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25.04.2014
The National Green Tribunal agreed to extend the deadline to deposit Rs five crore fine levied on Art of Living foundation to April 4. While extending the deadline to April 4, the NGT laid down the condition that it would seize the amount that the foundation is to receive from the Ministry of Culture and Tourism in case AOL fails to deposit the remaining fine within the deadline. Meanwhile, the NGT had cleared the decks for Art of Living to conduct their mega spiritual event: World Culture Festival on the banks of Yamuna in Delhi.
The bench headed by NGT Chairperson Justice Swatanter Kumar said that petitioner delayed approaching The Tribunal against this event as work had already started at the sight. Earlier, NGT asked some tough questions to the council of Art of Living, and probed about the whole exercise.
Based on these reasons, the petitioner pleaded that such massive construction should be demolished without any consideration.
Earlier in the day, Ministry of Environment and Forests filed an affidavit stating that their clearance is not required for this event. Art Of Living also stated that liquid waste generated from the event would be managed by Delhi Jal Board as they have identified sewage area for the disposal, while solid waste management would be done by SPNL. The bench had asked Art of Living to provide details pertaining to construction of stage, leveling of flood plains, removal of debris and pontoon bridge over the river.
As per the replies filed by Art of Living council, a separate space would be created for visiting dignitaries so that crowd can be managed efficiently.
While fighting the case, petitioner argued that while DDA has allocated a space of 24.44 hectares, Art of Living has occupied 94 to 95 hectares. India Legal is an independent legal news magazine with a pan-India presence having 200,000 readers across India which includes young professionals, housewives, politicians, policy makers, businesspersons, bureaucrats and, of course, members of the legal establishment. In a surprise U-turn, the Modi government is singing praises to UPA’s rural social security scheme. WheN the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) completed its 10th anniversary on February 2, it was the NDA government that celebrated it with much gusto and enthusiasm, declaring it a landmark event. So how did the “living monument” of the UPA government’s “failure” transform itself overnight into a cause for “national pride and celebration”?According to government sources, the change of heart was in the main triggered by an event that made the BJP-led NDA government sit up and recast several of its priorities—the Bihar election results on November 8 last year. The rout in these assembly polls made the party do a rethink on not just its political strategy.
Decline in purchasing power resulting in plummeting sales of tractors, motorcycles and FMCG goods. Successive droughts and crop failure caused by unseasonal rains severely impacting agriculture. If in 2014-2015, `34,000 crore was budgeted for MGNREGA, in 2015-16, Finance Minister Arun Jaitley upped budgetary grant by `699 crore to `34,699 crore with the promise that another `5,000 crore would be alloted. The economy feeling pressured with rural people losing their purchasing power earlier enhanced by schemes like MNREGA. Though many economists had dismissed MNREGA as a wasteful expenditure, it was felt that schemes like that must be leveraged to the government’s advantage.
According to him, this thinking was being pushed for well over a year by farmer-friendly sections of the Sangh Parivar, although it had marginal effect on last year’s budget. Course Correction: Bihar Chief Minister Nitish Kumar’s victory last year forced the BJP to rethink its agenda. Many expected the government to release the remaining `3,000 crore while celebrating 10 years of MGNREGA at Delhi’s Vigyan Bhawan.
As Aruna Roy, Nikhil Dey and Annie Raja of Peoples’ Action for Employment Guarantee pointed out in a joint statement on February 2: “There were positive signs that Shri Arun Jaitley would announce the release of at least `3,000 crores—the balance of the amount promised in his budget speech, and asked for in a letter by the Minister of Rural Development on 30th December 2015. According to those monitoring MGNREGA, the demand for additional funds from state governments is understandable since budgetary allocations have not kept pace with inflation which has been growing in varying degrees over the last decade. Course Correction: The rural sector continues to be forlorn despite the launch of ambitious schemes. According to social scientist Jean Dreze who was among those who devised the MGREGA program, the scheme has not done as well as it should have because of flawed implementation and shortage of resources.
