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Vodafone-Hutch deal: Retrospective change to I-T Act-Nikhi Kanekal and Kian Ganz

The government introduced a retrospective clarification to the Income-Tax (I-T) Act, 1961, virtually amending the law to ensure that cross-border transactions such as the $11.08 billion (around Rs55,735 crore today) Vodafone-Hutchison deal are taxable. The Supreme Court had ruled this deal as not being taxable in India. The amendment becomes crucial because a review petition by the government on this case is pending before the Supreme Court, which might now have...

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Outdated land acquisition Act should go, says court by J Venkatesan

1894 law should immediately make way for fair enactment Observing that the 1894 Act has become outdated as it does not provide for rehabilitation of persons displaced from their land, although their livelihood is affected by compulsory acquisition, a Bench of the Supreme Court has called for replacement of the law without delay. Writing the judgment, Justice R.M. Lodha said all concerned felt that the provisions of the Land Acquisition Act “do...

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Boomtown Troubles by Ashok Malik

IT IS one of the inspirational legends of Indian journalism that James Hickey, founder and editor of the Bengal Gazette — this country’s first newspaper, with its first edition going back to January 1780 — was a fearless seeker of the truth, taken to court and imprisoned by Warren Hastings, then governor-general. Reality is a little different. Hickey’s paper was often a gossipy, yellow rag. It thought nothing of publishing scurrilous...

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The Battle for Land: Unaddressed Issues by Avinash Kumar

The episodes of violence in land acquisition by the government, as witnessed recently in Bhatta-Parsaul in Uttar Pradesh and in other states earlier, occur because patterns of violence are inbuilt into the process. Despite a bill pending in Parliament since 2007, there has been little effort by political parties to evolve a consensus on acquisition of agricultural land for non-agricultural purposes. The law as at present and also the provisions...

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Prisoner of conscience by V Venkatesan & Ajoy Ashirwad Mahaprashasta

The trial court judgment holding Binayak Sen guilty of sedition has led to widespread outrage. IN India's legal history, no trial court judgment in a criminal case has perhaps caused as much international outrage as the December 24, 2010, judgment of the Second Additional District and Sessions Judge of Raipur, B.P. Verma, did. In his 92-page judgment, Judge Verma convicted Dr Binayak Sen, the well-known human rights activist and medical...

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