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Comments Off on இரட்டை கொலை : 2 பேருக்கு ஆயுள்

இரட்டை கொலை : 2 பேருக்கு ஆயுள்

News November 30, 2017

சேலம்: விஷம் கொடுத்து, இருவரை கொலை செய்த இரண்டு பேருக்கு, இரட்டை ஆயுள் தண்டனை விதிக்கப்பட்டது. சேலம் மாவட்டத்தைச் சேர்ந்தவர் அர்த்தனாரி, 34. இவர் மீது, ஒரு கொலை வழக்கு உள்ளது. இதில், அதே பகுதியைச் சேர்ந்த கரும்பு வெட்டும் தொழிலாளிகளான, 42 – 45 வயதுடைய இருவர், போலீஸ் தரப்பு சாட்சிகளாக …

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Comments Off on தொழிலாளி கொலையில் தந்தை, மகனுக்கு ஆயுள்

தொழிலாளி கொலையில் தந்தை, மகனுக்கு ஆயுள்

News November 30, 2017

திருவாரூர்: விவசாய தொழிலாளி கொலை வழக்கில், தந்தை, மகனுக்கு ஆயுள் தண்டனை விதித்து, திருவாரூர் மாவட்ட அமர்வு நீதிமன்றம் உத்தரவிட்டுள்ளது.திருவாரூர் மாவட்டம், நன்னிலம் அருகே, நெம்மேலி கிராமத்தைச் சேர்ந்தவர், பாலகிருஷ்ணன், 65; விவசாயத் தொழிலாளி. இவரது மகன் ராஜகுரு, 30. இவர்களின் பக்கத்து வீட்டில், …

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Comments Off on இரட்டை இலை சின்னம் விவகாரம்: டில்லி ஐகோர்ட்டில் மேல்முறையீடு

இரட்டை இலை சின்னம் விவகாரம்: டில்லி ஐகோர்ட்டில் மேல்முறையீடு

News November 30, 2017

புதுடில்லி: இரட்டை இலை சின்னத்தை, பழனிசாமி – பன்னீர்செல்வம் தரப்புக்கு ஒதுக்கிய, தேர்தல் கமிஷனின் உத்தரவை ரத்து செய்ய கோரி, சசிகலா மற்றும் தினகரன் தரப்பில், டில்லி உயர் நீதிமன்றத்தில், மேல்முறையீட்டு மனு தாக்கல் செய்யப்பட்டு உள்ளது.

ஜெ., மறைவுக்கு பின், அ.தி.மு.க., இரண்டாக பிரிந்ததை அடுத்து, …

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Comments Off on Former Law Secretary Snehlata Shrivastava Becomes First Woman Secretary General Of Lok Sabha

Former Law Secretary Snehlata Shrivastava Becomes First Woman Secretary General Of Lok Sabha

News November 30, 2017

Apoorva Mandhani

Former Law Secretary, Ms. Snehlata Shrivastava has become the first woman ever to be appointed as the Secretary General of the Lok Sabha.

Ms. Shrivastava is a retired IAS Officer from the 1982-batch Madhya Pradesh cadre and will succeed incumbent Anoop Mishra, who will relinquish the post on 30 November. She will hold office until 30 November, 2018.

Besides having been appointed as Secretary, Department of Justice earlier last year after having served in the Ministry of Finance as an Additional Secretary, she has also held several important positions in the Madhya Pradesh Government.

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Comments Off on Human Rights Commission Can’t Direct Payment Of Compensation: Chhattisgarh HC [Read Order]

Human Rights Commission Can’t Direct Payment Of Compensation: Chhattisgarh HC [Read Order]

News November 30, 2017

Ashok K.M

Human Rights Commission is only empowered to make a recommendation. It has no adjudicatory jurisdiction, the court said.

The Chhattisgarh High Court has held that the State Human Rights Commission is only a recommendatory body and it has no power and jurisdiction to direct payment of compensation.

