Tuesday, May 29, 2012

DR Gangadharan becomes President of IFA

DR Gangadharan becomes President of IFA







We have some happy news to share. Dr KR Gangadharan, popularly known as


Ganga or KRG, of Heritage Hospitals Hyderabad has NOW become the President


of International Federation of Ageing. Even as VP of Asis Pacific Region of


IFA earlier, Dr KRG did a lot of good for Indian seniors. He was the chief guest at 3rd National Convention Of Railway Pensioners Associations at New Jalpaiguri He is credited with starting first geriatric hospital in Hyderabad. He is trainer as a very large number of courses have been conducted for geriatric Nurses,
Bedside attendants, etc. In the coming years we may witness International seminars being hosted in India. He is close to MOSJE and has earned the respect of all Senior Citizen as well as Pensioners Agencies in India. He is also Adviser to AISCCON. He was a member of revision committee on NPOP. He is a member of National Council on Older Persons, GOI.


Let us congratulate him on his much deserved recognition in Global scenario.










DR Gangadharan becomes President of IFA

         DR Gangadharan becomes President of  IFA

We have some happy news to share. Dr KR Gangadharan, popularly known as Ganga or KRG, of Heritage Hospitals Hyderabad has NOW become the President of International Federation of Ageing. Even as VP of Asis Pacific Region of IFA earlier, Dr KRG did a lot of good for Indian seniors. He was the chief guest at 3rd National Convention Of Railway Pensioners Associations at New Jalpaiguri.
He is credited with starting first geriatric hospital in Hyderabad. He is trainer as a very large number of courses have been conducted for geriatric Nurses, Bedside attendants, etc. In the coming years we may witness International seminars being hosted in India. He is close to MOSJE and has earned the respect of all Senior Citizen as well as Pensioners Agencies in India. He is also Adviser to AISCCON. He was a member of revision committee on NPOP. He is a member of National Council on Older Persons, GOI.


Let us congratulate him on his much deserved recognition in Global scenario.





Monday, May 28, 2012

MTNL rapped for shortchanging worker after heart attacks

http://epaper.mailtoday.in/showtext.aspx?boxid=33145187&parentid=68317&issuedate=2852012

MTNL rapped for shortchanging worker after heart attacks
By Rohan Venkataramakrishnan in New Delhi
WILL a person suffering a heart attack race to the hospital or make a prior pit stop at his office to seek the employer’s permission for treatment? This was the poser the Central Administrate Tribunal ( CAT) put to Mahanagar Telephone Nigam Limited ( MTNL) while overturning the public sector undertaking’s decision not to reimburse the medical bills of an employee who had suffered two heart attacks in the span of a week.
Astoundingly, MTNL expected the staff member to notify the company before heading to the emergency room.
CAT has now directed the PSU to pay for the treatment and come down heavily on it for expecting an employee facing a lifethreatening medical emergency to seek consent first. “ A person who has suffered a heart attack will be in panic and his entire family will also be gripped by anxiety,” George Paracken, a judicial member of the tribunal bench, observed. “ When a person is fighting for his life, it is not expected of him or his family to intimate ( the employer) about his admission to the hospital immediately.” Sonepat resident Mahinder Kumar, who works for MTNL, suffered a severe heart attack on June 10, 2010, and was rushed to the nearest hospital. While still in a critical condition, Kumar was moved to another hospital where he ran up a ` 3- lakh bill before being discharged three days later.
On June 17, three days after he had been discharged, he had to be admitted to the hospital again with another cardiac complication.
This time the bill came to ` 1 lakh.
When Kumar resumed duty at MTNL, he submitted the details of his treatment to the company for reimbursement. But his application was rejected because he had not intimated the department regarding his admission in a hospital that was not on the PSU’s panel. “ The respondents ( MTNL) rejected his claim… stating that he got the treatment done from Jaipur Golden Hospital, a nonpanel private institution, and no intimation of his admission to the hospital was submitted to the office. Consequently, the medical inspector could not verify both cases as mandated by the MTNL policy,” the tribunal recorded in its order.
CAT hauled up MTNL for using this “ flimsy” ground to get out of its constitutional duty to bear the medical expenses of its employees. “ The petitioner ( Kumar) had to be operated upon in an emergency as he had suffered a heart problem. In case he had waited for a prior sanction, he might not have survived,” the tribunal noted.
Rapping MTNL for trying to use its medical policy in an “ impractical” and “ arbitrary” manner, the tribunal allowed Kumar’s petition, seeking reimbursement and also awarded him ` 10,000 to meet his legal costs.


Satyamev Jayate - Female Foeticide - 6th May 2012

Satyamev Jayate - Child Sexual Abuse - 13th May 2012

Health care for all sr. citizens


We are thankfull to Amir khan for highlighting corruption in medical profession.
Still many of the  dirty things in this novel professionv remain to be disclosed


Saturday, May 26, 2012

GOVT PLANS TO USE TECHNOLOGY TO LIMIT INFO GIVEN UNDER RTI

• 27 May 2012



• Hindustan Times (Delhi)


• Aloke Tikku letters@hindustantimes.com


GOVT PLANS TO USE TECHNOLOGY TO LIMIT INFO GIVEN UNDER RTI


NEW DELHI: The Centre couldn’t dilute your right to information (RTI) by law. So it’s using technology to do it.


The government has slipped in a provision in its new call-centre project to restrict the electronic system from accepting information requests relating to more than two public authorities in a single application.


This is the fourth instance since 2005 — when the transparency law came into force — of attempts being made to weaken RTI.


The Centre had tried to notify a similar provision in the RTI rules last year, seeking to restrict applications to a single subject and a 250-word limit. The PMO put the move on hold after the Sonia Gandhi-led National Advisory Council expressed reservations.


