http://economictimes.indiatimes.com/News/News_By_Industry/Telecom/Booming_market_rings_in_legal_disputes_for_telecom_JVs/articleshow/3524001.cms
MUMBAI: With current and erstwhile joint venture partners of most telcos locked in legal battles, telecom seems to have become one of the most litigious sectors in India. And as operators expand beyond India, they need to spend more on legal due diligence. Combined with legislation that lends itself to multiple interpretation, legal expenses of operators are only moving northwards. There is so much money in the sector, adding over 9 million users every month, that disputes are the most likely fallout. “When most JV partners got into the business, it was without a clear and defined path. They didn’t anticipate this kind of growth and as businesses are becoming bigger, everyone wants a bigger pound of flesh,” KPMG director (telecom) Romal Shetty told ET. The Birlas and Tatas joined hands with USA’s AT&T in 1995 to form a telecom venture now called Idea Cellular. However, the growth brought with itself the battle for having operational control. Ultimately, Tatas exited the JV in 2006, but also moved court against the Birlas for allegedly flouting the shareholders agreement. The matter is now under arbitration.
“Also, foreign operators who came to India in the second and third wave through M&As had to spend a huge amount of money for due diligence, fees etc. In Vodafone’s case, income tax litigation has opened a Pandora’s box,” said Akil Hirani, managing partner at law firm Majmudar & Co. “The difference of opinion between DoT and regulator TRAI on a whole host of operational matters causes a lot of difficulties. It results in filing of writ petitions or seeking legal opinion, increasing expenses,” he added. Amit Karkhanis, an advocate at the Bombay High Court, said when partners have disputes, they have no option but to approach the courts. “Telecom Disputes Settlement & Appellate Tribunal (TDSAT) does not have the power to adjudicate disputes between joint venture partners, leading to increase in number of court cases and legal fees,” he added. Vodafone is locked in arbitration with JV partner, the Essar group, over BPL Mobile while Malaysia’s Maxis, which bought Aircel Cellular from serial entrepreneur C Sivasankaran in January 2006 is now in arbitration with the Chennai industrialist. During the last fiscal, Bharti Airtel spent a whopping Rs 907 crore on ‘legal and professional expenses’ while the figure for Tata Communications (earlier VSNL) was Rs 421 crore. Reliance Communications clubbed it with administrative expenses, which stood at Rs 770 crore. However, an Airtel spokesperson said, “The generic account head ‘legal & professional’ includes several other expense heads. It includes other items such as expenses pertaining to IT and customer service under our strategic outsourcing arrangements with IBM and leading call centre service providers.” Analysts point out that with increasing global ambitions of Indian operators, legal expenses are bound to rise. “Stakes are very high in cross-border transactions. Stringent legal due diligence is required to ensure all norms are adhered to,” said Mr Shetty. Earlier this year, both Bharti Airtel and RCOM were chasing South African giant MTN for a possible combination of businesses. While a deal could not be signed, both the companies did spend crores on fees of lawyers, he said.
25 Sep, 2008, 0154 hrs IST,Rashmi Pratap, ET Bureau
http://economictimes.indiatimes.com
HC Orders CS to Appear over Dal Lake Pollution
http://www.kashmirobserver.com/index.php?option=com_content&view=article&id=1286:hc-orders-cs-to-appear-over-dal-lake-pollution-&catid=50:localnews&Itemid=81
Srinagar, Sep 24- - Kashmir High Court today directed Chief Secretary S S Kapur to appear before it on Thursday, over a public interest litigation (PIL) on the rapidly deteriorating condition of the world famous of Dal Lake.Taking a serious note of the non-appearance of Kapur, a division bench comprising justices Nisar Ahmad Kakroo and Hakim Imtiyaz Hussain directed the principal secretary, law department to ensure the chief secretary's presence in the court at 10 am.Despite an order, Kapur opted for non-appearance and on his behalf principal secretary to government, department of law, had appeared, reporting that the chief secretary was busy in a meeting."Does it amount to make the direction of the court subservient to the meetings in the secretariat? We choose not to express our opinion at this stage," the bench said.In order to avoid appearance of the chief secretary and commissioner secretaries of other departments, on an earlier occasion, the court had directed the state to appear through the advocate general."But he has chosen for oblivion and the state and its functionaries, excepting Lakes and Waterways Development Authority (LAWDA) have gone unrepresented, leaving no option for the court but to direct personal appearance of the chief secretary," the order said.The court observed that at a point of time, it wanted to operate through the chief secretary and consequently all the officers concerned and their responses were sought through him."The report received from the Pollution Control Board (PCB) among other things described the condition of the Lake as stinking, savage looking and flow of sewage and waste into the Lake to be the rule of day," the court observed.Quoting the report, the court said the condition of Lake was "alarming".Earlier, all the state functionaries, including the chief secretary, were made accountable to the court, requiring them to file a detailed report in terms of the direction dated September 19."This order was communicated to the chief secretary but amazingly he did not respond in writing." the bench said.
