Charitable institutions exempted from property tax
http://timesofindia.indiatimes.com/Chennai/Charitable_institutions_exempted_from_property_tax/articleshow/4023943.cms
24 Jan 2009, 0245 hrs IST, TNN
CHENNAI: A charitable institution, such as an hospital, need not pay property tax to the local body concerned, the Madras High Court has held. Justice K Chandru, allowing a writ petition of Aravind Eye Hospital at Kalapatti in Coimbatore on Friday, also directed the panchayat to refund the property tax collected from the trust running the hospital. The matter relates demand notices and reminders issued by the Kalapatty town panchayat to Govel Trust running Aravind Eye Hospital. After the failure of writ petitions, appeals and special leave petitions against property tax assessment notices of the local body, the trust had paid over Rs 50 lakh in three instalments as interim compliance. On Friday, Justice Chandru pointed out that the trust was entitled to tax exemption under Section 86(e) of the Tamil Nadu District Municipalities Act. Noting that the trust's hospitals in Madurai and Tirunelveli too were exempted from tax, the judge set aside the demand notice as well as the resolution of the local body in April 1999. As the hospital is not liable to pay property tax, the town panchayat must refund the amount collected from the trust, he added.
NLUs to have uniform syllabus, fee structure
http://timesofindia.indiatimes.com/Lucknow/NLUs_to_have_uniform_syllabus_fee_structure/articleshow/4024175.cms
24 Jan 2009, 0128 hrs IST, TNN
LUCKNOW: After Combined Law Admission Test (CLAT), the national law universities in the the country are gearing up to constitute a collegium and implement uniform syllabus, examinations, nomenclature of degrees and fees besides linking their libraries through satellite and starting virtual classrooms. New speciality course are also in the pipeline to face the global challenge. A crucial meeting in this regard has been convened on January 31 by Chief Justice of India (CJI) KG Balakrishana, who is also the visitor of most of the national law universities (NLUs). The agenda of the meeting, to be attended directors and vice-chancellor of the NLUs, includes forming of a collegium of NLUs' heads, financial viability of NLUs particularly after implementation of the Sixth Pay Commission, interlining of libraries, faculty exchange, teachers training, uniform academic calender, faculty salary structures at par with IITs and IIMs and university syllabus, nomenclature of degrees and fees. It was on the directions of the Supreme Court and personal interest taken by the CJI that made CLAT a reality. Now CJI, who takes lot of interest in legal education in the country, wants NLUs to form a consortium and take measures to improve standards of legal education in India and prepare for the global challenge as sooner or later foreign law schools would be landing in the country. Another important item introduced in the agenda on CJI's initiative is setting up of legal aid clinics in NLUs to provide free legal aid to the needy. The step would also provide students field exposure. "Its necessary to a have a collegium of NLUs like in IITs and IIMs so that we can enhance legal education in India. Finance would be a serious problem after implementation of the Sixth Pay Commission. "So far there has been no Central agency to coordinate between NLUs," Prof Jai Govinda, vice-chancellor, NLUIS, Bangalore, told TOI on phone. Prof Balraj Chauhan, vice-chancellor, RMLNLU, Lucknow, was of the view that the initiative taken by the CJI will shape the future role of NLUs. "We need to prepare ourselves collectively for the global competition ahead and future need and challenges," he said. The uniform nomenclature of degrees, curriculum, examinations and will help over 5,000 students in 12 NLUs in Bangalore, Hyderabad, Lucknow, Kolkata, Jodhpur, Gandhinagar, Bhopal, Raipur, Patiala, Kochi, Delhi and Patna. The main objective of the consortium is to provide benefits of legal education to lower rung law schools. All the NLUs will be lined through video-conferencing and virtual classrooms will be started enabling student of a NLU to attend lectures of another NLU, thus expertise of one will be able to all. It will also work to attract more foreign students and teachers to join NLUs. The consortium will also work to develop skills in research, publication and teach teachers about pedagogy. Students will get variety of choices for specialisation at undergraduate and postgraduate level as plans are also on the anvil to start new courses such a maritime laws, air and space law, atomic energy laws, security laws, laws of terrorism, international business laws, investment laws, displacement laws, laws on mineral and mines, international economic laws, comparative federalism, constitutional laws, global administrative law, environment law, energy laws etc.
SC stand on judges' assets harms RTI http://www.zeenews.com/Nation/2009-01-24/501411news.html
New Delhi, Jan 24: In the backdrop of a legal tussle over disclosure of assets by judges, the head of a Parliamentary panel has hinted that the apex court registry's move to challenge in High Court a CIC order on the issue may have a serious impact on the Right to Information Act. "The RTI Act is the second independence movement for the people in practising democracy. Hence, the Supreme Court registry may use its wisdom to save the RTI Act by not pressing the writ petition before the High Court," E M S Natchiappan, chairman of the Standing Committee on Personnel, Public Grievance and Law and Justice that deals with implementation of RTI told reporters today. "The RTI Act is like a small baby, we all have to preserve the baby," he said, favouring a rethink on pursuing the matter in the HC. The High Court had on January 19 stayed an order passed by the Central Information Commission asking the Supreme Court's information officer to give information to an RTI applicant on whether judges of the apex court have declared their assets to the CJI. On a petition filed by the information officer of Supreme Court challenging the January 6 order passed by CIC, Justice S Ravindra Bhat fixed February 12 as the next date of hearing of the matter. Noted jurist Fali S Nariman who was asked to assist the court as amicus curiae (friend of court) refused to take up the responsibility. In the petition, the Supreme Court said that information relating to declaration of assets by the apex court judges to the CJI was not a mandatory exercise under the law. Objecting to the CIC order, the petitioner said the order is excessive and without jurisdiction and the appeal made distinction between the apex court as an institution and the office of the CJI. "Neither is the office of CJI a public authority nor does the information relating to judges' assets come in the public domain," the Supreme Court said. The apex court supplied a copy of May 1997 resolution to the CIC and the registry said that there is nothing under the Constitution or any law which required the judges to declare their assets to CJI. Filing an application under RTI Act, Subhash Chandra Aggarwal sought an information as to whether the apex court judges comply with the 1997 resolution and declare their assets to CJI. In the application he also sought to know whether the judges of High Courts disclose their assets to their respective Chief Justices. Bureau Report
Is there a lacuna in Article 74?
http://lawandotherthings.blogspot.com/2009/01/with-prime-minister-dr.html
Saturday, January 24, 2009
With the Prime Minister, Dr.Manmohan Singh having been hospitalised, he will be virtually absent from office on health grounds for a month at least. My friend, Manoj Mitta has suggested in Today's Times of India (Unlike U.S., India has no 2-in command) that Article 74 of the Constitution has a lacuna in that it does not provide for a No.2 in the Council of Ministers to officiate as the PM in his absence. However, he adds after reproducing Article 74, as follows: "Therefore, the cabinet can carry on even when the Prime Minister is temporarily absent". A literal reading of Article 74 does not sustain Manoj's position. I am also inclined to disagree with him that the Prime Minister is only first among equals in his cabinet consisting of elected representatives. I outline my take as follows:1. There is no lacuna in Art.74: Having provided in Art.65 that the Vice-President can officiate as President in the absence of the President, did the Constitution-makers forget to include a similar provision in the case of the Prime Minister? In the U.S., the electors of the President know who is the Vice-Presidential candidate, who will take over as the President if there is a vacancy. Therefore, the U.S.Constitution provided for such a succession. In India, which follows Parliamentary democracy, voters do not know who the Prime Minister will be after the elections, let alone his successor, in case of a sudden absence of the PM. Therefore, our Constitution-makers wisely refrained from copying the American model. Instead they worded Article 74 to require that there ought to be a Council of Minister headed by the Prime Minister all the times. That is, the two ingredients of Article 74 are inseparable twins. The Constitution does not envisage an absentee Prime Minister. Like every one, Manoj agrees that the PM is absent, and will be absent for a month at least. Therefore, the right course would be for the PM to resign, and let his successor be sworn in as the next PM, in accordance with what his party decides. 2. Why does our Constitution not recognise an officiating PM?: The answer lies in Manoj's own story where he claims, apart from other things, the PM also access to the nuclear button. Can such a responsibility be entrusted to someone who is just officiating - whether legally or through a formal/informal mechanism, as Mr.Pranab Mukherjee does now? In 1948, the question of access to nuclear button might not have arisen, but the Constitution-makers did know that the office of the PM is endowed with serious and onerous responsibilities, and it requires a full-fledged leader who enjoys the confidence of the House. An officiating PM cannot enjoy the confidence of the House, even if the Constitution had sanctioned it. Therefore, they expected the ruling party or coalition to quickly move in, elect a new leader, and ask that leader to accept the office of the PM, in case there is a sudden vacancy. A vacuum in the office of the PM, even for a few hours, is a serious matter. Remember 1984 when the nation took a few hours to choose Indira Gandhi's successor? What we are likely to witness is vacuum for several days, which is ominous. Here, precedents may be cited - Vajpayee when he was hospitalised or even MGR when he went to the U.S. for treatment as the Chief Minister for nearly a month. Well, these were flawed precedents which did not correctly reflect the spirit of Article 74. 3. Is the Prime Minister first among the equals? A bare reading of the Constituent Assembly Debates on December 30, 1948, when it discussed draft article 61 (corresponding to the current article 74) suggests that the office of the Prime Minister was conceived as the supreme one, and an inevitable concomitant of Parliamentary democracy. One Member K.T.Shah wanted deletion of the words "with the Prime Minister at the head' from draft Article 61(1), but the amendment was rejected after a lengthy reply from Ambedkar. Ambedkar said:"Supposing you have no Prime Minister; what would really happen? What would happen is this, that every Minister will be subject to the control or influence of the President. It would be perfectly possible for the President who is no adidem with a particular Cabinet, to deal with each Minister separately singly, influence them and thereby cause disruption in the Cabinet. Such a thing is not impossible to imagine. Before collective responsibility was introduced in the British Parliament you remember how the English King used to disrupt the British Cabinet. He had what was called a Party of King's Friends both in the Cabinet as well as in Parliament. That sort of thing was put a stop to by collective responsibility. As I said, collective responsibility can be achieved only through the instrumentality of the Prime Minister. Therefore, the Prime Minister is really the keystone of the arch of the Cabinet and unless and until we create that office and endow that office with statutory authority to nominate and dismiss Ministers there can be no collective responsibility. "...I have not been able to understand why, for instance, Prof. K. T.Shah thinks that the Prime Minister ought to be eliminated.If I understood him correctly, he thought that he had no objection if by convention a Prime Minister was retained as part of the executive. Well, if that is so, if Prof. K. T.Shah has no objection for convention to create a Prime Minister, I should have thought there was hardly any objection to giving statutory recognition to the position of the Prime Minister. In England, too, as most students of constitutional law will remember, the Prime Minister was an office which was recognised only by convention. It is only in the latter stages when the Act to regulate the salaries of the Minister of Cabinet was enacted. I believe in 1939 or so, that statutory recognition was given to the position of the Prime Minister, Nonetheless, the Prime Minister existed. "I want to tell my friend Prof. K. T. Shah that his amendment would be absolutely fatal to the other principle which we want to enact, namely collective responsibility. All Members of the House are very keen that the Cabinet should work on the basis of collective responsibility and all agree that is a very sound principle. But I do not know how many Members of the House realise what exactly is the machinery by which collective responsibility is enforced.Obviously, there cannot be a statutory remedy. Supposing a Minister differed from other Members of the Cabinet and gave expression to his views which were opposed to the views of the Cabinet, it would be hardly possible for the law to come in and to prosecute him for having committed a breach of what might be called collective responsibility. Obviously,there cannot be a legal sanction for collective responsibility. The only sanction through which collective responsibility can be enforced is through the Prime Minister. In my judgment collective responsibility is enforced by the enforcement of two principles. One principle is that no person shall be nominated to the Cabinet except on the advice of the Prime Minister. "Secondly, no person shall be retained as a Member of the Cabinet if the Prime Minister says that he shall be dismissed. It is only when Members of the Cabinet both in the matter of their appointment as well as in the matter of their dismissal are placed under the Prime Minister, that it would be possible to realise our ideal of collective responsibility. I do not see any other means or any other way of giving effect to that principle. Supposing you have no Prime Minister; what would really happen? What would happen is this, that every Minister will be subject to the control or influence of the President. It would be perfectly possible for the President who is no adidem with a particular Cabinet, to deal with each Minister separately singly, influence them and thereby cause disruption in the Cabinet. Such a thing is not impossible to imagine. "Before collective responsibility was introduced in the British Parliament you remember how the English King used to disrupt the British Cabinet. He had what was called a Party of King's Friends both in the Cabinet as well as in Parliament. That sort of thing was put a stop to by collective responsibility. As I said, collective responsibility can be achieved only through the instrumentality of the Prime Minister. Therefore, the Prime Minister is really the keystone of the arch of the Cabinet and unless and until we create that office and endow that office with statutory authority to nominate and dismiss Ministers there can be no collective responsibility." Not all of Ambedkar's fears may be relevant now. But they help us to understand why the Constitution-makers considered the office of the Prime Minister and the President differently, and did not provide for an officiating Prime Minister.
