Nirav Modi can be extradited to India, rules UK court Nirav Modi was contesting his extradition to India on charges of fraud and money laundering in the estimated $2 billion Punjab National Bank (PNB) scam case. MONEYCONTROL NEWS FEBRUARY 25, 2021 / 04:36 PM IST

 

                                                     File image: Nirav Modi

The Westminster Magistrates' Court in London, United Kingdom on February 25 allowed fugitive economic offender Nirav Modi's extradition to India. He has been behind bars in a London prison.

The UK court accepted that there was prima facie evidence of fraud against the 49-year-old. The district judge also accepted the Indian government’s claim that the jeweller was threatening witnesses and tampered with evidence.

Medical arrangements in India for Nirav Modi are acceptable and he will not be denied justice if he is extradited to India, the judge ruled.

Nirav Modi had contested his extradition to India on charges of fraud and money laundering in the estimated $2 billion Punjab National Bank (PNB) scam case. The legal battle in the UK court went on for two years.

The magistrates' court ruling will now be sent to UK Home Secretary Priti Patel for a sign off. However, there remains a possibility of an appeal in the High Court.

Charges against Nirav Modi

Nirav Modi was arrested on an extradition warrant on March 19, 2019, and has appeared via video link from prison for a series of court hearings in the extradition case. His multiple attempts at seeking bail were repeatedly turned down, both at the Magistrates' and High Court level, as he was deemed a flight risk.

He is the subject of two sets of criminal proceedings, with the Central Bureau of Investigation (CBI) case relating to a large-scale fraud upon PNB through the fraudulent obtaining of Letters of Undertaking (LoUs) or loan agreements, and the Enforcement Directorate (ED) case regarding the laundering of the fraud's proceeds.

Additionally, he faces two additional charges of "causing the disappearance of evidence" and intimidating witnesses or "criminal intimidation to cause death, which were added on to the CBI case.

UK's Crown Prosecution Service (CPS), arguing on behalf of the Indian government, had sought to establish a prima facie case against him and also to establish that there are no human rights issues blocking his extradition.

CPS barrister Helen Malcolm had argued that the jeweller presided over a "ponzi-like scheme where new LoUs were used to repay old ones". A ponzi scheme refers to an investment scam which generates funds for earlier investors with money taken from later investors. The CPS had claimed that Nirav Modi used his firms Diamonds R Us, Solar Exports and Stellar Diamonds to make fraudulent use of PNB's LoUs in a conspiracy with banking officials.

Nirav Modi's defence team, led by barrister Clare Montgomery, had claimed that the issue is a commercial dispute involving "authorised though ill-advised lending" that took place in "broad daylight". His legal team also claimed that none of his actions meet the legal threshold of perverting the course of justice or amounted to fraud.

The defence also relied on arguments around his precarious mental health condition, as someone who has a family history of depression and suicide.

However, the judge ruled that there is "no risk of suicide" if he is sent to India "as he will have access to adequate medical care at the Arthur Road jail".

During a series of hearings in the course of the extradition case in 202o and early this year, the court had also heard detailed arguments from both sides about why his "deteriorating" mental health condition does or does not meet the Section 91 threshold of the Extradition Act 2003 which was most recently been used in the UK to block the extradition of Wikileaks Founder Julian Assange on the grounds of it being "unjust and oppressive" as he is a high suicide risk.

The CPS had challenged the defence stance and had called for an independent evaluation of medical records by a consultant psychiatrist for appropriate assurances to be acquired by the authorities in terms of his care in India.

Prison conditions at Barrack 12 in Arthur Road Jail in Mumbai, where Modi is to be held, have also been in focus as the Indian government submitted an updated video recording of the cell to highlight that it meets all human rights requirements of natural light and ventilation.

Nirav Modi's legal battle marks one of many high-profile extradition cases involving accused Indian economic offenders in the UK.

(With inputs from PTI) used here for educational purposes only for Students

Private banks can get govt business, embargo lifted, says FM Sitharaman ;-livemint . Updated: 24 Feb 2021, 05:45 PM IST Written By Anulekha Ray

 Private banks can now be equal partners in development of the Indian economy, said finance minister Nirmala Sitharaman

The Centre has lifted the restrictions on grant of government businesses to private banks, finance minister Nirmala Sitharaman announced on Wednesday. "Embargo lifted on grant of govt business to private banks. All banks can now participate," finance minister posted on Twitter.

