No escaping VAT, high court tells builders

Dismisses clutch of petitions seeking the quashing of govt circulars on the tax

DNA Correspondent l Mumbai

Builders will have to assess their tax liabilities the way the government wants it to and pay VAT (value added tax) by October 31.  Also, they can avail of the option of composite payment for agreements entered after April 2010, the Bombay high court ruled on Tuesday.  While upholding the two sales tax department circulars related to VAT, the court dismissed a clutch of petitions from various builders’ bodies that had sought the quashing of the circulars.  The Maharashtra Chamber of Housing Industry and the Builders Association were among the petitioners. A division bench of justices DY Chandrachud and RG Ketkar directed the developers/builders to register themselves with the sales tax department and pay VAT as per the new Maharashtra Value Added Tax (MVAT) Act, 2002. Under the act, the new definition of “sale” makes it mandatory for developers to pay tax every time they sell a flat/house.  As per the circular, developers were supposed to register by September 15 and pay the taxes by October 31. The earlier deadline was August. The SC had extended it while admitting a petition that challenged the HC order, which had upheld the constitutional validity of an amendment in the MVAT Act (changing the definition of “sale”). Going by the circulars, developers will have to pay 5% of the agreement value as tax for flats built between June 2006 and March 31, 2010. In case of tax liability after April 1, 2010, developers will have to pay 1% of the agreement value as tax without any land deduction and input tax credit.  For the period 2006-2010, input tax credit, with conditions, will be available. Also, deduction for labour and service will be available on actual basis. Deduction of land cost too will be there followed by a 30% standard deduction from the remaining amount.  The petitioners wanted the composite scheme — offered to developers for agreements entered after April 1, 2010 — to be extended to them.  But the bench rejected it saying, “The state is empowered to provide scheme of composition to registered dealers. While providing the scheme the first principle is to encourage voluntary compliance of the law.”  The court went on to add, “The scheme is not a way of amnesty but provisions made by the state acting as a delegate of the legislature.” Source:::: DNA, 31-10-2012, p.01. http://epaper.dnaindia.com/story.aspx?id=30776&boxid=23190&ed_date=2012-10-31&ed_code=820009&ed_page=1

Divorce granted abroad valid: HC

Overrules decision of Bandra family court which ignored US verdict

Mustafa Plumber

The Bombay high court recently quashed and set aside an order of the Bandra family court allowing a wife to live with her estranged husband overlooking a divorce decree passed by the judicial district court of Harris County, Texas, United States of America.  According to the court, a wife cannot exercise her right to live with her husband in the US by invoking the provisions of restitution of conjugal rights in a Mumbai court once she has contested and the local court in US has declared them as divorced. While setting aside the order passed on July 31, the court said, “Once the decree of divorce is granted by a foreign court after the parties submit to its jurisdiction and after contest or agreement, the marriage stands dissolved. Nothing further survives in the marriage. Therefore conjugal rights cannot be restituted.” The couple married in 2006 and went to the US in the same year. They lived together there until 2010. In the meantime, they had disputes and the husband filed a petition for divorce on the ground of irretrievable breakdown of marriage, and cruelty. The wife filed a counter claim. The parties applied for, opposed and ultimately accepted an interim order by consent. The interim order restrained the parties from entering each other’s places of residence. The husband was told to pay house rent, car and motor cycle loan and phone bill up to the end of July, 2010.  After this interim order was passed, the wife came to India on August 22, 2010. She filed the petition for restitution of conjugal rights and an application under the Domestic Violence Act against the husband, his father and mother. The wife instructed her attorney to withdraw her counter claim and sent emails to the court in the US. Hence, the petition for divorce filed by the husband was to proceed without a counter claim and without her defence. The wife argued that the judicial district court in the US would have no jurisdiction and the decree of divorce passed would not become a final judgement conclusive upon both parties. She further argued that the grounds for divorce would be different in the courts of the US and hence no decree of divorce can stand in India. She also said that the parties were domiciled in India and the Hindu Marriage Act, 1955 would apply. The high court, however, dismissed all her contentions and set aside the family court order, thus holding the divorce granted by the foreign court as correct. Source:::: DNA, 29-10-2012, p.05, http://epaper.dnaindia.com/story.aspx?id=30613&boxid=13219&ed_date=2012-10-29&ed_code=820009&ed_page=7

