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[No.77]
February 20, 2004 |
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International Legal News
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Cases
Source:
Westlawinternational.com
The National Football League's
(NFL) rule limiting eligibility for its entry draft to players who were three
full college football seasons removed from their high shool graduation was an
unreasonable restraint on trade, in violation of the Sherman Act. The rule
constituted a "group boycott" that restrained trade in the relevant
market by denying entry to certain sellers. Moreover, the NFL offered no
legitimate procompetitive justification for the rule.
Clarett v. National Football
League
The Federal Trade Commission
and Federal Communications Commission regulations prohibiting most commercial
telemarketers from calling numbers on the national "do-not-call"
registry did not violate the First Amendment. The regulations were enacted to
protect the privacy of individuals in their homes and to protect consumers
against the risk of fraudulent solicitation. The registry's opt-in character
ensured that it did not inhibit any speech directed at the home of a willing
listener.
Mainstream Marketing
Services, Inc. v. F.T.C.
The off-campus conduct of a
high school teacher related to his fitness as a teacher, and therefore
discipline by the Board of Education was properly imposed against him. The
teacher participated in five separate incidents involving verbal or physical
altercation, one of which involved threatening children, and two of which
involved young adults about the age of high school seniors, thus establishing a
tendency to react with violence and aggression. The fact that the incidents did
not occur on school premises did not negate the gravity of the teacher's
behavior.
Winters v. Arizona Bd. of Educ.
A United States District Court
ruled that Georgia's legislative reapportionment plans for its House and Senate
violated one person, one vote principles. The plans deviated from population
equality by a total of 9.98%, and that deviation could not be excused because
the plans were also tainted by arbitrariness and discrimination, since they
intentionally and systematically under populated certain districts so as to give
certain regions extra political power, and also under populated the districts
held by incumbents of the Democratic party, while pitting incumbents of the
Republican party against each other.
Larios v. Cox
News
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Ex-Enron CEO Jeffrey Skilling has been charged with the offences of fraud and insider trading making him the highest ranking former executive charged in the collapse of the once-mighty energy company. Skilling has 36 charges levelled against him along with new charges against Richard Causey, Enron's former chief accounting officer. The substance of the charges says that both Skilling and Causey from 1999 to 2001 used various devices and schemes to manipulate Enron's financial results.
U.S. Magistrate Frances H. Stacy set bail at $5 million and his passport has been revoked. His travel also has been confined to the continental United States. It is expected that if convicted on all charges he could face the rest of his life in prison and a maximum of $80 million in fines.
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More that 2,800 gay and lesbian couples who wed in San Francisco have been put in the legal limbo in view of looming court battles to stop same-sex marriage.
Questions have been raised about the validity of the marriage licenses, which were issued in defiance of California law, and two lawsuits are pending in San Francisco County Superior Court to stop the gay and lesbian marriages and declare those that have already taken place to be null and void.
President Bush on Wednesday repeated his belief that marriage should be restricted to heterosexual couples, adding that he was "troubled" by what was happening in San Francisco. He emphasised that the definition of marriage should be made by the people, not by "activist judges."
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In view of the newly elected San Francisco Mayor Gavin Newsom’s order to the county clerk to begin issuing marriage licenses to same-sex couples recently, thousands of people have flocked to City Hall from California and around the
country.
In last more that 31 years, for the first time an original litigant in Roe v. Wade, decided in 1973, will be before a federal appeals court asking it to reconsider the most controversial U.S. Supreme Court decision in modern history. On March 2, the 5th U.S. Circuit Court of Appeals will hear arguments in McCorvey v. Hill, a case that pits the original plaintiff in Roe v. Wade against the Dallas district attorney over the right to obtain a legal abortion.
Norma McCorvey, the plaintiff better known as Jane Roe, last year, filed a motion in U.S. District Court in Dallas requesting that Roe v. Wade, the landmark case legalizing abortion, be reversed. Bill Hill is the elected successor to the late Dallas County District Attorney Henry Wade, who was the chief law enforcement officer in 1973 charged with enforcing a Texas law that made abortions illegal in the state and prevented McCorvey, a Dallas resident, from obtaining an abortion. Hill did not file any documents with the 5th Circuit in response to McCorvey's appeal, leaving the court in the unusual position of hearing an argument in a highly controversial case from the point of view of only one party.
