COMMON ISSUES IN NRI MARRIAGES

‘NRI marriages’, as generally understood, are between an Indian
woman from India and an Indian man residing in another country (thus
NRI – non-resident Indian), either as Indian citizen (when he would
legally be an ‘NRI’) or as citizen of that other country (when he would
legally be a PIO – person of Indian origin).
In the eagerness not to let go of such lucrative marriage offer, the
families totally ignores even the common cautions that are observed in
traditional matchmaking. They also ignore that in case of things going
wrong in an NRI marriage, the woman’s recourse to justice is greatly
constrained and complex. The aggravated risk in such marriage is the
woman is being ‘isolated’ far away from home in an alien land, facing
language constraints, communication problems, lack of proper
information about the local criminal justice, police and legal system.
The situation is worsened by lack of support network of friends and
family and monetary constraints which leaves the deserted wife
completely helpless and stranded.
Following are some of the typical instances of the issues that could
arise in NRI marriages
Woman married to an NRI who is abandoned even before being
taken by her husband to the foreign country of his residence.
Woman brutally battered, assaulted, abused both mentally and
physically, malnourished, confined and ill treated and forced to
flee or was forcibly sent back.
A quick engagement, followed by a massive wedding, a huge
dowry and a honeymoon, after which the NRI husband flies out of
India while the wife waits for her visa.  The menace of
‘honeymoon brides’ is a big problem to deal with as over 20,000
brides have not seen their husbands after their honeymoon.
In some cases, the children were abducted or forcibly taken away
from the woman.
COMMON ISSUES IN NRI MARRIAGES

Following are some of the typical instances of the issues that could
arise in NRI marriages
Woman married to an NRI who is abandoned even before being
taken by her husband to the foreign country of his residence.
Woman brutally battered, assaulted, abused both mentally and
physically, malnourished, confined and ill treated and forced to
flee or was forcibly sent back.
A quick engagement, followed by a massive wedding, a huge
dowry and a honeymoon, after which the NRI husband flies out of
India while the wife waits for her visa.  The menace of
‘honeymoon brides’ is a big problem to deal with as over 20,000
brides have not seen their husbands after their honeymoon.
In some cases, the children were abducted or forcibly taken away
from the woman.

Woman who reached the foreign country of her husband’s
residence and waited at the international airport there only to find
that her husband would not turn up at all.
Abandoned in the foreign country with absolutely no support or
means of sustenance or escape and without even the legal
permission to stay on in that country.
NRI husband was already married in the other country to another
woman
Husband had given false information on any or all of the
following: his job, immigration status, earning, property, marital
status and other material particulars, to con her into the marriage.
Husband, taking advantage of more lenient divorce grounds in
other legal systems, obtained ex-parte decree of divorce in the
foreign country through fraudulent representations and/or behind
her back, without her knowledge
Woman was denied maintenance in India on the pretext that the
marriage had already been dissolved by the court in another
country.
Woman who approached the court, either in India or in the other
country, for maintenance or divorce but repeatedly encountered
technical legal obstacles related to jurisdiction of courts, service
of notices or orders, or enforcement of orders or learnt of the
husband commencing simultaneous retaliatory legal proceeding
in the other country.
Do check the NRI groom’s personal information particulars
such as :
Marital status: if he is single, divorced, separated, Employment
details : qualification and post, salary, address of office, employer
and their credentials, Immigration status, type of visa, eligibility
to take spouse to the other country
Dos & Donts
Dos
Financial status, Properties said to be owned by him in India,
residence address, family background, Visa, passport. Voter or
alien registration card, Social security number.
Have regular and meaningful communication with the man and
his family over a period. Make sure that the two persons to be
married meet personally and interact freely and frankly in
comfortable atmosphere to make up their minds.
Insist on a registered marriage along with the religious marriage to
be solemnized in India with adequate proof like photographs etc.
Insist on keeping in touch with the bride even after the marriage on
phone and e-mail and through local friends and relatives and get
alert if at any point there is any reluctance or difficulty in this.
Equip the woman with knowledge of the laws of the foreign
country and the rights she enjoys there, especially against any
form of abuse or neglect, including domestic violence and if she
can get residence permit and other protections as a victim of
domestic violence or abuse.
Inform people you trust if you face domestic violence in any form -
physical, emotional, financial, and sexual. Keep a log of all acts of
violence you face.
Have a bank account in your exclusive name near your residence
that you can use in case of any emergency.
Keep a list of contact details of neighbors, friends, relatives,
husband’s employer, police, ambulance, and the Indian embassy
or high commission, if abroad.
Leave photocopies of all important documents including your
passport, visa, bank and property documents, marriage certificate
and other essential papers and phone numbers with parents or
other trustworthy people in India or abroad. In case they are
lost/forcibly taken away/mutilated/destroyed by or at the instance
of spouse or in-laws, the copies will come in handy; if possible,
keep a scanned soft copy with you and any person you trust so that
the same can be retrieved if necessary.o Try to keep a photocopy of husband’s personal details including
passport, visa, property details, license number, social security
number, voter or alien registration card, among others.
Do not take any decision in haste and do not get pressurized to do
so for any reason whatsoever.
Do not make matrimony a passage to greener pastures abroad by
falling prey to lucrative schemes to migrate to another country or
promises of getting green card through marriage.
Do not finalize marriage matters, without meeting the family or
over long distance, on phone or through e-mails.
Do not get pressurized in taking impulsive decisions of marriage
proposal with an NRI just because it appears too perfect to be true.
Do not negotiate your daughter’s marriage via a bureau, agent or
middleman or trust them blindly
In case matrimonial negotiations takes place via matrimonial
sites, verify the details and authenticity of particulars submitted
about the groom.
Do not finalize matters in secrecy – publishing the proposal
among the near and dear ones, friends and close relatives could
help you in getting vital information which you may not be able to
collect otherwise .
Do not agree on the marriage taking place in the foreign country
Do not be coerced into acceding to dowry or any other
unreasonable demand made by or on behalf of your husband in
order to end your desertion. Inform officials immediately if being
forced to do so.
Do not remain quiet, if faced with desertion or any other cruelty by
husband and/or in-laws whether in India or abroad. Approach the
authorities.
Donts
Do not forge/fabricate papers or legal documents for somehow
going abroad and do not become a party to illegal acts under
pressure, allurement or instigation from anyone.
Do not be forced into participating in legal action in country of
husband’s residence. You can file a case in India and cannot be
forced to defend a case filed against you by husband abroad -
especially divorce. India has more women-friendly laws than
many other countries.
Do not panic if your husband obtains divorce in the other country
with or without your knowledge since it is not valid in India. Its
valid in India only if you participate in that case.
Do not defame husband and/or in-laws without evidence as they
may slap a defamation case against you. Speak only the facts at the
right fora - before police/lawyer/social worker/court etc.
Do not be vindictive and take law in your hands. Never resort to
violence or any illegal act to settle scores with deserter husband
and/or in-laws. Approach government authorities in case of any
problem in the marriage. Do not file false/frivolous complaint.

FAKE BAIL BONDS

Third accused arrested

Chandigarh, October 30
The crime branch of the city police today arrested the third member of the gang involved in furnishing bail bonds for undertrials on the basis of forged documents. The police has arrested Amit Kumar who used to furnish bail bonds on the basis of fake documents. A fake identity card and salary slip of the Punjab Government was also recovered from his possession. The gang was busted following the arrested of the first accused, Sachin, of Burail here on October 25.

Inspector Amanjot Singh, in charge of the crime branch, said Amit was arrested following the interrogation of the second accused, Manoj Kumar. Earlier in June, the crime branch had busted a similar gang which was involved in the preparation of bogus bail bonds.

