Provide Copy of Closure Report to Parents : CBI Judge

Source : Indlaw

A special CBI court in Ghaziabad today directed the investigating agency to provide a copy of closure report to Dr Rajesh and Nupur Talwar, the parents of Aarushi Talwar and deferred the hearing till January 21. 

The 14-year-old Aarushi and Talwars' domestic help Hemraj were murdered on the intervening night of May 15-16, 2008 in Noida. 

The CBI, on December 29, filed the closure report in the double murder case saying that there was no 'sufficient evidence' against the accused. 

Special CBI Judge Preeti Singh ordered the investigating agency to provide the closure report to the Talwars and posted the matter for hearing on January 21. 

The CBI in its closure report has said Dr Talwar was the main suspect in the case. 

The CBI had earlier arrested three servants--Raj Kumar, Krishna and Vijay Mandal--in the case but they were released later. 

Dr Talwar and his wife Nupur, who have denied their involvement in the killing of their daughter are demanding further investigation in the case so that the real culprits may be brought to book. 

The dentist couple have alleged that the CBI is blaming them to shield its inefficiency and the 19-month-long probe by the agency in the case was 'unscientific'. 

Both the parents have told a TV news channel that they were prepared to undergo any test including the touch DNA test to prove their innocence.

"Nothing Wrong with Kin Practising in a Judge’s Court": Justice Mudgal

Justice Mukul Mudgal

Source : Indian Express

But undue favours should not be offered to relatives, says the outgoing chief justice

The concept of “uncle judges, per se, is not bad”, said Justice Mukul Mudgal, who retired today as Chief Justice of Punjab and Haryana High Court. He said the rot begins when a relative of a judge “starts receiving short cuts or leg-ups”.

“There is nothing wrong in relatives of a High Court judge practising in the same High Court as long as undue favours are not offered to the relatives, and a judge should go out of the way to ensure that no relative of his is misusing his/her name,” Justice Mudgal said in an interview with The Indian Express. He added that “corruption needs to be tackled decisively”.

The outgoing chief justice remarked that, “With India being a place where a father likes his child to join his own profession, having one’s relatives practising in the High Court, per se, is not bad.”

He added, “There is a perception that relatives of a judge become recipients of certain privileges. Of course, there are advantages. If my son is entering into classical music, he certainly will have an advantage over others. But this is only at an initial stage.”

On the issue of corruption in the lower judiciary, Justice Mudgal said, “Corruption is a reflection of a society. To say that there is no corruption is wrong. It is difficult to handle, but it needs to be tackled decisively. Not only monetary, there are other forms of corruption, which include corruption of friendship”.

It might be mentioned here that during his tenure, at least nine lower court judges, including two Session Judges, were terminated from service or were asked to seek premature retirement. Those shown the door included a senior Sessions Judge whose name was recommended for High Court judgeship in 2007.

Justice Mudgal had come down heavily on the Haryana government for its failure in curbing the rising menace of “honour killing” by Khap Panchayats. Feeling strongly for the runaway couples, who are being murdered ruthlessly by the self-styled law enforcement agencies, Khap Panchayats, to keep intact the “honour” of their traditions, Justice Mudgal is of the view that senior leaders of Khaps need to be educated.

“Such institutions (Khaps) may have had a social purpose. Earlier, when life was conventional, Khaps may have played a vital role in shaping lives of individuals. But now with media being in every household you cannot expect a society to remain in isolation. Khap Panchayats can have their traditions but cannot frame laws. Honour killing is a murder, nothing else. We are a developed democracy. There is need to educate seniors/leaders of Khaps. Tradition should not be rigid. The way of life has changed, there should be respect for elders. While one should honour his traditions, Khaps need to adjust values. They cannot enforce values by way of coercion,” he said.

Asked if there is a divide within the High Court judges over certain issues, he responded, “With a High Court of a strength of as large as 48 judges, there is bound to be a diversion of opinions. One has to ensure that they do not turn ugly, it should only remain a healthy debate. Differences are debated and a decision is taken”.

On the issue of ever-increasing pendency in courts, he said, “The pendency of this High Court has come down considerably. Last year, the disposal of cases was much more than the filing. The judges have put in extra effort in not only dispensing with cases but also awarding justice”.

