The Case for a New Avenger

S.H.I.E.L.D. might have missed assembling team members from India, but it is never too late to correct an oversight. Imagine our larger-than-life superhero, Rajinikanth, partnering with other Avengers in a combined mission to save the planet from dangerous predators with bad intentions. Some aliens, some familiar ones! Yes, India is far from America, and the distance seems to have increased during the pandemic, but Rajinikanth could give some worthy company to Iron Man and perhaps teach him a trick or two, too, through holographic interfaces and augmented reality. Who knows, he could also kill all the mutants of Coronaviruses in this quest!

I wish to present some facts now to give you a background of my strategic human resource and leadership plan for S.H.I.E.L.D. India has one of the largest numbers of gig workers in the world. As per a March 2021 report by consulting firm Boston Consulting Group (BCG) and Michael & Susan Dell Foundation, the gig economy in India is expected to soar to 90 million in approximately a decade from now. Choose any vocation here and you will be spoilt for choices. Almost everyone is an expert on politics, economics, socio-cultural issues, fashion, sports, career, marriage, children, nature, animals, traffic, the dos, and don’ts … the list is endless. People can even advice others on how they should lead their lives. It’s affection, silly!

War for talent? Clearly, recruiters have not been able to explore the depth of this vast pool. To reiterate, India is a land bubbling with high potentials. Now let us go back to the topic of superpowers. There is plan B too. Rajinikanth could have a serious competition in a plain-looking community here. S.H.I.E.L.D. could consider appointing some members from this fraternity too.

You are rolling your eyes? Why? Hear me out. Presenting to you the case of beholders of the mighty pen (over a sword or a gun), and the upholders of fine speech. Their words hit no less than the missiles unleashed by Israel over the Gaza strip. Let me walk you through the innate gifts of a less publicized community with an immensely amoeba-like (plasma membrane) flexibility.

The teachers.

The extremely sturdy ones can stand the whole day, operate (teach) without a table and a chair, or, the basic infrastructure, and sometimes work even at low or no salaries for months. The strengths, struggles and coping mechanism of the privileged ones out of this lot are embedded in different realms. More on that, later! You will be astonished to learn how many hats teachers can don at the same time. They juggle between being a mentor, coach, counsellor, Devil’s advocate, friend, philosopher, or guide. Interestingly, even their DNA personifies versatility. Over the years, the mutations in their genetic material have helped them learn how to make milestones of the stones thrown at them by students unhappy with their marks, and parents unhappy with the teachers for giving those marks! Talk about heightened senses, their eyes can easily observe and sense the intention behind each greeting, smile and calls to the office. They are like Sharma ji ka beta/beti’, always expected to excel at everything and set an ideal example for the others to emulate.

Here, I would take a detour and ask you to recall the violinists who continued to play music for as long as they were alive, just to calm the passengers on the sinking Titanic ship. On similar lines, teachers continued to teach while the pandemic unleashed havoc around the world. The unlearning of years of classroom teaching was replaced by the immediate need to adopt new technological tools and re-learn the art of virtual teaching. The new and changed landscape was no less than the one post Thanos snapping his finger.

Aren’t convinced yet? Go to the polling booths and follow the polio immunization drives, you will know what I mean.

Now the final hook. Except for some teachers working with elite institutions, the rest won’t even charge much for their services. You can simply smile, appreciate their work, show some respect, and boy, see how they melt! Just watch how it lights up their faces. They are so motivated, especially on September 5 every year in India, that even Abraham Maslow bows to them from time to time from his grave. Had told you about their genetic sequencing earlier, remember? I do hope I have presented their (our) case well, S.H.I.E.L.D. Hopefully, you will have a relook at your current team now.

On a sidenote, can I be a contender too? Just saying. I can take it up as a gig assignment during the semester breaks. Imagine the newest Avenger on the block and that too a female from India! It will further boost the diversity and inclusion factors for you. If you can give equitable salary and perks, you could even find yourself on the pages of Harvard cases.

