VAKALATGIRI

E-CIGARETTES  BANNED The Modi government has announced a ban on e-cigarettes saying they pose health risks to the youth and their addiction is increasing.Once the ban comes into force, consumption, production, manufacturing, import, export, transport, sale, distribution, storage and advertisement of e-cigarettes would become illegal in India Union Finance Minister Nirmala Sitharaman said E-cigarettes were promoted as a way to get people out of their smoking habits but reports have shown that many people are not using it as [a] weaning mechanism but are rather addicted to it. According to Indian Council of Medical Research (ICMR), depending on the battery output voltage used, nicotine solvents can release in varying amounts potential carcinogens such as acetaldehyde, formaldehyde and acetone. The liquid-vapourising solutions also contain “toxic chemicals and metals that can cause several adverse health effects including cancers and diseases of the heart, lungs and brai...

FATHER CAN’T AVOID MAINTAINING CHILDREN JUST BECAUSE MOTHER IS EARNING  The Delhi High Court recently ruled that man cannot avoid the responsibility of maintaining his children on the ground that his estranged wife is earning because a lot of time and effort also go into the upbringing. In  Farooq Ahmed Shala v. Marie Chanel Gillier CRL.REV.P. 855/2018,  Justice Sanjeev Sachdeva said it would be incorrect to hold both parents equally responsible for the expenses of a child. In the case, the Petitioner has challenged the order of interim maintenance @ Rs.60,000/- per month. The Petitioner challenged the order on the ground that he is a pauper and does not have any source of income and that the respondent wife herself is running a business. The  High Court of Delhi  dismissed the appeal and made the following observations in the case: Para 18.  Mere fact that the respondent wife is earning does not absolve the petitioner of his responsi...

The Motor Vehicles ( Amendment) Act ,  2019    The Government of India has implemented the New Motor Vehicle Act 2019. With the implementation of the amendment in the previously proposed Motor Vehicle Act of the year 1988, a new set of traffic rules has been imposed on the citizens of India. The New Motor Vehicle Amendment Act of 2019 imposes almost double the fine on the faulty driver as imposed by the previous Act.   Below are the changes in fines and penalties as per the new Motor Vehicles Act 2019:  Offence Old Penalty New Penalty General (offences for which no penalty is defined otherwise)  ₹100 for first offence; ₹300 for subsequent offence ₹500 for first offence; ₹1,500 for subsequent offence Road regulation violation (S.177A) ₹100 ₹500 Disobedience of orders of authorities ( S.179) ₹500 ₹2,000 Unauthorized use of vehicles without licence (S.180) ₹1,000 ₹1,000 - ₹5,000 Driving without licenc...

Right to get Anticipatory Bail is not any FUNDAMENTAL RIGHT : Punjab and Haryana High Court. In a Judgement titled Sanjiv Sharma Vs State of Haryana  Punjab and Haryana High Court held that right to get anticipatory bail is not any Fundamental Right. Honble High Court made this observation while rejecting an application filed by a man involved in a case registered under the Narcotics Drugs and Psychotropic Substances Act, 1985. While speaking on this matter, Justice Rajbir Sehrawat asserted that an accused is still a citizen of India and he has a fundamental right to life and liberty. But these rights could be curtailed accordingly as the law has established several procedures. Justice Shehrawat stated that in order to curtail the liberty and life of an accused, one should refer CrPC. This section makes it clear that an investigating officer can arrest an accused without having a warrant and he doesn’t need a court’s order, interference or assistance in order to ca...