Legal News India - Vakilno1.com

Tuesday, February 2, 2010

Students Fake Marksheets, 1,135 students got Jobs in Maharashtra, CBI report


Students Fake Marksheets, 1,135 students got Jobs in Maharashtra, CBI report

AMRAVATI: An overall total of 1,135 students have secured jobs submitting fake marksheets after passing out from various universities in Maharashtra, As reported through the Times Of India.

The fake marksheet scam came to fore after an investigation through the CBI on the direction from the Bombay High Court on a Public Interest Litigation (PIL) in 2007.

The PIL had alleged that many of the employees working in government and private sectors had got the job after submitting bogus documents, and sought a probe.

After hearing the PIL, the High Court directed the CBI to investigate the matter. The CBI, on December 26, 2009, wrote to all the Universities in Maharashtra asking for verification of the marksheets.

Verification revealed that 1,135 students from six universities had landed jobs using fake marksheets (obtained between 2001 and 2007), police sources said, quoting the CBI report.

The maximum 729 cases of fake marksheets were identified at Pune University, followed by Mumbai (237), Rashtrasant Tukdoji Maharaj University, Nagpur (92), Shivaji University, Kolhapur (42), Dr Babasaheb Ambedkar University, Aurangabad (18) and Sant Gadgebaba University, Amravati (17).

The CBI will now be submitting the report to the High Court and could seek direction to consider action against these students, the sources said.

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CBI might help Army to Investigate "Sukhna Land Scam"


CBI might help Army to Investigate "Sukhna Land Scam"

Mumbai: Civilian investigation agencies such as the Central Bureau of Investigation (CBI) could be roped in to help the army better probe the Sukhna land scam, army sources said. The army is also mulling on sending two lieutenant generals to Kolkata to further probe the case. As reported by DNA

Sources said the eastern army command has asked for two lieutenant generals to start the summary of evidence against the just retired controversial military secretary Lt Gen Avadesh Prakash and the former chief of the 33 Corps, Lt Gen PK Rath.

The army headquarters is yet to issue formal attachment orders for the two generals, but sources said both would be attached to Kolkata-based Eastern Army Command.

Even as the formal orders are being awaited, sources said the Eastern Command, based on the communication from army headquarters, has requested for two lieutenant generals to carry out the summary of evidence. The two top army men will carry out the summary of the evidence of the two accused lieutenant generals separately. The accused may seek legal assistance throughout the process, army sources said.

Meanwhile, dependable sources in the defence ministry told that the army could possibly be seeking assistance of civilian investigation agencies to “wrap up investigation from all angles”. During the summary, the army would not only collect evidences gathered through the court of inquiry, but also look at all the other leads available. “This could even mean the money trail,” they said.

During the proceedings of the court of inquiry that had indicted both Prakash and Rath along with several other army officers, there were enough hints of money trail, the sources said. But the inquiry did not go into it because it was not tasked to do that.

“They have to build a watertight case,” the sources said.

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HC refuses 'maintenance' to foreigner couple stuck in India


HC refuses 'maintenance' to foreigner couple stuck in India

The Bombay High Court has said foreigners stranded in India due to pending criminal cases cannot seek maintenance to sustain themselves. As reported by DNA

Singapore national Zainab Yousuf (57) and her Japanese husband Teytsyo Hiryama (62) had sought maintenance from the state government.

Yousuf and Hiryama found themselves in an unusual predicamment: acquitted and set free by High Court, although not having permission to leave country since the appeal is pending.

Advocate Ayaz Khan, their advocate, argued that they had no source of livelihood here. Relying on article 21 of Constitution (right to life), Khan moved High Court for maintenance.

The two of them were arrested at Chhatrapati Shivaji International Airport here for possession of Hashish and were convicted and sentenced to ten years imprisonment in 2006.

But in January 2009, they were acquitted from the High Court. However, customs appealed it in the Supreme Court, and authorities didn't issue them 'exit visa'.

Yesterday, rejecting their plea, division bench of justice PB Majmudar and justice RG Ketkar said that "even for citizens of this country (India) who cannot maintain themselves, there isn't any policy to offer shelter and maintenance. At the most the petitioners may obtain a work permit."

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HC refuses 'maintenance' to foreigner couple stuck in India


HC refuses 'maintenance' to foreigner couple stuck in India

The Bombay High Court has said foreigners stranded in India due to pending criminal cases cannot seek maintenance to sustain themselves.

Singapore national Zainab Yousuf (57) and her Japanese husband Teytsyo Hiryama (62) had sought maintenance from the state government.

Yousuf and Hiryama found themselves in an unusual predicamment: acquitted and set free by High Court, although not having permission to leave country because the appeal is pending.

Advocate Ayaz Khan, their advocate, argued that they had no source of livelihood here. Relying on article 21 of Constitution (right to life), Khan moved High Court for maintenance.

