DON’T HOLD BACK :Now, pay fine for wrong info

It’s Mandatory For Citizens To Part With Accurate Data During Surveys

You may soon have to give authentic socioeconomic data sought by the government. And if you don’t, you may be fined.

The Rajya Sabha on Friday finally passed an important legislation making it mandatory for citizens and commercial establishments to part with accurate information during the annual survey.

Accordingly, every individual in the country and private establishment will have to share desired information with a designated statistical officer, else they will have to pay penalty which may, in certain cases, extend up to Rs 10,000.

The Collection of Statistics Bill — introduced in the Upper House in 2007 — also provides for empowering the Central government to make rules for avoiding duplication and for maintaining technical standard in data collection, which is currently lacking during the annual survey in the absence of any legal backing. The Bill is likely to be taken up by the Lok Sabha next week.

Before pressing the House to pass the Bill, Union minister for statistics and programme implementation G K Vasan said: “The new law will have elaborate provisions to ensure that the information collected will not be used for any purpose other than for statistical purpose. Identities of individuals or companies will not be revealed to anyone during use/transfer of such data within government agencies which may need it for policy making.”

As against the existing law which only facilitates collection of statistics of certain kinds relating to industries, trade and commerce, the new law will empower the government to collect data on economic, demographic, social, scientific and environmental aspects of individuals and households. Though the government has been collecting such data under the National Sample Survey, it is done voluntarily.

Stating the purpose of such a legislation, Vasan said: “It is felt that the provisions of the current law are not adequate to meet the new challenges arising out of liberalisation and globalisation regime manifested by the World Trade Organisation (WTO) agreement.”

The Bill also has provision of empowering panchayats and municipalities to collect statistics through due procedures. Once the new law comes into force, the government will appoint a number of statistical officers for each subject of data collection at the district and block levels.

The legislation has been brought on the recommendation of the National Statistical Commission which had pitched for a law which could help the government in collecting credible data on time.

Source:-The Times of India Delhi 20 December 2008 P. 11

For any query:- legalpoint@aol.in

Ladies Special - Signs of a Cheating Husband

One of the most common ways you can detect if your partner is cheating is by looking out for changes in his day to day routine and behaviour. If your partner is having an affair it is quite likely that he will start acting differently. This is because we all settle into certain routines when things are regular and normal so it is only natural that if something changes in our lives then things get thrown off course and we start doing things differently. These changes in your husband's routine can be giveaway clues that he's seeing someone else but can be so easily missed
Have you detected any of the following?

• Has he become short tempered with you or children?
• Does he want to be out more now whereas before he was happy to be at home with you?
• Does he stay awake later a night? This may be so that he can phone, SMS or email 'her' once you've gone to bed or simply in the hope that you'll be asleep before he gets into bed.
• Suspicious cell phone behaviour - Has he become possessive of his cell phone? Does he keep it close by whenever you're nearby? Men who cheat use their cell phone to communicate with the other women. Unless they are totally stupid and use their home phone number. Look for him erasing his call logs and messages constantly.
• Does he insist on answering the phone and talks in coded mode if you are around or feels uncomfortable by your presence?
• Has he become more possessive toward his wallet, pocket calendar or briefcase?
• Has he started avoiding you in the home? Doesn’t look into your eyes straight?
• Does he go out for longer and more frequent walks?
• No more arguing - Has he become docile when arguments arise? Men do not like confrontation when they are cheating, they will do whatever it takes to avoid any type of heated confrontation.
• Has he lost interest in things he used to be passionate about, say a particular sport or a particular hobby?
• All of a sudden has he starts talking about getting together with old friends he hasn't seen in years and about whom he has never spoken of to you?
• Have you noticed him suddenly being more knowledgeable about women's clothing, perfume or jewellery? If so he could be buying gifts for another woman.
• Has he started to take an interest in something that you know he was never previously bothered about?
• Has he stopped leaving his clothes lying around or started doing any of his own washing, maybe because there are revealing smells or marks on them?
• Has he started encouraging you to go alone to visit parents or friends now a days?
• Has he started attending extended seminars/official/business trips or going on tours he never used to attend and go before with that frequency?
• Did he remember things he had forgotten to do at the office and wants to leave immediately at odd hours?
• Does he forget to wear the wedding ring sometimes?
• Does he make a point of keeping the car/bike free of things belonging to you or the kids?
• Has he has started keeping an overnight bag in his car or office, apparently for a workout?

These signs of a cheating husband appearing now and then may not mean anything in isolation, but if you notice a number of them happening with a pattern, you should take them as a warning signs that there's probably something wrong going on. You must take corrective steps to save your marriage.

