PIL seeks CBI probe into IPL financial dealings
http://timesofindia.indiatimes.com/india/PIL-seeks-CBI-probe-into-IPL-financial-dealings/articleshow/5849625.cms
PTI, Apr 23, 2010, 07.26pm IST
BANGALORE: A Division Bench of the Karnataka High Court on Friday ordered issue of notices to the Centre, Karnataka government and other respondents on a PIL filed seeking an iquiry into alleged betting, match-fixing, money laundering in the IPL. The petitioner, S Vasudev, an advocate, also prayed for a direction to the Director, CBI, to investigate the financial dealings of both the Commissioner of IPL and the Secretary of the Karnataka State Cricket Association. Justice Manjula Chellur and Justice Mohan Shantanagoudar comprising the division bench, ordered issue of notices to the Union of India, State of Karnataka and other respondents and adjourned further hearing of the case. According to the petitioner, there has been large scale violations in the money involved in the tournament conducted by the IPL. The petitioner further submitted that there have been instances of match-fixing and betting in the matches.
'Govt considering restoring anticipatory bail provision'
http://timesofindia.indiatimes.com/city/lucknow/Govt-considering-restoring-anticipatory-bail-provision/articleshow/5846341.cms
TNN, Apr 23, 2010, 04.40am IST
LUCKNOW: UP advocate general Jyotindra Mishra on Thursday apprised the High Court that the state government is actively considering to restore anticipatory bail provision in the state with certain conditions. He sought some time from the court so that the state government may be able to take a final decision on the matter and intimate the court thereof. As the above statement came from the state government, a division bench headed by the acting Chief Justice Amitava Lala postponed the hearing till May 10. The advocate general assisted by chief standing counsel (CSC) Devendra Upadhyay on Thursday told the bench that after recommendation of the HC long back, the state government had constituted a high powered committee. The committee considered the aspects of restoration of the anticipatory bail provision and recommended for its implementation in UP. The committee, however, expressed certain reservations that while reviving the anticipatory bail provision, certain conditions should also be imposed. A PIL has sought invocation of anticipatory bail as the state government had put it on hold by a legislation in 1976. Seeking enforcement of the provision, the PIL counsel Ashok Pandey stressed for implementation of recommendations of Supreme Court, Allahabad High Court and Law Commission in favour of anticipatory bail as contained in section 438 CrPC.
BEST cancels Santa Cruz depot deal
http://timesofindia.indiatimes.com/city/mumbai/BEST-cancels-Santa-Cruz-depot-deal/articleshow/5846568.cms
Nauzer K Bharucha, TNN, Apr 23, 2010, 03.04am IST
MUMBAI: A day after chief minister Ashok Chavan announced an inquiry into the Santa Cruz bus depot land sale to Indiabulls, the BEST Undertaking on Thursday cancelled the transaction. TOI has learnt that termination letters were issued on Thursday morning to all the four developers who participated in the auction on April 8. This brings to an end the controversy over the BEST’s decision to hand over the three-acre plot to the highest bidder, Indiabulls, for a “throwaway’’ price of Rs 50 crore. TOI had carried a series of reports over the past few days, exposing how the reserve price of Rs 369 crore mentioned in the tender document was suddenly scrapped two weeks before the bids were to be opened. Indiabulls’ offer was 86% lower than the reserve price. Indiabulls and BEST both claimed that the price offered was high enough, considering the limited development potential of the plot. The BEST Workers’ Union, who described it is an “obvious scam’’, is all set to file a PIL against this land deal in the Bombay HC on Friday.. The termination letters merely mentioned that “due to administrative reasons, the said contract of redevelopment of the Santa Cruz property stands cancelled’’. The earnest money deposit will be returned by the BEST to the bidders within a few days. However, senior officials of some of these construction companies claimed they had not received any termination letter. “We have not received anything or heard from the BEST on this,’’ said an SMS sent to TOI by Indiabulls CEO Vipul Bansal. The letters were issued following a directive by BEST GM Uttam Khobragade before he left for Delhi on Wednesday afternoon. Sources in the CM’s office had earlier told this newspaper that the process of scrutinising the tender documents and other relevant papers was already underway. “The CM has taken a very serious view of this,’’ they said. Early this week, the CM had told TOI that the transaction “sounds suspicious’’ and that he would get to the bottom of this controversy. When Chavan finally ordered the inquiry, the BEST administration decided that it was no longer prudent to go ahead with processing the acceptance of Indiabulls’ bid. Government officials also indicated that Khobragade was expected to get his transfer orders soon as he had already completed his three-year tenure in the BEST last year. Even after the controversy broke out, BEST tried to justify to the state government the price paid by Indiabulls. In a five-page note submitted to the CM’s office on Tuesday and accessed by this newspaper, the BEST administration claimed that “the reserve rate worked by us, appeared to be on higher side and therefore, as directed by GM (Khobragade), the condition in respect of participation in auction process was revised by allowing all responsive bidders to participate irrespective of the rate of non-refundable premium offered by them’’.
Shiv Sena Leader filed PIL seeking levy of entertainment tax on IPL
http://www.taxguru.in/goods-and-service-tax/shiv-sena-leader-filed-pil-seeking-levy-of-entertainment-tax-on-ipl.html
Apr 23, 2010
The Indian Premier League organisers could now face a public interest litigation (PIL) over payment of entertainment tax in Maharashtra. Senior Shiv Sena leader and MLA, Mr Subhash Desai, has filed a PIL in the Bombay High Court, seeking such a levy on the cricketing event. The Board of Control for Cricket in India; the Commissioner of the IPL, Mr Lalit Modi, and the Maharashtra Government are the respondents in his petition.
Mr Desai has said that at least Rs 15 crore could be recovered from the organisers as taxes. He told reporters at the Legislative Assembly on Tuesday that IPL matches were only entertainment with Bollywood stars, cheerleaders and an “occasional game of cricket”. Hence, the matches should not be exempted from entertainment tax, he said. “Maharashtra’s finances are under tremendous strain and even Rs 15 crore can be used for development work,” Mr Desai added.
When States such as Punjab and New Delhi levy entertainment tax, there was no reason for Maharashtra to give an exemption, he said.
In his petition, Mr Desai has said that between 2007 and 2010, the State recovered Rs 1,159 crore as entertainment tax, which is substantial revenue.
Is withdrawal of PIL under pressure: HC asks appelant
http://timesofindia.indiatimes.com/city/lucknow/Is-withdrawal-of-PIL-under-pressure-HC-asks-appelant/articleshow/5850718.cms
TNN, Apr 24, 2010, 05.05am IST
LUCKNOW: It seems Mayawati government is in a comfortable position, at least for now, in the multi-crore Taj Heritage Corridor (THC) case as the high court has to first decide a `side issue' about the withdrawal of PIL by the appellant. On the withdrawal application of Anupama Singh, who had preferred a PIL along with two separate ones, seeking reopening of the case before the special CBI court against chief minister Mayawati and cabinet minister Naseemuddin Siddiqui in THC case, a division bench at Lucknow, on Friday, asked her if she wanted to take back her petition under some pressure. The bench of Justice Pradeep Kant and Justice Shabihul Hasnain asked her lawyer, Mohd Arif Khan as to under which circumstances she had filed two earlier affidavits alleging that she was under pressure from some sources to withdraw the PIL. She, a school teacher, later lost her job and her husband was also allegedly harassed for taking back the PIL. Interestingly, in her third affidavit, she levelled several allegations against her previous lawyer C B Pandey, including that he had misused her blank papers signed in advance. Supreme court lawyer Kamini Jaiswal, while pleading for the previous lawyer, stressed for an inquiry into the conduct of Anupama as the trend to withdraw a PIL, after much exercise has been done on it, would give wrong signal to the system. Advising to refrain from mud-slinging, the bench said that it was for the court to decide on withdrawal but it certainly wanted to know from Anupama if she had been under pressure for it. It is alleged that the state government has exerted pressure on her to withdraw the PIL. The allegation gains support from the statement of Kamini Jaiswal, who disclosed that a special leave petition (SLP) was filed in the supreme court seeking the same withdrawal and in the matter an additional advocate general of UP government briefed the senior counsel in the supreme court at the presentation of the case. Amid this controversy, the battery of state lawyers present in the court curiously remained silent. The court has postponed the matter till April 27 to enable Anupama's counsel to submit reply on an affidavit handed-over by her previous lawyer. HC for video cameras in court room: Senior judge Justice Pradeep Kant while hearing the THC case, advocated for installation of video cameras in courtrooms in order to record all the proceedings for the purpose of transparency. He also added that cameras should directly be linked to the supreme court to enable it to know the manner of the court proceedings. The remark came as a lawyer retracted from his statement made on previous date in the court.
Lie test on Rajus: HC bench divided
http://timesofindia.indiatimes.com/city/hyderabad/Lie-test-on-Rajus-HC-bench-divided/articleshow/5851005.cms
TNN, Apr 24, 2010, 03.23am IST
HYDERABAD: The division bench of the AP High Court examining the request of the CBI for conducting lie detector tests on the Satyam scam accused, B Ramalinga Raju, B Rama Raju and Vadlamani Srinivas, was divided on the issue on Friday. While Justice A Gopala Reddy was against it, Justice Samudrala Govindarajulu favoured lie tests on the accused. As a result, the matter would now go back to Chief Justice Nisar Ahmed Kakru who will refer it to a third judge for a fresh hearing on the matter. Following an application by the CBI which is probing the Satyam scam, the lower court had allowed the agency to conduct polygraph tests on the accused. Aggrieved by this order, the accused challenged this order in the high court as unconstitutional and violative of their fundamental rights. Justice A Gopal Reddy and Justice Samudrala Govindarajulu heard the arguments of both the sides and reserved their order a few months ago. While Justice Gopal Reddy ruled that there is no law governing such tests which are violative of the right to life and hence rejected the CBI’s plea, Justice Govindarajulu concluded that these tests can be conducted on the accused to protect the interests of several victims who suffered a lot due to their actions. Govindarajulu said that any hindrance to these tests would affect not only the CBI’s right to investigate but also the interests of various victims within and outside the country who are affected by the activities of the accused. He allowed the CBI to conduct these tests on the accused. The matter would now go to a third judge.
HC refuses to stay awards function
http://www.indianexpress.com/news/HC-refuses-to-stay-awards-function/610799/
Express news service
Posted: Saturday , Apr 24, 2010 at 0309 hrs New Delhi:
With a few hours to go before the start of IPL 3 award function in Mumbai, the Delhi High Court on Friday dismissed a plea by an event management company asking to stay the ceremony. The court held that it was too late to accord the relief and that the company, claiming that it was not given the credit for conceptualising the function, should have approached it earlier.
“It is too late. Why did you not come earlier? You always knew about the date of the award function and hence knew when your deadline would end. The relief cannot be given to you on the nth day,” Justice Rajiv Shakdher told the counsel for Propaganda Media and Marketing.
Appearing for the company, advocate Abhishek Malhotra tried to convince the court that his client Gaurav Garg came to know a week ago that he was not being given the credit and then they served the legal notices to Morani Brothers, Cineyug and the BCCI. The court told the counsel that notices were not required to be given and the delay was such that the function could not be halted now.
Justice Shakdher, however, agreed to hear the main petition that has sought credit to Garg for reportedly conceptualising, marketing and execution of the award for Cineyug as he worked with them in 2008-09.
The court issued notices to Morani Brothers, Cineyug and the BCCI and asked them to file response by May 12.
HC annuls govt order on Balia civic body
http://timesofindia.indiatimes.com/city/patna/HC-annuls-govt-order-on-Balia-civic-body/articleshow/5850732.cms
TNN, Apr 24, 2010, 05.27am IST
PATNA: The Patna HC on Friday set aside the government notification on creation of Balia nagar panchayat by incorporating the Balia, Lakhminia and other panchayats in Begusarai. A single bench passed the order while hearing a writ petition of Chaudhary Ezharul Haque who challenged the government’s claim that the Balia nagar panchayat was created as more than 75% of the population was non-agriculture. Patna mayor: A division bench of the high court will on April 28 hear a Letters Patent Appeal of a PMC ward councillor, Vinay Kumar Pappu, challenging the verdict of a single bench reinstating PMC mayor Sanjay Kumar and deputy mayor Santosh Mehta on their posts.
HC notice to revenue minister in land grab case
http://timesofindia.indiatimes.com/city/nagpur/HC-notice-to-revenue-minister-in-land-grab-case/articleshow/5851333.cms
TNN, Apr 24, 2010, 06.21am IST
NAGPUR: Nagpur bench of Bombay high court on Friday issued show cause notice to revenue minister Narayan Rane for allegedly helping a noted industrialist from the city grab the petitioner’s land. A single-judge bench of justice Bhushan Dharmadhikari asked Rane along with other respondents including state secretary for revenue and forest department, industrialist Aspi Bapuna and Vidarbha Distilleries on Kamptee Road where he is a managing partner, to reply within two weeks. The court directed that any order passed by the minister about the land would not be carried out till the pendency of the petition filed by Shailendra Sahu and his two brothers through their counsel Ram Parsodkar. Parsodkar said, the petitioners are joint owners of the Nazul Land at Khasra Nos. 104/3 and 106/3 at Mouza Indora in the city. it was allotted in favour of their grandfather Sunderlal by the Central Provinces (CP) and Berar governor in March 14, 1942, on a 30-year lease. The total land was 5.10 acres. The lease was later renewed from 1972 to 1978 (and later till 2008). In 1975, the Sahu family in association with Aspi Bapuna and three others started Vidarbha Distilleries for producing liquor on 30,000 sq ft of the said land. The land was given to the company on rent by Sahu family at Rs 1,100 per month. In 1996, a dispute started between Sahu and Bapuna over encroachment by Vidarbha Distillaries over former’s land. On March 8, 2008, Bapuna made complaint to the revenue minister who had no jurisdiction in the matter stating that the petitioners had breached the lease agreement and therefore the lease of their land should not be renewed. He also demanded a fresh lease in favour of Vidarbha Distillers. On April 17, this year, the petitioners received a letter from state additional secretary for revenue and forest Ravindra Nalwade calling them for the urgent meeting with Rane in minister’s chamber in Mumbai on April 20. Accordingly, Sahus along with their counsel Prakash Misar went to meet the minister. The petitioners alleged that during the meet, Rane was taking personal interest in the case and was ready to pass the order favouring Bapuna without giving them a chance to reply. He also allegedly scolded Misar and threatened to pass the order in Bapuna’s favour. Rane issued a notice to them and kept the hearing on April 26.
Families to move HC in Lajpat Nagar blast case
http://economictimes.indiatimes.com/news/politics/nation/Families-to-move-HC-in-Lajpat-Nagar-blast-case/articleshow/5849139.cms
23 Apr 2010, 1718 hrs IST,PTI
SRINAGAR: Family members of two Kashmiris, sentenced to death in the Lajpat Nagar blast case, today said they will challenge the verdict in the Delhi High Court. "We are shattered by the verdict. But we will appeal against the verdict in Delhi High Court," a visibly upset Mirza Muzaffar, brother of Mirza Nissar Hussain, told reporters. Terming the death sentence awarded to his brother and two others as "total injustice", Mirza alleged, "There was no solid witness and evidence. Yet the court convicted my brother and others." A Delhi court yesterday sent to the gallows three out of six convicted members of militant outfit Jammu Kashmir Islamic Front (JKIF) for the 1996 Lajpat Nagar market blast which had claimed 13 lives. Elder brother of Mirza Nissar Hussain, Mirza Iftikhar Hussain has been acquitted by the same court some time back. The family of another convict, Mohammad Ali Bhat is equally dismayed at the quantum of sentence. Haji Sher Ali, father of Mohammad Ali Bhat, said his son, now 43, was just 29-years-old when he was arrested in the case. "As a father, this is my moral responsibility to fight till our ward gets justice. We will definitely challenge the verdict in the higher courts," Haji Ali said. Dilawar Hussain, brother of Syed Maqbool Shah, who was acquitted by the court, termed the verdict as "injustice". Meanwhile, Firda Dar, one of the two convicts allowed to walk free, arrived here from Delhi and went to downtown city to express solidarity with the family members of those awarded death penalty in the case. Another convict Farooq Ahmad Khan, an engineer from Anantnag, allowed to walk free, has been taken to Rajasthan for trial in a Dausa case. After sentencing Farooq to seven years imprisonment in the case yesterday, the court, however, ordered his release since he has already completed 14 years in jail after his arrest. The trial in Dausa case was suspended some years back on the orders of Supreme Court, which passed the ruling on a petition filed by the family members of the arrested persons. They had pleaded that the hearings in one case must be taken at one time. "We are hopeful that he will be acquitted in Dausa blast case also as he is not involved in it", Javid, Farooq's brother, said.
HC rubbishes woman's will story
http://timesofindia.indiatimes.com/city/ahmedabad/HC-rubbishes-womans-will-story/articleshow/5850457.cms
Saeed Khan, TNN, Apr 24, 2010, 04.18am IST
AHMEDABAD: Wills always tell an interesting tale. In a dispute over inheritance, when a woman tried to spin a tale around a will by her father, which she claimed to have discovered 37 years later, the Gujarat High Court dismissed it. Lilavati Kadia from Ahmedabad told HC that her father had transferred properties worth crores of rupees to her through a will prepared nearly four decades ago. She has had a long legal dispute with her brother and his sons regarding the inheritance which includes houses and shops in old city. She approached city civil court two years ago with claims that her father Bapalal Kadia had prepared a will in 1970 by which he had transferred his property to her name. She urged the court to get the will executed in her favour. But the court refused to entertain the suit. She approached the Gujarat high court earlier this month against the lower court's decision. When the court inquired, it was revealed that Bapalal died in 1989 at his son Shamaldas' house. Shamaldas, who looked after Bapalal, also passed away in 2002. Lilavatiben told court that her father was not happy with Shamaldas and had lodged two FIRs against him, and he was also convicted. The criminal cases between father and son had even reached the high court. Lilavati's case was heard by Justice RR Tripathi, who asked the petitioner how she came to know about the will prepared in 1970 in 2007, when her father had died in 1989. She replied that the document was accidentally found from a bunch of papers lying at her house for years. The court posed more questions, but did not get satisfactory answers. After completing the hearing, Justice Tripathi dismissed the plea on the ground that her claim regarding the will has come 37 years later and such a long delay cannot be accepted. "To believe a daughter saying that a father having strained relations with the son against whom he filed two criminal complaints and obtained order of conviction, later on shifted to the place of his son and he did not take the daughter in confidence while executing a will in favour of his daughter, is too bald a proposition. This court is not able to accept the same despite all sincere efforts," the court observed.
