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Court summons Ola, Uber for allegedly overcharging

News July 31, 2017

Court summons Ola, Uber for allegedly overcharging

Court summons Ola, Uber for allegedly overcharging

App-based cab service providers, including Ola and Uber, were today summoned as accused by a Delhi court for allegedly running taxis in the city without licence and overcharging passengers.

Metropolitan Magistrate Abhilash Malhotra said a prima facie case of permit violation was made out against the firms for allegedly charging excess fares which is in violation of the provisions of the Motor Vehicles (MV) Act.

The court summoned ANI Technologies Pvt Ltd, which runs Ola, Uber India Systems Pvt Ltd and Serendipity Infolabs Pvt Ltd, which runs Taxi For Sure, and directed their authorised representatives to appear before it on December 11.

The court’s order came on NGO Nyayabhoomi’s plea, filed through advocate Sumit Kumar, seeking prosecution of the three firms under various provisions of the MV Act.

Section 93(1)(I) of the MV Act mandates that an agent who solicits the customers for public service vehicles (PSV) is required to obtain a licence under the Act.

The court noted that firms are running the public service vehicles on contract carriage basis.

“The firms are acting as an aggregator who are deciding the drivers, customer allocation, fares, SOS protocols and other administrative issues. It is alleged that no licence under the Section 93 of MV Act has been obtained by the firms for running PSV in Delhi which is in violation of City Taxi Scheme, 2015 and section 93 of MV Act.

“Accordingly, prima facie ingredients of section 193 (Punishment of agents and canvassers without proper authority) of MV Act are attracted against all the three firms,” it said.

The court noted that the complainant NGO through its secretary Rakesh Agarwal, has also placed on record documents claiming that the firms were overpricing.

It noted that the fares have been decided by transport department of Delhi government through a June 20, 2013 notification which prescribed the minimum fare per kilometre, night charges, waiting charges and flag down charges.

The Delhi High Court, in its August 11, 2016 order in which the firms were also parties, had directed that after August 22, 2016, taxi aggregators/ operators shall not charge fare more than the cap stipulated in the government’s June 2013 notification.

The magistrate said “prima facie it is clear that excess fares have been charged by the companies in violation of MV Act, June 20, 2013 notification as well as CTS scheme.

Accordingly, prima facie case for permit violation under the MV Act is made out.”

It was alleged in the complaint that as per CTS rules, the drivers of taxis shall have PSV badge and all the taxis shall have an electronic digital fare meter on the front panel.

It was also alleged that none of these firms are ensuring that the drivers are having PSV badges and the digital fare meter is not working and the fare is calculated through App.

The plea claimed that during the transit, the customer is not able to check/ ascertain the fare and it is calculated and informed via App to the customer only on conclusion of the journey.

Complainant had also placed on record details of the firms’ diesel taxis which are still on rolls.

The court had earlier recorded pre-summoning evidence advanced by the complainant in support of the plea, which had also sought summoning of the three firms as accused.

The NGO had also sought recovery of a whopping Rs 91,000 crore from cab service providers for allegedly not adhering to rules relating to fares and not operating by meters.

It had sought recovery of an additional penalty of Rs 26,000 crore from the firms and jail term for them.

The court, however, had treated “dismissed as withdrawn” an application filed by the same NGO seeking lodging of FIR against the three app-based cab service providers, holding that the offences alleged in the plea under the MV Act were “non-cognisable”.

It had allowed the complainant to lead evidence in support of the complaint under the CrPC that these three cab companies were also allegedly violating permit conditions by running vehicles on diesel and providing point-to-point service in Delhi.

( Source – PTI )

The post Court summons Ola, Uber for allegedly overcharging appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.

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Comments Off on Delhi ridge: NGT directs AAP govt to pay Rs 2L fine

Delhi ridge: NGT directs AAP govt to pay Rs 2L fine

News July 31, 2017

Delhi ridge: NGT directs AAP govt to pay Rs 2L fine

Delhi ridge: NGT directs AAP govt to pay Rs 2L fine

The National Green Tribunal today refused to modify its order imposing a cost of Rs two lakh on the Delhi government for “inordinate delay” in demarcation of forest land in the southern ridge area.

A bench headed by Justice Jawad Rahim directed the AAP government to immediately comply with its July 20 order and deposit the amount with the Legal Aid Committee of the NGT Bar Association.

The tribunal, which did not pass any order on the review plea filed by the city government, said it would take up the matter on August 4.

On July 20, the green panel had said the city government was frustrating the orders of the green panel on one pretext or the other and showing “disdainful conduct” in the matter.

