legal.economictimes.indiatimes.com Open in urlscan Pro
2a02:26f0:6c00::210:ba79  Public Scan

Form analysis
4 forms found in the DOM

<form>
  <ul class="tabs clearfix">
    <li><a class="" href="#" data-target="cookietabAnalytics">Analytics</a></li>
    <li><a class="" href="#" data-target="cookietabNecessary">Necessary</a></li>
    <li><a class="active" href="#" data-target="cookietabNewsletter">Newsletter</a></li>
  </ul>
  <div data-box="cookietabAnalytics" class="scroll-content hide">
    <table cellpadding="0" cellspacing="0">
      <thead>
        <tr>
          <th></th>
          <th>Name</th>
          <th>Provider</th>
          <th>Expiry</th>
          <th>Type</th>
          <th>Purpose</th>
        </tr>
      </thead>
      <tbody>
        <tr>
          <td><input name="config.ga" id="id-config-ga" type="hidden" value="0"><input name="config.ga" type="checkbox" value="1"></td>
          <td><label for="id-config-ga">Google Analytics</label></td>
          <td><label for="id-config-ga">Google</label></td>
          <td><label for="id-config-ga">1 Year</label></td>
          <td><label for="id-config-ga">HTTPS</label></td>
          <td><label for="id-config-ga">To track visitors to the site, their origin &amp; behaviour.</label></td>
        </tr>
        <tr>
          <td><input name="config.ibeat" id="id-config-ibeat" type="hidden" value="0"><input name="config.ibeat" type="checkbox" value="1"></td>
          <td><label for="id-config-ibeat">iBeat Analytics</label></td>
          <td><label for="id-config-ibeat">Ibeat</label></td>
          <td><label for="id-config-ibeat">1 Year</label></td>
          <td><label for="id-config-ibeat">HTTPS</label></td>
          <td><label for="id-config-ibeat">To track article's statistics</label></td>
        </tr>
        <tr>
          <td><input name="config.growthrx" id="id-config-growthrx" type="hidden" value="0"><input name="config.growthrx" type="checkbox" value="1"></td>
          <td><label for="id-config-growthrx">GrowthRx Analytics</label></td>
          <td><label for="id-config-growthrx">GrowthRx</label></td>
          <td><label for="id-config-growthrx">1 Year</label></td>
          <td><label for="id-config-growthrx">HTTPS</label></td>
          <td><label for="id-config-growthrx">To track visitors to the site and their behaviour</label></td>
        </tr>
      </tbody>
    </table>
  </div>
  <div data-box="cookietabNecessary" class="scroll-content hide">
    <table cellpadding="0" cellspacing="0">
      <thead>
        <tr>
          <th></th>
          <th>Name</th>
          <th>Provider</th>
          <th>Expiry</th>
          <th>Type</th>
          <th>Purpose</th>
        </tr>
      </thead>
      <tbody>
        <tr>
          <td><input name="config.optout" id="id-config-optout" type="hidden" value="1"><input name="config.optout" type="checkbox" value="1" checked="" disabled=""></td>
          <td><label for="id-config-optout">optout</label></td>
          <td><label for="id-config-optout">Times Internet</label></td>
          <td><label for="id-config-optout">1 Year</label></td>
          <td><label for="id-config-optout">HTTPS</label></td>
          <td><label for="id-config-optout">Stores the user's cookie consent state for the current domain</label></td>
        </tr>
        <tr>
          <td><input name="config.PHPSESSID" id="id-config-PHPSESSID" type="hidden" value="1"><input name="config.PHPSESSID" type="checkbox" value="1" checked="" disabled=""></td>
          <td><label for="id-config-PHPSESSID">PHPSESSID</label></td>
          <td><label for="id-config-PHPSESSID">Times Internet</label></td>
          <td><label for="id-config-PHPSESSID">1 day</label></td>
          <td><label for="id-config-PHPSESSID">HTTPS</label></td>
          <td><label for="id-config-PHPSESSID">Stores user's preferences</label></td>
        </tr>
        <tr>
          <td><input name="config.accessCode" id="id-config-accessCode" type="hidden" value="1"><input name="config.accessCode" type="checkbox" value="1" checked="" disabled=""></td>
          <td><label for="id-config-accessCode">accessCode</label></td>
          <td><label for="id-config-accessCode">Times Internet</label></td>
          <td><label for="id-config-accessCode">2.5 Hours</label></td>
          <td><label for="id-config-accessCode">HTTPS</label></td>
          <td><label for="id-config-accessCode">To serve content relevant to a region</label></td>
        </tr>
        <tr>
          <td><input name="config.pfuuid" id="id-config-pfuuid" type="hidden" value="1"><input name="config.pfuuid" type="checkbox" value="1" checked="" disabled=""></td>
          <td><label for="id-config-pfuuid">pfuuid</label></td>
          <td><label for="id-config-pfuuid">Times Internet</label></td>
          <td><label for="id-config-pfuuid">1 Year</label></td>
          <td><label for="id-config-pfuuid">HTTPS</label></td>
          <td><label for="id-config-pfuuid">Uniquely identify each user</label></td>
        </tr>
        <tr>
          <td><input name="config.OSTID " id="id-config-OSTID " type="hidden" value="1"><input name="config.OSTID " type="checkbox" value="1" checked="" disabled=""></td>
          <td><label for="id-config-OSTID ">OSTID</label></td>
          <td><label for="id-config-OSTID ">Times Internet</label></td>
          <td><label for="id-config-OSTID ">1 Year</label></td>
          <td><label for="id-config-OSTID ">HTTPS</label></td>
          <td><label for="id-config-OSTID ">Oauth secure token</label></td>
        </tr>
        <tr>
          <td><input name="config.OSSOID" id="id-config-OSSOID" type="hidden" value="1"><input name="config.OSSOID" type="checkbox" value="1" checked="" disabled=""></td>
          <td><label for="id-config-OSSOID">OSSOID</label></td>
          <td><label for="id-config-OSSOID">Times Internet</label></td>
          <td><label for="id-config-OSSOID">1 Year</label></td>
          <td><label for="id-config-OSSOID">HTTPS</label></td>
          <td><label for="id-config-OSSOID">Oauth user identifier</label></td>
        </tr>
        <tr>
          <td><input name="config.OSTPID" id="id-config-OSTPID" type="hidden" value="1"><input name="config.OSTPID" type="checkbox" value="1" checked="" disabled=""></td>
          <td><label for="id-config-OSTPID">OSTPID </label></td>
          <td><label for="id-config-OSTPID">Times Internet</label></td>
          <td><label for="id-config-OSTPID">1 Year</label></td>
          <td><label for="id-config-OSTPID">HTTPS</label></td>
          <td><label for="id-config-OSTPID">used to sync accross portals</label></td>
        </tr>
        <tr>
          <td><input name="config.fpid" id="id-config-fpid" type="hidden" value="1"><input name="config.fpid" type="checkbox" value="1" checked="" disabled=""></td>
          <td><label for="id-config-fpid">fpid</label></td>
          <td><label for="id-config-fpid">Times Internet</label></td>
          <td><label for="id-config-fpid">1 Year</label></td>
          <td><label for="id-config-fpid">HTTPS</label></td>
          <td><label for="id-config-fpid">Browser Fingerprinting to uniquely identify client browsers</label></td>
        </tr>
      </tbody>
    </table>
  </div>
  <div data-box="cookietabNewsletter" class="scroll-content">
    <table cellpadding="0" cellspacing="0">
      <thead>
        <tr>
          <th></th>
          <th>Name</th>
          <th></th>
          <th></th>
          <th></th>
          <th>Purpose</th>
        </tr>
      </thead>
      <tbody>
        <tr>
          <td><input name="config.newsletter" id="id-config-newsletter" type="hidden" value="0"><input name="config.newsletter" type="checkbox" value="1"></td>
          <td><label for="id-config-newsletter">Daily Newsletter</label></td>
          <td><label for="id-config-newsletter"></label></td>
          <td><label for="id-config-newsletter"></label></td>
          <td><label for="id-config-newsletter"></label></td>
          <td><label for="id-config-newsletter">Receive daily list of important news</label></td>
        </tr>
        <tr>
          <td><input name="config.promonewsletter" id="id-config-promonewsletter" type="hidden" value="0"><input name="config.promonewsletter" type="checkbox" value="1"></td>
          <td><label for="id-config-promonewsletter">Promo Mailers</label></td>
          <td><label for="id-config-promonewsletter"></label></td>
          <td><label for="id-config-promonewsletter"></label></td>
          <td><label for="id-config-promonewsletter"></label></td>
          <td><label for="id-config-promonewsletter">Receive information about events, industry, etc.</label></td>
        </tr>
      </tbody>
    </table>
  </div>
  <footer>
    <label><input type="hidden" name="useragreement" value="0"><input type="checkbox" name="useragreement" value="1"> I've read &amp; accepted the
      <a style="color:red" href="https://legal.economictimes.indiatimes.com/terms_conditions.php" target="_blank">terms and conditions</a></label>
    <input type="button" id="submitconsent" value="OK">
    <span class="err_txt hide"></span>
  </footer>
</form>

