25/12/2017Comments Off on DIVORCE/MAINTENANCE: Courts cannot force husband to ‘keep wife’, says Supreme Court; ‘cooling off’ period for granting divorce …
DIVORCE/MAINTENANCE NEWS
Courts cannot force husband to ‘keep wife’, says Supreme Court 6-month ‘cooling off’ period for granting divorce can be waived: SC Supreme Court bars Triple Talaq for six months. Here’s a 11-point primer Man can’t seek divorce over wife’s desire for bed tea: HC Separated at 21 months, SC gives girl’s custody to mother Delhi High court sets aside ‘mechanical’ award of maintenance to wife More …
Mere expression of any words without any intention to cause alarm would not be sufficient to bring in the application of section 503 of IPC. But material has to be placed on record to show that the intention is to cause alarm to the complainant. “…in exercise of its jurisdiction under Section 482 Cr.P.C., the court should be extremely cautious to interfere with the investigation or trial of a criminal case and should not stall the investigation, save except when it is convinced beyond any manner of doubt that the FIR does not disclose commission of offence and that continuance of the criminal prosecution would amount to abuse of process of the court.” – SC Judgment dated 20.01.2015 – Manik Taneja & Anr. Vs. State of Karnataka & Anr.
The Supreme Court made the observation while hearing a case in which the husband was booked for dowry harassment.
Hindustantimes.com Nov 26, 2017 The Supreme Court has said that courts cannot force a husband to “keep his wife” as it asked a man to deposit Rs 10 lakh as interim maintenance for his estranged wife and upkeep of their son. The apex court restored the bail order of the Madras high court which was cancelled after the husband refused to comply with the compromise agreement. …
Timesofndia.indiatimes.com Sep 13, 2017 NEW DELHI: A Hindu married couple may not need to wait six months for a separation order in the case of mutual consent and the marriage can be legally terminated in just a week as the Supreme Court on Tuesday held that the “cooling off” period in not mandatory and can be waived off. The court ruled that the stipulation under the Hindu Marriage Act for a six-month wait could be done away with if all efforts for mediation and conciliation intended to reunite the parties had failed. The waiving off can be considered if the parties had already lived separately for at least a year. In such situations, the court could take a view that delay in proceedings will only prolong subsequent resettlement. …
economictimes.indiatimes.com Aug 22, 2017 A 5-judge Supreme Court bench has barred the controversial Triple Talaq practice, asking the Centre to bring legislation. The apex court put a six-month stay on the practice, directing Parliament to enact a law within the given time period. After reading separate judgments, the bench ruled in 3:2 majority that Triple Talaq was void and illegal and ‘unconstitutional’. SC referred to the abolition of Triple Talalq in Islamic countries and asked why can’t India get rid of it. …
Deccanherald.com November 6, 2016 A man cannot claim cruelty and seek divorce from his wife for asking him to serve her tea in bed and over her habit of rising late, the Delhi High Court has said. This can be called laziness which does not constitute cruelty, the court said. It also held that the wife’s denial of sex during pregnancy cannot be the ground for divorce. …
India.com February 17, 2017 New Delhi, Feb 17 (PTI) An eight-year old girl was united with her mother after over six years by the Supreme Court, which said it was not possible for the child to comprehend the comfort of maternal love while staying with the father. The girl was separated from her mother when she was only 21 months old after her parents separated due to matrimonial discord, with the father getting the infant’s custody. …
Indianexpress.com The HC noted that the family court “casually” calculated the annual income of the husband from 2012 to 2016 on the basis of the Dirham to Rupee conversion rate of 2016 and not the earlier years. January 29, 2017 Finding fault with the “mechanical” manner in which a family court computed the monthly maintenance to be paid to a woman by her Dubai-based husband, Delhi High Court has set aside the decision saying the man’s cost of living there and the wife’s expected expenses here were overlooked. A bench of justices Pradeep Nandrajog and Yogesh Khanna also said the family court “casually” calculated the annual income of the husband for the years 2012 to 2016 on the basis of the Dirham to Rupee conversion rate of 2016 and not the earlier years. …
Timesofndia.indiatimes.com Dec 8, 2016 MUMBAI: A warring Hindu couple now has 90 days, not 30, to file an appeal against a divorce decree granted by a family court, a full bench of the Bombay high court has held. …
Timesofndia.indiatimes.com Sep 10, 2016 MUMBAI: Can a family court direct a wife to be medically examined to enable the husband to prove his claim of non-consummation of marriage? Certainly, said the Bombay high court as it upheld an order passed this July by the Mumbai family court in a divorce petition filed in 2011 on grounds of non-consummation. …
Timesofndia.indiatimes.com Aug 11, 2016 CHENNAI: If a married couple wants divorce by mutual consent, it is not a court’s business+ to deny them judicial separation by insisting on knowing the reason for their decision, the Madras high court has said. Noting that a court could not act like a fact-finding authority, a division of Justice K K Sasidharan and Justice N Gokuldas said: “In case the marriage is a failure and the parties wanted to put an end to the marital bond, the court should respect the sentiments and grant divorce. It is not the intention of the legislature to deny divorce in spite of the parties taking a conscious decision to part ways.”
Dnaindia.com Apr 03, 2016 A man, accused in a domestic violence case, has been ordered to pay a monthly maintenance of Rs 35,000 to his estranged wife, with a Delhi court dismissing his appeal saying the woman is entitled to live the status she was enjoying before parting ways. …
Timesofndia.indiatimes.com Dec 21, 2015 Last week, a Noida woman filed a complaint against her husband after he sent her a talaq over email for being “too dark-skinned”. …
Oneindia.com Sunday, October 11, 2015 Thiruvananthapuram, Oct 11: Her husband divorced her using the messaging app WhatsApp. But she did not know anything about his whereabouts. …
(Pixabay Image)
No alimony if woman divorced over adultery, HC rulesTimesofndia.indiatimes.com Aug 17, 2015 MADURAI: A woman divorced on the ground of adultery cannot claim maintenance from her ex-husband, the Madras high court has ruled. …
SC: Right to maintenance of a wife absolute, Section 125 of CrPC applicable on divorced womenTimesofndia.indiatimes.com Apr 7, 2015 NEW DELHI: The Supreme Court on Monday said the right to maintenance of a wife was absolute and no exceptions could be made, ruling that Section 125 of the Code of Criminal Procedure, which embodies this rule, would apply to divorced Muslim women as well. …
Qualified woman can’t claim maintenance: CourtTimesofndia.indiatimes.com Mar 8, 2015 MUMBAI: A family court has observed that a well-qualified woman cannot claim maintenance from her husband. …
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25/12/2017Comments Off on MARRIAGE: Centre offers Rs 2.5 lakh for every inter-caste marriage with a Dalit …
Centre offers Rs 2.5 lakh for every inter-caste marriage with a Dalit Wife’s religion does not merge with husband’s after marriage: SC Woman has right to live in matrimonial home even if dad-in-law owns it: HC Sex With Wife Below 18 Can Be Punished With Life Imprisonment: Supreme Court More …
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Indianxpress.com December 6, 2017 Removing the income ceiling of Rs 5 lakh per annum, the Centre has opened its scheme meant to encourage inter-caste marriages to all couples where either the bride or the bridegroom is a Dalit. The ‘Dr Ambedkar scheme for social Integration through inter caste marriage’ was started in 2013, with a target to provide monetary incentive to at least 500 such inter-caste couples per year. As per rules, such couples whose total annual income does not exceed Rs 5 lakh are eligible to get a one-time incentive of Rs 2.5 lakh from the Centre. …
Photo Used for Representational Purpose (Pixabay Image)
Timesofindia.indiatimes.com Dec 8, 2017 NEW DELHI: The Supreme Court disagreed on Thursday with the Bombay high court’s ruling that a woman’s religion merges with her husband’s faith after marriage and requested the Valsad Zoroastrian Trust to reconsider its decision to bar a Parsi woman from entering the Tower of Silence to perform the l last rites of her parents only because she married outside the community. …
Timesofindia.indiatimes.com Oct 22, 2017 Mumbai: The Bombay high court has held that a woman gets the right to live in her matrimonial home or a shared household irrespective of whether it belongs to or is owned by her husband. It relied on the Protection of Women from Domestic Violence Act to direct a man not to dispossess his wife until the Family Court decides on his plea— to declare their marriage a nullity as she was not divorced from the first husband or to grant him a divorce. The husband claimed she had barged into his father’s Mulund home. …
Ndtv.com October 13, 2017 New Delhi: The Supreme Court judgement criminalising sexual intercourse by a man with his minor wife can attract a jail term of 10 years under the India Penal Code or even a life term under the Protection of Children from Sexual Offences (POCSO) Act. The top court’s landmark decision to amend Exception 2 of Section 375 (definition of rape) of the IPC, which had earlier exempted husbands from being tried for rape for having sexual relations with wives of 15 to 18 years of age, would now make such males liable for prosecution and stringent punishment. …
Indianxpress.com “Under Hindu Law, marriage is a ‘sacrament’ (solemn pledge) and not a contract which can be entered into by execution of a marriage deed”, the court said. January 29, 2017 Marriage under the Hindu law is “sacrament” and “not a contract” which can be entered into by executing a deed, Delhi High Court has observed while dismissing a plea by a woman who had challenged an order refusing to declare her as the legally-wedded wife. The woman had approached the court seeking her appointment for job on compassionate ground after the death of her alleged husband, a former sanitation staff in a city government hospital, and a direction to the medical superintendent to release consequential benefits and allow her to join duties. …
Timesofindia.indiatimes.com Nov 23, 2016 NEW DELHI: A man was acquitted of rape charges after the court found that the woman complainant hid her marital status from her parents because the groom belonged to a lower caste. Additional Sessions Judge Sanjiv Jain also noted several inconsistencies in the testimony of the woman who married the accused in a temple as per “Gandharva vivah” rituals, but later claimed she was forced into a physical relationship and the man’s parents had demanded money. ..
