Coming soon: Toll-free helpline at MU
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Kanchan Srivastava
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Confirming the move, director of examination Subhash Deo told DNA, “The idea is to set up a facilitation centre, which will be equipped with five computers, helplines and staff, so that queries of the students appearing for the October examinations can be attended to.” After an analysis of the pilot, a full-fledged and permanent facilitation centre will be launched, he added. For now, the centre will have all the information pertaining to the October exams. No surprise then that both students and professors welcomed the varsity’s move. A Thane-based MCom student said, “We badly need the helpline as we have to visit the Kalina campus for every little inquiry, after spending three-four hours in commuting followed by at least two hours in the inquiry queue. The process is repeated on every visit till we finally get our correct mark-sheet or any other document. I hope it does not remain on paper.” HoD of Civics and Politics, Prof Surendra Jondhale, seconded the student, saying, “Every day, I get a dozen calls about forms, fees or mark-sheet. Both students and parents are often clueless about whom to call for a particular problem and a helpline would end all that.”
Source::: DNA, Jul 25, 2012, p.07.
http://epaper.dnaindia.com/epapermain.aspx?pgNo=7&edcode=820009&eddate=2012-7-25
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Wednesday, July 25, 2012
FIR must in cognisable offences
Refusal to file it will amount to dereliction of duty on the part of cops, HC tells stateMustafa Plumber. Those police officers who delay in lodging a first information report (FIR) will now face action. If officers don’t file FIRs on the registration of a complaint, it would amount to dereliction of duty and action would be taken against the officer. The Bombay high court has directed the state to issue a circular to all police stations with this information.
A division bench comprising of Justice AM Khanwilkar and Justice AR Joshi, while directing the authorities,
observed: “This trend of officers delaying the lodging of the FIR till the complainant moves court seeking
action needs to be arrested.” The bench was hearing the plea of developer Ashok Kumar Surana, who had complained to the Economic Offences Wing (EOW) against Kulvinder Singh Chavhan.
Chavhan had an agreement with Surana for developing a property at Borivli, but later cheated him of several lakhs. Surana had moved the high court seeking the EOW to lodge a complaint against Chavhan and investigate the matter. On Tuesday, the prosecution told the court that the police had lodged a complaint on Monday and further investigations were on. To this, the court said: “This is the third case where the police have lodged a complaint only after the complainant moved the court and the matter was to come up for hearing before the court.”
The police have been registering the offence a day before the court case hearing so that the court does not look into the complaint and question the investigating officer, it said. It added that this practice had to be stopped. The bench directed the state to come out with the circular within two weeks and send it to police stations across the state. The state has also been told to file a compliance report before the court thereafter. With regards to the present Surana case, the city police commissioner has been directed to look into the complaint and file a compliance report by the next date of hearing.
Source::: DNA, 25 Jul 2012, p.03. dnaindia.com/print.aspx?id=23015&boxid=13375&valueprint=storyPrint 1/1
Tuesday, July 24, 2012
‘Pune family court made an error in judgment’
Rosy Sequeira TNN
Mumbai: The Bombay high court on Monday quashed the Pune family court’s order granting divorce to Pramila Ghante’s husband Shankar and said the lower court had made an “error” to equate infertility with impotency. Pramila’s advocate Y S Bhate argued that the impotency charge was levelled by Shankar to regularize his second marriage, from which he has two children. But Shankar’s advocate countered it by saying Pramila has relative impotency as the sexual relations between the couple were not satisfactory.The judges said under section 12 (1) (a) of the Hindu Marriage Act, impotency is a ground for nullity of marriage but not infertility and there is a marked difference between the two. “In the absence of material on record showing the impotency, or to be more specific, frigidity of the wife, so as to render the consummation of the marriage impossible, it cannot be said that the provision of the section is attracted,” Justice Joshi wrote for the bench.
The family court in its “crystal clear” conclusion said that Pramila was impotent as she did not bear a child after 16 years of marriage, was unable to leave her job and join Shankar at his places of work to give him every satisfaction and she was unable to conceive even after taking medical treatment. But the bench stated, “We must say that the family court had definitely committed an error in arriving at such a conclusion—thus treating impotency and infertility at par, ignoring various (court) decisions on this aspect. The pleading and evidence at best would support the fact that the wife was incapable of giving birth to a child.”