GET https://legal.economictimes.indiatimes.com/search

<form method="get" id="search_form" action="https://legal.economictimes.indiatimes.com/search">
  <input name="q" aria-label="Query" type="text" class="txt" autocomplete="off" placeholder="Search" value="">
</form>

<form action="" class="clearfix">
  <div class="section clearfix">
    <input id="subscribe_email_top" aria-label="Email" type="text" class="textbox" value="" placeholder="Your Email">
    <input type="button" id="subscriber_btn_top" onclick="EtB2b.subscription.updateSubscription('top');" class="btn submit" value="Join Now">
  </div>
  <ul class="nwsltr_lst clearfix" style="display:none;">
  </ul>
</form>

<form action="" class="clearfix">
  <input id="subscribe_email_bottom" aria-label="Email" type="text" class="textbox" value="" placeholder="Your Email">
  <input type="hidden" name="pip_category_id_bottom" id="pip_category_id_bottom" value="0">
  <input type="hidden" name="pip_category_top" id="pip_category_bottom" value="">
  <input type="hidden" name="newsletter_id_bottom" id="newsletter_id_bottom" value="">
  <input type="button" id="subscriber_btn_bottom" class="btn submit" value="Join Now" onclick="EtB2b.subscription.updateSubscription('bottom');">
</form>

Text Content

ACCEPT THE UPDATED PRIVACY & COOKIE POLICY

Dear user,

ET LegalWorld privacy and cookie policy has been updated to align with the new
data regulations in European Union. Please review and accept these changes below
to continue using the website.

You can see our privacy policy & our cookie policy. We use cookies to ensure the
best experience for you on our website.

If you choose to ignore this message, we'll assume that you are happy to receive
all cookies on ET LegalWorld.