2 yrs on, HC acquits 'murderer'
http://timesofindia.indiatimes.com/city/mumbai/2-yrs-on-HC-acquits-murderer/articleshow/5850802.cms
Swati Deshpande, TNN, Apr 24, 2010, 01.20am IST
MUMBAI: Saving a youth from the gallows, the Bombay high court this month quashed his 2008 conviction and death sentence as being “unfounded and unfair’’. The HC also acquitted the man sentenced to death for allegedly kidnapping and murdering a minor girl in 2003. Reflecting on the need of proper prosecution practice, the court even reprimanded the lower court, the police and the public prosecutor for not conducting fair and transparent investigations and trial. “When any public prosecutor appears before the trial court, he is duty-bound to assist the court in ensuring that the trial is conducted in a fair and transparent manner so that no innocent person is held guilty. The prosecution must ensure that a guilty person is punished but not that every trial must end in a conviction,’’ a bench of Justices B H Marlapalle and Ahmed Sayyed said, while setting aside the order of a Nashik sessions judge. “The special public prosecutor failed to assist the trial court in ensuring that the trial was conducted in a fair, legal and transparent manner,’’ said the judges directing the director of prosecution for the state to issue guidelines on the issue soon. The court said that the prosecutor had not followed certain procedural rules in leading evidence against the accused and had wrongly relied on statements by the wife of the accused who herself was also a co-accused in the case and later turned an approver. Her statement could “not have been relied upon unless she was examined as a prosecution witness on her turning an approver’’. Pappu Salve of Nashik, who worked at a video parlour in Malegaon, was tried and found guilty of kidnapping, murdering and then dumping the body of his employer’s minor child in a well in 2003. His wife and three others were also tried. But while two got acquitted by the trial court in Nashik, his wife after spending five years in jail was sentenced to six months in jail for intentionally not divulging information of an offence to the police. Another accused was sentenced to seven years for giving false information to screen an offender. The HC rejected a plea by the state to send the case for retrial saying that “no useful purpose would be served in ordering a retrial particularly since no DNA test conducted and hence there was no evidence to ascertain whether the dead body recovered was of Nikita and whether it was a homicidal death’’. The police file also did not indicate even prima facie evidence to justify a fresh trial, the HC said and held that the state had failed to prove its case that the accused had kidnapped Nikita, the minor child and killed her and then dumped her body in well. The HC found that there was not evidence, not even proper circumstantial evidence, against the accused. “Both the circumstances sought to be relied up on by the prosecution are very weak to support its case against Salve,’’ said the judges who also found the initial investigation to be “sloppy and riddled with lapses”.
HC judges wanted to attend Paris meet on NPT, Centre says no need
http://www.indianexpress.com/news/hc-judges-wanted-to-attend-paris-meet-on-npt-centre-says-no-need/610804/
Maneesh Chhibber
Posted: Saturday , Apr 24, 2010 at 0322 hrs New Delhi:
The Centre last week denied permission to two judges of the Delhi High Court to visit Paris to participate in a conference on nuclear non-proliferation treaty (NPT) and nuclear disarmament.
The decision was taken at the highest level after the Ministry of External Affairs (MEA) objected to the visit, pointing out that India was not even a signatory to the treaty. The MEA also refused the mandatory political clearance required for such visits.
It is learnt that after the MEA red flag, the Prime Minister’s Office also didn’t clear the trip of Justice Sudershan Kumar Misra and Justice Siddharth Mridul. The conference started on April 21 and will end April 28.
Sources in the MEA told The Indian Express that the government was of the view that senior functionaries, particularly judges, should not participate in such conferences as it could lead to controversy.
“Also, their (judges) attending the conference could be viewed as India’s willingness to sign the treaty, something that the country’s leadership has refused so far,” said an officer.
Earlier, the Central government used to clear foreign trips of judges of the Supreme Court and high courts without asking too many questions but in recent times the MEA has started objecting to “needless” and “questionable” trips.
Last month, the Centre stalled a foreign visit by a high-level delegation, comprising among others the Chief Justice of India K G Balakrishnan, to Georgia University for a discussion.
AMRITSAR NEWS: After HC Flak, Amritsar MC Lists Parking Lots In Walled City
Posted by admin in Saturday, April 24th 2010
http://punjabnews.org/amritsar-news-after-hc-flak-amritsar-mc-lists-parking-lots-in-walled-city.html/
AMRITSAR: After inviting flak from the High Court, the Amritsar Municipal Corporation has finally woken up to demarcate areas for parking vehicles in the walled city, apart from finalizing two places for rehri markets.
In a letter to the Police Commissioner, the MC has listed places it has earmarked for parking in the walled city. “Vehicles in areas outside Hall Gate and Pink Plaza market would be parked in the Pandit Deen Dayal Upadhyay parking lot on the Bhandari Bridge, while vehicles inside Hall Gate and Hall Bazaar up to Goal Ratti Chowk would be parked in the fish market parking lot, which has been further expanded,” the letter said.
It said vehicles from Goal Hatti Chowk to Kairon Market would be parked at Kairon Market and the basement of the RS Tower building had been marked for vehicles arriving at the Books Market and R.S.Tower.
Vehicles at Katra Jaimal Singh and Karmon Deari Chowk would be parked in the open space outside Bharawan Da Dhaba. Vehicles in Dharam Singh Market and Katra Sher Singh would be parked at the multi-storeyed parking near old Saragurhi Senior St.Condary School and the open space near the Red Cross dispensary, respectively.
The MC has also passed resolutions for setting up rehri markets on the road near the Civil Surgeon’s office and under the Hussainpura fly over. “Persons carrying out their business on rehris in different parts of the city would be directed to these places,” said the MC.
The letter further claimed that the MC was removing encroachments on a war footing. “Shopkeepers who have encroached upon roads are being strictly dealt with,” it said.
SOURCE-HT
Bombay HC asks BCCI to provide info about income from IPL matches
http://newstiger.in/?p=22235
Posted on April 23rd, 2010
By V KambojBombay High Court has sought explanation from the BCCI on the manner in which IPL and BCCI are organizing the T-20 matches in Maharashtra. It also wants to know how BCCI controls the IPL.
The Court also wanted to know if IPL was a profit making venture and how the tickets are priced. The court’s directives have come in response to a public interest litigation filed by Shiv Sena Leader Subhash Desai.
Court dismisses public interest lawsuit as ‘personal’
http://blog.taragana.com/law/2010/04/23/court-dismisses-public-interest-lawsuit-as-personal-21686/
By IANS
April 23rd, 2010
GANDHINAGAR - The Gujarat High Court Friday dismissed as “personal” a public interest lawsuit (PIL) which claimed that the officer bearers of Surendranagar Peoples Cooperative Bank Ltd were responsible for irregularities and had duped the bank of Rs.85 crore of the depositors’ money.
The bank is under process of liquidation. The PIL filed by Gunvant Naraniya sought directions to the Reserve Bank of India, the registrar of cooperative societies and the chief executive officer of the bank to ensure return of the deposits of the account holders.
Alleging that the chairman, directors and other bank officials did not follow the banking regulations and disbursed the money amongst their “nearest and dearest ones”, the petitioner also urged the court to direct a criminal investigation against them.
A division bench of Chief Justice S.J. Mukhopadhaya and Justice Akil Kureshi however rejected the petition, observing that the matter was not of a public interest but personal interest.
The court also observed that the present petitioner was one of the share holders of the bank and hence such petition could not be considered as a PIL.
“If you are one of the affected persons then the petition has nothing in public interest. The application is dismissed,” the court said.
PIL seeking action in co-operative bank scam rejected
http://www.3dsyndication.com/showarticlerss.aspx?nid=NhGRQIHcOgSwJLdho6FzZVCih5wb9gGolBY/L/iy7Qo=
DNAHM30954 4/24/2010 Author : DNA Correspondent WC :243 Crime & Law
A division bench of the Gujarat high court has rejected a Public Interest Litigation (PIL) seeking action in the closure of the Surendranagar Peoples Co-operative Bank. The bank was closed down following an alleged scam of Rs85 crore. However, the bench of the high court rejected the petition on the grounds that there is no 'public interest' involved in the case. The bench observed that the case is not of public interest but of personal interest. By taking note of the fact that the counsel for the petitioner is also an affected person, the court said "If you are one of the affected persons then the petition has nothing in public interest and we are not inclined to decide the case hence the application is dismissed." One Gunvant Naraniya had filed a petition before the high court seeking that the court direct the Reserve Bank of India, registrar of cooperative societies and the chief executive officer of the said cooperative bank to make arrangements for payment of deposits to depositors, account holders and share holders. He contended that the chairman, directors and other office bearers of the bank had misused the public deposit of crores of rupees by disbursing loan to their near ones and committed irregularity of Rs85 crore. Gunvant also sought that the court direct a criminal investigation against the office bearers of the bank as they are roaming free after duping the public of Rs85 crore.
Court notice on PIL plea
http://beta.thehindu.com/news/cities/Chennai/article408956.ece
Special Correspondent
The Madras High Court on Friday ordered notice on a public interest litigation petition seeking a direction to the authorities to take action against various private companies and organisations for encroaching upon road margins in north Chennai and putting up parking signs for their vehicles alone there. The matter has been posted for June 17.
In his petition, K. Krishnamani of Acharappan Street, George Town, said the companies and organisations had posted security personnel and used the road margins as if it were a private parking area. He addressed letters to the Commissioner of Police, Chennai and the Chennai Corporation. From the information furnished, it would be seen that the establishments and organisations were monopolising the parking place through hired security personnel to the detriment of the public. They had no right to occupy the public road. The Chennai Corporation and the police were duty-bound to take action against the illegal practice.
Muthiah-Srinivasan rivalry resurfaces
http://economictimes.indiatimes.com/news/news-by-industry/et-cetera/Muthiah-Srinivasan-rivalry-resurfaces/articleshow/5850931.cms
24 Apr 2010, 0233 hrs IST,ET Bureau
Amidst raging controversy over the IPL, the rivalry between former BCCI president A C Muthiah and present secretary N Srinivasan has resurfaced, with Muthiah filing a public interest litigation (PIL) before the Supreme Court on Friday, challenging Srinivasan’s direct or indirect interest in IPL. It may be noted that Srinivasan is the de-facto owner of Chennai Super Kings, as his company India Cements owns the IPL franchise. Earlier, Muthiah lost the case before the Madras High Court. Now, Muthiah has filed the petition before the apex court against BCCI, praying that no office bearer should have any commercial interest either indirectly or directly in the IPL franchise or any other commercial ventures of BCCI. Senior lawyer Nalini Chidambaram, who represented Muthiah, told ET on Friday that Regulation number 6.2.4 of the BCCI covers players, umpires and administrators, both past and present. "No administrator shall have commercial interest directly or indirectly in any of the events of the BCCI. Mr N Srinivasan has derived direct commercial interest and hence he cannot hold on to his post," she said. She said the board had amended the by-laws of the society to suit the needs of certain officials. She said the amendment was the abuse of power by Mr Srinivasan, after he was appointed as treasurer. Associates close to Mr Srinivasan, however, found no merit in the new case and expressed confidence of winning it.
PIL against CPS appointments: Notice to Haryana
http://www.indianexpress.com/news/PIL-against-CPS-appointments--Notice-to-Haryana/610540
Express News Service
Posted: Saturday , Apr 24, 2010 at 2319 hrs Chandigarh:
The Punjab and Haryana High Court has issued notices to the Union of India and the Haryana government on an application filed by Advocate Jagmohan Singh Bhatti. The petitioner has sought directions to the state’s finance department not to bear the salary bill, travelling expenses and the salaries of staff attached to nine chief parliamentary secretaries, their medical bills, telephone bills and other financial benefits. The application was filed in connection with his public interest litigation (PIL) demanding removal of the chief parliamentary secretaries. The petitioner had averred that their appointments were completely illegal and unconstitutional.
Gujarat high court asks Gujarat, Centre details of compensation to riot victims
http://www.dnaindia.com/india/report_gujarat-high-court-asks-gujarat-centre-details-of-compensation-to-riot-victims_1374912
PTI
Friday, April 23, 2010 23:32 IST
Ahmedabad: Gujarat high court today directed the state and the Union government to file compliance reports with regard to payment of compensation to the 2002 riot victims, while hearing a PIL.
A division bench of chief justice SJ Mukhopadhaya and Akil Kureshi also asked them to include in the report the steps taken for providing employment or pensionary benefit to those who have left jobs due to riots and crossed age or super-annuation.
Report has to be submitted by June 17.
The directives were issued by the court while hearing a PIL by one Gagan Sethi, member of the Special Monitoring Group appointed by the National Human Rights Commission (NHRC) after the 2002 riots.
Sethi had prayed for quick disbursement of compensation announced by the Centre to the 2002 riot victims.
The high court in May last year asked the state government to disburse Rs262.44 crore it received from the Centre as relief package for 2002 post-Godhra riot victims.
Petitioners lawyer Amit Panchal today submitted before the court that there were many riot affected families who have not yet received compensation despite high court order.
Panchal further submitted that state government had not complied with the Union Government's decision of May 2008 providing additional benefits to riot victims.
The Union government counsel told the court that the Centre has already released funds to the state for payment of compensation.
Following these submissions the court directed the respondents (State and Union government) to file "respective affidavits with regard to payment of compensation and steps if any, taken for providing employment or pensionary benefit to those who have left the jobs due to riots and crossed age ofsuper-annuation."
The court has further said that pendency of the case should not stand in the way of the respondents to provide the benefits.
The Central government's relief package included compensation to the family of over 1,169 people who died during the riots and over 2,549 victims who were injured in the post-Godhra communal violence.
NGOs, citizens may move court
http://www.3dsyndication.com/showarticlerss.aspx?nid=1treNelXP3dPulsjhe3dPulsUPjVJswrAGOLoNqHA2ikNtF7ZyWoU=
DNPUN25832 4/24/2010 Author : Nilanjana Ghosh Choudhury WC :279
They appeal to PMC to involve citizens for transparency The Pune Metro Jagruti Abhiyan (PMJA), a group formed by NGOs and like-minded citizens opposing the lackluster attitude of the Pune Municipal corporation (PMC) in approving the Vanaz-Ramwadi corridor of the Pune Metro, on Friday said they may file a Public Interest Litigation (PIL) if the PMC rushes through with the project."We might consider filing a PIL," said PMJA co-convener Girish Deshpande. He was addressing a press conference after the launch of a mass protest on the proposed Vanaz-Ramwadi corridor. The group demanded that citizens be made a part of the entire process in order to ensure greater transparency.It demanded an independent third party appraisal and scrutiny of the Detailed Project Report (DPR) prepared by the Delhi Metro Rail Corporation (DMRC).PMJA co-convenor Prashant Inamdar said, "The PMC standing committee has approved the Pune Metro plan as per the DMRC report without any independent study and detailing in understanding the fabric of the city. Therefore, there needs to be a dialogue and open debate on the feasibility of the project."The group is holding the first Pune Metro citizen orientation workshop on April 26 at the Moolgavkar Hall in the ICC Centre on Senapati Bapat Road. The Pune Technical Coalition for the Pune Metro, which is a group formed by town planners and architects rooting for the underground metro, is also part of the campaign.According to PMJA officials, the DPR clearly mentions that at least 50 buildings on its route have to be demolished to create the elevated route. "These are private buildings including a portion of Pataleshwar temple on JM Road and several private complexes. But no one has been informed about it," said Deshpande.
About Me
- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
Saturday, April 24, 2010
Friday, April 23, 2010
LEGAL NEWS 23.04.2010
Come clean on income: HC to BCCI, Modi
http://economictimes.indiatimes.com/ET-Cetera/articleshow/5847616.cms
23 Apr 2010, 1141 hrs IST,Swati Deshpande,TNN
MUMBAI: It’s not just the I-T department which is breathing down IPL czar Lalit Modi’s neck. The Bombay high court too got into the act. On Thursday, observing that the matter “requires serious consideration”, the HC delivered a series of bouncers directed at BCCI and Modi to “point out, without fail, their total income so far from the IPL-3 matches played in Maharashtra”, including the income from TV and ad rights and to maintain proper accounts of the remaining matches to be played. “BCCI and Modi are directed to point out the manner in which they are organising the T20 matches and whether they are profiteering from the activities ,” said a bench of Justices P B Majmudar and R G Ketkar. The court also directed the cricket body to produce constitution or Memorandum of Articles of the BCCI as well as IPL and to point out the manner in which these bodies are functioning and whether the BCCI has control over the IPL. The judges spun into action the moment advocate B K Joshi moved a PIL against IPL filed by Shiv Sena MLA Subhash Desai questioning the government’s apathy in collecting entertainment tax, though decided in January 2010, from the BCCI thus causing a loss of “crores of rupees’ ’ to the state exchequer. “The charitable view of the government... requires serious consideration,” said the HC. The judges also remarked that it was a “sorry state of affairs’ ’ that the BCCI and IPL advocate Bhide did not even have a copy of their constitution and that no officer of either body “thought it fit to appear in court to assist’ ’ her. Bhide said, due to the “commotion and the matches”, the officers were busy. “They should have given more importance for the court matter,” the judges remarked. The BCCI lawyer sought time till April 26 to file a reply and get a senior counsel to appear. The government pleader Nalawade denied that no “final decision’ ’ was taken on whether or not to levy an entertainment tax on IPL. The HC directed the state to inform by April 26 whether or not it was interested in doing so now. When Joshi said that, IPL tickets were being sold officially for Rs 40,000 which were then going for up to Rs 1.3 lakh in black, Justice Majmudar looked at the BCCI and IPL lawyer Neha Bhide and said: “We restrict even school fees. Here there is no limit. You have to tell whether IPL is a profiteering body. And it’s not just the income that’s bothering the judges, they also want to know who is paying the huge electricity bills for these matches.”
Gujarat HC comes to rescue of Kesar Sal med students
http://www.dnaindia.com/india/report_gujarat-hc-comes-to-rescue-of-kesar-sal-med-students_1374543
DNA
Friday, April 23, 2010 8:48 IST
Ahmedabad: After five years of litigation, students of the Kesar Sal medical college, whose recognition was discontinued by the Medical Council of India (MCI) in 2005, heaved a sigh of relief on Thursday as the Gujarat high court ensured their recognition in medical studies.
As many as 400 students of the self financed medical college had to endure a series of litigations after they were stranded following closure of the college. A division bench of the Gujarat high court, consisting of chief justice SJ Mukhopadhaya and justice Akil Kureshi, delivered a significant judgment which has paved the way for a bright career for the students.
The court accepted arguments tendered by senior counsel Sudhir Nanavati and Saurin Mehta that, the state government is obligated to provide transfer of students to other recognised institutes if their college's affiliation discontinued by the MCI.
Delivering the order, the bench said, "without intervention of the court perhaps, instead of obtaining MBBS degrees, they would have had nothing further to show beyond passing 12th standard. All along we built an opinion that students were at no fault. We are therefore, of the opinion that for no fault of theirs, several young bright students should not meet with such a cruel fate."
According to the order, the Gujarat University has to give degree certificate of MBBS, once the students complete their studies and internship. They will also consider as eligible, candidates for post graduate courses.
The court further said, the students who are on the verge of completing the course shall be accommodated at BJ and NHL medical colleges for their internship without stipend and they shall be granted recognised degree certificates once they complete the same.
The students othe Kesar Sal college are able to pursue their studies upon an interim high court order. The high court had ordered the formation of a four-member committee to look after the studies of the students and the study facilities be continued in the medical college.
Some of the students are studying in the final years of MBBS and a few have completed their studies and are doing internship in BJ and NHL medical colleges. The court also pointed out in the order that Kesar Sal medical college continue to bear the expenses.
The students had to pursue their studies at Kesar Sal as the authorities of BJ and NHL refused to absorb the students due to lack of infrastructure.
