Speak Asia News Headlines 19 November 2011
Ashok Bahirwani’s Updates
Speak Asia's Hearing And Biz Basket's Legal Research
News
Ashok Bahirwani’s Updates
Good Morning Speak Asians,
Uff!! What a frantic three days it has been. Even without any activity happening, it has sort of been very tiring,
anxiety filled days.
I always keep on telling everybody that people should always keep their minds open and learn from everyday
experiences and I for sure have learnt a lot in these three days, I will share my learning’s below.
First and foremost let me attempt to explain the Hon. Supreme Court’s Order dated 14th November, 2011.
Allow me to quote the opening lines of the Hon. Supreme Court’s order as follows
“We have heard the learned counsel for the parties. In our considered view, it is a fit
case where a serious attempt should be made for an amicable settlement of the dispute between
the parties through the intervention of a learned mediator”.
I draw the collective attention of all the panelists to the above and I infer as follows:
1. The Hon. Supreme Court feels that the SAOL matter is a dispute between the various parties.
2. The parties in the WRIT are:
a) The Panelists
b) Speakasian Online Pte. Ltd
c) Haren Venture publications
d) RBI
e) EOW
f) IT Dept.
3. Please note the Hon. Supreme Court has appointed a mediator and the Hon. Court feels that there is a
need to seriously attempt for an amicable settlement. Important to note here is that the Hon Supreme Court
has not considered this matter to be investigated in any way and simply feels that the dispute needs to be
settled. In my opinion this changes the entire texture of the SAOL matter.
4. The Hon. Supreme Court was pleased to appoint a Hon. Mr. Justice R. C. Lahoti as the mediator in this case and was pleased to direct the parties to appear before the Hon. Mediator on 21st November, 2011.
Please understand friends that this date was fixed by the Supreme Court and is subject to confirmation
of the Hon. Mr. Justice Lahoti ji. As per the latest information the confirmation has not been received
and in all probabilities the first sitting will not be on the 21st November, 2011. I will inform all the panelists
of the date as soon as it is fixed.
The Mumbai High Court PIL of AISPA was heard on 16th November, 2011. The company SAOL informed the Hon. High Court of the Supreme Court order. The learned Bench then asked the counsel for AISPA, why don’t you go before the Hon. Mediator now that the Supreme Court has appointed the mediator in your matter and as such the counsel agreed to withdraw the matter herein below is the order passed by the Mumbai High Court
“Allowed to withdraw at the request of the learned counsel for the petitioners, in view of the order dated 14.11.2011 passed by the Supreme Court in Writ Petition (Civil) No.383 of 2011”.
It is in our collective advantage that the entire matter be heard by a single authority under one jurisdiction and this appointment of the mediator under orders of the Hon. Supreme Court is that single platform which will give us a quick relief.
The Criminal PIL is still pending in the Hon. Mumbai High court and is now listed for hearing on the
23rd November, 2011. The Hon. Mumbai High Court was of the opinion that In view of the Supreme Court
order nothing survives in the matter and this criminal PIL should also be withdrawn. The advocate
wanted to seek instructions from the petitioner and the matter is now adjourned for one week.
I mentioned in my Video update, that I am amazed by the insight of some very cunning people
and admire their vision to sense opportunity to make big money at whatever cost.
The matter has only turned corners with the Supreme Court order and these opportunists have sensed that now the Speakasia juggernaut is all set to take off or rather all set to take a rocket like vertical takeoff and you suddenly see these cunning people come out of hibernation and want to take centre stage.
I have received many phone calls and emails requesting me to let them join the committee. Some people wanted me to look at the possibility of being made an office bearer, I am sure these people want to become the president of AISPA. Gentleman we are very happy with our present President Mr. Melwyn Crasto, who bravely stood up against all odds in support and favour of the panelists when the going was tough. I remember when we were putting together the committee Melvyn and myself must have called up at least 50 leaders in Mumbai and all over the country who refused to expose themselves to the gaze of the authorities and wanted to remain safely in the background.
Since the beginning I have been advised by our counsel Mr. Ahmad Abdi sahib not to give updates or discuss the matter on the phone with panelists, he always used to tell me that people may not understand the actual essence of what you say and may spread misinformation which will cause confusion. His words have come true and I point out to my communication with one Mr. Prerak Singh. What I told him and what he understood and what he has written on the open forum is absolutely misrepresented, I do not wish to give any explanation but simply say that starting with immediate effect, I will not discuss the matter with anybody over the phone. I request the Panelists in general please do not waste your valuable time and money in calling me as I am not going to be discussing the SAOL matter on phone.
Once again I reiterate that this appointment of Hon. Mr. Justice R.C. Lahoti ji is a huge step in our favour this will see that all matters related to Speakasia will be heard and mediated on one single platform and suitably settled and reported to the Hon. Supreme Court for further disposal.
