DAILY LEGAL NEWS 13.09.2008

Tatas move court to block Singur contract release
http://www.business-standard.com/india/storypage.php?autono=334294
Tata Motors today moved Calcutta High Court against the State Information Commission to prevent it from releasing “secret” sections of the commercial agreement signed between the company and the West Bengal government to set up the Nano factory at Singur, 40 km from here.
The High Court restrained the Information Commission from releasing the “secret” portion of the document for two weeks.
Tata Motors said in a statement, “On a writ petition moved by Tata Motors Ltd, Justice Dipankar Dutta has stayed further operation of the order of the State Information Commissioner of September 8, 2008, for a period of two weeks”.
A few days ago, the commission and the state government had released the basic part of the contract that had revealed that Tata Motors had received a Rs 200-crore loan at 1 per cent, tax breaks and subsidised land and electricity and had been promised refund of VAT and central sales tax on the car.
The opposition Trinamool Congress (TC) had been alleging for weeks that the “secret” portion of the contract contained a list of further benefits that had been promised by the state government to Tata Motors.
“The Tata action in the Calcutta High Court supports our worst fears,” a TC leader told Business Standard.
“The benefits promised under the portion of the contract already released prove that the state government was subsidising the Rs 1-lakh car to the extent of more than a quarter of its cost,” the leader alleged without substantiating on the calculation system used by the TC.
The commission, working under the Central Information Commission, was set up by the state government with a chairman and member nominated by the chief minister, and with the leader of the opposition also serving on it.
“The information commissioner is a statutory authority under the RTI Act and is a quasi-judicial authority,” said a leading lawyer in Kolkata.
Bs Reporter / Kolkata September 13, 2008, 5:35 IST
www.business-standard.com

HC asks CIC not to disclose text of agreement with Tatas
http://www.business-standard.com/india/storypage.php?tp=on&autono=46454
In a move perhaps without precedent, Tata Motors today moved Calcutta High Court against the state information commission to prevent it from releasing “secret” sections of the commercial agreement signed between the company and the government of West Bengal to set up the Nano factory at Singur, 40km from Kolkata.
The High Court retrained the information commission from releasing the “secret” portion of the document for two weeks.
A few days ago, the commission and the state government had released the basic part of the contract that had revealed that Tata Motors had received a Rs 200 crore loan at 1 per cent, tax breaks and subsidised land and electricity and had been promised refund of VAT and central sales tax on the car.
The opposition Trinamool Congress had been alleging for weeks that the “secret” portion of the contract contained a list of further benefits that had been promised by the state government to Tata Motors.
“The Tata action in the Calcutta High Court supports our worst fears”, a TC leader told Business Standard.
“The benefits promised under the portion of the contract already released prove that the state government was subsidizing the Rs 1 lakh car to the extent of more than a quarter of its cost”, the leader alleged without substantiating on the calculation system used by TC.
The state information commission was set up by the state government with a chairman and member nominated by the chief minister, and with the leader of the opposition also serving on it.
In a parallel move, which was also deviation from its earlier stand, the West Bengal government has placed a new proposal to the Opposition led by the Trinamool Congress, which entails giving more land from the Tata Motors project site at Singur than what it had earlier offered, in an urgent bid to resolve to the deadlock.
After its third land committee meeting today, the West Bengal Industrial Development Corporation (WBIDC) managing director, Subrata Gupta said that a proposal more acceptable to the Opposition had been placed and it obviously meant giving more than 40 acres from the project site.
Trinamool Congress leader, Mamata Banerjee, had demanded 300 acres from the project site. The alternative proposal has some kind of positive response from Tata Motors.
Responding to queries from mediapersons, Gupta said that he had got feedback from the Tata Motors side as well which was conveyed to the other committee members from the Opposition side.Immediately after the meeting, state government officials and commerce and industry minister, Nirupam Sen, were locked in an emergency meeting while Bhattacharjee and Manna headed to discuss the proposals with Trinamool Congress leader, Mamata Banerjee.
Chief minister, Buddhadeb Bhattacharjee said, the committee meeting was positive and a decision would be taken after discussions with Mamata Banerjee.
The four-member committee set up under the aegis of West Bengal Governor, Gopal Gandhi, comprises Subrata Gupta, Hooghly District Magistrate, Neelam Meena from the government side and Trinamool Congress MLA, Rabindranath Bhattacharjee and Krishi Jami Raksha Committee convenor, Becharam Manna.
The 40-acre, which was part of the land held by WBIDC. WBIDC has 47.11 acres at Singur earmarked for rehabilitation of project affected families.
However, it is not clear where the additional land currently being offered to the Opposition would come from and whether it involves the 290-acre vendor park also. The 997-acre project site also includes 29.5 acres of water bodies and 14.33 acres for power sub-station to be set up by West Bengal State Electricity Board. Also, around 40 acres is held by different government agencies.
According to the agreement between the West Bengal government and the agitating farmers represented by the Trinamool Congress, the report was supposed to be tabled on September 15 but the Rabindranath Bhattacharjee indicated yesterday that they could seek more time.
Bs Reporter / Kolkata September 12, 2008, 18:21 IST
www.business-standard.com

SC frowns on frequent use of arbitrators
http://timesofindia.indiatimes.com/India/SC_frowns_on_frequent_use_of_arbitrators/articleshow/3477942.cms
NEW DELHI: Arbitration was meant to lessen the burden on the judiciary. But of late, it appears to be doing just the reverse. Appointment of retired judges as arbitrators, mostly in a mechanical manner by the high courts, has been quashed by the Supreme Court recently. In two judgments, one on Thursday and the other on August 18, the apex court frowned upon the practice in the HCs of allowing arbitration proceedings in disputes with appointment of retired HC judges. In the recent case, the Central government rushed to the SC exclaiming that the Allahabad High Court has on the request of Talson Builders referred a payment dispute to arbitration appointing retired HC judge, Justice Gulati, even when all claims have been settled in regard to a contract work. It said the builder had submitted the final bill and received full payment without any protest. However, on August 14, 2000, it sent a letter to the government for appointment of arbitrators, which was not agreed to on the ground that there was no dispute pending. When the builder moved the HC, it appointed the arbitrator brushing aside the government's plea. Accepting the stand of the Centre, a Bench comprising Justices Tarun Chatterjee and Aftab Alam said it had no option but to quash the order appointing the arbitrator as the HC has not gone into the nature of the pending dispute.
13 Sep 2008, 0248 hrs IST,TNN
http://timesofindia.indiatimes.com

