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Expressing "serious concern" over <keyword id="19902052" type="General" weightage="20" keywordseo="pendency" source="keywords">pendency</keyword> of a large number of <keyword id="22472776" type="General" weightage="100" keywordseo="cheque-bounce-cases" source="keywords">cheque bounce cases</keyword>, the <keyword id="19895345" type="General" weightage="20" keywordseo="Supreme-Court" source="keywords" meta.keywordsubtype="org" meta.entityname="Supreme Court" meta.hostid="261" meta.entityid="Supreme Court">Supreme Court</keyword> has said courts should encourage <keyword id="20151747" type="General" weightage="20" keywordseo="compounding" source="keywords">compounding</keyword> of offences under the <keyword id="20905075" type="General" weightage="20" keywordseo="Negotiable-Instruments-Act" source="keywords">Negotiable Instruments Act</keyword> if parties are willing to reach a compromise. A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah set aside the conviction of a man named P Kumarasamy in a cheque bounce case, after noting that the parties have entered into a <keyword id="21163406" type="General" weightage="20" keywordseo="settlement-agreement" source="keywords">settlement agreement</keyword> and Rs 5.25 lakh has been paid to the complainant. "A large number of cases involving dishonour of cheques are pending before courts which is a serious concern for our judicial system. Keeping in mind that the 'compensatory aspect' of remedy shall have priority over the 'punitive aspect', courts should encourage compounding of offences under the NI Act if parties are willing to do so," the bench said in its July 11 order. The Negotiable Instruments Act governs all negotiable instruments like promissory notes, bills of exchange, and cheques. Compoundable offences are those where a compromise can be reached by the rival parties. The bench said it has to be remembered that dishonour of cheques is a <keyword id="22472777" type="General" weightage="20" keywordseo="regulatory-offence" source="keywords">regulatory offence</keyword> which was made an offence only in view of public interest so that the reliability of these instruments can be ensured. "Considering the totality of the circumstances and compromise between the parties, we allow this appeal and acquit the appellants by setting aside the impugned order dated April 1, 2019 as well the trial court's order dated October 16, 2012. Appellant no.2 (P Kumarasamy), who was exempted from surrendering by this Court, need not surrender and his sureties are hereby discharged," the bench ordered. The bench noted that in 2006, P Kumarasamy alias Ganesh had borrowed Rs 5,25,000 from respondent A Subramaniam but did not repay the loan. To discharge the debt, the bench said, Kumarasamy gave a cheque for Rs 5.25 lakh in the name of his partnership firm M/s New Win Export. "Since the cheque was dishonoured due to insufficient funds, respondent filed a complaint under Section 138 NI Act against the appellants where the trial court vide order dated October 16, 2012 convicted the appellants and imposed a sentence of one year of simple imprisonment each," it said. It noted Kumarasamy challenged the conviction before the appellate court, which reversed the findings of the trial court and acquitted him and the firm. "Finally, when the matter was taken to the high court at the instance of the respondent/complainant, the high court in its order dated April 1, 2019 set aside the order of the appellate court and restored the order of the trial court, convicting the appellants," the bench noted. It noted the firm and Kumarsamy challenged the high court order before the apex court. The bench added that Section 147 of the Negotiable Instruments Act, 1881 makes all offences under it compoundable. "In our opinion, this settlement agreement can be treated to be compounding of the offence. All the same, Section 320 (5) of CrPC provides that if compounding has to be done after conviction, then it can only be done with the leave of the court where appeal against such conviction is pending," it said. The bench said in cases where the accused relies upon some document for compounding the offence at the appellate stage, courts shall try to check the veracity of such documents. "For the same, in the present matter, this court vide order dated March 18, 2024 had asked the respondent-complainant to file an affidavit to bring on record whether or not any compromise has been reached between the parties," it said. The bench said an affidavit was filed by the complainant in compliance with the order where it was said that the accused have paid the amount to the satisfaction of the complainant, and that he has no objection if conviction of the appellants is set aside. "Now, when the accused and complainant have reached a settlement permissible by law and this court has also satisfied itself regarding the genuineness of the settlement, we think that the conviction of the appellants would not serve any purpose and thus, it is required to be set aside," it said.

