No absolute right to seek Regularisation of Contract Workers - says Kar HC

Contractual workers do not have a right to seek regularisation or absorption, the High Court has said, dismissing the petition by 205 taluk nodal officers of the Rajiv Gandhi Rural Housing Corporation Limited, a company under the Housing Department of Karnataka.

In November 2015, the Corporation issued relieving letters to the existing nodal officers and a new order of contract. These were challenged by the officers who were relieved from service.

Justice Raghvendra S Chauhan gave his judgement recently. The question answered by the judgement was whether the TNOs "can claim the right to be absorbed or regularised in the service of the corporation or not?".

These TNOs were appointed on contractual basis for a period of two years from 2011. They continued in service for six years and approached the court when the corporation decided to review the works of TNOs and enter into a fresh contract by imposing fresh conditions. The existing TNOs were to be relieved before this process.

Dismissing the petition, the HC said,

"From day one, they were very well aware of the fact that their appointment was a temporary one; with the efflux of time, the appointment would come to an end. Merely because their services were continued for a further period of six years, would not, and does not, change the nature of their appointment from temporary appointment to quasi-permanent one. Such continuation neither creates a legitimate expectation of being absorbed or regularised by the government, nor bestows equity in their favour."

Source:  http://bangaloremirror.indiatimes.com/bangalore/others/Contract-workers-need-not-be-regularised-Karnataka-High-Court/articleshow/60987389.cms

ADVISORY ON "BLUE WHALE CHALLENGE GAME"

ADVISORY ON "BLUE WHALE CHALLENGE GAME"

Blue whale game (The suicide game) is abetment to suicide. It is understood through various internet reports that it is shared among secretive groups on social media networks. The creators seek out their players/victims who are in depression and send them an invitation to join. The basis of the challenge is that an anonymous “group administrator,” otherwise known as “the curator,” hands out 50 tasks to selected “players” that must be completed, documented and posted during a 50-day period. Players of the challenge can’t stop playing once they’ve started; they are blackmailed and cyber bullied into completing the “game”.

Look out for following Signs and symptoms:

Becoming withdrawn from friends and familyPersistent low mood and unhappinessChild seems to be worried that stops him from carrying out day to day tasksSudden outbursts of anger directed at themselves or othersLoss of interest in activities that they used to enjoyVisible marks like deep cuts or wounds on any part of the body of the child.

How to protect your child from this game:

Check in with your child, ask how things are going. Ask if there have been things stressing them, or anything that has them worried. If your child is talking about any level of distress, do not hesitate to ask them about changes in mental health.Unless there is reason to believe your child already knows of or has played the game, don't discuss about the Blue Whale game. By doing so, you increase the chance that your child will search for it on their own.Monitor your children's online and social media activity to ensure they are not engaging with this game.Keep your eyes open for:Unusually secretive behaviour, mostly related to their online activityA sudden increase in the time they spend online, especially social mediaThey seem to change screens on their device when approachedThey become withdrawn or angry, after using the internet or sending text messagesTheir device suddenly has many new phone numbers and email contactsInstall a good cyber/mobile parenting software which helps them in monitoring your children.Parents should take reports from child counsellor present in the school at regular intervals.If you fear your child may be at risk, get professional help right away.Remind your child that you are there and will support them as they face life challenges.

For further information, You may visit the following URLs :

(a) http://ncpcr.gov.in/showfile.php?lang=1&level=1&sublinkid=1267&lid=1499(link is external)

(b) http://infosecawareness.in/Know-About-Blue-Whale-Suicide-Game(link is external)

(c) http://unicef.in/Uploads/Publications/Resources/pub_doc148.pdf0 bytes

(d) http://goapolice.gov.in/documents/adv.pdf0 bytes

(e) http://meghalaya.gov.in/megcms/sites/default/files/press_release/Press%20Release_0.pdf0 bytes

 

 
Dated. 12-09-2017

Source:- http://meity.gov.in/advisory-blue-whale-challenge-game

Fake Social Media Message Alert!

These days the following message has been doing the rounds in social media, especially WhatsApp.

Even some of the lawyers have been forwarding the same, without verifying its veracity.

