Date: November 26th 2009

The Legal Newswire

Thursday, 26/11/2009

Good morning. Here's the Latest Legal News

Top Stories
Another RTI Setback for the Supreme Court

he Supreme Court has received its second-ever Right to Information order from the central information commission, after the first caused it embarrassment on the subject of judges� assets.
The commission has now directed the court to share with an RTI applicant within 15 days all information about the recent elevation of three judges to the apex court superseding three senior judges.

RNRL- RIL Row: Anil attends SC hearing
CIC Verdicts against CPIO Supreme Court
HC Seeks opinion from Attorney General over Sovereign Immunity

 THE DELHI High Court on the plea of sovereign immunity raised by the state has asked for the opinion of the Attorney General as to in how many cases, the state has taken or raised the plea of 'sovereign immunity', in which state claims immunity for its tortious acts and denies compensation to the aggrieved party.


Reliance says it Hasn't violated Insider Trading Rules

India's Reliance Industries Ltd. Monday said it has not violated insider trading provisions set by the nation's capital markets regulator, the Securities and Exchange Board of India.
"Reliance Industries Ltd. has always abided by all rules and regulations of SEBI and hence, has neither violated any provisions of insider trading... ," the company said in an emailed statement to Dow Jones Newswires.


Indian Police in search for the Perfect Beggar

More than two months after Delhi authorities launched mobile courts to convict and remove beggars from the capital's streets, the controversial initiative has made a faltering start.

On a recent trip with police officers through the chaotic streets of Old Delhi, the difficulties for the anti-begging teams trying to get Delhi ready for the Commonwealth Games next year were plain to see..


Amend Law on appointing NHRC Chief, Court tells Government

he Delhi High Court Wednesday asked the government to amend the law in order to appoint a chairman of the National Human Rights Commission (NHRC) - a post that has been lying vacant since May 31 this year.

According to rules, the NHRC is to be headed by a retired chief justice of India. But the court wants the law to be amended so that even retired judges of the apex court can be appointed to the post.


SEBI plans fresh round of Mutual Fund Reforms

 The next set of reforms in the mutual funds industry is round the corner with the Securities and Exchange Board of India (Sebi) likely to lower the fund management charges and introduce stricter compliance standards.

The mutual funds advisory committee, which met on Friday, has recommended that asset management companies lower the fund management fee from the present level. Fund houses currently charge 1.25 per cent as asset management charges for the first Rs 100 crore garnered by a scheme, and 1 per cent thereafter. The advisory committee, comprising industry representatives and investor bodies, has suggested that the fee should be lowered as the assets under management increase.


Mirror unto Ourselves

Pratap BHanu Mehta's editorial on the Liberhan Commission report in the Indian Express.


History of the Keshavanada Bharti Review

This is the 300th post of this blog and we have come a long way from scratch to be where we are today. The credit to this goes to support received by our readers, classmates and friends in the legal community and each of us authors as such.

I couldn�t think of a more fitting post that to tell the readers of Mr. Andhyarujina�s recent article on the Keshavananda Bharti Review. Printed in the latest SCC [(2009) 9 SCC (J) 33], many may not even be able to read this article. I had the good fortune though to get an account of this incident from Mr. Andhyarujina himself while I was interning with him in December 2007. This was perhaps one of my best internship experiences and influenced me to pursue a career in litigation.  He also gave me copies of the review transcript as appearing in Mr. Prashant Bhushan�s book.....

More from SomethingAbouttheLaw.com



Featured Articles
CJI KG Balakrishnan
Address to the Nation

The following is the full text of the Address by the Chief Justice of India, K.G. Balakrishnan on the eve of the National Law Day. November 26 is celebrated as National Law Day because it was on this day in 1949 that the Constituent Assembly of India adopted the Constitution, which then came into effect on January 26, 1950.

Mukul Sharma
Working a Shareholder Democracy

Corporate governance � the need for widening the scope of shareholder democracy and rights, investor protection and information disclosure � has been rightly emphasised in the context of the proposed new Companies Bill (The Hindu, November 8, 2009). However, the actual role of shareholders needs to be expanded. Shareholder democracy must include the working and responsibilities of investment companies, including banks, mutual fund companies, brokerages and insurance/annuity companies....

The FIRM
Tax Treaty Re-negotiation ?

This tax treaty controversy is snowballing. First it was just the India Mauritius Double Tax Avoidance Treaty that was under a shadow and has been that way for a couple of years then the proposed Direct Tax Code released in August this year proposed a Treaty of Override Clause. Tax experts and India Inc are up in arms because if the code becomes the law, that law would override any existing treaty and its provisions, creating confusion and uncertainty for tax payers. And, then last week came the bombshell.



From the Blogs

India Corporate Law
When are TDS provisions Applicable ?

Bar and Bench
The Maverick: Ram Jethmalani

Law and Other Things
The Recusal Issue


News From Law Schools

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