Tata Sons, its IT firm win legal battle over domain name - India

29 mar 2013

Tata Sons, its IT firm win legal battle over domain name

New Delhi: Tata Sons Ltd and its subsidiary Tata Infotech Ltd have won a legal battle over domain name www.tatainfotech.in in the Delhi High Court which restrained Arno Palmen from using it in any of its activities.

"The defendant no 1 (Arno Palmen), its servants, agents and assigns and all others acting on behalf of the defendant are restrained from conducting any business or dealing in any manner including using domain name www.tatainfotech.in or the word TATA or any name comprising of the same or deceptively confusingly similar to it regarding any goods, services or domain," Justice M L Mehta said.

The court also asked Key-Systems GmBH, which is an international ICANN accredited registrar for internet addresses, to cancel registration of domain name www.tatainfotech.in, granted to Arno Palmen.

The judgement came on a lawsuit filed by Tata Sons Ltd, the principal investment holding company of Tata Group, which was established in 1917, and its subsidiary Tata Infotech Ltd, seeking to restrain Arno Palmen from using the domain name and trademark term 'TATA'.

The oldest and largest corporate conglomerate with a turnover of $9 billion, in its plea, said the name 'TATA' has been derived from the surname of its founder J Nusserwanji Tata and Palmen cannot be allowed to use "deceptively" similar term or words.

"The name TATA has consistently been associated with and exclusively denotes the conglomeration of companies forming the Tata group, which is known for high quality of products manufactured and/or services rendered by it under the trademark/name TATA and ...House of Tatas comprises over 50 companies which use TATA as a key and essential part of their corporate name," it said.

Tata Infotech Ltd, which was also a party to the case, said it had registered domain name www.tatainfotech.com in January 1998 to "advance its business activities".

The IT major said it came to know on February 21, 2005, that Arno Palmen had got domain name www.tatainfotech.in registered in its favour. The firm said it was deceptively similar to the domain name being used by it.

If anyone uses Tata's trademarks on the internet, it can cause "tremendous loss and damage to their business", the plea said, adding, Tata Infotech has been "the prior user with respect to the said domain name ever since the year 1998."

India complete clean sweep over Australia with historic win in Delhi Test - India

24  mar  2013

Dr Sanjay Kumar Cardiac Cardiothoracic Heart Surgeon India

New Delhi:  It was expected to be a tricky chase, but India's Gen Next put its hand up to fashion a remarkably commanding, series-sweeping victory at the Feroz Shah Kotla.

On another action-packed day of Test cricket, India sealed their domination of Australia in one of the most one-sided series in recent times, racing away to a six-wicket triumph with more than two days to spare, in the process completing their first 4-0 sweep in Test history.

The demons in the Kotla deck, which had threatened to increasingly, alarmingly, deteriorate with every second, were emphatically laid to rest by Cheteshwar Pujara and Virat Kohli, the two young men making light of what appeared a dicey fourth-innings riposte after Australia had set India 155 for victory.

The ease and felicity with which Pujara in particular, and Kohli – paling only in comparison – negotiated the threat of Nathan Lyon, Australia's hero in the first innings when he picked up career-best figures of 7 for 94, warmed the cockles of a massive gathering which cheered every run, initially nervously and then with increasing gusto as the target was reined in with ridiculous ease. Pujara finished unbeaten on a magnificent 82, shoring up the Indian chase which came to a fruitful end when Mahendra Singh Dhoni, fittingly, slog-swept Lyon to the mid-wicket fence.

The day had begun pregnant with possibilities, India resuming on 266 for 8 in reply to Australia's 262. India's resistance lasted all of eight minutes, Lyon accounting for Ishant Sharma and Pragyan Ojha off successive deliveries to make it a second-innings faceoff.

