Monday, October 26, 2009

Gujarat HC annuls Christian's marriage with Hindu

HC annuls Christian's marriage with Hindu

Saeed Khan, TNN 25 October 2009, 02:57am IST

AHMEDABAD: A city-based Christian boy, who wanted to divorce his Hindu wife, was horrified to find that his marriage with her did not stand at all!

Nilesh Narin married Kashmira Banker as per Hindu rituals in April 2002 and they were blessed with a child the following year. However, Kashmira deserted Nilesh in 2006, which made him approach the Ahmedabad family court claiming that his wife was married to one Ashish Surti in 1998 which was still valid when he married Kashmira.

Therefore, the court should declare his marriage with Kashmira void. To his surprise, the court held that their marriage was not legal at all and there was no question of declaring it void on grounds that Nilesh gave.

Kashmira contested the case and proved in court that she had already divorced her first husband before marrying Nilesh. But at the end of the case, Nilesh came out of the court in March this year dejected, when the judge concluded that the court cannot declare the marriage void the way he wanted.

The family court judge held that the marriage could not be considered legal and valid as per Hindu Marriage Act, because one of them was not a Hindu during marriage.

Nilesh then moved Gujarat High Court to declare his marriage void.

His counsel cited an Andhra Pradesh High Court’s order holding that a marriage between a Christian and a Hindu taken place as per Hindu rituals is ‘void ab initio’ and therefore a nullity, which was also upheld by the Supreme Court.

After hearing the case, a division Bench of Justice RM Doshit and Justice SD Dave observed that such a marriage is void as per law and the family court should have declared it annulled.

The High Court finally declared the marriage as void.

Courtesy_

Friday, October 23, 2009

Kidney removed in postmortem, HC awards Rs 10L compensation

Kidney removed in postmortem, HC awards Rs 10L compensation

New Delhi: The Delhi High Court on Monday awarded Rs ten lakh in compensation to a woman whose husband's kidney was illegally removed during his postmortem.

The removal of kidney from the deceased's body came to light when a second postmortem was conducted on the plea of the wife of the deceased. After going through both reports, the court found that in first postmortem report the doctor had mentioned that only a portion of kidney was taken from the body for chemical examination while the second report said the left kidney was missing.

"The doctor who conducted postmortem on the dead body of a person is expected to be a fair person as full faith is reposed on him by the family members. This faith is shattered by such instances where an organ is totally removed by the doctor who conducted the postmortem," Justice Aruna Suresh said while directing the Centre to pay compensation.

The Bench passed the order on a petition filed by the wife of deceased Ajai Kumar, an armyman, seeking a fresh investigation into the death of her husband who had allegedly committed suicide in Jammu and Kashmir.

"I find it a fit case where the Respondent(government) should compensate the petitioner for their own wrongs committed while conducting postmortem on the body of the deceased. Respondents are directed to pay Rs 10 lakh as damages/compensation to the petitioner within three months," the court said.

Courtesy_

Wednesday, October 14, 2009

School to pay Rs 8.5L to four in abuse case: HC

School to pay Rs 8.5L to four in abuse case

TNN 13 October 2009, 04:43am IST

NEW DELHI: The Delhi High Court on Monday directed the Delhi Public School Society (DPSS) to pay Rs 8.50 lakh as compensation to its four former women employees for removing them from their jobs and failing to take action against a school principal who sought sexual favours from them.

Justice S Ravindra Bhat declined to grant any relief to U S Verma, the then principal of DPS Faridabad, who had challenged findings by National Commission for Women for "strong action'' against him following complaints made by the four victims.

The court asked the school society to pay Rs 2.5 lakh each to three teachers and Rs 1 lakh to a non-teaching staff, even as it faulted the society for its failure to take any action against the principal and give relief to the four women.

On June 29, 1999, the NCW had, in its inquiry report, asked the DPSS to act against Verma, finding substance in the charges of sexual harassment filed by the four women. Instead of acting upon NCW's recommendations, DPSS set up a one-member committee a day later on June 30, 1999, to look into the allegations.

The victims had alleged Verma sought sexual favours for regularization of their services. When they declined to humour him they were removed from their jobs in 1998, the complainants alleged.

During their probation between 1996 to 1998, Verma used to send memos to them accusing them of dereliction of duties, they had alleged in the petition.

HC concluded that the society had erred in constituting its own committee to probe the complaints as it was against the guidelines laid down by the Supreme Court in the Vishakha judgement. HC also held the society liable for making the women wait endlessly for justice and therefore, asked them to cough up compensation.

Courtesy_

Landlord can get tenant evicted to start own business: SC

Landlord can get tenant evicted to start own business: SC

PTI

A tenant can be evicted if the landlord wants to start his own business even in a field in which he or she has no prior experience, the Supreme Court has ruled.

A bench of Justices Markandeya Katju and Asok Kumar Ganguly has held that if a landlord has a bonafide need of his rented premises for starting a new business and is able to prove his claim convincingly, he cannot be denied the privilege.

It is not necessary that a person to succeed in business must have prior experience in the particular field as even a rookie can succeed, the apex court said.

“We are of the opinion that a person can start a new business even if he has no experience in the new business.

That does not mean that his claim for starting the new business must be rejected on the ground that it is a false claim.

“Many people start new businesses even if they do not have experience in the new business, and sometimes they are successful in the new business also. Hence, we are of the opinion that the High Court should have gone deeper into the question of bonafide need and not rejected it only on the ground that Giriraj (the petitioner’s son) has no experience in footwear business,” the court said.

The bench made the observation while allowing the appeal of landlord and petitioner Ram Babu Agarwal challenging the rulings of the Madhya Pradesh High Court.

The High Court, while interpreting Section 13(6) of the Madhya Pradesh Accommodation Control Act, 1961, had concurred with the trial court’s view that the owner, a cloth merchant, could not evict the tenant Jay Kishan Das since his plea that the premises were required to enable Giriraj start a footwear business appeared to be false.

The two courts below were of the view that since the owner had an experience only in running a cloth business, his plea for taking over the premises to start footwear business did not appear to be a bonafide claim as neither he nor Giriraj had prior experience in the field.

Aggrieved Agarawal moved the apex court which rejected the reasoning of the two lower courts.

“For the reasons given above, we set aside the impugned judgements of the High Court and the trial court on the question of bonafide need and remand the matter to the trial court only to decide the issue of bonafide need afresh.

Parties may lead fresh evidence on their pleadings and the trial court shall decide the matter expeditiously thereafter.

“The appeal is allowed on the question of bonafide need only to the extent indicated above,” the bench said in its order.

Courtesy_


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This Blog Spot is meant for publishing landmark judgments pronounced by the Court of law as we collected from the renowned Dailies, Magazines, etc., so as to create an awareness to the general public and also to keep it as a ready reckoner by them. As such the readers may extend their gratitude towards the Original Author as we quoted at the bottom of each Post under the title "Courtesy". Furthermore, the Blog Authors are no way responsible for the correctness of the materials published herein and the readers may verify the concerned valuable sources.



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