Pendency of large number of cheque bounce cases a serious concern: SC

New Delhi, Feb 12 () The CBDT will hold a nationwide review of cases pending at the ITAT and high courts level on Wednesday as part of a proposed scheme announced in the budget to settle disputed tax cases between the I-T Department and taxpayer, officials said.Meanwhile, the Union Cabinet also approved changes in the 'Direct Tax Vivad se Vishwas Bill, 2020' on Wednesday with a view to increase its scope to cover litigations pending in various debt recovery tribunals (DRTs).The officials said a video conference-based interaction will be undertaken by the CBDT member in-charge with all regional chiefs of the department in the country.The agenda, they said, is to review data on pendency of high courts and Income Tax Appellate Tribunals (ITATs) appeals for the 'Vivad se Vishwas' (from dispute to trust) scheme. Finance Minister Nirmala Sitharaman had proposed this direct tax dispute resolution scheme, which provides opportunity to taxpayers to pay outstanding taxes and get waiver of interest and penalty, in her Union Budget speech on February 1.The scheme aims to settle and see a finalisation of 4.83 lakh direct tax cases, with revenue worth Rs 9.32 lakh crore locked up in them, pending at various appellate forums such as the Commissioner (Appeals), ITAT, high courts and the Supreme Court.Under the proposed scheme, taxpayers willing to settle disputes shall be allowed a complete waiver of interest and penalty if they pay the entire amount of tax in dispute by March 31 this year, following which a 10 per cent additional disputed tax shall have to be paid over and above the tax liability.Further, where the tax arrears relate to disputed interest or penalty only, then 25 per cent of disputed penalty or interest shall have to be paid only, if the payment is made by March 31 beyond which the same shall be enhanced to 30 per cent.The scheme would remain open till June 30 this year. NES KJ

'Vivad se Vishwas' scheme: CBDT to review pendency of appeals

New Delhi, Mar 6 () Women will get family pension even in pendency of divorce, Union Minister Jitendra Singh said on Friday.The minister of state for personnel also said new vistas are opening up for women under the Narendra Modi government which give special preference to them and is sensitive towards their issues. "He (Singh) pointed out that an order in the pensions department was modified recently for divorced daughters and now, even if the divorce matter is pending, women will be entitled for family pension," a statement issued by the personnel ministry said. India has come a full circle in women empowerment as they are now seeking opportunities and excelling in administrative jobs as well as in defence, space and the forces, which were earlier considered "taboos", Singh said."Earlier, women used to opt for teaching and social welfare jobs only," he said while addressing a workshop here to mark International Women's Day, which will be observed on Sunday.The event was organised by the Department of Personnel and Training (DoPT). Singh said, after a long gap, "we have first generation women professionals in India and similarly, in the field of entrepreneurship, they are scaling new heights". This is not only a huge departure from the past, but also a great tribute to women empowerment, he said.Expressing happiness over the presence of a huge number of women officers in the Ministry of Personnel, Public Grievances and Pensions, Singh said a huge galaxy of women talent is not only part of the administrative department for creating reforms, but in creating reforms pertaining to women. The minister also gave away awards to the best performers of the competitive events held on the occasion. AKV AKV ANBANB

Women to get family pension even in pendency of divorce: Union Minister Jitendra Singh

<keyword id="3209160" type="ORGANIZATION" weightage="20" keywordseo="DIPP-secretary-amitabh-kant">DIPP Secretary Amitabh Kant</keyword> says India will reduce its massive backlog of patent patency in coming 18 months and will bring down to US, Japan levels. 
 Addressing a jam-packed audience at <keyword id="3003094" type="UNKNOWN" weightage="20" keywordseo="Startup-India">Startup India</keyword> event at Vigyan Bhawan in New Delhi, Kant said <keyword id="388837" type="UNKNOWN" weightage="20" keywordseo="intellectual-property">Intellectual Property</keyword> Rights applications will be processed as around 1,000 patent examiners have been hired and the work has also been outsourced to IITs. 
 
"In 18 months time we will bring our patent pendency to exactly the same level as in the US and Japan. And in about a year's time we will bring the trade mark pendency down to zero level," said Kant. 
 
