LAW MADE EASY!
WHAT AMOUNTS TO DEFAMATION?
If a person makes or publishes any imputation, concerning another person, with an intention to harm the reputation of the other person, then he is said to have defamed the other person. This imputation may be by words, spoken or intended to be read or by signs or by visible representations.
A dead person can also be defamed. If the deceased person is alive, and the imputation harms his reputation, and is intended to be hurtful to the feelings of his family or other near relatives, then it will amount to defamation of a deceased person.
Not only an individual, but also a company, or an association or collection of persons may also be victim of defamation. To qualify for defamation, the imputation shall, in the estimation of others:
(a) lower the moral or intellectual character of the victim, or
(b) lower the character of the victim in respect of his caste or calling,
(c) Or lower the credit of that person.
If a person makes an imputation for the public good then it will not amount to defamation. Further if a person makes an opinion regarding the conduct of a public servant, in the discharge of his public functions, then it will not amount to defamation.
Similarly there are few other exceptions for the act of defamation, which are listed below:
a.If a person expresses in good faith any opinion respecting the conduct of any person, touching any public question, and respecting his character, so far as his character appears in that conduct, then it does not amount to defamation.
b.If a person publishes substantially true report of the proceedings of a court of justice, or the result of any such proceedings, it does not amount to defamation.
c.If a person expresses in good faith any opinion regarding the merits of any case, which has been decided by a court of justice, or regarding the conduct of any person, as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, then it does not amount to defamation.
d.Similarly it is not defamation to express in good faith any opinion respecting the merits of any performance, which its author has submitted to the judgment of the public, or regarding the character of the author so far as his character appears in such performance.
e.If a person having authority passes in good faith any censure on the conduct of another person in matters to which such authority relates, then it does not amount to defamation.
f.If a person makes an accusation in good faith, against another, to a person who has a lawful authority over the second person, then it does not amount to defamation.
g.Similarly if a person makes an imputation in good faith, for protection of his or other's interest then it does not amount to defamation.
ARE YOU ENTITLED FOR BONUS?
Every employee working in a factory or an establishment with twenty or more persons employed is entitled for a bonus from his employer, provided he has worked in the establishment for not less than 30 working days in that year. Even if an employer has no allocable surplus in an accounting year, he is liable to pay a minimum bonus to every employee, which shall be 8.33% of the salary or wage earned by the employee during the accounting year. The bonus entitled by an employee may go to the maximum limit of 20 % of his salary or wages.
For a new establishment, for the first five years, the employer is liable to pay the bonus only for those years where the employer derives profit. The bonus to an employee shall be paid by the employer within a period of eight months from the close of the accounting year. Where any dispute arises between an employer and his employee, with respect to the bonus payable, then it shall be treated as an Industrial Dispute and the provisions of the Industrial Disputes Act, 1974 shall apply. If any employer fails to pay bonus to his employees, then he shall be punishable with imprisonment for a term which may extend to six months or with fine up to one thousand rupees or with both.
Employees of LIC, universities, educational institutions, hospitals, RBI, NABARD, UTI, IDBI, SIDBI, NHB etc., are not entitled for Payment of bonus.
SARFAESI ACT 2002
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, was a remarkable peace of legislation with an objective to regulate securitisation and reconstruction of financial assets and enforcement of security interest and for matters connected thereto.
As per Sec 13 of the said Act any security interest created in favour of a secured creditor may be enforced with out the intervention of the court or tribunal. Where any borrower makes any default in repayment of any secured debt or any installment thereof and his account is a non performing asset, then the secured creditor may require the borrower, by notice in writing to discharge in full, his liabilities to the secured creditor within 60 days from the date of the notice.
If on receipt of such a notice, the borrower raises any objection, the secured creditor shall consider such representation or objection and if the secured creditor finds that such objection is not acceptable, he shall communicate within one week of such objection the reasons for non-acceptance of the objections.
In case the borrower fails to discharge his liability within 60 days period, the secured creditor may: -
a) take possession of secured assets of the borrower including the right to transfer by way of lease, assignment or sale, for releasing the secured assets.
b) Take over the management of the business of the borrower including the right to transfer by way of lease, assignment or sale, for releasing the secured assets.
The secured creditor may, by notice in writing, require any person who has acquired any of the secured assets from the borrower and from whom any money is due to the borrower to pay the secured creditor so much of the money as is sufficient to pay the secured debt. All costs, charges and expenses incurred by the creditor for the purpose of taking possession of the secured assets shall be recoverable from the borrower.
The secured creditor, instead of acting under his Act can first proceed against the guarantors or sell the pledged assets. No borrower shall transfer his assets after the receipt of the notice, without written consent of the secured creditor. The secured creditor can seek the assistance of Chief Metropolitan Magistrate to take possession of the secured assets and documents relating thereto.
If the dues are paid by the borrower, at any time before the date of sale, the secured assets shall not be sold or transferred by the secured creditor. If the dues of the secured creditor are not fully satisfied with the sale proceeds of the secured assets, the creditor may file an application to the DRT for recovery of the balance amount from the borrower.