This is the message:

Very useful info...please read it..
Accidental Death & Compensation:
(Income Tax Return Required)
If a person has an accidental death and the person was filing income tax returns for the last three years, then the government is obliged to give ten times the average annual income of the last three years to that person's family.
Yes, you will be surprised by this, but this is right and it is Government rule. For example, if someone's annual income is  4 lakh 5 lakhs and 6 lakhs in the first, second and third years respectively, its average income is ten times of five lakhs.. means five million rupees, family of that person is entitled to receive from the Government.
In the absence of much information, people do not take this claim with the Government.
If any return is missing, mainly last three years, this could lower the claim amount or even no claim because court takes ITR as only evidence. NO wealth record, FD's; business etc. is given that much importance as compared to ITR in the eyes of law.
Many a time,  people do not file ITRs regularly..or it will be taken lightly..
Due to lack of information the family receives no economic benefits.

Source - forwarded
Section 166 of the Motor act, 1988 (Supreme Court Judgment under Civil/ Appeal No. 9858 of 2013, arising out of SLP (c) No. 1056 of 2008) Dt. 31 Oct.  Venki Indore

The above news claims that, to get compensation in case of road accidental death, it is mandatory for the deceased victim  to have filed his/her Income Tax (IT) returns for the last 3 years. Else the claimants will not be eligible to get any compensation.

As per analysis, this is a fake news.

In the case referred above, the Honourable Supreme Court of India has passed orders with respect  to Section 166 of Motor Vehicle Act.

Read the order by clicking on the below link -

http://sci.nic.in/outtoday/ctorders/sc105608.pdf

Or,

https://indiankanoon.org/doc/127361556

There is nowhere mentioned that IT returns is mandatory to get compensation.

Source:
http://www.ayupp.com/social-viral/road-accidental-death-compensation-income-tax-returns-required-14980.html

Killer Potholes - Who is responsible?

The dialogue on Killer Potholes has started after the unfortunate death of the Lady Biker or Bikerni Jagruti Hogale, And should continue till this is resolved.

Why IndianPenalCode Section 304A cannot be made applicable to Civic Bodies?

Why is Causing death by Negligence by Civic bodies, National Highway Authorities and Road Contractors not punishable?

This is a 2015 Link on #KillerPotholes of India... .

If a doctor can face legal action for malpractice or negligence, and a manufacturer of a product be held liable for its poor performance, why can’t civic bodies be held responsible for road accidents that occur due to their negligence?

Priti Prasad of Ambarnath (in Mumbai’s metropolitan region) and Om Prakash of Bengaluru have been treated as culprits instead of victims despite one having lost a mother the other his wife. Both were riding their respective two-wheelers with a person riding pillion. And both crashed because of potholes on the road.

The law should have helped the survivors of the crash by punishing the culprits. But in both cases, the police went after the wrong person. Who then are the real culprits?

The civic authorities whose job is to maintain the roads and the contractors who laid the roads. In both cases, they obviously fell short. Instead those who were riding the vehicles have been faulted and booked.

A lurching halt in a pothole, even at a prescribed speed, can unseat the rider. The pillion rider has no control and risks falling which could lead to injury and death. The question of speeding here is not as relevant as the criminal liability of not maintaing the roads.

Priti Prasad tried to do the right thing by going to the heart of the matter. She argued that it wasn’t her driving at fault, but the pathetic condition of the road she was forced to use. The Ambernath police refused to register the FIR she was keen to file in order to target the contractor. She should ideally have listed the Ambernath civic body as well.

Standards are often ignored when building roads and sometimes a bad job is done to ensure that subsequent pothole repair contracts are secured as well. Each monsoon is a trigger for renewed loot.  In Mumbai, the high court has had to weigh in on behalf of the citizens, asking the civic body to ensure good roads and keep them pothole-free. It hasn’t become reality yet though.

Civic bodies, being impersonal and therefore insensitive, take these regular raps on the knuckle in their stride and provide sworn affidavits about how they will correct themselves.  The point is they don’t. Even Ganapati, the deity of Maharashtrian, has to worry if he can be brought in safely from the workshop and then taken for immersion without risking injury due to a pothole.

Perhaps the law of torts, whereby they are required to pay for damaged caused, would be the best way to cure the civic bodies of their habitual neglect. Suppose Prakash and Prasad take on the civic bodies by making a demand using torts, and seeking a corrective for a wrong done, it would be a nice start.

