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N. V. SRINIVASAN, B.Sc., B.L., M.Phil

NVS & Associates, Advocates & Legal Consultants N.V. Srinivasan commenced his legal practice before the High Court of Madras in 1972, and has specialized in […]

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Comments Off on Task Force Constituted for Drafting New Direct Tax Legislation

Task Force Constituted for Drafting New Direct Tax Legislation

News 11 hours ago

Aasavri Rai

In pursuance of Prime Minister Narendra Modi’s observation that the Income Tax Act, 1961, was drafted nearly 50 years ago and accordingly, needs to be redrafted, the government has constituted a task force in order to review the Act and to draft a new direct tax law in consonance with economic needs of the country, as per a press release by the Central Board of Direct Taxes dated November 22, 2017.

The task force shall be constituted by the following members:

  • Shri Arbind Modi, Member (Legislation), CBDT – Convener
  • Shri Girish Ahuja, practicing Chartered Accountant and non-officialDirector State Bank of India;
  • Shri Rajiv Memani, Chairman & Regional Managing Partner of E&Y;
  • Shri Mukesh Patel, Practicing Tax Advocate, Ahmedabad;
  • Mansi Kedia, Consultant, ICRIER, New Delhi;
  • Shri G.C. Srivastava, Retd. IRS (1971 Batch) and Advocate.

Shri Arvind Subramanian, Chief Economic Adviser, will be a permanent specia linvitee in the Task Force.

The terms of reference of the task force are to draft appropriate direct tax legislation, keeping in view:

  • The direct tax system prevalent in various countries,
  • The international best practices.
  • The economic needs of the country and
  • Any other matter connected thereto.

The task force shall set its own procedures for regulating its work and shall submit its report to the government within six months.

The press release can be read here.

 

3 total views, 3 today

Comments Off on NHRC Issues Notice To UP Govt. For Allegedly Endorsing Police Encounters

NHRC Issues Notice To UP Govt. For Allegedly Endorsing Police Encounters

News 12 hours ago

Apoorva Mandhani

The National Human Rights Commission (NHRC) has taken suo motu cognizance of media reports claiming that the Government of Uttar Pradesh has endorsed encounter killings by the Police citing the law and order situation in the State. A detailed report has been demanded from the State within 6 weeks.

A press release issued by the Commission cites official statistics available on 5 October. As per these statistics, 433 such encounters have occurred since the present Government took over in March this year. 19 alleged criminals were killed in these encounters, while 89 were injured. Besides, 98 officials were injured and one died in the process.

It then goes on to cite a news report published on 19 November, which had claimed that the State was taking pride in such statistics, claiming that this was a proof of improvement in the law and order situation. The Chief Minister was quoted as saying, “Criminals will be jailed or killed in encounters”.

Condemning such attitude, the release then states, “It has observed that even if the law and order situation is grave, the State cannot resort to such mechanism, which may result in the extra judicial killings of the alleged criminals. The reported statement of the Chief Minister tantamount to giving police and other State governed forces, a free hand to deal with the criminals at their will and, possibly, it may result into abuse of power by the public servants. It is not good for a civilized society to develop an atmosphere of fear, emerging out of certain policies adopted by the State, which may result into violation of their right to life and equality before law.”

3 total views, 3 today

Comments Off on ராகுலுக்கு எதிரான வழக்கு : டில்லி ஐகோர்ட் தள்ளுபடி

ராகுலுக்கு எதிரான வழக்கு : டில்லி ஐகோர்ட் தள்ளுபடி

News 23 hours ago

புதுடில்லி: காங்., துணைத் தலைவர், ராகுல், பாதுகாப்பு விதிமுறைகளை மீறுவதாக தொடரப்பட்ட மனுவை, டில்லி உயர் நீதிமன்றம் தள்ளுபடி செய்தது.மஹாராஷ்டிரா, பா.ஜ., செய்தித் தொடர்பாளர், துஹின் சின்ஹா. இவர், டில்லி உயர் நீதிமன்றத்தில் தாக்கல் செய்த மனு:காங்., துணைத் தலைவர், ராகுலின் உயிருக்கு, பயங்கரவாதிகள் …