On June 19, 2003, U.S. District Court Judge David C. Godbey rejected McCorvey's Rule 60(b) motion for "relief from judgment" because it was not timely filed. Rule 60(b) allows district courts to grant relief to parties from judgments in "extraordinary" circumstances. But that rule also requires parties to request relief within a "reasonable" amount of time and Godbey ruled that "thirty years is manifestly not a reasonable time." Yet Parker says his client is advocating that the 5th Circuit overturn Roe v. Wade based on evidence that didn't exist at the time the Supreme Court issued its opinion. "Mr. Hill's position in this lawsuit is he's no longer the proper party to this issue. He's a party in name only," says Dolena Westergard, a Dallas assistant district attorney who represents Hill in the matter. Westergard says when McCorvey originally filed Roe v. Wade, Wade was defending a state law that prevented McCorvey from obtaining an abortion in Dallas County. Since that law no longer exists, Hill has no duty to defend it, Westergard says. Henry Wade died in 2001.
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One of Martha Stewart's closest friends dealt a harsh blow to her longtime pal by testifying that the trendsetter told her she sold ImClone Systems Inc. shares after learning the biotech company's founder was dumping his stock.
Mariana Pasternak, who was on vacation with Stewart in Mexico in December 2001, told a court that the conversation occurred when the two were seated on the terrace of a hotel discussing friends' plans for the end of the year. Pasternak, who has been a close friend of Stewart's for more than 20 years, said she recalled Stewart saying of Waksal, the founder of ImClone, that he was selling or trying to sell his stock and his daughter was selling or trying to sell her stock."
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SEBI
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Secondary Market Division
Circular No SEBI/MRD/Cir -
10/2004 Dated 10.02.2004 : The transfer-cum-demat scheme, which was introduced
by the depositories to counter the problems faced by the investors in the
transition phase of moving from physical to demat trading mode, to decrease the
time period involved in transfer and demat, has fulfilled the its purpose.
However, as on date, SEBI has observed that a large number of stocks have
already been dematerialized, almost 100% trading takes place in dematerialized
form and hence, there is far less pressure on the companies/the share transfer
agents. In view of this, it has been felt that the facility of transfer-cum-demat
is no longer relevant and can be withdrawn without causing any undue
inconvenience and/or delays to the investors. It has accordingly been decided to
withdraw the transfer-cum-demat scheme.
Mutual Funds Division
Circular No SEBI/ IMD/CIR No.
4/2627/ 2004 Dated 06.02.2004 : Clarifications in the form of guidelines for
participation by mutual funds in derivative trading have been issued by SEBI.
The guidelines apply to equity oriented schemes. The guiding principle while
initiating any derivatives position shall clearly be 'hedging' or 'portfolio
balancing'. At no point in time the derivative position shall result, even for
a few moments on an intra-day basis, in actual or potential leverage or short
sale / short position on any underlying security.
Derivatives
Circular No. SEBI/DNPD/DC/Cir-
19/2004/02/06 Dated 06.02.2004 : It has been decided to accept bank guarantees
of banks having credit rating from reputed foreign credit rating agencies also,
towards the liquid assets of a member. Hence, Clause 4(V)(A)(b) of the SEBI
Circular No. IES/DC/CIR-4/99 dated July 28, 1999 has been modified to read as
follows:
"Not more than 5% of the
trade guarantee fund or 1% of the total liquid assets deposited with the
clearing house, whichever is lower, shall be exposed to any single bank which is
not rated P1 (or P1+) or equivalent, by a RBI recognised credit rating agency or
by a reputed foreign credit rating agency, and not more than 50% of the trade
guarantee fund or 10% of the total liquid assets deposited with the clearing
house, whichever is lower, shall be exposed to all such banks put
together."
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Department of Company Affairs
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Notification No S.O. 125 (E)
Dated 28.01.2004 : The Central Government has constituted a committee to
administer the Investor Education and Protection Fund established by the Central
Government vide No. GSR 749(E) dated 1st October, 2001.
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Department of Revenue
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Order No SO130(E) Dated
28.01.2004 : The Central Government has directed that with effect from 1st
March, 2004, the proper stamp duty chargeable on instruments, mentioned under
column (1) in articles 13, 14, 27, 37, 47, 49, 52 and 62 (a) in the Schedule I
of the Indian Stamp Act, 1899 , has been reduced.
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CBDT
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Circular No. 3/2004 Dated
12.02.2004 : Clarification regarding period of applicability of the Explanation
u/s 80HHE (1) of the Income-tax Act, 1961 has been issued by the Board.
According to clarification, the "Explanation" was inserted by the
Finance Act, 2001 w.e.f. 01.04.2001. However, as pointed out by the Ministry of
Law on various occasions, the use of the words " for the removal of doubts"
in an Explanation normally implies that the Explanation is only clarificatory in
nature. As this Explanation under Section 80HHE(1) only clarifies the existing
position of law, the Board are of the opinion that the Explanation will be
considered to have effect from 1.4.1991 i.e. the date on which section 80HHE
came into force.
