Companies & Sectors
Toyota models sold in India not part of global recall

On Thursday, the Toyota Motor Company said it would recall around 2.87 million vehicles globally owing to the possibility of their seat belts being damaged in an accident

 

None of the India made models figure in the global recall of around 2.87 million units by Japanese automobile maker Toyota Motor Company, said Toyota Kirloskar Motor Pvt Ltd.
 
"India models are not involved in this recall," an official of Toyota Kirloskar Motor, a joint venture between the Japanese car maker and India's Kirloskar group, told IANS in an email on Thursday.
 
On Thursday, the Toyota Motor Company said it would recall around 2.87 million vehicles globally owing to the possibility of their seat belts being damaged in an accident.
 
The global recall involves Toyota's sports utility vehicle (SUV) models - RAV4 and Vanguard.
 
In India, Toyota Kirloskar rolls out SUVs Innova and Fortunner while Prado and Land Cruiser are imported as completely built units.
 
Toyota Kirloskar said that none of the above models are involved in the recall and the possibility of seat belt getting damaged in an accident as in the case of recalled models are remote.
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.
 

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No record of why courts are closed for the summer and other long holidays
An RTI application reveals that there is no record available of the system of long vacation; last week the CIC disposed off the case 
 
Over three crore cases are pending in the Courts of India. But the courts are closed for long summer vacation. That apart, the Supreme Court calendar (which is applicable to other courts too) shows week-long vacations each for Holi, Dussehra, Muharram and Diwali apart from fortnight-long winter-vacations for Christmas Day and New Year. This has been the tradition, since India got its Independence. But is there a rule for this? A reply received for a query filed under the Right to Information (RTI) Act has revealed that there is no formal record with the Supreme Court, which has formed this system, about these long vacation.
 
Noted RTI activist, Subhashchandra Agrawal’s second appeal on his two-year-old query was heard by the Chief Information Commissioner (CIC) on 10 February 2016. During the hearing, the representative of the apex court, present there, stated that, the Supreme Court has193 working days and that they “do not have record as to how the tradition of summer leave, started”, as per the contents of the CIC order.
 
Agrawal, deeply disappointed with the verdict, says “Chief Information Commissioner upheld RTI response from Supreme Court that nobody in independent India has authentic information regarding start of practice of long summer vacations for judicial functioning at Supreme Court. However, the CIC did not find it fit to refer the RTI petition to Department of Justice for tracing the origin of long court-vacations which are said to be continued as some British legacy.” 
 
As per the CIC order, since the RTI petition was first filed before the Department of Justice after which it was forwarded to the Supreme Court, it implied that the Department too has no formal record of long vacation of the Courts and hence it was disposed.
 
Argues Agrawal, “Long-pending recommendation of Law Commission for scrapping long court-vacations, are being continuously ignored. Union Ministry of Law and Justice should immediately scrap any privileged vacations for courts ensuring a common pattern of holidays from Supreme Court to lower courts. Instead of closing work at courts altogether for long court-vacations, judges can be given vacations by rotation like the way it exists in the system for professors at medical colleges in Delhi government.”
 