P Chidambaram, who served as finance minister in the UPA government, says: “The government did try to cut back the program. Course Correction: Social scientist Jean Dreze was among those who devised the MGREGA program. Former prime minister Manmohan Singh echoed the same thought while speaking at a Congress event in Anantapur district, Andhra Pradesh, where the MGNREGA program was launched 10 years ago. When it was introduced and passed by parliament in 2005 and implemented in 200 districts across the country in February 2006, MGNREGA was aimed at enhancing livelihood security in rural areas by providing at least 100 days of employment in a financial year to every household whose adult members volunteer to do unskilled manual work. If work is not provided within 15 days of applying, applicants are entitled to an unemployment allowance under the Act. There have been allegations that payments have been made to persons shown as doing work on paper or who have bee wrongly identified as poor. But the real reason for such a move, according to sources in the finance ministry, was to eventually scrap the scheme. But that is unlikely since the new thinking in the government is that rural India must also shine.
Needless to say, the social security scheme has its shortcomings and this needs to be corrected.
Information on this site must not be construed as legal or financial advice on specific matters. The world along with regional powers are maneuvering fissures in Iraq to wring out maximum benefit from the current bloody uprising. Events in Iraq over the past week were perhaps best crystallized in a series of photos produced by the jehadist group, the Islamic State in Iraq and the Levant (ISIL). In a series of pictures set to a purring jehadist chant, the mouth of a bulldozer is shown bursting through an earthen berm forming Iraq’s northern border with Syria.
Today, the most ardent defenders of those colonial borders sit in Baghdad, Damascus, Ankara, Tehran and Riyadh, while the Europeans and Americans, already fatigued by a decade of war in this part of the world, are desperately trying to sit this crisis out. With the jehadist threat fanning out from Syria to Iraq, Turkey is struggling to insulate itself from the violence and to follow a strategic agenda in Iraqi Kurdistan. In anticipation of the expanding jehadist threat sweeping Iraq’s Sunni belt, Iran over the past several months has been expanding its military presence along its northern border with Iraq.
The militants rampaging through Iraq’s core Sunni territories will only embrace deeper Iranian involvement in the conflict.
An outpouring of sectarian blood feuds will also make it all the more difficult for Iraq’s Shiite government to recruit enough allies among Iraq’s Sunni population to fight against the jehadists. As a bonus for Saudi Arabia, the price of Brent crude has climbed to $113 a barrel for the first time this year. Whether by mere coincidence, strategic design or a blend of the two, there are as many winners as there are losers in the Iraq game. Having graduated from Jindal Global Law School earlier this year, it was time for me to work over my career options that although seemed arduous in the start, eventually led me to working with a local firm based in Abu Dhabi, United Arab Emirates. One of the main differences between the two jurisdictions is that while India has remained a common law system, highly attributable to strong legal developments from the colonial times, UAE follows a civil law system. In India, higher court judgments bind the lower courts to act in light of their judgments since they form precedence and as Indian lawyers, every case we work on requires our in depth knowledge of the case history to understand and trace the law within such judgments.
This is not the case in UAE since higher court judgments only serve as a referential guide and is not binding on the lower courts. There are advantages and disadvantages to both the systems because as an Indian lawyer if I am to advise my client on a certain issue or matter which we hold contentious we are somewhat certain of the route the Indian courts will take in dispensing that judgment, whereas in UAE when we advise our clients we like to create a more ambiguous picture since no previous judgment remains binding and cases are largely assessed on a case to case basis which somewhat makes things slightly uncertain when trying to assess what route the courts in UAE will adopt. In addition, some of the international law firms have even undertaken mergers with local firms such as Baker & McKenzie with Habib Al Mulla. One of the major setbacks in UAE as an Indian graduate is that, other than the free zone areas such as Dubai International Financial Centre, which have their own set of laws, litigation may not be a very feasible career option to pursue here for Indians or other foreign lawyers. Compared to this, a large number of corporate lawyers in India transition into litigation or arbitration, and if they don’t it remains an option one can consider anytime. Since the constitution of UAE was adopted in 1971, one of the biggest advantages for an Indian law graduate who has been exposed to laws dated back to colonial times is using that knowledge and developing additional legal skills when working on policy matters and development of laws here in the UAE. The size of the big and leading law firms in UAE being approximately 90-100 lawyers while in India the big law firms are approximately 500-600 lawyers. Ramanuj Mukherjee is a corporate lawyer turned entrepreneur and an alumnus of National University of Juridical Sciences.


