HC nod to Kamal Haasan’s magnum opus

CHENNAI, MAY 29: Dasavatharam, actor Kamal Haasan’s so-called magnum opus, is all set to hit the screens after it cleared the legal hurdle on Thursday.
A High Court Bench here dismissed a petition filed by the International Sri Vaishnava Dharma Samrakshanna Society (SVDSS), represented by president Swamy Govinda Ramanuja Dasan, demanding change of movie title and deletion of certain scenes from the movie. Justices K Venkataraman and M Satyanarayana ruled that Dasavatharam was an ancient name without any intellectual property rights attached, and as such, nobody could object to it as the title of a movie. The court also refused to direct the Censor Board to delete certain portions, as the petitioners themselves have not watched the movie.
Based on the clippings shown in a private channel, the petitioner had contended that the movie, with its portrayal of clashes between Vaishnavites and Saivites, may lead to tensions between the believers of the two schools of thought.
However, the Bench refused to entertain the contention, stating, “The petitioner cannot demand deletion of scenes since they have not watched the film.” Some of the objections raised by the petitioner was an “imaginary assumption” observed the Bench, adding that some of the scenes were merely fiction stemming out of imagination.
Denying the allegation that the movie offended religious sentiments, the defence counsel appearing for producer ‘Oscar’ K Ravichandran and director K S Ravikumar maintained that the movie glorified the existence of God as the supreme power.
Express News Service
Posted online: Friday, May 30, 2008 at 2302 hrs

HC reserves order on petition against ban on plastic bags

Delhi High Court today reserved its order on the petition filed by social activist Vinod Kumar Jain seeking a ban on plastic bags in the capital and to frame a policy for disposal of non-biodegradable material.A bench comprising Justice T S Thakur and Justice Siddharth Mridul after hearing the report of the commitee, constituted by them earlier and the petitioner, reserved its order.A committee comprising J K Dadoo, chairman of the pollution control committee, J M Mauskar chairman of central pollution control board and justice R C Chopra former judge of Delhi High Court was constituted by the court to look into the issues of environmental hazards caused by the use of plastic bags.The committee after consultations with various agencies like IIT, scientists of polymer science came to the conclusion that a blanket ban on plastic cannot be imposed in the capital as the virgin plastic is not injurious to health.The committee said ban should be imposed on recycled plastics as it is a health hazard. It suggested that the plastic manufacturing companies should have recycling plants and create public awareness for disposal of plastics.The committee also recommended the use of biodegradable plastic bags and the use of plastic waste in making road construction material and other products. On the other hand the committee said that finished virgin plastic bags are not injurious to health as it is chemically inert. Plastic, which is used worldwide for packing of medicines,life saving drugs,childcare products,packing bags cannot be banned totally, it added.UNI
5/28/2008
http://www.indlawnews.com

HC declines to stay ‘single window’ system for higher secondary admission

The Kerala High Court today gave the green light to the 'single window system' for admissions to higher secondary classes by declining to stay the Government Order on this. Holding that the introduction of single window system was not an infringement on minority rights, Justice K T Sankaran observed that the balance of convenience was in favour of the State Government. The court held that the system was not violative of constituitonal provisions as well as the Kerala Educational Rules. The system will not infringe on the management rights of minority-run institutions as it was being introduced only for the merit seats and the management seats would not be affected, the court noted.However, it also observed that there was a need for a comprehensive legislation regarding admissions to higher secondary classes.The interim order today was issued in five writ petitions, including those filed by the archdioces of Changanacherry, Idukki and Cochin, challenging the 'single window system' as an infringement on minority rights. Under the system, a student would not have to apply in several school but only in one school with preferences.The admission would be made to any school in the district as per the student's rank. The court will consider the petitions in detail later.UNI
5/28/2008
http://www.indlawnews.com

HC directs Maharashtra Govt to admit 214 seats on or before May 31

The Bombay High Court today directed Maharashtra government to admit students to 214 medical post-graduate seats on or before May 31 this year. While passing the order, a division bench of Justice S C Dharmadhikari and Justice S S Shinde directed the state government to admit students to all 194 seats, which were not recognised, by the Medical Council of India (MCI), and 20 recognised by it by May 31.>Saying other petitions would be heard on June 18, the division bench also directed all concerned parties to file their affidivates in this regard.Earlier in the day, the state government told the High Court that they were ready to withdraw the impugned circular and restart the admission process for the medical postgradute seats in the state.On which, the Court asked the state to file its say. Later, in the afternoon session, the state filed an affidavit.Subsequently, the Court passed the order.It may recalled that the People Health Organisation (PHO) had filed a public interest iitigation (PIL) in the court demanding an increase in post-graduate seats for medical students.During the last hearing, the court had expressed its dissatisfaction over undue delay on the part of MCI, in completing the inspection process.UNI
5/28/2008
http://www.indlawnews.com

HC refuses to interfere in Delhi Metro's elevated project

New Delhi (PTI): The Delhi High Court on Friday dismissed a petition seeking to scrap the metro's elevated corridor project in south Delhi on the ground that it would cause noise pollution in residential areas.
A bench headed by Justice T S Thakur, however, directed the Centre and Delhi Metro Rail Corporation to make all possible efforts to reduce the level of noise pollution which will be caused by the metro rail running on the elevated corridor.
The petition, filed by residents of south Delhi colonies falling on the route of the project, had contended that running metro rail on elevated corridor would create noise pollution and would interfere in their private life as it would be passing very close to their homes.
The elevated corridor of 4.5 km is being constructed between Jawaharlal Stadium and Kalkaji colony and would pass through Jangpura, Kailash Colony, Defence Colony, Lajpat Nagar and Greater Kailash.
The Centre had defended the elevated project, saying a huge investment would be required for building an underground Metro corridor.
Delhi Metro Rail Corporation had also contended that contract for the project had already been awarded to the companies and it would not been possible to revert back.
The court had in an earlier hearing questioned the rationality behind building an elevated corridor for metro instead of making it underground.
"We can understand if the project was passing through an undeveloped area. But we are dealing with a case where the elevated corridor will pass through well-established colonies," the Bench had earlier said, however, refusing to stay the ongoing project.
Friday, May 30, 2008
http://www.hindu.com

Genelec case: HC bats for shareholders

A shareholder can initiate legal action on behalf of a company if he can prove that wrong-doers are in control of it, the Bombay high court has ruled.
Upholding shareholders' right to initiate derivative action on behalf of a company in exceptional cases, the HC last month struck down the 2007 sale of Genelec Ltd's Mumbai property in a suit filed by a shareholder.
As per the details of the case, three of Genelec's directors — Vinod Faria, Suresh Faria and Amarish Nishar — had sold the company's Andheri property valued at Rs 18.28 crore for Rs 6.95 crore without seeking approval from the company's general body.
Nirad Mehta, a shareholder in Genelec, moved court challenging the sale, alleging fraud and non-compliance with legal procedures.
The three directors opposed the petition stating that a shareholder did not have the locus standi to initiate action on behalf of the company.
Normally, it is a company that is entitled to initiate action for any wrong done.
However, Mehta's lawyers Rajni Iyer and Mansukhlal and Hiralal & Co alleged that the three directors themselves had wrongfully alienated and transferred the property of the company in breach of their fiduciary duty. The directors, therefore, were unlikely to initiate action on behalf of the company to set aside the sale.
"Since the directors themselves are alleged to be wrong doers and are in charge of the company, an action by the plaintiff would be maintainable," Justice D G Karnik stated.

The three directors claimed that a resolution was passed on March 23, 2007, in a general body meeting to sell the suit property.
Mehta's lawyers, however, pointed out that no notices were served to members for the alleged meeting, no register maintained for members present at the meeting and no minutes prepared as mandatory under the Companies Act.
"It must therefore be held, at least at this prima facie stage, that no meeting was ever held on 23rd March 2007, much less a meeting in accordance with law," Justice Karnik ruled.
Genelec, an electrical manufacturing company, has been declared a sick company by the Board of Industrial and Financial Reconstruction, though the winding up order is yet to be issued.
The HC noted that the market value of the suit property, which was sold for Rs 6.95 crore by the three directors, was more than Rs 18.28 crore as per stamp authorities. Stamp duty was paid on the valuation of Rs 18.28 crore.
Under license from www.3dsyndication.com
Anshika Misra/ DNA MONEY Friday, 30 May , 2008, 10:31

Sun Pharma threatens to take legal action against Taro

NEW DELHI: Sun Pharma today threatened to take legal action against Israel-based Taro Pharmaceuticals, which terminated the 454-million-dollars merger agreement yesterday. In a letter written to Taro's Chairman Barrie Levitt, Sun Pharma Chairman and Managing Director Dilip Shanghvi said the Israeli company is not entitled to terminate the merger as per the agreement. "In the light of Taro's action, Sun will now consider all of its options, including without limitation commencing legal proceedings as to Taro's right to terminate the merger agreement," Sanghvi said in his letter. Taro had yesterday said its Board of Directors unanimously determined that permitting the merger agreement, signed in May 2007, to remain in force was no longer in the best interest of the company.
http://economictimes.indiatimes.com
29 May, 2008, 1549 hrs IST, PTI

Govt to review domestic violence act: Renuka

New Delhi: The government is considering to review the domestic violence act and other laws concerning women in view of the protests by some men's group about its misuse.
Minister of State for Women and Child Development Renuka Chowdhury on Wednesday faced the ire of men protesting against ''such misuse'' under the banner of the Gender Human Rights Society when she organised a 'Roundtable on building partnership with men for women empowerment and gender equality'.
Chowdhury said the laws were necessary to give direction to people so that they must realise that if they committed violence against women they would receive punishment. Moreover, if there was any violation by some women, these men should take the help of police and court to settle their personal grievances. The people implementing the law, be it in the police or judiciary, were mostly men, so they could not complain any bias against men, she pointed out.
However, the law is a dynamic process based on the requirements of a particular society and the government is considering review of the domestic violence act within one year of its implementation, Chowdhury informed. She said she has asked the states to send the data regarding the domestic violence cases so the implementation status of the law could be assessed.
She said high reporting of domestic violence by women in Rajasthan showed the increasing awareness among women about their rights even in traditional society.
The Minister also said sometime men remain silent spectator and not speak where required and then vent their frustration over women, which could not be tolerated. Regarding the complaints of misuse of section 498 of the Dowry Prohibition Act, Ms Chowdhury said it required a detailed analysis why this section was being used by women and not other laws meant to protect their rights and dignity.
Earlier, a large number of men gathered at the meeting venue and raised slogans to protest against the 'misuse' of these laws.
They wanted revoking of these laws which were ''discriminating against men''. They even pointed out instances where families were harassed and even thrown out of their house by daughter in laws by using these laws.
Asked whether the Ministry considering banning obscene SMS and MMS by enacting law, Chowdhury said the families, community and society as a whole must act against such menace and not look to the government alone for this purpose.
Thursday, 26 June , 2008, 09:14
http://sify.com

