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Friday, April 30, 2010

Dressed for success - the London look- Legalweek

Dressed for success - the London look- Legalweek

If you want to get on in your career, it's all about looking the part. Friederike Heine finds that first impressions count

In today's stressful and competitive business world, taking the time to review your wardrobe and overall executive presence can be a sound investment. Like it or not, your clothes speak for you - while a stylish blazer and skirt combo can say 'successful, confident and polished', a crinkled, ill-fitting suit can suggest all the wrong things about your attitude.

In any work setting that does not require a formal uniform, we make choices every day about how we dress. And it is because of this element of choice that a lawyer's business attire can reveal a lot about his or her confidence, personality and aspirations within the firm.

"Clothes can offer a glimpse into how we view ourselves as well as how we see others viewing us," says Olswang partner Eleni Skordaki. "Not all of these choices are conscious, but they do indicate how we make sense of our professional world and our place in it."

So can stepping up your style game really enhance your career chances? "Definitely," says SJ Berwin partner Bryan Pickup. "Appearance does affect promotion prospects - dress and act like a senior associate or partner and you are more likely to become one."

In response to a dilemma about whether make-up helps you succeed, an anonymous user, posting on legalweek.com's Career Clinic, couldn't agree more: "Throughout my time in private practice I have seen plenty of people promoted on the basis that they are easy on the eye," he says. "I've also seen it save less-able people caught up in redundancy processes. It shouldn't be the case - but it undoubtedly is."

Although career progression in the legal industry is not based solely on looks, entering it in the first place may be highly dependent on your appearance. An interviewer at a law firm will size you up within seconds of meeting you and, at least initially, will not be judging you on your skills as a lawyer.

SJ Berwin partner Hilary O'Connor remembers one particular incident during an interview with a potential trainee. "I recall shaking hands with a candidate for a training contract and clutching a handful of bangles, which she then jangled throughout the interview," she says. "Not a brilliant start."

Although this applicant's flashy attire may have done her a disservice, self-expression and glimpses of one's temperament can be a good thing, says Olswang's Skordaki. "My personal dress code is simple - it is about dressing, not dressing up into something I am not," she says. "Self-expression and showing one's temperament in the form of style are definitely positives when harnessed to enhance communication."

Most partners agree that it is just as important for men to dress smart as it is for their female counterparts. "Although the working wardrobe has become ubiquitous, there are countless different dress codes - for example, that women should avoid wearing cropped tops in summer, and that men should avoid comedy ties at all times," says SJ Berwin's O'Connor. "However, the majority of working adults have a good idea as to what constitutes smart business dress."

But according to Katherine Vogele Griffin, who writes a blog for professional women on how to dress in the workplace, this is not the case - countless female lawyers seek out blogs such as corporette.com for tips on how to dress. The self-proclaimed 'fashion and lifestyle blog for overachieving chicks' receives approximately 850,000 page views a month.

"I always thought the blog would be needed by any woman working in a professional and conservative office, whether lawyers or bankers or consultants," says Vogele Griffin, who only recently revealed her true identity. "But there are mostly lawyers among my readers, which indicates that women do struggle to adapt their style to Biglaw culture."

Many female lawyers find it difficult to determine what is suitable for the workplace because where men can stick to a classic suit and tie combination, there are no equivalent norms for women, says Norton Rose partner Caroline May.

"For men, a professional look is easier to achieve as there is a standard male uniform and a sort of unwritten rule about what sort of suits and ties are acceptable," she says. "For women, there are no equivalent norms, so some opt for the dark suit and blouse option, whereas some go for more flamboyant styles. Generally, it is a matter of confidence and perhaps seniority."

Practices like dress-down Fridays - which some law firms support - have widened the significance of exhibiting a 'non-work' personality. According to May, however, experiments with casual Fridays in the legal industry have shown that they are not particularly popular with staff and, more importantly, with clients. "Partners may be called into meetings at short notice, so there is a risk of being caught in dress down inappropriately," she says. "For both sexes, looking neat and tidy is the best option and something that clients feel comforted by in their advisers."

Despite the option to dress down on Fridays, Denton Wilde Sapte dispute resolution head Elizabeth Tout wouldn't entertain the idea of casual attire in the workplace. "Dressing down in the office would make me feel uncomfortable," she says. "Being well-dressed makes me feel professional, and it is important to retain an air of professionalism in the workplace."

At junior levels, appearance is especially important, as it signifies an understanding of the rules of the game and a desire to fit in. However, all this can change once you have progressed up the career ladder. "Once you have become completely indispensable then maybe your dress code is not that important," says O'Connor. "At senior levels women are still very much a minority, so there are less rules applied," adds Norton Rose's May.

The idea that career progression in law firms is based more on looks than on meritocratic reward is unlikely, says Pickup - you have to have the talent to back it up. "You can't turn a fashion model into a good lawyer if they haven't got the ability," he says. "But you can always get a talented but scruffy lawyer to improve their appearance."