The department of personnel & training (DOPT) revived the restriction this month. It sought bids from IT firms for setting up a call centre and a web portal to make it easier for people to file RTI requests and the government to handle these.


Laying down the process, the DOPT said that in case the information requested related to more than two public authorities, a person be asked to file another application.


While former information commissioner MM Ansari and Team Anna member Manish Sisodia called the move blatantly wrong, information campaigner Nikhil Dey said: “The online process should be used to make life easier for people, not difficult. They are using a facilitative device to weaken the law.”


The call-centre proposal also asked IT firms to keep a provision in the system to accommodate a change in rule in the future that could require RTI applicants to pay a fee to file an appeal.






SIBAL PLAYS MUSLIM CARD-MAY GOD FORGIVE HIM AS HE DOES NOT KNOW THE HARM HE HE IS CAUSING BY PLAYING COMMUNAL CARD


Minority report



By Ritika Chopra in New Delhi

Sibal wants Muslim kids in pvt schools under EWS


HRD MINISTER Kapil Sibal seems to have donned the role of a rescuer.


A day after he intervened and, apparently, convinced the Delhi Police to go the extra mile to ensure the safety of youngsters from the North- Eastern states, he urged Delhi education minister Arvinder Singh Lovely to improve the representation of Muslim children in private schools of Delhi.


Following the meeting on Thursday, the Delhi government, according to sources, has agreed to change its definition of disadvantaged group to include minorities.

This would allow minorities, including Muslims, to seek admission to private schools under the economically weaker section or EWS quota according to the Right to Education ( RTE) Act.

“ We are definitely considering the inclusion of minorities in our definition of disadvantaged group. In fact, this has been on our mind for a while and the chief minister ( Sheila Dikshit) recently chaired a meeting on improving the access to education for minorities in the Capital,” Lovely said.


“ We are currently checking the legal position on this. If all goes as planned then this change will be part of our rules under the RTE Act which should be released in the two to three weeks. The biggest beneficiaries from the inclusion of minorities should be the Muslim community as they have a sizeable population in the city,” he added.

The issue of under representation of Muslim children in the Capital’s unaided schools was raised in the Rajya Sabha on March 19. According to MPs, many private schools had barely admitted Muslim children to nursery classes this year.

Following the uproar, National Commission for Minorities chief Wajahat Habibullah, who was present at the Thursday meeting, had written to Sibal on the issue.


“ The ( HRD) minister is from Delhi and he felt that he can help as far as Muslim children here are concerned. So he called for a meeting with the Delhi education minister and made suggestions,” a senior HRD ministry official said.

Sibal’s concern could also be traced to his political constituency — Chandni Chowk — which has a significant Muslim population.


“ The RTE Act has an inclusive view of education. He felt that making Muslims eligible for EWS reservation will give them a level playing field,” the official added.


Sources say the HRD minister also suggested that the Delhi government should allow minority foundations to help run government schools in areas where Muslims are in majority.


Schools in the Capital had introduced the EWS quota in 2010. The Act allows the states to frame their own definition of the economically weaker section. In Delhi, for instance, it has been defined in purely economical terms. A child whose parents have a total annual income of less than ` 1 lakh per annum from all sources and has been staying in Delhi for the last three years can seek admission under EWS quota.


According to sources in the Delhi government, if minorities are included in the new definition of EWS, then there could be no income cap on them to avail the benefits.


Schools are wary of such as change.


“ This reservation should be meant for the poor irrespective of their caste and religion and the Delhi government’s rules ensure just that. We have admitted many Muslim children in the EWS category this year. I do not support a change in the definition,” Usha Ram, principal, Laxman Public School, Hauz Khas, said.

“ This is purely the government’s decision. But it should be carefully dealt with and they should ensure that this doesn’t create angst among other backward sections as the admission issue is an extremely sensitive subject,” Ameeta Wattal, principal, Springdales School, Pusa Road, said.


THE EWS QUOTA DEMYSTIFIED

How many seats do private schools have to reserve for EWS, according to RTE Act? Unaided schools should admit children ( at the entry- level) to the extent of at least 25 per cent of the total strength of that class under EWS quota Q. Who fall under EWS and disadvantaged groups? A child belonging to the economically weaker section ( EWS) has to defined by the state governments and has to be based on the minimum income of parents/ guardians.


In Delhi, a child whose parents have a total annual income of less than ` 1 lakh per annum and has been staying in Delhi for the past three years can seek admission under EWS quota.

A child from a disadvantaged group means those from SC/ ST and other socially and educationally backward categories based on cultural, economical, social, geographical, linguistic, gender or other categories that state governments can separately notify






Friday, May 25, 2012

EPF& PENSION: HOW IT WORKS


EPF& PENSION: HOW IT WORKS
Deepti Bhaskaran
May 26.05.2012
You know that every month you park 12% of your basic plus dearness allowance (DA) in your Employees' Provident Fund (EPF) account and your employer pitches in the same amount. But a part of your employer's contribution goes into a defined pension product called the Employees' Pension Scheme (EPS).
HOW DOES IT WORK?
As per the EPS, 1995, the employer needs to contribute 8.33% of your salary. But usually your employer contributes only up to Rs 541 per month, 8.33% of  Rs 6,500, irrespective of your salary, to your EPS account. That is because according to EPS 1995, the maximum pen­sionable salary is restricted to Rs 6,500,
WHEN DOES EPS DELIVER?
You are entitled to pension under EPS when you turn 58 years' of  age and after 10 years of continuous service. Since EPS is a defined pension prod­uct, the amount of pension you get depends upon a fixed formu­la, which is average monthly salary of the last year of service multiplied by the number of years of service divided by 70.
HOW TO MAKE THE MOST OF YOUR EPS
A little known fact about EPS is that you can bump up your pen­sion by agreeing to contribute more into your EPS account. If you and your employer decide to contribute not just 8.33% of Rs 6,500 but of the entire basic salary, you get a monthly pen­sion which is based on the actual basic salary drawn by you. But the system is fraught with administrative roadblocks. Transferring your EPF accounts or tracking the scheme certifi­cate can be very tedious.