The judges also noted that from September 4, 1981 to July 7, 1982 the couple resided together every weekend—Saturdays and Sundays. They said this was substantive evidence that was presented before the family court and established the fact that there was consummation of marriage at least for some period and even two years prior to alleged separation. So, the case did not attract grounds of desertion.
“In our considered view, though for most of the period after marriage the spouses were staying at their respective places of service, they had definitely cohabited/consummated the marriage, though unfortunately the wife could not give birth to any child out of such cohabitation,” they said. The judges said evidence suggests that the wife was given treatment for “birth of child and not for the problem of relative impotency. Indisputably, even after the unsuccessful medical treatment given to the wife, the parties continued their relationship,” the judges said.
Infertility no ground for divorce
Impotency is defined as physical incapacity of accomplishing the sexual act, while infertility means inability to conceive a child. In law, infertility is no ground for getting a divorce while impotency is ground for annulling the marriage. Section 12 (1) (a) of the Hindu Marriage Act provides for annulling the marriage on the ground that ‘that the marriage has not been consummated owing to the impotence of the respondent (either husband or wife)’. Even judgments delivered so far speak of non-consummation of the marriage due to impotency. In other words, the legislature has not prescribed infertility of a spouse as a ground for annulling the marriage if such spouse is capable of being a party to normal coitus. Although according to some of the dictionaries, the allegation of impotence is attributable only to men, the Hindu Marriage Act has, however, adopted the broader view that even a wife can be impotent if she is unable to be a party to normal coitus.
SOURCE::: The Times of India, 24-07-2012, p.05. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW
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Monday, July 23, 2012
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SOURCE::: The Times of India, 21-07-2012, p.05. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW
No I-T returns if you earn 5 lakh or less
TIMES NEWS NETWORK
New Delhi: Salaried employees with an annual income of up to Rs 5 lakh have been exempted from filing income tax returns for assessment year 2012-13 if they don’t have any other income, the Central Board of Direct Taxes said on Friday. Individuals having interest earnings from savings bank deposits are also exempted from filing returns if the interest component is less than Rs 10,000 a year. The total income of Rs 5 lakh means gross income of a staffer after deductions.
I-T returns must for tax refund claim
New Delhi: The Central Board of Direct Taxes said on Friday that those earning up to Rs 5 lakh a year need not file income tax returns. The exemption has been made conditional to an employee having provided his PAN to his employer and all interest income from savings bank being reported before Form 16 is generated.
Exemption from filing returns also applies to those whose tax liability has been taken care of by the employer through TDS deposits. In case an employee has a tax refund claim, he will need to file returns. The exemption will also not apply to those to whom the tax authorities have issued notice to file I-T returns.
SOURCE::: The Times of India, 21-07-2012, p.01. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW
Friday, July 20, 2012
States to fix lecturers’ retirement age
TIMES NEWS NETWORK
New Delhi: The Union Cabinet on Thursday cleared a proposal giving a free hand to state governments to fix the retirement age of teachers in institutes for higher education run by them. This decision has also paved the way for the release of arrears for teachers of state government-funded colleges and universities following implementation of the Sixth Pay Commission.
The move will come as a relief to around four lakh lecturers across the country. Earlier, the Centre was insistent on states enhancing the lecturers’ retirement to 65 years to enable them to get 80% of the arrears burden of state governments. The arrears had risen to around Rs 9,000 crore after the Centre had asked states in 2008 to follow the Sixth Pay Commission scales, which centrally-funded institutes introduced the same year, with retrospective effect from January 1, 2006.
SOurce::: The Times of India, 20-07-2012, p.11. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW
Thursday, July 19, 2012
Kid can wake up to greet dad late at night, says HC
Shibu Thomas TNN
Mumbai: A father shares a special relationship with his daughter. Even if he comes late at 11pm, the daughter can wake up to greet him,” the Bombay high court observed last week while hearing a matrimonial dispute case between a city resident and his estranged wife.Jonas Noronah and Seema live in a flat with their daughter but live separate lives. During the hearing before a division bench of Justices A M Khanwilkar and A R Joshi, Jonas’ lawyer said he had no access to his minor daughter though they live in the same flat as his wife locked the door of her room before he returned home at night. Seema’s advocate said she had never barred access to the child, but since Jonas arrived after 10.30pm, the daughter would have gone to sleep by then.
“Don’t be inhumane,” the judges advised Seema. “Be a bit generous. Your husband has offered to even part with half his salary as maintenance. There has to be some give and take from both sides.” The court has given the couple two weeks to resolve their differences. (Names of the couple have been changed to protect the family’s identity).
