Updated : ஜூலை 04, 2019 04:25 | Added : ஜூலை 04, 2019 04:08
சிங்கப்பூர் : இந்தியாவைச் சேர்ந்த, ஜாப் மேத்யூ பனக்கல், 37, சிங்கப்பூரில், கட்டுமான இன்ஜினியராக பணியாற்றி வருகிறான். அங்குள்ள நீச்சல் குளத்தில், 10 - 13 வயதுள்ள சிறுமிகளிடம் தவறாக நடந்துள்ளான். புகாரின் அடிப்படையில் கைது செய்யப்பட்ட அவருக்கு, 20 வார சிறை தண்டனை விதிக்கப்பட்டுள்ளது. சிறுமிகளிடம் தவறாக நடந்தால், சிங்கப்பூரில், சிறை தண்டனை, அபராதம் மற்றும் சவுக்கடி கொடுக்கப்படும்.
Can University be considered State? Supreme Court notice in Petition by HNLU Murali Krishnan July 1 2019
Can a University be considered an office of Central government or State government for fixing responsibility under Motor Vehicles Act, 1988. The Supreme Court will decide this issue in a petition filed by Hidayatullah National Law University (HNLU).
A Bench of Justices NV Ramana and Ajay Rastogi said that it will hear the matter and issued notice to Insurance Company ICICI Lombard.
Advocates Aniruddha P Mayee and Selvin Raja appeared for HNLU.
The case concerns a motor accident death caused by a vehicle belonging to the HNLU. One Vineet Shrivastava, was hit by Motor Vehicle Bus owned by HNLU. The Motor Accidents Claims Tribunal awarded a compensation of Rs.10,81,700 to the claimants. While passing the award, the Tribunal fastened the liability upon the driver, owner (HNLU) and insurer (ICICI) of the vehicle jointly and severally.
ICICI preferred an appeal to the Chhattisgarh High Court against the MACT judgment. The appeal of the insurance company was mainly on two grounds. First, that the vehicle belonging to HNLU did not have valid permit at the time of accident to operate the Bus as a passenger carrying vehicle and secondly, the driver of offending vehicle did not have proper licence at the time of accident.
Therefore, it was submitted that the insurance company should be exonerated of its liability and the liability should have been fastened upon the owner and driver of the vehicle.
On the issue permit, the question before the High Court was surrounding Section 66(3) of the Motor Vehicles Act. As per the said Section, any transport vehicle owned by the Central Government or a State Government and used for Government purposes unconnected with any commercial enterprise, is exempted from the requirement of having a permit.
Thus, the question before the High Court was whether the University can be considered State so as to avail the exemption under Section 66(3) of the Motor Vehicles Act.
The High Court noted that HNLU was established under an Act of the State government known as Hidayatullah National University of Law Chhattisgarh, Act, 2003. Be that as it may, the High Court proceeded to observe that HNLU is an autonomous body being run and maintained by an independent body not connected and controlled by the State government in any manner except for periodical funds given by the State Govt for smooth functioning of the university.
Except for receiving periodical funds, there is no control of the State government over the said establishment. Further, HNLU does not impart free education and it is charging a substantial amount as fees from the students who are taking education from the University. Thus, under no circumstance, can the university be said to be an office of the Central government or for that matter of the State government nor can the use of the vehicle be said to be for government purpose when the accident occurred, the High Court concluded.
Based on the same, the High Court allowed the appeal filed by ICICI Lombard and ordered that the insurance company can recover from HNLU, the compensation amount paid to the claimant.
HNLU has now appealed to the Supreme Court against this High Court judgment.
When the matter was taken up today, the Court remarked that a judgment of Supreme Court squarely states that University is “State”.
It, therefore, said that it will hear the matter and issued notice to the respondent. Advocate Binay Kumar Das accepted notice on behalf of respondent.
Can University be considered State? Supreme Court notice in Petition by HNLU
Can a University be considered an
office of Central government or State government for fixing
responsibility under Motor Vehicles Act, 1988. The Supreme Court will
decide this issue in a petition filed by Hidayatullah National Law University(HNLU).
A Bench of Justices NV Ramana and Ajay Rastogi said that it will hear the matter and issued notice to Insurance Company ICICI Lombard.
Advocates Aniruddha P Mayee and Selvin Raja appeared for HNLU.
The case concerns a motor accident death
caused by a vehicle belonging to the HNLU. One Vineet Shrivastava, was
hit by Motor Vehicle Bus owned by HNLU. The Motor Accidents Claims
Tribunal awarded a compensation of Rs.10,81,700 to the claimants. While
passing the award, the Tribunal fastened the liability upon the driver,
owner (HNLU) and insurer (ICICI) of the vehicle jointly and severally.
ICICI preferred an appeal to the
Chhattisgarh High Court against the MACT judgment. The appeal of the
insurance company was mainly on two grounds. First, that the vehicle
belonging to HNLU did not have valid permit at the time of accident to
operate the Bus as a passenger carrying vehicle and secondly, the driver
of offending vehicle did not have proper licence at the time of
accident.
Therefore, it was submitted that the
insurance company should be exonerated of its liability and the
liability should have been fastened upon the owner and driver of the
vehicle.
