Tuesday, March 2, 2021

Property registrations drop further due to model code for polls

Property registrations drop further due to model code for polls

Yogesh.Kabirdoss@timesgroup.com

Chennai:02.03.2021 

Property registrations have plunged after the model code of conduct for the April 6 state assembly election came into force, with sub-registrar offices in the city and its peripheries reporting a significant drop on Monday compared to last month. Revenue through property registrations was facing a deficit of ₹809 crore in 2020-21 over 2019-20. February 2021 recorded a revenue of ₹1,386.6 crore, the highest in the past11 months.

Registration department data shows that the Selaiyur sub-registrar office, under Chennai South, barely had 60 registrations against a daily average of 300. Of this, only 10 were land registrations. The office at Red Hills, under Chennai North, had just 65 registrations on Monday against a daily average of 120-140.

“Most of the documents registered pertained to memorandums of deposit of title deeds, gift deeds and settlement deeds,” an official said.

People with more than ₹50,000 in cash must show receipts for the source of money when stopped by surveillance teams of the Election Commission of India. Unaccounted money would be seized.

From April 2020 to February 2021, property registrations netted revenue of ₹9,313 crore, a decrease of ₹809 crore over the ₹10,122 crore netted from April 2019 to February 2020. But, the registration department remains hopeful that ₹900 crore will be generated in March. “Revenue will reach ₹10,200 crore by the end of 2020-21,” a senior official said. The contribution of Chennai zone, comprising the city, Chengalpet, Kancheepuram and Tiruvallur districts, to the TN’s total revenue fell by 9% this year from the average of 44%.


ELECTION EFFECT: Footfalls have dropped in registrar office in the city. (In pic) Sub-registrar office at Tambaram

Daughter of Jeppiaar, 4 more booked for cheating his wife

Daughter of Jeppiaar, 4 more booked for cheating his wife

TIMES NEWS NETWORK

Chennai:02.03.2021 

The Central Crime Branch (CCB) of police has booked five people including former employees of late educationalist Jeppiaar for stealing documentsof hiswifeRemibai’s land in Sriperumpudur and pledging it for ₹5 crore.

Police registered a case against former personal secretaries of Jeppiaar S Jose, of Perumbakkam, and S Justin, of Kanyakumari, A Muralidharan of Nandanam, S Francis of T Nagar, and B Sheela, daughter of Jeppiar andRemibai.They were booked under IPC sections 405 (criminal breach of trust), 468 (forgery) read with 34 (criminal acts done by several people with common intention) and 120(B) (criminalconspiracy).Afterpreliminary inquiries, police said Sheela, a former trustee of the education trust, was behind the fraud and made Jose and Justin steal the documents and pledge them to Francis for ₹5 crore.

Police booked the five after N Kannan, who held power of attorney for Remibai, lodged a complaint that Jose and Justin had stolen the documents and amassed wealth worth crores while drawing a monthly salary of ₹75,000 with the support of Sheela.

Nurse: One of the memorable days of my life

Nurse: One of the memorable days of my life

Bosco.Dominique@timesgroup.com

Puducherry:02.03.2021 

“Are you using a thicker needle? Politicians are usually thick-skinned,” Prime Minister Narendra Modi joked with nurse P Niveda who administered the Bharat Biotech-manufactured Covaxin to him at the All-India Institute of Medical Sciences, New Delhi, on Monday.

The 28-year-old from Puducherry said the Prime Minister praised her saying he did not feel the jab. “The Prime Minister wished us and asked where we were from. The moment I said I am from Puducherry he said ‘Vanakkam’. He then cracked a joke asking whether we settled for a stronger needle as politicians are usually thick-skinned,” said Niveda, who did her nursing degree from Jipmer in Puducherry, where her father is an ambulance driver.

“I joined AIIMS three years ago. Today is one of the memorable days in my life. My colleague from Kerala Rosamma Anil and myself got the opportunity to administer Covid vaccine to our Prime Minister. We took photos with him. Our PM has set an example to prove that India’s vaccine is safe and highly efficient and to encourage others to take the vaccine,” she said.

The Prime Minister was kept under observation for 30 minutes after vaccination. He will get the second dose after 28 days. Niveda’s father Palanisami said she aspired to pursue medicine or nursing. “She joined nursing in Jipmer. After completing the course, she worked in a private hospital in Puducherry before joining Jipmer as a project nurse on contract basis. Three years ago, she was selected by AIIMS,” said Palanisamy, who joined Jipmer 33 years ago. “I am from Karaikal I joined Jipmer as a driver in 1988. I will retire in November next year. I am proud of my daughter,” he said.

