Daily Legal News 18.10.2008

HC quashes PSA against 4 persons
http://www.kashmirwatch.com/showexclusives.php?subaction=showfull&id=1224359124&archive=&start_from=&ucat=15&var1news=value1news

Srinagar, October 18: Jammu and Kashmir High Court Saturday quashed detention order under Public Safety Act against four persons and directed authorities to immediately release them.Justice Hakeen Imitiyaz Hussain after hearing the arguments of both sides observed that the charges labeled against detainees were 'counterfeit' and directed for their immediate release, PBI correspondent reported. According to PBI report, the persons whose detention orders were quashed by the court include Bilal Ahmad Naik, Nazir Ahmad Bhat, Imtiyaz Ahmad Dar and Mushtqa Ahmad Mala.The high court gave the order on a petition filed by the detainees through their counsels? T Khawaja, Mir Shafaqat, Bashir Ahmad Tak?challenging their arrest. (PBI)
Posted on 18 Oct 2008 by Webmaster
http://www.kashmirwatch.com/



Govt's undertaking to HC on rehabilitation
http://www.dnaindia.com/report.asp?newsid=1199117
BANGALORE: The state government on Friday gave an undertaking to the High Court of Karnataka that it will release within two weeks Rs 6.25 crore for the rehabilitation of the residents of Vajjal village in Hungund taluk, Bagalkot district.
The village has been submerged in the backwaters of the Chikkasinganutti irrigation project.
After hearing a petition filed by 84 villagers, a division bench headed by Chief Justice P D Dinakaran directed the government to release the money for rehabilitation as early as possible.
The High Court had ordered the government to release the rehabilitation funds way back on August 2, 2006.
The government's failure to implement the order has resulted in the petitioners moving the court again.
DNA Correspondent
Saturday, October 18, 2008 16:54 IST
http://www.dnaindia.com/




HC stays demolition work for Tumkur road
http://www.dnaindia.com/report.asp?newsid=1199116
BANGALORE: The High Court of Karnataka on Friday stayed the demolition work in connection with the widening of B H Road in Tumkur.
Justice Adbul Nazeer stayed the demolition work for a period of three months after hearing a petition filed by Renukamba and nine others, who alleged that despite the existence of a bypass road, officials with vested interests had taken up the road widening work.
DNA Correspondent
Saturday, October 18, 2008 16:53 IST
http://www.dnaindia.com/

Final HC hearing today on petition against EC
http://www.thedailystar.net/story.php?nid=59369
The High Court (HC) will hold today the final hearing on the petition challenging the Election Commission's (EC) re-demarcation of parliamentary constituencies.The court will also hear the petitions for quashing proceedings against former premier Sheikh Hasina in the Niko and barge-mounted power plant corruption cases. The HC bench of justices Mir Hasmat Ali and Shamim Hasnain on October 13 fixed today for hearing the writ petition that challenged the legality of the EC's gazette notification finalising fresh demarcation of the constituencies.EC's counsel Dr Shahdeen Malik yesterday told The Daily Star that it might take two or three days to complete the hearing on the writ petition against the re-demarcation of the constituencies. The EC on October 14 took back from the HC bench of justices Syed Mahmud Hossain and Quamrul Islam Siddiqui its petition for vacating the court order that stayed the re-demarcation of parliamentary constituencies as the writ petition was pending with an HC bench of justices Mir Hasmat Ali and Shamim Hasnain. "If more time is required for disposing the writ petition, the commission will move its petition to another High Court bench for vacating the High Court order that stayed the EC's re-demarcation of parliamentary constituencies," he said. Former BNP state minister Abdul Mannan filed the writ petition on August 6 challenging legality of the EC's gazette notification finalising fresh demarcation of the constituencies. The next day, the HC bench of justices Khademul Islam Chowdhury and Mashuque Hosain Ahmed stayed operation of the notification for three months, and directed the government and the EC to explain within two weeks why the notification should not be declared unconstitutional and illegal. Another HC bench of justices Sheikh Rezowan Ali and Md Rais Uddin deferred until today the hearing on the writ petitions filed by Hasina for quashing the proceedings of Niko and barge-mounted power plant corruption cases against her.The HC on July 7 stayed for two months the proceedings of the cases filed by the Anti-corruption Commission (ACC) against Hasina. The HC also issued separate rulings asking the ACC and the government to explain why the proceedings against Hasina should not be quashed.Following an application on August 27, the HC extended for three months the stay orders and fixed October 14 for hearing of the rulings.Sources said counsels for Jamaat-e-Islami Secretary General Ali Ahsan Mohammad Mojahid might move petition on his behalf before an HC bench today for his bail in the Barapukuria coalmine corruption case.
Staff Correspondent
http://www.thedailystar.net/



MSU, ministry join hands to identify loopholes in implementation of social justice
http://www.indianexpress.com/news/MSU--ministry-join-hands-to-identify-loopholes-in-implementation-of-social-justice/375208
Vadodara, October 18 : For the first time, the Ministry of Social Justice and Empowerment will work with a university to bring about changes in the implementation of social justice.
M S University's Faculty of Social Work (FSW) is conducting a two-day seminar with the Ministry titled
‘Effective Implementation of Atrocity Act’. The seminar is focusing on identifying the loopholes in the system of social justice.
With paper presentations by police officers, NGOs and Government officials, the ministry will incorporate the findings of the seminar in the implementation process.
Express News Service Posted: Oct 19, 2008 at 0156 hrs IST
http://www.indianexpress.com/

