28 August, 2010

How ex-CJI’s sons got prime plot they had never bid for

The two sons of former chief justice of India Y K Sabharwal, who are being probed for their previous business deals, suddenly came to buy a Rs 122 crore property in Lutyens’ Delhi four months ago, thanks to a series of controversial orders passed by the Delhi high court.
Chetan and Nitin Sabharwal, together with their partner Kabul Chawla, chief of real estate company BPTP, turned out to be the ultimate beneficiaries of high court orders passed since 2006 in connection with the auction of the 2.70-acre property at 7 Sikandra Road.
An appeal challenging the April 2010 sale deed revealed that the three partners had not participated in an auction in September 2006 on which a two-judge bench declared Triveni Infrastructure the highest bidder.
Appeal stirs up hornet’s nest
Second Highest Bidder For Sikandra Road House Demands Fresh Auction
An appeal challenging the April 2010 sale deed revealed that the three partners — Chetan and Nitin Sabharwal, together with their partner Kabul Chawla, chief of real estate company BPTP — had not participated in an auction in September 2006 on which a two-judge bench declared Triveni Infrastructure the highest bidder.
Triveni was required to pay 25% of its bid amount, Rs 117 crore, within a week and the balance within three weeks thereafter, subject to the condition of the property being converted from leasehold to freehold.
But Triveni became liable to pay the 75% component only in February 2009 as it had taken so long for the property to be converted to freehold. It was then that a succession of single-judge orders, in breach of the schedule laid down by the larger bench, resulted in the payment being finally made, with a Rs 5 crore penalty, in April 2010, that too by the two Sabharwals and Chawla although they had no formal stake in Triveni.
The appeal being heard by a special bench headed by Justice A K Sikri shed light on the various ways in which the 2006 order had been bypassed, particularly by Justice Manmohan Singh, leading to a windfall for the Sabharwal brothers and Chawla:
When the owners of the property filed a contempt application against Triveni for its failure to pay the balance in February 2009, Justice Manmohan Singh gave more time to the defaulter directing that it would have to pay Rs 3 crore by July-end and Rs 85 crore by October-end. Later, he extended the time further to December-end with a penalty of Rs 5 crore.
The repeated extension of the deadline by Justice Manmohan Singh was contrary to the division bench’s direction that if the highest bidder failed to make the payments on time, the property would have to be sold to the next highest bidder, Prime Commercial.
In June 2009, Justice Manmohan Singh allowed a fourday old company, Angle Infrastructure, to come in place of Triveni for paying the balance and to take over the property. The owners of the property appealed against this order as it had been passed without any notice to them.
A week before the expiry of the December 2009 deadline, Justice Manmohan Singh gave a fresh extension to Angle, this time by five months. He also granted Angle’s request to introduce the condition that it would be required to pay the balance only when the owners were in a position to deliver immediate possession of the property. Most of the owners challenged this order, again because it had been passed without any notice to them.
A month before the expiry of the May 2010 deadline, Triveni and Angle filed a joint application requesting that the balance be allowed to be paid by the Sabharwals and Chawla and that the property be registered in their names. Since the Sabharwal brothers and Chawla appeared in the court with demand drafts of the balance amount, Justice Rajiv Shakdher directed the owners on April 20 to execute the sale deed within two days.
That is how the Sabharwal brothers and Chawla acquired the property from an auction in which they had not participated at all.
The appeal filed subsequently by the second highest bidder, Prime, challenged the manner in which the court had granted undue concessions to Triveni and deprived it (Prime) of its entitlement under the auction terms to buy out the property. Seeking a fresh auction of the Sikandra Road property, Prime offered to pay Rs 150 crore in keeping with the appreciation of the property value in these four years.
The real estate business partnership between the Sabharwal brothers and Chawla has been the subject of income tax probe following allegations that they had unduly benefited from the 2006 sealing drive against commercial properties in residential areas of Delhi launched by the then CJI, Justice Y K Sabharwal.
Source:- The Times of India,25 August 2010 Delhi Page No 1

