Legal News 05.11.2008

PIL seeks judicial inquiry in killings of North Indians
http://timesofindia.indiatimes.com/India/PIL_seeks_judicial_inquiry_in_killings_of_North_Indians/articleshow/3677952.cms
NEW DELHI: Bihari youth Rahul Raj's encounter killing and a north Indian's murder in Mumbai are likely to engage attention of the Supreme Court with a petitioner seeking a judicial inquiry into the incidents, allegedly sparked by a hate campaign launched by MNS workers. Filing a PIL, an advocate has sought the Court's direction for providing security to North Indians in the state alleging that the Centre and the state government had failed to take proper action against those who have been instrumental in propagating the hate campaign against non-Marathi. "It is prayed that the Court order judicial inquiry in Rahul Raj and Dharam Dev Rai killing case," advocate Sanjiv Kumar Singh said in his petition alleging "there is total failure of the constitutional machinery in Maharashtra". Rahul Raj, 23-year-old resident of Patna was killed in a shootout in a BEST bus on October 27 and a day later Dharam Dev Rai (25), a resident of Faizabad in UP, was beaten to death in a local train in Mumbai. Blaming Raj Thackeray and his supporters for the backlash against the North Indian population in the state, Singh pleaded that the bail of MNS (Maharashtra Navnirvan Sena) chief be cancelled and he should be prosecuted under the National Security Act. "Raj Thackeray behaves like a regional terrorist, provokes enmity between different groups on grounds of religion, race, place of birth, residence, language etc and doing acts prejudicial to maintenance of harmony in the state," Singh said. He accused the Centre and the State government of indulging in vote-bank politics by going soft against alleged culprits. The MNS is indulging in criminal activities to win votes of Marathis, he alleged.
5 Nov 2008, 1816 hrs IST, PTI
http://timesofindia.indiatimes.com




High Court stays privatisation of lakes
http://bangalore.citizenmatters.in/articles/view/577-lake-protection
In a biting ruling on privatisation of lakes in response to a PIL, the High Court of Karnataka directed government bodies to take up development work on lakes themselves.
The High Court of Karnataka on Tuesday, 4th November directed the Lake Development Authority (LDA) not to enter into fresh agreements enabling private parties to own lakes. A division of the HC bench, comprising Chief Justice PD Dinakaran and Justice VG Sabhapathi, took the State government to task, observing that the government was trying to commercialise lakes by handing them over to the private parties.
The Court directed the government and the LDA to take a decision regarding steps to be taken to protect lakes and gardens, to preserve the beauty of cities and maintain ecological balance. It has given two weeks time to the government for this.
The bench delivered the verdict during the fifth hearing of a PIL filed by Environment Support Group and Leo Saldanha questioning the order handing over the ownership of Hebbal, Nagavara and Agara lakes to private parties. (The first two lakes are located in North Bangalore and the latter in the south).
The LDA signed an agreement with East India Hotels Pvt. Ltd, which operates the Oberoi chain of hotels, for the development of Hebbal Lake, Biota Natural Systems Pvt. Ltd for Agara Lake and Lumbini Gardens for Nagvara lake. "What the LDA is planning to do is in contravention of its own by-laws and directives of the Supreme Court," pointed Saldanha during the hearing.
Private parties were spending several crores of rupees to develop and commercialise lakes, but the government had not taken any step, observed the Court. The bench questioned LDA as to what amount had been earmarked in the budget for the protection of lakes. The representative of Lumbini Gardens said that the company has signed the agreement for 15 years and has already spent Rs 15 crores for the beautification of Nagvara lake and were also paying Rs 40 lakhs as monthly fee to the government.
On this the Bench asked them to stop all the development work with immediate effect. Furthermore the court asked the government to return the money spent by the private parties and continue the beautification work.
The bench also ridiculed government bodies by saying that the LDA is working like an agency and not an authority. From one side it is behaving like and agency for the government and from the other side for the private parties. It also mentioned that the LDA went ahead with the commercialisation ignoring the objections from the Forest Department and the Karanataka State Pollution Control Board. At the same time the government was also criticised for its laid back attitude towards the case.
"If the government was serious enough in performing its duties towards the maintenance of the lakes then there would have been no need to create the LDA and then further make way for privatisation," said the justices. The bench further mentioned that there are many talented officials in the government who possess tremendous knowledge about preserving lakes, but their talent has not been effectively utilised. Hence, such officials are selling their talent to private parties, the bench noted.
"The government is making all efforts to prevent citizens from enjoying natural beauty. The Court cannot be a mute spectator to such a development. There can be no development at the cost of the nature. If allowed to act as per its whims and fancies, the government will soon privatise Cubbon Park and Lal Bagh," the bench observed.
The bench concluded by saying that the government was not serious and undertook all the supposed development as just eyewash to the public. It asked the government to give powers to the tourism department to take up lake development and stop LDA from entering any fresh agreement or commercialisation activities.
Supriya Khandekar
05 Nov 2008
Supriya Khandekar is a staff journalist at Citizen Matters.
http://bangalore.citizenmatters.in



Doing damage control
http://www.dnaindia.com/report.asp?newsid=1203491
Tuesday, November 04, 2008 21:41 IST
In a meeting with the country's top bankers, FM P Chidambaram yesterday said that Government banks must reduce interest rates for loans. This effectively will means home loan and other consumer loans EMIs could soon cost less.n It was high time banks brought down interest rates on loans. The common man has been struggling to cope with the kind of load EMIs have been exerting over the last six months. Besides, to fuel growth we need to make loans cheaper.—Prakrit Joshi- Few banks have cut their interest rates on loans in the recent weeks. They seem to be paranoid about hanging on to their cash. The housing and construction sector will die unless the banks comply with the finance minister's suggestion.—Gulzar Mehta
The Supreme Court yesterday observed that the hate attacks on North Indians in Mumbai can be stopped if there is a political will. The court was hearing a PIL seeking protection for North Indians in Maharashtra.- This is what every intelligent man and woman in this state has been saying for a long time now. It is what the Prime Minister told our chief minister. But the state's leaders are not displaying any will to tackle the situation because it does not suit their electoral politics.—S Tamhane- The NCP-Congress combine find Raj Thackeray's brand of politics very convenient for their purposes. I hope the state leaders hear the SC view and take some action. But their track record leaves me skeptical. —Anandita Swami
A new study found that women have a greater variety of bacteria on their hands than men do. This could be because men have more acidic skin than women. Also, everybody has more types of bacteria than the researchers expected to find.- This is the kind of information most of us in India can do without. If we start worrying about the kind of bacteria we court all the time here we would have to stop breathing. Only the West can afford to obsess like this over germs.—S Chauhan- I guess women are more hands-on so they land up with more germs! Seriously, I have always suspected that we live with more germs than we would have liked to. And the less we know about these things the better it is for our peace of mind —J Bassi
www.dnaindia.com



