#Karnataka High Court Second

[swamyworld]

After the allegations of plagiarism, the producers of 'Maidana' have issued a statement

https://amzn.to/3VPz7lZ A still from the movie 'Maidana' Ajay Devgn starrer sports biopic makers Maidan After the Mysore District Court stayed the film's release following allegations of plagiarism, the film is slated to move to the Karnataka High Court. Maidan Dramatizes the life journey of football coach Syed Abdul Rahim leading to India's second gold medal win at the 1962 Asian…

[seemabhatnagar]

"Media's Power and Responsibility: Navigating Defamation in the Digital Age"

Asianet News Network Pvt. Ltd Suvarna News 24/7 & Others v. #Divya Spandana @ Ramya

Criminal Petition 13558/2023

Before the High Court of Karnataka at Bengaluru

Heard by Hon’ble Mr. Justice S Vishwajith Shetty J

Order: Petition was dismissed on 04.03.2024

The High Court #refused to quash the #defamationproceedings against the #AsianetNewsNetworkPvt.Ltd and #dismissed the #Criminalpetition of the petitioner with the observation that the intention to damage or not to damage the reputation of the #ActressDivyaSpandana is the subject of the Trial Court, hence, no finding can be made at this stage.

This is a case relating to defamation. The #news that was telecasted on 31.05.2013 though related to #cricketbetting and #spotfixing yet the photograph and video of the Kannada Actress Divya Spandana was displayed and #telecasted many times, as if, she was involved in cricket betting and spot-fixing scandal and on top of it the caption of the program was ‘#BettingRaniyaru’.

Certainly, when the media displays your photo and video in a particular captioned program the #obvious #derivative of a normal #prudentperson would be you are involved in the alleged scandal. The same happened with the Kannada Actresses people started enquiring about the correctness of the telecasted programme seriously #affecting the #image and #reputation of the petitioner.

The actress filed a #privatecomplaint under section #500IPC for Defamation. Let me tell you that Defamation broadly is of two kinds. One is ‘#Libel’ which means a false defamatory statement expressed in writing, print, picture, or in any other #visibleform. And you know when we watch something of this kind it has a wider impact on us and we begin to think about it. The second is ‘#Slander’ which means false and defamatory statements expressed through #spokenwords in a gathering, speech, or conversation. In other words, it is not in media only among selected audiences. Therefore, the damage to reputation through slander will be less than what libel would have caused.  

After recording the statement of the complainant Actress, #cognizance was taken by the #ChiefMetropolitanMagistrateBengaluru and #summons were issued against the Petitioners on 13.06.2016. The #petitioner approached the High Court for #quashing of #summoningorder and the #entireproceedings.Their submission was they telecasted the same news that was done by other media sources. Their case falls under the Fourth Exception to Section 499 IPC. They had #nointention of defaming the image of the Actress.

The #FourthException says, nothing is defamation if it is a true report of the proceedings of a Court of Justice or the result of any such proceedings. However, the petitioner was not able to substantiate their submission through any #materialevidence.

[republic-world]

Karnataka HC Stays FIRs Against Actor Upendra Over Alleged Casteist Remarks

In a recent turn of events, the Karnataka High Court has put a halt to the FIRs filed against Kannada actor Upendra Rao in connection with alleged casteist remarks. The initial complaint was raised by Madhusudhan KN, the assistant director of the social welfare department, and was registered with the Chennammana Kere Achukattu police.

Upendra Rao, a prominent Kannada actor, found himself embroiled in controversy due to statements he made during a Facebook Live stream. Two FIRs were lodged against him following this incident. The actor, who is also the leader of the Uttama Prajakeeya Party, was discussing his political party Prajakeeya when he uttered a statement that ignited controversy. He said, "If there is a town, it inevitably will have Dalits."

Reacting to the public uproar and protests in parts of the Ramanagara district, Upendra expressed remorse for his remarks. He clarified that he had inadvertently used a "proverb" in his live broadcast and that he never intended to cause offense. He promptly deleted the video from his social media accounts upon realizing its impact and issued an apology, saying, "I apologize for my statement."

Responding to the criticism, Upendra penned a reflective message, questioning the motives of his critics. He highlighted his own experiences of witnessing poverty, suicide, hunger, and oppression, and challenged the idea that he would deliberately target a particular section of society.

The chain of events began with an initial complaint lodged by Madhusudhan KN of the social welfare department, which led to the registration of the first FIR. Subsequently, another FIR was lodged against Upendra by Bhyrappa Harish Kumar, the state president of the Karnataka Ranadhira Pade. This second FIR invoked various sections of the Indian Penal Code (IPC) and the SC/ST (Prevention of Atrocities) Act.

As the legal proceedings unfolded, the Karnataka High Court intervened and issued a stay on the FIRs against Upendra. This development marks a significant step in the ongoing controversy surrounding the actor's alleged casteist remarks.

The incident serves as a reminder of the complex intersection between public figures, freedom of expression, and the responsibility to uphold societal values. It also highlights the role of the judiciary in examining such matters to ensure a fair and just resolution.

For the latest updates on this and other political news, stay tuned to Republic World, your source for real-time, breaking news, entertainment updates, education news, sports coverage, technology insights, and state election results.

