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Top
Stories |
CCI to maintain confidentiality in anti-competition
probes
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The
Competition Commission and its probe arm, the Director General,
Investigations, will have to maintain "complete confidentiality" while
investigating allegations of anti-competitive practices by corporate
houses, the Supreme Court said. The apex court further said that in
case of any breach of
confidentiality during the process of investigation, the corporates
would be entitled to seek appropriate directions from the Competition
Commission of India (CCI).
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 SC Curtails COMPAT power to challenge CCI
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Court Updates
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Vodafone Petition dismissed in Bombay HC
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The
Bombay High Court dismissed Vodafone International's petition
challenging an Income Tax department order that demanded Rs 12,000
crore in liabilities arising out of the company's USD 11 billion
takeover of Hutchison Telecom.
A division bench held that IT had the jurisdiction to tax the
transaction.
It, however, gave liberty to Vodafone to argue before the tax
department that no penalty should be imposed as they genuinely believed
they had no liability to deduct tax at source.
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Before making Law: Assess extra burden on Courts- Moily
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With
crores of cases pending in courts across the country, the Law Ministry
has suggested that Law Ministry should make fresh laws only after
assessing the extra burden they are likely to impose on the courts and
ensuring the provision of money required for the purpose. "Assessment
must be made for the purpose of estimating the extra load any new bill
or legislation may add to the burden of courts and expenditure required
for the purpose," Law Minister M Veerappa Moily has said in a letter to
Finance Minister Pranab Mukherjee.
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The Preparatory Materials for the Bar Exam may
be viewed here.
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Court restrains EIH from converting debt to equity
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The
Himachal Pradesh High Court today restrained the East India Hotels
(EIH), a part of the Oberoi Group, from converting the Rs 100-crore
debt in its Wildflower Hall hotel into equity.
The counsel for the Oberois told the court that the Wildflower Hall
hotel in Shimla has been incurring losses for several years and the
loss was being made up by borrowing unsecured loans from the promoter
company..
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Can an SC judgment be precedent even though it says it
is not ?
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A
very recent judgment of the Calcutta High Court has stirred up a very
interesting issue namely whether a Supreme Court judgment can be
treated as a precedent when the Supreme Court itself said that it was
given only on the basis of the special facts of the case and should not
be treated as a precedent. The question that arises is whether it can
be treated as a precedent if the facts are just similar.
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Poverty no reason to reduce rape sentence: Bom HC
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Poverty
can not be a reason to show leniency towards a rape-accused, Bombay
High Court has said.
Under section 376 of Indian Penal Code, minimum punishment for rape is
seven-year rigorous imprisonment, and a judge can give a lesser
sentence for "adequate and special reasons". But socio-economic status
of accused is irrelevant for this purpose, Justice A P Bhangale of
Nagpur bench of High Court said in a ruling last week.
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Mirror unto Ourselves
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Pratap
BHanu
Mehta's
editorial
on
the
Liberhan
Commission report in the Indian
Express.
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| Featured
Articles
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| Economic Times |
| Policy best left to Us: PM |
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Prime
Minister Manmohan Singh gave vent to his unease over judiciary’s
tendency to overstep the line, when he said tha courts should not get
into the realm of policymaking.
Answering a query on the Supreme Court’s direction to distribute grain
to the poor free of cost, during an interaction with editors, he said
that while he respected the sentiments behind the court’s observations,
the handling of the issue should be left to the executive
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| The Hindu |
| Whats the sense of it ? |
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The
central argument in favour of caste enumeration has a plausible ring to
it. Given the strong, if complex, correlation between caste and
socio-economic status, the exercise seems to offer the promise of
yielding relevant data so that social and economic disparities can be
more accurately targeted by policy. On closer analysis, the advantage
turns out to be largely illusory. In fact, the political demand for
reviving the colonial practice of caste enumeration — given up by
independent India except for the Scheduled Castes and the Scheduled
Tribes — has been driven less by ameliorative ideals than by expediency
and self-serving, divisive political agendas. At best, fresh caste
enumeration can provide only marginal benefits because, as sociologist
Nandini Sundar points out, it holds out only an “illusory promise of
formal employment.”
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| Bibek Debroy |
| An Indian version of Court Packing |
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Avin
Chhangani
directs
me
to a newspaper column written by Justice Krishna
Iyer. This is what Justice Iyer says: "Judges must have a political
philosophy... Our socialist, secular, democratic republic must appoint
only judges who share the political philosophy of the Constitution,
since judges are under the Constitution, not above it... Our
Constitution, which you are bound to uphold, is expressly socialist and
secular. So you have a socialist commitment. If you disown it, you
violate your oath, and must go."
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| From
the
Blogs |
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India Corporate Law
Something About the Law
Law and Other
Things
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