Monday, November 01, 2010

Legal News – Weekly Newsletter for November 1-1, 2010

Monday, November 1, 2010


Mahesh Bhupathi’s plea on tax relief dismissed

NEW DELHI – The Supreme Court Monday dismissed a petition by Indian tennis ace Mahesh Bhupathi seeking tax relief on Rs.28,50,000 which he said his father spent on his training from 1989-90 to 1993-94.

Mahesh said that, as per the memorandum of understanding between him and his father C.G.K. Bhupathi, he has to pay annual …. Source article on Gaea Times at  : Mahesh Bhupathi’s plea on tax relief dismissed.

Supreme Court adjourns Vodafone plea on income tax order

NEW DELHI – The Supreme Court Monday adjourned the hearing on a petition by Vodafone challenging an income tax department order asking the telecom giant to pay Rs.11,218 crore ($2.5 billion) tax.

The matter will come up for hearing Nov 15. The apex court bench headed by Chief Justice S.H. Kapadia said they needed to … Original source on Gaea Times at : Supreme Court adjourns Vodafone plea on income tax order.

PETA ‘might face lawsuit over naked models ad’

LONDON – PETA – People for the Ethical Treatment of Animals – is in a row with UK film-maker Victor Schonfeld who has alleged that the organization used his film footage without consent.

Peta has been threatened with a lawsuit in the UK by Schonfeld, a film-maker credited … Read this article on Gaea Times at : PETA ‘might face lawsuit over naked models ad’.

Iraqi politician wants PM’s role probed

BAGHDAD – A leading Iraqi politician demanded Sunday an investigation into any connection between Prime Minister Nuri al-Maliki and torture operations in Iraqi prisons, in the wake of the release of Pentagon documents published by WikiLeaks at the weekend.

“We have to look into the nature of those documents, to make sure of their correctness,” … Original article on : Iraqi politician wants PM’s role probed.

Iraq abuse allegations must be probed: Britain

LONDON – Britain Sunday said allegations of killing of civilians and torture of detainees in Iraq made in leaked US documents posted on WikiLeaks must be properly probed, a media report said.

Deputy Prime Minister Nick Clegg, who has previously said he believes the Iraq war was “illegal”, said it was up to the US …. Read the original article  : Iraq abuse allegations must be probed: Britain.

Focus on scavengers’ rehabilitation, government urged

NEW DELHI – Hailing the National Advisory Commission’s (NAC) recommendation to “fully abolish” manual scavenging in the country by 2012, social activist Bindeshwar Pathak Sunday said the government should also focus on rehabilitating the scavengers.

“It’s an encouraging news and a great step towards the betterment of human scavenger’s future. We’ll have to bring them …. Read the original article  : Focus on scavengers’ rehabilitation, government urged.

Delhi airport told to cut noise pollution

NEW DELHI – The Delhi High Court has granted more time to the central government to find out what more can be done to reduce the noise level near the Indira Gandhi International Airport (IGIA) here.

After hearing a plea of the residents near the airport, Chief Justice Dipak Misra and Justice Manmohan said … Read more »»».

Court tries to reunite feuding brothers

SHIMLA – This Diwali will witness a reunion of three feuding brothers who have not been on talking terms over a property row in Himachal Pradesh for the past two decades.

In an order reflecting the humane side of law, the Himachal Pradesh High Court has tried to bring the brothers together before settling the …. Read the original article  : Court tries to reunite feuding brothers.

China asked to release jailed Nobel laureate Liu

NEW YORK – Fifteen Nobel Peace Prize laureates have asked Chinese President Hu Jintao to release Liu Xiaobo, 2010 winner of the prize, and to free his wife, Liu Xia, from house arrest, the Freedom Now movement said Monday.

The 15 laureates said in a signed letter to the Chinese president last week that releasing … Read the original article on Gaea Times at : China asked to release jailed Nobel laureate Liu.

Website gives personal details of Shanghai firms’ bosses

BEIJING – The privacy of over 60,000 company bosses in China’s Shanghai city is in peril after their personal details were displayed on a website.

