LEGAL NEWS 18.11.2008

Delhi HC reserves its judgement in Uphaar case
http://www.indlawnews.com/newsdisplay.aspx?ec4362fe-6583-4ffd-85f4-479912db9c87
11/18/2008
The Delhi High Court reserved its judgement on an appeal petition of Real Estate barons Sushil and Gopal Ansal, who are in jail for tampering the evidences in the Uphaar cinema fire case which claimed 59 lives in 1997.Justice Ravinder Bhat, after hearing lengthy arguments from the prosecution (CBI), Association of Victims of Uphaar Tragedy (AVUT) and the defence lawyers, reserved the judgement. A trial court on November 20, 2007 had convicted the Ansal brothers along with three others under Section 304-A IPC (causing death due to rash and negligent act) and had sentenced them to two years imprisonment.The AVUT challenged the bail order of the Delhi High Court in the Supreme Court stating that the accused had tempered with the trial court documents, which prove them guilty, to influence the High Court to get a favourable judgement.The Supreme Court, taking tampering of evidences as a grave offence, cancelled the bail of the Ansal brothers and other accused and asked them to surrender in the court.The Ansal brothers surrendered before Additional Sessions Judge I K Kochhar at the Patiala House district court.Two managers of the Uphaar theatre, Ajit Chowdhary and Nirmal Chopra, also surrendered before the court.A Supreme Court bench comprising Justices B N Agrawal and G S Singhvi had ordered their arrest after cancelling their bail.The apex court while cancelling the bail of the convicts had taken a strong exception to the alleged tampering with the judicial records of the case by the accused people.Seven others including Ajit Chowdhary and Nirmal Chopra, whose bail were also cancelled , were convicted under Section 304 IPC (culpable homicide not amounting to murder) and sentenced them to seven years imprisonment.Others convicted under section 304 IPC were — Radha Krishan Sharma, Manmohan Unniyal (cinema’s gatekeeper), Brij Mohan Satija, A K Gera and Bir Singh (all DVB officials).The other three convicts — S S Sharma and N D Tiwari of Municipal Corporation of Delhi (MCD) and H S Panwar of Delhi Fire Service — were also granted two years imprisonment as their offences were similar to that of the Ansal brothers.The Supreme Court had directed not to grant any bail to the Ansals till the final outcome of the appeal application is heard in the High Court.Day to Day hearing was going on in the Delhi High Court. Senior lawyer Ram Jethmalani, who appeared for the Ansal brothers, said it was tragic that such an incident took place but there was no malafide intention or knowledge that such a mishap will occur. Senior Lawyer K T S Tulsi argued on behalf of AVUT and said the liability of such a big tragedy rests on the Ansals who had increased some seats in the cinema hall and blocked the Exit door de to which people died of asphyxia.A total 59 people were killed in the blaze in the theatre on June 13, 1997 during the screening of Hindi blockbuster Border. A fire broke in a transformer which was in the basement of the hall.The door of the hall was also locked and no immediate help was provided by the theatre employees to open the door and to rescue people. Infact the gatekeeper ran from the spot after locking it from outside, CBI had argued.UNI
http://www.indlawnews.com/newsdisplay.aspx?ec4362fe-6583-4ffd-85f4-479912db9c87

SC seeks status report on vacant OBC quota seats
http://economictimes.indiatimes.com/News/PoliticsNation/SC_seeks_status_report_on_vacant_OBC_quota_seats/articleshow/3725245.cms
18 Nov 2008, 0144 hrs IST, ET Bureau
NEW DELHI: The supreme Court on Monday asked the Union government to explain whether vacant OBC seats in central educational institutions, including IIMs and IITs, were being filled up by general candidates, in compliance with its earlier directive. A five-member Constitution Bench headed by Chief Justice K G Balakrishnan also asked the Centre to clarify on the allegation that the unfilled seats were being filled up by the retrospective implementation of the revised income ceiling limit of Rs 4.5 lakh for the well off (creamy layer) OBCs. The bench, which also included Justice Arijit Pasayat, Justice Altamas Kabir, Justice R V Raveendran and Justice Dalveer Bhandari, asked the government to place on record its position on the issues. The court passed the order on an application filed by a student Vishwarath Reddy who alleged that the Centre was filling up the vacant seats with OBC candidates by relaxing the norms and enhancing the income ceiling from Rs 2.5 to Rs 4.5 lakh, thus, denying the general category candidates the benefit extended by the apex court earlier. On October 14, the Constitution Bench had firmly told the Centre that the unfilled OBC seats in terms of the 27% reservation extended to the community in central educational institutions, should be filled up with the general category candidates. The apex court had said that all vacant OBC seats would revert to the general category pool and had also asked the Centre to fill these up by October-end. However, Reddy in his application alleged that the Centre instead of ensuring compliance of the apex court order had come out with an “office memorandum” on October 13 enhancing the income limit for OBC category students. The issuance of the office memorandum was done a day prior to the apex court directive since the Centre had anticipated the October 14 order, Senior Counsel K K Venugopal appearing for the petitioner said. Solicitor general G E Vahanvati, however, questioned the maintainability of the plea. Meanwhile, the Centre in an affidavit defended its move to increase the seats in Central educational institutions by 54% to give effect to the 27% quota reservations benefits to the OBCs. Mr Vahanvati rejected the argument of the anti-quota lobby that the increase in seats should be only 27%. He submitted that if the seats were not increased by 54%, then it would deprive the SCs, STs of the 22.5% statutory quota fixed for them. By way of an illustration, the government explained that if the total number of seats is to be increased without disturbing the 77 seats (out of 100), the number of seats has to be increased to 154 and not 127 as sought by the anti-quota activists. By increasing the seats to 154 the SCs, STs together would get 35 seats, OBCs 42 and the general category 77 seats, the Centre explained. In its October 14 order, the apex court had held that the seats remaining vacant after the implementation of the 27% OBC quota cannot be carried forward and all the seats have to be filled by the end of October. The court had disagreed with the Centre’s stand that the unfilled OBC seats can be accumulated for three years before being allotted to students from the General Category.
http://economictimes.indiatimes.com/News/PoliticsNation/SC_seeks_status_report_on_vacant_OBC_quota_seats/articleshow/3725245.cms

SC to take up Praful Patel’s plea in Auto Riders case
http://timesofindia.indiatimes.com/Business/India_Business/SC_to_take_up_Praful_Patels_plea_in_Auto_Riders_case/articleshow/3725064.cms
18 Nov 2008, 0012 hrs IST, TNN
MUMBAI: The Supreme Court on Tuesday will take up for final hearing the special leave petition filed by civil aviation minister Praful Patel
challenging four public interest litigations pending in the Bombay high court against the city-based Auto Riders for alleged misappropriation of Rs 126 crore of UTI and a consortium of banks. Patel was chairman of the company when the alleged misappropriation of funds took place. The minister has denied misusing funds. There were four PILs filed in the Bombay high court in 2006, demanding an inquiry into the misappropriation of public funds granted as loan to Auto Riders. Auto Riders in the period 1993-1999 had availed loans of Rs 126 crore from UTI and consortium of banks for purchase of vehicles. According to the PILs, a substantial portion of this amount was used by the directors to buy properties. The directors also diverted funds to their sister concerns, the PILs alleged. UTI had also filed a complaint in 2004 in the metropolitan magistrate’s court demanding action against the directors. On August 6, 2006, the Bombay high court, while hearing the PILs, directed the magistrate’s court to decide on the UTI’s complaint and kept the matters pending. Following this, the magistrate’s court directed the UTI to take necessary steps to transfer the case to CBI.
http://timesofindia.indiatimes.com/Business/India_Business/SC_to_take_up_Praful_Patels_plea_in_Auto_Riders_case/articleshow/3725064.cms

Indian Judiciary Doest not Follow its Own Laws
http://www.lawyersclubindia.com/forum/message_display.asp?group_id=3410
ON : 11/18/2008 5:09:05 AM
DP act sections 3,4, and 5:
3. PENALTY FOR GIVING OR TAKING DOWRY. – If any person, after the commencement of this Act,gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more.

4. PENALTY FOR DEMANDING DOWRY.-If any person demands directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine which may extend to ten thousand rupees.

5. AGREEMENT FOR GIVING OR TAKING DOWRY TO BE VOID.-Any agreement for the giving or taking of dowry shall be void.In most of the complaints it has been stated that before marriage dowry was demanded and bride’s father AGREED to pay and did so. Then after marriage more dowry was demanded…….Why police or court does not consider this section 5 of DP act? Just they blindly file DP4 (for demand only), even if they file DP3 (giving and taking) they exclude the dowry giver from the charges.Usually the complainant says that dowry was demanded BEFORE MARRIAGE (during engagement or other occasion). No one can do cruelty against her before marriage for NOT AGREE TO PAY DOWRY TO MARRY HIM. Whether marry or not marry the dowry demander is her choice. She can rightaway file complaint to the police about the dowry demand. But she did not!I believe still in india marriages are arranged by mutual understanding of two families and other formal family visits. No one kidnap the lady and demand dowry and force her to marry him. This is the fact. If so the bride’s family knowingly and voluntarily involved in the dowry offence, they agreed to pay the dowry and did so.Offence is offence, who ever commits, bride or bridegroom, before marriage or after marriage. Does not matter. Courts must have to see the “interest of justice” not the gender.Why Dowry law does not punish the families who knowingly involved and encouraged the dowry offence before marriage by agreeing and giving. They are the first culprits, they support the offence in the first place and pave the way for the future crimes in the society, and make the groom’s mind for future demand and crimes.Almost all the complaints are lodged by well educated families/women. All educated persons in india know very well that dowry is an offence. How come they can escape from the offence they committed. Why police and courts are not considering this as a crime!

