Daily Legal News

 

 

Delhi HC sends back Tata Sky-ESPN case to Tdsat

http://www.indiantelevision.com/headlines/y2k8/june/june242.php

 

MUMBAI: The Delhi High Court has sent back the ongoing legal battle between direct-to-home service provider Tata Sky and ESPN Software India Private Ltd (ESIPL) to Telecom Disputes Settlement and Appellate Tribunal (Tdsat).

The High Court has also dismissed the Tata Sky injunction application filed against ESIPL.

In its application Tata Sky said that ESIPL had withdrawn the reference interconnect offer (RIO) dated 15 May 2008, and has not filed a fresh one; so it should be discharged from complying with their undertaking.

A single member bench of Justice Rajiv Shakdher directed Tata Sky, which today filed an application seeking withdrawal of its undertaking submitted before the bench to restore ESPN signals in its base pack.

This undertaking was to make available the three channels of ESIPL namely ESPN, Star Sports and Star Cricket to all their subscribers as on 20 May 2008.

Justice Rajiv Shakdher, in his order, maintained that Tdsat should take a view on whether Tata Sky should be allowed to be bound down by its undertaking or not.

The court also directed the parties to approach the Tdsat for an early hearing. The matter is listed for hearing in July.

Indiantelevision.com Team

(23 June 2008 8:00 pm)

www.indiantelevision.com

 

 

HC restrains finance company from taking possession of flat from defaulter

http://www.mynews.in/fullstory.aspx?storyid=6471

 

Kolkata: The Calcutta High Court today restrained a private home finance company from taking possession of a flat owned by a woman, who had allegedly defaulted in repaying a loan taken for purchasing it.

It was stated that Sandipa Mitra purchased a flat on Chetla Road in the southern part of the metropolis with a loan of Rs two lakh from the home finance company in 2000.

She had paid 66 monthly instalments at the rate of Rs 2,579 towards repayment of that loan.

This way she had paid back a total of Rs 1.70 lakh to the finance company.

She could not pay the last 12 instalments because of financial difficulties.

Biswadeb Ray Chowdhury, who appeared for the petitioner, submitted before Justice Dipankar Dutta that under section 13(ii) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act of 2002, the company giving loans should issue a notice to those who have failed to pay back a loan in principal amount and interest.

But in this case, no such notice had been issued to Mitra.

Instead, the company had written a letter to Mitra that it would take possession of the flat within a week, Chowdhury stated.

Justice Dutta issued an interim order restraining the company from taking possession of the flat.

© 2008  mynews.in   

Publication Date  23/6/2008 8:52:27 PM(IST) 

www.mynews.in

 

 

HC directs govt to equip all hospitals with rabies vaccine

http://www.chennaionline.com/colnews/newsitem.asp?NEWSID=%7BFA61813E-BE4D-41FF-86D6-F3DD6526968F%7D&CATEGORYNAME=CHN

 

Madurai, June 24: Expressing concern over the deaths caused by rabid dogs, the Madras High Court Bench here on Monday directed the Tamil Nadu Government to ensure adequate stocks of required drugs and vaccine for treatment of rabies in all the district, taluk and primary heatlh centre hospitals.

Chief Justice A K Ganuly and Justice P K Misra, disposing a Public interest Litigation petition on the plight of people in the southern districts, said the government should act within four weeks and see that those bitten by rabid dogs were given treatment in all the above hospitals instead of the present practice of referring such case to hospitals in Tiruchirappalli, Madurai, and Tirunelveli.

M Thiraviyapandian of Tamizh Thangi Sangam in his PIL said four persons died of rabies in the last six months. A 13-year old school girl of Ilyangudi in Sivaganga District died even though she was given treatment at Sivaganga and Madurai.

The main reason behind the rabie deaths was that PHC, taluk and even district-level hospitals did not have adequate facilities to treat advance level of rabies, and they were referred to Madurai, Tiruchirapalli or Tirunelveli, he said. The government should also give adquate compensation to the next of kin of the girl who fell a victim to the rabies at the government hospital.

He said if was the duty of the government to eliminate the rabid dogs, as rabies had been notiified as a serious disease. If the local government hospitals could give adquate treatment, deaths could be avoided.

