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Friday 9 August 2013

Government bid to give wives inherited property share

Government bid to give wives inherited property share

NEW DELHI: The Union Cabinet is likely to discuss an amendment to the marriage laws which, in the event of a divorce, would give the wife an equal share of not only the property acquired by the husband during or before the marriage but also his inherited or inheritable property.

The proposed amendment, that is likely to be controversial, aims to redefine the phrase 'residential property' to include not just the residential house but also other properties acquired by the husband.
In case other members of the family (apart from the husband) also have rights in the inherited property and it is impractical to divide it, the amendment proposes to compensate the wife with an equivalent amount of money in place of her share.
The proposed change aims to give the wife an equal share in the property regardless of whether it was acquired before or after marriage and regardless of whether it is only in the husband's name or held jointly.
The changes in the Marriage Laws (Amendment) Bill, being brought under pressure from civil society as well as a section of MPs, is expected to come up in the cabinet meeting on Wednesday.
The government had earlier introduced the amendment bill in order to alter the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, to introduce the option of divorce on grounds of "irretrievable breakdown of marriage".

The government had brought in a Bill to grant the wife the right to a share in the movable and immovable residential properties. But this was found wanting by some civil society groups who demanded that the wife should have a right not just in residential property but also all immovable properties of the husband.
Responding to the criticism, the government has now proposed to make another couple of amendments to provide a share to divorcing women in not just acquired properties but also inherited property and bringing in immovable assets beyond the residential house.
The government has decided to create a special provision in case of inherited properties in light of a Supreme Court order that one co-owner of joint family property does not have the right to sell his undivided share. Considering the Supreme Court orders, the government contended that giving over half the share of the husband in inherited property could lock the divorcing wife in to future litigation. Therefore, the amendment provides for the court to decide if she should get money in lieu of her share in such cases.

http://articles.timesofindia.indiatimes.com/2013-04-30/india/38929151_1_inherited-property-joint-family-property-special-marriage-act

Man dies in 'police custody'

Man dies in 'police custody'

PATNA: A man, arrested in a dowry case, allegedly died in police custody at Salimpur on Thursday morning.

Salimpur SHO said, "Deceased - Gajendra Prasad Mishra was arrested on Wednesday night in a dowry case lodged by one Dinesh Jha, the father-in-law of Mishra's youngest son Ravi Mishra. On Thursday morning, he started vomiting. We immediately took him to Bahadurpur hospital where he was declared brought dead by the doctors. We are investigating the reason of his death."

According to the police, Ravi Mishra was married to Manita, Dinesh's daughter, who on April 2 this year committed suicide after consuming poison. Dinesh lodged an FIR against Gajendra, Ravi and his mother Shubhkala Mishra for dowry death.

Deceased brother Vijay Mishra said that Dinesh had struck a deal of Rs 3 lakh with his brother to take back the case. "My brother went to meet Dinesh on Wednesday and gave Rs 2.5 lakh with condition of paying rest of the amount only after the withdrawal of the case. Dinesh took the money and offered him a soft drink. Later when my brother left the place, Dinesh called up the police and get him arrested. He was brought to Salimpur police station on Wednesday night," Vijay said.

Vijay further said Dinesh must have poisoned the soft drink that he offered to his brother.
 http://timesofindia.indiatimes.com/city/patna/Man-dies-in-police-custody/articleshow/21718809.cms 

Lucknow: Four girls sexually exploit hostel inmate for days, woman staff supply liquor to girls

Lucknow: Four girls sexually exploit hostel inmate for days, woman staff supply liquor to girls

Lucknow: This has crossed all limits of exploitation. A girl from Patna took admission in Lucknow University and enrolled for an MBA programme. But her shocking revelations have cast suspicion on the working of management staff of Lucknow University. Victim girl has alleged that four girls sexually exploited her and crossed all limits, making her depressed and sick. This continued unchecked for days.  All the four girls belong to rich and affluent families. They threatened her of dire consequences if she dared to discuss it with others. 
 
Accused girls never left her alone. They used to escort her to college. After the classes they used to come back with her, never allowing her to interact with others. 
 
But, when she could not take this torture any further, she informed the hostel warden Amita Kanaujia. After that she gave her written complaint to the Procter.  

You are here - HomeNewsCity Story City Group decries ‘anti-men’ marriage bill

 You are here - HomeNewsCity Story City  Group decries ‘anti-men’ marriage bill

Citing that the provisions of the Marriage Laws (Amendment) Bill, 2010, are making marriage the ‘property transfer bureau’, members of the Men’s Rights Association (MRA), Pune, which functions as an all-India body, has given a clarion call against the Act.

