'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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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.

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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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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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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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SC: Loose talk by judges harming judicial dignity

15 Oct 2007 The Times of India

NEW DELHI: The Supreme Court has come out strongly against over-speaking trial court judges and said their loose talk and sweeping generalisation while evaluating evidence of a witness could harm judicial dignity.

Judges may be like any other human being but they need to exercise judicial restraint and discipline for orderly administration of justice, sermonised the apex court.

These observations came from a bench of justices C K Thakker and Altamas Kabir, which took exception to a Gurdaspur additional sessions judge accusing a witness of making false statement even though his statement was accepted in part by the trial judge as well as the high court in convicting the accused in a dowry death case.

While conceding that judges had normal human traits with likes and dislikes, preferences and prejudices, it stressed on judicial restraint and discipline, saying these were necessary for orderly administration of justice.

It quoted a 1964 judgment and wanted the judges to remember the words of then apex court judge, Justice S K Das, who had said, ‘‘In expressing their opinion, judges and magistrates must be guided by the consideration of justice, fairplay and restraint. It is not infrequent that sweeping generalisations defeat the very purpose for which they are made.’’ Justice Das had further said, ‘‘It has been further recognised that judicial pronouncements must be judicial in nature, and should not normally depart from sobriety, moderation and reserve.’’

The bench quoted a 1986 judgment of the apex court in which the then Chief Justice P N Bhagwati had said, ‘‘Judges should not use strong and carping language while criticising the conduct of parties or their witnesses. They must act with sobriety, moderation and restraint. They must have the humility to recognise that they are not infallible.’’

Taking cue from these judgments, the Bench ordered expunction of the Gurdaspur judge’s scathing remarks against the witness in the dowry death case.

http://timesofindia.indiatimes.com/articleshow/2458494.cms

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Marriage not must for relief under Domestic Violence Act

THE TIMES OF INDIA 22,2007 New Delhi P.6

Women who are in a live-in relationship can get relief under the Protection of Woman from Domestic Violence Act, a city court said, asserting that the law was not only for the married.

‘‘A woman, even if she is not a lawfully married wife but has only been having a live-in relationship is entitled to protection under this Act as the relationship is a domestic relationship,’’ said metropolitan magistrate Praveen Singh.

Describing the objects of the women friendly legislation in letter and spirit, the magistrate in a recent order said that any woman, who being in a ‘domestic relationship’ of any kind, is subjected to domestic violence, can seek protection and relief under this Act. The court also pointed at another important aspect of the Act, asserting the reliefs under it are separate and independent remedies and a victim could not be denied respite on the grounds that she has filed a petition under any other law as well.
‘‘The protection provided to woman under this Act is separately available, apart from the other remedies available under any other law and pendency of the proceedings under other laws is no bar to filing a petition under the D V Act and granting relief under it,’’ it stated.
The court’s observations came while deciding a petition by complainant Bindu Kirpal, who had sought various reliefs under the D V Act from her ‘husband’ Arun Kirpal and step daughter Neha Kirpal.

Her petition was vehemently opposed by the respondents claiming she was not entitled to any relief as she was in a livein relationship and was not lawfully married to Arun as per Hindu rites and rituals. It was further contended that since her petitions for maintenance under the Code of Criminal Procedure (CrPC) and Hindu Marriage Act were pending, she was constrained to extract any monetary relief from the present complaint.
The magistrate, however, dismissed Arun’s pleas and said that after it was proved that she was in a domestic relationship with him and that violence was perpetrated on her, there was no bar on the court under the D V Act from granting her relief.
Allowing Bindu’s plea, it restrained Arun from communicating with her or any of her relatives and directed him not to sell a house at Defence Colony which was shared by the couple. The court has also asked Arun to provide her an alternate accommodation as she was not willing to stay with him anymore and to give her Rs 10,000 monthly towards her expenditure.

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Wyeth not to sue Sun Pharma over generic Venlafaxine

17 Oct, 2007 The Economic Times

MUMBAI: Sun Pharmaceutical Industries has received a covenant ‘not to sue’ from Wyeth over Sun Pharma’s abbreviated new drug application for generic venlafaxine extended release tablets with multiple para IV certifications.

