About Me

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

Contact Me

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

Sunday, May 29, 2011

LEGAL NEWS 29.05.2011

Dealing with the new competition laws

Business Line

There have been subjective criteria prescribed for the Competition
Commission of India (CCI) to use as a benchmark in its determination of
what constitutes an AAE. Every acquirer has to notify the CCI of a
combination and seek its approval prior to ...

http://www.thehindubusinessline.com/features/investment-world/article2057576.ece



History and Dynamics of the MRTP Act and Competition Act in the ...

Therefore, in common parlance, the MRTP Act, 1969 aimed at preventing ....
it shall after receipt of the MRTP Commission, pass the requisite orders.
...

http://jurisonline.in/2011/05/history-and-dynamics-of-the-mrtp-act-and-competition-act-in-the-realm-of-mergers-and-acquisitions/



Watching pornography is no offence: New IT Act

Times of India

Consumption of pornography on a personal device is frowned upon by neither
the Victorian-vintage Indian Penal Code ( IPC) nor the 21st Century
legislation on Information Technology (IT). Both laws, separated by over
130 years, are unsparing towards the ...

http://timesofindia.indiatimes.com/tech/news/internet/Watching-pornography-is-no-offence-New-IT-Act/articleshow/8622460.cms




Indian national arrested for attempting to bribe police

AsiaOne

A second attempt at buying off the officer was rejected and this time, the
31-year-old was arrested. He will be charged in Court next Monday for the
offence of Theft under Section 379 of the Penal Code, Chapter 224 which
carries a jail term of three ...

http://www.asiaone.com/News/AsiaOne%2BNews/Crime/Story/A1Story20110528-281186.html




Irregularity in wheat purchasing on support price

Central Chronicle

Criminal cases under different sections of the Indian Penal Code are being
registered against the erring persons for conspiring against the
government, thereby causing financial loss to the government exchequer. It
may be mentioned that arrangements ...

http://www.centralchronicle.com/viewnews.asp?articleID=61577





Fake stamp paper case: Court frames charges against Telgi

Times of India

The judge framed charges against the suspects under the relevant sections
of the Indian Penal Code and the Maharashtra Control of Organised Crime
Act. Via video conferencing from a Bangalore jail, Telgi expressed his
desire to plead guilty. ...

http://timesofindia.indiatimes.com/city/pune/Fake-stamp-paper-case-Court-frames-charges-against-Telgi/articleshow/8613519.cms






Goa : Lifeguards Seek Legal Protection from Unruly Beach Crowd

Daijiworld.com

DSRS has requested state government to include services of lifeguards under
first schedule of Industrial Dispute Act. “This means, any assault on
lifeguard will be treated as `assault on public servant' under Indian Penal
Code,” Kanwar explained. ...

http://www.daijiworld.com/news/news_disp.asp?n_id=103630&n_tit=Goa+%3A+Lifeguards+Seek+Legal+Protection+from+Unruly+Beach+Crowd+++++++




Decriminalisation of Sexual Orientation and Gender Identity ...

By zackie

In 2009, the Delhi High Court declared the British colonial law in the
Indian Penal Code which outlawed sex between people of the same sex,
unconstitutional. Delhi Chief Justice, Ajit Prakash Shah and Justice S.
Muralidhar held that the ...

http://writingrights.org/2011/05/27/decriminalisation-of-sexual-orientation-and-gender-identity-lessons-from-india-and-south-africa/




Lecturers strike: Students go to Court

Daily Mirror

Three undergraduates have filed separate writ applications in the Court of
Appeal asking that the letters of resignation submitted by the university
heads of department be rejected. They are seeking a writ of prohibition
restraining the Vice ...

http://www.dailymirror.lk/news/11627-lecturers-strike-students-go-to-court.html




2G: Mauritius SC directs AG to provide info sought by CBI

Economic Times

NEW DELHI: In a major boost to CBI's probe in the 2G spectrum allocation
scam, the Supreme Court of Mauritius has directed the Attorney General
there to collect and provide, as soon as possible, information about
companies allegedly involved in the ...

