LEGAL NEWS 09.05.2009

AXE EFFECT: HC says stop

http://bangalorebuzz.blogspot.com/2009/05/axe-effect-hc-says-stop.html
Court orders stay on tree-cutting at Lalbagh, wants BMRCL to explain

Srikanth Hunasavadi, Bangalore
FRIDAY, MAY 08, 2009
Just when the Lalbagh campaigners thought it was all over, the Karnataka High Court stepped in on Thursday and gave them a reason to cheer. A vacation bench comprising Justice N Kumar and Justice Keshav Narayan ordered a stay on tree felling in the area and asked the Bangalore Metro Rail Corporation Limited (BMRCL) to explain the action at Lalbagh and RV Road.
The bench was hearing a PIL filed by Mahavir Ranka, a businessman and an RV Road resident, challenging the ordinance issued by the state government allocating 1135 sq metres of land in Lalbagh for a Metro station.
The stay has brought the smiles back in the green camp which had almost given up after CM BS Yeddyurappa gave a green signal to the BMRCL for tree felling despite protests.
Arguing for the petitioner, advocate Vardhaman Gunjal on Thursday said that the BMRCL engaged in tree felling without seeking proper permission of the Bruhat Bangalore Mahanagar Palike (BBMP) tree officer.
It was submitted that even though the trees felled presently in Lalbagh are eucalyptus, which do not require prior permission of the tree officer as per the Tree Protection Act, the fact that such trees are in Lalbagh Botanical Gardens constitute an important collection of the park's biodiversity.
The counsel gave the court a copy of the 2009 government order that involved a sale at a price fixed by the deputy commissioner of Bangalore. osted by The Bangalorean @ 5/08/2009 09:32:00 AM




Sandvik Asia gets HC nod for delisting
http://economictimes.indiatimes.com/Market-News/Sandvik-Asia-gets-nod-for-delisting/articleshow/4497362.cms
8 May 2009, 0252 hrs IST, Apurv Gupta & M Padmakshan, ET Bureau
MUMBAI: Reversing an earlier single-bench order, a division bench of the Bombay High Court has approved Sandvik Asia’s proposed resolution to reduce the share capital of the company by buying out minority shareholders at Rs 850 per share. In effect, the company can delist itself from the bourses, once the minority shareholders have been bought out.

“In our opinion, once it is established that non-promoter shareholders are being paid fair value of their shares, at no point of time it is even suggested by them that the amount that is being paid is anyway less and that even overwhelming majority of the non-promoter shareholders having voted in favour of the resolution shows that the court will not be justified in withholding its sanction to the resolution,” the division bench comprising Justice DK Deshmukh and Justice AA Sayed observed.

Legal experts say the verdict could have a bearing on the cases involving companies that want to delist from the bourses. Senior counsel Janak Dwarkadas, who appeared for Bharat Kumar Padamsi and others (minority shareholders), said they will move the Supreme Court against the division bench’s order.

Sandvik Asia’s lawyers argued that “a minuscule number of equity shareholders should not be permitted to override the vote or wish of the overwhelming majority of the equity shareholders of the company.”

It pointed out that the special resolution was passed by an overwhelming 99.95% of the shareholders. The promoters own 95.54% in Sandvik Asia.

“It means that only 0.05% of the votes polled by the equity shareholders present and voting were against and opposed the special resolution,” the company’s counsel said.

According to shareholders, who were against the resolution, their first objection to the share capital reduction scheme was that a public company that has invited participation from the public and wishes to retain its character as a public limited company cannot be permitted in law to extinguish the entire class of public shareholders by mooting a scheme for reduction of capital under Section 100-105 of the Act, so as to facilitate the real object of the scheme, that being to make the company a 100% subsidiary of promoters.




Transfer ban: HC notice to PU dept
http://www.dnaindia.com/report.asp?newsid=1254088
Srikanth Hunasavadi
Friday, May 8, 2009 14:11 IST
Bangalore: The vacation bench of the High Court of Karnataka on Thursday issued a notice to the Pre-University department with regard to an order banning students from shifting from one college to another during second year of the PU course.
Justice BV Nagarathna heard the petition filed by the Karnataka State Minorities Educational Institutions Managements' Federation and directed the government advocate to clarify whether this rule is also applicable to students from the CBSE and ICSE boards. The case has been adjourned to next Thursday.
The petitioner challenged the new circular issued by the commissioner of PU dept on April 21 that prohibits second year PU students from shifting to another college to pursue the course, starting from the academic year 2009-10.
Petitioner's advocate GR Mohan submitted that the circular is illegal and arbitrary and sought stay on it.
Apart from prohibiting students from changing their college to pursue the II PU course, the circular also insisted that institutions obtain an affidavit from the students who have gained admission in the IPUcourse, as well as their parents, for the year 2009-10, that they will not seek a change of college for the PU II course after passing the I year.




Guj HC designates nine judges for trial in 2002 riot cases
http://www.business-standard.com/india/news/guj-hc-designates-nine-judges-for-trial-in-2002-riot-cases/60934/on

Press Trust of India / Ahmedabad May 8, 2009, 13:02 IST
The Gujarat High Court has designated nine judges for as many special court to carry out the trial in the 2002 post-Godhra riot cases being probed by the Supreme Court-appointed Special Investigation Team (SIT), High Court officials said here today.
The High Court, in an order issued in this regard as per the SC judgement delivered early this month, has designated nine special courts, one for each case, which will become operational soon, they said.
Out of the nine special courts four will be in Ahmedabad, two each in Mehsana and Anand, and one in Himmatnagar of Sabarkantha district. According to the Court's order, additional sessions judge P R Patel has been designated to conduct the trial in the Godhra train carnage case which will be held in the premises of the Sabarmati Central Jail here.
Judge S H Vora and additional sessions Judge Jyotsna Yagnik will be presiding over the trial of Naroda Gam and Naroda Patiya cases respectively.
For the Gulburg society case, where Congress ex-MP Ehsan Jaffery was killed during the riots, Judge B U Joshi has been designated as judge for the special court.
For the two cases in Mehsana district -- Dipda Darwaja and Sardarpura -- the Court has designated Judge B N Kariya and Judge S C Srivastava respectively.
Judges S Y Trivedi and R M Sarine have been deignated to conduct trial in two riot cases in Khambodaj and Ode of Anand distict respectively. While for the riot case in Prantij taluka of Sabarkantha district where some British nationals were killed, Judge H P Patel has been deignated as judge of the special court which will be based in district headquarters Himmatnagar.
The Supreme Court on May 1 lifted stay on trial of nine cases including Godhra train carnage and post-Godhra riot cases and ordered day-to-day hearing by fast track courts in Gujarat.
It also took into consideration the report filed by Special Investigation Team (SIT) headed by former CBI director R K Raghavan which probed the cases. While vacating its stay order of November 21, 2003, the court had directed that witnesses be provided security for their safe passage and if necessary at their place of living during the trial.
The Court said that the SIT will act as a nodal agency to decide as to which witnesses in the case should be given protection and relocated. It also armed SIT with sweeping powers and said that it would be open to the SIT chairman to seek change of public prosecutors if any deficiency was found during trial.
The apex court also gave liberty to the SIT to recommend cancellation of bail if it is considered necessary.