Last but not the least I wish to draw the attention of all the panelists that there is no need to appoint any advocate by anybody in this matter let me explain why:
The payments, whenever they start, either arising out of the EXIT OPTION or normal CASH REQUEST
will be affected directly in the panelist’s bank account by electronic transfer like it was being done earlier.
The Mediation by Hon. Mr. Justice Lahoti ji is for the entire Speakasia matter and not only for a
handful of Panelists. The supreme Court will pass a suitable order as they deem fit after due consideration for the entire 20 lakh panelists and not for a select group of panelists and as such there is no requirement what so ever to engage any advocate or make any individual application to the mediator Hon. Mr. Justice Lahoti ji or to the Supreme Court.
I once again urge the Panelists in general do not get confused by the process. In the final analysis the company will surely come out victorious and soon the entire business activity will normalize and these past six months will be history and we will overcome this and forget it is as a bad nightmare.
“Justice is the constant and perpetual will to allot to every man his due”.
--Domitus Ulpian
Have Faith, Have Patience, Trust Your Company.
Jai Speakasia,
Proud to be Speakasian
Ashok Bahirwani
News Source :- Speak Asia Fraud Or Genuine
Speak Asia's Hearing And Biz Basket's Legal Research
As everyone know that we all Speak Asians are going through a lengthy legal battle which has come to almost on a conclusive point, we thought of publishing our research on the legal cases and judgement pronounced regarding our business across the world. Since Amway is considered as the mother of all Network marketing companies and also which has fought and won most of the legal cases across world, we have taken it as our case study.
In a 1979 ruling,the Federal Trade Commission (USA) found that Amway does not qualify as a pyramid scheme because distributors were not paid to recruit people and had to sell products to get bonus checks, and the company was committed to buying back its distributors' excess inventory.
In May 2007, the UK Department of Trade and Industry (DTI) accused Amway and distributor organizations Britt World Wide and Network TwentyOne UK of "objectionable practices" and petitioned to wind up the companies. The case against Amway was dismissed in 2008 on the condition that a full earnings disclosure is published publicly, no registration or renewal fees are charged and that the sale of business support materials are prohibited.
Back home in India in September 2006, following a public complaint, Andhra Pradesh state police (CID) initiated raids and seizures against Amway distributors in the state, and submitted a petition against them, claiming the company violated the Prize Chits and Money Circulation Schemes (banning) Act. They shut down all offices of firm Amway. The enforcement said that the business model of the company is illegal. The Reserve Bank of India (RBI) had notified the police that Amway in India may be violating certain laws regarding a "money circulation scheme" .
Following a petition by Amway, the state High Court issued an injunction against the CID and stated the Act did not prima facie apply, however after Amway requested the CID petition be dismissed the High Court declared that if police allegations were true, Amway's Indian subsidiary would be in violation of the act and the investigation should continue. On August 14, 2007, the Supreme Court of India ordered the state police to complete the investigation against Amway in 6 months. In 2008, citing the High Court decision, the Andhra Pradesh state government enacted a ban on Amway media advertisements. Amway challenged the ban and in July 2009 the AP High Court refused a petition the ban should be enforced. As of June, 2009 the original 2006 CID case was still pending at the Chief Metropolitan Magistrate Court in Hyderabad.
On August 6, 2011 Kerala Police sealed the offices of Amway at Kozhikode, Kannur, Kochi, Kottayam, Thrissur, Kollam and Thiruvananthapuram following complaints. The Kerala High Court on 9 November directed the DGP, Kerala Police to file a statement regarding the status of the investigation initiated against the multi-level marketing companies. A Division Bench comprising Acting Chief Justice Manjula Chellur and Justice C N Ramachandran Nair issued the directive while considering a petition challenging the government order regarding the Kerala direct selling regulations.
One of the most important fact which you all would have noticed in the article is that the law across the world is against "Payment of money on recruitment of People in chain". In India it is banned by Prize Chits and Money Circulation Schemes (banning) Act, 1978. Now in case of Speak Asia to restart the business, only thing the learned counsel of the company has to prove in the court of law is, SAOL doesn't pay on recruitment of people. In our view this can be proved without doubt in case of SAOL business model because here "referral is Optional and not Compulsory". Further each and every panelist is paid only for his/her work done.
From the order of the honorable supreme court on 14th Nov, 2011(where a mediator has been appointed for an amicable settlement of issue among parties) it looks like the major victory is almost achieved because in the order there is no mention of SAOL being accused of (1) "distributing quick or easy money" or (2) "Making payment for recruiting people". The court has felt that its a genuine business dispute and should be solved peacefully between the parties concerned. In our opinion it looks like SAOL will definitely be able to restart its business very soon.
