PIL in High Court to cap cash transactions at Rs 10,000

A PIL was moved in the Delhi High Court on Thursday, seeking directions to the Centre and AAP government to cap cash transactions at Rs 10,000, saying such a step would help curb illegal activities like terrorism, corruption and use of black money.

The petition, by BJP leader and lawyer Ashwini Kumar Upadhyay, claimed that “cash transactions in high denomination currency is used in illegal activities like terrorism, naxalism, separatism, radicalism, smuggling, money laundering, kidnapping, extortion and bribery”.

Upadhyay has contended that a cap on cash transactions would force black money holders to declare their unaudited movable and immovable assets.

“Thus, in a long way, it will help in putting an end to black money,” the petition said and added it would also lead to people depositing their cash in banks which in turn would generate revenue for government.

The plea said the government can use the revenue so generated for betterment of society and to provide good infrastructure and facilities to people.

The petition further said that black money “distorts and disrupts the public distribution system with great violence”.

“It is inimical to the fostering of excellence and has adverse impact on EWS and BPL families.”

It claimed that even after seven decades of independence, half of the population “is still in distress, leading a hand-to-mouth existence, large segments not knowing where the next meal is coming from, with abominable health standards and primary education levels”.

“Much of this malaise is traceable to widespread corruption, benami transaction and existence of black money,” the PIL alleged.

Man asked to pay Rs 45,000 maintenance to 2nd wife and minor son

A Delhi court has asked a man to pay a monthly maintenance of Rs 45,000 to his second wife in a domestic violence case, noting he did not have to maintain his first wife as she was employed.

The court also noted that the man had reconciled with his first wife.

Additional Sessions Judge Vrinda Kumari upheld the lower court’s order asking the man, a Rajasthan resident, to pay the maintenance to his estranged second wife and their minor son.

“The amount of maintenance of appellant aggrieved (second wife) and her minor son must be decided accordingly… The court is unable to find any fault with awarding maintenance amount of Rs 20,000 to woman and Rs 25,000 to minor son,” the judge said.

The court, while rejecting the man’s claim that the maintenance amount was high as he had to maintain his first wife and son, said “the wife and son from the first wedlock were employed and were not dependent on him”.

The court, however, refused to allow the woman’s plea to enhance the maintenance, saying she failed to lead any evidence regarding his income.

According to the complaint filed by the woman, the man married her after allegedly concealing his first wedlock.

It also alleged that he, along with his mother, had taken more than Rs 50 lakh from her to start a business.

The complaint further alleged that they separated after she found out about his first marriage.

Besides maintenance, the woman had sought prohibitory orders to restrict the man and his mother to save herself from domestic violence.

The trial court had granted a maintenance of Rs 45,000 to the woman and the child. She, however, approached the court for enhancement.

Opposing her contentions, the husband claimed that the magisterial court order was passed ex-parte.

This claim was rejected by the court which noted that he failed to apprise about his address despite being repeatedly asked to do so.

HC sets aside 10 yr RI to two; fines them Rs 25,000

HC sets aside 10 yr RI to two; fines them Rs 25,000
HC sets aside 10 yr RI to two; fines them Rs 25,000

The Madras High Court has set aside the 10-year rigorous imprisonment awarded to two men by a trial court over an armed clash in 2010 but fined them Rs 25,000 each for wasting the time of both courts by going for a compromise with the rival group after the lower court decided the case and then moving HC.

Justice S Vimala directed the duo to pay the money to an orphanage while saying they had wasted the time of the courts.

The question of which orphanage would be decided later, she said.

The judge said the two had been swayed by emotions and indulged in a violent attack. The lower court had not taken this aspect into account.

Justice Vimala said a careful analysis showed that the charge of attempt to murder against the duo (Section 307 of IPC) had not been made out at all.

She said the injuries sustained on their right hand and elbow was certainly not a case to be booked under Section 307.

The Judge then set aside the conviction and 10 year rigorous imprisonment imposed on them by the trial court.

Gopi and Veerakumar had challenged their sentence.