You might want to provide supplements of Vitamin T(eacher) to your team if Rajinikanth’s diary of appointments is full. Professor Hulk would not mind some more erudite company. In return, I vow to start quoting your example in my classes as a great employer brand with an excellent employee value proposition. Who knows, I might even write a research article. Told you, pen and words are the weapons here. Think about it. What say? Are you game?

P.S. I have recently bought a telescope to keep an eye on the stars and planets too. Taking my possible future role tad too seriously, eh?

What Is the Best Time to Post a Blog and How to Test it?

Are you wondering when should you publish blog posts? Do you want to hit that sweet spot where you get the most traffic, social shares, and comments?

If you’ve just written a great blog post and want it to go viral, then publishing time can play an important role.

In this article, we’ll show you what is the best time to post a blog by going through key facts. We’ll also show you how you can test the best time to take your blogs live.

Let’s kick things off with a look at…

Best Time of Day to Post a Blog for More Pageviews

As you start blogging, you’ll have many questions like what time of day should you publish a post. Or which days are best for getting the most traffic.

To answers such queries, different studies have been done where agencies and websites have gone through tons of data.

And among them is a study conducted by Shareaholic in 2011 that shows the best time to publish a blog post is early morning between 7 AM to 1 PM EST on weekdays.

The peak is between 9 AM and 10 AM, which shows when you can schedule or publish your posts.

Building upon the same point,

shows that 70% of users read blogs in the morning (during the AM hours).

&It makes sense as people starting their day would be going through emails, planning their week, and reading up on the latest news.

That said, people do read blogs throughout the day, so you can publish posts in the later hours as well. Now let’s see which days you should take your blogs live.

Best Days to Publish a Blog Post for Traffic

Along with time, different studies show that posting blogs on certain days can help generate more traffic. And which days are we talking about?

Shareaholic suggested that the best day to post a blog is Monday if you want more pageviews. Similarly, Kissmetrics also says that Monday is the best to publish a post and generate traffic.

What’s the Best Time to Post a Blog for Social Shares?

When it comes to engaging people on social media, you’d want to push your blog post when your users are active.

And to give you an idea of what’s the best day for getting social shares, consider a study by TrackMaven. They analyzed 65,000+ blogs and suggested that blogs published on a Sunday get

A possible reason for this could be that on the weekend’s people have more time to read through your content and then come up with a reply.

So, if you have a topic that wants user opinion or start a conversation, then this is the best time to post a blog.

But what if these times don’t work for your website? How can you find the best publishing day and hour for your content pieces? Let’s find out.

How to Test the Best Time to Post a Blog?

The researches we’ve shown you in our article provide a benchmark but in reality, there’s no best time to publish blogs.

That’s because these studies use their own samples of websites to provide a generalized conclusion. And most of them are very old, going back to 2011.

A better way to find the best time to post a blog is by doing your own testing. By monitoring which days and time you get most visitors and engagement, you’ll know the optimal time of publishing.

And the best tool to help you out is MonsterInsights. It’s the leading WordPress plugin for Google Analytics and makes decision making easy by providing insights about your site’s performance with detailed reports inside your dashboard.

MonsterInsights makes it super easy to set up custom dimensions on your website and start tracking custom data of your choice in Google Analytics.

With the help of its Custom Dimensions Addon, you can exactly see what’s the best time to post a blog. Not only that, you can set up custom tracking of individual authors, post types, category and more.

You can follow our complete guide to custom dimensions in Google Analytics for configuring tracking of best publishing times.

Difference between Civil law and Criminal law.

All you need to know about Criminal Law: An Insight

What is Criminal Law?

Criminal law relates to the offences that negatively affect society as a whole, rather than just one person. Criminal laws are put in place by Parliament to prevent breaches of conduct which they deem as harmful towards the whole of society. If a person breaches criminal law, then they will face criminal prosecution by the state. Criminal proceedings are brought by the Crown Prosecution Service and will be heard in Magistrates’ Court or the Crown Court. If you are then convicted, you may receive a prison sentence or a community order. The standard of proof for criminal law cases is “beyond a reasonable doubt” or “certain so you can be sure.” These both mean the same thing.

Examples of criminal offences include:

Murder, Manslaughter, Fraud, Assault, Sexual Offences, Burglary, etc.