News Source :- The Bhaskar
Speak Asia News 24x7 Dated :- 19 November 2011
Ashok Bahirwani’s Updates
Speak Asia's Hearing And Biz Basket's Legal Research
News
Ashok Bahirwani’s Updates
Good Morning Speak Asians,
Uff!! What a frantic three days it has been. Even without any activity happening, it has sort of been very tiring,
anxiety filled days.
I always keep on telling everybody that people should always keep their minds open and learn from everyday
experiences and I for sure have learnt a lot in these three days, I will share my learning’s below.
First and foremost let me attempt to explain the Hon. Supreme Court’s Order dated 14th November, 2011.
Allow me to quote the opening lines of the Hon. Supreme Court’s order as follows
“We have heard the learned counsel for the parties. In our considered view, it is a fit
case where a serious attempt should be made for an amicable settlement of the dispute between
the parties through the intervention of a learned mediator”.
I draw the collective attention of all the panelists to the above and I infer as follows:
1. The Hon. Supreme Court feels that the SAOL matter is a dispute between the various parties.
2. The parties in the WRIT are:
a) The Panelists
b) Speakasian Online Pte. Ltd
c) Haren Venture publications
d) RBI
e) EOW
f) IT Dept.
3. Please note the Hon. Supreme Court has appointed a mediator and the Hon. Court feels that there is a
need to seriously attempt for an amicable settlement. Important to note here is that the Hon Supreme Court
has not considered this matter to be investigated in any way and simply feels that the dispute needs to be
settled. In my opinion this changes the entire texture of the SAOL matter.
4. The Hon. Supreme Court was pleased to appoint a Hon. Mr. Justice R. C. Lahoti as the mediator in this case and was pleased to direct the parties to appear before the Hon. Mediator on 21st November, 2011.
Please understand friends that this date was fixed by the Supreme Court and is subject to confirmation
of the Hon. Mr. Justice Lahoti ji. As per the latest information the confirmation has not been received
and in all probabilities the first sitting will not be on the 21st November, 2011. I will inform all the panelists
of the date as soon as it is fixed.
The Mumbai High Court PIL of AISPA was heard on 16th November, 2011. The company SAOL informed the Hon. High Court of the Supreme Court order. The learned Bench then asked the counsel for AISPA, why don’t you go before the Hon. Mediator now that the Supreme Court has appointed the mediator in your matter and as such the counsel agreed to withdraw the matter herein below is the order passed by the Mumbai High Court
“Allowed to withdraw at the request of the learned counsel for the petitioners, in view of the order dated 14.11.2011 passed by the Supreme Court in Writ Petition (Civil) No.383 of 2011”.
It is in our collective advantage that the entire matter be heard by a single authority under one jurisdiction and this appointment of the mediator under orders of the Hon. Supreme Court is that single platform which will give us a quick relief.
The Criminal PIL is still pending in the Hon. Mumbai High court and is now listed for hearing on the
23rd November, 2011. The Hon. Mumbai High Court was of the opinion that In view of the Supreme Court
order nothing survives in the matter and this criminal PIL should also be withdrawn. The advocate
wanted to seek instructions from the petitioner and the matter is now adjourned for one week.
I mentioned in my Video update, that I am amazed by the insight of some very cunning people
and admire their vision to sense opportunity to make big money at whatever cost.
The matter has only turned corners with the Supreme Court order and these opportunists have sensed that now the Speakasia juggernaut is all set to take off or rather all set to take a rocket like vertical takeoff and you suddenly see these cunning people come out of hibernation and want to take centre stage.
I have received many phone calls and emails requesting me to let them join the committee. Some people wanted me to look at the possibility of being made an office bearer, I am sure these people want to become the president of AISPA. Gentleman we are very happy with our present President Mr. Melwyn Crasto, who bravely stood up against all odds in support and favour of the panelists when the going was tough. I remember when we were putting together the committee Melvyn and myself must have called up at least 50 leaders in Mumbai and all over the country who refused to expose themselves to the gaze of the authorities and wanted to remain safely in the background.
Since the beginning I have been advised by our counsel Mr. Ahmad Abdi sahib not to give updates or discuss the matter on the phone with panelists, he always used to tell me that people may not understand the actual essence of what you say and may spread misinformation which will cause confusion. His words have come true and I point out to my communication with one Mr. Prerak Singh. What I told him and what he understood and what he has written on the open forum is absolutely misrepresented, I do not wish to give any explanation but simply say that starting with immediate effect, I will not discuss the matter with anybody over the phone. I request the Panelists in general please do not waste your valuable time and money in calling me as I am not going to be discussing the SAOL matter on phone.
Once again I reiterate that this appointment of Hon. Mr. Justice R.C. Lahoti ji is a huge step in our favour this will see that all matters related to Speakasia will be heard and mediated on one single platform and suitably settled and reported to the Hon. Supreme Court for further disposal.
