ORG accuses trademark violation in TimesNow exit poll

The social media was abuzz on Tuesday following reports of trademark violation in the TimesNow-ORG exit polls. In fact, the name 'ORG' used in this survey belongs to and is trademark of Operations Research Group (ORG) Pvt Ltd. On the other hand, the Times of India group channel clarified that ORG mentioned in its exit polls stands for Operations Research Guild owned by one Amit Roy, a former employee of ORG.


Debasish Banerjee, managing director of ORG, that owns the trademark was quoted as saying in a communication by that, “We have faced similar problems earlier from one of our ex employees named Amit Roy who has a company in the name of Operations Research Guild registered in Gujarat so that this outfit can present itself as ORG to exploit the Brand name. May we request you not to present this outfit as ORG but by its full name.”


Several people accused the news channel of rigging the exit polls and misleading viewers. Rajdeep Sardesai, editor-in-chief of CNN IBN, and Rahul Kanwal of Headlines Today were vocal on Twitter.


This allegation came after Times now channel conducted the Times Now-ORG exit polls related to the result of the Lok Sabha elections on 12th May. The Times Now-ORG poll suggested that the NDA would win 249 to 265 seats, which would leave it a little short of a majority though well within striking distance.


Amit Roy, who is one of the founding directors of ORG, branched out in 1994 and formed his own company called Operations Research Guild India Pvt Ltd (ORG India). Roy was quoted by as stating, “I am still a shareholder and one of the founder directors of ORG. But ORG India is my own company. I did the exit polls for News Nation, who then shared content with Times Now.”


Amit Roy says he has been doing exit polls since 1995, but this is the first time his company ORG India was doing an exit poll. He also expressed surprise over the comments made by other media honchos calling the poll fake, ”Some newspapers may have published the name as ORG, that is not anyone’s fault. Maybe there were mentions made by the channel and some panelists calling it ORG, but that again is not ORG India's fault. Calling the poll bogus or fake... those are very strong words to use. I don’t know if these people are using the word fake deliberately. Informed people are not used to using strong language. The same acronym two companies share does not make the poll fake.”


Sensex, Nifty peaked for now?: Tuesday closing report

Nifty may find it hard to cross Tuesday's top easily

Tuesday was the third day of major gain on the indices, following the exit polls that predicted the high possibility of Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA) forming the next government at the Centre.

Today the indices began well in the positive and were on an uptrend till the beginning of the noon session. However, from around 11.53am the benchmark indices started giving up gains to reach almost up to the day’s low after which they started trending sideways.

The BSE30-share Sensex opened at 23,730 and moved in the range of 23,729 and 24,069 and closed at 23,871 (up 320 points or 1.36%). The NSE 50-share Nifty opened at 7,080 and moved between 7,067 and 7,172 and closed at 7,109 (up 95 points or 1.35%). The NSE recorded a huge volume of 129.36 crore shares. India VIX closed lower at 32.0475 (fell 13.63%).

Except for Pharma (0.85%) all the other indices on the NSE closed in the green. The top five gainers were P S E (2.97%), Realty (2.82%), Energy (2.81%), C P S E (2.78%) and Nifty Midcap 50 (2.76%).

Of the 50 stocks on the Nifty, 39 ended in the green. The top five gainers were Bhel (10.37%), Hero MotoCorp (6.02%), Ambuja Cements (4.89%), Bank of Baroda (4.54%) and DLF (4.24%). The top five losers were PNB (4.77%), Dr Reddy (4.39%), Cairn (1.25%), Hindalco (1.12%) and HDFC Bank (0.76%).

Of the 1,586 companies on the NSE, 948 companies closed in the green, 536 companies closed in the red while 102 companies closed flat.

BHEL (up 10.25%) was the top gainer in the Sensex 30 pack while among the top three gainer in the ‘A’ group on the BSE. The Cabinet is likely to ratify the decision to sell 4.66% stake in the power equipment maker through a block deal. The proposal for post-facto approval for BHEL disinvestment is on the agenda of meeting of the Cabinet Committee on Economic Affairs. The Finance Ministry in March 2014 had sold 4.66% stake in BHEL to Life Insurance Corporation (LIC) for about Rs1,889 crore. LIC purchased 11.41 crore shares in BHEL at a price of Rs 165.55 per share through a block deal on the BSE. Following the block deal, the government stake in BHEL came down to 63.06%, from 67.72%. The Empowered Group of Ministers, headed by Finance Minister P Chidambaram, had in February 2014 decided on the timing and mode of disinvestment in Bhel. However, the CCEA approval was pending for the stake sale.

Weak consolidated net profit was posted by Dr Reddys Lab. It was the top loser (3.99%) in Sensex 30 stock.

