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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March 31,2020

New Delhi, Mar 31: India is likely to blacklist about 300 foreigners who came from 16 countries, including Malaysia and Thailand, on tourist visas but attended an Islamic congregation at Nizamuddin here that has become a key source for the spread of coronavirus in the country, officials said on Tuesday.

These foreigners were among around 8,000 people who attended the Tabligh-e-Jamaat at Nizamuddin Markaz facility in March, many of whom have shown symptoms of COVID-19, a Union Home Ministry officlal said.

About 30 of those who attended the Nizamuddin event in mid-March tested positive and at least three have succumbed to the infection in last few days.

"Those who came on tourist visa but attended the Nizamuddin event stands being in our blacklist as they have violated the visa conditions. Tourist visa holders can't attend religious function," a Union Home ministry official said.

If a foreigner is put in the Home ministry's blacklist, he or she can't travel to India in future.

A total of 281 foreigners were found by the police at the Nizamuddin campus in the last two days.

They include 19 people from Nepal, 20 people from Malaysia, one from Afghanistan, 33 from Myanmar, one from Algeria, one from Djibouti, 28 from Kyrgystan, 72 from Indonesia, 7 from Thailand, 34 from Sri Lanka, 19 from Bangladesh, three from England, one from Singapore, four from Fiji, one from France and one from Kuwait.

Most of these foreigners came on a tourist visa, an official said.

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News Network
April 16,2020

New Delhi, Apr 16: The number of COVID-19 cases in India has reached 12,759, the Health Ministry said on Thursday.

According to the official data, India has 10,824 active cases and 1514 discharged and cured cases. Meanwhile, 420 people have died from the disease which originated in China.

Maharashtra has reported the highest number of cases in the country which stands at 2919, including 295 cured and discharged and 187 deaths.

With 1578 coronavirus cases, Delhi is in the second position of India's tally of corona infected people; followed by Tamil Nadu (1242) and Rajasthan (1023).

Kerala, which reported India's first coronavirus case, has 388 confirmed cases, including 295 cured and discharged and 187 deaths.

On the other hand, Uttar Pradesh and Haryana, that border the national capital, have 773 and 205 cases, respectively.

Chhattisgarh, Chandigarh and Pudducherry have reported 33, 21 and 7 cases respectively. While West Bengal has 231 coronavirus infected people, Odisha has confirmed 60 cases.

The newly carved union territories -- Ladakh and Jammu and Kashmir--- have 17 and 300 cases, respectively.

In the Northeast, 33 people were detected positive for COVID-19 in Assam, which is the worst-affected states in the region. Six corona cases were confirmed from Meghalaya, two each from Manipur and Tripura and one from Arunachal Pradesh. Nagaland remains free from coronavirus till date, said the Ministry.

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News Network
June 16,2020

New Delhi, Jun 16: Jet fuel or ATF price on Tuesday was hiked by 16.3 per cent while petrol price was increased by 47 paise per litre and that of diesel by a record 93 paise on the back of firming international oil rates.

Aviation turbine fuel (ATF) price was hiked by ₹5,494.5 per kilolitre (kl), or 16.3 per cent, to ₹39,069.87 per kl in the national capital, according to a price notification by state-owned oil marketing companies.

This is the second straight increase in ATF price this month. Rates were hiked by a record 56.5 per cent (₹12,126.75 per kl) on June 1.

Simultaneously, petrol and diesel prices were hiked for the 10th day in a row.

Petrol price in Delhi was hiked to ₹76.73 per litre from ₹76.26, while diesel rates were increased to ₹75.19 a litre from ₹74.26, the price notification said.

In 10 hikes, petrol price has gone up by ₹5.47 per litre and diesel by Rs 5.8 a litre.

Rates have been increased across the country and vary from state to state depending on the incidence of local sales tax or VAT.

The hike in diesel rates is the highest daily increase since the state-owned fuel retailers started daily revision in rates in May 2017.

Hike for 10th consecutive day

Tuesday’s increase in petrol and diesel price marks the 10th straight day of rise in rates since oil companies on June 7 restarted revising prices in line with costs, after ending an 82-day hiatus.

The freeze in rates was imposed in mid-March soon after the government hiked excise duty on petrol and diesel to shore up additional finances.

Oil PSUs Indian Oil Corp (IOC), Bharat Petroleum Corp Ltd (BPCL) and Hindustan Petroleum Corp Ltd (HPCL) instead of passing on the excise duty hikes to customers adjusted them against the fall in the retail rates that was warranted because of fall in international oil prices.

The June 1 hike in jet fuel price had come after seven consecutive reductions in rates since February. ATF price in Delhi before the reduction cycle began in February was ₹64,323.76 per kilolitre, which got reduced to ₹21,448.62 last month.

Industry officials said the hike was necessitated because benchmark international rates have bounced back from a two-decade low.

While ATF prices are revised on 1st and 16th of every month, petrol and diesel prices are revised on a daily basis.

Oil companies used to revise ATF prices on the first of every month, but adopted fortnightly revisions on March 21 to pass on the benefit of falling international oil prices to airlines.

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