Posted by V.Venkatesan at 7:39 PM
Ramadoss to appeal against HC's verdict
http://www.timesnow.tv/Newsdtls.aspx?NewsID=27562
1/25/2009 11:08:39 AM
Despite the Delhi High Court striking down the ban on depiction of smoking in films, Union Health Minister Anbumani Ramadoss remains firm in his beliefs and said that he will be taking up the issue to the Supreme Court.He said, ""We will be moving to the Supreme Court on this issue and we will be giving them a lot of evidence including scientific details.""I am confident because the Supreme Court has upheld the smoking ban in public places. There are studies showing that 52 per cent children or youngsters who start smoking it is directly attributed to the movies," he added.Two days ago, the Delhi High Court today (January 23) quashed the Centre's notification banning smoking scenes in films, saying it violated film-makers' fundamental right of freedom of speech and expression. (Read more)But the Union Health Minister, who has been crusading against the consumption of tobacco has said that his ministry will appeal against the Delhi High Court's verdict in the Supreme Court.
Kapil recalls career's highs, fumbles on the lows in HC
http://www.ptinews.com/pti/ptisite.nsf/0/D5B83DDC781AEAA66525754900238F2A?OpenDocument
New Delhi, Jan 25 (PTI) Former cricketer Kapil Dev distinctly remembers the 1983 World Cup victory under his leadership along with several other highs of his career, but the iconic player fumbles on questions about the poor show of the team when he was its coach.The captain of the Indian team appeared to be on the back foot recently in the Delhi High Court defending a series of bouncers from a lawyers who tried to question him on the dismal show of the team under his coaching."But we won the World Cup in the year 1983," was the former cricketer's response when the lawyer, during his questioning, reminded him about the poor show of the team in a number of cricket series in 2000 when he was the coach."No, I don't remember the scoreline of the test series against South Africa in 2000 (when he was coach of the team)... But we won the world cup in the year 1983," Dev said while BCCI counsel Amit Sibal informed him that the team lost the series 2-0.Kapil is being cross examined over the allegations levelled by him against the Board for taking punitive action against former players who joined the BCCI' rival in 20-20, Indian Cricket League.He had made the allegations in his affidavit filed in the court on the on-going legal battle between Subhash Chandra-promoted ICL and BCCI's IPL.The former Test captain also expressed ignorance about the overall performance of the Indian team during his tenure as coach."Must be, if it is in the record book," he replied when Sibal said during his tenure as a coach India lost 16 matches out of 25. PTI
Govt seeks review of HC order to demolish unauthorised construction
http://timesofindia.indiatimes.com/Chennai/Govt_seeks_review_of_HC_order_to_demolish_unauthorised_construction/articleshow/4028014.cms
25 Jan 2009, 0049 hrs IST, A Subramani, TNN
CHENNAI: Bowing to pressure from lobbies of builders and mall-owners, the state has sought a review of a Madras High Court order against the government's amnesty schemes for violators who put up buildings without adhering to the mandatory development control norms. The government filed the review petition last week, more than two years after a bench comprising the then Chief Justice A P Shah and Justice K Chandru quashed three regularisation schemes. The landmark judgment was delivered on August 23, 2006. Digging out excuses ranging from the predicament of middle class house owners and traders to "grave law and order problem," the government stopped short of pleading its inability to implement the order, which would require it to raze hundreds of unauthorised constructions. There would be confusion and grave law and order problem if the government were to pull down about three lakh structures built in violation of the norms, it argued. The review plea, filed jointly by the secretaries of law, housing and urban development and municipal administration, besides the Chennai city commissioner of police, also questioned the high court order stripping the Chennai Metropolitan Development Authority (CMDA) of its powers and appointing a monitoring committee. "The high court has exceeded its jurisdiction by constituting a monitoring committee...The monitoring committee has usurped the powers of the chief planner...The constitution of the committee is not justifiable and it interferes with the administrative authority vested with the CMDA," it said. The administrative power of the CMDA has been negated and the entire statute has been made a farce, it said. The bench did not differentiate between commercial and residential buildings, it complained, adding that the amendments extending the regularisation scheme should be upheld so that the buildings put up before February 28, 1999 could be regularised. If multi-storeyed commercial complexes are demolished, a large number of small traders eking out a livelihood would be affected, it said, adding that one particular complex alone housed 116 shops run by small-time traders. The August 2006 order specially barred civil courts from entertaining any plea from violators questioning demolition or showcause notices issued by the CMDA or Chennai Corporation. Assailing this clause, the review plea said it affected the fundamental rights of citizens and that it would increase pendency before the high court. Further, the order did not discuss the fate of regularisation fee already collected by the CMDA and those who made illegal constructions but did not apply for regularisation, the petition said. After listening to the submissions of additional advocate-general PS Raman, assisted by additional government pleader I Paranthamen last week, the first bench comprising Acting Chief Justice S J Mukhopadhaya and Justice V Dhanapalan stayed the direction barring civil courts from entertaining petitions from violators. It also issued notice to the Consumer Action Group, Traffic KR Ramasamy, CMDA, Chennai Corporation and the Tamil Nadu Electricity Board.
Record reasons for deferring evidence: HC to trial courts
http://timesofindia.indiatimes.com/Chandigarh/Record_reasons_for_deferring_evidence_HC_to_trial_courts/articleshow/4028363.cms
25 Jan 2009, 0249 hrs IST, Ramesh Kapila, TNN
CHANDIGARH: To check inordinate delays in conclusion of trials, the Punjab and Haryana high court has mandated the subordinate judiciary in Punjab, Haryana and the union territory of Chandigarh to henceforth explain reasons for deferring the recording of statements by witnesses in writing. Giving this order while hearing a plea seeking more time to wrap up a trial which was to conclude last December, justice S D Anand observed that some courts record examination-in-chief of witnesses on one date and adjourn it for cross-examination on another. "There have been instances where such a witness would turn hostile on getting back to the trial court for cross examination. Also, there might well be an eventuality where a trial court, for a valid cause, required to adjourn cases after recording testimony of a witness. In that eventuality, an interim order/evidence sheet must compulsively note down the reasons for deferment," the order, passed on Friday, stated. According to justice Anand, while disposing of a bail plea of an undertrial, Ranjit Singh, lodged in Ludhiana jail in connection with an FIR registered on June 27, 2006, at police station Raikot (Ludhiana) under various sections of IPC and arms Act, the court had directed the lower court to conclude trial by December 31, 2008. While forwarding the trial court's request for one-year extension, the district and sessions judge, Ludhiana, had stated that delay was caused on account of non-production of the undertrial by the authorities at Tihar jail, Delhi, where the accused is presumably to be lodged in connection with some other trial against him in the national capital. Reacting to the ruling, a section of the city-based lawyers claimed "it would help make the trial court accountable". The time gap between the witnesse's examination and cross examination has often been seen as that of "tutoring", said advocate H C Arora. "It invariably aids cover-up on the part of the witness, who learns tactics of manipulation in the intervening period." Advocate Tanu Bedi, the defence counsel in a Panchkula murder case of a retired Army officer and his wife, claimed, "The process of recording witnesses evidence, among other things, should indeed be carried on a day-to-day basis. The new high court order would help expedite trial," he said. Expressing similar sentiments, advocate Divya Godara added that speedy justice would be good for both ^ the litigants and witnesseses ^ who invariably feel harassed after repeated visits to the court.
HC rules in favour of sick drugs firm
http://www.thestatesman.net/page.news.php?clid=6&theme=&usrsess=1&id=241307
Tirthankar Mitra KOLKATA, Jan. 24: Law is common sense. And in keeping with this adage, the Calcutta High Court cleared the way for M/s Duck Bill Drugs Pvt Ltd, an ailing pharmaceutical firm, to grab lifeline by setting aside the rejection order of financial assistance which this firm had made to the state government. Mr Justice Soumitra Pal of Calcutta High Court upheld the contention of the petition of the firm that there was no delay in furnishing the application for financial assistance which it had dropped in the “drop box” as the box had been kept for receiving the application. Moreover, there was no denial that it was dropped, it was to be presumed that that the application was dropped in time, it was further held. The pharmaceutical firm had challenged an order of the director, policy planing unit and ex-officio special secretary, state finance department whereby the application for financial assistance under West Bengal Industrial Promotion (Assistance to Industrial Units) Scheme, 1994, which was rejected on ground of delay. The court set aside the contention of the state that the application was rejected as the firm is supposed to file the application for financial assistance with the designated authority within four months from the end of the quarter in question, it could have also filed the application with the assessing authority. Even assuming the petitioner had dropped the application in the “drop box” on time, he could have also filed the application with the assessing authority, the counsel of the state government contended. Since it was not done, the order under challenge is just and proper, it was further submitted. The state authorities have instituted a procedure for receiving the applications by filing it on the “drop box” and the petitioner on oath has stated that it had been dropped in it. One cannot deny the fact of such deposit and thus the state is precluded from denying the fact of such filing, it was held. The statement that the application was dropped on time in the “drop box” has to be accepted, as it appears there was no procedure for granting receipt for filing such application. The contention of the state government counsel that the registered dealer could have filed the application before the appropriate assessing authority is at best an option, it was further held.
