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All observations of judges not binding on lower courts: SC
New Delhi, Dec 20 (PTI) The Supreme Court has ruled that neither everything that a judge says constitutes a precedent, nor does the observation of a superior court has a binding effect on the subordinate judiciary.
Reliance by courts on an earlier decision without looking into the factual background of the case before it is not permissible, a bench of Justices Arijit Pasayat and P Sathasivam observed.
The ruling comes at a time when there is considerable confusion as to whether courts can entertain PILs following the recent observations by a two-judge bench of the apex court criticising the judiciary for its "over-reach" in the executive and legislative domain.
"The only thing in a judge's decision binding a party is the principle upon which the case is decided and for this reason it is important to analyse a decision and isolate from it the ratio decidendi (general rule binding on lower courts)," the apex court said.
The apex court passed the ruling while quashing a Karnataka High Court judgement in which it had ruled that ownership of some trees in forests was vested with their "owners" and not the State Government.
The High Court decided the issue in favour of private individuals by relying upon certain observations in another case, following which the State moved the apex court. PTI
Intelligence warning of terrorist violence: PM
New Delhi, Dec 20 (PTI) Noting that no one can say they are fully immune from terror attacks, Prime Minister Manmohan Singh today said intelligence agencies have warned of intensified terrorist violence with increased focus on soft targets.
At a chief ministers' conference on internal security, he also asked the states to establish specialised, dedicated forces to "cripple" Left wing extremism which he said continued to be the "single biggest security challenge" confronting the country.
"While Left-wing extremism may be restricted in its scope to some regions, the larger problem of terrorism affects all states equally. Terror attacks may have happened so far only in some locations. But the reach of terrorists is such that no one can say that they are fully immune from such attacks," Singh said.
The Prime Minister said "intelligence agencies warn of further intensification of violent activities by terror groups.
"While the actual perpetrators of terrorist violence may belong to a few known organisations, we need to guard against their attempts to recruit local sympathy and support", he said.
Referring to high-profile terror attacks this year in Hyderabad, Rajasthan, Punjab and Uttar Pradesh, he said the terrorists were able to network across states and even international boundaries organising coordinated strikes. PTI
E-mail threat to blow up Parliament, Taj Mahal
New Delhi, Dec 20 (PTI) An e-mail purportedly from Al Qaeda militant outfit threatening to target a few judges and blow up Parliament and the Taj Mahal has been received by the Delhi High Court.
The e-mail message was received by the Registrar of the High Court recently, court and police officials said today.
It threatened to target some judges of the High Court.
The Registrar received the threat a few days after the serial blasts in courts in Uttar Pradesh on November 23, they said, adding the e-mail has been forwarded to the Union Home Ministry.
Security was beefed up in the court premises soon after the receipt of the e-mail, officials said adding the Registrar also held a meeting with city Police Commissioner Y S Dadwal on the security measures to be taken in the court complex.
A senior police official said courts have become a "potential terror target", especially in the wake of the UP blasts which were suspected to be carried out to avenge the beating up of three terrorists by lawyers in a Lucknow court.
"We are not complacent. All measures have been taken," the official said.
Intelligence agencies had earlier this month warned that militants might strike terror in the capital around December 15 and there were reports that six HuJI militants had sneaked into the city after triggering the UP blasts. PTI
PM asks states to set up specialised force to combat extremism
New Delhi, Dec 20 (PTI) Admitting that naxal groups have succeeded in enlarging their base, Prime Minister Manmohan Singh today asked the states to establish specialised and dedicated forces needed to cripple the "virus".
"Although the notions of a red corridor from Nepal to Andhra Pradesh are exaggerated, we have to admit that they have achieved some degree of success in enlarging their areas of militancy," Singh said while addressing the Chief Ministers conference on internal security here.
Making a special mention of the recent jail break incident at Dantewada district of Chattisgarh, the Prime Minister said this was not an isolated incident. "Not a day passes without an incident of Left-wing extremism taking place somewhere or the other," he said.
Observing that over the last years, the activities of naxal groups have revealed new aspects, targeting vital economic establishments and eliminating important political leaders, Singh said "...We cannot rest in peace till we have eliminated this virus.