Agencies
www.kashmirobserver.com
Missing in Action
http://timesofindia.indiatimes.com/Editorial/Missing_in_Action/articleshow/3523756.cms
In the wake of the Delhi blasts and the terrorist attacks in other cities, there has been plenty of talk about intelligence gathering and coordination among states and security agencies. But a fundamental point seems to have been missed. The police are woefully understaffed to meet the challenge of tackling terror and crime. According to the latest figures, there are more than 1.3 lakh vacancies in the central and state police. This works out to a mere 143 policemen per lakh of population, which is well below the UN-mandated minimum norm of 222 police personnel for every one lakh people. While the ratio of police-to-people in India is much lower than most developed countries, it does not even compare to developing countries. Mexico, for instance, has 492 policemen per lakh of population. What is worrying is that some of the states that are worst hit by violence have the most police vacancies. For instance, Chhattisgarh - one of the states most affected by Naxalite violence - has about 7,000 vacancies in its police force. Another Naxalite-hit state, Jharkhand, has nearly 9,000 vacancies. But it's not just about numbers. There are serious problems with the structure of the police. The beat constable - the lowest link in the police but also the most indispensable - is poorly paid and given scant respect. He has little incentive to do his job and is liable to be corrupt. There is also a problem with the way the police functions as an institution. The police haven't yet shed its colonial-era baggage. So many years after independence the police still have an adversarial relationship with citizens. They haven't been able to win the trust of the people, something that is amply reflected even in Bollywood films. Efforts to reform the police have often hit a wall. In response to a PIL, the Supreme Court in 2006 ordered a comprehensive restructuring of the police force. This included a minimum tenure for police officers and a separation of investigative and law-and-order functions. Most states have, however, stalled these reforms. There is also massive under-reporting of crime in the anxiety of state governments to keep crime figures low. Uttar Pradesh is one of the worst offenders. This, along with the low conviction rate of criminals, has led to increasing instances of people taking the law into their hands. These cases of vigilantism and mob justice are an indication that the rule of law is seriously impaired in India.
25 Sep 2008, 0010 hrs IST
http://timesofindia.indiatimes.com
Plea seeks self-government status for Gandhinagar
http://www.freshnews.in/plea-seeks-self-government-status-for-gandhinagar-75047
The Gujarat High Court Tuesday admitted a public interest litigation (PIL) seeking the local self-government status for state capital Gandhinagar.
Jayant P. Bhatt, counsel for the petitioner Gandhinagar Shaher Jagrut Nagrik Parishad, told IANS that the state government had in December 2007 mooted a proposal to give the local government or municipal corporation status to Gandhinagar, about 40 km from here.
"As per article 243 (q) and 243(r) of the constitution and as per the 1994 amendment to Article 74, it is mandatory for all state governments to establish local self-government in large urban areas," he said.
Gandhinagar, a planned township that was developed as state capital after the Bombay state was carved into Maharashtra and Gujarat in 1960, has been part of the Ahmedabad district administration.
"If Junagadh with a population of 165,000 can be declared the seventh municipal corporation in the state, why not Gandhinagar with 195,000 inhabitants?" Bhatt pointed out.
Advocate General Kamal Trivedi appeared for the state during the hearing.
By Indo-Asian News Service on Tuesday, September 23, 2008
www.freshnews.in
High Court stays reinstatement of GMC council
http://www.assamtribune.com/scripts/details.asp?id=sep2508/at03
GUWAHATI, Sept 24 – The Division Bench of the Gauhati High Court comprising Justice AH Saikia and Justice Anima Hazarika today stayed the order of restoration of GMC council passed by the single judge of the High Court on September 15. The GMC council was dissolved by the Govrnment on May 26, 2008 and the dissolution was challenged by four councillors before the Gauhati High Court by filing a writ petition. The court by a judgment and order dated September 15, 2008 passed by Justice BK Sarma quashed the order of dissolution of the council dated May 26 and directed restoration of the council. The State Government has filed writ appeal No. 320 of 2008 challenging the earlier order dated September 15 and the court after hearing the appeal today issued notice returnable by November 5, this year.KN Choudhury, additional advocate general, Assam, J Patowary, advocate appeared on behalf of the State of Assam while GMC was represented by senior advocate Niloy Dutta and Debojit Saikia, standing counsel, GMC advocate Saurav Kataky appeared on behalf of the four GMC councillors.
Legal reporter
www.assamtribune.com
No undertrial to be handcuffed without permission, says High Court
http://www.indianexpress.com/news/No-undertrial-to-be-handcuffed-without-permission--says-High-Court/365665
Chandigarh, September 24 To ensure that no undertrial is handcuffed without the prior permission of court, the Punjab and Haryana High Court has issued directions to the Director General of Police, Punjab and Haryana, and the Chandigarh Inspector General of Police to convey the same to their officers.