She further mentioned that all banks can now be equal partners in development of the Indian economy. "Private banks can now be equal partners in development of the Indian economy, furthering Govt's social sector initiatives, and enhancing customer convenience," Sitharaman said in a tweet. Only a few private banks including Axis Bank earlier permitted to take part in the government businesses.

Commenting on the move, Uday Kotak, chief executive officer, Kotak Mahindra Bank said, "I welcome this progressive reform. It will enable the banking sector to serve customers better. Private and public sector must both work towards sustainable development of India."

The private banks are allowed to conduct banking transaction related to the government such as taxes and other revenue payment, facilities, pension payments, small savings scheme, etc. This move is expected to enhance customer convenience, spur competition and high efficiency in the standards of customer sevices, the department of financial services said in a statement.

"The Centre’s move to lift the restrictions on grant of Government business to private banks is a huge boost not just to the private banks but to the overall development of the country. Private banks have been faster in bracing and internalising newer technology and systems and this move will allow those processes to be efficiently used for Government spends and projects," said Anish Mashruwala, Partner, J Sagar Associates."This has to be hailed as a welcome move as it not only levels the playing field but it shows that the government is mindful of balancing the need for overall development that technology used by private banks can offer which are hampered by the bye gone protectionist approach. Needless to say it augurs the Centre’s push towards a digital economy," he further mentioned.

There will be no bar on Reserve Bank of India (RBI) for authorisation of private banks for government businesses, including government agency businesses, the statement from the department of financial services added. The Centre has already conveyed its decision to RBI, it mentioned.

VI could continue to be a dominant telecom player along with Airtel and Jio: Sudip Bandyopadhyay

 

Sudip Bandyopadhyay, Group Chairman, Inditrade Capital, is betting on Ashok Leyland and Motherson Sumi

 

What is the outlook on the auto basket?

Now, I am looking at the commercial vehicles segment. The pickup in demand in commercial vehicles is real and probably we are just seeing a beginning of this pickup in demand and on the back of this, my bet will be on Ashok Leyland. They have about 50% plus of the bus market both in India and a lot of other emerging markets like Bangladesh. They also have a significant presence in other commercial vehicle segments. Ashok Leyland is on a very good wicket at current levels and one can pick it up. We are looking at a target of Rs 175 as far as Ashok Leyland is concerned.

In case of two-wheelers, there is a long way to go. At the current valuation, I am not in a rush to buy two-wheeler stocks. But if somebody has a long-term portfolio building outlook, they can pick up all the three listed two-wheeler companies – Bajaj, Hero and TVS -- for different reasons. Bajaj for having a balanced portfolio between domestic and exports; Hero for deep and rural penetration and TVS for improving margins.

In case of ancillaries, it is a different story. It is a very large universe. We are bullish on Motherson Sumi in spite of the upward movement in the stock price in the recent past because of the diversified nature of their geographical presence and customer base which includes pretty much all the major global auto majors and also their presence across the ancillary value chain. Motherson Sumi has a long way to run. The replacement of traditional vehicles with electronic vehicles will give incremental business to a company like Motherson Sumi. It is our pick among auto ancillaries.

What is the view on SBI?

We have been extremely positive on SBI for quite some time and we maintain our view. SBI has been doing pretty well, standalone and the asset quality has been continuously improving. As for provisions, to a great extent, whatever needed to be done has been done and with the economy picking up, the asset quality will improve as well.

The other interesting part is that a lot of these written off assets which are in NCLT and different forums the recoveries from those should start pretty soon. The next important part as far as the SBI stock is concerned is that the subsidiaries are performing exceedingly well and SBI has been strategically exiting or selling the subsidiary shareholding and generating profit and capital.

This gives SBI the opportunity not to go to the market and raise fresh capital and further dilute it for the next couple of years and this augurs very well for SBI as a stock. We believe the stock has a long way to go from here and investors with a long-term view should get into SBI even at current levels.

What is your sense when it comes to the telecom space?

Definitely 

Bharti Airtel 

as well as Reliance Jio are the leaders at this stage and they are doing extremely well. Of course, Bharti with the restructuring which they are proposing, are probably trying to create a model like a Jio Platform and get into a valuation which is significantly higher from the current levels.

