Amanda Knox appeal: Lawyer warns Knox will flee Italy

An Italian prosecutor has warned that Amanda Knox will "run away abroad" if she is absolved of the 2007 murder of UK student Meredith Kercher.

Giuliano Mignini also attacked Knox's "million dollar" publicity campaign and rejected charges she had been "crucified" by the media.

Knox, 24, and Raffaele Sollecito, 27, are challenging their convictions for the murder, which happened in Perugia.

A verdict in the appeal is expected on Monday.

Prosecutors have said they will appeal if the verdict is overturned.

But Mr Mignini, giving his final rebuttal after closing arguments, told the jury: "We know that if the verdict is overturned, there will be an immediate escape overseas.

"As a result, even if this is the second of a three-step legal process in Italy, it is up to you to ensure justice."

Knox 'not crucified'

Mr Mignini was critical of the publicity campaign Knox's family and their supporters have launched, both in Italy and in the US.

He asked the jury: "Have you ever seen a defendant who hires a big PR agency? She has a publicity campaign behind her that cost up to a million dollars."

And he said that, far from Knox being "crucified" by the media, as her supporters allege she has been, it is the police forensic scientists, who analysed crucial murder evidence, who have come under fire.

Mr Mignini also accused Knox - sentenced to 26 years in 2009 - of trying to pin all the blame for the murder of Miss Kercher, who came from Coulsdon, south London, on "the black guy".

Rudy Guede, 22, who has joint Italian and Ivorian nationality, has already been convicted of Miss Kercher's killing and was sentenced to 30 years in prison, reduced to 16 years on appeal.

Referring to Sollecito, who was also convicted of murder and sexual assault and is also challenging his conviction in this appeal, Mignini said the two had co-ordinated their defence. "You wanted to make a pact of steel and blame it all on the black guy," he said.

He added "[Knox and Sollecito] covered their tracks well. The poor black guy will pay for everyone."

A lawyer representing another man Knox accused of Miss Kercher's murder told the court his client still suffers nightmares as a result of her slander.

Carlo Pacelli blamed Knox's false accusation for the recurring bad dreams his client Diya "Patrick" Lumumba keeps having.

The body of Miss Kercher was found on November 2 2007 in her bedroom of the house she shared with Knox and two other Italian girls.

Mr Magnini said he saw Miss Kercher's "brutallised corpse" with his own eyes and added that when pictures of the body were shown in court: "Amanda never looked at them".

Death sentence

He repeated the prosecution's case that an apparent break-in at the house where the murder took place had clearly been staged, and that a broken window could not have been smashed from the outside because the wooden blinds were closed.

Another prosecutor, Manuela Comodi, said: "[Knox and Sollecito] were young but they killed for no reason," said prosecutor . "They killed for no reason and for this they should be given the maximum sentence, which luckily in Italy is not the death sentence."

Knox and Sollecito, who was jailed for 25 years, deny any role in the murder and say they spent the night of the crime in the Italian's apartment watching a movie, smoking pot and having sex.

Outside the court, Sollecito's father said his son was "very scared, but he is hopeful of the right verdict".

"I am hopeful that the court has heard well the arguments presented in the appeals trial and has realised that there isn't any evidence against my son and Amanda," Francesco Sollecito said.

India Considers Opening Its Doors to U.K. Law Firms.

For law firms with global ambitions, India has long held promise as a potentially growing and lucrative market for legal services. Many firms have developed robust India practices, representing Western companies doing business in the country or Indian companies in their business dealings abroad.
But one sizable roadblock stands in the way of U.S. and U.K. firms: Indian law restricts foreign firms from opening offices in the country.
Indian attorneys have even sued U.S. and U.K. firms in the past, contending that the firms have violated Indian trade regulations by practicing law in India.
There are signs, however, that India is considering opening its doors at least partially to foreign firms.
India’s Law Minister Salman Khurshid and the U.K.’s Secretary of State for Justice Kenneth Clarke recently agreed to begin work on an arrangement in which India would allow entry to U.K. law firms and the U.K., in turn, would open its doors to Indian firms, the Hindustan Times reports. (It’s unclear whether U.S. firms would be invited to the party.)
“We understand the UK firms want to open offices in India for non-litigation purposes — mainly drafting of business contracts, deeds, agreements and other similar works,” said Ashok Parija, the chairman of the Indian body that regulates the legal profession. “We will negotiate with our UK counterparts to work out a principle of reciprocity, which will benefit both sides.”
Here’s another article on the development from the Economic Times, which reports that Khurshid recently assured the UK’s Clarke that the Indian government would move quickly to address U.K. firms’ desires to open offices in the country.
Still, the Economic Times reports, many Indian lawyers fear the competitive threat posed by foreign firms and remain opposed to lowering India’s barriers to entry.

Welcoming the Newest Top-10 Law Firm Ranking of US

Like many a competitive soul, we at the Law Blog love rankings. There’s hardly a top-10 list we don’t like. (Click here, here and here for other recent posts extolling law-related rankings.)
So, we are more than a bit jazzed to learn about a new ranking of the Top 10 Law Firm Summer Associate Programs, courtesy of the folks at Vault.com.
Between February and April, Vault surveyed about 16,000 law firm associates from 166 law firms across the country, asking them such questions as which firms offered the best work experience, which provided the most realistic view of what it would be like to work at the firm, and which programs were the most fun.
The winners?
1.  Fish & Richardson
2.  Baker & Hostetler
3.  Cravath, Swaine & Moore
4.  Williams & Connolly
5.  Arent Fox
6.  Baker & McKenzie
7.  Dewey & LeBoeuf / Ropes & Gray (tie)
8.  Sheppard Mullin Richter & Hampton
9.  Chadbourne & Parke
10. Venable
As you can tell, there are actually 11 firms in the “top-10,”.
Vault also released a separate top-5 ranking of the firms that offered summer associates the most fun. Vault’s fun firms are:
1. Ropes & Gray 2. Weil, Gotshal & Manges 3. Alston & Bird 4. Finnegan, Henderson, Farabow, Garrett & Dunner 5. Schulte Roth & Zabel

A US Legal Doctrine That Worries Pharma Defense Lawyers

Three recent cases where U.S. officials revived the so-called “responsible corporate officer doctrine” to try to hold executives personally and criminally responsible for corporate violations of U.S. food and drug laws. See here for a link.
This doctrine lets prosecutors go after executives for misdemeanor violations of the Food, Drug, and Cosmetic Act, even if the executives weren’t aware of violations. That’s a lower standard than for other industries — because of the potential for health-care and food products to cause death and injury.
Such prosecutions trouble executives and lawyers in the health sector because the U.S. Department of Health and Human Services has sometimes sought to exclude convicted executives from future participation in Medicare and Medicaid, which can be a career-ending punishment.
There’s an interesting appeal now underway on the fairness of this very issue.
A U.S. District Court in Washington in December affirmed a federal health-care program exclusion of three Purdue Frederick Co. executives who had earlier pled guilty to misdemeanor violations of the food and drug laws associated with the misbranding of the drug OxyContin. The Justice Department didn’t allege that the three officers participated in or were even aware of the misbranding, but rather that they were “responsible” corporate officers at the time the conduct occurred.
Their exclusions have been appealed to the D.C. Circuit Court of Appeals by highly regarded appellate lawyer Carter G. Phillips of Sidley Austin LLP. Phillips told Law Blog Tuesday afternoon that he is representing all three executives.
In their appeal, the executives contend that the exclusions are unlawful. They also argue that the 12-year period of exclusion is three times longer than the longest period the agency has previously imposed for misdemeanors. That includes misdemeanors where there was allegedly knowing and willful misconduct.
The Association of Corporate Counsel, a bar association for in-house lawyers, has filed an amicus brief, arguing that the exclusion of Purdue Frederick Co.’s former general counsel misconstrues the role of an in-house lawyer.
“This imputation of liability on an in-house attorney for a client’s misconduct ignores the traditional boundaries of the attorney-client relationship, threatens to undermine the ability of in-house lawyers to deliver unvarnished advice to their clients and raises significant due process concerns,” it says.
The U.S. brief is due Monday.