SC rectifies pension gap between brigadiers & generals
http://timesofindia.indiatimes.com/India/SC_rectifies_pension_gap_between_brigadiers__generals/articleshow/3477954.cms
NEW DELHI: In a rank conscious Army, this must have been a sacrilege — a retired brigadier drawing more pension than a retired major-general. Higher ranking retired Army officers continued with their heartache for more than 12 years till September 9, 2008, when the SC set right the anomaly and directed the Centre to pay them higher pension and arrears at 10% interest. Charging the government with violating the fundamental right of the retired senior Army officers, the court asked the Centre to address the identical anamoly for similar ranking retired officers in the other two wings of the armed forces — the Air Force and the Navy. The disparity arose because the rank pay stopped at brigadiers. When the Fifth Pay Commission recommendations were accepted by the government in 1996, the minimum pay of a major-general became less than that of a brigadier who had reached the maximum point in his scale, pointed out senior advocate Nidhesh Gupta to a Bench comprising Justices Altamas Kabir and Markandey Katju. For the Centre, additional solicitor general Vikas Singh admitted the mistake in computation of pension and said that corrective measures were taken. It stepped up the pension of major-generals, who had retired prior to January 1, 1996, so that they did not receive pension less than what was given to brigadiers, he said. But this equation of pension between brigadiers and major-generals created another problem. This created two distinct class of officers in the rank of major-generals, those who retired prior to 1996 and those who retired after, Gupta countered. Writing the judgment for the Bench and agreeing with Gupta, Justice Kabir said: "It would be arbitrary to allow such a situation to continue since the same also offends the provisions of Article 14 of the Constitution guaranteeing right to equality." Taking into account similar case decisions of the apex court, the Bench said the date of retirement of an employee could not form a valid criterion for classification, for if that was the criterion, then those who retired by the end of the month would form a class by themselves. Holding that the fundamental right of the major-generals, who retired prior to 1996, had been violated, the Bench directed the central government that pay of all pensioners in the rank of major-generals and its equivalent rank in the two other wings of the defence services — the Air Force and Navy — be notionally fixed at the rate given to similar officers of the same rank after the revision of pay scales with effect from January 1, 1996.
13 Sep 2008, 0256 hrs IST, Dhananjay Mahapatra,TNN
http://timesofindia.indiatimes.com

SC slammed pardon granted by Andhra govt
http://timesofindia.indiatimes.com/India/SC_slammed_pardon_granted_by_Andhra_govt/articleshow/3477966.cms
NEW DELHI: The Supreme Court has always frowned upon political decisions to release convicts to mark events or birth centenaries. In August last year, it had slammed the Andhra Pradesh government's decision to release 1,500 convicts, many of whom were murder convicts who had not spent a minimum of 14 years in prison — a condition which alone would have entitled them to seek parole under law. Worse, the AP government's list of convicts to be released included a political worker of Congress party, who was husband of a sitting MLA. The very same persons release under gubernatorial pardon was earlier quashed by the Supreme Court saying the Governor had not applied his independent mind to the issue. Apprehending that such a decision could prove to be a "menace to the society", a Bench comprising Justices B N Agrawal and D K Jain had stayed the AP government's notification. "You can't say that you will release a life prisoner after seven years. Tomorrow, the Bombay blast accused or the Nithari killers will ask for a similar benefit. The blast accused's appeal is before us. Once we dispose of their case, they may also make a similar prayer. That stage may come," the bench had remarked.
13 Sep 2008, 0305 hrs IST, Dhananjay Mahapatra,TNN
http://timesofindia.indiatimes.com

SC clarification on OBC quota in PG courses soon
http://economictimes.indiatimes.com/News/PoliticsNation/SC_clarification_on_OBC_quota_in_PG_courses_soon/articleshow/3477859.cms
NEW DELHI: The Supreme Court will on Monday clarify the confusion whether the law providing 27% reservation to the OBCs in premier educational institutions is applicable to the IIMs and other post graduate graduate courses. A five-judge Constitution bench comprising Chief Justice K G Balakrishanan, Justice Arijit Pasayat, Justice C K Thakker, Justice R V Raveendran and Justice Dalveer Bhandari has been re-constituted to clerify its order on the issue. The same bench on April 10 had upheld the legality of the Central Educational Institutions (Reservation in Admission) Act, 2006 providing 27% reservation to OBCs. But some confusion had cropped up in the course of interpreting the combined judgment delivered by two judges of the five judge bench. Justice Pasayat and Justice Thakker in their combined judgment had said, “while determining backwardness, graduation (not technical graduation) or professional shall be the standard test yardstick for measuring backwardness”. Justice Bhandari in his separate judgment had said, “once a candidate graduates from a university, the said candidate is educationally forward and is ineligible for special benefits under Article 15(5) of the Constitution for post graduate and any further studies thereafter”. This was interpreted by the anti-quota petitioners that the three judges had said that the quota law was not applicable in IIMs and other post graduate courses. On that basis Calcutta high court had restrained the IIM-Calcutta to admit such students in accordance with the centre’s law providing 27% reservation to them. The high court had stayed the interviews in IIM-C on a writ petition filed by Sayan Guha, a general category aspirant, who claimed that the interview for OBCs as well as the HRD ministry directive to implement the 27% OBC quota in centrally-run higher educational institutions like IIM and IITs, goes against the Supreme Court order of April 10. However, on centre’s petition, a three-judge bench headed by Chief Justice KG Balakrishan had put on hold the high court. It had also stayed proceedings in various high courts relating to challenge to the government’s notification providing quota in IIMs and other PG courses. Delhi high court had also issued notice to centre on a petition challenging government’s order on the matter. The similar proceedings were also initiated in the Bombay high court. The apex court while giving green signal to the institutes to admit the OBC students under quota law, however, had said that it will examine the plea of the anti-quota petitioners that whether the graduation should be considered as a benchmark to exclude the beneficiaries from enjoying the benefits of reservation in IIMs and other post graduate courses. Senior counsel Harish Salve appearing for anti-quota petitioners had said that the graduation yardstick should be equated with the concept of Creamy Layer. If you are graduate you comes under the purview of Creamy Layer and not entitled to the benefit of reservation, Salve had said.
13 Sep, 2008, 0157 hrs IST, ET Bureau
http://economictimes.indiatimes.com

HC for policy on women in armed forces by Nov 14
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=&id=1714be2c-5d71-4004-8cef-2936c48854b7&&Headline=HC+for+policy+on+women+in+armed+forces+soon&strParent=strParentID
The Delhi High Court on Friday fixed a deadline for the Centre to formulate its final policy on granting permanent commissions to women officers in non-combat positions.
A bench headed by Justice Sanjay Kishan Kaul gave the direction after going through a letter of the Chiefs of Staff Committee (COSC) in which the three services chiefs have “in principle” agreed to appoint women officers under the permanent commission but not in combat duties. Justice Kaul told the Centre's counsel the decision should be taken before November 14, the next date of hearing.
The orders were passed after army counsel Jyoti Singh placed the COSC recommendations before the court. Singh said the COSC was in the process of forwarding the recommendations to the Centre, which will take a final call. Singh sought “reasonable time” to get back to the court but Justice Kaul fixed a time limit and said: “We hope the Central Government will take a decision before that.”
Bhadra Sinha, Hindustan Times
Email Author
New Delhi, September 12, 2008
www.hindustantimes.com