HC: Father must support daughter till her marriage

Rosy Sequeira TNN 

Mumbai: An adult, unmarried daughter is entitled to receive maintenance from her father, the Bombay high court has said, coming to the rescue of a 20-year-old who was left in the cold by her Bahrain-based dad who had remarried. A father of three, he had agreed to pay maintenance to his two minor children but not his eldest daughter, saying she was legally not entitled to it as she was a major. 
    The girl’s mother had challenged the family court’s order last year upholding the man’s claim and rejecting maintenance for their eldest daughter who was then 19. Justice K U Chandiwal of the HC recently agreed with her lawyer’s contention that a father is liable to pay maintenance to daughters till they marry and added that though a major, the eldest daughter has no independent income and is entirely dependent on her mother, a homemaker who has studied up to SSC. 
    The woman’s petition said the couple, who married on November 29, 1987, has three children—two daughters and a son. The man worked in Bahrain and would visit his wife and family who stayed in Mumbai every two years. After the death of her father-in-law, the woman went to Mahad in August 2008 to stay with her mother-in-law. On returning to Mumbai two years later, she learned that he had allegedly divorced her through talaq and remarried. 

‘Family court did not cite any reasons’ 
Mumbai: On May 23, 2011 the wife, who was divorced through talaq, moved the family court for maintenance under Section 125 of the Code of Criminal Procedure. She claimed her husband who was working in the finance department of the Bahrain government for over 25 years easily earned over Rs 90,000 per month. However, he claimed he got only Rs 30,000 per month. The family court, taking into consideration his statement, directed him to pay Rs 5,000 to his wife and Rs 2,500 each to the two minor children as interim maintenance. 
    In his October 16 order, Justice Chandiwal noted that family court principal judge U S Iyer did not assign reasons for rejecting maintenance for the couple’s eldest daughter as she had come of age and said the order requires interference. 
    He ordered the man to pay his eldest daughter Rs 1,500 as an interim measure from the date of the petition till the application for maintenance is finally heard. He also directed that an additional Rs 5,000 be paid to the wife. The HC also asked the family court to dispose of the main petition for maintenance within three months.


Source:::: The Times of India, 29-10-2012, p.01, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Govt scraps patent for jamun-based diabetes drug

Sidhartha TNN 

NewDelhi:In a first such move since 1994, the government has revoked a patent granted by the Indian Patents Office for a medicine made from the extract of jamun, lavangpatti and chundun meant to treat diabetes. 
    Using a “rarest of rare” provision in the Patents Act, the government decided to quash the protection that drug maker Avesthagen had got earlier this year on the grounds that the patent right was “mischievous to the state and generally prejudicial to the public” as it was an “integral part” of ayurveda, unani and siddha systems of medicine.

Govt rejects claim of drug ‘invention’

Sidhartha TNN 

New Delhi: After combating bio-piracy in the US and Europe, India has woken up to the problem in its own backyard and cancelled a patent given to an anti-diabetes drug based on traditional ingredients. 
    But this time, the patent given to the mix of jamun, lavangpatti and chundun was proving to be an embarrassment for India. What is more curious is howthe Indian Patents Office gave the protection after the government had got European authorities to reject the application. 
    Cancelling the patent given to Avesthagen was not easy as the company argued that the extracts, which work individually in managing diabetes, had an aggressive effect when combined. In addition, it used an approach that is “innovative, novel and scientific” in developing a formulation and screened it for efficacy and safety using modern technology. 
    Arguing that the patent was not prejudicial to public interest, the company said the “invention” was novel and provided scientific validation to Indian traditional knowledge. The government, however, countered it by saying that for centuries, it was known that the plants were used for management of diabetes and there were no inventions.


