புதுடில்லி: சாலை விபத்தில் உயிரிழப்பவரின் குடும்பத்தாருக்கு இழப்பீடு வழங்கும்போது, உயிரிழந்தவரின் எதிர்கால வருமானத்தை கணக்கிடுவதில், புதிய உத்தரவை, உச்ச நீதிமன்றம் பிறப்பித்துள்ளது.சாலை விபத்தில் உயிரிழப்பவரின் குடும்பத்தாருக்கு, மோட்டார் வாகனச் சட்டத்தின்படி, காப்பீட்டு நிறுவனங்கள் …
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புதுடில்லி: ‘அரசியல்வாதிகள் மீதான வழக்குகளை ஓராண்டுக்குள் முடிக்க வேண்டும் என்ற உத்தரவு முறையாக பின்பற்றப்படுகிறதா; கிரிமினல் வழக்குகளில் அரசியல்வாதிகளுக்கு தண்டனை அளிக்கப்பட்ட விகிதம் என்ன என்ற விபரங்களை தாக்கல் செய்ய வேண்டும்’ என, மத்திய அரசுக்கு, உச்ச நீதிமன்றம் உத்தரவிட்டுள்ளது. …
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புதுடில்லி: ஏழு மாநிலங்கள் மற்றும் ஒரு யூனியன் பிரதேசத்தில் வசிக்கும் இந்துக்களை சிறுபான்மையினராக அறிவிக்கக் கோரி, உச்ச நீதிமன்றத்தில் மனு தாக்கல் செய்யப்பட்டுள்ளது.பா.ஜ., வைச் சேர்ந்த, அஷ்வினி உபாத்யாயா, உச்ச நீதி மன்றத்தில் தாக்கல் செய்துள்ள மனுவில் கூறப்பட்டுள்ளதாவது: கடந்த, 2011ல் …
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The Madras High Court, on Tuesday, permitted a Petitioner to file her income tax returns manually without quoting Aadhaar number or Aadhaar enrolment ID, paving the way for more such Petitions to be filed all across the country.
The interim order was issued by Justice T.S. Sivagnanam on a Petition filed by Ms. Preeti Mohan, through Advocate Suhrith Parthasarathy. She had relied on the Supreme Court decision in the case of Binoy Viswam v. Union of India, wherein the Apex Court had imposed a partial stay on Section 139AA of Income Tax Act, which made linkage of IT returns with Aadhaar mandatory. This had been done in view of the fact that the provision is still to be tested on the touchstone of Article 21 of the Constitution of India.
Ms. Mohan had, therefore, contended, “…these directions issued by the Supreme Court further make clear that the Aadhaar scheme was always meant to be voluntary. To now constrain assesses to enrol under the Aadhaar Act, by applying Section 139AA of the Income Tax Act, despite the grant of partial stay by the Supreme Court, the Respondents are acting in a manner directly opposed to the Supreme Court’s various directions.“
During the hearing, the Court took note of a similar Petition filed before Kerala High Court, wherein the Petitioner had been allowed to file his income tax returns manually, without quoting his Aadhaar number.
It then observed, “I am inclined to grant a similar relief, since today being the last date for filing the income tax returns. If the income tax returns are filed belatedly and if, ultimately, the matter is decided by the Constitution Bench of the Hon’ble Supreme Court against the Petitioner, then she may be liable for payment of interest for belated payment of tax. “
Thereafter, opining that the balance of convenience was in favor of the Petitioner, Justice Sivagnanam directed, “Accordingly, there will be an interim direction to the third respondent to permit the petitioner to file her income tax returns for the assessment year 2017-18 either manually or through appropriate e-filing facility without insisting for the aadhar number and/or enrolment ID Notice to the respondents is accepted by Mr. Navin Durai Babu, learned Standing Counsel for the Revenue.”
Read the Order Here
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Consumer Forum Dismisses Plea To Summon Shahrukh Khan As Witness In Case Against Fair & Handsome [Read Order]
Many a men might have been swayed by Bollywood actor Shahrukh Khan promising that a brand of fairness cream can make them lighter in three weeks, but a consumer forum here has dismissed an application to summon him as witness in the complaint against Emami, the manufacturer of Fair & Handsome.
The District Consumer Dispute Redressal Forum (Central) has dismissed the application moved by Nikhil Jain to summon Shahrukh Khan as a witness while claiming that he bought the cream based on his advice.
Nikhil’s counsel Paras Jain had sought to summon the Bollywood superstar while submitting that he believed in the advice of Shahrukh Khan that Emami’s Fair & Handsome makes skin lighter in three weeks, but was disappointed upon using the product and felt cheated.
Nikhil first took Emami to consumer forum in year 2012 for unfair trade practice after he failed to spot any difference in his skin on using Fair & Handsome.
In 2015, the district forum awarded him a compensation of Rs 10,000, besides a punitive damage of Rs 15 Lakh on Emami.
The ad was also taken off air. Emami challenged the order before the State Commission.
