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Kamala Mills fire: Relatives of ‘1Above’ owners granted bail

The case was registered under Section 216 of Indian Penal Code (IPC). The Mumbai police has also issued a lookout notice against all the accused in the case. The massive fire reportedly had broken out from the '1Above' rooftop restaurant and later spread to the entire area, on the intervening night of Thursday and Friday. ”
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–><!–end of breadcrumbx–>Kamala Mills fire: Relatives of ‘1Above’ owners granted bail Aditya, who was released
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Sunday 31 December 2017 19:34 ISTMust readMumbai fire: BMC carries out demolition drive against illegal structures in Kamala Mills areaKamala Mills fire: Escape to Nowhere<!–end of artlmustredbx–><!–end of articllftpbx–>The relatives of Sanghavis’ – the owners of ‘1Above’ restaurant, which has been held responsible for the massive fire at the Kamala Mills that claimed 14 lives – Aditya and Rakesh, were granted bail, on Sunday.”I am a relative of the owners of ‘1 Above’ restaurant. We have no connection with the restaurant. We don’t know why we were arrested. I have no idea where the owners are,” Aditya told ANI. The Brihanmumbai Municipal Corporation (BMC) yesterday lodged a complaint against two Kamala Mills pubs – ‘1Above’ and Mojo’s Bistro – in connection with the midnight blaze. Mumbai’s Byculla Police, then, registered a case against the uncle of Sanghavi brothers, the absconding accused and owners of ‘1Above’, for allegedly shielding them in connection with the fire.The case was registered under Section 216 of Indian Penal Code (IPC). The Mumbai police has also issued a lookout notice against all the accused in the case. The massive fire reportedly had broken out from the ‘1Above’ rooftop restaurant and later spread to the entire area, on the intervening night of Thursday and Friday.

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Accused confessed to Samachar Apt murder in diary: Delhi Police

Documenting a crime in a diary by the accused is not usual, but while probing the infamous Samachar Apartment murder of 2016, the Delhi Police stumbled upon a register with a detailed description of the killing.In its charge sheet, the police have said that hours after the murder, the accused Charu Verma had written in a register that she did not want to kill the 64-year-old Vijay Kumar, a retired government official and that her hands were trembling after the incident.A spiral register that the police found at Verma’s residence during search had written her confessions in the diary…’mera irada iss buddhe ko maarne ka nahi tha’along with other details of the murder.Verma told the police that on July 20, 2016, she had gone to take her rape video clip from the deceased. However, instead of giving her the clip, Kumar tried to sexually assault her. Irked by this attempt, she took the knife from the table and stabbed him several times.Verma also confessed that she took the LED TV along with her because according to the deceased, the video clip was saved in the TV, the police said in the chargesheet. They said that the TV and the blood-stained clothes of the accused were recovered from a drain in the Dabri area.According to the police, she had thrown the case related material in the drain at Dabri where she had reached after boarding an auto from Samachar Apartment. The police also investigated the visitor’s register at Samachar Apartment where they found that the details filled were false.Police had narrowed down to the accused by examining the CCTV footage of the cameras installed at the residential society. The call detail records of the accused were also examined before nabbing her on July 23, 2016.Meanwhile, a plea has been filed by advocate Rishi Pal Singh, counsel for the accused, for revision of the section under which she has been charged.”We have filed a revision petition for changing the section. We want the section of 302 (murder) to be changed to 304 (culpable homicide not amounting to murder) as the incident had taken in the spur of the moment,” the advocate said.Kumar was found murdered in his flat at Samachar Apartment on July 20, 2016, with several wounds on his body. An LED TV was also found missing from his house.

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Rayalaseema Express derails in Telangana, passengers safe

The Rayalaseema Express train derailed near Sirnapally in Nizamabad district on Saturday morning.All the passengers were reported to be safe and unhurt in the accident.Central South Zone Railways spokesperson Uma Shankar told ANI, “Rayalaseema express was derailed near Sirnapally. All the passengers are safely moved to Nizamabad station.””In between Uppalvai and Sirnapalli stations on Secunderabad – Mudkhed section, two wheels of a coach of Tr. No. 12793 Tirupati – Nizamabad Express slipped the track at around 08.05 hrs today. Acting swiftly, railway authorities transshipped passengers of the train to their destination,” Shankar informed.Due to the derailment, the train traffic on the section was affected for few hours.The spokesperson said the section is expected to be restored for normal train services by afternoon.

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Restrictions imposed in parts of Srinagar after separatists’ call for protests

Authorities today imposed restrictions in parts of Srinagar to maintain law and order in view of protests called by separatists.Restrictions have been imposed in seven police station areas of Srinagar, a police official said.He said restrictions under Section 144 CrPc have been imposed in Safakadal, Nowhatta, Khanyar, Rainawari and M R Gunj police station areas of the city, while partial curbs were in force in Maisuma and Kralkhud areas.The curbs have been imposed as a precautionary measure to maintain law and order, the official said.Separatists yesterday called for peaceful protests after Friday prayers today against the killing of civilians in Shopian and Kupwara districts of Kashmir.Also readTwo terrorists killed in encounter, one woman dies in cross-fireA woman was killed in south Kashmir’s Shopian on Tuesday during an encounter in which two militants were also killed.Another woman was killed in cross-fire in Handwara area of Kupwara in north Kashmir during an encounter on December 11.The separatists, under the banner of Joint Resistance Leadership (JRL), have appealed people to observe protest after Friday congregational prayers.Meanwhile, authorities have placed Mirwaiz under house arrest, while Geelani continues to remain under house detention for some time now.”Put back under #House Arrest, was released yesterday evening only !! Mirwaiz said on Twitter.

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Special Court acquits Essar, Loop promoters

The special court acquitted Essar Group promoters Ravi Ruia and Anshuman Ruia in the 2G (second generation) spectrum allocation scam on Thursday. Besides Ruias, the court also acquitted Vikash Saraf, one of the Essar Group directors, Loop Telecom promoters IP Khaitan and Kiran Khaitan, and three companies — Loop Telecom Ltd, Loop Mobile (India) Ltd and Essar Teleholdings Ltd.The Central Bureau of Investigation (CBI) had filed a separate case alleging Essar Group had cheated the Department of Telecommunication (DoT) by using Loop Telecom Ltd as a front to secure 2G licences in 2008.It was alleged that Loop Telecom Ltd was front company of Essar Group to acquire 21 Unified Access Services (UAS) licences and spectrum violating laid out guidelines by DoT.Acquitting everyone one in the case, CBI Special Judge OP Saini in the judgement said, “The prosecution has not been successful in proving any of the ingredients either of the offence of conspiracy to cheat DoT or of the substantive offence of cheating. Accordingly, I have absolutely no hesitation in holding that prosecution has miserably failed to prove any charge against any of the accused. Consequently, all accused are entitled to be acquitted and are accordingly acquitted.”Welcoming the judgement, the Essar Group in a statement said, “We are thankful to the court for the judgement as it vindicates our stated position and the court has appreciated it.”The case allegedly is a case of criminal conspiracy to cheat the DoT into issuing 21 UAS licences to Loop Telecom Ltd, an ineligible company, as it was a front of Essar group of companies, which was already having more than 10% equity in an existing pan India licensee, that is, Vodafone Essar Ltd. In pursuance to the conspiracy, the DoT was in fact allegedly cheated also into issuing these licences, the CBI had stated in its FIR and chargesheet.On October 21, 2009, the CBI registered has an FIR against unknown officials of DoT, unknown private persons and companies and others for the offence punishable under Section 120­B IPC read with Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 (PC Act), on allegations of criminal conspiracy and criminal misconduct, in respect of allotment of Letters of Intent (LOI), Unified Access Services (UAS) Licenses and spectrum by the DoT.Essar hails orderWelcoming the judgement, the Essar Group in a statement said, “We are thankful to the court for the judgement as it vindicates our stated position and the court appreciated it.” The case allegedly is a case of criminal conspiracy to cheat the DoT into issuing 21 UAS licences to Loop Telecom Ltd, an ineligible company, as it was a front of Essar group of companies, which was already having more than 10% equity in an existing pan India licensee, that is, Vodafone Essar Ltd.

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Satisfied with verdict: Anju Singh’s mother on Suhaib Ilyasi’s life term

Anju Singh’s mother today expressed satisfaction over the life term awarded to Suhaib Ilyasi for killing her daughter after a 17-year-long battle.The former TV anchor and producer was awarded the sentence by a Delhi court which said that he “committed murder and gave it a colour of suicide”.Rukma Singh, who arrived from Patna to attend today’s proceedings, said, “I’m satisfied with the verdict. As long as he is convicted I’m fine.”She told the reporters that she had spoken to her granddaughter, who was three-year-old at the time of the incident, and had seen her.”She resembles Anju a lot,” she said.Her lawyer Satender Sharma said that Rukma had met her granddaughter, currently in Ilyasi’s custody, in 2008 on her birthday, adding that she had visiting rights and used to meet her on special occasions like birthdays.Rukma had earlier alleged that Ilyasi used to torture his wife for dowry and later moved the Delhi High Court for adding the charge of murder against him.The high court had allowed her plea and in August 2014 it ruled that the TV producer would be tried under Section 302 of the IPC for the offence of murder.

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No plans to currently abolish articles 35A and 370: Govt tells Parliament

The government today said there was no proposal as of now for abolition of articles 35A and 370 which give special status to Jammu and Kashmir.The reply came in response to the question posed by Akali Dal MP Sukhdev Singh Dhindsa about the status of abolishing Article 35A and Article 370. “No proposal regarding abolition of Article 35A and Article 370 in respect of Jammu and Kashmir is at present under consideration of the government,” Union Minister of State for Home Hansraj Ahir said replying to a written question.Abrogation of Article 370, that gives autonomous status to Jammu and Kashmir, continues to be a part of the core ideology of the ruling BJP, but the party maintains that it does not have enough numbers in Parliament to do away with it. In case of Section 35A, a writ petition was filed in the Supreme Court by an NGO seeking its abrogation.Also readJ&K special status: SC defers verdict on constitutional validity of Article 35A by 3 monthsThe PIL said the Jammu and Kashmir government, under the guise of articles 35A and 370, were discriminating against non-residents who are debarred from buying properties, getting a government job or voting in the local elections. Article 35A was added to the Constitution by a presidential order in 1954 and it empowers the state legislature to define the state’s “permanent residents” and their special rights and privileges.While the Jammu and Kashmir government contested the petition saying the president had the power to incorporate a new provision in the Constitution by way of an order, the Centre had expressed its reservations.It filed a reply and requested the apex court to refer the matter to a larger bench as constitutional issues were involved in the case.The matter is currently sub-judice.

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Watch | This video of man brutally thrashing dog with belt in Bhubaneswar will bring tears to your eyes

In a grave incident of animal cruelty, a man was caught on camera brutally thrashing a dog in Odisha.The man in Bhubaneswar was seen mercilessly hitting the animal with his belt in the 21-second video posted by ANI.The cases against animal cruelty have gone up in the recent times. In another incident on December 9, the video of a ex-army man in Punjab killing a dog with a gunshot went viral. In the video former soldier Ajit Son and his neighbour Satvir Singh were seen killing the dog by firing two shots at the poor animal. After outrage from animal rights activists and public cry over the incident, the two men were both booked by Punjab Police.The pet owner, however, defended the act saying that the dog had to be killed as it was “unstable and imbalanced” for the past few days. In another horrifying incident, two medical students in Vellore threw a dog from the terrace. The 21-year-old Vishesh Iyengar, a mechanical committed the heartless act on October 24. Vishesh had a history of torturing street dogs and placing them at high rise buildings or heights and would wait for them to fall down.He was soon arrested after the incident however was released later on ball. The FIR against the cruel engineering student was registered under Section 429 of Indian Penal Code (Mischief by killing or maiming cattle), Section 11 (1) (Treating animals cruelly) (l) (mutilates any animal or kills any animal in a cruel manner) of Prevention of Cruelty Act.

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2 men arrested for smuggling gold at IGIA

The customs officers at the Indira Gandhi International Airport (IGIA) on Saturday caught two men for allegedly trying to smuggle gold worth over 50 lakhs into the country by hiding it in the transformer of a microwave oven. Both were arrested and the gold was seized from them.According to the officers, the two men, aged 21 and 34, arrived at the IGI airport from Dubai in different flights. When the duo was about to exit the green channel, it was then that they were stopped by the customs sleuths deployed at the terminal 3 and were asked to cooperate for a thorough frisking.”It was then, while checking their baggage, that a microwave transformer was recovered in which two gold cylinders were found concealed. The market value of these gold cylinders weighing 2,000 grams is worth Rs 56.6 lakh,” an airport official said.The officials said that both of them were asked about the gold but since they could not provide any satisfactory reply, they were arrested under the provisions of Section 104 of the Customs Act, 1962, and the gold was seized.Further investigation is underway, the officer said. Customs at the IGI airport has stepped up vigil following repeated cases of gold smuggling busted at the airport recently.