Source :::: The Times of India, 27-10-2012, p.01 & 16, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

The Law Library of Congress is pleased to announce a new homepage:

The Law Library of Congress is pleased to announce a new homepage at http://loc.gov/law/. It is less text-heavy, easier to scan, and includes a highlights carousel.

Two of the most used products, Congress.gov and the Guide to Law Online, are prominently displayed. The @LawLibCongress Twitter stream is now on the homepage in the right column. 

The homepage updates compliment the enhancements made in June that widened the page layout and improved search by adding metadata and related facets. For more on the June update see http://blogs.loc.gov/law/2012/06/we-have-a-new-look-changes-to-the-law-library-of-congress-website/.

Visit the blog, In Custodia Legis, for more information on the new homepage at http://blogs.loc.gov/law/2012/10/welcome-to-our-new-front-door-a-revamped-homepage/.

Gujarat HC gets woman job back after 15 years

TIMES NEWS NETWORK 

Ahmedabad: The Gujarat HC has got a woman her job back in the company that fired her 15 years ago following a complaint against two colleagues for sexual harassment at workplace. 
    An industrial tribunal had earlier ruled in the woman’s favour and ordered the company where she worked — Lyka Labs — to pay her Rs 50,000 towards compensation for sexual harassment, all wages, as well as, Rs 2,500 towards litigation cost. 
    However, the tribunal did not accept her demand to reinstate her in the job, and the company agreed to pay the sum in lieu of reinstatement. Justice S R Brahmbhatt, however, held that fetching her money was not enough, and ordered her reinstatement. 
    The woman had already put in 10 years of service as an operator, when she joined a new union called Gujarat Kamdar Mandal in 1995. She began facing problems after this.


Source:::: The Times of India, 25-10-2012, p.11.
http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

HC differs on judicial backlog data

Says Those Out On Bail Are Not Undertrials; So Figure Is 13k & Not 28.6L

Rebecca Samervel TNN 

Mumbai: Bombay high court has disagreed strongly with the National Crime Record Bureau’s figures on judicial backlog in Maharashtra. The court said that “strenuous efforts to reduce overall pendency of cases...have achieved great results”, with the “undertrial prisoner” population in the state at 13,425 at the end of September this year. 
    Statistics released by NCRB, and quoted by TOI in a report, had pegged the “undertrial” population at 28.6 lakh. These included those in prison and out on bail. According to NCRB data, 31 lakh undertrials were awaiting verdict in Maharashtra in 2011. Of these, just 2.4 lakh saw their cases conclude during the year. The remaining 28.6 lakh undertrials are waiting for their fates to be decided another day. Compared to rest of the country, the figure was the highest among all states. 
    However, the high court disputes the NCRB’s definition of ‘undertrial’. According to its registrar general, the term applies to only those who are incarcerated and not those out on bail. By this understanding, the undertrial prisoner population in Maharashtra in 2010-end was 15,744. By 2011-end, it diminished to 14,873 and by end of this September to 13,425. S B Shukre, registrar general of the Bombay high court, said, “Undertrial refers to only undertrial prisoners.” 
    He said a letter has been sent to NCRB in Delhi, seeking a correction of the figures. When contacted, NCRB joint director Nasir Kamal said, “We have received a letter from the Bombay high court and are looking into the matter. We will check the figures and get back.” 
    Bombay high court said that disposal rate had increased greatly over the last five years. While in 2007 the number of cases disposed of was 19.67 lakh, in 2011 this number went upto 26.25 lakh. Till September 30 this year, a total 16.88 lakh cases had been disposed of. Over the last five years, there were also periods when the number of cases disposed of surpassed the number of cases instituted. In 2011, 19.96 lakh cases were instituted and 26.25 lakh disposed of. Till September 30 this year, 13.48 lakh cases were instituted and 16.88 lakh disposed of. 
    Shukre said that pendency has drastically dropped from 41.35 lakh in July 2010 to 29.36 lakh on September 30 this year. “All this was done without any major additions to the existing manpower and infrastructural requirements and by only focusing on effective use of existing procedural law and devising new approaches to the way dockets are managed by individual courts,” Shukre said. 
    R N Laddh, registrar, Inspection II, Bombay high court, said that alternate remedies like Lok Adalat have helped bring down the figure. However, legal experts feel the there is a pressing need to increase the number of competent judges. “29 lakh pending cases is still a big number. The courts are short of judges and competent judges need to be appointed soon,” said Justice H Suresh, a retired Bombay high court judge. 
 