Without bowling as well as they ought to have, India still picked up wickets at regular intervals, this time embracing the role of unbecoming sledgers. With Ravindra Jadeja doing the bulk of the damage on his way to a maiden five-for, Australia were staring down the barrel at 94 for 7. Embracing a positive mindset, Peter Siddle counter-attacked on his way to becoming the first No. 9 in Test history to make two half-centuries in the same match, propelling Australia to 164 all out.

Siddle's resistance and crucial partnerships with Matthew Wade and James Pattinson had given Australia a glorious chance of salvaging pride with a face-saving victory. Australia came out full of beans, convinced that they had enough in the tank to work with, but they hadn't contended with the positivity and supreme confidence with which Pujara and Kohli approached the task after Murali Vijay had thrown his hand away.

Vijay, a picture of restraint and commonsense during his last four innings, attempted a low percentage reverse sweep against Glenn Maxwell, opening the bowling alongside Lyon, to allow Australia a look-in, but Pujara and Kohli shut the door on their face emphatically with a wonderful association marked by incandescent strokeplay and excellent running between the wickets. Looking none the worse for having taken a blow on his right index finger which kept him off the park throughout the Australian second innings, Pujara moved beautifully into his strokes, quick to use his feet to the spinners and smacking Mitchell Johnson for three fours in one over through a mix of innovation and orthodoxy.

Kohli, all fire and brimstone during the Australian batting, was a picture of composure and unflappability with bat in hand. There was one stunning offdrive off Maxwell, and a pull off a Lyon long hop, but that was about as much liberty as he allowed himself in the early part of his innings. He was more than happy to admire Pujara's handiwork from the best seat in the ground, and quick to egg his partner on even as he studiously ignored the Australian chatter, which visibly dissipated as the runs kept flowing at a rapid pace.

Pujara and Kohli had put on 104 in just 123 deliveries and taken the team to within 32 of the target when Kohli was trapped in front for the second consecutive day by Lyon. That triggered a mini collapse as India lost Sachin Tendulkar in similar fashion and Ajinkya Rahane to an extraordinarily poor stroke during a phase of 3 for 5 in 17 deliveries. Enter Dhoni to calm the nerves, and it was all over a few minutes thereafter.

All this, after Australia had announced their intent by sending Maxwell out to open with David Warner. The idea was obviously to take on the new ball and get Australia off to a brisk start, but those plans quickly came unstuck when Jadeja dismissed both openers in quick time, sending Warner off with a mouthful of obscenities that did him very little credit.

Like India had done the previous day, Australia too decided that attack was the best option, what with the ball jumping or shooting through, and turning prodigiously off loose areas and firm. Ed Cowan was the first too pull off aggression, using his feet nicely both in coming down the pitch or going back deep into his crease, but through Jadeja, R Ashwin and Ojha, India kept plugging away.

From 53 for 5, Australia recovered slightly through Steve Smith and Wade and their stand of 41 when, soon after lunch, Jadeja cleaned up Smith with a straighter one that the batsman didn't offer a shot to, and Johnson, bowled through the gate first ball with wickedly turning delivery. At 94 for 7, the end was in sight when Siddle assumed charge with a wonderful innings that drove India ragged.

Unafraid to dance down the track and hit in the air, Siddle first challenged, then mastered India's three-pronged spin attack. Not only was he scoring runs, but he was scoring them quickly; with each run accrued, the pressure mounted on India and Dhoni had to perform a delicate balancing act between looking for wickets and keeping an eye on the score board.

Wade and Pattinson were able allies during the Siddle show, forcing Dhoni to, finally, turn to Ishant Sharma for the first time in the 43rd over of the innings. Ishant breached Pattinson's defences in his second over and Ashwin eventually got rid of Siddle, jumping out once too often and being smartly stumped off a clever, flatter delivery well wide of off.

At that stage, it was anybody's game. Pujara, with no little help from Kohli, made sure it wasn't anybody else's but India's.

SC stays proceedings against Arun Nehru in pistol deal case - India

22  mar   2013

New Delhi: The Supreme Court on Friday stayed till further order the proceedings pending in a trial court in a corruption case relating to purchase of pistols for the Army in 1998 in which former Union minister Arun Nehru and others are accused.

