A person suffering 100 % burn injuries could be deemed capable enough for the purpose of making a dying declaration

A person suffering 100 % burn injuries could be deemed capable enough for the purpose of making a dying declaration. - Says Supreme Court

Vijay Pal v. State (GNCT) of Delhi
CRIMINAL APPEAL NO. 2153 OF 2011

Judgment Dated : 10/03/2015

CORAM : DIPAK MISRA .J , N.V. RAMANA .J

CATCHPHRASE :
1. How an oral dying declaration is to be scrutinized? (Laxman v. State of Maharashtra (2002) 6 SCC 710)

2. PLEA of ALIBI : When a plea of alibi is taken by an accused, burden is upon him to establish the same by positive evidence, after onus as regards presence on the spot is established by the prosecution. (Refer para 23)

3. The dying declaration can be oral or in writing and any adequate method of communication whether by words or by signs or otherwise will suffice, provided the communication is positive and definite.

If the assessment of evidence by the High Court is perverse and unsupportable , the Supreme Court may re-appreciate the evidence Art.136 of India Constitution..- Says Supreme Court

The grammar of law permits the testimony of a prosecutrix can be accepted without any corroboration without material particulars, for she has to be placed on a higher pedestal than an injured witness, but, a pregnant one, when a Court, on studied scrutiny of the evidence finds it difficult to accept the version of the prosecutrix, because it is not unreproachable, there is requirement for search of such direct or circumstantial evidence which would lend assurance to her testimony. - Says Supreme Court

Md. Ali @ Guddu v. State of U.P.
CRIMINAL APPEAL NO. 2238 OF 2010

Judgment Dated : 10/03/2015

CORAM : DIPAK MISRA .J , N.V. RAMANA .J

Brief Facts of the Case :

Gulistan, a 14 year old girl went out of her house to answer the call of nature but did not return for a considerable time - Search was made but found missing - FIR lodged after 11 days of the incident - Police arrested Appellant and other accused on the ground of suspicion - charged under Sections 363, 366, 368 and 376 IPC - Medical evidence not in corroboration to Prosecutrix story. -

CATCHPHRASE :
In an appeal under Article 136 of the Constitution, this Court does not normally appreciate the evidence by itself and go into the question of credibility of witness.
The Court has opined that the assessment of the evidence by the High Court is accepted as final except where the conclusions recorded by the High Court are manifestly perverse and unsupportable by the evidence on record.
Cases relied upon :
1.Arunachalam v. P.S.R. Sadhanatha and Anr.
2.State of U.P. v. Babul Nath
3.Ganga Kumar Srivastava v. State of Bihar
4. Rajesh Patel v. State of Jharkhand

Woman has twins with ex-boyfriend's stolen sperm, courts rule ex to pay child support

(NaturalNews) As a society, we no longer chastise a woman for having sex outside of (or before) marriage. The double standard of the experienced male and the virginal female is, thankfully, outdated. But our new societal mores has not ended the practice of females purposely getting pregnant in order to hook their men. And in Texas, this practice just hit a new low. A woman apparently stole her boyfriend's sperm from used condoms, took the sperm to a fertility clinic for IVF treatments, became impregnated with twins, and has now successfully sued him for child support.

Our courts make baffling decisions on a pretty regular basis. At first glance this looks like an excellent example, through the full story may help explain the court ruling.

After two years of dating, Joe Pressil and his girlfriend, Anetria, broke up. Three months later, in 2007, she told him she was pregnant. A paternity test confirmed he was the father of her twin children. Anetria moved back in with Joe and he supported his children.

Seven years later, (this past February), Joe found a receipt from a sperm bank, Omni-Med. They referred him to Advanced Fertility, a clinic that confirmed his "wife" brought his sperm to their clinic for in vitro fertilization.

Also, in February, Joe assaulted Anetria. It is unclear as to whether this domestic violence occurred before or after he discovered the receipt.

This couple is no longer living together. Joe has moved out of state. He is suing the fertility clinic and the sperm bank that is still holding a sample of his sperm, and of course, Anetria sued for and was granted child support.