Source:-http://www.hyderabadpolice.gov.in/

For any query:- legalpoint@aol.in

RTI exposes gaffe in recruitments

Is it possible to select a candidate for any post without preparing a merit list of candidates?
The answer is “yes”, if one goes by the information supplied by the Himachal Pradesh High Court under the Right to Information Act regarding direct recruitment of additional district and sessions judges in 2007.
An application was filed in this regard by RTI activist Dev Ashish Battacharya in which he had sought details of the marks obtained by the selected candidates and also the names and marks obtained by the first five candidates in the merit list in the preliminary, main and viva voce examinations.
As per information provided by the state public information officer of the high court, only one candidate was finally selected to the cadre of the district and additional district judge. The candidate was from the general category.
However, regarding the names and marks obtained by the first five candidates, he states that the organisation and administration branch of the high court has reported that “no such detail of first five candidates has been prepared”.
The selected candidate had obtained 163 marks out of 300 marks in the preliminary examination and his score in the paper of criminal laws was only 21 out of 100 marks. The detail regarding marks obtained in viva voce reads: “average marks out of aggregate of 300 marks X 9 = 207.22 or 207 marks”.
The high court had advertised two vacancies, one for ST candidates and the other for general category candidates. In all, 171 candidates, including nine ST candidates, appeared in the preliminary examination.
The selected candidate was placed at the 47th place in the list of candidates declared successful in the preliminary examination. The rules lay down that a maximum of 35 candidates can be called for the main examination against a post. It is not clear what criterion was followed for calling candidates for the main examination and the interview.
A candidate, Pramod Goyal, who was not called for the interview, had moved the high court for the re-evaluation of his paper of constitutional law. The expert who re-evaluated the paper said in his report that the examiner had been stringent in marking his paper and that he had done as good as the candidates who had been selected for the interview. He should be awarded 100 marks instead of 94 like other selected candidates. While Goyal was called for the interview after re-evaluation, others whose papers were also subjected to such “stringent marking” got no such relief.
Bhattacharya points out that the case of Goyal makes it clear that the criteria for calling candidates for the main examination and for the interview were different. A candidate securing 21 marks out of 100 in a paper in the preliminary examination was called for the main examination (and he eventually got selected), but Goyal, who obtained 94 marks out of 200 in a paper in the main examination in the first evaluation, was not called for the interview.
The best course, Bhattacharya says, to avoid such controversies is that institutions like the high court and the Vidhan Sabha, which have to oversee the functioning of the entire administrative system, should not get involved in the business of recruitments and, like other departments, leave it to the state public service commission and the subordinate services board.
Source:- The Tribune 15 Dec. 08
http://www.tribuneindia.com/2008/20081215/main8.htm

Tis Hazari gets terror threat

Tis Hazari district court complex on Friday recieved a threat letter allegedly sent by banned outfit Jaish-e-Mohammed (JeM) claiming to blow up court complexes on Saturday. Soon after the threat, the police with dog squad checked the court premises and security was beefed up.

According to court officials, a letter was recieved by the office of district and sessions judge sent through post. The letter, carrying signature of an alleged JeM operative, threatened to blast court complexes in the Capital on Saturday without specifying any of the five district court complexes.

“I extend our challenge to your department, government, police and security agencies to stop us from achieving our goal scheduled for Saturday....We will rock all your court complexes on that day (December 13) either with the help of our fidayeens (suicide squad members) or some other manner,” the letter read. The threat letter also mentioned the fact that Lok adalats are going to be held on Saturday. Delhi Police said that they did not receive the letter themselves. ‘‘We already have maximum security at the court complexes. All the preventive measures are in place and back-up teams are ready,’’ said Sagarpreet Hooda, DCP (North).

Sources in the police said that though nothing was being taken for granted, there is no reason for citizens to panic. ‘‘The letter has numerous spelling errors and is far-removed from the nuanced text that these organizations send after each attack. Also, the letter is general in nature and looks like the drafting was done in a hurry. Since, Lok Adalats have been mentioned, we will keep the warning in mind,’’ said a senior police officer.

A similar warning was made on December four, stating that terrorists in guise of advocates would create mayhem at Tis Hazari courts complex, which was found to be a hoax by the police. However, three days later, a fresh threat was made that some bombs were planted at Patiala House courts complex, which too turned out to be fabricated.
Source:-The Times of India Delhi 13 December 2008 P. 7
For any query:- legalpoint@aol.in

Illegtimate Childern also have the right in ancestral property- HC अवैध बच्चे भी पैतृक संपत्ति के हकदार : हाई कोर्ट

एक ऐतिहासिक फैसले में केरल उच्च न्यायालय ने व्यवस्था दी है कि कानूनी विवाह से उत्पन्न हुए बच्चों के साथ ही अवैध बच्चे भी पैतृक संपत्ति के हकदार हैं। अदालत ने केन्द सरकार को यह भी सुझाव दिया कि वह धर्म का भेदभाव किए बिना सभी अवैध संतानों को पैतृक संपत्ति में हक दिलवाने के लिए कानून बनाए। यह कानून आपराधिक प्रक्रिया संहिता की धारा 125 (पत्नी और बच्चों के लिए गुजारा भत्ता) की तर्ज पर होना चाहिए। जस्टिस सी रामचन्दन नायर और जस्टिस एम.सी. हरिरानी की खंडपीठ ने यह आदेश मोटर दुर्घटना दावा न्यायाधिकरण के निर्णय के खिलाफ दायर की गई एक अपील पर सुनाया। न्यायाधिकरण ने सड़क हादसे में मारे गए 36 वर्षीय डॉक्टर की वैध और अवैध संतानों को मुआवजा देने का निर्देश दिया था। न्यायाधिकरण के आदेश को उचित ठहराते हुए खंडपीठ ने कहा कि सभी अवैध संतानें ऐसे पुरुष और स्त्री के बच्चे होते हैं जो कुछ समय साथ रहे और वास्तव में उन्हें हर मामले में पति पत्नी माना जा सकता है।
For any query:- legalpoint@aol.in

