LEGAL NEWS 05.12.2008

No loan granted, but bank wants interest
http://www.dnaindia.com/report.asp?newsid=1208958
MS Kamath
Monday, November 24, 2008 03:31 IST
In a case which occurred in Kolkata, a man was repeatedly asked to pay interest on a loan which he never took, leading to a complaint decided by the West Bengal State Consumer Dispute Redressal Commission in The Manager ICICI Bank and others vs. Sri Kalyan Kumar Sur.
Sur had a Gold Credit Card from ICICI Bank with an add-on card in the name of his wife. From December 2004 to November 2005, he made some transactions and got into a dispute over an alleged late payment in which he got into protracted correspondence with the bank. Suddenly, on November 3, 2005, his card statement showed a sum of Rs43,267.95 as outstanding on his name. In the January statement, this amount rose to Rs47,024.52.
Sur contacted the bank manager for an explanation of the amounts debited to his account and was told that he had taken a loan of Rs33,500 from the bank on the basis of his card in April 2005. When the protests form the consumer went unheeded, the matter landed in the District Consumer Redressal Forum at Kolkata. The Forum concluded that no such loan was ever received by the consumer and asked the bank to reverse all the entries in the credit card statement and ordered that he be paid a sum of Rs1,00,000 as compensation.
The bank appealed to the state commission on the premise that the customer was entitled to a loan of Rs33,500, which he had availed as part of advances given to customers holding credit cards. The bank could not produce the transaction papers when asked to. Referring to the Reserve Bank of India guidelines, the commission observed that there was a clear directive that when a person had refused to accept a loan, it was for the bank to withdraw all subsequent penalties and action against him. All these actions were never initiated.
Upholding the Forum’s order, the commission scaled down the compensation from Rs1 lakh to Rs30,000. It passed an order that a copy of the judgment be sent to the governor of the Reserve Bank of India.



Banks told to ensure ATM card delivery
http://www.dnaindia.com/report.asp?newsid=1207033
MS Kamath
Monday, November 17, 2008 03:18 IST
Electronic systems of carrying out bank transactions have led to newer forms of crime. So, the bank must be very careful and take responsibility in case of any flaw in its actions, says the Uttar Pradesh State Consumer State Dispute Redressal Commission in State Bank of India vs. Om Prakash Prajapati and others.
Prajapati opened a savings bank account with SBI in Naini, Allahabad. He also filled up a form asking for an ATM card. A few weeks later, Prajapati learned that Rs2,79,000 had been withdrawn from his account by using an ATM Card in his name.
He immediately informed the bank that he had not undertaken any such transaction and also filed a police case against the fraudulent withdrawal of money. When he asked the bank to return the money to him, the bank stated that they had sent the Card by Skypak Couriers and they were not liable for it.
The consumer filed a complaint in the Allahabad Consumer Dispute Redressal Forum. The bank stated that maybe the ATM Card had fallen in wrong hands and that the withdrawal may have been fraudulent but it also said that it believed the consumer may also have drawn the money himself.
The District Forum passed an order asking the bank to refund the sum to Prajapati with interest at the rate of 9% and costs of Rs500.
The bank appealed against this order to the State Commission which observed that the bank had failed to give any evidence to show that the consumer had received the card. The courier company also provided no proof of delivery.
Castigating the bank for not setting up a foolproof system of delivery and carrying on the litigation for three years, the appeal was dismissed and the State Bank of India was directed to compensate the consumer with a sum of Rs5,000 in addition to the money decreed by the lower Forum.




ICICI asked to compensate for claiming interest for an un-availed loan
http://www.rupeetimes.com/news/credit_cards/icici_asked_to_compensate_for_claiming_interest_for_an_unavailed_loan_1878.html
By Ankit Sharma
Nov 25, 2008
ICICI Bank was directed by the West Bengal State Consumer Dispute Redressal Commission to compensate for harassing a customer by asking to pay interest rate without the loan being granted.
Kolkata based Sri Kalyan Kumar Sur, a customer with ICICI bank was repeatedly asked to pay interest on a loan which was never availed by him. Sur had taken Gold Credit Card from ICICI Bank with an add-on card in the name of his wife. He had made transactions with the card from December 2004 to November 2005 and since then been involved into an argument with the bank which mentions an alleged late payment. All of sudden the monthly credit card statement of November 2005 showed the outstanding amount as Rs 43,267.95 which increased to Rs 47,024.52 in the month of January.
On seeking information from bank regarding this amount, Sur took a loan of Rs33,500 from the bank on the basis of his card in April 2005 and was debited to his account. He objected for having taken any of such loan but was left in vain by the bank authorities. Following this he approached the District Consumer Redressal Forum at Kolkata.
The forum investigated the matter and found that no such loan was availed by the complainant. The forum therefore directed the bank to reverse all the entries in the credit card statement and also pay Rs 1,00,000 as compensation charges.
On the other hand, the bank claimed to the state commission that the customer was granted a loan of Rs33,500 by the bank which was availed as part of advances against his existing credit cards. However the bank could not produce the transaction papers on its defense. Also as per the RBI guidelines, there is an instruction that explains that if a person refuses to accept a loan, the bank should withdraw all consequent penalty and action against him but no such actions were ever followed.
To keep with the forum's order, the compensation has been reduced to Rs30,000 from Rs 1,00,000 by the commission.
Besides, there is an order for sending the judgment copy to the Governor of the Reserve Bank of India.




