SC JUDGMENT :REASONS FOR S 143A TO BE PROSPECTIVE AND S 148 TO BE RETROSPECTIVE

 Adv Rose Posted 2 Aug 2019 

The Court observed that" At the stage of trial, the provision of Section 143-A of the Act has created a new 'obligation' against the accused, which was not contemplated by the existing law and which created a substantive liability upon him, whereas the provision of Section 148 of the Act only reiterated; and to some extent modified in favour of the appellant, the procedure of recovery already existing in the statute book. We must, however, advert to a decision of this Court in Surinder Singh Deswal and Ors. vs. Virender Gandhi where Section 148 of the Act which was also introduced by the same Amendment Act 20 of 2018 from 01.09.2018 was held by this Court to be retrospective in operation. As against Section 143A of the Act which applies at the trial stage that is even before the pronouncement of guilt or order of conviction.

Section 148 of the Act applies at the appellate stage where the accused is already found guilty of the offence under Section 138 of the Act. It may be stated that there is no provision in Section 148 of the Act which is similar to Sub-Section (5) of Section 143A of the Act. However, as a matter of fact, no such provision akin to sub-section (5) of Section 143A was required as Sections 421 and 357 of the Code, which apply post-conviction, are adequate to take care of such requirements. In that sense said Section 148 depends upon the existing machinery and principles already in existence and does not create any fresh disability of the nature similar to that created by Section 143A of the Act. Therefore, the decision of this Court in Surinder Singh Deswal stands on a different footing. The imposition and consequential recovery of fine or compensation either through the modality of Section 421 of the Code or Section 357 of the code could also arise only after the person was found guilty of an offence. That was the status of law which was sought to be changed by the introduction of Section 143A in the Act. It now imposes a liability that even before the pronouncement of his guilt or order of conviction, the accused may, with the aid of State machinery for recovery of the money as arrears of land revenue, be forced to pay interim compensation. The person would, therefore, be subjected to a new disability or obligation." 

For more details, you can refer to lawyers in India

 could u misuse  the prospective Act without ascertaining the Actus rhea?   

...

Trump is scheduled to give a commencement address this Saturday to the graduating cadets at West Point. Rather than delivering it remotely, as various leaders have done for other military academies, Trump—against the wishes of West Point’s leaders—demanded that the Army cadets return to campus, isolate themselves for two weeks, and then, during the ceremony itself, sit in tight formation, ignoring CDC guidelines on social distancing. Of the 1,100 graduating cadets, 17 have tested positive for the coronavirus. The whole business, which seems designed to provide footage of Trump speaking before the newest flock of military officers for his reelection campaign, has sparked quiet resentment from many in the Army. Mr Trump is unwittingly promote coronavirus among cadets.

could a president dent the military rules, here he wanted cadets sit closer that might have caused some cadets getting the pandemic diseased if so what china says seems right .. US soldiers might have transmitted this covid-19 in Wuhan province, as soldiers sleep with Chinese women.

President Donald Trump’s fraught relations with senior military officers ratcheted up another notch on Thursday as Gen. Mark Milley, the top U.S. general, formally apologized for appearing in Trump’s June 1 photo-op at St. John’s Episcopal Church after police and National Guard officers fired rubber bullets and tear gas to clear protesters from nearby Lafayette Square, across from the White House.

“I should not have been there,” Milley, the chairman of the Joint Chiefs of Staff, said in a prerecorded commencement address to National Defense University. “My presence in that moment and in that environment created a perception of the military involved in domestic politics.”

Last week, Secretary of Defense Mark Esper, who also appeared in the photo-op, told reporters that he too shouldn’t have been there, further claiming that he didn’t know where he was going when Trump led him to the church. Esper also said that he opposed invoking the Insurrection Act to bring active-duty soldiers to quell disorder in D.C., as Trump had threatened to do. Esper’s remarks earned him a chewing-out in the Oval Office. Whether the same will happen to Milley—who has reportedly been agonizing over his role in Trump’s politicization of the military—is a matter of some suspense, State reported..

Military view is right is it not?

George Floyd:

‘The power of protest and the legacy of George Floyd. Mr Floyd was not famous. He was killed on a street corner in America’s 46th-largest city. Yet in death he has suddenly become the keystone of a movement that has seized all of the United States. Still more remarkably, he has inspired protests abroad, from Brazil to Indonesia, and France to Australia. Large-scale social change is hard. Protest movements have a habit of antagonising the moderate supporters they need to succeed. Yet Mr Floyd’s death holds the rich promise of social reform. Anyone who thinks racism is too difficult to tackle might recall that just six years before he was born, interracial marriage was still illegal in 16 American states. Today about 90% of Americans support it. America is both a country and an idea, and wrapped up in that idea is a conviction that progress is possible’, Economist wrote.

readers do u accept his murder by police?