Civil Law High Res Stock Images | Shutterstock

What is Civil Law?

Civil law is more concerned with cases between individual people where one person commits an offence which is harmful towards another person, their rights or their property. Civil law also settles disputes between individuals and organisations. If you are convicted of a civil offence, you are not likely to be sent to prison, but most often will become liable for compensation. The standard of proof for civil law cases is “the balance of probabilities.” However, certain civil offences such as disciplinary proceedings for solicitor misconduct can use the higher standard of “beyond reasonable doubt.”

Examples of civil offences include:

Personal injury, Breaches of contract, Employment tribunals, Negligence, etc.

Civil LawCriminal Law
Civil Law is a general law which deals with disputes between organizations or individuals or between the two. The wrongdoer, as per the civil law will has to compensate the affected party.Criminal Law deals with crimes and offences that are committed against the society. It deals with crime and legal punishment of offences.
Civil Law is generally initiated by the aggrieved individual or organisation or also known as ‘plaintiff.’The Government files the petition in case of criminal law.
In case of Civil Law, to start a case, the aggrieved party needs to file a case in the Court or TribunalAs per Criminal Law, to start a case, a petition cannot be filed directly in a court, rather the complaint should be first registered with the police, and the crime needs to be investigated by the Police. Thereafter a case can be filed in the court.
The objective of Civil Law is to protect the rights of an individual or organization and make sure that he or the concerned organization receives the compensation for the wrongs that they have suffered. The purpose of Criminal Law is to maintain law and order and protect society by punishing the wrongdoer.
In Civil Law, the wrongdoer gets sued by the complainant or the aggrieved party.In Criminal Law, the accused person will be prosecuted in the court of law.
In the case of Civil Law, there is no punishment like Criminal Law, but the aggrieved party receives the compensation and the dispute gets settled.In the case of Criminal Law, punishment is meted out as per the seriousness of the criminal offence committed or a fine could be imposed.
In the case of Civil Law, the power of the court is to pass judgement or injunction to compensate for damages caused to the aggrieved party.In the case of Criminal Law, the powers of the court are charging a fine, imprisonment to the guilty of a crime, or discharge of the defendant.
In Civil Law cases, the defendant is considered to be either liable or not liable.In Criminal cases, the defendant is considered either guilty or not guilty by the court.

Quashing of F.I.R

The expression, first information report is not defined in the code of criminal procedure 1973, but these words are always understood to mean, information recorded under Section 154(1) of the Code of Criminal Procedure, 1973. It is the information given to the essential officer-in-charge of the police station in the form of compliant or accusation regarding the commission or suspected commission of a cognizable offence. It is given with the object setting the criminal law in motion and police starting the investigation. This report (F.I.R) forms the foundation of the case.

Section 154(1) of the Code of Criminal Procedure, 1973 deals with the information in cognizable offence. According to this section every information relating to the commission of a cognizable offence if  given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction and be read over the informant and every such information, either given in writing or reduced to writing as aforesaid shall be signed by the person given it and the substantive there of shall be entered in a book to be kept by such officer in such form as the state Government may prescribe in this behalf.

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of the code) is wide with no statutory limitation . It preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice and therefore the High Court must have due regard to the nature and gravity of the offences.

 When a FIR is registered the allegation made in the FIR is correct and proved by the investigation done by the Police officials but the crime is not defined as per the law or else the crime does not fit any ingredients of law definition. Now, the FIR can quashed by the High Court. Mostly it depends from cases to cases and facts to facts High court can interpret the law depend upon the facts of the cases.

Cases

  1. Parbatbhai Aahir & Ors. Vs. State of Gujarat & Anr. (Criminal Appeal No. 1723 of 2017)

A full bench comprising of Hon’ble Mr. Chief Justice Dipak Misra, Hon’ble Mr. Justice AM Khanwilkar and Hon’ble Mr. Justice DY Chandrachud has laid down broad principles from various precedents in relation to Section 482 of the Code of Criminal Procedure (CrPC) for quashing of First Information Reports (FIRs) in the judgment passed in an appeal against a decision of the Gujarat High Court.

