21 November, 2007

Legal hurdles likely to delay Bangalore’s Metro project

The city’s residents may have to wait longer than expected for ‘Namma Metro’ (or ‘Our Metro’, as the city’s local train service is branding itself) because of legal hurdles the Bangalore Metro Rail Corp. Ltd faces.

Executives at the corporation say that while they think they can complete the project by 31 December 2011, lawsuits could make them miss the deadline. There are eight writ petitions against the Rs6,395 crore project in the courts currently, BMRCL executives say. Some petitions have been filed by those whose land has been acquired for the project, while some demand a complete change of the planned route.

“Legal petitions take a toll on our energy and time. We expect more such hurdles in (the) near future, particularly when we start demolition (work) in residential areas,” said V. Madhu, managing director, BMRCL.

Around 621 private properties have been earmarked for acquisition by BMRCL. The Karnataka Industrial Area Development Board has been entrusted with the acquisition process. In areas such as Indiranagar, where the Metro will cut through residential and business properties, many people are opposed to the project.

“We have filed two petitions in the Karnataka high court due to which the Metro project cannot begin in the Indiranagar area. One petition challenges the project itself and the other is against (land) acquisition. We are seeking a change in the alignment of Metro...,” said Pramila Nesargi, a lawyer who is representing traders and residents in the area.

The BMRCL has also been criticized for ‘lack of foresight’ as only about 20% of the 33km Metro project is underground. Already grid-locked roads such as MG Road see traffic jams almost every day due to the ongoing project.

“We knew the limitations (of an overground track). However, money was an issue. Underground tracks cost 2.5 times more than overground tracks. An overground track costs Rs155 crore per km,” said Madhu.

Bangalore is the second city in India after New Delhi to build a modern Metro rail system, aimed at easing bumper-to-bumper traffic on the roads. Almost half of Bangalore’s 6.5 million residents own a two-wheeler or a car (or both); 1,000 vehicles are added every day to the three million already on road.

http://www.livemint.com/2007/11/20212227/Legal-hurdles-likely-to-delay.html?atype=tp

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Patent filings to be available free online from next year

Filings for approved Indian patents will be digitized by 2008 and thereafter made available online, free of cost, said a senior official at the department of industrial policy & promotion, requesting anonymity.

The new initiative is part of the second phase of modernization of the patent office, the official said. Complete applications of patents granted after 2006 will be available in the next few months.

In the first phase, which concluded this July, the government introduced e-filing facilities that allowed an aspirant patentee to register his application online instead of visiting the patent offices.

Currently, complete information on a patent granted in the country can be accessed through photocopied documents through a patent office or from private databases, both of which entail a charge.

Access to patent documents is vital, since it is only after perusal of these documents that other companies and individuals will often decide to proceed with their own filing for a patent. The minimum cost of filing a patent application is Rs5,000 for companies and Rs1,500 for individuals. This could, however, be higher, depending on the complexity of the patent claim.

Screening for prior patents is “a long process”, says Arun Jawar, research and development head for Mahindra & Mahindra Ltd. “Because there’s no immediately searchable online database for Indian patents, searching for them in India takes the longest time. So the government’s move is certainly welcome.”

The patenting procedure here takes a minimum of two years and, according to Jawar, could cost up to Rs5 lakh, including lawyers’ fees. A successful Indian patent is published in the Patent Office Journal, which can be freely accessed online, but offers very little information.

Some patent lawyers welcomed the idea.

“As of now, my colleagues have to either search private databases or visit the patent offices and sift through applications,” notes Neil Mason, an intellectual property expert and managing partner, Mason and Associates. “All these add to delayed processing.”

The Technology Information Forecasting and Assessment Council, a government organization, maintains a database called Ekaswa.

Though it offers free patent searches, it is restricted to universities and government research organizations. As of now, the cost of perusing a single application will cost the user scanning charges per page and an extra 15% service charge, according to information on the council’s website.

Detailed patent searches are also useful to research organizations to find which niche in a specific research area could be exploited to develop patentable products.

“For instance, a pharmaceutical company might, on the basis of patent searches, figure out what are the known methods that exist to develop a particular molecule and what approaches may be explored,” said Dileep Singh, a biotechnology professor at the Delhi university’s microbiology department.

“The most important part of the patent is the list of claims made by an inventor,” said Mason, “but now you can only see an abstract, which merely summarizes a patent claim. Nothing concrete can be derived out of it.”

Source:- http://www.livemint.com/2007/11/20212442/Patent-filings-to-be-available.html?atype=tp

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19 November, 2007

The Food Safety Act and product liability clause in the Consumer Protection Act is going to be introduced

The Food Safety Act and product liability clause in the Consumer Protection Act is going to be introduced for protection of sub standard goods and services

*Deepak Miglani

The industrial revolution and the development in the international trade and commerce has led to the vast expansion of business and trade, as a result of which a variety of consumer goods have appeared in the market to cater to the needs of the consumers. The evil of substandard goods illegally getting marketed in India is increasing day by day. The Indian government is feeling the need to protect the consumer from the substandard goods.


The government has made a proposal based on recommendations made by the Planning Commission in the 11th five-year Plan, which is to be placed before the National Development Council next month. This proposal will substantially overhaul the existing consumer law.


The commission has recommended mandatory standards for products which impact health and safety of the consumer as well as harm the environment. These include electrical appliances, electronics, IT and telecom products, medical devices, industrial and fire safety equipment, helmets and material used for food packaging.

While making these recommendations, the government for the first time has admitted that there are serious shortfalls in achieving consumer welfare because of lack of laws regulating many products and services that impact health, environment and safety in general.