Car owner has right to registration papers
http://www.dnaindia.com/report.asp?newsid=1205016
MS Kamath
Monday, November 10, 2008 03:28 IST
A person buying a two-wheeler or a four-wheeler is required to register ownership of the same with the Road Traffic Authority (RTA), failing which he is penalised severely. However, the RTA officers are often arrogant and fail to issue the papers for a long time. That is counted as deficiency of service, and actionable under the Consumer Protection Act, 1986, says Kerala State Consumer Dispute Redressal Commission in connection with the regional transport officer vs. George Thattil case.
Thattil, an insurance investigator, wanted the particulars of registration of a car, which was registered with the RTA at Thrissur. The owner stated that he had purchased the car, but had not received the Registration Book (RC Book) from the RTA for a long time. The investigator took it upon himself to collect the book and details based on an authority letter received from the original owner.
The RTA at Thrissur took over a year to deliver the RC Book and other details to Thattil. Thattil filed a complaint in the District Consumer Dispute Redressal Forum, alleging deficiency of service by the RTA, and claiming Rs10,000 as compensation.District forum heard both parties and concluded that one year was too long for re-issuing a RC Book, and ordered RTA to pay Thattil a sum of Rs5,000 as compensation, plus Rs1,500 as cost of litigation.
Dissatisfied with the verdict, the RTA took the matter in appeal to the state commission. RTA stated that the building in which the papers were being processed was under repair and this was why the papers could not be processed speedily. It stated that the delay in issue of the certificate did no cause any loss to the owner, as he was already in possession of the certificate, which declared that the transfer of ownership was under process with the RTA, and that no specific action had been taken against him for non-possession of the RC Book.
The commission did not accept the statements. Castigating it for the delay, the commission stated that the excuse that the office was undergoing repair could not be accepted. Further, it stated that the car owner had stated that he needed the RC Book for the purpose of making an insurance claim and this was mentioned in the application made by Thattil to the authority concerned.
Confirming this as a case of deficiency of service, the commission confirmed the order of the forum.



Consumer Forum directs Canara Bank to pay Rs.20,000 to NRI couple
http://www.punjabnewsline.com/content/view/13799/38/
VERINDER SAREEN
Saturday, 15 November 2008
NAWANSHEHAR: The District Consumer Disputes Redressal Forum here has held the local branch of Canara Bank responsible for negligence in service towards an NRI couple and has asked the bank “to credit Rs 9.63 lakh in their account with interest rate payable on fixed deposits”.
The Forum has further directed the bank to pay a sum of Rs 20,000 to the complainants by way of compensation for “mental as well as physical harassment and litigation costs suffered by them”. The complainants Balwant Kaur and his husband Jasvir Singh of Kulam Road here had approached the Forum stating that on February 1 this year they were having a balance of Rs 9,64,938 in their joint saving bank account and that they had got a cheque book issued bearing numbers from 261871 to 261880 and that only two cheques bearing numbers 261871 and 261872 were used by them out of this cheque book.
Balwant Kaur remained out of the country from December21, 2007 to June21, 2008 and on her arrival back here when she checked her account with the bank, she found that a sum of Rs 9,63,000 had been withdrawn from it in instalments on different dates in the period from March 10,2008 to April 8,2008. It was alleged by the complainants that the aforesaid amount had been withdrawn by the officials/employees of the bank illegally. Apart from lodging a complaint with the bank manager, an FIR No 91 dated July 7, 2008 under Sections 420/465/471/474/120-B of IPC was also lodged by the complainants who in their petition before the Forum had claimed “to have suffered huge monetary loss as well as mental tension on account of negligence” of the bank and deficiency in service towards them.
The Forum comprising President S.M.S.Mahal and Member Sukhdev Singh, in its order dated November 5, 2008 has held that the bank in its written version filed before the Forum “had challenged the maintainability of the complaint on the ground that the Forum had no jurisdiction to entertain and try this complaint” though “on merits, facts with regard to withdrawals were not disputed”. The bank, however, denied that there was any negligence or deficiency in service towards the complainants. The bank rather contended that the complainants on their request were also provided another cheque book and that Jasvir Singh, in conspiracy with his brother-in-law had withdrawn the amount for their use and had levelled false allegations against the bank.
Both the parties submitted affidavits and other documents as evidence before the Forum which held that the bank did not dispute the withdrawal of Rs 9.63 lakh and that the bank failed to produce the “request of the complainants” for issuance of 2nd cheque or any other documentary evidence in that respect. As per the order, the perusal of the account statement indicated that the amounts in dispute had been withdrawn through cheques bearing nos. 152092 to 152096 and 152100 by a person named Bhinder Singh.
The cheque bearing number 152098 is said to have been encashed by the complainants themselves. The said cheques were not brought on record to show that Bhinder Singh was in any way related to the complainants or the cheque bearing no 152098 was issued by any of the complainants. “In such circumstances, we find no difficulty in coming to the conclusion that the amount of Rs 9.63 lakh had been withdrawn either with the connivance of the officials of the bank or due to the negligence in not verifying the authenticity of the cheques,” said the order.




Consumer forums’ chiefs:
http://www.tribuneindia.com/2008/20081112/region.htm
The Governor of Punjab has appointed presidents for three District Consumer Disputes Redressal Forums, Pritam Singh Dhanoa from Hassanpur village in Mohali district, Paramjit Singh from Ludhiana and Sanjay Garg from Sangrur. According to an order of the Department of Food, Civil Supplies and Consumer Affairs, Punjab, Sanjay has been posted president of Ferozepur forum, Pritam of Mansa forum and Paramjit of Kapurthala forum.