HC holds hope for parents
http://www.sakaaltimes.com/2009/05/08114003/HC-holds-hope-for-parents.html
Reporter
Friday, May 08th, 2009 AT 11:05 AM
PUNE: Reeling from a steep fee hike, parents of students in private schools were in for a great relief as the state government on Wednesday clarified before the Bombay High Court that unaided schools will not be allowed to hike fees without the approval of the proposed school fee fixation committee.
The high court has set a deadline of eight weeks, i.e. June 30 for formation of the committee. School Education minister Radhakrishna Vikhe Patil had already announced setting up of such a committee, but the high court’s intervention will ensure its quick implementation, bringing the already announced fee hike by various schools under purview of the proposed committee.
School education department secretary Sanjay Kumar, in his submission before the court, clarified that such schools would have to restore fees to the previous level and seek fresh approval from the proposed committee. Circulars would be issued to all schools in this regard within a couple of days, he informed the court.
The government has not yet formulated the structure of the fee committee, said Vikhe Patil on Thursday. He told Sakal Times, “The committee will have quasi-judicial powers and hence has to be set up by legislation. We might take the course of ordinance as the monsoon session of assembly will not be convened before the deadline of June 30.”
The state government proposes to bring even schools of other boards like Central Board of Secondary Education (CBSE), Indian Council for Secondary Education (ICSE) and International Baccalaureate (IB) schools under jurisdiction of the committee. This is good news for parents, as the state education department did not have control over these schools until now.
The city has 313 while Pune district has 220 private schools. Many of them have hiked fees from the next academic year, to the extent of 35 to 40 per cent. Some schools have cut back the fee hike following opposition from parents.
TOUGH TASK AHEAD FOR PROPOSED COMMITTEE
If the experience of the fee committee for higher education is any indication, the proposed committee for private schools has a voluminous task in store. The state has 1,451 primary schools and 3,396 secondary private schools, which follow the state board syllabus. The number of schools with CBSE, ICSE and IB boards runs into a few hundred. The government will have to provide sufficient manpower and infrastructure to the proposed committee, else delayed proposals of fee hikes might snowball into controversies as presently seen in professional colleges, authorities fear.




P&H HC agrees to refer probe into PPSC irregularities to CBI
http://www.indlawnews.com/Newsdisplay.aspx?17d8ced1-93a4-45da-b3e1-654af4646777
5/7/2009
Punjab and Haryana High Court agreed to refer to CBI the inquiry into the irregularities allegedly committed in the selection of candidates for the coveted Haryana Civil Services and Allied Services in 2002 written examination and the interview conducted by the Punjab Public Service Commission.

For this, notice for May 12 has been issued to the CBI as the bench directed the concerned parties to spell out the points on which the reference is to be made to the CBI.

The Division bench of Chief Justice T S Thakur and Justice Hemant Gupta gave the order during resumed hearing on the joint writ petition of former Haryana minister Karan Singh Dala MLA and present chairman of Haryana Administrative Reforms Commission, and two unsuccessful candidates.

The bench also had a look at the answer sheet of a selected candidate Kuldhir Singh, who had attempted four questions but was given marks for five while he had neither written the note about a compulsory question nor drawn the mandatory map as required.

The selection, it was argued by Mohan Jain former Haryana Advocate General, was manipulated to benefit close associates and relatives of those in power.

It was pointed out that Kuldhir Singh is the son of Sher Singh Badshami, political advisor to the then Chief Minister O P Chautala.

UNI




MP HC directs issuing of notice to medical college
http://www.indlawnews.com/Newsdisplay.aspx?cdf94090-27aa-4d76-ba7f-15a26111d24a
5/7/2009

The Madhya Pradesh High Court issued notice to the respondents of a Medical College for not allotting PG seat to a handicapped girl despite her merit.

The Court also issued directives to the State Medical Education Department (MED) Director to be present in person in the court to give clarification.

Joint bench justices A K Patnaik and P K Jaiswal had accepted the petition of Dr Rakhi Mangal and issued directives to serve MED Director V K Saini and handicapped student Rajesh Tiwari with urgent notices.

The next date of hearing was fixed on May 13.

Petitioner’s Counsel Aditya Sanghi told the court that the seat was not allotted to Dr Mangal but was given to another handicapped student Dr Rajesh Tripathi, who had lesser marks.

The petition alleged that the discriminatory action was taken against Dr Mangal as she moved to the court last year alleging irregularities and the verdict went against the Director.

She said that the rest of the seats, if available, would be allotted to her after allotting seats to the students who had passed the 2009 examinations.

UNI



Put reservation provision on hold: HC to UP govt
http://www.indopia.in/India-usa-uk-news/latest-news/568749/UttarPradesh/1/20/1
Published: May 8,2009
Allahabad , May 7 The Allahabad High Court today directed the Uttar Pradesh government not to implement the provision of reservation in admission to private unaided colleges in the state till further order.
The order was passed by a Division Bench comprising Justice Sunil Ambawani and Justice Virendra Singh on a petition filed by one Sudha Tiwari.
The petition challenged the provision of reservation in admission to private unaided colleges in the state.
The Bench also directed the Centre and the state to file counter affidavits and fixed July nine for further hearing.





HC stays earlier ruling in PAL land case
http://www.indopia.in/India-usa-uk-news/latest-news/568760/Maharashtra/1/20/1
Published: May 8,2009
Mumbai , May 7 A Division Bench of Bombay High Court today stayed an earlier order by the Court in favour of Maharashtra Government in the Premier Automobile Land auction case.
Banking major ICICI is seeking to auction a land belonging to Premier Automobile Ltd (PAL) - Peaugeot near Dombivali after the latter went into liquidation.
But last year, the state government claimed that the land originally belongs to them, which was given to local gram panchayant.
Panchayat had transferred the land to PAL for a factory.
Therefore, the state said, that it would also have a share of the auction&aposs proceedings.
Justice R S Dalvi of the High Court had then upheld the government&aposs claim.
ICICI and other lenders, who are seeking to recover their loans to PAL through auction, later moved to the Division Bench against Justice Dalvi&aposs order.
Division Bench of Justices D K Deshmukh and R S Mohite today put a temporary stay to Justice Dalvi&aposs order and asked the government to file its affidavit within six weeks.
Land was auctioned last year.
Citra, a subsidiary to Indiabulls, had won the auction, But since its bid of over Rs 670 crore was below the reserve price, so it backed out. Fresh auction is yet to take place.

Source: PTI





Bombay HC to hear Anil Ambani’s yacht smuggling case
http://www.theroar.in/india/bombay-hc-to-hear-anil-ambanis-yacht-smuggling-case/
Posted by admin on 5/08/09
Mumbai, May 8 (ANI): The Bombay High Court will today hear a petition filed by the Anil Dhirubhai Ambani Group (ADAG) Company Ammolite Holdings challenging the seizure of the luxurious yacht ‘Tian’, which was chartered by the Reliance Transport and Travels Ltd, another ADAG company.
Division Bench of Justices F I Rebello and J H Bhatia will hear the matter.
The yacht was seized in February by the Customs Department for alleged tax evasion.
The Customs Department alleged that Ammolite Holdings had violated the Customs Act by “smuggling in” a luxurious yacht, which is believed to be a gift from Anil to his wife Tina Ambani.
The ADAG has denied that it “smuggled” a luxurious yacht into Indian waters. It claims that the yacht is having a foreign flag was not imported. It can sail in international as well as Indian waters. (ANI)




Court notice on granite quarrying after PIL alleges scam
http://timesofindia.indiatimes.com/Cities/Court-notice-on-granite-quarrying-after-PIL-alleges-scam/articleshow/4496960.cms
8 May 2009, 0459 hrs IST, TNN

CHENNAI: Indicating a multi-crore granite quarrying and royalty evasion scam in Tamil Nadu, a public interest writ petition has sought CBI probe into the matter and stringent action against deputy/assistant directors of geology in all districts for collusion.

A vacation bench comprising justice P Jyothimani and justice T S Sivagnanam ordered notices to the Departments of Industries and Geology and Mining, asking them to file their replies in four weeks.

The petition, filed by advocate Muthuraj on behalf of M Ramesh Kumar of Madurai, said royalty collected from quarries inexplicably fell by over 92 per cent in 2007-08 though the export figures revealed only a 11 per cent fall.

In other words, as against the royalty collection of Rs 3,200 crore in 2005-06 and Rs 4,641 crore in 2006-07, the government received only Rs 351 crore as royalty in 2007-08. During the corresponding period, the export revenue of granite dropped by only 11 per cent, indicating misappropriation on a massive scale.

Siva Kumar said the glaring disparity between the granite quarried and the granite exported highlighted the fact that miners, in collusion with officials, were blatantly carrying on illegal mining in Tamil Nadu.

When the petitioner sent separate questionnaire under the Right To Information (RTI) Act to various district authorities, either they said they did not have any mines in their jurisdiction or said they had no details pertaining to the width, length and deputy of granite pits, besides waste in the quarries.

Describing it as perpetration of annihilation of nature's beauty, the petitioner accused the government of permitting indiscriminate quarrying of sand, stone and valuable minerals in its eagerness to fill up the coffers. Authorities vested with the duty of protecting the nature's bounty, colluded with the perpetrators and caused loss of revenue to the tune of several thousand crores to the government, he said.