The Quality Council of India who is the apex body of regulating agencies lacks strength and its teeth also are not sharp. Therefore the commission has suggested setting up of National Quality and Standardization Authority. This authority would be empowered to provide voluntary standards for all areas of economic and social activities and mandatory standards for products that impact health, safety and environment.

To further strengthen the consumer protection legislative regime, the government has also suggested setting up of a National Consumer Protection Authority that could fill the gap created by the winding up of Monopolies and Restrictive Trade Practices Commission. This authority would be empowered to look into deceptive practices and misleading advertisements by manufacturers and service providers.

The new Food Safety Act has been lying in the embargo for bringing the standard for packaged food items. The Food regulatory authority will b e set up in the month of December.

It is imperative that we educate our people about the law and help them to protect themselves from the onslaught of high-tech marketing of these substandard products.

For the protection of the consumer, the glut of adulterated and sub-standard articles in the market has to be checked. Inspite of various provisions providing protection to the consumer and providing for stringent action against adulterated and sub-standard articles in the different enactments ; the government is going to enact Food Safety Act and introduce the product liability clause in the Consumer Protection Act ,making erring manufacturers and suppliers liable to pay punitive damages.

References:-

http://fcamin.nic.in/

http://planningcommission.nic.in/

http://pib.nic.in/


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16 November, 2007

Moved by love :Love and Abortion:Supreme Court shows leniency

Moved by love, SC shows leniency
16 Nov 2007, The Times of India

NEW DELHI: Shall we say, all's well that ends well? A woman who filed a criminal case against her boyfriend for forcing her to undergo an abortion, later pleaded with the Supreme Court to let him off.

The reason for her change of heart -- the boyfriend had become her husband during the course of the trial.

The Supreme Court, however, said there was a small hitch in letting this love story have a perfect ending -- there's no provision in law allowing the plaintiff to reach a compromise in a criminal case where adequate evidence had been found to fasten guilt on the accused. Both the lower court and the high court had found adequate evidence against the man and sent him to jail.

But although justice, like love, is blind, it does have a heart. In view of the fact that the complainant and the principal accused had now got married, a bench comprising Justices G P Mathur and Altamas Kabir reduced the three-year prison term to a period of incarceration already undergone by the husband.

The case pertains to a village in Kokrajhar district of Assam, where one Hasi Mohan Barman fell in love with Haleswari Barman. The two got intimate and she became pregnant. The villagers put pressure on Hasi to marry her. Hasi refused and put pressure on the girl to undergo an abortion.

When she refused, Hasi forcibly took her to a pharmacist and kept her confined for nine days. After her pregnancy was terminated with the help of his pharmacist friend, she was sent back to her parents' house.

Haleswari lodged an FIR against Hasi and the police chargesheeted him and the pharmacist after investigating the complaint. During the trial, she deposed against Hasi, narrating the sequence of events leading to the forcible termination of her pregnancy.

The trial court, on the basis of her evidence and corroborative medical opinion, convicted Hasi under Section 313 of IPC for causing abortion without the consent of the woman. It sentenced him to seven years in prison. Hasi appealed against the order. The high court maintained the conviction, but reduced the sentence to three years' imprisonment.

http://timesofindia.indiatimes.com/India/Moved_by_love_SC_shows_leniency/articleshow/2544544.cms

Love & abortion: SC took note of previous rulings

16 Nov 2007, The Times of India

NEW DELHI: Haleswari Barman a woman from Kokrajhar district of Assam who filed a criminal case against her boyfriend, Hasi Mohan Barman, for forcing her to undergo an abortion, has now pleaded with the SC to let him off. The reason for her change of heart -- the boyfriend had become her husband during the course of the trial.

When Hasi appealed in the Supreme Court, Haleswari filed an affidavit stating that she had entered into a compromise and wanted the criminal case against her husband and his accomplice under Section 313 withdrawn.

The apex court sought a report from the Kokrajhar additional sessions judge, who verified the contents of the affidavit and reported back that Haleswari and Hasi were living peacefully as husband and wife.

In view of the report, Haleswari requested the SC to set aside the conviction of her husband. The Supreme Court now faced legal dilemma. The bench said the compromise could not be utilised for recording acquittal of the accused boyfriend-turned-husband as the offence under Section 313 is non-compoundable.

However, the bench took the help of previous decisions of the apex court where it had reduced the sentence of the accused on the basis of a compromise reached between the accused and the complainant.

It said: "We are of the opinion that the complainant and the principal accused having already married, it will be in the interest of justice if the sentence is reduced to the period already undergone. The conviction is maintained but the sentence is reduced to the period already undergone, which appears to be about 10 months. The fine imposed is also set aside."

http://timesofindia.indiatimes.com/India/Love__abortion_SC_took_note_of_previous_rulings/articleshow/2544443.cms


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05 November, 2007

'Insurance can't be denied for law violation'

5 Nov 2007 The Times of India

NEW DELHI: The National Consumer Commission has held that insurance companies, if the terms of the policy were not breached, cannot refuse to entertain claims on the pretext that the insured violated some other laws or conditions.

Allegations that the insured violated some other laws would not entitle insurers to deny just claims of "hapless" consumers, a commission bench comprising Justice MB Shah and members Rajya Lakshmi Rao and KS Gupta said.

It was deciding a petition filed against the Chennai State Consumer Commission verdict, justifying the repudiation of an accident claim by the United India Insurance Company Ltd on the ground that the car, at the time of accident, was being plied without the 'fitness certificate' as required under the Motor Vehicle Act.

http://timesofindia.indiatimes.com/India/Insurance_cant_be_denied_for_law_violation/articleshow/2517727.cms

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26 October, 2007

'New-age Draupadi' walks out with winner with her own accord

26 Oct 2007 The Times of India

TELDIHA(Banka): In Mahabharat, Pandavas gambled away their wife Draupadi to Kauravas.