Free flow of money and muscle power not done, says bench SC wants ‘cleaner’ campus polls

The Supreme Court today said it would not allow a university campus to become a “political battlefield” with free flow of money and muscle power in student union elections.
“We will see that educational institutions should not become a political battlefield. Our aim is to see that there should not be free flow of money and muscle power," a bench comprising justices Arijit Pasayat and M.K. Sharma said.
The bench expressed its displeasure that elections in universities have become like parliamentary polls. “Things have changed over the years. See the amount of money going into these elections. Ten years ago, even in Parliamentary elections such money was not used,” it said.
The bench was hearing matters relating to the Jawaharlal Nehru University Students’ Union elections, which were stayed by it on October 24 after allegations that the varsity was not implementing the recommendations of Lyngdoh Committee.
It was also hearing the issue relating to vandalism in a college in Puri district of Orissa in the run-up to the students’ body polls. The bench took up the matter by expressing its disapproval at the students of JNU who filed an application under the nomenclature of ‘joint struggle committee’ for lifting the stay on the election.
The use of word “struggle” in naming the committee to fight the stay order of the apex court triggered the wrath of the bench.
"What is the nomenclature of the committee? This is certainly not the acceptable language. You cannot say struggle against the Supreme Court," the bench said.
Realising the mood of the bench, advocate Sanjay Parikh, appearing for JNU students, said, “I will ask students to change the nomenclature of the committee.” The bench gave some relief to the vice-chancellor and registrar of JNU by dispensing with their personal appearance before it on the contempt notices issued to them for allegedly not complying with the apex court directives on the students’ union election.
Turning to the incident of S Chandrasekhar College in Puri, the bench perused the report of Utkal University VC and expressed shock that 14 students ransacked the college premises.”Only 14 persons damaged the building of the institution. Can we allow this to happen?" the bench said and was surprised to know that only showcause notices have been issued to them, despite a report by the VC saying that “the building can't be brought to original shapThe SP should take all the accused into custody,he bench said, directing the SP to file a report about the steps taken by the police.
The bench said it will hear in the first week of April next year all matters relating to students’ union elections, including the application filed by 'Youth for Equality' seeking strict enforcement of Lyngdoh Committee recommendation in JNU elections. The recommendations have been opposed by all the other student outfits on the campus.
The students’ committee has contended that the Lyngdoh panel itself had applauded the JNU model of students’union election evolved in 35 years.
Further, the ills pointed out by the Lyngdoh panel did not exist in the JNU elections, the application by the committee claimed.
However, the application filed by ‘Youth for Equality’ through advocate M. L. Lahoty, contended that the Lyngdoh panel recommendations should be uniformly applicable to all universities. While deferring the hearing, the bench said suggestions on the issue could be made before additional solicitor general Gopal Subramanium, who is assisting the court as an amicus curiae in the matter.
Source:- The Tribune 9 December 2008
http://www.tribuneindia.com/2008/20081209/nation.htm#1

For any query:- legalpoint@aol.in

RNRL puts govt on mat in RIL case

Anil Ambani’s Reliance Natural Resources Ltd has added a twist to its contractual violation case against Mukesh Ambani’s Reliance Industries Ltd by questioning the very ground of the Centre’s plea to intervene in the litigation. RNRL has told the Bombay High Court that by government’s own admissions at various forums, the Centre does not have any say in a commerical dispute between two entities.

The Centre wants to become a party to the case with the ‘‘limited’’ objective of getting the court to lift its stay on sale of gas from RIL’s Andhra offshore field. The case concerns sale of gas to RNRL ‘‘committed’’ by RIL from the field. The government had filed papers outlining its role in pricing and marketing of gas to justify its reason for being heard in the case. The essence of RNRL’s reply is that its dispute with RIL does not come under the contract Mukesh Ambani’s firm signed with the government for getting the acreage. RNRL has pointed to views of the government’s advisory body for exploration that said, “The dispute between RIL and RNRL has arisen in the course of sale of RIL’s share of petroleum, which is outside the purview of PSC (production sharing contract.”

In support of its opposition to government being heard in the case, RNRL pointed out that gas committed to it as part of the Reliance empire’s demerger deal was from RIL’s share and not from the government’s share. It pointed to views from the government’s advisory body that said the government had a say over only its share of gas and cannot encroach on the freedom granted to contractor under the PSC with respect to the latter’s share.

Hinting at the government’s double-standards, RNRL said the government has refused to intervene in a separate case concerning gas sales that stateowned generation utility NTPC is fighting with RIL on the ground of it being a ‘‘commercial dispute’’. On March 4, the government had told Parliament, ‘‘...the court case filed by NTPC against RIL is a commercial dispute between the two companies regarding gas supply agreement and the government is not a party to this gas supply agreement’’.

RNRL said Centre had also told Parliament on August 21 that, ‘‘Government is not a party to the agreement, if any, signed between RIL and RNRL. In terms of PSCs signed by the government under NELP regime, the operators have freedom to market gas within India, including UP.’’

Source:-The Times of India Delhi 9 December 2008 P. 20
For any query:- legalpoint@aol.in

HC stays Maya order sacking 23,000 cops

State Govt To File Special Appeal Against Order

In a setback to Uttar Pradesh chief minister Mayawati, Allahabad high court on Monday admitted a bunch of writ petitions and quashed the state government’s order sacking 23,000 constables recruited by the previous Samajwadi Party government.