Source::: The Times of India, 19-07-2012, p.05. epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW
Varsity plans question paper bank
Yogita Rao TNN
Mumbai: The University of Mumbai plans to create a bank of over 150 question papers in every subject of every branch in engineering. Every college will have to submit three question papers of every subject in all branches they offer. A workshop has been organized by the university on July 21 to discuss the format of the question paper and the use of technology in conducting the examination and assessment of papers.Following the leak of three papers during the engineering examination in May, the university has decided to form a question bank of papers. Also under consideration is to have question papers generated technologically. “All 61 engineering colleges have been told to set three question papers each of every subject in every branch of engineering that the college offers. Once the question papers are submitted by colleges, the university plans to use technology to pick questions randomly and have different sets of question papers for the exam,” said the principal of an engineering college.
The workshop for teachers will discuss issues like the format of the paper and pattern. Suresh Ukrande, the dean of technology, said, “We will discuss how the bank can be created using technology. We will also decide on weightage to be given to each topic and marks distribution.” When engineering papers leaked this year, a committee set up by the university concluded that most of the times, especially in the engineering faculty, only one question paper is set and the paper-setter is known. The university, however, later claimed that three or more question papers were set for all leaked papers this year.
On the 156th Foundation Day on Wednesday, the university announced that along with engineering, workshops will be conducted for BEd training colleges. From next year, the university will felicitate the best researcher and best department to encourage research.
Autonomy For More Colleges I n two years, the university plans to have more than 15 autonomous colleges under its jurisdiction. With five colleges already
enjoying autonomy status--three Somaiya colleges were given autonomy
this year--the university plans to encourage more to go in for that
soon. Even university departments will be encouraged to apply for
academic autonomy, said vice-chancellor Rajan Welukar at the
university’s 156th Foundation Day. TNN
Source:::: The Times of India, 19-07-2012, p.05. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW
Wednesday, July 18, 2012
Powai businessman gives 1cr and a flat for divorce
Shibu Thomas TNN
Mumbai: A flat and Rs 1 crore is what a city resident will pay to his estranged wife and two minor children as permanent alimony and maintenance in one of the biggest divorce settlements inked before the Bombay high court. A division bench of Justice A M Khanwilkar and Justice A R Joshi last week gave its approval to the settlement agreed upon by Powai residents Arnab and Piyali Sen. “Since the couple was inclined to amicably settle the matter and had even drawn up the terms of settlement, it would be appropriate and in the interest of their children, who are now grown up and need special attention for further and higher education, to finalize the terms,” said the judges, while adding that they hoped the couple understood that “they have to act responsibly and not create any untoward situation which would jeopardize the settlement terms”.
As per the settlement Arnab, a businessman, is allowed to sell off his sprawling flat in a 36-storey tower in Hiranandani Gardens, where his wife and two minor children currently reside. Flats in the area sell for around Rs 20,000/sq ft. After paying bank and society dues, Arnab will invest 50% of the proceeds in a new flat in the name of Piyali and their son and daughter. The remainder will go to Arnab, who will also have to pay his wife Rs 50 lakh permanent alimony and Rs 25 lakh each to his children as permanent maintenance.
Wife agrees to give up claim to property
Mumbai: Businessman Arnab Sen has agreed to pay a huge sum as alimony and maintenance to finalize his divorce withwifePiyali.TheRs25lakh that he will pay his minor son and daughter as permanent maintenance will be put into a fixed deposit, and they will be entitled to withdraw the proceedswhen they turn21.
Once the flat is purchased and Piyali and the children move in, the couple will approachthefamily courtfor a divorce by mutual consent. The couple has also agreed to withdraw all criminal and civil cases that they have filed against each other. Piyali also assured the court that once she receivesher alimonyshewould have noclaim over the property owned by Arnab or his family. She also agreed to let Arnab haveweekly accesstothekids.
The matter has been posted for hearing on August 2, when the couple would inform the judges about the compliance of the settlementterms. Arnab had moved the family courtin 2010for divorce.The family courthad granted maintenance to the two children, which the HC subsequently fixed at Rs 12,500 per month for each child. The HC asked Arnab to pay Rs 25,000 as monthly maintenance for each child till he deposits the permanent maintenance. (Names of the couple changed to protect the family’s identity).
