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MACT-Thane awards Rs 55.17 lakhs to Kalyan family

Posted on January 9, 2017 | by Legal India News | Leave a Comment

The family of a senior company manager, who was mowed down by a tanker, has been awarded compensation of Rs 55.17 lakhs for the accident that took place on Shilphata-Mahape road in 2014.

The family of the deceased staying at Khadakpada in Kalyan, includes his wife, two children and parents.

The President of Motor Accidents Claims Tribunal (MACT) and Principal District Judge S M Gavhane ordered that the owner of a tanker and the National Insurance Company Ltd, should jointly and severally make the payment to the claimants with 9 per cent interest till the realisation of the amount.

The claimants Kavita Patil (40), Shruti Patil (16), Aalekh Patil (6), Govind Patil (73)and Prabhavati Patil (58) in their application stated that the deceased Rajesh Patil (45) was serving as Deputy Manager with a private firm and drawing a salary of Rs 30,000 per month.

On the morning of May 8, 2014 he was travelling as a pillion rider with his friend on the motorcycle from Kalyan to Rabale when a car travelling in front suddenly stopped and as a result the bike skidded and both of them fell on the road, the application mentioned.

The tanker coming from behind ran over the deceased who suffered severe injuries on leg and was later treated at four different hospitals. He succumbed to injuries at Nair hospital on August 14, 2014, counsel for the claimants S K Nawadkar told the tribunal.

She informed that the family incurred an expense of Rs 6 lakh on medical treatment and Rs 1.5 lakh on conveyance, funeral and other religious rites of the deceased.

The owner of the tanker did not contest the case.

However, the insurance company challenged the matter.

The judge after hearing both the parties held that the tanker driver was at fault and ordered compensation payment to the family members.

The compensation of Rs 55.17 lakhs included Rs 49,63,560 towards loss of dependency, Rs 1 lakh each towards loss of consortium, and care and guidance, Rs 25,000 towards funeral expenses and Rs 3,28,851 towards hospital and medical expenses.

The court ordered payment of Rs 8 lakh to each of the claimants by way of investment in fixed deposits. As regards the two children the money will be kept in the FD with their mother as the guardian.

Out of the balance amount Rs 4 lakh each to be paid to the parents and the remaining balance to be paid to the widow, the tribunal said in the order.

( Source – PTI )

PWD engineer sent to 4 years in jail in graft case

Posted on January 9, 2017 | by Legal India News | Leave a Comment

A PWD engineer, accused of demanding and accepting bribe from a contractor, has been sent to four years in jail by a Special court.

Special Judge Poonam Chaudhry convicted 46-year-old Ved Prakash, who was working as an assistant engineer in Public Works Department (PWD), for the offences of taking illegal gratification and criminal misconduct by a public servant under the Prevention of Corruption Act.

He is accused of demanding and accepting bribe from a contractor who was awarded the contract of renovating the residential complex of a city government hospital.

Besides the rigorous jail term, the court also imposed a fine of Rs 40,000 on him.

“I am of the view that the evidence on record … shows that accused demanded and complainant gave bribe money to accused, which he accepted voluntarily knowing it to be illegal gratification. The prosecution established through the evidence of complainant… that currency notes were recovered from the possession of accused,” the judge said.

While prosecutor Balbir Singh said that keeping in view nature of offences, a stringent view may be taken against the convict, Prakash sought a lenient view saying he was the sole earning member of his family and had two minor children.

According to the Anti-Corruption Branch (ACB), a complaint was received in 2014 from a man, working as a government contractor and was awarded the renovation work of toilets of a girls hostel in the residential complex at GTB Hospital in East Delhi.

The accused engineer was responsible for the supervision of the work given to the contractor.

The complainant alleged that Prakash was harassing him and demanding five per cent as commission of the payments received by him. He had demanded part payment of Rs 12 lakh i.e. Rs 60,000 and threatened the complainant that he would allot the work to someone else if the bribe was not paid.

The complainant told the engineer that he had already suffered losses in the contract and would not be able to pay commission but the accused was adamant and did not pay any heed to his request, the complaint had said, adding that the tender, issued in the name of Avtar Builders, was of Rs 43 lakh and it was awarded to him for Rs 27 lakh.

The contractor lodged a complaint with the ACB which laid a trap and caught the engineer while accepting Rs 50,000 as bribe.

During trial, Prakash denied the allegations against him and claimed that he was innocent.