Agrawal’s RTI petition dates back to 8 April 2013. He had sought the following information:
  1. Complete information together with related file-notings/correspondence/documents etc on each aspect of my submissions ‘Week-long Holi holidays for Supreme Court’ (DEPOJ/E/2013/00277) dated 27 March 2013 routed to Department of Justice through PG-portal, either by department of Justice and/or by any concerned ones where these submissions might have been forwarded
  2. Complete information together with related file-notings/correspondence/documents etc on start of long summer vacations for different types of courts namely (a) Supreme court (b) High Courts (c) lower Courts
  3. Complete information together with related file-notings/correspondence/documents etc on start of other long vacations like for Holi, Dussehra, Diwali, Christmas etc other than long summer vacations for different types of courts namely (a) Supreme court (b) High Courts (c) lower Courts
  4. Complete information on system providing different patterns of vacation at different types of courts where Supreme court has maximum vacation, then at High Courts and then lower Courts having least comparative vacations
  5. Is it true that long summer and Christmas vacations in courts are from a period before independence of British regime in India?
  6. Complete information on steps taken, if any, to do away with system of extra long holidays for those at courts to bring working pattern in courts to be at par with other sections of society including also government-servants getting pay from the public-exchequer which also provides salaries to those at courts
  7. Complete information on steps taken, if any, to have common pattern of court-vacations from Supreme court to lower Courts including High Courts
  8. Do employees working at Courts also enjoy long vacations during court-vacations?
  9. Complete information on deciding vacations for different types of courts namely Supreme court, High Courts and lower Courts
  10. List of court-vacations for the year 2013 for (a) Supreme Court and (b) High Courts with minimum and maximum vacations respectively for the year 2013 
  11. Approximate average number of working-days in a year at different types of courts namely Supreme court, High Courts and lower Courts
  12. Approximate average number of working-days in a year at offices of Central government
  13. Any other related information
  14. File-notings on movement of this RTI petition
(Vinita Deshmukh is consulting editor of Moneylife, and also convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting which she won twice in 1998 and 2005 and the Chameli Devi Jain award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book "To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte" with Vinita Kamte and is the author of "The Mighty Fall".)
 

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COMMENTS

Bapoo Malcolm

9 months ago

Now that a lot has been said, how many of the members know that ALL COURTS do not have vacations?

There are courts that work every day except public holidays. News to you?

There are some, even in Bombay, that start at 0800 hrs. News to you?

There are arbitration and mediation and conciliation meetings that start at 1800 hrs. News to you?

We as advocates take work with us even on weekend get-aways. And why? Because we care for our clients.

Now all those clamouring for 'no-vacation' regime; how many have never enjoyed a vacation? Ever.

Sitting at a key-board and venting spleen is NOT the solution. Let us first study the problem; without deciding that we know the answer. You will come in for big surprises.

But it's OK. At one time, I too thought I had all the answers. Smarter now.

RAVI RAM PV

9 months ago

“..... scrapping long court-vacations, are being continuously ignored." There is no difference between the elected MP/MLAs and Judges. Like the MP/MLAs give themselves hefty pay-hikes, the Judges are giving themselves holidays!

Raja Laks

9 months ago

Any innocent citizen who has got caught in court cases for years and has to deal with slimy, two timing, greedy advocates and the greedy, arrogant and lazy judges will never like India and will plan for exiting India.

Believe me, ISIS will cut your throats quickly, Indian courts will cut your throats slowly. Thats the only difference.

However, if you are a cheating Businessmen or killer rowdy, there is no other heaven than Indian courts.

Simple Indian

9 months ago

It appears that just as we adopted the administrative, and legal systems of the British era, we continue to follow the customs and practices of that era in all legal matters like this one. It is surprising that having "fought" the British rule in India, even our first PM Nehru, during his 17 year long uninterrupted rule, never thought it fit to review and revise the laws and systems of the British rule in India. In fact, our politicians are the biggest traitors as we continue to practice the very systems we supposedly opposed for 150+ years of British rule. Wonder why we celebrate Independence Day and Republic Day, if all we did was follow the systems of our erstwhile rulers, and worse - adopted a Constitution ill-suited to India, and being basically a cut-paste job from assorted sources.
Anyway, the SC could take suo motu action in this regard and perhaps drastically curtail the leave observed by the judiciary. It would make judges more accountable, and allow for more working hours, which will ultimately help in speedy dispensation of justice.

Bapoo Malcolm

9 months ago

Mere speed is not a test of justice. Deliberate speed is. Deliberate speed takes time. But it is time well spent.
- Felix Frankfurter

As said by one of the greatest judicial minds of the last century.

In other words, over-speeding can lead to derailments ..... often fatal.

REPLY

Meenal Mamdani

In Reply to Bapoo Malcolm 9 months ago

No one is asking for over-speeding. One is merely asking that there be a posted speed limit and that the judicial system adhere to that limit as much as possible.

