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Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.

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+91 9971049936, +91 9312079439
Email: adv.kamal.kr.pandey@gmail.com

Tuesday, August 23, 2011

LEGAL NEWS 23.08.2011

Late complaint of sexual assault cannot be defence for accused: High court

Daily News & Analysis

The accused was arrested and charged under section 354 of the Indian Penal
Code. During the trial, the court examined five witnesses. Considering the
evidence, the magistrate sentenced the accused to imprisonment for three
months and a fine of Rs300. ...

<http://www.dnaindia.com/mumbai/report_late-complaint-of-sexual-assault-cannot-be-defence-for-accused-high-court_1578711>


PUCL demands repeal of Sedition law

IBNLive.com

BANGALORE: People's Union for Civil Liberties (PUCL), announced that it has
launched a signature campaign for the deletion of Sedition law, Section
124(a) of Indian Penal Code. This law was enforced by the British during
their colonial rule over India, ...

<http://ibnlive.in.com/news/pucl-demands-repeal-of-sedition-law/177804-60-119.html>


91 cases of passports obtained on forged documents

Pune Newsline

... 468 (forgery for purpose of cheating), 471 (using a forged document as
genuine), 34 (acts done by several person with common intention) and 120B
(criminal conspiracy) of the Indian Penal Code and section 12 (1)(b) of the
Passports Act, 1967. ...

<http://www.expressindia.com/latest-news/91-cases-of-passports-obtained-on-forged-documents/835695/>

The Punia precedent

Frontline

Any utterance that is anti-Dalit is an offence under the Indian Penal Code,
which strictly defines offences that can hurt feelings – Sections 153A,
153B and 504. These provisions are not used to curb communal hate groups.
Politicians in power extract ...

<http://www.frontline.in/stories/20110909281804200.htm>

CBI says no bias in its assets probe

Deccan Chronicle

The joint director of the Central Bureau of Investigation, Mr VV
Lakshminarayana, on Monday, answered criticisms that several names
mentioned in the writ petitions have been excluded in the CBI's first
information report in the illegal assets case of ...

<http://www.deccanchronicle.com/channels/cities/hyderabad/cbi-says-no-bias-its-assets-probe-654>

Forensic reports being tampered with: PHC CJ

The News International

“The government should take measures to stop these unlawful acts to
control narcotics and get the accused persons sentenced,” the chief
justice observed this in a writ petition filed by an alleged drug smuggler
requesting the court to send back the FSL ...

<http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=64137&Cat=7&dt=8/23/2011>

DME, selection panel Secretary appear in court

IBNLive.com

M Sathishkumar, an aspirant for MBBS course, of Chellamudi village in
Dharmapuri district, filed a writ petition and the judge, while allowing it
on August 1 last, had directed the authorities to admit him in any one of
the government medical colleges ...

<http://ibnlive.in.com/news/dme-selection-panel-secretary-appear-in-court/177835-60-120.html>

Man gets life term for killing wife, no remission for 20 yrs

Hindustan Times

“The manner in which the woman had been brutally killed proves that the
offence was planned and he has executed the same in a cold blooded manner
and the extent of brutality is writ large,” Additional Sessions Judge
Kamini Lau said. ...

<http://www.hindustantimes.com/Man-gets-life-term-for-killing-wife-no-remission-for-20-yrs/Article1-736321.aspx>

NMC will receive plaints on e-mail soon

Times of India

Avantika Chitnavis and others had filed a writ petition in Nagpur high
court alleging that NMC, Nagpur Improvement Trust (NIT) and public works
department (PWD) had not followed the recommendations of Upalokayukta on
ways to improve quality of roads. ...

<http://timesofindia.indiatimes.com/city/nagpur/NMC-will-receive-plaints-on-e-mail-soon/articleshow/9704367.cms>

Justice Sen to defend himself in Lok Sabha

Times of India

NEW DELHI: With the motion for removal of a judge going to both the Houses
for the first time in Parliament's history, Justice Soumitra Sen will get a
second opportunity to defend himself, this time in the Lok Sabha. After
Rajya Sabha passed the motion ...

<http://timesofindia.indiatimes.com/india/Justice-Sen-to-defend-himself-in-Lok-Sabha/articleshow/9701091.cms>

Mixed reactions to SC verdict allowing best five policy

Times of India

NAGPUR: The Supreme Court (SC) recently allowed the state government to
continue the policy of using 'best five' policy in admitting students in
standard XI, and extended the rule to students of all boards. Parents of
children studying in the Indian ...