It had also sought action plan and warned that in case of default the NGT would be compelled to pass order with the direction that on each day of non-compliance further cost of Rs one lakh will be saddled on the NCT of Delhi.

“The proceedings in these cases reflect the manner in which administration of NCT of Delhi is being governed.

“Orders passed by us on previous dates speak out aloud of the modus operandi of all concerned to frustrate directions of this tribunal… It is regrettable to note that except for taking prevaricate stands on each occasion on different dates the respondents are displaying clear disdainful conduct in frustrating the order of this tribunal,” it had said.

The NGT had earlier directed the Delhi government to adhere to the time schedule and expeditiously carry out demarcation of the area falling within their limits.

The tribunal was hearing a bunch of pleas field by South Delhi resident Sonya Ghosh and others against encroachments on forest land in the southern ridge area and seeking their removal.

( Source – PTI )

The post Delhi ridge: NGT directs AAP govt to pay Rs 2L fine appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.

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Comments Off on SC lets Swamy amend plea on Centre’s security clearance

SC lets Swamy amend plea on Centre’s security clearance

News July 31, 2017

SC lets Swamy amend plea on Centre's security clearance

SC lets Swamy amend plea on Centre’s security clearance

The Supreme Court today allowed BJP leader Subramanian Swamy to amend his plea challenging recent policy guidelines of the Centre on grant of security clearances to companies.

Swamy had moved the apex court seeking a direction to the Ministry of Home Affairs (MHA) to frame the guidelines for granting of security clearances to firms, including those who want to run FM radio channels and are accused of economic offences.

A bench of Chief Justice J S Khehar and Justice D Y Chandrachud allowed Swamy to amend his petition when it was pointed out that the new policy was even “worse” as instead of MHA, the power has been given to other ministries which are not well equipped to grant security clearances.

“They have made it worse by allowing the ministry other than MHA to give clearance to the companies. Only the MHA is equipped with Intelligence Bureau (IB) to take such security decisions,” he said.

“They have delegated the power to Information and Broadcasting ministry and under the Constitution, this is not permissible. Moreover, I and B Ministry has not filed affidavit in the case,” Swamy said.

The recent guidelines have entrusted the I and B ministry with the authority to grant clearances to firms desirous to run FM radio channels.

Swamy, in his plea, had sought a direction to the MHA to frame “foolproof” and “consistent” guidelines for grant of security clearances to firms accused of economic offences, from taking part in public auctions including grant of licenses to run FM radio channels.

On July 7, the apex court had asked the Centre to provide a copy of its revised security clearance policy to the BJP leader.

The Rajya Sabha MP had earlier submitted that the Delhi and the Bombay high courts had taken divergent views on the issue of security clearance by the MHA while dealing with the e-auction process of private FM radio channels.

The Bombay HC had held that the grant of security clearance fell under the exclusive domain of the MHA, the plea had said, adding that the Delhi High Court, on the other hand, had allowed Sun Group (controlled by Kalanithi Maran and former telecom minister Dayanidhi Maran, who are accused in the Aircel-Maxis scam case) to bid for the airwaves auction.

Talking about the nod to the Sun Group to take part in the auction process, Swamy said the MHA had refused security clearance for the group, but the then attorney general had overturned the objection and gave an opinion in favour of the group.

Seeking guidelines from the court, Swamy’s plea said that “inadequate” security clearance policy of the government and the two judgements of the Delhi and the Bombay high courts could be used as a ground to bypass the “mandatory security clearance process by the companies” which could pose a threat to national security.

It was alleged that “inadequacy” and “non-uniformity” in security clearance policy of the government has created this problem where a “tainted person or a company” can be part of a process which can have serious impact on the national security.

( Source – PTI )

The post SC lets Swamy amend plea on Centre’s security clearance appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.

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Comments Off on நிதிஷ் அரசுக்கு எதிரான மனு : பாட்னா ஐகோர்ட் தள்ளுபடி

நிதிஷ் அரசுக்கு எதிரான மனு : பாட்னா ஐகோர்ட் தள்ளுபடி

News July 31, 2017

பாட்னா: பீஹாரில், முதல்வர் நிதிஷ் குமார் தலைமையிலான, புதிய அரசுக்கு எதிராக, தொடரப்பட்ட மனுக்களை, பாட்னா ஐகோர்ட் தள்ளுபடி செய்தது. பீஹாரில், நிதிஷ் குமாரின் ஐக்கிய ஜனதா தளம், லாலுவின், ராஷ்ட்ரீய ஜனதா தளம், காங்., ஆகிய கட்சிகள் இணைந்து, கூட்டணி ஆட்சி நடத்தின. நிதிஷ் தலைமையிலான அமைச்சரவையில், லாலு மகன் …

