Saturday, July 10, 2010

Women can do EVERYTHING for ANYTHING – Marry father and son to get canadian immigration

For Canadian immigration, Punjab woman marries father, son

CHANDIGARH: This is one idea that may not have struck even story writers in Bollywood. In her desperate bid to get Canadian immigration, a woman from Punjab conned a millionaire father as well as his son into marrying her.
But her plans seem to have gone awry with not only the NRI father-son duo but also the Chandigarh Police now looking for her.
Cases against her include cheating two men in marriage, getting a fake passport made with forged documents and even involvement in a murder case in Uttar Pradesh. Chandigarh Police's operations cell officials do not rule out her links with terrorists either.
The 'mystery' of the woman, Priya Inder Kaur, has baffled the father-son duo and Chandigarh Police as not much is known about her. The woman is on the run after dumping them and eloping with yet another man.
Kaur married NRI Rajinder Singh Mann, aged around 60 years, in 2001 after staying in his house in Chandigarh's upscale Sector 11 as a tenant for a few months.
It all began after Mann, who had divorced his Canadian wife earlier, started living in Chandigarh in 2001. That's when he met Kaur who came to stay in his house as a tenant. Mann tried to get her antecedents verified but when he failed to do so, he turned her out of the house.
The woman approached him again a few months later and sought help with a job. Taking 'pity' on her, Mann employed her as a helper in his house. The two became close and married in September 2001.
"She thought that being an NRI, I would take her to Canada. But when I told her that I had no plans of going back to Canada soon, she started behaving weirdly and finally divorced me in February 2002," Mann said.
Mann did not hear from Kaur for over two years after that.
In 2004, she came to his house again. Since Mann was not at home, she met his son, Rajan Mann, born from the marriage to his Canadian wife. On learning that Rajan was a Canadian citizen, Kaur befriended him over the next few weeks.
"They went to Leh for a holiday and later got married. She did not let him (Rajan) know that she had earlier married and divorced me. She thought that Rajan would take her to Canada after the marriage. I was staying in my house in Kasauli (Himachal Pradesh) at that time," Mann said.
When Mann came to know of his son's marriage to Kaur and told his son about the earlier marriage, Rajan was shocked and divorced her.
Having lodged a complaint of cheating and forgery against Kaur, Mann and his son came to know that she had even approached the Canadian embassy in New Delhi to work out her immigration to Canada as Rajan's wife.
Operations cell investigating officer Malkit Singh told IANS: "We are investigating the matter. It is a serious matter. All her given addresses have not led us anywhere. Neither she nor her family members live there."
Police officials say that Kaur was also wanted for her involvement in a murder case in Uttar Pradesh.

http://timesofindia.indiatimes.com/articleshow/6138012.cms

Witness in criminal case can't be recalled with change of lawyer: HC

Witness in criminal case can't be recalled with change of lawyer: Delhi HC

The Delhi High Court has said a witness in a criminal case cannot be recalled for cross examination in case the accused engaged a new lawyer for argument in his case and dismissed a petition filed by a man. "Once a witness has been cross examined, the witness cannot be recalled for further cross examination because the subsequent counsel, engaged by the accused , has the hunch that some more could have been extracted from the witness and that some questions were left out by the previous counsel," said Justice Shiv Narayan Dhingra in a recent judgement.

"A fair trial means fair to the accused, fair to the society and fair to the witnesses. If the rights of the accused are to be protected by the criminal justice system, the rights of the victim and witnesses are not to be ignored and rejected by this court....," the court said.

"....Accused has a liberty to change his counsel according to his pocket and if his pocket allows, he may change his counsel 10 times and every new counsel would be more competent than the previous counsel. If this goes on, no trial can come to an end.

The Court said "this power has not been given to the court to be used as a tool by the accused for recalling a witness on change of every new counsel" and dismissed a plea filed by one Mukeem, whose application for recalling of a woman witness in the case, was  dismissed by the trial court on May 7.

http://www.hindustantimes.com/Witness-in-criminal-case-can-t-be-recalled-with-change-of-lawyer-HC/Article1-569987.aspx

Photocopying a fake document also an offence: Court

Photocopying a fake document also an offence: Court

2010-07-09 21:30:00

The Delhi High Court Friday held that photocopying a fake document is also an offence and can lead to prosecution on charges of forgery and cheating.