In Teldiha village of Bihar's Banka district, Shanti Devi (name changed) wagered herself away in a game of dice to a villager on Dussehra day.

The 25-year-old woman was taken by the victor to his house from where she was 'rescued' and restored to her husband two days later after fellow villagers intervened.

Shanti, in fact, has been a regular visitor to the Jua Mela or gambling fair organised here during Dussehra. She always won "handsome amounts". This year too, she won Rs 1,400 during the initial one-hour game. Then her luck ran out and she ended up losing even her principal — Rs 700.

"In exasperation, she yelled, “ ab hum apne apko daon par lagate hain. Jo jitega, hum par usi ka hak” hoga (now I put myself at stake. I will belong to whoever wins)," Shanti's brother-in-law, who was also at the fair, recalled. As luck would have it, the dice with Shanti on bet rolled in favour of one Bambholi Yadav (35) of Sangrampur village in neighbouring Munger district. He hugged her in full public view and took her home.

Back home now, Shanti would not like to talk about her ignominy. " Jeete hum, hare hum, apko kya matlab (whether I lose or win is none of your concern)," she snapped at this correspondent. Her husband is shaken though he has stood by her. "She had been winning over Rs 5,000 every year... agar nafa mein saath diya toh nuksan mein kyon nahi (if I was with her when she won, why should I desert her when she has lost)," he said. But he has firmly told her "no more gambling". Bambholi could not be traced.

http://timesofindia.indiatimes.com/India/Newage_Draupadi_walks_out_with_winner/articleshow/2491507.cms

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Are you sure IT's proper dress?:Mahindra Staff feels rule absurd

Are you sure IT's proper dress?

26 Oct 2007 The Times of India

PUNE: IT may no longer be a cool place to dress and work.

Tech Mahindra, one of India’s top IT companies with its head office in Pune, has enforced a strict dress code for its employees. Employees found "inappropriately" dressed are being sent home to change.

Over 23,000 professionals work at Tech Mahindra's global network of 24 locations, including 11 development centres and 13 global sales offices.

Employees would be given a warning for the first offence. In case the offence is repeated, the employee will be slapped with a penalty of Rs 1,000, the dress code says.

The company will, however, allow exceptions in case of medical issues which prevent adherence to the code, but only temporarily and with approval from HR.

Sanjeev Parida, vice-president (HR), who approved the code, justified its implementation. "The organisation initially only had a guideline regarding attire, but since some employees escaped following it, a policy had to be formulated," he said.

"We got complaints from employees who found the dressing style of some employees objectionable and distracting, and hence the need to formulate a policy." He said women security personnel will check women employees.

Dress code violations will be treated as serious and will attract strict disciplinary action. All instances of disciplinary action will be noted in the employee’s personal records as well as the discipline diary maintained at the location.


http://timesofindia.indiatimes.com/India/Are_you_sure_ITs_proper_dress/articleshow/2491651.cms

Mahindra Staff feels rule absurd

26 Oct 2007 The Times of India P.19 Delhi

Pune: A large section of the employees at Tech Mahindra are aghast at the new dress code at workplace. A male employee said they should be allowed to wear clothes in which they feel comfortable. “The dress code is absurd,” he said, explaining that he’s previously worked with three different IT companies but none followed such a rule.
For business formals to be worn from Mondays to Thursdays, the company has specified that male employees can only wear formal trousers, full/half-sleeved formal shirt with formal shoes. “Employees may wear a tie or a business suit; however the same is not compulsory. A belt is preferred,” it says, adding that sneakers, tennis shoes, chappals and floaters are inappropriate and strictly not acceptable. Even denim shirts/Tshirts with TechM logo will not be acceptable as part of formal wear.
Women employees can wear salwar-kameez or churidar kurta with sleeves. “Heavily sequined and embroidered clothes must be avoided. Preferably avoid clothes with large prints and loud, flashy colours,” it says, also specifying that traditional Indian silk saris with prominent zari borders are not to be worn. Traditional Indian footwear like jootis and kolhapuris do not constitute formal attire. Women employees can also wear formal trousers/skirt (without long slits) and a sleeved formal blouse. While closed toe-heel shoes are recommended, formal looking sandals are also acceptable. Use of athletic shoes, sneakers, flip-flops and slippers are not allowed. Mini-skirts, spaghetti-strap dresses, halter-tops, and even collarless T-shirts are a strict no-no.
CEO of Zensar Technologies, Ganesh Natarajan, who is also the vice-chairman of Nasscom, said that although his company too has guidelines, which called for wearing formals from Monday to Thursday, it is simple, without specifying the length and other details about the clothes to be worn.

GROOMING GUIDELINES

Hair should be clean, combed, and neatly trimmed Shabby, unkempt hair unacceptable Women with shoulder-length hair should keep it tied up Tattoos and body piercing (besides ear/nose rings) shouldn’t be visible Minimal jewellery advisable Makeup should be light

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Girl to decide if she wants HIV+ mum

26 Oct 2007 The Times of India

JAIPUR: The nine-year-old daughter of an HIV-positive woman who was denied custody of the child, will now decide if she wants to stay with her mother or her grandparents.

The additional district court here has ruled that the girl should be allowed to choose, despite a subordinate court earlier ruling that the she live with her grandparents as her mother was HIV-postive and therefore, would not be able to care for her.

