About Me

My photo
Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.

Contact Me

+91 9971049936, +91 9312079439
Email: adv.kamal.kr.pandey@gmail.com

Monday, May 26, 2008

Fashionistas move HC over FDCI director's deals

New Delhi: A fashion runway looks glamorous and dazzling, but behind the scenes all is not well.
A few members of the Fashion Design Council of India, led by designer Anju Modi have moved the Delhi High Court against alleged ill-treatment by the top brass.
Modi accused the FDCI's Executive Director. Sumeet Nair, of favouring some designers and blocking the transparent functioning of the body.
“He is misleading the designers and innocent people in some areas, where he is taking advantage of them,” Modi alleged.
Modi also challenged the proposed move by the Council to drop non-performing members from the Board.
Iram Mirza / CNN-IBN
Published on Mon, May 26, 2008 at 04:22, Updated at Mon, May 26, 2008 in Lifestyle section
www.ibnlive.com

Conciliation and MediationConsent of warring parties not essential: HCSaurabh MalikTribune News Service

Now, sitting face to face with your adversaries for resolving family disputes is not a matter of choice. In a significant ruling, the Punjab and Haryana High Court has held that the consent of warring parties is not essential for referring a dispute for conciliation and mediation.
The High Court believes it will not only bring one closer to resolution of a dispute, but will also help the courts part ways with the problem of pendency of cases.
The ruling, by Justice Ranjit Singh of the High Court, is the first of its kind ever since conciliation and mediation was given statutory recognition by introduction of certain provisions in the Code of Civil Procedure.
Drawing a clear distinction between arbitration, judicial settlement and conciliation, Justice Ranjit Singh has held the consent of all parties to litigation is a pre-requisite for referring a matter for settlement through arbitration and judicial settlement.
“Though conciliation and mediation are also generally on the basis of consent, still the court would have an option to choose this alternative mode of settlement of disputes even if one or some of the parties to the dispute do not give their consent.”
Elaborating, Justice Ranjit Singh added that the consent of a party or all the parties to litigation would not be essential for the court to exercise its power, or perform its duty, to refer a case for conciliation or mediation.
The Judge further added that it was an alternative form of dispute settlement and required to be encouraged for lessening the burden on courts, “apart from achieving the objective of good and healthy relationship between the parties; and to end the bitter fight that generally ensues when the parties are litigating.”
In his detailed 19-page ruling on civil revision number 4350 of 2007, the Judge has also stressed upon the need for going in for such methods. “The litigant must realise the court process is time- consuming, costly, cumbersome; and it is advantageous to opt for this alternative mode now statutorily made available.
“It may relieve the tremendous burden on courts. It needs to be realised that conciliation and mediation or such like methods of resolving the disputes, especially in the family or localities or society, are well recognised in our country and the option of going to the court has always led to bitterness between the parties that are litigating.
“When the family can sit together and resolve their differences/disputes, it would certainly remove this bitterness, if any, in the relationship; and rather the relationship may be preserved for times to come. The court, as such, would wish that the mode is given a try and see if the bitter fight that is on in the family sees a turn around and may lead to healthy relations. The bitterness may to an extent lessen, if the family is able to sit together and talk to each other in the presence of a neutral conciliator or mediator,” the Judge has asserted.
Before parting with the judgement, Justice Ranjit Singh has held: “The factual information received by the conciliator is not to be disclosed to the other party. Conciliator shall keep confidential all matters relating to conciliation proceedings. It is also to be noted that conciliator is not to act as an arbitrator.”
Chandigarh, May 25
www.tribuneindia.com

CJI call to tackle new age crime

New Delhi, May 17: Chief Justice of India K.G. Balakrishnan today said the criminal justice system needs to be revamped to implement internal laws on crimes like terrorism, money-laundering and arms and drug smuggling as well as to address human rights violations.
“It is imperative that the criminal justice system be revamped to address these concerns,” Balakrishnan said at a seminar here.
Balakrishnan said “arbitrary high-handedness and human rights violations” by security agencies “alienate” the people, who fall prey to those working against national interests.
“For this, an appropriate legal framework, particularly in criminal justice, would go a long way in supporting law enforcement agencies and making them legitimate in the eyes of the citizens.”
He cited the example of anti-terror laws Tada and Pota — one was allowed to lapse and the other was repealed on grounds of misuse — to make the case for an effective criminal justice system.
“The proponents of terror, armed with modern technology and assisted by a multitude of sleeper cells, have spread their influence even to areas hitherto inaccessible,” the Chief Justice said and added that any counter-terrorism method should also secure the support of local people.
Sunday , May 18 , 2008
OUR LEGAL CORRESPONDENT
www.telegraphindia.com

HC notice to JNU, Vice Chancellor on student's plea

New Delhi (PTI): The Delhi High Court has issued a notice to Jawaharlal Nehru University (JNU) and its vice-chancellor on a petition filed by a student alleging that he was denied admission to an M Phil course but some other ineligible candidates were taken in.
A Division Bench of Chief Justice A P Shah and Justice S Muralidhar directed the varsity and its VC to reply by July 10 on a petition filed by Laxman Singh, an aspirant for M Phil course in Arts and Aesthetics.
He alleged that the JNU had given admission to six others who did not even possess the minimum qualification as per the prospectus and some of them did not even appear for the entrance examination.
Challenging a single judge's order dismissing Singh's petition, his counsel Atulesh Kumar contended before the court that the decision taken by the university was "arbitrary and biased" as other students were related to the faculty members and scored more marks in viva test.
Kumar submitted that his client was a meritorious students and he was the only candidate from the school of Arts and Aesthetics who cleared UGC/NET examination for lectureship in 2006 and sought the cancellation of admission given to other six students.
"The faculty members who conducted viva were totally biased and against Singh because he belongs to the SC category and they never liked him," the counsel argued.
Sunday, May 25, 2008
www.hindu.com

SC gives relief to Mysore Kirloskar

In a relief to Mysore Kirloskar, the Supreme Court has ruled that the manufacturing company is not liable to pay excise duty on a consideration received from ITC to supply engineering machines with definite specifications.


Mysore Kirloskar had entered into an agreement with ITC in May 1991 for manufacture of certain engineering machines and had received an advance of Rs 43 lakh towards drawings, patterns, jigs, fixtures and tools etc developed by it.
The Commissioner of Central Excise had demanded a duty of Rs 7.41 lakh from the company besides imposing penalty of Rs 75,000 on the advance paid by ITC.
While confirming the Customs Excise and Gold (Control) Appellate Tribunal, Bangalore, judgement that set aside the penalty, a bench of Justices Ashok Bhan and J M Panchal said that the agreement was not merely for the preparation of design and drawings, but a total contract for design, drawing, manufacture of prototype, supply of the machines and payment of excise duty, etc.
"The contract could not have been read in isolation in parts, that is to say that the respondent (Kirloskar) had separately agreed to supply designs, drawings etc and also separately agreed to supply machinery," it added.
"Before adding the value of the drawing etc., it has to be established that the consideration had a nexus with the negotiated price of the assessable goods under clearance, i.e. machines in the instant case," the bench said.
Without establishing any such nexus, the Commissioner of Central Excise could not have demanded the duty on the additional amount of Rs 43 lakh, according to the court.
New Delhi, PTI :
www.deccanherald.com

If rules permit, cop on probation can be sacked: SC

New Delhi, May 25: A policeman can be summarily dismissed from service for misconduct during the probation period if there is a provision for it in the recruitment rules, the Supreme Court has said.
A Bench of Justices Tarun Chatterjee and Dalveer Bhandari said the requirement of conducting a departmental inquiry to probe the misconduct need not be fulfilled in such cases.
The Bench passed the judgment while quashing a Punjab & Haryana High Court order which upheld a civil court's ruling that the dismissal was illegal, since the principles of natural justice in the form of a departmental inquiry were overlooked while removing constable Avtar Singh.
Invoking Rule 12.21 of the Punjab Police Rules, 1934 the Government ‘discharged’ (dismissed) Avtar Singh from service as he unauthorisedly abstained from duties for more than a month during his probation period.
According to the rule, "A constable who is found unlikely to prove an efficient police officer may be discharged by the Superintendent at any time within three years of enrolment. There shall be no appeal against an order of discharged under this rule."
A civil court quashed the dismissal and the State's appeal was dismissed by the High Court. The High Court took the view that while absence from duty was definitely a misconduct, Singh should have been discharged from service only after a formal inquiry.
Agencies
Posted online: Sunday , May 25, 2008 at 08:40:11Updated: Sunday , May 25, 2008 at 08:40:11
www.expressindia.com

Global legal regime vital to tackle terrorism: CJI

Ottawa: Chief Justice of India K G Balakrishnan stressed on the need for a "global legal regime" to tackle the challenges posed by terrorism and breaches of intellectual property rights.
"Terrorism and breaches of intellectual property rights are no longer a problem of a particular nation but an issue involving a number of international aspects. Since these are global phenomenon, responses to terrorism and breaches of intellectual property rights must also be global," the Chief Justice said yesterday. Balakrishnan, during his three day official visit to the country, watched proceedings of the Supreme Court of Canada in Rogers Holland case, and met Chief Justice of the Supreme Court of Canada Beverly McLachlan, judges of the Supreme Court; Chief Justice of Quebec Michel Robert, and discussed the matters of mutual interest. "The escalation of global terrorism and advances in digital technology has posed a new challenge to law makers and judiciary," he said while discussing the challenges posed advancements in digital technology to law makers, and how India and Canada could help each other in the field of legal education.
Acting Dean of Law Faculty of University of Ottawa Daniel Gervais explained to the Chief Justice how Canadian experience in the field of intellectual property rights and legal education could be useful to India.
He also attended a dinner hosted by the Speaker of Canadian Upper House where he met Canadian law makers and discussed National Security and Civil Liberties issues.
The Chief Justice said that National Law School in Delhi would be set up soon, and added steps were being taken to overcome the shortage of law professors in India. He also said that the judge's strength of the Supreme Court would be increased to 31 from present 25.
Source : PTI
Sunday, May 25, 2008 09:02 [IST]
http://news.indiainfo.com

Now legal advise available online worldwide

VISAKHAPATNAM: (India): Keeping pace with the changing times, consumers across the world have been looking to the internet for their legal needs. Four million people go online to get legal advice. We dont know the pricing of legal advice. Please check with the website. We are not responsible for any illegality.