The court disagreed with the reason given by the Mayawati government for their dismissal that higher marks were awarded in interview to candidates who had secured less marks in physical test and vice-versa, suggesting it was a predetermined exercise.

The court also quashed the orders, passed by various recruitment boards, terminating the appointment of the constables.

The government’s chief standing counsel M C Chaturvedi said a special appeal would be filed against the single-judge order. ‘‘I am studying the judgment and will file the special appeal before a division bench of the Allahabad HC,’’ said Chaturvedi. Justice D P Singh said there was no need of testing the administrative or managerial skills of constables as the candidates were only required to clear ‘‘physical and fitness’’ tests.

Services of the constables were dismissed by three government orders on September 11, 18 and 30, 2007. The court observed: ‘‘The requirement of fairness demanded that the body, which has to inquire or decide on a issue which may affect individual rights, the character of such body should be above board.

Official bias is likely to arise when the person inquiring into a matter has a previous or personal knowledge of the material facts of the case before him by virtue of his dealing with those facts in some other capacity or context.

The possibility of predisposition or prior inclinations hovering over the mind of such a person into the matter, cannot always be ruled out.’’ In fact, the DGP at the time of constituting the Mishra committee appears to have been oblivious of the fact that Shailja Kant Mishra and Mohammad Javed Akhtar were part of the recruitment process.

This fact is apparent from the minutes of the meeting held under the chairmanship of the DGP on July 31, 2007, where it was provided that any officer who was part of the recruitment process in the last three years should not be allowed even to assist the Mishra committee in the inquiry, the judge added.

Thus, it can safely be deduced that the DGP without applying his mind constituted the four-member Mishra committee out of which at least two were part of the recruitment process and asking them to inquire into the process of which they had personal knowledge in their capacity as members of the recruitment process and therefore, it can be said that the composition of the Mishra committee itself was less than fair and vitiated, the judge maintained.
Source:-The Times of India Delhi 9 December 2008 P. 14
For any query:- legalpoint@aol.in

Hindu-Christian marriage invalid under Hindu Act: SC

6 Dec. 2008
Marriage between a Hindu and a Christian is invalid under the Hindu Marriage Act, as the Act provides for only Hindu couples to enter into a wedlock, the Supreme Court has ruled.
A Bench of Justices Altamas Kabir and Aftab Alam upheld the judgment of the Andhra Pradesh High Court which nullified a marriage, after the wife, Bandaru Pavani, a Hindu, claimed that her husband, Gullipilli Sowria Raj a Christian, had misled her by pretending to be a Hindu and married her at a temple.
The husband had misinformed about his social status, the wife had complained while seeking divorce.
According to the couple, Raj, a Roman Catholic Christian married Pavani on October 24, 1996, in a temple by way of exchanging of 'Thali' (sacred thread) in the absence of any representative from either side.
Subsequently, the marriage was registered on November 2, 1996 under Section 8 of the Hindu Marriage Act, 1955.
The matrimonial court rejected her plea for divorce saying the marriage was valid under the Hindu Marriage Act 1955, even if one of the parties belonged to any other faith.
However, the High Court upheld her plea and said the marriage was void as the Act postulated marriage only between Hindus, following which the husband filed the SLP in the apex court.
Dismissing the Christian husband's appeal, the apex court said Section 5 of the Act makes it clear that a marriage may be solemnised between any two Hindus if the conditions contained in the said Section were fulfilled.
Source:- The Times of India

http://timesofindia.indiatimes.com/articleshow/3802261.cms?TOI_mostemailed

Courts’ staff return to work after HC’s assurance

Work in the five district courts of the Capital started on Saturday after a section of court staff called off their strike. They had launched an agitation on Friday demanding action against a judicial officer whose remarks, they alleged, had forced a clerk posted with a judge in Karkardooma to attempt suicide.

‘‘The staff returned to work following an assurance from the Delhi HC,’’ District and Sessions Courts Employees Welfare Association president, Rakesh Yadav said. ‘‘We were called for a meeting with the Chief Justice of Delhi HC on Friday, where an assurance was given that action will be taken against the MM, following which the strike was called off,’’ Yadav said.

Source:-The Times of India Delhi 7 December 2008 P. 1
For any query:- legalpoint@aol.in

Please save me from my wife – A request to police पुलिस वालों, मुझे मेरी बीवी से बचाओ

गाजियाबाद : आधुनिक कहे जाने वाले इस समाज में ऐसी महिलाओं की कमी नहीं है
जो किसी न किसी कारण से अपने पति से परेशान है। मगर ऐसे लोगों की संख्या भी बढ़ती जा रही है, जो अपनी पत्नी से परेशान हैं। कई महिलाएं तो ऐसी है जो अपने पति को मारपीट कर घर से बेघर करने लगी है। ऐसा ही एक मामला साहिबाबाद इलाके में प्रकाश में आया।

