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[No.66]
October 30, 2003 |
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Cases
Source:
Westlawinternational.com
Even though Italian and American freight forwarders were the only named
consignor and consignee, respectively, on an air carrier's air waybill for the
transport of a pasta packaging machine from Italy to Pennsylvania, the Warsaw
Convention permitted the shipper to sue the air carrier for damage sustained by
the machine during transport if the shipper had a legal relationship with the
Italian freight forwarder making it the true party in interest. The agency
arrangement that existed between the Italian freight forwarder and the air
carrier created such a situation, in that the shipper, by virtue of the agency
relationship, could sue the air carrier as if it had contracted with the air
carrier directly. Consequently, the shipper's insurer, as subrogee, had standing
to sue the air carrier under the Convention.
Commercial Union Ins. Co. v. Alitalia Airlines, S.p.A.
The United States Supreme Court has denied certiorari in a case in which the
Third Circuit Court of Appeals held that Belgium was not the habitual place of
residence of an infant born in that country, and thus, the return of the infant
from the United States after the removal by the mother was precluded under the
Hague Convention on the Civil Aspects of International Child Abduction. The
mother lived in New York during the early period of her pregnancy and only went
to Belgium at the father's request to avoid the medical costs related to the
child's birth. Furthermore, the mother held only a three-month visa and lived
out of her suitcases while she stayed in Belgium, demonstrating that the parents
did not have shared intentions regarding the infant's residence in Belgium.
The petition for certiorari stated that the Third Circuit created a
"neonate exception" to the habitual residence requirement of the Hague
Convention where none was meant to exist. The petition further stated that the
Third Circuit's reliance on the mother's future intentions as to where she might
live squarely conflicted with the inquiry that has been espoused by other Courts
of Appeals that one must look back in time to before the removal and not
forward.
Delvoye v. Lee
The United States Supreme Court has denied certiorari from a Ninth Circuit
decision that a defendant's statement, made during a custodial interrogation in
which he had been read his Miranda rights, that "I think I would like to
talk to a lawyer," did not constitute an unambiguous and unequivocal
request for counsel, so as to preclude further questioning without an attorney
present. Nor did his subsequent question to a police detective during the
interrogation, "should I be telling you, or should I talk to an
attorney?" constitute an unambiguous and unequivocal request. The defendant
failed to articulate his desire to have counsel present sufficiently clearly
that a reasonable police officer would have understood the statement to be a
request for counsel. A reasonable police officer in that situation might or
might not have understood the defendant to be asking for a lawyer, and the
likelihood that a suspect would wish counsel to be present was simply not the
proper test. If a questioning officer is reasonably unsure as to whether or not
the suspect wants a lawyer, then to require the cessation of questioning would
transform the Miranda safeguards into irrational obstacles to legitimate police
investigative activity, the Court of Appeals concluded.
The Ninth Circuit further concluded that the duration and conditions of the
detention were not coercive so as to render the defendant's confession to his
step-mother's murder involuntary. He was detained and intermittently questioned
in a small interview room for approximately eight hours. He never asked for food
or water or to use a drinking fountain or toilet facilities. He was read his
rights three separate times, and each time responded that he understood those
rights. A police detective did not make an implied promise of favorable
treatment when, 20 minutes after the defendant indicated he wanted to continue
talking, the defendant asked the detective whether he should talk to the
detective or to an attorney. In response, the detective, using his hands to
illustrate the scales of justice, expressed his opinion that a judge and jury
would weigh fear of punishment against remorse, and that remorse would outweigh
the fear of punishment.
Clark v. Murphy
Denying certiorari, the United States Supreme Court let stand a decision of the
Iowa Supreme Court that the Establishment Clause of the First Amendment did not
bar a defamation action asserted by a church member against a church and church
officials in connection with a letter that used the phrase "spirit of
Satan" to refer to the member. The letter was signed by the officials and
disseminated not only to other church members but also to other members of the
community. The Iowa Supreme Court concluded, based in part upon dictionary
definitions, that the phrase "spirit of Satan" had a secular as well
as sectarian meaning. Therefore, a fact finder could determine whether the
church member was defamed without resorting to theological reflection.
The petition for certiorari said that the states are in great conflict over the
church autonomy doctrine, and that the Iowa Supreme Court's decision was in
conflict with the decisions of many other state courts. Some states choose never
to exercise jurisdiction over issues that are not purely secular, while others
are willing to decide not only ecclesiastical disputes, but also to interpret
and apply church doctrine and laws in the process. The United States Supreme
Court has not addressed the church autonomy issue under the First Amendment in
over 24 years, the petition stated.