FIGURE IT OUT 
    National Crime Records Bureau had pegged the ‘undertrial’ population in Maharashtra at 28.6 lakh, the highest in the country. The figure includes those in jail and those out on bail. But Bombay high court disputed the figure, saying those out on bail cannot be called undertrials 
    By this definition, it said, the undertrial population in Maharashtra at the end of September 30 this year was only 13,425. NCRB authorities admitted they had received a letter from Bombay HC in this regard and were checking the figures.
    HC also said that pendency of cases had drastically dropped from 41.35 lakh in July 2010 to 29.36 lakh on September 30 this year



Source::: The Times of India, 23-10-2012, p.08. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Foetus malformed but abortion denied

Full-Term Baby Dies Soon After Birth

Pratibha Masand | TNN 

    In a throwback to the 2008 Niketa Mehta case that questioned the 20-week legal limit for medical termination of pregnancy and created a debate over the sensitive issue, another woman in the city was recently faced with a similar dilemma. 
    Usha Jethwa was 26 weeks pregnant when she realized that her foetus was abnormal. An ultrasound revealed that it had anencephaly, a condition in which the foetus has no brain and hardly any skull. For three months since the report, the 22-year-old went to three clinics to abort the pregnancy, but could not as the law does not allow it (See: ‘What the law says’). Jethwa delivered a full-term baby on Sunday; the baby died within hours. 
    The Borivli-based wife of a tailor was told by doctors that she would either have a miscarriage, a stillbirth or the baby would die soon after birth. “It was terrible to hear that my baby would suffer such a fate. When my family and I thought about it, we realized it was better to abort as there was no point carrying it for another three months,” said Jethwa. 
    She appealedtotwo private nursing homes for abortion and even approached a municipal maternity home. “But all the doctors refused to do it citing the law.” 
    There is a growing line of thought among doctors, though, that abortion laws in our country mustbe amended. According to the Medical Termination of Pregnancy (MTP) Act, 1971, abortion may be performed after 20 weeks of pregnancy only to save the woman’s life. Several medical experts told TOI that abnormalities like the ones Usha’s baby suffered should be included as a valid reason after 20 weeks.
    Dr Nozer Sheriar, secretary general of The Federation of Obstetric and Gynaecological Societies of India (FOGSI), said a central government committee was set up some time ago to come up with recommendations for amendment to the MTP Act, to provide for solutions to such problems. But because these clash with provisions under the Pre-Natal Diagnostic Techniques (PNDT) Act, the government has been going slow on the issue.” 
    Reacting to Jethwa’s dilemma, Sheriar said, “The MTP Act needs to be modified since not everything is included in it. Doctors are being over-cautious because there are cases where the Act is misused. Certain doctors perform abortions in the name of threat to a mother’s life when, in reality, they practise female foeticide.” 
    A sizeable number of doctors are therefore “deeply concerned” about the possibility of misuse if the 20-week limit is pushed further. 
    Dr Rekha Daver, head of gynecology at state-run J J Hospital, said that most congenital malformation, can be detected in the 14th to 16th week of gestation. “The majority of women—especially from the lower socio-economic strata—do not consult a gynecologist until there is a complication or they have to register for delivery. The ideal first ultrasound should be done in the fourth month.”  