Governments driving people to courts: CJI

“Courts heavily burdened with cases”
CJI for out-of-court settlements
THANJAVUR: Chief Justice of India K. G. Balakrishnan said that people were being driven to courts in many land acquisition cases by the government.
Instead, the State governments should evolve a system to settle cases out of court, he said.
Speaking at the bicentenary celebrations of the constitution of the Thanjavur district court on Tuesday, Justice Balakrishnan said that India needed more courts and a huge number of judges.
“Our courts are heavily burdened with cases. Our disposal rate is 23 per cent, but the piling up of cases is at 30 to 32 per cent,” he said.
Governments could settle a lot of cases by paying the right compensation on claims and people could also help by approaching the Lok Adalat and using other alternative modes of dispute resolution.
The Chief Justice allayed the misconception among some State governments that courts were in confrontation with governments.
“While discharging their duties, courts set aside some government orders. This does not mean that courts are in confrontation with governments,” he said.
Landmark judgment
Presiding over the function, the Chief Minister M. Karunanidhi thanked the Chief Justice for giving a landmark social justice judgment by providing 27 per cent reservation for OBCs in premier institutes such as the Indian Institute of Technology.
Mr. Karunanidhi recalled that it was the Thanjavur district court that upheld his election to the Thanjavur Assembly Constituency when a case was filed against his election in 1962.
He also recalled the landmark judgment given by the court in the Keelavenmani incident in which Dalits were burnt to death at Keelavenmani village in Nagapattinam district.
Law Minister Durai Murugan, Union Minister of State for Law K. Venkatapathy and Madras High Court Chief Justice A. K. Ganguly spoke.
Thayarammal, the sole woman among the 141 district judges who served the Thanjavur court, lit the traditional lamp to inaugurate the function.
The Chief Minister released the bicentenary souvenir.
Wednesday, Jun 25, 2008
G. Srinivasan
http://www.hindu.com

Give good governance, CJI tells states

THANJAVUR: Stating that the courts are already burdened with cases, Chief Justice of India K G Balakrishnan has exhorted the State governments to at least help the courts reduce the number of cases by providing ‘good governance.’Delivering an address after unveiling the bicentenary monument plaque of Thanjavur District Court at a function held at Tamil University here on Tuesday, Balakrishnan pointed out that the courts were flooded with cases arising out of land acquisition and disbursal of compensation. He exhorted the State governments to help the courts reduce the number of cases by amicably settling the disputes and preventing the litigants from approaching the courts.The CJI commended the contributions made by Thanjavur District Court for 200 years in the maintenance of the rule of law.He congratulated the Tamil Nadu Government for giving infrastructure and required fund allocation. “The judiciary in Tamil Nadu is in a better position when compared to many other states,” Balakrishnan said.“It is not the building alone that makes a High Court. You must consecrate this building into a temple of justice. When the courts set aside the executive orders, it shall not be misconstrued as confrontation between the judiciary and the State Government,” Balakrishnan said.feedback@epmltd.com
Wednesday June 25 2008 10:00 IST
Express News Service
http://www.newindpress.com

Pendency can be reduced if govts appoint more judges:CJI

Thanjavur (TN), June 25: Chief Justice of India K G Balakrishnan said here on Tuesday pendency of cases in courts could be cut down drastically if state governments appointed more judges and magistrates.
Participating in a function to celebrate the bi-centenary of a district court here, he said though the disposal of cases had increased from 20 to 25 per cent, filing of new cases had increased ranging from 30 to 35 per cent.
"We do not have enough courts in India and it should be increased", he said.
He said there was a need to increase the number of CBI courts for speedy dispoal of cases. He had taken up the matter with Prime Minister Manmohan Singh who had agreed to look into the matter, he said.
Expressing concern over 'stagnation' of civil cases, particularly land disputes, he said these cases should be amicably settled and state governments should look into the matter and see that the cases were settled out of court.
He said "courts should give security to the common man and protect their human rights".
Chief Minister M Karunanidhi, presiding over the function, thanked the CJI for upholding 27 per cent reservation for OBCs in the institutes of higher learning. "It is a landmark judgement in the history of social justice", he said.
Striking a personal note, Karunanidhi said it was the district court, which upheld his election as MLA from here, when it dismissed an election petition challenging his election way back in 1962. The district court also delivered a landmark judgement, punishing a number of people for burning 30 Dalits alive at Kizhavenmeni in 1968. - Agencies
Published: Wednesday, June 25, 2008
http://www.chennaionline.com

Karunanidhi promises to meet the needs of the judiciary

Tamil Nadu Chief Minister M Karunanidhihas said all the requirements of the judiciary would be fulfilled by his Government. Speaking at the 200th anniversary of the Thanjavur District Court, he recalled Chief Justice of India K G Balakrishnan's remarks that his Government had allotted more funds for the judicial department.Set up in 1807 during the Chola regime, the Thanjavur court has seen 141 judges in its history."Of the 141 judges, one of them had given justice to me," he said, recalling that the judge gave a verdict in his favour when a petition was filed in 1962 contending that his election to the State Assembly from Thanjavur was invalid. Mr Karunanidhi thanked the CJI for his recent verdict in favour of 27 per cent OBC quota in Centrally-run higher educational institutions in the country."It is not a verdict for us, but a verdict for the poor and the oppressed classes," the Chief Minister said.Mr Balakrishnan unveiled a stone plaque to mark the 200th anniversary of Thanjavur District Court.Madras High Court Chief Justice A K Ganguly, Law Commission Chairman A R Lakshmanan, Union Minister of State for Law K Venkatapathy, Union Minister of State for Finance S S Palanimanickam and State Ministers participated in the function. UNI
6/24/2008
http://www.indlawnews.com

STATUS REPORT ON CASES CONCERNING AUROBINDO ASHRAM

AUROBINDO ASHRAM UNDER SCANNER

We live in days when Right to Information Act is passed, thanks to all those who fought for it to become a reality. Aurobindo Ashram Trust had all these days expelled people who raised their voices from within. Using food as weapon to subjugate inmates was shamelessly practiced by the Trustees headed by Mr.Manoj Das Gupta. All institutions and religions had faced internal problems, that had been dealt by punishing those who erred or by eliminating the misdeeds and doers. Only here ego makes Mr.Manoj Das Gupta shield all wrong happenings within. The list of cases given below should help the activists fighting under Right to Information Act, to cleanse the system.

Mr.Shyamsundar Jhunjhunwala, Editor of Aurobindo Action, octogenarian and famous among Aurovillians, and me joined hands in nineties to see that a hundred year and more old Distillery situated in Pondicherry beach which was drawing more than 2 lakh litres of ground water, shifted from beach to a inland location. Supreme Court Advocate Sanjay Parikh got us success in Supreme Court. But politicians were not willing to comply. It was made an election issue in 1996, and the new Government shifted the distillery. This contact made many from within Ashram approach me for guidance when they formed associations to air their grievances from within. If complaints like peadophilia and sexual harassment had been dealt with iron hands instead of shielding culprits, so much dirty linen about Ashram would not have been washed in public.The arrogance of the trustees is the root cause of all that goes wrong, only time will give them the average consciousness of a human being in a civilized society, to see wrong as wrong and to weed out weeds, not those who point out the wrong happenings.

N.Nandhivarman, General Secretary Dravida Peravai]


LIST OF CASES AGAINST AUROBINDO ASHRAM TRUST MANAGEMENT & OTHER CONNECTED MATTERS AS ON 21. 06. 2008


1.1985 C.C. No. 4 of 1985 Pondicherry CID of Police vs. Sonali Mukherjee & Ashatit Poddar. CJM, Pondicherry Punishment under Sec. 324 and 309 of IPC for causing injuries and attempt to commit suicide.
Accused pleaded guilty and released on payment of fine amount.

2.1986 S.C. No. 34 of 1986 S. Bhattacharya Vs. Sonali Mukherjee & Ashatit Poddar Dist Sessions Judge Court,Pondicherry Murder committed by Inmate.
Presently holding important Position in the Ashram Management.
Pending in S.C.


3.1988 Crl. A. No. 502 of 1988 Sonali Mukherjee vs. S. Bhattacharya
Madras High Court Punishment under IPC for Murder committed by Inmate.
Pending in SC.

4. 1988 Crl. A. No. 509 of 1988 Ashatit Poddar vs. Bhattacharya
Madras High Court Punishment under IPC for Murder committed by Inmate.
Pending in SC.

5.1994 Tax Case No. 734 of 1994 The Commissioner of Income Tax vs. Sri Aurobindo Memorial Fund High Court: Madras Tax evasion in the name of charity
Disposed.

6.1996 C.S No. 1725 of 1996 SAAT Vs. Institute doe Researche Evolutive and
others Madras High Court Copyright
Compromised.

7.1996 F.A. No. 570 of 1996 Sri Aurobindo Ashram vs. Jean Valentine Helene
Madras High Court Appeal on Dining Room Partition Suit
Compromised.

8.1996 Cr.No. 316 of 1996 State rep by SHO, Kottakuppam vs. Kake Johar
& Pradip Lal Kottakuppam P.S, Tamil Nadu Punishment under IPC for House breaking, Forcible dispossession and theft.
Closed.

9.1996 O.S. No. 1987 of 1996 Kuntala Rout vs. HCP, Managing Trustee I ADM, Pondicherry Food and facilities denied. Arbitrary expulsion of inmate.
Dismissed.



10.1997C.C. No. 117 of 1997 Bailochan Parida vs. Subrato Gupta CJM, Pondicherry Punishment under IPC for Criminal intimidation, threat to life and Trespass committed against an inmate by person close to Ashram Management.
Compromised.

11.1997 Cr. No. 64 of 1997 Odian Salai Police Station, Pondicherry SHO rep. by Odian Salaai P.S., Pondy Vs. Vasant Kumar Pati CJM, Pondicherry Punishment under IPC for Forgery and impersonation & Money Swindling Rs. 45/- Lakhs.. By an Inmate close to Ashram Management.
Case Closed without trial. Accused discharged.

12.1997 O.P. No. 22 of 1997 N. Nandhivarman vs. SAAT & Trustees
PDJ, Pondicherry Furnishing of Audited statement of Assets and properties and accounts.
After 4 lawyers engaged backtracked petitioner gave up unable to spend more after exhausting nearly 8 years
:Dismissed.

13.1997 O.S No. 91 of 1997 Bailochan Parida vs. SAAT & Trustees III ADM,
Pondicherry Arbitrary expulsion and denial of Food and facilities.
Withdrawn by Plaintiff.

14.1997 O.S. No. 12 of 1997 Inmates’ Assn vs. Registrar of Companies, Saat and others III ADM, Pondicherry Arbitrary expulsion and denial of Food and facilities. Dismissed.

15.1997 O.S. No. 89 of 1997 S Jivarajani vs. SAAT &Trustees III ADM,
Pondicherry Arbitrary expulsion and denial of Food and facilities.
Dismissed.

16.1997O.S. No. 90 of 1997 D. Agarwal vs. SAAT &TrusteesIII ADM, Court,
Pondicherry
Arbitrary expulsion and denial of food and facilities.
Dismissed.

17.1997 O.S.No. 89 of 1997 Kamal Dora vs. SAAT& Trustees III ADM,
Pondicherry Arbitrary expulsion and denial of Food and facilities.
Dismissed

18.1997Scheme Suit -Not numbered filed in 1997 N. Nandhivarman vs. SAAT
& Trustees PDJ, Pondicherry Scheme Suit to frame rules and remove Trustees.
For nearly 8 years unnumbered case went on with lawyers engaged returning papers. Dismissed.