HC ruling on Vodafone to enable I-T Dept to look at similar deals
http://www.thehindubusinessline.com/2008/12/05/stories/2008120552450100.htm
TDS amount in Vodafone case estimated at close to $2 billion.
Our Bureau
New Delhi, Dec. 4 The Income-Tax Department estimates that tax deducted at source (TDS) amounting to about $ 2 billion had not been paid to the exchequer in the $ 11.2-billion Hutch-Essar deal.
The Bombay High Court decision to dismiss the writ petition of Vodafone International Holdings (VIH) has also strengthened the hands of the department to look at other offshore transactions/cases involving transfer of assets situated in India.
“The Bombay High Court move has definitely encouraged us and strengthened our hands in bringing to tax in India transactions involving transfer of assets situated here between entities located outside the country,” Mr N.B. Singh, Chairman, Central Board of Direct Taxes (CBDT), said here today.
Although the TDS amount involved has been pegged around $ 2 billion, official sources noted that the amount is subject to final computation by the department. Also, the notice issued does not put an exact number on the TDS amount that was not deducted and paid to the Government, they added. .
“We will be democratic….”, Mr Singh said when asked if the tax department would now pursue or open up assessments on other transactions that were undertaken offshore with Indian assets. He declined to name or put a number on the cases that would come under the department’s scanner after the Bombay High Court decision.
Meanwhile, Mr Singh also said that the CBDT has decided to file a caveat before the Supreme Court to ensure that no ex parte stay is granted on the Vodafone matter without hearing the tax department.
The Bombay High Court had on Wednesday dismissed the writ petition of VIH challenging the validity and legality of a notice issued by the I-T department on failure to deduct tax at source on payments made in respect of transfer of securities relating to Hutch-Essar Ltd (now Vodafone Essar Ltd)
Mr Prakash Chandra, Director General (International Taxation), said that the High Court decision would open the doors for the I-T Department to look into the entirety of Vodafone transactions and then decide whether they attract tax or not and also what nature of tax.
He highlighted that the law was very clear in the sense that once payment was made, tax had to be deducted at source. Mr Chandra pointed out that Vodafone had come through FIPB and as part of the clearances it was specified that it would be on its transactions subject to Indian laws, including those on TDS.
“Till now, the moment we issued notice seeking further information and details, the writ petition was filed by them. The department was restrained to proceed during the pendency of the writ petition. Once the writ petition has been dismissed, our right to look into the details of the case has strengthened. We want to see the agreements between the parties, the valuations made by them. All these had to be looked into before deciding how much taxes are to be paid”, Mr Chandra said.
He, however, said that the tax department would wait for eight weeks because the Bombay High Court had extended the earlier stay for this period. “Vodafone unfortunately had not filed the copies of the original agreement before us. We had asked them to do so. Unfortunately, they did not file it before the Honourable Bombay High Court. That was one of the reasons why the High Court imposed cost on them”, Mr Chandra said.



Paradigms of Judicial Independence
http://lawandotherthings.blogspot.com/2008/12/paradigms-of-judicial-independence.html
Thursday, December 04, 2008
I am glad to post here the lecture delivered by the former Chief Justice of India, Justice J.S.Verma recently at Patna. Justice Verma, the author of the Supreme Court's Judgment in the Second Judges case (Advocates-on-Record vs. Union of India, 1993)has been maintaining that his judgment was much misunderstood and that the judgment looked at the appointment process as a joint exercise between the Judiciary and the Executive. He does not, for instance, agree with Justice Chinnappa Reddy's prescription for primacy being accorded to the CJI rather than to the collegium. Speaking to our blog about the recent controversy over the SC collegium's move to ignore the seniority principle while recommending three Judges for appointment to the Supreme Court, he said, the 1993 judgment did not make it mandatory for the collegium to consider the seniority principle. But the collegium must explain to the judiciary, even if it is not for public consumption, why a junior person is far more meritorius than the senior candidate. The process he visualised in the 1993 judgment is participatory and integrated. Interestingly, the Law Commission's recently released 214th Report proposes reconsideration of the judgments in the First, Second, and Third Judges cases. The report says that the Supreme Court has completely eliminated and excluded the executive in the Second Judges case, and the Court reaffirmed this view in the Third Judges case (Special Reference No.1 of 1999) - a view which is contrary to Justice Verma's interpretation of his own judgment. In fact, the report cites my recent interview with Justice Verma (gives the year of the interview wrongly as 1998)wherein he sought a rethink on the issue, but reaches a conclusion which is contrary to what he would suggest: a legislation to restore the primacy of the CJI and the power of the executive to make the appointments. In this recent article,[pp.9-10) R.K.Raghavan observes that we will be interested in knowing whether the SC collegium gives detailed reasons for supersession of High Court Judges, while recommending appointees to the Supreme Court.
Posted by V.Venkatesan at 7:38 PM



HC relief for 45 suspended cops
http://timesofindia.indiatimes.com/Delhi/HC_relief_for_45_suspended_cops/articleshow/3794023.cms
4 Dec 2008, 2248 hrs IST, TNN
NEW DELHI: The High Court on Thursday granted relief to 45 suspended police officers which directed the Delhi Police to re-induct them into the service. All the suspended officers are from the lower rung of the police force and were originally dismissed from the service on corruption charges. Acting on a batch of petitions filed by one Brij Pal Singh a bench comprising Justice Madan B Lokur and Justice Suresh Kait reinstated them in the force and also asked the police commissioner to pay Rs 1,000 to each petitioner as a token amount. In December 2002, these policemen were convicted by a trial court for corruption charges which related to accepting bribes and thereafter removed from service after they were awarded two years imprisonment. In between they approached Central Administrative Tribunal (CAT) challenging their removal from service. CAT asked the police department to keep them under suspension instead of dismissing them. This prompted Delhi Police to approach HC challenging CAT verdict. On its part the police department cited a 1995 Supreme Court judgment and went ahead to issue a circular in 2005 according to which all suspended employees of the department were removed from the force. The department said bribery was reason enough to dismiss these men. But HC brushed aside this defence and maintained that the cops had even undergone their conviction, asking the department to take them back again. HC upheld the tribunal's decision, also slapping a total of Rs 45,000 on the police department as litigation cost.