Numerous legal web sites have cropped up recently in the western world, many of which serve as virtual match-makers between lawyers searching for clients and clients in need of help. Unlike our western counterparts, there has been no authentic legal portal for the Indian public until now.
This void gave birth to AdvocateKhoj - India's Dedicated Case Post System for Consumers (URL: http://www.advocatekhoj.com) to help people find a well-qualified lawyer for their legal issues. Consumers who are in need of legal assistance can present their case by answering some simple questions about their legal situation, "free of cost" on the AdvocateKhoj website without revealing his or her identity. Lawyers enrolled with AdvocateKhoj would review these cases and send their replies. The consumer can now view the responses from various advocates, check their background information, education and experience, and then make an informed decision on whom to engage for their case.
AdvocateKhoj uses automated online technologies that match specific needs of a consumer with a lawyer by matching geographically, and also based on a lawyer's various salient attributes and legal expertise. The matching is fully automated and is based on client-entered criteria, so there is no preferential treatment of any particular lawyer.
The result: Prior to any money changing hands, and with minimal time spent, consumers can present their cases and in-turn get in touch with lawyers of their choice! According to Anoop Vincent, co-founder, AdvocateKhoj, "It's obvious that consumers would embrace this new and unique service as all of us prefer to make empowered and informed decisions. The search for a well-qualified lawyer or a good client should be no different."
Saturday, 24 May 2008
www.punjabnewsline.com
Punjab Newsline Network

Peace deal to give legal cover to FM stations used by clerics

Karachi (PTI): Radio is serving as an ideal propaganda tool for radical clerics in Pakistan's restive tribal agencies, and the inking of a peace deal between the government and Pakistan Taliban will provide legal cover to FM stations used by them.
The deal under which licenses will be given to close to 100 illegal FM stations operating in the region, could pose a threat to the security and stability of the country, many feel.
According to the Pakistan Electronic Regulatory Authority (PEMRA) 90 per cent of the around 100 illegal FM stations operating in the North West Frontier Province and adjoining tribal areas, are used to issue calls for Jihad and for propaganda against the government.
With equipment required to set up a movable FM radio station easily available at less than Rs 10,000, clerics have used this media tool effectively in the last few years and despite crackdowns by PEMRA, such stations have flourished.
Rooting out these illegal FM stations is difficult because they are movable and can be reassembled quickly. "It is not even easy to jam all of them," a PEMRA official said.
The FM stations in these backward areas have been of great help to clerics in spreading their messages to the masses who have limited access to INTERNET and television.
Maulana Fazlullah, who became famous as "Mullah Radio" for his fiery sermons on his illegal station, was one of the few radicals to have initially used radio as an effective propaganda tool.
Wanted by security forces, Fazlullah who teaches his own brand of radical Islam and spews hate against the government used the FM airwaves so effectively at one time that he even derailed an otherwise productive polio vaccination campaign in Swat.
Sunday, May 25, 2008
www.hindu.com

Delhi High Court begins hearings on India’s sodomy lawSection 377 hearing in Delhi High Court: May 19 & 22, 2008

Fridae’s special New Delhi correspondent for the case, Mayur Suresh, was in court to report on the final oral arguments on Monday, May 19.


On Wednesday, the Delhi High Court will begin final arguments in the constitutional challenge to Section 377 of the Indian Penal Code, 1860, which criminalises ‘carnal intercourse against the order of nature’. Filed in 2001 by the Naz Foundation, a NGO working on HIV/AIDS and sexual health issues, the petition points to that the provision criminalises private sexual acts between consenting adult men. Naz Foundation is broadly arguing that this provision is hampering efforts at HIV/AIDS prevention and treatment since it drives gay men underground, and that it violates the constitutionally protected rights of equality and privacy.
The petition has attracted its fair share of attention. In 2003, an association of AIDS-denialists, The Joint Action Council, Kannur, made them selves parties to the case and in their written submissions argued that there is no evidence that HIV/AIDS exists and that it is spread through sexual activity. Soon after, Mr. B.P. Singhal, a member of Parliament from the far-right Bharatiya Janata Party entered the fray and in his written petition before the Court argued that homosexuality was unnatural and against Indian culture.
In October 2007, a coalition of human rights, LGBT rights, women’s rights and child rights organisations, known collectively as ‘Voices Against 377’ became a party to the case. They argued that Section 377, while rarely used in actual prosecutions, is used to target lesbian, gay, bisexual and transgendered people, and that sexual minorities face discrimination, harassment, blackmail, violence, rape and even murder as a result of this law.
Oral HearingsSeven years after it was filed, final oral arguments began on Monday, May 19 before Justices Sikri and Midha of the Delhi High Court.
The proceedings began on an amusing note with the federal Home Ministry upholding the law and the federal Health and Family Welfare Ministry all but supporting Naz Foundation against Section 377. The Home Ministry, in its affidavit, says the law is right as Indians largely disapprove of homosexuality and that the law should continue as a deterrent for such kind of “immoral” acts.
The Ministry of Health and Family Welfare however, in its affidavit, says it is against enforcement of Section 377 as it pushes homosexual men underground, hampering efforts to control the spread of HIV/AIDS among this high risk population.
Monica Garg, the lawyer for the federal government, told an amused Court that she would argue the brief of the Home Ministry but also draw from arguments made by the Health and Family Welfare Ministry.
Anand Grover, lawyer for the Naz Foundation, introduced the case to Justices Sikri and Midha. Before a packed courtroom, he set out the structure of his case and said that the Naz Foundation challenges the constitutional validity of Section 377, on the grounds that it violated certain fundamental rights guaranteed under the Indian Constitution, namely Articles 14 (equality), 15 (non-discrimination), 19 (freedom of speech and expression) and 21 (life and liberty).
The anti-sodomy law presently on the statute books in India, was taken by the British to all its colonies. Mr Grover pointed out however, that not only has the law been repealed or struck down in many of its former colonial possessions, like Canada, Australia and more recently Fiji and Hong Kong, but was also repealed by the United Kingdom, the birth place of the law, more than 40 years ago. He began his arguments by drawing upon the history of the section 377 and traced it back to biblical injunctions against buggery, and which found expression in British law as the ‘vice to horrible to be named.’
The apparent disgust with even naming or describing sodomy, is similarly expressed by Lord Macaulay, who drafted the provisions of the Indian Penal Code in the middle of the nineteenth century. He said that the provisions “relate to offences respecting which it is desirable that as little as possible be said… we are unwilling to insert either in the text or in the notes anything which could give rise to public discussion on this revolting subject, as we are decidedly of the opinion that the injury which could be done to the morals of the community by such discussion would more than compensate for any benefits which might be derived from legislative measures framed with greatest precision.”
Mr Grover, stated that it is this refusal to define the offence clearly is what rendered the provision unconstitutional. The offence criminalises ‘carnal intercourse against the order of nature’ and he argued that it is not clear, on the face of it, of what this means. He argued that the section 377’s vagueness runs counter to any basic principle of modern criminal and constititonal law that a penal law must be clear and precise and everyone should know exactly what the law penalises. In its 148-year history, there have been a few reported cases and even in those cases there has been considerable debate on what sexual acts the section covered.
He further argued that the law was unconstitutional because it did not take into account elements of consent. He said that the law was problematic particularly because it criminalised homosexual acts between adults even where the people involved consented to these acts.
He then referred to the Wolfenden Committee report of the United Kingdom, which recommended the repeal of the British sodomy laws. Relying upon the point in that report that the enforcement of morals on acts committed in private was not the domain and proper function of criminal law, he stated that the very same question now presented itself before the Delhi High.
Mr Grover is expected to continue his oral arguments till early next week. With Court holidays starting at the end of June for a month, a decision is not expected within the immediate future. The Court adjourned the matter and set the next date of hearing on May 21.
Mayur Suresh is a lawyer in New Delhi. He will continue to report on the case.

By Mayur Suresh
From Fridae.comMay 21, 2008
http://qmediawatch.wordpress.com

Lawyers boycott courts demanding HC bench

Thiruvananthapuram (PTI): Intensifying their agitation to press the demand for setting up a bench of the Kerala High Court in this state capital city, lawyers on Saturday boycotted district courts here.
The lawyers had undertaken a 100-day long relay fast in front of the district court complex which concluded on Friday and the court boycott call was given by the bar association, all-India lawyers Union and Indian Lawyers Union.
The main gates of the court complex remained closed and only one gate was kept opened for the entry of judges. Staff attendence in the courts was also thin.
Varkala Rahdakrishnan, MP, inaugurated a protest meeting organised in front of the District court complex. Speaking on the occasion, Radhakrishnan said there was no justification for denying a high court bench with filing facilities here.
All political parties in the state have also supported the advocates' demand. The state Assembly had passed unanimous resolutions twice requesting the Centre to take steps to set up a high court bench at Thiruvananthapuram. The principal bench of the high court is now located in Kochi.
The state government had also submitted a memorandum to President Prathiba Patil during her recent visit to state in this regard.
Saturday, May 24, 2008
www.hindu.com

SC, ST, OBCs entitled for merit-based appts: Kerala HC

Kochi, May 24: The Kerala High Court on Friday upheld the verdict of the single judge that members of SC, ST and OBC are entitled to be considered for appointment under merit quota and if any candidate belonging to those communities is appointed in the merit quota, the number of seat reserved for the said communities shall not be affected by the same. The judgement was delivered by a division bench consisting of Justice K Balakrishnan Nair and Justice P N Ravindran dismissing appeal filed by the PSC against the verdict of single judge. NSS general secretary P K Narayana Panicker got impleaded in the case and supported PSC. Bureau Report
www.zeenews.com