Guide book is not plagiarised: HC to publisher
http://timesofindia.indiatimes.com/Delhi/Guide_book_is_not_plagiarised_HC_to_publisher/articleshow/4027832.cms
25 Jan 2009, 0001 hrs IST, Abhinav Garg, TNN
NEW DELHI: Holding that the "pattern and use'' of guide books is different from the prescribed course books, the Delhi High Court has turned down a civil suit filed by a well-known publishing house against a guide book publisher, alleging plagiarism. Justice Rajiv Sahai Endlaw held that guide books can't be a substitute for course books "for a serious student'' and noted how even a guide book like that of the defendant is compiled with "sufficient labour.'' "It can't be said that the defendants, without any effort or input of skill merely copied the books of the plaintiff and marketed the same to the detriment of the latter,'' HC concluded while declining the plea of Cambridge University Syndicate Press to restrain MBD from selling Guides. The University Press invoked copyright laws to claim MBD merely copied from its course book and was causing losses. Interestingly, it was admitted there was a huge pricing difference between the two types of books. While the course book costs Rs 95, the guide comes at a much higher price of over Rs 600. HC took note of this fact to strike off University Press's claim that it was incurring losses. The court also took into account the different layout of both the books to hold that "the use of the two books are different.'' Justice Endlaw observed, "While the course book is meant for a student to educate himself and understand the nuances of English Grammar first by reading the text and then practicing the exercise, the guide only gives exercise with answers... the guide only wanted to provide to students one single book for cracking the English paper.'' HC further pointed out how the books of the plaintiffs had been prescribed by a university and since questions based on the book had to be answered in an examination they fall in public domain.
abhinav.garg@timesgroup.com
Fresh trouble for judiciary
http://sify.com/news/fullstory.php?id=14844359
By a Sify Correspondent Saturday, 24 January , 2009, 18:07
New Delhi: Faced with dissidence from a section of judges on the issue of declaration of their assets, the Chief Justice of India (CJI) KG Balakrishnan has now said that it is up to individual judges to decide whether they should go public with their declarations.
The CJI’s statement on Friday was aimed at diffusing trouble in the higher judiciary over the contentious issue, but recent moves by the Central Information Commission (CIC) and the Central Bureau of Investigation (CBI) indicate that another storm awaits the judicial fraternity.
While the CIC has questioned the controversial elevation of Justice Jagdish Bhalla as the Chief Justice of Himachal Pradesh, the CBI is gunning for a sitting judge of Punjab and Haryana High Court, Justice Nirmal Yadav, for her role in the cash-at-door scam.
Cabinet clears Bill for probe panel against judges
For the judiciary, which is already facing flak over the judges' reluctance to make public their assets, the turn of events is a cause for concern. As a measure to put some checks and balances on the system to rein in corruption, a full Bench of the Supreme Court is expected to meet shortly.
A suggestion has emerged that the judges of the high courts and the Supreme Court should submit the details of their assets to the President of India and she, being their appointing authority, be allowed to take a call on making these public.
The CIC's direction came in connection with a plea by RTI activist Subhash Chandra Agrawal wherein he sought documents, comprising correspondence between the Union Law Minister and other constitutional authorities, related to Chief Justice Bhalla's appointment.
The CIC, in its order passed on Friday, directed the Law Ministry to disclose all information and file notings on the appointment of Chief Justice of Himachal Pradesh Jagdish Bhalla, whose role in an alleged land deal became a controversial affair.
Controversial HC judge refuses to resign
Chief Justice Bhalla, who was earlier the acting Chief Justice of Chhattisgarh, was elevated to the Supreme Court from the Allahabad High Court amidst allegations that his wife got prime plots in Noida at throwaway prices in violation of norms. Despite the Supreme Court collegium clearing his name as the Chief Justice in 2006, his appointment came under the scanner after the then President APJ Abdul Kalam returned the file to the Law Ministry.
Trouble also brewed for Justice Nirmal Yadav, whose role in the cash-at-door scam is being probed by the CBI. The premier investigating agency is reported to have unearthed "sufficient" evidence for framing a case against her for allegedly accepting bribe from a Delhi-based hotelier.
A CBI spokesman said on Friday that the probe had been completed in the case relating to the delivery of Rs 15 lakh at the residence of Justice Nirmaljit Kaur, another sitting judge of the Punjab and Haryana High Court on August 13, 2008. It was later found out that the bag containing the cash was sent by Additional Public Prosecutor Sanjeev Bansal, who stated that the money was mistakenly delivered to Justice Kaur, though it was meant for Justice Yadav, since they both shared their first names.
Judge accused of misbehaving with woman
The CBI spokesperson confirmed that in its report submitted to the Government and Chief Justice of India, the agency has claimed incriminating evidence to establish links between Justice Yadav and the hotelier who claimed to have supplied the amount. The CBI began investigating the case following a request made by the Chandigarh administration after the Chandigarh police registered a case on August 16, 2008.
The CBI has sent the report to the Department of Personnel and Training for seeking the necessary sanction, which has to be accorded by President Pratibha Patil in consultation with the Chief Justice of India.
An in-house judicial committee formed by the Chief Justice of India, after allegations in this regard appeared in a section of the media, also found Justice Yadav guilty. The CJI has already sought a response from Justice Yadav in this regard, and she has reacted by stating that she was being victimised.
SC judges to interact with Ansari, Montek, Jaitley and others
http://timesofindia.indiatimes.com/India/SC_judges_to_interact_with_Ansari_Montek_Jaitley_and_others/articleshow/4023421.cms
24 Jan 2009, 0227 hrs IST, TNN
NEW DELHI: With economics, finances and politics playing a significant role in litigations, the Chief Justice of India and the Supreme Court judges are bracing for a two-day rigorous interactive session on major current issues with top dignitaries and professionals. Interestingly, this interactive session is called the "Retreat". Vice-President Hamid Ansari will be the first to interact with the judges at Vigyan Bhawan on Saturday and will probably share his perception of issues faced by judiciary as well people's expectation of it. If Ansari is expected to mirror the face of executive at the interactive session, Planning Commission deputy chairperson Montek Singh Ahluwalia would talk about the global financial meltdown and its effect on India. While perceptions of the Bar of the judiciary would be shared with the judges by senior advocate K Parasaran, who is also a highly respected constitutional expert, the political parties would express their views through BJP's Arun Jaitley and Congress leader Salman Khurshid, both of whom are senior advocates. The two-day-long retreat would also discuss the emerging challenges before the judiciary, a topic, which given the present context, should include the raging debate over making public the assets of judges of high courts and the Supreme Court. Law minister H R Bhardwaj, who is also scheduled to interact with the `My Lords' on Saturday, is likely to discuss the executive's perception about the process of appointment of judges to the higher judiciary.
Double murder: HC commutes death sentence to life term
http://www.indianexpress.com/news/double-murder-hc-commutes-death-sentence-to-life-term/414718/
Express News Service Posted: Jan 24, 2009 at 0111 hrs IST
Chandigarh: The Punjab and Haryana High Court today commuted the death sentence awarded to two accused for the murder of Major General (Retd) K C Dhingra and his wife Sangeeta to life imprisonment.
The third accused in the case has been acquitted.
A Division Bench pronounced the judgment, holding that the murder did not fall under the ‘rarest of rare’ category.
Anand Kindo, Dhingra’s driver who also worked as their domestic help, and his friend Rajan were awarded death on June 13, 2008. Kindo’s wife Sandhya was given four years’ imprisonment for conspiring and destroying evidence. The fourth accused, Ajit Topu, is still absconding.
The court acquitted Sandhya on Friday owing to lack of evidence. The couple was found murdered at their first-floor residence in Sector 25, Panchkula, on May 13, 2007.
The crime came to light when a UT constable went to the Dhingras’ house to enquire about a car with a Tamil Nadu registration number. The car belonged to Dhingra, which the accused had allegedly stolen after killing the couple. The car met with an accident in Chandigarh soon after the crime.
While Topu gave a slip to the officers, the police detained Kindo and Rajan on charges of rash driving. They were later released.
The police had recovered a few documents from the car bearing Dhingra’s name. The constable informed the Panchkula police after he discovered a foul smell coming out of Dhingra’s residence.
The bodies bore multiple injuries on the heads and the house was found ransacked. The three were later arrested from different places.
The defence counsel had submitted that the police foisted a false case citing robbery as the motive. He had argued that gold jewellery of the deceased was recovered from their house and thus, robbery could not be a ground for murder.
Punjab sets the ball rolling for Educational Tribunal
http://www.indianexpress.com/news/punjab-sets-the-ball-rolling-for-educational-tribunal/414891/0
Sameer Kumar Sharma Posted: Jan 25, 2009 at 2316 hrs IST
Ludhiana: The state Government became the first in the region to have set the ball rolling for an Educational Tribunal.
R L Anand, a retired judge of the Punjab and Haryana High Court, took charge as the chairman of the Tribunal on Friday.
Employees of aided and unaided educational institutes in the state, caught in various disputes with their managements including those of promotion or pay scales, will soon be able to approach the Tribunal.
The state government’s decision to set up an Educational Tribunal comes years after the Supreme Court ordered for its setting up in states across the country. The apex court passed the order on October 31, 2002, acting on a writ petition, TMA Pai Vs State of Karnataka.
Five years later, the Punjab government introduced the bill, which was incorporated into the gazette on February 25, 2008.
The Tribunal will have two members, one from the administrative background not below the rank of principal secretary of the state government and the other from academic background who must have held the office of a college principal for a minimum of one year before retirement. The names of these members have not been announced so far. Besides, the government is yet to induct staff to make the Tribunal functional.
As per notification by the state government, the Tribunal will have the same powers as vested in the appellate courts by the Civil Procedure Code (CPC). It will thus have the power to stay operations of any order appealed against on such terms as it may think appropriate and the orders passed by it will be final.
It is expected that once the Tribunal becomes functional, cases being heard by the High Court or at the departmental level may also be transferred to it.
Justice Anand, who was a member of the Punjab State Human Rights Commission for five years after retirement from the Punjab and Haryana High Court in 2003, said the tribunal will have jurisdiction to hear all cases of disputes between managing committees and employees as defined in the Punjab Affiliated Colleges Security of Services Act 1974, and in Punjab Privately Managed Recognised Schools Employees Security of Services Act, 1979.
In May 2008, while hearing a case between a principal and a Mohali-based school management, the Punjab and Haryana High Court had pressed on the state government to constitute an educational tribunal. The court had also issued notices to the Punjab government on July 15, 2008, in the case and directed it to expedite the process of setting up the tribunal.
The state government has amended the Punjab Affiliated Colleges Security of Service Act, 1974, to incorporate the Educational Tribunal. The amendments have been made in Section 7 and the Tribunal has been substituted in clause 7A of the Act.
