25 November, 2015
Maternity Benefit - No provisions under M.B. Act fixing any ceiling on the number of deliveries made by a female worker; As per Article 42 of Constitution read with provisions of M.B. Act, every female worker covered by Act is entitled to claim maternity benefits without any ceiling on number of deliveries
MADRAS HIGH COURT
For the Petitioner :- Mrs. Uma Ramanathan, Advocate.
N. Mohammed Mohideen - Petitioner
Deputy Commissioner of Labour (Inspection) Chennai - Respondent
For the Respondent No. 1 & 2 :- Mrs. Geetha Thamaraiselven, Advocates.
For the Respondent No. 3 :- Mr. M. Muthupandian, Advocate.
2. The short question that arises in these two writ petitions is whether the third respondent in each of the writ petitions are entitled to get maternity benefit in respect of the maternity leave availed by them for delivering their third child.
25 November, 2015 by Puneet Batish · 0
SUPREME COURT OF INDIA
For the Petitioner :- Mr. Gurav Banerjee and Mr. R.B. Misra, Advocates.
State of U.P. - Petitioner
Smt. Jaya Quddusi - Respondent
For the Respondent :- Gopal Subramaniam, Sr Advocate and Ms. Sandhya Goswami,
by Puneet Batish · 0
22 November, 2015
BOMBAY HIGH COURT
For the Appellant :- S.G. Karandikar with G.B. Karandikar, Advocates.
Tarabai Dattatraya Guirathi - Appellant
Rangnath Vishwanath Gujarathi - Respondent
For the Respondent :- G.R. Rege, Advocate.
V.H. Bhairavia, J. - This appeal is by the original defendants against the judgment and order dated 10th March, 1983 passed by the 11 Extra Assistant judge, Nasik, in Civil Appeal No. 339 of 1980, confirming the judgment and decree dated 29th July 1980 passed by the learned Civil Judge, Junior Division, Sinnar, in Regular Civil Suit No. 60 of 1972.
22 November, 2015 by Puneet Batish · 0
21 November, 2015
"Use of beacon on government and private vehicles should be drastically restricted so that right of freedom of movement of people is not affected," the court said.These days having a red beacon on the vehicle is considered as a status symbol. The Hon'ble Supreme Court said, "Status is enhanced not by traveling in red beacon vehicles but by work done by them (people)."
A bench headed by Justice G S Singhvi, have suggested the centre as well as state governments to make such provisions in the law that least number of vehicles should be allowed to use the red beacons, so that common man have to bear less inconvenience.
The bench was hearing a petition filed by an Uttar Pradesh resident on misuse of beacon in the state. Further, the court has said that it will decide on the next date whether to impose hefty fine amounts on misuse of red beacons.
The bench has said that beacons and sirens should be used only on ambulance, fire services vehicle, police and army vehicles.
Further it would be worth to mention here that court has strongly disapproved the police protections given to MP's and MLA's who are not facing any security threat in an earlier proceeding. The court has also directed the centre and state governments to name of the persons who have been given such security and the expenditures that have been spent on them.
21 November, 2015 by Puneet Batish · 1
20 November, 2015
There may be times, when you see your own images on profiles on various social networking websites like facebook that you don't have access to. These can be fake profiles, that someone may have created to humilitate you. The case may be even severe when such fake profile contains abusive or obscene content about someone. In such cases, people usually feel helpless, and get sick cause of such cyber-social torture. Below is the real case of someone, where exactly same thing happened to the victim.
We suggest you to not panic, but act on right time. You have the legal rights against the imposter. Report it to the local authorities before it gets late. We are also here to help you, contact us, and we'll do our best to help you.Read the below case to know more about such humiliation, and your legal rights and remedies.
Criminal Petition No. 257 of 2011
For the Petitioner :- H.R.A. Choudhury, Md. Giash Uddin, Md. M.J. Quadir and S.Y. Admed, Advocates.
For the Respondent :- H. Buragohain, C.G.C.
For the Opposite Parties/Respondent :- Ms. T. Khro, Government Advocate, Nagaland.
For the Amicus Curiae :- Z. Kamar, Advocate.