Circular No. 2/2004 Dated
10.02.2004 : It has been clarified that contractors are now not required to
obtain Income Tax Clearance Certificate from the Income-tax Department and there
is no need to furnish such certificate while submitting tenders or obtaining
commercial contracts. Further, it has also been clarified that Income Tax
Clearance Certificate shall also not be required for any other purposes such as
registration or renewal of registration of contractors, renewal of import/export
licences, renewal of post licences and renewal of shipping licences. However,
all such persons shall quote their Permanent Account Number in their tender or
other relevant documents.
Notification No. 46/2004 Dated
06.02.2004 : M/s Muljibhai Patel Society for Research in Nephro-Urology, Gujarat
Approved u/s 35(1)(ii)
Notification No. 45/2004 Dated
06.02.2004 : M/s Bhartiya Sanskriti Darshan Trust, Pune Approved u/s 35(1)(ii)
Notification No. 44/2004 Dated
06.02.2004 : M/s Share India Approved u/s 35(1)(ii)
Notification No. 43/2004 Dated
06.02.2004 : M/s Academy of Sanskrit Research Melkote, Karnataka Approved u/s
35(1)(ii)
Notification No. 42/2004 Dated
06.02.2004 : M/s Aravind Medical Research Foundation, Madurai Approved u/s
35(1)(ii)
Notification No 40/2004 Dated
04.02.2004 : The Central Government has declared that any income arising to M/s.
Rosoboron Export, the Federal State Unitary Enterprise having its registered
office at No. 21, Gogolevskij, Boulevard, Moscow, Russia 119992, by way of fees
for technical services only, received in pursuance of its General Contract No.PB/835611233630
dated 28-12-2000, entered into by it with the President of India, for providing
the aforesaid services in or outside India, relating to the projects connected
with the security of India, shall not be Included in computing the total income
of the said company under the Income-tax Act, 1961.
Notification No 39/2004 Dated
04.02.2004 : In Schedule-1 to the notification, serial numbers 3 and 7 and the
entries relating thereto have been substituted.
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CBEC Excise Tariff
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Circular No. 775/8/2004-CX
Dated 17.02.2004 : On examining the proposal of extending the scope of Service
Tax Audit and it has been decided by the Board to extend the scope of Service
Tax Audit to all services which are subject to levy of service tax. Needless to
mention that selection of assessees and auditing of those assessees who have
been selected for auditing will be subject to the guidelines and procedures
prescribed in the said Service Tax Audit Manual.
Notification No 13/2004 Dated
06.02.2004 : In the notification, in the Annexure, for Condition No. 61 and the
Conditions relating thereto, a new Condition No. 61 and Conditions related to it
have been substituted, namely:
"61. If, before the
clearance of the goods, the manufacturer produces to the Deputy Commissioner of
Central Excise or the Assistant Commissioner of Central Excise, as the case may
be, a certificate from the Chairman or the Managing Director or the Director
(Rolling Stock, Electrical and Signaling) or the Director (Finance) of the Delhi
Metro Rail Corporation Ltd" to the effect that
(i) the goods are procured by
or on behalf of the Delhi Metro Rail Corporation Ltd. for use in the Delhi MRTS
project; and
(ii) the goods are part of the
inventory maintained by the Delhi Metro Rail Corporation Ltd. and shall be
finally owned by the Delhi Metro Rail Corporation Ltd."
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CBEC Excise non Tariff
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Notification No. 4/2004 NT
Dated 17.02.2004 : The Central Board of Excise and Customs has empowered every
Central Excise Officer, not below the rank of an Assistant Commissioner of
Central Excise, to require the payment of duty and any other sums of any kind
payable to the Central Government under any of the provisions of the the Central
Excise Act, 1944 or of the rules made there under (including the amount required
to be paid to the credit of the Central Government under Section 11D of the said
Act) within his jurisdiction and thereby to exercise all the powers of such
officer specified under the said section 11.
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CBEC Customs Tariff
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Circular No. 16/2004 Dated
16.02.2004 : Having regard to the matter of jurisdiction over EOU/EHTP/STP/SEZ
Units, it has been clarified that in all cases of short levy or evasion of
either Customs or Central Excise duties, or both, it is the Commissioner of
Customs or Central Excise, as a case may be, who has administrative control over
the EOU/EHTP/STP/SEZ Unit, who will be the proper officer for investigation,
issue of show cause notice and adjudication. It has been directed that for
administrative control over EOUs/EHTP/STP units reference to Board's Circular
No 31/2003-Cus dated 7-4-2003 can be taken.