 * Analytics
 * Necessary
 * Newsletter

NameProviderExpiryTypePurpose Google AnalyticsGoogle1 YearHTTPSTo track visitors
to the site, their origin & behaviour.iBeat AnalyticsIbeat1 YearHTTPSTo track
article's statisticsGrowthRx AnalyticsGrowthRx1 YearHTTPSTo track visitors to
the site and their behaviour

NameProviderExpiryTypePurpose optoutTimes Internet1 YearHTTPSStores the user's
cookie consent state for the current domainPHPSESSIDTimes Internet1
dayHTTPSStores user's preferencesaccessCodeTimes Internet2.5 HoursHTTPSTo serve
content relevant to a regionpfuuidTimes Internet1 YearHTTPSUniquely identify
each userOSTIDTimes Internet1 YearHTTPSOauth secure tokenOSSOIDTimes Internet1
YearHTTPSOauth user identifierOSTPID Times Internet1 YearHTTPSused to sync
accross portalsfpidTimes Internet1 YearHTTPSBrowser Fingerprinting to uniquely
identify client browsers

NamePurpose Daily NewsletterReceive daily list of important newsPromo
MailersReceive information about events, industry, etc.

I've read & accepted the terms and conditions
NEWS SITES
 * Auto News
 * Retail News
 * Health News
 * Telecom News
 * Energy News
 * CIO News
 * Real Estate News
 * Brand Equity
 * CFO News
 * IT Security News
 * BFSI News
 * Government News
 * Hospitality News
 * HR News
 * ET TravelWorld News
 * Infra News
 * B2B News
 * CIOSEA News
 * HRSEA News
 * HRME News


Upcoming Event: CFO Meet & discussion on Revised Companies Act
Sign in/Sign up
 * Follow us:
 * 
 * 
 * 
 * 
 * 


 * 
 * News
 * Corporate & Business
 * Law & Policy
 * Supreme Court
 * NCLT
 * Webinars
 * Brand Solutions
   
    * THE ECONOMIC TIMES ANTITRUST AND COMPETITION CONGRESS 2022
      
      
   
    * COMMERCIAL DISPUTE CONCLAVE 2022
      
      SEPTEMBER 2, 2022, MUMBAI, PHYSICAL EVENT
   
    * LEGAL LEADERSHIP CONCLAVE 2022
      
      
   
    * ETLEGALWORLD CONTRACT NEGOTIATION & ARBITRATION CONFEX 2021
      
      
   
    * ETLEGALWORLD NEXTGEN LITIGATION SYMPOSIUM
      
      Conquering the New Era of Litigation
   
    * ETLEGALWORLD INTERNATIONAL IPR VIRTUAL CONFEX
      
      Decrypting the Intricacies of Intellectual Propert..
   
    * ETLEGALWORLD IBC CODE
      
      Demystifying the Insolvency & Bankruptcy Regime
   
    * ETLEGALWORLD LEGAL LEADERSHIP AND CRISIS MANAGEMENT
      
      
   
    * ETLEGALWORLD ADR CONCLAVE
      
      Virtual Conclave


x

 



 * Legal News
 * Latest Legal News
 * Industry


EXCLUSIVE


NOT CRUEL TO ASK MARRIED WOMAN TO DO HOUSEHOLD WORK: BOMBAY HC

If a married woman is asked to do household work for the family, the same cannot
be equated to the work of a maid servant and would not amount to cruelty, the
Aurangabad bench of the Bombay High Court said while quashing a case lodged by a
woman against her estranged husband and his parents

 * PTI
 * October 28, 2022, 10:24 IST

 * 
 * 
 * 
 * 
 * 
 * 
 * 
 * 

MUMBAI: If a married woman is asked to do household work for the family, the
same cannot be equated to the work of a maid servant and would not amount to
cruelty, the Aurangabad bench of the Bombay High Court said while quashing a
case lodged by a woman against her estranged husband and his parents for
domestic violence and cruelty.

A division bench of Justices Vibha Kankanwadi and Rajesh Patil, on October 21,
quashed the FIR lodged against the man and his parents.

The woman, in her complaint, had alleged she was was treated properly for a
month after marriage, but thereafter, they began treating her like a maid
servant.



She also claimed her husband and his parents, a month after the marriage,
started demanding Rs 4 lakh to buy a four-wheeler. In her complaint, the woman
said she was then subjected to mental and physical harassment by her husband
over this demand.

The HC, in its order, noted the woman had merely stated she was harassed but had
not specified any such act in her complaint.

“If a married lady is asked to do household work definitely for the purpose of
the family, it cannot be said it is like a maid servant. If she had no wish to
do her household activities, then she ought to have told it either prior to the
marriage so that the bridegroom can rethink about the marriage itself or if it
is after marriage, then such problem ought to have been sorted out earlier,” the
court said.

It further said mere use of the words harassment ‘mentally and physically’ is
not sufficient to attract Section 498A of the Indian Penal Code unless such acts
are described.

“Unless those acts are described, it cannot be concluded whether those acts
amounted to harassment or subjecting a person to cruelty,” the HC order stated.

The omnibus allegations the wife made against the husband would not attract the
offence under the provision, the court said, and allowed the petition filed by
the husband and his parents seeking to quash the case.




Follow and connect with us on Twitter, Facebook, Linkedin, Youtube
Industry
vibha kankanwadi
fir
bombay high court
aurangabad
mumbai
Supreme court


Read on App
Read on App


PEOPLE WHO READ THIS ALSO READ

 * Liquor licence can’t be suspended over family disputes: HC
 * Any corrosive matter is 'acid', rules Delhi HC, upholds life term of 2
   attackers
 * Can't grant anticipatory bail merely because custodial interrogation not
   required: SC
 * India-born Pakistani to remain in India, on bail: Supreme Court


SUBSCRIBE TO OUR NEWSLETTER

5000+ Industry Leaders read it everyday



I have read Privacy Policy and Terms & Conditions and agree to receive
newsletters and other communications on this email ID.








