24 September, 2007

The Bombay High Court warns warrying spouses

'Mind language in divorce pleas'
23 Sep 2007, 0231 hrs IST , Swati Deshpande , TNN

MUMBAI: Mind your language-in bed and out of it. This could be the new warning mantra for warring spouses, especially those who knock on the family court's door. The Bombay high court recently directed that language in divorce petitions had to be clean and temperate, and deleted several paras of a husband's explicit rant against his wife's alleged “unnatural sexual demands''.
The man, who cited these demands as an infliction of “mental cruelty'', wanted out on these grounds. His wife maintained that the descriptions in his petition were “scandalous, torturous, indecent and traumatic'' and should be struck off the record. The family court in Mumbai rejected her plea, but the Bombay high court was more understanding.
The high court held that a court of law should not permit a divorce proceeding “to be converted into a source of continued embarrassment and harassment to a party'' and struck off the offensive portions from the written plea. “The judgment will help bring sobriety into nasty courtroom divorce dramas where dirty linen gets washed,'' said a lawyer.
The HC judgment by Justice S C Dharmadhikari has come as a huge relief not just for a 30-something educated Mumbai wife but will benefit hundreds of spouses, especially wives, against whom divorce petitions are increasingly being filed on the sole grounds of mental cruelty.
Mental cruelty is a broad term, and all manner of “allegedly unacceptable or intolerable behaviour'' gets lumped into petitions that seek to paint a picture of matrimonial dysfunction and unhappiness, say divorce lawyers.
Often actions and abusive words are reproduced verbatim even in vernacular languages, say lawyers. This adds to the humiliation of the spouse who is at the receiving end, irrespective of gender.
The case at hand was of a double-income-single-child urban couple which wanted to split. Sheetal (name changed), a young corporate executive with a seven-year-old son from a previous marriage, couldn't believe her eyes when she was served a copy of the divorce petition by her husband, a banking executive in his 30s. In fact, she was unable to read through the entire document. The petition was peppered with her alleged demands for sex and contained detailed bedroom scenes. Demanding that the court expunge the pleadings, her lawyers Sadhana and Ramesh Lalwani said the language of the petition was “very crude and very explicit''. Both spouses were divorcees and had married in November 2004.
The Lalwanis were relying on the civil procedure code, the guiding force behind civil court proceedings. Quoting from it, they said that if court proceedings and pleadings were used to inflict humiliation on a party, or were frivolous and vexatious and would not help in a fair trial, they could be deleted. “No decent woman will be able to stand in a family court and discuss the case if such unsavoury pleadings are allowed to creep into pleadings,'' said Ramesh Lalwani.
Even though the proceedings of the family court are held in-camera and are out of bounds for outsiders including the media, there is still the shame of having to contend with the presence of court staff, opposing lawyers and witnesses, the lawyer pointed out. Besides, such pleadings remain on record in documented form and could prove to be a source of embarrassment and trauma to a child of such couples who may read it later.
Justice Dharmadhikari heard the Lalwanis as well as N V Gangal who defended the husband. Gangal said that deleting the portion in question would be prejudicial to the husband as it contained details of the alleged cruelty that would assist the family court in deciding the controversy.
Justice Dharmadhikari even met the couple in his chamber and asked them to amicably resolve their matrimonial problem as an educated duo. But his advice failed to work and the couple will now fight out their contested divorce case in the family court at Bandra. The judge relied on a Supreme Court ruling in a non-matrimonial dispute case to hold that temperate language was central to fair legal proceedings even in disputes that arise under the Family Courts Act.
The high court, however, did say that the husband was not precluded from making any statement and disclosing necessary particulars in his oral deposition before the family court, and that the wife was at liberty to cross-examine him in such a case. “Ultimately, it is for the family court to decide the evidentiary value of these statements and allegations. Also the family court judge is at liberty to regulate and control the proceedings and based on the objections raised by either parties to disallow any question or permit any question to be answered.''
Justice Dharmadhikari made it clear that in such cases, evidentiary value would be decided by the judge and merely because the divorce petitioner was permitted to depose on the basis of the averments in the petition during the oral deposition, it did not necessarily mean that the court had to treat that as evidence. In view of the seriousness of the cruelty charges, the HC directed the family court to expedite the hearing.

http://timesofindia.indiatimes.com/Bombay_HC_warns_warring_spouses/rssarticleshow/2394123.cms

With Thanks from The Times of India
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09 September, 2007