Ensure public safety, health: HC to govt
http://timesofindia.indiatimes.com/Bangalore/Ensure_public_safety_health_HC_to_govt/articleshow/3794132.cms
5 Dec 2008, 0057 hrs IST, TNN
BANGALORE: The high court on Thursday directed the government, BBMP and the Bangalore police to take necessary steps on regulating hawkers in the city to ensure public safety and public health. A division Bench headed by the Chief Justice passed the order while disposing off a PIL filed by city resident K Ranganath seeking setting up of separate hawking zones. "In Bangalore, there are no measures to check the sales of food items on footpaths and roads. These roadside eateries not only create health problems but also add to traffic woes apart from posing a threat to the economy. The public are forced to walk on the streets risking their safety. The Supreme Court had already issued 16-point guidelines, including that of the setting up of separate hawking zones by forming a committee headed by experts," Ramesh Chandra, counsel for petitioner, told the court.



HC lauds peon's rise to vice-principal
http://timesofindia.indiatimes.com/Delhi/HC_lauds_peons_rise_to_vice-principal/articleshow/3793984.cms
4 Dec 2008, 2256 hrs IST, TNN
NEW DELHI: Ganesh Chand's hard work, determination and merit saw him achieve a remarkable feat become the vice-principal of a school where he began his career as a peon. And now, Chand will continue to inspire his students

at Hardcourt Butler senior secondary school in the capital after Delhi High Court recently dismissed a petition which assailed his appointment on a flimsy procedural ground. "Every person has a right to progress in his career. The efforts put in by Chand after he joined the school as a peon in 1975 and thereafter his various promotions from time to time need to be commended and require encouragement, as he has risen in his career from the post of a peon to a vice-principal on his own merit,'' noted justice S N Aggarwal while dismissing a petition challenging his appointment. The petition was filed by another teacher from the same school who claimed his vice-principal acquired further degrees and did higher studies without taking prior permission from the education department. However, HC took a dim view of Neera Yadav's arguments to stake her claim to the vice principal's office. It noted, "the matter regarding taking of permission or not taking permission at best may be a procedural lapse on behalf of Ganesh Chand and cannot be given wieghtage in the facts and circumstances of the case.'' The court then tossed out Yadav's petition, labelling it as a "highly misconceived one'' which was only "an abuse of the process of law.'' Chand joined the school in 1975 as a peon and continued his focussed quest for knowledge. That very year, he also enrolled himself as a regular student in the same school and went on to complete his senior secondary. He completed his Bachelors in Education followed by Masters which later made him eligible to hold higher posts in the school. By 2000, Chand had been promoted as a post graduate teacher and his career touched a new high when the education directorate decided to appoint him as the vice-principal earlier this year.



HC cancels bail of 19 life convicts
http://www.hindu.com/2008/12/05/stories/2008120550280100.htm
Mohamed Imranullah S.
MADURAI: Mass absence of counsels to argue criminal appeals in the Madras High Court Bench here on Thursday led to the cancellation of bail granted to 19 life convicts from Madurai, Karur, Pudukottai, Virudhunagar and Tuticorin districts.
A Division Bench comprising Justice R. Regupathi and Justice R. Subbiah passed the orders as it was irked over non-appearance of all but one lawyer, who appeared in the afternoon and sought apology, to argue the appeals listed for the day.
Passing separate but identical orders in the criminal appeals, most of which were pending since 2001, the Judges directed the High Court Registry to issue non-bailable warrants (NBWs) against all the 18 persons convicted in different murder cases.
On receipt of the NBWs, police officers from the five districts were directed to arrest the convicts and produce them before the Judicial Magistrates concerned for remanding the appellants to judicial custody. “When the matter is taken up for final disposal, it is the bounden duty on the part of the appellant to instruct his counsel to pursue the case. It is unfortunate that… the counsel is not ready to cooperate with the court to dispose of the appeal,” the Bench said. Of the appellants, six were from Tuticorin; four each from Virudhunagar and Karur; two from Madurai and one each from Tirunelveli and Pudukottai. The list included three women of whom one was 13 years old while committing the offence in 2000.



Bombay HC sends notices to Maharashtra, Centre on terror PILs
http://timesofindia.indiatimes.com/HC_sends_notices_to_Maharashtra_Centre_on_terror_PILs/articleshow/3793225.cms
4 Dec 2008, 1659 hrs IST, PTI
MUMBAI: The Bombay High Court on Thursday issued notices to Maharashtra and Central governments asking them to file affidavits explaining the steps taken or to be taken to prevent terrorist attacks in future. ( Watch ) The directive came in response to two PILs filed in wake of the November 26 attacks in the metropolis that killed 170 persons and injured over 300. "Please examine whether constitutional rights to life also cover right to live with safety and a sense of security," a bench headed by Chief Justice Swatanter Kumar said. In an apparent reference to media coverage of the terror strikes, the Chief Justice said exposition of security plan by "media" had gone too far. It would be an issue to be examined in one of the PILs, he said. The PIL filed by advocate V P Patil alleges that there was a systemic failure which allowed the terror attacks to happen. Another PIL, filed by Society of India's Law Firms, sought setting up of a citizens committee to tackle the menace of terrorism.
The court has given the state and union governments two weeks time to file their replies.




V G Patil case: Calls before murder could be significant, says HC
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080075216&ch=12/4/2008%206:13:00%20PM
Press Trust of India
Thursday, December 04, 2008, (Mumbai)
The calls made to the accused a day before the murder of Jalgaon-based Congress leader Vishram G Patil would be of "great significance", the Bombay High Court remarked on Thursday.The High Court is hearing a petition filed by Rajni Patil, Vishram Patil's widow, seeking to make G N Patil, President Pratibha Patil's brother, an accused in the murder case.The case was probed by CBI, which filed two chargesheets this year, but said there was no evidence against G N Patil.Rajni Patil's lawyer Mahesh Jethmalani on Thursday argued that there were calls between the chargesheeted persons and G N Patil a day prior to the murder and on the day of the murder, and this was enough to implicate G N Patil.Following this, division bench of Justices-F I Rebello and R S Mohite queried if CBI had questioned G N Patil about the calls.Additional Solicitor General Gopal Subramaniam then produced statements of G N Patil on this point.Perusing them, court observed that Patil should have been specifically asked about calls on September 20 and September 21, 2005, the day of murder.Calls were made by G N Patil to Damodar Lokhande and Leeladhar Narkhede. Lokhande and Narkhede figure in chargesheets as the ones who hired killers.Justice Rebello observed, "Calls made to the accused would be of great significance, specially on or around the day of murder."But the discussion remained incomplete as court hours ended. The argument would continue on Friday.