We believe in the Bharti story and at current levels Bharti Airtel can definitely be bought by the investors. Their international business has started performing very well. In domestic business, they are beating 

Reliance

 NSE 0.92 % Jio in terms of customer additions on a quarter-on-quarter basis and of course the revenues are picking up. Now the ARPU has to start moving and as and when it starts moving, it will be a great story. So, investors can position themselves in Bharti Airtel.

Jio, of course, has been very talked about and it is a great story. Yes, the ARPU has moved up from where it was but it needs to move further up. For Reliance, overall the revenue and the projections which most of the brokerages have put out to get achieved the entire thing depends on Jio revenue upward movement and we will be keeping a close eye on that.

As far as 

Vodafone Idea

 is concerned, to a certain extent, the uncertainties about its survival are over. However, the fundraising part is a huge challenge and one has to see how far they are successful in that. I firmly believe that from a situation where it was on the verge of winding down, there is a fitting chance of survival and flourishing. We will probably end up with three large players and VI will continue to be one of the dominant players along with Bharti and Reliance Jio.

What is your reading of the Reliance O2C reorganisation which was announced yesterday?

This is a step in the right direction for the Aramco deal but one does not know whether Aramco will happen and on what valuation it will happen. They have also talked about multiple other newer businesses coming under the umbrella of this new company. Knowing the execution skill of the group, there is a reason to be bullish about the new company and the overall group as well.

When it came down below Rs 2,000 it was a very good buy. Even at the current level, Reliance is a good buy. We have a one year target of Rs 2,500 at this stage. This does not factor in a deal with Saudi Aramco, this does not factor in the listing and value unlocking of Jio Platform or retail. Overall, we are extremely positive and this is a step in the right direction.

Read more at:

https://economictimes.indiatimes.com/markets/expert-view/vi-could-continue-to-be-a-dominant-player-in-telecom-along-with-bharti-airtel-and-reliance-jio-sudip-bandyopadhyay/articleshow/81185165.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

Airtel, Vodafone Idea mention AGR calculation error plea in SC, court says to hear in 2 weeks The latest in the AGR battle between the telecom department and the operators started when Airtel in January, sought for a modification, clarification or recall of “mistaken orders” that allowed the government to demand Rs 43,980 crore as AGR dues against the telco’s calculation of Rs 13,004 crore. Devina SenguptaETTelecomUpdated: February 24, 2021, 14:09 IST

 Mumbai: The Supreme Court will hear the case on calculation errors of adjusted gross revenue (AGR) by the telecom department in March. SC's verdict could be the closure of this chapter of the AGR case wherein telcos-Vodafone Idea, Bharti Airtel and Tata Teleservices (TTSL) have pointed out errors in calculations that have led to what they call as inflated demand of statutory dues by the department.

The Airtel stock was trading 0.9% higher at Rs570.50 on the BSE in afternoon trade, while shares in Vodafone Idea were up 4.4% at Rs11.49.

The case was mentioned in the apex court on Wednesday. The latest in the AGR battle between the telecom department and the operators started when Airtel in January, sought for a modification, clarification or recall of “mistaken orders” that allowed the government to demand Rs 43,980 crore as AGR dues against the telco’s calculation of Rs 13,004 crore. Airtel has so far paid over Rs 18,004 crore of its dues.

Then Vi followed suit and appealed to the top court to allow the Department of Telecommunications (DoT) to consider the telco’s submissions on the calculation errors and rectify them accordingly. Vi has to pay Rs 58,400 crore in AGR dues, of which it has paid Rs 7,854 crore. The telco had self-assessed its dues at Rs 21,533 crore, which the top court had earlier rejected.

TTSL which has sold off its consumer mobility business to Airtel, moved SC with similar grievance. It has AGR dues of Rs 16,798 crore and has paid Rs 4,197 crore and highlighted errors as well.

This is not the first time though that the telcos impacted hugely by AGR dues have highlighted their grievances to both SC and DoT. While its earlier appeals were thwarted by the court, their last batch of letters to DoT on this issue have not elicited any response.

Any reduction in AGR dues is crucial for Vi, given its weak cash flows, huge debt and need to invest in expanding its 4G network to stem rapid subscriber losses, analysts said. The company is looking to raise Rs 25,000 crore through debt and equity to tide over its financial crisis.