The Chhattisgarh State Electricity Board was directed by the State Human Rights Commission to pay ₹6,22,000 as compensation towards illegal and forceful installation of six electricity polls and electricity line in the agricultural field owned by one Jai Shankar Verma. The board challenged the said order before the high court.

Referring to relevant provisions, Justice Sanjay K Agrawal observed that if the commission finds that the inquiry discloses the commission of violation of human rights, it may recommend to the concerned government or authority to make payment of compensation or damages to the complainant, but the commission has no authority and jurisdiction to pass an order directing payment of compensation.

Allowing the writ petition and observing that the order of the Human Rights Commission will be treated only as a recommendation, the court said: “Human Rights Commission is only empowered to make a recommendation. It has no adjudicatory jurisdiction and the Government/its authority has an obligation to consider the recommendation of the Commission in accordance with law.”

Read the Order Here

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Comments Off on Formulate A Concrete Health Policy; Improve Housing Facilities For Doctors, Etc.: Allahabad HC Issues Slew Of Suggestions [Read Order]

Formulate A Concrete Health Policy; Improve Housing Facilities For Doctors, Etc.: Allahabad HC Issues Slew Of Suggestions [Read Order]

News November 30, 2017

Apoorva Mandhani

The Allahabad High Court, on Wednesday, ruled that an application for voluntary retirement cannot be rejected solely on the ground of there being a scarcity of doctors in the State.

The Bench comprising Justice Devendra Kumar Arora and Justice Rajnish Kumar also issued a slew of directions to improve the healthcare facilities in the State, observing, “We hope and trust that the State Government will sincerely address the issues and will come out with a concrete health policy in larger interest of the general public.”

A copy of the order was accordingly directed to be sent to the State Chief Secretary and the Principal Secretary, Department of Medical Health and Family Welfare.

The Court was hearing Petitions filed by doctors whose application for voluntary retirement was either rejected or was kept pending citing “public interest” in view of the scarcity of doctors.

Agreeing with the Petitioners, the Court took into consideration Fundamental Rule 56 (c) and 56(d) of the Financial Handbook, noting that the same does not list “public interest” as a ground for rejection of an application for voluntary retirement.

“As stated above, the application has been rejected solely in the public interest and shortage of doctors but nowhere in the Fundamental Rule 56(c) & (d), the State Government/appointing authority has been vested with the power to refuse such an application in public interest or shortage of staff and as such this ground is not at all available to the State Government,” it then ruled.

Accordingly, terminal benefits of the Petitioners were directed to be settled within three months from the date of their retirement.

Court’s suggestions

The Court noted that the country seems to have only one doctor per 2,000 patients in the country. It then pondered upon the reasons for such scarcity, observing, “… instead of blame-game, the authorities who are responsible for monitoring the health system in the State must minutely and sincerely examine the issues as to how the working of the government hospitals can be improved for the betterment of the general public and why doctors are opting for voluntary retirement every day.

One must not forget that everyone is keenly interested in government job and a candidate has to clear tough competitive examination to enter into government service but on the other hand the doctors are not interested in joining the government service and even it has come to the knowledge that pots of Medical Officers are not being filled on account of non-availability of candidates. Further, who have entered into government service are continuously opting for voluntary retirement from service causing serious scarcity of doctors in government hospitals and Primary Health Centers.”

The Court opined that whenever a medical specialist is posted in a managerial post, “the needy are deprived of specialist treatment and it involves wastage of a specialized talent”.

It then suggested, “With the specialized field of Hospital Administration to address the administration/ management, issues of medical facilities, such doctors, who are specialized in Hospital Administration can be appointed to cater day to day management of hospital. However, whenever, further specialized view is required, specialists may be included in relevant committees. Also, appropriate changes in cadre structure can be made so as not to affect promotional avenues.

Efficiency should become the keyword in all activities involved in running hospitals so as to avoid the frustrations of medical staff with inadequate infrastructure, non-working equipment and unsafe working environment. An efficient and committed administration working closely with dedicated staff can make public hospitals excellent centres of health care. Those with talent and dedication will stay while those interested in making more money will leave at the cost of job satisfaction.”