About 2.46 lakh patent applications and 5.32 lakh trademark registrations were pending (as on November 1, 2015) due to shortage of manpower. On the other hand, the pendency level is quite low in developed countries like the US and Japan. 
 
When asked what will be done to ensure that Startups are not limited to cities like Bengaluru and Gurgaon, HRD Secretary V S Oberoi said his ministry will provide the backup, handholding and other helps to young entrepreneurs. 
 
"Our effort is to spread this across India...In the next few months I would see a strong element of support that incidentally is not metro or big city oriented. It is really out there (other parts of the country) we hope to concentrate," he added.

#Startup India: Amitabh Kant says patent pendency in India will be reduced to US, Japan levels

<ul class="summary-list"><li>Justice Juan Merchan rejected Trump's 3rd request that he step down from the hush money case.</li><li>That leaves one remaining defense hurdle to Trump's September 18 hush-money sentencing.</li></ul>Three was not the charm for Donald Trump, whose <a target="_blank" class="" href="https://www.businessinsider.com/trump-judge-juan-merchan-manhattan-mental-health-court-wednesday-2024-5">hush-money judge</a> on Wednesday declined — for the third time — the former president's demand that he recuse himself from the case.In <a target="_blank" class="" href="https://www.documentcloud.org/documents/25041967-ny-v-trump-3rd-recusal-denied-20240814">a three-page decision</a>, New York Supreme Court Justice Juan Merchan said he rejects Trump's "repetition of stale and unsubstantiated claims" and will not step down from the case."Defendant has provided nothing new for this court to consider," the judge wrote.The decision leaves one remaining hurdle to Trump's September 18 sentencing on <a target="_blank" class="" href="https://www.businessinsider.com/trump-hush-money-trial-verdict-2024-5">34 felony counts of falsifying business records</a>.Merchan has yet to decide if the hush-money case should be retried or tossed in its entirety due to the <a target="_blank" class="" href="https://www.businessinsider.com/trump-now-says-scotus-immunity-voids-entire-hush-money-indictment-2024-7">US Supreme Court's July 1 opinion</a> that former presidents cannot be prosecuted for official acts and that such acts cannot be used as evidence against them.The judge has said he will decide Trump's immunity challenge in a written decision on September 16, just two days before the sentencing.Manhattan prosecutors contend the SCOTUS decision has no bearing on the hush-money case because the charges depended entirely on personal conduct, not official acts.A Manhattan jury found that during Trump's first year in office, he conspired with other Trump Organization executives to falsify a series of checks and invoices in order to hide a 2016 hush-money payment to adult film actor Stormy Daniels. The money ensured Daniels' silence just 11 days before Trump was elected president.Trump faces anywhere <a target="_blank" class="" href="https://www.businessinsider.com/trump-risks-zero-to-4-years-jail-ny-hush-money-2023-1">from zero to four years prison</a> on the charges, though any incarceratory sentence would almost certainly be stayed pending appeal.Wednesday's decision by Merchan displayed his apparent impatience over rejecting for the third time Trump's claims that he needed to step down because his daughter is a political consultant whose Chicago-based firm has handled the accounts of Kamala Harris and other top Democrats."As has been the standard throughout the pendency of this case, this court will continue to base its rulings on the evidence and the law, without fear or favor, casting aside undue influence," Merchan wrote."Counsel has merely repeated arguments that have already been denied by this and higher courts. Defense Counsel's reliance, and apparent citation to his own prior affirmation, rife with inaccuracies and unsubstantiated claims, is unavailing. As such, Defendant's motion is again denied."

