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What are the Punishments for Physical Assault In Public?

Understanding ‘Assault’:
An assault is an ‘act of inflicting physical harm on another person’. Depending on the gravity of the offence and its underlying circumstances, legal recourse to an action in tort, criminal prosecution, as well as civil liability can be adjudged. The United Arab Emirates categorizes ‘assault’ as a violent crime wherein even the threat of an assault can be actionable under the criminal laws. The underlying factors surrounding the offence and the veracity of the damage caused to the other party are taken into consideration.

Different categories of assault and their punishments:
The Federal law no. 3 of 1987 concerning promulgating the penal code and its amendment (UAE Penal Code), categories ‘assault’ into various types, such as:

Assault causing death: A person shall be sentenced to imprisonment for a period not exceeding ten years, whoever assaults the body safety of others, by any means without intention to kill him but the assault resulted in the death of the victim (Article 336). If the intention to cause death is established, the provisions of this article will not apply, and more stringent punishment will be imposed.

Assaulting causing permanent disability: A person shall be sentenced to imprisonment for a period not exceeding seven years, whoever deliberately causes to another a ‘permanent disability’. ‘Permanent disability’ is defined as ‘the type of disability when the injury results in severance or dismemberment of an organ or its partial amputation or the loss or diminution of use thereof, or to permanent total or partial failure of the functioning of any senses’(Article 337). Further, a person shall be sentenced to imprisonment for a term not exceeding five years, whoever assaults by any means the body safety of others and the assault results in unintended permanent disability.

Assault under the influence of alcohol: A person shall be sentenced to imprisonment for a period not exceeding ten years if the offender is under the influence of intoxication or stupefaction and assaults by any means the body safety of others, and the assault results in unintended permanent disability. (Article 338).

Assault resulting in disability: A person shall be sentenced to detention and to fine, whoever assaults by any means the body safety of others and the assault resulted in his illness or disability to attend to his personal business for a period exceeding twenty days. The penalty shall be detention for a term not exceeding one year and to a fine not in excess of ten thousand Dirham, if the assault did not reach the degree of seriousness mentioned in the above paragraph.

Assault on a pregnant woman: In case the assault is perpetrated on a pregnant woman resulting in abortion, this shall be considered an aggravating circumstance with severer punishment that will be imposed on the perpetrator (Article 339).
Committing assault in the UAE can thus result in either being charged with a misdemeanor or a felony depending on the veracity of the offence, underlying circumstances and aggravating circumstances relating to the crime. A medical report should be obtained by the victim to record the injuries sustained as a result of the assault. Apart from criminal actions, a victim of a physical assault may also take recourse to a civil claim for damages sustained.