HC: No sympathy for tenants who regularly default on rent payment

No sympathy should be shown to a tenant who is a habitual defaulter in paying rent, the Delhi high court said recently, while asking a businessman to vacate the premises belonging to NDMC. ‘‘Every licencee or allottee and even an unauthorised occupant is obliged to pay the monthly licence fee so long he is using the premises. No undue sympathy can be shown to those who wilfully and contemptuously commit persistent defaults in paying periodical rents,’’ Justice Kailash Gambhir noted in a recent judgment. HC dismissed a petition filed by one Vijay Kumar who challenged the NDMC’s decision of rejecting his application for regularisation of shop allotment under its 1997 policy. Kumar also challenged the eviction order passed by the estate officer against him.
HC, in its verdict, gave 15 days’ time to Kumar to vacate the premises, UG-40 Palika Place, R K Ashram Marg. It asked the civic agency not to take coercive action against him till then.
HC upheld NDMC’s decision refusing to regularise Kumar’s shop. It rejected his argument that the civic agency adopted a pickand-chose policy while regularising allotment of shops. According to NDMC, Kumar was allotted the shop in 1992 for five years. His application for renewal of his shop’s licence was rejected in 1998 due to non-payment of rents.
The petitioner was in arrears for licence fee/rent to the tune of Rs 1,32,431 as on November 15, 2007, the date on which the estate officer had ordered for eviction of the shop, as per NDMC. Kumar had filed a case before the district judge who dismissed his petition in July 2009 and upheld the estate officer’s decision for eviction.
Source:- The Times of India,24 August 2010 Delhi Page No 5

Judge dismissed for paying 65 less towards taxi fare

22 Yrs On, He Moves SC Fighting For Adequate Pension
The judiciary’s efforts to clamp down on corruption may seem to have slackened with those who allegedly siphoned off crores of rupees from the PF accounts in Ghaziabad district court continuing to enjoy office but in 1988, a Gujarat chief judicial magistrate was dismissed from service for paying Rs 65 less towards taxi fare while on a private visit with family.
The judge, P N Bavishi, has now approached the Supreme Court. A bench comprising Justices J M Panchal and C K Prasad admitted his petition after hearing his counsel Haresh Raichura narrate a nearly two-decade fight by the judicial officer for proper pension, which he claimed the state government had refused to give.
Bavishi, who joined judicial service in 1963, was working as CJM Junagadh in 1981 when he took his family on a private trip to various places and the taxi bill came to Rs 120. But he allegedly paid Rs 55 to the taxi operator, who then complained to the HC.
The HC termed this a grave misconduct on the part of a judicial officer as he allegedly misused his official position to pay less to the taxi operator and ordered Bavishi’s dismissal. He challenged this administrative order on the judicial side.
During the hearing in SC, the government counsel said the HC, on the administrative side, agreed to permit the petitioner to retire voluntarily from service from the date of his removal if he made an application to this effect. Bavishi withdrew the petition and made an application for voluntary retirement as was suggested.
The HC recommended his case. The government accepted the same and cancelled its earlier notification dismissing Bavishi from service. However, it refused Bavishi the benefit of weightage of additional service as was granted to others according to government rules.
Since his voluntary retirement in 1992, Bavishi has been fighting for consideration of weightage of his service while fixing pension. The HC rejected his plea but the SC has now agreed to hear his case.
Bavishi’s main plea was that once the HC accepted his request and recommended his case for voluntary retirement, the state government could not overreach this order.
Source:- The Times of India,25 August 2010 Delhi Page No 19

FIRs against minister for anti-dalit remarks

Kendrapara: Agriculture minister Damodar Rout will be interrogated for the antidalit remarks he allegedly made last week.
‘‘We will soon interrogate the minister after two dalit leaders filed FIRs against him with Kujang (Jagatsinghpur) police. After examining the contents of the FIRs, police filed case against the minister on Monday under Section-3 of SC and ST (Atrocity Prevention) Act, 1989. Police are also examining the videotape of the statement made by the minister at a public meeting,’’ sub-divisional police officer (SDPO) of Paradip Santun Das said.
Last Wednesday, Rout had allegedly levelled Jagatsinghpur MP and CPI leader Bibhu Prasad Tarei, Jagatsinghpur MLA and former minister Bishnu Das and additional district magistrate Upendra Mallick as ‘‘Harijans’’, who hatched a conspiracy against him.
Source:- The Times of India,25 August 2010 Delhi Page No 13