Circular No. 15/2004 Dated
16.02.2004 : Director General ( System & Data Management) has been directed
to bring into effect necessary software changes to operationalize the filing of
advance IGM's and prepare a detailed procedure for the benefit of stake
holders. The Systems Managers/ Administrators at all ICES locations shall ensure
that adequate knowledge is imparted to all stake holders prior to 16.4.2004.
Circular No. 14/2004 Dated
13.02.2004 : In the matter of admissibility of depreciation in respect of
capital goods to EOU/EHTP/STP, the Board has clarified that depreciation is
admissible till the date of payment of duty. Therefore, there is no basis for
contending that depreciation would be allowed for full year or quarter year
only. The depreciation is allowed in straight line method and would be allowed
till the date of payment of duty. For the part years or months, depreciation
would be computed proportionally.
Circular No. 13/2004 Dated
12.02.2004 : The functions of the Directorate General have been defined vide
Ministry's letter F.No.A-11019/34/2001-Ad.IV dated 27.6.2002. These functions,
inter alia, include post-audit of fixation of brand rates also. Therefore, it
has been clarified that one set of documents relating to fixation of brand rates
may also be provided to the said Directorate General for post-audit in addition
to the Internal Audit Department of the Central Excise field formations.
Notification No 36/2004 Dated
09.02.2004 : Anti Dumping Duty has been Imposed On Green Veneer Tape From
Chinese Taipei
Notification No 34/2004 Dated
09.02.2004 : Anti Dumping Duty has been Imposed On Ethylene Propylene Diene
Rubber From Korea RP
Notification No 35/2004 Dated
09.02.2004 : The Central Government has rescinded the notification No.
122/2000-Customs , dated the 27th September , 2000 except as respects things
done or omitted to be done before such rescission.
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CBEC Customs Non Tariff
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Notification No. 20/2004-N.T.
Dated 16.02.2004 : In the Schedule annexed to the notification, after item No.
12 and the entries relating thereto, the following item numbers and entries have
been inserted, namely :-
"13. Software ;
14. Any goods seized by the
proper officer under section 110 of the Customs Act, 1962 (52 of 1962), for
which order for provisional release has been passed but provisional release has
not been taken by the concerned person within a period of one month from the
date of the communication of such order."
Notification No. 19/2004-N.T.
Dated 16.02.2004 : The Board appointed the Commissioner of Customs (Imports),
New Customs House, Mumbai to act as Commissioner of Customs (General), Mumbai
for imports cleared through Container Freight Station, Mulund and Commissioner
of Customs (Imports), Jawahar Custom Houise, Nhava Sheva for the purpose of
adjudicating the matters relating to show cause notice pertaining to M/s Kamala
Mehta Charitable Trust, 1st Floor, Khatau Mansion, Omar Park, Bhulabhai Desai
Road, Mumbai 400036 issued by the Additional Director General, Directorate of
Revenue Intelligence, Mumbai.
Notification No. 18/2004-N.T.
Dated 16.02.2004 : In the notification, for the words and brackets "Commissioner
of Customs (Air Cargo), New Delhi", the words and brackets "Commissioner of
Customs (Import and General), New Customs House, New Delhi" have been
substituted.
Notification No. 17/2004-N.T.
Dated 16.02.2004 : In the notification, for the figures, letters and word "18th
February, 2004 ", the figures, letters and words " 1st day of May, 2004 "
have been substituted.
Notification No. 16/2004-N.T.
Dated 12.02.2004 : In the notification, the Table has been substituted.
Notification No 15/2004-N.T.
Dated 09.02.2004 : In the notification, in the Table, against serial number 8
relating to State of Maharashtra, in column (3), after item (10) and the entries
relating thereto in column (4), a new item (11) with entry "Dighi Unloading
of imported goods and loading of export goods or any class of such goods"
has been inserted.
Notification No 14/2004-N.T.
Dated 06.02.2004 : In rule 15 of the Customs and Central Excise Duties Drawback
Rules, 1995, in sub-rule (1). for the second proviso, the following proviso has
been substituted, namely :-
"Provided further that the
aforesaid period of three months may be extended by the Assistant Commissioner
of Customs of Deputy commissioner of Customs for a further period of nine months
on being satisfied that the exporter was prevented by sufficient cause from
filling his supplementary claim within the aforesaid period of three
months."
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Department of Economic Affairs
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Notification No. SO182(E) Dated
10.02.2004 : The Central Government, after considering the application made by
the Reserve Bank of India, has extended the period of moratorium in respect of
the South Gujarat Local Area Bank Ltd., for a further period upto and inclusive
of the May 12, 2004.
