Monday, December 30, 2013

Democracy in action !! Tamil Nadu government NOT taking action on fake ration cards as 2014 elections are near !!!!

Democracy in action ! Tamil Nadu  government is NOT taking action if fraudulent / false ration cards as the 2014 elections are near !!! 

There are approx 2 crore ration cards in Tamil Nadu , of late many officers have found fake / duplicate rations cards !!! Still no action taken as 

சென்னை: லோக்சபா தேர்தல் நெருங்கி வருவதால், போலி ரேஷன் கார்டுகள் மீது, எந்த நடவடிக்கையும் எடுக்க வேண்டாம்' என்று, துறை மேலிட உத்தரவால், அதிகாரிகள் தயங்கி வருகின்றனர்.

தமிழகத்தில், பொது வினியோக திட்டத்தின் கீழ், ரேஷன் கடைகளில், அரிசி இலவசமாகவும், சர்க்கரை, பருப்பு வகைகள், பாமாயில் உள்ளிட்ட பொருட்கள், மானிய விலையிலும் வழங்கப்படுகின்றன. தற்போது, அரிசி கார்டு, 1.84 கோடி, சர்க்கரை கார்டு, 10.49 லட்சம், போலீஸ் கார்டு, 62,354, எந்த பொருளும் வாங்காத, 'என்' கார்டு, 31,453 என, மொத்தம், 1.96 கோடி ரேஷன் கார்டுகள், புழக்கத்தில் உள்ளன. பொதுவாக, ஐந்து ஆண்டுகளுக்கு ஒருமுறை, ரேஷன் கார்டு வழங்குவது வழக்கம். தற்போது, புழக்கத்தில் உள்ள ரேஷன் கார்டு, 2005ம் ஆண்டு வழங்கப்பட்டது. அவற்றின் செல்லத்தக்க காலம், 2009ம் ஆண்டுடன் முடிவடைந்து விட்டது. பழைய கார்டில், உள்தாள் ஒட்டப்பட்டு, அவற்றின் செல்லத்தக்க காலம், 2014ம் ஆண்டு டிசம்பர் வரை நீட்டிக்கப்பட்டு உள்ளது. ஒரு நபர், ஒன்றுக்கு மேற்பட்ட இடங்களில், ரேஷன் கார்டு வைத்திருத்தல், ஒரு குடும்பத்தில், ஒன்றுக்கு மேற்பட்ட கார்டு இருத்தல், ஆய்வுக்கு வரும் போது, வீடுகளில் இல்லாமல் இருத்தல் உள்ளிட்டவை, தகுதியற்ற, அதாவது, போலி ரேஷன் கார்டுகளாக வரையறுக்கப்பட்டு உள்ளது.

சென்னையில், உணவு வழங்கல் துறை உதவி ஆணையர்களும், மற்ற இடங்களில், வட்ட, மாவட்ட உணவு வழங்கல் அதிகாரிகளும், ரேஷன் கார்டுகளை ஆய்வு செய்து, நடவடிக்கை எடுத்து வருகின்றனர். சென்னை புறநகர், திருவள்ளூர், காஞ்சிபுரம், மதுரை, திருச்சி, கோவை உள்ளிட்ட இடங்களில், அதிகளவில் போலி ரேஷன் கார்டுகள் உள்ளதாக, குற்றச்சாட்டு எழுந்துள்ளது. போலி ரேஷன் கார்டு மீது, அதிகாரிகள் நடவடிக்கை எடுத்தால், உள்ளூர் ஆளுங்கட்சி பிரமுகர்கள் எதிர்ப்பதால், ஆய்வுப் பணி தடைபடுகிறது. இந்நிலையில், அடுத்த ஆண்டு, லோக்சபா தேர்தல் நடக்க உள்ளதால், போலி ரேஷன் கார்டுகள் மீதான நடவடிக்கை, ஆளுங்கட்சி மீது அதிருப்தி ஏற்படுத்தும் என, கருதப்படுகிறது. இதையடுத்து, போலி ரேஷன் கார்டுகள் மீது நடவடிக்கையும் எடுக்க வேண்டாம் என, துறை மேலிடம், உணவு வழங்கல் அதிகாரிகளுக்கு, ரகசிய உத்தரவிட்டுள்ளது. இதனால், போலி ரேஷன் கார்டு மீது, நடவடிக்கை எடுக்க அதிகாரிகள் தயங்கி வருகின்றனர். உணவுத் துறை அதிகாரிகள் கூறுகையில், 'போலி ரேஷன் கார்டுகளால், அரசுக்கு ஆண்டு தோறும், பல கோடி ரூபாய் கூடுதல் செலவு ஏற்படுகிறது. ரேஷன் கடைகளுக்கு வரும் பொதுமக்களிடம், அதிக கெடுபிடி காட்ட வேண்டாம் என, உயரதிகாரிகள் உத்தரவிட்டு உள்ளனர். இதனால், என்ன செய்வது என, தெரியாமல் உள்ளோம்' என்றனர்.



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There is no law that accused remain present at court for cancellation of (ARREST) warrant !!. VERY useful judgement for husbands and parents / siblings !!

There is no law that accused remain present at court for cancellation of (ARREST) warrant !!. If the lawyer makes an application for cancellation of warrant, the same needs to be considered on merits by the learned Magistrate !!  VERY useful judgement for husbands and parents / siblings !!

Excerpts :

"....There is no law that the accused shall personally remain present for cancellation of warrant. If the lawyer makes an application for cancellation of warrant, the same needs to be considered on merits by the learned Magistrate without insisting the for appearance of the Applicant...."



Arunkumar N. Chaturvedi..Petitioner

Vs. The State of Maharashtra and Anr..Respondents

Mr.Rishi Bhuta,for the Petitioner.
Mr. A. R. Patil, APP,for the Respondent State. ;


DATE :­DECEMBER 24, 2013.

P. C.:

1 Heard the learned counsel Mr. Rishi Bhuta for the Petitioner and the learned Additional P. P. Mr. Patil, for the State of Maharashtra.

2 The Applicant is accused no.2 in Criminal Case No.1304/SS/2006 pending in the Court of Metropolitan Magistrate, 7th Court, Dadar for the offence punishable under Section 138 of Negotiable Instruments Act. ;

The warrant has been issued against the Applicant as he was absent on the date of hearing. The Applicant had applied for cancellation of warrant through his advocate. It is submitted that the application has been rejected by the learned Metropolitan Magistrate on the ground that the Applicant was not present when the application for cancellation of warrant was made before the Magistrate. ;

3 The judgments of Andhrapradesh High Court and Delhi High Court were cited before the learned Magistrate. The learned Magistrate without considering those judgments has stated that the said judgments were not binding upon him. ;

4 Since the Applicant was ready to appear before the Magistrate after cancellation of warrant and since there was reasonable apprehension in the mind of the Applicant that he might be put beyond the bars if he appeared before cancellation of warrant, the learned Magistrate should have considered the application on merits.

