Sunday 15 November 2015

Daily News and Updates

Delhi court asks CBI to consider Chhota Rajan’s sisters’ plea

A Delhi court on Friday directed the CBI to consider the plea of underworld don Chhota Rajan’s sisters, who sought its permission to meet their brother currently in the probe agency’s custody, on the occasion of ‘Bhai Dooj’, saying they have not met him for the past 27 years and wanted to bless him.
During the hearing which took place at the residence of special CBI judge Vinod Kumar, the court asked Sunita Sakkharam Chavan and her elder sister Malini Sakpal to approach CBI’s investigating officer with their application.
Advocate Rajiv Jai, who appeared on behalf of Rajan’s sisters, said the court has asked the IO to consider the plea keeping in view the security concerns.
In an application moved before the court, Rajan’s sisters sought permission to meet the underworld don on compassionate grounds.
“The applicants pray that the applicant Sunita Sakkharam Chavan and her elder sister Malini Sakpal may be allowed to meet their brother. That the applicants are physically unfit and may be escorted by their son-in-law Anil Menon for help,” their application said.
Both the sisters in their application said they would not hinder the probe and abide by any condition imposed by the court.
“Allow the applicant Sunita Sakkharam Chavan and her elder sister Malini Sakpal along with their son in law Anil Menon (for help) to meet their brother Rajendra Sadashiv Nikalje alias Chhota Rajan who is in police custody (CBI) for ten days since November 7, 2015; on compassionate grounds and allow them to follow rituals of Bhai Dooj subject to any conditions which the court may deem fit and proper in circumstances,” the plea said.
After being on the run for the past 27 years, underworld don Chhota Rajan was brought to India from Indonesia on November 6 by a joint team headed by CBI officials to face trial in various criminal cases registered against him in Delhi and Mumbai.
On November 7, CBI had got 10 days custody of Chhota Rajan in connection with an alleged fake passport case registered by the agency on October 31, shortly before its team left for Indonesia to deport him back from Indonesia. 

CBI Report on Scorpene Deal Can’t be Shared With Private Parties’: Government

The government has told Delhi High Court that it cannot share any information with a private party on the Rs 19,000 crore French submarine Scorpene deal in which kickbacks were allegedly paid to several middlemen.
The submission was made before a bench of Chief Justice G Rohini and Justice Jayant Nath by Additional Solicitor General Sanjay Jain, who said once the court was seized with the issue, the petitioner’s role was over.
He said the government has also filed a status report on the petition filed by the Centre for Public Interest Litigation (CPIL) seeking a CBI probe into the purchase of Scorpene submarines for the Indian Navy in 2005 from French company Thales.
The Scorpene deal scam was a bribery scandal in which Rs 500 crore was alleged to have been paid to influence decision makers.
The counsel for CBI also stated that the report was received from the investigating agencies of United Kingdom, Canada and Switzerland with the condition that the information supplied by them should not be shared with private parties.
The government’s submission came in the backdrop of advocate Prashant Bhushan’s request to direct the authorities concerned to provide CPIL a copy of the report after deleting the portions which deal with the communication from Interpol.
Considering the submissions made by the agency and the government, the bench said, “The report is before us and we will look into it…”. It said it would consider the matter further on November 24.
The plea by the NGO, filed in 2006, has alleged inaction on the part of the CBI in investigating allegations regarding the deal.
The NGO in its plea had said that the copy of the CBI’s preliminary enquiry report has not been provided to it on the ground that it contains sensitive information.
The report was filed before the court in a sealed cover by the CBI which had given a clean chit to the deal.
The petitioner has alleged that though the government had prior information about the “shady deal and involvement of middlemen as pointed out by the CVC and the Ministry of Defence, the contract was finalised for obvious reasons”.