"We need to cripple Naxalite forces with all the means at our command," he said and asked the states to set up specialised and dedicated forces to combat extremism.
The conference, which was barred for media coverage, is being organised by the Home Ministry and is also being attended by Chief Secretaries, Directors General of Police, chiefs of para-military forces and intelligence agencies. PTI
Govt to conduct second census of handicraft artisans
New Delhi, Dec 20 (PTI) Government has decided to conduct the second census of handicrafts artisans to find out their economic status and use the inputs in policy making.
"The second census will cover 20 per cent of districts every year to generate national level estimates of the handicraft sector," Development Commissioner (Handicrafts) Sanjay Agarwal told PTI.
The first census of handicraft artisans were carried out in 1995-96, which estimated that there were about 47.61 lakh artisans mostly inhabitants of rural areas, he said.
The second census, among other things, will take stock of the number of people engaged in handicrafts sector, their production level, economic status, sources of working capital and average wage rate.
The second handicraft artisans census, for which the Ministry of Textiles today invited Expression of Interest (EoI) from public and private sector agencies, will be spread over five years and will form part of programmes scheduled for implementation during the Eleventh Five Year Plan (2007-12).
The bidders, according to the ministry, should have presence in at least five states and must have conducted similar surveys at national level in the past.
According to the 1995-96 census, there were about 12.64 lakh artisans in the northern region; 11.77 lakh in Uttar Pradesh and Uttarakhand; 8.37 lakh in West Bengal, Bihar, Orissa and Jharkhand; and 8.89 lakh in north eastern states. Besides, there were 3.07 lakh artisans in the western region and 2.87 lakh in the southern region. PTI
Sri Lanka to have joint air exercises with India: Newspaper
Colombo, Dec 20 (PTI) Sri Lanka will take part in joint air exercises with India to gear up for the challenge from the LTTE's air force, a newspaper said here today quoting informed sources.
'Daily Mirror' said the issue came up during talks between Sri Lankan Defence Ministry officials and the Indian defence delegation which visited the country earlier this week.
When contacted, a senior official said no decision has been taken on the issue so far. PTI
Lankan govt says Prabhakaran injured in aerial attack
T V Sriram
Colombo, Dec 20 (PTI) Sri Lankan government has said that LTTE supremo V Prabhakaran was injured during a raid by the Air Force jets in the rebel-dominated northern Kilinochchi last month.
The government statement follows a report by 'The Nation' daily on Sunday which said that Prabhakaran sustained injuries during an aerial raid on November 28.
However, an LTTE spokesman had strongly denied the newspaper report, saying that "it is a lie. Nothing of that sort happened." But, there was no reaction from the Tamil Tigers so far to the latest government statement.
The Defence Ministry said last night "intelligence sources confirmed that the LTTE supremo Velupillai Prabhakaran had sustained injuries in the air strikes carried out by four fighter aircraft of Sri Lankan Air Force on a bunker complex in Jayanthinagar, Kilinochchi around 5.25 pm on November 26." Citing intelligence sources, it said in a statement the bunker complex was frequented by Prabhakaran. "Acting on reliable intelligence, the Air Force car
India, China set to kick off first-ever jt military exercise
Raghavendra Kunming (China), Dec 20 (PTI) Indian and Chinese troops are set to kick off their five-day first-ever joint military exercise with the spotlight on anti-terrorism drill near here in southwest China tomorrow, in a sign of thawing relations between the two countries with the world's two largest armies.
Ahead of the joint manoeuvres in a hilly terrain, Indian ground forces were on a familiarisation mode conducting rehearsals today at the Kunming Military Academy.
The exercise will involve setting up of a joint command post, joint battle decision making and conduct of anti-terrorism drills, officials said.
Reflective of the bonhomie, the exercise is called "Hand-in-hand 2007" with 103 men from the Jammu and Kashmir Light Infantry taking part and almost an equivalent number from the Chinese People's Liberation Army (PLA).
The Chinese side has preferred to call the exercise a joint training.