19.1998O.S. No. 287 of 1998 Banchanidhi vs. SAAT and others III ADM,
Pondicherry Arbitrary expulsion and denial of Food and facilities.
Dismissed.

20.1998 O.S. No. 37 of 1998 Kamal Dora vs. SAAT and the another III ADM,
Pondicherry Arbitrary expulsion and denial of Food and facilities.
Dismissed

21.1998 Civil Rule No. 113(SH) of 1998 The Holy Mother of Aurobindo Ashram of Pondicherry vs. State of Meghalaya and ors. HIGH COURT OF GAUHATI (SHILLONG BENCH)
Renewal of Land Lease.
Allowed.
MOTHER WHO WAS NOT ALIVE FILED A SUIT AND WON THEREBY CREATING A LANDMARK PRECEDENT.

22.1999 C- 2598 of 1999Anil Ghosh Vs. Manoj das Gupta & 9 others.CJM, Alipore,
Calcutta Punishment under IPC offences for Forgery, Cheating and conspiracy by Trustees & others.
Charges framed against Accused.

23.1999 CRR No. 1966 of 1999 HCP & others Vs. Anil Ghosh Calcutta High Court Forgery, cheating and Conspiracy by Trustees & others.
Dismissed

24.1999 O.S. No. 57 of 1999 SAA Inmates’ Assn. Vs.SAAT and others III ADM,
Pondicherry Suit for production of Accounts.
Dismissed

25.1999 S.C. No. 61 of 1999 State rep. by Inspector of Police Grand Bazaar P.S Vs. Kamal Shah and others Dist. Sessions Judge, Pondicherry
Rape & Murder committed by Inmate close to Ashram Management.
The brother of the accused is also accused is absconding.
Life imprisonment for A-1.


26.1999 Title Suit No. 117 of 1999 M. Guha Vs. SAAT & Trustees Munsif Court, Krishnanagar, Bengal Tampering of Aurobindo`s works-Savitri by Trustees & others
Dismissed.


No. 467 of 1999 S. Roy vs. SAAT Calcutta High Court
PIL for removal of Trustees
Dismissed

28.2000 Tax Case No. 127 of 2000 The Commissioner of Income Tax vs. Sri Aurobindo Memorial Fund High Court of Madras
Tax evasion in the name of charity
Disposed.

29.2000 C.C. No. 338 of 2000 Murugavel vs. RK Selvarajan
SDM, Pondicherry Punishment under IPC for Criminal Defamation. Accused acquitted.

30.2000 C.M.A. No. 7 of 2000 SAAT vs. Kamal Dora PDJ, Pondicherry
Arbitrary expulsion and denial of food and facilities.
Closed.

31.2000 Crl. O.P No. 23831 of 2000 R.K. Selvarajan vs. IGP, Pondicherry
Madras High Court
Punishment under IPC for Forgery, impersonation and cheating
Directions to IGP given to REGISTER MAIL Complaint.

32.2000 HRCOP No. 95of 2000R.K.S Vs SAATPDM, Pondicherry
Forgery, impersonation and cheating
Pending.

33.2000 I.A. No. 270 of 2000 SAA Inmates’ Assn. Vs SAAT and others PDJ, Pondicherry Appeal for production of accounts.
Dismissed.

34.2000 O.S. No. 338 of 2000 SMV vs. RKS (SAAT Property)
ASJ, Pondicherry Defamation Suit
Dismissed.

35.2000 Tax Case No. 28 of 2000 Sri Aurobindo Ashram Harpagon Workshop Trust vs. Asst. Commissioner of IT High Court of Madras
Cases filed challenging Income Tax.
Disposed.

36.2000 Tax Case No. 266 of 2000 Sri Aurobindo Ashram Harpagon Workshop Trust vs. Asst. Commissioner of IT High Court of Madras
Cases filed challenging Income Tax.
Disposed.


37.2000 Tax Case No. 270 of 2000 Sri Aurobindo Ashram Harpagon Workshop Trust vs. Asst. Commissioner of IT
High Court: Madras
Cases filed challenging Income Tax.
Disposed.

38.2001 CRP No. 2230 of 2001SAAT & others Vs. Jayasree Prasad and others High Court of Madras
Disciplinary.
Disposed.

39.2001 CRP No. 2534 of 2001Jayashree Prasad & others Vs. SAAT & others High Court: Madras Challenging Disciplinary action.
Disposed.

40.2001O.S. No. 215 of 2001 Hemlata vs. SAAT & others I ADM, Pondicherry Challenging Expulsion
Closed.

41.2001 C.C. NO. 610 of 2001 Inmates Assn. vs. SAAT & others JMI, Pondicherry Punishment under IPC for Cheating
Complaint Dismissed

42.2001 Cr.R.P.No. 1 of 2001 R.K. Selvarajan Vs.S.Murugavel
Addl. Sessions Judge, Pondicherry Discharge on Crl.
Defamation on Property Scam reported in Media.
Discharge Revision
Dismissed.

43. 2001 Appeal (Crl.). No. 2799 of 2001 Union Territory of Pondicherry Vs. Sonal Mukherjee and others Supreme Court of India
Petition(s) for Special Leave to Appeal (Crl.) No. 2799-2800/2001 (From the judgment and order dated 22/09/2000 in CRLA 502/88 and 509/88 of
The HIGH COURT OF MADRAS)
Disposed.

44.2001 Appeal(Crl.).No. 2800 of 2001Union Territory of Pondicherry Vs. Sonal Mukherjee and others Supreme Court of India Petition(s) for Special Leave to Appeal (Crl.) No. 2799-2800/2001 (From the judgment and order dated 22/09/2000 in CRLA 502/88 and 509/88 of The HIGH COURT OF MADRAS)
Disposed


45.2001 Crl. appeal No. 673 of 2001
Sonali Mukherjee vs. Bhattacharya S.
Supreme Court of India
Punishment under IPC for Murder committed by Inmate.
Pending.
[To be taken up soon, SC journalists please track this case… N.N]

46.2001 Crl.O.P.NO. 16790 of 2001 R.K. Selvarajan Vs.
S.Murugavel Madras High Court
Discharge on Crl.Defamation on Property Scam reported in Media Discharge
Revision Dismissed.

47.2001 CRP No. 195 of 2001 SAAT & another vs. Kamal
Dora Madras High Court
Arbitrary expulsion and denial of Food and Facilities.
Allowed.

48.2001Misc. Appeal No. 20 of 2001M. Guha vs. SAAT & Trustees IV ADJ, Nadia
Tampering of Aurobindo’sWorks
Dismissed

49.2001 O.S. No. 253 of 2001 Jayshree & others Vs. SAAT & others
I ADM, Pondicherry Suit challenging Show Cause Notice.
Dismissed on 09.03.2007.

50.2001 O.S. No. 769 of 2001 Srikant J vs. SAAT &
Others II ADM, Pondicherry Criminal Defamation
Acquitted.

51.2001 OS NO. 298 of 2001 RK Selvarajan vs. SAAT PDM, Pondicherry
To declare the shady deal as null and void.
Pending.

52.2001 STR No. 864 of 2001 Hemlata vs. HCP and others JMI, Pondicherry Criminal Defamation
Acquitted

53.2001 Suit No. 985 of 2001 Debkumar Ghosh vs. SAAT & others Delhi High Court
Copyright Suit
Pending.

54.2001 T. No. 581 of 2001Mandeep Mishra and others Vs. Union of India, SAAT
& Trustees Calcutta High Court
PIL on the ground of Tampering Aurobindo’s Works
Pending.
55.2002 CRP PD No. 1050 of 2002 SAAT & others Vs. Jayasree Prasad & others High Court: Madras
Disciplinary.

56.2002 CRP PD 787 of 2002 SAAT & others Vs. Hemalata High Court of Madras Enquiry Commission.
Disposed.

57.2002 CMA NO. 1 of 2002 SAAT & others Vs. Srikanth PDJ, Pondicherry
Appeal on mandatory injunction of implementing MOU passed by II ADM. Allowed.

58.2002 Cr Appeal No. 836 of 2002 Bhattacharya S. vs. Sonali Mukherjee & State
Rep. by Pondicherry police. Supreme Court of India
Punishment under IPC for Murder committed by Inmate.
Pending.

59.2002 Crl. Appeal No. 835 of 2002 Bhattacharya. S. Vs. Asthatit Poddar
Supreme Court of India
Punishment under IPC for Murder committed by Inmate.
Pending.

60.2002 CRR. NO. 2731 of 2002 MDG & others Vs. Anil Ghosh Calcutta High
Court Forgery, Cheating and Conspiracy
Allowed.

61.2002 O.S. N. 668 of 2002 Hemlata vs. SAAT & others I ADM,
Pondicherry
Arbitrary expulsion and denial of food and facilities.
Pending.

62. 2002 W.P. No. 40514 of 2002 E. Dakshnamourthy Vs SAAT &
Others Madras High Court PIL for removal of Trustees
Pending.


63.2003 C.O. No. 2915 of 2003 Marjana Guha vs. SAAT and
Others Calcutta High Court Tampering Aurobindo’s Works
Dismissed.

64.2003 O.S. NO. 663 of 2003 Bailochan Parida vs. SAAT and
Others I ADM, Pondicherry
Pending.

65.2003 STR. No. 248 of 2003 State Rep. by SHO Grand Bazaar P.S. vs. Sunil Rajpal CJM, Pondicherry
Trespass & wrongful restraint by Ashram Vasant close to Management.
Accused Acquitted.

66.2003 TOP NO. 11/2003 R.K. Selvarajan vs. SAAT & another PDJ, Pondicherry Transfer in House Grabbing
Closed.

67.2004 C.C. No. 173 of 2004 PP Raghavachary vs. Manoj Das Gupta and 9 others. CMJ, Pondicherry
Punishment under IPC for House Breaking & Forcible Dispossession of inmate by Trustees & their henchmen.
Accused Discharged.

68. 2004 C.M.A. No. 18 of 2004 Patit Paban Ghosh Vs SAAT
And others ASJ, Pondicherry
Arbitrary expulsion and denial of food and facilities.
Pending.

69.2004 C.M.A. No. 23 of 2004 SAAT and others Vs. Raghavachary
ASJ, Pondicherry
Arbitrary denial of Food and facilities and harassment
CMA filed by SAAT & Trustees dismissed on 30.01.2007.

70. 2004 C.R.P. (PD) No. 860 of 2004 SAAT & others VS.
Bailochan Parida Madras High Court
Arbitrary expulsion and denial of Food and facilities.
Remanded to Lower Court.

71.2004 C.R.P. P.D NO 2369 of 2004 SrikanthVs SAAT and
Others Madras High Court
Mandatory Injunction of implementing MOU.
Dismissed.

72.2004 Crime No. 28 of 2004 CB-CID, Tamilnadu, Chennai CB CID, T.N. Police Vs.
Vasant Pati JM, Chennai
Medical Seat cheating by rowdy close to Management.
Pending.

