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Prez rule likely in Delhi as political deadlock continues
DMK rules out tie-up with Cong for LS poll
Beni: ‘Hitler' Modi, Mulayam 'Mussolini' hand-in-glove
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Modi mocks at Rahul over Lokpal Bill
Lokpal Bill weak, saddened by Hazare’s stand: Kejriwal
Have read the Bill properly, says Hazare
Union minister Sis Ram Ola passes away
UP riot victims refuse to return home
Jairam for flexibility in NREGA
BJP supports apex court judgment on gay sex
Delhi poll result casts shadow on Modi wave
States oppose RTE no detention policy
No end in sight to House logjam over Telangana
Storm over ads propagating Christianity
Volvo mishap: Driver was on double duty
Give reasons for every ruling, SC tells AFT
Badal, Sharif pledge to promote peace, growth
From pain to gain: Kabaddi brings rural champs to limelight
Chinese troops apprehend five Indians in Chumar
Tax default: Kingfisher’s assets attached
Mere undertaking not enough in mortgage cases: SC
It takes 19 yrs for a criminal case to cross the FIR hurdle
1 killed, 4 hurt in grenade attack
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Prez rule likely in Delhi as political deadlock continues
New Delhi. December 15 Lt Governor Najeeb Jung on Saturday sent a detailed report to President Pranab Mukherjee about the current political situation and mentioned that government-formation in Delhi was not possible now. The tenure of the current assembly will end on December 18 and President's rule has to be imposed after that if a government is not put in place by then, top officials said. They said Jung was now waiting for a directive from the Centre. The Aam Aadmi Party (AAP) had yesterday put the onus on Congress and BJP for taking its support to form a government by putting forth 18 conditions and wanting to know their views on them, a move seen as an attempt to rebut criticism that it was shying away from taking responsibility. The BJP, along with its ally Akali Dal's one seat, has 32 MLAs in the 70-member House while AAP has 28 seats followed by Congress' eight. JD(U) won one seat while the Mundka seat went to an Independent. The BJP had declined to form government citing lack of majority following which Jung had invited AAP chief Arvind Kejriwal to discuss government formation. In a surprise move, Congress had on Friday submitted a letter to the Lt Governor extending "unconditional support" to AAP to form government. the BJP on Sunday attacked the AAP saying the party was not interested in forming the government as it will not be able to fulfil the promises made in its manifesto. The AAP had promised to cut power tariff by 50 per cent and supply 700 litres of water free to each household daily. "The AAP is scared of being exposed. There are apparent contradictions in its stand as, on one hand, AAP leaders are criticising other political parties and then it is writing letters to them about support in forming the government," Delhi BJP president Vijay Goel said. — PTI
The AAP is scared of being exposed. There are apparent contradictions in its stand as, on one hand, AAP leaders are criticising other political parties and then it is writing letters to them about support in forming the
government.
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DMK rules out tie-up with Cong for LS poll
Chennai, December 15 Karunanidhi made the announcement in his concluding remarks at the meeting of the party's key decision-making body, the general council, to a rapturous applause from members, reflecting the anti-Congress mood in the party ranks. Party sources claimed Karunanidhi hinted that the DMK might not forge an alliance with the BJP also, but the leader himself made a non-committal reply on that. Sources said he had indicated that the BJP's present leadership was different from AB Vajpayee who had headed the NDA government of which the DMK was a constituent. "A committee has been formed and it will discuss and decide on the alliance," was his response to reporters' queries when asked if he still kept the BJP as an option. DMK sources present at the meeting said Karunanidhi ruled out a tie-up with the Congress, referring to the 2G Spectrum scam that has turned out to be the gravest allegation faced by the DMK in many years. Karunanidhi's daughter Kanimozhi and junior colleague and former Telecom Minister A Raja are accused in the scam. The Joint Parliamentary Committee, constituted to probe the matter and headed by PC Chacko (Congress) had recently tabled its report in Parliament amidst opposition from the BJP, the CPI and the TMC that dubbed it as a "fraud". DMK members had walked out in protest over the report. The report has given a clean chit to Prime Minister Manmohan Singh in the scam, saying he was "misled" by the then Telecom Minister Raja. The DMK has said Raja was not heard. Earlier, the general council granted complete authority to Karunanidhi and party general secretary K Anbazhagan to discuss and decide alliance-related issues for the 2014 Lok Sabha elections. "This general council gives complete authority to party president, general secretary to contact alliance parties, discuss seat sharing and announce a committee to take forward alliance for the elections," the party said in a resolution. — PTI