Gang making bogus bail bonds busted

Cops seek names of beneficiaries from court

Chandigarh, October 29
The crime branch of the city police has busted a well-organised gang involved in generating bogus bail bonds for criminals at the Sector 17 District Courts. An alleged key operator of the gang, Manoj Kumar, was arrested by the police yesterday.

This is the second such gang involved in making fake documents for bails that has been busted in the last four months.

Investigations carried out so far reveal that the list of beneficiaries include some hardcore criminals. Based on the interrogation of the suspects, the police has requested the court authorities to provide it with details of the beneficiaries.

The main suspect in the case, Manoj Kumar, a resident of Mundate village in Muzaffarnagar district (UP), was arrested from Sector 17 on Friday.

Another accused, Hardit, alias Balbir Singh, is absconding. The police has also recovered fake documents, including identity card and salary slips of Punjab Government which were used for filing bail sureties.

Another member of the gang, Sachin Kumar, a resident of Burail, is already in the custody of the police since October 25.

In a similar case, Virender Singh, a tainted Junior Engineer (JE) of the Punjab irrigation department was arrested in June. Virender and his associates used to file sureties. He had reportedly filed sureties for over 100 criminals and most of them were granted regular bail against their criminal cases.

The police has also filed a detailed chargesheet against Virender Singh in the district courts. Police sources said a reply to the request of the police seeking details of beneficiaries under trial and pertaining to fake documents furnished by Virender Singh was still pending in court.

Crime branch Sub-Inspector Sohan Lal, who is the investigating officer in the case, said they got a tip-off about the gang operating in the district courts during investigation of the gang involving Virender Singh. “The investigations have revealed that the gang was operating in the court for a long time,” he said.

A case under various sections of the IPC has been registered against Manoj and Hardit at the Sector 17 police station.

Consumer court slaps Rs 10,000 fine on SBI

Chandigarh, October 28
The District Consumer Disputes Redressal Forum has slapped a fine of Rs 10,000 on the State Bank of India for mental agony and harassment suffered by former DGP Punjab Dr AA Siddiqui.
District forum comprising PD Goel and members Rajinder Singh Gill and Madanjit Kaur Sahota observed that undisputedly the opposite party has redressed the grievances of the complainant after filing of the complaint, therefore, the complainant is certainly entitled for compensation for mental agony.
The complainant averred that he had availed the services of the bank through primary credit card and duly paid the amount through cheque drawn on the SBI after the opposite party dispatched the bill for the services in May 2010. He said he was shocked to find the monthly statement, wherein the amount of Rs 5764.32 was reflected. He informed the bank about the irregularity and the primary Credit Card which was cut into half and returned the said card to the bank.
The bank also charged some financial charges and late fee of Rs.350. He tendered an amount of Rs 9934.85, which was debited, from his account on June 30, 2010. He said even though amount of Rs 5765 stood debited from his account he received a letter from the bank about the outstanding amount.
The counsel for the SBI admitted that cheque amount was debited from complainant’s account on May 26, 2010 but due to unavailability of correct card number, it was in suspense account.
It was pleaded that amounts due were not paid to the bank by the due and payable date and hence overdue and late payment charges were payable.
It has been further stated that opposite party has given the benefit as per one time settlement and the amounts as demanded have been reversed. The grievance of the complainant has been redressed as the credit card account of the complainant has already been zeroised and the requisite no due certificate has already been issued. The account of the complainant has already been closed as settled.

3 cops get 5-yr jail for misbehaving with warrant officer

Abohar, October 29
A district court has sentenced ASI Sohan Lal Tanwar, former in charge of the Seetogunno police post in this sub-division, head constable Balwinder Singh and home guard Darshan Singh to five-year imprisonment for misbehaving with Punjab and Haryana High Court Warrant Officer Gyaninder Ahlawat on January 25 last year.
The cops were accused of keeping the Warrant Officer in illegal detention and restraining him from performing his duty.
The Seetogunno police had allegedly picked up some followers of a dera run by Swami Brahm Chaitanya of Chak Radheywala village during investigation of a complaint. The villagers were divided over the status of the dera. One faction wanted the police to get it shut while others defended the chief asserting that some vested interests were conspiring to implicate him in false cases.
A follower of the dera chief had approached the Punjab and Haryana High Court alleging that some followers had been kept in illegal custody at the Seetogunno police post. The HC on January 25 dispatched Warrant Officer Gyaninder Ahlawat to investigate.
According to the complaint, he, along with Devi Lal - complainant from Dhaani Nayianwali - and car driver Ram Phal, reached the police post early in the morning and spotted the detainees there.
The Warrant Officer alleged that he and the duo accompanying him was detained by the police till 8.30 pm and humiliated. He was forced to sign a statement that no one was found in illegal custody there.
After high drama, the Sadar police finally arrested the accused cops under Sections 342, 353, 460, 467, 468, 471, 506 and 186 of the IPC on January 26, 2010.

Healthyway’s Sec-42 basement sealed

Chandigarh, October 28
Trouble for Healthyway Immigration Consultancy does not seem to end. After being shut for duping clients in the region on fake promises of easy immigration overseas, the estate office sealed the basement of the company’s Sector-42 office today for misuse as a pantry was being run there.

Ravinder Sharma, chief inspector, misuse and enforcement, said the estate office had issued several notices to the company, asking them to shut the pantry, but it failed to do so.

Officials further said the basement also had furniture, along with tables and chairs in a row, like a makeshift office. As per rules, running a pantry or an office in the basement of the building was illegal, the officials said.

The UT police had earlier sealed the company’s office following several cases against owner Amit Kakkar for allegedly providing fake documents for visa in lieu of money. All cases were presently under investigation.

Miami Police Officer Arrested for Speeding

 Trooper pulled Miami officer over for going in excess of 120 mph.

Constable booked for cheating

Patiala, October 28
The Patiala police has registered a case of cheating against Darshan Singh, a constable with the Indian Reserve Battalion band staff, who allegedly used fake certificates to procure his job.

A case under Sections 420 and 465 of the IPC has been registered against the accused policeman following a inquiry conducted by SP, Crime, Patiala.

According to the FIR, the accuse1d, employed with the band staff, had used fake educational certificates to get employment. After a formal complaint was made, a police inquiry proved that he was guilty of forging documents. “We are yet to arrest the accused,” said the police.

Discrimination: Indian-American gets job, $295,000 in compensation in US

Washington, October 28
Six years after he was denied prison guard’s job in California as he refused to shave off his beard required by his Sikh religion, an Indian-American has finally been appointed as a correctional officer in the prison and won $295,000 in damages.
Trilochan Singh Oberoi, 63, has reached a settlement in this regard with the California Department of Corrections and Rehabilitation (CDCR) as a result of which he would start his duty as a correctional officer from November 1.
“Oberoi’s legal battle exemplifies the challenges many Sikhs face in the US in seeking private and government employment after 9/11, as widespread ignorance, prejudice and hate pose serious challenges to equal opportunity for South Asians, and particularly Sikh Americans, who are often mistaken for Middle Eastern terrorists,” said attorney Harmeet K Dhillon, who represented Oberoi.
In 2005, Oberoi applied for a position as a correctional officer with the CDCR, according to a statement issued today.
Oberoi advanced to the final stage of the application process, which involved being fit-tested with a particular model of tight-fitting respirator mask, and was told that he could not take the test unless he were to shave off his beard.
Oberoi requested that the CDCR accommodate his religiously mandated beard, but was not granted such an accommodation and was not hired by the CDCR in any capacity.
After making numerous attempts over the next year to ascertain the status of his accommodation request, in February 2007, he filed an appeal with the California State Personnel Board (SPB) concerning the CDCR’s denial of his opportunity to complete the correctional officer application because of his beard.

Faridkot honour killing: Death sentence for 4 of girl’s family

Immigration firm booked for fraud

Chandigarh, October 27
Tightening its noose around the immigration firms, which are duping people on the pretext of sending them abroad, the Chandigarh Police registered another case against a Sector 34-based immigration firm, AKME Carrier World, on the complaint of Rajnish Anand hailing from Punjab for duping him of Rs 9 lakh.