[mimsnorthdalebangalore]

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[tumbirus]

Good Evening. A two-judge Bench of the Supreme Court of India is presently hearing arguments on the correctness of Karnataka High Court judgment that upheld the ban ban on the use of the hijab by students in Karnataka.Over the last few days ,counsel for the petitioners has addressed a bundal of different issues,ranging from the rights of students to freedom vof of expression , conscience,and religion to the disparate impact that ban has had on the right to education of Muslim women. In theory ,the issues emanating bout of those submissions ought to be capable of easy resolution ,through an application of ordinary doctrines of constitutional law.But ,as every time van argument over religious freedom vin India is made,it invariably mires itself in the court -crafted doctrin of essential not merely in legal analysis but also in theological study-something an education in the law scarcely equip one to perform. The embedding of this test in the Court's juriprudence has achieved at least two things, neither of which is particular desirable .First ,it has allowed the Court to narrow the extent of safeguard available to religious customs by directly impinging on the autonomy of groups to decide for themselves what they deem valuable , violating ,in the process ,third right to ethical independence. Second,it has also negated legislation that might otherwise enhance the cause of social justice by holding that such laws cannot under any circumstances encroach on matters integral to the Court struck down a Bombay law that prohibited excommunications made by the Dai of the power to excommunicate in an essential facet of faith and that any measure aimed at social welfare cannot reform a religion out of its existence........ countinu https://www.instagram.com/p/CjLV8QROrYk/?igshid=NGJjMDIxMWI=

[timesproperty02]

What is the difference between A Khata and B Khata properties in Bangalore?

The idea of "khata" was created by the officials of the Bruhat Bengaluru Mahanagara Palike (BBMP), which was founded in 2007. A Khata is exactly what? Bangalore's property tax collection was to be made more effective by the use of khata. Property tax collection in Bangalore was handled by three distinct organisations before 2007, which hindered efficiency.

To avoid any duplication, the BBMP started maintaining two distinct registers, the BBMP a Khata and b Khata. First, let's clarify what a khata is in Bangalore. A Khata property is included in the first register, which is a list of permitted or partially authorised properties in Bangalore. B Khata properties are listed in the second register, which is a list of unauthorised or partially approved properties in Bangalore.

A Khata Certificate contains information about the owner's qualifications, the property's demarcations, its location, the carpet area, and its built-up area. In the state of Karnataka, particularly in Bangalore, property taxes are also paid using the Khata document.

What is the Function of Khata?

The Khata classification is very helpful for real estate investors or homebuyers. It provides information on the legitimacy of the property to potential investors. You might be able to obtain a loan from a bank or another housing finance organisation with the use of the Khata paperwork. Some of Khata's benefits include the following:

enables you to evaluate the trustworthiness of the property owner.

Information pertinent to the property as a whole

filing and paying property taxes

can establish a power and water connection to the property

It's easy to get a loan.

Who is eligible for the khata?

The true and legal "Title" owner of a piece of property may submit a Khata application using the accepted form. If the property paperwork are current and there are no discrepancies in the approvals about the property, the BBMP may issue a Khata.

To apply for a Khata, the Title Holder must show the "Assistant Revenue Officer" or "Revenue Officer" the necessary property documentation, such as the Title Deed, Encumbrance Certificate, and property tax receipts. Khata applications may also be submitted at a "Citizens Services Center" authorised by the Karnataka government. You must fill out a form to apply for a Khata. After submitting the form, you will get an acknowledgement.

Khata certificates and extracts are included in Bangalore fees.

A khata extract costs Rs. 100, whereas a khata certificate costs Rs. At the relevant assistant tax officer's office or any of the citizen service centres, you can receive a copy of a katha certificate or extract.

A Khata vs. B Khata: What's the difference?

A Khata and B Khata properties dominate the real estate market. To avoid future legal issues, an investor needs to be aware of the differences between A Khata and B Khata properties.

A Khata

With the backing of Bruhat Bangalore Mahanagara Palike (BBMP)

All relevant taxes must be paid by the title holder.

Construction has a permit available.

able to get loans

It is possible to sell real estate and transfer ownership.

Available are trade licences

Legal Possessions

Renovations to home extensions are not permitted by the BBMP.

B Khata

Government: Local Government

The BBMP maintains a separate record for B Khata properties for tax collection.

Construction is not allowed.

The denial of loans

The property cannot be sold or expanded.

No available trade licences

Illegal properties are those that are not legally owned, according to a Karnataka High Court ruling.

The current property cannot be expanded, according to the BBMP.

How can I apply for a B Khata property to be converted to an A Khata?

It is possible to convert between A Khata and B Khata in Bangalore. You must pay all Bruhat Bangalore Mahanagar Palike tax obligations, fines, property taxes, DC conversion fees, and improvement fees before you may apply conversion from A Khata to B Khata (BBMP).

If the property owner pays the B Khata to A Khata conversion fee, settles any outstanding debts, including property tax and DC conversion fees, and pays the BBMP's improvement fees, they will be allowed to convert their property from B Khata to A Khata.

In Bangalore, a list of documents required for Khata conversion are below.

The following documents must be provided to the BBMP or ARO for B Khata to A Khata conversion in Bangalore.

Certified copies of the property taxes that have been paid

Deed of a property sale

Title Document (In the name of a lawful owner)

Authentication of the land's transition from agricultural to other uses (If agricultural land earlier)

On a plan, the property's position is indicated.

a blueprint detailing the property's measurements and requirements

Any fees paid to the BBMP for improvements must be supported by a certificate or receipt.

the occupancy permit (OC)

Khata Extraction Certificate

Conversion of Khata (In-person/Offline): A Step-by-Step Guide

You must apply to the District Commissioner (DC) Conversion to change the land's use from agricultural to non-agricultural.

Verify that all owed property taxes have been paid as of the application deadline.

Obtain and thoroughly fill out the Khata form/format from the BBMP office.

The application form must include a list of any property documents that must be submitted with the Khata conversion application.

The fees for converting B Khata to A Khata are known as improvement fees under the BBMP system. Send the filled-out form, the property tax receipts, and any other necessary paperwork to the assistant revenue officer.