Trump's September 18 hush-money sentencing has only one remaining hurdle

<ul class="summary-list"><li>Six inmates at a New York prison will get the chance to view the upcoming solar eclipse after they sued. </li><li>The inmates argued their religious rights would be violated if denied the chance to witness the event.</li></ul>Six men incarcerated at a New York prison will be able to observe the <a target="_blank" href="https://www.businessinsider.com/solar-eclipse-map-nasa-where-when-see-path-of-totality-2024-3">rare solar eclipse that will cross the United States</a> next week after they sued the state.The state Department of Corrections and Community Supervision said that it has now agreed to let the inmates at the Woodbourne Correctional Facility in Sullivan County observe the phenomenon on Monday when the moon will block the sun and darken the skies.The religiously diverse group of inmates argued in a federal lawsuit filed last week that the upcoming eclipse holds religious significance to them and they would "be denied their statutory and constitutional rights to practice their religions" if they were not able to view the celestial event.The plaintiffs include an atheist, a Baptist, a Seventh-Day Adventist, and followers of Islam and Santeria, according to the court documents."We are pleased that, in response to our lawsuit alleging religious discrimination, New York State has entered into a binding settlement agreement that will allow our six clients to view the solar eclipse in accordance with their sincerely held religious beliefs," the plaintiffs' attorneys Chris McArdle, Sharon Steinerman, and Madeline Byrd of the law firm Alston &amp; Bird told Business Insider in a statement.The incarcerated men argued in their lawsuit that the corrections department's decision to lock down its prisons statewide on Monday illegally prohibited them from observing the solar eclipse."The April 8, 2024 solar eclipse is similarly expected to be a time for Christians, Santerians, Muslims, and Atheists — to name a few examples — to gather as the world goes dark for a few minutes in the middle of the day," said the lawsuit, which noted that the next total solar eclipse isn't expected to be visible in the US until 2044.Thomas Mailey, a spokesman for the Department of Corrections and Community Supervision, told BI on Friday that the lawsuit "came to an appropriate resolution.""In advance of the lawsuit being filed, the Department had begun performing the requisite analysis regarding religious accommodations received to view the eclipse, including an analysis on requests that were received from the six named individuals. We continued our analysis and review during the pendency of the lawsuit," Mailey said in a statement.He added, "The Department has agreed to permit the six individuals to view the eclipse, while plaintiffs'' Counsel's firm has agreed to dismiss the lawsuit with prejudice as to the six named individuals, among other things."Twenty-three state prisons will be in the path of totality during the eclipse and will experience total darkness for roughly up to three minutes when the moon blocks the sun on Monday, according to the corrections department. Though Woodbourne Correctional Facility is not included on that list, an interactive map by NASA shows that the prison will be impacted, at least partially, by the solar eclipse.

Incarcerated New Yorkers will get to observe the solar eclipse after a legal settlement 

New Delhi, Industry body IAMAI on Friday "advised" <keyword id="19902762" type="General" weightage="20" keywordseo="google" source="keywords">Google</keyword> not to delist any apps from Google <keyword id="20163860" type="General" weightage="20" keywordseo="play" source="keywords">Play</keyword>, after the tech titan sent out a clear warning that it will remove apps not complying with Play store billing policies. Internet and Mobile Association of India (IAMAI) confirmed that at least four of its members have received notices from Google. In a statement, IAMAI advised Google not to delist any apps from Google Play. "The affected members of IAMAI are of the view that a substantive hearing of the case is pending before the <keyword id="19900742" type="General" weightage="20" keywordseo="supreme-court-of-india" source="keywords">Supreme Court of India</keyword>, and Google should not take any coercive action during the pendency of the case," IAMAI said. Google on Friday said a clutch of companies, including well-established ones, continue to flout its billing norms, choosing not to pay Play store service fee applicable on sale of in-app digital goods, and warned that it will not hesitate to take necessary action to enforce policies, including removal of such non-compliant apps from Google Play. Amid a warcry over Google Play billing policy by some prominent Indian startups and the recent launch of <keyword id="20522402" type="General" weightage="20" keywordseo="indus-appstore" source="keywords">Indus Appstore</keyword>, the Made-in-India app market challenger, Google in a blogpost asserted that allowing a small group of developers to get differential treatment from the vast majority of developers who are paying their fair share creates an uneven playing field putting all other apps and games at a competitive disadvantage. "After giving these developers more than three years to prepare, including three weeks after the <keyword id="19895345" type="General" weightage="20" keywordseo="supreme-court" source="keywords">Supreme Court</keyword>'s order, we are taking necessary steps to ensure our policies are applied consistently across the ecosystem, as we do for any form of policy violation globally," Google said in its blogpost. It went on to say that enforcement of the policy, when necessary, can include removal of non-compliant apps from Google Play. Google, however, added that existing users will be able to continue to access the apps without interruption and that it continues "to offer our support to help developers get into compliance". Developers, Google said, are welcome to resubmit their apps to be listed on Play by opting for one of the three billing options as part of its payment policy. "Today, we have over 2,00,000 Indian developers using Google Play who adhere to our policies, helping us ensure we have a safe platform; however, for an extended period of time, 10 companies, including many well-established ones, have chosen to not pay for the immense value they receive on Google Play by securing interim protections from the court," Google had said.

