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Supreme Court issues notice to Gujarat on Jaswant book ban
The Supreme Court on Tuesday issued notice to the Gujarat government on a writ petition filed by the expelled BJP leader, Jaswant Singh, and the publisher, challenging the notification banning the book Jinnah — India, Partition, Independence.
A Bench of Justices Altamas Kabir and Cyriac Joseph issued the notice during ‘mention’ time after hearing senior counsel Fali Nariman, appearing for Mr. Singh and senior counsel Soli Sorabjee for the publisher Rupa and Co.
Counsel submitted that the ban order violated the petitioners’ fundamental right of freedom of speech and expression as guaranteed under Article 19 (1) (a) of the Constitution.
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The Supreme Court on Tuesday issued notice to the Gujarat government on a writ petition filed by the expelled BJP leader, Jaswant Singh, and the publisher, challenging the notification banning the book Jinnah — India, Partition, Independence.
A Bench of Justices Altamas Kabir and Cyriac Joseph issued the notice during ‘mention’ time after hearing senior counsel Fali Nariman, appearing for Mr. Singh and senior counsel Soli Sorabjee for the publisher Rupa and Co.
Counsel submitted that the ban order violated the petitioners’ fundamental right of freedom of speech and expression as guaranteed under Article 19 (1) (a) of the Constitution.
No relief to Chauhan in Maaza dispute- Food-Cons. Products-News By Industry-News-The Economic Times
In a setback to Bisleri owner Ramesh Chauhan, Delhi HC on Monday declined to modify an earlier injunction (ruling) order against
Bisleri and in favour of The Coca-Cola Company (TCCC) over the legal battle involving IPR for the Maaza beverage. Reacting to the court order, Mr Chauhan told ET that his company Aqua Minerals (AMPL) has asked the HC to vacate this order on the basis that it has no jurisdiction in the matter.
The Delhi HC, in its latest order passed on November 17, has ruled that it would not modify the injunctions it had earlier granted in favour of TCCC and against Mr Chauhan’s company. TCCC has maintained that even though it did not buy the Maaza trademark outside India, no agreement grants Mr Chauhan’s company the right to use the formulations sold to and owned by TCCC outside India
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Glivec case: More time sought on appellate board composition
The Centre has asked the Supreme Court for more time to come up with its suggestion on the composition of the Intellectual Property Appellate Board (IPAB), with regard to having a technical member on the Board.
The IPAB composition is significant, as it will look into the rejection of Novartis’ patent application on its cancer drug Glivec. But the IPAB profile had caused Novartis some heart-burn in the past, as the technical member on the IPAB was the former patent controller, Mr S. Chandrasekaran, under whom Novartis’ patent application on Glivec had been rejected in the first place, in 2006.
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The Centre has asked the Supreme Court for more time to come up with its suggestion on the composition of the Intellectual Property Appellate Board (IPAB), with regard to having a technical member on the Board.
The IPAB composition is significant, as it will look into the rejection of Novartis’ patent application on its cancer drug Glivec. But the IPAB profile had caused Novartis some heart-burn in the past, as the technical member on the IPAB was the former patent controller, Mr S. Chandrasekaran, under whom Novartis’ patent application on Glivec had been rejected in the first place, in 2006.
Fake case: court rejects plea
The Madras High Court on Thursday refused to accede to a request made by a few Bar Associations to desist from “perpetuating” its enquiry into a fake case filed in the Madurai Bench.
Justice K. Chandru said he could not renege on the oath of office he had taken to uphold the rule of law without fear or favour and drop the lawful proceedings at the request of the Bar.
The matter relates to a writ petition which the petitioner herself had denied to have filed.
On August 18, the judge issued notices to the lawyer on record as well the one who had attested the affidavit, seeking an explanation.
DD allowed to book ads for India-Sri Lanka ODIs
State-owned broadcaster Doordarshan has been allowed by the Delhi High Court to book advertisements for the two one-day international (ODI) cricket matches between India and Sri Lanka.
DD will share the revenue generated from these advertisements in the ratio of 25:75 with Ten Sports, the official broadcaster of the series.
This arrangement was approved by the Court as Ten Sports agreed to share the live feed of the remaining two ODI India-Sri Lanka matches with the public broadcaster. The private channel gave this undertaking to the bench of Justice Manmohan Sarin and Justice Veena Birbal.
Court moots norms for taxing foreign companies' subsidiaries
The Bombay High Court has prescribed a ground rule for calculating tax on profits of companies operating in India without a permanent establishment or a branch office, including those that do not maintain country-wise accounts.
The court's decision, which comes as a part of the ruling in a case related to Singapore-based Sony Entertainment Television (SET), can put to end several controversies related to such companies.