Judge Partially Rejects Challenge to Alabama Immigration Law.

Breaking: A federal judge today partially rejected the federal government’s request to block Alabama’s strict new immigration law.
At issue is a law considered the nation’s toughest on illegal immigrants. It makes it a crime in Alabama for an illegal resident to apply for a job; it requires public schools to check the immigration status of students, and it authorizes state police in certain instances to verify the immigration status of people detained or arrested.
The Justice Department filed suit, claiming the law is unconstitutional on the grounds it allegedly usurps federal authority over immigration.
U.S. District Judge Sharon Blackburn of Alabama upheld key sections of the Alabama law concluding that they are not preempted by federal law.
Blackburn let stand the provisions authorizing local police to inquire about detainees’ immigration status and requiring public schools to verify students’ immigration status. (Click here to read the judge’s ruling.)
But the judge did enjoin other sections of the law, ruling that “there is a substantial likelihood” that the Justice Department can establish that the sections are preempted by federal law.
Blackburn, for example, blocked regulations that make it a crime for illegal residents to apply for a job and that make it unlawful for people to “conceal, harbor or shield” an illegal resident.
The Law Blog has sought comment from the Department of Justice and Alabama Governor’s Office.
Omar Jadwat, an attorney with the ACLU Immigrants’ Rights Project, which has also challenged the Alabama law in court, called today’s ruling a mixed bag.  The judge let stand sections of the Alabama law “that are of serious concern, and the enforcement of those sections would lead to widespread civil rights violations,” Jadwat said. “It is positive that she has enjoined some of the sections” of the law.
(Here’s a recent WSJ article on the case and click here for Law Blog background on the dispute)
Update: A Justice Department spokesperson said that DOJ is reviewing the ruling to determine its next steps. “We will continue to evaluate state immigration-related laws and will not hesitate to bring suit if, in fact, a state creates its own immigration policy or enforces state laws in a manner that interferes with federal immigration law,” the spokesperson said.
Alabama governor Robert Bentley has released a statement calling the judge’s ruling a “victory for Alabama.”
“If the federal government had done its job by enforcing its own immigration laws, there would be no need for Alabama – or other states – to pass a law such as this.  Unfortunately, they have failed to do their job,” the governor said.
“The judge temporarily enjoined four parts of the law, but this fight is just beginning. I am optimistic that this law will be completely upheld, and I remain committed to seeing this law fully implemented.  I will continue to fight at every turn to defend this law against any and all challenges.”

Female Driver Sentenced to Lashing.

Clearly, the Saudi Arabian ban on women drivers that we mentioned yesterday is still very much in force.
Less than 48 hours after Saudi King Abdullah announced that women would be able to vote in local elections, a court in Jeddah sentenced a woman to 10 lashes for allegedly defying the Kingdom’s ban on female drivers, according to this item in WSJ’s “Driver’s Seat” blog.
Two other women, who are part of a new campaign called “My Right2Dignity Initiative”, were also summoned for questioning and will stand trial, joining a number of other women currently on trial for driving, according to the blog report by Dow Jones reporter Summer Said.
“What is happening to our women today is unfortunate and violates the rule of law and legal rights and is contrary to the reformist direction that was launched by the Custodian of the two holy mosques (the Saudi king),” My Right2Dignity Initiative said in a statement.
“Belatedly allowing women to vote in council elections is all well and good, but if they are still going to face being flogged for trying to exercise their right to freedom of movement then the King’s much-trumpeted ‘reforms’ actually amount to very little,” added Philip Luther, of Amnesty International.

Supreme Court Agrees to Tackle Major Immigration Topic

The Supreme Court yesterday agreed to hear two cases that deal with the extent to which the U.S. can deport illegal immigrants whose parents are residents of the U.S.
Immigrants who have been in the country consecutively for seven years are authorized by law to seek to block their deportation. The question is whether a parent’s length of residency can be imputed to their children who are brought to the country at a young age.
The two cases, which have been consolidated into a single appeal, have echoes of a topic heavily debated among Republican presidential contenders: whether states should bestow leniency on children who came to the country illegally through no fault of their own.
(Here’s an LA Times article previewing the Supreme Court cases and one from the New York Times. Also click here and here for more background on the cases from SCOTUSblog)
Some courts have blocked deportation orders for illegal immigrants because their parents had gained permanent-residence status and lived in the United States for more than seven years, the LA Times reports, adding that the 9th Circuit has held that a “parent’s status as a lawful permanent resident is imputed” to the “children residing with that parent.”
But the Obama Administration takes the view that the 9th Circuit wrongly decided the case and that immigrants cannot rely on a parent’s residency status as grounds for blocking deportation, according to the L.A. Times.
Lawyers for the two men facing deportation in the Supreme Court cases at issue have cited Congressional policy that favors keeping families intact, the New York Times reports.

Sydney Court to Rule in Apple-Samsung Tablet War

SYDNEY—An Australian court on Thursday will wade into the global tablet war between Samsung Electronics Co. and Apple Inc. as a judge considers barring distribution of the South Korean company's device in Australia.
A ruling in Apple's favor would follow its victory in Germany, where a court has barred Samsung from selling its Galaxy Tab 10.1 in Europe's biggest economy on the grounds that it copied Apple's iPad. An adverse ruling here would be another blow for Samsung, which is appealing the German court's ruling and faces similar challenges in the U.S., Japan, France and South Korea.

Health Overhaul Heads to Justices

By BRENT KENDALL And LAURA MECKLER

The Obama administration asked the Supreme Court to decide the fate of its health-care overhaul, setting the stage for arguments at the high court and a probable ruling in the thick of the 2012 presidential campaign.

The administration's move puts an end to months of speculation about its strategy in the case. Now both sides want the Supreme Court to deliver a speedy decision, one that could affect President Barack Obama's re-election prospects.
Mr. Obama has described the law he signed in March 2010 as one of his top achievements, but it has drawn, at best, mixed results in opinion polls, and all of his potential Republican rivals have pledged to repeal it. If the Supreme Court rules by June 2012, as now appears likely, it would put health care back in the spotlight as the parties gear up for their conventions.
Some Republicans said that might help their cause, regardless of how the Supreme Court decides.

"Having this particular issue emerge right in the middle of the presidential campaign draws attention back to the fact that, while the economy was tanking, he was focusing on health care," said David Winston, a Republican pollster.
The White House said it expects to be vindicated at the Supreme Court, and compared the law to landmarks such as the Civil Rights Act that survived constitutional challenges and won widespread popular acceptance.
"We know the Affordable Care Act is constitutional. We are confident the Supreme Court will agree," said White House adviser Stephanie Cutter.
While the likely mid-campaign timing of the decision may not be ideal for the White House, any attempt to push the ruling back into 2013 would have been risky, too. Opponents of the law were already calling for a quick Supreme Court ruling, so a slow-walking strategy would have made the administration look less confident—and the Supreme Court might have chosen to take the case quickly anyway.
A decision before the 2012 presidential election also would foreclose any possibility of a Republican president declining to defend the health-care law in court.
Democrats familiar with White House thinking said Wednesday that officials concluded this case was likely to wind up before the high court in 2012 regardless, and that delaying it could push the proceedings even closer to Election Day.

