Source:- May 27, 2010
A mouth piece for common man A place of legal knowldge A platform for discussing legal issues
27 May, 2010
Surrogacy still not an option for Indian gay, lesbian couples
Source:- May 27, 2010
Dowry law applies to live-in relationships-Supreme Court of India
Source:-May 2, 2009
26 May, 2010
Supreme Court refuses to stay IIT results
The Supreme Court on Tuesday refused to entertain a public interest litigation petition seeking a stay on Wednesday's declaration of results of the IIT-Joint Entrance Examination for 2010-11 and slammed the petitioner NGO, Satya Foundation, for its “publicity stunt”.
Questioning the petitioner's locus standi and intention, the Court queried, “Did you ever bother to take up the cause of those killed in Dantewada (75 CRPF personnel) or those who lost their lives in the recent natural calamities?”
The petition had sought stay of the results on the ground that there were several errors in the instructions attached to the question paper and faulty marking system which it claimed undermined the prospects of over 3,000 students.
A Vacation Bench of Justices G. S. Singhvi and C. K. Prasad dismissing the PIL cautioned that any such stay would affect the career of over four lakh students and might lead to serious consequences including suicides by the aspirants.
The Bench rebuked Chetan Upadhyaya, secretary of the association, and said it would have imposed a huge cost on the petitioner but was refraining from doing so as he was a young man and appeared to have been misguided.
“Some students will even commit suicide. Who will be responsible for it if we stay the results? There are three types of PILs: Public Interest Litigation, Private Interest Litigation and Publicity Interest Litigation. This petition has been filed as a publicity stunt.” Senior counsel R. Venkatramani appeared for the Union Government.
The Delhi High Court had on May 19 dismissed the NGO's plea for staying the results but kept the petition pending with a direction to the IIT's organising committee for JEE to demonstrate before it on June 2 the software adopted for evaluation of answer sheets. It had also sought an affidavit from the committee about corrective measures taken to protect the aspirants from any disadvantage.
Even as the High Court was seized of the matter, the NGO sought to approach the apex court for stay of the results scheduled for Wednesday which evoked the Bench's ire and rebuff. - PTI
Source:- Wednesday, May 26, 2010
http://www.hindu.com/2010/05/26/stories/2010052659250400.htm
25 May, 2010
Apology in a contempt proceeding must be given at the earliest:Before accepting an apology, the court must find that it is bona fide
A Bench of Justices G.S. Singhvi and A.K. Ganguly said that when the High Court exercised its contempt power under the Contempt of Courts Act, “it is virtually exercising the same as a guardian of the subordinate judiciary to protect its proceedings against an outrage and affront.”
The Bench said: “When contempt takes place in the face of the court, people's faith in the administration of justice receives a severe jolt and precious judicial time is wasted.”
At the same time, the Bench said: “An apology in a contempt proceeding must be offered at the earliest possible opportunity. A belated apology hardly shows the ‘contrition which is the essence of the purging of a contempt.”
Justice Ganguly writing the judgment, however, said: “It is not incumbent upon the court to accept the apology as soon as it is offered. Before an apology can be accepted, the court must find that it is bona fide and is to the satisfaction of the court. However, court cannot reject an apology just because it is qualified and conditional provided the court finds it is bona fide.”
Further “even if it is not belated where apology is without real contrition and remorse and was merely tendered as weapon of defence, the court may refuse to accept it.”
In the instant case, the appellant, Ranveer Yadav, challenged the Patna High Court order awarding two months' simple imprisonment to him and a fine of Rs. 2,000 for contempt of court for causing disturbance in a sessions court during the trial of a criminal case in which he was cited as a witness. The High Court took up contempt proceedings on a reference from the trial court against six contemnors, Bharat Yadav, Bimal Yadav, Ajay Yadav, Pandav Yadav and Madan Yadav, accused in the case and against the appellant.
While other five contemnors were let off with a reprimand, the appellant was punished.
The present appeal is directed against that order.
Appeal dismissed
Dismissing the appeal, the Bench said: “The offending acts of the appellant constitute contempt in the face of court. The offending acts of the appellant certainly come within the ambit of interference with the due course of judicial proceeding and are a clear case of criminal contempt. The High Court, in the impugned judgment, therefore was correct in holding the appellant guilty and also in punishing him with the sentence it has imposed.”
Source:- Wednesday, May 19, 2010
Justice Delayed is Justice Denied:She fought 25 years for Rs 84 for her bonus, will get Rs 2K
In 1984, Padmawati was informed that a bonus of Rs 84 — promised to her by her employer M/s Superbazaar co-operative store — will not be given. Sixty-six other labourers also learned that they will get no bonus.
‘‘I worked in Superbazaar during 1983-1984 as a packer on piece-rate basis. The management declared a bonus for the duration we worked. However, when we asked for it the company refused,’’ recalled Padmawati, who is now 50 years old. All 67 employees then filed a case against the store through their counsel, Ashok Aggarwal.
Even as the hearing began in 1984, it took 15 years for the court to settle the case. While in December 1999, the labour court in Tis Hazari decided in favour of the labourers and directed the store to pay them within three months, the ordeal did not end there. The store moved Delhi high court in 2000 challenging the trial court’s order and managed to get a stay. Twenty-five years later — on May, 2010 — the petitioners finally got justice with the cooperative store agreeing before the HC to pay them their due on pro rata basis.
‘‘The respondent’s workmen are directed to appear before the registrar general of this court, along with documents in support of their identity, to get the payment,’’ the court said, expressing concern over the fact that the payments were delayed “by over 10 years”.