The court has ruled that tax authorities could work out the income of such companies at 10 per cent of gross receipts meant for remittance overseas or the income filed for return, whichever is higher. The income then could be taxed at a prescribed rate of 55 per cent, which is the case at present. There are several methods, including the arm's-length pricing and tax rates prevailing in the double taxation treaties.
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The Bombay High Court has prescribed a ground rule for calculating tax on profits of companies operating in India without a permanent establishment or a branch office, including those that do not maintain country-wise accounts.
The court's decision, which comes as a part of the ruling in a case related to Singapore-based Sony Entertainment Television (SET), can put to end several controversies related to such companies.
The court has ruled that tax authorities could work out the income of such companies at 10 per cent of gross receipts meant for remittance overseas or the income filed for return, whichever is higher. The income then could be taxed at a prescribed rate of 55 per cent, which is the case at present. There are several methods, including the arm's-length pricing and tax rates prevailing in the double taxation treaties.
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in case a country had a Double Taxation Avoidance Agreement (DTAA) with India, the authorities should accord priority to the tax rates provided for in the treaty instead of following the arm's-length pricing rule.
What’s obscene? Google could have an answer - IndianExpress.Com
Judges and jurors who must decide whether sexually explicit material is obscene are asked to use a local yardstick: does the material violate community standards?
That is often a tricky question because there is no simple, concrete way to gauge a community’s tastes and values.
The Internet may be changing that. In a novel approach, the defence in an obscenity trial in Florida plans to use publicly accessible Google search data to try to persuade jurors that their neighbours have broader interests than they might have thought. In the trial of a pornographic website operator, the defence plans to show that residents of Pensacola are more likely to use Google to search for terms like “orgy” than for “apple pie” or “watermelon”. The publicly accessible data is vague in that it does not specify how many people are searching for the terms, just their relative popularity over time. But the defence lawyer, Lawrence Walters, is arguing that the evidence is sufficient to demonstrate that interest in the sexual subjects exceeds that of more mainstream topics.
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udges and jurors who must decide whether sexually explicit material is obscene are asked to use a local yardstick: does the material violate community standards?
That is often a tricky question because there is no simple, concrete way to gauge a community’s tastes and values.
The Internet may be changing that. In a novel approach, the defence in an obscenity trial in Florida plans to use publicly accessible Google search data to try to persuade jurors that their neighbours have broader interests than they might have thought. In the trial of a pornographic website operator, the defence plans to show that residents of Pensacola are more likely to use Google to search for terms like “orgy” than for “apple pie” or “watermelon”. The publicly accessible data is vague in that it does not specify how many people are searching for the terms, just their relative popularity over time. But the defence lawyer, Lawrence Walters, is arguing that the evidence is sufficient to demonstrate that interest in the sexual subjects exceeds that of more mainstream topics.
It is not clear that the approach will succeed. The Florida state prosecutor in the case, which is scheduled for trial July 1, said the search data may not be relevant because the volume of Internet searches is not necessarily an indication of, or proxy for, a community’s values. But the tactic is another example of the value of data collected by Internet companies like Google, both from a commercial standpoint and as a window into the thoughts.
DoT moves tribunal to recover Rs 2,015 cr from Tata Tele
The Department of Telecom has filed an appeal with the telecom tribunal seeking to impose a penalty of Rs 2,015 crore on Tata Teleservices Maharashtra Ltd (TTML) for defaulting on payment of licence fee for fixed line telephone services in Karnataka.
The issue dates back to 1995 when Hughes Tele.com acquired licences for Karnataka and Maharashtra but never roll out services in the southern State.
Hughes Tele was later acquired by the Tatas but even they did not start services in Karnataka. DoT has alleged that the Tata company kept on saying for two years that they would launch the services but did not honour its commitments.
The penalty sought by DoT is for non-payment of licence fees during these years and the interest accrued.
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The Department of Telecom has filed an appeal with the telecom tribunal seeking to impose a penalty of Rs 2,015 crore on Tata Teleservices Maharashtra Ltd (TTML) for defaulting on payment of licence fee for fixed line telephone services in Karnataka.
The issue dates back to 1995 when Hughes Tele.com acquired licences for Karnataka and Maharashtra but never roll out services in the southern State.
Hughes Tele was later acquired by the Tatas but even they did not start services in Karnataka. DoT has alleged that the Tata company kept on saying for two years that they would launch the services but did not honour its commitments.
The penalty sought by DoT is for non-payment of licence fees during these years and the interest accrued.
DoT also told the Telecom Dispute Settlement Appellate Tribunal (TDSAT) that had Tata Teleservices surrendered the Karnataka licence, then the Government would have been able to get revenues by giving the licence to another operator.
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