According to the police, Rajnish, a resident of Kathgarh village near Balachaur in Nawanshahr district, alleged that even after paying Rs 9 lakh to the immigration firm, neither he was sent abroad nor the firm returned his money.

The police said the complainant was promised that he would be sent abroad, however, despite repeated requests neither he was sent abroad nor his money was returned.

Policemen said at present they had come across a single complaint against the immigration firm, however, during investigation they would be tracing other customers to establish whether there are more victims of the immigration fraud.

On the basis of the complaint, an investigation has been initiated and a case under Sections 420 (forgery) and 120 (criminal conspiracy) of the IPC has been registered.

Immigration firm told to refund Rs 45,000 by Consumer Court

Chandigarh, October 27
The District Consumer Disputes Redressal Forum-I slapped a fine of Rs 15,000 on an immigration firm, Canin Worldwide Consultants Private Limited, for its failure in providing work visa within six months to a resident of Nawanshahr.

The complainant, Sarbjit Singh, said he had applied for work permit for Canada on October 23, 2009 by paying Rs 53,500 to the opposite party, which had assured that if the work visa is not arranged within six months then Rs 45,000 would be refunded, as per the clause 7 of the contract agreement entered between them. The complainant further paid US$300 as per the agreement. The complainant alleged that thereafter he approached the opposite party a number of times but it put off the matter on one pretext or the other by giving false assurances.

No one appeared on behalf of the immigration firm.

The district forum comprising of president PD Goel and members, Rajinder Singh Gill and Madanjir Kaur Sahota, observed that the opposite party has failed to arrange the work visa within the stipulated period of six months. The opposite party also failed to provide the promised services, which amounts to deficiency in service and indulgence in unfair trade practice on part of the opposite party. Otherwise also, the allegations made in the complaint have gone un-rebutted, as nobody appeared on behalf of the opposite party to contest the case. The forum also directed the immigration firm to refund Rs 45,000 to the complainant, besides Rs 2,500 as the costs of litigation failing the opposite party would be liable to pay the entire amount to the complainant, along with the interest of 12 per cent per annum from the date of filing of the complaint till realisation.

Consumer court raps Chandigarh Estate Office

Admn fined Rs 50,000 for procedural wranglings

Chandigarh, October 27
Showcasing illegality in official proceedings and causing public harassment due to procedural wrangling has been highlighted in a severe reprimand that the estate office of the UT Administration recently received at the hands of a local consumer court.

The court has since ordered the Administration to pay Rs 25,000 each to Avtar Singh and Anup Singh in a case pertaining to harassment and delay caused in transfer of a property in Sector 35 in their names.

The Administration was also asked to pay litigation costs of Rs 5,500. It was also asked to recover the amount along with interest and costs from the salary of the defaulting officials due to whose inaction the matter was delayed.

Surmukh Singh, Babbar Singh and Lakhbir Singh had obtained a no-objection certificate (NOC) from the estate office for the sale of 50 per cent of a property in Sector 35 in the name of Avtar Singh and Jagtar Singh, sons of Anup Singh. Surmukh Singh, who was in the Army, was asked to cancel his leave and return to duty and the sale deed could not be executed. He executed a power of attorney with the sub-registrar who registered the sale deed in the name of the buyers.

Later, Avtar Singh applied for transfer of property in his name, which the estate office kept pending. The complainant was asked to submit Rs 12,000, which he did. Even then, the matter was not disposed of. The estate office took the position that the sellers had not informed it that they were selling the house through general power of attorney (GPA) and that the estate office had not been supplied a copy of the rectified sale deed.

After going through details of the case, the court said: “The approach of the estate office in this regard was not only unjustified but also illegal.” It had not been able to cite any law under which it was required to be informed by the complainant or the owner about the execution of a power of attorney. And the orders issued by the authorities were not binding, it stated.

The order read: “It is desired that such like office orders pertaining to the rights of the general public should be examined by the estate office in light of the law of the land before issuing the same. We have no hesitation in concluding that the owner of the property has a right to execute the GPA for the transfer of ownership rights in favour of the person an owner likes.”

Most NRIs duped of property, cash by their own near and dear ones

Jalandhar, October 24
Usurping of their valuable property, be it land or plush homes or misuse of money by none other but their own near and dear ones back home are the major sources of tension for the NRIs staying in different parts of the world.
More than 80 per cent of NRIs remain disturbed because their lands have been usurped as has the money sent by them for some good cause like building of a new house or purchase of a new piece of land. There is hardly any solution in sight for them because either they have to enter into a compromise with wily relatives for local pressures or they have to make rounds of courts for years together which, was hardly any viable option for most of them.
“Hundreds of NRIs are grappling with problems related to forcible occupation of their lands back home by their own relatives and near and dear ones. In most cases, the NRIs send money to their relatives for building of new homes with a hope that they might be able to come and enjoy a brief stay in the comfort of their own homes but this dream rarely turns into a reality for them. In most cases, the money sent by NRIs to their families back home is usurped by their own brothers or sisters. Discord within the family is the biggest factor that has been depriving NRIs of their sleep,” said Khushi Ram, a former IAS officer and the Executive Director the NRI Sabha, Punjab which. About 16000 members are registered with the NRI Sabha, an NGO which enjoys the patronage of the Punjab Chief Minister and was headed by the Jalandhar Divisional Commissioner Anurag Verma as its Chairman.
Since, most NRIs hail from the Doaba region of Punjab, the complaints or cases are mostly related to NRIs belonging to Jalandhar, Hoshiarpur, Nawanshahr and Kapurthala districts.
The Sabha, according to Khushi Ram, has been able to solve as many as 401 cases out of a total of 556 cases instituted between January and September. Most of the cases or complaints were solved by way of compromise. “In fact, NRIs are not aware of whom to approach in case of a difficulty. They should contact the sabha via e-mail or telephonically. We keep following their complaints till they are disposed off,” said Khushi Ram. He said contrary to the common perception, the NRI police stations were also doing a good job by mediating and bringing about a compromise between the aggrieved parties.
Despite having no executive powers, the Sabha, Khsuhi Ram claimed, was able to solve 80 per cent of problems of NRIs by way of compromise between the warring parties. “The response of the NRIs has been tremendous of late. They have started trusting the Sabha for even smaller matters,” said Khushi Ram.

Illegal detention: A$600k relief likely for Indian student

Melbourne, October 24
An Indian student, who was detained in 2004 by Australian immigration authorities for violating visa rules, is likely to get a whopping compensation of 600,000 Australian dollars after the country’s human rights body termed his detention as ‘arbitrary’.
Prashant Cherkupalli (31) was detained in late 2004 by Australia’s Department of Immigration and Citizenship for working at a bakery in Western Sydney despite having “no work” condition on his visa.
Cherkupalli, a student of engineering, had spent nearly 18 months in southwestern Sydney's Villawood Immigration Detention Centre before he was released in April 2006. Since then he has been living on bridging visas there. He had lodged a case with the Australian Human Rights Commission, which released its findings earlier this month.
Cherkupalli’s lawyer Tom Mithieux said his detention was found by the Human Rights Commission to be an arbitrary detention and breached the Migration Act. The commission subsequently made recommendations in relation to compensation and also on an apology among others.
Human Rights Commissioner Catherine Branson found that Cherkupalli should be paid 597,000 dollars in compensation for the 509 days he was illegally detained.
“The commission also found Cherkupalli should be paid nearly 600,000 Australian dollars in compensation. It takes into account general damages, which is generally looking at the hurt and humiliation I suppose of being arbitrarily detained for that period of time. There is also some scope for past economic loss,” Mithieux said.
“I came to Australia to get a job and get a permit and to settle down, but things have gone wrong for me and I ended up in detention, where I should not end up,” Cherkupalli was quoted as saying by ABC news.
“It’s not easy, counting every day to get out from there and back on the studies and back on the job,” Cherkupalli said.
The commission’s recommendations, however, are not binding on the Federal Government and Cherkupalli still faces deportation.
Mithieux said Cherkupalli should instead be granted permanent residency by Immigration Minister Chris Bowen.
“There have been requests for ministerial intervention in the past. They have been rejected,” he said.
However, in light of these findings, the minister has again been called to intervene and to put Cherkupalli in a position that he would have been but for this period of detention, which really means giving him permanent residency.
The Immigration Department says it will respond to the commission’s report by the end of the week. Cherkupalli’s lawyers have also lodged a claim for unlawful imprisonment in the New South Wales Supreme Court.

