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Comments Off on கோர்ட்டில் கைதி செருப்பு அணிய தடை

கோர்ட்டில் கைதி செருப்பு அணிய தடை

News September 30, 2017

ஷிவ்புரி, மத்திய பிரதேச மாநிலம், ஷிவ்புரி நீதிமன்றத்தில், விசாரணைக்கு அழைத்து வரப்படும் கைதிகள், செருப்பு அணிய தடை விதிக்கப்பட்டுள்ளது.மத்திய பிரதேசத்தில், முதல்வர், சிவ்ராஜ் சிங் சவுகான் தலைமையில், பா.ஜ., ஆட்சி நடக்கிறது.கடந்த ஆண்டு, ஷிவ்புரியில் உள்ள நீதிமன்றத்தில், விசாரணைக்கு அழைத்து …

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Comments Off on ஜெ, மரணம்: விசாரணை துவக்கம்

ஜெ, மரணம்: விசாரணை துவக்கம்

News September 30, 2017

ஜெ., மரணம் குறித்து விசாரிக்க அமைக்கப்பட்ட, விசாரணை கமிஷன் தலைவர், நீதிபதி ஆறுமுகசாமி, நேற்று தன் பணிகளை துவக்கினார். அவர், விரைவில், சசிகலா குடும்பத்தினர், அமைச்சர்கள், மருத்துவமனை நிர்வாகிகளிடம் விசாரணைநடத்தவுள்ளார்.ஜெ., மரணம் குறித்து, உயர் நீதிமன்ற ஓய்வுபெற்ற நீதிபதி ஆறுமுகசாமி தலைமையில், …

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Comments Off on பழைய நோட்டுக்கு பதில் புதுசு சரத்குமாருக்கு ஐகோர்ட் யோசனை

பழைய நோட்டுக்கு பதில் புதுசு சரத்குமாருக்கு ஐகோர்ட் யோசனை

News September 30, 2017

சென்னை, தேர்தலின் போது, கைப்பற்றப்பட்ட பழைய ரூபாய் நோட்டுகளை, புதிய நோட்டுகளாக மாற்றி தர, உச்ச நீதிமன்றத்தை அணுகும்படி, நடிகர் சரத்குமாருக்கு, சென்னை உயர் நீதிமன்றம் உத்தரவிட்டு உள்ளது.தமிழக சட்டசபை தேர்தலின் போது, திருச்செந்துார்தொகுதியில், ச.ம.க., தலைவர், நடிகர் சரத்குமார் போட்டியிட்டார். …

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Comments Off on Elphinstone stampede:PIL filed in HC to book railway officials

Elphinstone stampede:PIL filed in HC to book railway officials

News September 30, 2017

Elphinstone stampede:PIL filed in HC to book railway officials

Elphinstone stampede:PIL filed in HC to book railway officials

A PIL has been filed in the Bombay High Court seeking that railway officials be booked for negligence and culpable homicide in connection with the stampede at the Elphinstone Road railway station in which 22 people were killed.

The public interest litigation (PIL) was submitted yesterday to the high court registry by city resident Pradeep Bhalekar.

“The petition has been submitted to the registry. We will mention it on October 3,” Bhalekar’s advocate Nitin Satpute said.

The petition has sought an inquiry into the incident, urging the high court to supervise the matter and issue appropriate directions.

The PIL alleged the issue of the Elphinstone Road bridge being too narrow had been raised by citizens time and again but the government and the railways failed to take action.

“This is complete negligence on part of the railways. A case under section 304 (II) of the IPC for culpable homicide needs to be registered against the railway officials concerned,” the petition said.

The plea also sought measures to be undertaken to ensure safety of commuters.

“The railways has to be also directed to take action against illegal hawkers and encroachers on foot overbridges (FoB) to reduce crowding,” the PIL said.

( Source – PTI )

The post Elphinstone stampede:PIL filed in HC to book railway officials appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.

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Comments Off on FinMin Arun Jaitley Highlights I-T Dept’s Initiatives For Efficiency, Transparency & Fairness

FinMin Arun Jaitley Highlights I-T Dept’s Initiatives For Efficiency, Transparency & Fairness

News September 30, 2017

Aasavri Rai

Union Finance Minister Arun Jaitley has said the Income Tax department has taken various initiatives in the past 2-3 years in order to bring about efficiency, transparency and fairness in tax administration.