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Comments Off on 'மரபணு மாற்றப்பட்ட கடுகு ஒரு மாதத்துக்குள் முடிவு'

'மரபணு மாற்றப்பட்ட கடுகு ஒரு மாதத்துக்குள் முடிவு'

News July 31, 2017

புதுடில்லி: ‘மரபணு மாற்றப்பட்ட கடுகை அனுமதிப்பது தொடர்பான பிரச்னையில், ஒரு மாதத்துக்குள் முடிவு எடுக்கப்படும்’ என, சுப்ரீம் கோர்ட்டில், மத்திய அரசு தெரிவித்துள்ளது.மரபணு மாற்றப்பட்ட கடுகை, வர்த்தக ரீதியில் பயன்படுத்தும் வகையில், அதை பயிரிட்டு பரிசோதிக்கும் முடிவை எதிர்த்து, சுப்ரீம் …

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Comments Off on மனைவி கழுத்தை நெரித்து கொலை:கணவனுக்கு ஆயுள்: கோர்ட் உத்தரவு

மனைவி கழுத்தை நெரித்து கொலை:கணவனுக்கு ஆயுள்: கோர்ட் உத்தரவு

News July 31, 2017

திருநெல்வேலி:புளியங்குடி அருகே மனைவி நடத்தையில் சந்தேகப்பட்டு கழுத்தை நெரித்து கொலை செய்த கணவனுக்கு ஆயுள் தண்டனை விதித்து கோர்ட் உத்தரவிட்டது.
நெல்லை மாவட்டம் புளியங்குடியை அடுத்த சுப்பிரமணியபுரம் பிள்ளையார்கோயில் தெருவை சேர்ந்த குழந்தைராஜ் 35. இவரது மனைவி உமாதேவி 30, குழந்தைகள் மாதேஸ் …

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Comments Off on “We Hope That The State’s Glorious Past Is Quickly Brought Back”, Madras HC Dismisses Appeal For State Quota In Medical Admission

“We Hope That The State’s Glorious Past Is Quickly Brought Back”, Madras HC Dismisses Appeal For State Quota In Medical Admission

News July 31, 2017

Apoorva Mandhani

The Madras High Court on Monday upheld an order passed by a single Judge quashing the State Government’s order providing 85% quota in medical admissions for students from the State Board, leaving only 15% of the total seats for students from CBSE and other boards.

The Bench comprising Justice Nooty Ramamohana Rao and Justice M. Dhandapani dismissed the Appeal filed by the Tamil Nadu Government, holding that the G.O. perpetuated an “artificial classification” among students.

“That objective, as was noticed by us, was already achieved, when they took a common eligibility cum entrance test (NEET), their relative knowledge is tested by a common question paper and a common yardstick of evaluation. When once the relative ranking of merit is determined at the NEET, a further classification of the qualified candidates of the NEET attempted now meanders into an artificial one,” the Bench observed, directing the State Government to take necessary steps to complete the admission process, noting that it had already been delayed.

The Court pointed out that the executive power available to the State under Article 162 can be utilized subject to two legal requisites: (i) it shall not entrench upon any law made by the competent legislature, and, (ii) such power can be used for filling up the gaps, if any, by supplementing the existing legal regime, but not by supplanting the provision having effect of law.

It then noted that the current field was already covered by the sweep of Section 10D of the Indian Medical Council Act read with Regulation 5 (v) of the Graduate Medical Education Regulations, 1997.

The Court went on to lament the unequal distribution of infrastructural facilities across the State, observing that such lack of resources and adequate supervision has led to the “rapid fall of standards of the students”.

“This malady has to be addressed and redressed by the State Government by taking meaningful and substantive measures by creating a check on the failure of performance of duties and fixation of responsibilities on the teachers on the one hand and failure on their part to improve upon the lot of students, on the other, while, at the same time, the best amongst them should be appropriately rewarded. This apart, the State shall also endeavour to ensure that all the students get their knowledge updated by constant revision of the syllabus prescribed by the State,” the Court observed.

It further noted that the State has an obligation to ensure that a competent academic body periodically reviews the syllabus, preferably, every 3 to 5 years. Thereafter, pinning its hopes on the State, the Bench observed, “We only hope that the State Government will endeavour to ensure that the infrastructural facilities provided by them are effectively utilized for securing imparting of the latest knowledge on the subjects and it will not go a waste. We sincerely hope that the glorious past record of this State is quickly brought back.”

