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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.

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

Tuesday, July 26, 2011

LEGAL NEWS 25.07.2011

Neeraj Grover murder: Jerome's hearing adjourned

indiablooms

While Maria was charged under Indian Penal Code Section 201, Jerome has
been convicted for culpable homicide not amounting to murder under Section
304 (Part 1) and sentenced to 10 years in prison. Maria and Jerome were
first accused of murdering Neeraj ...

<http://www.indiablooms.com/NewsDetailsPage/newsDetails250711p.php>

Land grab: Arumugam to be grilled

indiablooms

The DMK leader has been facing charges under sections 147, 148, 447, 386,
109 read with 506 (ii) and 467 of Indian Penal Code and 3 (1) of Tamil Nadu
Public Properties Damages Act, 1994 , media reports said. Ganesan had filed
a complaint against ...

<http://www.indiablooms.com/NewsDetailsPage/newsDetails250711c.php>


CBI registers cases against Baba Ramdev aide

The Hindu

While one case has been registered under Section 420 (cheating) and 120-B
(criminal conspiracy) of the Indian Penal Code for procuring the fake
degree, the other was for violation of Section 12 of the Indian Passport
Act (knowingly furnishing false ...

<http://www.thehindu.com/news/national/article2290609.ece>

Court Summons Kidney Scam Kingpin From Jaipur

Daijiworld.com

The ED said: "The accused were involved in an illegal racket of kidney
transplantation which is punishable under Indian Penal Code, the
Transplantation of Human Organs Act, 1994 and committed offences under the
Prevention of Money Laundering Act." The ...

<http://www.daijiworld.com/news/news_disp.asp?n_id=109469>



Duo gets seven years RI for forcing minor into flesh trade

Hindustan Times

Apart from provisions of the Immoral Traffic (Prevention) (PITA) Act, 1956,
the court also charged the accused under various provisions of the Indian
Penal Code, including procreation from a minor girl, selling and buying
minor for purpose of ...

<http://www.hindustantimes.com/Duo-gets-seven-years-RI-for-forcing-minor-into-flesh-trade/Article1-725213.aspx>

District & Session Court inaugurated at Bargarh

Law et al. News

A new district and sessions court has been established at Bargarh district
in Orissa Saturday. Chief Justice of the Orissa High Court V. Gopala Gouda
along with Justice MM Das and Justice BP Das of the High Court inaugurated
the new district court. ...

<http://www.lawetalnews.com/NewsDetail.asp?newsid=4399>

2 years on, state still to implement scheme

Hindustan Times

Though the legal provision mandates the legal aid services authority to
decide such recommendation within two months of its receipt from the court,
six months have passed since the sessions court recommended the case. An
official of the authority ...

<http://www.hindustantimes.com/2-years-on-state-still-to-implement-scheme/Article1-725239.aspx>

Rohinton Nariman replaces Gopal Subramanium as SG

Bar & Bench

Nariman has been appearing in various constitutional and corporate matters
in both Supreme Court and various High Courts. One of the recent important
cases that Nariman handled was the gas sharing dispute between Mukesh
Ambani-led RIL and Anil ...

<http://www.barandbench.com/brief/2/1621/rohinton-nariman-replaces-gopal-subramanium-as-sg>


Kiranjit case: Pardon decision still pending

Times of India

BARNALA: Even after five months of Supreme Court bench referring back to
Punjab governor for reconsideration, there has been no decision yet in the
case of pardon to three activists. All the three were sentenced for
murdering Dalip Singh, the relative ...

<http://timesofindia.indiatimes.com/india/Kiranjit-case-Pardon-decision-still-pending/articleshow/9352256.cms>

'Right to life cannot be given or taken' says Dr. Gopal Subramaniam

Daily News & Analysis

The ace lawyer was talking about the Aruna Shanbaug case in which a two
judge bench of the Supreme Court allowed for the 'passive euthanasia' which
allows for withdrawal of life support to patients in permanently vegetative
state (PVS). ...

<http://www.dnaindia.com/india/report_right-to-life-cannot-be-given-or-taken-says-dr-gopal-subramaniam_1569029>

Rakesh Bhatnagar: Justice must be seen to be done

Daily News & Analysis

There's an age-old adage that justice should not only be done but it should
seem to have been done as well. The word 'seem' is innocent. It's
intentional as there's a strong belief that justice isn't possible for all
the persons who are parties to a ...

<http://www.dnaindia.com/india/column_rakesh-bhatnagar-justice-must-be-seen-to-be-done_1569119>

CJI blames faulty pricing policy

Hindustan Times

Chief Justice of India SH Kapadia on Sunday blamed the faulty pricing
policy for illegal mining in the country days after Karnataka lokayuta
Santosh Hedge found Karnataka chief minister BS Yeddyurappa being a
beneficiary of illegal mining. ...