Tribunal reserves verdict, Asif blames eye drop
http://www.ptinews.com/pti/ptisite.nsf/0/AD328D34F2F4C06365257548005CF137?OpenDocument
Karachi/Mumbai, Jan 24 (PTI) Indian Premier League's Drug Tribunal today completed hearing in Mumbai but reserved their verdict on dope-tainted Pakistani pacer Mohammad Asif who blamed an eye drop, containing Nandrolone, for failing a dope test during the IPL last year.In a statement, Asif claimed both the medical experts from his defence counsel and the prosecution agreed that he had taken "Keratyl", an eye drop containing Nandrolone, and this was the reason for testing positive during the IPL last year."Although the minimum sentence for using a banned substance is two years under WADA rules, but since Asif used by mistake an eye drop containing Nandrolone, the tribunal has decided to take a few days before giving its verdict on the case," the statement said.The three-member tribunal comprised former Indian cricket captain Sunil Gavaskar, ex-Vice Chancellor of Maharashtra University of Health Sciences Dr Ravi Bapat and leading legal expert Shirish Gupte, who heard testimony from a host of witnesses besides Asif's lawyer Shahid Karim's representation."No decision has been taken on him and the tribunal will meet again," Gupte, who chaired the meeting, said.The final verdict by the Tribunal would be announced shortly, a media release said.International Cricket Council representatives were also present in the hearing. PTI
Despite ban, kids playing with Chinese toys
http://timesofindia.indiatimes.com/India/Despite_ban_kids_playing_with_Chinese_toys/articleshow/4029666.cms
25 Jan 2009, 1222 hrs IST, IANS
NEW DELHI: India may have banned import of Chinese toys till June, but children will continue to be exposed to risks of liver damage or disruption of mental health due to alarming levels of toxic lead and cadmium found in toys that are still being sold, experts maintain.
“And with 130 million children in India under the age of six, it is time the government makes it mandatory for Indian manufacturers to adopt the toy safety standard that at present is voluntary and followed only in the organised sector,” they add.
"Dangerous levels of lead and cadmium were found in PVC (polyvinyl chloride) and soft toys sold in India," said Ravi Agarwal of non-government forum Toxics Link, which conducted a widely-published study on the safety of toys sold in the metros.
"We found that all toy samples examined contained varying concentration of lead and cadmium," Agarwal told IANS, adding the study was recently presented to the United Nations Environment Programme and the Indian government.
"We did not differentiate between Chinese and Indian toys in the study. But we can say that since the materials used by Indian manufacturers are similar - like paint that has lead and PVC that has cadmium - the toxicity will also be similar."
He said lead and cadmium are proven poisons, being neurotoxins and nephrotoxins. Neurotoxins are agents that can cause toxic effects on the nervous system while nephrotoxins can cause toxic effects on the kidney.
Even the tiniest amounts can have long-term and measurable effects on children, while at the same time displaying no distinctive symptoms. And in the case of lead, some amount is filtered out but the rest is distributed into the blood stream, liver, brain, kidneys and bones.
The Toxics Link study tested 111 toys. It found that 77 had toxic PVC materials; 88 samples that were further tested were found to contain lead and cadmium in varying concentrations.
The results of the study were so alarming that the matter had also figured in parliament last year, when Minister of State for Health Panabaka Lakshmi said in a written reply that the government was seized of the matter concerning toxic toys from China.
As per various estimates available from non-government organisations and industry bodies, the Indian toy market is worth $2.5 billion, of which $1.5 billion is the output of the unorganised sector, over which the government has little control.
While 30% of the market is accounted for by soft toys - which along with plastic toys pose the maximum health hazard - imports account for 40% of toy merchandise, the bulk of it from China.
"We sell more Chinese toys than Indian, mainly because they are cheaper and give value for money. The bulk of the toys we sell are made of plastic and then come soft toys," Pawan Lal, who owns Lal Cycle and Toys in central Delhi, told IANS.
Now the ban on just Chinese toys, even though Indian toys may also have similar levels of toxicity, has left parents here worried.
"For my daughter - she is just one - everything goes into the mouth. I am going to stack away all her toys and let her play with kitchen utensils. Sounds cruel, but what else can I do?" queried P Ganesan, a teacher in a play school.
"My colleagues and seniors at school are also concerned. Even though we only buy branded toys from known companies, we are not too sure. We may ban at least soft toys and those made of plastic at our school," she said.
Her concern is understandable since Mattel Toys had to recall a host of popular merchandise from India for posing health hazard, like Barbie accessories, Batman figures, Cookie Monster, Soccer Elmo, Ernie and Oscar the Groush.
Globally, Mattel had to make its third major recall announcement in little more than a month because of excessive amount of lead paint in Chinese-made toys and had said some 8,000 pieces would be affected by the announcement.
According to a senior commerce ministry official, the government will soon take a call on a similar ban on Indian toys in consultation with the consumer affairs ministry and the Bureau of Indian Standards.
"Since China is also a member of the World Trade Organisation (WTO), all imports from China are entitled to national treatment. We cannot appear to be imposing a non-tariff barrier," the official said, requesting anonymity.
According to Raj Kumar, president of the Toy Association of India, the ban on Chinese toys, although welcome, came as a surprise. "Chinese toys had captured more than 60% of the Indian toy market," he said.
"We are taking all necessary precautions to provide safe toys to children. Our own children also use these toys. We are very sensitive to this cause. But I cannot say about the unorganised sector."
'SC stand on judges' assets may harm RTI Act'
http://timesofindia.indiatimes.com/SC_stand_on_judges_assets_may_harm_RTI_Act/articleshow/4027246.cms
24 Jan 2009, 1945 hrs IST, PTI
NEW DELHI: In the backdrop of a legal tussle over disclosure of assets by judges, the head of a parliamentary panel has hinted that the apex court registry's move to challenge in High Court a CIC order on the issue may have a serious impact on the Right to Information Act. "The RTI Act is the second independence movement for the people in practising democracy. Hence, the Supreme Court registry may use its wisdom to save the RTI Act by not pressing the writ petition before the High Court," E M S Natchiappan, chairman of the Standing Committee on Personnel, Public Grievance and Law and Justice that deals with implementation of RTI on Saturday said. "The RTI Act is like a small baby, we all have to preserve the baby," he said, favouring a rethink on pursuing the matter in the HC. The High Court had on January 19 stayed an order passed by the Central Information Commission asking the Supreme Court's information officer to give information to an RTI applicant on whether judges of the apex court have declared their assets to the CJI. On a petition filed by the information officer of Supreme Court challenging the January 6 order passed by CIC, Justice S Ravindra Bhat fixed February 12 as the next date of hearing of the matter. Noted jurist Fali S Nariman who was asked to assist the court as amicus curiae (friend of court) refused to take up the responsibility. In the petition, the Supreme Court said that information relating to declaration of assets by the apex court judges to the CJI was not a mandatory exercise under the law.
Girls assaulted at Mangalore pub; NCW promises justice
http://timesofindia.indiatimes.com/Girls_assaulted_at_Mangalore_pub_NCW_vows_justice/articleshow/4029791.cms
25 Jan 2009, 1954 hrs IST, Times Now
NEW DELHI: The National Commission for Women (NCW) has reacted sharply to the shocking incident of assault on girls at Mangalore pub allegedly by Sri Ram Sena, saying the NCW will be taking up the case suo motto. Nirmala Venkatesh, Member NCW said that the National Commission for Women will take up the issue and make sure that the girls get justice. Around 40 people, on Saturday, reportedly barged into a pub on Balmatta Road and viciously attacked girls who were at the pub. At least two girls have been hospitalized and are being treated. Reacting angrily to this horrifying incident, Women's Rights activist Madhu Kishwar said that the attackers have good political links and are a part of extortionist gang. She went on to add, "The attack is an attempt to spread terror amongst restaurant owners in the city. They cannot just keep expressing their anger over Americanized lifestyle in this manner." Ranjana Kumar, another Women's Rights activist condemned the attack and strongly said that the men involved in this attack should be charged for assaulting women. She said, "This is an outrageous and a horrible incident. No one has the right to infringe on other's freedom. Such kind of acts is absolutely unacceptable. Those responsible should be immediately arrested and strict action should be taken against them." “Because these kinds of attackers are let free, such attacks continue all across the country. I don't think these people had any business to get involved in others lives,” added the activist. “Take stringent action on those who assaulted pub customers.” The assault on customers of a pub by the Ram Sena activists was an act of "inhuman behaviour" and stringent action should be initiated against the culprits, senior Congress leader M Veerappa Moily said. "It should be condemned by all and the culprits should be punished with stringent action", Moily told. People who take law into their own hands should be dealt with severely, he said, adding, it is the duty of police to look into "illegal activities". On Saturday evening at around 4 pm, two people approached the front desk of the pub and requested permission to enter the premises. They said that they wanted to see what was going on inside. Soon, nearly 40 people barged into the pub and targeted a group of five girls, who had placed a lunch order. Subsequently, another group attacked three other girls in the pub. According to one staff member, some of the assailants molested the girl customers. Some of the staff members and the men, who were accompanying the women, were assaulted when they came to the rescue of the girls. Claiming responsibility for the attack, state deputy convenor of the Sene Prasad Attavar said that it was a spontaneous reaction against women, who flouted traditional Indian norms of decency. He said these girls were Hindus who dared to get close to Muslim men. The reports suggested that Sri Ram Sena and the Bajarang Dal have also separately claimed the responsibility for the attack.
Delhi lawyer offers to defend Kasab
http://timesofindia.indiatimes.com/Delhi/Delhi_lawyer_offers_to_defend_Kasab_/articleshow/3917373.cms
31 Dec 2009, 0656 hrs IST, IANS
NEW DELHI: Believing in the basic premise of justice and fairplay that every accused is entitled to the best defense, a Delhi lawyer says he is willing to fight for Ajmal Amir Kasab, the lone terrorist caught alive in the Mumbai attack.
M. Shanwar Khan, who has successfully defended six people accused in terror-related cases, believes it is for the courts to decide whether a person is a terrorist or not. "I believe in strengthening our legal system, so there is nothing wrong in defending Kasab. The court has to decide whether he is a terrorist or not, and till then he has a right to request for legal assistance," said Khan.
"I have defended 20 people accused of being terrorists and have been successful in getting six of them acquitted. The rest of the cases are pending in various courts of Delhi," Khan said, adding that Section 202 and 203 of the Criminal Procedure Code (CrPC) of India says that an accused in India is entitled to the right to defense.
"If people like Dara Singh (convicted for the murder of Australian missionary Graham Staines), Lt Col Purohit, Sadhvi Pragya (accused in Sep 29 Malegaon blast) and Nalini (serving life imprisonment for involvement in Rajiv Gandhi's assassination) can all be given legal aid, then why not Kasab?" he asked.
Khan started his practice nine years ago along with his father M Khan and says he has learnt a lot from him. "People often misunderstand my father, but I know him as one of the finest lawyers and a good human being. He often fought cases without charging anything. He believed in the legal process and didn't discriminate between cases," said Khan of his late father.
