SDO told to compensate complainant

Chandigarh, December 23

The District Consumer Disputes Redressal Forum-I has directed SDO, sub-division office, electricity department, Sector 40-B, to pay Rs 5,000 as litigation charges to a resident of Maloya village near Chandigarh.

The forum comprising president PD Goel and members Rajinder Singh Gill and Madanjit Kaur Sahota also quashed the sundry charges raised in the bills from the month of October, 2010, to June, 2011, as the respondents failed to prove any evidence.

The complainant, Lakhmir Singh, submitted that in the month of September, 2010, the said tubewell did not work due to some defect and he installed a new tubewell about 60m away from the old one, and thereafter, requested the opposite party to transfer the connection on October 1, 2010, so that he could use the new tubewell. However, on October 7, he received a provisional assessment letter with regard to illegal demand of Rs 42,195 on account of theft of energy. The opposite party again sent bill dated November 9, 2010, in which the amount of Rs 42,602 was added as sundry charges. He received another bill dated December 10, 2010, for Rs 47,148.

The counsel for the opposite party averred that the electricity connection of the complainant was checked on September 30, 2010, and the complainant was found using “kundi connection”. Accordingly an amount of Rs 42,195 was charged on account of average for the period April 30, 2009, to September 30, 2010, at the rate of Rs 882 per unit, (per month) at domestic rate as the tubewell connection was being used for cattle shed as well as for service station. The complainant was advised to apply on proper A & A Form, along with proof of ownership, and also to pay the pending electricity bills for shifting the meter. However, he shifted the meter without any approval from the opposite party. It was further averred that the amount of Rs 49,187 was still outstanding, which the complainant had not paid.

The forum further observed that the report given by the checking officer had not been supported by any affidavit. “The report loses its evidential value and is not sufficient to prove that the complainant committed any theft.”

Non-signatory can’t be made accused: HC

Chandigarh, December 23

In a significant judgment, the Punjab and Haryana High Court has made it clear that a bounced cheque complaint under Section 138 of the Negotiable Instruments Act is not maintainable against a person, “who has neither issued the cheque nor the same has been issued from his account.”

Taking up a petition filed by Navjot Kaur against INSCOL, Justice Alok Singh of the High Court asserted: “The short question involved in the present case is as to whether a person, who is neither a signatory of the cheque, nor has issued cheque, can be made accused in a complaint under Section 138 of the Negotiable Instruments Act?.

“No complaint under Section 138 is maintainable against the person who has neither issued the cheque nor the same was issued from her account.”

INSCOL had earlier filed a complaint against Avtar Singh and his daughter Navjot Kaur. The complainant alleged that Navjot Kaur had secured admission to foreign nursing course; and her father issued an account payee cheque dated September 16, 2007, for Rs 1,25,000.

On the presentation, the cheque was dishonoured due to insufficient funds, after which a complaint was filed before a Magistrate on November 27, 2007.

After hearing the arguments and going through the documents, Justice Alok Singh ruled: “From the perusal of Section 138, I have no hesitation to hold that complaint under Section 138 can only be filed against the person, who has drawn the cheque on an account maintained by him with the banker for payment of any amount of money. 

FOUL CONTENT

Court asks networking sites to face trial

New Delhi, December 23
In yet another blow to 21 social networking sites, including Facebook, Microsoft, Google, Yahoo and YouTube, a Delhi court today issued summons to them for facing trial for allegedly webcasting objectionable contents.
Metropolitan Magistrate (MM) Sudesh Kumar took cognisance on a private criminal complaint and has directed the Centre for taking “immediate appropriate steps” and also file a report in the court by January 13.
The court’s order came three days after another court in a civil case had restrained these sites, including Facebook, Google and YouTube from webcasting any “anti-religious” or “anti-social” content promoting hatred or communal disharmony.
The magistrate has summoned the accused companies to face trial for allegedly committing the offence punishable under various sections of the Indian Penal Code.