5 total views, 1 today

Comments Off on 'சின்னம்' கேட்டு வழக்கு : தடை விதிக்க மறுப்பு

'சின்னம்' கேட்டு வழக்கு : தடை விதிக்க மறுப்பு

News 23 hours ago

புதுடில்லி: ஐக்கிய ஜனதா தளத்தின் சின்னமான, ‘அம்பு’ தொடர்பாக, தேர்தல் கமிஷன் அளித்துள்ள தீர்ப்பை எதிர்த்து தொடரப்பட்ட வழக்கில், ‘எந்த இடைக்கால உத்தரவையும் பிறப்பிக்க முடியாது’ என, டில்லி உயர் நீதிமன்றம் கூறியுள்ளது.பீஹாரில், முதல்வர் நிதிஷ் குமார் தலைமையில், ஐக்கிய ஜனதா தளம் – பா.ஜ., அரசு …

3 total views, 1 today

Comments Off on நீதிபதிகள் அறையில் விசாரணை: ஆஜர்படுத்தும் போது முடிவு

நீதிபதிகள் அறையில் விசாரணை: ஆஜர்படுத்தும் போது முடிவு

News 23 hours ago

புதுடில்லி: ‘கேரள, ‘லவ் ஜிகாத்’ வழக்கில் தொடர்புடைய பெண்ணிடம், நீதிபதிகள் அறையில் விசாரிப்பது குறித்து, அவரை ஆஜர்படுத்தும் போது முடிவு எடுக்கப்படும்’ என, உச்ச நீதிமன்றம் கூறியுள்ளது.கேரளாவில், முதல்வர் பினராயி விஜயன் தலைமையில், இடது ஜனநாயக முன்னணி ஆட்சி நடக்கிறது. இந்த மாநிலத்தைச் சேர்ந்த, …

3 total views, 1 today

Comments Off on Gujarat Becomes Second State To Ban Padmavati [Read Notification]

Gujarat Becomes Second State To Ban Padmavati [Read Notification]

News 23 hours ago

Apoorva Mandhani

The State of Gujarat, on Wednesday, imposed a ban on the release of Sanjay Leela Bhansali’s movie, ‘Padmavati’. Gujarat is the second State to ban the movie, the first being Madhya Pradesh.

The notification, issued by the State Information and Broadcasting Department, states that the Government considers it necessary to do so “in the public interest and to maintain the law and order situation in the State of Gujarat”.

It then orders, “No cinema owners or distributors shall exhibit the said movie in any Cinemas/ Multiplexes/ Video Cinema/ Touring Cinema etc., within the jurisdiction of the State of Gujarat”.

The Deepika Padukone, Shahid Kapoor and Ranvir Singh-starrer movie has found itself in a legal soup due to opposition by members of the Rajput community against depiction of queen Padmavati in the film.

The Supreme Court has since dismissed two Petitions filed against the movie, terming such interference “premature”.

Read the Notification Here

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Comments Off on Maha-RERA Withdraws Office Order Defining ‘Co-Promoter’ [Read Order]

Maha-RERA Withdraws Office Order Defining ‘Co-Promoter’ [Read Order]

News 24 hours ago

Aasavri Rai

The Bombay High Court, in the case of Ismail Ibrahim Patel and others vs State of Maharashtra and others, has allowed the petitioner to withdraw the petition after the Secretary, Maharashtra Real Estate Regulatory Authority, withdrew the office order dated 11.05.17, providing a definition for the term ‘co-promoter’, which is absent in the enactment.

In this case, Ismail Ibrahim Patel had challenged the validity of an office order dated 11.05.17, passed by the Secretary, Maharashtra Real Estate Regulatory Authority (Maha-RERA). In the said order, a definition of the term co-promoter was provided, since the term wasn’t defined in the Act. The term was defined under the exercise of powers under Regulation 38 of the Maha-RERA as:

Co­Promoter means and includes any person(s) or organization(s), who under any agreement with the promoter of a Real Estate Project is allotted or entitled to a share of total revenue generated from sale of apartments or share of the total area developed in the real estate project. The liabilities of such co-promoters shall be as per the agreement or arrangement with the Promoters, however for withdrawal from designated Bank Account, they shall be at par with the Promoter of the Real Estate Project’.