Tuesday, April 20, 2010

7 Ways to BOOST Marketing When Business is Slow

7 Ways to BOOST Marketing When Business is Slow

No one likes it when business slows down. In fact, it's even a badge of shame in some practices.

Slow times, though, call for serious measures. It's time to get (start) marketing! SEIZE THE OPPORTUNITYto harvest new relationships, nurture old ones, and build business.

Here are seven simple ways to get started.

1. Give your clients special attention.

Get in touch with existing - and dormant - clients on a regular basis. Stop at their office for a visit or, even better, hop on a plane and visit an out-of-town client whom you've never met in person.

Focus on client satisfaction!

2. Boost your marketing investment.

Even if your firm won't pay for it, consider taking a law course or a seminar. You could even hire your own lawyer marketing coach to help you jump start your practice.

3. Ask for referrals - often.

Some lawyers find that asking for a referral can be awkward or uncomfortable, but they are often the most effective and efficient ways to get new business. When asking for a referral, be sure to create a clear statement describing the type of clients you're seeking. The more specific you can be, the better.

4. Set aside time each day for marketing.

By writing this time into your schedule, you'll avoid immersing yourself in unimportant busywork.

5. Review your DATABASE of contacts.

Go into Outlook and start combing through your contacts. Are there any friends, colleagues, or alums who are overdue for a phone call? See if you can parlay each call into a meeting.

6. Set measurable, weekly goals.

Goal setting is a critical step on the road to marketing success.

Set real goals for yourself by being SPECIFIC and REALISTIC.

Think in quantifiable terms.

Here are a few concrete examples:

  • Cultivate three new referral sources from your network.
  • Get one internal referral from a lawyer in your firm.
  • Make three phone calls a week to secure one-on-one meetings.
  • Cross-sell another practice section in your firm for three clients.

7. Be a matchmaker.

Introduce your clients to potential customers, or introduce a partner to a potential client. If you become a matchmaker, you'll have more reasons to pick up the phone and stay connected. AND THOSE YOU HELP WILL WANT TO HELP YOU BACK.

Slowdowns happen to the best of us.

Learn to stay busy in slow times by boosting your marketing efforts.

TAKE ACTION and GROW THAT BOOK OF BUSINESS!

Saturday, April 17, 2010

Bar Council to crack down on law firm websites and advertisement | Law firms | Legally India - News for lawyers | Indian law firm, law school & studen

Bar Council to crack down on law firm websites and advertisement | Law firms | Legally India - News for lawyers | Indian law firm, law school & student news and community |

The Bar Council of Delhi has decided to frame a draft proposal to more stringently regulate law firms to prevent flouting of Bar Council of India (BCI) and Advocates Act rules and to strictly enforce the advertisement ban and publicity rules governing law firm websites.

Ex-chairman and member of the Delhi Bar Council Ved Prakash Sharma told
Legally India: "The Bar Council has not yet framed any draft, but there is a proposal to regulate. He said the council has felt the need to frame more rules and guidelines because when rules were framed under the Bar Council of India there were not many law firms in existence compared to the number of law firms functioning today. "Now, we have so many of them and there are so many complaints against them, particularly about violations of certain rules of the Bar Council of India about advertisement, publicity, etc which is not permitted in our rules," he explained.

"Therefore, we want to regulate their functioning. This demand [to regulate law firms] was made in the last Council also, but since we have settled down now and the new council has taken over we definitely propose to do it."

Sharma noted that the Bar Council of Delhi was competent to frame such rules and send them for approval to the BCI in this regard. "We will put up the resolution in front of the whole house and we will discuss and decide the issue thereafter," he added. He emphasised that there have been specific concerns about law firms indulging in publicity and advertising their functioning and expertise. "Legal work imparted by an advocate can’t be glorified in that sense," argued Sharma. "If the intention is to attract more and more work and use it for commercial purposes or professional enhancement, it is not permitted." Sharma also stated that law firms carrying publicity material on their websites was not permitted. "Regulation only allows them to mention if they are involved in civil, criminal or corporate field or some other area."

However, he clarified that media reporting of the outcome of cases or of deals and the person who had conducted or acted on matters was permitted. Sharma first made the statements at a function hosted by FoxMandal Little at its Noida office to welcome the
newly elected Delhi Bar Council last Friday (26 March). FoxMandal Delhi managing partner Som Mandal confirmed to Legally Indiathat the issue was discussed at the function and that lawyers would have to comply with any regulations passed by the Bar Council of India. "The Bar Council has all the rights to do whatever it likes, within the ambits of rules that they have," he said.

It is understood that the issue of the entry of foreign firms was also raised at the Noida function, although Sharma said that the Delhi Bar Council continued to oppose legal market liberalisation without legal practice reciprocity in other jurisdictions. In 2008 the Bar Council of India had clarified the existing no-advertising rules to allow law firms to have websites. The
amendment allowed "advocates furnishing website information as prescribed in the Schedule under intimation to and as approved by the Bar Council of India". The list in the schedule permits little more on lawyers' websites than contact details, qualifications and areas of specialisation of advocates.