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Cops caught between couple’s blame game

The police got trapped in the case of a woman leaving her husband’s house and staying separate with her husband’s friend. Police has filed a case under Section 497 of IPC but considering this case related to the adultery law, it is non cognisable and handed it over to the court to settle the whole case.It is noteworthy that while hearing a PIL in the past, the Supreme Court has also asked to consider a change in the old 497 section and asked for convicting women also with men in such cases.A person residing in Paharganj area lodged an FIR in the Mandore police station on Tuesday that he had been married for twelve years. He has two children from this marriage. He lived in Bawadi earlier but due to his job, he came to Paharganj and started living there.He became a friend of a contractor there. This man always kept coming to his house. During this, his friend made an illegitimate relationship with his wife. Now his wife left him and is staying with his friend in a different house. According to the police, this case under this section is non cognisable. In this case, we have handed the case to the court.

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Sec 144 imposed at Udaipur, net, social media muzzled

Suspecting a law and order “problem” that may be triggered by anti-social elements in Udaipur after the heinous murder of Afrazul, the Udaipur District Magistrate Bishnucharan Mallik issued an order and imposed Section 144 of the Indian Penal Code in the district from 8 pm on Wednesday evening till next order.The District Magistrate said during the prohibition, there will be restrictions on conducting collective events and planning of dharna demonstration, rally and shocking speeches while none can roam with a sharp weapons or a sticks. Strict legal action would be taken against the infringers. Strict legal action will also be taken against those who send messages, images or videos that spoils the communal harmony on social media.Moreover, Divisional Commissioner Bhawani Singh Detha issued an order to suspend internet services in the entire border area of Udaipur district for 24 hours. Meanwhile, 2G, 3G and 4G data, Internet service, bulk SSS, MMS, WTSAP, Facebook, Twitter and other social media services being provided by various mobile service providers will remain suspended. This suspension is effective from 8 pm onwards.A special cell has been set up in the office of District Magistrate and the District Superintendent of Police, through which vigilance is being kept any post, image and video being circulated on social media. If any message, comment, picture or video that is spreading hatred and malice will be broadcast then strict action will be taken against.Moreover, the DM has also banned entry of one Updesh Rana after his video went viral. In the video Rana claimed to be reaching Udaipur on Thursday which could create tension between communities.

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Nationwide raids on 9 Bitcoin exchanges

Multiple teams of tax sleuths Wednesday, investigating virtual currency Bitcoin’s investors and transactions, conducted raids at nine cryptocurrency exchanges in Delhi, Bengaluru, Hyderabad, Mumbai, Kochi, Hapur and Gurugram.The raids come a month after the Supreme Court issued notice to the Centre and its agencies, including SEBI, Income Tax Department, RBI and ED to apprise it about their stand on Bitcoin and other cryptocurrencies and how to regulate them.Beginning early morning, team of IT officials stormed 12 premises of prominent virtual currency exchanges, including Zebpay and Unocoin.Sources told DNA, “We are collecting the name of investors and their transaction details. The survey under Section 133A of the Income Tax Act, is being conducted for gathering evidence for establishing the identity of investors and traders, transactions undertaken by them, identity of other parties, bank accounts used, among others.”Bitcoin, though illegal in India, has jumped about 16-fold this year as investors continue to flock to this cryptocurrency as a safe investment option.”Even though virtual currencies do not have legal status in India, cryptocurrency exchanges have been adding over 3,500 users a day and now have reached 8 lakh downloads, said a source privy to the matter.DNA had first reported last month how cryptocurrencies were replacing the cash component in the real estate.Also, several real estate brokers, who have left the sector, are now luring investors to invest in Bitcoins, promising them returns of more than 300 per cent in just three months.Recently, the RBI issued an advisory, telling investors to beware of investing in cryptocurencies.However, despite the RBI refusal to give regulatory clearances, many leading Indian Bitcoin exchanges like Zebpay and Unocoin offers crypto coin trade, possiblly through online banking.The Finance Ministry had also constituted an Inter-Disciplinary Committee to review virtual currency both in India and globally and suggest measures to monitor these currencies.About the raidsThough illegal in India, Bitcoin has grown about 16-fold in 2016 Cryptocurrency exchanges have been adding over 3,500 users per day Nine cryptocurrency exchanges were raided, beginning early morning

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Ex-Jharkhand CM Madhu Koda found guilty in UPA-era coal scam

A Delhi court on Wednesday convicted former Jharkhand Chief Minister Madhu Koda and ex-coal secretary HC Gupta after they were found guilty of criminal conspiracy and corruption in a coal-block allocation scam case.Special Judge Bharat Parashar convicted the duo along with three others for irregularities in the allocation of Rajhara North coal block in Jharkhand to Kolkata-based private company, Vini Iron and Steel Udyog Ltd (VISUL).Besides the former chief minister and Gupta, others who have been held guilty are former Jharkhand chief secretary AK Basu, Koda’s close aide Vijay Joshi, and the company VISUL under Section 120(B) (criminal conspiracy) of Indian Penal Code and Section 13(1)(d) of Prevention of Corruption Act, which entails maximum punishment of seven years.Arguments on the sentence will be heard on Thursday.Four cases have been so far decided among the 30 cases arising out of the coal block allocation scam unearthed during the previous UPA regime.The court, while announcing the conviction, also acquitted four persons — VISUL’s former director Vaibhav Tulsyan and two public servants Basant Kumar Bhattacharya and Bipin Bihari Singh, and chartered accountant Navin Kumar Tulsyan of all charges.Koda is also an accused along with Gupta in another case pertaining to alleged irregularities in allocation of Amarkonda Murgadangal coal block in Jharkhand.Gupta, who was the coal secretary from December 31, 2005 to November 2008, was earlier awarded a two-year jail term for cheating, criminal conspiracy, and corruption in a different coal scam case.

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How aam aadmi is ‘misusing’ power of istagasa

When a crime is committed, the police registers a case. This is the basic logistic. However, there have been hundreds of incidents wherein the police is accused of siding with the perpetrator of any crime and refusing to register the particular matter. In such a scenario, a common man can approach the court and register a case under Section 156(3) of the Criminal Procedure Code (CrPC) called istagasa wherein the court would then direct the police station concerned to conduct investigation.The idea behind a aforementioned section is noble, however over period of time, it has appeared that the power has been misused by people in registering fake cases and troubling another person by regular questioning by cops.This has been corroborated by the fact that nearly three fourth of all cases registered in Rajasthan under 156 (3) CrPC since 2013 have found to be false under police investigation. A close look at the data reveals the same.In 2013, nearly 63,000 cases (62,976) were registered through istagasa of which 40,986 cases were found to be false – 72.23 per cent cases. In 2014, the number increase as 67,680 cases were registered of which 45,014 cases were found to be false – 73.14 per cent. In 2015 too 73.64 cases of 63,013 cases were found to be false.However in 2015, the Supreme Court gave a judgment in Priyanka Srivastav Vs state of UP and others, observing , “In our considered opinion, a stage has come in this country where Section 156(3) Cr.P.C. applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate. That apart, in an appropriate case, the learned Magistrate would be well advised to verify the truth and also can verify the veracity of the allegations. This affidavit can make the applicant more responsible. We are compelled to say so as such kind of applications are being filed in a routine manner without taking any responsibility whatsoever only to harass certain persons.”The Apex court also made it mandatory for the applicant to file an affidavit. “We have already indicated that there has to be prior applications under Section 154(1) and 154(3) while filing a petition under Section 156(3). Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed.The warrant for giving a direction that an the application under Section 156(3) be supported by an affidavit so that the person making the application should be conscious and also endeavour to see that no false affidavit is made. It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law. This will deter him to casually invoke the authority of the Magistrate under Section 156(3)” the order reads.Since the order, Rajasthan Police has seen a huge slump in the number of cases under 156(3) CrPC. Just in 2016, a decrease of nearly ten thousand cases was seen as 53,682 cases were registered compared to 63,013 cases in 2015.Furthermore till November 2017, only 40,702 cases have been registered denoting a further decrease in such cases.However, it may be noted that even though an affidavit is demanded to file with the case so that action can be taken if found to be false, three-fourth cases are still found to be false as in 2016 73.61 per cent cases in 2016 and 72.46 per cent cases – thus far – in 2017 have been found to be false.FACT SHEETIn 2013, nearly 63,000 cases (62,976) were registered through istagasa of which 40,986 cases were found to be false – 72.23 per cent cases. In 2014, the number increase as 67,680 cases were registered of which 45,014 cases were found to be false – 73.14 per cent. In 2015 too 73.64 cases of 63,013 cases were found to be false.CASE STUDYSince the order, Rajasthan Police has seen a huge slump in the number of cases under 156(3) CrPC. Just in 2016, a decrease of nearly ten thousand cases was seen as 53,682 cases were registered compared to 63,013 cases in 2015. Furthermore till November 2017, only 40,702 cases have been registered denoting a further decrease in such cases. However, it may be noted that even though an affidavit is demanded to file with the case so that action can be taken if found to be false, three-fourth cases are still found to be false as in 2016 73.61 per cent cases in 2016 and 72.46 per cent cases – thus far – in 2017 have been found to be false.

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Graft: Delhi High Court sets aside spl judge’s bail cancellation order

Charges against an accused under the provisions of the Prevention of Corruption Act (PC Act) cannot be dropped after mere filing of a status report by an Investigating Officer and only a trial court can take this decision at the time of taking cognizance and summoning the accused, Delhi High Court (HC) has said.The observations were made by justice Sangita Dhingra Sehgal, while deciding on an appeal filed by government official Pramod Garg, who had sought setting aside of a bail cancellation order by a special judge. Garg was accused under various sections of the Indian Penal Code and the PC Act.”Provisions of the PC Act cannot be dropped by mere filing of the status report by the IO. It can only be determined by the trial court at the time of taking cognizance of the matter and summoning of the accused,” the court stated.Even though the single-judge bench granted bail to Garg on the grounds that this was a case where “a court is exercising concurrent jurisdiction”, it held that the police and complainants were “at liberty to seek remedy before the appropriate forum, as provided under law”.”Furthermore, so far as order dated November 28, 2012, of the ASJ is concerned, the same is also bad in law. The only appropriate forum to grant bail ought to be the Special Judge in view of the provisions of Section 4 of the PC Act,” the court said in its order.Garg was granted regular bail by an additional sessions judge (ASJ) on December 28, 2012. The police had filed a status report in the court, stating that no supporting evidence was found against DDA officials and so provisions of the PC Act were dropped. This bail order was challenged by the police and the complainant before the special judge, who cancelled the bail of the accused.Garg then appealed in the court through his counsels, senior advocate Ramesh Gupta, Sanjay Sehgal, and Tarun Narang, following which the bail was granted.Appearing for Garg, Gupta had contended that the order passed by the Special Judge was “illegal” and “perverse” as he lacked jurisdiction. He also submitted that by cancelling the bail granted by the ASJ, the Special Judge had used the power of an appellate court, which is not permitted in law.TIMELINEFeb 22, 2010 FIR registered against Pramod Garg at Kotla Mubarakpur police station.Oct 18, 2012 Anticipatory bail cancelled by a special judge at Tis Hazari court.Aug 24, 2012 Sections of the PC Act dropped.Dec 27, 2012 Garg arrested again, bail dismissed by metropolitan magistrate.Dec 28, 2012 Regular bail granted by additional sessions judge. Nov 18, 2014 Bail cancelled by special judge.

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Maharashtra RERA trashes home buyer’s complaint over ‘forum shopping’, says can’t ‘ride two horses’

A home buyer cannot do a forum shopping in regards to his complaint, he has to choose between MahaRERA or the the consumer forum.The MahaRERA held this view while dismissing a complaint of a home buyer who had filed a complaint at MahaRERA and also at consumer disputes redressal commission.The complainant a home buyer Deepak Tejwani, had filed a complaint with Maharashtra Real Estate Regulatory Authority, contending therein that he had booked a flat no. 506 in C-2, Siddhi project of the developer situated at Shahad, Kalyan.It is the grievance of the complainant that the developer Anil Chabria has not executed the agreement for sale of the said flat and register it. The respondent has also failed to inform him about the status of the construction.The developer then brought to the notice of MahaRERA, that the home buyer had filed CC no. 870 of 2017 before the Consumer Disputes Redressal Commission, Maharashtra State, Mumbai on 14.06.2017 in respect of same flat against the developer and one of the prayers of the said complaint is also regarding the execution and registration of the agreement for sale.”The complainant wants to ride on two horses at a time which is not permissible in view of Section 71 of the Real Estate (Regulation and Development) Act 2016. The complainant is at liberty to proceed with only one case, either the case before the Consumer Disputes Redressal Commission or MahaRERA.”When the complainant has been asked to choose one, he submits that if MahaRERA grants his relief in this complaint then he shall withdraw the complaint filed before the Consumer Disputes Redressal Commission. I find that the complainant cannot do a forum shopping, hence, this complaint is dismissed,” read the order passed by MahaRERA member BD Kapadnis.