'Photocopying a document, which is not genuine, and with the kind of technology that is available now wherein exactly similar copies of the original can be made, would fall within the ambit of making a false document,' Justice Mukta Gupta said.

The court dismissed the plea of a person caught with the photocopy of a fake visa and contending that he could not be booked for cheating or forgery as he was holding only the photocopy of fake visa and the original document was not recovered.

'With the advent of technology, scanners and computerized colour photocopiers produce identical copies which are exactly similar to the original. Excluding photocopying/printing from the ambit of a false document would be giving too narrow a reading,' the court said.

'If a document, which is not genuine, is being used as such and a person is made to part with money on that basis, then not only the offence of cheating but also the offence of forgery is attracted,' it added.

http://sify.com/news/photocopying-a-fake-document-also-an-offence-court-news-national-khjv4djedgi.html

Court told to decide bail applications on merits

Court told to decide bail applications on merits

An application for anticipatory bail is normally filed at the stage of investigation. It is the informant who is the best person to furnish the material before the court so as to enable it to conclude as to whether advance bail is to be granted or not. It is further to be seen that a victim is a part of criminal justice, the Madurai Bench of the Madras High Court observed on Wednesday.

In his order on a petition seeking to set aside an order of the Principal District and Sessions Judge, Madurai, in April this year and direct the lower court to permit the petitioner to put forth her arguments in petitions seeking anticipatory bail, Justice M.M. Sundresh said a prosecution case was primarily based upon the victim or the person who set the case in motion. After all, the prosecution took up the case of a victim. While a decision of the competent criminal court did not affect society directly, it did so for the victim.

Mr. Justice Sundresh said that in a criminal proceedings which is sought to be quashed the complainant should be heard. A transfer application could also be filed by a victim. “If that is the position, it cannot be said that such a person shall not be allowed to conduct the prosecution along with the Public Prosecutor by supporting the case of the prosecution.”

The issue before the High Court in the case was as to whether a victim was entitled to be heard and take part in a criminal proceedings or not.

The case was that a woman who was married on July 2, 2009, committed suicide. Following a complaint against Samuel Raj, his wife and son for an alleged offence under Sections 304-B (Dowry death) and 498-A (Husband or relative of husband of a woman subjecting her to cruelty), Mr. Raj filed anticipatory bail. The girl's father sought to intervene in the order to put forth his objections. His application was dismissed even without being numbered by the Principal District and Sessions Judge, Madurai, holding that such an application was not maintainable. Following this, Mr. Raj withdrew the anticipatory bail plea, filed another application before the High Court and obtained the bail.

The petitioner submitted that even though anticipatory bail had been granted, the lower court's order dismissing the plea to intervene in the anticipatory bail applications was illegal and liable to be set aside. The order would stand in the way of the petitioner in opposing the applications for bail or anticipatory bail filed by the other accused.

Disposing of the petition, Mr. Justice Sundresh said the victim had got every right to take part in the prosecution. A procedural law would be in aid of the justice delivery system. He said if an application is filed in future by other accused in the case either seeking anticipatory bail or bail, the petitioner was at liberty to file intervening applications. The Judge directed the court concerned to number the application and permit the petitioner to intervene and decide the bail or anticipatory bail applications on merits.

http://www.thehindu.com/news/states/tamil-nadu/article506325.ece

Struggle for your own rights, men told

Struggle for your own rights, men told

 

HY25FORCTY4_81093f

SAGE ADVICE: Amita Dhanda addressing a panel discussion on ‘Women and Violence/ Safety' in the city on Wednesday. Photo: K. Ramesh Babu

 

For every woman who is fighting for a law to protect her rights, there are a handful of men who say: what about us?

“Why don't they struggle for their rights,” asks Flavia Agnes. The fiery women's rights lawyer was here on Wednesday for a panel discussion on “Women and Violence/ Safety.”

