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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

Wednesday, September 14, 2011

LEGAL NEWS 14.09.2011

SC hands off, Modi hand-wringing in BJP

Calcutta Telegraph

12: The Supreme Court today left it to a Gujarat sessions court to decide
whether chief minister Narendra Modi should be prosecuted in a riot case
dealing with the deaths of 69 people in 2002. Although the court did not
make any observations on the ...

<http://www.telegraphindia.com/1110913/jsp/frontpage/story_14500744.jsp>

Judge: DPPs not in contempt

AsiaOne

Manjeet made the application on Aug 11 after the prosecution charged
witness U. Suresh at the Sessions Court with perjury. He said that the
prosecution had proceeded to charge Suresh for perjury despite Akhtar
reserving judgment on an impeachment ...

<http://news.asiaone.com/News/AsiaOne%2BNews/Malaysia/Story/A1Story20110913-299242.html>



Daimary to be lodged in city central jail

Times of India

It is believed that Daimary and 13 other accused in the serial blasts case
can now apply for a bail as the sessions court, during the previous
hearing, had filed charges against them. However, a decision was not
reached as their leader was lodged in a ...

<http://timesofindia.indiatimes.com/city/guwahati/Daimary-to-be-lodged-in-city-central-jail/articleshow/9960395.cms>

Animal sacrifice: Court declines to grant interim relief

Daily Mirror

The Court also noted it was a very serious matter involving constitutional
interpretation and customary laws and very short notice to stop it was
inappropriate where the rituals is being carried out for centuries and
fixed the Writ petition to be taken ...

<http://print.dailymirror.lk/news/news/56063.html>

Stay vacated on VAO exam result

IBNLive.com
Justice KN Basha, who gave the direction on Monday, said the appointments
would be subject to the final outcome of the writ petition. He was
entertaining two petitions from A Arul of Pappireddypatty and M Selvakannan
of Keelasambakulam seeking to ...

<http://ibnlive.in.com/news/stay-vacated-on-vao-exam-result/183572-60-120.html>

Court employees to go on strike

Times of India

PUNE: The employees of Pune district and sessions court will resort to an
indefinite strike from Tuesday for non-implementation of Supreme Court
orders regarding pay hike. However, courts in the district will remain open
and arrangements to hear cases ...

<http://timesofindia.indiatimes.com/city/pune/Court-employees-to-go-on-strike/articleshow/9965520.cms>

Eviction case: HC asks trial court to hear Sonal Mansingh

Indian Express

Accepting Mansingh's contentions that she did not get due opportunities to
defend the petition by her landlady, Justice PK Bhasin, has now asked both
the parties to appear before the trial court on September 26 for
adjudication of the dispute afresh. ...

<http://www.indianexpress.com/news/Eviction-case--HC-asks-trial-court-to-hear-Sonal-Mansingh/845796/>

Jayalalitha to appear before Karnataka Court

TruthDive

New Delhi, Sept 12 (TruthDive): TN CM Dr Jayalaitha agreed through her
counsel to appear in person before the Karnataka trial court on October20.
She requested that she be questioned in a separate building and not in the
regular court due to security ...

<http://truthdive.com/2011/09/12/jayalalitha-to-appear-before-karnataka-court.html>

Pay 2000 to lawyer, SC tells Colaba cop

Times of India

The SC, to prevent similarly "paradoxical situations" and misuse of an
arrest warrant (by complainants or police), also laid down detailed
guidelines, including maintenance of a register and use of a printed form,
to be adopted by courts when issuing ...

<http://timesofindia.indiatimes.com/city/mumbai/Pay-2000-to-lawyer-SC-tells-Colaba-cop/articleshow/9961475.cms>

Court allows filling of SC/ST backlog vacancies

Times of India

CHENNAI: Paving the way for the appointment of 1077 SC/ST candidates in
existing village administrative officer (VAO) posts, the Madras high court
has permitted the Tamil Nadu government to release the results of the
written examination conducted in ...