Laws are meant to study in the law books only! Not to provide justice to innocents.
http://www.lawyersclubindia.com/forum/message_display.asp?group_id=3410

We don’t have faith in state: HC
http://timesofindia.indiatimes.com/Mumbai/We_dont_have_faith_in_state_HC/articleshow/3725053.cms
18 Nov 2008, 0007 hrs IST, Shibu Thomas, TNN
MUMBAI: The Bombay high court on Monday said it did not have any faith in the state in the Khwaja Yunus case and also made it clear that it would go through the CIDs investigation papers. Declining to accede to a plea by some top police officials to keep the documents under wraps, a division bench of Justices S B Mhase and Amjad Sayed criticised the conduct of the state in the case. Unfortunately, the state took various somersaults in the case and we do not have faith in the state, the high court judges said. The somersaults the court was referring to related to the contradictory stands adopted by the state at different times. Initially, the police claimed that Yunusa Gulf-returned software engineer picked up as a suspect in connection with the Ghatkopar BEST bus blast in December 2002had escaped while he was being escorted to Aurangabad for investigation. The police also claimed that Yunus was spotted by villagers after his escape. But, following a CID probe ordered by the high court, four officers were booked for allegedly murdering Yunus while in custody. A chargesheet was filed earlier this week against suspended inspector Sachin Vaze and constables Rajendra Tiwari, Rajaram Nikam and Sunil Desai. Yunuss mother Aasiya Begum has asked the court to also direct the prosecution of 10 other officers named by the CID but subsequently discharged by the state. The CID, in its earlier affidavit, said inspectors Prafulla Bhosale, Rajaram Vanmane, assistant inspector Hemant Desai and sub-inspector Ashok Khot of the Ghatkopar crime intelligence unit had tortured Yunus. Six other officers of the Powai unit were also named for assaulting Yunus. The court had then sought documents related to the investigation, including the CIDs letter to the state seeking permission to prosecute all 14 officers. Lawyers representing the 10 officers on Monday urged the court not to open the file or allow access to other parties, including Yunuss kin, who had filed the case. The court, however, did not agree and said the stand taken by the officers was not a correct approach and also indicated that it would go through the documents. If we prima facie find a case (against the officers), we will not hesitate to direct prosecution, the judges said, adding that the converse would hold good if it did not find any material. The lawyer, representing the 10 officers, also asked the court to revoke the suspensions as the chargesheet did not name them. The court asked the officers to approach the state government with its plea. The case has been scheduled for further hearing after four weeks. shibu.thomas1@timesgroup.com
http://timesofindia.indiatimes.com/Mumbai/We_dont_have_faith_in_state_HC/articleshow/3725053.cms

HC asks state to hear out banned film’s producer
http://timesofindia.indiatimes.com/Mumbai/HC_asks_state_to_hear_out_banned_films_producer/articleshow/3725814.cms
18 Nov 2008, 0623 hrs IST, Shibu Thomas, TNN
MUMBAI: Kamaal Khan’s Deshdrohi will stay off the screens, for now. The Bombay high court on Monday refused to interfere with the state’s order suspending the screening of the film. There was, however, a silver lining for Khan as a division bench of Chief Justice Swatanter Kumar and Justice Sharad Bobde asked principal secretary (home) to give a hearing to the film’s producer and pass a fresh order by November 20. Last week, the state had resorted to Section 6 of the Bombay Cinema Regulation Act and ordered suspension of the screening of the movie for 60 days. The film by Bhojpuri film-maker Khan, who also plays the lead role opposite Gracy Singh, is about a north Indian’s struggle in Mumbai. Deshdrohi was slated for release on November 14. “Following the recent incidents of violence, the government was justified in not allowing screening of the movie,” said assistant government pleader Niranjan Pandit. Members of Raj Thackeray’s MNS had assaulted north Indian students who had come to the city to appear for Railway Recruitment Board exams last month. According to the state, the screening of the movie would create a divide between north Indians and the state’s Marathi population. Khan’s lawyers argued that the movie was in the making much before north Indians were attacked in the city and the appellate tribunal of the censor board in Delhi had cleared the film with a U/A certificate after five scenes were deleted. According to Pandit, the time of the release of the movie was important and the state did not want passions to be further inflamed as a result of the “objectionable material” in the movie. Khan’s lawyers also offered to delete further scenes if asked for by the authorities. Though there was no requirement for any notice to the producers under the BCRA, the judges felt that “the interest of justice” would be served if the film-maker was given a hearing to place his stand.
http://timesofindia.indiatimes.com/Mumbai/HC_asks_state_to_hear_out_banned_films_producer/articleshow/3725814.cms

After HC reprieve, CIC goes on leave
http://timesofindia.indiatimes.com/Lucknow/After_HC_reprieve_CIC_goes_on_leave/articleshow/3725355.cms
18 Nov 2008, 0332 hrs IST, TNN
LUCKNOW: After joining office barely for an hour following the Allahabad High Court’s stay order on his suspension, chief information commissioner (CIC) Justice MA Khan proceeded on leave on Monday evening. With barely ten left days left for his superannuation, Justice Khan admitted that he chose “peace over every thing else”. Talking to TOI, Justice Khan said that he was due to retire on November 30. “November 28 is Friday and November 30 falls on Sunday, so practically my term comes to end on November 28.” This, Khan said, was one of the reasons why he decided to apply for ten days leave, and added there, however, was yet another reason for the move. “I do not want to annoy people unnecessarily and give them a chance to point an accusing finger later on, specially as nearly all cases pending before me are against UP government.” Warming up to the theme, the CIC, who had accused the government of witch-hunting after his suspension on July 9, alleged that he had already borne the wrath for having raised queries on the BSP dream project — the Ambedkar Park. “All I did then was to seek details about the alleged expenditure of Rs 1,600 crore from state exchequer over the park, and next I knew, they had placed me under suspension,” he said, adding “now, majority of the cases before the CIC are pertaining to irregularities in the Lucknow Development Authority (LDA). My words and action could easily be misconstrued.” Justice Khan said that he could easily be accused of acting in a prejudiced manner for obvious reason, therefore, he thought it best to stay back till the last working day and not give anyone an occasion to start a fresh controversy. He was placed under suspension on July 9 by governor TV Rajeswar on charges of departmental irregularities and misappropriation. Among other things his suspension order, passed along with a restraint order, categorically prohibited Khan’s entry on the premises of the RTI office in Jawahar Bhawan. It took him four months and a protracted legal battle to set foot into the building.”My stand”, said Khan, “has been vindicated and now I am looking forward to spending a peaceful time with my family.” The hearing on the issue before the Supreme Court comes up on Tuesday.
http://timesofindia.indiatimes.com/Lucknow/After_HC_reprieve_CIC_goes_on_leave/articleshow/3725355.cms

SC stays Rajasthan HC order putting on hold scheme for BPL women
http://www.hindu.com/2008/11/18/stories/2008111855551100.htm
Legal Correspondent
New Delhi: The Supreme Court on Monday stayed the Rajasthan High Court order staying implementation of the women’s empowerment scheme, Bhamasha Yojana, launched in July.
The High Court had stayed the scheme on October 21 on a public interest litigation petition filed by Mohan Lal Sharma, who alleged that the State Government was disbursing money on the eve of the Rajasthan Assembly elections in order to influence the voters. The High Court had granted the stay pursuant to an order passed by the Election Commission staying implementation of the scheme.
A Bench comprising Chief Justice K. G. Balakrishnan and Justice P. Sathasivam, while staying the order, said that it would be subject to the order passed by the Election Commission.
Beyond its limits
Senior counsel Aftaf Ahmed, appearing for the State contended that the High Court had gone beyond its jurisdiction by staying the entire scheme, which was launched in February this year. He said the Commission while enforcing the model code of conduct had stayed the government circular dated July 7 intensifying the implementation of the scheme and the government would separately deal with that.
The Bhamasha empowerment and women’s financial inclusion scheme was first announced by Chief Minister Vasundhara Raje in her Budget speech this year. Under the scheme, a deposit of Rs.1,500 is made in the bank account of a woman member from each of the Below Poverty Line, Scheduled Caste and Schedule Tribe families and those of small and marginal farmers.
In its special leave petition (SLP), the State Government contended that the High Court by staying implementation of the scheme had gone beyond the scope of the writ petition. It said the Bhamashah scheme was a health insurance scheme of the Central Government to empower 50 lakh poor families in rural areas of the State. The SLP sought quashing of the High Court order and an interim stay of its implementation.
http://www.hindu.com/2008/11/18/stories/2008111855551100.htm

HC upholds appointment of probe panel
http://www.thestatesman.net/page.news.php?clid=9&theme=&usrsess=1&id=231349
Statesman News ServiceBHUBANESWAR, Nov. 17: The Orissa High Court today upheld the appointment of former Lokpal Justice Mr SC Mohapatra as the lone head of the commission by the state government to probe into the killing of Swami Laxmananda Saraswati and the Kandhamal violence.A bench comprising Chief Justice BS Chauhan and Justice BN Mohapatra dismissed a petition challenging the appointment filed by the Utkal Christian Council secretary Ms Jyotsnarani Patra. It said that appointment of the Commission of Inquiry is not an ordinary case and it does not fall within the disability clause of Section 5 (3) of the Lokpal Act.The provision relates to a bar on post retirement employment of a Lokpal. But heading a Commission of Inquiry is not employment observed the court.The petition had alleged that the appointment was “illegal” as Section 5 (3) of Lok Pal Act provides that “on ceasing to hold office the Lok Pal shall be ineligible for further appointment under or office in any such local authority, corporation, government, company or society”.“We will file a Special Leave Petition in the Supreme Court under Article 136,” said advocate Mr PK Nanda who appeared on behalf of the petitioner.
http://www.thestatesman.net/page.news.php?clid=9&theme=&usrsess=1&id=231349