He wanted the High Court to order CBI probe into the issue and direct the government to take measurement of length, breadth and height of granite quarries besides taking stock of granites in quarrying area and waste lying therein. He also demanded action against all deputy directors and assistant directors of geology and mining departments in all districts for their failure to perform duty or abetment of the crime.





HC prod for clean fuel status
http://www.telegraphindia.com/1090508/jsp/jharkhand/story_10932578.jsp
OUR CORRESPONDENT
Ranchi, May 7: Jharkhand high court today questioned the Centre on its proposal to provide “clean fuel” to check pollution in the state capital.
The court, while hearing a PIL on vehicular pollution, directed the Centre to furnish an affidavit and explain what measures had been taken to ensure availability of clean fuel in Ranchi.
The petitioner, Rajnish Mishra, said that the city was reeling from pollution caused by commercial and private vehicles. Mishra alleged that the state pollution control board was not doing its duties and vehicles polluting the environment were still plying on city streets.
He said that the fuel used by commercial vehicles was not proper and its combustion caused more pollution. The Union government and the Gas Authority of India were responsible for providing clean fuel, he said, as per directions passed by the Supreme Court. Mishra also sought a ban on thousands of diesel autorickshaws running in the city.
“The diesel autos are manufactured in Lucknow and Pune, but are not allowed to run in those cities. These vehicles are known to be heavy pollution contributors,” the counsel for the petitioner said.
Clean fuel is basically liquified gas manufactured by Indian Oil Corporation for vehicles and the emission is negligible, he added.
The pollution control board filed an affidavit in the case and informed the court that it was running periodical checks of all vehicles in the city to check the level of pollution.
The board also stated that it does not have the authority to make available cleaner fuel as that was the prerogative of the Union and state governments.





350 posts for physically disabled lying vacant in UT’
Express News Service
http://www.expressindia.com/latest-news/350-posts-for-physically-disabled-lying-vacant-in-ut/456094/
Posted: May 08, 2009 at 0038 hrs IST
Chandigarh Nearly 350 posts meant for the physically challenged people are lying vacant in various departments of the UT Administration. Among these, 228 are waiting for direct recruitment since January 1, 1996 while 122 are lying vacant on account of non-promotion since January 1, 1986.
The data was furnished by the UT Administration in the Punjab and Haryana High Court during the resumed hearing of a public interest litigation (PIL) filed by All India Blind Employees Association.
Since January 1, 1996, only 203 physically disabled persons have been recruited. Of the 228 posts lying vacant, 68 have been advertised for but not filled till date due to the election code of conduct.
The data furnished by the Administration also reveals that 11,979 recruitments in all categories (Class A,B,C,D) have been made till date. Moreover, since 1989, only 39 physically disabled persons have been promoted.
The petitioner has sought instructions to fill up the vacant posts of physically handicapped persons in various departments of the Chandigarh Administration.
In February, the High Court had taken the issue seriously and warned the Administration to immediately fill up the vacant posts. The court had also reprimanded the Administration for not filling up the posts.
In February, the Bench had ruled: “We have made it clear that in case the requisite information is not made available to the court on the next date of hearing, we will be left with no alternative but to stay further appointments in all the departments till vacancies are set apart and handicapped candidates appointed against the same in terms of the Act.”




Bidari promises to produce missing girls before next week
http://timesofindia.indiatimes.com/Bangalore/Bidari-promises-to-produce-missing-girls-before-next-week/articleshow/4496938.cms
8 May 2009, 0005 hrs IST, TNN
BANGALORE : Police commissioner Shankar Bidari promised to produce missing girls before the court within a week while a high court division Bench asked the police to treat kidnapping and abduction of women, especially minor girls, as special cases. It also asked the police to depute elite officers to investigate those cases.

The Bench headed by Justice N Kumar made this observation when Bidari appeared before the court. "Every time I come across such cases I feel bad as I do have daughters. A day's delay in such cases can prove costly as it may result in the death of the girl or they may abuse her. Don't mix up these cases with others. Today's teenagers are more intelligent than the police. You need to carefully handle them. Make them separate, special cases and entrust the investigation to elite among you," said the judge.

Shankar Bidari explained to the court the various measures initiated by the police including a janata darshan programme to receive complaints.

"The abduction cases, which were 25 in 2005, 29 in 2006, 36 in 2007, 32 in 2008, have come down to just three in 2009. We have been impressing upon the DG & IG to treat these cases under the heinous crime category so as to depute personnel above the rank of police inspector to investigate them. For this, an amendment to the Karnataka police manual is needed," he said.

He also told the court that a sub-inspector from Indiranagar police station has been kept under suspension, and a message has been sent to Mysore SP to take action against the probationary SI of Nanjanagud for dereliction of duty.

As for the words in his statement which irked the court, Bidari clarified it was meant for his subordinates.

Indiranagar SI suspended: After the high court rapped the city police for the delay in tracing a 17-year-old girl who has gone missing for two months, Indiranagar sub-inspector Rangappa was suspended on Thursday for dereliction of duty. The suspension came after Rangappa failed to trace the girl who went missing on March 3 in Indiranagar police limits, while returning from college. A senior police officer stated that Rangappa's suspension came after he reportedly showed apathy in finding the girl. Later, the girl's parents approached the high court seeking intervention in the matter.

Doctors' strike case adjourned

The high court has adjourned the hearing of a suo moto PIL regarding the junior doctors' strike after the state government's statement that all doctors have resumed work.

Meanwhile, the Junior Doctors' Association filed an affidavit listing certain deficiencies in hospitals attached to four government medical colleges.

Co-op elections to resume

A division Bench has clarified that the election process to the hundreds of co-op bodies across the state can resume after May 16 when the model code of conduct relating to Lok Sabha polls comes to an end. It said there's no need to use any fresh notification.

KMF appeal dismissed

A division Bench has dismissed an appeal filed by KMF challenging the single Bench order facilitating the continuance of re-verification and re-examination of audited accounts from 2001-08.




To sit or not to sit: HC notice out


http://www.rtiindia.org/forum/19660-sit-not-sit-hc-notice-out.html
NEW DELHI: Caught napping by a Public Interest Litigation (PIL) that exposed how even after more than 20 years of a Supreme Court directive, Delhi High Court has failed to change its rules that could have allowed accused to sit, rather than stand in trial courts, HC on Wednesday issued the notification.

In 1981, SC had directed all HC's across the country to change the criminal manuals so that accused can sit while attending trial in courts. But it took a PIL by one Awadh Bihari Kaushik, filed earlier this week through lawyer R K Saini, to get HC administration moving. Interestingly, the PIL relies on an RTI plea filed in HC that revealed that no steps were taken all these years by HC to implement the SC order.

A division bench headed by Chief Justice was informed by the HC administration that a notification has been issued while the bench was hearing the PIL. HC then directed the city government to publish the notification in the gazette as early as possible. It will however, come to force after it is published in the official gazette.

The notification says that all judges should permit an accused to sit down during trial proceedings, making an exception only when a judge approaches his seat to start proceedings.

In his PIL Kaushik complained that despite an order from the apex court, the fundamental right of the accused person is being violated when they stand in the court room for several hours if the trial proceeding stretches for hours. Citing a trial going on at a district in the capital, Kaushik, a lawyer himself informed HC that the accused collapsed in court as he had to stand continuously. "This incident shook my conscience and made me do something for the sitting rights of an accused during the course of trial,'' the PIL says.




