Saturday, September 21, 2019

Man’s death in MRI room: Bombay high court grants interim compensation of Rs 10 lakh to kin

The 
Bombay high court
 on Tuesday granted interim compensation of Rs 10 lakh to the family of a 32-year-old salesman in Mumbai who died last January after being 
sucked into an MRI machine 
at a civic hospital, observing that the “unfortunate incident’’ was prima facie a case of negligence. 

The HC directed the civic body and 
BYL Nair hospital 
, where the death occurred, to pay the amount within six weeks offering some reprieve to the victim's family.


“But for the 
on part of hospital authorities the incident wouldn’t have taken place,’’ said the HC bench of Justices Akil Kureshi and SJ Kathawalla on Tuesday. “Hospitals should take all necessary precautions based on such case. Municipal hospitals are visited by a large number of people, relatives, many from rural areas lacking in awareness. It would be unreasonable to think that they are aware about entering 
 room without metal objects," said Justice Kureshi dictating the order in open court.

The court also directed the family to put the amount in a fixed deposit. The state chief minister's relief fund had released Rs 5 lakh to the family last year, said the Brihanmumbai Municipal Corporation (BMC) counsel Joquim Reis. The FD, the court suggested, is to ensure that the money is secure and grows, after observing that the man, a salesman with a ‘multi brand outlet’ earning Rs 36,000 monthly was the “virtually sole earning member’’ who lived with his aged parents and unmarried sister. “The proof of income is not conclusive,’’ observed the HC, adding that the final compensation amount would be computed after a detailed hearing where his age, income, dependents and future earning capacity would be factored in.
 resident, Rajesh Maru, died after getting pulled into the MRI machine along with an oxygen cylinder he allegedly carried into the room for his ailing relative.

The HC noted the contents of an FIR filed and statements recorded in the case too.

BMC special counsel Joaquim Reis had argued that it was the first incident of its kind and a departmental inquiry was being conducted and the role of four others being probed. He had submitted that a preliminary inquiry, subject to final inquiry, had pointed towards two staff, a ward boy and another, for prima facie negligence.

“As per the employer, its staff was negligent in discharge of duties.The BMC thus cannot avoid its liabilities to pay compensation,’’ said the HC in the interim order.

Saturday, September 14, 2019

Don’t indiscriminately attach bank accounts: Gujarat HC

The Gujarat high court on Friday directed GST officials not to use their powers to attachproperties during tax evasion probes to “harass” businessmen.
The high court observed that attachment of properties, especially bank accountsof businessmen, may damage their business. Hence the power should be used sparingly.

The high court was dealing with cases filed by one Pranit Desai and his six companies after GST officials attached various bank accounts during their investigation into input tax credit fraud to the tune of Rs 43 crore. Desai complained that the attachment was affecting his business badly because he was unable to make transactions since March. He is into manufacturing of refractive lining material.

The issue before the high court was the powers conferred on GST officials under Section 83 of the GST Act. The bench of Justice J B Pardiwala and Justice A C Rao observed that provisional attachment under Section 83 should be made after the assessing officer feels that it is absolutely necessary in the interest of revenue.

The court said, “The power conferred upon the Assessing Authority under Section 83 is very drastic, far-reaching power and that power has to be used sparingly and only on substantive weighty grounds and for valid reasons. To ensure that this power is not misused, no safeguards have been provided in the Section 83…It should not be exercised unless there is sufficient material on record to justify the satisfaction that the assessee is about to dispose of the whole or any part of his property with a view to thwarting the ultimate collection of the demand.”

The court made it clear, “It (attachment) should neither be used as a tool to harass the assessee nor should it be used in a manner which may have an irreversible detrimental effect on the business of the assessee.”

The high court ordered the government to release all bank accounts belonging to Desai and his six companies with the observation, “The attachment of bank accounts and trading assets should be resorted to only as a last resort because, the attachment of the bank accounts of the assessee would paralyse the functions and business of the assessee.”

Friday, September 13, 2019

'Sorry, have lost faith in you': Madras High Court slams Tamil Nadu govt after AIADMK's illegal hoarding kills 23-year-old techie

  • Madras High Court came down heavily on the Tamil Nadu government on Friday after a 23-year-old Chennai woman was killed in an accident after a large flex board fell on her. 
  • The court, which has on previous occasions outlawed the use of large political hoardings along streets, expressed its displeasure on the non-compliance of its order by the ruling party.
  • A hoarding about AIADMK party had come off lose and fallen on Subashree, a software engineer, after which she fell off her two-wheeler and came under a water tanker on Thursday.
A hoarding about AIADMK party had come off lose and fallen on Subashree, a software engineer, after which she fell off her two-wheeler and came under a water tanker on Thursday. The accident took place on the Pallavaram-Thoraipakkam road when the woman, a resident of Chromepet in Chennai, was on her way back home. The victim received serious head injury and was rushed to Kamakshi Hospital where she later passed away.

Sunday, September 1, 2019

Indian-Pakistani lesbian couple get married – with one bride wearing a sari and the other a sherwani

Bianca Maieli and her new wife Saima Ahmad just got married in a wedding that showed ‘love has no boundaries’.
The lesbian couple, respectively from India and Pakistan looked regal on their big day with one wearing a sari and the other a sherwani (groom’s outfit).
Bianca, a Colombian-Indian Christian woman met Saima, a Muslim woman from Pakistan at an event where they live in the U.S.
Some time later, the couple decided to tie the knot in California, wearing two traditional outfits.
South Asian fashion designer Bilal Hussain Kazimov dressed Bianca in a stunning ivory sari, complete with a maang tikka (head jewellery), gold bangles and pearl kadas (bangles).
Saima, on the other hand, opted for a sherwani, traditionally worn by male grooms from South Asia.
They went for similar vibes during their Mehendi too (pre-wedding ceremony).
Saima was also dressed by Bilal and went for a black sherwani with embroidered detail in gold hues and other colours.
She completed the look with a dupatta (scarf) on her side and a moti (read pearl) mala
On their wedding day, there were baraat processions – whereby both sides of the family meet, singing and dancing – and the brides also joined in.
They then exchanged rings and officially got married.
At their Mehendi, they were equally gorgeous, with Bianca wearing a pink lehenga (skirt-top combo) while Saima sported a kurta pyjama (a lighter version of sherwani) which she teamed up with a pink brocade jacket.
News of the couple’s sweet union has been met with wide praise online, with many commending the couple for bringing together two divided nations.
One person wrote: ‘Despite tensions over Kashmir, this marriage is a positive step in strengthening Indo-Pak relationship. Good luck to the couple. Congratulations’. 
While another wrote: ‘How beautiful is love. Indeed there are no boundaries in love.’

Bianca and Saima aren’t the only couple to unite two opposing nations.