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September 2022

SUO MOTO
ScholarlyTop 10TrendingWriting

Forty-Six Suo Moto Cases in Supreme Court from 1990 to 2021

by Shamsul September 30, 2022

Forty-Six Suo Moto Cases in Supreme Court from 1990 to 2021

 

Indian Supreme Court has sometimes taken up ‘suo moto’ cases without any interest or filed a petition.

Indian Supreme Court takes ‘suo moto’ cases sometimes. It means they take up these cases without any of their interest or filing a petition.

While this type of power is given by the s. 23 of Contempt of Courts Acts, 1971 For the court’s contempt, usage of a process in judicial review authority or writ has been new. It came into existence by relaxation of the procedure while considering PILS. The first example is considered in the case of Sunil Batra. Process for suo moto petition was made formal in 2014 by the adoption of Order 38, Rule 12(1)(a) in Supreme Court Rules, 2013.

Vasujith Ram and Marc Galanter take data from the time duration of 1990 to 2018, ‘Suo Moto Intervention and the Indian Judiciary,’ Chapter 4 in Rosenberg et al. (eds), A Qualified Hope (CUP 2019). This data is collected from many reports and there is suspicion of human errors in it. Mainly because until the 2010s, courts were not counting suo moto petitions separately. Data from May 2018 is taken from the website of the Indian Supreme Court. Here, we see the ‘suo moto’ awareness only in Court’s Review authority or writ. We look at the frequency & no. of cases from 1990-2021. Also, look at the nature of cases instituted from 1990 through 2021.

 

Total 46 Suo Moto

Court has started a total of 46 cases in this duration of time. These numbers are rising with the passage of time or over the years. One of the earliest cases was looked up in 1994, which addressed pollution in the Yamuna river, but it is still pending. It is interesting to know that one of the most recent cases of 2021 is about looking at the river’s pollution in more detail. The highest number of suo moto cases was in the year 2020, and the number was 10. It was mainly because of the Covid pandemic at that time. Within the first three months, there are already 3 new cases in 2021.

In the past 27 years, almost fifty percent of cases were taken-up only in the last three years. The steepest increase was seen in 2014 (4x from 2013) and 2019 (2.33x from 2018).

Almost 18 cases out of them are still pending, and it makes up forty percent of all cases. Some of them issue orders at ‘continuing mandamus’, which means these cases will endure open for reviewing situations & issue fresh orders instead of instituting the new case. The case of air pollution in Delhi is an example of it.

 

A shift is seen over time in the matters dealt with by the court in the suo moto cases.

Some cases deal with a ‘particular issue.’ It means issues that are basically found in nature, but their scope is limited only to one place. E.g., pollution in Delhi. Covid cases are also included in it, as 9 cases deal with the fallout of Covid.

‘Particular incident’ means an issue taken up by reference to an incident that involves a specific number of people. E.g., a case in which there was a fire in Tamil Nadu which killed twenty-five asylum inmates. From 1994-2014, sixty-one percent (11 out of 18) of total suo moto cases dealt with a particular incident. From 2015-2021, fourteen percent (4 out of 28) cases dealt with a particular incident.

‘Systemic Issues’ mean broader matters like the approach of criminal justice structure to cases of sexual violence. Sixty-nine (69) percent (9 out of 13) cases are dealing with these issues, which were initiated in 2015.

 
 

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September 30, 2022 0 comment
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Fugitive Billionaires
ScholarlyTrendingWriting

Why Do the British Love Fugitive Billionaires?

by Shamsul September 28, 2022

Why Do the British Love Fugitive Billionaires?

 

This article will focus on the United Kingdom. Why & how does Britain have a fondness for fugitive tycoons? The largest and friendliest haven for financial fraudsters. Britain appears to like fugitive millionaires of any color or nationality, irrespective of their criminality or dishonesty. If you have a great deal of money and want to go beyond your country’s legal system, Britain seems to be the destination to go. They will accept you with welcoming arms if you present them with enough bucks. The authorities would not only give you refuge but will also assure that your business enterprise never comes to an end. From African dictators to Arab emirs, Russian billionaires to Eastern-European crooks, all kinds of coupists have sought shelter in the so-called mighty country over the years (Mosamku, 2020).

From evacuating Pakistani rulers to tax cheats in India. The United Kingdom has become a sanctuary for various business magnates (Fugitive Billionaires) on the run. Most of you are probably aware of this person, who spent years working for an airline before opting to escape his country, named Vijay Mallya.