Timesofindia.indiatimes.com Sep 9, 2016 Jaanki is physically and psychologically distraught. She was raped by her husband, not once but several times. She confides in her mother. To her utter shock, her mother confesses that she has been subjected to a similar fate in her married life. In disbelief, Jaanki snaps, …
Timesofindia.indiatimes.com Apr 20, 2016 NEW DELHI: Women and child development minister Maneka Gandhi said on Tuesday the Centre was considering criminalizing marital rape. When asked if there was an attempt to push for criminalization of marital rape, Maneka replied, “Now there is.” …
Hindustantimes.com Mar 06, 2016 In the absence of evidence like wedding invitation and photographs, the cohabitation of a man and woman for a long time could be taken as a valid proof of marriage, the Madras high court ruled. …
Shakuntala with friends writing a letter to Dushyanta [Raja Ravi Varma [Public domain], via Wikimedia Commons]
Timesofindia.indiatimes.com Feb 22, 2016 NEW DELHI: A single letter can constitute an act of cruelty, the Delhi high court has said, granting divorce to a man living separately from his estranged wife for the past 28 years. …
Timesofindia.indiatimes.com Dec 19, 2015 NEW DELHI: A Lucknow-based couple went to Goa on honeymoon but on the flight back home, they had such a fight that the husband simply walked off the flight at a stopover. Unbelievable as it may sound, this is what was witnessed on IndiGo’s Goa-Kolkata-Patna-Lucknow-Delhi flight (6E 633) on Thursday. …
Timesofindia.indiatimes.com Jul 7, 2015 NEW DELHI: An unwed mother must be recognized as the legal guardian of her child and she cannot be forced to name the father, nor does she need his consent, while deciding guardianship rights, the Supreme Court ruled on Monday in a path breaking verdict on gender equality. …
HC directs police to register FIR against husbandBusiness-standard.com May 8, 2015 The Madurai bench of the Madras High Court here today directed police to register a case against a man who was charged with not consummating the marriage after the wedding in 2011, on the basis of the complaint from his wife. …
Man, LLB, turns tables on wife’s rape chargeTimesofindia.indiatimes.com Apr 29, 2015 AHMEDABAD: An insurance agent studied law to fight rape charges levelled by his wife. Acquitted by courts, practising advocate Pankaj Chavda, 37, has now slapped a Rs 50 lakh defamation suit against his wife for implicating him and a friend in a false rape case. …
Woman ‘rapist’ says she ‘married’ victimMumbaimirror.com Apr 4, 2015 38-year-old Chembur resident Rahat Zakira Khan, booked for sexually assaulting minor, claims she tied the knot with him in a Vashi temple. …
Matrimonial website not liable for online fraud: HCTimesofindia.indiatimes.com Apr 11, 2015 MUMBAI: A matrimonial website cannot be held responsible if a user is “careless and negligent” and falls for one of the common “internet scams”, Bombay high court has ruled. …
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21/12/2017Comments Off on RTI: Providing illegible documents amounts to denial of information: CIC; Court records can also be obtained under RTI: CIC …
RTI NEWS
Providing illegible documents amounts to denial of information: CIC Court records can also be obtained under RTI: CIC Corporate Debt Restructuring (CDR) Cell and Institute of Banking Personnel Selection (IBPS) not public authorities under the RTI Act: CIC Maintain order sheets, upload within three days: Delhi HC to Central Information Commission Disclose DHJS exam interview marks under RTI: HC Amount charged after delaying the information to be returned Service Details Of Employees Amount To ‘Personal Information’ under the RTI Act: SC More …
Providing illegible documents amounts to denial of information: CIC
Dec 11, 2017 : Dtf.in A perusal of the CIC’s Interim shows that the appellant had alleged that the CPIO was causing delay in resolving his seniority issue which has resulted in reduction of his salary by Rs. 17,000 (approximately). The Commission found that the appellant has a genuine case, as giving illegible documents amounts to denial of information. Accordingly, the CPIO was, inter alia, directed to explain why the Public Authority should not be directed to pay compensation to the appellant for providing illegible documents, within 15 days from the date of the order. Further, the Public Authority has been directed to return the amount of Rs. 176 deposited by the appellant. The case is posted by Hon’ble Information Commissioner for compliance proceedings on 04.01.2018. See the CIC Decision >>> Selected Decisions of Central Information Commission (CIC)
Nov 08, 2017 : Umesh Sharma, Advocate, Legalhelplineindia (www.legalhelplineindia.com) New Delhi. The CIC has ruled that the court records are part of the public documents, hence the same can also be obtained under the RTI Act. The definition of public records is also dealt in Section 74 of the Indian Evidence Act of 1972, which reads as under: “74. Public documents.—The following documents are public documents : (1) Documents forming the acts, or records of the acts (i) of the sovereign authority, (ii) of official bodies and tribunals, and (iii) of public officers, legislative, judicial and executive, 1[of any part of India or of the Commonwealth], or of a foreign country; 1[of any part of India or of the Commonwealth], or of a foreign country; (2) Public records kept 2[in any State] of private documents.” The CIC appeal was against an order passed by the PIO of district courts wherein the records of the court proceedings were denied to a complainant. CIC has declared him entitled to the records and issued directions to the PIO. There is a process of inspection of the court records and granting the certified copies of the court records and every court has a copying agency where anyone can apply for certified copies of the court records as per the rules and obtain the certified copies of the documents of a particular case file. The rules however mandate the distinction between decided and pending cases. The records of a decided case can be granted to anyone on application but for the pending cases, the records can only be obtained by the party concerned. Besides this the records of the court can be summoned to any other court and presented. Some unanswered questions in this regard still remain determination as to whether the cause list maintained by the courts is a judicial record or a public record? Several statutory, mandatory and administrative registers maintained in the courts are also undefined whether they are judicial records or administrative records. Since the court records contain both judicial as well as administrative records containing the personal information of the litigating parties, a thin line of demarcation is to be drawn before disclosing all the information to any third party and making the said records as public records. In some cases, courts specifically pass gagging orders for keeping the records in sealed covers, in some cases such as crime against women the names of the females or victims is not to be disclosed. There are several unanswered questions still to be delved upon. The right to privacy of an individual also needs to be kept in mind while disclosing personal information. The order passed by CIC will go a long way in establishing transparency. In an era where all the public records should be available online in digital form, this order of CIC is a step forward.
Corporate Debt Restructuring (CDR) Cell and Institute of Banking Personnel Selection (IBPS) not public authorities under the RTI Act: CIC
Oct 04, 2017 : Dtf.in The CIC vide its Decision dated 16.09.2017 has decided that the Corporate Debt Restructuring (CDR) Cell is not a public authority. The CIC vide its Decision dated 04.09.2017 has decided that the Institute of Banking Personnel Selection (IBPS) not a public authority. To see copies of the CIC Decisions dated 16.09.2017 and 04.09.2017, pleaseclick here.