The class V student has been living with her grandparents at Sahar village in Jhunjhunu district of Rajasthan. The girl's father, who was in the army, died of AIDS in 2003. The girl's mother, in her petition, had alleged that her in-laws had thrown her out of the house in 2006 and forcibly taken custody of her daughter.

She sought her custody saying, as her biological mother, she was her natural guardian and also pointed out that her daughter is a minor.

Her father-in-law, however, contended that since the child's mother was living in an ashram with other HIV positive people, the safety of the child and her health would always be in danger if she lived with her mother.

The father-in-law contended that they be allowed to retain custody of the child in view of her future and health.
Additional district judge Prithviraj said since the girl was nine years old and a student of class V, she was capable of deciding whether she should live with her grandparents or with her mother.

Counsel for the mother, AK Jain, moved a petition against the order of the lower court in the additional district judge's court. The mother had filed a petition against her father-in-law under section 12 of the Domestic Violence Act, alleging that he had forcibly taken custody of her only child.

She contended that the deprivation of the child was punishable under the Domestic Violence Act and she should be handed over the custody of the girl child.

Counsel for the mother, AK Jain, however, said they would appeal against the additional district judge's order in high court as the girl was a minor and wasn't capable of taking a decision. And being a mother, his client should be allowed to keep the child with her.

http://timesofindia.indiatimes.com/India/Girl_to_decide_if_she_wants_HIV_mum/articleshow/2491501.cms


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Judge 'molests' law intern in chamber

26 Oct 2007 The Times of India

NAGPUR: A senior judge allegedly molested a young law intern in his cabin on the premises of district and session court in Nagpur on Wednesday.

President of Bharatiya Stri Shakti Sangathan, Madhuri Sakulkar, said the victim approached her on Wednesday night.

"The victim said former additional and sessions judge Prakash Thombre, under whom she was interning, took her to fifth additional and sessions judge Shivaji Patil on the pretext of giving her some work. When they got there, Patil allegedly tried to outrage her modesty and Thombre did nothing to save her," claimed Sakulkar.

http://timesofindia.indiatimes.com/India/Judge_molests_law_intern_in_chamber/articleshow/2491552.cms

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Man gets life term for acid attack on woman:What about rehabilitation? ‘Help Acid Victims Rebuild Life’

Man gets life term for acid attack on woman

26 Oct 2007 The Times of India

NEW DELHI: Moved by the plight of an 18-year-old girl who was reduced to a "moving mass of bones and flesh" after she survived an acid attack that left her blinded, a trial court on Thursday awarded the culprit life imprisonment - a rare penalty for a case other than that of murder. The girl had spurned the man's advances.

While sentencing the convict, Yashpal, additional sessions judge Sanjay Sharma said: "The act of the convict had destroyed a life... This act cannot be forgiven and any compensation to the victim cannot be enough."

The court justified why Yashpal deserved nothing less than the maximum punishment prescribed under Section 326 (voluntarily causing grievous hurt by weapons or means) of IPC: "This is a case of an overzealous lover who could not get his love, and out of sheer frustration threw acid on the victim's face... it has reduced the victim to nothing but a moving mass of bones and flesh."

The judge was visibly moved when he was shown old photographs of the girl and then her disfigured face. She lifted her veil when asked by her counsel, N K S Bhadauria, to do so during the arguments on the quantum of sentence.

"A beautiful creation of God has been turned into an eyesore by the convict when he failed to persuade her parents to let her marry him," was the instant reaction of the judge.

Yashpal's fervent plea for leniency on the ground that he had earlier offered to marry the victim, Renu, had little effect on the court.

"The act of the convict is so grave that no amount of compensation can compensate the victim for the trauma which she suffered and the injuries which have left a permanent mark on her soul and body," the judge noted.

Earlier, the victim’s counsel had called for maximum sentence to be imposed on the accused, saying his heinous act had permanently scarred the victim’s life.

"I seek the maximum sentence to be imposed on the convict," Bhadauria said.

http://timesofindia.indiatimes.com/India/Man_gets_life_term_for_acid_attack_on_woman/articleshow/2491646.cms

What about rehabilitation?

‘Help Acid Victims Rebuild Life’

The Times of India 26 Oct. 2007 Delhi P. 6


New Delhi: While acid attacks are making it to the headlines with alarming regularity, the conviction rate in such cases is disturbingly low. In such a scenario, the sentencing of a youth to life imprisonment on Thursday for an acid attack which blinded the 18-year-old victim, has been a welcome relief.

Various women’s organisations and prominent lawyers have lauded the judgement, which awarded life term to the culprit and pronounced a compensation of Rs 25,000 to the girl. But they have also called for rehabilitation schemes for such victims to help them rebuild their lives.

‘‘An acid attack victim, who gets completely deformed, needs continuous medical treatment, emotional help and monitory aid,’’ said lawyer Aparna Bhatt.
Added Malini Bhattacharya, a member of National Commission for Women: ‘‘We have been seeking the most stringent punishment for such actions and welcome such a judgment. The girl’s life has been ruined as she became permanently disabled after the acid attack. The commission has been regularly holding talks with the government in order to provide rehabilitation and treatment packages to acid attack victims.’’
Hopefully, such judgments will act as a deterrent to people who think they can get away after committing such crimes, she said.

A scheme prepared by the NCW seeks to create a forum to deal with acid attack crimes. It proposes an insurance scheme for the treatment and rehabilitation of the victims. Advocate Aparna Bhatt, who has drafted this proposal for the NCW, says extending this security to victims was crucial to undo the damage to some extent.‘‘The scheme will provide medical insurance cover and monetary compensation to all victims of acid attack,’’said Bhatt.