MTP & LEGAL DEBATE THE 2008 CASE OF NIKETA MEHTA 
    In July 2008, Bhayander’s Haresh and Niketa Mehta approached Bombay high court questioning abortion laws that do not permit medical termination of pregnancy beyond 20 weeks even when a child’s health is at risk. Niketa was 24 weeks into her pregnancy. The foetus had a congenital heart blockage and malpositioned arteries. The Mehtas and Dr Nikhil Datar, Niketa’s gynaecologist and a co-petitioner in the case, wanted to challenge the Medical Termination of Pregnancy Act.
    They urged the court to ensure that the Act permit abortion beyond 20 weeks not just when a pregnant woman’s life was at risk but also when the newborn may have a severe congenital disability.
    Section 3 of the Act allows for abortion between 12 and 20 weeks if the baby’s health is at risk, after two doctors certify this On August 4, the HC dismissed their plea seeking permission to abort.
The HC said the couple and doctors could not establish grounds fit enough for the court to step in and make an exception by exercising its extraordinary jurisdiction 
Niketa had a miscarriage in the 27th week of her pregnancy.

WHAT THE LAW SAYS 
    The Medical Termination of Pregnancy Act, 1971, permits abortion only if the pregnancy poses a risk to the woman’s life or grave injury to her health or when there is a substantial risk of the child being born with abnormalities. A medical practitioner may terminate the pregnancy up to 12 weeks. But between 12 to 20 weeks, opinion of two medical practitioners is required. The limit may be crossed only when the procedure is performed to save the woman’s life 
 
THE CURRENT CASE 
In the 26th week of her pregnancy, Usha Jethwa underwent an ultrasound 
The results revealed that her baby suffered from anencephaly, a condition in which the baby’s brain and skull are not formed 
She approached three clinics but was denied abortion 
Usha delivered a full-term baby; the baby died soon after  

Times View: Let the mother decide 
 It happened to Niketa Mehta in 2008. Now another Mumbaikar, Usha Jethwa, has suffered similarly. Both women had found out during their pregnancy that their unborn child had such severe physical problems that he or she wouldn’t be able to live normally. Yet their pleas for abortion were turned down on the technicality their pregnancy was over the stipulated 20-week period for abortion. But the medical fraternity is now of the view that if the mother wishes to end her pregnancy after learning about some severe health problem to herself or the foetus, she should be allowed to do so. In countries such as the UK, abortions are allowed up to 24 weeks of pregnancy. Medically speaking, terminations beyond 20 weeks are hence possible. It is perhaps time to look at the law and make special provisions to ensure that there are no more Niketa Mehtas or Usha Jethwas. While there is no denying that issues involving medical ethics are difficult to answer, the law can weave in stringent protocols to ensure that concessions are not exploited.


Source::: The Times of India, 23-10-2012, p.02. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Banasthali University locked up molestation victims

TIMES NEWS NETWORK 

Jaipur: Rajasthan’s State Women Commission has indicted the Banasthali University management for suppressing facts about two girls’ molestation in the campus in September, leading to protests that paralyzed the varsity for almost a week. 
    The commission submitted its probe report to CM Ashok Gehlot on Sunday and urged him to direct police to take appropriate action. The report suggests that most top positions in the varsity are held by a particular family and they tried to suppress the incident. The role of the police, too, is under the scanner. 
    The report also slammed the Banasthali administration. “Initially, they refused to share information on the unrest. Our team had to use judicial powers to access information, which shows the dark face of the university,” said Lad Kumari Jain, State Women Commission chairman. 
    The committee found that a molestation bid took place on September 13. A written complaint was sent to hostel warden Lalita Rautela on September 15 but she reported it to V-C Aditya Shastri only on October 4 after students protested. 
    Shastri told reporters he was on leave from September 15 to October 4, which turned out to be a lie. The report further established that both victims of molestation were locked inside the hostel for hours. They were freed after the police broke the lock.