INDUSTRY

 * 9 mins ago
   
   NGT DIRECTS CLOSURE OF COMMERCIAL ESTABLISHMENTS IN UP EXTRACTING GROUNDWATER
   ILLEGALLY

 * 39 mins ago
   
   BOMBAY HIGH COURT REFUSES TO JUNK FIR AGAINST ‘HANDICAPPED’ MAN

 * 43 mins ago
   
   MOINABAD FARMHOUSE FIR: TELANGANA HC STAYS PROBE ON ONE HAND, ALLOWS REMAND
   ON THE OTHER

 * 47 mins ago
   
   DRIVER CAN'T BE PUNISHED FOR DEATH OF PETITIONER'S PET DOG AS THERE IS NO
   ENMITY, SAYS K'TAKA HC

View More




EXCLUSIVE


SC TO HEAR ON OCT 31 PLEA TO ESTABLISH SPECIAL ANTI-CORRUPTION COURTS IN EVERY
DISTRICT

The Supreme Court is scheduled to hear on October 31 a plea seeking to establish
special anti-corruption courts in every district to decide cases related to
various economic offences like money laundering and tax evasion within one year.

 * PTI

Click Here to Read This Story
 * 
 * 
 * 
 * 
 * 
 * 
 * 
 * 

New Delhi, The Supreme Court is scheduled to hear on October 31 a plea seeking
to establish special anti-corruption courts in every district to decide cases
related to various economic offences like money laundering and tax evasion
within one year. According to the cause list of October 31 uploaded on the apex
court website, the petition is slated to come up for hearing before a bench
comprising Chief Justice U U Lalit and Justices S R Bhat and Bela M Trivedi.

The PIL filed by advocate Ashwini Kumar Upadhyay has also sought directions to
high courts to take appropriate steps to decide cases related to economic
offences.

The PIL, filed through advocate Ashwani Kumar Dubey, contended that the Centre
and State governments have also not taken appropriate steps in this regard.



None of the government departments are corruption-free, it submitted.

"Due to long pendency and ineffective anti-corruption laws, even after 73 years
of Independence and 70 years after becoming a socialist secular democratic
republic, none of our districts are free from cases related to black money,
benami property, disproportionate assets, bribery, money laundering, tax evasion
and similar other economic offences," the petition said.

India's anti-corruption laws are very weak and ineffective and fail to control
corruption, and even the Benami Transactions Act, passed in 1988, is gathering
dust without action, it submitted. PTI PKS DV DV

Follow and connect with us on Twitter, Facebook, Linkedin, Youtube
Industry
u lalit
kumar upadhyay
kumar dubey
bela m trivedi
supreme court


Read on App
Read on App



EXCLUSIVE


CHILD'S SEXUAL ASSAULT: CONVICT RELEASED ON PROBATION IN 2015, SENT TO JAIL BY
HC TO SERVE SENTENCE

The Delhi High Court has sent behind bars a man, who was convicted for sexually
assaulting a four-year-old girl but was released on probation by a trial court
in 2015.

 * PTI

Click Here to Read This Story
 * 
 * 
 * 
 * 
 * 
 * 
 * 
 * 

New Delhi, The Delhi High Court has sent behind bars a man, who was convicted
for sexually assaulting a four-year-old girl but was released on probation by a
trial court in 2015. The high court said the trial court has "grossly erred" in
releasing the convict on the period undergone by him in jail, that is, nine
months and 26 days.

The trial court, while granting the benefit of probation to the man, had noted
that it was his first offence under the provision of POCSO Act which was
punishable with a maximum imprisonment for five years with fine.

However, in the high court, a bench of Justices Mukta Gupta and Anish Dayal said
that section 10 (punishment for aggravated sexual assault) of the POCSO Act
entails a minimum punishment of five years jail and a maximum sentence of seven
years.



"It is apparent that the special court grossly erred in noting the fundamental
fact that the conviction under Section 10 of POCSO Act entails a maximum
punishment of imprisonment for five years with fine whereas as per the Section
10 of POCSO Act, it entails a minimum punishment of imprisonment for five years
with fine and a maximum punishment of imprisonment for seven years with fine,"
the bench said.

The high court's verdict came while allowing an appeal filed by the state
challenging the trial court's February 2015 judgement releasing the convict on
probation.

The man was convicted for the offences of kidnapping and sexually assaulting the
minor.

Though the man has not challenged his conviction, to satisfy themselves, the
high court judges went through the deposition of the minor victim who was four
at the time of the alleged incident which has been proved.

The child, in her testimony, gave details of the incident and also identified
the man present in the trial court.

"Even in the cross-examination of this child victim, nothing has been elucidated
to show that the respondent did not commit the offence punishable under Section
10 of the POCSO Act," the high court said.

The bench said, "considering the mitigating factors that the respondent (man)
has to look after the family, during the period from February 11, 2015, the
respondent is not involved in any other offence, the sentence of the respondent
is modified from the period already undergone to sentence of rigorous
imprisonment for a period of five years and to pay a fine of Rs 25,000...The
compensation amount as directed by the special court for a sum of Rs 50,000 to
be paid by the secretary, DLSA North-West District would remain the same".



The high court asked the police personnel to hand over the custody of the
convict, who was present in the court, to the Tihar Jail superintendent for
serving his remaining sentence. PTI SKV SKV DV DV

Follow and connect with us on Twitter, Facebook, Linkedin, Youtube
Industry
pocso act
mukta gupta
anish dayal
Supreme court
new delhi
dlsa north-west district


Read on App
Read on App



EXCLUSIVE


SC TO EXAMINE VALIDITY OF AGE RESTRICTION FOR CONDUCTING TESTS BEFORE ABORTION

The Supreme Court of India has agreed to examine the validity of the age
restriction of 35 years on women's reproductive rights for conducting
pre-conception and pre-natal diagnostic tests.