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SC to examine 157-yr-old law on adultery punishing only men

The Supreme Court today agreed to examine the constitutional validity of a colonial era law on adultery which punishes only the man even though the woman, with whom he has had consensual sex, may be an equal partner.The top court also said if the husband gives consent for sexual intercourse between his wife and another man, then it nullifies the offence of adultery and turns the woman into a commodity, which goes against the principle of gender justice and the constitutional mandate of right to equality.Section 497 of the Indian Penal Code states that “whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery”.Also readApp to adultery finds 1.9L takersThe offence of adultery entails punishment of up to five years or with fine or with both. However, in such cases, the wife shall not be punishable as an abettor.A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud termed the provision a “prima facie archaic” and said this “tantamounts to subordination of a woman where the Constitution confers equal status”.Also readReader Edit: Adultery in the Armed Forces”A time has come when the society must realise that a woman is equal to a man in every field. This provision, prima facie, appears to be quite archaic. When the society progresses and the rights are conferred, the new generation of thoughts spring, and that is why, we are inclined to issue notice,” the bench said.It said it would examine the constitutional validity of the 157-year-old provision and issued notice to the Centre, seeking its response in four weeks.The court said it needs to examine why a married woman, who may have been an equal partner to the offence of adultery with a married man who is not her husband, should not be punished along with the man.Secondly, the bench said it will examine if the husband of a woman gives his consent or connives for sexual intercourse with another married man, then does it not turn her into a commodity.”Prima facie, on a perusal of Section 497 of the Indian Penal Code, we find that it grants relief to the wife by treating her as a victim. It is also worthy to note that when an offence is committed by both of them, one is liable for criminal offence but the other is absolved,” it said.The top court said the provision seems to be based on a “societal presumption” and ordinarily, the criminal law proceeds on gender neutrality but in this case, “as we perceive, the said concept is absent”.”That apart, it is to be seen when there is conferment of any affirmative right on women, can it go to the extent of treating them as the victim, in all circumstances, to the peril of the husband,” the bench said.It said when the provision is perceived from the language employed in the section, then the “fulcrum of the offence is destroyed once the consent or the connivance of the husband is established”.”Viewed from the said scenario, the provision really creates a dent on the individual, independent identity of a woman when the emphasis is laid on the connivance or the consent of the husband”, it said.During the hearing, Justice Chandrachud observed that at present, the law assumes a “patronising attitude” towards the woman and treats her as a victim which amounts to violation of a fundamental right and gender discrimination.Advocates Kaleeswaram Raj and Suvidutt M S, appearing for petitioner Joseph Shine, an Indian citizen but residing in Italy, said section 497 was “prima facie unconstitutional on the ground that it discriminates against men and violates Article 14, 15 and 21 of the Constitution of”.He said “when the sexual intercourse takes place with the consent of both the parties, there is no good reason for excluding one party from the liability”.The lawyer said the provision also indirectly discriminates against women by holding an erroneous presumption that they are the property of men.”This is further evidenced by the fact that if adultery is engaged with the consent of the husband of the woman, then such act seizes to be an offence punishable under the code,” he told the bench.He said the said provisions have been treated to be constitutionally valid in three verdicts of the apex court in 1954, 1985 and in 1988.Raj said that petitioner has also challenged the Section 198(2) of CrPC, which deals with prosecution for offences against marriages.

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Watch: Sena, Bajrang Dal activists defy prohibitory orders in Ayodhya to take out ‘victory procession’

Raising ‘Jai Sri Ram’ slogans, saffron-clad Bajrang Dal and Shiv Sena activists took out a ‘victory procession’ in Ayodhya on Wednesday to celebrate 25 years of Babri mosque demolition in gross violation of Section 144 of the IPC enforced in the temple town and the advisory issued by the Central government.It is for the first time in the aftermath of Babri mosque demolition that slogan-raising saffron brigade activists took to streets to create communal frenzy in Ayodhya, despite enforcement of Section 144. The procession went through main thoroughfares of communally-sensitive town in Faizabad district, including high-security zone of the disputed site and Muslim-dominated areas of the temple town.Pitch of slogans was shriller when they passed through Muslim-dominated areas and outer of high-security disputed complex. Each year on the day (December 6), prohibitory order under Section 144 is enforced in Ayodhya to disallow congregation of more than five persons. The Vishwa Hindu Parishad (VHP) programs are restricted within the precincts of Karsevakpuram and no one from either side is allowed to take out victory procession on Ayodhya streets.Also read’Politics of deception’ was accepted as mainstream after Babri Masjid demolition: Lalu Yadav Watch Bajrang Dal and Shiv Sena activists’ ‘victory procession’ in Ayodhya: Also readBabri Masjid demolition day: Centre issues advisory, VHP to ‘celebrate’ in Ayodhya Emboldened by pro-Hindutva governments at the Centre and state, Bajrang Dal and Shiv Sena activists blatantly defied the prohibitory orders on Wednesday. Interestingly, the police and security forces did not bother to stop the procession at any place or dare to arrest any saffron brigade activists for violating prohibitory orders.Earlier, Shiv Sena activists took a holy dip in river Saryu and renewed their resolve to construct grand Ram temple at the disputed site, irrespective of court verdict.Also readResponsible for razing Babri Masjid, 3 guilt-ridden karsevaks have embraced Islam“Where is Babri mosque? The land belongs to us. We are in possession of the land and are doing puja there. Ram temple is to be constructed at that site only. I don’t know why media calls it a disputed site when we are the owners,” reacted Vinay Katiyar, BJP Rajya Sabha member and founder President of the Bajrang Dal, the youth wing of the VHP. “What shall we expect from the BJP government when they allowed a new tradition today in Ayodhya. It reminded us of December 6, 1992 when hundreds of thousand kar sevaks attacked us and brazenly celebrated demolition of Babri mosque on streets. Police and security forces were a mute spectator then and today also,” rued Iqbal Anasri, a petitioner in the title suit pending at the Supreme Court.Iqbal’s father late Hashim Ansari was one of the oldest petitioners in the title suit. Ansari’s house was torched on December 6, 1992 by kar sevaks. However, Hashim and his family had escaped unhurt in the attack. Iqbal, who is now contesting the case after his father’s death, said that they will lodge a complaint in this regard with the SSP and DM to initiate action against these activists for violting Section 144.“After seeing today’s ‘tamasha’, do you think that they (read Hindus) will abide by the Supreme Court final verdict if it went against them?” questioned UP Sunni Central Wakq Board petitioner Haji Mehboob.“Both sides should patiently wait for the Supreme Court verdict instead of issuing public statements,” advised Maulana Khalid Rashid Firangi Mahali, a prominent Sunni Cleric and a member of the All-India Muslim Personal Law Board (AIMPLB).Posters from the PFI pasted in Meerut (Image courtesy: Srawan Shukla)Meanwhile, controversial posters from the Popular Front of India (PFI), reminding Muslims “not to forget 25 years of betrayal and fight for re-building Babri mosque”, were pasted in Muslim-dominated areas of Meerut district on Tuesday evening. The posters were issued by PFI with G-78, Second Floor, Kalindi Kunj Road, New Delhi. “Posters have been removed and an FIR has been lodged,” said the SSP Manjil Saini. At Karsevakpuram in Ayodhya, the VHP celebrated ‘Shaurya Diwas’ to celebrate silver jubilee of mosque demolition. Amidst fiery speeches of saffron-clad sadhus and saints and VHP leaders, they took a pledge to begin the construction of Ram temple at the earliest.“Temple will be built at the birthplace of Lord Ram only whatever the court verdict,” said Mahant Satyendra Das, Chief Priest of Ram Lala makeshift temple ate the disputed site.“We will not allow construction of any mosque in Ayodhya, only Ram temple. Dharam Sansad has already passed a resolution in this regard,” stated Mahant Nritya Gopal Das, Chairman, Ram Janambhoomi Nyas, which is spearheading the Ram temple movement.VHP celebrating ‘Shurya Diwas’ at Karsewakpuram in Ayodhya (Image courtesy: Srawan Shukla)Mahant Ramdas of Nirmohi Akhara pointed that two third of the land is with Hindus, the court battle is to get remaining land for the construction of grand Ram temple in Ayodhya.Ever since Yogi government removed hurdles after ban by the Akhilesh government, about 20 trucks of stones have arrived at the VHP workshop in Ayodhya. About 60 per cent stones have been carved as per the design of the temple, work on remaining is in full swing.
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Madhya Pradesh Police arrest 11 in Tipu Sultan poster row

Around 11 people have been arrested and booked for allegedly putting an objectionable poster resembling former Mysore ruler Tipu Sultan in communally sensitive Madhya Pradesh’s Khandwa town.The Moghat police in Khandwa district subsequently lodged an FIR in the matter.Among the 11 arrested, five are said to be teenagers who were arrested on December 3 and December 4.Also readMadhya Pradesh: In fit of rage, man flings son to death over quarrel with wifeMeanwhile, Superintendent of police (SP), Shesh Narayan Tiwari said, “All have been booked under Sections 124A (sedition), Section 153A (promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc) and Section 505 (statements inducing public mischief) of IPC.”We are consulting legal experts about dropping Section pertaining to sedition in the case,” Tiwari said.Yesterday, the five who are minors were released by police with a warning while the remaining were taken on a day long police remand and were produced before the chief judicial magistrate (CJM) court in Khandwa town.Also readMadhya Pradesh Assembly passes bill awarding death for rape of girls below 12 yearsAlso, one of the six accused, Pankaj Soni, owner of a graphics shop where the poster was made and printed, was granted bail by the court yesterday, while the remaining five accused, have been sent into judicial custody by the same court.On December 2, a poster bearing a portrait resembling late Mysore ruler Tipu Sultan along with objectionable content to endanger communal amity was put at Jalebi Chowk in the heart of Khandwa town during the Eid Milad Un Nabi procession. Also readMadhya Pradesh: Man kills woman, says her ‘witchcraft’ responsible for daugther’s illness​
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In 94.6 per cent cases of rape, accused known to victim, says NCRB

Girls and women are more vulnerable to their own relatives and acquaintances than unknown persons on the issue of sex-related crimes, data from the National Crime Records Bureau (NCRB) “Crime in India 2016” report has indicated.Highlighting rape figures, the report has stated that “in 2016, the accused of rapes in 94.6% cases are none other than the victim’s relatives including brother, father, grand-father, sons or acquaintances.”The report showed that in the year 2016, a total of 38,947 cases of rape were registered in the country under Protection of Children from Sexual Offences Act (POCSO) as well as Section 376 and other related sections of the Indian Penal Code.Among these 38,947 cases, in 36,859 matters, accused are related to the victims, it said.Similarly, it said that in 630 cases, victims were allegedly raped by grand-father, father, brother and son while in 1,087 cases the accused were acquaintances.Besides in 2,174 cases, the accused are relatives and in 10,520 matters, it was neighbours who were facing charges of rape, it said.In 600 cases, employers and co- workers are accused of rape, the report said.The NCRB report also stated that in 2016, in 557 cases, the accused are live-in parthers, husband and ex-husbands.Similarly, in 10,068 cases, women were raped on the promise of marriage.It also states that in the remaining 11,223 cases, the victims in some manner or the other knew the accused.Expressing concern over these figures, National Commission of Women (NCW) chairperson, Rekha Sharma told PTI, “In our society there is lot of restrictions imposed on girls. But now it is enough. Time has come when boys should be taught from childhood how to behave with women as per our social values.”She said that porn material is easily available on internet. In such a scenario, parents should keep a watch on the mobile phones and computers.
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Woman molested and groped while out for a smoke in CP

A 32-year-old professor had to face a horrendous incident of molestation in Connaught Place (CP), the heart of the national Capital, on Thursday afternoon. A man groped her, unzipped his pants, and masturbated in front of her while she was taking a break from her work in a language school in CP.The woman, Anita (name changed), had gone to the terrace of the building when the incident took place. The accused, who is yet to be arrested, also snatched her phone before fleeing the spot.According to Anita, during her break at 1.30 pm, as usual, she went to the terrace of the building to smoke. A man in his mid 20s followed her to the terrace but she didn’t pay much attention. The accused constantly stared at her while pretending to be on the phone. When she asked him whether there was a problem, he said there wasn’t but did not move from the spot. Then he suddenly came in front of her and pointed at her breasts.Speaking to DNA, the victim said: “I pushed him and threatened to call the police. Instead of feeling deterred, he unzipped his pants, pulled out his penis, and started touching himself. When I tried to run past him, he grabbed me and ejaculated.”Anita made another attempt to free herself and managed to reach the door of the terrace but the accused had apparently bolted it while coming up. By this time, the accused caught up with her and pushed her against the door. “He said he liked my breasts. I raised an alarm. He then snatched my mobile phone, hopped on to an adjacent terrace, and fled,” she said.Some office staffers who heard Anita’s screams came to help her but the accused had fled by then. The CCTV footage showed the man following the victim but his face was hidden by a hoodie.The woman immediately called the police and a case under Sections 354 (criminal force to woman with intent to outrage her modesty), 342 (wrongful confinement), 356 (theft), and 379 (punishment for theft) has been registered at the Connaught Place police station. Also, the victim recorded her statement in front of the magistrate under Section 164 of the CrPC on Friday.
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CBI books 5 DoPT officials for siphoning of funds

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Central Bureau of Investigation (CBI) has booked five Department of Personnel and Training (DoPT) officials, including Under Secretary Sanjay Mehta, and four companies for siphoning off Rs 18.17 lakhs through fraudulent ways of issuance of sanction orders and bills. The agency also carried out raids at 11 premises of the accused officials and private persons in the National Capital Region.The agency had registered a case against Under Secretary Sanjay Mehta, Section Officer Hemant, Assistant Section Officer RK Arora, Section Officer Vijay Pal and Assistant Section Officer Mahendra Singh, all posted in the Training Section of DoPT, on charges of cheating, forgery and criminal conspiracy under the Indian Penal Code. The agency has also booked Ashok, a data operator, and five private companies — Institute of Public Administration, Institute of Public Science, Kavita Ahluwalia, Kapil Book Stories and Sahej Trading Corporation — in the same the case.According to the CBI official, all the accused were booked after a complaint from DoPT Director (Training) VK Sinha on September 9. Sinha in the complaint alleged that the DoPT officials had siphoned off government funds through fraudulent sanction orders.The DoPT carried out an internal inquiry after they received a complaint of financial irregularities. During inquiry they found that out of total 67 payments made during 2017 under Training for All schemes amounting to Rs 9.21 crore, eight bills amounting to Rs 18.17 lakh were fraudulently issued in the name of five vendors. On further enquiry, the DoPT found that the three bills were were fraudulently issued last year also.Thereafter, all the suspected accused persons are placed under suspension.