HC declines to restrain BFI from acting upon TNBA team

Chennai: May 24: The Madras High Court today declined to restrain the 'Basketball Federation of India'(BFI) from acting upon a list of team sent by Tamil Nadu Basketball Association(TNBA) to participate in the Junior National Basketball Championship at Bhilwara in Rajasthan.
After hearing an urgent application filed by one S Subramaniam and two others, claiming themselves as genuine office bearers of TNBA, Mr Justice M Sathyanathan, ordered notice to TNBA and posted the case to May 29.
The petitioners submitted that former IAS Officer, Dyaneswaran, who is claiming himself as Chairman of TNBA, was acting in gross violation of the TNBA byelaw, the provisions of Tamil Nadu Society Registration Act(TNSRA) 1975 and the rules framed thereunder. Mr Dyaneswaran filed neither tax returns, nor submitted accounts and had not conducted periodical elections so far, they added.
The Petitioners further submitted that seven out of 12 executive members were opposing the autocratic behaviour of Mr Dyaneswaran and stated in a crystal-clear manner that a proper basketball team should be selected to take take part in the Junior National Basketball Championship for boys and girls U-18 to be conducted by the Bhilwara District Basketball Association(BDBA), Rajasthan under the supervision of BFI.
The Petitioners prayed the Court to pass a temporary injuction directing the BFI and BDBA, to stop the team from participating in the event.
It may be recalled that the Madras High Court restrained ousted members of TNBA, S Arulmozhi and S M Hidayathulla, their men, agents and servants among others from using the name of the Association and its Logo. Based on a petition filed by TNBA, Mr Justice V Ramasubramanian passed the Orders on April 21.
Published: Saturday, May 24, 2008
www.chennaionline.com

Court directs the trial of former HC judge in DDA land scam

A Delhi court on Saturday, May 24, framed charges against former High Court judge Shameet Mukherjee and others in a Delhi Development Authority land scam case. Similar cases have also been registered against former DDA Vice Chairman Subhash Sharma.
Additional Sessions Judge I K Kochhar indexed charges against Mukherjee, Sharma, and three others under Prevention of Corruption Act, 1988, and criminal conspiracy under Criminal Procedure Code, as there were prima facie evidences against all of them for allegedly taking unwarranted benefits.
The former judge has been accused for allegedly favouring a co-accused in a decission, who had involved in a land scam and was in legal battle against the land owning authority.
The Central Bureau of Investigation (CBI) who first arrested Mukherjee on April 30, 2003 after conducting a raid in his office cited evidence of audio tape of conversation among the accused.
The agency in a charge-sheet filed in 2005, had said that it scanned calls of Mukherjee and other accused to come to the conclusion.
CBI alleged that the former judge abused his official position by granting an interim stay in favour of Vinod Khatri, a hotel owner which did not allow DDA to reclaim the land required to widen Aruna Asif Ali Road.
Besides, the court had also summoned former DDA Vice-Chairman Subhash Sharma, DDA middleman Dharam Vir Khattar and private secretary to a former DDA Vice-Chairman Ashok Kapoor in connection to this and some other land scams.
New Delhi, Sat, 24 May 2008 NI Wire
www.newstrackindia.com

‘Wine, women’ got him: Court says try ex-HC judge

New Delhi, May 24 2003 land scam: Former DDA v-c also accused
Former Delhi High Court judge Shameet Mukherjee and four others, including a former DDA vice-chairman, were on Saturday ordered by a city court to stand trial in connection with a 2003 land scam.
Additional sessions Judge I K Kochhar found sufficient prima facie evidence against all five accused under various charges of Prevention of Corruption Act and Indian Penal Code (IPC).
Besides Mukherjee, others against whom charges have been framed are ex-DDA vice-chairman Subhash Sharma, his secretary Ashok Kapoor, Dharambir Khattar (a middleman), and Vinod Khatri (a city restaurant owner).
According to the FIR - registered on April 29, 2003 by CBI - Mukherjee, then dealing with DDA cases, had abused his official position and entered into a conspiracy with the others to provide financial advantage to Khatri over a disputed land on Aruna Asaf Ali Road.
The CBI has alleged that the former HC judge had accepted “unlawful gratifications” from the accused to pass a favourable order for Khatri, owner of Sahara restaurant.
The disputed land was situated across the road from Khatri’s restaurant and he wanted to grab the property, the CBI claimed. Khatri, the agency said, had already built a structure there and dumped garbage.
The probe agency said Khattar acted as liaison between Mukherjee and DDA’s Sharma, and sought to strike a deal with Khatri to provide him a judicial order.
According to the FIR, while “wine and women” took in Mukherjee, Sharma was to be paid consideration for his illegal act of helping Khatri’s case by appointing a favourable lawyer on behalf of DDA. Mukherjee had also passed a favourable order in February 2003, pointing to his complicity, the agency had contended.
Seeking prosecution for the accused, CBI had produced 105 documents, statements of 90 prosecution witnesses, 100 intercepted call records, and 15 other material objects. Mukhejee, who was arrested in April 2003 and is out on bail, claimed he could not be prosecuted as his action was not beyond the judicial realm of bonafide authority of a judge. The others also claimed innocence. But the court noted there was enough evidence to try the accused. From evidence presented before the court “it can safely be inferred at this stage that Shamit Mukherjee in his capacity as a Judge of High Court of Delhi had abused his official position,” the court ruled. It said he received, through Khattar, “illegal gratification in the form of material objects, including his mobile phone, the other “samaan” (objects), wine and women to satisfy illegal designs of Khatri, who was in the process of expanding his illegal empire by usurping government land.” The case comes up for hearing on Monday.
Express News Service
Posted online: Sunday , May 25, 2008 at 12:06:57Updated: Sunday , May 25, 2008 at 12:06:57
www.expressindia.com

OCS Mains exam on May 27

CUTTACK: PUTTING an end to the uncertainties over conduct of Orissa Civil Services (OCS) Mains examinations on May 27 in view of the State Administrative Tribunal (SAT) ruling to defer it by three months, the Orissa High Court on Friday directed for holding the exams on the scheduled date.The single judge bench for the vacations of Justice M.M. Das issued a stay on the SAT order but restrained the Orissa Public Service Commission (OPSC) from declaring the results till disposal of the cases being heard by it as well as the writ petitions pending with the tribunal.The directions came in response to a writ filed by the OPSC challenging the SAT order for deferring the examinations and adding more candidates to the Mains examinee list.The Tribunal ruling was based on a petition filed by one Tanmay Ku Rout and two others alleging faulty preparation of lists of eligible candidates for the Mains and non-adherence to laid out norms.According to them, the norms stipulated for fixing candidates at least 12 times the number of posts for recruitment. But it was not followed. For the 381 posts as announced by the Government, the number of candidates for Mains should have been at least 4,560 but the OPSC had issued a list of only 3,730. The petitioners had also complained that the reservation guidelines, as fixed by the Supreme Court, was not followed. Pronouncing its judgment, SAT had asked OPSC to include 830 more candidates to the Mains list.The OPSC had then moved the High Court pleading for quashing of SAT order as it had already made all preparations for conducting the examinations.Admit cards had been issued to candidates and they were through into preparing for the examinations.The list did not reflect anomalies as it had included all aspirants who had made the cut-off marks for eligibility. Besides, the Government had spent huge money for the Mains which would be lost in the event of deferment, the Commission submitted.
Saturday May 24 2008 10:19 IST
Express News Service
www.newindpress.com

HC reserves verdict in police recruitment scam case

The Allahabad High Court today directed the Registrar General (R G) of the court to lodge an FIR in the matter of manufacturing of a forged order of the HC. The Court has directed the Principal Secretary (Home) Uttar Pradesh to appoint an officer not below the rank of SP to investigate this case.The order was passed by Justice D P Singh in a writ petition filed by one Jagat Prasad (now deceased during the pending of writ petition), who had challenged the order of ceiling authorities by which his certain land, was declared as surplus land under the provisions of Ceiling Act.The petition was finally dismissed on May 3, 2005, but a forged order of this Court was produced before the district authorities, alleged to have been passed on November 21, 2005. The Court, had summoned the widow of the petitioner and also the local counsel of district Fatehpur, who had made this forged order available to the widow. The Judge directed the R G to lodge an FIR to investigate the matter.The Court has said a well organised gang is engaged in manufacturing of forged orders of the High Court. 5/23/2008
UNI
www.indlawnews.com

Applications for extra FSI put on hold till June 6

MUMBAI: In an interim order passed on Friday, the vacation bench of the Bombay High Court restrained the BMC from issuing commencement certificate (CC) to applications seeking 0.33 additional Floor Space Index (FSI) till June 6. The order may slightly slow down construction activities in the city.
In a PIL challenging the state government’s order of April 10 to increase FSI in suburban Mumbai from 1 to 1.33, senior counsel Mukul Rohatgi and advocate YP Singh contended that the government had made the changes under section 37 of the Maharashtra Regional Town Planning (MRTP) Act, 1966, that pertains to minor modifications. However, section 22 of the Act states that any modification of more than 10 per cent is a major modification, they contended. They further said the government’s order cannot be implemented until there is a change in the development plan of the city.
Justices Ranjana Desai and AA Kumbhakoni approved the interim order stating that any purchase of 0.33 FSI will be subject to the final decision on the PIL. The court has also said from May 23, the BMC will notify those buying the increased FSI that they cannot create any third party interests with regard to the FSI. The court order elaborates that the civic body can process applications seeking additional FSI and also sanction development plans but cannot issue commencement certificates until June 6.
Also there will be no such embargo on the applications for increased FSI filed before May 23 but their status will be subject to the final order in the petition. The order of the court will be in effect till June 6 unless it is modified or vacated by a regular bench of the court that will hear the PIL on June 3.
Earlier this week, an intervention application was filed by Practising Engineers, Architects and Town Planner’s Association supporting the government’s decision to hike the FSI in the suburbs. Amit Maru from Tardeo and Arun Gaikwad from Kurla filed the PIL last month alleging violation of at least 10 legal provisions committed by the government while granting the increase in the FSI.
Mayura Janwalkar
Saturday, May 24, 2008 03:53 IST
www.dnaindia.com

