Vacation sitting details for Supreme Court - May -2009.

TO BE PUBLISHED IN PART III SECTION I OF THE GAZETTE OF INDIA
SUPREME COURT OF INDIA
F.NO. 44/2009/SCA (GENL.)
Dated, New Delhi 16th April, 2009
N O T I F I C A T I O N
In pursuance of Rule 4 of Order II of the Supreme Court Rules, 1966 (as
amended), Hon'ble the Chief Justice of India has directed that the Supreme Court will be closed for the annual Summer Vacation from Monday, May 18, 2009 to Sunday
July 5, 2009 ( both days inclusive) and will reopen on Monday, July 6, 2009.
Under Rule 6 of Order II of the Supreme Court Rules, 1966 ( as amended),
Hon'ble the Chief Justice of India has nominated the following Division Benches for
hearing of urgent miscellaneous matters and old regular matters during the Summer
Vacation for the period from May 18 to June 3, 2009, June 4 to June 19, 2009 and
June 20 to July 5, 2009 :-
1st PART OF VACATION (18.05.2009 to 03.06.2009)
1 For the period from
18.05.09 to 03.06.09
(i) Hon'ble Mr Justice
Markandey Katju
(ii) Hon'ble Dr. Justice
Mukundakam Sharma
For hearing urgent
miscellaneous matters
on Mondays and old
regular matters from
Tuesdays to Fridays

2 For the period from
18.05.09 to 31.05.09
(i) Hon'ble Mr Justice
V.S. Sirpurkar
(ii) Hon'ble Mr. Justice
R. M. Lodha
For hearing regular
matters from Mondays
to Fridays

IInd PART OF VACATION (04.06.2009 to 19.06.2009)
3 For the period from
04.06.09 to 19.06.09
(i) Hon'ble Mr. Justice
B. Sudershan Reddy
(ii) Hon'ble Mr. Justice
Aftab Alam
For hearing urgent
miscellaneous matters
on Mondays and old
regular matters from
Tuesdays to Fridays

IIIrd PART OF VACATION (20.06.2009 to 05.07.2009)
4 For the period from
21.06.09 to 05.07.09
(i) Hon'ble Mr. Justice
Dalveer Bhandari
(ii) Hon'ble Mr. Justice
Asok Kumar Ganguly
For hearing urgent
miscellaneous matters
on Mondays and old
regular matters from
Tuesdays to Fridays
5 For the period from
20.06.09 to 05.07.09
(i) Hon'ble Mr. Justice
G. S. Singhvi
(ii) Hon'ble Mr. Justice
H. L. Dattu
For hearing regular
matters from Mondays
to Fridays

During summer vacation the Registry will remain open from 10.00a.m. to 4.30
p.m. on all days except Saturdays (other than July 4, 2009), Sundays and holidays,
when it shall remain closed. Class -IV staff, however, will remain on duty from 9.30.a.m. to 5.00 p.m. On Saturday, 4th July, 2009, the Registry will remain open as
usual.
( Ashok Kumar )
Registrar ( Admn. Genl. )
16- 4- 2009
Tel : ( O ) 23382202
( R) 26877008

To
The Manager,
Government of India Press,
Faridabad ( Haryana)
TO BE PUBLISHED IN PART III SECTION I OF THE GAZETTE OF INDIA
SUPREME COURT OF INDIA
F.NO. 44/2008/SCA (Genl.)
Dated, New Delhi 12th May, 2009

N O T I F I C A T I O N
In partial modification of Notification of even number dated 16th April, 2009
notifying the composition and sitting of the Division Benches of Hon'ble Judges as
Vacation Judges during the Summer Vacation of the Supreme Court from Monday,
May 18, 2009 to Sunday, July 5, 2009 ( both days inclusive), it is hereby notified that Hon'ble the Chief Justice of India has nominated the following Division Benches during the first part of the vacation as Vacation Judges for hearing urgent Miscellaneous matters and regular matters during the Summer Vacation, 2009 :-

For the Period From ( 18.5.2009 to 3.06.2009 )
(1) Hon'ble Mr Justice
Markandey Katju
(ii) Hon'ble Mr. Justice
Deepak Verma

For hearing urgent miscellaneous matters on
Mondays and regular matters from Tuesdays
to Fridays.
For the Period From ( 18.05.2009 to 31.05.2009 )
(i) Hon'ble Mr. Justice
V.S. Sirpurkar
(ii) Hon'ble Mr. Justice
R.M. Lodha

For hearing regular matters from Mondays to
Fridays.

For the Period From 18.05.2009 to 31.05.2009 )
(1) Hon'ble Dr. Justice
Mukundakam Sharma
(ii) Hon'ble Dr. Justice
B.S. Chauhan
For hearing regular matters from Mondays to
Fridays.
Rest of the aforesaid Notification dated 16th April, 2009 remains
unchanged.
Sd/-
( Ashok Kumar)
Registrar ( Admn. Genl. )
Tel : ( O ) 23382202
( R) 26877008
To
The Manager,
Government of India Press,
Faridabad ( Haryana)
Copy to :
All concerned

BLOGGERS BE CAREFUL...