School expels rape victim in Maharashtra’s Latur to maintaining ‘dignity’ of institution

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A rape victim on Monday was expelled from a school in Maharashtra’s Latur district in the name of maintaining dignity of the institution.The 15-year-old victim, a Class 11 student, had allegedly been raped by an army man on the pretext of marriage.The victim, on Monday, said, “My school has suspended my admission saying their reputation can be tarnished if I continue to study here.”Meanwhile, the victim’s uncle alleged that when they went to a police station to lodge an FIR, the police demanded Rs. 50,000 bribe to lodge their complaint.Later, the victim approached Latur’s Superintendent of Police (SP) Shivaji Rathor and hence the FIR was registered on Sunday.A medical examination of the victim has been conducted and a case under Section 376 (rape) of the Indian Penal Code (IPC) has been registered in this regard.

Won’t entertain pre-RERA plaint

<!– /11440465/Dna_Article_Middle_300x250_BTF –>If a homebuyer has taken possession of a flat before May 2017, when the Real Estate Regulatory Act (RERA) came into force, then the buyer cannot seek compensation from the developer for delayed possession. The Maharashtra Real Estate Regulatory Authority (MahaRERA) dismissed a complaint on the same grounds, wherein the home buyer was promised a home in 2013 but was given possession only in March 2015.The complainant, Mahadeo Nalawade, filed a complaint under Section 18 of Real Estate (Regulation and Development) Act, 2016 for getting interest and compensation on the investment made by him for purchasing a flat in developer APL Yashomangal’s Alfa Greenfields Project in Pune. The complainant contended that he purchased the flat from the developer who had agreed to deliver its possession by December 2013. The developer failed to deliver the possession as agreed, therefore Nalawade claimed interest/compensation on his investment.The developer denied Nalawade’s allegation that he failed to give the possession of his flat. According to the developer, Nalawde has been possessing the flat from November 2015 and the fit out possession was given in March 2015 itself.Nalawade admitted these facts. However, his submission was that he wants interest/compensation for the delayed period from April 2014 to March 2015 when he received the fit out possession.While dismissing the complaint, BD Kapadnis, member, MahaRERA said in his order, “In this case, the fit out possession has been given in March 2015 and the complainant has been residing in the flat from November 2015.Therefore, the cause of action to claim compensation for the delayed possession did not survive on May 1, 2017 when the Act came into force. Since the possession is given, Section 18 of RERA will have no role to play. In this situation, I find that the complaint is not maintainable under Section 18 of the Act and it will have to be dismissed.”

SC junks PMLA tough bail clause

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Dealing a blow to the Centre and its fight against black money, the Supreme Court (SC) on Thursday struck down a Section that imposed stringent provisions for bail under the Prevention of Money Laundering Act (PMLA), 2002.The judgment came on the heels of a batch of petitions.The bench comprised Justices Rohinton Nariman and Sanjay Kisan Kaul. The petitions challenged the validity of Section 45 under the PMLA that essentially said the accused was guilty until proven innocent and where jail was the rule, bail the exception.”It is obvious that the twin conditions set down in Section 45 are a much higher threshold bar,” it said.In fact, the presumption of innocence, which is attached to any person being prosecuted of an offence, is inverted by the conditions specified in Section 45, whereas for grant of ordinary bail the presumption of innocence attaches… Under Section 45, the Court must be satisfied that there are reasonable grounds to believe that the person is not guilty of such offence and that he is not likely to commit any offence while on bail,” the judgment read.In the 78-page judgment, which will bring relief to those seeking bail under PMLA in the aftermath of demonetisation, the bench observed: “Section 45 is a drastic provision which turns on its head the presumption of innocence which is fundamental to a person accused of any offence.”The bench observed that the provisions under the now defunct Section 45 must be applied by the state only in compelling cases where it is tackling serious offences like organised crime or terrorism. “Before the application of a section, which makes drastic inroads into the fundamental right of personal liberty guaranteed by Article 21 of the Constitution of India, we must be doubly sure that such provision furthers a compelling State interest for tackling serious crime.”The court said, “the indiscriminate application of the provisions of Section 45 will certainly violate Article 21 of the Constitution. Provisions akin to Section 45 have only been upheld on the ground that there is a compelling State interest in tackling crimes of an extremely heinous nature.”Appearing for the petitioners, senior advocate Mukul Rohatgi argued that Section 45 of the said Act imposes two further conditions before grant of bail is manifestly arbitrary, discriminatory and violative of the petitioner’s fundamental rights under Article 14 (equality before law) read with Article 21(right to life) of the Constitution.However, Attorney General K K Venugopal, appearing for the Centre, defended the provision, suggesting it was an effective tool against the menace of black money.The bench opined that simply reading down section 45 would not be enough, it needed to be struck down.The court then set aside the orders denying bail that relied on the twin conditions and directed the trial courts to revisit the case based on the merits of the file based on new conditions.The top court relied on the US constitution’s eighth amendment on bail jurisprudence to decide the matter at hand.Justice Nariman — who penned the judgment, was inspired by a sharply worded minority judgment of Justice Marshall, with whom Justice Brennan agreed, the minority held that the Bail Reform Act, which permitted pre-trial detention on the ground that the person arrested is likely to commit future crimes would violate substantive due process and the 8th amendment to the US Constitution.The petitions said…The present writ petitions and appeals raise the question of the constitutional validity of Section 45 of the Prevention of Money Laundering Act, 2002. Section 45(1) imposes two conditions for grant of bail where an offence punishable for a term of imprisonment of more than three years under Part A of the Schedule to Act is involved. The conditions are that the public prosecutor must be given an opportunity to oppose any application for release on bail and the court must be satisfied, where the public prosecutor opposes the application, that there are reasonable grounds for believing that the accused is not guilty of such offence, and that he is not likely to commit any offence while on bail.

Cabinet approves proposal to harvest bamboo on private lands

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Union Cabinet on Wednesday approved the Ministry of Environment, Forest and Climate Change’s (MoEF&CC) proposed amendments in the Indian Forest Act (IFA), 1927, that will allow bamboo grown on non-forest areas to be felled and transported without permits, sources said. MoEF&CC has received various representations to free bamboo on private lands from the permit process, but experts said that this move may be open to misuse as it does not involve Gram Sabhas in the permit process.The amendment of the Act’s Section 2(7) effectively means that bamboo will be no longer considered a tree in non-forest areas, as it is currently defined, thus exempting its harvest without permissions. Sources said that the decision was taken to push for bamboo plantation on private lands and ease regulatory restrictions on inter-state movement of bamboo.Bamboo grown on forest areas though, will continue to be covered under the ambit of Forest Conservation Act, 1980, thus requiring felling and transit permissions.The proposed amendment to ease bamboo harvesting on private land has been pushed ahead even as the the entire Indian Forest Act itself is being overhauled. Last year, MoEF&CC had set up an expert panel to rework the Act and sources privy to developments said that the process is in the drafting stage.The amendments also comes in the backdrop of letters that MoEF&CC wrote to states, urging them to free bamboo grown on private lands from the regulatory regime. In May this year, Director General of Forest Siddhanta Das, wrote one such letter, pointing out that states can exempt bamboo on non-forest areas using Section 41 of the IFA.”Many states have raised the issue that since bamboo is defined as a tree, it attracts the provisions of the felling and transit regulations of respective states and hence bamboo needs to be excluded from the definition of tree…I would like to reiterate once again to exempt all bamboo growing on non-forest area from transit regime using powers granted to states,” Das said. DNA has reviewed a copy of this letter.Das had also mentioned in this letter that the ministry had received suggestions from many quarters seeking exemption of felling and transit permits for bamboo grown on private lands. Das and Environment Secretary CK Mishra were not available for comment.Delhi-based environmental lawyer Sanjay Upadhyay said that this amendment leaves open scope for misuse. “Do we have the mechanism to identify whether the bamboo is from forest or non-forest areas. It is regressive step in the sense that is liable to be misused if Gram Sabhas are not made the nodal body for providing adequate safeguards to protect the resource.”

Honour killing: Man strangles teen daughter

<!– /11440465/Dna_Article_Middle_300x250_BTF –>In a suspected case of honour killing, a man allegedly killed his 18-year-old daughter in the Challera village of Sector 44, Noida, on Friday night. Later, the accused, identified as Bijendra Chauhan, 47, called the police and informed them about the incident.According to the police, Chauhan allegedly strangled his daughter with a dupatta. The victim was a student of Class XII of the Moolchand Chandan Public School, Sector 44. She lived with her father, brother Himanshu, who is pursuing MBA, and his wife. The couple was also in the house when the incident took place.”We got a call at around 10.30 pm. Chauhan informed us that he had killed his daughter inside their home. The police reached the spot and arrested him. The victim had strangulation marks on her neck. We have recovered a dupatta from the spot,” said Avnish Dixit, Station House Officer, Sector 39 police station, Gautam Budh Nagar.The girl was rushed to a nearby hospital, where she was declared dead on arrival.According to a senior police officer, Chauhan told them that he had been warning her to stop away from a boy and focus on her studies.”The man said he often found her talking on the phone and never listened to him. Her mother had passed away in 2016. Chauhan suspected the girl of having a relationship with someone from another caste. On Friday night, she was talking to someone on the phone when he approached her. An argument broke out between the two and he lost his temper,” a senior police officer said.The police have sent the body for post-mortem and reports are awaited. Chauhan under Section 302 (murder) of the Indian Penal Code (IPC).

‘Ittefaq’ team served notice for promoting smoking

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Couple of days after the release of Ittefaq, Delhi health department slashed notices to the Director and Producer of the thriller movie under Section five of Cigarette and other Tobacco Products Act (COTPA) 2003 for promoting smoking. The notice points out that a promotional poster shows one of the actors lighting a cigarette.”We have sent a notice under COTPA Act to Karan Johar, his production house, and the director of the movie for promoting smoking. One of the promotional posters show Akshaye Khanna lighting a cigarette, which encourages younger generation and promotes tobacco,” said Dr SK Arora, Additional Director, State Tobacco Control Officer, Delhi Health Department.”It has been three days since we sent out the notice via speed post (and e-mailed), but we have not heard anything from them so far. If we do not hear for another four days, we will send a strict compliance notice to take down this promotional poster from everywhere including social media sites,” he adds.Section 5 of COTPA act states: “No person engaged in, or purported to be engaged in the production, supply or distribution of cigarettes or any other tobacco products shall advertise and no person having control over a medium shall cause to be advertised cigarettes or any other tobacco products through that medium and no person shall take part in any advertisement which directly or indirectly suggests or promotes the use or consumption of cigarettes or any other tobacco products. No person, shall, under a contract or otherwise promote or agree to promote the use or consumption of Cigarettes or any other tobacco product.”Movie PosterThe promotional poster of the movie, which does not display any warning, shows actor Akshaye Khanna lighting a cigarette.

Law Min, CJI push for better access to justice for undertrials

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Union Law Minister Ravi Shankar Prasad championed for Section 436-A of the Code of Criminal Procedure (CrPC) to become a movement in a bid to increase access to justice for undertrial prisoners.Section 436A of the CrPC states that all undertrials must be released if they have served “one-half of the maximum period of imprisonment specified for that offence under that law”.Prasad was speaking on the occasion of Legal Service Day at Pravasi Bhavan where paralegal volunteers were felicitated for their hard work.”436A must become a movement. This is imminently doable,” he said. Undertrial prisoners are not getting the help they need. Some of them are not even aware of their rights, he added.Recalling an anecdote where a common man — tea estate worker Anwar ul-Haq — was awarded the Padmashree, Prasad said, “We must build an architecture where common men should be awarded for their good deeds.””Can we pick up a genuinely good paralegal volunteer and recommend him for a Padmashree?” he questioned.Touching upon the issue of pending cases in the judiciary and the inordinate delay for justice, Prasad said all cases that are more than 10-year old must be expedited. Nyaya Mitra Scheme will help facilitate all individuals involved in a case, he added.Espousing the cause for pro bono lawyering, Prasad said serious consideration would be given to those who genuinely worked on cases pro bono and made a difference in the justice delivery system.Echoing his sentence, Chief Justice of India Dipak Misra added that paralegal volunteers cannot practice law, but are perceivers of law. “They are the first point of contact for those who require assistance, he said.The CJI further opined that these volunteers, who provide a service, must be adequately compensated. Volunteers not only need incentives, but also sustenance.Speaking before judges from High Courts across the country, the CJI also advised them to give precedence to appeals that are more than 10-year old and constitute special benches on Saturday to dispose them.

Ryan School murder: CBI says 16-year-old confessed to crime, accused taken to ‘certain place’

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Class 11 student of Ryan International School, apprehended by the CBI for allegedly killing a seven-year-old student, has confessed to his crime in front of his father and an independent witness, the agency has claimed before a juvenile court here.To corroborate the 16-year-old student’s statement, CBI sleuths took him to a “certain place” on Thursday, the first day of his three-day remand.A special crime team of the Central Bureau of Investigation (CBI), which is questioning him, remained tight-lipped about the exercise, saying it could affect the probe.The juvenile court in Gurgaon on Wednesday sent the student to three days’ CBI custody. He is being kept at the Sewa Kutir, a child welfare home, at Kingsway Camp, from where he was brought to the CBI headquarters in Delhi at 10.45 in the morning.The CBI has been directed by the court to carry on questioning for seven hours between 10 in the morning to five in the evening during the custody period.The agency said that his custodial interrogation was needed to ascertain if there were other people involved in the crime.The confession of the student has little meaning as of now as such statements need to be recorded before a court under Section 164 of the CrPC. The agency said his statement was yet to be recorded under CrPC Section 164.CBI sources said the agency is still investigating the case and that admission of crime is just the beginning of a process of collecting corroborative forensic and legally tenable evidence.The agency also wants the teenager to identify the shop from where he had purchased the knife used to slit throat of Pradhuman, a Class 2 student, on September 8, the agency told the court.The CBI said the interrogation was needed to reconstruct the scene of crime, to unearth conspiracy, if any, and to collect any other evidence related to the case.”He has admitted his involvement in committing the murder of…In ground floor boys washroom of Ryan International School…In presence of his father…, independent witness, welfare officer of the CBI, etc.,” the note said.In a sensational twist to the case, the agency announced on Wednesday that it had apprehended a senior student of Ryan International School on Tuesday night in connection with the murder of Pradhuman rejecting the Gurugram police’s theory that the killing was the handiwork of school bus conductor Ashok Kumar.The CBI has said that there was no evidence against Kumar so far.According to the agency, the Class 11 student, believed to be weak in his studies, allegedly slit Pradhuman’s throat to get the school to declare a holiday in order to defer a scheduled parent-teacher meeting (PTM) and an examination.The agency did not find any evidence of sexual assault, a CBI spokesperson had yesterday.The CBI was able to piece together elements of the crime by analysing CCTV footage, scientific and forensic examination, analysis of the crime scene and by questioning students, teachers and staff members of the school.Based on CCTV footage and crime scene analysis, the agency examined all potential suspects and witnesses. The list included 125 teachers and students, sources said.​

Reserve 5% for disabled in shop allotments: Delhi High Court to Centre

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court has directed the Centre to keep five per cent reservation for persons with disabilities with respect to the allotment of shops after a plea was filed for proper implementation of the Persons with Disabilities Act, 1995.A bench of Justices S Ravindra Bhat and Justice Sanjeev Sachdeva said reservation be worked out following a roster system that would require the vacancies to be worked out at the 30th, 60th, 90th, 150th and 180th vacancy slots.The court’s order comes on the petition filed by one Amit Kumar Mit, who had demanded proper implementation of Section 43 of the Persons with Disabilities Act, 1995, which directs a system of preferences, unlike section 33 of the pre-existing Act. Section 43 enjoins appropriate authorities and public establishments to give preferential treatment in allotment.The petitioner had alleged that the Ministry of Urban Development had flouted the mandate of Section 43 by not providing effective means to ensure that the 3 per cent quota set apart for persons with disabilities was filled in matters of allotment of public spaces or shops within their control.”…in case of persons with disabilities, the vacancies will have to be worked out at the 30th, 60th, 90th, 150th and 180th vacancy slots,” the bench said, adding that the roster system also requires alteration given the fact that new enactment mandates five per cent quota.The court also directed the Centre to look into the allegations of the petitioner with respect to the violation of the guidelines of allotment of shops to those not eligible.In an earlier order, the bench had directed the Centre to consider adoption of a roster point system so that when the allotment of shops are considered cumulatively, at fixed points, disabled persons are entitled to allotment.The bench also directed the Centre “to ensure that the fresh roster in accordance with the new Act is prepared and placed in the public domain appropriately within six weeks”.

Women’s panel summons north civic chief for not sealing GB Road units

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Delhi Commission for Women (DCW) On Monday summoned North Municipal Commissioner to appear on November 13, for not taking action against illegal Tehkhanas in GB Road brothels.The Commission confirmed that the civic body and the Delhi Police were informed about these hidden cells during mutual meetings and through letters. These hideouts are used to hide trafficked minor girls. The DCW had laid stress on demolishing or sealing these cells in December, 2016.”Teams visited these brothels several times and found small hidden cells there. These cells are used to hide minor girls during raids. The North civic body has been asked to demolish or seal these hidden cells multiple times already, and yet no action has been taken. So, now the civic body commissioner has been summoned by the DCW,” said panel chief Swati Maliwal. She also stated that the Commission will not tolerate any crime against minor girls.The summons also asked for reasons behind the non-demolition or non-sealing of these illegal structures till date. It stated that in case the civic body failed to comply with the order, the Commission will be constrained to carry forward the proceedings against the office under provisions laid down in the Civil Procedure Code.The Delhi Commission for Women Act, 1994, mandates the Commission to investigate and examine all matters related to the safeguards provided for women under the Constitution and give recommendations to the government on the issue of women safety. Section 10(iii)(d) of the said Act empowers the Commission to seek any information, requisition any public record or copy thereof from any office for the aforesaid purpose, and gives it powers of a Civil Court in this regard.WOMEN SAFETYThe Delhi Commission for Women Act, 1994, mandates the Commission to investigate and examine all matters related to the safeguards provided for women.

Article 35A explained: What gives Jammu and Kashmir residents a ‘special’ status?

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Much has been debated about Article 35 A of the Indian Constitution as Supreme Court is all set to resume hearings on the petition filed against the article.What is Article 35 A?It is nothing but an agreement that gives power to Jammu and Kashmir Legislature to decide who are the ‘permanent residents’ of the State and provide them special rights and privileges. The Article 35 A of the constitution is an agreement that allows no one except Jammu and Kashmir residents to settle permanently in the state, acquisition of property, avail government jobs, scholarships and aid.The Non-Permanent Resident Certificate holders are barred to vote in the local elections of the state.Who all are considered ‘permanent residents’ under Article 35 A?According to the original definition by Dogra ruler of princely state of J&K, Maharaja Hari Singh, it states that the permanent residents were considered under these conditions-1. The ones who were born or settled in the state before 1911.2. The ones who acquired property of 10 years prior to 1911 and also their descendentsThe emigrants, the ones who moved to Pakistan, and also their descendants for two generations are considered as the state subjects. However, this condition was later altered as Article 35 was ratified in the Constitution.Know its historyAfter taking advice from the Jawaharlal Nehru cabinet, former president Rajendra Prasad sent an order which later led to the incorporation of Article 35 A into the Constitution in 1954.This led to the 1952 Delhi Agreement between Nehru and the then Jammu and Kashmir Chief Minister Sheikh Abdullah which extended the Indian citizenship to state subjects of J&K. The Presidential Order was then issued under Article 370 (1) (d) of the Constitution. So Article 35A was incorporated in the Constitution as a testimony of the special consideration of the Indian government and accorded to the ‘permanent residents’ of Jammu and Kashmir.Why is it an issue?One Charu Wali Khanna, a resident of Jammu and Kashmir who settled outside the state, has filed a petition to Supreme Court challenging Article 35A of the Constitution and Section 6 of the Constitution which deals with the ‘permanent residents’ of the state.The plea has challenged the provisions of the Constitution which deny property rights to a woman who marries a person outside the state. Her son will also lose property rights.“Section 6 of the Jammu and Kashmir Constitution restricts the basic right of women to marry a man of their choice by not giving the heirs any right to property if the woman marries a man not holding the Permanent Resident Certificate,” the petition said.“Her children are denied a permanent resident certificate thereby considering them illegitimate — not given any right to such a woman’s property even if she is a permanent resident of Jammu and Kashmir.”

11-year-old Nigerian boy sodomised in school

<!– /11440465/Dna_Article_Middle_300x250_BTF –>An 11-year-old Nigerian boy was allegedly sodomised by a 38-year-old man in Kaushalya World school in Pi-2 sector of Greater Noida. Police say they have registered a case at Surajpur police station .In the complaint, the parents of the boy, who work in a private firm, stated that their son was upset for some time and would not talk to them. He would also often cry and not tell them the reason.Police also said that when the boy came back from school on Monday, he again started crying at home. He then narrated his ordeal of being sodomised by a man in the school’s administration department.”The man has been identified as Ashok Mishra, a book seller in the school and he is absconding now. We have informed the school management and a manhunt has been launched to nab him.” said Girish Kumar Kotiya, Station House Officer (SHO) Surajpur police station.Police said that they received a complaint from the parents of the boy on Monday following which case was registered under Section 377 of Indian Penal Code and Section 3/4 of the POCSO Act.Kotiya said that according to the boy’s account he had been sodomised for around three months. He added that they were hopeful of arresting the accused soon.The boy has been living with his family for the last five years at Omaxe Palm Greens, an upscale residential society in Greater Noida.MONTHS OF ABUSEPolice said that according to the boy’s account, he had been sodomised for around three months

MP BJP leader booked for clicking picure of woman defecating in the open

Updated: Oct 24, 2017, 07:29 PM IST, ANI
<!– /11440465/Dna_Article_Middle_300x250_BTF –> A case has been registered against Bharatiya Janata Party (BJP) Divisional President Pradeep Bhatt in Guna, Madhya Pradesh for clicking picture of a woman.As per reports, the BJP leader was taking photographs of a woman and harassing her while the woman was defecating. This woman is also a prime witness in a case where the BJP leader is accused of assaulting another woman.The case has been registered under Section 354c, and 294 of Indian Penal Code (IPC).

Mumbai: FIRs registered against Ankit Tiwari, 2 others for ‘cheating’ US-based event management firm

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A US-based event managment company filed a complaint at the Oshiwara policestation against singers Ankit Tiwari, Akruti Kakkar and Shilpa Rao for allegedly not doing a show they agreed to do.Following the complaint, an FIR was also registered under Section 406 of the Indian Penal Code. In the complaint, the company also alleged that the singers did not return the amount that was paid to them for the performance.A Mumbai Mirror report said that the complainant alleged that Rs 30 lakh was paid to a firm Brotherhood Entertainment, owned by Tiwari and his brother. Shilpa Rao is a partner in the firm, while Kakkar was roped in for the performance.The report also added that the complainant had flown down from the United States to meet them, but they didn’t respond to the calls, resulting in the police filing an FIR against them.