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Introduction to the law The MTA is a proposed model for all states and territories to amend their existing local rent control laws to meet the current real estate market needs. Model Tenancy Act 2021 which states that the States and union territories will legislate or amend existing rental laws according to the memorandum of understanding signed between the states and union territories under PMAY-U. However, the MTA is prospective and only applies to new tenancy agreements, not existing ones. How to enter a tenancy agreement? The most significant change brought about by MTA is the requirement that tenants and landlords sign a Tenancy Agreement. Both parties must jointly notify the Rent Authority by submitting the form found in Schedule 1 of the MTA and the required documents to the Rent Authority's website/digital platform. The said submission must be made within two months of the agreement's execution date. If the parties fail to notify each other jointly, they must do so separately within one month of the two months expiring. The rent authority shall provide a unique identification number to the parties and upload the details of the tenancy agreement on their website in the vernacular language or the language of the State/UT within seven working days after receiving information on the execution of the said agreement along with the documents. Rent: The tenant is responsible for paying the rent according to the terms of the agreement. The Landlord is unable to change the rent without the tenant's consent. The Security Deposit must be paid in advance and cannot be more than two months' rent for residential properties and six months' rent for non-residential properties. After making the required repairs, the Security Deposit will get refunded to the tenant on the date of taking over vacant possession of the premises. Rights and duties of tenants Rights To obtain a receipt/bank acknowledgment for rent payment. To pay the rent to the Landlord via postal money order or to the Rent Authority if the Landlord refuses to accept rent. After giving the Landlord 15 days' notice to vacate the uninhabitable premises Duties Maintenance of the premises, such as drain cleaning, changing tap washers and taps, washbasin repairs, switch and socket repairs, and so on (Schedule 2) Take reasonable care of the property and notify the Landlord if anything goes wrong. Rights and duties of landlords Rights 1. To collect rent and other fees as agreed upon in the tenancy agreement. 2. After 24 hours' notice, enter the premises for inspection, maintenance, or reasonable cause, but not before sunrise or after sunset. 3. If the tenant fails to maintain the premises, charges will get deducted from the security deposit. Duties Structural repairs, wall whitewashing, plumbing pipe replacement, electrical wiring maintenance Provide essential services to tenants Need for the Act Vacant houses are increasing In recent years, the number of vacant houses in urban India has increased exponentially. The lack of appropriate legislation for the rental housing market stakeholders could motivate the government to pass the aforementioned bill. The percentage of vacant houses in India's major cities remains very high. While Gurugram has 25.8% of the total vacant homes in India, Pune is second with 21.7%, and Mumbai is third with 15.3% of the total vacant stock in India. Once the bill receives approval from all states and UTs, the vacant stock can be brought under the purview of organized rental housing, as stakeholders – tenants and landlords – may find it easier to bridge the trust gap and unlock the actual utility of this housing stock. Role of property managers The MTA is not silent on the role of rental housing intermediaries/brokers/property managers/rental agents, and it defines them, their roles, and the consequences of violation. Any person or legal entity authorized by the Landlord to manage the premises or acts on behalf of the Landlord, tenant, or both in a renting premises transaction and receives remuneration, fees, or other charges for his services will be included here. Furthermore, the MTA establishes accountability for property managers, requiring them to provide name, address, PAN number, Aadhar number, and contact information for submission to rent authorities. Property managers welcome the MTA because it will provide them with more opportunities in the residential sector in the future. The new dispute resolution framework Tenancy disagreements between landlords and tenants are common in India. Even though rent control laws exist in every state, conflicts are unavoidable. The lack of regulation has been one of the most significant deterrents to landlords renting out their properties. With the introduction of the MTA, a three-tier dispute resolution structure comprised of Rent Authority, Rent Courts, and Rent Tribunals was created, which would help reduce the burden on the Civil Courts by diverting the load on these authorities. Rent Courts/Tribunals with personnel not below the rank of Additional Collector/Additional District Judge shall make every effort to resolve cases expeditiously and within 60 days of receipt of the application or appeal. Challenges faced by the Act Force majeure The definition has included any situation of war, flood, drought, fire, cyclone, earthquake, or other natural calamity affecting the tenant's habitation in the premises rented out. Although the model tenancy act 2021 which states the residential and commercial tenancy, it is unclear how the definition has finally linked to the residential tenancy after expressing the types of events. The states must make some changes and clarify who is responsible and bears the risk during force majeure events. Digitalization The MTA allows uploading information and documents submitted by applicants/parties to the Rent Authority's portal. So, according to the statute, every district would have a Rent Authority and thus would be required to set up a digital platform. Instead of having a different portal for each Rent Authority, there is undoubtedly a need for a unified portal across the country. The Central Government should organize to save time and money. The availability of information is a well-established tenet of informed decision-making in the digital age. Any delay in establishing digital platforms or Rent Authorities could have serious consequences. Exclusion of certain property The MTA excludes property such as premises owned or promoted by the Central Government/State Government/Union Territory Administration/local authority/ Government undertaking/ enterprise/statutory body/ Cantonment Board/ company/ University/organization/ religious institutions notified by state government/ charitable trusts/ Auqaf under Waqf Act, 1995, or any building specifically exempted for the public interest. Such exclusion will keep a large portion of vacant stock out of the regulatory framework, requiring stakeholders to rely on other legal resources for dispute resolution. Under what circumstances can the Landlord break the agreement and evict the tenant? The Landlord cannot evict the tenant while the tenancy agreement is still in effect. However, the Landlord can apply to the Rent Authority for eviction on the following grounds: 1. If the tenant refuses to pay the rent according to the tenancy agreement terms 2. If the tenant has not paid the rent and other fees for two months in a row 3. If the tenant takes possession of any part of the premises without the Landlord's written permission 4. Even after receiving notice from the Landlord, the tenant misuses the property (including immoral, illegal, and public nuisance activities). 5. If the Landlord needs to do some construction work on the property, that cannot be done without vacating the property. 