A 19-year-old blogger's case could forever change the ground rules of blogging. Bloggers may no longer express their uninhibited views
on everything under the sun, for the Supreme Court said they may face libel and even prosecution for the blog content.

It will no longer be safe to start a blog and invite others to register their raunchy, caustic and even abusive comments on an issue while seeking protection behind the disclaimer — views expressed on the blog are that of the writers.

This chilling warning emerged as a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam refused to protect a 19-year-old Kerala boy, who had started a community on Orkut against Shiv Sena, from protection against summons received from a Maharashtra court on a criminal case filed against him.

Petitioner Ajith D had started a community on Orkut against Shiv Sena. In this community, there were several posts and discussions by anonymous persons who alleged that Shiv Sena was trying to divide the country on region and caste basis.

Reacting to these posts, the Shiv Sena youth wing's state secretary registered a criminal complaint at Thane police station in August 2008 based on which FIR was registered against Ajith under Sections 506 and 295A pertaining to hurting public sentiment.

After getting anticipatory bail from Kerala HC, Ajith moved the Supreme Court through counsel Jogy Scaria seeking quashing of the criminal complaint
on the ground that the blog contents were restricted to communication within the community and did not have defamation value. He also pleaded that there was threat to his life if he appeared in a Maharashtra court.

A computer science student, Ajith pleaded that the comments made on the blog were mere exercise of their fundamental right to freedom of expression and speech and could not be treated as an offence by police.

Unimpressed, the Bench said, "We cannot quash criminal proceedings. You are a computer student and you know how many people access internet portals. Hence, if someone files a criminal action on the basis of the content, then you will have to face the case. You have to go before the court and explain your conduct."

Three fold salary hike to judges....justified but still...

NEW DELHI: The Lok Sabha on Thursday gave its approval for a three-fold salary hike to judges but not before members expressed concern over the
incidence of corruption in the judiciary, rising pendency of cases and long vacations that the courts continued to take.

The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2008, proposes to increase the salary of the Chief Justice of India from Rs 33,000 to Rs 1 lakh per month and that of other apex court judges from Rs 30,000 to Rs 90,000 per month.

It seeks to increase the salary of the Chief Justices of high courts from Rs 30,000 to Rs 90,000 per month and that of HC judges from Rs 26,000 to Rs 80,000 per month.

Replying to the debate on the Bill, law minister H R Bhardwaj touched upon the issue of Parliament being the supreme institution and called corruption in the judiciary a serious matter.

Referring to cases of corruption, Bhardwaj said, "There is public disquiet and criticism over cases of corruption in the judiciary. I am cognizant of that. I have told the Chief Justice of India that your in-house procedure is weakening and you require statutory support.''

Bhardwaj, however, expressed his helplessness in taking any action against judges who were suspected of wrong-doing. He said that any action could only be taken after amendments to the Constitution. "But this is an area where even angels fear to tread. We are tinkering with the judiciary, we have to be very careful,'' he added.

The minister nevertheless added that corruption cases were "vagaries'' of recent origin.

Earlier, during the debate, several members voiced concern over, what they claimed, the "increasing corruption" in the judiciary and said some amendments in law, especially with regard to appointment and removal of judges, should be brought for greater accountability.

"The judiciary is not accountable to anybody. The only process (of removal) is through impeachment which is not practical," CPM member Varkala Radhakrishnan said. He demanded setting up of a National Judicial Commission and said the fact that Parliament had no voice in appointment of judges was "ridiculous".

Prasanna Acharya (BJD) questioned the practice of "judges appointing judges" and legislators legislating on the increase in their own salaries. "Both of these are unique to India and both are bad," he said.

Lawyers to the rescue again

SC holds "tainted" judge's appointment to consumer fora illegal
New Delhi, May 12: The Supreme Court has upheld the Madras High Court's decision quashing the appointment of Justice N Kannadasan, a former additional judge of the Madras High Court, as president of Tamil Nadu State Consumer Commission as illegal and in violation of statutory norms.

Justice Kannadasan's appointment was challenged by certain persons in the Madras High Court on the ground that he did not retire as an additional judge as he was not confirmed as an additional judge since he had "questionable intergrity."

Under the Consumer Protection Act, a retired judge or an additional judge of an high court is appointed as president of the State Consumer Commission.

Challenging the high court's judgement, Justice Kannadasan and the state government filed the appeal in the apex court.

Interpeting Section 16 of the Consumer Protection Act, the apex court said the provision envisages a limit on the power of both the state as also the Chief Justice in making an appointment.