Complete Tour Famous Nek Chand ROCK GARDEN Chandigarh Punjab India

ICAI CA Result 2020: Mumbra Zarine Begum gets All India Rank-1 in CA Int...

The mechanic's daughter who topped CA exam By DIVYA NAIR -rediff.com used here for educational purposes only

 'My parents had no idea what CA is or how difficult it is to crack the exam.'

IMAGE: Zareen Khan scored 461 out of 700 marks and topped the Chartered Accountancy intermediate exam conducted by The Institute of Chartered Accountants of India in the results announced February 8, 2021. Photographs: Kind courtesy Zareen Khan

Until February 8, 2021, no one knew who Zareen Khan was, where she lived or what her dreams were.

All that changed a few hours after the results of the Chartered Accountancy intermediate results were announced online this year.

Zareen, the eldest among four siblings, who had appeared for the exam in November 2020 for the first time after pleading her case with her parents, had secured an All India Rank of 1 and topped the exam scoring 461 marks out of 700.

"It was my younger sister who encouraged me to appear for the exam once. Earlier, I'd taken a break for two years to work before I could complete my post-graduation. I knew this might be the first and maybe the last time I could become a CA. So I told my parents to give me one chance to prepare and appear for this one, Zareen, who thinks she is a "little old at 25 years" tells Rediff.com's Divya Nair in a late night conversation over the telephone.

When the results were announced, Zareen who didn't even have the courage to check her marks online, had to further explain to her bewildered parents what her success in the exam meant.

"My parents had no idea what CA is or how difficult it is to crack the exam," she says while talking about how the entire neighbourhood came together to congratulate her for her achievement.

What makes Zareen's story so inspiring is the fact that she is the first post graduate in the family and perhaps one of the few highly educated young women in Mumbra, a township on the outskirts of Mumbai, where she grew up and currently lives with her family of six.

IMAGE: Zareen is congratulated by her family. She lives in Mumbra with her parents, a younger sister and two younger brothers.

Growing up, Zareen, an academically bright student, was often subjected to criticism from neighbours over pursuing higher education.

"I used to score over 85 per cent and even stood second through my graduation and post graduation. Yet people would often say 'kya kar logi itna padhai karke? Aage jake shaadi hi to karna hai,' she recalls.

"I am sure everyone knows now that I stay in a 300 square foot one room kitchen which is shared by my parents, a younger sister and two brothers," she says while explaining that her educational journey wasn't a cakewalk for her.

Zareen's father works as an auto mechanic and all her siblings equally contribute towards running the home, she informs us.

Although Zareen was aware of her family's financial and social standing, she firmly believed that the "place, conditions or challenges you are born with doesn't define how your future will turn out to be."

Studying for a competitive exam like Chartered Accountancy, where the overall pass percentage is less than 25%, requires more than just academic brilliance or good coaching, she agrees.

Zareen pursued online coaching through an institute in Faridabad which provided her study material and other resources.

"In the morning, the kids would be playing outside. My mother would be cooking at home; anyone would walk in to chat or for some work. So I would wait till evening to begin my studies," she says.

"10 pm to 6 am was perfect for me. I started in November 2019 and studied minimum 10-12 hours in the months leading to the exam and up to 16 hours a month before the exam."

For Zareen, the biggest hurdle was fighting her fears. "Like everyone else, I feared failure. I know the best of people crumble under pressure. I had only one chance. I didn't want to fail."

Looking back, she feels that the lockdown was a blessing in disguise for students like her.

"When the exam kept delaying from May to November, I used all the time to revise over and over again. I think this constant link between studies and revision helped me prepare better and finish the exam on time. My aim was to attempt all the questions in 3 hours, which was possible. I must have barely left out 3-4 marks."

Zareen's new found fame may have turned her into a mini celebrity of sorts in Mumbra. But she is unperturbed by all the attention around her.

"I am happy that people want to support me. I feel more responsible now. I want to be a positive example for compulsory higher education among girls," she tells us.

Zareen feels that this success is an eye opener for her to chase her dreams and support her family.

"I will not lie -- I wasn't too confident of my abilities, yet I could reach so far purely because of my consistent dedication. Also, my family supported me. I really hope my story gives more women the power to dream big and fulfill them too."