Actor Asha Parekh booked for forgery in labour dispute case

Police have booked former Bollywood actor Asha Parekh and film producer Sunil Shanbag under on charges of forgery and criminal breach of trust. Tardeo police registered an FIR following a private complaint by art director Krishna S Singh before the metropolitan magistrate. ‘‘We will file a report before the magistrate,’’ said police.
Parekh said she was not aware of the details of the complaint. The case is related to a labour dispute between Singh and her former employer, A Pattanaik, who runs a firm, Designworks, over her claim for Rs 2.05 lakh as dues. According to the complaint, salary certificates paid to Krishna by Parekh’s company Aakruti Productions and Shanbagh’s Chrysalis Films were produced before the assistant labour commissioner by Pattanaik.
Krishna alleged that this was done to negate her claims. Krishna lodged a private complaint under Section 156 (3) of the Criminal Procedure Code with the Girgaon magistrate’s court. ‘‘Taking into consideration the serious allegations against the accused, it needs a detailed investigation,’’ said additional chief metropolitan magistrate Shaida Razvi. The matter is scheduled to come up before the magistrate on August 26.
Source:- The Times of India,25 August 2010 Delhi Page No 8

Gzb court sentences two to 5-yr RI for cruelty to animals

In a rare order, a Ghaziabad court on Monday sentenced two persons to 5 years of rigorous imprisonment for violation of the Prevention of Cruelty to Animals Act and some sections of the Indian Penal Code.
The two convicts had been accused of setting on fire a cattle shed in Modinagar. This resulted in the deaths of a cow and a buffalo belonging to one Om Pal of Jagatpuri in the subdivision of Ghaziabad district.
According to the state counsel for the prosecution, Pramod Kumar Tanwar, Om Pal of Jagatpuri had filed a report at the Modinagar police station on July 17, 2007. The report said Jagatpuri residents, Shiv Ram and Lokesh, set his cattle shed on fire while he and his family were asleep at night. The fire spread and engulfed the whole cattleshed, and left Om Pal’s cow and buffalo dead. A case was then registered under Section 11 of the Prevention of Cruelty to Animals Act, and Sections, 428, 429 and 436 of the Indian Penal Code, the last three dealing with mischief resulting in damage to or death of animals.
After a trial, additional district judge R N Singh of fast track court number 7 sentenced the two accused.
Source:- The Times of India,25 August 2010 Delhi Page No 6

Relief for students of Satyawati BEd course

Students pursuing BEd course in Satyawati College, Delhi University, can rest at ease as the Delhi high court has refused to allow derecognition of the course by the National Council For Teacher Education (NCTE). Justice Rajiv Sahai Endlaw set aside the NCTE’s decision and noted that it ‘‘can’t play with institutions and trivialize the sanctity of the elaborate procedure laid down for grant of recognition.’’
The HC reminded the council that ‘‘considerable effort and expense is entailed in setting up an institution and all of which gets wasted if recognition is refused or withdrawn in such frivolous manner. An institution like wine, matures with years, and if derecognized frequently would never mature.’’
Satyawati College had informed HC that its de-recognition came after DU had listed it as one of the few colleges where BEd courses are available. NCTE had moved to withdraw recognition on the basis of a complaint it received from a lecturer of the college’s history department who claimed that the institution had no infrastructure. TNN
Source:- The Times of India,25 August 2010 Delhi Page No 5

SC okays HI’s women’s hockey team for WC

The Supreme Court will not allow squabbling over managing affairs of hockey to cost Indian women’s team the opportunity to participate in the World Cup in Argentina beginning on August 26. On Tuesday, the M S Gill-headed sports ministry suffered a setback as despite its decision to disqualify Hockey India (HI), the apex court permitted the team selected by HI and Indian Olympic Association to take part in the World Cup.
The interim order came from a Bench comprising Justices R V Raveendran and H L Gokhale after HI scored a vital point over sports ministry by producing a letter from the International Hockey Federation (FIH) stating that the latter recognised HI as the sole affiliate. The task of the Bench became easier when it learnt that players selected for the World Cup by HI and IOA were the same as identified and selected by Sports Authority of India (SAI).
The urgency shown by the SC in facilitating sending of the team to Argentina was spurred by the fact that after a gap of eight years, the women’s team had made it to the top 12 and earned the right to participate in the World Cup. HI sprung a surprise on the sports ministry in the court by producing a communication from FIH’s acting director general Webb Roger stating that HI alone could send a team for the World Cup as FIH recognised HI to select Indian team for international events.
The apex court’s interim order came on a petition filed by HI challenging the Centre’s decision to derecognise it for allegedly flouting guidelines relating to age and tenure of officials at the helm of affairs. The ministry had contended that since HI was a ‘private body’, it could not be authorised to select the team to represent India in the World Cup.
HI argued that it would be a national shame if the women’s team was not sent to the international event just because of politics in the sporting arena leading to the Centre disqualifying it. IOA supported HI and informed the SC that it could consider authorising HI to send the team for the World Cup. In its petition, HI has also sought revocation of a letter written by government to FIH about its decision derecognising HI.
Source:- The Times of India, 18th August Page 28 Delhi