The Court further suggested that the authorities must strengthen the current system to provide better housing facilities to the doctors and revamp the recruitment policies to fill vacant positions in Government and Civic Hospitals.

Furthermore, it advised that a balance be maintained between specialized senior and junior doctors, and that doctors be given an opportunity to participate in conferences and seminars, suggesting, “In order to facilitate these mechanism as well as boost the morale of the doctors to exchange their views/ opinion/ knowledge including advancement in the Medical field, the authorities of the State can make a policy like such doctors, who attends CMEs/ Seminars/ Conferences by submitting papers, would be awarded points, which may be considered at the time of his/her promotion and preference would be given to such doctors in promotion.”

Read the Order Here

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Comments Off on Stop All Sand Mining/Quarrying Activities Within 6 Months: Madras HC To TN Govt [Read Order]

Stop All Sand Mining/Quarrying Activities Within 6 Months: Madras HC To TN Govt [Read Order]

News November 30, 2017

Apoorva Mandhani

The Madurai Bench of the Madras High Court, on Wednesday, directed the Tamil Nadu Government to stop all sand quarrying and mining activities within six months and prohibited it from opening any sand quarries in the future.

Justice R. Mahadevan issued the order “in larger interest, for the welfare of the people of the State, to protect the environment, river beds, river bodies and the field of agriculture on which thousands of farmers are thriving”.

The Court also advised the State to import sand instead, in order to meet the requirements of the people, opining that this would “not only be a cost effective, but also hopefully facilitate in rejuvenation from the damage”.

The Court was hearing a Petition filed by the Managing Director of M/s. M.R.M. Ramaiya Enterprises Private Limited, demanding an order to the State to permit it to transport the silica sand it had imported from Malaysia and stocked at the New Harbor stockyard at Tuticorin port. The Company had been denied such transportation even after providing proper invoice, bill of entry along with proof of GST on import within TN.

The Court accepted the Petitioner’s contentions and ruled, “In the present case, the petitioner has produced appropriate Certificate, which this Court has no reason to disbelieve. Therefore, under the above circumstances, this Court is of the view that State does not have the power to restrict the petitioner to deal with the imported sand either under the Tamil Nadu Minor Mineral Concession Rules, 1959 or under the Tamil Nadu Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealers Rules, 2011 and hence, the petitioner succeeds.”

It then left it open to the State to bring in appropriate legislation to regulate movement, stocking and sale of imported sand, while noting that the illegal mining in the State “has gone to a rampant level where it is difficult to even assess the excess quantity of sand and minerals mined”.

The Court, thereafter, issued the following directions:

“(a) The State shall stop all sand mining/quarrying activities in the State of the Tamil Nadu within six months from today and shall not open any new sand quarries/mines in future;

(b) The quarries of granites and other minerals, except, jelly, have to be periodically closed to maintain ecological balance;

Import of river sand

(c) The respondents shall forthwith issue appropriate directions to the authorities concerned enabling the importers to transport and sell the imported river sand with appropriate directions to the importers to produce all the import related documents and maintain proper records reflecting the quantity imported, sold, stock in hand and other necessary particulars before the Mines and Commercial Taxes Departments respectively, to check evasion of taxes;

(d) The State shall depute a team with experts from the Geological Department to identify, process and import the sands and minerals from countries which permit export and display them for public and the 15th respondent shall cause to effect a publication as to the countries which permit export of sand and the procedures thereof to be complied with;

(e) The State shall also take a decision to import river sand by the State owned Corporation itself to meet out the short-supply of sand within the State, if there is no other legal impediments;

Inter-State transport

(f) The District Collectors and the Superintendents of Police of all the Districts concerned, in consultation with the officials of the Commercial Taxes Department, shall issue appropriate directions to their Subordinate Officers, to distinguish what kind of minerals, are permitted to be transported, inter-state or intra-state and what are the documents, required to be possessed and displayed to the officers, at the check posts, if any;