HC rap for Dera head choking city
http://timesofindia.indiatimes.com/Chandigarh/HC_rap_for_Dera_head_choking_city/articleshow/3794403.cms
5 Dec 2008, 0508 hrs IST, TNN
CHANDIGARH: The Punjab and Haryana High Court on Thursday voiced the concern of many when it expressed its displeasure over thousands warming towards Dera Sacha Sauda chief who arrived in a convoy of 150 vehicles, creating traffic snarls at various places and bringing the city to a standstill on Wednesday. Calling it a sheer misuse of law and order, justice Ranjeet Singh verbally observed, "It is not tolerable that an accused comes to the city and overrides law and official machinery, causing inconvenience to the entire place." The matter surfaced during the bail application hearing of Inder Sen and Krishan Lal who are accused along with Dera head Gurmeet Ram Rahim Singh of murdering a former Dera employee and Sirsa-based journalist Ramchander Chattarpati. While Gurmeet Singh was in city to join investigations in a case registered against him by Bathinda police for posing as the 10th Sikh master, Guru Gobind Singh, his followers had started camping here since the previous night, forcing UT administration to beef up security. As many parking lots were sealed and traffic diverted at various places, commuters went through a gruelling time, especially at light points near Piccadilly in Sector 35 and Sector 20. Some 1,500 policemen patrolled the streets to keep trouble at bay during the time Gurmeet Singh stayed in the city. Even as 15,000 followers were confined to Sector 25, a score managed to breach security and reach Sector 9 that houses Punjab police headquarters where the Dera head was quizzed. When CBI counsel sought time to file a reply in bail applications of Lal and Sen, Justice Ranjit Singh, while fixing the next date of hearing on December 17, verbally observed, "Why is CBI not filing a bail cancellation application for the Dera head who is a prime accused in the case, whereas the two co-accused are in jail."




Indian law firms file PIL seeking police modernisation
http://www.moneycontrol.com/india/news/current-affairs/indian-law-firms-file-pil-seeking-police-modernisation/369514
Published on Fri, Dec 05, 2008 at 09:55 , Updated at Fri, Dec 05, 2008 at 10:11 Source : CNBC-TV18
Mumbai has been attacked over 15 times in the last two decades, each attack exposing flaws in the city’s security systems. The November 26 attack has led to considerable anger and anguish among Mumbaikars. But a number of people have converted this anguish into constructive action. They have supported the Society of Indian Law Firms in filing a PIL (Public Interest Litigation) in the Bombay High Court seeking immediate implementation of police modernization measures. Noteworthy among them include Cyril Shroff, Managing Partner, Amarchand Mangaldas; Amit Chandra, MD, Bain Capital; Cyrus Guzder, CMD, AFL; and Lalit Bhasin, President, SILF.

Here is a verbatim transcript of the exclusive interview with Cyril Shroff, Amit Chandra, Cyrus Guzder, and Lalit Bhasin on CNBC-TV18. Also see the accompanying video.

Q: I understand that the PIL was filed on December 3, 2008. Conceptually, what is this PIL all about?

Shroff: The PIL is about seeking the assistance of the court as a matter of judicial activism to step in and help the city and citizens of Mumbai in coming up with a constructive programme, which the court can then monitor to make sure that not only the police reforms but all such measures required to meet this threat are taken. We look upon the court to help monetary actions by the government that, at a conceptual level, is basically what it is all about.

Q: Why police reforms? In the last week since this horrible attack happened, there has been considerable anguish against politicians as well. There has been a lot of name calling, the blame-game has continued. I think the anger has been directed at the people who may have been perceived to have let us down and yet I think the path you all have chosen is instead to help modernize the police force. How did you all come upon that as the action plan?

Chandra: When we researched this problem, what was evident to us is that along with the judiciary and media, the third critical pillar of a functioning democracy is actually the police. Without a functioning police force, effectively society will degenerate, and we cannot make progress.

We were very clear that we wanted to have constructive action. What we found out in our research was that after each of the blasts over the last 15 years and even at various other points of time, there have been specific recommendations made to specifically address this kind of event.

Unfortunately, those recommendations have largely been not acted upon and have been ignored. The events have only got bolder and bolder, culminating in this very unfortunate event of this month.

So, we basically said let us ask the government to work under the court supervision to come up with a concrete plan to implement the recommendations of various committees that it has basically appointed.

Q: There have been numerous reports over the years regarding police reforms, administrative reform, and modernization of the forces. Some of them are not so outdated, but very few have been implemented. If they have been implemented, it has been done in a watered-down way. So, why do you feel confident that this effort will actually gain momentum and will help the Mumbai police?

Guzder: It is true that there have been many efforts ‑ public as well as in the courts ‑ in areas related to police reforms, judicial reforms, and other reforms. Our petition wants to stay clear of many of those administrative issues. We are concerned and I think the citizens of Mumbai are showing a great deed of rage and anguish. We have spent little time over the last few days thinking about what one could do in a focused way to try and bring some actionable results to the Mumbai’s security.

So, what we are looking at in this PIL is the upgradation, improvement, strengthening, and all the things that people have been calling for. If you get an admission and favourable judgement from the court, then the judiciary has the opportunity to assist citizens, who filed the PIL, to get a time-bound implementation of their programme.