The State Commission in May 2017 remanded the matter back to the district forum while noting that the forum had not considered the entire material before it and directed it to decide the complaint afresh.
The commission also held that no evidence had been filed before the district forum by the complainant about his skin condition prior and subsequent to the use of the cream.
When the matter was once again taken up by the district forum in compliance with the order of the State Commission, Nikhil moved an application seeking an opportunity to examine Shahrukh Khan, the brand ambassador of the company.
Emami opposed the application terming it gross abuse of process of law.
“It is crystal clear that State Commission remanded the matter back to this forum for deciding afresh after considering material on record and not by adducing fresh evidence.
“It is well settled law that remand is not meant to give another chance to parties to fill up the lacuna or to substantiate what the complainant or the opposite party have failed to establish…,” the district forum said in its order on Monday.
Even otherwise the district forum held that there was no sufficient ground to summon Shahrukh Khan as complainant’s witness.
The matter will now come up for hearing on December 18.
Read the Order Here
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Witch-Hunt Still Prevalent In Many States; Need Special Law To Tackle It: Gauhati HC [Read Judgment]
Witch hunting is the most dehumanising act and is one of the worst forms of human rights violations, the Bench said.
Taking note of the prevalence of the inhuman and barbaric practice of witch hunting in Assam and other North-East states, the Gauhati High Court has observed that branding of a man or a woman as a witch and then resorting to witch hunting is the most dehumanising act and is one of the worst forms of human rights violations.
The division bench comprising Justice Ujjal Bhuyan and Justice Paran Kumar Phukan made this observation while disposing of a criminal appeal filed by three persons accused of witch hunting, as a result of which two persons had been killed. The bench also observed that witch hunting as a socio-legal problem has to be confronted at multiple levels.
The court said: “As the name itself suggests, some people, mostly elderly women, are branded as witches and thereafter they are subjected to severe abuse in the name of ridding the society of such evil.”
Terming it a social menace, the bench observed: “Witch hunting as a phenomenon is not only confined to the State of Assam; it has affected large parts of the country. It is rooted in flawed quasi-religious beliefs, antiquated socio-cultural traditions blended with extreme superstitions practices.”
The court also observed that the Assam Witch Hunting (Prohibition, Prevention and Protection) Bill, 2015, is awaiting assent of the President of India.
The court, in this case, confirmed conviction of two accused and acquitted one giving him the benefit of doubt.
Read the Judgment Here
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The Karnataka High Court has commuted the death sentence awarded to three members of the notorious Dandupalya gang and has acquitted another member.
The three who have been convicted are Venkatesh alias Chandra, Munikrishna alias Krishna and Nallathimma alias Thimma. The fourth accused, Lakshmamma, has been acquitted.
The Bench comprising Justice Ravi Malimath and Justice John Michael Cunha directed the three to undergo rigorous imprisonment for a period of 10 years and fined them with Rs. 10,000 each.
The Court was hearing appeals challenging a judgment passed in 2010 by the Special Court, which had convicted the Appellants for dacoity and murder and had awarded them with capital punishment.
It noted that the Trial Court had convicted the Appellants for offences under Section 396 (dacoity with murder) of the Indian Penal Code solely on the basis of voluntary statements of the accused and recovery of gold ornaments from them.
Noting that the evidence on records was not only insufficient but also inadmissible, the Court then observed, “It is trite law that no conviction would lie on the basis of the voluntary statements recorded by the police officers while the accused were in their custody. Section 25 of the Evidence Act in unmistakable terms provides that no confession made to a police officer is relevant or shall be proved against a person accused of any offence. Section 26 mandates that no confession by any person while he is in custody of a police officer shall be relevant or proved against him. It is unfortunate that the learned Sessions Judge has placed reliance on Exhibits P15, P16 and P17 namely the voluntary statements of the accused to base the conviction. Therefore, on overall consideration of the above facts and circumstances of the case, we are of the view that the conviction recorded against the accused under section 396 of Indian Penal Code cannot be sustained.”
It, however, opined that the recovery of gold ornaments from the accused warranted their conviction under Section 392 (robbery) of the IPC.
Read the Judgment Here
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NGT Orders Demolition Of Building Owned By Sri Sri Ravi Shankar’s Trust For Encroaching Upon Protected Wetlands [Read Order]
The National Green Tribunal has ordered demolition of a three-storied building belonging to spiritual guru Sri Sri Ravi Shankar’s Vaidic Dharma Sansthan (VDS).
A two-member Bench of the NGT, comprising Justice S.P. Wangdi and Prof. (Dr.) P.C. Mishra, directed the East Kolkata Wetlands Management Authority (EKWMA) to demolish the structure, observing that the structure had encroached upon the protected East Kolkata Wetland.
The entire process has been directed to be completed within a period of three months. A compliance report has been directed to be filed in the first week of February, 2018.