A bench headed by Chief Justice Altamas Kabir stayed the proceedings before the trial court which had fixed March 30 for commencement of arguments on charges in the case.

Nehru had moved the apex court against the order passed by the Delhi High Court which had refused to stay the proceedings.

Senior counsel Vikas Singh and advocate Sandeep Kapur, appearing for Nehru, told the apex court that the order on cognisance by the special CBI court was passed "in a casual and perfunctory manner" as the sanction to prosecute Nehru, a public servant, was not taken before proceeding against him.

"It is pertinent to mention that the bar to taking cognisance under section 197 CrPC is operative even after a person ceases to be a public servant by retirement or otherwise and as long as the act complained of is related to his duties while he was a public servant sanction ought to be sought against the said person," Nehru, in his petition, said.

According to the FIR registered by CBI against Nehru, who was then a Minister of State in the Home Ministry, he along with two other senior officials had allegedly caused a loss of Rs 25 lakh to exchequer in a pistol deal with Czechoslovakia in 1988.

The case dates back to 1985-86 when BP Singhal, the then additional secretary in the Home Ministry, and AK Verma, then director in the Home Ministry, allegedly conspired with Nehru, the then Minister of State (Internal Security) for Home Affairs, to execute the deal.

However, proceedings against Singhal and Verma have abated as they have died. CBI had alleged that Nehru had ignored the guidelines for conducting the evaluation of 9 mm pistols.

The trial court had taken cognisance of the 24-year-old case against the accused after rejecting CBI's closure report which had contended that nothing incriminating could be found against Nehru during the protracted probe.

Nehru, in his petition filed before the apex court, had contended that the high court had failed to appreciate that in "the instant matter cognisance has not been taken under the Prevention of Corruption Act, 1988 but under Prevention of Corruption Act, (Act II), 1947, under which, there is no such bar on stay of proceedings."

CBI, in its probe in the case, had found that a policy decision to replace .38 mm revolvers with 9 mm pistols was taken on February 21, 1986, following which global tenders were invited and the deal was finally clinched with Czech firm Merkuria Foreign Trade Corp for purchase of the pistols.

CBI had told the trial court that the investigations did not reveal any written instruction by Nehru. "No prima facie evidence has come (up) that the accused had committed any misconduct or had misused his office with regard to the deal," CBI had said.

It had also submitted that Nehru gave approval for the purchase on the recommendation of the then Home Secretary.

CBI had filed the closure report on June 13, 2007 but the trial court had rejected it observing that a few documents reflected involvement of the accused in the case.

The court had taken cognisance of the offences punishable under various sections of IPC including sections 420 (cheating), 120-B (criminal conspiracy) and also under the provisions of the Prevention of Corruption Act.

Asaram Bapu's Holi splurges banned by Maharashtra - India

19  mar  2013

Asaram Bapu's Holi splurges banned by Maharashtra

Dr Sanjay Kumar Cardiac Cardiothoracic Heart Surgeon India

Mumbai: The Maharashtra government has banned self-proclaimed spiritual guru Asaram Bapu's Holi celebrations. The directive comes after Asaram Bapu, along with his followers, continued to indulge in pre-Holi revelry in and around Mumbai in defiance of an earlier government order against it. The festivities have been widely criticised for resulting in wastage of thousands of litres of water at a time when the state is facing its worst drought since 1972.

The 71-year-old's trust, though, continued to back him despite the criticism, saying the revelries did not amount to wastage of water. "Palaash flowers, tulsi, neem, Ganga jal and other ingredients were mixed with water. This has medicinal value. Followers take it as Prasad," Neelam Dubey, Asaram Bapu's spokesperson, claimed. "This formula is from our scriptures and I have myself seen the benefits as Bapuji's followers confirm that this solution prevents skin diseases, cools down body temperature and casts away depression," she added.

