World
International law enforcement shuts down holiday counterfeiters

Law enforcement agencies seized 706 domain names that were selling fake products like headphones, sports jerseys, personal care products, shoes, toys, luxury goods, cell phones and electronic accessories

In an effort to crack down on counterfeit merchandise, the US Immigration and Customs Enforcement (ICE) teamed with foreign law enforcement to seize 706 domain names selling fake products. The operation, deemed Project Cyber Monday IV, was the fourth such action targeting counterfeit sellers across the globe.
 

“Counterfeiters take advantage of the holiday season and sell cheap fakes to unsuspecting consumers everywhere,” said ICE Acting Director John Sandweg in a press release. “Consumers need to protect themselves, their families, and their personal financial information from the criminal networks operating these bogus sites.”
 

According to the National Intellectual Property Rights Coordination Center, the most popular counterfeit products include headphones, sports jerseys, personal care products, shoes, toys, luxury goods, cell phones and electronic accessories. Law enforcement officials warn that buying such goods from online sellers puts financial information at risk.
 

For more on fakes sold online around the holidays and tips of what to beware of, click here.

 

Courtesy: TruthInAdvertising.org 

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Aadhaar: HPCL, IOC and BPCL in contempt of Supreme Court order?
As per the Supreme Court's interim order, no one can insist of Aadhaar for any government schemes like ration card, bank account, cash transfer, issue of LPG subsidies and if it is done, it is contempt of court
 
Despite clear directions from the Supreme Court not to make Aadhaar mandatory for availing essential services from the government, oil marketing companies (OMCs) continue to send SMS asking customers to provide their unique identification (UID) number for liquefied petroleum gas (LPG) subsidy.
 
All state-run OMCs, Hindustan Petroleum Corporation Ltd (HPCL), Bharat Petroleum Corporation Ltd (BPCL) and Indian Oil Corp (IOC) are sending messages (SMS) to their customers asking them to their Aadhaar numbers with bank and submit to the distributor.
 
This is the SMS that is being sent by the three OMCs to LPG customers across the country...
"Dear XXXgas Consumer, to avail LPG Subsidy in your bank account, kindly submit Your Aadhaar to your Distributor and to your Bank immediately"
 
What is surprising is even before the apex court decision, Rajiv Shukla, minister of state for parliamentary affairs and planning, told the Lok Sabha on 8 May 2013 that, "Aadhaar card is not mandatory to avail subsidised facilities being offered by the government like LPG cylinders, admission in private aided schools, opening a savings account etc." 
 
Earlier this month, the West Bengal Assembly passed a resolution on Aadhaar or the UID number asking the union government to immediately withdraw the decision to link the UID with direct benefit transfer (DBT) scheme. Leader of the Opposition and Communist Party of India (Marxist) or CPI(M) member Surya Kanta Mishra said that the Centre legally cannot make biometric enrolment mandatory and that the entire process was unscientific as there was a scope for margin of error to the extent of 20%.
 
In November 2013, The Kerala state plenum of CPI (M) adopted a resolution, which said, "The government has been pressurising people to open bank accounts and link them to Aadhaar. The decision of oil companies to make Aadhaar-linked bank account compulsory for cooking gas subsidy is unacceptable as only 25% of the country's population had so far obtained the Aadhaar. Also instead of allowing people to open zero-balance accounts, many banks are insisting they should deposit Rs500 to Rs1,000 to open accounts." 
 
A consumer is entitled to receive nine cylinders of LPG per family per year under the subsidised quota. The United Progressive Alliance (UPA) government is trying to link Aadhaar-enabled service delivery to various government schemes such as MNREGA wage payments, PDS distribution, payment of social security benefits like as old-age payments and distribution of LPG cylinders. This is being done without taking stock of the ground level infrastructure and practical difficulties.
 
OMCs insisting upon customers to submit Aadhaar number for availing subsidy for LPG cylinders have not only irked consumers and activists but also some consumer organisations. According to a report from the Hindu, Mangalore-based Gas and Ration Consumers Forum is contemplating filing a public interest litigation (PIL) against attempts to making Aadhaar Card compulsory for availing LPG subsidy.
 
The Forum has sent notices to all three OMCs with copies to Karnataka High Court, the Supreme Court, the Prime Minister and the Ministry of Oil and Natural Gas in New Delhi. K Dharmendra, president of the Forum told newspaper that the Supreme Court order clarified that Aadhaar cannot be made compulsory for availing any government benefit including LPG subsidy and said the three OMCs were violating the order. "This amounts to contempt of court," he said.
 
