Jai Hind Jai Bharat

Jai Hind Jai Bharat

Thursday, December 31, 2009

Nauha

An Article on Moharram

Wednesday, December 30, 2009

IMPORTANT FACTs

LIST OF PRIME MINISTERS OF INDIA


Shri Jawaharlal Nehru August 15, 1947 - May 27, 1964
Shri Lal Bahadur Shastri June 9, 1964 - January 11, 1966
Shrimati Indira Gandhi January 24, 1966 - March 24, 1977
Shri Morarji Desai March 24, 1977 - July 28, 1979
Shri Charan Singh July 28, 1979 - January 14, 1980
Shrimati Indira Gandhi January 14, 1980 - October 31, 1984
Shri Rajiv Gandhi October 31, 1984 - December 1, 1989
Shri Vishwanath Pratap Singh Dec. 2, 1989 - November 10, 1990
Shri Chandra Shekhar November 10, 1990 - June 21, 1991
Shri P.V. Narasimha Rao June 21, 1991 - May 16, 1996
Shri Atal Behari Vajpayee May 16, 1996 - 1 June 1996
Shri H. D. Deve Gowda 1 June 1996 - 12 April 1997
Shri Inder Kumar Gujral 21 April 1997 - 19 Mar 1998
Shri Atal Behari Vajpayee 19 Mar 1998-2004
Dr Manmohan Singh recently


* Shri Gulzarilal Nanda was caretaker Prime Minister of India twice in 1960s.


PRESIDENTS OF INDIA

Dr. Rajendra Prasad Jan. 26,1950 - May 13, 1962
Dr. S. Radhakrishnan May 13, 1962 - May 13, 1967
Dr. Zakir Hussain May 13, 1967 - August 24, 1969
Shri Varahagiri Venkata Giri August 24, 1969 - August 24, 1974
Shri Fakhruddin Ali Ahmed August 24, 1974 - February 11, 1977
Shri Neelam Sanjiva Reddy July 25, 1977 - July 25, 1982
Shri Giani Zail Singh July 25, 1982--July 25, 1987
Shri R. Venkataraman July 25, 1987- July 25, 1992
Dr.S.D. Sharma July 25, 1992 - July 25, 1997
Shri K R Narayanan July 25, 1997 - 2002
Dr. A.P.J.Abdul Kalam - 2002-2007( was sworn in as the 11th President of India by Chief Justice of India on July 25, 2002 in the Central Hall of Parliament.)
Smt.Pratibha PATIL Recently


LIST OF PRIME MINISTER's OF PAKISTAN

1) Liaquat Ali Khan (August 14, 1947 to October 16, 1951)

2) Khawaja Nazimuddin (October 17, 1951 - April 17, 1953)

3) Muhammad Ali Bogra (April 17, 1953 - August 12, 1955)

4) Chaudhry Muhammad Ali (August 12, 1955 - September 12, 1956)

5) Huseyn Shaheed Suhrawardy (September 12, 1956 - October 17, 1957)

6) Ibrahim Ismail Chundrigar (October 17, 1957 - December 16, 1957)

7) Sir Feroz Khan Noon (December 16, 1957 - October 7, 1958)

8) Mohammad Ayub Khan(October 7, 1958 - October 28, 1958) ,(chief martial
law administrator to 24 Oct 1958).

From 1958 until 1973, no person held the title of Prime Minister due to martial law.
9) Nurul Amin (December 7, 1971 - December 20, 1971)

10) Zulfiqar Ali Bhutto (August 14, 1973 - July 5, 1977)

The office was again suspended from July 5, 1977 until March 24, 1985 due to martial law.

11) Mohammad Zia-ul-Haq(July 5, 1977 - March 24, 1985) ,(chief martial law administrator).

12) Muhammad Khan Junejo (March 24, 1985 - May 29, 1988)

(Again) Mohammad Zia-ul-Haq,(June 9, 1988 - August 17, 1988)

13) Benazir Bhutto (Dec 2, 1988 - August 6, 1990)

14) Ghulam Mustafa Jatoi (August 6, 1990 - November 6, 1990)

15) Nawaz Sharif (November 6, 1990 - April 18, 1993)

16) Balakh Sher Mazari (April 18, 1993 - May 26, 1993)

(Restored) Nawaz Sharif (May 26, 1993 - July 18, 1993)

17) Moin Qureshi (July 18, 1993 - October 19, 1993)

(Again) Benazir Bhutto (October 19, 1993 - November 5, 1996)

18) Miraj Khalid, (interim) (November 5, 1996 - February 17, 1997)

(Again) Nawaz Sharif (February 17, 1997 - October 12, 1999)

On October 12, 1999, Pervez Musharraf overthrew Nawaz Sharif, and took the title of Chief Executive. On June 20, 2001, he was made the President of Pakistan.