Which properties in Bangalore can be transformed into a Khata?

While it is possible to convert a B Khata property to an A Khata property, this is only allowed for buildings with minor modifications to the approved plan or design. A Khata's qualities cannot be altered significantly to create wholly unlicensed designs.

What is the procedure for applying for Khata?

Follow the steps listed below to apply for Khata of your property. Before applying for the Khata, you must have a sale deed that has been attested and an Encumbrance Certificate (EC) from the sub-registrar office.

From the BBMP website, download the application form. An application form is also available at your neighbourhood BBMP office.

Fill out the application form completely, attaching the title deed, property allocation documents, old tax receipts, possession certificate, encumbrance certificate (EC), and a design of the property showing its location and limits as well as the title deed (attested/notarized).

Fill out and send the form. You'll get the materials in about five weeks.

If you don't get the certificate promptly, you can file an RTI request if you don't get a response after two months.

Finally, a property investor must be able to distinguish between A Khata and B Khata. Understanding A Khata and B Khata will help you make better property investment decisions and avoid legal pitfalls.

Do owners of B khatas have any legal rights?

Up till 2014, Bangalore's B khata property owners enjoyed certain property ownership rights. However, a Karnataka High Court decision from December 2014 declared all legal rights to be worthless. To avoid any issues during the sale, purchase, or transfer of the property, B khata properties must now be converted to A khata.

Is keeping B khata in Bangalore safe?

There are no special safety issues with B khata homes. A B khata can be used to sell your property as well. However, as a B khata does not give you building rights, you can encounter issues if you want to develop or repair your home.

Is it possible to receive a loan on B khata properties?

The B khata is not a legal or official document showing ownership, hence nationalised banks will not lend against a B khata property. Private banks offer loans to individuals, however the interest rates are higher for loans secured by B khata properties than they are for loans secured by A khata properties.

[trustednewstribune]

Congress demands judicial probe into Karnataka Police recruitment scam, dismissal of ministers

Karnataka Congress leader Siddaramaiah has demanded a judicial probe into the Police Sub-inspector recruitment scam. He has also called for the dismissal of state home minister, Araga Jnanendra and higher education minister, CN Ashwath Narayan.

The Karnataka Congress has demanded a judicial probe into the Police Sub-inspector (PSI) recruitment scam. They have also called for the dismissal of the state home minister and the higher education minister.

“They have no right to continue as ministers,” said former Karnataka Chief Minister, Siddaramaiah, as he called for the sacking of both the state home minister, Araga Jnanendra, and higher education minister, CN Ashwath Narayan.

The Congress leader further demanded the formation of a judicial commission under a High Court judge to probe the matter.

ASHWATH NARAYANAN CONNECTION

Siddaramaiah has alleged that minister CN Ashwath Narayan was involved in the scam. He said, “Darshan Gowda secured Rank 5 in the final list. He scored 19 marks out of 50 in the first paper (theory). In the second paper (Objective) he got 141 marks out of 150.”

“Nagesh Gowda, who secured Rank 10, secured 29.5 in the first paper while securing 127.875 in the second paper. They are both the relatives of CN Ashwath Narayan,” said Siddaramiah.

“Darshan Gowda and Nagesh were called for questioning by CID. On whose influence were they released? When others were arrested and sent to judicial custody, why were these two released immediately? What is their statement? What evidence did the CID have when they called them for questioning,” asked Siddaramaiah.

Another accused in the scam, Darshan, is said to have links with a person named Satish. The Karnataka Congress alleged that Satish was the brother of minister CN Ashwath Narayan.

However, the minister has rubbished these allegations.

CONGRESS CALLS FOR JUDICAL PROBE

The Congress leader further alleged that politicians and officials were part of this scam and called for a judicial enquiry by a sitting judge of the High Court.

“They say the scam is worth around Rs 300 crores. Now, the CID investigation is going on. Since the government, ministers, officials and police officers have been connected to this, we can’t expect justice from this investigation,” said Siddaramaiah.

To know More:https://www.indiatoday.in/india/story/congress-demands-judicial-probe-karnataka-police-recruitment-scam-dismissal-ministers-1945299-2022-05-04

[sarkarijobfindindia]

About Post : Karnataka High Court has announced notification for the recruitment of Second Division Assistant vacancies. Those Candidates who are interested in the vacancy details & completed all eligibility criteria can read the Notification & Apply Online.

[dbpnews]

Karnataka High Court SDA Recruitment 2021 For 142 Second Division Assistants, Apply Online Before September 24

Karnataka High Court SDA Recruitment 2021 For 142 Second Division Assistants, Apply Online Before September 24

The High Court of Karnataka has released KHC SDA Notification 2021 inviting online applications from eligible and interested candidates for filling One Forty-Two (142) vacancies to the post of Second Division Assistants (SDA) in the High Court of Karnataka through Karnataka High Court SDA Recruitment 2021 to be posted under the Karnataka High Court in Karnataka, India on a fulltime basis. The…

[anastkantdhangar]

How And What India Has Been Coping With During The Deadly Covid Second Wave

Last rites being performed by a family, like many, at the Seemapuri Crematorium Center in Delhi

The second wave of the coronavirus pandemic has been nothing less than that of one wreaking havoc and chaos for India - social media full of SOS messages asking for hospital beds, oxygen cylinders, medicines; crematorium centers had never witnessed such large amount of deceased being cremated, crematorium centers even had to be expanded with increased number of pyre-platforms at various parts of the country, and now the abandoned lifeless being found in rivers - simply nothing less than a catastrophe.