Parties defy HC order restricting rallies
http://timesofindia.indiatimes.com/Bangalore/_Parties_defy_HC_order_restricting_rallies/articleshow/3724923.cms
17 Nov 2008, 2358 hrs IST, TNN
BANGALORE: Despite the Karnataka high court restricting rallies in Bangalore way back in 2005, and asking the state government to provide land outside the city for the purpose, nothing has happened. The court had observed that processions taken out by political parties and organizations should not pass through the streets of the city. It also ruled that organizers of rallies should give a week’s notice to the government. In another order, the court had ordered issue of notices to all political parties in Karnataka that are registered with the Election Commission, to know their views on holding rallies. During President’s rule in February 2008, the government had furnished a list of registered political parties and favoured a ban on rallies at busy places, besides advocating the need to hold them only at designated venues. Then home secretary had suggested that a statutory amount be deposited as security by rally organizers, especially where chances of breach of peace are high.
http://timesofindia.indiatimes.com/Bangalore/_Parties_defy_HC_order_restricting_rallies/articleshow/3724923.cms

Ban on Deshdrohi to continue: HC
http://www.dnaindia.com/report.asp?newsid=1207426
Anshika Misra
Tuesday, November 18, 2008 00:37 IST
Refusing to interfere with the ban imposed by the state government on the film, Deshdrohi, the Bombay High Court on Monday asked the state government to give a hearing to the film’s producer and pass a fresh order by November 20.
The producer and director of the film, Kamaal Khan, had approached HC to challenge the ban imposed by the state government.
The film, in which Khan plays the protagonists, deals with the struggles of a migrant from north India in Mumbai.
Opposing Khan’s plea, assistant government pleader Niranjan Pandit said that the state government was well within its powers to impose a ban under the Bombay Cinema Regulation Act. The act allows the government to ban a film for a period of 60 days.Khan’s lawyer Ashok Sarogi said that the film had been banned without even giving a hearing to the petitioner. HC disposed of the petition after asking the government to give the petitioners a hearing.
The home department said that they would assess the ban on the film within the next three days. RR Patil said, “A high-power committee led by additional chief secretary Chitkala Zutshi viewed the film once again. Further course of action will be decided once the committee submits its report.”
With inputs from Surendra Gangan
http://www.dnaindia.com/report.asp?newsid=1207426

L’Oreal takes MyDollarStore to HC over illegal imports
http://economictimes.indiatimes.com/News/News_By_Industry/Cons_Products/LOreal_takes_MyDollarStore_to_HC_over_illegal_imports/articleshow/3724977.cms
18 Nov 2008, 0000 hrs IST, Kala Vijayraghavan, ET Bureau
MUMBAI: French cosmetics and toiletries giant L’Oreal has hauled discount retailer MyDollarStore to court over issues relating to intellectual
property rights (IPR) and illegal imports, it is learnt. The company has filed a case against MyDollarStore in the Delhi High Court recently, sources said. In recent times, MNCs have been upset over the move by retailers to import top global brands, claiming that this leads to loss of business opportunity, unfair competition and product cannibalisation. However, sources said hectic parleys are on between the two parties and the talks could lead to an out-of-court settlement. L’Oreal officials did not reply to an ET query on the subject. MyDollarStore officials were also unavailable for comment. MyDollarStore is a discount store chain which set up shop in 2004 and now has 47 stores across several cities. Most of the stores are located in malls and near Big Bazaar outlets. The chain plans to scale up presence across most Big Bazaar outlets. The discount store is associated with basement bargains in the US. MyDollarStore formats price products at Rs 99 and above in India, and are perceived as expensive by bargain seekers. While products are priced at $1 (approximately Rs 48.9) at a MyDollarStore outlet in the US, the same products sell at a higher rate in India owing to transportation costs and import tariffs. L’Oreal source said the company was concerned about protecting the properties of its brands, which include quality and consumer perception. “We distribute the brand in a way that ensures a certain value around it. An unplanned distribution creates confusion or leads to an unpleasant consumer experience which may work against our brand,” the source said. L’Oreal India has recorded an attractive growth rate of over 40% plus in the country, and globally it has identified India as one of its top five markets. Sources said the company fiercely guards its right to market and distribute its brands in India. Several MNCs have invoked the Intellectual Property Rights (Imported Goods) Enforcement Rules 2007 Act to stop retailers from importing their foreign brands. Companies like Hindustan Unilever, L’Oreal, Lancome Perfumes, Oakley, Nivea and Mico have already registered several brands under notification No.47/2007 of the IPR Act with the Customs. Recently, Future Capital picked up 28% in Sankalp Retail Value Stores, a franchisee of the US-based discount format MyDollarStore. The format is expected to help scale up profit margins at Big Bazaar and is being set up as a ‘shop-in-shop’ concept. MyDollarStore outlets usually stock limited top brands like Coke and generally sell other lesser-known brands. But lately they have been stocking well-known brands, including that of L’Oreal like Garnier, etc. Big Bazaar & Food Bazaar, Reliance Retail, Spencer’s and MyDollarStore import sizeable consignments of top consumer brands and their variants from markets like Taiwan, Thailand, Gulf and the US. L’Oreal operates in India through its wholly-owned subsidiary L’Oreal India and has four divisions—consumer products, professional products, active cosmetics and luxury products. http://economictimes.indiatimes.com/News/News_By_Industry/Cons_Products/LOreal_takes_MyDollarStore_to_HC_over_illegal_imports/articleshow/3724977.cms

Group moves HC against patent grant to Roche
http://www.livemint.com/2008/11/17235709/Group-moves-HC-against-patent.html
Outcome of this case will have a bearing on the patent infringement suit filed by the Swiss company against Cipla
.H. Unnikrishnan
Mumbai: The Lawyers Collective, a Mumbai-based lawyers body, has moved the Madras high court challenging the Chennai patent office’s decision to grant Swiss drug maker F Hoffman-La Roche Ltd a patent for anti-infection drug valganciclovir without hearing a pre-grant opposition filed by the group in December 2006.
The lawyers body had filed a pre-grant opposition in the case of Valcyte on behalf of the Indian Network of Positive People and the Tamil Network of People with HIV/AIDS.
The drug is widely prescribed for HIV (human immunodeficiency virus) and AIDS (acquired immunodeficiency syndrome) patients, and patent holder Roche sells the drug in India under the brand name Valcyte. Mint had previously reported that Valcyte faces at least five post-grant oppositions, all pending with the Chennai patent office.
The current development follows a recent patent infringement case filed by Roche in the Bombay high court seeking an order to stop local drugmaker Cipla Ltd from selling a generic copy of Valcyte launched in January. A ruling on the group’s case will have a direct impact on the Roche versus Cipla case.
The Lawyers Collective notes that the Chennai patent office granted the patent in June last year. The group had opposed Roche’s application in 2006 on the ground that the drug has no novelty, which disqualifies it for a patent as per the Indian patent law, amended in 2005.
According to US patent office records, valganciclovir was invented by Roche in 1994, and was patented in the US the same year. It was first patented in Switzerland that year.
An official at the Chennai patent office had told Mint in an August interview that the office was not required to hear pre-grant opposition as the granting process was completed before the opposition was registered.
Anand Grover, project director at Lawyers Collective, had previously maintained that valganciclovir is an important drug for HIV patients and that Roche was charging an exorbitant price. Roche charges about $9,900 (Rs4.85 lakh) for a three-month treatment, although it has reduced the price to $1,800 for NGOs and customers in Africa and some other countries.
http://www.livemint.com/2008/11/17235709/Group-moves-HC-against-patent.html

HC courts trouble over axing of trees
Illustration: P K Job
http://www.expressbuzz.com/edition/story.aspx?Title=Greens%20slam%20Kerala%20HC&artid=FE765uYGn64=&SectionID=fyV9T2jIa4A=&MainSectionID=fyV9T2jIa4A=&SectionName=X7s7i%7CxOZ5Y=&SEO=Ram,%20Mohan,%20Palace,%20Kerala,%20High,%20Court,%20Ernakulam
Express News Service
First Published : 17 Nov 2008 02:06:00 AM IST
Last Updated : 17 Nov 2008 04:25:50 PM IST
KOCHI: Greens are seeing red again. The Kerala High Court has invited the wrath of the Greens by indiscriminately felling three huge trees and a portion of the bamboo growth on the premises of the Ram Mohan Palace, a part of the old High Court building, on Sunday.
The Greens allege that the High Court administration did not follow the correct procedure before axing trees on Government land. The area was cleared for constructing the proposed Lawyers Chamber Complex the foundation stone for which was laid by Justice K G Balakrishnan, the Chief Justice of India, on November 8. According to Forest Department sources, the registrar of the High Court had submitted a request to the Assistant Conservative Officer of Social Forestry, Ernakulam, to cut down the bamboo growth saying it was touching the electric lines and, hence, causing threat to safety.
“Since it was a matter of threat to life and property, the department gave permission to axe the bamboo growth.
In the case of trees which were cut down, no application was submitted and no permission was sanctioned,” sources said.
“The Forest Department is unable to take action against this mindless axing of trees as they do not come under the reserve resources. Moreover, they were not planted by the department. However, anyone can lodge a complaint with the police,” sources said. A team from the Forest Department will be visiting the spot on Monday, they said.
The Court’s move to clear Mangalavanam, the only green lung in the city, to facilitate parking area for the High Court complex had invited the wrath of the Greens with ‘Express’ campaigning against the move a few years back. An unauthorised loop water connection to the High Court complex too had kicked up dust.
http://www.expressbuzz.com/edition/story.aspx?Title=Greens%20slam%20Kerala%20HC&artid=FE765uYGn64=&SectionID=fyV9T2jIa4A=&MainSectionID=fyV9T2jIa4A=&SectionName=X7s7i%7CxOZ5Y=&SEO=Ram,%20Mohan,%20Palace,%20Kerala,%20High,%20Court,%20Ernakulam