Addressing the second meeting of the consultative committee attached to the Ministry of Finance on the subject of ‘Initiatives of I-T Department’ in New Delhi on Friday, the Finance Minister said a single page ITR-1 (SAHAJ) form was introduced for taxpayers having income up to Rs. 50 lakhs. The rate of tax for individuals having income between Rs. 2.5 lakhs and Rs. 5 lakhs was reduced from 10% to 5%, which is among the lowest in the world, the Finance Minister added.

He said the concept of ‘no scrutiny’ was introduced for first time non-business tax payers having income up to Rs. 5 lakhs, so that more and more people are encouraged to join the tax net and file their I-T returns and pay the due amount of taxes.

He said corporate tax was reduced to 25% for companies with turnover up to Rs. 50 crores, thereby covering almost 96% of the companies. The new manufacturing companies incorporated on or after March 1, 2016, were given an option to be taxed at 25% without any deduction. The MAT credit was allowed to be carry forward up to 15 years, instead of 10 years as part of procedural reforms, the Finance Minister added.

Highlighting the initiatives of the department in the field of e-governance, the minister said 97% of the income tax returns were filed electronically this year, out of which 92% returns were processed within 60 days, and 90% refunds were also issued within 60 days.

The Finance Minister further said the department also introduced grievance redressal system named e-Nivaran, which integrated all the online and paper grievances and tracks them till their resolution. Every grievance is acknowledged and resolution is intimated through email and SMS. The Finance Minister said 84% of 4.65 lakh e-Nivaran grievances have been resolved so far.

Jaitley further said through e-Sahyog, all cases of information mismatch are handled in non-intrusive manner to avoid full investigation. He added that about 1.9 crore salaried tax payers are being informed every quarter by the department of the amount of TDS deposited by their employers. He said all of these e-governance initiatives of the department have helped in having minimum direct interface between the tax-assessing authorities and the assesses, which, in turn, help in minimising harassment, curbing the menace of corruption and time-saving, among others.

He also highlighted the initiatives of the department as far as ease of doing business and promoting financial markets are concerned. In this regard, he specifically mentioned about the introduction of Presumptive Taxation Scheme for Professionals having income up to Rs. 50 lakhs. Similarly, the threshold for Presumptive Taxation Scheme for business income has been raised from Rs. 1 crore to Rs. 2 crores and companies located in International Financial Services Centre (IFSC) have been exempted from dividend distribution tax and to pay MAT @ 9% only.

The minister said India has entered into foreign collaboration with 148 countries as far as exchange of information for tax matters is concerned and with 39 countries for criminal matters. He said changes in the Double Taxation Avoidance Agreements (DTAAs) with Mauritius and Singapore were incorporated to allow for source-based taxation of capital gains on shares and interest income of banks.

As far as the drive against black money is concerned, the I-T department has taken various initiatives since the present government came to power. In this regard, the Finance Minister mentioned about the enactment of the Black Money Act, 2015; Comprehensive Amendments to the Benami Act, 1988; and Operation Clean Money among others. The Finance Minister said after the intense follow-up of demonetisation data from November 9, 2016, to January 10, 2017, about 1,100 searches were made resulting into seizure of Rs. 610 crore, including cash of Rs. 513 crores. He said undisclosed income of Rs. 5,400 crores was detected and about 400 cases were referred to the ED and CBI for an appropriate action.

In order to promote less cash economy and digital transactions, the minister said the department took various initiatives, including penalty for cash receipt of Rs. 2 lakhs or more, limit of cash donation to charitable trusts reduced from Rs. 10,000 to Rs. 2,000 and no cash donations of Rs. 2,000 or more to political parties.

Highlighting the impact of demonetization, the Finance Minister said the revenue collections in case of direct taxes rose to Rs. 8,49, 818 crores during the financial year 2016-17 at a growth rate of 14.5 per cent. He said net collections up to September 18, 2017, in the current financial year 2017-18 rose to Rs. 3.7 lakh crores with a growth of 15.7%. He said the number of tax payers increased significantly from Rs. 4.72 crores in the financial year 2012-13 to Rs. 6.26 crores during the financial year 2016-17.

