சென்னை: ‘நில ஆர்ஜிதம் குறித்து, மாவட்ட அரசிதழில் அறிவிப்பு வெளியிட்டதை, தனி நீதிபதி ரத்து செய்தது சரி தான்’ என, சென்னை உயர் நீதிமன்றம் உத்தரவிட்டுள்ளது.கோவை கணபதி கிராமத்தில், ஏராளமான நிலங்களை, வீட்டுவசதி வாரியம் ஆர்ஜிதம் செய்தது. இதை எதிர்த்து, சென்னை உயர் நீதிமன்றத்தில் மனுக்கள் தாக்கல் …
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Madras HC Suspends Guidelines For Weeding Out Fake Lawyers; Will Examine Need For Recall After December Break
The Madras High Court has suspended the guidelines which it had framed last month with the aim of weeding out fraudulent lawyers.
The order has been suspended by Justice S. Vaidyanathan till 22 January, when the proposal to recall the order will also be examined. The suspension order, issued on the last working day before the Court closed for the break, directed:
“As members of various Bar Associations sought time to come up with suggestions to weed out fake practicing lawyers and that they have agreed to abide by the following conditions (which shall take effect from 02.01.2018) till the issue is resolved, without going into the aspect of 362 Cr.P.C. for the present, the order dated 21.11.2017 passed in Crl.O.P.No.21454 of 2016 is suspended till 22.01.2018…
…Whether the contention of Mr. P.V.S. Giridhar, learned counsel for the petitioner with regard to recalling the order dated 21.11.2017 passed in Crl.O.P.No.21454 of 2016, is justified or not will be considered after Pongal Holidays. List this matter on 22.01.2018. This Court hopes that the Bar members will come up with effective suggestions, without prolonging the matter further.”
Meanwhile, the following verification guidelines will come into effect from 2 January, 2018:
“(i) Vakalath/Memo of Appearance shall be filed along with clear photo Identity Cards of the Advocates-on-record; Advocates, who do not have photo Identity Cards, shall obtain the same from the Bar Council, without which, it shall not be entertained (This condition pertains only to those Vakalats filed from 02.01.2018);
(ii) Attesting Advocates shall also file proof of Identity Card to enable the Advocate-on-record to file it along with their Vakalat/Memo of Appearance;
(iii) In addition to the residential address, it is open to the Advocates-on-record as well as the Attesting Advocates to furnish their office address;
(iv) Petitions in Criminal cases can be filed in the form of a petition;
(v) All the Petitions filed before the Criminal Court shall be duly signed by the Advocate-on-record, on all pages together with Enrolment Number; Courts below are entitled to cross-check the proof produced, if they suspect the same.
(vi) Whenever the Identity Card is demanded for verification by any Court/Registry, the same shall be produced by the Advocates.“
The Court further clarified that if any litigant does not wish to continue with his counsel, the litigant shall immediately be handed over the case bundle without insisting on payment for return of bundle.
Besides, the Court also agreed to hear the representations made by various Advocates’ Associations, directing the Registrar General of the Court to issue a fresh Circular to all such Associations in the State, in order to enable them to appear before the Court on 22 January.
In line with its efforts to weed out fake lawyers or goondas and black and white with law degrees from letter pad colleges, the Court had laid down procedures to be followed for filing vakalat. These procedures were to be followed for filing cases before all Courts/ Tribunals in Tamil Nadu.
The Vaidyanathan had then ruled that “all Courts/Tribunals in Tamil Nadu shall have the power to demand the Identity Card/Enrolment Certificate/Address proof of an Advocate, if it has doubt and even direct them to produce copies of the same and refer it to the respective Bar Council for verification and if required, for necessary action”.
While the matter concerned anticipatory bail in a divorce case, the Court had noted that the Respondents had successfully suppressed material facts concerning the pendency of multiple anticipatory bail applications by frequently changing counsel. Besides, the enrolment number rendered by an Advocate who had represented the Respondents was false. Taking a stern view of the situation, the Court had then laid down the guidelines.
Soon after, several lawyers’ representatives had requested the Court to consider recalling the order, asserting that the such directives should not be issued on the judicial side. The Court had, however, declined to recall the order, primarily in view of the bar laid down in Section 362 of the Code of Criminal Procedure. Thereafter, a circular was issued by the Court in view of the order.