Court orders temple eviction
http://www.telegraphindia.com/1090507/jsp/jharkhand/story_10926842.jsp
OUR CORRESPONDENT
Ranchi, May 6: Jharkhand High Court today direc- ted the East Singhbhum district administration to take immediate steps to free the premises of two ancient temples in Adityapur of encroachers.
A division bench of Chief Justice Gyan Sudha Mishra and Justice D.K. Sinha also directed the state to construct a boundary wall around the temple, if required, to keep encroachers away.
In a public interest litigation (PIL) filed by one Mahesh Khariwal, it was said that encroachment and unwanted constructions on the premises of the two anci- ent temples of Sitala and Hanuman in Adityapur had become a common scene, which was affecting the environment of the place.
Khariwal in his petition had said that the temples were occupied by Bangladeshi immigrants, who were living on the premises.
The petitioner also said that the place had become dirty and the people, mostly illegal immigrants, were polluting the environment. They drank and littered the area, the PIL said.
The temple is thronged by a large number of pilgrims and devotees, who come from far-off places, and they have to go through a harrowing time due to these illegal immigrants, Khariwal said in the litigation.
They consume alcohol and other intoxicants inside the temple premises, the PIL said. The encroachers also consumed meat and fish and littered the temple premises which made the place stink, the petitioner said.
The court had earlier directed the state to enquire into the matter and furnish an affidavit with regards to the current status of encroachment on the temple premises.
The bench today obser-ved that the encroachers should be removed at the earliest and the premises made free of any unwanted constructions for the benefit of devotees.





Auto strike off, Rs 10 for 1st km, Rs 7 thereon
http://www.expressindia.com/latest-news/auto-strike-off-rs-10-for-1st-km-rs-7-thereon/455761/
Express News Service
Posted: May 07, 2009 at 0304 hrs IST
Pune From Thursday, Puneites will be paying a fare of Rs 10 for the first kilometer and Rs 7 for every subsequent kilometer, as all rickshaw unions called off the autorickshaw strike at around 9.30 pm on Wednesday.
The settlement was reached after the RTA and the rickshaw unions held talks, led by Ajit Pawar, Wedneday afternoon, in Mantralaya, Mumbai.
“Across the state, it is Rs 7 for every subsequent kilometer after the first slab. The RTA told us that if a commuter files a PIL, they would be helpless, which is why we have withdrawn the strike,” said Bapu Bhave, secretary, Pune City Autorickshaw Federation.
Not too many autorickshaw drivers were happy with this decision. “What were we doing all these days then? This is a breach of faith by the union leaders. They have been compromised,” said an autorickshaw driver. “We are not satisfied. It feels like we have just about passed in an examination, not secured a distinction,” admitted Baba Adhav, president of the Rickshaw Panchayat, speaking to the media after he broke his fast late in the evening.
Earlier in the day, RTA officials said that the Rs 10 per km offer for the first kilometer had been made as a compromise. “It was the guardian minister Ajit Pawar who put forth the idea,” said Dilip Band, RTA chairperson.
“We proposed Rs 10 to settle the matter. The strike has been going on for so many days and we felt even the unions should feel like they have gained,” said RTO Chandrakant Kharatmal, who is the secretary of the RTA.
However, till evening, talks had proved inconclusive as the autorickshaw unions and the RTA left Mumbai without reaching a conclusion. The unions had been pushing for Rs 7.50 per extra kilometer 50 paise more than what the RTA was willing to offer. But pressure had been building on the striking autorickshaw drivers, as the RTA had managed to drive a wedge between the unions on Tuesday. The Pimpri Chinchwad unions had called off the strike after the RTA agreed not to enforce its “ply by meter” notification.
Nana Kshirsagar, of the Maharashtra Rickshaw Sena, said his union had withdrawn from the strike. On Wednesday early morning, his office was ransacked, allegedly in retaliation to this move. “More than five days of strike have passed, the auto drivers are poor, they need to earn their living. We withdrew because we couldn’t continue this way,” said Kshirsagar.
As Tuesday drew to an end, helplessness and strain had set in among many autorickshaw drivers as well, who were spending the hours counting their losses. “We do not have any other means of livelihood; it is a loss of around Rs 500 a day. We obviously want it to end as soon as possible, many of us are fed up but raising voice against this is impossible,” an auto driver had said earlier on Wednesday.
One driver said his union leader had refused to give the approval letter to ferry his sick child in his own autorickshaw to the hospital. “They told me to call for an ambulance. It was beyond what I could afford,” he said. Auto rickshaw drivers said they were scared to move out in their autos for fear of attack. “Not only were we losing money, we had to travel everywhere by bus,” said another driver.




The Capitalist | RCom thrives in adverse global meltdown
http://www.livemint.com/2009/05/06230038/The-Capitalist--RCom-thrives.html
Overall, RCom earned a PBT of 8% on capital employed. Finally, in terms of return on net worth, RCom earned a respectable 21%
Inconvenient Questions. Relevant Answers | RN Bhaskar
Despite a slowdown in the economy, Reliance Communications Ltd (RCom) appears to have thrived. If one takes its recently announced results into account, some very interesting facts come to light.
Also See Big Gains (Graphic)
First, while the entire corporate world was burdened by financial charges, RCom managed to recover not only the Rs938 crore it paid out during the nine months to December, but also managed to end the year to 31 March with a surplus of Rs787 crore. In other words, just between January and March 2009, RCom managed to earn over Rs1,724 crore as finance charges. It made money on money at a time most fund managers thought that it was the most difficult thing to do.
This translates into a 6.46% return on gross debt, which when annualized works out to a whopping 25.8%. While talking to financial analysts at an earnings conference call in January, group managing director Satish Seth had said: “Finance charges comprise of interest income and expense, foreign exchange gains and losses, including foreign exchange gains on bank balances and financial investments and amounts receivable from foreign subsidiaries. A composition of this is giving a net result of income.”
Also Read R N Bhaskar’s earlier columns
Also, look at the profit for ordinary activities before tax (PBT). During the nine months ended 31 December, PBT stood at Rs1,224 crore. The three months to March saw it soar to Rs6,135 crore. This means that in just three months RCom earned a PBT of Rs4,911 crore. While this represents just 6.4% on its capital employed, when annualized it works out to an impressive 25.7%.
Overall, RCom earned a PBT of 8% on capital employed. Finally, in terms of return on net worth, RCom earned a respectable 21%.
It just goes to show that when it comes to making money on money, global meltdowns mean little for adroit players such as RCom.
===========================
Power breakdown
An unexpected consequence of the economic downturn is that—more than ever before—state electricity boards are likely to show up some of the largest deficits in history. While the figures are not out as yet, bureaucrats and legislators are still fumbling for an escape route to hide the losses that have mounted.
The reason for their discomfiture is not hard to find. The downturn has caused many companies to cut back on production. That has meant poorer offtake of electricity. While it may be good news for urban and rural households, which have faced fewer power cuts in this sweltering summer, it has also meant lower offtake by the best paying sector of the economy—the corporate sector.
As may be known, the corporate sector actually subsidises power supply to farmers and rural folk, many of whom get electricity virtually free of cost, either because they steal power or because of populism, which has been fed and encouraged by politicians.
Politicians promise free power hoping it will bring in votes. And the corporate sector, followed by the urban household sector, pays high tariffs instead, as they must compensate for the dispensation of free or subsidised power.
How high are power tariffs for the corporate sector? Well, take one good example. Reliance Energy Ltd—which does not have to subsidise the dispensation of cheap power to the agricultural sector—is already the provider of the most expensive power to the corporate sector in Mumbai, for which it has a distribution licence. It sells power to business at a minimum cost of Rs10.41 per kWh. In many cases, the costs can be a lot higher. All of a sudden, with significantly lower cross subsidies available from the corporate sector, the cost of offering cheap or free power to the masses has begun to pinch.
Add this to India’s fiscal deficit and the number will be even more horrifying.
==============================
Slush funds
India’s bureaucrats must actually think that the country’s judges are dumb! How else can one explain their belated efforts to write to the Swiss banks asking for names of Indians who have accounts with them? Does any businessman or politician keep money in his own name? Were any of the Quattrocchi funds traced to any account held in the name of Ottavio Quattrocchi?
All these funds are normally kept in the names of companies which are listed in tax havens, which protect the name of the actual shareholder or operator.
What Indian bureaucrats and legislators should be doing is to join the global demand for more disclosure of shareholders of companies listed in these tax havens—St Kitts, Isle of Man, Channel Islands, et al. Merely writing to the Swiss banks will not be enough.
In fact, it is only after the Supreme Court took cognizance of the public interest litigation (PIL), asking for the government to begin tracing the list of people with accounts overseas, that the courts began asking the question this column asked almost four months ago.
How is it that a man (Pune-based stud-farm owner Hassan Ali Khan) who had four passports (some of them were obviously forged) was not kept behind bars? And how is it that in spite of the enforcement directorate producing details of bank accounts which showed laundering and transfer of funds worth $8 billion (Rs39,600 crore), not a single property of the person and his family was seized nor any application made to the banks overseas to freeze the funds?
Here’s hoping that some good will finally come out of these disclosures.
R.N. Bhaskar runs a company with significant interests in distance learning and examination certification and writes on corporate and business policy issues. Comments on this column are welcome at capitalist@livemint.com
Graphics by Ahmed Raza Khan / Mint




