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<title>lawyersclubindia.com: Headlines</title>
<link>http://www.lawyersclubindia.com/</link>
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<title>Mr. N. Chandrababu Naidu demanded for enhancement of death benifit to 6,00,000/-</title>
<link>http://www.lawyersclubindia.com/news/2008/9/mr_n_chandrababu_naidu_demanded_for_enhancement_of_death_benifit_to_6_00_000_.asp</link>
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On 06.09.2008 the state Telugu Desham Party legal cell meeting was conducted in it's state party office (N T R Trust bhavan). The State TDP President Mr. Nara Chandrababu Naidu demands to enhance death benefit of the Advocates from 2,00,000/- to 6,00,000/- in Andhra Pradesh. And he also promised that if his party comes to ruling immediately he will enhance it to 6,00,000/-. 

And he requested all the advocates community to file cases against antysocial activities.   ]]>
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<title>Judgements in a Nutshell:</title>
<link>http://www.lawyersclubindia.com/news/2008/9/judgements_in_a_nutshell_.asp</link>
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In a significant judgement, the Supreme Court has made it clear that those tenants who misbehave with the owner of the premises are liable for eviction. Further, those tenants who are causing damage to property are also liable for eviction. 
The Madras High Court has directed the authorities concerned to take steps to demolish unauthorised and illegal constructions in three months in Ooty, Gudalur, Kothagiri and Coonoor in the Nilgris district. 
A consumer court has held that failure to execute and register sales deeds may amount to deficiency in service. Where the builders sold certain apartments and gave possession after receiving full consideration but the sales deeds with respect to them were not executed and registered, it was held to be a case of deficiency in service. 
The Supreme Court has held that the government or a statutory body cannot cancel allotment of a housing plot merely on the ground that he or she was already a beneficiary of land allotted through a cooperative housing society. The apex court said that if the acquisition of property through a particular agency was not specifically barred, then there could be no restriction on such acquisition. In a related development the Supreme Court has also ruled that an industrial development corporation cannot cancel the allotment of plots unilaterally without following procedures, after the allottee has invested in the land. 
The Supreme Court has held that the market value of an acquired land need not necessarily be calculated on the basis of the value of adjacent land as several other factors need to be considered while fixing compensation]]>
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<title>Phone tap evidence admissible in court: SC</title>
<link>http://www.lawyersclubindia.com/news/2008/9/phone_tap_evidence_admissible_in_court_sc.asp</link>
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In a ruling that upholds the case for special laws to deal with terrorism and other serious crimes, the Supreme Court has restored the power of the Maharashtra police to tap the phones of terror suspects as well as suspected members of organised crime syndicates. These intercepts can be used as evidence in trial courts, it added. 
    The verdict is a shot in the arm for Maharashtra police, asking for special powers against terrorists. But the repercussions of the ruling may spread beyond the boundaries of the state to boost the case for special laws, being opposed over fears of misuse and breach of privacy. 
    Upholding the provisions of Maharashtra Control of Organised Crimes Act (MCOCA) arming the state police with power to tap telephone conversations and use the intercepts as evidence, the apex court brushed aside the reasoning of the Bombay high court that states could not make laws on the subject since it was covered by a central law. 
    The power to intercept telecommunication links between accused under sections 13 to 16 of MCOCA was struck down as unconstitutional by Bombay HC in December 2003 on a petition filed by then MCOCA case accused Bharat Shah. 
    Section 13 dealt with appointment of a competent authority, section 14 provided for authorisation of interception of wire, electronic or oral communication, section 15 gave the procedure for constitution of a committee for review of authorisation orders and section 16 carved out the exceptions. 
POWER LINES Terror suspects’ phones can be tapped 
Overrules earlier Bombay high court judgement 
Order will impact ongoing trials Maha cops get a shot in the arm 
New Delhi: The Maharashtra police who considered the absence of authority to tap telephones as a major handicap, received a shot in the arm when the Supreme Court restored their rights to tap the phones of terror suspects as well as suspected members of organised crime syndicates. 
    The conventional laws — Indian Penal Code, Criminal Procedure Code and the Indian Evidence Act — treat interception of telephone conversations at best as circumstantial evidence admissible before the trial court only if there’s sufficient corroborative evidence. 
    The Mumbai HC had earlier held that the Maharashtra legislature did not have the competence to enact a law permitting the police to intercept telephone and other electronic communication as the subject had already been covered by central legislation such as Indian Telegraph Act. 
    Allowing the Maharashtra government’s appeal against the HC order and accepting arguments of counsel Shekhar Naphade and Ravindra Adsure, a bench comprising Chief Justice K G Balakrishnan and Justices R V Ravindran and M K Sharma took a pragmatic view saying overlapping of legislation, especially in the given situation in the country, was permissible and that there was nothing amiss in sections 13 to 16, making intercepts as admissible evidence. 
    The SC bench, however, has balanced the recognition of security needs with concerns about the abuse of privacy. Interception can be done only with prior approval of top police officers.

