Fashionistas move HC over FDCI director’s deals

New Delhi: A fashion runway looks glamorous and dazzling, but behind the scenes all is not well.
A few members of the Fashion Design Council of India, led by designer Anju Modi have moved the Delhi High Court against alleged ill-treatment by the top brass.
Modi accused the FDCI’s Executive Director. Sumeet Nair, of favouring some designers and blocking the transparent functioning of the body.
“He is misleading the designers and innocent people in some areas, where he is taking advantage of them,” Modi alleged.
Modi also challenged the proposed move by the Council to drop non-performing members from the Board.
Iram Mirza / CNN-IBN
Published on Mon, May 26, 2008 at 04:22, Updated at Mon, May 26, 2008 in Lifestyle section


Conciliation and MediationConsent of warring parties not essential: HCSaurabh MalikTribune News Service

Now, sitting face to face with your adversaries for resolving family disputes is not a matter of choice. In a significant ruling, the Punjab and Haryana High Court has held that the consent of warring parties is not essential for referring a dispute for conciliation and mediation.
The High Court believes it will not only bring one closer to resolution of a dispute, but will also help the courts part ways with the problem of pendency of cases.
The ruling, by Justice Ranjit Singh of the High Court, is the first of its kind ever since conciliation and mediation was given statutory recognition by introduction of certain provisions in the Code of Civil Procedure.
Drawing a clear distinction between arbitration, judicial settlement and conciliation, Justice Ranjit Singh has held the consent of all parties to litigation is a pre-requisite for referring a matter for settlement through arbitration and judicial settlement.
“Though conciliation and mediation are also generally on the basis of consent, still the court would have an option to choose this alternative mode of settlement of disputes even if one or some of the parties to the dispute do not give their consent.”
Elaborating, Justice Ranjit Singh added that the consent of a party or all the parties to litigation would not be essential for the court to exercise its power, or perform its duty, to refer a case for conciliation or mediation.
The Judge further added that it was an alternative form of dispute settlement and required to be encouraged for lessening the burden on courts, “apart from achieving the objective of good and healthy relationship between the parties; and to end the bitter fight that generally ensues when the parties are litigating.”
In his detailed 19-page ruling on civil revision number 4350 of 2007, the Judge has also stressed upon the need for going in for such methods. “The litigant must realise the court process is time- consuming, costly, cumbersome; and it is advantageous to opt for this alternative mode now statutorily made available.
“It may relieve the tremendous burden on courts. It needs to be realised that conciliation and mediation or such like methods of resolving the disputes, especially in the family or localities or society, are well recognised in our country and the option of going to the court has always led to bitterness between the parties that are litigating.
“When the family can sit together and resolve their differences/disputes, it would certainly remove this bitterness, if any, in the relationship; and rather the relationship may be preserved for times to come. The court, as such, would wish that the mode is given a try and see if the bitter fight that is on in the family sees a turn around and may lead to healthy relations. The bitterness may to an extent lessen, if the family is able to sit together and talk to each other in the presence of a neutral conciliator or mediator,” the Judge has asserted.
Before parting with the judgement, Justice Ranjit Singh has held: “The factual information received by the conciliator is not to be disclosed to the other party. Conciliator shall keep confidential all matters relating to conciliation proceedings. It is also to be noted that conciliator is not to act as an arbitrator.”
Chandigarh, May 25

CJI call to tackle new age crime

New Delhi, May 17: Chief Justice of India K.G. Balakrishnan today said the criminal justice system needs to be revamped to implement internal laws on crimes like terrorism, money-laundering and arms and drug smuggling as well as to address human rights violations.
“It is imperative that the criminal justice system be revamped to address these concerns,” Balakrishnan said at a seminar here.
Balakrishnan said “arbitrary high-handedness and human rights violations” by security agencies “alienate” the people, who fall prey to those working against national interests.
“For this, an appropriate legal framework, particularly in criminal justice, would go a long way in supporting law enforcement agencies and making them legitimate in the eyes of the citizens.”
He cited the example of anti-terror laws Tada and Pota — one was allowed to lapse and the other was repealed on grounds of misuse — to make the case for an effective criminal justice system.
“The proponents of terror, armed with modern technology and assisted by a multitude of sleeper cells, have spread their influence even to areas hitherto inaccessible,” the Chief Justice said and added that any counter-terrorism method should also secure the support of local people.
Sunday , May 18 , 2008

