Regulatory
The notification of the Information Technology Rules 2011 in April 2011 include new privacy and online publishing regulations, which could pose significant roadblocks for business operations with restrictive handling of personal data and information and introduction of stringent guidelines for intermediaries and cyber cafes.
Competition Law
Exclusive: P&A Associates and client MCX-SX won an order from the Competition Commission of India (CCI) finding that the National Stock Exchange (NSE), which was represented by Amarchand Mangaldas and Vaish Associates, had abused its dominant position.
The case will head to the CCI on 2 June to allow NSE to respond on the question of penalty, but the decision significantly reduced the director general’s (DG) earlier definition of the “relevant market” in a partial victory for NSE, according to a CCI draft order that Legally India has seen.
Competition Law
Breaking: The Competition Commission of India (CCI) has ruled on the first ever case to enter its doors, levying nominal fines against prominent film producers in the case brought by Luthra & Luthra on behalf of cinema owners two years ago.
Competition Law
The Competition Commission of India (CCI) would now be open to informal talks with advisers before final merger control filings: an amendment of the policy in its latest draft regulations.
Competition Law
Breaking: The long-awaited latest and probably final draft of the Competition Commission’s merger control rules are finally here, and the CCI appears to have listened to a number of key stakeholder concerns.
Tax
The Finance Ministry has reversed its earlier budget proposal that would make service tax payable by professionals such as lawyers when bills are issued rather than when they are paid, after protests and representations from lawyers that this would be unduly onerous.
Tax
Exclusive: The Authority for Advance Rulings (income tax) has pronounced an order in favour of former Tata-Quippo shareholder DBZ Mauritius, which is contrary to the Bombay High Court’s view in the Vodafone-Essar tax case.
Regulatory
Exclusive: The Bar Council of India (BCI) has requested comments on the new draft code of ethics for advocates, which introduces rules on conflicts of interests, bans conditional fee arrangements (CFAs) and continues to restrict advertising and business interests of lawyers.
Constitutional law
The Supreme Court today rejected activist Pinky Virani’s mercy-killing petition for comatose former nurse Aruna Ramachandra Shanbaug with the case not qualifying for “passive euthanasia” which the court accepted “in principle”.
Competition Law
The Competition Commission of India (CCI) was notified with its full merger control powers late last, according to competition lawyers, which would take effect from 1 June.
Tax
11:00am The Finance Minister Pranab Mukherjee’s 2011 India Union budget has just started after having been approved by cabinet. This blog will begin in earnest once the budget is over and we can get reactions from lawyers. In the meantime, IBN Live has a nice live blog page with a fast video and text updates. Please post your comments and thoughts on the budget below in the meantime.
Constitutional law
The Kerala government has set up a special tribunal in application of “the polluter pays principle” to enable aggrieved individuals to seek compensation and settle disputes with Coco-Cola after a state committee held the company guilty of causing “reckless” pollution and water depletion in the district of Plachimada.
Intellectual property (IP)
IP firm Lall, Lahiri and Salhotra partners Anuradha Salhotra and Rahul Chaudhry critique the proposed amendments to the Copyrights Act shortly before the upcoming parliamentary sessions.
Tax
Economic Laws Practice (ELP) has won a Rs 257 crore service tax reprieve for clients Jetlite before the Custom Excise & Service Tax Appellate Tribunal (CESTAT) which held that brand promotion without reference to services offered under business auxiliary services (BAS) category is not taxable.
Intellectual property (IP)
NUJS Kolkata professor Shamnad Basheer and a music company filed two public interest litigations (PILs) in the Madras High Court to mend gross “infirmities” and arbitrary “tribunalisation” in the constitution and functionality of the Intellectual Property Appellate Board (IPAB) and the Copyright Board.
Competition Law
Amarchand Mangaldas has challenged the Competition Commission of India’s (CCI) jurisdiction in a writ petition filed for Indian Oil Corporation (IOC) to prevent the anti-trust regulator, which is represented by Economic Laws Practice, from deciding on an aviation fuel suppy dispute with Reliance Industries Limited (RIL) represented by R Sariprabhu Advocates.