Friday, November 8, 2019

ரூ.200க்கு பதில் ரூ.500 வாரி வழங்கிய ஏடிஎம்: குஷியில் குவிந்த வாடிக்கையாளர்கள்

By DIN | Published on : 08th November 2019 09:51 AM 

சேலம் மாவட்டம் ஓமலூர் அருகே எஸ்பிஐ ஏடிஎம் இயந்திரம் ஒன்றில் ரூ.200க்கு பதில் ரூ.500 வந்ததால் வாடிக்கையாளர்கள் குழியில் போட்டி போட்டு பணம் எடுத்துள்ளனர்.

சேலம், ஓமலூர் பண்ணப்பட்டியில் எஸ்பிஐ வங்கிக்கு சொந்தமான ஏடிஎம் மையம் உள்ளது. இங்கு நேற்று மாலை சுமார் 5 மணியளவில் இருந்து ரூ.200க்கு பதில் ரூ.500 வந்துள்ளது. இதனால் குஷி அடைந்த வாடிக்கையாளர்கள் போட்டி போட்டுக்கொண்டு பணம் எடுத்துள்ளனர்.

தகவல் அறிந்து விரைந்து வந்த வங்கி அதிகாரிகள் பணம் மாறி வந்த ஏடிஎம் மையத்திற்கு பூட்டு போட்டனர். ரூ.200 வைக்க வேண்டிய ரேக்கில் ரூ.500 வைக்கப்பட்டதே பணம் மாறி வந்ததற்கான காரணம் என்றும், பணத்தை மாற்றி வைத்த தனியார் நிறுவனமே பண இழப்புக்கு பொறுப்பு என வங்கி அதிகாரிகள் தெரிவித்தனர்.
Supreme Court Monthly Roundup – October 2019

Case BriefsSupreme Court (Monthly Roundup)

 
Published on November 1, 2019


 By Prachi Bhardwaj

TOP NEWS

AYODHYA HEARING| 40-days hearing comes to an end; Verdict reserved

The Court had, though, initially set October 18 as the deadline for completion of all arguments in the protracted land title dispute. If speculations are to be believed, the Ayodhya verdict will be out by mid-nov.

“Can’t treat all of them as a liar”: SC while partially setting aside the 2018 SC/ST Act verdict

The 3-jduge bench of Arun Mishra, MR Shah and BR Gavai, JJ has held that some portions of the verdict in Dr Subhash Kashinath Mahajan v. State of Maharashtra, 2018 SCC OnLine SC 243 were against the concept of protective discrimination in favour of down­trodden classes under Article 15(4) of the Constitution and also impermissible within the parameters laid down by this Court for exercise of powers under Article 142 of Constitution of India.

In a big blow to the Telecom Sector, SC refuses to change AGR definition

The definition of revenue has been taken in a broad, comprehensive, and inclusive manner to pose fewer problems of interpretation, and exclusion of certain items was avoided.

Land Acquisition Hearing| Why Justice Arun Mishra said his recusal would be a grave blunder

Recusal is not to be forced by any litigant to choose a Bench. It is for the Judge to decide to recuse. if he recuses, it will be a dereliction of duty, injustice to the system, and to other Judges who are or to adorn the Bench/es in the future.

INX MEDIA CASE|SC grants bail to P. Chidambaram

Being the Member of Parliament and a Senior Member of the Bar has strong roots in society and his passport having been surrendered and “look out notice” issued against him, there is no likelihood of his fleeing away from the country or his abscondence from the trial.

SC sets aside Delhi High Court stay on proceedings against Gautam Khaitan under Black Money Act

Setting aside the Delhi High Court order any staying any action against Gautam Khaitan in a case relating to the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, the 3-judge bench of Arun Mishra, MR Shah and BR Gavai, JJ said that the interim order passed by the High Court is not sustainable in law.

Poll Affidavit Case| SC quashes clean chit; Maharashtra CM Devendra Fadnavis to face trial

A contesting candidate is mandated to furnish information concerning the cases in which a Competent Court has taken cognizance along with the cases in which charges have been framed. 