(g) The State shall establish permanent check-posts within the State with the officers equipped sufficiently to curb and prevent the illegal mining and transportation of sand; the check post officers shall maintain the record of all the vehicles crossing by; the State shall also fix camera at the check posts and connect the same with a common server to ensure that illegal mining and transportation is curbed;

Action against illegal mining

(h) The State shall initiate appropriate and immediate action against the persons involved in illegal mining, transportation and storage in the State and proceed for the permanent confiscation of the vehicle involved in the illegal activities and cancellation of the Registration Certificate of the vehicle, without any scope for the owner of the vehicle to plead ignorance;

(i) The State shall constitute a Committee to ascertain the loss caused to the Government and take steps to recover the same from the Companies, individuals including the erring Government Servants, whose hand if found, be immediately suspended and prosecuted as per law;

Regulation of sale of imported sand

(j) The imported sand must be tested before the goods are cleared, if Quality Certificate is not produced by the importer and for that purpose, scientific methods for testing be deployed;

(k) If any sale related to imported sand is proposed to be carried out, the same has to be done by strictly following the provisions as well as the Rules of local enactments, i.e., under the GST laws;

(l) The State shall be at liberty to bring in an enactment to regulate and handle such imported sand within the State, maintenance of records, etc;

(m) The respondents 13 to 16 shall issue appropriate guidelines specifying the quality of sand and its usage so as to enable the importers to get appropriate sand with Certificate from the exporter/authorities in foreign soil, so that the life and property of the common public is not jeopardized and the natural wealth of the State is preserved; and

(n) A copy of this order be marked to all the parties concerned forthwith for strict compliance/adherence.”

Read the Order Here

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Comments Off on MP HC Commutes Death Penalty Imposed On Man Convicted For Rape, Murder Of Minor Niece [Read Judgment]

MP HC Commutes Death Penalty Imposed On Man Convicted For Rape, Murder Of Minor Niece [Read Judgment]

News November 30, 2017

Live Law News Network

The Madhya Pradesh High Court, has commuted death penalty imposed on a man convicted for rape and murder of a minor girl, who was his niece.

Vinay was convicted by the Trial Court for rape and murder of his niece who was only thirteen-year-old at that time. The prosecution case was that, after committing rape, the accused and his juvenile friends, killed her by hitting her head with a stone, strangulated her and hanged her from the roof with a red coloured saree.

On his appeal, the Division Bench of Justice SK Seth and Justice Anjuli Palo observed that the accused was rightly convicted by the Trial Court and said: The chain of evidence is complete without leaving any reasonable ground for the conclusion consistent with the innocence of the appellant and show that in all human probability the act must have been done by the appellant only.

The Bench, however observed that, it would be appropriate to impose the alternative punishment for life, rather than death sentence. The Court also observed that the prosecution has not proved the probability that the conviction cannot be reformed and rehabilitated and the probability that he would continue to commit criminal acts and thereby would pose threat to the society.

We seriously considered the mitigating circumstances in favours of the conviction. The appellant belongs to schedule tribe without criminal antecedents., the Bench said.

Read the Judgment Here

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Comments Off on SC Directs Schools To Spread Awareness About The Dangers In ‘Blue Whale Game’ [Read Order]

SC Directs Schools To Spread Awareness About The Dangers In ‘Blue Whale Game’ [Read Order]

News November 30, 2017

Ashok K.M

Children must grow up with an awareness that such a thing exists and they shall scrupulously avoid it, the bench said.

Disposing of a plea seeking ban of Blue Whale game, the Supreme Court has directed all the states and Union Territories to spread awareness in the schools run by them so as to make aware the children about the danger such games propagate by bringing people into a trap.

A bench headed by the Chief Justice of India Dipak Misra also clarified that making people aware about a danger has to be done with clarity, concern and taking it within the sweep of the duty of the state.

There may not be such a problem in that State, but the children must grow up with an awareness that such a thing exists and they shall scrupulously avoid it. The awareness campaign need not be about the game, but about the dignity of life and not to waste it and not to fall in anyone’s trap,” the bench said.