 

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Comments Off on Date For Filing Of Income Tax Returns Extended To 5th August

Date For Filing Of Income Tax Returns Extended To 5th August

News July 31, 2017

LiveLaw News Network

The Finance Ministry has extended the last date for filing income tax returns extended for five days up to 5th August.

In a press release, the Finance Ministry it is stated as follows;

“There are some complaints that the taxpayers are not being able to log on to the e-filing website of Income Tax Department or not being able to link Aadhaar with PAN because of different names reflected in PAN and Aadhaar database. While technical snags have been removed already, the main reason for failure of people to log in is because of last minute rush and panic in which those who have already logged in want to continue for the entire period for fear of losing it.

In order to ease-out the panic situation, the Government has decided to take the following steps:

For the purpose of e-filing return, it would be sufficient as of now to quote Aadhaar or acknowledgement No. for having applied for Aadhaar in e-filing website. The actual linking of PAN with Aadhaar can be done subsequently, but any time before 31st August, 2017. However, the returns will not be processed until the linkage of Aadhaar with PAN is done.

In order to facilitate the e-filing of return, it is also decided to give extension of five days for e-filing of return. The return can be filed upto 5th August, 2017”.

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Comments Off on Lack Of Basic Infra For OSM System Leading To Delay In Semester Results: Mumbai University Professors; Move HC [Read Petition]

Lack Of Basic Infra For OSM System Leading To Delay In Semester Results: Mumbai University Professors; Move HC [Read Petition]

News July 31, 2017

Nitish Kashyap

In a writ petition filed before the Bombay High Court, the Bombay University and College Teacher’s Union, along with five other professors from different streams and colleges affiliated to the university, have filed a writ petition alleging that thousands of students have been suffering due to improper implementation of the online screen marking (OSM) system for assessment of answer papers by the university.

The petitioners contended that the university failed to provide computers and internet facility that was required for assessment of papers under the OSM system.

Thereafter, the university issued a notice to the teachers for not assessing adequate amount of papers.

The petition stated that earlier answer sheets were assessed by examiners and moderators at Examination Bhavan and the process used to be over while the university was closed for vacation. However, for the academic year 2016-17, the university ‘abruptly’ decided to implement the OSM system.

Under this system, answer sheets are scanned and images are sent to a server, then colleges selected for centralised assessment programme (CAP) centres, micro centres, mini centres get software installed on computers available with them, messages are sent to examiners and moderators for assessment of papers who are then required to approach nearby CAP centres, micro centres, mini centres (hereinafter referred to as the centres) and marked on screen by examiners. Final scores are tabulated automatically.

The petitioners submitted that in end of May 2017, scanning was completed hastily, software for assessment were installed on computers available at centres for OSM system.

To the knowledge of the petitioners, the entire project is 100% dependent on internet connection, its speed and the speed of computers. This was and is a major problem with the project.

One of the petitioners, who is a professor in Economics, submitted that she used to finish assessment of 30-40 answer papers in a day, but due to low internet speed and server issues she could finish assessment of 285 papers only in 40 days.

Thus, the petitioners sought directions to the respondent university for the procurement of at least 2,000 computers at Kalina campus with intra-net facility and the constitution of a Board of Information Technology, as mandated by the Maharashtra Public Universities Act, 2016.

Read the Petition here

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Comments Off on Will take policy decision on GM mustard crop, Centre tells SC

Will take policy decision on GM mustard crop, Centre tells SC

News July 31, 2017

Will take policy decision on GM mustard crop, Centre tells SC

Will take policy decision on GM mustard crop, Centre tells SC

The Centre today told the Supreme Court that it will take a decision in a month-and-a-half on whether to allow the commercial roll out of Genetically Modified (GM) mustard crop in the country.

A bench comprising Chief Justice J S Khehar and Justice D Y Chandrachud told Additional Solicitor General P S Narasimha that if the government takes a decision in favour of GM mustard crop, then the court would like to hear the petition challenging the commercial release.

The bench also said that as the mustard sowing season begins in the month of October, any decision favouring the roll out will come into effect after the court examines it and fixed the matter for hearing in the second week of September.

Earlier the bench had granted time to the Centre to apprise it as to by when it will take a “well-informed and well-intentioned” policy decision on the roll out.

The apex court had on October 17 last year extended the stay on the commercial release of GM mustard crop until further orders.

The court had restrained the commercial release of the crop for ten days on October 7, 2016.

