HISTORY OF AYODHYA’S DISPUTE

Story of Disputed Land

Lord Ram according to Ramayana was born in Ayodhya on the banks of Sarayu  River. Ayodhya is currently located in Uttar Pradesh. According to Hindus the disputed location was earlier an ancient temple located at the birthplace of Lord Ram. Also, believed this temple was destroyed by Mughal Emperor Babur in 1528 where he built a mosque Babri Masjid which was subsequently demolished by Kar Sewaks on December 6,1992.

Trails of litigations over the disputed land

In 1855 during the British Raj a suit was filed by Mahanth Raghubar Das against the Secretary of State for India seeking permission to construct a temple for Sri Ram at Ayodhya. Trial Sub – Court ruled that land is the birth place of Lord Ram. This  was  appealed against at Faizabad District Court where it got dismissed.

On December 23,1949 when idols were found inside the Babri Masjid a crowd of 60-80 broke the locks of mosque and entered it. After which the charge of the property was given to District Magistrate Faizabad.

The first ever suit filed in independent India was on January 16, 1950 by Gopal Sing. He instituted the suit claiming his right to go inside and worship in the place where the idols were kept. He also claimed UP Government had no right to interfere in the said rights. Prohibitory injunction was sought after which no one could enter the area.

In 1959 another suit was filed by Paramhans Ramchandra Das(Nirmohi Akhara) against Zahoor Ahmad and seven others .The reliefs claimed were management of the place where the  idols were kept should be given to the plaintiff. However, on December 6,1960 this suit was withdrawn due to various reasons.

In 1961 a regular suit was filed by Sunni Central Board of Waqfs and 9 others. In the plaint they claimed that there existed a mosque 433 years ago also, adjacent to the mosque there was a graveyard. They demanded clearance of Lord Ram’s idols from the premises and give the management of the premises to the Sunni Central Board.

Yet another suit was filed in 1989 by Bhagwan Sri Ram Birajman and Sri Ram Janam Bhoomi Ayodhya (the Deity), Asthan Sri Ram Janam Bhoomi, Ayodhya (the Birth Place of Lord Ram) in which the Deity and the Birth Place were considered to be Juristic persons. The suit was filed based on the cause of action that Hindus were not freely allowed to worship at the premises where the Deity was housed. The Court held that the premises belonged to the idols and it was their absolute property and the gates were open for all Hindus. Also, the Hon’ble Court allowed the existing structures to be demolished so that the temple construction could start. After the decision there was a lot of communal violence throughout the country, due to which the case was transferred to Allahabad High Court.

The Hon’ble High Court of Allahabad on September 30, 2010 held that 2.77 acres of land be divided into 3 parts, out of which 1/3rd going to the deity’s construction of Ram Temple, 1/3rd going to Muslim Waqf Board and the remaining 1/3rd going to the Nirmohi Akhara.

This decision of the Hon’ble High Court was appealed and a Constitutional Bench of 5 Judges heard the first appeal on September 30th, 2010. The Supreme Court Constitutional Bench consisting of Chief Justice of India Ranjan Gogoi and Hon’ble Justices S A Bobde, D Y Chandrachud, Abdul Nazeer, Ashok Bhushan delivered a unanimous judgement on November 9th 2019. The Supreme Court held that the 2.77 acres of Land to be handed over for construction of Ram Mandir. Also, at the same time an alternate plot of 5 acres must be allotted to Sunni Waqf Board for construction of mosque. The Central Government has been directed to form a board for the scheme of construction within 3 months.

Thus, the long-fought battle over 2.77 acres of land came to an historic end.

Aakritee Gambhir

Associate

The Indian Lawyer

HIGH COURT REPRIMANDS TRADEMARKS REGISTRY FOR DELAY

While observing the facts of the Writ Petition filed in the Delhi High Court named Asianet Star Communications Pvt. Ltd. v/s. The Registrar of Trademarks WP no. (C)11284/2019, on 31st October, 2019, Justice Pratibha Singh noted that due to lack of coordination amongst departments of the Trademarks Office that deal with different kinds of forms, there is huge inefficiency in the processing of the trademark applications. The Judge further observed that the processing of a trademark application should be efficient and timely. In the matter in question the Trademarks Registry had failed to consider the application despite the passage of ten years.