19) Pervez Musharraf (October 12, 1999 - November 23, 2002) ,(de facto to 14 Oct 1999, from 14 Oct 1999 chief executive)

Elections were held on October 10, 2002 leading to the return of the position of Prime Minister

20) Zafarullah Khan Jamali - November 21, 2002 - June 26, 2004)


21) Chaudhry Shujaat Hussain - June 30 2004, August 28 2004

22) Shaukat Aziz - August 28, 2004- Present


NUCLEAR WEAPONS STATES

China, France, Russia, United Kingdom, United States: These states have declared their nuclear weapons program and are recognized under the NPT as a nuclear weapons state.

* Non-NPT Nuclear Weapons States

India, Israel, Pakistan: These states are not members of the NPT and possess nuclear weapons.

* States that Have Renounced Nuclear Weapons

Argentina, Belarus, Brazil, Iraq, Kazakhstan, Libya, South Africa, South Korea, Taiwan, Ukraine: The states in this category had, or were believed to have had, active nuclear weapons programs. These states went on to renounce-some voluntarily and some through force-such activities.

* States of Concern

Iran, North Korea: These states have taken steps in the recent past to acquire nuclear weapons.









INDIA'S COMMITMENT OF PLEBISCITE FOR THE PEOPLE OF KASHMIR



“Our view which we have repeatedly made public is that the question of accession in any disputed territory or State must be decided in accordance with wishes of people and we adhere to this view.”



· JAWAHARLAL NEHRU


(in telegram No. 402-Primin-2227 dated 27 October 1947 to Prime Minister of Pakistan repeating telegram addressed to Prime Minister of United Kingdom).



“In regard to accession also, it has been made clear that this is subject to reference to people of State and their decision.”



· JAWAHARLAL NEHRU

(in telegram No.413 dated 28 October 1947 addressed to Prime Minister of Pakistan).



“ …….the people of Kashmir would decide the question of accession. It is open to them to accede to either Dominion then.”



· JAWAHARLAL NEHRU

(in telegram No.255 dated 31 October 1947 addressed to Prime Minister of Pakistan).



“Kashmir should decide question of accession by plebiscite or referendum under international auspices such as those of the United Nations.”



· JAWAHARLAL NEHRU

(Letter No. 368-Primin dated 21 November 1947 to Prime Minister of Pakistan).



“We are anxious not to finalize anything in a moment of crisis and without the fullest opportunity to be given to the people of Kashmir to have their say. It is for them ultimately to decide.



“And let me make it clear that it has been our policy all along that where there is a dispute about the accession of a state to either Dominion, the accession must be made by the people of that state.”



· JAWAHARLAL NEHRU

(Broadcast to the Nation: “All India Radio”: 2 November 1947).



“The issue in Kashmir is whether violence and naked force should decide the future or the will of the people.”



· JAWAHARLAL NEHRU

(Statement in Indian Constituent Assembly; 25 November 1947).



“We have not opposed at any time an over-all plebiscite for the State as a whole…….”



· JAWAHARLAL NEHRU

(in telegram dated 16 August 1950 addressed to the U.N. Representative for India and Pakistan: S/1791 : Anne 1(B).



“The most feasible method of ascertaining the wishes of the people was by fair and impartial plebiscite.”



· JAWAHARLAL NEHRU

(Joint press communique of the Prime Ministers of India and Pakistan issued in Delhi after their meeting on 20 August 1953).



“People seem to forget that Kashmir is not a commodity for sale or to be bartered. It has an individual existence and its people must be the final arbiters of their future.”



· JAWAHARLAL NEHRU

(Report to the All-India Congress Committee, 6 July 1951; The Statesman, New Delhi, 9 July 1951).



“Kashmir is not a thing to be bandied about between India and Pakistan but it has a soul of its own and an individuality of its own. Nothing can be done without the goodwill and consent of the people of Kashmir.”



· JAWAHARLAL NEHRU

(Statement in the Indian Parliament, 31 March 1955).



“We had given our pledge to the people of Kashmir, and subsequently to the United Nations; we stood by it and we stand by it today. Let the people of Kashmir decide.”



· JAWAHARLAL NEHRU

(Statement in the Indian Parliament, 12 February 1951).



