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India: Proposed Budget Includes Tax Changes

(Mar. 3, 2010) Both direct and indirect tax regimes will be amended under the 2010/2011 budget presented by the Indian government on February 26, 2010. The direct tax amendments will become effective when ratified by the Parliament. While the corporate income tax rates would not be changed under the proposal, individual income tax brackets would […]

Bangladesh; India: Three Treaties to be Ratified

(Jan. 26, 2010) The Bangladesh Secretary on Home Affairs and the Commerce Secretary of India have signed three treaties, on mutual legal assistance in criminal matters, exchanging prisoners, and combating international terrorism. These treaties are expected to be ratified in January 2010. According to news reports, several Indian nationals have been arrested and detained in […]

India: Supreme Court Orders Court Review of Whether It Can Make Laws

(Nov. 23, 2009) On November 12, 2009, a two-judge bench of the Supreme Court of India referred the question of separation of powers between legislative and judicial organs of the state to a constitutional bench of five judges. In referring the issue to a constitutional bench, the Court cited a 2006 decision of Justice Arijit […]

India: Supreme Court Ruling on the Offense of Abetment of Corruption by a Public Servant

(Sept. 18, 2009) It was reported on September 14, 2009, that the Supreme Court of India, setting aside a judgment of the Goa Bench of the Bombay High Court, ruled that nocentral or stategovernment sanction is needed for prosecution of offenses of abetment committed by public servants. Acceptance or an attempt to accept gratification by […]

India: Plan to Enact Law to Compel Judges to Disclose Assets

(Aug. 27, 2009) The Ministry of Law in India announced that the Government of India would introduce a law in the next session of the parliament to ensure that judges declare their assets and liabilities. Judges of the Supreme Court at present voluntarily file a statement with the Chief Justice of India (CJI) about their […]

India: Amendment Considered for 1869 Christian Law of Divorce

(June 1, 2009) The Law Commission of India, which has the responsibility of drafting new laws and suggesting amendments to other laws, received a suggestion from the High Court of Madras that the Christian Law of Divorce (The Divorce Act., No. 4, 1869) be amended. The 1869 Law was enacted by the British when India, […]

India: Supreme Court Rules Repayment of Debts Does Not Wipe Out Offenses

(May 28, 2009) A. Ravishankar Prasad and A. Manohar Prasad committed the serious offenses of forgery, fabrication of documents, and declaration of such documents to be genuine in order to obtain money (about $31.4 million) from a bank in Chennai, India. When prosecuted, they settled their debts with the bank, and the Debt Recovery Tribunal […]

India: Special Courts to Try Riot Cases

(May 5, 2009) Five special fast-track courts will be set up to try cases resulting from riots in the Indian state of Gujarat in 2002. The events had resulted in numerous deaths – estimates range from 1,000 to 2,500 people, most of them Muslims – following a train fire in which 60 Hindus perished. Some […]

India: “Irretrievable Breakdown” of Marriage Not Grounds for Divorce

(Mar. 13, 2009) In a recent decision, allegedly contrary to its earlier rulings about matrimonial causes, the Supreme Court of India refused to grant a decree of divorce on the ground that there was an “irretrievable breakdown” of the marriage. Interpreting section 13 of the Hindu Marriage Act, 1955, a bench of the Supreme Court […]

India: Parliament Passes Law Against Money Laundering

(Mar. 3, 2009) India's Parliament passed the Prevention of Money-Laundering (Amendment) Bill, 2008. This bill seeks to check the use of illegal money for financing terror and other anti-state activities, cross-border offenses, and counterfeiting of currency. It also facilitates the entry of India into the Financial Action Task Force (FATF), an inter-governmental body mandated to […]