chinmay
18 September 2010 at 18:02
Sir I completed my NSE Certification in financial market (NCFM) Capital Market(Dealers)Module on 31st January 2009 which is conducted by NSE .Recently I joined as a Equity Advisor in Religare Securities Ltd. when i produced my NCFM certificate to my company Religare Securities Ltd for user ID generation, i came to know that my certificate is being used by another broker as a user in capital market segment of NSE. Immedieatly i contacted NSE office and i came to know that one ANAGRAM CAPITAL LTD is using my certificate without my knowledge and consent since long time. when i asked NSE official about this illegal and fraudulent activity of his trading member the official told me, i send you two forms, you fillup this form and send to us and then we deactivate your code. when i asked about this illegal and fraudulent activity of this trading member and what legal action should taken by NSE against this trading member she told me we can not suggest anythig against a trading member. These forms sent by NSE also acknowledged by me in email for deactivation is also requared so many data like (Member Name, Member code and Date of Association)which are not avalable with me. Dramatically NSE office deactivated my illegally used user id Without getting any document from my side in the same day by evening i.e,18th Aug 2010.this trading members only aim behind creating user id in my name without my consent and participation to enhance fraudulent and unfair trade practice in capital market, which is blindly supported by NSE.
I sent this grievance to NSE as well as SEBI (capital market regulator) by email requesting action against this trading member. But I did not get any reply from both the organization. further, SEBI being a public authority I file RTI application on dated 25th aug 2010 before SEBI pio requesting following information,
(1) Copy of Application For Approval as a user in Capital Market segment of NSE bearing NCFM Registration No – 00000537365 in the name of Chinmay Kumar Nayak as an user Which is applied to NSE by different Trading Member or Person or Organization From 31stJanuary 2009 to 18th August 2010
(2)If the NCFM Certificate is Unauthorisely or Illegally misused as an user without consent of that certificate holder in capital market segment by a trading member or person or organization then what action will be taken by the SEBI or Regulator under the perview of Law.
(3)If Yes, What will be the nature and consequences of that action.What will be the procedure to put forward the grievence by the victim whose NCFM certificate is unauthorisely used.
In fact the 1st information which was a printed format provided by NSE to trading member for creating user in capital market where users signature and personal information also required.In my case this trading member anagram capital ltd not only using my certificate but also use frauadlantly my signature and my personal information to creat user id for his business purpose.
I received a reply letter from SEBI pio on dated 14.09.2010 where pio says that,The information sought by you is not available with SEBI or maintained by SEBI,hence the same can not be construed as information as defined under section 2(f) read with 2(j) of the RTI Act,2005.If you so desire ,you may appeal before Shri Prashant Saran SEBI Appellate Authority,within thirty days of the receipt of this letter.
This document is maintained by NSE. But NSE is not a public authority it is regulated by SEBI who is public authority in the eye of RTI Act. so how I can access this information, by way of appeal or otherwise? Please give me some suggestion for which I can take legal action against this trading member who is use my certificate and signature fraudulently and I will oblised
visu
18 September 2010 at 16:15
Pl. advise what are the consequences..
and the status of a person;
who have given surety (for bail) to a person convicted (u/s 26) as accused in a CBI case.
Is there any special precaution that SURETY to be taken
Pl. advise.. and comment.
Anonymous
17 September 2010 at 19:42
A Police officer faces the brunt of Court and a structure is passed against the police officer by the court in their judgements when they find investigation of the criminal case was not done properly, why no action is taken against the judges who give wrong judgements which is proved wrong by the higher court and are set aside.
Parthasarathi Loganathan
17 September 2010 at 18:57
Our PM has made an Appeal to the public in all news papers regarding the proposed verdict by High Court on Babri Masjid case. Does it not amount interference of Executive over Judiciary process in the country? Experts to please enlighten and correct me If I am wrong.
Sivan S
17 September 2010 at 18:52
The seller is not refunding my money for undelivered product, even after repeated requests.
The seller is an online shopping portal shipping to all areas in India.
I want to file a complaint in the consumer court.
Can I file the complaint in the CDRF in my area even though the seller belongs to a different state. Is there any jurisdiction problem?
Please advise
Parthasarathi Loganathan
17 September 2010 at 18:51
Quote:
Eight chief justices were corrupt: Ex-law minister Shanti Bhushan Dares SC To Jail Him For Contempt
Former law minister Shanti Bhushan on Thursday created a sensation in the Supreme Court when he moved an application accusing eight former Chief Justices of India of “corruption”, and dared the court to send him to jail for committing “contempt of court”.
The eight allegedly corrupt CJIs feature among a list of 16 prepared by Bhushan, comprising Justices Ranganath Mishra, K N Singh, M H Kania, L M Sharma, M N Venkatachalliah, A M Ahmadi, J S Verma, M M Punchhi, A S Anand, S P Bharucha, B N Kirpal, G B Patnaik, Rajendra Babu, R C Lahoti, V N Khare and Y K Sabharwal.