HC summons Tihar jail IG for not giving govt. lawyer to convict
http://www.hindu.com/thehindu/holnus/002200809122067.htm
New Delhi (PTI): Inspector General, Tihar jail, has been summoned by the Delhi High Court for giving an explanation over alleged delay in providing free legal aid to prisoners.
Issuing summons to the IG Tihar jail for his personal appearance before the court on September 26, Justice Kailash Gambhir directed him to explain as to why the poor inmates were not being provided lawyers within the prescribed period of limitation to defend themselves.
"There appears to be a total dereliction of duty on the part of the jail authorities and utter negligence on the part of the counsel representing DLSA...," Justice Gambhir said in a recent order.
"It has been noticed that many helpless, poverty-stricken and indigent jail convicts are not able to seek their remedy of filing an appeal in time for months and years. It appears that there is no effective mechanism in jail so as to ensure timely filing of appeal for such convicts," the court observed.
Justice Gambhir passed the order in an NDPS case that came before him for hearing. The court was informed that the convict, sentenced to 10-year imprisonment in February 2005, filed the appeal after a delay of 1,190 days.
The judge was told that the convict was poor and his wife was ill for long. He had sold his properties and exhausted the money for the treatment of his wife, who later succumbed to the illness.
The convict was not able to afford the fee of a lawyer to fight his case in High Court as a result the appeal got delayed.
"It is quite shocking that despite the arrangements from DLSA, the convict was not able to file the appeal on time".
Friday, September 12, 2008
www.hindu.com

NGO asks HC to order SIT probe in Rs 16,000 cr Scorpene deal
http://www.ptinews.com/pti/ptisite.nsf/0/F74C72EDF546730C652574C20049A2D2?OpenDocument
New Delhi, Sep 12 (PTI) A petitioner, who alleged payment of kickbacks in the Rs 16,000 crore Scorpene submarine deal, today contended in Delhi High Court that the CBI has not conducted a proper investigation into the matter which should now to be probed by a Special Investigating Team."CBI has not conducted the preliminary inquiry properly. Provide me a copy of the report (filed in a sealed envelop in court) and I would demonstrate that the investigating agency has not done its work properly," said Prashant Bhushan, advocate for NGO, Centre for Public Interest Litigation "It (CBI) did not inquire into the relevant aspects which it needed to inquire into," he said pleading for a SIT probe before a bench comprising Chief Justice A P Shah and Justice S Muralidhar.The bench was hearing a plea of the NGO, on whose petition the Court had directed the inquiry, seeking a copy of CBI's preliminary inquiry report which says that there was no evidence of kickbacks in Rs 16,000 crore deal with French company Thales.The government, on the other hand, opposed the plea and said that the report says very clearly that there is no evidence so far and it contains some sensitive information which could not be revealed to the NGO.Additional Solicitor General Gopal Subramanium contended that in view of the findings of the agency an FIR cannot be filed in the case."It took torturous nine years, from 1996 to 2005, to get the deal done and when the deal was signed, this PIL was filed. Earlier, HTW German sub-marine was scrapped because an FIR was filed in the case. Right now we do not have sufficient evidence to lodge an FIR but we would take proper action if we find some evidence," he said. PTI
www.ptinews.com

SC rejects TVS plea, directs expeditious hearing in HC
http://economictimes.indiatimes.com/News_by_Industry/SC_rejects_TVS_plea/articleshow/3476897.cms
NEW DELHI: Much to the disappointment of tyre company TVS Srichakra, the Supreme Court has rejected its plea seeking to restrain a P K Ruia group company from manufacturing and selling tyres having design pattern similar to its own. While TVS, manufacturers of two- and three-wheeler tyres, sells its tyres under the brand 'Dragon,' Falcon sells under Dunlop brand in the domestic market and Falcon brand in the overseas market. A bench headed by Justice S B Sinha refused to stay the Madras High Court's interim order that vacated its single judge's restraint order and allowed Karnataka-based Falcon to go ahead with its alleged infringed product design. However, it directed the High Court, which is hearing the matter, to dispose of the petition expeditiously. TVS submitted that it was the registered owner of a particular design of 'tread pattern' for its tyres marketed under brand 'Dragon' and the same was developed after spending stupendous amounts on R&D. It added that out of its seven brands of tyres, the Dragon brand, manufactured in three different sizes, had captured a huge market for itself. Falcon Tyres, which was selling under brand 'Dunlop Challenger 101' and 'Zebra 101' had copied the design of its tyres with "subtle and cosmetic changes" and the variations were not visible to a naked eye. According to the petition filed through advocate Sudarshan Rajan, these cosmetic variations in tyres cannot be noticed by the customers and Falcon's tread pattern was substantially similar to TVS' registered design. The petition also said the deceptively similar tread pattern not only caused confusion to dealers but also to customers. "The petitioners are entitled to grant of an injunction as the design of the respondents is clearly one of a simple copy... and one of theft of intellectual property owned by the petitioners," it stated. While the single judge after applying the test of deception had restrained Falcon from making and marketing tyres under a similar design as that of TVS, the division bench had vacated the injunction. The apex court had earlier set aside the impugned division bench order and remanded the matter back to the High Court for fresh considerations.
12 Sep, 2008, 1811 hrs IST, PTI
http://economictimes.indiatimes.com