http://economictimes.indiatimes.com/news/politics/nation/2g-mauritius-sc-directs-ag-to-provide-info-sought-by-cbi/articleshow/8608845.cms




CBI court reserves judgement on Pandher bail plea

IBNLive.com

PTI Ghaziabad: A special CBI court on Friday reserved its judgement till
Saturday on the bail plea by Moninder Singh Pandher, one of the main
accused in the sensational Nithari killings. CBI special Judge Shyam Lal,
who was to deliver the judgement on ...

http://ibnlive.in.com/news/cbi-court-reserves-judgement-on-pandher-bail-plea/154809-3.html




Column: What about the IITs of legal education?

Financial Express

This piece wishes to ignite the debate on legal research in premier
national law universities (NLUs). Last year, PM Manmohan Singh described
legal education in India as a “sea of institutionalised mediocrity”.
Legal education has always received ...

http://www.financialexpress.com/news/column-what-about-the-iits-of-legal-education/796291/




Gujarat riots: Mallika Sarabhai wants to quiz Sanjiv Bhatt, Sreekumar

Daily Bhaskar

On March 7, 2002, Sarabhai was the first to file a PIL seeking
compensation, rehabilitation and new housing for the affected and the role
of the government and police in the post-Godhra riots. "I am deeply
disturbed after hearing this. ...







Cong asks leaders to utilise RTI in Oppn-ruled states

Deccan Herald

The Congress has directed the PCC leaders in opposition-ruled states to
file RTI plea and PIL on various issues, including UPA's flagship schemes,
on the patterns of those filed in Uttar Pradesh. The move is aimed at
unravelling scams in states and ...

http://www.deccanherald.com/content/164558/cong-asks-leaders-utilise-rti.html





Haryana Police to set up a special task force to deal with crime against children

Indian Express

The affidavit was filed during the resumed hearing of a PIL filed by World
Human Rights Council, through its Chairman Advocate Ranjan Lakhanpal. The
petitioner had sought strict possible action against the errant Chandigarh
Police officers responsible ...

http://www.indianexpress.com/news/Haryana-Police-to-set-up-a-special-task-force-to-deal-with-crime-against-children/796416/




Karnataka high court to civi body: Hunt down drain sharks

Daily News & Analysis

By DNA Correspondent Place: Bangalore Agency: DNA “Target jelly
fishes but catch sharks,” the Karnataka high court observed on Friday,
while giving directions to the Bruhat Bangalore Mahanagara Palike (BBMP) to
identify within a month encroachments ...

http://www.dnaindia.com/bangalore/report_karnataka-high-court-to-civi-body-hunt-down-drain-sharks_1548399




Partial relief for Setalvad

The Hindu

Granting only a partial relief, the Gujarat High Court on Friday quashed
the summons issued by the police against the Mumbai-based social activist
and general secretary of the Citizens for Justice and Peace, Teesta
Setalvad, in connection with the 2006 ...

http://www.thehindu.com/news/national/article2055204.ece





Balwa request for iPad in jail rejected

Deccan Chronicle

On the ground of possible misuse of iPad inside the Tihar Jail premises,
the Delhi high court on Friday refused to allow Asif Balwa, the director of
Kusegaon Fruits and Vegetables Pvt Ltd and an accused allegedly involved in
the 2G spectrum scam case, ...

http://www.deccanchronicle.com/channels/nation/north/balwa-request-ipad-jail-rejected-798



Can't take away right to recall, SC tells Punjab

Times of India

While allowing the state to withdraw its appeal against a high court order
quashing an amendment deleting the right to recall provision in the
original panchayati raj Act of 1994, a vacation bench said: "If at all we
believe in the tenets of the Father ...

http://timesofindia.indiatimes.com/india/Cant-take-away-right-to-recall-SC-tells-Punjab/articleshow/8612568.cms