After identifying the necessity to streamline the procedure of registering of trade marks applications, the Court ordered the Head of Trademark Registry, to file an  Affidavit mentioning that in order to obviate the recurrence of such situations in the future, which have clearly become endemic in the Trade Mark Registry, a proper procedure is required to be established for the processing of trade mark applications and registrations. Accordingly, the Registrar of Trademark shall place on record an affidavit of Mr. Hoshiar Singh, the Head of the Trade Marks Registry, Delhi, detailing the following aspects:

i) the current procedure for processing of trade mark applications,including the various steps starting from filing, acceptance of fee, allocation of application number, examination and generation of examination report, acceptance of responses, hearings held, if any, orders passed on the said files, grant of trade mark registration certificates, change of address, change of name, processing of licences and assignments, renewal notices, etc. and whether they are dealt with by one officer or by different departments, even if they relate to same application. The same may be explained by means of a flow chart;

ii) the manner and procedure for uploading of documents which is currently being followed at each and every stage by the Trade Marks Registry;

iii) whether it is considered efficient to allocate a particular trademark application to a specific officer who would then process the various forms filed in respect of that application so that the familiarity of the officer with the file would enable efficient processing of the same;

iv) insofar as post-registration formalities, such as renewals, assignments, etc. are concerned, whether the same should be dealt with by a separate department and if so whether post registration formalities of specific registered trade marks ought to be handled by a single officer.”

The Court also directed technical person from the National Informatics Centre and a senior officer from the Trade Marks Registry, Delhi who is familiar with Affidavit to the Court, to remain present in Court on the next date of hearing i.e. 5th December, 2019.

It is high time that the Trade Marks Registry should be called upon to be efficient. As India is now looking at being a global economy, registration of trade marks is a very important aspect of being recognized as a developed economy. All developed countries worldwide take great pains to protect their intellectual property rights and India must do the same to get a global recognition as a developed economy. The Courts intervention for improving the efficiency for Trademarks Registry is much required.

Govind Gupta

Associate

The Indian Lawyer

JOB POST: Hiring experienced lawyers @ The Indian Lawyer [Hyderabad]

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The Indian Lawyer

About the Organization

The Indian Lawyer is a full-service boutique Law Firm that specializes in all aspects of commercial law both transactional and litigation/arbitration.

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We are looking at hiring lawyers with an experience of minimum 2-3 years for our Hyderabad Office

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Hyderabad Office:

# 303, Third Floor, The Down Town Apartments, Road No. 5, Banjara Hills, Hyderabad -500034

Eligibility/Qualifications

Candidates should be knowledgeable on commercial laws and should have both written and oral communication skills in English. Only serious candidates who are ready to put in hard work should apply.

Salary

Depending on experience and qualifications

How to apply

  • CV should contain the candidate’s name and should have the Subject of Email as- “Lawyer for Hyderabad Office”
  • Position is for 1-2 lawyers

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JOB POST: Hiring experienced lawyers @ The Indian Lawyer [Delhi]


Organization Name

The Indian Lawyer

About the Organization

The Indian Lawyer is a full-service boutique Law Firm that specializes in all aspects of commercial law both transactional and litigation/arbitration.

Job Description

We are looking at hiring lawyers with an experience of minimum 3-5 years for our Delhi Office

Location/Address

Delhi Office:

H-22, Ground Floor, Greater Kailash-2, New Delhi- 110048 (Near Balwant Rai School)

Eligibility/Qualifications

Candidates should be knowledgeable on commercial laws and should have both written and oral communication skills in English. Only serious candidates who are ready to put in hard work should apply.

