Law Exams are Postponed:

The Law examinations which are scheduled to commence from 29th/30th October, 2012 are postponed to 27th/29th Nov. 2012. For detail information please click the following URL: http://www.mu.ac.in/examsc173a.pdf

Govt unveils ambitious scheme to settle court cases within 5 years

Panels set up to ensure justice isn’t denied due to inordinate delays

Kanu Sarda l New Delhi

With over three crore cases pending at various courts across the country, the Union ministry of law and justice has formulated a two-pronged plan to ensure that justice is not denied due to inordinate delays. It has set up two committees with an agenda that all cases be solved within a time period of five years. The National Court Management System Committee (NCMSC) will work towards reducing the time taken by cases to get final judgments. The NCMSC, in turn, will be advised by a committee headed by Chief Justice of India Altamas Kabir. The government said this in response to former Chief Justice of India SH Kapadia’s letter a few months ago about setting up of a National Court Management System Committee to develop and implement proposals to lessen the burden of the judiciary. The committee was constituted a day before he retired last month. According to the NCMSC scheme, “There is an urgent need to make the judicial system five-plus free (free of cases more than five years old). There is an equally urgent need to shorten the average life cycle of all cases – not only time spent within each court, but also the total time in the judicial system as a whole — to no more than about one year in each court.” It further says there is also a need to systematically maintain and continuously seek to enhance the quality and responsiveness of justice. Estimating that the pendency of cases in the next three decades would touch over 15 crore before 75,000 courts and judges, the scheme will first monitor the performance of courts with regard to their quality, responsiveness and timeliness. The NCMSC will be advised by a committee headed by Chief Justice of India Altamas Kabir, Justice P Sathasivam of the Supreme Court and Justice PC Tatia of the Jharkhand High Court. Headed by Dr G Mohan Gopal, former director of the National Judicial Academy, the NCMSC shall comprise Chief Justice of the Delhi high court D Murugesan, justice AM Khanwilkar of the Bombay HC, justice Amitava Roy of the Gauhati HC, justice BD Ahmed of the Delhi HC, the registrar general of the Gujarat HC, the registrar general of the Calcutta HC and the registrar general of the Karnataka HC. Source::: DNA, 12-10-2012, p.09.  http://epaper.dnaindia.com/story.aspx?id=28925&boxid=16292&ed_date=2012-10-10&ed_code=820009&ed_page=9

The Competition Law Summit 2012, Mumbai 18th & 19th Oct, 2012, Hotel Sahara Star, Mumbai.

CCH India, a Wolters Kluwer business proudly presents the 3rd edition of the company's flagship competition law summit on 18th and 19th of October 2012 in Mumbai. The event follows a successful Competition Law Summit organized on 26th and 27th of July in New Delhi. 

Focus Area

• Abuse of dominance- what is the best approach?
• M&A: Impact of the 2012 Combination Amendment Regulations
• Formulating distribution and supplier agreements- Adhering to competition guidelines
• Competition law for specific sectors: Automotive, Sports, Steel, Retail, IT, Aviation, Media, Cement, Construction and Pharmaceuticals
• Impact of Competition Law on marketing and sales strategies
• Realizing the importance of whistle blowing mechanism
• Competition compliance and anti-corruption - how to navigate the boundaries
• Competition advocacy and corporate governance
• The Path Ahead - Where Next For Competition Law Enforcement?

Highlights

• Practical case scenarios and presentations
• Panel discussions and Q&A sessions
• Case Studies and discussions on recent judgments
• One-on-One meetings and speed networking,

Speakers

• Mr. Praveen Kumar Purwar, Advisor (Eco), Competition Commission of India
• Dr. Seema Gaur, Head Capacity Building and International Co-operation Competition Commission of India
• Ms. Simone Reis Senior Member, Mergers & Acquisitions and Competition Law Practice, Nishith Desai Associates
• Mr. Nischal Joshipura, Head M&A Practice, Nishith Desai Associates
• Mr. Girish Gokhale, President & Head Legal, JSW
• Mr. Manas Chaudhuri, Partner, Khaitan & Co
• Mr. Vyapak Desai, International Litigation & Dispute Resolution, Nishith Desai Associates
• Mr. Rajesh Bagga, Vice-President-Legal, Tata Motors
• Mr. Ajay Vaidya, Chief Legal & Compliance Officer, Kotak Mahindra Capital Company Limited
• Mr. Ashish Chandra, Head - Legal (Media & Technology), Reliance Industries Limited
• Mr. Mukul Shastry, Legal Officer, Reserve Bank of India.
• Mr. B. Gopalakrishnan, President & Head (Law), Axis Bank Ltd.
• Ms. Debolina Partap, Associate Vice President & Head Legal, Wockhardt Ltd
• Dr. Akhil Prasad, Head of Legal-Oversight & Company Secretary, Fidelity Worldwide Investments
• Mr. Vineet Vij, Head-Legal, HCL Technologies
• Mr. Badrinath Durvasula, Vice President & Head Legal, Larsen & Turbo Limited
• Ms. Emily Maddar, General Counsel South Asia, Siemens Ltd .. And Many More

