• NATIONAL NEWS

Friday the 29 Apr 2011–High Courts of Delhi and Gauhati stayed imposition of Service Tax on lawyers

Last Friday, the Hon’ble High Courts of Delhi and Gauhati provided interim stay on imposition of Service Tax on lawyers till the next date of hearing i.e. 23rd and 25th May 2011, respectively.

Pre-impeachment probe against Sikkim High Court Chief Justice stayed by the SC

The Supreme Court has stayed the pre-impeachment probe by a Rajya Sabha-appointed panel into allegations of judicial misconduct and corruption against Sikkim High Court Chief Justice P D Dinakaran.

Assessee not liable to pay interest upon failure on the part of employer to deduct TDS: Uttarakhand HC

The Uttarakhand HC has held that upon failure on the part of the employer to deduct tax at source, the assessee only becomes liable to pay the tax directly under Section 191 of the Act and does not become liable to pay interest under Section 234B of the Act.

Delhi Government likely to make Registration for job placement agencies mandatory

In order to regulate the mushrooming business of the placement agencies, the Labour department has decided to not to allow job placement agencies to function without registration under the shops and establishment Acts.

Delhi HC has began the contempt proceedings against striking pilots

The Delhi High Court has issued show cause notice to striking Air India pilots for defying its order to resume work as AI authorties moved the court seeking contempt proceedings against the pilots for not resuming work as per the court order.

Private practice by the Government Doctors would not constitute Criminal offence: SC

The Apex Court has held that if the government doctors violates the government order banning private practice, than it would fall within the ambit of misconduct to be dealt under service rules but would not constitute criminal offence under prevention of corruption Act. 

CBDT has prescribed the Procedure for regulating refund of excess amount of TDS deducted

CBDT has prescribed the procedure for regulating refund of amount paid by the deductor in excess of the tax deducted at source (TDS) and/or deductible in respect of TDS on residents covered under sections 192 to 194LA of the Income-tax Act, 1961 

RBI Norms for Calculation of Capital Charge for Operational Risk

RBI has released fresh norms for tightening the risk management of banks, asking them to scale up to the Basel II norms. The Advanced Management Approach norms so released guides banks to measure operational risk & migrate to the next stage of the capital adequacy requirements. 

A section of any park can be used as a playground: Del HC

Delhi High Court has ruled that no one can prohibit childern from using a park as a playground and a section of any park can be used as a playground while dismissing a plea of group of Rajender Nagar residents for an order restraining MCD and DDA from covering a portion of Park.

Guidelines to determine legality of acquisition proceedings by Govt & its agencies prescribed by SC

A bench of justices G S Singhvi and A K Ganguly has held that govt is deemed to have acquired the land legally even if mere physical possession is taken in front of five witnesses and a 'panchanama' (document) prepared. 

MCD councillor moves to Delhi HC challenging mayor elections

A city councillor has moved to the Delhi High Court seeking disqualification of Mayor Rajni Abbi on the ground that she was holding an additional post of profit on the date of her election.

New Internet rules notified under information Technology Act puts restrictions on Intermediaries

Rules notified on April 11 has been made applicable to intermediaries, through which access to content will be controlled. Accordingly, intermediaries are required to disable information that is in contravention of the prescribed restrictions within a limited time frame. 

Mere tax evasions does not constitute a valid ground for interception of phones

In a clarification issued by the cabinet secretariat it has been stressed that law doesn’t permit use of telephone tapping & monitoring of conversations to merely detect tax evasions and there are specific laws & rules with provisions for detection of unaccounted wealth and evasion of taxes.

M & A Norms governing mergers and acquisition likely to be effective from 1st June

The regulations governing the mergers, acquisition and combinations under Competition Act are likely to be finalized by 1 May, and implemented from 1 June.

Exemption to the services provided by a Hotel, Inn, Guest House, Club or Campsite w.e.f 01.05.2011

Central government exempts the taxable service as referred to in sub-clause (zzzzw) of clause (105) of section 65, when the declared tariff for providing of such accommodation is less than rupees 1000 per day from the whole of the service tax leviable. 

Exemption to the Health services provided by the Clinical Establishment w.e.f 1st day of May, 2011

Central government has exempted the taxable service referred to in sub-clause (zzzzo) of clause (105) of section 65 of the Finance Act, from the whole of the service tax leviable.

Minor loopholes and irregularities in the investigation process cannot form the crux of the case: SC

One cannot just reply upon minor loopholes & irregularities in investigation to prove his innocence when there are strong circumstantial evidences deduced from the said investigation which logically and rationally point towards the guilt of the accused 

An arbitration clause in a contract would not exclude the power of HC or SC to decide disputes: SC

The Apex court has held that an alternative remedy is not an absolute bar to the invocation of the writ jurisdiction of the High Court or the Supreme Court and that without exhausting such alternative remedy, a writ petition would not be maintainable. 

