Court Practice or Corporate Jobs....

Law students seem to be having a gradual change of mind and heart, which is good given the shortage of lawyers in the country. Students are slowly realizing that litigation is more gratifying both personally and professionally.

Bruinda Rao (28) graduated from the premier National Law School of India University in 2011 and bagged a job with a reputed law firm in Bengaluru. A year later, she made it to the prestigious Oxford University to pursue civil law. Bruinda came back in 2013 to take up litigation, and now practises at the Karnataka high court. "I have a greater sense of satisfaction today, much more than I got from a fat paycheque," she said.


Bruinda represents the new tribe of law students who take the corporate plunge after getting their law degrees but are quick to get back to their passion — litigation.

NLSIU vice-chancellor Prof R Venkata Rao said: "There is a belief that brilliant students choose lucrative corporate jobs over litigation. Five years ago, this was the truth but today the scenario has changed. Now, psychological satisfaction takes precedence over monitory bliss. Earlier, in a given batch of 75 students, the majority opted for corporate jobs. Today, at least 25 pick careers in litigation, join NGOs or human rights groups."

Last year, five of NLSIU alumnus were designated as senior judges at the district court as well as the high court. The public prosecutor in the Nirbhaya case is also an NLSIU alumnus, Rao stated.

Echoing Prof Rao's views, Sajan Poovayya, senior advocate at the Supreme Court and former additonal advocate general of Karnataka said: "The trend seems to have changed as compared to 20 years ago. But even today, corporate jobs are preferred over litigation. However, law students seem to be having a gradual change of mind and heart, which is good given the shortage of lawyers in the country. Students are slowly realizing that litigation is more gratifying both personally and professionally. The payscales in ligitation may not match those in the corporate sector, but the satisfaction one gets is something that money can't buy.''

At University Law College, more than 80% of the students go in for litigation, out of which over 40% are from a rural background. "We encourage our students to opt for litigation as there is a dearth of good advocates. Former Chief Justice of India MN Rao Venkatachaliah and former Justice of the Supreme Court are students of University Law College. While the salaries and the struggle period may deter some from pursuing litigation, those who are passionate about it go ahead nevertheless,"said Dr Suresh V Nadagoudar, principal.

Experts believe that paycales have improved in litigation. "Our college witnesses an equal number of students opting for litigation and corporate jobs. While those into co-curricular activities join the corporate sector, those who have connections in litigation often choose the bar," said prof Sreenidhi KR from CMR Law School.

TAKING HEADS

"Almost 60% of our students pursue careers in litigation, 20% join corporate firms and the remaining opt for higher education in foreign universities. But those who land corporate offers seem to get bored within 2-3 years. This is mainly because of job and psychological dissatisfaction." - A G Asha, principal, Seshadripuram Law College

"Students with a lawyer in the family or contacts in litigation find it easier to establish their careers while others may have to struggle. But today, we are seeing almost the same number of students opting for corporate jobs and and litigation." - Dr Seema Surendran, principal, BMS College of Law

"While most students choose corporate jobs, we also have an increasing number of girls interested in litigation, especially when it comes to anti-human trafficking. We also get some prominent lawyers to talk to students about litigation being a prospective career path." - AP Porkodi, Principal, Bishop Cotton Women's Christian Law College.




Source -Times of India

Anti corruption Traps in the Courts - Bom HC judgement 2015

CRIMINAL APPEAL NO.1069 OF 2013

SHRIDHAR CHAVAN
Vs.
THE STATE OF MAHARASHTRA


CORAM :
ABHAY M. THIPSAY, J.
             
Decided on: 13/10/2015

....traps in the premises of the Court on
working days, cannot be organized without the permission of the Judge who is in­charge of the administration of such Court, or the Principal District Judge, or the High Court. The working of the courts of law is distinguishable from the offices of the government departments.  In the court premises, there is presence of advocates and advocates' clerks, who, quite often – lawfully and for lawful purposes – receive amounts in cash from the litigants or their representatives.  No receipts regarding such amounts are passed – atleast not at that time.  The members of the staff of the court, are quite often required to assist the litigants or the advocates, and to provide answers to their queries.   Implicating a member of the court staff falsely, with respect to the accusation of his having demanded   and/or   accepted   illegal   gratification   is   easier   than implicating public servants working in other departments.  If the police are permitted to lay traps without such permission, it can indeed pose a serious threat to the administration of justice and independence of judiciary.  On the contrary, no harm can possibly be suffered by seeking the permission of the concerned Judge or his superior, or the High Court.

Bombay High Court

Source:
http://indiankanoon.org/doc/16733212/

Speedy Justice through the Fast Track Courts - Uber Driver Case

The conviction of a driver for raping a woman in a car booked through the Uber Technologies Inc. app less than a year after the attack is being described by those involved in the case as unprecedented for the speed at which it delivered justice for the victim of a sexual assault in India.

The “swiftness with which the trial was conducted is unprecedented,” said Madhur Verma, Delhi police officer in charge of the investigation. Judgment in a rape case typically takes three to four years in India. This one took less than nine months.