5 In my considered opinion, there is no law that the accused shall personally remain present for cancellation of warrant. If the lawyer makes an application for cancellation of warrant, the same needs to be considered on merits by the learned Magistrate without insisting the for appearance of the Applicant/accused. It is noted by this Court that many Writ Petitions are filed in this Court only because the learned Magistrate straight way take a view that warrant cannot be cancelled unless accused appears before the Court. The view taken by a few of the Magistrates particularly in the city of Bombay, in my opinion, is not correct. It is high time that this Court lets the Magistrate note that the appearance of the applicant/accused is not necessary when application for cancellation of warrant is made.

In the circumstances, I pass the following order:­

(I) The non­bailable warrant issued against the Applicant stands cancelled.

(II) The Applicant shall appear before the Trial Court on next date of hearing.

(III) The copy of this order shall be forwarded to the Chief Metropolitan Magistrate, Bombay for being circulated to all the Additional Chief Metropolitan Magistrate and Metropolitan Magistrate.

(IV) The Writ Petition stands disposed of.



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Husband says wife had 250 friends and obscene messages on Facebook !! Wife says dowry demand !!! Story of a beautiful life spoiled

Husband says wife had 250 friends and obscene messages on Facebook !! Wife says dowry demand !!! Story of a beautiful life spoiled 


MYSTERY: Newlywed wife claims 'dowry harassment' while husband sees 'obscene messages' in her Facebook account|Dec 30, 2013, 09:42:00 

New Delhi: Interacting with people on Facebook proved to be troublesome for a newlywed woman. At first, her husband threw her out of his home and then accused her. Though, in this case, the woman claimed that she was innocent and alleged her husband and in-laws. According to the woman, her in-laws are torturing and accusing her without any reason. The husband of the woman had objection on his wife talking to other people on the social networking site but the woman said that she only talked to her friends or family members. She does not talk to strangers on Facebook.
Looking at the Facebook profile of the woman, her husband came to know that she had 250 people in her friends' list. Also, some obscene messages and pictures are posted on her wall. When he asked about the friends' list to his wife, she explained that they are just her relatives and close friends. Thus, the husband tried to make her understand to stop using Facebook but when she did not listen, he asked her to leave the house.
The woman is a resident of Chandra Nagar in Moradabad area of Uttar Pradesh. She was married to a Ghaziabad based computer engineer a year ago. Everything was going well after a few days of marriage but then the Facebook incident started creating troubles in their relationship. On December 20, the newlywed accused her in-laws of dowry harassment. According to the woman, her husband used to doubt her without any reason. He had objection on her interacting with the relatives too, she said.
On the other side, the accused husband said that his wife has more than 250 friends on Facebook. He said one day when he opened her account, he was stunned. He read many obscene messages in her inbox. When he stopped her from using Facebook, she started fighting with him and went to her parental home. The woman claims that her husband and in-laws threw her out of the house.



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Sunday, December 29, 2013

Yeah when the whole complaint is false why not add a line saying "....they also asked for dowry standing next to my (girl's) house ????

It's become common to drag all dowry cases to a police station nearest to the girls house !!!! 

Yeah when the whole complaint is false why not add a line saying "....they also asked for dowry standing next to my (girl's) house ????

High Court declines to quash dowry harassment case trial

In a major ruling, the Madras High Court has declined to quash a case against a person working in abroad for allegedly subjecting his wife to cruelty. The petitioner contended that the Centre's prior sanction was required to conduct the trial against him as the offence was stated to have been committed in a foreign country.

Dismissing the plea, Justice P. Devadass said as the offence under Section 498-A (Husband or relative of husband of a woman subjecting her to cruelty) IPC was alleged to have been committed in India and also in the US, the Central government sanction to conduct the trial against the husband would not arise. The Judge directed the XVIII Metropolitan Magistrate here to proceed with the trial against the petitioner and his parents.

The wedding of Muralikrishna of Chennai who was employed in the US, took place in April 2010. In her complaint to police, the petitioner's wife alleged that from the day of marriage she was harassed for dowry.

The first part of her married life was in Chennai. The harassment continued in the US also. The criminal case was now pending against the petitioner and his parents.

Counsel for the petitioner contended that the alleged dowry demand was in the US. So, as per Section 188 Cr.P.C., sanction of the Central government was necessary to try the offence under Section 498-A IPC. Since no sanction had been obtained in the present case, the trial could not be conducted.

Counsel for the petitioner's wife said she was harassed in India and in the US. So, the Central government's sanction was not necessary to conduct the trial.

Mr.Justice Devadass said sanction was a condition precedent to conduct the trial with respect to offences committed outside India. In case if an offence was in India and it continued in a foreign country, Centre's sanction was not necessary. The petitioner had committed the alleged offence in India and also in the US. In such circumstances, requiring Centre's sanction to conduct the trial would not arise.



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Inspite of specific directions by the madras high court that parents are NOT to be arrested in dowry cases , police are said to be ON THE LOOKOUT for these senior citizens

Inspite of specific directions by the madras high court that parents are NOT to be arrested in dowry cases ,  police are said to be ON THE LOOKOUT for these senior citizens 

Obviously the husband and his parents have done what honest people have to do in india ... Ie run for their lives !!!!

Hubby, In-laws Escape After Dowry Plaint

A dowry harassment case was filed against a mechanical engineer and his parents following a complaint from his wife  at the All Women Police Station (AWPS) in Villianur on Friday.   

According to the complaint filed by Komala (26),an MBA graduate, her husband Santosh Kumar (33),father-in-law Arumugham (62), and mother-in-law Malarkozhi (56) had beaten her up and thrown her out of the marital house demanding dowry. They had told her not to return unless she brings `5 lakh from her parents, who reside in Kottakuppam, adjoining Puducherry, for construction of a house.

Komala got married to Santhosh in 2011 and had given birth to twins eight months ago. Her parents had given 30 sovereigns of gold and `1.5 lakh cash to the groom's family at the time of marriage.

Soon after the marriage, there had been persistent demands from her husband and in-laws to get money from her parents. She was subjected to continuous assault and in one such incident, she was hospitalised. After the incident, she had complained to the local fishermen panchayat and subsequently at the AWPS which led to police counselling the husband and in-laws and sorting out things.

However, after she gave birth to twins, the situation again came back to square one. She  was asked to get `5 lakh from her home and  thrown out of her house, with an ultimatum that she shouldn't return unless she has the money.

After the incident, she filed a complaint with the All Women Police Station in Villianur. Police registered a case under Dowry Prohibition Act and under various sections of IPC for harassment and assault, said AWPS sub inspector Thilagrani. Police said they are on the lookout of the three.



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4 magistrates take cognizance of 24000+ cases!; mostly civil disputes converted to criminal cases !!!! Madras HC blasts them !!! see how our lower courts are functioning !!!

4 magistrates take cognizance of approx 24000+ cases!; mostly these are civil disputes converted to criminal cases !!!! They take cognizance even outside their jurisdiction !! Matter goes to Madras HC vigilance cell & Madras HC blasts these Magistrates !!! see how our own lower courts are functioning !!!