( Source – PTI )

Court to pronounce verdict in Salman Khan case on January 18

Posted on January 9, 2017 | by Legal India News | Leave a Comment

Court to pronounce verdict in Salman Khan case on January 18

A court here today fixed January 18 for pronouncing the verdict in the Arms Act case against Salman Khan and asked the actor to be present on that date.

The court of chief judicial magistrate fixed the date after the final arguments from both the sides completed today.

Magistrate Dalpat Singh Rajpurohit directed Khan to be present in the court during pronouncement of the order.

Final arguments of the case had started on December 9 last year.

A case against Khan had been registered under the Arms Act by police in October 1998 for alleged use and possession of arms with expired license during alleged poaching of two black bucks in Kankani village.

The case was filed by the forest department. If convicted, Khan could face imprisonment for seven years.

( Source – PTI )

PIL in Bombay HC challenges govt ordinance on demonetisation

Posted on January 9, 2017 | by Legal India News | Leave a Comment

A PIL in Bombay High Court has challenged an ordinance issued by the Union government restricting members of the public from depositing the demonetised Rs 500 and Rs 1,000 notes in Reserve Bank of India branches.

The petition, filed recently by Congress leader Sachin Sawant, has sought quashing of the ordinance issued by the government on December 30 last year on the ground that it discriminates against people.

The PIL says the impugned ordinance allows only a particular category of Indian citizens to exchange the banned notes. This concerns only those citizens who were outside the country from November 8 to December 30, when demonetisation had come into effect, as they could not exchange the banned currency with new notes in banks, it said.

The public interest litigation, filed through lawyer Asim Sarode, is likely to come up for hearing in due course.

The petition further alleged that the RBI had failed to follow its mandate of regulating the issuance of currency.

“The apex bank should be asked to clarify whether it was working under some pressure or is being overpowered by any politician,” the PIL further contended.

The PIL said that Prime Minister Narendra Modi had assured the people and a government notification on November 8 last year also said that if the citizens of the country were not able to deposit by December 30, 2016, the scrapped currency notes of Rs 500 and Rs 1000 in the banks on account of any reason, they would get an opportunity to approach the specified offices of RBI by March 31, 2017.

However, the Centre’s ordinance had given opportunity only to those citizens who were outside the country during the period November 8 to December 30 last year, to exchange the banned currency. This was against the assurance given by the PM in his address to the nation and hence, it constituted to a breach of trust, the petition argued.

The petitioner, who is spokesman of Mumbai Congress unit, has also sought an interim stay on the impugned ordinance, pending hearing of the PIL in the high court.

“Paragraph 4 (i) of the ordinance creates discrimination between people who travelled outside India between November 8, 2016 to December 30, 2016 and people who were not travelling anywhere outside India for no valid reasons whatsoever,” says the petition.

The ordinance, dated December 30, 2016, is contrary to the earlier government notification of November 8, 2016, and hence people are facing many day-to-day problems and violation of their rights, the PIL alleged.

( Source – PTI )

Virbhadra PMLA case: Court fixes Jan 12 for scrutiny of docs

Posted on January 9, 2017 | by Legal India News | Leave a Comment

Virbhadra PMLA case: Court fixes Jan 12 for scrutiny of docs

A special court has fixed January 12 for scrutiny of documents in a money laundering case involving Himachal Pradesh Chief Minister Virbhadra Singh in which LIC agent Anand Chauhan has been chargesheeted.

“Put up the matter for scrutiny of documents on January 12, 2017,” Special Judge Vinod Kumar said.

The court also allowed Chauhan, who is in judicial custody, to file a “proper application” seeking certain documents which have allegedly not been supplied by the Enforcement Directorate (ED).

“The advocate for accused (Chauhan) submits that on scrutiny it is found that some documents are yet to be supplied by the prosecution (ED) and an adjournment is sought on the ground that the accused will move a proper application in this regard. I allow the request,” the judge said.

The court had on September 7 last year taken cognisance on the charge sheet filed against Chauhan,, while asking ED to provide him a copy of the final report and other documents.

The charge sheet was filed for offences under sections 3 (money-laundering) and 4 (punishment for the offence) of the Prevention of Money Laundering Act (PMLA) Act.

Chauhan was arrested from Chandigarh on July 9 last year under the provisions of PMLA on the grounds that he was allegedly not cooperating with the probe.

( Source – PTI )

Doctrine of tooth for tooth, eye for eye can’t be applied: HC

Posted on January 9, 2017 | by Legal India News | Leave a Comment

“A tooth for a tooth and an eye for an eye” cannot be the criteria for handing down punishment to convicts in a civilised society, the Delhi High Court has said while setting free a former DU student who has already undergone jail term of over 16 years in two murder cases.