Mobile service to check harassment

8 Sep 2007, 0419 hrs IST,Deeksha Chopra,TNN The Times of India

NEW DELHI: In a bid to check instances of sexual harassment of women in the city, the Delhi Commission for Women (DCW) is planning to launch a Mobile Van Service to reach out immediately to the victims. It will enable affected women to call an exclusive phone number, other than 100, on which they can lodge complaints — molestation, physical abuse, rape and harassment — directly with the women’s commission, which will further inform the police. "It will be a helpline, exclusively for women in distress. They can directly call the commission on the emergency number and the mobile van will be at their service. The idea was conceived especially keeping in mind the plight of women from the lower strata whose cases are not taken seriously at police stations. Many times, after being sexually abused they are not in a position to lodge a complaint," said Barkha Singh, chairperson, Delhi Commission for Women. "We will be presenting our proposal to chief minister Sheila Dikshit soon and will rope in a couple of NGOs to carry forward the project. Hopefully within the next three months at least 3 to 5 mobile vans will be on Delhi roads," Singh said. There will be a trained doctor, a first-aid kit, counsellors and also a police official on the 24-hour mobile van. They will be equipped to pick up victims and to take them to the nearest hospitals if required or to the police stations for lodging their complaints. Singh said: "Obviously, without the help of police, the service will seem incomplete. There are plans of roping in Delhi Police for the project as well." Apart from mobile vans, the Delhi Commission for Women also has plans of opening creches for working women from economically weaker sections particularly in the slum clusters of Delhi.
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05 September, 2007

Cops present wrong 'wife' in Delhi HC

29 Aug 2007, 0408 hrs IST,TNN The Times of India
NEW DELHI: The Delhi police faced an embarrassment in the Delhi HC on Monday after they produced a woman in a matrimonial dispute who was not the petitioner's wife. The confusion arose due to two petitioners with similar sounding names, both involved in a matrimonial dispute and both of whom had filed habeas corpus petitions. While one petitioner's name was Suresh Kumar Chand the other was Suresh Kumar. The police produced Suresh Kumar's wife when the petition of Suresh Kumar Chand was being heard. While the woman in the court refused to identify Suresh Kumar Chand as her husband, the court felt that she was refusing to identify her husband out of fear and kept encouraging her to speak the truth. Yet the woman stuck to her statement. The mistake came to light only after the counsel for the petitioner Suresh Kumar Chand, following client's instruction, pointed out to the Bench comprising Chief Justice M K Sharma and Justice Sanjeev Khanna that the woman produced by the police in the case was different from his wife. Later, the woman confirmed the fact to the Bench. The woman, married to Suresh Kumar, denied being married to Suresh Kumar Chand, who was present in the Court to contest the legal battle. Realising there was a confusion on part of the police as far as names of two different petitioners were concerned, the Bench let off the cops after satisifying itself with the bonafides of the woman. The woman was actually supposed to be produced in the court in connection with another matrimonial dispute filed by Suresh Kumar. Interestingly, the police had wrongly filed the status report of Suresh Kumar's case with the present habeas corpus petition filed by Chand. Directing the police to cancel the status report, the Bench asked the police to attach the report in the appropriate case file.
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04 September, 2007

TVS infringing on proprietary know-how: Bajaj Auto

Buisness Line Business Daily from THE HINDU group of publicationsSunday, Sep 02, 2007

Mumbai, Sept. 1 Bajaj Auto, which developed the Digital Twin Spark Ignition (DTSi) technology for two-wheelers, is alleging that TVS Motor Company is using the same technology in its recently launched 125-cc TVS Flame motorcycle and thereby infringing on their proprietary know-how.
According to Mr Amit Nandi, General Manager-Marketing, Bajaj Auto, the Chennai-headquartered TVS Motor has used the technology patented by Bajaj Auto globally. The company’s legal team is evaluating the matter and will soon initiate steps against its rival to protect its know-how.
Mr Nandi said the new bike’s spark plugs were similar to those present in Bajaj’s DTSi bikes (two spark plugs located at opposite ends of the combustion chamber).
The company contends that TVS Motor’s 125 cc motor cycle also has spark plugs located at opposite ends of the compression chamber. Since location is the key to fuel efficiency and emission control, the design of TVS Motor’s vehicle infringes on their proprietary know-how. Competing models
Further, the 125 cc motor cycle ‘Flame’ is in direct competition with Bajaj’s Discover motorcycle and the upcoming new Exceed model.
Though globally the DTSi technology is present in high engine-capacity bikes, only Bajaj holds the global patent for this technology in the 125-220 cc segment. The company acquired the patent in 2002, Mr Nandi said. Bajaj introduced the technology to enhance the combustion process and ensure improved fuel efficiency and lower emissions.
The company is reportedly introducing its new 125 cc Exceed bike in the second week of September with an upgraded DTSi technology called DTS-Si developed by Bajaj Auto R&D. The company plans to sell 20,000 Exceed units in September and increase the number to 50,000 units by November this year, a company release stated.
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TVS plans suit against Bajaj