With this very good quote from Justice Frankfurter, your comment suggests that you are justifying delayed justice. Or at least dismissing the frustration and anger people feel at the receiving end of delayed justice.

Wonder if the worthy judge would have put an addendum to his quote or revised the quote in view of the dismal situation in India.

Bapoo Malcolm

9 months ago

Over the course of these discussions, one thing stands out. And it's understandable. People attack the one nearest or most visible. They attack, never if they win, but always when they lose.

Beat up a doctor if someone dies, even if dead on arrival. Break down the hospital. Beat up the drain driver, even the guard, if the train is delayed. In this case, the judge.

Of all those that berate the humans, not necessarily the system, how many have lost their cases? They must be honest and declare. Again, as I said before, this needs a proper debate and workable solutions.

Know of a retired person who prides himself in filing suits. Half of them useless. Then he says that if he can work (sic) without a holiday, so must the judges.For every frivolous matter, lakhs of rupees, days of time and emotional stress are the result.

Bogus cases must be dealt with harshly. That's the first step. The rest will follow.

REPLY

Meenal Mamdani

In Reply to Bapoo Malcolm 9 months ago

I have never filed a case so no question of winning or losing, so can assure you I have no ax to grind.

I am in favor of increasing the number of judges, have cited data that is in favor of such a move. If we have more judges we will have dispose of more cases, less will remain waiting to get on to the docket and that will reduce a lot of the anger at delayed justice and the judiciary.

In the present suspicious and angry climate though people might say that more judges would only mean more waste of tax payer money if the judges are going to enjoy long vacations.

We need a civil discussion about the problem - the problem is delayed justice. Long vacations of judges may be one of the factors but surely not the only one or the most important one.

nginx

9 months ago

The system needs to be changed asap. Almost 6 months in a year are holidays for judges. This is simply unacceptable considering how the rest of the population working in other professions have to work for atleast 270+ days in a year.

Long working hours are really no excuse. Most private sector workers have to contend with very long working hours as well. Only the government babus enjoy 9 to 5 easygoing working schedule.

Balraj Amaravadi

9 months ago

I think, British made system(s)(unfortunately, we are still following not leading!) to manage the country, not to develop the country. So, may need to revise the whole system(s).

S A Narayan

9 months ago

Agree with Bapoo, a lot of work happens at the back end, not visible to others.Just access full judgements of cases and see how bulky they are and they cannot be prepared without application of mind and thorough scrutiny of all material and case law cited by lawyers.Ask the spouse of a Judge and you will know the other side!

REPLY

Gupta

In Reply to S A Narayan 9 months ago

So you are suggesting that judges jobs should be such that it should not even require application of mind or scrutiny of any materials! Then why are they required. This is their job... Such whimsical arguments can only be put forth in India. Ask the spouses of many other professionals and you will know they work much harder than our corrupt judges. This arrogance of courts has to be cut down. Why on earth can't they work in summer if the rest of the world does so. And after all this, these judges complain that there aren't enough judges to clear the backlog! Give us a break...

vnrao

9 months ago

NO HOLIDY SHOULD BE THERE FOR COURTS AND THEY SHOULD WORK IN SHIFTS TO AVOID BACKLAG OF CASES ESPECIALLY PETTY CASES IF PROSECUTIOB FAILS TO PRODUCE WITNESS OR EVEDINCE IN TIMEBOUND MANNER CASES SHOULD BE DISMISSED VACATION SYSTEM OF BRITISH RAJ SHOULD BE ABOLISHED

Anand Vaidya

9 months ago

If the courts stop entertaining frivilous cases such as Lord Ram sending Sita away or sending legal notice to Hanuman, or getting entangled in anti-govt actions , on the prodding of so called (mostly corrupt) NGOs- they can probably save a lot of time to deliver justice to people who deserve it

Bapoo Malcolm

9 months ago

M. Annika,

Scanning has already started. Also for ancient law books. Company matters are presented on CDs.

Could talk to you but you are so abusive and angry, I think this time a lawyer may be hurt, physically!