DATED: 21/08/2008 


Crl.O.P. Nos.15451 and 15981 of 2008 

Common Order 

            Sensing the derailment of procedure established by law at the bottom level of the subordinate judiciary, in that,  some Judicial Magistrates, in collusion with complainant Bankers/Financial Institutions, are in the habit of  entertaining complaints relating to matters purely of civil nature and thereby, in abuse of judicial discretion and power, superabundantly passing orders under Section 156(3) Cr.P.C. for investigation of such matters by the police for the undue benefit of the financial institutions, and in some instances they are entertaining similar complaints by themselves under Section 200 Cr.P.C., vigilance enquiries were conducted and reports received and the complaints entertained by them came to be quashed by orders of this Court passed in a number of petitions filed under Section 482 of the Code of Criminal Procedure.

In spite of such reaction by this court and repeated directions to the Judicial Magistrates not to refer the complaints/matters of civil nature for police investigation, recently, while dealing with like matters, it has come to light that such illegal trend is still widely in vogue.  Since it was deeply felt that the issue relates to the propriety of the subordinate judiciary, by order dated 11.07.2008, the Registrar (Vigilance Cell), High Court, was directed to collect the details with reference to pendency of such cases before the Judicial Magistrate Courts in the State.  Shouldered with the arduous task entrusted by this Court, the Registrar continued the job, however, he could not get the requisite particulars within the time stipulated in view of the reason that some of the Magistrates were reluctant to furnish the full-fledged details.  Ultimately, subsequent to the strict direction of this Court, statistics and particulars from the courts of Metropolitan/Judicial Magistrates throughout the State could be procured. This Court places on record its deep appreciation for the  erstwhile Registrar,  Vigilance, and the present Registrar, Vigilance, High Court, Madras, and the  Staff of the Vigilance Cell in accomplishing the task entrusted to them by putting in hard labour and almost working round the clock.  

            2.  Annexure-A, B and C available in the vigilance report gives the particulars about the pending cases with regard to credit card transactions, personal loans, Hire Purchase Loans, cheque bouncing cases with IPC. offences etc., and the details of the Magistrates who have taken on file huge number of cases is furnished below:-



III Metropolitan Magistrate Court, George Town, Chennai  :   10293

  X Metropolitan Magistrate Court, Egmore, Chennai                :   10738   

 XVII   Metropolitan Magistrate Court , Saidapet, Chennai   :     3159

XVIII  Metropolitan Magistrate Court, Saidapet, Chennai    :       171


                                                                                Total                24361




                          Judicial Magistrate -III,  Coimbatore                    : 243




                              Judicial Magistrate Court,   Paramakudi               156


                                                                                    (Grand Total     : 24760) "


The particulars of the Banks/Financial Institutions at whose instance such cases have been taken on file by the Metropolitan Magistrates at Chennai are available in the Vigilance Report and the same is quoted here-under, 

Pending Calendar Cases for the offences under Sections 406 and 420 of I.P.C  

III Metropolitan Magistrate,  George Town, Chennai.  

S. No. Complainant/Bank      2005      2006     2007      Total Calendar Cases pending

1          ICICI BANK                 37        1190     1489                      2716

2.         HDFC BANK                 –             91       668                        759

3          CITY BANK                   –              7        240                       247

4          KOTAK MAHENDRA   –          133        111                       244

5          CENTURIAN BANK      –              6        266                       272

6          OTHERS                      1080       3629      1346                     6055

                                    Total      1117       5056      4120                  10293                                                                                                                       


1.        A.B.N. AMRO BANK                                                                      8

2        ANUPAM FINANCE LTD.                                                             571

3        CENTURIAN BANK                                                                   1813

4        CHOLAMANDALAM DBS FINANCE LTD.                                   297

5        CITI BANK                                                                                  172

6        CITI FINANCE LTD                                                                          9

7        G E MONEY INVESTMENT LTD                                                  141

8        HDFC BANK                                                                              4685

9         HSBC BANK                                                                                   1

10       ICICI BANK                                                                                  532

11       ING VYSYA BANK                                                                       146

12       KOTAK MAHINDRA BANK                                                          223

13       RELIANCE CAPITAL INVESTMENTS LTD.                                  220

14       SBI CARDS                                                                                   39

15       TML FINANCE LTD.                                                                      211

16       PRIVATE PARTIES                                                                     1670


                                                 TOTAL                                                10738 



1        ANUPAM FINANCE LTD.                                                                 132

2        TATA MOTORS LTD.                                                                      549

3        CENTURIAN BANK OF PUNJAB LTD.                                             848

4        IDBI                                                                                                    24

5        HDFC BANK                                                                                     660

6        KOTAK MAHINDRA BANK                                                                794

7        CITI BANK                                                                                             7

8        PRIVATE PARTIES                                                                            145


                                                    TOTAL                                                    3159 



1        HDFC                                                                                                    104

2        ICICI                                                                                                        55

3        DEVELOPMENT CR. BANK                                                                      3

4       CHOLAMANDALAM FINANCE LTD                                                            9


                                                    TOTAL                                                         171

            3. As could be seen from the report, the huge number of the cases entertained by, 

a) III Metropolitan Magistrate, George Town, Chennai

b) X Metropolitan Magistrate,  Egmore, Chennai;   

c) XVII Metropolitan Magistrate, Saidapet, Chennai;

d) XVIII Metropolitan Magistrate, Saidapet, Chennai;

e) Judicial Magistrate-III, Coimbatore; and

f) Judicial Magistrate, Paramakudi, Ramnad,

is quite alarming.

To the highest extent, the Magistrate who acted as X Metropolitan Magistrate, Egmore, and as XVIII Metropolitan Magistrate, Saidapet, Chennai, has taken on file totally  10676 (10505 + 171) cases. Most of the pending cases, in particular are the contribution of three Metropolitan Magistrates in the City of Chennai. 

Almost the borrowers of entire Tamil Nadu have been prosecuted by these Magistrates without any botheration about their territorial jurisdiction. On a perusal of such complaints, I find that, except mentioning of the words 'deceive', 'cheat', 'misappropriation' and 'criminal breach of trust', the prime element viz., fraudulent/dishonest intention of the accused at the time of entering into the agreement for grant of  loan with the Bank/Financial Institution, is not present at all. In such matters, where the Bankers/complainants come with a plea that the other party/borrower has committed breach of  agreement ie., failed to pay the balance amount, and in doing so, merely uses the words like `cheating', `fraud', `dishonesty', etc., in the absence of emphatic allegation/materials to suggest that there was actually fraudulent intention ab initio on the part of the accused, the court would not agree for charging the breaching party with fraud merely because the complainant uses such expressions and attempts to proceed on that basis.  Strikingly, from the materials available with regard to the pending cases, it is seen that, even according to the complainant Bankers/Financial Institutions, valid agreements have been entered into and their grievance is, the accused/borrowers failed to discharge the contractual obligations. Thus, their sole object behind approaching the Magistrates is to procure an order so that they can extract through police the principal amount and whatever rate of interest they charge.  