Buisness Line Business Daily from THE HINDU group of publicationsMonday, Sep 03, 2007

Chennai, Sept. 2
TVS Motor Company proposes to file a suit against Bajaj Auto if the latter does not withdraw its allegations that TVS infringed on Bajaj’s proprietary know-how.
“We have been advised to initiate action for libel against Bajaj Auto Ltd and we in turn have advised our lawyers to put Bajaj Auto Ltd on notice that unless the malicious allegations are withdrawn and regrets expressed, TVS would file a suit for damages in a sum of Rs 250 crore,” says a company release.
“The allegation of Bajaj Auto is ridiculous and can be established by their own admission that the invention in issue - the application of twin spark plug is a known technology used extensively all over the world for decades and therefore, in patent law, it is a known prior art,” it says.
The patent that Bajaj claims is not for the use of twin spark plug technology per se but for the use of the two spark plugs in a two valve IC engine with a detachably fixed sleeve. Against this patent, an application for revocation has already been filed by TVS Motor. In any event, the use of twin spark plug technology by TVS Motor does not infringe the above patent against which revocation proceedings have already been initiated by the company, the release adds.
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TVS Motor counters claims

Buisness Line Business Daily from THE HINDU group of publicationsTuesday, Sep 04, 2007
Chennai, Sept. 3 In a press release issued by TVS Motor Company today, the company explains that Bajaj Auto had, at first, filed a complete final claim for patent for its “DTSi” technology on July 3, 2003 stating that “An improved internal combustion engine for efficient burning of lean air fuel mixture used in engines working in four-stroke principle, characterised in that said IC Engine comprising…” But, this was not the invention for which the patent was granted.
“Had they got the patent for this, which they could not have as this was, in patent law a prior art, then they could perhaps have claimed only they could use the two spark plug technology. But what happened was something else,” says TVS Motor Co.
Before the grant of patent, Bajaj Auto Ltd had to amend, and in fact amended, its complete final claim on November 5, 2004, wherein Bajaj Auto Ltd reduced its claim to “An improved internal combustion engine for efficient burning of lean air fuel mixture used in engines working in four-stroke principle, having two valves, characterised in that said IC Engine comprising….” This is critical. The patent, as granted, rests on the two valves as the distinct new feature, not on the two spark plugs.
Thus Bajaj Auto’s final claim to patent is based on ‘two valve engine’. In contrast, TVS Motor’s Internal Combustion Engine has three valves. In addition to this fundamental differential, which makes all the difference in law, each and every element of Bajaj Auto patent claim description, including ‘twin spark plugs’, rests purely on ‘prior art’. On a comparison of Bajaj Auto IC Engine with TVS Motor IC Engine, and also by applying the doctrines of all ‘element rules’ and ‘equivalence’ under Patent Law, any charge of ‘infringement’ against TVS Motors by Bajaj Auto is clearly ridiculous, says the release.
It goes on to say that the patent rights claimed by Bajaj Auto Ltd for its Internal Combustion Engine is not for ‘twin spark plugs’ per se. It is for the use of twin spark plugs in two valve engine. On the other hand, TVS Motor’s technology is a combination of its in-house developed innovative technology and uses AVL’s patented ‘3 Valves’ technology in engine.
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‘Bajaj will defend intellectual property rights’

Buisness Line Business Daily from THE HINDU group of publicationsTuesday, Sep 04, 2007

Pune, Sept. 3 Bajaj Auto Ltd (BAL) is preparing to defend its intellectual property in the event a rival’s product that uses the Digital Twin Spark ignition (DTSi) is eventually introduced.
In a statement, the company has said that use of the DTSi technology in small automotive engines is worthy of intellectual protection. “If evaluation of the actual product appears to suggest reasonable grounds for infringement, Bajaj will take all necessary steps to safeguard its interests as also to inflict the maximum permissible damage upon the offender so as to set an effective precedent,” it says.
It has clarified, that it applied for a patent in the Indian market on July 16, 2002 and was granted approval via patent number 195904 on July 7, 2005. “If there exists any application for revocation of this patent, details of the same are not known to Bajaj,” the statement issued by Mr S. Sridhar, CEO, Two-wheelers, BAL, has said.
The company expects approval of its international patent applications in various foreign countries subsequent to its application PCT/IN03/000348 dated October 30, 2003.
Mr Sridhar pointed out the instance where the Sri Lankan distributor of Chinese manufacturer Taian Chiran Machinery Co Ltd was instructed by the High Court of the Western Province, Sri Lanka, to withdraw its copy of the Bajaj Pulsar from the market. “Domestic manufacturers may adopt similar methods in India,” he said, adding that any attempt to infringe would be dealt with strongly.