PIL filed in Allahabad HC against IRDA
http://www.moneycontrol.com/news/legal/pil-filedallahabad-hc-against-irda_453165.html
Published on Thu, Apr 22, 2010 at 22:27 Updated at Thu, Apr 22, 2010 at 22:29 Source : CNBC-TV18
A public interest litigation (PIL) has been filed in the Allahabad High Court against the Insurance Regulatory and Development Authority (IRDA), reports CNBC-TV18. The PIL alleges that insurers are guilty of promising high return on unit-linked insurance plans (ULIPs).
The PIL highlights cases of mis-selling of ULIPs and alleges that some insurance companies are indulging in multi-level marketing activities. It has called for stringent regulations of ULIPs.
The PIL alleges that 80% of ULIP policies are lapsing, causing losses. A PIL has already been filed in the Bombay High Court against the Securities Exchange Board of India's (SEBI) order on ULIPs.
Gujarat HC orders probe against senior engineer
http://www.indianexpress.com/news/gujarat-hc-orders-probe-against-senior-engineer/610296/
Express News Service
Posted: Friday , Apr 23, 2010 at 0143 hrs Ahmedabad:
The Gujarat High Court, in a recent judgement, ordered an inquiry against a Deputy Executive Engineer who is facing charges of corruption and not releasing water from a dam under his jurisdiction to some farmers of Jamnagar district.Justice K A Puj ordered the probe to be conducted by an officer not below the rank of a superintendent engineer while acting on a petition by a group of farmers from villages of Dhrol and Jamnagar talukas of the district.According to case details, the farmers had demanded release of water from Und Dam built on the Und river in the region for irrigation. The farmers had also deposited an amount of around Rs 1.42 lakh at the office of the Deputy Executive Engineer for release of water. The farmers’ lawyer S K Patel said that after depositing money the farmers started sowing operation worth lakhs of rupees. However, when the Deputy Executive Engineer did not release the water they made a series of representation for release of the water.
However, the authorities did not release the water as demanded by the farmers. One of the most important reasons for not releasing water from the dam by the authorities was the objection to the release of water by some cultivators.
According to petitioners, those who opposed the release of water were encroachers. Ultimately, the authorities passed an order that water cannot be released due to certain unavoidable circumstances.Challenging this order, the farmers moved the High Court. According to their contention, not releasing water was a motivated effort by the Deputy Executive Engineer who instigated some people living on the riverbed to protest against the release of water. The farmers alleged that the Deputy Executive Engineer had instigated the people to protest against the release of water as petitioner farmers had not paid him Rs 20,000 bribe money demanded by him. Justice K A Puj while disposing off the petition held that under the present circumstances it was not possible to release the water from the dam as demanded by the farmers. The court ordered the authorities to pay them back the amount they had deposited in proportion.Looking at the circumstances under which the water was not released which resulted into heavy loss to the farmers and allegations of corruption against the Deputy Executive Engineer, the court ordered a probe against him. The court also ordered the state government to take steps so that all the persons living on the riverbed or farming there illegally must be removed with immediate effect.
Indian Matrimony Site Awaiting HC Verdict Against Google
http://www.indiajournal.com/pages/event.php?id=10818
Date Submitted: Thu Apr 22, 2010
CHENNAI - Consim India Private Ltd, owners of various matrimonial websites in India, including Bharatmatrimony.com have said they are awaiting the Madras High Court verdict on the case against Google for ‘infringing’ on their trademark.“The talks (between the two firms) have been completed and we are awaiting the verdict. Our contention is that Bharat Matrimony’s trademark should not be used by competitors and Google should not allow it”, Consim India CEO Murugavel Janakirman said.The issue pertains to Google advertisements using Bharatmatrimony’s platform to sell space to its competitors.? Consim contends it has trademarked names like Tamil Matrimony, Telugu Matrimony and as such, Google should not allow advertisements on such trademarks.Consim India has sought an an injunction against Google for not allowing the competition to bid on trademarks of Bharat Matrimony. ??? ??? ???? (PTI)
Teen moves HC against disrespect to National Emblem
http://www.indianexpress.com/news/Teen-moves-HC-against-disrespect-to-National-Emblem/610200
Express News Service
Posted: Friday , Apr 23, 2010 at 0023 hrs Chandigarh:
A 16-year-old girl moved the Punjab and Haryana High Court on Thursday, demanding action against those showing disrespect to the National Emblem. Deepshikha Singh, a resident of Sector 48-A and a student of Class X at the Sacred Heart School, argued in person before a Division Bench comprising Chief Justice Mukul Mudgal and Justice Jasbir Singh.
The division bench appreciated the effort of the girl and issued notices to the Union of India and States of Punjab, Haryana and Chandigarh. Deepshikha, in the public interest litigation (PIL), sought directions to prohibit states from showing disrespect to the National Emblem by using it on number plates of vehicles, which are affixed on bottom of the vehicles, violating the State Emblem of India (Prohibition of Improper use), Act 2005 and Rules. The PIL further demanded directions to the states to prescribe a proper and respectful place on vehicles of dignitaries to affix the National Emblem or any other state or provincial emblem or signia containing National Emblem.
Appreciating the effort, the Chief Justice complimented Deepshikha. On a query, she informed the Court that she had taken a leave from the school to argue the PIL. She clarified that her uncle Ravi Sharma, who is an advocate, helped her in drafting the PIL. The Court made it clear to the girl that she need not skip her school to attend the court, as the case can be argued by her uncle in future. Advocate Ravi Sharma has been appointed as amicus curiae in the case. The litigation expenses for the case will be borne by the state Legal Services Authority, UT.
Quash charges against policemen in Shopian case: CBI tells HC
http://timesofindia.indiatimes.com/india/Quash-charges-against-policemen-in-Shopian-case-CBI-tells-HC/articleshow/5844476.cms
PTI, Apr 22, 2010, 05.12pm IST
SRINAGAR: CBI has again approached the Jammu and Kashmir High Court seeking to dismiss criminal charges against four policemen, including then Shopian Superintendent of Police Javed Mattoo, arrested for alleged destruction of evidence in connection with death of two women. Submitting a fresh affidavit in the High Court recently, the CBI gave details about the lie-detector test conducted on the four police officials and said "no deception was found on their part in reply to any of the questions put to them." Besides Mattoo, the three others who continue to be suspended since July last year are Deputy Superintendent of Police Rohit Basgotra, Station House Officer Shafiq Ahmed and Head Constable Gazi Abdul Kareem. "Further, no criminality could be attributed to anyone of them and as such they have been sought to be discharged from this case," the CBI affidavit said. CBI had approached the High Court in March this year seeking an end to the monitoring of the case by the High Court as the agency had already filed a chargesheet against 13 people including doctors and lawyers. The case relates to death of two women -- Neelofar (22) and Aasiya (17). Their bodies had been found in a stream at Shopian in May last year and the locals alleged that the duo had been murdered after being raped by security forces. Life came to a standstill in the area for nearly 47 days due to protests and the case was handed over to CBI for a probe. The probe agency, in its chargesheet filed before a court in Srinagar, said that Aasiya was a virgin and the death of the two women was due to drowning in the stream where water level was too high on those days. CBI has also contested a letter written by a so-called criminologist on the issue as malafide and gave a para-wise rebuttal of charges levelled against the forensic doctors who had conducted the post-mortem as well as DNA examination. The CBI investigations claimed that doctors in the district hospital had not conducted the port-mortem properly and had in fact fabricated evidence.
CJI likely to take over NHRC chief post
http://www.ptinews.com/news/621929_CJI-likely-to-take-over-NHRC-chief-post
STAFF WRITER 20:27 HRS IST
New Delhi, Apr 22 (PTI) Chief Justice of India K G Balakrishnan is likely to take over as the new Chairperson of the National Human Rights Commission (NHRC), after his retirement on May 12.The post of NHRC chairperson is lying vacant since June 1, 2009 after former Chief Justice of India S Rajendra Babu retired from the post on May 31.Though two other former Chief Justices of India-R C Lahoti and Y K Sabharwal are also eligible for the post, they could not be appointed due to different reasons.As per the provisions of Protection of Human Rights Act, 1993, only a retired CJI below the age of 70 years is eligible for the post, which makes only Justices Lahoti and Sabharwal eligible for the important assignment.
Judges appointment: Govt may get veto
http://timesofindia.indiatimes.com/india/Judges-appointment-Govt-may-get-veto/articleshow/5845248.cms
Dhananjay Mahapatra, TNN, Apr 22, 2010, 08.41pm IST
NEW DELHI: Controversies over a few recommendations relating to appointment of judges to the Supreme Court and high courts sent by the Collegium headed by the Chief Justice of India (CJI) has forced the government to prepare the ground for some radical changes in the procedure in vogue for more than a decade. The recommendation of the Collegium for appointment of Karnataka HC chief justice P D Dinakaran as a judge in the Supreme Court and reiteration of it despite the government pointing out the allegations levelled against him appears to have been the last straw and the government has drafted changes in the Memorandum of Procedure (MoP). The key one among the several changes under consideration before law minister M Veerappa Moily is the one which would for the first time empower the executive to put its foot down when it comes to appointment of judges against whom very serious allegations of corruption and misconduct have been made. Importantly, this would allow the government to turn down a recommendation even if the Collegium reconsiders the objections and reiterates its proposal in favour of a person for elevation to the apex court or appointment to an HC. The existing provisions of the MoP permit the government to raise objections to a proposed name and send the file back for reconsideration by the Collegium. If the Collegium reiterates the proposal, then the government is left with no option but to advise the President to give effect to the recommendation. Though the government is serious about the urgent need for changes in MoP in the post-Dinakaran era, it is careful not to rub the judiciary the wrong way as in the amended draft of MoP it reiterates that the Collegium would always have the primacy in matters relating to appointment of judges to the higher judiciary. It says that the Collegium would always be the initiator of the proposal relating to appointment of judges, which means the onus to select a person and recommend his name to the government would not be diluted in any manner. The change in the MoP could pass the muster as the judiciary has been feeling the heat over a few wrong choices and is finding the criticism too hard to digest. But, given the era of coalition politics, it also feels that ceding ground on appointment could lead to political nominees being pushed for appointment in the higher judiciary. dhananjay.mahapatra@timesgroup.com
Former CJI Bhagwati inducted in Nigerian judicial hall of fame
http://www.businessghana.com/portal/news/index.php?op=getNews&news_cat_id=&id=125930
News Date: 22nd April 2010
Former Chief Justice of India P. N. Bhagwati, who has been inducted into Hall of Fame of top Nigerian judiciary establishment, has asked the African nation government to prevent misuse of power and ensure justice to disadvantaged people."Governments have the chance to ensure rights protection for the disadvantaged sections of the community and to ensure distributive justice to them," 88-year-old Bhagwati said at the honour function here.Bhagwati, who was CJI during 1985-86, became the first person to enter into Hall of Fame of Nigerian Institute of Advance Legal Studies (NIALS) on Wednesday.While calling for justice to all people irrespective of their social or educational background, Bhagwati said in many countries only "well to do" can approach the courts to protect their "vested interest".However, the former CJI said "the have-nots and the handicapped began to feel for the first time that there was an institution to which they could turn for redress against exploitation and injustice."Director General of NIALS Epiphany Azinge said that the institute established the award to honour individuals who have made monumental contributions to law and related disciplines especially areas that impact on humanity."Bhagwati was chosen for his role in recognising the justice in economic and social rights in so many other jurisdictions globally, including Nigeria and has particularly given impetus to the Institute's research in this area," Azinge told PTI.The Nigerian courts were said to be slow in dispensing justice, leading to prisons being congested with detained persons awaiting trial.Governors of Nigerian states yesterday agreed to sign death warrant for the execution of those on death row in order to decongest the prisons.Governor Theodore Orji of South Eastern Abia State noted that 80 per cent prisoners are awaiting trial.The agreement, which is trailed by criticism from human rights groups like Amnesty International, came against the backdrop of a jail break which led to the death of scores of prisoners.
Source: GNA
Apex court gets it right in fourth attempt
http://blog.taragana.com/law/2010/04/22/apex-court-gets-it-right-in-fourth-attempt-21651/
By IANS
April 22nd, 2010
NEW DELHI - Conceding it erred, the Supreme Court has released four Madhya Pradesh natives who were sent to jail by it in November 2008, in a 1991 murder-cum-riot case, without affording them a hearing.
This was the fourth time that the matter came up before the court, as on earlier three occasions the court had failed to resolve the issue related to wrongful imprisonment of the four accused.
A four-judge bench, headed by Chief Justice K.G. Balakrishnan, Wednesday ordered release of Bhoja, Puran, Balveer and Raghubir, conceding that they had been sent to jail without being given an opportunity to have their say in the court proceedings - a serious violation of the principles of natural justice.
When the mistake was pointed out by counsel Aftab Ali Khan for the four accused, the CJI’s bench, which also included Justice S.H. Kapadia, Justice Altmas Kabir and Justice R.V. Raveendran, on April 20 promised to correct the judicial mistake, if committed, in the first week of May.
But following news reports on the queer judicial mistake, the court promptly took up the matter Wednesday and rectified it.
The four - Bhoja, Puran, Balveer and Raghubir - all residents of Negma village of Shivpuri district in Madhya Pradesh were originally convicted by a Shivpuri trial court in October 1991 in a murder-cum-riot case along with four others from the village - Sugar Singh, Laxman, Onkar and Ramesh.
The eight subsequently went in appeal to the Gwalior bench of the Madhya Pradesh High Court, which acquitted them all in January 2003.
This led the state government to move the Supreme Court, challenging the acquittal of four of the eight persons - Sugar Singh, Laxman, Onkar and Ramesh - of murder charges.
But in November 2008, Justice Arijit Pasayat’s bench restored the conviction of all eight, without hearing Bhoja, Puran, Balveer and Raghubir.
They could not get an opportunity to have their say in the court hearings as the state government had not challenged their acquittal and they had not received any notice to appear in the court to defend themselves.
But Justice Pasayat’s bench went on to restore their conviction and 6-year-long sentence on charges of rioting and culpable homicide not amounting to murder, imposed by the Shivpuri sessions court in 1991.
The four eventually surrendered to the court in November 2008 and sought review of its order jailing them. But the court dismissed their review petition, repeating the mistake.
The four subsequently moved the apex court yet again through a curative petition, which was heard by a bench of chief justice and three other judges.
But while deciding the curative petition, the four judge bench ended up ordering release of four others, against whom the state had come in appeal to the court, while virtually forgetting all about the other four, who had been sent behind bar without being heard. This was the mistake committed the third time.
The court eventually corrected the mistake Wednesday in its fourth attempt.
Tribunal reinstates Kerala cop suspended for foreign trip
http://www.thaindian.com/newsportal/uncategorized/tribunal-reinstates-kerala-cop-suspended-for-foreign-trip_100352701.html
April 23rd, 2010 - 6:45 pm ICT by IANS
Kochi, April 23 (IANS) The Central Administrative Tribunal (CAT) Friday stayed the Kerala government’s order that suspended Inspector General of Police (IGP) Tomin J.Thachankary and asked for his immediate reinstatement.The state government last week decided to suspend Thachankary for allegedly going abroad without government authorisation.
The officer approached CAT here with a petition that he was being singled out and was a victim of the ongoing factionalism in the ruling Communist Party of India-Marxist (CPI-M).
He filed another affidavit Thursday, saying six top officials belonging to the Indian Administrative Service (IAS) and Indian Police Service (IPS) also had gone abroad but no action was taken against them after they wrote an apology, but he was being victimised.
Chief Minister V.S. Achuthanandan was adamant that action should be taken against Thachankary for going abroad on leave without taking prior permission.
At Friday’s hearing, counsel for the government pointed out that the officer had gone abroad and after media reports about this, he returned and put in a back dated leave letter.
But Thachankary’s counsel argued that his client had not violated any rule of law and specifically asked the government to show the exact rule that was violated.
Thachankary was suspended after Achuthanandan found out that he had gone abroad. An inquiry determined that he had gone to the Middle East.
CAT has now posted the case for April 28.
'Accident victim can withdraw Rs49 lakh'
http://www.dnaindia.com/mumbai/report_accident-victim-can-withdraw-rs49-lakh_1374105
Hetal Vyas / DNA
Thursday, April 22, 2010 1:17 IST
Mumbai: Shweta Mehta, a 27-year-old ‘who lost her childhood’ following a near-fatal car accident in 1993, can finally look forward to a financially independent life.
Early this week, the Supreme Court allowed Shweta to withdraw Rs49.48 lakh deposited with the Bombay high court by The New India Assurance Company as compensation for the accident that left Shweta paralysed below the waist.
The directives came following a Special Leave Petition by the insurance company, which has challenged the high court order of enhancement of compensation to Shweta.
The high court had, in December, 2009, enhanced the compensation to nearly Rs80 lakh. Shweta, too, had filed a separate appeal in the high court, seeking revised compensation of Rs91 lakh.
A Kolhapur Motor Accidental Tribunal (MACT) had, in August, 2007, awarded her compensation of Rs21.23 lakh, which presently stands at Rs49.48 lakh with interest. The insurance company moved court challenging the order.
The judgment had come as an eye-opener for the insurance company, which had earlier refused to compensate Shweta and had told the court that the accident ‘was in fact a blessing in disguise for her’, as she had only benefited from it.
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Anara Gupta case transfered from NHRC to J-K SHRC
http://www.ptinews.com/news/623190_Anara-Gupta-case-transfered-from-NHRC-to-J-K-SHRC
STAFF WRITER 18:20 HRS IST
New Delhi, Apr 23 (PTI) The sensational Anara Gupta porn CD case has been transferred from NHRC to State Human Rights Commission following Jammu and Kashmir government's plea that the national body did not have jurisdiction to hear the matter.Incidentally, the plea came at a time when the case was in its final stages of hearing before the National Human Rights Commission.Seeking transfer of the case, J&K government said it had its own human rights body to inquire into complaints of rights' violations and to recommend action on such complaints, official sources said.
NHRC pulls up Ghaziabad administration
http://www.thehindu.com/2010/04/18/stories/2010041859370400.htm
J. Balaji
For violation of labour laws by brick kiln owners
District Magistrate directed to take strict action against the violators
‘Workers were tortured and forced to live as bonded labourers in the kiln'
NEW DELHI: The National Human Rights Commission (NHRC) has pulled up the Ghaziabad district administration for its “casual manner” in preparing a report on the implementation of minimum wages to the workers and trying to help the brick kiln owners who violated the labour laws.
In the report, pertaining to a specific case, NHRC found the information provided was “factually incorrect.” It detected that 113 brick kilns were not making payments to the labourers as per the provisions of the Payment of Wages Act, 1936 and Minimum Wages Act, 1948, and directed the District Magistrate (DM) to take strict action against the violators.
The Commission observed: “that the earlier reports submitted before the Commission were conducted in a casual manner and appear to have been prepared in order to help the brick kiln owners.” The labourers of these kilns were neither released nor rehabilitated and packed back to their villages without being paid even their dues. “But this is only a tip of an iceberg, as out of 423 brick kilns in this area of major construction activity, the district administration is yet to inspect 310 brick kilns.” The inspection had to be completed by six months. The case was taken up following a complaint by a worker on December 4, 2008, who alleged that he, his family and fellow workers were not being paid their full salary by their brick kiln owner. When sought they were tortured by the brick kiln owner and their staff and forced to live as bonded labourers in the kiln. Seven children below 14 years were also detained by the owner, he said.