            Pausing here, it is relevant to add that, in  Central Bank of India vs. Ravindra and others (2001 (7) Scale 351), while considering the issue relating to loan transactions and levy of interest in such matters, due to conflict of opinion, a three-Judges Bench of the Hon'ble Apex Court referred the matter to the Constitution Bench on the following question:-

            " What is the meaning to be assigned to the phrases the principal sum adjudged and such principal sum as occurring in Section 34 of the Code of Civil Procedure, 1908 as amended by the Code of Civil Procedure (Amendment) Act (66 of 1956) w.e.f. 1-1-1957], a question of frequent recurrence and having far-reaching implications in suits for recovery of money, specially those filed by banking institutions against their borrowers, has been referred by a three-Judge Bench of this Court to the Constitution Bench." 

In the course of the Judgment, the Hon'ble Supreme Court  made some vital observations, which run thus:-

            " 52. The Banking Regulation Act, 1949 empowers the Reserve Bank, on it being satisfied that it is necessary or expedient in the public interest or in the interest of depositors or banking policy so to do, to determine the policy in relation to advances to be followed by banking companies generally or by any banking company in particular and when the policy has been so determined it has a binding effect. In particular, the Reserve Bank of India may give directions as to the rate of interest and other terms and conditions on which advances or other financial accommodation may be made. Such directions are also binding on every banking company. Section 35-A also empowers the Reserve Bank of India in the public interest or in the interest of banking policy or in the interests of depositors (and so on) to issue directions generally or in particular which shall be binding. With effect from 15-2-1984 Section 21-A has been inserted in the Act which takes away power of the court to reopen a transaction between a banking company and its debtor on the ground that the rate of interest charged is excessive. The provision has been given an overriding effect over the Usury Loans Act, 1918 and any other provincial law in force relating to indebtedness.

            56. During the course of hearing it was brought to our notice that in view of several usury laws and debt relief laws in force in several States private moneylending has almost come to an end and needy borrowers by and large depend on banking institutions for financial facilities. Several unhealthy practices having slowly penetrated into prevalence were pointed out. Banking is an organised institution and most of the banks press into service long-running documents wherein the borrowers fill in the blanks, at times without caring to read what has been provided therein, and bind themselves by the stipulations articulated by the best of legal brains. Borrowers other than those belonging to the corporate sector, find themselves having unwittingly fallen into a trap and rendered themselves liable and obliged to pay interest the quantum whereof may at the end prove to be ruinous. At times the interest charged and capitalised is manifold than the amount actually advanced. Rule of damdupat does not apply. Penal interest, service charges and other overheads are debited in the account of the borrower and capitalised of which debits the borrower may not even be aware. If the practice of charging interest on quarterly rests is upheld and given a judicial recognition, unscrupulous banks may resort to charging interest even on monthly rests and capitalising the same. Statements of accounts supplied by banks to borrowers many a times do not contain particulars or details of debit entries and when written in hand are worse than medical prescriptions putting to test the eyes and wits of the borrowers. Instances of unscrupulous, unfair and unhealthy dealings can be multiplied though they cannot be generalised. Suffice it to observe that such issues shall have to be left open to be adjudicated upon in appropriate cases as and when actually arising for decision and we cannot venture into laying down law on such issues as do not arise for determination before us. However, we propose to place on record a few incidental observations, without which, we feel, our answer will not be complete and that we do as under:

            (1) Though interest can be capitalised on the analogy that the interest falling due on the accrued date and remaining unpaid, partakes the character of amount advanced on that date, yet penal interest, which is charged by way of penalty for non-payment, cannot be capitalised. Further interest i.e. interest on interest, whether simple, compound or penal, cannot be claimed on the amount of penal interest. Penal interest cannot be capitalised. It will be opposed to public policy.

            (5) The power conferred by Sections 21 and 35-A of the Banking Regulation Act, 1949 is coupled with duty to act. The Reserve Bank of India is the prime banking institution of the country entrusted with a supervisory role over banking and conferred with the authority of issuing binding directions, having statutory force, in the interest of the public in general and preventing banking affairs from deterioration and prejudice as also to secure the proper management of any banking company generally. The Reserve Bank of India is one of the watchdogs of finance and economy of the nation. It is, and it ought to be, aware of all relevant factors, including credit conditions as prevailing, which would invite its policy decisions. RBI has been issuing directions/circulars from time to time which, inter alia, deal with the rate of interest which can be charged and the periods at the end of which rests can be struck down, interest calculated thereon and charged and capitalised. It should continue to issue such directives. Its circulars shall bind those who fall within the net of such directives. For such transaction which are not squarely governed by such circulars, the RBI directives may be treated as standards for the purpose of deciding whether the interest charged is excessive, usurious or opposed to public policy.

            (7) Any interest charged and/or capitalised in violation of RBI directives, as to rate of interest, or as to periods at which rests can be arrived at, shall be disallowed and/or excluded from capital sum and be treated only as interest and dealt with accordingly. 

            57. In view of the law having been settled with this judgment, it is expected henceforth from the banks, bound by the directives of the Reserve Bank of India, to make an averment in the plaint that interest/compound interest has been charged at such rates, and capitalised at such periodical rests, as are permitted by, and do not run counter to, the directives of the Reserve Bank of India. A statement of account shall be filed in the court showing details and giving particulars of debit entries, and if debit entry relates to interest then setting out also the rate of, and the period for which, the interest has been charged. ....."                                                                                                                                                            

(emphasis supplied) 

            4. In the present matters, it is ex facie apparent that, in spite of having weighed the nature of allegations in judicial scales and thereby knowing fully well that legally they are not supposed to refer the civil disputes for police investigation or take cognizance by themselves, the said Judicial Officers concerned, with ulterior motives and to oblige the demand of the Bankers, illegally imputed criminal flavour to civil disputes, which action is not only inappropriate, and as such legally untenable, but elicits their unwanted intention in aiding one party to intimidate the other party. The basic premise is,  once a matter is found to be purely of civil nature, the scope and extent of issues covering the same cannot take on a criminal character, for, both the civil and criminal disputes are mutually exclusive. Obviously, the reason for these Bankers/Financial Institutions trespassing into the area of criminal law remedy is that civil law remedies are time-consuming; further, by obtaining orders for police investigation, they can exert pressure upon the borrowers through police to a considerable extent by imbibing the fear of arrest or being subjected to ignominy at the hands of police and ultimately, with ease, they could collect the principal amount plus the exorbitant rate of interest. In the complaints taken on file, such break-up figures of principal and interest are not mentioned. Unfortunately, the Magistrates, who have been repeatedly advised and guided by the Hon'ble Apex Court to exercise great caution in that regard, have abruptly failed in adhering to such guidance, as a result of which,  the immersion of civil disputes with criminal charges is immensely growing with each passing day as reflected in the statistics furnished before this Court. Day in and day out, hundreds of such complaints have been entertained by some of the Magistrates and cognizance is taken.  Humanly, it is impossible if there is proper application of mind.  Obviously, such cognizance is taken by the Magistrates on the mere request of the Bankers with an ulterior motive and in collusion and conspiracy with them.               

