Good Samaritan: Delhi Cop returns lost bag with cash


Cop returns lost bag with 5L to its owner

Raj Shekhar TNN

Cop returns lost bag with 5L to its owner

Raj Shekhar TNN

GOOD SAMARITAN:

Constable Dharmvir found the passenger’s bag with cash and valuables

at a scanner in Nizamuddin station

 

       New Delhi:Had it not been for an alert cop, a 42-year-old man would have never got back his savings and valuables which he had lost at Nizamuddin station. Constable Dharmvir not only found the bag at a scanner machine but also returned it intact to the owner. 

    Shailendra Dhar, a resident of Mayur Vihar, approached the police on Friday evening after losing his bag containing around Rs 5 lakh, electronic gadgets like his iPad and camera, and his medicines for his spinal problem. A senior media professional, he was going to catch Chhattisgarh Sampark Kranti Express for his hometown Bilaspur.

       “A porter was carrying most of the baggage while I had this bag and my tripod. When we crossed the scanner around 5pm and went a little ahead towards the platform, I noticed that my shoulder bag was missing. I panicked and checked everywhere but could not find it,” Dhar said.
He approached police at Nizamuddin station. Additional DCP Sanjay Bhatia was informed and police started looking for the bag. “Its details were flashed at all exit and entry points and all points of suspicion were searched ,” Ravindra Yadav, additional CP, crime and railways, said.

       A team also began to scan the CCTV footage from cameras installed in and around the station. “On the footage at the X-ray scanner installed towards the Sarai Kale Khan side, we spotted Dhar entering with the bag on his shoulder but the exit camera footage showed him without the bag. This made it clear that he forgot the bag at the scanner in a hurry,” said Bhatia.

      Meanwhile, Dharmvir located Dhar around 8pm from the information flashed across the station.

     “At one point I lost hope that I will get the bag back but the cop showed immense sense of duty and perseverance in carrying out his duty. He has set an example for his colleagues and instances like these restore our trust in our police force which is often regarded as callous and corrupt,” Dhar said.

       Dharmvir will be rewarded for his honesty and setting an example for his colleagues.

GOOD SAMARITAN: Constable Dharmvir found the passenger’s bag with cash and valuables at a scanner in Nizamuddin station

Pakistan Elections 2013: Colorful with Caste Calculations and Lunatic Fringe


                                   

Elections in the sub continent are always colorful. In Pakistan of 2013 it is  more so with the people full of life if not joy at the never before prospect of voting in an election not distorted by the ISI and the Army. And a civilian government which has run a full term of 5 years, never before has this happened.

      Even if the Army is not directly interfering this time its presence will be felt in every booth. Gen Kayani has offered ‘protection’ by the army of every booth.

      Baddies this time are the Taliban and other fanatic organisations who have openly declared that they will adopt any means to ensure that the elections are not held. Repeated bomb blasts at election meetings , murders and kidnapping of candidates indicate that they have  the capacity to create a great deal of fear among the candidates and the public.

        The latest is the abduction of Haider Ali Gilani, son of former PM Yousuf Raza Gilani in his home constituency in the outskirts of Multan. The abduction was not a an amateur or ham handed affair, clearly planned and organised by professional terrorists.

       Nawaz Sharif is expected to reap the maximum number of seats, however PML -S will not have a clear majority. Najam Sethi the caretaker in Punjab has moved out a great many beauracrats who would have helped Sharif to influence the voting pattern.

      PPP is on the back foot this time. With many allegations of corruption and mis-governance. Death threats forced Bilawal to opt out. Candidates are afraid to campaign freely.

              

IMRAN KHAN while he may have won the world cup in cricket for Pakistan has no real experience  of Pakistani politics. How far his image of a honest person boosted by his recent hospitalization due to an injury received while campaigning will bring in votes is yet to be seen.

Mumbai Flat Buyers( 06 – 10) : Hope to pay less VAT


06-’10 flat buyers may have to pay less VAT

Govt May Waive Registration Delay Penalty

Rajshri Mehta TNN

     Mumbai: People who brought properties in under-construction projects between 2006 and 2010can relax a little.

     Fresh calculations by the sales tax department peg the value-added tax (VAT) they have to pay at .5% to 3% of the value of the property mentionedin the agreement.Developers, most of whom are affiliated to Maharashtra Chamber of Housing Industry (MCHI), however, maintained that the amount worked to 5% or more.