Who Should Attend :: 

• In house Counsel
• Legal Heads
• Marketing and Business Development Executives
• CEOs
• Vice Presidents - Legal
• General Managers - Legal
• Head of Finance
• Equity Managers
• Lawyers
• Risk Management and Compliance Officers

Date and venue : 18th - 19th Oct, Hotel Sahara Star, Mumbai 
Registration fees - 17000 for 1 delegate ( plus 12.36 % service tax )

Contact Us:
Praveen Sharma
+91-92137-50140
email: praveen@lawyersclubindia.com

Maximum consumer complaints filed in city against builders

Rebecca Samervel TNN 

Mumbai: An RTI reply has revealed that the maximum number of complaints received by consumer forums in the Mumbai Metropolitan Region (MMR) pertains to housing. Of 24,278 complaints MMR’s six forums received in roughly the last 15 years, housing leads with 7,499, followed by insurance, which is a distant second with 4,291 complaints. 

    Experts say the reason is skyrocketing housing prices accompanied by increasing malpractice by builders. Unsurprisingly, the greatest chunks of housing complaints are from Thane (4,670) and Navi Mumbai (1,031), which have witnessed frenetic construction activity in recent years. 

    However, South Mumbai, which has MMR’s most expensive real estate pockets, received a comparatively low 702 complaints. 

Few files a month enough to bury consumer courts under backlog 
In July, Two Forums Did Not Dispose Of A Single Complaint 
    Over 25 years after the enactment of the Consumer Protection Act, consumer forums across the Mumbai M e t ro p o l i t a n Re g i o n (MMR) are battling the problem of pendency. While this is witnessed by other judicial bodies as well, what makes it exceptional in the case of consumer forums is that the number of cases received by them is not remotely close to what, say, the criminal courts receive. 
    The reply to an RTI application by activist Chetan Kothari shows that by August this year, the Thane consumer forum had the highest backlog of cases (1,721), followed by the Mumbai suburban forum (1,508 cases). Typically, the forums receive a few dozen complaints a month. For instance, in July, Thane received 42 complaints and the suburbs 59. The same month, the Thane and the Thane additional forum (which hears complaints from Navi Mumbai) did not dispose of a single case. 
    The numbers have gone up since June, when the Thane forum had 1,679 pending cases, the suburban forum 1,472, the additional suburban forum (distinct from the suburban forum) 658, the South Mumbai forum 646, the Thane additional forum 379 and the Central Mumbai forum 425. 
    Overall (after July), the additional Mumbai suburban forum has 673 pending cases, the South Mumbai forum 652, the Central Mumbai forum 467 and the Thane additional forum 416. Even cases that are 5-10 years old are pending. The suburban forum has the maximum of such cases (499), followed by Central Mumbai (370), Thane (81) and South Mumbai (76). 
    Advocate Anand Patwardhan blamed the problem on a lack of manpower and vacant seats across the forums. “The problem has persisted as there has been no appointment of members of late.” 
    This was also echoed by other experts. The RTI reply revealed that among Maharashtra’s 40 consumer forums, the posts of 34 presidents and 53 members lie vacant. Advocate Uday Wavikar said there were several forums in MMR that had completed stopped functioning because of vacant seats. 
    This, he said, puts burden on forums already dealing with backlog. He said several technicalities introduced in the filing of complaints had made the process tedious. “This further delays case disposal.” 
    Referring to a lack of infrastructure, he said, “The number of forums, even if fully occupied, isnot enough for MMR. While Delhi has 12 consumer forums, Mumbai proper has just four.” 
    An activist said, “There is growing awareness among consumers, especially because of cases being reported in the media. But the forums have not been able to keep up. The situation should be remedied.”  