Moneycontrol.com Sep 24, 2017 In a bid to make the functioning of the country’s transparency watchdog Central Information Commission (CIC) transparent, the Delhi High Court has directed it to maintain a record of daily proceedings and upload it within three days of the hearing a case. The order came after the CIC told the High Court that most of the cases were decided on the basis of a single hearing and hence, there was no requirement for maintaining the record of daily orders. …
India.com September 24, 2017 New Delhi, Sep 24 (PTI) The Delhi High Court has directed its information officer to disclose under the RTI, the marks awarded by an interview panel to candidates of Delhi Higher Judicial Service (DHJS) examination held in 2013. The court said when the results of the examination have been placed in public domain, there was no question of claiming any exemption under the Right To Information (RTI) Act. …
Amount charged after delaying the information to be returned
Sep 16, 2017 : Dtf.in Information regarding the number of outsider postmen at Jalgaon HO and since when they had been discharging their duties along with their names and other particulars, was sought by an information seeker under the Right to Information Act, 2005. CPIO provided point-wise information 25.02.2015. FAA vide his order stated that information on record be supplied within the stipulated period. Being dissatisfied by the response received, the appellant approached this Commission. The CIC on May 29, 2017 ordered, inter alia, as under:- “It is wrong to collect huge amount after delaying the response by two months. As per law they cannot charge if they have delayed the response beyond one month. Hence the Commission directs the respondent authority to provide complete information after certifying the documents and return Rs.7,096 to the appellant.” More: CIC Decision dated 14.09.2017 on the Appeal filed by Shri R.B. Patil Vs. PIO, Department of Posts>>>CIC Decisions
Service Details Of Employees Amounts To ‘Personal Information’ under the RTI Act: SC
Sep 01, 2017 : Dtf.in The Supreme Court has held that service details of employees, being personal in nature, was exempt from being disclosed under Section 8(1)(j) of the Right to Information Act, 2005. Such details cannot be provided unless there is involvement of any larger public interest. The Hon’ble Supreme Court has held as under:- “14) … … It is for the reasons that, firstly, the information sought by respondent No.1 of individual employees working in the Bank was personal in nature; secondly, it was exempted from being disclosed under Section 8(j) of the Act and lastly, neither respondent No.1 disclosed any public interest much less larger public interest involved in seeking such information of the individual employee and nor any finding was recorded by the Central Information Commission and the High Court as to the involvement of any larger public interest in supplying such information to respondent No.1. 15) It is for these reasons, we are of the considered view that the application made by respondent No.1 under Section 6 of the Act was wholly misconceived and was, therefore, rightly rejected by the Public Information Officer and Chief Public Information Officer whereas wrongly allowed by the Central Information Commission and the High Court. 16) In this view of the matter, we allow the appeal … “ More: SC Judgment dated 31.08.2017 – Canara Bank Rep. by its Deputy Gen. Manager Vs. C.S. Shyam & Anr.>>> Supreme Court Judgements
Hindustantimes.com Aug 24, 2017 The Delhi high court on Wednesday upheld a CIC order directing the Centre to give IFS officer Sanjiv Chaturvedi a copy of the Intelligence Bureau (IB) report regarding alleged harassment and false cases filed against the whistle-blower for exposing graft during his tenure as forest officer in Haryana. The court dismissed the IB’s plea challenging Chief Information Commission’s (CIC) April 2016 order directing to provide a copy of the report in relation to the alleged harassment, human rights violation, and false cases filed against Chaturvedi. …
Indiaexpress.com August 17, 2017 The Central Information Commission has directed the Madras High Court registry to upload impugned orders of lower courts and tribunals on its website in larger public interest. Chief Information Commissioner R K Mathur said the disclosures would help the general public, litigants and stakeholders link the orders of the High Court with impugned or challenged orders. …
India.com July 19, 2017 New Delhi, Jul 19 (PTI) The number of penalties imposed by the Central Information Commission have reduced by 61 per cent between 2013-14 and 2015-16. “In so far the Central Information Commission (CIC) is concerned, penalty was imposed in 138 number of cases in the year 2013-14, 44 cases in 2014-15 and 54 cases in 2015-16. No data is centrally maintained for state information commissions,” Minister of State for Personnel, Public Grievances and Pensions, Jitendra Singh today said in the Lok Sabha. …
Aisanage.com Jul 12, 2017, Mumbai: The Centre’s new set of draft rules for Right To Information (RTI) Act, which makes it tougher for applicants to seek information under the Act, has become controversial. One of the major provisions that is being opposed by all, says that the application would be discarded if the applicant dies. RTI activists across the country have been fighting to remove this particular provision, which according to them would jeopardise the lives of the applicants. There have been allegations that the government has tried to dilute the RTI Act ever since its inception. …
Hindustantimes.com Jul 08, 2017 Earlier this year the government proposed some changes to the RTI rules, which has caused concern to activists. Once passed, the RTI Rules 2017 will replace the RTI Rules 2012. The proposed rules were put out on the DoPT website for comments, and many say they have written to the department with their suggestions. Two of the most worrying changes in the rules are the provisions that proceedings pending before the commission shall abate on the death of the appellant and that the Commission may allow an appellant to withdraw an appeal if the matter has not been finally heard or a decision or order not been pronounced already by the Commission. (HT) …
India.com July 9, 2017 New Delhi, Jul 6 (PTI) Why can’t the office of high constitutional functionaries like Governor come under the ambit of the Right to Information (RTI) Act, the Supreme Court asked today. A bench of Justices Arun Mishra and Amitava Roy raised the question during the hearing of a plea file by the Centre challenging a 2011 order of Bombay High Court directing the disclosure of Governor’s report given to the President about the political situation in Goa in 2007. …
Firstpost.com Jul, 02 2017 New Delhi: The Central Information Commission (CIC) has directed the government to proactively put in the public domain data about officials facing corruption cases in each department. The transparency watchdog has directed the Department of Personnel and Training to ensure that “numerical” data of government officials facing corruption charges should be brought out in public domain but not their names. …
Firstpost.com Jul, 02 2017 New Delhi: The Central Information Commission (CIC) has directed the government to proactively put in the public domain data about officials facing corruption cases in each department. The transparency watchdog has directed the Department of Personnel and Training to ensure that “numerical” data of government officials facing corruption charges should be brought out in public domain but not their names. …
India.com July 9, 2017 New Delhi, Jul 6 (PTI) Why can’t the office of high constitutional functionaries like Governor come under the ambit of the Right to Information (RTI) Act, the Supreme Court asked today. A bench of Justices Arun Mishra and Amitava Roy raised the question during the hearing of a plea file by the Centre challenging a 2011 order of Bombay High Court directing the disclosure of Governor’s report given to the President about the political situation in Goa in 2007. …
Timesofindia.indiatimes.com Jun 5, 2017 Ahmedabad: Central Information Commissioner (CIC) has returned a plea under Right to Information (RTI) Act filed by a city-based activist seeking details of black money seized after demonetization. The office has said it has returned the application as it was in Gujarati and not written in English or Hindi. …
Scroll.in Apr 04, 2017 After five years, the Union government has decided to update the rules for the implementation of the Right to Information Act, which was passed by the Congress-led United Progressive Alliance regime in 2005 to provide a transparent mechanism for citizens to access information.
The Department of Personnel and Training, the nodal department enforcing the Act, put up the draft rules on its website last week, seeking feedback from the public by April 15. The idea behind the revamp of the rules is to simplify the process of obtaining information. However, certain changes proposed in the new draft rules have not gone down well with transparency activists, who fear it may end up as a tool to intimidate them and discourage citizens from using the law. …
CIC directed Chief Passport Officer to lay down clearly articulated policy, shared with general public, for re-verification of police report
March 13, .2017 : Dtf.in New Delhi. The Chief Passport Officer has been directed by the Hon’ble CIC, inter alia, to lay down clearly articulated policy, shared with general public, for re-verification of police report. The Hon’ble CIC’s order was passed while deciding the second appeal from an RTI applicant who had applied for issuance of a new passport. The respondent participated in the hearing through counsel in person. The appellant did not participate in the hearing. In the order passed on March 08, 2017, the respondent was directed to provide to the appellant the information in context of his RTI application within 30 days of the said order. The Respondent CPIO was directed to show cause why action should not be taken against them for contravening the provisions of the RTI Act including not giving correct information, within 30 days of the said order. Further, the Chief Passport Officer was “directed to issue directions to all offices for: (i) Invariably giving point-wise replies to RTI application. (ii) Specific deficient documents should be clearly mentioned. (iii) If an adverse police report is received, its copy should be sent to applicant immediately for his comments. (iv) Clearly articulated policy, shared with general public, for re-verification of police report should be laid down.” The time granted for compliance is “within 30 days”.