Suit seeks bar on Foreign Law Firms in India


FREEHILLS and Clayton Utz are part of a group of international law firms facing legal action in India aimed at preventing them from working in that country.
Indian lawyer A.K. Balaji has filed proceedings in the High Court at Madras arguing that 30 international firms are practising illegally in the country.
His action is also directed at the Bar Council of India, the Bar Council of Tamil Nadu, six government departments and the Reserve Bank of India.
While the Balaji case poses no immediate threat to the Indian operations of any of the firms, it comes soon after international firms Ashurst, White & Case and Chadbourne & Parke were forced to leave India because of a ruling by the Bombay High Court.
The Bombay court had ruled that the Reserve Bank of India did not have permission to allow the firms to set up liaison offices in the early 1990s. That ruling ultimately affirmed India's protectionist model, but the litigation dragged on for more than a decade. During that time, Ashurst continued to conduct business in India. It closed its Delhi office this year.


Freehills and Clayton Utz declined to comment on the Balaji litigation. But industry sources said the conclusion of the case and any potential impact on the foreign firms involved was a long way off. While the imminent practical threat to Freehills and Clayton Utz is minimal, the case has highlighted the issue of market access and reciprocal practice rights with India.
An affidavit filed by Mr Balaji says: "Allowing the entry of foreign law firms with no reciprocal arrangements with respect to Indian lawyers should not be entertained. "Indian lawyers have to be allowed to work in the respective country, otherwise foreign law firms should not be allowed to exploit the Indian market without actually opening up their domestic markets to Indian lawyers."
A spokesman for Attorney-General Robert McClelland said the Balaji case might clarify the position for foreign firms practising in India. "It is hoped that the Balaji action will provide a framework which permits foreign lawyers to establish in India and work with local lawyers in providing legal advisory services in India," the spokesman said.
Last month, Mr McClelland indicated that the draft bill for the planned national regulatory system for the profession would liberalise the entry requirements for foreign lawyers.
"The draft bill will propose a new option of `conditional admission' for foreign lawyers which will allow them to practice law in Australia, either for a particular period of time or for practice only in a specified area of the law," Mr McClelland said. The International Legal Services Advisory Council, which advises Mr McClelland, has identified India as a key export market.
"ILSAC, with the government, has been lobbying for a considerable time for appropriate access to the Indian market," said council chairman Tim Bugg said.
"Whilst the action is unfortunate because it seeks to restrict the practice of foreign law by foreign law firms in India, it hopefully will have a positive side-effect, which will bring some pressure to bear on the Indian authorities, to look more speedily at the way in which foreign law firms can practice in India," Mr Bugg said.
The desire to push deeper into India is a recognition of its booming market for legal services.
London-based RSG Consulting has analysed the Indian legal market for the past two years, and in its latest report valued the sector at $US800 million ($850m).
Nearly half of that figure is expected to go to foreign law firms.
Indian law firms are citing targets of up to 500 per cent growth over the next three to five years as they ride the growth trajectory of the emerging economy. The consultancy interviewed more than 330 Indian law firms and foreign legal service purchasers to determine which international firms were having an impact.
Mallesons Stephen Jaques, Minter Ellison and Davies Collison Cave were the three Australian firms acknowledged in the RSG report for their activity in the region.
While the big British and US players dominate the market, RSG Consulting managing director Reena SenGupta said Australian firms were making significant inroads.
"It does tend to still be the British firms that get the most mentions, and then the American firms, but Australia is certainly the next key jurisdiction," she said.
"If I compare the research we did in 2009 to 2008, there were far more mentions of Australian firms, far more awareness of Australian firms. And actually, a bit more of a liking for Australian firms, culturally."
Ms SenGupta confirmed the council's belief that the Indian market was a key opportunity for Australian law firms.
"There's a sense of more of an inclination to work with Australian firms . . . more of a focus to the whole Asia-Pacific, and a turn away from the US and from Europe."
For Mallesons, India represents the latest jewel in its Asian crown. The firm has had a hand in Indian-related work for two decades.
While Mallesons does not capture figures on the value of India as a discrete market, income drawn from its combined Asian practices contributes around 15 per cent to total revenues.
Further growth is expected to come from leveraging opportunities across its regional network, particularly the bridge between the two Asian high-growth economies -- China and India. With China now India's number one trading partner, Mallesons said the firm was poised to capitalise on the growth in this relationship, and other cross-border work in the region.
"It is an area of advantage for us, in that we have a scale in China," Mallesons partner John Sullivan said. "We see that (as an advantage) for the longer term, with the two engines of Asian growth."
Mallesons, like many global firms, is keen to see a dismantling of India's barriers to entry.
"As a firm that has operated in Asia for two decades, we are supportive of opening up of trade between the two countries, including legal services," Mr Sullivan said.
Source - http://www.theaustralian.com.au/business/legal-affairs/suit-seeks-bar-on-foreign-firms-in-india/story-e6frg97x-1225854279782

Hearing Delayed....
The Chennai public interest litigation (PIL) against 31 foreign law firms that was scheduled for Government respondents' filing of replies on 8 April remains unheard to date owing to judicial delays.