Lawyers and police officers involved in the case say it will be remembered as a “classic example” of how to conclude rape trials efficiently.

Source : http://www.wsj.com/articles/BL-IRTB-30692

Senior Congress leader Mallikarjuna Kharge under Lokayukta scanner for Disproportionate Wealth

Senior Congress leader Mallikarjuna Kharge is under Lokayukta scanner for allegedly possessing property worth Rs 50,000 crore in country’s many cities like Nagpur, Pune, Mumbai, Goa, Delhi, Mysore, Gulbarga and Chennai. Some of the properties are reportedly in the name of his sons, daughters, son in law and also wife.

B Rathnakar, Generary Secretary of Bengaluru based Samaj Parivarthan Samithi has leveled the allegation against Kharge that he has amassed wealth disproportionate to his known source of income and hence a complaint under Prevention of Corruption Act was filed against him.

Lokayukta’s Raichur wing, Bengaluru is conducting an inquiry into the matter. 

Lokayukta officials tell an online portal that they are looking into the complaint and are conducting a thorough probe of the allegations. The Lokayukta, however added that they are inquiring into the complaint and if the allegations have merit then an FIR would be filed and case registered.

The complaint has several allegations. It accuses of amassing wealth through misuse of his official position. It specifically states that he had made illegal appointments to 1,427 posts of assistant engineers and also junior engineers in a bid to fill the SC backlog vacancies. As the Revenue Minister of state from the year 1980, he has amassed a lot of wealth and while totaling the same it amounts to Rs 50,000 crore worth of property the complaint alleges.

A huge complex in Bannerghatta worth Rs 500 crore, a coffee plantation of 300 acres in Chikmagalur worth Rs 1,000 crore, a house worth Rs 50 crore, a Kengeri farmhouse of 40 acres, a building near the M S Ramaiah college in Bengaluru worth Rs 25 crore, a house in RT Nagar, 17 acre land on Bellary Road, a three-storey building in Indira Nagar, two houses in Sadashivanagar and other properties. Further, he is accused of heading several societies and got grants for them. “He had also lied on oath while filing his election affidavit”, the complaint also states.

Source: http://www.nagpurtoday.in/mallikarjuna-kharge-owns-rs-50000-cr-assets-across-cities-including-nagpur-alleges-plaint/12191422 

The murky details of the Essar diaries.... - MoneyLife

The Essar diaries, which are part of an affidavit filed by the Centre for Public Interest Litigation (CPIL) in the Supreme Court of India provides a rare peek into the way influence-peddling by crony capitalists actually works in India. The leak of internal emails by a whistleblower reveals that the top secret Union Budget details were available to Essar in 2012. And why not? The group has enormous funds earmarked to buy these favours. For instance, the emails reveal that Gulfstream jet was sent to Trinamool Congress leaders, including chief minister Mamata Banerjee and a few journalists, at the behest of president Pranab Mukherjee for his swearing-in ceremony.

They indicate that Essar was able to influence the pricing and tax policies of the petroleum & national gas ministry under Veerappa Moily. This is corroborated by a separate investigation and arrests in the ‘corporate espionage’ scandal about purchase of stolen classified documents from the petroleum ministry.

By now it is widely known that the Essar group runs a large public relations (PR) operation to keep key journalists-cum-fixers happy. It generously opened its purse strings to fund a global ‘think-fest’ by Tehelka allegedly as a quid-pro-quo for killing a story against it.

Yet, when successive Reserve Bank of India (RBI) governors express concern at the mountain of bad loans in the system, there is rarely any attempt to plug the brazen manipulation of the system for personal aggrandisement. At the height of Essar’s problems in 1999, the chairman of Bank of India (BOI) sanctioned a fat bailout to a group company on the eve of his retirement. Two months later, he joined the group as an advisor at a fee that was a multiple of his last salary. RBI chose to look the other way and asked no questions.

Soon, every other institution fell in line and wrote off several thousand crores of rupees worth of loans and overdue interest to several group companies.

Again, when Essar Steel defaulted on $250 million floating rate notes it had issued in 1994, it tried hard to force the government to bail it out as though it were a quasi-sovereign default. This was in 1999. Eventually, bondholders received only 24% of the face value of their investment.

One of Essar’s strategies to minimise the public impact of its financial problems is to de-list companies at a low buyback price when there is no more scope to raise funds. In 2010, Essar Energy Plc was listed on the London Stock Exchange at 420p a share.

In 2014, the group bought back the 22% public shareholding at 70p a share, unfazed by the angry backlash. It attempted to de-list Essar Oil and even sent notices to the Indian stock exchanges. Essar Shipping and Essar Ports had also informed stock exchanges that they had the required board approvals to de-list their shares. The group’s shareholders know that Essar Steel was controversially de-listed in 2007 at a low Rs48 per share. Today, when it owes Rs30,000 crore, lenders cannot even hope for an upside by converting loans to equity if commodity prices revive.

