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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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Decision on Sec 377 could affect other sexual offences in IPC: SC

-The Times of India   The Supreme Court on Wednesday said its final decision on the correctness of the Delhi High Court judgment -- which decriminalized Section 377 of Indian Penal Code covering a sexual act in private between consenting adults -- could have far reaching impact on several sexual offences listed in the penal laws. A bench of Justices G S Singhvi and S J Mukhopadhaya requested the counsel for parties to...

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Cannot invoke AFSPA in rape, murder: SC to Army by Krishnadas Rajagopal

Questioning the extent to which the Army can claim blanket Immunity under the Armed Forces Special Powers Act (AFSPA), the Supreme Court today said rape and murder committed by its personnel should be considered a “normal crime”, and that there is “no question of sanction” from the government before prosecution of offenders in such cases. Under AFSPA, prior approval is required before prosecution or any other legal action can be initiated...

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Court grills CBI over its Pathribal probe by J Venkatesan

It seeks statement fromthe Special Task Force chief The Supreme Court on Friday asked the Central Bureau of Investigation to answer certain questions relating to the 2000 Pathribal encounter case in Jammu and Kashmir initiated by it. The CBI has initiated a case against five Army officers involved in an alleged fake encounter since the Army did not take any action under the Army Act and also did not allow the criminal...

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Censoring the Internet: The New Intermediary Guidelines by Rishab Bailey

The government’s recent actions in notifying the Intermediary Guidelines for the internet with minimal public debate have resulted in the creation of a legal system that raises as many problems as it solves. The regulations as presently notified are arguably unconstitutional, arbitrary and vague and could pose a serious problem to the business of various intermediaries in the country (not to mention hampering internet penetration in the country) and also...

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