Stealing Joe's sperm and regaining a place in his life through such devious means is an unconscionable act. We don't know if Joe has attempted to gain custody, and the assault, regardless of the circumstances, certainly hurts his chances if custody is his goal.

In the meantime, two children are caught in the crossfire, two children that have known Joe as their father for about seven years. Two children who have been supported by their father for seven years. This is why I believe the courts ruled in her favor and awarded child support--the best interests of the children.

Learn more: http://www.naturalnews.com/047121_sperm_bank_paternity_child_support.html#ixzz3TQfgl500

Shale Oil and Gas

The Minister of State (I/C) for Petroleum & Natural Gas Shri Dharmendra Pradhan informed the Lok Sabha in a written reply today that the shale boom helped US to produce nearly 15% of the global crude oil thereby significantly reducing its imports. The yearly growth of US crude oil production is around 1-1.2 MMB/D against the world demand growth of 0.8 MMB/D. The increase in oil and gas production in the United States of America is one of many possible factors helping in lowering of international prices of crude oil and spot prices of LNG. This has resulted in a lower crude oil import bill. This has also led to a reduction in prices of petroleum products like petrol, diesel, ATF, SKO, LPG, etc., thereby benefiting the consumers.

In order to explore/ assess the shale gas and oil potential in the country, the Government of India has on 14.10.2013 notified the Policy Guidelines for Exploration and Exploitation of Shale gas and Oil by National Oil Companies in the PEL/PML blocks allotted to them under the nomination regime. Under the first phase of assessment (3 years), ONGC and OIL have been granted permission to carry out shale gas and oil exploration and exploitation activities in 50 and 5 PEL/PML blocks respectively.

At present, the exploration of shale gas and oil is at a nascent stage. ONGC has drilled two wells and the third well is being drilled in the Cambay basin, Gujarat. In addition, ONGC has collected cores in prospective shale formations from another 9 wells.

Oil field chemicals used in upstream oil and gas industry can be classified as (i) drilling chemicals, (ii) processing chemicals, (iii) stimulation chemicals and (iv) water-injection chemicals. To handle such chemicals, there are standard operating procedures to take care of human safety and environment. Oil and gas companies follow International Organization for Standardization (ISO)/Occupational Health & Safety Advisory Services (OSHAS) standard and are certified for QHSE (Quality, Health, Safety and Environment).

Legal Avatars could soon be reality

Robots and artificial intelligence in the legal eco-system are an opportunity and a blessing rather than a threat and a curse, according to the author of a book on the future of law.Evgenii Bobrov 
Legal avatars are circling the marketplace 
'The dawn of robot law is upon us. Realise the future or ignore it, prepare or watch from the sidelines: it’s your choice,' says Chrissie Lightfoot, author of Tomorrow’s Naked Lawyer: NewTech, NewHuman, NewLaw. Her book predicts that artificial intelligence, iCyborgs and robots will infiltrate and shake-up the legal profession well before 2020. 'Artificial intelligence (AI) and robotics in the legal eco-system are to be embraced, not resisted, for the new arms race is all about AI,' she says, adding that legal avatars could be a reality as early as this year. 
Robotic legal staff 
Citing from her latest book, the author says that in the very near future it is ‘perfectly possible and probable that blue-collar & white-collar robot legal staff will work alongside ‘pure blood’ lawyers and ‘hybrid humans’ (NewHuman)…It’s not as far off as people think.’ She points out that the world already has robot nurses, robot waiting staff and humanoids. 'It’s inevitable that robots will infiltrate the legal world, and in a really good way. This year we will witness avatars enter the legal work space, I have no doubt.’ Recently, student lawyers have designed an app called Ross, claimed as the 'first artificially intelligent attorney,' which is able to conduct legal searches in answer to natural language queries, based on IBM’s cognitive computer. 
Entrepreneurialism is a must 
Ms Lightfoot’s book is published in the week of the Global Law Summit. At the event, Professor Susskind, IT adviser to the Lord Chief Justice, has warned lawyers attending the Global Law Summit earlier this week that they have a ‘window of opportunity’ before technological changes in the 2020s transform the way they work. ‘Entrepreneurial, imaginative and creative lawyers’ should seize the opportunity to think differently about what they do,’ he said.With entrepreneurialism high on the agenda, ‘the future of the law depends on entrepreneurialism being injected into our profession,’ Professor Susskind maintained. 
Legal Avatars 
Views in NewTech, NewHuman, NewLaw are also supported by Rohit Talwar, CEO FastFuture and global futurist, who predicts that by 2020, avatars will be mainstream in society. By 2025, robots will have entered every aspect of human life and will be performing a wide range of functions, from complex surgery to policing and security. 
NewTech 
NewTech, a term coined by Ms Lightfoot for cloud-based systems software and artificially intelligent machine systems, cannot be under-estimated or understated in bringing about legal efficiency. Discerning clients and prospects, from general counsel to laymen, expect and demand efficiency, she stated. 'AI and robots will certainly help in achieving this goal.’ Dr Peter Waggett, head of Emerging Technology at IBM observes in Ms Lightfoot’s predictions: ‘It’s not IF computers will be smarter than humans, but when.' 
Chrissie Lightfoot is author of Tomorrow’s Naked Lawyer: NewTech, NewHuman, NewLaw – How to be successful 2015 to 2045. (published Dec 2014 ), and its prequel bestseller The Naked Lawyer: RIP to XXX – How to Market, Brand and Sell You! (Dec 2010). You can pick up her latest book today by emailing publishing@ark-group.com or call +44(0) 207 566 5792