Source::: The Times of India, 22-10-2012, 10. 
http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Can’t lodge an FIR on defamation charges

What is the difference between criminal defamation and civil defamation cases?     Civil proceedings are aimed at securing damages. The defamation case filed by Louise Khurshid against the India Today group, for instance, demands damages to the tune of Rs 1 crore. Had she sought higher damages, she would have had to pay a higher court fee. There is no such financial liability in the case of criminal proceedings — the route chosen by Nitin Gadkari in his case against Digvijay Singh. That defamation case is aimed at securing Singh’s conviction years. The criminal offence of defamation is non-cognizable. This means that nobody can lodge an FIR; it can only be initiated as a complaint in a court. It is also a bailable offence. Whether the proceedings are civil or criminal, the cause of action can be the same statement. There is a difference, however, in what need to be legally proved in each proceedings. 
 
What is the burden of proof in the two kinds of defamation proceedings? 
    In a civil case of defamation, the plaintiff will first have to prove that the statement in question, besides being published, was false and damaging to his reputation. As a corollary, truth is a complete defense against a defamation suit for damages. When it comes to criminal defamation, the accused has to establish that his statement was “substantially true” and was for the public good. Then, the accused would have countered the charge of acting out of malice. 
 
    How does the defense of truth come into play when the allegedly defamatory statement is not so much about facts as opinion? 
    When an opinion is the subject of litigation, the defendant will have to show that he had acted in good faith. The Indian Penal Code is liberal enough to provide such a defense especially when it comes to criticizing public servants. One of the exceptions in Section 499 IPC says: “It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct.” Thus, fair criticism is allowed when it is for the greater common good. 
 
    What is libel? And what is slander? 
    Libel is the publication of a defamatory statement in a permanent form (especially in print or electronic media) while slander refers to defamation by oral utterance rather than by writing or pictures.



Source::: The Times of India, 22-10-2012, 11. 
http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

HC: Can’t deny edu loans due to low marks

TIMES NEWS NETWORK 

Chennai: Banks cannot deny an educational loan to a student on the grounds that his or her academic record is poor, the Madras high court has ruled. 
    “The bank cannot deny educational loan on the grounds that the academic record of the petitioner at the school level was very poor,” said Justice D Hariparanthaman in a ruling on a writ petition of a scheduled caste girl. He added, “There’s no such provision in the circular of the bank that the loan can be sanctioned only if the academic performance of the student was very good at the school level.” 
    Justice Hariparanthaman further said, “I have noted in my earlier order dated September 15, 2010, that Dr B R Ambedkar obtained only 287 marks out of 750 in the matriculation examinations and his educational need was taken care of by the king of Baroda on the ground that he belongs to scheduled caste.” 
    Noting that the Union government had introduced the educational loan scheme to help the economically weaker sections and not even a third party guarantee was required for disbursement of loans up to Rs 4 lakh, Justice Hariparanthaman asked the Punjab National Bank to sanction educational loan to the student within four weeks.


Source::: The Times of India, 22-10-2012, 09. 
http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

SR CITIZENS FIGHT OVER FINANCES

Woman seeks 1cr alimony over hubby’s ‘Swiss bank a/c’