"They want to get a decision as removed from the heat of politics as possible," said one person close to the White House.
This person said that while the White House is confident of winning, it is preparing for the possibility that the Supreme Court could strike down parts of the law and leave other parts intact. In that case, the Obama administration would have control over how the surviving parts are implemented.
So far, two of three federal appeals courts ruling on the law have found in the administration's favor. A third, the 11th Circuit Court in Atlanta, ruled that the law's "individual mandate"—the requirement for most Americans to carry health insurance or pay a penalty—was unconstitutional, but said the rest of the law could stand. A fourth court, in the District of Columbia, heard arguments this month.
In Wednesday's filings to the Supreme Court, both sides appealed the 11th Circuit's ruling. The Obama administration asked the high court to uphold the individual mandate along with the rest of the law, while the law's opponents said the whole law, not just the mandate, should be struck down.
The two sides agreed on one point, saying a speedy decision is desirable.
"Until this court decides the extent to which the [law] survives, the entire nation will remain mired in doubt, which imposes an enormous drag on the economy," said the National Federation of Independent Business, one of the plaintiffs in the 11th Circuit case.
"It's important to get a decision sooner rather than later," said an official at the Justice Department, which filed its appeal more than a month before it was due. An early ruling would allow the federal government to "get on with the business of implementing the law," while allowing states, businesses and individuals time to plan, the official said.
The Supreme Court isn't required to hear the case, but the request by both sides for a ruling, as well as the divided opinions by lower courts, will likely impel it to take the case in its current term, lawyers said.
Many of the law's provisions, including state-based exchanges where consumers could comparison-shop for coverage, are scheduled to take effect in 2014.

Mr. Obama's supporters hope the Supreme Court will vindicate the law, giving the president a major boost heading into the fall campaign. But that could also help energize Republicans, because the only way to overturn the law at that point would be to elect a Republican president and Congress to repeal it.
Republican pollster Bill McInturff, who co-directs the Wall Street Journal/NBC poll with Democrat Peter Hart, said any attention paid to health care is risky for Mr. Obama, particularly because those strongly opposed to the law outnumber those strongly in favor. "The public discussion has not yet ever gone well for the president or the Democrats," Mr. McInturff said.
Neera Tanden of the Center for American Progress, who worked on health care early in the Obama administration, said the campaign is more likely to focus on the economy than health care, particularly if former Massachusetts Gov. Mitt Romney, who championed the Massachusetts health law that was a model for the Obama version, is the Republican candidate. "Republicans don't want to talk about this," she said. "If they did, they would be talking about it every day."
The 11th Circuit case is the largest challenge and is led by Republican attorneys general and governors in 26 states. Challengers assert that the Affordable Care Act exceeds Congress's power to regulate interstate commerce by compelling individuals to undertake a commercial activity—purchasing health coverage—or pay a penalty.
The Justice Department's brief relies heavily on an opinion by a conservative judge, Jeffrey Sutton of the Sixth Circuit Court of Appeals in Cincinnati, who earlier this year wrote a concurring opinion upholding the insurance mandate as a reasonable way for Congress to exercise its authority over the insurance and health-care markets.
—Janet Hook and Jess Bravin contributed to this article.

New Brunswick's Ferguson is Canada's next AG

The Harper government is set to appoint New Brunswick's former auditor general, Michael Ferguson, as the country's top spending watchdog, according to a news report.

OTTAWA — The Harper government is set to appoint the country's new top spending watchdog — launching a 10-year period during which one person will assume critical responsibility for overseeing the public till.

Michael Ferguson, New Brunswick's former auditor general and a member of that province's legislative assembly, will be named the next federal auditor general, sources said Wednesday.

The Prime Minister's Office declined comment, saying an appointment will be announced in "due course."

Ferguson would replace John Wiersema, who has been the interim auditor general since Sheila Fraser left the post in May after 10 years in the job.

Ferguson didn't return calls on Wednesday.

Experts have said it will be one of the most important appointments of the Tories' first few months as a majority government.

The AG's office was established in 1878 and audits federal government departments and agencies, most Crown corporations and several other federal organizations. The office reports to the House of Commons on matters that the auditor general believes should be brought to its attention.

During her term, Fraser earned a reputation as a fearless and no-nonsense spending watchdog whose credibility was strengthened by her non-partisanship.

Political critics say the choice of her successor, with another 10-year term in the job, will speak volumes about whether Harper's Conservatives are truly interested in accountability.

A year ago, the government provided a clue of what it was seeking when it published a job notice for the position. It said the next auditor general must have "integrity, tact, and sound judgment," and be a "team player."

Moreover, it said the person must "possess a constructive approach" and have the capacity to anticipate the "implications" of their actions.

Increasingly, the role of an auditor general is central to the political system in Ottawa. Among the examples of high-profile and politically sensitive probes are audits of the Liberal sponsorship program several years ago, and more recently, the Tory government's expenditures at the G8 Summit in 2010.

Ferguson has a long history in public service and financial oversight, having served as New Brunswick's comptroller from 2000 to 2005.

He was appointed auditor general in 2005 by former Tory premier Bernard Lord's government and remained in the job until 2010, when he became deputy finance minister in the New Brunswick government, a position he still holds.

Ferguson also has a history of speaking his mind.

It was during his tenure as auditor general that he highlighted how New Brunswick's budget deficit had deep structural roots.

His reports questioned whether the government could meet its commitment to balance the books within a timeline of four years.

Ferguson was a vocal critic of the former provincial Liberal government for failing to draft a clear plan for pulling the province out of debt. He targeted former New Brunswick Liberal premier Shawn Graham (who followed Lord) for his government's proposal to sell NB Power to Hydro-Quebec to help solve the province's debt problem.

He said the plan wouldn't fix the debt crisis and was possibly counterproductive because it would eliminate a stable source of government revenue and potentially undermine the province's financial position even further.

Former New Brunswick Tory finance minister Norman Betts — who managed the province's purse strings while Ferguson was comptroller and dealt with him when he was AG — said his longtime friend would make a great auditor general because he's no government lapdog.

Betts describes Ferguson's time as AG like a "dog with a bone" that kept on digging until he got to the bottom of an item the office was investigating.

"Being popular will be the last of his concerns. His concerns will be doing a good job for the citizens of Canada," Betts said. "I don't know what the opposite of a lapdog is, but if you Google it, Mike's picture will come up."

The auditor general is appointed by the prime minister but must be approved by the House of Commons and Senate.

The government launched a "thorough national selection process" to select the next AG. Under the Auditor General Act, the government is required to consult with the leaders of all recognized parties in the House of Commons and the Senate on its nominee. The nomination is then introduced in Parliament for consideration and approval.

Election Petition Against Capt

Arguments lead to spat between lawyers in HC
Chandigarh, September 28
Arguments on the election petition against Punjab’s former Chief Minister Capt Amarinder Singh today resulted in a spat between two senior lawyers.
As the petition came up for resumed hearing before Justice Rajive Bhalla of the Punjab and Haryana High Court, heated arguments were witnessed between the petitioner’s lawyer Satya Pal Jain and Capt Amarinder Singh’s lawyer ML Saggar.
The spat had its genesis in an objection raised by Jain to repeated interruptions by Saggar during Amarinder Singh’s cross-examination.
Saggar retorted by saying Jain had not conducted any trial according to the Evidence Act. Jain took exception to the remark. Mincing no words, Jain reacted by saying: "I do not want any certificate from you. I am hurt".
The situation was defused after Justice Rajive Bhalla intervened and asked the lawyers to calm down. In a lighter vein, Jain said Amarinder Singh had a tendency to forget his supporters. The former CM quipped that the supporters were on the wrong side.
Amarinder Singh was cross-examined for nearly two hours on the petition filed by Sukhbir Badal, challenging his election to the assembly in 2007 from the Patiala city constituency.
The proceedings began a little before 2 pm. As undertaken, the former Chief Minister appeared before the court at 1.45 pm.
Though he was offered a chair, he chose to stand throughout the cross-examination. The case will come up for resumed hearing on October 3.

