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Govt bats for forces act

-The Telegraph The Centre today told the Supreme Court that no prosecution could be launched against armed forces fighting “counter-insurgency” and sought four months to decide whether to grant sanction to prosecute officers over a 12-year-old alleged fake encounter in Kashmir. The Armed Forces (Special Powers) Act, invoked in “disturbed areas”, specifically mandates prior sanction before any prosecution can begin, the government told the court while replying to a notice on the...

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PM's fiat failed to block coalgate-Sanjay Dutta

The government continued to give away coal blocks without bidding even after a meeting headed by Manmohan Singh (in his role as coal minister) on October 14, 2004 decided that all future allocation would be through the competitive route, says a CAG report. The government auditors' draft report on performance of coal block allocations also says the Centre opted for the longer process of amending mining laws when it could have...

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Vodafone tax case: Supreme Court rejects petition seeking review of order

-The Economic Times   The Supreme Court has declined to reconsider its ruling that the tax authorities had no jurisdiction to tax Vodafone's offshore acquisition of its Indian mobile unit, handing what could be a pyrrhic victory to the telecom major. The tax demand, government officials familiar with the case said, could be revived once the provisions in the Union Budget seeking to tax overseas deals are approved by Parliament later this...

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SC slams govt's 'casual' approach on gay sex

-The Times of India The Supreme Court on Tuesday criticized the Centre's "casual approach" during the hearing on appeals challenging a Delhi High Court verdict diluting Section 377 of the Indian Penal Code to decriminalize consensual gay sex between consenting adults in private. The ministries of home affairs and health had opposed dilution of Section 377 before the HC but accepted the verdict and did not appeal against it in the apex...

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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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