Visa Hassle

Prashant Cherkupalli was detained in late 2004 by Australia's Department of Immigration and Citizenship for working at a bakery in Sydney despite having "no work" condition on his visa.
Cherkupalli, an engineering student, spent nearly 18 months in southwestern Sydney's Villawood Immigration Detention Centre before he was released in April 2006.
He lodged a case with the Australian Human Rights Commission, which termed his detention as arbitrary and said he should be paid nearly 600,000 AUD in compensation.

Kanimozhi stays in jail, Amar gets bail

Court reserves Kanimozhi bail plea order till Nov 3

No bail for Yeddyurappa as well BJP's first Chief Minister in the south, BS Yeddyurappa also prepared to spend a lonely Diwali behind bars with the Karnataka High Court adjourning his bail hearing on Monday on grounds that the arguments were inconclusive.

New Delhi, October 24
DMK MP Kanimozhi and six other accused in the 2G Spectrum allocation scam will have to stay behind bars on Diwali as a Central Bureau of Investigation (CBI) court here today reserved orders on their bail pleas till November 3.
However, as the CBI told the trial court that it did not have any objection to letting Kanimozhi out, the prospects of the Rajya Sabha MP getting bail next week have brightened.
Daughter of former Tamil Nadu Chief Minister and DMK supremo K Karunanidhi, Kanimozhi has been lodged in the Tihar Jail since May 20.
Arguing before Special CBI Judge OP Saini, the CBI also did not oppose the bail pleas of Sharmad Kumar (MD of Kalaignar TV), Asif Balwa and Rajiv Agarwal (Directors of Kusegaon Fruits and Vegetables) and Karim Morani (Bollywood producer).
The trial court will deliver its verdict on the bail pleas on November 3.
“Of course, bail should be granted to them subject to the discretion of the court” by imposing restrictions on them, if necessary, for ensuring their presence during the trial, Special Public Prosecutor UU Lalit said.
Balwa, Agarwal and Morani allegedly served as conduits for the investment of Rs 206 crore in Kalaignar TV by Shahid Balwa, promoter of Swan Telecom that reportedly benefited from the scam. Kanimozhi is a director of the television company, named after Karunanidhi, who is fondly called by his political followers as “Kalaignar”, a Tamil word meaning scholar.
However, the CBI opposed the bail pleas of Shahid Balwa and RK Chandolia, who was private secretary to A Raja, the then Telecom Minister who is the prime accused in the case. On October 22, the trial court framed charges against all 17 accused in the case.
Explaining the logic behind supporting the bail pleas of Kanimozhi and four others, the CBI said the gravity of their offence was less than that of Shahid Balwa and Chandolia. If convicted, Kanimozhi and the four faced a maximum punishment of five years, while the other two would be sentenced to a longer period, Lalit argued.
Arguing for Kanimozhi and Kumar, senior advocate Altaf Ahmed said the Supreme Court had clarified on June 22 that his clients would be free to seek bail afresh after the framing of charges.
The other accused have sought bail on various grounds — health, proposed marriage of daughters and the social stigma associated with being behind the bars for a long duration.

Parking contractor fined Rs 20,000

Chandigarh, October 24
The District Consumer Disputes Redressal Forum-II has imposed a fine of Rs 20,000 on a parking contractor of Sector 8, Chandigarh. The forum comprising president Lakshman Sharma and member Jaswinder Singh Sidhu also directed the respondent, Sanjeev Kumar, to pay Rs 7,000 as litigation costs.
The complainant, Shashi Kant Wadhawan, a resident of Sector 10, averred that he had parked his car in the parking lot of Sector 8, Chandigarh. On return, he found his car missing. The parking lot attendants refused to divulge any information or help him out. Ultimately, he reported the matter to the police and an FIR was lodged at the Sector 3 police station. He said though the insured declared value of the car was paid to him by the insurance company, he did not get money for wheel alloys, car stereo, central locking and gear lock.
Counsel for the parking contractor denied all allegations and pleaded that no document had been placed before the forum to prove that the complainant had ever visited the tennis ground in Sector 10. He said there was no mention of wheel alloys, stereo or tennis kit in the FIR. The forum observed that the complainant had failed to prove that the accessories of the vehicle were affixed with the car and the tennis kit was lying in the car. Therefore, he would not be compensated for these articles.

Hijacker of Indian plane wins battle for passport

Chandigarh, October 24
“Hijacker” Davinder Singh has won the legal battle for passport against the Centre. Clearing the decks for the release of his passport, the Punjab and Haryana High Court has observed no case was pending against him now. The directions came after the State of Punjab, in its reply, said although the petitioner had been convicted in a heinous crime and for an anti-national activity, he has not indulged in any adverse activity subsequent to his release.
Allowing Davinder Singh’s petition against the Union of India and other respondents, Justice K. Kannan asserted: “The petitioner shall, therefore, be favourably considered and the competent authority amongst respondents is directed to issue a passport in accordance with law.
Davinder Singh was one of the hijackers, who had taken an Indian plane to Pakistan during the days of militancy. The aircraft was, in fact, hijacked after Operation Bluestar. Settled in Chandigarh, Davinder Singh has already been released from prison.
Taking up the petition, Justice Kannan asserted: “The application for passport filed by the petitioner was rejected on January 4, 1999, under the provisions of the Passport Act.
“The Government had also in appeal rejected his passport application by its orders dated January 29, 2004. The petition is filed on the ground that after the conviction was rendered under the provisions of Anti-Hijacking Act of 1982, read with the provisions of the Indian Penal Code, where the petitioner had been serving a life imprisonment, the Supreme Court commuted his life sentence for the period of service already undergone and he was ordered to be released on October 3, 1996.
Justice Kannan added: “According to the petitioner, there is no particular impediment against the issuance of passport especially when more than five years have expired since the order of release and there is no bar under any of the provisions of the Passport Act from issuing the passport”.
Justice Kannan concluded: “As of now, there is nothing adverse against the petitioner.Admittedly, there is no case pending now. The writ petition is allowed.

Woman, son booked for duping youth of Rs 6.5 lakh

Moga, October 24
The police has registered a criminal case of fraud against a woman and her son for allegedly duping a youth of Rs 6.5 lakh on the pretext of sending him to Greece for a job.
In his complaint, Baljinder Singh of Badhni Kalan village of the district alleged that the woman, Amarjeet Kaur, and her son, Lakhwinder Singh, residents of Malerkotla town, took the amount from him last year.
However, even after a year of taking the money, they could neither fulfill the promise of sending him abroad nor did they return back the money, he alleged.
After verifying the facts, the police conducted an inquiry into the allegations and prima facie found the woman and her son took the money from the complainant, after which a criminal case under Sections 420 and 406 of the Indian Penal Code was registered against them. However, they were yet to be arrested by the police.

Facebook ownership lawsuit: Another lawyer leaves

SAN FRANCISCO: The New York man claiming half of Facebook Inc founder Mark Zuckerberg's lucrative stake in the world's largest social networking company is replacing his main lawyer for a third time, a court filing showed.

