75k cases pending in sessions court

80 Judges Sanctioned, But Only 21 Heard Matters Last Year

Nitin Yeshwantrao TNN 

Thane: More than 64,000 civil cases and over 11,000 criminal cases were pending in the Mumbai civil and sessions court by December 2012 due to absence of judicial officials, says a performance report compiled by the state law and judiciary department. 
    While the prolonged adjournments and the length of the trial has raised questions over the justice delivery, a look at the report suggests that the Mumbai sessions court is struggling with complex cases due to scarcity of judges. 
    As against the sanctioned strength of 80, the Mumbai sessions court has a mere 21 judges, who dealt with matters for 235 days during 2012, reveals the document. This disparity has contributed to the record-low disposal of cases till December 2012—19% for civil cases and 67% for criminal cases. 
    Of the 80,554 civil litigations pending trial in 2012, the Mumbai sessions court disposed a mere 19% or 15,591 cases by December 2012. Put simply, the remaining 64,000-plus cases would be carried forward in 2013 and the numbers will swell with addition of this year’s fresh cases. 
    Experts attributed the rise in civil litigations to growing property disputes in metros and semi-urban townships and to the archaic revenue and land laws that contribute to the mounting civil cases pile. 
    But, the disposal of criminal cases in the Mumbai court, in comparison, appears better as verdict was given in 24,217 of the 35,644 cases on trial during 2012, taking the disposal rate to 67%. 
    Attributing the high pendency to inadequate strength of judges, advocate Arti Kalekar said quality of rulings could be affected given the pressure on judges for speedy trial and disposal. 
    Conversely, the disposal rate of criminal and civil cases reached a new high of 54% in the Thane sessions court by the 2012-end. Judgments were pronounced in 39% civil cases here by December last year. 
    The police expressed confidence in the Thane district court as “cases are expeditiously dealt with and convictions/ acquittals are pronounced in one-two years”. 
    Of the 36,644 pending criminal cases, 19,938 were disposed of by 2012-end in the Thane sessions court. On the civil side, the disposal was a good 39% with judgments given in 37,751 of the 96,851 cases.

Source::::::::  The Times of India, 20-05-2013, p.06, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Bldg height must conform to road width rule: Centre

Clara Lewis TNN 

Mumbai: The central environment ministry has held that the February 2012 guidelines co-relating the height of a building to the width of the road and the distance of fire stations from the proposed buildings are mandatory. 
    The letter follows a directive from the state environment ministry to the state expert appraisal committee (SEAC) that the guidelines are advisory in nature. The directive was issued following a Bombay high court interim order that the guidelines be treated as advisory in nature. Any proposal rejected in the past and re-submitted before the final hearing in court on June 14 are to be reviewed. 
    Valsa Nair-Singh, secretary environment, said her note to the SEAC-2 with environment clearance for projects in the Mumbai Metropolitan Region is specific to the petitioner—the Maharashtra Chamber Housing Industry (MCHI)— who filed the writ in the Bombay HC. Deepak Goradia, vice-president of MCHI said that around 62 highrise proposals, a majority from Mumbai, have been rejected. 
    Officials said nearly all builders in Mumbai are members of MCHI and will get a reprieve. “The final hearing is in June so matters will become clear then,” said Nair-Singh. 
    The MoEF guidelines linking the height of a building, the width of the road and the building’s distance to the nearest fire brigade are meant to guard against an overload on the infrastructure and to ensure fire tenders can reach a highrise immediately during an emergency. 
    The guidelines are for buildings more than 15m in height. For example, a building 30- 45m tall should have a road at least 18m wide and a fire station within 5km. The EAC also stressed the need for mock drills and No-Objection Certificates from concerned departments before construction and occupancy. 
    In an Office Memorandum dated May 4, Lalit Kapur, director, MoEF has said the ministry had set up the Dr K Kasturirangan committee to review the November 2006 notification related to buildings, roads, SEZ projects and the February 2012 guidelines for highrise buildings. 
    “The committee has submitted its report which is now being examined. Pending a decision on the report, the guidelines will continue to apply.” 
    The MCHI had argued before the court that civic development control regulations already cover issues that are mentioned in the guidelines, such as the height of a building vis-à-vis the width of a road, an NOC from the fire brigade etc, said Goradia.

