AIADMK chief and Tamilnadu's Chief Minister Jayalalitha convicted in disproportionate Assets case, read full judgment

In a landmark judgment pronounced on 27th September 2014 and running into 1176 pages, the court of Shri John Micheal Cunha, 36th Addl. City Civil and Session Judge, Bangalore convicted the Chief Minister of Tamilnadu Smt. J. Jayalalitha in the 10 year old Assets Disproportionate Case under Prevention of Corruption Act and sentenced her to 4 year imprisonment and a fine of Rs.100 crore.

She was accused of amassing wealth disproportionate to her known sources of income during the check period of 1.7.1991 till 30.4.1996 to the extent of Rs.66 crores. The case against her was instituted on the complaint of Dr.Subramaniam Swamy, the them President of Janata Dal.

Click below to read the Full Text of the judgment dated 27th September 2014.

Full Text of Jayalalitha conviction judgment.

Patients have right to take their medical records under RTI from Hospitals, rules CIC

The Central Information Commission (CIC) in a far reaching judgment, delivered a detailed judgment on 24^th July 2014 holding that a person has right to take copy of his or her medical records from the hospital., whether Govt or private hospitals, under RTI Act. The Commission referred to various judgments and constitutional provisions as also medical ethics in support of its judgment.

This judgment was delivered in the case of Ms. Nisha Priya Bhatia vs Institute of Human Behaviour & Allied Sciences, Govt of NCT of Delhi on 24^th July 2014.

Read the Full Judgment. 

Sunil Goel advocate B.Sc. L.Lb L.Lm

Supreme Court : Women increasingly using the anti-dowry law to harass the in-laws

The Supreme Court of India in an important judgment passed on 2nd July 2014, said that women are increasingly using the anti-dowry law to harass in-laws and restrained police from mechanically arresting the husband and his relatives on mere lodging of a complaint under Section 498A of the Indian Penal Code. The Supreme Court issued guidelines to be followed by the police in such matters. The Court further held that these guidelines have to be followed by the police and magistrates in all cases where offence is punishable upto 7 years. 

See complete Judgment

Supreme Court of India awards highest compensation in medical negligence case

Dear Friends,

The Supreme Court of India has pronounced a landmark judgment on 24th October 2013 on the quantum of compensation to be awarded in cases of medical negligence. This case pertains to Dr.Kunal Saha, a doctor in US, whose wife died due to medical negligence due to medical negligence of the doctors and hospital at Kolkatta about 15 years back. The National Consumer Disputes Redressal Commission had awarded Rs.1.34 crore which has been enhanced by the Supreme Court to Rs.6.08 crore. 

The Supreme Court, in this 210 page judgment, referred to several earlier judgments of itself  as well as of foreign courts and beautifully discussed the law of compensation in detail. The Court also advised the medical practitioners to be vigilant in future and to continuously update themselves with latest developments in medical field so that such incidents do not recur.

This judgment, I feel, will go a long way, in furthering the right to good health of the masses and will check the tendency on part of some medical practitioners to take their patients and their work lightly. 

Read the full judgment.

Sunil Goel advocate B.Sc. L.Lb L.Lm

FULL TEXT OF FODDER SCAM JUDGMENT PASSED ON 30TH SEPTEMBER 2013 AND 3RD OCTOBER 2013 CONVICTING AND SENTENCING LALU PRASAD YADAV

In a landmark judgment passed by Shri Pravas Kumar Singh, Spl. Judge-IV, CBI, Ranchi on 30th September 2013, the ex-chief Minister of Bihar Shri Lalu Prasad Yadav was convicted in the infamous Fodder Scam. On 3rd October 2013, he was sentenced to 5 years in jail and Rs.25 lakh fine. 

This judgment is in 7 parts. 

I made some efforts and was able to procure the judgment for my friends and readers. Here is the link to the judgment...

Do let me know your feedback and comments.

Sunil Goel advocate B.Sc. L.Lb L.Lm

SUPREME COURT OF INDIA BY 2:1 MAJORITY QUASHES NATIONAL ELIGIBILITY CUM ENTRANCE TEST (NEET) for admission TO MEDICAL COLLEGES

Dear Friends,

A three-judge bench of  Supreme Court of India headed by CJI Justice Altamas Kabir (who retires on 19^th July 2013) has pronounced an important judgment on 18^th July 2013.  The Medical council of India had prescribed National Eligibility cum Entrance Test (NEET) for admission in MBBS, BDS and post-graduate medical courses for improvement in standards of medical education and medical students. The NEET is a single entrance-cum-eligibility-test for admission in all medical colleges in India. The three-judge bench by a 2:1 majority (CJI Altamas Kabir and Justice Vikramajit Sen) quashed the NEET and held that the Medical Council of India had no powers to conduct single entrance examination.

However, the 3^rd judge Justice A.R.Dave gave separate dissenting judgment and held that the notification prescribing NEET for admission to medical colleges is not only legal but is a boon for students aspiring to join medical profession. He inter-alia observed : “In my  opinion,  introduction  of  the NEET would ensure more transparency and less hardship to the  student  eager to join the medical profession.  Let us see the consequence,  if the apex bodies of medical profession are not permitted to conduct the  NEET.  A student, who is good at studies  and  is  keen  to  join  the  medical profession, will have to visit  several  different  States  to appear at different examinations held by different medical colleges or institutes so as to ensure that he gets admission  somewhere.   If  he appears only in one examination conducted by a  particular  University  in a particular State and if he fails there,  he  would  not  stand  a chance to get medical education at any other  place.   The  NEET  will facilitate all students desirous of  joining  the  medical  profession because the students will have to appear only at one  examination  and on the basis of the result of the NEET, if he is  found  suitable,  he would be in a position to get admission somewhere in the  country  and  he can have the medical education  if  he  is  inclined  to  go  to  a  different place.  Incidentally, I may state here that  learned  senior counsel Mr. Gupta had informed the Court that some  medical  colleges  who are more in a profiteering business rather than in the noble  work  of imparting medical education, take huge amount by way of donation or capitation fees and give admission to  undeserving  or  weak  students under one pretext or the other.   He had also  given  an  instance  to support the serious allegation made by him on the  subject.   If  only  one examination in the country is conducted and admissions  are  given on the basis of the result of the said  examination,  in  my  opinion, unscrupulous and money minded businessmen operating in  the  field  of  education would be constrained to stop their corrupt practices and  it would help a lot, not only to the deserving students but also  to  the nation in bringing down the level of corruption”.

The majority judgment will help Private Colleges who sell MBBS seats on caption. It is understood that Govt. is planning to refer this judgment to a Constitution Bench.

Read the full Judgment.

Sunil Goel advocate B.Sc. L.Lb L.Lm