Currently, Zareen spends her time applying for articleships and wants to focus on preparing for the CA final exam scheduled for November 2021.

"Agar aap me dedication aur vishwas hai, aap kuch bhi kar sakte hai. At least ab to koi nahi bolega itna padh likhke kya karoge?" she says.

"I am the first post graduate in my family. I want to be the first CA too."

Trai initiatives to ease industry's financial stress: Vaghela, chairman The number of initiatives taken by the telecom regulator would eventually help the telecom sector to reduce financial stress, and deploy infrastructure more rapidly, the top official said. Muntazir AbbasETTelecomFebruary 16, 2021, 13:22 IST

 

NEW DELHI: The number of initiatives taken by the telecom regulator would eventually help the telecom sector to reduce financial stress, and deploy infrastructure more rapidly, the top official said.

"We have recommended many things (to ease stress) like sharing of infrastructure that will help cost to come down," PD Vaghela, chairman, Telecom Regulatory Authority of India (Trai) told ETTelecom, adding that the regulator was also working on ease of doing business, as a part of the Right-of-Way (RoW) regime.

Vaghela further said that the telecom watchdog would soon come out with its views on RoW and in-building solutions (IBS) deployment which would facilitate the introduction of 5G that requires special kind of infrastructure even within the premises.

The telecom industry is seeking a uniform infrastructure policy, citing anomalies in levies charged by local authorities or municipal bodies across the country where in few cases companies pay upto 1000% more than the prescribed fee of Rs 1,000 per kilometre.

In November 2016, the Department of Telecommunications (DoT) had notified the RoW policy to accelerate the deployment of telecom infrastructure, as a part of the 'ease of doing business' exercise, but only 16 states have so far implemented it, according to the Tower and Infrastructure Providers Association (Taipa).

The non-implementation of Centrally-designated rules have led telecom carriers and infrastructure providers to shell out substantial money as a part of capital expenditure (capex) for network expansion as well as the upcoming 5G rollout that would require a dense network to achieve low latency.

The industry estimates point out that Reliance Jio, Bharti Airtel and Vodafone Idea would collectively need to spend more than $30 billion or about Rs 2.1 lakh crore alone to put up base stations and fibre infrastructure for rolling out ultra-fast 5G services alone.

The telecom regulator believes that the incumbent service providers and tower firms would save capex significantly following the sharing of active infrastructure.

"We are saying infrastructure providers who are sharing passive infrastructure, to also share active one, and can also boost fiberisation in the country," Vaghela added.

Nearly a third or about 35% of telecom tower sites are fiberised today as compared to countries like China, Japan and the US where close to 80% of the towers are fiberised which according to experts, is a prerequisite for data networks.

The telecom watchdog had already submitted its suggestions on active infrastructure sharing to the telecom department, aimed to enhance the scope of companies, and believes that the move would allow infrastructure as a service (IaaS) for telecom carriers, and they could easily share networks with reduced capex and opex.

Japan’s NEC in talks with Indian telcos for 5G-based OpenRAN deployment The Japanese tech major said that OpenRAN will be a challenger network technology in India, especially for high-speed 5G networks. Danish KhanETTelecomFebruary 19, 2021, 19:18 IST

 NEW DELHI: NEC Corporation said it is working closely with the Indian telecom operators to explore the possibility to commercially deploy OpenRAN technology for their 5G networks. It added that a “couple” of Indian telecom operators are looking to adopt the new technology to take the marquee position in the Indian telecom market.

The Japanese tech major said that OpenRAN will be a challenger network technology in India, especially for high-speed 5G networks.

“...there are a couple of operators that, because of the marquee position they want to take in India, are slightly ahead in both ambition and in terms of aggression. So, we expect that ORAN will definitely be a challenger technology in India. And, possibly can also change the entire landscape of how the infrastructure is operated and maintained in the country,” Aalok Kumar, President & CEO, NEC India told ET.

Indian telco, Kumar said, are currently exploring how they could optimize their investment and the compatibility of the new technology to their legacy network.

NEC recently set up an Open RAN laboratory in India as a complement to its Center of Excellence (CoE) in the U.K to accelerate development of the 5G open ecosystem.

Kumar said that the CoE was established not just for global, but for the Indian market as well. “We believe that the European market and North American market and the Indian subcontinent will probably be the most attractive 5G and OpenRAN opportunity in the coming year. The CoE is for the first five or six big opportunities globally.