This ANDA for generic venlafaxine extended release tablets, AB-rated equivalent of Wyeth’s Effexor XR capsules, includes three strengths: 37.5 mg, 75 mg and 150 mg and is based on innovative technology for extended release tablets.

These strengths of Effexor XR capsules annual sales is $2.6 billion in US.

As per the agreement, Wyeth covenants not to sue Sun under any claims of US Patent Nos. 62,74,171, 6,40,13,120 and 64,19,958.

Venlafaxine is an antidepressant of the serotonin-noreplnephrine reuptake inhibitor class.

On Tuesday shares of Sun Pharmaceutical were down by 1.88 per cent at Rs 972 on BSE.

On Tuesday shares of Wyeth shares were down by 0.85 per cent at Rs 474.05 on BSE.

http://economictimes.indiatimes.com/Pharmaceuticals/Wyeth_not_to_sue_Sun_Pharma_over_generic_Venlafaxine/articleshow/2465909.cms

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MRTPC holds DLF guilty for unfair trade practice

17 Oct, 2007 The Economic Times

NEW DELHI: The Monopolies and Restrictive Trade Practices Commission (MRTPC) has held country's top realty firm DLF Ltd for indulging in unfair trade practice by not disclosing the basis of calculating the carpet area to its client.

"MRTPC has held that DLF Universal Ltd indulged in unfair trade practice and came under the scrutiny of Section 36-A of the MRTP Act by not disclosing to the complainant, K P Jain, the basis of carpet area calculations, thus prejudicing the interest of consumer," the Ministry of Corporate Affairs said in a statement.

The commission held that suppression of norms by DLF in calculating carpet area has a flavour of misrepresentation.

The complainant had entered into an agreement with DLF for purchase of office space. As per the agreement, Jain would have a super area of about 101.46 sq mt, including a carpet area of 74.88 sq mt.

The complainant was under the impression that the carpet area would be equal to floor area without including the thickness of the bounding walls.

DLF kept the view to itself without disclosing the same to the petitioner at the time of agreement, the statement said.

http://economictimes.indiatimes.com/Property__Cstruction/MRTPC_holds_DLF_guilty_for_unfair_trade_practice/articleshow/2467607.cms

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Courts cannot quash decisions of disciplinary authority: CAT

17 Oct 2007 The Times of India

NEW DELHI: The Central Administrative Tribunal (CAT) has said that courts cannot sit in appeal over the decision of a disciplinary authority of a government department in relation to an employee's service.

A bench of the CAT headed by Member Meera Chhibber, declining to set aside the order of the Disciplinary Authority dismissing a senior engineer of Defence Ministry held that the scope of judicial review is limited to deficiency in decision making process and not the decision.

The tribunal said this while declining to interfere in the dismissal from service of a government employee convicted in a corruption case but whose sentence was suspended on appeal.

The bench added that courts can only review whether there is any irregularity in coming to the decision.

The tribunal accepted the argument of the Centre that merely because the sentence has been suspended by the appellate court, the conviction is not nullified.

The bench however said that if the appeal of the petitioner against conviction is allowed or he is exonerated by the High Court, he can seek remedy by making representation to the authority concerned.

The tribunal also observed that opportunity was given to the petitioner to make his representation on the proposed penalty.

The petitioner P K Verma, a senior engineer with Indian Service of Engineers (ISE) had alleged that he was removed from service on the basis of conviction in a corruption case and assailed the order of the department as bad in law. No reason was given and nor his representation was considered, he added.

http://timesofindia.indiatimes.com/India/Courts_cannot_quash_decisions_of_disciplinary_authority_CAT/articleshow/2467732.cms

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Lilavati row: Report submitted to HC

18 Oct 2007 The Times of India

MUMBAI: A A Halbe, the joint administrator appointed by the Supreme Court to the Lilavati Hospital Trust, on Wednesday submitted a report to the Bombay high court. A division bench of Chief Justice Swatanter Kumar and Justice Dhanajay Chandrachud has directed the other administrator appointed by the court to respond to the report. The case has been adjourned to October 23. In his report, Halbe has cited various irregularities.