On 23 September 2013, while hearing a PIL filed by retired Karnataka High Court judge Justice KS Puttaswamy and advocate Parvesh Khanna questioning the legal sanctity of Aadhaar, the Supreme Court said, "The centre and state governments must not insist on Aadhaar from citizens before providing them essential services." 
 
Many consumer organisation representatives whom the newspaper spoke to said the government was trying to impose Aadhaar cards on people through the backdoor after Supreme Court struck it down and were harassing the LPG consumers.
 
According to a report from Asian Age, several LPG consumers from Andhra Pradesh have not been getting the subsidy amount though they submitted Aadhaar at banks and gas agencies long ago.
 
Speaking with Citizen Matters, Bangalore, Justice Puttaswamy said, "An interim order is as much as a final order. So presently all these government schemes cannot be imposed upon people. And if it is done, it is contempt of court. The interim order does not mention any names of schemes. But under this, no one can insist of Aadhaar for any government schemes like ration card, bank account, cash transfer, issue of LPG subsidies and so on."
 
What is worst is few customers who have linked their Aadhaar numbers with bank and submitted to LPG distributor are being charged value added tax (VAT) and other duties. Dharmendra of Gas and Ration Consumers Forum told the Hindu that their group would bring to the notice of the High Court that those who link their Aadhaar cards would be made to pay about Rs120 towards taxes.
 
According to a report from the New Indian Express, those who have been over-enthusiastic to follow the government directive to link Aadhaar cards with their bank accounts to avail subsidies for LPG cylinders and other benefits are now ruing their decision. "For, even if the LPG subsidy amount was debited from their accounts, going by the prices of last month, an additional amount of Rs26.65 was deducted from it against VAT." Till the Aadhaar issue cropped up, a VAT amount of Rs20 was being deducted from consumers at the door delivery of cylinders.
 
"In the case of LPG consumers who are yet to opt for Aadhaar linkage, they had paid only around Rs445 per cylinder in September. It will remain the same in October also. But for those with Aadhaar-linked bank accounts, the price was around Rs945 in September. At the time of booking itself, a subsidy component of Rs435 was credited in the bank account of such consumers. In the remaining second subsidy component of Rs109, the deduction of VAT tax was effected," the report said.
 

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COMMENTS

Viraf J Panthaky

3 years ago

Recently, when I had gone to the Ration Office (opp. Allbless Hospital at V. T.) to get my just married daughter's name deleted from my ration card, the lady insisted that ALL family members named in the Ration Card, MUST submit copies of our Aadhar Cards - the only exception being my daughter, whose name I sought to get deleted. Eventually, we were forced to immediately leave all other work aside and stand in line for applying for Aadhar Cards! Does this too boil down to Contempt of Court? Do I have any recourse, as Aadhar Cards could take up to 6 months to receive!

REPLY

Babubhai Vaghela

In Reply to Viraf J Panthaky 3 years ago

File complaint with Chief Minister Maharashtra, Prime Minister and President of India. And, also followup. When they abuse positional power, we are left with no choice but to fight it out including seeking legal recourse.

RAMESH KAPADIA

3 years ago

We read in the papers about the linking of Aadhar card with your bank account to avail subsidy on the gas cylinder otherwise the customer will have to pay about Rs.600/more for the cylinder.We therefore rushed to enroll our names and found that the directive by the oil company is against the ruling of the Apex court which clearly is a case of contempt of court and harassment to the gullible consumers.In the present scenario the print/electronic media should come forward and educate people by conducting a debate.Hope Delhi CM-Designate Kejriwal will take up the matter in the Delhi Assembly at the top most priority.This is the best opportunity for him to show his concern for the AAM ADMI
Ramesh Kapadia

Simple Indian

3 years ago

I too have got such an intimation from BPCL whose LPG connection I have at home in Mumbai suburbs. I already have Aadhar Card/No so had visited my Bharat gas distributor sometime back and submitted the same. Strangely no Form was provided to seed the same into my LPG Consumer No, but I had to merely give a self-attested copy of my Aadhar Card mentioning my Consumer No. on it. Besides, the staff was almost threatening some customers saying that LPG cylinders will be sold to EVERYONE at market rate of Rs. 950 or so after Jan'14, so one HAS TO submit Aadhar Card so they get the DBT on LPG from Govt of India. This is surely a contempt of the SC order and it's amazing how even many PSU and Private Sector Banks have been 'urging' customers to seed their Aadhar No with their Savings A/c. Surprising that neither RBI nor Oil Ministry has acted on such violations as yet.
Moreover, I have a query. I have seeded my Aadhar No. with a PSU Bank as well as a Private Sector Bank (salary a/c). As my LPG distributor has only asked for copy of my Aadhar Card/No and no reference to Bank Details is mentioned thereof, which Bank A/c will the DBT be credited ?