The case was postponed for hearing on 9 April as item no 84 after post lunch matters were not taken up by the bench on the previous day. The matter did not come up for hearing due to shortage of time on that day.

This Monday 12 April, after the weekend holidays no matters were listed before the concerned bench sitting in court number 1. The last the cause list placed the case as number 86 on Tuesday 13 April. 14 April was a gazetted holiday and the courts were closed.The hearing was not listed for today and did not show up for tomorrow, according to the Madras High Court causelist.

The lead petitioner of the writ petition A K Balaji told 
Legally India: "Delays have been caused because there are a lot of pending matters before the court." "Only admissions are taken up but not adjourned admissions," he added, explaining that the Association of Indian Lawyers, which was formed for the purpose of filing the writ petition, was also waiting for the matter to be heard but did not know when this would happen.

The 
writ petition names 31 international firms and legal process outsourcing (LPO) provider Integreon as co-respondents for practising law illegally in India. It is understood that respondents other than Government departments and statutory bodies would not be served with notices until after the matter has been admitted in a preliminary hearing.

Sourcehttp://www.legallyindia.com/20100415699/The-Bar-and-Bench/madras-writ-hearing-v-foreign-firms-bogged-down-by-court-delays

Friday, April 16, 2010

Naval Base at Karwar - The Untold Agony in the Achievements...

India is finally going in for a major expansion of its newest naval base at Karwar in coastal Karnataka, which provides it "strategic depth" on the western seaboard and will house aircraft carriers and nuclear submarines in the future.

This comes after a long delay since the ambitious `Project Seabird' to build the futuristic Karwar naval base was first approved by the government way back in 1985 at an initial cost of Rs 350 crore. Budgetary constraints derailed the project for a decade before a truncated Phase-I was approved in 1995, with the work finally commencing in 1999 with a Rs 2,500 crore fund allocation.

"Phase-I is now fully complete. We have 10 warships based there. Now, the detailed project report for Phase-II is in the final stages. After approval by the Cabinet Committee on Security, construction will begin next year,'' Navy chief Admiral Nirmal Verma told TOI. Navy will be able to berth 25 to 30 big warships at Karwar after Phase-II gets over by 2017, he added. The base will also house a wide variety of smaller ships, including 10 of the 80 fast-interceptor craft of Sagar Prahari Bal, the specialised force being raised for coastal security after the 26/11 terror attacks on Mumbai. 

Sourcehttp://timesofindia.indiatimes.com/india/After-long-delay-India-moves-to-expand-strategic-Karwar-naval-base/articleshow/5804347.cms