'Smuggler can avail IT exemption for confiscated gold'
Agencies
http://www.expressindia.com/latest-news/Smuggler-can-show-confiscated-gold-as-loss--goldsmith-can--t--HC/360592/
Mumbai, September 12: A smuggler can avail of Income Tax exemption for business loss if the gold he has smuggled in is confiscated, but a regular goldsmith can't take benefit of such a deduction in the same circumstances, Bombay High Court has held.
The case before the High Court pertained to Income Tax assessment of Mahendra Jain, a Mumbai-based goldsmith, who possessed a license under Gold Control Act. Under the license, Jain was not allowed to sell or buy gold, but only to make ornaments from gold given by clients.
In April 1991, Directorate of Revenue Intelligence raided Jain's shop, and seized bars of gold with foreign marks, worth about Rs three lakh.
Jain pleaded that gold bars were given to him by one Raju from Bangalore to make ornaments. But Additional Commissioner of Customs did not accept this claim, and confiscated the gold as contraband.
When the IT officer assessed Jain's income for the financial year 1992-1993, the value of gold bars was added as 'income from undisclosed sources'.
Jain appealed against this addition. Before the Income Tax Appellate Tribunal, he also pleaded that if the value of gold bars was to be added as income, then the same must also be deducted as business loss, because the gold was confiscated and never returned to him.
Appeallate Tribunal rejected this argument. Jain filed an appeal in the High Court. In the decision given last week, the division bench of Justices S Radhakrishnan and S J Kathawalla held that confiscation of gold could not be dubbed as a business loss, because Jain never admitted that he dealt in gold, smuggled or otherwise.
"Loss caused by confiscation of smuggled gold is not trade/commercial loss connected with or incidental to assessee's business" (which was making oranments), judges said.
Loss of gold occurred not in the course of Jain's business, but because he broke the law and possessed smuggled gold, High Court said.
Jain's lawyer relied on Supreme Court's judgement in one Piara Singh's case. In this case, Singh, who smuggled currency across Indo-Pak border, was caught and the currency he was carrying was confiscated.
Supreme Court allowed him to show confiscation of currency as business loss in his Income Tax return.
But the High Court said that Jain's case was different. Piara Singh's principal business was smuggling, therefore confiscation of currency "sprang" from carrying on of this business, court said.
In Jain's case, his business was not smuggling – he never admitted that - so the confiscation of gold cannot be held as a loss 'incidental' to his business, High Court said, confirming Income Tax authority's decision not to allow him a deduction.
Posted: Sep 12, 2008 at 1607 hrs IST
www.expressindia.com

HC orders early completion
http://www.expressbuzz.com/edition/story.aspx?artid=oskSt2gH5zY=&Title=HC+orders+early+completion&SectionID=mvKkT3vj5ZA=&MainSectionID=fyV9T2jIa4A=&SectionName=nUFeEOBkuKw=&SEO=
CUTTACK: The Orissa High Court (HC) has directed early completion of election to the councils of both Bhubaneswar Municipal Corporation (BMC) and Cuttack Municipal Corporation (CMC).
Acting on writ petitions filed by the State Election Commission, a division bench of the HC comprising Justices IM Quddusi and BP Ray directed that in respect of BMC, the process of disposing of objections with regard to the delimitation of wards be completed in 15 days from today and final notification be published. Thereafter, the SEC should finalise the electoral rolls immediately. For CMC, the HC directed publication of draft notification of delimitation inviting objections in three days providing 10 days time for such objections. Thereafter, the objections may be disposed of in 15 days and after that final notification may be published immediately, the bench added.
In case of any non-cooperation by the State Government, the SEC may hold election as per the existing delimitation of wards, the bench ordered. The Court’s directive came in pursuance of the affidavits filed by the State indicating the stage of proceedings.
The Additional Government Advocate stated that the State has taken steps for conduct of elections for both the corporations. Referring to a judgment of the apex court, SEC counsel Pitamber Acharya stated before the court that the Commission is duty bound to hold the election before expiry of the term of the present councils and therefore, the State Government may be directed to complete the process immediately.
Express New Service
11 Sep 2008 09:11:00 AM IST
www.expressbuzz.com

Clear stand on mishap victims, HC tells rlys
http://timesofindia.indiatimes.com/Mumbai/Clear_stand_on_mishap_victims_HC_tells_rlys_/articleshow/3473654.cms
Mumbai: The Bombay high court on Thursday asked the railways to clarify its stand on providing insurance cover to victims of suburban train accidents. Hearing a petition filed by Pydhonie resident Sameer Zaveri, who had lost both his legs in a train accident a few years ago, a division bench of Chief Justice Swatanter Kumar and Justice A P Deshpande asked the railways to file an affidavit by October 16. The petitioner's lawyer claimed that the railways were classifying passengers who fell out of running trains as trespassers and refusing to pay compensation. The counsel for the railways, however, refuted this saying that all bonafide passengers were insured and compensated . The court has asked the railways to furnish details of the way it treats victims categorised as "trespassers'' . According to the petition, over the last decade, accidents on railway tracks shot up by 53%, from 5,304 in 1997 to 8,244 in 2007. Not much has changed since 2004, when the high court ordered the Central Railway (CR) and Western Railway (WR) to ensure that accident victims were taken to the nearest hospital within the golden hour period-the first 60 minutes after the occurrence of multisystem trauma. The fatality rates have hovered between 47% and 51%. Of the 8,244 people who met with accidents on the tracks in 2007, around 3,937 died. About 20% of those killed were trying to cross tracks, according to the public interest litigation. The railways estimate that more than 4,700 people travel in a nine-car rake during peak hours, as against the carrying capacity of 1,700. In its affidavit, WR said that ambulance facilities were provided at most stations and that the railway police were taking action against people who illegally crossed the tracks.
12 Sep 2008, 0533 hrs IST,TNN
http://timesofindia.indiatimes.com


'No possibility of bail for Ansals at the moment'
http://www.expressindia.com/latest-news/No-possibility-of-bail-for-Ansals-at-the-moment--Lawyers/360505/
New Delhi, September 12: The Supreme Court’s stand on the conduct of the Ansal brothers during the Uphaar trial means serious trouble for the two, their counsel Ramesh Gupta said on Thursday.
Both brothers were “shocked”, sources said when the apex court cancelled their bail on Wednesday. While noting they were fighting charges of tampering with evidence, the court had observed that the conduct of the accused was crucial to decide whether they deserved bail, even though their offence might have been bailable.
Ramesh Gupta told Newsline: “The Supreme Court’s decision is too stern. At the moment, I don’t see any possibility of bail. When the highest court takes a stand, one cannot expect a lower court to differ.”
CBI counsel Y K Saxena, who has represented the state in this legal fight, agreed with the defence counsel.
He said: “The apex court’s decision is final. Ansals should now forget about bail till the appeal is decided by the High Court, which has also been directed to expedite the matter.” Well-known criminal lawyer R K Naseem said only the Supreme Court can now decide on their bail. He said: “The law is clear. The apex court has cancelled their bail. Only the highest court can now hear any further applications for bail.”
However, Ramesh Gupta said if there was “material change” in the circumstances, they could pursue relief on that ground.
Utkarsh Anand
Posted: Sep 12, 2008 at 0918 hrs IST
www.expressindia.com