INDIA: Delhi HC to take up PIL on gay rights

MUMBAI: In a tony neighbourhood in Andheri, Rahul, a 25-year-old IT professional, shares an apartment with Brian (27), who works at a multi-national bank. For the last two years, their landlord and neighbours know them as perfect roommates, but to friends and a few family members they are a gay couple.In a country where homosexual acts are punishable with life imprisonment, few like Rahul and Brian manage to make a home for themselves. A public interest litigation being heard in Delhi HC this week seeking to decriminalise homosexuality is being watc-hed with bated breaths by the lesbian and gay community.“Living with one’s partner is taken for granted by my straight friends, but I have to make sure who I tell about our relationship,” said Rahul, the more outspoken one who has also told his family about himself. Brian is still to decide what to tell his parents.“The Constitution guarantees the right to privacy and right to health, but the law treats gay people as criminals whose rights can be abrogated,” said Lesley Esteves, a lesbian activist and spokesperson for Voices Against 377 a coalition of LGBT, women’s and human rights activists. Voices is one of the organisations that has filed an intervention application in the high court seeking a “reading down” of the law.Section 377 says “whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment of either up to 10 years or life”. Enacted in 1860, it was more stringent than anti-sodomy laws that existed in English law of the time.The section says, “Penetration is sufficient to constitute the carnal intercourse necessary for the offence. It includes a whole range of offences from mutual masturbation, to fellatio and anal sex.”The Law Commission in 2001 had recommended a repeal of Section 377, a move backed by the Union ministry of family and child welfare in 2006. The law, however, remains.Gay activist and founder of NGO Humsafar Ashok Row Kavi explains that the PIL does not seek a repeal of Section 377. “The court has been urged to read down Section 377, so as to decriminalise homosexuality,” said Kavi, adding that more than legal repercussions, it is the social consequences that makes the law draconian.
May 23
Published by stefano
www.divercity.na.it

Mediclaim can't be denied for pre-existing diseases: SC

New Delhi: The Supreme Court has ruled that public sector insurance companies cannot refuse to provide medical cover policies to those suffering from pre-existing diseases and said such an action was arbitrary, illegal and unconstitutional.
A bench of Justices S B Sinha and V S Sirpurkar also asked the Insurance Regulatory Development Authority (IRDA) to frame suitable guidelines to ensure that insurance companies, both from public sector and private sector, do not indulge in the unethical practice of denying medical insurance facility to the public.
The apex court said public sector insurance companies in particular cannot indulge in such unhealthy practice as they are "State" within the meaning of Article 12 of the Constitution and were expected to be fair and reasonable in their dealings with the public.
"Only because the insured had started suffering from a disease, the same would not mean that the said disease shall be excluded. If the insured had made some claim in each year, the insurance company should not refuse to renew insurance policies only for that reason.," the bench said in its judgement.
The apex court passed the observation while dismissing a batch of petitions filed by public sector insurance companies against the Delhi and Gujarat High Court directions that they had no right to deny medical insurance facility to those suffering from pre-existing diseases or diseases contracted during the subsistence of a policy.
Friday, 23 May , 2008, 18:55Last Updated: Friday, 23 May , 2008, 19:39
http://sify.com/news

HC pulls up K’taka for lack of connectivity to new airport

The Karnataka High Court has pulled up the government for not providing connectivity to the new Bangalore airport, reports CNBC-TV18. The Court has asked the Centre to continue talks to keep the old Bangalore airport open for smaller aircrafts.
It was the vacation bench that took up this hearing primarily because the new airport was slated to open today. They heard the case over two days. It was a marathon session and they took more than 10 hours to hear both sides of the argument. But at the end, they said they are not going to pass any interim order that would stay the opening of BIAL primarily because of two issues: there wasn’t conclusive enough evidence about the efforts of the state government in providing connectivity. This was the main contention of the petitioners that there was some connectivity, But there was trouble and the Court admitted that.

The other issue was the fact that world over all airports had been notified that there would be a change of the airport code that is given to every single airport. The BLR code for Bangalore, which would move from the HAL Airport to the BIAL would happen at midnight today. So, because other airports had already been intimated they didn’t want to cause confusion by making a change at the last hour. But the Court has taken the issue very seriously. It has chastised the state and the union government, particularly the state government, because it has not taken enough efforts to put in the required connectivity for the new airport.

One of the things that they have said is that the union government should seriously renegotiate the terms of the contract. If according to the renegotiation they do want HAL to remain open, they must open HAL once again and that must be done immediately after the discussions takes place.

The Ministry of Civil Aviation lawyers have said that the renegotiations will take about 12 weeks’ time. So, until then we do have some time for the legal tussle to settle down a bit.

For all practical purposes, for anyone who is flying into or out of Bangalore, the old airport is shut. But Airports Authority of India is also working on a study to determine what the kind of traffic flow will be at the new airport, because there was a contention that the traffic flow into Bangalore will far exceed what the new airport is built for.

That study is expected to come out in four weeks’ time. Once that is done, renegotiations will start. But until then, for the 12 weeks that the Ministry of Civil Aviation has sought, HAL will definitely remain shut.
2008-05-23 20:34:24
Source : News Bulletins/CNBC-TV18
By Roshni Menon/CNBC-TV18
www.moneycontrol.com

HC orders interim stay on additional FSI utilisation

Mumbai, May 23 The court said builders should not create a third party interest with regard to the additional FSI
The Bombay High Court on Friday thwarted the State government’s move to grant an additional 0.33 Floor Space Index (FSI) in Mumbai and passed an interim order preventing BMC from issuing commencement certificate for the utilization of the additional FSI.
The two-member vacation bench of the High Court stated that builders should not create a third party interest with regard to the additional FSI. The High Court said that any further purchase of the 0.33 FSI by builders as also the past transactions would be subject to the final ruling of the court. The case is slated for hearing on June 3. The interim order came while hearing a petition challenging the decision to increase the base FSI in suburbs from 1 to 1.33 on charging a premium based on ready reckoner rates.
However the maximum cap of FSI was to remain constant at 2. Usually developers are allowed to use an FSI of 1 and load another 1 FSI by buying Transfer of Development Rights (TDR) from the market. Following the government’s proposal, developers benefited as their dependence on TDR was reduced by 33 per cent and the TDR rates plummeted.
“Even though the State may contend that there is no increase in the FSI cap, the fact is that there is an increase in the net FSI. As against this, TDR is generated on one plot and used on another with no increase in the net FSI,” said YP Singh, the lawyer for the petitioner.
Over the last two months, since the new rule came into place, a premium of Rs 300 crore has been generated from the sale of the additional FSI, which will be shared equally between the State government and the BMC. The BMC has received 180 proposals for use of the additional FSI, of which 84 have been approved till date.
According to Ashok Shintre, chief engineer of the BMC’s Development Plan, the remaining 96 proposals that have been received so far will also be passed. “As per the court’s ruling, whatever proposals have been submitted till March 22 can be processed. All future proposals for 0.33 FSI will receive the sanction for their plan as well as an Intimation of Disapproval but no commencement certificate will be given,” he said.
Express News Service
Posted online: Saturday , May 24, 2008 at 12:16:12Updated: Saturday , May 24, 2008 at 12:16:12
www.expressindia.com

HC prod to Bihar over Prakash land

Patna, May 23: Patna High Court has asked the government to explain the “basis” on which it allotted plots to filmmaker Prakash Jha to set up business establishments in the state.
A division bench of Chief Justice R.M. Lodha and Justice C.K. Prasad today asked the Bihar Industrial Area Land Development Authority to file an affidavit detailing the basis and provision that were applied for the allotment.
The court issued the order while hearing a PIL petition filed by Congress leader Premchand Mishra.
The Supreme Court had set aside a December order issued by the Patna High Court cancelling Jha’s land allotment in the state.
The apex court had asked the high court to “adjudicate” the matter afresh and reach a decision on the legality of the allotment within four months. Thus, Patna High Court is in the process of re-adjudicating its scrapped order.
The PIL had alleged that the government had allotted prime land to Jha in Patna, Hajipur, Muzaffarpur, Sitamarchi and other towns at a “throw away price”. The PIL claimed that the authority allotted land to Jha at a rate that was seven per cent lower than the market price.
Jha has been allotted 12 acres altogether.
However, government officials tried to clear the air stating that the development authority had allotted the land to facilitate multiplexes, standard hospitals and shopping malls to ensure quality life in cities and towns and employment to local youths.
Many described the high court’s December 19, 2006, order cancelling the allotment a “retrograde” step impeding the advancement and modernisation of the cities and towns. The high court, however, has allowed Jha to re-apply for the plots if he wishes to pursue his business plans, while clarifying that his land allotment was not done maintaining protocol.
The Congress leader’s PIL had also alleged that the BIADA had allotted land to Jha without inviting any tender. Mishra has also claimed that the authorities easily allotted lands to the filmmaker because Jha is “close” to chief minister Nitish Kumar.
With the Patna High Court today’s order, fresh hope has emerged for the enterprising filmmaker to apply for a fresh court order and begin his business ventures.
Officials, too, have admitted that there might have been technical errors in executing the process of the allotment of land that would be rectified in their court affidavit. “But there is no political or personal considerations involved in the allotment,” explained a senior official.
NALIN VERMA
Saturday , May 24 , 2008
www.telegraphindia.com