73.2004 Crl. M.P. No 1301 of 2004 in Crime No. 2 of 2003 by CID Police,
Pondicherry Manoj Das Gupta vs. State Rep. be CID Police, Pondicherry
PDJ, Pondicherry
Anticipatory Bail by Ashram Managing Trustee in a property scam.
Enlarged on Bail.

74.2004 Crl. R.C. No. 653 of 2004 SAA Inmates’ Association
Vs. Manoj Das Gupta and others Madras High Court
Punishment under IPC Cheating by Trustees
Pending.

75. 2004 CRP N.P.D. No. 2641 of 2004 Kamal Dora vs. SAAT and
Another Madras High Court
Challenging abatement of Suit
Dissmissed.

76. 2004 O.S. No. 156 of 2004 PP Raghavachary vs. SAAT and others PDM, Pondicherry
Forcible Dispossession of inmate by Trustees.
Pending.

77.2004 O.S. NO. 478 of 2004 Patit Paban Ghosh Vs.SAAT and others III ADM,
Pondicherry Arbitrary expulsion and denial of food and facilities.
Pending.

78. 2004 Professional Conduct Complaint No. 59 of 2004 SAAT rep. by Dr. Dilip Datta vs. PP Raghavachary TN. Bar Council
Complaint made by SAAT with the allegations of divulging of information.
Complaint dropped as no prima facie case was made out.

79. 2004 S.L.P. No. 3919 of 2004 Anil Ghosh vs. MDG and 9 others
Supreme Court of India
Tampering Aurobindo’s works
Pending.

80.2004 STR No. 379/05 Crime No. 314 of 2004Villanur P.S. Vs.
Kasinath.JMI, Pondicherry
Criminal Assault committed by inmate close to Management,
On a woman worker
Acquitted

81. 2004 STR No. 7919 of 2004 in Crime No. 213 of 2004 Muthiyalpet P.S. VsJM I I, Pondicherry
Sexual Harassment committed by inmates close to Management.
Accused discharged.


82. 2005 C.C. No. 170 of 2005 in Crime No. 2 of 2003 by CID Police, Pondicherry CID Police, Pondicherry, Vs. S.Murugavel and others CJM, Pondicherry Punishment under IPC for offences of forgery, cheating, impersonation and Criminal Conspiracy and acquisition of Property by Ashram Management by
Fraud.
Pending.

83. 2005 C.C. No. 233 of 2005 in Crime No. 202 of 2005 (Odiansalai P.S.) Odian Slai P.S vs. Vasant Pati CJM, Pondicherry
Punishment under IPC for Criminal Trespass & Threat to life (506(2)) Accused Acquitted.

84. 2005 C.R.P. (PD) NO. 1628 of 2005 S. Murugavel vs. RKS & SAAT Madras High Court Revision on the ground of under valuation of Suit.
Dismissed on 27.10.2006

85.2005 CMA No. 7 of 2005 SAAT and 5 others Vs. Hemlata ASJ Pondicherry Appeal on denial of food, shelter and facilities.
CMA filed by SAAT & Trustees dismissed on 30.01.2007.

86.2005 CMA No. 35 of 2005 Jayasree & others Vs.SAAT and others ASJ, Pondicherry. Arbitrary expulsion and denial of Food and Facilities.
CMA filed by SAAT & Trustees dismissed on 30.01.2007.

87.2005 Crl. Appeal No. 477 of 2005 Hemlata vs. Veda Praksh Johar & others
Madras High Court Defamation of a Woman inmate.
Pending.

88.2005 Crl.O.P. 16626 of 2005 Hemlata vs. Veda Praksh Johar & others Madras High Court Defamation of a woman inmate.
Disposed.

89.2005 Crl. R.C. No. 1601 of 2005 PP Raghavachary vs. Manoj das Gupta and 8 others High Court, Madras
Punishment under IPC for House Breaking, theft and Threat to life.
Pending.

90.2005 I.A. No. 21 of 2005 in UN. – Numbered As No. of 2005Kamal Dora vs. SAAT PSJ, Pondicherry
Arbitrary expulsion and denial of Food and facilities
Pending.

91.2005 O.S. No. 409 of 2005 Jayashree P & 4 others Vs. SAAT & 5 others I ADM, Pondicherry
Arbitrary expulsion and denial of food and facilities.
Pending.

92.2005 SLP NO. 11463 -11464 /2005 Srikant vs. SAAT & 4
Others Supreme Court of India
Injunction.
Dismissed.

93.2005 STR NO. 4900 of 2005 Crime No. 31 of 2005 (Muthialper P.S) Muthialpet P.S. vs. Vasant Pati & Rajnish Rai JM-I I, Pondicherry
Criminal Trespass & Violence
Pending.

94. 2005 TCMP No. 267 of 2005 Sri Aurobindo Ashram Harpagon Workshop vs. Asst. Commissioner of IT High Court: Madras
Petition on the objections raised by the Income Tax Department.
Disposed.

95.2005 TCMP No. 268 of 2005 Sri Aurobindo Ashram Harpagon Workshop vs. Asst. Commissioner of IT High Court: Madras
Petition on the objections raised by the Income Tax Department.
Disposed.

96.2005 TCMP No. 269 of 2005 Sri Aurobindo Ashram Harpagon Workshop vs. Asst. Commissioner of IT High Court: Madras
Petition on the objections raised by the Income Tax Department.
Disposed.

97.2005 CRP No. 2272 of 2005 Mayura Malliah vs. SAAT High Court: Madras Fixation of Fair Rent
Disposed.

98.2006 C.C. No 16/2006 (Crime No. 297/05, Grand Bazaar P.S) Grand Bazaar P.S. Vs.
Vasant Pati & Nirmal Swain CJM, Pondicherry
Punishment under IPC for witness tampering, criminal intimidation and Wrongful Restraint
Pending.

99. 2006 Crime No. 1 of 2006 by Orleanpet P.S. SHO, Orleanpet P.S. Vs.
Bimal, Jithu and Jeyabal Chief Judicial Magistrate
Crime under Protection of Civil Rights Act.
Pending investigation

100.2006 Crime No. 164/2006 SHO, Grand Bazar PS
Attempt to Trespass & House Breaking
Pending Investigation

101.2006 CC. No. 411/2007 in Crime No. 85/2006 (Muthialpet P.S.) SHO Muthialper P.S. vs. Bimal & 3 others JM I I, Pondicherry
Fraud, Forgery, Cheating, & Impersonation by Ashram inmates close to Management.
Pending Investigation.

102.2006 Crl. O.P 13433 of 2006 Nivedita Rout Vs. SI of Police, Muthialpet,
Pondicherry Madras High Court
Punishment for committing Forgery, Cheating & Conspiracy
Pending

103. 2006 Crl. O.P. 24421 of 2006 Devbrat Das vs. SHO, Muthialpet, P.S.,
Pondicherry & others Madras High Court
Transfer of the Session case from Pondicherry Court to any other Court in
Tamilnadu.
Pending.

104.2006 Revision Petition No. 3 of 2006 against Orders in Professional Conduct Complaint No. 59 of 2004 SAAT rep. by Dr. Dilip Datta vs. PP Raghavachary Bar Council of India
Revision preferred by SAAT to set aside TNBC Order dated 06.08.2005.
Revision Petition Allowed.
Stayed by BCI in the Review Petition filed by PP Raghavachary.

105.2006 O.S. No. 1371 of 2006 Vasant Pati vs. SAAT and another III ADM, Pondicherry
Suit for a permanent injunction
Decreed on 18.04.2007.

106. 2006 Crl. R.C. No. 582 of 2006 Ramnath Patnaik Vs M.Anbazhagan Madras High Court Punishment under IPC for Breach of Peace & Tranquility.
Pending.

107.2006 Crl.R.C. No. 280 of 2006 S.Murugavel Vs Inspector of
Police (CID), Poncicherry Madras High Court
Discharge of the accused.
Dismissed.

108. 2006 M.C. No. 421 of 2006 U/s 145 Cr.P.C.A-PARTY
M.Anbazhagan, B-PARTY Gayadhar Ramnath & 5
Others SDM, Pondicherry
Criminal Breach of Peace and Public tranquility
Pending.


109.2006 O.S. No. 533 of 2006 Nivedita Rout Vs
Abvazhagan I ADM, Pondicherry
Injunction involving Ashram inmates
Pending

110.2006 O.S. No. 534 of 2006 P.C. Rout Vs. Anbazhagan I I ADM,
Pondicherry
Injunction involving Ashram inmates
Pending.

111.2006 O.S. No. 566 of 2006 Heritage Builds. Vs Bimal &
Others I I I ADM, Pondicherry
Injunction involving Ashram inmates
Pending.

112.2006 O.S. No. 583 of 2006 Gayadhar Dash Vs Heritage I I I
ADM, Pondicherry Injunction involving Ashram inmates
Pending.

113.2006 O.S. No. 584 of 2006 Ramanth Patnaik. Vs Heritage Builders & another I I I
ADM, Pondicherry Injunction involving Ashram inmates
Pending.

114.2006 Review Petition (Criminal) No. 75 of 2006 Anil Ghosh Vs. Manoj Das
Gupta & 9 others Supreme Court of India
Tampering of Aurobindo’s Works
Dismissed.

115.2006 S.L.P No 4830 of 2006 S.Murugavel vs. Inspector of Police CID, Pondicherry Supreme Court of India
For discharging the Accused Person
Dismissed.

116.2006 SC. No. 30/2006 in FIR- Crime No. of 61/2004
(Muthial Pet P.S.) Muthialpet P.S. vs. Rani, & 7 others. ASJ, Pondicherry
Suicide leaving a death note
Pending.

117.2006 CRP PD 841 of 2006 Nibedita Rout vs. Anbazhagan High Court: Madras Apartment Cheating case.
Pending.

118.2007 CRP No. 255 of 2007 T. Mayura Malliah vs. SAAT High Court: Madras – Pending
.
119.2007 Crl. O.P. No. 2879 of 2007 PP Raghavachary Vs. State rep. by SHO, Grand Bazar P.S., Pondicherry & 2 Others High Court, Madras Transfer of Crl. Case from Pondicherry Court to any other Court in Tamilnadu.
Dismissed on 06.02.2007.

120. 2007 Criminal Review Petition No. 29 of 2007 S. Murugavel vs. Inspector
Of Police CID, Pondicherry Supreme Court of India
For Discharging the Accused Person
Dismissed on 30.10.2007.

121.2007 8/341/2007/NCW/SS/NK Devaki Rout vs. Dr.Dilip Kumar Datta National Commission for Women
Sexual Harassment by Dr. Datta, Executive Trustee of Ashram Trust
Pending.

122.2007 SLP (Civil) No. 2223/2007 S. Murugavel vs. RKS & SAAT
Supreme Court of India
Challenging the Stamp duty of a property in a scam.
Pending

123.2007 O.S. No. 201 of 2007 Harekrishna Das vs. SAAT & 6 others, Puducherry Arbitrary expulsion and denial of food and facilities.
Pending.

124.2007 SLP (Criminal) 1967/2007 PP Raghavachary vs. SHO Grand Bazar P.S. & 2 others Supreme Court of India
Transfer Criminal Case CC No. 16/2006 on the file of CJM, Pondicherry to any court in Tamilnadu
Disposed.