SC declines hearing on PIL for repair of Kosi river embankment
http://www.indlawnews.com/Newsdisplay.aspx?9384d4b0-a9fa-4224-a45b-802f5728873c
The Supreme Court declined to hear a PIL seeking directions to the Union government to take up the matter regarding the repairing and strengthening of the embankment of Kosi river, located in the territory of Nepal.A bench comprising Chief Justice K G Balakrisnan and Justices P Sathasivam and J M Panchal asked the counsel for the petitioners "Can this court do anything in the matter? The government is already taking all necessary steps for the relief and resce of those marooned in the floods in Bihar." Praveen Chandra and Sanjay Kumar Vidyarthi in their petition have also prayed to the apex court to issue a writ of mandamus to the government to take appropriate measures to ensure that the problem does not occur in future.The petitioners have also expressed dissatisfaction with the efforts of the state as well as the Union government in helping out millions of people marooned and uprooted to the worst flood situation that has occurred, submerging 13 districts of Bihar.The state was hit by floods on August 18 when the Kosi embankment situated in Nepal was breached.The apex court will, however, hear the petition on September 15 along with another petition already pending in the court.Around 26.68 lakh people are entrapped in the flood and over 20 lakh people are still waiting to be evacuated to safer places. The Army has already taken over the relief and rescue work in the state.UNI
9/2/2008
www.indlawnews.com


High Court designates special court to try blast cases
Express news service
http://www.expressindia.com/latest-news/High-Court-designates-special-court-to-try-blast-cases/357153/
Ahmedabad, September 3 The Gujarat High Court on Tuesday issued a notification designating the court of Metropolitan Magistrate G M Patel for all blast related hearings, in order to expedite the disposal of cases. The order has come after the state government requested for a special court in this regard.
So far, 10 people apart from the five SIMI activists including Safdar Nagori have been arrested in the serial blasts case by the Ahmedabad City Detection of Crime Branch (DCB), the investigating agency in the case.
Law Secretary M H Shah said: “We had requested the High Court to designate a special court for the trial of the blasts case. The logic behind this was that since all the cases registered are of a similar nature, it can be better heard by a single court. Also, if a dedicated court hears the case, judgements could be decided faster.”
Metropolitan Magistrate G M Patel confirmed that he has received the notification.
In his meeting with Prime Minister Manmohan Singh, Chief Minister Narendra Modi had also demanded that special and fast-track courts be set up specifically to try terror offences.
The constitution of the special court has come at a time when the DCB is formulating a legal strategy in consultation with special public prosecutors.
On August 26, a month after the blasts, Ashish Bhatia, the Joint Commissioner of Police of the DCB, had told the media that the agency had completely cracked the case. It was now chalking out a legal strategy in consultation with the special public prosecutors appointed for the case.
Posted: Sep 04, 2008 at 0219 hrs IST
www.expressindia.com

Sentence put off, defence mounts offence against ‘media trial’
http://www.expressindia.com/latest-news/Sentence-put-off-defence-mounts-offence-against-media-trial/357092/
New Delhi, September 3 The court today deferred pronouncing the quantum of punishment against Sanjeev Nanda and three others held guilty in the 1999 BMW hit-and-run case to Friday.
But Additional Sessions Judge Vinod Kumar came in for disapproval from Nanda’s counsel for his observation that Nanda had “hijacked the trial” with his money power. Defence counsel Ramesh Gupta also termed the conviction an outcome of “media trial”.
Public prosecutor Rajeev Mohan initiated Wednesday’s argument on quantum of punishment based on the “theory of deterrent punishment” and sought maximum punishment of 10 years in jail for Nanda. Mohan argued the court should deliver “exemplary” punishment for Nanda’s attempt to buy out justice.
He said the fact that Nanda sped off even as the injured victims lay there was grave enough to attract stringent punishment.
Rebutting his contentions, Nanda’s counsel Ramesh Gupta said adverse media coverage played a key role in forming an opinion against his client. He said despite the vital role it plays in a democratic set-up, the media could not be allowed to cross its limits and interfere with administration of justice.
“Justice is at stake, and it is for judges to save it from getting influenced due to the media,” Gupta said.
In his conviction order yesterday, ASJ Vinod Kumar had dealt extensively on threats to the criminal justice system by the high and mighty. He noted that the present trial is an example of this growing trend.
The 87-page judgment also referred to the sting operation conducted on collusion between the prosecution and defence counsels — I U Khan and R K Anand, respectively.
But Nanda’s counsel said the reference was “not proper”, as the High Court order had nothing to do with the trial court’s verdict. Contending that Nanda was not served a notice or sought explanation by either trial court or the High Court about the collusion, Gupta said its mention in the court’s order was not appropriate. “Why should the High Court verdict in a different matter should find mention in my case as I was never made an accused in the sting case?”
Pointing to his client’s clean record, Gupta referred to affidavits by an NGO’s chairman and a volunteer who had praised Nanda for his work in Tihar Jail by conducting English and computer classes for inmates when he was in custody in 1999. Asking for a lenient approach owing to the convict’s age — Nanda was 21 at the time — Gupta chose a middle path and sought his release either on probation, or sentencing him to a period already undergone during trial.
Nanda was in custody for about nine months following his arrest in 1999.
On Tuesday, the court had convicted Nanda under IPC Section 304 part-II (culpable homicide not amounting to murder).
Utkarsh Anand
Posted on: Sep 04, 2008 at 0111 hrs IST
www.expressindia.com

FIR a must? SC order called for probe first
http://timesofindia.indiatimes.com/India/FIR_a_must_SC_order_called_for_probe_first/articleshow/3442090.cms
NEW DELHI: After ‘‘cracking the whip’’ on cops refusing to immediately register FIRs on receipt of complaints pertaining to commission of a cognisable offence, the SC hit an air pocket on finding that its earlier judgment had allowed preliminary inquiry prior to registration of FIRs. Senior advocate Shekhar Naphade, appearing for Maharashtra, pointed out the dichotomy to a bench comprising Justices B N Agrawal and G S Singhvi, saying that in a 2007 judgment in Rajinder Singh Katoch case, the SC had allowed preliminary probe ‘‘in appropriate cases’’ before registration of an FIR. Naphade said the state was ready to abide by the bench’s latest directive putting the onus on police for immediate registration of FIR, but it would be difficult to punish errant cops who were sure to take refuge under the 2007 judgment that allowed them to exercise discretion. The bench agreed with him that the judgment was an impediment to its August 8 order prescribing stringent action against cops refusing to register FIRs and wanted the counsel for states to find out the law laid down by the apex court on this issue. ‘‘We were under the impression that the provisions of Criminal Procedure Code left no scope for any dilly-dallying on registration of an FIR. But, it seems we have created confusion through the 2007 judgment,’’ the bench said. Unless ‘‘what is an appropriate case’’ is defined, it would be difficult to catch the culprit, Naphade said. This plea drew support from TN, Orissa, Chandigarh, Haryana and Puducherry. Arguing for Chandigarh Administration, advocate Kamini Jaiswal contended that making registration of FIRs mandatory would increase the misuse of anti-dowry provisions and confer a power that would surely be misused by police for extorting money.
4 Sep 2008, 0249 hrs IST,TNN
http://timesofindia.indiatimes.com