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Timesofindia.indiatimes.com Mar 9, 2017 CHENNAI: Data on the number of toilets, water supply, electricity and number of counters provided for transactions of receipts and withdrawals in a bank branch cannot be denied under the Right to Information Act. This is the gist of a ruling by the Central Information Commission (CIC) recently, in response to an RTI petition filed by Chennai-based consumer activist, T Sadagopan, who, in 2015 had filed an RTI petition with the Avadi branch of Bank of India (BoI). …
Cooperative Banks within the purview of the RTI Act: Bombay High Court
March 3, 2017 : Dtf.in It has been held by the Aurangabad bench of the Bombay High Court that co-operative institutions “need to supply” information to any “public authority” established under the Cooperative Societies Act. The petitioners had sought exemption under the RTI Act, 2005. In para 10 of their judgment dated February 13, 2017, in the case of Jalgaon Jillha Urban Cooperative Banks Association Ltd., Jalgaon Vs. State of Maharashtra & Ors., Hon’ble Bombay High Court has decided as under:- “The provisions of the Maharashtra Cooperative Societies Act if read with the definition of information given in section 2(f) of the Act, it can be said that everything which is mentioned in the definition of information needs to be supplied by the cooperative institution to the authority created under the Cooperative Societies Act. The definition of ‘public authority’ given in section 2(h) shows that such public authority can be created by any law made by the State Legislature. It is already observed that the officers like Register and his subordinate officers are appointed under the Cooperative Societies Act and they have the control over the aforesaid things. In view of these circumstances, the observations made by the Apex Court in the paragraphs already quoted can be used safely when the information is sought from the authority like Register or his subordinates under the Cooperative Societies Act. Thus, the reliefs claimed in the present petition cannot be granted as the reliefs can be used directly or indirectly by the cooperative institutions to deny the supply of the information. The circumstances that the other matters were allowed by this court, other Bench of this Court, cannot come in the way of giving present decision by this Court as the decision of the Supreme Court was not there when other matters were decided by this Court. This Court holds that no relief which is claimed in the present petition can be given to the petitioner. The previous interpretation made by this Court is not correct interpretation in view of the law laid down by the Apex Court. In the result, the petition stands dismissed.”
The petitioner had argued before the court that cooperative institutions registered under the Maharashtra Cooperative Societies Act, 1960 cannot be treated as `public authority’ under sections 2(h) and 8 of the RTI Act Economic Times March 02, 2017 Cooperative institutions, including around 75,000 housing societies in the Mumbai metropolitan region, can no longer refuse to share records under the Right To Information (RTI) Act with the Aurangabad bench of the Bombay high court ruling that these establishments come under the purview of the transparency legislation. …
Indianexpress.com February 21, 2017 The Delhi High Court today stayed three separate CIC orders imposing Rs 25,000 penalty on Delhi University’s public information officer for rejecting RTI applications seeking facts about the graduation degrees of Prime Minister Narendra Modi and Union Minister Smriti Irani. Justice Sanjeev Sachdeva observed that the RTI applicants “wasted judicial time” by filing “frivolous” pleas before the Central Information Commission (CIC) for rejection of their applications on technical grounds, instead of addressing the deficiencies pointed out by the central public information officer (CPIO) of Delhi University (DU). …
India.com February 15, 2017 New Delhi, Feb 15 (PTI) The Delhi High Court has set aside a CIC order directing the Bar Council of Delhi (BCD) to provide the minutes of all meetings held by it from April 2010 till March 2015 and its sources of income. Justice Sanjeev Sachdeva said the Central Information Commission (CIC) “fell in error” in issuing the direction to put all such information in public domain as the minutes of meetings would contain “confidential personal information and information received in fiduciary capacity”. …
Timesofindia.indiatimes.com Feb 08, 2017 AURANGABAD: Several government and semi-government officials here said they have become familiar with some persons, who habitually file RTI applications. They claimed that a closer scrutiny of such applications would reveal that the whole purpose of filing the Right To Information pleas contravenes the purpose of the transparency Act. …
Timesofindia.indiatimes.com Feb 6, 2017 MUMBAI: The Central Information Commission (CIC) has brought the private Council for Indian School Certificate Examinations (CISCE) board under the purview of the RTI Act. The ruling came after the appellant’s request for copies of his son’s ICSE exam answer sheets for six subjects was turned down. Kaushik’s father had applied for rechecking of his son’s papers, but CISCE norms only allow the verification of marks at a fee of Rs 4,000 for all papers. …
Telegraphindia.com New Delhi, Feb. 3 (PTI): The office of the attorney-general of India does not come under the Right to Information Act as it is not a “public authority”, Delhi High Court ruled today. The verdict by a division bench of Chief Justice G. Rohini and Justice Jayant Nath came on an appeal by the Centre challenging the decision of a single judge who had held that the AG’s office is a public authority under the ambit of the transparency law. …
Dnaindia.com Mon, 30 Jan 2017 It was conducted by the Research, Assessment and Group (RAAG) and Satark Nagrik Sangathan, which look after the implementation of RTI More than 60 percent of the central information commission (CIC) orders are “deficient” in terms of “recording critical facts” and “grounds for decision of the IC and the basis thereof.” …
Business-standard.com January 27, 2017 Central Information Commission (CIC) does not have the power to direct Tihar Jail to develop a system of compensating inmates who have been incarcerated beyond their period of sentence, Delhi High Court has held. …
Timesofindia.indiatimes.com Jan 24, 2017 NEW DELHI: The Delhi high court on Monday stayed till April 27 a Central Information Commission order asking Delhi University to allow inspection of records of all students who cleared BA examination in 1978, which includes prime minister Narendra Modi. …
Timesofindia.indiatimes.com Dec 24, 2016 LUCKNOW: Settling family disputes through RTI is a trend not new to UP State Information Commission (UPSIC). The latest to have reached the commission is from Meerut. The case pertains to a harried husband. The man has filed a complaint in the commission and said he is being harassed by his wife. He has urged to provide him the information he has sought under the Right to Information (RTI). The information, he said, if given, would be of extreme help. …
CIC directs Railway Board to amend the rules for copying charges under RTI
Dec 14, 2016 : Dtf.in New Delhi. The Central Information Commission has, on December 5, directed the Railway Board to stop charging Rs 750 per page for photocopying and follow the provisions of the RTI Act and Rules. Under the RTI Act, Rs. two per page has been fixed for photocopying. The appellant did not participate in the hearing. The respondent stated that the appellant was asked to deposit copying fee Rs. 750/- for reservation chart as per Railway Rules but the appellant did not respond to that letter. The appellant filed 2nd appeal before the CIC. Hon’ble CIC, in its order, directed the Railway Board to take steps to amend the rules regarding copying charges suitably to bring them in conformity with the letter and spirit of the RTI Act and Rules.
Order issued on an application by Rohtak-based RTI activist Tribuneindia.com Rohtak, December 5, 2016 Efforts of a Rohtak-based RTI activist to get details about the involvement of IAS, HCS, IPS and HPS officers in corruption cases finally seem to be bearing fruit. The Haryana government as well as the State Information Commission had earlier refused to furnish the information sought by the applicant under the RTI Act. The applicant then moved the Punjab and Haryana High Court, which directed the commission to reconsider the matter. …
Thehansindia.com Nov 29,2016 Two issues show the inefficiency in the system– non-filling of the vacancies and not giving pension and other benefits on the day of retirement. …
Ndtv.com November 04, 2016 New Delhi: Right To Information or RTI applicants will soon be able to file complaints and appeals with Central Information Commission (CIC) online. Home Minister Rajnath Singh will inaugurate the two-day annual convention of the CIC on Monday, during which he will launch the ‘e-Court’ system – aimed at enabling speedy disposal of appeals and complaints by using digital technology. …
Timesofindia.indiatimes.com Sep 28, 2016 NEW DELHI: The Central Information Commission (CIC) has directed the Navy to make public the inquiry report on the death of Lt Cdr Rahul Nair during a 2010 air show even as it pulled up officials for their “cavalier attitude”. In a strongly worded order, information commissioner D P Sinha said that it appeared as if an “attempt has been made to protect the interest of the defaulters and that certainly does not out-weigh the interest of the soldier who lost his life in such an accident”. …
Amity University Students awaken patriotic poems of the Nation (Image Courtesy: Amity.edu)
Enaindia.in New Delhi. August 12 (ENA). State Information Commission of Haryana has ruled that students seeking photocopies of their answer sheets under the Right to Information (RTI) Act cannot be denied permission by universities.