By typing the words “Shanghai company bosses” into the search engine of the Baidu’s testing database, wenku.baidu.com, a surfer can get detailed information on local companies and their senior officials, … Read more : Website gives personal details of Shanghai firms’ bosses.

Amar Singh, Jayaprada’s plea hearing adjourned to Nov 9

NEW DELHI – The Supreme Court Monday adjourned till Nov 9 the hearing on a petition by actor-turned-politician Jayaprada and former Samajwadi Party leader Amar Singh challenging the provisions of the anti-defection law.

The law empowers a political party to seek the disqualification of its members from a legislature if they have been expelled … Original source on Gaea Times at : Amar Singh, Jayaprada’s plea hearing adjourned to Nov 9.

Emaar-MGF moves court against DDA on bank guarantee

NEW DELHI – Emaar-MGF, the private firm which developed the Commonwealth Games Village, Monday moved the Delhi High Court against the central government’s direction to the Delhi Development Authority (DDA) to confiscate the company’s Rs.183 crore bank guarantee.

The guarantee was furnished by the builder before taking up the construction of 1,168 flats in …. Source  : Gaea News Network.

Delhi government, police get notice on labourer’s death

NEW DELHI – The National Human Rights Commission (NHRC) Monday issued notices to the Delhi government and police on the death of a labourer while he was cleaning a sewer without the necessary safety kit.

Taking cognizance on its own of a media report, the rights panel has asked for reports from Delhi Chief Secretary … Original source on Gaea Times at : Delhi government, police get notice on labourer’s death.

‘US handed over detainees to Iraqi torture squad’

LONDON – Newly-leaked US military documents posted on WikiLeaks have revealed that American troops in Iraq handed over captives to a notorious Iraqi torture squad, a media report said Monday.

The 400,000 classified logs published by the whistle-blower website Saturday contain an official account of deliberate threats by a military interrogator to turn his … Read more : ‘US handed over detainees to Iraqi torture squad’.

Rashtrawadi Shiv Sena demands construction of Ram Mandir in Ayodhya

NEW DELHI – Rashtrawadi Shiv Sena, a radical Hindu group, staged a demonstration here, demanding that the government pave the way to construct a temple in Ayodhya following the Allahabad High Court’s verdict on the Ramjanmabhoomi-Babri Mosque title suit.

A three-judge bench of the Allahabad High Court had ruled on September 30 that the Ramlala idol …. Source article  : Rashtrawadi Shiv Sena demands construction of Ram Mandir in Ayodhya.

Satyam scam: Court dismisses discharge plea of nine accused

HYDERABAD – A local court Monday dismissed discharge petitions of nine accused in the multi-crore rupee accounting scam in Satyam Computer Services.

The discharge petitions filed by all the accused, barring prime accused former company chairman B. Ramalinga Raju, were dismissed by an additional chief metropolitan magistrate (ACCM) court after hearing the arguments of both …. Source article  : Satyam scam: Court dismisses discharge plea of nine accused.

Over 60 or transgender? Get free legal aid in Haryana

CHANDIGARH – All senior citizens and transgenders in Haryana will now be eligible to get free legal services, an official said here Wednesday.

Haryana State Legal Services Authority (HALSA) member-secretary H.S. Bhangoo said the state government has amended the Haryana State Legal Services Rules, 1966, to include senior citizens and transgenders in the list of …. Original source  : Over 60 or transgender? Get free legal aid in Haryana.

Jharkhand lawyers boycott courts

RANCHI – The Jharkhand High Court lawyers Wednesday boycotted courts to protest against the “unparliamentarily remarks” by some judges.

The advocates Tuesday decided to boycott the courts of all the 11 judges from Wednesday to protest against the unparliamentarily remarks made by some of them, Jharkhand High Court Advocates Association leader Mantu Gope told IANS. …. Source article on Gaea Times at  : Jharkhand lawyers boycott courts.

Shutdown in Guntur for high court bench

HYDERABAD – The agitation to demand an Andhra Pradesh high court bench between Guntur and Vijayawada intensified Wednesday with a shutdown in Guntur district.