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RBI
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Circular No. A.P.(DIR Series)
Circular No. 69 Dated 12.02.2004 : It has been decided to allow Authorised
Dealers to grant rupee loans to NRIs as per policy laid down by the bank's
Board of Directors, other than for purposes of :
(i) The business of chit fund,
or
(ii) Nidhi Company, or
(iii) Agricultural or
plantation activities or in real estate business, or construction of farm
houses, or
(iv) Trading in Transferable
Development Rights (TDRs), or
Investment in capital market
including margin trading and derivatives.
The repayment of the loan may
be made by debit to NRE/FCNR/NRO accounts of the non-resident borrowers or out
of inward remittances by the borrowers. The quantum of loan, rate of interest,
margins etc. on such loans may be decided by the Authorised Dealers based on
relevant directives issued by the Department of Banking Operations and
Development in this regard.
Circular No. A.P.(DIR Series)
Circular No. 68 Dated 11.02.2004 : It has been decided that any declaration to
be furnished to the specified authority by the caution listed exporters should
be submitted to the Authorised Dealer for prior approval. Accordingly, GR / PP /
SDF and Softex forms of exporters who have been placed on the caution-list may
be approved by Authorised Dealers, if the exporters concerned produce evidence
of having received an advance payment or a valid irrevocable letter of credit in
their favour covering the full value of the proposed exports. Such approval may
be given even in cases where usance bills are to be drawn for the shipment,
provided the relative letter of credit covers the full export value and also
permits such drawings and the usance bills mature for payment within six months
from the date of shipment.
Notification No. DBOD No.
Dir.BC. 69/13.03.00/2003-04 Dated 13.02.2004 : With a view to harmonizing
present regulations pertaining to different interest rates for various
categories of customers and products and also to review the regulations on
operational aspects of deposits, Reserve Bank of India (RBI) had constituted a
Working Group on 'Interest Rates on Deposits and Procedures' under the
Chairmanship of Shri H. N. Sinor, Chief Executive Officer, Indian Banks'
Association. After considering the recommendations of the Working Group, it has
been decided to make the changes in extant guidelines.
Notification No. DBOD No.
Dir.BC. 68/13.03.00/2003-04 Dated 13.02.2004 : Paragraphs 11, 13 and 14 of the
Master Directive No. DBOD. Dir. BC. 07/13.03.00/ 2001-02 dated August 11, 2001
have been substituted.
Notification No DBOD No. Dir.BC.
/13.07.05/2003-04 Dated 06.02.2004 : In the context of (a) more and more
companies offering their employees stock options in conformity with SEBI
guidelines as an incentive package as well as through specific reservation to
the employees during IPOs; and (b) increased awareness among banks of risks
involved in such financing as well as introduction of robust system of assessing
risks in many banks, It has been decided that while extending bank finance to
employees for purchasing shares of their own company either under ESOP or IPO of
the company concerned, banks may take their own decision in the matter subject
to extant regulations including margin on IPO financing.
Notification No. DBOD. Ret. BC
No. 65/12.06.110/2003-04 Dated 05.02.2004 : The name of "The Oversea -
Chinese Banking Corporation Limited." has been excluded from the Second
Schedule to the Reserve Bank of India Act, 1934 with effect from 27th December
2003, i.e. the date on which the relative notification DBOD. No IBS. 918 /
23.13.060/2003-04 dated 12th December 2003.
Notification No DNBS (PD) C.C.
No. 35 / 10.24 / 2003-04 Dated 10.02.2004 : It has been decided that NBFCs
registered with Reserve Bank of India may take up insurance agency business on
fee basis and without risk participation, without the approval of Reserve Bank
of India subject to the following conditions:
(i) The NBFCs should obtain
requisite permission from IRDA
(ii) The NBFCs should not adopt
any restrictive practice of forcing its customers. The customers should be
allowed to exercise their own choice.
(iii) As the participation by a
NBFC's customer in insurance products is purely on a voluntary basis, it should
be stated in all publicity material distributed by the NBFC in a prominent way.
(iv) The premium should be paid
by the insured directly to the insurance company without routing through the
NBFC.
(iv) The risks, if any,
involved in insurance agency should not get transferred to the business of the
NBFC.
Notification No. UBD. No.
BPD.PCB.Cir. 34 /13.05.00/2003-04 Dated 11.02.2004 : It has been advised that
for a "fund" to be included in the Capital Fund, the fund/reserve
should satisfy the under noted two criteria,
(i) The reserve/fund should be
created as an appropriation of profit and
(ii) It is a free reserve i. e.
not a specific reserve.
