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?   

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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.