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Beni: ‘Hitler' Modi, Mulayam 'Mussolini' hand-in-glove
Lucknow, December 15 "Hitler has been born in Indian politics, so has Mussolini in Uttar Pradesh. The two leaders had a friendship, and their reincarnations are the same, but of modern type," Beni alleged, while talking to the reporters here. "He (Modi) has become a dictator of Gujarat and Muslims can't dare to speak against Hitler," he said. Responding to the remarks, the BJP flayed Beni for comparing Modi with Hitler. "Before saying so, he should have thought about Modi's popularity and his stature," BJP's chief spokesman Vijay Bahadur Pathak said. Beni alleged that the recent Muzaffarnagar riots were the result of friendship between 'Hitler' and 'Mussolini'. — PTI
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Modi mocks at Rahul over Lokpal Bill
Dehradun, December 15 "I would like to know why the Lokayukta Act brought by the erstwhile Khanduri government was not adopted by the Congress government in Uttarakhand," Modi said. He was addressing his maiden rally in the state after being chosen BJP's prime ministerial candidate here at the parade ground. He said it was time to rid the country of the Congress rule. He urged the people of Uttarakhand to make the BJP win all five Lok Sabha seats in the state in the coming General Election. "An auspicious beginning has been made. The Congress has been routed in four states, now it is time to rid the country of the Congress rule," he said. "Jharkhand, Uttarakhand and Chhattisgarh were granted statehood at the same time. While Chhattisgarh has taken a giant leap, Uttarakhand and Jharkhand have been left behind due to experimentation with different parties and leaders. The people of Chhattisgarh voted only for the BJP. Now, repose faith in the BJP and we will resolutely work to fulfil your dreams. Together, we will work to help Uttarakhand reach greater heights," he said. Giving success mantra for Uttarakhand, he said harnessing water resources and promoting tourism could spur development for the state. "The state has vast water resources. These can be harnessed to make power, but the government lacks time for innovative thinking. Similarly, spiritual economic zones (SEZs) could be developed to attract tourists," he said. BJP national president Rajnath Singh also exhorted the people to push the Congress out of power and deliver the five parliamentary seats from the state to the BJP in the 2014 General Election.
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Lokpal Bill weak, saddened by Hazare’s stand: Kejriwal New Delhi, December 15 AAP chief Arvind Kejriwal hit out at Congress Vice-president Rahul Gandhi, saying the Congress was misleading people on the Lokpal legislation. He said the bill passed by the Lower House was “unacceptable” and only going to benefit Rahul and his party. The remark comes a day after the Gandhi scion, in a rare instance, pitched for his government’s Lokpal publically. On the government formation in Delhi, the AAP is confident of outrunning others if Delhi goes to elections again but the rift between its leader Arvind Kejriwal and his mentor Anna Hazare is deepening by the day. While the social activist has announced support to the bill after five days of fast at Ralegan Sidhhi, the AAP national convenor contested that the Lokpal Bill, in its current form, did not have the teeth to act against the government and would instead deter whistleblowers to raise voice against corruption. Calling for a strong anti-corruption ombudsman, Kejriwal pointed out that the government would not only have a say in the selection of the Lokpal, but would also control its functioning with the Central Bureau of Investigation (CBI) being kept out of its ambit. This stands contrary to the demand previously made during the Jan Lokpal movement led by Hazare in 2011. Disappointed over Anna’s support to the bill, Kejriwal said: “The PM and the CBI have been kept out as have been the judiciary and MPs. It is clear that the Lokpal Bill will not weed out corruption and it doesn’t have any of the three provisions which Parliament had assured Hazare. I am saddened by Anna’s decision (on Lokpal). Maybe he has been misinformed. We will try to explain to him the loopholes in the bill.” Though AAP leader Gopal Rai who was fasting in solidarity with Hazare today called off his fast, Kejriwal said the AAP would continue its agitation for a strong ombudsman.