Given the number of potholes, not just on any city’s badly-kept roads but on toll-funded highways as well, authorities will have to reckon with the loss of finances and the need to have a separate department to deal with the cases. But they have to get the message that the city is run on tax-payer’s money.

It’s not enough to just have a civic body to provide employment to some and political opportunities to others. It would be a good idea if the accident laws were enabled to provide succour by levying the burden of compensation on the agencies.

Normally the person responsible for a road accident pays through insurance companies. So why not the civic bodies given they are the principal cause of accidents?

Source - http://www.firstpost.com/india/killer-potholes-of-india-civic-bodies-should-have-to-pay-up-for-the-deaths-they-cause-2444758.html

Slideshow on India's Killer Potholes: http://m.ndtv.com/photos/news/indias-killer-potholes-15625#&ui-state=dialog

Even as radio jockey Malishka and radio channel Red FM 93.5 are embroiled in a controversy with the Municipal Corporation of Greater Mumbai (MCGM) over a satirical video about the bad condition of the city roads, almost 29 accidents per day, or one accident every 50 minutes, were reported due to potholes across the country between 2013 and 2015, according to this reply by the Ministry of State for Road Transport and Highways to the Rajya Sabha (upper house of Parliament) on March 27, 2017.

As many as 10,876 road accidents due to potholes were reported across the country in 2015, the latest figure available. The data for 2016 are yet to be compiled, according to this reply by the ministry to the Lok Sabha (lower house of Parliament).

Over three years, 31,681 accidents were reported due to potholes.

Source - https://www.indiaspend.com/viznomics/killer-potholes-29-accidents-reported-every-day-over-3-years-81157

A brilliant artist Baadal Nanjundaswamy hit national headlines after he planted a life-sized crocodile in the middle of a road after BBMP failed to repair a pothole. His efforts paid off and the city corporation filled up the pothole in just a day after the pictures went viral. A few weeks later Badal Nanjundaswamy drew a butterfly net around a pothole to wake up authorities! Again the red faced civic authorities immediately swung into action and filled up the potholes.
The location of Bengaluru is also partially responsible for the bad condition of roads. It is located 3000 feet above sea level and receives a lot rain. Since the rain leads to water logging, asphalted roads crack, creating potholes. However, the bad quality of work is the main reason for the ever increasing number of potholes across the city.
According to an estimate, there are 2,631 potholes in the city. It states that 910 potholes had come up on roads that are still under the defect liability period. Sources said that if there is any defect/pothole on the road when it is under the defect liability period, the contractor is liable to repair the same at his/her cost.
According to ‘The Hindu’ the report also states that there are 1,721 potholes on other roads, mainly arterial and sub-arterial ones. Sources said that a tender to fill the potholes on these roads would be called soon. The BBMP had earlier stated that a fine of Rs. 2,000 would be levied on contractors for each pothole.
In the last five years the BBMP has spent over Rs 100 crore to repair potholes across the city. However the potholes refuse to vanish. It clearly shows that the major portion of the spent has been siphoned off by the concerned people. Currently the BBMP is bankrupt, unless the Congress state government in Karnataka which snatched BBMP from the BJP releases generous funds for the road work, potholes continue to exist. Making Bengaluru is potholes free city should be the top priority of the BBMP and state government. Apathy kills.

Source - http://www.news18.com/news/india/killer-potholes-of-bengaluru-tragic-deaths-apathy-of-the-government-1106602.html

Filling up potholes is Mumbai man’s tribute to his son. - http://www.hindustantimes.com/mumbai/filling-up-potholes-is-mumbai-man-s-tribute-to-his-son/story-3Y1UQVIEQbir6KSwFrM5VM.html

In July 2015, Billhore’s son Prakash, 16, died when the bike he was riding hit an 18-feet wide water-filled pothole on the Jogeshwari-Vikhroli Link Road. Prakash was driving back home from college with his cousin

"The trench was made to repair burnt cable wires underground but was not covered after they were repaired. I lost my son due to negligence of civic authorities,” said Billhore.
Now, Billhore, 46, has made it his mission to highlight the callous way in which the municipal corporation maintains the city’s roads.
“Filling up potholes is a tribute to my son who was a bright student and was the hope for a better future of our family,” Billhore said.
Every Sunday, he and his two friends scout around Andheri looking for potholes and filling them up with sand or pebbles."