Rupee ends lower, skids for third straight week

Mumbai, December 23
The Indian rupee ended weaker on Friday, posting its third straight week of losses, as concerns over slowing growth pushed domestic equities lower and as importers stepped up dollar buys for monthend payments.
Volumes in the dollar-rupee market were thin, with traders preferring to stay on the sidelines ahead of the yearend.
Actions taken by the Reserve Bank of India over the last few days to curb speculation in the currency that hit a record low of 54.30 to the dollar on Dec 15 kept trading appetite subdued, dealers said.
The rupee ended at 52.9600/9675 to the dollar, weaker compared with Thursday's close of 52.7200/7300. It had touched a high of 52.6350 in opening trades. The unit has lost 0.5 percent this week.
"The RBI moves and the yearend factor have caused volumes to drop (in dollar-rupee trade)," said a senior foreign exchange trader at a large private sector bank. "This situation is likely to continue till the new year begins. Until then rupee should move in 52 to 53 band," he said.
Although investors slightly increased their bearish bets against the Indian rupee compared to two weeks ago, a Reuters poll showed on Friday, many analysts think most potential negative factors have been taken into account.
"We believe the depreciation momentum is petering out and the rupee should find a top around current levels of 52.50-53.50," said Abheek Barua, chief economist at HDFC Bank in a research note on Friday. He added the RBI's recent steps to curb speculation have reduced volatility in the dollar-rupee market. 

Sensex snaps two-day rally, slips 75 pts After two days of continuous gains, the stock market on Friday suffered mild losses and its barometer, the Sensex, slipped 75 points, dragged by the market leader Reliance Industries and some banking bluechips. The BSE's 30-share benchmark index settled at 15,738.70 points, down 74.66 points or 0.47% from its previous close. The index had gained more than 600 points in the past two days, but only after a huge fall of over 800 points in the five consecutive trading sessions.

Bhanwari case: Key accused surrenders

Jodhpur, December 23
Key absconding accused in Bhanwari Devi abduction case Sahiram Bishnoi, who carried a reward of Rs 5 lakh, today surrendered before the special court here and was remanded in the CBI custody till January 2.

Considered close to sacked Rajasthan minister Mahipal Maderna, already behind bars, Sahiram, who had been absconding since Bhanwari Devi went missing on September 1, appeared before the special court here and surrendered.

His counsel Ramavtar Singh Choudhary told the court that Bishnoi was on a "pilgrimage" for the past three months and when he learnt that his property was being attached and his family members were being allegedly harassed by the CBI, he reached the city and surrendered before the court. The court remanded him in CBI custody till January 2.

"After sustained interrogation and widespread search operations by CBI, absconding accused Sahiram surrendered today in the special court at Jodhpur," CBI spokesperson Dharini Mishra said in New Delhi.

She further said investigation is on to unearth the larger conspiracy so as to identify the other conspirators and perpetrators of this crime.

One of the key accused Shahbuddin has told CBI that he had abducted Bhanwari in September on the directions of Bishnoi, CBI sources said.

Bhanwari went missing on September 1 and Maderna is accused of having a role in her disappearance.

Lambi to witness battle of Badals

SAD releases first list of 48 candidates

TURF WAR

n CM Parkash Singh Badal to contest from Lambin CM’s brother Gurdas Badal likely PPP candidaten Sukhbir Badal’s name  not in the first listn Darbara Singh Guru, principal secretary to  CM (he resigned today) and PS Gill, former DGP, figure in the list.n Out of 117 seats, SAD will contest 94 leaving  23 to ally, BJPn Speaker Nirmal Singh Kahlon, 10 Akali ministers among nominees

Chandigarh, December 23
The Shiromani Akali Dal (SAD) has released its first list of party nominees for the forthcoming Assembly elections in the state.

Putting all speculations to rest, Chief Minister Parkash Singh Badal will recontest the Lambi constituency. He has sent out a clear signal that there was very little possibility of a rapprochement with estranged nephew Manpreet Badal and that Lambi would see a battle within the family.

Badal’s nomination at the beginning of the 48-member list that was released today is in line with the party’s recently adopted strategy of projecting the Chief Minister as the party’s chief ministerial candidate instead of his son and Deputy Chief Minister Sukhbir Singh Badal, who is the president of SAD.

Out of the 117 seats, SAD will contest 94. Alliance partner BJP will put up candidates for the remaining 23. Today’s list was on expected lines and contained names of many important leaders of the party.

The first list contains 14 new faces. The candidates on the seats swapped between the SAD and the BJP, namely Amritsar (East), Garshankar, Batala and Ludhiana (West), have also reportedly been finalised, but have been withheld on the request of the BJP that does not want to foment trouble in the party ahead of the BJP’s Jalandhar rally tomorrow.

As a result of the switch, the BJP gets Ludhiana (West) and Amritsar (East) while SAD will contest from Garshankar and Batala.

The list released today includes the names of Punjab Vidhan Sabha Speaker Nirmal Singh Kahlon and 10 out of the 12 Akali ministers in the Parkash Singh Badal Cabinet. Education Minister Sewa Singh Sekhwan’s name does not figure in the first list, but party sources confirmed that he was tipped to contest from Batala. Capt Balbir Singh Bath will be the only minister not to get re-nominated on any seat. Sukhbir Badal’s name also doesn’t figure in the first list.