Vijay Mallya

Mr. Mallya has always been having a good time. This colossal king of the past owed 17 Indian banking industry a total of 9,000 million rupees. As a result, he chose to relocate to Britain (Fugitive Billionaires). Later, after 3 years, he turns up for court proceedings puffing expensive cigars. 

Nirav Modi

Nirav Modi, an Indian-origin diamond merchant on the loose, is also suspected of a “13-billion-rupee” fraud.

He has since been spotted sporting a 10,000-pound blazer in London. When questioned, he pretended to be on his way to India after reclaiming the Kohinoor. However, I’ll offer you other figures because this list is extensive. In all, 5,500 Indians filed for asylum in the United Kingdom until 2013. India and the United Kingdom do have an extradition pact in place since 1992. Now, do you know how many evacuees have been deported to India due to this treaty? Just ONE – The gentleman named Sameer Bhai Vinu Bhai Patel (Mosamku, 2020). There’s only been one extradition to India. It was in 2016, and no additional deportation attempts have been made since then.

 

Why Hasn’t India been able to Take Back these Perpetrators? (Fugitive Billionaires)

There’s been much finger-pointing and political posturing, although have you really pondered why India can still not take back its fugitive tycoons? Because of the ingeniously crafted UK Legislation. But no, I’m not planning a legal workshop; these are simply some notions.

 

The Judicial System in the United Kingdom ((Fugitive Billionaires))

The judiciary system in Britain is the most significant impediment to repatriation. The nation ratifies the European Conventions of Human Rights. If a Britain judge determines that the deportation is for political grounds, the extradition will proceed. Alternatively, if the transferred individual is likely to be subjected to violence or capital punishment, they would refuse the extradition process. Some might call it a reward for Indian offenders.

 

Money Speaks Louder (Fugitive Billionaires)

Such rogue capitalists could be in severe debt to their throats. However, they are still multimillionaires and have a great deal of money. The British authorities would do everything possible to avoid repatriation. As a result, the plundered funds are held in UK banks or offshore bank accounts. I do have figures for you once more. As per a study by Deutsche Bank, Britain collected $129 billion in cash from runaway asylum seekers from 2006 to 2015. 

This money goes directly to British marine paradises like Gibraltar, the British Virgin Islands, Cayman, Guernsey, and Jersey. According to corruption surveillance, the UK financial planning business controls $800 billion in worldwide money, with a hidden embezzlement hazard of $800 billion.

The FCA [Financial Conduct Authority] is the financial industry regulator in the United Kingdom. As per the “Corruption Watch,” no judicial actions for financial fraud have been undertaken by this entity since 2007 (Mosamku, 2020). 

As a result, for the past 13 years, this organization has held firm despite international opposition and offered complete security to fugitive investors and companies from any court inquiry. So, if you’re accused of Financial Misconduct, Holiday Forex, or Stock HEDGING, the Britain financial sector and its arcane regulations will back you up.

 

THE MOST EXPERIENCED LEGAL MINDS (Fugitive Billionaires)

Fourth, Britain boasts some of the most influential legal minds in the world. Leading British politicians are contending for the millionaires who are departing the country. These are folks who also are incredibly knowledgeable about Indian law. Vijay Mallya’s matter is being handled by BOUTIQUE LAW, a global law company. Anand Doobay, one of Britain’s top legal minds, is a co-managing partner at this firm.

This individual was assigned to a group to evaluate the UK’s extradite arrangements by outgoing Prime Minister Theresa MAY while she was the nation’s Home Secretary. After consulting the country’s home secretary, her firm is now contesting the Vijay Mallya trial. 

Neerav Modi likewise solicited the same firm’s expertise. Whatever I imply is this: the British are brilliant people who haven’t governed half of the world by accident. They turned their small island into the most lucrative location for monetary scam artists. They initially provide sanctuary, then create possibilities for laundering money, cut off the robbed riches, and eventually force countries to seek repatriation in their tribunals. 

But India’s ties with the UK are so commercial that it just doesn’t challenge the UK’s underlying reasons for postponing extraditions. Instead, from the perspective of British lawmakers, India demands certifications from Kashmir. The Supreme Court of India has directed Vijay Malia to show up in court soon. The judges have urged the Ministry of Home to make it easier and more secure for Mallya to appear on this occasion. This is an instance of disobedience to the court.

 

Why are fleeing Indian criminals seeking asylum in the United Kingdom?