Dock officers to file PIL against KoPT
http://www.thestatesman.net/page.news.php?clid=6&theme=&usrsess=1&id=227695
HALDIA, Oct. 18: The Haldia Dock Officers’ Forum is contemplating on filing a Public Interest Litigation (PIL) against the Kolkata Port authorities and the ministry of shipping to prevent imminent closure of the dock. Mr Rama Kanta Burman, secretary of the forum said: “We will wait for 10 more days and if dredgers are not diverted to Haldia, we will file a PIL against the authorities of the Kolkata Port and the Union ministry of shipping.” Coming down heavily on the chairman of the Kolkata Port Trust, Mr Anup Kumar Chanda, Mr Burman said: “He is solely responsible for the crisis. Even after submitting memorandum to the chief minister, Mr Buddhadeb Bhattacherjee, yesterday, Mr Chanda did not go to Delhi to push for diversion of dredgers from the Sethu Samudram ship canal project to Haldia.” “Three months back, when Mr Pranab Mukherjee had sought report on the Haldia dock from Mr Chanda, he had simply ignored the poor navigability at the Auckland channel off Haldia dock in his report,” Mr Burman said. According to reports, as per a five-year dredging contract signed between KoPT and Dredging Corporation of India (DCI) on 1 April, 2002, DCI was to deploy five dredgers ~ DRs V, VI, XII, XIV, and XV ~ for dredging the navigable water in Haldia and another dredgers (DR XVI and XVII) for maximum 120 days per year in case the other dredgers were unable to maintain the depth. But for the last three years, the DCI had not been deploying DR-XV, XVI or XVII since these were deployed at Sethu Samudram.“Because of this, things are worsening since dredging has been stalled. Massive silt deposition is a major problem and if trends continue for two more months, Haldia port would not be able to operate. The Centre needs to take drastic action and speed up the dredging work. Otherwise, the port can’t be saved,” a Haldia dock officials said. Considering the gravity of the situation and the initiative taken by the chief minister, Mr Chanda today came to the Haldia dock complex and convened hours-long meeting with the officials. Sns
http://www.thestatesman.net/


UP Govt asked to file counter affidavit on PIL on riots
http://www.hindu.com/thehindu/holnus/004200810172221.htm
Allahabad (PTI): The Allahabad High Court on Friday asked the Uttar Pradesh Government to file a counter affidavit on a PIL seeking a CBI inquiry into the communal riots in the state's eastern districts more than a year ago and adequate compensation to the victims.
The order was passed by a Division Bench comprising Chief Justice H L Gokhle and Justice Vineet Saran which was hearing a PIL filed by a social organisation Awami Council for Democracy and Peace.
The PIL had drawn the court's attention towards the communal riots that took place in the districts of Gorakhpur, Kushi Nagar, Sant Kabir Nagar, Siddharth Nagar, Deoria and Maharajganj during January-February, 2007.
The court has fixed Nov 7 as the next date of hearing in the case.
Friday, October 17, 2008
http://www.hindu.com/


'Neglected' DU law faculty seeks more UGC funds
http://timesofindia.indiatimes.com/Delhi/Neglected_DU_law_faculty_seeks_more_UGC_funds/articleshow/3613208.cms

NEW DELHI: The "most neglected faculty'' of Delhi University is now crying for its due. The faculty of law in DU has sent a proposal to the University Grants Commission (UGC) demanding special funds for its upgradation plans while stating that the university has "neglected'' the faculty in all these years. The faculty has been planning to start new courses at the postgraduate level in human rights, gender justice, cyber law, law in biotechnology. According to the proposal submitted to the UGC earlier this month, the library in the faculty where even judges and lawyers come down to read, also needs a major revamp for which special funds are required from UGC as the university hasn't provided any funds to the faculty so far. According to S N Singh, dean, faculty of law, with no special funds released to it by the university, these plans haven't yet come through. "The university has never taken the faculty of law seriously. We have not got any grant for the past 40 years despite writing to the university several times. We cannot start any new courses unless we get enough funds. So we have informed UGC about our requirements,'' said Singh. The proposal of the faculty submitted for the release of funds under the 11th Five Year Plan, states that the faculty has over 4000 students and the alumni are also placed at high positions in the country and abroad. "But the university is not bothered. Two of our centres in the faculty have been running without a proper building. It was only after I filed a PIL that the university allocated lands for these centres on an order from HC. But nothing has come up on the lands even now,'' Singh said. However, the university authorities say the funds would have been released to the faculty of law only when the university had received them from the UGC. "The faculty should have written to me before writing to the UGC,'' said DU vice-chancellor, Deepak Pental. While refusing to comment on whether the law faculty had been neglected, Pental remarked that everyone was free to say anything. neha.pushkarna@timesgroup.com
19 Oct 2008, 0035 hrs IST, Neha Pushkarna, TNN
http://timesofindia.indiatimes.com/


2 illegal police chowkies demolished
http://timesofindia.indiatimes.com/Mumbai/2_illegal_police_chowkies_demolished/articleshow/3613558.cms MUMBAI: Two illegal police chowkies, one in Kalina and another in Jogeshwari (E), were demolished on Saturday.
"Pursuant to the high court's orders, we undertook the demolition of illegal chowkies in our area with the help of the BMC,'' said deputy commissioner of police Nisar Tamboli. Hearing a PIL, the court had in September asked the city police to complete the demolition of around 100 unauthorised chowkies within six months. Last year, in an affidavit, joint commissioner of police Hemant Karkare had admitted that of the 388 police chowkies in the city, 269 did not have any permission from the BMC. The petition had claimed that the chowkies were set up illegally on footpaths, or were obstructing roads, and had mostly been sponsored by private parties, including builders.
19 Oct 2008, 0037 hrs IST, TNN
http://timesofindia.indiatimes.com/



Towards gay rights as a social movement
http://www.mynews.in/fullstory.aspx?storyid=11585
In about 80 countries including India, homosexuality is illegal. Now, with a PIL being heard in Delhi High Court to decriminalize homosexuality, a debate has been set going for the gay rights in India.