His list of clients includes those accused of planting improvised explosive devices near the Border Security Force (BSF) headquarters and Sena Bhavan in the capital in 2002.
On what he feels about terrorism, Khan said: "I am also hurt when terrorists kill innocent people as they did in Delhi and Mumbai. Anyone who commits such acts of terrorism against our country must be given the harshest punishment."
Rat in meal: 3 MCD officials suspended, probe ordered
http://timesofindia.indiatimes.com/Delhi/Rat_in_meal_3_MCD_officials_suspended_probe_ordered/articleshow/4027796.cms
25 Jan 2009, 0010 hrs IST, TNN
NEW DELHI: Two days after a rat was found in the dal served to students of an MCD school, municipal commissioner suspended three officials and ordered a vigilance inquiry into the incident. On Thursday, a dead rat was found floating in the mid-day meal dal served to students in the MCD school in Kondli A-block in Shahdara (south). Commissioner Mehra has directed the chief vigilance officer to submit a report within three days to ascertain the truth and fix responsibility on guilty officials. Meanwhile, the commissioner placed under suspension with immediate effect three officials for dereliction of duty. These include S P Solanki, school inspector, Shahdara (south); school principal Dharamveer Singh Tyagi and Satpal Singh, assistant teacher and mid-day mean in-charge for the school.
Wife moves Delhi court after finding husband is gay
http://timesofindia.indiatimes.com/Delhi/Wife_moves_Delhi_court_after_finding_husband_is_gay/articleshow/4029401.cms
25 Jan 2009, 1039 hrs IST, IANS
NEW DELHI: Like every newly wed, Radha (name changed) too had visions of leading a happily married life. But in just a few months, her dreams were shattered when she found out that her husband was having an affair with his best friend - a man. When she confronted him, her husband Rahul (name changed) refused to break his relationship and instead shunned her. A heartbroken Radha went back to her parent's house, where she gave birth to a girl. She was married in 2004. Thinking that the birth of the child would change things between them, Radha met her husband for a reconciliation. But Rahul, who is in his late 20s, refused to accept her and the child. Seeing their daughter, he said: "I hate girls." Now, Radha is fighting a case against her husband for alimony and hopes for an early relief. A city court will hear her plea next month. In her petition, she said that she married Rahul in 2004 and they were living happily for some time. But she soon realized that her husband was not showing any interest in her and used to enjoy the company of his friend Imran (name changed). When she complained to Rahul about this, he told her bluntly that he doesn't like women and asked Radha not to interfere in his life. When she objected to Imran's presence in the house, Rahul thrashed her and threw her out. Radha was pregnant at the time. Radha went to her father's house and started living there and gave birth to a girl. Fed up with her husband's behaviour, Radha filed a complaint against her husband in 2008 asking for maintenance. Hoping for a patch-up between the two, the court last year referred the case to the mediation centre, which aims to counsel couples so that the case can be settled out of court. The counsellors at the centre, however, came to the conclusion that the couple could not live together and transferred the case to the family court on her plea as Rahul refused to accept Radha and the child and turned down the offer to pay her monthly allowance and end his relationship with Imran. Rahul and his elder brother were in a business together, but Rahul quit and started a small business with Imran.
Attempt to murder case against MLA Mumtaz Khan
http://timesofindia.indiatimes.com/Hyderabad/Attempt_to_murder_case_against_MLA_Mumtaz_Khan/articleshow/4027952.cms
25 Jan 2009, 0418 hrs IST, TNN
HYDERABAD: Even as Majlis-e-Ittehadul Muslimeen distanced itself from the Friday night attack on Siasat editor Zahed Ali Khan, the city police on Saturday booked an attempt to murder case against MIM MLA Mumtaz Khan and began investigation. South Zone Deputy Commissioner of Police Atul Singh said, "We have registered a case against Mumtaz Khan but did not arrest him. We are investigating the case and would arrest if a case against him is established prima facie." MIM President Asaduddin Owaisi said, "MIM and its MLA had no role in the attack on Zahed Ali Khan." Meanwhile, a stream of leading politicians and senior mediapersons called on Khan who is recuperating from injuries at Care Hospital, Moazzam Jahi Market. The visitors who condemned the attack while meeting Khan included Congress spokesman and Rajya Sabha member K Keshav Rao, CPM leader B V Raghavulu, CPI MP S Sudhkar Reddy and Prajarajyam leader Vinay Kumar. Based on a complaint by Khan, the police booked cases against 14 persons that includes MIM floor leader Akbaruddin Owaisi. Khan said in his complaint that he was attacked by Mumtaz Khan by the butt of a revolver. He also said Mumtaz assaulted him along with 20 other persons. He named Akbaruddin Owais in his representation to the Hussainalam police. In the meantime, G Anjaneyulu, secretary of AP Working Journalists, and M S Hashmi, president, Hyderabad Union of Journalists, submitted a memorandum to DGP S S P Yadav. The mediapersons said the assault on Zahed Ali Khan and two of his reporters--Athar Moin and M Mubasharuddin Khurram--was an attack on the freedom of press. They demanded immediate arrest of all the assailants. The Old City bandh call given by opposition parties on Saturday in protest against the attack was peaceful. Nearly 500 workers belonging to TDP, CPM, CPI led a rally from Charminar to TDP's party office in Shalibanda. The protesters raised slogans against government and MIM party like "Gundagiri nasinchali". City police commissioner has provided a gunman for the security of Khan.
42 issued challans for smoking
http://timesofindia.indiatimes.com/Chandigarh/42_issued_challans_for_smoking/articleshow/4027873.cms
25 Jan 2009, 0208 hrs IST, TNN
PANCHKULA: Three-and-a-half months after a nation-wide ban on smoking, district administration on Saturday challaned 42 persons for lighting up in the open. Of these, 20 were issued to those puffing away at three hangout joints in the city, out of which, two eateries ' Cuppa Mocha and Smog ' too got the authorities' rap.
The challans were issued by a team led by Panchkula DC Rajinder Kataria and including SP Sandeep Khirwar, SDM Ashok Meena and other officers. The drive began from Sector 9-based 'Cuppa Mocha', where many youngsters were spotted smoking openly. The team also found that the place had not put up a warning sign against smoking. The DC immediately issued challans against the owner and recovered the amount there and then.
Following this, Sector-8 joint 'Smog' was raided, where officials saw narcotics being used in the 'hookah'. As many as five challans were issued against the bar owner. However, the youngsters were let off after a warning.
Both these places have become favourite destinations for youngsters post the UT administration's ban on 'hookah bars' in Chandigarh.
The officers then proceeded to Haryana Billiards in Sector 11 and issued two challans against the owners.
The team also penalized people found smoking at bus stops and at other places in the city.
Talking to TOI, Kataria said, "We had received many complaints regarding drug abuse and scuffles at these two places ' Smog and Cuppa Mocha ' which had become a safe haven for addicts after the ban in Chandigarh."
CASH-IN-BAG: CBI fails to file status report, IO stays away
http://timesofindia.indiatimes.com/Chandigarh/CASH-IN-BAG_CBI_fails_to_file_status_report_IO_stays_away/articleshow/4028373.cms
25 Jan 2009, 0252 hrs IST, Supriya Bhardwaj, TNN
CHANDIGARH: A day after it claimed having completed its preliminary inquiry into the cash-in-bag scam against a judge of the Punjab and Haryana high court, the CBI failed to back it up with evidence on Saturday. Not only did the agency fail to file a status report in the district courts but even the investigating officer stayed away from the day's proceedings. Instead, CBI officials engaged themselves in filing replies to miscellaneous applications moved by the accused on earlier occasions. This came barely hours after CBI had stated in New Delhi that it had forwarded a report to the Union government and Supreme Court for permission of the chief justice of India to register a regular case against the judge. Regarding an application on the release of articles seized during probe, CBI told the court, "Investigation is pending and presently at a very crucial stage." Irked by the attitude of officials, the judge said, "CBI was expected to file a status report as per the orders passed on the previous date. Instead of giving it (details of investigation) to the media, file the status report in the court." The court gave the probe agency a week's time to file the report and fixed January 31 as the next hearing date. The court of special CBI judge Jagdeep Jain had asked CBI to file a detailed status report on December 10, 2008. A battery of lawyers representing former Haryana additional advocate general, Sanjiv Bansal, co-accused Nirmal Singh, Prakash Ram, Rajeev Gupta and Delhi-based hotelier Ravinder Singh referred to media reports regarding the completion of investigation. On Bansal's application regarding his four computers, the public prosecution said CFSL reports are awaited and the equipment can only be handed over after it is ascertained on which CPU the agreement to sell a piece of land which was produced before UT police was made. Defense counsel N K Nanda, said, "CBI is not serious about the case. Why did they not file a status report even after availing the opportunity (to file report)? They said the IO has been changed. It is strange that media reports suggested that the investigation is complete and in the court they (CBI) are pleading that CFSL reports are still awaited." The case relates to Rs 15 lakh cash found at a sitting judge's door last August, allegedly routed by Bansal via Prakash at the behest of Delhi hotelier.