Iowa Conference of United Methodist
Church v. Kliebenstein
News
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Handbag maker Louis Vuitton SA, a French
company is suing Google and its French subsidiary for trademark infringement in
the light of a landmark ruling passed by a Paris court. Viaticum and Luteciel
had sued Google's French subsidiary for trademark violation and together won
euro75,000 (US$89,000) in damages in a court ruling earlier this month. The
court in its 20 page ruling, questioned the legality of the search system
and said Google should "find the means to block advertisements by third
parties who have no right to these trademarks." This ruling could force the
popular Internet search engine to change the way it sells advertising.
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BizProLink LLC, successor to the Fort
Lauderdale, Fla., tech firm BizProLink.com has filed a federal fraud suit
against the former AOL Time Warner stating that the New York-based media giant
drove the dot-com out of business and cheated it out of millions of dollars. In
a 23 page complaint BizProLink alleges it spent two years and $10 million
developing valuable content and technology for America Online Inc. under the
terms of an "integration agreement" with the former AOL Time Warner.
But instead of getting paid millions of dollars in anticipated development and
license fees, BizProLink said it got the shaft.
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In Lebanon, Ohio a man was accused of dragging
his girlfriend by hair and forcing her to marry him. Gregory Hogg, 41 apparently
believed that a law that spouses cannot be forced to testify against each other
would prevent Cheryl Skaggs from taking a stand against him. But Skaggs, 43, can
still testify if she wants to. Hogg has been accused of threatening two
employees of a bar after he was ejected for disorderly behavior.
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A man guilty of cyberstalking was
sentenced to 2 1/2 years of mental health probation by district judge in America.
Tonny Horne, 32, of South Bend, Ind had been sending obscene e-mails and letters
to Tamron Hall, a morning news anchor with Fox affiliate WFLD-TV, whom he believed
was speaking directly to him during newscasts.
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Department of Company Affairs
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Notification No. GSR829(E) Dated 21.10.2003 : G.S.R. 829(E) : Central Government has directed that clause (g) of sub-section (1) of Section 274 of the said Act shall not apply to a Government company, a copy of this notification having been laid in draft before both Houses of Parliament as required by sub-section (2) of Section 620 of the said Act.
Notification No. S.O. 1200(E) Dated 14.10.2003 : Shri Dipak Chatterji has been appointed as the Chairperson of the Competition Commission of India for a period of five years from the date on which he enters upon his office or till he attains the age of sixty-seven years, whichever is earlier.
Notification No. S.O. 1199(E) Dated 14.10.2003 : Shri Vinod K. Dhall has been appointed as Member of the Competition Commission of India for a period of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier.
Notification No. S.O. 1198(E) Dated 14.10.2003 : Central Government has established Competition Commission of India, having its office in New Delhi, with effect from 14th October, 2003.
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Department of Revenue
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In
supercession of earlier Instructions on the Procedure for Selection of Cases for "Scrutiny" for Non-Corporate Assessees, the
criteria and procedure for the same during the current financial year 2003-04
has been prescribed again wherein different categories of cases have been mentioned which will fall either under compulsory scrutiny or under random scrutiny.
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CBDT
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Order No. 174/2003 Dated 23.10.2003 : In partial modification of Office Order No. 147/2003 dated 29/08/03, some transfers and postings of Officers in the grade of Addl. / Joint Commissioner of Customs and Central Excise and Deputy/ Asstt. Commissioner of Customs and Central Excise have been ordered with immediate
effect. The posting/transfer orders issued vide Office Order No.147/2003 dated 29/08/03 in respect of Ms.Manpreet Arya, DCCE, Gurgaon, Sh. K.Balakrishan Raju, ACCE, Mysore, Shri K.P.Singh, DCCE, Aurangabad and Shri Sugrive Meena, DCCE, Delhi have been cancelled.
Notification No. 246/2003 Dated 17.10.2003 : Rule 11DD relating to Specified diseases and ailments for the purposes of deduction under section 8ODDB has been substituted. In the appendix II, for the Form 10-I, the new Form 10-I has been substituted.
Notification No. 245/2003 Dated 17.10.2003 : "Goods Transport Labour Board, Mumbai"
has been Notified u/s 10(23C)(iv)
Order Dated 20.10.2003 : Central Board of Direct Taxes, has ordered that the due date of filing of tax audit report, u/s 44AB of the Income Tax Act, 1961, is extended till 30.11.2003
In continuation of the order u/s 119(2)(a) dated 16.10.2003, it has been clarified further that the date for filing of returns in the case of partners, of firms required to file audit report u/s 44AB, also extended to 30.11.2003.