MORE NEWS

Aarey Forest Politics| Forest Bench to hear the matter on Oct 21; status quo to be maintained

The Special Bench was constituted to hear the plea against the cutting of trees in Mumbai’s Aarey colony for the city’s metro rail project after a group of law students wrote to Chief Justice Ranjan Gogoi seeking Supreme Court’s intervention in the matter and the cutting of trees to be suspended immediately.

Women who missed 2018 Bihar Police PET due to pregnancy should be considered for appointment

It was brought to the Court’s notice that the total number of ladies who claimed extension of PET on the basis of pregnancy or injuries is stated to be 78 in all, out of which 73 are on account of pregnancy.

Online RTI Portal| SC seeks Centre’s response on Pravasi Legal Cell’s plea

The Court has asked the Centre and State Governments to file reply on a plea seeking direction to establish Right to Information(RTI) web portals in all states to enable citizens, especially those living abroad, to file RTI applications online.

Bhima Koregaon case| SC extends Gautam Navlakha’s interim bail

The two-judge bench headed by Justice Arun Mishra allowed him to approach trial court for pre-arrest bail. Navlakha has to apply for pre-arrest bail in the meantime.

State Legislature cannot enact a law providing a direct appeal to the Supreme Court

State cannot enact a legislation providing an appeal directly to the Supreme Court. That would amount to entrenching upon the jurisdiction of the Union, which the State Legislature does not have.

Geomapping is the answer to the increasing menace of illegal construction

Geomapping can be done by satellite, drones or vehicles. Once one has the whole city geomapped it would be easy to control illegal constructions.

SC quashes trial against a man in a sexual assault case of a 6-year-old

The involvement of other persons on the statement of the child of impressionable age does not inspire confidence that the appellant is liable to be proceeded under Section 319 of the Code. In fact, it is suggestive role of the family which influences the mind of the child to indirectly implicate the appellant.

Mere change of address in IT return is not enough; Assessing Officer must be specifically intimated

In absence of any specific intimation to the Assessing Officer with respect to change in address and/or change in the name of the assessee, the Assessing Officer would be justified in sending the notice at the available address mentioned in the PAN database of the assessee, more particularly when the return has been filed under E­Module scheme.

SC transfers Assam NRC coordinator Prateek Hajela to MP on deputation

The Court has ordered the transfer of Assam NRC coordinator, Prateek Hajela, to Madhya Pradesh on deputation. The bench headed by Chief Justice of India (CJI) Ranjan Gogoi, however, did not specify the reason, behind transferring Hajela to Madhya Pradesh.
IN OTHER NEWS

President signs a warrant appointing Justice Sharad Arvind Bobde to be the 47th Chief Justice of India


Read more at Education Medical Dialogues: Appearing for NEET PG 2020: View Exam pattern here 

 https://education.medicaldialogues.in/neet-pg-2020-exam-pattern/

Read more at Education Medical Dialogues: Appearing for NEET PG 2020: View Exam pattern here https://education.medicaldialogues.in/neet-pg-2020-exam-pattern/
Rape & murder of a 10-year-old & her brother: SC refuses to review it’s 2:1 verdict awarding death sentence

Case Briefs  Supreme Court

 
Published on November 7, 2019By Prachi Bhardwaj

Supreme Court: In a ghastly case involving rape and murder of 2 children, the 3-judge bench of RF Nariman, Surya Kant and Sanjiv Khanna, JJ has refused to review their verdict in Manoharan v. State, (2019) 7 SCC 716, upholding the conviction of the accused. In the said judgment, the bench had unanimously upheld the conviction, but gave 2:1 verdict on quantum of punishment.

While Nariman and Surya Kant, JJ awarded death penalty, Khanna, J did not think that this case was fit for a death penalty and hence, commuted it to imprisonment for life i.e. till convict’s natural life with a stipulation that he would not be entitled to remission under Sections 432 and 433 of the Code of Criminal Procedure, 1973. 