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<title>HC revokes order banning woman priest</title>
<link>http://www.lawyersclubindia.com/news/2008/9/hc_revokes_order_banning_woman_priest.asp</link>
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In a far-reaching order, the Madurai bench of the Madras high court on Friday revoked an order of a tahsildar banning a woman from officiating as a priest in a village temple in Nallathevanpatti near Usilampatti in Madurai district. 
    Pinniammal, daughter of Pinnathevar, in a petition said her father, who was a priest of the Durgai Amman temple in Nallathevanpatti, passed away in 2004. While he was alive, the petitioner had been assisting him in temple rituals. She was the heiress of her father and continued to serve as the priestess of the temple. But, she was being prevented from doing so by Vasudevan, a villager. 
    She had approached a civil court in Usilampatti against this interference. At a peace committee meeting held in the presence of the tahsildar, it was decided that a man from Poothur would be appointed priest in her place. She sought a court order declaring this action invalid. 
    Justice K Chandru in his order noted that the tahsildar had accepted that the petitioner and her forefathers were performing the rituals 
in the temple. The tahsildar had claimed that it was not proper for a woman to serve as a priest and appointed a man. This was against the law, Justice Chandru held. The law and agamas did not prevent women from officiating as priests, the judge said. 
    In any case, this temple was not bound by agama rules, and there should be no discrimination, he said. As the Civil Court had not given its ruling, the judge revoked the action of the tahsildar.]]>
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<title>Rape of minor: Teacher gets death penalty</title>
<link>http://www.lawyersclubindia.com/news/2008/9/rape_of_minor_teacher_gets_death_penalty.asp</link>
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Disturbed by the recent spate in rape-cum-murders of minors and determined to set a deterrent example, the Supreme Court on Friday awarded death penalty on a teacher, himself a father of three, for raping and murdering a 5th standard girl. Ironically, the verdict came on Teachers’ day. 
    Absence of an eye-witness or direct evidence of the depraved act of the teacher did not deter a Bench comprising Justices Arijit Pasayat and Mukundakam Sharma from sending him to the gallows, as it had no doubt about his guilt on a reading of the circumstantial evidence in the case supported by the ‘last seen with’ theory. 
    On Makar Sankranti, January 14, 2002, Shivaji aka Dadya Shankar Alhat, who was serving as a teacher in Pune, lured a maid’s daughter to a nearby hill on the pretext of collecting firewood for her. That was the last her sisters saw of the little girl. Her body was found lying on Manmodaya hill. Medical examination reevealed rape, assault on her abdomen with a sharp-edged weapon and marks of strangulation with a rope on the neck. The accused, who fled his residence, was arrested two days after the incident from a nearby sugarcane field. He was chargesheeted. The trial court found the evidence cogent and imposed death penalty. The Bombay HC confirmed it. 
    Shocked by the depravity of the teacher, the Bench rejected the convict’s plea for leniency in sentence and said “undue sympathy to impose inadequate sentence would do more harm to the justice system” that would undermine public confidence in the efficacy of law. 
    “Proportion between crime and punishment is a goal respected in principle, and in spite of errant notions, it remains a strong influence in the determination of sentences,” said Justice Pasayat, writing the judgment for the Bench. 
    Imposition of sentence without considering its effect on the social order in many cases may be in reality a futile exercise, the Bench said, adding heinous crimes, especially crime against women, require the courts to impose exemplary punishment. 
    “The court must not only keep in view the rights of the criminal but also the rights of the victim of the crime and the society at large while considering the imposition of appropriate punishment,” it said.]]>
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<title>SC lets Dutt shoot film in Africa</title>
<link>http://www.lawyersclubindia.com/news/2008/9/sc_lets_dutt_shoot_film_in_africa.asp</link>
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A 45-day-long shoot in African countries for Sanjay Dutt, on bail after conviction by a Mumbai TADA court in the 1993 Mumbai serial blasts case, got the green light from the SC. On Friday, it directed CBI to release his passport. 