      The second reason for cheer is the indications from a government source that it might waive the penalty for delayed payment of the tax component, thereby benefiting the buyers. Before 2006, no VAT was levied on property sale. The state introduced it in 2006 after the Supreme Court passed an order in 2005, putting developers andcontractorsin the samebracket.
The tax liability, say officials, varies because of several parameters such as construction costs incurred by developers (who collect the amount from buyers) after deducting the land price, which accounts for almost 70-80% of the total costsin Mumbai.

     The tax liability will go up in proportion to the construction cost, meaning, buyers will have to pay more as tax if they bought their properties and registered them later; construction costs have steadily been increasing in Mumbai.

      Both developers as well as government officials agree that it was the buyers who are caught in a battle between them. The interest that buyers will now pay—if they delayed registering the property after its purchase—isbecauseof the case that was going on in court and the developers’ confidence about winning it.

      The MCHI and Confederation of Real EstateDevelopers’ Association of India (Credai) have, nevertheless, moved the apex court, challenging the constitutional validity of the government’s move to term developers as contractors andlevy VAT.Likein mostindustries,thehugetax is being passedon totheenduser.

      Buyers are fighting back in whatever way they can. Some havestartedwriting blog posts, whileothers are meeting developers, telling them about their predicament. “We are suffering because of the fight between developers and the government,” a buyer in Malad said. Tax officials pointed out that since April 2012, when the order was passed againstdevelopers,13 buildershadcollected fullliability of Rs20crorefrom consumers but did not deposit it with the department. Asked a buyer, “Why should we pay interest,when wehave already paid the tax amounts to the developers?” “We have already paid huge deposits. The developers can pay the VAT out of the interest,” a buyer from Powai said. Maharashtra Societies Welfare Association chairman Ramesh Prabhu, too, said buyers, especially those who had not yettaken possession of their properties, would now haveto pay hightaxes.

      Developers, however, stuck to their stand. Ashok Mohanani, CMD of Ekta World, said, “The fault lies with the three complicated schemes to compute VAT drawn up by the sales tax department,whichhaveincreasedtheliability toover 5%. Contrary to the department’s claim,they are notoffering any tax benefits to any of the schemes. We have to pay double taxes for the same goods the value of which has increasedover a periodof time.” ADDING VALUE TO PROPERTY 

     The VAT is applicable only on an under-construction property

      Your tax liability varies between .5% and 3% depending on several factors such as the cost of the property and the value of the land on which it is built

     You will have to pay an interest of 15% on your tax component for every year of delay in registering your property. For example, if your tax component was Rs 1 lakh and you bought the property in 2009 but registered it in 2010, then you will have to pay Rs 1.15 lakh (15% interest on Rs 1 lakh for one year)

     The sales tax department may decide to waive the penalty for delayed payment; discussions are on

     There may be a small variation in the tax component because of differences in factors such as construction cost, which has been increasing steadily; this will increase the tax if you bought the property, for example, in ’08 instead of ’06

    LEGAL TUSSLE

      2006: Maharashtra government amends Value Added Tax Act, 2002 and levies VAT on the sale of immovable properties by developers

     2007: Maharashtra Chamber of Housing Industry (MCHI) and Confederation of Real Estate Developers’ Association of India (Credai) challenge the government’s decision in the Bombay high court

      2007: Court passes interim order that developers should submit to sales tax department details like number of flats, amounts received, goods purchased from “dealers” registered or unregistered and amounts of VAT paid on such purchases

     2009: Maharashtra government issues notification for computing VAT, the value of which is based on ready reckoner rates 2010: Government introduces composition scheme of VAT at 1% of agreement value

    2012: Bombay high court dismisses MCHI’s petition

    2012: MCHI challenges constitutional validity of the government to levy VAT. Their contention is that the state legislature has no power and erred in terming the sale of immovable property as work contract under the provisions of Sale of Goods Act, 1930 of the Constitution

     Aug 28, ’12: Supreme Court to hear special leave petition

Garbage Collection : Delhi can learn from Chennai


NEW PLAN

From September, a knock at your door for garbage

Christin Mathew Philip TNN

Chennai:Get ready to expect your bell to ring around 6.30 every morning starting September. Residents of five zones in the city will get their wake-up call from conservancy workers.

      This is part of the city corporation’s plan to implement door-to-door garbage collection in five zones from the second week of September.
It is learnt that this decision comes after severe criticism from the public about poor garbage clearance and the blue group bins installed by the civic body. The first phase covers five zones in the old limits of the corporation, and will be later be implemented in the extended areas of the corporation.

     Mayor Saidai S Duraisamy said the zones are Tondiarpet, Royapuram, Thiru-Vi-Ka-Nagar, Ambattur and Anna Nagar. “We successfully conducted door-to-door garbage collection as a pilot project in ward 141 in T-Nagar. So we are planning to do this in five zones” said Duraisamy. He also said the civic body will also ask private firm, Ramky Enviro, managing Adayar, Teynampet and Kodambakkam, to begin door-to-door collection of garbage.