Criminal Procedure Code, 1973, Section 482 - Indian Penal Code, 1860, Sections 500, 506, 507 and 509 - Information Technology Act, 2000, Sections 66-A, 66-E and 67-A - Offence under the Information and Technology Act - Petition for quashment of F.I.R. and charge-sheet - Every police officer of the rank of Inspector of Police or above that is competent to investigate an offence under the I.T. Act - It is not necessary that he should be specially empowered by the Central Government to investigate the offences under that Act - A reading of F.I.R. as a whole and the facts alleged therein constitute offences under the I.P.C. as well as under the I.T. Act - No case for quashing made out - Petition dismissed. [Paras 12 to 23]
Cases Referred :
1. Kailash Chandra Pareek v. State of Assam, 2003 (10) AIC 566.
2. Latif Ahmed Bin Hussain v. State of Assam, 2003 (7) AIC 704.
3. R.P. Kapoor v. State of Punjab, AIR 1960 SC 866.
4. State of Bihar v. Mohd. Khalique, (2002) SCC 652 = 2002 (44) ACC 587 (SC).
5. State of Haryana v. Bhajanlal 1992 Supp(1) SCC 335 = 1991 (28) ACC 111 (SC).
20 November, 2015 by Puneet Batish · 3
19 November, 2015
RAJASTHAN HIGH COURT
S.B. Cr. Revision Petition No. 131 of 2011. D/d. 5.5.2011.
Sukrit Verma and another - Petitioner
For the State :- Mr. Laxman Meena, Public Prosecutor.
For the Respondent No. 2 :- Mr. S.R. Bajwa, Senior Advocate with Mr. Snehdeep, Advocate.
A. Protection of Women from Domestic Violence Act, 2005, Section 3 - Domestic Violence - What acts constitute domestic violence - Husband and wife of Indian origin living in America - Husband ridiculed his wife for her dark complexion - Despite the unwillingness of wife to go to nude camps, husband would drag her there - These acts fall within the definition of domestic violence contained in Section 3 of the Act.
B. Protection of Women from Domestic Violence Act, 2005, Sections 20 and 26 - Criminal Procedure Code, Section 125 - Domestic violence - Grant of maintenance to wife under Section 20 of Prevention of Domestic Violence Act - Maintenance would be in addition to maintenance paid under any other law being in force for the time being - Therefore, the provisions of the Act are supplementary to provisions of other law in force, which guarantee the right of maintenance to the women. 2010(7) RCR (Crl.) 1287, relied.
C. Criminal Procedure Code, Section 125 - Protection of Women from Domestic Violence Act, 2005, Section 20(6) - Domestic violence - Wife entitled to claim maintenance - Inability of earning of husband not a valid defence - As per Section 125(3) of Cr.P.C., if a husband does not maintain his wife, after an order has been passed in favour of the wife, he is liable to be imprisoned - Of course, while granting maintenance the court has to weigh the comparative hardship of the husband and of the wife - In case the wife has sufficient means to maintain herself, and in case the husband does not have any means whatsoever, in such a scenario the court may not impose the liability of maintenance upon the husband.
D. Protection of Women from Domestic Violence Act, 2005, Section 20(2) - Domestic Violence - Quantum of maintenance - Wife living separately due to acts of domestic violence of her husband - She is entitled to claim maintenance from husband - Section 20(2) of the Act casts a duty upon the Court to award a fair, adequate and reasonable maintenance while keeping in mind the standard of living to which the aggrieved person has used to - In the present case since the wife had lived in the USA, naturally she was used to a high standard of living - Therefore, the maintenance of $ 2000 per month is most fair, and reasonable.
E. Protection of Women from Domestic Violence Act, 2005, Section 20 - Domestic Violence - Grant of maintenance to wife - Contention of husband that he had no financial means - Mere assertion not sufficient - It is essential for husband to establish this fact - Even after direction by Court husband failed to submit relevant statements of his bank accounts - Court justified in drawing adverse inference.
F. Protection of Women from Domestic Violence Act, 2005, Sections 10(iv) and 20 - Economic abuse - Meaning of term "economic abuse" explained - The Act has defined economic rights of the women, the right to stridhan, the right to maintenance, the right to have access to the joint property owned by the aggrieved party, the right to shared household etc.