“Men need to stop taking away the gains of the women's movement,” she said. “Women are fighting for their rights because men and women are not equal. If you make laws assuming they are equal, the law will hardly serve its purpose.”

India's legal system dominated the discussion - panellists agreed that despite their rigid formality, the courts were the only place where victims of rape, dowry harassment or any other assault could demand justice.

Points to ponder

But for them to get justice, other things would have to change. Stop expecting women to be this or that, said historian Urvashi Butalia. “People seem shocked that women harass women. But we can be as nasty, rude and aggressive as a man. Why should we be expected to behave any differently?”

The law will respond to violence against women when society responds to it rather than merely trying to cure it. “We spend too much time thinking about how to make men better husbands,” Ms. Agnes said. “But the question is why are women committing suicide when they have the option of obtaining a divorce?”

When the law offers them a way of exiting their marriage, why do women continue to struggle or suffer? “Is suicide the only choice she can afford to make? We need to ask ourselves that.”

NALSAR professor Dr. Amita Dhanda also spoke.

 

http://www.thehindu.com/news/cities/Hyderabad/article304563.ece

Delhi High Court cautions magistrates against abusing powers

Delhi High Court cautions magistrates against abusing powers

2010-07-09 21:20:00

The Delhi High Court Friday cautioned metropolitan magistrates in trial courts against abusing their powers, saying they should strictly abide by the guidelines.

Justice M.C.Garg, giving a slew of directions to the magistrates, ruled that any order should be passed only after applying the judicial mind and this should reflect in their orders.

'When a magistrate is called upon to pass orders under section 156 (3) of the Criminal Procedure Code, at the outset, the magistrate should ensure that before coming to the court, the complainant did approach the police officer in charge of the police station having jurisdiction,' the court said while quashing forgery charges levelled against two Mumbai-based companies.

Giving relief to Subhkaran Luharuka and Shree Ram Mills Ltd, the court directed the complainant, Utility Premises Pvt Ltd, to deposit Rs.2 lakh with the Delhi Legal Services Authority within one month.

'The magistrate should form his own opinion whether the facts mentioned in the complaint disclose commission of cognizable offences by the accused persons arrayed in the complaint, which can be tried in his jurisdiction. He should also satisfy himself about the need for investigation by police in the matter,' the court said.

The court was hearing an petition filed by the Mumbai-based companies seeking quashing of the cases registered against them here without any jurisdiction.

'The only purpose appears to be an attempt to harass the petitioners just to blackmail them by summoning them to Delhi though neither of the accused is resident of Delhi, nor any other cause has arisen in Delhi,' the court observed.

http://sify.com/news/delhi-high-court-cautions-magistrates-against-abusing-powers-news-national-khjvucccgdi.html

------------------

New Delhi, July 9 : The Delhi High Court Friday cautioned metropolitan magistrates in trial courts against abusing their powers, saying they should strictly abide by the guidelines.

Justice M.C.Garg, giving a slew of directions to the magistrates, ruled that any order should be passed only after applying the judicial mind and this should reflect in their orders.
"When a magistrate is called upon to pass orders under section 156 (3) of the Criminal Procedure Code, at the outset, the magistrate should ensure that before coming to the court, the complainant did approach the police officer in charge of the police station having jurisdiction," the court said while quashing forgery charges levelled against two Mumbai-based companies.
Giving relief to Subhkaran Luharuka and Shree Ram Mills Ltd, the court directed the complainant, Utility Premises Pvt Ltd, to deposit Rs.2 lakh with the Delhi Legal Services Authority within one month.
"The magistrate should form his own opinion whether the facts mentioned in the complaint disclose commission of cognizable offences by the accused persons arrayed in the complaint, which can be tried in his jurisdiction. He should also satisfy himself about the need for investigation by police in the matter," the court said.
The court was hearing an petition filed by the Mumbai-based companies seeking quashing of the cases registered against them here without any jurisdiction.
"The only purpose appears to be an attempt to harass the petitioners just to blackmail them by summoning them to Delhi though neither of the accused is resident of Delhi, nor any other cause has arisen in Delhi," the court observed.

--IANS

http://www.newkerala.com/news/fullnews-143346.html