125.2007 SLP(C) No. 3217 of 2007 (DN 8988/2007 Kamal Dora vs. SAAT Supreme Court of India
Challenging abatement of suit.
Withdrawn.

126.2007 C.M.A. No.10 of 2007 Harekrishna Das vs. SAAT & others
Addl. Sub. Court, Pondicherry
Arbitrary expulsion and denial of food and facilities.
Pending.

127.2007 C.R.P. NPD No. 1239 of 2007 Kamal Dora vs. SAAT High Court: Madras Fraud on Court, wrongful dismissal of suit denial of food etc.
Dismissed.

128.2007 Review Petition No. 3 of 2007 against Orders in Rev. Pet. No. 3/2006 by BCI PP Raghavachary Vs. SAAT rep. by Dr. Dilip Datta Bar Council of India Review preferred by PP Raghavachary to set aside BCI Order dated 20.01.2007. Disciplinary proceedings Stayed by BCI on 02.02.2008.

129.2007 C.No.9211 (14)/CIT/PDY/2007-08 RTI Application filed by PP Raghavachary C IT, Pondicherry For furnishing of information of Accounts of SAAT Application allowed but information not furnished.

130.2007 C.No.9211 (15)/CIT/PDY/2007-08 RTI Application filed by PP Raghavachary C IT, Pondicherry for furnishing of information of Accounts of SA Udyog Trust.
Application Rejected.

131.2007 F.No. H.Q. 27A (2)/2007-08 RTI- First Appeal by SAAT. CCIT-VI CHENNAI Appeal against furnishing of information of Accounts of SA Ashram Trust. No orders passed within the statutory period of 45 days.

132.2007 F.No. H.Q. 27A(1)/2007-08 RTI- First Appeal by PP Raghavachary CCIT-VI CHENNAI For furnishing of information of Accounts of SA Udyog Trust.
No orders passed within the statutory period of 45 days.

133.2008 CIC/PB/A/2008/00016 RTI- Second Appeal by PP Raghavachary CIC, New Delhi For furnishing of information of Accounts of SA Ashram Trust. Pending.

134.2008 CIC/PB/A/2008/00015 RTI- Second Appeal by PP Raghavachary CIC- New Delhi For furnishing of information of Accounts of SA Udyog Trust.
Pending.

135.2007 AS No. 20/07 SAAT vs. Vasant Kumar Pati Prl. Sub Judge, Puducherry Challenging the Suit for a permanent injunction
Pending.

136.2007 AS No. 24/07 Jayashree Prasad vs. SAAT & 5 others Prl. Sub. Judge, Pondicherry Appeal against the dismissal of suit challenging show-cause notice. Pending.

137.2007 TOP No. 85/07 Jayashree Prasad vs. SAAT & 5 others. PDJ, Pondicherry Transfer of connected suits to any one of the Munsif Courts.
Pending.
138.2007 CRP (PD) No. 3037/07 SAAT vs. Hemlata High Court: Madras Denial of Food and basic needs of inmates.
Pending.

139.2007 CRP (PD) No. 3314/07 SAAT vs. Jayashree P & 4 others. High Court: Madras Denial of Food and basic needs of inmates.
Disposed off.

140.2008 Crime No. 18/2008 SHO, Muthialpet Vs.Bailochan Parida SDM, Pondicherry Breach of Peace u/s 107 of Cr.P.C.
Closed.

141.2008 Crime No. 21/2008 SHO, Muthialpet Vs.Bailochan Parida & 2 others. Judicial Magistrate II, Pondicherry Sec. 294, &323 of IPC
Pending investigation.

142. 2008 Crime No. 22/2008 SHO, Muthialpet Vs.Mousumi Ghosh Judicial Magistrate II, Pondicherry Sec. 294, &323 of IPC
Pending investigation.

143.2008 HRCOP. No. 10 of 2008 Dilip Ghosh Dastidar vs. Bailochan Parida PDM, Pondicherry
Restoration of Electricity.
Pending.

144.2008\O.S. No. 94/2008 Dilip Ghosh Dastidar vs. Bailochan Parida I ADM, Pondicherry
Suit for injunction.
Pending.

145.2008\Special Leave to Appeal (Civil) No(s).2883/2008 Kamal Dora vs. SAAT Supreme Court of India\Expulsion & Denial of Food and basic needs of inmates. Dismissed.

146.2008 CRP (PD) No. 1432 of 2008\SAAT & 5 others Vs. PP Raghavachary
High Court: of Madras
Denial of Food and basic needs of inmates.
Pending.

147.\ 2008 CMA No. 10 of 2008 Srikant J vs. SAAT & 5 others Prl. Sub Judge
Pondicherry Breach of MOU-Injunction restraining appointment of a new Trustee Pending.

148.2008/T.O.P. No. 85 of 2007\Jayashree Prasad & 5 others Vs. SAAT & others Prl. District Judge at Pondicherry Transfer of Suits
Pending.
149.2008\TC No. 153/2008\SAA vs. Dy Commissioner of Income Tax
High Court of Madras Tax matter.
Pending

150.2008TC No. 154/2008 SAAT vs. Dy Commissioner of Income Tax
High Court of Madras
Tax matter. Pending

151.2008TC No. 155/2008 SAAT vs. Dy Commissioner of Income Tax High Court:
Madras Tax matter.
Pending

152.2008TC No. 156/2008 SAAT vs. Dy Commissioner of Income Tax
High Court: Madras
Tax matter. Pending

153.2008 TC No. 157/2008 SAA vs. Dy Commissioner of Income Tax High Court:
Madras Tax matter. Pending

154. 2008 TC No. 158/2008 SAA vs. Dy Commissioner of Income Tax High Court:
Madras Tax matter. Pending

155. 2008 TC No. 159/2008 SAA vs. Dy Commissioner of Income Tax High Court: Madras Tax matter. Pending

156.2008 TC No. 160/2008 SAA vs. Dy Commissioner of Income Tax High Court:
Madras
Tax matter. Pending

157.2008TC No. 161/2008SAA vs. Dy Commissioner of Income Tax High Court:
Madras
Tax matter. Pending

158.2008 TC No. 161/2008 SAA vs. Dy Commissioner of Income Tax High Court:
Madras Tax matter. Pending

159.2008TC No. 162/2008 SAA vs. Dy Commissioner of Income Tax High Court: Madras Tax matter. Pending

160.2008TC No. 163/2008 SAA vs. Dy Commissioner of Income Tax High Court:
Madras Tax matter. Pending

161.2008 TC No. 164/2008 SAA vs. Dy Commissioner of Income Tax High Court:
Madras Tax matter. Pending

162.2008 O.S. No. 1555/2008 Sri Aurobindo Udyog Trust vs. Sri Aurobindo Ashram Press Employees Union affiliated to INTUC & others PDM,
Pondicherry
Injunction against Worker’s Agitation Pending

By nandhivarman
24 Jun 08

SC ruling on Section 138 of Negotiable Instruments Act

The Supreme Court has ruled that criminal proceedings for issuing a cheque without sufficient balance in the account would be valid only if it is drawn for discharging a debt or liability. If it is issued to satisfy the terms of a compromise or settlement, Section 138 of the Negotiable Instruments Act could not be used to proceed against the drawer of the cheque.
The court stated so in the case, Lalit Kumar vs State of Uttar Pradesh. Earlier, two cheques were issued by the directors of a company and they were prosecuted. Meanwhile, there was a settlement under which Rs 5 lakh was to be paid to the creditor. However, this cheque also bounced, leading to another prosecution.
The Allahabad High Court rejected their plea to quash the proceedings. But on appeal, the Supreme Court stated that the latter cheque was issued in terms of a compromise agreement and not to satisfy any debt or payment due. Therefore, the second instance would not invite prosecution under Section 138. The high court judgment was set aside.
allows appeal of Oriental Insurance Co Ltd: SC
The Supreme Court has allowed the appeal of Oriental Insurance Co Ltd and ruled that a pillion rider in a two-wheeler could not be treated as a third party when an accident has taken place owing to the rash and negligent riding of the scooter and not on the part of the driver of another vehicle.
The Kerala high court had held the insurer liable to pay compensation for the death of a woman who was riding pillion when the accident took place. On the appeal of the company, the Supreme Court set aside the high court judgment. It said that the liability of the insurer does not extend to a pillion rider unless the requisite amount of premium is paid for covering the extra risk.
CESTAT asked to re-examine micronutrient compound issue
The Supreme Court has asked Customs, Excise and Service Tax Tribunal (CESTAT) to reconsider whether micronutrient compounds are chemical products belonging to the ‘plant growth regulator' category for excise purpose or whether it is a fertiliser. If it is a fertiliser, it would get excise benefit.
This issue arose in the appeal of the Commissioner of Central Excise against the order of the CESTAT, which ruled that the micronutrients produced by Karnataka Agro Chemicals are fertilisers. The excise department issued show cause notice to the company alleging that it had misdeclared that its product contained nitrogen and thus cleared it without paying the duty.
It cited chemical reports to allege that the compound produced by the company did not contain the main elements of fertilisers. The company stated that its product contained 0.31 per cent nitrogen to make it a fertiliser. The Supreme Court stated that the issue was whether such a quantity would make the product fertiliser. It asked CESTAT to re-examine the issue.
'Brimstone 90' is a fertiliser: SC
The Supreme Court has set aside the ruling of the Customs, Excise and Service Tax Tribunal and ruled in the case, Deepak Agro Solution Ltd vs Commissioner of Customs, that ‘Brimstone 90' imported by the company was in the nature of a fertiliser used for improving the quality of the farm and not insecticide or pesticide as maintained by the revenue customs authorities. Since it is a fertiliser, it would get the benefit of Customs duty.
MRTPC dismisses petition against Campa Beverage Ltd
The Monopolies and Restrictive Trade Practices Commission has dismissed the petition of Alankar Bottling Co alleging unfair and restrictive trade practices against Campa Beverage Ltd. Alankar had entered into a contract for bottling soft drinks for five years.
Though it was not renewed, the arrangement continued for many years. Then it was terminated by Campa. Then Alankar moved the commission alleging restrictive trade practices due to which it suffered losses. The commission dismissed the petition as it could not examine the terms of the contract. Campa could terminate the arrangement as it had to maintain the quality of its product.
LEGAL DIGEST BS Repoter / New Delhi June 23, 2008, 0:32 IST

Sahara Saher: Sahara, UP Govt file contempt pleas in SC

New Delhi, June 24 (PTI) The fight between Uttar Pradesh government and Sahara on demolition of commercial complex Sahara Saher reached the Supreme Court for the second time in a week today, with both sides alleging contempt of apex court by the other.Within hours of the Supreme Court ordering a status quo on the demolition matter yesterday, the two sides battled on the ground with each threatening to move the apex court and they accordingly did so one after another.While Sahara rushed to the court alleging that Lucknow Development Authority (LDA) had uprooted a temporary fence at Sahara Saher despite the status quo order, LDA justified its action saying the Subroto Roy Group company Sahara India Commercial Corporation Ltd had indulged in erection of a tin fencing in violation of the apex court direction.A bench headed by Justice Altamas Kabir said that it will hear both the contempt applications tomorrow.It had passed the status quo order yesterday on a petition filed by the state government challenging the Lucknow Bench of the Allahabad High Court's order that restrained LDA from demolishing Sahara Saher and also asked it to restore possession of land to the company.Sahara, which had mentioned the matter through senior counsel Kailash Vasudev, alleged that the civic body demolished the temporary tin fencing despite being intimated about the status quo order.He said that the entire exercise of demolition was carried in presence of top state officials.PTI
http://www.ptinews.com