Heartbreaking visuals of people gasping for breath, lined outside hospitals unable to find beds, heavy shortage of important medicines like Remedesivir, lifeless bodies waiting for multiple hours at the crematorium centers for their turn to be cremated - this surely has been one of the worst health crisis India has ever seen. Exhausted frontline workers and workers at crematorium centers say they have never seen such huge crisis before. Woods have come to be short in numbers to cremate the dead. How have the authorities dealt with this?

There’s possibly not a single person in India who has not lost at least one of their relative, friend or a known one in last two months.

The centre alone did not fall well short and caught ill-prepared, states are equal culprits in their jurisdiction.

India has been under criticism by global media continuously for under-reporting of numbers of the deceased, and its lack of testing, with many reports from journalists on ground suggesting that the actual numbers of those deceased is actually at least 10-15 times more than the official numbers. A report showed that as the official data shows that in the capital of Madhya Pradesh, Bhopal, had seen only around 1,000 deaths due to covid since the pandemic began last year, whereas the data kept at crematorium centers shows that around 3,700 funerals have been done according to covid protocols in the city in the month of April alone in 2021. Such is the scale of under reporting of numbers in the official data, be it Delhi, Rajasthan, Uttar Pradesh, Bihar, and a majority of the Indian states.

From VIP treatments to the well-off even during these hard times, a classic case of Delhi government’s attempt to book Ashoka Hotel for safety measures for Delhi HC Judges with no inputs from the latter raising many eyebrows recently, states too have had their own bit of criticisms of handling of things during the pandemic.

When urban parts, despite having all the infrastructure and facilities, have seen such destruction, things in rural India have slowly started to catch headlines. With lack of information amongst the people about the virus and vaccines, multiple people in villages have been dying everyday lately complaining of fever, fatigue and shortness of breath, with no oxygen and testing facilities in most of the rural parts of the country despite being 15 months into the pandemic. How cruel things could unleash in the rural areas is a dangerous thought having seen the recent peak in urban ones.

Almost all of the country have been either in a lockdown or strict curfew with almost all states imposing the same, and this has shown some positive results in the last week with positivity rate coming down in various urban areas. The issue of oxygen crisis, after weeks long deliberation by the Supreme Court and various High Courts, have been dealt with to an extent in some manner only after the apex court made a separate National Oxygen Monitoring body.

The true figures lay not in the official data, but the crematorium centers of this country.

People waiting in queues at vaccination centers to get their jabs

Vaccination drive in many states have come to a halt owing to shortage of vaccines, with even those who are due for their second doses having difficulties finding a slot in many parts of the country. When the second wave started to wreak havoc, the widely demanded move by the opposition to open the vaccination drive for not only 45+ but for all adults was being considered by the government and given a nod, only to open big loopholes in the world’s largest vaccination drive, with one being heavy shortage of jabs.

The gap between the two doses of Covishield vaccine has been increased to 12-16 weeks on the basis of scientific data to show for it, surely there must be data now to show for it, but if this is so, then why the same expert’s panel earlier in February 2021 had advised states that the second dose of covishield should not be administered after 8 weeks in any case as it may not work then, and why Union I&B Minister also tweeted this very advisory on the same day? We cannot possibly answer this question just like we cannot estimate that actually how many people have died due to covid in this country. But for the record, The Lancet and WHO have themselves clarified way before that the gap between two doses for AstraZeneca vaccine, or Covishield should be 12-16 weeks; The UK follows 12 weeks gap and Canada follows 16 weeks gap, and India will follow the same to tackle the heavy shortage of jabs. The gap between two doses of Covaxin, on the other hand, stands the same as before.

When The USA and the European Union gave vaccination orders of millions of dollars last year, India did not order a single jab. Should not have we placed such orders last year itself? Did or did not the experts gave this input at that time? Have we even been doing it till as late as earlier this month? If not, then this itself is a much larger issue, but there's no transparency. State governments have been left with no other alternative than to issue global tenders to buy vaccines, which actually the centre should do in the global market, and as a result, not India, but its states are competing each other in the global market to purchase vaccines. Starting with Uttar Pradesh, then Maharashtra, followed by Orissa, Delhi and Karnataka have issued global tenders already to purchase vaccines.

Not a single Indian media outlet is now projecting Atmanirbhar slogans anymore, which was literally served by the same media to its viewers for months, confining them in a whole different world altogether. And it's only a matter of time that a new slogan arrives, and literally the same channels project it again for months, confining its viewers to another new world altogether, yet again.

Surely, superpower India of 2021 would not have wanted itself to be projected in such a manner in the foreign media. The majority of domestic mainstream media would not show you this, and would continuously keep you distracted with bogus narratives and side of things, killing your ability to question the status quo and to sustain a healthy democratic India.

Indian media back in January widely publicised about the ‘World’s Largest Vaccination Drive’, which holds true given our population, but no questions were asked about procurement of vaccines. Frontline covid workers were the first priority to be vaccinated, rightfully, and plan was to vaccinate 30 crore frontline workers inside 3-4 months in first phase of vaccination drive; and 5 months into the drive not even all of the frontline workers could be vaccinated. By numbers, India is amongst fastest vaccinating countries, but when it comes to ratio of its population, it fares poorly with not even 3% people been fully vaccinated yet. It is important to look into the matter and understand how much India has spent on research and production of vaccines.