In a scathing indictment, the Internal Complaints Committee of TERI has recommended disciplinary action against the director-general.
IT is now not going to be easy for RK Pachauri, the director-general of The Energy and Resources Institute (TERI) to get away in a sexual harassment case. Reliable sources told India Legal that the ICC found that repeated attempts by Pachauri to foster personal relationships with employees was not only a conflict of interest and misuse of designation, it also amounted to violation of the prevention of sexual harassment policy. After a detailed review of messages that Pachauri sent to this employee, the ICC found that when she expressed discomfort over his behavior, he had retaliated by taking away her work and assigning it to other colleagues. It is learnt that the ICC examined the impact of the incident on the complainant’s health because of the harassment and found that it had seriously impacted her. On February 18, the complainant had filed a report charging Pachauri of sexually harassing her.
The source said that ICC recommended disciplinary action against Pachauri and wan-ted him to pay monetary compensation to the victim. Pachauri, then, filed another plea this fortnight asking the Delhi sessions court to permit him to attend office. TERI’s complaints committee found that the traumatised victim suffered from medical complications that affected her liver and induced weakness and extreme fatigue caused by stress.
Indira Jaising, former additional solicitor general of India, told India Legal that this case amazed her as it had not moved as fast as it should and that the Governing Council (GC) of TERI which has eminent personalities had not asked Pachauri to step down as director-general of TERI and as chancellor of the TERI University so that the probe could be carried out impartially. As the ICC report vindicated the charges leveled against Pachauri, he moved the Delhi High Court to stop publication of its findings.
The event would be held between March 11th and March 13th; and around 35 lakh people are expected to visit it.
In their verdict, NGT had stayed all activities on Yamuna bank, except work on World Cultural Festival; and also imposed a fine of Rs 5 crore (initially) for the ecological damage.
For example, the bench asked how 650 bio-toilets can be sufficient for 5 lakh+ people, who would be present at the venue at any given time? Around 1200 dustbins have been arranged, and 1000 volunteers would be managing the crowd and directing them.
For many, this came as a surprise U-turn since the ruling dispensation under Narendra Modi has all along been stridently critical of its predecessor government’s flagship social security scheme. He said this in parliament on February 27, 2015: “Sometimes, we are told that we will or we are about to discontinue MGNREGA or have closed down MGNREGA.
There were several economic factors which also came into the reckoning after the electoral reverses.
One expert view suggested the government provide money to people to spend in the market to generate demand. A finance ministry official explained to India Legal: “When the BJP think-tank met after the Bihar results, much thought was given to the state of the rural economy.
MNREGA was suddenly seen as something that could provide relief to a huge section of the people. If in 2014-2015, `34,000 crore was budgeted for MGNREGA, in 2015-16, Finance Minister Arun Jaitley loosened the purse strings ever so lightly and upped budgetary grant by `699 crore to `34, 699 crore with the promise that another `5,000 crore would be allocated subject to additional tax inflows. It is another matter that even that amount would have fallen short of the requirement given the spike in inflation and the extent of rural distress, further precipitated by the ongoing agrarian crisis. However, this announcement was not made, and today the MGNREGA faces a negative balance of funds in 14 states, and demands from many others that the rural development ministry is not in a position to meet.
In fact, the cash allocated has remained static at approximately the same level that it stood in 2010-11 —`39, 377 crore. It was on account of such rampant corrupt practices that the Narendra Modi government ordered a re-evaluation of the scheme after coming to power. Though many may see MGNREGA as a fund-guzzling sop, it has achieved much in the last decade.
