Exclusion of time - RULING BY SUPREME COURT

(2012) 2 MADRAS LAW JOURNAL – Page 637 – SUPREME COURT

Limitation Act (36 of 1963), Section 15(2) – Limitation – Suit for recovery of money – Dismissal of suit by trial court on ground of bar of limitation – Exclusion of time required to be given for notice under section 15(2) – Period of notice mandatorily excluded for computation of limitation, provided notice given within limitation period – Suit within period of limitation.

Order 17 Rule 2 & Order 18 Rules 4 & 5 of CPC - RULING BY SUPREME COURT

(2012) 2 MADRAS LAW JOURNAL – Page 595 – SUPREME COURT

Order 17 Rule 2 and Order IX Rule 7 of CPC – Non-appearance of parties – Suit for declaration and permanent injunction – Non-examination of plaintiffs witnesses by defendants despite getting opportunity – Right of defendants to cross-examine close by trial court – Non-appearance of defendants or counsel on next dates – Exparte proceedings against defendants – Legality of – Plaintiffs counsel heard and suit closed for pronouncement of judgment – Evidence of plaintiff un-rebutted and unchallenged – No question of further proceedings once suit closed for pronouncement of judgment – Order 9 Rule 7 not applicable – Trial court justified in ordering suit to proceed exparte for disposal in case both parties or either of parties fail to appear as in Order 9 – Decreeing of suit by trial court, not illegal.

Order 18 Rules 4 & 5 – Recording of evidence – Examination-in-chief of witnesses through affidavits – Whether to be treated as evidence without entry of deponent into witness box and confirmation of contents of affidavits – Examination-n-chief by means of affidavit, always sworn before oath commissioner/Notary – Witnesses not required under Order 18 Rule 5 to enter witness box for production of his affidavit and formally prove it in appealable cases, as he is required to enter witness box in cross-examination – Examination-in-chief of witness in form of affidavit entitled to be treated as evidence.

Sachin Tendulkar's 100 Hundreds: The Chronology

What, where and when of Tendulkar's centuries

Finally Tendulkar takes the monkey of his back

Tendulkar scores landmark century of centuries

Tendulkar, who is now in the 23rd year of his international career had been searching for this century since 12 March 2011.

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Sachin Tendulkar scored his 49th one-day century and the 100th ton of his illustrious international career against Bangladesh at Dhaka in the fourth match of the Asia Cup today.

Tendulkar, who is now in the 23rd year of his international career had been searching for this landmark century since 12 March 2011.

India lost the wicket of Gautam Gambhir in the sixth over of the match when Shafiul Islam clean bowled the left-handed opening batsman; but Tendulkar and Virat Kohli (66) then added 148 runs for the second wicket.

Tendulkar scored his half-century in 63 balls with a lofted drive over extra cover off Shakib Al Hasan; this was also his first 50 since the 85 he scored against Pakistan in the semi-finals of the 2011 World Cup. Tendulkar, who was the first batsman to score a double century in ODIs, reached the three-figure mark when he took a single from a Shakib Al Hasan delivery in the 44th over of India's innings. He took 138 deliveries to score his century, which is one of his slowest in ODIs, but the occasion was so historic that it
shouldn't take the sheen off the landmark.

He celebrated the landmark by glancing at the sky and pointing to the Indian flag on his helmet before he was embraced by Suresh Raina, who was with him in the middle at the team. The Bangladesh players also ran up to congratulate Tendulkar on his achievement even as the crowd went into raptures.

Tendulkar scored 114 from 147 balls before he was caught behind off Mashrafe Mortaza's bowling in the 47th over of India's innings which ended at 289-5 in their allotted 50 overs.

Talking to Neo Cricket after India's innings, Tendulkar said it has been a tough phase for him even though he started the season batting reasonably well. Tendulkar said the hype around his 100th international century was started by the media and he was asked about it wherever he went - be it restaurants, hotels or ordered room service. He conceded the moment hadn't sunk in yet, and added: "Dreams do come true. I had to wait for one for 22 years (to win the World Cup)."