IAMAI asks Google not to delist apps from Play store, says 4 members got notices

<ul class="summary-list"><li>E. Jean Carroll's lawyers demanded Trump pay the $83.3 million defamation verdict against him.</li><li>Trump asked the judge if he could appeal without ponying up or posting bond.</li></ul>Lawyers for E. Jean Carroll asked a federal judge Thursday to deny former President Donald Trump's attempt to wriggle his way out of paying the $83.3 million jury verdict against him, saying he should be forced to put up the money or obtain a bond as he appeals the case.In January, a jury found Trump owed Carroll $83.3 million for defaming her when he called her a liar after she accused him of sexual abuse. Earlier this month, Trump's lawyers asked for an "unsecured stay," which would allow them to continue to litigate the case in post-trial motions and appellate courts without giving Carroll any money.Carroll's lawyers called the request "the court filing equivalent of a paper napkin" and said they couldn't take Trump at his word that he would eventually pay Carroll. Trump is also struggling to pay a separate $454 million judgment in the New York attorney general's civil fraud case against his company, which he is also appealing."He doesn't even acknowledge the risks that now accompany his financial situation, from a half billion-dollar judgment obtained by the New York Attorney General to the 91 felony charges that might end his career as a businessman permanently," Carroll's lawyer Roberta Kaplan wrote in Thursday's filing. "He simply asks the Court to 'trust me' and offers, in a case with an $83.3 million judgment against him, the court filing equivalent of a paper napkin; signed by the least trustworthy of borrowers."A separate jury, in May 2023, found Trump liable for sexually abusing and defaming Carroll and awarded her $5 million in damages. After that case, Trump put the funds in a court-controlled account while he appealed the case. If he loses his appeals, the money would go to Carroll.Trump could also obtain a bond, which essentially means he could offer up assets as collateral to secure a promise from a third-party company to pay the judgment.This time, appearing to face a cash crunch as he runs in the 2024 presidential election, Trump wants to keep appealing while he holds on to his money. This week, his lawyers asked a New York state appeals court to accept a $100 million bond in his civil fraud case — a request the appellate judge denied.<div type="image" title="donald trump new york civil fraud trial court" height="1666" width="2500" msid="108117901" hostid="261" sizebytes="114554"></div>Kaplan wrote Thursday that there was no legal basis to allow Trump not to pay the judgment or post a bond."In support of his position, he fails to cite a single controlling (or even persuasive) case," Kaplan wrote. "Instead, he gestures to a handful of scattered out-of-circuit district court cases, most of which were decided, as teenagers say today, in the 'last century.'"Carroll, who is 80 years old, <a target="_blank" href="https://www.businessinsider.com/e-jean-carroll-defamation-donate-millions-something-donald-trump-hates-2024-1">says she wants to spend the money</a> on "something Trump hates."Kaplan wrote that Trump should be required to offer a full accounting of his funds, given that his company's civil fraud trial demonstrated he frequently lies about his finances."He offers no proof of what assets he possesses, what they are worth, where they are located, whether they are liquid or illiquid, whether they are unencumbered by debt, or whether they could be used to satisfy the judgment," Kaplan wrote. "He offers no evidence of other debts he might currently owe or may come to owe in the months ahead."Given Trump's future legal threats — including a criminal trial in New York next month — he can't be taken at his word that he'll pay the money, Kaplan argued.Trump's lawyers have not yet responded to the motion filed Thursday."He provides no demonstration that any of these assets are readily collectible and will remain readily collectible throughout the pendency of an appeal," Kaplan wrote. "And he says nothing about how developments in his life, including active criminal proceedings and his election campaign (among others), may affect these matters."

