Thursday, April 9, 2009

No Unsolicited Calls to Mobile Phones in India

The Delhi High Court restrained telemarketers from making unsolicited calls to mobile phone users, irrespective of the fact whether or not they are registered with the DND facility.

60 lakh register Nearly 60 lakh mobile subscribers have enrolled with the National-Do-Not-Call (NDNC) registry within just 10 days of its launch to avoid getting unsolicited sales calls from telemarketers.

A bench comprising Justice Tirath Singh Thakur and Justice Kailash Gambhir said if any telemarketer continues with such activities it would be illegal and the consumers can move against telecom companies in the consumer court. The court passed the order on a contempt petition filed by one Nivedita Sharma saying she had been getting unsolicited calls despite a consumer court order.

The High Court, had, however, earlier stayed the consumer court order, which imposed an exemplary fine of Rs 50 lakh on Airtel and the Cellular Operators Association of India (COAI) for “failure” to stop “unnerving unsolicited” calls and SMS by telemarketing and banking companies to mobile phone users.

The consumer court had also imposed a penalty of Rs 12.5 lakh each on ICICI and the American Express Bank for causing “immense nuisance” by making unsolicited communications such as SMS.

The high court said such calls should not be made to any consumer irrespective of whether one is registered with “do not disturb” (DND) registry as recommended by telecom regulator TRAI.

The DND facility has come into effect from September 1. Sharma had filed a complaint against Airtel, ICICI and American Express Bank alleging she had been receiving unsolicited calls and SMS on her mobile number.

IRDA to permit insurance company to set up of liaison offices in India

The Insurance Regulatory and Development Authority (IRDA) has been authorized to permit insurance companies registered outside India to set up liaison offices in the country.

The existing procedure for grant of permission by RBI for opening of an office by an insurance company registered outside India has been revised in consultation with the Government of India and it has been decided that hence forth such permission would be granted by IRDA.

In this context a “Liaison Office” would mean a place of business to act as a channel of communication between the Principal place of business or Head Office by whatever name called and entities in India but which does not undertake any commercial/ trading/ industrial activity, directly or indirectly, and maintains itself out of inward remittances received from abroad through normal banking channel.

Persons desirous of opening liaison offices shall apply to the Insurance Regulatory and Development Authority. The applicant company shall be required to comply with the terms and conditions of the General Permission granted by RBI under the Foreign Exchange Management Act, 1999 and any other law in force.

The permission for opening of liaison office in India by an insurance company registered outside India are subject to the terms and conditions as may be additionally stipulated by the Authority from time to time.

High drama as Saravana Bhavan owner surrenders

Chennai: P. Rajagopal, founder of the Saravana Bhavan restaurants, surrendered before a court Monday, five days after the Madras High Court sentenced him to life imprisonment for murdering his employee eight years ago.

There was high drama at the session's court as police refused to arrest him despite judge C.S. Murugan issuing an arrest warrant after receiving a petition of surrender from Rajagopal.

The police refused to enter the court as they did not want to risk entering the premises and arrest Rajagopal after having been chastised by the high court last week for assaulting lawyers, an official said on condition of anonymity.

Finally, flanked by his defence counsels and the prosecution, Rajagopal arrived at the nearby Esplanade police station followed by TV cameras and allowed himself to be arrested and sent off to prison in a police vehicle.

Awarded a 10-year rigorous imprisonment sentence by a fast track court earlier for murdering Prince Shantakumar in 2001 by a fast track court, Rajagopal's prison time was enhanced to life by a division bench of the Madras High Court, March 19.

"I have surrendered to the court but will appeal in the Supreme Court (against the conviction)," Rajagopal told reporters.

Rajagopal was not arrested despite the lapse of almost 100 hours after his conviction and cancellation of bail last Thursday.

The March 19 verdict was announced by a division bench comprising Justices P.K. Mishra and R. Banumathi, who convicted Rajagopal and six others.

He had also been accused of sexually harassing Shantakumar's widow, Jeevajothi, and the daughter of another employee Ramaswamy.

Rajagopal, 59, founded the Saravana Bhavan chain of hotels worldwide in 1981. The hotel chain has over 25 outlets in India, and several in other countries.

Saravana Bhavan owner's son held for visa fraud

Chennai: The family that owns South Indian fast food chain Saravana Bhavan is in trouble, again.

First it was the father who went to jail for murder. Now, his son has been charged with cheating and fraud.

R Shivakumar, son of the owner of Hotel Saravana Bhavan, one of the most popular south Indian restaurant chains, has been sent to 15 days judicial custody for allegedly attempting to obtain US visas for his employees using forged documents.

“We have applied for bail and the application comes to court on November 11. He has been remanded to 15 days of judicial custody,” Shivakumar’s defence counsel Muthukannayan said

Sivakumar was arrested on Saturday night following a complaint from the US Consulate.

He has been booked under five sections of the Indian Penal Code including Section 420 which deals with cheating and fraud.

After initial interrogation, Shivakumar was presented in court on Sunday evening.

The founder of Hotel Saravana Bhavan, Rajagopal, was charged with murder and has been out on bail for more than two years now. Now his son is going to spend the next 14 days in judicial custody.

But the counsel for Hotel Saravana Bhavan is hoping that they can bail out Sivakumar just like they succeeded in bailing out his father years ago.

Madras HC awards life term to Saravana Bhavan owner

19 Mar 2009, 2008 hrs IST, ET Bureau

CHENNAI: The Madras High Court on Thursday enhanced to life imprisonment the 10-year jail term awarded to hotel chain Saravana Bhavan owner R

Rajagopal and eight others in a murder case. A Division Bench, comprising Justice PK Mishra and Justice R Bhanumathi, passed an order on an appeal by the prose-cution seeking higher sentence than that awarded by the trial court in April 2004.

The Bench dismissed appeals by the convicted persons seeking acquittal in the case. Rajagopal (59), founder of the Saravana Bhavan chain of hotels, was found guilty by a fast track court in connection with the murder of an em-ployee Prince Shantakumar in 2001. The court had sentenced him to ten years rigorous imprisonment in 2004.

In November 2008, Rajagopal’s son P Shiva Kumar was arrested on charges of forging documents to smuggle people into the US. The arrest also resulted in the cancellation of several lucrative contracts of the hotel chain to supply food to American diplomatic missions.

According to the hotel group’s website, it has 22 outlets in the south, three in the north and 22 outlets abroad.