The shutdown, called by lawyers and supported by all political parties, evoked good response.
Shops, business establishments and educational institutions were closed while few vehicles were seen on the roads …. Read the original article  : Shutdown in Guntur for high court bench.

Compensate Nandigram firing victims: Supreme Court

NEW DELHI – The Supreme Court Wednesday asked the West Bengal government to pay compensation to all the victims of Nandigram police firing in 2007.

The state government told the apex court that it had paid compensation only to those who were not involved in violence against the police.
The apex court bench, headed … Read this article on Gaea Times at : Compensate Nandigram firing victims: Supreme Court.

Glaxo settles tainted drugs suit for $750 mn

WASHINGTON – British pharmaceutical giant GlaxoSmithKline (GSK) will pay $750 million to settle a US government lawsuit related to the manufacture and sale of adulterated drugs, the US Justice Department said Tuesday.

GSK was accused of manufacturing and selling certain adulterated drugs that were made at its now-closed facility in Cidra, Puerto Rico.
Among the …. Original article on Gaea Times at  : Glaxo settles tainted drugs suit for $750 mn.

No patch up between Modi and BCCI, apex court told

NEW DELHI – The Supreme Court was Wednesday informed that efforts for a patch up between former Indian Premier League (IPL) commissioner Lalit Modi and the Board of Control for Cricket in India (BCCI) have failed.

Modi’s counsel Ram Jethmalani told the apex court that attempts for a settlement, despite the best efforts, did not … Original article on : No patch up between Modi and BCCI, apex court told.

French strike easing off

PARIS – France’s crippling nationwide strike over President Nicolas Sarkozy’s pension reform plan began to ease off as the senate Tuesday passed the final legislative bill and Paris began to tally up the costs of two weeks of labour disruptions.

The interior ministry said that five of the 12 refineries which had been hit by … Read more : French strike easing off.

Act against Roy, Geelani, demands Kashmiri Pandit group

NEW DELHI – An organisation of displaced Kashmiri Pandits Tuesday demanded action against writer-activist Arundhati Roy and separatist leader Syed Ali Geelani for their remarks on Kashmir.

“We are warning the government that if it fails to act against Geelani, Roy and others, we will have no option but to resort to legal recourse not … Read : Act against Roy, Geelani, demands Kashmiri Pandit group.

Denmark to probe role in handover of prisoners to Iraq

COPENHAGEN – Denmark will investigate allegations of possible wrongdoing by its forces in connection with the Iraq conflict, Prime Minister Lars Lokke Rasmussen said Tuesday.

The allegations include that prisoners handed over by Danish forces to Iraqi security forces were later ill-treated, according to some of the classified US military documents recently released by whistle-blower … Read this article on Gaea Times at : Denmark to probe role in handover of prisoners to Iraq.

Apex court lifts stay on Gujarat riot cases, bar Gulberg society

NEW DELHI – The Supreme Court Tuesday sought the Gujarat government’s response on a petition seeking change of the judge conducting the trial in 2002 Gulberg Society massacre case, while revoking its bar on pronouncement of verdicts in other cases of the 2002 Gujarat riots.

The plea to change the judge …. Source  : Apex court lifts stay on Gujarat riot cases, bar Gulberg society.

Zardari, Gilani, Musharraf felicitate Asma on winning SCBA presidential election

ISLAMABAD – Pakistan Supreme Court Advocate and noted human rights activist Asma Jehangir has won the annual elections of Supreme Court Bar Association (SCBA), becoming the first ever woman president of the most significant lawyers’ association.

Asma, who had earlier fought for the restoration of the judges but has now become a strong critic of the … Read more : Zardari, Gilani, Musharraf felicitate Asma on winning SCBA presidential election.

Pakistan’s bar association elects its first woman chief

ISLAMABAD – Supreme court advocate and human rights activist Asma Jehangir Wednesday became the first woman to be elected president of Pakistan’s Supreme Court Bar Association (SCBA), a media report said.