<http://timesofindia.indiatimes.com/city/nagpur/Mixed-reactions-to-SC-verdict-allowing-best-five-policy/articleshow/9704053.cms>

Bench recuses from hearing HAL airport plea

Deccan Herald

The move came after one of the petitioners - Airports Authority of India
Employees' Union - filed a 200-page document on the issue, which has
already been reserved for judgement. The Chief Justice, who was upset over
this, said: “I am unhappy with this ...

<http://www.deccanherald.com/content/185640/bench-recuses-hearing-hal-airport.html>

Judicial Standards and Accountability Bill to be finalized soon

Economic Times

NEW DELHI: In the backdrop of reports that Anna Hazare was ready to be
flexible on the inclusion of the judiciary in the Lokpal Bill, the Judicial
Standards and Accountability Bill is likely to be finalised by a
Parliamentary Committee this week. ...

<http://economictimes.indiatimes.com/news/politics/nation/judicial-standards-and-accountability-bill-to-be-finalized-soon/articleshow/9698548.cms>

JKLF to file PIL in Supreme Court: Malik

GreaterKashmir.com (press release)

Srinagar, Aug 22: The Chairman of Jammu and Kashmir Liberation Front
Muhammad Yasin Malik on Monday announced that the Front would very soon
file a Public Interest Litigation in the Supreme Court regarding
unidentified bodies and unmarked graves in the ...

<http://www.greaterkashmir.com/news/2011/Aug/23/jklf-to-file-pil-in-supreme-court-malik-71.asp>


PIL against raising of road levels

Assam Tribune

These are some of the assertions made in a petition filed by some concerned
Guwahatians before the Gauhati High Court in a Public Interest Litigation
(PIL) case (No 44 of 2011) on the road levels. The PIL has been admitted by
the court. ...

<http://www.assamtribune.com/scripts/detailsnew.asp?id=aug2311/at08>


HC issues notice to HR and CE officials over ancient temple

IBNLive.com

Admitting a PIL, Justices P Jyothimani MM Sundresh ordered issue of notices
to the Secretary, Commissioner, and Assistant Commissioner of the HR and CE
Department and Sivakumar, who was in charge of the temple. The PIL sought a
direction from the court ...

<http://ibnlive.in.com/generalnewsfeed/news/hc-issues-notice-to-hr-and-ce-officials-over-ancient-temple/797158.html>

JKLF to file PIL in Supreme Court: Malik

GreaterKashmir.com (press release)

Srinagar, Aug 22: The Chairman of Jammu and Kashmir Liberation Front
Muhammad Yasin Malik on Monday announced that the Front would very soon
file a Public Interest Litigation in the Supreme Court regarding
unidentified bodies and unmarked graves in the ...

<http://www.greaterkashmir.com/news/2011/Aug/23/jklf-to-file-pil-in-supreme-court-malik-71.asp>


PIL against raising of road levels

Assam Tribune

These are some of the assertions made in a petition filed by some concerned
Guwahatians before the Gauhati High Court in a Public Interest Litigation
(PIL) case (No 44 of 2011) on the road levels. The PIL has been admitted by
the court. ...

<http://www.assamtribune.com/scripts/detailsnew.asp?id=aug2311/at08>


HC issues notice to HR and CE officials over ancient temple

IBNLive.com

Admitting a PIL, Justices P Jyothimani MM Sundresh ordered issue of notices
to the Secretary, Commissioner, and Assistant Commissioner of the HR and CE
Department and Sivakumar, who was in charge of the temple. The PIL sought a
direction from the court ...

<http://ibnlive.in.com/generalnewsfeed/news/hc-issues-notice-to-hr-and-ce-officials-over-ancient-temple/797158.html>

Sandalwood: Karnataka high court notice to state govt

Daily News & Analysis

Retired forester, writer and activist CH Basapannavar has filed a PIL
seeking the constitution of a sandalwood development authority. He had
earlier filed a petition asking for the constitution of the Sandalwood
Development Authority and made ...