No judiciary-legislature tussle: CJI
http://www.dnaindia.com/report.asp?newsid=1207081
PTI
Monday, November 17, 2008 00:17 IST
KOCHI: Chief justice of India (CJI) KG Balakrishnan rubbished on Sunday reports of a tussle between the judiciary, executive and legislature and said it was a media creation.
“There is no so-called tussle. It is only the creation of the media,” Balakrishnan said.
“I met prime minister Manmohan Singh and Lok Sabha speaker Somnath Chatterjee recently. There is no tussle,” the CJI said in an interview to a Malyalam TV channel.“The Speaker has criticised the judiciary and when we get the opportunity, we also reply,” he said.
To bring down pendency of cases, each state should seek more courts. Judiciary is not getting whole-hearted support from the state governments concerned for setting up courts, he said.
On corruption in judiciary, the CJI said, “I have never said corruption is not there in judiciary… However, either most complaints against judges are vague or are being given by litigants who have lost cases. We cannot inquire into such allegations… But when special instances are brought to the court’s notice, such as the case against the Kolkata high court judge, action has been initiated.”
On ways to improve the judicial system in the country, Balakrishnan said the quality of the justice system had to be improved.
Efforts are being made to ensure that the media reports court proceedings in a correct and fair manner, he said, adding that a week-long training programme for media personnel will be soon held at Ignou.
Elaborating on the problem of pendency of cases, the CJI said India was the only country where there was such huge pendency of cases.
The supreme court gets about 41,000 cases. In no other country, so many cases are filed, he said, stressing the need for setting up more courts. In the supreme court of Norway only 3,000 cases are filed and under 200 cases come up before the 16 judges, Balakrishnan said.
Meanwhile, at a seminar at Behrampur, Orissa high court chief justice BS Chauhan said, “The courts in India are overburdened in such a way that it will take about 300 years to clear the backlog of cases even if no case is registered from today.”
http://www.dnaindia.com/report.asp?newsid=1207081

Advocates chambers will improve efficiency: CJI http://www.lawyersclubindia.com/news/2008/11/advocates_chambers_will_improve_efficiency_cji.asp
Posted on : 08 November 2008 by Y.Prakash
Chief Justice of India K G Balakrishnan on Saturday said efficiency of the legal system and the bar will improve by providing chambers to advocates in thecourt complex.In his inaugural address at the function to mark the commencement of construction work of the high court advocates chamber complex in Kochi, Justice Balakrishnan said lawyers could utilise their leisure time for preparing their cases in the chambers and this will improve the legal system also.Only in Kerala there were no chambers for advocates, he said.Kerala should also have chambers for advocates, at least in the high court, he said.He said in Delhi, lawyers have sought about 10 acres of land for the construction of chambers and it is pending before the Prime Minister.He said the reputation of Kerala high court was high, he said.Kerala High court Chief Justice H L Dattu delivered the special adderss. Justices J B Koshy, A K Basheer, Advocate General C P Sudhakaraprasad and Kerala High Court advocates assoociation president P Jacob Varghese also spoke.A total of 520 chambers will be constructed for the advocates near the old high court, adjacent to the new high court complex, within 18 months.
http://www.lawyersclubindia.com/news/2008/11/advocates_chambers_will_improve_efficiency_cji.asp

Law college case keeps police busy
http://timesofindia.indiatimes.com/Chennai/Law_college_case_keeps_police_busy/articleshow/3725367.cms
18 Nov 2008, 0350 hrs IST, A Selvaraj, TNN
CHENNAI: More arrests, a surrender, a threat message, a suicide threat drama and a stone-pelting incident- the aftershocks of the November 12 campus violence at the Tamil Nadu Dr Ambedkar Law College kept the city police busy throughout Monday. While two more students were arrested by police, another one surrendered before a magistrate. With this, the total number of law students in judicial custody in connection with the clash rose to 18. “More arrests will be made and the special teams have been given a second list of students involved in the clash,” a senior police officer said. The special teams apprehended Ashok Kumar in Pollachi and Murugesan in Sivagiri near Tirunelveli. Ravivarman of Kallakurichi surrendered before the II metropolitan magistrate in Egmore, stating that he chose to appear in court after learning that he was in the list of wanted students. Meanwhile, Ayyadurai, who suffered injuries in the clash, created a flutter when he claimed that he had received a threat message on his mobile. The message warned him of dire consequences if he ever returned to his village. An investigation officer said the sender was Muthuramalingam of Kayatharu in Tuticorin district, was known to Ayyadurai and had sent the SMS merely to scare him. He was let off with a warning. But there was more drama in store. Later in the day, a third- year law student, James Anand, staged a drama in front of the Government General Hospital, when he doused himself with kerosene and threatened to set himself ablaze demanding strong action against those who had assaulted his friends Arumugam and Ayyadurai in the November 12 violence. He was later let off by the police. Meanwhile, a habeas corpus petition alleging that police harassed the family of one of the accused students, was filed in the Madras high court. The petitioner, J Saravanan, who is the brother of third year law student V J Raja, said the Kudavasal police had been keeping his parents and sister in illegal detention. A division bench comprising justices Elipe Dharma Rao and S Tamilvanan said it would hear the petition as and when it came up for hearing in the normal course. Meanwhile, unidentified men pelted stones at three Metropolitan Transport Corporation buses (route numbers 15 B, 18 A and 38 B) parked at the Broadway Bus Terminus late on Sunday. Windshields of the buses were damaged in this attack. A case has been registered.
http://timesofindia.indiatimes.com/Chennai/Law_college_case_keeps_police_busy/articleshow/3725367.cms

Preventive detention cannot be quashed for non-supply of papers: Supreme Court
http://www.hindu.com/2008/11/17/stories/2008111759601400.htm
J. Venkatesan
Court has to examine whether non-supply of papers will prejudice detenu
But papers just referred to for narration of facts cannot be termed vital documents
NEW DELHI: Non-supply of relevant documents to a detenu cannot be the sole ground for quashing preventive detention, the Supreme Court has held.
There is no legal requirement that a copy of every document mentioned in the preventive detention order be invariably supplied to the detenu. Only those documents relied on by the detaining authority for concluding that preventive detention is necessary shall be supplied to him, said a Bench comprising Justices Arijit Pasayat, P. Sathasivam and Aftab Alam.
Writing the judgment, Justice Pasayat said: “The court has a duty to see whether non-supply of any document is in any way prejudicial to the detenu. While examining whether non-supply of a document would prejudice a detenu the court has to examine whether the detenu would be deprived of making an effective representation in the absence of the document.”
The Bench said: “Primarily, the copies which form the ground for detention are to be supplied and non-supply thereof would cause prejudice to the detenu. But documents which are merely referred to for the purpose of narration of facts in that sense cannot be termed documents without the supply of which the detenu will be prejudiced.”
In the instant case, the Tamil Nadu government passed a preventive detention order, dated August 11, 1999, against Abdullah Kadher Batcha under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act.
He challenged the order before it was executed and made a representation seeking some documents. The Madras High Court held that in the absence of the required documents the detention was rendered illegal and accordingly his habeas corpus petition was allowed. Allowing the State’s appeal against this judgment, the apex court pointed out that the documents sought by the detenu had nothing to do with the order of detention. Further, the documents were read over and an endorsement to that effect was made by the detenu himself.
High Court lost sight of factors
“The High Court has lost sight of the relevant factors and, therefore, the impugned order is clearly unsustainable and is therefore set aside. Considering the nature of the order of detention which is essentially preventive in character, it would be appropriate for the State government and the detaining authority to consider within two months whether there is any need to take the detenu back into detention for serving the period of detention indicated in the order of detention.”
http://www.hindu.com/2008/11/17/stories/2008111759601400.htm

