Professional & Knowledgable Law Team

Tuesday, December 13, 2011

Six names cleared for elevation to HC Bench


Chandigarh, December 12
Six judicial officers are to be elevated as Punjab and Haryana High Court Judges. It is believed that the file containing the names of the Judges has reached the Chief Minister’s office for approval. Once through, it will be sent to the Governor before being placed before the Supreme Court collegium for consideration.
Reeling under the burden of pendency due to a severe shortage of judges, the Punjab and Haryana High Court collegium cleared their names for elevation. Four District and Sessions Judges are from Punjab and the remaining from Haryana.
Available information suggests the names cleared by the High Court collegium are SP Bangar (Ludhiana), RP Nagrath (High Court Registrar-General), Rehka Mittal (Punjab Legal Remembrancer) and Inderjit Singh Walia (Jalandhar).
The Haryana Judges, whose names have been cleared, are Bharat Bhushan Parsoon and RC Godara.
The Judges, who could not make it to the top, are Varinder Kumar and KK Garg, both from Punjab. Indications are that Kumar’s name was dropped from the list on medical grounds.
The development is significant as the High Court, as of now, has just 45 Judges, against the sanctioned strength of 68. The number is expected to fall further with the impending transfer of Justice Mohinder Pal. The possibility of more transfers from the High Court are, as of now, not being ruled out.
The names of three more advocates were cleared for elevation by the High Court collegium earlier this year, but these failed to find favour with the apex court.
The result of shortage of Judges is there for all to see. Currently, the High Court has approximately two lakh pending cases.

Banur is sub-tehsil

Covers 32 villages, is under Mohali subdivision

Banur, December 12
A long-pending demand of Banur residents for a sub-tehsil covering 32 villages was met today. Prithpal Singh, who was naib tehsildar at Mohali, was given charge as naib tehsildar at Banur.
The 32 villages, that earlier formed a part of the Rajpura subdivision in Patiala district, had been transferred to Mohali district past year on the demand of residents of the area, who faced problems in commuting to the district and subdivisional headquarters.
Of these 32 villages, 18 were under the Dera Bassi subdivision and 14 under the Mohali subdivision, but now, all these were brought under the Mohali subdivision, that would control the sub-tehsil.
Local MLA Raj Khurana conducted the formal inauguration at the market committee office here. Mohali SDM Amit Talwar was also present on the occasion.

CONSUMER COURTS

ICICI Bank fined Rs 50,000

Chandigarh, December 12
The District Consumer Disputes Redressal Forum-I has slapped a fine of Rs 50,000 on ICICI Bank for illegally raising foreclosure charges, prepayment charges of Rs 5,00,825 from a resident of Sector 11, who foreclosed the loan in view of the higher rate of interest.
The district forum-I comprising president PD Goel and members, Rajinder Singh Gill and Madanjit Kaur Sahota, also directed the respondents to pay Rs 25,000 as costs of litigation to complainants.
The complainants, Yash Paul Singla and others, submitted that in August 2007, they availed a loan of Rs 1.70 crore from the opposite party against a shop-cum-office in Sector 26, Chandigarh, at an interest of 13.5 per cent per annum and paid Rs 95,506 as processing fee. A total of Rs 75 lakh were disbursed in September 2007, while the balance was disbursed in June 2008 due to which the installment was increased from Rs 1,38,487 to Rs 3,22,078 per month.
They alleged that the opposite party without their consent enhanced the rate of interest from 13.5 per cent to 14.5 per cent per annum on July 8, 2008, which was again increased to 15 per cent. It has been averred that on their persistent requests, the opposite parties decreased the rate of interest by 0.5 per cent in January 2009 and 0.25 per cent in August, 2009. They said the opposite parties were now charging 14.25 per cent per annum, whereas other financial institutions are charging 12 to 13 per cent interest. Ultimately, they decided to foreclose the loan and the opposite party charged prepayment penalty of Rs 5,00,825 on the principal outstanding amount, which is illegal and arbitrary and the same was not refunded to them despite their repeated requests and visits.