Following this NHRC asked DM to hold an inquiry at the spot for identification of bonded labourers, if any, and release them. However the DM said the kiln was not functioning and no worker was found there.
The complainant however maintained the officer in-charge OP-Pipeline Police Station, Muradnagar, released all the labourers from the kiln without taking any action against the owner. They were also not paid their pending dues.
Later the Commission asked DM to hold an inquiry and also appear in person on February 2, 2010 when another inquiry report submitted by him was also not found satisfactory.
SC asks Govt to fill post of NHRC chief within a month
http://www.merinews.com/article/sc-asks-govt-to-fill-post-of-nhrc-chief-within-a-month/15804740.shtml
It refers to Supreme Court on 20.04.2010 directing Union government to fill post of NHRC chief in four weeks, which is lying vacant now for about a year ever since Justice S Rajender Babu.
CJ: SUBHASH CHANDRA..
Thu, Apr 22, 2010 09:56:32 IST
IT REFERS to Supreme Court on 20.04.2010 directing Union government to fill post of NHRC chief in four weeks, which is lying vacant now for about a year ever since Justice S Rajender Babu retired from the post. This post could not be filled because of only two retired Chief Justices of India eligible for the post, Justice R C Lahoti declined to accept the post while Justice Y K Sabharwal was not considered fit by Union government to be appointed on the important post. This post could otherwise also be practically filled within four weeks even without any Supreme Court direction, with present Chief Justice of India KG Balakrishnan becoming eligible to be appointed as NHRC Chief within this four-week period. But such situations can again arise in future because of a very limited choice for the post from only amongst retired Chief Justices of India.NHRC Act should be amended to widen scope of choice for post of NHRC Chief by making all retired Supreme Court judges and retired Chief Justice of states eligible for the post. Already there is a fine mechanism to check favouritism in such appointment, because the post can only be filled by consensus amongst Prime Minister and Opposition Leader.
http://economictimes.indiatimes.com/ET-Cetera/articleshow/5847616.cms
23 Apr 2010, 1141 hrs IST,Swati Deshpande,TNN
MUMBAI: It’s not just the I-T department which is breathing down IPL czar Lalit Modi’s neck. The Bombay high court too got into the act. On Thursday, observing that the matter “requires serious consideration”, the HC delivered a series of bouncers directed at BCCI and Modi to “point out, without fail, their total income so far from the IPL-3 matches played in Maharashtra”, including the income from TV and ad rights and to maintain proper accounts of the remaining matches to be played. “BCCI and Modi are directed to point out the manner in which they are organising the T20 matches and whether they are profiteering from the activities ,” said a bench of Justices P B Majmudar and R G Ketkar. The court also directed the cricket body to produce constitution or Memorandum of Articles of the BCCI as well as IPL and to point out the manner in which these bodies are functioning and whether the BCCI has control over the IPL. The judges spun into action the moment advocate B K Joshi moved a PIL against IPL filed by Shiv Sena MLA Subhash Desai questioning the government’s apathy in collecting entertainment tax, though decided in January 2010, from the BCCI thus causing a loss of “crores of rupees’ ’ to the state exchequer. “The charitable view of the government... requires serious consideration,” said the HC. The judges also remarked that it was a “sorry state of affairs’ ’ that the BCCI and IPL advocate Bhide did not even have a copy of their constitution and that no officer of either body “thought it fit to appear in court to assist’ ’ her. Bhide said, due to the “commotion and the matches”, the officers were busy. “They should have given more importance for the court matter,” the judges remarked. The BCCI lawyer sought time till April 26 to file a reply and get a senior counsel to appear. The government pleader Nalawade denied that no “final decision’ ’ was taken on whether or not to levy an entertainment tax on IPL. The HC directed the state to inform by April 26 whether or not it was interested in doing so now. When Joshi said that, IPL tickets were being sold officially for Rs 40,000 which were then going for up to Rs 1.3 lakh in black, Justice Majmudar looked at the BCCI and IPL lawyer Neha Bhide and said: “We restrict even school fees. Here there is no limit. You have to tell whether IPL is a profiteering body. And it’s not just the income that’s bothering the judges, they also want to know who is paying the huge electricity bills for these matches.”
Gujarat HC comes to rescue of Kesar Sal med students
http://www.dnaindia.com/india/report_gujarat-hc-comes-to-rescue-of-kesar-sal-med-students_1374543
DNA
Friday, April 23, 2010 8:48 IST
Ahmedabad: After five years of litigation, students of the Kesar Sal medical college, whose recognition was discontinued by the Medical Council of India (MCI) in 2005, heaved a sigh of relief on Thursday as the Gujarat high court ensured their recognition in medical studies.
As many as 400 students of the self financed medical college had to endure a series of litigations after they were stranded following closure of the college. A division bench of the Gujarat high court, consisting of chief justice SJ Mukhopadhaya and justice Akil Kureshi, delivered a significant judgment which has paved the way for a bright career for the students.
The court accepted arguments tendered by senior counsel Sudhir Nanavati and Saurin Mehta that, the state government is obligated to provide transfer of students to other recognised institutes if their college's affiliation discontinued by the MCI.
Delivering the order, the bench said, "without intervention of the court perhaps, instead of obtaining MBBS degrees, they would have had nothing further to show beyond passing 12th standard. All along we built an opinion that students were at no fault. We are therefore, of the opinion that for no fault of theirs, several young bright students should not meet with such a cruel fate."
According to the order, the Gujarat University has to give degree certificate of MBBS, once the students complete their studies and internship. They will also consider as eligible, candidates for post graduate courses.
The court further said, the students who are on the verge of completing the course shall be accommodated at BJ and NHL medical colleges for their internship without stipend and they shall be granted recognised degree certificates once they complete the same.
The students othe Kesar Sal college are able to pursue their studies upon an interim high court order. The high court had ordered the formation of a four-member committee to look after the studies of the students and the study facilities be continued in the medical college.
Some of the students are studying in the final years of MBBS and a few have completed their studies and are doing internship in BJ and NHL medical colleges. The court also pointed out in the order that Kesar Sal medical college continue to bear the expenses.
The students had to pursue their studies at Kesar Sal as the authorities of BJ and NHL refused to absorb the students due to lack of infrastructure.
PIL filed in Allahabad HC against IRDA
http://www.moneycontrol.com/news/legal/pil-filedallahabad-hc-against-irda_453165.html
Published on Thu, Apr 22, 2010 at 22:27 Updated at Thu, Apr 22, 2010 at 22:29 Source : CNBC-TV18
A public interest litigation (PIL) has been filed in the Allahabad High Court against the Insurance Regulatory and Development Authority (IRDA), reports CNBC-TV18. The PIL alleges that insurers are guilty of promising high return on unit-linked insurance plans (ULIPs).
The PIL highlights cases of mis-selling of ULIPs and alleges that some insurance companies are indulging in multi-level marketing activities. It has called for stringent regulations of ULIPs.
The PIL alleges that 80% of ULIP policies are lapsing, causing losses. A PIL has already been filed in the Bombay High Court against the Securities Exchange Board of India's (SEBI) order on ULIPs.
Gujarat HC orders probe against senior engineer
http://www.indianexpress.com/news/gujarat-hc-orders-probe-against-senior-engineer/610296/
Express News Service
Posted: Friday , Apr 23, 2010 at 0143 hrs Ahmedabad:
The Gujarat High Court, in a recent judgement, ordered an inquiry against a Deputy Executive Engineer who is facing charges of corruption and not releasing water from a dam under his jurisdiction to some farmers of Jamnagar district.Justice K A Puj ordered the probe to be conducted by an officer not below the rank of a superintendent engineer while acting on a petition by a group of farmers from villages of Dhrol and Jamnagar talukas of the district.According to case details, the farmers had demanded release of water from Und Dam built on the Und river in the region for irrigation. The farmers had also deposited an amount of around Rs 1.42 lakh at the office of the Deputy Executive Engineer for release of water. The farmers’ lawyer S K Patel said that after depositing money the farmers started sowing operation worth lakhs of rupees. However, when the Deputy Executive Engineer did not release the water they made a series of representation for release of the water.
However, the authorities did not release the water as demanded by the farmers. One of the most important reasons for not releasing water from the dam by the authorities was the objection to the release of water by some cultivators.
According to petitioners, those who opposed the release of water were encroachers. Ultimately, the authorities passed an order that water cannot be released due to certain unavoidable circumstances.Challenging this order, the farmers moved the High Court. According to their contention, not releasing water was a motivated effort by the Deputy Executive Engineer who instigated some people living on the riverbed to protest against the release of water. The farmers alleged that the Deputy Executive Engineer had instigated the people to protest against the release of water as petitioner farmers had not paid him Rs 20,000 bribe money demanded by him. Justice K A Puj while disposing off the petition held that under the present circumstances it was not possible to release the water from the dam as demanded by the farmers. The court ordered the authorities to pay them back the amount they had deposited in proportion.Looking at the circumstances under which the water was not released which resulted into heavy loss to the farmers and allegations of corruption against the Deputy Executive Engineer, the court ordered a probe against him. The court also ordered the state government to take steps so that all the persons living on the riverbed or farming there illegally must be removed with immediate effect.
Indian Matrimony Site Awaiting HC Verdict Against Google
http://www.indiajournal.com/pages/event.php?id=10818
Date Submitted: Thu Apr 22, 2010
CHENNAI - Consim India Private Ltd, owners of various matrimonial websites in India, including Bharatmatrimony.com have said they are awaiting the Madras High Court verdict on the case against Google for ‘infringing’ on their trademark.“The talks (between the two firms) have been completed and we are awaiting the verdict. Our contention is that Bharat Matrimony’s trademark should not be used by competitors and Google should not allow it”, Consim India CEO Murugavel Janakirman said.The issue pertains to Google advertisements using Bharatmatrimony’s platform to sell space to its competitors.? Consim contends it has trademarked names like Tamil Matrimony, Telugu Matrimony and as such, Google should not allow advertisements on such trademarks.Consim India has sought an an injunction against Google for not allowing the competition to bid on trademarks of Bharat Matrimony. ??? ??? ???? (PTI)
Teen moves HC against disrespect to National Emblem
http://www.indianexpress.com/news/Teen-moves-HC-against-disrespect-to-National-Emblem/610200
Express News Service
Posted: Friday , Apr 23, 2010 at 0023 hrs Chandigarh:
A 16-year-old girl moved the Punjab and Haryana High Court on Thursday, demanding action against those showing disrespect to the National Emblem. Deepshikha Singh, a resident of Sector 48-A and a student of Class X at the Sacred Heart School, argued in person before a Division Bench comprising Chief Justice Mukul Mudgal and Justice Jasbir Singh.
The division bench appreciated the effort of the girl and issued notices to the Union of India and States of Punjab, Haryana and Chandigarh. Deepshikha, in the public interest litigation (PIL), sought directions to prohibit states from showing disrespect to the National Emblem by using it on number plates of vehicles, which are affixed on bottom of the vehicles, violating the State Emblem of India (Prohibition of Improper use), Act 2005 and Rules. The PIL further demanded directions to the states to prescribe a proper and respectful place on vehicles of dignitaries to affix the National Emblem or any other state or provincial emblem or signia containing National Emblem.
Appreciating the effort, the Chief Justice complimented Deepshikha. On a query, she informed the Court that she had taken a leave from the school to argue the PIL. She clarified that her uncle Ravi Sharma, who is an advocate, helped her in drafting the PIL. The Court made it clear to the girl that she need not skip her school to attend the court, as the case can be argued by her uncle in future. Advocate Ravi Sharma has been appointed as amicus curiae in the case. The litigation expenses for the case will be borne by the state Legal Services Authority, UT.
Quash charges against policemen in Shopian case: CBI tells HC
http://timesofindia.indiatimes.com/india/Quash-charges-against-policemen-in-Shopian-case-CBI-tells-HC/articleshow/5844476.cms
PTI, Apr 22, 2010, 05.12pm IST
SRINAGAR: CBI has again approached the Jammu and Kashmir High Court seeking to dismiss criminal charges against four policemen, including then Shopian Superintendent of Police Javed Mattoo, arrested for alleged destruction of evidence in connection with death of two women. Submitting a fresh affidavit in the High Court recently, the CBI gave details about the lie-detector test conducted on the four police officials and said "no deception was found on their part in reply to any of the questions put to them." Besides Mattoo, the three others who continue to be suspended since July last year are Deputy Superintendent of Police Rohit Basgotra, Station House Officer Shafiq Ahmed and Head Constable Gazi Abdul Kareem. "Further, no criminality could be attributed to anyone of them and as such they have been sought to be discharged from this case," the CBI affidavit said. CBI had approached the High Court in March this year seeking an end to the monitoring of the case by the High Court as the agency had already filed a chargesheet against 13 people including doctors and lawyers. The case relates to death of two women -- Neelofar (22) and Aasiya (17). Their bodies had been found in a stream at Shopian in May last year and the locals alleged that the duo had been murdered after being raped by security forces. Life came to a standstill in the area for nearly 47 days due to protests and the case was handed over to CBI for a probe. The probe agency, in its chargesheet filed before a court in Srinagar, said that Aasiya was a virgin and the death of the two women was due to drowning in the stream where water level was too high on those days. CBI has also contested a letter written by a so-called criminologist on the issue as malafide and gave a para-wise rebuttal of charges levelled against the forensic doctors who had conducted the post-mortem as well as DNA examination. The CBI investigations claimed that doctors in the district hospital had not conducted the port-mortem properly and had in fact fabricated evidence.
CJI likely to take over NHRC chief post
http://www.ptinews.com/news/621929_CJI-likely-to-take-over-NHRC-chief-post
STAFF WRITER 20:27 HRS IST
New Delhi, Apr 22 (PTI) Chief Justice of India K G Balakrishnan is likely to take over as the new Chairperson of the National Human Rights Commission (NHRC), after his retirement on May 12.The post of NHRC chairperson is lying vacant since June 1, 2009 after former Chief Justice of India S Rajendra Babu retired from the post on May 31.Though two other former Chief Justices of India-R C Lahoti and Y K Sabharwal are also eligible for the post, they could not be appointed due to different reasons.As per the provisions of Protection of Human Rights Act, 1993, only a retired CJI below the age of 70 years is eligible for the post, which makes only Justices Lahoti and Sabharwal eligible for the important assignment.
Judges appointment: Govt may get veto
http://timesofindia.indiatimes.com/india/Judges-appointment-Govt-may-get-veto/articleshow/5845248.cms
Dhananjay Mahapatra, TNN, Apr 22, 2010, 08.41pm IST
NEW DELHI: Controversies over a few recommendations relating to appointment of judges to the Supreme Court and high courts sent by the Collegium headed by the Chief Justice of India (CJI) has forced the government to prepare the ground for some radical changes in the procedure in vogue for more than a decade. The recommendation of the Collegium for appointment of Karnataka HC chief justice P D Dinakaran as a judge in the Supreme Court and reiteration of it despite the government pointing out the allegations levelled against him appears to have been the last straw and the government has drafted changes in the Memorandum of Procedure (MoP). The key one among the several changes under consideration before law minister M Veerappa Moily is the one which would for the first time empower the executive to put its foot down when it comes to appointment of judges against whom very serious allegations of corruption and misconduct have been made. Importantly, this would allow the government to turn down a recommendation even if the Collegium reconsiders the objections and reiterates its proposal in favour of a person for elevation to the apex court or appointment to an HC. The existing provisions of the MoP permit the government to raise objections to a proposed name and send the file back for reconsideration by the Collegium. If the Collegium reiterates the proposal, then the government is left with no option but to advise the President to give effect to the recommendation. Though the government is serious about the urgent need for changes in MoP in the post-Dinakaran era, it is careful not to rub the judiciary the wrong way as in the amended draft of MoP it reiterates that the Collegium would always have the primacy in matters relating to appointment of judges to the higher judiciary. It says that the Collegium would always be the initiator of the proposal relating to appointment of judges, which means the onus to select a person and recommend his name to the government would not be diluted in any manner. The change in the MoP could pass the muster as the judiciary has been feeling the heat over a few wrong choices and is finding the criticism too hard to digest. But, given the era of coalition politics, it also feels that ceding ground on appointment could lead to political nominees being pushed for appointment in the higher judiciary. dhananjay.mahapatra@timesgroup.com
Former CJI Bhagwati inducted in Nigerian judicial hall of fame
http://www.businessghana.com/portal/news/index.php?op=getNews&news_cat_id=&id=125930
News Date: 22nd April 2010
Former Chief Justice of India P. N. Bhagwati, who has been inducted into Hall of Fame of top Nigerian judiciary establishment, has asked the African nation government to prevent misuse of power and ensure justice to disadvantaged people."Governments have the chance to ensure rights protection for the disadvantaged sections of the community and to ensure distributive justice to them," 88-year-old Bhagwati said at the honour function here.Bhagwati, who was CJI during 1985-86, became the first person to enter into Hall of Fame of Nigerian Institute of Advance Legal Studies (NIALS) on Wednesday.While calling for justice to all people irrespective of their social or educational background, Bhagwati said in many countries only "well to do" can approach the courts to protect their "vested interest".However, the former CJI said "the have-nots and the handicapped began to feel for the first time that there was an institution to which they could turn for redress against exploitation and injustice."Director General of NIALS Epiphany Azinge said that the institute established the award to honour individuals who have made monumental contributions to law and related disciplines especially areas that impact on humanity."Bhagwati was chosen for his role in recognising the justice in economic and social rights in so many other jurisdictions globally, including Nigeria and has particularly given impetus to the Institute's research in this area," Azinge told PTI.The Nigerian courts were said to be slow in dispensing justice, leading to prisons being congested with detained persons awaiting trial.Governors of Nigerian states yesterday agreed to sign death warrant for the execution of those on death row in order to decongest the prisons.Governor Theodore Orji of South Eastern Abia State noted that 80 per cent prisoners are awaiting trial.The agreement, which is trailed by criticism from human rights groups like Amnesty International, came against the backdrop of a jail break which led to the death of scores of prisoners.
Source: GNA
Apex court gets it right in fourth attempt
http://blog.taragana.com/law/2010/04/22/apex-court-gets-it-right-in-fourth-attempt-21651/
By IANS
April 22nd, 2010
NEW DELHI - Conceding it erred, the Supreme Court has released four Madhya Pradesh natives who were sent to jail by it in November 2008, in a 1991 murder-cum-riot case, without affording them a hearing.
This was the fourth time that the matter came up before the court, as on earlier three occasions the court had failed to resolve the issue related to wrongful imprisonment of the four accused.
A four-judge bench, headed by Chief Justice K.G. Balakrishnan, Wednesday ordered release of Bhoja, Puran, Balveer and Raghubir, conceding that they had been sent to jail without being given an opportunity to have their say in the court proceedings - a serious violation of the principles of natural justice.