6 HC judges to be sworn in tomorrow

Chandigarh, September 28
The Punjab and Haryana High Court is all set to wear a new look, with Justice Mohinder Pal being transferred out and six advocates being elevated.
Available information suggests the warrants of appointment of the six advocates as the Judges of the Punjab and Haryana High Court have been signed. The designated Judges are expected to be administered oath on Friday morning.
The High Court has already received a fax message on the clearing of their names for elevation. The lawyers being elevated are RN Raina, NK Sanghi, Rameshwar Malik, TS Dhindsa, PS Dhaliwal and Gurmeet Singh Sandhawalia.
The oath is expected to be administered by Acting Chief Justice MM Kumar, as Chief Justice Ranjan Gogoi is currently on a long leave following illness.
It is also believed that Justice Mohinder Pal stands transferred out to the Gujarat High Court. He was elevated as a Judge of the Punjab and Haryana High Court on October 8, 2007. Born on December 30, 1956, Justice Mohinder Pal is a Panjab University alumnus.
This is the first time in the recent past that just one Judge has been transferred out of the Punjab and Haryana High Court. Prior to this, three judges of the Punjab and Haryana High Court were transferred out in October last. In fact, the transfer orders of Justice Ashutosh Mohunta, Justice Vinod Kumar Sharma and Justice HS Bhalla were received by the High Court on October 13, 2010.
With the elevation of the six advocates, the number of judges will go up to 48 against the current strength of 42. But it will drop to 47 after Justice Mohinder Pal joins the new place of posting.
Even after the elevation of the additional Judges, the vacancies of Judges in the High Court will continue, as their sanctioned strength is 68. The result of the shortage of Judges is there for all to see. As of now, the High Court has approximately two lakh pending cases.
The New Judges
RN Raina
NK Sanghi
Rameshwar Malik
TS Dhindsa
PS Dhaliwal
Gurmeet Singh Sandhawalia 

One held for occupation of NRI’s property

Hoshiarpur - The NRI police station, Hoshiarpur, has booked Varinder Kumar under Sections 447 and 506 of the IPC on the basis of a complaint made by Sunita Rani, an NRI.
She alleged the accused forcibly took possession of her plot.
According to the police, Sunita Rani alleged that the accused threatened to kill her when she demanded her plot to be returned to her from the accused.

Fake Immigration agents’ racket busted

Hoshiarpur, September 26
Fake travel agents have duped Rs 18 lakh from a gullible person in the name of sending his sons to a foreign country.
The Bulhowal police has booked Vishal Kumar and his brother Deepak Kumar from Batala, Ravi Kumar, his brother Sanjiv Kumar, and Rakesh Kumar under Sections 406, 420 and 120B of the IPC and Section 10 of the Immigration Act.
Surjit Singh, the victim, alleged that the aforesaid accused took
Rs 18 lakh from him with a promise to send his sons abroad. But neither did they send the boy abroad nor did they return the money.

Consumer Case

Kingfisher Airlines told to pay Rs 40,000 to customer

Chandigarh, September 26
The District Consumer Disputes Redressal Forum has slapped a fine of Rs 30,000 on Kingfisher Airlines Ltd. for its failure to provide a boarding pass to a Mani Majra Housing Complex resident.
District forum president PD Goel, and members Rajinder Singh Gill and Madanjit Kaur Sahota, observed that the opposite parties were under legal obligation to provide a hassle-free and comfortable journey to their potential customers; which they had failed while dealing with the situation in the present complaint.
The forum also directed the opposite parties to issue a complementary return ticket to the complainant on any domestic flight, besides Rs 10,000 as costs of litigation.
The complainant, Lata Sikri, had averred that she had booked an air ticket for Bidar via Hyderabad with Kingfisher Airlines through Airpak Travels, Chandigarh. The flight was scheduled to take off at 9.25 am from Delhi.
She said even though the opposite party issued boarding passes to all her male colleagues, she was denied the same. Subsequently, the boarding pass of another airlines, Spice Jet, was issued to her and the flight departed in the late hours at 3.45 pm. She was given in writing that surface transport would be provided by the Hyderabad Airport Authority for Bidar. She contended that the airport authority provided her with a taxi, but the driver lost his way and it took another six hours to reach the destination. She wrote to Kingfisher Airlines, which regretted the inconvenience and offered her a complimentary return ticket on Kingfisher Airlines, which she declined. The counsel for the opposite parties argued that the complainant had already availed of the services against the consideration paid by her to the opposite parties.

Trial of Saudi woman for violating ban on female drivers reveals limits of king's reform drive

CAIRO - A Saudi activist will stand trial for defying the kingdom's ban on female drivers, a lawyer and rights advocates said Sunday, revealing clear limits on how far the conservative Muslim land is willing to go to grant women greater rights.

Just a day earlier, King Abdullah, who is regarded as a reformer by Saudi standards, decreed that women would be allowed for the first time to vote and run as candidates in elections for municipal councils starting in 2015. He also promised to appoint women after two years to the Shura Council, the currently all-male consultative body with no legislative powers.

Activists in Saudi Arabia and abroad welcomed the changes as a step in the right direction, while urging the kingdom to end all discrimination against women. Some also pointed to the case against Najalaa Harriri as evidence of how far the kingdom still has to go on the path of reforms.

Harriri was among the dozens of Saudi women to challenge the country's longtime ban on driving in a campaign that began in June. In a nod to the power of social media, the campaigners posted video of themselves behind the wheel on the Web, drawing international attention at a time of great tumult across the Arab world.

She was summoned for questioning on Sunday by the prosecutor general in the western port city of Jeddah, according to attorney Waleed Aboul Khair. She will stand trial in a month, joining several other women currently on trial for driving.

Activists say the trials reveal a gap between the image the kingdom wants to show to the outside world and the reality on the ground in the ultraconservative nation.

"I believe that Saudi Arabia has always had two kinds of rhetoric, one for outside consumption to improve the image of the kingdom and a more restrictive one that accommodates the religious establishment inside," Aboul Khair said.

In Saudi Arabia, no woman can travel, work, marry, get divorced, gain admittance to a public hospital or live independently without permission from a "mahram," or male guardian. Men can beat women who don't obey them and fathers or brothers have the right to prevent their female relatives from getting married if they don't approve of her suitor.

"Right now, women are harassed and they get dragged to courts and nothing has changed in this respect," said Aboul Khair, who himself has been referred to court after challenging the social restrictions women face as well as other issues. His trial has yet to start.

Saudi Arabia is the only country in the world that bans women — both Saudi and foreign — from driving. The prohibition forces families to hire live-in drivers, and those who cannot afford the $300 to $400 a month for a driver must rely on male relatives to drive them to work, school, shopping or the doctor.

In a high-profile case that triggered the June Internet campaign, Manal al-Sherif was detained for more than 10 days after appearing in a video clip driving her car and calling for a mass driving protest on June 17. Al-Sherif, an IT expert, was released after signing a pledge not to drive again or speak to reporters.

