Monday 3 September 2012

Re: [www.keralites.net] RIGHTEOUSNESS

 

Dear Comrades ,  This is in response to Mr Gangadharan punathil's letter. What you said is absolutely correct but who will bell the cat? Recently we have seen what happened to the movement of Hon. Hazare and his team. The elected representatives viz. Digvijai singh, Kapil Sibal, manish Patel, Manu abhishek singhvi ( a few bastards to be named ) virtually did steal the show through different media and distorted the whole corruption cases brought to light by CAG and many of our leaders also joined the encore. Corruption in our judicial System can be brought to minimum if only the the communal reservation is  done away with. In the name of equal representation we have seen what happened in the case of Justice Balakrishnan  who was placed at the helm of Judiciary. So too the case of executives and politicians who after getting plum positions forget the basic tenets of constitution and responsibility which the poor people bestowed on him through casting his vote.Remember the adage..undu niranjavante kayyil ninnum urula vaanganam kanduniranjavante kayyil ninnum kadam vaanganam. How many of our present leaders belongs to the above category? Even the persons born with silver or platinum spoons in their mouth like our R. BalakrishnaPillai could not prove that he belongs to a different genre like Hon.Anna and fell down to the lowest ebb of corruption. Now all the core corrupted are trying to axe VD Satheesan and Prathapan since  Sudheerans voice are being neglected.

How many of us ,except responding to  a missed call, heeded to the nation wide call given by Team Anna to register our revolt against corruption.I  felt belittled when I saw a small group of people moving  through  Tuticorin(Tamilnadu) owing allegiance to Anna Team. I was on tour to that place from Kollam on that day. How many of us, petrol vehicle owners, are ready to leave our car in the midst of the road  to protest against the  incessant petrol hike? It is very difficult to achieve anything without loosing anything. And if the achievement is for the   the benefit of the nation you will lose money energy reputation time and what not!.From where will we get such people to serve our country when the whole corruption studies we get from the school days itself in the name of strikes and other sort of revolts our present day politicians practise at the base of our democratic institutions where only the Dos an Donts are to be taught? From school itself all sorts of malice, corruption, negation, and everything against the
basic tenets of honesty and justice are being taught and practised and these leaders get' graduated' from colleges in their respective traits including robbery and murder and project them as heroes and saviours of our democracy. And that is how we have now 250 criminals as our MPs and all of them mentally and physically corrupt-off record. I do not think that any political party can solve this crisis in which we are put  except becoming a part and parcel of some movements like the one showed by Anna Hazare .Jai Hind.
PCRamachandran Nair,
Pulinthanathu,
Kaavnadu PO.Kollam -691003
0474-2798369.9446018369.
 
 
On Mon, Sep 3, 2012 at 10:48 PM, Gadhadharan Punathil <gadhadharanclt@yahoo.co.in> wrote:
 

 
 
     EVERY SOCIETY REQUIRES A SYSTEM TO ADMINISTER JUSTICE FOR THEIR MEMBERS. IN OLDEN DAYS THERE WAS THE KING WHO ACTING AS JUDGE MAKES A DECISION AFTER HEARING ALL SIDES. THEN CAME PANCHAYAT SABHA ETC. IN EVERY FAMILY YOU WILL SEE A JUSTICE ADMINISTERING SYSTEM WITH FATHER AS THE HEAD AND MOTHER AND OTHERS MAKING THEIR CASE AND ARGUING FOR THEIR CASE AND ULTIMATELY COMES THE HEAD OF THE FAMILY'S VERDICT WHICH IS ENFORCED AND ABIDED. IF THE HEAD IS INGENIOUS THE VERDICT WILL BE DECEITFUL AND INJURES AND HURTS OTHERS RESULTING IN REVOLT AND DIVISION OF FAMILY INTO SMALLER FAMILIES.IT IS EVIDENT THAT DEMOCRACY HAS ITS GENISUS IN FAMILY. 
 
   JOINT FAMILIES ARE FRAGMENTED LIKE THIS AND THINK OF IT COMRADES ONLY BECAUSE DISHONEST AND CORRUPT PERSONS TAKE DECISIONS EVERYTHING GETS DESTROYED.
 
