DAILY LEGAL NEWS 20.02.2010

SC: Do not renew lease of 157 mines in Aravallis

http://timesofindia.indiatimes.com/india/SC-Do-not-renew-lease-of-157-mines-in-Aravallis/articleshow/5595198.cms

Anindo Dey, TNN, Feb 20, 2010, 04.46am IST

JAIPUR: In an order aimed at stopping further devastation of the Aravallis, the Supreme Court on Friday ordered closure of about 157 mines in the Aravallis whose lease had expired on December 16, 2002.

The court was hearing a PIL filed by the Bandua Mukti Morcha against the state of Rajasthan for illegal mining in the Aravalli hills.

According to the Binu Tanta, the advocate on record for the Bandua Mukti Morcha, “The court order would affect about 157 mines in the state. The leases of these mines had expired on December 16, 2002, and were to be renewed. However, now the court has ordered that none of these leases should be renewed.”

The court order will immediately affect about 34 mines whose renewal process was almost complete.

“Moreover, the state of Rajasthan has been giving affidavits saying that these mines were legal and that these mines are not in the Aravallis. So the court order is a blow to the state government,” added Tanta.

The court has granted the state four months’ time to complete its proposed satellite imagery of the entire 15,000 km of the Aravalli range spanning 15 districts and present the status to it.

“The survey is to be conducted by the Forest Survey of India, the Rajasthan government in consultation and coordination with the Central Empowered Committee on the Aravallis. The court specifically mentioned that money will not be a problem and has asked the state to take Rs 5 crore from the Compensatory Afforestation Fund Management and Planning Authority (CAMPA) for the same,” a source said.

The CAMPA fund consist of money collected as penalty from various states in the country for diversion of forest land for non-forest use. This fund amounting to a total of Rs 11,000 crore, after a SC, has been released to all states for their use.

SC allows paramilitary forces to stay at Osmania University campus

http://www.hindustantimes.com/hyderabad/SC-allows-forces-to-stay-at-Osmania-Univ/510841/H1-Article1-510506.aspx

Press Trust Of India

New Delhi, February 19, 2010

First Published: 14:10 IST(19/2/2010)

Last Updated: 17:42 IST(19/2/2010)

The Supreme Court today stayed till February 23 the Andhra Pradesh High Court order directing withdrawal of Central paramilitary forces from Osmania University campus, the hotbed of the volatile Telangana agitation.

A bench of Justices GS Singhvi and T S Thakur, however, directed the state Home Secretary to ensure that the
paramilitary forces are not allowed to misbehave in any manner with the students at the campus.

The apex court said the paramilitary forces shall operate strictly under the personal supervision of the Home
Secretary.

The apex court passed the order on an appeal filed by the Andhra Pradesh government, challenging the High Court’s
direction to withdraw the paramilitary forces from the campus.

The AP government has also alleged that they strongly suspect that Maoists have infiltrated the movement and perhaps
are inside the campus among the students.

However, this allegation was rebutted by Counsel Prashant Bhushan, appearing for the students.

Andhra Pradesh government had on Thursday approached the apex court against the direction of the High Court asking it
to move out paramilitary forces from the University campus.

The state government had assailed the February 16 order, saying the High Court cannot order the removal of
paramilitary forces from the campus which is a hotbed of the agitation for a separate Telangana state.

A division bench of the High Court had on February 16 upheld the directions of a single judge to move out special forces from Osmania University campus.

The division bench had also said that the police should interfere with the administration of the university
only on a specific request from the university authorities.

The bench had observed that the single judge was right in his analysis that the Rapid Action Force was deployed in
the university campus without any study of the situation.

Banks can’t prosecute if collateral cheque bounces: Bombay HC

http://timesofindia.indiatimes.com/india/Banks-cant-prosecute-if-collateral-cheque-bounces-Bombay-HC/articleshow/5594611.cms

Shibu Thomas, TNN, Feb 20, 2010, 01.32am IST

MUMBAI: Bombay HC has ruled banks cannot prosecute borrowers under the stringent anti-cheque bouncing laws if blank post-dated cheques issued by them as collateral security are dishonoured.

