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India: New Derivatives Exchange Established

(Oct. 1, 2010) The United Stock Exchange of India, launched on September 21, 2010, is a new exchange for currency derivatives, or “contracts between sellers and buyers, whose values are derived from the underlying assets, the currency amounts.” Such contracts are “risk management tools in foreign exchange and money markets,” and the new exchange is […]

India: Gunman in Mumbai Attacks Allowed to Appeal

(Oct. 1, 2010) On September 28, 2010, the Bombay High Court agreed to allow the appeal of Pakistani national Mohammad Ajmal Amir Kasab, the lone gunman to survive the November 2008 three-day siege of Mumbai (Bombay). The attack, said to have been coordinated by the Pakistani militant group Lashkar-e-Taiba, resulted in the deaths of 166 […]

India: Proposal to Tighten FDI Investment in Pharmaceuticals Through Use of Compulsory Licensing

(Sept. 1, 2010) A discussion paper made public on August 24, 2010, by India's Department of Industrial Policy and Promotion (DIPP), under the Commerce and Industry Ministry, seeks public comment, through September 30, on issues of compulsory licensing (CL) and certain other government response options related to ensuring the availability and affordability of critical drugs […]

India: Compensation System for Nuclear Accidents

(June 17, 2010) The Civil Liability for Nuclear Damage Bill, 2010, introduced in India's Parliament on May 7, 2010, aims to establish a compensation system for nuclear accidents. India is required to enact legislation on such compensation to fully implement a 2008 agreement between India and the United States on nuclear cooperation. Until India passes […]

India: First Convictions in Bhopal Case

(June 9, 2010) On June 7, 2010, a court in India convicted seven men of “death by negligence” in the 1984 Bhopal chemical disaster. These were the first convictions related to the event that killed nearly 19,000 people; 50,000 others were permanently disabled as a result of their exposure to the toxic gas that was […]

India: Amendment to Regulate Phone Taps to Be Introduced

(May 17, 2010) India's government has announced it will introduce amendments to the Indian Telegraph Act, 1885, to regulate and broaden permissible use of passive (off-the-air interception) of phone conversations. (The Indian Telegraph Act, 1885, Government of India Department of Telecommunications website, http://www.dot.gov.in/Acts/telegraphact.htm (last visited May 14, 2010).) The purpose of the revision of the […]

India: Compulsory Use of Drugs, Brain-Map Tests Considered Unconstitutional

(May 7, 2010) On May 5, 2010, India's Supreme Court ruled that the compulsory use on suspects of narco-analysis, brain-mapping, and polygraph testing is illegal. The Court declared: “[w]e are of the considered opinion that no individual can be forced and subjected to such techniques involuntarily, and by doing so it amounts to unwarranted intrusion […]

India: New Foreign Direct Investment Rules

(Apr. 7, 2010) On February 11, 2010, the Government of India approved new rules on foreign direct investment. They were issued on March 26 by the Department of Industrial Policy and Promotion (DIPP) and entered into force on April 1. Under the liberalized measures, the Finance Minister can endorse proposals involving foreign equity of up […]

India: Decision on Withholding Rule

(Apr. 5, 2010) On March 15, 2010, the Delhi High Court delivered a ruling on the issue of whether Indian companies that pay mobilization and demobilization costs to foreign parent companies must withhold a sum for taxes. The case, Van Oord ACZ India (P) Ltd. V. Commissioner of Income Tax, involved an Indian company that […]

India: Government Seeks to Implement Right to Education by Mid-2010

(Mar. 9, 2010) The Government of India recently announced that it will issue rules to implement the Right of Children to Free and Compulsory Education Bill, 2009, by mid-2010. The Constitution of India was amended in 2002 to make free and compulsory education for children 6 to 14 years old a fundamental right. In 2009, […]