<http://timesofindia.indiatimes.com/city/chennai/Court-allows-filling-of-SC/ST-backlog-vacancies/articleshow/9962403.cms>


Environment Minister Jayanthi Natarajan relaxes environmental clearance norms ...

Economic Times

The September 9 order seeks to work around the guidelines set in the
Supreme Court order in the judgement in the TN Godavarman
Thirumulpad/Lafarge case. The court had listed the March 31 order among its
"guidelines to be followed in future cases". ...

<http://economictimes.indiatimes.com/news/politics/nation/environment-minister-jayanthi-natarajan-relaxes-environmental-clearance-norms-for-projects-requiring-forest-land/articleshow/9962009.cms>

Darshan moves Sessions Court seeking bail

NDTV.com

PTI Popular Kannada actor Darshan, arrested for allegedly assaulting and
threatening his wife Vijayalakshmi, today filed bail application before a
Sessions Court here. First Additional Chief Metropolitan Magistrate
Venkatesh Hulagi had yesterday ...

<http://movies.ndtv.com/movie_story.aspx?ID=ENTEN20110184104&keyword=regional&subcatg=MOVIESINDIA&nid=133584>

Death upheld for man who killed family

The Hindu

A bench of justices Markandeya Katju and CK Prasad agreed with the
concurrent findings of the sessions court and the Bombay High Court that
the convict Ajitsingh Harnamsingh Gujral, a businessman, deserved death
penalty as his offence fell under the ...

<http://www.thehindu.com/news/national/article2450207.ece>

Petition of Esther dismissed as withdrawn

IBNLive.com

CHENNAI: The Madras High Court has dismissed as withdrawn a habeas corpus
writ petition from Dr J Esther (61) of Karur seeking the release of her son
John David, the lone accused in the Navarasu murder case. Navarasu, a
medico, was brutally murdered ...

<http://ibnlive.in.com/news/petition-of-esther-dismissed-as-withdrawn/183913-60-120.html>

Plea seeks CBI probe into firing

Deccan Chronicle

In his writ petition, advocate A.Murugan said though the Tamil Nadu
government has ordered an enquiry into the firing incident by a former
judge of the Madras high court, it is an incident in which the state is
involved and the excesses of the state ...

<http://www.deccanchronicle.com/node/56646>

Orthodox church row gets high court mediation

Times of India

Meanwhile, district collector PI Sheikh Pareeth approached the high court
on Tuesday as his meeting with the two factions had failed to reach a
settlement on Monday. The KMC is headed by Justice Thottathil B
Radhakrishnan and has Justices Siri Jagan ...

<http://timesofindia.indiatimes.com/city/kochi/Orthodox-church-row-gets-high-court-mediation/articleshow/9973708.cms>

Full judge bench to hear land acquisition case on Wednesday

Times of India

ALLAHABAD: The full judge bench of the Allahabad High Court constituted to
hear the land acquisition cases in Noida, Greater Noida and Noida Extension
in Gautam Buddh Nagar district will continue to hear the cases on
Wednesday. The court would continue ...

<http://timesofindia.indiatimes.com/city/allahabad/Full-judge-bench-to-hear-land-acquisition-case-on-Wednesday/articleshow/9976946.cms>

Shobhit's kin allege police not cooperating, ask for CBI probe

Times of India

NEW DELHI: The family members of Shobhit Modi, who was murdered earlier
this year, accused police of ignoring vital leads given by them and urged
the Delhi high court to transfer the case to CBI. Appearing in person to
argue their case, the father and ...

<http://timesofindia.indiatimes.com/city/delhi/Shobhits-kin-allege-police-not-cooperating-ask-for-CBI-probe/articleshow/9974259.cms>

ACB begins probe into building plans of high-rises

The Hindu

Anti-Corruption Bureau (ACB) officials on Tuesday sought plans of 30
buildings in the circles of Kukatpally, Serilingampally and Rajendranagar
as part of their probe into illegal buildings ordered by the High Court
last Monday. ...