SOME CLARIFICATIONS ON THE REGULARIZATION
SCHEME OF KARNATAKA GOVERNMENT
The regularization of unauthorized constructions and developments proposed by the Government of Karnataka is going on from 16-09-07 and it is to be completed by 14-12-07. Though the Government has made extensive arrangements for the successful realization of the objectives of the scheme, the public is left unanswered pertaining to many of their queries and clarifications. Here are some facts about the regularization scheme.
1. The regularization scheme is applicable all over Karnataka.
2. Regularization is required for formation of sites, land use violation, setback violation, and FAR violation.
3. Land use violation will be regularized by BDA, or the concerned planning authority.
4. For setback and FAR violation BBMP (in Bangalore) and local authorities in other areas are authorized to regularize.
5. The application forms are available from Bangalore One centers, post offices and Apex bank branches.
6. For residential buildings setback violation is permitted up to 50% and for Non-residential buildings up to 25%.
7. The usage of basements for residential or commercial purpose cannot be regularized under the scheme.
Many Banks are providing loans to pay the regularization fees. Some of them include SBI, SBM, Indian Overseas Bank, Bank of India, Axis Bank, HDFC Bank and Canara Bank.
9. BBMP has also provided hotline services from 12 am to 2 pm to give clarifications about the scheme. The numbers are 080-32440101, 32446161, and 32448181.
10. So far, around 1.6 lakh applications have been sold by BBMP. But only around 2,500 filled applications have been received.
11. BBMP has made some tie-ups with Institute Of Engineers for assistance to fill up the regularization application forms.
12. For properties coming within the purview of BDA, applications forms can be collected from the office of BDA.
13. Developments made in agricultural zone or green belt cannot be regularized under the scheme.
14. Constructions below high-tension electric lines, on civic amenity sites, land abutting storm water drain, tank bed, river course or canal cannot be regularized under the scheme.
15. The regularization fee cannot be paid in installments. The entire fee has to be remitted in the form of DD at the time of filing the application.
THE COMPETITION ACT 2003
The Jurisdiction, powers and authority of the Commission may be exercised by Benches which shall be constituted by the Chairperson. The Bench shall consist of not less than two members.
On receipt of a complaint or a reference from the Central Government, or a Statutory authority or on its own knowledge or information, the Commission is of the opinion that there exists a prima facie case, then it shall direct the Director General to cause an investigation to be made into the matter.
The Commission can levy penalty for contravention of its orders, failure to comply with its directions, making of false statements or omission to furnish material information, etc. Further the Commission can levy upon an enterprise a penalty of not more than 10% of its average turnover for the last three financial years. It can also order division of dominant enterprises. It will also have power to order demerger in the case of mergers and amalgamations that adversely affect competition.
The act provides for a fund called the Competition fund. The grants given by the Central Government, fees received under the Act and costs realized by the Commission and application fees charged will be credited into this Fund.
Roads notified for road widening
The Bangalore Mahanagara Palike has notified the following roads for road widening and for granting transfer of development rights vide a notification dated 18-01-05.