Since then, Harriri and dozens of other Saudi women have followed her lead. Harriri also helped start a similar campaign this month called "My Right, My Dignity" that calls for an end to all forms of discrimination against women.

In most cases, the women are stopped by police and held until a male guardian is summoned and the women sign a pledge not to drive again. Some are referred to court.

Harriri refused to sign, according to Samar Badawi, another female activist who was present at the police station with her three weeks ago.

"Najalaa is not the only one. I've received phone calls from many women who get detained and referred to trial," Badawi said. "At court, you have one of two options: either the judge issues a sentence or closes the case."

The ban is rooted in religious edicts and Saudi Arabia's conservative traditional culture, which views limitations on women's freedom of movement as a necessity to prevent sins. However, there is no written law banning women from driving. As a result, there is no set punishment for the offence.

Also, activists like Badawi argue this means there is no legal basis for brining the women to trial.

She notes that she has been driving every two or three days in Jeddah since June and without a problem. The port city is notably more liberal than the capital, Riyadh, and other parts of the country.

"We are marginalized in very basic rights," said Badawi, who was sentenced herself to six months in prison for disobeying her father. "They think that by giving us some political rights, we will be pleased and shut up."

Marriage 'doesn't stabilise relationships'

Although married couples are less likely to separate than live-in couples, marriage is not the reason behind this phenomenon, claims IFS, an influential UK think-tank.
The Institute for Fiscal Studies said that those who marry are simply more likely to be older, better educated and wealthier than those who have babies out of wedlock.

On the other hand, couples living together tend to be younger and less well off, with fewer educational qualifications, and are less likely to have planned their pregnancy.

The claim is aimed at the Government's objective of preventing family breakdown by promoting marriage.

"The evidence suggests that much of the difference in relationship stability between married and cohabiting parents is due to pre-existing differences between the kinds of people who get married before they have children, compared to those that cohabit," The Telegraph quoted Ellen Greaves, research economist at the IFS, as saying.

"While married couples have more stable relationships than couples who cohabit, this is not because they are married, but because of the other characteristics they have that lead to marriage," concluded the report.

Rs 1 lakh fine slapped on hospital for deficiency in service

Mohali, September 23
The District Consumer Disputes Redressal Forum has directed the Grecian Super Speciality Hospital to pay a compensation of Rs 1 lakh to a Chandigarh resident for alleged deficiency in service.
BS Mehandiratta, president of the forum, ordered that the Grecian Hospital and Dr Vinod Nimbran, oncologist, should pay to the complainant a compensation of Rs1 lakh within one month from the date of receipt of a certified copy of this order. If this compensation was not paid within the aforesaid period, it would carry interest thereon at the rate of 9 per cent per annum from the date of institution of the complaint till the date of actual payment. The opposite parties were also asked to pay litigation costs of Rs 5,000. Satwant Kaur, resident of Sector 10, Chandigarh, told the forum that she was diagnosed as a case of breast cancer by the Command Hospital, Chandigarh, and advised mastectomy procedure to be performed at the earliest. She was referred to Grecian Hospital, one of the empanelled hospitals under the Ex-Servicemen Contributory Health Scheme (ECHS).
She was advised certain tests but during the process she got the impression that the hospital was allegedly prolonging the time line in order to justify the additional charges. Finally, the surgery was done on September 12, 2009. The complainant , however, got restless and frustrated due to the casual and indecisive behaviour of the doctors and other paramedical staff. A programme for administering her chemotherapy was planned after her discharge.
The complainant further alleged that her first chemotherapy was administered by a nurse without the personal supervision of any doctor amounting to negligence on the part of the hospital. The second cycle was also not carried out in a satisfactory manner.
The complainant alleged that the aforesaid acts of commission and omission on the part of the hospital amounted to deficiency of service. The hospital delayed the action and procedure at every stage, which was sure to have reduced the life span of the complainant and also caused her to bear pain and trauma for removal of her breast.
The opposite parties in their joint written statement have denied the allegations of the complainant. They have stated that in case the complainant was not satisfied with the treatment given by them or with the first cycle of chemotherapy, she could not have visited them again. The fact that she came to them for chemotherapy repeatedly showed that she was satisfied with their treatment. They have denied that at the time of administration of chemotherapy to the complainant, no doctor was present and have stated that Dr Ashutosh Mukharjee, who is MD, radiation oncologist, and was a consultant, had planned and administered the drug in his presence. The husband of the complainant at the time of every discharge filled feed back and satisfactory treatment/investigation certificate form.
The miraculous recovery of the complainant was possible only because of good treatment by the hospital and their doctors. Denying any deficiency of service on their part, the opposite parties have sought dismissal of the complaint. 

Fresh case against Healthyway Immigration owner

Chandigarh, September 22
The Chandigarh police has registered a fresh case against Amit Kakkar, owner of Healthyway Immigrations. In the fresh FIR registered at the police station-36, the police has named 46 complainants who were allegedly duped by the company in 2010.
This is the 10th case registered against owners of Healthyway Immigrations. DSP Anil Joshi said the case was registered after scores of complainants approached them after the booking of Kakkar in a similar fraud case. The total amount of fraud is estimated at over Rs 30 lakh. All complainants alleged that they were duped by the company on false promises of easy migration overseas. The UT Police will now move an application in the court seeking his police custody again.
Source: The Tribune

Mohali Consumer Court directs dealer to pay cost of Swift car

Mohali, September 22
Mohali-based car dealer Chittosho Motor has been directed by the District Consumer Disputes Redressal Forum to pay Rs 5,34,970, the cost price of a Maruti Swift VDI car, to a Phase-VII resident on account of damage to the vehicle while with the agency for periodic service.
Holding the car dealer responsible for negligence and carelessness, the forum, comprising BS Mehandiratta, president, and SS Dhaliwal and HK Ghuman, members, directed the car dealer to pay 9 per cent per annum as interest with effect from May 8 till the date of payment.
The complainant, Ranjai Sanadi, had stated that he purchased a new car from the agency on November 4 the previous year and left it with the agency for periodic service on May 8.
He added that the company informed him during service that there was a minor problem with the car, but when he visited the agency, he found his car badly damaged.
He further said the company failed to give him a satisfactory reply on enquiry and refused to replace the car, with repeated representations to the agency failing to elicit a response.
The agency denied damaging the car. It stated that it was ready to replace the damaged parts of the car free of cost.
After hearing the arguments, the forum observed that the depressed and pensive state of mind of a consumer could be imagined when the vehicle purchased by him with his hard-earned income was damaged due to the negligence and carelessness of those with whom were entrusted for repairs and who were supposed to keep it in safe custody.

Andhra Bank penalised Rs 38,300 by Chandigarh Consumer Court

Chandigarh, September 22
The District Consumer Disputes Redressal Forum has directed Andhra Bank to pay Rs 38,300 to a Sector 22-B resident for its failure to forward the premium amount to an insurance company, besides levying Rs 5,000 as cost of litigation.
The district forum, comprising its president Lakshman Sharma, and members Madhu Mutneja and Jaswinder Singh Sidhu, in its order stated that the bank could recover the amount from the official(s) concerned, if the management so desired, by following proper rules.
The complainant, Shyam Lal Gupta, had pleaded that United India Insurance Company had floated “AB-Arogyadan” mediclaim policy for account holders and as he had an account with the bank, he opted for the mediclaim policy.
He said even though he had verbally directed the official concerned to debit the premium amount for the renewal of the policy on June 18, 2006 besides filling a renewal authorisation letter sent by the insurance company, the opposite party debited the amount on July 12 by which time the policy had expired.
Meanwhile, his wife was admitted to a private eye hospital for operation of the right eye. He said when he sent the request for pre-authorisation to Good Health Plan Ltd for cashless treatment, the same was declined on grounds that there was a 23-day break in the renewal of the policy, which was treated as a fresh policy, and one-year exclusion was applicable as per insurance norms.
As a result, he had to pay Rs 38,000 from his own pocket towards the medical treatment of his wife.
The counsel for the opposite party argued that as per terms and conditions of the policy, the complainant was supposed to deposit the cheque/DD with the bank for collecting the applicable premium for debiting the same to the insurance company.
The complainants had also failed to mention their account number maintained with the bank on the renewal authorisation letter. He also denied that the complainant ever requested the officer of the bank for debiting the premium to the insurance company.

