News

NATIONAL NEWS

Simplification of issuing Director Identification Number (DIN) process

In order to cut timelines and to bring transparency in service delivery, the Ministry has simplified Procedures & Rules. Accordingly, DIN applications are required to be filed in e-form DIN-1 which has to be digitally signed & supported with the scanned documents.

Delhi Government has passed the Bill providing for accountability in the government services

Delhi Assembly has passed the Delhi (Right of Citizen to Time-Bound Delivery of Services Bill), 2011 ensuring the right of a citizen to a time-bound delivery of services of departments of food & supplies, transport, trade & taxes, the divisional commissioner's office, NDMC and the MCD.

Modified Manual of Patent Office Practice and Procedure

The Office of Controller General of patents, designs & trademark has released the modified manual of patents office practice & procedure codifying the patent office practices and procedures, in order to bridge any information gap that currently exists in this regard & serve as a procedural guide.

Delhi High Court rejects private educational institution plea on land subsidy

Delhi high court has held that the mode of disposal of the nozul land would continue to be by way of auction while rejecting the plea for allotment of the nozul land at the cheaper rate.

Tenets of religion cannot invalidate a marriage, which is otherwise legal

A Delhi trial Court judgment held that the marriage of an Indian Christian priest cannot be invalidated just because his religion makes him take the vow of celibacy. Also, held that to marry is a fundamental right of a person, being an integral part of right to life and personal life.

Larger Bench to be constituted to decide on jurisdiction of the Delhi High Court

In a situation where disputes arises in other States but the decision making authorities are situated at Delhi, often issue relating to territorial jurisdiction is raised. In the case attached herein this issue has been referred to larger bench.

Validity of the Provisions of Right of Children to Free and Compulsory Education Act 2009

The Supreme Court will take up batch of Petitions challenging the validity of the Provisions of Right of Children to Free and Compulsory Education Act, 2009 on 29th March 2011.

Dispute over acquisition of Bellary Steel now before the Apex Court

The dispute over the acquisition between JSW Steel and Vedanta Group’s mining subsidiary Sesa Goa has now reached the Apex Court. An appeal has been filed by JSW against Delhi High Court’s order accepting Sesa Goa’s bid.

Bill to prevent Corruption relating to bribery of foreign public officials tabled in Lok Sabha

Lok Sabha has introduced Prevention of Bribery of Foreign Public Officials and Officials of Public International Organizations Bill, 2011 proposing to prevent corruption relating to bribery of foreign public officials & officials of public international organizations.

Revised Pension Bill tabled in Lok Sabha

Most awaited Revised Pension Bill finally has been tabled before the Lok Sabha. The Bill aims to formalize a regulatory entity for the sector to oversee the National Pension System and impose penalties for any violation of legislative provisions, rules and regulations.

Orissa will hereafter be called as 'Odisha'

Parliament has approved the new name for the state after having approved Constitution (one hundred and thirteen ) Amendment bill and Orissa (the alteration of name) bill.

The Regulation of Factors (Assignment of Receivables) Bill 2011 tabled in Lok Sabha

The Bill provides for empowering RBI to issue directions, call for information from the factor and prohibit the financial institutions from undertaking factoring business and if the factor fails to comply with the directions given by the RBI.

Lok Sabha has passed the Institutes of Technology (Amendment) Bill

Lok Sabha has passed the Bill providing status of IIT to eight new institutes and upgrade BHU Institute of Technology into IIT.

SEBI directions to watch unauthenticated news circulated through various modes of communication

SEBI Registered Market Intermediaries has been directed to frame a Proper internal code of conduct for employees working in the Offices restricting them to circulate rumours or unverified information obtained from client, industry, any trade or any other sources without verification.

Delhi Court allows CBI plea to extradite Anderson

A Delhi trial court has allowed CBI plea for extradition of former union carbide corporation chairman, accused of bhopal gas tragedy case, from the united states deeming it expedient in the interest of justice.

Finance Ministry rejects the RBI's proposal to restrict FDI in new banks to 49%

The roll back of the current FDI norm from 74% to 49% as suggested by the RBI in it's draft guidelines has been opposed by the ministry contending that it will not send a good signal to investors and is avoidable.