Order Dated 16.10.2003 : Central Board of Direct Taxes, has ordered that the due date of filing of return of income in case of all corporate assessees and those assessees whose accounts are required to be audited under section 44 AB of the Income Tax Act, 1961 is extended till 30.11.2003
Order No. 165/2003 and 166/2003 Dated 13.10.2003 : Postings
and transfers in the grade of Chief Commissioners and commissioners of Income
Tax as specified have been ordered with immediate effect and until further
orders
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CBEC Excise Tariff
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Circular No. 757/73/2003-CX Dated 22.10.2003 : Having regard to Notifications No.49/2003-CE and No.50/2003-CE, both dated 10.06.2003 vide which, inter alia, the goods manufactured by new industrial units which have commenced production on or after the 7th January, 2003 or by existing industrial units which have undertaken substantial expansion by way of increase in installed capacity as per the provisions contained in said notifications and set up in the State of Himachal Pradesh and Uttaranchal have been exempted from payment of excise
duty, it is, clarified that the new industrial units set up in Himachal Pradesh and Uttaranchal on or after 7th January, 2003 or the existing units undertaking substantial expansion of the installed capacity in these areas and seeking to claim exemption from payment of excise duty by availing the benefits of the Notifications No. 49/2003-CE and No. 50/2003-CE, both dated 10th June, 2003 may avail the benefit under notification No. 36/2001-CE (N.T.) dated 26.06.2001 as amended.
Notification No. 74/2003 Dated 20.10.2003 : In the notification, in the Table, against S. No. 32A, for the entry in column (4), the entry
"Nil" has been substituted.
Circular No. 756/72/2003-CX Dated 16.10.2003 : West
Zonal Bench of the Tribunal, vide their
Order No. CII/2336-2350/WZB/2003 dated 26.09.2003, in the case of M/s Themis
Pharmaceuticals & Ors. vs. CCE. Mumbai & Anr. has held that the Tribunal
has no power to grant extension of stay beyond 180 days after enactment of the
Finance Act, 2002, but that Tribunal's power to waive pre-deposit during the
pendency of appeal remains unaltered since no amendment has been made to Section
35F. All the Commissioners have been advised accordingly that as such
orders of the Tribunal are only interim orders, individual cases may be examined
on merits and wherever considered necessary, proposals for filing SLPs before
the Hon'ble Supreme Court may be sent
to the Board office.
Notification No. 73/2003 Dated 14.10.2003 : Amendments have been made in the following notifications:-
(1) In the notification, 58/2003-CENTRAL EXCISE, dated the 22nd July, 2003 (G.S.R 575(E), dated the 22nd July, 2003 , in paragraph 2, for the figures, letters and words
³15th day of October, 2003², the figures, letters and words ³1st day of December, 2003² have been substituted.
(2) In the notification, 59/2003-CENTRAL EXCISE, dated the 22nd July, 2003 (G.S.R 576(E), dated the 22nd July, 2003), in paragraph 2, for the figures, letters and words
³15th day of October, 2003, the figures, letters and words ³1st day of December, 2003² have been substituted.
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CBEC Excise non Tariff
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Corrigendum Dated 15.10.2003 : In the notification at pages 3 to 4
at 4, in line 3, for 'for sub-rule (3), the following sub-rule', read -
'in sub-rule (3), for the brackets, figures, words and letters beginning with
"(3) The CENVAT credit" and ending with the words "removed as such", the following'
Notification No. 78/2003 NT Dated 14.10.2003 : In the notification, for the figures, letters and words 15th day of October, 2003, the figures, letters and words 1st day of December, 2003 has been substituted.
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CBEC Customs Tariff
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Notification No. 160/2003 Dated 24.10.2003 : In the notification, in the Annexure, in List 3, after item (101), the following items have been inserted, namely:-
"(102) Capecitabine
(103) Daclizumab
(104) Ganciclovir"
Notification No. 159/2003 Dated 24.10.2003 : Anti Dumping Duty has been Imposed On Vitamin C From China RP and Japan
Notification No. 158/2003 Dated 22.10.2003 : In the said notification, after paragraph two, the following paragraph has been inserted, namely:-
" 3. This notification shall remain in force upto and inclusive of the 16th day of November, 2004, unless the notification is
revoked earlier.".