The Essar diaries, and leaks, pertain only to a small recent phase, but provide an insight into how this well-oiled system of influence has worked for the past 30 years.  Essar had struck gold with its investment in telecom and had a real chance of cleaning up its act. Instead, it only used it to start borrowing heavily again and run up even bigger debts from Indian banks and institutions.

In fact, telecom and the 2G scandal is the first time that group chairman Ravi Ruia and his nephew Anshuman Ruia are personally facing trial along with several top employees and their three telecom firms—Loop Telecom, Loop Mobile India and Essar Tele Holding. Ravi Ruia, now needs court permission to travel abroad and, on 24th May, an irritated judge asked him not to waste the court’s time with repeated and causal requests for permission.

At the end of April this year, a consortium of 24 banks has a massive exposure of Rs30,000 crore to Essar Steel alone. In May, HDFC Bank decided to take a hit and sold Rs550  crore of its outstanding debt to Edelweiss Asset Reconstruction at a 40% discount. This is a loss of Rs200 crore.

Bank of India’s auditors have asked it to classify its Rs500-crore exposure to Essar Steel as a bad loan. Among its major lenders, State Bank of India (SBI) has an exposure of Rs8,000 crore to Essar Steel and ICICI Bank has an exposure of another Rs6,000 crore.

 Essar Steel’s outstanding of Rs30,000 crore is after it was made to raise Rs4,850 crore through a sale of assets and the promoters were made to pump in Rs1,300 crore under pressure from lenders. It is interesting to note that the money that was allegedly brought in by the promoters is twice its meagre net profit of Rs648 crore in the past financial year.

When the group’s strategy itself is to live off public funding, its financial problems are not limited to Essar Steel. Essar Shipping is also making losses and has reported a consolidated net loss of Rs159.69 crore for the quarter ending 31 March 2015. Essar Ports is also out there seeking relaxed loan terms from its bankers on its existing Rs6,000 crore outstanding to banks and wants money for a fresh investment of Rs3,000 crore.

This does not include the undue benefits running into hundreds of crores of rupees that ‘friendly’ officials gave the group over the years. Here is only one instance. A 2013 report of the CAG (comptroller and auditor general of India) on public sector undertakings lists multiple counts on which Gujarat Petronet officials favoured the group and passed on undue benefits running into hundreds of crores of rupees collectively to Essar group companies—Essar Steel, Essar Power Gujarat Ltd. The amount was over Rs650 crore.

For over a year now, Care Ratings has had a ‘default’ rating on Essar Steel but do you hear the government ordering a forensic audit into how the funds were used or diverted? Any such order can only be an outcome of the Supreme Court litigation filed by CPIL. That Essar’s outstandings can wreck the profits of major banks ensures that they are again working at ‘restructuring’ its loans with tacit support from the government. This is a sordid story of crony capitalism, first leeching off public shareholders and then public sector banks.

The Modi government claims to be keeping businessmen at arm’s length. Prime minister Narendra Modi told a newspaper a few months ago that “my government will make policies, if you fit into it, come on board, or stay where you are. My job is not to spoon-feed anyone.” It is ironic that public sector banks, owned by the government, are continuing with impunity to work at bailing out businesses houses like Essar.

Author- Sucheta Dalal is the managing editor of Moneylife. She was awarded the Padma Shri in 2006 for her outstanding contribution to journalism.
Source- http://www.moneylife.in/article/what-the-essar-diaries-mean/42144.html

Misuse of Law by a Educationally well Qualifed to claim Alimony Deprecated!

The Mumbai family court has pulled up a highly qualified woman for seeking maintenance from her estranged husband.

The court, presided over by principal judge Dr Laxmi Rao, said that the woman was trying to take undue advantage of the law and using it as a shield against her husband.
Its six-page order, given out recently, said that women cannot sit idle and expect money from former partners.

The woman in question was highly qualified, had pursued her MBA, and was working with a private firm as a human resource personnel.

 In 2014, she approached the court seeking a permanent monthly alimony of Rs 25,000 and an equivalent amount of maintenance under Section 24 of the Hindu Marriage Act. The woman claimed that she was forced to leave her job.

Her argument was that since she was not working and was dependent on her parents and her brother, she was bound to get maintenance.

Her husband, who was an engineer, earning a monthly salary of Rs 25,000, opposed her claim. He claimed that the woman deserted him in 2012, filed for divorce in 2013 and approached the court for maintenance in 2014.

For two years, she sat idle, despite being highly qualified, and this was not acceptable, he said.

The Court relied on a Madhya Pradesh High Court judgment in 2000, which had pulled up a woman, who, in spite of being efficient enough, had sought maintenance.

The Mumbai family court judge said: "According to me, Section 24 has been enacted for the purpose of providing monetary assistance to such spouse who is incapable of supporting himself or herself. If the spouse is well qualified, s/he is not expected to remain idle to squeeze out the other... The law does not expect the increasing number of such idle persons, who, by remaining in the arena of legal battles, try to squeeze out the adversary by implementing the provisions of law suitable to their purpose," the court said.