A group led by the duo of Pattukottai in Thanjavur district and another group led by their relatives were involved in a clash on May 13 2010. However, they later entered into a compromise.

A case was later registered against the duo under IPC Sec 307 (attempt to murder) and 342 (wrongful confinement).

 

( Source – PTI )

HC lowers monthly maintenance by Rs 30,000 in divorce case

The Bombay High Court has modified a family court order by bringing down the monthly maintenance allowance from Rs 50,000 to Rs 20,000 payable by an army colonel to his divorced wife, who is a dentist by profession.

A bench of justices A R Joshi and Vijaya Tahilramani recently ordered Col Joseph Philip to pay Rs 20,000 per month to his divorced wife Ritu from June 21, 2012 to November 21, 2014, within a period of six weeks.

The court also asked him to continue paying Rs 20,000 per month to Ritu even after November 21.The couple had married at Hisar in Haryana on August 30, 1990, and were blessed with a daughter two years later.

 

The bench was hearing an appeal filed by Col Philip against the impugned order of the family court which granted a divorce decree to the couple but ordered maintenance of Rs 50,000. The husband filed an appeal challenging maintenance.

The Mumbai family court had ordered Col Philip to pay Rs 50,000 per month to his estranged wife after going through his salary slips. However, the high court brought it down to Rs 20,000, observing that the maintenance was exorbitant.

“Taking an overall view of the facts and circumstances, we are of the opinion that the amount of maintenance granted by the Family Court in the sum of Rs 50,000 per month is exorbitant and needs to be reduced to Rs 20,000 per month,” said the bench in its order on October 21.

The court noted that the appellant’s 22-year-old daughter was undergoing a veterinary science course in Nagpur for which he was spending money on her hostel accommodation and studies. And this, he did, despite his daughter having an independent source of income from a family business of her maternal uncle. Hence, the daughter was not dependent on Ritu.

The court noted that Ritu was a dentist and also earned some amount out of a trust she ran in the name of ‘Highways Infinite Public Trust’.

Besides, she had a flat and car in her name. The flat was purchased for Rs 15 lakh and half of this amount was contributed by her husband. She also had bought a land in 2008 and sold it for Rs 2.52 lakh, the judges observed while disposing of Col Philip’s appeal.

Man sentenced to life for molesting grand daughter

Life imprisonment to a man has awarded by a local court to a man who have molest his seven year old grand daughter.

According to prosecution, on June 4, 2008, Shivkumar molested his grand daughter.

On the basis of the evidences, District Judge Rakesh Kumar held Shiv kumar guilty yesterday and awarded life imprisonment to him.

The court also imposed a fine of Rs 10,000 on him.

 

Pension Scheme for Advocates in Bihar

Here in Bihar an  ambitious pension scheme has been launched for more than one lakh advocates.

While launching the pension scheme in Bihar, Chairman of Bar Council of India Manan Kumar Mishra told that advocates having 30 years of practicing experience would be eligible to get monthly pension of Rs 5,000.

Those who had attained 65 years of age would also get benefit of the scheme.

‘Those willing to avail the facility of pension scheme would have to pay one time Rs 7,000, if they are below 30 years of age,’ Mr Mishra said adding that the advocates who had crossed the age limit of 30 years would have to deposit onetime payment of Rs 10,000 with bar council to get the benefits of pension scheme.

Mr Mishra told that in the event of death of beneficiary advocates, their wives would get Rs 2,500 per month as family pension.

He also added, All advocates willing to come under umbrella of pension scheme would have to purchase journals of Bar Council regularly.

 

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Man sentenced 10 years of RI in 2-year-old rape case

In Kalawari Mustkaham village a man who has raped a 2 years girl has been awarded 10 years of rigorous imprisonment by a local court.

Additional District and Sessions Judge I D Dubey held Guddu responsible for raping a woman on January 23, 2010, in Kalawari Mustkaham village and awarded him ten years of rigorous imprisonment.

The court also imposed a fine of Rs 6,000 on the accused.