Bajana poteelu బజన పోటీలు narayana ni naamame - ( 19 )

A Meeting of Spiritual Minds: Discussing Theosophy with Tim Boyd

innovation secrets

Founded in 2012 when Field dropped out of college to become a Thiel fellow and his cofounder and classmate, Evan Wallace, graduated from Brown, Figma officially launched in 2016 as a tool to help software designers work together in the same web browser simultaneously. (Both Field and Wallace have separately made the Forbes 30 Under 30 list for 2015 and 2017; Figma appeared on the Forbes Next Billion Dollar Startups list last July.) Figma’s design templates and collaboration tools have proven a hit with its local tech company peers, counting Airbnb, Slack, Twitter and Uber as users. Outside of the Bay Area, Figma’s now in use at Microsoft, Volvo and Walgreen’s per its company website. As of the end of 2019, more than 80% of Figma’s active users were outside the U.S., the company has said. It had 150 employees at the start of the year.
Always drop outs of college innovate 

Figma joins a select group of business software apps to follow that playbook in recent weeks, including collaboration toolmaker Notion, which also recently reached a $2 billion valuation off a relatively small amount of capital raised, as well as Coder, which just announced new funding at a valuation of $200 million. And it’s unlikely to be the last startup with healthy prospects to accept such a safety net, either. Still, reaching such a “unicorn” valuation will prove a major milestone for Field, not yet 30 and at the helm of one of Silicon Valley’s hottest software businesses.

healthcare or what?

A lot of the time, [companies] don't actually need to raise a lot of money," says Leung, the Hong Kong-based head of healthcare investments for Qiming Venture Partners. So she weeds out entrepreneurs "who want to make a quick buck" and instead picks early stage firms with long-term vision, especially in healthcare. The strategy has paid off with a trio of recent IPOs including Chinese vaccine maker CanSino and medical device maker Venus MedTech in 2019 and U.S.-based Schrödinger, which makes chemical simulation software, in February 2020.

Shortly after cofounding FirstMark Capital during the 2008 recession, Heitzmann met two young founders at an NYU business plan contest who foresaw a sea change from a text-based world to an image-based one. Their idea became Pinterest, and Heitzmann, the lead investor in its $525,000 seed round in 2009, eventually enjoyed a reported 1,900x return multiple when it went public at a market capitalization in April 2019 of $12.7 billion. "Nothing's easy, especially when you're starting in a recession, but it makes you gritty," says Heitzmann, who is also an investor in Airbnb, Dashlane, Discord, DraftKings, Hubble, Ro Health and Upwork, and who previously was the first institutional investor in Riot Games and StubHub.

uncertain world

My First Summer in the Sierra (1911) is his famous account of the spiritual awakening he experienced when, in 1869, he first encountered the mountains and valleys of central California, of which he wrote: “Bathed in such beauty, watching the expressions ever varying on the faces of the mountains, watching the stars, which here have a glory that the lowlander never dreams of, watching the circling seasons, listening to the songs of the waters and winds and birds, would be endless pleasure…. No other place has ever so overwhelmingly attracted me as this hospitable, Godful wilderness.”

To qualify, investors are ranked by their portfolio companies that have gone public or been acquired for at least $200 million over the past five years, or that have at least doubled their private valuation since initial investment to $400 million or more over the same period. Forbes and TrueBridge put a premium on exits over unrealized returns, large multiples on capital invested or huge cash sums returned as of March 2020, just as coronavirus swept the globe. A data-driven list, Midas is produced after reviewing the submissions of hundreds of partners across dozens of firms each year.

Note: Investors who have been fired or resigned from their firms for any kind of misconduct are subject to removal from Midas List eligibility.

I

In an uncertain world, venture-backed businesses have helped define how we eat, shop and communicate. These tech investors have made star careers out of spotting such companies ahead of the curve and making bigger, bolder bets on their success.

THINK LONG, DREAM BIG, ACT DECISIVELY. THIS IS THE WAY TO DEAL WITH BUSINESS CYCLES."
—  NEIL SHEN, FOUNDING MANAGING PARTNER, SEQUOIA CAPITAL CHINA

future none knows - do u know whthr coronavires attack is the last one?

Future is  unfathomable space like  Space!

No one  can build castles in the air, a great universal truth.