SC judgement on forest land to accelerate development in Kandi areas of Punjab

CHANDIGARH: The Punjab Government today secured a major relief from the Supreme Court of India as Court exempted scheduled developments works being carried out by diversion of forest land from the payment of Net Present Value (NPV).
Disclosing this here Wednesday Tikshan Sud, Forest Minister said that Punjab along with other states was pleading the Apex Court that the payment of Net Present Value be exempted for community development works to be carried out by diversion of forest land. The State government had forcefully pleaded that user agency that is mostly government, should be exempted from the payment of NPV as these works were carried out for the providing facilities to the public at large. The Minister informed that accepting the plea of the government Supreme Court has exempted public works such as schools, hospitals, children play grounds of non- commercial nature and the public welfare projects such as community Centres in rural areas that require forest land upto two hectares from the payment of NPV. The Minister said that rural infrastructure and basic services such as the construction of the overhead tanks, village roads, the minor irrigation projects upto 10 hectares of storage area, municipal water supply projects, drinking water supply pipelines, housing for the rehabilitation of tribal, laying of the underground optical fiber cables, laying on pipelines for the underground transportation, district and rural roads, roads constructed by Defence in border areas, construction of the transmission lines have been also exempted from the payment of NPV. He said that Supreme Court has also exempted activities necessary for the ecological management, relocation of the villages from the sanctuaries and national park, regularization of pre-1980 eligible encroachers and shifting cultivation from the payment of NPV.It may be added that user bodies that is mostly government is required to pay Rs. 9.20 lac per hectare NPV along with compensatory forest payment for diversion of forest land for any project and with this judgment government would get a huge financial relief in executing development projects in
The Minister said that SAD-BJP Government was committed to usher in era of prosperity and development in the Kandi Area and this judgment of Supreme Court would accelerate development process for them.
Wednesday, 28 May 2008 Punjab Newsline Network
http://www.punjabnewsline.com

214 more seats for PG medical courses, admissions close on May 31

In addition to the 20 already cleared by MCI, MMC recognised institutes to have 194 extra seats
The state government on Wednesday informed the vacation bench of the Bombay High Court that 194 seats in Maharashtra Medical Council (MMC)-recognised institutes will be opened to students in addition to the 20 seats cleared by the Medical Council of India (MCI). This provides for 214 seats more in the PG medical courses, the admissions for which close on May 31. In a PIL filed by People’s Health Organisation, an NGO, the court’s attention was drawn towards the dwindling number of seats in the PG medical courses. The PIL urged the court to direct the state government to open the 242 seats in MMC recognised courses that were closed after the government issued a circular on April 4. Counsel for the petitioners, Sanjay Jain and Ajay Panicker, contended that 411 admissions have been granted in the PG courses and if the government withdraws in circular, more seats will be created. Assistant government pleader MD Naik told the court that the government was in a position to open 194 seats in MMC recognised colleges that were in the process of getting recognition from the MCI. The MCI had recognised 20 seats more after the grant on 411 admissions which will also be made available to the students now. Justice SC Dharmadhikari and Justice SS Shinde directed the state to issue a circular announcing the seats opened for admission and also making it clear that these are in institutes recognised by the MMC alone. An affidavit submitted by Dr DS Kulkarni, joint director of medical education and research, states that of 35 non-recognised courses, the MCI had already inspected 23 and is expected to finish inspecting another 12 by the end of June. Kulkarni also told the court that some seats may be returned to the state quota from the centre’s quota by June 8, thereby creating more seats for PG medical course aspirants.The PIL pointed out that the number has come down by 7% to 411 seats in 2008 as against 1,906 seats in 2001. Granting the interim relief, the court, however, adjourned the PIL till June 18 for hearing before a regular bench. Prior to the filing of the PIL, on April 16, resident doctors and interns across the state had protested against the shrinking number of seats in PG medical courses.
DNA Correspondent
Thursday, May 29, 2008 03:20 IST
http://www.dnaindia.com

FICCI demands tax incentive for industrialization of SC/ST districts

NEW DELHI: It appears the government will have to shoulder the responsibility of uplifting the less privileged sections of the population all by itself. At a time when government is finding it hard to cope with the increasing demands on the exchequer, industry chamber FICCI is seeking substantial tax sops from government to promote industrialization in SC/ST dominated districts. Last year, PM had created a stir by asking industry to be more proactive in offering employment to the less privileged. This sparked fears that the government would make it mandatory for companies to reserve some jobs for the SC/ST classes. Industry was firm in its view that enforcing reservation in the corporate sector is not a productive move and has tried to focus on other ways of empowering these disadvantaged communities. FICCI responded on Wednesday sending its freshly scripted code of conduct to commerce and industry secretary, Ajay Shankar. The code will be adopted by FICCI members and is intended to help companies gather speed in the implementation of the affirmative action policy. FICCI has a total of 2,50,000 members of which 2,000 are direct members, while the others are associated through an all-India network of 500 chambers of commerce and industry. Along with this, FICCI has submitted a scheme to promote industrialization in 27 districts with SC/ST population of 40%. According to FICCI, 45% of the 33 million entrepreneurs are from the SC/ST/OBC category and 10% of these belong to the SC/ST category. This means roughly 1.65 million entrepreneurs are from the SC/ST category. Government should support their business endeavours with soft loans, preferential contracts in construction and other sops, FICCI's Amit Mitra told TOI.
29 May 2008, 0142 hrs IST, Shalini Singh,TNN
http://timesofindia.indiatimes.com

Jessica, Mattoo, now Nitish: It's a hat-trick for justice

NEW DELHI: Once again, attempts by the rich and powerful to manipulate the system and subvert the law have come to naught. On Wednesday, additional sessions judge Ravinder Kaur held Vikas Yadav, son of politician D P Yadav, and his cousin, Vishal Yadav, guilty of murdering Nitish Katara in February 2002 for daring to have a relationship with Vikas's sister, Bharti. The verdict vindicates the Supreme Court's decision in 2002 to shift the trial from Ghaziabad to Delhi at the instance of Nitish's mother, Neelam Katara, who had alleged that D P Yadav intimidated witnesses in his area of influence. This was the last of the three high-profile murder cases which had come to symbolize the fight for asserting the rule of law. Justice had earlier been done in the Jessica Lall and Priyadarshini Mattoo cases with Delhi high court reversing the acquittals of Manu Sharma and Vikas Yadav, among others, and Santosh Singh, respectively. "My faith in the judiciary has been strengthened with the verdict. I believe this will ensure that no other son of any mother has to meet such a fate," said an emotional Neelam Katara after the verdict. On the other hand, a distraught D P Yadav, conspicuous by his absence in court on Wednesday, alleged the verdict came under media pressure and vowed to appeal in HC. "Injustice has been done to our innocent children... we will approach the high court to get justice," he said. Since there were actually no eyewitnesses to Nitish's murder, the case hinged on circumstantial evidence, particularly the testimony of Ajay Katara, who completed the chain of circumstances by deposing, despite heavy pressure, that he had seen Nitish in the company of the accused shortly before the murder. The trial had dragged on because of the dilatory tactics adopted by Bharti.
29 May 2008, 0218 hrs IST, Abhinav Garg,TNN
http://timesofindia.indiatimes.com

BPSC to do justice to candidates

PATNA: The Bihar Public Service Commission (BPSC) will constitute a group comprising experts to seek opinion for finding a way to do justice to the candidates who were given faulty question papers in the preliminary examination of 48th, 49th, 50th, 51st and 52nd batches held on Sunday. Commission chairman A K Choudhary told TOI on Monday that the step has been taken so that justice is done to such candidates. Accepting the fact that confusions prevailed at some centres over replacement of faulty question papers, as was printed in the instructions section of the question paper, Choudhary said in most of the cases the faulty sets were replaced with a new question paper, but due to some communication gap at some centres, students had to face problem due to non-replacement of such question papers. “Out of 2,70,000 question papers printed, fault was reported from around 2,000 question papers and the commission had also supplied additional sets of question papers to replace the faulty ones”, he said. He said that commission would ensure that no such mistake takes place in future examinations.
29 May 2008, 0546 hrs IST,TNN
http://timesofindia.indiatimes.com

HC to lower courts: Don’t interfere in prisoner’s transfer

Allahabad, May 28 The Allahabad High Court directed the district judge and the Chief Judicial Magistrate (CJM) of Varanasi today not to meddle with the transfer of gangster Brajesh Singh back to Bareilly Central Jail.
The court has also asked the state government to proceed in implementing its May 2, 2008 executive order.
The Bench, comprising Justice Imtiyaz Murtaza and Justice Vikram Nath, passed this order on a writ petition filed by the state government and observed that that issue relating to the transfer of accused persons from one prison to another should not be interfered into by the court.
The Bench said: “Authorising the detention of accused in police custody or judicial custody is the judicial function of the Magistrate whereas the place/places where an accused has been authorised to be detained in judicial custody by the Magistrate is a matter relating to the administration in the prison.”
Earlier, the additional government counsel (AGA) had criticised the manner in which the local courts of Varanasi had tried to stultify the executive order that had been passed for security reasons. The local courts repeatedly entertained applications that were allegedly designed to prolong the gangster’s stay at the Central Jail Varanasi. The matter will be heard in the second week of July, 2008. The court also issued a notice to Singh today, asking him to file his affidavit before the next hearing.
Express News Service
Posted online: Thursday , May 29, 2008 at 02:05:00Updated: Thursday , May 29, 2008 at 02:05:00http://www.expressindia.com

HC 'listens' to child refusing to see mom

HYDERABAD: Rendered helpless by a 9-year-old girl child's plea to stay with her father, two judges of the Andhra Pradesh High Court on Wednesday changed an earlier order passed by a Lok Adalat court. The division bench comprising Justice L Narasimha Reddy and Justice Ramesh Ranganathan, while dealing with a case being fought between a warring couple, heard them here on Wednesday at an in-camera proceeding, ascertained the views of their child and passed an order taking away the visitation rights of the mother after the child in question told the court that she did not wish to see her mother ever in her life. The couple, a Hyderabadi husband and a Maharashtrian wife, was trying for a legal separation through the Lok Adalat headed by a senior civil judge court in Ranga Reddy district. The court had granted the custody of the child to the father and gave visitation rights to the mother. According to this order, mother could visit the child during this summer and also during December this year. Meanwhile, the father filed a writ petition seeking to cancel the visitation rights of his erstwhile wife. Following this, the division bench on Wednesday heard the couple and the child in-camera and ascertained their views in person. They were surprised and pained to listen to the views of the child who stubbornly rejected to be with her mother and also expressed her displeasure to see her mother even as part of her visitation rights. The judges said in their order: "In these circumstances we cannot enforce the visitation rights granted to the mother. Hence, we cancel the visitation accorded to the mother for this summer." The matter would be heard again after the summer vacation
29 May 2008, 0441 hrs IST,TNN
http://timesofindia.indiatimes.com