Some were of the opnion that the Rs 25,000 given to the acid attack victim on Thursday was too meagre a compensation for someone who has lost her vision. ‘‘The state government should also compensate such victims as Rs 25,000 is too little an amount to last a lifetime. The law needs to be amended for acid attack victims. A person who suffers permanent disability needs to be compensated for a livelihood,’’ said noted lawyer, Shilpi Jain.

‘‘With such cases becoming quite frequent, the judgment will send out the right message. An acid attack is worse than killing a person as the survivor has to live with a deformity,’’ she added.

But under the present law, acid attacks that deform people for life are either tried under Section 307 (attempt to murder) or Section 326 (for voluntarily causing grevious hurt) of IPC. So such attackers, even if brought to book, can get bail from the court. It depends on the judge to give maximum punishment, which is life imprisonment, under Section 326.

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Registration of marriages a must in 3 months:Muslim leaders welcome SC order on marriage registration: SC Exempt Muslims from registration: AIMPLB

SC to states: Make marriage registration compulsory

25 Oct 2007 The Times of India

NEW DELHI: The Supreme Court on Thursday directed all states and Union Territories to bring in suitable legislation within three months to make registration of marriage compulsory.

A bench headed by Justice Arijit Pasayat asked the states and UTs to file a compliance report along with an affidavit after the three months deadline.

The apex court passed the order after noting that several states had made registration of marriage compulsory only for the members of the Hindu community.

But by Thursday's order, registration of marriage will be mandatory for all religions.

http://timesofindia.indiatimes.com/India/SC_to_states_Make_marriage_registration_compulsory_/articleshow/2488755.cms




Registration of marriages a must in 3 months: SC

The Times of India 26 October 2007 Delhi P. 19

New Delhi: The Supreme Court on Thursday reminded states that they had to comply with its directions for compulsory registration of all marriages, and that it would apply to all religious communities. The court said its order had to be implemented in the next three months.

The SC order has been seen as a step towards a uniform civil code. The court found that some states had implemented its orders on making marriage registration mandatory, but only with regard to Hindus.

Monitoring the implementation of its February 14, 2006, order, a bench of justices Arijit Pasayat and P Sathasivam expressed unhappiness, saying the laws enacted by many states had excluded the minority communities. ONE MARRIAGE LAW FOR ALL SC wants states to place laws before it


New Delhi: Calling for its orders on registration of marriages being carried out in letter and spirit, SC said: “The state and union territories have to forthwith comply with the February 14, 2006, judgment and in no case later than three months from today.”
Moved by the plight of women fighting for their rights under marriage, the court had asked the Centre and the states to amend the law and notify within three months. Registration of marriages, which would provide proof of matrimony for women in such cases, could help tilt the scales in their favour.

Justice Pasayat, writing the judgment for the Bench, directed the governments to provide for “consequences of non-registration of marriages” in the rules, which should be formalised after inviting public response and considering them. The court said the rules so framed would continue to operate till respective governments framed proper legislations for compulsory registration of marriages. Leaving no room for any dilution of the objective of such legislations, Pasayat said all new laws to be framed by the governments will have to be placed for scrutiny before the apex court.
The court felt that this ruling was necessitated as some unscrupulous husbands denied their marriages altogether, leaving their spouses with no legal rights.
The court had examined — with the help of solicitor general G E Vahanvati, who acted as amicus curiae — data regarding the laws relating to Hindu, Muslim, Christian and Parsi marriages.
In 2006, there were only four states which had provided for compulsory registration of marriages — Maharashtra, Gujarat, Karnataka and Himachal Pradesh. Assam, Bihar, West Bengal, Orissa and Meghalaya made laws for voluntary registration of Muslim marriages.

Exempt Muslims from registration: AIMPLB

‘Qazis Already Do So During Nikahs’

The Times of India 26 October 2007 Delhi P. 19
New Delhi: Reacting to the Supreme Court directive to states and union territories to make marriage registrations compulsory for people of all religions, All India Muslim Personal Law Board (AIMPLB), a private body working to protect the community’s personal laws, has called for the exemption of Muslims from it.
The AIMPLB has said the community has a registration process in place and there’s no need for Muslims to re-register their marriages.
‘‘We welcome the apex court directive, which is to safeguard the rights of women. But it should not be binding; Muslims should be exempted from it since we have a system of registering marriages in the community,’’ AIMPLB member S Q R Ilyas told TOI.
However, leading Muslim intellectual and former MP Syed Shahabuddin differed with the AIMPLB’s stand and said his personal view is that all marriages should be registered so long they do not interfere with the religious aspects of a wedlock. ‘‘In fact, I have spoken in favour of registration of marriages even in Parliament, particularly in context of NRI marriages where such wedlocks are often denied,’’ said Shahabuddin.
But S Q R Ilyas pointed out Muslims register marriages either with the local Qazi or the Imam in form of a Nikahnama (marriage contract). ‘‘It’s also mandatory to have two witnesses to a Nikah. Until witnesses are present, the marriage can’t be solemnised. If this procedure is already in place, where’s the question of anybody denying the marriage?’’ asked Ilyas.


Muslim leaders welcome SC order on marriage registration
25 Oct 2007 The Times of India

NEW DELHI: Muslim leaders on Friday welcomed the Supreme Court direction asking all states and union territories to bring in a suitable legislation to make registration of marriage compulsory.

"Islam asks its followers to register the marriages and there is nothing new in the apex court directive," All India Muslim Personal Law Board (AIMPLB) spokesman Qasim Rasool Ilyas said.