 * ANI

Click Here to Read This Story
 * 
 * 
 * 
 * 
 * 
 * 
 * 
 * 

New Delhi: The Supreme Court of India has agreed to examine the validity of the
age restriction of 35 years on women's reproductive rights for conducting
pre-conception and pre-natal diagnostic tests.

A bench of justices Sanjay Kishan Kaul and Abhay S. Oka on October 17 issued a
notice to the Centre and others on the aspects relating to age restriction only.

"Issue notice restricted to the aforesaid aspect," the court had said.



The court was hearing a plea filed by petitioner-in-person Meera Karuna Patel,
who is also an advocate. Advocate Patel submitted that much water has flown
since the petition was filed and amendments have been made but one aspect still
needs consideration.

She referred to Section 4(3)(i) of the Pre-Conception and Pre-Natal Diagnostic
Techniques (Prohibition of Sex Selection) Act, 1994 to contend that the age
restriction of 35 years is a restriction on the reproductive rights of women and
in view of the recent judgment of this Court titled "X vs. Principal Secretary,
Health and Family Welfare Department, Govt. of NCT of Delhi and Another" the
provision would not stand judicial scrutiny.

Section 4 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition
of Sex Selection) Act, 1994 deals with the regulation of pre-natal diagnostic
techniques.

According to this section, no pre-natal diagnostic techniques shall be used or
conducted unless the person qualified to conditions that the age of the pregnant
woman is above thirty-five years.

In September, the Supreme Court had given a landmark judgment and held that all
women are entitled to safe and legal abortion. The court had also said that the
meaning of the rape must include marital rape for the Medical Termination of
Pregnancy Act.


Follow and connect with us on Twitter, Facebook, Linkedin, Youtube
Industry
Abortion India
age restriction
supreme court of india
medical termination of pregnancy act
supreme court
pre-natal diagnostic techniques
Health news
Abortion


Read on App
Read on App



EXCLUSIVE


ANY CORROSIVE MATTER IS 'ACID', RULES DELHI HC, UPHOLDS LIFE TERM OF 2 ATTACKERS

The high court has upheld the life term of two men in a 2014 'acid attack' case
and awarded Rs 5 lakh as compensation to a woman who has been left with "severe
deformity of her face, including loss of almost complete vision in her left
eye".

 * TNN

Click Here to Read This Story
 * 
 * 
 * 
 * 
 * 
 * 
 * 
 * 

NEW DELHI: The high court has upheld the life term of two men in a 2014 'acid
attack' case and awarded Rs 5 lakh as compensation to a woman who has been left
with "severe deformity of her face, including loss of almost complete vision in
her left eye".

The two had recently challenged before the Delhi high court their jail terms
given by a trial court, arguing that there was no proof that the liquid they
poured on the woman was acid or another corrosive substance.

Dismissing their appeal, the high court noted that as per Section 326A of the
Indian Penal Code, the word 'acid' doesn't refer to only substances that are
scientifically termed as 'acids' but also includes all such chemicals that have
acidic or corrosive or burning nature and are capable of causing scarring or
disfigurement and temporary or permanent disability.



'Fine collected from convicts should go to acid attack survivor'
Delhi High Court, while upholding the life term of two men in an acid attack
case, said a fine of Rs 2.5 lakh imposed on each convict should be given to the
woman. A bench of Justices Mukta Gupta and Anish Dayal fixed the amount taking
note of the gravity of the offence and its extensive impact on the life and
livelihood of the woman survivor.

According to the prosecution, even before the attack in 2014, she was being
harassed by one of the convicts and she had even lodged a complaint against him.

Rejecting the contention of the two that there was no proof that the substance
poured on the woman was acid, the Delhi HC noted that testimonies of all medical
experts were "clearly and categorically dispositive" of the fact that the victim
"suffered serious chemical burns". Therefore, the "nature of the substance is
clearly of acidic/corrosive/burning nature", it said.

The high court also rejected the appellants' claim that the victim had
"fabricated" the case, saying it was "impossible to accept that any person would
go through such tremendous pain and intense medical process just to implicate
somebody falsely for an assault".




Follow and connect with us on Twitter, Facebook, Linkedin, Youtube
Industry
Crime
Supreme court
delhi acid attack case news live
delhi acid attack case news
delhi acid attack case
delhi news
delhi


Read on App
Read on App



EXCLUSIVE


PIL IN DELHI HC SEEKS GUIDELINES FOR APPOINTMENT OF POLITICAL FUNCTIONARIES AS
PUBLIC SERVANTS

The plea in Delhi High Court seeks direction to the Centre and Delhi Government
to set up a committee to frame guidelines for appointments of political
functionaries as public servants.

 * ANI

Click Here to Read This Story
 * 
 * 
 * 
 * 
 * 
 * 
 * 
 * 

New Delhi [India], October 27 (ANI): A Public Interest Litigation (PIL) has been
moved in Delhi High Court seeking direction to the Central Government and Delhi
Government to constitute a committee for the framing of guidelines for
appointments of persons holding official positions in political parties as
public servants.

The plea seeks direction to the respondents to remove the persons from their
posts who have acted or are continuing to act in wilful ignorance of the
principle of neutrality and holding any official position in a political party
while being a public servant.

The petitioner Sonali Tiwary, a practising lawyer of Delhi, states in the
petition that the public servants have failed to act neutrally and due to their
affiliation with such political parties, have misused the public resources
entrusted with them.