"A lady who is fighting matrimonial petition filed for divorce cannot be permitted to sit idle and put her burden on the husband for demanding pendentelite alimony from him during the pendency of such petition. Section 24 is not meant for creating an army of such idle persons who would be sitting idle waiting for a 'dole', to be awarded by her husband who has got a grievance against her and who has gone to the court seeking relief against her," concluded the order.

Source: http://www.dnaindia.com/mumbai/report-don-t-misuse-law-to-squeeze-out-estranged-huband-court-to-woman-2091027

CCF - Interview with Ms Gill Miller

Exclusive in-house Q&A with Gill Meller, Legal Director and Secretary of MTR Corporation

WHY DID YOU BECOME A LAWYER?

I was inspired by Portia in The Merchant of Venice
WHO HAS BEEN THE BIGGEST INFLUENCE ON YOUR CAREER?

Other than my family - who told me to be the best that I could be at whatever I chose to do in life - the senior partner of my first (and only) law firm and my predecessor as legal director at MTR would be the people I find myself quoting the most
WHAT'S YOUR PROUDEST PROFESSIONAL MOMENT?

When my team get the recognition they deserve
...AND WORST DAY ON THE JOB?

When I had to sing (in Chinese) on stage in front of 1700 people at an annual awards dinner
WHAT MADE YOU CHOOSE IN HOUSE OVER PRIVATE PRACTICE?

The tangible nature of the work and the opportunity to get involved in the business
WHAT'S YOUR STRONGEST CHARACTERISTIC...AND WORST TRAIT?

My strongest characteristics - energy, resilience and an ability to get on with people

My worst trait? That my ability to sing falls far short of my enthusiasm for singing!
WHAT ADVICE WOULD YOU GIVE TO YOUNG LAWYERS STARTING OUT?

Work hard, value experience - watch and listen to people who've done it before - and take risks in your career
WHAT'S THE BEST PART OF YOUR JOB?

The challenge - companies are constantly evolving, the legal and regulatory environment around the world is getting more complex all the time and, increasingly, the public has an expectation that companies will "do the right thing" - and we have to give advice in that context
WHAT IMPRESSES YOU MOST WHEN LAW FIRMS PITCH FOR WORK...?

An understanding of who we are and what we do, and not just by the partners - I want to meet the people who are going to be doing the work and I want them to have that understanding
...AND WHERE DO THEY MOST OFTEN SLIP UP?

By turning up late and blaming the trains...
WHAT'S THE MOST COMMON MISCONCEPTION OF IN HOUSE LAWYERS?

That we have an easy life!
MOST MEMORABLE DEAL YOU EVER HAVE WORKED ON AND WHY?

A project in India, where we had to climb over a cow to get in the office some mornings and onto the roof (through the chairman's toilet) to make international calls on a satellite phone!
DO YOU SEE YOURSELF HAVING A CAREER OUTSIDE LAW?

Never say never...
WHAT'S YOUR FAVOURITE ITEM OF CLOTHING?

If I tell you that I have a shoe cupboard in my office that might give you an idea...
IT'S MIDNIGHT AND YOU'RE IN THE OFFICE FOR THE NIGHT, WHERE'S YOUR TAKEAWAY FROM?

I try not to be in the office at midnight very often
WHAT ARE YOUR DESERT ISLAND DISCS?

Now, this is the most difficult question... I would say (in no particular order) American Pie, The Gambler (you've got to love a bit of Kenny Rogers), She Bangs the Drums (showing my Northern roots), Honky Tonk Women, You Shook Me All Night Long (sorry...), Vissi D'Arte from Tosca (to add a bit of culture), Mr Brightside and Damien Rice's The Blower's Daughter

Source http://www.ccf-hongkong.com

The Supreme Court of India Defends the Village Commons | David Bollier

The Supreme Court of India Defends the Village Commons | David Bollier





While common lands and waters are being stolen by investors and developers the world over, the Supreme Court of India decided it was not going to look the other way. In a bold, surprising ruling, the Court made a sweeping defense of the commons as commons.

In the January 28 decision, the Court held that the enclosure of a village pond in Rohar Jagir, Tehsil, in the State of Punjab, by real estate developers was a totally illegal occupation of the commons. The developers, who were appealing a lower court ruling, had filled in the pond with soil and started building houses on it. The Court ruled in unmistakable terms that the pond/land must revert to the commoners immediately and the illegal occupiers must be evicted. Even more remarkable, the Court held that similar enclosures of common lands elsewhere in India must be reversed even if they have been in effect for years. 


You can read the 12-page decision by Markandey Katju here [pdf file]. Given the ideological capture of American jurisprudence, it is astonishing and inspirational for me to encounter a no-nonsense affirmation of the rights of commoners by the highest court of any nation.

The Indian Supreme Court started by recognizing the ancient history of the commons in India and its vital importance (the paragraphs are numbered in the style of legal documents).

