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Since 1st March, 1999
 
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Street Legal

 

FAST FORWARD

Some police inspectors challenged a scheme that provided accelerated promotions to those who were posted in Naxal-infested areas. If the same people were posted to these areas repeatedly, the petitioners would be the losers. They contended that the scheme could not be legal as it provided for differential treatment based on the area of posting. Upholding the scheme, the Supreme Court held that persons who risk their lives in the line of duty are a class apart and should be treated accordingly. Further, the apex court pointed out that the process of selecting people for postings to these areas was a transparent one and recommendations had to be routed through the proper channel, so there was little chance of arbitrary promotions being granted to undeserving officers (Government of AP vs G. Jaya Prasad Rao)

LONG ARM OF THE LAW

A man’s hand got crushed, leading to its amputation later, as he was trying to board a running train. He claimed compensation from the railway authorities who refused it, contending that his injuries were caused by his own negligence. According to the Railway Act, compensation need not be paid if an injury is self-inflicted, due to criminal acts or as a result of a suicide attempt, they said. Madras High Court, however, held that if a passenger injures himself while boarding a train, compensation is payable to him because passengers are not included in the list of persons who are not entitled to compensation (T.V. Kunjali vs Union of India).

CHEATING AND CHASTITY

A man had promised to marry a woman. So she agreed to have a physical relationship with him. However, when she became pregnant, the man refused to marry her. She lodged a case of rape and cheating against him. The defence lawyer contended that his client could not be charged with cheating as he had not induced the woman to part with any property or possession. Gauhati High Court disagreed with him. The court held that the woman had been induced to part with her chastity, the most valuable possession of a woman, by false promises. Therefore the man was guilty of cheating her, it ruled (Md. Jakar Ali vs State of Assam).

SOLON

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