एक व्यक्ति ने अपनी पत्नी पर आरोप लगाया कि पहले तो उसे मारपीट कर घर से निकाल दिया, अब वह शांति से अन्य मकान में रह रहा था तो वहां भी उसकी पत्नी आ धमकी। आरोप है कि उसकी पत्नी अन्य युवकों के साथ उसके मकान पर आई और वह घर में रखे हजारों रुपये और मोबाइल ले गई। यहीं नहीं उसने बेटी को भी नहीं बख्शा। उसके कानों के कुंडल भी वह छीनकर चली गई। इस प्रकरण में अभी तक रिपोर्ट दर्ज नहीं हुई है।

सीओ बॉर्डर एसपी सिंह को इस मामले में अमित पाल (बदला हुआ नाम) ने तहरीर दी है। इसमें उसने अपनी पत्नी शांतिदेवी (काल्पनिक नाम) और उसके साथ कई अन्य अज्ञात लोगों की शिकायत की है। उसने बताया कि वह पहले लोनी की गीतांजलि कॉलोनी में अपनी पत्नी के साथ रहता था। वहां किसी बात को लेकर पति पत्नी के संबंध बिगड़ गए। परिवार में एक लड़की है। विवाद के बढ़ने के बाद अमित पाल का आरोप है कि उसकी पत्नी ने मारपीट कर कई महीने पहले उसे घर से निकाल दिया और मकान पर खुद ही कब्जा जमा लिया।

पत्नी की पिटाई के बाद अमित पाल ने घर छोड़ दिया। फिलहाल वह साहिबाबाद इलाके की कॉलोनी गगन विहार में किराए के एक मकान में रहने लगा। वह अपनी बेटी को भी पत्नी के पास से अपने यहां ले आया। उसका आरोप है कि गुरुवार को उसकी पत्नी कई अन्य युवकों के साथ उसके मकान में आ घुसी। उस समय वह मकान से बाहर था। आरोप है कि उसकी पत्नी मकान में रखे सात हजार रुपये और अमित पाल का मोबाइल लेकर चली गई। यहीं नहीं उसने आरोप लगाया कि पत्नी के साथ आए युवकों ने अमित पाल की बेटी के कानों से कंुडल भी छीन लिए और उसके साथ बदसलूकी की। उसने पुलिस से खुद को और अपनी बेटी को बचाने की गुहार लगाई है।

Source:- Navbharat Times 6 December 2008http://navbharattimes.indiatimes.com/articleshow/3798253.cms

HC revokes Roche’s patent :FIRST OF ITS KIND JUDGEMENT

In a first-ever instance of a patent being revoked after being granted, the Madras High Court has set aside pharma major Roche's patent on key drug, valganciclovir on procedural grounds. A patent on valganciclovir was granted to the company in June 2007.

Valganciclovir is a treatment for cytomegalovirus (CMV), a virus that often attacks the retina of people with lower immune systems, such as AIDS patients. In addition, it is crucial for prevention of CMV infection in patients who have received organ transplant.

The court has cited the failure of the Indian patent office to comply with the patent law and remanded the matter back to the Patent Controller. The judgment was delivered on a petition filed by civil society groups — Indian Network for People Living with HIV/AIDS (INP+) and Tamil Nadu Networking People with HIV/AIDS (TNNP+), who had challenged the Indian Patent Offices decision to grant a patent without hearing the pregrant opposition filed by them.

In July 2006, INP+ and TNNP+ had filed a pre-grant opposition before the Chennai Patent Office objecting to the grant of patent to Roche and requested for a hearing. Under the Indian law, if an opponent requests a hearing, the patent office is required to provide the opponent an opportunity to be heard. However, this was not done.

At Roche's maximum retail price of over Rs 1000 per tablet, a patient who has to take a treatment course of approximately four months for CMV retinitis in India would have to pay over Rs 2.5 lakh. This puts the treatment unafforable for those who need them.

The grant of patent to Roche allowed it to continue charging exorbitant prices and also prevented the entry of generic versions of valganciclovir. Hwoever, in May this year, Cipla launched the generic valganciclovir in the domestic market at a price of Rs 245 for a tablet. Under law, a generic producer can challenge the patent by taking the risk of launching a generic version after obtaining marketing approval.

In response, Roche filed an infringement suit against Cipla in the Bombay High Court in September seeking an injunction, which is till pending. The dispute between the companies hinges on ‘‘patentability'' of the drug. The validity of the patent is in question under the country's patent laws that do not allow patents on new forms of old drugs, also known as Section 3(d). Experts pointed out that valganciclovir is a hydrochloride salt of an old drug ‘ganciclovir' and hence not patentable.

The generic producers of the drug, Matrix, Ranbaxy and Cipla have also filed post grant oppositions. While the opportunity to oppose the application is only granted to the patient groups, it is likely that Roche's injunction proceedings against Cipla for launching the generic version will no longer have a legal basis as the patent is now revoked. Whether the Mumbai court will keep the infringement proceedings pending remains to be seen, legal experts say.
Source:-The Times of India Delhi 6 December 2008 P.21
For any query:- legalpoint@aol.in

SC green light to Games Village

The shadow cast on the 2010 Commonwealth Games has moved away. The Supreme Court on Friday, stayed an order of the Delhi High Court, which had virtually stalled construction of the Games Village near the Yamuna river.

In addition to this relief, a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam also stayed further hearing before the HC on a PIL which had challenged the Commonwealth Games Village project on env i ro n m e n t a l grounds.

The Centre had made the Delhi Development Authority (DDA) rush to the SC challenging the HC order as it was seriously concerned about the fate of its sovereign guarantee for holding the 2010 Commonwealth Games in Delhi.

