Page 169 - Law Crime
Challenge to arbitral award on policy ground only in exceptional circumstances, says SC
Challenge to an arbitral award on the ground of public policy of India can be made only in very exceptional circumstances when the "conscience of the court is shocked" by violation of principles of justice, the Supreme Court has said. A bench comprising Justices R F Nariman and Vineet Saran said this in a judgement in which the court dealt with issue related to section 34 of the Arbitration and Conciliation Act, 1996. The section deals with application for setting aside arbitral award and the grounds on which a court may do that. The Act says that an award is in conflict with "public policy of India" if the making of the award was induced or affected by fraud or corruption or was in violation of two other provisions of the law. "However, when it comes to the public policy of India argument based upon 'most basic notions of justice', it is clear that this ground can be attracted only in very exceptional circumstances when the conscience of the court is shocked by infraction of ...
Officials in US, Europe charge 10 in malware attacks
Ten people have been charged in connection with malicious software attacks that infected tens of thousands of computers and caused more than $100 million in financial losses, US and European authorities announced Thursday. The malware, which enabled cyber criminals from Eastern Europe to take remote control of infected computers and siphon funds from victims' bank accounts, targeted companies and institutions across all sectors of American life. Victims included a Washington law firm, a church in Texas, a furniture business in California and a casino in Mississippi. The defendants come from six nations and several are awaiting prosecution in Europe. An 11th defendant in a related case was extradited to the US from Bulgaria in 2016 and pleaded guilty last month in federal court in Pittsburgh, where Thursday's case was brought. The charges include conspiracy to commit computer fraud, conspiracy to commit wire and bank fraud and conspiracy to commit money laundering. Though the Justice ..
Man held for assaulting two ticket checkers
A 20-year-old man was Thursday arrested for allegedly assaulting two ticket checkers (TCs) at Kopar railway station in the district, following an argument over producing a ticket, police said. The accused was identified as Kisan Parmar, a resident of Kopar, they said. "Two TCs- Bhanu Pratap Yadav and Janardan Valvi- were checking the tickets of passengers at Kopar station on Thursday. The accused, whom they spotted on the platform, was also asked to show his ticket," Satish Pawar, inspector of Government Railway Police (GRP), Dombivli, said. "However, Parmar refused to show his ticket to them and tried to escape from the spot. However, the TCs managed to catch hold of him. Parmar then started abusing the TCs and assaulted them," the official said. Some policemen, who were present there, rushed to the spot and nabbed the accused, who was later arrested. He was booked under IPC sections 353 (assault or criminal force to deter public servant from discharge of his duty), 332
Sweet shop managing director held for cheating job aspirants
The managing director of a leading sweet shop here was arrested Thursday for allegedly cheating job aspirants in his shop of Rs 30 lakh, police said. TSR Balachandran had advertised seeking to fill managers and accountants posts in his shop and a large number of youth and retired persons applied, the police said. He allegedly collected between Rs 30,000 and Rs one lakh from nearly 160 aspirants and did not offer them the jobs, they said. When the victims approached him, Balachandran allegedly threatened them of dire consequences, they added. Based on complaints, he was arrested, the police said.
India's state forensic labs expanding infrastructure on back of rising demand for DNA Testing
Led by Delhi and Maharashtra, India's forensic laboratories have managed to reduce pendency of DNA testing cases by a 50 per cent national average. While Delhi has eliminated most of its case backlog, Maharashtra is upgrading facilities across regions like Aurangabad and Amravati as a response to the ever-increasing demand for DNA testing from law enforcement agencies and courts.In the north, Delhi was facing a pendency of 9,000 DNA testing samples in 2017 but with concrete steps to upgrade infrastructure and manpower, the state FSL has managed to eliminate most of its backlog in over a year.Similarly, in the western region, Maharashtra has been working on reducing a backlog that stood at 1,700 DNA cases in 2017 - a majority of which are related to sexual offences against women & children. The state receives 4,500 cases of DNA analysis in a year with demand increasing by nearly 20 per cent annually and is expected to extend DNA testing facilities from presently five to all its ..
HC asks Delhi govt to place before Cabinet need for more fast track, commercial courts
Taking note of the pendency of sexual assault and business dispute cases, the Delhi High Court Thursday directed the Delhi government to place before the Cabinet the requirement for 18 more fast track and 22 commercial courts. A bench of Chief Justice Rajendra Menon and Justice A J Bhambhani said the high court had sanctioned certain posts of judges for establishing fast track and commercials courts but the matter has been pending before the government for over two years. "Once the high court made the demand, government is duty bound to process it," the bench observed. The court was informed that as on day, 6,414 cases under the Protection of Children from Sexual Offences (POCSO) Act and over 2,800 cases of sexual offences, particularly rape, are pending in Delhi. It noted that the mandate of Section 309 CrPC contemplates that cases of rape under the IPC and of sexual offences against minors under the POCSO Act should be decided in two months after the filing of the charge ...