Govt mulls ESMA, NSA against striking docs
http://timesofindia.indiatimes.com/Lucknow/Govt_mulls_ESMA_NSA_against_striking_docs/articleshow/4027895.cms
25 Jan 2009, 0007 hrs IST, TNN
LUCKNOW: The state government is contemplating strict action against teachers of Chhatrapati Shahuji Maharaj Medical University (CSMMU) who went on a flash strike on Saturday. The action may include invoking Essential Services Maintenance Act (ESMA) and arrests under National Security Act (NSA). "We are keeping a close watch on the developments and will take all possible measures to curb the strike for the sake of poor patients," Harbhajan Singh, secretary medical education, told TOI. The CSMMU administration, too, has decided to get tough with the agitating teachers, many of whom also serve as senior doctors in the hospitals associated with the university. Teachers went on a flash strike after Dr Naim Ahmad, teachers' association general secretary, was slapped by Circle Officer, Chowk police, Vinay Chandra. The incident took place when the police used force to drive out angry group of teachers led by Dr Naim, who had barged into the office where CSMMU vice-chancellor along with some external experts and senior faculty members was taking interviews for appointments and promotions. The teachers are demanding time-bound promotions under Tikku Commission. Whereas, the CSMMU Act prescribes selection committee process in which performance of a teacher is evaluated by external experts. Despite clear provisions in the Act, in previous regimes some teachers managed to get time-bound promotions. But when incumbent vice-chancellor Prof Saroj Gopal Chooramnai took charge in March 2008, she decided to go as per the law. The teachers, however, continued to mount pressure and forced the university to defer the selection process twice since October last. Prof Gopal was twice summoned by the chancellor's office and categorically told not to deviate from the Act. She, however, found a middle-path and decided to give legal sanctity to promotions done earlier under Tikku Commission by allowing teachers to face the selection committee. But teachers rejected the offer and continued their stir. On Saturday, selection committee's meeting for appointments on vacant posts in the cardiology department and promotion in operative dentistry was scheduled. As soon as Dr Pramila Verma from operative dentistry, was called in for the interview, agitating teachers barged into the room and alleged that Dr Verma had been forced to appear for interview since she had earlier rejected the offer. The angry group of teachers accused the V-C of using pressure tactics. According to eye-witnesses, Dr Naim along with some supporters barged into the office and started creating ruckus. Teachers, it was alleged, misbehaved with experts and even pushed the V-C who fell on the sofa. Another teacher in the group caught a teacher present in the interview session by collars when the latter tried to stop Dr Naim from misbehaving with the V-C. The police were forced to intervene to prevent the situation from turning ugly. Despite repeated requests from V-C and the police, agitated group led by Dr Naim refused to leave the office. At this Prof Gopal asked the police to drive out the rowdy lot so that proceedings of the selection committee could be continued. When the police tried to push out the group, the latter entered into a scuffle. In the heat of the moment, Circle Officer Chowk slapped Dr Naim. The slap added fuel to fire. Soon a large number of teachers descended on the venue, sat on a dharna and announced the indefinite strike. Resident doctors also came out in support of Dr Naim. However, after an hour, many doctors joined services when they came to know about the entire incident. Though they slammed the police for slapping their colleague but at the same time also criticised Dr Naim for misbehaving with CSMMU V-C. Later, on the complaint of Prof Gopal, police registered an FIR against Dr Naim and 25 others for obstructing public officer from conducting his/her duties. Police said that it can also make some arrests, if doctors tried to create ruckus again. Meanwhile, interviews continued peacefully thereafter. Later, Prof Gopal convened a meeting of senior faculty members and heads of the departments and appealed to them not to go on strike. But this was turned down by the teachers' association. Later, the general body of the association decided to continue with strike till the police officer who slapped Dr Naim was not punished. They also demanded that Prof Gopal should defer selection committee as their leadership was holding talks with the government to make amendments in the CSMMU Act allowing time-bound promotions. "We want the university to wait till government clear its stand," they said. Dr Naim said that Dr Pramila was forced to appear before the selection committee by Prof Gopal who threatened Dr Pramila that if she refused this time, she will not get a promotion for next two years. Dr Pramila, however, was not available for comments. Dr Naim said, "V-C has lost the confidence of doctors. Barring emergency services, strike will continue in all other departments. We will meet at 4 pm on Sunday to decide the future course of action." This is not the first time that teachers have displayed such rowdy behaviour over time-bound promotions. Earlier, in 2004, when Nityanand committee constituted by the administration had recommended selection committees for promotions, then also teachers' association office-bearers had created ruckus in the hall where meeting was taking place and had misbehaved with their senior colleagues and the then vice-chancellor.
Law set aside, child labourers toil at SMC fair
http://timesofindia.indiatimes.com/Surat/Law_set_aside_child_labourers_toil_at_SMC_fair/articleshow/4027588.cms
24 Jan 2009, 2312 hrs IST, Yagnesh Mehta, TNN
SURAT: It was an irony of sorts at Surat Municipal Corporation- organised Vidya-Suman-IT (book, horticulture and information technology) fairs here on Saturday. While hundreds of children were participating in drawing competition, there were some others working at stalls at the same venue. They were spotted by two rescued child labourers who questioned their employers. But, employers in the horticulture section were least bothered. "I was looking at plants and flowers in the horticulture section when I spotted a boy younger than me. On closer watch, I spotted a few more. I brought this to my teacher's notice," said Sharda Rathod, 13, a rescued child labour at Pratham, an NGO working for child education. Similarly, Arti Patel, 13, also found a few children working there and informed her teacher. "When stall owners were contacted, some asked the children to leave the place and hide. Others were not bothered and children continued with their work," said Visha Pradhan, project officer, Pratham. Later, TOI contacted Tanmay, 11 and Hitesh, 10, who were employed by different nursery owners. While Tanmay was employed at Kolkata Nursery owned by Kolkata-based Surjit Das, Hitesh was employed at Bilimora Nursery owned by Arvind Patel. Both the employers who were unaware about prohibition on employing children said they are not worried about any action. SMC had on January 18 organised a convention on child rights in association with Indian Academy of Paediatrics (IAP). SMC commissioner S Aparna had spoken on child rights at the convention. Aparna and deputy commissioner special PJ Zala were unavailable for comments. yagnesh.mehta@timesgroup.com
Judges are not above the law: Lok Ayukta
http://timesofindia.indiatimes.com/Mangalore/Judges_are_not_above_the_law_Lok_Ayukta/articleshow/4027327.cms
24 Jan 2009, 2227 hrs IST, TNN
MANGALORE: Lok Ayukta Justice N Santhosh Hegde on Saturday regretted the Supreme Court judges hesitating to make public details regarding their assets. "Why judges are hesitating to declare details about the assets they possess. Judges are not above the law. Why can't they be transparent," he said while delivering a speech on `corruption and society' at the 4th Mangalore Today Conclave here on Saturday. Hegde, who was critical about the Lok Ayukta powers, said the Lok Ayukta Act contains several lacunas and he had suggested several amendments. About the government hesitating to bestow more powers on Lok Ayukta, he said: "The job of Lok Ayukta is not confined to fighting corruption. It is an institute overseeing good governance. But the government looks at it as an aggressive body and not as an institution helping them in good governance." Lamenting over the level of corruption in the society, he said it was unfortunate that the society itself had accepted maladministration and corruption as way of life. "We have forgotten differentiating between the legitimate and illegitimate wealth. Whoever had wealth was respected in the society irrespective of the source of wealth. Nothing would change unless this attitude in the society changes," he said. Blaming greed as the reason for growing menace of corruption, Hegde said if people developed a sense of satisfaction with legitimate income, definitely the level of corruption would come down. Hegde also honoured A G Kodgi, chairman 3rd Finance Commission, Karnataka, with Lifetime Achievement Award 2009 instituted by Mangalore Today on the occasion. Speaking on the occasion, Kodgi said the panchayat raj institutions and urban local bodies have to be strengthened to ensure effective functioning of democracy in the grass-roots level. To help the local administrative bodies, the commission had suggested increasing the statutory grants to the gram panchayats from the existing Rs 6 lakh to minimum Rs 9 lakh and maximum Rs 15 lakh. Simultaneously it had recommended releasing to the taluk panchayat grants of Rs 1 to 4 crore, he said.
Court issues notice to minister
http://timesofindia.indiatimes.com/Kanpur/Court_issues_notice_to_minister/articleshow/4027329.cms
24 Jan 2009, 2007 hrs IST, TNN
KANPUR: A sessions court of Kanpur Nagar on Saturday issued notice to state cabinet minister RP Tyagi to appear before the court to adduce his evidence in KDA executive engineer Tyagi murder case being tried here. The additional district and sessions judge XVIth Vinod Kumar Srivastava in his order directed that notice should be served through the speaker, Legislative Assembly and fixed March 7 as the next date of hearing. Inspection of court file revealed that the court had also sent a notice to the minister through the speaker earlier but that could not be served. It is worth mentioning that in this case the presiding officer had received life threats a couple of months before and he was asked to keep himself away from the trial. Before him the same threats were given to additional district government counsel Mahendra Singh. The district police administration has provided security to the presiding officer and strengthened the internal security in the court premises to check any untoward incident. KDA EE TPS Tyagi was shot dead by the miscreants at the gate of Kanpur Development Authority building on October 15, 1998 at 6 pm when he was going to sit in his car. The assailants had shot him dead from very close range. The defence battery today completed the cross examination of Dr DPS Chauhan who had conducted the post-mortem of the body of Tyagi. The doctor confirmed in his statement that Tyagi was shot from very close range as a result he died. The minister is prosecution witness in this case and the court had summoned him several times to adduce his evidence but he was not appearing before the court. Show cause notice to DM: The additional district and sessions judge second of Kanpur Dehat on Saturday issued show cause notice to the DM for not complying with the court orders and asked him to explain within a week as to why action should be not be taken against him. The court had issued a recovery certificate to a claimant in a motor accident claim case on December 10, 2008 to get realised the amount mentioned in the recovery certificate. The presiding judge in its order said that the court had asked the DM to realise the money and inform the court before the next date. But the DM had neither recovered the amount in stipulated time nor apprised the court what action he had taken. Signature campaign: The judicial officials and advocates on Saturday appeared in a signature campaign to fight against terrorism. Union minister of state for home Sri Prakash Jaiswal inaugurated he campaign by signing on a sheet of paper. Thereafter judicial officials under the leadership of district judge Kanpur Nagar and Dehat Subhash Chandra and Sandhay Bhatt made their signatures with remarks. Kanpur Bar Association officials and a large number of advocates also signed to express their solidarity to fight against terrorism. The programme was organised by the Legal Aid Development and Research Association.
Man gets RI for dowry death
http://timesofindia.indiatimes.com/Kanpur/Man_gets_RI_for_dowry_death/articleshow/4027600.cms
24 Jan 2009, 2300 hrs IST, TNN
KANPUR: Additional district and sessions judge, Kanpur Dehat, CM Dixit, on Saturday convicted a man and his parents for dowry death and sentenced them for ten years rigorous imprisonment, along with a fine of Rs 2,000 on each. The sentenced persons were identified as Nagendra (husband), Phool Singh and Phoolmati, residents of Takipur under Chaubeypur police station. Nagendra was married to Ruby on May 10, 2006. He and his parents were demanding a motorcycle and a sum of Rs 50,000 as dowry. When Ruby's parents failed to fulfil their demands, they set her on fire on February 16, 2007. She died on the spot. Sentenced: Metropolitan magistrate, Kanpur Nagar, Ravindra Kumar Gupta, on Saturday, convicted a property dealer identified as Rizwan Khan, under Negotiable Instrument Act and sentenced him with one-year imprisonment and also imposed a fine of Rs 80,000. The judge said that complainant would receive a sum of Rs 75,000 from the fined amount while remaining Rs 5,000 would be deposited in the state government's account. Preeti Gupta had given a sum of Rs 50,000 to Rizwan on March 2006 as advance to purchase a property. When Rizwan failed to provide Preeti a property, he returned the amount to her through a cheque on August 23, 2006. The cheque bounced as there was no sufficient money in the account of Rizwan. The complainant sent a legal notice to Rizwan which was duly served on him but he neither replied nor paid the amount. During the trial, he admitted that he had received a sum of Rs 50,000 for purchasing the shares but returned the sum by a cheque. The presiding judge found him guilty under Section 138, Negotiable Act and punished him accordingly.