Quota applicable to all central institutions: High Court
http://www.headlinesindia.com/education-news/central-universities/quota-applicable-to-all-central-institutions-high-court-3377.html
New Delhi: The Delhi High Court on Tuesday ruled that the reservation policy will be applicable to all central government-run universities in the capital regardless of caste-specific quotas at various institutions. However, in case of the Delhi government-run institutions, such benefits cannot be extended to students whose castes do not figure in a list notified for the capital.
The court held that only those Scheduled Castes (SC) or Scheduled Tribes (ST) students can avail of the benefits of reservation in the educational institutions run by the Delhi government whose tribe or caste figures in the notified list. Such students from any part of the country can avail of the benefits of reservation in the central government-run educational institutions like Delhi University (DU) and All India Institute of Medical Sciences (AIIMS).
"For admissions to institutions managed and completely controlled by the Delhi government, reservation can be enjoyed by only those caste groupings enlisted in the Scheduled Castes (Union Territories) order, as regards Delhi and subject to the conditions spelt out there," said Justice S Ravindra Bhat in a judgement. "In the case of the central government institutions like DU and AIIMS, however, the entire funding and control is through such government (that) members of SCs and STs, fitting the description, from any part of the country would be entitled to such reservation benefits provided they fulfil the criteria prescribed in relation to the concerned state," the court observed.
The court order came on a petition filed by Kavita Khorwal, an SC student, challenging the DU's decision rejecting her application for an entrance examination for LLB in the SC category in June 2004. She was later granted interim relief by the court to appear in the exam. She said that the DU had rejected her application on the ground that only SC candidates whose caste is notified in Delhi could be considered for admission in the SC category rank listed in the LLB entrance examination. (IANS)
www.headlinesindia.com



MNS row: PIL in SC against Raj
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080071445&ch=11/5/2008%204:17:00%20PM
A day after the Supreme Court observed that hate attacks in Mumbai can be stopped if there is a political will, a Public Interest Litigation has been filed in the apex court against the MNS Chief Raj Thackeray.The petition filed by S K Singh -- a lawyer -- seeks judicial probe into the killings of Rahul Raj and Dharam Dev Raj.Rahul from Bihar was killed by Mumbai police when he tried to take passengers in a bus as hostages protesting against the attacks on North Indians. Dharam Dev from was alleged beaten to death in a train in Mumbai.The petition says that North Indians are attacked in Mumbai by MNS cadre and it is a threat to national security.The Maharastra government and the Centre are not protecting the north Indians. The petitioner seeks the apex court to cancel the bail of Raj Thackeray and he be arrested under National Security Act.The Judicial probe into the killings of the two North Indians, the petitioner wants, be done by a sitting Judge of Supreme Court or High Court.
A Vaidyanathan
Wednesday, November 05, 2008, (New Delhi)
www.ndtv.com



Punjab & Haryana HC: To set up Lok Adalats, mediation centres for prompt justice
http://www.indlawnews.com/newsdisplay.aspx?a3cfdcd7-d496-4062-81b9-5f285dbea6ba
11/5/2008
The Punjab and Haryana High Court would set up 3 new Lok Adalats and 20 mediation centres in the two states to ensure accessible, affordable and speedy justice for the common man.The HC Legal Services Committee president Justice K S Grewal and HC Mediation and Reconciliation Committee president Justice Mahesh Grover told media persons here that while the Lok Adalats would hear the civil and petty criminal cases, the mediation centres would deal with cases pertaining to family and marital discords.Justice Grewal said the High Court, at present, has only 1 Lok Adalat which was not enough to deal with the numerous cases.Thus, it was decided to set up 3 more Lok Adalats which would be inaugurated on November 8 by Justice Satyavrat Sinha. Each Lok Adalat would have a two-member division bench consisting of a former judge each of the HC and Sessions Court, he added. The Lok Adalats would commence regular functioning from November 10 and would take up accidental compensation cases related to insurance companies from Monday to Thursday while on Friday and Saturday, cases related to roadways would be heard. Initially, 2800 cases would be taken up, Justice Grewal said.Regarding the mediation centres, Justice Grover said Justice Sinha would inaugurate 10 such centres each in Punjab and Haryana on November eight. ‘These centres would aim at solving the family and marital discord related problems with mediation and compromise and we would endeavour to open such centres at the sub-divisional and village level so that the rising number of cases pertaining to family feuds could be curtailed and the problem dealt with at the initial stages,’ he said.He said in the mediation centres, apart from trained judicial officers, there would also be teams of mediators who would deal with and dispose of such cases at their own level. To begin with, a team of 21 lawyers has been prepared and 40 more lawyers would be trained to deal with such cases in the mediation centres, Justice Grover said.UNI
http://www.indlawnews.com/newsdisplay.aspx?a3cfdcd7-d496-4062-81b9-5f285dbea6ba



Luxuries provided by clubs to members not taxable: Madras HC
http://www.hindu.com/thehindu/holnus/002200811050931.htm
Chennai (PTI): The Madras High Court today ruled that luxuries provided in rooms rented out by clubs to their members could not be brought under the purview of luxuries Act.
Allowing a batch of writ petitions filed by the Presidency Club, M/S Coonoor Club and three other clubs, Justice K Chandru held that section 4 of the Act, levying tax on luxuries provided in a hotel could not be applicable to clubs renting rooms as accommodation to its members.
Stating that the definition of hotel as provided under the Act was not susceptible for any different meaning, the Judge noted that Tamil Nadu government had not even suggested that the clubs while providing accommodation "is doing a business so as to attract the charging section 4 of the Act".
He said the action instituted by the authorities in attempting to cover the clubs in the purview of the act was without any jurisdiction.
"Any action taken pursuant to such coverage will become bold," the Judge said and directed the authorities concerned to return any tax collected from the petitioners by coercion or compulsion within eight weeks.
He said the clubs could utilise the amounts for providing better amenities to their members.
The petitioners contended that they were rendering service to the members by collecting subscriptions, contributions and fees which were being used for providing services and amenities exclusively for its members and that they were not profit oriented.
http://www.hindu.com/thehindu/holnus/002200811050931.htm



HC order fails to save Smriti Upvan
http://timesofindia.indiatimes.com/Lucknow/HC_order_fails_to_save_Smriti_Upvan/articleshow/3675060.cms
5 Nov 2008, 0625 hrs IST, TNN
LUCKNOW: In what could be a gross violation of high court orders asking for the restoration of an ancient lake in Smriti Upvan, the Mayawati government has started levelling up the waterbody. A division bench, comprising Justice Pradeep Kant and Justice Ved Pal, on September 10 had summoned officials of the Lucknow Development Authority (LDA) and Lucknow Municipal Corporation (LMC) to explain the apathy and disrespect shown to the memorial, a project undertaken by former chief minister Mulayam Singh Yadav in 2006. The bench in fact wanted to know as to who was the exact authority responsible for dumping of waste in the lake. The orders came on a public interest litigation (PIL) petition filed by 1971 war Vir Chakra-awardee, Lieutenant Colonel (retd) RP Chaturvedi and Colonel (retd) Satyaveer Singh Yadav. Notwithstanding the high court order, as many as 12 trucks and three JCBs have been pressed into service to level up the lake. Though zonal officers of LDA refused to comment, sources said that the entire lake spreading over an area of around eight acres would be filled with mud before November 25 when Lucknow Mahotsav begins.
http://timesofindia.indiatimes.com/Lucknow/HC_order_fails_to_save_Smriti_Upvan/articleshow/3675060.cms