<http://www.dnaindia.com/bangalore/report_sandalwood-karnataka-high-court-notice-to-state-govt_1578780>

Sandalwood: Karnataka high court notice to state govt

Daily News & Analysis

Retired forester, writer and activist CH Basapannavar has filed a PIL
seeking the constitution of a sandalwood development authority. He had
earlier filed a petition asking for the constitution of the Sandalwood
Development Authority and made ...

<http://www.dnaindia.com/bangalore/report_sandalwood-karnataka-high-court-notice-to-state-govt_1578780>

PILs seek reopening of HAL Airport

IBNLive.com

The petitioners had filed the PIL contending that a Parliamentary Committee
on Transport, Culture and Tourism had recommended the reopening of the HAL
airport which was closed for commercial operations in May 2008. The CJ
observed that an entire ...

<http://ibnlive.in.com/news/pils-seek-reopening-of-hal-airport/177791-60-119.html>

Ex-CJI KG Balakrishnan refutes allegations of Soumitra Sen

Daily News & Analysis

Place: New Delhi | Agency: PTI Former Chief Justice of India (CJI) KG
Balakrishnan today refuted allegations levelled by tainted Calcutta High
Court Judge Soumitra Sen that he recommended his impeachment without proof.
Balakrishnan, who had written to ...

<http://www.dnaindia.com/india/report_ex-cji-kg-balakrishnan-refutes-allegations-of-soumitra-sen_1578622>

19 years late, 'domestic violence' case quashed

Times of India

MUMBAI: A Ghatkopar resident's attempts to file a domestic violence and
dowry harassment case, 19 years after the alleged incidents of cruelty,
against a man whom she claimed to have married, has been thrown out by the
Bombay High Court. ...

<http://timesofindia.indiatimes.com/city/mumbai/19-years-late-domestic-violence-case-quashed/articleshow/9701018.cms>

Can't give guns for fishermen: Centre

Times of India

MADURAI: The Union government has submitted to the Madurai bench of the
Madras high court on Monday that providing guns to fishermen for
self-protection was not possible as such a course of action will lead to
law and order problems and will result in ...

<http://timesofindia.indiatimes.com/city/madurai/Cant-give-guns-for-fishermen-Centre/articleshow/9701822.cms>

Move Lokayukta court for bail, HC directs BSY

IBNLive.com

BANGALORE: Karnataka High Court today directed former chief minister BS
Yeddyurappa to move the Lokayukta court for anticipatory bail in a case
relating to alleged irregularities in land denotification. The directive
was issued by Justice L Narayana ...

<http://ibnlive.in.com/news/move-lokayukta-court-for-bail-hc-directs-bsy/177738-60-115.html>

HC orders to investigate sub-inspector

Times of India

COIMBATORE: The city police have decided to probe into the alleged
involvement of a woman sub-inspector posted at Selvapuram police station in
holding local Kangaroo courts and misusing her official capacity. The
police sprang into action after the ...

<http://timesofindia.indiatimes.com/city/coimbatore/HC-orders-to-investigate-sub-inspector/articleshow/9702383.cms>


Provide stats on Urdu schools: HC

Times of India

MUMBAI: Expressing concern over the dwindling number of students in
Urdu-medium secondary and higher secondary schools, the Bombay high court
on Monday directed the state government to provide statistics of state-run
and private schools. ...

<http://timesofindia.indiatimes.com/city/mumbai/Provide-stats-on-Urdu-schools-HC/articleshow/9701343.cms>



HC bats for dad in custody battle

Times of India

MUMBAI: Merely because a child says he does not want to see his father's
face is not a ground for denying a man fighting a divorce battle access tohis son, the Bombay high court has ruled. ''It is no use for the child who
has been brought before a ...

<http://timesofindia.indiatimes.com/city/mumbai/HC-bats-for-dad-in-custody-battle/articleshow/9701299.cms>


Sen's counsel: HC has not adopted 'in-house' procedure

Indian Express

Reacting to former CJI KG Balakrishnan's remarks to The Indian Express on
the adoption of "in-house procedure" by the Supreme Court and high courts,
the counsel for Justice Soumitra Sen -- who is facing impeachment -- said
the Calcutta High Court had ...

<http://www.indianexpress.com/news/sens-counsel-hc-has-not-adopted-inhouse-procedure/835697/>

Madras HC dismisses H&M petition challenging Rs5 lakh fine by ED

Moneylife Personal Finance site and magazine

(Read, 'Bombay HC allows proceedings against Helios & Matheson') Madras
High Court judge T Raja observed that, "In the light of the foregoing
discussion, I hold that the present writ petition is not maintainable and
accordingly, the same is dismissed. ...