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Comments Off on The Statute Of Limitation Puts The Sword Of Damocles To Rest: Delhi HC

The Statute Of Limitation Puts The Sword Of Damocles To Rest: Delhi HC

News September 30, 2017

Apoorva Mandhani

The Delhi High Court recently made interesting observations on the Statute of limitation, while refusing to hear an Appeal which was filed after a delay of 504 days.

The Court noted that the application for condonation of delay did not disclose any ground for the delay and opined that it was prepared without any application of mind.

The Bench comprising Justice G.S. Sistani and Justice Chander Shekhar, thereafter, explained, “Simply put, the statute of limitation is a statute of repose, peace and justice. It enables the sword of Damocles to be put to rest. The respondent in such appeals has already faced the cumbrances of trial and been exonerated. The presumption of innocence has been strengthened. His mind is put to rest by the expiry of the period. Can the State be then allowed to wake up from its slumber one day and file an appeal? We think not. Unless the State is able to satisfactorily able to explain the delay, it would not be proper for the Court to condone it.”

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Comments Off on Acting On SC Communiqué, Delhi HC Seeks Data On Undated Cases [Read Communiqué]

Acting On SC Communiqué, Delhi HC Seeks Data On Undated Cases [Read Communiqué]

News September 30, 2017

Live Law News Network

With the Supreme Court expressing concern over large number of “undated cases”, Delhi High Court Acting Chief Justice Gita Mittal has directed all judicial officers of the district courts to send data on undated cases pending in each district and update the same once every two weeks.

Undated cases are those in which the court has not assigned any next date of hearing.

Justice Mittal expressed the need for updating the data on such cases immediately for accuracy and purity.

The communiqué from the high court also directs all district and sessions judges to update the data online on biweekly basis.

All judicial officers would now be required to give a certificate on monthly basis certifying that there are no undated cases in their respective courts. The certificate would be forwarded to the high court by the district and sessions judge of every district along with monthly disposal report.

In case, the data is not uploaded, a reasonable explanation will have to be put before the high court.

The order from the high court is in pursuance of a communiqué received by it from the Supreme Court informing that in Delhi, there are a total of 35,330 undated cases – 4,136 civil and 31,194 criminal cases.

According to the data available on the National Judicial Data Grid, as on September 30, there are 34,127 undated cases in district courts in Delhi, which includes 4,550 civil and 29,577 criminal cases and makes for 5.94 per cent of all cases.

There is a pendency of 5,74,207 cases before the district courts in Delhi, which comprises 1,62,621 civil and 4,11,586 criminal cases. This includes 6,105 cases pending for over 10 years.

If the figures of district courts across India are considered, 14,19,365 cases – 4,00,574 civil and 10,18,791 criminal – are undated.

These undated cases await the next date of hearing as the judicial system grapples with shortage of manpower.

Read the Circular Here

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Comments Off on Deadline For Selling Pre-GST Goods, With Revised Price Labels, Extended To Dec. 31

Deadline For Selling Pre-GST Goods, With Revised Price Labels, Extended To Dec. 31

News September 30, 2017

Aasavri Rai

The deadline for the sale of pre-GST goods with stickers of revised rates has been extended by three months to December 30.

This decision was taken upon the representation by the Confederation of All-India Traders and various companies since a sizeable amount of the pre-GST stock was still unsold.

Representatives of CAIT claimed that goods amounting to nearly Rs. 6 lakh crores would be rendered redundant if the date is not extended beyond September 30.

After the implementation of the GST regime from July 1, the Ministry for Consumer Affairs, Food & Public Distribution had allowed sale of pre-GST stock using revised price stickers till September 30.

The press release by the Ministry of Consumer Affairs can be read below:

On account of implementation of GST w.e.f. 1st July, 2017, there may be instances where the retail sale price of a pre-packaged commodity is required to be changed. In this context, Hon’ble Minister for Consumer Affairs, Food & Public Distribution had allowed the manufacturers or packers or importers of pre-packaged commodities to declare the revised retail sale price (MRP) in addition to the existing retail sale price (MRP), for three months w.e.f. 1st July 2017, to 30th September, 2017. Declaration of the changed retail sale price (MRP) was allowed to be made by way of stamping or putting sticker or online printing, as the case may be. 