Notification No. 157/2003 Dated 20.10.2003 Anti Dumping Duty has been Imposed On Methylene Chloride From European Union, South Africa and Singapore
Notification No. 156/2003 Dated 20.10.2003 In the notification:-
(i) for the third proviso, the following proviso has been substituted, namely:-
"Provided also that nothing contained in this notification shall apply in respect of the goods specified under serial No. 46C of the said Table on or after the 1st day of January, 2004.";
(ii) in the Table:-
(a) S. No.46A, the entries in columns (2) to (4) have been omitted;
(b) after S.No. 46B and the entries relating thereto, the new entry numbered as 8528 has been inserted at S.No.46C
Notification No. 155/2003 Dated 20.10.2003 : In the notification:-
(i) in the opening paragraph, in the proviso, for clause (c), the following clause has been substituted, namely:-
" (c) the goods specified against serial No. 316C of the said Table on or after the 1st day of January, 2004.";
(ii) in the Table,-
(a) S.No. 316A and the entries in columns (2) to (6) has been omitted;
(b) after S. No. 316B and the entries relating thereto, a new entry at S.No. 316C has been inserted regarding Integrated Receiver Decoder, also known as Set-top Box
Notification No. 154/2003 Dated 20.10.2003 : In the notification, in the Table, after S. No. 72 and the entries relating thereto, the new S. No. 72A and entries relating thereto has been inserted.
Circular No. 92/2003 Dated 17.10.2003 : It has been brought into notice of Commissioner of Customs, Trichy the cases of fraudulent exports of cotton knitted garments where the exporters indulged in over-invoicing of goods to avail of higher unintended duty drawback benefits by adopting a modus operandi. Under this modus oprendi some dubious companies were floated in the names of some economically poor and illetrate persons and the shipping bill were filed in their names. The fraudsters obtained I.E. Code, got PAN No. and opened bank accounts in the name of front persons. They arranged purchase orders/contract for the exports of garments at exorbitant value and the exports were always made to non-quota countries like Singapore, Dubai and African countries. The purchase orders were cryptic and vague and did not contain size, specifications, technical characteristics and other details. They only mentioned the rate per piece and the quantity. The unscrupulous elements procured readymade banians of inferior quality from the market and declared the f.o.b. value almost 15 to 20 times the present market value of the garments.
All the field formations have been directed to be alert and vigilant to ensure that unscrupulous elements do not avail of higher unintended duty drawback by resorting to the above mentioned modus operandi
Circular No. 91/2003 Dated 14.10.2003 : It has been expressed that the Board's Circular No.16/2003, dated 17.03.2003 needs a review since it mandated the issue of a speaking order under Rule 10A of CVR, 1988, in "all cases" where enhancement of value was resorted to.
It has been clarified that Circular No.16/2003, dated 17th March 2003, was issued in the context of representations from the trade that in some cases, officers had arbitrarily enhanced the values without assigning any reasons and that no speaking orders were being issued inspite of requests by the importers. Such a situation, it was felt, was not desirable. Rule 10A of CVR,1988 empowers the department to question the truth or accuracy of the declared values so that the proper officer may ask for further information/documents. At the request of the importer, the proper officer is required to intimate in writing, the grounds for doubting the truth or accuracy of the declared value and provide a reasonable opportunity of being heard, before taking a final decision. However, it is not necessary to issue speaking orders in all such cases where enhancement of value has been resorted to with the consent of the importer.
Care would have to be taken to obtain the consent of the importers in writing so that subsequently, they may not allege arbitrary enhancement.
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CBEC Customs Non Tariff
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Notification No. 88/2003-N.T. Dated 17.10.2003 : In the notification, for the Table, the New Table has been substituted
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Service Tax
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Circular No. 63/12/2003 Dated 14.10.2003 : Having regard to the last date of payment of Service Tax and for filing the Service Tax return in case the 25th of the month in which the Service Tax is to be paid or return filed happens to be public
holiday, it has been clarified that assessee may pay the service tax in Government account on next working day immediately following the holiday. Same thing applies with regard to the filing of return.