CBI would get hold of his passport for just two days. Dutt, who is at present in Thailand on another film shoot, would come to Mumbai on September 18 and is likely to embark on the African tour on September 20. The earlier court order entitled him to travel abroad till September 30. 

Advocate Fali S Nariman appearing for the actor, impressed upon a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam that Dutt had never breached any of the conditions imposed on him by the apex court while granting him bail on November 27 last year. 

As Additional Solicitor General appearing for the CBI consented to extension of the liberty to Dutt to fly abroad. The Bench directed the actor to return to India by November 15 and surrender his passport latest by November 20. The shooting schedule for both the movies are spread over Kenya, Tanzania, South Africa and Mozambique.]]>
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<title>HC refuses bail to owners of T Nagar shop</title>
<link>http://www.lawyersclubindia.com/news/2008/9/hc_refuses_bail_to_owners_of_t_nagar_shop.asp</link>
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Sending out a warning to building violators and lax regulators alike, the Madras High Court on Friday refused anticipatory bail to the owners of Saravana Stores in T.Nagar, and wanted CMDA and corporation officials to be included as accused in the case relating to the fire mishap in the mall earlier this week. 

Rejecting the advance bail plea of the owners of Saravana Stores, Yogarathinam and Rajarathinam, Justice R Regupathi said it was pathetic to note that the investigation had not proceeded in the right manner as the involvement of officials was not being probed. 

Meanwhile, the first bench, comprising Chief Justice A K Ganguly and Justice F M Ibrahim Kalifulla, requested former Judge of Madras High Court Mr.A Ramamurthi to visit T Nagar and ascertain the extent of encroachments there.]]>
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<title>Justice Radhakrishnan sworn in as C.J. of Gujarat HC</title>
<link>http://www.lawyersclubindia.com/news/2008/9/justice_radhakrishnan_sworn_in_as_c_j_of_gujarat_hc.asp</link>
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Justice Radhakrishnan sworn in as Chief Justice of Gujarat HC


Justice K S Radhakrishnan was sworn in as Chief Justice of the Gujarat High Court at a function held at the Raj Bhawan.

Governor Nawal Kishore Sharma administered the oath of office to Justice Radhakrishnan.

Justice Radhakrishnan was earlier the Chief Justice of Jammu and Kashmir High Court.

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<title>FIRST WORKING GROUP ON CYBER LAW IN INDIA</title>
<link>http://www.lawyersclubindia.com/news/2008/9/first_working_group_on_cyber_law_in_india.asp</link>
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The legal enablement of Information and Communication Technology (ICT) in India is becoming a big challenge for India. The Government of India alone cannot meet these challenges and we need “private initiatives” as well. With this noble objective in mind, Perry4Law, PTLB, PTLITC, etc are in the process of constituting a Working Group on Cyber Law in India headed by Mr. Praveen Dalal*, the Leading Techno-Legal ICT, Cyber Law, Cyber Security and Cyber Forensics Specialist of India.

The necessity of such working group is very pertinent. According to Mr. Praveen Dalal*, “India is ignoring the importance of cyber security and cyber forensics. The ICT Trends in India-2006, ICT Trends in India-2007, Cyber Security Trends by PTLB-2007, etc are examples of faulty ICT/E-governance strategies and policies of India. Further, Cyber Forensics Trends in India-2008 are also not conducive for the growth of legal enablement of ICT systems in India. The obvious result is that law enforcement, lawyers, judges, etc find it difficult to deal with issues involving ICT. The position is worst when it comes to investigation of cyber crimes committed through Wireless Networks. We cannot blame law enforcement, prosecution and judiciary in this regard as there is in an absence of proper legislative and policy support in India”.