A report from The Guardian, issued on 2nd April, 2021, claimed that as the US and European Union nations have been spending billions of dollars as aids for companies for research, development and production of vaccines, there is no concrete evidence of India spending on research and production of vaccines. Before the coronavirus pandemic struck, India was the largest vaccine producer in the world, but when the pandemic struck, soon the US and China surpassed India as largest vaccine manufacturers. Indian media had to go from taking pride in largest vaccination drive to reporting of mass shutting down of vaccinating centers owing to lack of jabs, such has been the vast hallucination we have been served for some years now. Owing to this very pride of Indian media, which not only confuses its people between Indian companies and the Indian government, it also reminds its people everyday that their very ability to question to sustain the world’s largest democracy is being massacred everyday.

After this report from The Guardian on 2nd April, 2021, the Indian government submitted an affidavit in the Supreme Court on 11th May, 2021 in which the government has clearly and specifically stated that the Indian government has not issued any grant or aid to the Serum Institute of India or Bharat Biotech, which implies no funds on research or development even for domestically developed Covaxin. Only 46 crores were funded to Bharat Biotech for clinical trials of Covaxin, that too by ICMR. Which means Indian media has been taking pride in vaccines made by AstraZeneca and a domestic company Bharat Biotech, and did not question for even once that why we have not been helping at least domestic companies for vaccine research.

If the affidavit submitted in Supreme Court by the government stands firm on authentic data and information, then what about the announcement made on 13th May, 2020 about 100 crores being allotted as aids for domestic candidates developing vaccines? Around same time last year, the US was investing 15 million dollars in various vaccine developing candidates, and was advancing vaccine orders worth 300 million dollars even before vaccines were developed. On 12th December, 2020, Union Finance Minister announced 900 crores aid for vaccine production, but the affidavit submitted by the government itself in SC claims no such grants were ever made. 20th April, 2021, news came in that Finance Ministry is advancing loans worth 3,000 crores to SII and 1,500 crores to Bharat Biotech for vaccine production, the affidavit holds advancement of these loans valid, though the money is yet to reach the companies. Adar Poonawalla of SII said last month while talking to a media outlet that he has been expecting these loans on the basis of media reports, thus he too believes in the Indian media, and on the same expectations his company has taken heavy loans from banks to continue vaccine production of Covishield. By the way Adar Poonawalla has field away from the country citing pressure from "influential" people and has been shying away from answering to what might have led to such huge covid surge in India during its second wave.

Thus, there was no Indian penny involved thus far in the production of vaccines by both these companies according to the Indian government.

With how we have been coping with the pandemic, various experts have been giving their ideas and views to deal with issues, and “revolutions” in Indian healthcare system are urgently required in post covid-era.

When the UK and many members of the European Union were witnessing devastating second wave earlier this year, Union Ministers in India were claiming that India has defeated covid and that India is in the ‘endgame’ of the pandemic, in fact the numbers were actually very low during the same period, and India was starting to return to normal just when the second wave started to unleash around mid-March, exposing lack of plans to tackle a potential second wave. Lack of preparedness on health infrastructure was visibly evident, when every political party was busy campaigning in states assembly elections and large crowd gatherings were seen at Kumbh. Could not these two super spreader events have been avoided temporarily to control covid surge, just like Nizamuddin Markaz could have been avoided last year, which again acted like a spreader event in the last wave, and was presented as such a heated topic by the Indian media for months last year?

In order to cope with heavy shortage of jabs, many health experts have been demanding government intervention in expanding vaccine production by involving other vaccine manufacturers as well by providing them vaccine formula and advancing tenders for vaccine production, for which steps are being taken only in this last week. The pace of the vaccination process also has been under heavy criticism as to why door to door vaccination proposals by several states has been turned down by the centre citing the latter has no such policy, given that polio vaccination process was a great success with minimum volunteers.

If both, SII and Bharat Biotech, are providing vaccines to the centre, states and private hospitals at different prices, with lowest price being for the centre and highest for private hospitals, could not the centre itself buy vaccines and provide them to state itself given that if states buy them on their own then they will have to pay double the price compared to the centre. 

The money of 22,000 crore rupees Central Vista project, if used to buy covid jabs, would buy a whopping 146.66 crore jabs, potentially enough to fully vaccinate around 70-72 crore Indian citizens, which again is potentially enough to create herd immunity throughout the country, just a mere statistic based on facts.

It is important to keep current feedbacks in mind in order for the work to be done. No person in this country would have ever thought that private hospitals one day would run out of their capabilities to treat them, and potentially exposing that bulk of them are mere money making firms. It is high time India start to spend more on its healthcare and education, and the possibility of government taking complete control of healthcare and education, like successful western countries, should not be ruled out even after it being a slow process to come true.

Recent lockdowns and curfews by states have shown a dip in covid numbers and positivity rate, oxygen crisis seem to be in some control in the recent week, and vaccine production is being increased after government stepped in. Surely next few weeks are very critical to control the new surge of B.1.617 Indian mutant strain, with people hoping that they will overcome this health crisis soon.

But history will remember that India’s numbers ascribed not in the official data, but at the crematorium centers.

[shararsblog]

Bharatiya Janata party celebrates selection of Basavaraj Bommai as Karnataka chief minister as gangwars continue unabated on the streets of Bengaluru.

(03/08/2021)

Prime minister Narendra Modi and BJP should not celebrate Bommai's elevation to chief minister's post, they should be mourning for the pitiful state that so called world class city Bengaluru is in today. And predecessor Yeddyurappa's failure to free Bangalore from gangsters grip.

Basavaraj Bommai - New Chief Minister of Karnataka.