  IN MODERN TIMES THE COURT OF JUSTICE IS THERE ESTABLISHED AND FUNCTIONING IN ACCORDANCE OF THE RULE OF LAW .LAW IS ENACTED BY THE REPRESENTATIVES OF THE PUBLIC AFTER GREAT DELIBERATIONS BY EXPERTS AND FINALLY GIVEN THE SHAPE OF LAW AND ENACTED TO BE FOLLOWED FOR PUBLIC GOOD ,CONSISTENCY,CERTAINTY AND UNIFORMITY.IF CONSISTENCY OR CERTAINTY WAS NOT THERE PEOPLE WONT BE ABLE TO PLAN THEIR AFFAIRS RESULTING IN CHAOS AND ANARCHY. INCONSISTENCY AND UNCERTAININTY BREEDS CONFUSION AND CHAOS AND WILL BENEFIT ONLY THE CORRUPT AND UNSCRUPULOUS EXPLOITERS.
 
  IN ANY COUNTRY THE CONSTITUTION OF THE COUNTRY IS THE SUPREME AND MOTHER OF ALL LAWS. ALL LAWS ENACTED BY THE PEOPLES REPRESENTATIVES HAS TO BE IN CONSONANCE OF THE CONSTITUTION AND WONT STAND IF IS AGAINST ANY CONCEPTS OF THE CONSTITUTION. iN ALL CONSTITUTIONS OF THE COUNTRIES OF THE WORLD "EQUALITY BEFORE LAW AND EQUAL PROTECTION OF LAWS" IS A PARAMOUND AND BASIC CONCEPT ON WHICH IS BUILT THE JUDICIARY.
 
    IF WE CONSIDER THIS ,IT FOLLOWS THAT OUR LEGAL RIGHTS IF ESTABLISHED BY EVIDENCE IN THE COURTS OF LAW RESULTS IN FAVOURABLE ORDERS. THE FACTS ARE TO BE ESTABLISHED IN ACCORDANCE WITH THE EVIDENCE ACT .EVIDENCE ACT IS APPLICABLE IN ALL PROCEEDINGS WHERE EVIDENCE CAN BE TAKEN ON OATH.
 
   THE IRREFUTABLE CONCLUSION IS THAT THE SAYING THAT PEOPLE AND LAWYERS SHOULD PANDER THE JUDGES TO GET FAVOURABLE ORDERS IS A MIRAN GE AND FALLACY.NOW DAYS EVERY ONE WILL RUN TO INFLUENCE THE JUDGE AND TRY TO FULFIL ALL THE WISHES OF A JUDGE SO THAT HIS CASE WILL WIN,LAWYERS CAN BE SEEN RUNNING TO BEFRIEND JUDGES .PANDER THEM AND GET THEIR PATRONAGE.PEOPLE ARE NOT MUCH INTERESTED IN ADHERING TO LAW AND ITS PRINCIPLES.IF JUDGES ARE A LITTLE DISHONEST, AS A COROLLARY THE CANCER OF INFLUENCING AND PANDERING THE JUDGES WILL BE CULTIVATED BY LEAPS AND BOUNDS RESULTING IN BURYING THE LAW AND DECIMITATING THE JUDICIARY.
      LAW REQUIRES JUDGES TO BE HONEST AND IMPARTIAL AND DUTY BOUND TO ADMINISTER JUSTICE ACCORDING TO LAW.JUST BEING HONEST RESULTS IN HEARING THE PARTIES IN DETAIL .PERUSING THE RECORDS AND IF THERE IS A DOUBT CLEARING THE DOUBT BY FURTHER ARGUMENTS OR REFERENCES AND THEREAFTER PASSING JUST ORDERS.HONESTY RESULTS IN  JUSTICE AND DISHONESTY PRECIPITATES INJUSTICE.The SUPREME COURT OF INDIA HAS DECLARED THAT " JUDGES SHOULD LIVE LIKE HERMITS AND SUPPLY LIGHT AND NOT HEAT".A PEEP INOT JUDGES LIVING WILLMAKE MATTERS EXPLICIT.
 
      JUST BY GOING THROUGH THE CASE ONE WHO IS CONVERSANT WITH LAW CAN VERY WELL SAY THAT THE ORDER HAS TO BE IN SUCH A WAY .ANY MAN CAN SAY THIS IF HE IS CONVERSANT WITH LAW AND THE PRINCIPLES OF APPRECIATION OF EVIDENCE.ONLY FOR HOODWINKING PEOPLE AND MAKING THE JUDICIAL PROCESS CORRUPT AND UNCERTAIN DOES THE VESTED INTEREST MAKE THE PROCESS OF JUSTICE COMPLICATED.
 