One, as businessmen we have tried to find something that is actionable. Two, in going to the court in a thoroughly constructive way, there is no blame game, no responsibility pinning, but just focusing on things that need to be done. We want a time-bound programme. Third, we want to draw in citizens of Mumbai and a great deal of experts.

One of the recommendations in the PIL ,which we hope the court would be sympathetic to, is to create a larger citizens committee which covers various sections of society. Finally, we are heading for elections. We already have a coalition government and might end up with another.

So, if there are good judicial orders, they guide the bureaucracy with a steady hand at a time where maybe politics is in a flux.

Q: Are you emboldened by the fact that the instrument of public interest litigation has been used very effectively previously in matters of environment or law and order to help reflect the citizens’ voices?

Guzder: I think there are so many examples that you can give. For example, Delhi got its air pollution quality under control. In Mumbai, at a small level, the way Chowpatty beach was cleaned up. It is just that we try to use a mechanism of getting a crisp set of recommendations within a timeframe, with some degree of monitoring and supervision. At the end of the day, we should not be rushing to the court. The court in a way is an effort of last resort, but if you have an executive which keeps making promises and doesn’t act, then in a way this is one useful and appropriate remedy.

Q: Why did this SILF (The Society of Indian Law Firm) decide to spearhead this effort?

Bhasin: The SILF is readymade think-tank of the top three law firms of the country. We thought that this is not only an opportunity, but a need, a requirement that we must mobilize the intelligentsia to take up this issue.




Ward war in court
http://www.telegraphindia.com/1081205/jsp/nation/story_10206514.jsp
OUR CORRESPONDENT
Cuttack, Dec. 4: Fresh dispute over ward reservation has cast a shadow on the civic polls and the formation of a new council for the Cuttack Municipal Corporation.
The dispute raised before Orissa High Court assumes significance as the term of the last council expired on September 30.
Election was not possible due to legal disputes over notification of ward delimitation issued by the government on February 20.
In May, the court had nullified the government’s notification increasing wards from 48 to 54. The court granted the government time till October 8 to issue a final notification. This week again, the issue reached the high court when a fresh PIL challenged the notification. The petition was moved by Advocate D. Lenka on behalf of a former corporator.




Ind body BCCI joins PIL for Mumbai police modernisation
http://www.moneycontrol.com/india/news/current-affairs/ind-body-bcci-joins-pil-for-mumbai-police-modernisation/369417
Published on Thu, Dec 04, 2008 at 17:15 , Updated at Fri, Dec 05, 2008 at 10:07 Source : CNBC-TV18
As Mumbai marked a week to the terrible terrorist attacks yesterday, a PIL sought immediate police modernisation. The Bombay Chamber of Commerce and Industry has now joined the PIL.
Here is a transcript of Menaka Doshi and Natasha Parekh’s comments on CNBC-TV18. Also watch the accompanying video.

The PIL has been filed in the Bombay High Court headed by the Society of Indian Law Firms which is supported by a group of concerned citizens and business leaders. The PIL seeks modernization of the Mumbai Police Force that includes measures like more training, modern equipment, better coordination, enhanced resources and an elite force that can deal with situations promptly.

The PIL also seeks court assistance in ensuring that all measures are implemented. It requests the Bombay High Court to direct the Union and the state (both, either/or wherever applicable) to guarantee 'right to life', as in Article 21. The state should take all appropriate measures to meet the security threat to Mumbai, the PIL said.

Further, there has been demands of permanently stationing a NSG unit in Mumbai and wherever else required in Maharashtra and also to provide sufficient coastal security coverage. It request to establish coordination mechanisms across intelligence agencies and to assist, train and equip police to meet new age terrorist threat. The PIL wants the government to formulate and implement a crisis management plan and also procure and provide adequate equipment, vehicles, machinery, etc. One of the important requests in the PIL asks for the implementation of the McKinsey report and appointment of a citizen committee comprising eminent citizens.
Experts react:

Lalit Bhasin, President, Society of Indian Law Firms, said,"There should be more stringent laws, there should be more coordination between the police and other security agencies and also there should be like a single line of command to coordinate all the efforts, in case of such eventualities had risen in Mumbai recently."

Iqbal chagla, Advocate, said, "The legal status is that the government has been asked to respond and the matter has been kept for hearing December 15 immediately on the question of the establishment of the council. And they will have to file a detailed affidavit on all the other aspects."

Udayan Bose, Chairman, Thomas Cook, said, "It is to protect ourselves that we will certainly go to the Secretariat but more than that- go to the court and say these are the essential things that a citizen needs and you High Court becomes the point of coordination. A point who says to the bureaucrat that you are accountable- they are not accountable they make statements and walk away. So, I think that is why the industry has come together."

Deepak Parekh, Chairman, HDFC, said, "There are number of things, which we are supposed to do, which we have not done like - giving better equipment to our police personnel, giving more intelligence to our police personnel, giving them better working environment in the police."




Homosexuals are men of perverse mind, says govt
http://www.merinews.com/catFull.jsp?articleID=151564
The government said that homosexual traits are reflection of perverse mind, which could adversely impact Indian culture if it is decriminalised. In India, as per an estimate, there are 25 lakh gays who are struggling for gay rights in a peaceful manner..
CJ: Dr. Lalit kishore , 1 day ago
HOMOSEXUALITY OR gay sex is a criminal offence in India under Section 377 of Indian Penal Code (IPC) with a punishment of up to life imprisonment. Gay rights activists, by filing a PIL in Delhi High Court, had contended that the present law was infringing upon their fundamental right to equality.

Earlier, contradictory stands were taken by the health and home ministries in this regard and the court had asked for a unified government view. Additional Solicitor General (ASG) PP Malhotra has now filed a 100-page written submission in the Delhi High Court with certain pleas and challenged the court’s power to legalise gay sex.