Solicitor general Goolam E Vahanvati launched a scathing attack on the HC judgment right at the beginning of the hearing. He said the judges on the division Bench held diametrically opposite views on the PIL but, as a postscript, agreed to make the village constructions subject to the outcome of the PIL.

He said the site was selected by the NDA government in 2003 adjacent to the Akshardham temple, a Rs 500-crore project which was also challenged in the Supreme Court on identical grounds. SC had dismissed the petitions against the temple project.

He said while the temple was 1.7km away from the river bed, the Games Village was 1.2km away and that the project, being constructed under public-private participation, had all environmental clearances, including that from NEERI. If the HC kept the project subject to the outcome of the PIL, then nobody would come forward to buy the flats in the Games Village making the private partner quit the project, Vahanvati said.

Appearing for the private construction company in charge of the Games Village, senior advocate Arun Jaitley said it had invested Rs 2,000 crore and would be seriously handicapped if the High Court order was not stayed.

Vahanvati said, ‘‘By delivering a judgment after almost eight months of conclusion of the hearing, the judges of the division Bench of the Delhi High Court have in effect created uncertainty and cast a shadow over the forthcoming Commonwealth Games.’’
Source:-The Times of India Delhi 6 December 2008 P.6
For any query:- legalpoint@aol.in

HC refuses to issue order on PIL against VIP security

Even as politicians come under criticism for diverting security personnel for their own protection, Delhi High Court on Wednesday refused to be drawn into the controversy, saying it wasn’t an issue on which courts should issue any directions.

HC was hearing a PIL assailing the tendency of politicians to surround themselves with impenetrable security cover which robs the common man of his right to be protected, as was evident in the Mumbai terror attack last week.

The PIL, which was filed a few years ago, points out that a large number of Delhi police personnel are deputed for security of VIPs and VVIPs, which leaves very few policemen available for policing the capital. However, a division Bench of chief justice AP Shah and justice S Muralidhar said it was not an issue for courts to issue any direction or take a decision.

HC noted that the recent attacks have made internal security a very sensitive issue for the center and state governments and the very concept of the word security had changed, hinting it wouldn’t wish to intervene.

During the hearing, petitioner and lawyer Rajeev Awasthi argued that the latest attack had again highlighted the issue raised in the PIL and sought strict division in the police force for law and order duties and investigation. Awasthi recalled how after every terror strike ministers appear on news channels and call for the need to revamp general security. Though nothing actually translates on the ground.

But this didn’t impress the bench which asked him to stick to prayers made in his petition. HC also asked Awasthi to complile a list of previous orders passed on his PIL by different HC benches and place it before it on the next date of hearing.

In his arguments the lawyer maintained that even though the Ministry had last year drawn up recommendations to make it tougher for one to get VIP security which were yet to be finalized. On its part the central government assured the bench that these recommendations were being given final touches and the home ministry was already revamping the capital’s security.
Source:-The Times of India Delhi 4 December 2008 P.6
For any query:- legalpoint@aol.in

HC sends notices to defaulting politicos

Taking a serious view of the failure of former MPs to pay their telephone and electricity bills, the Delhi High Court on Wednesday issued show-cause notices to the respective political parties. The court also issued notice to the Election Commission seeking its suggestion on means to collect the arrears from the defaulting politicians.

Issuing notices to the Congress, BJP and host of other parties, a division bench of Chief Justice A P Shah and Justice S Muralidhar sought the response by January 14. The court was hearing a PIL alleging that some former MPs vacated their official residences when their tenures got over without paying the electricity, water and telephone dues. The petitioner also alleged that some of them had availed services in ITDC hotels and failed to clear the bills. Earlier, the HC had sought to know from ITDC, NDMC and MTNL how it plans to recover the money from the political parties after the defaulting MPs did not respond to the notices issued by the public bodies for payment of pending dues.

Appearing for the public bodies, a counsel submitted the agencies will have no difficulty in recovering money from sitting MPs but it is a problem in case of those who are no longer in the Parliament and have dues running into lakhs of rupees each.

Arguing on behalf of ITDC, counsel H S Phoolka said that dues of over Rs 8 lakh were pending against 244 former MPs. He said ITDC has initiated execution proceedings against 37 of them.

NDMC’s lawyer informed the court that unpaid bills of MPs added up to Rs five crore while MTNL recounted a figure of Rs six crore. The PIL was filed by NGO Krishak Bharat in 1998.
Source:-The Times of India Delhi 4 December 2008 P.2
For any query:- legalpoint@aol.in

Is terror listed in your cover? :SEEKING PERSONAL SAFETY

Personal Accident, Life Insurance Include Terrorism, Say Agents

Hello, does my personal accident policy cover injuries sustained in terrorist attacks? This was one question from clients that kept financial advisors busy all through Monday, the first time Mumbai got back to business as usual after last week's carnage.

‘‘Everyone wants to know whether their personal accident cover also includes terror strikes,'' says Mukesh Dedhia, director, Ghalla & Bhansali Securities. ‘‘Also, many were inquiring about getting a personal accident cover.'' Clearly, Mumbaikars are increasingly concerned about their personal safety, following the massacre that left hundreds dead and many more injured.