“We have taken the issue to the United Nations and given our word of honour for a peaceful solution. As a great nation, we cannot go back on it. We have left the question for final solution to the people of Kashmir and we are determined to abide by their decision.”



· JAWAHARLAL NEHRU

(Amrita Bazar Patrika, Calcutta, 2 January 1952).



“If, after a proper plebiscite, the people of Kashmir said, ‘We do not want to be with India’, we are committed to accept that. We will accept it though it might pain us. We will not send any army against them. We will accept that, however hurt we might feel about it, we will change the Constitution, if necessary.”



· JAWAHARLAL NEHRU

(Statement in the Indian Parliament, 26 June 1952).



“I want to stress that it is only the people of Kashmir who can decide the future of Kashmir. It is not that we have merely said that to the United Nations and to the people of Kashmir; it is our conviction and one that is borne out by the policy that we have pursued, not only in Kashmir but every where.



“I started with the presumption that it is for the people of Kashmir to decide their own future. We will not compel them. In that sense, the people of Kashmir are sovereign.”



· JAWAHARLAL NEHRU

(Statement in Indian Parliament, 7 August 1952)



“The whole dispute about Kashmir is still before the United Nations. We cannot just decide things concerning Kashmir. We cannot pass a bill or issue an order concerning Kashmir or do whatever we want.



· JAWAHARLAL NEHRU

(The Statesman, 1 May 1953)



“Leave the decision regarding the future of this State to the people of the State is not merely a promise to your Government but also to the people of Kashmir and to the world.”



· JAWAHARLAL NEHRU

(In telegram No. 25 dated 31 October 1947 addressed to Prime Minister of Pakistan).



“In regard to accession also it has been made clear that this is subject to reference to people of State and their decision.”



· JAWAHARLAL NEHRU

(In telegram No.413 dated 28 October 1947 addressed to Prime Minister of Pakistan).



“That Government of India and Pakistan should make a joint request to U.N.O. to undertake a plebiscite in Kashmir at the earliest possible date.”



· JAWAHARLAL NEHRU

(In telegram No. Primin-304 dated 8 November 1947 addressed to Prime Minister of Pakistan).



“We have always right from the beginning accepted the idea of the Kashmir people deciding their fate by referendum or plebiscite………..”



“Ultimately, the final decision of settlement, which must come, has first of all to be made basically by the people of Kashmir…….”



· JAWAHARLAL NEHRU

(Statement at Press Conference in London, 16 January 1951, The Statesman, 18 January 1951).



“But so far as the Government of India are concerned, every assurance and international commitment in regard to Kashmir stands.”



· JAWAHARLAL NEHRU

(Statement in the Indian Council of States; 18 May 1954).

Companies And Their Taglines

BANKING AND FINANCE

DEUTSHE BANK--- A person to perform
AXA Life insurance---- Be life confident
Citi Bank ------ Your citi never sleeps
Citi Bank ------ Come to Citi and let's get it done
Citi Bank ------ Live richly
American Express----- Membership has its privileges
American Express----- Don't leave home without it
Franklin Templetion Maryland-Gain from our perspective
Prudential Insurance------- Get a peice of the rock
Prudential Securities------ Rock solid market wise
Bank of America----- Higher standards
Chichago Mercantile Exchange-Ideas that changes the world
Prudential Securities--- Knowing the investor
ABN AMRO------ Making more possible
Master Card----- The heart of commerce
Alliance Capital---- The investment professionals choice
Punjab National Bank---- The name you can bank upon
Sun F&C Mutual Funds---- The value of experience
PNB Gilts----------- Having money the gilt Age
TATA AIG Insurances------ With you always
LIC Mutual Fund---------- With you all the time
Life Insurance Corporation-- We cove you at every step in life
LIC ---- We know india Better
Punjab and Sindh Bank--- Here service is the way of life
SBI----- with you all the way
Centurian Bank----- We value your time
JM Mutual------ Your friend in the world of Risk
GIC mutual fund------ Your trusted treasury Manager
WESTERN UNION MONEY TRANSFER-The fastest way to recieve money worldwide
MAX NEWYORK LIFE-------------Your partner for life
Power finance----- Financing the brighter tommorow
Reliance-------- Growth is Life
Tata AIG------ Improving the quality of life
HSBC--- The World's Local Bank
Citigroup------ Thinking for Generations
Capital one---- what's is in your Wallet
Global Trust Bank-------- Experience a New Way
HDFC Mutual Funds-------- Continuing a Tradition of Trust
IDSI------- Bonding through safety and securities
SBI Mutual Fund--- A Partner For Life
SBI Card------ Makes Life Simple
GIC Mutual Fund------ Serve to prosper

