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NATIONAL NEWS

State government denotifies 49 mines in Maharashtra

Maharashtra state mining department has denotified 49 mining areas in Sindhudurg district, calling for examination all the related files and Environment Impact Assessment reports. It was the first eco tourism district in the country, but mining leases have adversely affected the lush green cover.

SEBI fines AMC

SEBI has imposed a fine of Rs 10 Lacs on L&T Investment Management (formerly DBS Chola AMC), for failing to take adequate measures to ensure that information pertaining to its trading strategy did not leak out.

SEBI bars another five companies from stock market, for failing to address investor grievances

SEBI has barred five companies and their directors from trading in the securities market, till all the pending investor grievances against them are resolved.

SEBI amends Equity Listing Agreement, strengthens disclosure norms

In order to enhance investor protection, SEBI has come out with crucial amendments to the Equity Listing Agreement, including tougher disclosure norms.

No night shelter to be demolished amid intense winter, orders SC

SC has directed all states & UTs to ensure that no night shelter is demolished in any part of the country amid intense winter. The two judge bench also ordered that the shelters razed by DDA in Delhi be rebuilt within three days. The shelters had earlier been built on court's instructions, but demolished by DDA in undue haste.

India to sign MOU with Italy on highway sector

India is planning to sign MOU with Italy, on enhancing bilateral technical cooperation in road infrastructure projects. Government wants to involve Italian companies in the construction of highways.

Corporate affairs minister talks of bringing lobbying under RTI purview

Corporate affairs minister has said that corporate lobbying, including PR and specific influence, should be known to public and could be included under RTI Act. He said that lobbying is not illegal, but it should not go beyond points that are illogical.

Equality can't be claimed in illegality, rules Delhi HC

In a case where appellant wanted a particular type of security, and had continued to occupy government bungalow, Delhi HC has held that Art 14 of the Constitution is a positive or affirmative concept. Equality can't be claimed in illegality. Case having individual characteristic can't become matter of judicial review.

Big corporate entities know how to work around regulation, says SEBI chairman

SEBI chairman has said that regulators world wide need to assess if they should impose major regulations on big corporate entities that are too big to fail. He added that such groups have tremendous political and media access and ability to work around regulations, and create a mess if they fail.

RBI favours development of corporate bond market to fund infrastructure

RBI has said that it is focusing on developing a strong corporate bond market to fund infrastructure development of $ 1tn during 12th plan, as there is a need to take away some of the burden from banks. Government has decided to launch Rs50,000 Cr corpus towards this end.

Andhra HC gives go ahead to the CBI to probe illegal mining

AP HC has set aside the stay granted by a single judge bench, and allowed CBI to probe into illegal mining of iron ore being carried out by a mining company in parts of Andhra Pradesh and Karnataka. Court has also allowed CBI to look into related aspects like evasion of royalty, road tax and other dues running into thousands of crores of rupees.

Bombay HC asks government to consider allowing partial construction at Lavasa

Bombay HC has said that environment ministry's 'stop work' order to Lavasa should furnish specific details of environment norms violation, rather than general observations. It may also consider allowing partial construction at the project, under supervision.

SC examining implementation of NREGA by centre and states

Commenting on NREGA scheme, SC has said that 'right to livelihood' is on a higher perch than a mere legal right. The bench raised doubts over the money under the scheme actually reaching the needy, when it noticed that both centre and states had denied any irregularities, diversion of funds or improper records in their respective affidavits.

AP government in favour of capping rates charged by MFIs

AP government has submitted a report to the Malegam Committee on microfinance, requesting that interest rates should be capped, and MFIs should be barred from raising money from the stock market or PE funds, as such investors are not 'social investors', and expect high returns from their investment.

SC comes to the rescue of HIV patients

Centre has informed SC that second line anti-retroviral treatment will be extended to all HIV+ patients at four metros, and will gradually be extended to more hospitals. Earlier, SC had questioned government's stand that second line ART can't be extended to patients who had received 'irrational treatment' from private doctors.

Mundra port receives showcause notice for destroying mangroves

Environment ministry has issued show cause notice to the developer of Mundra port and SEZ, for destruction of mangroves during the course of development. Ministry has said that the developer has violated Coastal Regulation Zone rules and not met environment clearance conditions.

RBI reduces SLR to 24%

RBI has released the mid-quarter monetary policy review for Dec 2010. While it has decided to retain current repo & reverse repo rates at the same level, SLR has been reduced to 24%. This is expected to bring down liquidity deficit and stabilise interest rates in the overnight inter-bank segment.