Sandeep Sudeep, vice president of telecom business at NEC Corporation said that the company is already working with Japanese telco Rakuten Mobile and has already deployed its OpenRAN solutions. “...our product is practically ready for the Indian market.”

Bharti Airtel, Vodafone Idea and Reliance Jio are increasingly looking to expand their telecom gear supplier options beyond traditional equipment vendors by using Open Radio Access Networks (OpenRAN) technology. The adoption of OpenRAN technology will help these telcos cut network-related costs and allow them to bring more customization as they upgrade their networks for 5G technology.

Jio and Airtel are also looking to adopt the new technology to develop their own 5G equipment and solutions in the country. While Jio is developing everything on its own, Airtel is planning to partner with various vendors from the US, Japan and India.

Both Jio and Airtel have ambitions to take their 5G solutions to the global market in future.

On telcos’ strategy to develop gear using the OpenRAN technology, Kumar said, “This technology is going to actually open the doors, not just in terms of technology disruption, but also business model disruption.”

“Needless to say, you can build all of that, but it is not wise for any operator to be purely looking at becoming a hardware software and infrastructure provider,” Kumar added.

NEC said that its talent pool in India has already been developing multiple solutions for the global market and also played a “very pivotal role” in deploying the first OpenRAN landscape with Rakuten in Japan.

The company said that its main system integration facility in India will open the doors for local innovations with the help of home-grown companies which can be incubated.

“A lot of system engineering capability is being built in India around that and definitely that is going to help not only do the activities for system integration for the global market, but it opens the doors for even local innovations, local Indian companies to be incubated, through that center,” said Yogarajah Gopikrishna, General Manager, Network Solutions Division at NEC Europe.

“India and our resource pool in India has gone really up the value chain..a lot of the key technology talent is more readily available from our Indian team. They are participating in a lot of very advanced work in system integration and radio integration,” Gopikrisha added.

If industrialists like Mukesh Ambani succeed also, people envy and criticize Modi as helping him grow. If industrialists like Vijay Mallya fail and run away also, people ridicule and criticize Modi as helping his escape. Is this our attitude problem?

Replied by Kanthaswamy Balasubramaniam thru Quora -Former Chief Manager at Central Bank of India (1987–2017) 

This is one area where India cannot be blamed. We cannot blame ourselves for this.

---

Lets first talk of Mukesh Ambani and Gautam Adani

When a Country is prospering - and doing very well - everyone grows. Everyone becomes richer. All Businessmen do well. Small businesses, Medium Businesses, Large Businesses. It is called Boom Time. Everyone is happy.

When a Country is crashing When small businesses are folding by the day. When Medium Businesses are struggling to keep afloat. When many Large Businesses are not able to cope and having huge problems with NPAs and other issues - and in such a situation - A handful of Businessmen - keep getting a slew of opportunities most of which are not objected to by the Government (who object the same opportunities for other Businesses). Then the People are absolutely right.

Lets take Adani and his competitiors

Adanis Loans which are enormous are renewed repeatedly without any problems despite having decent profit streams but Power Industries and Construction Industries in the same Sector have NPA declarations and harrassment and forced into closure.

This is like a Prison of War Camp where all prisoners are lean and starving but a handful are plump and looking very healthy. The obvious conclusion is that they are informers and hand in glove with the Enemy officers.

So perfectly justified to Criticize Modi for encouraging Crony Capitalism

---

Now lets talk of Vijay Mallya

Mallya spent 3 1/2 years in India - after the Kingfisher Crisis and problems. He did not abscond in the middle of the night.

He was not criminally investigated for almost 2 years after Modi took power.

CBI cleared him earlier in 2014 November.

Then Mallya decided to retire to London. Openly announced it in the papers and left with 20 Suitcases in open daylight.

Then suddenly - he became a criminal and everyone was after him.

Initially only the Anti Modi media began to criticize the PM. Nobody else did. No rational sane person believed that Modi had any clue that Mallya was leaving or cared.

In fact i believe - it is entirely because of this Media that Modi and CBI were forced to find something ‘Criminal’ in Mallyas actions - otherwise by now it is likely they would have liquidated his money with Karanataka High Courts, paid the banks and everyone would have been satisfied.