Because the judicial systems in India and the United Kingdom are almost comparable, fugitive Indian offenders are sheltered in the United Kingdom. In 1992, India and the United Kingdom concluded an extradition deal. The year before, India handed over 57 runaways to the United Kingdom, while the United Kingdom handed over 17 of the same to India. According to figures, 5,500 Indians reportedly sought asylum in the United Kingdom since 2013. 

Two offenders have already been handed up to the United Kingdom by India. However, not all of those are offenders. India and the United Kingdom signed an exchange pact in 1992, and the United Kingdom only repatriated one offender, Indian Samirbhai Vinubhai Patel, in 2016 (Singh, 2019). Since then, the United Kingdom has not returned any runaways to India. The issue now is what type of assistance the British government provides to Indian offenders.

 

What are the Geneva Convention’s concepts and regulations?

Let’s take a closer look at this phenomenon. (Fugitive Billionaires)

1. The fact that Britain governed India for approximately 200 years is well known. Well after the British left, India still maintained numerous British-era customs and laws. Numerous competent attorneys in India and the United Kingdom are very well accomplished in both British and Indian legislation, which gives Indian offenders an edge. Since the judicial systems of India and the United Kingdom are nearly comparable, India’s offenders have sought refuge in the United Kingdom.

2. The British Commission on Human Rights is highly rigorous and defends the rights of all individuals who live in the United Kingdom. Criminals are abusing this privilege. If a British judge considers that repatriation may result in a person being sentenced to death inside India, mistreatment, or repatriation for political purposes, the extradition will be denied. 

Nirav Modi’s attorney told a London hearing that their client’s repatriation is politically driven because Indian politicians exploit his image at gatherings, angering Indian citizens and putting his client’s security at risk in India (Singh, 2019). 

3. Many Indians reside in London, making it a friendly atmosphere for fleeing offenders. South Asian cuisine is widely found here. Many parts of London have indeed been dubbed “Mini India.” Numerous Bollywood businesses and celebrities own homes in London & frequently visit. Vijay Mallya, as everyone realizes, also lived in a big villa in London. It is not factual that London is solely home to fleeing Indian offenders. 

Former Pakistani PM Nawaz Sharif (Now Declared absconder by the court)

In addition, several Pakistani offenders seek shelter in London. Former Pakistani PM Nawaz Sharif (Now Declared absconder by the court), his children, Benazir Bhutto’s clan, Bilawal Bhutto, and his siblings have all resided there for a long time. It is now essential for the Indian & Pakistani governments to reauthorize the extradition agreement with the United Kingdom to expedite offenders’ expulsion.

Why Do They Find it so Easy?

The following will help explain:

Human Rights Legislation that is Rigorous (Fugitive Billionaires)

The Modis (Nirav & Lalit) and the Mallya’s of India were not the only ones who sought protection in the Queen’s realm. Since 2013, upwards of 5,500 Indians have applied for asylum in the United Kingdom; however, not all are offenders. They would be subjected to torture or the death sentence, or if extradition is being sought for political purposes. The United Kingdom is a party to the “European Convention on Human Rights”; UK courts can refuse extradition requests if they believe the individual to be deported.

 

Extradition is Being Delayed (Fugitive Billionaires)

In the United Kingdom, extradition processes are sluggish. Rajesh Kapoor (2011) for counterfeiting and forgery, Tiger Hanif (2004) for engagement in terrorist activity, Atul Singh (2012) for sexual crimes, Raj Kumar Patel (2009) for falsification, Jatinder Kumar Angurala as well as Asha Rani Angurala (2014) for financial crimes, Sanjeev Kumar Chawla (2004) for cricket gambles, and Shaik Sadiq (2004) for corruption: India has submitted nine deportation orders, including that of Vijay Mallya In courts, these cases are still ongoing (ET ONLINE, 2018).

 

Extradition Requests Were Turned Down

Lalit Modi
Nadeem-Saifi
Ravi-Sankaran
Raymond-Varley
Sudhir-Choudhrie
Tiger-Hanif

Since the two nations approved an extradition agreement in 1992, the UK has only deported back one Indian, Samirbhai Vinubhai Patel, in 2016. In contrast, India has deported several British fugitives, including Maninder Pal Singh Kohli in 2007 for killing, Somaia Ketan Surendra in 2009 for dishonesty, and Kulwinder Singh Uppal in 2013 for abduction. Why hasn’t India been able to take back these perpetrators? 

