LEGAL CIRCLES

· GAZA CEASEFIRE PLEA: A BOATMAN’S INVITATION

The short term ceasefire in Gaza strip has finally come into force, thanks to the diplomatic efforts made by the Qatar government and human concern shown by the warring parties. However, there is not much to rejoice because Israel has made its intention very clear that it is agreeing for the temporary ceasefire only to facilitate the innocent people as hostages by Hamas and the Israeli forces. Still it is possible that during this short interval, some cooling of minds might take place among the Hamas, Hezbullah and Houti Militia supported by the Arab block and other countries like China and Russia on one side and Israel, a country fighting for its existence with the support of USA, UK, France, Canada and Europian Union on the another. This is not to conclude that the present short ceasefire would be extended indefinitely. Israel has made it very clear without mincing words that its defence forces will work relentlessly to achieve the total annihilation of Hamas from the Gaza strip while neutralising the other likeminded terrorist groups supporting Hamas.

With regard to India’s role, while it could have been better and in the national interest, had our government taken the definite stand in support of Israel which has become the victim of Hamas terrorism and the retaliatory violence in Gaza though it may appear to be excessive, is justifiable. The so called Palestinian government seems to be turning the Nelson’s eye. In fact, the official government seems to be overtly and covertly supporting the Hamas terrorists making the innocent people as shields.

However, as a peace loving nation we should not leave any stone unturned and on the other hand, we should go extra mile to bring about a peaceful solution to the ever growing war.

The war mongers, ruthless politicians and expansionist super powers must always bear in their minds that the nations, governments, militaries and wealth will exist only if the humanity survives. Off-late, the world has witnessed fears fighting between Russia-Ukraine and Israel-Hamas resulting into heavy loss of life and property. The war has not been limited only to the directly fighting countries but has also engulfed a host of other countries including super powers and nuclear states. Therefore, the end of the civilization is just a button-press away. The nuclear warfare once triggered cannot be stopped. History has been afresh in our minds that even the small atomic weapons called ‘fat boy’ and ‘little boy’ could spell a hell of disaster in Japan, in 1945, the after effects of which could be seen even today. The survival instinct is basic element not only among human beings but also in all living creatures. Let’s not forget that.

In sum, let the talks of World peace not be inane or a mere formality. One is reminded of an Arabic idiom used in Egypt: Ozoomit Markby which translates to boatman’s invitation. The story behind this expression goes like this. The boatmen sailing in the seas often extend invitation to boatmen travelling in other boat, for a cup of tea. The offerer fully knows that it is nigh impossible for the other boatmen to accept his invitation for tea since the boats are sailing in the sea. The lesson: let the peace talks be carried out sincerely, seriously and with honesty to establish and sustain a real peaceful world.

· SC ON PROPERTY TRANSFER

A bench of Justice Vikram Nath and Justice Rajesh Bindal of the Supreme Court in a recent judgment has observed that no title could be transferred with respect to immovable properties on the basis of an un-registered agreement to sale or on the basis of an un-registered general power of attorney. The Registration Act, 1908 makes it clear that even if such documents were registered, still it could not be said that the respondent would have acquired title over the property in question.

The court observed: “Law is well settled that no right, title or interest in immovable property can be conferred without a registered document.”

The above views were expressed by apex court in a case titled, Shakeel Ahmed v/s Syed Aqlaq Hussain.

· BOUNDARY -LESS ANTICIPATORY BAIL

Overturning two judgements of High Courts rejecting the anticipatory bail application for the offences registered in the places not within their jurisdictions, the Supreme Court has now held that in order to ensure the personal freedom guaranteed under the Constitution, a Sessions Court or High Court can entertain the anticipatory bail application for the FIRs not registered within their respective jurisdictions.

The division bench of Justice B.V Nagrathna and Justice Ujjal Bhuyan in a case titled, examined the Constitutional provisions of personal freedom and held that in exceptional circumstances such as threat to one's life in a place where the FIR has been lodged and that place is situated outside the jurisdiction of the accused person's place, the Sessions Court or the High Court can entertain the anticipatory bail application subject to other conditions laid down in the Judgement.

· INDIA FILES APPEAL IN QATAR AGAINST DEATH PENALTY OF EX-NAVY PERSONNEL

The Indian Government on November 23rd, filed an appeal against the sentence of death penalty awarded to 8 Ex Indian Navy Personnel to a Higher Court in Qatar. The sources in the external affairs ministry said theIndian Government will do its best to extend support and consular access to the condemned prisoners in Qatar.

· ILO REFERS A DISPUTE TO ICJ

The International Labour Organisation (ILO) at its meeting of the governing body held on November 10, decided to refer a dispute over the right to strike to the International Court of Justice (ICJ).

The governing body decided that it would consider appropriate follow-up action after receiving the advisory opinion of the ICJ.

* TS-HC ASKS GOVT. TO CLEAR ITS STAND ON INDUSTRY IN RESIDENTIAL ZONE

Acting upon a PIL filed in 20017 by one, C.Kumar questioning the misuse of residential plots in Azamabad area of Hyderabad, the Division Bench comprising Chief Justice Alok Aradhye and Justice J. Anil Kumar, directed the state authorities to clear their stand on the issue of allowing industries to operate from the residential areas. The industry in question is Agrawal Industries Pvt. Ltd.

The court granted three weeks time to file a reply and adjourned the matter to December 14 for further hearing.