3. Since time immemorial there have been common lands inhering in the village communities in India, varioiusly called gram sabha land, gram panchayat land (in many North Indian States), shamlat deh (in Punjab etc.), mandaveli and poramboke land (in South India) Kalam, Maidan, etc., depending on the nature of the user. These public utility lands in the villages were for centuries used for the common benefit of the villagers of the village such as ponders for various purposes, e.g., for their cattle to drink and bathe for storing their harvested grain, as grazing ground for the cattle, threshing floor, maidan for playing by children, carnivals, circuses, ramlila, cart stands, water bodies, passages, cremation ground or graveyard, etc. These lands stood vested through local laws in the State, which handed over their management to Gram Sabhas/Gram Panchayats. They were generally treated as inalienable in order that their status as community land be preserved. There were no doubt some exceptions to this rule which permitted the Gram Sabha/Gram Panchayat to lease out some of this land to landless labourers, and members of the scheduled castes/tribes, but this was only to be done in exceptional cases.

4. The protection of commons rights of the villagers were so zealously protected that some legislation expressly mentioned that even the vesting of the property with the State did not mean that the common rights of villagers were lost by such vesting. [Editor’s note: This is essentially the same legal principle as the “public trust doctrine” in American environmental law.]

5. What we have witnessed since Independence, however, is that in large parts of the country this common village land has been grabbed by unscrupulous persons using muscle power, money power or political clout, and in many States now there is not an inch of such land left for the common use of the people of the village, though it may exist on paper. (emphasis in original) People with power and pelf operating in villages all over India systematically encroached upon communal lands and put them to uses totally inconsistent with its original character, for personal aggrandizement at the cost of the village community. This was done with the active connivance of the State authorities and local powerful vested interests and goondas. This appeal is a glaring example of this lamentable state of affairs.

The justices proceed to note that the appellants [the real estate developers] “are neither the owner nor the tenants of the land in question,” but “are in fact trespassers and unauthorized occupants of the land…. [who] appear to have filled in the village pond and made constructions thereon.”

When the enclosure of the village pond was brought to the attention of the village Collector, Patiala, he “surprisingly held that it would not be in the public interest to dispossess them,” the Court writes. Instead, the Collector told the commoners to “recover the cost of the land” from the trespassers. “Thus, the Collector colluded in regularizing this illegality on the ground that the respondents have spent huge money on constructing houses on the said land,” the Court writes.

Later in the ruling, as if to emphasize the crime of enclosure, the Court revisits the timeless importance of the commons and the morally offensive, ecologically harmful results of enclosure:

17. We wish to say that our ancestors were not fools. They knew that in certain years there may be droughts or water shortages for some other reason, and water was also required for cattle to drink and bathe in etc. Hence they built a pond attached to every village, a tank attached to every temple, etc. These were their traditional rain water harvesting methods, which served them for thousands of years.

18. Over the last few decades, however, most of these ponds in our country have been filled with earth and built upon by greedy people, thus destroying their original character. This has contributed to the water shortages in the country.

19. Also, many ponds are auctioned off at throw away prices to businessmen for fisheries in collusion with authorities/Gram Panchayat officials, and even this money collected from these so called auctions are not used for the common benefit of the villagers but misappropriated by certain individuals. The time has come when these malpractices must stop.

In the end, the Indian Supreme Court struck down the enclosers’ appeal with a clear declaration that the commons must revert to the commoners:

We find no merit in this appeal. The appellants herein were trespassers who illegally encroached on to the Gram Panchayat land by using muscle power/money power and in collusion with the officials and even with the Gram Panchayat. We are of the opinion that such kind of blatant illegalities must not be condoned. Even if the appellants have built houses on the land in question they must be ordered to remove their constructions, and possession of the land in question must be handed back to the Gram Panchayat. Regularizing such illegalities must not be permitted because it is Gram Sabha land which must be kept for the common use of villagers of the village…. We cannot allow the common interest of the villagers to suffer merely because the authorized occupation has subsisted for many years.

The Court’s ruling is a welcome affirmation of the commons, of course, but its implications for enclosed commons throughout India are uncertain. As a knowledgeable Indian friend of mine noted, rich and poor alike have enclosed common lands in India. In the cases where the rich have built homes on those lands, it may be very difficult as a practical matter to evict them at this point, notwithstanding the Court’s statement, “Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession.” The politics of actualizing the Court's ruling represents a major challenge.

Still, one could have worse problems. For once, the value of the commons and the rights of the commoners have been upheld by the highest court of a major nation. That's amazing. If this ruling catalyzes better management of the commons for the commoners -- and a recognition that the commons has affirmative value, and should not be dismissed as a mere "wasteland" -- it will be a significant achievement.

Pothole Free Road is fundamental right - Bombay High Court

Year 2006-

High Court a two-judge bench in 2006 said, citizens' right to pothole-free roads is a fundamental right under right to life which creates corresponding obligation in all the authorities which are "state" under the Constitution

Year 2013 –

Bombay High Court took the suo motu PIL 
Justice Gautam Patel wrote to Chief Justice Mohit Shah to highlight the plight of motorists and pedestrians in Mumbai given the "pathetic'' condition of its potholed roads.