(Rpting after correcting a word in 4th line) HC restrains farmhouses on farm land from allowing function

http://www.indopia.in/India-usa-uk-news/latest-news/567152/Delhi/1/20/1
Published: May 6,2009



New Delhi, May 6 The Delhi High Court today restrained the farmhouses constructed on agricultural land in the national capital from allowing marriage or any other function in their premises and asked court rpt court officers to conduct surprise checks to ensure misuse of farmhouses.
The orders were passed by a bench headed by Chief Justice A P Shah which also the registrar general to appoint two officers to conduct surprise visits and submit a report to the court.
The Bench was hearing a PIL alleging MCD officials were not taking action against farmhouses accused of violating the guidelines and misusing the properties.
In November 2007, following a direction from the Court, MCD had issued guidelines asking all farmhouses to make the public roads free for traffic movement and farmhouse owners were asked to have sufficient space for parking of vehicles belonging to guests within the premises.
Source: PTI




HC wants govt to fast-track SAT appointments
http://www.moneycontrol.com/india/news/business/hc-wants-govt-to-fast-track-sat-appointments/396462
Published on Wed, May 06, 2009 at 16:31 , Updated at Wed, May 06, 2009 at 18:36
Source : CNBC-TV18
A public interest litigation (PIL) filed against the government at the Bombay High Court has sought attention to the backlogs at the Securities Appellate Tribunal (SAT). The tribunal needs two more members to pass final orders, who, it is believed, have already been selected in November but haven't been appointed yet. The Bombay High Court observed today that these appointments should be made without any further delay.
Somasekhar Sundaresan, the SAT PIL Petitioner Partner, J Sagar Associates, said, “The court has asked the government to make the appointments. The government said that it is pending with the Cabinet Committee for Appointments. The court has fixed a date of six weeks within which the government believes it would make the appointments and take the matter forward.”
“We did point out that in the last 30 days, the Air India Chairman has been replaced twice and the Appointments Committee of Cabinet seems to be quite actively dealing with other matters but not the judicial appointments. So one can only hope that the government acts quickly. However, they will have to be put back to the court in six weeks,” he added.
Sundaresan further spoke about the effect this has had on the SAT tribunal machinery and how has the delay in appointment affected the day-to-day work.
“This is denial to statutory right to appeal. The SEBI Act enables appeals against all action and decisions of SEBI, it's a statutory rights that's available and because judges are not there that statutory rights have been denied. Hence, a tribunal, which has brought pendency down to 90-80, the backlog has now gone up to 140-150. So this is one of the best performing tribunals in the country but the government seems to be apathetic towards it,” Sundaresan concluded.




Swiss bank: The Big Lie!

Swiss authorities claim that the Indian government submitted "forged" documents in the $8 billion Hassan Ali case. Has finance ministry lied to the Supreme Court?
Exclusive report By Sanjay Kapoor Berne/New Delhi
Someone is not telling the truth. Is it the Union finance ministry of the UPA government in Delhi, performing its last tango, caught in what is clearly a 'Swiss Bank Tangle'?
Last week in the Supreme Court, the central government's solicitor, responding to a Public Interest Litigation (PIL) that demanded government's action on retrieving Indian black money stashed in Swiss banks, had given the names of three Indians and how the agencies were following up on their case.
In a 29-page affidavit, the government had detailed the action it had taken against Pune-based stud farm owner, Hassan Ali Khan, his wife Rheema and Kolkata-based businessman, Kashi Nath Tapuria, who allegedly were holding $8 billion in an UBS account in Switzerland.
The Enforcement Directorate (ED), on its part, has issued a show cause notice to Khan for contravention of Foreign Exchange Management Act, 1999 after it found out during a raid in January 2007 that Khan had deposited around 8 billion dollars at the UBS Bank. The Income Tax department has raised a total demand of Rs 71,848.59 crore against Khan, his wife Rheema and other associates. Investigations so far have revealed overseas bank accounts of Kashi Nath Tapuria and his wife. The ED has seized their passports.
Hardnews travelled to Switzerland to chase a story on the Indian black money and Swiss Bank transparency issue, and learnt to its surprise that there was a manifest truth deficit on this issue. The most scandalous was the assertion by the Swiss justice ministry on the celebrated case of the mysterious Hassan Ali Khan and his account in Switzerland. In a communication from Folco Galli, Information chief of Eidgenössisches Justiz-und Polizeidepartement (EJPD) Bundesamt für Justiz (Swiss Department of Justice and Police) BJ, Berne, Hardnews was informed that the Indian authorities submitted "forged" documents to seek assistance on the Hassan Ali Khan case. Galli's reply to Hardnews on this case is precise and direct and does not need any interpretation. Galli talks about $ 6 billion and not $ 8 billion as it is made out to be. Here is his categorical reply:
"In January 2007, Indian authorities have submitted in the case of Hassan Ali Khan a request for legal assistance to the Federal Office of Justice (FoJ)... In the same month, the FoJ informed the Indian authorities as follows: Concerning the presumed transfer of 6 billion USD, domestic inquiry has revealed that the banking information provided with the request for legal assistance are forged documents. Accordingly, the supposed transfer to UBS accounts has no reality.
Concerning the request Swiss authorities need some specification in order to be able to examine and possibly to accept and execute it:
- a confirmation that the Indian investigation is a criminal one (no tax or related investigation)
- a better description of the predicate offences which are object of the Indian money laundering investigation
- to show the relation between the predicate offences and the accounts in Switzerland... In March 2007, the Indian Embassy submitted some complements to the FoJ.
In April 2007, the FoJ informed the Embassy that the complements don't include the necessary specification. Without these information, Swiss authorities can't examine whether the conditions to grant legal assistance are fulfilled or not. Indian authorities haven't submitted the necessary specification so far."

To reiterate, Galli says the following: first, the documents that were given by Indian authorities were forged and, therefore, the transfer of Indian funds to UBS accounts "has no reality". Swiss authorities want to provide further assistance in that case if the Indian authorities could satisfy the Swiss government's demand to establish dual criminality - what is crime in India is a crime in Switzerland. The Swiss also wanted to know whether Khan's offence was an object of Indian money laundering. Since April 2007, Indian government has not responded to Swiss authorities on this issue.
Interestingly, Supreme Court, too, had asked why the Indian government had not slapped money laundering charges against Khan and Tapuria.
Galli, in his communication, also informs that most requests for legal assistance come from neighbouring and other European states. "The Indian authorities submit only a few requests per year to Switzerland." Galli did not elaborate on the quality of these requests and what came of them.
This is not the first time that the Swiss had problems with Indian documentation. Even in the Bofors case, Swiss courts had refused to entertain some of the documents as they were illegible. The moot question is: were forged documents created deliberately to prevent transfer of funds to India or the account does not exist at all?
Galli's answer does not preclude the possibility of such an account as he expects the Indian government to furnish more authentic details to take the probe further. Evidence that the account may exist lies in the huge fine that has been imposed by income tax authorities on Khan and his associates. The question is: who are behind this charade?
It seems that the UBS managed to convince the Reserve Bank of India (RBI) of their integrity, which had put their license on hold for retail banking in India claiming lack of cooperation in tracking Hassan Ali Khan's money trail. The ED that looks into foreign exchange related crimes gave the clearance seemingly after giving credibility to Swiss government claims. It is reasonable to infer that both the ED and Swiss Bank were on the same page on the quality of evidence against Khan. Earlier, Swiss Bankers' Association president Pierre G Mirabaud, during a visit to India last year, had put the onus of getting to the truth on Khan's money trail on New Delhi.
Another aspect investigated by Hardnews was how much of Indian funds are stashed in the Swiss banks. Is it really Rs 70 lakh crore as claimed by BJP's prime ministerial candidate or is it less? It was important to get an official view from the Swiss Bankers' Association and square it with all the figures bandied around in India.
The Swiss Bankers' Association Communication Director, James Nason, told Hardnews in Berne about the money held in their accounts. The Swiss National Bank, Nason stated, comes out with details of bonds and securities held in custody account in Switzerland. At the end of 2008, the total was 3,822 billion CHF (Swiss Frank = Rs 43). Out of this, 2,190 billion CHF was of foreign entities that included the government, institutional and private etc. Indians had 4,306 million CHF liabilities; this includes both the custody and fiduciary accounts. China, on the other hand, had 15,650 CHF alone in custody account. Nason reiterates that all of this is not "private money", it could be government, institutional or whatever.
Those who know the ways of Swiss banking like the author of the celebrated book on Swiss banking, (Switzerland - a rogue state?) Viktor Parma, claims that the banks in his country do not give information readily and are good at buying time. They were forced to yield to US demands under President Barack Obama as it enjoys a privileged position. The big question is: will the Swiss treat India, even if LK Advani becomes the prime minister and chases these funds, with some amount of respect?
Sanjay Kapoor is the Editor of Hardnews monthly magazine and the author of Bad Money Bad Politics - The untold Hawala story.