Counsel for the petitioner, Mr. Girish Godbole, submitted that the RERA provisions do not provide a definition of the term ‘co-promoter’, however, even under Regulation 38, the RERA Authority is not empowered to coin a new definition and notify the same in the absence of statutory provisions under the RERA. He further submitted that the State RERA Authority is not empowered to interpret the provisions of the central legislation in defining the term.

The counsel for the respondent submitted that the order had been issued only to clarify the definition of ‘promoter’, already provided for under Section 2(zk). Further, the Advocate-General submitted an affidavit-in-reply filed by the Secretary of the Maha-RERA. In the said affidavit, the Secretary had stated that to dispel the apprehensions raised by the petitioner, the impugned office order has been withdrawn and replaced with effect from the same date.

The counsel for the petitioner accepted the affidavit and prayed for withdrawal of the petition, which was, in turn, allowed by the high court.

Read the Order Here

3 total views, 1 today

Comments Off on CBI Court Sentences Former Chief Secretary To 5-Year Jail

CBI Court Sentences Former Chief Secretary To 5-Year Jail

News November 22, 2017

Sanjay Sahay

A CBI special judge on Wednesday sentenced former chief secretary (CS) of Jharkhand Sajal Chakravarty to five-year imprisonment in a fodder scam case (RC 20A/96). The case is related to fraudulent withdrawal of around Rs 37 crores from Chaibasa district treasury in Jharkhand.

CBI judge Sambhu Lal Shaw ordered five-year jail term for the former CS and imposed fine of Rs 4 lakh on him under sections 120B, 420, 409, 468, 471 and 477 of Indian Penal Code. He also sentenced the CS to five-year imprisonment and imposed a fine of Rs 4 lakh under section 13 (2), read with 13 (1) (C) (D) of the Prevention of Corruption Act.

Defense lawyer Arvind Kumar Mitra said both the prison terms will run concurrently. He added the CS has to undergo one-year additional term, in case he fails to pay the fines. The CBI court had pronounced the former CS guilty under various sections of IPC and the Prevention of Corruption Act on November 14.

During the argument on term of sentence on Wednesday, senior public prosecutor of CBI, BMP Singh pleaded before the court that as the matter is related to corruption the convict should be given the strictest sentence to send a message to society on the issue.

Mitra argued that the former CS be awarded minimum sentence on humanitarian grounds while citing the latter’s health, character and family background. He informed the court that Sajal has undergone heart surgery and has had five stent implants in his heart. He is suffering from acute diabetes and also has knee problem. The former CS has also undergone surgery for shortening of his stomach and for hernia.

Sajal served as the chief secretary of Jharkhand under former chief minister Hemant Soren and current CM Raghubar Das.

4 total views, 1 today

Comments Off on Slighted & Intimidated By Magistrate, Court Staff Writes To Delhi HC Acting CJ

Slighted & Intimidated By Magistrate, Court Staff Writes To Delhi HC Acting CJ

News November 22, 2017

Live Law News Network

Abused, disrespected and taken in custody by a magistrate, a court staff posted at the Saket district court has written to the Delhi High Court Acting Chief Justice Gita Mittal narrating how he suffered due to the “malicious and unconstitutional behaviour” of the judicial officer.

In his letter to the Acting Chief Justice, a copy of which has also been marked to the District and Sessions Judge and also the District Court Employees’ Welfare Association, the victim staff narrates the incidents of November 9.

Sources said the Employees’ welfare association is pursuing the matter.

In his complaint, Mahendra Singh Rana, the Assistant Librarian-cum-information officer of Judges’ library at Saket Courts complex said on November 9, the library section received a phone call from the court of the Metropolitan Magistrate (south east) Harun Pratap that he needed a certain Bare Act and the Nazir of the court would be coming over to fetch the same.

However, sometime later, the naib of the court reached the library and demanded the Bare Act.

The dealing officer who was performing duty in respect of issuance and return of books advised naib court to send any of the court official to receive the book.

Thereafter, the naib court returned with the Reader of the court and received the book. He also told the staff posted in the library that the magistrate has sought personal appearance of an official of the library.

Being the in-charge of the judges’ library, the victim staff accompanied the Reader and the naib court.