<http://www.thehindu.com/news/cities/Hyderabad/article2452355.ece>

Bombay high court allows Jaitapur people's tribunal meet

Daily News & Analysis

By DNA Correspondent | Place: Mumbai The Bombay high court on Tuesday
quashed a Ratnagiri district magistrate order prohibiting the association,
Indian People's Tribunal, to hold an indoor private meeting to hear the
grievances of people protesting ...

<http://www.dnaindia.com/mumbai/report_bombay-high-court-allows-jaitapur-peoples-tribunal-meet_1586929>

Property fraud: High court directs police to complete inquiry in 90 days

Express

Directing the Chandigarh Police to complete the inquiry of two separate
complaints relating to a property fraud, the Punjab and Haryana High Court
has asked the investigating agency to preferably conclude the inquiry in 90
days. ...

<http://www.indianexpress.com/news/Property-fraud--High-court-directs-police-to-complete-inquiry-in-90-days/846308/>


Musli Power maker moves high court

Times of India

KOCHI: Kunnath Pharmaceuticals, the makers of Musli Power sexual health
product, has approached the Kerala High Court with a plea to remove the ban
on advertisement of its merchandise. KC Abraham, the owner of the group,
has filed a petition asking for ...

<http://timesofindia.indiatimes.com/city/kochi/Musli-Power-maker-moves-high-court/articleshow/9976043.cms>




'Bars, five-star hotels have different policies'

Hindustan Times

A day after the Bombay high court asked the state government about its
policy on closing time for hotels and bars, sources in the government
admitted that there was no uniform policy for the same. “There are
separate licences for restaurants and bars,” ...

<http://www.hindustantimes.com/Bars-five-star-hotels-have-different-policies/Article1-745406.aspx>

B>M J Antony: From here to uncertainty

Business Standard

This rare occasion arose in two recent cases in the Supreme Court, one of
which started in 1977 in the Delhi High Court. The case's meandering course
from one court to the other is too tedious to recount. The Supreme Court
itself took six pages to set ...

<http://www.business-standard.com/india/news/m-j-antonyhere-to-uncertainty/449000/>

Dalit leader released, seeks probe by SC judge into firing

Times of India

TIRUNELVELI: As sporadic incidents of violence were reported from some
parts of southern Tamil Nadu on Tuesday, police released Tamizhaga Makkal
Munnetra Kazhagam founder P John Pandian, whose detention on Sunday sparked
violence at Paramakudi in ...

<http://timesofindia.indiatimes.com/city/chennai/Dalit-leader-released-seeks-probe-by-SC-judge-into-firing/articleshow/9975379.cms>

Can't stop probe into Maya assets case, says CBI

Hindustan Times

The CBI has told the Supreme Court that it cannot cease to probe the
disproportionate assets case against the Uttar Pradesh chief minister
Mayawati despite the three income-tax department's orders issued recently
giving immunity to her from ...

<http://www.hindustantimes.com/Can-t-stop-probe-into-Maya-assets-case-says-CBI/Article1-745294.aspx>

Judges with doubtful integrity can be compulsorily retired: SC

The Hindu

The Supreme Court has ruled that judicial officers can be compulsorily
retired for “doubtful integrity” even before they attain the age of 50
years. A bench of justices JM Panchal and HL Gokhale passed the ruling
while upholding the compulsory ...

<http://www.thehindu.com/news/national/article2450401.ece>

Bombay HC bans court employees' strike

Times of India

The petition was listed for urgent hearing on a plea filed by the registrar
general of the HC, as the employees had gone on strike in the state even
though the case was pending. The petition stated that the state government
should be directed to ...