The only lawyer-turned-judge in the family, Justice Mudgal best describes himself as a “cricket freak”. Mudgal is son of late Pandit Vinay Chandra, Padmashree. His son Dhaval Mudgal is the lead singer of a rock band named “Half Side Down” in Delhi.

From implementation of speed governors in the states of Punjab and Haryana for all heavy vehicles to building of protection homes for runaway couples; reservation for handicapped employees; awarding significant compensation to victims of crime and those murdered by Khap Panchayats; suo motu notices against the state for high-handedness and inaction were some of the key developments which took place during his tenure.

“I owe a lot to my school, Modern School, Delhi. My teachers taught me to face life, success and adversities.” He says, after retirement, he will do social work and, if required, arbitration cases.

Justice Mudgal retired on 04.01.2011 and is replaced by Ranjan Gogoi as the Acting Chief Justice of the Punjab & Haryana High Court.

Delhi Chief Minister Files Defamation Suit in the High Court

Source : Times of India

A defamation suit filed by Delhi chief minister Sheila Dikshit against state BJP president Vijender Gupta in the Delhi High Court is likely to be heard in May this year. 

The chief minister filed the suit recently against Gupta for allegedly defaming her reputation by erecting hoardings across the city accusing her government of corruption in fixing of new power tariff and conniving with the private discoms. 

Dikshit has demanded a token Re 1 as damages in her suit before the court of Justice V K Jain. She has alleged that the BJP under Gupta's leadership erected hoardings in June 2010, which said her government had "openly looted thousands of crores of rupees". On Tuesday, the case came up before Justice Jain over the matter of "condonation of delay". 

The suit says Gupta got hoardings put up, accusing the Delhi Congress government of misrepresenting facts before the people of Delhi on power tariff. The advertisements also claimed that the Delhi Electricity Regulatory Commission (DERC) was going to recommend reduction in power tariff, but the "chief minister came in the way". 

Dikshit moved court after Gupta refused to tender a "public apology for the slander" as demanded by her. Gupta had maintained that he would reply in court and is now appearing through his counsel, senior advocate Aman Lekhi. 

As per the allegations, the hoardings were erected at Pusa Road, Karol Bagh, Shankar Road, Hari Nagar, Jhandewalan, Delhi Gate, Rani Jhansi Road, Najafgarh Road, Rajendra Nagar Road, New Rohtak Road, Filmistan and Subzi Mandi.

Kraft sues Britannia over 'Treat-O biscuit'

Source : Economic Times

US-based packaged food maker Kraft Foods on Tuesday sued Nusli Wadia-owned Britannia Industries for trademark and copyright violations of its popular Oreo cookies. 

In a suit filed in the Delhi High Court , Kraft said Britannia’s recently-introduced Treat-O biscuit is a copy of its cream-filled sandwich cookies. 

The US firm has also sought an injunction to prevent Britannia from manufacturing, selling, marketing or advertising any product with any distinctive element of Oreo cookies. 

A Britannia spokesman refused comment saying the company has not received any communication on the issue so far. 

This is the second instance in four years when Britannia has been involved in a legal tussle with a multinational food company over trademark. It was, however, playing the role of a plaintiff in 2007 when it had dragged French food giant Danone to a Singapore court alleging trademark infringement of its Tiger biscuit. Subsequently, Danone ended its joint venture with Britannia and set up an independent company in India. 

In its suit, a copy of which was reviewed by ET, Kraft has sought damages for infringement of trademark and copyright, passing off and unfair competition of its ‘globally reputed’ Oreo brand of cookies. 

Oreo was registered in India in 1991 and is being imported and sold in the country ever since. 

Kraft said the Indian bakery and dairy products maker has copied the specific design etchings, such as florets and inner rings, of Oreo cookies. The company refers to the design etchings as ‘Oreo cookie trade dress’. 

“The lining on Britannia’s product, inner rings and florets and their placement on the product are identical to the original Oreo cookies,” Kraft said in the suit. 

It also alleged that the brand name, Treat-O, with an emphasis on ‘O’, is inspired by Oreo. 

Kraft’s lawsuit against Britannia comes at a time it is exploring options to locally manufacture and sell biscuits in the 11,000-crore Indian biscuit market. 

Kraft is being represented by IP Specialist Lall & Sethi.