Padmawati will get over Rs 2000, including interest. But she is the least satisfied. ‘‘I never knew it would take a lifetime before we get our money. I had given up hope. I will get a lot more than Rs 84, but the battle was still not worth giving 25 years,’’ she said. Ashok Aggarwal said, ‘‘It took a long time but any order in favour of the workers is a landmark judgment.’’
Source:- The Times of India 24 May 2010 Delhi 7
14 May, 2010
Muslim man's wedding void if woman fails to convert-Allahabad High Court
May 11, 2010
13 May, 2010
PARLIAMENT PASSES EMPLOYEES’ STATE INSURANCE (AMENDMENT BILL) 2009
Keeping in-view the changing economic scenario, the Act needed important amendments. The salient features of the amendments are as follows:—
- The age limit of the dependants has been enhanced from 18 to 25 for the purpose of dependants’ benefit. It will benefit large number of workers.
- It extended social security benefits to those apprentices who are covered by Standing Orders and also to those trainees whose training is extended to misuse exemption granted to apprentice from provisions of the ESI Act.
- The definition of “Factory” under Section 2(12) has been amended to facilitate coverage of smaller factories and cover all factories which employ 10 or more persons whether these are run by power or without power.
- DG-ESIC is being made Chairman of Medical Benefit Council to improve quality of medical benefits.
- It enabled ESIC to appoint consultants and specialists on contract basis for better delivery of super-speciality services.
- The post of Insurance Inspector is re-designated as Social Security Officer to give them the role of facilitator rather than to act as mere inspectors.
- The procedure for determination of contribution has been streamlined to avoid harassment of employers as the Inspectors now no more to inspect the books of accounts of the establishment beyond five years as under present system of unlimited period.
- It has added the benefit for workers for the accidents happening while commuting to the place of work and vice versa;
- State Governments are allowed to set up autonomous organisations to give ESI Scheme benefits.
- It extended medical treatment to those who retire under Voluntary Retirement Scheme or take premature retirement.
- It enabled ESIC to enter into agreement with any local autho-rity, private body or individual for commissioning and running ESI hospitals through third party participation wherever the hospitals are not fully utilised on account of closure of factories or Insured Persons not being available.
- It will improve the quality of its service delivery and raise infrastructural facilities by opening medical colleges and training facilities in order to increase its medical and Para- medical staff.
- It provided for grant of exemption by appropriate Government to factories/establishments only if the employees get substantially similar or superior benefits.
- The exemptions shall be granted only prospectively as the ESIC already has made provision of infrastructure to provide service to the IPs for the past period.
- A new Chapter V-A has been added to enable provision for extending medical care to non insured persons against payment of user charges to facilitate providing of medical care to the BPL families and other unorganised sector workers covered under the Rashtriya Swasthya Bima Yojana (RSBY).
These amendments will ensure coverage of more workers under the ESI Scheme in the organised sector and will also enable the ESI Corporation to participate in schemes such as RSBY that may be framed for the workers in the unorganised sector. The amendments are also aimed at improving service delivery to the existing members of ESI Scheme as well as bringing the provisions of the Act in tune with the changing circumstances.
For any querry:- deepakmiglani@hotmail.com
02 May, 2010
Some Important points to prevent abuse of Section 498(A) and strengthen your case
- Always remember! No counseling is better than the couple and their kids thrash it out among themselves.
- To err is human! Mistakes can take place from both the sides. One should not misuse any law to cover one’s own mistake.
- Try counseling on both of you before you decide to knock the doors of police station.
- Never exaggerate what had happened to you. In other words, be clear, frank and specific about the issue.
- Never include the persons who are NOT connected with the harassment. Be honest.
- Always remember! 498A is not a law to take revenge but punish those responsible for harassment severely so that others learn a lesson.
- There are many vested interests around to take undue advantage of your helplessness. They might misguide you by exaggerating the facts, adding those who are unconnected with the harassment to the list of accused, exaggerating the amount of dowry etc.
- Should you need help in expressing your woes, please take the help of reputed voluntary organisations or help lines only. Avoid the unscrupulous persons who always promise you to get your dowry amount back and extort money from the accused side and dilute your case.
- Ensure your presence while someone drafts the complaint for you and ask him to read it out before you lodge it in the P.S
- Some victims are misguided to exaggerate the contents of the complaint in order to make it a STRONG case. The truth is entire strength of the case hinges on quality of evidence that is provided by the victim. If the contents of the complaint are not supported by the facts on the ground, cases become very weak and genuine victims suffer
- If any policeman or the officer concerned demands money for investigating the case and arrest the accused, do not give in. Bring it to the notice of his or her superiors.
- Never forget that both the daughter and daughter in law deserve similar affection and care.
- Remember! 498A is not a tool to force the other party for divorce. There are so many of other legal procedures to find solutions to the incompatibilities in the marriage.
- 498A is also not a tool to get the custody of children. There are other alternate legal methods for this.
- Never force the police to arrest the accused on same day of lodging complaint as gathering credible evidence takes some time. However, you can help the police expedite the investigation by providing most of the evidence at the time of lodging complaint itself.
- If you have the information that the accused are planning to leave the country, you can always bring it to the notice of the concerned investigating officer without delay. Police can alert all the international airports or sea ports for their detention, if needed.
- If you are a parent, lodge a complaint only after you ascertain the facts in detail from your daughter. Her statement is vital for the investigation.
- Conviction rate in 498A cases is very poor in the country as a whole. There are many reasons for this. You can help us improve this by NOT retracting during trial from what you have said during investigation.