Orissa High Court dismisses plea for change of judge
http://timesofindia.indiatimes.com/India/Orissa_High_Court_dismisses_plea_for_change_of_judge/articleshow/3722710.cms
17 Nov 2008, 1402 hrs IST, IANS
BHUBANESWAR: Orissa High Court on Monday rejected a plea by a Christian body for change of the judge heading the judicial commission appointed by the government to probe communal violence in the state, a lawyer said. The division bench of Orissa High court comprising chief Justice Balbir Singh Chauhan and justice BN Mohapatra dismissed the petition filed by the Utkal Christian Council Nov 7, the council’s lawyer Prasanna Kumar Nanda said. Orissa government appointed SC Mohapatra, a retired judge of the Orissa High Court September 2 to the one-man judicial commission that will probe the killing of a Hindu leader Aug 23 and the communal violence that followed. The council, represented through its secretary Jyotsna Rani Patro, filed a writ application in the Orissa High court describing the appointment of Mohapatra as illegal. The council in its petition had said that ‘Mohapatra, a former Lok Pal (vigilance body member), cannot be appointed to head the commission because he is not eligible as per law. ‘As per section 5 of the Lokpal Act, on ceasing to hold office the Lokpal or Lokayukta shall be ineligible for further employment under the state government,’ the council had said. “The court dismissed the plea. The court said that the commission of inquiry is not a government service so as to come within the purview of the word ’employment’ and upheld the appointment,” Nanda said. Kandhamal district, some 200 km from here, had seen large-scale communal violence, mostly attacks on Christians and their places of worship, after the Aug 23 killing of Vishwa Hindu Parishad (VHP) leader Swami Laxmanananda and four of his aides. Though Maoist rebels claimed responsibility for the killings, some Hindus held Christians responsible for the crime, despite repeated denials by Christian organisations. The communal violence that ensued claimed at least 38 lives and thousands of Christians had to flee to the jungles to escape rampaging mobs. While some have returned to their homes, more than 10,000 are still living in government-run relief camps in Kandhamal.
http://timesofindia.indiatimes.com/India/Orissa_High_Court_dismisses_plea_for_change_of_judge/articleshow/3722710.cms

Change in time of Hon’ble ‘Patna High Court’
http://www.lawyersclubindia.com/news/2008/11/change_in_time_of_hon_ble_patna_high_court_.asp
Posted on : 10 November 2008 by apurva
There is a slight change in the working schedule of Patna High Court as instead of 10.30a.m now the court will sit at 10.15a.m. Similarly the court will rise at 1.15p.m instead of 1’o clock,after lunch it will sit at 2’o clock instead of 2.15p.m.Again finally it will rise at 4.30p.m instead of 4’o clock.With the order of C.J of Patna High Court.Regards;Apurva-KrLawyer High CourtPatna-800001.
http://www.lawyersclubindia.com/news/2008/11/change_in_time_of_hon_ble_patna_high_court_.asp

SC: Madani seeks judicial probe in Malegaon riots and bomb blast
http://www.indlawnews.com/Newsdisplay.aspx?a0b80fda-0351-4661-9f3e-9b372d4071c7
11/17/2008
Jamiat Ulama-I-Hind president Maulana Ashad Madani and two others filed a PIL in the Supreme Court seeking directions to the government to order a judicial inquiry in all cases in Malegaon since the 2001 communal riots.The petitioners have also prayed to the apex court to direct the Maharashtra government to make public the Justice K N Patil committee report and the action taken report from the government.They further prayed for the immediate release of the nine accused arrested for their alleged involvement in August 2006 Malegaon bomb blasts in which over 50 people were killed.The petitioners have also prayed to the apex court to monitor the investigation.The petition filed through counsel for the petitioner, Anis Suhrawardy, urged the Supreme Court to order a judicial inquiry either by a retired Supreme Court Judge or a sitting High Court Judge to book such people or organisations instrumental in destroying the secular fabric of the country and posing a grave threat to the territorial integrity of the nation.They have submitted a list of seven cases alleging that only the Muslim community was being blamed for all terrorist attacks in the country and recent investigation by ATS, Mumbai has exposed a terror network involving Hindu fundamentalists and Army personnel.The petitioners have sought action against those responsible for partial investigation into the terrorist attacks. UNI
http://www.indlawnews.com/Newsdisplay.aspx?a0b80fda-0351-4661-9f3e-9b372d4071c7

SC denies PIL for making political parties file I-T returns
http://www.lawyersclubindia.com/news/2008/11/sc_denies_pil_for_making_political_parties_file_i_t_returns.asp
Posted on : 14 November 2008 by Y.Prakash
The Supreme Court on Friday refused to entertain a petition seeking direction for making it mandatory for political parties to file income tax returns.The apex court expressed its displeasure that the PIL on the issue was filed on the eve of the elections for publicity.”It is a publicity interest litigation on the eve of the elections,” a Bench headed by Chief Justice K G Balakrishnan observed while declining the plea that action should be taken against political parties which are not disclosing their income.”We don’t think this is our duty to do so,” the Bench, also comprising Justice P Sathasivam, said when the counsel for the petitioner repeated the submission that the apex court judgement of 1996 itself speaks that political parties must file income tax return.The PIL filed by an NGO, Association of Democratic Reforms, said that despite the settled law, a majority of the political parties have not complied with the apex court judgement for filing tax returns.Advocate Kamini Jaiswal, appearing for the NGO, said that information gathered through RTI application disclosed that major national political parties have failed to comply with the apex court direction.However, the Bench was not inclined to pass any direction and said it was for the income tax department to look into the issue.”Why should we interfere into it,” the Bench said questioning the NGO for approaching the Supreme Court.”Why have you come to this court for specific direction (against the political parties),” the Bench said and added “if any political party is not filing the returns, it will face the consequences.”The counsel had said it was mandatory for the political parties to maintain their audited accounts. Political parties get donations and any amount above Rs 20,000 has to be accounted, she said.The NGO said this was more important when money power has been playing a dominant role in the political system.However, the court expressed its reluctance to entertain the PIL and said “it is difficult to give direction in such petition”.”So many individuals are not filing returns and the law will take its own course,” the Bench said dismissing the PIL.
http://www.lawyersclubindia.com/news/2008/11/sc_denies_pil_for_making_political_parties_file_i_t_returns.asp

SC seeks govt’s clarification over new creamy layer rules
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080072952
NDTV Correspondent
Monday, November 17, 2008, (Mumbai)
The Centre could be in trouble for not following the Supreme Court’s order to allot vacant OBC seats to general category students.An IIT aspirant has petitioned the court that he has been denied a seat, as the Centre is giving those vacant seats to OBC students, who have benefited from a hike in the creamy layer limit.The court has asked the government to respond to the petition. It has also sought a reply on whether the new creamy layer limit is being implemented retrospectively.The Centre had last month raised the creamy layer criteria to a family income of Rs 4.5 lakhs per year bringing many more OBC students under the quota.http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080072952

SC no to plea seeking national data base of citizens
http://economictimes.indiatimes.com/News/PoliticsNation/SC_no_to_plea_seeking_national_data_base_of_citizens/articleshow/3723881.cms
17 Nov 2008, 1745 hrs IST, PTI
NEW DELHI: The Supreme Court on Monday appreciated a suggestion for creating national data base of citizens for effective implementation of welfare schemes but expressed its reservation over passing any direction to the government. The apex court was of the view that the idea, purportedly aimed at ensuring social and economic security, could be brought to the knowledge of the government. “We are not undermining your claim. You can go to the government. The suggestion is good,” a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam said. The Bench was hearing a PIL by an NGO, Indian Social Security, claiming that the national data base of citizen would help in better governance as it would ensure social and economic security for all. However, the Bench said such a measure could not be undertaken when the population of the country was over 110 crore. Gurbinder Singh,president of the NGO, who was himself arguing, submitted that registration of citizens could be done if the apex court passes some direction. He said the scheme was feasible as the government has been spending huge amount on various types of smart cards. However, the Bench which declined to pass any direction, said “probably it could be started at the birth”.
http://economictimes.indiatimes.com/News/PoliticsNation/SC_no_to_plea_seeking_national_data_base_of_citizens/articleshow/3723881.cms

Jamshedpur court rejects Raj Thackeray’s exemption plea
http://www.ptinews.com/pti/ptisite.nsf/0/55E3751577EFD00D652575040031474E?OpenDocument
Jamshedpur, Nov 17 (PTI) A local court today has rejected a petition of MNS president Raj Thackeray seeking exemption from personal appearance in connection with the non-bailable arrest warrant it had issued on September 30 this year.Thackeray’s counsel R K Singh and Sheta Singh pleaded that Thackeray be allowed to represent through his counsel in the Jamshedpur court as he was granted bail by the additional chief metropolitan magistrate of Mazgaon court on November 15 in Maharashtra.The first class judicial magistrate court, A K Tiwari, rejected the petition on the ground that the petitioner failed to append the certified copy of the Mazgaon court order.The court set December one as the next date for production of the certified copy.The local court had issued NBW after an advocate, Hameed Raza, in June this year filed a complaint accusing Raj Thackeray of hurting religious sentiments of the people of Bihar. PTI
http://www.ptinews.com/pti/ptisite.nsf/0/55E3751577EFD00D652575040031474E?OpenDocument