HC notice to Nandi
http://timesofindia.indiatimes.com/Allahabad/HC-notice-to-Nandi/articleshow/4493512.cms
7 May 2009, 0722 hrs IST, TNN
ALLAHABAD: The Allahabad High Court has issued notice to Nand Gopal Gupta alias Nandi, cabinet minister for institutional finance stamp and registration, UP to file a counter affidavit in a writ petition filed by a state government employee.

Issuing notice to the minister, the court observed that notice will indicate that the counter affidavit is to be filed by the minister within eight weeks. Justice Rakesh Tiwari, passed this order on a writ petition, filed by Raj Narain Singh Yadav, who has challenged his transfer made by the government on the instance of the minister.

The petitioner was transferred from the office of Chief Medical Officer (CMO) Allahabad to the CMO office, Pratapgarh on the post of junior engineer (Civil) on March 2, 2009. The counsel, appearing for the petitioner, CB Yadav contended in the court that the petitioner was transferred from Allahabad to district Pratapgarh under the influence of the cabinet minister in UP. The counsel had also appended the letter of the minister in this regard and also made the minister party in the writ petition.

The standing counsel opposed the writ petition and argued that there can be no hard and fast rule that every transfer made on the instance of an MP or MLA would be vitiated. It all depends on the facts and circumstances of an individual case. In support of his argument, the state counsel relied upon a case law reported in 2007 (8) SCC, 150 (Mohd Masood Ahmad Vs State of UP and others).

The court after hearing the parties directed to hear this case after expiry of eight weeks. The fact of the case was that the petitioner was working in the office of CMO, Allahabad from 2005 and was transferred to CMO office in district Pratapgarh, allegedly on the instance of the minister.




Tag newborns and parents, HC tells civic hospitals
http://timesofindia.indiatimes.com/Mumbai/Tag-newborns-and-parents-HC-tells-civic-hospitals/articleshow/4493120.cms
7 May 2009, 0327 hrs IST, Shibu Thomas, TNN
MUMBAI: In a bid to end the rising number of thefts of newborns, the Bombay high court on Wednesday framed guidelines for civic hospitals, including round-the-clock security and biometric identification systems for infants.

Following suggestions drawn up by a committee of lawyers, a division bench of justices Ranjana Desai and Rajesh Ketkar asked the BMC, government and semi-government hospitals across Maharashtra to implement it. "These are remedial measures to prevent theft of babies from hospitals,'' said the judges asking the corporation and state to inform the court of progress in implementing the guidelines by August 6.

The measures suggested include security guards equipped with walky talkies and restricted visitor entry to wards housing children. Within two hours of a baby being born, the hospital will have to record the child's biometric footprints as well as birth marks in the infant register. The baby as well as its parents will be tagged with matching identifications bands during their stay in the hospital.

Hospitals will also have to install CCTVs for monitoring the premises and LCD TVs at strategic locations to disseminate information. The staff will be provided with identification badges and no baby will be allowed to be taken out of the ward without the permission of the sister-in-charge. Hospitals which do not have the biometric system will have to install the facility within six months, the court said.

The HC's orders came on a petition filed by Chembur couple Mohan and Mohini Nerurkar whose new born son was kidnapped from Sion hospital in January 2009. The court had earlier asked the BMC to deposit Rs 5 lakh towards compensation to the Nerurkars. Subsequently, the high court set up a committee comprising advocate general Ravi Kadam, and senior advocates K K Singhvi and Rafique Dada to draw up guidelines to increase security at hospitals.

Public prosecutor Satish Borulkar submitted a fresh report on the police probe. The baby and the woman who is suspected to have kidnapped the child are yet to be traced, he stated in his report. The court admitted the petition and also asked the Mumbai police to double its efforts to locate the missing baby.




HC seeks ADAG reply on yacht's `duty evasion'
http://timesofindia.indiatimes.com/Cities/HC-seeks-ADAG-reply-on-yachts-duty-evasion/articleshow/4493130.cms
7 May 2009, 0345 hrs IST, Swati Deshpande, TNN
MUMBAI: The five-cabin Rs 100 crore Yacht Tian that Anil Ambani bought from Italy is still out of bounds for him. On Wednesday, the Bombay high court gave the Anil Dhirubhai Ambani Group (ADAG) time till Friday to file its reply to the customs' claim that the company was avoiding payment of Rs 28 crore as duty.

The customs authorities had seized the yacht in February that was imported in November last year. By then, it had already sailed to Goa on December 27, 2008, carrying on board "14 prominent passengers, including Anil Ambani and his family''.

The yacht is at present locked and docked off the Gateway of India. The customs authorities say that the foreign-flag yacht was brought in as cargo and hence, attracts import duty and a guarantee of Rs 15 crore. The Anil Ambani group of companies, through their solicitor Shrikant Doijode, said it was brought in as cargo only for convenience and could easily have sailed. "We were forced to deposit Rs 25 crore, but the yacht was still seized,'' said ADAG.

The customs department told the court that the yacht is built to sail within harbour and coastal area or lakes and not meant for sailing to Colombo. But ADAG said the vessel had got permission to sail to Colombo and then to the Maldives.

"The company has used the imported luxury yacht without completing its duty liability and intended to evade duty,'' said S R Vichare, assistant customs commissioner.




HC stays school fee hike
http://timesofindia.indiatimes.com/Cities/HC-stays-school-fee-hike/articleshow/4493711.cms
7 May 2009, 0419 hrs IST, Shibu Thomas, TNN
MUMBAI: In a huge, albeit interim, relief to parents across the state, the Bombay high court on Wednesday restrained schools in the state from hiking their fees. A division bench of Justice J N Patel and Justice Mridula Bhatkar granted the order following an assurance from the Maharashtra government that it would indeed set up a committee to monitor and regulate school fees (reported in TOI on May 2).

"Schools that have already hiked their fees for the new academic year will have to restore them to the pre-hike level," Sanjay Kumar, principal secretary (school education), told TOI. "Schools that wish to hike their fees will have to file an application before the proposed fee fixation committee. This committee will take the final decision on the matter," he said, adding that the committee would be set up in about eight weeks.

Wednesday's court order came in the wake of a petition filed by around 160 parents of students studying in the Bal Bharati Public School in Kharghar. Around 1,800 students study in the school which follows the CBSE syllabus. The parents complained that the school, which was charging around Rs 1,400 per month as fees, had hiked them by 50% for the next academic year which commences in June.

Kumar told the high court that the circulars would be issued to all schools in the state in this regard within a couple of days.

There are around 775 aided schools in Mumbai which charge nominal fees. In addition, there are close to 600 unaided schools, which follow various syllabi, including CBSE, ICSE and IB. Many of these schools have hiked their fees steeply this year, evoking howls of protest from parents already hit hard by the economic slump. What's more, there was no corresponding improvement in the teaching or facilities offered, they complained.

Last week, state education minister Radhakrishna Vikhe Patil had said that the new proposed body, to be set up on the lines of the Shikshan Shulka Committee that regulates fees for higher and technical education , would monitor the fees of SSC, ICSE, CBSE and IB schools.