Salary

Depending on experience and qualifications

How to apply

  • CV should contain the candidate’s name and should have the Subject of Email as- “Lawyer for Delhi Office”
  • Position is for 1-2 lawyers

Contact info

For further queries, interested candidates may contact on:

Email- theindianlawyer@gmail.com

Official link For official website, click here

GOVERNMENT OF INDIA PROPOSES PLANS FOR CURBING AIR POLLUTION IN DELHI-NCR AND OTHER CITIES

The Government of India has recently held a high-level Meeting on 03-11-2019 with the States of Punjab, Haryana and Delhi to discuss about measures to tackle increasing air pollution levels in the Delhi NCR and other neighboring places. The adverse situation has, reportedly, arisen due to increasing vehicular traffic, construction and industrial activities, burning of rubbish and crops, use of fireworks during religious festivals and so on. Reportedly, such polluted air contains small coarse particles in the atmosphere such as PM2.5, PM10, etc that pass-through nose and throat and into the lungs and thereby, cause health issues such as asthma.

As per various newspaper reports, the following measures have been taken so far by the various Ministries to tackle air pollution in Delhi NCR and other neighboring places:

1- Delhi Government:

Reportedly, the municipal authorities in Delhi have implemented the following measures to tackle air pollution:

a- Converting vehicles to cleaner and eco-friendly fuel,

b- Banning the use of polluting industrial fuel,

c- Opening two major periphery roads in the eastern and western parts of Delhi for vehicles carrying heavy goods,

d- Introducing new fuel emissions standards,

e- Setting up 38 separate air quality testing stations,

f- Rolling out a seven-point action plan:

i) Odd-Even Scheme- Under this Scheme, vehicles with odd last digit in the registration number are allowed on roads on odd dates, whereas, those with even last digit are allowed on roads on even dates from 8 AM to 8 PM, except on Sundays. It would be operational from 04-11-2019.

ii) Pollution Masks- The Government has been distributing around 50 lakh masks to the public through private and government schools in Delhi.

iii) Community Diwali Laser Show- The Laser Show was organized in Connaught Place, Delhi to encourage people not to burst crackers during Diwali.

iv) Environment Marshals- The Government has started deploying environment marshals, who would volunteer in stopping people from illegally burning garbage and other materials.

v) Hotspot Control- The Government would identify pollution hotspots through night patrolling, and real-time monitoring stations and assess the air quality. These locations would be required to meet air quality standards.

vi) Dust Control- The Government would identify dust pollution hotspots where the road owning agencies and Government Departments would be required to use dust suppressants and also, impose penalties for violations by industries in such hotpots.

vii) Tree challenge- The Government would be delivering plants to the doorstep of every household in Delhi that is interested in growing plants and thereafter, they would have to take care of such plants.

2. Union Minister for Environment, Forest & Climate Change (MoEF & CC) and Information & Broadcasting:

Shri Prakash Javadekar, the Union Minister for Environment, Forest & Climate Change (MoEF&CC) and Information & Broadcasting, has flagged off e-vehicles (presently, battery-operated cars) on 01-11-2019 which would now be replacing the existing petrol and diesel driven Government vehicles.

These Government measures are aimed at curbing severe air pollution, saving fuel, reducing dependence on other countries for oil imports, and also reducing the emission of carbon dioxide in the atmosphere.

Harini Daliparthy

Senior Legal Associate

The Indian Lawyer

SUPREME COURT OF INDIA HAS HELD THAT APPEAL CANNOT BE DISPOSED OFF WITHOUT RECORD OF TRIAL COURT

The Supreme Court of India in Savita vs. State of Delhi, 2019, while setting aside a judgement of the Delhi High Court, has passed an Order dated 14-10-201,9 whereby, the Apex Court has held that “we are of the view that disposing of the appeal filed by the Appellant- Accused without the record of the Trial Court is not suitable

The Bench comprising Justice NV Ramana, Justice Sanjiv Khanna and Justice Krishna Murari was considering an appeal against a Delhi High Court order which upheld the conviction and sentence imposed on a man under Section 498 A and 304 IPC by the Trial Court without the records of the said Court, which was lost during the pendency of the Appeal before it.