HC notice to JNU, Vice Chancellor on student’s plea

New Delhi (PTI): The Delhi High Court has issued a notice to Jawaharlal Nehru University (JNU) and its vice-chancellor on a petition filed by a student alleging that he was denied admission to an M Phil course but some other ineligible candidates were taken in.
A Division Bench of Chief Justice A P Shah and Justice S Muralidhar directed the varsity and its VC to reply by July 10 on a petition filed by Laxman Singh, an aspirant for M Phil course in Arts and Aesthetics.
He alleged that the JNU had given admission to six others who did not even possess the minimum qualification as per the prospectus and some of them did not even appear for the entrance examination.
Challenging a single judge’s order dismissing Singh’s petition, his counsel Atulesh Kumar contended before the court that the decision taken by the university was “arbitrary and biased” as other students were related to the faculty members and scored more marks in viva test.
Kumar submitted that his client was a meritorious students and he was the only candidate from the school of Arts and Aesthetics who cleared UGC/NET examination for lectureship in 2006 and sought the cancellation of admission given to other six students.
“The faculty members who conducted viva were totally biased and against Singh because he belongs to the SC category and they never liked him,” the counsel argued.
Sunday, May 25, 2008

SC gives relief to Mysore Kirloskar

In a relief to Mysore Kirloskar, the Supreme Court has ruled that the manufacturing company is not liable to pay excise duty on a consideration received from ITC to supply engineering machines with definite specifications.

Mysore Kirloskar had entered into an agreement with ITC in May 1991 for manufacture of certain engineering machines and had received an advance of Rs 43 lakh towards drawings, patterns, jigs, fixtures and tools etc developed by it.
The Commissioner of Central Excise had demanded a duty of Rs 7.41 lakh from the company besides imposing penalty of Rs 75,000 on the advance paid by ITC.
While confirming the Customs Excise and Gold (Control) Appellate Tribunal, Bangalore, judgement that set aside the penalty, a bench of Justices Ashok Bhan and J M Panchal said that the agreement was not merely for the preparation of design and drawings, but a total contract for design, drawing, manufacture of prototype, supply of the machines and payment of excise duty, etc.
“The contract could not have been read in isolation in parts, that is to say that the respondent (Kirloskar) had separately agreed to supply designs, drawings etc and also separately agreed to supply machinery,” it added.
“Before adding the value of the drawing etc., it has to be established that the consideration had a nexus with the negotiated price of the assessable goods under clearance, i.e. machines in the instant case,” the bench said.
Without establishing any such nexus, the Commissioner of Central Excise could not have demanded the duty on the additional amount of Rs 43 lakh, according to the court.
New Delhi, PTI :

If rules permit, cop on probation can be sacked: SC

New Delhi, May 25: A policeman can be summarily dismissed from service for misconduct during the probation period if there is a provision for it in the recruitment rules, the Supreme Court has said.
A Bench of Justices Tarun Chatterjee and Dalveer Bhandari said the requirement of conducting a departmental inquiry to probe the misconduct need not be fulfilled in such cases.
The Bench passed the judgment while quashing a Punjab & Haryana High Court order which upheld a civil court’s ruling that the dismissal was illegal, since the principles of natural justice in the form of a departmental inquiry were overlooked while removing constable Avtar Singh.
Invoking Rule 12.21 of the Punjab Police Rules, 1934 the Government ‘discharged’ (dismissed) Avtar Singh from service as he unauthorisedly abstained from duties for more than a month during his probation period.
According to the rule, “A constable who is found unlikely to prove an efficient police officer may be discharged by the Superintendent at any time within three years of enrolment. There shall be no appeal against an order of discharged under this rule.”
A civil court quashed the dismissal and the State’s appeal was dismissed by the High Court. The High Court took the view that while absence from duty was definitely a misconduct, Singh should have been discharged from service only after a formal inquiry.
Posted online: Sunday , May 25, 2008 at 08:40:11Updated: Sunday , May 25, 2008 at 08:40:11

Global legal regime vital to tackle terrorism: CJI

Ottawa: Chief Justice of India K G Balakrishnan stressed on the need for a “global legal regime” to tackle the challenges posed by terrorism and breaches of intellectual property rights.
“Terrorism and breaches of intellectual property rights are no longer a problem of a particular nation but an issue involving a number of international aspects. Since these are global phenomenon, responses to terrorism and breaches of intellectual property rights must also be global,” the Chief Justice said yesterday. Balakrishnan, during his three day official visit to the country, watched proceedings of the Supreme Court of Canada in Rogers Holland case, and met Chief Justice of the Supreme Court of Canada Beverly McLachlan, judges of the Supreme Court; Chief Justice of Quebec Michel Robert, and discussed the matters of mutual interest. “The escalation of global terrorism and advances in digital technology has posed a new challenge to law makers and judiciary,” he said while discussing the challenges posed advancements in digital technology to law makers, and how India and Canada could help each other in the field of legal education.
Acting Dean of Law Faculty of University of Ottawa Daniel Gervais explained to the Chief Justice how Canadian experience in the field of intellectual property rights and legal education could be useful to India.
He also attended a dinner hosted by the Speaker of Canadian Upper House where he met Canadian law makers and discussed National Security and Civil Liberties issues.
The Chief Justice said that National Law School in Delhi would be set up soon, and added steps were being taken to overcome the shortage of law professors in India. He also said that the judge’s strength of the Supreme Court would be increased to 31 from present 25.
Source : PTI
Sunday, May 25, 2008 09:02 [IST]

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