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Abhyaas Law Bulletin - June 2013

Abhyaas Law Bulletin - June 2013

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Abhyaas Law Bulletin - June 2013
Abhyaas Law Bulletin - June 2013

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Published by: Abhyaas Edu Corp on Jun 11, 2013
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The Law Bulletin…
Page 1 www.abhyaas.in 
Abhyaas Law Bulletin …
For the quintessential CLAT aspirant 
 June10
th
, 2013 ALB20130606
Th
Editor’s
Column 
DearStudent,Welcome to the June edition of the Abhyaas lawBulletin. It is that time of the year where you shouldstart preparing a plan for CLAT 2014. Follow the ALPcourseplan rigorously.Chattisgarh saw one of the deadliest maoist attacks inrecent times. The top brass of the Congress leadershipin Chattisgarh was targeted. The Union governmenthas ordered for a NIA (National Investigation Agency)enquiry. Instead of indulging in blame game, the Stateand the Union governments should work in tandemtoprevent any such attacks in future.After dithering for a while, Congress finally askedPawan Bansal and Ashwini Kumar to resign.Siddaramaiah was sworn in as the Chief Minister of Karnataka after Congress won a clear majority in theassembly elections. The cyber heist of 45 milliondollars once again raised concerns about outsourcingsensitivejobs to India.The BCCI was in the midst of a spot-fixing controversyafter N
Srinivasan’s
son-in-law was arrested on fixingcharges.
HappyReading!
(Rakesh Dubbudu) Index: 
Page 2:
National 
Page 3:
International 
Page 4:
Spotlight 
The Scoop Of The Month
Maoists attack Congress convoy inChhattisgarh
A number of top Congress leaders of Chhattisgarhhave been killed or injured in an unprecedentedNaxal attack in Chattisgarh. At least a battalion of Naxalites attacked the motorcade of the Congressworkers and leaders in the hilly areas of Darbha,about 400 kilometres south of the State capital,when the leaders were returning from Sukma afterattendingan election rally.
“The
Naxals first blasted the second and third carof the motorcade and started firing. More thantwo Congress leaders have been killed or
injured,”
said ADG, Intelligence, Mukesh Gupta. Congressworkers who were present in the rally claimedthat Mahendra Karma, the powerful tribal leaderof south Chhattisgarh, was shot several times anddiedon the spot.Senior Congress leader Vidyacharan Shukla wasseverely injured and the chief of Congress inChhattisgarh, Nandkumar Patel, and his son havebeen killed. MLA of Konta, Kawasi Lakhma has alsobeeninjured.The Congress launched its
‘Parivartan Yatra’
(March for Change) in south Chhattisgarh. Therally was organised in Sukma town and after thecompletionof the rally,more(Contd
.)
 
The Law Bulletin…
Page 2 www.abhyaas.in 
 June10
th
, 2013
National:
than one hundred Congress workers and leaders werecoming back in a motorcade. After crossing Tongpalarea around 4 p.m., when the motorcade reached thehilly tract of Darbha, between Jagdalpur and Sukma,the Naxalites used a truck to block the road. Once thecars were blasted, the Naxalites started firing from allsides. Local Congress workers claimed at least 15-20 of their leaders have been injured and some of themhavealready passed away.Chief Minister Raman Singh cancelled his rally,
‘VikasYatra’
and returned to the State capital . Anemergency meeting of the State Cabinet wasconvened.
Cyberthievessnatched$45millionviaIndianbackofficeI
t has been described as
“a
massive 21st-century bank
heist” —
a brazen cyber-theft with an eye-watering$45 million purloined from bank ATMs using datahacked from financial companies in India and the U.S.Federal prosecutors in Brooklyn, New York, unsealed acomplaint against the individuals involved. Whileregulatory attention once again focused on the risks of outsourcing certain sensitive jobs in finance to India,U.S. authorities did not reveal the specifics of theIndian companies involved. Prosecutors, however,confirmed that the thieves breached the cyberdefenses of an Indian firm that
“processes
credit cardtransactions for MasterCard debit cards issued byRakbank, an institution in the United Arab
Emirates”
.Among the eight men said to be involved, the sevenwho have been arrested and are facing chargesinclude Jael Mejia Collado, Joan Luis Minier Lara, EvanJose Peña, Jose Familia Reyes, Elvis Rafael Rodriguez,Emir Yasser Yeje, and Chung Yu-Holguin. The eighthman, ringleader Alberto Yusi Lajud-Peña, is reported tohave been murdered last month in the DominicanRepublic, apparently during quarrels over how thespoils of this theft were to be divvied up. There was nomistaking the
“surgical
precision of the hackerscarrying out the cyber
attack”,
said U.S. attorneyLoretta Lynch, emphasising the speed andcoordination with which the operations wereexecuted. In just over 10 hours, $40 million wassiphoned out from ATMs in 24 countries involving36,000 transactions, according to the complaint.
In dowry cases, don’t look for loopholes in dying
declaration: Supreme CourtT
he trial court or the High Court may not look forcorroboration of a dying declaration, particularlyin dowry cases, to prove the guilt of an accusedunless this statement suffers from any infirmity,the Supreme Court has held.
“The
person whorecords the dying declaration must be satisfiedthat the maker is in a fit state of mind and iscapable of making such a
statement,”
said aBench of Justices B.S. Chauhan and Dipak Misra.But the requirement of a
doctor’s
certificate onthe state of the dying person was not essential inevery case.
‘Indication
must be
definite’
Writingthe judgment, Justice Chauhan said a dyingdeclaration could be oral or written. Any adequatemethod of communication
use of words, signsor otherwise
would suffice
“provided
that theindication is positive and definite. There is norequirement of law stating that a dyingdeclaration must necessarily be made before amagistrate, and when such statement is recordedby a magistrate, there is no specified statutoryform for such recording.
‘Exaggeration needn’t
belittle
evidence’
As for discrepancies,embellishments and improvements, the Benchsaid that
“in
every criminal case the same arebound to
occur”
for reasons of common errors onthe part of witnesses in observation, due to lapseof time or mental disposition such as feelingsshock or horror that existed at the time of occurrence. The court must form its opinion onthe credibility of a witness and record a finding onwhether his deposition inspired confidence.
“Exaggeration
per se does not render the evidencebrittle.
” 
In the instant case, according to the prosecution, Kusum Rani was burnt alive by her  parents-in-law and her husband Chandrabhanbolted the door of her room from outside. The trial court in Madhya Pradesh awarded life sentence tothe three, treating it as a case of dowry death. Onappeal, the Madhya Pradesh High Court acquitted themfor wantof evidence.
Ex-chiefjusticemovescourtagainstsonH
e, who once held the
‘exalted status’
of Chief Justice of the Punjab and Haryana High Court in1989 and was a protector of constitutional rights
 