According to the ruling of the information commission even if university rules don’t permit the distribution of photocopies of answer sheets to students on demand, the rules under the RTI Act supersedes any university rule thereby giving students the right to demand and get photocopies of their answer sheets. …
Compensation to be paid by teacher, school if kids subjected to corporal punishment
School should be made a place of pleasant learning for kids, free from assaults and humiliations. (Pixabay Image)
July 25, 2016 : Dtf.in
The Central Information Commission (CIC) has on last Friday held that the teacher and the school also shall be liable to pay compensation to the injured child according to law. As per the order of the Information Commissioner, the denial of information by the Central Public Information Officer (CPIO) was unwarranted. The information was denied by the CPIO on the ground that it was third party information. The applicant submitted that he needed the information so that his daughter could secure custody of children in her marital dispute against husband Yagya Dutt Arya. The Information Commissioner has decided that “Even if Section 8(1)(j) is assumed to be invoked, the school should have considered that imposing corporal punishment on children is against several laws including Juvenile Justice Act, 2000, is a public wrong, its disclosure has relationship with public activity and it will be in public interest, the revelation of which would not cause unwarranted invasion of the privacy of the individual, besides larger public interest is involved in disclosure only.” The Information Commissioner has, inter alia, passed the following order:-
“28. The teacher and the school also shall be liable to pay compensation to the injured child according to law. The Commission directs the KVS, headquarters and regional directors to voluntarily disclose whether they have framed policy as advised by the NCPCR to eliminate the corporal punishment in their schools, details of incidents of corporal punishments and action taken against liable teachers, compensation to be paid and amount of compensation paid to the victims etc, every year, beginning with 2015-16, within three months. The Commission recommends that each school shall publish such a report every year, which shall be the model for other school. It will go a long way in making school a place of pleasant learning free from assaults and humiliations. The KVS also should have a policy of paying some amount as compensation to the victim children and that amount should be deducted from the salary of liable teacher. The public authority is directed to collect details of teachers punished for corporal assaults on children including the case of Mr. Yagya Dutt Arya. The Commission directs the KVS headquarters to circulate copy of this order to all schools and regional offices. Disposed of.”
Tribuneindia.com Shimla, June 9, 2016 To ensure transparency in the functioning of private educational institutions, the government has decided to bring all private colleges, senior secondary and high schools under the RTI Act 2005 with immediate effect. However, the Act will not cover medical and nursing colleges and schools affiliated to the CBSE and the ICSE. …
Timesofindia.indiatimes.com Apr 3, 2016 New Delhi, Apr 3 () An Information Commissioner has “banned” the appearance of a counsel for the External Affairs Ministry before his bench on the ground that he was not discharging his duties as an advocate, an order which has been stayed by the Delhi High Court. …
Zeenews.india.com March 15, 2016 New Delhi: In a major procedural change, the Central Information Commission has done away with the mandatory provision of sending signed hard copy of appeals through post even though the appellant approached it online. …
Zeenews.india.com In a warning to the RTI applicant, Acharyulu said, “The Commission records its admonition against the appellant for misuse of RTI against the school child and warns him against such misuse in future. January 26, 2016 The Commission admonished the principal of RD Public School and Central Public Information Officer (CPIO) of Directorate of Education (DoE) of Delhi government for disclosing information about a student to his relatives who had a dispute with the student’s family. …
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18/12/2017Comments Off on MARRIAGE: Wife’s religion does not merge with husband’s after marriage: SC …
Wife’s religion does not merge with husband’s after marriage: SC Woman has right to live in matrimonial home even if dad-in-law owns it: HC Sex With Wife Below 18 Can Be Punished With Life Imprisonment: Supreme Court Marriage under Hindu law is ‘sacrament’, not contract: Delhi High Court Court rejects wife’s rape charge More …
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Photo Used for Representational Purpose (Pixabay Image)
Timesofindia.indiatimes.com Dec 8, 2017 NEW DELHI: The Supreme Court disagreed on Thursday with the Bombay high court’s ruling that a woman’s religion merges with her husband’s faith after marriage and requested the Valsad Zoroastrian Trust to reconsider its decision to bar a Parsi woman from entering the Tower of Silence to perform the l last rites of her parents only because she married outside the community. …
Timesofindia.indiatimes.com Oct 22, 2017 Mumbai: The Bombay high court has held that a woman gets the right to live in her matrimonial home or a shared household irrespective of whether it belongs to or is owned by her husband. It relied on the Protection of Women from Domestic Violence Act to direct a man not to dispossess his wife until the Family Court decides on his plea— to declare their marriage a nullity as she was not divorced from the first husband or to grant him a divorce. The husband claimed she had barged into his father’s Mulund home. …
Ndtv.com October 13, 2017 New Delhi: The Supreme Court judgement criminalising sexual intercourse by a man with his minor wife can attract a jail term of 10 years under the India Penal Code or even a life term under the Protection of Children from Sexual Offences (POCSO) Act. The top court’s landmark decision to amend Exception 2 of Section 375 (definition of rape) of the IPC, which had earlier exempted husbands from being tried for rape for having sexual relations with wives of 15 to 18 years of age, would now make such males liable for prosecution and stringent punishment. …
Indianxpress.com “Under Hindu Law, marriage is a ‘sacrament’ (solemn pledge) and not a contract which can be entered into by execution of a marriage deed”, the court said. January 29, 2017 Marriage under the Hindu law is “sacrament” and “not a contract” which can be entered into by executing a deed, Delhi High Court has observed while dismissing a plea by a woman who had challenged an order refusing to declare her as the legally-wedded wife. The woman had approached the court seeking her appointment for job on compassionate ground after the death of her alleged husband, a former sanitation staff in a city government hospital, and a direction to the medical superintendent to release consequential benefits and allow her to join duties. …
Timesofindia.indiatimes.com Nov 23, 2016 NEW DELHI: A man was acquitted of rape charges after the court found that the woman complainant hid her marital status from her parents because the groom belonged to a lower caste. Additional Sessions Judge Sanjiv Jain also noted several inconsistencies in the testimony of the woman who married the accused in a temple as per “Gandharva vivah” rituals, but later claimed she was forced into a physical relationship and the man’s parents had demanded money. ..
Timesofindia.indiatimes.com Sep 9, 2016 Jaanki is physically and psychologically distraught. She was raped by her husband, not once but several times. She confides in her mother. To her utter shock, her mother confesses that she has been subjected to a similar fate in her married life. In disbelief, Jaanki snaps, …
Timesofindia.indiatimes.com Apr 20, 2016 NEW DELHI: Women and child development minister Maneka Gandhi said on Tuesday the Centre was considering criminalizing marital rape. When asked if there was an attempt to push for criminalization of marital rape, Maneka replied, “Now there is.” …
Hindustantimes.com Mar 06, 2016 In the absence of evidence like wedding invitation and photographs, the cohabitation of a man and woman for a long time could be taken as a valid proof of marriage, the Madras high court ruled. …
Shakuntala with friends writing a letter to Dushyanta [Raja Ravi Varma [Public domain], via Wikimedia Commons]
Timesofindia.indiatimes.com Feb 22, 2016 NEW DELHI: A single letter can constitute an act of cruelty, the Delhi high court has said, granting divorce to a man living separately from his estranged wife for the past 28 years. …
Timesofindia.indiatimes.com Dec 19, 2015 NEW DELHI: A Lucknow-based couple went to Goa on honeymoon but on the flight back home, they had such a fight that the husband simply walked off the flight at a stopover. Unbelievable as it may sound, this is what was witnessed on IndiGo’s Goa-Kolkata-Patna-Lucknow-Delhi flight (6E 633) on Thursday. …
Timesofindia.indiatimes.com Jul 7, 2015 NEW DELHI: An unwed mother must be recognized as the legal guardian of her child and she cannot be forced to name the father, nor does she need his consent, while deciding guardianship rights, the Supreme Court ruled on Monday in a path breaking verdict on gender equality. …
HC directs police to register FIR against husbandBusiness-standard.com May 8, 2015 The Madurai bench of the Madras High Court here today directed police to register a case against a man who was charged with not consummating the marriage after the wedding in 2011, on the basis of the complaint from his wife. …