A Division Bench of the High Court has also directed all the magistrates of Punjab, Haryana and Chandigarh to verify from each and every undertrial produced before them if they were handcuffed by the police.
The High Court has also directed the magistrates to know every detail before granting permission to handcuff any undertrial.
The Court made it clear that the police will have to give a reason if it wants to handcuff an undertrial.
Express News Service Posted: Sep 25, 2008 at 0118 hrs IST
www.indianexpress.com
High Court wants fresh board to hear Nalini's plea
http://www.hindustantimes.com/storypage/storypage.aspx?sectionName=&id=48fc2593-c16b-49b6-b776-057ffcc667c2&&Headline=HC+wants+fresh+board+to+hear+Nalini's+plea&strParent=strParentID
The Madras High Court on Wednesday ordered the constitution of a fresh advisory board to hear the demand of convicts in the Rajiv Gandhi assassination case who are seeking early release.
The court also urged Nalini Murugan and others to approach the Tamil Nadu government afresh with their demand, saying only the state had the power to effect premature release of life convicts.
Justice S. Nagamuthu, however, struck down the government order rejecting the demand for premature release, saying it was based on improper recommendations of the advisory panel.
S. Doraiswamy, the senior counsel who represented the convicts, claimed victory.
"The judge upheld our contention that the government had mindlessly rejected a just demand and ... ordered the reconstitution of the advisory panel whose recommendations were unjust and illegal. It is a big victory for those who believe in justice," Doraiswamy told reporters.
Prosecution sources told IANS that the court had not struck down the state's powers to decide upon the release of the convicted prisoners and had thus upheld its main contention.
Nalini Murugan alias Sriharan, who had accompanied the suicide bomber to the election rally where Gandhi was killed in May 1991, had sought her release saying she had spent more than the mandatory maximum 14 years in jail.
Three other convicts sentenced to death in the same case had appealed for release on the ground that they had waited for years for the hangman - a condition worse than the capital punishment. Further, they said they also had completed the life imprisonment period.
Nalini, her husband and former Tamil Tiger guerrillas Murugan and two others were sentenced to death for their role in the killing of Gandhi.
The Madras High Court had upheld Nalini's plea for clemency on a technicality and on the basis of an earlier ruling of the Supreme Court, which said that both the parents of a child should not be put to death. Her death penalty was commuted to life sentence.
Nalini had delivered a girl Megara (presently studying in Britain) in prison in 1992.
Indo-Asian News Service
Chennai, September 24, 2008
www.hindustantimes.com
Security stregthened in Kerala High Court http://www.hindu.com/thehindu/holnus/004200809241950.htm
Kochi (PTI): Security has been strengthened in the Kerala High court.
The State Home secretary and DGP had met Chief Justice H L Dattu on Tuesday and after discussions a decision was taken to tighten security, high court sources said.
Metal detectors would be installed in all main entrances of the court. Staff have been directed to bring their identity cards from tomorrow.The number of police personnel deployed in the high court has also been increased.
The security was tightened following an earlier proposal to increase the security in the court.
Wednesday, September 24, 2008
www.hindu.com
Women can serve alcohol: Karnataka High Court
http://www.newstrackindia.com/newsdetails/18731
Bangalore, Sept 24 (ANI): The Karnataka High Court in a land mark judgment gave ruling which allowed the employment of women at places that serve alcohol here today.
The ruling also quashes the existing "Karnataka Excise Act 1965", which prohibits women from working at such places including pubs, dance bars and live bands, where liquor is served.
The High Court while announcing its verdict also referred to a similar judgment by the Supreme Court last year, which permitted women to be employed as bar tenders provided their security was ensured.
While talking to media, Advocate for the live band association, bar girls association A.N. Ramesh said the High Court today quashed the Karnataka Excise Act 1965 and allowed women to serve liquor in bars.
Karnataka live band association's secretary Sanjay Kochar who fought the case said this judgment would provide more employment to women in Karnataka.
The Karnataka high court Judge Justice Shailendra Kumar delivered this judgment putting an end to a long controversy. By Kestur Vasuki (ANI)
Bangalore, Wed, 24 Sep 2008 ANI
www.newstrackindia.com
Tax dept must accept cos' audited accounts: SC
http://economictimes.indiatimes.com/Personal_Finance/Tax_Savers/Tax_News/Tax_dept_must_accept_cos_audited_accounts_SC/articleshow/3524128.cms
NEW DELHI: The Supreme Court has said the Income-Tax Department has to accept the authenticity of the accounts maintained in accordance with the provisions of the Companies Act and certified by the auditors. The assessing officer cannot go beyond the net profit shown in the profit and loss account, except to examine whether the books of accounts were duly certified by the authorities and properly maintained, the court said. A bench comprising Justice S H Kapadia and Justice B S Reddy said: “The AO (assessing officer) has to accept the authenticity of the accounts maintained in accordance with the provisions of Part II and Part III of Schedule VI to the Companies Act, which are certified by the auditors and pressed by the company in the general meeting.” “The AO has only the power of examining whether the books of accounts are duly certified by the authorities under the Companies Act and whether such books have been properly maintained in accordance with the Companies Act. The AO does not have the jurisdiction to go beyond the net profit shown in the profit and loss account except to the extent provided in the explanation (appended to Section 115J of the Income-Tax Act),” it said. According to explanation of the Act, the “book profit” means the net profit as shown in the profit and loss account prepared under sub-section (2) of the Act. The court said Section 115JA of the Act, which refers to ‘deemed income relating to certain companies’ has an overriding effect upon other provisions of the Act. In this case, HCL Comnet Systems & Services had filed its return for 1997-98. During the course of assessment proceedings, the AO found the company had debited Rs 92.15 lakh on account of bad debts to the profit and loss account. However, on the ground that it was a provision for bad and doubtful debts, the AO added the amount to its book profits.