So finally the BJP parliamentary board on Yeddyurappa's recommendation choose Basavaraj Bommai as CM. That the chief minister's responsibility is towards all the cities within the state, but in Karnataka's case the problem of one city Bengaluru has been gigantic more than compared to cities like Hubli-Dharwad Mangaluru, Mysuru, Belgaum and others. And 61 year old mechanical engineering graduate Mr Bommai is well versed with Bengaluru's problems and who better than him, as he was the home minister before. And as rowdies go on wreaking havoc in city, my question is who is going to stop them? The hardworking family of Bengaluru and poor people who are struggling to provide the best for their families have completely lost faith in the Bengaluru police and it is they who get caught in the cross hairs of these gangsters. Can the new chief minister end the rowdies menace in Bengaluru? Can Basavaraj Bommai make a difference and show he has it in him to wipe out the rowdies from Bengaluru's every nook and corner unlike his predecessors Yeddyurappa, Kumaraswamy, Siddaramaiah, Jagadish Shettar and SM Krishna who were mere fence sitter chief minister's.

Why are the Bengaluru police hesitating to go in an aggressive mode against the gangsters? One reason here can be attributed to lack of support from the chief minister or home minister, and the political patronage provided by politicians to criminals. 6 out of every 10 MLA's in Karnataka assembly have links with notorious rowdies in their own constituencies. BJP on its part cannot wash hands off its sins here, because BJP is the party in power in Karnataka and Amit Shah holds the home portfolio here in central government. But the shame and irony within BJP remains and so does lawlessness in Bengaluru. The only good thing that Amit Shah has done in his capacity as home minister is to target opposition parties in rule in states like Kerala, West Bengal etc. He has continuously targeted West Bengal CM Mamata Banerjee over law and order issues in Bengal and goondaism by Trinamool Congress leaders, true that TMC leaders have indulged in goondaism and also urged it's party workers to create terror, but Mr. Shah before pointing fingers at others, you should first clear garbage in your own backyard. Amit Shah being the home minister of central government, you are right in your concerns of lawlessness in West Bengal, but what about the lawlessness in Bengaluru in Karnataka.

Also police reforms which needs to undergo a gigantic change here in India despite the Supreme court of India clearly stating that it be done at the earliest, the Modi government seems unperturbed and casual in its approach. Police reforms are a slew of measures that need to be undertaken to break the police-criminal nexus at lower ranks and many more problems in police department. But despite the police reforms remaining unchanged, that cannot be the yardstick of excuse for police commissioners for failure to bring down crime in their respective cities. In my view the police chiefs leave Bengaluru city but in any part of the world, their foremost priority should be to bring down crime to zero, if not zero but at the level at least where people can breath easy and feel safe, they must instill fear in the minds of criminals for law enforcement agencies, and above all no political interference in working of police. All these things are completely missing in Bengaluru. Its high time Bengaluru's police stop flexing their muscles on innocent public, I wish they take on rowdies seriously. Because the rowdies of Bengaluru have gone beyond the police lathis, it has no more effect on them, the only language they understand now is the language of bullets. Also we need to understand here that the servants learn what their masters teach. Now look at how much rotten subsequent Karnataka governments have become in terms of corruption, either it is congresses Siddaramaiah who was the chief minister or Kumaraswamy's tenure as CM and BJP's Yeddyurappa, these very Chief minister's who before elections blabbered about good governance, various schemes for poor people and other promises, once they got elected showed their true colours. For instance, post covid and the brutal second wave that led to lockdown all over India, in Karnataka things have come to such a pathetic state, that police have been entrusted with imposing fines on people without masks, I have no objection in them imposing fines for those without masks, but when these very politicians and their rowdy party workers did break the covid protocol by not following rules, the same police remained mute spectators. So law in Karnataka is only for common public the minister's, rowdies are free to break law. The police machinery in Bengaluru has been turned into hafta collection force more than law enforcement force. Increasing harrasement of motorists by Bengaluru's traffic police for fines, is another indication of frustration of Karnataka government. That the biggest investors in real estate industry in Bengaluru have been the Karnataka's politicians and it is not a hidden secret. Malls, flats and commercial complexes in every nook and corner of Bengaluru city, you name it and some other minister's, MLA'S are involved in investment. Also Bengaluru being an IT hub the main buyers or customers for real estate sector are the software professionals, post lockdown many of these IT employees played safe by not buying these properties, also those who came to Bangalore from other states went back to their homes as companies started work from home policy. And new upcoming real estate projects with huge investments by politicians faced the brunt, with construction work stopped and losses to the tune of thousands of crores of rupees. Now this has resulted in more frustration for government with fresh property registrations going down in huge numbers and extremely low income from real estate market. The frustrated Karnataka government has now taken to loot the public through police, by way of targeting motorists, for false traffic violations, wearing of masks etc, whereas rowdies have a field day on the streets of Bengaluru.

Also when I am saying false traffic violation cases, people may say it as an exaggeration of comment, but this is the fraud being committed by Bengaluru traffic cops for some time now. An incidence of proof of this fraud by police, was highlighted by my own family member, whose friend who had been staying in France for close to three months on his return back to India, received a slew of messages from Bengaluru traffic police for violations relating to traffic in various areas within Bangalore, irony as it is when the concerned person was not even present in India, just look at the desparate attempt to loot the public by the police and government. This is just a tip of the ice berg in corruption within Bangalore police. So deep rooted has the rot of corruption become in Karnataka state, that not just the Police department but even BBMP, the Bruhat Bengaluru Mahanagara Palike has officials neck deep in corruption, I will come to the blog on irregularities in BBMP later on.

Left to right: Karnataka state BJP affairs incharge Arun Singh, former Chief minister BS Yeddyurappa and newly appointed CM Basavaraj Bommai.

Also Arun Singh the incharge for BJP party affairs in Karnataka needs to urgently address the happenings in Bengaluru to Prime minister Narendra Modi, if BJP on its part is serious in removing the dent on reputation of the city, which has happened not only at national level but at international level too, then they should take steps to turn it into a world class city as claimed by Yeddyurappa which in reality is not, also focus on one objective to end rowdies menace which has spread its ugly tentacles throughout Bengaluru.