High court orders CBI inquiry into murder

Times of India

ALLAHABAD: The Allahabad High Court on Friday ordered CBI probe into a
murder in which father of the victim had alleged that the Sumerpur police
in Hamirpur district was not investigating the case fairly and trying to
protect one of the accused under ...

http://timesofindia.indiatimes.com/city/lucknow/High-court-orders-CBI-inquiry-into-murder/articleshow/8615157.cms




Delhi high court issues notice to Prasar Bharati Corporation

Daily News & Analysis

Place: New Delhi Agency: PTI The Delhi high court today issued a notice
to Prasar Bharati Corporation on a petition filed by one of its board
members challeging the appointment of Additional Secretary of Information
and Broadcasting Ministry Rajiv ...

http://www.dnaindia.com/india/report_delhi-high-court-issues-notice-to-prasar-bharati-corporation_1548288




Five colleges to collect higher fee

The Hindu

Kochi; The Kerala High Court on Friday permitted the managements of five
self-financing medical colleges to collect Rs.3.5 lakh as annual fee from
students seeking admission to the MBBS course in their colleges. Justice PR
Ramachandra Menon issued the ...

http://www.hindu.com/2011/05/28/stories/2011052868160100.htm



Court extends stay on land use change

Times of India

JAIPUR: A division bench of Rajasthan High Court on Friday extended its
previous stay on land use change under Section 90-B of Land Revenue Act.
All operation of land use change under the above section will remain
suspended till July when the court is ...

http://timesofindia.indiatimes.com/city/jaipur/Court-extends-stay-on-land-use-change/articleshow/8616689.cms





HC blast: After Pilkhuwa raid, 2 detained

Times of India

NEW DELHI: The special cell of Delhi Police has detained two persons in
connection with Wednesday's blast at Delhi high court. One of them is a
maulvi and was picked up from the Nizamuddin area on Thursday afternoon;
the other is one Gulfam, ...

http://timesofindia.indiatimes.com/city/delhi/HC-blast-After-Pilkhuwa-raid-2-detained/articleshow/8614817.cms






Identify and report on SWD encroachments: HC

IBNLive.com

Following the order, the BBMP seems to have gone on overdrive to ensure
they implement the HC directive. A BBMP official on the condition of
anonymity said that the drive to remove encroachments is on and will be
completed soon. ...






HC sends out notices to DDA, builder and Centre

Times of India

Justice GS Sistani directed the authorities to file their responses on the
petition seeking HC's direction to the DDA to issue a completion
certificate at the earliest so that the owners can take possession of the
properties. ...

http://timesofindia.indiatimes.com/city/delhi/HC-sends-out-notices-to-DDA-builder-and-Centre/articleshow/8609673.cms





4-yr wait for HC judge to get justice

Times of India

AHMEDABAD: Many of us may have fallen for world tour promo lines like 'wine
and dine while watching the brilliant Moulin Rouge show in Paris' and
booked a European tour for the summer. A Gujarat high court judge too went
on such a tour and got duped. ...

http://timesofindia.indiatimes.com/city/ahmedabad/4-yr-wait-for-HC-judge-to-get-justice/articleshow/8617476.cms





College Fee: HC stays Mohammed Committee order

IBNLive.com

KOCHI: The Kerala High Court on Friday stayed the order of the Justice PA
Mohammed Committee which refixed the fee of self-financing medical
colleges. The court has also granted permission to the managements of five
SFMCs to exact an annual fee of Rs ...

http://ibnlive.in.com/news/college-fee-hc-stays-mohammed-committee-order/154992-60-116.html






HC tells BMC not to evict residents

Times of India

The Bombay HC has directed the Brihanmumbai Municipal Corporation (BMC) not
to forcibly evict 236 members residing in 11 buildings in Mahatma Phule
Nagar, Saat Rasta in Mumbai Central till June 15 not to take any coercive
steps and not to forcibly ...

http://timesofindia.indiatimes.com/city/mumbai/HC-tells-BMC-not-to-evict-residents/articleshow/8611285.cms