In live-in relationship, sex does not become rape: SC Even Women Should Not Promise To Marry And Break Away: CJI


In live-in relationship, sex does not become rape: SC

Even Women Should Not Promise To Marry And Break Away: CJI

Dhananjay.Mahapatra@timesgroup.com

New Delhi:  02.03.2021 

The Supreme Court on Monday said in a prolonged live-in relationship, consensual sex between a couple could not be categorised as rape if the man failed to keep his promise of marriage to the woman.

“Making a false promise to marry is wrong, Even a woman should not promise to marry and then break away. But that does not mean in a prolonged live-in relationship, the sexual intercourse would be categorised as rape,” a bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian said.

The case related to two call centre employees who were in a live-in relationship for five years. The man finally married another woman, leading to the spurned lover slapping rape charges against the man and accusing him of indulging in sexual intercourse on the false promise of marriage.

Appearing for the man, senior advocate Vibha Datta Makhija said if consensual sex in a live-in relationship between two adults could result in rape charges, which invariably leads to arrest of the man, it would set a dangerous precedent. The complaint's counsel Aditya Vashishth said the man had displayed to the world that they were living as husband and wife and had married the complainant in a temple but had wriggled out of the promise after brutally assaulting the woman and extorting money.

When Makhija said there was a “habitual” aspect to the complainant and alleged that she had done the same to two other men, the bench said using the word “habitual” for rape survivors was impermissible under law. Makhija said she was aware of the sensitivity of the issue but termed the complainant's allegations false.

The bench protected the man from arrest for eight weeks and asked him to find out from trial proceedings whether the prosecution was able to produce evidence to substantiate rape charges. “It is a good case for you to seek discharge from the trial court,” the bench said while disposing of the man's petition.

In 2018, the SC in two successive judgments had held that if a woman was voluntarily in a live-in relationship, it would be difficult to categorise sexual intercourse as rape. In Shivashankar alias Shiva vs Karnataka on April 6, 2018, the SC had said, “It is difficult to hold that sexual intercourse in the course of a relationship which has continued for eight years is 'rape', especially in the face of the complainant's own allegation that they lived together as man and wife.”

Full report onwww.toi.in


The bench protected the man from arrest for eight weeks and asked him to find out from trial proceedings whether the prosecution was able to produce evidence to substantiate rape charges

‘Varsities can’t refuse change of name requests’

HC ON DEGREE CERTIFICATES

‘Varsities can’t refuse change of name requests’

Mahir.Haneef@timesgroup.com

Kochi:02.03.2021

A university cannot refuse to change a student’s name in degree certificate, citing the reason that application for such change was filed after conferment of the degree, the high court said.

Disagreeing to the contention put forward by Indira Gandhi National Open University (IGNOU), Justice Anu Sivaraman said request for changing name in degree certificate should be considered if documents evidencing the name change are in order.

The court was considering a petition by Mathew Anil Parakkal of Chalakkudy through advocate Jeena Joseph. While the degree certificate had the name ‘Mathew Anil’, the petitioner wanted to change it to ‘Mathew Anil Parakkal’.

IGNOU contended that as per a notification issued in January, application for change of name will be entertained only before the degree is awarded.

In the judgment, the court said, “Having considered the contentions advanced, I find that the petitioner has submitted the request before the IGNOU for recording a change in his name which has already been effected through corrections carried out in all relevant documents including the birth certificate, school records, Aadhaar card as well as PAN card. The petitioner has taken out paper publication of the change of the same as well. In the above factual situation, I am of the opinion that the refusal to consider the request on the ground that it was made after the conferment of the degree is completely unjustified.”

IGNOU was ordered by the court to consider the application and correct the name if the documents produced are in order.

Court: IGNOU should consider the request if the documents evidencing the name change are in order

Monday, March 1, 2021

'Will You Marry Her?' Supreme Court Asks Man Accused Of Raping Minor; Grants Him Protection From Arrest

'Will You Marry Her?' Supreme Court Asks Man Accused Of Raping Minor; Grants Him Protection From Arrest

LIVELAW NEWS NETWORK1 March 2021 3:27 PM

Bombay High Court POCSO Judgment

The Supreme Court on Monday asked a 23-year old man, who stands accused of raping a minor girl when she was aged around 16 years, whether he will marry her.