Though he gave representations to the government, no action had been taken. Hence the PIL, he submitted – Agencies

Published: Tuesday, June 24, 2008

www.chennaionline.com

 

HC grants injunction against Boston Analytics

http://www.business-standard.com/india/storypage.php?tp=on&autono=40688

Based on a complaint by private equity and venture capital research firm Venture Intelligence, the High Court of Madras has granted an injunction against Boston Analytics, the Indian arm of a US-based business research firm, for infringing the copyrighted data and information of the Venture Intelligence private equity deal database.
 
According to the Venture Intelligence complaint, Boston Analytics had attempted to sell “for commercial gain” a report on private equity investments in India using copyrighted data and information from the Venture Intelligence database. The High Court injunction has required Boston Analytics to immediately stop marketing and sales of any product or service containing data / information from the Venture Intelligence database.

“Subscription and access to Venture Intelligence databases, newsletters and reports is meant for internal and non-commercial use. We will not hesitate to rigorously defend and protect our intellectual property against any sort of violation,” said Arun Natarajan, founder and CEO of Venture Intelligence.

BS Reporter / Mumbai June 24, 2008, 14:27 IST

www.business-standard.com

 

 

Keep abreast of changing dynamics: CJI

http://www.hindu.com/2008/06/24/stories/2008062456630100.htm

MADURAI: Law is developing in a phenomenal manner. Hence, lawyers need to keep abreast with its changing dynamics, said K.G. Balakrishnan, Chief Justice of India, here on Monday.

Inaugurating four library sections at the Madurai Bench of Madras High Court Bar Association (MMBA), he said that patent law, cyber law and antidumping laws were some of the new areas that have cropped up of late.

“Even the conservative law is changing. So, the lawyers must read and understand the changing scenario of law. You have to read even subjects unconnected with law and enlighten judges and yourself.” The CJI persuaded young lawyers in Madurai to excel in their profession. “Let it be said in India that Madurai Bar is the best in the country.”

Earlier, Dr. Justice Balakrishnan handed over a demand draft for Rs. One lakh donated by Justice AR. Lakshmanan, Chairman, Law Commission of India, to MMBA president Isaac Mohanlal for purchasing books to the library. Dr. Lakshmanan also announced a donation of Rs. One lakh to the women lawyers’ association.

Supreme Court Judge P. Sathasivam advised lawyers to be punctual and utilise their time in a fruitful manner. He asked the Bar to enrich its library year after year. All Supreme Court Judges have been provided with bare Acts in their home library, thanks to the initiative taken by the Chief Justice of India, he said.

The Chief Justice of India also attended a function at the Madurai Bar Association in the district court premises here. Chief Justice of Madras High Court A.K. Ganguly participated in both the functions.

Staff Reporter

Tuesday, Jun 24, 2008

www.hindu.com

 

 

CJI’s concern over backlog of cases
http://www.newindpress.com/NewsItems.asp?ID=IET20080624002914&Page=T&Title=Southern+News+-+Tamil+Nadu&Topic=0

MADURAI: Lack of infrastructure and non-filling of vacancies in the judiciary are responsible for the accumulated backlog of cases in courts, said K G Balakrishnann, Chief Justice of India.

He also suggested that at least one per cent of the Gross Domestic Product (GDP) should be earmarked for courts and judiciary for their effective functioning.

The Chief Justice was speaking after inaugurating the ‘Continuous Lok Adalat’ at the Madurai Bench of the Madras High Court here on Monday.

He said that there were thousands of vacancies in the courts in the country. In Tamil Nadu alone, there were 400 vacancies and the government had agreed to fill 200 of them.

He welcomed the announcement of the Minister for Law that many more courts would be started. But that was not the case in many other States, he pointed out.

“In one state, which I do not want to name, 50 to 60 per cent of the courts are functioning in rented buildings. The courts are housed in very old buildings elsewhere,” he said.

The courts cannot be blamed for pendency of cases, if the governments do not fill the vacancies, and provide adequate infrastructure, he said and added that even in Tamil Nadu which was ahead of other states in providing the infrastructure and filling vacancies, there was scope for improvement.

“Buildings alone do not make courts. People, bar and the advocates, should make it a temple of justice” the CJI said hailing the functioning of the Madurai Bench.