In a landmark interim order, the Bombay high court held that right to good roads is a fundamental right of citizens under right to life and held that it was the state's statutory obligation to provide good roads.

"It is high time that all concerned clearly understand that a right to have properly maintained roads is a part of the fundamental right guaranteed by Article 21 of the Constitution of India and in the event any loss is caused due to its violation, the citizens have a right to seek compensation,''

Bench directed the civic administrations in Mumbai, Thane and three other municipalities in Thane district, as well as the Mumbai Metropolitan Region Development Authority (MMRDA), Maharashtra State Road Development Corporation (MSRDC) and Mumbai Port Trust (MbPT) to maintain all roads under their control and keep them pothole-free.

The HC laid down a detailed mechanism outlining legal obligations of all the authorities. On the duty to maintain smooth roads, the HC directed that "it is the mandatory duty of municipal corporations and other authorities like MMRDA and MbPT to construct, maintain and improve public streets.''

Citizens have a right to complain about poor roads, especially potholes on the roads.

"There has to be a dedicated website to receive and track complaints and their effective redressal,''
"The third aspect is of the use of proper technology for the construction of the roads, for maintenance and for filling the potholes,''
"The legal obligation of MSRDC is to maintain the roads and bridges in proper condition and to repair the same effectively.

It is its obligation to address the grievances of the citizens and to ensure the same are redressed if not within 15 days, but at least within a reasonable time,''

The HC directed that the BMC and all other authorities must construct roads and fill potholes "scientifically" and while permitting digging of any road, the agency's name and duration must be prominently displayed at the site.

All municipal corporations as well as the MMRDA, MSRDC and MbPT shall provide a mechanism for citizens to complain about poor road conditions through mails and photos at designated centres, toll free numbers, and dedicated websites and SMS services through the year

The HC called for compliance with regard to a set of directions by July 6. The agencies which will have to report back include the BMC, MbPT, the MSRDC and MMRDA.

Source: http://www.realityviews.in/2015/05/bombay-high-court-pothole-free-road-is.html?m=1


Pothole-free roads and properly levelled footpaths are fundamental rights of every citizen, guaranteed under Article 21 of the Constitution, and in the event any loss caused due to its violation, the citizens have the right to seek compensation."

"It is the obligation of the authorities concerned to maintain the footpaths properly levelled and in such a condition that it can be conveniently used by pedestrians. This aspect cannot be taken lightly by any authority," the High Court said.

As of now the BMC has a helpline that operates for just four months (June 7-Oct 7). This, the court held, was not correct. The government and agencies should act on the complaint withing two weeks and post on the websites the action taken report. "Unless there is an effective mechanism provided to the citizens to file complaints they will not be in a position to enforce their constitutional as well as legal right to have well-maintained streets," the bench observed.

The court held that the authorities cannot put the blame on monsoon for the bad roads as the monsoon is normally heavy in the city. It directed the government to file affidavits to state the measures taken to ensure quality of the road maintenance works. It also directed the state and authorities to issue a circular to its officials dealing with the works that the failure to maintain the public roads, footpaths and bridges may lead to loss of precious lives, loss of valuable working hours and fuel, apart from causing inconvenience to the public. The circular should also caution that disciplinary action will be initiated against the erring officials.

The High Court will further hear the matter on July 10.


Source:

http://www.dnaindia.com/india/report-good-roads-a-fundamental-right-onus-on-maharashtra-government-to-ensure-it-bombay-high-court-2087709

ISIS– Largest, Richest $2Billion Terror-Based Enterprise: Financial Sophistication Rivaling Wall Street

ISIS– Largest, Richest $2Billion Terror-Based Enterprise: Financial Sophistication Rivaling Wall Street

Here’s how Phillips said the ISIS oil operation works: ISIS sells oil to consumers in territory it controls, roughly the size of Maryland, inside Syria and Iraq. The terrorist group also sells oil to network of smugglers that developed in the 1990s during Iraqi dictator Saddam Hussein’s rule; that network smuggled oil out of Iraq to Turkey to avoid sanctions imposed by the UN. ISIS also reportedly sells oil, through middlemen, to Assad regime… When it comes to making a fast buck, the Middle East has no shortage of ‘strange bedfellows’ willing to do business with each other…

The growth of ISIS has been quite incredible: They are armed with– modern weapons, large fighting army, and an effective organization. All of which is bought and paid with real money supplied through a highly sophisticated funding strategy… According to Senator Rubio; ISIS’s criminal activities– robbery, extortion, and trafficking– have helped them become the best funded terrorist group in history. The wealth has helped expand their operational capacity and incentivized both local and foreign fighters to join them… ISIS has the resources, weaponry, and operational safe havens to continue to threaten the stability of the region, as well as;  U.S., Europe, other nations’ national security interests…

Erroneous Calculations in Ms Jayalalithaa's Wealth?