Rape victim's kin to move HC
http://timesofindia.indiatimes.com/Chandigarh/Rape_victims_kin_to_move_HC/articleshow/3674720.cms
5 Nov 2008, 0503 hrs IST, Rajinder Nagarkoti, TNN
PANCHKULA: More than one-and-a-half months after the alleged gangrape and torture of a Panchkula schoolgirl shook the Tricity, the victim’s family has decided to knock the doors of Punjab and Haryana High Court with cops failing to fix the accused, including Chavvi, the minor’s senior in school at one time. The last nail in the coffin came on November 1, when an accused was granted bail reportedly because of police oversight. Informing TOI that a petition would be filed in the HC, a family member said, "We are really tired of waiting to get justice. Now, our last hope is the high court and we have given all related documents to our lawyer to file a petition." Accusing the police of shoddy investigations, the victim’s uncle told TOI, "Cops did not mention that the girl was a minor in the FIR and case papers because of which one of the accused managed to get bail." The family’s decision has also been fuelled by extreme pressure to take back the case. "We have received threats not only from families of the accused but also policemen. A sub-inspector with Panchkula police along with another cop came to our house on Monday night and tried to force us into a compromise with the accused," said the victim’s mother who was left disappointed by DSP (HQ) Rajesh Kalia on Tuesday. "He kept us waiting for hours when my daughter and I went to meet him. Finally, we submitted our complaint to his reader," she added. On Monday, they reportedly failed to have an audience with the DGP as well. Vowing to fight for the victim till the end, another family member alleged, "The kin of an accused came up with Rs 7 lakh to settle the matter outside court. It’s sad that investigating officials are also helping the accused." The victim is presently preparing for her examination at her relatives’ in Shahbaad. In a related development, Panchkula police on Tuesday evening summoned Chavvi’s close friend to the office of DSP (city) for questioning. A resident of Sector 9, the girl was named by the victim in her statement recorded under Section 164 of CrPC. "Chavvi’s friend had once come with Jatin, an accused, to meet the victim and she later helped the offenders in morphing pictures of the minor to blackmail her," said a hassled family member. Later in the day, DIG SS Kapoor held a meeting with the victim, her family members, two DSPs, Chavvi’s friend and her kin. As the DIG reviewed the situation, the victim was learned to have told him about how the other girl brought Jatin to meet her. However, police sources said that Chavvi’s friend denied the allegation till the very end.
http://timesofindia.indiatimes.com/Chandigarh/Rape_victims_kin_to_move_HC/articleshow/3674720.cms




No reservation if either parent not SC: HC
http://www.thestatesman.net/page.news.php?clid=2&theme=&usrsess=1&id=229567
Chandigarh, Nov 4: The Punjab and Haryana High Court today made it clear that a child, even with a Scheduled Caste certificate, was not entitled to reservation, if one of the parents was now a member of the “forward class” by the virtue of marriage.A Division Bench of the High Court also expressed anguish over the fact that even after 60 years of Independence, people were finding ways and means to claim the benefit of reservation. The ruling came on a petition filed by Ms Harpreet Kaur against the State of Punjab and others. The petitioner had sought admission on the basis of PMET-2008 in Bachelor of Dental Science course against seats meant for the Scheduled Caste category.The Bench noted: “The case of the petitioner is that her mother belongs to the Schedule Caste and as per the Government of Punjab policy instructions dated 21, May 1977, regarding caste status of offspring of inter-caste marriage, such as the petitioner, the scheduled caste certificate was rightly issued by the tehsildar. But the petitioner was not admitted against the seat meant for the Scheduled Caste on an objection raised by the welfare department to the effect that the petitioner cannot be granted the benefit.” n SNS
http://www.thestatesman.net/page.news.php?clid=2&theme=&usrsess=1&id=229567




HC asks LDA not to enter into fresh arguments
http://timesofindia.indiatimes.com/Bangalore/HC_asks_LDA_not_to_enter_into_fresh_arguments/articleshow/3673772.cms
5 Nov 2008, 0431 hrs IST, TNN
BANGALORE : The high court on Tuesday directed the Lake Development Authority (LDA) not to enter into "any fresh argument with anybody" on issues related to the city's lakes. "Two weeks have been given to the government to take steps for maintaining lakes and gardens in the city. LDA shall not enter into any fresh argument with anyone on matters of lakes. Also, commercial activities should be avoided and environment be preserved so that any person can enjoy the beauty of nature," a division Bench headed by chief justice P D Dinakaran observed. The HC also recorded statements of lease holders who stated they will not take up developmental works near Hebbal, Agara and Nagawara lakes. "Lakes are being polluted with people letting sewage flow into the water bodies. They are becoming breeding grounds for mosquitoes. And it seems the LDA and government are not doing anything. They are wasting the talent of good officers who want to do something," he explained. "Able officers are now working as consultants for private firms after 6 pm. This is a pathetic situation. We can't be mute spectators to a situation where nature is preserved only for the haves. Everybody has a right to enjoy nature. Now, let your tourism board come up with a proposal," the Bench said while hearing PIL filed by Environmental Support Group and Leo Saldana, which challenged the privatisation of three lakes. LDA had leased Hebbal lake to EIH Ltd, Agaram lake to Biota Natural Systems and Nagawara lake to Lumbini Gardens. The petitioners complained the companies have started building food joints on the lake premises, which may lead to pollution. Notification stayed Justice Ravi Malimath has stayed the operation of a notification issued by Ramnagaram DC on October 31. The DC had fixed November 11 as the date for electing a new CMC president. The DC's order was challenged by K Sheshadri, who was a contender for the CMC president's post. He said he has withdrawn his resignation letter dated October 13 and now will try for the post. Bail rejected Justice Ashok B Hinchigeri has rejected a bail petition filed by Chand Pasha, one of the accused in the December 2005 IISc terror attack. Pasha, a garment seller from Shivajinagar, was arrested for helping main accused Mohammed Rajur Rehman, who had links with terror group Lashkar-e-Toiba. A total of seven persons were arrested and plans to blow up temples, dargas, Almatti dam and important buildings were discovered. KAT order stayed A division Bench has stayed the October 4 order of KAT, which quashed the transfer of nine sub-registrars. The government defended its move and claimed only the chief minister has the power under the Financial Transaction Rules to transfer these officers.
http://timesofindia.indiatimes.com/Bangalore/HC_asks_LDA_not_to_enter_into_fresh_arguments/articleshow/3673772.cms




Rajasthan moves SC over HC stay on BPL women scheme
http://www.indianexpress.com/news/rajasthan-moves-sc-over-hc-stay-on-bpl-w.../381476/
Express news service Posted: Nov 05, 2008 at 2357 hrs IST
New Delhi, November 4 : The Rajasthan Government has moved the Supreme Court challenging a High Court decision to stay the implementation of its “Bhamasha scheme”, providing financial assistance to 50 lakh women from BPL families, as it “violated” the Election Commission’s model code of conduct.
Following brief submissions by senior counsel Mukul Rohtagi, appearing for the state, a bench of Justices B N Aggrawal and G S Singhvi agreed to take up the matter for hearing on November 7.
On October 21, the Rajasthan High Court had stayed the implementation of the scheme on a writ petition complaining that the scheme announced by the state Government was violative of the election code of conduct as dates had already been announced for the Assembly elections.
Rohtagi termed the High Court order as being erroneous, as the scheme was announced in February this year much before the election dates were announced.
http://www.indianexpress.com/news/rajasthan-moves-sc-over-hc-stay-on-bpl-w.../381476/