The apex court's order came in the wake of reports that several states had made registration of marriage compulsory only for the members of the Hindu community.

But by Thursday's order, registration of marriage will be mandatory for all religions.

Ilyas, however, said the word "compulsory" should not be the part of the legislation.

"In Islam, all the marriages are registered. This (the direction) would be only their re-registration," he said, adding "it should not be made compulsory but optional".

All India Shia Personal Law Board president Mirza Mohammad Athar said: "The legislation is not anti-Islam or anti-Sharia (Islamic law). This would strengthen the Islamic practice of registering marriages".

"Those who go abroad register their marriage as they need a registration certificate. So what's harm in extending it to all," Athar asks.

http://timesofindia.indiatimes.com/India/Muslim_leaders_welcome_SC_order_on_marriage_registration/articleshow/2490927.cms


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HC slams security for netas : Politicians should stay at home if they feel threatened: HC

HC slams security for netas
26 Oct 2007 The Times of India

NEW DELHI: The Delhi high court on Thursday deplored the practice of politicians moving around with gun-toting security guards, which has come be treated as a "status symbol" and causes inconvenience to the public. It advised politicians to confine themselves to their homes or offices if they felt "threatened by citizens".

A division bench headed by Justice T S Thakur said politicians were not a "national asset" that should be protected by so many security personnel.

"You should not let these men (politicians ) come out. Their presence in public places itself threatens the common man. I do not know why it has become a matter of prestige for them to move with 10-15 uniformed security personnel carrying lethal weapons," Justice Thakur told the counsel for the central government.

The court made these harsh observations while expressing displeasure over the inconvenience the public is put to by the overwhelming presence of security guards accompanying politicians at public places. It was hearing a PIL on police reforms seeking separation of the force into two independent wings to deal with law and order, and investigations.

The court was unsparing in its criticism of the manner in which Delhiites were asked to steer clear of public places by these security personnel on the pretext of VIP security. The court remarked with dismay: "If these people feel so threatened they should not come out in public places."

"It has become fashionable and a status symbol. The more people (security men) surround these people (politicians) the more prestigious they feel. It is obnoxious that common men are forced to stay on the sidelines and are prevented from walking on pavements when politicians pass through," the court said.

http://timesofindia.indiatimes.com/Delhi_HC_slams_security_for_netas/articleshow/2491469.cms




Politicians should stay at home if they feel threatened: HC

25 Oct 2007 The Times of India

NEW DELHI: Observing they were not a "national asset", the Delhi High Court on Friday took the politicians head on over having their security guards on tow when they step out and wryly told them to remain in the confines of their homes and offices if they feel threatened by citizens.

"You should not let these men (politicians ) to come out. Their presence in public places itself threatens the common men. I do not know why it has become a matter of prestige for them to move with 10-15 uniform security personnel carrying lethal weapon," a Bench comprising Justice T S Thakur and Justice Veena Birbal told the Centre.

The court made these harsh observations while expressing displeasure over the inconvenience the public have to put up by the overwhelming presence of security guards accompanying politicians at public places.

The Court's observation came while hearing a PIL on police reforms seeking separation of force into two wings to deal with law and order and Investigation independently.

In sharp remarks laced with sarcasm, the judges could not hide their dismay when they said "If these people feel so threatened they should not come out in public places."

The judges said they (politicians) were not a national asset which should be protected and if they were, the citizens would protect and there was no need to be threatened by them (public).

"It has become fashionable and a status symbol. The more people(security men) surrounds these people(politicians) the more prestigious they feel. It is obnoxious that common men are forced to stay on the sidelines and are prevented to walk on the pavements when the politicians pass through", the Court said.

http://timesofindia.indiatimes.com/HC_to_politicians_Stay_at_home_if_you_feel_threatened/articleshow/2490454.cms


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25 October, 2007

Class action suits to be codified in company law

Thursday,Oct 25,2007 Business Standard

The government is planning to codify class action as law. A clause to this effect has been included in the new Company Law Bill, which is expected to be tabled in the coming winter session of Parliament.

Once enacted, the provision will empower shareholders to hold companies and their managements responsible for wrong-doing.

Though the principles of class or representative action (and derivative suits) by shareholders against managements have been upheld by various Courts in the past, these are yet to be reflected in law.

Accordingly, the ministry of corporate affairs (MCA) headed by Prem Chand Gupta has circulated a Cabinet note containing the class action clause for inter-ministerial consultation.

“We hope it will be cleared by the Cabinet soon, allowing us to table the Bill in Parliament in the coming session,” an official told Business Standard.

The need to codify class action and derivative suits in Indian law had been recommended by the J J Irani-headed expert committee, which had been tasked with framing a new company law in December 2004. It submitted its report to the MCA on May 31, 2005.

Since then, the ministry has been working on the new law, which aims to update India’s corporate laws and make them globally competitive, transparent and investment-friendly.

Corporate lawyer Naveen Goel said the current law enabled people to file public interest litigation that was limited to the violation of fundamental rights and not for civil claims or torts (the latter being the body of law that governs negligence, intentional interference and other wrongful acts for which civil action can be brought).

“This is the first such instance of a class action provision in Indian corporate law,” he added.

This will empower consumers and investors, and discourage sharp practices by certain companies. A codified law is always easier to implement and be enforced in a court. Plus, it removes ambiguity and establishes the unequivocal intent of Parliament. Courts in India have always leaned in favour of giving effect to the law as framed by the legislature,” said leading corporate lawyer Ramji Srinivasan.

Class action is common in the developed world, particularly the United States and Europe. In the US, tobacco companies have had to bear massive awards in giant class action suits that held them responsible for misleading smokers about the harmful effects of cigarettes.