HC to Centre: Frame laws to monitor online survey cos

Times of India

LUCKNOW: The Lucknow Bench of the Allahabad High Court directed the
additional solicitor general of India to obtain instructions from the
Centre to frame guidelines and monitoring mechanism on the operation of
Speak Asia Online Private Limited. ...

http://timesofindia.indiatimes.com/city/lucknow/HC-to-Centre-Frame-laws-to-monitor-online-survey-cos/articleshow/8614913.cms





HC issues show-cause notice to Punjab principal secretary

Indian Express

Taking strong note of the filing of an affidavit in contravention of a
Supreme Court judgment, the Punjab and Haryana High Court today issued show
cause notices to AR Talwar, Principal Secretary, Home asking him to explain
why contempt proceedings be ...

http://www.indianexpress.com/news/HC-issues-show-cause-notice-to-Punjab-principal-secretary/796389/




Counselling for management quota

IBNLive.com

The Karnataka Private Medical and Dental Colleges Association had sought
for a direction from the High Court (HC) through filing a petition. They
had sought for quashing the seat matrix dated 14 and 15 of April 2011
prepared by the Director of Medical ...

http://ibnlive.in.com/news/counselling-for-management-quota/154870-60-115.html




HC directs new fee structure for medical course

City Journal.in

KOCHI: The Kerala High Court yesterday stayed the medical course fee
prescribed by justice PA Muhammad committee. The High Court also directed a
renewed fee rate after agreeing to the demand of the self-financing
managements which filed a petition on ...

http://www.cityjournal.in/Newspaper/20110528/Kerala/Kerala_4.html



Karnataka HC directs CID to re probe Medical Post Graduate Entrance Test ...

Indlaw.com

26.5.2011 (UNI) Acting swiftly on a petition filed by nine students, the
Karnataka High Court today directed the CID to re-investigate allegations
of malpractice in the Medical Post Graduate Entrance Test (PGET) at
Vijayanagar Institute of Medical ...

http://www.indlawnews.com/Newsdisplay.aspx?5ae18735-69bb-427c-aa32-0e8373493e0b




Reliance ADAG officials conspired to circumvent DoT policy: HC

Indian Express

Reliance ADAG executives not only created a "web of companies" but also
conspired to circumvent the DoT policy to get maximum out of the 2G scam,
the Delhi High Court said while refusing them to give them bail in the
case. ADAG Group MD Gautam Doshi, ...

http://www.indianexpress.com/news/reliance-adag-officials-conspired-to-circumvent-dot-policy-hc/794611/



SC upholds HC order restraining Cadila from selling 'Hb tone': reports

India Infoline.com

The Supreme Court refused to vacate the Bombay High Court order, which
restrained Cadila Healthcare from making and selling hemoglobin enhancing
drug 'Hb Tone' for trade mark infringement, as alleged by a local
manufacturer, according to reports. ...

http://www.indiainfoline.com/Markets/News/Pharmaceuticals-Newsletter-May-23-to-May-27-2011/5165397853




HC notice to state government over controversial Indore helmet rule

Daily Bhaskar

Indore: The Indore administration's controversial helmet rule has run into
further trouble with the Madhya Pradesh High Court issuing show cause
notices to the state government and other concerned departments. Hearing a
petition filed by Sanjay Mittal, ...

http://daily.bhaskar.com/article/MP-IND-hc-notice-to-state-government-over-controversial-indore-helmet-rule-2141477.html




Make food street policy, says HC

Times of India

CHANDIGARH: UT on Friday received a rap on its knuckles from Punjab and
Haryana high court for not formulating any policy regarding night food
streets. The bench of justices Surya Kant and Ajay Tewari gave one last
opportunity to the administration for ...

http://timesofindia.indiatimes.com/city/chandigarh/Make-food-street-policy-says-HC/articleshow/8614210.cms




No HC relief for Tips, Yamla Pagla Deewana

Indian Express

Granting no relief to Tips Industries Limited (TIL) that had sought a
restraint on the telecast of the film Yamla Pagla Deewana on television,
the Bombay High Court on Friday asked the music record company to amend its
petition and add the necessary ...