For various reasons, the UK has denied many extradition petitions made by India for Fugitive Billionaires. Ravi Shankaran, Raymond Varley, Ajay Prasad Khaitan, Velu Boopalan, Virendra Kumar Rastogi, as well as Anand Kumar Jain are some of the names on the list (ET ONLINE, 2018).

 
 

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September 28, 2022 0 comment
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Better Project Management
Better TipsBusinessManagementMarketingWriting

4 Illustrations for Better Project Management

by Shamsul September 28, 2022

4 Illustrations for Better Project Management

 

Project management is considered one of the most challenging things. It becomes even harder when you don’t have the appropriate data or information. According to a report, only 70 percent of projects meet the planned results. Under such stats, companies try to hire certified and skilled project managers.

An experienced project manager knows how to make a project successful. They start gathering the right data or information because they understand the value of proper data. In this matter, a particular strategic planning tool’s role is huge. It can help you gather the correct information quickly and efficiently. It also allows you to convey that information to stakeholders quickly. Here are four types of diagrams for better project management.

 

SWOT Analysis – Project Management

SWOT Analysis

SWOT mainly focuses on strengths, weaknesses, opportunities, and threats. Before starting or planning your projects, you must identify all the factors for better project management. It provides a complete insight into a project. For example, if you are performing a SWOT analysis for an IT company, the leader of the project should have enough knowledge of technicalities and the company’s vision. In this matter, a third party can give a brief view of your competitors and their performances. These factors are crucial as they provide a clear picture of your project.

It is imperative to understand the whole scenario in a better way in order to eliminate the factor of doubt. Incorporating project management tools with modern external business tools is very vital. It allows you to see your project with a clear vision. Moreover, it is incredibly easy to use a SWOT analysis to assess your project.

 

Gantt Charts – Project Management

Gantt Charts

In order to visualize a project and its subcomponents, Gantt Charts can be helpful and one of the easiest methods. It is a fact that they are not so much useful in some projects like big and complex projects. Gantt chart is useful for less complex or small projects. They help to define outcomes and measure progress.

However, this diagram can also be used for complex projects and provide the appropriate picture of the project to members or shareholders. It helps to show the deadline of the project. It also shows dependencies between tasks and allocates the resources for the project.

 

Work Breakdown Structures – Project Management

Work Breakdown Structures

It is a type of simple and easy diagram that helps to divide large or complex tasks into small and manageable subtasks. You don’t need to take tension about dependencies in this project management diagram. Usually, smaller teams in a project can perform this process. The subtasks resultant from this process are primarily used in Activity Diagrams and Gantt Charts as they can show dependencies.

 

Activity Diagrams

Activity Diagrams

Activity Diagrams are considered more valuable and reliable than Gantt Charts regarding complex and more extensive projects with plenty of interdependent tasks and subtasks. It has a way better mechanism than Gantt Charts to highlight dependencies. It also aids project managers in uncovering critical paths of a project. Project managers can efficiently allocate resources significantly when they identify critical paths. It helps to save your time and money.

Activity Diagrams and Gantt Charts can be used in complex projects. In short, there is no shortage of diagram types for better project management.

 
 

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September 28, 2022 0 comment
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Kanban Methology
BusinessManagementMarketingWriting

Know About Kanban Method and Characteristics

by Shamsul September 28, 2022

Know About Kanban Method and Characteristics

 

Characteristics of Kanban:

The Kanban method is utilized to allocate tasks to particular project members. They monitor work steps and give a constant overview of progress. All members can see each task and those who are responsible for it. In this way, they can check the achieved progress at any time. It also gives detail about the different phases in which a task is processed. In short, Kanban helps to recognize upcoming problems and ensures excellent workflow.

Kanban method works with blackboard, pinboard, sticky notes, colored cards, and flipchart. They are called tactile. You can hang the Kanban board in the office so that every employee and manager can see it. As a result, they get the latest details about progress, discuss it, and share it with others.

First of all, divide the Kanban board into rows and columns. You can mention words like to-do, done, and in-progress on the Kanban board to give an overview of the latest development. For complex projects, you can divide each part into subparts more precisely. Additional columns are always helpful for complex projects.

After this, place labeled cards or notes on the Kanban board. Each of these notes or cards refers to a task. To complete a urgent task, the employees can move the card to the following table. In this way, everyone can get a complete overview of the progress. Avoid task jams, which means not placing all cards in the to-do area. You can further modify the Kanban board based on the current status.

It is crucial to accomplish different tasks to implement a project. That’s why it is imperative to organize them logically. Place the high-priority tasks in the top order. Plus, they should be completed on an urgent basis.