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Department of Economic Affairs
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Notification No. GSR821(E) Dated 16.10.2003 : . In the Kisan Vikas Patra Rules, 1988, -(i) in rule 12 A:-
(1) in sub-rule (1), for the letters and figures "Rs. 60,000", the words "one lakh rupees" has been substituted;
(2) in sub-rule (2), for the Table, a new Table has been substituted
(ii) after rule (13), the rule 13A regarding Post Maturity Interest has been inserted
Notification No. GSR820(E) Dated 16.10.2003 : In the National Savings Certificates (VIII Issue) Rules, 1989 :-
(i) after rule (15), the rule 15A
relating to Post-maturity interest has been inserted, namely:-
(ii) in rule 20,-
(1) in sub-rule (1), for the letters and figures "Rs. 60,000", the words "one lakh rupees" has been substituted;
(2) in sub-rule (2), for the Table, new Table has been substituted
Notification No. GSR819(E) Dated 16.10.2003 : In the Post Office (Monthly Income Account) Rules, 1987, after rule 9, the
rule 9A relating to Post-maturity
interest has been inserted, namely:-
Notification No. GSR818(E) Dated 16.10.2003 : In the Post Office Savings Bank General Rules, 1981, in rule 13, in sub-rule 4:-
(1) in clauses (a) and (b), for the words "sixty thousand rupees" the words " one lakh rupees" has been substituted;
(2) in clause (b), for the Table, a new Table has been substituted
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RBI
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Circular No. A.P.(DIR Series) Circular No. 31 Dated 24.10.2003 : The Authorised Dealers have been advised to issue letters of credit for import of gold under the Nominated Agency Scheme, only on behalf of the nominated agency themselves and not on behalf of any other entity, even if, a letter of authority issued by the nominated agency is furnished by these entities.
It is also advised that the instructions contained in the circular referred to above are also applicable in respect of import of silver and platinum under the Nominated Agency Scheme.
Circular No. A.P.(DIR Series) Circular No. 30 Dated 21.10.2003 : Having regard to the facility under which the manufacturer exporters/merchant exporters/traders of certain products and having export contracts of Rs.100 crore and above in value terms in one year, have been allowed a period upto 365 days from the date of shipment for realisation and repatriation of full value of the export of products specified therein , it has been decided to extend this facility for realisation of export proceeds upto 365 days from the date of shipment, for a further period of one year i.e. for shipment made upto September 30, 2004 of the products specified.
Circular No. A.P.(DIR Series) Circular No.29 Dated 18.10.2003 : It has been decided that the units in SEZs can raise the ECBs, in compliance with the Government of India guidelines and the Press Release, F.No.4(2)/2002-ECB dated September 15, 2002, subject to the conditions :
a) Units in SEZ can raise ECBs for its own requirement, and
b) It can not transfer or on-lend any borrowed funds to its sister concern or any other unit in Domestic Tariff Area (DTA).
Circular No. A.P.(DIR Series) Circular No. 28 Dated 17.10.2003 : It has been decided to permit persons resident outside India having Foreign Direct Investments in India to enter into forward contracts with Authorised Dealers with rupee as one of the currencies to hedge the currency risk on dividend receivable by them on their investments in Indian companies. The forward cover can be taken only after the rate of dividend has been approved by the Board of Directors of the concerned company
Notification No. DBOD. BP. 711/21.04.141/2002-03 Dated 27.10.2003 : With a view to contain the risks arising out of non-SLR investment portfolio of banks, in particular through private placement, the draft guidelines proposed to be issued by the Reserve Bank have been issued, for the feedback, on banks' investment in non-SLR debt securities which, inter alia,
cover the following:
(i) the need for strengthening the internal rating systems,
(ii) fixing prudential limits,
(iii) review by the Board, and
(iv) disclosures in 'Notes on Accounts' to the balance sheet
Notification No. DBOD. No. Dir. BC. 39/13.03.00/2003-04 Dated 21.10.2003 : It has now been decided to withdraw the restrictions that banks should not charge rates below PLR, regardless of size of the loans. Banks are now free to determine rates of interest on such advances without reference to PLR and regardless of the size of loan. Banks should, however, have transparent and objective policy approved by their Boards in this regard
Notification No. DBOD. No. Dir. BC. 38/13.03.00/2003-04 Dated 21.10.2003 : Annexure I of the Master Circular DBOD. No. Dir. BC. 10/ 13.03.00/2003-04 dated August 14, 2003 with regard to "Interest Rate Structure for all rupee advances
including Terms Loans of commercial banks" has been substituted with immediate effect with the revised Annexure I.
Notification No. DBOD. No. Dir. BC. 37/21.04.018/2003-04 Dated 20.10.2003 : It is clarified that netting off at the branches, transfer of entries to Head Office, netting off at the Head Office and writing off / transfer at the Head Office should be subjected to a 100 percent audit by at least two of the following audits viz. concurrent audit, internal audit and statutory audit.