*About Mr. Praveen Dalal


Mr. Praveen Dalal is the Managing Partner of Perry4Law and heading its PTLB, PTLITC, and other Techno-Legal Divisions that are providing Cyber Law, Cyber Security and Cyber Forensics Assistances and Services. Perry4Law is the First and Exclusive Techno-Legal and ICT Law Firm in India and is in operation since 2002. It deals with legal issues associated with ICT and use of ICT for legal purposes. PTLB and PTLITC are few of the Techno-Legal ICT initiatives of Perry4Law and are in the process of upgradation and formalisation. Mr. Praveen Dalal’s specialisations include areas like Cyber Law, Cyber Security, Cyber Forensics, Digital Evidencing, Corporate ICT Compliances, etc. 

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<title>Nanda gets five year jail term </title>
<link>http://www.lawyersclubindia.com/news/2008/9/nanda_gets_five_year_jail_term.asp</link>
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<![CDATA[


 
Sanjeev Nanda, grandson of former Naval Chief S M Nanda, was on Friday sentenced to five years rigorous imprisonment by a Delhi court for mowing down six persons, including three policemen, with his BMW car in 1999. 


It sentenced co-convict and businessman Rajeev Gupta to one year rigorous imprisonment for destruction of evidence.

His two employees -- Bhola Nath and Shyam Singh -- were however awarded six months' jail terms each for washing off blood stains and pieces of victims' flesh from the offending vehicle after the incident.

The court also imposed a fine of Rs 10,000 on Gupta and Rs 100 each on his two employees, who were held guilty under Section 201 (destruction of evidence) of the IPC.

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<title>Judge appointed for Delhi High Court</title>
<link>http://www.lawyersclubindia.com/news/2008/9/judge_appointed_for_delhi_high_court.asp</link>
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Suresh Kait appointed Judge of Delhi High Court


Senior lawyer Suresh Kait has been appointed as a judge of the Delhi High Court, raising its strength to 39, as against the sanctioned 48.

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<title>Justice Sarin takes oath as C.J.  of J. andamp; K. H.C.</title>
<link>http://www.lawyersclubindia.com/news/2008/9/justice_sarin_takes_oath_as_c_j_of_j_and_k_h_c_.asp</link>
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Justice Sarin takes oath as Chief Justice of Jammu and Kashmir HC


Justice Manmohan Sarin took oath as the new Chief Justice of Jammu and Kashmir High Cour.

Governor N N Vohra administered the oath of office to Justice Sarin at Raj Bhavan.

He will be the 26th Chief Justice of J&K High Court. ]]>
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<title>Court had asked FSL to send CDs directly</title>
<link>http://www.lawyersclubindia.com/news/2008/9/court_had_asked_fsl_to_send_cds_directly.asp</link>
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The mishandling of the 16-year-old Sister Abhaya death case has cast a shadow on the integrity of the CBI. While the CBI accused an official of the Forensic Science Laboratory (FSL) for “allegedly tampering with the narco CD tapes’’, it stood exposed when the Kerala High Court rapped the shoddy investigation. Sensing there was something amiss, the court, on August 5, ordered that FSL Bangalore send the CDs directly to the court. 
    In the order (TOI has a copy), Justice V Ram Kumar had said: “The director of the FSL Madiwala, Bangalore, is directed to send the CDs at the earliest to the registrar general of the Kerala High Court, Ernakulam, Kochi, treating the same as most urgent. The Director, FSL, Bangalore, shall not allow any person, including the CBI, to have access to their system. The CDs shall not be forwarded to this court through the CBI. Utmost confidentiality shall be maintained both in the process of downloading into the compact discs as well as in forwarding the same to the Registrar General.’’ 
    The court issued this order to the FSL after the CBI presented narco tapes with missing links to the court. While processing data from three original CDs to one tape, the CBI had cut out some vital information which the court noticed and asked FSL to send the tapes directly, the judge said. 
    FSL vindicated 
“Before parting with this case, I wish to place on record the valuable response shown to this court by B M Mohan, director, FSL, and S Malini, assistant director. It is a matter of great pleasure to note that notwithstanding the fact that FSL is under the police department, the officers have exhibited remarkable independence and integrity. I have the least suspicion that FSL had indulged in either editing or manipulating the CDs so as to make them incongruous or incompatible with the narco reports. I convey the appreciation of the high court for their valuable services in complying with the orders of the court.’’]]>
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