‘‘It is doubtful if the provisions of Section 138 of the Negotiable Instruments Act can apply to a case in which a blank or post-dated cheque is obtained by a bank or money lender before or while sanctioning or disbursing loan amounts as security for the loan,’’ said Justice P R Borkar. The order is likely to come as a huge setback to lending agencies who ask borrowers to deposit blank post-dated cheques as security. ‘‘Law-makers must not have intended or imagined that money lenders or banks would obtain blank or post-dated cheques while sanctioning/disbursing loans as securities and would use them to make debtors/borrowers repay the loan under threat of prosecution and punishment (under the cheque-bouncing law),’’ added the judge.

The court upheld the acquittal of Ahmednagar resident Rajendra Warma, who was prosecuted after a blank cheque issued by him for a loan was dishonoured. Ramkrishna Urban Cooperative Credit Society (RUCCS) had given a loan of Rs 2 lakh to Warma in 2000. Warma had issued 10 blank post-dated cheques at that time as security. One of these cheques, dated January 2008, bounced, following which RUCCS lodged a criminal complaint against Warma.

The magistrate’s court held that Warma was not guilty under the Negotiable Instruments Act and acquitted him. It also held that while Warma had receipts to prove that he had repaid the entire loan amount in 2005, the bank failed to produce records after 2003.

Save my child: Girl tells HC

http://timesofindia.indiatimes.com/city/chandigarh/Save-my-child-Girl-tells-HC/articleshow/5595185.cms

Ajay Sura, TNN, Feb 20, 2010, 04.34am IST

CHANDIGARH: Desperate to save her life and that of her unborn child, a 20-year-old mother-to-be made an unusual request to the Punjab and Haryana High Court on Friday, after her plea for protection was turned down. Allow me and my foetus an “honourable” death, she told the chief justice, adding that both faced a brutal killing at the hands of her entire village.

Her desperate plea prompted the court to provide her security immediately. The court had earlier refused her security as her “husband” was a minor.

In her appeal for permission to end her life “honourably”, Reena, a resident of Hisar district, told chief justice Mukul Mudgal that she would be butchered by her family and other villagers the moment she left the court premises. Reena had married a distant relative against the wishes of her parents.

Hearing her pleas, Mudgal directed the state government counsel to ensure the life and liberty of the girl and her unborn child. A letter from the Haryana advocate general office was immediately sent to the DGP, SPs of Panchkula and Jind informing them about the case and HC directions.

In her petition, Reena had made her father and entire village party, alleging that she along with her husband would be eliminated brutally by them.

Reena, who is seven months pregnant, was a resident of Kharak Punia village, Hisar, while her husband Anil Kumar, 19, is a resident of Dohana Khera in Jind district. The duo had eloped, since they knew their relationship would not be accepted by their families, and married at a temple in Nagpur, Maharastra. However, they were traced by Reena’s family and had to leave Nagpur. They were pursued relentlessly by their kin and approached the HC on the advice of some friends.

On Friday, while Reena’s relatives opted to wait for her outside the court complex in six-seven vehicles, around 30 to 40 people were seen trailing the couple inside the complex. Reena’s counsel Jasbir Mor said that her family had got a case registered a case against Anil and seven others for luring her into a marriage.

Delhi HC given provisional permission to US based CFA institute to conduct exams in India

http://www.taxguru.in/chartered-accountant/delhi-hc-given-provisional-permission-to-us-based-cfa-institute-to-conduct-exams-in-india.html

Feb 20, 2010 Chartered Accountant

The Delhi High Court has given ‘provisional permission’ to the US-based Chartered Financial Analyst (CFA) Institute to register candidates for its exam slated to be held in India this June.