Angered by the media's criticism that over 50,000 litres of drinking water had been wasted in Nagpur for the self-styled godman's function on Sunday, Asaram Bapu's followers had assaulted journalists at his Holi celebrations yesterday in Navi Mumbai. Three mediapersons were injured and the police have now arrested 23 people on connection with the incident. Home Minister RR Patil said that inflammatory speeches were the main reason why his followers got provoked.

Incidentally, just before the violence broke out, Asaram Bapu had, at the public gathering, openly abused the media. "The media says I am wasting water...So should I do what these bastards say?" he had said.

"The context in which he said this is justified. He didn't abuse the media but those who were conspiring and using unscrupulous mediapersons against him. Hence, there is nothing wrong in this," Ms Dubey said, justifying the remarks.

US to go ahead with human rights resolution against Sri Lanka - India

18  mar 2013

Washington: The US is going ahead with its resolution against Sri Lanka at the UN Human Rights Council in Geneva as the Rajapaksha government has failed to fulfill its international obligations, which it promised after the fall of the LTTE, the Obama Administration said today.
Without naming any one, State Department spokesperson Victoria Nuland told reporters at her daily news conference that the US is working with a lot of governments who share its concerns about the lack of progress in Sri Lanka.
"It is not a surprise to the government of Sri Lanka that we are doing this. We made clearly publicly and privately that this was a response to the fact that we just didn't see the kind of movement that was necessary.
We didn't see promises fulfilled. So we're being very transparent with the government of Sri Lanka and we're expecting strong support for the resolution that we've put forward," Nuland said.
"I remember when the (Sri Lankan) Foreign Minister was here last year and met with (the then) Secretary (of State, Hillary) Clinton, she made clear that if we didn't have progress, we would go forward, and that's what we've done," she said.

The Sri Lanka government needs to fulfill its promise and international obligations, she said when asked the views of the critics of the American resolution that this would boost the moral of pro-LTTE groups in the country and world over.
"The best thing that the government of Sri Lanka could do for its own people and to undercut the claims of these groups would be to fulfill the obligations that it made to the international community to take the process forward. So that hasn't happened and we are taking more measures in the Human Rights Council to make clear that progress has been insufficient," Nuland said.
The US had adopted a similar resolution last year with India's support which bound Sri Lanka to make rapid progress on reconciliation with the Tamils.
Sri Lankan forces had crushed LTTE in May 2009 after nearly three decades of brutal fighting. The conflict claimed up to 1,00,000 lives, according to UN estimates, and both sides are accused of war crimes.

North Korea has missile that can reach US: lawmaker - India

17  mar  2013

North Korea has missile that can reach US: lawmaker

Washington: Nuclear-armed North Korea has a ballistic missile that could hit the United States, the leading lawmaker on the US House of Representatives intelligence committee warned Sunday.

Congressman Mike Rogers also raised concern that North Korea's young leader Kim Jong-Un is trying to prove himself to his military and that Washington could not be sure of his "stability."

"They certainly have a ballistic missile that can reach US shores," Rogers told the CNN news network, without specifying whether he was referring to the more exposed US states of Alaska and Hawaii or to America's west coast.

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"You have a 28-year-old leader who is trying to prove himself to the military, and the military is eager to have a saber-rattling for their own self-interest, and the combination of that is proving to be very, very deadly."

North Korea has tested missiles that could strike South Korea or Japan but has yet to demonstrate it has the capability to fire long-range missiles that could reach the continental United States.

It is also not clear how close North Korea is to being able to convert one of the nuclear devices that it has tested to function as a missile warhead.

On Friday, the United States said it would beef up its defenses against a possible North Korean missile strike a week after Pyongyang threatened a "pre-emptive" nuclear attack against its arch enemy.

Defense Secretary Chuck Hagel said 14 more interceptors would be stationed in Alaska by 2017, increasing by almost half the number already deployed along the California and Alaska coastlines.