G. Protection of Women from Domestic Violence Act, 2005, Section 20 - Domestic violence - Reliefs to wife - Scope of Section 20 explained - Held,
- (i) Section 20 of the Act is meant to ameliorate the financial condition of the aggrieved person, who may suddenly find herself to be without a hearth and home - Financially, the aggrieved person may exist in a suspended animation, if she is neither supported by the husband, nor by her parents - In order to protect women from such a pergutory, Section 20 bestows a right to seek monetary relief in the form of compensation and maintenance - Section 20, is a powerful tool for ensuring gender equality in economic terms - Section 20, does not contain any exception in favour of the husband - In fact, it recognises the moral and legal duty of the husband to maintain the wife.
Cases Referred :Sanjay Bhardwaj v. State, 2010(7) R.C.R.(Criminal) 1287.
19 November, 2015 by Puneet Batish · 0
16 November, 2015
FIR lodged in an offence, but police taking no action - Complainant can lay a complaint before Magistrate under Section 190 read with Section 200 CrPC - If Magistrate finds that complaint/evidence recorded prima facie discloses an offence, he is empowered to take cognizance of the offence and would issue process to the accused
SUPREME COURT OF INDIA
For the Appellant :- Parmanand Katara, Sr. Advocate, Manjeet Chawla, Kusum Lata Sharma, Albel Bhati, Advocates.
Hari Singh - Petitioner
State of U.P. - Respondent
Arijit Pasayat, J. - This petition was filed under Article 32 of the Constitution of India, 1950 (in short the 'Constitution') is for a direction to conduct enquiry by the Central Bureau of Investigation (in short the 'CBI') into the murder of one Yashvir Singh, son of the petitioner. The allegation is that though First Information
16 November, 2015 by Puneet Batish · 0
15 November, 2015
According to the sources (IBNLive) accused Savitri filed a complaint in Jtara police station for being a victim of gang rape on 28 March,1998. Police arrested the accused in the gang rape case namely Chinga, Mushtaq Ali, Suresh Lahor and bablu Ahriwar and presented them in the court. On 22 April 1999, the judge S C Sinha pronounced punishment to accused Bablu, and acquitted the other three accused due to the lack of evidence.
After that during appeal the court on the guidelines of the special judge in 1999 have filed a complaint for filing false FIR of gang rape and for getting hostile at the time of evidence. After completing the hearing of this case the honorable court pronounced 10 years of imprisonment to accused Savitri on finding her guilty in this case.
15 November, 2015 by Puneet Batish · 6
11 November, 2015
PUNJAB AND HARYANA AT CHANDIGARHCriminal Miscellaneous No. M- 19763 of 2014
DATE OF DECISION : June 02, 2014
MANJOT KIDE AND ANOTHER .......PETITIONER(S)
CORAM : HON'BLE MR. JUSTICE S.S. SARON
STATE OF PUNJAB & ORS. .... RESPONDENT(S)
Present: Mr. Sukhmeet Singh, Advocate, for the petitioners.
S.S. SARON, J. (Oral)
The petitioners had a liking for each other and they wanted to solemnize their marriage amongst themselves. However, parents of petitioner No.2-Jasvir Kaur did not allow them to do so.
11 November, 2015 by Puneet Batish · 0
09 November, 2015
PUNJAB AND HARYANA HIGH COURT
For the Petitioner :- Mr. R. S. Cheema, Sr. Advocate, Mr. S. S. Narula Advocate with him.
Baldev Raj - Petitioner
The State of Haryana - Respondent
For the Respondent :- Mr. K.S. Godara, AAG, Haryana.
09 November, 2015 by Puneet Batish · 0
02 November, 2015
Often seeing pictures of beautiful young girls Facebook friend requests are sent by people.
02 November, 2015 by Sneha Jaiswal · 11
01 November, 2015
PUNJAB AND HARYANA HIGH COURT
Criminal Appeal No. 27-DBA of 1993. D/d. 15.10.2003
M/s Jai Maa Bhawani Financiers Pvt. Ltd. Pathankot - Appellant
For the Appellant :- Mr. Pawan Kumar, Advocate.
For the Respondent :- Mr. Lekh Raj Sharma , Advocate.
A. Criminal Procedure Code, Section 320 - High Court may allow any person to compound any offence which such person is competent to compound. [Para 4]
B. Nagotiable Instruments Act, Section 138 - Criminal Procedure Code, Section 320 - Dishonour of cheque - Conviction of accused - Parties allowed to compound the offence and accused acquitted of charge - Offence under Section 138 of the Nagotiable Instruments Act is compoundable. [Para 4]
01 November, 2015 by Puneet Batish · 0