The military ties between India and China were growing "step by step" and the manoeuvres would "send a signal" to the International community about their joint effort to attack terrorism, Wu Xiao Yi, Deputy Director General, Asian Affairs Bureau, Foreign Affairs Office, Ministry of Defence, told reporters.
Wu, who spoke of the warmer relations between the Asian neighbours and the developing military ties, said the Indian and Chinese troops on the border had been enjoying good relations, attending ceremonies and festivals and having other friendly exchanges.
"The exchanges between the troops on both sides are not just floating on water," he said, implying they have a deeper understanding of each other and friendlier ties. PTI
VAT panel to work out GST rates in a month
New Delhi, Dec 20 (PTI) Th e panel of state finance ministers on Value-Added Tax today said it expects to work out within a month the rates at which the proposed Goods and Services Tax will be levied by the states and the Centre.
The Empowered Group of state finance ministers on VAT gave the task of determining the rates to a joint committee comprising state finance secretaries, commissioners of commercial taxes and concerned joint secretaries in Union Finance Ministry, panel chairman Asim Dasgupta told reporters.
Parthasarthy Shome, Advisor to the Finance Minister, and Empowered Committee member secretary Satish Chandra would also be part of the committee. "We have requested the committee to work out the rates within a month's time," Dasgupta said.
After the recommendation of this committee on the GST rates, and views of the state finance ministers, the model would be crystallized and the resultant report would be submitted to Finance Minister P Chidambaram. The VAT panel would then call a meeting of chambers of commerce and industry and trade associations and work out a draft on GST. This draft would be put on website for a public comment, Dasgupta said.
Pointing out that the GST rates would be "very few", he said," the whole idea is that revenue neutral (GST) rates will be not be too high at all," Dasgupta said.
GST is proposed to be introduced from April 1, 2010 to integrate all indirect taxes on goods and services at the state and the Central level. The VAT panel had last month accepted recommendation of a working group to have dual GST structure -- one at the state level and the other at the c PRI COM ECO GEN .NEWDEL DEL64 GST VAT panel to work out GST rates in a month New Delhi, Dec 20 (PTI) The panel of state finance ministers on Value-Added Tax today said it expects to work out within a month the rates at which the proposed Goods and Services Tax will be levied by the states and the Centre.
The Empowered Group of state finance ministers on VAT gave the task of determining the rates to a joint committee comprising state finance secretaries, commissioners of commercial taxes and concerned joint secretaries in Union Finance Ministry, panel chairman Asim Dasgupta told reporters.
Parthasarthy Shome, Advisor to the Finance Minister, and Empowered Committee member secretary Satish Chandra would also be part of the committee. "We have requested the committee to work out the rates within a month's time," Dasgupta said.
After the recommendation of this committee on the GST rates, and views of the state finance ministers, the model would be crystallized and the resultant report would be submitted to Finance Minister P Chidambaram. The VAT panel would then call a meeting of chambers of commerce and industry and trade associations and work out a draft on GST. This draft would be put on website for a public comment, Dasgupta said.
Pointing out that the GST rates would be "very few", he said," the whole idea is that revenue neutral (GST) rates will be not be too high at all," Dasgupta said.
GST is proposed to be introduced from April 1, 2010 to integrate all indirect taxes on goods and services at the state and the Central level. The VAT panel had last month accepted recommendation of a working group to have dual GST structure -- one at the state level and the other at the central level. PTI
MRTPC holds cement manufacturers guilty of cartelisation
New Delhi, Dec 20 (PTI) Anti-monopoly watchdog MRTPC today held major cement manufacturers, including L&T Cement, Birla Cement, Grasim and ACC, guilty of cartelisation under the aegis of Cement Manufacturer's Association.
Announcing its order after 17 years judicial investigation, the commission warned the cement producers and Cement Manufacturers' Association not to repeat the unfair trade practice.
"We issue a cease and desist order... And direct them not to indulge in any such arrangement directly or working through CMA," said a three-member bench consisting Justice O P Dwivedi, M M K Sardana and D C Gupta.
