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• NATIONAL Supreme Court asks West Bengal government not to return land to farmers in Singur As a interim protection, the Apex court has asked the West Bengal govt to refrain from returning land to farmers in Singur, originally leased to the Tatas, pending Calcutta High Court verdict on the main matter. A vacation bench comprising justices P Sathasivam an A K Patnaik said that, "As an interim order we direct state government not to hand over or return land to farmers concerned until further order passed by the Calcutta High Court." GST Rates in India likely to be between 16 per cent and 20 per cent : CBEC The Central Board of Excise and Customs (CBEC) has said that tax rates under proposed GST regime in India would likely to be between 16 per cent and 20 per cent, similar to the GST rates adopted world over."World over, GST rates are typically between 16 per cent and 20 per cent. In India it is likely to be the same," CBEC Chairman Sumit D Majumdar said. Point of Taxation (Second Amendment) Rules, 2011 with effect from 1st July, 2011 The Central Board of Excise and Customs (CBEC) has amended the point of taxation rules wef 1st July, 2011, to include taxable service provided or to be provided to any person by a Consulting Engineer under Rule 7(c), thereby expanding the services on which service tax to be paid on receipt basis. SEBI Likely to Insulate its Officials from Investigative Agencies SEBI is likely to take up the proposal to amend to its governing legislation to protect its officials from pressure of investigative agencies. Board may enhance protection for official from quasi-judicial proceedings, which could result in fines or bans. A member of the SEBI board, KM Abraham, who is in charge of investigation, had recently written to the prime minister complaining of harassment by the Income-Tax Department. Foreign Individual Allowed to Invest in Mutual Funds In order to manage the volatile capital flows, the ministry has allowed the foreign individual to invest in mutual funds. Accordingly, SEBI is likely to notify the rules by August 1, incorporating the changes giving mutual fund access to foreign money. At present, besides resident Indians, only foreign institutional investors (FIIs), sub-accounts registered with Sebi and non-resident Indians can invest in mutual funds in India. Foreign Direct Investment Allowed in Proprietary Trading Government has allowed FDI in proprietary trading despite the RBI's opposition. RBI fears the decision will affect the health of the financial sector. The ministry has decided to include proprietary trading under broking services, where 100 per cent FDI is allowed under the automatic route. Public Purpose Clause Of The Land Acquisition Act Must Go: SC The Apex Court slammed UP Government for acquiring prime agricultural land for building luxury flats in Greater Noida and has questioned the invoking of urgency clause that bars farmers from raising objections saying that perspective has to change. "The perspective has to change. The public purpose clause in the 1894 Act must go. If the government does not do it, then this court has to act. It is development of few at the cost of many," said a vacation bench of Justices P Sathasivam and A K Patnaik. Indian Institute of Information Technology, Design and Manufacturing, Kancheepuram Ordinance, 2011 The president has promulgated the Indian Institute of Information Technology, Design and Manufacturing, Kancheepuram, in the State of Tamil Nadu, to be an institute of national importance and to provide for its incorporation and for matters connected therewith. Indian Medical Council (Amendment) Ordinance, 2011 The President has promulgated the ordinance amending S.3A the Indian Medical Council Act, thereby enhancing the period from 1yr to 2yrs within which the Council shall be reconstituted in accordance with the provisions of S.3 from the date of supersession of the Council under S.3(1). DIPP Proposes to Allow 49 per cent FDI in Multi-brand Retail Department of industrial policy and promotion has proposed to FDI in multi brand retail, besides restricted sector such as defence and media, be allowed in the forms of downstream investment by entities having FDI up to 49 per cent , that is owned and controlled by Indians. Revamped DGCA Likely To Get More Power To Regulate Air-Fares & Appoint Ombudsmen Government is planning a makeover of the DGCA, giving more power to regulate air- fares & appoint ombudsmen to address consumer grievances. The revamped DGCA would function as appellate tribunal and called as Civil Aviation Authority. Student Dropping out Cannot Seek Re-Admission in the Same Course: Del HC Delhi High Court has held that a student dropping out in middle of a professional course can be barred from taking admission in the same course again to avoid wastage of a seat and opportunity for another meritorious candidate. India Signs Protocol Amending DTAA with Singapore to ensure Effective Exchange of Information Government has signed a Protocol, amending Double Taxation Avoidance Agreement (DTAA) with Government of Singapore for effective exchange of information in tax matters including banking information as a part of the ongoing efforts of revenue authorities to tackle international tax avoidance and evasion. Competition Commission of India Directs NSE to Modify its Zero Price Policy & Ensure Levy of Appropriate Transaction Costs In exercise of powers under section 27(a) of the Competition Act, Competition Commission of India has directed NSE to