The first list also includes the names of all three SAD parliamentary secretaries. In all, six women figure in the list of 48 which includes Kuldip Kaur Tohra, daughter of late Gurcharn Singh Tohra. Incidentally, she is the only person from the erstwhile Tohra faction that finds a mention in the list.

Ludhiana (West), which had been promised to Maheshinder Singh Grewal, has been given by SAD to BJP former president Rajinder Bhandari.

Twenty-four out of the 48 names released today are those of sitting party MLAs and nine ex-MLAs. In the list, five names are for reserved seats, while 43 are of the general category.

Storm over sub-quota for minorities

BJP warns of civil war as govt pushes ahead with 4.5% share in jobs within OBC pie

New Delhi, December 23
Even as the BJP and Vishwa Hindu Parishad ominously warned the government that its decision to fix a sub-quota for minorities within the quota for OBCs had the potential of triggering a ‘civil war’, the government pushed ahead with formalities to notify the Union Cabinet decision, so that the quota can come into effect from January 1, 2012. Backward castes and communities belonging to the five listed religious minorities of India — Muslims, Sikhs, Buddhists,Christians and Parsis — will be entitled to 4.5 per cent sub-quota within the existing 27 pc reservation currently available to OBCs for appointment and admission to central government institutions. Even Sikh OBCs will benefit. Since the sub-quota has been carved out for five nationally declared minorities, backward OBCs from these minorities will get the benefit even if they are a majority in a given state. So OBC Sikhs who figure in Central OBC list for Punjab will get benefit under this sub quota,” Supreme Court advocate H.S. Phoolka clarified today. The ‘pre-poll gimmick’ has sharply divided political parties, with the BJP describing it as ‘divisive’ and Left Parties saying it is ‘inadequate’. The Congress claimed the UPA has merely fulfilled a pre-poll promise while the Samajwadi Party demanded a higher quota for both OBCs and Muslims on the basis of their population.

Indeed, sources in the government said that the 4.5 pc sub-quota could be revised upwards after the Government receives the final figures of Census 2011 and the Caste Census currently in progress. The current sub- quota is an interim measure based on the OBC population estimates the Mandal Commission had extrapolated based on the 1931 Census data.

The sub quota will specially benefit Muslim OBCs from states like Uttar Pradesh and Bihar where the population of Muslim OBCs has been on the rise. In case of UP, the growth in Muslim OBC population (as per National Sample Survey Organisation rounds which Sachar Committee used) was 17.6 pc in five years.