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Have read the Bill properly, says Hazare
Ralegan Siddhi, December 15 "I have read the provisions of the bill properly. If you (Kejriwal) think the bill has any shortcomings, fast for it," Hazare, whose fast for passage of Jan Lokpal Bill entered sixth day today, said while talking to reporters here. The anti-graft crusader said several of his expectations from the legislation have been met and he expressed satisfaction over the bill which has been presented in the Rajya Sabha. "Three issues for which we had campaigned in the past, including Citizen's Charter, are also being addressed," he said. — PTI
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Union minister Sis Ram Ola passes away
New Delhi, December 15 Ola, a five-time Lok Sabha MP from Jhunjhunu in Rajasthan, breathed his last this morning. He is survived by wife Shiv Bai, sons Brijendra Ola and Sarjit Ola and daughter Chandrakala. The cremation will be held at Jhunjhunu tomorrow. The Tricolour flew half mast in his memory in all capitals today. President Pranab Mukherjee, Vice-President Hamid Ansari, Prime Minister Manmohan Singh, Congress president Sonia Gandhi, Rajasthan Chief Minister Vasundhara Raje and Bihar CM Nitish Kumar have expressed grief over Ola's death. The Union Cabinet met this evening to hail the illustrious career of the Jat leader by passing a resolution to that effect. In a message to Ola's wife Shiv Bai, the President said, "I am deeply saddened to learn about the passing away of your husband who was a friend and colleague of long years." Ansari hailed Ola's "long and distinguished public life spanning five decades". Sonia Gandhi said: "The nation has lost a leader of stature and rare earthy wisdom." Ola was born in a farmer's family on July 30, 1927, at Ardawata in Jhunjhunu. In 1957, he was elected to the Legislative Assembly of Rajasthan for the first time. He served the Assembly for eight terms. He was elected to the Lok Sabha in 1996 from Jhunjhunu and was re-elected four times thereafter. Lok Sabha to adjourn in Ola's memory n The Lok Sabha will be adjourned after obituary reference to the leader on Monday .
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UP riot victims refuse to return home
Muzaffarnagar, December 15 "No concrete action has been taken against the perpetrators who are fearlessly roaming in open. We would be killed if we get back. How can the administration expect us to leave relief camps?" rued 42-year-old Mehboob of Hasanpur village. Victims are ready to bear harsh winters in thin canvass tents but are reluctant to move back to their native villages despite state government making every possible effort for their rehabilitation. "We will die here but we will not move back," said Kausar of Bhura village in the district. Yesterday, Divisional Commissioner Manjit Singh visited the Kandhla relief camp where he was apprised by some victims about the missing people during riots and they demanded that 11 missing people should be declared dead by the district authorities. Singh also directed the district authorities to provide adequate medical treatment to the riot victims in camps. District Magistrate of Shamli P K Singh confirmed that during riots 13 people went missing and later two bodies were recovered. — PTI
Canvas tents, harsh winter
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Jairam for flexibility in NREGA
New Delhi, December 15 Stating that all jobs cannot be provided in areas where the youths want them, he called for encouraging migration across all states and noted with concern the "discrimination" in housing suffered by youths from Jammu and Kashmir who are employed outside the state. He said there was a need to put in place a policy that removes discrimination against migrants and said some "trade offs" have to be made in the future programme. — PTI
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BJP supports apex court judgment on gay sex