Asma Jehangir bagged 834 votes against 796 votes secured by her closest competitor Ahmed Owais in a nationwide poll Wednesday, Geo TV reported.
President …. Source  : Pakistan’s bar association elects its first woman chief.

India, US can learn from constitutional experience: Moily

NEW DELHI – The Indian constitution is flexible and vulnerable to Supreme Court action, union Law Minister M. Veerappa Moily said, adding that India and the US can learn from each other’s experiences.

He was speaking at a panel discussion on “Indian Constitution and the United States Bill of Rights” here Wednesday.
“This vulnerability … Original source on Gaea Times at : India, US can learn from constitutional experience: Moily.

Don’t treat Bengal as accused in Nandigram firing, CBI told

NEW DELHI – The Supreme Court Wednesday asked the Central Bureau of Investigation (CBI) not to treat the West Bengal government as an accused in the 2007 police firing in Nandigram even as the state government opposed the federal probe into the incident.

The state government told the apex court that the probe into the …. Source  : Don’t treat Bengal as accused in Nandigram firing, CBI told.

Bodos to march in Delhi – for separate state

NEW DELHI – About 3,000 Bodo people will take out a rally in the capital Thursday demanding a separate state to be carved out of Assam, an activist said.

Organised by the All Bodo Students Union (ABSU), the rally will start from Ram Lila Maidan in central Delhi and reach Parliament Street in the …. Read the original article  : Bodos to march in Delhi — for separate state.

Musharraf cronies, PPP backing Asma to beat Pak CJ loyalists in SCBA polls

ISLAMABAD – With the crucial Supreme Court Bar Association polls taking place today, old cronies of former president Pervez Musharraf are pinning strong hopes on candidate Asma Jahangir to bundle out the loyalists of Chief Justice Iftikhar Muhammad Chaudhry by winning the election.

Asma, who had earlier fought for the restoration of the judges, has now …. Source  : Gaea News Network.

Apex court adjourns Lalit Modi case till Nov 11

NEW DELHI – The Supreme Court Wednesday adjourned till Nov 11 the hearing on former Indian Premier League (IPL) commissioner Lalit Modi’s petition challenging the composition of the Disciplinary Committee probing charges of financial irregularities against him.

A bench of Justice J.M. Panchal and Justice H.L. Gokhale adjourned the hearing after senior counsel Ram Jethmalani … Read more >>.

Gujarat High Court seeks details of EVM, e-voters

GANDHINAGAR – The Gujarat High Court, hearing a public interest litigation (PIL) against introduction of online voting in local self-government bodies polls, has sought details of voters who cast ballot through the electronic voting machines (EVMs) and e-voting.

In details available Wednesday, a bench of Chief Justice S.J. Mukhopadhaya and Justice Anant Dave, allowing the …. Source article on Gaea Times at  : Gujarat High Court seeks details of EVM, e-voters.

How long will 2G spectrum probe take, asks Supreme Court

NEW DELHI – The Supreme Court Friday asked the central government how long it would take to complete investigations into the 2G spectrum scam.

The court also sought the central government’s response to a Comptroller and Auditor General’s (CAG) report pointing out irregularities in allocation of spectrum 2G licences to telecom operators.
The apex court …. Source  : Gaea News Network.

Sohrabuddin case: Gujarat HC to decide on Amit Shah’s fate

AHMEDABAD – The Gujarat High Court is expected to deliver its verdict on a petition filed by former Gujarat Home Minister Amit Shah, challenging the rejection of his bail plea by a Central Bureau of Investigation (CBI) court today.

Shah was arrested by the CBI in connection with the Sohrabuddin Sheikh fake encounter case on …. Read the original article  : Sohrabuddin case: Gujarat HC to decide on Amit Shah’s fate.

Karnataka crisis: Verdict on disqualified lawmakers today

BANGALORE – The Karnataka High Court will today pronounce its much-awaited verdict on the disqualification of eleven rebel BJP MLAs today.

Justice V G Sabhahit, the third judge who heard the batch of petitions filed by the rebels challenging their disqualification from Assembly membership by Speaker K G Bopaiah will deliver the judgement at 2.30 p.m.