“There was a change in the bench hearing our matter at the high court. The court had indicated that if the verdict comes before the June 2010 exams and if it’s not in our favour, we might have to cancel the examination,” explained Ashvin Vibhakar, Managing Director of Asia Pacific Operations, CFA Institute.

In December 2007, the Delhi HC had dismissed the CFA Institute’s petition against the All India Council for Technical Education (AICTE), stating that the former should seek the latter’s approval to operate in India. Following this, the CFA Institute decided to approach AICTE in January 2008 to do so. Simultaneously, it appealed to a division bench of the HC against the order.

In the event of a cancellation, CFA Institute has notified the candidates registered for an India test centre; the institute would either refund fees or suggest a test centre outside India.

However, adding: “We urge any candidates considering an India test centre to be aware of the risks, and to carefully consider the uncertainty of the situation. All test centres have limited seats, and test centre change requests are granted on a first-come, first-served basis. This means that if a candidate requests a test center change, the requested test centre may not be available if it is already at capacity,” the institute had told candidates in a note on its website.

The institute has already reached capacity at its test centre in Kathmandu, Nepal, for the June 2010 exam. Around 14,500 students applied for the 2009 CFA exam registrations (including the December 2008 and June 2009 exams). The number of registrations for the year 2010 CFA exam (including the December 2009 & June 2010 exams) would be finalised after March 17, 2010, the deadline.

HC : Malpractice warrants stern action

http://asianetindia.wordpress.com/2010/02/19/hc-malpractice-warrants-stern-action/

February 19, 2010 at 5:26 pm · Filed under News

The Kerala High Court on Thursday said that misadministration, breach of office, willful misconduct and deliberate inaction resulting in loss to the government or preventing recovery of amounts will generate situations warranting action.
The court said this while considering a petition filed by D Vineesh regarding the dispute on a land, which he acquired through auction conducted by the Revenue Department.
Justice Thottathil B Radhakrishnan made it clear that it does not mean that there would be blanket action.

Karnataka HC: Bribes not expenditure

http://timesofindia.indiatimes.com/city/bangalore/Karnataka-HC-Bribes-not-expenditure/articleshow/5594994.cms

TNN, Feb 20, 2010, 03.06am IST

BANGALORE: If you want to pay hafta to rowdies or bribe the police to maintain law and order, do it from your personal account; don’t bill the amount to your company.

The Karnataka High Court on Friday ruled that illegal payments made to police and rowdies to maintain peace and order on a business premises are not allowable as expenditure under Section 37 of the Income Tax Act. The court’s ruling comes in the wake of business establishments and companies paying protection money and showing it as an expenditure and even claiming tax deduction.

Setting aside an order of the Income Tax Appellate Tribunal, the court said only payments made towards security are allowable as expenditure and for tax exemption.

M N Swaminathan (now deceased), who owned Vinayaka Tourist Talkies and Sri Krishna Theatre, had claimed the benefit after the IT department rejected his application in 1994 for the assessment year 1992-93.

In brief

http://www.indianexpress.com/news/in-brief/582122/0

Press Trust of India , Express News Service Tags : IE, briefs lucknow Posted: Saturday , Feb 20, 2010 at 0153 hrs

Rita house arson: No CB-CID chargesheet till March, says HC

The Allahabad High Court restrained the CB-CID, probing the incident of arson at the residence of UPCC chief Rita Bahuguna Joshi, from filing a chargesheet in the case till March 12.

A Division Bench of the High Court comprising Justices Satyendra Singh Chauhan and Shrikant Tripathi passed the order on a writ petition of Joshi seeking a CBI probe into the incident of arson at her house in July last year.

On behalf of the state government, a prayer was made at the Lucknow Bench of the High Court for adjourning the case till some other date. On behalf of the petitioner, an apprehension was expressed that the petition seeking a CBI inquiry into the case would become infructuous if the chargesheet was filed by the CB-CID, a state investigating agency.

