The government of Haryana paid 50 per cent compensation to the son of a victim killed in the 1984 riots but refused the balance to the married daughter. The reason given was that she had married before the riots took place and had not been able to procure a succession certificate. Rejecting the government’s plea, the Punjab and Haryana High Court held that as the Hindu Succession Act treats the married and the unmarried daughters equal with regard to inheritance, the compensation cannot be denied to the person in question. The term ‘compensation’ is covered within the meaning of the word ‘property’ under the Hindu Succession Act. The succession certificate filed by the son shows her as one of the heirs (Smt. Naraini Bai vs State of Haryana).
An unsuccessful candidate of the 13th Lok Sabha Parliamentary Elections challenged inter alia Section 61A of the Representation of Peoples Act that provides for the use of the electronic voting machine (EVM). Upholding the provisions, the Karnataka High Court held that the use of the EVM is preferred as it minimises manipulation. As there has to be a minimum time lapse between two votes, the chance of swift rigging, which is common in the closing hours of polling, is minimised. EVMs are also more cost-effective as they cut down on printing charges and also do not require manual labour (Michael vs C.K. Jaffer Sharief).
A lady underwent tubectomy for family planning. Despite the surgery, she gave birth. The lady came from a poor family and she had already given birth to four children earlier. She was awarded compensation but the district judge dismissed the suit holding that these surgeries always had the chance of being unsuccessful and that she could have terminated her pregnancy. The Punjab and Haryana High Court held that there was negligence in view of the fact that she gave birth due to the failure of the surgery. In relatively simple surgeries, such as this, proof of actual negligence is not required. The high court decreed the suit by awarding Rs 90,000 as compensation along with interest (Fulla Devi vs State of Haryana).
SOLON