One of the main issues raised in the Appeal was whether the order of the High Court disposing the Criminal Appeal in the absence of the original records can be held sustainable in the eyes of law.

The Bench held that “ its not in dispute that the High Court has disposed of the appeal filed by the appellant herein without the record of the trial court, which was lost during the pendency of the Appeal before it. The chronology of events also indicates that some efforts made by the State to re-construct the record of the trial but the reconstruction of the record could not be completed. However, learned senior counsel for the respondent- State submits that some of the records are available. Having heard the learned senior counsel for the parties and pursuing the material placed before us, we are of the view that disposing of the appeal filed by the appellant-accused without the record of the trial court is not sustainable. “

The matter was remanded back to the High Court for hearing of the Appeals afresh after reconstruction of the record of the Trial Court.

Sourabh Kumar Mishra

Senior Legal Associate

The Indian Lawyer

NATIONAL GREEN TRIBUNAL HAS BANNED THE USE OF DIESEL GENERATORS IN DELHI AND OTHER SURROUNDING PLACES

The Dakshin Haryana Bijli Vitran Nigam (DHBVN) has recently initiated legal action in the National Green Tribunal (NGT), Delhi, against an order passed by the Environmental Pollution (Prevention and Control) Authority dated 09-10-2019, which has banned the use of diesel generators (DG) in Delhi, Ghaziabad, Noida, Greater Noida, Faridabad, Gurgaon, Sonipath, Panipath and in Bahadurgarh.

The NGT Bench led by Chairperson, Justice Anand Kumar Goel, has passed an Order dated 18-10-2019 and held ‘that the Order passed by the Environmental Pollution (Prevention and Control) Authority is an undoubted need for protection of environment and public health.’ The Court further held that if the Appellant is unable to provide electricity, it is for the Appellant to find other ways and means to generate and provide electricity within the purview of law. This could not be a ground to use DG for generation of electricity as it violates the air protection laws.

Further, upon advice of the Central Pollution Control Board (CPCB), the NGT also banned the use of DG for generation of electricity, as the air quality in the cities has been ranging between moderate to poor and there is an undoubted need to protect the environment and public health.

Govind Gupta

Associate

The Indian Lawyer

GOVERNMENT OF INDIA HAS PLANNED TO ADDRESS THE ISSUE OF ECONOMIC SLOWDOWN

According to various newspaper reports dated 14th August 2019, recently there has been a sharp depression in the Indian economy owing to reduced investments and, reduced consumer demand in automobile and real estate sectors, etc as given below. As a result, the Gross Domestic Product (GDP) has reduced to 6.8 percent in 2018-19.

1- Automobile sector

The automobile sector in India is said to have been facing the worst crisis in 20 years. In the recent years, approximately 2.30 Lakhs people in India have reportedly lost jobs in this sector, 300 dealerships have shut down, and sales of cars, tractors, and two-wheelers have declined considerably.

2- Real Estate

The declining health of the real estate sector is a massive indicator of the falling Indian economy. According to various experts, the volume of unsold houses over the past one year has increased in the top cities of the countries. As a result, around 250 ancillary industries — bricks, cement, steel, furniture, electrical, paints etc – have been adversely affected.

3- Fast moving consumer goods

The fast-moving consumer goods (FMCG) companies have reported a decline in the April- June quarter 2019 in both rural and urban areas of the country. For instance, Hindustan Unilever has reportedly posted volume growth of 5.5 per cent in April-June quarter compared to 12 per cent last year, and Dabur has reportedly posted a growth of 6 per cent against 21 per cent last year.

Thus, various experts believe that the growth of the economy would rebound only if companies are able to adapt themselves to the current regime and also, if the Government works harder in the coming quarters to boost up the growth of the Indian economy.