However, advisors found it difficult to answer the simple question. ‘‘There is a bit of confusion. Different company officials are providing different answers,'' says another financial advisor, who didn't want to be quoted. The confusion was apparent when a senior official at New India Assurance said personal accident covers terrorism and it applies across the industry, while a development officer with the same company denied it.

‘‘Public sector companies cover it, but private sector firms don't,'' he said.

‘‘Personal accident and life covers include terrorism. Companies can't deny claims,'' said Rakesh Jain, an insurance agent. ‘‘But if you are taking shopkeepers' insurance or fire insurance, you have to pay an additional premium to obtain the cover,'' he adds.

However, financial advisors are not taking any chances. ‘‘Don't assume that your cover also includes terrorism. Get a clarification from the company,'' says Dedhia. He also adds quickly that policyholder's shouldn't go by what's promised by the insurance sales person. ‘‘Try to get a clarification from a senior official from the insurance company.'' As for those enquiring about personal accident cover, financial advisors say people should definitely have a personal accident policy. ‘‘A life insurance cover, health insurance cover and a personal accident cover are must for every family person,'' says a financial advisor.

‘‘Personal accident cover will assure that you get compensation (5-125% of the total cover, depending on the extent of handicap) if you meet with an accident. You also get death benefit,'' he adds.

Financial advisors also had a suggestion for their clients: Don't be stingy about the quantum of cover. Get a cover at least 3-4 times your income. This is because most handicap benefits are a percentage of your total cover.
Source:-The Times of India Delhi 2st December 2008 P.15
For any query:- legalpoint@aol.in

Can govt guarantee us our right to life?

He grew up watching the terror inflicted dance of death around the world, in India and around him. As a seven year old, he did not understand the gravity of terrorism in the horrifying live pictures of the burning ‘twin towers’ crashing down and claiming thousands. He had seen tearyeyed citizens silently light candles at ground zero.

In 2006, he was aghast watching suburban trains ripped by bomb blasts in Mumbai. Overcome by emotion, he and his friends expressed solidarity with Mumbaikars by lighting candles in Delhi.

Now a teenager, he saw terror merchants snuffing out lives on the streets, inrailway stations and playing their macabre game for three days holed up in prominent hotels of Mumbai. He heard the bursts of AK-47s. He saw a beaming NSG commando walking out of the hotel — unusually poised yet highfiving mates who played with their lives to silence the death merchants.

A TV correspondent asked this commando — “How difficult was the operation”. We all knew how difficult the operation was and were about to ridicule the reporter for the stupid question, when the key figure answered, “Hamare liye kuch mushkil nahin hai (nothing is difficult for us).”

The boy was stunned by this immensely positive answer. It probably erased all negative feelings generated by the continuous beaming of gory pictures 24x7 on TV. He possibly saw in the commando a protector of life, who can guarantee right to life — the most important among our fundamental rights.

He took a decision — he will not light a candle this time for those who were killed by terrorists in Mumbai, instead he will study hard to join the Army and try for an assignment in NSG.

He may mirror the thinking of many among us, for our politicians show a complete lack of seriousness and professionalism when it comes to citizens’ right to life guaranteed under Article 19 of the Constitution, which also assures a right to live in a secure atmosphere.

The Batla House encounter, five days after Delhi serial blasts, is a grim reminder. On September 19, Delhi Police personnel went there on a mission to pre-empt a situation, who might have turned into something similar to what happened in Mumbai.

Leaving his ailing son in hospital, Inspector Mohan Chand Sharma went to take part in the mission. He was felled by the bullets of the desperadoes. The politicians, who are lavishing praise on the richly deserving bravehearts of the NSG, Army and Mumbai Police commandos today, were then among those doubting the encounter.

Cops like Sharma have been dying since 1993, when Mumbai was first targeted on a massive scale — 13 blasts and scattered firing from AK-47s by terrorists resulting in the death of 250 people. Intensity, frequency and spread of the terror attacks have increased since then. Instead of uniting the political class for a joint strategy against terrorism, disgustingly, it has led to diverse views, basically on religious lines.

The supremacy of people is understood by politicians only for a few days during election time. They would do well to read this judgment in the D K Basu vs State of West Bengal case [1997 (1) SCC 416].

The Supreme Court, in this judgment, had said, “The Latin maxims — salus populi suprema lex (the safety of the people is the supreme law) and salus republicae suprema lex (safety of the nation is the supreme law) — coexist and are not only important and relevant but lie at the heart of the doctrine that welfare of an individual must yield to that of the community.”

The teenager had not read this judgment, but understood the vital importance of right to life and safety of people. The politicians, at least those who are at the helm of affairs, must have read this. Then why the dithering for a joint fight against terrorism, notwithstanding the ceremonial all-party meetings in the aftermath of a massive tragedy?
Source:-The Times of India Delhi 1st December 2008 P.13
For any query:- legalpoint@aol.in

Public exam marks must be revealed: High Court

The Delhi High Court has said that marks obtained by successful candidates in examinations conducted by a government body is a public document and should be revealed under RTI Act.

‘‘Once candidates are declared successful after examination, it becomes a public document which can be revealed under Right to Information Act,’’ Justice G S Sistani said.

The court’s observation came while hearing a petition filed by Union Public Service Commission (UPSC) challenging a CIC order which had directed the Commission to reveal the marks obtained by successful candidates in civil service examinations to a third party.