INS Kadamba

INS Seabird

Project Seabird was a program to establish a new Naval Base, the INS Kadamba. This base would be India's first base exclusively for naval ships and the largest. Prior to its existence, naval ships shared space with commercial vessels at the two major ports in Mumbai and Visakhampatnam as well as smaller enclaves in Kochi, Goa and other small ports. A new Naval Base on the western coast was sanctioned in 1985 primarily on strategic consideration for completion by 1995 to provide additional infrastructure for the growing Naval Fleet. Karwar in Karnataka was chosen as the location of this base. The base would is under the jurisdiction of the Western Naval Command.
The Naval base was inaugurated by Defence Minister, Mr Pranab Mukherjee on 05 May 2005. The then Prime Minister Late Shri Rajiv Gandhi laid the foundation stone on 24 Oct 1986. The project was originally conceived by Admiral OS Dawson (Retd), PVSM, AVSM, ADC, who was Chief of Naval Staff from 28 Feb 82 to 30 Nov 84.
The West Coast was chosen for the location of the new base since the eastern base at Visakhapatnam, which could berth 50 ships, was considered adequate for India’s security needs in the east. Mumbai, on the west coast, was too congested due the substantial number of merchant vessels that docked there regularly, often forcing naval ships to wait a day before they could dock. Shallow waters along the channel in Mumbai prevent the berthing of aircraft carriers, which would have to lie in anchorage. Expansion of the Mumbai base was impossible and nearby buildings such as the Bombay Stock Exchange presented a security risk. Furthermore, Mumbai was a mere 580 nautical miles (900 kilometers) from Karachi whereas the Karwar base would be around 900 nautical miles (1,450 kilometers) from Karachi, thus being further away from potential attacks such as via missiles. The topography of the Karwar base was also considered valuable by the Navy. Features include sufficient and even water depth permitting easy berthing and navigation, hilly forested terrain to camouflage ground installations and the low occurrence of siltation.
The project was beset with abnormal delays. Despite revision of completion schedule from 1995 to 2005, the execution of marine works commenced after 14 years in 1999 raising doubts about the completion of the project even as per the revised schedule.
The cost of the project estimated at Rs 350 crore (Rs 3.5 billion) in 1985 increased to Rs 959 crore in 1990 on finalisation of detailed project report and further escalated to Rs 1294 crore in 1995, though the scope of the project was considerably reduced. The Ministry accepted consultancy services for supervision, contract management and quality assurance at higher rates than that quoted by foreign consultant in July 1990, resulting in extra expenditure of Rs 7 crore. Incomplete and inadequate studies by Central Water Power Research Station entrusted with site selection studies prolonged the studies for more than eight years. Tardy progress in implementation of approved rehabilitation package for the affected families despite budgetary allocations for this project led to its revision time and again and ultimately its financial impact increased by Rs 78.20 crore. Investment of Rs 2.64 crore on creation of assets, established to match the proposed commencement of marine works in June 1998 remained unproductive due to non-acquisition of land and conclusion of marine works contract.
The Ministry sanctioned in July 1986, acquisition of 6933 acres of State Government revenue and forest land and 5421 acres of private land at a cost of Rs 22 crore. But subsequent developments like (a) minimising human displacement (b) restriction on construction within 200 metres from high tide line, (c) planning of Konkan Railway line through the station and (d) reduced scope of the project necessitated reassessment of land to be acquired. Out of 8175 acres land decided to be finally acquired, 324 acres had not been acquired as of January 2000.
The INS Kadamba was commission on May 31, 2005. As of then, Project Seabird was being executed on 4480 hectares (11200 acres) of land, which was a mix of forest, revenue and private land. More than 4000 families living in 13 villages have been relocated to seven Rehabilitation Centers. Out of the acquired 3500 hectares of forest land, only 400 hectares have been used for construction. As per the existing policy, 800 hectares of compensatory afforestation has been done. In addition, about 900 hectares of afforestation has been carried out within the Naval area after taking over. Some sources have estimated the cost the total project cost at US$800 million.
Due to budget limitations, the Navy halved the original Phase I of Project Seabird. Phase II which will last from 2005 to 2010 will double most of the existing facilities. In addition, a naval air station will also be constructed where large ship-based helicopters will be stationed. The Navy ultimately plans to berth 50 vessels at Karwar.
Currently, the Navy plans to station the operating fleet of the Western Naval Command at Karwar while sending ships for repair and maintenance to Mumbai.
One of the unique feature of the base is the ship-lift and ship-transfer system for dry docking of the ship at the Naval Ship Repair Yard. The ship-lift is capable of lifting upto 10,000 tonnes and measures 175m x 28m. A ship-lift is a large elevator platform that can be lowered into water and lift a ship vertically to the yard-level so that the ship can be moved onto a dry repair berth on land. The ship-lift will be able to lift all other Indian Navy vessels except aircraft carriers and supply vessels. Currently there are 2 jetties available for ship-berthing. Ultimately, 11 piers will be available which will be able to accommodate 42 ships. Ships will be placed by end 2005 to enable the Western Naval Command with operational flexibilities.

Land Acquisition/Rehabilitation of Displaced Persons

The land required for execution of Project Seabird was approx. 4480 hectares, which was a mix of forest, revenue and private land. Over 4000 families living in 13 villages were required to be rehabilitated. The rehabilitation of the project affected families commenced in 1995 and this process went through various stages of negotiations, agitations, resistance, discussions and meetings with the involvement of local, state and national level political level leadership, including the High Court of Karnataka and National Human Rights Commission. Finally, at a meeting between the then Raksha Mantri and the CM of Karnataka in 1999, a comprehensive rehabilitation package was settled at a cost of Rs 126 crores as opposed to the original estimate of only Rs 9 crores. The actual work at site was to have been completed within 10 years (1995-2005), but could only commence in 2000 after the project affected families were rehabilitated in seven Rehabilitation Centers. The Project is being executed in a holistic manner with the involvement of all agencies. 
Non-payment of Compensation – Movable Assets of Govt Office Attached
The court personnel attached the movable assets found in the office of the special land acquisition officer of the Seabird Naval Base here, located in the office of the district deputy commissioner, on Monday March 8. The court had ordered for the attachment of the movable assets of the office, as per an execution petition filed by the persons aggrieved at the non-payment of compensation for their lands acquired for the naval base.
Land belonging to the late Vishnu Siddappa Naik, the late Datta Siddappa Naik, and their brother, Mohan Siddappa Naik, located in Chendia Aligadda village, had been acquired by the land acquisition officer in the year 1989.  The land owners, dissatisfied with the price offered for their lands, had approached the court for enhancement of compensation, which was granted by the civil court here. Thereafter, the government had filed a special leave petition in the High Court to approach the Supreme Court against the court order, which was declined. The appeal filed by the estate officer of the department of defence in the court against the court order, is yet to be admitted by the Supreme Court.
The court bailiffs took away chairs, tables, fans, Xerox machine, and cupboards found in the office. Employees of the office, who initially resisted the move, had to move out of the office as they could not function in the office that was being emptied. Advocate for the displaced persons, P S Bhat, said that the court took this step, as the land acquisition officer failed to pay compensation as per the court order, even after several requests were made to him on this issue.
Source - Daijiworld.com