The petition mentions the name of several political leaders belonging to
Bhartiya Janta Party (BJP), Congress and Aam Aadmi Party (AAP) being appointed
to government posts and even after such appointments, they continue to engage in
political activities which is in direct contravention of the principle of
neutrality and also interferes with the performance of the public duty of the
public servant.

The persons occupying such venerated offices are expected to maintain neutrality
and remain impartial in their decisions, however, holding any kind of official
position within a political party would negate the very purpose behind the
neutrality of public servants, states the plea.

The political affiliation of a public servant would result in rampant misuse of
public office for the political gains of the public servant in office and for
the undue benefit of the political party which has appointed him. Such political
activities of the public servants will erode the faith of the general public in
the government officiants as they will be reduced to being the mouthpieces of
the political parties, the plea stated.

The concept of fundamental rights of speech and expression and right to the
association cannot be stretched to include within it - a right to Public
Servants to express their political view publicly and in media and associate
themselves to specific political parties. The taxpayers money should not be
exploited for promoting the agenda of a political party, said the plea. (ANI)




Follow and connect with us on Twitter, Facebook, Linkedin, Youtube
Industry
public servants
delhi government
delhi
congress
central government
Supreme court


Read on App
Read on App



EXCLUSIVE


DELHI HC DISMISSES BAIL PLEA OF MAN ACCUSED OF ABDUCTION, ROBBERY, IMPERSONATING
AS UP COP

The Delhi High Court recently dismissed the bail plea of a person who allegedly
abducted and robbed a man impersonating police personnel of Uttar Pradesh.

 * ANI

Click Here to Read This Story
 * 
 * 
 * 
 * 
 * 
 * 
 * 
 * 

New Delhi [India], October 27 (ANI): The Delhi High Court recently dismissed the
bail plea of a person who allegedly abducted and robbed a man of Rs 65 Lakh
along with his co-accused impersonating as police personnel from Uttar Pradesh.

A case was registered at Lahori Gate police station in April 2022.

Justice Swarana Kanta Sharma dismissed the bail plea of Rahul Kumar Pal
considering the seriousness of the offence and the nature of the charges. The
bench said that this is not a fit case for a grant of bail, at this stage.



The High Court noted, " The applicant and his associates are visible in CCTV
footage at the spot. Call Detail Record (CDR), prima facie, discloses his
presence at the place of the incident."

Moreover, the applicant did not join Test Identification Parade (TIP) on the
ground that the complainant knows him.

The complainant has identified the applicant in the CCTV footage, and the bench
further noted in the order of October 20 this year 2022.

The bench also noted that the applicant is involved in two cases of similar
nature registered at Agra's Hari Parbat police station of Uttar Pradesh.

The brief facts are that the applicant along with his four associates
impersonated himself as a police official of Uttar Pradesh Police and abducted
the complainant in a white Scorpio and thereafter, robbed an amount of Rs.
65,00,000 along with other articles.

The complainant Rahul Ravinder Pandey had lodged a complaint on March 31, 2022,
after which an e-FIR was registered at Lahori Gate Police Station on April 4
this year.

The petitioner was arrested on April 4 and a charge sheet was filed under
sections 365, 395, 342 and 170 of the Indian Penal Code (IPC).

The counsel for the petitioner submitted that since the petitioner was arrested,
he is in Judicial Custody. It is submitted that the petitioner was arrested in
this case only on the basis that the Scorpio car which was allegedly involved in
this case was recovered from the applicant.



It was also submitted that the complainant had filed a complaint after five days
of the alleged offence and the statements of the complainant on April 4 and 7,
2022 are contrary to each other and the whole story of the complainant is
concocted.

On the other hand, Additional Public Prosecutor (APP) for the State submitted
that a charge sheet has been filed in the present case and an offence punishable
under Section 365, 395, 342 and 170 IPC is made out against the accused. (ANI)



Follow and connect with us on Twitter, Facebook, Linkedin, Youtube
Industry
uttar pradesh
swarana kanta sharma
rahul ravinder pandey
ipc
cctv
Supreme court


Read on App
Read on App



EXCLUSIVE


UNION MINISTER ACQUITTAL IN MURDER CASE: SC REFUSES TO TRANSFER UP GOVT APPEAL

The Supreme Court has refused to entertain a plea by Union Minister Ajay Mishra
seeking a direction to transfer the UP government's appeal, challenging his
acquittal in an over two decade old murder case, from the Allahabad High Court's
Lucknow bench to the main court itself.

 * IANS

Click Here to Read This Story
 * 
 * 
 * 
 * 
 * 
 * 
 * 
 * 

New Delhi, The Supreme Court has refused to entertain a plea by Union Minister
Ajay Mishra seeking a direction to transfer the UP government's appeal,
challenging his acquittal in an over two decade old murder case, from the
Allahabad High Court's Lucknow bench to the main court itself.

A bench, headed by Chief Justice U.U. Lalit and comprising Justice Bela M.
Trivedi said: "We do not go into all these issues as in our view, a request to
the high court to hear the appeal for disposal on November 10, 2022, the date
given by the high court and agreed upon by both the senior counsel would serve
the ends of justice. In case the senior counsel is unable to come down to
Lucknow, a request for allowing said counsel to make submissions through
videoconferencing may be considered by the high court."

The bench, in its order, further added: "With these observations, the instant
writ petition and the special leave petition are disposed of. Pending
interlocutory application(s), if any, stands disposed of."



Counsel had informed the bench that the transfer was sought on grounds as the
senior advocate, who would argue the matter at Lucknow, was ordinarily based at
Allahabad and because of his old age, it would not be possible for him to go all
the way to Lucknow for arguments.