HC nod to civil mains exams

Cuttack, May 23: Decks were cleared today for the Orissa Public Service Commission (OPSC) to conduct the Orissa Civil Service (Mains) Examination-2006 according to the schedule with the high court giving it the go-ahead signal.
Though the examination was scheduled to start from May 27 and continue till June 24, it had hit a roadblock with the State Administrative Tribunal (SAT) directing the commission to recast the preliminary results and conduct the tests after three months.
OPSC had later challenged the tribunal’s order in the high court. Acting on it, the Vacation Bench of Justice M.M. Das today issued an interim stay order on the SAT direction while giving the green signal for the main examinations.
“The result publication, however, would be subject to the outcome of the case,” Das added, while posting the next hearing to June 17.
The preliminary tests were conducted on May 11, 2007, and nearly 35,000 candidates took the test. The OPSC had declared 3,485 candidates “eligible” for the mains for the 381 posts advertised by the government.
Saturday , May 24 , 2008
OUR CORRESPONDENT
www.telegraphindia.com

Electoral officers burdened after HC order to EC

Chandigarh, May 23 The Punjab and Haryana High Court order, directing the State Election Commission to decide on various gram panchayat-related representations by May 24 has left district election officers-cum-DCs with loads of work to finish in just a day. In wake of the directions, the state EC has directed all the district electoral officers to conduct summary enquiries and decide upon the issues raised in the representations and civil writ petitions on gram panchayat elections.
A spokesperson said the question raised in the writ petition was whether the nomination papers of the petitioners had been validly entertained or rejected or otherwise. He said the directions by the HC for deciding the matter by May 24 would be very difficult to implement if all the relevant records were summoned by the State Election Commission, as these officers are currently engaged in the conduct of gram panchayat elections scheduled for May 26. Therefore, summoning them to the State Election Commission with the relevant records and ensuring their presence at state headquarters would adversely impact the conduct of panchayat elections.
He said it would be feasible for the district electoral officers to summon the relevant record from the returning officers in the field and conduct a summary inquiry and decide upon the issues raised in the representations and civil writ petitions by petitioners. He said in case the district electoral officer or the officer nominated by him concludes that the purity and sanctity of the election process has been vitiated or violated, he would have the authority to countermand the poll. The State EC would accord ex-part-facto approval.
Express News Service
Posted online: Saturday , May 24, 2008 at 02:20:23Updated: Saturday , May 24, 2008 at 02:20:23

Punjab EC directs DC's to decide writ petitions on Panchayat elections

CHANDIGARH; The State Election Commission, Punjab has directed all the District Electoral Officers-cum-Deputy Commissioners in the State to conduct summary enquiries and decide upon the issues raised in the representations / civil writ petitions by the petitioners related to various Gram Panchayat elections.

Disclosing this a spokesman of the State Election Commission said Friday that the Hon'ble Punjab and Haryana High Court in CWP No.8448 of 2008 and other connected Civil Writ Petitions has directed that the petitioner(s) to approach the State Election Commission, Punjab who would decide the matter by 24th May, 2008. The question raised in the writ petition was whether the nomination papers of the petitioners have been validly entertained or rejected or otherwise and other issues related to Gram Panchayat elections.
He added that the decisions taken by the Returning Officer under section 41 of the Punjab State Election Commission Act, 1994 at the time of filing or scrutiny of nomination papers have been disputed. It is relevant that the record is also available with the field officers spread all over Punjab . There are number of writ petitions of a similar nature in respect of places all over the State.
The directions by the High Court for deciding the matter by 24th May, 2008 would be very difficult to implement, if all the relevant records were summoned by the State Election Commission because these officers are currently engaged in the conduct of Gram Panchayat elections scheduled to be held on 26th May, 2008 and therefore, summoning them to the State Election Commission with the relevant record and ensuring their presence at State headquarters would definitely adversely impact the conduct of panchayat elections.
Adding further he said that as the Deputy Commissioners and the Additional Deputy Commissioners (Development) are concurrently District Electoral Officers and the Additional District Electoral Officers respectively It would be appropriate and feasible for the District Electoral Officers to summon the relevant record from the Returning Officers and conduct a summary enquiry and decide upon the issues raised in the representations/ civil writ petitions by the petitioners. He said that it would be open for the District Electoral Officers to obtain report from the Additional District Electoral Officer or Additional Deputy Commissioner (General), or Sub Divisional Magistrate-cum-Sub Divisional Electoral Officer or Tehsildar-cum-Additional Sub Divisional Electoral Officers. After perusal of the record the District Electoral Officer would decide the matter.
He added that since the District Electoral Officers would be very busy with the conduct of Gram Panchayat elections scheduled for 26.05.2008 and the number of writ petitions of this nature may be large in a district, therefore, it would be permissible for them to direct the Additional Deputy Commissioner (Dev.) or the Additional Deputy Commissioner (Gen.) to enquire into the matter as mentioned above and decide on the lines indicated above.
He said that the Commission exercising the powers vested under section 3 of the Punjab State Election Commission Act, 1994 and Article 243k and 243N of Constitution of India, has directed that in case the District Electoral Officer or the Officer so nominated by him concludes that the purity and sanctity of the election process has been vitiated or violated, he would have the authority to countermand the poll. The State Election Commission would accord ex-part-facto approval since the paucity of time and the imperative of implementation of the decision of the High Court, did not permit that all such cases to be decided by the Commission directly. This order issues in exercise of the powers vested with the State Election Commission under section 3 of the Punjab State Election Commission Act, 1994 and Article 243k and 243N of Constitution of India.
Punjab Newsline Network
Friday, 23 May 2008

Friday, May 23, 2008

The Nuisance created by Dr. Subramanian Swamy

Can anyone tell what good Dr. Subramanian Swamy has done to the Society. He wants to be in the lime light some how. So he files one petition after another in the Courts and tries to blackmail the political leaders. Just because the major political parties have sidelined him, he wants to blackmail them. This is the third time he is in Ms. J. Jayalalithaa’ s Camp. She is fully aware of his machinations. Only once she obliged him by giving a parliamentary seat. He is hoping that he will be allotted a seat in the coming Lok Sabha elections by the AIADMK Supremo. This she will not do. She is very well aware that he will be a nuisance . She only wants to utilize him against Mr. Karunanidhi. Once Dr. Subramanian Swamy comes to know that he is not getting the Lok Sabha ticket, then he is going to train his guns against Ms. J. Jayalaithaa. Can he swear, that he is supporting Ms. J.Jayalalithaa unconditionally and that he doesn’t want to be a Member of the Parliament. Even if he gets a seat and becomes an MP, he will not keep quiet. He will clamour for a ministerial berth.
In the Times of India’s Chennai edition of 21/05/2008, it has been reported that Mr. Thol Thirumavalavan of the Viduthalai Chiruthaigal has requested the Government to arrest Dr. Subramanian Swamy for having possessed the tape recordings of the conversation between the sacked minister Ms. Poongothai Aladi Aruna and the Vigilance Chief. Mr. Thol Thirumavalavan is right. The police officials who are investigating the matter must take Dr. Subramanian Swamy into custody and enquire as to how he has come into possession of the tape and if he has instigated the Vigilance chief to record and to pass over the same to him. Dr. Subramanian Swamy has been threatening that he is in possession of some more recordings. As such, this is not a minor matter. The Government must act on it and at the same time, it should also instruct its Ministers not to involve in any sort of favouritisms. Earlier, it was reported in the media, that as if the Government is involved in ‘phone tapping’. Once the Tamilnadu Police found out that the Vigilance Chief himself had recorded and that the recorded messages had gone from the Vigilance Chief’s Computer, Dr. Subramanian Swamy is saying that he is in possession of some more recordings. Again this is nothing but blackmailing. Further, it is not understood that how such a senior officer and that too the Vigilance Chief , himself had been a part of this controversy. The integrity of the concerned officer itself is now at stake, thanks to Dr. Subramanian Swamy. If he is really interested in the Society at large then why not he produce it directly in the Court and ask them to order enquiry as deemed fit. He only wants to bargain with the major Political parties.
In the meantime, Mr. Thol Thirumavalavan, himself can file a PIL in the court seeking it to direct the Government suitably in this matter. Further , it is not understood as to how Dr. Subramanian Swamy is getting funds for doing all this and for running his so-called party, which barely has any following. From where is he getting the money to fly between Delhi , Chennai and other cities. Will anyone file a PIL seeking to enquire into the sources of finance.
Published on May 21st, 2008
http://rverma1947.indiainteracts.com

Govt postpones BIAL launch to May 24

The Civil Aviation Ministry has delayed the launch of Bangalore International Airport, or BIAL, by 24 hours. It says BIAL will be launched on the midnight of Friday and does not give any reason for delay in the launch.
The Bangalore International Airport authorities received a notification about an hour-and-a-half ago saying that the Ministry of Civil Aviation has decided that it will commission the new airport 24 hours after schedule. That means, a minute past midnight on May 24 instead of May 23.
A PIL filed with the Karnataka High Court vacation bench against closing down of the old airport comes up for hearing tomorrow. The High Court had asked the Ministry and BIAL to furnish minutes of the meeting when they decided to close down the airport. We will know more about that tomorrow. This is probably one of the reasons for the delay.
Also, Bangalore’s biggest corporates were fairly unhappy with the decision to close down the old airport. There was a lot of pressure coming from that direction as well. BIAL authorities said it came as a complete surprise to them that there is nothing they can do about it except try and minimize the inconvenience to both passengers and airlines. They are left with a mammoth task right now of informing all of the airlines and passengers that they are not landing at the new airport tomorrow, and that they are going to be landing at the old airport for another 24 hours.
2008-05-21 21:00:02 Source : News Bulletins/CNBC-TV18