Barclays to pay $298m for violating trade law

Barclays has agreed to pay $298 million to settle accusations that the bank facilitated illegal transfers of dollars for countries that were sanctioned by the US, including Iran, Cuba, Libya, Sudan and Myanmar, according to documents filed in federal district court in Washington.
For more than a decade, Barclays would strip information from wire transfers funnelled through US that identified the money as coming from sanctioned countries and entities, according to the court complaint.
Barclays, according to the complaint, would follow instructions from banks in the sanctioned countries not to use the banks names in messages that travelled through US. It also routed the payments to conceal the connection to sanctioned countries, amended messages to remove information that identified sanctioned entities, and used a less transparent method of payment messages.
Barclays funnelled about $500 million in illegal payments from 1995 through 2006, federal and New York State prosecutors said. The bank's actions violated, among other things, the federal Trading With the Enemy Act and New York State laws against falsifying business records. NYT NEWS SERVICE
Source:- The Times of India, 18th August Page 24 Delhi

RNRL-RPower merger: HC notice to Sebi, cos

The Madras High Court has asked market regulator Sebi, RNRL and Reliance Power to reply to allegations that the merger between the two Anil Ambani group firms caused investors a loss of over Rs 800 crore. Issuing notices to the Centre, Sebi, RNRL and Reliance Power, the Madurai bench of the high court asked them to submit their replies to a petition that alleged the loss was caused by an "arbitrarily" fixed share swap ratio for the merger of the two companies.
The Anil Ambani Group on July 4 had announced the merger between RNRL and another group firm, Reliance Power, in an all-stock deal. The arrangement was that Reliance Power would give one of its shares for every four held in RNRL. This share swap ratio of 4:1 led to a loss of Rs 813.77 crore for about 25.05 lakh investors, the petition alleged.
Praying for an investigation by a competent authority into the merger and proposed share swap ratio, an investor, A Kesavan, also an advocate, in his petition sought a court direction to the companies to not pursue the merger between them pending disposal of the writ.
The petitioner submitted that on June 25 this year, RIL chairman Mukesh Ambani and his brother Anil Ambani, the Chairman of RNRL, signed a new Gas Supply Master Agreement, following which RNRL's share price increased by 5% and touched Rs 68.65 per share on BSE.
On expectations that the price would touch Rs 90 per share, on July 2, the petitioner bought 1,000 shares at price of Rs 62.63 a share. RNRL share closed at Rs 63.95, while the closing price of Reliance Power on the same day was Rs 175.30. The petitioner said the ratio of value of the shares of RNRL and Reliance Power at the time of closing on July 2 was 2.7:1.
RNRL had a higher number of shareholders and it was more liquid than Reliance Power, he added. He said RNRL shareholders were disappointed when the merger was announced in the swap ratio of 4:1. He alleged that it was evident that the chairman and board members of Reliance Power and RNRL had "purposefully acted in a manner to manipulate the share price of RNRL to his expected price and swap ratio of 4:1.PTI
Source:- The Times of India, 18th August Page 23 Delhi

SC: Criminal justice system is crumbling

A startling revelation that hundreds of criminal trials in murder, rape, dacoity and kidnapping cases were pending for more than 20 years made the Supreme Court on Tuesday say in exasperation — “the criminal justice system is either crumbling or has crumbled”.
What added to the anguish of a Bench comprising Justices G S Singhvi and A K Ganguly was the fact that High Courts had stayed trials and, later, forgot all about the cases.
Taking Uttar Pradesh as a test case, solicitor general Gopal Subramaniam reeled out rather sad statistics reflecting poorly on the Allahabad High Court, which is administratively in charge of the subordinate judiciary.
Subramaniam said 10,541 criminal trials were stayed by Allahabad HC. Of these, 9% were pending for more than 20 years and 21% for over a decade. This means, stay of trial in 30% of heinous offences continued for more than 10 years.
The apex court has repeatedly ruled about the fundamental right of an accused to speedy trial and balanced it with judgments which coaxed trial courts to hear the loud cry of society to bring offenders to book. In this backdrop, the Bench observed, “It’s sad that administration of justice has come to such a pass. The HCs stay the trial and forget all about it. This means, we are choking the administration of justice. No one should be denied a fair and speedy trial. But what about the victims? What about society which feels that a wrongdoer should be punished at the earliest. Through these stays, that is being denied.”
When the SG said that chief justices of HCs should play an active role in clearing the mess arising out decade-old stay orders on criminal trials, the Bench said, “The CJs are helpless. They have a tenure ranging from one year to even two months. What can a CJ do in such a brief tenure? They cannot deal with this problem as their brief tenures do not allow them to even understand the dynamics of a particular HC.”
Source:- The Times of India, 18th August Page 11 Delhi

