man was probably inebriated when he came by to the drive-thru and subsequently fell asleep. The other customers simply drove past him to place their orders as they weren’t really bothered by a man sleeping in his car. Soon a Wendy’s employee calls the police on Brooks. The police came, took him out of the car and talked to him. In the video, Rayshard can clearly be seen drunk, but still being respectful to the cops, and for a change the cops to were respectful of him and talking courteously. This went on for about 30 mins or so and it seemed it would have a normal ending and not result in the death of another black man. However, what happened next ensured that this was going to be yet another story with an abnormal ending that has become too common place when we see a black man interacting with the police. The police suddenly move to arrest him, and tase him. Rayshard slips from their grip, takes their taser and tries to run away. One of the officers shoots him not once, not twice but thrice and Brooks dies. At this point I guess everyone moves to their battle stations, the right portraying this as a black man being a criminal, and the left showing an innocent man dying at the hands of the police. But that is not the case, the story is messy. The fact that they talked to him for so long and things seemed so calm – he seemed respectful and cooperative, doing everything he could to be reasonable – he probably felt safe and that things would ride out okay. Then suddenly they’re breaking this rapport they’ve built with him, doing a 180 and putting him under arrest. He was drunk, and it upended how he thought things were going – fight or flight kicked in and he panicked. It wasn’t the right thing to do, but I do think it was understandable. The officer was unable to retain control of his Taser, but the ability of Rayshard to hurt anyone at that point was pretty minimal. He was running away. Lethal force ultimately didn’t belong anywhere in that equation. It was much more complicated than just a cop killing another black man; however, it was also more than just a case of a man breaking the law, threatening a cop, and dying for it. A situation like this requires close attention to detail and logical deduction to figure out if the actions were justified. In my opinion, this situation was not a hate crime, but a failure of our system to properly train cops to handle scenarios like this one. I ask that people on either side of this argument challenge what I am about to say. Rayshard Brooks broke the law by driving drunk. He resisted arrest, stole a cop’s taser and pointed it at them as he tried to escape. We can all agree that he should not have done this and should have been arrested. But was shooting him really the proper way to handle the situation? To answer this, the details need to be analysed and certain questions need to be addressed: Should the cop have really feared for his life when Brooks pointed a taser at him? How does a drunk man not only escape from the custody of two cops, but also take one of their tasers? What is the worst-case scenario if Brooks escapes? And does tasing a cop warrant a death sentence? I would answer these by saying that shooting Rayshard Brooks was not the proper way to handle the situation. The officer was not in a life-threatening situation and if you are going to shoot and kill somebody, it should only be as a last resort because of a real threat. In regards to his escape, I wonder how two trained officers failed to properly detain a drunk man and allow him to take one of their weapons. And in situations like this, why is the first option to shoot someone? Worst case scenario is he gets away with a taser. Shouldn’t they chase him down, call for backup, or at the very worst shoot him once and not three times? Seriously think about that, why do cops have to instantly shoot someone who is breaking the law? Doesn’t there have to be a trial with a judge and jury to determine if someone’s actions warrant a death sentence? Why do cops get to make this decision on impulse? And why do they need qualified immunity for when they do kill someone? If you are in real danger and need your gun, you don’t worry about the trouble you get in for using your weapon because it is either your life or theirs. If you have to question whether using your weapon is justified, then you probably don’t need to use your weapon.

Now this may have been swept under the rug under normal circumstances, but due to the current scenario it seems vital that this be thought about.

What happens next is for all of us to see.

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