Disciplinary action: HC directs BCI to take a decision on PIL

The Madurai Bench of Madras High Court has directed the Bar Council of India (BCI) to take a decision within a week on a plea seeking to transfer the disciplinary proceedings against 14 lawyers of the Madurai Bar suspended by the Council to Bengaluru.
A division bench, comprising Justice R.Sudhakar and Justice V M Velumani, gave the direction on a PIL by one M Moahamed Rafi seeking a direction to restore the disciplinary proceedings against the advocates to Karnataka State Bar Council, as originally proposed by BCI.
The petitioner had also prayed to the court to quash the October 12 last order of Bar Council of Tamil Nadu and Puducherry (BTCP) rejecting his request that the inquiry be conducted by the Bar Council of Karnataka.
The bench said the interim injunction granted by it on October 26 restraining the Special Disciplinary Committee (SDC), set up by BTCP, from going ahead with its proceedings against the lawyers would continue till BCI took a decision.
“The Bar Council of India, we hope, would dispose of the matter within a period of one week from the date of receipt of a copy of this order,” the bench said.
The matter related to the suspension of 14 advocates by the BCI vide its September 22 last order for storming court rooms and shouting slogans against judges of the high court bench in Madurai.
The BCI had also asked the Karnataka Bar Council to set up a disciplinary committe to proceed against the advocates. But it later modified the order and allowed BTCP to conduct the inquiry.
Challenging the BCI order, the petitioner claimed two of the SDC members were close friends of two of the suspended lawyers and several lawyers of the BCTP were openly supporting the errant lawyers.
In response to the PIL, the BTCP submitted that as the order to conduct the inquiry in Tamil Nadu itself was accepted and passed by BCI, it had no power to change the place of inquiry. The BCI alone had the power to change the place, it added.
Hence, the division bench directed the BCI to take a decision within a week.


Rash driving: Constable gets Rs 3.4L compensation :

A Delhi police constable, who suffered grievous injuries after being hit by a rashly driven car, has been awarded a compensation of over Rs 3.4 lakh by a Motor Accident Claims Tribunal (MACT) here.
The tribunal directed New India Assurance Company Ltd, insurer of the offending vehicle, to pay Rs 3,42,642 to north-Delhi resident DineshKumar who was on his motorcycle when the offending vehicle hit him in 2012.
The MACT noted that the driver and owner of the vehicle did not appear during the proceedings to advance their final arguments and decided the case in Kumar’s favour.
“The New India Assurance Company Ltd is directed to deposit with tribunal the awarded amount of Rs 3,42,642,” MACT presiding member Barkha Gupta said.
According to the victim’s petition, on January 21, 2012, Kumar was going on his motorcycle to his official duty when the car, being driven in a rash and negligent manner, hit his motorcycle in Rani Bagh area of north west Delhi.
Due to the impact, he fell down on the road and sustained grievous injuries and was taken to a hospital for treatment.
Kumar told the tribunal that he was working as a constable in Delhi Police and was getting salary of Rs 26,195 per month. But due to the accident, he was unable to attend to his duties till he completely recovered and was forced to take long leave due to the injuries he received in the accident.


Widow Can Claim Absolute Right on ‘Maintenance’ Property: SC

The right to maintenance of a Hindu widow is not a “mere formality” but a spiritual and moral right that can be judicially enforced upon by claiming “absolute right” on the property given to her for sustaining herself, the Supreme Court has ruled.
A bench, headed by Justice M Y Eqbal, while upholding a Andhra Pradesh High Court verdict in favour of a widow who had transferred the property willed to her by her husband for her lifetime to a relative, said it was the woman’s “absolute right” and she was free to bequeath the property.
“It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties, then his wife is entitled to a right to be maintained out of such properties.
“It is equally well settled that the claim of Hindu widow to be maintained is not a mere formality which is to be exercised as a matter of concession, grace or gratis but is a valuable, spiritual and moral right,” the bench, which also comprised Justice C Nagappan, said.
Referring to various judicial pronouncements, it said that though the right of a widow to be maintained does not create a charge on the property of her husband but she can certainly enforce her right by moving the Court for passing a decree for maintenance by creating a charge.
Discussing the details of the case at hand, the bench said, “In our opinion in whatever form a limited interest is created in her favour who was having a pre-existing right of maintenance, the same has become an absolute right by the operation of Section 14(1) of the Hindu Succession Act.”


Clarify how hotels are coming up at Kaziranga: NGT to Assam :

The National Green Tribunal has directed Assam government to clear its stand on eco-sensitive zones and how it has permitted large-scale hotel projects to come up in and around the Kaziranga National Park – home to the famous one-horned rhinos.
A bench headed by NGT chairperson Swatanter Kumar also directed the secretary, Department of Environment and Forest of Assam government and Director, Kaziranga National Park to appear before it on the next date of hearing and explain the steps taken regarding the eco-sensitive zone around the park.
The panel asked the Assam government to clarify its stand in relation to declaration of eco-sensitive zones and how the state has permitted hotels to come up in and around the park.
“To put to rest any doubts, we direct that the State of Assam shall submit its clear stand in relation to: declaration of Eco Sensitive Zone, Pattas which were primarily for agricultural purposes and at best incidental residential construction; and how it has resulted in State permitting large scale hotels projects in and around the Kaziranga National Park,” the bench said.
The tribunal showed its dissatisfaction to the report filed on behalf of Assam government with regard to eco-sensitive zones saying it was not in compliance with earlier directions and orders.
The panel further asked the Assam government to explain its stand on Kaziranga National Park being a protected area and the normal distances from the boundary of the national park clearly showing prohibited and regulatory zones with respect to Supreme Court’s verdict.
During the hearing, counsel for Assam submitted that the state has already moved a proposal for issuance of Eco Sensitive Zone Notification, which is pending before the Ministry of Environment and Forests (MoEF).
The counsel for the MoEF also submitted that the Ministry was effectively considering the proposal.
The bench posted the matter for further hearing on November 26.
The tribunal’s direction came during a hearing on a plea filed by environmentalist Rohit Choudhury opposing expansion of NH-37 which passes from Jakhalabandha to Bokakhat through the Kaziranga Park.