OIL & ENERGY

BP Speed------ Not just Petrol
GULF---------- Your local Global Brand
HP------------ Future Fuel of Energy

COMMUNICATIONS
AIRTEL------- No matter where you are,stay in touch
IDEA ------- An idea can change your life
CNN International----- Essential for Business
AIRTEL------- Express Yourself
Vodafone----- How are you
The Washington Post----- If you don't get it,You don't get it
Yellow Pages------------ Let your finger do the walking
Vodafone------- Make the most of how
HUTCH---------- Wherever you go,our network follows
Nokia----- Connecting People
Siemens Mobile ---- Designed for Life
Motorolla---- Hello moto
Seimens Mobile------ Be inspired
Bharti--------- Building Telecom,Building partnership
MTNL---------- Life line of Delhi and Mumbai
CNN------ The world's News Leader
Business India------- The magazine of the corporate world
Business Standard-------- When you are sure
The Newyork Times-------- Expect the world
Ten Sports--------- Entertainment Guranteed
Business Today---- For Managing Tomorrow
HINDU------ India's National Newspaper
BBC World----- Knowing is Everything
CNBC India---- Perform from it
India Today----- Making sense of india today
Outlook----------- The most exciting weekly News magazine

COMPUTING

Apple Computer------ 1000 songs in your pocket
Apple Computer------ 5000 songs in your Hand
Apple Computer----- Rip,Mix,Burn
Apple Computer----- Multimedia you can use
Apple Computer------ I think ,therefore Mac
Apple Computer------ Every thing is easier on Mac
Apple Computer------ For the best of us
Apple Computer----- Think outside the Box
Apple Computer------ Think Different
Lenove Think Pad------ New thinking,New think Pad
Lenovo--------- New World,New Thinking
Infosys------- Power by intellect,Driven by values
HP------ The Computer is personal again
eBay------ The world's online market place
HEWLETT PACKARD-------- Invent
WIPRO ------ Applying Thoughts
Amazon.com----- And you are done
TCS--- Experience Certainity
eBay----- Buy it ,Sell it,Love it
Sun Microsystems ----- We are the dot in .com
Satyam computer services----What Business Demands
Microsoft---- Where do you want to go today
Microsoft----- Your potential,Our Passion
Wikipedia---- The free Encyclopedia
You tube----- Broad cast yourself
Dell Computer---- Easy as Dell
IBM---- Think
IBM--- Helping Business solutions
IBM---- Solutions for small planet
Compaq---- Inspiration Technology
Oracle------ Software powers the Internet
MonsterIndia.com ---- The best job for the best mind
INTEL--- Intel Inside

Tuesday, December 22, 2009

Ali Safdar Nauha 2010

Nauha Ali Safdar 2010

Lottery of Awas yojna of LDA

Wednesday, December 9, 2009

Ashura

Nauha

Monday, December 7, 2009

SC Judgement

Copyright Infringement and the Recent Amendments to the IT Act

The IT Act amendments recently came into force. I have a post on SpicyIP examining the amendment to section 79 of the IT Act dealing with ISP/intermediary liability.

As per the amendment, "immunity" for intermediaries is no longer limited to offences under the IT Act, but extends to offences arising under any law in force in India. Therefore, one might argue that an ISP can now claim immunity for any breach of the Copyright Act, 1957, provided it acts as a mere intermediary and has no knowledge of the copyright violation in question.

Unfortunately, Section 81 of the IT Act stands in the way of such an interpretation. It reads thus:

"The provisions of this Act [IT Act] shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. Provided that nothing contained in this Act shall restrict any person from exercising any rights conferred under the Copyright Act, 1957 or the Patents Act, 1970."

In other words, the IT Act cannot absolve an intermediary of liability, if that intermediary is otherwise found liable under the Indian Copyright Act. Secondary liability is mainly found in sections 51 (a) (ii) and 63 of the Copyright Act. If perchance an intermediary is found liable under one of these provisions or under any other provision of the Indian Copyright Act, it cannot take recourse to section 79 and nullify the "right" of a person to sue for such infringement.

Interestingly the proviso to section 81 of the IT Act only mentions "copyright" and "patent" liability. It does not include liability for other kinds of IP infringement such as trademarks, geographical indications, plant varieties etc. Therefore, in so far as these infringements are concerned, an intermediary can claim an exemption under section 79. Why this difference? Did this have anything to do with lobbying by special interests? Or was this a genuine mistake?