1. Bellary Road: From Hebbal Flyover to Minsk square;
2. Palace Road: From Mysore Bank Circle to High Grounds Police Station;
3. Sheshadri Road: From Central Jail Cross to KR Circle;
4. Nrupatunga Road: From KR Circle to Hudson Circle;
5. Vidhana Veedhi: From Gopalgowda Circle to KR Circle;
6. Mission Road: From NR Road to KH Road;
7. Devanga Hostel Road: From Hudson Circle to Mission Road;
8. Sankey Road: From Cauvery Theatre to Yeshwanthpura Circle;
9. Jayamahal Road: From Mekhri Circle to Cantonment railway station;
10. Hosur Road: From Central Silk Board to Yenkay Factory.
11. Hosur Luskar Road: Yenkay Factory to Richmond Road;
12. Victoria Road: D'Souza Circle to Airport Road;
13. Lower Agaram Road: Hosmat Hospital to National Games, Koramangala;
14. Sarjapura Road: Kendria Sadana Road to Agaram Road, Ring Road cross;
15. Hosur Road: Lalbagh main gate to Yenkay Factory via Dairy Circle;
16. Dickenson Road: MG Road to Ulsoor Road;
17. Ulsoor Road: Dickenson Road to Kensington Road;
18. Kensington Road: MG Road to Murphy Road;
19. Murphy Road: Ulsoor lake to Old Madras Road;
20. Old Madras Road: Trinity Circle to Murphy Road via Ulsoor;
21. Airport Road: Trinity Circle to Airport Helicopter Division.
The Bangalore Mahanagara Palike has notified the following roads for road widening and for granting Transfer of Development Rights:
1. Cottonpet main road (from Kempe Gowda bus station to Mysore Road)
2. Avenue road (from KR Market to KG Road (SBM Circle)
3. Mysore road (from Sirsi Circle to Ring Road)
4. Mahalakshmi Layout and Nandini Layout Main Road via Ayyappa temple & Singapore Layout (from West of Chord Road to Outer Ring Road in Nandini Layout)
5. KR Road (from Subbaram Chetty Circle to M.M Industries behind Yediyur tank)
6. Sultan Road (from Royan Circle to Brigand Square)
7. 1st Main Chamrajpet (from Royan Circle to 3rd Cross Chamrajpet)
8. 3rd Cross Chamrajpet & Bull Temple Road: from BHS School to 1st Main Chamrajpet
9. Link Road: from Gitanjali Theater to 1st Main Seshadripuram
10. Padarayanapura Main Road: from Pipeline Road Vijayanagar to Binny Mill Tank Bund Road
11. Bull Temple Road via NR Colony Channamma Tank Bed & 30th Main BSK 3rd stage: from BMS College to Ring Road in BSK 3rd stage petrol bunk near junction of Ring Road & Puttalingaiah Road
12. KG Road: from Mysore Bank Circle to Elite Hotel and Upparpet police station
13. Dr. Ambedkar Road (Tannery Road): from Madhava Mudaliar Road (Madras railway line) to Ring Road
14. Hennur Road: from Pottery Road to Ring Road
15. Banaswadi Road & Wheeler Road: St. John’s Church Road to Ring Road
16. Magadi Road: from Housing Board colony to Ring Road near Beggars Colony
17. Kurabarahalli Main Road in ward 16: from Shankar Mutt to Pipeline Road
18. 17th Main J.C Nagar in ward 13: from Pipeline Road to bridge in Outer Ring Road
19. 5th cross road Malleshwaram: from Mohammaden Block to Geetanjali Theatre
20. Commissariat Road: from Mayo hall Jn to D’Souza Circle
21. Racecourse Road: from Ananda Rao Circle to Basaveswara Circle
22. Kasturba Road: from Siddalingaiah Circle to Queens Statue Circle
23. Suranjan Das Road: from Kuvempu Circle (Airport Road) to Old Madras Road
24. Infantry Road: from Ali Askar Road to Main Guard cross road.
THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971
The Medical Termination of Pregnancy Act 1971 was enacted by the Parliament to provide for the termination of certain pregnancies by Registered Medical Practitioners and for matters connected therewith.
Accordingly, a pregnancy may be terminated by a Registered Medical Practitioner, if the length of pregnancy doesn't exceed more than 12 weeks and he is of the opinion that the continuation of the pregnancy would involve a risk to the life of the pregnant woman or of great injury to physical or mental health or that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.
If the pregnancy exceeds 12 weeks, but doesn't exceed 20 weeks, the opinion in good faith as above, of two Registered Medical Practitioners is required for the termination of pregnancy. Where any pregnancy is alleged to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant women. Similarly where any pregnancy occurs as a result of failure of any device or method by any married women or her husband for the purpose of limiting their children, the anguish caused by such unwanted pregnancy shall be presumed to constitute a grave injury to mental health of the pregnant women.
No pregnancy of woman who has not attained the age of 18 years or having attained the age of 18 years who is a mentally ill person shall be terminated except with the consent in writing of her guardian.
REGULARISATION OF UNAUTHORISED DEVELOPMENTS AND CONSTRUCTIONS
The Government of Karnataka has amended the Karnataka Town & Country Planning Act, 1961 as well as the Karnataka Municipal Act, with a view to regularize certain unauthorized developments and constructions. For violations pertaining to buildings, setbacks and floor areas, the Screening Committee constituted under BBMP will process the applications. For regularizations of unauthorized layouts and sites or for change in land use, BDA is the authority to regularize the same and subsequently the Screening Committee of BBMP will regularize the building violations therein.
Applications for regularization are of three types. The yellow color application is for regularization of unauthorized layouts and plots; pink application form is for change in land use; the green application form is for applying for regularization of building violations. The present scheme is available only for a limited period of three months. It has commenced from September 15th 2007 and will be in force till 14th December 2007.
Under this scheme, setback violations, up to 50% percent in case of residential buildings and up to 25% in case of non-residential buildings can be regularized. Similarly FAR violations up to 50% in case of residential buildings and up to 25% in case of non-residential buildings can be regularized. Similarly buildings with land use violations and violations pertaining to sites in both converted and non-converted land and buildings constructed on non-converted lands can be regularized using this one time opportunity.
The Handbooks containing details for regularization are available at Bangalore One Centers, Post Offices and Apex Bank branches. The applications come along with the handbook. There are worked examples in the Handbook for various types of regularization. If the building that is to be regularized has more than two floors, a structural engineer has to certify that the building is structurally safe. The application should be accompanied by the required documents and respective fees.
After 14th December 2007, the applications will be processed for their corrections and if the violations are within permissible limits, then the screening committee will recommend for regularization. The competent authority will issue a certificate in this regard.
The BBMP has set up information kiosks at their 8 Zonal offices, various Citizen Service Centers, BBMP complexes, various BDA Complexes, KSRTC and BMTC Bus stands. If one fails to apply for regularization within the prescribed time, then supply of water and electricity to the building will be liable for disconnection.
Encroachments on government lands, on neighbor's lands, constructions on basements, land reserved for civic amenities, land below high tensions wires, developments in the agriculture zone or the green belt areas etc. cannot be regularized.
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