When the mistake was pointed out by counsel Aftab Ali Khan for the four accused, the CJI’s bench, which also included Justice S.H. Kapadia, Justice Altmas Kabir and Justice R.V. Raveendran, on April 20 promised to correct the judicial mistake, if committed, in the first week of May.
But following news reports on the queer judicial mistake, the court promptly took up the matter Wednesday and rectified it.
The four - Bhoja, Puran, Balveer and Raghubir - all residents of Negma village of Shivpuri district in Madhya Pradesh were originally convicted by a Shivpuri trial court in October 1991 in a murder-cum-riot case along with four others from the village - Sugar Singh, Laxman, Onkar and Ramesh.
The eight subsequently went in appeal to the Gwalior bench of the Madhya Pradesh High Court, which acquitted them all in January 2003.
This led the state government to move the Supreme Court, challenging the acquittal of four of the eight persons - Sugar Singh, Laxman, Onkar and Ramesh - of murder charges.
But in November 2008, Justice Arijit Pasayat’s bench restored the conviction of all eight, without hearing Bhoja, Puran, Balveer and Raghubir.
They could not get an opportunity to have their say in the court hearings as the state government had not challenged their acquittal and they had not received any notice to appear in the court to defend themselves.
But Justice Pasayat’s bench went on to restore their conviction and 6-year-long sentence on charges of rioting and culpable homicide not amounting to murder, imposed by the Shivpuri sessions court in 1991.
The four eventually surrendered to the court in November 2008 and sought review of its order jailing them. But the court dismissed their review petition, repeating the mistake.
The four subsequently moved the apex court yet again through a curative petition, which was heard by a bench of chief justice and three other judges.
But while deciding the curative petition, the four judge bench ended up ordering release of four others, against whom the state had come in appeal to the court, while virtually forgetting all about the other four, who had been sent behind bar without being heard. This was the mistake committed the third time.
The court eventually corrected the mistake Wednesday in its fourth attempt.
Tribunal reinstates Kerala cop suspended for foreign trip
http://www.thaindian.com/newsportal/uncategorized/tribunal-reinstates-kerala-cop-suspended-for-foreign-trip_100352701.html
April 23rd, 2010 - 6:45 pm ICT by IANS
Kochi, April 23 (IANS) The Central Administrative Tribunal (CAT) Friday stayed the Kerala government’s order that suspended Inspector General of Police (IGP) Tomin J.Thachankary and asked for his immediate reinstatement.The state government last week decided to suspend Thachankary for allegedly going abroad without government authorisation.
The officer approached CAT here with a petition that he was being singled out and was a victim of the ongoing factionalism in the ruling Communist Party of India-Marxist (CPI-M).
He filed another affidavit Thursday, saying six top officials belonging to the Indian Administrative Service (IAS) and Indian Police Service (IPS) also had gone abroad but no action was taken against them after they wrote an apology, but he was being victimised.
Chief Minister V.S. Achuthanandan was adamant that action should be taken against Thachankary for going abroad on leave without taking prior permission.
At Friday’s hearing, counsel for the government pointed out that the officer had gone abroad and after media reports about this, he returned and put in a back dated leave letter.
But Thachankary’s counsel argued that his client had not violated any rule of law and specifically asked the government to show the exact rule that was violated.
Thachankary was suspended after Achuthanandan found out that he had gone abroad. An inquiry determined that he had gone to the Middle East.
CAT has now posted the case for April 28.
'Accident victim can withdraw Rs49 lakh'
http://www.dnaindia.com/mumbai/report_accident-victim-can-withdraw-rs49-lakh_1374105
Hetal Vyas / DNA
Thursday, April 22, 2010 1:17 IST
Mumbai: Shweta Mehta, a 27-year-old ‘who lost her childhood’ following a near-fatal car accident in 1993, can finally look forward to a financially independent life.
Early this week, the Supreme Court allowed Shweta to withdraw Rs49.48 lakh deposited with the Bombay high court by The New India Assurance Company as compensation for the accident that left Shweta paralysed below the waist.
The directives came following a Special Leave Petition by the insurance company, which has challenged the high court order of enhancement of compensation to Shweta.
The high court had, in December, 2009, enhanced the compensation to nearly Rs80 lakh. Shweta, too, had filed a separate appeal in the high court, seeking revised compensation of Rs91 lakh.
A Kolhapur Motor Accidental Tribunal (MACT) had, in August, 2007, awarded her compensation of Rs21.23 lakh, which presently stands at Rs49.48 lakh with interest. The insurance company moved court challenging the order.
The judgment had come as an eye-opener for the insurance company, which had earlier refused to compensate Shweta and had told the court that the accident ‘was in fact a blessing in disguise for her’, as she had only benefited from it.
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Anara Gupta case transfered from NHRC to J-K SHRC
http://www.ptinews.com/news/623190_Anara-Gupta-case-transfered-from-NHRC-to-J-K-SHRC
STAFF WRITER 18:20 HRS IST
New Delhi, Apr 23 (PTI) The sensational Anara Gupta porn CD case has been transferred from NHRC to State Human Rights Commission following Jammu and Kashmir government's plea that the national body did not have jurisdiction to hear the matter.Incidentally, the plea came at a time when the case was in its final stages of hearing before the National Human Rights Commission.Seeking transfer of the case, J&K government said it had its own human rights body to inquire into complaints of rights' violations and to recommend action on such complaints, official sources said.
NHRC pulls up Ghaziabad administration
http://www.thehindu.com/2010/04/18/stories/2010041859370400.htm
J. Balaji
For violation of labour laws by brick kiln owners
District Magistrate directed to take strict action against the violators
‘Workers were tortured and forced to live as bonded labourers in the kiln'
NEW DELHI: The National Human Rights Commission (NHRC) has pulled up the Ghaziabad district administration for its “casual manner” in preparing a report on the implementation of minimum wages to the workers and trying to help the brick kiln owners who violated the labour laws.
In the report, pertaining to a specific case, NHRC found the information provided was “factually incorrect.” It detected that 113 brick kilns were not making payments to the labourers as per the provisions of the Payment of Wages Act, 1936 and Minimum Wages Act, 1948, and directed the District Magistrate (DM) to take strict action against the violators.
The Commission observed: “that the earlier reports submitted before the Commission were conducted in a casual manner and appear to have been prepared in order to help the brick kiln owners.” The labourers of these kilns were neither released nor rehabilitated and packed back to their villages without being paid even their dues. “But this is only a tip of an iceberg, as out of 423 brick kilns in this area of major construction activity, the district administration is yet to inspect 310 brick kilns.” The inspection had to be completed by six months. The case was taken up following a complaint by a worker on December 4, 2008, who alleged that he, his family and fellow workers were not being paid their full salary by their brick kiln owner. When sought they were tortured by the brick kiln owner and their staff and forced to live as bonded labourers in the kiln. Seven children below 14 years were also detained by the owner, he said.
Following this NHRC asked DM to hold an inquiry at the spot for identification of bonded labourers, if any, and release them. However the DM said the kiln was not functioning and no worker was found there.
The complainant however maintained the officer in-charge OP-Pipeline Police Station, Muradnagar, released all the labourers from the kiln without taking any action against the owner. They were also not paid their pending dues.
Later the Commission asked DM to hold an inquiry and also appear in person on February 2, 2010 when another inquiry report submitted by him was also not found satisfactory.
SC asks Govt to fill post of NHRC chief within a month
http://www.merinews.com/article/sc-asks-govt-to-fill-post-of-nhrc-chief-within-a-month/15804740.shtml
It refers to Supreme Court on 20.04.2010 directing Union government to fill post of NHRC chief in four weeks, which is lying vacant now for about a year ever since Justice S Rajender Babu.
CJ: SUBHASH CHANDRA..
Thu, Apr 22, 2010 09:56:32 IST
IT REFERS to Supreme Court on 20.04.2010 directing Union government to fill post of NHRC chief in four weeks, which is lying vacant now for about a year ever since Justice S Rajender Babu retired from the post. This post could not be filled because of only two retired Chief Justices of India eligible for the post, Justice R C Lahoti declined to accept the post while Justice Y K Sabharwal was not considered fit by Union government to be appointed on the important post. This post could otherwise also be practically filled within four weeks even without any Supreme Court direction, with present Chief Justice of India KG Balakrishnan becoming eligible to be appointed as NHRC Chief within this four-week period. But such situations can again arise in future because of a very limited choice for the post from only amongst retired Chief Justices of India.NHRC Act should be amended to widen scope of choice for post of NHRC Chief by making all retired Supreme Court judges and retired Chief Justice of states eligible for the post. Already there is a fine mechanism to check favouritism in such appointment, because the post can only be filled by consensus amongst Prime Minister and Opposition Leader.
LEGAL NEWS 22.04.2010
Web column Regulatory turf wars
http://www.business-standard.com/india/news/web-columnregulatory-turf-wars/392705/
Krishnava Dutt / New Delhi April 22, 2010, 15:22 IST
The jurisdictional war over Ulips between Sebi and Irda is not the first conflict between regulators and certainly not the last that we will be witnessing. With the establishment of the Competition Commission of India (CCI) under the Competition Act, 2002 and with enough teeth being given to it to cover all sectors of the economy and impose paralysing penalties, conflicts between the CCI and sector regulators are set to become a common feature in the days to come.
The overarching reach of the Act is further emphasised by section 60 thereof which states that the provisions of the Act will have effect notwithstanding anything inconsistent contained in any other law. However, section 62 states that the provisions shall be in addition to and not in derogation of the provisions of any other law.
On one hand CCI has the mandate to regulate competition issues across sectors and on the other hand, various industries in India are subject to specific regulatory control. Some of the sector regulators include the CERC/SERCs, PNGRB, Sebi, RBI, Trai, Irda and Airports Economic Regulatory Authority, all established under their respective statutes. Most sector regulators have been given the express mandate to regulate competition in their spheres. Even if such power has not been given expressly, it can be implied from the extensive powers given to some regulators. Though turf wars among sector regulators are not new in this country, the entry of the CCI adds a whole new dimension to this battle.
Already there are tensions between the RBI and the CCI over the issue of merger control among banks. While CCI seeks to control mergers across sectors including banking, RBI is unwilling to share its turf with the CCI. In the electricity sector, CCI is probing into allegations of abuse of dominance by power distribution companies in Delhi. It has been reported that CCI has issued notices to distribution companies alleging that they have been installing faulty meters and overcharging their customers. The CCI intends to commence investigations into allegations by the MCX Stock Exchange that NSE has been abusing its dominant position by waiving transaction fee on currency derivatives. The CCI, therefore, has been very proactive across sectors and sooner or later conflicts between the CCI and sector regulators are bound to emerge.
The legislature has tried to resolve the conflict by introducing provisions which allow cross referral of issues between the CCI and other regulators. A harmonious co-existence among the regulators is therefore envisaged. Significantly, the opinions of the CCI and the statutory authority are not binding on the other.
This discussion becomes even more interesting if one examines the other regulatory legislations. The Electricity Act, 2003 provides that the appropriate commission may issue such directions as it considers appropriate to a licensee or a generating company if it enters into any agreement or abuses its dominant position or enters into a combination which is likely to cause or causes and adverse effect on competition in electricity industry. The Electricity Act also contains provisions similar to sections 60 and 62 of the Competition Act. We, therefore, have two legislations with a non-obstante clause, both covering the same area. Applying principles of statutory interpretation, it may be argued that the non-obstante clause in the subsequent enactment i.e. the Electricity Act, 2003 should prevail over the previous enactment i.e. the Competition Act. Another principle of statutory interpretation is to determine the ‘general’ and ‘special’ legislation, as a ‘special’ legislation will prevail over a ‘general’ legislation. The Supreme Court has, however, held that the above tests are merely illustrative and by no means should they be considered as exhaustive. It is for the court, when it is called upon to resolve such conflict, to harmoniously interpret the provisions of both the competing statutes and give effect to one over the other. Though enactments such as the PNGRB Act, Irda Act and Trai Act do not contain such non-obstante provisions, there is still scope for confusion as far as jurisdictional issues are concerned. Interestingly, the Trai Act and the AERA Act make an exception for matters which are under the purview of the MRTP Commission and the Competition Act respectively.
The current framework, therefore, does not provide an adequate solution to the impending problem. The real purpose of preventing anti-competitive practices will be lost if the regulators who have been given the power to prevent such practices enter into a turf war among themselves. One possible way of addressing the problem is to clearly delineate the regulatory functions and assign the functions among regulators. This has been suggested by Unctad (2006) as a possible method for resolving conflicting mandates. For example technical regulatory tasks can be assigned to the sector regulators while pure competition issues can be left to the CCI. In theory this seems like an ideal solution, but in practice trying to define and dissect functions will have its own set of problems.
Giving exclusive jurisdiction to either regulator is a possible solution, but highly inefficient. Though competition authorities have the expertise in the subject, the sector regulators have sector specific technical competence necessary, which competition authorities may lack, to determine a particular case. At the same time, sector regulators may not have the adequate training to deal with pure competition law issues. Therefore, an efficient way of resolving the conflict is to ensure that while deciding on a case involving a particular sector, apart from competition authorities, technical experts from that sectors be also mandatorily involved. The composition of the CCI, being itself considered as an expert body, may be such that it includes sector regulators as well. Alternatively, the CCI may look at entering into separate agreements with other regulators to clearly enunciate the procedure to be followed in a case involving that particular sector and in respect of which both the regulators are entitled to exercise jurisdiction.
India may learn a few tricks from the UK where Competition Act, 1998 gives concurrent powers to the Office of Fair Trading (OFT) and sector regulators for communications matters, gas, electricity, water and sewerage, railway and air traffic services in enforcing anti-competitive agreements and abuse of dominance provisions. UK has enacted the Competition Act (Concurrency) Regulations, 2004 which contains provisions for the co-ordination of the performance by the OFT and the regulators of their concurrent functions. The OFT and the regulators are required to consult with each other before acting on a case where it appears that they may have concurrent jurisdiction. If no agreement can be reached, then matter is referred to the Secretary of State. Double jeopardy is prevented because simultaneous exercise of jurisdiction by more than one authority in relation to a case is prohibited. Interestingly, an appeal from both the OFT and the sector regulators lies to the competition appellate tribunal.
It is clear that unless the government takes a proactive measure, jurisdictional conflicts are bound to surface and perhaps, as in the conflict between the SEBI and IRDA in the Ulips issue, it will be left to the courts to finally resolve the conflicts as and when they will arise in future.
The author is Managing Partner, Argus Partners, Advocates. Views expressed are personal.
Doctors recruitment scam: K.P.S. Gill files lawsuit
http://www.southasiamail.com/news.php?id=64603
Chandigarh, April 21 (IANS) Former Punjab police chief K.P.S. Gill Tuesday filed a public interest litigation (PIL) in the Punjab and Haryana High Court in connection with allegations of malpractices in the recruitment of doctors in the state. In March, media reports had highlighted irregularities in the recruitment of doctors made recently by the Punjab Public Service Commission (PPSC). "After this scam was highlighted in PPSC, exposing corruption and favouritism in the selection of 312 doctors, Punjab chief minister had ordered an inquiry and asked state chief secretary S.C. Aggarwal to submit an inquiry report within 30 days," Anupam Gupta, counsel for Gill, said here. "Despite the passing of more than a month no such report has been submitted or has been brought to light in the public domain. In our PIL we have sought replies in this connection from the government," he said. There are allegations that 45 doctors were interviewed by the PPSC within minutes and selected for government jobs. However, earlier a Punjab government spokesperson said that over 19,000 teachers had been recruited and there had not been a single complaint in any of the appointments made.
DLF, IPL remove `Building India' from pitch
http://timesofindia.indiatimes.com/city/lucknow/DLF-IPL-remove-Building-India-from-pitch/articleshow/5841945.cms
TNN, Apr 22, 2010, 05.31am IST
LUCKNOW: DLF and IPL on Wednesday apprised the high court of removing the caption `Building India' from both sides of bowlers run up as well as at the place of presentation ceremony of cricket grounds where T-20 matches are being played. In this view, a division bench of the HC comprising acting Chief Justice Amitava Lala and Justice Ritu Raj Awasthi dismissed a PIL as the grievance no longer remained. The PIL had termed painting of name of the country at cricket grounds during T-20 matches as insulting as the players walked on the name of the country during matches.
Parents plan fight to take on private schools' might
http://www.dnaindia.com/mumbai/report_parents-plan-fight-to-take-on-private-schools-might_1374103
Priya Ramakrishnan / DNA
Thursday, April 22, 2010 1:13 IST
Mumbai: In order to fight private schools over “exorbitant” fee hikes, parents’ associations from across the country are planning to come under one umbrella and file a PIL in the Supreme Court.
Last week, over 20 representatives of various associations mulled coming under the Forum for Fairness in Education, a parent-teacher organisation registered in Maharashtra.
The forum, which has local chapters in Raigad, Thane, Pune, Amravati and Nanded, will be the apex body with local chapters in other parts of the country, such as Delhi, Kanpur, Bangalore, Ghaziabad and Faridabad.
Jayant Jain, president of Forum for Fairness in Education, Mumbai, said: “The objective of becoming a part of one organisation is to ensure that parents can effectively deal with the malpractices in private unaided schools.”
Bipin Arora, general secretary of Summerfield School Parent Association, South Delhi, said: “In Delhi, we are fighting private schools which have bogus parent-teacher associations.”
The local chapters will help parents in a particular state know about issues in other states.
Rajinder Katoch, general secretary, Green Fields School Parents Welfare Association, Delhi, said: “We can refer to the laws or court orders passed by other states and fight a case against private schools. Currently, there is no united parent body to fight against private schools. It becomes expensive for individual associations to pay litigation charges, which are anything between Rs50,000 to Rs1 lakh. With a single parent organisation, we can pool in money and resources and not let the expenses pinch us.”
The local chapters plan to file PIL in the Supreme Court within two months after discussing problems faced by parents from other states.
Why isn't Shivaji Park a 'silence zone': Bombay high court
http://www.dnaindia.com/mumbai/report_why-isn-t-shivaji-park-a-silence-zone-bombay-high-court_1374108
Hetal Vyas / DNA
Thursday, April 22, 2010 1:26 IST
Mumbai: The Brihanmumbai Municipal Corporation (BMC) has irked the Bombay high court by not declaring Shivaji Park as silence zone.
The court on Wednesday directed municipal commissioner Swadheen Khsatriya to file a personal affidavit explaining why it had not been done.
Taking note of a PIL, filed by Wecom trust and two local residents, the court said that there were several educational institutions, hospitals and religious structures in the vicinity of Shivaji Park.
“Any area falling within 100 metres around educational institutions and hospitals should be noted as a silence zone. It is a law made by you, and you have to enforce your own law,” a division bench of justice FI Rebello and justice Mridula Bhatkar said.
The PIL has demanded that Shivaji Park be declared a ‘silence zone’, and all kinds of ‘non-sporting’ activities be banned from the park.
G Pai, assistant commissioner of G ward, filed an affidavit saying that the area surrounding the Bal Mohan Vidyalaya had been declared as silence zone. The BMC counsel too told the court, “Shivaji Park is quite a big area and several parts of it have been marked as silence zones.”
The court, however, insisted that the municipal commissioner (the highest ranking officer in the BMC) should file a personal affidavit explaining the reasons for not giving Shivaji Park the ‘silence zone’ tag.