All information is a public resource of general information, which is intended be accurate, complete and up to date but is not guaranteed to be so.
There was intense speculation and anticipation regarding the budget, as concerns were raised for increasing passenger fares and to bring in modernisation drive.
Sensationally called The Destruction of Sykes-Picot, the pictures confirmed the group’s intent to upend nearly a century of history in the Middle East. Keffiyeh-wrapped rebels, drained by the hot sun, peer around the edges of the barrier to observe the results of their work.
The burden is on the regional players to prevent a jehadist mini-emirate from forming, and beneath that common purpose lies ample room for intrigue. Turkey has forged an alliance with the Iraqi Kurdish leadership in a direct challenge to Baghdad’s authority. That force will likely expand, now that Turkey has an array of threats to justify such a presence—the ISIL and its jehadist affiliates are holding 80 Turkish citizens hostage—and a growing need to temper Kurdish ambitions. Tehran now finds itself in the uncomfortable position of having to reinforce its Shiite allies in Iraq militarily.
There is no better motivation for Arab Sunni fighters of various ideological stripes than a call to arms against their historical Persian foes.
Indeed, the ISIL would not have been able to mount its lightning surge across Iraq, had it not been for the substantial support it has received from local Sunni tribes, who in turn receive substantial support and guidance from sponsors in the Persian Gulf.
A Persian-American rapprochement is a living nightmare for the Sunni kingdom, as is the prospect of the United States becoming more self-sufficient in energy production. Former Baathist fighters from the Naqshabandiyya Way, along with Jaish al-Mujahideen and Jaish Ansar al-Sunnah are also playing a substantial role in the fighting. Saudi Arabia is not the only one that welcomes this bump in the price of oil; Russia is quite pleased with the outcome in Iraq as well. There is little either can do to keep Iran and the United States from negotiating a settlement. They are merely looked upon to clarify the position of the law but not as binding precedents. The disadvantage for the former common law Indian system is that when conducting research, our primary focus lies in using the law and researching through all the judgments passed on that matter which implies sitting behind books and spending hours trying to understand what the higher courts may have ruled over a particular issue. For any law graduate who interns in their offices here, they become well exposed to the workings of such firms and have an added advantage when applying for their training contracts. In India, the laws and judgments such as the 2009 Bombay High Court and the earlier Madras High Court verdict have rendered it impossible to open foreign law firms in India. To plead cases before the UAE courts, one is required to not just be well versed with Arabic (which is the official language of the courts) but as is the most common criterion, also be a UAE or GCC national. As a lawyer one becomes an active participant in the formulation of new laws and amendments since in comparison to India, there is huge potential for legal developments in UAE. I found law firms in UAE to be smaller in size to than that of an equally placed firm in India. He is a co-founder of iPleaders, and goes by the designation of Principal Integrator and Chief Philosopher. Never miss a post from India's most widely read blog on legal issues that affect the common person.
The Internal Complaints Committee (ICC) of TERI has validated the compliant of a 29-year-old female employee who alleged that he had sexually harassed her.
She had also said that she had lost out on career prospects due to the constant harassment.
It said that she suffered from several medical complications that affected her liver and induced weakness and extreme fatigue, as diagnosed by her doctor. As he filed for anticipatory bail, it was granted by the court on the condition that he co-operates with the police and does not enter the TERI office. It also suggested that the amount be deducted from his salary for the mental trauma, pain, suffering and emotional distress caused to her. However, Deepak Parekh, chairman of HDFC who is on the GC, told India Legal that the counsel had not seen the ICC report yet and had asked Leena Srivastava, the acting director-general of TERI, to examine the findings of the report. Pachauri had maintained that Section 16 of the Sexual Harassment Act prohibited publication by the media. President Pranab Mukherjee was expected to attend the festival, but later he cancelled his participation.
It had even sent out signals that the time had come to write the epitaph of the “populist” scheme which was proving “a drain on fiscal resources”.