Uttarakhand girl facing matricide charges found dead
A teenaged girl, who was recently arrested for allegedly murdering her mother, was found dead at a rehabilitation centre here in Uttarakhand, police said on Thursday.
Indian man charged in UAE for assaulting compatriot woman; leaving permanent injury
A 22-year-old Indian man in the UAE has been charged with causing permanent injury by stomping on the face and abdomen of compatriot woman, causing her deformity and constant pain, according to a media report. The incident happened on March 24 last year when the accused visited the 36-year-old victim's home and had a quarrel, the Khaleej Times reported on Wednesday. The victim said she had known the accused for some time as they studied and attended the same classes, the paper quoted her as saying during the trial in the Dubai Court of First Instance. "He would sometimes come to my place to study together. At 8pm on the day of the incident, while he was at my place, we had a quarrel. He then assaulted me by punching me on the left cheek. After I fell down, he placed his foot on my neck and stomped on my face and abdomen," the paper reported. Following the incident, the accused took the victim to the hospital promising that he would settle up Dh25,000 in hospital treatment ...
Russian tourist dies of suspected sunstroke in Hyderabad
: A Russian national on a tourist visa to the country died at a state-run hospital here of suspected sunstroke, police said Thursday. Alexander, aged over 40, had come here a few days ago from Goa and on Tuesday afternoon some locals alerted the police about a foreign national lying unconscious near a building. A police official said he took the foreigner to a nearby hospital from where he was shifted to a state-run hospital and underwent treatment for sunstroke symptoms, but died Tuesday night. The police official established the foreigner's identity after examining his digital camera and found pictures of a shooting scene of an upcoming Telugu film for which he was engaged for a few scenes. The official said he has informed Alexander's friend in Goa about the incident. A case was registered and the body was being preserved at the hospital.
SC to hear plea of Muslim woman against talaq notices
The Supreme Court on Thursday agreed to hear a Muslim woman's plea challenging the two Talaq notices given by her husband and sought direction for registration of FIR against him. A bench of Justices Indira Banerjee and Sanjiv Khanna said it will hear the plea on Friday. Advocate M M Kashyap, appearing for the woman, said that her husband after nine years of marriage has given her two notices for Talaq in March and May. He said the woman got married on February 22, 2009 as per Muslim rites and customs and has two children of nine years (boy) and six years (girl). The bench asked the counsel as to why he did not move the high court for the relief. To this, the counsel said that apex court had on August 17, 2017, held the practice of triple talaq among Muslims as unconstitutional and the notices given by the husband were violative of that order. The woman, a Delhi resident in her plea has said that her husband and in-laws started harassing and assaulting her after the marriage for want .
SC seeks replies from Centre, CBSE & NCTE on plea for 10 pc reservation for EWS in CTET 2019
The Supreme Court Thursday sought responses from the Centre and CBSE on a plea seeking 10 per cent reservation for economically weaker sections in the Central Teacher Eligibility Test (CTET), 2019. Besides the Centre and the Central Board of Secondary Education (CBSE), a vacation bench comprising Justices Indira Banerjee and Sanjiv Khanna also issued notice to the National Council for Teacher Education (NCTE) and asked them to respond to the petition by July 1, the next date of hearing. The bench was hearing a plea filed by six petitioners, who are aspiring to participate in CTET 2019 and are seeking a direction that benefits of 'The Constitution (103rd amendment) Act 2019' be extended to those belonging to the economically weaker sections (EWS) of the society. The amendment Act took effect on January 16. Under the amended Act, the Centre has provided for a 10 per cent reservation to citizens from general category belonging to EWS, in addition to already existing reservation policy ...
Five held with drugs worth Rs 1cr in UP
Police Thursday seized drugs worth Rs 1 crore from a truck here and arrested five people, a senior officer said. Acting on a tip-off, a police team raided a truck stationed outside a restaurant here and recovered 2004 kg toda post, Superintendent of Police Ajay Kumar told reporters here. He said the contraband was being smuggled from Haryana and five men have been arrested in this connection. According to Circle Officer Rajesh Tiwari, a case has been registered under the Narcotic Drugs and Psychotropic Substances Act against the accused persons, who are being interrogated.
Man held with revolver, live cartridges in Jammu
A man was arrested after he was found carrying a revolver and live cartridges here on Thursday, officials said. Anil Sharma alias Kali, a resident of Jammu's Bhagwati Nagar, tried to flee when he saw a police team on checking duty at Digiana Pulli here, they said. The personnel nabbed him and found in his possession a revolver and and 12 live cartridges, the officials said. An FIR has been registered in the case under the Arms Act at Gandhinagar police station and further investigation is underway, they said.