EPFO defers decision on minimum monthly pension of Rs 1,000



The Economic Times



25 MAY, 2012, 06.31PM IST, AMITI SEN,ET BUREAU


EPFO defers decision on minimum monthly pension of Rs 1,000







NEW DELHI: The government yet again deferred a decision on raising minimum pension for organised sector employees to Rs 1,000 per month as the labour ministry struggled to persuade workers, employers and the finance ministry to share the financial burden.






The Central Board of Trustees, the key policy making body for the employees provident fund organisation or the EPFO, which met on Friday, also deferred a decision on approval sought by Reliance Capital Asset Management for proposed acquisition of 26% of its equity stake by Nippon life insurance company of Japan.






"We have requested employers, employees and the government - all three together (that) if they contribute a small amount each, that will solve the problem," labour minister Mallikarjun Kharge told reporters.






The EPFO's suggestion that employees either sacrifice the bonus they get if they remain a subscriber for 20 years or allow eligibility age for pension to be raised from the current 58 years to 60 years to fund the proposal was rejected by trade unions.






"Trade unions opposed the proposal as it would put the entire burden of funding the increase in minimum pension on workers," said AITUC secretary D L Sachdev.






As per calculations by an expert committee on pensions, a hike to the tune of 0.63% of basic wages in total contribution to EPS is required in addition to present contribution of 8.33% by employers' and 1.16% by the Centre to fund the increase in minimum pension.






Of total 35 lakh pensioners in the country, about 12.8 lakh get less than Rs 500 per month while about 15 lakh get pension ranging between Rs 500 and Rs 1,000. Only about 7.3 lakh of pensioners get a pension of more than Rs 1,000.






Kharge said he had already asked the finance ministry to contribute and would continue the discussion in order to speed up a decision on the issue. "We are working out some proposal and we will put it before the government," Kharge said.





For babus, fuel frozen at Rs. 24 a litre

For babus, fuel frozen at Rs. 24 a litre



Aloke Tikku, Hindustan Times


New Delhi, May 26, 2012

This certainly won’t help swallow the bitter petrol-hike pill. Petrol prices have tripled for the common man in the last 13 years but the country’s top civil servants haven’t had to deal with a fuel hike since 1999. Senior government officials pay a measly Rs. 700 every month to use


their air-conditioned official cars for private purposes.


This amount was last fixed in 1999, when petrol went for Rs. 23.80 a litre in Delhi. Wednesday’s hike, which took the price of the fuel to Rs. 73.18, was the 65th revision in the last 13 years.


If government officials had to pay for the fuel from their pockets now, R700 would take them no further than 70-100 km, depending on what chauffeur-driven car they use.


This charge was introduced in 1994 to legalise personal use of staff cars by secretary-level officers.


“It is not an unlimited concession. There is an upper limit of 500 km a month,” a government official said. But he acknowledged this limit could be “managed” in the logbooks.


Another pointed out, in a lighter vein, that there was an advantage in insulating the bureaucracy from spikes in petrol prices.


"It helps them take decisions in public interest without having to worry about its impact on their household budgets," he remarked.


Incidentally, the concessional charge was fixed in the context of a secretary-rank officer getting a monthly salary of Rs. 26,000 (plus dearness allowance). By now, the fixed scale has increased three-fold to Rs.80,000.


Thursday, May 24, 2012

Stamp Papers valid even after six month of Purchase


Stamp Papers valid even after six month of Purchase
Friday, May 25, 2012, 0:48
Finance
Judiciary



According to  Supreme Court Judgement dated 19-02-2008 in the case of  Thiruvengada Pillai vs. Navaneethammal and Anr., the stamp papers do not have any expiry period. Relevant extract from SC judgement is reproduced herein below:


The Indian Stamp Act, 1899, nowhere prescribes any expiry date for use of a stamp paper. Section 54 merely provides that a person possessing a stamp paper for which he has no immediate use (which is not spoiled or rendered unfit or useless), can seek refund of the value thereof by surrendering such stamp paper to the Collector provided it was purchased within the period of six months next preceding the date on which it was so surrendered. The stipulation of the period of six months prescribed in Section 54 is only for the purpose of seeking refund of the value of the unused stamp paper, and not for use of the stamp paper. Section 54 does not require the person who has purchased a stamp paper, to use it within six months. Therefore, there is no impediment for a stamp paper purchased more than six months prior to the proposed date of execution, being used for a document.


SUPREME COURT OF INDIA

Thiruvengada Pillai 

Vs. 

Navaneethammal & Anr. [2008]

19 February 2008

ORDER


R. V. Raveendran & P.Sathasivam R. V. Raveendran, J. 


This appeal by special leave is by the plaintiff in a suit for specific performance – OS No.290/1980 on the file of District Munsiff, Tindivanam. Pleadings


2. In the plaint, the plaintiff (appellant) alleged that the first defendant (Adilakshmi) agreed to sell the suit schedule property to him under an agreement of sale dated 5.1.1980 for a consideration of Rs.3,000/-, and received Rs.2,000/- as advance. She agreed to execute a sale deed by receiving the balance consideration of Rs.1,000/- within three months.