25 Sep, 2008, 0258 hrs IST,Sanjay K Singh, ET Bureau
http://economictimes.indiatimes.com
SC: no urgent directions on release of TN prisoners
http://www.indianexpress.com/news/SC--no-urgent-directions-on-release-of-TN-prisoners/365635
New Delhi, September 24 The Supreme Court on Wednesday declined to pass any urgent directions on a petition challenging the release of 1,405 prisoners, including 22 women, by the Tamil Nadu Government on the occasion of the birthday of former chief minister C N Annadurai.
Refusing to grant an urgent hearing, the Bench headed by Chief Justice K G Balakrishnan said it will hear the matter in due course. The matter has been scheduled for hearing on October 13.
The PIL filed by four advocates — N Rajaraman, K Satish Galla, K K S Krishnaraj and V Senthil Kumar — alleged that the Government order relating to the release of prisoners was mainly to facilitate the release of partymen of the ruling dispensation by either misusing the power or by using the political will of the ruling party to get the sanction of the Governor, completely contravening the law.
“The Act (to release prisoners) was illegal and arbitrary and the Government had not taken necessary steps to obtain reports from the jail authorities about the convicts,” the petition stated.
Express news service Posted: Sep 25, 2008 at 0101 hrs IST
www.indianexpress.com
SC: right to property now a human right
http://www.indianexpress.com/news/SC--right-to-property-now-a-human-right/365463
New Delhi, September 24 Taking a cue from courts in the US and UK, the Supreme Court has taken a view that the right to property is now a human right.
Referring to several landmark decisions passed on the law of adverse possession of property, the Bench comprising Justices Dalveer Bhandari and H S Bedi noted, “The right of property is now considered to be not only a constitutional or statutory right but also a human right.” Quoting from a decision passed by an English court, the Bench said, “Human rights have been historically considered in the realm of individual rights such as right to health, right to livelihood, right to shelter and employment, etc. But now human rights are gaining a multifaceted dimension. Right to property is also considered very much a part of the new dimension.”
“Therefore, even claim of adverse possession has to be read in that context,” the apex court remarked taking an ‘activist approach’ similar to the English courts. “But what is commendable is that the dimensions of human rights have widened so much that now property dispute issues are also being raised within the contours of human rights,” Justice Bhandari, writing the judgement, said.
The bench said the Central Government should “seriously consider” a change in law to prevent squatters from dishonestly enjoying property. “There is an urgent need of a fresh look regarding the law on adverse possession. We recommend the Centre seriously consider and make suitable changes in the law of adverse possession,” it ruled while dealing with a provision of law which requires that the burden of proof lies on owners to show that they have the title to and have been in possession of the property and were dispossessed within a period of 12 years from the date of filing the suit.
Express news service Posted: Sep 25, 2008 at 2336 hrs IST
www.indianexpress.com
SC relief to Sony India on customs duty
http://economictimes.indiatimes.com/Personal_Finance/Tax_Savers/Tax_News/SC_relief_to_Sony_India_on_customs_duty/articleshow/3523342.cms
NEW DELHI: The Supreme Court has held that components of colour television (CTV) imported by Sony India cannot be treated as completely knocked down units and therefore would attract less duty. A bench headed by Justice S H Kapadia dismissed a petition filed by the Customs and Excise Department challenging the sectoral tribunal's ruling which held in favour of Sony India, a wholly-owned subsidiary of Sony Corporation, Japan. The department had alleged that the consignments imported by Sony India, a wholly owned subsidiary of Sony Corporation, Japan, between April 1995 to 1997 were not components but completely knocked down (CKD) kits which draw higher customs tariffs. The bench upheld the Customs, Excise & Gold (Control) Appellate Tribunal verdict which set aside the demand notice issued by the department asking the company to pay a differential duty demand of more than Rs 42.89 crore under the Customs Act, 1962. The tribunal while quashing the penalty of more than Rs 30.19 crore imposed on Sony India for duty evasion had also held that the duty demand by the department, direction for confiscation of components and imposition of penalty were unsustainable in law.