The court had asked the Centre to seek public opinion on such seeds before releasing it for cultivation purpose, even as government approval is awaited.

Mustard is one of India’s most important winter crops which is sown between mid-October and late November.

Advocate Prashant Bhushan, appearing for petitioner Aruna Rodrigues, alleged that the government was sowing the seeds in various fields and said the bio-safety dossier has to be put on the website, which has not been done yet.

Alleging that field trials were being carried out without doing relevant tests, he had sought a 10-year moratorium on them. Bhushan said a Technical Expert Committee (TEC) report has pointed out that the entire regulatory system was in shambles and a 10-year moratorium should be given.

Rodrigues had filed the plea seeking a stay on the commercial release of Genetically Modified (GM) Mustard crop and prohibition of its open field trials.

He had also urged the court to prohibit open field trials and commercial release of Herbicide Tolerant (HT) crops including HT Mustard DMH 11 and its parent lines/variants as recommended by the Technical Expert Committee (TEC) report.

( Source – PTI )

The post Will take policy decision on GM mustard crop, Centre tells SC appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.

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  • IDIA’s Annual Awards and Conference on “Law, Leadership and Creativity”

    by on September 19, 2017 - 0 Comments

    Live Law News Network IDIA Charitable Trust (an organisation working towards empowerment of the underprivileged through legal education) recently held it’s IDIA Annual Awards Ceremony and Conference on 15-16 September 2017 in New Delhi. The session rounded off with a CHAMPS training session for IDIA scholars and team leaders on the 17th. IDIA Annual Awards […]

  • 'நீட்' தேர்வுக்கு எதிராக போராட்டமா? - பாய்கிறது நீதிமன்ற அவதிப்பு வழக்கு

    by on September 10, 2017 - 0 Comments

    ‘நீட் தேர்வுக்கு எதிராக, மாணவர்களை துாண்டி விட்டு, சட்டம் – ஒழுங்கை சீர்குலைக்க, அரசியல் கட்சியினர் உள்ளிட்டோர் முற்பட்டால், நீதிமன்ற அவமதிப்பு வழக்கில், சிறையில் தள்ளப்படுவர்’ என, போலீசார் எச்சரித்துள்ளனர். மருத்துவ கல்விக்கான, ‘நீட்’ தேர்வுக்கு எதிராக, தமிழகத்தில் போராட்டம் வலுத்து …

  • 'நீட்' தேர்வுக்கு எதிரான போராட்டங்களை உடனே...நிறுத்து

    by on September 8, 2017 - 0 Comments

    ‘நீட்’ தேர்வுக்கு எதிராக, அரசியல் கட்சிகள், அமைப்புகள் நடத்தி வரும் போராட்டங்களை உடனே நிறுத்தச் சொல்லி, உச்ச நீதிமன்றம் இடைக்கால தடை விதித்துள்ளது. ‘சட்டம் – ஒழுங்கை சீர்குலைக்கும் வகையில் போராட்டம் நடத்துபவர்களைக் கைது செய்து, ‘உள்ளே’ தள்ள வேண்டும்’ என்றும், உச்ச நீதிமன்றம் கூறியுள்ளது. …

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    by on September 8, 2017 - 0 Comments

    கோபி: கன்னட நடிகர் ராஜ்குமார் கடத்தல் வழக்கில், சம்பந்தப்பட்ட அனைவரும், செப்., 22ல் ஆஜராக, வாய்தா வழங்கி, கோபி நீதிமன்றம் உத்தரவிட்டது.ஈரோடு மாவட்டம், சத்தியமங்கலம், தாளவாடி அருகே, தோட்டத்தில் தங்கியிருந்த கன்னட நடிகர் ராஜ்குமாரை, சந்தன கடத்தல் வீரப்பன் மற்றும் அவனது கூட்டாளிகள் …

  • பள்ளி குழந்தைகள் பாதுகாப்பு : 15ல் உச்ச நீதிமன்றம் விசாரணை

    by on September 12, 2017 - 0 Comments

    புதுடில்லி: பள்ளி செல்லும் குழந்தை களின் பாதுகாப்பு குறித்த விதிமுறைகளை, முழு வீச்சில் அமல்படுத்தக் கோரி, உச்ச நீதிமன்றத்தில், பெண் வழக்கறிஞர்கள் இருவர் தாக்கல் செய்த பொதுநல மனு, 15ல் விசாரணைக்கு வருகிறது.அதிர்ச்சி : ஹரியானாவில் உள்ள தனியார் பள்ளியில், இரண்டாம் வகுப்பு படித்த மாணவன், கொலை …

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