People ‘trust  and vote’, some political  parties just to help their own  issues but what is happening :  

 i only state that  2G kinds of scams happened in  the UPA time in India between 2009-2014, so too NCP wasted food grains, in FCI go downs, by allowing grains  to rot in the rains, not sheltered properly;

Note:   ‘If you get elected,  if you do not care the voters  instantaneously they will not forget your improprities, they will  punish you by the next election - by 2014 elections, so UPA 2 lost to Modi  and UPA 2 - congress got 44 seats in 2014 Lok Sabha ; same kind issue before 2019 elections 

 those ideas only made BJP fellows work on some party  selfish incomes generating  ideas, again some serious corruption ideas ; any losses to the  banks is a good opportunity, to loot tax payers moneys; from that loot for your party or for your own   personal reasons; that is the politics of today; reason is needed in logic; not just dry logic - like Bush and Cheney government  wanted to take away iraq oil refineries, as this combine of Bush & Chenny wanted to open fronts , somehow; 

And   this strategy  got killed their (US) own soldiers running in thousands, in spite of,  not taking approval of congress for war; but, claiming ‘funny prerogatives’, even many presidents agreed to testify, before judicial committee; but high handed politics only caused problems for tax payers and people; similar    ideas   

Modi  government pursued  

politics in democracy is not for parties to make moneys but work for people, politicians  just to govern as it is not to change things;

 just honorarily;

 they can't draw big salaries and perks what UPA did;

 same kind these BJP men  also do. 

you can't escape as Congress for it too failed miserably, by causing inflation,

 that led the rupee just as useless waste paper joke  only ;

so, so many to quote - anyway here bank losses are the routes for big bailouts who will pay bail out no parties for their misgovernance but tax payers, why you fellows fail in governance but you fellows ask tax payers and people to pay is the question need to be addressed.

If you have  faith in the future  you are Nowhere! 

Without win/win attitude but

Work  on ‘present’ only Tomorrow will take care of itself

You need to see -

‘Tis the part of a wiseman to keep himself today,  for tomorrow, and never venture all the eggs in one basket’ ;

‘Just 25 experiments cannot be an ‘arbiter in problem solving'. But fact is like in law. There ‘Audi Alteram partem' is allowing the respondent to place his argument. 

For  example,  an income tax officer thinks he finds a concealed  income. 

He has to prove, how  the income was concealed?  He needs to show by necessary proof , that,  after all the ‘prosecutor cannot be the judge, in his own case’;

 if prosecutor can be a judge then why do you need judiciary at all;

  ‘fact’ is, these ideas  once tested several centuries earlier/later  that ‘idea’ is advertised, here too you will  take a position, that way natural justice came into being.

  I agree, simply putting your leg in other man's shoe, you  really, can reach in to comprehend, that way study reconfirms;

  but saying you conducted 25 experiments, you gotta break through,  it is like Modi saying, ‘he brought bullet train’ to run between Ahmedabad - Mumbai  

 (whatever    new name these political fellows   say, in politics, may give to a place cannot  automatically solve the city problems and the peoples' problems; but just for one's own  personal reasons that only govern;

 not the over all peoples’ needs),

 to Mumbai, is Modi's idea of appeasing the rich Surat men, (like Nirav's),  based rich and wealthy or such kind men rich and wealthy  gujaratis, (rich can fly), not the real ordinary people of normal means ( gujaratis) .

 But he took ‘tax payers’ money ‘for granted’, by ‘some useless talk’ dramaturgy; fact is he simply wastes money on defense.. if you use your own resources of all kinds, you only make your people to fall into poverty that is happening after unnecessary attacks in J&K, what you do is you become vulnerable to attacks so that Indians only lose a bulk men and materials.. if any mobilization takes place your own people lose food and a lot might die of hunger what Sun Tzu said.. in his war is a deception strategy.

 and misused by positioning himself, as if ‘ he is putting his leg into other man's show idea only);

 this idea is already there, time immemorial, like 'Audi alteram partem, (hearing principle). 

 I don't think it is ‘super thinking’ as such;

 it is something like ‘Old wine in a New Bottle’ only.

Modi’s description  in words tends to ‘inflate’, expand, and inflame the  imagination, so that in the end the thing or person described  is amplified into a larger than-life size figment of imagination, is very  big Nothingness but all kind of ‘lies’ only he tries to market!, as if some screenwriting and that kind of language.

జన్మదినం ... ఇలా జరుపుకుంటే పిల్లలలో ఆనందం,ఆయుష్షు,సద్భావన వృద్ధి చెందుత...

పిల్లల్లో చలాకీతనం పెరగాలంటే... దాడి ఆడించండి