<http://www.hindustantimes.com/CJI-blames-faulty-pricing-policy/Article1-725163.aspx>

Tax law taxing, says Chief Justice

IBNLive.com

KOCHI: The Income Tax law is the bulkiest law in the country having
provisions that often intimidate people, said Chief Justice of Kerala J
Chelameswar. He was speaking after inaugurating the function organised to
mark the culmination of the year-long ...

<http://ibnlive.in.com/news/tax-law-taxing-says-chief-justice/170013-60-122.html>

SC clears denotification of GIB sanctuary

Times of India

The SC decision came on Friday. However, MK Rao, chief conservator of
forest ( CCF)) for Pune wildlife circle, said, "The detailed order is
awaited but we've heard that the SC has allowed our prayer. The committee
on rationalization of boundaries of ...

<http://timesofindia.indiatimes.com/city/nagpur/SC-clears-denotification-of-GIB-sanctuary/articleshow/9350669.cms>

SC has ordered for a fair investigation into cash-for-votes scam: Khurshid

DailyIndia.com

New Delhi, July 24: Commenting on Samajwadi Party (SP) supremo Mulayam
Singh Yadav's allegation of wrongly framing his former colleague Amar Singh
in the 2008 cash-for-vote scam, Union Law Minister Salman Khurshid on
Sunday said the Supreme Court has ...

<http://www.dailyindia.com/show/452593.php>

Over 1600 SC/ST atrocities cases pending

IBNLive.com

Sarvajana Satta, an affiliate of Lok Satta party representing weaker
sections, complained to the SC/ST Commission to resolve the pending cases.
In a representation to the SC/ST Commission here on Saturday, a delegation
of Sarvajana Satta comprising ...

<http://ibnlive.in.com/news/over-1600-scst-atrocities-cases-pending/169920-60-114.html>

Tribal bodies warn govt on job quota

Times of India

Urging the government to continue with The Assam SC/ST ( Reservation of
Vacancies in Services and Post)) Act 1978, the joint meet appealed to the
state government to ensure equal participation of people from reserved
categories while appointing ...

<http://timesofindia.indiatimes.com/city/guwahati/Tribal-bodies-warn-govt-on-job-quota/articleshow/9350704.cms>

Tribunal favours discom's appeal, tariffs may rise

Hindustan Times

The latest judgement by an electricity tribunal has favoured the BSES
discoms' appeal, seeking higher power purchase costs. The two-year-long
battle had been fought at the Appellate Tribunal of Electricity (ATE)
between DERC and BSES over the issue of ...

<http://www.hindustantimes.com/Tribunal-favours-discom-s-appeal-tariffs-may-rise/Article1-725191.aspx>

Ministry to maintain its stance on Loop, Swan

Livemint

The ministry of corporate affairs (MCA) will not change its view that Loop
Telecom Ltd did not violate the Companies Act when it replies to an enquiry
by the Central Bureau of Investigation (CBI), two ministry officials said.
The ministry will submit ...

<http://www.livemint.com/2011/07/24225806/Ministry-to-maintain-its-stanc.html?atype=tp>

Section 633 Cos Act Judiciary Limiting Its Scope

Moneycontrol.com

Such are the rigours of the Companies Act and other acts that it is said
that every officer of a company starts his day as a potential criminal.
From compulsory audits to the requirements of a public issue, these
procedures stifle entrepreneurship in a ...

<http://www.moneycontrol.com/news/the-firm/section-633-cos-act-judiciary-limiting-its-scope_568530.html>

Pay hike for Delhi judges stuck in govt 'red tape'

Indian Express

They say nothing conclusive has emerged from the numerous meetings held
between judiciary members, officials of the Finance department and IT
department to implement the pay hike for the 400 judges in the Capital. The
committee had recommended at least ...

<http://www.indianexpress.com/news/Pay-hike-for-Delhi-judges-stuck-in-govt--red-tape-/821754/>

Independent environment regulator soon, says PM

Business Standard

Acknowledging the “enduring wisdom of the judiciary” for India's
“environmental jurisprudence”, the PM said the judiciary enforced laws
passed by a farsighted legislature to ensure that the concerns of depleting
natural resources were neither diluted ...

<http://www.business-standard.com/india/news/independent-environment-regulator-soon-says-pm/443785/>

Ex-post facto approval biggest problem in land acquisition: Chief justice

Daily News & Analysis

"The most acute problem over the years the Supreme court has faced is that
the plans, the buildings, the projects come up and suddenly at the end a
PIL comes and we are required to decide ex-post facto approval." "This is
the biggest problem the which ...

