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Tuesday, 18 April 2023
4 पारी की नाकामी की दूर, लगातार 3 चौके ठोक जमाई पहली फिफ्टी, रोहित के कलेजे को मिली होगी ठंडक
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Daughter's Right To Claim Marriage Expenses Irrespective Of Religion: Court
Kerala High Court on Tuesday observed that the right of an unmarried daughter to get reasonable expenses concerning her marriage from her father cannot have a religious shade.
The Division Bench comprising Justice Anil K Narendran and Justice PG Ajithkumar observed this while considering a question as to whether there is a provision entitling a Christian daughter to realize marriage expenses from the immovable property of her father or the profits therefrom.
The Court added, "It is the right of every unmarried daughter irrespective of her religion. There cannot be a discriminatory exclusion from claiming such a right based on one's religion. The right of an unmarried daughter to get marriage expenses from her father is a legal right. By taking an analogy from the Hindu Adoptions and Maintenance Act that right, irrespective of religion can be enforced against the profits from the immovable property of the father."
Court considered this question while considering petitions filed by two daughters residing with their mother, following the estranged marital relations between her and the respondent.
The petitioners submitted that the respondent had purchased the petition schedule property utilizing the fund raised by selling the gold ornaments of their mother and other financial help obtained from their mother and her family members, and a house was also built on the said property in which the respondent has been residing.
Subsequently, the petitioners filed an interlocutory application for an order of temporary injunction restraining the respondent from alienating or committing any act of waste in the petition schedule property.
It was averred that if the property is alienated, as the respondent was trying to do, or some acts of mischief are committed thereon, their right to realize the amount claimed in the original petition would be hampered. They also sought an order of attachment in this context. The Court said that no relief as regards educational expenses was sought.
The Court noted, "The petitioners had no claim over the petition schedule property, except a plea for the creation of a charge for the amount claimed towards their marriage expenses, and added that if they were so entitled to get a charge in the property, they could claim injunction against alienation and commission of acts of waste."
"The petitioners are entitled to claim a charge on the immovable property of the respondent. An application for a temporary injunction against alienation would thus be legally sustainable. However, when the petitioners already have filed a petition for attachment of the same property of the respondent, there is no justification for the petitioner to claim the equitable relief of injunction prohibiting the respondent from alienating the property or committing acts of waste", the Court observed.
The Court also noted that applying for an injunction and simultaneously an application for attachment of the property shows the intention of the petitioners. Their intention is not merely to secure their right to realize the money becomes due under the decree that may be passed in O.P. No. 87 of 2022 but to cause embarrassment and inconvenience to their father.
The Court further observed, "Although the counsels for the petitioners had claimed that the petitioners had sought for expenses in connection with their education as well, the pleadings revealed that the claim was with respect to marriage expenses alone."
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K-pop Star J-Hope Starts Mandatory Military Service In South Korea
J-Hope, a member of Grammy-nominated K-pop boy band BTS, began his mandatory military service in South Korea on Tuesday, the second member of the group to do so.
The singer kept a low profile as a van carrying him entered the venue for his military enlistment ceremony in the city of Wonju, some 87 kilometres (54 miles) away from Seoul, news agency Yonhap reported.
"I'll be back later," the singer whose real name is Jung Ho-seok said on Monday in a post on fan platform Weverse, alongside a picture of his shaved head. More than 10,000 comments from fans wished his safe return after completing his military duties.
Spokespeople for HYBE, which owns the band's agency Bighit Music, declined to confirm the details of his enlistment.
J-Hope, 29, is the second member of the popular septet to enlist following Jin, the oldest, who joined the military in December.
All able-bodied men in South Korea between the ages of 18 and 28 must serve in the military for 18 to 21 months.
The military enlistment of BTS members has drawn attention from not just fans but also politicians in South Korea. Some lawmakers floated the idea of granting the hit group an exemption from mandatory military service to allow them to continue to perform instead.
However, the band's agency last year said that all members planned to complete military duty by 2025.
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High Court Rejects Plea Seeking Uniform Judicial Code In Courts Across India
Delhi High Court today refused to entertain a plea seeking a direction to the Law Commission to prepare a comprehensive report on uniform judicial code in consultation with high courts to make judicial terms, abbreviations, norms, phrases, court fee structure and case registration process uniform.
A bench of Chief Justice Satish Chandra Sharma and Justice Yashwant Varma asked the petitioner how it can entertain the plea when the Supreme Court had treated the petition to be "dismissed as withdrawn".
"Your petition was dismissed as withdrawn in the Supreme Court. If your matter was withdrawn from the Supreme Court and no liberty was granted, how can we entertain it? You go and get clarification from the Supreme Court," the bench said.
To this, petitioner and advocate Ashwini Kumar Upadhyay said he had withdrawn the petition from the top court and it's a general language used in orders.
"How will I get clarification from the Supreme Court. Many times it happens, I have seen it," he said.
However, the chief justice said he has seen it for the first time and reiterated that the petitioner should first seek clarification from the top court.
This led the petitioner to withdraw the public interest litigation (PIL) from the high court.