How much income earned from T-20 matches, Bombay HC asks BCCI & IPL
http://economictimes.indiatimes.com/news/politics/nation/How-much-income-earned-from-T-20-matches-Bombay-HC-asks-BCCI--IPL/articleshow/5844483.cms
22 Apr 2010, 1713 hrs IST,PTI
MUMBAI: The Bombay High Court on Thursday asked Cricket Board and IPL to give information regarding the income generated from the T-20 matches
played in Maharashtra. The High Court also asked the BCCI to inform how it controls the IPL. The information is to be provided by Board of Control for Cricket in India (BCCI) and Indian Premier League (IPL) on April 26. The Court directive came in response to a PIL filed by Subhash Desai, Shiv Sena MLA, alleging the state was not collecting entertainment tax from IPL, resulting in loss of revenue to the exchequer.
PIL against insurance cos for ULIP `fraud'
http://timesofindia.indiatimes.com/city/lucknow/PIL-against-insurance-cos-for-ULIP-fraud/articleshow/5841955.cms
TNN, Apr 22, 2010, 05.27am IST
LUCKNOW: In a public interest litigation (PIL) filed with the high court, a lawyer has charged insurance companies of fleecing people of their hard-earned money through unit linked insurance policies (ULIPs). The PIL comes after the insurance regulatory and development authority (IRDA) allegedly failed to protect the interests of the insured persons despite an order by the Securities and Exchange Board of India (SEBI) issued with the aim to check malpractice by insurance companies. Besides prominent insurance companies, the PIL makes the IRDA also a respondent, charging the regulatory authority of being "most unsympathetic" towards complaints of policy holders with a grievance. In fact, "when it comes to protecting the interests of insurance companies," IRDA "is most proactive", the PIL alleges. The PIL gives as an example the IRDA order to defy the ban of SEBI and continue selling ULIPs. The PIL claims that the sale of ULIP is in violation of sub-section (11) of section (2) of the insurance Act, 1938 because ULIP contracts are based on share market fluctuations which are not a contract upon human life. Charging IRDA of being "hand-in-glove" with the insurance companies, the PIL brings to the court's notice certain cases in which insurance companies had duped the insured persons, one a doctor, another a scientist and even a lawyer. The PIL primarily requests the court to issue an order commanding insurance companies not to sell any ULIPs and IRDA not to approve any new ULIP. The PIL also requests that the Union government institute a committee to thoroughly investigate the fraud committed by private life insurers along with the role of IRDA on complaints against insurance companies.
Lawyers to file PIL in murder case
http://www.telegraphindia.com/1100422/jsp/nation/story_12366614.jsp
OUR CORRESPONDENT
Cuttack, April 21: The Orissa State Bar Council has decided to take the PIL route against police apathy in investigating the sensational murder of Kalicharan Pradhan, a lawyer of Baripada in Mayurbhanj district.
Bar Council chairman Gopal Krushna Mohanty said the decision was taken at a special meeting yesterday to discuss the demands of the Mayurbhanj District Bar Association. The body has been agitating for two months in connection with the murder.
The octogenarian lawyer was found dead on February 8 at his house at Kumbharmundakata village under Bangriposi police station, about 27km from Baripada town.
The district bar association had demanded identification of the culprits involved in the murder of the lawyer. They also called for a dawn-to-dusk bandh on April 6 to protest against police failure to achieve a breakthrough in the case.
Defamation case: Bihar court takes cognizance of Asaram Bapu’s role
http://blog.taragana.com/law/2010/04/22/defamation-case-bihar-court-takes-cognizance-of-asaram-bapus-role-21644/
By ANI
April 22nd, 2010
PATNA - A Bihar court on Thursday taken cognizance of spiritual guru Asaram Bapu and two others role in connection with a defamation case lodged by the Bihar State Religious Trust Board.
Judicial Magistrate Divya Vashishtha took cognizance of the charges against Asaram Bapu, Swami Narendra Goswami and Jai Kumar Singh under various sections of the Indian Penal Code (IPC).
The court would decide on issuing summons to Asaram Bapu on April 24.
In March 2009, Board’s Administrator Kishore Kunal had lodged a complaint in the court against the three persons, accusing them of organising a procession and using unparliamentary language to tarnish his image.
Kunal had alleged that Bapu’s men had assaulted police officials and Board staff when they had gone to execute a court order to free the property of Bhikhamdas Ram Janki Thakurwadi Kadamkuan here from forcible occupation of Bapu and his men on May 4, 2009. (ANI)
Parent writes to HC over domicile rule
http://timesofindia.indiatimes.com/city/nagpur/Parent-writes-to-HC-over-domicile-rule/articleshow/5842484.cms
Vaibhav Ganjapure, TNN, Apr 22, 2010, 06.28am IST
NAGPUR: The Maharashtra government’s controversial move to change domicile norms for admissions to engineering and other courses to benefit sons-of-the-soil has found its way to the Nagpur bench of Bombay High Court. Meanwhile, a Thane-based aggrieved father has written a letter to the HC judge praying for quashing of the new rule to save the academic careers of thousands of promising students. A division bench of justices Dilip Sinha and FM Reis on Wednesday adjourned till April 29 hearing on the petition filed by city-based lawyer GC Singh challenging the government move. Government pleader Nitin Sambre had sought time to take instructions from higher authorities. Meanwhile, Kingusuk Kumar Mondal, working with a private firm as joint vice-president, cited a TOI report of April 16 published in Mumbai in his letter to the judge. “We hope that you will understand the mental agony my daughter is undergoing along with thousands of similarly affected students and parents. The change in conditions of domicile is against the fundamental right of Indian citizens, which will spoil children’s career,” he mentioned in the letter citing opinion expressed by Pune-based legal expert A Sarode. A copy of Mondal’s letter is in possession of TOI. It states that due to his transferable job, his daughter had to study in Madhya Pradesh, then Andhra Pradesh and finally Maharashtra. She secured an impressive 93.8% in SSC and was expecting similar results in HSC examination. However, she received a shock when the MHT-CET-2010 brochure said she was ineligible for centralised admission process (CAP) for admission to engineering courses in government or aided colleges. She is now eligible to take admission only in management quota of a private college, which means exorbitant fees. Mondal said he and other parents could not bear education in private institutes. He also claimed that his daughter is already under depression as she apprehends that she would not be able to pursue her dream career despite working hard.
MPSC scam: accused moves HC
http://www.indianexpress.com/news/MPSC-scam--accused-moves-HC/609546/
Express News Service
Posted: Thursday , Apr 22, 2010 at 2334 hrs Mumbai:
An accused in the MPSC scam, Dr Tukaram Shiware, has moved the Bombay High Court seeking to quash a second chargesheet filed against him in 2006.
Dr Shiware, who was a member of the Maharashtra Public Service Commission from 1994 to 2000, sought the quashing of the chargesheet since it has been merged with an earlier chargesheet of 2002 which was quashed by the High Court in October 2009.
His lawyer Samir Vaidya contended before Justice Kanade that since the first proceedings had been quashed, the second case merged with the earlier one could not survive.
The petition states that after the High Court quashed the first case, Shiware had moved a special court seeking discharge from the second case. The special court, however, rejected his application.
Shiware stated that the special judge erred in rejecting the application as the second chargesheet was also filed based on the same witness’s statement.
It’s further contended that petitioner cannot be prosecuted twice for the same offence since the same witnesses are relied upon. Due to this, the FIR is liable to be quashed, especially in the absence of sanction for prosecution as the petitioner is a government servant, contended his lawyer.
Shiware urged the court to call for the records and quash the case until which time the proceedings should be stayed. The court has now directed the state government to file a reply within two weeks.
Muslim woman has right to maintenance, says HC
http://timesofindia.indiatimes.com/city/lucknow/Muslim-woman-has-right-to-maintenance-says-HC-/articleshow/5841944.cms
Ravi Singh Sisodiya, TNN, Apr 22, 2010, 05.32am IST
LUCKNOW: Lucknow Bench of the Allahabad high court, in a significant judgment, has ruled that a Muslim woman is entitled for maintenance pending litigation as well as payment of cost of litigation under the Family Courts Act, 1984. A division bench comprising Justice Devi Prasad Singh and Justice S C Chaurasia, while elaborating the Right to Life and the Right to Livelihood guaranteed under Article 21 of the Constitution of India observed -- "In case wife is suffering from paucity of funds or is unable to maintain herself or she has got no sufficient means for livelihood, then, the court in a pending suit for restitution of conjugal rights, has got ample powers to direct for payment of maintenance in pursuance to the powers conferred under section 151 of the Code of Civil Procedure". Needless to say that right to life and livelihood does not need animal living but quality of life suiting to the status of the person concerned, said the Bench adding that the provisions of the Family Court Act, a Central legislation, shall be applicable to family disputes of every citizen, whoever they be, ignoring their caste, creed or religion. The court further ruled that the maintenance provided under the Protection of Women from Domestic Violence Act, 2005 is in addition to other legislations. While ruling in favour of Muslim married lady, the Bench drew analogy from Act, 2005 where the Parliament deals with the situation with regard to plight of women without differentiating on the basis of caste, creed or religion. Brushing aside the Personal Law, the Bench clarified the philosophy of the Constitution saying -- "The statutory protection granted by Parliament is to meet out the requirement of Article 21. Accordingly, even if there is no statutory provision, temporary injunction may be granted or an order may be passed by the family court for payment of maintenance, including cost of litigation, without discriminating among women of the country on any basis''. The ruling which may have far-reaching effects on interpretation of Muslim Personal Law came from the high court as Samaun Khan, a Faizabad resident challenged principal judge family court, Faizabad, order whereby it had provided Rs 800 per month as maintenance during proceedings of restitution of conjugal rights case filed by him and Rs 5,000 as the cost of litigation to his wife, Roshni Parveen. The couple had married on November 23, 2005 but separated on December 22, 2007 due to differences and a bitter relationship. As Samaun filed a suit for restitution of conjugal rights, Roshni sought maintenance pendente-lite and cost of litigation. The principal judge awarded maintenance to Roshni but Samaun challenged the principal judge order in the HC on the ground that it was against Muslim Personal Law.
HC to hear FMC-CERC dispute over electricity futures jurisdiction
http://economictimes.indiatimes.com/markets/commodities/HC-to-hear-FMC-CERC-dispute-over-electricity-futures-jurisdiction/articleshow/5841923.cms
22 Apr 2010, 0059 hrs IST,Ram N Sahgal & Almas Meherally,ET Bureau
MUMBAI: The department of legal affairs in a note last year had said that the Central Electricity Regulatory Commission (CERC) appears to have “erroneously” assumed jurisdiction in dealing with the matter of regulating electricity futures. The note may assume significance in light of the ongoing FMC and CERC feud in the Bombay High Court over the jurisdiction of electricity futures. Commodity exchange MCX is a respondent in FMC’s petition and has also independently filed a petition in February against CERC. The cases are listed for hearing on Thursday. MCX has sought FMC’s permission to launch trading of electricity futures on its platform. The department had said last June that the order of CERC “may be challenged before the high court” after the FMC’s parent ministry, ministry of consumer affairs, sought its advice on the issue. In April 2009, in response to a complaint by NSE and NCDEX-promoted Power Exchange India (PXIL), CERC passed an order to the effect that it had jurisdiction for regulating all trading in electricity. In its closing arguments last Thursday, the HC reportedly suggested that it would be more appropriate, if the government sorted out the issue regarding the regulation of futures contracts relating to electricity. The department of legal affairs’ note, highlights a number of functions over which CERC has regulatory jurisdiction under Section 79 (1) of the Electricity Act, 2003, and said “...it appears that CERC has erroneously assumed jurisdiction in dealing with the matter...” “In view of the department of legal affairs’ note, the court will have to decide the issue of jurisdiction regarding futures contracts in electricity,” said Cherag Balsara, counsel for MCX. When contacted, Aspi Chenoy, who is appearing for CERC, declined to comment. The CERC’s main point of contention on why it should regulate futures in electricity is that futures contracts need not just be cash settled, where there is no delivery of the underlier, but can also be mandatorily settled by way of physical delivery. According to the regulator, it is well settled that futures contracts in international markets impact the spot price because of the presence of arbitrageurs, who seek to bridge any price gap between spot and futures markets. It also said that allowing speculation in electricity would be akin to placing commercial interests over consumers’ interests were the prices to rise. The FMC’s argument, according to a person privy to the case, is that under the FCRA Act of 1952 futures trading in electricity vests with it and MCX, which is registered with FMC, can offer such contracts on its trading platform. Further, the futures contracts of electricity would be cash settled and not involve delivery. The government has taken a similar line in the spat between the insurance and capital markets regulators over Ulips by saying that the tussle should be settled after both parties obtain a view from the courts.
Andhra HC stays Tirupati gold-plating plan
http://indiatoday.intoday.in/site/Story/93973/India/Andhra+HC+stays+Tirupati+gold-plating+plan.html
A. Srinivasa Rao
Hyderabad, April 22, 2010
The Andhra Pradesh High Court on Wednesday stayed the gold-plating project of the Lord Venkateshwara temple at Tirumala in Tirupati.
A division bench gave the order on a petition filed by Raghava Reddy of Hyderabad. The bench has directed the Tirupati Tirumala Devasthanam (TTD), the temple authority, to file its counter within four weeks.
The petitioner argued that the goldplating project - "Ananda Nilayam-Ananta Swarnamayam" - would damage the centuries-old inscriptions on the temple walls. These inscriptions in Telugu, Kannada and Tamil, and the images of gods and goddesses are from the time of the Vijayanagara Empire, he stated.
"If these walls are gold- plated, the people won't be able to view these inscriptions and ancient images," Reddy stated.
The project has also faced resistance from purists, particularly the BJP and the Janata Party. A petition filed by Janata Party president Dr Subramanian Swamy is pending before the HC. Swamy argued that such projects served the personal agenda of some individuals who had no respect for traditional values. "Any interference with the basic structure of the temple should not be allowed," he said.
Other purists argue that the project interfered with the temple structure.
Differences have also cropped up within the temple board over the viability of the multi-crore project.
TTD chairman D.K. Adikesavulu Naidu, the brain behind the project, asserted that all precautions were being taken to preserve the wall inscriptions.
"We have taken the consent of agama pundits before embarking on this project. All the ancient writings and epigraphically valuable texts on the temple walls are being digitised," Naidu said.
Dismissed Kasab lawyer moves HC against judge
http://www.expressindia.com/latest-news/dismissed-kasab-lawyer-moves-hc-against-judge/609506/
Mustafa Plumber
Posted: Apr 22, 2010 at 2304 hrs IST
Mumbai Lawyer Abbas Kazmi today moved a contempt petition in the High Court against 26/11 trial judge M L Tahaliyani, who had sacked him as terrorist Ajmal Kasab’s defence counsel on charges of non-cooperation and purposely delaying the trial.
Kazmi has urged the High Court to take suo motu cognisance and action against Tahaliyani under section 15(1) of the Contempt of Court Act.
The presentation of evidence and arguments in the 26/11 case are over and the judge has reserved the judgment for May 3. Kazmi says in his plea, “The facts of the complaint should not be taken as a reflection on the merits or legality of the proceedings of the trial and no part of the petition should be taken advantage of by any accused.”
The special court had given Kazmi the brief on April 16, 2009, at a fee of Rs 2,500 per day, and sacked him on November 30. The judge had called him a liar when he said he was not aware of the affidavits handed over to him by the Crime Branch.
Kazmi had requested the court to ask the prosecution to first move an application for tendering the formal evidence in court before he could reply how many witnesses he would cross-examine. Kazmi says the judge, instead of rejecting his plea or accepting the prosecution’s stand, dismissed him, “which is unheard of in any trial”. He questioned the court’s right to do so.
Kazmi says he has not yet got a certified copy of his removal order, nor has the Advocate General replied to an application for his consent before filing the contempt petition.
In his plea, Kazmi says Judge Tahaliyani, by “humiliating” him in court, has “committed contempt of his own court as well as the High Court”. He said Tahaliyani has lowered the dignity of the entire legal system. He added that the prosecution and sometimes the judge tarnished his image by terming him a “terrorist lawyer”.
HC to state: Provide alternate shelter to people staying on government land prior to 1991
http://www.indianexpress.com/news/hc-to-state-provide-alternate-shelter-to-people-staying-on-government-land-prior-to-1991/609753/
Express News Service
Posted: Thursday , Apr 22, 2010 at 0319 hrs Ahmedabad:
The Gujarat High Court observed that people, who have been staying in houses on government land prior to 1991, should be given alternate accommodation in case the settlement has to be evicted for any public purpose.
A Division Bench headed by the Chief Justice made oral observations to this effect on Wednesday, while acting on a petition filed by 266 families of Khodiyar Nagar in Ghatlodia area.
The families have challenged the government move to demolish their homes without providing them alternate accommodation.
They had earlier filed a petition before a single judge bench, seeking directions for the authorities to stop the eviction till the time alternate accommodation is provided. The petitioners had made the Ahmedabad Municipal Corporation, the District Collector and the state government as respondents in the petition. The bench had rejected the plea.
Subsequently, the petitioners had filed an appeal against the order before the Division Bench. On Wednesday, opposing the petition, the government counsel said that some residents f Khodiyar Nagar have “illegally” constructed more than one room in the locality and are collecting rent.
To this, Chief Justice S J Mukhopadhyaya observed that families living in the rented rooms should also be considered for alternate accommodation, if they are living there prior to 1991.
Counsel of the petitioners, Sudhir Nanavati, said the court has stayed eviction of all families staying in Khodiyar Nagar since 1991.
The next hearing has been fixed for May 11.
HC for panel to look into Gurjjars’ quota demand
http://www.financialexpress.com/news/hc-for-panel-to-look-into-gurjjars-quota-demand/607416/
Apurva Posted: Saturday, Apr 17, 2010 at 2155 hrs ISTUpdated: Saturday, Apr 17, 2010 at 2155 hrs IST
Jaipur: The Rajasthan High Court on Friday directed the state government to appoint a committee to look into the agitating Gurjjars’ demand for reservation.
A Divisional Bench of Chief Justice JC Bhalla and Justice MN Bhandari passed the order on a PIL filed by JP Dadeech. “The court directed the government to constitute a committee led by a retired HC judge to look into the Gurjjars’ demand for reservation. The court has also asked the government to appraise it of security precautions taken,” said Dadeech’s counsel RP Garg. He said the committee will have a parliamentarian, a bureaucrat, a member of the Bar Association and Gurjjar community leaders as its members.
Dadeech had filed the PIL 15 days ago to seek details of the security precautions taken by the state to prevent untoward incidents during the current agitation. “My client maintains that there have been agitations like this twice, both of which ended in a breakdown of civil life and destruction of public property. The PIL was filed to prevent such incidents,” Garg said. The HC, Garg added, has now directed the state to take action against anyone who breaks the law.
Gurjjar leaders are, however, not reading much into the judgement. “This particular hearing was over a PIL and does not concern another case that deals with the implementation of 5% reservation for Gurjjars. Our agitation will continue,” said a senior Gurjjar leader.
Meanwhile, Kirori Singh Bainsla, who is spearheading the agitation for reservation, said their protest march towards Jaipur would continue despite the government inviting him for another round of dialogue.