The top court, in its order, said: "The instant writ petition has been filed by
the complainant seeking directions that the matter which is pending
consideration before the high court and which is getting repeatedly adjourned,
be directed to be listed and heard at an early date. It is also submitted that
the appeal was actually heard in the month of March 2018. However, till April
2022, no judgment having been delivered, a request was made on behalf of the
complainant for rehearing of the appeal."

Mishra moved the apex court challenging the administrative order passed by the
Chief Justice of the Allahabad High Court declining to entertain a plea to
transfer the appeal from Lucknow to Allahabad.

The matter is connected with the murder of 24-year-old Prabhat Gupta, which took
place in Lakhimpur Kheri in 2000.

Mishra, Union Minister of State for Home, had faced trial in Gupta's murder but
the trial court acquitted him and others for want of evidence in 2004. The state
filed the appeal after Mishra's acquittal and the deceased's family also filed a
separate revision petition against the judgment.



--IANS

ss/vd

Follow and connect with us on Twitter, Facebook, Linkedin, Youtube
Industry
prabhat gupta
mishra
lakhimpur kheri
counsel
ajay mishra
Supreme Court


Read on App
Read on App



EXCLUSIVE


ISSUE FRESH NOTICE ON COUNSELLING OF TEACHERS FOR PROMOTION: HC

The Madras High Court has directed the Tamil Nadu government to issue a fresh
notification for holding counselling for promotion to the post of B.T.
assistants and headmasters of high schools from among qualified teachers, who
possess the minimum eligibility criteria of passing the teachers eligibility
test (TET) at the earliest.

 * PTI

Click Here to Read This Story
 * 
 * 
 * 
 * 
 * 
 * 
 * 
 * 

Chennai, Oct. 26 (PTI): The Madras High Court has directed the Tamil Nadu
government to issue a fresh notification for holding counselling for promotion
to the post of B.T. assistants and headmasters of high schools from among
qualified teachers, who possess the minimum eligibility criteria of passing the
teachers eligibility test (TET) at the earliest. Justice D Krishnakumar issued
the direction while allowing a writ petition from R Sakthivel and dismissing a
writ petition from V Vanaja and 40 others recently.

Sakthivel sought to quash an order of the Commissioner of School Education and
another one of the Director of School Education on June 30 this year as illegal
to the extent of making promotion from unqualified persons and direct them to
give promotion or appointment from TET passed persons alone.

The other petition from Vanaja and 40 others sought to quash an order dated July
11 this year insofar as it had postponed the promotion counselling, which was
scheduled to be held on July 14 and 15 for the post of B.T. assistant from the
post of secondary grade teachers. It sought to hold the counselling within a
timeframe to be fixed by the court.



The judge noted that the NCTE, the academic authority authorised by the Central
government under section 23(1) of the Right to Education Act (RTE Act),
prescribed the minimum qualification for recruitment as teachers for classes I
to VIII. The language used in section 23 of the Act is clear that a teacher, who
at the commencement of the Act, does not possess the minimum qualification,
shall acquire it within five years.

This was initially granted by the Act/statute to enable the existing teachers,
who were already in service at the commencement of the Act, to acquire the
qualification of pass in TET and also in circumstances where a State not having
adequate institutions offering courses or training in teacher education, or
teachers possessing minimum qualifications are not available in sufficient
numbers. Even the RTE Rules, 2011 framed by the Tamil Nadu government emphasised
that all teachers in schools are required to acquire the minimum qualification
within five years from the commencement of the Act dated March 31, 2015. It had
also issued a GO on November 15, 2011, making the TET compulsory and designated
the teachers recruitment board (TRB) as the nodal agency for conducting the test
for recruitment of teachers.



Subsequently, under the RTE Amendment Act in 2017, the period to acquire the
minimum qualification was extended by another four years by March 31, 2019. The
intention of the Central government is to ensure strict enforcement of section
23 of the RTE Act, 2009 and therefore, they have declined to grant further
extension of time sought for by the State governments for completion of TET by
teachers dated February 27, 2019.

"In the light of the above narration and taking note of the factual background,
the legal provisions spelling out the intention of the legislature, the effect
of the subordinate legislation pursuant thereto, the inescapable conclusion
would be that every teacher whether secondary grade or B.T. assistant, whether
appointed by direct recruitment or promotion in the case of BT assistant,
whether initially appointed prior to the RTE Act, NCTE amended notifications or
appointed thereafter, must necessarily possess/acquire the eligibility of a pass
in TET.

The only allowance to those appointed prior to the RTE Act 2009 is that they
have been given five years initially and another four years from April 1, 2015
to acquire the eligibility of pass in TET. Therefore, the claim that secondary
grade teachers appointed prior to the commencement of the Act and notifications
will now be eligible for promotion to the post of BT assistant without passing
TET, cannot be countenanced in the light of the analysis done," the judge said
and gave the direction. COR NVG NVG

Follow and connect with us on Twitter, Facebook, Linkedin, Youtube
Industry
vanaja
trb
teachers recruitment board
tamil nadu
right to education act
d krishnakumar
Supreme court


Read on App
Read on App



EXCLUSIVE


SC: TRADITIONAL METHODS NOT ABLE TO DECONGEST JUDICIARY

With 80% of fresh filings in constitutional courts being criminal cases, the
Supreme Court on Wednesday expressed grave concern over the alarming situation
and said as traditional methods are unable to decongest the judiciary,
"something needs to be done urgently".

 * Dhananjay Mahapatra
 * TNN

Click Here to Read This Story
 * 
 * 
 * 
 * 
 * 
 * 
 * 
 * 

NEW DELHI: With 80% of fresh filings in constitutional courts being criminal
cases, the Supreme Court on Wednesday expressed grave concern over the alarming
situation and said as traditional methods are unable to decongest the judiciary,
"something needs to be done urgently".