The … Read : Karnataka crisis: Verdict on disqualified lawmakers today.

Kuwait seeks UNHRC membership

New York, Oct 28 (IANS/WAM) Kuwait has sought UN Human Rights Council (UNHRC) membership for 2013-2015.

The country’s permanent representative to the UN, Mansour Al-Etebi made the announcement during a UN General Assembly meeting Wednesday.
He said his country is committed to human rights and wants to participate in all relevant international events …. Source  : Kuwait seeks UNHRC membership.

Court verdict on Karnataka rebel legislators Friday

BANGALORE – The Karnataka High Court will give its verdict Friday on an appeal by 11 Bharatiya Janata Party (BJP) legislators against their disqualification.

A single judge bench of Justice V.G. Sabhahit is scheduled to give the verdict at 2.30 p.m., according to the court’s registry. He had reserved the verdict Oct 21 after two [..] Read the original article: here.

Ketchup adulteration case against Nestle set aside

GANDHINAGAR – An adulteration complaint against Nestle India, makers of Maggi tomato ketchup, pending in a trial court has been set aside by the Gujarat High Court.

In a judgment made available Thursday, Justice Akil Kureshi struck down the case registered against Nestle for violating provisions of the Prevention of Food Adulteration Act.
Samples of …. Original source  : Ketchup adulteration case against Nestle set aside.

Law to protect women from workplace harassment soon

NEW DELHI – India will soon have a law protecting women from sexual harassment at the workplace, Minister of Women and Child Development Krishna Tirath said Thursday. This, she added, was an effort to create a gender-just society.

Addressing state secretaries in charge of women and child development at a meeting, Tirath said: “Tremendous progress …. Original article  : Law to protect women from workplace harassment soon.

Street vendors’ meet in Delhi next month

NEW DELHI – The head of StreetNet International, a global alliance of street vendors’ associations, will come down to Delhi Nov 1 to hold talks with street vendors to understand their problems and suggest solutions.

Pat Horn, the head of StreetNet International, will hold consultations with the National Association of Street Vendors of India (NASVI) …. Original article  : Street vendors’ meet in Delhi next month.

Railway Protection Force to get women’s battalion

NEW DELHI – The government Thursday said it will enact a law giving the Railway Protection Force (RPF) the power to probe offences committed against railway property and passengers and also raise a women’s battalion of the force.

The railway ministry is actively considering amendments to the Railway Property (Unlawful Possession) Act to empower Railway … Read more »».

CBI moves petition before Supreme Court against Amit Shah

NEW DELHI – The Central Bureau of Investigation (CBI) late night filed a petition in the Supreme Court seeking cancellation of the bail granted by the Gujarat High Court to former state Home Minister Amit Shah and sought an urgent hearing.

The petition was filed in the Deputy Registrar’s office around 10.30 p.m hours after … Read more >>.

‘Wrong to say 4-year-old approaching fifth birthday not incapable of negligence’: NY judge

NEW YORK – A New York State Supreme Court judge has said that it is wrong to say that four-year-olds approaching their fifth birthday are not “presumed incapable of negligence.”

The New York Times and CBS News quoted Judge Paul Wooten, as saying this in an order that he passed in a case related … Read the original article on Gaea Times at : ‘Wrong to say 4-year-old approaching fifth birthday not incapable of negligence’: NY judge.

Chandigarh court summons Rahul Gandhi, Arundhati Roy

CHANDIGARH – A court here Friday issued summons to Congress general secretary Rahul Gandhi and author-activist Arundhati Roy on a complaint by a local human rights activist against the two for making “inflammatory” speeches.

Civil judge Ranjeev Kumar asked Gandhi and Roy to appear before the court Jan 17.
Activist and lawyer Arvind Thakur … Read this article on Gaea Times at : Chandigarh court summons Rahul Gandhi, Arundhati Roy.

Orissa asks Supreme Court to stay Posco order

NEW DELHI – The Orissa government Friday moved the Supreme Court seeking a stay on the state high court order cancelling permission given to Posco for iron ore mining in the state.