HC: build on Yamuna bed at own risk
http://www.expressindia.com/latest-news/hc-build-on-yamuna-bed-at-own-risk/381092/
Express News Service
Posted: Nov 04, 2008 at 0204 hrs IST
New Delhi, November 03 “Massive” construction work for 2010 Commonwealth Games on the Yamuna banks will continue at the peril of the builders. These words form the thrust of a Delhi High Court judgment on the legality of the ongoing construction activity on the riverbed.
Monday’s order also said the court has set up a five-member expert panel led by Nobel laureate and environmentalist R K Pachauri to monitor construction work on the riverbed.
The judgment is addressed to the Centre, Delhi government, Delhi Metro, DDA, and any private party with stakes in the project.
“We were told that construction at a massive scale was being carried out. We have made it amply clear that those raising constructions and creating third party interests despite the pendency of the writ petitions (in High Court), were doing so at their own peril,” a Division Bench of Justices A K Sikri and Rekha Sharma said.
In her separate judgment, Justice Sharma did not mince words in criticising the Ministry of Environment and Forests, the DDA and NEERI for hastily supporting construction activity with little attention to ecological balance of the river.
“Their hands appeared to be tainted,” she observed.
Both judges found suspicious the contradictory role played by NEERI, which, in its 2005 report, spoke against “heavy capital investment” and advocated “horticultural operations” in the Yamuna bank, only to change its tone this year. An affidavit by NEERI recommended release of “vast chunk of land for urban activities”.
The court said the government should provide the expert committee all information within three weeks to start functioning; the committee is to submit a report in court within four months. The court subsequently would pass “appropriate directions” on the findings.
The decision comes on petitions filed by environmentalists who pleaded in court that the construction was on the riverbed and would, in time, “destroy the river and pose severe threat to the city as well”.
The government, DDA and DMRC contended in court that the construction had started after “extensive deliberations” to develop the river, after getting the required environmental clearances from concerned authorities.
The construction in question includes the Delhi Metro depot (called Yamuna Depot), the Metro Mall and the Games Village.
The builders claimed any prohibition of construction for the Games would affect “national pride”, as also India’s reputation — a contention that environment activists placed secondary to saving the Yamuna.
http://www.expressindia.com/latest-news/hc-build-on-yamuna-bed-at-own-risk/381092/



HC admits plea to declare silent zones
http://www.expressbuzz.com/edition/story.aspx?Title=HC%20admits%20plea&artid=16sJFoaYA88=&SectionID=wIcBMLGbUJI=&MainSectionID=wIcBMLGbUJI=&SectionName=gUhH3Holuas=&SEO=Dr%20Abraham%20Paul
Express News Service
First Published : 04 Nov 2008 02:34:00 AM IST
KOCHI: A Division Bench of the Kerala High Court on Monday admitted a public interest writ petition filed by Dr Abraham Paul and three other officebearers of the Kochi branch of the Indian Medical Association, praying to direct the authorities to prevent noise pollution by declaring areas falling within 100 metres from hospitals, schools and courts as silent zones.
The petitioners also pray to direct the government to provide noise level meters to the traffic police, the Motor Vehicles Department officials and to conduct awareness classes to all concerned.
According to the petitioners, the study conducted by the association with the assistance of Otolaryngologists’ Association and Pollution Control Board on three spots in the city, including Pallimukku Junction where a major hospital is situated, revealed that the pollution due to noise emanating from vehicles, especially due to honking, is high.
It was found to be far in excess of the the standards fixed by the Noise Pollution (Regulation and Control) Rules.While the permissible limit of noise in silence zone is 50dB during day time and 40dB during night, the noise level recorded by the Noise Level Meters provided by the Environmental Engineers of the Pollution Control Board was between 85dB and 94 dB, a level of noise that can cause hearing impairment and many other disorders in human beings.
The most vulnerable groups to noise pollution are infants, children and patients.
Though rules to curb this menace are clear, the authorities concerned are not taking effective steps to enforce the rule.
The authorities are empowered under various enactments, including Motor Vehicles Act and Rules, Noise Pollution (Regulation and Control) Rules etc. to categorise the city limits into different zones such as silence zones, residential zones etc and prohibit noise pollution from vehicles, including honking. But, they have not taken any such steps. Therefore, there is urgent need to enforce the law and create awareness among the public, especially those driving the vehicles.
The other towns and cities in the state are not better. In developed countries honking is looked down upon, it is pointed out.
http://www.expressbuzz.com/edition/story.aspx?Title=HC%20admits%20plea&artid=16sJFoaYA88=&SectionID=wIcBMLGbUJI=&MainSectionID=wIcBMLGbUJI=&SectionName=gUhH3Holuas=&SEO=Dr%20Abraham%20Paul