Delhi High Court: Transfer of hospitals under ESIC to Govt is ‘illegal’

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Holding that the rules laid in the Employees State Insurance (ESI) Act do not allow the transfer of any of its assets to any person, including the state government, the Delhi High Court has stopped the transfer of hospitals and medical colleges under the Employees State Insurance Corporation (ESIC) by terming it “legally impermissible” and “contrary to the law.A bench of Acting Chief Justice Gita Mittal and Justice C Harishankar pointed out that there was no provision in the ESI Act which enables the ESIC to do so. The directions come on a plea which had challenged the transfer of the hospital and medical colleges under it to the State government.”The scheme of the ESI Act, 1948, especially Sections 59A and 59B of the statute do not enable the ESIC to transfer any of its assets to any other person, including the State Governments. There is no provision in the statute which enables the ESIC to do so,” the court said.The bench, while delivering the judgment also added, “Given the legislative mandate, we therefore, hold that the action of the respondent no. 2 in transferring the medical colleges and institutions to the state governments is without jurisdiction, contrary to law and illegal”.In order to effectuate the administration of the purposes of the ESI Act, the Centre had established the ESIC which would provide benefits to the employees in case of sickness, maternity and employment injury.The court held that there was substance in the petitioner’s contention that instead of addressing the several concerns pointed out by the members in the 164th Meeting, ad hoc decision to transfer even proposed medical colleges was being taken.”There is strength in the petitioner’s contention that there was nothing on record to show that any case by case evaluation of either the need or the efficacy of such transfer was conducted prior to the same being affected,” adding that the interest of the insured persons would be compromised and that the ESIC is losing all control over the facilities.The court also said that “ESI Act contains nothing to indicate that funding by the State Government would entail, as necessary and inexorable sequitur, throwing open the hospitals to the general public”.”…..If, by virtue of their being contributing employees of the ESI, and, per definition therefore, “insured persons”, the petitioner and others like him have a statutorily fossilized right to exclusive enjoyment of the facilities at the ESI hospitals, the court has a duty to zealously protect and preserve that right,” the bench said in a 38 page judgment.The court’s direction came on pleas filed by Balraj Jadhav and others who contended that the ESIC was flouting Section 59B of the ESI Act. According to this section, the ESIC took steps for establishment of medical, dental and nursing colleges all over India.It also said that the source of funds given for this purpose was that of the ESIC and therefore comprised of contributions by the insured persons under the ESI Act. The plea also highlighted the gross mismanagement by quoting a CAG report.The ESIC, on the other hand, had said that it should exit the field of medical education as it is not the core function and the objective of section 59B of the Act is unlikely to be met. It said that the state governments would contribute in the better functioning of the hospitals and colleges.WHAT THE COURT SAIDThe court’s direction came on pleas filed by Balaraj Jadhav and others who contended that the ESIC was flouting Section 59B of the ESI Act. According to this section, the ESIC took steps for establishment of medical, dental and nursing colleges all over India

Digi-tall: Raj Assembly to accept motion online

<!– /11440465/Dna_Article_Middle_300x250_BTF –>From the forthcoming session, members of the state legislative assembly will be able to move a motion or question at the Assembly without being physically present at the House. Rajasthan Assembly became the first in country to offer such an online service to its members as speaker of the house, Kailash Meghwal officially launched it from his laptop on Friday. The services will not only facilitate the members but will also help reduce paperwork.”The MLAs will be able to move their proposals at the Assembly even when travelling. The state Assembly already had provisions for MLAs to register their questions online,” deputy speaker of the house, Rao Rajendra Singh told DNA. It will not just be limited to posting the question or proposal at the Assembly, the new service designed by National Information Center (NIC) will also ensure that it reaches the concerned department and the due reply will also be made available online. “The MLAs through their log-in(s) will be able to move the motions. This will ensure transparency and time-bound accountability,” said an official at the assembly.The ninth session of the 14th legislative Assembly of Rajasthan is scheduled to start from October 23. During the session, special help desk will also be set up at the House to further empower the members over the process. The Opposition MLAs expressed support to the move. “It’s indeed a good move on part of the Assembly administration, even if a member is at his constituency for some work, he will be able to participate at the House proceedings online,” said Ramesh Meena, an Opposition party MLA. The time duration and other aspects related to these motions and proposals will be in accordance to the already existing rules of the state assembly.DIGI SCOPEThe last session of the current Assembly which concluded in April, 2017 registered 13 caught attention motions while 149 adjournment motions were denied permission to be presented at the House. There were 248 point of information raised under Section 295, of these only 106 got read at Assembly while other were considered as read. In addition 84 issues requiring immediate attention were allowed. All these can now be served through the new online service.

Ban matchboxes, lighters in metro: Delhi govt tells CISF

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi government has written to the CISF, asking it to prohibit passengers from carrying matchboxes and lighters in metro trains and on station premises as it “promotes smoking”.In its letter, the health department said the Central Industrial Security Force (CISF) does not allow such items at airports and for the same obvious reasons these items should not be allowed in the DMRC premises as well.The health department, last month, had issued a strict compliance notice to the Delhi Metro Rail Corporation (DMRC) in this regard.The DMRC had in January taken lighters and matchboxes off the list of restricted items. A commuter is now allowed to carry one matchbox and one lighter in metro trains and on station premises.”We have come to know that security to the DMRC is provided by the CISF as an independent government body under the Ministry of Home Affairs and these items (lighter and matchboxes) are allowed after the CISF security check of the commuters,” Dr S K Arora, Additional Director (Health), Delhi said.Arora in his letter sought an urgent action not only in public health interest to protect non-smokers from the hazards of the smoke but also in the interest of safety of commuters and staff as these fire-causing items may cause a big security risk any time in the present sensitive scenario.”It is worth mentioning that when the CISF doesn’t allow such items at airports then for the same obvious reasons these items should not be allowed in DMRC also,” he said in the letter.”Therefore, you are requested to look into the matter urgently in public health interest and also in the interest of safety of the commuters and staff in the DMRC,” he said.Earlier, a strict compliance notice was issued to the DMRC under Section 4 of the Cigarettes and Other Tobacco Products Act, asking it to stop allowing matchboxes and lighters in metro trains and on station premises, or legal action would be initiated against it and the erring commuters.

Find replacement for death by hanging: Supreme Court to Centre

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Supreme Court on Friday issued notice to the central government in connection with a plea seeking replacement of death sentence.The top court has asked the Centre to give a detailed reply on the same within three months.A bench of three judges headed by Chief Justice of India Dipak Misra, while hearing the plea filed by Advocate Rishi Malhotra, said the Indian Constitution is a compassionate one which recognises principle of sanctity of life.It observed that with the invention of various modes of execution in modern time, legislature can think of other mode for death convicts, keeping in view the dynamic progress in science.The petitioner in his plea stated the execution as contemplated under Section 354(5) of CrPC (hung by the neck till the person is dead) is not only barbaric and cruel but it is also against the resolutions adopted by the United Nations Economic & Social Council (ECOSOC) which has clarified that “where the capital punishment occurs it should be carried out so as to inflict minimum suffering.” ​

Aircel Maxis case: Karti Chidambaram moves SC against CBI summons

<!– /11440465/Dna_Article_Middle_300x250_BTF –>In a set back to the Central Bureau of Investigation (CBI), Karti Chidambaram, son of former finance minister P Chidambaram, refused to appear before the agency in connection with Aircel Maxis case. He also approached Supreme Court to withdraw the summons issued to him till SC decides his petition challenging the CBI’s notice to join investigation. The agency has asked him to appear on Wednesday.Karti is being probed for receiving alleged kickbacks in getting Foreign Investment Promotion Board (FIPB) clearance in the Aircel Maxis deal when his father was union finance minister.His lawyer NRR Arun Natarajan has written to the CBI stating that the agency had issued a notice on September 7, this year under Section 160 of CrPC seeking Karti’s attendance for the purpose of answering questions related to a case registered in 2011. “I had replied to the said notice on September 13 on behalf of my client raising valid objections to your notice and requesting you not to insist on my client’s appearance before you on September 14 or any other day,” Natarajan said.The lawyer further pointed out that a writ petition has been filed in SC challenging the action of CBI issuing summons to Karti. “I request you to not insist on my client’s appearance before you on October 4 (Wednesday),” the lawyer said.The lawyer further stated that a notice was again issued in connection with the charge sheet. He said that the case was thoroughly investigated by the CBI as well as Enforcement Directorate.”The CBI submitted a status report relating to the investigation into the Aircel -Maxis case to the Supreme Court which have been recorded in order July 14, 2013,” he said.He further pointed out that CBI filed a chargesheet on September 28, 2014 and in that it was mentioned that the circumstances for grant of FIPB approval was continuing under Section 173 (A) of CrPC and neither Karti or his father, P Chidambaram were named.He also stated that the city court’s February 2 order discharged all the accused in the Aircel-Maxis case.”The issuance of the present notice when all the accused have been discharged and the proceedings have been terminated is clearly illegal, mala fide and to harass my client and his family,” he said.The Aircel-Maxis deal is being probed by both ED and CBI and the case is a part of the overall probe in the 2G scam case. In 2006, Aircel was sold to Maxis, owned by Malaysian billionaire T Ananda Krishnan. According to the CBI’s chargesheet, the Mauritius-based Global Communication Services Holdings, a subsidiary of Maxis, had requested approval for an investment of 800 million dollars in Aircel.Though a cabinet panel led by the Prime Minister should have signed off on the deal, the CBI alleged, then finance minister P Chidambaram unilaterally cleared it.The agency further stated alleged that Chess Management Services Pvt. Ltd, a company promoted by Karti and A Palaniappan, nephew of P Chidambaram, received a sum of USD 2 lakh approximately from Maxis group.

Delhi court upholds order to try 16-year-old, who shot dead a married couple, as an adult

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Delhi court has upheld a Juvenile Justice Board order to try a 16-year-old boy, accused of shooting a couple in 2016, as an adult.The court observed that whether a child understands the consequences of an offence he has committed cannot be assessed without considering the “manner” in which it was done.The JJB had on March 27 this year held that there was a need for trial of the juvenile appellant as an adult and sent him to a children’s court for trial in terms of the provisions of the Code of Criminal Procedure.In the appeal against the JJB’s order, the juvenile through his counsel contended that as per Juvenile Justice Model Rules 2016, while making preliminary assessment under the Juvenile Justice Act, a child shall be presumed to be innocent unless proved otherwise, but the Board had completely ignored this principle.It claimed that the facts and circumstances of the case do not meet the parameters laid down in the JJ Act and the Board fell in error by holding that the boy deserved to be tried as an adult.The court, however, said “no doubt, the presumption of innocence of the child has to be maintained but for assessing his ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence, the allegations as per the case of prosecution are required to be looked into.”The ability of the child to understand the consequences of the offence cannot be assessed dehors the manner in which the alleged offence was committed,” Additional Sessions Judge Sanjay Garg said.The court also said the previous involvement of the child, if any, also renders assistance in reflecting his mental ability and circumstances.According to the prosecution, the juvenile and his adult accomplice had on November 14, 2016 gone to the house of victims Sanjay Rana and his wife on the pretext of taking a room on rent but shot them dead instead.The juvenile was apprehended by the police on November 21, 2016 and a country-made pistol with six cartridges were recovered from him, it said.It said the juvenile committed the offence as the victims had failed to return the money lent to them by his father for purchase of a plot.Taking note of this, the court said, “Considering the alleged motive behind the commission of the offence and the role attributed to the appellant, the Board rightly came to the conclusion that the appellant should be tried as an adult.The appeal is without merits. The same is accordingly dismissed.”The court also held that the preliminary inquiry conducted by the JJB proved that the boy was above 16 years of age and he had no psychiatric illness or intellectual disability, which meant he was fit to understand the consequences of the offence.”The offence under Section 302 IPC being punishable with imprisonment for more than seven years, falls within the category of ‘heinous offences’ as defined in JJ Act. Thus, the Board rightly proceeded to conduct the preliminary assessment under the act,” it also said.

Metro fare hike violates law: AAP

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A day after Delhi Chief Minister Arvind Kejriwal called for putting on hold the proposed hike in the Metro fares till the accounts of the Delhi Metro Rail Corporation (DMRC) are audited, the state government on Monday said the hike will be a clear violation of the law laid by the corporation itself.According to a statement released by the Aam Aadmi Party (AAP) government, it will be the second hike in a year, which violates Section 37 of the Delhi Metro Railway (Operation and Maintenance) Act, 2002.”Section 37 of the Act, 2002, states that the recommendations made by the Fare Fixation Committee shall be a binding on the Metro railway administration. Therefore, the DMRC needs to answer how the committee’s recommendation that ‘there shall be a gap of one year between two fare hikes’, has been violated by the Metro. On what basis is the second hike being defended by its officials?” the government asked.”It is clear that after the first fare hike in May this year, Metro fares cannot be hiked for the second time within five months, according to the law,” it added.The government further said that it had never interfered in the functioning of the DMRC and rather provided all kind of support for its operations. “But the government cannot remain a mute spectator at a time when the interests of commuters are being overlooked,” the statement read.Earlier on Sunday, a war of words was triggered between the Delhi government and the Centre after Union Urban Affairs Minister Hardeep Singh Puri said that the Metro will soon turn into Delhi Transport Corporation buses, if there was no hike in the fare.The development came after the DMRC had on Saturday said that the hike in Metro fare is necessary to provide world-class service to passengers. Afterwards, Kejriwal had written to the Centre, seeking its intervention in the matter.MATTER TO LIGHTThe development came after the DMRC had on Saturday said that the hike in Metro fare is necessary to provide world-class service to passengers. Afterwards, Kejriwal had written to the Centre, seeking its intervention in the matter

Pune infant burnt by hosp warmer loses battle for life

<!– /11440465/Dna_Article_Middle_300x250_BTF –>After battling for life nearly for two days, the newborn girl who had sustained 80 per cent burn injuries due to overheating of a warmer succumbed to injuries on Thursday. Following her death, police booked the doctor and staff of a private hospital in charges of causing death by negligence.The baby was born in Vatsalya hospital on Tuesday morning. After the birth, the doctor diagnosed the newborn with breathing problem and had advised her to be kept in a warmer. The family members heard a explosion-like sound sound from the warner and saw smoke coming out of it.The doctors found that the baby had sustained 80 per cent burn injuries. The baby was immediately shifted to another hospital to be kept in Intensive Care Unit (ICU).“Ever since she was shifted to the other hospital, her condition remained critical. She succumbed to her injuries in the wee hours of Thursday,” Appasaheb Shewale, senior inspector of Vishrambaug police station, said.The police had registered a case of negligent conduct with respect to machinery under Section 287 and causing grievous hurt by act endangering life or personal safety of other under Section 338 of Indian Penal code against Dr Gaurav Chopade and staff of Vatsalya hospital. However, following the death of the baby, police have slapped charges of causing death by negligence under section 304 a of IPC against the doctor and staff. Police have also sent the incubator to the forensic laboratory.