How many people are willing to admit that they have a bad case? Or even no case at all? If your lawyer says you have no case, please do not go to another one. Just go home. And save your money, time, and mot importantly, your peace of mind.

Bapoo Malcolm

9 months ago

M. Annika,

Please stand outside the Bombay High Court, and also other courts, and see the files being taken home. A judge prepares for dozens of cases before he sits on the bench.

Some leave late at night. Others give up their homes to cut down on travel time when they get closer accommodation. Wish I were allowed to name them.

What you see is the tip of the iceberg, in court.

lalit

9 months ago

This is the time for the judiciary to wake up and curtail the holidays so that no of pending cases come down.

Bapoo Malcolm

9 months ago

Sorry to say this, but Agrawal is wrong. Judges and lawyers, not to mention litigants, like students and teachers, need a break.

He tries to make out as if ALL courts take time off. They don't. All he can see is what he sees for a few moments in court. There is a lot more work behind the scenes. Our days are 16-18 hours long. We reached home at nearly one o'clock last night. While our clients are snoring away. They sleep well because we fret.

Mr. Agrawal, that's how lawyers and judges WORK . Filing petitions without homework, and consideration, only adds to the court's work. As do frivolous PILs, often as pressure tactics, if not outright blackmail.

It's easy to be arm-chair critics and spew out suggestions; hard reality is something else. There is room for improvement, no doubt, but not by passing off-the-cuff comments.

Adding judges may be a solution, but what is it that one wants? Quantity or quality? Anybody can be installed, but will he, or she, deliver GOOD justice? Or are you read for Sharia Law?

Why not petition the government to cut down on public holidays? Then we can MAKE MORE IN INDIA.

We need to have an open debate on this. Too much talk, by too many, knowing too little.

Has anyone asked why people need 30 days privilege + 10 days casual + sick leave + maternity leave + Saturdays and Sundays off? Why do they work only 10 to 5, if at all, and get paid overtime for doing more of the same?

Come, let's debate. It will be fun.

Bapoo M Malcolm Advocate, Bombay High Court.

REPLY

Gupta

In Reply to Bapoo Malcolm 9 months ago

Certainly it will be fun. There have been times where we have worked for 16 hours continuously for months, without break and without leaves... only thing is we don't make a fuss about it and we don't have "contempt of court" rules to protect against any criticism !

Government reconsidering OROP denial to premature retirees

In an interview to Karan Thapar on India Today TV, Parrikar said a one-member judicial commission can also relook at equilising pensions

 

Defence Minister Manohar Parrikar has said government is reconsidering the denial of the OROP scheme to premature retirees.
 
In an interview to Karan Thapar on India Today TV, Parrikar said a one-member judicial commission can also relook at equilising pensions. 
 
The One Rank One Pension (OROP) scheme announced by the government at present does not cover those who take early retirement, something that the veterans demanding OROP have opposed. 
 
Equilisation of pensions at present is to be done every five years, while the veterans want it to be done every year. 
 
Talking about the big-ticket Rafale deal, the defence minister said that price is a big problem that is delaying the government-to-government deal for the fighter jets, even as France has on a percent offsets clause, a statement from the channel said. 
 
India signed an inter-governmental pact with France to buy 36 Rafale fighters but the price negotiations are still on. France is said to have quoted around $9 billion for the 36 jets. 
 
The deal would includes two types of missiles abd bombs, training of pilots and base facilities for the planes.
 
The minister also said he is "hurt" by the US decision to sell F-16 jets to Pakistan, a move which India has vocally opposed. 
 
The minister also said he is convinced that ISI was involved in the 26/11 attack, adding that MEA could ask Pakistan to move the case relating to Zakiur Rahman Lakhvi, the alleged handler of the Mumbai attackers, to a military court. 
 
On the recent attack at an airbase in Pathankot, the minister said there were gaps in security, adding that local labourers could have helped the terrorists. 
 
He also made it clear that the special investigation team from Pakistan probing the case there will not be allowed inside the Pathankot airbase. 
 
Asked about the 7th Pay Commission and the concerns of the forces, the minister said it is being studied, and promised "rectification". 
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.

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