Possession of the suit property was delivered to him, under the said agreement. He issued a notice dated 14.2.1980 calling upon the first defendant to receive the balance price and execute the sale deed. The first defendant sent a reply denying the agreement. To avoid performing the agreement of sale, the first defendant executed a nominal sale deed in regard to the suit property in favour of the second defendant (first respondent herein), who was her close relative. The said sale was neither valid nor binding on him. On the said averments, he sought specific performance of the agreement of sale, against the defendant, alleging that he was ready and willing to perform his part of the contract.


3. The defendants denied the allegation that the first defendant had executed an agreement of sale dated 5.1.1980 in favour of the plaintiff or that she had delivered possession of the suit property to him. They contended that plaintiff had concocted and forged the document with the help of his henchmen to defraud the defendants. They claimed that the first defendant had executed a valid sale deed dated 11.2.1980 in favour of the second defendant and had delivered possession of the suit property to her; and that the second defendant had put up a hut in the schedule property and was actually residing therein. The second defendant raised an additional contention that she was a bona fide purchaser for value and therefore, the sale in her favour was valid.


4. During the pendency of the suit first defendant died, and the third defendant (second respondent herein) was impleaded as her legal representative, who adopted the written statement of the second defendant.


Issues and the Judgment 


5. On the said pleadings, three issues were framed by the trial court :


(i) whether the agreement put forth by the plaintiff was true or concocted ?


(ii) whether the second defendant had purchased the suit property for valid consideration ? and


(iii) whether the plaintiff was entitled to the relief of specific performance ?


The plaintiff examined himself as PW-1 and the scribe of the agreement (Ramaswami Pillai) as PW-2 and an attesting witness to the sale agreement (Venkatesha Pillai) as PW-3. The agreement of sale was exhibited as Ex. A-1. The notice and reply were marked as Ex. A2 and A4. The second defendant, (purchaser of the site), gave evidence as DW-1 and the third defendant, who was also a witness to the sale deed dated 11.2.1980, was examined as DW-2. The sale deed dated 11.2.1980 executed by first defendant in favour of second defendant was marked as Ex.B2 and previous title deed was exhibited as Ex. B4. The plaintiff and his witnesses gave evidence that the sale agreement was duly executed by first defendant in favour of plaintiff. The defendants gave evidence about the sale in favour of second defendant and denied execution of any agreement of sale in favour of plaintiff.


6. The trial court after appreciating the evidence, dismissed the suit by judgment and decree dated 28.2.1984. It held that the agreement of sale put forth by plaintiff was false and must have been created after the sale on 11.2.1980 in favour of second defendant, by using some old stamp papers in his possession. The said finding was based on the following facts and circumstances :


(a) The sale agreement (A-1) was not executed on currently purchased stamp paper, but was written on two stamp papers, one purchased on 25.8.1973 in the name of Thiruvengadam and another purchased on 7.8.1978 in the name of Thiruvengadam Pillai.


(b) The two attestors to the agreement were close relatives of plaintiff. One of them was Kannan, brother of the plaintiff and he was not examined. The other was Venkatesa Pillai, uncle of plaintiff examined as PW3. The scribe (PW-2) was a caste-man of plaintiff. Their evidence was not trustworthy.


(c) Though the agreement of sale recited that the possession of the suit property was delivered to plaintiff, no such possession was delivered. On the other hand, the second defendant was put in possession on execution of the sale deed and she put up a thatched hut in the schedule property and was in actual physical possession. This falsified the agreement.


(d) If really there was an agreement of sale, in the normal course, the plaintiff would have obtained the title deeds from the first defendant. But the earlier title deeds were not delivered to him. On the other hand, they were delivered to the second defendant who produced them as Ex.B3 and Ex.B4.


(e) In spite of defendants denying the agreement (Ex.A1), the plaintiff failed to discharge his onus to prove that execution of the agreement as he did not seek reference to a fingerprint expert to establish that the thumb impression on the agreement was that of the first defendant.


The first & second appeals 


6. Feeling aggrieved, the plaintiff filed an appeal before the Sub-Court, Tindivanam. The first appellate court allowed the plaintiff’s appeal by judgment dated 12.1.1987, held that the agreement of sale was proved and decreed the suit granting specific performance. The following reasons were given by the first appellant court in support of its finding :


(a) The evidence of PW1 (plaintiff), the scribe (PW2) and the attestor (PW3) proved the due execution of the agreement by the first defendant. As the scribe (PW2) was not related to plaintiff and as PW3 was not a close relative of plaintiff, their evidence could not have been rejected.


(b) The burden of proving that the agreement of sale was concocted and forged was on the defendants and they ought to have taken steps to have the document examined by a Finger Print expert, to establish that the disputed thumb mark in the agreement of sale (Ex.A1), was different from the admitted thumb mark of the first defendant in the sale deed (Ex.B2). They failed to do so.


(c) There appeared to be no marked difference between the finger impression in the agreement of sale (Ex.A1) and the finger impression in the sale deed in favour of the second defendant (Ex.B2), on a perusal of the said two documents. Therefore, it could be inferred that first defendant had executed the agreement.


(d) Execution of the agreement of sale on two stamp papers purchased on different dates, did not invalidate the agreement.


8. Being aggrieved, the second defendant filed a second appeal. The High Court allowed the second appeal and dismissed the suit, by judgment dated 17.2.1999. The High Court while restoring the decision of the trial court held that the agreement of sale was not genuine for the following reasons:


(i) The first appellate court had placed the onus wrongly on the defendants to prove the negative. As the first defendant denied execution of the agreement, the burden of establishing the execution of document, was on the plaintiff. The plaintiff had failed to establish by acceptable evidence that Ex. A-1 was a true and valid agreement of sale. The evidence, examined as a whole, threw considerable doubt as to whether it was truly and validly executed.