    The mayor also said that the criticism of group bins is baseless. “These bins will be effectively used for the doorto-door garbage collection,” he said. The idea is to remove garbage from the city completely with a better mechanism. So we are planning to collect garbage from households without any overflowing garbage bins in the city. When there is no piling up of garbage, then there will be a relief from mosquitoes, house flies and stray dogs” he said.

    Residents too have endorsed the move. “This is a good initiative by the civic body. But the civic officials should provide special bins for marriage halls, hotels and apartments. For instance, people staying on the top floors could not come with garbage to the collector,” said says R Govindaraj, joint general secretary, NGO, Exnora International

      A senior corporation official said: “The conservancy workers in these five zones will come and collect garbage in tricycles or other compact vehicles by 6.30am every day. They will dump the collected waste in the group bins that have been placed in various localities. By 10.30am, the compactors will come and take the waste materials from the group bins to Perungudi or Kodungaiyur”

     Corporation officials also have plans to distribute pamphlets on this. “We will distribute pamphlets containing the contact numbers of responsible civic officials and timings of the collection to the public. So they could also be ready for the new plan” said an official.
Meanwhile, the civic body had received several complaints from the public requesting to relocate the group garbage bins from their locality. Officials said that this will improve the garbage collection method.

      “Earlier, collected garbage materials were taken to the transfer stations only after 24 hours. But after the new system, collected garbage will be transported to the dumpyards” said an official.

AIADMK Govt Action Against Land Grabbers Bearing Results


Land sharks lie low as govt initiates strict action

Jayaraj Sivan | TNN

There has been a drop in the number of cases of land grabbing in the state even though the legality of anti-land grabbing courts has been challenged in the Madras high court.

     As soon as it came to power last year, the AIADMK government had initiated such stringent action against encroachment across the state that several ‘professional’ land-grabbers are now lying low, said police officials. Some of these land sharks had made the illegal takeover of property a vocation, said a police officer who handled several such cases.

     Police records show that government action had led to a steep dip in cases of land grabbing over the past few months.

   The police had set up 39 anti-land grabbing cells, one in every district and police commissionerate in the state. These cells received 34,703 complaints, but only 1,225 were registered after scrutiny.

     Police arrested 1,299 offenders in connection with these cases, retrieved 11,317 acres of property worth Rs 758 crore and restored the properties to their rightful owners, the police said.

    Though the state government on August 1 last year sanctioned the setting up of 25 fast track special courts for these cases, only two such special courts were set up, one each in Coimbatore and Tirupur, before their legality was challenged in the Madras high court.

     The drive against land grabbing had clear political ramifications. The AIADMK came to power after promising as a poll plank a stringent anti-land grab drive and the arrests of large number of DMK functionaries and members of other opposition parties gave the ruling party an opportunity to project itself as the common man’s guardian angel. And the ruling party grabbed the opportunity to score political points against its opponents.

    However, when two of AIADMK’s legislators were booked in alleged land grab cases, they brokered peace with the complainants and police closed the case. A case registered against DMK treasurer M K Stalin and a few others in Chennai city was also dropped after they struck an out-ofcourt settlement.

     Most of the people arrested in land grab cases have been released on bail. The initial enthusiasm of police officers gave way to a more judicious approach and they are now initiating criminal proceedings only in clear-cut civil disputes.

      But the drive served its purpose and struck fear among criminals, a senior police officer said.
jayaraj.sivan@timesgroup.com

DCDRForum : Insurance Company must pay compensation for rejecting claim


       Insurance companies have been known to reject claims on trivial grounds. Some times based on concocted reasons. Here is a case where the DCDRF has rendered justice to the claimant for the wrong rejection of his claim.

Insurance co to pay 7L for trashing patient claim

 Rebecca Samervel TNN

     Mumbai: The Mumbai Suburban District Consumer Disputes Redressal Forum recently ordered The National Insurance Company Ltd to pay Rs 1.5 lakh compensation for wrongly repudiating the insurance claim of a Khar resident who underwent heart surgery in 2009. The complainant, Praveen Nischol, will also get the Rs 5.11 lakh he spent on the surgery. The company had rejected the claim on the ground that he was suffering from hypertension and diabetes before he took the mediclaim, but the discharge card proved it wrong.