              5. The other adverse impact of this illegal practice is mounting up of unnecessary cases and thereby the valuable time of the court is wasted and to the dismay of the legitimate litigants, their cases could not be taken up at right time in the usual course. Already, the judicial system in our country is over-crowded with crores of civil and criminal matters  at all levels.  The Apex Court, in its umpteen number of judgements, has repeatedly cautioned the subordinate judiciary to stem the tide of the expanding use of criminal law in settlement of disputes which are basically of civil nature. 

                        In G. Sagar Suri & another v. State of UP & Others (2000) 2 SCC 636, the Supreme Court held that it is the duty and obligation of the criminal court to exercise a great deal of caution in issuing the process particularly when matters are essentially of civil nature.

                        That being so, in view of mixing the civil disputes with criminal offences, the aggrieved parties are increasingly invoking the inherent powers of the High Court under Section 482 of the Code of Criminal Procedure to prevent abuse of the process of Court or otherwise to secure the ends of justice. The illegal practice has made the Magistrate Courts breeding points of pendency of unnecessary criminal cases reflecting its adverse effect at all levels upto the Supreme Court.  


            6. Under the scheme of the Constitution, by virtue of Article 227 commencing with the caption "Power of superintendence over all courts by the High Court", and  Section 483 of the Code of Criminal Procedure which runs as follows,

             " 483. Duty of High Court to exercise continuous superintendence over courts of Judicial Magistrates.

            Every High Court shall so exercise its superintendence over the courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates. ",

the High Court is vested with the power of superintendence and control over the subordinate judiciary. It is the members of the subordinate judiciary who directly interact with the parties in the course of proceedings of the case and therefore, there should not be any malfunctioning of such vital unit either by deviating from the procedure laid down or ignoring the law propounded by the Apex Court and the High Court.   Though the members of subordinate judiciary look up to the High Court for the power to control to be exercised with parent-like care and affection, the basis for such superintendence should be, Pardon the error but not its repetition .

When the Magistrates concerned have taken on file 1000s of cases relating to disputes of civil nature in flagrant and blatant violation of the established procedure,  is it not  high time for this Court to exercise its supervisory jurisdiction to ensure that the system is running on the right track.

            Apart from the constitutional provisions, under Section 482 Cr.P.C., the  High Court has inherent powers to act ex debito justitiae to do real and substantial justice, prevent abuse of the process of the court and to ensure fair and impartial enquiry/trial. Inherent power under section 482 Cr.P.C. is exercised:

            (a)   to give effect to an order under the Code;

            (b)   to prevent abuse of the process of court, and

            (c)   to otherwise secure the ends of justice.


    A. In the decision reported in AIR 1960 SC 866 (R.P. Kapur v. State of Punjab), the Hon'ble Apex Court deduced  some categories of cases where inherent power can and should be exercised, viz.,:

            (i)    where it manifestly appears that there is a legal bar against the institution or continuance  of the proceedings;

            (ii)  where the allegations in the first information report or complaint taken at their face value and accepted in their entirety do not constitute the offence alleged;

            (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge.


     B. In Janata Dal v. H. S. Chowdhary & Others (1992) 4 SCC 305, the Apex Court observed thus:

                        " 132.  The criminal courts are clothed with inherent power to make such orders as may be necessary for the ends of justice. Such power though unrestricted and undefined should not be capriciously or arbitrarily exercised, but should be exercised in appropriate cases, ex debito justitiae to do real and substantial justice for the administration of which alone the courts exist. The powers possessed by the High Court under section 482 of the Code are very wide and the very plentitude of the power requires great caution in its exercise. Courts must be careful to see that its decision in exercise of this power is based on sound principles."


    C.  In the  case law reported in Indian Oil Corporation v. NEPC India Ltd. (2006) 6 SCC 736), the Supreme Court referred to the earlier observation made in in G. Sagar Suri's case (cited supra)  and remarked thus:-                 


This Court has laid certain principles on the basis of which the High Court is to exercise its jurisdiction under Section 482 of the Code. Jurisdiction under this section has to be exercised to prevent abuse of the process of any court or otherwise to secure the ends of justice."


            14. While no one with a legitimate cause or grievance should be prevented from seeking remedies available in criminal law, a complainant who initiates or persists with a prosecution, being fully aware that the criminal proceedings are unwarranted and his remedy lies only in civil law, should himself be made accountable, ..... ",


            D. The observation made by the Apex Court in Roy V.D. v. State of Kerala (2000) 8 SCC 590 is relevant to be extracted here-under:-

     " 18. It is well settled that the power under section 482 Cr.P.C has to be exercised by the High Court, inter alia, to prevent abuse of the process of any court or otherwise to secure the ends of justice. Where criminal proceedings are initiated based on illicit material collected on search and arrest which are per se illegal and vitiate not only a conviction and sentence based on such material but also the trial itself, the proceedings cannot be allowed to go on as it cannot but amount to abuse of the process of the court; in such a case not quashing the proceedings would perpetuate abuse of the process of the court resulting in great hardship and injustice to the accused. In our opinion, exercise of power under section 482 CrPC to quash proceedings in a case like the one on hand, would indeed secure the ends of justice."

The position having been abundantly made clear by a catena of decisions of the Apex Court and when there is an established procedure available,  if the subordinate courts, deviating from the same, adopt the ugly fashion of ignoring such law and procedure and start acting contrary thereto, then, legal anarchy will prevail and the democratic structure of the country, rule of law and concept of liberty of citizens will be the first casualty.  Hence,  this Court cannot close its eyes to the arbitrary and capricious exercise of powers, authority or jurisdiction by the officers of the subordinate judiciary. When there is a large scale illegality and  the judicial officers concerned are heedless to the repeated guidelines issued by the Hon'ble Apex Court and this Court which ultimately resulted in derailment of the system, on an meticulous analysis, this Court deems it absolutely necessary to suo motu invoke the inherent jurisdiction vested with this Court under Section 482 Cr.P.C. and the supervisory jurisdiction under Sec.483 of the Code and Article 227 of the Constitution of India. In order to do substantial justice, this Court is of the view that all such cases pending before various Metropolitan Magistrate/Judicial Magistrate Courts in the State, as reflected in the statistics furnished by the Registrar (Vigilance Cell) vide Annexure- A, B and C should be directed to be withdrawn and transferred to the file of this Court to initiate proceedings to quash such complaints, whereupon, the same may be decided in accordance with law after hearing the parties. In cases where it is not fit to quash the proceedings, such matters may be remitted back to the Magistrates concerned for enquiry/trial. 


                        7. It must also be highlighted here that the Supreme Court has directed that even when a civil suit is filed, the Banks must furnish in their plaint that interest/compound interest is charged at such rates and capitalised at periodical rests as permitted by directives of the Reserve Bank of India.  On a bare perusal of the complaints, I do not find any such averment in the complaints preferred before the Magistrates concerned.  Courts and police authorities were taken for granted by the Banks and invariably such statements are not annexed at the time of filing cases/complaints.  It is unfortunate that the learned Magistrates who do not have territorial jurisdiction to take on file such cases beyond his/her jurisdiction have passed the orders mechanically.  Though the borrowers appeared before court, cases were not  conducted in the manner known to law only with a view to facilitate the financial institutions in adopting pressure tactics for collection of dues.