(ii) A perusal of the agreement (Ex.A1) showed that the thumb impression was very pale and not clear. The first appellate court could not, by a casual comparison of the disputed thumb impression in the agreement with the admitted thumb impression in the sale deed, record a finding that there were no marked differences in the thumb impressions in the two documents (Ex.A1 and Ex.B2). In the absence of an expert’s opinion that the thumb impression on the agreement of the sale was that of the first defendant, the first appellate court ought not to have concluded that the agreement of sale was executed by the first defendant.


(iii) In the normal course, an agreement would be executed on stamp papers purchased immediately prior to the execution of the agreement. The fact that the agreement was written on two stamp papers bearing the dates 25.8.1973 and 7.8.1978 purchased in two different names showed that it was not genuine, but was anti-dated and forged.


(iv) The attesting witnesses to the agreement of sale were close relatives of plaintiff. Their evidence was not trustworthy.


Points for consideration 


8. The said judgment of the High Court is challenged in this appeal by special leave. The appellant contended that having regard to the provisions of Evidence Act, 1872, there was nothing improper in the first appellate court comparing the disputed thumb impression in Ex. A-1 with the admitted thumb impression of first defendant in Ex. B-2; and the finding of the first appellate court on such comparison, that there were no marked differences between the two thumb impressions, being a finding of fact, was not open to interference in second appeal. It was next contended that the execution of the agreement of sale was duly proved by the evidence of plaintiff (PW1), the scribe (PW-2) and one of the attesting witnesses (PW3). It was pointed out there was no evidence to rebut the evidence of PW1, PW2 and PW3 regarding due execution as first defendant died without giving evidence, and as the defendants did not seek reference to a finger print expert to prove that the thumb impression on the agreement of sale was not that of first defendant. It was submitted that an agreement cannot be doubted or invalidated merely on account of the fact that the two stamp papers used for the agreement were purchased on different dates. The Appellant therefore submitted that the sale agreement was duly proved.


9. On the contentions urged, the following questions arise for consideration:


(i) Whether the agreement of sale executed on two stamp papers purchased on different dates and more than six months prior to date of execution is not valid?


(ii) Whether the first appellate court was justified in comparing the disputed thumb impression with the admitted thumb impression and recording a finding about the authenticity of the thumb impression, without the benefit of any opinion of an expert?


(iii) Whether the High Court erred in reversing the judgment of the first appellate court in second appeal? Re : Question (i)


11. The Trial Court and the High Court have doubted the genuineness of the agreement dated 5.1.1980 because it was written on two stamp papers purchased on 25.8.1973 and 7.8.1978. The learned counsel for first respondent submitted that apart from raising a doubt about the authenticity of the document, the use of such old stamp papers invalidated the agreement itself for two reasons. Firstly, it was illegal to use stamp papers purchased on different dates for execution of a document. Secondly, as the stamp papers used in the agreement of sale were more than six months old, they were not valid stamp papers and consequently, the agreement prepared on such ‘expired’ papers was also not valid. We will deal with the second contention first. The Indian Stamp Act, 1899 nowhere prescribes any expiry date for use of a stamp paper. Section 54 merely provides that a person possessing a stamp paper for which he has no immediate use (which is not spoiled or rendered unfit or useless), can seek refund of the value thereof by surrendering such stamp paper to the Collector provided it was purchased within the period of six months next preceding the date on which it was so surrendered. The stipulation of the period of six months prescribed in section 54 is only for the purpose of seeking refund of the value of the unused stamp paper, and not for use of the stamp paper. Section 54 does not require the person who has purchased a stamp paper, to use it within six months.


Therefore, there is no impediment for a stamp paper purchased more than six months prior to the proposed date of execution, being used for a document.


12. The Stamp Rules in many States provide that when a person wants to purchase stamp papers of a specified value and a single stamp paper of such value is not available, the stamp vendor can supply appropriate number of stamp papers required to make up the specified value; and that when more than one stamp paper is issued in regard to a single transaction, the stamp vendor is required to give consecutive numbers. In some States, the rules further require an endorsement by the stamp vendor on the stamp paper certifying that a single sheet of required value was not available and therefore more than one sheet (specifying the number of sheets) have been issued to make up the requisite stamp value. But the Indian Stamp Rules, 1925 applicable to Tamil Nadu, do not contain any provision that the stamp papers of required value should be purchased together from the same vendor with consecutive serial numbers. The Rules merely provide that where two or more sheets of paper on which stamps are engraved or embossed are used to make up the amount of duty chargeable in respect of any instrument, a portion of such instrument shall be written on each sheet so used. No other Rule was brought to our notice which required use of consecutively numbered stamp papers in the State of Tamil Nadu. The Stamp Act is a fiscal enactment intended to secure revenue for the State. In the absence of any Rule requiring consecutively numbered stamp papers purchased on the same day, being used for an instrument which is not intended to be registered, a document cannot be termed as invalid merely because it is written on two stamp papers purchased by the same person on different dates. Even assuming that use of such stamp papers is an irregularity, the court can only deem the document to be not properly stamped, but cannot, only on that ground, hold the document to be invalid. Even if an agreement is not executed on requisite stamp paper, it is admissible in evidence on payment of duty and penalty under section 35 or 37 of the Indian Stamp Act, 1899. If an agreement executed on a plain paper could be admitted in evidence by paying duty and penalty, there is no reason why an agreement executed on two stamp papers, even assuming that they were defective, cannot be accepted on payment of duty and penalty. But admissibility of a document into evidence and proof of genuineness of such document are different issues.