Terming eight among the list as “definitely corrupt”, Bhushan put their names in a sealed cover and submitted it to the Supreme Court and virtually dared it to open it and read out the contents. He said of the 16, “six were definitely honest and about the remaining two, a definite opinion cannot be expressed whether they were honest or corrupt”.
The veteran lawyer — who became famous by successfully arguing for setting aside the election of Indira Gandhi in 1975, triggering a chain of events leading to the imposition of the Emergency — resorted to the dramatic action in solidarity with his son, lawyer Prashant Bhushan. Prashant is facing contempt charges for accusing current CJI S H Kapadia and his predecessors of misconduct.
“Make me a party along with Prashant Bhushan,” requested Bhushan Senior, who was law minister in the post-Emergency Morarji Desai Cabinet. Bhushan Senior challenged the SC to send him to jail for contempt for he was as much guilty as Prashant, with whom he was in total agreement.
Bhushan’s challenge can put the apex court in a bind. It may be constrained not to ignore the provocation, lest it start a trend.
RAISING OBJECTIONS
Submits list of 16 ex-CJIs in sealed cover to SC. Says 8 were "definitely corrupt", 6 “definitely honest” and “definite opinion can’t be expressed about other 2”
THE 16 EX-CHIEF JUSTICES MENTIONED IN THE AFFIDAVIT:
Ranganath Mishra, K N Singh, M H Kania, L M Sharma, M N Venkatachalliah, A M Ahmadi, J S Verma, M M Punchhi, A S Anand, S P Bharucha, B N Kirpal, G B Patnaik, Rajendra Babu , R C Lahoti, V N Khare, Y K Sabharwal 2 ex-CJIs gave info on graft, says Bhushan
New Delhi: The option of punishing the Bhushans, however, carries the risk of putting the father-son duo on a pedestal, and training the spotlight on their allegations when the issue of judicial corruption finds ready resonance with an expanding constituency. Of all the protests against alleged judicial corruption, the Bhushans’ is easily the most breathtaking and will play well with the gallery.
Bhushan sought to raise for the judiciary the cost of any punishment to him by saying that he was ready to face the consequences. “The applicant will consider it a great honour to spend time in jail for making an effort to get for the people of India an honest judiciary,” he said.
In his application, the former law minister spoke of both the growing corruption in the judiciary as well as the tendency to sweep it under the carpet in the name of protecting its reputation.
A defiant Bhushan claimed that two former CJIs were among the sources of his information on corruption among their peers. “In fact, two former CJIs had personally told the applicant while they were in office that their immediate predecessor and immediate successor were corrupt judges. The names of these four CJIs are included in the list of six corrupt CJIs,” Bhushan said.
“Unless the level of corruption in the judiciary is exposed and brought in the public domain, the institutions of governance cannot be activated to take effective measures to eliminate the evil,” he added. “It is a common perception that whenever such efforts are made by anyone, the judiciary tries to target him by the use of the power to contempt. It is the reputation of the judge which is his shield against any malicious and false allegations against him. He does not need the power of contempt to protect his reputation and credibility,” Bhushan said.
Proceedings against Prashant were initiated on a petition filed by amicus curiae Harish Salve accusing the former of making contemptuous remarks against CJI S H Kapadia and former CJIs. Besides, Bhushan Jr had also told a web newspaper that half of the last 16 former CJIs were corrupt. Shanti Bhushan said, “Since the applicant (Shanti Bhushan) is publicly stating that out of the last 16 CJIs, eight of them were definitely corrupt, he also needs to be added as a respondent to this contempt petition so that he is also suitably punished for this contempt.”
Corruption in judiciary had taken firm root in the last two to three decades, Bhushan said while deploring persistent attempts to cover it up in the belief that such charges might tarnish the image of the judiciary.
In affidavit, Bhushan says
Should be suitably punished for this contempt... would consider it an honour to spend time in jail for making an effort to get people of India an honest and clean judiciary
Unquote:
Experts can post their sincere opinion on this popular news published in Times of India today.
Annie Pereira
17 September 2010 at 17:10
Can you plz help me in preparing the write up for the lawyers & law students
kindly send it ASAP
Regards,
Annie
Renu Choudhary
17 September 2010 at 10:57
I had a personal load from Indiabulls (Rs. 38,000) I have already paid Rs.44,000, but they are saying i have to pay Rs. 87,000 for the loan i have taken. I told them for the settlement with Rs.10,000, but they are saying for Rs. 25,000. Now they are harassing and torturing by calling and coming to my home and giving all types of bad words to me and my family. Pl advice on this.
Renu
Anonymous
17 September 2010 at 01:54
Whether a ruling of Supreme Court (2009) is applicable for the District consumer forum for not registering the case which is against the BSNL co. How a consumer redresses his grivience if his landline has been disconnected by the company for non-payment of amount.
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