Source::::::::  The Times of India, 20-05-2013, p.03, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Flat owners in country’s tallest towers take on builder over VAT  2 Residents Send Legal Notice, Developer May File Counter Complaint

Rajshri Mehta TNN 

Mumbai: Trouble is brewing at The Imperial, India’s tallest twin 60-storey residential towers at MP Mill compound in Tardeo. For the past few months, residents have been embroiled in a legal dispute with the developer, S D Corporation (SDC), over the latter’s demand for value-added tax (VAT). 
    Some of the residents claim the developer has not given them parking slots because of the dispute. Recently, two of the residents sent a legal notice to SDC, stating they are not liable to pay the VAT —an average Rs 40 lakh per flat —as it was not part of their sale agreement and they were not informed about it when the flats were sold in 2007. 
    SDC, a joint venture between construction firm Shapoorji Pallonji and builder Dilip Thakker, refuted the allegations. “No flat buyer has been denied possession of parking slot or flat,” SDC director Amit Thacker said. 
    The Imperial is home to influential individuals like Axis Bank CEO Shikha Sharma, HDFC chairman Deepak Parekh’s son, senior lawyer Satish Maneshinde and senior management executives of US private equity fund Blackstone. There are 116 flats in the two luxury towers; each flat costs an average of Rs 25 crore. 
    In a notice sent on behalf of a resident, lawyer Javed Gaya stated that SDC should have informed his client of the liability considering they were party to a writ petition filed in September 2007 against VAT. “This liability could have been factored into the purchase price. There was no provision for VAT in the letter of option (LoO) which deals with all liabilities, including service tax, to be paid by us. As it has been agreed that the conditions in LoA will supersede those in the contract agreement in case of a conflict, SDC’s action of surreptitiously inserting this liability in the sale agreement is unacceptable to us,” the notice stated. 
    The issue dates back to early 2012 when SDC started giving possession of flats. As the possession was delayed by two years, some residents demanded that SDC pay them interest at the rate of 11% interest per annum for the period as per the agreement. Even as the quantum of penalty was being debated, the SDC issued a demand notice for VAT. 
    Residents claim that when they voiced their objections, the SDC, through the security guards employed by it, restricted their entry and that of labourers employed by them to renovate their flats. The developer allegedly refused to give possession of flats and car parking slots till VAT was paid. 
    “Eleven of my son’s friends —all senior financial executives —purchased flats here because of him. Though VAT has been paid for my two flats, the developer is not giving me parking slots because my son has refused to pay VAT for his flat. Such behavior is very unbecoming of SDC,” said a resident, whose son is a senior executive with Blackstone and has a VAT liability of Rs 40 lakh. 
    Two of the residents, including one whose VAT liability is Rs 70 lakh—filed a complaint with the Tardeo police after their imported cars—a Mercedes and a BMW —were damaged. The cars were allegedly damaged in the parking garage which has CCTV cameras. 
    The SDC’s director said a section of residents was using armtwisting tactics to get their VAT liabilities waived. “Even after the Bombay high court upheld the levy, some purchasers have refused to reimburse the VAT amount we had paid on their behalf,” said Thacker. “They have breached the terms of the agreement. We are contemplating legal action for recovery of the VAT amount from these flat buyers.” 


HOUSE THAT | The Imperial comprises two 60-storey residential towers in Tardeo 
The towers were constructed by S D Corporation, a joint venture between construction magnate Shapoorji Pallonji and businessman Dilip Thacker . The towers have 228 luxury flats ranging from 2,500 sq ft to 10,000 sq ft. The flats, depending on the size, come with a price tag of 25-85 crore There are eight 10,000 sq ft penthouses.

TARDEO TUSSLE THE DISPUTE | Some residents claim the developer has not given them parking slots because of their refusal to pay VAT. Recently, two of the residents sent a legal notice to SDC, stating they are not liable to pay VAT—an average 40 lakh per flat—as it was not part of their sale agreement and they were not informed about it when the flats were sold in 2007.

