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Change in scavenging Act soon, court told by J Venkatesan

The Centre on Friday informed the Supreme Court that appropriate steps would soon be taken to amend the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 to eliminate manual scavenging. Additional Solicitor General Harin Raval told a Bench of Justices H.L. Dattu and C.K. Prasad that necessary amendments would be introduced in the monsoon session of Parliament. The ASG also assured the court that the government would...

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Is printer and publisher of daily necessary party in defamation case?-J Venkatesan

The Supreme Court has decided to examine whether the printer and publisher of a newspaper or magazine is a necessary party in criminal defamation proceedings when the editor is already cited as an accused in a defamation complaint. A Bench of Justices P. Sathasivam and J. Chelameswar in a brief order on Friday said: “The important question arises [in this petition], namely, in a case of complaint under Sections 499, 500...

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Retrospective amendment of I-T Act not specific to Vodafone case: Pranab by Ashok Dasgupta

Finance Minister Pranab Mukherjee maintained on Sunday that the budgetary proposal to amend the Income Tax Act with retrospective effect from 1962 to assert the government's right to levy tax on merger and acquisition (M&A) deals involving overseas companies with business assets in India is not Vodafone “case specific,” but an enabling provision to protect the fiscal interests of the country and avert the chances of a crisis. Faced with all-round...

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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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Supreme Court to examine constitutional validity of nuclear civil liability law by J Venkatesan

The Supreme Court will examine the constitutional validity of the Civil Liability for Nuclear Damage Act, 2010, which limits the liability of an operator in the event of a nuclear disaster to Rs. 1,500 crore. A Bench of Chief Justice S.H. Kapadia and Justices A.K. Patnaik and Swatanter Kumar on Friday issued notice to the Centre on a writ petition filed jointly by Common Cause; the Centre for Public Interest Litigation;...

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