The following passages from the written submission reported in the Press clarify the government stand on gay sex:

1. It is a serious question of culture and morality of the society and the court should not interpret our Constitution in such a manner to thrust foreign culture in India where the morality standards are not as high as in India.

2. The court is not the authority to decide what should be the law or what should not be the law. These are the functions of the Parliament and the will of the Parliament is represented by its members.
They know the will of their people, the difficulties of their people. It may not be proper for the court to assume the role and will of the people or to act as a Parliament to change the law…What are the laws and what could be the law should be left to the wisdom of the Parliament. Neither are the courts equipped nor is it the function of the court to decide what the law should be. The courts have only to interpret the law as it is….

The government said that homosexual traits are reflection of perverse mind which could adversely impact Indian culture if it is decriminalised.

In many countries, including India, gay rights have not been granted. The sexual orientation and preference is now being regarded as a right by many countries and the citizens suffer no discrimination on the basis of their sexual orientation and gender identity. In India, as per an estimate, there are 25 lakh gays who are struggling for gay rights in a peaceful manner.




Society of Indian Law Firms for better security measures
http://judisndia.blogspot.com/2008/12/society-of-indian-law-firms-for-better.html
Friday, 5 December, 2008
The Society of Indian Law Firms (SILF) has filed a PIL in the Bombay High Court urging for establishment of better security measures, its members want the state to set up a quick response team to tackle terror Echoing the city’s frustration at the government’s inability to ensure citizens’ security.“The petitioners are seriously concerned about the lack of security and safety of the citizens of Mumbai and Maharashtra in the wake of the terrorist attacks,” the petition filed by SILF, an association of the country’s top law firms, reads. “There is a sense of great insecurity in the city. It is impossible for trade, business or arts to thrive in such an atmosphere when even the basic sense of safety and security is weak or absent.”The PIL is likely to be heard on Thursday along with another PIL filed by a city lawyer seeking the appointment of an enquiry panel to probe the terror attacks.SILF’s petition seeks the setting up of a Quick Response Team, proposed by the state government in 2002 to tackle terrorist-related threats, and stationing of a permanent unit of the National Security Guards (NSG) that led the rescue operations in the recent attacks. It points out that between March 1993 and September 2006 the city has faced over 10 terrorist attacks. “The impunity and frequency of these attacks has now created a sense of frustration, despondency and deep insecurity.”Contrasting this to how New York City (NYC) tightened its laws and upgraded security measures post 9/11, the PIL says the measures taken by NYC have ensured that there has been no recurrence of terror attacks.The petition seeks better protection of the state’s coastline, setting up of a crisis management plan and citizens’ coordination committees and installation of CCTV cameras at key sites. The petition has also sought implementation of the recommendations made by the National Police Commission Reports and the McKinsey Report (2006) and a time-bound plan to train and better equip the police and security personnel.




Rs 100 too less, pay Rs 10,000 to compensate customer, Piccadily told
http://www.indianexpress.com/news/Rs-100-too-less--pay-Rs-10-000-to-compensate-customer--Piccadily-told/394527
Express News Service Posted: Dec 05, 2008 at 0222 hrs IST
Chandigarh: Setting aside an order of the District Consumer Forum in which Piccadily Cinema was directed to pay a compensation of Rs 100 for harassment meted out to a customer, the UT State Consumer Disputes Redressal Commission has enhanced the compensation amount to Rs 10,000.
The compensation was awarded for the harassment and inconvenience faced by a customer due to uncomfortable seats.
The forum asked the theatre to ensure due compliance with its directions with regard to the removal of deficiencies in the facilities availed of by consumers.
The theatre has been directed to get the seats repaired so as to spare consumers the ordeal of watching a movie sitting on torn seats after paying due charges and pay Rs 1,000 as litigation costs.
The complainant, J K Babbar, and his wife had gone to Piccadily Cinema on July 29, 2007, for the evening show of the film, ‘Partner’, which was to start at 6 pm.
He paid Rs 80 for the upper-stall tickets. The complainant said he was aggrieved with the bad condition of the seats allotted to them.
He said while the cloth cover was entirely torn, a few nails were protruding. He also alleged that the seat numbers given to them were of the lower stall, though he was charged for the upper stall.
In his complaint to the District Consumer Forum, Babbar said he had requested an attendant to change their seats but the latter behaved in a rude manner. He even went to meet the manager twice but he was not present in his chamber.
While the Piccadily theatre failed to send a representative to appear in the case, the Chandigarh Administration, which was also made the opposite party, said through the ADC that the facilities were checked after regular intervals.
The Piccadily authorities were then directed by the forum to refund the amount of Rs 80 (the costs of two movie tickets) and pay a compensation of Rs 100 to the complainant.
Aggrieved by the meagre amount of compensation, the complainant moved the UT State Consumer Disputes Redressal Commission, which ruled that the contention of the appellant had merit. The commission based its ruling on an inspection report of the Administration that said the condition of seats at the theatre was “good, except for a few in lower and upper stalls which need repairs”.
“From this document, the case of complainant or appellant is adequately corroborated,” the Commission said on Thursday.