SC stays suspension of Chandramohan from TN Bar Council

SC on Wednesday stayed the Madras HC order, suspending RK Chandramohan from the chairmanship of the TN Bar Council, and asking the Council to initiate disciplinary proceedings against him. Petitioner has contended that HC order is illegal, as HC doesn't have powers to direct suspension of a member of the Bar Council.

SC agrees to monitor 2G scam

Relying on CAG report, SC has announced that it will monitor CBI's inquiry into the 2G scam. CBI and ED (probing forex violations) have to submit a report at the next hearing on Feb 11,2011. Inquiry has to extend upto the year 2001, to examine if the telecom department was following the procedure laid down in 2001.

Orissa government  moves SC against Orissa HC verdict

Orissa government has filed a Special Leave Petition in the Supreme Court, against the judgment pronounced by the Orissa HC on Nov16, 2010 on a Writ Petition, quashing the land acquisition for the proposed Vedanta university project in Puri.

Film industry planning strike against Copyright Bill

Film industry is reportedly planning a strike against Copyright (Amendment) Bill, 2010. The Bill strives to make producers share 50 percent royalty on musical compositions with lyricists and composers.

Competition Commission considering model real estate regulations

CCI is reportedly considering model real estate regulations on the pattern of laws in developed countries, to safeguard customers from exploitation at the hands of builders. Clear title, approved building plans, sound financial status and separate escrow account are some of the prerequisites for developers abroad.

India becomes member of global body to combat financing of terrorism

India has become a member of Eurasian Group, which is a bloc of nations committed to enforcing global standards on anti-money laundering.  Government wants to ensure that our financial institutions do not become vulnerable to infiltration or abuse by organised crime groups.

Bombay HC rejects Kasab's petition to determine his mental health

Bombay HC has rejected a petition by 26/11 terror suspect Kasab, seeking constitution of a medical board to study his mental health. The HC found him to be a person of sound mind.

Delhi HC refuses interim stay on phaseout of Blueline buses

Delhi HC has refused to grant interim stay on the phaseout of killer Blueline buses from city roads commencing Dec 15, 2010. The operators argued that government had no power to ban them, as it did not have any alternative arrangement, while the government confidently assured the court that it had sufficient buses.

SC upholds one year sentence for Rs 50 bribe

SC on Wednesday upheld the conviction and one year sentence of a municipal employee, who had been caught by Anti Corruption Bureau in Tamil Nadu 17 years ago, for demanding a bribe of Rs 50. The conviction had previously been upheld by Madras HC.

CIC gets tough with Delhi schools, makes it mandatory to display information on EWS seats

On an appeal from a Delhi resident, Central Information Commission has directed education directorate of Delhi to ensure that all city schools put up display boards before Dec 31, carrying information about availability of EWS seats. Department's website is also to be updated before Dec 31, 2010.

SC comes to the rescue of homeless, halts demolition of night shelters

SC has directed civic agencies in Delhi not to pull down any night shelters till February 28, 2011. Demolition of two shelters was done by DDA recently, even as temporary shelters for the homeless were being set up by Delhi Urban Shelter Improvement Board. 

SEBI turns down request to cross examine key Satyam officials

SEBI has reportedly turned down a request from Price Waterhouse, to cross examine owners and former officials of Satyam in a fraud case. SEBI ruling comes in the wake of a show cause notice that has apparently been issued to certain firms closely associated with Price Waterhouse.

Capital investment subsidy for J&K units enhanced

Capital investment subsidy for MSMEs in J&K has been enhanced to 30% of the investment on plant and machinery, at par with NE states. Units will be eligible to claim the benefit even on expansion, if expenditure on plant & machinery does not exceed Rs 10 cr( manufacturing sector) or Rs 5cr(services).

Finance ministry scouting globally to add security features to bank notes

Finance ministry has invited applications from manufacturers across the globe, for adding security features in new series of bank notes. The move is aimed at checking counterfeit currency.

Bombay HC dismisses petition in real estate case, Nusli Wadia to continue as administrator

Bombay HC has dismissed the petition of GL Raheja group against Nusli Wadia continuing as administrator of a 600 acre land parcel in Malad, over which Ferani Hotel stands. In 1995, Mr Wadia had entered into an agreement with the Raheja group to develop the land, but later wanted the land back, which led to a dispute.

MCA favours regulatory authority for corporate scams

Corporate affairs minister said yesterday that he favours creation of a special regulatory body to deal with corporate scams. He also reiterated that MCA is firm on corporates moving over to IFRS norms from Apr 1, 2011, and those who have problems can seek assistance from the ministry.