Exemption to the preschool coaching and training from the whole of the service tax w.e.f 01.05.2011

Central govt has exempted the preschool coaching and training leading to grant of a certificate or diploma or degree or any educational qualification which is recognised by any law for the time being in force, when provided by any commercial coaching or training centre from service tax. 

Exemption to services provided u/s. 65 (105) (s), (t) and (u) stands withdrawn w.e.f 01.05.2011

Central government has rescinded the Notification No.25/2006-Service Tax, dated the 13th July providing exemption to the services provided by the Chartered Accountants, Cost Accountants and Company Secretaries. 

Legislations to reform the judicial system likely to be brought before the next Monsoon Session

‘Right to Justice’ Bill proposing to make justice a part of the rights of the people, so that there should be no injustice to any citizen in the country by way of denial of justice is likely to be introduced in the monsoon session.

Students lacking in attendance cannot be granted relief of taking the exams: Del HC

Delhi HC has refused to condone the lack of attendance in classes saying that student having admittedly not attended the minimum number of practical classes cannot be granted the relief of taking the exams.

CBDT likely to change rules with regard to PAN requirement in cash transactions

In order to track the investment pattern and curb the black money transaction, the IT Department is likely to make quoting of PAN in documents for sale and purchase of bullion or jewellery involving cash transfer of Rs.5 lakh or more mandatory.

MCA permits service of the document by e-mode instead of under posting certificate as provided under section 53 of the ACt

MCA has clarified that a company would have deemed to have complied the section 53 providing for service of documents under ‘certificate of postings’ as acceptance mode of service, if the service of document has been made through electronic mode subject to conditions provided therein.

SC questioned the Govt asking why its probe was focused only on Hasan Ali accused

SC has expressed its displeasure over the its belated and tardy investigations into black money issue saying it seems that there is only one person who has bank account in the Switzerland and no other person’s account has come under suspicion in swiss bank

Karnataka govt move to SC to reconsider its decision to lift ban on iron ore exports from state

The Apex court has agreed to hear appeal filed by the state government pleading it to reconsider its recent decision of lifting the ban on iron ore export from the state

SC cancels the bail granted to former satyam auditors

The supreme Court has cancelled the bail granted to two auditors, gopalakrishnan and gupta accused in the satyam scam , by the AP HC

Simplified Procedure for amalgamation of Government Companies U/s 396 of the Companies Act, 1956

Ministry of Corporate Affairs has laid down the simpler procedures for the amalgamation of Government Companies in the Public Interest under section 396 of the Companies Act, 1956 

Courts can decide legality of Govt decisions, but cannot substitute its views in policy matters: SC

The Apex Court has held that govt is free to frame guidelines & Court cannot interfere in it, while allowing an appeal challenging a HC decision which had struck down cabinet decision on discontinuance of certain vocational training courses being run under the aegis of govt by private institutes.

SC slams Plan Panel over a huge gap between poverty eradication measures & spread of problem

The Apex Court has expressed its displeasure over the failure of the PDS system to percolate down to the intended beneficiaries & questioned the commission why cannot they have the computerized PDS mechanism to stop pilferage, as coexistence of the growth & hunger is unacceptable

Word “Darjeeling” not the exclusive right of the tea board: Cal HC

Cal HC has held that word “Darjeeling” is not the exclusive right of the tea board saying that GI proprietors should be realistic in enforcing the GIs and dilution component in GI would practically have no application unless directly related to the goods for which the GI is protected.

• INTERNATIONAL NEWS

Fines Against Imprisonment ; Russia

Introduction of fines instead of prison terms for minor crimes was supported by Russia's Supreme Justice Vyacheslav Lebedev. He also emphasised that poor collection of fines violates the principle of unavoidability of punishment. "Fines are a good measure, but the collection of fines in criminal cases comprised only 37 per cent," he said in an interview.

U.S. Put Pressure on Pak to meet certain expectations on counter-terrorism

Pakistan must meet certain expectations on counter-terrorism, including abidance to human rights standards and making economic reforms in order to maintain the "level" of US assistance it has been receiving, a top Pentagon official has said. "One of the things the Pakistanis have experienced themselves is that, you know, for Congress to support the level of assistance that we provide to them, both civilian and military, certain expectations have to be met, whether it's cooperation in counter-terrorism, whether it's abiding by human rights standards, whether it's dealing with the IMF to make economic reforms," Under Secretary of Defence for Policy, Michele Flournoy said

A New Responsibility As Cyber Envoy on Hillary Clinton

US Secretary of State Hillary Clinton has appointed a cyber envoy to handle issues related to Internet and the World Wide Web. The first official to hold this post, Painter will coordinate the State Department's global diplomatic engagement on cyber issues, serve as the Department's liaison to White House and federal departments and agencies on these issues. Christopher Painter will bring together the many elements in the State Department working on cyber issues to more effectively advance US cyber interests.