Prithvi Karnati

3 years ago

Why gas agencies still asking aadhar ?

Fumkychicken

3 years ago

Read the message in full.. If you want subsidy as cash you can link aadhaar to your bank account. Nothing is denied if you fail to do so. and it is one of the best way to eradicate fake and multiole connections.As long as it is not made mandatory, it is not against the law.

Babubhai Vaghela

3 years ago

Dismiss Board of Directors of Indian Oil, Hindustan Petroleum and Bharat Petroleum.

Mukesh kamath

3 years ago

So ML has hired people to second your articles and views.

REPLY

ABHA CHAWLA MOHANTY

In Reply to Mukesh kamath 3 years ago

they have????,....INTERESTING.. MR MUKESH KAMATH YOU ON pay rolls ???.

Simple Indian

3 years ago

Seems the UPA Govt has extended its 'cash-for-votes' scheme to common citizens too, after it was 'test marketed' to JMM MPs ;-)

Ashok Sharma

3 years ago

Why Supreme Court orders are being taken lightly by such gas companies?

Vaibhav Dhoka

3 years ago

Supreme court should take strict contempt action and issue blanket injunction till disposal.

Govt seeks review of Supreme Court's verdict on homosexuality
The union government contended that the Supreme Court arrived at various conclusions which are contrary to well-established canons of law as laid down by this court
 
The Indian government on Friday moved the Supreme Court with a review petition seeking re-examination of its verdict on Section 377 of Indian Penal Code (IPC), reviving the penal provision making gay sex an offence punishable with life imprisonment.
 
The review petition contended that the 11th December judgement of the apex court setting aside the Delhi High Court verdict decriminalising sexual intercourse between same sex of consenting adults is unsustainable.
 
The Centre’s petition settled by Attorney General GE Vahavati sought that oral arguments be heard in an open court before disposing of its review petition.
 
The review petitions are generally decided in chamber hearing.
 
In the petition filed through advocate Devdutt Kamath, the Centre has taken 76 grounds to contend that the judgement passed by Justice GS Singhvi (since retired) and Justice SJ Mukhopadhaya 'suffers from errors apparent on the face of the record, and is contrary to well-established principles of law laid down by this court enunciating the width and ambit of Fundamental Rights under Articles 14, 15 and 21 of the Constitution'.
 
While setting aside the 2 July 2009 judgement of the Delhi High Court, the Supreme Court had held that Section 377 (unnatural sexual offences) of the IPC does not suffer from the vice of unconstitutionality and that the declaration made by the High Court is legally unsustainable.
 
The review petition filed by Ministry of Home Affairs said Section 377 of the IPC, insofar as it criminalises consensual sexual acts in private, falls foul on the principles of equality and liberty enshrined in the Constitution.
 
“It is further submitted that Section 377 which criminalises intercourse ‘against the order of nature’ is a reflection of outdated sodomy laws of the United Kingdom which were transplanted into India in 1860.
 
“They do not have any legal sanctity and in any case are unlawful in view of the constitutional mandate of Articles 14, 15 and 21 of the Constitution,” the petition said, adding this court has held that “a statute which was justified when enacted could, with the passage of time, become arbitrary and unreasonable.”
 
Further, the Centre contended that the apex court arrived at various conclusions which are contrary to well-established canons of law as laid down by this court.
 
“The Union of India, in the present review, will deal with each such conclusion to show errors apparent on the face of the record, being wholly contrary to well-established canons of law,” it said.
 
While assailing the verdict, that came under attack as being “medieval and regressive,” the review petition said the submissions of the Centre made during the hearing of the appeal that the high court’s judgement did not suffer from any legal infirmity were not at all considered by the apex court.
 
“The Union of India, through Ministry of Home, had taken a categorical stand at the time of hearing of the appeal before this court that there was no legal error in the judgement of the High Court dated July 2, 2009, and, therefore, no appeal was filed by the Union of India against the said judgement,” the review petition said.
 

User

COMMENTS

Abhijit Gosavi

3 years ago

The LGBT community should have the same rights as straight people, and they should be able to lead dignified lives! This is 2013 --- not my grandfather's era. Indians need to open their minds.

ABHA CHAWLA MOHANTY

3 years ago

MEDIEVAL AND REGRESSIVE..?,ARE WE AS NATION OCCUPIED WITH "REPRESSIVE"... ALL TIME FREUDIAN RELEVANCE......!!

ABHA CHAWLA MOHANTY

3 years ago

MEDIEVAL AND REGRESSIVE..?,ARE WE AS NATION OCCUPIED WITH "REPRESSIVE"... ALL TIME FREUDIAN RELEVANCE......!!

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