Government formulating e-surveillance law based on Communications Assistance for Law Enforcement Act

government is reportedly working on an e-surveillance law, which would make it mandatory for telecom service providers to allow surveillance of data on their networks, including communications routed through servers located in a foreign country. The proposed law is being modelled on US law CALEA,2009.

IRDA allows trade credit insurance with several riders

IRDA has issued new guidelines for trade credit insurance, an activity that was banned in September. As per the new guidelines, credit policies cannot be assigned to banks, and insurers cannot provide insurance for a single transaction. Only whole turnover based policies can be sold.

Bombay HC rules in favour of Kings XI

Bombay High Court has ruled that the BCCI's decision to cancel the franchise of Kings XI was not correct. Its contention that the ownership pattern of Kings XI Punjab had been altered without its knowledge is also not true. Consequently, the way is clear for the team to play in IPL4.

GST rollout may take place in phases

FM has said that central government is willing to address states' concern over the proposed GST, by going in for phased implementation. He added that the government would like to implement it along with the proposed Direct Tax Code, from Apr 1, 2012.

RBI wants to preserve autonomy in staff related matters

RBI is reportedly opposing a move by the government to bring its staff related regulations under the subordinate legislation of Parliament, to preserve its independence and autonomy. Earlier, it had resisted a move by the government to seek finance ministry approval before according pay hike to its employees.

Shipping ministry recommends change in Customs Act following chlorine leak at Mumbai port

Shipping ministry has recommended penal action against some Mumbai port officials and the importer, for criminal negligence in a chlorine gas leak in July. It has also said that Section 24-2 of Customs Act 1962, which deals with handling of hazardous substances, needs to be reworked, so that cargo not claimed within a specified period can be returned back.

State government scraps extra FSI for parking in Mumbai

Maharashtra has scrapped additional FSI for public parking in Mumbai, under its Development Control Regulations 33(24). The relaxation was done to decongest parking space, but it was found that builders were misusing the measure, to make a fortune by building huge parking towers.

Services and investment agreement with ASEAN under FTA delayed

India-ASEAN agreement on investment and services under the FTA is reportedly delayed, due to reluctance on part of some ASEAN countries to open up services sector. However, these countries want India to give them the same sops as India has given to other countries under bilateral trade agreements.

IT department opening units abroad

IT department is planning to open tax units in countries with low tax rates. While two units have already started functioning in Singapore and Mauritius, the rest will be operational by March.

Private telecom vendors put video calling on hold, await clarification on security concerns

Private telecom operators have reportedly put on hold 3G services like video calling and video sms, following a communique from DoT raising security concerns. A joint meeting of DoT, security agencies, 3G operators and vendors is being organized to resolve the issue.

government clears 8 FDI proposals, rejects 6

The central government has cleared eight FDI proposals, entailing investment of more than Rs 800 cr. While six proposals were rejected outright, decision on more than 10 proposals was deferred.

Andhra Pradesh passes MFI Bill

AP assembly passed the Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending ) Bill, 2010 on Tuesday night. It replaces the ordinance brought out by the state government in October.

Government taking steps to prevent misuse of phone tapping, leakage of phone intercepts in future

In order to allay fears of corporates, PM has asked Cabinet Secretary to report by next month on how to prevent misuse and leaking of phone intercepts, which may be resorted to for genuine reasons. He also said that legal mechanisms which already exist need more effective enforcement.

Bombay HC dismisses BCCI appeal, allows Rajasthan Royals to participate in IPL4

Bombay HC has dismissed an appeal by the BCCI, challenging the stay granted by the arbitrator, and allowed Raj Royals to participate in IPL4 auction to be held on Jan 8&9. Court has asked Raj Royals to file full details of its ownership pattern and mode of control by Jan 3, 2011.

Himachal HC cancels environmental clearance, land acquisition for cement plant

Himachal Pradesh HC has cancelled the environmental clearance granted to a proposed large scale cement plant in Mandi district. The court also struck down the 2009 notification issued by the state government for acquiring land for the unit, ignoring a wild life sanctuary located nearby.

PIL filed in SC to cancel 2G licences marred by corruption

A group of civil societies and individuals have filed a petition in SC for cancellation of telecom licences and 2G spectrum allocated by DoT during the tenure of a former telecom minister. They have submitted two judgments of Delhi HC and report of CAG to contend large scale irregularity and corruption.