Men outrage modesty, punished 5 years later
http://timesofindia.indiatimes.com/Nagpur/Men_outrage_modesty_punished_5_years_later/articleshow/4028405.cms
25 Jan 2009, 0304 hrs IST, Soumittra S Bose, TNN
NAGPUR: Two persons were recently convicted of entering into a scuffling with a woman on the road and in the process outraging her modesty, by tearing her blouse, five years after the incident took place. Tenth judicial magistrate first class P G Deshmukh delivered the verdict after holding the accused — Dilip Hande and Ashok Tadas —guilty and sentencing them to simple imprisonment for two months and fine of Rs 1,000 each on a petition filed by the complainant Jyoti. The court examined seven witnesses before pronouncing the judgment which highlighted that the accused caused mental harassment to Jyoti and it could have also damaged her image. Hande and Tadas were convicted for offence punishable under section 354 read with 34 of Indian Penal Code (IPC) section 255(2) of Criminal code of Procedure. The complainant, who owned a stationary shop at Borkhedi village in Hingna district, had a dispute with the accused. Jyoti was at her shop when she was abused by the accused at 7.30pm on January 31, 2004. Jyoti had also claimed that the accused had doled out life threats and subsequently lodged a complaint at Buti Bori police station. On February 1, 2004, Jyoti was confronted by the accused, who entered into a scuffle with her and in the process her blouse was torn. Jyoti’s husband Prakash, who was one of the witnesses, accompanied her to the police station when she filed a complaint claiming that stating her modesty had been outraged. The defence counsel argued that the prosecution failed to prove the seizure of the torn blouse. The judgment underlines the testimonies of the witnesses, including that of the complaint and her husband, which stated that the accused used criminal force against the victim. The verdict states that there was no evidence on record to suggest that Jyoti was issued life threats.
Murder accused gets life term
http://timesofindia.indiatimes.com/Patna/Murder_accused_gets_life_term/articleshow/4027917.cms
25 Jan 2009, 0014 hrs IST, TNN
PATNA: Fast Track Court I judge K M Srivastava here on Saturday awarded life term to one Subodh Singh and seven years imprisonment to other two co-accused, Pramod Singh and Vinod Singh, in more than two-decade old case of murder and attempt to murder. The court found Subodh guilty of murder of one Rajkumar Singh and Pramod and Vinod guilty of attempt to murder Mathura Singh and Mithilesh Singh on August 2, 1988. The reason behind the murder was a land dispute between the co-villagers concerned of Dhanarua in Patna district.
Woman bootlegger confesses, out on bail
http://timesofindia.indiatimes.com/Ahmedabad/Woman_bootlegger_confesses_out_on_bail/articleshow/4027763.cms
25 Jan 2009, 0357 hrs IST, TNN
Ahmedabad : "Yes, I sell liquor." This bold confession from a 30-year old woman baffled the magistrate. But it disturbed her advocate the most. However, the court allowed her to go on bail after slapping a fine of Rs 400. Sunitakaur Gill was arrested on Saturday morning from her house at Sardar on Tekro in Juna Wadaj area by Naranpura police. Police found her in possession of 10 litres of country-made liquor worth Rs 200. Police arrested her and produced her in the metropolitan court in the evening. In the meantime, she managed to hire an advocate also, who filed a bail plea for her. But, when her turn came, the public prosecutor SD Bhavsar didn't want to offend her and was polite enough to ask her about her business, to which she replied that she is a homemaker. And before he could proceed, Sunita's advocate loudly asked, "Do you sell liquor?" The high pitch of the advocate confused her and she confessed her crime before the magistrate. Everybody realised that the advocate's direct questioning had misfired. Now, he had the only option left to plead for bail without any argument. Magistrate RD Adhvaryu imposed fine of Rs 400 on her for the offence.
Bar Council's secretary removed for siphoning funds
http://timesofindia.indiatimes.com/Ahmedabad/Bar_Councils_secretary_removed_for_siphoning_funds/articleshow/4027754.cms
25 Jan 2009, 0357 hrs IST, TNN
Ahmedabad : The Bar Council of Gujarat on Saturday removed its former secretary and one more staffer after an enquiry committee confirmed that they had misappropriated Council's funds to the tune of Rs 32 lakh. Secretary AD Vyas and an accountant Sanjay Panchal were accused of siphoning off the funds during their tenure during 1997 to 2004. After this scam came to the fore, the executive committee suspended them and set up a three-member enquiry committee. The BCG also lodged a complaint in Sola police station and investigation was carried out by the CID (crime). Criminal proceedings in this regard are pending before them in Ahmedabad's rural court. Moreover, the Council had also initiated a civil suit against both of them asking them to repay the amount with interest, said the Bar Council in a statement.
Illegal deals rampant in Bangalore hamlets
http://timesofindia.indiatimes.com/Bangalore/Illegal_deals_rampant_in_Bangalore_hamlets/articleshow/4027704.cms
25 Jan 2009, 0356 hrs IST, TNN
Bangalore : In Hongasandra and Singasandra villages of Bommanahalli, primarily agricultural land belts, you will not find a single piece of land that has been transacted legally. Hamlets around Bangalore stretching over 1,000 acres to 1,500 acres have not been converted from agriculture to non-agricultural purpose, but have been sold and developed haphazardly. Worse, survey numbers of large tracts of lands are missing though they have been registered. The Lok Ayukta probe into irregularities in the registration of revenue properties in and around Bangalore has put 27 sub-registrars in the dock. The investigation revealed that discrepancies are not confined to Hongasandra and Singasandra alone -- nearly 1,000 villages have registered illegal property transactions. Following a confidential report by the then Inspector General of Stamps and Registration department H Shashidhar, who recommended a probe into the irregularities and action against sub-registrars, the case was handed over to the Lok Ayukta in May 2008. The probe, conducted by a one-man committee comprising retired special deputy commissioner Somashekar, looked into 1 lakh documents (property registrations) over nine months -- between April and December 2007. It found that over 60,000 transactions were unauthorized. The report will be submitted to the government by this month-end. In the hamlets added to Greater Bangalore, an acre has been split into guntas and registered as tiny plots. If 1 acre is split into 40 transactions, then the purpose is meant to be residential. This without land conversion. "In several villages, the entire tract of agricultural land has been sold without conversion and registered. There is no approval from the planning authorities for the development. Even if the government decides to regularize revenue land, who will set things right? The damage has been done,'' Lok Ayukta Justice N Santosh Hegde told TOI. However, there is a hitch in framing charges against the sub-registrars. While the Karnataka Land Revenue Act restricts officials from registering revenue properties, the Registration Act does not have any such riders -- sub-registrars are bound to register any document and need not verify the credentials. "There is some ambiguity between the two Acts -- the Land Revenue Act and Registration Act. The rules are not complementary to each other. We are analyzing whether or not to frame charges against the sub-registrars. As per one Act, the sub-registrars have committed a violation. But the other Act does not put the officials in the dock,'' Justice Hegde added.
CIC's role in hearing plea questioned
http://timesofindia.indiatimes.com/Delhi/CICs_role_in_hearing_plea_questioned/articleshow/4027831.cms
25 Jan 2009, 0000 hrs IST, Abhinav Garg, TNN
NEW DELHI: Can the Chief Information Commissioner first furnish a legal opinion on the applicability of the RTI Act to a so-called private body through a letter and then preside over a CIC Bench to decide the same issue in appeal? Faced with such an instance of what is allegedly a case of judicial indiscipline, the Delhi High Court has asked CIC Wajahat Habibullah to "consider the appropriateness of his participation'' in hearing an RTI appeal. The appeal challenges a single information commissioner's ruling that Jawaharlal Nehru Memorial Fund (JNMF) a trust isn't covered under the RTI Act and an Indian citizen can't seek information from the trust. CIC then closed the case. Justice S Ravindra Bhat, in his order, also asked the CIC to rehear the appeal and constitute a three commissioner Bench to "decide whether JNMF is a public authority and covered under the Act after hearing the petitioner.'' HC's order came on a petition filed by B R Minhas, a senior citizen pursuing a law degree from DU, who drew HC's attention to a curious circumstance where CIC Habibullah had heard his appeal even though he had earlier rendered a legal opinion to the trust through his legal advisor. Justice Bhat, who incidentally is also hearing Supreme Court's appeal against CIC's order in the judges' assets declaration case, asked the CIC to reconsider Manhas' appeal and hear his arguments. The case stemmed from an RTI Minhas moved before JNMF in November 2006 seeking to know "year-wise financial grant given to it by HRD ministry and for what purpose.'' The trust wrote to the CIC to know if "charitable trusts set up in memory of national leaders come under the RTI Act.'' CIC Habibullah replied through a letter that the RTI Act didn't apply to the fund. Minhas, meanwhile, decided to approach CIC with fresh evidence contained in an RTI reply received from the HRD ministry on how much amount had been granted to the trust. He argued that since it received government funds and was housed within a government property Teen Murti House it couldn't be outside RTI's ambit. When his case came before the information commissioner, O P Kejariwal took serious note of non-response and summoned the PIO to appear in person and explain why the trust refused information. JNMF, on its part, waived CIC Habibullah's letter to claim immunity from RTI Act. Accordingly, a division bench of IC's was constituted, comprising Kejariwal and Habibullah, to review CIC's decision, prompting protests by Minhas on inclusion of Habibullah in the bench when he, through his legal advisor, had already made up his mind in the matter. The anomaly of the situation then made Minhas move the HC, which has asked CIC to constitute the Bench and left it to Habibullah to take a call if he should be a part of it.
Staying beyond lease period? Pay double
http://timesofindia.indiatimes.com/Mumbai/Staying_beyond_lease_period_Pay_double/articleshow/4028507.cms
25 Jan 2009, 0345 hrs IST, Shibu Thomas, TNN
MUMBAI: Tenants who fail to vacate a flat at the expiry of the leave-and-licence agreement period are liable to pay double the rent as damages until the time they move out, the Bombay high court has said in a judgment that will affect countless tenant-landlord disputes. “(When) the licensee, in spite of the expiry of the licence agreement and notice, does not deliver possession of the premises to the landlord and continues to be in possession of the licensed premises, he should pay damages at double the rate of the licence fee or charge of the premises fixed under the agreement till he is dispossessed by the competent authority,’’ Justice Anoop Mohta said while recently deciding a case involving a sprawling flat on Carmichael Road. The judge asked the licensee to pay Rs 9.6 lakh as arrears and Rs 40,000 as damages every month until the time she vacated the flat. The leave-and-licence agreement for the flat at Bhagwati Bhawan, signed between owner Manju Singh and Janaki Ammanraj, expired in November 2006. Singh moved the authorities to get her flat vacated and filed an application seeking orders to Ammanraj to deposit double the rent amount as compensation until the litigation was decided. The competent authority rejected the plea and Singh approached the high court. The law, laid down in Section 24 of the Maharashtra Rent Control Act, says that if the licensee fails to leave at the end of the agreement, the owner can move the authorities to get the flat vacated. The provision goes on to say that such a licensee, “till he is dispossessed by the competent authority, shall be liable to pay damages at double the rate of the licence fee or charge of the premises fixed under the agreement of licence’’. Even if the licensee raised a dispute, he would still have to pay “double the amount of the agreed rent/occupation or licence fee’’ after the expiry of the agreement. Lawyers have welcomed the order, saying it acts as a deterrent for tenants who attempt to stay on after the leave-and-licence term expires. Flat owners nowadays prefer to enter into leave-and-licence agreements rather than renting out the flats, they say. “Leave-and-licence agreements are time-bound and stringent provisions under the law mean there is little incentive for the licensee to stay on,’’ advocate Vivek Khemka said. Evicting a legitimate tenant, on the other hand, can involve decades of litigation and prove costly. Rent laws mandate that the landlord has to prove that he needs the premises for a legitimate use to evict a tenant. As opposed to this, on the expiry of the leave-and-licence agreement, the balance tilts towards the landlord.