After the accident, the Aarey police station registered criminal cases against a municipal officer and an engineer from a private power company. The two were held guilty under section 304A (causing death due to negligence) and section 338 (act endangering life and causing grievous hurt). They have got anticipatory bail.
“The charge sheet will be filed this week and we expect court proceedings to begin soon,” said Vilas Chavan, senior inspector from Aarey police station.

#KillerPotholes

12 Companies on the threshold of Insolvency

The Reserve Bank of India (RBI) last month asked creditor banks to begin insolvency proceedings against 12 of the country's biggest loan defaulters, and subsequently mandated that the banks would need to make provision for up to 50 percent of the amount of soured loans.

The 12 companies account for 1.78 trillion rupees ($27.7 billion) in non-performing bank loans, according to RBI data.

Banks had total non-performing loans of about 7.29 trillion rupees, or 5 percent of the gross domestic product, as of end-March.

India Ratings, an affiliate of Fitch Ratings, estimated the current average provisioning towards those 12 accounts at 42 percent, adding the extra provisioning needed would reduce the profits of creditor banks by about a quarter in the financial year to March 2018, and will need to make additional provisioning of at least 180 billion rupees ($2.8 billion).

Source - http://www.firstpost.com/business/banks-need-at-least-2-8-billion-extra-provisioning-for-bankruptcy-cases-india-ratings-3826585.html/amp

Lack of judicial reforms pulls down India's ranking - Times of India

A World Bank assessment on the performance of India on ease of doing business shows the largest democracy lags behind many of the sub-Saharan African countries and the east Asian nations in `enforcement of contract' largely due to the inefficient judicial system which has failed to keep up with the technological revolution that has changed the pace of the justice delivery across the world.

Giving the example of Rwanda, it says the African country has implemented the integrated electronic case management system across all courts which allows for an automatic registration of lawsuits, electronic organisation and scheduling of cases and automated claims processing. Many of the sub-Saharan African countries have done better than India, which has failed to implement crucial judicial reforms when it comes to implementing the electronic case management system. Some of the basic services such as summons are still being served using the antiquated practice. The law on adjournments is not followed in 50% of cases across courts while there is hardly any adherence to the timeline fixed for resolution of disputes, as per the findings.

An evaluation of the court structure and proceedings by the World Bank, while ranking countries on ease of doing business in its 2017 report, has painted a very grim picture for India compared to many of the sub-Saharan African countries that have done better by adopting a set of good practices, including case management, court automation and alternative dispute resolution--some of the parameters which resulted in India being ranked overall 130 among 190 countries.

The report refers to lack of electronic case management system for lawyers and judges in the courts dealing with commercial disputes in Delhi and Mumbai. There is no provision for pre-trial conference in these courts. "In addition, as the complaints cannot be filed electronically be fore the competent court and the documents cannot be served electronically , we were not given any points on that front," a government task force has observed on why India has been ranked so low in the World Bank's ease of doing business. In India, as far as commercial disputes are concerned, the complaint cannot be filed electronically in the absence of a platform within the competent court.It is not even possible to carry out service of process electronically for claims filed before the court. Only the court fees can be paid electronically and the judgments can be accessed online.

Source-
http://m.timesofindia.com/business/india-business/lack-of-judicial-reforms-pulls-down-indias-ranking/articleshow/59010558.cms

Call for Papers for the One Day Workshop On Real Estate Regulatory Authority And Benami Law

Chair on Urban Poor and The Law along with the Environmental Law Clinic Of National Law School Of India University are organizing a One Day Workshop On Real Estate Regulatory Authority And Benami Law.

Who can attend?

Advocates, CREDAI, Management/ representatives of real estate organization, consultants working in real estate sector, contractors, builders, Architects, Academicians, Research scholar, law students, any others interested in the workshop.

Registration Details

The Registration fee for the Seminar is Rs. 1000/- for delegates and paper presenters, both author and co-author should pay. Registration will be confirmed only on receipt of payment.

Last Date For Registration is  5th June, 2017.

Both author and co-author to pay the registration fees.

Sub-themes

Economic Reforms and Real Estate Sector

Real estate and Urbanization

Pre and post impact of RERA

RERA and Benami transactions

Consumers/customers and RERA

Real Estate Agents

Unethical practices in the Real Estate Sector.