By Faye D’Souza/CNBC-TV18
www.moneycontrol.com

A better PIL

There is something amiss about the present debate on the need to frame guidelines for public interest litigation (pils). It ignores the rationale that the Supreme Court of India put forth for such lawsuits in 1982. Delivering its verdict in the S C Gupta vs the Union of India case, popularly known as the Judges Transfer Case, the court observed that the public needed judicial safeguards against infringement of their rights at a time the state was expanding its reach through development activities.
pils fitted this bill. The apex court also noted that public interest law suits were necessary to keep the state on its toes, especially in performing its duties towards citizens.The Supreme Court bench then went on to elaborate the distinction between pils and traditional lawsuits. It said: “if breach of such public duty were allowed to go unredressed because there is no one who has received a specific legal injury... the failure to perform such public duty would go unchecked and it would promote disrespect to the rule of law. It would also open the door for corruption and inefficiency because there would be no check on exercise of public power except what may be provided by the political machinery, which at best would be able to exercise only a limited control and at worst, might become a participant in misuse or abuse of power. It would also make new social collective rights...created for the benefit of the deprived sections...meaningless”. Individuals/institutions have done a great service by bringing before courts issues concerning rights of women, civil liberties, custodial deaths, environment and public health. Judgements of our supreme court, which have been recognized world over as landmarks, have emanated from these very public interest matters. It cannot even be imagined that the court will abdicate its constitutional duty of redressing public injury when globalization and liberalization have exposed public rights to newer and graver threats. Aspects of pils have been discussed in umpteen judgements and the parameters of such lawsuits have been laid down. Their limitations have also been indicated. There is, however, an urgent need to document the jurisprudential achievements of decisions rendered in public interest matters as well as the benefits which have percolated to society. pils have, for example, strengthened the election process, they have led to mandatory disclosure of assets of candidates and verification of their criminal background. A significant fact which is overlooked in the current debate is that, in 1982, immediately after the Judges Transfer Case, as many as 10 questions were referred (in the Sudip Mazumdar vs Union of India Case) for considering the parameters and scope of public interest litigation. The Constitution Bench of the supreme court had answered these questions by an order dated August, 8, 2002. It had said that the questions formulated in 1982 do not require consideration “as in the meantime, the Courts have evolved their own guidelines and principles for entertaining public interest litigation”. This should have put all controversies to rest. Any new effort to lay down guidelines will turn pil into a mechanical process. It could fall into the trap of traditional litigation from which the judiciary had extricated itself more than two decades back. Cases which benefit society, poor and deprived can easily be identified. The bad, motivated and vexatious ones should be strongly discouraged. That’s not a difficult matter for a trained judicial mind. The apex court dismisses over 50 per cent of the cases arising out of private injury. But it still examines each case. Guidelines can result in arbitrariness and injustice. This holds true for public interest litigation as well. Those who criticize the judiciary for being over-active forget the enormity of executive and political arbitrariness. Privatization processes have almost put paid to the state’s welfare activities. The court will have to be consistent and effective in implementing and monitoring its directions. But that is procedural matter. An aspiration to do justice in all situations should be the guide. That is the essence of rule of law. Sanjay Parikh is an advocate with the Supreme Court
May 23, 2008
www.downtoearth.org.in

Court summon to Sonia

Patna, May 22: A Muzaffarpur fast track court today issued summons to Congress president Sonia Gandhi and two other Uttar Pradesh Congress leaders in a case of “offending religious sentiments” by portraying Sonia as Durga at a poster displayed at Muradabad Congress office last June.
While hearing a PIL, fast track court-I judge Vijay Kumar Mandal issued summons to Sonia, Uttar Pradesh Congress unit president Rita Bahuguna and Muradabad Congress chief Ajay Soni to appear before the court on June 26, 2008.
Muzaffarpur-based advocate and social activist Sudhir Kumar Ojha, who filed the PIL, told The Telegraph: “We had prayed that since neither Sonia not Rita Bahuguna discouraged Soni for his portrayal of Sonia as Durga, the summons should be against all three.”
He added that Soni had put up the posters at the party office last June singing “unwarranted” paeans to Gandhi and thus had hurt popular religious sentiments of the people.
Ojha filed the PIL at the Muzaffarpur CJM court on June 21, 2007. The court heard the case and set up an inquiry by the first class judicial magistrate and dismissed the case on December 1, 2007, after the judicial magistrate submitted a report to the court.
Ojha challenged the PIL dismissal in Muzaffarpur additional and district judge court, which admitted the case afresh and asked fast track court judge Mandal to look into it. Special public prosecutor Motilal Shah today presented the government’s side before the court, whereas Ojha advocated his PIL.
Friday , May 23 , 2008
OUR CORRESPONDENT
www.telegraphindia.com

Thursday, May 22, 2008

No decision on Gutkha ban due to HC stay

The Maharashtra government's decision to ban sale of gutkha has run into a legal hurdle, with the Bombay High Court issuing a stay order today.The ban could not be imposed as High Court had given a stay order, Food and Drug Administration sources confirmed here."The government had taken a decision to ban gutkha and food products containing tobacco and nocotine from May 20," sources said.It was followed by a notification by the Centre on February 5.UNI
5/20/2008
www.indlawnews.com

HC rejects NRI's plea challenging Centre's detention order

New Delhi (PTI): The Delhi High Court has dismissed a petition filed by a suspected NRI smuggler challenging the Central government's detention order under COFEPOSA passed in 2002.
A division bench of justice Vikramjit Sen and justice Rajiv S Endlaw on Monday rejected the petition filed by Maqsood Yusuf Merchant, presently based in Dubai, on the ground that the detention order was yet to be executed upon him under the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA).
"The petition is not maintainable at this stage since it is not open to the petitioner to challenge the impugned order till such time that is executed on him," the bench said in its judgement.
A petition was filed by Merchant, wanted by Mumbai DRI, apprehending his detention by Indian authorities on the basis of the detention of one Mohd. Yusuf Abdul Razak Dhanani in 2002.
According to DRI, Dhanani was allegedly involved in smuggling activities. He was sending two consignments of chemicals from Mumbai to Merchant's UK residential address in 2001.
Merchant is at present running a firm named Super Chemical at Dubai Tower but he imports chemicals from India to England in his sister's name, DRI alleged.
Merchant contended that the Indian government could not pass detention order against him as he is a Dubai national.
Wednesday, May 21, 2008
www.hindu.com

Jayalalithaa moves HC to set aside lower court order

Chennai (PTI): AIADMK chief Jayalalithaa has moved the Madras High Court seeking to set aside a lower court order refusing to discharge her from a case under the wealth tax act for the assessment year 1993-94.
She also sought a stay of all further proceedings in the case pending before Additional Chief Metropolitan Magistrate, who on February 28 last, rejected her discharge petition.
Jayalalithaa contended that the rejection was erroneous and should be set aside.
The former chief minister, in her petition, said the trial court had not taken note of the fact that that mere non-filing of returns as claimed by the Income Tax department alone could not entail any prosecution.
It was necessary that criminal intent be established on the part of petitioner by the department, which it failed to do.
The trial court had erred in not taking note of specific submission that even in respect of various prosecutions launched against her by the Income Tax department, the Supreme Court had stayed further proceedings for fixing the quantum of income tax liability not having become final.
The trial court had also not properly applied the judgements, Jayalalithaa alleged.
Wednesday, May 21, 2008
www.hindu.com

Pearl murder case: Sindh HC puts off hearing of appeals

Karachi (PTI): A Pakistani court has put off indefinitely the hearing of three appeals, including one by the main accused, in the murder case of Wall Street journalist Daniel Pearl, who was killed by Islamic militants here following the 9/11 attacks in the US.
The main accused, Ahmed Omar Shaikh, had filed the appeal against his conviction while four co-accused, who were sentenced to life terms on charges of abetment, had also moved a separate plea.
The third appeal was filed by the State, seeking enhancement in the sentence awarded to co-accused Fahad Nasim, Salman Saquib and another.
The appellate bench of the Sindh High Court here discharged the entire remaining board due to a shortage of time.
According to the prosecution, the accused kidnapped Pearl and then beheaded him. The body of the deceased was later recovered from a deserted house in Gulshan-e-Maymar.
The appeals have been pending for more than five years whereas the Anti-Terrorism Act provides for a decision of appeal by a High Court in seven days.
Wednesday, May 21, 2008
www.hindu.com

HC to pass orders on Jayalalithaa's petition on May 27

Chennai (PTI): The Madras High Court will pass orders on May 27 on a petition from AIADMK General Secretary Jayalalithaa seeking to stay all further proceedings against her in the 1993-94 wealth tax case, pending before the Additional Chief Metropolitan Magistrate (ACMM) Egmore.
Justice M Venugopal, before whom the petition came up, also reserved orders for May 27 on the admissibility of a criminal revision petition filed by the former Chief Minister seeking to set aside an order dated February 25, 2008 of ACMM dismissing her petition to discharge her from the case.
Jayalalithaa, in her petition, said the trial court had not taken note of the fact that mere non-filing of returns as claimed by the Income Tax department alone could not entail any prosecution. It was necessary that criminal intent be established on the part of petitioner by the department, which it failed to do, she submitted.
She alleged that the trial court had not properly applied the judgements.
Wednesday, May 21, 2008
www.hindu.com

High Court barred admissions under Muslim quota

HYDERABAD : The Andhra Pradesh High Court has directed the state government that the authorities should not give letters offering admissions to BC ‘E’ category (Muslims) candidates who are seeking admission to postgraduate medical courses.
This directive was issued by the court responding to a writ petition filed by Sraman and others, who complained that the NTR Health University had issued a notification for counselling to fill seats in various PG medical courses. They said the university was seeking to issue admission letters to students of the Muslim community under BC ‘E’ category.
K. Ramakrishna Reddy, appearing for the petitioners, contended that the government was violating orders of the Supreme Court and the High Court in cases filed to challenge the four per cent reservations for Muslims.
Updated: 05-22-2008
http://andhracafe.com
By
andhracafe -->

HC issues directives

PANAJI - In the petition filed by Michael Anthony Mannion challenging the Look Out Circular (LOC) dated 11th March, 2008Â issued by the State Government, the High Court has given respondents time for a period of three weeks to take appropriate decision. The matter has been fixed for hearing on 16th June, 2008.
The Central Bureau of Investigation informed the court that although the state government has issued necessary notification giving consent to take over the Scarlett’s case under Section 6 of the Delhi Special Police Establishment Act, l946, the central government is yet to issue notification under Section 5 of the said Act.Â
The concerned authorities will have to apply their mind and take appropriate decision for which three weeks time has been given by the court.
Only thereafter the investigation agency will be in a position to disclose whether the present petitioner will be required or not for further investigation in the matter.
Petition was filed by Mannion to quash the LOC as the same had served its purpose and that the indefinite continuity would affect the vested legal rights of the petitioner enshrined under Art. 21 of the Constitution.
According to the petitioner he has deposed as a witness both in front of the police and the Judicial Magistrate First Class, Mapusa under Section 164 of CrPc and therefore LOC should be lifted.
The petitioner had also stated that his father is terminally ill with various ailments and therefore needs to return back home to take care of his ailing father.
Thursday, May 22, 2008
NT NETWORK
www.navhindtimes.com