India's Prime Minister Manmohan Singh was amongst the first to wish Tendulkar and said he has made the country proud. "Tendulkar's long career has been a triumph of class, character and courage. I wish him many more innings and feats to continue inspiring the youth," Singh said in a press release.

Tendulkar was also congratulated by ICC Chief Executive Haroon Lorgat said he is a marvel to cricket lovers around the world, adding he is a true role model. "On behalf of every cricket fan around the globe I congratulate Sachin on becoming the first person to score 100 centuries for his country. This is indeed a magnificent feat and not likely to be easily emulated," Lorgat was quoted as saying in an ICC release.

Lorgat also said: "Like millions of others I have personally followed his career ever since he first played for India as a gifted 16-year-old and now, more than two decades later, his passion and personal records, which include more than 33,000 runs at international level, is a modern day wonder."

Tendulkar scored his first international century - 119* - against England at Old Trafford in August 1990; while his first ODI century (110) came against Australia at Colombo on 9 September 1994.

He scored the 99th century of his career against South Africa at Nagpur during the 2011 World Cup, but had failed to get to the three-figure mark in his last 33 innings; which included away Test series in England and Australia; a home Test series against West Indies and the Commonwealth Bank tri-series in Australia.

Tendulkar scored 12 centuries in 1998 - the most he has in a year in his career. He has scored eight centuries in three different years (1996, 1999 and 2010).

Tendulkar, who is the most capped player in Tests and ODIs, holds an array of batting records including for the most runs and centuries scored in those two formats of the game.

In his 188 Tests, Tendulkar has scored 15470 runs, including 51 centuries; and in his 462 ODIs, the batting maestro has scored 18,374 runs, including 49 centuries.

Tendulkar has scored 1000 or more runs in a calendar six times - 1997, 1999, 2001, 2002, 2008, 2010. He has also scored 1,000 or more ODI runs in a calendar year seven times - 1994, 1996, 1997, 1998, 2000, 2003 and 2007.

courtesy: www.yahoo.com

Prohibition of Child Marriage Act, 2006

2012(1) TAMILNADU LAW NOTES JOURNAL (Civil) – Page 260

Prohibition of Child Marriage Act, 2006 – Section 3 and 12 – If a minor child is taken or enticed out of keeping of the lawful guardian and by force compelled or by any deceitful means induced to go through a form of marriage, the said marriage will be void – though Section 11, 12(c), and 13(2) (iv) of the Hindu Marriage Act will not come to the rescue of the appellant/wife, she is protected under Section 3 of the Prohibition of Child Marriage Act, 2006 - Section 13(2)(iv) of Hindu Marriage Act 1955 requires an amendment by substituting the age 18 years to 15 years, so that in a voidable child marriage, the child or her guardian can have an option either to invoke the Hindu Marriage Act 1955 or the Prohibition of Child Marriage Act, 2006.

AVOCADO

Natural Wonders: Avocado

By Mdhil | Mdhil – Tue 6 Mar, 2012 10:18 AM IST

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  Natural Wonders: Avocado

This creamy flavour-filled fruit is a powerhouse of nutrients. It helps fight cancer, keeps your heart healthy and can also delay aging.

Avocado, a powerhouse of nutrients!

Avocado and its nutrients:

Avocados are getting popular as your neighbourhood fruits vendor too has begun to stock them. This creamy, delicious fruit contain many essential nutrients such as folic acid, potassium, fibre, vitamin E, B-vitamins. In addition this fruit is known as a nutrient-booster as it aids better nutrient absorption.

Health benefits of avocados:

Protection against oral cancer: Research suggests that certain compounds in avocados manage to seek out pre-cancerous and cancerous oral cancer cells and destroy them, without causing any harm to healthy cells.

Keeps breast cancer away: Avocado also helps prevent breast cancer. Like olive oil, this fruit is high in oleic acid, which according to many studies is known to prevent breast cancer.

Protects against prostate cancer: Avocado also inhibits the growth of prostate cancer.