Government seeks waiver of 1% commission on Vodafone money

DGIT has sought waiver from SC on 1% charge on withdrawal of Rs 2500cr of Vodafone tax money deposited with the court registry, contending that invocation of Entry26 of PartIII OF 3rd Sch of Supreme Court Rules 1966 would deprive it of a 'substantive sum'. Matter comes up for hearing on Thursday

CM not right in directing police official not to register FIR against moneylender, rules SC

SC has today ruled that former Maharashtra CM should not have interfered with the authorities by directing an SP not to register FIR on complaints made by Vidarbha farmers against a money lender MLA. It also enhanced the fine to Rs10 Lacs, to be paid by the state government to state legal authorities within 6 weeks.

India enters into agreement with Oman

India and Oman have entered into an agreement, under which the two sides will prepare a report on nine areas of cooperation for direct investment and technology transfer between the two countries.

IT department to send tax notice for past M&A deals

IT department is planning to send notices for payment of tax to some companies, whose M&A deals in the last few years have been scrutinized by the department for possible tax avoidance and tax evasion.

SEBI considering performance linked fee structure for MF schemes

Paying heed to investor grievances, SEBI is now considering a proposal to link the management fee, charged by a mutual fund, to the performance of the scheme. In August 2009, SEBI had banned mutual funds from charging money from investors to pay their distributors.

SC will ask centre to probe diversion of NREGA funds in Orissa

While hearing a public interest petition on diversion of NREGA funds in Orissa, filed by NGO 'Centre for Environment and Food Security', SC on Monday said it would order a probe by the central government into the allegation, and call the Orissa Chief Secretary personally to explain.

Companies can raise IFRS concerns with MCA before the switch

Min of Corp Affairs is planning to consult the companies, that are required to switch over to IFRS format from April 2011, to raise any concerns they might have prior to the switch. However, key amendments in taxation and Company law provisions, necessary for the convergence, are still pending.

New Community Radio Scheme in the offing

I&B ministry might consider providing seed money to fund community radio stations, if sustainability of such radio stations becomes a roadblock. Other initiatives would be speedy clearances for online applications, and developing a mechanism for content sharing and networking among different stations.

GoM to decide on new urea policy

A Group of Ministers has been convened on Jan 20, 2011, to discuss the urea policy which is keenly awaited. GoM is required to take a decision on whether to continue with the existing pricing scheme or to extend the nutrient based subsidy scheme to urea.

EGoM to meet on Dec 22 to discuss diesel hike

An Empowered Group of Ministers, headed by the FM, is slated to meet on December 22, to decide on effecting a hike in the price of diesel. The rising prices of crude oil in the international market, coupled with the perception that diesel is being misused by large SUVs, has necessitated the review.

Aviation study group to look at predatory pricing

government has formed a study group to define predatory fares, and to analyse how many passengers travelling on any given day had to pay those fares. If the airlines do not rationalize the fares and make proper disclosures, DGCA can take action under rule 37 of Aircraft Rules, said the aviation minister.

New KYC norms to require disclosure from politicians and civil servants

Under the new KYC regime w.e.f Jan 1, 2011, all existing and new MF investors will have to disclose if they are or have been head of state, MP, MLA, MLC, civil servant, bureaucrat or politician. The norms are being implemented to meet with Prevention of Money Laundering regulations.

Sc issues notice to government on functioning of child rights council

SC on Monday issued notice to the union government and women and child development ministry, on a PIL, highlighting that government has not still filled up all the vacancies of members on the National Commission for Protection of Child Rights, which came into being in 2007, thereby hampering its functioning.

SC admits petition against government move on OBC reservation

SC on Monday admitted a petition challenging the union govt's decision to raise creamy layer income limit for OBC's from Rs 2.5 Lacs to Rs 4.5 Lacs. Petitioner has contended that the move will result in the comparatively better off people among OBC's cornering all the reservation benefits.

RTE Act exemption for Navodaya Vidayalayas on the cards

Navodaya Vidyalayas are going to be exempt from two key provisions of RTE Act- no screening and 25% reservation requirement for children from EWS. Admission to these schools is for meritorious students, selected through a tough entrance exam by CBSE, and that cannot be diluted.

SC okays single common entrance test for all medical colleges

SC on Monday came out with the clarification that the Medical Council of India can go forward with a notification for a single common entrance test (CET) for admission to all government and private medical colleges. The test was held up because of several petitions pending in the SC.

Delhi HC ensures facilities for HIV+ patients

Acting on a petition by an HIV+ man, Delhi HC has directed Delhi government to reserve at least one bed in each hospital where dialysis facilities are available for such patients. As per its earlier direction in the case, union health ministry is going to provide dialysis facility in each Delhi hospital.