The two of them were arrested at Chhatrapati Shivaji International Airport here for possession of Hashish and were convicted and sentenced to ten years imprisonment in 2006.

But in January 2009, they were acquitted by the High Court. However, customs appealed it in the Supreme Court, and authorities didn't issue them 'exit visa'.

Yesterday, rejecting their plea, division bench of justice PB Majmudar and justice RG Ketkar said that "even for citizens of this country (India) who cannot maintain themselves, there is no policy to offer shelter and maintenance. At the most the petitioners may apply for a work permit."

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Monday, February 1, 2010

Supreme Court Rejects PIL of Telangana MLAs


Supreme Court Rejects PIL of Telangana MLAs

The Supreme Court on Monday dismissed a Public Interest Litigation (PIL) seeking direction to the Andhra Pradesh Speaker to either accept or choose the resignation of over 139 legislators on the Telangana issue. As stated by NDTV

A bench headed by Chief Justice K G Balakrishnan and Justices J M Panchal and Deepak Verma said that the petitioner M Narayana Reddy, a former MP, had no locus standi in the issue.

The apex court said there was no public interest involved with the issue as claimed by the petitioner. "Who are you? It is very strange. You are not an MLA or MP. What are you? What's the PIL? Who gave you the right to present petition," the bench grilled Reddy while dismissing the PIL.

The 139 MLAs, cutting across party lines, are named as petitioners in the matter. They had submitted their resignation to the Assembly Speaker on December 10 and 23 last year. Andhra Pradesh Assembly has 284 members.

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Life Term for 'Killer' Mom by Supreme Court


Life Term for 'Killer' Mom by Supreme Court

Holding as "unusual" the conduct of a mother, the Supreme Court has confirmed the life sentence on a woman who axed to death her four-year-old son. As reported by Indian Express

"Motherhood is one of the most precious gifts endowed upon mankind and there's no relationship more pristine and pure than that of a mother and her child. No mother in normal circumstances can tolerate even a scratch on the body of her child," a bench of justices P Sathasivam and H L Dattu observed in a judgement.

The apex court passed the judgement while dismissing the appeal of a tribal woman Satna Bai, charged with axing to death her minor son Kannilal in Chhattisgarh's Ambikapur district on August 18, 1996.

"The appellant was found standing near the body of her son with a bloodstained axe in her hand. An obvious reaction for any mother would have been to go hysterical and clutch the body of her son.

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Bar to Petition against CBI closure report in 'Cash-At-Judge's


Bar to Petition against CBI closure report in 'Cash-At-Judge's

CHANDIGARH: A special CBI court will hear on February 15 the maintainability of the petition filed through the Punjab and Haryana Bar challenging CBI's decision to close the much-publicised cash-at-judge's door case.As reported by the Times Of India.

Lawyers connected with the case said Special CBI Court judge Darshan Singh would decide whether the Bar Association carries a locus standi in the case.

Meanwhile, Amrik Singh, a peon at the residence of Justice Nirmaljit Kaur of the Punjab and Haryana High Court and complainant in the case, submitted in his reply to CBI's plea for closure that it was upto the court to "proceed in accordance with law."

Contending that the CBI had sought the cancellation report "only on account of lack of sanction," Singh said that "three reports, one by the Chandigarh administration, the second through the three judges and third from the CBI have all concluded that the money was wrongly delivered at the residence of Justice Nirmaljit Kaur and was in fact meant for Justice Nirmal Yadav (of the High Court)".

"The cancellation report is filed by the CBI only on account of not enough sanction," he said.

The case had rocked the Punjab and Haryana High Court after Rs 15 lakh in cash was "wrongly delivered" at the residence of Justice Nirmaljit Kaur on August 13, 2008 following which she reported the matter to the police.

Justice Nirmal Yadav has denied the allegation how the money was meant for her and was presented with a clean chit earlier this year by a collegium of the Supreme Court.

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Muslim Community criticise SC ruling over second marriage


Muslim Community criticise SC ruling over second marriage

Jaipur

Reacting towards the Supreme Court's ruling, upholding as illegal the second marriage by a Muslim employee of Rajasthan government, a state-based forum of the community today said the order amounted to interference with the Muslim Personal Law. As reported by Press State Of India.

"With due respect to the Supreme Court, we would like to say that the decision is shocking for the Muslim community because it is a direct interference with the Muslim Personal Law recognised from the Constitution," Rajasthan Muslim Forum (RMF) Convener Qari Mueenuddin said.

On January 29, the Supreme Court ruled that if a government employee remarries without permission, the erring persons could lose his job. The SC withheld the decision from the Rajasthan High Court, justifying the termination of a Rajasthan Police Constable Liyaqat Ali as he married second time without divorcing his first wife.

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