The Supreme Court on Monday directed the Haryana government not to declare the results of over 15,000 posts for government school teachers

RAP FOR HARYANA The Supreme Court on Monday directed the Haryana government not to declare the results of over 15,000 posts for government school teachers till it decides on an appeal filed by 11,000 temporary teachers against a Punjab and Haryana High Court verdict. The bench took a dig at the government for appointing “guest lecturers“ and letting them continue for years before making permanent recruitments. “How can the education system function with temporary teachers? One government officer appoints temporary teachers to save money and when his seat is taken over by another, the new one decides to hire permanent teachers. The system cannot function this way,“ the court said.
Source:- Source:- Hindustan Times 17 th August Page No. 9 Delhi

SC SNUBS HC, SAYS LIVING IN AKIN TO MARRIAGE

The Supreme d on Monday Court ruled on Monday that a live-in-relationship, if continued for a long time, cannot be termed as `walk in and walk out' relationship and there is a prebetween the partners.: Days after the Delhi High Court held that a partner could “walk in and walk out“ of a live-in relationship, the Supreme Court has ruled to the contrary.
The bench held: “The live-inrelationship if continued for such a long time, cannot be termed in as “walk in and walk out“relationship and there is a presumption of marriage between them which the appellants failed to rebut.“
The bench dismissed an appeal filed by one Madan Mohan Singh from UP who had sought to reverse the Allahabad High Court judgment permitting the authorities to include the names of four children, born out of the live-in relationship, as legal heirs to the legacy of the petitioners' father.
After perusing the records and concurrent findings by the district authorities, the bench held the petitioners' father, Chandra Deo Singh, lived with his live-in partner, Shakuntala till his death on December 12, 1979. Their relationship, as husband and wife, had been accepted not only by the society but also by the family members.
Singh's children born out of the live-in relationship moved the authorities to include their names as legal heirs. The petitioner claimed there was nothing on record to show that Singh got married with Shakuntala in accordance with law. “At the most she could be Singh's concubine and, therefore, the respondents have no right to inherit any share in the land,“ the petitioner claimed.
Source:- Bhadra Sinha Hindustan Times 17 th August Page No. 9 Delhi

Video-record statements of accused, orders court

SAFE BET Missive after accused threatened witnesses in court

Keeping in view the ...behaviour of the accused, it is important that he's not allowed to be in proximity of the witnesses.
KAMINI LAU Additional Sessions Judge


A city court has ordered recording of evidence of an accused through video conferencing from the Tihar Jail premises, after he threatened two witnesses in the courtroom, in a robbery case, and in the presence of policemen.
In an open court hearing, Additional Sessions Judge Kamini Lau said that in order to protect witnesses in criminal cases, accused should not be brought to the court.
Video conferencing is the safest mode to record statements without any act of violence. According to the prosecution ,Sonu, Mohammed Israj, Sachin and Bijender robbed Rs 2 lakh from Veer Bahadur and Sandeep at the Lawrence Road flyover in March 2006.
Veer Bahadur told the court when he was moving out of the court after his deposition, the accused Sonu sarcastically remarked at him, “ Dedi Gawahi“ (Have you recorded your statement?)
The court noted that both Bahadur and Sandeep are already under security cover, as Sonu had earlier threatened them inside the courtroom.
The judge said, “Keeping in view the repeated recalcitrant behaviour of the accused, it is important that he is not allowed to be in the proximity of the witnesses“.
The court has ordered the rest of the trial to be held via video conferencing.
Legal experts say that despite first-hand availability of video conferencing in all the district courts, funds are wasted in carting violent accused under heavy security cover to the courtroom.
“Video conferencing should become a regular practice in courts, as many acts of violence, including murders, have been committed inside the court complex,“ said K.T.S. Tulsi, senior advocate.
Recently, key accused Ravi Kapoor, named in the Soumya Vishwanathan and Jigisha Ghosh murder case, had attacked the fellow accused with blades inside the courtroom.
Former Delhi High court Judge R.S. Sodhi said, “Courts should make video-conferencing a regular practice during the course of trial.Accused who intimidate witnesses should be avoided inside the courtroom."
Source:- Hindustan Times 17 th August Page No. 6 Delhi

Did you know that people suffering from contagious diseases are not allowed to travel by the Metro?