"The facts relevant for such an appointment must be placed before both the statutory authorities. One of such facts is that an additional judge, for one reason or the other, was found not fit to be made permanent or to be given an extension of his tenure. Indisputably, a person having doubtful integrity should neither be recommended by the High Court nor appointed by the state government," the bench of Justices S B Sinha and Mukundakam Sharma observed.

Posted by Mr.T Mohan

LETS FORCE THE POLITICIANS TO ACT NOW...

IS INDIA A POOR COUNTRY?

Revelation of Swiss bank accounts

This is so shocking.......If black money deposits was an Olympics event.... India would have won a gold medal hands down. The second best Russia has 4 times lesser deposit. U.S. is not even there in the counting in top five! India has more money in Swiss banks than all the other countries combined!

Recently, due to international pressure, the Swiss government agreed to disclose the names of the account holders only if the respective governments formally asked for it Indian government is not asking for the details.......no marks for guessing why?

We need to start a movement to pressurise the government to do so! This is perhaps the only way, and a golden opportunity, to expose the high and mighty and weed out corruption!

Please read on......and forward to all the honest Indians to.....like somebody is forwarding to you.......and build a ground-swell of support for action!

Is India poor, who says? Ask the Swiss banks. With personal account deposit bank of $1,500 billion in foreign reserve which have been misappropriated, an amount 13 times larger than the country's foreign debt, one needs to rethink if India is a poor country?
DISHONEST INDUSTRIALISTS, SCANDALOUS POLITICIANS, CORRUPT IAS, IRS, IPS officers have deposited in foreign banks in their illegal personal accounts a sum of about $1500 billion, which have been misappropriated by them. This amount is about 13 times larger than the country's foreign debt. With this amount 45 crore poor people can get Rs 1,00,000 each. This huge amount has been appropriated from the people of India by exploiting and betraying them. Once this huge amount of black money and property comes back to India , the entire foreign debt can be repaid in 24 hours. After paying the entire foreign debt, we will have surplus amount, almost 12 times larger than the foreign debt. If this surplus amount is invested in earning interest, the amount of interest will be more than the annual budget of the Central government. So even if all the taxes are abolished, then also the Central government will be able to maintain the country very comfortably.

Just read the following details and note how these dishonest industrialists, scandalous politicians, corrupt officers, cricketers, film actors, illegal sex trade and protected wildlife operators, to name just a few, sucked this country's wealth and prosperity. This may be the picture of deposits in Swiss banks only. What about other international banks?

Black money in Swiss banks -- Swiss Banking Association report, 2006 details bank deposits in the territory of Switzerland by nationals of following countries:

TOP FIVE

INDIA
$1,456 BILLION

RUSSIA
$470 BILLION

U.K.
$390 BILLION

UKRAINE
$100 BILLION

CHINA
$96 BILLION


Now do the math - India with $1,456 billion or $1.4 trillion has more money in Swiss banks than rest of the world combined. Public loot since 1947:

Can we bring back our money? It is one of the biggest loots witnessed by mankind -- the loot of the Aam Aadmi (common man) since 1947, by his brethren occupying public office. It has been orchestrated by politicians, bureaucrats and some businessmen.
he list is almost all-encompassing. No wonder, everyone in India loots with impunity and without any fear. What is even more depressing in that this ill-gotten wealth of ours has been stashed away abroad into secret bank accounts located in some of the world's best known tax havens. And to tha extent the Indian economy has been stripped of its wealth. Ordinary Indians may not be exactly aware of how such secret accounts operate and what are the rules and regulations that go on to govern such tax havens. However, one may well be aware of 'Swiss bank accounts,' the shorthand for murky dealings, secrecy and of course pilferage from developing countries into rich developed ones.

In fact, some finance experts and economists believe tax havens to be a conspiracy of the western world against the poor countries. By allowing the proliferation of tax havens in the twentieth century, the western world explicitly encourages the movement of scarce capital from the developing countries to the rich. In March 2005, the Tax Justice Network (TJN) published a research finding demonstrating that $11.5 trillion of personal wealth was held offshore by rich individuals across the globe.

The findings estimated that a large proportion of this wealth was managed from some 70 tax havens. Further, augmenting these studies of TJN, Raymond Baker -- in his widely celebrated book titled 'Capitalism's Achilles Heel: Dirty Money and How to Renew the Free Market System' -- estimates that at least $5 trillion have been shifted out of poorer countries to the West since the mid-1970.

It is further estimated by experts that one per cent of the world's population holds more than 57 per cent of total global wealth, routing it invariably through these tax havens. How much of this is from India is anybody's guess.

What is to be noted here is that most of the wealth of Indians parked in these tax havens is illegitimate money acquired through corrupt means. Naturally, the secrecy associated with the bank accounts in such places is central to the issue, not their low tax rates as the term 'tax havens' suggests. Remember Bofors and how India could not trace the ultimate beneficiary of those transactions because of the secrecy associated with these bank accounts?