The Gujarat High Court vide its judgment dated November 25, 2016, had dismissed an application under Section 482 of CrPC filed by the Appellants seeking quashing of FIR registered against them on June 18, 2016 with the City ‘C’ Division Police Station, District Jamnagar, Gujarat for offences punishable under Sections 384, 467, 468, 471, 120-B and 506(2) of the Indian Penal Code.

Before, the High Court, the plea for quashing the FIR was advanced on the ground that the Appellants had amicably settled the dispute with the Complainant, who had also filed an Affidavit to that effect. On behalf of the prosecution, application for quashing was opposed on two grounds:

The Appellants were absconding and warrants had been issued against them under Section 70 of the Code of Criminal Procedure, 1973.

The Appellants had criminal antecedants.

The High Court observed that it had been given “a fair idea” about the modus operandi adopted by the Appellants for grabbing the land, in the course of which they had opened bogus bank accounts. The High Court held that the case involves extortion, forgery and conspiracy and all the Appellants have acted as a team. Hence, in the view of the High Court, it was not in the interest of society at large to accept the settlement and quash the FIR. The High Court held that the charges are of a serious nature and the activities of the appellants render them a potential threat to society. On this ground, the prayer to quash the First Information Report was rejected by the High Court.

The Hon’ble Supreme Court after discussing various precedents on the subject summarized the following broad principles in relation to Section 482 for quashing FIRs.

Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court;

The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.

In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power;

While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised;
to secure the ends of justice or to prevent an abuse of the process of any court;

The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated;

In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences;

As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned;

Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;

In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and

There is yet an exception to the principle set out in propositions (viii) and (ix) above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance.

The Apex Court dismissed the appeal holding that the High Court was justified in declining to entertain the Application for quashing FIR in the exercise of its inherent jurisdiction.

2. Sunder Kumar v. State, WP (Crl) No. 787 of 2020, decided on 06-05-2020

Delhi High Court: C. Hari Shankar, J., addressed a petition with regard to quashing of FIR wherein petitioner was in custody for loitering around without wearing mask and assaulting a police constable, and held that,

charges against the petitioners are unquestionably serious.

Petitioner sought quashing of FIR for offences committed under Sections 188/269/186/353/332/506 read with Section 34 of penal Code, 1860.

Rahul (Petitioner 2) was seen loitering without wearing a mask in violation of Compliance Advisory issued by Centre in the wake of COVID-19 pandemic.

On the complainant intercepting Rahul and querying him in that regard, Rahul retorted that the complainant had no right to stop him from walking in the area without a mask.

Further when the complainant with the help of a constable tried to control Rahul, he caught hold of the collar of the shirt being worn by the complainant and tore the shirt. Rahul also assaulted the constable by kicking him.

Rahul’s brother Petitioner 1 also joined him and started assaulting the complainant. Later both of them were take into custody and FIR was lodged.

Quashing of criminal proceedings by eviscerating them from their very inception, is an extreme step, to be taken with due circumspection.

Progress of the criminal law, once legitimately set in motion, should not be halted by judicial diktat, save in exceptional circumstances and with due cause.

Bench stated that, charges against the petitioners are unquestionably serious.

Breach of the lockdown restrictions, imposed by the Government, which, if permitted unchecked, may result in loss of lives of millions, and cannot be tolerated.

Court also added that the acts of petitioners are inherently inimical to public interest and may have catastrophic consequences and in these cases Courts cannot permit themselves to be carried away by the physical nature of the act as committed, unmindful of the results that would ensue, were such acts to be tolerated.

Conclusion

There are many cases related to Dowry where the women misuses her laws and register false FIR making allegations regarding her in-laws for dowry.  So her in-laws filed a case for quashing of FIR High court can quashed the FIR hearing both the parties. There are also cases where a FIR is registered for committing heinous crimes and then later on both the parties mutually decide to end up the dispute in this the court in his judgement explained that heinous crimes can’t be settled by the parties itself as the court said this kind of offences effect the society as a whole. Hence, the FIR cannot be quashed.