6. If the tenant has given a written notice to vacate the premises, the Landlord stands to lose money if possession is not granted. 7. If the tenant has made any structural changes without the Landlord's written permission Can a tenant or a landlord file a complaint against the other? Yes, both parties can file an application or appeal with affidavits and documents before the Rent Court or Rent Tribunal, as the case may be. The Rent Court/Tribunal acts under the Code of Civil Procedure for various purposes, including summons issuance, affidavit evidence, witness examination, and so on. The Court/Tribunal, on the other hand, is guided by natural justice principles and is free to regulate its own procedure. Does the agreement become null and void if the Landlord dies? Yes, in the event of the Landlord's death, the legal heirs of the deceased Landlord can file an eviction application with the Rent Court. Suppose the court determines that the applicant/legal heirs have a bonafide need for the premises. In that case, an order will be issued against the tenant for handing over vacant possession of the premises to the legal heirs of the deceased Landlord. What if the Landlord makes structural changes and raises the rent during the tenancy? Frequently, the Landlord begins construction work during the tenancy period and incurs costs for alterations, improvements, and structural changes that are not necessary repairs to be carried out in the premises occupied by the tenant, putting pressure on the tenant to request a rent increase. In such cases, rent can only get increased if the Landlord and tenant sign a written agreement before the work begins, according to Section 9(2) of the MTA. In addition, the said rent would be applied one month after completing work. To Conclude: The central government's intention appears to be toward progress and the formalization of the real estate market. The Model Tenancy Act’s goal is to make the country's rental housing market vibrant, sustainable, and inclusive. It will help alleviate stakeholders' concerns and enable landlords to unlock vacant properties and create adequate housing stock for all income groups, thereby addressing the issue of homelessness. However, the Act is still in its early stages and must deal with time-consuming procedures before implementation. The identification and appointment of personnel for Rent Authorities, Rent Courts, and Rent Tribunals would be a time-consuming process requiring adequate time for the MTA's on-the-ground implementation.
Top 5 Things a Personal Injury Lawyer Can Do for You
You may wonder why you need to hire personal injury lawyers. But if you get injured, they are the right persons to get you compensation and help you recover. When you have suffered an injury, whether you were involved in a car accident, fell at the grocery store, or tripped over your neighbor’s broken sidewalk, it may be tempting with dealing the personal injury claim yourself. You may even think you can handle it on your own if the case should end up in court because the details are pretty explicit. However, before you decide to settle your case yourself, known as proceeding pro se in the legal field, there are things that a lawyer may be able to do that you cannot do on your own. Talking about the particular actions that Dallas Personal Injury Lawyers do depends on the sort of case, specialty area, and process of that case. It is required to mention some of the activities that personal injury lawyers probably do and the advantages of your case. They understand you in an ideal manner and bring the best results to you. 1. Evidence provisions in court You may think that the facts of the case are simple, and you may think you can testify before the judge and tell them what happened that is enough proof for the court. The fact is that even a simple personal injury case is not easy when it ends up in court. You could need an expert to testify on your behalf about your injuries, the cause of your injuries, or to prove that the other person was negligent. Courts also have many strict rules about what can use as a piece of evidence. A personal injury probably gathers evidence to support the plaintiff's case. This whole process involves procuring any group of police and incident reports. Personal injury attorneys Dallas try to track down witnesses and have witness statements. They probably take or instructs a photographer to have pictures of the incident report. They probably have retained evidence in the context of the case like property damage, camera footage, or additional evidence. Evidence probably establishes liability for the accident's causes and the damages the plaintiff suffered. If talking about the evidence, it probably includes many things like medical records, medical reports, employment, bills, employment reports, and so on. 2. Compensation negotiations A law firm may help you avoid going to court altogether. Personal injury attorneys Dallas are often better able to negotiate out-of-court settlements favorable to their clients. Because they have experience with cases like yours, they know the chances of winning if you go to court. The lawyers also know the weaknesses in your case and the defendants' case. They will also gain more information on the defendant’s insurance coverage and will be able to investigate financial resources that you may not be able to do on your own. 3. Experience with deadlines Every state has a statute of limitations for legal action. In many states, the rules of limitations for filing to recover damages for injuries or the death of a person due to neglect or wrongful act is two years. In addition, once you have filed a lawsuit, the court sets additional deadlines that must be met and rarely have sympathy whenever the person passes deadlines who are representing themselves in court. Injury attorney Dallas Texas is a lawyer who is experienced with working within deadlines and filing your cases as soon as possible in court. 4. Experience with insurance companies and law firms Very few people have to deal with insurance companies and law firms regularly. They have either worked with or against other attorneys in the area, so they are familiar with their tactics. This familiarity could be very beneficial to your case. Injury attorney Dallas Texas works in this domain now and then. Hence, they are the right people to deal with insurance companies. They know how to get you the right compensation for your claim. 5. Keep your case local In some personal injury cases, especially those dealing with large corporations, the defendant will attempt to move the case to a different jurisdiction that could be moving to a court in another county. They can move the lawsuit from a state court to a federal court, which has many more rules and regulations that must follow. An experienced Injury attorney Dallas Texas can stop this from happening either by helping you when moving from one jurisdiction to another may benefit your case. Conclusion A personal injury lawyer is someone who provides legal representation to those who have got injured in an accident. Here, it needs to mention that personal injury lawyers work in tort law consisting of negligent acts combined with intentional acts. They are known for pursuing compensation for accident victims. Dallas Personal Injury Lawyers work on a contingency fee basis in which they only charge Personal injury attorney’s fees once they have secured a settlement or jury verdict. Typically, they finance a case and go ahead to have great care in the context of screening potential clients and evaluating the excellence of the case. A personal injury lawyer will surely not want to go ahead with a lawsuit that he does not believe results in a win regarding the client.