            It is also made clear by the Hon'ble Apex Court that the R.B.I. should properly exercise its supervisory role over banking companies and if there is any violation of law/directives/circulars is brought to its notice, it must swing into action by taking appropriate action against the Banks/Financial Institutions concerned. Though the R.B.I. is one of the watchdogs of Finance and economy of the nation, it is painful to see that such large scale looting from the innocent general public has not been taken serious note of  in spite of the strong observations made by the Supreme Court. 

Many multinational and other Banks like,

                        a) ICICI Bank

                        b) HDFC Bank

                        c) City Bank

                        d) Kotak Mahendra

                        e) Centurian Bank

                        f) ABN Amro Bank

                        g) Anupam Finance Limited

                        h) Cholamandalam DBS Finance Limited

                        i) GE Money Investment Limited

                        j) HSBC

                        k) ING Vysya Bank

                        l) IDBI

                        m) Reliance Capital Investments Limited

                        n) SBI Cards

                        o) TML Finance Limited

                        p) TATA Motors Limited

                        q) Development CR. Bank, 

and other private parties are indulging in such illegal activities and the watchdog/RBI remains to be a silent spectator.  It is pointed out that, on conclusion of the enquiry by the High Court, suitable proceedings will be initiated against those complainants/banks who launched or persisted with the false prosecutions being fully aware that the criminal proceedings are unwarranted and their remedies lie only in civil law and thereby, they will be made accountable.

            Though the practice of hiring recovery agents, who are musclemen, goondas and thugs has been discouraged by the Apex Court, the Financial Institutions continue the strong arm tactics by adopting genius, clever and crooked method of stealthily resorting to criminal law remedies with the help of some unscrupulous black-sheeps in the subordinate judiciary and the Police Department.  It is unfortunate that the borrowers concerned are unable to withstand the pressure of money power in collusion with such public servants and in the net result, justice is the causality. In fact, those Bankers can be proceeded against since they are the actual offenders/accused under several provisions of the Indian Penal Code. But, I am at a loss to understand why the police are not booking cases against these Bankers/Collection Agents/Brokers when they are zealously entertaining hundreds of complaints every day at the instance of the Financial Institutions. It is upto the Director General of Police to fish out such unwarranted complaints and close the prosecution after receiving opinion from the Director General of Prosecution/Additional Director General of Prosecution/Assistant Public Prosecutors concerned.  Needless to say that legitimate prosecution will be allowed to continue.  The rulings/observations of the Supreme Court is binding on all the  courts and authorities in the country. If an innocent borrower is harassed, it is the obligation of the police to protect them and if materials are available, the police must register case against such bankers/agents and investigate into the matter in accordance with law.


                        8. In the light of the foregoing discussion, the following directions are issued:-

            (i) The Registry is directed to withdraw all the cases pending on the file of the learned Magistrates vide Annexure A, B and C  of the Vigilance Report and call for all the records connected to those cases and transfer the same to the file of the High Court, Madras;


            (ii)  Registry to place the  entire materials and particulars before the Hon'ble the Chief Justice so that orders could be passed for conducting  enquiry in those matters;


            (iii) Further proceedings of all those cases vide Annexure A, B and C pending on the file of the Metropolitan/Judicial Magistrates concerned are hereby stayed till the disposal of the proceedings by the Court;


            (iv) All records including vigilance reports may also be placed before the Hon'ble the Chief Justice for taking appropriate departmental action against the Magistrates concerned in particular III, X, XVII and XVIII Metropolitan Magistrates, Chennai and Judicial Magistrate-III, Coimbatore and Judicial Magistrate, Paramakudi, Ramnad; and


            (v)  In view of the orders passed for transfer of the pending cases before the Metropolitan/Judicial Magistrate Courts to the file of this Court, the Director General of Police  is directed to instruct     

             a)  the police officers, who  have received orders from the Magistrates in such cases under Section 156(3) Cr.P.C., and 

             b)  the Station House Officers, who have directly entertained similar complaints in the name of "petition enquiry",


to obtain opinion from the Director General/Additional Director  General of prosecutions/ Assistant    Public    Prosecutors    etc.       and to file interim/final reports before the jurisdiction Magistrates within a period of two weeks from to-day. 

            Compliance report is to be filed in this regard within three weeks by the Director General of Police.


            9. Post the matters after three weeks.







a) The Director General of Police,  Tamil Nadu, and


b) All the presiding officers of the District Courts for instructing suitably the

        Judicial Magistrates




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Saturday, December 28, 2013

Police: La. Shooter Embroiled in Difficult Divorce - ABC News

Man embroiled  in difficult divorce shoots dead wife , ex mother in law & others !! Wounds ex father in law . Man was forced to pay overdue child support and also placed on probation !! Sad story in LA. 

Police: La. Shooter Embroiled in Difficult Divorce - ABC News


Lafourche Parish Sheriff Office/AP Photo|ABC News

It might have appeared that Ben Freeman was trying to right some wrongs in his life in the months before police say he killed three people and himself.

In June, he agreed to pay his ex-wife Jeanne (ZHANNE) Gouaux (GO) $22,560 in overdue child support payments dating back two years, court records show. A settlement filed the next month show that the couple would sell three adjacent lots near her parents' house and split the $25,000 in proceeds. Freeman also agreed to pay Gouaux $39,000.

But June also was the month that Gouaux and her father filed a complaint against Freeman. And on Oct. 23, he pleaded guilty to one of two criminal telephone-harassment charges based on that complaint, Lafourche Parish Clerk of Court Vernon H. Rodrigue said.

Freeman, 38, was given a deferred sentence of a $250 fine or 10 days in jail and put on unsupervised probation for a year, and the second count of criminal harassment was dismissed, Rodrigue said.

On Nov. 27, Freeman was issued a citation for simple battery domestic violence against his current wife, Denise Taylor Freeman, according to the Terrebonne Parish Sheriff's Office. Freeman's court date had been scheduled for Jan. 16.

But on Thursday, police say Freeman killed his wife, whose body was found in a bathroom at home. He then fatally shot his ex-mother-in-law and the CEO of a hospital where he once worked, wounded three others, and killed himself, sheriff's officials from Lafourche and Terrebonne parishes said.

Authorities are still investigating Freeman's possible motives, but "clearly, there has been a very difficult and complicated divorce/custody issue going on," Lafourche Parish Sheriff Craig Webre said.

All three survivors remained hospitalized, two in stable but critical condition, hospital officials said late Friday.

Preliminary evidence shows that Freeman first killed Denise Freeman, 43, before he went on a rampage and shot the others, Maj. Malcolm Wolfe, of the Terrebonne Parish Sheriff's Office, wrote in an email.

Denise Freeman's body was found in the bathroom. An autopsy showed she suffocated and drowned, Terrebonne Parish Sheriff Jerry Larpenter said Friday.