History of Section 79?

Rumour mills have it that the push to amend the IT Act came in the wake of the infamous Baazee case, when a "one name" Prabhakaran got after an unsuspecting Avnish Bajaj. Matters took a political turn when Condy Rice intervened. Given this political baggage, I'm surprised that eBay, Google and other intermediaries did not lobby hard enough to absolve IPR infringement as a whole.

It is pertinent to note that section 79 is liberally worded and will even exempt any ISP or intermediary from liability, provided such intermediary:

i) does not initiate the transmission
ii) select the receiver of the transmission; and
iii) select or modify the information contained in the transmission

Most online intermediaries and ISP's (such as Rediff, eBay, Google, Youtube etc) ought to qualify under the liberal exemption above. Unfortunately, its a pity that they cannot do so, when it comes to copyright and patent infringements. Of course, they could still claim that since they did not know of the infringement or had no reasonable ground for such knowledge, they fall outside the scope of secondary liability enshrined in section 51 (a) (ii) of the Copyright Act. However, section 51 (a) (ii) is limited to cases involving a communication of copyrighted works to the public. In so far as other copyrights (such as the right to reproduce etc are concerned), an ISP could still be potentially liable for cached/temporary copies created on its network.

Intermediary Liability and the "Secret" Copyright Bill

Given that the current copyright amendment bill is underway, the ISP and intermediary lobbies ought to insist that "intermediary" exemption under the IT act extend to copyright infringements as well. Particularly when such exemptions are likely to favour public interest and the enormous number of users who avail of such intermediary services. Unfortunately, like most other IP initiatives, the copyright bill is also shrouded in considerable secrecy and none of us will know what the actual provisions look like until the bill is introduced in Parliament (scheduled for this Winter session).

The government insists that it made the bill public in 2006 and called for comments. While this is no doubt true, it is only partly so. Since the 2006 draft was put up, the government has made a number of changes, including the addition of altogether new provisions, such as an equitable remuneration in favour of artists. Little wonder then that lobby groups such as the Indian Broadcasting Federation are up in the arms decrying the secrecy and lack of consultation. Clearly there is, and will continue to be, a lot of politicking around the present Bill. Whether it will finally pass and if so, the form in which it will do so remains to be seen.

Is Article 15(4) an enforceable right?

The Supreme Court's judgment in Dr.Gulshan Prakash v. State of Haryana (Delivered on December 2 by Justices K.G.Balakrishnan-P.Sathasivam-J.M.Panchal)is sure to create a controversy of sorts because of its ruling that Articles 15(4) and 16(4) are only enabling provisions, and therefore, the State can use its discretion not to enforce them. I am not going into the facts of the case, as readers can get them from the judgment available on the Supreme Court's site. My preliminary observations are as follows:

1. It is not clear how the Court concluded that if they are enabling provisions, no rights accrued from them.

2. The Court holds that the State can use its discretion not to enforce Article 15(4). But discretion is always coupled with duty, and therefore, enforceable. In an earlier case, (Nagaraj), the Court had laid down conditions to control discretion, when the State wants to introduce reservations under A.16(4). These are backwardness, insufficiency of representation, and efficiency of administration. In this case, however, the Court left the State's discretion not to introduce reservations uncontrolled and unregulated.

3. In N.M.Thomas, the Court said Article 15(4) is not an exception, but part and parcel of Article 15(1) and, therefore, aims to fulfil substantive equality. This was upheld in Ashoka Kumar Thakur case last year. Once A.15(4) is understood as a necessary ingredient of equality, it can't be separated from Article 15(1) and seen merely as an enabling provision. Why the Court thinks an enabling provision can't be enforced is not clear.

4. Articles 16(4),15(4) and 15(5) only explicitly say what is implicit in Articles 16(1) and 15(1) read with Article 14. Therefore, to consider the former as unenforceable rights, as the Court has done, is fallacious.

5. Take horizontal reservations for disabled persons under Article 16(1). The State cannot refuse to reserve seats claiming that it is also an enabling provision. The Court appears to suggest that Article 16(1) is superior to Article 16(4), and whereas the State is bound to reserve seats under Article 16(1), the State is not so bound under Article 16(4). Such an understanding is inherently flawed.

6. The Court appears to have understood the State's duty to reserve seats as opposed to the need to maintain efficiency under Article 335. Both are not contradictory.

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