In Pakistan too homosexuality is a criminal offence but in the areas dominated by Pathans, keeping boy lovers by elderly people is quite common. Also, a report on an Indo-Pak gay marriage is going around on the internet these days.

In the western world, many countries have the gay rights and gay marriages are being accepted socially. Still, in these countries people with different sexual preferences have got united in the form of social movements for special rights as a sexual minority.

Let’s know the history of the social movement for rights of the people with the same sex preferences from the information on the internet summerised as follows.

Immediately after the Second World War, a number of homosexual rights groups came into being or were revived across the Western world. These groups usually preferred the term homophile to "homosexual", emphasising love over sex. Later on this turned into a social movement.
Lesbian, Gay, Bisexual and Transgender (LGBT) social movements share related goals of social acceptance of homosexuality, bisexuality and transgenderism. People have a long history of campaigning for what is generally called LGBT rights.
LGBTs have been challenging the dominant constructions of masculinity and femininity, homophobia, and the primacy of the gendered heterosexual nuclear family (heteronormativity). Their political goals include the struggles for changing laws and policies in order to gain new rights, benefits, and protections from harm.

In arguing that sexual orientation and gender identity are innate and cannot be consciously changed, attempts to change gay, lesbian and bisexual people into heterosexuals are generally opposed by the LGBT community.
© 2008 mynews.in
(Dr. Lalit Kishore)
Publication Date 18/10/2008 11:37:04 PM(IST)
http://www.mynews.in/



Court tells govt to clarify stand on med PG seats
http://www.cainindia.org/news/5_2008/court_tells_govt_to_clarify_stand_on_med_pg_seats.html The vacation bench of the Bombay high court on Tuesday asked the state government if it was willing to withdraw its circular of April 4 announcing closure of 242 seats in the post-graduate (PG) medical courses.
People’s Health Organisation, an NGO, in a PIL had directed the court’s attention to the decreasing number of seats. The state government had accepted that there was a decrease, but it was taking corrective measures. However, it was waiting for the nod of the Medical Council of India (MCI). MCI said it was reviewing the courses.
The state said it sought MCI’s permission to approve of the PG medical courses recognised only by the Maharashtra Medical Council (MMC). Petitioners’s counsel Sanjay Jain said if MMC-reconised courses were reopened, 242 seats would be created. The court said if the government did not arrive at a decision, it would pass its orders irrespective of the government’s stand.
May, 28th 2008
http://www.cainindia.org/



Ambanis may yet go to court
http://sify.com/finance/fullstory.php?id=14779960
Mumbai: Reliance Industries Ltd (RIL) chairman, Mukesh Ambani’s lawyer on Saturday virtually ruled out the possibility of an out-of-court settlement with younger brother Anil Ambani in the ongoing legal dispute over gas supply.
RNRL to place portions of MoU before HC
Objecting to Anil’s lawyer Ram Jethmalani using “sharp words” against Mukesh, his lawyer Harish Salve said: “If you are going to call my client a fraud, a cheat, then the matter can never be sorted out.”
Ambanis told to seek third party's help
RIL and Anil’s Reliance Natural Resources Ltd (RNRL) are locked in a legal dispute in the Bombay High Court over terms of the Gas Supply Master Agreement whereby RIL is to supply gas to RNRL for the latter’s power plants. During an earlier hearing, Jethmalani had alleged that Mukesh “became dishonest” after the gas and crude oil prices shot up in the international market. He had also alleged that the petroleum ministry was favouring RIL.
Anil files Rs 10,000 cr defamation suit against Mukesh
Earlier, Justice JN Patel and Justice KK Tated had suggested that the two brothers mutually sort out the dispute. Anil had said that he was ready to meet Mukesh but the latter was not willing. Salve said that Mukesh was hurt at being labelled a cheat, forger and fraud by Anil’s lawyers. Ruling out a compromise, Salve said that he would argue the matter in court on Monday.
Anil files defamation suit against Mukesh
On Saturday, Anil’s lawyers concluded their arguments with his counsel Mukul Rohatgi suggesting that as an interim solution to the dispute, RIL should pay RNRL the difference between the price at which it will sell gas to other buyers and the price set by RNRL ($2.34).
Anil Ambani fires another salvo against Mukesh
Alleging that RIL made a “one-sided” contract Rohatgi blamed RIL for the three-year delay in starting RNRL’s plant in Dadri, Uttar Pradesh. He added that RNRL is not averse to supplying gas to the state-run NTPC.
“If RIL gives us (RNRL) 28 MMSCMD of gas immediately, we would give 12 MMSCMD of gas to NTPC at USD 2.34 per million British Thermal Units (BTU) till our own power plant in UP is ready,” Rohatgi said.
Gas production by RIL is slated to start next year but RNRL will take about three years to put up its power plant in UP. RNRL wants gas for 17 years and the current GSMA does not assure this, it says. Therefore, the HC suggested to RNRL that if the court were to accept RNRL’s case, it can order that the contract period of 17 years would start only after RNRL’s power plant is up and running. “Please don’t do that,” Rohatgi said adding that better option would be to allow RNRL to take gas immediately (once gas production starts), and to trade it.
More India business stories
RIL had agreed to supply gas to NTPC at the same rate, but that contract too is caught up in legal dispute. Rohatgi said that RNRL was opposed to postponement of supply because gas production would be at its peak in the initial three years. “We can’t trust RIL,” he added.
Under license from http://www.3dsyndication.com/
Anshika Mishra / DNA MONEY Sunday, 19 October , 2008, 09:22
http://sify.com/