The possibility of the Narendra Modi forming the next government has put the Adani group stocks back in focus. The Adani Group stocks were in the top 10 gainers in the ‘A’ group on the BSE. Adani Enterprises (up 11.06%), Adani Ports (up 9.47%), Adani Power (up 7.64%).

Torrent Power which was the top gainer in the ‘A’ group on the BSE on Monday has turned out to be the top loser in the group today (fell 7.35%). The company has announced it is plans a re-organisation of power sector operations of Torrent Group. A composite scheme of amalgamation between Torrent Energy, a wholly owned subsidiary of Torrent Power, and Torrent Cables with Torrent Power was recommended by the Audit Committee and approved by the board of directors of the company.

IOC increased the Price of Diesel (Retail) by Rs1.09 per litre (excluding state levies) from midnight of 12 May 2014-13 May 2014.

Inflation based on the combined consumer price index for urban and rural India accelerated to 8.59% (provisional) in April 2014, from 8.31% (final) in March 2014, data released by the government after trading hours on Monday, 12 May 2014, showed.
Another data released by the government after trading hours on Monday, 12 May 2014, showed that industrial production shrank for a second straight month in March 2014.
Industrial production declined 0.5% in March 2014, compared with a contraction of 1.8% in February 2014. For the year ended 31 March 2014 (FY 2014), the industrial production registered a contraction of 0.1%. The fall in February's output was revised to 1.8% from 1.9% reported earlier.

US indices closed in the positive on Monday. The US government recorded a budget surplus of $107 billion in April, the Treasury Department reported Monday, a smaller windfall than in the same month last year. The April surplus contributes to a steady decline in the deficit for fiscal 2014. Shrinking US deficit could help keep interest rates low.

Except for Shanghai Composite (0.10%) all the other Asian indices trading today closed in the green. Nikkei 225 (1.95%) was the top gainer.

China's factory production expanded 8.7% last month, the National Bureau of Statistics said on Tuesday. Retail sales rose 11.9% in April. Fixed-asset investment for the first four months of this calendar year climbed 17.3%, the latest data showed.

European indices were trading in the green while US Futures were trading marginally higher.


Marriage registration: Why it is a must for every married couple
Have you got your marriage registered under the Special Marriage Act? Here are some reasons why you should do it now