Ben Freeman then drove to his former in-laws' home in Lafourche Parish, about 45 miles southwest of New Orleans, investigators say. With a shotgun, he killed his former mother-in-law, Susan "Pixie" Gouaux, and wounded her husband, Councilman Louis Phillip Gouaux, and one of their daughters, Andrea Gouaux. His ex-wife, Jeanne Gouaux, apparently wasn't at the home.

About 20 minutes later, Freeman arrived at the home of Milton and Ann Bourgeois. Milton was the longtime CEO of Ochsner (OX-ner) St. Anne General Hospital in nearby Raceland, where Freeman had worked as a registered nurse until two years ago. Freeman shot Milton Bourgeois at close range, killing him, and shot Ann Beourgeois in the leg. She was in stable condition Friday.

Louis and Andrea Gouaux were in critical but stable condition after surgery Friday in New Orleans, Brennan Matherne, a spokesman for the Lafourche Parish Sheriff's Office, said.

Lafourche Parish Sheriff Craig Webre said Freeman had been fired from St. Anne, and police previously had been called to the hospital after Freeman damaged a room. Freeman told officers he would seek mental help, Webre said.

But in a teleconference later Friday, Ochsner officials said Freeman had resigned voluntarily, citing personal reasons. The officials said he had worked at the hospital from May 1998 to April 2011 and that he was considered an on-call employee for another five months after that.

Freeman also had worked at two other hospitals, which along with St. Anne were placed on lockdown for a time Thursday.

Susan Gouaux — "Pixie" to her friends — was a teachers' aide at Holy Savior Elementary School. She also was a talented needlewoman and knitter who designed the state bicentennial quilt square for Lafourche Parish and made scarves for all her friends, Parish President Charlotte Randolph said in a phone interview.

She said that she went to school at one time or another with both Philip and Susan Gouaux, and that Susan Gouaux taught her grandchildren. The couple have six adult daughters.

Gouaux called 911 around 6:40 p.m. Thursday from his home in Lockport, telling dispatchers he'd been shot in the throat, The Courier newspaper in Houma reported. Freeman was divorced from Gouaux's daughter Jeanne, whom he married in 1997.

Jeanne Gouaux, also a nurse, had filed several protective orders against Freeman, who was allowed only supervised visits with their four children, Webre said. The last protective order expired less than a month ago, he said.

Jeanne Gouaux and the children lived with her parents for a while after the divorce, said Rita Bonvillain (BAHN-vee-yenh), 83, a neighbor of the family for nearly 30 years. She said Andrea Gouaux, a nurse like sister Jeanne, was visiting from Texas.

Whenever a holiday came, she said, children filled the house and yard. A trampoline, soccer balls and a swing hanging from a big oak in the front yard testified to that.

Bonvillain choked up talking about the Gouauxes. Since her husband died, they regularly stopped by to ask if she needed groceries or other help. The councilman once told her, "If you ever hear a sound at night and want someone to check it out, call me," she said.

Ben Freeman was found dead around 10:45 p.m. along U.S. Highway 90 near Bayou Blue. He had shot himself in the head.

At Denise Freeman's house, a man who didn't give his name demanded that an Associated Press reporter leave his sister's property.

Others in the neighborhood of middle-class, ranch-style houses in Houma, the Terrebonne Parish seat, said the house was originally hers.

She had recently married Freeman, but she and her son Josh — of elementary-school age — had lived there for years, said Glenn Cradeur, who has owned the house two down from hers for 28 years.

He said he believed the boy was not home when his mother was killed.

Cradeur said he noticed no signs of trouble until about two weeks ago, when he saw police vehicles outside the home, responding to what he believed was a domestic dispute.

He returned from traveling to find emergency vehicles outside the house and stunned neighbors gathered nearby.

"It's shocking, and it's sad," he said.


Associated Press Writer Janet McConnaughey in New Orleans and researcher Judith Ausuebel in New York contributed to this report.




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Sleeping passengers caught in fire aboard Nanded-Bangalore Express; 26 killed

Sleeping passengers caught in fire aboard Nanded-Bangalore Express; 26 killed

As many as 26 people, including two children, are feared dead, and 15 others injured after a fire broke out in a bogie of the Nanded-Bangalore Express in Anantapuram district of Andhra Pradesh today.

Rescue personnel use a stretcher to carry a body near a charred carriage of the Nanded-Bangalore Express near Puttapartihi in Ananthpur district after a fire engulfed the train. (AFP Photo)

The mishap took place near the Kothacheruvu railway station in Anantapur district bordering Karnataka at around 3.30am. Passengers told TV channels they were sleeping when somebody noticed smoke in the B1 AC coach and pulled the emergency chain to stop the train.

Passengers then climbed out of the train when it was still dark and the coach was on fire. According to rescue workers and TV channels, 15 injured passengers were being treated in hospitals in Dharmavaram, Puttaparthi and Anantapur.

CS Gupta, a spokesperson for South Western Railways, confirmed 15 deaths and said casualties could rise. Gupta said most passengers seemed to have choked to death in the smoke that engulfed the coach.

Read: Short circuit could have triggered train fire: Kharge

According to NDTV reports, the train had left Bangalore at 10:45 pm on Friday and was headed for Nanded. It had about 64 passengers, mostly from Karnataka, on board. The fire broke out when the train was near the Prasanthi Nilayam ashram.


Cops inspect the charred bogie of the Nanded-Bangalore Express in Puttaparthi in Ananthpur district. (AFP photo)

Sananda Aruna, additional divisional railway manager, said the fire was doused but identifying the dead would take time because the passenger lists were burnt.

"It is a frightening scene inside the coach. Many are charred, beyond recognition, to death," said Raghuveera Reddy, Andhra Pradesh state revenue minister.

Prime Minister Manmohan Singh has directed Railways and state government authorities to extend all possible help to the victims in rescue and relief operations.

READ: Alert train driver prevented fire from spreading

A compensation of Rs. 5 lakh for the dead and Rs. 50,000 for the injured has been announced by railways minister M Mallikarjun Kharge.

Helpline numbers
Bangalore: 08022354108080222592710802215655408022156553

Railways: 9731666863



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Friday, December 27, 2013

Suddenly every politico is talking about AAP getting funds FROM abroad ! Obviously they can't understand it , all OTHERS are only SENDING money abroad to Swiss bank ??? How can they understand it !!!

Suddenly every politico is talking about AAP getting funds FROM abroad ! Obviously they can't understand it , all OTHERS are only SENDING money abroad to Swiss banks ??? How can they understand parties getting money from Indians abroad ??? 

Foreign funding: Home ministry to inspect AAP accounts

Express news service : New Delhi | Fri Dec 27 2013, 09:06 hrs


Not satisfied with the replies provided by the Aam Aadmi Party (AAP), the Home Ministry plans to inspect the books of accounts of the party in connection with allegations of illegal foreign funding.

AAP had sent replies to queries regarding alleged violation of Foreign Contribution Regulation Act while receiving funds from abroad, ministry officials said. "We need further interaction with AAP as we need some clarification on their replies. We will inspect their books of accounts," said an official.

Investigations into AAP's foreign funding started following a directive of the Delhi High Court in response to a public interest litigation.