This concern was raised by a bench of Justices Ajay Rastogi and C T Ravikumar
when senior advocate Mukul Rohatgi said it has become very difficult to get Ekta
Kapoor's case listed for hearing before the Patna HC, which is deluged with bail
applications and criminal appeals linked to cases under the prohibition law in
the state.

The bench said, "The trial court judges are afraid of exercising their
discretion to grant bail in the prevailing atmosphere where charges of bias fly
thick and fast. They do not want to take the risk and adopt the safest route of
dismissing bail pleas. This makes litigants rush to the high courts.



"The HCs get clogged with appeals at every stage - taking cognizance of
chargesheet and framing of charges as well as bail petitions under Section 482
of the criminal procedure code."

The situation is similar in Bombay and Allahabad HCs. Rohatgi said at least in
Bombay HC, there is a procedure for getting a case urgently listed, but Patna HC
has no such procedure of mentioning a case for urgent listing.

"The HCs summarily dismiss the pleas, making the litigants rush to the court. If
80% of the fresh filings are criminal cases, God only knows how to manage. If
the HCs do not give reasons, we (SC) ask them to give reasons. In grant or
denial of bail, reasons are not necessary," the bench said.

Rohatgi suggested that "there needs to be a brainstorming session between
Supreme Court judges and seasoned lawyers for laying down guidelines for the
high courts and trial courts on dealing with criminal cases". Justice Rastogi
said he would consult the CJI on this issue. "Senior advocates must respond to
the situation," he added.

In trial courts, of the total pendency of 4.2 crore cases, 3.1 crore are
criminal cases. The HCs have a total pendency of 59.5 lakh cases, of which 16.6
lakh are criminal and 42.9 lakh are civil cases.




Follow and connect with us on Twitter, Facebook, Linkedin, Youtube
Industry
Supreme Court
SC
Patna
Judiciary
Delhi


Read on App
Read on App



EXCLUSIVE


ALL INDIA MUSLIM WOMEN PERSONAL LAW BOARD, NYAYABODH FOUNDATION MOVE SC AGAINST
UNILATERAL EXTRA-JUDICIAL TALAQ

New Delhi [India], October 19 (ANI) All India Muslim Women Personal Law Board
(AIMWPLB) and Nyayabodh Foundation on Wednesday moved the Supreme Court seeking
to issue a direction to respondents that divorce given to Muslim women without
following the due procedure be declared as null and void retrospectively.

 * ANI

Click Here to Read This Story
 * 
 * 
 * 
 * 
 * 
 * 
 * 
 * 

New Delhi [India], October 19 (ANI): All India Muslim Women Personal Law Board
(AIMWPLB) and Nyayabodh Foundation on Wednesday moved the Supreme Court seeking
to issue a direction to respondents that divorce given to Muslim women without
following the due procedure be declared as null and void retrospectively.

The petitioner has been moved through the president of All India Muslim Women
Personal Law Board Shaista Amber and the president of Nyayabodh Foundation,
advocate Ritu Dubey. The petitioner has raised grievances of various women
victims of unilateral extra-judicial talaq.

The petition has sought to declare talaq-e-Hasan and "other forms of unilateral
extra-judicial talaq as an evil plague".



The petition sought to issue the direction to respondents that divorce given to
Muslim women without following the due procedure of arbitration and conciliation
in the presence of a witness be declared as null and void retrospectively.

The petition sought to issue directions or guidelines in a retrospective manner
to all the respondents regarding the economic and social security for divorced
women and their children as children are deprived of their basic fundamental
rights (food, health, education, shelter, live the life with dignity) due to
such arbitrary forms of Talaq.

The petition also sought to issue direction to all respondents/lawmakers to take
appropriate steps to remove the prevailing anomalies of taking divorce by
Talaq-e-Hassan and /or other unilateral forms of Talaq and make a rule that one
proper process/forms to be followed for taking divorce in the light of Quranic
principles /guidelines which says that maintenance of wife and children is the
prime responsibility of a man/husband which can not be denied and the wife and
children cannot be abandoned. (ANI)



Follow and connect with us on Twitter, Facebook, Linkedin, Youtube
Industry
SC
petition
Muslim women
Delhi
board


Read on App
Read on App

 * Industry News
 * Auto News
 * Retail News
 * Health News
 * Telecom News
 * Energy News
 * CIO News
 * Real Estate News
 * Brand Equity
 * CFO News
 * IT Security News
 * BFSI News
 * Government News
 * Hospitality News
 * HR News
 * ET TravelWorld News
 * Infra News
 * B2B News
 * CIOSEA News
 * HRSEA News
 * HRME News

 * CONTACT US
   
   
   ADVERTISE WITH US
   
   We have various options to advertise with us including Events, Advertorials,
   Banners, Mailers, Webinars etc.
   
   Please contact us to know more details.

 * SIGN UP FOR
   
   
   ETLEGALWORLD NEWSLETTER
   
   Get ETLegalWorld's top stories every morning in your email inbox.
   
   5000+ Industry Leaders read it everyday
   
   
   
   I have read Privacy Policy and Terms & Conditions and agree to receive
   newsletters and other communications on this email ID.
   

 * FOLLOW US
   
   
   @ETLEGALWORLD
   
   Follow @ETLegalWorld for the latest news, insider access to events and more.
   
   * 
   * 
   * 
   * 
   * 

 * About Us
 * Contact Us
 * Advertise with us
 * Newsletter
 * RSS Feeds
 * Embed ETLegalWorld.com Widgets on your Website
 * Privacy Policy
 * Terms & Conditions
 * Guest-Post Guidelines
 * Sitemap

Copyright © 2022 ETLegalWorld.com. All Rights Reserved.