116-yr-old high court building loses sheen
http://timesofindia.indiatimes.com/Chennai/116-yr-old_high_court_building_loses_sheen/articleshow/3614151.cms
CHENNAI: Many heritage structures in Tamil Nadu may have survived due to the timely intervention of courts, but the 116-year-old Indo-Saracenic building which houses the Madras high court itself is fast losing its sheen due to continued abuse and neglect. The DGP office complex and Queen Mary’s College buildings on the Marina, the Bharath Insurance Company building on Mount Road and Gokhale Hall in George Town — all these buildings escaped the sledgehammer only because the high court stepped in. While giving them a fresh lease of life, the court did not fail to reiterate the need to preserve structures of historical and heritage value and to evolve effective and uniform conservation laws in the state. But who will prevent the court’s 19th century building from being outraged at will? This is the question riling conservationists. Since the court complex lies within 500 metre from the high tide zone, new construction or modification of the structure shall be subject to the regulatory provisions of the Coastal Regulation Zone (CRZ). Stately corridors sealed on all sides; drilled and hammered walls; withering tiles and stained glass panes; and “anaconda-like” air condition ducts running through imperious court halls have completely disfigured the structure built in 1892. “Court authorities seem to have issued a death warrant for corridors in the building,” a senior member of the Bar said, pointing out that almost all the corridors have now been blocked and converted into aluminium-panelled ‘section offices’. The regal quadrangle, with a towering dome raising above a lounge, is a tale in itself. The stained glass that once decorated the dome is not there anymore, and one end of the corridor has been sealed to give extra space for a ‘section’. The ground floor below the quadrangle used to be a majestic junction of sorts. The once airy and bright area is now a gloomy passage avoided by judges and other dignitaries. The chambers of at least four judges have been illegally and unaesthetically extended to cover the second-floor corridors. “They have put up permanent walls and sealed the arch-like structure,” a court officer said. Indiscriminate wiring and digging work all along the walls, and even on the terrace, has been causing bigger damage. So much so that, a senior judge had to vacate his court hall recently as water started leaking from the ceiling of the original hall. “Only prolonged neglect could have caused such a damage,” conceded an official of the Public Works Department, which is maintaining the building. Original tiles and stained glass imported from England are now being replaced with cheap bathroom tiles or glass of inferior quality. A PWD official, conceding that they had neither qualification nor experience in handling heritage structures, says: “As and when complaints arise, we fix them.” Do they follow any guidelines while doing civil works in a heritage structure? “No,” says he, adding, “we fulfil the requirements specified by the Lordships”. The court had a vision to constitute a committee — Environment and Heritage Protection Committee. “But this committee lacks the wherewithal, will and, of course, skill, to deal with a heritage building of this magnitude,” says an advocate, who was briefly involved in the conservation efforts. While advocates blame it on the reluctance of the judiciary to empower an outside expert to implement his agenda, a court official said the government was unwilling to allocate sufficient funds to take up largescale renovation works on the premises.
19 Oct 2008, 0513 hrs IST, A Subramani, TNN
http://timesofindia.indiatimes.com/



Let Reliance pay us difference in gas price, RNRL tells court
http://www.thehindubusinessline.com/2008/10/19/stories/2008101951250100.htm Anil Ambani company offers interim solution.
Legal wrangle
RNRL alleges that had RIL signed a ‘firm gas sale agreement’ in January 2006, it could have had the Dadri power plant running by 2009
RIL had argued that RNRL did not have any operational gas based power plant to use gas from RIL’s KG basin
Mumbai, Oct. 18 The Anil Ambani Group company Reliance Natural Resources Ltd (RNRL) has asked Reliance Industries Ltd to pay RNRL the difference between the price at which RIL will sell gas to other buyers and $2.34 per mmbtu (million British thermal unit), the rate at which RNRL is seeking supply of gas.
The suggestion was made by RNRL counsel Mr Mukul Rohatgi as an interim solution to the ongoing dispute between RIL and RNRL on supply of gas. Mr Rohatgi told the Division Bench of the Bombay High Court that it may ask RIL to pay to RNRL the difference in price for three years.
Mr Rohatgi said that had RIL signed a ‘firm gas sale agreement’ with RNRL in January 2006, the company could have had the 8000-MW power plant in Dadri, Uttar Pradesh up by 2009. Therefore RIL should be directed to sign a proper agreement with the company.
Alternatively, RNRL should be allowed to trade in gas for three years (by then the Dadri power plant would be completed) to compensate the loss it suffered due to the delay and litigation.
The suggestion was made in response to the RIL argument that RNRL does not have any operational gas based power plant to use gas from RIL’s KG basin.
Gas from the KG basin field is expected to flow by the first quarter of 2009.
Mr Rohatgi said that current gas supply agreement with RIL was not bankable. Therefore, the court should direct RIL for arriving at an agreement with RNRL which could be used to raise funds, he said.
Since it is eligible for 28 mmscmd of natural gas under the demerger scheme it should be allowed to trade the gas for three years as an interim solution, Mr Rohatgi said.
He said that if RIL starts supplying gas without delay, RNRL can also supply 12 mmscmd (million standard cubic metres per day) of gas at the rate of $2.34 per mmbtu to NTPC till its power plant comes up in Uttar Pradesh.
RNRL’s senior counsel Mr Ram Jethmalani on Thursday had also proposed the same to the court that the company was willing to sell gas at $2.34 per mmbtu to NTPC. The company could still make a profit after selling the gas at that rate, he had said.
On Friday, RNRL passed a board resolution saying that it was ready to supply gas to NTPC.
Mr Rohatgi said that RIL in order to thwart any attempt to have a bankable gas supply agreements, crucial terms in the agreement have been given multiple definitions creating ambiguity. RNRL wants the gas for 17 years but the current gas supply agreement does not assure them of the supply, he said.
The Division Bench suggested to RNRL that if court were to accept RNRL’s case, it can order that the contract period of 17 years would start only after the Dadri plant is ready.
“Please don’t do that,” Mr Rohatgi said adding that a better option would be to allow RNRL to take gas immediately.
The argument will continue on October 20.
Rahul Wadke
http://www.thehindubusinessline.com/