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A Delhi court has acquitted a woman’s father-in-law and brother-in-law in a 2002 dowry harassment case saying continuing the trial would violate the accused persons’ right to speedy trial as prosecution can never prove the allegations.
The court, while absolving the two men of the charges of cruelty to woman, breach of trust under the IPC and relevant provisions of the Prohibition of Dowry Act, noted that there was no eyewitness or any evidence to prove the complaint.
“In absence of evidence of the complainant and other material witnesses, the prosecution can never hope to prove the allegations levelled against the accused persons as none of the remaining witnesses are eyewitnesses to the incident or even circumstantial witness to the commission of the alleged offence,” Metropolitan Magistrate Deepti Devesh said.
The court said, “Right to speedy trial is a constitutionally guaranteed fundamental right of the accused.”
“The present case pertains to an FIR of the year 2002 and continuing the trial any further, when it is clear that the prosecution can never hope to prove its case against the accused, would tantamount to violation of right to speedy trial of the accused,” it said.
According to the prosecution, the woman had alleged that she was tortured by her in-laws for bringing insufficient dowry and an FIR was lodged in 2002. Later, a charge sheet was filed against them in 2004.
The court, while letting off the accused, did not record their statements under section 313 of the Criminal Procedure Code (CrPC) saying it would be “a waste of judicial time, money and resources and will also cause unnecessary oppression of the accused persons who have anyhow faced the ordeal of trial in the present case for almost 13 years.”
“Hence, recording of further evidence and statement of accused persons was dispensed with as nothing incriminating came on record or can come on record against the accused persons in the present case,” the court said.
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மதுரை:ராமநாதபுரம் வழக்கறிஞர் திருமுருகன். உயர்நீதிமன்ற மதுரைக் கிளையில் தாக்கல் செய்த பொதுநல மனு:ராமநாதபுரம்
மாவட்டத்தில் ராமநாதபுரம், பரமக்குடி, கமுதி, கீழக்கரை,
ராமேஸ்வரம், முதுகுளத்துார், கடலாடி, திருவாடானை, மண்டபம்,
பனைக்குளம், ஏர்வாடி, பார்த்திபனுார் அரசுமருத்துவமனைகள்
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சென்னை:சேலம் மாவட்டம், கல்வராயன் மலையில், சட்டவிரோதமாக மரங்கள் வெட்ட தடை கோரி, சென்னை உயர் நீதிமன்றத்தில் மனு தாக்கல் செய்யப்பட்டுள்ளது. ஆத்துார் தாலுகா, ராமநாயக்கன் பாளையத்தைச் சேர்ந்த, குணசேகரன்தாக்கல் செய்த மனு:நான்
விவசாயம் செய்து வருகிறேன். என் கிராமம் அருகே வனப் பகுதி உள்ளது. …
74 total views, 1 today
சென்னை:’நீதிமன்றத்தில் ஆஜராக, ‘வக்காலத்து’ படிவத்துடன், புகைப்படத்துடன் கூடிய அடையாள அட்டையையும், வழக்கறிஞர்கள் தாக்கல் செய்ய வேண்டும்’ என, சென்னை உயர் நீதிமன்ற பதிவுத்துறை அறிவித்துள்ளது.உயர் நீதிமன்ற நீதிபதி, வைத்தியநாதன் பிறப்பித்த உத்தரவின் அடிப்படையில், பதிவுத்துறை கீழ்கண்ட உத்தரவுகளை …
78 total views, 1 today
There have been cases where stickers of ‘press’, ‘army’, ‘police’ and ‘judges’ have been misused by criminal elements on vehicles used in crimes.
While in many cases, such stickers are bogus, there are times when original stickers are used on vehicles not used personally by the person to whom the sticker has been issued.
To avoid any misuse and to streamline the issuance of judges’ car parking sticker, guidelines have been put in place.
In a circular issued by the office of the Administrative Civil Judge (Central), it has been announced that the stickers would be issued only for vehicles which are being used by the judicial officer for her/ his office and personal use, and will carry their cadre number and vehicle number.
The stickers will be issued only for vehicles issued in the name of the judicial officers or their spouse.
All the officers of the Delhi Higher Judicial Services and Delhi Judicial Services have been told to ensure that stickers are used only on the vehicles for which they have been issued and “are not misused by any other person”.