Acquittals in Pakistan's Mukhtar Mai Gang-Rape Case

The Supreme Court of Pakistan on Thursday upheld the Lahore High Court's decision to acquit five of the six accused in the Mukhtar Mai gang-rape case. One accused convicted by the Lahore High Court (LHC) and sentenced to life will have to complete his prison term, according to the Supreme Court verdict which drew immediate condemnation from women's rights and human rights organisations. In its 86-page judgment, the Supreme Court found merit in the LHC's view that the evidence against the accused was not "confidence-inspiring" and hence, benefit must go to the accused. Case caught global attention as an instance of a village tribal panchayat ordering the rape of a woman to atone for an alleged crime committed by her brother in the summer of 2002.

Approval of Use of Armed Predator Drones in Libya by Obama

US President Barack Obama has approved the use of armed Predator drones in Libya against forces loyal to Muammar Gaddafi, in an effort to provide "precision capabilities" to international coalition forces in the North African state, Defence Secretary Robert Gates said. "The (US) President has said that where we have some unique capabilities, he is willing to use those. And in fact he has approved the use of armed Predators, and I think that today may in fact have been their first mission. So I think that will give us some precision capability," Gates told reporters at a Pentagon news conference.

Michel Martelly Won Haiti's Presidential Election

Popular singer-turned-politician Michel Martelly was on Thursday declared winner of Haiti's presidential election. The council also released some results of legislative elections held the same day, which shows outgoing President Rene Preval's ruling INITE (Unity) party remaining the dominant party in the Haitian legislature but losing its parliamentary majority. Final results released by Haiti's Provisional Electoral Council showed Mr. Martelly took 67.57 per cent of the vote in the March 20 run-off, confirming preliminary results in which he trounced his rival, the former First Lady, Mirlande Manigat.

SC (Pak) in support of transgender

Pakistan's Supreme Court has directed the national database not to verify the sex of the trans-genders through a medical board and to amend its laws to declare eunuchs as she-males. The order was issued while the bench was hearing a case filed by Muhammad Aslam Khaki, a lawyer who has been campaigning for the rights of transgender people. The directive was issued to the National Database and Registration Authority (NADRA) by a three-judge bench headed by Chief Justice Iftikhar Chaudhry.

Global nuclear safety plan proposed by Russia

Russian President Dmitry Medvedev has proposed a plan to tighten the safety standards in nuclear power plants of the world and sent it to world leaders on Tuesday. It will be discussed by the Group of Eight at a summit in Deauville, France, on May 26 and 27. Mr. Medvedev was speaking at a memorial ceremony in Chernobyl to mark the 25th anniversary of the world's worst nuclear catastrophe. He was accompanied by Ukrainian President Viktor Yanukovich. The Russian proposal would include greater responsibility of countries using nuclear energy, additional safety measures for nuclear reactors, a ban on the construction of reactors in quake-prone zones and expanded powers of international watchdogs to enforce the safety rules.

Accusation of war crimes against Colombo by U.N. Panel

U.N. panel said on Monday that the Sri Lanka military killed most of the civilian victims of the offensive but that both sides may be guilty of war crimes, ordering Colombo to conduct a "genuine" inquiry. U.N. chief Ban Ki-moon has said he cannot order an international probe into the killing of tens of thousands of civilians during Sri Lanka's final assault on Tamil separatists in 2009. Mr. Ban said he lacked the authority to order an investigation but that the United Nations would probe its own actions in the war's final months, after the panel said it could have saved lives by being tougher on Sri Lanka.

Reshuffle at the highest levels of the Obama administration

CIA chief Leon Panetta flagged as the successor to Defence Secretary Robert Gates and commander of the coalition forces in Afghanistan General David Petraeus identified as the man to fill Mr. Panetta's shoes at the United States' spy agency. Media quoting unnamed sources also said Deputy Commander of U.S. Central Command Lieutenant-General John Allen would replace General Petraeus in Afghanistan and veteran diplomat Ryan Crocker was likely to be the next U.S. Ambassador to Afghanistan. Mr. Panetta will be taking over a challenging role at a time of unprecedented belt-tightening by the U.S. military. General Petraeus' departure is also striking in terms of its timing, as the Obama administration is poised to wind down military operations in Afghanistan starting this July.