Government of Maharashtra has doubled the stamp duty on the equity transactions

In a bid to simplify the process of collecting the duty, state finance minister has proposed a uniform duty of 0.005% on all equity transactions over the current average of 0.0024% in the cash segment and 0.002% in the derivatives segment.

Receipt of compensation attributable to a negative/restrictive covenant is a capital receipt: SC

The Finance Act, 2002 itself indicates that during assessment years prior to 1.4.2003, compensation received by the Assessee under non-competition agreement was a capital receipt and are not taxable under the 1961 Act. It became taxable only with effect from 1.4.2003. (Guffic Chem P. Ltd. V. C.I.T)

Lok Sabha passes the Finance Bill 2011 with amendments

The finance bill 2011 has been passed by the Lok Sabha after having rolled back the Service tax on hospitals and diagnostics services until GST come into force and reducing the impact of the 10% excise duty on branded garments by increasing the abatements rates from 40% to 55%.

Service tax on Rail freight deferred by three months 

The central government has decided to defer a decision on levying service tax on transport of goods by rail to July 1 due to the pressure from railway minister and concerned over rising inflation. This is the fourth time that the government has postponed a decision on service tax on rail freight which was intially meant to be implemented from April 1, 2010. 

Finance Minister rollbacks service tax on healthcare goes

Finance minister Pranab Mukherjee on Tuesday rolled back the controversial 5% service tax on high-end hospitals and certain diagnostic services saying that it has been decided to exempt the new levy in its entirety, both in respect of services provided by hospitals as well as by way of diagnostic tests until GST comes into force, The Bill was later passed by the House.

GST: Constitution (One Hundred and Fifteenth Amendment) Bill, 2011 introduced in Lok Sabha

Lok Sabha has introduced the said bill proposing to amend Constitution in order to confer simultaneous power on parliament as well as the state legislatures including every union territory to make laws for levying goods and service tax on every transaction of supply of goods and services both.

Lok Sabha has introduced Banking Laws (Amendment) Bill, 2011

Banking Laws (Amendment) Bill, 2011 proposes to amend Banking Regulation Act, 1949 the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 and to make consequential amendments in certain other Acts.

National Capital Territory of Delhi Laws (Special provisions) Bill, 2011[Bill No. 19 of 2011]

In order to make special provisions for the National Capital Territory of Delhi for a further period up to the 31st December, 2011, the Lok Sabha has introduced, considered and passed the National Capital Territory of Delhi Laws (Special provisions) Bill, 2011 on 18 March, 2011

Notice of Amendments likely to insert new clauses in the Finance Bill 2011

As per our sources, an amendment has been proposed to be introduced in S 40A and 115BBD of the Income Tax Act, 1961. Similarly changes have also been proposed in Section 114A of the Customs Act.

All India Bar Examination results declared; 71.3% candidates qualify

Gopal Subramanium, chairman of BCI, announced on Saturday that over two-thirds of the 20,636 candidates qualified the exam, held on 6th March. The exam is to be held in Chennai on 27th March. BCI has proposed to CBSE to offer law as an optional subject to students of Class 10th/12th.

AP High Court suspends orders issued by Kadapa authorities

AP HC on Sunday suspended the orders issued by the authorities of Kadapa district directing all the persons provided with armed security guards and who are not voters in the MLC LAC polls to leave the place of voting.

SC stays proceeding against Talwars in Arushi murder case

SC on Saturday stayed Allahabad HC’s order which allowed Nupur and Rajesh Talwar to be tried by prosecutors as the accused in murder of Arushi and Hemraj. Court is yet to set the next date to hear the matter further.

Allahabad High Court directs Jat protesters to clear railway tracks and roads

The Lucknow bench of Allahabad HC on Friday directed Jat protesters to clear the railways tracks and roads, and also directed Union Home Secretary, UP Principal Secretary and director general of police to take necessary steps to ensure the same or else be held individually liable.