E. Jean Carroll's lawyers demand Trump ponies up $83.3 million verdict and say he needs to prove he has the money

<keyword id="48085" type="General" weightage="20" keywordseo="credit-suisse" source="Orion">Credit Suisse</keyword> <keyword id="6358587" type="General" weightage="20" keywordseo="ag" source="Orion">AG</keyword> has written to the <keyword id="57372" type="General" weightage="20" keywordseo="administrator" source="Orion">administrator</keyword> of <keyword id="6360090" type="General" weightage="20" keywordseo="reliance-capital" source="Orion">Reliance Capital</keyword>, Nageswara Rao Y not to proceed with discussion on the resolution plan till the pendency of their claim is heard by NCLT. Credit Suisse AG, Mumbai branch is an onshore security trustee acting on behalf of the lenders Credit Suisse AG, Singapore branch, Federal Bank and Far Eastern International Bank. In a letter through its advocates, Juris Corp said that Credit Suisse has filed a claim as the financial creditor of the corporate debtor. The claim of Rs 659 crore was rejected by the administrator which has been challenged in NCLT which is currently hearing the case. Citing reports, Juris Corp said that a second round of auction was conducted and <keyword id="1424679" type="General" weightage="20" keywordseo="iihl" source="Orion">IIHL</keyword> has emerged as the sole bidder in the auction. Juris Corp said in the letter to the administrator that no discussions on the resolution plan or its finalisation be proceeded with till the adjudication of the client's claim. Pending the adjudication of the claim, the approval of the resolution plan will be bad in law leading to the travesty of justice but also being against the intent and objective of the IB code. Juris Corp said that it is important that the resolution be decided after the decision of the claim rejection. SEE ALSO: <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/tech/mobile/news/nothing-phone-2-confirmed-to-launch-soon-with-snapdragon-8-gen-1-may-come-with-an-alert-slider/articleshow/99978052.cms">Nothing phone (2) confirmed to launch soon with Snapdragon 8+ Gen 1, may come with an alert slider</a> <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/finance/news/rupee-rises-15-paise-to-81-65-against-us-dollar-in-early-trade/articleshow/99979426.cms">Rupee rises 15 paise to 81.65 against US dollar in early trade</a>

Credit Suisse asks Reliance Capital administrator not to proceed with resolution till adjudication of claim

The <keyword id="6354977" type="General" weightage="50" keywordseo="supreme-court" source="Orion">Supreme Court</keyword> on Thursday issued a slew of directions for speedy disposal of criminal cases against Members of Parliament and Members of Legislative Assembly (MPs/MLAs) and asked High Courts to register a Suo Motu case for effective monitoring and speedy disposal of such cases. A bench of Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra said it was difficult for it to form a uniform guideline for trial courts across the country relating to speedy disposal of <keyword id="16453350" type="General" weightage="40" keywordseo="cases-against-mps" source="Orion">cases against MPs</keyword> and MLAs. The top court left it to the high courts to evolve such measures for effective monitoring of such cases. The bench directed that High Court Chief Justices shall register a suo motu case titled "In Re Designated Courts for MPs and MLAs" to monitor the early disposal of pending criminal cases against lawmakers. It directed that the suo motu case be heard by a special bench headed by the Chief Justice or a bench assigned by him or her. It was further directed that the Special Bench of the High Court may list the matter at regular intervals as felt necessary. The top court said the High Court may issue such orders and directions as necessary for expeditious and effective disposal of the cases. The bench further ordered that the Special Bench of the High Court may consider taking the assistance of the Advocate General or prosecutor to assist it. The apex court also directed that cases against MPs and MLAs that are punishable by death should be prioritised over other cases. Then cases punishable with imprisonment for five years or more will be given priority. It further said that the cases would not be adjourned by the trial court except for rare and compelling reasons. The top court said that the High Court may require a Principal District and Sessions judge to bear the responsibility of allocating the subject cases to such courts. The High Court may call upon the Principal District and Sessions judge to send reports on such intervals, it added. The concerned principal and session judge should ensure sufficient infrastructural facilities are available for the trial of such cases, as directed by the top court. The directions of the top court came on a PIL filed by advocate Ashwini Upadhyay seeking speedy disposal of criminal cases pending against MPs and MLAs. Earlier, the Enforcement Directorate (ED) filed a status report stating that there are 51 MPs and 71 MLAs, sitting and former, who stand accused by the agency of offence under the Prevention of Money Laundering Act (PMLA). The report did not specify exactly how many of those are sitting MPs or MLAs and how many are former MPs or MLAs. The Central Bureau of Investigation (CBI) had also submitted a similar report stating that a total of 121 cases are pending trial against sitting and former MPs and MLAs. The number of MPs involved in those cases is 51, out of which 14 are sitting, 37 are former and 5 are deceased. The report further stated that 112 MLAs are involved in CBI cases, out of which 34 are sitting, 78 are former and 9 are deceased. The number of cases pending investigation against MPs and MLAs by the CBI is 37, according to the report the CBI submitted. Senior advocate Vijay Hansari, who was assisting the apex court in the case as amicus curiae, had highlighted a "glaring case of inordinate delay" in the trial of cases against lawmakers, submitting that many cases were pending for over five years. The apex court had sought a status report from Hansaria relating to the pendency and grant of sanctions for prosecution, the expected time for completion of the investigation and reasons for delay in the same. Hansaria had sought directions to ensure that courts dealing with cases against lawmakers should exclusively try such issues. The plea sought speedy disposal of cases against them and pointed out that while judges and babus were suspended for such activities, politicians were condoned by the law. As of now, convicted politicians have been banned from the polls for six years.