Compensation, a mirage for Seabird land losers in Karwar - Deccan Herald
It is 24 years since the government acquired 2,500 acres of private land from people in Karwar and Ankola taluks to build ‘Seabird,’ the biggest naval base in Asia.
However, compensation has become a mirage for the people who lost their home and hearth for the naval base. The land acquisition process for the project costing Rs 25,000 crore began in 1986. But the compensation distribution has run into a controversy. As a result nearly 25,000 people of 8,000 families have become homeless.

These people had sacrificed their land to strengthen the defence system of the country. However, they are yet to be compensated. The Government had paid just Rs 150 per gunta. Those who lost the land went to the court saying that the sum was too meagre.

The Additional Civil court (Senior Division) directed the government to pay Rs 11,500 per gunta. According to the court order, Geethabai Dayanand Naik, who had given up her land, was given a compensation amount of Rs 4.90 lakh.  However, the Defence department appealed to the High Court against the lower court order stating that it was not possible for the government to give such a huge amount. The High Court upheld the order of the civil court. The Department has now filed a special leave petition in the Supreme Court. It will take a long time for the hearing to come up in the Supreme Court.

The majority of the families who have lost land either belong to the fisher community or are farmers. As the seashores are a part of the naval base project, the fishermen are worried about their future. The farmers rehabilitated in a barren land are not able to continue with their agriculture activities. 

Source - http://www.deccanherald.com/content/61202/compensation-mirage-seabird-land-losers.html
More - http://onespot.wsj.com/india-news/2010/03/30/a/603926757-compensation-a-mirage-for-seabird/


Despair of the displaced


The displaced families complain that the land in the rehabilitation centres is not fit for cultivation and that the government has not been able to provide them an alternative livelihood.

PROJECT SEABIRD has, by and large, overcome its initial setbacks, but many of the families that lost their land and/or livelihood as a result of the building of the naval base are yet to find their feet.
According to revenue records, 4,111 families, including 3,315 engaged in farming on less than one acre of own land and 856 of fisherfolk, living in 12 villages have been affected by the project. However, Prabhakar Rane, a former Karnataka Minister who is honorary president of the Seabird Naval Base and Konkan Railway Evacuees Forum, disputes the figure. He says there are more than 10,000 project-displaced families, comprising around 40,000 people.
The 11-year delay between the final land acquisition notification in 1989 and the actual shifting of people from the project site added to the problems associated with rehabilitation and resettlement (R&R). During this period of uncertainty, families expanded and land prices climbed. The displaced families were unhappy with the R&R package that the Karnataka government offered initially. In 1989, many of them approached the Karnataka High Court, which forbade the evacuation of people until "proper rehabilitation measures" were undertaken.
In August 1998, the Defence Ministry and the State government signed a Memorandum of Understanding (MoU) on a Rs.126-crore rehabilitation package, and the court allowed the project to proceed. Under the package, the head of every displaced family received Rs.50,000 and a house site in one of the newly created rehabilitation centres (RCs), while two adult sons and one unmarried daughter above the age of 35 got Rs.70,000. (The site was in addition to the compensation plus 30 per cent solatium and 12 per cent interest received for the extent of land lost.) Seven RCs were created - at Chittakula, Amadalli and Harwada for fishermen and at Todur, Hattikeri, Belekeri and Mudageri for agriculturists.
The displaced families want the R&R package to be extended to all sons and a maintenance allowance for the 12 years that they remained without their lands and jobs. The families are unhappy with the RCs, most of which do not have proper roads and a regular water supply system. Most important, the families want the State government to provide an alternative livelihood, which even government officials agree they have not been able to do. The few government-sponsored employment generation schemes (like carpentry, poultry and mushroom farming) have not found favour with the displaced people. They hope the government or the Navy will provide them with jobs as security guards, drivers or secretaries.
Said Nagubeechu Gowda, whose family lost land in NK Bail, Berede and Bavekeri villages and has now been rehabilitated at the Belekeri RC: "Earlier we cultivated paddy and even cash crops like coconut, groundnut and cashew, but here the land is not fertile, we cannot cultivate anything. There is no water either for drinking or for irrigation. Many of the wells have dried up." Added Sukri Gowda, a farmhand who has also been rehabilitated at the Belekeri RC: "There is hardly any agricultural activity close to the RC. We cannot even collect firewood because the Navy has taken over most of the forest areas."
Source - Frontline