Shibu Thomas TNN 

Mumbai: Swiss bank accounts have the power to not just send politicians into a tizzy, but these days, it can cause minor tremors in divorce battles between warring couples. An account in a Swiss bank has surfaced in a more than a decade old legal fight between aSoBo couple—both senior citizens. Worli resident Seema Sadrangani has pointed to the Swiss bank account allegedly belonging to her former husband Mahesh Sadrangani, who lives in a sprawling flat at Cuffe Parade, to buttress her claim for a permanent onetime alimony of Rs 1 crore. 
    A division bench of Justice V M Kanade and Justice P D Kode last week asked the couple to try and arrive at a workable alimony which will ensure that Seema is looked after. “Seema is a senior citizen and may be required to spend money on medicines. Ensure a good maintenance so that she is cared for,” said Justice Kanade. 
    Seema and Mahesh—both in their 60s—have been fighting a divorce battle which has gone all the way to Supreme Court. While Mahesh stays in a2,000 sq ft flat in Cuffe Parade and owns a shop in south Mumbai, Seema lives in an 800 sq ft flat in Worli. As of now, Mahesh pays a monthly maintenance of Rs 20,000 to Seema. Her lawyer said it was not enough: “The cost of medicines works out to around Rs 11,000 per month,” the lawyer told the court. He also pointed 
to the existence of a Swiss bank account “with substantial money in dollars” belonging to the husband. 
    According to Seema, she had transferred money to this account to prove the existence of the account before the family court. Mahesh has denied the existence of any such bank account. 
    “There have been cases where the spouse who is supposed to pay has gone to great lengths to hide income, while the aggrieved spouse has even engaged the services of a detective to find out the real income of the other side,’’ said a family court lawyer. 
    In the present case, Mahesh last week, during the court hearing, offered to pay Rs 30 lakh as alimony. Seema has, however, sought a onetime settlement of Rs 1 crore. Mahesh’s lawyers disputed that Seema was in need of money. “The daughter’s wedding was held in a 5-star hotel recently. If she is really short of money, what was the need to hold the ceremony there?” said the lawyers. 
    The court gave the couple a week’s time to find common ground and even suggested a way out—with Mahesh making a fixed deposit of around Rs 30 lakh and paying a monthly maintenance of around Rs 50,000. “Since the relation is over, Mahesh does not want to continue any link by paying a monthly maintenance and wants to settle it finally by paying a lump sum amount,’’ said the advocate representing Mahesh. The court has scheduled further hearing of the case on October 18. (Names of the couple have been changed to protect their identities)


Source:::: The Times of India, 18-10-2012, p.04. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Lawyers on BMC, state roll cannot practise in court

Swati Deshpande TNN 

Mumbai: The civic body will soon have to get a new army of lawyers to represent it in courts. This is because the Bombay high court has held that law officers employed by the BMC cannot practise as advocates in courts to represent the civic body. 
    Similarly, all assistant public prosecutors cannot be appointed as district court judges as they are employees of the state, said a full-bench of Justices D Y Chandrachud, V M Kanade and A A Sayed. In both cases, there would be a conflict of interest and duty if held otherwise, said the high court. 
    At present, the BMC is engaged as an active party in over 4,000 cases in courts. While BMC’s special counsel Milind Sathe sought a year’s time to make the necessary administrative changes, the high court said six months should suffice. 
    A provision in the Advocates Act framed by the Bar Council of India (BCI), the apex governing body of lawyers, prohibits full-time salaried employees from practising as lawyers in court. The prohibition is to protect the independent autonomy of an advocate as a member of the legal profession, said the BCI. An exception to the rule was made to allow the BMC and government law officers to appear and plead on behalf of the civic body and the state in courts before judges. Earlier this year, the BCI deleted the exception. 
    The full bench has now held that the deletion was correct as a “lawyer owes duty first to the cause of justice as an officer of the court”. “The Maharashtra Judicial Service Rules ensure independence and integrity of district judges in the state. It is the judiciary as an institution at the level of talukas and districts which comes into interface with the lives of citizens. The people’s perception in the district judiciary determines the credibility of the institution,” observed the court.