SC emphasises individual's right to live with dignity

Emphasising the importance of an individual's right to live with dignity, SC on Monday asked the government to produce the 'anti national activities' complaint against Niira Radia in court, so as to ascertain the real reason why permission was granted for tapping her phone.

Allahabad HC grants bail to Neera Yadav

Allahabad HC has granted bail to former UP chief secretary and ex-CEO of Noida Authority in a land allotment case. She had been sentenced to a four year prison term by a CBI court in Ghaziabad.

No customs exemption if import of goods not under a valid licence, rules SC

In case of M Ambalal & Co, SC has ruled that goods can't be imported into the country without a valid licence, and consequently such goods are not entitled to any customs exemption.

Ministry introduces 3 year defect liability period, third party check for national highways

Road transport and highways ministry has introduced a 3 year defect liability period for national highways, built or upgraded by state public works departments. For the first time, a third party quality check has also been made mandatory, for material and highways being constructed through states.

COMPAT stays CCI fine on Kingfisher, next hearing on Jan 20

Competition Appellate Tribunal (COPMPAT) has ordered interim stay on Rs 1 Cr fine imposed by CCI on Kingfisher Airlines, after Kingfisher complained that CCI had issued the show cause notice for failure to provide information one day before the time period granted for the purpose actually expired.

SC sets aside excise penalty on Pepsi Foods

SC has set aside a penalty imposed by excise authorities on Pepsi Foods Ltd, saying that there was no intent to commit fraud. Pepsi had sold some snack brands to Frito Lay, and started manufacturing these products on behalf of Frito Lay after 12.01.98, in respect of which the excise dispute arose.

SEBI readying new software to keep tabs on share market trades

Capital markets regulator SEBI is reportedly preparing new software to mount surveillance on social networking sites and blogs, where share trades are discussed frequently and tips are exchanged. Its application to the government for phone tapping has been rejected many times in the past few years.

Parliamentary Committee favours enlarging scope of norms on 'Vanishing companies'

Parliamentary Standing Committee on Finance has recommended that apart from companies raising money through IPO's, even those which collect money from public through deposits, insurance or chit funds etc, and disappear later, should be brought within the definition of 'vanishing companies'.

India asks for refund of shrimp exporters' money locked up in US bonds

India has urged US to refund approximately $30m of exporters' money locked up in Customs bonds, which were part of an anti dumping action taken by US authorities against shrimp exports from India in 2005. India had complained to WTO, which favoured scrapping of bond requirement.

193 countries sign new climate deal at Cancun

Leaders from 193 countries, including India, signed a new global climate agreement at Cancun, Mexico on December 11, 2010. The deal envisages a Green Fund, measures to preserve tropical forests, sharing of Green technology and help developing nations to adapt to climate change.

Offshore financial restructuring deals under the lT lens

IT department, along with foreign taxation wing of CBDT, has begun investigations into more than 100 offshore 'financial structuring deals' undertaken by Indian businesses in foreign tax havens. Government officials wish to ascertain that such investments were not made to avoid payment of tax.

Allahabad HC stays the arrest of actress Rakhi Sawant

Allahabad HC has stayed the arrest of Rakhi Sawant, on charges of abetting the suicide of a man who participated in the reality show 'Rakhi ka Insaf' in the hope of reuniting with his wife, but later ended his life.

Chhattisgarh government increases tribal quota in government jobs to 32%

Chhattisgarh government has increased reservation quota for tribals in government jobs to 32%, from the current 20%. Tribals form 32% of the state population.

Delhi HC asks government hospital to file fresh rules for tender for medicine shop on premises

Delhi HC has asked reputed government hospital AIIMS to file before it fresh rules for tender for medical shops on its premises, to sell medicines at subsidized rates to the poor. A petition filed by a public charity trust had complained that unreasonable conditions were being imposed in tender process.

Government to ensure equitable distribution of advertisements to various media

The I&B minister has said that government is working on a plan to ensure level playing field in the distribution of advertisements, in order to remove anomalies of a bigger share going to big publications, to the detriment of small newspapers and electronic media.

Gujarat HC rejects Vodafone demerger plan, gives company 2 weeks before order takes effect

Gujarat HC has rejected the proposal for demerger of the passive assets of Vodafone Essar Gujarat Ltd to Vodafone Essar Infrastucture Ltd, on a petition from the IT department. Vodafone has got a breather of two weeks from the high court, before the order takes effect. 