Accordingly the court restrained the CB-CID from filing a chargesheet, if any, in this case till March 12.

pti

Nitish Katara case: SC dismisses petition filed by UP govt

New Delhi: The Supreme Court on Friday dismissed a petition filed by the Uttar Pradesh government seeking permission to file an appeal in the Nitish Katara murder case.

“After the case has been transferred outside Uttar Pradesh, does it have anything to do with the case?” a Bench comprising Chief Justice K G Balakrishnan and Justice Deepak Verma asked the state government before declining its plea.

Besides Uttar Pradesh government, main accused in the case, Vikas Yadav, who has been sentenced to life imprisonment, had also filed a similar petition which was heard together. “Once the case is transferred outside the state, it is the end of the matter (for that state government),” the Bench said. The UP government had contended that the Delhi High Court was wrong in admitting the petition of the Delhi Police in the case.

Prepare list of advocates promising insolvency: HC to cops

http://www.indianexpress.com/news/Prepare-list-of-advocates-promising-insolvency–HC-to-cops/582213

Express News Service

Posted: Saturday , Feb 20, 2010 at 0444 hrs Kolkata:

Hearing a petition on the insolvency case, Justice Sanjib Banerjee on Friday asked the Joint Commissioner of Kolkata police to prepare a list of advocates who have published advertisements to attract borrowers on promises that they would be proven insolvent. Justice Banerjee asked the Joint Commissioner to hand over the list to the Advocate General of the state.

The judge also directed the Registrar of Insolvency Court to file an affidavit stating how many borrowers have been declared insolvent since 2008. Justice Banerjee also asked the Bar Council of India to take resolution against those advocates who had published advertisements to attract borrowers on such issue.

He observed that no advocates could publish advertisement according to legal provisions.

Several private banks had moved the Calcutta High Court last week for judicial intervention in what they called as a sharp rise in insolvency cases in Kolkata.

The banks alleged that over 1,000 individuals have been declared insolvent in the last three years, as a result of which they didn’t need to repay bank loans or make credit card payments.

Banks get respite from CBI probe

http://timesofindia.indiatimes.com/biz/india-business/Banks-get-respite-from-CBI-probe/articleshow/5594248.cms

Partha Sinha, TNN, Feb 20, 2010, 12.07am IST

MUMBAI: A group of banks, who were being investigated by the CBI for alleged violations of several foreign exchange rules including Foreign Exchange Management Act (FEMA), got a temporary respite from the SC on Friday.

The banks, under FIMMDA had moved the apex court to direct the CBI to stop its investigations, since banking regulator RBI was already doing its investigations in the same matter.

After the preliminary hearing in the morning, the case was transferred to the court of the CJI. March 15 is the next day for hearing the case in detail, A K Jain of law firm Jaina Associates told TOI. Till the next hearing CBI is unlikely to proceed with the investigations, sources said. CES Azariah, CEO, FIMMDA, could not be reached for his comments.

CBI was investigating the role of several banks related to foreign exchange derivatives contracts they had sold between 2007-2008 that allegedly led to losses running to thousands of crores for a large number of Indian firms.

GST to reduce tax-related litigations: Moily
http://www.business-standard.com/india/news/gst-to-reduce-tax-related-litigations-moily/86306/on
Press Trust of India / New Delhi February 19, 2010, 21:24 IST

The introduction of goods and services tax (GST) would cut down on the number of litigations by revamping the current multiple indirect tax structure, Law Minister M Veerappa Moily said here today.

“Multiple tax complexity increases the transaction cost, litigation and uncertainty,” Moily told a conference on international taxation organised by the Income Tax Appellate Tribunal here today.

The law minister pointed out that GST would help the government earn more revenues.

The GST implementation, which has been deferred from its earlier scheduled date of April 1, will replace most of the indirect taxes at the Central and the state level.

He said the current tax structure is a major constraint on competitiveness as it results in increasing the cost of major goods and services. “The cascading impact of taxes increases cost of indigenous goods by 10-20 per cent. It is a barrier to a common market for growth and leads to production and distribution inefficiency,” he said.

