Madras HC Rules In Favour Of Pregnant Police Aspirant

Madras HC Rules In Favour Of Pregnant Police Aspirant, Says Participation In Running Test A Sign Of Courage.

The order passed by Justice S. Vimala pronounced a few days before her retirement, began like this:

"To realize the value of - ONE YEAR, ask a student who failed a grade; ONE MONTH, ask a mother who gave birth to a premature baby; ONE WEEK, ask the editor of a weekly newspaper;.....ONE HOUR, ask the lovers who are waiting to meet; ONE MINUTE, ask a person who missed the trophy; ONE SECOND, ask a person who just avoided an accident; and HALF A SECOND, ask the petitioner, who missed the post of Grade II Constable."

Will it be right to decline employment to a pregnant woman on the ground that her physical fitness during pregnancy is not a match as that of her counterparts, who are not similarly placed?

The participation by the petitioner in a running test itself is a sign of courage, as persons similarly placed would be afraid of because of fear of losing the child through abortion.

"The concessions given to pregnant women shall not be construed as a concession towards personal comfort of the women.The child birth should be considered as a contribution to continuity of generations,without which the existence of the world is impossible."

Justice S Vimala said in her order granting relief to R. Devika, who participated in efficiency test for recruitment as a Grade II Police Constable, while she was eight weeks pregnant.

Read more here: (link: https://www.livelaw.in/news-updates/madras-hc-pregnant-police-aspirant-running-test-courage-142309) livelaw.in/news-updates/m…

New Cheque Dishonour Amendment Explained - Gujarat HC - Times of India

In an important order in a cheque bouncing case, Gujarat high court has explained and clarified the new law regarding jurisdiction of courts in such matters and where an aggrieved party can file a complaint.

In this case, the petition was filed by a resident of Uttar Pradesh after an Ahmedabad-based firm moved the Ahmedabad metropolitan court under Section 138 of the Negotiable Instruments Act against a dishonoured cheque. The cheque was issued in Badalpur, UP, and deposited in a bank in Gorakhpur, UP. When the cheque was dishonoured due to inadequate balance, the payee filed a complaint in Ahmedabad.

The UP resident questioned the jurisdiction of Ahmedabad court on the ground that the cheque was issued in UP and delivered in UP. No action in the matter had taken place in Ahmedabad. On the other hand, the Ahmedabad-based firm argued that the complaint was maintainable because the company had its bank account in Ahmedabad.

Justice J B Pardiwala rejected the UP resident's contention and gave a clarification on the amended law. The court made it clear that "when the cheque is delivered for collection through an account, the complaint is to be filed before the court where the branch of the bank is situated, where the payee or the holder in due course maintains his account and, secondly, when the cheque is presented for payment over the counter, the complaint is to be filed before the court where the drawer maintains his account."

The issue has a curious history. In 2014, the Supreme Court ruled that cheque return cases can be filed in a court where the issuer (drawer) maintains his account. This resulted in shifting of lakhs of cases from one town to the other and caused complainants difficulties.

To put an end to the payee's troubles, the President promulgated the Negotiable Instruments (Amendment) Ordinance in June 2015. This provided that the complaint can be filed in a court where the payee maintains his bank account. While the amended law takes care of interest of the payee of the cheque, it also tries to ensure that drawer of multiple chequess is not harassed by payees filing different complaints at different places. In such a case, all complaints should be filed in the court where the first case was lodged.

Source -http://m.timesofindia.com/city/ahmedabad/High-Court-explains-new-cheque-bounce-law/articleshow/51751606.cms

P&H HC - Foreign Citizens covered under MWPSC Act

The Punjab and Haryana High Court has held that foreign citizens living in India are also entitled to benefits conferred under Maintenance and Welfare of Parents and Senior Citizens Act. Justice H.S. Siddhu made this observation in Hamina Kang vs. District Magistrate.

Challenging an order issued under the Act, the petitioner had contended that an application can be filed only by a “Senior Citizen” which term as per its definition in Section 2(h), means a person who is a citizen of India and is of the age of sixty years or above.

Rejecting such a contention the Court observed that there is no requirement for the parent to be a citizen of India.

 A senior citizen is a person who is a citizen of India and is of the age of sixty years or more. 

Since the requirement of being a citizen of India is only a part of the definition of a senior citizen, a father or mother, whatever his or her nationality would be a `parent’. Thus, a person who is a parent would be entitled to the benefits of the Act which are conferred on parents, irrespective of his or her age or nationality, the Court said. 

The Court also observed that the Rules made under the Act can be invoked by a `Parent’, even though he may not be a `Senior Citizen’ as defined in the Act.

The court further observed that the applicants are not natives of U.S and were Indian Citizens by birth. “They have had their education from India, getting the Engineering and MBBS degree respectively from Punjab Engineering College, Chandigarh and Government Medical College Amritsar. Respondent No. 2 served the Indian Army for ten years from 1959 to 1969 and went to USA after getting discharge from the Army. It is thereafter that they acquired U.S. Citizenship. Having retired from their jobs, they now want to settle in India. They are presently registered as `Overseas Citizens of India’. They cannot be denied the benefit of the 2007 Act”, the Court.

Source - http://www.livelaw.in/foreign-citizens-living-in-india-entitled-to-benefits-conferred-under-maintenance-and-welfare-of-parents-and-senior-citizens-act-punjab-and-haryana-hc/