Submission Deadline

Last Date For Sending Abstracts : 5th June, 2017.

Submission Procedure

Abstracts of maximum 500 words to be sent in soft copy to baba@nls.ac.in

Contact

Dr. Sairam Bhat, Associate Professor of Law National Law School of India University, Bangalore

Email: bhatsairam@nls.ac.in

Source: NLSIU website

A silent Regular Blood donor .... Guess who?

40 ವರ್ಷಗಳಿಂದ ಪ್ರತಿ ಮೂರು ತಿಂಗಳಿಗೊಮ್ಮೆ ರಕ್ತದಾನ ಮಾಡುತ್ತಿರುವ ಸುಪ್ರೀಂಕೋರ್ಟ್ ಮುಖ್ಯನ್ಯಾಯಾಧೀಶರು..!

Since 40 years, every three months the Hon'ble Chief Justice of India has been donating blood.

ನಮ್ಮ ಸಮಾಜದಲ್ಲಿ ರಕ್ತದಾನ ಮಾಡುವವರ ಸಂಖ್ಯೆ ತುಂಬಾ ಕಡಿಮೆ ಎಂದು ಹೇಳಬಹುದು. ಯಾರಾದರೂ ತಮ್ಮ ಕುಟುಂಬ ಸದಸ್ಯರು, ಬಂಧುಗಳು, ಸ್ನೇಹಿತರಿಗೆ ಅವಶ್ಯಕತೆ ಇದ್ದರೆ ಮಾತ್ರ ರಕ್ತದಾನ ಮಾಡುತ್ತಾರೆ. ಯಾರೋ ಕೆಲವರು ಇದಕ್ಕೆ ಭಿನ್ನವಾಗಿ ಯೋಚಿಸುತ್ತಾರೆ. ಅಂತಹ ಕೆಲವರಲ್ಲಿ ಅವರು ಒಬ್ಬರು. ಆದರೆ ಅವರು ಸಾಧಾರಣ ವ್ಯಕ್ತಿಯಲ್ಲ. ಭಾರತದ ಸರ್ವೋಚ್ಚ ನ್ಯಾಯಾಲಯದ ಮುಖ್ಯ ನ್ಯಾಯಾಧೀಶ. ಅಂತಹ ಅತ್ಯುನ್ನತ ಪದವಿಯಲ್ಲಿದ್ದು ಸಹ ರಕ್ತದಾನ ಮಾಡುವುದನ್ನು ನಿಲ್ಲಿಸಿಲ್ಲ.

Not everyone in India willingly or of his own accord consents for blood donation, unless the life of a friend or relative is at stake.
But the Chief Justice of Supreme Court o India, has set an example for all of us.

ಎಷ್ಟೇ ಉನ್ನತ ಸ್ಥಾನದಲ್ಲಿದ್ದರೂ ಪ್ರತಿಯೊಬ‌್ಬರು ತಮ್ಮ ಕನಿಷ್ಠ ಸಾಮಾಜಿಕ ಜವಾಬ್ದಾರಿಯನ್ನು ಮರೆಯಬಾರದೆಂದು  Chief Justice ಜಗದೀಶ್ ಸಿಂಗ್ ಹೇಳುತ್ತಾರೆ.
He says everyone should have a Basic or Minimum sense of Social Responsibility irrespective of his position  or status in life.

ಇವರಿಗೆ ವಯಸ್ಸಾದರೂ ಸಹ ರಕ್ತದಾನ ಮಾಡುವುದನ್ನು ನಿಲ್ಲಿಸಿಲ್ಲ.  ಇವರನ್ನು ಎಲ್ಲರೂ ಆದರ್ಶವಾಗಿ ತೆಗೆದುಕೊಂಡರೆ ಎಷ್ಟೋ ಜನರ ಬದುಕಿನಲ್ಲಿ ಬೆಳಕು ತಂದವರಾಗುತ್ತವೆ.

Despite his age and attaining the highest Constitutional Position CJ Jagadish Singh Kehar has not stopped Blood Donation. He is a role model for everyone.

ಇನ್ನೊಂದು ವಿಷಯ… CJ ಜಗದೀಶ್ ಸಿಂಗ್ ಹಾಗೆ ರಕ್ತದಾನ ಮಾಡುವುದನ್ನು ಯಾರಿಗೂ ತಿಳಿಸಿರಲಿಲ್ಲ.