Notification No. UBD No.BPD.PCB
Cir. 33/09.11.00/2003-04 Dated 11.02.2004 : All the UCBs, which are holding CSGL
accounts of other UCBs have been advised to close such accounts and report
compliance to the concerned Regional Office forthwith. UCBs may transfer their
CSGL accounts to other public sector banks, scheduled commercial banks, Primary
Dealers, State Co-operative Banks, Depositories and Stock Holding Corporation of
India Ltd. which are authorized to maintain CSGL accounts, as advised in our
Circular No. UBD.BR. No. 6/16.26.00/2000-01 dated August 9, 2001. UCBs have also
been advised to strictly comply with the above instructions.
Press Release No. 2003-2004/995
Dated 17.02.2004 : On the recommendations of the Reserve Bank of India, the
Government of India has extended the period of Moratorium under Section 45(2) of
the Banking Regulation Act, 1949 for another three months that is upto and
inclusive of May 12, 2004. During the period of moratorium, the bank is
permitted to make only payments as have been specified in this regard in the
order of moratorium.
Press Release No. 2003-2004/989
Dated 17.02.2004 : The Reserve Bank of India has appointed Shri P. K. Sarkar as
the Banking Ombudsman for the states of West Bengal and Sikkim with effect from
January 16, 2004 with a view to providing to the bank customers quick and
low-cost redressal of grievances relating to banking services.
Press Release No. 2003-2004/985
Dated 16.02.2004 : The Government of India has prepaid a portion of foreign
currency loans of Asian Development Bank amounting to 123.11 billion Japanese
Yen (Rs.5,294.84 Crore) keeping in view the strong foreign exchange position and
interest rates prevailing in the domestic market. The Government made the
prepayment by purchasing necessary foreign currencies from the Reserve Bank of
India at the prevailing exchange rate. The Government funded the prepayment by
issuing a new dated security, viz., 5.32 per cent Government Stock 2014 to the
Reserve Bank on a private placement basis on February 16, 2004 for Rs.5000 crore
and paid the balance amount to the Reserve Bank out of its cash balance.
Press Release No. 2003-2004/973
Dated 10.02.2004 : The Reserve Bank of India on February 12, 2004 has notified
that no further purchases of equity shares of ICICI Bank Ltd., should be made on
behalf of Foreign Institutional Investors (FIIs)/Non-Resident Indians (NRIs)/Persons
of Indian Origin (PIOs) in the Stock Exchange/s in India without the prior
permission of the Reserve Bank. The Reserve Bank has stated that ICICI Bank
Ltd., has reached the trigger limit of 72 per cent of its paid up capital.
Press Release No. 2003-2004/962
Dated 10.02.2004 : A Working Group on Flow of Credit to SSI sector has been
constituted under the chairmanship of Dr. A. S. Ganguly, Director, Central Board
of the Reserve Bank of India.
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DGFT
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Notification No. 35
(RE-2003)/2002-2007 Dated 16.02.2004 : The Central Government has amended the
ITC (HS) Classification of Export and Import Items 2002-07 as under:
(1) Condition 1 of Chapter I A
(General Notes to Import Policy) of the ITC (HS) Classifications of Export and
Import items 2002-2007 has been amended; and
(2) Appendix 1 to Schedule 1 of
ITC (HS) Classifications of Export and Import Items, 2002-07 has been deleted.
Circular No. 27
(RE-2003)/2002-2007 Dated 16.02.2004 : The following changes has been made in
the Para 2 (2) of the said Policy Circular as under:
"Import consignments of
industrial product i.e. transmission belts/ pressure belts, lining material for
manufacture of luggage goods which do not come into direct contact with the
human body."
Public Notice No. 49
(RE-03)/2002-07 Dated 16.02.2004 : The Director General of Foreign Trade has
notified the amendments in Public Notice prescribing the procedure for import of
certain items under the Indo-Nepal Treaty of Trade signed on 2.3.2002. As per
the amendment the following sub Para 1A has been added:
"However the time period for
import of Vegetable fats (Vanaspati) for the year 2003-04 shall be extended up
to 05.06.2004 and the unutilized quota shall not lapse till this date."
Public Notice No. 48
(RE-03)/2002-07 Dated 16.02.2004 : The Director General of Foreign Trade has
made the following amendment in the Handbook of Procedures (Vol.1):
(1) Amendments have been made
in Appendix 15 pertaining to the "Agri Export Zones" ;
(2) Paragraph 19.1 of Appendix
14.II has been substituted as under:
"19.1. SEZ units may transfer
manufactured goods, including partly processed/semi- finished goods and services
from one SEZ unit to another SEZ/EOU/EHTP/STP unit. However, trading units in
SEZ may sell/transfer goods imported/procured from DTA to another SEZ/EOU/EHTP/STP
unit."
(3) The address of branch
office of the Gems & Jewellery Export Promotion Council at Kolkata has been
amended.