The CJI said that Lok Adalat was one of the ways to reduce the backlog of cases. At the first Lok Adalat of the Supreme Court held in May last, 21 out of the 45 cases were resolved.

Justice P Sathasivam of the Supreme Court suggested that State governments also could form a high-level committee to resolve disputes between government departments and government undertakings.

Chief Justice of Madras High Court A K Ganguly said that with the ‘Continuous Lok Adalat’ bench inaugurated today, the Madras High Court has achieved the distinction of having four such benches, a distinction which no other High Court has.

Minister for Law Duraimurugan said that the government had sanctioned to fill 200 vacancies in courts.

Tuesday June 24 2008 10:50 IST

Express News Service

www.newindpress.com

 

Writ may hit Sun Effexor launch

http://www.dnaindia.com/report.asp?newsid=1173131

 

Osmotica files citizen’s petition; may have an opportunity cost

MUMBAI: Sun Pharmaceuticals seems to be getting into one trouble spot after another.

Following its spat with Taro, the Israeli pharma major, over a failed merger, Sun is set to face some anxiety over its plans to launch the generic version of US pharma giant Wyeth’s $2.4 billion anti-depression and anxiety disorder drug Effexor XR.

US-based Osmotica Pharmaceuticals, which has received the US Food and Drug Administration (FDA) approval for marketing generic Effexor, has filed a citizen’s petition requesting the FDA to ask all subsequent filers for tablet versions to re-submit their abbreviated new drug applications (ANDA) applications proving bioequivalence to Osmotica’s product as the reference listed drug (RLD).

Sun is awaiting “non-AB rating” approval (certifying that its product is non-identical to others) for marketing Effexor tablets in the US and had filed the ANDA last year. The approval is expected anytime this year after the patent expired on June 13, 2008.

The company has also received a “will not sue” covenant from innovator Wyeth and had announced that it will launch Effexor XR as soon as it gets regulatory approval.

The petition from Osmotica could, however, spoil the game for Sun.

Although the company feels Osmotica’s move is to delay its launch, Sun expects the problem will be resolved.
“Since there has been no indication from the FDA for a specific date for approvals, we cannot say that the delay is because of the petition,” a company spokesperson told DNA Money.

The spokesperson added that now it’s the FDA which has to move and right now Sun needs to wait and see.
However, analysts are keeping fingers crossed because, even as the FDA looks into the petition, it could delay Sun’s entry in the market, translating into a loss in opportunity and therefore negative financial impact on its books.
Vihari Purushothaman and Rohita Sharma of Enam Securities said in a note the opportunity for Effexor may also be lost if Sun seeks legal intervention, as ANDAs for generic Effexor-XR capsules may be approved and launched in the interim.
Sun did not disclose its revenue targets and marketing strategies for Effexor, which is thought to be a $2.4 billion opportunity.

However, the company had earlier told analysts during the annual results that it expects a gradual pick-up of sales and continue to explore avenues such as mail order or PBM to promote the generic Effexor XR equivalent.
“Since there are no precedents for a non-AB rated product of this size and magnitude, it is difficult to state a target market share number, but in our opinion it would likely be a slow and steady increase,” Dilip Shangvi, chairman and managing director of Sun, had said during the analyst conference call.

Archana Shukla

Tuesday, June 24, 2008  03:44 IST

www.dnaindia.com

HC issues notice to judo federation

http://www.hindu.com/2008/06/25/stories/2008062557242200.htm

 

NEW DELHI: The Delhi High Court has issued notices to the Union Government, the Judo Federation of India, the Sports Authority of India and the Indian Olympic Association on a petition by a woman judoka challenging her exclusion in the 78k category from the team for the upcoming Beijing Olympics.

Issuing the notices, Vacation Judge S.L. Bhayana directed the respondents to file their replies to the petition by Oct. 16.

The petitioner, Bittu Sharma, submitted that another judoka, Divya, had been selected to represent the country in the 78k class without conducting a trial for selection.