Havoc in Aravalis as SC norms are ignored
http://timesofindia.indiatimes.com/Cities/Havoc_in_Aravalis_SC_norms_ignored/articleshow/3442140.cms
SIROHI (FARIDABAD): Every time you see a swanky new building coming up in Delhi, think of the ravaged Aravalis, savagely slashed along the red quartize face, innards gouged out. Think of the labourers working in dust-laden pits and stone crushers for 12 hours, if not longer, for Rs 100 a day - work that, more often than not, leaves them with tuberculosis or silicosis a few years down the line. Think of Khori Jamalpur and Sirohi - the two legal stone quarries with a cumulative area of about 267 hectares, adjacent to the Pali-Sohna state highway where it cuts across backward Mewat, bringing to its people some temporary easy cash, but devastating their environment for successive generations. If you saw this bombed out tract of hills, just 36 km from Delhi, you would admit that the supply of stone chips for all constructions in the NCR comes at a high price. Perhaps, unacceptably high. The mines were started here with the Supreme Court's nod and also its guidelines for mining. When the apex court decided on Monday that the entire Aravali range in Gurgaon district would first be mapped by satellite imagery before new areas are opened up for mining, it overlooked this part of the Faridabad district. If it were to map this area too, and back that up with a ground-level survey, it would find that its own guidelines have been thrown to the winds. The world's oldest mountain range, standing guard against the desertification of the Indo-Gangetic plains, has been virtually decimated in these parts. Mining here doesn't have environment clearance. While the Central Pollution Control Board said in reply to a RTI application that the mines here don't have an NOC from them, the Haryana Pollution Control Board claimed to TOI that since "minor minerals" (quartzite) were being mined, no NOC is required. The violations appear to be many. We saw child labour in the mines, quarry and crusher workers working without mandatory safety equipment like masks, ear plugs and body suits. We were told about scant medical facilities, common respiratory diseases. We also saw boulder-laden trucks - 3,200 of them carry away 1,000 tonnes of stones every day, according to the manager of the Khori Jamalpur mines - using the Ballabhgarh-Pali-Sohna state highway, reducing it to a cratered mess, when they are supposed to take another road, specially built for the trucks by cutting through the Aravalis.
4 Sep 2008, 0311 hrs IST,TNN
http://timesofindia.indiatimes.com


SC notice to Modi in fake encounter case
http://www.expressindia.com/latest-news/SC-notice-to-Modi-in-fake-encounter-case/357151/
New Delhi, September 3 Police claimed that Pranesh Kumar Pillai alias Javed Shaikh was an LeT member who intended to kill Modi
The Supreme Court on Wednesday issued notices to Gujarat Chief Minister Narendra Modi and the state government on a petition seeking a CBI inquiry into an alleged fake encounter in which a youth, Pranesh Kumar Pillai alias Javed Shaikh, was killed in 2004.
The petition was filed by Shaikh’s father M R Gopinath Pillai, alleging that his son was gunned down by the Gujarat Police for having links with terrorist groups, though four years after the incident, there was still no evidence to this effect.
On June 15, 2004, a police team had gunned down Shaikh and three others, including a woman, in what was termed as an encounter. The encounter was among those supervised by suspended DIG D G Vanzara. The cops had claimed that the four, who were members of the Lashkar-e-Toiba, had entered Gujarat to kill Narendra Modi.
On Wednesday, a Bench comprising Justice Tarun Chatterjee and Justice Aftab Alam also issued notice to the state government on another petition filed by lyricist Javed Akhtar, seeking a probe by a special investigation team into the alleged fake encounters in Gujarat.
In his petition, Akhtar has claimed that innocent people, particularly from the Muslim community, were being targeted as terrorists and killed.
The petition said the killing of one Sameer Khan in October 2002 was a fake encounter and there was an attempt by the state government to hush up the incident. Khan, who was in police custody, was killed on the intervening night of October 21-22, 2002 when he allegedly snatched the revolver of a policeman who had accompanied him with a team to a spot where he had murdered a constable.
Khan was also said to be part of a conspiracy to assassinate Modi and other leaders.
Express news service
Posted: Sep 04, 2008 at 0216 hrs IST
www.expressindia.com

SC tells Orissa govt to protect people
http://timesofindia.indiatimes.com/India/SC_tells_Orissa_govt_to_protect_people/articleshow/3441990.cms
NEW DELHI: The Orissa government’s bland denials of raging communal riots on Wednesday made an angry Supreme Court seek its commitment on oath to provide protection to people and their property in the affected areas. The Centre, meanwhile, said that the BJD-BJP government was under the constitutional scanner. Acting on Cuttack archbishop’s charge that police was hand-in-glove with the perpetrators and that the state government was a mute spectator, the court asked the chief secretary to file an affidavit on Thursday stating that the administration “will take all steps to protect life and property”. If the state was asked by the court to file an affidavit to do its primary constitutional duty — protect the life and property of citizens — the Centre issued a veiled warning saying the Naveen Patnaik government was being watched “whether it was discharging its constitutional duties or not”. This assumes significance in the wake of home minister Shivaraj Patil’s inspection of riot affected areas on Wednesday. If the court sought commitment from the state, it asked the Centre to take proactive steps. “Do not keep a watch only. See if some steps could be taken to bring back normalcy,” it said. Faced with this observation, Additional Solicitor General Gopal Subramaniam said, “The home minister is visiting the riot affected areas to see whether the state government is doing enough to protect the people. We are finding out whether the state is carrying out its constitutional duty or not.” What enraged a bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and J M Panchal was the bland denial from state counsel Jana Ranjan Das that “allegations about continuing communal violence are false”. This met with a strong counter. Archbishop Raphael Cheenath’s counsel Colin Gonsalves told the court that on Tuesday night, a church was destroyed at Daringbadi and nearly 100 houses were torched. Apprehending fresh communal riots, Gonsalves also sought a direction to the state to ban VHP leader Praveen Togadia’s proposed rally on Friday with the ashes of slain religious leader Laxmanananda Saraswati.
4 Sep 2008, 0147 hrs IST, Dhananjay Mahapatra ,TNN
http://timesofindia.indiatimes.com