Paul Ceglia, the plaintiff, asked US Magistrate Judge Leslie Foschio in Buffalo, New York to delay his case for three weeks after allowing his lead lawyer, Jeffrey Lake, to withdraw from the case.

According to the Monday evening filing, Lake said Ceglia is in the "final stages" of obtaining a new lawyer, and is in talks with "several" lawyers who are "diligently coming up to speed with the facts and proceedings" to represent him.

Paul Argentieri, another lawyer for Ceglia, will remain on the case, Monday's filing showed. Lake did not give a reason for his withdrawal.

A call to Lake's office in San Diego was not answered, and Lake did not immediately respond to an email request for comment. Argentieri did not immediately return a call seeking comment. Facebook declined to comment.

The filing marks the latest twist in a year-old case over the authenticity of a 2003 contract under which Ceglia said he hired Zuckerberg, then a Harvard University freshman, for multiple projects, one of which eventually became Facebook.

The company calls that contract a forgery, and said an "authentic" contract found on Ceglia's computer does not concern Facebook.

Lake withdrew after Facebook asked Foschio to punish Ceglia and his lawyers for their failure to turn over email accounts and passwords, as the judge had directed in an August 18 order.

In an October 7 court filing, Lake had written that he had told Ceglia about the order, but that "Mr. Ceglia instructed me not to comply with this provision" and to raise the issue before a different judge.

A week later, Facebook said Ceglia's lawyers had a duty to resist their client's alleged effort to break the law, and might have violated state ethics rules by revealing what he said in an effort to protect themselves.

"If they fail to persuade their client to change direction, their proper course is to withdraw," Facebook lawyers wrote.

Lake had in June replaced the law firm DLA Piper as Ceglia's counsel. That firm previously replaced a different lawyer.

Earlier on Monday, Foschio had scheduled a November 2 hearing to consider whether to force Ceglia to comply with his August 18 order, which also gave Facebook access to computers and files and required Ceglia to describe the content of missing materials. That timetable is now in doubt.

Facebook is based in Palo Alto, California, and may be worth $68.2 billion, according to SharesPost Inc, which tracks valuations of private companies.

Many analysts expect Facebook to conduct an initial public offering as soon as next year. Zuckerberg is worth $17.5 billion, Forbes magazine said last month.

Ceglia is a wood pellet salesman from Wellsville, New York, and now reported to be living inIreland.

The case is Ceglia v. Zuckerberg et al, US District Court, Western District of New York, No 10-00569.

Insurance company told to pay Rs 5 lakh

Fatehgarh Sahib, October 16
The District Consumer Disputes Redressal Forum has directed the Life Insurance Corporation zonal office to pay Rs 5 lakh to the complainant along with Rs 5,000 as costs of litigation.
The forum comprising Sashi Prabha Aggarwal, president, Sher Singh Sidhu and Veena Chahal, members, stated that complainant Pawan Kumar, a resident of Manela village, had got his minor son Udesh insured with the LIC on August 4, 2010, vide policy number 153840846 for a sum of Rs 5 lakh and deposited Rs 15,494/ vide receipt number 2107482 dated August 4, 2010, as per terms and conditions, the amount was to be realised either on the date of maturity of the policy or on the death of the person insured, which ever occurred earlier. Unfortunately, the son of the complainant died on August 7, 2010, and the complainant requested the LIC to release the amount, but they kept putting off the matter.
The LIC in its reply stated that the policy was issued under table 75 to 20. The date of issuance was August 4, 2010, and date of maturity was August 4, 2030. The policy holder was minor. The LIC said on August 6,2010, his father gave an application that the terms and conditions were not acceptable, so the policy was cancelled and premium was refunded through cheque number 119118 dated August 30, 2010, as such the policy had been cancelled.
The court said the documents placed on record showed that the opposite party had written the letter to cancel the policy instead of giving the claim to the complainant. “The affidavit of the complainant shows that he has not written the letter and he has not received the premium from the opposite party. It shows deficiency in service on the part of opposite party as the complainant has purchased the policy on August 4, 2010, and his son expired on August 7, 2010, therefore the LIC is liable to pay the policy amount of Rs 5 lakh to the complainant,” the forum observed.

Housewife sends rivals obscene MMS clips, held

MUMBAI: The Mumbai cyber police arrested a 37-year-old Malad housewife for sending obscene and threatening MMS clips to two members of her housing society with whom she had some disagreements. Accused Nita Ashley D'Mello has been charged under the Information Technology Act and has been remanded in police custody till October 15.

The cyber police have launched a hunt for Nita's friend Mahesh Biyani, who had approached the Bombay high court seeking anticipatory bail. Sources said the court had directed cyber cell cops to give Biyani 72 hours' notice before arresting him.

The police said the complaint was filed by Awril Serav and Gajanand Bhardwaj, residents of Bhoomi Park on Marve Road. In May, Serav and Bhardwaj had approached the police as they were receiving obscene clips and threatening SMSes from some number and through internet services. The case was transferred to the cyber police, who realized that the messages were sent via bulk services and email accounts belonging to Advita Communication. The police traced its IP address to Ahmednagar and found that it was owned by Biyani. Investigations revealed that Biyani was in touch with D'Mello, a resident of the society where the two complainants stayed. "There was infighting among society members, and the complainants had supported the secretary, Gunjan, who had a personal grudge against Nita," an officer said.

The police believe that Nita had told Biyani to send the messages. Sources said Nita and Gunjan had a fight after the latter passed lewd comments about her hair when society members had gone for a picnic to Lonavla.

Skilled Indians may have to wait for 70 years for Green Card

WASHINGTON: Professionally qualified Indians may have to wait as long as 70 years to get their Green Card in the US, a new study has said, amid growing concerns that the current country-specific quota policy poses a major hurdle in attracting talent from countries like India and China.

"Our system for allowing employers to sponsor skilled foreign nationals for permanent residence (a green card) is plagued by inadequate quotas that result in years of waiting and frustration," the Washington-based National Foundation for American Policy (NFAP) said in a report.

An October 2011 NFAP study analysed the employment- based green card backlog and produced findings that should give pause to policymakers.

The study concluded: "A highly skilled Indian national sponsored today for an employment-based immigrant visa in the 3rd preference could wait potentially 70 years to receive a green card."

Many skilled foreign nationals from China have been waiting 6 to 7 years and can expect to wait additional years, it said.

In the EB-2 category, second employment-based preference, skilled foreign nationals from India and China may wait six years or more, the study said.

"The two factors that have caused the long waits for employment-based green cards are: the 140,000 annual quota, which is too low, and the per country limit on employment- based preference categories, which restricts the annual number of green cards for immigrants from one country to 7 per cent of the total. This, the NFAP analysis noted, means that skilled foreign nationals from India and China, who make up most of the applications, wait years longer than nationals of other countries.

A number of lawmakers, policy makers and politicians here have been demanding removing this country-specific cap on the Green Card as well as on H-1B category of visas.

"We must stop telling American companies that they cannot hire the high-skilled workers they need.

By making it difficult for them to obtain temporary and permanent visas for high-skilled workers, the federal government is slowing growth and worse, promoting the outsourcing of American jobs," New York Mayor, Michele Bloomberg, said early this year.

"Caps on green cards are set by countries, so Iceland actually gets the same number of visas as India. That may be fair to those two countries, but it's certainly not fair to American business and to Americans," Bloomberg said.

"We should end these arbitrary limits and end the cap on the high-skilled H1-B visas. Let the marketplace decide. It's basic free-market economics, and both parties ought to be able to get behind it," he had said.