Kenney aims to reshape and rejuvenate workforce through immigration


OTTAWA - Immigration Minister Jason Kenney has plans to reshape and rejuvenate the Canadian workforce.
Step one comes this week when he announces immigration targets for next year.
The minister tells The Canadian Press that wants a snappy, efficient immigration machine that will help solve Canada's demographic imbalance, while boosting the country's competitiveness.
After that, he wants to grapple with the backlog of applications, which is now about a million names long.
And then he wants to rejig the criteria for skilled workers to come into the country, putting priority on young people, high quality education and language.
Kenney's critics say the minister is frantically trying to make up for his own failed policy decisions of the past, and that he should stop and think before rushing through so many profound changes.

Edmonton to study possible electronic voting in 2013 election

EDMONTON - The city is looking at the possibility of electronic voting in the next Edmonton civic election.

E-voting, which can mean casting ballots through the Internet or over the telephone, has been tried over the last decade in other parts of Canada and several European countries.

Staff expect to come up with proposals by next fall on potential options, including electronic ballots and touch screens, to properly prepare for any e-voting in the 2013 election.

While they will discuss what can be achieved, costs and how the system could work, a report to be discussed by city council Wednesday says developing and testing Internet voting would take too long to be ready for the next campaign.

But Coun. Tony Caterina would like to further explore the potential for e-voting.

“I think it’s a great idea,” he said Sunday. “I think the generation that e-voting would appeal to is that younger demographic, and traditionally they’re the lowest voter turnout.”

More legally binding municipal elections have taken place in Canada using e-voting options than anywhere else in the world, the report says.

They’ve been held successfully in more than 30 Ontario municipalities and four Nova Scotia municipalities.

The report touts increased voter turnout as one potential benefit of Internet voting, pointing to places such as Estonia, where the practice began with municipal elections in 2005 and expanded to parliamentary elections two years later.

Voter turnout rose after it was introduced, although an Elections Canada workshop was told last year it’s not clear whether e-voting increases overall turnout or youth participation in particular.

“The more we can encourage people to vote, the better,” Coun. Kim Krushell said. “I don’t have a problem with electronic voting, if that’s what it demonstrates.”

She’s generally positive about the idea, but concerned about the expense. Estimates based on figures in the report indicate e-voting could more than quadruple Edmonton’s election cost to $7.9 million.

There have been problems in other countries. The U.K. introduced test programs in 2002 involving voting via telephone, the Internet, text message and even digital television, but pulled the plug in 2007 amid security concerns and little change in voter turnout.

The Netherlands planned to allow Internet voting in parliamentary elections in 2006, but aborted the scheme after a group hacked the system on live television. The Dutch Council of Ministers banned electronic voting in 2008.

Brad Haines, a self-identified Edmonton hacker who makes his living through digital security consulting, worries about the risks of online voting.

“You’re basically hoping that you get it right the first time and the democratic process isn’t completely upended.” Computer glitches and malicious hacking are equal threats, Haines said.

“You can think about a scenario where you introduce just enough doubt into an election that should it not go your way, you can complain to get the election result thrown out and get an effective do-over. That’s not the way the democratic process is supposed to be. You can’t keep doing mulligans.”

Caterina also wants to be sure any security issues are addressed.

“We have to make sure that it cannot be manipulated in the technology part of it,” he said. “That would be my only concern. If the technology is infallible, that would be terrific.”

Coun. Ben Henderson is enthusiastic about the concept of online voting, but insists it must maintain faith in the election process.

“For a voting system to work, it has to be one that everybody will trust and believe,” he said. “But anything that can make it easier or more attractive for people to vote, I think, is to be encouraged.”

Turnout in Edmonton’s 2010 election was 33 per cent, up from 27 per cent in 2007 but still below the 41-per-cent mark set in 2004.

“The major advantage of online voting is the convenience,” Henderson said. “Somehow or other, we need to be able to achieve the convenience without undermining the validity of the voting system.”

Municipal politics could serve as a comparatively low-stakes trial for online voting before it expands to provincial and federal elections, he said.

“You just don’t hear about the kind of shenanigans that you sometimes hear about in other places.”

The city councillors said online voting in one form or another probably lies in Edmonton’s future.

“I think this is something that will definitely be inevitable,” Caterina said. “The timing, nobody knows for sure at this point, but I think that all three levels of government are probably looking at this.”