As per the Delhi Metro Railway Rules, 2002: “No person suffering from any infectious or contagious diseases shall travel by the Metro railway.“ But in reality, the Metro is yet to follow the practice.
DMRC officials admitted it failed to abide by the rule. “We do not have any mechanism in place to check this. We could not detect even a single passenger suffering from any contagious disease,“ said Anuj Dayal, spokesperson, DMRC. Ankit Gupta, a member of the Metro Citizen's Forum -a team of 400 volunteers -said: “This is DMRC's moral responsibility to ensure that no person with infectious disease travel by the Metro. If we are given training and are asked to check and restrict the infected people, we will be willing to do this.“
Source:- Subhendu Ray Hindustan Times 17 th August Page No. 5 Delhi

15 August, 2010

तिरंगा फहराने के कायदे-कानून

बिलासपुर हाई कोर्ट ने पिछले दिनों एक मामले की सुनवाई के दौरान कहा कि रात को तिरंगा नहीं उतारे जाने को प्रिवेंशन ऑफ इन्सल्ट टु नैशनल ऑनर ऐक्ट-1971 का उल्लंघन नहीं माना जा सकता यानी अगर कोई रात को तिरंगा उतारकर नहीं रखता है तो वह कोई नियम नहीं तोड़ रहा है। तिरंगा फहराने को लेकर और भी कई नियम-कायदे हैं। पूरी जानकारी दे रहे हैं राजेश चौधरी :
रखरखाव के नियम
- आजादी से ठीक पहले 22 जुलाई, 1947 को तिरंगे को राष्ट्रीय ध्वज के रूप में स्वीकार किया गया। तिरंगे के निर्माण, उसके साइज और रंग आदि तय हैं।
- फ्लैग कोड ऑफ इंडिया के तहत झंडे को कभी भी जमीन पर नहीं रखा जाएगा।
- उसे कभी पानी में नहीं डुबोया जाएगा और किसी भी तरह नुकसान नहीं पहुंचाया जाएगा। यह नियम भारतीय संविधान के लिए भी लागू होता है।
- कानूनी जानकार डी. बी. गोस्वामी ने बताया कि प्रिवेंशन ऑफ इन्सल्ट टु नैशनल ऑनर ऐक्ट-1971 की धारा-2 के मुताबिक, फ्लैग और संविधान की इन्सल्ट करनेवालों के खिलाफ सख्त कानून हैं।
- अगर कोई शख्स झंडे को किसी के आगे झुका देता हो, उसे कपड़ा बना देता हो, मूर्ति में लपेट देता हो या फिर किसी मृत व्यक्ति (शहीद हुए आर्म्ड फोर्सेज के जवानों के अलावा) के शव पर डालता हो, तो इसे तिरंगे की इन्सल्ट माना जाएगा।
- तिरंगे की यूनिफॉर्म बनाकर पहन लेना भी गलत है।
- अगर कोई शख्स कमर के नीचे तिरंगा बनाकर कोई कपड़ा पहनता हो तो यह भी तिरंगे का अपमान है।
- तिरंगे को अंडरगार्मेंट्स, रुमाल या कुशन आदि बनाकर भी इस्तेमाल नहीं किया जा सकता।
फहराने के नियम
- सूर्योदय से सूर्यास्त के बीच ही तिरंगा फहराया जा सकता है।
- फ्लैग कोड में आम नागरिकों को सिर्फ स्वतंत्रता दिवस और गणतंत्र दिवस पर तिरंगा फहराने की छूट थी लेकिन 26 जनवरी 2002 को सरकार ने इंडियन फ्लैग कोड में संशोधन किया और कहा कि कोई भी नागरिक किसी भी दिन झंडा फहरा सकता है, लेकिन वह फ्लैग कोड का पालन करेगा।
- 2001 में इंडस्ट्रियलिस्ट नवीन जिंदल ने कोर्ट में जनहित याचिका दायर कर कहा था कि नागरिकों को आम दिनों में भी झंडा फहराने का अधिकार मिलना चाहिए। कोर्ट ने नवीन के पक्ष में ऑर्डर दिया और सरकार से कहा कि वह इस मामले को देखे। केंद्र सरकार ने 26 जनवरी 2002 को झंडा फहराने के नियमों में बदलाव किया और इस तरह हर नागरिक को किसी भी दिन झंडा फहराने की इजाजत मिल गई।
राष्ट्रगान के भी हैं नियम
- राष्ट्रगान को तोड़-मरोड़कर नहीं गाया जा सकता।
- अगर कोई शख्स राष्ट्रगान गाने से रोके या किसी ग्रुप को राष्ट्रगान गाने के दौरान डिस्टर्ब करे तो उसके खिलाफ प्रिवेंशन ऑफ इन्सल्ट टु नैशनल ऑनर ऐक्ट-1971 की धारा-3 के तहत कार्रवाई की जा सकती है।
- ऐसे मामलों में दोषी पाए जाने पर अधिकतम तीन साल की कैद का प्रावधान है।
- प्रिवेंशन ऑफ इन्सल्ट टु नैशनल ऑनर ऐक्ट-1971 का दोबारा उल्लंघन करने का अगर कोई दोषी पाया जाए तो उसे कम-से-कम एक साल कैद की सजा का प्रावधान है।
Source:- http://navbharattimes.indiatimes.com/articleshow/6311419.cms 14 Aug 2010, 1747 hrs IST,नवभारत टाइम्स