Here the blame is EXCLUSIVELY with the - Indian Anti Modi or Liberandu Media

Slowly the Right Wing Media also followed suit as Propaganda.

In the process they destroyed a Decent Mans life and destroyed what remained of our Justice system.

Property Rights of Women in India and Maintenance :-by Vikaspedia :-used here for educational purposes only

 

Muslim Law

Daughters

• In inheritance, the daughter's share is equal to one half of the son's in keeping with the concept that a woman is worth half a man.
• She has, however, and has always had full control over this property. It is legally hers to manage, control, and to dispose of as she wishes in life or death.
• Though she may receive gifts from those whom she would inherit from, there should be no doubt that the gift is a means of circumventing the inheritance laws of one third of a man's share, since, under Muslim law. The shares of inheritance are very strict.
• Daughters have rights of residence in parent's houses, as well as right to maintenance, until they are married. In case of divorce, charge for maintenance reverts to her parental family after the iddat period (approximately 3 months). In case she has children capable of supporting her. The charge falls upon them.

Wives

• In Islamic law a woman's identity, though inferior in status to a man's is not extinguished in him when she marries
• Thus she retains control over her goods and properties. She has a right to the same maintenance he gives to his other wives, if any, and may take action against him in case he discriminates against her.
• The Supreme Court has held that in the case of divorce, a Muslim husband is liable to make reasonable and fair provision for the future of the divorced wife which obviously includes her maintenance as well. Such a reasonable and fair provision extending beyond the iddat period must be made by the husband within the iddat period in terms of Section 3 (1Ha} of the Muslim Women (Protection of Rights on Divorce) Act, 1986 and liability of Muslim husband to pay maintenance is not consigned to iddat period.
• Right to mehr' according to the terms of the contract agreed to at the time of marriage.
• She will inherit from him to the extent of one eighth if there are children or one fourth if there are none. If there is more than one wife, the share may diminish to one sixteenth. In circumstances, where there are no sharers in the estate as prescribed by law, the wife may inherit a greater amount by will. A Muslim may dispose of one third of his property by will, though not to a sharer in the inheritance.

Mothers

• In case of divorce or widowhood, she is entitled to maintenance from her children.
• Her property is to be divided according to the rules of Muslim law.
• She is entitled to inherit one sixth of her deceased child's estate.

Christian Law

Daughters

• She inherits equally with any brothers and sisters to her father's estate or her mothers'.
• Entitled to shelter, maintenance before marriage, but not after from her parents
• Full rights over her personal property, upon attaining majority. Until then, her natural guardian is her father.

Wives

• She is entitled to maintenance, from her husband, but his failure to provide the same is note by itself ground for divorce.
• Upon death of her husband, she is entitled to a one third share of his property, the rest being divided among the children equally.
• She must inherit a minimum of Rs.5000/- from her husband's estate. Supposing the estate is more than this amount. In case it is not, she may inherit the whole.

Mothers

• She is not entitled to maintenance from her children. In case any of her children dies without spouse or living children she may inherit one fourth of the assets.

Hindu Law

Daughters

• Daughters have equal right of inheritance as sons to their father's property.
• Daughters also have a share in the mother's property.
• The Hindu Succession (Amendment) Act, 2005 (39 of 2005) came into force from 9th September, 2005. the Amendment Act removes gender discriminatory provisions in the Hindu Succession Act, 1956 and gives the following rights to daughters
  • The daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son;
  • The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
  • The daughter shall be subject to the same liability in the said coparcenary property as that of a son;
  • The daughter is allotted the same share as is allotted to a son;
• A married daughter has no right to shelter in her parents’ house, nor maintenance, charge for her being passed on to her husband. However, a married daughter has a right of residence if she is deserted, divorced or widowed.
• A woman has full rights over any property that she has earned or that has been gifted or willed to her, provided she has attained majority. She is free to dispose of these by sale, gift or will as she deems fit.

Wives

• A married woman has exclusive right over her individual property. Unless she gifts it in part or wholly to anyone. She is the sole owner and manager of her assets whether earned, inherited or gifted to her.
• Entitled to maintenance, support and shelter from her husband, or if her husband belongs to a joint family, then from the family.
• Upon partition of a joint family estate, between her husband and his sons, she is entitled to a share equal to as any other person. Similarly, upon the death of her husband, she is entitled to an equal share of his portion, together with her children and his mother.