iGovernment » Governance Sacking govt easier than removing judges in IndiaTransparency International in its 2007 report said Judiciary in India was the third most corrupt institutions. Recent instances seem proving it
http://omjiyadav.blogspot.com/2008/11/igovernment-governance-sacking-govt.html
Monday, November 3, 2008
Published on 9/16/2008 3:33:35 PMBy Sarita YadavThe letter written by the Chief Justice of India (CJI) to the Prime Minister seeking his intervention in initiating impeachment proceedings against a sitting judge of Calcutta High Court, has triggered a debate again regarding corruption in higher judiciary and its impunity.We have seen removal of governments and Prime Ministers so many times, but removal of High Court and Supreme Court judges has not been so far heard after the Constitution of India came into force in 1950.Independent India has, however, witnessed one impeachment, when Justice Shiv Prasad Sinha of Allahabad High Court was removed by the then Governor General of India, C Rajagopalachari in 1949 on the recommendation of the Federal Court.The Chief Justice has given detailed information about Justice Sen's misconduct when he was appointed receiver by Justice AN Roy in Steel Authority of India versus Shipping Corporation of India case in 1993.The three-Judge panel comprising Madras High Court Chief Justice AP Shah, MP High Court Chief Justice AK Patnaik and Rajasthan High Court Chief Justice RM Lodha inquired into the charges leveled against Justice Sen and found them true. The panel submitted its report in February, 2008. On March 16, the Collegiums of the apex court comprising of Chief Justice BN Agarwal and Justice Asok Bhan asked Justice Sen either to resign or to opt for voluntary retirement.However, with Justice Sen deciding not to comply with either of the two options, the Chief Justice was forced to resort to this unprecedented move.The move is unprecedented, because neither there is any provision in the constitution about such recommendation nor before this, any Chief Justice has taken such 'extreme step'. In fact Article 124(4) of Indian Constitution provides for removal of High Court and Supreme Court Judges. The Article says: “A judge of Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total number of membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.”There is no separate provision for removal of High Court judges and Article 217(1)(b) provides for this and says, “A judge may be removed from his office by the President in the manner provided in clause(4) of Article 124 for the removal of a judge of the Supreme Court.”The processes of removal of High Court and Supreme Court judges are the same. The above Article of the Constitution provides for impeachment, whereas; Judges (Inquiry) Act, 1968 determines the process of impeachment. According to this Act, the impeachment of a judge can be done only by Parliament and impeachment can be initiated after a motion addressed to the President of India is signed by at least 100 members of the Lok sabha or 50 members of Rajya Sabha.Such is the process and such is the impunity. Such Judicial impunity has been conferred on Judiciary for the sake of its independence.The above provision is similar to the rule prevailing in England, since the Act of Settlement, 1701, to the effect that though judges of the superior courts are appointed by the Crown, they do not hold office during his pleasure, but hold their office on good behaviour and the Crown may remove them based on a joint address from both the Houses of Parliament.Any way the credit must be given to Chief Justice, who could take such extra-ordinary step, because after all, extra-ordinary situation demands extra-ordinary steps.But unfortunately, the government was sitting over it as it was written two months ago and could only be known to public through media. Before any debate on this issue, it should be clearly borne in mind that above cumbersome procedure of impeachment and other judicial impunities have been enshrined in the Constitution for making Judiciary independent. Independence of JudiciaryThe independence is guaranteed in our Constitution and the concept has been borrowed from the US Constitution. Article III of US Constitution guarantees Independence and Supremacy of Judiciary in the US. Independence of Judiciary is the tenet of democracy and therefore, even Russian Constitution of 1993 (Chapter-7 Section 120-122) also guarantees independence of Judiciary in the country.In fact section 124 of the Russian Constitution says, “Judges shall posses immunity and criminal proceedings may not be brought against a Judge except as provided for by federal law.”In India, this independence and limited Judicial Supremacy are enshrined in the Constitution and are expressed in the methods of appointment of judges; the process of impeachment; and the power of judicial review.Now, if all these provisions of the Constitution are analysed, inference can easily be drawn that the problems lay here themselves and so do solutions.The Appointment RulesArticles 124 and 217 provide for appointment of Judges of Supreme Court and High Court respectively. They clearly stipulate that the appointments have to be made by the President in consultation with the Chief Justice.The word 'consultation' has been always a matter of dissent and controversy. In fact, when AN Ray was appointed as Chief Justice after superseding three senior Judges namely Hegde, Grover and Shelat, there was uproar in Judicial community including the Bar council of the apex court.They argued that judges have been superseded owing to their judgement in Keshavanand case (AIR 1973 Supreme Court) which went against the government. Gradually the direction of Executive in matters of appointment of judges started diminishing. In 1993, a land mark judgment came from Supreme Court in 'Advocates on record versus Union of India' case. The apex court ruled that the recommendations for appointment of Judges in High Court and Supreme Court will be made by collegiums of three Judges and shall be in a way binding on the government.After a 'presidential reference', the number in the collegiums was increased from three to five. This judgment was a landmark because it took virtually all discretionary powers of the Executive in matters of appointment of judges in higher judiciary. Thus, the word 'consultation' became 'concurrence'. Some people in legal domain argue that it was a dangerous development and was against the principles of the Constitution itself. How can a person or a group of persons appoint themselves which goes against the ideas enshrined in Article 311? They opine that there must be a transparent and justifiable procedure for such appointments. There are instances where persons from one family are becoming Judges for two to three generations.The judicial community of higher Judiciary is becoming an elite club of few 'privileged families'. Candidly, it is not what 'independence' meant for.The ImpeachmentThe process of impeachment as discussed in the article above, clearly indicates that it is a cumbersome process. No wonder then, not a single judge could be removed in India since 1949. It may be recalled that in 1991, the impeachment proceedings for removal of Justice V Ramaswami fell flat on its face after members of the Congress party decided to abstain from voting. The process of impeachment is laid down in Judges (Inquiry) Act, 1968 which says that even if the motion is accepted, the presiding officer of the House has to constitute a three judge committee to further inquire into the matter. The process suggests that the motion will be put to voting once again after the submission of the report by the Judges' Committee. However, unlike in the case of a no confidence motion against a government, which requires a simple majority to survive, the impeachment motion against a judge requires a two-third majority.That is why, it is truly said that it is easier to decide the fate of 100 billion people by way of forming and toppling Governments in India than removing a Judge in the country.It is also but strange that the country which has seen many a ministers and bureaucrats being convicted on charges of corruption does not have a single incidence of a judge being impeached.The ‘Transparency International' in its report of 2007 has counted judiciary as the third most corrupt institutions in India, an inference totally in contrary to the common perception that instances of corruption in higher judiciary are not unheard of.The former CJI Y K Sabarwal himself is in the eyes of storm for his judgement pronounced in the ‘Delhi Sealing Case', which allegedly benefited his son. When a report in this regard appeared in one Newspaper, a suo motto contempt proceeding was initiated and the concerned reporter was sought to be punished.The Contempt of Court Act, 1971, which itself is not yet codified, is another tool which sometimes is used to gauge the voice of dissent.In another infamous case, the vigilance department of UP Police exposed misappropriation of funds worth Rs 23 crore from the GPF account of Class III and IV employees of Ghaziabad Civil Court.One of the accused arrested in this connection, made startling revelation that he has parted the money both in cash and kind, with one sitting Judge of SC, ten Judges of HC and 23 Judges of lower courts.The investigation is not proceeding as Police cannot interrogate judges without the consent of SC, though such protections are not given in Judges (Inquiry) Act. The matter is still pending with the apex court and the CJI has to convince the nation, whether there is equality before the law or not.Not to forget the matter of the two Haryana High Court Judges whose names have figured in a case in which a law officer from Haryana has alleged to have sent Rs 15 lakh to them. The Matter has been referred to CBI by the apex court.The list is long and result is dismally naught. And while one may agree that it is easy preaching than done, the question being asked by common citizen is that who will judge the judges?The Remedies• The provisions of RTI should be made applicable to all components of functioning of Judiciary. Accordingly, suitable amendments in RTI Act, 2005 can be made.• The procedure of selection of Judges should be made more transparent and justifiable. Panel of judges can be made well in advance before recommendation and be known to public by way of websites or media.• Idea of setting up of a National Judicial Commission can also be made into reality, after all if you are required to go for a test for becoming a clerk, why does selection of judges not require any test. An all India test might also be conducted to select judges of higher judiciary.• The Government is sitting over the Judges (inquiry) bill, 2006 for more than two years, therefore it should be passed, but before that necessary amendments are required, because the concept of ‘brother judges' doing inquiry has proved ineffective if not futile.• The contempt of Court Act, 1971 should be suitably amended, because healthy criticism of any institution is generally beneficial for the system itself in the long run. The Judiciary should prepare itself for listening to its criticism and bring about change by itself, a change though painful but helpful.—The opinion expressed in this article are of the writer and not those of iGovernment
http://omjiyadav.blogspot.com/2008/11/igovernment-governance-sacking-govt.html





Suzlon may face legal action if it buys Martifer stake in REpower
http://economictimes.indiatimes.com/News/News_By_Industry/Suzlon_may_face_legal_action_if_it_buys_Martifer_stake_in_REpower/articleshow/3673230.cms
4 Nov, 2008, 1741 hrs IST,Abhijit Deb, ECONOMICTIMES.COM
MUMBAI: Suzlon Energy might face legal action from lenders if the company goes ahead with the acquisition of balance stake of Portuguese company Martifer in REpower Systems AG to gain access to the European markets. On Tuesday, Suzlon and Martifer said they were negotiating a schedule for the wind energy major to buy 22.48 per cent stake of Matifier in Germany's REpower. Suzlon shares closed 20.57 per cent higher at Rs 55.40 on BSE on the news. Suzlon had agreed to complete the purchase of Martifer's stake in Repower for 270 million euros ($344 million) by Dec 15, 2008. A source familiar with the development said, Suzlon is exploring options to sell its stake to private equity firms to raise funds for the REpower acquisition. Analysts tracking Suzlon said if the Martifer sale cannot be pushed back, we expect Suzlon to breach its debt covenants, potentially resulting in legal action from its lenders. Suzlon has debt equity ratio of 1:1 at present and as per the agreement with its lenders (debt covenant) it has to maintain this ratio. So if the company goes ahead with the deal, there is every possibility that it may exceed this ratio and will result in breach of the company's debt covenants, another analyst said. “The punitive action might be in the form of high interest rates or recall of sanctioned loan,” he added. Earlier, Suzlon decided not to try to exercise the domination and profit transfer agreement with REpower due to opposition from lenders who will be financing the next round of growth plans for REpower. Suzlon had announced a $360 million rights issue to buy Martifer's stake in REpower. The issue was subsequently called off because of the poor response. However, many analysts are also of the opinion that with Suzlon struggling to bag any orders in the last six months, next stage of growth at Suzlon would be powered by REpower. However, the company has to get the domination control of over 90 per cent in REpower to use its technology and which can only happen when the company picks up the 22 per cent stake of Martifier. At present Suzlon has 66 percent stake in REpower which, according to German law, doesn't allow the company to exercise domination over a company.
http://economictimes.indiatimes.com/News/News_By_Industry/Suzlon_may_face_legal_action_if_it_buys_Martifer_stake_in_REpower/articleshow/3673230.cms




