19 June, 2013

Legal News:::SC agrees to hear PIL on US surveillance of internet data from India

The Supreme Court on Wednesday agreed to give an urgent hearing to a PIL on the issue of US National Security Agencysnooping on internet data from India and seeking to initiate action against internet companies for allowing the agency to access the information. 
Agreeing to hear the PIL filed by a former dean of law faculty of Delhi University Professor SN Singh, a bench of justices AK Patnaik and Ranjan Gogoi posted the case for hearing next week. 
In his plea, Singh has alleged that such largescale spying by the US authorities is detrimental to national security and urged the apex court to intervene in the matter. 
He has claimed that the internet companies are sharing information with the foreign authority in "breach" of contract and violation of right to privacy. 

"As per reports, nine US-based internet companies, operating in India through agreements signed with Indian users, shared 6.3 billion information/data with National Security Agency of US without express consent of Indian users. Such largescale spying by the USA authorities besides being against the privacy norms is also detrimental to national security," the petition, filed through advocate Virag Gupta, has said. 
Singh has submitted that it is a breach of national security as government's official communications have come under US surveillance as services of private internet firms are being used by them. 
He has sought directions to the Centre to "take urgent steps to safeguard the government's sensitive internet communications" which are being kept outside India in US servers and are "unlawfully intruded upon by US Intelligence Agencies through US-based Internet companies under secret surveillance program called PRISM". 

In his petition, Singh has also sought directions restraining the government and its officials from using US-based internet companies for official communication and that all such companies, which are doing business in India, must establish their servers here so that they can be regulated as per Indian laws. 

"Sovereignty of nation is at stake because no penal action is being taken by the respondent (Centre) against the culprit internet companies," he has said in his petition. 

He has also referred to a report by James R Clapper, director of National Intelligence of USA, who had confirmed surveillance and acquisition of intelligence information of non-US citizens located outside the US as per the provisions of section 702 of Foreign Intelligence Surveillance Act(FISA). 

The Centre had earlier on June 11 expressed surprise and concern over the snooping and said it will seek information and details from the US over reports that India was the fifth most tracked country by the American intelligence which used a secret data-mining programme to monitor worldwide internet data.
Source:- The Times of India, Jun 19, 2013
Regards

Team Legal Point Foundation

14 June, 2013

Legal Alert:::Rates of interest on advances and loans to Government employees for construction/purchase of houses/flats

The undersigned is directed to enclose herewith a copy of Ministry of Finance, Department of Expenditure’s O.M. No.5 (3)-B(PD)/2012, dated the 3rd January 2013, intimating the rates of interest on advances and loans given to Government employees for construction/purchase of houses/flats during 2012-13, i.e. 1st April, 2012 to 31st March, 2013 and until further orders, for information and compliance.
Copy of G.I., M.U.D., O.M. No.5 (3)-B(PD)/2012, dated the 3rd January 2013
The undersigned is directed to state that the rates of interest on advances and loans given to Government employees for construction/purchase of houses/flats during 2012-13, i.e. 1st April, 2012 to 31st March, 2013 and until further orders will be as under:-
Slab
Interest Rate per cent per annum
Advance up to Rs. 50,000/-
6.00
Advance up to Rs. 1,50,000/-
7.50
Advance up to Rs.5,00,000/-
9.00
Advance up to Rs.7,50,000/-
9.50
Ministry of Urban Development is requested to issue separate O.M. at their level on the above issue.
This issue with approval of Hon’ble Finance Minister.
Source:- G.I. M.U.D. , O.M. No. I-17011/2 (6)/2013-H. III,dated 17-1-2013
Regards
Dr. Deepak Miglani
President Legal Point Foundation

Legal India

Our main aim is to remove legal ignorance from our country because legal ignorance is one of the main hurdle in the path of our development. The Legal Tip/Legal News/Legal Alert are tools to spread legal awareness among literates. Approximately 5,00,000 peoples are receiving this message. Please forward this message to your friends as a contribution to this holy cause.

Legal Alert::::Central Vigilance Commission’s Jurisdiction over employees of Multi-State Co-operative Societies like NAFED, KRIBHCO, etc.

  1. The undersigned is directed to say that a question has been recently raised as to whether Central Vigilance Commission functioning under the Central Vigilance Commission Act, 2003 has jurisdiction/superintendence over the Multi-State Co-operative Societies like NAFED, KRIBHCO, etc.
  2. A legal opinion of Learned Attorney General was obtained which has been accepted by the Ministry of Law & Justice. The Learned Attorney General has opined that the Members, office bearers and employees of the Multi-State Co-operative Societies would fall within the purview of Section 2 (c) of the Prevention of Corruption Act and that the Central Vigilance Commission is duly empowered to exercise jurisdiction over NAFED and KRIBHCO and similar societies  under Section 8 (1) of the CVC, Act, 2003.
  3. All Ministries/Departments are requested to take note of the legal position state above in so far as the societies with which they are administratively concerned for taking appropriate action.
G.I., Dept. of Per. & Trg., O.M. No. 399/9/2010-AVD-III, dated 1-2-2013
Regards
Dr. Deepak Miglani
President Legal Point Foundation

Legal India
Our main aim is to remove legal ignorance from our country because legal ignorance is one of the main hurdle in the path of our development. The Legal Tip/Legal News/Legal Alert are tools to spread legal awareness among literates. Approximately 5,00,000 peoples are receiving this message. Please forward this message to your friends as a contribution to this holy cause.

22 March, 2013

Muta Marriage-An Introduction


*Dr. Deepak Miglani
The Shia Law recognizes  two kinds of marriage, namely (1) permanent, and (2) muta (literally means enjoyment or use) or temporary. The fundamental difference between the two is that in former the term is not specified while in the later it is. Sunnis do not recognizes such marriage. ‘Muta Marriage is an ancient Arabian custom.
A shia male may contract a muta marriage with kitabia woman(professing Muslim, Christian or Jewish religion) or even with  a woman who is fire-worshipper but not with a woman following any other religion. But a shia woman may not contract a muta marriage with a non-Muslim.
A Shia male can contract any number of muta marriages. All the requisite formalities of marriage, such as of offer and acceptance, have to be observed in the muta marriage. It is essential to the validity of muta marriage that (1) the period of cohabitation should be fixed ( a day, a month, year , years) and that (2) some dower should be specified otherwise marriage will be  void. If the period is not specified , though dower is specified, it should be considered as a permanent union,  even if the parties call it a muta.
That main incidents of muta marriage are:
  1. No mutual rights of inheritance created between the spouses, but children considered legitimate and capable of inheriting from both parents. Thus, a muta marriage is different from prostitution and it is not a marriage for pleasure or a marriage of convenience.
  2. Wife is not entitled to maintenance ( unless specified). However , she is entitled to maintenance as a wife under the Cr. P.C.
  3. If marriage is not consummated, the wife is entitled to only half of the dower. If consummated, then full dower.
  4. On the expiry of the term of marriage, if the marriage has been consummated, the wife is required to undergo iddat to three courses.
  5. Husband has the right to refuse procreation i.e. izl.
  6. Marriage come to end ipso facto on the expiry the term, unless extended. Husband and wife do not have a right of divorce, but he can terminate the union earlier by making a “gift of the term”(hiba-i-muddat). In that case, the wife is entitled to full dower. The wife has a right to leave the husband before the expiry of the term of the muta marriage; if she does so, the husband has a right to deduct the proportionate part of the dower for the unexpired period.
  7. If there is evidence of the term for which the muta marriage was fixed and cohabitation continues after that term, muta marriage stands extended for the whole period of cohabitation. And, the children conceived during the extended period shall be legitimate.