New Delhi, December 15 While initially party leaders had refused to take a stand on whether they support the order or not, BJP president Rajnath Singh has said if the government convenes an all-party meeting on the issue, his party will support Section 377 of the IPC which bans homosexuality. “If an all-party meeting is called, we will support Section 377 as we believe that homosexuality is an un-natural act. We cannot support it,” he said. Earlier, when this question was posed to Leader of Opposition in the Lok Sabha Sushma Swaraj and her Rajya Sabha counterpart Arun Jaitley at a press conference, Swaraj had said, “The Supreme Court judgment says if Parliament wants it can change it. The government can call an all-party meeting to build a consensus on the issue. We will see the government proposal in the meeting and tell our view.” The party has been cautious in taking a stand on the issue as many BJP leaders feel opinion in the society is divided on it. Some BJP leaders, however, appeared to be opposed to the Supreme Court order. “Section 377 of the IPC only bans sexual conduct that goes against the order of nature. A reading down of this law can be that to be born with gay tendencies cannot be against the order of nature. The court does not have to legalise or illegalise such a thing. It is not against the order of nature,” a BJP leader had said. However, Rajnath Singh’s comments are being treated as the official line of the party on the issue. “What Rajnath Singh has said is the official stand. We have a culture and tradition and this goes against it. One cannot allow a new culture of this kind,” BJP vice-president Mukhtar Abbas Naqvi said. Refuting the stand taken by Congress president Sonia Gandhi and party vice-president Rahul Gandhi, Naqvi said homosexuality was against the established norms of society. Sonia Gandhi has described the Supreme Court verdict as “disappointing”. The Supreme Court on December 11 set aside the Delhi High Court verdict of 2009, which had decriminalised sexual relationship between adults of the same gender. Gay activists have protested the Supreme Court verdict that said consensual sex between adults of the same gender was an offence, as held in Section 377 of the Indian Penal Code (IPC). — Agencies If an all-party meeting is called, we will support Section 377 as we believe that homosexuality is an un-natural act. We cannot support
it We have a culture and tradition and this (gay sex) goes against it. One cannot allow a new culture of this
kind |
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Delhi poll result casts shadow on Modi wave
New Delhi, December 10 Though officially the attempt is to brush under the carpet an issue of decreasing vote bank in Delhi, the failure to form the government in the Capital has given an issue to the anti-Modi camp in the party. The BJP has polled 34.37 per cent votes this time, 1.93 per cent less than what it polled in the 2008 elections. Though party leaders admit that the BJP’s emergence as the single largest party in spite of a fall in the vote share was thanks to the Aam Aadmi Party (AAP) damaging the Congress more than the BJP, they refuse to see this as a failure of Modi factor. While the BJP’s rivals — the Congress and old ally Nitish Kumar — have refused to attribute the saffron party’s performance to ‘Modi wave’, the party's “below par” performance in Delhi has given voice to those who believe that the Modi factor might not deliver as much as his supporters thought. According to his detractors, in spite of a perceptible anti-Congress wave in Delhi the saffron party performed badly in places where Modi campaigned. There are reports of the BJP losing five out of the 12 constituencies in which Modi campaigned in Chhattisgarh, and three out of five constituencies in Delhi. Bastar (Chhattisgarh), where he campaigned in the first phase, saw the BJP loosing eight out of 12 seats to the Congress. The BJP’s strong showing in Madhya Pradesh and Rajasthan is due to Chief Minister Shivraj Singh Chouhan's effort and anti-Congress wave, respectively, detractors say, adding that some of Modi’s rallies, for example in Bhopal, did not enthuse the crowd. His supporters believe that the assembly results has only validated Modi's effectiveness, while his detractors are of the view that if he was such a big factor, the BJP should have done better in Delhi. Internal assessments after the polling suggested the party's failure to connect with young voters in spite of a high-voltage Modi blitzkrieg ahead of the elections. Besides, the detractors believe that Chouhan and Raman Singh — winning their respective states for the third time — have robbed the Gujarat Chief Minister of his standalone position in the party.
Popularity on wane?