SOURCE : http://www.globallegalpost.com/big-stories/legal-avatars-could-soon-be-reality-67990079/

Finance Minister Shri Arun Jaitley Outlines Measures to Curb Black Money in Budget 2015-16

In order to curb trade based money laundering, making false declarations/ documents in the transaction of any business relating to Customs (section 132, Customs Act) will be brought under the Prevention of Money Laundering Act as a “predicate offence”.

A Bill for a comprehensive new law to deal with black money parked abroad is likely to be introduced in the current session. Key features of the new law on black money are –

·         Evasion of tax in relation to foreign assets to have a punishment of rigorous imprisonment upto 10 years, be non compoundable, have a penalty of 300 % and the offender will not be permitted to approach the Settlement Commission.

·         Non filing of return/filing of return with inadequate disclosures to have a punishment of rigorous imprisonment upto 7 years.

·         Undisclosed income from any foreign assets to be taxable at the maximum marginal rate.

·         Mandatory filing of return in respect of foreign asset.

·         Entities, banks, financial institutions including individuals all liable for prosecution and penalty.

·         Concealment of income/evasion of income in relation to a foreign asset to be made a ‘predicate’ offence under PML Act, 2002

·         PML Act, 2002 and FEMA to be amended to enable administration of new Act on black money.

Also, the Government proposes Benami Transactions (Prohibition) Bill to curb domestic black money to be introduced in the current session of Parliament.

DSM/YSK/SPS/VKS

(Release ID :116174) 

Eligible Donations to Swachh Bharat Kosh and Clean Ganga Fund to be 100% Deductible under section 80G of the Income-tax Act.

The Finance Minister, Shri Arun Jaitley presenting the Budget for 2015-16 in Lok Sabha today, proposed that donations (other than CSR contributions under the Companies Act 2013) to the Swachh Bharat Kosh (by residents and non residents) and Clean Ganga Fund (by residents) will be 100 % deductible under section 80G of the Income-tax Act. 

He emphasized on improving the quality of life and public health through Swachh Bharat initiatives. He increased the clean energy cess from Rs. 100 to Rs. 200 per metric tonne of coal etc. to finance clean environment initiatives. Shri Jaitley further raised excise duty from 12 % to 15 % on sacks and bags of polymers of ethylene other than for industrial use. He further introduced an enabling provision to levy Swachh Bharat cess at 2 % or less on all or certain services if required. Shri Jaitley proposed in the budget to exempt services by common effluent treatment plants from service tax. Concessions on custom and excise duty for electrically operated vehicles and hybrid vehicles are to be extended upto 31.03.2016, Shri Jaitley said. 

DSM/YSK/SPS/VKS 
(Release ID :116180)