Parents, while welcoming the order, were however waiting for clarifications. "In recessionary times such an order is welcome. But, what about parents who have already paid the fees for the next academic year?" asked Sarita Deshpande of Borivli.




CBI draws HC flak for delayed trial in graft case
http://www.expressindia.com/latest-news/cbi-draws-hc-flak-for-delayed-trial-in-graft-case/455666/
RAGHAV OHRI
Posted: May 07, 2009 at 0123 hrs IST
Chandigarh With a case pending for the last 18 years, the Punjab and Haryana High Court has pulled up the Central Bureau of Investigation (CBI) for its “lapses”.
After registering a corruption case against five residents of Ambala in 1991, the agency is yet to complete evidence in the case. In January 2008, a lower court in Ambala refused to entertain the CBI’s pleas seeking adjournments on the ground that it had to examine witnesses and “closed evidence” in the case. While there were a total of 29 witnesses in the case, 10 of them died during the course of the trial, while only 12 were examined.
The five accused in the case had allegedly forged liquor permits issued by the Haryana government to illegally supply liquor in Mizoram.
Passing strictures against the agency, Justice Kanwaljit Singh Ahluwalia partly allowed its appeal that challenged three orders passed by the Ambala court. “In the present case, the CBI has not acted with due diligence. There are many lapses. They have been casual in their approach,” the judge held. While the CBI’s counsel said only two witnesses remained to be examined, the defence counsel said the two did not even figure in the list of witnesses and that a subsequent application had been given that these two were required to be examined. The High Court also took strong exception to the fact that only one revision petition was filed for challenging three separate orders of the trial court.
“It was expected that orders in two revision petitions should have been separately challenged before this court. All three orders passed by the trial court should have been assailed by filing different petitions. Since the CBI has wasted a lot of time by repeating the same demand before the trial court and then approaching the revision court, which had no jurisdiction, I am of the view that if this petition is thrown on this technicality, again a lot of time will be wasted,” the court observed.
The HC held that the trial court had rightly exercised discretion and “closed the evidence” on the ground that the CBI had availed itself of countless opportunities, but failed to examine witnesses. It was also concerned that the present case was the oldest in the trial court, the judge said.
“This court is of the opinion that a balanced view is to be formulated — neither the prosecution should be put to disadvantage, nor the accused should suffer agony. A protracted trial of 18 years will not disentitle the CBI from one effective opportunity,” Justice Ahluwalia added.
The petition was disposed of with the direction that on the next date of hearing, May 26, the CBI would be at its own risk and should endeavour to examine the two witnesses. The entire deposition of the two witnesses will conclude on May 26.
The counsel for the accused demanded that heavy cost should be imposed in case the CBI’s plea was accepted. The court, however, did not entertain this, “taking into consideration that CBI is a government organisation and the cost awarded will burden the public exchequer”.




State may go to SC over HC fiat on English
http://timesofindia.indiatimes.com/Cities/State-may-go-to-SC-over-HC-fiat-on-English/articleshow/4493664.cms
7 May 2009, 0315 hrs IST, TNN
BANGALORE: The language issue in schools is coming to a head again. The Karnataka High Court had directed the state government to permit English medium schools. Now, the state government may approach the Supreme Court for stay on the order.

Primary and secondary education minister Visvesvara Hegde Kageri told reporters here on Wednesday that on April 6, the high court set a deadline of four weeks for the order to be implemented.

The court had given its verdict on this issue in July 2008. After consulting educationists, the government filed an appeal before the SC. Since the apex court hadn’t taken up the case so far, the high court on April 6 set a four-week deadline for the government to allow English medium schools.

“We don’t want to face contempt the court charges. Therefore, the government decided to approach the SC for a stay on the high court’s order,’’ Kageri said.

The 1994 language policy was challenged by the Association of Management of English Medium of Karnataka (KAMS). K S Krishna Iyer, general secretary, KAMS, said this was quashed by a full Bench of the high court in 2008.

“The judgment clearly states that every citizen has the right to select the medium of their choice. Judgment of the full Bench was challenged by the government in the Supreme Court,” he said.

The government filed a Special Leave Petition in the apex court challenging the full Bench judgment. “As the SLP is yet to come for hearing, the government filed an interim prayer to stay the full bench judgment,” he said.

Many schools have applied to the government seeking permission for English-medium schools. “But the government refused, stating that the case is pending before the SC,” he said. Later, the schools went to the high court stating the government is not giving permission to start English-medium school.




HC redifines extra commission retained by travel agents
http://www.business-standard.com/india/news/hc-redifines-extra-commission-retained-by-travel-agents/357364/

Anindita Dey / Mumbai May 7, 2009, 1:05 IST
In a ruling that could severely hit the revenues of international airlines, the Delhi High Court has said that supplementary commission retained by the travel agent is not commission within the meaning of section 194H and is liable for tax to be deducted at source (TDS).
The judgment delivered last month was in response to the appeals filed by 12 airlines — Singapore Airlines, KLM Royal Dutch, Pakistan International Airlines, Kuwait Airways, Air France, Thai Airways International Public Co Ltd, British Airways, Air India, Belair Travels and Cargo and United Airlines. Both Kuwait Airways and Air France had filed two appeals on a similar issue.
Supplementary commission is paid when the airline supplies blank tickets to travel agents in bulk for on-selling to customers. This is different from the standard commission received by travel agents from an airline, which is on the basis of the total volume of business.
Section 194H, which deals with commission or brokerage, and states that any person, who is responsible for paying, on or after the 1st day of June, 2001, to a resident, any income by way of commission (not being insurance commission referred to in section 194D) or brokerage, shall, at the time of credit of such income to the account of the payee or at the time of payment of such income in cash or by the issue of a cheque or draft or by any other mode, deduct income-tax thereon at the rate of ten per cent.
Commission or brokerage for this section includes any payment received or receivable, directly or indirectly, by a person acting on behalf of another person for services in the course of buying or selling of goods or in relation to any transaction relating to any asset, valuable article or thing, not being securities. Securities for this section means shares and bonds which are tradable.
The twelve airline assessees argued that since the money realised by travel agents, over and above the net fare to the airlines, was solely on account of their efforts, the same cannot be considered as commission within the meaning of section 194 H of the Income Tax Act.
This is because, these airlines were not the source of money received by travel agents over and above the net fare, stated the airline assessees. In addition, they said that neither the difference between the published and the net fare was credited to the accounts of the travel agents, nor was the payment of difference between the two paid by the airline to its travel agents.
However, the court said that travel agents act on the behalf of airlines and established a relationship between the airline and a third party — the passenger. By entering into such a legal relationship on behalf of the airlines, the principal-agent relationship was confirmed, which was one of the basic requirements for attracting the provisions of section 194H, it said.
A similar petition was also filed by Lufthansa German Airlines but the airlines offered tickets to the travel agents at a concessional price. “The difference in real price and the concessional price of the tickets cannot be termed as commission since they are offered for personal use of travel agents and are non transferable,” the high court said.
Lufthansa was the only airline to have got a relief in the case. All others will have to pay tax in response to the notice sent to them for assessment years 2001-2, along with the interest due.




Delhi HC pulls up Prasar Bharati CEO
http://www.hindu.com/thehindu/holnus/001200905061752.htm
New Delhi (PTI): The Delhi High Court on Wednesday pulled up Prasar Bharati Chief Executive Officer B S Lalli for bypassing the public broadcaster's Board and making it "virtually redundant".
"We will not let the CEO to work in this manner. Some eminent persons are on the board and he cannot bypass the board," a bench comprising Chief Justice A P Shah and Justice N K Kaul said while asking Prasar Bharati to file a response on the allegation.
"The Board has become virtualy redundant because of the conduct of the CEO. There has to be some accountability and you file a detailed affidavit by the next date of hearing," the bench said.
The court's observations came while hearing a PIL seeking its direction to the Centre to remove the CEO whose tenure has been extended by the government.
The petitioner, Centre for Public Interest Litigation, an NGO, also sought an independent investigation into the allegations of financial irregularities by the CEO.
"He is acting with complete impunity and disregard for the directions and concerns raised by the Board regarding the instances of financial irregularity and his autocratic functioning," advocate Prashant Bhushan, appearing for the petitioner. said.
"The CEO is holding the office illegaly, despite the expiry of his term on April 21 on the basis of clarificatory note issued by the government which is against the statutory provisions of the Prasar Bharati Act," the petitioner said.
The broadcaster, however, refuted all the allegations and said the CEO's tenure is protected under the old law.
"There is no ambiguity and misrepresentation of the Act," Additional Solicitor General Parag Tripathi appearing for the public broadcaster said.
The court, however, was not satisfied by his response and asked him to file an affidavit.
"You cannot go beyond the statute with regards to continuance of his tenure," the court said adding "the Board is the supreme authority and it should not be sidelined."
Then petitioner pointed out that the government had in 2008 amended the Act under which age of superannuation for the CEO was increased from 62 to 65 years.
It was alleged that Lalli, who was appointed in 2006, was to retire in April this year after attaining 62 years but his tenure was extended after the government applied the amendement with retrospective effect.