13 August, 2010

A partner in a live-in relationship can walk out of it without any legal consequence and people cannot complain of infidelity if one of them ditches

A partner in a live-in relationship can walk out of it without any legal consequence and people cannot complain of infidelity if one of them ditches, since both are adults, the Delhi high court observed on Monday.
‘‘Live-in relationship is a walk-in and walk-out relationship. There are no strings attached to this relationship nor does this relationship create any legal bond between the partners,’’ justice S N Dhingra pointed out while quoting the law while quashing criminal proceedings initiated by a woman against her live-in partner after he refused to marry her.
‘‘People who choose to have live-in relationship cannot complain of infidelity or immorality as live-in relationships are also known to have been between a married man and unmarried woman or vice versa,’’ the court added. The court passed the order on a petition filed by a London based lawyer — against whom a criminal complaint was filed by a lady with whom he had live-in relationship — seeking to quash proceeding against him.
The petitioner had submitted that he refused to marry the woman as his parents were against the relationship. Granting relief to Kumar, the court said the FIR should be quashed to prevent misuse of criminal justice system for personal vengeance. ‘‘It is a contract of living together which is renewed everyday by the parties and can be terminated by either of the parties without consent of the other party and one party can walk out at will at any time,’’ the court noted.
Source:- The Times of India,10 August 2010, Delhi Page No. 6
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12 August, 2010

"कानून की राह रोशन करेगी ऑनलाइन मशाल"::"Online Torch will enlighten the legal path"