"Petitioner seeks to withdraw the PIL to seek clarification from the Supreme Court. Petition is dismissed as withdrawn," the bench said.
In the petition, Mr Upadhyay said he has found huge differences in judicial terms, phrases, abbreviations, court fee and case registration process used in the Delhi High Court and the Allahabad High Court.
He said the Rajasthan High Court has two benches in Jaipur and Jodhpur and both the benches have several varied descriptions regarding case types (terminologies).
"Injury to citizens is extremely large because the court fees sought for similar matters and that of similar valuation in different states under the jurisdiction of different high courts are different.
"It must be noted that judicial equality is a matter of constitutional right, its differentiation based on the jurisdiction of courts violates the Right to Equality enshrined under Article 14 which states that 'the state shall not deny to any person equality before the law or equal protection of the laws within India' and Article 15 which states that 'the state shall not discriminate against any citizen on the grounds only of religion, race, caste, sex, place of birth or any of them'," the plea said.
The PIL said unequal court fees in different states discriminate among citizens based on their place of birth and residence and it promotes "regionalism", hence it is a clear violation of Articles 14 and 15.
Besides the Law Commission, as an alternative, the plea sought a direction to the Union Law Ministry to take appropriate steps to prepare a comprehensive report on uniform judicial code in consultation with high courts.
The plea also sought the constitution of an expert committee to prepare the comprehensive report.
"The courts are not only adopting different norms and procedures for case registration and using different judicial terms, phrases and abbreviations but also taking different court fees which is against the rule of law and right to justice," the petition submitted.
On September 1, 2022, the Supreme Court refused to entertain a similar PIL filed by the same petitioner seeking implementation of a uniform judicial code in courts across the country.
The top court referred to an earlier meeting of the chief ministers and the chief justices of all high courts and said though, the matter was discussed, but all high courts refused to implement it.
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"Almost impossible" To Provide Aid In Sudan's Capital, says Red Cross
The International Federation of Red Cross and Red Crescent Societies said on Tuesday it was nearly impossible to provide humanitarian services around the Sudanese capital Khartoum and warned the country's health system was at risk of collapse.
"The truth is that at the moment it is almost impossible to provide any humanitarian services in and around Khartoum," Farid Aiywar, IFRC head of delegation for Sudan, told reporters via video link from Nairobi.
"There are calls from various organisations and people trapped asking for evacuation."
Mr Aiywar warned that if disruptions to the Sudanese health system persisted, "it will almost go into a collapse."
Fighting between the Sudanese army and the paramilitary Rapid Support Forces (RSF) has killed at least 185 people and injured more than 1,800, prompting calls by the international community for the fighting to stop.
"Common sense must prevail, and all parties must act to de-escalate tensions," UN High Commissioner for Human Rights Volker Turk said in a statement.
United Nations spokesperson Alessandra Vellucci would not comment on the evacuation of staff from the country, citing security concerns, but said the U.N. intended to remain in Sudan.
"We fully intend to stay and deliver our humanitarian mandate," she said.
The UN has 4,000 staff in Sudan, mainly working in humanitarian operations and supporting political missions, Ms Vellucci said. The UN's World Food Programme has temporarily halted operations after three of its employees were killed.
In separate comments, the World Health Organization said it had documented three attacks against health care facilities since the fighting erupted in Sudan, one of which had killed at least three people.
"Attacks on health care are a flagrant violation of humanitarian law and the right to health, and they must stop now," WHO spokesperson Margaret Harris said.
Ms Harris said that hospitals in Khartoum were severely lacking lifesaving supplies and that blackouts were making it difficult to render basic services.
"It's so dangerous for anybody to move anywhere, which is making it so difficult for staff to actually get to the hospitals," she said.
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British Tourist Dies After Being Given 22 Shots In 90 Minutes At Polish Strip Club
A British man died of alcohol poisoning after being given 22 shots in 90 minutes while on a night out in a Polish strip club, Metro reported. The 36-year-old victim identified as Mark C was already drunk when he arrived with a friend at the Wild Night Club in Krakow. He was in Poland as a tourist with his friend, and the pair were apparently lured into the club by an offer of free entry.
According to investigators, Mark had tried to avoid getting more intoxicated by attempting to refuse drinks. However, members of the staff persuaded him to have more shots. He was given two dozen powerful shots before he collapsed and later died. After he collapsed, staff at the club robbed him of 2,200 Polish złoty (Rs 42,816) in cash.
As per Polish authorities, he had a blood alcohol content of at least 0.4 percent at the time of his death. Notably, alcohol poisoning can occur with a blood alcohol level of 0.3 percent or higher.
The incident happened in 2017, but the Polish police recently charged 58 people with being part of organised crime group in connection with the tourist's death. They also filed over 700 criminal charges against the group as they conducted a raid on a number of nightclubs.
They said, "One of the leads investigated by the investigators in the case concerns the victim who was driven to a state of intoxication, causing loss of consciousness, and then death as a result of acute alcohol poisoning. The man was not given medical assistance during the incident. Provisional arrests were made against those suspected of this act."
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उमर के बाद कामरान अकमल का हंगामा, बाबर आजम पर साधा निशाना, कहा-अब तो ये बेवकूफी…
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