THE OTHER SIDE | SDC director Amit Thacker denied the allegation saying, “No flat buyer has been denied possession of parking slot or flat. Of the 116 flat buyers on whom VAT is applicable, 111 have already paid.” While a majority of the purchasers had deposited VAT in escrow. Some had said they would pay when demand notices were issued by the authorities concerned. “They have breached the terms of the agreement. We are contemplating legal action for recovery of VAT from these flat buyers,” said Thacker


Source::::::::  The Times of India, 20-05-2013, p.03, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

City saw 44% more abortions last year

Pratibha Masand & Malathy Iyer TNN 

Mumbai: The city witnessed a 44% rise in the number of abortions last year, shows BMC data. 
    While 19,701 abortions were registered in 2011, BMC data from various public and private hospitals and nursing homes in 2012 showed 28,455 abortions. Bhandup turned out to be the abortion capital in 2012 (it recorded 2,603 cases), Chembur was pretty close with 2,509 abortions and Andheri (east) ranked third with 2,489. The data was given in response to a query by RTI activist Chetan Kothari. 
    However, health experts say that the steep increase in the number of abortions shouldn’t be linked to sexdetermination tests. “Most of these abortions have been carried out in the first trimester when it isn’t possible to detect the sex of the foetus,” said a doctor with a BMC hospital. 
    So, what is the reason for the sudden increase? Public health officials say it is largely due to better reporting of data by hospitals brought on by computerisation.Abortion data reveals lack of options: Experts 
Mumbai: The city witnessed a sharp 44% rise in abortions last year. 
    “2012’s data is absolutely accurate in terms of reporting. Because of the stringent following of the PCPNDT law, most MTP centres started reporting abortions accurately,” said Dr Arun Bamne, BMC’s executive health officer. He added that some areas are bound to have more number of abortions owing to better healthcare facilities. 
    In 2011-2012, the state government started a widespread crackdown on doctors and clinics for not adhering to the PCPNDT rules and took action against over 400 doctors. In the same period, it started a check on abortion clinics. 
    Dr Rekha Daver, who heads the gynaecology department of the state government-run JJ Hospital in Byculla, believes computerization is the main reason. “Most hospitals have to report their numbers online to the government or local municipal corporation website. The 44% increase is most likely due to computerized reporting,” said Dr Daver. 
    As per the government rules, the hospitals have to upload their statistics by the fifth of every month. 
    Many experts feel there is another reason for the rising numbers—fewer options for women with regard to the method of abortion. After the government crackdown last year on doctors as well as on chemists stocking medical abortion pills, women have had no option but to opt for surgical abortion at hospitals. 
    “Chemists stopped stocking medical termination of pregnancy (MTP) drugs and kits. Which is why more women may have opted for surgical abortions,” said Dr Nozer Sheriar, secretary general of Federation of Obstetric and Gynaecological Societies of India. 
    Dr Nikhil Datar, a gynaecologist from northwestern suburbs, said, “It could be the result of better reporting of both medical and surgical abortions.’’ 
    A doctor working with a BMC hospital said that previously women went to non-certified quacks for medical abortions but now they are forced to go to registered practitioners after the crackdown on chemists by FDA. “So more medical abortions that were previously not registered are being registered now,’’ she said 
    Incidentally, many feel abortion data rarely shows the entire picture. Non-governmental organizations feel abortions are under-reported. “In India, an estimated 6.6 million abortions take place each year. But the government records only 6.6 lakh of them,” said Dr Sheriar. 
    Experts say that it is not possible to make out a pattern in the number of abortions over the years. “We cannot really say whether the number of abortions have gone up or not. Though with the increase in population, the number of abortions are bound to go up as abortions are always a certain percentage of the population; but the awareness about contraceptives has gone up too,” said Dr Sheriar.