Source:::: The Times of India, 18-10-2012, p.05. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Citizens in dark about tinted glass rule

Clara Lewis TNN 

The traffic police’s zealous crackdown on dark films on car windows has taken Mumbaikars by utter surprise, with many of them arguing that the authorities should have spread awareness before conducting the uncompromising drive. 
    Nearly 5,000 drivers have been booked and Rs 5 lakh collected in fines since the campaign against sun-protection films was launched on October 11. The drive was launched following a Supreme Court order that was implemented across the country on May 4, prohibiting the pasting of dark films on vehicles’ windscreens and windowpanes, a common practice followed by 
motorists often to shield against the sun. The order was issued in a bid to check the rising incidents of crimes committed inside vehicles, with culprits taking advantage of the films blocking the view into cars. 
    The SC order says car manufacturers may produce vehicles with tinted glasses where visual light transmission is 70% for windscreens and 40% for side glasses (windowpane). “But the tinted glasses provided by car manufacturers usually allow visual light transmission of a mere 20%, making it difficult for the AC to work efficiently, given Indian weather,” said an aggrieved motorist. 
    Anil Joseph, who was stopped by the police at Bandra-Worli Sea Link, was told that he would have to peel off the films from the side glasses. “But the regional transport office allowed films on glasses. You could get a certificate saying the films were authorized by it,” he said. “If there is a change in guidelines, shouldn’t the authorities inform us in advance and mention the date of implementation?” When Joseph argued with the police that the film on the windowpane was transparent enough for anyone to see inside his car, he was fined. When he refused to pay, he was issued a challan and asked to appear before Bandra court on October 29. 
    Activist Rishi Agarwal also feels the RTO should have conducted an awareness drive and given motorists time to remove the films. “There are no hoardings or advertisements informing the public about the change in rules or how to go about it,” Agarwal said. 
    RTO officials also admitted that the department did not inform people of the guidelines. “The traffic police issued circulars and we presumed that people were aware of the change,” said an official. Though another official passed the buck to the traffic cops, it is actually a joint campaign of both. “We have issued directives to all car manufacturers and dealers about the dark films and tinted glasses. We are also not passing any car during registration, if there are dark films on windows,” said an RTO official. Senior traffic police officials said they were strictly following the SC order, which stated that the police should not only book offenders but also ensure that films pasted on safety glasses be removed. 
 
    (With inputs by Somit Sen & Nitasha Natu) 
5K booked, 5L fine collected since Thursday 
    The traffic police department booked more than 5,000 motorists and collected a fine of Rs 5 lakh till Saturday, three days after it launched a campaign against dark films pasted on car windowpanes and windshields. 
    The police plan to make this drive permanent, just like their anti-drunk driving crusade. 
    The campaign was started following a Supreme Court order prohibiting the pasting of tinted films, of any visual light transmission (VLT) percentage or any other material, on safety glasses, windscreens (front and rear) and windowpanes of all vehicles. “Our personnel have been impounding the licences of offenders and issuing them challans. The licences are returned only when the film is removed,” a traffic official said. The penalty is Rs 100 and the offender is booked under section 100 (2) of the Central Motor Vehicles Rules, 1989. 
    It was on May 4 that the apex court’s order against the misuse of dark films on four-wheelers’ glasses came into force. Again on August 3, the SC warned of contempt action against state police chiefs if the order was not taken seriously. “We are requesting voluntary compliance from people,” said additional commissioner (traffic) Brijesh Singh.  

WINDOW TO CLARITY MAY 4 SC order prohibiting the use of dark films on car windowpanes and windscreens was implemented 
    The Order by Chief Justice S H Kapadia and Justice A K Patnaik: We prohibit the use of black films of any VLT (visual light transmission) percentage or any other material upon the safety glasses, windscreens (front and rear) and side glasses of all vehicles throughout the country. The home secretary, directorgeneral/commissioner of police of the respective states/Centre shall ensure compliance with this direction. The directions contained in this judgment shall become operative and enforceable with effect from 4 May, 2012.
    Going by the order, car manufacturers can produce vehicles with tinted glasses that have “visual light transmission of windscreen (front and rear) as 70%. and side glasses 40%”. But no films can be pasted on the glasses later, a common practice to block out the sun.
    The SC clarified that the law did not allow even VIPs to use such films. But while it made an exception for people with security risk, it clarified that the exemption should be granted to only official vehicles of people with threat perception.


Source:::: The Times of India, 15-10-2012, p.02. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW&AW=1350288044348