Citing proposed reforms in the direct tax front, wherein the new direct tax code is to be effective from April 2011, he said the country’s taxation regime is dynamic.

Saying that the country has the potential and opportunity to become a growth engine for the global economy it it takes appropriate policy initiatives and reforms, he said, “Key enablers would be competitiveness, improved productivity infrastructure, good governance and social harmony.”

Addressing the conference, Chief Justice of India (CJI) K G Balakrishnan said the differential treatment in direct tax would help people who earn less. He said tax laws ensure that unduly high tax rates are not imposed and everyone pays as per their earning.

The CJI also said with the inflow of foreign direct investment, tax laws come handy in handling disputes.

Cash-for-judge: HC Bar flays CJI

http://timesofindia.indiatimes.com/india/Cash-for-judge-HC-Bar-flays-CJI/articleshow/5554244.cms

Ajay Sura, TNN, Feb 10, 2010, 04.11am IST

CHANDIGARH: The Bar Association of Punjab and Haryana High Court passed a resolution on Tuesday, condemning the Chief Justice of India (CJI) KG Balakrishnan and former Attorney General (AG) of India, Milon Banerjee for giving a clean chit to the controversial high court judge, Nirmal Yadav in the cash-in-bag scam.

The CJI has been condemned by the Bar for his “willful and palpable abdication of duty” in denying sanction for prosecution of Justice Nirmal Yadav, based on the opinion of the Attorney General for India.

AG was condemned for his opinion, holding that no case is made out against Justice Nirmal Yadav.

The scam had broken out after in August 2008, when a bag containing Rs 15 lakh was delievered by the clerk of the then additional advocate general of the Haryana High Court at the house of Justice Nirmaljit Kaur. Later, it was found that the money was meant for another judge, Justice Nirmal Yadav. However, the CBI, which investigated the case, filed a closure report in December last year saying that the it had not got clearance from the CJI and former AG to continue with the case.

The resolution was passed at a specially convened general house of the high court bar.

While rejecting the closure report filed by the CBI in the scam as “grave and flagrant miscarriage of justice,” the association said it expects the special judge, CBI, Chandigarh to rise to the occasion and to do his duty as per law and to decide the matter fairly and judiciously.

The association also authorized advocate Anupam Gupta, who has been associated with this case from the very beginning, to represent the bar association along with the other counsels before the special judge, CBI. Chandigarh in opposing the closure report and assisting the court in proceeding with the prosecution and trial of justice Nirmal Yadav and the other accused.

Decision was also taken to authorize the executive committee of the bar to nominate an 11-member committee, to call upon the President of India and the Union law minister to convey the concern of the association over the “miscarriage of justice that has been caused by the CBI’s closure report.”

The general house met for over one-and-half-hour on Tuesday. The resolution, presented by bar president SS Behl, was passed by an overwhelming majority against the dissent of two members only.

“The opinion of AG procured by the then union government best represents the view of the government of India but it cannot represent the view of the CJI,” said lawyer Anupam Gupta.

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5 Responses

  1. sir i have a question one of my uncle gave 1.5 crore to a guy in jalagaon mah. they says that they fighting againast mah. govt for recovery of land in jalagaon dist. owner of the land is was not capable to fight so a group of people from gujarat gave lots of money including my uncle . now they says that they have won the case in court my uncle told me that now he will get 500 cr. against 1.5 cr. he invested how it is possible if ,my uncle gets this much money how about the rest i think they r atleast 250 partners. what would be the cost of that land i dont beleive this i think somebody is cheating with all this people from gujarat . please let me if this is possible or if its true is there any judgmenet against mah. govt. in last two to three months if not i can suugest my uncle to take legal steps against this guys

  2. sir i am jugender and so
    my brother in lokesh kumar in
    mader cases in dasni jai in 2 yrs samting in cibil court in canceld plz your contct detils plz sir

  3. Wish to have law related news via email

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