FTN: Stray cases don't make a judiciary successful
http://www.ibnlive.com/news/stray-cases-dont-make-a-judiciary-successful/72718-3.html
Businessman Sanjeev Nanda was on Tuesday convicted by a Sessions Court and held guilty for mowing down six people in a BMW hit-and-run case of 1999.
Additional Sessions Judge, Vinod Kumar held Nanda guilty under section 304 (part 2), culpable homicide not amounting to murder.
The court upheld testimony by the key witness Sunil Kulkarni that Nanda had backed his car carelessly after the accident, ruthlessly killing the survivors.
Six people had died as the drunken driver drove away. Nanda, grandson of a former Indian navy chief, later tried to destroy all evidence with the help of his co-passenger.
The verdict was reached out after a long drawn-out case which saw a lot of witnesses turn hostile, allegedly under the influence exercised by the powerful Nanda family.
CNN-IBN
Published on Wed, Sep 03, 2008 at 08:28, Updated on Wed, Sep 03, 2008 at 20:31 in Nation section
www.ibnlive.com

ICFAI files contempt application against CFA in Delhi HC
http://www.business-standard.com/india/storypage.php?tp=on&autono=45953
The ICFAI University has filed a contempt application in the Delhi High Court against US-based Chartered Financial Analyst Institute alleging violation of a Delhi High Court's order which had restricted it from enrolling students for the course.
ICFAI alleged that the US-based institute is registering new students and pressed for issuance of notice. However, the court said the matter would be taken up for hearing with the main petition filed by CFA challenging the single bench order disallowing it from conducting examinations in India.
However, counsel for CFA submitted that they are not violating court's order and only registering students outside India.
The division bench comprising Chief Justice A P Shah and Justice S Murlidhar, after hearing brief arguments, said the contempt application will be taken up for hearing along with the main petition on September 29.
On May 27 this year, the High court had allowed CFA to conduct June examination in India but prohibited it from registering new students.
Earlier, the CFA Institute had moved the high court seeking quashing of technical education regulator AICTE's order on ICFAI's appeal directing the US-based institute to end its India operations with immediate effect.
A single bench of the High Court dismissed CFA's petition seeking continuance of operations in India leaving in balance the fate of about 7,000 students enrolled with it.
CFA has been conducting the exam for the past 20 years.
Press Trust Of India / New Delhi September 03, 2008, 19:12 IST
http://www.business-standard.com

Reveal cut-off marks in civil service prelims, HC to UPSC
http://www.business-standard.com/india/storypage.php?tp=on&autono=45947
The Delhi High Court today directed the Union Public Service Commission (UPSC) to make public the cut-off marks obtained by candidates in preliminary test of the civil services examination.
"We observed that the documents submitted by UPSC in a sealed cover, are not of such nature that can be characterised as secret, or of a type the disclosure of which would not be in public interest," observed a Division Bench of Chief Justice A P Shah and Justice S Muralidhar in a judgement.
Upholding the April 17, 2007 order passed by a single judge favouring the CIC's decision which had held that disclosure of information pertaining to cut-off marks would not harm the interest of UPSC or any third party, the Bench dismissed a petition filed by the Commission against the single judge's order.
The Bench also dismissed the apprehension of UPSC that by disclosing the working of the scaling methodology for preliminary examination, merit can get compromised and candidates with less merit would be selected and said "...We are of the view that the apprehension of UPSC is not well founded".
Press Trust Of India / New Delhi September 03, 2008, 18:32 IST
www.business-standard.com

R K Anand challenges Delhi HC order restraining practise in court
http://www.indlawnews.com/newsdisplay.aspx?53ab7767-530a-46f8-b2bc-ba80c0968ffc
Senior Advocate R K Anand has challenged in Supreme Court the Delhi High Court order banning him and another lawyer I U Khan from appearing in any court in Delhi, including Delhi High Court, for four months for their involvement in trying to influence the witnesses in the BMW hit-and-run case.Anand, in his petition, has contended that only Bar Council can debar an advocate from practising and court is not competent to take any disciplinary action against an advocate and it can only refer the case to the state Bar council concerned, Delhi Bar council in this case, for disciplinary action.A two-judge bench of the Delhi High Court headed by Justice Manmohan Sareen found the two advocates guilty of trying to influence a key prosecution witness in the case, Sunil Kulkarni, to save the main accused in BMW case Sanjeev Nanda, who along with three others, was convicted by the trial court yesterday.The Delhi High Court also referred to its full bench the issue of the withdrawal of designation of Senior advocate from R K Anand.A sting was conducted by a satellite channel which showed that Anand and Khan who was Special Public Prosecutor in the case offering money to Kulkarni to turn hostile in the case.Khan was removed as Special Public Prosecutor in the case following expose in the sting.The Delhi High Court found both guilty of obstructing the course of justice by influencing the witness and also imposed a fine of Rs 2,000 each on the two advocates.Anand has prayed to the apex court to stay the operation of the impugned order till the final disposal of his appeal.The Supreme Court had earlier refused to transfer the case from the bench of Justice Sareen and the presiding judge of the Supreme Court Justice Arijit Pasayat had told Anand that this court would not allow bench hunt.UNI
9/3/2008
www.indlawnews.com


HC directs action against Gosainganj PHC staff
http://timesofindia.indiatimes.com/Lucknow/HC_directs_action_against_Gosainganj_PHC_staff_/articleshow/3439048.cms
Lucknow: Expressing sorrow on state of affairs prevailing at the community health centre in Gosainganj, on the outskirts of the state capital, regarding service to patients, the high court has directed the state chief secretary and principal secretary, medical and health to initiate disciplinary action against the doctors and staff, whose inaction had forced a woman to give birth to a child on the road outside the centre. Justice DP Singh directed the state government to issue appropriate order or circular to check the recurrence of such incidents in future and directed the two officials to submit compliance report in the court within two months. The judge also expected the government to compensate the victim, Sarvesh Kumari , a scheduled caste woman for suffering pain and trauma due to negligent act of the officials posted at the centre and on duty at the time of the incident. The order came in course of hearing of a writ petition filed by the staff nurse of the centre, Shakuntala Devi against her suspension order passed on July 2. The suspension was, however , revoked by the director general (medical and health services) on August 28 after filing of the petition. Sarvesh Kumari was hospitalised on June 29 at the centre and next day she was referred to Dufferin hospital. Due to financial constraints, she wanted the possible treatment at the centre itself but was forcibly discharged. Deprecating the entire episode, Justice Singh said, "It not only shows the sorry state of affairs but horrible and polluted mental state of the persons, doctors or staff, who had joined the medical profession to serve the society from their skill and knowledge as savers of life."
3 Sep 2008, 0650 hrs IST,TNN
http://timesofindia.indiatimes.com