Passing the order the Monopolies and Restrictive Trade Practices Commission also directed the cement companies, also involving Century, Dalmia, Jaypee and Mysore, to file a compliance report within eight weeks. PTI
Boeing signs USD 1bn outsourcing deal with HAL
New Delhi, Dec 20 (PTI) In the biggest-ever deal for a public sector defence undertaking, Hindustan Aeronautics Limited (HAL) has signed a one-billion dollar manufacturing outsourcing contract with American aerospace major Boeing over ten years.
Under a Memorandum of Understanding (MoU) signed here by Jim Albaugh, President of Boeing Integrated Defence System and HAL Chairman Ashok K Baweja, the Indian defence PSU, will manufacture subsystems for Boeing's wide range of fighter planes like F-15, F-18 Super Hornetts and Apace Helicpoters.
The American company, which is vying for India's major defence contracts for purchase of 126 multi-role combat aircraft, eight long-range maritime reconnisance planes made it clear that the outsourcing was "without any strings".
Albaugh, however, said Boeing was seeking clearance by the Indian government if it could use part of the staggering amount as credit against any future offsets if it secures any major contract.
"Effective today, an initial tranche of USD 20 million worth of work is being transferred immediately," the Boeing CEO said.
He said the company would in weeks to come be sending material and personnel to set up the manufacturing facility. PTI
Warne backs Tendulkar to score heavily in Australia
Ashish Shukla
Melbourne, Dec 20 (PTI) Sachin Tendulkar might be in the twilight of his career but spin legend Shane Warne believes the master batsman is still a force to reckon with and backed him to score heavily in his last Australian tour.
Warne, who mastered the art of leg spin but failed to solve an enigma called Tendulkar during his illustrious career, warned Australia to write off the "great" player at their own peril.
"I don't believe just because he is getting old, he is finished. Given the conditions, Melbourne, Sydney and Adelaide are going to be pretty flat, I expect Sachin to get lot of runs", Warne said.
"There is no doubt he will play one or two special innings in this Test series. Absolutely no doubt, he will play a couple of unbelievable breathtaking innings.
Warne picked Tendulkar as the greatest contemporary batsman he played against and warned Australia not to ignore him.
"He is the best batsman I have played either with or against. You never write off a great player," said Warne as he backed the peerless Indian and the rest of his teammates to score heavily in the next few weeks.
"Two of the Tests are in Sydney and Adelaide. Melbourne has been very, very benign and flat. If you don't take wickets with the new ball, you are in for a long day in the field." PTI
Rain forces a draw between Delhi and Karnataka
Bangalore, Dec 20 (PTI) Delhi and Karnataka collected one point each after overnight rains and persistent drizzle forced abandonment of play in their Ranji Trophy Super League Group A encounter, leading the teams to a disappointing draw.
The umpires made several inspections of the pitch before calling of the day's play at 3pm at the M Chinnaswamy Stadium here.
Rains played havoc as not even a single delivery was bowled during the last two days.
Karnataka were yet to open their account in reply to Delhi's first innings massive score of 538, as they faced just one delivery in their first essay. PTI
Players to get deducted match fees in Australia
New Delhi, Dec 20 (PTI) In keeping with the new tax rule in Australia, the Indian Cricket Board has decided to deduct match fees for Anil Kumble and his teammates during their tour Down Under.
The BCCI had received a letter from Cricket Australia in which it was conveyed that the new tax policy required visiting players to pay tax there for the money they earn.
"The issue was discussed in the recent Working Committee meeting and we decided to leave it to our tax consultant to find a way out," BCCI Joint Secretary MP Pandove said today.
"Any team visiting Australia and earning money has to pay tax. It's not that the players would have to pay anything out from their pocket. As of now, they would receive deducted match fees and there is a double taxation treaty also between India and Australia," Pandove told PTI over phone.
The treaty means the players would not be taxed for the second time when they return home.
According to a change in the tax laws since India's last visit to Australia in 2003, entertainers and sportspersons working Down Under are taxed for the income they generate.
Indian cricketers would thus be taxed for the present tour from their match-fee which could be to the tune of nearly USD 1.5 million (Approximately Rs 6 crore).