Use of unexhausted packaging material/wrapper was also been allowed upto 30th September, 2017, after making the necessary corrections. 

Considering the requests received to extend the permission for some more time it has been extended to display the revised MRP due to implementation of GST by way of stamping or putting sticker or online printing for a further period of three months, i.e. upto 31st December, 2017.

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Comments Off on NHRC Issues Notices To Tamil Nadu and Andhra Pradesh On Complaint Of Persistence of Devadasi System

NHRC Issues Notices To Tamil Nadu and Andhra Pradesh On Complaint Of Persistence of Devadasi System

News September 30, 2017

Live Law News Network

The National Human Rights Commission (NHRC), on September 25, took cognizance of a complaint drawing its attention towards the inhuman treatment being meted out to the girl children and women folk, who are forcibly taken to the temple of Goddess Mathamma for offering in Thiruvallur District of Tamil Nadu and adjoining places. Allegedly, this practice is another form of Devadasi system, which is still practiced in some parts of Tamil Nadu and Andhra Pradesh.

The Commission has observed that the allegations made in complaint as well as a media report about the continuance of this practice are serious in nature, and if true, these amount to violation of human rights including Rights to Education, Life and Dignity besides Children’s rights.

Accordingly, it has issued notices to the Chief Secretaries and the Director Generals of Police of Tamil Nadu and Andhra Pradesh and to the District Magistrates and Superintendents of Police of Thiruvallur, Tamil Nadu and Chittoor, Andhra Pradesh, calling for reports within four weeks in the matter.

Allegedly, as part of the ritual, the girls are dressed as a bride and once the ceremony is over, their dresses are removed by five boys, virtually leaving them naked. They are denied the right  to live with their families and have education. They are forced to live in Mathamma temple deemed to be like a public property and face sexual exploitation.

Supreme Court’s Directions

The NHRC’s press release, however, does not take note of the Supreme Court’s directions in a related case on February 12 last year.   In its directions, the Supreme Court has clearly asked the Centre to approach the Court for issuing necessary directions to  States which fail to comply with its advisory, issued in this connection, in 2015.

The Union of India in its affidavit has pointed out that it has issued advisory dated 22nd December, 2015 to all the States as well as Union Territories to stop such illegal practice apart from carrying out the following:- (i) ensure the implementation of existing law strictly. (ii) any instances/cases if Devadasi should be dealt with strictly and without exception as per extant law. (iii) initiate special drive to identify all such victims and suitably rehabilitate them by providing proper counselling, medical treatment, guidance, support and motivation to lead a dignified life.

A reference was made  to States where specific enactments have been passed and brought into effect in the States of Karnataka, Tamil Nadu and Andhra Pradesh apart from National Commission for Women Act, 1990 which takes care of the interest of the women who were being subjected to cruel treatment in the form of dedication of Devadasis.  The  Supreme Court noted that these laws have made the practice unlawful and prescribed penal provisions for violation of the Act.

Disposing the petition, the Supreme Court had directed that the copy of the order, and the petition filed by S.L.Foundation, be sent to all the States and the Union Territories for their compliance.  The Court had given liberty to the petitioners to move the respective State Governments for rehabilitation of victims, whenever such reports surfaced in the media.

The NHRC’s notice makes it clear that the Tamil Nadu and Andhra Pradesh Governments are guilty of non-compliance with the Supreme Court’s directions and the Centre’s advisory.  The Centre too, has exposed its non-compliance, by not acting promptly to seek directions from the Court, to these two States to ensure compliance, with its advisory.

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Comments Off on NHRC Takes Suo Motu Cognizance of Media Reports About Use Of Force By Police Against Agitating Women Students at BHU, Issues Notices To Authorities

NHRC Takes Suo Motu Cognizance of Media Reports About Use Of Force By Police Against Agitating Women Students at BHU, Issues Notices To Authorities

News September 30, 2017

Live Law News Network

The National Human Rights Commission, on September 26, took suo motu cognizance of media reports about the alleged inaction by the authorities of the Banaras Hindu University, BHU into a complaint of eve-teasing and subsequent use of unwarranted manhandling and thrashing of agitating students, mostly women, by the Uttar Pradesh police.