Notification No. DBOD. No. Dir. BC. 36/13.01.09/2003-04 Dated 18.10.2003 : It has been decided that, until further notice, the interest rates on fresh repatriable Non Resident (External) Rupee (NRE) Deposits for one to three years contracted effective close of business in India on October 18, 2003 should not exceed 25 basis points (as against 250 basis points announced on July 17, 2003 and 100 basis points on September 15, 2003) above the LIBOR / SWAP rates for US dollar of corresponding maturity. The maturity period of repatriable NRE deposits would continue to be one to three years and the interest rates as determined above for three year deposits would also be applicable in case the maturity period exceeds three years. The changes in interest rates will also apply to repatriable NRE deposits renewed after their present maturity period. The LIBOR / SWAP rates as on the last working day of the preceding month would form the base for fixing ceiling rates for the interest rates that would be offered effective from the following month.
Notification No. DBOD. No. Dir. BC. 35/13.01.09/ 2003-04 Dated 18.10.2003 : It has been directed that, until further notice, the interest rates on fresh repatriable NRE deposits for one to three years contracted effective close of business in India on October 18, 2003 should not exceed 25 basis points (as against 250 basis points announced on July 17, 2003 and 100 basis points on September 15, 2003) above the LIBOR/SWAP rates for US dollar of corresponding maturity. The LIBOR/SWAP rates as on the last working day of the preceding month would form the base for fixing ceiling rates for the interest rates that would be offered effective from the following month.
Notification No. IDMD. 1514 /08.02.31.01/2003-04 Dated 14.10.2003 : The sale (re-issue) of "5.69 percent Government Stock 2018" for a notified amount of Rs.5,000 crore (nominal) through a price based auction using multiple price auction method have been offered by Government of India . The auction has been conducted by Reserve Bank of India at Mumbai on October 21, 2003. The salient features of the auction and the terms and conditions governing the issue of the Stocks are given in the Notification which should be read along with the General Notification F.No.4 (9)-W&M/2000 issued by Government of India on May 6, 2002.
Notification No. RPCD.PLNFS.BC.29/06.06.22/2003-04 Dated 26.09.2003 : It has been decided to introduce a new Credit facility for Fishermen, Rickshaw Owners, Self employed persons etc. A Model Scheme has since been prepared by NABARD and approved by Ministry of Finance, under the nomenclature "Swarojgar Credit Card (SCC) Scheme". The monthly progress report under the Swarojgar Credit Card (SCC) Scheme has to be reported to NABARD.
Press Release No. 2003-2004/533 Dated 21.10.2003 : It has been decided by the Reserve Bank of India to offer from its investment portfolio the following security for sale on Auction basis on October 27, 2003.
"5.69% GOI 2018 to be sold on auction basis for up to Rs 1000 crore"
The auction was conducted on multiple price basis. Minimum bid amount was Rs. One crore (face Value) and multiples of Rs. one crore thereafter.
Press Release No. 2003-2004/527 Dated 20.10.2003 : The Reserve Bank of India has set the cut-off rate for underwriting bids by Primary Dealers for the auction of the "5.69% Government Stock, 2018" to be held on October 21, 2003 at Re.0.01 (1 paisa) per Rupees 100.
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DGFT
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Notification No. 21/(RE 2003)/2002-2007 Dated 28.10.2003 : The following note has been added at the end of Appendix III to Schedule I (IMPORTS) of ITC (HS) Classifications of Export and Import items:
"Note 2 : Consequent to the withdrawal of Public Notice No. SC(C)-2(44)/63-II dated 4th January 1965 and Public Notice No. SC (I)-2(44)/63-IV dated 26th March 1971 vide Public Notice No. 1/2003-04 dated 28th October 2003 issued by the Ministry of Steel, the items listed at Serial No 77 to 109 shall stand deleted."
Public Notice No. 30/2002-07 Dated 23.10.2003 : The DGFT has notified the amendments, in Public Notice No. 9/2002-07 dated 30.04.2002 and Public Notice No. 12/2002-07 dated 6.6.2003 prescribing the procedure for import of certain items under the Indo-Nepal Treaty of Trade signed on 2.3.2002, which are:-
1.Para 2 in Public Notice No 9/2002-07 dated 30.4.2002 shall stand deleted.
2. State Trading Corporation (STC) shall be the sole agency to make imports of vegetable fats (Vanaspati) upto the indicated quantity on annual quota basis. Other conditions of the Public Notice No. 9/2002-07 dated 30.04.2002 remain unchanged.