FACTUAL BACKGROUND
In October 2010, accused Mohanakrishnan & Manoharan kidnapped a 10-year-old girl & her 7-year-old brother while they were preparing to leave for school.


The children were taken to a remote area and rape was committed on the girl.


Attempt was made to kill both the children by feeding them poisonous cow dung powder mixed in milk. However, the children took only a small amount of the milk and didn’t die.


The children were then thrown away alive in the Parambikulam-Axhiyar Project canal.


Both the accused were arrested but Mohanakrishnan was later shot dead in an encounter. 


MITIGATING FACTORS CONSIDERED BY THE COURT IN THE REVIEW PETITION

Lack of adequate opportunity to place on record material/evidence of mitigating circumstances

After re-visiting the mitigating circumstances against aggravating circumstances, as well as a report commissioned by this Court during the course of appeal and submitted by the jail superintendent, the Court held that the conduct of the Petitioner is merely satisfactory and he has not undertaken any study or anything else to show any signs of reformation.

Backward socioeconomic circumstances

There is nothing to support the arguments that the accused is a helpless, illiterate young adult who is a victim of his socioeconomic circumstances. Far from being so, it is clear through the version of events that the accused had the presence of mind to craft his own defence and attempt to retract his confession through an elaborately written eleven page letter addressed to the Magistrate and had further received adequate legal representation.

Remorse

Accused’s advocate argued that the retraction letter shows that he stopped the co-accused from committing rape and this is evident of the fact that he has remorse which entitles him to commutation, if not acquittal. The Court, however, held that the retraction was extremely belated and only a defence to shield himself. Further, medical evidence has proved that rape was committed on the deceased girl. It is hence factually incorrect to state that the Petitioner prevented the co-accused from raping the girl and is nothing more than a belated lie at the end of the trial.

Young age and aged parents

Mere young age and presence of aged parents cannot be grounds for commutation. Such young age poses a continuous burden on the State and presents a longer risk to society, hence warranting more serious intervention by Courts.

Criminal Record

The Court refused to give leeway of the lack of criminal record, considering that the current crime was not just one offence, but comprised of multiple offences over the series of many hours.

The bench held that the present case is essentially one where two accused misused societal trust to hold as captive two innocent school-going children, one of whom was brutally raped and sodomised, and thereupon administered poison and finally, drowned by throwing them into a canal. It was not in the spur of the moment or a crime of passion; but craftily planned, meticulously executed and with multiple opportunities to cease and desist.

Nariman and Surya Kant, JJ, hence, held

“We are of the view that the present offence(s) of the Petitioner are so grave as to shock the conscience of this Court and of society and would without doubt amount to rarest of the rare.”

While Khanna, J agreed with his learned brothers on the dismissal of review petition and upholding of the conviction of the accused, on the question of sentence, he held,

“I do not see any good ground and reasons to review my observations and findings in the minority judgment.”

[Manoharan v. State, REVIEW PETITION (CRL.) NOS. 446-447 OF 2019, decided on 07.11.2019]
உயர் கல்வி நிறுவனங்களில் ரொக்க பரிவர்த்தனைக்கு தடை

Added : நவ 07, 2019 23:25

சென்னை: அனைத்து கல்லுாரி மற்றும் பல்கலைகள் போன்ற உயர் கல்வி நிறுவனங்களில், ரொக்க பண பரிவர்த்தனைக்கு தடை விதிக்கப்பட்டுள்ளது.

நாடு முழுவதும் உள்ள, வர்த்தக நிறுவனங்கள், வங்கிகள் மற்றும் அரசு நிறுவனங்களில், நிதி பரிவர்த்தனைகளை, 'ஆன்லைன்' வழியாகவும், மின்னணு முறையிலும் மேற்கொள்ள வேண்டும் என, மத்திய அரசு உத்தரவிட்டுள்ளது.