An Indian cricketer will get around USD 6,200 and USD 4,000 for a Test and a one-dayer.
Assistant manager of the visiting Indian team Dr MK Shridhar has confirmed in Australia that BCCI was asking for an amendment in the law.
"The taxation issue is being handled in Mumbai. We are in touch with our tax consultants whose advice we would follow," said Shridhar. PTI
If required, I am ready to open: Dravid
Ashish Shukla
Melbourne, Dec 20 (PTI) Rahul Dravid today said he does not mind donning the role of an opener in the challenging four-Test series against Australia starting here on the Boxing Day.
Dravid said he has no problem facing the new ball bowlers led by Brett Lee on the bouncy wickets.
"If I am asked to open in the Test matches, I will be happy to do so," said Dravid after opening the innings with Wasim Jaffer on the opening day of the three-day warm-up match against Victoria.
"I am comfortable doing any role that is given to me by the team management. I try and do the best I can, irrespective of where I bat," said Dravid, who had opened the innings for India on several occasions.
In today's match, Dravid was unbeaten on 33 after two-and-a-half hours of batting when the rain came pouring down and building on to the start in the final session.
"I just batted where the team management wanted me to," said Dravid who, to put things in perspective, has made just 369 runs from eight games at 33.55 as an opener, including two centuries against Pakistan on flat decks.
As against this, he made in excess of 600 runs against Australia in four Tests, including a match-winning double century in Adelaide, when India last toured Down Under for the 2003-2004 series. PTI
Ganguly, Dravid revive Indian innings after early hiccups
Ashish Shukla Melbourne, Dec 20 (PTI) Sourav Ganguly and Rahul Dravid repaired a pathetic start by the Indians on a rain-affected first day of their warm-up match against Victoria at the Junction Oval here today.
Ganguly (51) scored his half century at the stroke of tea, gliding one down to point region while Rahul Dravid, attuned himself to the role of an opener with a sedate 33 as India closed the day at 110 for 3 from 38 overs.
The duo's damage-control partnership came when the visitors were reeling at 38 for 3 inside the first hour after the early session was washed out.
Mahendra Singh Dhoni, the stand-in captain in the absence of Anil Kumble who chose to skip the game, won the toss and promptly decided to give his batsmen the much-needed practice in the Australian conditions.
However, the Indians were rocked by little known left-arm paceman Allan Wise who claimed all three wickets to fall in the second session of the day's play.
It still looked a long day for the Indians, who struggled to come to terms with the conditions.
Dravid, however, took his role as opener seriously and was doggedly unbeaten, flicking off his hips and steering on the offside being his major strokes. PTI
New Delhi, Dec 19 (PTI) Tenga, Pitika, thupka and Rumba along with a host of other delicacies from the northeast are now making waves across the world.
Though a piece of the pan-Indian cuisine, food from the Northeast is only recently making its presence gradually felt both in the country as well as in the global market.
"The not-so-much-talked-about Northeastern food with its pristine flavours and pure taste of nature is slowly making inroads to global palates," Bakshish Dean, executive chef at a five star hotel in the capital, told PTI.
The eight Northeastern states has a very rich culinary heritage, says Dean who in joint collaboration with Institute for Environmental Management and Social Development (IEMSD), had organised a eight-day northeast food fest here recently.
To look at the diversity of NE cuisine is sometimes an unfathomable proposition. The cooking styles and flavours of each and every state in the region is unique and differs from each other with considerable influence of Bengali, Nepali, Thai, Bhutan, Tibetan, Myanmar and Chinese cuisine, he says.
According to foodie, traveller, social scientist and filmmaker Dr Ashish Chopra, Assamese and Tripurian cuisine have adopted various nuances from Bangladesh. "The Bengali influence is strong and the ingredients and recipes are more or less similar. The only difference is that Assamese cuisine is much less spicy and less oily. The staples are rice and fish." "Bamboo is used extensively in cuisine of Tripura," says Dr Chopra who has also authored a book called 'NE Belly'. The traditional cuisine 'Mui Borok' and a key ingredient in Tripura cuisine is 'Berma', dried and fermented 'puthi' fish.