Public Notice No. 29 (RE- 03)/ 2002-2007 Dated 17.10.2003 : The DGFT, in exercise of powers conferred on him under paragraph 2.4 of the Export and Import Policy 2002-2007 as amended, has notified that in partial modification of Public Notice No. 36 dated 17.9.02 and with effect from the date of its issue, the accountability of imported garlic in the under mentioned garlic export products has to be governed by the conditions indicated against each:-
a) Dehydrated/dry garlic (range 7.2% to 8.8% Moisture)- Recovery 33.5%
b) Dehydrated/dry garlic (range 5.9 % to 7.1% Moisture)- Recovery 32.5%
c) Garlic flakes and powder (range 5.2% to 6.3% Moisture) Recovery 30%
For other garlic products or where exporters face difficulties ALC has to decide accountability.
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Department of Commerce
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Notification No. 14/19/2003-DGAD Dated 20.10.2003 : Anti-dumping Investigations have been initiated Concerning Import of Toluene Di-Isocyanate from Chinese Taipei (Taiwan), EU, Japan, Korea RP and U.S.A.
Notification No. 14/41/2002-DGAD Dated 14.10.2003 : Anti-Dumping Investigation Concerning Imports of Metallurgical Coke Originating in or Imported from Japan -- Preliminary Findings
Notification No. 14/12/2002-DGAD Dated 14.10.2003 : Anti-Dumping Investigations Concerning Imports of 'X-ray Baggage Inspection Multi Energy System' (XBIS) from the European Union -Final Findings
Notification No. 15/6/2003-DGAD Dated 08.10.2003 : Initiation of Sunset Review Regarding Anti-dumping Duty Imposed on Polytetrafluoroethylene (PTFE) Originating in or Exported from Russia
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Department of Legal Affairs
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Notification No. SO1232(E) Dated 24.10.2003 : Rule 90 of Conduct of Elections Rules, 1961 has been amended by substitution of the new table
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Ministry of Home Affairs
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Notification No. GSR828(E) Dated 20.10.2003 : In the Registration of Foreigners Rules, 1992, for the existing Form D and the entries relating thereto, A NEW Form D and entries has been substituted
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Ministry of Health
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Notification No. GSR832(E) Dated 21.10.2003 : In the Prevention of Food Adulteration Rules, 1955 :-
(i) in rule 13, in sub-rule (1), in the proviso, the words "above the age of eight years", has been omitted.
(ii) for rule 51, the following rule has been substituted, namely:-
"51 Duration of Licences: - A licence shall, unless sooner suspended or cancelled, be in force for a period of five years or for such period as the State Government may prescribe:
Provided that the licensee shall make an application for renewal of licence at least three months before the expiry of the period of validity of the licence and the licensing authority shall pass orders on the application before the expiry period of validity of the licence in force.
(iii) in appendix 'A', after FORM VIII, a new FORM has been inserted namely "FORM-IX".
Notification No. GSR831(E) Dated 21.10.2003 : In the Prevention of Food Adulteration Rules, 1955, in rule 42:-
(i) In sub-rule (ZZZ)(14), after the declaration, PACKAGED DRINKING WATER the following declaration has been inserted, -
"One time usable plastic bottles of packaged drinking water shall carry the following declaration
"CRUSH THE BOTTLE AFTER USE"
(ii) In sub-rule (ZZZ)(15), after the declaration NATURAL MINERAL WATER the following declaration has been inserted, -
"One time usable plastic bottles of mineral water shall carry the following declaration
"CRUSH THE BOTTLE AFTER USE"
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Ministry of Labour
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Notification No. SO1205(E) Dated 14.10.2003 : In exercise of the powers conferred by Section 41(1) of the Emigration Act, 1983 the Central Government on being satisfied, that having regard to method of recruitment and conditions of employment and standard conditions of living and working being provided to emigrants in South Korea, South Africa, Singapore and Thailand it is expedient in the public interest so to do, has exempted every citizen of India going to South Korea, South Africa, Singapore and Thailand from the operation of Section 22 of that Act.
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Press Information Bureau
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Dated 28.10.2003 : The Union Finance Minister, Sh. Jaswant Singh has approved 23 proposals recommended by the Foreign Investment Promotion Board (FIPB) in its meeting held on October 17, 2003. The approvals amount to Rs. 492.00 crore. The major investment proposals pertain to the sectors of Chemicals & petro-chemicals, Mines, Petroleum & Natural gas, Information & Broadcasting and Cash and carry whole sale trading.