இதை பின்பற்றி, அனைத்து கல்லுாரிகள் மற்றும் பல்கலைகளுக்கு, பல்கலை மானிய குழுவான, யு.ஜி.சி., சார்பில் சுற்றறிக்கை அனுப்பப்பட்டுள்ளது. அதில் கூறியிருப்பதாவது:கல்லுாரிகள் மற்றும் பல்கலைகளில், ரொக்க பண பரிவர்த்தனைகளை மேற்கொள்ள வேண்டாம். தேர்வு கட்டணம், கல்வி கட்டணம், மாணவர் சேர்க்கை கட்டணம் உள்ளிட்டவற்றை, 'ஆன்லைன்' வழியே பெற வேண்டும்.அதேபோல், பல்கலையின் உள்கட்டமைப்பு மற்றும் பராமரிப்பு செலவுகள் உள்ளிட்ட அனைத்தையும், 'டிஜிட்டல்' வழியிலேயே மேற்கொள்ள வேண்டும்.இவ்வாறு, அதில் கூறப்பட்டுள்ளது.
திருக்குறள் சொல்லுங்க பிரியாணி மெல்லுங்க

Added : நவ 08, 2019 01:36 |

திண்டுக்கல், :நவ.14-ம் தேதி குழந்தைகள் தினம் கொண்டாடப்படுகிறது. அன்று குழந்தைகளின் சிந்தனையை துாண்டும் வகையில் திண்டுக்கல்லை சேர்ந்த முஜிப் பிரியாணி கடை புதுமை போட்டியை அறிவித்துள்ளது. அதன்படி திருக்குறள் ஒப்பிக்கும் 133 குழந்தைகளுக்கு இலவசமாக அரைபிளேட் பிரியாணி வழங்கப்பட உள்ளது.

உரிமையாளர் ேஷக்முஜிபுர் ரஹ்மான் கூறியதாவது: ''மெய்ப்பொருள் காண்பதறிவு'' என்ற தலைப்பில் இளைய தலைமுறையின் சிந்தனைக்கு வித்திடும் வகையில் நவ.14 அன்று 'குழந்தைகள் தின பிரியாணி'யை அறிவித்துள்ளோம். இக்காலத்திற்கேற்ப 5 நிமிடங்களில் 5 திருக்குறளை ஒப்புவிக்க வேண்டும்.ஒன்று முதல் 8 ம் வகுப்பு வரையான மாணவர்களே பங்கேற்கலாம். வெற்றி பெறும் குழந்தைக்கு அரை பிளேட் சிக்கன் பிரியாணி வழங்கப்படும். நடுவர்களாக 5 தமிழாசிரியர்கள் பங்கேற்கின்றனர். குழந்தைகள் பள்ளிக்கு செல்வதால், மாலை 4:00 மணிக்கு மேல்தான் போட்டி நடைபெறும், என்றார்.
Got 3 Neet impersonation complaints: CBI

DECCAN CHRONICLE. | J STALIN

PublishedNov 8, 2019, 2:01 am IST

In response to the same, Srinivasan referred to the communication received from the CBI dated November 6, 2019.

Madras high court.

Chennai: The CBI has informed the Madras high court that it has received three complaints relating to Neet impersonation and other malpractices and the two complaints from Chennai have been referred to the Medical Council of India and Union Ministry of Health and Family Welfare and the other complaint received from Cochin, Kerala is under scrutinisation of the CBI.

K.Srinivasan made the submission when the appeal filed by S.Dheeran, an aspiring medical students, which sought to set aside an order of a single judge, dismissing his petition, challenging the selection process for the 207 seats that got reverted to the management quota owing to not getting filled up under the NRI quota, came up for hearing before a division bench comprising Justices N.Kirubakaran and P.Velmurugan on Thursday.

The bench had on November 4 directed K.Srinivasan, counsel for CBI to verify as to whether CBI has got any complaint with regard to impersonation or other malpractices in the NEET examination to get admission in the medical colleges in other states.

In response to the same, Srinivasan referred to the communication received from the CBI dated November 6, 2019 and submitted that the Chennai Zone of CBI has received two complaints from Chennai and one complaint from Cochin, Kerala. As far as the two complaints received from Chennai were concerned, they have been referred to the MCI and Union Ministry of Health and Family Welfare and the complaint received from Cochin was under scrutinisation of the CBI, he added.

