traffic-jam-Delhi | Bonum Lex

To Die-sel(l) or to not: NGT to decide Today

The National Green Tribunal (NGT) is all set to hear the diesel ban case today.

Previously Tribunal had adjourned the matter on the 18th of July, and had asked the Delhi Transport Authority to ban diesel vehicle that were 10 years old. Vehicle which were older than 15years were supposed to be deregistered, and still be eligible to apply for a No objection Certificate for plying outside Delhi-NCR. It was held that grant of the NOC was to depend on the vehicular density of the place outside Delhi NCR plying to. The order followed after the non implementation of the April 2015, order of the NGT. The Tribunal also asked the Delhi Development Authority for details of land for the scrapping, which would be essential once the scrapping policy is implemented.

Over the past 18 months, the NGT as well as the Supreme Court have passed numerous orders with the intention to curb air pollution in the Delhi NCR region.

For instance on the 12th of August the Supreme Court, lifted  an 8 months old ban on  the registration Diesel Vehicle. The Supreme Court made the ban conditional, after levying 1% as Green Levy of the ex- showroom price for diesel vehicles, which have an engine capacity above 2000cc. The three judge bench ruled that, the deposit itself shall entitle manufacturers, dealers and purchasers, for registration.

The Automobile Industry has suffered a huge 400 Cr loss between now and December, since when the ban was levied. The Delhi NCR region is responsible for 10% of passenger vehicle sale.

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tesla-model-s | Bonum Lex

Missouri says no to Tesla

 

The Circuit Court of Cole County on the 7th of September, ruled in favor of the Missouri Automobile Dealers Association (MADA) in a suit filed in January, 2015.

The suit alleges that the legal framework of states franchise laws was arbitrary, capricious and unreasonable. The allegations have come in after Tesla, was given a dealership license. This essentially implies that the electric car manufacturer can sell directly to the customers bypassing the dealership network.

Tesla and Department of Revenue argued that Tesla fulfilled all the requirements for such a license and thus eligible for the same. Also it was contended that, apparently that Missouri state doesn’t require the existence of a franchise agreement with another entity.

This judgment therefore, allows Tesla to showcase its cars in St. Louise, but the customers would have to buy them online.

Presently, Tesla has 260 locations and plans to increase it to 441 worldwide by the end of 2017. This judgment might act as a small hiccup to the electric car manufacture giant.

 

pokemon Go | Bonum lex

India files to Ex’egg’cute Pokémon Go.

 

The Dangers of Pokemon are on the rise. Here in India, a Public Interest Litigation has been filed in the High Court of Gujarat. The petitioner, Alay Anil Dave, in his petition has claimed to his right to protection of his religious rights under Article 25 guaranteed under the Constitution of India.

The petitioner has argued that, the location based augmented reality game violates Hindu sentiments by making virtual eggs available at numerous pokestops, many of which are Hindu temples.  He contended that such consumption of eggs inside a temple is against the Hindu sentiments which are explicit from the age old texts of the religion. The petition also claims that eggs should not be similarly displayed in Churches and Mosques, or any other place of worship.

To score bonus goodies, players visit to catch Pokémons at various landmarks called Pokestops, these goodies include virtual eggs at times, which hatch into the eponymous Pokémon or pocket monsters. Though the game has not been officially launched in India, enthusiasts have found hacks to play it anyway.

The petitioner has claimed in a different argument that the game violates privacy and safety of the citizens by promoting trespassing of property. The petitioner has his own conspiracy theory too, which has been mentioned in the petition, that the game is nothing but a surveillance tool for the CIA of the United States of America, thus this petitioner prompts immediate action for the sake of national security.

A bench Chief Justice R. S. Reddy and Justice V. M Pancholi has issued notices and reserved hearing later this month and has permitted the petitioner to send notice to the San Francisco based game developer, Niantic Inc.

Meanwhile, Niantic Inc has not made any comments pertaining to the petition. After, Apple this week announced that the game will be coming to the Apple Watch, Niantic Inc must give the petition some thought if it wants to introduce the game in India, which already has a huge fan base here.

 

 

Mahindra & Ola | Bonum lex

Mahindra and Ola are now allied forces.

Automobile manufactures Mahindra & Mahindra(M&M) and cab service provider Ola last week announced their alliance. A joint statement from both the company on Thursday, discloses that the strategic alliance aims to finance 40,000 cab drivers with a value of almost $400 millions in a span of two years. The alliance aims to encourage micro-entrepreneurship, by providing drivers Mahindra automobiles at discounted prices, with zero down payment and subsidized insurance premiums, as according to the initial pact.

The tie up comes after Ola’s partnership with Nissan Motor Co. last November. According to which drivers could lease a Nissan Datsun vehicles at month fixed payments, rates of which were fixed such that they would be able to own the vehicle in a matter of 3years.

This present move of Ola, clearly is to try to ward off Uber’s success which is presently looming large on them.

There have been various similar alliances worldwide in recent times. General Motors invested $500million in Lyft. Inc, Volkswagen invested $300million in Gett, and Toyota Motors invested an undisclosed amount into Uber.

The present competition in the ride hailing industry has brought big market players into defining new contours for the industry. It is interesting to see that India is becoming a major playground for such moves.

A bus burns after demonstrators from the group Black Bloc set fire to it during a protest in Rio de Janeiro | Bonum Lex

River Cauvery sets Karnataka ablaze

 

A 125 years old dispute, has set the state of Karnataka under the strong holds of section 144 of the CrPC. According to recent news, one person has died in police firing and 20 buses were burnt as a protest in Bangalore against the 5th September verdict of the Apex Court. The Apex court had modified its previous order according to which ,a reduced amount of 12000 cusecs were to be released by Karnataka till further order was made on the 20th of September.

The dispute originally dates back to 1892, where an agreement of arbitration was filed between the then Madras Presidency and Mysore. But this agreement led to fresh disputes between the two states (Karnataka and Tamil Nadu). In 1924 another agreement was made. Post independence a fact finding committee was set up and it submitted its report in 1972, with further more studies an agreement was drawn to which Tamil Nadu did not extend its consent. Under the Inter State Water Dispute Acts, 1976 a tribunal was formed in 1990 to take cognizance of this dispute. Both Karnataka and Tamil Nadu filed a review of the final order by this tribunal, which took 16 years of hearing the dispute. As Chairman of the Cauvery River Authority Prime Minister Manmohan Singh ordered Karnataka to release 9000 cusecs of water daily in 2012, which Karnataka failed to comply with.

Post the 5th September judgment sporadic violence and agitation has escalated leading to commotion and application of section 144 of the CrPC which empowers the District Magistrate, sub divisional Magistrate or the Executive Magistrate to pass order in urgent cases of nuisance and of apprehended danger. The Supreme Court judgment gave three days to Tamil Nadu to approach the supervisory committee and also three days were given to Karnataka to respond to Tamil Nadu’s plea.

A 125 years age old dispute, has now taken a form of a violent agitation costing lives, whether in police firing or farmer suicide or the pro Karnataka protesters. Question is whether this dispute will ever see the end of the tunnel?