This fact came to light just recently when the CJ had been to AIIMS Delhi to donate blood as usual, and was not known in thepublic realm all these years.

Source - https://kannada.ap2tg.com/supreme-court-chief-justice-participating-in-blood-donations-from-40-years/

On ISRO achievements - Proud being Indian.

A social media Forward :

Credits to the Author.

As usual the whites trolled India's achievement of launching 104 satellites but they were put in place by one amongst them:

Volsted Gridban:
Send up all the rockets you want, you still don't have a pot to p!ss into. End your poverty first.

Gobshyte:
Why all the fuss, its easy to put a satellite into space ...I mean its hardly rocket science is it?

Matt Daley:
No money to carry on the struggle against public defekation, cholera, starvation and endemic street begging, then?  Ah well, nice to see India has its priorites right once again!

peter.aremone:
Dear Condescending Brits,

It is great to see you loathing in hatred against India's achievements, not too long ago you took pride in calling yourself the No.1 Enslaver of the planet & built your ENTIRE wealth on the massacre & loot of tens of millions of Indians. Turning the richest, most educated nation on Earth back then into a cesspool of poverty, death, hunger & illiteracy while fattening yourselves & your children.

Now without colonizing any nation, India is back in the game purely by her own merit & hard work while you, the British are stuck with your school going daughters being groomed & chewed like chicken kebabs by Pakistani gangs whom you prefer to appease while abusing India & Indians who are the highest educated people in UK & also the ones who qualitatively pay the most tax & are least likely to live on welfare than ANY other ethnicity including the White ethnicity.

Regarding Aid to India, if India merely asks back its wealth, Britain will have to toil for 50 years merely to pay India back its stolen wealth (without interest), yet India has told UK to its face to stop giving aid which mostly goes to shady criminal activities by Christian missionaries.

http://www.telegraph.co.uk/news/worldnews/asia/india/9061844/India-tells-Britain-We-dont-want-your-aid.html

As India rises Scientifically & Technologically, Britain has fallen way beneath the feet of Germany in terms of Technology & Science, a nation that was razed to the ground after losing WW2 (rightly so).

India's space program helps alleviate poverty by being the only profitable space program on Earth currently as well as launching people oriented satellite projects that help poor farmers, poor fishermen, miners, students, scientists, professionals.
The materials engineering innovations by India's ISRO (Indian Space Research Organization) provides state of the art Prosthetic limbs FREE OF CHARGE to millions of Handicapped human beings not just in India but other poor nations as well - while UK sits on its fat posterior with an ever fattening population whilst a failing economy with NO space program at all to speak of to spearhead innovation & STEM education in UK.

Remember dear Brits, India's TATA is the largest private employer in the UK & India is the 3rd largest investor in UK - India is actually providing jobs to millions of Brits whilst NOT looting you, NOT plundering you, NOT colonizing you DESPITE you having done worse on tens of millions of Indians.

If you have any self-respect, you will congratulate India for its meritorious achievement & try do something yourself off it, or else it is better to be quiet & let others think you are not stupid than open your mouth & allay all doubts.

Ram Jethmalani on P Chidambaram - Sunday Guardian

Adv. Ram Jethmalani writes:

"Chidambaram cannot get black money out of his blood. Dr Subramanian Swamy has clearly stated in his website, "I now have further information from my usually reliable sources in the Union Government that the tapping of Finance Minister Mr. Pranab Mukherjee and his close associate in the Ministry, enabled Mr. Robert Vadra the son-in-law of Ms. Sonia Gandhi and Mr. Karthik son of Mr. P. Chidambaram, to use the data thereby collected to manipulate and rig the Mumbai stock market. Earlier these data were directly provided by the then Finance Minister Mr. Chidambaram. I demand that the SEBI be asked by PM to initiate 'Insider Trading' investigation and prosecution of Mr. Vadra and Mr. Karthik."

If what is put out by Dr Subramanian Swamy is false why doesn't Chidambaram sue him?"

Source:- http://www.sunday-guardian.com/analysis/friend-father-a-philosopher-of-black-money-is-chidambaram#.WK0tdharR1x.twitter