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States oppose RTE no detention policy
Chandigarh, December 15 “A committee constituted to review the policy has submitted its report to the ministry, incorporating several states opposition to it,” Union Minister of Human Resource Development MM Pallam Raju said here today. Though he did not divulge the number of states opposing the policy, the minister said state governments expressed “non-seriousness” on the part of teachers and students, who started taking examinations lightly, after the policy came into effect. “The policy was introduced after a lot of brainstorming to benefit the poor students. With many states opposing it, the policy will be reviewed in due course,” Raju said. On being asked about the status of the RTE Act, the minister said its implementation across the country was satisfactory, but the main concerns was of the shortage of teachers, especially in Bihar, Uttar Pradesh, West Bengal and eastern states. "States have been given time till March 2015 to recruit teachers,” he said He asserted that quality education was a concern, for which the Central Government had introduced the Rashtriya Uchchatar Shiksha Abhiyan (RUSA) to reform the higher education system. “In the 12th Five-Year Plan that runs from 2012 to 2017, Rs 22, 000 crore has been earmarked for the RUSA, of which the Centre is contributing Rs16, 000 crore. In the 13th Plan, the scheme will have a funding of more than Rs 90,000 crore,” the minister added. |
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No end in sight to House logjam over Telangana
Hyderabad, December 15 The Bill is expected to be tabled tomorrow, after which the Speaker will conduct a meeting of the Business Advisory Committee to fix schedule for discussion. However, it may not break the stalemate as Seemandhra MLAs have other plans. MLAs from Telangana want the draft Bill to be tabled in the House immediately. But, members from coastal Andhra and Rayalaseema (collectively called Seemandhra) want the process to be taken up in a special session next month as the President has given the Assembly time till January 23 to express its views. —PTI
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Storm over ads propagating Christianity
Mumbai, December 15 Activists of the two parties took umbrage to advertisements under the banner of ‘Power to Change India’ featuring the two actors who allegedly claimed that their lives were changed after they embraced Christianity. Johnny Lever is quoted in the ad as saying that his son, who was seriously ill, was cured after his family embraced the Christian faith. Similarly, Nagma too claims to have experienced a life change after embracing the faith. Their stories form part of a booklet which claims to carry the true stories of several people who experienced positive changes in their lives following conversion. The VHP and the Bajrang Dal allege that the advertisements were part of a wider campaign to proselytise Hindus.
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Volvo mishap: Driver was on double duty
New Delhi, December 15 The investigation has said that "the driver was overstressed. He could not find brake and was assigned on double duty," Road Transport and Highways Minister Oscar Fernandes said. "There were fire crackers also in the Bangalore-Hyderabad bus," he added. In the first accident on October 30, 45 passengers were burnt alive as the Volvo bus they were travelling from Bangalore to Hyderabad burst into flames after its fuel tank caught fire on hitting a culvert at Mahboobnagar in Andhra Pradesh. The bus might have caught fire due to a spark and fire crackers might have exploded, the Minister said. In the second incident on November 14, seven passengers were killed and 40 injured when a Mumbai-bound bus from Bangalore caught fire after hitting a road median at Haveri in Karnataka. — PTI
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Give reasons for every ruling, SC tells AFT
New Delhi, December 15 Since the apex court’s judgments had “widespread ramifications,” it was necessary that the SC decided the appeals after assessing AFT’s views in each case, a Bench comprising Justices TS Thakur and Vikramajit Sen explained. The Bench issued the directive while considering an appeal against an AFT order giving partial relief to Naib Subedar Narsh Chand in the matter of seniority and pension. “We have carefully considered the impugned judgment but are unable to locate the reasons that have persuaded the AFT to grant only partial relief. There can be no gainsaying that where a component of the relief prayed for is being denied it is an imperative that reasons should be disclosed for doing so. “This is as important as justifying the grounds on which the grant of relief is predicated. We would be handicapped and accordingly remiss in taking up the issue of the reliefs that have been granted, without having the benefit of the views of the AFT, especially since our decision will have widespread ramifications,” the Bench pointed out. Sending the appellant back to the AFT for appropriate remedy, the Bench said it had clarified in another case that there was no vested right of appeal to the SC against the final decision of the AFT. It was imperative that every appeal to the SC should be preceded by a plea made before the AFT to the effect that the controversy raises a question of law of general public importance. In the event that the AFT disagreed, it was necessary for the appellant to apply for leave of this court in terms of Section 31 of the AFT Act, 2007, the SC ruled in the verdict delivered on December 13.
Pension case
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Badal, Sharif pledge to promote peace, growth Amritsar, December 15 In a joint statement today, they recognised the immense benefits of mutual cooperation. "The time has come when we should resolve all differences and develop strategies to eradicate poverty and unemployment for development on both sides of the border," Shahbaz said. Both the CMs resolved to pursue the matter with their respective Union Governments. The CMs agreed to facilitate exchange of delegations comprising professionals from different sectors, including agriculture, trade, industry and commerce, to encourage exchange of students and promote people-to-people through sports, cultural activities and tourism. They agreed to promote cooperation in dairy development, veterinary sciences and water management, to encourage joint workshops, training programmes and R&D projects in agriculture and allied sectors, especially crop improvement and to promote exchange of knowledge in agriculture machinery. They also agreed to pursue policies to reduce trade barriers for promotion of business. SGPC takes up visa issue with dignitary Amritsar: The SGPC raised the issue of "large-scale rejection" of visas to Sikh pilgrims by Pakistan with Pakistan Punjab CM Shahbaz Sharif who, along with his family, paid obeisance at the Golden Temple on Sunday. Sharif was honoured with a siropa inside the shrine.