Railway hotel tender case:CBI summons Lalu and Tejashwi Yadav on Oct 3 and Oct 4 respectively

<!– /11440465/Dna_Article_Middle_300x250_BTF –>On Tuesday, the CBI issued summons to former Bihar CM Lalu Prasad Yadav and his son and former Deputy CM Tejashwi Yadav in the Railway hotel tender case. While Lalu Prasad Yadav has been asked to appear on October 3, his son Tejashwi has been asked to appear on October 4.Earlier on September 22, the CBI had summoned Lalu on September 25 and his son Tejashvi Yadav on September 26.In July, CBI had registered a case against the then railway minister Lalu Yadav, his wife Rabri Devi, his son Tejashwi Yadav, Sarla Gupta, wife of Prem Chand Gupta, Vijay Kochar and Vinay Kochar, both directors of Messer’s Sujata Hotel Private Limited, Messer’s Delight Marketing Private Limited, P.K. Goel, the then Managing Directors, IRCTC and unknown others under Section 120 B read with Section 420 of IPC and Section 13(2) read with Section 13(1)d prevention of corruption act 1988 in connection with the case.The FIR lodged by the CBI against RJD chief stated that there were irregularities in awarding the tender for development, maintenance and operation of BNR Hotels in Ranchi and Puri during Lalu Prasad Yadav’s term as Railway Minister of India, that is, from 2004 to 2009.The CBI alleged that the tender process was rigged, manipulated and the conditions were tweaked by the then Railway Minister to help a private hotel company.The RJD, however, brushed aside the allegation and counter-blamed that the agencies were acting as alliance partners of the Bharatiya Janata Party (BJP)

22 HKV eateries sealed for flouting green norms

<!– /11440465/Dna_Article_Middle_300x250_BTF –>In a major crackdown on eateries and bars in the upscale Hauz Khas Village in south Delhi, the Delhi Pollution Control Committee (DPCC) on Saturday sealed 22 such outlets for violating environmental norms.According to the Delhi government officials, the notices for closure were issued to these establishments four months ago but despite that they continued to function, following which the decision to seal them was taken. Most of these outlets are ‘take-away’ joints, with no provision to sit and eat.The sealed outlets include popular restaurants such as the Food Factory by Lalit, The Big Burp, Chaayos, The Bombay Velwet, and The New York Slice.”Most of these outlets did not have the consent to operate (CTO) or even the consent to establish (CTE), which are mandatory for eateries operating in the city. They didn’t have clearances from fire, police, civic, health, and environment departments,” said R M Shingare, Sub-Divisional Magistrate (SDM), Hauz Khas.These clearances, the SDM said, were required to ensure that there was no water or air pollution. The approaching winter also prompted the sealing action, as the air quality severely deteriorates.The sealing action was conducted under Section 33 A of the Water (Prevention and Control of Pollution) Act, 1974, and Section 31A of the Air (Prevention and Control of Pollution) Act, 1981.Meanwhile, the owners of the sealed eateries claimed that they were not served any prior notices.Down memory laneThe shops closed popular names like the Food Factory and The Bombay VelwetOfficials said the shops ignored notices issued to them four months ago

Do not allow matchboxes on Metro, says govt

DMRC is issued a strict compliance notice under Section 4, Rule 3, Sub-rule 1(C) under Cigarettes and Other Tobacco Products Act <!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi government’s health department on Thursday issued a compliance notice to the Delhi Metro Rail Corporation (DMRC) for allowing matchboxes and lighters inside the Metro despite inflammable substances being prohibited on the metro premises.“DMRC is issued a strict compliance notice under Section 4, Rule 3, Sub-rule 1(C) under Cigarettes and Other Tobacco Products Act, 2003 to immediately stop allowing matchbox & lighter to be carried by commuters within the metro trains/premises or legal action will be initiated against commuters and DMRC,” the notice said.

All for love: The story behind Myntra CEO’s maid’s Rs 1 crore heist

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Myntra may be inviting others to save on big bucks with ‘Big Billion Days’ sale, but its CEO Ananth Narayanan lost Rs 1 crore in a theft carried out by his domestic help.Bhavani Muppudathi, the 25-year-old maid, has reportedly confessed to the crime.According to the police, Bhavani was in a relationship with Narayanan’s driver Suresh for last two years.Suresh quit the job as Narayanan’s driver seven months ago and was settled in Chennai. Still, he was in contact with Bhavani. Both were set to marry in November but Suresh told Bhavani that they need to be ‘financialy secure’ first in order to settle down.The hatched the plan and Bhavani had all the information about the family.“The CEO, along with his family, had gone abroad recently on a vacation. Bhavani was at home and found it to be the right time to commit the theft,” a police officer was quoted as saying by Bangalore Mirror.Bhavani stole all the jewellery and handed it over to Suresh. He, in turn, told her not to contact him till he had sold the booty and bought a house.The matter was reported on September 6 and Bangalore Police started questioning other staff of the house.Initially, all staff members were suspects, bu the police zeroed in on Bhavani after her finger print matched from the scene of the crime.Seven diamond necklaces, 24 pairs of earrings, six gold bangles, four diamond bracelets were among the missing jewellery, a Times of India report said.The Cubbon Park police has filed the case against the domestic help under Section 381 of the Indian Penal Code.

Cong, BJP stage walkout over waste mgmt notice

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The civic body’s circular on waste segregation and composting being made mandatory for housing societies and bulk generators from October 2 led to arguments at the BMC general body meeting on Monday.Members of all parties slammed the civic administration for not consulting them before taking the move. Besides, members of the Congress and the BJP staged a walkout, claiming they were not allowed to air their views.During the meeting, the ruling Shiv Sena alleged that the administration again insulted Mayor Vishwanath Mahadeshwar by not taking him into confidence while taking the decision.Yashwant Jadhav, a Shiv Sena corporator and leader of House at BMC, alleged that the administration has insulted Mumbai as it did not discuss the issue with city’s first citizen. “Insulting a mayor is nothing but insulting Mumbaikars as the mayor represents the whole city,” said Jadhav.Earlier, BMC’s leader of opposition Ravi Raja submitted a statement opposing the civic administration move to make waste segregation and composting from October 2. Raja cited Section 61 (C) of Mumbai Municipal Corporation Act, 1888, which makes lifting and managing waste is an obligatory duty of BMC.All political parties supported the statement made by Raja and sought Mayor to take a decision against civic administration’s move. BJP group leader Manoj Kotak said, “The responsibility of collecting garbage and composting lie with the BMC as the agency collects tax from residents.” He added that by issuing such kind of circular, the civic administration is trying to create havoc among residents.

Ryan school murder: Three, including bus conductor, remanded in judicial custody till September 29

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Ashok Kumar, the main accused in the murder of seven-year-old Pradhyuman Thakur, along with Ryan International Group’s Northern Zone head, and the school’s HR head have been remanded in judicial custody till September 29, it has been reported. Along with Kumar, the Haryana police last Monday arrested J Thomas, HR head, and Francis Thomas, regional head of the Ryan group of institutions. They were booked under Section 75 of the Juvenile Justice Act.The police had the same day of Pradhymnan’s murder, arrested a bus conductor of the school after the Class II student was spotted outside a school toilet, crawling and bleeding profusely before he died.The acting principal of the school, Neerja Batra, has already been suspended. The services of a private agency that provided security to the school have also been suspended.The brutal murder in Gurugram had sparked angry protests by the victim’s father, other guardians and locals who shouted slogans and vandalised school property. The police had to resort to lathicharge even then to control the mob fury and arrested five protesters who were later let off.

Amendment to Panchayat Act challenged in High Court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The president of a district panchayat has challenged an amendment made to the Panchayat Act by the state government in the Gujarat High Court.In 2015, the state had amended the Panchayat Act reducing the district panchayat’s president and vice president’s term from five years to two and half years.The amendment has been challenged by the president of Bhavnagar District Panchayat on grounds of equality, whose contention is that panchayat tenure and president and vice president’s tenure are co-existant. Any change in this term is in violation of article 14 and 243(a) of the constitution. When the petition came up for hearing, before the first division bench of Chief Justice R Subhash Reddy and Justice Vipul Pancholi, on Friday, petitioner’s advocate AJ Yagnik sought time to carry out research and add more citation. The matter will be heard next week.The petition states that in 2015, the state government had made an amendment in the Panchayat Act 1993 section 81(2) through which it had intended to reduce the tenure of Panchayat president and vice president. The petition argues that when the panchayat term is fixed for five years, how can the term of the president/vice president can be reduced.The petition cited examples of Maharastra, Karnataka, Rajasthan, Uttar Pradesh where the term of the president and vice president is five years. Even the Panchayat act’s section 81 also states same of co-existance of tenure of president/vice president with the panchayat term.The petitioner’s prayer is the state action is counter rational of not keeping co-extensive duration of Panchayat and that of its elected representatives.The petitioner prayed that till it is decided, the court should stay the effect of the amendment and declare Section 81(2) illegal, unconstitutional and ultra vires.THE PETITIONThe petitioner has contended that the panchayat tenure and president and vice president’s tenure are co-existant.
Any change in term is in violation of article 14 and 243(A) of the constitution.

204 MHADA homes most expensive till date

<!– /11440465/Dna_Article_Middle_300x250_BTF –>As Mumbaikars gear up for the MHADA lottery which will be held on November 10, a total of 204 homes of the total 819 homes are priced at Rs 1 crore or above.This may come as a rude shock to hopeful homebuyers who opt for MHADA due to its affordable pricing. The costliest flat is being sold in Lower Parel at Rs 1.95 crore.Also, the number of homes for the Economically Weaker Section (EWS) is only eight as compared to the 338 homes slotted for the Higher Income Group. The lottery is scheduled for November 10 and applications will be accepted from September 16.In Lower Parel, there are two types of MHADA homes. First, a flat measuring 44.21 square meters (sqm) will be sold at Rs 1.95 crore. Second, 34 flats measuring 33.80 sqm will be sold at Rs 1.42 crore. In terms of pricing, Powai’s Tunga flat is priced at Rs 1.39 crore for an area of 68.69 sqm.Meanwhile, an online search shows that the current cost of flats in Lower Parel area are lower than what the housing authority is quoting. Milind Mhaiskar, VP and CEO of MHADA, said, “Trust in MHADA among the public is much higher than any online portal.”

Cops direct E Delhi school to join probe

<!– /11440465/Dna_Article_Middle_300x250_BTF –>After a five-year-old child was sexually assaulted inside the Tagore Public School in east Delhi’s Gandhi Nagar area, the Delhi Police have asked the school authorities to join the investigation. Also, the child’s statement has been recorded under Section 164 of the CrPc.The Delhi Police are also investigating whether the school was following the safety guidelines. It seems there were no CCTV cameras installed in the passage where the accused took the child. She is yet to recover completely.Meanwhile, the child’s father said that at the time of the incident, extra classes were being held and there were not many staffers inside the school. “The accused took her inside the store room and no one even noticed it. Where were the teachers and the security staffers? Now my daughter is refusing to go to school. We had shifted her to this school just six months ago,” he said.”We went by the brand name of the school and enrolled our daughter. She is in a state of shock and is being counselled,” her mother said. The parents also alleged that the class teacher reached the hospital and tried to convince them to not reveal the school’s name. On Saturday afternoon, a school staffer allegedly raped the Class I student in a store room. The Delhi government has ordered a magisterial probe into the incident. The report has to be submitted within three days.CASE SO FARThe child’s statement has been recorded under Section 164 of the CrPc.
Parents allege a teacher tried to get them to not reveal the school’s name.