NRIs can now open joint accounts with resident Indian

MUMBAI: Liberalising the foreign exchange rules, the Reserve Bank today allowed NRIs to hold joint account with Indian residents, a move that would help increase remittances.

The central bank has also permitted sale proceeds of foreign investments in India to accrue to NRE/FCNR accounts after tax deductions, under the Foreign Exchange Management Act.

Foreign Currency Non-Resident (FCNR) account and Non-Resident External (NRE) account are opened by Non-Resident Indians (NRIs) with the Indian banks.

As per the recommendations of the committee constituted to review facilities available under FEMA, the central bank has taken such steps.

RBI has allowed residents of India to include non-resident close relative in their resident bank accounts on 'former or survivor' basis. However, such non-resident relative shall not be eligible to operate the account during resident's lifetime, it said in a notification.

It also permitted NRIs to open NRE/FCNR account with their resident close relative. In this case, the resident relative can operate the account as a power of attorney holder.

Similarly, the central bank has doubled the slab under which securities worth USD 50,000 per fiscal can be transferred by resident Indians to non-resident individuals 'by way of gift' from the present level of USD 25,000.

RBI has also allowed resident individuals to include resident close relative in their EEFC (Exchange Earners Foreign Currency) or RFC(Resident Foreign Currency) as a joint account holder.

Custodial death: HC dismisses Punjab’s plea

Chandigarh, September 21

The State of Punjab’s attempts to wriggle out of a tight corner, in a case involving the death of an undertrial in jail due to delayed medical treatment, have failed to find favour with the Punjab and Haryana High Court.
Dismissing the State’s appeal, a Division Bench has not only upheld the interim compensation of Rs 2.5 lakh granted to the inmate’s widow Krishna Devi, but also ruled there was negligence on the part of the jail authorities in providing timely aid.
The State had filed the appeal against the Single Judge’s orders, even though Moga Deputy Commissioner had also recommended in his letter dated October 17, 2006, the grant of Rs 2.5 lakh as assistance to the widow and her family.
Taking up the matter, the Bench of Acting Chief Justice M.M. Kumar and Justice Gurdev Singh asserted: “This is a case of custodial death. The State of Punjab has filed the instant appeal against order dated December 14, 2010, whereby the Single Judge allowed the compensation of Rs 2.5 lakh to the widow of the deceased, after recording the finding that there was failure to perform duty by the jail authorities with due diligence”.
The Bench added: “The basis of the finding was that the undertrial was not suffering from any ailment, which could be the cause of his sudden death.
The jail authorities did not even assert that he was rushed to the hospital timely and was given medical aid.
“A hale and hearty person having no ailment history and who earns his livelihood by selling eatables on a bicycle could not have met with a sudden death but for the lack of timely medical assistance.
Observing the undertrial was a BPL ration card holder, the Bench added: “We are of the considered opinion that no interference in this appeal filed by the State would be warranted.
“The meagre amount of Rs 2.5 lakh awarded as compensation to the widow of the deceased and her family cannot be regarded as without a reasonable cause.
There is negligence on the part of the jail authorities to grant timely medical aid to the jail inmate. There is, thus, no merit in the appeal and the same is hereby dismissed”. 

BC PNP Suspends Entry-Level Semi Skilled Pilot Project

The BC PNP has suspended the Entry-Level Semi-Skilled Pilot Project. No new applications are being accepted.
As noted on the BC PNP website:

The Entry-Level and Semi Skilled Pilot Project of the BC PNP expired on August 31, 2011. A review of this pilot project is currently being completed and an update will be posted on our website over the next few weeks.
Until further notice, applications will not be accepted for processing after August 31, 2011. Any ELSS applications received after this date will be returned unprocessed.
Applications received prior to the expiry of the pilot project will be accepted for processing only if the applicant meets the requirement of having at least 9 months of consecutive work experience with the same employer at the time the application is received.

Custodianship

Many minors wish to reside temporarily in Canada.  Their reasons for doing so range from making extended visits to the more common scenario of studying in Canada as an international student.
In order to obtain a visitor visa or a study permit, minor applicants generally must supply two notarized declarations.  The first is from the parent or legal guardian in the applicant’s country of origin.  The second is from the minor applicant’s intended custodian in Canada, stating that arrangements have been made for the custodian to act in place of the parent and to support the child.
On September 15, 2011, Citizenship and Immigration Canada introduced an exception to the custodianship requirement to some minor’s aged 17 and older.
Under 17 Years of Age
If a minor is less than 17 years of age at the time of application, a Canadian custodian will be required.  In addition to the information already required on the forms, custodians will also now have to confirm that they will reside within a reasonable distance to the minor applicant’s intended residence and/or school.
Minors Aged 17 Years or Older
Applicants who are between 17 years of age and the age of majority in the applicant’s respective intended province of residence will now no longer automatically be required to have a custodian.  Instead, applications will be assessed on a case by case basis.
In considering whether custodianship is required, officers must consider:

• Level of the applicant’s studies – Those attending secondary school will normally require a custodian.
• Level of independence – If the applicant has previously lived abroad independently then he/she will not require a custodian.
• Financial capacity.
• Travel experience
• Accessibility of parent(s)/guardian(s)
• Informal arrangements – Whether arrangements less formal than custodianship have been made to provide support and care for the minor student.
• Risk environment.

NRIs guide to property received as gift

The set of tax and regulatory implications for properties received by NRIs as gift are vastly different from those received as inheritances. In this article, we see what those implications are.

Can an NRI receive property in India as a gift?

Yes, NRIs and PIOs can receive property as gifts from a person resident in India, from another NRI or from a PIO. However, the property can be only a commercial property or a residential property. Agricultural land, plantation property and farm house in India cannot be acquired by way of gift.

A foreign national of non-Indian origin cannot acquire property in India by way of gift.

What are the tax implications at the time of receiving the gift?

Gifts received from 'relatives' are not liable to tax. Relatives include: * Spouse of the individual; * Brother or sister of the individual; * Brother or sister of the spouse of the individual; * Brother or sister of either of the parents of the individual; * Any lineal ascendant or descendant of the individual; * Any lineal ascendant or descendant of the spouse of the individual; and * Spouse of the person referred to in clauses (ii) to (vi)

Moreover, if the gift was received on the occasion of marriage or from a registered trust, it may be exempt from this tax.

Any gifts over Rs 50,000 received from people who are not relatives are taxed as income in the hands of the person receiving the gift. So you would need to add the fair market value of this property to your total income and pay tax thereof.

The property may also be subject to wealth tax. According to the Wealth Tax Act, tax is payable if the net value (market value minus any loans taken to finance the assets) of the assets of an individual exceeds Rs 30 lakh.

Now, there are certain exceptions to the definition of 'assets'.

i. Only one house

If you own only one residential house, you do not have to pay wealth tax. So after receiving the property as gift, if this is the only property that you own, you do not have to pay wealth tax on it.