Source::::::::  The Times of India, 20-05-2013, p.01, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Treat daughter-in-law as family: SC

dna correspondent @dna

New Delhi: A daughter-in-law should be treated as a family member and not as a housemaid, said the Supreme Court on Wednesday. “A daughter-in-law is to be treated with warmth and affection, and not as a stranger with ignoble indifference. No impression should be given that she can be thrown out of her matrimonial home,” a bench of justices KS Radhakrishnan and Dipak Misra said. The court expressed concern over brides being tortured and burnt in the country, and upheld the sentence of a seven-year jail term to a man for torturing his wife to an extent that she committed suicide. “Respect of a bride in her matrimonial home glorifies the solemnity and sanctity of a marriage, reflects on the sensitivity of a civilised society and epitomises her aspirations dreamt of in nuptial bliss. But the manner in which the bride is sometimes treated in many a home by the husband, in-laws and the relatives creates a feeling of emotional numbness in the society,” the bench said. “It is a matter of grave concern and shame that brides are burned or otherwise their life-sparks are extinguished by torture, both physical and mental, because of demand of dowry and insatiable greed and sometimes, sans demand of dowry,” the bench added.

(Source::::: DNA, 16-05-2013, p.10, http://epaper.dnaindia.com/story.aspx?id=45491&boxid=32959&ed_date=2013-5-16&ed_code=820009&ed_page=10)

Vacancy for Executive - Legal

 

K RAHEJA CORP (www.kraheja.com) is one of the leaders in Real Estate Development, having diverse interests in Retailing & Hospitality businesses. Established in 1956, over the five decades, K Raheja Corp has undergone a major transition from a real estate developer to a well diversified corporate. We have embarked on major growth plan in the areas of Real Estate Development, Hotels, IT Parks, Shopping Malls, Industrial Infrastructure & Logistics and Business Centres

Executive - Legal

QUALIFICATIONS:

 

Degree / Masters in Law - LLB / LLM

 

 

EXPERIENCE:

 

0-2 years of experience.

 

WORK PROFILE:

 

·         The incumbent will be part of the Corporate Legal team and will assist in the day to day legal matters.

·         Preparing Legal Notices, Plaints, Written Statements, Writ Petitions, Appeals, Case Papers, Affidavits, etc. for legal proceedings under various statutory laws.

·         Drafting and vetting various legal and commercial documents including deeds and agreements pertaining to property and other matters.

·         Liaison with government bodies, Authorities, Courts etc.

 

KEY SKILLS:

 

·         Well acquainted with basic laws of the land and basic legal procedure.

·         Excellent written and spoken communication skills.

• Proficiency in MS Office (Word, Excel, Power Point)

 

REPORTING TO:

 

Head - Legal

 

OFFICE LOCATION:

 

Bandra Kurla Complex, Mumbai

 

ANNUAL CTC RANGE:

 

Rs. 4 – 6 Lacs per annum

 

Feel free to get in touch with me for any queries on the above.

 

Regards,

 

Komal Chandnani l Assistant Manager - Human Resources

K Raheja Corp,

Level 5, Block G, Plot No. C-30, Next to Bank of Baroda, Bandra Kurla Office, Bandra (East), Mumbai 400 051.

Board: +91 22 2656 4000, Direct: 2656 4554, Fax: 022 2656 4560, Mob: +91 9167755344

LegalEra General Counsel Forum 2013 is an event organized on a huge platform to discuss the key issues facing general counsel in a time of unprecedented economic and political change. Today GC's are being at the gun point of every organization. LegalEra therefore organizes the next event –"The LegalEra GC Forum 2013" scheduled to be held on 14th June 2013, in Hotel Taj Lands End, Mumbai. This event is a unique event based on theme Corporate Governance, Risk Manganemet and Compliance. Attendees will gain insight into the innovative practices and processes in place to manage some of the most difficult corporate and legal issues of today. All the veteran general counsel from a range of industries, ready themselves for LegalEra General Counsel Forum 2013, which takes place on 14th June 2013, in Hotel Taj Lands End, Mumbai for an in-depth discussion and knowledge sharing forum where the legal and risk issues of most paramount importance will be solved.