Babus spar, HC judges ‘homeless’
http://www.indianexpress.com/news/Babus-spar--HC-judges--homeless-/375262
New Delhi, October 18 : UD ministry says no spare bungalow, Delhi govt says no land. So who will house the judges?
The Urban Development Ministry and the Delhi Government has had a series of collisions of late over Commonwealth Games and infrastructure projects. And the latest bone of contention is providing residential accommodation for Delhi High Court judges. While the ministry says its responsibility is limited to providing accommodation to only Supreme Court judges, the Delhi government has passed the issue forward due to "lack of bungalows and land".
According to the High Court Judges Rules, 1956 (as on January 1, 2007), a High Court judge is entitled to several benefits, including an official residence, throughout the term of office and an additional month and furnishings for the house up to a limit of Rs 1.5 lakh. For the HC Chief Justice, the ceiling on furnishing is up to Rs 2 lakh. The benefits also include free water upto 3,600 kilolitres and power of up to 10,000 units anually.
Esha Roy Posted: Oct 19, 2008 at 0341 hrs IST
http://www.indianexpress.com/

HC directs United India Insurance Company to give compensation
http://www.hindu.com/2008/10/19/stories/2008101956930100.htm
To parents of a three-year-old Sri Lankan refugee, who was killed in an accident
They originally claimed Rs.15,20,000
Civil appeal dismissed
MADURAI: The Madras High Court has directed United India Insurance Company to pay Rs.1.62 lakh to the parents of a three-year-old Sri Lankan refugee who was crushed to death under the wheels of a private bus near their camp at Thailaiyuthu in Tirunelveli district on May 30, 2002.
Dismissing a civil appeal filed by the public sector insurance company in the Madurai Bench, Justice M. Venugopal said that the amount awarded by a Motor Accident Claims Tribunal in 2003 was prudent, fair and equitable. The judgement, reserved here, was delivered at the principal seat of the High Court in Chennai.
The parents had originally claimed Rs.15,20,000 and subsequently restricted the amount to Rs.5 lakh.
It was contended that they had three girl children and the deceased was their only male child.
There was no chance of begetting any more children as one of them had undergone family planning operation.
On the other hand, the insurance company claimed that in the cases of young children of tender age, in view of uncertainties around, neither their income at the time of death nor the prospects of the future increase in income or chances of advancement of their career were capable of proper determination on estimated basis.
However, Mr. Justice Venugopal stated that the Supreme Court in National Insurance Company vs. Pittala Ramu (2007) had held that such issues could not be approached strictly in terms of commerce or calculations.
It needed to be decided on the touchstone of mental agony of the parents.
The Judge also recalled that the apex court in National Insurance Company vs. Muneer (2003) had observed that notional income could be assumed in both cases where persons concerned were not actually earning or had not reached the age of earning.
In this case, parents of a four-year-old accident victim was granted Rs.1.5 lakh.
Staff Reporter
http://www.hindu.com/


HC allows NRIs to play in squash tournament
http://timesofindia.indiatimes.com/Delhi/HC_allows_NRIs_to_play_in_squash_tournament/articleshow/3613298.cms NEW DELHI: In a step which might inject a greater level of competition in Indian Squash, the Delhi High Court has thrown open the doors for foreign players of Indian origin to compete in the national championship. It has also directed the government to review why there is no uniform sports policy followed by the national sports federations "in the best interest of sports in the country.'' Allowing a plea filed by the father of 16-year-old squash player Karm Kumar, Justice G S Sistani recently knocked off the rule of Squash Rackets Federation of India which prohibited persons of Indian origin from participating in the national championship. "The question thus arises whether individual sport federations, in the absence of any uniform sports policy, can be allowed to "pick and choose'' potential players for competitive sports? The answer is an emphatic `No','' the high court ruled, saying this way a sport can be made more competitive and performance of the country can be improved. HC took a dim view of arguments presented by the squash federation that unrestricted entry of foreign players would mean they, with superior training, would sweep all championships leaving local players stranded. "The contention that this rule has been made to protect interests of native Indian players against foreign nationals who have a relative upper hand, doesn't impress me. If Indian players can't compete against foreign nationals, they can't be expected to perform any better in the international arena,'' reasoned Justice Sistani, while quashing the rule. The judge also took note that the "trend of foreign nationals representing India in national and international sports is not new.'' In his petition, Rahul Kumar, father of Karm K who represented India at the junior level in squash championships abroad challenged his prohibition from participating in selection trials for the Asian Junior Championship this year. The reason for denying permission to Karm was cited as his holding a British passport by virtue of his father being born there. However, Karm himself was born and raised in the Capital. Terming the rule discriminatory, Kumar, through his counsel Roma Bhagat, pointed out that it is because of such attitudes prevailing in Indian sports that India performs poorly in events like the Olympics, Asian Games and Commonwealth Games. Arguing that the rule violated his son's constitutional rights, Kumar cited the case of Prakash Amritraj, a US citizen, who represents India in tennis. On its part, the squash federation maintained such a rule was necessary to prevent migration of talented squash players from India to greener pastures abroad. It maintained that players below the age of 16 years generally followed the sport as a hobby, leaving the country for greener pastures abroad once they were trained.
abhinav.garg@timesgroup.com
19 Oct 2008, 0058 hrs IST, Abhinav Garg, TNN
http://timesofindia.indiatimes.com/