FILING AN APPEAL 
When the refrigerator sputters and dies down during the guarantee period or when the builder promises more than he can deliver, it’s time to head to the consumer court. Here’s how you can exercise your rights: 
    Write a letter to the manufacturer/ dealer outlining the problem and seeking an explanation 
    If you do not get a reply in 15 days, file a complaint before the district consumer forum. The format is available at the state consumer commission’s office. Attach relevant correspondence, bills and an affidavit 
    Your complaint has to be admitted by the forum within 21 days. The court will then issue notices to the manufacturer/dealer, who has to file a reply in 30 days. A 15-day grace period, too, is given 
    If the forum does not receive a reply, it can hear the matter ex parte and pass orders 
    If you are not satisfied with the forum’s order, you can file an appeal before the state commission and then before the national commission

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

Why not deem transgenders the third sex, SC asks govt

TIMES NEWS NETWORK 

New Delhi: The Supreme Court on Monday asked the Centre and states what could be done to give back the historically and culturally deprived transgenders their fundamental rights and whether they could be categorized as the third sex after male and females. 
    A bench comprising Justices K S Radhakrishnan and Dipak Misra termed the deprivation of transgenders a serious matter and issued notices to the governments after hearing brief arguments from senior advocate L Nageshwar Rao, who appeared for the petitioner, National Legal Services Authority (Nalsa). Discharging its obligation under Section 4(d) of Legal Services Authority Act, 1987, mandating the body to initiate ‘social justice litigation’, Nalsa said, “Transgenders are deprived of social and cultural participation, are shunned by family and society, have only restricted access to education, health services and public spaces, restricted rights to marry, right to contest elections, right to vote, employment and livelihood opportunities.” 
    “The transgender community, generally known as hijras in India, is treated by society as unnatural and generally as objects of ridicule and even fear on account of superstition. The community is treated as a legal non-entity in violation of rights to equality, non-discrimination, equal opportunity and right to life guaranteed Article 14, 15, 16 and 21 of the Constitution,” Nalsa said in its petition. 
    Their discrimination based on their class and gender made the transgender community one of the most deprived and disempowered groups in the Indian society, it said. 
    “In view of the constitutional guarantees, the transgender community is entitled to basic rights that is right to personal liberty, dignity, freedom of expression, right to education and empowerment, right against violence, discrimination and exploitation and right to work,” Nalsa said.


Source::::: The Times of India, 02-10-2012, p.11. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Mum Varsity Decentralizes Distance Education Exams

Yogita Rao TNN 

Mumbai: Distance education students in the current TYBCom batch will be spared of the confusion that marred the March 2012 exams. Putting an end to the chaos, the university at a recent Board of Examination (BoE) meeting decided to decentralize the examinations conducted by the Institute of Distance and Open Learning (IDOL) from March 2013. 
    The IDOL, which was part of the Mumbai University for several years, will now conduct its own exam. The date, time, question papers and the exam centres for over 60,000 students of IDOL’s undergraduate and post-graduate courses will be different from the ones in regular colleges. Though the results will be declared by the university, the examination process has been completely decentralized. 
    Subhash Deo, director of examinations of the university, said, “The paper pattern of the exam has changed for regular students. Also, in the regular course, students will be appearing for the exam in the new credit-based semester system. While students of the regular course are attempting 60-mark paper, IDOL students have to appear for a 100-mark paper.”

Source:::: The Times of India, 03-10-2012, p.05. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Flat handover delay, missing amenities to cost builder 2L

Nitin Yeshwantrao TNN 

Thane:Abuilder hasbeen fined Rs 2 lakh for the delay in handing over possession of threeflats to the two buyers and non-compliance of a written promise to provide basic amenities to the residentsof HillPalacebuilding near Upvan Lake here. The Thane District Consumer Disputes Redressal Forum also directed the builder, M/s Patsons Engineers, to pay Rs 10,000 towards cost of legal expenses borne by the two buyers and an additional Rs 1,000 for failing to provide the piped gas line to their flats as the builder had promisedinitially in 2006. 
    President of the consumer forum, R B Somani, and member Jyoti Iyer ruled in favour of the two residents—Priyank Kumar and Kiran Madhav Prasad-—who had dragged the builder for lapses. 
    It is learnt that the builder had assured to hand over the flatsin May2006 and alsooffered a string of amenities, including asafety door, power back-up andborewell facility within the premises of the high-rise overlooking the Yeoor forest in Thane(West). 
    The two had approached the builder in Feb2006 andwereconvinced into buying three flats of different sizes. An upfront payment of Rs 10.80 lakh, Rs.17.55 lakh and Rs.10.80 lakh respectively was made to the builder, who assuredthem of flat possession by May 2006. Besides a collective Rs 39.15 lakh paid by the duo to the builder, they also shelled out Rs 2.13 lakh towards miscellaneousexpenses. 
    Thirty-three months after the promiseddateof possession, the builder handed over keys to the flats in April 2009. Not just that,theflatswere a far cry from what was promised—safety door, power back-up, borewell, etc were missing from the new flats and neither was any possession certificate or an Occupation Certificateissued. 
    The Forum ruled it as “unfair trade practice and sheer deficiency in services’’ on part of thebuilder.


Source:::: The Times of India, 03-10-2012, p.04. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW