Expert explains

Despite pressure exerted by the first wife, the issue of an heirship certificate was stalled upon an appeal by the second wife.

Published: 18th February 2020 06:55 AM |

By Justice K Chandru

Express News Service

CHENNAI: A former government official with two wives passed away recently. Despite pressure exerted by the first wife, the issue of an heirship certificate was stalled upon an appeal by the second wife. The estate of the deceased is presently managed by the first wife and the second wife is in a dire strait, since the deceased died intestate. Is there a remedy for the second wife to claim her fair share of the estate including the family pension that the deceased
entitled to?

— R Viswanathan, Chennai

A government servant cannot have two wives living. The second marriage even under the Hindu law is invalid. Even for a Mohammaden government servant, he has to seek prior permission for his second marriage. Therefore, the second living wife will get nothing from the government. The recent judgment of the Madras High Court is erroneous. However, the learned judge found that the first wife died and the second person in the life of the government was though a living relationship, a presumption of marriage was made by the judge to grant relief.

I am selling a piece of land for a certain value to a buyer who pays through a bank loan. He says that approximately sixty per cent of the agreed loan amount will be sanctioned and it will be paid on the date of sale and the balance amount will be paid by issuing post-dated cheques within six to eight months from the period of sale. Can I register a sale deed with the actual value and mentioning the paid draft amount through loan and the post-dated cheques issued by him? The registrar wouldn’t have any issue with the registration process, as I am going to mention the sale value and the payment method in the sale deed.

—Murali R, Chennai

On the day of registration, full consideration should have been passed on to the property owner
without which the registration will not be done.The registrar will have to make an endorsement that consideration admitted by the seller. Your stand will make the document as ‘agreement to sell’ and not a sale deed.

Justice K Chandru is a former judge of the Madras High Court

@expertexplains@gmail.com

Passengers from Singapore advised home quarantine for two weeks

Feb 18, 2020, 04.29 AM IST

Coimbatore: With the number of COVID-19 cases increasing to 75 in Singapore as of Monday, the health department has begun asking all visitors from Singapore to home quarantine themselves for at least two weeks.

While people with flu symptoms are strictly told to stay indoors for 28 days and be monitored, those without symptoms are also told to stay home and avoid public places for at least two weeks. Every day, close to 80-100 people fly into the city from Singapore.

Meanwhile, many Coimbatorians who have booked tickets and trips to Singapore in February and March, are desperately calling helplines and travel agents, trying to get at least a portion of their trip refunded or rescheduling their tickets and bookings.

Many of them stand to lose close to Rs 1.2 lakh each, because they are choosing to cautiously not travel now.

The Singapore tourism board has acknowledged the panic but maintains that their country and tourist attractions are open, and thus no refunds will be ordered.

The public health department on Monday confirmed that they have begun requesting even asymptomatic patients landing in the district from Singapore, to home quarantine themselves for two weeks, which will be incubation period for the virus. “Unlike passengers coming from China, where we compulsorily tell them to home quarantine themselves and carefully monitor them through the 28-day period, even without symptoms, we only request asymptomatic patients from Singapore to home quarantine themselves for two weeks,” said deputy director of public health, Dr Ramesh.

Patients who fly in after visiting and spending a few days in Singapore, and show symptoms of the flu, are told to home quarantine themselves for 28 days and if their condition gets more serious, to get tested for the virus. “Since cases in Singapore are rising, we have decided to closely monitor patients from Singapore who show symptoms of the flu while passing our thermal scanners,” said the deputy director.

“We are giving refunds only to passengers who have a travel history of China. The rest of Indian passport holders don’t get refunds, because neither the Indian nor Singaporean governments have issued travel restrictions between both countries,” said an agent of an airliner in the city.

TNOU VC tells students to use mobiles judiciously

TNN | Feb 18, 2020, 04.43 AM IST

Madurai: Students should use mobile phone judiciously as it can spoil their future if misused, said K Parthasarathy, vice-chancellor of Tamil Nadu Open University.

Speaking after taking part in the Art Expo organized under Happy Schooling initiative for corporation school students at Maditssia on Monday, Parthasarathy said, “Mobile phones pose a grave threat to students and are potentially the most destructive equipment in their hands if they do not know to use it judiciously.” However, he clarified that it can be the best tool for education if students use it properly.

He also lauded the creativity of students and the way they explained their output.

Corporation commissioner S Visakan said that students should always aim to achieve big in life and should not get demotivated by their present status. Many eminent people in the society were students of government and corporation schools. HCL founder Shiv Nadar is an alumnus of a school run by the Madurai Corporation, he recalled.

“Once a goal is set, the mind will start working towards it subconsciously. In today’s world, competition is high and one has to work a lot in order to achieve success. Victory is awaiting those who run the extra mile than others and those who work towards their gold when others are sleeping,” Visakan said.A large number of students participated and displayed various items they had created from waste. The three best were selected and given prizes. Happy Schooling programme is jointly implemented by the Madurai Corporation, HCL foundation and M S Chellamuthu Trust and Research Foundation.

MKU CoE issued two charge memos over alleged wrongdoings

TNN | Feb 18, 2020, 04.47 AM IST

Madurai: The vice-chancellor (VC) of Madurai Kamaraj University (MKU), M Krishnan has issued two separate charge memos to the controller of examination (CoE), O Ravi seeking explanation regarding two incidents that raised questions of wrongdoing in the latter’s office.