HC reserves orders on Jaya's petition in wealth tax case

The Madras High Court today reserved orders on a plea filed by AIADMK General Secretary J Jayalalithaa seeking to set aside a lower court order dismissing her discharge petition in a Wealth Tax Case.After hearing the arguments of Mr Gurukrishna Kumar, counsel for Ms Jayalalithaa and Mr Ramaswamy, appearing for the Income Tax Department, Justice M Venugopal posted the case to May 27 for orders.In her appeal, Ms Jayalalithaa submitted the Assistant Commissioner of Wealth Tax, Central Circle-II, Chennai, had lodged a complaint against her under Section 35 B of the Wealth Tax Act for the Assessment Year 1993-94. A case was filed before the Additional Chief Metropolitan Magistrate (Economic Offence Wing I), Egmore, in 1997. Ms Jayalalithaa said she filed a petition to discharge her from the case but the lower court, by an order dated February 25, 2008, dismissed her plea. She also contended that Section 35 B would be attracted only if a person wilfully failed to furnish the returns under Section 14 or 17(1) of the Wealth Tax Act.UNI
5/21/2008
www.indlawnews.com

Delhi High Court stalls (again)

On May 19, final arguments for the repeal of Section 377 began. The court began with Anand Grover starting off the arguments on behalf the Naz Foundation. The next hearing, set for today, has been postponed for a day because Justice Sikri had called in sick (how lame!).Unfortunately, avoiding the issue of Section 377 is nothing out of the ordinary for this court. According to pass the roti on the left hand side, the Delhi High Court has been dragging this case for as long as they could:
"The petition was first filed in 2001 by Naz Foundation (India) Trust, an NGO working on HIV/AIDS, but it was rejected in 2004 by the Delhi High Court, on grounds that the petitioner has no locus standi. Naz appealed to the Supreme Court which remanded the case back to the Delhi High Court, saying that it was an important matter that had to be heard expeditiously. This is the case that has started final arguments today."
5.21.2008
http://queeristan.blogspot.com

Judicial Accountability

PATNA: The Patna High Court on Tuesday rejected the bail petition of Siwan MP Mohd Shahabuddin in connection with an Arms Act case. Arms and ammunitions had been recovered from his house at Pratappur village in Siwan duirng a police raid in 2005. A single bench presided over by Justice V N Sinha issued a directive to the trial court in Siwan to conclude the trial in two months time by hearing the matter on day-to-day basis. The high court rejected the bail petition of Shahabuddin in this case for the third time. The charges against Shahabuddin in this case registered by Hussainganj police are that a German laser pistol (night vision pistol) and around a hundred cartridges of different make were recovered from under the bed of Shahabuddin during the raid. He was charged with being in illegal possession of the aforementioned arms and ammunitions. Earlier, the high court had directed the state government to explain why the trial of this case did not make any progress after the trial court had amended the charges against Shahabuddin on March 18 early this year. The additional public prosecutor of the state government, Shyameshwar Dayal, filed an affidavit explaining that after the charges against Shahabuddin were amended, the prosecution court sought to move the high court against that order. Subsequently, the amended charges were explained to Shahabuddin. Counter-affidavit in Tantia case: The PATNA High Court on Tuesday allowed advocate general P K Shahi to file a counter-affidavit to the writ petition of Tantia Construction which has challenged the termination of its contract for widening roads in PATNA. A single bench presided over by Justice Mihir Kumar Jha allowed the plea of the advocate general while Tantia Construction sought withdrawal of the writ petition on the ground that its another writ petition filed under the provisions of Arbitration and Conciliation Act is pending in the Kolkata High Court. Shahi submitted before the court that the state government would file a counter-affidavit against Tantia's petition as it wanted to eliminate any possibility of Tantia's suppressing facts regarding the contract. Ex-Gaya Zila Parishad chief to be back: The PATNA High Court on Tuesday set aside the order of Magadh division commissioner K P Ramaiah, who had removed the chairman of the Gaya Zila Parishad, Shobha Kumari, from her post on the ground of irregularities. A single bench presided over by Justice Navin Sinha issued a directive for reinstating Shobha Kumari as the Gaya Zila Parishad chief. The court held valid the order of the principal secretary, Panchayati Raj, Pancham Lal, who had quashed the order of Ramaiah. The court passed the order on a writ petition of Shobha. HC directive on salary arrears: The PATNA High Court on Tuesday directed the state government to come up with a scheduled time-frame and action plan on June 30 by filing an affidavit for paying salary arrears accrued to Magadh University teachers as per UGC recommendations and other dues of teaching and non-teaching staff. A single bench presided over by Justice Navniti Prasad Singh also fixed May 23 as the date for hearing the matter related to non-payment of provident fund of teachers and non-teaching employees, including those who retired after filing writ petitions. The order was passed in the presence of the chief secretary, principal secretary, human resources development department and the vice-chancellor and registrar of Magadh University. The advocate general, P K Shahi informed the court that the state government has the obligation to pay the accumulated Rs 1500 crore arrears of salary of teachers and non-teaching employees of different universities of the state. But at present, it is difficult for the government to make the entire payment at one go and so it is prepared to first pay Rs 200 crore to the universities in this regard, he added.
21 May 2008, 0538 hrs IST , TNNTHE TIMES OF INDIA

CJI seeks to break norms for office space at home

NEW DELHI: Having acquired the Appu Ghar land to augment the Supreme Court premises, Chief Justice of India K G Balakrishnan is now trying to double the office space at his residence. This, even after New Delhi Municipal Council said rules of the elite Lutyens' Bungalow Zone do not permit such additional construction. The Times of India is in possession of the letter written by NDMC on April 10 expressing its inability to clear the building application which had been filed by Central Public Works Department on behalf of Justice Balakrishnan, the occupant of 5 Krishna Menon Marg. Unhappy with its decision, Justice Balakrishnan is learned to have summoned NDMC chairman Parimal Rai, to his residence on the evening of May 5, a Sunday. The secretary general of the Supreme Court registry, V K Jain, when contacted, pleaded ignorance about the May 5 meeting. "To the best of my knowledge, no such meeting took place," Jain said. Asked why the SC registry had made CPWD seek sanction for an impermissible addition to the existing building, Jain said, "We only expressed our need for more office space at the CJI's residence. It is for them to see if that is permissible." He added that he was yet to hear whether NDMC had granted sanction. It was only two years ago that the urban development ministry issued the relevant office memorandum (OM) to all the occupants of Type VIII bungalows in LBZ. Given that all the SC judges stay in Type VIII bungalows, it is surprising that secretary general of the Supreme Court registry, V K Jain claims to be unaware of the 2006 OM fixing the plinth area norms for them. The OM shows that there is no way NDMC could have sanctioned the submitted plan for augmenting the office space because the plinth area of Justice Balakrishnan's residence, 15,473 sq ft, is already far in excess of the maximum permissible limit, 9,175 sq ft. Since the existing office is 1,280 sq ft, the application to add an identical wing flew in the face of the OM's stipulation that the office space in the residence cannot exceed 1,000 sq ft.
CJI may get more space if PM agrees In the circumstances, CJI can hope to have more office space at home only if Prime Minister Manmohan Singh makes an exception in his case. For, NDMC's letter states that "relaxation from PMO is required for construction of additional area beyond permissible". The rationale apparently is, the PM alone can authorize a deviation from the plinth norms as the guidelines contained in the 2006 OM had been issued with his approval. In its letter dated April 10, NDMC told CPWD to resubmit its proposal with, among other things, the necessary clearance from the PM within 30 days. Justice Balakrishnan called the NDMC chief to his house five days before that deadline. It remains to be seen whether the CJI will still be able to cut through the elaborate safeguards meant to preserve the original character of LBZ, which has "a special historical significance" and "predominant green areas".

16 May 2008, 0147 hrs IST , Manoj Mitta , TNN
THE TIMES OF INDIA

Hands tied in terror fight: PM calls for new federal agency, CJI for tough laws

Bagdogra, New Delhi, May 17:Days after the Jaipur serial blasts and with his government under pressure for its dismal record in cracking terror cases, Prime Minister Manmohan Singh today reiterated the need for the creation of a federal crime agency, a proposal, he said, had not taken off because states were reluctant to “surrender (their) powers.”
The PM’s remarks came the same day that Chief Justice of India K G Balakrishnan said, at a function in New Delhi, that “stringent laws” were required to fight terrorism. He said the government had a “responsibility” to protect innocent citizens. According to a news agency report, Justice Balakrishnan said these laws were needed since earlier anti-terror legislation, including POTA and TADA, were withdrawn following alleged misuse of some of their provisions.
Earlier, the Prime Minister, on his way back from Bhutan, said in Bagdogra that parties should not politicise incidents of terrorism and the Congress and the BJP should “put their heads together” to see how the problem could be addressed.
Asked whether the Jaipur blasts were because of intelligence failure — the city had never been on a terror alert — the Prime Minister said that the “reality” is that terrorists “can surprise us.” He said that no one talked about the role of the intelligence establishment when attacks are prevented but questions are only raised when such incidents happen. Singh said that a federal agency was needed because terrorism and several white-collar crimes have inter-state aspects. He said that states were wary of such an agency since that would mean a loss of their powers. Making it clear that he was not blaming states, Singh said that the time had come for a close look at the issue.
Asked about the letter written to him by Gujarat Chief Minister Narendra Modi, seeking a conference with Chief Ministers to discuss terrorism, the Prime Minister said he had already convened several such meetings on internal security, the recent one being on Naxalism. The PM’s remarks come shortly before the Administrative Reforms Commission (ARC), headed by Veerappa Moily, is deliberating over a new set of proposals to tackle terrorism, including changes in the National Security Act aimed at increasing the Centre’s role in tackling terror. The goal is to give as much teeth to law-enforcing agencies as was given by POTA but avoid provisions relating to violation of human rights. The ARC is also studying “lacunae” in the Evidence Act and “harmonizing” the 19 existing laws on security, besides the Indian Penal Code.