The Tribunal had been approached by an NGO called ‘People United for Better Living in Calcutta’ (PUBLIC). During the hearing, it was informed that VDS had ignored notices sent to it by EKWMA and had built the structure since July-August, 2015.
Thereafter, noting that EKWMA had not authorized the building of the structure, the Tribunal ordered, “In view of the established fact that the Respondents No. 3 and 8 have encroached upon the protected East Kolkata Wetland, we leave it upon the Respondent No. 1 (EKWMA) to take appropriate steps to remove all illegal structures in exercise of its powers vested in it under clauses (b) and (c) of Sec. 4 of the East Kolkata Wetlands (Conservation and Management) Act, 2006 and further to consider imposition of appropriate penalty upon the Respondents No. 8 & 3 under Sec. 18 of the Act. However, we make it clear that the EKWMA while taking such steps shall follow the due process of law.”
Read the Order Here
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Coming to the aid of an 11-year-old in need of a life-saving surgery, the Delhi High Court has directed Govind Ballabh Pant Hospital to immediately admit and provide necessary treatment to the daughter of a daily wage labourer whose health is deteriorating due to a structural heart defect.
The girl needed immediate surgery, but her father could not arrange the money.
Justice Vibhu Bakhru directed GB Pant Hospital to admit 11-year-old daughter of Mohammad Jaki without insisting on pre-deposit of any funds.
The court directed that the government may enquire if at all petitioner is entitled to any such treatment free of cost, but should not keep his daughter waiting pending any such enquiry.
Mohammed Jaki, a resident of North East Delhi, had approached the high court through advocate and social activist Ashok Agarwal as his daughter, at present admitted in Lok Nayak hospital, was referred to GB Pant Hospital and advised immediate life-saving surgery.
The girl was diagnosed with a heart defect in May 2017. Doctors at LNJP advised that she be taken to GB Pant hospital and operated upon immediately.
However, the GB Pant Hospital asked him to arrange Rs 50,000 for her admission and another Rs 50,000 for the surgery, which he was unable to arrange for.
He also wrote to the Delhi government through advocate Agarwal praying for help, but in vain.
“It is stated that GB Pant Hospital is not admitting petitioner’s daughter, and doctors at GB Pant Hospital have called upon the petitioner to deposit the sum of Rs 50,000 which he is unable to afford. It is further stated that his daughter is in urgent need of a surgical operation for survival.
“In view of the averments, respondent number 2 (GB Pant Hospital) is directed to immediately admit petitioner’s daughter and provide necessary treatment without insisting on pre-deposit of any funds,” Justice Bakhru ordered.
“In the meanwhile, the government can examine whether the petitioner’s daughter is entitled to such treatment free of cost. In the event, enquiry reveals that petitioner is not entitled to free treatment, respondents can always initiate necessary steps to recover the sum. However, it is clarified that admitting petitioner’s daughter and providing her the necessary treatment shall not be withheld pending such enquiry,” the court clarified.
Read the Order Here
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Kerala Nurses’ Assn Moves SC, Says Pvt Hospitals Trying To Wriggle Out Of Implementing Revised Salaries [Read Application]
Amid growing resentment in nurses’ associations over meagre salaries, the Kerala State United Nurses’ Association on Monday moved an application before the Supreme Court for impleadment in the matter concerning revision of salaries of nurses in private hospitals in Kerala.
The impleadment application comes close to the stay granted by the apex court on Friday on implementation of recommendations of a committee formed by the government to suggest revision in salaries and working conditions of nurses.
The association said it should be heard before any order is passed in the matter titled Kerala Private Hospital Association Vs State of Kerala.
The Kerala State United Nurses’ Association is one of the largest nurses’ associations with 3.8 lakh nurses as its members.
It said: “The private hospital association is trying to get away from implementing the recommendations of Ministry of Health & Family Welfare (Nursing Section) in compliance of the Supreme Court judgment passed on January 29, 2016, by filing the instant petition before the court.”
It is to be noted that in pursuance of the Supreme Court order, a minimum wage committee was set up by the government which had, on October 19, recommended revision in salaries of nurses in private hospitals.
The state government was asked to notify the revisions in a gazette, which included Rs 20,000 salary for a nurse in a less than 500-bed hospital.
When the recommendations were not implemented, the nurses went on strike.
The strike was called off on assurance from the hospitals that the recommendations would be implemented soon, but nothing was done.
The private hospital association then moved the Supreme Court and got a stay.
In its impleadment application, the nurses’ association said “the nurses may be called ‘angels in white’ but in their own country, their treatment does not befit the name”.
“The minimum salary of most of the nurses working in private hospitals in Kerala is so that it would embarrass them to compare it with even a daily wage labourer. While immigrant labourers earn anywhere between Rs 700 to Rs 900 per day, the nurses in their own backyard get as low as Rs 300 to Rs 400,” it said, adding that while nurses earn Rs 6,500 when they join as trainees, their counterparts in Europe make anywhere between Rs 1 lakh and Rs 4 lakhs.
Read the Application Here
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