When he appeared in the court, the magistrate asked him as to why the book was not issued to the naib of his court.

To this, the staff replied that since the naibs are not part of the court establishment, books are never handed over or issued to them.

At this, the magistrate allegedly shouted, “Tu khud aayega book dene meri court main”.

The magistrate went on to accuse him of interrupting the court proceedings by not issuing the book to the naib court and issued a show cause notice while directing the naib to keep him in court custody for an hour.

The staff pleaded with the magistrate to allow him to return after some time with a reply to the show cause notice but was not even issued a copy of the notice.

During his presence in the court, the magistrate repeatedly shouted at him and asked him to apologise. to which the staff said he has not done any wrong.

About 4 pm, the magistrate ordered that the staff be taken into custody.

He was released only after furnishing a personal bond of Rs 5,000.

The victim staff said in his complaint that all the while, he was requesting the magistrate to transfer the matter to the District Judge, but he chose to take suo motu cognizance while saying, “main hi karunga tera faisla”.

The victim staff said the magistrate declared him delinquent and conducted all proceedings within an hour without giving him any hearing. He says he was only doing his duty and following the procedure but was mistreated.

“The learned magistrate abused the judicial as well as administrative system and even misuse the judicial power and all the proceedings were against natural justice too,” said Rana in his complaint.

It is to be noted that the incident and the act of the magistrate is in violation of a 2005 circular issued by the then District & Session Judge whereby it was directed that peons and naib courts be not sent to call the officials of other branches as it affects the work of that branch and the staff gets the excuse of not doing the work.

5 total views, 2 today

Comments Off on Ryan Int’l Murder Case: P&H HC Gives Anticipatory Bail To Pintos With No Pointer Of Their Role So Far [Read Order]

Ryan Int’l Murder Case: P&H HC Gives Anticipatory Bail To Pintos With No Pointer Of Their Role So Far [Read Order]

News November 22, 2017

Live Law News Network

With the CBI making important headway in the Pradyuman Thakur murder case, the Punjab and Haryana High Court has granted anticipatory bail to the owners of Ryan International School while observing that “in the investigation conducted so far, there is not even a pointer of involvement of petitioners in the crime in this case”.

Justice Surinder Gupta granted anticipatory bail to Ryan International CEO Ryan Augustine Pinto and his parents Augustine Francis Pinto and Grace Pinto, who had earlier been granted interim protection from arrest.

Appearing for the Pintos, senior advocates RS Cheema and Randeep Rai along with advocate Sandeep Kapur, Partner; Principal Associates Rajat Soni and Veer Sandhu; Associates from Karanjawala & Co., brought the court’s attention to the fact that on October 7, when it had granted the interim relief to the Pintos, the CBI had said it was working on the theory of possibilities and sought more time to look into the role of Pintos, but the status qua the Pintos remained the same.

“As admitted by learned counsel representing CBI, petitioners have not ever been called for joining the investigation and CBI has arrested a student of the school as main accused for murder of Pradyuman and is concentrating on his role in committing the crime. It has not come on record that this crime was committed by the conductor (Ashok), who was arrested by the police on the day of occurrence or the student arrested by the CBI in this case, in conspiracy with the petitioners or he had ever any contact with them. Petitioners Dr. Augustine Francis Pinto and Mrs. Grace Pinto are trustees of Saint Xavier’s Education Trust, which is running several schools in the country.

“The status of petitioner Ryan Augustine Pinto with regard to the management of the school in which crime was committed, is yet to be ascertained. It will also be a point of investigation for the Investigating Agency as to whether the petitioners, while living in Mumbai, are directly responsible for any lapse of the Administration in the school,” the court noted.

“It is not disputed that in the investigation conducted so far, there is not even a pointer of involvement of petitioners in the crime in this case. Some lapse or negligence on the part of school management or even of the trustees or other office bearer of the school if found at any point of time, may not be a pointer towards their complicity in commission of murder of a school student, until and unless there is some substantial evidence of their involvement in this crime,” it said.

The court directed the Pintos to make themselves available for interrogation by the investigating agency as and when required and not to directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade him from disclosing such facts to the court or to investigating agency.

They have been barred from leaving the country without prior permission of the court.

Read the Order Here

5 total views, 2 today

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