SC issues directions to HCs for speedy disposal of criminal cases against MPs, MLAs

New Delhi, Banking issues like reluctance to process <keyword id="6358355" type="General" weightage="20" keywordseo="forex" source="Orion">forex</keyword> received through alternate channels and high processing fees are hindering the growth of <keyword id="7848945" type="General" weightage="20" keywordseo="e-commerce-exports" source="Orion">e-commerce exports</keyword> from India, and there is a need to bring mindset change to unlock the sector's potential, a report by think tank GTRI said on Monday. Unlocking India's e-commerce export potential to USD 350 billion by 2030 requires addressing banking issues that hinder growth and increase operational costs, the Global Trade Research Initiative (GTRI) said. "To initiate change, both the RBI and banks must shift their mindset towards treating small-value exports differently from larger ones. This shift is essential to prevent misuse while streamlining processes. Without this fundamental change, any reforms attempted by the RBI and banks will fall short," it said. Small e-commerce businesses often face challenges because banks are not equipped to handle low-value transactions efficiently, it added. The key issues include reluctance to process forex through alternate channels, high processing fees, incorrect purpose code allocation, and limitations in the RBI's EDPMS (Export Data Processing and Monitoring System). The Reserve Bank of India tracks export payments and reconciliation through its Export Data Processing and Monitoring System. "Banks are happy to process forex received through bank transfers but reluctant to process forex received through foreign currency cheques, payment gateways like PayPal, credit cards, <keyword id="151105" type="General" weightage="20" keywordseo="western-union" source="Orion">Western Union</keyword>, cash receipt when a buyer selects item live in the retail shop," it said. Banks delay crediting forex received in a firm's account when payments are received through such channels, and this affects cash flow and hampers business operations, the report noted. Banks charge money multiple times at different stages for the same small-value shipment, it added. Elaborating this, it said that essential charges include charges for submitting shipping bills (Rs 80 to Rs 2,000) at the time of forex realisation (1-to-2.5 per cent of value), intermediary bank charges during forex transfers (USD 10 to USD 55 per transaction), penalties for bills pending at EDPMS (Rs 100 per shipping bill per month). "Most charges are fixed for a transaction irrespective of value. Bank charges can exceed 50-60 per cent of the shipment value. This makes e-commerce exports commercially unviable," it said, adding banks allocate purpose codes for each remittance but frequently issue incorrect codes. For example, purpose code P0103, meant for advance payments, is often assigned even when exports have already occurred and the firm has submitted proof. Incorrect allocation of purpose codes by banks leads to reconciliation problems, EDPMS pendency issues, and issuance of notices and fines on exporters. The RBI issues notices to exporters for EDPMS defaults but does not give them direct access to view their records, as per the report. "Exporters must rely on banks/DGFT for critical data, leading to unnecessary delays and complications," GTRI co-founder <keyword id="504704" type="General" weightage="50" keywordseo="ajay-srivastava" source="Orion">Ajay Srivastava</keyword> said. The report suggested eight action points, such as the creation of a single window platform for e-commerce and small-value shipments, standardise bank charges, defining a time limit for banks to complete all small export-related requests by the RBI, and exempting shipment value up to USD 1,000 per shipment from monitoring till the single window is implemented. It also pitched for an extension of the timeline for EDPMS closure from the current nine months to 24 months and redesign the courier shipping bill to reflect correct payment terms. On the single window, Srivastava called for integrating the RBI, banks, Customs, DGFT, India Post, courier companies and exporters. "This platform should cover all realisation methods other than bank transfers. The exporter should be able to conduct all transactions online. SW will automate the EDPMS reconciliation process," he added. He said that high processing fees and multiple charges at different stages of exporting hurt small businesses the most, and the banks should charge a one-time fee for each shipment instead of further charges at various stages. "The government could subsidise these fees to ease the financial burden on small exporters," the report said, adding there is a need to raise the export realisation variation limit from 25 per cent to 100 per cent.