Jitender, a former Delhi University student, who was awarded 30 years jail term by a trial court in a murder case, was directed by the court to remain in prison for the rest of his life in another murder case.

It was clarified by the lower court that the jail term till death would commence on conclusion of the 30-year-term awarded to the convict, now aged 42.

Referring to the “doctrine of proportionality”, a bench of Justices G S Sistani and Sangita Dhingra Sehgal said that it has a “valuable application to the sentencing policy under the Indian criminal jurisprudence”.

“We believe that being a civilised society — a tooth for a tooth and an eye for an eye ought not to be the criterion and as such the question of there being acting under any haste in regard to the life imprisonment would not arise; Rather our jurisprudence speaks of the factum of the law courts being slow in that direction and it is in that perspective a reasonable proportion has to be maintained between the heinousness of the crime and the punishment.

“While it is true, punishment disproportionately severe ought not to be passed but that does not even clothe the law courts, however, with an opinion to award the sentence which would be manifestly inadequate having due regard to the nature of offence since an inadequate sentence would not subserve the cause of justice to the society,” the bench, in its 38-page judgement, said.

Modifying the sentence handed down to Jitender, the bench said that sentence was “in excess of the requirement of the situation” and the “trial court in this case has acted in utter haste by passing the order on sentence on the same day with a pre-determined mind”.

The trial court has shown “utter impatience” and “also incorrectly applied the law”, the high court said while awarding the sentence of 16 years and 10 months on the convict, the period already undergone and ordered his release if he is not wanted in any third case.

( Source – PTI )

Trademark row: DPS World Foundation files settlement proposal

Posted on January 6, 2017 | by Legal India News | Leave a Comment

DPS World Foundation, floated by a group of Delhi Public School alumni including former Union minister Salman Khurshid, today submitted in the Delhi High Court a proposal for settling the trademark dispute with DPS society, which runs the prominent school.

In its proposal for settlement filed before a bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal, the foundation has suggested that it could use a new name like putting ‘alpha’ symbol before ‘DPS world school’ or ‘Delhi Public world school’ for their upcoming 17 new schools for the academic year 2017-18.
The foundation, which has challenged a single judge interim order restraining them from using DPS name or trademark crest of the school, also suggested that they would also have a bottom line reading as “a DPS Alumni Dipsites knowledge initiative” with it.

“These clarifications would clearly show that the schools (of foundation) are not associated with DPS society,” senior advocate Salman Khurshid, appearing for the foundation, said.

Senior advocate Sandeep Sethi, who was representing DPS society, said they have registered the trademark of DPS and the foundation cannot use the same.

The bench, however, told Sethi, “We will like to have your response on this. You tell us what you have to say about their proposal so that some arrangement can be made”.

The bench asked DPS society to file its response on the proposal of settlement and fixed the matter for hearing on January 10.

The foundation has said that several schools are running with similar names, like International Delhi Public School, and the society “cannot have objection to the usage of ‘Delhi Public world school’ since it has never had any objection to other schools operating”.

The foundation has moved the court challenging a single judge order of April 18 last year on the ground that DPS has no trademark of the logo or the crest.

It has claimed that it had not hidden anything from the society as it has clearly mentioned on its website that it is not associated with the Delhi Public School in any manner.

The single judge, in its order, had held that using DPS name would amount to trademark infringement of DPS Society.

It had directed the foundation to refrain from using DPS name and its registered mark or any other crest identical or deceptively similar to the registered mark of DPS Society.

The single judge order had come on a suit filed by DPS society against the use of words “DPS World” by the foundation, claiming that the defendants had misappropriated the name and distinctive crest with a firelight held in a hand inside a shield, which had been used by the DPS schools since 1948.

The suit, filed in 2015, had stated that the foundation was opening schools using the name DPS World School, which amounted to infringement of the society’s copyright.

The single judge had barred the trustees, members, franchisees, officers, employees, agents, delegates, representatives, associates and all others acting for DPS world foundation from using or dealing in any manner with the DPS name or crest till the disposal of the suit.

( Source – PTI )

SC restrains Aircel-Maxis from transferring 2G licences

Posted on January 6, 2017 | by Legal India News | Leave a Comment

SC restrains Aircel-Maxis from transferring 2G licences

The Supreme Court today restrained transfer of 2G licences from Malaysia’s Maxis which was originally allotted to Aircel to any other telecom company.

A bench headed by Chief Justice J S Khehar also proposed to restrain earning of any revenue by using the 2G spectrum licences which were originally granted to Aircel in 2006.