During last hearing, the court had directed Doordarshan and Private TV channels to air a programme on prime time to inform about its evil effects of the game.

Centre’s submission before SC

The attorney-general submitted before the court the steps taken by the Union government to tackle the Blue Whale menace. The following are some of the submissions:

  • A high-level committee that has been constituted under the chairmanship of Director-General of CERT-In to investigate all cases where suicides have been committed or attempted allegedly using ‘Blue Whale Challenge game’ and the committee was asked to submit a report after carrying out thorough technical analysis of the personal computers/laptops/mobile devices seized by the police.
  • Ministry of Human Resource Development has also issued circulars to the schools coming directly under it.
  • MeitY has issued directives to Google India, Microsoft India, Facebook India and Yahoo India, directing them to ensure that all links of the Blue Whale challenge game and of any similar game are immediately removed from their platforms.

Attorney General KK Venugopal also said it is the primary duty of the parents as well as the teachers to see that the children of young age do not get into the traps of this game because it is in solitude that they watch/play this game. “Parental care, concern, love, affection and instilling sense of optimism in children will keep them away from even searching for these kinds of games. When the children leave home and come to school, the responsibility of the teachers is high,” he said.

With regard to his prayer to direct the Union Ministry of Human Resource Development to issue circulars to its schools in this regard, the bench said: “Being aware that the swings of life matter the most, someone may feel that his/her mild failure or not obtaining the desired marks fixed by his/her mind is a Jurassic mental deterioration and there is no other option, but to meet death with glory. However, he or she must be made to understand that the beauty of life is not to have a meeting with death, but to keep death away and that makes the mind victorious. Not for nothing has it been said that nothing is worth ruining oneself.”

Read the Order Here

 

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Comments Off on SC Raps Centre For Relying On Private Books Instead Of Official Publications [Read Judgment]

SC Raps Centre For Relying On Private Books Instead Of Official Publications [Read Judgment]

News November 30, 2017

Ashok K.M

The Supreme Court has criticized the practice adopted by the Union of India in relying private books for ‘the purpose of defeating the rights of citizens’.

Kamal Kishore and others had applied to the post of Constable GD in Central Reserve Police Force (CRPF) for being considered for appointment to the posts reserved for OBCs. They were denied appointment on the ground that the castes to which they belong did not find place in the OBC List for the Central Government services for Uttarakhand State as per “Swamy’s Compilation on Reservations and Concessions” book.

The high court had allowed writ petition filed by these aspirants and the writ appeal filed by the Union of India was dismissed by the division bench. These orders were assailed before the apex court.

A bench of Justice SA Bobde and Justice L Nageswara Rao, affirming the high court judgment, observed that there cannot be any doubt that the aspirants belong to the castes which were included in the Central List of OBCs for the State of Uttar Pradesh and were entitled to be considered for the posts reserved for OBCs in the advertisement that was issued on 24th July, 2010.

Depreciating the practice of relying on private books, the court observed: “It is necessary to mention that the Respondents were deprived of their consideration to the posts reserved for OBCs only on the ground that the castes to which they belong did not find a place in “Swamy’s Compilation on Reservations and Concessions” book.

The court said that the Union of India ought to have referred to the Resolutions of the National Commission for Backward Classes and the Central List that were prepared by the Government of India from the official publications.

The court, dismissing the appeal, directed the Union of India to appoint them as Constables GD, CRPF, in the posts reserved for OBCs in the advertisement dated 24th July, 2010. The government was also cautioned not to deny the appointment on the ground that they are now over-aged, provided they fulfil the condition of fitness.

Read the Judgment Here

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  • IDIA’s Annual Awards and Conference on “Law, Leadership and Creativity”

    by on September 19, 2017 - 0 Comments

    Live Law News Network IDIA Charitable Trust (an organisation working towards empowerment of the underprivileged through legal education) recently held it’s IDIA Annual Awards Ceremony and Conference on 15-16 September 2017 in New Delhi. The session rounded off with a CHAMPS training session for IDIA scholars and team leaders on the 17th. IDIA Annual Awards […]

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