Man, LLB, turns tables on wife’s rape chargeTimesofindia.indiatimes.com Apr 29, 2015 AHMEDABAD: An insurance agent studied law to fight rape charges levelled by his wife. Acquitted by courts, practising advocate Pankaj Chavda, 37, has now slapped a Rs 50 lakh defamation suit against his wife for implicating him and a friend in a false rape case. …
Woman ‘rapist’ says she ‘married’ victimMumbaimirror.com Apr 4, 2015 38-year-old Chembur resident Rahat Zakira Khan, booked for sexually assaulting minor, claims she tied the knot with him in a Vashi temple. …
Matrimonial website not liable for online fraud: HCTimesofindia.indiatimes.com Apr 11, 2015 MUMBAI: A matrimonial website cannot be held responsible if a user is “careless and negligent” and falls for one of the common “internet scams”, Bombay high court has ruled. …
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14/12/2017Comments Off on AADHAAR: Deadline for PAN-Aadhaar linkage extended to March 31 …
Deadline for PAN-Aadhaar linkage extended to March 31 How to verify your Aadhaar-linked mobile number and email ID online Internet firms ask for Aadhaar to provide services Government simplifies Aadhaar-based verification of existing SIMs Aadhaar now a must for post office deposits, PPF, KVP More …
Timesofindia.indiatimes.com Dec 8, 2017 NEW DELHI: The government on Friday extended the deadline for mandatory linking of PAN with Aadhaar by three months to March 31, 2018. This is the third extension given by the government to individuals to link the Permanent Account Number (PAN) with the biometric ID. The Centre had already informed the Supreme Court that it is willing to extend till March 31 the deadline fixed for mandatory linking of Aadhaar to avail various services and welfare schemes. …
Gadgetsnow.com Dec 6, 2017 How to verify your Aadhaar-linked mobile number and email ID online The 12-digit identification number Aadhaar has now become essential for a number of important tasks. We need to link it to our bank accounts, PAN number, Mutual Funds, PPF account and insurance policies. …
Timesofindia.indiatimes.com Nov 30, 2017 BENGALURU: Internet companies are now making Aadhaar —the 12-digit unique identity number—mandatory for customers to avail their services. Amazon has asked customers to upload their Aadhaar numbers to track lost packages, while Bengaluru-based car rental platform Zoomcar has said it won’t accept bookings without Aadhaar as proof of identity. Amazon said it was a necessary means of authenticating customer identity. “We ask customers to submit a government–certified ID. We understand Aadhaar is the most widely held. So it is our preferred one,” said an Amazon India spokesperson. …
Timesofindia.indiatimes.com Oct 25, 2017 NEW DELHI: The process of re-verification of existing mobile subscribers using Aadhaar is set to become simpler and more convenient, according to an official source. The government has initiated a series of measures, including allowing re-verification at subscribers’ doorstep and One Time Password (OTP) based authentication of existing users, to make the entire exercise easier for telecom subscribers. …
Timesofindia.indiatimes.com Oct 6, 2017 NEW DELHI: The government has made biometric identification Aadhaar mandatory for all post office deposits, PPF, the National Savings Certificate scheme and Kisan Vikas Patra. Existing depositors have been given time till December 31, 2017 to provide the 12-digit unique identification number. …
Timesofindia.indiatimes.com Sep 6, 2017 NEW DELHI: Unique Identification Authority of India (UIDAI) has given banks one more month to open Aadhaar enrolment centres in 10% of their branches as the deadline ended on August 30. The UIDAI will impose Rs 20,000 as fine per uncovered branch after September 30. In July, the UIDAI had asked all scheduled and commercial banks to open Aadhaar enrolment and updation facility in one out of 10 branches by August-end. The reprieve of one month has now been granted as many banks sought additional time from the authority for setting up Aadhaar facility on their premises. …
Gadgetsnow.com Aug 16, 2017 Government recently announced that it has deactivated over 81 lakh Aadhar cards. The minister of state for electronics and IT, PP Chaudhary revealed this in Rajya Sabha recently. Chaudhary told Rajya Sabha, “Till date, approximately 81 lakh Aadhaar numbers have been deactivated. The state-, year- and reason-wise data is not maintained by the UIDAI.” …
Timesofindia.indiatimes.com Dec 2, 2016 NEW DELHI: The Aadhaar number is all set to become an alternative for all online and card transactions which require password and PIN. Unique Identification Authority of India (UIDAI) is developing a mobile app that can be used by shopkeepers, merchants or individuals for receiving payments. …
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13/12/2017Comments Off on LAW: Why punish married men alone for adultery, asks SC; A Public Authority cannot act arbitrarily: SC …
Why punish married men alone for adultery, asks SC A Public Authority cannot act arbitrarily: SC SC favours audio/video recording of court proceedings, to examine issue 2-month deadline to complete rape trials unrealistic: Study Supreme Court sets timeline for courts for speedy trial, says bail should be decided in a week Can’t restrain law portal, Google from posting court orders online: Gujarat high court Don’t try to play lawmaker, Supreme Court tells judges Adult son has no legal right to stay in parents’ house, rules HC No copyright over our judgments: SC More …
TimesofIndia.indiatimes.com Dec 9, 2017 NEW DELHI: The Supreme Court agreed on Friday to examine the constitutional validity of a 157-year-old ‘gender discriminatory’ provision in Indian Penal Code which punishes a married man for adultery for consensual sexual relations with another man’s wife. A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud sought the Centre’s response in four weeks to a PIL by Joseph Shine from Kerala who is employed at Trento in Italy on why a married man alone and not the consenting wife of another should be hauled up. …
A Public Authority cannot act arbitrarily: SC
Oct 05, 2017 : Dtf.in Hon’ble Supreme Court in its judgement dated 24.08.2017 has, inter alia, held as under:- “Undoubtedly, a development authority as a public body cannot act arbitrarily or at its own whims, in deciding whether or not to renew the lease. Its decisions must be guided by public interest. … However, exercise of discretion must meet the touchstone of Article 14 of the Constitution. As a public authority, the decision must be fair, reasonable and guided by public interest.” More: Copy of the SC judgment dated 24.08.2017 >>> Supreme Court Judgments
TimesofIndia.indiatimes.com Aug 15, 2017 NEW DELHI: Shedding its reluctance for years for audio-video recording of court proceedings, the Supreme Court on Monday favoured installation of CCTV cameras in all courts, including in the apex court itself, to record proceedings after the Centre backed the proposal. In 2015, an SC bench, headed by then CJI H L Dattu, dismissed a PIL seeking its direction for video-recording of court proceedings. Similarly, the Bombay HC last year denied permission to introduce video recording, saying, “These are courts, not stages and sets from The Truman Show.” … Continue reading.
TimesofIndia.indiatimes.com Jul 17, 2017 NEW DELHI: A 15-month-long study commissioned by the law ministry on trials of rape survivors has concluded that the provision under Section 309 of the Code of Criminal Procedure (CrPC) to complete a rape trial within two months of filing of the chargesheet was unrealistic. The study said contrary to the provision in Section 309, even the survivor’s deposition was not completed in two months. The average time for deposition of the survivor was eight-and-a-half months, which continued beyond 15 months in some cases. …
TimesofIndia.indiatimes.com Mar 10, 2017 NEW DELHI: Holding that speedy trial in criminal cases is part of the fundamental rights of an accused, the Supreme Court has suggested a time-frame for lower courts to decide a case to ensure that the accused do not languish in jail due to prolonged proceedings. …
TimesofIndia.indiatimes.com Jan 21, 2017 AHMEDABAD: Gujarat high court has ruled that it cannot restrain any website or internet search engine Google from posting any of its orders online. Justice RM Chhaya on Thursday turned down a petition filed by one Dharmraj Dave, who had urged the court to direct a law portal and tech-giant Google to delete an HC judgement from internet because such a public exhibition of the order might jeopardize his chances of migrating to Australia. …
TimesofIndia.indiatimes.com Dec 9, 2016 NEW DELHI: Judges should not exhibit “judicial valour” by passing sweeping orders that encroach on the domain of the executive and legislature as the separation of powers among the organs of the state must be honoured, the Supreme Court has said. …
TimesofIndia.indiatimes.com Nov 30, 2016 NEW DELHI: An adult son has no legal right to stay in his parents’ self-acquired property, the Delhi high court has ruled while upholding the wishes of an elderly couple who wanted their son and daughter-in-law evicted from their house. …
TimesofIndia.indiatimes.com Nov 24, 2016 NEW DELHI: For long, a couple of firms had a virtual monopoly over printing judgments of the Supreme Court in book format and selling it to advocates, institutions and others. So much so that one of them claimed copyright over the manner in which it edited and published the judgments. But on Wednesday, a Supreme Court bench of Justices Ranjan Gogoi and N V Ramana ruled that no one could have copyright over judgments delivered by the apex court. It could be reproduced in its raw form by anyone without the risk of being accused of infringing copyright, the bench said, settling a long-standing dispute. …
Newindianexpress.com 25th June 2016 NEW DELHI: The Centre has introduced an anti-discriminatory clause in the recently passed Real Estate Act making it clear that promoters can’t discriminate against anyone in the allotment of any apartment, plot or building on any ground. …