<http://www.dnaindia.com/india/report_ex-post-facto-approval-biggest-problem-in-land-acquisition-chief-justice_1569014>

Surcharge lands DTC in legal soup

Hindustan Times

The court ruled: "The PIL says that DTC has introduced surcharge on travel
from Delhi to NCR regions without due approval of the competent authority.
DTC, which is responsible for imposition of the surcharge, shall file an
affidavit to the effect that ...

<http://www.hindustantimes.com/Surcharge-lands-DTC-in-legal-soup/Article1-725138.aspx>

Post-Noida, CJI says such cases difficult to decide

Indian Express

On another current issue, that related to mining, the CJI said for this
sector at least, the proposed environmental regulator, NEAMA, must also be
empowered to decide on pricing. He said mining plans were routinely flouted
at the state level.

http://www.indianexpress.com/news/Post-Noida--CJI-says-such-cases-difficult-to-decide/821831/>

CJI raises concern over flouting of mining rules

Zee News

New Delhi: Voicing concern over violation of mining rules, Chief Justice of
India SH Kapadia on Sunday suggested that there should be a price
regulatory mechanism for mineral exports as several private companies in
the states were flouting norms and ...

<http://zeenews.india.com/news/nation/cji-raises-concern-over-flouting-of-mining-rules_721850.html>

Reasons why the Lokpal Bill may go for a six

Daily News & Analysis

By G Sampath | Place: Mumbai | Agency: DNA More than four decades after the
Lokpal Bill was first introduced in parliament, the UPA government has
promised to bring it back during the monsoon session. But it may not see
the lightof the day and will ...

<http://www.dnaindia.com/india/report_reasons-why-the-lokpal-bill-may-go-for-a-six_1569103>

NAC, Govt differ over Food Bill

Business Standard

Differences between the National Advisory Council (NAC) and the government
have come out in the open over the Food Security Bill, which was approved
by a Group of Ministers this month. While Jean Dreze, who had earlier quit
the working group on food ...

<http://www.business-standard.com/india/news/nac-govt-differ-over-food-bill/443792/>

Skeleton case: Former minister's aide arrested

Times of India

The CID has also sought clearance from the government to oppose the
Calcutta high court order granting Ghosh bail in the Supreme Court. The
crucial DNA report in the case is expected soon. CID officers arrested Rana
the moment he stepped in his home in ...

<http://timesofindia.indiatimes.com/city/kolkata-/-Skeleton-case-Former-ministers-aide-arrested/articleshow/9351692.cms>

Shetty in legal trouble

Hindustan Times

PTI A Delhi-based stuntman has accused Suniel Shetty of not paying him
nearly Rs 1 crore, and dragged him to the Delhi High Court, which has
summoned the 49-year-old actor to appear before it on October 19. Chauhan
accused the actor of not paying for ...

<http://www.hindustantimes.com/Shetty-in-legal-trouble/Article1-725023.aspx>

APIIC-Emaar deal: More officials quizzed

IBNLive.com

Following the High Court order for a probe into the tainted deal, CBI began
questioning all persons associated with the deal. Parthasarathi is a
relative of a former advisor to the state government. Sources in the CBI
said that APIIC chief general ...

<http://ibnlive.in.com/news/apiicemaar-deal-more-officials-quizzed/169927-60-114.html>

Victory of grit and courage

IBNLive.com

She had approached a lower court in 1998 and the court temporarily stayed
aerial spraying of endosulfan in Cashew plantations. In 2000, the High
Court of Kerala upheld the order of the lower court and permanently stopped
endosulfan spraying. ...

<http://ibnlive.in.com/news/victory-of-grit-and-courage/169994-60-122.html>

More purposeful to avoid delay in initiating judges' appointment, hopes ...

Times of India

ALLAHABAD: Delivering its verdict on the long awaited judgement in a bunch
of writ petitions involving the issue of increase in the number of judges
in Allahabad high court and blending towards the established process of
appointment of judges, ...

<http://timesofindia.indiatimes.com/city/allahabad/More-purposeful-to-avoid-delay-in-initiating-judges-appointment-hopes-HC/articleshow/9349802.cms>

Court raps cops who took favours from men they were investigating

Mumbai Mirror

The Bombay High Court pulled up two officers of Bandra police station for
deliberate inaction in a case of assault and intimidation, after it emerged
that they had taken personal favours from the accused who are trustees of
Lilavati Hospital, Bandra. ...