Quattrocchi case expensive wild goose chase: Govt
http://timesofindia.indiatimes.com/India/Quattrocchi_case_expensive_wild_goose_chase_Govt/articleshow/3670634.cms
4 Nov 2008, 0359 hrs IST, Dhananjay Mahapatra, TNN
NEW DELHI: The Centre and the CBI on Monday rallied jointly seeking dismissal of a PIL against Italian businessman Ottavio Quattrocchi for his role in the Rs 65 crore kickback case and told the Supreme Court that "there is no public interest in keeping the proceedings pending" in a dead case. If PIL petitioner Ajay Agrawal attempted to weave a larger net by seeking initiation of contempt proceedings against a former CBI director for the failure of the investigating agency to inform the apex court in time about the arrest of Quattrocchi in Argentina two years ago, additional solicitor general Gopal Subramaniam dismissed it as an attempt to create a smoke screen. When a bench comprising Chief Justice K G Balakrishnan and Justice Aftab Alam was repeatedly questioning Agrawal to pin-point how former director Vijay Shanker committed contempt of court, Subramaniam — appearing for the Centre and CBI — pitched in to say how the entire case had been a "wild goose chase" interspersed with red herrings. Quattrocchi was arrested twice — in Malaysia and then in Argentina — by Interpol on the basis of red corner notices issued at the request of CBI. In Malaysia, the NDA government failed to even link the kickback to the bribe given to public servants in India in connection with the purchase of the field gun leading to all three courts dismissing the Indian government's plea for extradition, he said. The Argentine courts just followed the Malaysian courts in rejecting India's extradition plea, he added. "There is hardly any public interest in the PIL which was originally filed to retrieve the money withdrawn by Quattrocchi after the account was defreezed," Subramaniam said prompting the bench to remark: "Now that the money is gone what more is left in the PIL?" Critical of the colossal waste of money to trace the kickbacks, Subramaniam said: "The only plus point is that a lot of people travelled to a lot of countries... we went to Bahamas, Channel Islands, Switzerland and many other far-off unheard of shores. Nothing was found. We drew a blank whichever direction we went." http://timesofindia.indiatimes.com/India/Quattrocchi_case_expensive_wild_goose_chase_Govt/articleshow/3670634.cms





Bofors case: CBI helping Quattrocchi, advocate tells SC
http://www.timesnow.tv/NewsDtls.aspx?NewsID=15350
9/5/2008 7:08:52 PM
The CBI is "helping" Italian businessman Ottavio Quattrocchi, an accused in the Bofors case, after the UPA government came into power in 2004, an advocate today (September 5) alleged in the Supreme Court. "It is ex-facie clear that the CBI is helping Quattrocchi ever since the change of guards at the Centre after the General Elections in 2004 in the country and at every step CBI is facilitating Quattrocchi so that he may go free from the Bofors investigation," advocate Ajay Agrawal said in an affidavit.The advocate, who had filed an application questioning government's effort in securing the foreign national's extradition from Argentina after he was detained on February 6, 2007, said the El Dorado court declined India's request as the original arrest order of 1997 by a court here was not produced by the CBI. He was responding to the order passed by the Argentinian court, the translated copy of which was provided to him by the Centre.While the advocate was making allegations against the CBI, ASG Gopal Subramanium told a Bench headed by Chief Justice K G Balakrishnan that wild charges cannot be levelled. "If he is aggrieved by any order he should file a substantial petition," the ASG said.He said non-existence of any extradition treaty with Argentina came in the way of getting back Quattrocchi, who was detained on February 6, 2007 at the Iguazu International Airport on the basis of a Red Corner notice issued by Interpol and later released on bail on February 23, 2007. Quattrocchi, 69, walked to freedom after the El Dorado court rejected India's plea for his extradition on June 8, 2007. He has not yet appeared in any of the hearings in the Indian court.Besides questioning CBI's effort in Argentina, the advocate also referred to the defreezing of the Italian businessman's bank account in London in 2006 to substantiate the allegation that the accused was being helped by the CBI. "Defreezing of accounts in London and facilitating syphoning off money from the frozen account, facilitating Quattrocchi's freedom by withholding relevant documents and court's orders (Indian) from Argentinian court are just the tip of the iceberg of the favours being bestowed by CBI to Quattrocchi," the affidavit by the advocate said.Agrawal had earlier moved the apex court against the defreezing of Quattrocchi's bank account in London. At an earlier hearing, the Centre had brushed aside the allegation that it was covertly assisting the Italian businessman. It was alleged that the opinion of CBI Director, and the Government's law officers relating to the case were supplied to Quattrocchi's counsel in Argentina.The advocate in March 2007 had filed a contempt petition against the then CBI Director Vijay Shanker alleging that the agency consistently misled the court over the extradition proceedings initiated against Quattrocchi. All the three issues are pending and the Bench today posted them for final disposal in October.The advocate alleged that the CBI has not placed before the court all documents relating to Quattrocchi's extradition from Argentina. He alleged that the government had "deliberately" failed in extraditing the Italian businessman from Argentina. The advocate sought disclosure of confidential material, including opinions of CBI and law officers of the Centre which allegedly facilitated in the rejection of India's request for Quattrocchi's extradition. He has claimed that Indian authorities had concealed from the El Dorado Court that the Supreme Court here has already admitted a petition challenging the Delhi High Court verdict quashing charges against other accused in the case. Agrawal had filed the appeal against the May 31, 2005 judgement of the High Court after the CBI had failed to approach the apex court within the mandatory 90-day period.(With inputs from PTI)
http://www.timesnow.tv/NewsDtls.aspx?NewsID=15350




Punjab and Haryana High Court to open mediation centres
http://www.sindhtoday.net/south-asia/33399.htm
Nov 4th, 2008
Chandigarh, Nov 4 (IANS) The Punjab and Haryana High Court Tuesday said 20 mediation and counselling centres would be opened in the two states Saturday with the aim of resolving disputes faster.
‘Mediation and counselling centres have an immense scope in a big country like India. We started this concept in March and till date we have got an overwhelming response and got 12 percent success rate in solving the cases that we got. Now we will open 20 more such centres in Punjab and Haryana,’ Justice K.S. Grewal of the Punjab and Haryana High Court told reporters here.
Two such centres are already operational in Chandigarh in the high court and district court premises.
‘We are expected to solve around 2,800 cases with the opening of these centres and we certainly want to expand their arena in the coming days. We want to educate the people about these centres so that before filing the litigation in a court they should approach a mediator centre,’ Justice Grewal said.
He said that every mediation centre would have two trained judicial officers and added that 21 lawyers have undergone 40 hours of training to work as mediators at these centres.
‘We will train 39 more lawyers. Besides, any individual from society can approach us and undergo training and start working as a mediator. Each mediator will be given Rs.4,000 after the settlement of the case,’ said Justice Grewal.
As far as the working of these mediation and counselling centres go, Justice Mahesh Grover of the high court said: ‘A mediator will work in four stages as firstly there will be the introduction session followed by an individual session, then a joint session and finally an agreement between the parties. The final orders will be passed by the court as suggested by the mediator.’
http://www.sindhtoday.net/south-asia/33399.htm