Pyongyang has threatened to unleash a second Korean War - backed by nuclear weapons - in response to UN sanctions imposed after its third atomic test last month and to joint South Korea-US military maneuvers.

"This is something that we have to take seriously, and you can see that they're looking for some provocations, not just along the border, but there are some islands that they're interested in," Rogers said.

Rogers acknowledged the United States knew more about Kim's father, Kim Jong-Il, than it does about the country's current head.

"We just don't know the stability" of the 28-year-old, Rogers said.

Pakistan is source of fake Indian currency notes, says government - India

12  mar  2013

Pakistan is source of fake Indian currency notes, says government

Dr Sanjay Kumar Cardiac Cardiothoracic Heart Surgeon India

New Delhi: Pakistan has been a direct or indirect source of fake Indian currency notes (FICN) seized in the country, government said today.

"As per available inputs from central intelligence and investigating agencies, some consignments of high quality FICN have been either directly or indirectly sourced by Pakistan via Bangladesh, Nepal, Sri Lanka, Thailand, Malaysia and UAE," Minister of State for Home Affairs RPN Singh told the Lok Sabha in a written reply.

Out of the seven cases being investigated by National Investigation Agency (NIA) involving production, circulation and smuggling of high quality counterfeit currency, in one case evidence has come on record that fake currency was being used to fund terrorism, he said.

"During the investigation of the case pertaining to the activities of David Coleman Headley and others, it was revealed that FICN were given to him for using these in India," Singh said.

The government has constantly raised the issue in international bilateral and multilateral fora dealing with such issues, he said.

Union Cabinet to discuss bill on anti-rape law today - India

11  mar  2013

Union Cabinet to discuss bill on anti-rape law today

Dr Sanjay Kumar Cardiac Cardiothoracic Heart Surgeon India

New Delhi: The Criminal Law (Amendment) Bill, which proposes jail term to a rape convict for his entire life, will be taken up at a special meeting of the union cabinet today, Union Home Minister Sushil Kumar Shinde said in Delhi on Monday.

Seeking to dismissing reports of any differences in the Cabinet over the bill, Mr Shinde said "there is a difference of opinion on legal points, which is being addressed to and it will be taken up tomorrow at the special cabinet meeting."

Mr Shinde said the Law Ministry has to vet all proposals before the government takes the next step. The fresh bill will replace the ordinance on crimes against women promulgated last month which had prescribed life imprisonment as the maximum punishment for those committing rape.

It will also replace the Criminal Law (Amendment) Bill, 2012 introduced in the Lok Sabha in December last. Earlier Finance Minister P Chidambaram, who heads the Group of Ministers on media, had also dismissed reports about differences in the government over the bill and said there are different points expressed by different people with some suggesting that the word sexual assault must be retained while others favour the term rape.

According to sources, there was difference of opinion over the lowering of consent age for sex from 18 to 16, which was being addressed to.

Ireland to enact abortion legislation by July - India

10 mar  2013

Ireland to enact abortion legislation by July

Dr Sanjay Kumar Cardiac Cardiothoracic Heart Surgeon India

File picture of protests after Savita Halappanavar's death

London: The Irish government has said it would enact a law by the end of July to reform the nation's controversial rules for abortion following the death of Indian-born dentist Savita Halappanavar.

The government has informed the Council of Europe that it plans to publish the bill by April and enact the legislation by the end of July.

Ireland's stringent anti-abortion laws reignited protests and debate after 31-year-old Halappanavar died as a result of a miscarriage at University Hospital Galway back in October 2012.

Halappanavar died due to blood poisoning after Irish doctors allegedly refused to terminate her 17-week-long pregnancy, telling her that "this is a Catholic country".

The family of Halappanavar claims her death was avoidable as she had asked for an abortion several times before she died.

An independent review into her case had highlighted a "litany of failures" by hospital staff.

The Strasbourg-based Council monitors the implementation of judgements made by the European Court of Human Rights, which had ruled in December 2010 that Ireland was under a legal obligation to put in place legislation or regulation on the issue.