Public Notice No 47
(RE-03)/2002-07 Dated 09.02.2004 : The Director General of Foreign Trade has
notified the revised DEPB rate of the items as specified in the Public Notice.
Notification No 34
(RE-2003)/2002-2007 Dated 09.02.2004 : The Central Government has amended Para
6(iii) of Notification as under:
"(7) Import of new vehicles
having an FOB value of US $ 40,000 or more by :
(a) individuals,
(b) companies and firms
importing under the EPCG Scheme
will be exempt from the
conditions at Sl. No. (2)(II)(c) above. However, at the time of Customs
clearance, a Type Approval Certificate / COP of an international accredited
agency from the country of origin, including a notarized English translation
thereof, shall be furnished. This Type Approval shall stipulate that the vehicle
to be imported complies with all the ECE Regulations for the complete vehicle.
The international accredited agencies referred to above will be notified
separately."
Circular No 26
(RE-2003)/2002-2007 Dated 09.02.2004 : Department of Commerce has issued the
list of International accredited agencies for issuance of Type Approval
Certificate / COP.
Notification No 33
(RE-2003)/2002-2007 Dated 06.02.2004 : The Central Government has amended the
Condition 16 of Chapter I A (General Notes to Import Policy), of ITC (HS)
Classification of Export and Import Items, 2002-07, which pertains to import
into India of livestock and livestock products.
Notification No 32
(RE-2003)/2002-2007 Dated 06.02.2004 : The Central Government has amended the
ITC (HS) Classification of Export and Import Items, 2002-07. the amendment has
been made in the entry with exim code as 49070020 and item description as Bank
Notes. The Policy to this item is 'Restricted" and the Condition relating
to the policy is "Import by banks and dealers authorized by RBI will not
require a licence by DGFT. Other condition of RBI will apply."
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Ministry of Environment
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Notification No. G.S.R. 94 (E)
Dated 03.02.2004 : The Central Government has made Forest (Conservation)
Amendment Rules, 2004. Rules 1,2,3,5,6 [except Sub-rule (5) of rule 6] and 7 of
these rules have been made effective from the date of their publication in the
Official Gazette; whereas, rule 4 of these rules and sub-rule (5) of rule 6 of
the principal rules, as contained in rule 5 of these rules, shall come into
force on the expiry of 180 days from the date of publication.
Notification No G.S.R 92(E)
Dated : 29.01.2004 : In the Environment (Protection) Rules, 1986, in Schedule I,
in serial number 95 relating to EMISSION LIMITS FOR NEW DIESEL ENGINES (UP TO
800 KW) FOR GENERATOR SETS (GENSETS) APPLICATIONS, in paragraph 1, -
(i) in Note I, Note II and Note
III, for the word "manufacturers" or "manufacturer",
wherever they occur, the word 'supplier' has been substituted;
(ii) after Note III, the
following Explanation has been inserted, namely :-
"Explanation - For the
purposes of this paragraph, 'supplier' means manufacturer of new diesel engines
for genset applications in India and importer of such diesel engines for genset
applications and diesel gensets imported into India".
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Ministry of Labour
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Notification No GSR85(E) Dated
28.01.2004 : In paragraph 4 of the Employees' Provident Funds Scheme, 1952, in
the proviso to Sub-paragraph (1), for the word 'three' the word 'five' has been
substituted.
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Ministry of Power |
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Notification No. L-7/25(6)/2004
Dated 30.01.2004 : The Central Electricity Regulatory Commission has made the
regulations, namely "Central Electricity Regulatory Commission (Procedure,
Terms & Conditions for Grant of Trading Licence and Other Related Matters)
Regulations, 2004 " to be effective from 06.02.2004.
Notification No. L-7/25(4)-2003
Dated 30.01.2004 : The Central Electricity Regulatory Commission has made the
regulations, namely "Central Electricity Regulatory Commission (Open Access
in Inter-state Transmission) Regulations, 2004 " to be effective from
06.02.2004.
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Press Information Bureau
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Dated 17.02.2004 : China has
granted concessions on 217 tariff lines (at 8-digit ITS HS level) to India under
the Bangkok Agreement while India has extended the concessions on 106 items
corresponding to 188 tariff lines at 6-digit HS, which it had already granted to
other member countries (Bangladesh, Sri Lanka and Republic of Korea). Besides,
India's exports are also eligible for concessions on the items on which China
has already exchanged concessions bilaterally with Bangladesh, Republic of Korea
and Sri Lanka. In effect, the total number of items eligible for tariff
concessions for export to China will be more than 700 items. The concessions
would be available subject to fulfillment of Rules of Origin prescribed
thereupon. The preferential tariff rates for trade between India and China under
the Bangkok Agreement are effective from 1st January, 2004.