Dated 28.10.2003 : With a view to overcome the seriousness of continuing pollution of rivers and other water bodies, the Ministry of Environment and Forests has decided to bring new projects relating to construction of new townships, industrial townships, settlement colonies, commercial complexes, hotel complexes, hospitals, office complexes for 1000 persons or above or discharging sewage of 50, 000 litres per day and above or with an investment of Rs. 50 crores and above and new industrial estates having an area of 50 hectares and above under the purview of Environment Impact Assessment (EIA). Industrial estates having high pollution potential will also be brought under EIA irrespective of area
Dated 21.10.2003 : The Government has notified the Constitution of the National Commission for Persons with Disabilities. The Nine-member Commission would include the Chairperson, two full time Members and five Associate Members. They shall be persons of eminence and involved in the rehabilitation and advocacy for the rights of the persons with disabilities.
Dated 20.10.2003 : The due date of filing of tax audit report u/s 44AB of the Income tax Act, 1961, has been extended till 30.11.2003.
In continuation of the order u/s 119(2)(a) dated 16.10.2003, it is further clarified that the date for filing of returns in the case of partners, of firms required to file audit report u/s 44AB, has also been extended to 30.11.2003.
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Supreme Court |
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Before the Hon'ble Supreme Court, Appeals have been filed against the correctness of the decision of Allahabad High Court, challenging the levy of denaturation fee under Rule 3(a) of the U.P. Licences for the Possession of Denatured Spirit and Specially Denatured Spirit Rules, 1976 on the ground, that the State legislature did not have the legislative competence to legislate on denatured spirit and that the Notification dated 13.01.1990 whereby licence fee of 15 paise per litre was sought to be imposed on the quantity of specially denatured spirit was in the nature of tax and in any event excessive.
The Apex Court upholding the Law as decided in
Synthetics Case stated that the State's power to levy excise duty was limited by Entry 51 to tax on alcoholic liquors for human consumption. Section 2 of the Industries (Development and Regulation) Act, 1951 as well as Serial No. 26 of the First Schedule to that Act covered the whole field on industrial alcohol and its products. Therefore since the coming into force of the IDR Act on 8th May 1952 the State Legislatures are constitutionally incompetent to levy any tax on industrial alcohol. With above views Apex Court excluded the State from levying tax on industrial alcohol whether or not it has the potential to be used as alcoholic liquor.
However nonetheless Apex Court was of the view that the State Government is competent to levy fee for the purpose of ensuring that industrial alcohol is not surreptitiously converted into potable alcohol so that the State is deprived of revenue on the sale of such potable alcohol and the public is protected from consuming such illicit liquor. But this power stops with the denaturation of the industrial alcohol. Assuming that denatured spirit may by whatever process be renatured and then converted into potable liquor this would not give the State the power to regulate it. - Appeal dismissed.
While the murderer destroys the physical frame of his victim, a rapist degrades and defiles the soul of a helpless female. In a landmark judgment Hon'ble Supreme Court has held that a person accused of raping a mentally challenged woman cannot escape the punishment on the plea that he had the consent of the victim for the sexual act.
Apex Court expressed that a mentally challenged girl cannot legally give a consent, which would necessarily involve understanding of the effect of such consent. While distinguishing between consent and submission the apex court stated that there is gulf of difference between consent and submission. Every consent involves a submission but the converse does not follow, and mere act of submission does not involve consent. An act of helpless resignation in the face of inevitable compulsion, quiescence, non-resistance or passive giving in when the faculty is either clouded by fear or vitiated by duress or impaired due to mental retardation or deficiency cannot be considered to be consent as understood in law. For constituting consent, there must be exercise of intelligence based on the knowledge of the significance and the moral effect of the act. A girl, whose mental faculties are undeveloped, cannot be said in law, to have suffered sexual intercourses with consent. While emphasizing on the graveness of the offence the Hon'ble Court said that it is more serious than the enumerated categories indicated in Sub-section (2) of Section 376 and the legislature would do well in prescribing higher minimum sentence in a case of this nature.
Further the Hon'ble Court was of the opinion that delay in lodging first information report cannot be used as a ritualistic formula for discarding prosecution case and doubting its authenticity. It only puts the court on guard to search for and consider if any explanation has been offered for the delay. Once it is offered, the Court is to only see whether it is satisfactory or not. - Appeal Dismissed.
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