<http://www.moneylife.in/article/madras-hc-dismisses-hm-petition-challenging-rs5-lakh-fine-by-ed/19118.html>

No change in user of common land without preparing utilisation plan: HC

Indian Express

In a landmark decision, the Punjab and Haryana High Court has ordered that
without preparing a land utilization plan no Gram Panchayat in Haryana
shall change the use of village common land (shamlat deh) so that it is
utilised only for the benefit of ...

<http://www.indianexpress.com/news/No-change-in-user-of-common-land-without-preparing-utilisation-plan--HC/835632/>


Widow accuses cops of extortion, HC orders probe

Hindustan Times

PTI The Delhi high court has directed the city police to conduct an inquiry
against two of its personnel on a 72-year-old widow's allegation that the
cops had forcibly taken away R15,000 and an office key from her possession
in January this year. ...

<http://www.hindustantimes.com/Widow-accuses-cops-of-extortion-HC-orders-probe/Article1-736316.aspx>

No change in user of common land without preparing utilisation plan: HC

Indian Express

In a landmark decision, the Punjab and Haryana High Court has ordered that
without preparing a land utilization plan no Gram Panchayat in Haryana
shall change the use of village common land (shamlat deh) so that it is
utilised only for the benefit of ...

<http://www.indianexpress.com/news/No-change-in-user-of-common-land-without-preparing-utilisation-plan--HC/835632/>


Widow accuses cops of extortion, HC orders probe

Hindustan Times

PTI The Delhi high court has directed the city police to conduct an inquiry
against two of its personnel on a 72-year-old widow's allegation that the
cops had forcibly taken away R15,000 and an office key from her possession
in January this year. ...

<http://www.hindustantimes.com/Widow-accuses-cops-of-extortion-HC-orders-probe/Article1-736316.aspx>

Kerala HC gives go ahead for engineering college admissions

Times of India

PTI | Aug 22, 2011, 10.31PM IST KOCHI: The Kerala high court permitted the
state government to continue with the admission process for engineering
courses. Vacating its August 19 order of status quo, a bench comprising
Chief Justice J Chelemeswar and ...

<http://timesofindia.indiatimes.com/home/education/Kerala-HC-gives-go-ahead-for-engineering-college-admissions/articleshow/9698934.cms>

HC raps AAI employees union

IBNLive.com

PTI | 10:08 PM,Aug 22,2011 Bangalore, Aug 22 (PTI) Karnataka High Court
today rapped the Airports Authority of India (AAI) Employees' union for
submitting additional documents challenging the closure of HAL airport on
which the court had already ...

<http://ibnlive.in.com/generalnewsfeed/news/hc-raps-aai-employees-union/797014.html>


HC refuses to stay order against SJD MLA in land case

MSN India

Kochi, Aug 23 (PTI) The Kerala High Court today again declined to stay a
single judge''s order directing Socialist Janata (Democratic) MLA MV
Shremyamskumar to surrender 16.75 acres of land at Wynad and refused to
hear his appeal out of turn. ...

<http://news.in.msn.com/national/article.aspx?cp-documentid=5384385>

Can't junk entire evidence of hostile witness: HC

Indian Express

Ahmedabad: Just because a witness has been declared hostile, his entire
evidence is not wiped out, the Gujarat High Court has held, adding that it
is a settled law. The High Court has also held that trial courts should
accept the part of evidence of a ...

<http://www.indianexpress.com/comments/cant-junk-entire-evidence-of-.../835249/>

Integrity important to be a judge'

Times of India

The HC conducts the recruitment of lower court judges and the governor is
the appointing authority. The HC held the "recruiting authority is entitled
to scrutinize the antecedents and credentials of the candidate and to weed
out, at that stage, ...

<http://timesofindia.indiatimes.com/city/mumbai/Integrity-important-to-be-a-judge/articleshow/9701279.cms>

CCI not a blanket decision for all real estate firms: ELP

Moneycontrol.com

... and the MRTP that they have full jurisdiction over these builder
agreements. ... Being an overarching regulator, the competition commission
has a broad ...

<http://www.moneycontrol.com/news/business/cci-notblanket-decision-for-all-real-estate-firms-elp_579141.html>

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