Dr Sheikh Jalal was illegally appointed as SKIMS director: HC

Srinagar, May 28: The High Court on Wednesday upheld the quashing of Dr Sheikh Jalal-ud-Din as the director of Sher-i-Kashmir Institute of Medical Sciences (SKIMS), Soura.The appeal of Dr Jalal was dismissed after the court admitted that his appointment was made by former Chief Minister Mufti Muhammad Syed brushing aside all the rules and regulations.In his judgement, Chief Justice, Justice K S Radhakrishnan directed the authorities to appoint a new director at SKIMS as per rules and regulations, and till further arrangements are made the government may continue with the incumbent director Dr Abdul Hameed Zargar.The court said that Mufti Syed had no powers to appoint a SKIMS director and the competent authority for appointing the director was the governing body of the institute.The High Court had earlier directed the government to respond to the objections of petitioners in the appointment of Prof Jalal as SKIMS director.The petitioner through his senior counsel Mian Abdul Qayyum challenged appointment of Dr Jalal who was appointed by the government on July 11, 2005 as director SKIMS, terming it illegal.Qayoom argued that government had framed a selection committee to select a suitable candidate for the post of director. “The committee shortlisted three candidates; setting up of the panel was wrong," the counsel submitted.He said, “Even if we consider the panel of candidates, Dr Zargar was graded as ‘very good’ by the committee and was topping the list. Hence he (Dr Zargar) should have been appointed as director. There was no question of appointing Dr Jalal,” Qayyum argued.He said even the recommendations of the selection committee have to be approved by the SKIMS' governing body. “The Chief Minister who is also the chairman of the governing body alone can't make decisions on behalf of the body. Though he is the chairman he is only one of the members of the body,” Qayoom argued.He said if the decision for appointing Dr Jalal as SKIMS director was taken by the government it should have got the approval from the Cabinet. “For promoting head of the department, the powers have to be exercised by the Cabinet and not by the Chief Minister alone,” Qayoom said. He pleaded that Dr Zargar should be appointed as director SKIMS on permanent basis and government should give him the pay scale attached to the post with effect from July 11, 2005 when Dr Jalal was “Illegally and improperly” appointed as director SKIMS.“The appointment of Dr Zargar should not be disturbed,” Qayyum prayed.
28 May, 2008 09:00:00
Javed Shah
http://etalaat.net

Builders can't misuse society land: HC

MUMBAI: In an important order that strengthens the hand of the flat buyer vis-a-vis the builder, the Bombay high court has ruled that there can be no additional construction on a housing society plot if the buyers had not been informed of the same at the start. In land-starved Mumbai, builders often utilise undeveloped portions of a housing society to construct new buildings using additional construction rights in the form of Floor Space Index (FSI) or Transfer of Development Rights (TDR). This practice may now come to an end with the court ruling that unless it was initially disclosed to flat buyers, no part of the land belonging to their housing society can be used for additional construction. The court said that builders have to make a “true and full disclosure’’ about the housing project while signing the sale agreement with a buyer. The order was made in the case of an application by a Jogeshwari housing society opposing the builder’s plan to amalgamate a part of the society’s land with an adjoining plot to construct a 14-storey tower. A division bench comprising Justice R M S Khandeparkar and Justice A V Nirgude restrained the developer, Pranay Constructions Pvt Ltd, from using any part of the society’s land for the tower. “The promoter is not only required to make a disclosure concerning the inherent FSI, he is also required at the stage of layout plan to declare whether the plot in question in future is capable of being loaded with additional FSI/floating FSI/TDR,’’ said the judges. “In other words, at the time of the agreement, the promoter is obliged statutorily to place before the flat takers the entire project\scheme.’’ According to Mukesh Vashi, the lawyer representing the Jogeshwari housing society, the provisions in the Maharashtra Ownership Flats (Regulation of the Promotion of Construction) Rules as well as Supreme Court judgments on the issue are in favour of flat buyers. “Not only is the builder required to reveal details of the land, amenities and facilities to the buyer, but the development potential of the land on which the housing society stands as well,’’ said Vashi. The HC judgment comes on the heels of a series of orders in the last few years protecting the rights of buyers. Earlier this year, the HC had held that builders cannot change their building plans arbitrarily and add extra floors without the specific consent of the flat purchasers. Another ruling had stated that builders were bound to honour the promises made in their brochures even if these were not part of the sale agreement. In the case at hand, a first suit was filed by the White Towers Cooperative Housing Society, Jogeshwari (West) seeking orders to the builder to provide the conveyance deed of the land. A subsequent application was moved before the court against the proposal by the builder to construct a multi-storeyed tower by amalgamating a portion of the society’s land with an adjoining plot. Vashi argued that the proposal was against the interests of the buyers as they had been kept in the dark about the builder’s expansion plan. The lawyers for the builders countered this saying that a builder had the right to develop a plot of land as long as he was not modifying the existing building. They further contended that the layout plan for the new construction had been approved by the BMC and had not been challenged by the petitioners. The court did not see things this way. “The obligation (to make full disclosure) remains unfettered,’’ said the judges. “Obviously, the flat takers stand assured that in case of any change to be made in the project as was disclosed to the flat takers at the time of entering into agreement, the same has to be by following the proper procedure and without disturbance of the rights accrued to the flat purchasers in relation to the flats and all benefits attached to the flats, including in relation to the land on which the building having such flat is situated.’’ They added that builders could not carry out construction on a society’s plot as a matter of right. shibu.thomas1@timesgroup.com
29 May 2008, 0615 hrs IST, Shibu Thomas
http://timesofindia.indiatimes.com

HC stays Tribunal order against Varca panch

PANAJI — Mr Justice A P Lawande of the Bombay High Court has by way of an ad-interim order stayed the order passed by the additional president of the Administrative Tribunal against Mr Anthony John Menino Rodrigues, panch member of the village panchayat of Varca.
The Tribunal by its order dated May 16 had set aside the election of Mr Rodrigues to Ward III of village panchayat of Varca on the election petition filed by Mr Gregory Bruno Fernandes.
Mr Gregory had filed the petition before the Tribunal on the ground that his nomination was improperly rejected by the returning officer at the time of scrutiny.
At the time of scrutiny of nomination papers, Mr Rodrigues had brought to the notice of the returning officer that Mr Gregory owed arrears to the panchayat for the year 1999-2000 towards collection of sopo/market fees.
The returning officer, relying on the certificate issued by the Administrator that Mr Gregory owed dues to the panchayat and the letter issued by the secretary that a meeting would be held to deliberate on the recovery of dues, had rejected nomination of Mr Gregory.
The Tribunal held that the returning officer had improperly rejected the nomination papers of Mr Gregory as a demand draft was drawn in the name village panchayat of Varca towards payment of the dues.
The Tribunal had further observed that there was no reason to take resolution by the panchayat and that the Block Development Officer had merely given an opinion to take resolution in order to shift the burden cast on him.
Mr Rodrigues had challenged the order of the Tribunal before the High Court on the ground that the order is in contravention of Section 10(d) of the Goa Panchayat Raj Act, 1994.
According to the petitioner since the sum was due to the panchayat in the year 1999, Mr Gregory was already owing arrears for more than 3 months before the date of scrutiny and hence liable for disqualification.
It is also stated that the panchayat alone could decide about the arrears and the respondent could not be absolved from liability by unilaterally issuing a demand draft unless the same is accepted and a “No Dues Certificate” is issued by the panchayat.
Thursday, May 29, 2008
NT NETWORK
http://www.navhindtimes.com

One more case against Dasavatharam

The Madras High Court will decide tomorrow (May 29), its judgement on the public interest writ petitions opposing the release of Dasavatharam. Meanwhile another Hindu organisation Kalyana Subha Samithi (KSS) has filed a new petition, asking for the censor certificate given to the film to be recalled. The KSS says that the producer has chosen a sacred title for the film, which has a sexy Mallika Sherawat dancing!Represented by its president Santha Chidambaram, has moved the High Court seeking a writ to forbear the screening of the film. It sought a direction to the State government to take adequate measures for protecting the life and safety of the general public.
The organisation sought a direction to the Central Board of Film Certification to withdraw the certificate granted for the film. The organisation submitted that the film could trigger violence, social unrest and even riots. It would wound the feelings of the people in general and Hindus in particular.All this means bad news for Dasavatharam. Unless the court gives a clean chit, the film release date will have to be postponed. Meanwhile a two member panel from the Madras High Court have watched the movie Dasavatharam in a special show yesterday and reported to the Judges about the religious connections of the film
By : Settu ShankarWednesday, May 28 2008
http://entertainment.oneindia.in

SC allows Khoday to use word 'Scot'

NEW DELHI: The Supreme Court on Tuesday allowed the Khoday Group to use the word ‘scot’ on its premium whisky brand Peter Scot. A bench comprising Justices SB Sinha and LS Panta rejected the contention of the Scotch Whisky Association, an industry body of manufacturers and exporters of Scotch Whisky, that the domestic whisky makers should be restrained from using words ‘Scot’ or ‘Scotch’ on their products. Setting aside the Madras HC verdict which allegedly had the effect of restraining the Khoday Group from using words ‘Scot’ or ‘Scotch’ on its brands, the court said that the association had taken action against quite a few companies which not only used the word Scotch but also used the word Highland, Chief, Terrier, etc. According to the court: “The nature and the kind of customers should be looked at and the class of buyers who will buy such whisky would be aware of what they are buying.”
28 May, 2008, 0131 hrs IST, PTI
http://economictimes.indiatimes.com

Respond to PIL on heritage protection, J&K HC to government

Jammu and Kashmir High court has given two more weeks time to the state and Central governments and other respondents to show their response to a Public Interest Litigation (PIL) on protection and conservation of artifacts monuments and excavation sites.As the PIL came up for discussion today in the Division Bench of the High Court comprising Chief Justice K S Radhikrishnan and Justice Mohmmad Yaqub Mir, the Advocate General and Additional Advocate general requested for two more weeks to show their response to the PIL.The court agreed to grant two weeks time to them for filing their response.A petition seeking appropriate directions for the protection and conservation of artifacts monuments and excavation sites in the state was filed by Valley Citizen Council (VCC) general secretary Imdad Saqi through a team of counsels including Touseef Ahmad Khan, Adil Mushtaq Banday and Tufail Qadri.Besides Jammu and Kashmir and Central governments, the petitioner had made respondents Archeological Survey of India, Archeological department, Srinagar, Language, J&K Art and Cultural Academy and department Archeology and Archives, University of Kashmir.Mr Saqi said about a century old SPS museum was in such pathetic condition that the artifacts it houses can hardly survive the threats of time.He further said the treasure hunters and robbers plunder the museum whenever a chance comes their way and the articles which were away from their evil eyes had now fallen prey to rust and decay.The petition said museum houses some exceptionally rare Hindu sculptures from second to seventh century, and added the canons of Dogra period were subjected to weathering by scattering them in the museum garden without any protection.The other such archeological finds include a fourth century bronze frame depicting all incarnations of Lord Vishnu, a massive fourth century Shivalingam and numerous old coins and weaponry.The petition further said the present negligent scenario was the treatment that was being done by the archeological excavations and artifacts of Kashmiri's rich heritage and alleged that 84 rare coins went missing from the SPS museum.UNI
5/27/2008
http://www.indlawnews.com