SC upholds conviction order of former British Navy officials for abuse of homeless workers in Mumbai

SC on Friday upheld the conviction order of Ducan Grant and Allan Waters passed by Trial Court in 2006, for sexual abuse of homeless workers at shelters in Mumbai. 

SEBI has introduced Listing Agreement for Securitized debt Instruments

In order to bring transparency in the listing of the securitized debt instruments, SEBI has decided to introduce Listing Agreement for Securitized debt Instruments enhancing information available in the public domain on performance of asset pools on which securitized debt instruments are issued.

SC has reserved its verdict on cancellation of the 2G licences

Verdict on petition seeking cancellation of the 2G spectrum allocation after questioning the first come first serve policy has been reserved by the bench comprising GS Singhvi and AK ganguly.

RBI confers infrastructure status to "Telecom Towers" for NBFC Funds

In an effort to support funding for telecom facilities, RBI has decided to include “Telecom Towers” within the definition of the term “Infrastructure Loan” as an infrastructure facility for availing credit facility from an non-banking finance firms .

Interest rates on Provident Fund balances increased to 9.5 percent

The Government has approved an increase in interest rates on provident fund balances by one percent i.e. to 9.5 percent for the current financial year.

Six Additional Judges Appointed to the Bombay High Court

In exercise of the powers conferred by Constitution of India, the President has appointed six new additional judges to the Bombay High Court increasing the total strength to 61.

Amendments may be introduced in the Apprentices Act, 1961

Government is considering to amend the Apprentices Act, 1961. One of the amendments proposed is to reserve 50 percent direct recruitment posts for trained Trade, Graduate, Technician and Technician (Vocational) apprentices trained under Apprentices Act 1961 in the same establishment.

Amendments suggested to the legislations governing the Prasar Bharti Board

Board has proposed changes to the legislations governing the broadcaster and funding pattern to replace the existing provision requiring it to meet 50% of the operating expenses and 100% of the expenses for work related to programming.

No relief to Nirma Ltd against the Notice issued by the Ministry of Environment and Forests

Gujarat HC has refused to stay the notice by Ministry asking Nirma Ltd to immediately stop construction on its cement, captive power and coke oven plant in the bhavnagar district

P J Thomas petitioned President seeking opinion on the legality of the SC judgment

It has been pleaded that the minimum number of the judges required for the interpretation of constitution is five and to this effect judgment on the CVC given by the three judges is void, therefore only president can consult SC on the legality of the judgment invoking Article 143.

RBI Mid-Quarter Monetary Policy Review: March 2011

RBI has decided to increase the repo rate under the liquidity adjustment facility (LAF) by 25 basis points from 6.5 per cent to 6.75 per cent with immediate effect and reverse repo rate under the LAF by 25 basis points from 5.5 per cent to 5.75 per cent with immediate effect.

FDI Policy likely to be liberalized incase of JVs, technical collaborations

The new policy intending to prevent monopolistic tendencies of certain Companies will be implemented from April 1. It will be released on March 31 and is likely to do away with Press Note No 1 of 2005.

A petition moved before SC alleging Vodafone PLC of violating FDI norms

The Centre for Public Interest Litigation has moved before the Apex Court alleging Vodafone of violating FDI norms while purchasing controlling stakes in Hutchison Essar.

Law commission to seek public opinion on dowry law review 

The Law Commission has decided to seek the opinion of different sections of society on its proposed review of stringent provisions of the anti-dowry law, which faces widespread complaints of misuse. The Law Commission is considering changes in the section 498A of the Indian Penal Code, which deals with physical and mental cruelty by husbands and their relatives against wives over dowry.

SC raps Government for opposing SIT

The Supreme Court has criticised the government’s objection to the formation of a Special Investigating Team (SIT) to investigate black money abroad, considering the fact that the agencies involved are still not able to answer the “fundamental question” about the source of the money. The Apex court has directed the Centre and the state government to provide adequate protection to Hasan Ali Khan, facing probe for allegedly stashing away black money abroad and evading taxes, and his family.