24 Sep, 2008, 2033 hrs IST, PTI
http://economictimes.indiatimes.com
Justice J.S.Verma on Judicial Appointments
http://lawandotherthings.blogspot.com/2008/09/justice-jsverma-on-judicial.html
In this interview, Justice J.S. Verma pleads for transparency in judicial appointments, while looking at his majority 1993 judgment in the Advocates-on-record case retrospectively. To a question on the Justice Sen affair, I am reproducing his reply which has not been carried in the published interview: "Even doubtful appointment should not be made. It is better not to appoint a doubtful person rather than appoint him and regret later. The amount which he got as a Receiver was meant to be deposited in some other account, and he deposited it in his own account, and kept it there for years. Even if he could not use it, he had it, and interest was accruing. So he had the benefit of that amount whether he used it or not. At least, this is a doubtful case, even if he had returned it later unless there is a cogent explanation why he had to deposit it. I can understand if immediately there is no other account, so he deposits the amount, and opens another account to transfer it. So his intention is clear. But if you retain it for years, and you need a court order, well, then, that is not something which a person at that level is expected to do."If those who recommended Justice Soumitra Sen’s appointment did not know his antecedents, they lacked due diligence. There may be certain things which are known only to the Executive, but this was something which must have been known, because it was part of the court record. And he was practising. His name must have been recommended by the Chief Justice of that court. SAIL is a PSU. That means there was lack of due diligence, if the Chief Justice did not know. If they knew, and did not act, it was failure. The question of accountability of the collegium now is only academic. You can only prevent these things, and put them on guard."
Posted by V.Venkatesan at 2:13 PM
Wednesday, September 24, 2008
http://lawandotherthings.blogspot.com
HC to hear ITC’s plea against ban on smoking on Sept 30
http://www.indianexpress.com/news/HC-to-hear-ITC-s-plea-against-ban-on-smoking-on-Sept-30/365620
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A bench headed by Justice Vikramjit Sen deferred the hearing after Centre conten-ded that a case related to the issue is coming before Supreme Court on September 29.
Besides ITC, two other petitioners, including Indian Hotels Association, have also moved separate pleas challenging the May 2008 notification issued by the Union Health Ministry to implement smoke-free rules from October 2 in all public places, including restaurants, hotels, pubs and discotheques.
Representatives of the hotel industry had approached the ministry last week asking for various exemptions in the implementation of the new rule, claiming that they would approach the court if their demands were not met. Teena Thacker Posted: Sep 25, 2008 at 0057 hrs IST
www.indianexpress.com
HC postpones hearing on Haj pilgrims’ ‘erroneous’ list
http://www.indianexpress.com/news/HC-postpones-hearing-on-Haj-pilgrims---erroneous--list/365596
Ahmedabad, September 24 The Gujarat High Court’s division bench of Chief Justice K S Radhakrishnan and Justice M S Shah on Tuesday deferred further hearing on the ‘erroneous’ list of Haj pilgrims from Gujarat to October 6.
As every state is allotted a limited quota as per their population ratio and there is huge rush of pilgrims, the names are sorted out through draw of lots by Haj committees of respective states.
In Gujarat, which has been allotted a quota of 4,211 pilgrims by the Central Haj Committee (CHC), about 7,200 pilgrims were selected by mistake through a computer generated draw on April 21 this year.
Although the CHC corrected the mistake on April 22 and held another draw for 4,211 from among the 7,200, it led to complications. Those who had their names on the list of 7,200 sorted out earlier had celebrated the event and made arrangements for the pilgrimage.
Express News Service Posted: Sep 25, 2008 at 0049 hrs IST
www.indianexpress.com
Karnataka HC okays women staff in bars
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=&id=3005a601-4608-44e6-b285-cad4accfff4e&&Headline=K'taka+HC+okays+women+staff+in+bars&strParent=strParentID
Karnataka High Court on Wednesday allowed women to be employed in bar and restaurants.
In response to two writ petitions filed by a group of bar owners and women employees, challenging the restrictions imposed by the state, Justice D.V. Shylendra Kumar held Rule 9 of the Excise Rules which prohibits employment of women as bars hostesses and Section 20 (2) of the Karnataka Excise Act as violative of the Constitution.
The petitioners complained the restrictions were hindering their fundamental rights and resulting in loss of job opportunities. “The restrictions are outdated and does not fit the modern thinking. They are against gender equality.”
They had also filed an undertaking stating no woman employee at their bar and related establishments will be compelled to serve liquor, if they have objections. “We may not start employing women straight away after the orders, we will wait for some time,” said M.S Jayaram, a petitioner and member of the live band owners association.
B.R. Srikanth, Hindustan Times
Email Author
Bangalore, September 25, 2008
www.hindustantimes.com
Battle for elected Gandhinagar municipality goes to HC
http://www.indianexpress.com/news/Battle-for-elected-Gandhinagar-municipality-goes-to-HC/365578
Ahmedabad, September 24 Gandhinagar is the only state capital in the country that does not have an elected local body
The battle for an elected civic body for Gandhinagar — the only state capital in the country without an elected municipality — has now reached the Gujarat High Court.