Noted lawyer Pavan Duggal said companies will have to start preparing for similar class actions suits in India and set aside funds for meeting any eventualities. “Tobacco, alcohol, drug firms and infotech companies face a high risk for class action,” he said.

Another lawyer said one emerging area for class action suits could be mobile handset companies. “Some studies claim that there are ill-effects from sustained usage of mobiles. Till now there is nothing firm on this, but a few years later it will become possible to claim damages,” he said.

http://www.businessstandard.com/common/storypage_c.php?leftnm=10&autono=302258

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Law firm caught in GMR, Govt. face-off

Oct. 25 2007 Mint EXCLUSTIVE PARTNER WITH THE WALL STREET JOURNAL

The civil aviation ministry has taken strong exception to Amarchand Mangaldas & Suresh A. Shroff & Co., one of the India’s leading corporate law firms, offering legal advice to GMR Infrastructure Ltd and GVK Power & Infrastructure Ltd, companies that lead the consortia modernizing airports at New Delhi and Mumbai, respectively.

That’s because New Delhi-based Amarchand Mangaldas was contracted by the government to prepare the legal contracts and other documentation as part of the privatization of the Delhi and Mumbai airports early last year.

As part of that contract, said two senior government officials familiar with the process and did not want to be identified, Amarchand Mangaldas cannot provide legal services to any bidder in the airports privatization until May.

In what is the latest development in the spat between the government and the GMR-led Delhi International Airport Ltd or DIAL over restructuring of business at the Capital’s airport, the ministry now plans to complain to the Bar Council of India over what it calls a breach of contract and professional misconduct on part of Amarchand Mangaldas.

A civil aviation ministry official said it has been advised by the law ministry that it was “ethical misconduct” on part of the Amarchand Mangaldas to represent “both parties to a contract at different stages.”

A phone call and email with questions, sent on Tuesday for comment to Amarchand Mangaldas managing partner Cyril Shroff, whose Mumbai office staff said he was in London, were not returned.

Emails to two other partners—Pallavi Shroff and Shardul Shroff—on Wednesday, too, didn’t elicit a response.

Meanwhile, it is likely the law firm issue will also spread to the Mumbai airport.

Amarchand Mangaldas has also been hired by Mumbai International Airport Ltd, or MIAL, led by GVK Power &Infrastructure that, with  Airports Company South Africa and Johannesburg-based Bidvest Group Ltd on “litigations leftover by holds 74%. The law firm is advising MIAL the legacy disputes over various contracts at the airport” as also “developing commercial contracts”, said a senior GVK official, who requested anonymity.

The role of the legal firm surfaced some weeks ago as differences between the ministry and the DIAL management have started snowballing on the airport operator’s plans to spin off real estate and cargo businesses into two units—Delhi Aerotropolis Pvt. Ltd and Delhi Cargo Pvt. Ltd—and plans to seek approval for a third unit to run duty-free shops.

Through Delhi Aerotropolis, DIAL wants to part-fund the Rs8,900-crore airport development, which has a 2010 deadline, by securing at least Rs2,835 crore in deposits, refundable after 28 years, and an annual licence fee from a realty developer who will develop about 45 acres of airport land into a hospitality district.

According to aviation ministry officials, the government will lose revenues—New Delhi is to receive some 46% of the airport revenues as part of the privatization deal—if such a recast is permitted.

Both the subsidiaries do not conform with the Operations Management Development Agreement, an agreement central to the 30-year privatization contract, according to advice given by New Delhi law firm Swarup &Co. to the Airports  Authority of India or AAI. The state-owed regulator says the agreement does not allow DIAL “to assign or transfer its obligations to third parties” as is being proposed.

GMR confirmed it had taken advice from Amarchand Mangaldas as also from several other firms but said it was unaware of the law firm’s contractual terms with the government. But, “there should not be any reason for conflict,” insisted GMR’s chief finance officer Madhu Terdal.

Hyderabad-based GMR Group holds 50.1% of DIAL’s equity with Frankfurt airport operator Fraport AG and a unit of Malaysian Airports Holding Bhd. each owning 10%. Private equity player India Development Fund has a 3.9% stake apart from a 26% stake by AAI.

“We have taken their (Amarchand Mangaldas) advice for the limited purpose of preparing the bid document (for the hospitality district). They are the best people to advise as they understand (the agreement).

“We do not think it is (unethical),” said another senior GMR Group executive, who did not want his name used.

Said S. Gopakumaran Nair, chairman of the Bar Council of India, a regulatory body that lays down the standard in professional conduct among lawyers: “The Bar Council Rules state that a lawyer who has consulted with one party cannot switch over to the other party in the same case when appearing before a court or tribunal as it amounts to professional misconduct.

He was speaking in general and not about Amarchand Mangaldas.

A law firm, “while drafting the concession agreement, would have been given confidential information by the first client. Switching sides to a second client, who is also a party to the contract, can hurt the first client. Therefore, although this service is not before a court or tribunal, it is unethical,” Nair said.

http://www.livemint.com/2007/10/24222849/Law-firm-caught-in-GMR-govt-f.html?atype=tp

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24 October, 2007

Relaxation of maternity norms irks SC

The Times of India Delhi 24 October 2007 P. 18

Says Benefits Without Curbing Childbirths Will Impair Efforts To Check Population

New Delhi: The Union health ministry’s decision to extend maternity benefits to a below poverty line (BPL) mother without any limit on number of childbirths evoked sharp criticism from the Supreme Court on Tuesday as it felt this could severely impair efforts to check the high population growth rate.