She alleged that Divya had nothing to her credit except a medal at a Commonwealth Games. — Staff Reporter

Wednesday, Jun 25, 2008

www.hindu.com

  

Runaway Couples
Evolve compassionate mechanism: HC
http://www.tribuneindia.com/2008/20080625/main6.htm

The Punjab and Haryana High Court wants the state to evolve a “compassionate” mechanism for redressing the grievances of runaway couples and their parents.

Not divorced to the reality of suicide pacts and honour killings, it has even asked the home secretaries of Punjab, Haryana and Chandigarh to inform the court on the system they intend to develop for preventing the couples from being chased around and the parents from sobbing their hearts out.

The court has also made it clear that “Society has to insulate these couples”.

In first of its kind order on the issue, Justice K.S. Ahluwalia has ruled: “Marriage is a solemn affair. If the young couples, to protect their marriage, which is sacred, go to the chambers of advocates, and at a very young impressionable age are confronted by the clerks of the advocates and staff of the court, it is not a good beginning.

“Couples hiding themselves in the corridors of the court, chased by the parents accompanied by musclemen armed with weapons, is not the answer which they seek by performing marriage”.

Clarifying the legal position, Justice Ahluwalia has asserted: “I have before me number of young married couples, who, stuck by cupid’s arrow, have exchanged vows of marriage and promise of living together, and are running from pillar to post chased by the musclemen or the police.”

“The law permits these couples, who have eligibility of age on their side, to start their matrimonial lives and perform their marriage”. The Judge added that the filing of petitions by the couples was also adding to the backlog.

“In summer vacations, I am holding the court to decide anticipatory bail applications and habeas corpus petitions. Out of 26 matters listed before me, 10 matters pertain to marriage of young people aged between 18 and 21…” “The scene is no different on other days when the court is functioning and deciding the cases regularly…When the arrears of cases are mounting, the High Court is flooded with petitions, where a number of judges of this court have to answer the question of right of life and liberty to the newly married couples”. Stressing on the need for state intervention, Justice Ahluwalia has stated: “Time has changed now, but the response of the state has not changed….

The state is a mute spectator. When shall the state awake from its slumber, till how long state shall elude permanent solution, and till how long the courts can provide solace and balm by disposing such cases – are questions which are begging answers…

“Happy family life, social harmony, amicable and cordial neighbourhood should be the concern of the state and society. The courts alone cannot change the mindset”.

Before parting with the orders, the Judge added: In the present times, world has become a global village. We have television channels of the whole world on the remote control of the children, who have attained maturity or are near the age of maturity, who are conscious of their rights, who want to write their own destiny, yet the orientation of society is medieval….

“Time has come for the state to speedily evolve compassionate mechanism to redress the grievances of the young couples and their parents”.

Wednesday, June 25, 2008, Chandigarh, India

Saurabh Malik
Tribune News Service

www.tribuneindia.com

HC nullifies poll results

http://www.telegraphindia.com/1080625/jsp/nation/story_9457259.jsp

Cuttack, June 24: Orissa High Court has allowed an election petition filed by former minister Arabind Dhali over Malkangiri Assembly seat in which Dhali had lost to Nimai Chandra Sarkar of the Congress by 253 votes in 2004.

With that the court has declared the Malkangiri results as void. Under election laws, it is up to Election Commission to declare a seat vacant.

OUR CORRESPONDENT

Wednesday , June 25 , 2008

www.telegraphindia.com

 

 

 

Afghan Church trustees move HC

http://www.dnaindia.com/report.asp?newsid=1173399

 


Former Bishop of Bombay, Baiju Gavit, and other trustees of Bombay Diocesan Trust Association, which runs the Afghan Church in Colaba, have moved Bombay High Court, urging it to quash a complaint of forgery and cheating filed against them at Colaba police station.

Gavit, fellow-trustees Bishop Vijay Sathe and Shrikant Salvi and the current Bishop of Pune, Rajnikant Salvi, have told the court in their application, filed earlier this month, that an activist, Cyril Dara, had baselessly accused them of striking illegal deals, worth crores of rupees, with various builders for development of the land on which Afghan Church, a heritage structure, stands.

Gavit has stated that in 1992, the defence estate officer had claimed that the Afghan Church property vested with the trust should actually be vested with the ministry of defence. His application was heard by the superintendent of Bombay City Survey and Land Records from 1996-2004. On September 23, 2004, the superintendent rejected the defence estate officer’s claim, and held that Afghan Church property was rightly vested with the trust.