IT department sends notice to trading firms and corporate investors

IT department has reportedly sent notices to some prominent stock trading firms, as well as corporate investors, for under reporting income. This follows a practice under which, trading firms which paid large amounts of STT, transferred a part of the STT to corporates to help them lower their tax.

Environment ministry, DRDO show red flag to proposed Orissa ports

Orissa govt's plans to develop a series of ports in the state have run into trouble, with the environment and defence ministries opposing 5 ports. While DRDO has cited security concerns on 4 sites, environment ministry has not cleared 1 port as it is close to a nesting site for Olive Ridley turtles.

Government may remove cap on investment by PSUs on acquisitions abroad

government is contemplating removing the cap on 'investment in a single project' to facilitate global acquisitions by public sector units. Right now, there is a cap on the percentage of its net worth that a PSU can invest on any single acquisition abroad, which may be relaxed on 'case by case basis'.

Allahabad HC extends Ayodhya status quo deadline till February 15

Full bench of the Allahabad HC on December 10 extended the status quo on Ayodhya verdict to February 15. The earlier deadline for the status quo, as per the September 30 verdict, was December 30.

Probes launched to clean up rot and aid investors, clarifies SEBI chairman

SEBI chairman has clarified that price rigging probes by his agency, in coordination with other government departments, have been launched to clean up the rot in the system. SEBI has charged some brokers and promoters with price manipulation, reportedly on the information provided by intelligence agencies

Parliamentary Committee Report recommends protection of composers' & lyricists' rights

A Parliamentary Standing Committee Report on Copyright Amendment Bill, tabled in LS and RS recently, has recommended that composers and lyricists be allowed to retain rights over their work in a film. Currently only producers and movie companies earn by using the songs on various platforms.

India wants Germany to relax high technology trade

PM Manmohan Singh has asked Germany to relax some of the controls on its export laws, as there is tremendous potential for high technology trade between the two countries. Removal of restrictions on transfer of high technology for peaceful purposes can benefit bilateral trade between the two.

Delhi hospitals phasing out hazardous mercury based apparatus

Hospitals in Delhi are taking steps to phase out hazardous mercury based equipment from day-to-day operations as per a directive from Pollution control Board, as safe disposal of toxic waste is a recurring problem. Delhi government has identified 2 firms to recycle the discarded mercury based apparatus.

Tremendous response to Delhi HC's Lok Adalat

Delhi high court settled around 1300 cases at a weekend Lok Adalat held on December 11. The cases mostly pertained to electricity, as well as civil, criminal and writ petitions. The response was so tremendous that the Adalat worked till 6 pm to resolve as many cases as possible.

India signs up for natural gas pipeline from Turkmenistan

India signed a four nation natural gas Inter government Agreement on December 11, which involves building a pipeline through Afghanistan and Pakistan to bring natural gas from Turkmenistan to India. Price of gas, security of pipeline, transit fee etc are yet to be worked out.

Draft RTI Rules open for comments till December 27

Department of Personnel & Training has come out with new draft rules for amending the RTI Act. Public comments are invited till December 27. New Rules call for limiting application to one subject, adhere to limit of 250 words, payment of charges if public authority incurs costs

    

INTERNATIONAL NEWS

UK High Court decision: Temporary immigration cap is unlawful

Britain's government  said it could appeal an HC decision that ruled a temporary limit on the number of non-Europeans allowed to work in the U.K is unlawful.

Two justices ruled that the quota imposed while legislators debated plans for a permanent cap being introduced in April had not been subjected to proper scrutiny by Parliament and was invalid. Britain set the temporary limit in June, capping at 5,400 the number of skilled workers from outside Europe allowed entry without the offer of a job. From April, the number of non-EU nationals permitted to work in the U.K. will be capped at about 22,000 .A reduction of about one-fifth from 2009.Immigration minister Damian Green says the government  will appeal, if it has grounds.

Assange lawyers ready for high court battle

Julian Assange's British lawyers are preparing for a high court battle with Swedish prosecutors to prevent the WikiLeaks founder being kept behind bars for at least two months.

The Westminster magistrates court granted Mr Assange bail overnight, but the euphoria was short-lived after the internet activist was told Swedish prosecutors had launched an appeal. Mr Assange is wanted in Sweden on four counts of sexual assault based on the claims of two women.

The extradition hearing is set down for early February and prosecutors in Sweden argue Mr Assange should stay in jail in the meantime because he cannot be trusted to show up when called to court. He will remain in solitary confinement in London's Wandsworth jail.