Govt to come out with definition of e-commerce: Nirmala

The government is working on the definition of ‘e-commerce’ to clear the air over key issues such as taxation and foreign investment in the burgeoning sector.
Commerce and Industry Minister Nirmala Sitharaman said her ministry has received inputs from almost all the states on the issues related with FDI in e-commerce segment.
When asked whether the states are favouring FDI in the sector, she said: “Lets see. We will at least come out with some definition of what e-commerce is”.
“We have got the inputs from the states. We are in the process of putting it all together,” Sitharaman told PTI.
The minister on July 15 chaired a meeting of states on the issues related to foreign direct investment (FDI), the definition and taxation in the e-commerce sector. The states were asked to give their views and comments on the matter.
After the meeting, officials had indicated that the ministry would come out with a detail clarification on the matter, as brick and mortar shops have raised serious concerns over the domestic e-retail players.
As per the current FDI policy, e-commerce activities refer to the “activity of buying and selling by a company through the e-commerce platform”.
“There is no clear definition as of now. It is creating confusion among new start-ups. The government should come up with a detailed definition,” PayU Money Head, Channel Partnerships, Paritosh said.
Industry experts said that the government needs to define the term marketplace and also elaborate as to what constitutes retail and wholesale trading on online platforms.
At present, 100 per cent FDI is allowed in business-to- business (B2B) e-commerce and not in the retail segment.
Global retail giants as well as some domestic e-retailers want the government to relax the foreign investment norms in the the space.
Global players are looking at India as it is one of the fastest-growing markets in Asia-Pacific, along with China. Rise in Internet penetration, adoption of smartphones and lower data rates are completely changing the way India shops.
According to estimates, the sector’s size is around $5 billion annually. Analysts said online shopping is expanding at a massive rate.
On the other hand, traders body CAIT has strongly opposed any kind of relaxation in FDI in e-commerce retail. They have alleged that e-commerce firms are violating FDI norms.
Sitharaman said her ministry is in discussion with finance counterpart over the taxation issues.
In the absence of detailed guidelines, tax disputes have cropped up between e-retailers and some states.


Swachh Bharat cess: PAN card gets costlier by Re 1

With the imposition of the Swachh Bharat cess on all services from today, getting a new Permanent Account Number (PAN) card for income tax purposes has become costlier by a rupee to Rs 107.
The new cess was announced last week by the government and it will levy a surcharge of 0.5% on all taxable services from November 15.
Under revised charges, a PAN card, issued by the Income Tax department to an individual or entity to keep a track on all their financial activities, within the country will now be costing Rs 107 instead of Rs 106.
Similarly, getting a new PAN shipped outside India will cost an individual or entity a total of Rs 989, four rupees more than the existing price of Rs 985.
“The provisions of Swachh Bharat cess (SBC) @ 0.5% under the Finance Act, 2015 are effective from November 15, 2015. Accordingly, service tax rate (for PAN) is increased from 14% to 14.50%,” an official notification issued in this regard said.
The PAN charges were revised by Rs 1 earlier this year in June when service tax charges were enhanced by the government.
PAN is a 10-digit unique alphanumeric number allotted by the I-T department to taxpayers and it has authorised two domestic organisations– UTIITSL and NSDL– to issue them on its behalf. It is issued to an individual or entity in the form of a laminated plastic card.
The government has been wanting to deepen the PAN reach in order to add more taxpayers to the I-T net and ensure better taxpayer services.
Under the new rates for a PAN card to be obtained in India, government will charge Rs 93 as the processing fee and the new service tax levied on it will be Rs 14 which makes the new cost of Rs 107.
In case of the PAN card to be sent abroad, the government will charge Rs 93 as processing fee, Rs 125 as service tax and Rs 771 as the courier charges, bringing the overall cost at Re 989.

Thnaks & Regards,
Meetesh Shiroya
 
 
 
 
 
 
 

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