Aakritee Gambhir

Associate

The Indian Lawyer

THE FINANCIAL ACTION TASK FORCE ORGANIZATION HAS ISSUED STERN WARNING TO BLACK LIST PAKISTAN FOR NOT ADDRESSING TERROR FINANCING ISSUES

The Financial Action Task Force (FATF), an inter-governmental body established in 1989 for setting global standards on anti-money laundering and combating the financing of terrorism, has recently listed Pakistan under the Grey List at a Meeting dated 18-10-2019 and issued a warning stating that the country would be blacklisted or declared to be a non-cooperative country, if it fails to take complete action against terror funding and money laundering by February 2020.

India, a member country of FATF since 2010, has, reportedly, been working with FATF to collect credible evidence against Pakistan’s inaction to address the issues of terror funding and money laundering in its country since 2018.

In the said Meeting, FATF made the following observations:

  1. That Pakistan failed to establish that it had addressed various issues pertaining to terror-financing and money laundering such as control of funding to terrorist groups such as Lashkar-e-Taiba and Jaish-e-Mohammad, seizure of terrorist properties, etc in its country.
  • That Pakistan, further, alleged that India has been pushing other countries to black list the country for non-compliance of its 27-point action plan against terror funding and money laundering in its country.

Thereafter, upon conducting various discussions at FATF, Pakistan reportedly managed to secure three votes from Malaysia, Turkey and China to stay out of the black list. However, it was mutually decided that a warning should be issued to Pakistan for complete compliance of its 27-point action plan against terror funding and money laundering by February 2020, failing which, FATF would black list the country.

According to various experts, if Pakistan is declared as a non-cooperative or black listed country by FATF, various banks and investors would withdraw their funding and investments from Pakistan. This would have an adverse effect on the economy of Pakistan.

Thus, various diplomatic officials across the world have expressed their gratitude to FATF for the strongly worded statement issued to Pakistan and further, hoped that Pakistan would either comply with all the 27 tasks assigned to it to address terror funding and money laundering issues in its country by February 2020 or would be black listed by FATF.

Harini Daliparthy

Senior Legal Associate

The Indian Lawyer

ARTICLE 142 CANNOT BE USED TO MOCK THE LAW

In a recent case heard by the Supreme Court of India, namely Raj Kumar v. State of Uttar Pradesh decided on 04.10.2019 the Petitioner invoked the powers of the Supreme Court under Article 142 of the Constitution.

The Petitioner was selling milk which did not meet the standards prescribed by the Authorities. The sample which was collected in 1995 had the following values. Milk Fat in sample collected from Accused’s concern was found to be 4.6% and Milk Solid Non-Fat was was 7.7%, against the prescribed standard of 8.5%. The inspector therefore prosecuted the Accused and the Trial Court found him guilty. The said Judgement was upheld by Sessions and the High Court of Uttar Pradesh as well.

The Accused pleaded that the Court should give him the benefit of doubt regarding the values in the milk. He pleaded that the case was very old and milk samples had not been properly analyzed. To this the Supreme Court held that if he had doubt regarding the analysis he should have gone for another analysis while the matter was in the Trial Court.

In the Special Leave Petition(SLP) filed in the Hon’ble Supreme Court of India (SC) the Accused Appellant prayed that the Supreme Court should exercise the powers under Article 142 of the Constitution of India that allows the Supreme Court in the exercise of its jurisdiction to pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
Rejecting this prayer, the Bench of Justice Deepak Gupta and Justice Aniruddha Bose held that Article 142 cannot be exercised in a way to “make a mockery of the law”.

The Court held that the power under Article 142, in its considered view, cannot be used in total violation of the law. When a minimum sentence is prescribed by law, the Court cannot, in exercise of its power under Article 142, pass an order totally contrary to law. If such power could be used in a food adulteration case to impose a sentence lower than the minimum prescribed, then even in cases of murder and rape, this Court applying the same principles could impose a sentence less than the minimum.


This, in our opinion, is not the purpose of Article 142. We have no doubt in our mind that powers under Article 142 cannot be exercised in such a manner that they make a mockery of the law itself.”

GOVIND GUPTA

ASSOCIATE

THE INDIAN LAWYER