cease and desist from unfair pricing, exclusionary conduct and unfairly using its dominant position in other market/s to protect the relevant C.D. market with immediate effect. MCA: Special Drive to clear pendency of e-forms filed with ROCs In order to reduce pendency of e-forms filed prior to implementation of revised Regulation 17, MCA has decided to re-open all such pending forms & has placed the same under category 'Held in Abeyance' so that ROCs can review & dispose such pending work items by 7th July, 2011. Government Approves Setting up of National Mission for Justice Delivery and Legal Reforms Ministry of Law and Justice's proposal to operationalize the National Mission for Justice Delivery and Legal Reforms to realize and implement the objectives set out in the Vision Document adopted at the Conference of Chief Ministers and Chief Justices has been approved by the Union Cabinet. Rashtriya Swasthya Bima Yojana extended to the Domestic Workers Union Cabinet has approved the extension of the Rashtriya Swasthya Bima Yojana (RSBY) to all the registered domestic workers in the country. The Scheme envisages smart card based cashless health insurance cover up to Rs.30,000/- in any empanelled hospital anywhere in the country. Exemption U/s.139(1) to Specified Person from the requirement of furnishing a return of income: CBDT Central Government has exempted the Individual whose total income for the AY 2011-12 does not exceed Rs. Five lakh , subject to the conditions specified therein, from the requirement of furnishing a return of income under U/s.139(1) for the AY 2011-12 . CBEC Clarification on Requirement of import permit / registration with / from CIB & RC CBEC has clarified that the clearance of imported of items listed under Schedule 3 of the Insecticides Act, 1968, intended to be used for the purpose specified in S.38, would not be subject to the requirement of registration / import permit from CIB & RC. Timely intimation to Board & correspondence with other Ministry/Department on policy matters :CBEC CBEC has issued instructions that whenever field formations receive a reference from any other Ministry / Department on a matter having policy implication, Board shall invariably be kept informed and avoid corresponding directly with other Ministries / Departments on policy matters. CBEC Clarification on issues pertaining to levy of excise duty on made-up articles of textiles CBEC has clarified that uniforms or made-up articles like quilt, blankets bearing name or logo of a school, institution or company, would not merit treatment as 'branded' products merely because the name of the school or institution or their logo is either printed or etched on them. MCA Clarification with regard to compliance of provisions of Companies Act & Rules made there under MCA has clarified that no request for recording any event based information / changes shall be accepted by the ROCs from defaulting companies and their Directors which have not filed Balance Sheet or Annual Return for any of the FY's 2006-07, 2007-08, 2008-09 & 2009-10. Draft Equal Opportunities Commission Bill Cleared By the Law Ministry The Draft equal opportunities commission bill proposing anti-discrimination panel has been cleared by the law ministry. The proposed panel will have the power of civil court to penalise those practising discrimination against minorities and other disadvantaged group in both government & private sect. Supreme Court rejects the Kanimozhi's bail plea in the 2G Spectrum Allocation Scam The Apex court has dismissed the Kanimozhi's bail plea along with that of co-accused Kalaignar TV managing Director Sharad Kumar saying that they can approach the trial court for regular bail after the framing of charges against them in the scam. "In our view, the reasons assigned by the Special Judge and the Single Judge of the High Court for refusing to entertain the petitioners' prayer for bail do not suffer from any legal infirmity. The special leave petitions are accordingly dismissed," said a bench comprising Justice GS Singhvi and Justice BS Chauhan in its order on Monday.
• INTERNATIONAL NEWS Samsung files a legal complaint with U.S. International Trade Commission against Apple to ban its import Samsung has filed another legal complaint against Apple this time asking the U.S. International Trade Commission to ban the import and sale of devices including the iPhone and iPad. As noted by Florian Mueller at FOSS Patents, it's extremely likely that the ITC will agree to investigate Samsung's complaint against Apple, and a final decision would be reached within 16 to 18 months.The latest legal filing comes as rumors continue to mount that Apple plans to move away from Samsung for supplies for its custom-built ARM processors. One rumor that surfaced this week, claims that Apple will have its next-generation A6 chip built instead by Taiwan Semiconductor Manufacturing Company in 2012. Legal Professionals being suppressed in China Amnesty has reported that China has unleashed an “uncompromising assault on China's legal profession targetting Human Rights Lawyers. . "Human rights lawyers are subject to escalating silencing tactics -- from suspension or revoking of licences, to harassment, enforced disappearance or even torture," said Catherine Baber, Amnesty's Asia Pacific deputy director. "As part of the crackdown (on dissent), the government is rounding up lawyers associated with issues such as freedom of religion, freedom of expression and land rights," she added. |
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