HC lays norms for assigned land takeover
http://timesofindia.indiatimes.com/Hyderabad/HC_lays_norms_for_assigned_land_takeover_/articleshow/3438952.cms
HYDERABAD: The AP High Court on Tuesday issued certain guidelines to the state government to be followed before taking back assigned lands from the people. The division bench comprising justice A Gopal Reddy and justice B Seshasayana Reddy, while disposing of a petition they took up suo motu earlier, made it clear that the revenue authorities have to specify the nature of occupancy rights granted to the assignees before resuming the land from them.
It has to be specified if any market value is collected or if the land is given free of cost to the landless poor.
The authorities have to mention whether the said land falls within the notified area restricting alienability as per the notification issued under section 58-A of the Telangana Area Land Revenue Act, the bench said. Also it has to be specified, it added, whether Act 9 of 1977 applies to the nature of occupancy right/ assignment granted.
3 Sep 2008, 0559 hrs IST,TNN
http://timesofindia.indiatimes.com


HC admits tribal's plea against land sale by non-tribals
http://timesofindia.indiatimes.com/Hyderabad/HC_admits_tribals_plea_against_land_sale_by_non-tribals_/articleshow/3438946.cms
HYDERABAD: A division bench of the AP High Court on Tuesday admitted a writ appeal filed by a tribal woman of Chinnabhimpalli of East Godavari district agency area, who questioned the action of the revenue divisional officer (RDO) in straight away purchasing lands from the nontribals for the purpose of constructing Polavaram irrigation project. "The lands purchased by the RDO are ours and the people who sold it to the RDO are non-tribals with dubious claims over our lands," the petitioner, Karam Devudamma told the court. She also said that she was aggrieved by the order of a single judge of this court, who had earlier held that her petition was not maintainable and advised her to approach a civil court by way of a civil suit. Her counsel K Balagopal told the Bench comprising justice T Meena Kumari and justice Ramesh Ranganathan that the land purchased by the RDO was indeed the government land which was under the possession of the petitioner in an agency area. Outright purchase of land by the government from a non-tribal in a scheduled area is unlawful by virtue of AP Scheduled Areas Land Transfer Regulation, 1959 as amended by Regulation 1 of 1970, he said. When an unlawful exercise of power by a public official in the teeth of the law governing the scheduled areas is specifically alleged, the writ petition could not have been disposed of without even seeking a reply from the said official, he said. Ever since the state government took up the Polavaram Project on the Godavari river, the counsel explained , the situation had become worse for the scheduled tribes all over Devipatnam mandal in East Godavari district . Since a large number of people are to be evicted under the project, the government needs vast extent of land for rehabilitating them, he said. Non-tribals with dubious claims are coming forward to sell the land purportedly owned by them, he said. In most cases, the land is in possession of the scheduled tribes who have their own claim to the land and the non-tribals have never taken any steps to get them evicted by any lawful order, he added. Instead the non-tribals have preferred to sell the land to the government and pocket the consideration and the government in turn will evict the STs in occupation by force, the counsel alleged.
3 Sep 2008, 0603 hrs IST,TNN
http://timesofindia.indiatimes.com


HC grants custody of 4-year-old boy to mother
http://timesofindia.indiatimes.com/Mumbai/HC_grants_custody_of_4-year-old_boy_to_mother_/articleshow/3438788.cms
MUMBAI: In a trans-national custody battle , the Bombay high court on Tuesday granted interim custody of a four-yearold boy-with a South African citizenship-to his mother, an Indian citizen. The court also granted the boy's father-a South African national of Indian origin-daily access to his child till his stay in India. He is in the country till Saturday, said the mother's lawyer. However, after the hearing and the decision of a division bench of Justices B H Marlapalle and D B Bhosale at 3 pm, the boy had his own thoughts. The court had set out a time-table for the father's access to his son: three hours on Tuesday between 4 pm and 7 pm; eight hours on Wednesday and Thursday; and four hours in the day on Friday. The couple had barely stepped out of the court premises when the child said he did not want to go alone with his father . It was back to the court chamber once again for the parents, child and lawyer. Mukesh Vashi, counsel for the mother, said, "we can hardly force the child to go if he doesn't want to.'' So, the judges hit upon an idea and suggested that the mother could accompany the child. The father, who by then appeared a little crestfallen, perked up and agreed that the mother should come along for the access period. By the time the second round was over in court and the family walked out, it was 5 pm. With both living in the northern suburbs, the father in Kandivli and the mother in Borivli, the access duration may have been spent travelling homewards. The access came with a condition that the father deposited his passport in the court after Vashi apprehended that he might try to take the child back to South Africa. The judges, earlier in the day, spoke to the child to ascertain his wishes. After the interview, the court said the custody would remain with the mother at least for a period of three years. Nandlal would have access to the boy during his vacation as well as visits to India. Nandlal would also have to pay maintenance for the mother and child and bear all the education expenses. The court has given the couple time till Friday to sit with their lawyers and work out a settlement instead of engaging in an acrimonious litigation. "Don't drag this matter for long. Since you both have decided not to reconcile, it would be better to apply for divorce by mutual consent,'' the judges advised the couple, 46-year-old Rishi Nandlal and 34-year-old Deepti. The boy, who was born in Durban in July 2004, arrived in Mumbai in December 2006 with Deepti, who subsequently applied for custody. Deepti said she left Nandlal's house following "ill treatment" . The family court, however, pointed to the Guardians and Wards Act and said it did not have jurisdiction to decide the case of a foreign citizen. Nandlal's lawyer said the child was a South African citizen and the high court in that country had already granted his custody to the father. Nandlal also refuted the allegations of ill treatment. The court scheduled the matter for further hearing on Friday.
3 Sep 2008, 0527 hrs IST,TNN
http://timesofindia.indiatimes.com

Patil for using dispute redressal to give timely justice
http://www.zeenews.com/articles.asp?aid=466506&sid=NAT
New Delhi, Sep 03: President Pratibha Patil on Wednesday suggested use of mechanisms like dispute redressal to provide timely justice to litigants. "The resolution of disputes can be done in diverse ways. Litigants can be offered simplified options so that justice is neither delayed nor denied," the President said, adding that providing access to justice to all, particularly the marginalised section of society, remained a challenge. Speaking at a function to inaugurate the National Law School of Delhi University in New Delhi, the President emphasised on the need to adopt a holistic approach in imparting training to law graduates by familiarising them with other disciplines. "Legal education must equip law professional to meet the new challenges and dimensions of functioning in a globally integrated world. Expertise in international law and knowledge about legal system in other countries is still lacking in our country. Law courses must take international and comparative law perspective in the syllabi," she said. Chief Justice of India K G Balakrishnan said that there is growing tendency among the law graduates to join corporate sector. He suggested that they should prefer joining litigation as a good lawyer plays an important role in bringing changes in society. Union Law Minister H R Bhardwaj pointed out that legal education in the country has a long way to go in comparison to western countries. "We have not been able to catch up with the legal education in the United States and the UK. They are far ahead of us. We have to train our students to make them more competent and efficient," he said. Bureau Report
www.zeenews.com