Government looking for changes in RTI Act
Dec 8, 2009 RTI
Chief Justice of India K G Balakrishnan’s recent request to Prime Minister Manmohan Singh to protect the judiciary from increasingly ‘‘intrusive’’ queries appears to have triggered an exercise to look for options to effect changes in the RTI Act. Following the CJI’s impassioned letter, which said questions asked by chronic litigants about the judiciary could erode its independence, the government has started looking into possible changes in the RTI Act, highly placed sources said.
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Tags: appointment of judges, bench judgments, chief justice of india, constitution bench, high courts, india government, judicial appointments, judiciary, k g balakrishnan, law ministry, litigants, manmohan, prime minister manmohan, purview, rti act, selection process
Right to consult an advocate during interrogation
Nov 19, 2009 Excise Duty
Section 14 of the Central Excise Act and Section 108 of the Customs Act empower officers to summon person, ask questions from persons summoned and record their statement. These statements are legally admissible as evidence in various judicial and quasi-judicial proceeding. Further the persons summoned are legally required to state the truth. These Sections imposes legal duties on the persons summoned, and have wide ranging legal implications, the authors are of the view that the persons summoned under these sections must have a right to consult a legal practitioners of choice at the time of recording of these statements. However the settled position of law is against the view of the authors.
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Tags: article 20, central excise act, constitution of india, customs, interrogation, judgments, judicial proceeding, judiciary, kerala high court, legal implications, legal practitioner, legal practitioners, section 108
Powers of the Tribunal
Nov 16, 2009 Excise Duty
There is a widespread and long standing debate with respect to powers a tribunal can exercise. There is a controversy whether the Tribunal can award cost? Or can it award penal and exemplary cost? Can it recall its order? Can it review its order? Whether a tribunal has inherent powers of the Court? What are the incidental and ancillary powers of the Tribunal?
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Tags: contempt, contradictions, fundamental principles, holistic manner, humble attempt, inherent powers, judgments, judiciary, presumption, presumptions, pronouncements, rule of law, valid questions, witness box
Companies Bill, 2009 will have provisions for Class Action suits which will allow investors to seek compensations from companies
Oct 30, 2009 Company Law
The Corporate Affairs Minister, Mr Salman Khurshid, on Wednesday said that the Companies Bill, 2009 will also have provisions for Class Action suits that will allow investors to seek compensations from companies. At a workshop to discuss the Bill, Mr Khurshid said, “Compensation cases in India are a long-drawn-out process, with few success stories. Within the current framework of the company law there is no provision for compensation for shareholders in the event of negligence or fraud being committed by company directors. We are trying to enable investors to file Class Action suits in India.”
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Tags: affairs minister, board membership, class action suit, class action suits, company directors, compensation cases, compensations, corporate affairs, good corporate governance, independent directors, judiciary, khurshid, negligence, salman, shareholders, sunset clause