The court asked the counsel appearing for UPSC to take instruction from the Commission and adjourned the matter.

The CIC in its order, in September, had directed the Commission to disclose the marks of successful candidates to an RTI applicant who could not qualify the entrance examination of civil services and wanted to know the marks obtained by those who qualified the exam.

The Commission had refused to disclose the marks saying it could not be revealed to a third party.

Source:-The Times of India Delhi 1st December 2008 P.5
For any query:- legalpoint@aol.in

IGF calls for cyber crime free Internet

Voicing concern over the growing cyber crimes and misuse of the Internet by terrorists, IGF also calls for enhancing mapping exercises of cyber security

Hyderabad: The Internet Governance Forum (IGF) on Thursday called for collaboration and cooperation among countries to make Internet free from cyber crime.

Voicing concern over the growing cyber crimes and misuse of the Internet by terrorists, the world's largest Internet congregation formed by the Union Nations Secretary General said that mapping exercises of cyber security and trust between the countries will be uplifted.

The four-day meet, which began on Wednesday, is being attended by 1,500 delegates from 100 countries, reports IANS.

"There is a need to exchange information without any hindrances among the nations and among the organisations to track down criminals. Global alliances and exchange of information have to be established for attaining safety, security and stability of the Internet," said Gulshan Rai, director-general of the Indian Computer Emergency Response Team (CERT-In), a nodal agency for the security and protection of the critical infrastructure in the nation.

He said the legal framework of the Information Technology Act 2006 would be amended to address issues posed by new technologies and new crimes being observed in the cyberspace.

"The proposed amendments deal with data security and data privacy, identity theft, cyber terrorism, child pornography, spam, phishing and online frauds," he said.

The parliament standing committee, which scrutinised IT (Amendment) bill, 2006, has made a number of suggestions.

The proposed amendments in the legal framework would be in line with the European Cyber Convention and will address emerging issues in the cyberspace.

The draft IT (Amendment) bill has been sent to the cabinet for consideration and the bill will be tabled in the next session of parliament, he said.

"Once the amendments are made, corporate bodies will have to implement best security practices to secure data collected by them while providing services. Any leakage of the data of their account will result in payment of compensation to the victim," he said.

The number of attacks, including viruses and worms, cyber frauds in organisations, are rising by over 15 per cent annually with many types of attacks doubling in number.

"Technology-oriented indicators clearly reflect that a monthly percentage of personal computers infected by a virus in the country has grown from about one per cent in 2001 to about 17 per cent in 2007. About 350 systems in a day get compromised," he said.

Rai said that the number of phishing cases, too, are on the rise among the Indian banks. About seven to eight cases of phishing are being reported on an average every day.

"We are training our people both within the country as well as seeking cooperation from countries like the US to train our manpower in implementing security in IT infrastructure," he said.
Source:-http://www.igovernment.in/site/IGF-calls-for-cyber-crime-free-Internet/

For any query:- legalpoint@aol.in

Keeping govt house after transfer, retirement is non-bailable now

Overstaying in a government house now can land a government official in jail! Punjab has made it a non-bailable offence for government officers in the state to retain their official houses after their transfer or retirement.
Amending the Indian Penal Code (IPC) for Punjab, the government has declared unauthorised occupation of government premises will be treated “criminal trespass” and included in Section 441, IPC.
Amending the Criminal Procedure Code (CrPC), the government has further made this trespass a non-bailable offence. The offence remains bailable except for government servants who continue to occupy government houses. Such officers might have to spend time in jail for the offence.
The Punjab Vidhan Sabha had cleared a Bill to this affect in its last session and the government now notified both these amendments.
Probably the first person to benefit from the amendments will be Director-General of Police N.P.S. Aulakh who is awaiting possession of the official residence earmarked for him in Sector 5 here.
Sources said an IAS officer of Haryana who retired last year is still occupying the house which was to be given to the Punjab DGP.
These amendments to the IPC and CrPC are a result of directions issued by the Supreme Court which had directed all state governments “to consider the desirability of taking steps to amend Section 441, IPC, to include the unauthorised occupation of a government house by a government servant.”
The apex court had pointed out that Uttar Pradesh and Orissa had already amended the IPC to this effect. The Supreme Court further stated that the states should consider amending the first schedule of the CrPC to make criminal trespass non-bailable in so far as it relates to the continuance of government servants in government premises.
The court had also asked the various states to send a status report on the extent of such “unauthorised occupancy” and how many officers had been penalised in this regard. Following these directions, the Chandigarh Administration gathered lakhs from Punjab and Haryana officers who were illegally occupying the houses provided by the UT to Punjab and Haryana pool.
Sources in Haryana said a similar amendment had not been made in the state.
The Punjab government allows a government servant to hold on to his official residence for two months after he has been shifted out. The officer continues to pay the same rent. However, the officer can continue to stay on payment of double the rent for another four months after which he has to vacate house.
However, many officials continue to occupy the house during which they are charged market rent for the house as penalty. A former deputy commissioner of SAS Nagar had not vacated the house even after having been transferred more than six months ago. A case of penalising the officer and asking him to vacate the house has been sent to Punjab chief secretary Ramesh Inder Singh.
Source:- The Tribune 30 November 2008
http://www.tribuneindia.com/2008/20081130/nation.htm#11