Tata Power gets favorable judgement from Supreme Court
http://www.equitybulls.com/admin/news2006/news_det.asp?id=51500

Tata Power Company Ltd has announced that the Hon'ble Supreme Court, on May 06, 2009 pronounced a landmark judgement approving the Power Purchase Agreements (PPAs) signed by Tata Power with BEST for 800 MW and with Tata Power (Distribution) for 477 MW. These were earlier approved by Maharashtra Electricity Regulatory Commission (MERC).

The Supreme Court has also held that Section 23 of the Electricity Act, 2003 does not give any jurisdiction to MERC to allocate any power to a non-contracting discom.

The Tata Power stock was trading at Rs.910.80, up by Rs.9.35 or 1.04%. The stock hit an intraday high of Rs.923.50 and low of Rs.900.

The total traded quantity was 111116 compared to 2 week average of 133003.
Source: Equity Bulls
Posted On: 5/6/2009 2:59:09 AM




Gujarat HC dismisses petition in Sabarmati jail case
http://www.gujaratglobal.com/nextSub.php?id=5193&cattype=NEWS

2009-05-06 09:41:18
Gujarat Global News Network, Ahmedabad
The Gujarat High Court has dismissed a Public Interest Litigation (PIL) seeking the transfer of Sabarmati Central Jail Superintendent V Chandrashekhar. The petition was filed by the Jan Sangharsh Manch (JSM) in view of the beating up of inmates in the prison.
A bench comprising Chief Justice K S Radhakrishnan and Akil Kureshi observed that the inmates had already been provided treatment for the injuries they suffered in the beating inside the jail. A report on the beating up of the inmates was submitted to the bench by Ahmedabad Sessions Judge P B Desai on April 29.
Twenty-two Inmates, mostly the accused involved in the July 26 serial bomb blast cases, were allegedly beaten up by jail authorities on March 26 and 27 after they went on a mass hunger strike to protest the conditions inside the prison.




PIL against PDS, killings
http://www.e-pao.net/GP.asp?src=32..060509.may09
Source: Hueiyen News Service
Imphal, May 05 2009: With reference to the Public Interest Litigation (PIL) filed by social activists Nepram Anita and Moirangthem Sanatomba both residents of Langathel on behalf of the villagers of Langathel and Phundrei under the initiative of Human Right Initiative (HRI), a Division Bench of Guwahati High Court, Imphal comprising Justice Maibam Binoykumar and Justice AC Upadhyay today has issued notice to the respondents which is returnable within four weeks time.

HRI recalled that N Anita was conferred with the Youth Award in the year 2007 and stated that Targeted Public Distribution System is a food secure scheme launched throughout the nation in the year 1997 but most of the really poor families of the villages have not been getting the benefits of this scheme as the deputy commissioner of Thoubal District and his subordinate officers and District Supply Officer failed to issue PDS ration cards to 938 applicants of Langathel and Phundrei villages stated the HRI press release.

Following another PIL against killing, a bench of the same high court has also issued notice of motion returnable within four weeks time in other two cases of custodial death in the hand of Manipur Police Commandos on arrest of Asem Bikram of Khumbong and Thangboi Kipgen of New Keithelmanbi on May 24, 2008 last and later killed at New Keithelmanbi area long with another youth named Bisharup.

HRI stated that Kipgen Haokip was arrested in front of his mother (petitioner) on that day by a team of commandos coming in civil dress and was taken away in a Maruti Car.

Ashem Ibempishak, the mother of Ashem Bikram who was also a victim lodged a written complaint with the OC Patsoi but her complaint was denied and then she approached the SP Imphal West but no action has been taken up till date.

Hence the mother of late Bikram and mother of Thangboi Kipgen, Henei Kipgen have filed separate cases of unjustified killing of their sons.

The respondents listed in the case included the State of Manipur through the Principal Secretary (Home) to the Government of Manipur, DGP Manipur and SP Imphal West District.

Advocate legal council of HRI, M Paikhomba will appear the above cases on behalf of the petitioners.




HC stays SP press not on helmet
http://www.e-pao.net/GP.asp?src=21..060509.may09
Source: Hueiyen News Service
Imphal, May 05 2009: In an interim judgment, a division bench comprising Justice M Binoykumar and Justice AB Upadhyay of the Gauhati High Court, Imphal Bench has issued a notice of motion returnable within two weeks staying the Press Note issued by the Imphal West district senior SP, L Kailun on April 29 necessitating the wearing of helmet/protective head gear by two-wheeler riders and pillion riders.

The verdict was pronounced by the Court as per a Public Interest Litigation (PIL) filed before the Court against the Chief Secretary, Commissioner (Home), DGP and Imphal West district senior SP (listed as the respondents) by the Centre for Legal Advancement, Manipur represented by its vice-president Akham Kom as the petitioner.

The Petitioner prayed to quash the Press Note issued by the Senior SP of Imphal West district or to provide at least 60 days forprocuring helmets to the public and to pass an appropriate interim order in this regard.

The Petitioner was heard through his Counsel, Advocate K Pradeep.

Hearing the petition, the Court stayed the operation of the Press Note issued on April 29 by the Imphal west district senior SP and no action is to be taken in pursuance of the impugned Press Note till the returnable date.

Advocate Th Ibohal appeared on behalf of the state respondents and also accepts notice on behalf of all the state respondents.

It is pertinent to mention that the SP of Imphal West district, in a press note on April 29, said that the Imphal West district police will be conducting a special drive to enforce wearing of helmets in the city while expressing concern over the fatality of accidents occurring without helmets.

It also said that two wheeler rider/pillion rider found not wearing helmet/head gear will be fined and challan will be issued as per existing rate with immediate effect.




SC poser to govt over black money
http://economictimes.indiatimes.com/News/PoliticsNation/SC-poser-to-govt-over-black-money/articleshow/4484719.cms
5 May 2009, 0605 hrs IST, Sanjay K Singh, ET Bureau
NEW DELHI: The Supreme Court on Monday asked Centre to look into the feasibility of registering criminal cases under provisions of the Money Laundering Act to get information from the Swiss government on the unaccounted money parked in banks and financial institutions there.

A bench comprising Chief Justice K G Balakrishnan, Justice P Sathasivam and Justice M K Sharma sought explanation from the government as to why not even a single individual has been interrogated in the last five years in connection under Money Laundering Act and illicit money parked abroad.

Senior Counsel Anil Diwan appearing for petitioners Ram Jethmalani and others in his written submissions said: “The most important factor is that not even a single individual has been apprehended/interrogated by the government or UOI in the last five years in relation to money laundering and slush funds from illicit funds parked abroad.”

Alleging blatant inaction in Hassan Ali’s case, Mr Diwan said: “Why has the source of money of such large amounts not being investigated under Prevention of Money Laundering Act, 2002?” “Prima facie this (Ali’s case) is a clear case which can be brought under the Money Laundering Act.

It is clear that the Swiss authorities would be bound to disclose information, if criminal cases were initiated against him apart from tax evasion,” said Mr Diwan.

Mr Diwan alleged: “It is not unreasonable to infer that UOI is interested in protecting powerful individuals who may be using Hassan Ali and his wife as nominee/benamindar.” When additional solicitor-general Gopal Subramanium objected to the plea, Justice Sharma said: “Money Laundering Act could be applied to try such cases.”