Consumer Courts

Car dealer, insurance firm told to pay Rs 3.68 lakh 

Mohali, October 14
The District Consumer Disputes Redressal Forum has directed a car dealer and an insurance company to pay Rs 3.68 lakh in compensation to a Chandigarh resident for deficiency in service and unfair trade practice.
In an order, forum president BS Mehandiratta directed Harman Motors, Industrial Area, Phase VII, and United India Insurance Company Limited, Sector 35, Chandigarh, to jointly and severally reimburse to the complainant an amount of Rs 1.2 lakh with interest thereon at the rate of 9 per cent per annum from the date of receipt till the date of actual payment.
Besides, the insurance company has been directed to reimburse the total insured value of the car i.e. Rs 2.48 lakh with interest thereon at the rate of 9 per cent per annum with effect from the date of institution of the complaint till the date of actual payment.
The complainant has been told to return the car to the insurance company on the receipt of the awarded amount.
Both opposite parties have also been directed to pay Rs 3,000 each towards the costs of litigation.
In his complaint, Balwinder Singh, a resident of Sector 47, Chandigarh, had claimed that his Indica car was insured with United India Insurance Company for Rs 2.48 lakh. The car met with an accident in November last year.
The insurance company was informed about the accident and it deputed its surveyor for the assessment of loss. He inspected the car at the complainant’s residence. On his instructions, the complainant removed the vehicle to the workshop of Harman Motors for repairs and was assured that the repair would be done within 20-25 days.
However, in spite of his repeated demand, the opposite party did not deliver the estimated costs of repairs till a complaint was filed.
The complainant alleged that on inspection of the car, he found that instead of replacing its damaged shell with a new one, it was replaced with an old one.
Some parts were also replaced with old ones.
Harman Motors, however, denied the allegation of deficiency in service and unfair trade practice.
It stated that the complaint involved complicated questions which could be decided only by a civil court.
It had also pleaded that it was just an agent of the insurance company, which was to instruct it regarding action to be taken with regard to the damaged car and the extent of repairs involved and the parts required to be changed. It denied having given an assurance of delivery of the car after repairs within 20-25 days. Harman Motors further pleaded that the shell of the car was fully damaged during the accident. However, the claim for its repair was not sanctioned by the insurance company as it was not within the terms and conditions of the insurance policy. Therefore, the complainant made a request to change the shell by replacing the same with a secondhand one.
United India Insurance, in its statement, pleaded that the complaint against it was without cause of action, there was no deficiency in service on its part and there were no allegations against it.

RK Sharma sees scope for prison reforms

 Panchkula, October 14
IPS officer RK Sharma, who was acquitted in the Shivani Bhatnagar murder case by the Delhi High Court on Wednesday, said there was a big scope for prison reforms in the country. He would pen a book based on his experiences during his imprisonment for over nine years in the Tihar Jail, he added.
Sharma, after his release from the jail, reached his home in Sector 6 last night.
“I thank God for I am back with my family, especially my wife Madhu to celebrate Karva Chauth after missing out on it for the past nine years,” he said. “I always had faith in the country’s judicial system and the court has given me my life back again.”
“I have seen a different India during my term in the jail and I am a different person now,” he said.
His wife said they would now arrange a big family get-together to celebrate Diwali later this month.

High Court dismisses CMC appeal on admission norms

Chandigarh, October 14
In yet another setback to Ludhiana-based Christian Medical College, a Division Bench of the Punjab and Haryana High Court has dismissed its appeal against the orders quashing the part of the prospectus requiring a Christian candidate to obtain a mandatory sponsorship letter as a pre-condition to admission.
Dismissing the appeal, the Division Bench of Acting Chief Justice MM Kumar and Justice Gurdev Singh ruled: “We express our agreement with the view that there cannot be micro classification within the same class.
“Once a person is proved to be a Christian by passing the Bible test and producing a baptism certificate, the proof that he belongs to the Christian community stands furnished.
“To say that he must produce a sponsorship letter from sponsoring body/church duly signed by an authorised signatory would be wholly unreasonable, unfair and capricious.”
The case has its genesis in a petition filed before a Single Judge by Joel D Masih against Baba Farid University of Health Science and other respondents.
In his petition, Joel, a candidate for admission to the MBBS course offered by the CMC in the category of “Christian Minority Punjab candidates ” had sought the quashing of clause 11(a) of the prospectus.
He had said the clause required a “Christian candidate to obtain the mandatory sponsorship letter from sponsoring bodies/churches, referred to in the prospectus ”.
Taking up the matter, Justice Rajive Bhalla had asserted: “By requiring a candidate to obtain a sponsorship letter from named churches/bodies as a pre-condition to admission, the respondents have conferred the power to render ineligible a candidate otherwise eligible and duly qualified?.
“The condition requiring a candidate to obtain a sponsorship letter, in my considered opinion, imposes an eligibility condition, that does not stand the test of fairness, is arbitrary, exploitative and, therefore, cannot form part of the eligibility criteria.”

Can’t delete vote sans prior notice

Chandigarh :The Election Commission of India (ECI) today said that being an election year, no vote shall be deleted without prior notice to the person concerned. Chief Electoral Officer Kusumjit Sidhu said today that these instructions shall remain in force till the elections to the Punjab Assembly are held. Instructions in these regard had already been issued to the Electoral Registration Officers.
She said the Electoral Registration Officers shall display the lists of names to be added /deleted on the notice board of their respective offices. The process of accepting claims, objections and updating electoral rolls would be on till October 20. For this purpose Form 6, Form 6-A, Form 7, Form 8 and Form 8-A were available with all booth-Level officers. The forms could be downloaded from the website http// www.ceopunjab.nic.in

Immigration consultants booked for fraud

Patiala, October 13
The police has registered a case pertaining to cheating against an immigration firm, Auscan Consultant India Limited, Chandigarh, following a probe by the Rajpura police that indicated large scale fund transactions from some fraudulent accounts.
A case has been registered under Sections 420, 406, 467, 468, 471 and 120-B of the IPC against Muneet Bindra, Sunil Jaggi and Prabhjot Singh. However, no arrests have been made so far.
Addressing mediapersons, Patiala SSP Gurpreet Singh Gill said Bansi Lal, a Karnal resident, had approached Sunil Jaggi, director, Auscan Consultant India Limited, to send his son Paras Gera to England for education. When Lal failed to produce sufficient funds in his account, Jaggi allegedly promised to arrange Rs 7.42 lakh in his account and took a guarantee in the form of his property documents.
Gill added that after Lal’s account was allegedly opened in Axis Bank, Rajpura, Jaggi took away cheque book from Lal and later made numerous “benami” transactions from his account in connivance with the bank officials after sending Paras abroad.
“We are also trying to get to the bank employees who helped the consultant open the bank account in Rajpura,” the SSP said.