13. If a person wants to create or a back-dated agreement, the first hurdle he faces is the non-availability of stamp paper of such old date. Therefore tampering of the date of issue and seal affixed by the stamp vendor, as also the entries made by the stamp vendor, are quite common in a forged document. When the agreement is dated 5.1.1980, and the stamp papers used are purchased in the years 1973 and 1978, one of the possible inferences is that the plaintiff not being able to secure an anti-dated stamp paper for creating the agreement (bearing a date prior to the date of sale in favour of second defendant), made use of some old stamp papers that were available with him, to fabricate the document. The fact that very old stamp papers of different dates have been used, may certainly be a circumstance that can be used as a piece of evidence to cast doubt on the authenticity of the agreement. But that cannot be a clinching evidence. There is also a possibility that a lay man unfamiliar with legal provisions relating to stamps, may bona fide think that he could use the old unused stamp papers lying with him for preparation of the document and accordingly use the old stamp papers.


Re : Point No.(ii)


14. Section 45 of the Indian Evidence Act, 1872 relates to ‘opinion of experts’. It provides inter alia that when the court has to form an opinion as to identity of handwriting or finger impressions, the opinion upon that point of persons specially skilled in questions as to identity or handwriting or finger impressions are relevant facts. Section 73 provides that in order to ascertain whether a finger impression is that of the person by whom it purports to have been made, any finger impression admitted to have been made by that person, may be compared with the one which is to be proved.


These provisions have been the subject matter of several decisions of this Court.


14.1) In The State (Delhi Administration) v. Pali Ram [1979 (2) SCC 158] this Court held that a court does not exceed its power under section 73 if it compares the disputed writing with the admitted writing of the party so as to reach its own conclusion. But this Court cautioned:


“Although there is no legal bar to the Judge using his own eyes to compare the disputed writing with the admitted writing, even without the aid of the evidence of any handwriting expert, the Judge should, as a matter of prudence and caution, hesitate to base his finding with regard to the identity of a handwriting which forms the sheet-anchor of the prosecution case against a person accused of an offence, solely on comparison made by himself. It is therefore, not advisable that a Judge should take upon himself the task of comparing the admitted writing with the disputed one to find out whether the two agree with each other; and the prudent course is to obtain the opinion and assistance of an expert.”


The caution was reiterated in O. Bharathan vs. K. Sudhakaran 1996 (2) SCC 704. Again in Ajit Savant Majagvai v. State of Karnataka [1997 (7) SCC 110] referring to section 73 of the Evidence Act, this Court held :


“The section does not specify by whom the comparison shall be made.


However, looking to the other provisions of the Act, it is clear that such comparison may either be made by a handwriting expert under Section 45 or by anyone familiar with the handwriting of the person concerned as provided by Section 47 or by the Court itself.


As a matter of extreme caution and judicial sobriety, the Court should not normally take upon itself the responsibility of comparing the disputed signature with that of the admitted signature or handwriting and in the event of the slightest doubt, leave the matter to the wisdom of experts. But this does not mean that the Court has not the power to compare the dispute signature with the admitted signature as this power is clearly available under Section 73 of the Act.”


14.2) In Murari Lal v. State of Madhya Pradesh – 1980 (1) SCC 704, this Court indicated the circumstances in which the Court may itself compare disputed and admitted writings, thus :


“The argument that the court should not venture to compare writings itself, as it would thereby assume to itself the role of an expert is entirely without force. Section 73 of the Evidence Act expressly enables the court to compare disputed writings with admitted or proved writings to ascertain whether a writing is that of the person by whom it purports to have been written. If it is hazardous to do so, as sometimes said, we are afraid it is one of the hazards to which judge and litigant must expose themselves whenever it becomes necessary. There may be cases where both sides call experts and the voices of science are heard. There may be cases where neither side calls an expert, being ill able to afford him. In all such cases, it becomes the plain duty of the court to compare the writings and come to its own conclusions. The duty cannot be avoided by recourse to the statement that the court is no expert. Where there are expert opinions, they will aid the court. Where there is none, the court will have to seek guidance from some authoritative textbook and the court’s own experience and knowledge. But discharge it must, its plain duty, with or without expert, with or without other evidence.”


The decision in Murari Lal (supra) was followed in Lalit Popli v. Canara Bank & Ors. [2003 (3) SCC 583].


15. While there is no doubt that court can compare the disputed handwriting/signature/finger impression with the admitted handwriting/ signature/finger impression, such comparison by court without the assistance of any expert, has always been considered to be hazardous and risky. When it is said that there is no bar to a court to compare the disputed finger impression with the admitted finger impression, it goes without saying that it can record an opinion or finding on such comparison, only after an analysis of the characteristics of the admitted finger impression and after verifying whether the same characteristics are found in the disputed finger impression.


The comparison of the two thumb impressions cannot be casual or by a mere glance. Further, a finding in the judgment that there appeared to be no marked differences between the admitted thumb impression and disputed thumb impression, without anything more, cannot be accepted as a valid finding that the disputed signature is of the person who has put the admitted thumb impression. Where the Court finds that the disputed finger impression and admitted thumb impression are clear and where the court is in a position to identify the characteristics of finger prints, the court may record a finding on comparison, even in the absence of an expert’s opinion. But where the disputed thumb impression is smudgy, vague or very light, the court should not hazard a guess by a casual perusal. The decision in Muralilal (supra) and Lalit Popli (supra) should not be construed as laying a proposition that the court is bound to compare the disputed and admitted finger impressions and record a finding thereon, irrespective of the condition of the disputed finger impression. When there is a positive denial by the person who is said to have affixed his finger impression and where the finger impression in the disputed document is vague or smudgy or not clear, making it difficult for comparison, the court should hesitate to venture a decision based on its own comparison of the disputed and admitted finger impressions. Further even in cases where the court is constrained to take up such comparison, it should make a thorough study, if necessary with the assistance of counsel, to ascertain the characteristics, similarities and dissimilarities. Necessarily, the judgment should contain the reasons for any conclusion based on comparison of the thumb impression, if it chooses to record a finding thereon. The court should avoid reaching conclusions based on a mere casual or routine glance or perusal.