धर्मेद्र यादव

दिनेश मिगलानी मास्टर इन लॉ (एलएलएम) हैं और उसके छोटे भाई दीपक पेशे से वकील हैं और तीस हजारी कोर्ट (दिल्ली) में प्रेक्टिस करते हैं। पर, इनमें खास यह है कि दोनों सोशल नेटवर्किग के जरिये आनलाइन जागरूकता की मशाल से कानूनी अज्ञानता मिटाने की पहल में जुटे हुए हैं। करीब-करीब हर रोज 50 हजार लोगों के पास ई-मेल व फेसबुक से लीगल टिप्स भेजते हैं। दोनों भाइयों की राय है कि हमारे देश में कानून व वकील तो बनाए जाते हैं, लेकिन लोगों को कानूनी तौर पर जागरूक बनाने की दिशा में कायदे से पहल तक नहीं हुई है। ऐसे लोगों की संख्या अंगुलियों पर गिनने लायक है, जिन्हें अपने कानूनी अधिकारों के बारे में जानकारी है। या इसे यूं भी कहा जा सकता है कि करोड़ों लोगों को कानूनी ज्ञान की एबीसीडी भी नहीं पता। उन्हें यह तक पता नहीं होता कि उनके हक क्या हैं। कानून की भाषा भी इतनी जटिल है कि वकीलों को ही मुश्किल आती है। उनका ध्यान इसी खाली स्थान पर गया और इस काम करने की योजना बनी। यह योजना तीन साल पहले लीगल प्वाइंट फाउंडेशन बनी और इस पर काम शुरू हुआ। शुरूआत एसएमएस व ई-मेल से हुई। थोड़ी सुस्ती के बाद लोग धड़ाधड़ जुड़ते चले गए। अब ई-मेल के जरिये लीगल टिप्स पाने वालों की तादाद 50 हजार हो गई है। साढे़ 16 सौ लोग उनकी फेस-बुक से जुड़े हैं। महीने भर पहले ट्विटर पर भी शुरूआत की गई है। अब तक पांच-छह लोग ही जुड़ पाए हैं। मिगलानी बंधु बताते हैं कि उनकी आनलाइन सोशल नेटवर्किग से देश के जाने-माने प्रोफेसर, पुलिस अधिकारी, कंपनियों के प्रबंधक, छात्र जुडे़ हैं। ब्राजील की डाक्टर मेरी मूलर से बराबर मेल का आदान-प्रदान होता है। इंडियन इंस्टीटयूट आफ ट्रेड से जुड़े प्रोफेसर जस्टिन पाल, कर्नल निर्भय कुमार, यूरोपियन कमीशन से जुड़ीं शरत, ऐसे कई नाम हैं, जिनसे कानून से जुड़ी जानकारियों का आदान-प्रदान होता है। फाउंडेशन के सचिव दिनेश का कहना है कि इस साल तक एक लाख लोगों तक नियमित लीगल टिप्स भिजवाने का लक्ष्य रखा है। हाईकोर्टो व सुप्रीम कोर्ट के विशेष फैसले भी वे आनलाइन पूरे देश में विस्तारित किया जाता है। क्या होता है लीगल टिप्स में लीगल टिप्स के माध्यम से नए बने कानून, कोर्ट के फैसलों के अलावा पुराने कानून की आसान भाषा में व्याख्या भेजी जाती हैं। फाउंडेशन के अध्यक्ष दीपक मिगलानी ने बताया कि महिला प्रताड़ना और कंपनी से जुड़े नियम-कानून के अलावा एफआईआर, गिरफ्तारी आदि के बारे में छोटी-बड़ी कानूनी जानकारी नियमित तौर पर आनलाइन भेजी जाती है। मकसद यही है कि ज्यादा से ज्यादा लोग कानूनी तौर पर साक्षर बनें और जब वे जानकार होंगे तो उन्हें कोई बरगला भी नहीं सकेगा।
Source:-http://in.jagran.yahoo.com/epaper/index.php?location=8&edition=2010-08-04&pageno=6



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Legal Provisions on Eve-Teasing

Contributed by Deepak Miglani Advocate
Delhi High Court
One such manifestation of a form of violence against women is the crime of eve-teasing, which is usually treated as low priority crime though it is a very serious issue causing immense mental torture and humiliation to women and girls when they are insulted and sexually harassed especially on roads and public transport. Most of these cases go unreported due to various reasons. It violates a women’s basic right to live with dignity. It is a form of sexual aggression that ranges in severity from sexually suggestive remarks to inadvertent brushing in public places. Women are subjected to this social evil irrespective of their caste, race or creed their dressing, age, looks, education, professional and marital status, though they are ironically criticized for inviting molesters by the way they dress.
“Eve-teasing” is an attitude, a mindset , a set of behavior that is construed as an insult and an act of humiliation of the female sex. Though the Indian Penal Code does not define the word eve-teasing, there are three sections which deal with crime of eve-teasing. These are Sections 509, 294 and 354.
Section 509- Word, gesture or act intended to insult the modesty of a woman- whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
Section 294- Obscene acts and songs Whoever , to the annoyance of others-
a) Does any obsecene act in any public place, or
b) Sings, recites or utters any obscenes song, balled or words, in or near any public place,
shall be punished with imprisionment of either description for a term which may extend to three months, with fine , or with both.
Section 354- Assault or criminal force to woman with intent to outrage her modesty-
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.
These sections make gestures or acts intended to insult the modesty of a woman or acts intrude upon her privacy a, crime, but it is very difficult to exploit these provisions to deal with various expressions of sexual harassment. The provisions under these sections and the procedural laws are complex and the type of proof that is required make it very difficult to get the culprit punished.

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