The court was informed that the benefit was limited to two live childbirths per BPL mother under National Maternity Benefit Scheme (NMBS). But, under the revised Janani Suraksha Scheme (JSY), the ministry decided in July this year to do away with the limit on number of childbirths.

Colin Gonsalves, counsel for petitioner, NGO People’s Union for Civil Liberties (PUCL), was seeking better implementation of JSY, but a bench comprising Justices Arijit Pasayat and S H Kapadia asked why the Centre removed the limit of two live childbirths per BPL mother.

“There should be some control over the population. The benefit cannot continue for 6-7 children per mother. The tax payers cannot go on paying for so many children. We have to put a curb there,” the bench said before reserving order on PUCL’s application.

Gonsalves said poor implementation of the scheme resulted in very few beneficiaries under the JSY and the relaxation of norms was to ensure that all mothers got proper nutrients and post-childbirth health care.

Unimpressed, the bench said, “We have to think of the tax payer also. The government cannot go on imposing one tax after the other. There has to be some limit — either two or three childbirths. You cannot go on adding merrily and the tax payer cannot be asked to pay under this surcharge or the other.”

When Gonsalves stressed on poor utilisation of disbursals under the 100% centrally funded scheme, the bench asked additional solicitor-general Mohan Parasaran to explain whether the Centre had any guidelines to ensure proper utlisiation of the grants under JSY.

“The less the utilisation the better it is for the Centre. Because, the funds gets reduced the next year in accordance with the utilisation of the money in the previous year under the scheme,” the bench said. Interestingly, JSY also discarded the age limit of 19 years fixed under NMBS for a BPL mother to claim benefit, especially because the legal age of marriage is 18 years. Under the new scheme, the age of the mother does not matter, even if she is 16 or 17 years old.

This runs counter to the government’s efforts to curb the practice of child marriage. This year, it had come out with a comprehensive law ‘Prohibition of Child Marriage Act, 2006’ that envisaged punishment to parents who give their girl in marriage before she was 18 years of age.

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23 October, 2007

First plea bargaining case

15 Oct 2007 The Times of India

MUMBAI: For the first time in Mumbai, an application for plea bargaining was made before a sessions court recently when a former Reserve Bank of India clerk—accused in a cheating case—sought a lesser punishment in return for confessing to his crime.

In the US and Europe, plea bargaining is a widely prevalent practice which helps expedite the legal process. Plea bargaining allows the accused to bargain with the court on the sentence that will be awarded. A key aspect is that the facts stated in an application for plea bargaining are not meant to be used for any other purposes.

In the present case, Sakha-ram Bandekar, a grade I employee, was accused of siphoning off Rs 1.48 crore from the RBI by issuing vouchers against fictitious names from 1993 to 1997 and transferring the money to his personal account. He was arrested by the CBI on October 24, 1997, and released on bail in November the same year. The case came up before special CBI judge A R Joshi and charges were framed on March 2 this year.

The accused then moved an application before the court on August 18 stating that he was 58 years old and would seek plea bargaining. The court directed the prosecution to file its reply.

The judgment delivered in a case of plea bargaining is final and no appeals are allowed against such verdicts. The accused may also be released on probation if he is a first-time offender.

Plea bargaining was introduced in India through the Criminal Law (Amendment) Act, 2005—passed in the winter session of Parliament—to bring changes in Chapter XXIA of the Criminal Procedure Code.

Under the law, plea bargaining is applicable only in respect of lesser offences for which the maximum punishment is imprisonment of seven years. It does not apply to serious cases or those committed against a woman or a child below the age of 14 years.

The CBI, while opposing the application, said, "The accused is facing serious charges and plea bargaining should not be allowed in such cases.’’ It continued, "Corruption is a serious disease like cancer. It is so severe that it maligns the quality of the country, leading to disastrous consequences. Plea bargaining may please everyone except the distant victims and the silent society.’’ Based on these submissions, the court rejected Bandekar’s application.
Although Bandekar’s plea was not accepted, the case is an indicator to an emerging legal trend. According to experts, plea bargaining could reduce the heavy backlog of cases in Indian courts. As it requires the accused to confess to a crime and does away with a lengthy trial, the time currently spent by courts on dealing with lakhs of cases could be reduced drastically.

For the accused, the real benefit is that by confessing to a crime and bargaining for the prison term, he or she may escape with a lesser punishment than what the court may award after a complete trial.

Plea bargaining in other countries In the US, plea bargaining is a significant part of the criminal justice system; the vast majority of criminal cases is settled by plea bargain rather than by a jury trial. But plea bargains are subject to the approval of the court, and different states and jurisdictions have different rules.

Plea bargaining in Pakistan was introduced by the National Accountability Ordinance, 1999, an anti-corruption law. The accused applies for it accepting his guilt and offers to return the proceeds of corruption as determined by theinvestigators/prosecutors.

After endorsement by the chairman of the National Accountability Bureau, the request is presented before a court. In case the court accepts the request for plea bargain, the accused stands convicted but is not sentenced if in trial, nor does he undergo a sentence previously pronounced by a lower court if in appeal. However, the accused is disqualified from taking part in elections, holding public office and obtaining a bank loan, besides being dismissed from service if he is a government officer.

In Italy, the procedure of ‘pentito’ (literally, he who has repented) was introduced for counter-terrorism purposes, and generalised during the Maxi trial against the mafia in 1986-1987. The procedure has been contested, as the pentiti received lighter sentences as long as they supplied information to the magistrates. Many of them have been accused of deliberately misleading the justice system.

http://timesofindia.indiatimes.com/articleshow/2458523.cms

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