INTERNATIONAL NEWS

Delay of DADT review

The US Court of Appeals for the Ninth Circuit has been asked to delay its review of an order striking down the military's"Don't Ask, Don't Tell" policy (DADT) because the policy will soon be ended. President Barack Obama has signed a legislation that would repeal DADT. Due to this, the USDepartment of Justice(DOJ) has requested that the USDepartment of Defense(DOD) be granted more time to train the troops and take further measures outlined by Congress before the court officially rules on the case.

Statement of dying victim admissible at Trial

In Michigan v. Bryant it has been ruled that preliminary inquiries of a wounded citizen regarding its perpetrator and circumstances thereof are non-testimonial evidence, rendering them admissible in Court but the Michigan Supreme Court reversed the ruling stating that the testimony was inadmissible hearsay in violation of the Confrontation Clause of the Sixth Amendment which gives criminal Defendants the right to confront witnesses in a court of law. However Justice Sonia Sotomayor stated that Covington's statements were admissible and not barred by the Confrontation Clause because they were not testimonial statements, but were statements given to enable police assistance to meet an ongoing emergency and were not investigatory in nature.

Definition of cocaine -base

Whether the term "cocaine base" in the Federal Sentencing Guidelines is limited to "crack" cocaine or encompasses all forms of cocaine chemically classified as a base has been considered by the US Supreme Court in Depierre v US and the same has been ruled that "cocaine base" refers to "all forms of cocaine base, including, but not limited to crack cocaine."

Resumption of Berlusconi's tax fraud trial

The trial of Prime Minster Silvio Berlusconi on tax fraud charges has been resumed after the Constitutional Court modified a law that would have granted Berlusconi and other public officials temporary immunity while holding the office.Now the Courts has been provided the power to assess the severity of the charges to determine if each separate charge is a legitimate impediment to performing official duties.

No insurance rates set on gender

It has been ruled by the European Court of Justice that an EU directive allowing insurance companies to charge men and women different rates in some countries violates the Charter of Fundamental European Rights and must be struck down. Article 5(2) of Directive 2004/113/EC provides that, notwithstanding rules in the directive prohibiting discrimination, EU states may "permit proportionate differences in individuals' premiums and benefits where the use of sex is a determining factor in the assessment of risk based on relevant and accurate actuarial and statistical data." The ECJ found this exception incompatible with Articles 21 and 23 of the Charter, which prohibit discrimination based on sex.

Indegenious land suit to be heard by Malasian Court

A lawsuit that was brought on behalf of indigenous peoples of Borneo claiming that the Sarawat State Government unconstitutionally took their land and sold it to businesses has been admitted by the Malasian Federal Court. The suit claims that the acquisitions, effected pursuant to the Sarawat land code, violate Article 5 of the Malaysian Constitution which provides in part that "no person shall be deprived of his life or personal liberty save in accordance with law," and Article 13, which requires adequate compensation for the taking of land. Therefore keeping in mind the sentiments of such people a more just monetary compensation is asked for by their lawyers.

Google books agreement blocked by US Court

The US Court blocked the agreement between Google and publishers over the web firm's publication of books online. This deal was negotiated by Google to settle a six-year-old class action suit claiming infringement of copyright. But the New York Court said the deal would give Google an unfair competitive advantage. The US Department of Justice has approved the ruling saying it was right.

Budget announces change in fuel duty

Motoring costs should fall for families and businesses as a result of fuel duty changes announced in the Budget. Chancellor George Osborne announced a 1p per litre cut in fuel duty while also cancelling a fuel duty escalator and delaying other planned duty rises. This cut is set to be financed by taxing the oil industry. However this approach has received a cold shrug from the petrochemicals industry which is shocked to now be hit by a tax increase that raises the tax rate to at least 62%. Moreover it is asserted that this will decrease investment, increase imports and drive UK jobs to other areas of the world.

A ban on petrol and diesel cars by 2050- rejected by UK

The EU called for a ban on petrol and diesel cars from city centres by 2050, but the same was rejected by UK. The EC called for such actions as they feel cutting down cars from urban areas would cut reliance on oil and help cut carbon emissions by 60%.For this it wants half of "middle distance journeys" between cities to shift from road to rail.