SC: House allotment price can’t be hiked after 7 yrs


New Delhi, December 12
The Haryana Housing Board cannot ask the beneficiaries to pay any additional cost seven years after allotting the houses, even if the Board has to shell out higher compensation to the landowners at a later stage for acquiring the land, the Supreme Court ruled today.
The rationale for the seven-year deadline “was that once the allottee pays the total price, he may not be subjected to the burden of additional cost after a number of years,” a Bench comprising Justices GS Singhvi and SJ Mukhopadhaya held in a verdict.
The apex court gave the ruling while allowing the appeals filed by some of those who had been allotted houses at Sonepat in 1978 under the schemes meant for economically weaker sections (EWS), lower income group (LIG) and middle income group (MIG).
The allottees had challenged the Board’s additional demand raised against them 10 years after the allotments. The Punjab and Haryana High Court had rejected their pleas at the level of the single judge as well as the Division Bench, prompting them to approach the Supreme Court.
The Bench accepted the contentions of the Board and the Haryana Government that the allotment letters as well as the Hire Purchase Tenancy Agreement (HPTA) had made it clear that the price of the tenement specified at the time of allotment was subject to revision in the light of the final bills representing the cost of construction or the land.
However, it was the Board which had “consciously incorporated” in the Hire Purchase Tenancy Agreement a prohibition against change in the price after seven years from the date of allotment of tenements, the Bench pointed out.
After including the seven-year deadline, “there is no reason why it should not be asked to honour the commitment made to the allottees that they will not live under the fear of being asked to pay additional price after an indefinite period,” the Bench reasoned.
Unfortunately, the high court did not give due weightage to the prohibition clause, the apex court noted. The wordings of the price regulations made it clear that the “Board had kept in view all the eventualities which could lead to an increase in the cost of land made available for construction of the tenements and yet it thought proper to put an embargo against the revision of price after seven years”.
“In the result, the appeals are allowed ...and the demand notices issued by Estate Manager, Sonepat, quashed,” the SC ruled.

MINORITIES IN PAK

RS members express concern

New Delhi, December 12
Rajya Sabha (
Council of States is the upper house of the Parliament of India.)members today expressed concern over fear and insecurity under which minorities, particularly Hindus and Sikhs, lived in Pakistan. Cutting across party lines, they asked the government to take up the issue with Islamabad with some even wanting India to take up the issue at an international forum like the UN.
Worry over atrocities on minorities in Pakistan and killings of some Hindus recently, raised during Zero Hour by Avinash Rai Khanna (BJP), not just found unequivocal support from his party colleagues, but also MS Gill of the Congress. Gill urged the government to take up the issue seriously. Khanna was in fact supported by members from all political parties, associating themselves with the issue.
Khanna said Pakistan’s Human Rights Commission in its recent report had pointed out such atrocities on minorities, including Hindus, Sikhs and Christians, whose property and life were not secure in that country.
The BJP member said many Hindu families from Pakistan had been camping in Amritsar, Jalandhar, Rajpura and Khanna for quite some time, refusing to return home despite expiry of their visas. They are seeking Indian citizenship.
Around 28 families had also settled in Delhi’s Majnu Ka Tilla area, seeking Indian citizenship, Khanna said. Lamenting that the Indian government was not doing anything in support of minorities in Pakistan he added that “the government has not spoken a word in their support”.
SS Ahluwalia (BJP) joined his colleague and asked the government to take up the matter with the United Nations.