Confirmed & Invited Speakers: Ajay Vaidya, Chief Legal Compliance Officer, Kotak Mahindra Company Ltd. Amit Thukral, Assistant General Counsel, Monsanto India Region Anand Desai, Managing Partner, DSK Legal Atulya Sharma, Head Legal, Deutsche Bank B. Gopalakrishnan, President & Head (Law), Axis Bank Ltd. Debolina Partap, AVP & Head Legal, Wockhardt Grady Loy, General Counsel, Mitsubishi Gas Chemical Company Hemant Kumar, Group General Counsel, Essar Group Kanaiya Thakker, Head Legal, Asian Paints Nilanjan Sinha, General Counsel, GE Capital India Rajeev Uberoi, Group General Counsel & Group Head - Legal & Compliance, IDFC Samuel Mani, Former Head of Legal, Infosys Limited. Sandip Beri, General Counsel, Citibank Shahana Basu Kanodia, Chief Legal Officer, Apollo Tyres Ltd. Shukla Wassan, Sr. VP Legal, Hindustan Coca Cola Suhas Tuljapukar, Director, Legasis And Many More.....

Who should attend? CFOs Group CFOs Group Finance Directors CEOs/Chairperson Managing Directors Group Finance Managers GRC Managers/Head Chief Legal Counsel Chief Compliance Officers VPs of Risk Management Director, Internal audit Director, Operational Risk Director of Finance EVP/VP Finance Chief Investment Officer CROs/ COOs Manager, ERM Risk analysts Controllers Lawyers / Law firms Benefits of attending Hear from leading experts in the industry on relevant and essential topics. Network and exchange experiences with your peers. Exclusively designed for the CROs, COOs, CFOs, CEOs and "C" level executive attendees from the top corporations in India. Feature keynote addresses and real-life case studies from recognized industry thought leaders. Emphasizes on panel discussions and networking sessions to facilitate the sharing of ideas and best practices. GC Forum is not only industry or topic focused, but also addresses important strategic issues.

SUMMER INTERNSHIP PERIOD: 4 weeks

Commencing: May 13, 2013 (Monday)

Interviews on : May 9, 2013 (Thursday) and May 10, 2013 (Friday)

Interview Batch Timings: 11am, 1pm, 3pm and 5pm

To Book Your Interview slot please call on 022-61803352 / 61/ 63 and speak to Ms. Fiona Monteiro, Ms. Arshi Ansari or Mr. Anthony Fernandes ASAP!!

JOB DESCRIPTION:
Excellent opportunity for law students to work with some of our best-in-class attorneys and Expat lawyers staffed on corporate transactional Litigation assignments with Pangea3's, most prestigious international clients. This opportunity will help law students acheive a deeper understanding of Litigation e-Discovery work and related platforms in a practical environment. The responsibilities would include the following:

• Reviewing documents for relevance to the case, privileged and special concepts as per client instructions
• Conduct US law based research
• Draft legal memoranda
• Summarize case law
• Review and categorize documents based on client specified criteria
• Conduct 50 state surveys
• May include attending legal training and certification courses
• Maintain a volume count consistent with project/engagement average; Accuracy 95%; follow process instructions 80% of the time; on time delivery (OTD) achieving 95% on client deliverables.
• Comprehending the case and understand the overall purpose of the review

QUALIFICATION:

• Pursuing LL.B in the 3rd, 4th or 5th year of studying law

DESIRED COMPETENCIES:

• Excellent communication and writing skills
• Good legal knowledge
• Basic knowledge of MS word, excel, power point
• Good comprehension
• Team player
• Possess research and analytical skills

COMPANY DESCRIPTION:

Pangea3 (a Thomson Reuters company) is the global leader in legal outsourcing services recognized as Best LPO in the 2011 and 2012 New York Law Journal Reader Rankings, awarded LPO of the Year by India Business Law Journal for the last four years in a row (2009-2012) and also ranked as a Top 5 Legal Process Outsourcing (LPO) provider in each of their award categories besides getting recognized as a best managed company by Inc. Magazine.  We are a high-growth, fast paced, exciting group of lawyers, engineers, and business professionals working together to achieve excellence as a globally recognized legal services provider in the newest frontier of professional services outsourcing from India.  We are revolutionizing the way lawyers around the world practice law and we are having a tremendously fun time doing it.  This is an ideal opportunity for a large law firm lawyer to take his / her career in a dramatically new and exciting direction.