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From pain to gain: Kabaddi brings rural champs to limelight
Ludhiana, December 15 Even at a distance they seem enormous — someone scary, someone to be dreaded. But strike a conversation with them and they turn out as to be gentle giants. Towering in physical attributes, yet grounded in disposition. Warlike on field, yet surprisingly meek off it. The moment they speak, "hanji, ji baijee, ji paaji" start flowing, giving away the humility that comes from a certain earthiness in the soil of Punjab. Their shyness, their uneasy expressions, the uncomfortable awkwardness, the perspiration clearly tell they are in awe of the moment. No pain, no gain It is the smell of Volini and Iodex that they have learnt to live with. For close to one month, the 14 members of the victorious Indian team have been enduring insufferable pain, creaking joints, battle-scarred bodies. But now they have Rs 2 crore to share with each other. The 'Laadi', the 'Jeeta', the 'Nikka' of Punjab have found out how to make a fortune for themselves from this sweat-soaked, caked-in-mud legacy of
kabaddi. This year, Balbir 'Billa' from Bagge village and Balbir 'Palla' from Jalalpur (both in Nakodar) have a little more of earthly possessions — a tractor each, won as awards for being the Best Stopper and the Best Raider, respectively, in the 4th World Cup Kabaddi. They were lucky this time as the 28-year-old Mangat Singh 'Mangi', a feared stopper and winner of two tractors in the past, finally chose to take it easy. Money flows Billa does not have any illusions about this rather novel award. Ask him what he will do with it, he snaps, "sell it". From being an unemployed youth from the Nakodar belt who toiled in the fields all day, he has transformed himself into a pro kabaddi player. "A top grade player can earn as much as Rs 5 crore in a year (May-August) by playing in Canada, USA, England. Why not go for it?" he says, rather asks. But to have money one needs to have muscle. A lot of hard work, strict regimen and a super rich diet go into it. A massive amount of nuts, milk, ghee, eggs, meat, green vegetables do the trick. "You need to exercise and then have a good diet to build such a body. “During the conditioning camp they were given a diet money of Rs 500 per day," said coach Harbans Singh. The coach admitted that the professional players themselves are very particular about their diet to remain in good shape. Showmanship The first impressions may be of their physique but the second ones are, undoubtedly, of their tattoos. Have they morphed from being Punjabis to punks? They have got the money, will opulence be on show through ink on their bodies? Will they indulge in showmanship when getting inked? Not quite. They go for the image of the 'Khanda', or a lion, or a symbol of
Khalsa, or extracts from the scriptures. They rooted to the soil. They are the thoroughbred ones. You need to exercise and then have a good diet to build such a body. At the conditioning camp, the players were given a diet money of ~500 per
day.
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Chinese troops apprehend five Indians in Chumar
New Delhi, December 15 The five people were handed over to Indian side by the People’s Liberation Army (PLA) troops after efforts were made in this regard under the existing border mechanisms between the two countries, sources said here. The five Indian nationals, along with their cattle, were apprehended by the PLA troops a few kilometers inside the Indian territory in Chumar area and were taken to their camp across the LAC in an apparent bid to stake their claim on the area, they said. The army headquarters sought to play down the incident, saying that the matter was resolved “amicably”, but sources said the Chinese side relented only after the local Indian Army authorities sought a flag meeting on the matter and warned that the issue would be raised at a higher level. It is learnt that the local army authorities on both sides established communication on the issue, they said. The incident has come after Prime Minister Manmohan Singh signed the Border Defence Cooperation Agreement with China in October, seeking to prevent any flare-ups between the armies of the two countries on the LAC. — PTI
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Tax default: Kingfisher’s assets attached
Bangalore, December 15 "We have attached all assets of Kingfisher Airlines and are in the process of recovering its dues by sale and attachment of properties of the defaulter company," IT official Lokesha said in a statement here. The defunct airline of business tycoon Vijay Mallya had deducted tax at source from its employees' salaries and other payments for assessment years 2010-11 and 2011-12, but failed to remit the amount to the government account. "Kingfisher House at Western Express Highway near the Mumbai domestic airport has been attached under the second schedule of the Income Tax Act, 1961," Lokesha said. — IANS
Kingfisher House at Western Express Highway near the Mumbai domestic airport has been attached under the second schedule of the Income Tax Act,
1961.
