Legal News at Vakilno1.com

N. D. Tiwari gets contempt of court notice

New Delhi,  The Delhi High Court Tuesday issued a contempt notice to veteran Congress leader N.D. Tiwari for defying its order directing him to give his blood sample in a paternity suit filed by 32-year-old man claiming to be his son.

Justice Geeta Mittal, referring to her Sep 23 judgment in which she had termed Tiwari’s refusal to submit the blood sample “wilful, malicious, unreasonable and unjustified”, issued the notice, returnable for Feb 14.
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Court stops probe against Chandy in palmoil case

Kochi,  The Kerala High Court Tuesday asked the vigilance court investigating if Chief Minister Oommen Chandy, then finance minister, had any role in the 1992 palmoil import case to stop any further probe.

A single bench of Justice K.T.Shankaran gave the order on a petition from senior bureaucrat and an accused in the case Jiji Thompson, who pleaded that his promotions have been hampered in the case going on for years.

The judge asked for all the records of the vigilance probe and posted the next hearing in the case for Oct 17.
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Court stays warrants against CBI officers

New Delhi,  The Delhi High Court has stayed bailable warrants against two senior officers of the Central Bureau of Investigation (CBI).

The warrants were issued by a special CBI court for failing to respond to summons and not appearing before it.

The Rohini CBI special court wanted senior CBI superintendent of police Ganesh Verma and CBI deputy legal adviser Sunder Lal to explain why the agency had failed to produce witnesses in a criminal case in August.
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Assam court finds MBBS admission criterion irrational

Agartala,  The Gauhati High Court has found the Medical Council of India (MCI) eligibility criterion for MBBS aspirants from the scheduled castes and tribes “irrational and in violation of Article 14 of the Indian Constitution“, officials said Sunday.

According to MCI regulations, MBBS aspirants from these categories must secure at least 40 percent marks in the combined competitive examinations or joint entrance examinations (JEE). The union health ministry and the MCI had earlier refused to further relax the criterion for northeastern tribes and scheduled caste students.

A senior Tripura health department official said around 31 MBBS seats were lying vacant in the government-run medical college in Agartala and in the Tripura quota in other states because no student secured the minimum in the JEE this year in the state.
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Tiwari’s refusal to give DNA sample unjustified: Court

New Delhi, The Delhi High Court Friday said Congress leader N.D. Tiwari cannot be “physically compelled” to give DNA sample in a paternity suit by a man claiming to be his biological son, but his refusal is “malicious and unjustified”.

Justice Gita Mittal said: “The defendant (N.D. Tiwari) cannot be physically compelled or be physically confined for submitting a blood sample for DNA profiling to implement the judgment passed on Dec 23, 2010.”

“It is further held that Tiwari’s refusal to submit the blood sample is willful, malicious, unreasonable and unjustified,” she said.
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Rs.10 lakh relief for Sep 7 blast victims: Court

New Delhi,  The Delhi High Court Wednesday directed the central and Delhi governments to pay compensation of Rs.10 lakh each to the families of those killed and those permanently incapacitated in the Sep 7 blast at the Delhi High Court here.

A division bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna said the compensation amount “should be equally shared by the (two) governments”.

The bench also said that those who suffered grievous injuries should be given Rs.3 lakh each. It also announced compensation of Rs.20,000 for minor injuries.
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Court wants to know progress in missing nurse’s case

Jodhpur, Rajasthan High Court Tuesday issued notice to the state government seeking details of the investigation so far into the disappearance of a nurse, who allegedly features in a CD showing her in a compromising position with a state minister.

The notice was issued a day after Bhanwari Devi’s husband, Amarchand, filed a petition in the court over the failure of the police to trace her.

“A division bench of Justice Sageet Raj Lodha and C.M. Totla, while issuing notice to home secretary, inspector general of police (Jodhpur) and superintendent of police (Jodhpur rural) has asked the investigation officer to be present in court with the case diary on Sep 22,” Amarchand, told IANS.

Amarchand, who has threatened self-immolation, said he had to approach the court as police have failed to find Bhanwari Devi, an auxiliary nurse and midwife, even over 20 days after she was reported missing.
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Supreme Court to rule Sep 29 on Hasan Ali’s bail

New Delhi, The Supreme Court Tuesday reserved for Sep 29 its order on the centre’s plea seeking cancellation of the bail granted to alleged money launderer Hasan Ali Khan, who is described as the country’s top tax evader.

Justice Altamas Kabir and Justice S.S. Nijjar reserved the order after hearing arguments from the two sides.

Hasan Ali, who is being investigated by the Directorate of Enforcement under the Prevention of Money Laundering Act for allegedly stashing away money in tax havens, was granted bail by the Bombay High Court Aug 12.

The Supreme Court Aug 16 stayed the Bombay High Court order.

High court refuses to stay graft case against Chautala

New Delhi, The Delhi High Court Monday refused to stay proceedings of a Central Bureau of Investigation (CBI) special court, which has framed charges against former Haryana chief minister Om Prakash Chautala in a graft case.

The court refused to stop proceedings in the lower court while hearing Chautala’s petition for quashing a police complaint against him allegedly for owning assets worth Rs.6 crore exceeding his legal income.

Justice Ajit Bharihoke, meanwhile, deferred hearing on the plea till Jan 11, 2012.
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Systematic endeavour to defraud railways, observes court

New Delhi,  Dismissing a minor boy’s fraudulent claim for compensation for injuries allegedly sustained after falling down from a train, the Delhi High Court ordered action against him for making a false claim and also observed that the railway claims tribunal act was being misused.

Justice Valmiki J. Mehta said: “It is high time that this practice of filing fraudulent claims against the railways… is looked into very strictly, though, of course, in those limited number of cases where it is ex-facie clear that a fraud is sought to be perpetrated on the railways.”

“I am noticing that many cases are coming up before this court where it is more than amply clear that there is a systematic endeavour to defraud the railways because of the enactment and implementation of the Railway Claims Tribunal Act, 1987, which provides for statutorily fixed compensation in case of an untoward incident,” he said.
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