Only genuine NRIs eligible for medical quota: SC
http://timesofindia.indiatimes.com/India/Only_genuine_NRIs_eligible_for_medical_quota_SC/articleshow/3670572.cms
4 Nov 2008, 0323 hrs IST, Dhananjay Mahapatra, TNN
NEW DELHI: You have to be a genuine NRI to take admission under the NRI quota in medical colleges, said the Supreme Court on Monday frowning at local Indians side-stepping the requirements to get admitted in MBBS and BDS courses. As the fees for each NRI quota seat was high, medical colleges were seen blinking at the rule and allowing local Indians to get admitted to NRI quota seats as long as they got NRI sponsorship and paid in greenbacks. The objection of a Bench comprising Chief Justice K G Balakrishnan and Justice Aftab Alam was to local candidates, that is Indian residents, getting a sponsorship from a non-resident Indian and paying the high fees in dollars to get admitted to medical colleges under the NRI quota. The case pertained to several candidates getting admitted to Uttarakhand Forest Hospital Medical College, Haldwani, under the NRI sponsored quota, which was objected to by the high court. Agreeing with HC’s objection, SC said: "You (the candidates) are not NRIs. You are just willing to pay in dollars. We will not encourage this practice. You have no connection with NRIs except for getting a sponsorship." It refused to entertain the appeals of the candidates, who were earlier granted provisional admission to the 2008-09 MBBS course before the HC intervened. The HC had dealt with the issue elaborately in its judgment under the head "whether there could be NRI sponsored candidates". It said: "They are pure ordinary resident Indians who get their names sponsored by NRIs, and only on the strength of such sponsorship and by payment of huge sums of money, these simple ordinary resident Indians are being given admission as against other ordinary resident Indians, who do not get their names sponsored by NRIs and who are not in a position to pay huge sums." As there was a question mark about the legality of NRI sponsored candidates and on the legality of special category of such candidates, the HC had directed initiation of fresh process for filling up of the NRI quota seats. The SC upheld the HC order.
http://timesofindia.indiatimes.com/India/Only_genuine_NRIs_eligible_for_medical_quota_SC/articleshow/3670572.cms



Allahabad HC directs UPPSC to declare result of APO exam 2006
http://www.indlawnews.com/Newsdisplay.aspx?a146521d-f5e9-41f7-8ac5-01517b57c44a
11/4/2008
A division bench of the Allahabad High Court directed the UP Public Service Commission (PSC) to declare the result of assistant prosecution officer (APO) examination-2006 within a period of 3 months. The bench passed this order, when the counsel appearing for the UPPSC informed the Court that commission will take 3 months to complete the procedure for declaring the result.The order was passed by a division bench, consisting of Justices J Sahai and Rakesh Sharma on a writ petition, filed by one Monika Umrao, who had appeared in the APO examination 2006.The petitioner had prayed before the Court for the declaration of the result of the examination.The petitioner, in the writ petition, had said the main examination of APO was held on November 28/29, 2007 but till date the result was not declared.The Court, on earlier occasion, had asked the PSC to seek instruction in the matter as to why the result of the APO examination was not declared. The counsel for the PSC informed the bench that commission will take 3 months time to declare the result. The Court on his instruction disposed of the writ petition with a direction to declare the result within three months. UNI
http://www.indlawnews.com/Newsdisplay.aspx?a146521d-f5e9-41f7-8ac5-01517b57c44a



40 days after HC order, FIR filed against Yogi
http://www.expressindia.com/latest-news/40-days-after-hc-order-fir-filed-against-yogi/381200/
Express News Service,ARSHAD AFZAL KHAN
Posted: Nov 04, 2008 at 0528 hrs IST
Faizabad/Lucknow, November 03 The Gorakhpur police late on Sunday evening registered cases of murder, robbery and spreading communal violence against BJP parliamentarian Yogi Aditya Nath, MLC Y D Singh, MLA Radha Mohan Das Agrawal and city Mayor Anju Chaudhury.
The police action came following a directive by the Allahabad High Court. Hearing a writ petition on September 26, the HC had directed the Gorakhpur chief judicial magistrate to get an FIR lodged against the MP and his associates within 24 hours for allegedly inciting communal violence.
The violence had erupted on January 27, 2007 in Gorakhpur and spread to nearly a dozen districts of eastern Uttar Pradesh, claiming six lives and causing heavy loss of public and private properties.
After receiving a copy of the HC order on October 16, Chief Judicial Magistrate Ajay Kumar Tripathi directed the Cantt police to lodge an FIR against Aditya Nath within 24 hours and inform the court accordingly. But the FIR was not filed till November 1.
The Indian Express had reported in its issue of November 2 that the Gorakhpur Police had defied the HC order. The same day, the police filed an FIR against the MP and his aides.
Yogi a symbol of Hindu nationalism, says BJP
The Bharatiya Janta Party has strongly opposed the case lodged against the Gorakhpur MP, Yogi Aditya Nath. State BJP president Ramapati Ram Tripathi said this was a conspiracy of the communalist forces against the party.
Claiming that Aditynath is the successor of the Goraksh peeth and a symbol of Hindu nationalism, Tripathi said the BJP stands by him and will support him. Filing of the FIR is an appeasement tactic for which both the state and the Centre are allying with the communalist forces, he added.
http://www.expressindia.com/latest-news/40-days-after-hc-order-fir-filed-against-yogi/381200/



HC dismisses Balaji plea not to end Kyunki...
http://timesofindia.indiatimes.com/Mumbai/HC_dismisses_Balaji_plea_not_to_end_Kyunki/articleshow/3670138.cms
4 Nov 2008, 0106 hrs IST, Swati Deshpande , TNN
MUMBAI: The Bombay High Court on Monday dismissed Balaji Telefilms’ petition against a termination notice issued by Star TV accepting the channel’s stand that viewer fatigue had set in for the long-running saas-bahu serial. Vacation judge Justice J H Bhatia took four episodes worth of time to hear the matter on Monday before holding in favour of Star TV. Balaji had engaged legal giant Ram Jethmalani as its counsel but the judge accepted the channel’s argument that it would face an irreparable loss if the eight-year-old serial was allowed to continue despite fallen TRPs. The family drama produced by actor Jitendra’s wife Shobha Kapoor and daughter Ekta had launched the career of many TV stars. Last month, Star TV had issued a termination notice to Balaji to change the story line for Kyunki... and end it by November 10. Balaji dragged Star to court saying the termination was uncalled for and violated their agreement. Jethmalani said the clause governing fall in TRPs as a condition to terminate the contract should be based on TRPs from August end and not July as was done. Maharashtra’s advocate-general Ravi Kadam, counsel for Star TV, took the court through the agreement signed between the channel and Balaji and said Jethmalani had sought to put a gloss on the agreement by arguing quite to the contrary of what producer Kapoor has submitted on oath. Kadam also said Shobha Kapoor had suppressed the fact that the channel had done multiple advertising promos for the show on the basis of comparable prime-time fictional shows of the same genre, such as Kum Kum. Balaji had said the TRP was based on adequate promotion the channel had agreed to do and claimed that it didn’t quite measure up. Star counsels contention was that the contract had a termination clause linked to the TRP. Whether right or wrong, once the clause kicked in, the termination would succeed and damages would be the only remedy for the shows producer which can be got through arbitration. The channel had served a 30-day notice and Kadam said it was not open for Jethmalani to now argue that the producer has only two days to wrap up the shows story line. The judge upheld the channels contention that the TRPs for the show had fallen more than 20% since its July rating, in fact that had fallen by 32%. Jethmalani, said at one point that the show ranked five among the top 10. But in his final analysis, the judge held that there was substance in Stars arguments that viewer fatigue, as reflected by fallen TRP, had set in. He also said the channel had shown its bona fides by not ending any of the other five shows produced for it by Balaji. Star was paying Rs 27 lakh per episode to Balaji for Kyunki... and feared that it might lose its market leadership if it continued with the show.
http://timesofindia.indiatimes.com/Mumbai/HC_dismisses_Balaji_plea_not_to_end_Kyunki/articleshow/3670138.cms