The question arises as to whether this includes global properties. For instance, if an NRI owns a property in the US and gets one as a gift in India, will he be subject to wealth tax on the property in India?

Parizad Sirwalla, Executive Director - Tax at KPMG explains, "For an Indian citizen who qualifies as a 'Resident but Not Ordinary Resident (NOR)' or 'Non-Resident (NR)' of India (as per the Income Tax Act 1961) as well as for a foreign national, wealth tax is applicable only on the specified assets located in India. Specified assets located outside India are subject to wealth tax only in the case of Indian citizens who qualify as 'Ordinary Resident (OR)' of India as per the IT Act.

In the instant case, if the NRI qualifies as 'NOR' or 'NR' of India, the US house property will not be considered as a specified asset for wealth tax. Further, the house property in India may be considered as exempt under Section 5 of the Wealth Tax Act provided that's the only house he owns in India.

The US house property will be considered as specified asset for wealth tax, only if this NRI (assuming Indian citizen) qualifies as 'Ordinary Resident' of India for the relevant financial year. In such case, as one residential house property is exempt for wealth-tax, either of the property (US or India) can be considered as exempt (as per Section 5 of the WT Act) and the balance will be taxable. "

ii. House given on rent for more than 300 days

If you have given the property on rent for more than 300 days during a financial year, you do not have to pay wealth tax.

If the net value of all your assets, including the gift property exceeds Rs 30 lakh, wealth tax will be charged at 1% of the amount exceeding Rs 30 lakh.

Will the provisions of clubbing of income be attracted for income tax as well as wealth tax purposes?

While the gift in itself is not taxed in the hands of the receiver if the receiver is a relative, Sirwalla is quick to caution, "Clubbing provisions similar to income tax apply and need to be evaluated in case of gift to spouse and son's wife. In such a case, property would continue to belong to the donor for the purpose of wealth tax applicability."

What this means is that in case of gifts made to the spouse or son's wife, any income earned by the gifted property is clubbed together in the hands of the person giving the gift. So if a resident Indian has gifted a property to his son's wife who is an NRI, then the rent earned from such property will be added to the total income of the person giving the gift.

Such property will also be added to the net wealth of the person giving the gift for wealth tax purposes.

Can an NRI rent out property received as a gift? What are the implications?

Yes, an NRI can rent such property. The implications are the same as those applicable for renting out purchased property.

Can an NRI sell and repatriate proceeds of property received as a gift?

Yes, an NRI can sell property received as a gift. The sale proceeds of such property should be credited to NRO account only. From the balance in the NRO account, NRI/PIO may remit up to USD 1 million per financial year, subject to the satisfaction of authorized dealer and payment of applicable taxes.

What are the tax implications on sale of property received as gift?

The tax implications of sale of property received as gift are the same as those applicable in case of purchased property.

Note: The purchase price for calculation of capital gains will be the purchase price paid by the person who gifted the property. The holding period for determining if the gains are long term or short term will be computed from the date of purchase by the person who gifted the property.

Can an NRI gift property?

Yes. An NRI or PIO may gift residential and commercial property to person resident in India or an NRI or a PIO. However, if the property is an agricultural land, plantation property or farm house, it can be gifted only to a person resident in India who is a citizen of India.

A foreign national of non-Indian origin requires the prior approval of the Reserve Bank for gifting any kind of property.

Double Taxation

You would also need to look into provisions of the countries you live in, in order to determine tax implications of gift properties. In the US for instance, individuals are subject to estate tax. An article on this will follow soon.

Plea against appointment of law officers dismissed

Chandigarh, September 19
The Punjab and Haryana High Court today dismissed a petition alleging the appointment of law officers in Punjab for “furthering the prospects of Badals in the forthcoming Vidhan Sabha elections.
In its petition placed before the Division Bench of Acting Chief Justice MM Kumar and Justice Gurdev Singh, Lawyers for Humanity had asserted: “The law officers were being appointed only with a view to win the elections and the state exchequer was being depleted to further the prospects of Badals.”
In the petition against the State of Punjab, Punjab Advocate-General, the Director in the Department of Employment Generation and 126 law officers, the petitioners had sought the quashing of their appointment on the ground of being made in an arbitrary manner.
Alleging the violation of Article 14 and 16 of the Constitution, the petitioners had also sought directions to stay the renewal of contract for 2011-12 and to launch prosecution “against those responsible for circumventing the procedure of appointment in offices as enshrined under the Employment Exchange (Compulsory Notice of Vacancies) Act-1959.

Consumer Courts Awareness

Reliance told to pay Rs 16,800 vehicle damage claim
Tribune News Service
Chandigarh, September 19
The District Consumer Disputes Redressal Forum has directed Reliance General Insurance Company to indemnify the loss on non-standard basis and pay Rs 16,800 along with 15 per cent interest to a Sector-30 resident towards the payment for the repair of his vehicle.
The district forum comprising its president PD Goel, and members Rajinder Singh Gill and Madanjit Kaur Sahota has also directed the opposite party to pay Rs 7,000 as costs of litigation.
Complainant Naresh Chaudhary had claimed that he had insured his Tata Indigo car with Reliance General Insurance Co. Ltd as a passenger-carrying vehicle but due to family problems, he could not use the same for commercial purpose and got it insured as a private vehicle.
Later, he requested the opposite party to make necessary correction in the policy to which the insurance company replied that before correction, the vehicle needed to be inspected. Also Rs 200 were demanded as inspection charges.
The company later informed him that necessary formalities had been completed and he would receive the corrected policy. However, the policyholder failed to receive the corrected policy till the filing of the complaint.
He averred that his vehicle met with an accident on April 16, 2010 and consequently informed the company.
He got it repaired by spending Rs 28,480 and submitted the relevant documents to the company. He alleged that the company repudiated his claim on the ground that the policy was issued for a passenger-carrying vehicle, whereas the vehicle was registered as a private vehicle.
The counsel for the Reliance General Insurance Company Ltd. argued that the FIR was lodged on April 19, 2010 four days after the accident, while the company was informed of the same after 13 days of the accident.
It was pleaded that the surveyor had assessed the loss to the tune of Rs 22,400. He further argued that the vehicle was insured as a passenger-carrying vehicle but the complainant got the vehicle registered as a private one and they were unable to process the claim because the complainant was not having any insurable interest in the vehicle.
The counsel further pleaded that there had been no deficiency in service or unfair trade practice on their part and prayed for dismissal of the complaint.

UT yet to set up Consumer Protection Council

Chandigarh, September 19
Even though Chandigarh is leading the country on the judicial front of the Consumer Protection Act (CPA), with the highest average percentage disposal rate of 97 per cent yet on the administrative side, the city has failed to establish any Consumer Protection Council (CPC) even after 25 years of the enactment of the CPA in 1986.
Under Sections 6 to 8 in Chapter II of the CPA the setting up of the CPC is mandatory which provides for the establishment of the council at the Central and state levels for the avowed purpose of promoting and protecting the rights of the consumers.
Initially, the provisions were not compulsory, but the Consumer Protection (Amendment) Act of 2002 made the creation of councils mandatory by incorporating Section 8A, which states that the state government (UT administration) shall establish for every district by notification, a council to be known as the District Consumer Protection Council (DCPC) with effect from such date as it may specify in such notification.
The DCPC would consist of members such as the Collector of the district who would be the chairman and such number of other official and non-official members representing such interests as may be prescribed by the state government.
The council would meet as and when necessary but not less than two meeting to be held every year and the members would meet at such a time and place within the district as the chairman may think fit and would observe such procedures in regard to the transaction of its business as may be prescribed.
Chandigarh, Consumer Courts Bar Association president Pankaj Chandgothia, said, "The amendment was made effective from March 15, 2003 (World Consumer Day), but even after more than 8 years of the amendment, the UT administration continues to ignore the legislative intent adversely affecting the consumer protection movement in this area”.
Recently, in a DO letter to the departments concerned, GN Sreekumaran, joint secretary, Ministry of Consumer Affairs, New Delhi, has stressed upon the need for establishing the district and state councils, at the earliest.
Chandgothia further alleged that in the absence of these statutory councils, private consumer protection associations were mushrooming, some of which were exploiting the consumers on the pretext of guidance.