On January 23, an unauthorised official from a distance education centre accessed the consolidated mark sheets of various centres in the office of the CoE. The VC had acted on a tip-off, nabbing the person in the act. “A charge memo was issued last week regarding this, seeking explanation about how the official managed to get in and in what capacity,” he said.

On Monday, a second memo was issued seeking explanation for the case of exam answer papers that had been lost and found. On February 6, when results of the exam conducted in November 2019 were supposed to be announced, the VC received information that a bundle carrying 138 exam answer papers had gone missing.

Later, on February 10, the staff found the missing answer papers under the seat of a bus, which is used to collect the papers. “The second memo was issued seeking explanation as to why the issue of the missing papers was reported only during the time of announcing results and was not brought to the attention of higher authorities earlier,” explained the VC.

Earlier, I Ismail, general secretary of the MKU Principals’ Association, had sought the suspension of the CoE and a directorate of vigilance and anti-corruption (DVAC) probe for allegedly collecting Rs 3 crore bribe from various distance education centre coordinators in Tamil Nadu and other states by distributing consolidated mark statements without collecting fees dues to the university.

TNPSC scam leaves AIADMK, DMK in heated debate in Assembly

18/02/2020, SPECIAL CORRESPONDENT,CHENNAI

The AIADMK and the DMK engaged in a heated debate in the Assembly on Monday over the malpractices in the Tamil Nadu Public Service Commission (TNPSC) examinations that occurred under their respective governments.

During the debate, Chief Minister Edappadi K. Palaniswami asked whether the DMK was willing to withdraw the cases on the basis of which orders were given by the court staying investigation into such malpractices during the last DMK regime between 2006 and 2011. He insisted that there was material evidence in the case.

The TNPSC scam was raised in the House by DMK MLA S. Sudharsanam, against the backdrop of the arrest of those involved in the Group IV and II examinations.

Certain remarks made by DMK Deputy Floor Leader Duraimurugan, Minister D. Jayakumar and DMK MLA S. Sudharsanam over the issue were expunged by the Speaker.

However, Minister for Personnel and Administrative Reforms D. Jayakumar listed out the actions taken by the CB-CID in connection with the current cases.

He then said that during the previous DMK government, the DVAC had conducted searches at the house of a former TNPSC Chairman. DMK Deputy Floor Leader Duraimurugan objected to this.

Intervening in the debate, the Chief Minister said Mr. Jayakumar only made a reference to the case to point out that such malpractices had happened in the past too.

“The DVAC conduced raids and there is some evidence that has been uncovered. They [DMK] have got a stay from the court,” Mr. Palaniswami said, adding he was not inclined to name those involved in the cases.

“We have all the details, if we have to speak more on this. But we think we won’t. If we wanted to, we could have brought it out long ago,” Mr. Palaniswami said.

As for the malpractices reported recently in the Group-IV and Group-II exams, he said appropriate action had been taken against the accused.

Pay back wages to former driver, MTC told

18/02/2020, SPECIAL CORRESPONDENT ,CHENNAI

The principal labour court, Chennai, has directed the Metropolitan Transport Corporation to pay back wages of about ₹2.14 lakh to a driver, whose services were terminated.

The court revised its earlier order directing the MTC to reinstate the driver after taking note of the fact that he caused two accidents.

C. Natarajan was working as a driver for more than 5 years, and was terminated by the management on May 28, 1994. He had earlier moved the labour court. It directed the MTC to reinstate the petitioner with continuity of service and all other attendant benefits, but without back wages in 2007. However, the MTC did not implement the award and Mr. Natarajan moved the labour court again for relief. In its response, the MTC said the driver had caused an accident in which a cyclist died on the spot. In his finding, the enquiry officer held that the charges were proved against the driver, it added. The services of the driver were terminated, considering public safety, the MTC added.

The first accident took place on June 19, 1991, and the second on June 6, 1993. The negligence of the driver was confirmed by the enquiry officer, it noted.

The court said that it took note of the fact that the services of the driver were terminated for causing two accidents. “Though an award has been passed in his favour for want of proof of negligence on his side, the facts are relevant for consideration of awarding bonus and other facilities, and therefore cannot be said to be automatic,” it noted. It also ruled that the driver was not entitled to any other benefits, and directed the MTC to pay the amount in 3 months, failing which it was liable to pay interest at the rate of 9% per annum.

Nirbhaya case: fresh death warrants issued for March 3

This is the third time the court is giving such orders

18/02/2020, SOIBAM ROCKY SINGH,NEW DELHI

A Delhi court on Monday issued fresh death warrants for March 3 at 6 a.m. against all the four convicts in the December 2012 Nirbhaya gang-rape and murder case.

All convicts are “to be hanged by the neck until they are dead on March 3, at 6 a.m.,” it said. The order was passed by additional sessions judge Dharmender Rana pursuant to pleas by Tihar Jail and the victim’s parents, seeking issuance of a fresh date to hang them.

This is the third time the court is issuing death warrants against Mukesh Kumar Singh, 32, Pawan Gupta, 25, Vinay Kumar Sharma, 26, and Akshay Kumar, 31.

The trial court had issued the first death warrants for January 22, which were later postponed to February 1.

On Monday, the court discharged Vrinda Grover as counsel for Mukesh after he asked for a change of his advocate. It then appointed legal aid counsel Ravi Qazi to represent him. Mr. Qazi, who is already representing Pawan, said Pawan wanted to move curative and mercy petitions.

The court was also informed by counsel for convict Akshay that in his earlier mercy petition, owing to poverty and ignorance, the complete facts could not be brought before the President, and he had prepared a fresh mercy petition that would soon be moved before the President.