(Above news of crime in 'Times of India' edition Bengaluru section dated 29th July 2021). Complete Lawlessness: Rowdy Harish Kumar who was murdered by his rivals in broad daylight.

Prime minister Narendra Modi who on every Sunday gives his opinion to the people of India through government run 'Doordarshan' channel titled, 'maan ki baat' is far away from reality of problems that the public faces. His speech can best be described as chest thumping of his governments scheme's, though there is nothing wrong in the prime minister of a country reach out to people and air the good work done by govt and it's benefits to the people, but will the prime minister be transparent and speak out his maan ki baat about the rising crime graph in Bengaluru? His own party rules Karnataka and his own partyman former Chief minister Yeddyurappa has called Bengaluru as a world class city. So honourable prime minister, what does your inner subconscious mind tells you? Do you agree with Mr. Yeddyurappa's comments? Prime minister Modi you need to rise above politics first, and talk about increasing lawlessness in your own party ruled state. But despite my severe criticism of BJP rule in Karnataka and it's failure of law and order in Bangalore, I must admit that Narendra Modi is the best prime minister India has had till date. Uri surgical strike and Balakot airstrikes go on to prove that he stood by his words before coming to power, about befitting reply to Pakistan, also aggressive combing operations in Jammu and Kashmir to flush out Pakistani terrorist's, shows the free hand given to Indian army by Prime minister Modi. The result in the past 2 years the highest number of Jaish and Lashkar-e-Toiba terrorist's including their top commanders have been killed. So PM Narendra Modi has delivered on his promise of hammering terrorist's, the result today we see is Pakistan became wary and quiet and Kashmir largely peaceful. So his efficiency in fighting terrorism has been largely successful, but when it comes to rising crime graph within India, and especially Bengaluru the Modi government has failed miserably. Now that Bengaluru is officially India's crime capital, looking at Bharatiya Janata party and it's leaders lethargic attitude, the city will very soon become the world's no 1 crime city.

[seemabhatnagar]

From Matrimonial Home to Court: A Wife's Quest for Justice

ABC v. XYZ

W.P. 14094/2023

Before the High Court of Karnataka at Bengaluru

Heard by Hon’ble Mr. Justice M Nagaprasanna J

Judgment pronounced on 28.02.2024

No wife leaves her matrimonial home by choice. It is only when it becomes next to impossible to adjust, and accommodate to the situation that the existence of self seems strangulating every day and home seems like a prison. A girl leaves her matrimonial home with the trust that the man with whom she is going will take care of her. The case I am sharing with you all today is of a wife who left her matrimonial home with two children after 8 years of marriage.

Present Writ seeks quashing of the order passed by the Additional Senior Civil Judge and JMFC Anekal directing the husband to pay maintenance of Rs.18000/- per month against prayed Rs. 36,000/- per month.

The petitioner is a wife who married in the year 2012 and had 2 children out of wedlock. The Respondent - Husband is working in the Canara Bank as a Manager in the Middle Management level Grade Scale II. The petitioner at the time of marriage was working as a lecturer and continued even after marriage. But when the couple had their first child his husband asked her to leave the job and take care of the child and when their second child was born, she completely left the job to exclusively concentrate on the upbringing of their children and the home.

All was well till the relationship turned sour and when she demanded maintenance from his husband.

Now the husband is saying the wife is qualified she is not willing to work and earn money instead she wants to live on the maintenance that the husband pays. He also alleged that she was not a dutiful wife. She is quarrelsome. His job is inconsistent as such can’t pay more than 18000/- per month. He has the responsibility of his old mother.

The High Court observed merely because the wife is qualified does not mean, she is barred from seeking maintenance. Every case has to be looked into by its facts. Taking care of the children does not at all mean taking care of the mere existence of the children. It is shrouded with countless responsibilities and necessary expenditures from time to time.

The wife as a homemaker and mother works round the clock indefatigably.

The respondent being a husband can’t contend that the wife is lazing around and not earning money to take care of the children. Being a homemaker is a full-time job. The job of the Respondent's husband has security of tenure. In the future, his salary will only grow and not reduce. His submissions are mischievous and misleading.

The High Court observed maintenance has to be adjudged according to the cost of living, and how the couple lived together with their children.

The High Court modified the order of Additional Senior Civil Judge & JMFC Anekal and allowed the maintenance of Rs. 36,000/- to the petitioner's wife.

Seema Bhatnagar

[elikamadaan]

The Hindu Marriage Act, 1955, is seen as a landmark social legislation as it has reformed law of marriage. It has curtailed the religious and ceremonial overtones, and instead brought around a more practical as well as contractual aspects.

THE HINDU MARRIAGE ACT, 1955, IS APPLICABLE ON:·      Any person who is a Hindu by religion in any of its form: a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;·      any person who is a Buddhist, Jaina or Sikh by religion; and·      any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion.

WHAT IS BIGAMY?

The dictionary meaning of the term states its meaning as, “the act of entering into a marriage with one person while still legally married to another.

”BIGAMY AND HINDU MARRIAGE ACT, 1955:

Section 5(i) of the Hindu Marriage Act, 1955, prohibits bigamy and polygamy. A bigamous marriage is declared void by Section 11 and furthermore, it is made an offence under Section 17 of the Act and is punishable Section 949 of the Penal Code. These Sections are applicable to both Hindu males and females.

PUNISHMENT OF BIGAMY:

Section 17 of the Act reads: Any marriage between two Hindus (including Buddhist, Jaina or Sikh) solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.