Public prosecutor BV Acharya says Jayalalithaa judgement has glaring errors

Source: http://m.ibnlive.com/news/india/public-prosecutor-bv-acharya-says-jayalalithaa-judgement-has-glaring-errors/989624.html

The judge CR Kumaraswamy says that Jayalalithaa had received loans worth Rs 24 crore. But the actual figures come up to only Rs 10 crore, so there is a mistake of about Rs 14 crore, said Acharya.

According to Acharya Jayalalithaa's total disproportionate assets (DA) is Rs 16.34 crore and not Rs 2.82 crore as the High Court judge said. The assets are 76% disproportionate and not just 8.12% as per HC, Acharya said.

BV Acharya, who actually built a very strong case against Jayalalithaa during his previous tenure as the Special Public Prosecutor said, "In page 852, judge says prosecution has not taken into account the income part of accused by obtaining loans from nationalised banks. Have given particulars of loans from different banks from which loans were rejected. The judge says total loans received are Rs 24 crore. There is some mistake in adding up. Actual figure comes to only Rs 10 crore. Thus there is a mistake to the extent of about Rs 14 crore. The DA will come to Rs 16.34 crore, as against Rs 2 crore. Therefore, there is a glaring arithmetical error in terms calculation."

"Fundamental mistake is in totalling 10 items of the loan. Since this glaring mistake has come to my notice, I am considering all options available. If the Supreme Court appeal is decided, this will be an excellent point to prove that acquittal of Jaya is wrong," he added.

When asked if he is asking for stay on the judgment, Acharya said, "It is a matter of deep consideration. I can't say anything positive now."

Milk Adulteration to be Punishable with Life Imp.

In a significant statement with wide implications, the Centre on Wednesday told the Supreme Court that it has formed a highlevel committee to consider if to make the offence of milk adulteration punishable by life imprisonment. It has agreed to the view of the court that the present penalty of six months in jails "was hardly a deterrent" for the menace which was most acute in Delhi and Uttar Pradesh.

An affidavit in the court by Rakesh Nayal, a senior official in the Union health ministry said the panel, headed by R.K. Jain, secretary of the National Disaster Management Authority, and representatives from Food Safety and Standard Authority of India will take a decision within 45 days.

The court had on December 12, 2014 taken serious exception to Centre's refusal to amend the law to make the offence punishable with life term. 

"What are you doing about it? In March we had given an ultimatum to the Centre to inform us if you are amending the law and we are now in December,"

the Bench said when Anurag Tomar, the lawyer for the petitioner in the PIL, pointed out the delay.

"After perusing the reports submitted by various states, prima-facie we are of the opinion that milk is being laced with white paint, caustic soda, detergent, shampoo, urea, starch and blotting paper and the practice is going unabated. The Centre must come out with necessary amendment to the Act with all seriousness to curb adulteration. We hope the government will take appropriate decision during the winter session of Parliament," the court had said.

The Bench had earlier said it would be foolish to go lightly on adulterators just because no grievous illness or death has been reported immediately after someone drinks milk laced with such poisonous substances. 

"The poisoning in the body is gradual and once it happens people think they are afflicted with cancer and nobody blames milk. Are you waiting for them to add cyanide in milk? Only then instant death will be caused for you to take action," 

the court had said.

The Bench suggested an amendment to the law after the Uttar Pradesh government said they faced a hurdle in prosecuting adulterators under the IPC and seeking their life imprisonment after the Allahabad High Court ruled in 2010 that the IPC cannot be invoked when the FSSA should prevail.

Source: India Today

Source: http://indiatoday.intoday.in/story/milk-adulteration-life-imprisonment-centre-health-ministry-supreme-court-rakesh-nayal-fssai/1/416991.html

PIL-WP questioning the Logic of Petroleum Pricing - Hon'ble Karnataka HC issues Notices

The Public Interest litigation (PIL) - writ petition filed in the Hon'ble Karnataka High Court  by NP Amrutesh, and presented by Senior Advocate SP Shankar, has questioned the unreasonable profits made by the government from sale of petroleum products.

And argues in favour of a sharp drop in retail price of diesel, petrol and LPG to benefit the common man. It argues that the cost for such a drop in retail prices could be easily covered by the humongous sale of 166 by-products of crude oil, and has gone on to say that the actual retail price of diesel in Bengaluru comes to Rs 13.35 per litre. 

Acting on the petition, the High Court issued notices to the Union government and its oil marketing companies and agencies.
The petition, says, "Under RTI Act, specific information is obtained in regard to the actual cost of acquisition, cost of cracking, blending and refining as well as cost of transportation from the refineries to the outlets and that the comprehensive cost of 1 litre of diesel at Bangalore is Rs 13.35 paise. Respondents have not furnished the cost of petrol and kerosene in like terms."

Besides the Union government, the high court issued notices to Indian Oil Corporation (IOC), Hindustan Petroleum (HP), Bharat Petroleum (BP) and oil & Natural Gas Commission (ONGC).

The petition alleged that the government was making profits by selling petroleum products like petrol, diesel, kerosene and LPG at a much higher retail price than what they should actually have.