<http://timesofindia.indiatimes.com/city/pune/Bombay-HC-bans-court-employees-strike/articleshow/9974984.cms>

Produce selection process records: HC to HPSSC

Times of India

SHIMLA: The Himachal Pradesh high court on Tuesday asked the selection
panel of Himachal Pradesh Public Service Commission (HPPSC), which rejected
the candidature of a visually-challenged person for the post of a college
lecturer in chemistry, ...

<http://timesofindia.indiatimes.com/city/chandigarh/Produce-selection-process-records-HC-to-HPSSC/articleshow/9974333.cms>

HC relief for doctors with super-speciality degrees

Times of India

The HC directed these super-speciality degree holders be appointed as
assistant professors in broad speciality, and if no posts are available, as
medical officers in super-speciality or speciality hospitals.- Swati
Deshpande out of 49 such doctors, ...

<http://timesofindia.indiatimes.com/city/mumbai/HC-relief-for-doctors-with-super-speciality-degrees/articleshow/9973766.cms>




Why not ban ammonium nitrate: HC

Times of India

JAIPUR: Following the terror alert by the intelligence agencies in the wake
of Delhi High Court blast, the Railway authorities have beefed up security
of the 'Palace on Wheels.' Responding to the warnings by the central
intelligence agencies, ...

<http://timesofindia.indiatimes.com/city/jaipur/Why-not-ban-ammonium-nitrate-HC/articleshow/9975644.cms>


HC dismisses plea against Harbhagwan

Chandigarh Tribune

The Punjab and Haryana High Court today refused to proceed against senior
advocate Harbhagwan Singh in the Sehajdhari voting rights case. Dubbing as
“premature” an application filed by the SGPC for his prosecution, a
full bench of the high court ...

<http://www.tribuneindia.com/2011/20110914/main6.htm>

HC allows Custodian to release Rs 650 cr from Harshad''s assets

IBNLive.com

PTI | 08:09 PM,Sep 13,2011 In March this year, the Custodian Satish Loomba
had released Rs 2200 crore, of which Rs 2000 crore had gone to the Income
Tax Department and the rest to the State Bank of India. In ordering the
release of pending dues, ...

<http://ibnlive.in.com/generalnewsfeed/news/hc-allows-custodian-to-release-rs-650-cr-from-harshads-assets/821631.html>


Guruvayur hotel group moves HC for bar licence

Times of India

KOCHI: The hotel operator of Karikkal Hotels of Guruvayur has appealed to
the Kerala High Court against the denial of bar licence to Hotel Mayura
Residency, one of its units that caters mainly to tourists. The government
rejected the application citing ...

<http://timesofindia.indiatimes.com/city/kochi/Guruvayur-hotel-group-moves-HC-for-bar-licence/articleshow/9973602.cms>

HC allows Custodian to release Rs 650 cr from Harshad''s assets

IBNLive.com

PTI | 08:09 PM,Sep 13,2011 In March this year, the Custodian Satish Loomba
had released Rs 2200 crore, of which Rs 2000 crore had gone to the Income
Tax Department and the rest to the State Bank of India. In ordering the
release of pending dues, ...

<http://ibnlive.in.com/generalnewsfeed/news/hc-allows-custodian-to-release-rs-650-cr-from-harshads-assets/821631.html>


Guruvayur hotel group moves HC for bar licence

Times of India

KOCHI: The hotel operator of Karikkal Hotels of Guruvayur has appealed to
the Kerala High Court against the denial of bar licence to Hotel Mayura
Residency, one of its units that caters mainly to tourists. The government
rejected the application citing ...

<http://timesofindia.indiatimes.com/city/kochi/Guruvayur-hotel-group-moves-HC-for-bar-licence/articleshow/9973602.cms>

HC allows release of ''Mausam''

IBNLive.com

PTI | 10:09 PM,Sep 13,2011 Mumbai, Sept 13(PTI)The Bombay High Court today
gave the go-ahead for release of Shahid Kapoor starer 'Mausam' on September
16 and dismissed an appeal filed by a film production company claiming
title rights of the movie. ...