The march reached Sikandra in Dausa district on Friday, around 70 km from Jaipur. The march started from Hindaun on Tuesday and is expected to enter the state capital in three days.
Ex-CJI's sons pay Rs 89.75cr to buy Delhi house
http://timesofindia.indiatimes.com/city/delhi/Ex-CJIs-sons-pay-Rs-8975cr-to-buy-Delhi-house/articleshow/5842262.cms
TNN, Apr 22, 2010, 04.12am IST
NEW DELHI: Chetan Sabharwal and Nitin Sabharwal, the two sons of former chief justice of India Y K Sabharwal, have bought half of one of the most premium residential properties, 7 Sikandra Road, in the heart of Lutyens' Delhi. The other half of the property has been bought by the promoter and MD of real estate company BPTP, Kabul Chawla. The total deal is worth Rs 117 crore. On Tuesday, the Sabharwal brothers and Chawla together paid Rs 89.75 crore as part payment for the property. "Kabul Chawla has purchased 50% of this residential property in his personal capacity. This is not a joint property,"said a spokesperson in Kabul Chawla's office. It means that the Sabharwal brothers will have to pay separately Rs 58.5 crore to complete the deal. The name of Chetan Sabharwal and Nitin Sabharwal had cropped up earlier for running their businesses from the then CJI’s official residence. Also, the government had while responding to an RTI application in April 2009 revealed that the CBI was investigating allotment of a piece of land in Noida to Sabharwal's daughter-in-law. The income-tax department is also investigating a South Delhi land deal by the Sabharwal brothers. The part payment of Rs 89.75 crore for the 7 Sikandra Road bungalow deal has been made by the Sabharwal brothers and Chawla with the approval of a single-judge bench of Delhi high court. In fact, Triveni Infrastructure had bought the 2.70-acre property for Rs 117 crore in 2008 in a court supervised auction. Triveni paid Rs 29.25 crore — 25% of the total amount — upfront. But, it could not pay the rest — Rs 89.75 crore — on the due date. Instead of paying the rest of the amount, Triveni Infrastructure filed a suit in the court praying that another company, Angle Infrabuild Private Ltd, be allowed to pay the balance with a penalty of Rs 5 crore. But as some of the original co-owners opposed the request, the court did not accept the offer. Meanwhile, the Sabharwal brothers approached the court saying they would pay the balance amount of Rs 89.75 crore of the original deal. Following the payment made by them, the court ordered execution of the sale deed in the name of the Sabharwal brothers and their associate. The rest of the amount — Rs 29.25 crore — which was paid by Triveni Infrastructure in 2008 will also be paid by the new set of buyers.
To beat ash cloud, CJI took 700km road trip
http://timesofindia.indiatimes.com/india/To-beat-ash-cloud-CJI-took-700km-road-trip/articleshow/5841474.cms
Dhananjay Mahapatra, TNN, Apr 22, 2010, 01.48am IST
NEW DELHI: Chief Justice K G Balakrishnan's quick decision to hit the road --from Minsk in Poland to Moscow in Russia -- helped him escape the dark clouds of volcanic ash from Eyjafjallajokull glacier in Iceland which grounded flights in Europe. By the time he got over with his speech at an international conference of chief justices on April 16, he was informed that Minsk airport was closed because of the volcanic ash clouds. Acting fast, Justice Balakrishnan, who was scheduled to hear important matters in Supreme Court on Monday, requested the Indian ambassador to arrange for a car to take him to Moscow, a good 700 km away. There was no certainty of getting a flight from Moscow to New Delhi as the ash clouds were getting closer to the airport with every passing hour but the CJI was game for the gruelling 12-hour journey and take his chance. He did beat the ash clouds and reach Moscow in time to catch virtually the last flight home and he was presiding over a Bench in Chief Justice's court on Monday and disposing of cases. He was lucky because on Monday, Moscow airport got paralysed with 277 flights getting cancelled and 77 posponed leaving over 2 lakh passengers stranded. But one of the top lawyers of the country, Harish Salve, had no such luck and has been grounded in London since the last one week. He was scheduled to come back to India to argue cases by Friday but the ash clouds left him with little choice but to remain in London as the airport there was rendered non-functional. Many cases he was to argue, which would have earned him fees in lakhs of rupees, had to be adjourned. dhananjay.mahapatra@timesgroup.com
http://www.business-standard.com/india/news/web-columnregulatory-turf-wars/392705/
Krishnava Dutt / New Delhi April 22, 2010, 15:22 IST
The jurisdictional war over Ulips between Sebi and Irda is not the first conflict between regulators and certainly not the last that we will be witnessing. With the establishment of the Competition Commission of India (CCI) under the Competition Act, 2002 and with enough teeth being given to it to cover all sectors of the economy and impose paralysing penalties, conflicts between the CCI and sector regulators are set to become a common feature in the days to come.
The overarching reach of the Act is further emphasised by section 60 thereof which states that the provisions of the Act will have effect notwithstanding anything inconsistent contained in any other law. However, section 62 states that the provisions shall be in addition to and not in derogation of the provisions of any other law.
On one hand CCI has the mandate to regulate competition issues across sectors and on the other hand, various industries in India are subject to specific regulatory control. Some of the sector regulators include the CERC/SERCs, PNGRB, Sebi, RBI, Trai, Irda and Airports Economic Regulatory Authority, all established under their respective statutes. Most sector regulators have been given the express mandate to regulate competition in their spheres. Even if such power has not been given expressly, it can be implied from the extensive powers given to some regulators. Though turf wars among sector regulators are not new in this country, the entry of the CCI adds a whole new dimension to this battle.
Already there are tensions between the RBI and the CCI over the issue of merger control among banks. While CCI seeks to control mergers across sectors including banking, RBI is unwilling to share its turf with the CCI. In the electricity sector, CCI is probing into allegations of abuse of dominance by power distribution companies in Delhi. It has been reported that CCI has issued notices to distribution companies alleging that they have been installing faulty meters and overcharging their customers. The CCI intends to commence investigations into allegations by the MCX Stock Exchange that NSE has been abusing its dominant position by waiving transaction fee on currency derivatives. The CCI, therefore, has been very proactive across sectors and sooner or later conflicts between the CCI and sector regulators are bound to emerge.
The legislature has tried to resolve the conflict by introducing provisions which allow cross referral of issues between the CCI and other regulators. A harmonious co-existence among the regulators is therefore envisaged. Significantly, the opinions of the CCI and the statutory authority are not binding on the other.
This discussion becomes even more interesting if one examines the other regulatory legislations. The Electricity Act, 2003 provides that the appropriate commission may issue such directions as it considers appropriate to a licensee or a generating company if it enters into any agreement or abuses its dominant position or enters into a combination which is likely to cause or causes and adverse effect on competition in electricity industry. The Electricity Act also contains provisions similar to sections 60 and 62 of the Competition Act. We, therefore, have two legislations with a non-obstante clause, both covering the same area. Applying principles of statutory interpretation, it may be argued that the non-obstante clause in the subsequent enactment i.e. the Electricity Act, 2003 should prevail over the previous enactment i.e. the Competition Act. Another principle of statutory interpretation is to determine the ‘general’ and ‘special’ legislation, as a ‘special’ legislation will prevail over a ‘general’ legislation. The Supreme Court has, however, held that the above tests are merely illustrative and by no means should they be considered as exhaustive. It is for the court, when it is called upon to resolve such conflict, to harmoniously interpret the provisions of both the competing statutes and give effect to one over the other. Though enactments such as the PNGRB Act, Irda Act and Trai Act do not contain such non-obstante provisions, there is still scope for confusion as far as jurisdictional issues are concerned. Interestingly, the Trai Act and the AERA Act make an exception for matters which are under the purview of the MRTP Commission and the Competition Act respectively.
The current framework, therefore, does not provide an adequate solution to the impending problem. The real purpose of preventing anti-competitive practices will be lost if the regulators who have been given the power to prevent such practices enter into a turf war among themselves. One possible way of addressing the problem is to clearly delineate the regulatory functions and assign the functions among regulators. This has been suggested by Unctad (2006) as a possible method for resolving conflicting mandates. For example technical regulatory tasks can be assigned to the sector regulators while pure competition issues can be left to the CCI. In theory this seems like an ideal solution, but in practice trying to define and dissect functions will have its own set of problems.
Giving exclusive jurisdiction to either regulator is a possible solution, but highly inefficient. Though competition authorities have the expertise in the subject, the sector regulators have sector specific technical competence necessary, which competition authorities may lack, to determine a particular case. At the same time, sector regulators may not have the adequate training to deal with pure competition law issues. Therefore, an efficient way of resolving the conflict is to ensure that while deciding on a case involving a particular sector, apart from competition authorities, technical experts from that sectors be also mandatorily involved. The composition of the CCI, being itself considered as an expert body, may be such that it includes sector regulators as well. Alternatively, the CCI may look at entering into separate agreements with other regulators to clearly enunciate the procedure to be followed in a case involving that particular sector and in respect of which both the regulators are entitled to exercise jurisdiction.
India may learn a few tricks from the UK where Competition Act, 1998 gives concurrent powers to the Office of Fair Trading (OFT) and sector regulators for communications matters, gas, electricity, water and sewerage, railway and air traffic services in enforcing anti-competitive agreements and abuse of dominance provisions. UK has enacted the Competition Act (Concurrency) Regulations, 2004 which contains provisions for the co-ordination of the performance by the OFT and the regulators of their concurrent functions. The OFT and the regulators are required to consult with each other before acting on a case where it appears that they may have concurrent jurisdiction. If no agreement can be reached, then matter is referred to the Secretary of State. Double jeopardy is prevented because simultaneous exercise of jurisdiction by more than one authority in relation to a case is prohibited. Interestingly, an appeal from both the OFT and the sector regulators lies to the competition appellate tribunal.
It is clear that unless the government takes a proactive measure, jurisdictional conflicts are bound to surface and perhaps, as in the conflict between the SEBI and IRDA in the Ulips issue, it will be left to the courts to finally resolve the conflicts as and when they will arise in future.
The author is Managing Partner, Argus Partners, Advocates. Views expressed are personal.
Doctors recruitment scam: K.P.S. Gill files lawsuit
http://www.southasiamail.com/news.php?id=64603
Chandigarh, April 21 (IANS) Former Punjab police chief K.P.S. Gill Tuesday filed a public interest litigation (PIL) in the Punjab and Haryana High Court in connection with allegations of malpractices in the recruitment of doctors in the state. In March, media reports had highlighted irregularities in the recruitment of doctors made recently by the Punjab Public Service Commission (PPSC). "After this scam was highlighted in PPSC, exposing corruption and favouritism in the selection of 312 doctors, Punjab chief minister had ordered an inquiry and asked state chief secretary S.C. Aggarwal to submit an inquiry report within 30 days," Anupam Gupta, counsel for Gill, said here. "Despite the passing of more than a month no such report has been submitted or has been brought to light in the public domain. In our PIL we have sought replies in this connection from the government," he said. There are allegations that 45 doctors were interviewed by the PPSC within minutes and selected for government jobs. However, earlier a Punjab government spokesperson said that over 19,000 teachers had been recruited and there had not been a single complaint in any of the appointments made.
DLF, IPL remove `Building India' from pitch
http://timesofindia.indiatimes.com/city/lucknow/DLF-IPL-remove-Building-India-from-pitch/articleshow/5841945.cms
TNN, Apr 22, 2010, 05.31am IST
LUCKNOW: DLF and IPL on Wednesday apprised the high court of removing the caption `Building India' from both sides of bowlers run up as well as at the place of presentation ceremony of cricket grounds where T-20 matches are being played. In this view, a division bench of the HC comprising acting Chief Justice Amitava Lala and Justice Ritu Raj Awasthi dismissed a PIL as the grievance no longer remained. The PIL had termed painting of name of the country at cricket grounds during T-20 matches as insulting as the players walked on the name of the country during matches.
Parents plan fight to take on private schools' might
http://www.dnaindia.com/mumbai/report_parents-plan-fight-to-take-on-private-schools-might_1374103
Priya Ramakrishnan / DNA
Thursday, April 22, 2010 1:13 IST
Mumbai: In order to fight private schools over “exorbitant” fee hikes, parents’ associations from across the country are planning to come under one umbrella and file a PIL in the Supreme Court.
Last week, over 20 representatives of various associations mulled coming under the Forum for Fairness in Education, a parent-teacher organisation registered in Maharashtra.
The forum, which has local chapters in Raigad, Thane, Pune, Amravati and Nanded, will be the apex body with local chapters in other parts of the country, such as Delhi, Kanpur, Bangalore, Ghaziabad and Faridabad.
Jayant Jain, president of Forum for Fairness in Education, Mumbai, said: “The objective of becoming a part of one organisation is to ensure that parents can effectively deal with the malpractices in private unaided schools.”
Bipin Arora, general secretary of Summerfield School Parent Association, South Delhi, said: “In Delhi, we are fighting private schools which have bogus parent-teacher associations.”
The local chapters will help parents in a particular state know about issues in other states.
Rajinder Katoch, general secretary, Green Fields School Parents Welfare Association, Delhi, said: “We can refer to the laws or court orders passed by other states and fight a case against private schools. Currently, there is no united parent body to fight against private schools. It becomes expensive for individual associations to pay litigation charges, which are anything between Rs50,000 to Rs1 lakh. With a single parent organisation, we can pool in money and resources and not let the expenses pinch us.”
The local chapters plan to file PIL in the Supreme Court within two months after discussing problems faced by parents from other states.
Why isn't Shivaji Park a 'silence zone': Bombay high court
http://www.dnaindia.com/mumbai/report_why-isn-t-shivaji-park-a-silence-zone-bombay-high-court_1374108
Hetal Vyas / DNA
Thursday, April 22, 2010 1:26 IST
Mumbai: The Brihanmumbai Municipal Corporation (BMC) has irked the Bombay high court by not declaring Shivaji Park as silence zone.
The court on Wednesday directed municipal commissioner Swadheen Khsatriya to file a personal affidavit explaining why it had not been done.
Taking note of a PIL, filed by Wecom trust and two local residents, the court said that there were several educational institutions, hospitals and religious structures in the vicinity of Shivaji Park.
“Any area falling within 100 metres around educational institutions and hospitals should be noted as a silence zone. It is a law made by you, and you have to enforce your own law,” a division bench of justice FI Rebello and justice Mridula Bhatkar said.
The PIL has demanded that Shivaji Park be declared a ‘silence zone’, and all kinds of ‘non-sporting’ activities be banned from the park.
G Pai, assistant commissioner of G ward, filed an affidavit saying that the area surrounding the Bal Mohan Vidyalaya had been declared as silence zone. The BMC counsel too told the court, “Shivaji Park is quite a big area and several parts of it have been marked as silence zones.”
The court, however, insisted that the municipal commissioner (the highest ranking officer in the BMC) should file a personal affidavit explaining the reasons for not giving Shivaji Park the ‘silence zone’ tag.
How much income earned from T-20 matches, Bombay HC asks BCCI & IPL
http://economictimes.indiatimes.com/news/politics/nation/How-much-income-earned-from-T-20-matches-Bombay-HC-asks-BCCI--IPL/articleshow/5844483.cms
22 Apr 2010, 1713 hrs IST,PTI
MUMBAI: The Bombay High Court on Thursday asked Cricket Board and IPL to give information regarding the income generated from the T-20 matches
played in Maharashtra. The High Court also asked the BCCI to inform how it controls the IPL. The information is to be provided by Board of Control for Cricket in India (BCCI) and Indian Premier League (IPL) on April 26. The Court directive came in response to a PIL filed by Subhash Desai, Shiv Sena MLA, alleging the state was not collecting entertainment tax from IPL, resulting in loss of revenue to the exchequer.
PIL against insurance cos for ULIP `fraud'
http://timesofindia.indiatimes.com/city/lucknow/PIL-against-insurance-cos-for-ULIP-fraud/articleshow/5841955.cms
TNN, Apr 22, 2010, 05.27am IST
LUCKNOW: In a public interest litigation (PIL) filed with the high court, a lawyer has charged insurance companies of fleecing people of their hard-earned money through unit linked insurance policies (ULIPs). The PIL comes after the insurance regulatory and development authority (IRDA) allegedly failed to protect the interests of the insured persons despite an order by the Securities and Exchange Board of India (SEBI) issued with the aim to check malpractice by insurance companies. Besides prominent insurance companies, the PIL makes the IRDA also a respondent, charging the regulatory authority of being "most unsympathetic" towards complaints of policy holders with a grievance. In fact, "when it comes to protecting the interests of insurance companies," IRDA "is most proactive", the PIL alleges. The PIL gives as an example the IRDA order to defy the ban of SEBI and continue selling ULIPs. The PIL claims that the sale of ULIP is in violation of sub-section (11) of section (2) of the insurance Act, 1938 because ULIP contracts are based on share market fluctuations which are not a contract upon human life. Charging IRDA of being "hand-in-glove" with the insurance companies, the PIL brings to the court's notice certain cases in which insurance companies had duped the insured persons, one a doctor, another a scientist and even a lawyer. The PIL primarily requests the court to issue an order commanding insurance companies not to sell any ULIPs and IRDA not to approve any new ULIP. The PIL also requests that the Union government institute a committee to thoroughly investigate the fraud committed by private life insurers along with the role of IRDA on complaints against insurance companies.
Lawyers to file PIL in murder case
http://www.telegraphindia.com/1100422/jsp/nation/story_12366614.jsp
OUR CORRESPONDENT
Cuttack, April 21: The Orissa State Bar Council has decided to take the PIL route against police apathy in investigating the sensational murder of Kalicharan Pradhan, a lawyer of Baripada in Mayurbhanj district.
Bar Council chairman Gopal Krushna Mohanty said the decision was taken at a special meeting yesterday to discuss the demands of the Mayurbhanj District Bar Association. The body has been agitating for two months in connection with the murder.
The octogenarian lawyer was found dead on February 8 at his house at Kumbharmundakata village under Bangriposi police station, about 27km from Baripada town.
The district bar association had demanded identification of the culprits involved in the murder of the lawyer. They also called for a dawn-to-dusk bandh on April 6 to protest against police failure to achieve a breakthrough in the case.
Defamation case: Bihar court takes cognizance of Asaram Bapu’s role
http://blog.taragana.com/law/2010/04/22/defamation-case-bihar-court-takes-cognizance-of-asaram-bapus-role-21644/
By ANI
April 22nd, 2010
PATNA - A Bihar court on Thursday taken cognizance of spiritual guru Asaram Bapu and two others role in connection with a defamation case lodged by the Bihar State Religious Trust Board.
Judicial Magistrate Divya Vashishtha took cognizance of the charges against Asaram Bapu, Swami Narendra Goswami and Jai Kumar Singh under various sections of the Indian Penal Code (IPC).
The court would decide on issuing summons to Asaram Bapu on April 24.
In March 2009, Board’s Administrator Kishore Kunal had lodged a complaint in the court against the three persons, accusing them of organising a procession and using unparliamentary language to tarnish his image.