Marriages in India are governed by laws specific to the person’s religion. Usually, people think about having their marriage registered under the Special Marriage Act (SMA), 1954, only when the couple planning matrimony belong to different religions, since the act allows each of them to retain their religion. 
The law does not require a Hindu marriage or a Muslim marriage to be registered under the Act. But I would argue that there are many advantages to complete the formality of registration under the Special Marriage Act. 
In case of inter-religion marriages, it eliminates any conflict or decision about religion. A Hindu boy can marry a Christan girl and both can maintain their respective religion after their marriage. However, it must be remembered that children born to this couple will get father's religion, by birth, under Indian Law. 
The Special Marriage Act, eliminates the need for mandatory religion-specific rituals like the "Saptapadi" for Hindus and "Kabool" or agreement among Muslims. Consequently, even divorce by uttering "Talak" three times in front of a Kazi is not permissible, once a marriage is registered under Special Marriage Act -SMA. A divorce can only be obtained through a decree from the family court. 
Couples who are already married under the laws governing their  respective religions can also get their marriage registered under the SMA. They need to fill Form 16, rather than Form 5 that is applicable to couples who plan to get married. 
The process requires filling a form and giving a notice to the Marriage Officer’s office with age, identity and address proof. The marriage has to be registered after a 30-day period but within 90 days of serving the notice. The registration has to be witnessed by three witness, who also have to provide identification proof with photographs these days. 
For already married couples who want to register their marriage under the SMA, long after they have started families, the process is similar but with small differences. These couples would fill Form 16 for special marriage registration, which also has provision to include the names of their children with their age on the date of registration. The marriage certificate will include the names of the children and thus becomes a sort of family certificate that is very useful in succession related issues. 
Life is uncertain and you never know when the precaution of having registered a marriage under the SMA would help. Consider some of these real life situations. We have changed the names in all examples 
a) Meenal, a girl from a Gujarati family got married to Anand from the same community in a family arranged marriage. Tragically, she lost her husband in a car accident within two months of her marriage. The in-laws, as happens so often in India, decided that she had brought bad luck and threw her out of the house without a penny, even though they were wealthy. A certificate under the SMA would have facilitated the process of making some compensation from the husband’s family – after all, her parents had spent a great deal on her marriage. It is not as though she loses her right or ability to make a claim, it is just that the hardship involved in proving a traditional marriage with photographs, wedding cards and statements from the priest and guests is a lot more tedious and time consuming. 
b) Altaf, a Muslim boy was in love with Shalini, a Hindu. When they decided to marry, Shalini agreed to convert to Islam but only if the marriage was registered under the SMA. As it turned out, two years later things began to sour. Altaf, who was wealthy, believed that he could marry four times under his religion and began to make plans to get married again. Shalini approached the family court and argued that Altaf could not marry again without first divorcing her, since their marriage was registered under the SMA. The two were divorced, but Shalini obtained compensation under the SMA, before Altaf could go his own way. 
c) Jagdish Lahiri, professor at a well-known Mumbai college suddenly died of a heart attack at the age of 53. His widow submitted a request to the college seeking a family pension as per the rules. The pension office asked her to submit a marriage certificate. Unfortunately, the professor and his wife had not registered their marriage (a marriage can be registered at any time when the two spouses are alive). She then had to approach a competent court for a succession certificate after which the family pension was granted. This took six months and would probably have led to a longer wait but for the fact that a former student of her husband, who was an advocate, agreed to help her get the succession certificate fairly quickly for a small fee. It still meant living without the pension for six months in addition to the trauma in the middle of a tragedy. 
d) Kantilal Sheth, a businessman, died leaving behind his widow and two children. He was prudent enough to have made a Will in which he left his entire estate to his wife. Strangely enough, Kantilal’s sons  challenged the Will and went to the extent of asking for documentary proof that she was indeed the legal wife of their father. As it turns out, the husband had anticipated this ugly situation too and has registered his marriage under the SMA. The certificate had the names of his sons as well. So the court recognised it as valid evidence and granted a probate allowing all properties to the mother. What is sad about this story is that their father’s Will had said they would get equal share of the property after the mother’s demise, but the sons subjected their mother to indignity to try and wrest the property even while she lived. 
e) Ashok Merchant had a partnership business. The partnership deed had a succession clause that said that after the demise of any of the partners, his wife or son would be absorbed into the partnership in place of the deceased partner. Now, Merchant passed away and left behind his wife and three adult sons.  The wife was uninterested in the business and only her second son was keen on the partnership. The other partners demanded that the family provide proof that they were indeed the sons of Mr Merchant. His widow and the other two sons then wrote an affidavit and provided an indemnity to the partnership firm that they had jointly and severally decided to have the second son substitute their father in the partnership. But the partners wanted proof of the marriage. Here again, Mr Merchant had his marriage registered under the SMA just five years before his demise. So the marriage certificate, which had the names of all three sons, was an adequate document in court for the succession formalities and the partnership.
f) Now consider what happens when you don’t have such proof. This story goes back to 1997, when property rates were not so high. Ajeet Kaul, an automobile engineer, was in love with a Maharashtrian girl, Amita Bhosle. Both worked in an auto showroom. The two decided to get married. Now, Article 270 of Indian Constitution gives special rights to people from Kashmir. But the right expires if they buy property outside Kashmir, or marry a person, who is not domicile of Kashmir. After their marriage according to Hindu rites, Kaul bought a flat in Amita's name in which they lived in the Mumbai suburbs. Amita took great care not to register the marriage and even the rituals happened at the priest’s house, with neither the bride nor the groom’s parents were present. The parents were against the marriage and she claimed that they would announce their marriage only after they had a child, in order to win them over. A couple of months later, Kaul had to travel to Kashmir for a fortnight. On his return, he was shocked to see another family living in his house. On asking, he discovered that Amita had sold the flat to the family and vanished; worse she had told them that a Kashmiri who was staying as a paying guest would come and collect his belongings in 15 days. Ajeet Kaul then went to the auto showroom where they worked and discovered that she had left the job too. After a great effort, he found her new address and tried to meet her. He discovered that she was married to another Marathi boy and produced her SMA certificate of that marriage. Kaul had been thoroughly conned – he was robbed of Rs5 lakh and heartbroken. The lesson here is not merely to register your marriage under the SMA but also be less trusting. 
(Shirish S Shanbhag, an MSc and a retired professor with over 32 years of experience, helps draft legal documentation related to co-operative societies, RTI and several other areas.)



Bapoo Malcolm

2 years ago

Really well written. The examples are splendid.

Bapoo M Malcolm


2 years ago

My friend's son (Hindu) -an NRI married in DEC,2010 got married with a Hindi girl.

Marrige was registered with Mumbai Municipal Corp.Marrige registration certificate mentions-BMC-form E -Certificate of Registration of Marrige (see section 6(I),(e) and rule(5).Bottom line of certificate mentions Maharashtra Regulation Of Marrige Bureaus and registration of Marriges Act.1998.

Is above certificate /act different then SMA 1954 ? Please clarify.

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