The sticker would be valid for one calendar year and would be re-issued if mutilated or destroyed only on the submission of the damaged sticker.
“The sticker issued shall be in the name of Officer with cadre as well as vehicle number on it and no request shall be entertained to issue the sticker without the name or vehicle number of the office concerned,” it said.
Read the Circular Here
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Condonation Of Delay Scheme For Defaulting Companies’ Directors: Delhi HC Orders To Give Wide Publicity [Read Order]
In one such case titled Shikha Pahuja vs Ministry of Corporate Affairs and Anr, Justice Vibhu Bakhru of the Delhi High Court had ordered that wide publicity be given to the COD scheme.
The Ministry of Corporate Affairs (MCA) has issued its ‘Condonation of Delay Scheme, 2018’ after a large number of directors who were disqualified on account of default by a company in filing annual return or financial statement for a continuous period of three years, moved various high courts seeking relief from disqualification.
The Condonation of Delay (COD) scheme will benefit 3,09,614 directors associated with the companies that had failed to file financial statements or annual returns in the MCA21 online registry for a continuous period of three financial years 2013-14 to 2015-16 as per Section 164(2) of the Companies Act.
The scheme will come into effect from January 1, 2018, and will remain in force up to March 31, 2018.
The COD-2018 is not applicable to companies which have been stuck off from the register of companies under Section 248(5) of the Act (companies who are out of business).
During the validity of the scheme, the DINs of the disqualified directors will be temporarily activated to enable them to file the overdue documents.
A defaulting company can fill up the e-form and pay Rs 30,000 as fee for availing the COD scheme.
The COD scheme has been launched following a spate of representations from the industry and various petitions in different high courts.
In one such case titled Shikha Pahuja vs Ministry of Corporate Affairs and Anr,Justice Vibhu Bakhru of the Delhi High Court had ordered that wide publicity be given to the COD scheme.
The court said so when the director of a company moved the high court in October 2017, saying her name features in the list of disqualified directors issued by the MCA and that she was not issued any show cause notice prior to the disqualification.
She later withdrew her petition when the court was informed about the COD scheme saying she would want to avail of the same.
“It would be apposite to ensure that wide publicity is given to the Condonation of Delay Scheme – 2018. The Registrar (Computers), High Court of Delhi is directed to forthwith place the scheme on the website of this Court,” Justice Bakhru had ordered.
It is to be noted that the Companies Act requires all companies to file their annual financial statements with the Registrar of Companies.
Section 164(2) provides for disqualification of director of company in default.
The MCA had earlier also launched a ‘Company Law Settlement Scheme 2014’ providing an opportunity to the defaulting companies to clear their defaults within the time specified therein.
In September 2017, the MCA identified 3,09,614 directors associated with the companies that had failed to file financial statements or annual returns in the MCA21 online registry from 2013-14 to 2015-16 and barred them from accessing the online registry.
A list of such directors was published on the website of MCA.
Following this, the MCA received many representations while many affected parties moved various high courts pursuant to which the COD scheme has been launched.
Read the Notification & Orders Here
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Speaking on the occasion, Hardeep S Puri said that now a days Delhi is facing several challenges and the most critical challenge is population pressure.
All the time in Delhi there is traffic congestion and the Government is taking several steps for decongestion and the construction of this flyover is part of it. This flyover would cater to around 16 lac commuters daily.
He also added that as the Land Pooling Policy is ready to be rolled out there will be more construction activities and surely vehicular traffic will increase.
For smooth flow of traffic in the area, Puri also said that there is a need for Phase-4 of Metro Project and he would like to appeal to the Chief Minister of Delhi to prepare a proposal and submit it for finalization by Govt. of India. Union Minister assured that the flyover would be completed in 15 months.
45 total views, 2 today
The Lok Sabha has passed the Insolvency and Bankruptcy Code (Amendment) Bill -2017.The bill prohibits certain persons from submitting a resolution plan in case of defaults.
These include wilful defaulters, promoters or management of the company if it has an outstanding non-performing debt for over a year.
The Bill also has provisions to bar the sale of property of a defaulter to such persons during liquidation. Earlier, Finance Minister Arun Jaitley moved the bill for the consideration and passing.
38 total views, 1 today