Seabird officer issued notice

The additional civil court (senior grade) here has issued a showcause notice to the land acquisition officer of Seabird Naval Base project, asking him why he should not be arrested for not complying with the court order.
A case was filed about 10 years ago by one Janaki Teka Naik of Amadalli village, asking for more compensation for her land acquired by the naval base. But after her death when the court case was still in progress, her son Devidas Naik continued with the case. On February 7, 2008, the court ordered the land acquisition officer to deposit 25% of the amount of the additional compensation to be paid to Devidas.
As per the direction of the court, the officer presented a cheque of Rs 29,57,928 in the court on October 18, 2008. The cheque was sent to State Bank of India's Bangalore branch for realization. But due to the negligence of the bank staff, the cheque was not realized even after nine months, according to a written statement issued by Pradeep Naik, the advocate representing Devidas in the case. Repeated requests of Devidas and his family made to the land acquisition officer, bank officials and defence officials did not yield any results. Considering this as a serious offence, the court issued the showcause notice to the land acquisition officer.

Jethmalani wants SIT to probe money of Indians in banks abroad - ET

Former Union law minister Ram Jethmalani today demanded setting up of a special investigation team to probe unaccounted money of Indians, estimated to the tune of 1500 billion dollars, lying in Swiss and other foreign banks.

"When an SIT can be formed to probe Gujarat riots, then why not have another one for probing unaccounted wealth?" Jethmalani asked at a press conference here.

If this money is brought from foreign banks to India, every family in this country would get nearly Rs two-and-a- half lakhs, national debt will be liquidated and for 30 years continuously the people would get a tax free budget, he claimed.

"There is no attempt to recover this money and this is becoming more and more irrecoverable. Even if the money have been shifted from one bank to another, past records of these banks would show that the money was lying with them," he said.

Jethmalani said he and some others had filed a petition in the Supreme Court to seek recovery of this money, which is likely to come up for hearing in July but the Union Government had filed an affidavit saying that though it had received information about these accounts, it could not disclose them as it was given under the condition of confidentiality.

http://economictimes.indiatimes.com/news/politics/nation/Jethmalani-wants-SIT-to-probe-money-of-Indians-in-banks-abroad/articleshow/5811501.cms
"This story of confidentiality is a fraud and lie," Jethmalani alleged.

Thursday, April 15, 2010

INTERNSHIP Prog. with LAW COMMISSION OF INDIA for LL.B./LL.M./RESEARCH Students



 The Law Commission of India provides opportunities by holding Summer (May-June)/ Winter (November-December) Voluntary Internship Programme.

The Programme is open for students pursuing studies in Law.

GUIDELINES OF THE PROGRAMME

1. It is applicable to ‘ Indian Nationals ‘ only.

2. Duration of internship will be of 04 to 06 Weeks.

3. The Law Commission pays no remuneration/expenses.

4. The interested law students pursuing studies (2nd to 5th year of three year/five year law degree course only) at the  law School/University  may send their applications in the enclosed proforma at least two months in advance from the date they intend to join.

5. These applications may be sent either by post or by hand to reach the Office of the Law Commission, ILI Building, Bhagwan Das Road, New Delhi- 110 001.  This can be e-mailed at lci-dla@nic.in also.

6. All these applications will be scrutinized and the actual offer will be sent to the selected students subject to the availability of slot, consent of the concerned HOD and approval of the Competent Authority. Maximum number of slots to be   offered to these students shall not exceed seven to ten at any point of time.

7. The students will be required to produce a recommendation letter from their Director or Head of Department, after receiving offer from this office.

8. Interns will be required to present a brief research report/paper at the end of their study to the concerned officer for her/his observations and the suggestions, if any/evaluation.

9.  A certificate will be issued to the Intern at the end of her/his internship after evaluation of the research paper.

Friday, April 9, 2010

The Commercial Division of High Courts Bill, 2009

The Commercial Division of High Courts Bill, 2009.


What this Bill aims to do is to create a special division within existing High Courts to fast track commercial disputes that are assessed beyond a 'specified value'.


After this Bill becomes the law (after it is passed by the Rajya Sabha), the Supreme Court will be compulsorily burdened with appeals from Orders passed by High Courts under the new law. The Supreme Court cannot summarily reject appeals because a right of appeal has been furnished to the litigant.

Section 13 of this Bill says:

13. (1) In respect of suits of the category referred to in sub- section (1) of section 4,
section 5, section 11 and clause (i) of section 12, an appeal shall lie to the Supreme Court
against any decree passed by the Commercial Division.
(2) An appeal shall lie to the Supreme Court against the orders of the Commercial
Division referred to in clauses (a) to (w) of Rule 1 of Order XLIII of the Code of Civil
Procedure, 1908.
Explanation.— In this section, the word “decree” shall include all decrees which are
to be treated as decrees for purposes of Rule 4 of Order XXI, Rule 58 and Rule 103 of Order
XXI of the Code of Civil Procedure, 1908.