They have now resolved to not vote for the members of Parliament (MPs) supporting the Bill in the country’s top legislative body for the next general election. The members held a meeting in the city on Thursday.

Looking at the issue as an opportunity to unite, the group has appealed to men to not invest in real estate after this bill is passed, since it has provisions to give

wife the half share of husband’s property, including property acquired before marriage and the property that a man inherits. They claimed marriages will be converted into ‘property transfer bureau’ after this Bill is passed.

The association has called it an anti-men, anti-husband and anti-marriage Bill, which is likely to be debated in the ongoing monsoon session of Parliament.

As part of their campaign against the Bill, the activists have till date met over 25 MPs belonging to various parties to make them aware about the issue.

Talking to Pune Mirror, Atit Rajpara, founder president of MRA-Pune, said, “Despite requests from the men’s groups across the country, the government failed to pay heed.

Not even a single suggestion given by us have been considered. We have done written several times to the MPs, but nothing has happened.”


http://www.punemirror.in/index.aspx?page=article&sectid=2&contentid=2013080920130809103836949de0a8c74&title=Group-decries-%E2%80%98antimen%E2%80%99-marriage-bill 

Parliament passes Companies Bill; Sachin Pilot terms it 'historic'

Parliament passes Companies Bill; Sachin Pilot terms it 'historic'

NEW DELHI: Parliament today approved the new Companies Bill that will make sweeping changes in the way firms operate and are regulated and replace a nearly six-decade-old legislation.

The new bill, which now needs the President's nod to become law, makes it mandatory for companies to spend on social welfare, empowers investors against frauds committed by promoters, encourages companies to have women directors, and seeks to bring in greater transparency in corporate governance matters such as executive salaries and the role of auditors.

Corporate Affairs Minister Sachin Pilot termed the passage of the legislation a "historic feat" and said it will give impetus to the country's growth momentum by ushering in a regime of "less regulations and more compliance."

The bill replaces the existing Companies Act, 1956, which has been amended at least 25 times in the past 57 years, with many of its provisions found to be outdated and inadequate.

The passage of the bill, which is spread across nearly 30 sections and over 300 pages, was widely welcomed by stakeholders, including industry bodies, political leaders and consultants.

"The focus of the bill is to enhance transparency and ensure fewer regulations, self-reporting and disclosure...It will outline the positivity in the economy," said Pilot, who has aggressively sought the support of lawmakers and other stakeholders for the bill since becoming Corporate Affairs Minister in October 2012.

The Bill was passed by the Lok Sabha more than seven months ago. Since then, its passage in the upper house has been delayed by disruptions in Parliament.

It has been almost three years since the submission of first report on the Companies Bill by the Parliamentary Standing Committee on Finance.

Pilot said that 96 per cent of the recommendations made by the Parliamentary Committee have been accepted and the Ministry would try to incorporate further suggestions by various stakeholders while formulating the final rules.

Among others, the new Bill provides about three dozen new definitions, including terms such as frauds, promoters, turnover, related parties (to promoters), small companies, associate companies and employee stock options.

It provides for a uniform financial year (April-March) for all companies, while the concept of one-person company has been introduced for the benefit of small entrepreneurs. Besides, the new Bill proposes strong checks against fraudulent money-collection activities through issuance of various securities.

The Bill requires auditors to be changed every five years to avoid collusion with the management, while rules would be tightened for appointment of independent directors.

To safeguard the interests of small investors, the Bill proposes approval by two-thirds of the public shareholders for deals that involve promoters and related entities.

It has a provision for setting up special courts for speedy trials and stronger steps for transparent corporate governance practices and curbing corporate misdoings.

The law also provides for "faster winding up" of firms as also for speedier clearances to businesses.

Participating in the Rajya Sabha debate, Congress leader Mani Shankar Aiyar asked Pilot to guard against bogus business entities.

Supporting the Bill, the BJP said a proper check needs to be there to ensure that unscrupulous people do not take advantage of the one-person company provision.

Industry bodies expressed their full support to the government for implementation of the Bill, with the CII saying its passage shows the "government's commitment to usher in a new era of corporate regulation."

http://economictimes.indiatimes.com/news/economy/policy/parliament-passes-companies-bill-sachin-pilot-terms-it-historic/articleshow/21709867.cms