Address:

Pangea3 Legal Database Systems Pvt. Ltd.

Unit No. 102 – B, Ground floor,

Leela Business Park,

Andheri – Kurla road,

Andheri (E),

Mumbai 400 059.

In case of any queries, you can give us a call on the mentioned numbers or revert via email.

Kindly provide us the details of the interested students.

Regards,

Arshi Ansari
Project Consultant - Human Resources, Pangea3

Thomson Reuters

Toll Free (US): +1 (866) 394-7414 / +1 (877) 311-8528 (Board Line)

Phone: +91 (22) 6180-3000 (Board Line)

SUMMER INTERNSHIP PERIOD: 4 weeks

Commencing: May 6, 2013 (Monday)

Interviews on : May 2, 2013 (Thursday) and May 3, 2013 (Friday)

Interview Batch Timings: 9am, 11am, 1pm, 3pm and 5pm

To Book Your Interview slot please call on 022-61803352 / 61/ 63 and speak to Ms. Fiona Monteiro, Ms. Arshi Ansari or Mr. Anthony Fernandes ASAP!!

JOB DESCRIPTION:
Excellent opportunity for law students to work with some of our best-in-class attorneys and Expat lawyers staffed on corporate transactional Litigation assignments with Pangea3's, most prestigious international clients. This opportunity will help law students acheive a deeper understanding of Litigation e-Discovery work and related platforms in a practical environment. The responsibilities would include the following:

• Reviewing documents for relevance to the case, privileged and special concepts as per client instructions
• Conduct US law based research
• Draft legal memoranda
• Summarize case law
• Review and categorize documents based on client specified criteria
• Conduct 50 state surveys
• May include attending legal training and certification courses
• Maintain a volume count consistent with project/engagement average; Accuracy 95%; follow process instructions 80% of the time; on time delivery (OTD) achieving 95% on client deliverables.
• Comprehending the case and understand the overall purpose of the review

QUALIFICATION:

• Pursuing LL.B in the 3rd, 4th or 5th year of studying law

DESIRED COMPETENCIES:

• Excellent communication and writing skills
• Good legal knowledge
• Basic knowledge of MS word, excel, power point
• Good comprehension
• Team player
• Possess research and analytical skills

COMPANY DESCRIPTION:

Pangea3 (a Thomson Reuters company) is the global leader in legal outsourcing services recognized as Best LPO in the 2011 and 2012 New York Law Journal Reader Rankings, awarded LPO of the Year by India Business Law Journal for the last four years in a row (2009-2012) and also ranked as a Top 5 Legal Process Outsourcing (LPO) provider in each of their award categories besides getting recognized as a best managed company by Inc. Magazine.  We are a high-growth, fast paced, exciting group of lawyers, engineers, and business professionals working together to achieve excellence as a globally recognized legal services provider in the newest frontier of professional services outsourcing from India.  We are revolutionizing the way lawyers around the world practice law and we are having a tremendously fun time doing it.  This is an ideal opportunity for a large law firm lawyer to take his / her career in a dramatically new and exciting direction.

Also, pfb the link for the Internship opportunity.

http://www.linkedin.com/jobs?viewJob=&jobId=5562685&trk=vsrp_jobs_res_name&trkInfo=VSRPsearchId%3A1361592491367316217130%2CVSRPtargetId%3A5562685%2CVSRPcmpt%3Aprimary

In case of any queries, you can give us a call on the mentioned numbers or revert via email.

Kindly provide us the details of the interested students, especially the class representative.

Regards,

Arshi Ansari
Project Consultant - Human Resources, Pangea3

Thomson Reuters

Toll Free (US): +1 (866) 394-7414 / +1 (877) 311-8528 (Board Line)

Phone: +91 (22) 6180-3000 (Board Line)

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