  IF JUDICIAL OFFICERS ARE HONEST AND IMPARTIAL NATURALLY THERE IS NO NEED TO BEFRIEND THEM OR PANDER THEM OR EVEN GO INTO THEIR GOOD BOOKS.YOU JUST HAVE TO CONDUCT THE CASE PROPERLY AND YOU WILL GET ORDERS IN ACCORDANCE WITH FACTS AND LAW IN THE CASE THAT BECOME EVIDENT AFTER EVIDENCE AND ARGUMENT.
 
   ONLY IF THIS HONESTY AND IMPARTIALITY IS REESTABLISHED WILL JUSTICE DELIVERY SYSTEM RISE TO BE A CHAMPION OF JUSTICE FOR THE PEOPLE AS IS THE TALL CLAIMS AND BROAD PROPOSITIONS IN THE CONSTITUTION AND THE CONFIDENCE OF THE ALIENATED 77% (2007 TRANSPARENCY INTERNATIONALS REPORT SAY 77% OF THE PEOPLE IN INDIA DO NOT TRUST JUDICIARY)PEOPLE CAN BE REGAINED AND ESTABLISHED.
 
 
GADHADHARAN.P
3/604,MANIPURAM LANE
NADAKAV
CALICUT-673011
KERALA STATE
INDIA
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[www.keralites.net] SEBI brings Financial Advisors under its purview

 


In the wake of frauds by staff of foreign banks in the past couple of years, the Securities and Exchange Board of India (Sebi) has issued new norms for investment advisors.

Advisors would now have to register with the capital markets regulator. The framework would help regulate various investment advisory services, including independent financial advisors and bank distributors. "Banks or companies who offer distribution, execution or referral services will be required to offer investment advisory services through a subsidiary or a separately identifiable department or division (Sidd). Such a Sidd would have to be clearly segregated from other activities," stated a Sebi release. Representatives of these entities would have to certified, the release added.
After it floated a concept paper on this last year, Sebi had received 480 responses from financial advisors.

Dhruv Mehta, chairman of the Foundation of Independent Financial Advisors (FIFA), said Sebi's norms were disappointing and would have a negative impact on FIFA's business. "IFAs (independent financial advisors) were earlier mutual fund distributors; they started charging advisory fees after the ban on entry load. However, now, Sebi has said they would have to register as financial advisors, which means they have to let go of their commissions on distribution. This would not make any business sense for them. They should have been put under the exempted category, as was the case in the representation made to us after the draft norms were published," Mehta said.

Advice alone would come under the purview of these regulations, while the regulation of selling products, if any, would be under the purview of product regulators, Sebi added. According to norms, investment advisors would obtain remuneration or compensation only from the client being advised. The regulations provide for a code of conduct, fiduciary duties, record keeping and risk profiling of clients and also deal with the issue of suitability of the advice.

Those exempted from registration under these regulations include people commenting in good faith, in regard to trends in the financial or securities market or the economic situation, provided such comments do not relate to any particular security or investment product. Those advising in exclusive areas like insurance and pension products would also be exempted, provided they are regulated by sectoral regulators. Professionals such as lawyers, chartered accountants, etc, advising on services related to their professions, along with stock brokers and fund managers, have also been exempted, as they are already regulated under separate norms
.
Source : Business  Standard

Best Regards
Prakash Nair
www.keralites.net

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[www.keralites.net] Rules to check fraud by Chit Funds, MLM Firms on the cards

 

 
Model rules for checking financial fraud and irregularities committed by hundreds of chit funds and multi-level marketing (MLM) firms are on the cards. The move comes just weeks after the central economic investigation bureau (CEIB) was asked to beef up its operations in tackling the generation of black money via chit funds and MLM firms. Sources said even the home ministry is examining a proposal to set up a specialised body to monitor and regulate chit funds and MLM companies spread across the country.
A chit fund company typically collects money from several investors and gives a prize to a handful of investors via a lottery or draw. While a central law exists to regulate such chit funds and MLM companies, it is the responsibility of the state governments to notify the law and enforce its provisions on such state-level companies.
Taking steps towards the formulation of model rules to check chit fund and MLM frauds, the central government wants stringent provisions in place, like hefty financial penalty, jail terms, de-listing from the registrar of companies (RoC) roster, among others.
Sources said this has happened after the Serious Fraud Investigation Office (SFIO), under the ministry of corporate affairs (MCA), demanded setting up of a separate central regulatory agency. "MCA may not be the nodal ministry that can set up a separate entity to check frauds and scams through chit funds and MLM firms," said a senior government official
According to MCA, since the applicable law — (Prize Chit & Money Circulation Scheme (Banning) Act, 1978) — is administered by the department concerned in the finance ministry, an inter-ministerial committee, comprising representatives from MCA, RBI, Sebi, consumer affairs department and CEIB, is in the process of drafting the model rules for checking such related fraud and irregularities.
These rules will be applicable on MLM companies and prohibition schemes under the prize and chit fund banning laws. The inter-ministerial panel will also frame classificatory guidelines on how to distinguish between genuine direct sales from disguised money circulation schemes.
Sources said once the model laws are in place, the government might give its nod for the creation of a SFIO-type body under the home ministry to enforce these laws and monitor the currently unregulated menace of chit fund and MLM frauds.
Source- Financial Express
Best Regards
Prakash Nair
www.keralites.net