Capt meets Khursheed on Anand Karaj Act

Chandigarh, September 13After meeting Prime Minister Manmohan Singh for the introduction of the Anand Karaj (Marriage) Act, Punjab Pradesh Congress Committee President Capt Amarinder Singh met the Union Law Minister Salman Khursheed in New Delhi last evening.
He was accompanied by a delegation of senior party leaders, including Lal Singh, Sukhdev Singh Libra, Rana Sodhi, Rana Gurjit Singh, Harminder Jassi and Tript Rajinder Singh Bajwa, from Punjab. Capt disclosed that Khursheed had also met the Prime Minister on the issue.
He said the minister told him that the Congress-led UPA Government was taking necessary measures for the introduction of the Act. “We are expecting the things to move faster on the issue,” he disclosed, while adding that the process had already been set into motion on the matter.
The PCC President said it was quite a fruitful meeting and the minister was quite in agreement with their viewpoint.
“All the necessary measures had been initiated and the process will be completed very soon. Khursheed appreciated and understood the concern of the party leadership from Punjab and said that the Government of India was already seized of the matter,” added Capt.
This was the second meeting of the PCC President in pursuit of getting the Anand Karaj (Marriage) Act passed and implemented.
Earlier, Amarinder Singh led a delegation to meet the Prime Minister, who had also spoken to the Union Home Minister, P Chidambaram, and Union Law Minister Salman Khursheed on the matter.

SC uphelds death for Ludhiana man

Convicted for killing wife, three children

New Delhi, September 13
The Supreme Court today upheld the death sentence awarded to a Ludhiana man convicted for killing his wife, two daughters and a son by setting them ablaze after pouring petrol on them in April 2003.
The crime had taken place in Mumbai’s Shere-Punjab colony, Andheri, where the convict, Ajitsingh Harnamsingh Gujral, had shifted after suffering business losses in Ludhiana.
A Bench comprising Justices Markandey Katju and CK Prasad said a person like Gujral “who instead of doing his duty of protecting his family kills them in such a cruel and barbaric manner cannot be reformed or rehabilitated. The balance sheet is heavily against him and accordingly we uphold the death sentence awarded to him.”
Acknowledging that the killings were followed by a quarrel with his wife at midnight, the Bench, however, noted that the fact he had brought a large quantity of petrol into his house showed that he had pre-planned the “diabolical and gruesome murder in a dastardly manner.” The murders therefore fell under the “rarest of rare” category warranting death penalty, it asserted.
Gujral had committed the crime about 27 years after his marriage with Kanwaljeet Kaur. The other victims were his son, Amandeep Singh, aged 20, and the two daughters, Neeti and Taniya, aged 22 and 13. The apex court said it was legally bound to award death sentences in such cases despite the fact that the death penalty had been abolished in 96 countries and had not been used in 34 countries for a long period of time. “As long as death penalty exists in the statute book it has to be imposed in some cases, otherwise it will tantamount to repeal of the death penalty by the judiciary,” the Bench noted.
The SC also pointed out that its role was restricted to going into the question of imposing death penalties as it was “not dealing with mercy petitions under Article 72 and 161 of the Constitution.”

British national indicted

Case of Drug Peddling

Chandigarh, September 12Additional District and Sessions Judge Lalit Batra today framed charges against a British national, Napper Ned ’O Conner Tandy, in connection with a drug peddling case.
The crime branch of the Chandigarh Police had on July 16 arrested the British national on charges of possessing charas and psychotropic tablets.
Nineteen-year-old Tandy, a resident of London, was arrested from Sector-38 West during a checking drive.
The accused was riding a motorcycle without helmet. On being signalled to stop, Tandy tried to flee. During search, the police found 40 gram charas and psychotropic tablets from his pocket.
Tandy was on a tourist visa valid till November 8. He had arrived in India on May 22 and purchased a Bullet motorcycle (HR 12 E 7183) from a mechanic before heading to Manali in Himachal Pradesh and Ladakh.

Welcome to New Chandigarh

 It’s official -- green signal to urban estate

Mohali, September 12
The much-awaited 740-plot phase I of the Mullanpur urban estate will be floated on September 21 and applicants will be given a month to apply under the scheme. The site is located 7 km from the PGI in Chandigarh.
The decision follows approval to the project by the executive committee of the Greater Mohali Area Development Authority (GMADA) during a meeting under the chairmanship of Punjab Chief Secretary SC Agrawal.
For the first time, applications will also be received online. The draw of lots will be held on November 30. The letter of intent will be issued within a month of the draw of lots.
Allottees will be given 120 days from the date of draw of lots to deposit 95 per cent of the cost of the plot, a decision taken to keep speculators out.
To solve the problem of finance, GMADA is contemplating a tripartite agreement between banks, GMADA and allottees so that the cost can be paid within the period specified.
A senior GMADA official said after past experiences like Aerocity, it was decided to limit the schedule of payment of 95 per cent of plot cost to four months, between December, 2011, and March, 2012, from the date of draw of lots.
The letter of allotment would be issued once the 95 per cent of the cost was paid. In case of Aerocity, over three lakh applicants, mostly from outside Punjab and speculators, had applied and the margin money increased prices to an unimaginable level. GMADA Chief Administrator Sarvjit Singh said he could comment only after minutes of the meeting were issued.
As per the draft, the scheme was for bona fide residents of Punjab and Chandigarh. Employees of the Punjab and Haryana High Court were also eligible to apply. Applications would also be received online this time. This yardstick would apply to future housing schemes as well.

Project at a glance

n GMADA allows end users to buy property straightaway
n Only for bona fide Punjab and Chandigarh residents
n Those who own or have been allotted a plot are not eligible
n 100 sq yd, 125 sq yd, 150 sq yd, 200 sq yd, 250 sq yd, 300 sq yd, 400 sq yd, 500 sq yd plots
n Prices between Rs 15,000 per sq yd (for 100 sq yd) and Rs 19,000 per sq yd (for 500 sq yd)
n 95 per cent of plot cost to be paid within 120 days of date of draw of lots.

One more held in NRI murder case

Batala, September 12
The police has arrested one more accused, Rajbir Singh Bajwa (alias Raju), in the infamous murder case of Canada-based NRI Gurinder Singh Gill.
With today’s arrest, three of the four accused, including BJP councillor Rajbir Singh Bhullar and his accomplice Jarnail Singh, a Punjab police head constable — the duo arrested yesterday — have been taken into custody. Yadvinder Singh Bhullar, brother of the main accused Rajbir Bhullar, is still at large.
Gill was gunned down in broad daylight in front of the busy court complex, barely 50 metres away from the SSP’s residence, on Friday.
Batala SSP Gurkirpal Singh said several teams had been constituted to nab Yadvinder. Bajwa’s arrest, however, remains shrouded in mystery as a top police official on anonymity disclosed that the accused surrendered before the cops last evening. But officials say he was arrested following a raid.
Also, the Gurdaspur NRI unit’s executive committee held a meeting and condemned the murder.