16. In this case the first defendant had denied having put her finger impression on Ex. A-1. She died during the pendency of the suit before her turn came for giving evidence. The High Court having examined the document has clearly recorded the finding that the thumb mark in Ex. A-1 was pale (that is light) and not clear. The document though dated 1980, was executed on two stamp papers which were purchased in 1973 and 1978.


Contrary to the recital in the agreement that possession had been delivered to the plaintiff, the possession was not in fact delivered to plaintiff, but continued with the first defendant and she delivered the possession to the second defendant. The title deeds were not delivered to plaintiff. The attesting witnesses were close relatives of plaintiff and one of them was not examined. The scribe’s evidence was unsatisfactory. It was also difficult to believe that the first defendant, an illiterate old woman from a village, would enter into an agreement of sale on 5.1.1980 with plaintiff, and even when he is ready to complete the sale, sell the property to someone else hardly a month thereafter, on 11.2.1980. In this background, the finding by the first appellant court, recorded without the benefit of any expert opinion, merely on a casual perusal, that there appeared to be no marked differences between the two thumb impressions, and therefore Ex. A-1 (sale agreement) must have been executed by first defendant, was unsound. The High Court was justified in interfering with the finding of the first appellate court that the Ex.A1 was executed by first defendant.


Re : Point No.(iii)


17. The trial court had analyzed the evidence properly and had dismissed the suit by giving cogent reasons. The first appellate court reversed it by wrongly placing onus on the defendants. Its observation that when the execution of an unregistered document put forth by the plaintiff was denied by the defendants, it was for the defendants to establish that the document was forged or concocted, is not sound proposition. The first appellate court proceeded on the basis that it is for the party who asserts something to prove that thing; and as the defendants alleged that the agreement was forged, it was for them to prove it. But the first appellate court lost sight of the fact that the party who propounds the document will have to prove it. In this case plaintiffs came to court alleging that the first defendant had executed an agreement of sale in favour. The first defendant having denied it, the burden was on the plaintiff to prove that the first defendant had executed the agreement and not on the first defendant to prove the negative. The issues also placed the burden on the plaintiff to prove the document to be true. No doubt, the plaintiff attempted to discharge his burden by examining himself as also scribe and one of the attesting witnesses. But the various circumstances enumerated by the trial court and High Court referred to earlier, when taken together, rightly create a doubt about the genuineness of the agreement and dislodge the effect of the evidence of PW 1 to 3. We are therefore of the view that the decision of the High Court, reversing the decision of the first appellate court, does not call for interference.


18. We, therefore, find no merit in this appeal and the same is accordingly dismissed. Parties to bear their respective costs.

Monday, May 21, 2012

AIRRF Sabermati Honours O.P.Kumar President RREWA & E.C.member BPS

AIRRF Sabermati Honours O.P.Kumar President RREWA & E.C.member BPS




Breaking news

Breaking news



UNION OF INDIA & ORS. VS. CENTRAL GOVERNMENT SAG & ORS. – W.P (C) NO. 1535/2012



No hearing today case adjourned till after vacation

Saturday, May 19, 2012

Grandpa tilts scale of justice for dad in custody row

http://epaper.mailtoday.in/showtext.aspx?boxid=3041375&parentid=68044&issuedate=2052012

Grandpa tilts scale of justice for dad in custody row



By Mail Today Bureau in New Delhi

IN what would remind one of a scene from an Amitabh Bachchan- starrer, a somewhat evenly poised custody battle between a couple ended in favour of the husband because he has his father living with him.


The Supreme Court recently granted custody of two sons to the father after noting that the grandfather of the children would be in a position to look after the children and infuse good cultural values in them.


The battle till the high court was evenly poised with the father getting custody of the elder son aged 15 and the mother getting custody of the younger son, who was nine years old then. The high court had granted custody of the younger son to the mother after noting that she would be in a better position to understand the needs of such a young child.


The mother submitted that the father was an IAS officer and, presently occupying a stressful position in Jammu and Kashmir, would leave the children in the care of servants. She also pointed out that the children were studying in a good school in Delhi and would not get a better school in the state.


The case tilted in favour of the father after he submitted before the Supreme Court that he had his father, who retired as a professor, living with him who can take care of the children.


This could be seen as a replay of a film of yesteryears in which Bachchan, boasting about properties he had amassed in life, is left spellbound when his screen brother stresses that his asset was his mother.


Among other things, the Supreme Court noted that the two sons were close to each other and it would not be just and proper to separate them.


Coming to the final decision, the court recognised the contribution of the grandparents to the family and decided to consider the presence of a grandparent as one of the parameters for deciding as to where the welfare of the children would be best served.


“ Normally, grandparents can spare more time for their grandchildren and especially the company of well- educated grandparents would not only help the children in their studies but also help them imbibe cultural and moral values,” the court observed.

“ We are sure the appellant father, who is a member of the Indian Administrative Service and is a well- groomed person, with the help of his father, a professor, will be able to take very good care of the children,” the court said.






