ਭਾਰਤੀ ਔਰਤ ਵਲੋਂ ਅਨਪੜ੍ਹ ਪਤੀ ਨੂੰ ਇੰਗਲੈਂਡ ਮੰਗਵਾਉਣ ਦੀ ਅਪੀਲ ਖਾਰਜ

ਬਰਮਿੰਘਮ, 23 ਦਸੰਬਰ (ਪਰਵਿੰਦਰ ਸਿੰਘ)-ਭਾਰਤ ਜਿਹੇ ਅੰਗਰੇਜ਼ੀ ਨਾ ਬੋਲਣ ਵਾਲੇ ਮੁਲਕਾਂ ਦੇ ਆਵਾਸੀਆਂ ਨਾਲ ਸਖਤੀ ਕਰਦਿਆਂ ਬਰਤਾਨਵੀ ਹਾਈ ਕੋਰਟ ਨੇ ਉਹ ਕਾਨੂੰਨੀ ਚੁਣੌਤੀ ਖਾਰਜ ਕਰ ਦਿੱਤੀ ਜੋ ਆਪਣੇ ਜੀਵਨ ਸਾਥੀਆਂ ਨਾਲ ਰਹਿਣ ਲਈ ਯੂ.ਕੇ. ਆਉਣ ਵਾਲੇ ਲੋਕਾਂ ਦੇ ਅੰਗਰੇਜ਼ੀ ਬੋਲ ਸਕਣ ਦੇ ਸਮਰੱਥ ਹੋਣ ਦੇ ਨਵੇਂ ਇਮੀਗ੍ਰੇਸ਼ਨ ਨਿਯਮ ਵਿਰੁੱਧ ਦਾਇਰ ਕੀਤੀ ਗਈ ਸੀ। ਬਰਤਾਨਵੀ ਨਾਗਰਿਕ ਰਸ਼ੀਦਾ ਚਾਪਤੀ (54) ਤੇ ਉਹਦਾ 57 ਸਾਲਾ ਭਾਰਤੀ ਪਤੀ ਵਲੀ ਚਾਪਤੀ ਇਸ ਕੇਸ ਦੇ ਤਿੰਨ ਦਾਅਵੇਦਾਰਾਂ 'ਚੋਂ ਇਕ ਜੋੜਾ ਸਨ।ਇਸ ਜੋੜੇ ਦੇ ਵਿਆਹ ਨੂੰ 37 ਵਰ੍ਹੇ ਹੋ ਚੁੱਕੇ ਹਨ ਤੇ ਇਨ੍ਹਾਂ ਦੇ 6 ਬੱਚੇ ਹਨ ਪਰ ਉਹ 15 ਸਾਲ ਤੋਂ ਲੈਸਟਰ ਤੇ ਭਾਰਤ ਵਿਚਾਲੇ ਵੰਡੇ ਰਹੇ ਪਰ ਵਲੀ ਚਾਪਤੀ ਅੰਗਰੇਜ਼ੀ ਬੋਲਣੀ-ਪੜ੍ਹਨੀ ਨਾ ਜਾਨਣ ਕਾਰਨ ਬਰਤਾਨੀਆ ਪੁੱਜਣੋਂ ਅਸਮਰੱਥ ਹੈ। ਚੁਣੌਤੀ 'ਚ ਕਿਹਾ ਗਿਆ ਸੀ ਕਿ ਨਵੰਬਰ 2010 'ਚ ਲਾਗੂ ਹੋਇਆ ਨਵਾਂ ਨਿਯਮ ਨਸਲ ਤੇ ਕੌਮੀਅਤ ਦੇ ਆਧਾਰ 'ਤੇ ਪੱਖਪਾਤ ਹੈ ਪਰ ਜਸਟਿਸ ਬੀਟਸਨ ਦਾ ਕਹਿਣਾ ਹੈ ਕਿ ਇਹ ਨਿਯਮ ਸਹੀ ਹੈ ਤੇ ਪਰਿਵਾਰਕ ਜ਼ਿੰਦਗੀ ਦੇ ਅਧਿਕਾਰ 'ਚ ਦਖਲਅੰਦਾਜ਼ੀ ਨਹੀਂ ਹੈ। ਅਦਾਲਤ 'ਚ ਸ੍ਰੀਮਤੀ ਚਾਪਤੀ ਦੇ ਵਕੀਲਾਂ ਨੇ ਦਾਅਵਾ ਕੀਤਾ ਸੀ ਕਿ ਇਹ ਨਵਾਂ ਨਿਯਮ ਜੋੜੇ ਦੇ ਮਾਨਵੀ ਹੱਕਾਂ ਦੀ ਉਲੰਘਣਾ ਸੀ। ਇਹ ਲੋਕਾਂ ਦੀ ਨਾਗਰਿਕਤਾ ਤੇ ਨਸਲ ਦੇ ਅਧਾਰ 'ਤੇ ਵੀ ਭੇਦਭਾਵ ਵਾਲਾ ਕਾਨੂੰਨ ਹੈ। ਪਰ ਅਦਾਲਤ ਨੇ ਮੰਨਿਆ ਕਿ ਭਾਸ਼ਾ ਦੀ ਜਾਣਕਾਰੀ ਦੀ ਸ਼ਰਤ ਜੋੜੇ ਦੇ ਮਾਨਵੀ ਹੱਕਾਂ ਦੀ ਉਲੰਘਣਾ ਨਹੀਂ ਤੇ ਨਾ ਹੀ ਇਹ ਨਾਗਰਿਕਤਾ ਘੱਟ ਗਿਣਤੀ ਫਿਰਕੇ ਜਾਂ ਅਯੋਗਤਾ ਦੇ ਅਧਾਰ 'ਤੇ ਭੇਦਭਾਵ ਕਰਦੀ ਹੈ। ਸ੍ਰੀਮਤੀ ਚਾਪਤੀ, ਵਾਸੀ ਲੈਸਟਰ, ਜੋ ਖੁਦ ਅੰਗਰੇਜ਼ੀ ਦੀ ਥੋੜ੍ਹੀ ਬਹੁਤ ਜਾਣਕਾਰੀ ਰੱਖਦੀ ਹੈ ਨੇ ਟਰਾਂਸਲੇਟਰ ਦੀ ਮੱਦਦ ਨਾਲ ਕਿਹਾ ਕਿ ਉਸ ਨੂੰ ਇਸ ਫੈਸਲੇ ਨਾਲ ਕਾਫੀ ਨਿਰਾਸ਼ਤਾ ਹੋਈ ਹੈ।