More NRIs turn to consumer courts
http://www.indianexpress.com/news/More-NRIs-turn-to-consumer-courts/394513
Aneesha Sareen Posted: Dec 05, 2008 at 0211 hrs IST
Chandigarh: With a quick disposal rate in UT, they are ready to spend time in the country fighting their cases
Residing in foreign shores, but not completely severed from their roots in India, they are crippled by a sense of insecurity and restlessness, coupled with lost peace of mind. With their businesses, houses and properties still here, legal tangles keep them occupied during their visit home.
Consumer forums in the UT are receiving an increasing number of cases pertaining to NRIs.
The cases being filed at the forums range from embezzlement of shares, fraud by real estate companies and deficiency in services by banks to those against interior decorators, airlines, travel agents and capital firms where their investments are at stake.
Their problems with unscrupulous recruitment agents and the roadblocks they face in setting up businesses, too, find way to the forums. And most of the NRIs don’t hire a lawyer. They prefer to fight their cases on their own.
Most of these complainants are in the age group of 40 to 60 and according
to consumer experts, they are usually from Australia, Canada, France,
New Zealand, Portugal and the United Kingdom.
The experts say false documents and unreliable title deeds, even after validation by advocates, have seen many NRIs taking the builders to court.
“Though there is no such data available, we are witnessing more cases pertaining to NRIs. It is seen that most of the NRIs don’t have any local knowledge and thus easily fall prey to dubious property frauds or lose their stakes in investment,” says K C Gupta, president of the UT State Consumer Disputes Redressal Commission.
With UT consumer forums having a quick disposal rate, many NRIs are ready to spend time in the country fighting for their rights.
Cases in the UT forums * Working in Sweden for the last 35 years, Damini Chadha, a resident of Sector 10, has filed a complaint against a popular interior decorator company, alleging that they took Rs 50,000 from her to install water-proof doors for her 5-kanal house but used poor-quality wood. The NRI has been the chief executive officer of a Telecom company for 10 years in Stockholm. * A case was decided on November 28, in which a US citizen, Karamjit Singh Rudra, was granted a compensation of Rs 1 lakh from a popular tour operator. The complainant, who lives in Mohali, undertook a tour to Switzerland with his daughter for 13 nights and 14 days in 2007 and paid Rs 2.04 lakh to the tour operators, SOTC. Being US citizens, they didn’t require a visa for European countries, but the SOTC charged Rs 8,000 for the purpose. He also accused the SOTC of other harassments during the tour. Even as the SOTC denied any deficiency, the forum held that the visa amount was not required to be charged. * In a case decided earlier this year, the UT Consumer Forum directed Omaxe Limited, HSBC Bank and ICICI Bank to shell out Rs 3.5 lakh to an NRI for not paying the equated monthly instalments (EMI) to the builder of his house in time.



BSNL asked to pay up for billing broadband charges before activating it
http://www.indianexpress.com/news/BSNL-asked-to-pay-up-for-billing-broadband-charges-before-activating-it/394515
Express News Service Posted: Dec 05, 2008 at 0212 hrs IST
Chandigarh: The UT District Consumer Disputes Redressal Forum has directed the Bharat Sanchar Nigam Limited (BSNL) to pay Rs 20,000 as compensation for causing harassment to a customer. The Telecom major had allegedly charged a subscriber for broadband usage even before the connection was activated and sent him an inflated bill the next month.
The forum detected “gross deficiency” in the services rendered by the BSNL and asked it to pay up.
In 2007, S B Sharma applied for a telephone and broadband connection from the BSNL and deposited Rs 500 for the purpose. The phone started functioning from October 20, 2007, but the broadband connection was activated only on December 17, 2007.
It was alleged that the rental for broadband was included in the bill sent in November. Sharma said he got the bill for the month of December in January 2008, and to his shock he was asked to pay more than Rs 1 lakh. The bill showed Internet usage of 101403 MB. It was averred that the complainant never exceeded the usage of 01 GB, which was free for a month.
The matter was taken up with the BSNL and a representation in this respect was also submitted. After Sharma refused to pay the inflated bill, his phone was disconnected in March.
Following his complaints, he was given an average bill for the entire period, which he paid on March 26, 2008, after which the services were restored. The phone was, however, disconnected again in April, without any notice. The complainant alleged that the telecom company had not settled the disputed bill of more than Rs 3 lakh.
In its reply, the BSNL said the bill issued in November 2007 was corrected after deducting Rs 83 as broadband rent between November 21 and 30. They said the excessive bill for the month of December 2007 and January 2008 was due to the misuse of broadband by another subscriber.
The forum, headed by president Jagroop Singh Mahal, said the complainant faced harassment due to the negligence and deficiency in rendering proper services on the part of the BSNL. “The inflated bills were enough to scare him (Sharma) and give sleepless nights. When the broadband connection was provided on December 17, adding the usage prior to that date could not have been possible unless there had been a gross negligence on the part of the company,” said Mahal.



Delhi HC fines insurance companyfor not following the MACT order
http://www.indlawnews.com/Newsdisplay.aspx?e91f2663-0d74-4992-9d8a-7bc8267bc313
12/5/2008
The Delhi High Court imposed a fine of Rs 25,000 on the insurance company National Assurance for not honouring the Motor Accident Tribunal (MACT) order which awarded Rs 1.5 lakh to the family of a person who lost his life in an accident two years ago.Justice V B Gupta said the award given by MACT was totally justified.Directing the company to pay the compensation to the family of one Leela Dhar who had died in a road accident, the court directed it to pay an additional fine of Rs 25,000 to the family for dragging the case.The case pertains to 45-year-old Leela Dhar, who was riding a bicylcle on the GT Karnal road when he was hit by a truck. He died on the spot.The truck driver and the owner also face trial and the case was referred to MACT, which directed the insurance company to pay the compensation to the family of the deceased.UNI


NHRC: Child labour rampant in the country
http://www.lawyersclubindia.com/news/2008/12/nhrc_child_labour_rampant_in_the_country.asp
Posted on : 04 December 2008 by Y.Prakash
NHRC has directed Aligarh District Administration in Uttar Pradesh to submit within 4 weeks its report on the rampant child labour by the lock industry.NHRC in its order issued yesterday has taken serious note of its study carried out by Aligarh Muslim University and investigation carried out by a leading English daily from New Delhi alleging that around 14 thousand children in the age group of 5 to 16 years are presently working in Aligarh.A complaint was filed by Radakanta Tripathy , an advocate who had demanded action against the employers of child labour for violating the human rights of children.NHRC in its order has said in case Deputy Magistrate and Labour Commissioner Aligarh failed to submit report NHRC may proceed to take such action as it may deemed fit.
Source : UNI