http://www.thehindubusinessline.com/2007/09/04/stories/2007090452360200.htm

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DTH operators get TRAI nod to pick and choose channels


Regulator wants broadcasters to speed up interconnection
____________________________________________________________________
New rules
Broadcasters interconnect offer in 3 months
There are only 3.2 m subscribers of pay DTH
Broadcasters to offer all channels on a la carte basis
____________________________________________________________________

Our Bureau
New Delhi, Sept.3 In a bid to boost the uptake of direct-to-home (DTH) services in the country, the TRAI has made it mandatory for broadcasters to offer interconnection to DTH operators within a stipulated period of time.
The TRAI has also allowed DTH operators to pick and choose channels they want to offer from the bouquet offered by the broadcasters.
The TRAI has asked all broadcasters to publish a reference interconnect offer within three months.
If a DTH operator makes a request to a broadcaster to enter into an interconnection agreement based on the reference offer, then the broadcaster will have to comply within 45 days.
In case of any DTH operator and broadcaster not agreeing on the terms of the interconnection, the TRAI will intervene and facilitate an agreement.
This is similar to the interconnection agreement in the telecom sector.
The reference interconnect offer will contain rates of channels, payment terms, discount rates, tenure of agreement and security and anti-piracy requirements.
“One of the reasons for the delay in rolling out DTH services was the difficulty faced by the broadcasters and the DTH operators in concluding their interconnection agreements on time, and the issue in two such cases had to be resolved by the Telecom Disputes Settlement and Appellate Tribunal,” said the TRAI, justifying its regulation.
“This not only affected the growth of the sector, it also hampered competition because DTH at present is the only effective alternative to cable TV.”
There are only about 3.2 million subscribers of pay DTH services compared to nearly 70 million subscribers for cable TV.
The regulation will come into effect from December 1.
The TRAI has also instructed all broadcasters to compulsorily offer all their channels on a la carte basis to DTH operators.
“Additionally, they may also offer bouquets, but they will not compel any DTH operator to include the entire bouquet in any package being offered by DTH operators to their subscribers,” the regulator said.
DTH operators had been protesting against broadcasters who were forcing them to take less popular channels along with the popular ones in a bouquet.
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People losing faith: apex court

4 September 2007 The Hindu.
J. Venkatesan

Judges express concern over a case pending for 50 years

New Delhi: Expressing serious concern over long delay in disposal of cases, the Supreme Court has asked authorities to ensure speedy disposal if the people’s faith in the judiciary is to remain.
“People in India are simply disgusted with this state of affairs and are fast losing faith in the judiciary because of the inordinate delay in disposal of cases,” said a Bench consisting of Justices A.K. Mathur and Markandey Katju while deciding a suit relating to a land dispute pending for 50 years at various stages in different courts.
“Before parting with this case we would like to express our anguish at the delay in disposal of cases in our law courts. The present case is a typical illustration. A suit filed in 1957 has rolled on for half a century. It reminds one of the cases, Jarndyce vs. Jarndyce in Charles Dickens’ novel ‘Bleak House,’ which had rolled on for decades, consuming litigants and lawyers like.”
Quoting a passage from this novel, the Bench said: “Jarndyce and Jarndyce drones on. This scarecrow of a suit has, in course of time, become so complicated, that no man alive knows what it means. The parties to it understand it least; innumerable children have been born into the cause; innumerable young people have married into it; innumerable old people have died out of it. Scores of persons have deliriously found themselves made parties in Jarndyce and Jarndyce, without knowing how or why; whole families have inherited legendry hatreds with the suit.”
Was this not descriptive of the situation prevailing in India today?
The Bench was disposing of a civil appeal filed by Rajindera Singh (dead) through his legal representatives against an Allahabad High Court judgment. Initially Prem Mai and others filed the suit in 1957 and it was decreed in 1963. Then the matter went for first appeal, second appeal and finally the execution appeal was disposed of by the High Court in September 1999. The present civil appeal is directed against this order.
“Insofar as the present proceedings are concerned, we set aside the impugned judgment and order of the High Court and allow this appeal,” the Bench said.
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Date:04/09/2007 URL: http://www.thehindu.com/2007/09/04/stories/2007090458350100.htm
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