The bench also comprising Justices N V Ramana and D Y Chandrachud said that the instant order is being issued to bring to the notice of Malaysian businessman T Ananda Krishnan, the owner of Maxis group, to make his appearance in the apex court.

It said that if Ananda Krishnan and Ralph Marshall of Maxis fail to make appearance in the apex court on Jan 27, the 2G licences granted to Aircel shall be seized.

The bench asked the Telecom Ministry to devise ways and means to avoid adverse consequenses following the order to Aircel subscribers by provisionally transferring 2G licences to others service providers.

“We cannot tolerate a person using the national resource such as spectrum of India and not honouring court notice,” the bench said, adding that Ananda Krishnan cannot evade law.

The apex court directed the Indian govt to publish its instant order in two leading newspapers in Malaysia.

It also directed that in case the proposed order is passed, it would not be open to any of the accused to raise the issue of monetary losses.

The bench posted the material for further hearing on January 27 and said other averments made by BJP leader Subramanian Swamy will be dealt with at later stage.

Swamy has alleged that FIPB clearances to Aircel Maxis were granted illegally.

Special 2G prosecutor Anand Grover said that hearing on framing of charges in the trial court is scheduled on January 9.

( Source – PTI )

Justice Katju tenders unconditional apology in apex court

Posted on January 6, 2017 | by Legal India News | Leave a Comment

Former Supreme Court judge Markandey Katju today tendered unconditional apology for contemptuous remarks in his blog to the apex court which was accepted by it and the contempt proceedings closed.

The order was passed by a bench comprising Justices Ranjan Gogoi and U U Lalit which accepted the apology and decided to close the contempt proceedings against the former judge.

“In view of the apology tendered, which has been verified, we close the instant contempt proceedings,” it said.

Senior advocate Rajeev Dhawan, appearing for Justice Katju, read from the reply tendering the apology. Justice Katju was earlier granted exemption from personal appearance.

( Source – PTI )

NIA files charge sheet against captured Pak terrorist

Posted on January 6, 2017 | by Legal India News | Leave a Comment

NIA has filed a charge sheet against Pakistani national Bahadur Ali, who was arrested in Kashmir in July last year, alleging that he was working for terror outfit Lashkar-e-Taiba (LeT) and was planning to carry out attacks at several places including Delhi.

The agency has filed the charge sheet under various provisions of IPC, UAPA, sections of Explosives Act, Explosive Substances Act, Arms Act, Foreigners Act and the Indian Wireless Telegraphy Act against Ali, who has been been in judicial custody since August.

According to court sources, the charge sheet, filed before District Judge Amar Nath, claimed that the recent unrest in Kashmir Valley had been orchestrated by Pakistan-based LeT.

The agency claimed that since summer last year, the banned outfit, with the “help of Pakistani forces deployed on the border”, pushed heavily armed terrorists into India with a direction to mix with local people, create disturbance and attack police and security forces.

NIA, in its charge sheet, has also alleged that along with his associates, Ali had planned terror attacks to destabilise the security and sovereignty of India.

The pocket diary recovered from Ali, among other things, contains the names of several towns in Jammu and Kashmir besides Delhi, the charge sheet claims.

It alleged that given the fact that Bahadur Ali is a trained cadre of the LeT, the inclusion of the names of these towns/cities in the diary indicates that Ali was tasked to carry out terror attacks at several places, including Delhi.

A special court had on December 19 extended the judicial custody of Ali till January 18.

A fourth-class dropout, Ali, who hails from Jahama village of Raiwind in Lahore, was arrested from village Yahama in Mawar area of Qalamabad, Handwara, in North Kashmir on July 25. The army had claimed to have recovered three AK-47 rifles, two pistols and Rs 23,000 in Indian currency from his possession.

According to NIA, Ali was trained at a Lashkar camp in PoK to carry out various activities, including map reading and operating GPS devices.

( Source – PTI )

Author: Legal India News

MACT-Thane awards Rs 55.17 lakhs to Kalyan family

PWD engineer sent to 4 years in jail in graft case

Court to pronounce verdict in Salman Khan case on January 18

PIL in Bombay HC challenges govt ordinance on demonetisation

Virbhadra PMLA case: Court fixes Jan 12 for scrutiny of docs

Doctrine of tooth for tooth, eye for eye can’t be applied: HC

Trademark row: DPS World Foundation files settlement proposal

SC restrains Aircel-Maxis from transferring 2G licences

Justice Katju tenders unconditional apology in apex court

NIA files charge sheet against captured Pak terrorist

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