With elections coming up in ten states over the next two years, including the most critical one in Uttar Pradesh, it was felt that several of these concerns had to be addressed.
But no relief was forthcoming from the FM and the rural employment scheme continues to be cash-strapped.
If one were to factor in inflation, then to maintain budgetary grants at the same level would mean an input of `61, 445 crore in this year’s budget. Stagnant real wages and persistent delays in wage payments have sapped workers’ interest in MGNREGA. In 2014-15 alone, the government of India did not make payment of `6,000 crore to states for already executed MGNREGA works,” he said.
In its World Development Report 2014, the World Bank termed it a “stellar example of rural development”. However, it soon came in for much criticism for its implementation and large-scale corruption which led to funds being siphoned. Your use of information on the Web Site or materials linked from the Web Site is at your own risk.
From the point of view of Iraq’s jehadist “celebrities”, the 1916 borders, drawn in secret by British and French imperialists represented by Sir Mark Sykes and Francois Georges-Picot to divide up Mesopotamia are not only irrelevant, they are destructible. With the consent of Turkey’s energy minister and to the outrage of Iraqi Prime Minister Nouri al-Maliki, two tankers carrying a few million barrels of Kurdish crude left the Turkish port of Ceyhan in search of a buyer, just as the ISIL was ratcheting up its offensive. While Iraq’s Kurdish leadership will be reminded of their deep distrust for Turkey, it will also be overwhelmed by its own challenges, not least of which is Turkey’s main regional competitor, Iran. Though Iran has perhaps the most sophisticated and extensive militant proxy network in the region to do the job, this strategy carries enormous risks. Most of the Sunni militias and the growing number of Awakening Council (Sunni fighters recruited by the United States to battle al-Qaeda in Iraq) defectors joining these militias coordinate directly with the Majlis Thuwar al Anbar (Anbar insurgents’ council), which in turn coordinates with the ISIL on a selective basis.
A mysterious meeting in Sochi Just days before the ISIL-led offensive in Iraq, a quiet meeting took place at Russian President Vladimir Putin’s vacation spot in Sochi on June 3. In fact, the jehadist threat in Iraq creates another layer of cooperation between Iran and the United States. However, it has been a lucrative and fruitful experience to the extent of building a momentum whereas it comes to my growth in the legal profession.
This is an advantage in UAE since our focus remains on researching the law, but primarily using legal strategy to advance a strong case for our client and that requires a strong legal acumen and understanding of the operation of laws and their application. For professionals working in Abu Dhabi, one is constantly in interaction with these firms and as a first year professional here, this has been one of the very rewarding experiences. Practically however, there had been a strong practice of maintaining friendly relations with foreign law firms.
Foreign consultants and foreign lawyers are usually never allowed to plead cases before the courts and while there maybe different practical methods adopted, it is still a restrictive legal career option in UAE.
This is highly advantageous because it helps identify legal issues, lacunas, strengthen legal research skills as well as in understanding the entire mechanism and workings of new laws. This could be attributed to the demographic difference whereby India ranks much higher than UAE.
When he is not busy trying to figure out how to make law more accessible to everyone, he loves to do writing and speaking gigs. Obviously, because the court did not want him to intimidate the employees or the ICC which was to submit its report.
The court observed that the right to livelihood was a fundamental right and could not be suspended for an indefinite period. He said that Pachauri was being tried by the media and the GC could not go by what it said and would wait for the court verdict to take action against Pachauri.
It is unlikely that the government would be so generous with its funding, although Jaitley has promised that there will be no cutting of funds for MGNREGA this fiscal. As Mr Modi has made a meal of his words, the time has come to convert the program into one that will create “durable assets” and become a “monument to social justice”.
This site carries externally created advertisements, the content of which is beyond our control and which should not be taken as being recommended or endorsed by us. Upping the ante, Turkish Energy Minister Taner Yildiz announced on June 16 that a third tanker would be loaded within the week. In fact, as we anticipated, the Saudis have had to swallow a bitter pill and open up their own dialogue with Iran.