It has issued notices to the Chief Secretary, Director General of Police, Uttar Pradesh and the Vice-Chancellor, BHU calling for a detailed report in the matter. They have been asked to include the details of action taken against the miscreants and precautionary measures taken to ensure that such incidents do not recur in future. The response is expected within four weeks.

The Commission has observed that the contents of the media reports, carried on the 25th and 26th September, 2017, are indicative of lapses on the part of the university authorities including the security guards, who instead of taking a quick action into the complaint of eve-teasing, allegedly, indulged in sarcastic comments towards the victim girl. The students were raising their protest towards the incident of eve-teasing and inaction by the security guards and in return, they were subjected to inhuman treatment by the police personnel, which amount to violation of human rights of the students, the NHRC said.

The university authorities should have acted sensibly as the matter related to the dignity of a woman. The police authorities resorted to rather harsh steps than the situation, perhaps, warranted, the NHRC further observed.

The NHRC narrated the incident, according to the media reports, as follows:

“A girl student of the Art faculty in the BHU was, allegedly, subjected to eve-teasing by three men on a motorcycle, inside the university campus, as she was returning to her hostel around 06.20 pm on the 21st September, 2017. The miscreants, reportedly, abused and fled, when she resisted their attempts. The security guards, as alleged by the girl student, were about 100 meters away from the place of incident but did nothing to stop them; and when the matter was brought to the notice of the Hostel Warden, she instead of taking up the issue with the superiors, asked the girl why was she returning late to the hostel.

Reportedly, the response angered the student’s colleagues who sat on a “Dharna” at the main gate of the university. The students were demanding round-the-clock security, making security personnel accountable for untoward incidents targeting girls, adequate lighting on roads to girl’s hostel, CCTV network and proper checking at the gates including the recruitment of women security guards and a gender sensitization panel. The students tried to meet the Vice-Chancellor but they were not allowed. The students, mostly women, were allegedly, mercilessly beaten up by the police”.

The NHRC also cited the media reports which claimed that  the students have complained that they have to face eve-teasers inside the campus regularly and the administration is not taking any action to stop the miscreants.

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  • IDIA’s Annual Awards and Conference on “Law, Leadership and Creativity”

    by on September 19, 2017 - 0 Comments

    Live Law News Network IDIA Charitable Trust (an organisation working towards empowerment of the underprivileged through legal education) recently held it’s IDIA Annual Awards Ceremony and Conference on 15-16 September 2017 in New Delhi. The session rounded off with a CHAMPS training session for IDIA scholars and team leaders on the 17th. IDIA Annual Awards […]

  • 'நீட்' தேர்வுக்கு எதிராக போராட்டமா? - பாய்கிறது நீதிமன்ற அவதிப்பு வழக்கு

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    ‘நீட்’ தேர்வுக்கு எதிராக, அரசியல் கட்சிகள், அமைப்புகள் நடத்தி வரும் போராட்டங்களை உடனே நிறுத்தச் சொல்லி, உச்ச நீதிமன்றம் இடைக்கால தடை விதித்துள்ளது. ‘சட்டம் – ஒழுங்கை சீர்குலைக்கும் வகையில் போராட்டம் நடத்துபவர்களைக் கைது செய்து, ‘உள்ளே’ தள்ள வேண்டும்’ என்றும், உச்ச நீதிமன்றம் கூறியுள்ளது. …

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    கோபி: கன்னட நடிகர் ராஜ்குமார் கடத்தல் வழக்கில், சம்பந்தப்பட்ட அனைவரும், செப்., 22ல் ஆஜராக, வாய்தா வழங்கி, கோபி நீதிமன்றம் உத்தரவிட்டது.ஈரோடு மாவட்டம், சத்தியமங்கலம், தாளவாடி அருகே, தோட்டத்தில் தங்கியிருந்த கன்னட நடிகர் ராஜ்குமாரை, சந்தன கடத்தல் வீரப்பன் மற்றும் அவனது கூட்டாளிகள் …

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