HC allows PPL to resume ops
http://www.financialexpress.com/news/HC-allows-PPL-to-resume-ops/381128/
State BureauPosted: Nov 04, 2008 at 0234 hrs ISTUpdated: Nov 04, 2008 at 0234 hrs IST
The Orissa High Court on Monday permitted Paradeep Phosphate Ltd (PPL) resume operation of its diammonia phosphate (DAP) fertiliser plant at Paradip. PPL had to shut down its plant operation following a directive from the Orissa State Pollution Control Board (OSPCB).
However, following a written undertaking by the PPL management that sulphuric acid discharged from the plant will not be allowed to flow out of the plant premises, the court allowed PPL to continue with the plant operation.
http://www.financialexpress.com/news/HC-allows-PPL-to-resume-ops/381128/



HC panel to assess riverbank projects
http://timesofindia.indiatimes.com/Delhi/HC_panel_to_assess_riverbank_projects/articleshow/3669860.cms
4 Nov 2008, 0154 hrs IST, Abhinav Garg, TNN
NEW DELHI: Ruling out staying ongoing construction
of flats for Commonwealth Games in the Capital, Delhi High Court (HC) on Monday flagged its concern on possible ecological damage to Yamuna river and formed a high level committee to gauge the same. The four member committee will be chaired by Nobel laureate RK Pachauri and will submit its report in four months. Moreover, the division bench comprising Justice AK Sikri and Justice Rekha Sharma cautioned the authorities central and Delhi government, Delhi Development Authority (DDA), Delhi Metro that fate of these proposed flats for Athletes village and connected constructions, would depend on findings of Pachauri committee vis a vis its environmental durability. "Despite pendency of writ petitions if government is raising constructions or creating third party interests, it is doing so at its own peril,'' HC warned, even as it fixed the next date of hearing for December 05. "All constructions wether complete or incomplete or proposed, shall be subject to such directions as may be made by HC on receipt of report from the committee,'' the court made it clear. Both judges bridled at the volteface of environment body National Environmental Engineering Research institute (NEERI), which initially in its report opposed permanent structures at Yamuna or its vicinity but later gave its go ahead. While Justice Sikri disapprovingly noted that "it was not expected from an institution of this repute that a report of this kind would be submitted'' Justice Rekha Sharma was more acerbic at NEERI's reversal of stand, "Reports of NEERI show how it has changed colours and not bothered to contradict itself.'' Justice Sharma went a step ahead, faulting the Ministry of Environment and Forests for "changing its position''. She recalled how initially the ministry only cleared temporary constructions but later signalled DDA to go ahead with plans to make it permanent. "It is a sad story of men in haste fiddling with major issues and resultantly playing havoc,'' Justice Sharma remarked, adding "Neither NEERI nor ministry nor DDA can be said to have acted fairly and objectively. Their hands appear to be tainted.'' The bench however conceded it was a matter of "balancing of two conflicting ideologies'' where hosting a sports event viewed as a prestigious achievement, resulting in economic boost, global media exposure and investments, is pitted against projected harm to local ecology and natural environment. "It is duty of courts to ensure that infrastructural development is not at cost to environment,'' the bench concurred, explaining why an expert committee was called for. Spread over 27.5 acres, the Village in east Delhi will comprise 1,168 flats whose construction is to be completed by the builder, EMAAR MGF, by April 2010, well in time for the Games in October that year. Out of the total number of flats, two-thirds will be handed over to the government while the remaining will be owned by the company. The court's direction came on a bunch of petitions filed by environmental activists Rajendra Singh and others, alleging the on-going construction on Yamuna river-bed would disturb the ecological balance and will hinder ground water recharge and environmental regeneration, further killing an already dying river. They also sought the court's direction to restrain the Centre from carrying out any construction on the river-bed for the Commonwealth Games in 2010. However, not all are convinced HC's method will result in Yamuna plains being protected. One of the petitioners Manoj Mishra spoke to TOI and said, "We really fail to understand what is this verdict about. This whole case is regarding river Yamuna and its security, it isn't just about a construction. The questions is about illegalities on environment. A nine-day event is important or security of Yamuna floodplains?'' Adds professor Vikram Soni of National Physical Laboratory, who has dealt long with water issues, "It is good that HC has reprimanded NEERI and DDA for their changed stands. There have been many violations of this area. However I don't think a committee is required as all information on Yamuna in Delhi has been mapped and we know ecological damage that might occur.''
http://timesofindia.indiatimes.com/Delhi/HC_panel_to_assess_riverbank_projects/articleshow/3669860.cms




UK: New 2 tier tribunal system launched
http://www.indlawnews.com/Newsdisplay.aspx?7d5ecf74-d1a5-48e0-b283-87d12c4b76bd
11/4/2008
This is part of a radical overhaul of the tribunals’ structure designed to strengthen the system and achieve improved and consistent standards for tribunal users.Most tribunal jurisdictions, currently administered by the Tribunals Service, will transfer into the First-tier and Upper Tribunal in phases from 3 November, implementing a key part of the Tribunals, Courts and Enforcement Act 2007. The two tribunals consist of chambers, grouping together jurisdictions dealing with similar work or requiring similar skills. Existing tribunal judges and non-legal members will transfer into the new system and continue their vital work in the same way as at present, preserving jurisdictional expertise.Justice Minister Bridget Prentice said:‘Tribunals deal with more than 500,000 cases a year ranging from those involving the most vulnerable in society to multinational businesses and therefore it is vital that the system is truly effective and serves their needs.‘Bringing together and strengthening the expertise from a wide range of specialist tribunals will ensure that users remain at the heart of the service.’The important change for users comes with the establishment of the Upper Tribunal and the First-tier’s onward appeal rights to it. For some jurisdictions this will create new statutory appeal rights and for others bring the appeal rights within the tribunals rather than the courts.The unified tribunals’ structure is headed by Senior President Lord Justice Carnwath providing, for the first time, statutory leadership for tribunals.Senior President Lord Justice Carnwath said:‘These reforms are the most radical changes to the tribunals’ system in 50 years and will ensure tribunal users continue to experience a service that is speedy, inexpensive and accessible.‘The creation of the Upper Tribunal, will group all tribunal appeals in one cohesive structure. Over time the decisions of the Upper Tribunal will build comprehensive case law for each area covered by the tribunals, as well as administrative law itself. By providing clear decisions on points of law and greater clarity for First-tier tribunals the new structure will benefit all tribunal users. ‘I look forward to working closely with the government and stakeholders to ensure that we continue developing a system that is responsive to the needs of users.’Ministry of Justice
http://www.indlawnews.com/Newsdisplay.aspx?7d5ecf74-d1a5-48e0-b283-87d12c4b76bd