In 2006, the trust applied to the charity commissioner for sanctioning development of the trust land. It was at that time, the petition has stated, that Dara and his associate, Sandeep Gaikwad, had raised objection to the development.

“Dara suddenly embarked upon a mission of becoming ‘saviour’ of Colaba and in his zeal of continuing his mission Dara filed bogus police complaints last year,” stated the trustees.

DNA Correspondent

Wednesday, June 25, 2008  02:27 IST

www.dnaindia.com

 

 

HC tells state to furnish detailed report in Sushmita’s

http://www.expressindia.com/latest-news/HC-tells-state-to-furnish-detailed-report-in-Sushmitas/327207/

 

Mumbai, June 24 The Bombay High Court on Tuesday asked the state government to submit date-wise report of investigation to the court by June 30 regarding the import of the Land Cruiser which landed actor Sushmita Sen in trouble for octroi evasion.

A division bench of Chief Justice Swatanter Kumar and Justice V M Kanade directed the state to explain what offences prima facie have been revealed along with the documents recovered and the roles of the people involved.

Meanwhile, the state government informed the court that one more arrest has been made in the allegedly bogus car deal struck between actor Sushmita Sen and her car dealer. The police arrested Jugalbahadur Singh Gujral on June 21.

Government pleader D A Nalavade informed the court that Gujral was an employee of Haren Choksey, Sen’s car dealer. So far, Vasu Thamalla alias Shrinivas Balashetty, Choksey, another agent Mukhtiar Damanwala and Gujral have been arrested in the case. While Choksey and Damanwala have secured bail, the other two are still in custody.

The court also expressed its surprise on learning that Thamalla was still in custody as he could not furnish the bail amount of Rs 5000.

“Here is a man who bought a car for Rs 10 lakh, sold it for Rs 70 lakh and does not have Rs 5,000 to pay his bail bond. So there is a lot to be looked into.” Chief Justice Kumar said.

Choksey’s advocate Vikram Chaudhary said that the police was pre-judging the case as the FIR primarily dealt with Thamalla’s two passports.

Nalavde had told the court that as per the police report the imported 2004 model Land Cruiser appears to have been passed off as 1998 model based on forged documents.

Nalavde stated that a cheque of Rs 56 lakh were also discounted by various people and a power of attorney was also given to Choksey by Thamalla.

The case of octroi evasion against Sen had taken a turn when a report filed by the Malabar Hill police had stated that there appears to be a racket to loot the government and evade Octroi worth lakhs.

The court had on October 11, 2007 upheld Sushmita’s petition for quashing order of the BMC’s Joint Commissioner asking her to cough up more than Rs 23 lakh towards octroi and ten times penalty for importing the Land Cruiser.

Express News Service

Posted online: Wednesday, June 25, 2008 at 01:52:27
Updated: Wednesday, June 25, 2008 at 01:52:27

www.expressindia.com

HC scan on judge selection

http://www.telegraphindia.com/1080625/jsp/calcutta/story_9457763.jsp

The recruitment of subordinate-court judges has come under the high court scanner after five petitions challenged the selection process.

Five candidates who made it to the shortlist after a written exam last year but were not called for the medical test recently moved the petitions.

They produced three circulars issued by Mahadev Ghosh, the registrar (judicial service) of the high court, within four months providing three different figures for the number of vacant judges’ posts.

“In an April 3 circular, a high court officer claimed that there were 351 posts and 258 judges. After 12 days, the same officer in another circular said there were 283 judges working across the state. How were 25 judges recruited in 12 days?” asked a petitioner.

In February last year, the state government published advertisements in newspapers — on the basis of a January circular by Ghosh — inviting applications for 113 vacant posts of judges in the 202 lower courts across Bengal.

In July 2007, the applicants sat for the written exam. On March 19 this year, a shortlist of 152 was published.

“Only 96 of them were called for the medical test. Seventy were appointed on June 15,” added the petitioner.

“When we asked the authorities why only 70 candidates were appointed, they handed over the April 3 circular. They later produced the April 15 circular, claiming 68 vacant posts,” said another petitioner.