Soource::: The Times of India, 18-07-2012, p.01. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW
Saturday, July 14, 2012
ORDER QUASHED
Man must prove why he had to leave wife: HC
Shibu Thomas TNN
Mumbai: The onus is on a man to prove that he had very good reasons for leaving his wife, the Bombay high court has ruled. Two years after a family court dismissed a Goregaon resident Seema Holkar’s plea, seeking restitution of conjugal rights, and granted divorce to her husband, Prashant Holkar, on the grounds that it was the wife’s responsibility to prove that he was not justified in leaving her, the high court said the order was based on a wrong interpretation of the law.
Prashant moved the family court in 2010, seeking divorce. Seema later sought maintenance and restoration of conjugal rights. But when the family court rejected her claims, she filed an appeal in the high court. “The edifice on which the family court’s judgment rests cannot stand the test of judicial scrutiny,” said a division bench of Justice A M Khanwilkar and Justice A R Joshi. The judges referred to section 9 of the Hindu Marriage Act, which deals with an application filed for the restoration of marriage rights by a man or woman, whose spouse has left him/her. It says, “Where a question arises whether there has been reasonable excuse for withdrawal from society, the burden of proving the excuse shall be on the person who has withdrawn from the society.”
For the present case, the HC said, “The husband must establish that there was reasonable excuse for him for withdrawal from the society of the wife. The onus in establishing it is on the husband in the proceeding filed by the wife for the restitution of conjugal rights.” Quashing the trial court’s judgment, the HC relegated the matter to the family court to reconsider Seema’s plea. The HC also told Prashant to continue paying maintenance that will cover their Goregaon home’s EMI, flat maintenance, bills and the educational expenses of their minor son. (Names changed to protect identity).
Source::: The Times of India, 14-07-2012, p.3. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW
Friday, July 13, 2012
HC: Insurers must prove fraud to reject claims
Mahir Haneef TNN
Kochi: The burden of producing proof for rejecting an insurance claim lies with the insurance company, the Kerala high court has ruled. The court gave the order while quashing the ruling of the insurance ombudsman upholding LIC’s rejection of a claim on the grounds that the policy holder, who died of cervical cancer, had suppressed the fact that she had undergone ayurvedic treatment for rheumatoid arthritis before taking the policy.
Hearing a petition by P V Suresh, the husband of the policy holder Lalitha, the court said an insurance company’s duty doesn’t end with proving a claim false. It said the company must prove that the statement of the policy holder was fraudulently made or involved suppression of facts. Suresh had approached the high court after the Kochi insurance ombudsman upheld LIC’s decision to reject the claim on Lalitha’s policy. She had bought the policy for Rs 50,000 in February 2002 but passed away in September 2004.
HC: Protecting policy holders’ interest crucial
W hile filling up the policy form, Lalitha had stated she had never been admitted to a hospital or a nursing home. The company rejected the claim saying she had undergone treatment for rheumatoid arthritis and had even taken ayurvedic treatment at a hospital.
LIC alleged that this was a deliberate attempt to withhold information at the time of signing of the policy.
The court, however, put the onus on the insurance company, saying it did not fulfill its burden of proving that Lalitha’s statement was fraudulent or that she had suppressed facts. Stressing on the social aspect of insurance, the judge said the legislature wanted to safeguard the beneficiary of the policy from unreasonable repudiation from the insurer and has consciously cast the burden of proving certain facts squarely on the insurer.
Source::: The Times of India, 13-07-2012, p.01. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW
Monday, July 9, 2012
LONDON’S ‘SHARD’ IS EUROPE’S TALLEST TOWER
GROWING
UP: Lasers and searchlights offer a dazzling show as Europe’s tallest
skyscraper, the Shard, is inaugurated in London on Thursday night. The
glass and steel structure, which stands 310 m tall, dethrones the
Capital City Moscow Tower as the highest in the continent. Still, it is
significantly shorter than Dubai’s 828m Burj Khalifa, the tallest
building in the world. The 95-floor Shard will open as a tourist
attraction in February 2013.
Source::::: The Times of India, 07-07-2012, p.17. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW
Can you fund poor pupils? HC to Bar Council
14 Kids Not Allowed In Chembur School
Rosy Sequeira TNN
Mumbai: The Bombay high court on Friday asked the Bar Council of Maharashtra and Goa if it could get its members to support the education of 50-and-odd underprivileged students of some private unaided schoolsin the city. A division bench of Chief Justice Mohit Shah and Justice Nitin Jamdar washearing a petition filed by the parents of SC/ ST children, after 14 students were denied entry to Chembur English School, which also withheld the marksheets of three others. Similar applications were filed by parents of other schools’students.The court’s plea came after the state did not comply with its April28,2011order to reimburse thefees and arrearsof 13lakhstudents across Maharashtra. The state challenged the order in the Supreme Court but lost. The order pertained to a PIL filedin 2010by the parents after their children were barred from attending classes. The schools said they would have to shut down if neither the parents nor the government paid. Petitioners’ advocate Gayatri Singh argued “thousandsof croresof education cess remained unutilized andthe governmentwas not complying withcourt’sorder”.