Sharjah Appeals Court fixes Dec 30 for next hearing

Appeal by 17 Indians on death row in Sharjah, in the Sharjah Appeals Court, has been postponed to December 30, as the concerned police officials were not present.However, prosecution presented a CD, which will now be analysed by defence for cross examination purposes. 

EU begins anti trust probe against cement manufacturers for suspected price fixing

European Commission has reportedly commenced anti trust probe against four global major cement manufacturers, as well as some smaller ones, suspecting them of colluding to fix prices and block foreign imports.

Man faces court over millions of child porn images

A Hobart man has been charged with possessing 2.1 million child exploitation images.

The 47-year-old from West Hobart is due to appear in the Hobart Magistrates Court in February. Detectives say investigations are continuing and they expect to lay more charges.

Man held for selling mentally ill as bonded labour in China

Authorities in southwestern China's Sichuan province have uncovered a rare crime: the selling of mentally ill as bonded labour. Zeng Lingquan, the owner of a shelter for mentally retarded was detained for allegedly selling the sick inmates to a factory making talcum powder and quartz sand.

Zeng had allegedly sold 12 of the inmates in his care to the factory before he was caught. The factory located in Toksun County of Xinjiang Uygur Autonomous Region paid no wages and made the mentally ill work in hazardous conditions throughout the year, the authorities said.

But the sick workers have not yet been rescued. The factory owner, Li Xinglin, has fled taking about a dozen mentally disabled workers with him, local officials said. Li's wife is in police custody while a hunt is on to catch him. The scandal came to light after some press reporters went to the factory under the guise of studying pollution conditions, the report said. The authorities in Quxian Country in Sichuan have admitted that the shelter for the mentally ill operated without a license.

New Zealand backs away from legal action against Japanese whaling

The New Zealand Foreign Minister announced that his country will not join Australia in taking legal action against Japan over its whaling in the Southern Ocean.

Murray McCully said this is not a snub to the Australian government  and that if New Zealand were to be a party to the action, Australia would lose its entitlement to choose a judge to sit on the case in the International Court of Justice. And Australia's Foreign Minister Kevin Rudd says New Zealand remains a strong partner in the bid to stop illegal whaling.

Inhuman treatment of people and illicit trafficking in human organs in Kosovo

The Committee on Legal Affairs and Human Rights of the Council of Europe Parliamentary Assembly (PACE) is expected to adopt a report on the inhuman treatment of people and illicit trafficking in human organs in Kosovo. The report, which will be made public following its adoption by the committee, should then be debated by the Parliamentary Assembly next year.

In April 2008, seventeen parliamentarians signed a motion for a resolution calling on the Assembly to examine some of the allegations made by Carla Del Ponte, former Prosecutor of the International Tribunal for the Former Yugoslavia, in her recently published book. The matter was referred to the Assembly's Committee on Legal Affairs and Human Rights.

Court rejects appeal seeking bigger US House

US Supreme Court has rejected an appeal that calls for greatly increasing the House of Representatives to reduce discrepancies in the population of congressional districts from one state to another. The justices ordered a lower federal court to dismiss a lawsuit from Mississippi. The suit said House districts vary widely in population, in violation of the principle of "one-man, one-vote."

Court tie vote sustains ruling against Costco

US Supreme Court has left in place a ruling that found Costco violated U.S. copyright law by selling a line of Omega watches at cut-rate prices without the Swiss watch maker's permission.

The court split 4-4 Monday on Costco's appeal of a lower court ruling. The tie vote upholds that ruling, but does not create a precedent on the issue.

New Justice Elena Kagan did not take part in the case because she worked on it while serving in the Justice Department before joining the court. It is the first 4-4 vote in 20 cases the court has so far heard without Kagan. Only two of the others have been decided.

Court won't get involved in NY lawyer ad fight

US Supreme Court will not get involved in a New York dispute over whether officials can curb some law firm television commercials. The court refused to hear an appeal from New York officials who passed rules that would curb some television commercials from local law firms.

The 2nd U.S. Circuit Court of Appeals struck down much of the state's proposed regulations, which included bans on client testimonials or paid endorsements, and nicknames, mottos or trade names that suggest an ability to obtain results.

Personal injury firm Alexander & Catalano and advocacy group Public Citizen Inc. challenged the rules. The firm wanted to be known as "The Heavy Hitters" but abandoned the motto for fear of running afoul of the new rules.

Court rejects Alabama appeal in murder-for-hire case

US Supreme Court has rejected an appeal from Alabama to reinstate the death sentence for a man convicted of a $100 murder-for-hire more than 20 years ago.