Court records statement of complainant in defamation case against Kejriwal
A special court in Delhi on Thursday recorded the statement of complainant Rajesh Kumar and two witnesses in a connection with an alleged objectionable comment posted by Delhi Chief Minister Arvind Kejriwal against BJP workers on Twitter.Additional Chief Metropolitan Magistrate Samar Vishal was hearing the defamation complaint filed by Kumar against Kejriwal for posting the alleged tweet on September 30, 2018.The matter is now slated to be heard on June 1.In his petition, the BJP's legal cell convenor submitted that he was shocked and surprised after seeing a tweet in which Kejriwal had allegedly said that "BJP members keep roaming and raping Hindu girls around the country".Kumar alleged that Kejriwal had said, "Bhajpa ke neta poore desh mein Hindu ladkiyon ka rape karte ghoomte hain" in his tweet."Mr Kejriwal has successfully dented the reputation of the complainant in particular and his party," the complaint, moved through counsel Saurabh Kansal, stated.Kumar said that he wanted to .
Kevin Spacey accuser allowed to remain anonymous
A federal US judge has allowed a massage therapist to remain anonymous as he pursues a sexual assault lawsuit against disgraced actor Kevin Spacey.
Drug peddler arrested in Jammu, over 72 kg poppy seized
A suspected drug peddler was arrested here after 72.5 kg poppy was found in his vehicle during a routine checking, police said Thursday. The vehicle was intercepted at TCP Nagrota here on Wednesday night, they said. The driver, identified as Farooq Ahmed, a resident of Anantnag district, was arrested after the poppy was found in the vehicle, officials said. A case has been registered and an investigation is underway, they said.
Only rape victim's testimony not always reliable: HC
The Bombay High Court has quashed and set aside the conviction of a 19-year-old man in a rape case, holding that only the testimony of the victim cannot always be considered as adequate evidence. A single bench presided over by Justice Revati Mohite-Dere held that the victim's testimony in such cases must be cogent and reliable. And if such testimony did not "inspire confidence", then the man deserved to be given the benefit of doubt, she said in her order. Justice Mohite-Dere passed the judgement in the case last month, but the details of her order were made public only earlier this week. She was hearing an appeal filed by Sunil Shelke, a resident of a village in Maharashtra's Thane district. Shelke had challenged a 2014 order of a local court that convicted him for the offence of rape and sentenced him to seven years' imprisonment. As per the petition, the alleged incident took place in March 2009. According to the victim, while everyone in her village was celebrating Holi, Shelke ..
SC to hear plea filed by triple talaq victim tomorrow
The Supreme Court today agreed to hear on Friday a plea of a Muslim woman challenging the Talaq given to her by the husband violation of Supreme Court judgement on Triple Talaq.32-year old Ruby had approached the top court to declare the Talaq issued by her husband illegal.The woman said her husband had thrown her out of the house and issued two notices of Talaq in a violation of the top court's judgement and Triple Talaq ordinance.A Bench of Indira Banerjee and Justice Sanjiv Khanna said it will hear the case on Friday after the woman's counsel mentioned the matter for urgent hearing.Speaking to ANI, the petitioner Ruby Mansoori said, "I request the court to give me justice. Talaq that was given by my husband is illegal. I should be allowed to stay back with him. Where will I go with my kids?"The 32-year-old alleged that her in-laws used to thrash her for not giving dowry. "They demanded Rs 5 lakh and a car from me, but when I failed to provide it, they threw me out of the house on ..
Bike-borne assailants snatch chain from woman in South-West Delhi
Bike-borne assailants tactfully snatched a woman's chain in Delhi's Inderpuri area on May 13, CCTV footage from the area revealed.The woman, identified as Roza, had gone for a morning walk in the area when the unidentified men forcefully grabbed onto her and snatched her chain.In the CCTV footage of the incident, the woman can be seen walking while a bike with two men passes by. After crossing the lady, one of the two men can be seen getting off the bike and pacing towards the lady.Footage of the incident showed Roza, who works as an HR manager in an MNC, trying to resist the attempt, but to no vain. In an attempt to save herself, Roza can be seen trying to push the man away while the other criminal encircles the two on his bike.Despite attempts to resist the crime, the miscreants fled the spot on a bike while the woman, lying on the ground, screamed for help.Delhi Police ACP said a case has been registered under section 379 of the Indian Penal Code and investigation is underway to ...
Man strangulates his three-and-a-half-year old daughter to death
A 30-year old man was arrested for allegedly strangulating his three-and-a-half-year daughter to death as he suspected that his wife was having an extra-marital affair and did not want his child to grow up under her influence, police said Thursday. The man - Malkit Singh - who had a stressful relationship with his wife, later tried to hang himself but could not succeed. Singh lived with his wife and daughter at a rented house in Udai Vihar, which comes under the Nihal Vihar police station. The incident took place on the intervening night of Tuesday and Wednesday. The couple were suspected to be under the influence of alcohol although a medical report is awaited. Police said the couple fought even before the incident. A case was registered and the accused father was arrested, Seju Kuruvilla, DCP (Outer) said. Singh and his wife often fought as he suspected that she was having an-extra marital affair. Fed up with constant fights, the couple had initially planned to end their life and ...