Do not boycott court: acting Chief Justice
http://www.hindu.com/2009/01/25/stories/2009012552290300.htm
Staff Reporter
KODAIKANAL: “Do not boycott court and strike work over petty matters,” said S.J. Mukhopadhaya, acting Chief Justice, Madras High Court.
He made this appeal to lawyers after inaugurating a new court building constructed on an outlay of Rs.2.27 crore and a camp sub-court here on Saturday.
Resorting to a strike was a recent phenomenon. Lawyers must think about it. A majority of the litigants approached only subordinate courts. Only a few approached the High Court, he said. “If people appreciate you, (lawyers in subordinate courts), they will appreciate us. Your prestige is our prestige,” he said.
The ACJ also appreciated the State Government for sanctioning more funds for development of infrastructure for judiciary. Kodaikanal court had only two judges. But it would accommodate 10 judges and as many court rooms in the future.
Stating that Kodaikanal bar members were numbering 35 to 50, he said the strength of the bar was not the question. The quality of the bar was vital. They must perform well and set an example for their counterparts in subordinate courts, he said.
High Court Judge R. Regupathi said that pendency of cases was alarming from sub-courts to Supreme Court. Kodaikanal court alone had 2,005 civil cases and 1,227 criminal cases pending. Despite establishment of alternative resolution methods by Lok Adalat and conciliation and mediation, arrears in courts could not be cleared, he said.
“Judicial officers and advocates must react to this reality, reject unnecessary litigation and avoid casual adjournments. Courts can function efficiently only with lawyers’ assistance. If we are vigilant, we can thrash out unnecessary litigations at the grass root level to give justice within a reasonable period and cost.” Stating that subordinate courts were the backbone of judicial system, Justice Regupathi said that litigants and the public would get a good impression only through better functioning of courts. People who were fed up with political and administrative maladies only would knock the doors of judiciary.
Avoiding frivolous litigation and preventing lengthy litigation by the bar would help judiciary to scale down backlogs. “If you adopt innovative and novel methods to prolong proceedings, people will lose hope in judiciary.” .
Minister I. Periasamy assured that the Government would sanction funds without delay for infrastructure development.
High Court Judge S.K. Krishnan said that the new court building had all modern facilities.
Only 26% of burglaries solved
http://timesofindia.indiatimes.com/Mumbai/Only_26_of_burglaries_solved/articleshow/4027776.cms
25 Jan 2009, 0345 hrs IST, Somit Sen, TNN
Homes in Mumbai have been among the least safe in the country, with the city recording the highest number of break-ins among major metros for the past five years. There were more burglaries at residences, offices and shops in Mumbai than in Delhi, Bangalore or Kolkata. Police statistics show that there were 3,171 house-breakings in Mumbai in 2005, 3,102 cases in 2006, 2,845 in 2007 and 2,803 cases in 2008. In comparison, Delhi had 1,940 burglaries in 2008 and Bangalore 1,590 cases. Region-wise statistics show that most of the burglaries were in the western suburbs, like Bandra, Khar, Santa Cruz, Andheri, Jogeshwari, Goregaon, Kandivli and Dahisar. While the west region had 753 house break-ins in 2008, the number of cases in the north region was 571. Overall, only 26% of cases were solved, with several cases involving cash, ornaments and valuables worth crores of rupees remaining unsolved. Police say that the maximum number of house break-in incidents occur when the occupants of the flat were away on long vacations, normally from March to May and during October-November.
PwC auditors held for Satyam fraud
http://timesofindia.indiatimes.com/PwC_auditors_arrested_for_Satyam_fraud/articleshow/4026675.cms
25 Jan 2009, 0806 hrs IST, TNN
HYDERABAD: In an incident thought to be the first of its kind in India, partners of the auditing firm PricewaterhouseCoopers (PwC) were arrested on Saturday for their alleged role in the Satyam scandal. ( Watch ) Senior partners S Gopalakrishnan and Srinivas Talluri were booked by Andhra Pradesh police CID on charges of fraud (Section 420 of the IPC) and criminal conspiracy (120B) in the Rs 7,800 crore scam. A conviction for fraud, if proven, carries a maximum sentence of seven years in prison and that for criminal conspiracy can range from a few years to life imprisonment. They were remanded in judicial custody till February 6. Gopalakrishnan and Srinivas were called in for questioning late on Friday evening, and the process continued through the night. The arrests were announced on Saturday but happened at 10 pm on Friday night. They were then produced at the residence of eighth additional chief metropolitan magistrate. A lawyer to represent the PwC partners was flown in from Chennai. The CID had swooped down on the PwC office in posh Jubilee Hills and searched for two days immediately after B Ramalinga Raju wrote a letter to shareholders admitting massive fraud. Both Gopalakrishnan and Srinivas had been questioned on a few occasions in connection with the scam. The functioning of auditors has come in for sharp scrutiny since the Satyam scam broke, with comparisons being made between PwC and Arthur Andersen, the auditing company than went down with Enron. PwC initially claimed client confidentiality. But later, sought to absolve itself of all responsibility. Those sympathetic to the company are insisting that collusive fraud is extremely difficult to detect but others say that the auditing company cannot be absolved of charges of not revealing the true financial position of the company especially since they were its auditors from 2000 to 2008.
Pension Adalat
http://www.hindu.com/2009/01/25/stories/2009012550700200.htm
Staff Reporter
COIMBATORE: Regional Level Pension Adalat of Western Region (Tamil Nadu) will be conducted on February 13 at 12 noon at the Conference Hall of the Office of the Postmaster General, Western Region.
The pensioners can approach the adalt only for cases which could not be settled at the divisional level.
High Court imposes cost on Collector
http://www.hindu.com/2009/01/25/stories/2009012551110200.htm
Staff Reporter
MADURAI: The Madras High Court Bench here on Friday imposed a cost of Rs.10,000 on the Pudukottai Collector and a Special Tahsildar for not paying full compensation to a person whose 3.9 acres of land was acquired in 1989 for Adi Dravidar welfare schemes.
Dismissing a civil revision petition filed by the two officials against an order passed by a lower court to attach properties of the Collector’s office, Justice N. Paul Vasanthakumar directed them to pay the costs to the landowner before February 16.
“This court is pained to see the attitude of the respondents in not paying compensation though the land was acquired and an award was passed as early as on July 31, 1990. The award was also confirmed by this court on December 11, 2000,” the Judge said. He stated that the Government had initially fixed a compensation of Rs.78,000 for the total extent of land. The quantum was challenged and a sub-court in 1990 fixed the land value at Rs.40 per square foot to be paid with interest at 9 per cent per annum.
Immediately, the officials challenged the award through an appeal suit in the principal seat of the High Court in Chennai. Disposing of the case after a decade, a Division Bench in 2000 fixed the final value at Rs.11,63,248 per acre.
The amount was not paid and hence the landowner filed an execution petition before the sub-court for releasing the money and to attach the properties in the Collector’s office. Only thereafter, the officials began paying the amount in instalments.
A memo was filed in August 24, 2006 stating that a substantial amount had been paid and the balance amount of Rs.2,49,233 would be deposited within a month. But contrary to the submission, the balance was not paid even after three months.
Consequently, the sub-court on December 12, 2006 ordered attachment of Collectorate properties.
High Court stays re-tendering of road project
http://www.hindu.com/2009/01/25/stories/2009012555550600.htm
Staff Reporter
BANGALORE: The Karnataka High Court stayed the re-tendering of six-lane Bangalore-Mysore-Nanjangud highway project.
The State Government last year called for tenders to the tune of Rs. 300 crore that would link Bangalore with Nanjangud. The current road between Bangalore and Mysore and the road from Mysore to Nanjangud was proposed to be expanded to accommodate traffic on six lanes.
Although 12 organisations had expressed interest, only four had shown interest. During bidding in August, only one firm-KMC-had come forward to execute the project. The State had then decided to call for tenders saying that it would not be appropriate to award contract to only one firm.
The State then called for fresh tenders to the project. Aggrieved by this order, KMC had moved the High Court. It said it had submitted its tender on merits and that it could not be faulted if no other company had come forward to take up the project.
It urged the court to stay the re-tendering project.
Justice Ravi Malimath stayed the re-tendering project and adjourned hearing of the case.
Delhi High Court Bar backs CIC order
http://www.hindu.com/2009/01/25/stories/2009012554120400.htm
Staff Reporter
On disclosure of assets by judges of Supreme Court, High Courts
The resolution said the judges should set an example of fair conduct
NEW DELHI: Joining the issue of disclosure of assets by judges of the Supreme Court and High Courts and their family members to bring in transparency and accountability in the judiciary, the Delhi High Court Bar Association has adopted a resolution in support of the Central Information Commission’s orders.
The Commission in its orders this past November had directed the Supreme Court Registry to provide information to a Right to Information activist on whether judges of the apex court and the high courts had declared their assets.
Refusing to provide the information on the ground that the information sought was not in the public domain and as such the application filed by the RTI applicant was not at all maintainable, the Supreme Court Registry last week moved the Delhi High Court against the Commission’s orders.
The High Court, meanwhile, has stayed the operation of the Commission’s orders.
The Bar Association under its president K.C. Mittal also decided to move a petition in the High Court to intervene in the pending petition against the Commission’s orders.
The resolution said the judges should set an example of fair conduct by declaring their assets and those of their families.
The resolution said certain developments in the judiciary over the past few years like the Ghaziabad Provident Fund scam involving some judges of the Allahabad High Court and a judge of the Supreme Court and an alleged attempt to bribe a Punjab and Haryana High Court judge had shaken the common man’s faith in the judiciary.
Court refuses bail to cop
http://www.hindu.com/2009/01/25/stories/2009012552040300.htm
Nirnimesh Kumar
NEW DELHI: The Delhi High Court has refused to grant anticipatory bail to a Delhi Police sub-inspector in a corruption case, holding that investigations into the allegations against him are still on.
The Anti-Corruption Branch of the Delhi Government had registered the case this past month on a complaint by a parking lot contractor in the New Delhi Municipal Council (NDMC) area. The complainant, Ajit Singh, alleged that Sub-Inspector Sanjiv Mathur used to extort Rs.3,000 every month from him in lieu of allowing him to run the parking lot.
The Anti-Corruption Branch lodged the case when the complainant was able to record his conversation with the police officer while demanding money from him.
The police officer had earlier moved a lower court for anticipatory bail but it rejected his plea.
Sub-Inspector Mathur sought bail submitting that the allegations against him were false as there was no independent evidence against him. Opposing his submission, counsel for the prosecution submitted that the accused was likely to tamper with evidence if he was granted bail as the probe was in the initial stages.
About Me
- Kamal Kumar Pandey (Adv. Supreme Court of India)
- 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.
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