Food Bill to be placed before Cabinet today


New Delhi, December 12
The Food Ministry is expected to place before the Cabinet on Tuesday UPA’s ambitious National Food Security Bill (NFSB), seeking to provide legal guarantee for subsidised foodgrains to the poor.
Once cleared by the Cabinet, the draft Bill, believed to be closer to the version mooted by UPA chairperson Sonia Gandhi’s National Advisory Council (NAC), will be tabled in Parliament.
Sources say that starting 2012 fiscal, the NFSB will be rolled out in phases to achieve for the Congress-led UPA in 2014 what MNREGA and farmers’ loan-waiver scheme had for the coalition during the 2009 general elections.
The draft Bill, changed quite a bit on Congress president’s intervention, will now fulfil a wider social agenda in sync with NAC’s recommendations. The bill may, therefore, follow a life-cycle approach with provisions for everyone - infants and lactating mothers to senior citizens, homeless and destitute.
Expected to cost 1.20 lakh crore to the exchequer, almost double of what it cost the government to run the PDS, the huge bill for fulfilling the ambitious plan will be taken care of by converging different government schemes under one comprehensive food law. The Planning Commission has apparently suggested integrating schemes like Integrated Child Development Scheme, Mid-day Meal programme and Janani Suraksha scheme for would-be mothers under the proposed Act to take care of the huge resources required.
The annual grain requirement is also forecast to rise to 69 to 70 million, 10 MT more from the current requirement. This means that the government may have to pay more to farmers to ensure increased foodgrain production. If the cash-handout of Rs 1,000 per month for six months to lactating women is also taken into account, the government may have to foot a Bill of 1.40 lakh crore annually.
The draft, however, is understood to be silent on grievances redressal. Sources say this aspect, as also the number of beneficiaries, may be included later through an amendment or a separate law. With a separate grievance redress bill on the anvil, the Centre may just depend on it to cover lapses under the food law.
Meanwhile, the evaluation and social auditing will be done by the panchayats to increase their involvement.
The government also seems to have given-in midway to NAC’s recommendation on provisions under the PDS. The NAC wanted the “general category above poverty line” to get 20 kg of foodgrains as compared to the 35 kg provided to the “priority category”. The first draft scaled it down to 3 kg per individual for a five-person family. The new draft, it seems, will add the term “minimum” to this 3 kg with a provision to increase it in future depending upon the situation and stocks
The Act, incidentally, seeks to provide legal entitlement to subsidised foodgrains to 75 per cent of the country's rural population and 50 per cent of urban India.
Food Minister KV Thomas told the Rajya Sabha today that under the new Bill, the distribution, evaluation and deciding the particular sectors had almost been entrusted to Panchayati Raj Institutions. “Actually, distribution is the responsibility of the state government, and we have suggested that the state governments should strengthen the Panchayati Raj Institutions,” he said.
To be rolled out in phasesl Starting 2012 fiscal, the scheme will be rolled out in phases.
l The draft Bill will fulfil a wider social agenda in sync with NAC's recommendations.
l The Bill will have provisions for everyone, infants and lactating mothers to senior citizens, homeless and destitute.
l Expected to cost Rs 1.2 lakh crore to the exchequer.

‘Provide night shelters to those without roof’

SC directs northern states to act immediately

New Delhi, December 12
Making it clear that not a single person should be allowed to die for lack of protection against the winter this season, the Supreme Court today directed Punjab, Haryana and other northern states to immediately provide night shelters with adequate amenities to all those living without a roof over them.

A Bench comprising Justices Dalveer Bhandari and Dipak Misra passed a series of separate orders in respect of each state, asking the Chief Secretaries to file affidavits by January 3 confirming compliance with its rulings. Even if the states were not in a position to provide permanent night shelters immediately, they should make arrangements for temporary shelters which should have water, sanitation, electricity and other basic amenities, the Bench clarified.
The Bench explained the urgency, citing the onset of the winter season and the need for protecting the lives of people as guaranteed under the Constitution.
Haryana said it had 51 night shelters, of which only two were permanent. “Why are you not constructing permanent night shelters,” the Bench asked. The state counsel said four were under construction and assured the court that he would consult the government and come back.
Senior counsel Colin Gonsalves, arguing for the PIL petitioner (People’s Union for Civil Liberties), complained that Punjab had filed a very vague affidavit, without specifying how many night shelters were in place. The state merely had given the number of “identified, earmarked and sanctioned” cases of night shelters, he explained. At this, the Bench passed a separate order asking the Chief Secretary to file by January 3 a detailed status report.
Jammu and Kashmir claimed that the state did not have a single person without any shelter. The Bench asked the PIL petitioner to verify and give its response.
Asking the state governments to ensure that no one was made to sleep on pavements, parks or other open public places, the apex court also passed similar orders in respect of several states, including Uttar Pradesh, Bihar, Uttarakhand and Maharashtra.
The Bench would review the status again on January 9.
Punjab report ‘vague’
Punjab merely had given the number of “identified, earmarked and sanctioned” cases of night shelters. The Bench has asked the Chief Secretary to file a detailed status report by January 3.
Make permanent ones: haryana told
Haryana said it had 51 night shelters, of which only two were permanent. Another four are under construction. “Why are you not constructing permanent night shelters,” the Bench asked.
Big claim by Jammu & Kashmir
Jammu and Kashmir claimed that the state did not have a single person without any shelter. The Bench asked the PIL petitioner to verify and give his response.