Supreme Court refuses to stay FDI policy in retail

October 15, 2012

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New Delhi, October 15: The Supreme Court on Monday refused to stay the Centre’s decision to allow Foreign Direct Investment (FDI) in retail sector.

A bench of justices R M Lodha and A R Dave, however, said that the policy suffers from “curable” irregularity of want of legal sanction and asked the RBI to amend the Foreign Exchange Management Act (FEMA) regulations to allow implementation of the government’s policy.

The bench said the RBI should have amended the FEMA regulations before the implementation of FDI policy and asked the banking regulator to take steps to remove the lacunae in the way of giving a final shape to the policy.

The court observed that the regulations should have been amended before the Centre issued the notification, but clarified that the irregularity can now be cured with RBI amending FEMA regulation.

“At least it can be said that it is an irregularity that is curable and as soon as amendment is brought, it would be cured,” the bench said.

During the argument, the court said the policy cannot be stayed just because of this irregularity.

Attorney General G E Vahanvati submitted that he would talk to the RBI Governor to take immediate steps for bringing amendment in the FEMA regulations.

The bench after hearing his submission adjourned the matter for further hearing on November 5.

The court was hearing a PIL filed by lawyer M L Sharma, who has said that RBI’s nod was missing from the Centre’s policy allowing FDI in retail sector.

The apex court on October 5 had sought the assistance of top law officers in hearing the PIL filed by Mr Sharma against opening the multi-brand retail sector to the FDI saying there was a need for clarification since some link is missing pertaining to the RBI regulation on the issue.

Mr Sharma has said in his petition that that retail trading is strictly prohibited under the law of FEMA under which the power to come out with a circular is vested with the RBI which has not issued any regulation after 2008.

He has alleged in his PIL that the Centre’s notification was issued without the authority of law as approval of of neither the President nor the Parliament was secured.

The apex court had, however, rejected the allegation saying “this assumption that the policy has to be in the name of the President is flawed and unfounded.”

“The Constitution does not provide that the policy should be in the name of the President.”

It further said a policy is never required to be placed before Parliament.

The apex court had also said that correctness of the policy has to be challenged on the touch stone of the circular whether it is ultra vires of the law or not.

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News Network
January 12,2020

Kolkata, Jan 12: Prime Minister Narendra Modi on Sunday said a section of the youth is being misguided about the Citizenship Amendment Act and asserted that it will not take away anybody's citizenship.

Modi also said whoever has faith in India and believes in its Constitution can become an Indian citizen.

“There are a lot of questions among the youth about the new citizenship law, and some are being misled by rumours around it... it is our duty to clear their doubts,” the PM said during an address at Belur Math in Howrah district.

“I want to make this clear again that the CAA is not about taking away anybody's citizenship, but about granting citizenship,” he added.

Modi said that some people with political interests are deliberately spreading rumours about the new citizenship law.

Lauding the youth for speaking against religious persecution of minorities, the prime minister said the energy of the country's young will form the basis of change in the 21st century. The PM is on a two-day visit to the city.

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News Network
July 14,2020

Kathmandu, Jul 14: After staking claim to Indian territories of Lipulekh-Kalapani in  a new controversial map,  Nepal Prime Minister KP Sharma Oli on Monday claimed that Ayodhya, the birthplace of Lord Rama, is in Nepal and Lord Rama was Nepali.

“Although real Ayodhya lies at Thori, city in the west of Birgunj, India has claimed that Lord Rama was born there. Due to these continuous claims, even we have believed that deity Sita got married to Prince Rama of India. However, in reality, Ayodhya is a village lying west of Birgunj,” Oli claimed at an event organised at Prime Minister's residence in Kathmandu.

The Prime Minister also blamed India of cultural encroachment by “creating a fake Ayodhya.”

“Balmiki Ashram is in Nepal and the holy place where King Dashrath had executed the rites to get the son is in Ridi. Dashrath’s son Ram was not an Indian and Ayodhya is also in Nepal,” he claimed.

In an attempt to save self from criticism, Oli questioned how Lord Rama could come to Janakpur to marry Sita when there were "no means" of communication. He further said that it to be impossible for Lord Rama to come to Janakpur from present Ayodhya that lies in India.

“Janakpur lies here and Ayodhya there and there is talk of marriage. There was neither telephone nor mobile then how could he know about Janakpur,” Oli said.

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Ahmed Ali Kulai
 - 
Tuesday, 14 Jul 2020

New controversy

 
BJP got next election Muddah

Farhan
 - 
Tuesday, 14 Jul 2020

Ab Ram Mandir Kaha Banega???

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News Network
April 5,2020

Thiruvananthapuram, Apr 5: Eight more COVID-19 positive cases were reported from Kerala on Sunday, four among whom attended the Tablighi Jamat congregation in Delhi and six people were cured, Health Minister K K Shailaja said.

With this, the total number of affected people under treatment in the state has gone up to 256, she said.

"Out of the eight cases, five are from Kozhikode, and one each from Pathanamthitta, Kannur and Kasaragod districts.

In the case of Kozhikode, four out of the five returned from Nizammuddin meet and one from Dubai.

As of date, 10 people who had returned from Nizammuddin in Delhi have been tested positive," the minister said in a release

A total of 314 cases have been reported from Kerala so far and 56 people have been cured, she said

"We have sent 10,221 samples for testing," she said.

A total of 1.58 lakh people are under observation in the state, out of which 776 are in isolation wards in hospitals.

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