<http://ibnlive.in.com/generalnewsfeed/news/hc-allows-release-of-mausam/821867.html>

11 Lakh fine on Yahoo under IT Act stayed by Delhi HC

Law et al. News

The Delhi High Court today stayed an order of the Controller of Certifying
Authority (CCA) which had imposed a fine of Rs. 11 Lakh on petitioner Yahoo
Inc. Respondent however today argued in the court that the central
government had sought certain ...

<http://www.lawetalnews.com/NewsDetail.asp?newsid=4714>


Delhi HC directs Centre to change usage criteria of its land

Indlaw.com

12.9.2011 (UNI) The Delhi High Court today directed the Centre to stop
dilly dallying on the change of usage criteria of the 2.74 acres of land
allotted in 2008 in its surrounding area, from residential to institutional
purpose and to complete the ...

<http://www.indlawnews.com/Newsdisplay.aspx?065c2770-08bd-4a4f-958c-0450781228cc>

Six new judges for Punjab and Haryana HC

Daily Pioneer

Six new judges would join the Punjab and Haryana High Court soon. With
this, the number of judges in the court will go up to 48 against the
current strength of 42. The six advocates, whose names have been cleared,
include Rameshwar Malik, RN Raina, ...

<http://www.dailypioneer.com/state-editions/chandigarh/5855-six-new-judges-for-punjab-and-haryana-hc.html>

'Paid parking has largely helped'

Times of India

CHANDIGARH: Admitting a few shortcomings in the paid parking system, the
municipal corporation filed its reply in connection with a public interest
litigation (PIL) that was filed by a social worker and lawyer Pankaj
Chandgothia in July. ...

<http://timesofindia.indiatimes.com/city/chandigarh/Paid-parking-has-largely-helped/articleshow/9974636.cms>

PIL seeks CBI inquiry into alleged Rs 10000 crore power scam

Indlaw.com

A fresh PIL was filed and notice issued in the bench of the acting Chief
Justice, SP Wangdi at the High Court of Sikkim on August 17. The petitioner
in this instance through a voluminous document comprising of not less than
500 pages of documents ...

<http://www.indlawnews.com/Newsdisplay.aspx?7d55fc8c-0ff5-4f05-8e1c-cec298ae5c3f>

Gauhati HC issues notices to ONGC, Centre, Nagaland Government

Indlaw.com

13.9.2011 (UNI) Gauhati High Court has issued notices to Oil and Natural
Gas Corporation (ONGC), Central Government and Nagaland Government to
respond to a PIL, filed against the ONGC, following large scale crude oil
spillage in Champang and Tssori ...

<http://www.indlawnews.com/Newsdisplay.aspx?2b8e061b-ceb6-462f-9273-3325e65d65cb>

Hostel beneficiary selection challenged

IBNLive.com

A division bench comprising acting Chief Justice Vikramjit Sen and Justice
AS Bopanna ordered the notices following a PIL filed by one H Danappa, a
resident of Sorab taluk, challenging the selection process to seven BCM
hostels in Sagar. ...

<http://ibnlive.in.com/news/hostel-beneficiary-selection-challenged/183886-60-119.html>


HC notice to Home Secretary, DGP

IBNLive.com

Acting on a PIL filed by child rights activist Tapan Kumar Mohapatra, the
Bench directed the additional Government advocate Bikram Keshari Nayak to
file an affidavit on the questions of violation of the provisions of the
Juvenile Justice (Care and ...

http://ibnlive.in.com/news/hc-notice-to-home-secretary-dgp/183694-60-117.html>

It's okay if CAG audits discom accounts: Govt

Times of India

Power minister Haroon Yusuf said, "This case is going on in a PIL in the
high court and our stand on the issue is that we back the decision of DERC
for a CAG audit of discoms' accounts. We are ready for any kind of audit in
this case. ...