SC lists tighter norms for property transfer

New Delhi, October 13
In a decisive move to check the generation of black money and tame the land mafia, the Supreme Court has ruled that property transfers through sale agreement (SA), general power of attorney (GPA) and will would be invalid with immediate effect, except in ‘genuine’ cases involving transactions among relatives or with builders.
“Immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance,” a Bench comprising Justices RV Raveendran, AK Patnaik and HL Gokhale held.
Directing the courts below not to treat transactions through SA/GPA/will as “completed or concluded transfers”, the Bench also asked the civic bodies such as the municipal corporation and development and revenue authorities not to effect mutation in such cases.
However, if SA/GPA/ will documents had been accepted by such authorities for the purpose of mutation before “this day” (October 11, 2011), “these need not be disturbed merely on account of this decision,” the SC clarified.
Besides effectively dealing with the problems of black money and land mafia, the invalidation of such sales would also result in better revenue generation for the government through stamp duty, minimise legal wrangles over property transactions and prevent criminalisation of civil disputes, the Bench reasoned.
The SC has clamped the conditions after assessing the views of Punjab, Haryana, Uttar Pradesh and Delhi which had been asked to file their affidavits on the issue.
“The four states have responded and confirmed that SA/GPA/will transfers require to be discouraged as they lead to a loss of revenue (stamp duty) and increase in litigations due to defective title,” the Bench pointed out.
The court noted that amendments made to the Registration Act and stamp laws by some states had plugged the loss of revenue by way of stamp duty only “to some extent. Further, such transactions which were only prevalent in Delhi and the surrounding areas have started spreading to other states also. The amendments to stamp and registration laws do not address the larger issue of generation of black money operation of the land mafia.”
The Bench acknowledged that Haryana had taken a “positive step” by reducing stamp duty on deeds of conveyance from 12.5 per cent to 5 per cent. “A high rate of stamp duty acts as a damper for execution of deeds of conveyance for full value and encourages SA/GPA/will transfers,” it pointed out.
Reducing the stamp duty on conveyance to realistic levels would encourage the public to disclose the maximum sale value and have the sale deeds registered, it said.
“We make it clear that our observations are not intended, in any way, to affect the validity of sale agreements and powers of attorney executed in genuine transactions. For example, a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance.” Further, “a person may enter into a development agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings and, in that behalf, execute an agreement of sale and grant power of attorney empowering the developer to execute agreements of sale or conveyances in regard to individual plots of land or undivided shares in the land relating to apartments in favour of prospective purchasers. Our observations regarding SA/GPA/will transactions are not intended to apply to such bona fide/genuine transactions,” the SC clarified further.

Rent Act amendment under SC scanner

Allows NRIs to take immediate possession of their property

Chandigarh, October 12
The amendment in the East Punjab Urban Rent Restriction (Amendment) Act, 2001, empowering non-resident Indians (NRIs) to take immediate possession of rented residential and non-residential property, has come under the scanner of the Supreme Court.
A Bench comprising Justice Cyriac Joseph and Justice Tirath Singh Thakar recently issued notice to the parties concerned, including the Union Government and the UT Administration, on a special leave petition (SLP) filed by the Chandigarh-based Commercial Tenants Association (CTA).
Challenging the jurisdiction of the Punjab legislature in amending the Act, the petitioners had termed it a violation of Article 14 of the Constitution.
The notification, extending the amended Act to Chandigarh, was in exercise of essential legislative functions of the executive, which was not permissible under Section 87 of the Reorganisation Act, the SLP contended.
The amendment in the Act and its extension to Chandigarh had created panic among tenants as a large number of NRI landlords who had property in Chandigarh and Punjab had shot off notices to commercial tenants for summary vacation of their property.
An amendment, 13-B, had been added after Section 13-A in the notification of the Act, which provided that NRIs could get immediate possession of their property by applying to the relevant authority.
Meanwhile, CTA president Arvind Jain appealed to aggrieved tenants from Chandigarh and Punjab to join hands for a united fight against the amendment.
On the other hand, NRIs had been claiming that tenants had been paying them peanuts by way of rent for property worth crores despite raking in big money.
There was nothing wrong in getting property vacated for personal use, NRIs had contended. Earlier, the CTA had filed a petition in the Punjab and Haryana High Court, which did not find merit in the plea and rejected it.

Botswana - Country Profile

City centre buildings in Gaborone, Botswana

Tourists swarming to see young leopard at Chobe National Park, Botswana

Indians in Botswana do not form a very large population. There are 3,000 PIOs and 6,000 NRIs in Botswana.^[


For More Info visit:
http://en.wikipedia.org/wiki/Botswana

Punjab Advocate-General Baldev Singh quits

Chandigarh, October 9
Refusing to “succumb to pressure”, Advocate-General Baldev Singh today put in his papers. He is expected to be replaced by Punjab and Haryana High Court’s senior advocate Ashok Aggarwal.
Available information suggests that Baldev Singh resigned on the question of principles regarding the issue of representing the Punjab State Electricity Board.
The board is to be represented by the Advocate-General. But for several years now it was being represented by an Additional Advocate-General.
On September 23, a notification was issued appointing Baldev Singh as senior standing counsel for the board cases, a move that did not go down well with his detractors.
Indications are that Baldev Singh was under “tremendous pressure” to hand over the cases to an Additional Advocate-General ever since the notification was issued.
It is believed that Principal Secretary to Chief Minister DS Guru’s visit to Baldev Singh’s house this afternoon preceded the resignation. Indications are that Guru had suggested that the cases be handed over to an Additional Advocate-General.
Baldev Singh is the second Advocate-General appointed by the SAD Government to have resigned on principles. On October 5, 1998, GS Grewal had resigned from the post after levelling serious allegations against the Punjab Government. Grewal had opposed the state government’s move to defend its "corrupt" and "guilty" bureaucrats on state expenses, which offended a section of the bureaucracy. A renowned criminal lawyer, Baldev Singh was reportedly recommended for elevation as a High Court Judge more than a decade ago. But he did not agree to it. During his short tenure of four months in office, Baldev Singh initiated a slew of measures to streamline the functioning of the office.
On Baldev Singh’s missive, the state govt had recently circulated instructions to all heads of departments, Divisional Commissioners and Deputy Commissioners. In a communication to the Chief Secretary, Baldev Singh had warned that the Judges “may be constrained to require personal appearances of senior officers in court”, if the “situation doesn’t improve and the depts concerned do not properly assist the law officers”.

California passes Dream Act for immigrant students

Ana Maria Archila (R) and Carly Fox, of the New York State Dream Act Task Force, hold each other during a mock graduation ceremony at the West Front of the US Capitol in Washington, DC, 2004. California governor Jerry Brown signed the California Dream Act into law Saturday, making illegal immigrants eligible for state money to attend American universities and colleges, his office said.

California governor Jerry Brown signed the California Dream Act into law Saturday, making illegal immigrants eligible for state money to attend American universities and colleges, his office said.

Under the act, illegal immigrants who have attended high school in the Golden State can receive Cal-Grant aid, which last year gave grants to more than 370,000 poor students of an average $4,500 each.

"Going to college is a dream that promises intellectual excitement and creative thinking. The Dream Act benefits us all by giving top students a chance to improve their lives and the lives of all of us," Brown said.

California officials estimate that around 2,500 students will qualify for the grants under the new state legislation, called AB 131, costing $14.5 million, Brown's office said in a statement.

The overall Cal Grant program is funded at $1.4 billion, meaning that only 1 percent of all the program's money will be potentially impacted by AB 131 when the law goes into effect, it said.

Brown, a veteran Democrat, took office in January, succeeding Republican actor turned politician Arnold Schwarzenegger, who had vetoed the legislation.

The passage of the law in liberal California, which has a massive immigrant population, could be seen as a signal to lawmakers in Washington, over the controversial Development, Relief and Education for Alien Minors (DREAM) Act.

The federal DREAM Act would give a six-year resident's permit to high school graduates who came to America illegally, and let them pay the much cheaper residents' tuition rates or obtain a scholarship to attend a US university.

It would affect 55,000 immigrant children brought to the United States illegally by their parents who have been through the public school system only to find college off-limits because of their legal status and high tuition fees.

Backers of the DREAM Act say the United States should encourage youths to pursue higher education as a key to their own and the nation's economic success.

But opponents say it would send a message to migrants that it was acceptable to come to the United States illegally, and should not be passed without a thorough reform of American immigration rules.

California allows college aid to illegal immigrants

SACRAMENTO (Reuters) - California Governor Jerry Brown on Saturday signed a bill giving illegal immigrant college students access to state-funded financial aid, the second half of two-part legislation known as the "Dream Act."

The controversial measure, which passed the Democrat-controlled legislature on a party-line vote in September, represents a victory for immigrant-rights activists ahead of the 2012 presidential election. California is the nation's most populous state.

Only two other states, Texas and New Mexico, allow illegal immigrants to qualify for state financial aid for college, according to the National Conference of State Legislatures.

"Going to college is a dream that promises intellectual excitement and creative thinking," Brown said in a written statement issued by his office.