Dated 17.02.2004 : The
Department of Consumer Affairs has set up a Working Group to look into the
problem of counterfeiting, fake, spurious and contraband products on the
recommendations of the Central Consumer Protection Council. Working Groups were
also set up to look into different areas of consumer welfare like Food Safety,
Misleading Advertisements, Drugs, Pharmaceuticals and Medical Devices, Consumer
Health & Safety concerning Tobacco Products and a Group to formulate New
Acts or amend the existing Acts relating to Consumer Interest. The
recommendation of these Working Group are expected to help focus on particular
areas of consumer interest.
Dated 17.02.2004 : Mr. Desh
Deepak Verma, Joint Secretary in the Ministry of Environment and Forests has
been elected as the Chairman of the Working Group for UN Convention of
Biological Diversity in the on-going Conference of Parties meeting at Kuala
Lumpur, Malaysia.
Dated 12.02.2004 : The
Government has reduced the landing and user charges at the airports in order to
make air travel affordable and to encourage connectivity to smaller places.
Dated 08.02.2004 : Shri T.S.
Krishnamurthy took over as new Chief Election Commissioner of India. Earlier,
serving the Commission as Election Commissioner, Shri Krishnamurthy has
succeeded Shri J.M. Lyngdoh who laid off his office after completing his tenure.
Also, Shri N. Gopalaswamy,
former Home Secretary took over as Election Commissioner of India. An IAS
Officer (Gujarat Cadre) he had held several positions including Member Planning
Commission and the Secretary, Culture, Government of India.
Dated 06.02.2004 : It has been
decided to simplify and rationalize current account transactions by removing the
certain restrictions on Current Account Transactions. Now
(1) remittances for personal
health insurance from a company abroad are freely permitted without prior
approval of Government of India;
(2) no prior approval of RBI
would be required for remittances by artist e.g. wrestler, dancer, entertainer
etc. ;
(3) no approval of RBI would be
required for amounts upto USD 25,000 or 5 % of the inward remittances, whichever
is higher, per transaction as commission to agents abroad for sale of
residential flats/commercial plots in India
(4) no approval of RBI would be
required for Short Term Credit to Overseas Offices of Indian Companies; and
(5) remittances for
advertisement on foreign television have been allowed without any ceiling. The
removal of this restriction would make non-exporters also eligible to avail of
this facility.
(6) no approval of RBI is
required in case of remittances of royalty and payment of lump-sum fee under the
technical collaboration agreement, which have not been registered with RBI;
(7) restrictions i.e. prior
approval of RBI in regard to use of trademarks/franchise have been removed.
However, the purchase of trademarks will continue to require RBI's prior
approval.
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Supreme Court |
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The matter raised before Apex
Court was to decide whether a member of a Tribe, despite his change in
the religion might remain a member of the Tribe if he continues to
follow the tribal traits and customs. In the present case, it has been
contended that the family of the victim had been converted about 200
years' back and in fact the father of the victim married a woman
belonging to a Roman Catholic, wherefrom he again became a Roman
Catholic. The question, therefore, which may have to be gone into, is
as to whether the family continued to be a member of a Scheduled Tribe
or not.
Apex Court held that upon
conversion, a person might be governed by a different law than the law
governing the community to which he originally belonged but that would
not mean that notwithstanding such conversion, he might not continue to
be a member of the Tribe. Further the Court was of view that although
as a broad proposition of law, it cannot be accepted that merely by
change of religion, person ceases to be a member of schedule tribe but
the question as to whether he ceases to be a member thereof or not must
be determined by the appropriate court upon the fact of each case and
in such a situation, it has to be established that a person who has
embraced another religion is still suffering from social disability and
also following the customs and tradition of the community, which he
earlier belonged to - Appeal was allowed.
Hon’ble Supreme Court was
approached to decide about the creditworthiness of the dying
declaration. Apex Court held that although in law there is no bar in
acting on a part of the dying declaration, it has to pass the test of
reliability. Section 32(1) of the Indian Evidence Act, 1872 is an
exception to the general rule that Hearsay evidence is not admissible
evidence unless its creditworthiness is tested in cross-examination. A
dying declaration made by a person on the verge of his death has a
special sanctity as at that solemn moment a person is most unlikely to
make any untrue statement. The shadow of impending death is by itself
guarantee of the truth of the statement of the deceased regarding
circumstances leading to his death but at the same time the dying
declaration like any other evidence has to be tested on the touchstone
of credibility to be acceptable. It is more so, as the accused does not
get an opportunity of questioning veracity of the statement by
cross-examination. The dying declaration if found reliable can form the
base of conviction. In the present case since the dying declaration was
itself not proved, the question of acting on it did not arise.
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