The court left in place a federal appeals court ruling that set aside the death sentence for James Charles Lawhorn because of his lawyer's poor work in the penalty portion of the case. Three justices - Samuel Alito, Antonin Scalia and Clarence Thomas - said they would have reversed the ruling by the 11th U.S. Circuit Court of Appeals in Atlanta. The appeals court upheld Lawhorn's conviction for killing William Clarence Berry in 1988. Berry was the boyfriend of Lawhorn's aunt, who said she wanted Berry dead because she was scared of him. Earlier, a federal judge overturned Lawhorn's conviction, ruling that his confession had been obtained improperly.

Obama Health Care Law Ruled Unconstitutional

A federal district judge in Virginia has ruled that a portion of the recent federal health care reform law violates the United States Constitution. The judge found that the law's requirement that private individuals purchase insurance, known as the Minimum Essential Coverage Provision, exceeded the congressional authority to regulate interstate commerce.

Chavez seeks power to rule by decree for 1 year

Venezuelan President Hugo Chavez asked Congress Tuesday to grant him special powers to enact laws by decree for one year, just before a new legislature takes office with a larger contingent of opposition lawmakers. The measure, which quickly received initial approval from the overwhelming majority of pro-Chavez lawmakers, would give the president the authority to bypass the National Assembly for the fourth time since he was first elected almost 12 years ago.

Vice President Elias Jaua made the request on Chavez's behalf, saying the president will use the authorization to ensure fast-track approval of laws aimed at helping the nation recover from severe flooding and mudslides that left thousands homeless and in government  shelters.

Only five of the assembly's 165 lawmakers voted against the proposal Tuesday. The legislature, which is dominated by Chavez allies, is expected to give final approval to the measure before the end of the week. Chavez's opponents accuse him of using the natural disaster to impose socialist-inspired measures and undermine the power of newly elected opposition lawmakers .Decrees planned in the next two weeks include laws to speed construction of housing and roads and increase the value-added tax. A draft of the law says Chavez is also seeking powers to issue decrees in areas including the country's "socio-economic system," telecommunications, the banking system, information technology, the military, rural and urban land use, and a "new geographical regionalization of the country."

Canada forces dismiss ex-colonel in murder case

The Canadian military said that it has taken the final steps to officially dismiss from the forces former Col. Russell Williams, who was convicted of murder and sexual assault.

The Department of National Defense said Williams's two medals and an official document confirming his appointment were retrieved from his family, completing the process of cashiering him out of the military. 

Williams was sentenced last month to life in prison after pleading guilty to two counts of first-degree murder, two sexual assaults and 82 counts of breaking-and-entering, during which he stole undergarments from women and young girls. His sentence carries no possibility of parole for 25 years. 

The military stripped the former elite pilot of his rank after his conviction but were still in the process of retrieving his two medals at the time - one of which was for serving at least 30 days in Afghanistan.

When Williams pleaded guilty last month to murdering Jessica Lloyd, 27, and Marie Comeau, a 37-year-old corporal under his command, Canadians were exposed to the graphic details of the murders. Both women were beaten, tortured, raped and then asphyxiated. Williams videotaped and photographed their ordeals, one of which lasted a day and a half, and saw the women pleading for their lives.

Along with the murder and sexual assault charges, the court heard about Williams's double life of commander by day and burglar by night, with a fetish for stealing women's undergarments. Williams took pictures of himself in the women's bedrooms, posing in their underwear. He then meticulously catalogued the photos on a hard drive and stored the undergarments in his home.

Canadian court hikes terrorists' sentences

A Canadian court increased the sentences for three convicted Islamic terrorists and ordered the extradition of two Sri Lankan men facing terrorism-related charges in the U.S. in a series of judgments.

The Ontario Court of Appeal raised the sentence of Mohammed Momin Khawaja from 10 1/2 years to life in prison for participating in an al-Qaida-inspired plot to bomb British targets in 2004. Khawaja must now serve at least 10 years before being eligible to apply for parole. The 31-year-old Canadian was accused of collaborating with a group of Britons in a thwarted 2004 plot to attack London's Ministry of Sound nightclub, a shopping centre and electrical and gas facilities. The suspects were all of Pakistani descent.

Khawaja was convicted of five charges under Canada's terrorism laws, including financing training at a camp in Pakistan and providing a house and other assistance to his five conspirators in Britain - all of whom received life sentences after being convicted by a British court. The appellate judges said that the original trial judge who sentenced Khawaja had seriously underestimated his fanaticism and the role model he could become for future jihadists.