<http://timesofindia.indiatimes.com/city/delhi/Its-okay-if-CAG-audits-discom-accounts-Govt/articleshow/9975529.cms>

Scribe claims assault by J&K judge's escort

Times of India

"After my first-hand experience on Monday (September 5) of attempts to
fabricate the sequence of events that led to my being bodily battered, I
now fear for my life,'' Devadas wrote to the CJI. He said one of the men in
the escort party later told him ...

<http://timesofindia.indiatimes.com/india/Scribe-claims-assault-by-JK-judges-escort/articleshow/9975586.cms>


SC gets three new judges, strength goes up to 29

Times of India

The apex court has a sanctioned strength of 31 judges, including the CJI.
But, it has been functioning with 29 judges for some time and recently
three of them -- Justices B Sudershan Reddy, VS Sirpurkar and HS Bedi --
had retired. ...

<http://timesofindia.indiatimes.com/india/SC-gets-three-new-judges-strength-goes-up-to-29/articleshow/9974546.cms>


Sufficient evidence to nail Justice Yadav: CBI

Chandigarh Newsline

In response to the technical arguments raised by Justice Yadav that the CJI
has no power to review his decision, Gupta produced an official statement
issued by the office of Justice KG Balakrishnan, the then Chief Justice of
India (CJI). ...

<http://www.expressindia.com/latest-news/sufficient-evidence-to-nail-justice-yadav-cbi/846174/>

Rai wants CAT order to improve ACR grading

Times of India

AHMEDABAD: After the state government's removal of adverse remarks from his
Annual Confidential Report (ACR), IPS officer Rajnish Rai on Tuesday
reiterated his second prayer before the Central Administrative Tribunal
(CAT) - to direct the authority to ...

<http://timesofindia.indiatimes.com/city/ahmedabad/Rai-wants-CAT-order-to-improve-ACR-grading/articleshow/9973414.cms>

2002 riots: Wait for the trial

Deccan Chronicle

Since the investigation by the Special Investigation Team has been
concluded, the court quite appropriately directed that the responsibility
of trial must devolve on the magistrate's court in Ahmedabad. The Supreme
Court is not a trial court and ...

<http://www.deccanchronicle.com/editorial/dc-comment/2002-riots-wait-trial-565>

Crime branch cop in the dock over extortion

Times of India

NEW DELHI:A trial court on Tuesday directed the commissioner of Delhi
Police to initiate criminal proceedings against Ravi Shankar, additional
DCP, crime branch, and three others of the special cell for allegedly
extorting money from people by ...

<http://timesofindia.indiatimes.com/city/delhi/Crime-branch-cop-in-the-dock-over-extortion/articleshow/9975433.cms>

Del. HC stays CIC order against SC registry

Law et al. News

The Delhi High Court Tuesday stayed a Central Information Commissioner
(CIC) order to the Supreme Court registry to maintain data regarding the
duration for which judgments are kept reserved after conclusion of
arguments. Justice Rajiv Sahai Endlaw ...

http://www.lawetalnews.com/NewsDetail.asp?newsid=4712>

Appointment of ICs: Govt evades action on CIC missive

GreaterKashmir.com (press release)

The CIC has cited that the legislation is “gaining momentum” and the
“increasing workload” calls for immediate appointment of the two
Information Commissioners. But so far, no action has been taken on the
issue, raising a question mark over the ...

<http://www.greaterkashmir.com/news/2011/Sep/14/appointment-of-ics-govt-evades-action-on-cic-missive-73.asp>

Delhi's shame: 50000 child workers & counting

Daily News & Analysis

By Mayank Aggarwal | Place: New Delhi | Agency: DNA Appalled at
government's poor effort of rescuing and rehabilitating child labour, the
Central Information Commission (CIC) has directed the Delhi government to
reveal all details related to rescued ...

<http://www.dnaindia.com/india/report_delhis-shame-50000-child-workers-and-counting_1586895>

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