 

Under Which Conditions Kanban Work Best?

The Kanban method needs some initial planning before it can be implemented. Separate those tasks that have to be finished first. Make sure that each task in step is not too long otherwise. It will become more confusing. On the other hand, only one person must be responsible for one task. The Kanban method is not so suitable for complicated or extended projects. It could make a project difficult to understand and complex.

As we know, this methodology is agile and suitable for those companies or organizations that give employees freedom of decision-making and rely on personal responsibilities. For software development fields and agency factors, it is a helpful method. By making tasks more manageable and small, the Kanban method helps to make them lean, and you can process them faster. The Kanban method also helps to restack delayed functions because of its flexibility and motivating power. Each individual can work independently and make quick progress.

The success of the Kanban method is based on the fact that the employees are willing to share their task progress and constantly update the development process. If the correct documentation is needed, you must utilize different methods other than the Kanban method.

 

Advantages and Disadvantages of the Kanban Method

Below, we have mentioned some important advantages of the Kanban method,

  • Provides a clear presentation of tasks, processing statuses, and processes.
  • It helps to keep processes simple and approachable.
  • Quick to use and easy to get.
  • Encourages self-reliant work and teamwork.
  • Provides complete insight into progress.
  • Highly flexible than other planning methods.
  • Agile project management method based on transparency.

The success of Kanban methodology is based on the type of working environment and project. Here we have covered some disadvantages that are associated with Kanban,

  • Hugely constrained to process flows.
  • Doesn’t allow small-scale planning.
  • Needs a high amount of self-discipline.
  • Offers lesser control and documentation options.
  • Bring problems into knowledge very lately.

 
 

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September 28, 2022 0 comment
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South African Food
Cooking & FoodsTravelWriting

Five Traditional South African Foods

by Shamsul September 26, 2022

Five Never-Missing Traditional South African Foods

 

Tourists prefer South Africa to appreciate the stunning landscapes, enthralling history, and miscellaneous wildlife. In addition, South Africa is famous for mouth-watering enjoyable foods that you cannot find in other parts of the world. You may have heard “The Rainbow Nation” description for South Africa. Cultural assortment gives an outstanding experience. While your honeymoon, vacation, or work trip in South Africa, do not forget to enjoy these delectable and traditional South African Foods:

 

1- Bunny Chow

Bunny Chow

It is excellent that many worldwide foodies have nominated Bunny Chow as the best food. It is a popular street food that has a delicious taste. Bunny Chow originated in the 1940s in Durban city, but it is available everywhere in South Africa these days. Definitely, you will be excited to know about the ingredients of this dish. It contains a hollow bread loaf that is overflowing with spicy chicken curry or lamb. Order the vegetarian option based on onions, tomatoes, lentils, and kidney beans if you dislike meat.

 

2- Biltong

Biltong

Most American natives are familiar with Biltong and take it as a snack; however, South African Biltong is totally different. To make the South African type of Biltong, it is necessary to dry out the meat. Besides beef, chicken, kudu, and ostrich are also used before adding spices. It is the favorite dish of South Africans, and you can easily find it in every restaurant. If you are planning a long road trip, keeping biltong and enjoying your trip is good. 

 

3- Pap & Chakalaka

Pap & Chakalaka

Chakalaka and mielie pap are the essential dishes that you can find on the dinner table of every South African. This simple and easy to make dish contains spicy vegetables, onions, curry, tomato, bell peppers, and baked beans. You are guaranteed to have selected highly delicious food filled with quality spices and various flavors. A porridge made with white corn maize, named Pop, is also served with Chakalaka. If you are in South Africa, do not confirm your tickets before tasting this food.

 

4- Koeksisters

Koeksisters

The list of the best African foods cannot be completed until and unless this dessert is added to the list. Koeksisters is a traditional confectionery that is created with fried dough dipped in honey or syrup. It is known as the best treatment to be served at tea time. It is better to please your sweet nature with Koeksisters if you have a sweet tooth.

 

5- Rooibos Tea

Rooibos Tea

Rooibos Tea is a type of beverage that is obtained from the leaves of South African plants. It is famous for brewing tea. It is a traditional beverage that has been enjoyed for many generations. Try this beverage in cold or hot form during your stay in South Africa. Definitely, you will miss the tasty tea. Many people bring home the leaves of the Rooibos tea plant and love to remember happy moments while taking the beverage, either in cold or hot form. 

 
 

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REASONS TO USE SPINACH REGULARLY

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September 26, 2022 0 comment
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