Mirwaiz’s wife can stay for now: HC
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=&id=c21aa817-b44c-43c0-9616-f1b86f3b99d7&MatchID1=4814&TeamID1=6&TeamID2=1&MatchType1=1&SeriesID1=1212&PrimaryID=4814&Headline=Mirwaiz%e2%80%99s+wife+can+stay+for+now%3a+HC
Sheeba Masoodi, the US-born wife of All Parties Hurriyat Conference chairman Mirwaiz Umar Farooq, was asked by the state Foreign Registration Office on October 4 to leave Kashmir in 10 days. The reason: her five-year visa has expired.
But the Jammu and Kashmir High Court has stayed the notice, which was issued as the visa for Sheeba, an American citizen, had not been extended.
Sheeba, who married Mirwaiz six years ago, moved the court with the plea that her parents were Indian Kashmiri citizens. Besides, she argued, a girl married to a subject of Kashmir is automatically entitled to become a citizen of the state.
The High Court asked the government on Friday to file its objections in 15 days.
Meanwhile, Sheeba's applications for visa extension and dual citizenship are pending before the external affairs and home ministries.
Family sources of Mirwaiz consider the notice to be a new way of harassing the Kashmiri leadership. “this issue has never come up after their marriage in 2002. Now all of a sudden, a notice has been served on her,” the sources said, linking it to the stand Mirwaiz had taken especially after the Amarnath land row.
However, a senior state government official told Hindustan Times, “Law has taken its course. Her visa has expired. Since it has not been extended, a notice has been served. What's wrong with that?”
He said, “This is a legal issue and should be seen in that light only. She had a five-year visa, which has expired. The matter is as simple as that.”
Arun Joshi, Hindustan Times
Email Author
Jammu, October 19, 2008



HC nod for police probe against hotelier
http://timesofindia.indiatimes.com/Mumbai/HC_nod_for_police_probe_against_hotelier/articleshow/3613506.cms MUMBAI: The Bombay high court on Saturday gave the go-ahead to the police to investigate allegations levelled against one of Mumbai's top hoteliers by his wife. Shammi Nagpal, the complainant, had claimed that her husband had thrown her out of her home at Altamount Road. A division bench of Justices F I Rebello and Ashutosh Kumbhakoni also asked the police to look into the conduct of a senior inspector of the Gamdevi police, who had been accused by Shammi of failing to take any action on her complaints. Shammi had been married to Sudhir Nagpal, director of Piem Hotels Ltd, which partly owns Hotel Taj President at Cuffe Parade, for 21 years. She alleged that around March 18, while she was on a foreign trip, her house at Olympus Apartments, Altamount Road, provided by Indian Hotels Company Ltd. (IHCL) as director's accommodation was broken into and her possessions removed. She had named her husband as well as officials of IHCL in her complaint. She said that personal possessions worth over Rs 35.70 lakh were removed illegally from the house. According to advocate Satish Maneshinde, counsel for Shammi, a complaint had been lodged at the Gamdevi police station for criminal offences under the Indian Penal Code, dealing with theft (380), misappropriation of property (403), criminal breach of trust (406), wrongful restraint (341) and house trespass (451). Sudhir had claimed that he had surrendered possession of the flat as IHCL had terminated the lease agreement.
19 Oct 2008, 0022 hrs IST, TNN
http://timesofindia.indiatimes.com/


SC refuses to entertain PIL on uniform civil code
http://www.zeenews.com/articles.asp?aid=476872&sid=NAT
New Delhi, Oct 17: The Supreme Court on Friday refused to entertain a PIL seeking a direction to Parliament to enact legislation on uniform civil code. "There is no power with us to give such a direction", a Bench headed by Chief Justice K G Balakrishnan said. "This court has earlier also said that such a direction cannot be given to Parliament," the Bench said adding that "it is the prerogative of Parliament to enact a legislation". The PIL by Satya Pal said that there was a need for a uniform civil code in the country and submitted that he was approaching the apex court as Parliament has not taken any steps in this direction for the last 55 years. However, the Bench said it will not give any direction to Parliament to make a legislation as such powers were non-existent. When the petitioner said that the Prime Minister can be asked to take steps, the Bench said this was also not possible. The petitioner later withdrew the plea just when the Bench said it would dismiss it. Bureau Report
http://www.zeenews.com/



Bombay HC: PIL for holding Lok Sabha, Assembly elections jointly
http://www.indlawnews.com/Newsdisplay.aspx?5e5c27f9-73e5-4ae2-b3b8-80cf238a6f92
The Aurangabad bench of Bombay High Court has served notices to the state election commissions, Central Election Commission, Chief Election Commissioner and principal secretary (general administration, Maharashtra) to hold the ensuing Lok Sabha (LS) and Assembly elections jointly, as sought by a PIL. The Bench, comprising Justices N V Dabholkar and N D Deshpande, was yesterday responding to a PIL filed by one Suhas Yelikar, stating that the LS elections will be held in April 2009, while Assembly elections are to be conducted in October 2009.As per section 15 (2) of Representation of People Act, the chief election officer can conduct LS and Assembly elections jointly, saving around Rs 300 crore, the petition said.Mr Yelikar had earlier submitted a memorandum to the authority concerned on the issue. However, there was no response following which he filed the PIL.He also stated that the additional work of government employees will also be reduced with the joint election. Mr Yelikar’s lawyer Anil Golegaonkar brought to the notice of the court that the LS and Assembly elections in Maharashtra, AP, Karnataka, Sikkim and Assam were held jointly in 1999 and this had saved Rs 1,000 crore of the Government.The respondents will have to file a reply by November 24.UNI
10/17/2008
http://www.indlawnews.com/