Mothers

• She is entitled to maintenance from children who are not dependents. She is also a Class I heir.
• A widowed mother has a right to take a share equal to the share of a son if a partition of joint family estate takes place among the sons.
• All property owned by her may be disposed by sale, will or gift as she chooses.
• In case she dies intestate, her children inherit equally, regardless of their sex.

Maintenance

Section 125 of Criminal procedure code prescribes for maintenance of wives, children and parents.

If any person having sufficient means neglects or refuses to maintain-

1. His wife, who is unable to maintain herself, or
2. His legitimate or illegitimate minor child,
3. His father or mother, unable to maintain himself or herself

Court in such cases may order such person to make a monthly allowance for maintenance to the wife, child or parents

• Order issued by a Magistrate of the first class
• Magistrate can also during the pendency of the proceeding order monthly allowance for the interim maintenance
• Application for the monthly allowance for the interim maintenance and expenses of proceeding shall, as far as possible, be disposed of with in sixty days from the date of the service of notice of the application
• "Wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

Important Judicial Pronouncements

Mangatmul V. Punni Devi (1995) (5) scale 199 SC

- "maintenance must necessarily encompass a provision for residence. Maintenance is given so that the lady can live in a manner more or less to which she is accustomed. The concept of maintenance must therefore include provision for food and clothing and the like and take into account the basic need of a roof over the head

Sh. Rajesh Chaudhary Vs. Nirmala Chaudhary CM (M) 1385/2004DeIhi High Court

-In this case the person was seeking permission to ascertain the paternity of the female child. He wanted to ascertain the paternity of the child through DNA Testing which allegedly was not fathered by him. The issue whether an estranged wife claiming maintenance for herself and the child can be denied any interim maintenance while the complex issue of DNA testing on an allegation of illegitimacy of the child awaits determination.

Held that Blood-grouping test is a useful test to determine the question of disputed paternity. Courts can rely it upon as a circumstantial evidence, which ultimately excludes a certain individual as a father of the child. However, no person can be compelled to give sample of blood for analysis against his/her will and no adverse inference can be drawn against him/her for this refusal. Courts in India cannot use blood test as a matter of course. Wherever applications are made for such prayers in order to have proving inquiry, the prayer for blood test cannot be entertained.

The law presumes both that a marriage ceremony is valid and that every person is legitimate. Marriage or filiation (parentage) may be presumed, the law is general presuming against vice and immorality. The court must carefully examine as to what would be the consequence of ordering the blood test, whether it will have the effect of branding a child as a bastard and the mother as an unchaste woman." The sustenance of a minor child and her mother, the petitioner's wife is concerned, it cannot await the determination of the alleged illegitimacy and should be ordered expeditiously if found payable.

Smt. B.P. Achala Anand - Civil Appeal No. 4250 of 2000

The Supreme Court in this case observed that right of a wife to reside in the matrimonial home under personal laws. A wife is entitled to be maintained by her husband. She is entitled to remain under his roof and protection. She is also entitled to separate residence if by reason of the husband's conduct or by his refusal to maintain her in his own place of residence or for other just cause she is compelled to live apart from him. Right to residence is a part and parcel of wife's right to maintenance. . For the purpose of maintenance the term wife' includes a divorced wife.

Bharat Heavy Plates and Vessies Ltd., AIR 1985 Andhra Pradesh 207,

The husband was an employee in a company. He was allotted a company quarter in which he lived with his wife. The quarter was the matrimonial home. However, differences developed between the husband and wife, leading to their estrangement and finally the wife went to the Court, charging her husband with neglect to maintain her and her three minor children. The husband left the company quarter and it was occupied only by his wife and minor children. The husband also wrote to the company, terminating the lease which was in his favour. The hovering prospects of eviction led the wife to the Court for protection, seeking an injunction restraining the company from evicting the wife and her three minor children. The High Court upheld the order impugned before it, whereby the company was restrained from evicting the wife and her minor children. The Court took into consideration the facts that the quarter was meant to be used by the employee and the husband was under an obligation to provide shelter to the wife and children. The husband and the company had both recognized the quarter to be the matrimonial home wherein the wife too was residing. The amount of rent was directed to be deducted from the salary of the husband.

Source: National Commission for Women