http://www.indianexpress.com/news/No-HC-relief-for-Tips--Yamla-Pagla-Deewana/796370/



Now, lawyers move HC on SC Bar polls, notice issued

Indian Express

An in-house controversy seems to be brewing in the Supreme Court's own
backyard, with the Delhi High Court issuing a notice to the newly-elected
office-bearers of the apex court Bar association and the election committee
on a petition filed by lawyers ...

http://www.indianexpress.com/news/Now--lawyers-move-HC-on-SC-Bar-polls--notice-issued/796492/




HC extends stay on change in land-use

Daily Bhaskar

Jaipur: There will be no conversion of land for residential or commercial
use in Jaipur till July. The Rajasthan high court has extended its stay on
any change in land-use of the plots in the city till its next hearing in
July. ...






Residents of 236 flats get HC protection

Hindustan Times

The redevelopment of 11 buildings in Mahatma Phule Nagar at Saat Rasta has
been put off for the moment after the Bombay high court on Friday
restrained the BrihanMumbai Municipal Corporation (BMC) from forcibly
evicting 236 families living there. ...






SP-rank officers hit again as Himachal HC turns down seniority petition

Indian Express

The Himachal Pradesh High Court, on Friday, dismissed the appeal filed by
promoted Deputy Superintendents of Police (DSPs) seeking benefits of their
'officiating service' as DSPs for the purpose of seniority. Upholding the
decision of single bench ...







HC extends stay on Padmaraj Commission

IBNLive.com

BANGALORE: The High Court on Friday extended the stay against Justice
Padmaraj Commission's probe into the alleged land scams involving Chief
Minister BS Yeddyurappa for another eight weeks, in the case challenging
the appointment of the Commission to ...

http://ibnlive.in.com/news/hc-extends-stay-on-padmaraj-commission/154881-60-115.html




HC to hear Posco land acquisition PIL on June 3

Times of India

It has asked petitioners to submit details of the land that they will lose.
Last Friday, the state government and Posco had filed their counter
affidavits in this matter after the high court notice to them. The state
government has stated in its ...

http://timesofindia.indiatimes.com/city/bhubaneswar/HC-to-hear-Posco-land-acquisition-PIL-on-June-3/articleshow/8593231.cms




HC comes to BEd students' rescue

Times of India

LUCKNOW: The Lucknow bench of the Allahabad High Court has given relief to
BEd students in the fee confirmation issue. These students had taken
admission in various colleges affiliated to the Lucknow University after
the first round of counseling in ...

http://timesofindia.indiatimes.com/city/lucknow/HC-comes-to-BEd-students-rescue/articleshow/8614665.cms



HC rejects Teesta's plea on quashing FIR in exhumation case

Times of India

PTI May 27, 2011, 04.50pm IST AHMEDABAD: The Gujarat High court on Friday
rejected the application of social activist Teesta Setalvad, seeking
quashing of FIR against her in the 2006 Pandarwada case, where bodies of
post-Godhra riot victims were ...

http://timesofindia.indiatimes.com/india/HC-rejects-Teestas-plea-on-quashing-FIR-in-exhumation-case/articleshow/8605051.cms




Cop fined for failing to verify death claim

Times of India

NEW DELHI: A trial court has imposed a fine of Rs 10000 on a Delhi Police
officer for his failure to verify whether a robbery case accused facing
trial before it was actually dead or trying to avoid court feigning death.
...
http://timesofindia.indiatimes.com/city/delhi/Cop-fined-for-failing-to-verify-death-claim/articleshow/8610287.cms



Prof. Bhullar's village to seek clemency for him

SikhSiyasat.Net

Bhullar, who belongs to Kothe Surjeet Pura, was awarded the death sentence
by a Delhi trial court in 2001. Subsequently, the sentence was upheld
confirmed by the Supreme Court in a majority decision. Bhullar has been
held guilty of triggering a blast ...