Collegium clears elevation of three High Court Chief Justices
http://www.hindu.com/2008/10/18/stories/2008101853721000.htm
New Delhi: The Supreme Court collegium has cleared the elevation of the Chief Justices of the Madras, Patna and Kerala High Courts — Justices A.K. Ganguly, R.M. Lodha and H.L. Dattu — as apex court judges.
The total strength in the apex court is 26 and at present there are four vacancies.
The collegium of five seniormost judges including Chief Justice of India K.G. Balakrishnan on Wednesday finalised the names for three posts. There has been no representation for a woman after the retirement of Justice Ruma Pal in June 2006. This time also there is no recommendation for appointing a woman judge.
Sources say the collegium recommendations were being sent to the Law Ministry and from there these would be sent to Prime Minister Manmohan Singh. From him the files will go to President Pratibha Patil and the appointments are expected within a fortnight. Justice Ganguly (61), hailing from West Bengal, will have a tenure of little over three years as Supreme Court judge. He was appointed permanent judge of the Calcutta High Court on January, 10, 1994. He was transferred to the Patna High Court on April, 4, 1994 and back to the Calcutta High Court on August 1, 2000. He was shifted as judge of the Orissa High Court on April 21, 2006, and became its acting Chief Justice on January 28, 2007 and Chief Justice on March 2. He was transferred as Chief Justice of the Madras High Court on May 19, 2008.
Justice Rajendra Mal Lodha (59), who hails from Rajasthan, will have a tenure of about six years. He became judge of the Rajasthan High Court in Jodhpur on January 31, 1994 and was transferred to the Bombay High Court, where he assumed office on February 16, 1994. He was re-transferred to the Rajasthan High Court on February 2, 2007. He became Chief Justice of the Patna High Court on May 13, 2008.
Justice Dattu (58), from Karnataka, will have a tenure of about seven years. He was appointed judge of the Karnataka High Court on December 18, 1995. He became Chief Justice of the Chhattisgarh High Court on February 12, 2007 and was shifted to the Kerala High Court as Chief Justice on May 18, 2007.
Saturday, Oct 18, 2008
J. Venkatesan
http://www.hindu.com/




Farmers claiming ancestral right on Nano land to move Gujarat High Court
http://www.indianexpress.com/news/Farmers-claiming-ancestral-right-on-Nano-land-to-move-Gujarat-High-Court/374922
Ahmedabad, October 17 : Villagers of Chharodi say British govt had taken land on 90-year lease from their forefathers
After having failed to get any concrete assurance from the state government, farmers agitating against the transfer of 1,100 acres of land in Chharodi village to the Tata Motors have decided to move the Gujarat High Court.
They will challenge the government's decision on the ground that the land in question did not belong to the Government and had been wrongly appropriated by the latter through mutations in the land records.
Express News Service Posted: Oct 18, 2008 at 0206 hrs IST
http://www.indianexpress.com/


India: archbishop appeals to high court
http://www.catholicculture.org/news/headlines/index.cfm?storyid=804
India's high court has scheduled a hearing next week on a petition from Archbishop Raphael Cheenath, who has sought "urgent relief" for the victims of anti-Christian violence in the state of Orissa, saying that local officials have failed to control Hindu mobs. In a related development, police in Bangalore said that a fire in a Catholic church was caused by accident, but Archbishop Bernard Moras insisted the fire was deliberately set by Hindu radicals.
October 17, 2008
http://www.catholicculture.org/


SC concerned over rampant forging of caste certificates
http://timesofindia.indiatimes.com/India/SC_concerned_over_rampant_forging_of_caste_certificates/articleshow/3610626.cms NEW DELHI: The unending extension of reservation benefits, envisaged to last only 10 years by the framers of the Constitution, and continuous expansion of the number of communities that could avail it has had an unusual fall out - many a general candidate forging caste certificates. The number of forged caste certificate cases reaching the SC made a worried Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam speak out openly about the problem in general rather than focus on the individual case - a Maharashtra general category candidate seeking scheduled caste status relying on a 1945 document signed by his grandfather. "The business of forging caste certificates has become rampant, especially in Maharashtra. People are resorting to litigation relying on documents of yesteryears even when their fathers had never claimed to have belonged to a community recognized as scheduled caste," the Bench said on Friday. Appearing for petitioner Yashwant, counsel Shivaji Jadhav pleaded that his client's grandfather had described himself as a Mahadeo Koli, a community included in the scheduled caste list, hence he should not be categorised under the general category.
18 Oct 2008, 0227 hrs IST, Dhananjay Mahapatra, TNN
http://timesofindia.indiatimes.com/


SC seeks Orissa reply in nun rape case
http://www.thestatesman.net/page.news.php?clid=2&theme=&usrsess=1&id=227561
NEW DELHI, Oct. 17: The Supreme Court today granted time to the Orissa government to file a counter-affidavit to the petition seeking a CBI investigation into the alleged rape of a nun in Kandhamal. The directions came about on a plea made by the senior counsel Mr KK Venugopal, on behalf of the Orissa government, that the state should be permitted to file the counter-affidavit. A two-judge bench of Chief Justice Mr KG Balakrishnan and Justice Mr P Sathasivam granted time till 21 October to the Orissa government to file a counter affidavit to the petition seeking the CBI probe into the alleged rape of a nun in Kandhamal district which was rocked by violence following the murder of Swami Laxmanananda Saraswati and four others on 23 August. Mr Venugopal also submitted before the apex court that the petitioner seeking the CBI probe should be directed to place on record some reliable and concrete evidence to substantiate his allegations. Archbishop of Cuttack Raphael Cheenath, who earlier filed a petition seeking directions to the authorities to provide adequate security to tribal Christians in Kandhamal district of the state, has alleged the involvement of the Bajrang Dal in the rape of the nun, who was also subjected to public humiliation as she was allegedly paraded naked in public.
Legal Correspondent
www.thestatesman.net/