     Nischol had taken the mediclaim policy in 2007 and it was valid till October 2008. Since he was suffering from various aliments, on February 25, 2009, he was admitted to a hospital. After undergoing a surgery, he was discharged on March, 7, 2009. However, when he sent his claim form to the insurance company, it rejected it on the grounds of preexisting disease. After failing to get any relief from the Insurance Ombudsman, Nischol filed the complaint before the forum on April 12, 2010.

     He also submitted various documents and his medical papers from the hospital. Among the documentary evidence, he presented his discharge card from the hospital where he underwent the surgery. The document stated that Nischol was suffering from diabetes and hypertension since January 2009.

     The forum held that since the insurance company had not submitted any documents to prove their version, the facts mentioned in the discharge card would be accepted. It further stated that the discharge card proved that Nischol was
not suffering from any of the ailments when the insurance policy was procured in 2007.

     Holding the company guilty of deficiency in service, the forum also stated that Nischol had undergone surgery for the heart ailment and not for the other diseases.

JUDGES : WHO WILL JUDGE THEM ? I


COMMUNICATION GAP?

Erring judges: Govt, SC differ on response

Himanshi Dhawan TNN

     New Delhi: At a time when judicial accountability is being hotly debated, the government and the Supreme Court appear to have shrugged off responsibility on the procedure to deal with complaints against erring judges with both giving contradictory RTI responses.

      While the justice department said that the chief justice of the high court concerned and the CJI (for judges of the SC and the chief justices of other courts) had the competent authority to ascertain facts and take appropriate action, the then CJI Y K Sabharwal had in response to an RTI plea in 2006 rejected a complaint for action against an HC judge on the basis that neither the SC nor the CJI were “appointing or disciplinary authority’’ in respect of judges of superior courts.

      Significantly the government has also said that there was no provision to restrict HC judges from their entitlement of post-retirement benefits even if the judges had resigned prematurely to avoid contempt proceedings.

        When asked in an RTI plea by activist S C Agrawal on action taken against judges, the justice department in its reply dated December 30, 2011 referred to a conference of chief justices in 1990, saying that the CJI had summed up the position by saying, “The CJ of the HC has the competence to receive complaints against the conduct of the judges of his court… where he is satisfied that the matter requires to be examined, he shall have facts ascertained in such a manner as he considers appropriate keeping the nature of allegations in view and if he is of the opinion that the matter is such that it should be reported to the CJI, he shall do so. The CJI shall act in a similar manner in regard to complaints relating to conduct of judges of the SC and CJs of high courts.’’

       In the 2006 reply to Agrawal, SC registrar and appellate authority Hemant Sampat quoted the then CJI Sabhawal and said, “Neither the SC nor the CJI were appointing or disciplinary authority in respect of judges of superior courts, including judges of HCs.’’ Agrawal had in October 2005 complained against an HC judge misusing his position to former CJI R C Lahoti. No action was taken against the complaint.

       Agrawal approached the Central Information Commission (CIC) which in an order in April 2006 asked the SC to disclose the status of the complaint. Sabharwal’s order in response to the CIC direction was that the he had examined the matter and found no merit in the complaint.

35cr study to find effect of backlog on judges’ minds

Dhananjay Mahapatra TNN

     New Delhi: The Centre has agreed to conduct a study to find how the 14,000-odd trial court judges have been psychologically impacted by the continuous struggle to fight off 2.77 crore pending cases.

     It informed the Supreme Court that it was ready to sanction Rs 35 crore for a five-year study to investigate the impact of pendency pressure on judicial officers and examine whether it adversely impacted the output of trial court judges. With the high courts fixing minimum disposal rate for trial court judges in view of the huge pendency, judicial officers in district courts are under a lot of pressure, given the inadequate infrastructure, to decide the minimum required disposals.

      Amicus curiae and senior advocate Gopal Subramaniam, assisting a bench of Justices A K Ganguly and T S Thakur in overall improvement of justice delivery system, had felt that heavy work load for a long period of time could cause psychological pressure on the judicial officers.

     Among other suggestions to the court for improving efficiency of justice delivery mechanism, he had mooted a psychological study to analyse whether such pressure “ran down the morale of the judge, his efficiency and ability and consequent loss of output”.
The ministry of law and justice, in its response to the suggestions, said “the study suggested can be taken up by the recently set up National Mission for Justice Delivery and Legal Reforms”.

     It said the a scheme for “study of Judicial Reforms and Assessment Status” was being implemented by the Department of Justice but the term of the scheme was coming to an end on March 31, 2012.

     “As the need for continuing the Action Research and Studies highlighted above is felt, the scheme may be continued during the 12th five-year plan period as an activity of the National Mission for Judicial Reforms and Assessment Status,” the ministry said.