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[www.keralites.net] ALWAYS REMEMBER

 

Fun & Info @ Keralites.net

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[www.keralites.net] "പാര്‍ലമെന്റിലെ സ്വീകരണം": കെ എം മാണി ലണ്ടനിലേക്ക്

 

"പാര്‍ലമെന്റിലെ സ്വീകരണം": കെ എം മാണി ലണ്ടനിലേക്ക് പോയി
തിരു: ധനമന്ത്രി കെ എം മാണി ലണ്ടനിലേക്ക് തിരിച്ചു. ബ്രിട്ടീഷ് പാര്‍ലമെന്റിന്റെ സ്വീകരണത്തിനാണ് യാത്രയെന്ന് മന്ത്രിയുടെ ഓഫീസ് പുറപ്പെടുവിച്ച വാര്‍ത്താക്കുറിപ്പില്‍ പറയുന്നു. തന്റെ "അധ്വാനവര്‍ഗ സിദ്ധാന്ത"ത്തെക്കുറിച്ച് മന്ത്രി പ്രഭാഷണം നടത്തുമെന്നും വാര്‍ത്താക്കുറിപ്പിലുണ്ട്. "കേരള ബിസിനസ് ഫോറം" എന്ന ലണ്ടന്‍ മലയാളി സംഘടന സംഘടിപ്പിക്കുന്ന സ്വീകരണം ബ്രിട്ടീഷ് പാര്‍ലമെന്റിന്റെ സ്വീകരണമെന്ന് വ്യാഖ്യാനിച്ചത് ഇതിനകം വിവാദമായിട്ടുണ്ട്. ബ്രിട്ടീഷ് പാര്‍ലമെന്റ് മന്ദിരത്തിലെ ഹാള്‍ വാടകയ്ക്ക് എടുത്താണ് സംഘടനയുടെ സ്വീകരണം. ബ്രിട്ടീഷ് പാര്‍ലമെന്റ് മന്ദിരത്തിലെ നിരവധി ഹാളുകള്‍ വാടകയ്ക്ക് നല്‍കാറുണ്ട്. ബ്രിട്ടീഷ് എംപിയുടെ ശുപാര്‍ശയുണ്ടെങ്കില്‍ വ്യക്തികള്‍ക്കുവരെ ഹാള്‍ വാടകയ്ക്ക് കിട്ടും. പഞ്ചാബ് സ്വദേശിയും എംപിയുമായ വീരേന്ദ്രശര്‍മയുടെ പേരിലാണ് മാണിക്ക് സ്വീകരണം നല്‍കുന്ന ചടങ്ങിന് ഹാള്‍ വാടകയ്ക്ക് എടുത്തത്. ലണ്ടനില്‍ വ്യവസായികൂടിയായ വീരേന്ദ്രശര്‍മയാണ് കേരള ബിസിനസ് ഫോറത്തിന്റെ അധ്യക്ഷന്‍. ഫോറത്തിന്റെ പ്രധാന പ്രവര്‍ത്തകരില്‍ ചിലര്‍ കോട്ടയത്തുകാരാണ്. എന്നാല്‍, മാണിയെ ബ്രിട്ടീഷ് പാര്‍ലമെന്റിലെ പ്രത്യേക ചടങ്ങില്‍ ആദരിക്കുന്നു എന്നാണ് പ്രചാരണം. മലയാളി സംഘടന ഹാള്‍ വാടകയ്ക്ക് എടുത്തുനടത്തുന്ന പരിപാടിയില്‍ മാണി പ്രാസംഗികനാണെന്നതാണ് വസ്തുത. കൂട്ടത്തില്‍ പേരിനൊരു സ്വീകരണവും.
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