HC courts trouble over axing of trees
http://www.expressbuzz.com/edition/story.aspx?Title=HC+courts+trouble+over+axing+of+trees&artid=FE765uYGn64=&SectionID=9R67TMeNb/w=&MainSectionID=wIcBMLGbUJI=&SectionName=X7s7i%7CxOZ5Y=&SEO=Ram,+Mohan,+Palace,+Kerala,+High,+Court,+Ernakulam
Express News Service
First Published : 17 Nov 2008 02:06:00 AM IST
Last Updated : 17 Nov 2008 04:25:50 PM IST
KOCHI: Greens are seeing red again. The Kerala High Court has invited the wrath of the Greens by indiscriminately felling three huge trees and a portion of the bamboo growth on the premises of the Ram Mohan Palace, a part of the old High Court building, on Sunday.
The Greens allege that the High Court administration did not follow the correct procedure before axing trees on Government land. The area was cleared for constructing the proposed Lawyers Chamber Complex the foundation stone for which was laid by Justice K G Balakrishnan, the Chief Justice of India, on November 8. According to Forest Department sources, the registrar of the High Court had submitted a request to the Assistant Conservative Officer of Social Forestry, Ernakulam, to cut down the bamboo growth saying it was touching the electric lines and, hence, causing threat to safety.
“Since it was a matter of threat to life and property, the department gave permission to axe the bamboo growth.
In the case of trees which were cut down, no application was submitted and no permission was sanctioned,” sources said.
“The Forest Department is unable to take action against this mindless axing of trees as they do not come under the reserve resources. Moreover, they were not planted by the department. However, anyone can lodge a complaint with the police,” sources said. A team from the Forest Department will be visiting the spot on Monday, they said.
The Court’s move to clear Mangalavanam, the only green lung in the city, to facilitate parking area for the High Court complex had invited the wrath of the Greens with ‘Express’ campaigning against the move a few years back. An unauthorised loop water connection to the High Court complex too had kicked up dust.
http://www.expressbuzz.com/edition/story.aspx?Title=HC+courts+trouble+over+axing+of+trees&artid=FE765uYGn64=&SectionID=9R67TMeNb/w=&MainSectionID=wIcBMLGbUJI=&SectionName=X7s7i%7CxOZ5Y=&SEO=Ram,+Mohan,+Palace,+Kerala,+High,+Court,+Ernakulam

HC : No TDS for payments made by pvt operators towards interconnection
TT Correspondent New Delhi 17 Nov 2008
http://www.telecomtiger.com/PolicyNRegulation_fullstory.aspx?storyid=4698&section=S174
The Delhi Court directed the tax department that no tax deduction at source (TDS) be applied on payments made by the private operators to MTNL and BSNL towards termination charges.
The court ruled out that TDS would have been applicable if the termination charges were part of technical services. The court in its hearing termed the termination charges as not part of any technical services and hence directed the tax department to do away with the TDS.
http://www.telecomtiger.com/PolicyNRegulation_fullstory.aspx?storyid=4698&section=S174

Accused of loan fraud, company moves HC
http://timesofindia.indiatimes.com/Chennai/Accused_of_loan_fraud_company_moves_HC/articleshow/3721109.cms
17 Nov 2008, 0510 hrs IST, TNN
CHENNAI: The State Bank of India (SBI), which insists on procedural formalities to sanction loans to common customers, seems to have allowed itself to be led by its nose by a “technology company”, which managed to milk over Rs 9.3 crore from the bank. According to the CBI, the SBI’s Vivekananda House Branch and the personal banking branch at K K Nagar disbursed about Rs 9.3 crore to one Dhanus Technologies Limited (DTL). The agency has claimed that the DTL promoters fraudulently availed themselves of 327 personal loans in the name of bogus and non-existing persons, claiming that they were employees of DTL. While some of the persons traced by the CBI denied having ever applied for a personal loan, one person, on whose name a personal loan of Rs 4.5 lakh had been sanctioned, was not alive on the date of sanction of loan. Though the SBI claims to have granted loan to V Rajesh on June 21, 2007, investigation revealed that he had expired on May 16, 2007. The CBI claimed that the branch managers concerned had sanctioned the loans dishonestly and without the knowledge of the applicants. Denying the allegations, the DTL has now approached the Madras HC seeking to quash the FIR registered against it, and to restrain the CBI from arresting the promoters of the company. Justice K Mohan Ram, before whom the matter was argued at length, has reserved his orders. timeschennai@timesgroup.com
http://timesofindia.indiatimes.com/Chennai/Accused_of_loan_fraud_company_moves_HC/articleshow/3721109.cms

HC permits resident to repair road
http://timesofindia.indiatimes.com/Chennai/HC_permits_resident_to_repair_road/articleshow/3721056.cms
17 Nov 2008, 0506 hrs IST, TNN
CHENNAI: This order of the Madras high court is unique in more than one sense. First, it permitted a private land owner to repair a public road using his own money. Second, it asked the police to extend protection to the land owner. Syed Junaid Ahamed and his brother owned more than 60 acres in Ponneri Taluk in Tiruvallur district. This land, along with many other properties on the southern side of Kosathalai River in Manali New Town, could be accessed only through the 150-feet Outer Ring Road and the 80-feet public road in the Manali New Town layout. However, owing to indifference on the part of the Chennai Metropolitan Development Authority (CMDA), which had developed Manali New Town, the properties remained cut off from the rest of the residential and industrial localities in the region. In 2005, the petitioner obtained permission from the CMDA to construct a culvert across the river. However, the road could not be used by these landowners due to the its poor condition. When the petitioner attempted to repair the road with his own resources, anti-social elements in the locality demanded money from him. After his repeated complaints to police and representations to the CMDA fell on deaf ears, Syed Junaid Ahamed filed the present writ petition. He wanted the court to either direct the CMDA to repair the stretch of road, or permit him to repair it. He also wanted the court to order police protection for him to carry out the repair works. The first bench comprising chief justice A K Ganguly and justice P Jyothimani last week permitted the petitioner to repair the road, and to approach the Manali New Town police for protection.
http://timesofindia.indiatimes.com/Chennai/HC_permits_resident_to_repair_road/articleshow/3721056.cms

Conduct detainee’s checkup: HC to police
http://www.greaterkashmir.com/full_story.asp?Date=17_11_2008&ItemID=25&cat=21
GK NEWS NETWORK
Srinagar: The High Court has issued directions to the SHO Shaheed Gunj to take a detainee Nisar Hussain Rather to Sher-I-Kashmir Institute of Medical Sciences (SKIMS) Soura for medical check up. The Court has issued the directions on the plea of council that the detainee Nisar Hussain Rather is suffering from various aliments. The Court directed the SHO to submit the report to the Court on the next date of hearing. The Court also issued the directions to produce the detainee in person on next hearing.
http://www.greaterkashmir.com/full_story.asp?Date=17_11_2008&ItemID=25&cat=21

Lahore HC mulls ban on Dostana’s screening in Pak
http://ibnlive.in.com/news/lahore-hc-mulls-ban-on-dostanas-screening-in-pak/78287-8.html
ibnlive.com
Published on Sun, Nov 16, 2008 at 22:25
New Delhi: The Lahore High Court has issued notices to the Chairman of the Film Censor Board of Pakistan to justify the screening of the Bollywood movie Dostana in Pakistan. The petitioner says that the movie has highly objectionable gay content.
Abhishek Bachchan, John Abraham and Priyanka Chopra starrer movie Dostana is about two men, played by Abhishek and John, pretending to be gay to rent a flat. The movie is produced by Karan Johar and directed by Tarun Mansukhani.
As homosexuality is illegal in Pakistan and is punishable by whipping, imprisonment or even death, the court has issued the notice to the sensor board to justify the screening of the film in the country. The court thinks that the movie will propagate homosexuality in Pakistan.
http://ibnlive.in.com/news/lahore-hc-mulls-ban-on-dostanas-screening-in-pak/78287-8.html

Elephant deaths: HC seeks report by Dec 9
http://www.dnaindia.com/report.asp?newsid=1206902
DNA News
Sunday, November 16, 2008 18:06 IST
BANGALORE: The High Court of Karnataka on Friday directed the state and Central governments to submit by December 9, 2008 a comprehensive report on the spate of elephant deaths in the Nagarahole-Bandipur belt, especially the alleged killing of four pachyderms in Nanjangud taluk of Chamarajanagar district on November 5 last.
Hearing a suo motu public interest litigation, a division bench comprising Chief Justice P D Dinakran and Justice V G Sabahit said: “It is most unfortunate and inhuman. We should be ashamed of ourselves. We are the most cruel animals.”
Nine elephants have died in a span of seven days and the number is 25 for the last six months but the authorities are still clueless over the reason for the deaths.
A government advocate said, “According to preliminary inquiries the elephants died after consuming poison. Farmers use cyanide to deter elephants from entering their fields and eating the standing crops. The cyanide is mixed into ragi balls which kill the pachyderms when they consume it.”
The court wondered how the farmers procured cyanide.
Advocate-General Uday Holla submitted, “The investigation is going on. Give me four weeks’ time to file a detailed report.”
Later Principal Chief Conservator of Forests P J Dilip Kumar told DNA that a team of experts would soon be sent to Nanjangud taluk to identify the culprits and find out how the elephants were killed. A tentative list of the experts is being sent to the government for approval, he added.
“As we are unable to handle the case due to shortage of staff and skills, we are also requesting the government to hand over the case to the Corps of Detectives. The post-mortem report on the four pachyderms will soon be submitted to the government. An expert technical team will also be constituted to deal with such situations,” he added.
“We are also requesting the government to deploy trained officers to vulnerable areas like Mysore, Bandipur, Nagarhole and borders with neighboring states,” he added.
Besides, measures like strengthening the elephant proof trenches, solar fencing and electric fencing will be implemented, he added.
http://www.dnaindia.com/report.asp?newsid=1206902