Despite the fact abortion has been legal in circumstances where there is a substantial risk to the life of the mother since a 1992 Supreme Court ruling, successive Irish governments have failed to enact legislation to give full effect to the ruling.

In the aftermath of Halappanavar's death, a committee set up by the Irish Parliament heard submissions in Dublin earlier this year on drafting new abortion laws.

The nation's Health Service Executive (HSE) had also announced a plan to roll out the Irish Maternal Early-Warning System this month as a response to the death of the Indian dentist, who died at Galway University Hospital.

The early-warning system is designed for early detection of a range of life-threatening conditions, including sepsis, among women during and before childbirth - believed to be the ultimate cause of Halappanavar's death.

An early-warning system for patients is in place in most hospitals in Ireland, including Galway, but it was not in place in the hospital's maternity unit, as currently a different system is required for pregnant patients.

In its update on the case, due to be published on Monday and reported in the Irish media today, the Council of Europe said the committee "noted with satisfaction" that the Irish authorities have decided to implement the judgement by way of legislation and regulations.

It also reiterated the need for the Irish authorities to "take all necessary measures" regarding women who are of the opinion that their life may be at risk during pregnancy, pending full implementation of the judgement.

Norah Jones performs first time in India

04  mar  2013

Norah Jones performs first time in India

Dr Sanjay Kumar Cardiac Cardiothoracic Heart Surgeon India

Norah Jones performs during her concert at ‘A Summer's Day’ festival in Mumbai on March 3, 2013. Norah dedicated the performance to her late father. (Image: AFP)

American singer-songwriter and pianist Norah Jones performed live for the first time in India.

The Grammy winning daughter of late sitar legend Ravi Shankar gave her maiden performance during 'A Summer's Day' festival in Mumbai.

Norah dedicated the performance to her late father. The festival also featured acclaimed singer-songwriter Siddharth Basrur (Mumbai) and one of the country's most talented drummers Jivraj Singh (Kolkata).

Mumbai's newest music festival 'A Summer's Day' took place late last evening at Mahalaxmi race course. After Mumbai, Norah will be performing in New Delhi on March 5-6 and Bengaluru on March 8.

The festival aims to raise awareness towards breast cancer.

Tibetans seek regularization of encroachments - India

03 mar 2013

DHARAMSHALA: In a fresh development in the ongoing operations of the forest department to clear illegal encroachments by Tibetans in McLeodganj, Tibetan authorities have urged the state government to regularize these lands, stating that they have been living here since they took asylum in India after China invaded Tibet.

However, chief minister Virbhadhra Singh said here on Sunday that the government is not in any such mood and will go through the legal course in the matter.

There were about 1,058 cases of encroachment in Kangra district, which included about 180 cases related to encroachments by members of Tibetan society, including monasteries.

The Tibetan settlement office in its appeal has also given reference to the letter written by the Dalai Lama in 1992 to the then chief minister asking to regularize these forest encroachments.

"It was in the year 1959 that thousands of Tibetans came to India with Dalai Lama and took asylum in India. From 1960 to 1992, no one came to evacuate the land and then Dalai Lama had written to the then chief minister, Shanta Kumar, requesting him to regularize these lands. The government had then told verbally that they will do this," the letter written by the Tibetan settlement office to forest department said.

Asked by TOI whether the government will regularize these encroachments, Virbhadra Singh said that the government will look into he legal options in this case.

"We will look into all legal points in the matter. I will ask for details from the department which I don't have right now. A decision will be taken only after going through all legal courses," said the CM, who was in Dharamshala on Sunday.

In 1992, the Dalai Lama had urged the government to either extend the period or to regularize the land. However, the high court had set a deadline of March 31, 2013, to clear all such intrusions in cases of forest land encroachments. As such. the forest department may face contempt of court charges, if a satisfactory reply is not filed before the high court, sources said.