Kunal had alleged that Bapu’s men had assaulted police officials and Board staff when they had gone to execute a court order to free the property of Bhikhamdas Ram Janki Thakurwadi Kadamkuan here from forcible occupation of Bapu and his men on May 4, 2009. (ANI)
Parent writes to HC over domicile rule
http://timesofindia.indiatimes.com/city/nagpur/Parent-writes-to-HC-over-domicile-rule/articleshow/5842484.cms
Vaibhav Ganjapure, TNN, Apr 22, 2010, 06.28am IST
NAGPUR: The Maharashtra government’s controversial move to change domicile norms for admissions to engineering and other courses to benefit sons-of-the-soil has found its way to the Nagpur bench of Bombay High Court. Meanwhile, a Thane-based aggrieved father has written a letter to the HC judge praying for quashing of the new rule to save the academic careers of thousands of promising students. A division bench of justices Dilip Sinha and FM Reis on Wednesday adjourned till April 29 hearing on the petition filed by city-based lawyer GC Singh challenging the government move. Government pleader Nitin Sambre had sought time to take instructions from higher authorities. Meanwhile, Kingusuk Kumar Mondal, working with a private firm as joint vice-president, cited a TOI report of April 16 published in Mumbai in his letter to the judge. “We hope that you will understand the mental agony my daughter is undergoing along with thousands of similarly affected students and parents. The change in conditions of domicile is against the fundamental right of Indian citizens, which will spoil children’s career,” he mentioned in the letter citing opinion expressed by Pune-based legal expert A Sarode. A copy of Mondal’s letter is in possession of TOI. It states that due to his transferable job, his daughter had to study in Madhya Pradesh, then Andhra Pradesh and finally Maharashtra. She secured an impressive 93.8% in SSC and was expecting similar results in HSC examination. However, she received a shock when the MHT-CET-2010 brochure said she was ineligible for centralised admission process (CAP) for admission to engineering courses in government or aided colleges. She is now eligible to take admission only in management quota of a private college, which means exorbitant fees. Mondal said he and other parents could not bear education in private institutes. He also claimed that his daughter is already under depression as she apprehends that she would not be able to pursue her dream career despite working hard.
MPSC scam: accused moves HC
http://www.indianexpress.com/news/MPSC-scam--accused-moves-HC/609546/
Express News Service
Posted: Thursday , Apr 22, 2010 at 2334 hrs Mumbai:
An accused in the MPSC scam, Dr Tukaram Shiware, has moved the Bombay High Court seeking to quash a second chargesheet filed against him in 2006.
Dr Shiware, who was a member of the Maharashtra Public Service Commission from 1994 to 2000, sought the quashing of the chargesheet since it has been merged with an earlier chargesheet of 2002 which was quashed by the High Court in October 2009.
His lawyer Samir Vaidya contended before Justice Kanade that since the first proceedings had been quashed, the second case merged with the earlier one could not survive.
The petition states that after the High Court quashed the first case, Shiware had moved a special court seeking discharge from the second case. The special court, however, rejected his application.
Shiware stated that the special judge erred in rejecting the application as the second chargesheet was also filed based on the same witness’s statement.
It’s further contended that petitioner cannot be prosecuted twice for the same offence since the same witnesses are relied upon. Due to this, the FIR is liable to be quashed, especially in the absence of sanction for prosecution as the petitioner is a government servant, contended his lawyer.
Shiware urged the court to call for the records and quash the case until which time the proceedings should be stayed. The court has now directed the state government to file a reply within two weeks.
Muslim woman has right to maintenance, says HC
http://timesofindia.indiatimes.com/city/lucknow/Muslim-woman-has-right-to-maintenance-says-HC-/articleshow/5841944.cms
Ravi Singh Sisodiya, TNN, Apr 22, 2010, 05.32am IST
LUCKNOW: Lucknow Bench of the Allahabad high court, in a significant judgment, has ruled that a Muslim woman is entitled for maintenance pending litigation as well as payment of cost of litigation under the Family Courts Act, 1984. A division bench comprising Justice Devi Prasad Singh and Justice S C Chaurasia, while elaborating the Right to Life and the Right to Livelihood guaranteed under Article 21 of the Constitution of India observed -- "In case wife is suffering from paucity of funds or is unable to maintain herself or she has got no sufficient means for livelihood, then, the court in a pending suit for restitution of conjugal rights, has got ample powers to direct for payment of maintenance in pursuance to the powers conferred under section 151 of the Code of Civil Procedure". Needless to say that right to life and livelihood does not need animal living but quality of life suiting to the status of the person concerned, said the Bench adding that the provisions of the Family Court Act, a Central legislation, shall be applicable to family disputes of every citizen, whoever they be, ignoring their caste, creed or religion. The court further ruled that the maintenance provided under the Protection of Women from Domestic Violence Act, 2005 is in addition to other legislations. While ruling in favour of Muslim married lady, the Bench drew analogy from Act, 2005 where the Parliament deals with the situation with regard to plight of women without differentiating on the basis of caste, creed or religion. Brushing aside the Personal Law, the Bench clarified the philosophy of the Constitution saying -- "The statutory protection granted by Parliament is to meet out the requirement of Article 21. Accordingly, even if there is no statutory provision, temporary injunction may be granted or an order may be passed by the family court for payment of maintenance, including cost of litigation, without discriminating among women of the country on any basis''. The ruling which may have far-reaching effects on interpretation of Muslim Personal Law came from the high court as Samaun Khan, a Faizabad resident challenged principal judge family court, Faizabad, order whereby it had provided Rs 800 per month as maintenance during proceedings of restitution of conjugal rights case filed by him and Rs 5,000 as the cost of litigation to his wife, Roshni Parveen. The couple had married on November 23, 2005 but separated on December 22, 2007 due to differences and a bitter relationship. As Samaun filed a suit for restitution of conjugal rights, Roshni sought maintenance pendente-lite and cost of litigation. The principal judge awarded maintenance to Roshni but Samaun challenged the principal judge order in the HC on the ground that it was against Muslim Personal Law.
HC to hear FMC-CERC dispute over electricity futures jurisdiction
http://economictimes.indiatimes.com/markets/commodities/HC-to-hear-FMC-CERC-dispute-over-electricity-futures-jurisdiction/articleshow/5841923.cms
22 Apr 2010, 0059 hrs IST,Ram N Sahgal & Almas Meherally,ET Bureau
MUMBAI: The department of legal affairs in a note last year had said that the Central Electricity Regulatory Commission (CERC) appears to have “erroneously” assumed jurisdiction in dealing with the matter of regulating electricity futures. The note may assume significance in light of the ongoing FMC and CERC feud in the Bombay High Court over the jurisdiction of electricity futures. Commodity exchange MCX is a respondent in FMC’s petition and has also independently filed a petition in February against CERC. The cases are listed for hearing on Thursday. MCX has sought FMC’s permission to launch trading of electricity futures on its platform. The department had said last June that the order of CERC “may be challenged before the high court” after the FMC’s parent ministry, ministry of consumer affairs, sought its advice on the issue. In April 2009, in response to a complaint by NSE and NCDEX-promoted Power Exchange India (PXIL), CERC passed an order to the effect that it had jurisdiction for regulating all trading in electricity. In its closing arguments last Thursday, the HC reportedly suggested that it would be more appropriate, if the government sorted out the issue regarding the regulation of futures contracts relating to electricity. The department of legal affairs’ note, highlights a number of functions over which CERC has regulatory jurisdiction under Section 79 (1) of the Electricity Act, 2003, and said “...it appears that CERC has erroneously assumed jurisdiction in dealing with the matter...” “In view of the department of legal affairs’ note, the court will have to decide the issue of jurisdiction regarding futures contracts in electricity,” said Cherag Balsara, counsel for MCX. When contacted, Aspi Chenoy, who is appearing for CERC, declined to comment. The CERC’s main point of contention on why it should regulate futures in electricity is that futures contracts need not just be cash settled, where there is no delivery of the underlier, but can also be mandatorily settled by way of physical delivery. According to the regulator, it is well settled that futures contracts in international markets impact the spot price because of the presence of arbitrageurs, who seek to bridge any price gap between spot and futures markets. It also said that allowing speculation in electricity would be akin to placing commercial interests over consumers’ interests were the prices to rise. The FMC’s argument, according to a person privy to the case, is that under the FCRA Act of 1952 futures trading in electricity vests with it and MCX, which is registered with FMC, can offer such contracts on its trading platform. Further, the futures contracts of electricity would be cash settled and not involve delivery. The government has taken a similar line in the spat between the insurance and capital markets regulators over Ulips by saying that the tussle should be settled after both parties obtain a view from the courts.
Andhra HC stays Tirupati gold-plating plan
http://indiatoday.intoday.in/site/Story/93973/India/Andhra+HC+stays+Tirupati+gold-plating+plan.html
A. Srinivasa Rao
Hyderabad, April 22, 2010
The Andhra Pradesh High Court on Wednesday stayed the gold-plating project of the Lord Venkateshwara temple at Tirumala in Tirupati.
A division bench gave the order on a petition filed by Raghava Reddy of Hyderabad. The bench has directed the Tirupati Tirumala Devasthanam (TTD), the temple authority, to file its counter within four weeks.
The petitioner argued that the goldplating project - "Ananda Nilayam-Ananta Swarnamayam" - would damage the centuries-old inscriptions on the temple walls. These inscriptions in Telugu, Kannada and Tamil, and the images of gods and goddesses are from the time of the Vijayanagara Empire, he stated.
"If these walls are gold- plated, the people won't be able to view these inscriptions and ancient images," Reddy stated.
The project has also faced resistance from purists, particularly the BJP and the Janata Party. A petition filed by Janata Party president Dr Subramanian Swamy is pending before the HC. Swamy argued that such projects served the personal agenda of some individuals who had no respect for traditional values. "Any interference with the basic structure of the temple should not be allowed," he said.
Other purists argue that the project interfered with the temple structure.
Differences have also cropped up within the temple board over the viability of the multi-crore project.
TTD chairman D.K. Adikesavulu Naidu, the brain behind the project, asserted that all precautions were being taken to preserve the wall inscriptions.
"We have taken the consent of agama pundits before embarking on this project. All the ancient writings and epigraphically valuable texts on the temple walls are being digitised," Naidu said.
Dismissed Kasab lawyer moves HC against judge
http://www.expressindia.com/latest-news/dismissed-kasab-lawyer-moves-hc-against-judge/609506/
Mustafa Plumber
Posted: Apr 22, 2010 at 2304 hrs IST
Mumbai Lawyer Abbas Kazmi today moved a contempt petition in the High Court against 26/11 trial judge M L Tahaliyani, who had sacked him as terrorist Ajmal Kasab’s defence counsel on charges of non-cooperation and purposely delaying the trial.
Kazmi has urged the High Court to take suo motu cognisance and action against Tahaliyani under section 15(1) of the Contempt of Court Act.
The presentation of evidence and arguments in the 26/11 case are over and the judge has reserved the judgment for May 3. Kazmi says in his plea, “The facts of the complaint should not be taken as a reflection on the merits or legality of the proceedings of the trial and no part of the petition should be taken advantage of by any accused.”
The special court had given Kazmi the brief on April 16, 2009, at a fee of Rs 2,500 per day, and sacked him on November 30. The judge had called him a liar when he said he was not aware of the affidavits handed over to him by the Crime Branch.
Kazmi had requested the court to ask the prosecution to first move an application for tendering the formal evidence in court before he could reply how many witnesses he would cross-examine. Kazmi says the judge, instead of rejecting his plea or accepting the prosecution’s stand, dismissed him, “which is unheard of in any trial”. He questioned the court’s right to do so.
Kazmi says he has not yet got a certified copy of his removal order, nor has the Advocate General replied to an application for his consent before filing the contempt petition.
In his plea, Kazmi says Judge Tahaliyani, by “humiliating” him in court, has “committed contempt of his own court as well as the High Court”. He said Tahaliyani has lowered the dignity of the entire legal system. He added that the prosecution and sometimes the judge tarnished his image by terming him a “terrorist lawyer”.
HC to state: Provide alternate shelter to people staying on government land prior to 1991
http://www.indianexpress.com/news/hc-to-state-provide-alternate-shelter-to-people-staying-on-government-land-prior-to-1991/609753/
Express News Service
Posted: Thursday , Apr 22, 2010 at 0319 hrs Ahmedabad:
The Gujarat High Court observed that people, who have been staying in houses on government land prior to 1991, should be given alternate accommodation in case the settlement has to be evicted for any public purpose.
A Division Bench headed by the Chief Justice made oral observations to this effect on Wednesday, while acting on a petition filed by 266 families of Khodiyar Nagar in Ghatlodia area.
The families have challenged the government move to demolish their homes without providing them alternate accommodation.
They had earlier filed a petition before a single judge bench, seeking directions for the authorities to stop the eviction till the time alternate accommodation is provided. The petitioners had made the Ahmedabad Municipal Corporation, the District Collector and the state government as respondents in the petition. The bench had rejected the plea.
Subsequently, the petitioners had filed an appeal against the order before the Division Bench. On Wednesday, opposing the petition, the government counsel said that some residents f Khodiyar Nagar have “illegally” constructed more than one room in the locality and are collecting rent.
To this, Chief Justice S J Mukhopadhyaya observed that families living in the rented rooms should also be considered for alternate accommodation, if they are living there prior to 1991.
Counsel of the petitioners, Sudhir Nanavati, said the court has stayed eviction of all families staying in Khodiyar Nagar since 1991.
The next hearing has been fixed for May 11.
HC for panel to look into Gurjjars’ quota demand
http://www.financialexpress.com/news/hc-for-panel-to-look-into-gurjjars-quota-demand/607416/
Apurva Posted: Saturday, Apr 17, 2010 at 2155 hrs ISTUpdated: Saturday, Apr 17, 2010 at 2155 hrs IST
Jaipur: The Rajasthan High Court on Friday directed the state government to appoint a committee to look into the agitating Gurjjars’ demand for reservation.
A Divisional Bench of Chief Justice JC Bhalla and Justice MN Bhandari passed the order on a PIL filed by JP Dadeech. “The court directed the government to constitute a committee led by a retired HC judge to look into the Gurjjars’ demand for reservation. The court has also asked the government to appraise it of security precautions taken,” said Dadeech’s counsel RP Garg. He said the committee will have a parliamentarian, a bureaucrat, a member of the Bar Association and Gurjjar community leaders as its members.
Dadeech had filed the PIL 15 days ago to seek details of the security precautions taken by the state to prevent untoward incidents during the current agitation. “My client maintains that there have been agitations like this twice, both of which ended in a breakdown of civil life and destruction of public property. The PIL was filed to prevent such incidents,” Garg said. The HC, Garg added, has now directed the state to take action against anyone who breaks the law.
Gurjjar leaders are, however, not reading much into the judgement. “This particular hearing was over a PIL and does not concern another case that deals with the implementation of 5% reservation for Gurjjars. Our agitation will continue,” said a senior Gurjjar leader.
Meanwhile, Kirori Singh Bainsla, who is spearheading the agitation for reservation, said their protest march towards Jaipur would continue despite the government inviting him for another round of dialogue.
The march reached Sikandra in Dausa district on Friday, around 70 km from Jaipur. The march started from Hindaun on Tuesday and is expected to enter the state capital in three days.
Ex-CJI's sons pay Rs 89.75cr to buy Delhi house
http://timesofindia.indiatimes.com/city/delhi/Ex-CJIs-sons-pay-Rs-8975cr-to-buy-Delhi-house/articleshow/5842262.cms
TNN, Apr 22, 2010, 04.12am IST
NEW DELHI: Chetan Sabharwal and Nitin Sabharwal, the two sons of former chief justice of India Y K Sabharwal, have bought half of one of the most premium residential properties, 7 Sikandra Road, in the heart of Lutyens' Delhi. The other half of the property has been bought by the promoter and MD of real estate company BPTP, Kabul Chawla. The total deal is worth Rs 117 crore. On Tuesday, the Sabharwal brothers and Chawla together paid Rs 89.75 crore as part payment for the property. "Kabul Chawla has purchased 50% of this residential property in his personal capacity. This is not a joint property,"said a spokesperson in Kabul Chawla's office. It means that the Sabharwal brothers will have to pay separately Rs 58.5 crore to complete the deal. The name of Chetan Sabharwal and Nitin Sabharwal had cropped up earlier for running their businesses from the then CJI’s official residence. Also, the government had while responding to an RTI application in April 2009 revealed that the CBI was investigating allotment of a piece of land in Noida to Sabharwal's daughter-in-law. The income-tax department is also investigating a South Delhi land deal by the Sabharwal brothers. The part payment of Rs 89.75 crore for the 7 Sikandra Road bungalow deal has been made by the Sabharwal brothers and Chawla with the approval of a single-judge bench of Delhi high court. In fact, Triveni Infrastructure had bought the 2.70-acre property for Rs 117 crore in 2008 in a court supervised auction. Triveni paid Rs 29.25 crore — 25% of the total amount — upfront. But, it could not pay the rest — Rs 89.75 crore — on the due date. Instead of paying the rest of the amount, Triveni Infrastructure filed a suit in the court praying that another company, Angle Infrabuild Private Ltd, be allowed to pay the balance with a penalty of Rs 5 crore. But as some of the original co-owners opposed the request, the court did not accept the offer. Meanwhile, the Sabharwal brothers approached the court saying they would pay the balance amount of Rs 89.75 crore of the original deal. Following the payment made by them, the court ordered execution of the sale deed in the name of the Sabharwal brothers and their associate. The rest of the amount — Rs 29.25 crore — which was paid by Triveni Infrastructure in 2008 will also be paid by the new set of buyers.
To beat ash cloud, CJI took 700km road trip
http://timesofindia.indiatimes.com/india/To-beat-ash-cloud-CJI-took-700km-road-trip/articleshow/5841474.cms
Dhananjay Mahapatra, TNN, Apr 22, 2010, 01.48am IST
NEW DELHI: Chief Justice K G Balakrishnan's quick decision to hit the road --from Minsk in Poland to Moscow in Russia -- helped him escape the dark clouds of volcanic ash from Eyjafjallajokull glacier in Iceland which grounded flights in Europe. By the time he got over with his speech at an international conference of chief justices on April 16, he was informed that Minsk airport was closed because of the volcanic ash clouds. Acting fast, Justice Balakrishnan, who was scheduled to hear important matters in Supreme Court on Monday, requested the Indian ambassador to arrange for a car to take him to Moscow, a good 700 km away. There was no certainty of getting a flight from Moscow to New Delhi as the ash clouds were getting closer to the airport with every passing hour but the CJI was game for the gruelling 12-hour journey and take his chance. He did beat the ash clouds and reach Moscow in time to catch virtually the last flight home and he was presiding over a Bench in Chief Justice's court on Monday and disposing of cases. He was lucky because on Monday, Moscow airport got paralysed with 277 flights getting cancelled and 77 posponed leaving over 2 lakh passengers stranded. But one of the top lawyers of the country, Harish Salve, had no such luck and has been grounded in London since the last one week. He was scheduled to come back to India to argue cases by Friday but the ash clouds left him with little choice but to remain in London as the airport there was rendered non-functional. Many cases he was to argue, which would have earned him fees in lakhs of rupees, had to be adjourned. dhananjay.mahapatra@timesgroup.com
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