The Orissa High Court by its order July 14 had overturned the state governments decision to grant permission to Posco for iron ore …. Source  : Orissa asks Supreme Court to stay Posco order.

Court allows Blueline buses to ply in south Delhi

NEW DELHI – The Delhi High Court Friday said the government notification to phase out Blueline buses from the capital by Dec 14 will not apply to buses plying in south Delhi.

Justice Indermit Kaur said the court’s previous order in March allowing Blueline operators to ply will continue till further orders, and the … Read more >>.

Why can’t food be given to poor, asks Supreme Court

NEW DELHI – The Supreme Court Friday asked the central government why foodgrains it had procured but could not preserve because of inadequate storage capacity could not be given to the poor.

“Procurement of adequate foodgrains is essential to provide food security and to protect the interest of the farmers. All through our anxiety has …. Original article  : Why can’t food be given to poor, asks Supreme Court.

Task force set up for barrier-free public buildings

NEW DELHI – A task force has been set up to work out details for a national centre to facilitate and support development of a barrier-free environment in public buildings, an official said Friday.

The task force headed by Samir K. Brahmachari, director general of Council of Scientific and Industrial Research (CSIR), will work …. Original article on Gaea Times at  : Task force set up for barrier-free public buildings.

Court upholds 11 Karnataka BJP legislators’ disqualification (Second Lead)

BANGALORE – The Karnataka High Court Friday upheld the disqualification of 11 rebel lawmakers of the ruling Bharatiya Janata Party (BJP) from the state assembly for expressing lack of confidence in Chief Minister B.S. Yeddyurappa. The 11 said they will now move the apex court.

Yeddyurappa hailed the verdict as a lesson to defectors.
Yeddyurappa, … Read more >>>.

RTI law being grossly misused, says former CJI Balakrishnan

NEW DELHI – Former chief justice of India K.G. Balakrishnan Friday said the Right To Information (RTI) Act “was grossly misused” and needed amending to prevent the misuse.

“It is time for introspection on the five-year-old RTI Act. It is grossly misused. Most of the applicants are applying the RTI not for public good, …. Source article on Gaea Times at  : RTI law being grossly misused, says former CJI Balakrishnan.

Court grants bail to Gujarat ex-minister Amit Shah

AHMEDABAD – The Gujarat High Court Friday granted bail to former minister of state for home Amit Shah, who was arrested July 25 in the Sohrabbudin Sheikh staged shootout case of 2005.

Justice R.H. Shukla allowed the release of Shah, a legislator of the Bharatiya Janata Party (BJP) from Sarkhej in Ahmedabad, on a …. Source article  : Court grants bail to Gujarat ex-minister Amit Shah.

These kids make crackers to light up your Diwali!

CHENNAI – As you prepare to light up a sparkler to celebrate Diwali next week, spare a thought for the around 40,000 children employed in the hazardous firecrackers industry in Sivakasi, Tamil Nadu, for whom the festival simply translates into more forced work.

Sivakasi, about 650 km south of Chennai, is India’s fireworks capital. …. Source  : These kids make crackers to light up your Diwali!.

Badal withdraws defamation cases against Sonia, Amarinder

CHANDIGARH – A local court here Saturday allowed a plea by Punjab Chief Minister Parkash Singh Badal to withdraw civil defamation cases filed against Congress president Sonia Gandhi and Congress leader and former chief minister Amarinder Singh.

Acting on a plea by Badal, filed early this month, Chief Judicial Magistrate J.S. Sidhu dismissed the defamation …. Source  : Badal withdraws defamation cases against Sonia, Amarinder.

Supreme Court issues notice to Amit Shah on bail

NEW DELHI – The Supreme Court Saturday issued notice to former Gujarat minister of state for home Amit Shah on a Central Bureau of Investigation (CBI) petition seeking stay of a Gujarat High Court order giving him bail in the 2005 Sohrabuddin Sheikh staged shootout case.

However, the apex court bench of Justice Aftab …. Source article on Gaea Times at  : Supreme Court issues notice to Amit Shah on bail.

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