The petition says the government and oil companies are hiding facts about the actual profits. Around 166 by-products are produced from crude petroleum and all of them are sold. The petition says, "When crude is cracked, refined and blended the products that are generated are 166 in number. The number of by-products has now reached 183. Some of these by-products are used as base material in manufacturing of aspirin and brufane. Entire gamut of base for cosmetics is built on petroleum by-products. Automobile and chemicals and fertiliser industries have roots in petroleum products like naphtha. So the government is never a loser in the matter of refining crude and (is) recovering the entire cost from sale of at least 166 by-products. The GOI through its petroleum ministry has a legal duty to make these aspects transparent and to be accountable to the people."

The petition says that instead of making profit out of the common man, the government can keep the prices low. It says, "The fact that sale of 26 by-products meant for industrial use will alone take care of the entire cost of acquisition of crude, its transportation to refineries at various places in India, for cracking the crude and refinement would show that there is no loss occasioned to the oil industry. Further, rest of the by-products are in constant demand in the market. Their sale is sufficient to make profit."

The petition alleges that the Union government was allowing concentration of wealth and material resources in the hands of the oil companies to the detriment and prejudice of the common good.

"The interest of the public at large is ignored in de-controlling and de-licensing sale of petroleum products by oil marketing companies. (The oil companies) cannot be treated as a trading wing or a commercial enterprise but only a service instrument of the Union of India. People of India do not exist and strive for promoting the interest of oil marketing PSUs or political bosses," it says.

Oil companies exposed

The petition cites the Comptroller and Auditor General (CAG) reports and also from the reports of the oil companies to show that the companies never suffered losses. "CAG of India has castigated the State owned fuel retailers namely Indian Oil Corporation Limited (IOCL), Hindustan Petroleum Chemicals Limited and Bharat Petroleum Chemicals Ltd who have overcharged customers from the years 2007-08 to 2011-12 by rupees 26,626 crore, by way of calculating the desired retail price in a manner as if the product was imported by adding customs duty, freight, insurance, ocean loss and wharf-age charges to the prevailing international price of petroleum products," the petition says. "Thus an expenditure never incurred under the headings of L.C Charges, insurance charges, freight, wharfage charges, custom duty and ocean loss, amounting to Rs 50,513/- crores is added to the cost of petroleum products and is passed on to the consumers," it says.

The petition seeks a transparent regulatory mechanism in the matter of sale of petroleum products; a simple cost accounting method of arriving at the selling price namely cost plus margin of profit. The petition says "how the 166 by-products are marketed is not disclosed. There is no transparency or accountability in fixing the price."

The petition, among other things, has sought pricing of petroleum products be as per Constitutional guidelines of a welfare state. It seeks a transparent manner of pricing the products and a court direction to the Union government to commit oil companies to be non-profit-making units. This can be done by considering petroleum a material resource in which earning profit is forbidden, the petition said.

Source - Bangalore Mirror

Law ministry lists ways to reduce backlog - A Rehash of the same old Story?

Seems like an Old Read....
Would have helped if the previous Governments had given it a serious thought to Ramp up the Justice Delivery System in India.

From the Times of India dated:Jan 29, 2015, 06.47 AM IST

The law ministry has drawn up a list of good practices followed by some of the high courts (HC) and circulated them recently to chief justices of all HCs to implement the same as part of a common action plan to bring down pendency of cases, particularly those which are older than five years.

Setting up fast track courts, designating a special day in a week for disposal of older cases and adopting a case flow management system are some of the measures the Centre has suggested to all chief justices of high courts to be adopted for reducing pendency.

The government has also highlighted best innovative initiatives undertaken in many other countries to address the backlog. Encouraging pre-trial proceedings by several countries prior to commencement of the trial, court performance measurement and monitoring and mandatory prior notice in civil cases are some of the initiatives suggested.

In the pre-trial proceedings, followed in some countries, a meeting is arranged in chambers between judge, counsel for accused, and the prosecution and specific issues of trial are narrowed down in order to save time.

Regular assessment and monitoring of performance of courts is an effective way to bring about improved efficiency, transparency and accountability in judicial system. The law ministry suggests this could be done by introducing measurement indicators based on globally accepted benchmarks such as leadership and management, court planning and policies, court resources, court proceedings and public trust and confidence.

The government has also suggested mandatory prior notice in civil cases that would help in speedy trials. For this it has mooted a provision similar to section 80 of the Civil Procedure Code (CPC) for all categories of civil cases.

Section 80 of the CPC requires that a litigant must give two months' notice to the concerned party. The government thinks introducing this guideline by the court would help in curtailing unnecessary litigation.

Among the good practices followed by some of the HCs, the Allahabad HC has come in for praise for organizing Lok Adalats regularly during weekends. More than 3.22 lakh cases have been settled in 766 Lok Adalats in the state during March-June 2014. The largest HC in the country has also set up 171 reconciliation and mediation centres in districts with the help of the state government.

These mediation centres have settlement rates of 26%. The HC has also proposed to set up 81 fast track courts for trial of rape cases.