After all efforts of the Gandhinagar Shaher Jagrut Nagrik Parishad to get a favourable decision from the court failed, it moved a Public Interest Litigation (PIL) on Tuesday before a two-judge bench comprising Chief Justice K S Radhakrishnan and Justice M S Shah.
Syed Khalique Ahmed Posted: Sep 25, 2008 at 0040 hrs IST
www.indianexpress.com
Sale of K-G basin gas: Govt to approach HC
http://www.business-standard.com/india/storypage.php?autono=335448
The government will approach the Bombay High Court to remove the ban on sale of gas from Reliance Industries’ D6 block in the Krishna-Godavari (K-G) basin, a top official in the petroleum ministry said today.
If the court lifts the ban on sale of gas, RIL would be able to sell gas to entities other than the two companies — Reliance Natural Resources Ltd (RNRL) and NTPC Ltd, with whom it is locked in a court battle.
“Efforts are on to get the injunction vacated so that gas production can start at the earliest,” said Petroleum Secretary RS Pandey. “Till the stay is vacated, gas production (from the block) cannot begin. This is an issue of national importance,” he added.
Earlier this year, the Bombay High Court had ordered RIL not to enter into any third-party contract for the gas the company planned to produce in January this year. The entire volume of gas is under dispute, with Anil Dhirubhai Ambani Group company RNRL and government-owned power producer NTPC laying claim to a major volume of the gas.
The peak rate of flow of gas from the area is projected to be 80 million cubic metres per day (mcmd), which is nearly double India’s gas availability. Pandey said that many power and fertiliser plants were waiting to utilise their idle capacities by using the gas as fuel.
Pandey said the government had assessed the work in the gas block and the estimate was that production would begin by the end of the year. Earlier this week, RIL Chairman Mukesh Ambani had said the gas production would start between January and March next year.
However, the gas continues to be under dispute with the Bombay High Court scheduled to hold the next hearing in the case between RIL and RNRL on September 30.
When asked if the government would seek the lifting of the court stay order on the gas sale before the next hearing on September 30, Pandey said there was still some time for the gas to be ready to start flowing.
The dispute between the companies promoted by the two Ambani brothers relates to allotment of gas from the D6 block in the Krishna Godavari basin, operated by RIL, to a proposed power plant by RNRL, a company controlled by Anil Ambani.
RNRL claims it is entitled to 28 mcmd at a price of $2.34 million British thermal unit (mBtu) for 17 years, according to an agreement signed between the two brothers while separating the assets of the undivided RIL. The price was, however, rejected by the petroleum ministry in June 2006 as it claimed the price was not arrived at through an ‘arm’s length’ mechanism.
Last year, the government of India also set a higher benchmark price of $4.2 mBtu for the gas from the K-G basin. This is almost double the original price of $2.34 per mBtu agreed upon by RIL and RNRL.
Bs Reporter / New Delhi September 25, 2008, 0:24 IST
www.business-standard.com
Consider Nalini’s early release plea again: HC to TN Government
http://www.indianexpress.com/news/Consider-Nalini-s-early-release-plea-again--HC-to-TN-Government/365451
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Passing verdict on a petition filed by Nalini’s counsel, Justice S Nagamuthu accepted the petitioner’s contention that the Advisory Board of Vellore Special Prison for Women did not go through all relevant matter while preparing its report.
Holding that members of the board including its chairman were not informed about the meeting; that the district collector presided over the meeting without the authority of the law; and that all parameters enumerated in Prison Rules were not taken note of by the board, Justice Nagamuthu pulled up the authorities stating, “from the records available, what I could gather is that the entire exercise has been treated only as an empty formality and no serious concern was ever shown by the authorities to validly conduct the meeting and to seriously consider the issues in accordance with law.”
However, the court held that the petitioners did not have any “vested right” to demand premature release either under Article 161 or under the provisions of the Code, but added, “they have got a right to demand that their cases be considered for premature release if they satisfy the requirements of the Tamil Nadu Prison Rules.”