Banking issues hinder growth of exports through e-commerce: GTRI report

<ul class="summary-list"><li>Trump and one of his aides want to delay the classified documents trial until after the 2024 election.</li><li>Their defense argues that the former president and Walt Nauta could not get a fair trial before then.</li></ul>Former President Donald Trump wants to delay the trial for his alleged mishandling of classified documents until after the 2024 election, arguing that special counsel Jack Smith's proposed timeline would make it difficult for him to get a fair trial.Lawyers for Trump and his aide Walt Nauta filed a motion late Monday night that argues that Smith's suggested trial date is unfair due to the election, <a href="https://www.businessinsider.com/donald-trump-key-cases-civil-criminal-investigations-lawsuits-updates-2022-7">the number of other trials Trump is facing</a>, and the necessity to have proper time to review government evidence that includes the classified documents themselves. The pair's lawyers also virtually repeat Trump's longheld view that the entire investigation is nothing more than a plot to derail his reelection campaign."This extraordinary case presents a serious challenge to both the fact and perception of our American democracy," the attorneys wrote. "The Court now presides over a prosecution advanced by the administration of a sitting President against his chief political rival, himself a leading candidate for the Presidency of the United States."Holding a trial before the election would undoubtably affect the election itself, they argue. The defense gives no alternative date, but their opposition to any trial before the 2024 election is resoundingly clear."{[...] There is simply no question any trial of this action during the pendency of a Presidential election will impact both the outcome of that election and, importantly, the ability of the Defendants to obtain a fair trial," the attorneys wrote.<a href="https://www.politico.com/news/2023/07/11/trump-classified-documents-trial-date-2024-00105565">As Politico reported,</a> delaying the trial beyond the election could allow Trump powers to thwart the case if he were to return to the White House. This could potentially trigger a scenario where Trump would test the ability of a president to pardon themselves.Smith and his team have argued that a speedy trial is the best way to handle the case. His goal was to start the trial in mid-December, just weeks away from the Iowa Republican caucuses and the start of the 2024 GOP primary. Judge Aileen Cannon, a Trump appointee who has ruled favorably for the former president in the past, will now have to reach a decision on when the trial should occur.Among the other arguments Trump's side made was that his sheer amount of other legal headaches makes it difficult to prepare for a trial in five months, <a href="https://www.businessinsider.com/donald-trump-key-cases-civil-criminal-investigations-lawsuits-updates-2022-7">a point that underlines the incredible amount of legal scrunity he is under.</a>"For example, President Trump and Mr. Blanche are preparing for a March 2024 criminal trial in New York Supreme Court; Mr. Kise and President Trump are preparing for a lengthy civil trial in New York Supreme Court commencing October 2, 2023," the lawyers wrote, citing two of Trump's attorneys, Todd Blanche and Christopher Kise.Trump is facing criminal charges in New York related to hush money payments to adult film star Storm Daniels before the 2016 presidential election. New York Attorney General Lettia James has also brought civil charges against Trump, his company, and his family for allegedly falsely inflation his net worth and undereporting the value of assets for years, improperly lowering the Trump Organization's tax bill and give it more generous loan terms than deserved. The October date is for the James-related case.

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