HC courts trouble over axing of trees
http://www.expressbuzz.com/edition/story.aspx?Title=HC%20courts%20trouble&artid=FE765uYGn64=&SectionID=fyV9T2jIa4A=&MainSectionID=fyV9T2jIa4A=&SectionName=X7s7i%7CxOZ5Y=&SEO=Ram,%20Mohan,%20Palace,%20Kerala,%20High,%20Court,%20Ernakulam
Express News Service
First Published : 17 Nov 2008 02:06:00 AM IST
Last Updated : 17 Nov 2008 04:25:50 PM IST
KOCHI: Greens are seeing red again. The Kerala High Court has invited the wrath of the Greens by indiscriminately felling three huge trees and a portion of the bamboo growth on the premises of the Ram Mohan Palace, a part of the old High Court building, on Sunday.
The Greens allege that the High Court administration did not follow the correct procedure before axing trees on Government land. The area was cleared for constructing the proposed Lawyers Chamber Complex the foundation stone for which was laid by Justice K G Balakrishnan, the Chief Justice of India, on November 8. According to Forest Department sources, the registrar of the High Court had submitted a request to the Assistant Conservative Officer of Social Forestry, Ernakulam, to cut down the bamboo growth saying it was touching the electric lines and, hence, causing threat to safety.
“Since it was a matter of threat to life and property, the department gave permission to axe the bamboo growth.
In the case of trees which were cut down, no application was submitted and no permission was sanctioned,” sources said.
“The Forest Department is unable to take action against this mindless axing of trees as they do not come under the reserve resources. Moreover, they were not planted by the department. However, anyone can lodge a complaint with the police,” sources said. A team from the Forest Department will be visiting the spot on Monday, they said.
The Court’s move to clear Mangalavanam, the only green lung in the city, to facilitate parking area for the High Court complex had invited the wrath of the Greens with ‘Express’ campaigning against the move a few years back. An unauthorised loop water connection to the High Court complex too had kicked up dust.
http://www.expressbuzz.com/edition/story.aspx?Title=HC%20courts%20trouble&artid=FE765uYGn64=&SectionID=fyV9T2jIa4A=&MainSectionID=fyV9T2jIa4A=&SectionName=X7s7i%7CxOZ5Y=&SEO=Ram,%20Mohan,%20Palace,%20Kerala,%20High,%20Court,%20Ernakulam

No tussle between judiciary, executive, legislature: CJI
http://www.ptinews.com/pti/ptisite.nsf/0/5551254048E79EE365257503002AA512?OpenDocument
Kochi, Nov 16 (PTI) Chief Justice of India K G Balakrishnan today rubbishes reports of tussle between judiciary, executive and legislature and said it to be a media creation.”There is no so called tussle. It is only the creation of the media,” Balakrishnan said rubbishing reports in this regard.”I met Prime Minister Manmohan Singh and Lok Sabha Speaker Somnath Chatterjee recently. There is no tussle,” the CJI said in an interview to Malyalam television channel ‘Asianet News’.”The Speaker has criticised the judiciary and when we get opportunity, we also reply back,” he said.To bring down pendency of cases, each state should ask for more courts. Judiciary is not getting whole-hearted support from the concerned state governments for setting up courts, he said.On corruption in judiciary, the CJI said, “I have never said corruption is not there in judiciary… However, either most of the complaints against judges are vague or are being given by litigants who have lost cases. We cannot inquire into such allegations… But when special instances are brought to the court’s notice like the case against Kolkata High Court judge, action has been initiated.” On ways to improve the judicial system in the country, Balakrishnan said the quality of justice system has to be improved.Efforts are being made to ensure that media reported court proceedings in a correct and fair manner, he said, adding that a week long training for media personnel will be held at IGNOU to improve their quality.Elaborating on the problem of pendency of cases, the CJI said, India is the only country where there is such huge pendency of cases. PTI
http://www.ptinews.com/pti/ptisite.nsf/0/5551254048E79EE365257503002AA512?OpenDocument

Poor delivery of justice in trafficking cases
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080072799&ch=11/16/2008%2012:19:00%20PM
Mohuya Chaudhuri
Sunday, November 16, 2008, (New Delhi)
They uphold the law, but of late judges and lawyers have come under fire for a number of issues, from corruption to poor conviction in cases related to women and children. On Saturday, at a high level meeting led by the Chief Justice of India 200 judges and lawyers discussed ways to improve the delivery of justice in cases relating to trafficking. (Watch)Trafficking of children and women began to grab headlines only in the last few years after its tentacles began to reveal themselves across the country. Admitting the fact, the Chief Justice of India said that millions of women and children are being traded like commodities.”Trafficking has been confined to some of the states. I don’t want to mention the name of the state. We are thinking of being proud of globalization even when the economic recession is there in other countries. India is safe is what we say. But all theses statistics about human trafficking are astounding. Nobody can feel proud of India if these figures are really correct and true,” said K G Balakrishnan, Chief Justice of India.Only a handful of those who are trafficked actually get justice. Those who sell them or abuse them usually go scot-free. One can cite the example of domestic help Lokhi who was repeatedly tortured by her employers in Gurgaon. At 14 years of age, she is a minor who was illegally employed. Today, Lokhi is in a government shelter, badly bruised and facing an uncertain future. But her employers who had beaten her mercilessly are free on bail. Judges say, courts need to understand the special demands of trafficking cases to improve convictions.”Lawyers are also humans. We need to sensitise lawyers about these cases,” said Sirpurkar, judge, Supreme Court.Simply implementing laws will not bring justice to those who are trafficked. The courts must interpret them compassionately so that traffickers and abusers don’t go unpunished
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080072799&ch=11/16/2008%2012:19:00%20PM

Land acquisition case: SC raps state, Cidco
http://www.dnaindia.com/report.asp?newsid=1207025
Rakesh Bhatnagar
Sunday, November 16, 2008 23:10 IST
The Supreme Court on Friday passed severe strictures against the Maharashtra government and its agencies, like the City and Industrial Development Corporation (Cidco), as it quashed the acquisition notifications for vast land that the government had passed for the New Bombay Project in Raigad 37 years ago.
The court was puzzled at the prolonged delay after which Dosu Aardeshir Bhiwandiwala laid claim to huge plot of land as a trustee of the Sir Khan Bahadur Hormasji Bhiwandiwala Trust.
Bhiwandiwala did not have requisite documents justifying the claim, yet the Bombay High Court (HC) admitted his writ petition and, on the oral submission made by the state’s counsel, granted him the relief. Neither CIDCO nor the government filed any affidavit to counter Bhiwandiwala’s claim on the land. But a response filed before the apex court challenged every contention made by Bhiwandiwala.
Returning the matter to the HC for fresh consideration, a bench of Justices SH Kapadia and B Sudershan Reddy also criticised the HC for giving the go-by to the principles of dispensation of writ petitions relating to public policy.
“We are constrained to confess the case has left us perplexed,” the court observed, while terming the stance taken by the state government and the Raigad district collector as “stranger than fiction”. “It is difficult to discern as to why they remained silent spectators without effectively participating in the proceedings before the Court,” the bench added.
Judges said it was the “constitutional obligation” and duty of the state to place “true and relevant facts by filing proper affidavits enabling the court to discharge its constitutional duties”.
http://www.dnaindia.com/report.asp?newsid=1207025

Schools not funded by govt are not subject to RTI Act: Centre
http://www.hindu.com/thehindu/holnus/001200811161540.htm
New Delhi (PTI): Educational institutions not funded by governments do not come within the ambit of the Right to Information Act, the Centre has told the Delhi High Court.
The Centre made the submission while challenging a CIC order directing a school run by Air Force to provide information under RTI application.
Advocate Sanjeev Kumar Dubey, appearing for the Centre, contended that institutions which are not provided government fund could not be directed to reveal information under RTI Act.
“Air Force schools are non-public fund ventures and are administered and managed by a Society. These schools cannot be termed as public authority under the RTI Act,” Dubey said while challenging the Centre Information Commission’s order.
Justice G S Sistani, after hearing the contentions of the government, stayed Commission’s order and directed the CIC to file its response on Centre’s plea.
The Commission had held that Army Schools are public authority as it is headed by a serving officer from the forces.
“Even if we were to concede that the school is a private body, by dint of its head being a service officer and serving as head in that capacity the officer has the authority to access the information regarding the school and is therefore required to service RTI application,” the commission had said.
http://www.hindu.com/thehindu/holnus/001200811161540.htm

High Court stays suspension of CIC
http://www.expressindia.com/latest-news/high-court-stays-suspension-of-cic/386373/
Express News Service
Posted: Nov 16, 2008 at 0217 hrs ISTLucknow, November 15 The Lucknow Bench of the Allahabad High Court has stayed the suspension of Chief Information Commissioner (CIC) MA Khan.
The order has come as an embarrassment to the Mayawati government and the Uttar Pradesh Governor, who on July 9, had not only suspended Khan but also restricted his entry into the CIC office with immediate effect.
A retired justice, Khan will now resume his duties from Monday. The UP Governor, TV Rajeswar, exercising his powers under Section 17 (1) and Section 17 (2) of the Right to Information (RTI) Act, had suspended the CIC on July 9.
The suspension order came after the government complained of Khan committing administrative and financial irregularities besides misusing his powers. The Governor had forwarded the case reference to the Supreme Court. Khan had filed a writ
petition at the Lucknow Bench of the Allahabad High Court challenging his suspension order. Representing Khan before a Bench comprising Justice Pradeep Kant and Justice Abhinav Upadhyay on July 31, former advocate general SMA Kazmi had challenged the constitutional vailidity of the RTI sections used by the Governor.
On Saturday again, arguing on Khan’s case, Kazmi referring to Section 17 (1) of the RTI Act, said the suspension order was passed on July 9 whereas the Supreme Court received the reference on July 10. “The reference claimed that an inquiry was pending against Khan whereas at that time no inquiry was pending against my client,” said Kazmi.
“How could the suspension precede the reference whereas legally any action should have followed the reference,” Kazmi argued.
Kazmi also questioned Section 17 (2) of the RTI Act, which he argued, has given unbridled powers to the Governor, and which, he said, can be used “unscrupulously or under any misguided motivation”.
On behalf of the state government, Additional Advocate General Jaideep Narain Mathur, however, strongly opposed the argument.
While raising preliminary objections on the petition, Mathur had said under Article 361 of the Constitution, any action, decision or order passed by the Governor cannot be questioned in any court.
Hearing the arguments of both the parties, the Bench comprising Justice Pradeep Kant and Justice Ved Pal, stayed the suspension of Khan and asked the state government to file its reply in due time. Khan, meanwhile, said, “Justice is done and the order underlines that no one is above law.”
http://www.expressindia.com/latest-news/high-court-stays-suspension-of-cic/386373/