Express news service Posted: Sep 25, 2008 at 2327 hrs IST
www.indianexpress.com
Cheers! women bartenders
http://timesofindia.indiatimes.com/Cities/Ktaka_HC_allows_women_bartenders/articleshow/3523364.cms
BANGALORE: Raise a toast to women. Women in Karnataka can now be employed in licensed liquor serving joints - male bastions - as bartenders. Providing relief to women seeking employment in bars and restaurants, the Karnataka High Court on Wednesday quashed Rule 9 of the Karnataka Excise (General Conditions) Rules which had forbidden women from being employed in such places. In reaction to the verdict, the excise department said it had nothing to contest: the Act allows women to obtain all kinds of excise licences; there is no reason for us to prohibit women from serving liquor. Predictably, the government said it was yet to receive the judgment copy. Justice D V Shylendra Kumar, while allowing petitions filed by the owners of several bars and restaurants as well as women seeking employment, also set aside Sub-section (2) of Section 20 of the Karnataka Excise Act as unconstitutional. The section had allowed employment of women in such places on seeking prior permission of the deputy commissioners concerned. The judge, while negating the state government's contention that the rule was framed as a special provision under Article 15(3) to protect women, observed that Rule 9 of the Karnataka Excise (General Conditions) Rules, 1967 is ultra vires and unenforceable. Sub-section(2) of Section 20 of Karnataka Excise Act is unconstitutional, it noted. The judge has followed the Supreme Court's recent verdict in the Anuj Garg case wherein Section 30 of the Punjab Excise Act - with similar provisions - was struck down as discriminatory and unconstitutional and violative of Articles 14, 15, 16, 21 and 39. "The two-judge Bench of the apex court was aware of the order of the larger Bench which the state government has quoted in defence of its action in bringing this regulatory provision,'' the judge observed. "While as per Section 20 of Excise Act women can be employed with due permission from the deputy commissioner, Rule 9 of the Excise Rules clearly forbids women from being employed in such places. What has been given in the Act has been taken away in the rules," the petitioner had contended. R Roopa and other women had approached the court challenging the validity of Rule 9, calling it discriminatory and infringing on their fundamental right to means of livelihood. "With regard to social development, current social norms, trends and commerce, India having expanded and having become global, the restriction of the nature sought to be imposed is totally outdated and does not fit into modern thinking and (is) also against gender equality," the petitioners had contended. The state government, represented by advocate-general Udaya Holla, had defended the provision saying: "To safeguard general values, reasonable restrictions can be imposed. The state has the power to impose such conditions in the larger public interest." "Though liquor is dangerous, the right of women and their professional choice to seek employment cannot be curbed like this," counsel for the petitioners had submitted. The bar owners promised, "We will undertake that no woman employee employed in any capacity in our establishments will be compelled to serve liquor in the bar in the event she has objection to doing so."
24 Sep 2008, 2049 hrs IST,TNN
http://timesofindia.indiatimes.com
Concerned over Dal’s plight, HC seeks CS’s presence
http://www.risingkashmir.com/?option=com_content&task=view&id=7030
Srinagar, Sep 24: In response to a Public Interest Litigation on the deteriorating situation of Dal Lake, the double bench of the High Court on Wednesday sought the presence of State Chief Secretary, S S Kapoor in the court on September 25. Taking strong note of the absence of Advocate General, Altaf Naik, who was supposed to be present during the hearing, the double bench of the High Court comprising Justice Nissar Ahmed Kakroo and Justice Hakim Imtiyaz Hussain ordered the presence of the Chief Secretary and adjourned the court till 3:30 PM. However, Principal Secretary to Law department appeared in the court reporting that the Chief Secretary was busy in a meeting and hence could not reach the court. Annoyed by this the judges remarked, “Does it amount to holding the directions of the court subservient to the meetings in the secretariat.”The judges choose not to express their opinion at that stage and listed the case at 10 am on September 25 with a direction to the Principal Secretary Law department to ensure appearance of the Chief Secretary of the state before the court.Justice Nissar Ahmed Kakroo and Justice Hakim Imtiyaz Hussain observed said that from day one their endeavour has been to impress upon the state and its functionaries to realize the vital importance of Dal Lake vis-à-vis human and animal life besides maintaining its ecological balance.They observed, “At a point the court wanted to operate through chief secretary of the state. Consequently all the officers concerned were made accountable to him and their response was also sought through him. But the deviation became imperative on the last day of the hearing because the chief secretary simply transmitted the report of the officers to the court. He chose not to take corrective measures at his own level which he was empowered to by earlier directions of the court”.The double bench observed that the report received from the Pollution Control Board inter alia described condition of the lake as stinking savage with daily flow of sewage and waste into it. “Crux of the report of the agency is the disclosure of an alarming situation. In the given background a direction making all the functionaries of the state directly accountable to the court including the chief secretary came to be passed. They were directed to file a detailed report in terms of the direction of September 19,” they observed.“The order was communicated to the Chief Secretary but he did not respond in writing. So much so when the case came up for consideration today, the Advocate General chose oblivion compelling the court to seek the presence of the chief secretary,” they said.