Last but not the least I wish to draw the attention of all the panelists that there is no need to appoint any advocate by anybody in this matter let me explain why:
The payments, whenever they start, either arising out of the EXIT OPTION or normal CASH REQUEST
will be affected directly in the panelist’s bank account by electronic transfer like it was being done earlier.
The Mediation by Hon. Mr. Justice Lahoti ji is for the entire Speakasia matter and not only for a
handful of Panelists. The supreme Court will pass a suitable order as they deem fit after due consideration for the entire 20 lakh panelists and not for a select group of panelists and as such there is no requirement what so ever to engage any advocate or make any individual application to the mediator Hon. Mr. Justice Lahoti ji or to the Supreme Court.
I once again urge the Panelists in general do not get confused by the process. In the final analysis the company will surely come out victorious and soon the entire business activity will normalize and these past six months will be history and we will overcome this and forget it is as a bad nightmare.
“Justice is the constant and perpetual will to allot to every man his due”.
--Domitus Ulpian
Have Faith, Have Patience, Trust Your Company.
Jai Speakasia,
Proud to be Speakasian
Ashok Bahirwani
News Source :- Speak Asia Fraud Or Genuine
Speak Asia's Hearing And Biz Basket's Legal Research
As everyone know that we all Speak Asians are going through a lengthy legal battle which has come to almost on a conclusive point, we thought of publishing our research on the legal cases and judgement pronounced regarding our business across the world. Since Amway is considered as the mother of all Network marketing companies and also which has fought and won most of the legal cases across world, we have taken it as our case study.
In a 1979 ruling,the Federal Trade Commission (USA) found that Amway does not qualify as a pyramid scheme because distributors were not paid to recruit people and had to sell products to get bonus checks, and the company was committed to buying back its distributors' excess inventory.
In May 2007, the UK Department of Trade and Industry (DTI) accused Amway and distributor organizations Britt World Wide and Network TwentyOne UK of "objectionable practices" and petitioned to wind up the companies. The case against Amway was dismissed in 2008 on the condition that a full earnings disclosure is published publicly, no registration or renewal fees are charged and that the sale of business support materials are prohibited.
Back home in India in September 2006, following a public complaint, Andhra Pradesh state police (CID) initiated raids and seizures against Amway distributors in the state, and submitted a petition against them, claiming the company violated the Prize Chits and Money Circulation Schemes (banning) Act. They shut down all offices of firm Amway. The enforcement said that the business model of the company is illegal. The Reserve Bank of India (RBI) had notified the police that Amway in India may be violating certain laws regarding a "money circulation scheme" .
Following a petition by Amway, the state High Court issued an injunction against the CID and stated the Act did not prima facie apply, however after Amway requested the CID petition be dismissed the High Court declared that if police allegations were true, Amway's Indian subsidiary would be in violation of the act and the investigation should continue. On August 14, 2007, the Supreme Court of India ordered the state police to complete the investigation against Amway in 6 months. In 2008, citing the High Court decision, the Andhra Pradesh state government enacted a ban on Amway media advertisements. Amway challenged the ban and in July 2009 the AP High Court refused a petition the ban should be enforced. As of June, 2009 the original 2006 CID case was still pending at the Chief Metropolitan Magistrate Court in Hyderabad.
On August 6, 2011 Kerala Police sealed the offices of Amway at Kozhikode, Kannur, Kochi, Kottayam, Thrissur, Kollam and Thiruvananthapuram following complaints. The Kerala High Court on 9 November directed the DGP, Kerala Police to file a statement regarding the status of the investigation initiated against the multi-level marketing companies. A Division Bench comprising Acting Chief Justice Manjula Chellur and Justice C N Ramachandran Nair issued the directive while considering a petition challenging the government order regarding the Kerala direct selling regulations.
One of the most important fact which you all would have noticed in the article is that the law across the world is against "Payment of money on recruitment of People in chain". In India it is banned by Prize Chits and Money Circulation Schemes (banning) Act, 1978. Now in case of Speak Asia to restart the business, only thing the learned counsel of the company has to prove in the court of law is, SAOL doesn't pay on recruitment of people. In our view this can be proved without doubt in case of SAOL business model because here "referral is Optional and not Compulsory". Further each and every panelist is paid only for his/her work done.
From the order of the honorable supreme court on 14th Nov, 2011(where a mediator has been appointed for an amicable settlement of issue among parties) it looks like the major victory is almost achieved because in the order there is no mention of SAOL being accused of (1) "distributing quick or easy money" or (2) "Making payment for recruiting people". The court has felt that its a genuine business dispute and should be solved peacefully between the parties concerned. In our opinion it looks like SAOL will definitely be able to restart its business very soon.
News Source :- The Bhaskar
Speak Asia News 24x7 Dated :- 19 November 2011