The AAP, which is set to form the government in Delhi, said it was ready for any kind of probe and insisted that it had taken donations only from Indians — residing in the country and abroad. The Home Ministry foreigner division, which is examining the matter, had sent a questionnaire to the party early last month.

AAP said it collected about Rs 19 crore till November 8 as donations from 63,000 people, including several NRIs. It claimed to have received donations ranging from Rs 10 to several lakhs — from rickshaw pullers, industrialists and people from all walks of life — to fight the polls and bring a "graft-free" administration.

Former Delhi CM Sheila Dikshit had questioned the source of funding of AAP, whose main election plank was to check corruption.

AAP leader Yogendra Yadav said they would be "very happy" if the Home Ministry checked their accounts. "In our earlier reply to the Home Ministry, we answered every query with transparency. We take the passport numbers of any donor from outside the country to ensure that he or she is indeed an Indian citizen. However, once the central government is through with us, perhaps it would please them to investigate the accounts of the BJP and the Congress as well," Yadav said.



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Not just husbands & mothers , even in arms smuggling cases where 35 seamen are in jail no FIR after 60 days !!! Bail with strict conditions. for all you know the case will take 10 years and become and international dispute !!!

Not just husbands & mothers , even in  arms smuggling cases where 35 seamen are in jail no FIR after 60 days !!! Bail with strict conditions. for all you know the case will take 10 years and become and international dispute !!!

Tamil Nadu: 35 crew members of US ship get conditional bail

PTI : Tuticorin | Fri Dec 27 2013, 12:19 hrs


The 35 crew members of the ship MV Seeman Ohio were arrested on October 18 by Tamil Nadu police after it was intercepted by the Coast Guard. (Reuters)

A local court has granted conditional bail to all the 35 crew members of a US ship, arrested on charges of illegally carrying weapons on board the vessel and straying into Indian waters.

In their bail plea, the crew argued that the 'Q' branch of Tamil Nadu police had failed to file the charge sheet even after 60 days of their arrest.

After hearing the petition, Judicial Magistrate-I Kathiravan granted them bail on Wednesday ordering that they report at the office of the 'Q' branch , investigating the case, and sign every day.

Earlier, their bail pleas had been rejected by a court here and the Madurai Bench of the Madras High Court.

The 35 crew members of the ship MV Seeman Ohio were arrested on October 18 by Tamil Nadu police after it was intercepted by the Coast Guard. They were booked under the Arms Act and Essential Commodities Act.

The crew members were also accused of illegal purchase of diesel from local agents.

Twenty two foreign nationals among the crew are lodged in the Chennai Puzhal Central prison, while another from UK and 12 Indians are in the Palayalamkottai Central Prison in Tirunelveli.

On December 18, the Madurai Bench of the Madras High Court had dismissed their bail petitions, stating the probe was in the initial stage and if they were released on bail, it could affect the investigation.



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Thursday, December 26, 2013

You can get married at a temple , hotel , Mandap wherever , but divorce only at a court

Get married wherever , but go to a court to divorce !!! 

The couple signed a deed of divorce and even got remarried , little did the realize that they have to go to a court for divorce !!! 

Rejected US visa brings 'divorced' couple back in court

MAYURA JANWALKAR : Mumbai | Thu Dec 26 2013, 02:16 hrs

It took a US visa rejection for a Master in Business Management (MBA) graduate to realise that to be able to live with her husband in the US, she would first have to get a court order dissolving her previous marriage.

In a peculiar matrimonial case, the woman and her ex-husband, also remarried, filed a joint petition in the family court seeking divorce by mutual consent, two years after their separation. However, after the family court on October 5 held that their petition was not maintainable, they filed an appeal in the Bombay High Court.

Living under the belief that the "deed of divorce" executed between her and her ex-husband on June 13, 2011, stood as a valid proof of divorce, the woman from Mulund remarried a permanent resident of the US. Her ex-husband too had remarried when they moved the family court seeking divorce.

Their first marriage took place on April 29, 2007, but within a year they decided to part ways citing incompatibility. They notarised the "deed of divorce" executed by them and considered themselves divorced.

On August 10, 2012, the woman married the US-based desktop telecommunication operator. The court was told that he had returned to the US and applied for a visa for his wife after finding a suitable job for her. On September 16, she appeared before the US consulate officials in Mumbai for an interview. However, they did not issue her a visa and informed her that she had not produced a decree of divorce from an Indian court.

"On receipt of the letter dated September 16, for the first time, she came to know that Deed of Divorce dated June 13, 2011, executed between herself and her husband is not a valid decree in the eyes of law," Justices V K Tahilramani and V L Achliya recorded in their order.

The estranged couple then filed a joint petition for divorce by mutual consent and urged the family court to waive the six month cooling-off period.

The family court, however, rejected their petition primarily on the ground that their marriage had already been dissolved by the "deed of divorce" and hence, a petition for divorce by mutual consent could not be entertained.

The High Court, however, said the family court's order cannot be sustained either on facts or in law. "The appellants, though acted under impression that their marriage was dissolved by virtue of deed of divorce and remarried after the execution of said deed, but legally the marriage between the appellants still subsists," the High Court observed.

The High Court added that courts cannot let technicalities impair the dispensation of justice and said no fruitful purpose could be achieved by forcing the parties to wait for six months in passing of the decree, as they had both remarried.

The High Court remanded the case back to the family court and asked it to hear the joint petition for divorce. The estranged couple has been asked to go before the family court on January 2, 2014, to proceed with their petition. 



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Man gets divorce because wife SAW ghosts !! What is wife herself was a ghost ????

Man gets divorce because wife saw ghosts ! But what if wife herself was a ghost !!! Ok ... Ok .... !! That's Expunged from the remarks !!

Mumbai: Man gets divorce from wife who 'sees' ghosts

In a very unusual case, a family court recently granted divorce to a man accepting his allegation that his wife was hallucinating and used to see ghosts and goddesses in their house. The court considered this as a ground amounting to mental cruelty to the husband and granted him divorce.     

The couple was married for three months before the woman moved out of the house and filed a first information report (FIR) against her husband and his family members alleging harassment under various sections of the Domestic Violence Act. She also demanded a monthly maintenance amount from the husband. Tired of all her allegations, the husband moved the family court seeking divorce.  

In his petition, the husband alleged that the woman used to hallucinate. She had told him that she could see ghosts in their house. She said she even saw a Goddess who told her to jump off from the gallery so that her matrimonial life would be cordial, the petition mentioned.   

The petition also alleged that the "woman resided with him only for three months but she made his life hell. She treated him in a cruel manner, harassed him physically as well as mentally and thereafter left the matrimonial home and thus deserted him."          

It was also alleged that when a trip to Goa was planned after their marriage, the woman refused to go. She used to avoid household work and kept reading religious and holy books. She refused to help his mother at her work. She used to lock her bedroom and stay inside. She quarrelled with his parents when they tried to speak to her. 

After leaving her matrimonial house, the woman filed several complaints against her husband and his family members which are still pending before the competent courts.

The woman did not respond to the notice issued by the family court. Thus, the court passed an ex-parte order. The court granted divorce to the husband under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act.



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