Full text of the Legislation here... in PDF fomat,


From - http://lawandotherthings.blogspot.com/



The Commercial Division of High Courts Bill, 2009 was introduced in the Lok Sabha on December 16, 2009 by the Minister of Law and Justice, Shri Veerappa Moily. The Bill was passed by the Lok Sabha on December 18, 2009 and is pending in the Rajya Sabha.
  • The Bill seeks to allow a High Court to constitute a commercial division of that High Court for adjudicating commercial disputes. The Judges of the division shall be High Court judges nominated by the Chief Justice of the High Court.
  • The Bill specifies the types of cases that can be allocated to the commercial division of a High Court. It includes all commercial disputes of specified value pending in the High Court and appeals against orders of subordinate courts, interlocutory applications, revision application all of which are of specified value. Commercial disputes pending in subordinate courts shall be transferred to the commercial division of the High Court having jurisdiction over such courts.
  • A “commercial dispute” is defined as any dispute between merchants, bankers and traders over a transaction such as interpretation of documents, export or import of merchandise, carriage of goods, distribution and licensing agreements, intellectual property, and any dispute notified by the central government.
  • The commercial division shall have jurisdiction over certain commercial disputes of specified value under the Arbitration and Conciliation Act, 1996.
  • The Bill defines “specified value” as the value of the subject matter of the commercial dispute which is Rs 5 crore or above as notified by the central government.
  • The Bill outlines the manner in which specified value of the subject matter of a commercial dispute shall be determined.
  • If there is a dispute over whether a case is a commercial dispute case or not or there is dispute over the specified value, such cases shall be decided by the commercial division of the High Court in which the case is pending.
  • The commercial division of a High Court shall follow the procedure specified in the Code of Civil Procedure, 1908 except in cases provided under the Act. But certain prescribed procedures have to be followed in every case such as filing documents, affidavits, requisite fee, and counter claims of defendants.
  • The commercial division may appoint an advocate with 20 years or more experience at the Bar or a judicial officer in the rank of Senior Civil judge as Commissioner to record statements in cross-examination and re-examination of parties and witnesses.
  • The commercial division shall pronounce judgment within 30 days of the conclusion of argument.
  • A single judge sitting in the commercial division may hold case management conferences, fix a time schedule for finalization of issues, cross-examination of witnesses, filing of submissions, record of evidence of cross-examination. However, any objection as to the admissibility of any evidence shall be decided by the Bench of two judges sitting in the commercial division.
  • All decrees of the commercial division can be appealed in the Supreme Court.
From the FINANCIAL EXPRESS :-
The government plans to establish a new mechanism for speedy resolution of large commercial disputes between corporates. The law ministry has moved a Cabinet note that proposes to set up a separate division in every high court for a speedy resolution of such disputes. Once the mechanism is in place, vexatious corporate disputes, like the Birla-Lodha case or the more recent RIL-RNRL case, which generally drag on for years, would be decided in a shorter time span.
Now, the Company Law Board is the arbiter of shareholder disputes and mismanagement issues related to corporates. The CLB, however, has no mandate to cover commercial disputes like the RIL-RNRL stand-off over K-G basin gas. The proposed National Company Law Tribunal would take over the CLB’s functions, but would still not hear commercial disputes, which will remain with civil courts.
The law ministry has proposed that all commercial disputes with a threshold value of Rs 1 crore and above would be handled by the proposed commercial division in high courts. This implies that high courts would be relieved of the burden of dealing with corporate cases. The high courts now deal with all cases ranging from criminal to civil to corporate matters.
Any commercial disputes pending before the district and other subordinate courts would also be transferred to the commercial divisions in high courts. “It would speed up the disposal of corporate cases as district courts would have no jurisdiction in such cases,” the Cabinet note said.
Sources said ministries like commerce & industry, corporate affairs and finance have given their consent to the law ministry’s proposal, which has now been sent to the Prime Minister’s Office for comments.

Once the Cabinet approves the plan, the government would have to move a Bill in Parliament to bring about the statutory change.
A high-level committee on law, headed by the department of legal affairs in the law ministry, has noted that without an effective mechanism for speedy resolution of corporate commercial disputes, progress in corporate India would be retarded.
The committee has also observed that foreign investors in India must be assured that the Indian courts are as fast as the courts in the most developed countries.
The law ministry has taken cue from England in making the proposal. In England, commercial court is a division of the high court, which tackles corporate disputes. In the US, in states like New York, Delaware, Philadelphia and Maryland, commercial courts have been established. Even Nepal has recently set up commercial benches in courts.
According to the proposed Bill, “the Commercial Division of High Courts Bill, 2009”, a dispute that is not a commercial dispute will be deemed to be a commercial dispute if the immovable property involved in the dispute is used in trade or put to commercial use.
Every commercial division will have judges of high court nominated by the chief justice of the high court. And all suits relating to commercial disputes pending in the courts subordinate to the high court would be transferred to the new commercial divisions. All commercial disputes pending in the high court would be transferred to the commercial division. An appeal against the order and decree passed by the commercial division will go before the Supreme Court.