BEWARE of Touts

http://epaper.mailtoday.in/showtext.aspx?boxid=22957750&parentid=68012&issuedate=2052012

‘ Poster boys’ help patients shake off Capital touts







By Neetu Chandra in New Delhi


EVERY day, a number of people fall prey to touts and middlemen.
In most cases the touts take advantage of their gullibility to dupe them of their money.
Railway stations and hospitals are some areas where such cases are more prevalent.
But now the authorities at Guru Ballabh Pant ( GB Pant) hospital have hit upon a plan to make the public aware of such fraudsters who fool patients by promising them various services in return of money.
The GB Pant administration has put up posters at various places inside the hospital premises urging people to be careful of such touts. The posters are accompanied by photographs of those who have been caught in the past and handed over to the police. These touts have been known to demand money for helping patients consult doctors, carry out tests and find them beds.


“ Beware! There are some people roaming in the hospital premises carrying fake identity cards and are without hospital dresses. They are duping patients and their relatives. There are many touts roaming around in the hospital.

Beware of them. We need your help in catching them,” the posters claim.
Such posters abound outside the outpatient department ( OPD) wards in the hospital along with photographs of those who have been caught by the authorities.


As the flow of patients in the hospital increases, getting hold of a doctor for consultation becomes increasingly difficult.
Often people have to wait for hours. It is here that the touts step in. They charge anywhere near ` 500 for helping a patient find a doctor for consultation and ` 1,000 and beyond for getting the person a hospital bed.


“ We doubt some hospital employees are involved in this,” Sunil Sood, general secretary of the GB Pant hospital employees union, said.


There’s another poster which carries details of a person named Raju. The poster shows him with a fake hospital identity card and mentions that he was caught in March 2011 duping patients.


“ He was found duping patients claiming to be an employee of the hospital.


After he was caught, we handed him over to the police,” the poster reads.
Sood said the touts target those patients who are in dire need of treatment.


“ Because of the shortage of beds and heavy rush in the hospital, the patients are forced to wait. It is then that these touts strike, taking advantage of the patients’ eagerness to beat the rush. They fix up a deal with some hospital staff and facilitate the treatment.

This has to be tackled seriously.


That’s why we asked hospital authorities to put up posters all over the hospital to make patients and their relatives aware of such malpractices so that they don’t get duped,” Sood said.
Run by the Delhi government, GB Pant hospital is a tertiary care referral centre meant to provide state of the art superspecialty medical and surgical care in the field of cardiology, cardio- thoracic surgery, neurology, neuro- surgery, gastroenterology, gastrointestinal surgery and psychiatry.


On an average, 2,000 patients attend the OPD daily. Hundreds of patients come from outside Delhi and they are the ones most sought after for the touts.


“ Wary of these touts, we thought of putting up posters informing the patients of the same.


We have also added photos and names of those who have been caught in the past.


We want to maintain transparency so that we can provide the best possible healthcare to the patients,” a senior administrative official said.

‘ Because of shortage of beds & heavy rush, patients are forced to wait. It is then that these touts take advantage’

BEWARE


On an average, up to 2,000 patients attend the OPD at GB Pant hospital


Touts take advantage of the rush to charge anywhere near ` 500 for helping a patient find a doctor for consultation and ` 1,000 and beyond for getting the person a hospital bed

Hospital authorities have now put up posters warning patients and their relatives not to get duped by touts


Involvement of some hospital staff is suspected in this malpractice






















Having A Positive Attitude In The Latter Years Of Life / Video

Saturday, May 12, 2012

The Hindu : News / National : Parishad to intensify campaign for universal old-age pension

The Hindu : News / National : Parishad to intensify campaign for universal old-age pension



States to be urged to adopt resolutions for pension to elderly
Following up its five-day dharna here, the Pension Parishad has decided to intensify political mobilisation for pressing its demand for universal old age pension.
Several political leaders addressed the demonstrators during the dharna and the Parishad leaders called on President Pratibha Patil to elicit her support.
On Saturday, a delegation will call on UPA chairperson Sonia Gandhi, who is also the chairperson of the National Advisory Council (NAC).
Leaders from political parties including the Congress, the BJP, the Communist Party of India (Marxist), the Communist Party of India, the Samajwadi Party, Trinamool Congress, the Nationalist Congress Party, the Biju Janata Dal, the Janata Dal (United), the Rashtriya Janata Dal and the Lok Janshakti Party have supported their demand for universal pension as a matter of entitlement and an honourable monthly payment.
Rural Development Minister Jairam Ramesh intends to propose a raise in the old age pension from Rs. 200 to Rs. 500 per month and remove the distinction between Below Poverty Line and the Above Party Line and extend the scope of the pension network.
Parishad convenors Baba Adhav and Aruna Roy along with economists Prabhat Patnaik and Ravi Srivastava and social activist Vimla said they would wait for the government's response till August 15 before deciding on their next course of action.
Till then they will visit States and districts to mobilise political support for a social security network for about 10 crore people who have nothing to fall back on once they stop working.

AIM OF CAMPAIGN

The most critical thrust of their campaign is to urge the gram panchayats to adopt resolutions at their gram sabhas supporting the demands for a pension of Rs. 2,000 per individual. The block samitis and the urban bodies too will be urged to adopt similar resolutions.
The parishad will also approach the State governments to adopt resolutions to ensure a universal pension to the elderly as a matter of right and dignity.
Its leaders pointed out that those above the age of 60 constituted 10 percent of the population and 14 percent of the electoral rolls, which political parties could ill afford to ignore.
Mr. Adhav said a parishad team intended to call on Prime Minister Manmohan Singh seeking immediate steps to address this problem and render social justice.
NOTE /: I am happy to note the thread 'Elderly Vote Power' which I started in 2003 is now picking up. In fact this is the Panacea for all ills of Sr. Citizens & Pensioners
Er. S.C.Maheshwari