The Law Bulletin…
Page 3 www.abhyaas.in 
 June10
th
, 2013
and values, has been so harassed by his son anddaughter-in-law over property that he is today movingfrom court to court seeking protection from his son.Justice Shanti Swarup Dewan and his wife RomilaDewan moved the court seeking among other thingsthat the scope of their petition be enlarged. Theysought special cells for people who are old and infirmlike them and left
“by
their progeny in the twilight of their
life”
when parents most need the support of their children. Their son Suveer Dewan is himself alawyerin the court.
Don’t allow corruption accused to get away on flimsy
grounds, cautions Supreme CourtF
limsy technicalities cannot become a tool in thehands of a person accused of corruption, the SupremeCourt said. While sanctity attached to an order of sanction for prosecution of a public servant shouldnever be forgotten, simultaneously rampantcorruption in society had to be kept in view.
“It
hascome to the notice of this court how adjournments aresought maladroitly to linger the trial and how at everystage ingenious efforts are made to assail everyinterim order.
The Bench said:
“Corruption
fundamentally is perversion and infectious, and anindividual perversity can become a social evil. In thesekinds of matters, there has to be a reflection opromptitude, abhorrence of procrastination and a realunderstanding of the law.
The court should
“remain
alive to differentiating between hyper-technicalcontentions and acceptable legal proponents.
In theinstant case, the State of Maharashtra was aggrievedover dismissal of an appeal by a single judge of theBombay High Court against a trial court orderacquitting Mahesh G. Jain, an employee of the StateBank of India, who was charged with accepting a bribeof Rs. 1,000. The trial court had held that the sanctiongranted by the competent authority was defective andillegalas there was non-applicationof mind.
Suspicion no substitute for proof in criminal trial,says Supreme CourtI
n a criminal trial, mere conjecture or suspicion,however grave, cannot take the place of proof, andthe benefit of the doubt should go to the accused, theSupremeCourt has held.The large distance between
‘may be’
true and
‘mustbe’
true must be covered by cogent andunimpeachable evidence produced by the prosecution,beforean accused is condemnedas a convict, said avacation Bench of Justices B.S. Chauhan and DipakMisra Writing the judgment, Justice Chauhan saidthe court
“must
maintain the vital distancebetween mere conjectures and sure conclusions tobe arrived at on the touchstone of dispassionate judicial scrutiny, based upon a complete andcomprehensive appreciation of all features of thecase as well as the quality and credibility of theevidence brought on record.If the facts andcircumstances of a case so demand, then thebenefit of the doubt must be given to the accused,keeping in mind that reasonable doubt is not animaginary, trivial or merely probable doubt, but afair doubt that is based upon reason and commonsense.
Google to use balloons to spread wireless inAfricaG
oogle is planning to develop high-speed wirelessnetworks in sub-Saharan Africa with the help of high-altitude balloons that can transmit signalsacross hundreds of square kilometres. The websearch company is already running high-speedfibre networks in Utah, Missouri and Texas. Now itwants to connect one billion more people to theinternet in emerging markets such as Africa andsouth-east Asia, and is ready to team up withtelecoms firms and equipment providers to buildnetworks that will improve speeds in cities andbringthe internet to rural areas.Google is considering a mix of technologies,including broadcasting signals from masts,satellites and even remote-controlled balloonsknown as blimps, according to a
Wall Stree Journal report.
“There’s
not going to be onetechnology that will be the silver 
bullet,” 
a sourcetold the Journal . A Google spokesman declined tocomment.
India retains chairmanship of IRSGI
ndia has retained the chairmanship of theSingapore-based intergovernmental organisation,International Rubber Study Group (IRSG).According to a press note from the Rubber Board,board chairman and head of the Indian delegationto the IRSG Sheela Thomas would officiate as thechairman of the IRSG representing India for thenext two years. India had been holding thechairmanshipsince 2011.

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