The court is hearing the feud between the Mehta family on the issue of trusteeship of the hospital.

http://timesofindia.indiatimes.com/Mumbai/Lilavati_row_Report_submitted_to_HC/articleshow/2468854.cms

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Father can exclude son from will: SC

18 Oct 2007 THE TIMES OF INDIA

NEW DELHI: Callous offspring who do not care for aging or ill parents but still expect to be given a share of their parents' property had better pay heed. The Supreme Court found nothing suspicious in a father cutting out of his will a son who had refused to look after his cancer-afflicted parent.

The son lived separately and had hardly inquired about the health of his father for 19 years.

Sankaran Nair, a cancer patient, lost his job in 1959 but got no succour from his son, Madhavan Nair. For the next 19 years, the son lived separately. During these trying times, the son and daughter of Sankaran's sister took care of him.

However, immediately after his father's death in 1978, the avaricious son moved a Kerala civil court demanding rights over Sankaran's property claiming to be the natural heir.

What came in his way was a will executed by Sankaran in 1971 giving the entire property to his nephew and niece, probably in gratitude for the care they took of him when his own son was found wanting.

The trial court found this utterly suspicious, that a father would deprive his son of his rights over the paternal property and ruled in favour of Madhavan. On appeal, the Kerala HC set aside the trial court order and restored the property to Sankaran's nephew and niece.

When the matter reached SC and the 'suspicion' ground was raised, perhaps implying that Sankaran had been influenced by his niece and nephew, a Bench comprising Justices S B Sinha and H S Bedi rejected the plea and said, "Deprivation of a due share to the natural heirs itself is not a factor which would lead to the conclusion that there exists suspicious circumstances."

The Bench noted that Sankaran, during the period of his long ailment, lived with his sister and her children. "If in that situation, he executed a will in their favour, no exception thereto can be taken," it said.

The fact that the will was executed in 1971, seven years before Sankaran's death, did not escape the apex court's scrutiny. It said: "The testator (Sankaran) lived for seven years after the execution of the will. He could have changed his mind — but he did not. The very fact that he did not take any step for cancellation of the will is itself a factor which the court may take into consideration for the purpose of upholding the same."

Reflecting on the attitude of the son to justify the correctness of the will, the Bench said, "The son was not meeting the father. He had not been attending to him. He was not even meeting the expenses for his treatment from 1959, when he lost his job, till his death in 1978."

http://timesofindia.indiatimes.com/India/Father_can_exclude_son_from_will_SC/articleshow/2468705.cms

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Give Rs 50k to woman who put self on sale: HC to govt

18 Oct 2007 THE TIMES OF INDIA

CHANDIGARH: Following a Times of India story on Harsh Sharma, a woman who put herself on sale along with her five-year-old son because she could not pay for the medical expenses of her ailing husband, the Punjab and Haryana High Court in a landmark order on Wednesday directed the state government to immediately provide compensation of Rs 50,000 to the 34-year-old woman.

The money, the court said, is to be used for the treatment of Bhupinder Singh, the husband of Harsh, who is undergoing treatment at Ludhiana's Dayanand Medical College and Hospital. Help had poured in for Harsh from across the country and even abroad after TOI had detailed her desperation.

A PIL filed by advocate-activist Ranjan Lakhanpal in the HC had sought free medical care to patients suffering from serious ailments and unable to get their families' support for whatever reasons. In Harsh's case, her in-laws refused to help her as their son married her against their wishes, and her own parents are no more. It was after she sold off all her ornaments and belongings and still fell short of the required amount in medical fees that she took the extreme step of auctioning herself and her child.

In his petition, Lakhanpal said that free medical care should be given under Article 21 of the Constitution and that no person should be allowed to die for want of medical care.

Recognising the right to get free medical aid, the court, while giving interim relief to Bhupinder, adjourned the case to December 11 as the state had sought time to file its reply in the matter.

Bhupinder met with an accident on August 28 on his way home, along with his friend, in the city's Tharike Road. While his friend died on the spot, he received severe injuries and has been unconscious since then.

http://timesofindia.indiatimes.com/India/Give_Rs_50k_to_woman_who_put_self_on_sale_HC_to_govt/articleshow/2468742.cms

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