http://www.sikhsiyasat.net/2011/05/28/prof-bhullar%E2%80%99s-village-to-seek-clemency-for-him/




Five cops convicted 18 years after killing a man in custody

Times of India

NEW DELHI: A trial court has convicted five Delhi Police officials for
causing the death of a person in their custody 18 years ago. One of them
was an ASI and four were constables. While Additional sessions judge KS
Mohi held ASI Chaman Lal guilty of ...

http://timesofindia.indiatimes.com/city/delhi/Five-cops-convicted-18-years-after-killing-a-man-in-custody/articleshow/8615624.cms




CCI: NSE abused dominance like Microsoft but softens DG market definitions

Legally India

Stock exchanges: You win some, you lose someExclusive: P&A Associates and
client MCX-SX won an order from the Competition Commission of India (CCI)
finding that the National Stock Exchange (NSE), which was represented by
Amarchand Mangaldas and Vaish ...

http://www.legallyindia.com/201105272110/Competition-Law/cci-nse-abused-dominance-like-microsoft-but-softens-dg-market-definitions




CIC pulls up PIO for delaying information

GroundReport

by Vijay Kumar Malla May 27, 2011 Srinagar , May 27 (Scoop News) - Baldev
Singh Rajput field an application under the State RTI Act 2009 on 24.7.2009
before the District Magistrate Jammu. As per the provisions of the State
RTI Act 2009, the District ...

http://www.groundreport.com/Media_and_Tech/CIC-pulls-up-PIO-for-delaying-information/2939244




Mumbai attacks: Prosecutors assure court on recording Kasab's statements

The Express Tribune

By Mudassir Raja Prosecutors for the Mumbai attacks case have assured the
trial court that the Indian government would facilitate the proposed
judicial commission to record the statements of investigators in India. The
Federal Investigation Agency ...

http://tribune.com.pk/story/178081/mumbai-attacks-prosecutors-assure-court-on-recording-kasabs-statements/





Sodomy convict gets 30 days off to marry

Times of India

NEW DELHI: A trial court, which had sentenced a Tihar jail inmate to a year
in jail for sodomizing a fellow prisoner, has suspended his prison term for
30 days to enable him, among other things, to appeal against his conviction
and also to tie the ...

http://timesofindia.indiatimes.com/city/delhi/Sodomy-convict-gets-30-days-off-to-marry/articleshow/8633016.cms






RPF man gets his job back after 16 yrs

Times of India

NEW DELHI: Coming to the rescue of a Railway Protection Force (RPF)
employee, who fought a legal battle for almost 16 years against harassment
by seniors, a trial court has directed his department to reinstate him on
the job and provide him with all ...

http://timesofindia.indiatimes.com/city/delhi/RPF-man-gets-his-job-back-after-16-yrs/articleshow/8632947.cms





Going abroad is fundamental right of every citizen: Court

MSN India

"I am of the considered opinion that there is no illegality and impropriety
in the order (giving permission to go abroad) passed by the trial court
which may need interference by this court," the judge said. Pooja, a
resident of Gurgaon, ...

http://news.in.msn.com/national/article.aspx?cp-documentid=5181925




More villagers move court

Times of India

NOIDA: Encouraged by the Allahabad High Court order denotifying nearly 156
hectares of land in Shahberi village and 72 hectares in Surajpur village,
villagers from four more village - Bisrakh, Patwadi, Khairpur and Milak -
approached the court on ...

http://timesofindia.indiatimes.com/city/noida/More-villagers-move-court/articleshow/8629123.cms




Court issues non-bailable warrant against Sanjay Dutt

Indian Express

A court in Mau today issued a non-bailable warrant against actor Sanjay
Dutt for not appearing before it despite several summons and a bailable
warrant for allegedly making provocative remarks at a rally for the 2009
Lok Sabha elections. ...

http://www.indianexpress.com/news/court-issues-nonbailable-warrant-against-sanjay-dutt/796756/

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