"The Dream Act benefits us all by giving top students a chance to improve their lives and the lives of all of us," he said.

Brown in July fulfilled a campaign promise by signing into law a companion bill to allow illegal immigrants to receive privately-funded college scholarships. Together the two bills have been dubbed the "California Dream Act."

A federal Dream Act that would have created a pathway to citizenship for illegal immigrants who attend college or serve in the military failed in Senate last year.

Opponents of the California Dream Act have argued that public funds should not be used to help illegal immigrants, especially as California faces deep budget woes that have prompted cuts in education and higher tuitions at the state's public colleges and universities.

"Citizens are having a hard enough time getting the classes they need now," Assemblyman Tim Donnelly, a Hesperia Republican, wrote in a September 9 letter to Brown urging him to veto the legislation.

"(California already offers) students in the country illegally in-state tuition; legally documented students from the next state over can only dream of such a benefit," Donnelly said.

California is one of about a dozen states that allows illegal immigrants to pay in-state tuition, based on attendance and graduation from a state high school.

Under the new law, written by Senator Gil Cedillo, a Los Angeles Democrat, those same illegal immigrants would be eligible for aid from the University of California, California State university system and the state's 112 community colleges.

They could also apply for Cal Grants, which are cash awards based on academic performance.

For the 2007-2008 academic year, the University of California reports that less than three-tenths of one percent of the system's 220,000 students were immigrants who qualified for in-state tuition.

More than 68 percent of those 1,941 students were U.S. citizens or "documented" immigrants, according to the University of California.

At the state universities, the new law would affect 3,633 students, or less than one percent of the 440,000 students enrolled in the current school year.

Of the nearly 2.9 million community college enrollees, 34,057 would be affected

Alberta farmer who shot thief will go to jail

A central Alberta farmer who shot a man stealing his ATV more than two years ago will serve 90 days in jail.

Brian Knight learned his sentence in a Red Deer courtroom Friday after pleading guilty to criminal negligence in January.

Knight chased and used a shot gun to fire at a man who was stealing Knight's ATV from his farm near Tees, Alta.

In the early morning of March 26, 2009, Knight found three men in his farmyard.

He jumped out of bed and gave chase clad in boxer shorts and rubber boots to a man riding Knight's all-terrain vehicle.

Knight rammed the ATV with his car and, when the man abondoned the machine and began running, Knight pulled out a shotgun, firing two rounds at him, police said.

The man was eventually caught after Knight called friends and relatives to help in the search, police said.

The Crown recommended Knight be sent to jail for 90 days to be served intermittently.

The prosecutor told the judge the shooting was a vigilante act and the court must send a message that behavior of this sort is wrong.

However Knight's lawyer argued the shooting was not a vigilante act, but a spontaneous reaction.

Knight did not shoot to the man to kill or hurt him, but merely wanted to scare him, his lawyer said.

Court sets riders on NRI divorces

NEW DELHI: A trial court has held that adivorce decree granted by a foreign court to anNRI is invalid in case the woman does not have the means to go to that country to plead her case and if she had not subjected herself to the jurisdiction of that court.

"The apex court has opined that where the foreign judgment is in defiance of the Indian Law, it could not be said to be conclusive... in the matter adjudicated and would be unenforceable," in this country," it said, adding the woman's objections raised by the woman fell within the purview of the exceptions of Section 13 Civil Procedure Code (when 'foreign judgment not conclusive'.

The court gave the ruling in a case where a UK-based NRI divorced his wife there though his wife had returned to India and not "submitted to the jurisdiction of a foreign court". The woman has sought divorce here on grounds of cruelty. The court said that the decree of divorce granted by the court could not be recognized.

"The fact that the petitioner has been residing in India since December 2009 and did not have the wherewithal to contest the proceedings on merit in the court in UK not only created an imbalance and an inequitable situation but clearly points out that she had not submitted to the jurisdiction of that court," Additional District judge Ina Malhotra said.

The woman (petitioner) had moved the trial court seeking divorce on the grounds of cruelty. Her husband, however, submitted that their marriage had already been dissolved by a court in UK and had attained finality. Hence, making a application infructuous. Also, since both the parties were a resident of UK, the decree was valid.

Her counsel Prashant Mendiratta argued that since the lady had never subjected herself to the jurisdiction of the UK Court adjudicating on the divorce, the decree passed by the UK Court would not bind the lady. Citing various judgments by Supreme court on the issue, Mendiratta said that in any case the proper law for dissolution of a marriage solemnized by Hindu rites and ceremonies between two Hindus would be the personal law of the parties, which is the Hindu Marriage Act, 1955-an act not applicable in UK.

After going through the contentions of both the parties, the court held that the objections raised by the woman fell within the purview of the exceptions of Section 13 Civil Procedure Code (when foreign judgment not conclusive), rendering the foreign decree a nullity. "I find that apex court has clearly opined that where the foreign judgment is in defiance of the Indian Law, it could not be said to be conclusive in the matter adjudicated and would be unenforceable in this country," it said.

The court also said even the fact that the petitioner (woman) was a resident of UK before and after marriage cannot vest the foreign court with the jurisdiction to adjudicate the matter as she had returned to India for good and not on a fleeting visit "prior to initiation of divorce proceedings" in UK.

13 PIOs among 111 charged in biggest identity theft in US

NEW YORK: In the biggest identity theft scam in the US history, 111 people, including at least 13 of Indian origin, have been charged by federal authorities for stealing credit card data of thousands of customers to buy high-end products worth over $13 million, including Apple gadgets and fancy bags from Gucci.

Among those indicted in 'Operation Swiper' are bank tellers, store employees and restaurant workers who allegedly skimmed customers' personal IDs. Many of the defendants are accused of going on nationwide shopping sprees, staying at five-star hotels, renting luxury automobiles and private jets with forged credit cards that contained the account information of unsuspecting American and European consumers.

The defendants are members of five organized forged credit card and identity theft rings based in Queens County and have ties to Europe, Asia, Africa and the Middle East. Charged in 10 indictments, the defendants perpetrated fraud that cost financial institutions and retail businesses more than $13 million in losses over 16 months. The indictments charge that Imran Khan, Ali Khweiss, Anthony Martin, Sanjay Deowsarran and Amar Singh were "bosses" of criminal enterprises and received the necessary raw material - lists of credit card account numbers and various blank credit cards. Among the Indian-origin people charged are Vishnu Harilal, Ravindra Singh, Amar Singh, Neha Punjabi Singh, Ravi Ramroop and Kamal Sanasi. Eighty-six of the defendants are in custody and 25 are being sought.

In addition, nearly 24 defendants are variously charged in six indictments with burglaries and robberies throughout Queens County. "This is by far the largest and certainly among the most sophisticated identity theft/credit card fraud cases that law enforcement has come across," Queens district attorney Richard Brown said. Brown said credit card fraud and identity theft are two of the fastest growing crimes in the US, afflicting millions of victims and costing billions of dollars in losses to businesses.

According to the indictments, between May 2010 and September 2011 counterfeit cards were given to teams of "shoppers" who were sent out on shopping expeditions in New York, Florida, Massachusetts, Los Angeles. They bought Apple iPads, iPhones, computers, watches and fancy handbags from Gucci, Louis Vuitton, Rolexe and Breitling. The groups would %then resell the merchandise oversees to locations in China, Europe and the Middle East. pti They are also alleged to have used forged credit cards to rent such luxurious automobiles as Lamborghinis and Porsches.

The investigation involved intelligence gathering and electronic eavesdropping on dozens of different telephones in which thousands of conversations in Russian, Mandarin and Arabic were intercepted.

Brown said as part of the investigation, search warrants were executed earlier this week at 15 locations throughout New York City and Long Island.

Among the items allegedly recovered were approximately USD 650,000 in cash, seven handguns, computers, card readers, embossers, blank credit cards and fake identifications.