<http://www.mumbaimirror.com/article/2/2011072520110725033354190e6c065d9/Court-raps-cops-who-took-favours-from-men-they-were-investigating.html>

Commission urges medical consent for teens

RTE.ie

The Commission also said where any person under 18 years refuses
life-sustaining treatment, an application to the High Court would be
required to decide on the validity of such a refusal. It says mature
minors, those under 16, should not be presumed ...

<http://www.rte.ie/news/2011/0725/health.html>

'Consider lower court lawyers for higher judicial posts''

IBNLive.com

PTI | 01:07 PM,Jul 24,2011 Kannur (Ker), Jul 24 (PTI) Capable lawyers
practising in subordinate courts should also be considered for selection as
High Court judges and denial of such an opportunity is "discrimination and
a violation of equal justice ...

<http://ibnlive.in.com/generalnewsfeed/news/consider-lower-court-lawyers-for-higher-judicial-posts/763053.html>

Baina victims yet to benefit from scheme

Times of India

However, commercially exploited women are yet to receive any benefits from
the rehabilitation scheme introduced six and a half years ago, it has been
revealed at the high court of Bombay at Goa. NGO Anyay Rahit Zindagi (ARZ),
which works with ...

<http://timesofindia.indiatimes.com/city/goa/Baina-victims-yet-to-benefit-from-scheme/articleshow/9350579.cms>

Residents' consent to be taken as a whole, says HC

Indian Express

The Bombay High Court, in a recent order, ruled that the consent of
residents of properties amalgamated for composite redevelopment should be
taken into account as a whole. “The island city of Mumbai has numerous
congested areas where it is desirable ...

<http://www.indianexpress.com/news/residents-consent-to-be-taken-as-a-whole-says-hc/821703/>


HC cancels land allotted to Nashik housing society

Hindustan Times

A week after being slammed by the Bombay high court, the state government
has cancelled the allotment of a 16000 sq m plot at Deolali in Nashik
district to a housing society of senior bureaucrats and some defence
officials. ...

<http://www.hindustantimes.com/HC-cancels-land-allotted-to-Nashik-housing-society/Article1-725219.aspx>

HC restrains transfer of two ashram shala outside Vidarbha

IBNLive.com

PTI | 12:07 PM,Jul 24,2011 Nagpur, Jul 24 (PTI) A High Court bench here
restrained the State Government from transfering two ashram shala
(residential school for tribals) in Yavatmal district from the Vidarbha
region to other regions in Maharashtra. ...

<http://ibnlive.in.com/generalnewsfeed/news/hc-restrains-transfer-of-two-ashram-shala-outside-vidarbha/763016.html>

Fake Patna HC website dupes people by offering jobs

IBNLive.com

PTI | 10:07 PM,Jul 24,2011 Patna, Jul 24 (PTI) The police have registered a
case against unknown persons for creating a fake website of the Patna High
Court and cheating people by taking money for providing jobs there, a
police official said today. ...

<http://ibnlive.in.com/generalnewsfeed/news/fake-patna-hc-website-dupes-people-by-offering-jobs/763477.html>

HC wants to know steps on sugar, oil

Financial Express Bangladesh

The High Court (HC) has sought to know what measures have been taken to
control hoarding of sugar and check the price of edible oil. A bench of
justices Govinda Chandra Tagore and AHM Shamsuddin Chowdhury Sunday asked
four government officials to be ...

<http://www.thefinancialexpress-bd.com/more.php?news_id=143960&date=2011-07-25>

GMR invested Rs 55 cr in Jagan cos: CBI

Times of India

The HC has given two weeks' time to the CBI to submit a preliminary report
on whether a case can be made out of the allegations in both the issues.
Lakshminarayana said they will submit their report to the HC in a sealed
cover. ...

<http://timesofindia.indiatimes.com/city/hyderabad/CCIS-2407-GMR-invested-Rs-55-cr-in-Jagan-cos-CBI/articleshow/9351371.cms>

Director of sister co convicted for issuing dishonoured cheque

Business Standard

The trial court and the Punjab & Haryana high court accepted this plea. The
payee appealed to the Supreme Court. It convicted the director and set
aside the high court judgment. The Supreme Court stated that the companies
were sister concerns and ...

<http://www.business-standard.com/india/news/directorsister-co-convicted-for-issuing-dishonoured-cheque/443748/>

Rs1.25cr relief for accident victim in coma

Times of India

Maintaining that "possession and preservation of one's body is the first
and most valuable of all human rights", MACT presiding judge Kanwal Jeet
Arora has directed Oriental Insurance, with which the offending vehicle was
insured, to pay the amount to ...

<http://timesofindia.indiatimes.com/india/Rs125cr-relief-for-accident-victim-in-coma/articleshow/9340754.cms>

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