Justice Shah requested office-bearer of Bar Council advocateUday Warunjikar toexplore the possibility of lawyers sponsoring the education of the children, as was done by Ahmedabad HC lawyers. “Arrears of Rs 30,000-60,000 per studenthave accumulated as the state discontinuedthefreeship in 2010with retrospective effect from 2007,” said Justice Shah. Warunjikar said Bar Council supported the endeavour but there might be slight delay as the matter would be approved at its next week’s meeting. But given that junior college admissions would close soon, Justice Jamdar said HC bar associationscould alsohelp.
Senior advocate V A Thorat offered to sponsor a student of Shardashram Vidyamandir in Dadar. A security guard’s son, the boy has cleared his SSC but theschoolhas refusedto release his leaving certificate unless he paid aroundRs40,000,whichhas accumulated over years. “Such cases should be highlighted so that peoplewhowishtocontributecan help,” saidJustice Shah.
Source::: The Times of India, 07-07-2012, p.04. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW
Lawyers’ strike likely this week
Mumbai: Lawyers in the state are likely to be on strike on July 11 and 12 as both lawyers’ associations, including Bar Council of Maharashtra and Goa, are supporting the strike call by the Bar Council of India to oppose the proposed higher education and research Bill, which seeks to divest the elected, statutory lawyers’ body of its jurisdiction over legal education.Source::: The Times of India, 09-07-2012. p.02. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW
Friday, July 6, 2012
Sibal calls Bar for talks on edu bill
NewDelhi:The government has invited bar associations for talks in the wake of lawyers’ threat to go on strike from July 11 to protest against the proposed higher education bill.
In a letter to bar associations, HRD minister Kapil Sibal said the Bar Council of India is free to prescribe minimum standards of education for grant of degrees leading to professional practice. Terming the proposed Higher Education and Research Bill as “draconian, unconstitutional and undemocratic”, the BCI had last month threatened that lawyers would go on strike on July 11 and 12 if the bill is not changed.
Thursday, July 5, 2012
‘Only govt can increase MBBS seats’
Dhananjay Mahapatra TNN
New Delhi:The Supreme Court on Wednesday ruled that MBBS students admitted by medical colleges by increasing their intake without prior sanction from the Centre would not be permitted to practise medicine as their degrees would not be recognized.
“Where any medical college increases its admission capacity, except with the previous permission of the central government in accordance with the provisions of
Accepting arguments on behalf of Medical Council of India (MCI) which protested the Allahabad high court’s decision to increase intake of three medical colleges from 100 to 150, an SC bench set
The three institutes were School of Medical Science & Research, Sharda Education Trust; Rama Medical College Hospital & Research Centre, Kanpur, and Tirthankar Institute of Management and Technology, Moradabad the increase. It said, “In other words, without permission of the Centre on the recommendation of the MCI, any degree granted would not be recognized as a medical degree which would entitle such degree holder to function as a medical practitioner.” aside Section 10A, no medical qualification granted to any student of such medical college on the basis of the increase in its admission capacity shall be a recognized medical qualification for the purposes of the Indian Medical Council Act, 1956,” the court ruled. SOURCE:::: The Times of India, 05-07-2012, p.10, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW
Wednesday, July 4, 2012
In-principle nod to 3 new law schools
Mumbai: The state government has given its in-principle approval to three national law schools (NLS) to be set up across the state. These will come up at Uttan in Thane, Aurangabad and Nagpur with an initial expenditure of around Rs 65 crore. Higher and technical education minister Rajesh Tope, who said the demand for law graduates was on the rise and NLSs were the need of the hour, made a presentation before the chief minister on Tuesday in this regard.According to officials, the demand to set up an NLS in Aurangabad was mooted when Vilasrao Deshmukh was the chief minister. Later, a PIL demanded that an NLS be opened in Nagpur as well. TNN
Source::: The Times of India, 04-07-2012, p.03. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW&AW=1341391621786
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