For a healthy heart: Studies show that people who eat foods rich in folate have lesser chances of developing health diseases. A cup of avocado meet b23% of the recommended value of folate, so make it a part of your daily diet to keep heart diseases at bay. Additionally, avocado contains good amounts of vitamin E, monounsaturated fats and glutathione, which are good for you heart.

Prevents stroke: This fruit contents high amounts of folic acid, which as per various studies is known to help prevent strokes.  

Lowers cholesterol: This fruit is high in a compound called beta-sitosterol, which studies say can lower cholesterol. Another compound, oleic acid is also known to help in lowering cholesterol.

Nutrient-booster: Avocados help greatly enhance your body’s ability to absorb the health-promoting carotenoids (organic pigments like lycopene and beta carotene) from vegetables. So add some slices of this yummy fruit to your salad and reap its benefits.

Source of vitamin E and antioxidants: Avocados are rich in vitamin E and an antioxidant called glutathione, both these help protect the body against damage from free radicals.

For healthy eyes: Avocados have more of the carotenoid lutein in comparison to any other popular fruit. This compound is known to protect eyes from muscular degeneration and cataracts, both age-related eye diseases.

courtesy: www.yahoo.com

NUTS

Natural Wonders – Almonds

By Mdhil | Mdhil – Sun 4 Mar, 2012 11:01 AM IST

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Keep some almonds handy for a quick energy boost.

Almonds are rich in nutrients

Almond and its nutrients

Almond, rightly called the wonder nut, not only tastes good but also comes loaded with numerous health benefits, especially, for women. Packed with vitamins, minerals, anti-oxidants and health-promoting fats, research reveals that these nuts reduce risk of heart disease and lowers cholesterol. What more? Frequent consumption of almonds aids weight management as they satiate your appetite and curb cravings.

Though referred to as a nut, almond is technically the seed of the fruit of the almond tree. They are off-white in colour, covered by a thin brownish skin, and encased in a hard shell. There are two kinds of almonds: sweet and bitter. While sweet almonds are the kind that are eaten; bitter almonds are used to make almond oil, known to strengthen bones, improve skin and hair.

Traditionally a part of the Indian diet, almonds make for a healthy snack and also a tasty additive to many recipes.

Health benefits of almonds:

Helps cure anaemia: Nearly 56% of Indian women are anaemic, according to the National Family Health Survey (NFHS). The haemoglobin count for most Indian women falls under the standard accepted worldwide. Sufficient amounts of copper when combined with iron and vitamins can boost production of red blood cells and cure anaemia. Since almonds pack in a high percentage of copper, they make for an ideal supplement. Further, these highly nutritious nuts help increase bone mineral density, making a strong skeletal system.

Wonder food for mothers-to-be: Doctors across the globe recommend consumption of almonds before and after pregnancy. A leading source of Vitamin E, the most essential nutrient for mothers-to-be; a handful of almonds can supply 33% of the Vitamin E required by the body.

Aids weight loss: Many avoid nuts in the fear of weight gain. But studies suggest that nuts like almonds, when eaten frequently help in weight management. Thanks to its nutrient density, almonds have the effect of making you feel full and thereby reducing cravings and possibilities of over eating.

Prevents birth defects: One of the most important things you can do to prevent birth defects in your baby is to get adequate folic acid everyday. Folic acid, which plays a big role in healthy cell growth and tissue formation, is found in high doses in almonds

Good for your hair and skin: The antioxidant properties of almonds are considered to be good for your skin and hair. So eating almonds, or alternately applying almond oil to your skin and hair will help you to derive its benefits.

For a healthy heart: Almonds are high in monounsaturated fats, the same type of “good fat” found in olive oil that is known to lower risk of heart diseases. Including almonds in your regular diet helps increase HDL or “good” cholesterol, levels, and lowers LDL or “bad” cholesterol, levels.

More help with energy production: Nutrients in almonds such as manganese, riboflavin, and copper are all known to aid energy production. If you’re the kind who is always on the go, keep almonds handy for an instant energy boost.

courtesy: www.yahoo.com