CLASSIFICATION OF OFFENCE:

The offence of bigamy is non-cognizable, and thus bailable (except in Andhra Pradesh). It also is a compoundable offence with wife’s consent and the Court’s permission, as stated by the Supreme Court in the case of Parameswariv. Vennila[1].[1] (2000) 10 SCC 348.

CONSTITUENTS OF BIGAMY:In a landmark judgement in the case of Pashaura Singh v. State of Punjab[2] the Supreme Court stated that to prove that an offence of bigamy has been committed it must be established that:1.   the accused must have contracted first marriage;2.   either of the spouses must have married again;3.   the first marriage must be subsisting; and4.   the first spouse must be living.

CASE LAW:

A Hindu wife filed a complaint, that her husband had taken a second wife, after converting to some other religion, the offence of bigamy was pleaded by her. In this case the Supreme Court commented, that since under the Hindu Marriage Act a bigamous marriage solemnized by the husband during the subsistence of first marriage is illegal, therefore, the offence shall be triable under Section 17 of the Hindu Marriage Act despite his conversion. The conversion of the husband to some other religion shall not blanket him from legal action. WHO CAN FILE A COMPLAINT?

Section 198 of the Criminal Procedure Code enumerates as to who all can file a complaint of bigamy.In case of the husband, only he himself is entitled to do so, exceptions being in case of him serving in the armed forces and is unable to secure leave to file the complaint.In case of the wife, she herself or her father, mother, brother, sister, daughter, son, or any other person related to her by blood, marriage or adoption. EVIDENCE OF BIGAMY IS A MUST:

In a landmark judgement in the case of Nagalingam v. Sivagami[3], the Apex Court reiterated that in order to prove a case of bigamy it is essential to prove the validity of second marriage.The appellant in this case was acquitted by the Metropolitan Magistrate but this judgement was reversed by the Madras High Court. The Supreme Court agreed with the Madras High Court as it found the second marriage to be valid and performed as per the customs prevalent. Thus, the appellant was found to be guilty of committing the crime of bigamy.[2] (2010) 11 SCC 749[3] (2001) 7 SCC 487

A DEPARTMENTAL ENQUIRY CAN BE INITIATED:

In one of outstanding judgements, the Apex Court in the case of State of Karnataka v. T. Venkataramanappa[4], established that even if an individual was acquitted in a case of bigamy, still a departmental enquiry can be initiated against him.

TIME LIMITATION:

In the case of M.Saravana Porselvi v. A.R. Chandrashekar[5], the Supreme Court made it quite clear that there is no limitation of time period to take action against bigamy. It is imperative of when the second marriage was solemnized, the criminal procedure can be set in motion any time. CASE OF EX-PARTE DECREE OF DIVORCE:

In a scenario where a spouse who has secured a one-sided divorce from a Court and remarries but later, the first wife is successful in overturning the divorce, can the man be prosecuted for bigamy?In a landmark judgement in the case of Krishna Gopal Dwivedi v. Prabha Dwivedi[6], the Apex Court made it quite clear that the man shall not be held guilty of bigamy. The reasoning behind this is that during that time period when he married for the second time, he was legally divorced. CONCLUSION:

Bigamy is a social problem that has been in our society from ancient times. Its impact on the affected women and families is great and ranges from financial difficulties to psychological complications. Both the women are aggrieved in such cases but on the one hand, the first wife, who is legally wedded, gets all empathy, the second wife is shunned and ostracized by the society at large.The Hindu Marriage Act, 1955, has done a commendable job in the sense that it has made remarkable changes in the Act and adopted modern outlook. It goes a long way in securing the rights of the first wife in almost all stance giving preference to the inherent cultural sanctity of Hindu marriages.Each case law is an outstanding example of an ever-evolving legal system. Different circumstances and varied situations need to be scrutinized independently, wholly on the merits of it. Society is always changing and evolving and thus, it is the need of the hour that the legal issues are weighed in this context.[4] (1996) 6 SCC 455[5] (2008) 11 SCC 520[6] (2002) 10 SCC 216

school of legal education

[yes-lakshmi-posts-blog]

Karnataka High Court Verdict: Hindu Women Have Same Right After Husband’s Death Or Remarriage In His Property

A petition was filed by A N Amrut Kumar, resident of Challakere town in Chitradurga district in Karnataka High Court with regard to property matter after remarriage or death.

The High Court dismisses the petition and stated view that a Hindu widow can’t be divested of the property of deceased husband or a second marriage.

In the instant case where Amrut and his widowed stepmother A N Vanita were parties to a civil suit with regard to partition and separate possession of its property. Son here in the instant case filed an application in the court after his mother remarried by stating the fact that after father's death his stepmother can't claim a share in family property. But the application was rejected by the court on November 22, 2018.

Aggrieved Amrut challenged the verdict of High Court and alleged that his application for adjudication of rights of properties under the decree must not have been rejected and cost of rupees 5,000 shouldn't have been imposed on him.

He also contended that his mother had contracted to enter in the second marriage after his father's death and hence there should be fresh adjudication regarding her share.

It was mentioned in order by justice Krishna Dixit dismissing the claim that, “If unchastity or remarriage of a Hindu is not a ground to divest the property vested in her and it is not a valid reason just to take away property from Hindu widow only because she has contacted a second marriage especially when the constitution of India and its gender equality.

A widow becomes the full owner of the share in her husband’s property that may devolve on her by succession under the present section. Her remarriage, which would evidently be after the share is vested in her on her husband’s death, would not divest her of such a share.

[aleishadaniar-blog]

Agency Group On Panama Leak To Probe Paradise Papers

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