Rocky Yadav gets life sentence

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A special court on Wednesday sentenced Rakesh Ranjan alias Rocky Yadav — son of a Bihar lawmaker — and two others to life imprisonment for Class 12 student Aditya Sachdeva’s sensational murder in a road rage case in Gaya 15 months ago.The court in Gaya also sentenced Rocky’s powerful businessman father Bindi Yadav to five years in jail for misleading investigations by furnishing false information and harbouring his son after the crime that had sparked widespread outrage.Gaya’s Additional District and Sessions Judge (ADJ) Sachchidanand Singh had on August 31 convicted 31-year-old Rocky. His MLC mother Manorama Devi had been suspended by the party after the crime.The other two sentenced to life include Rocky’s cousin, Teni Yadav, and Manorama’s bodyguard, Rajesh Kumar.Rocky was found guilty under IPC Section 302 (murder) and Section 27 of the Arms Act, and a cash fine of Rs one lakh was also slapped on him.Aditya’s parents Shyam and Chand Sachdeva expressed satisfaction at the sentencing. “We have got justice. It is a landmark judgement which shows that no one is above law,” said the father. The mother said she was satisfied with the sentence saying, “A death penalty would not have brought my son back. It would only have separated another mother from her son.”Rocky’s lawyer Anil Sinha said they will move the Patna High Court against the lower court verdict. Aditya’s parents expressed hope that the state government will continue their fight in higher courts too.Following a public uproar over reports of the police going soft on the accused, the state government had put the case on speedy trial, and the chargesheet was filed within a month of the incident.The parents had lost hope of justice when Rocky was granted bail by the Patna High Court in October last year, and Aditya’s friends turned hostile. The police said it was Rocky’s Beretta pistol, mobile phone location and other circumstantial and forensic evidence which solidified its case.

Parliament consciously kept voidable marriage age for girls: Govt

<!– /11440465/Dna_Article_Middle_300x250_BTF –> Parliament, in its wisdom, had taken a conscious decision to keep the age limit of voidable marriage between 15 and 18 years in case of girls, the government told the Supreme Court today.It said the legislature kept in mind the socio-economic conditions of the country and was aware of the international conventions, while deciding to keep the voidable clause in case of child marriages.A bench of Justices M B Lokur and Deepak Gupta questioned the Centre about the logic behind keeping different age limits of voidable marriage for girls under different laws.”In Indian Penal Code its different, in Prohibition of Child Marriage Act its different, in Hindu Marriage Act its different. What is the logic keeping different age limits for the marriage of girls,” the bench said.It also questioned the government for giving a varying window of age in different laws to women married at an age below 18 years, to walk out of the marriage.During the hearing, the apex court also expressed concern over the prevalence of child marriages in the country despite a specific law prohibiting it, saying “these are not marriage but mirages.””These cases will not be reported even if we hold the exception to IPC as void. Hardly any women will come to court.If both man and woman are of the age of 19 years, then the marriage is voidable at the instance of the man. The question still is where can we go? We have to look every aspect,” the bench observed.Senior advocate Rana Mukherjee, appearing for Centre, said child marriage was abhorrent to the Prohibition of Child Marriage Act (PCMA), but it still happened.”These marriages do happen in the society. Legitimacy of the child born from such marriage has to be given. Parliament was aware of voidable marriages happening in the society and therefore it had taken a conscious decision and kept the age limit of 15 to 18 years for marriage of girl,” he said.The court was hearing pleas questioning the validity of a provision permitting a man to have physical relationship with his wife, even if she was aged between 15 and 18 years.Section 375 of the IPC, which defines the offence of rape, has an exception clause that says intercourse or sexual act by a man with his wife, not below 15 years, is not rape.Centre’s arguments remained inconclusive and will continue tomorrow.Advocate Jayna Kothari, appearing for NGO Child Rights Trust, said the exception to section 375 of IPC is defeating the very purpose of PCMA and was also in violation of international conventions of which India is a signatory.She said the right to privacy, as recognised by the Supreme Court in its recent decision, secured for every individual a private space free of intrusion and autonomy over most intimate, personal decisions.”This is a concomitant ingredient of dignity which is so essential to development of human personality. Exempting sexual violence against minor girls from criminal prosecution within marriage, not only violates such right by depriving of their autonomy but also violates their fundamental right to life and bodily integrity,” she said.Kothari, assisted by advocate Disha Chaudhari, said the PCMA cannot be effectively implemented as the exception with regard to minor women legitimises violence against minor girls within marriage and hinders the provisions of the PCMA.”Where on one hand it gives minor girls the option to nullify an early marriage, on the other it denies them any legal recourse for sexual abuse suffered within such voidable marriage,” she said, adding that several high courts have repeatedly recognised that the PCMA overrides personal law.Earlier, the bench had expressed dismay over the prevalence of the practice of child marriage despite the existence of the PCMA and termed as unfortunate that this was being done mostly at the behest of girl child’s parents.The Centre, in its affidavits, had admitted that child marriage were still happening in the country due to uneven economic and educational development. “It has been therefore decided to retain the age of 15 years under exception 2 of section 375 of IPC, so as to give protection to husband and wife against criminalising the sexual activity between them,” it had said.It had said that lawmakers had taken a pragmatic view regarding the issue of ‘marital rape’ as marriage being a social institution was the bedrock of any society and hence, needs to be protected.The NGO sought direction to declare exception 2 to Section 375 of the IPC as “violative of Articles 14, 15 and 21 of the Constitution to the extent that it permits intrusive sexual intercourse with a girl child aged between 15 and 18 years, only on the ground that she has been married.” It also referred to the provisions of the Protection of Children from Sexual Offences Act (POCSO), 2012, and said these were contrary to the IPC provision. P

NDTV entitled to tax deduction on news software export: Delhi HC

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court on Thursday upheld the findings of the Income Tax Appellate Tribunal (ITAT) that NDTV Ltd was entitled for income tax deductions on television news software produced and exported by it outside the country.A bench of Justices S Muralidhar and Pratibha M Singh dismissed the Income Tax department’s appeal against the ITAT July 2004 decision, which had held that NDTV Ltd was entitled to the deduction under Section 80HHE of the Act.”The assessee (NDTV) has in the present case discharged its onus of showing that the television programmes produced by it answers the description of computer software under clause (b) to the explanation to Section 80HHE of the Act.”Therefore, the ultimate conclusion reached by the ITAT calls for no interference. For all the aforementioned reasons, the question framed by the court by the order dated August 17 2005 is answered in the affirmative, that is, in favour of NDTV and against the Revenue (department),” the bench said.During the hearing of the appeal, the high court had framed a question for examination as to whether the television news software produced and exported by NDTV abroad was customised electronic data and thereby eligible for deduction under Section 80 HHE of the Act.Section 80HHE of the Income Tax Act provides for deduction in respect of profits earned from export of computer software etc if the firm brings convertable foreign exchange into the country within a period of six months from the end of the previous year.The income tax department had moved the court challenging the ITAT order on the ground that there was an error in the findings.The revenue department had submitted that the matter be remanded back to the ITAT for a fresh adjudication on merits.On other hand, NDTV counsel senior advocate M S Syali and advocate Mayank Naghad had opposed the request for remand of the proceedings.Agreeing with the NDTV’s contention, the bench observed “considerable time having elapsed, remanding the matter to the ITAT for that purpose would only delay the matter further”.The matter concerned NDTV’s claim under section 80HHE seeking deduction from taxability of revenue from export of News Programme to Star TV for the assessment year 1999-00.

Marital rape a criminal offence? Delhi High Court agrees to hear plea

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A day after the Centre’s pro-marital rape affidavit, in what can be termed as small victory for women rights, the Delhi High Court on Wednesday agreed to hear a plea about criminalising marital rape.The High Court on Wednesday agreed to hear a plea by a gender equality organisation.The pleas advocate that rape in marriage must be made a crime on the ground that sexual violence violated human rights.A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar allowed the intervention application by Forum to Engage Men (FEM) and made it a party in the petitions seeking declaration of Section 375 (offence of rape) of the Indian Penal Code as unconstitutional.The rights group has argued that the IPC Section discriminates against married women being sexually assaulted by their husbands.The latest development will bring some relief for many gender equality groups that had slammed the government for filing an affidavit that supported marital rape.In the affidavit, the Centre had said, “the marital rape cannot be made a criminal offence as it could become a phenomenon which may destabilise the institution of marriage and an easy tool for harassing the husbands.”However, the Wednesday’s decision by the High Court will not only help in furthering the debate on marital rape but may actually force the government to change its stand on the issue.The High Court was hearing the application filed by Dr Abhijit Das, a member of FEM which claims to be a network of organisations and individuals, said wives should not be reduced to objects and supported women’s right for effective decision-making on reproduction.It said that marital rape was an exception in the law that took away the rights of the wives to say “no”, as also their right to say “yes” to consensual sexual intercourse.”Marriage is a partnership between equals. However, men have historically assumed privileges including the privilege of having sex at their instance. Most women have been conditioned to accept that.”The fact that some women have been driven to complain of coerced sex and sexual violence indicates that they are going through extreme levels of violence and coercion and have been literally pushed to the wall,” the plea said.”We believe that in Indian society, a wife will only bring about such a complaint against her husband when there is actual non-consent and she is desperate,” it said.The court has agreed to examine the issue raised in the Public Interest Litigations by the NGOs RIT Foundation, All India Democratic Women’s Association and a man and a woman, who have sought striking down of the exception in the Indian penal law that did not consider sexual intercourse with a wife, not less than 15 years of age, as rape.(With PTI inputs)

Caught on Camera: Doctors’ argue during surgery of pregnant woman in Jodhpur, newborn dies

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A verbal spat between two doctors during C-Section surgery of a pregnant woman in Rajasthan’s Jodhpur was caught on camera.The doctors in a video can be seen arguing loudly and threatening each other in Hindi while operating a pregnant woman in the operation room. However, it was not clear what lead to the argument between the two.With the death of a newborn child, the hospital has suspended both the doctors. “When a woman was admitted, the foetus was in distress and had a low heartbeat. Still, we will probe reason for newborn’s death,” said the Superintendent of Umaid Hospital.”Both doctors have been removed immediately and disciplinary action will be taken against them,” said hospital’s principal, AL Bhat.

Can’t criminalise marital rape, it will destablise intitution of marriage: Centre to Delhi High Court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Marital rape cannot be criminalised in India as it would destabilise the institution of marriage, the Centre told the Delhi High Court on Tuesday.According to latest media reports, the ruling NDA government was responding to a petition filed by an NGO representing men victimised by misuse of the gender laws.According to the affidavit filed in the court, the government said, “Marital rape in India cannot be criminalized as India has its own unique set of problems like literacy, lack of financial empowerment of the majority of females, mindset of the society, vast diversity, poverty, etc.”What lies at the heart of this debate is Section 375 of the Indian Penal Code.The section that defines “rape” and “consent” has a very fine detail that changes how one views rape in the marriages. According to the section, “sexual intercourse or sexual acts by a man with his own wife, the wife not being under 15 years of age, is not rape”.The ruling NDA government that has been appreciated for its pro-women, gender justice approach has always opposed the concept of criminalising marital rape.In 2015, NDA minister Haribhai Parathibhai Chaudhary told the Rajya Sabha in a written reply that, “It is considered that the concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context.”Though the United Nations may have recommended India to criminalise marital rape, the government has never reacted positively on the issue.Coincidentally, on a day when the government was stating its stand on the issue, Supreme Court lawyer and husband of Union Minister Sushma Swaraj was under fire for ‘pro-marital rape’ tweet.In a country where over a lakh women are suffering domestic violence silently, the issue of marital rape is rather very shadowy.Be it societal concern or the taboo of discussing sexual violence in marriage, despite growing voices, nothing concrete has been done in this regard.

NGO challenges pleas that seek making marital rape a crime

<!– /11440465/Dna_Article_Middle_300x250_BTF –>An NGO representing men victimised by misuse of gender laws has filed a petition in the Delhi High Court (HC), opposing several petitions that seek making marital rape a criminal offence.A Bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar allowed the intervention application by the NGO, Men Welfare Trust, and said it will be heard on Tuesday. The court was hearing petitions seeking declaration of Section 375 (offence of rape) of the Indian Penal Code (IPC) as unconstitutional on the ground that it discriminated against married women being sexually assaulted by their husbands.The NGO said the issue affected a large number of men who were “vulnerable” in getting victimised at the hands of women who file “false” rape and domestic violence cases.”The applicant (NGO) wishes to argue that the existing laws are very much capable of dealing with cases of sexual abuse of women and there is no need to either bring a fresh law to deal with it or to withdraw the protection granted to husbands provided under Section 375 of the IPC,” the plea, filed by NGO’s President Amit Lakhani and Vice-President Ritwik Bisaria, stated.It further claimed that when a person gets married, he or she gives consent to the spouse to have sex and any such sexual act cannot be termed rape.”A comparison between the marriages solemnised in the Indian and the Western societies makes it clear that in the Indian society, marriage is considered a sacred relationship, with an aim to procreate and lead a happy life.Marriages in the Western world are considered to be a contract between the husband and the wife. Accordingly, the concept of marital rape cannot apply in the Indian context. If there is an abuse of sexual nature, Indian laws have already provided a remedy to deal with it,” the plea said.Citing the statistics of the National Crime Record Bureau (NCRB), the plea stated that 62,000 married men committed suicide every year, which was more than double the suicides by women, with domestic including martial issues being the single largest reason.Earlier, the Centre had defended its legislation, saying child marriages were taking place in India and the decision to retain a girl’s minimum age as 15 years to marry was taken under the amended rape law to protect a couple against criminalisation of their sexual activity.

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