SOCIAL, FINANCIAL & LEGAL

  Crabs in the Barrel Latest supreme court judgement on reservation for Economically Weaker Section (EWS) is a welcome move.   One of the substantial question of law that came before the court was   ‘’Whether reservation can be given based on financial status as against caste system.’’       Although it is was overall 3:2 majority judgement, it is very interesting to note that all the 5 judges unamiously agreed with the concept that reservation can be given based on financial status of a person which was hitherto was only based on Caste.   Also, all the judges have observed in chorus that the reservation policy should   be revisted.   Hence, going by this I am of the opinion that days are not too far where reservation policy will be solely based olely on economical & financial status of a person and not based on caste & creed.       Presently a perso...

  PDC – IS A CAKE ONE CANNOT HAVE IT AND EAT IT TOO!           I am sure many of you would have lent money and taken Post Dated Cheques as security.   But do you really know how safe this practice in the eyes of law.   It is no doubt that as per Section 138 of Negotiable Instruments Act dishonour of cheque attracts criminal punishment including imprisonment. But this provision does not come without legal tags attached to it. Let’s see one of the recent landmark judgement by SC in case of PDC.   In the instant case ** Ramesh lent Rs.1,000/- on 01.01.2022 to Suresh repayable in 90 days and took a PDC dated 31.03.2022 as security. But in the period between 01.01.2022 to 31.03.2022 Suresh repaid Rs.10/- but failed to pay the balance Rs.990/- on 31.03.2022.     So Ramesh presented the cheque for Rs.1,000/- on 31.03.2022 which eventually got dishonoured. Now question of law that was decided by SC was ‘whether Ramesh can sue Sur...

  WHY DID DR. KALAM DIDN’T SEE SUDAMA IN NAMBI?                                                Hope by this time you would have watched the film ‘Rocketry’. This picture is based on the true story of Mr. Nambi Narayan, an Aero Space Engineer who was falsely implicated in an espionage case in the year 1994.   After a great ordeal by Mr Nambi, was exonerated by supreme court by an order dated 14.09.2018.   I understand from the film that Nambi was close to late Dr. Kalam while working with him at ISRO during 90s.    After that Dr Kalam was posted at DRDO and thereafter he became the president of India in the year 2002.   During the tenure of Dr Kalam as President of India (2002-2007), Mr Nambi was fighting his case in Supreme Court for acquittal and compensation.   Why did Dr Kalam knowing Nambi from close quarters did not cam...

    MORALITY VS CRIMINALITY   Few months back America’s supreme court overturned its own verdict in the case of Roe Vs Wade , in effect withdrawing the constitutional right on Abortion which the American Women were enjoying over 5 decades.   This judgement created sensation all over the world and the entire international media was glued to this news which was marked by widespread protests all over USA.   While at it, last week (29.9.2022) Indian supreme court passed a landmark judgement wherein it   made   ‘Abortion’ almost a fundamental right to a   woman.   Unfortunately this bypassed the main stream media.   For the starters, unlike US, India has a well defined abortion laws which is governed by The Medical Termination of Pregnancy Act 1971 (amended in 2021).   Rules under this Act sets a comprehensive guidelines which gives a woman right to seek abortion and protection for the medical practioners who perform such abortio...