On the issue permit, the question before
the High Court was surrounding Section 66(3) of the Motor Vehicles Act.
As per the said Section, any transport vehicle owned by the Central
Government or a State Government and used for Government purposes
unconnected with any commercial enterprise, is exempted from the
requirement of having a permit.
Thus, the question before the High Court
was whether the University can be considered State so as to avail the
exemption under Section 66(3) of the Motor Vehicles Act.
The High Court noted that HNLU was
established under an Act of the State government known as Hidayatullah
National University of Law Chhattisgarh, Act, 2003. Be that as it may,
the High Court proceeded to observe that HNLU is an autonomous body
being run and maintained by an independent body not connected and
controlled by the State government in any manner except for periodical
funds given by the State Govt for smooth functioning of the university.
Except for receiving periodical funds,
there is no control of the State government over the said establishment.
Further, HNLU does not impart free education and it is charging a
substantial amount as fees from the students who are taking education
from the University. Thus, under no circumstance, can the university be
said to be an office of the Central government or for that matter of the
State government nor can the use of the vehicle be said to be for
government purpose when the accident occurred, the High Court concluded.
Based on the same, the High Court
allowed the appeal filed by ICICI Lombard and ordered that the insurance
company can recover from HNLU, the compensation amount paid to the
claimant.
HNLU has now appealed to the Supreme Court against this High Court judgment.
When the matter was taken up today, the
Court remarked that a judgment of Supreme Court squarely states that
University is “State”.
It, therefore, said that it will hear
the matter and issued notice to the respondent. Advocate Binay Kumar Das
accepted notice on behalf of respondent.
Supreme Court judgments to be made available in Regional Languages Bar & Bench July 3 2019
Judgments of the Supreme Court of India will soon be available in six Indian languages. As per news reports, Hindi, Telugu, Assamese, Kannada, Marathi and Odia translations of Supreme Court judgments are set to be introduced on the Court's website by the end of the month.
To this end, Chief Justice of India Ranjan Gogoi is reported to have formally cleared a software indigenously developed for the purpose by the Supreme Court's “in-house” electronic software wing.
The move to make Supreme Court judgments multi-lingual is reportedly credited to a 2017 conference held in Kochi, during which President Ram Nath Kovind highlighted the need to render judgments in regional languages for the benefit of non-English speakers.
CJI Gogoi is said to have commenced working with the Supreme Court Registry to make available Supreme Court judgments in regional languages the same year. The six regional languages named above were chosen for the initial phase based on the volume of appeals coming in from the High Courts of the states where these languages are spoken. It is reported that a similar exercise will be taken in the second phase as well.
It is further reported that, to begin with, regional language translations of matters relating to individual litigants in civil disputes, criminal matters, landlord-tenant issues and matrimonial discord will be undertaken.
A source has been quoted as explaining that,
"This is because the idea is to ensure that the judgment is easily understood by the litigant, who may not be conversant with English."
RGUHS to make Kannada compulsory subject
TNN | Jun 30, 2019, 10.04 AM IST
MANGALURU: From this academic year, the Rajiv Gandhi University of Health Science (RGUHS) is all set to introduce Kannada as a compulsory subject at the undergraduate level (medical, dental, nursing and others), for non-Kannada speaking students.
The 40-hour Kannada course aims to prepare students from other states to learn the language, to make it easy for them to converse with patients and others. Dr S Sacchidanand, vice-chancellor, RGHUS, told TOI that this is a 40-hour course which is compulsory for first-year students of MBBS, BDS, nursing and other courses taught at the university.
Explaining why the course was introduced, Sacchidanand, who was in Mangaluru to preside over a syndicate meeting, explained that about 25 per cent to 30 per cent of MBBS and BDS students, and almost 70 per cent of nursing students, who enrol for medical studies in Karnataka, are non-Kannadigas. "The RGHUS has specially prepared a book called 'Balake Kannada,' which contains language used to carry out day-to-day business in Kannada. Apart from it, students will also be given a Kannada-English dictionary for learning more words," said Dr Sacchidanand. When asked, whether there will be an exam conducted on the subject, he replied in the affirmative.
Dr H S Ballal, pro chancellor, MAHE, said it's a good move, and will help medicos in interacting with patients who cannot speak English or Hindi. MAHE has similar language classes for its students, and various languages are taught to them, he said. There are also interpreters during practical examinations, he added. Sakshi Paul K, a third-year MBBS student, who hails from Delhi, and is studying in Mangaluru, said that knowing the local language has its advantages. "Being in the medical line, patients feel more comfortable talking to people who can talk in their mother tongue. It's difficult to communicate with hospital staff such as nurses, cleaners, relatives of patient and others if we don not know their mother tongue. Apart from it, even in day-to-day life, communicating with small shopkeepers, autorickshaw drivers and others, they prefer being friendly and more helpful to Kannada-speaking folk instead of those like us, who do not speak the language," he said.
According to Madhu, who is an MBBS, it's a good idea for students from outside the state to learn Kannada. "You need to know Kannada to converse with patients here in Karnataka, and can't practise medicine without knowing the language. Most candidates studying in medical colleges here don't speak Kannada, so it will be very useful for them."