Recording the same, the bench said Special government pleader J.Pothiraj submitted that so far 16 students who have failed to give fingerprints to the CBCID would be giving their fingerprints before November 8 and the same will be informed to this court on the next date of hearing. Assistant solicitor general G.Karthikeyan has filed an affidavit by the Under Secretary, Ministry of Health and Family Welfare. The same was taken on file. He further assured that in the next hearing he will submit as to whether the Ministry of Health and Family Welfare has received any complaint regarding malpractice in NEET examination, including impersonation or not, the bench added.

The bench said M.Velmurugan, counsel for the appellant submitted that the appellant has obtained 303 marks, whereas except seven students the other students who have got admission under the surrendered NRI lapsed quota to the private medical colleges have got marks lesser than the petitioner. One of the candidates who was admitted under NRI lapsed quota got 107 marks only and therefore, he submitted that there was no transparency in the admission under NRI lapsed quota and the private medical colleges have not followed the guidelines as laid down by the Supreme Court in Dar-Us-Salam Educational Trust case, while admitting the students in medical colleges. V.P.Raman, counsel appearing on behalf of MCI submitted that they will get proper instructions so that this kind of problems would not arise in future, the bench added.

The bench said it was brought to the notice of this court that the names of the candidates who were alleged to have impersonated have also been sent to Dr.M.G.R.Medical University for registration. However, Abdul Saleem, counsel appearing on behalf of the Selection Committee submitted that the names of the students who were alleged to have impersonated have been deleted from the list. The same was recorded, the bench added.

The bench said since the selection committee has sent the selected candidates for registration to Dr.M.G.R.Medical University, it was also a necessary party to this proceedings and hence this court suo motu impleads the Registrar, Tamil Nadu Dr.M.G.R.Medical University as party respondent to this proceedings.

D.Ravichander, counsel takes notice on behalf of the newly impleaded respondent. He assures that on the next date of hearing, he will produce the list of candidates sent by the selection committee, the bench added and posted to November 21, further hearing of the case.
3 plaints of NEET fraud: CBI
The complaints from Chennai had been referred to Medical Council of India (MCI) and Union Health Ministry.

Published: 08th November 2019 05:44 AM

By Express News Service

CHENNAI: The Central Bureau of Investigation told the Madras High Court on Thursday that its Chennai zone has received two complaints from Chennai and one from Kochi alleging impersonation in NEET.

The complaints from Chennai had been referred to Medical Council of India (MCI) and Union Health Ministry. The one from Kochi is under scrutiny of CBI, its counsel told a division bench of Madras High Court comprising Justices N Kirubakaran and P Velmurugan when a PIL petition from K Dheeran of Coimbatore praying for a directive to government to undertake proper counselling and mop-up procedure to fill-up 207 management quota seats available due to non-filling of NRI quota seats, came up again.

Assistant Solicitor-General G Karthikeyan filed an affidavit of Union Health Ministry, which was taken on file by the bench. He also assured that in the next hearing he will submit as to whether the Union Health Ministry had received any complaint of malpractice in NEET, including impersonation.

Counsel representing various medical colleges and universities submitted that they would obtain the fingerprints of the left out students and forward the same to the authority concerned, soon. Advocate M Velmurugan submitted that his client had obtained 303 marks, whereas except seven students, the other students, who had got admission under the surrendered NRI lapsed quota to the private medical colleges, had got marks lesser than his client.

One of the candidates who was admitted under NRI lapsed quota got only 107 marks and therefore, Velmurugan alleged there was no transparency in admission under the quota and private medical colleges had not followed guidelines as laid down by Supreme Court.MCI’s senior counsel VP Raman submitted he will get proper instructions so that this kind of problem will not recur.

It was also brought to the notice of judges that the names of candidates, who were alleged to have impersonated, had also been sent to Dr M G R Medical University for registration. However, selection panel counsel Abdul Salem told court that names of students who were alleged to have impersonated had been deleted from the list. The matter has been adjourned till November 21.

NEWS TODAY 09.07.2026