SC notice to TN on lifer’s remission
http://www.thestatesman.net/page.news.php?clid=2&theme=&usrsess=1&id=227554
NEW DELHI, Oct. 17: The Supreme Court today issued notice to the Tamil Nadu government on a petition filed by PR Ravichandran, a convict serving life term in the Rajiv Gandhi assassination case, who is seeking his release from jail on the grounds that he has already served 14 years. A two-judge bench of Chief Justice K G Balakrishnan and Justice P Sathasivam issued the notice after hearing counsel for PR Ravichandran, who contended before the court that the Tamil Nadu government was not taking a decision on his release though a large number of other convicts serving life terms have been released on completion of their 14 years in jail. The counsel also contended that the petitioner’s case for release is not being considered because of reasons other than those related to the law ~ for instance due to ongoing tensions between the LTTE and the Union government, he alleged. Ravichandran’s death sentence, given by the trial court and confirmed by the Madras High Court, was commuted to life imprisonment in 1995 by the apex court. Rajiv Gandhi was killed by a woman human suicide bomber belonging to LTTE on 21 May 1991, at Sriperumbudur near Chennai.
Legal Correspondent
http://www.thestatesman.net/


'Neither SC nor PM, can direct House to enact uniform code'
http://timesofindia.indiatimes.com/India/Neither_SC_nor_PM_can_direct_House_to_enact_uniform_code/articleshow/3610532.cms NEW DELHI: Those who were hoping for judicial activism to goad the government into enacting a uniform civil code (UCC) would be disappointed by SC's stand that it could not direct Parliament to pass such a law. In the last two decades, the SC may have stressed time and again the importance of enacting UCC as advised by the Constitution but on Friday, it refused to move beyond its stated stand. Between Shah Bano case judgment in 1985 and John Valamattom verdict in 2003, the SC had thrice stressed the need to enact UCC, saying it would help forge national integration and remove dissimilarities. Making the government's inaction on this score a ground, a PIL filed by Pooja stated that the time had come for the SC to direct the Centre and the PM to initiate legislative steps in this regard. Appearing for the PIL petitioner, S P Anand said it was a settled principle of law that whenever the government failed to act on the desired line, the court should give a mandamus - a concrete direction under its constitutional powers. "Neither the SC nor the PM can do anything in this matter. We cannot direct Parliament to enact a law. Such a prayer is not justiciable," said a Bench.
18 Oct 2008, 0108 hrs IST, TNN
http://timesofindia.indiatimes.com/


HC quashes TN govt order
http://www.chennaionline.com/colnews/newsitem.asp?NEWSID=%7BA6B08BF4-DB0E-4148-8489-2C296168FC07%7D&CATEGORYNAME=CHN
Chennai, Oct 17: Madras High Court today quashed a Tamil Nadu government order, refusing to renew the licences issued to video theatre owners in the state.
Allowing the petitions filed by two video theatre owners of Dharmapuri and Punnam districts, challenging the government order dated August 18, 1998, Justice K Chandru said when the legislature in its wisdom thought it fit to provide alternate form of entertainment through video theatres, it was not open to the executive to refuse renewal of licence.
"In as much as the petitioners are regular licence holders under the provision of Tamil Nadu Exhibition of Films on TV Screen through video cassette and cable TV network regularisation Act, 1984. Hence their right guaranteed under Article 19(1)(G) of the Constitution cannnot be taken away by arbitrary exercise of power by the state government," the Judge said.
The petitioners had submitted that they were given licences to run video theatres under the provision of Tamil Nadu Exhibition of Films on TV Screen through video cassette and cable TV network regularisation Act, 1984.
But the government refused to renew their licences following a meeting of theatre owners, cinema producers and directors held on July 3, 1998 under the then Chief Minister. The meeting decided not to grant new licences and renew existing licences.
"Once the legislature makes a general enactment and frame rules, it is for the appropriate licencing authority to consider applications in accordance with rules and the government cannot stop them from renewing licences on a general policy basis," the petitioners contended - Agencies
Published: Saturday, October 18, 2008
http://www.chennaionline.com/


Petition on stray dogs: HC reserves judgement
http://www.indianexpress.com/news/Petition-on-stray-dogs--HC-reserves-judgement/374997
Mumbai, October 17 : The Bombay High Court has reserved its judgement on the issue of rehabilitating stray dogs in Mumbai.
Petitioner, In Defence of Animals, in their written submissions had earlier said that the idea of ‘killing dogs’ advocated for controlling their population is barbaric, inhuman and unconstitutional. According to them, BMC has in the past adopted this strategy and failed.
“From 1939 to 1999, the corporation has put to sleep 25 lakh dogs and in spite of that they have failed,” the petition had said.
The NGO submits that through out the world countries which have opted for sterilization of dogs have been successful in controlling their population. Senior counsel Aspi Chinoy, who appeared for NGO Welfare of Stray Dogs (which is carrying out the sterilization process), submitted that the population of the dogs never went down but the rabies death had come down by one-third. He argued that it is not right to say that the city is at the mercy of rabid dogs.
Express News Service Posted: Oct 18, 2008 at 0345 hrs IST