Thursday, September 25, 2008 (Srinagar)
Rashid Paul
www.risingkashmir.com
Karna HC allows women to work in Bars and Restuarants
http://www.ptinews.com/pti/ptisite.nsf/0/D2D6687A1453D3D4652574CE0055F31F?OpenDocument
Bangalore, Sep 24 (PTI) The Karnataka High Court today allowed women to be employed as hostesses in bar and restaurants where liquor is served.The Court, while passing orders on a batch of petitions, held Rule 9 of the Excise Rules which prohibits employment of women as bars hostesses and Section 20 (2) of the Karnataka Excise Act as violative of the constitution.The petitioners C Ramesh and others had challenged these provisions.Justice D V Shylendra Kumar, while rejecting the government advocate's contention that since children and women needed to be protected in such places, ruled that "the Rule 9 of the said Act is ultra virus and unenforceable and Sub Section 2 of Section 20 of the Act is unconstitutional as it violates Article 14, 15, 16, 21 and 39 of the Constitution".The petitioner had submitted that he is running a bar and restaurant which is licensed by the authorities and it is his desire to provide employment to women as hostesses to provide better facilities to customers which are comparable to international standards.Another petition filed by Roopa and others, who lost their jobs after the police closed down dance bars, had also challenged these provisions.The city police had shut down dance bars invoking the provisions of the Excise Act.
PTI
www.ptinews.com
Justice Soumitra Sen case: Some puzzling questions
http://lawandotherthings.blogspot.com/2008/09/justice-soumitra-sen-case-some-puzzling.html
While writing on the Soumitra Sen case, I was puzzled by the propriety of the CJI writing to the Prime Minister on the issue. The CJI's request to the PM to initiate the process of removal of Justice Sen based on the in-house Committee report appears to raise certain jurisdictional issues. Under the Judges Inquiry Act 1968, only Parliament through Speaker or the Chairman of Rajya Sabha (or both) can set up a committee of three persons to inquire into the conduct of a Judge, and the committee's report is binding on Parliament. If this committee finds the Judge innocent, then Parliament cannot proceed further. Therefore, can the CJI or the in-house committee usurp the role of this statutory committee? What if this committee finds the Judge innocent or finds the charges against him not serious enough to warrant his removal? In the V.Ramaswami case too there was an inhouse committee, but this committee did not find prima facie evidence against the Judge, as the probe was already going on when the committee completed its work. Seervai, however, found this improper, as in his view, charges were prima facie true, as the Judge did not reply to the charges. But Seervai found Ramaswami's decision not to subject himself to the jurisdiction of the inhouse committee as legally correct, as the committee had no legal basis. The present inhouse committee of the Supreme Court draws its legitimacy from the Ravichandran Iyer judgment. But this judgment is only applicable to cases which warranted disciplinary action other than removal from office, which it conceded only Parliament is empowered. In Sen's case, the inhouse committee wanted him to resign, and when he refused, it recommended his removal, a conclusion which the CJI has endorsed in his letter to the PM. Therefore, did the inhouse committee and the CJI exceed the mandate of Ravichandran Iyer judgment of the Supreme Court? Rather than recommend his removal, the inhouse committee could have made its findings and the report public, even if its conclusion points out that the charges against the Judge are so serious that there is no appropriate punishment in the in-house procedure. The CJI, then, would have had no occasion to request the PM to initiate the process of removal, as the report of the inhouse committee, already in the public domain, would have well forced Parliament to take notice of the issue and initiate action.The inhouse committee report and the CJI's letter, in my view, have led to certain incongruities. By making their position known, the CJI, and the members of the inhouse committee, and the SC collegium which heard Sen have all made themselves ineligible for inclusion in the Inquiry Committee to be constituted by the Speaker or the Chairman. The Inquiry Committee's composition is clear: two of the three members have to be from Judiciary, one from the Supreme Court, the other from the High Courts, and the third an eminent Jurist (usually the former Judge). In the face of public recommendation from the inhouse committee, the collegium and the CJI, will two of the three members of this committee be able to examine the charges against Sen objectively? In other words, will the inhouse committee inspire the confidence of Justice Sen about its impartiality?
Posted by V.Venkatesan at 1:30 PM
Wednesday, September 24, 2008
http://lawandotherthings.blogspot.com
POTA a failed law, says Rahul Gandhi
http://www.expressindia.com/latest-news/POTA-a-failed-law--says-Rahul-Gandhi/365345/
Arrest of 2 students an ‘isolated incide...Red alert in Goa, security tightened at ...Key terror suspect Abu Basher brought to...
Jalandhar September 24: With Opposition BJP targeting the UPA government for allegedly being soft on terrorism, Congress leader Rahul Gandhi said that the country needed a tough anti-terror law but not a ‘failed’ statute like POTA.
"There should be a strong law to deal with terror. A powerful law, not a failed law. POTA is a failed law," the 38-year-old scion of the Nehru-Gandhi family said after a three-day visit to Punjab.
"When POTA was in operation, Parliament was attacked. We almost lost our MPs, Home Minister and the Prime Minister. When it was in operation, Kandahar took place," the Congress general secretary said, adding ‘fighting terrorism requires political will’.
In the wake of the serial blasts in Delhi, Ahmedabad, Bangalore and Jaipur, the Opposition BJP has been demanding reviving of the stringent POTA, that was scrapped by the UPA government.
Agencies
Posted: Sep 24, 2008 at 1337 hrs IST
www.expressindia.com
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