Saudi Arabia’s acting intelligence chief, Yousef bin Ali al Idrisis, is believed to be in direct communication with the Majlis Thuwar al Anbar, affording Riyadh the opportunity to influence the shape of the battlefield — and thereby to entangle Iran in a highly sensitive spot. Putin invited Saudi Foreign Minister Saud al-Faisal to see him and Russian Foreign Minister Sergei Lavrov, who cut short an engagement in Moscow to get there on time.
That said, Washington is now facing another major Middle Eastern maelstrom at the same time it has been anxiously trying to prove to itself and everyone else that the United States has bigger issues to deal with in other parts of the world, namely, in Russia’s backyard. When the French and British were colluding over the post-Ottoman map in 1916, czarist Russia quietly acquiesced as Paris and London divided up the territories.
One of the fundamental questions I’ve persistently been asked by my peers and fellow graduates from India is this: what are the differences I face in my working as a lawyer in Abu Dhabi as compared to India. You get to udnerstand understand what sets the benchmark of these law firms higher than the rest, which in turn enhances your own personal growth in the legal field.
It also exposes you to understand the impact of culture in developing a law that is predominant in UAE since Sharia is considered one of the primary sources of law. However smaller sizes can be beneficial for beginners like me. Since the law firms in UAE are smaller in size, as a lawyer you witness no hierarchy because when working on projects and legal matters you work as a single team with the senior associates. But the source indicated that the ICC was under pressure from Pachauri and other seniors in TERI while it was investigating and compiling the report.
The court turned down his plea but asked the police to expedite the probe and complete it by July 17. When the victim has got a finding in her favor showing that she had been harassed, justice is secured, the bench added refusing to pass any order at that moment on Pachauri’s plea. I cannot make such a mistake because MGNREGA is a living monument of your (Congress’) failures. In many areas, the infrastructure required to implement MGNREGA’s internet-based processes is sorely lacking. But the Saudis are also not without options to make life more difficult for Iran, and if Riyadh is going to be forced into a negotiation with Tehran, it will try to enter talks on its own terms. Our attempt to obtain information about the gathering from Russian and Saudi contacts resulted in scripted and strangely identical responses that claimed that Saudi Arabia and Russia were discussing a power-sharing resolution for Syria.
If an Iraq-sized distraction buys Moscow time to manage its own periphery with limited US interference, all the better for Putin. Just a year later, in 1917, the Soviets threw a strategic spanner into the Western agenda by publishing the Sykes-Picot agreement, planting the seeds for Arab insurrection and thus ensuring that Europe’s imperialist rule over the Middle East would be anything but easy.
This blog attempts to highlight five fundamental differences, which I hope will assist every Indian lawyer attempting to pursue their legal career within the United Arab Emirates.
On a policy forefront this has been widely debated this year and bodies such as the Society of Indian Law Firms who earlier maintained a rigid stance on not opening the Indian market to foreign law firms are now proposing a phased sequential approach to allow entry of foreign consultants and foreign law firms in India. This becomes particularly important when developing one’s legal skills since it enables you to derive a lot of knowledge from the direct interaction and collaboration with your seniors and so far as a personal experience this is something I have witnessed first hand. After 60 years of Independence, people had to dig pits because of you, therefore it is a biggest example of your failures and I am going to propagate this with all my might. Thus the focus is on Mesopotamia (Iraq), where Iran cannot afford to see its Shiite gains slip and where Saudi Arabia—both the government and private citizens—has maintained strong ties with many of the Sunni tribes in Anbar and Mosul provinces that have facilitated the Sunni uprising. Syria may well have been on the agenda, but we suspect there was more to these engagements.
Meanwhile, if Saudi Arabia can weaken Iran and test US-Iranian cooperation, it might well be worth the risk for Riyadh to try—at least for the time being. In fact, the Saudis have branded it a terrorist organization and have even uncovered cells of the group on Saudi soil plotting against the kingdom.



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