Hearing of three of the petitions has been completed. The hearing of the other two petitions is pending before Justice S.P. Talukdar

OUR LEGAL REPORTER

Wednesday , June 25 , 2008

www.telegraphindia.com

 

HC orders probe into grain scam

http://www.telegraphindia.com/1080625/jsp/jharkhand/story_9460181.jsp

Ranchi, June 24: Jharkhand High Court has directed Palamau commissioner to conduct an independent inquiry into fraudulent disbursement of rice under welfare schemes in the Hussainabad block.

Jharkhand High Court also directed the commissioner to compile a report on the status of distribution channels in the blocks and how such abuse of welfare schemes could be minimised.

The high court in its directive took a stern view and observed that welfare schemes for the poor were being bungled for the personal gain of a few corrupt officials and agreed to take up the case again on July 29.

The matter had come up before the court in a public interest litigation filed a year ago by one Ramdeo Mahto who alleged fraudulent disbursement of rice under the schemes in Palamau.

Citing a report of the Palamau sub-divisional officer, Mahto said in his petition that officers of the district administration were guilty of diverting rice for the poor to black market.

The sub-divisional officer’s report revealed that 383.6 quintal of rice was swindled, for which the Hussainabad circle officer and circle inspector were held guilty.

In his public interest litigation Mahto told the court that although the sub-divisional officer had named the guilty officers, the administration was silent on the issue.

“The guilty officers should be immediately taken to task,” he said in his petition.

During today’s hearing, the district administration filed an affidavit and accepted that its officers were guilty of committing fraud in the disbursement of foodgrain. It said first information report had been lodged and the guilty suspended.

Jharkhand High Court observed that the administration had accepted its fault and had punished its officers by suspending them, but there may be more officials involved in the scam.

Jharkhand High Court then directed the commissioner to inquire what steps could be taken to control such actions in future.CHANDRAJIT MUKHERJEE

Wednesday , June 25 , 2008

www.telegraphindia.com

 

 

 

Vodafone tax hearing begins in Bombay HC

http://www.ibnlive.com/news/vodafone-tax-hearing-begins-in-bombay-hc/67641-7.html

New Delhi: The Vodafone tax case hearing started in the Bombay high court on Monday.

The Court is to decide whether Vodafone owes the Indian government nearly $2 billon for its takeover of Hutchison Essar, one of the country’s major mobile networks.

Vodafone bought a controlling stake in the last year and advisors to the UK group said no tax is owed to India as the deal was between two foreign companies.

The company is leaving nothing to chance and has even thought of approaching the international court if high court rejects its argument

Published on Tue, Jun 24, 2008 at 01:48

www.ibnlive.com

 

 

HC to the rescue of paralysed lawyer

http://www.expressindia.com/latest-news/HC-to-the-rescue-of-paralysed-lawyer/327354/

 


Madurai, June 25: The Madurai bench of the Madras High court has come to the aid of a practising advocate, paralysed below the waist, directing transport authorities to consider afresh his application to register his modified car.

The Regional Transport Office rejected his application as it did not have approval from Automotive Research Association of India, Pune.

Justice P K Misra, in his order, said the RTO could not reject the application to register the vehicle because it had been modified by a local mechanic to suit the needs of physically challenged persons. Similarly they could not deny a driving licence to the applicant.

“A manufacturer, due to economic in viability, may not think of manufacturing carriages for invalid persons or physically challenged persons. There will be lack of demand for such vehicles. Hence only the local mechanic can handle such modifications,” he said.

Even if they do make such vehicles, a buyer could approach the local mechanic and still modify his vehicle to suit his convenience. “I don’t see any restriction in altering the model of the vehicle”, the judge said.

He directed the RTO and Deputy Commissioner of Transport Department to consider anew the lawyer’s application in the light of the observation in his order and take appropriate steps in four weeks

Agencies

Posted online: Wednesday, June 25, 2008 at 03:46:53
Updated: Wednesday, June 25, 2008 at 03:46:53

www.expressindia.com

 

7 days ago
Cabinet push for activating Armed Forces Tribunal

http://www.nerve.in/news:253500148987

 

New Delhi, July 24 – The Indian government Thursday moved to activate the Armed Forces Tribunal by approving the creation of 31 posts for the body which will hear appeals against the judgements of military courts.