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Mere undertaking not enough in mortgage cases: SC
New Delhi, December 15 "A mere undertaking that a person would not dispose of the properties mentioned during the currency of the loan would not confer any charge on the immovable properties mentioned therein," a Bench comprising KS Radhakrishnan and C Nagappan held. "In other words, a mere undertaking to create a mortgage is not sufficient to create an interest in any immovable property," the Bench clarified. HFC had come to the SC challenging the transfer of a property by a person, who had offered it as security for a loan, to his wife despite the fact that he had failed to repay the loan amount. Gurcharan Singh had taken a loan of Rs 5.05 lakh in 1994 for his establishment by hypothecating the machinery and fixture and giving a written undertaking that he would not dispose of his properties during the currency of the loan. Subsequently, his wife obtained a decree in 1996 stating that she was the absolute owner of When Singh failed to return the loan, HFC unsuccessfully challenged the decree in the courts below contending that it was obtained by fraud to defeat his personal undertaking and finally came to the SC. The apex court ruled that a conjoint reading of Sections 59 and 100 of the Transfer of Property Act would make it clear that "when there is a mortgage other than a mortgage by deposit of the title deeds, it can be effected only by a registered instrument." Dismissing HFC's appeal, the Bench pointed out that no registered mortgage deed was executed and no title deed of the property was handed over to the Corporation in the instant case.
A mere undertaking that a person would not dispose of the properties mentioned during the currency of the loan would not confer any charge on the immovable properties mentioned
therein.
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It takes 19 yrs for a criminal case to cross the FIR hurdle
New Delhi, December 15 It was way back in 1994, one Ram Dayal, a cloth shop owner in Rajasthan, filed an FIR with the police against Ghanshyam, a gold smith, under Section 405 of the IPC for not returning his three gold chains given for repairs. But Ghanshyam denied the complaint. Unhappy with the police action, Dayal filed an application before a metropolitan magistrate under Section 190 CrPC, upon which the Sawai Madhopur police investigated the complaint and concluded that the FIR was false. The complainant then filed a protest petition with the Additional Chief Judicial Magistrate (ACJM) who rejected it and accepted the police version. Aggrieved, he approached the court of Additional Sessions Judge (ASJ) who set aside the ACJM’s order and sent the matter back to the metropolitan magistrate to rehear the matter by taking into account the documents on record. The magistrate, however, stood by the earlier ruling against the complainant. This brought Dayal back to the court of ASJ, who this time agreed with the magistrate’s findings. Upon this, he approached the Rajasthan High Court under Section 482, challenging the ASJ’s verdict. The HC ruled that a prima facie case of criminal breach of trust was clearly made out against the accused and remanded the matter back to the trial court for a fresh decision in the light of the statements made by two witnesses and evidence on record. This prompted the accused to come to the SC in 2009, challenging the HC ruling. A Bench comprising Justices SJ Mukhopadhaya and V Gopala Gowda delivered its verdict on December 12, upholding the HC ruling despite the fact that notice could not be served on the complainant whose whereabouts were not known. Now, the case would go back to the trial court for “adjudication on merit.” In the absence of the complainant, the Rajasthan Government would fight the case.
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1 killed, 4 hurt in grenade attack
Dhubri, December 15 Six militants riding three motorcycles swooped on the market in Kajigaon police station area and opened indiscriminate fire at a pharmacy there, killing its owner Motleb Sekh (25) on the spot around 2.45 pm, the police said. People tried to catch the militants who then lobbed five grenades, injuring four persons, the police said. Iman Ali, Amir Ali, Noseruddin Mandal and Nasok Chandra Marak were injured. Iman was critically injured. The police and the CRPF which rushed to the spot later seized three grenades for safely defusing them. — PTI
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Dehradun, December 15
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New Delhi, December 15
Ludhiana, December 15