Express News Service
Posted online: Sunday, May 18, 2008 at 0018 hrs
www.indianexpress.com

Amidst blame game, PM, CJI moot federal agency proposal

Blasts in Jaipur have once again raised questions on India's ability to curb terror. Jaipur came on the terror radar for the first time and the incident killed over 60 people and injured hundreds.This was the 20th strike by terrorists in the last two years, yet there isn't a single conviction in the case.Intelligence agencies blame poor investigations by the police. The state police, in turn, say that they are not alerted well in advance. But as the blame game continues, experts have rooted for a central agency to tackle terror on the lines of America's FBI.Today, Prime Minister Manmohan Singh said that though the Centre always backed the idea, the states are not too keen.''I think there is a case for a federal crime bureau. But states are reluctant to cooperate,'' he said.The Centre had earlier implemented tough laws to curb terror like the Prevention Of Terrorism Act (POTA) and Terrorist And Disruptive Activities (Prevention) Act (TADA). But they were later withdrawn after complaints of human rights abuse.But of late, terrorists have struck at will killing a lot of innocent people. And now, even the judiciary wants tougher laws.''We require some stringent laws. The government has the responsibility of protecting the lives of innocent citizens,'' says Chief Justice of India Justice K G Balakrishnan.The Opposition BJP has often accused the UPA government of going soft on terrorism.Speaking to NDTV, Rajasthan Chief Minister Vasundhara Raje said that the Centre's approach was biased.NDTV: Do you find some of the centre and the state are not in tune with each other? Vasundhara Raje: ''There must be some problem somewhere, if a law can be allowed to apply to one state, and not be allowed to apply to another state.'' NDTV: You are talking about anti-terrorist law, which is called RCOCA. Vasundhara Raje: ''Yes, I mean, it's the same law, that is allowed in Maharashtra and if you can allow it in Maharashtra, then why not in Rajasthan?Thus, there is an increasing demand for stringent anti-terror laws in the country. But it remains to be seen what action the Centre takes?
Subrat
Saturday, May 17, 2008 (New Delhi)
www.ndtv.com

Legal framework vital to tackle terrorism, says CJI

New Delhi: Chief Justice of India K.G. Balakrishnan on Saturday called for an appropriate legal framework in the criminal justice system to tackle the menace of terrorism. He favoured adoption of a counter terrorism strategy that was aimed at securing the confidence and support of the local people.
Speaking on ‘arbitration and international standards for contract law and legal aspects of terrorism,’ here, the CJI said, “several acts that have occurred in the past few years, particularly the attacks on the Parliament, Akshardham temple, Indian Institute of Science, serial bomb blasts in Mumbai and Malegaon, massacre of labourers in Upper Assam and most recently the multiple bombings in Jaipur.”
Mr. Justice Balakrishnan said: “The escalation of global terrorism has left populations across the world and decision-makers unprepared. Moreover non-consensus among the international community to provide a mutually acceptable definition of terrorism has prevented the emergence of a co-ordinated effective counter-terrorism strategy among nations. This has given terrorist organisations an advantage and placed countries in a vulnerable position.”
“Nation vulnerable”
He said: “All these acts demonstrate that the entire length and breadth of the nation is vulnerable. The proponents of terror, armed with modern technology and assisted by a multitude of sleeper cells, have spread their influence even to areas hitherto inaccessible.”
The CJI said, “Without a coordinated international counter-terrorism effort, responses to terrorist acts will continue to be slow and reactive. After the attacks on the World Trade Center, the United Nations Security Council (UNSC) adopted certain measures against terrorism without actually providing a proper definition of it. It has instead encouraged States to define terrorism in their municipal legislations, thus encouraging wide and divergent definitions.”
He said: “This, and subsequent measures, were useful, many countries have opined that any measure without a satisfactory and binding definition of terrorism would not be effective in countering this threat. Terrorism is no longer a local problem of specific countries but an issue involving a number of international aspects. Since terrorism is a global phenomenon, responses to terrorism must also be global.”
He said: “Prevention of Terrorism Act (POTA) became controversial and the fact that it was repealed on grounds of misuse by security agencies stands testimony for the urgent need to envisage and enforce an effective criminal justice system that is capable of dealing of dealing with various issues.”
J. Venkatesan
Sunday, May 18, 2008
www.hindu.com

SC allows banks, FIs to recover dues from Parekh

NEW DELHI: The Supreme Court has held that banks and financial institution can claim their dues from stock scam kingpin Ketan Parekh by selling his securities. Upholding the judegment of the Bombay High Court, a bench headed by A K Mathur said: "Whatever dues are due to the banks or financial institutions can be claimed under Section 11(2) of the Special Courts (Trial of Offences relating to Transcations in Securities) Act 1992 which specially empowers that the liabilities can be adjusted out of the securities of the person notified." While dismissing the appeal by the Bank of India, the court said that the view taken by the Bombay High Court appears to be justified and there was no ground to interfere with the same.
Allowing the Oriental Bank of Commerce to sell the seized stocks of Parekh, the Court said, "Therefore, in the present case, the bank can certainly make an application before the Special Court under Section 11(2)(b) of the Act of 1992 for discharge of their liabilities against the securities of the notified person (accused)." Afetr Parekh was held guilty for the scam and was declared a notified party on October 6, 2001, all his properties - movable and immovable - stood attached simultaneously. Parekh was convicted for swindling Rs 250 crore of the Global Trust Bank, which was later merged with the Oriental Bank of Commerce. The bank had filed a petition seeking recovery of its money by selling the shares held by Parekh and his company.
20 May, 2008, 2113 hrs IST, PTI
THE ECONOMIC TIMES

Tubectomy cash benefits only for SC/ST women

PUNE: A reservation of sorts has made its inroads in family planning too. Now, only women from the scheduled castes (SCs), scheduled tribes (STs) and those from the below-poverty-line (BPL) category would be eligible for the state government's cash incentives given for undergoing tubectomy. Earlier, all women going in for a tubectomy would get Rs 150 as incentive. Now, a recent notification from the state's Public Health Department says that only SC/ST women would get the incentive, which has been hiked to Rs 600. Dr Anjali Sabne, in-charge of the PMC's city family welfare bureau, said the government has revised the incentive structure for promoting vasectomy and tubectomy. However, no such reservation has been specified for the incentives given to men undergoing vasectomy. The revised norms specify that people undergoing vasectomy and tubectomy operations would be entitled for different amounts, Sabne said. Accordingly, a man going in for a vasectomy at a municipal corporation or state-run hospital would get Rs 1,100. If he gets it done at a private hospital, that hospital would get Rs 1,300 as incentive for extending all surgical and treatment facilities to the individual free of cost, Sabne said. Dr Avinash Bhondwe, president of the city chapter of the Indian Medical Association, said, "Instead of calling it caste-based incentives, I would call it a need-based incentives. As the per capita income of women from the SC/ST and BPL categories is meagre, they need real help than others."
21 May 2008, 0509 hrs IST , Umesh Isalkar , TNN

THE TIMES OF INDIA

SC says banks should honour commitments

The Supreme Court has held that banks should not dishonour commitments given to the investors or depositors. Otherwise, all commercial and business transactions would get bounced, the apex court warned.
Banks, particularly nationalised, should know that their conduct would adversely affect the people's faith in banking institutions, a bench of Justices Tarun Chatterjee and Dalveer Bhandari, while dismissing Bank of India's appeal against a Delhi High Court judgment that raised serious doubts over the bank's conduct in a bank guarantee encashment case.
"It is unfortunate that a nationalised bank is finding excuses for refusing to make the payment on totally untenable and frivolous grounds," the judges said.
Upholding the HC's observation about BoI, the bench said: "The entire trust, faith and confidence of people depends on the conduct and credibility of nationalised bank. In the present day world, the national and international commercial transactions largely depend on bank guarantees."
In the present appeal, a beneficiary of the bank guarantee had moved the Delhi HC seeking a direction to BoI to extend the bank guarantee till the disputes were finally adjudicated upon by arbitration between the parties.
However, BoI had refused to renew the bank guarantee and pay the amount guaranteed by it on the ground that the charges for renewal of the bank guarantees were not paid.
While imposing costs on BoI, the court said that the bank guarantee had been invoked during the validity period of the demand bank guarantee and BoI was bound to honour its commitment and pay the amount of guarantee.
HC passed strictures on BoI and observed: "It is surprising that a nationalised bank which has given an unconditional on-demand bank guarantee takes up such a contention…No ground to refuse payment was shown to the lower court or to us. It is surprising that the nationalised bank wants to use delays of law in order not to comply with its unconditional obligations under a bank guarantee."
HC also said that "the nationalised bank should know that it is such conduct which is adversely affecting the faith of the public in banking institutions and in transaction."
Under license from www.3dsyndication.com
Rakesh Bhatnagar / DNA MONEY Wednesday, 21 May , 2008, 09:29http://sify.com

Bihar Govt to constitute human rights body

Patna High Court today asked the NDA Government in Bihar to constitute the state human rights commission by June 30, 2008 and report it to the court.
A division bench comprising Chief Justice Rajendra Mal Lodha and Justice K K Mandal passed the order after hearing a PIL filed by a senior advocate Shruti Singh.
Singh, in her PIL, had raised the issue saying the cases of violation of human rights in Bihar in the recent past had increased and cited several incidents of custodial deaths in the state.
Despite the central government's directive, the state government was yet to set up the human rights commission, she had said.
Press Trust of India / Patna May 19, 2008, 17:43 IST
http://www.business-standard.com