‘This will pave the way for the creation of an independent adjudicating forum for dispensing cost effective and speedy justice to armed forces personnel,’ Information and Broadcasting Minister Priya Ranjan Dasmunsi told reporters after a cabinet meeting presided over by Prime Minister Manmohan Singh.

The posts include one of chairperson, 29 posts of members for the principal bench at New Delhi and eight regional benches, and one post of principal registrar at the principal bench, the minister said.

Once the tribunal is activated, the over 9,800 cases pending in various high courts will be transferred to the body.

The process of setting up the tribunal had gathered momentum after Defence Minister A.K. Antony assumed office in October 2006.

The principal bench will have three courts and will have jurisdiction over appeals filed in the Delhi High Court.

The Chandigarh and Lucknow benches will also have three courts each. The Chandigarh bench will have jurisdiction over Jammu and Kashmir, Punjab, Haryana and Himachal Pradesh. The Lucknow Bench will have jurisdiction over Uttar Pradesh, Uttarakhand, Madhya Pradesh and Chhattisgarh.

The other locations for the benches, with one court each, will be Kolkata, Guwahati, Mumbai, Kochi, Chennai and Jaipur.

The Kolkata Bench will have jurisdiction over West Bengal, Orissa, Jharkhand, Bihar and the Andaman & Nicobar Islands.

The Guwahati bench will have jurisdiction over Assam, Manipur, Nagaland, Meghalaya, Tripura, Mizoram and Arunachal Pradesh.

The Mumbai bench will have jurisdiction over Maharashtra, Goa and Gujarat.

The Kochi bench will have jurisdiction over Kerala and Karnataka, the Chennai bench will look after Tamil Nadu and Andhra Pradesh, and the Jaipur bench will have jurisdiction over Rajasthan.

‘The setting up of the Armed Forces Tribunal will fulfil a long-felt need of the country’s three defence services,’ an official said.

Of the appeals pending in different high courts, the maximum number – 2,487 – will be transferred to the Chandigarh bench, while the Lucknow bench will adjudicate 2,407 cases.

The principal bench here will adjudicate 2,306 cases.

The tribunal’s chairperson will be a retired Supreme Court judge or a retired high court chief justice. Retired high court judges will head the regional benches.

Thursday, 24 July 2008

www.nerve.in

 

The Monthly Memo
1 Aug 2008

http://lawmatters.in/content/the-origin-of-copyright-478.html

 

Drugs and Alcohol

  • The Cigarettes and Other Tobacco Products (Prohibition of Advertising and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 prohibits the sale of tobacco and other such products near educational institutions. However, the Maharashtra Government plans to crack down on all hookah joints in public interest. (DNA)

Employment

  • The Delhi High Court held that an employee can be dismissed for acting beyond his authority as it amounts to breach of discipline and misconduct in a case involving Chaman Lal, an SBI Branch Manager. (Trade Matters)
  • The Armed Forces Tribunal which is to ‘adjudicate disputes and complaints of armed forces officers and personnel relating to appointments, conditions of service and punishments handed down by military courts’ is scheduled to begin functioning in August. Currently, the Supreme Court and the High Courts have the jurisdiction to hear these matters. (ThaiIndian)
  • The Supreme Court has held that unexplained and inordinate delay in the initiation of disciplinary action against a an employee is a ground for quashing the inquiry in a case involving Ranjeet Singh, clerk in the Haryana Health department. (The Hindu)
  • The High Court of Madras held that both legitimate and illegitimate children are entitled to ‘compassionate appointments’ on the death of a parent. (ToI)

Environment and Wildlife

  • The Supreme Court has reportedly ordered amusement parks and mini zoos in India to be derecognised if they are not sanctioned by the Central Zoo, New Delhi. The report seems incomplete. (The Statesman)
  • A Bench of the Bombay High Court comprising Chief Justice Swatanter Kumar and Justice V M Kanade directed the State government and the municipal corporation to provide a site for dumping bio-medical waste. Rules dealing with the disposal of such waste had come into force in 1998. (ToI)
  • The Supreme Court has the power to denotify areas of wildlife sanctuaries. The Maharashtra Government wants it to use this power to limit the area of the Great Indian Bustard sanctuary in Amhadnagar and Solapur districts from the 8500 sq km proposed in 1985 to about 350 sq km. (Economic Times)