International students flock Delhi for school education
Ashwini Kumar Srivastava New Delhi, Dec 18 (PTI) The capital, which has been a sought after destination with students for pursuing higher education, is now increasingly seen as an equal favourite with foreign students who are seen flocking to the city's schools, say experts.
"Every year as many as 200 students of foreign origin come to Delhi and surrounding areas to pursue school education," says Nalin S Kohli, former director ISOMES (International school of media & International studies).
The capital receives students mainly from South Korea, Thailand, Nepal and Canada, said Nalin, adding that good English education, security, cultural integrity, the city's cosmopolitan culture and bilateral relations with neighbouring countries are the main reasons behind their move.
"Public schools in our country are not so good. Also, we can't learn good English there. That is the reason why I chose to fly Delhi," said Jaemocho, who has come from Seoul, South Korea, studying at the International General Certificate of Secondary Education (IGCSE) I at Vidya Sanskar international school.
"I enjoy being in this school. The quality and teaching pedagogy here are of international standard. I feel I should have a secure career after completing my course," said Pop, from Bangkok, pursuing International General Certificate of Secondary Education - Commerce.
There are many like these students who are now seeking admission in international schools in Delhi. These schools have also to mould themselves to provide world-class education to the students along with providing career guidance. PTI
Blasts prompt police in Puducherry to gear up
Puducherry, Dec 17 (PTI) Two successive bomb blasts here recently have stirred the police to reengineer its strategies and action plan to ensure that Puducherry's reputation of being a peaceful territory does not become a thing of the past.
The slogan 'Peaceful Puducherry, 'Give Time a Break,' brought out by the Tourism Department of this former French colony signifies the crux of the sustained plea of most political parties who call for maintaining and guarding of peace and tranquility here.
However, the crude bomb blasts in Vanrapet block almost in quick succession in Uppalam constituency close to North Bouleward here on December 1, which claimed the life of two of the four boys had caused tremors in the territory's law enforcement machinery.
The first blast occurred when certain unidentified persons allegedly hurled the bomb at the residence of a local AIADMK activist in the wee hours of December 1.
Even though nobody was injured in the blast, police was virtually taken aback by this surprise development.
Some 10 hours after the first blast, a second one claimed the life of one boy and injured three others. The explosion took place when a group of boys playing near their house happened to open a bundle containing a bomb in the shape of a coconut.
Police swung into action and combed most areas and launched door to door search operations but failed to unearth lethal weapons or bombs anywhere in the area.
Cases were registered under different sections of the IPC and Explosive Substances Act 1907. In a phased manner, 13 of the 16 persons allegedly involved in the incident have so far been arrested. PTI
Laugh and work better: Book
New Delhi, Dec 16 (PTI) Cracking jokes at work and laughing while indulging in lively banter filled with wit and humour leads to better health, improved communication and above all creates an atmosphere for increased productivity, says a new book.
Humour is not a substitute for any management technique or a cure-all for the failures of the enterprise, it is about mobilising the benefits of playfulness and pleasure to bring out the best in the employees, it says.
"Humour at the workplace is much more than the telling of side-splitting stories of the giving of light-hearted lectures. It is creating a work atmosphere which is constructive and creative, practical and pragmatic, enthusiastic and effective," writes Bangalore-based corporate trainer K Sathyanarayana in "The Power of Humour at the Workplace".
The writer says the benefits of humour can be reaped in every function of management of every type of business and the manager who is armed with a sense of humour enjoys an explicit edge over others at the workplace.
The corporate management should give due recognition to humour at the workplace, in the same way it treats quality, flexibility and timeliness as important.
In his foreword, Kirloskar Brothers Ltd. CMD Sanjay Kirloskar writes: "Humour helps everyone to go home from the workplace in a happy mood. This is a very important requirement (even though it gets neglected very often); otherwise one will be carrying the after-effects of events at the workplace to his home. As a corollary, no person will be successful if he brings domestic problems to his workplace, his mind acting as a godown of problems, worries and anxiety. PTI
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