A bench headed by the Chief Justice of India was hearing a special leave petition filed by the man, who is now a government servant in Maharashtra, against an order of the Bombay High Court(Aurangabad Bench) which cancelled his anticipatory bail(Case : Mohit Subhash Chavan v State of Maharashtra).

"Will you marry her?", CJI SA Bobde asked the petitioner's lawyer when the matter was taken.

"I will take instructions", Advocate Anand Dilip Langde, petitioner's lawyer responded and sought a pass over. The lawyer submitted that his client was a government servant who will be suspended from service if arrested in the case. The petitioner, Mohit Subhash Chavan, presently aged 23 years, was accused of raping a 16 year old girl during 2014-15.

"You should have thought before seducing and raping the young girl. You know you are a government servant", the CJI replied.

"We are not forcing you to marry. Let us know if you will. Otherwise you will say we are forcing you to marry", the CJI added.

When the case was taken again after other matters, the lawyer informed that marriage was not possible as the petitioner had married someone else. The lawyer added that the petitioner initially wanted to marry her but she refused.

After that, the bench dismissed the petition giving him liberty to seek regular bail. The bench, also comprising Justices AS Bopanna and V Ramasubramanian, also granted the petitioner protection from arrest for four weeks.

The FIR against the petitioner was lodged in 2019 under Sections 376, 417, 506 of the Indian Penal Code and under Sections 4 and 12 of the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act") by the girl.

The girl alleged that during 2014-2015, when she around 16 years of age and was studying in the ninth standard, the accused used to stalk her. Since he was her distant relative, he used to keep coming to her house. She further alleged that during that period, he clandestinely entered into the house from a backside door and committed rape on her. He also threatened her of consequences if the incident was disclosed. She further alleged that even thereafter he continuously stalked her and threatened her. She alleged that he used to come frequently to her house and used to have sexual intercourse.She has also stated that sometimes, he used to use contraceptive. Since she was afraid, she never disclosed this fact to anybody.

It was further alleged that when she tried to lodge a police complaint with the help of a social worker, the mother of the accused dissuaded her from it saying that she will accept her a as a daughter-in-law. She further alleged that the petitioner once got executed a writing on a stamp paper from her illiterate mother,stating that there was an affair between the two and with her consent, they both had indulged in sex. It was promised that he will marry her after she attained majority.

However, the accused backtracked from his promise and married someone else.

After the accused was granted anticipatory bail by the Sessions Court, the girl approached the Bombay High Court seeking its cancellation.

In the order cancelling his anticipatory bail, the Bombay High Court observed that the accused had sexually exploited the girl for a sufficiently long period.

"One can easily conclude that going by the allegations respondent No.2(the accused) has sexually exploited the applicant for a sufficiently long period, since she was around 16 years of age. The papers of investigation would further corroborate the applicant's version about execution of a writing on a stamp paper of Rs.500/-. Respondent No.2 and his family seem to be so influential that they could get executed this writing from the applicant and her widowed mother. The very fact that they could get such writing executed is indicative and is sufficient to infer that respondent No.2 had indulged in sex with the applicant even when she was merely 16 years of age. Pertinently, this writing also bears his signature and signature of his mother".

The High Court even went to the extent of saying that the Sessions Court's order granting bail was "atrocious". The Sessions Court observed though the girl was a minor, she was of "sufficient maturity" as she "has with meticulous details mentioned about use of contraceptive" by the accused.

Taking strong exception to the "lack of sensitivity" shown by the Sessions Court, Justice Mangesh S Patil of the High Court observed:

"The approach of the learned Judge from such a reasoning clearly shows his utter lack of sensitivity in such serious matters. Inspite of having noted that the applicant was still a minor when respondent No.2 had sexually exploited her and inspite of observing that her consent would be immaterial,he has concluded that it was a consensual relation. Astonishingly, merely because she has mentioned in the FIR about use of contraceptive by respondent No.2, the learned Judge has jumped to the conclusion that she was having sufficient maturity. The height is committed by the learned Additional Sessions Judge even to record an observation that there is a possibility of false implication of respondent No.2. Such an approach is a clear indication that the learned Judge utterly lacks competence. It is indeed a matter which deserves a serious consideration"

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