Family

  • A Muslim girl can legally get married without parental consent after attaining puberty even if she is below the age of eighteen years since Muslim personal / religious law allows her to do so held a Bench of the Delhi High Court comprising Justices Vikramjit Sen and V K Shali in the case of a girl named Afsana. Her mother Nihal had claimed that her husband had kidnapped her. (Indian Express)

Freedom

  • Justice Sikri of the Delhi High Court said that there was nothing unusual in the holding of the Gay Pride Parade (on June 29) and dismissed objections raised by anti-gay rights activists including B P Singhal of the RSS. (DNA)

Health

  • A 2007 High Court ruling held that government hopitals in Delhi provide patients suffering from haemophilia with not only timely treatment but also with Anti-Hemophilic Factor free if they fell below the poverty line, and at 50 per cent to 80 per cent if they did not. However, this ruling does not seem to have been followed. (CNN IBN)

Intellectual Property

  • Manisha Nair mentions the jurisdictional issues the Supreme Court dealt with in the case of Laxman Prasad v. Prodigy Electronics Ltd. & Anr. [2008 (37) PTC 209 (SC)]. (Lex Orbis)
  • The Delhi High Court passed an in Dabur India and Shree Baidyanath Ayurved Bhawan can use the words ’sugar free’ in relation to their products. Cadila which produces the sugar substitute ‘Sugar Free’ had tried to stop them from doing so. (Business Standard)

Judiciary and Lawyers

  • Puja Trivedi describes the evolution and current status of the eJudiciary in India (Indian Express)
  • When Calcutta’s oldest lawyer, Peston Pedamji Jinwala, died at the age of 89, he asked that a holiday not be declared to mourn his death. In doing so, he may have broken a tradition in the Calcutta High Court which has more holidays than any other High Court. (Khaleej Times)
  • An impromptu lawyers’ strike led to a man who works as a labourer arguing a case in the Madras High Court himself on behalf of his daughter. Their lawyer had told just just a short while before the hearing that he couldn’t argue on their behalf. (The Hindu)

Riots

The Realm of the Bizarre

  • Not sure what death by misadventure is? One example is accidentally killing oneself by drinking too much water, as Andrew Thornton, 44, did. (Daily Mail)

Cyber Law »

Notes which Self-Destruct
[10 Jul 2008 | 2 Comments | 30 views]

It may sound Harry Potterish but allowing people to send notes which self destruct is actually a service provided by Privnote.

This seems to be how it works: you write a note and then post it. The note gets stored somewhere — the site doesn’t say where — and you’re given a link where you (or someone you give / mail the link to) can read it. The link works just once after which the note is destroyed. Privnote says the service provides ‘a little extra privacy at zero cost’.

The company also says in a disclaimer which shows up when you click on a link they send you that they ’store the notes encrypted in a way that only the sender and receiver know how to decrypt’. This means, they say, that they cannot read the notes sent through Privnote. And, obviously, the company does not shoulder ‘any responsibility for the views and opinions expressed in the note’.

However, as Brian Beckham points out, the site does not specify exactly what happens to the data sent through its system. He asks some pretty important questions:

‘Can the company retrieve information which has supposedly been destroyed? Is it compiling a profile on those who use the service? Would it turn the info over to the feds or anyone else armed with a subpoena?’

Privacy Policies are unusual in themselves. They’re common but that’s not the same as being ‘usual’. They are among the few instances where companies and others take it upon themselves to restrict their own freedom by saying that they will use the information they receive only in certain specified ways. The promises contained in Privacy Policies are binding on those who make them, and liability can be incurred if they are broken.

Nonetheless, as Brian says, one would assume that a company which provides a service which is all about privacy would have a clearly defined privacy policy. Privnote, however, doesn’t seem to have one though.

Perhaps the service is best suited to the needs of teenagers who’d like to spice things up a bit by sending each other supposedly private notes. Somehow, one can’t help but think that it isn’t a very bright idea to send confidential professional information across without actually knowing what’s happening to it.

 http://lawmatters.in

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