TimesofIndia.indiatimes.com Nov 25, 2015 NEW DELHI: Prosecution has been using electronic evidence to seek conviction of accused for a decade but for the first time, the Supreme Court on Monday permitted an accused to bring on record taped telephonic conversations to prove his innocence in a child sexual abuse case. …
Indianexpress.com Nov 02, 2015 The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings. …
TimesofIndia.indiatimes.com Sep 5, 2015 NEW DELHI: Former Law Commission chairman Justice A P Shah, who as chief justice of Delhi high court delivered the landmark judgment decriminalizing homosexuality by reading down Section 377 of IPC, has slammed the Supreme Court for reviving the controversial penal provisions by quashing the HC verdict. …
TimesofIndia.indiatimes.com Jul 7, 2015 BAREILLY: Passing a “historic” verdict based purely on circumstantial evidence, the court of additional district and sessions judge has sentenced a man to life imprisonment even after all eight witnesses turned hostile. The man had been charged with the murder of his wife and the judge saw it fit to go with the circumstantial evidence produced by the prosecution. …
Courts can skip empty formalities: SC.Business-standard.com June 28, 2015 It is a basic principle of law that no action shall be taken without providing a hearing to the affected party. This principle, called the law of natural justice, is “flexible” according to situations, and it need not be followed as an empty formality, Supreme Court stated in its recent judgment, Dharampal Satyapal vs Deputy Commissioner. The doctrine cannot be applied as a “strait-jacket formula. …
India to get own version of class action lawsuitsTimesofIndia.indiatimes.com May 21, 2015 NEW DELHI: India is set to have a stronger consumer protection law with its own version of class action suits. As the term is usually defined, a class action suit is one in which one or several persons sue on behalf of a larger group of persons, referred to as “the class”. …
Testimony of sole witness enough for conviction: SCTimesofIndia.indiatimes.com Apr 11, 2015 CHENNAI: An accused can be convicted on the testimony of a sole witness if the person is completely reliable, said the Supreme Court, upholding the verdict of the Madras high court which awarded five years of rigorous imprisonment to people facing conspiracy charge in a murder case. …
Proxy counsel cannot argue a case: High courtTimesofIndia.indiatimes.com Feb 16, 2015 Background: There are times when the advocate on record is stuck in some other court and cannot attend to another matter. In such cases, he appoints a “proxy counsel” to take care of the case in his absence. …
HC asks 2 cops to face trial 23 years after torturing womanTimesofIndia.indiatimes.com Jan 25, 2015 MUMBAI: Police can’t torture an accused to extract information, the Bombay high court has ruled in a landmark judgment, and ordered two policemen to face trial for brutally assaulting a woman in custody 23 years ago. …
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12/12/2017Comments Off on CASTE: The Ugly Reality of Caste Violence and Discrimination in Urban India …
The Ugly Reality of Caste Violence and Discrimination in Urban India Kerala Opens Temple Doors To Dalit Priests, And Equality Dalits Swarm Social Media With Moustache Selfies in Gujarat in Novel Protest Dalit youth beaten up for sporting a moustache Telangana: Dalits allege social boycott in Nizamabad, not allowed to celebrate Navratri or enter temple More …
Thewire.in Dec 12, 2017 A mention of violence against Dalits on account of their caste readily bring forth images from rural or small-town India; depending on our vintage these could be from late 1970s’ horrific Belchi and Pipra massacres, or of the more recent public flogging of Dalits in Una, Gujarat. We would rarely imagine metropolitan cities, supposedly melting pots, as being sites of caste-based crimes, as the urban arena is expected to dissolve and obliterate caste distinctions. Caste is prima facie anonymous in urban India; urban (upper-caste) Indians would forcefully insist that caste is either dead or dying, as forces of urbanisation, globalisation and modernisation are sweeping away antiquated social distinctions, and fostering a climate of meritocracy, which recognises and rewards individual merit or ability on a level playing field. …
Ndtv.com October 10, 2017 Thiruvananthapuram: In a landmark step, 36 non-Brahmins – six of them Dalits – have been appointed as priests in conservative Kerala. The appointments were made by the Kerala’s Travancore Devasom Recruitment Board, which is controlled by the state government – currently headed by CPM’s Prinarayi Vijayan. Today, Yadhu Krishna, a Dalit, scripted history became the first to enter the sanctum sanctorum of the centuries-old Thiruvalla Manappuram Siva temple. …
Image used for representational purpose only [Image Courtesy: Dreamstime.com]
A Dalit was lynched by the upper caste Patel community for watching people do the garba, the traditional Gujarati dance, on Saturday last week, while another was beaten up on Sunday in the Gandhinagar district by Rajputs for sporting a moustache. News.10.com October 2, 2017 Ahmedabad: Months before the Gujarat Assembly election, Dalits, a year after the Una incident, are once again up in arms against the government, alleging the atrocities against their community continue unabated. Rashtriya Dalit Adhikar Manch is already planning a number of protests in the days to come. A Dalit was lynched by the upper caste Patel community for watching people do the garba, the traditional Gujarati dance, on Saturday last week, while another was beaten up on Sunday in the Gandhinagar district by Rajputs for sporting a moustache. …
Timesofindia.indiatimes.com Sep 29, 2017 AHMEDABAD: Merely 15km from the state capital, Gandhinagar, a dalit youth was beaten up by some upper caste people allegedly for sporting a moustache! Three persons from the darbar community allegedly abused and assaulted Piyush Parmar (24), the youth from Limbodara village in Kalol taluka of Gandhinagar district, on September 25 because the members from the dominant community did not like the idea of a dalit youth sporting a moustache. …
The conflict started when some Dalits organised a dahi-handi event in the village as part of Krishnashtami celebration which allegedly irked upper caste families. Indiatoday.intoday.in Hyderabad, September 25, 2017 While India got its second Dalit president in Ram Nath Kovind a few months ago, for villagers in Nizamabad district of Telangana, such news has failed to put an end to the caste discrimination they face. Nearly 110 Dalit families in Bejjora village of Bheemgal Mandal in Nizamabad are facing alleged social boycott by village development committee (VDC) members. …
Timesofindia.indiatimes.com Jan 2, 2017 AHMEDABAD: Navchetan Parmar, an accused in the murder of a police constable, during dalit protests post the Una flogging episode in July 2016, has alleged that some upper caste prisoners had threatened him to keep mum about atrocities, when he was lodged in Amreli jail. Parmar is one of the accused in the murder of Pankaj Amreliya, who was injured when a protest by dalits, on July 19, turned violent in Amreli. …
Timesofindia.indiatimes.com Jul 13, 2016 Lucknow: A tribal woman in Uttar Pradesh’s parched Bundelkhand has dug a well almost single-handedly for 40 families after her upper caste neighbours denied them access to a hand-pump. “We are tribals and lived in Duddhi village. But we were not allowed to use the hand-pump by the upper caste residents. Arranging for a pot of drinking water was an everyday battle we had to face for the quest of survival,” said Kasturi. …
Thehansindia.com Jul 06, 2016 In the prosperous district of Kannur in one of India’s most prosperous states, Kerala, Eramangalathu Chitralekha, 39, was the first Dalit woman to drive an autorickshaw in 2005. Her new profession immediately angered the upper castes, who taunted her and threatened violence. One day, that year, her autorickshaw was set ablaze. In 2013, it was damaged beyond repair. The district collector gifted her a new autorickshaw in June 2014, but on March 4, 2016, it was destroyed again. …
Social stigma, lack of awareness, bureaucratic hurdles prevent students from making use of quotas Livemint.com June 10, 2016 Students from backward castes and tribal communities are often disparaged for not being good enough and using the reservation system to gain admissions. A recent paper from the UN University World Institute for Development Economics Research shows students from these strata strive just as hard for seats in colleges and government jobs, but despite that face a social stigma. …
Timesofindia.indiatimes.com Apr 14, 2016 Becharaji (Mehsana): On a sweltering afternoon, a dozen-odd women of Bechar village in Mehsana sit a few steps away from the well with their pots. …
Firstpost.com Mar 14, 2016 In yet another incident of caste violence in Tamil Nadu, a newly-wed couple was beaten up by goons in full public view in Udumalpet, Tirupur, on Sunday, after which the culprits then hacked the man to death. …
Theguardian.com March 01, 2016 Ranikumari Khokar is campaigning to end a caste-based practice that condemns women to cleaning human waste by hand Every morning I would take a broom and tin plate to the homes of the upper caste thakurs to pick up their faeces. I would collect the waste in a cane basket and later throw it in a dumping ground outside the village.” …
Timesofindia.indiatimes.com Dec 1, 2015 NEW DELHI: Congress MP Kumari Selja created a stir in Rajya Sabha on Monday by claiming that she was asked about her caste when she visited the Dwarka temple in Gujarat as a Cabinet minister. …
Timesofindia.indiatimes.com Oct 04, 2015 A 10-year-old Dalit student of a government school in Osian tehsil sustained minor injuries after his teacher allegedly thrashed him for touching utensil when the mid-day meal was being served inside the school premises, the police said on Saturday. …