HC issues ruling on killing by Commando

Imphal, May 27: Acting on a written petition filed by one Elangbam ongbi Tamu Devi of Wabagai Keithel Macha against the killing of her son by Manipur Police commando personnel, a division of the Gauhati High Court, Imphal Bench comprising of Justice BD Agarwal and Justice Asok Potsangbam today has issued a rule nisi returnable within four weeks, informed a release issued by director of Human Rights Law Network Meihoubam Rakesh.The petitioner contended that her son Elangbam Dutta Singh s/o late E Madhusudon was picked up by police commandos along with one Sarangthem Sanjoy from the house of one Mainu Devi belonging to the same locality on March 19 this year.At about 9.40 pm of the same day, Dutta was shot dead in a fake encounter at Charoibung along IB road, Mayang Imphal by the personnel of Manipur police commandos, it contended.On the next day, Dutta's elder brother E Mohen submitted a written appeal to the DGP to take up necessary against the commando personnel in killing his brother after arrest.But there was no response from the DGP.Later Tamu filed a writ petition before the Gauhati High Court on May 26, informed the release.Through the writ petition, the bereaved mother is seeking commensurate compensation for killing her son, a judicial enquiry into the arrest and killing of Dutta and to prosecute the personnel involved in the killing.
Source: The Sangai Express

Advocate’s death: HC taken to apex court

Allahabad, May 27 Writ petition says S K Awasthi was handcuffed in court in violation of SC rules; hearing on June 2
A division Bench of the Supreme Court will hear a criminal writ petition, filed against the Allahabad High Court, the State of Uttar Pradesh and the Union of India on Tuesday in connection with the custodial death of advocate S K Awasthi, next week.
Petitioner Aeltemesh Rein, a Supreme Court advocate, said Awasthi was handcuffed when he was produced in the court of Justices B S Chauhan and Arun Tandon of the Allahabad High Court, in utter violation of the rules laid down by the Supreme Court.
Talking to The Indian Express from New Delhi, Rein said: “When he fell sick in the jail, he was taken to hospital in fetters and was chained to his bed. This is a very serious contempt of the court.”
Awasthi, a practising lawyer in the Allahabad High Court who was handed out a month’s jail term in the case, died in a hospital here on May 13.
The writ has been filed under Article 32 of the Constitution of India for the enforcement of Articles 21 read with 13 & 14, and Contempt of Courts Act, 1971, Section 302 IPC, and 109 IPC.
The Bench comprising justices C K Thakkar and L S Panta will hear the petition on June 2.
The petition seeks deterrent action under the Contempt of Courts Act against Justices B S Chauhan and Arun Tandon.
The petition also seeks action against those responsible for Awasthi’s death — the HC advocate was allegedly beaten up in jail. It says those found guilty should pay compensation to Awasthi’s family.
Vijay Pratap Singh
Posted online: Wednesday, May 28, 2008 at 12:12:57Updated: Wednesday, May 28, 2008 at 12:12:57
http://www.expressindia.com

HC reinstates 31 sacked judicial officers

PPSC Scam
The Punjab and Haryana High Court today reversed its own committees’ recommendations and placed at least 31 PCS (Judicial) officers back in the judgment seat.
Nearly six years after the “first committee” recommended the termination of officers belonging to 1998-2001 batches subsequent to the unearthing of the alleged Punjab Public Service Commission (PPSC) scam, a three-judge Bench of the High Court ordered the reinstatement of the petitioners before it. All appointments were made during the tenure of (PPSC) chairman Ravinderpal Singh Sidhu.
The Bench, comprising Chief Justice Vijender Jain, Justice H.S. Bhalla and Justice Rajesh Bindal, ruled: “The petitioners in respect of 1998, 1999 and 2000 batches are ordered to be reinstated”.
The Bench also directed: “The appointment letter earlier issued by the state government to petitioners Parveen Bali, Manisha Jain, Avtar Singh Barda, Mahesh Kumar, Balwinder Kumar, Harprit Singh, Gurkirpal Singh Sekhon and Tarantaran Singh Bindra, except for Rajwinder Kaur (since deceased), relating to 2001 batch are ordered to be restored.
“Thereafter, respondent HC is directed to issue posting orders to all petitioners pertaining to 1998-2000 batches; and also of the eight petitioners in respect of the 2001 batches, within three months from today”.
In an attempt to minimise the damage, the Bench further directed that the petitioners belonging to the 1998-2000 batches “shall not be entitled to salaries for the period they remained out of job, until the reinstatement. But, the said period shall be counted as period spent on duty for the purpose of determining the qualifying service for pension and other purposes, including the grant of increment etc. Non-performance of duties for the said period shall not be treated as break in service”.
Going into the background of the matter, the Bench observed that the Full Court, in a meeting held on May 25, 2002, passed a resolution, constituting a committee of four judges “in light of the disturbing reports appearing in the Press and the electronic media, containing allegations against certain judges of this court and their wards”.
The committee perused the answersheets of nine candidates named by the approver - one each from the 1999 and 2000 batch and seven from the 2001 batch. It observed that the awards given to them could not be justified.
On August 12, 2002, the Full Court accepted the committee’s report and recommended the termination of the officers belonging to all four batches.
The state government, on September 27, 2002, dispensed with the services of the officers belonging to not only 1999-2000 batches, but also the pipeline batch of 2001.
The government, however, referred back the 1998 batch officers’ case, following which a second committee was constituted by the then Acting Chief Justice on October 10, 2002. It considered the statements of approvers and witnesses and concluded that the performance of most candidates was below average before recommending termination.
Clearing the dust of controversy coating their appointment files, the Bench ruled: There is nothing on record which could spell out that the entire selection process of the 1998 batch was vitiated on account of malafides of biasness… “The petitioners had earned good and satisfactory reports during the period they remained in service. The HC committee, without there being sufficient and adequate matter on record, recommended cancellation of the appointment of the petitioners.”
Chandigarh, May 27Saurabh MalikTribune News Service
http://www.tribuneindia.com

HC permits CFA exam in India

MUMBAI: The Delhi High Court on Tuesday allowed US-based Chartered Financial Analyst Institute to conduct examination in India scheduled on June 8. This is an interim order on a petition by CFA Institute challenging the single bench order disallowing it from conducting examinations in India.
Says a an official from CFA Institute India, “We have still not received orders. Many students dropped out this year since they had to take the examinations abroad. Nothing can be done now as the enrolments for the examinations have been closed.” This year, around 4,000 Indian students are taking the examination outside the country compared to 7,000 last June. The judgement has come at a time when the students have already made arrangements of going abroad to take the examination. Says Mehul Shah, a level 2 student, who has registered himself in Singapore for the examination: “It is infuriating. The judgement has come at a time when I have spent close to Rs 50,000 on my examination. I have lost all faith in the system.” Many Indian students have chosen Kathmandu, Dhaka, Colombo, Singapore, Thailand, Hong Kong and the United Arab Emirates as the test centres. While making it clear that further enrolment by the Institute will be done with the approval of this court, the bench comprising Chief Justice AP Shah and Justice S Muralidhar said: “Prima facie, the All India Council for Technical Education (AICTE) Act is not applicable (to CFA Institute).” Last year AICTE, India’s apex body in technical education concluded that CFA Institute has not obtained its approval to conduct the CFA Program in India and must cease all operations in India. The CFA examination, that has three levels (1, 2 and 3) is held once a year in June for the Level 2 and Level 3 and twice a year (June and December) for Level 1.
28 May, 2008, 0146 hrs IST, TIMES NEWS NETWORK & AGENCIES
http://economictimes.indiatimes.com

Katara case: HC refuses to pass order on Vikas' plea

NEW DELHI: The Delhi High Court on Wednesday refused to pass any order on the plea of Vikas and his cousin Vishal Yadav, seeking to restrain the trial court from pronouncing the judgement in the Nitish Katara murder case, saying that it has become infructuous. "In view of the verdict passed by the trial court, the application of Vikas and his cousin Vishal in the Nitish Katara murder case becomes infructuous," Justice G S Sistani said. The court also refused the plea of convicts to list their application along with the appeal, challenging the trial court's order which would be filed later by them. A trial court earlier today convicted Vikas and Vishal for murder, kidnapping and destruction of evidence in the case. Appearing before the High Court, senior advocate R K Anand said, "It was unfortunate that the judgement was passed by the trial court despite our attempt to file an affidavit with regard to the application which is pending here." Within hours after a trial court had yesterday reserved its verdict in the six-year-old sensational murder case, Vikas moved the High Court which had agreed to hear his plea. In their plea, the accused had challenged the trial court's order dismissing their plea to re-examine last seen evidence Ajay Katara in the wake of a CD purportedly showing collusion between the witness and the complainant Neelam Katara. Taking note of the fact that no stay was granted yesterday on the trial court's proceedings, Additional Sessions Judge Ravinder Kaur pronounced the order before the High Court could take up the application for hearing
28 May 2008, 1227 hrs IST,PTI
http://timesofindia.indiatimes.com

Women's bill: Meet witnesses fireworks

NEW DELHI: The very first meeting of a key parliamentary panel on the contentious women's reservation bill on Tuesday witnessed verbal duels between the pro and anti-reservationists. One member of the Parliamentary Standing Committee on Law and Justice, which is considering the proposed legislation introduced in the Rajya Sabha on the last day of the recent budget session, said it was not expected that a sharp differences would be witnessed in the first meeting itself since it was primarily held to decide the procedure for the subsequent meetings. Sources said RJD and SP MPs did not take long to air their strong opposition to the Bill that promises 33% reservation to women in Parliament and assemblies. Supporters of the bill, mostly women MPs, said the opponents are raising unrelated issues. More than a decade has already been lost, they pointed out. RJD-SP MPs said urban educated women would benefit from reservation while rural women would still remain in the margins. They also demanded a study on whether reservation in panchayati raj institutions has helped rural women or not. The two parties have been demanding sub-quota for Dalit and minority women. Committee chairperson EM Sudarsana Natchiappan has asked five national parties and 42 regional parties to give their opinion on the proposed legislation.
28 May 2008, 0308 hrs IST,TNN
http://timesofindia.indiatimes.com

Parliamentary Committee on Women's Reservation Bill to meet today

NEW DELHI: The key Parliamentary Committee on Women's Reservation Bill will meet on Tuesday to come out with a report on the contentious issue. The Parliamentary Standing Committee on Law and Justice, headed by senior Congress Member of Parliament E M Sudarsana Natchiappan asked political parties to give their opinion on the issue within three months. Earlier, the Committee had no women members. But recently, Brinda Karat of Communist Party of India (Marxist), Najma Heptulla of Bharatiya Janata Party (BJP) and Jayanti Natarajan of Congress has been brought on it. The Bill, introduced in Rajya Sabha on the last day of the Budget session of Parliament, was referred to the Committee.
The Economic Times
27 May, 2008, 1131 hrs IST, AGENCIES