No tussle between judiciary, executive, legislature: CJI
http://www.timesnow.tv/NewsDtls.aspx?NewsID=21064
11/16/2008 2:25:44 PM
Chief Justice of India KG Balakrishnan today rubbishes reports of tussle between judiciary, executive and legislature and said it to be a media creation.”There is no so called tussle. It is only the creation of the media,” Balakrishnan said rubbishing reports in this regard.”I met Prime Minister Manmohan Singh and Lok Sabha Speaker Somnath Chatterjee recently. There is no tussle,” the CJI said in an interview to Malyalam television channel ‘Asianet News’.”The Speaker has criticised the judiciary and when we get opportunity, we also reply back,” he said.To bring down pendency of cases, each state should ask for more courts. Judiciary is not getting whole-hearted support from the concerned state governments for setting up courts, he said.On corruption in judiciary, the CJI said, “I have never said corruption is not there in judiciary… However, either most of the complaints against judges are vague or are being given by litigants who have lost cases. We cannot inquire into such allegations… But when special instances are brought to the court’s notice like the case against Kolkata High Court judge, action has been initiated.”On ways to improve the judicial system in the country, Balakrishnan said the quality of justice system has to be improved. Efforts are being made to ensure that media reported court proceedings in a correct and fair manner, he said, adding that a week long training for media personnel will be held at IGNOU to improve their quality.Elaborating on the problem of pendency of cases, the CJI said, India is the only country where there is such huge pendency of cases. The Supreme Court gets about 41,000 cases. In no other country, so many cases are being filed, he said stressing the need for setting up more courts. In Delhi, the Dwarka court complex is like a Western court having lawyers chambers and very modern chambers for judges. They have lots of facilities. Other states should follow this pattern.On increasing number of PILs, he said in all the high courts the public interest litigations come up before the Chief Justice’s court. In some courts they are handled strictly, in some others they are not.Asked if the courts are turning their back on environmental issues, he said, it is a wrong notion. “When a new project comes up, some complaints (PIL) will follow. The court through its ‘third eye’ see the motive behind the PIL.So there is a general belief that the courts are turning their back.””Nature and development should go hand in hand. If for every project, we say it will harm the environment, then there will be no development,” he said.On land acquisition by government for development projects, he said a scientific study should be done first before land acquisition proceedings are launched. A family is completely shattered when their land is acquired and dwelling demolished. The companies should tell how many would get employment and a systematic study should be done before land acquisition, he said. The acquisition should be implemented in a more humane manner.Asked if he is being bogged down by heavy workload, he said, “never thought there would be so much workload. There are daily sittings in the Supreme Court, administration work is there, seminars have to be attended, visiting various courts etc. Lot of time is being spent. We have to meet people. I feel it is a heavy job…,” he said. PTI
http://www.timesnow.tv/NewsDtls.aspx?NewsID=21064

Soli Sorabjee for justice with mercy
http://www.hindu.com/2008/11/16/stories/2008111656551000.htm

“The vital need is to evolve a jurisprudence of compassion”
Kochi: The former Attorney General of India Soli J. Sorabjee on Saturday said that justice should be tempered with mercy.
Delivering the fourth law lecture on “Human Rights Jurisprudence of the Supreme Court of India” organised by the V.R. Krishna Iyer National Foundation for Law and Social Justice, he said: “In our country where millions live in poverty whilst a few roll in their boundless wealth and flaunt it at weddings and other functions, the vital need is to evolve a jurisprudence of compassion.”
He said compassion should not be mistaken for pity. “Pity has a certain element of condescension. Compassion is that whereby we make others’ misery our own and which moves us to the relief of those who are in distress.”
He said that orders of the Supreme Court regarding custodial violence and awarding monetary compensation to victims of illegal detention were noteworthy. It was a fact that in India torture was rampant in police stations. The compensation was in addition to the remedy in private law for damages. The main anxiety of the court was to ensure prompt redress by payment of compensation to the victim or his family. The underlying rationale was that there must be a meaningful remedy for violation fundamental rights.
He said that it was true that public interest litigation (PIL) had “degenerated into publicity interest litigation, private interest litigation and political interest litigation — the three perils of PIL.” At times it had become an instrument of blackmail and oppression. It was forgotten that every matter of public interest like increase in the prices of onion or railway fares could not be the basis of a PIL.
“PIL is not a pill for every ill,” he said.
“However, abuse of PIL is no ground for its abolition or placing unreasonable fetters on it. All judicial activism in PIL has greatly contributed to the protection and promotion of human rights, particularly social economic rights,” he added.
The directions issued by the court in respect of so-called care homes and asylum and with respect to young children working in dangerous occupations detrimental to their health clearly reflect a compassionate approach.
The former Supreme Court Judge K.T. Thomas presided.
http://www.hindu.com/2008/11/16/stories/2008111656551000.htm

Sorabjee stresses need for jurisprudence of compassion
http://www.dnaindia.com/report.asp?newsid=1206786
PTI
Saturday, November 15, 2008 22:24 IST
KOCHI: Former Attorney General for India, Soli J Sorabjee on Saturday stressed the need to evolve a ‘jurisprudence of compassion’, which make the real beneficiaries to enjoy the fundamental rights of the Constitution. In India, where millions live in poverty and a few flaunt their wealth in weddings and other functions, the vital need is to evolve a jurisprudence of compassion, Sorabjee said delivering the fifth law lecture on ‘Human Rights, Jurisprudence of the Supreme Court of India’, on the occasion of the 94th birthday of justice V R Krishna Iyer. “Justice should be administered not only with mercy, but with compassion,” he said. Do not mistake it with compassion with pity, which has a certain element of condescension, he said. “In a pluralist society like ours, the rights of the minorities and unpopular persons would potentially be at grave risk if their exercise were to be determined through a popular majoritarian vote and not by solicitious judicial protection.” On the three ‘perils’ of the Public Interest Litigations (PIL)s, he said they have been “abused” in some cases and degenerated into publicity interst litigation, private interest litigation and political interest litigations. At times it has become an instrument of blackmail and oppression. Courts have deprecated the misuse of PIL and imposed heavy costs in such cases. It is forgotten that every matter of public interest cannot be the basis of PIL, which is ‘not a pill for all ills’.
Sorabjee said the judicial pendulum in PIL had swung ‘erratically’ during certain occasions.
Some orders and directions which had been passed were beyond the judicial sphere and do more “credit to the heart than to the head.”
“It is doubtful whether the judiciary can direct the administration to construct roads, erect buildings, secure lands in a particular locality for accomodating certain persons or industries and appoint managers at a remuneration fixed by the court. Such orders have serious fiscal and budgetary implications and are more in the realm of legislature and the executive,” he said.
Sorabjee also lauded the judgements of justice Iyer in improving the conditions of prisoners in jails.
http://www.dnaindia.com/report.asp?newsid=1206786

Saturday, November 15, 2008
PIL jurisprudence: Change in Supreme Court’s approach
http://lawandotherthings.blogspot.com/2008/11/pil-jurisprudence-change-in-supreme.html
If an instance is required to illustrate the shift in Supreme Court’s PIL jurisprudence between 1990s and now, it is this. The petitioner, the Association for Democratic Reforms, wanted to ensure proper compliance with the Court’s own direction to political parties to file income tax returns in 1996. But the Court declined to interfere, calling the petition ill-timed because of the ensuing assembly elections. Surely, the petitioner’s prayer could have been addressed without restricting the parties’ ongoing election campaign.
Posted by V.Venkatesan at 10:10 PM
http://lawandotherthings.blogspot.com/2008/11/pil-jurisprudence-change-in-supreme.html

Detailed reasons in judgement is a must: SC to High Courts http://www.zeenews.com/nation/2008-11-17/483974news.html
New Delhi, Nov 16: The Supreme Court has held that High Courts cannot pass any judgement without giving detailed reasons and discussion about merits of a case. “Out of the 14 pages of the judgement as appearing in the paper book except the ‘quoted above’ there is no discussion about the merits of the case. This certainly is not an appropriate way to deal with a criminal appeal,” a bench of Justices Arijit Pasayat and Mukundakam Sharma observed. The bench passed the observation while upholding an appeal filed by S Raghu Ramaiah, a state government employee, challenging the dismissal of his appeal by the Andhra Pradesh High Court in a corruption case. In the said the judgement, the High Court made only a single observation, “After carefully going through the evidence placed by the prosecution and the judgement of the court below. I find no ground to interfere with the conviction and sentence imposed by the court below.” The High Court had passed the terse observation in the judgement without specifying any detailed reasons, on account of which Ramaiah filed the SLP in the apex court. Upholding the employee’s plea, the apex court remitted the matter to the High Court for fresh consideration. Bureau Report
http://www.zeenews.com/nation/2008-11-17/483974news.html

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