‘Barbers refuse to cut hair of Dalits’Thehindu.com May 03, 2015 After the recent incident of Dalits being denied haircuts at salons at Panjiganahalli in Sira taluk, a similar case has surfaced in Kadagathur, Madhugiri taluk. …
Mention of caste-based abuse sans details can’t attract provisions of SC/ST Act: HCIndianexpress.com April 30, 2015 Mere mention of an allegation in the FIR that the complainant was referred to with caste-based remarks is not enough to take cognisance of the offence made under the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act (commonly known as the SC/ST Act), the Allahabad High Court has ruled. …
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(As on Legalservicesindia.com – 11.12.2017) In order to live with dignity certain basic rights and freedoms are necessary, which all Human beings are entitled to, these basic rights are called Human Rights. What are human rights? In order to live with dignity certain basic rights and freedoms are necessary, which all Human beings are entitled to, these basic rights are called Human Rights Human rights demand recognition and respect for the inherent dignity to ensure that everyone is protected against abuses which undermine their dignity, and give the opportunities they need to realize their full potential, free from discrimination. Human rights include civil and political rights, such as: # The right to freedom of expression # The right to freedom of religion or conscience # The right to property # The right to freedom of assembly # The right to privacy # The right to vote. Read More…
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08/12/2017Comments Off on AADHAAR: How to verify your Aadhaar-linked mobile number and email ID online …
How to verify your Aadhaar-linked mobile number and email ID online Internet firms ask for Aadhaar to provide services Government simplifies Aadhaar-based verification of existing SIMs Aadhaar now a must for post office deposits, PPF, KVP Banks get one more month’s time to open Aadhaar units Over 81 lakh Aadhaar cards deactivated: How to check if yours is active More …
Gadgetsnow.com Dec 6, 2017 How to verify your Aadhaar-linked mobile number and email ID online The 12-digit identification number Aadhaar has now become essential for a number of important tasks. We need to link it to our bank accounts, PAN number, Mutual Funds, PPF account and insurance policies. …
Timesofindia.indiatimes.com Nov 30, 2017 BENGALURU: Internet companies are now making Aadhaar —the 12-digit unique identity number—mandatory for customers to avail their services. Amazon has asked customers to upload their Aadhaar numbers to track lost packages, while Bengaluru-based car rental platform Zoomcar has said it won’t accept bookings without Aadhaar as proof of identity. Amazon said it was a necessary means of authenticating customer identity. “We ask customers to submit a government–certified ID. We understand Aadhaar is the most widely held. So it is our preferred one,” said an Amazon India spokesperson. …
Timesofindia.indiatimes.com Oct 25, 2017 NEW DELHI: The process of re-verification of existing mobile subscribers using Aadhaar is set to become simpler and more convenient, according to an official source. The government has initiated a series of measures, including allowing re-verification at subscribers’ doorstep and One Time Password (OTP) based authentication of existing users, to make the entire exercise easier for telecom subscribers. …
Timesofindia.indiatimes.com Oct 6, 2017 NEW DELHI: The government has made biometric identification Aadhaar mandatory for all post office deposits, PPF, the National Savings Certificate scheme and Kisan Vikas Patra. Existing depositors have been given time till December 31, 2017 to provide the 12-digit unique identification number. …
Timesofindia.indiatimes.com Sep 6, 2017 NEW DELHI: Unique Identification Authority of India (UIDAI) has given banks one more month to open Aadhaar enrolment centres in 10% of their branches as the deadline ended on August 30. The UIDAI will impose Rs 20,000 as fine per uncovered branch after September 30. In July, the UIDAI had asked all scheduled and commercial banks to open Aadhaar enrolment and updation facility in one out of 10 branches by August-end. The reprieve of one month has now been granted as many banks sought additional time from the authority for setting up Aadhaar facility on their premises. …
Gadgetsnow.com Aug 16, 2017 Government recently announced that it has deactivated over 81 lakh Aadhar cards. The minister of state for electronics and IT, PP Chaudhary revealed this in Rajya Sabha recently. Chaudhary told Rajya Sabha, “Till date, approximately 81 lakh Aadhaar numbers have been deactivated. The state-, year- and reason-wise data is not maintained by the UIDAI.” …
Timesofindia.indiatimes.com Dec 2, 2016 NEW DELHI: The Aadhaar number is all set to become an alternative for all online and card transactions which require password and PIN. Unique Identification Authority of India (UIDAI) is developing a mobile app that can be used by shopkeepers, merchants or individuals for receiving payments. …
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08/12/2017Comments Off on ROAD TRANSPORT: SC issues directions for road safety, asks states to implement policy … ; Using mobile while on wheel kills 2,100 in a year …
Supreme Court issues directions for road safety, asks states to implement policy Using mobile while on wheel kills 2,100 in a year Dangerous driving’ to cover jumping lights, using phone Speed guns, ambulances to curb road deaths: Government More …
Firstpost.com Dec 01, 2017 New Delhi: Noting one death every three minutes due to road accidents in India, the Supreme Court on Thursday issued 25 directions for road safety and directed all states and Union territories (UTs) to implement a policy on the issue with all “earnestness and seriousness”. The court also issued time lines for the implementation of its directions, including setting up of State Road Safety Councils, District Road Safety Committees, Lead Agency, creation of Road Safety Fund and putting in place a Road Safety Action Plan, including Permanent Road Safety Cell. …
Timesofindia.indiatimes.com Sep 7, 2017 NEW DELHI: The use of mobile phones while driving claimed 2,138 lives last year while faulty speed-breakers, potholes and under-construction roads accounted for 26 deaths on the roads every day, according to data released by the transport ministry. The maximum deaths due to use of mobile phones while driving were reported from UP, followed by Haryana. Delhi reported two deaths while Maharashtra registered 172 fatalities on this account. This was the first time that the road transport ministry collected such data from each state. …
Timesofindia.indiatimes.com Aug 4, 2016 NEW DELHI: Jumping traffic lights, using cell phone while driving, violating the stop sign and driving against the flow of traffic may soon attract fines of up to Rs 5,000 for the first offence and double that amount for subsequent violations. These provisions are part of proposed amendments to the Motor Vehicles Act, approved by the Union Cabinet on Wednesday , which broaden the definition of “dangerous driving” to include these offences. …
Timesofindia.indiatimes.com Jun 10, 2016 NEW DELHI: The road transport and highways ministry will install speed guns (equipment to record the speed of as well as film a moving vehicle) on national highways and deploy advanced ambulances with vehicle-cutting equipment on certain stretches for the immediate rescue of accident victims. …
Regulated Traffic on the Road (Representative Photo)
Timesofindia.indiatimes.com May 11, 2016 MUMBAI: Driving a car at high speeds is by itself not a strong enough ground to book a person for rash and negligent driving, the Bombay high court has ruled. Two years after Mumbai police arrested a city resident, Khizzer Shah, on the charges of negligent and dangerous driving, a division bench of justices Abhay Oka and Prakash Naik used the HC’s special powers to strike down the FIR as an “abuse of the process of law”. …
Timesofindia.indiatimes.com Oct 16, 2015 KOTHPUTLI (RAJASTHAN): Sending a strong message to consultants involved in preparing detailed project reports (DPRs), highways minister Nitin Gadkari on Thursday said that government can book such agencies for murder, if the fault in design is established as the reason for any road death on national highways (NHs).. …
Bike (Pixabay Image)
Anti-lock braking system must for all two-wheelersTimesofindia.indiatimes.com Sep 20, 2015 NEW DELHI: All models of two-wheelers need to be fitted with anti-lock braking system (ABS) and combined braking system (CBS) by April 2018.. …
No toll for bad roads, SC tells NHAI in pro-user orderTimesofindia.indiatimes.com Aug 28, 2015 NEW DELHI: In what will be music to the ears of long suffering highway users, the Supreme Court on Thursday ruled that the National Highways Authority of India (NHAI) and concessionaires cannot collect toll from commuters if the road is in bad shape. …
SC dismisses plea against NGT order banning 10-year-old diesel vehicles from plying on Delhi roadsTimesofindia.indiatimes.com Apr 20, 2015 NEW DELHI: In an order that could improve Delhi’s deteriorating air quality, the Supreme Court on Monday dismissed plea challenging the National Green Tribunal’s order prohibiting diesel vehicles that are over 10 years old from plying in the national capital. …
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Disciplinary and Transparency Forum – India Diciplinary & Transparancy Forum
If couple wants divorce, courts cannot ask for reasons, says HC
WhatsApp (Pixabay Image)
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Service Details Of Employees Amounts To ‘Personal Information’ under the RTI Act: SC
