Court Allows Presence of Advocate During Recording of Statement By Director General, Competition Commission of India
|
|
- Cody Palmer
- 5 years ago
- Views:
Transcription
1 Court Allows Presence of Advocate During Recording of Statement By Director General, Competition Commission of India - By G.R.Bhatia 1 In the last seven years, India s fair trade regulator, the Competition Commission of India (CCI) has handed down over seven hundred orders. There is hardly any order which has been struck down by the Competition Appellate Tribunal, an appellate body or any Court on merits of substantive assessment. However, plenty of its orders are facing challenges in various Courts including the Competition Appellate Tribunal on peripheral issues/grounds mainly (a) pre mature or incorrect exercise of jurisdiction, (b) decisions taken by those who have not heard the parties, (c) not affording the charged party an opportunity to defend itself, especially when CCI is in disagreement with the findings of DG, an investigative arm of CCI, (d) DG overstepping the scope of its investigation, (e) DG not affording opportunity to cross examine the witness whose statement is relied upon, and (f) not permitting an Advocate to accompany the deponent during the recording of his/her statement on oath at the investigation stage. Admittedly all these pitfalls hover around the basic tenet of adjudication namely due process, procedural fairness, both flowing from principles of natural justice (PNJs). These are avoidable as well as curable. In order to carry out the purposes of the Act, the CCI 2 as well DG have been conferred with sweeping powers. The CCI can institute an inquiry either suo motu or on information from any person or on reference from State/Statutory Authority 3. The CCI is not obliged to hear the alleged charged party before formation of prima facie opinion 4 and consequent initiation of an Inquiry. Institution of Inquiry relating to anti competitive agreement or abuse of dominance (ACA/AOD) mandates CCI to refer the matter to Director General for carrying out investigation and to submit Investigation Report within the given time. In order to stay clear and to ensure independence and impartiality in investigation, the CCI in its directions makes clear that nothing 1 Partner & Head of Competition Law Practice, Luthra & Luthra Law Offices, New Delhi. He is a former Additional Director General, Competition Commission of India/Monopolies and Restrictive Trade Practice Commission, Government of India. The views of the author are personal. The author can be reached at gbhatia@luthra.com copyright reserved. 2 Section 36- Power to regulate its own procedure beside powers as are vested in a Court while trying a suit 3 Section 19- Inquiry into certain agreements and dominant position of enterprise. 4 Supreme Court in the matter of CCI vs Steel Authority of India. -Page 1 of 5-
2 stated in prima facie order shall tantamount to final expression of opinion on the merits of the case and DG shall conduct its investigation without being swayed in any manner whatsoever by the observations made in the prima facie order. Thus carriage of investigation by Director General, submission of Investigation report and sharing of same with the parties are vital compartments of an inquiry. In the last seven years of enforcement journey of provisions of ACA/AOD in India, it is noticed that CCI has by and large agreed with the findings contained in investigation report of DG and wherever CCI did not agree with the findings of DG, in most such cases, the Competition Appellate Tribunal, on appeal, has either dismissed the order of the CCI or has remitted the matter back to CCI for reconsideration. All these demonstrate that the report of DG is the foundation, beside being a precursor to CCI s order/directions 5. Noting the importance and recognizing that the DG has a daunting task of fact finding, the law empowers him with the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 while trying a suit, namely (a) summoning and enforcing the attendance of any person and examining him oath; (b) requiring the discovery and ;(c) receiving evidence on affidavits; (d) issuing commissions for the examination of documents; and (e) requisitioning public records (subject to certain conditions). In addition, the DG has been conferred with power to undertake search and seizure of course subject to prescribed checks 6 and such a hard approach has been invoked in one case since the enforcement of the law in India. Generally, the DG adopts two pronged soft approach namely collecting/ collating the information from the parties including third parties and public records, if any and recording of the statement of identified persons conversant with the matter under investigation. The information/documents filed by parties do help the Investigator in better understanding of the case including background, regulatory provisions and the issues involved. Though these submissions/responses filed are expected to be comprehensive and truthful, yet neither these are verified much less supported by a personal affidavit of the authorized person. 5 Section 27 lays down orders after inquiry into agreements or abuse of dominant position. These include direction to cease and desist beside imposition of monetary penalty. 6 Section 41 of the Competition Act, Page 2 of 5-
3 In order to check the veracity of the submissions, to have revealed the information to which the deponent has privy either in personal or official capacity, to unearth the business conducts practised but not documented, to fathom the gravity and magnitude of violations, the DG invariably summons the directors and others officers well versed with the business of charged party to tender evidence by way of recording of their statement. It is all in the domain of the DG to decide as to who is to be summoned (notwithstanding whether based out of India or abroad), when a person is be called and what questions are to responded by the deponent. Undeniably antitrust issues are highly complex and a violation of the law triggers serious adverse sanctions and deterrent penalties. Therefore, due process and procedural fairness are the hallmark of sound and sustainable competition regime. The principles of natural justice mandate that no person should be condemned unheard. Right of being heard includes right of being represented by an attorney of choice. However, the Director General for last few years was disallowing advocates/lawyers to accompany the deponent and thus, statement of individuals were being recorded in the absence of lawyers. It is important to note that it was in the interest of the DG that the advocate is present during the deposition. An advocate can also be a witness to recorded statement and witness to the fact that neither coercion nor undue influence was exerted on a deponent during the course of the recording. This would make it difficult for a deponent to retract his statement and make false claims and therefore, the DG should have happily allowed the presence of an Advocate but the practice of recording statement of deponent without Attorney was unscrupulously followed especially when deposition is of an authorized person of charged party. Despite the explicit mandate on the CCI to abide by the principles of natural justice and that an enterprise has the right to be represented by an authorized Attorney, 7 the DG s office which is to conduct investigation for and on behalf of CCI, was not adhering to this mandate of the law. In this context, the observations of Lord Denning would be relevant and useful Once it is seen that a man has a right to appear by an agent, then I see no reason why that agent should not be a lawyer. It is not every man who has the ability to defend himself on his own. He cannot bring out the points in his own favour or the weaknesses in the other side. He 7 Section 35- Appearance before Commission -Page 3 of 5-
4 may be tongue-tied or nervous, confused or wanting in intelligence. He cannot examine or crossexamine witnesses. We see it every day. A magistrate says to a man: You can ask any questions you like ; whereupon the man immediately starts to make a speech. If justice is to be done, he ought to have the help of someone to speak for him; and who better than a lawyer who has been trained for the task? I should have thought, therefore, that when a man s reputation or livelihood is at stake, he not only has a right to speak by his own mouth. He also has a right to speak by counsel or solicitor. An advocate is an officer of the Court and is in fact mandated to assist the Court 8. He is also the voice of others and he owes a variety of obligations to his/her client as well as the society at large. The question of arbitrary, unreasonable, unwritten practice of not allowing authorized advocate to accompany the deponent during the course of recording of statement by the DG, came up for consideration and fortunately it has very recently been settled by the High Court of Delhi 9. In support of rationale for not permitting Advocate at the stage of recording of statement in an ongoing investigation, the CCI/DG came up inter-alia with following arguments: (a) That the Competition Act belongs to the family of legislation which deals with economic offences such as Foreign Exchange Regulation Act etc and Courts have consistently held that a person who is called to give his statement by way of evidence cannot insist as a matter of right that he be accompanied by a lawyer; (b) That the person who is called to give his statement is not an accused and the question of his self incrimination would not arise; (c) Larger public interest calls for expeditious investigation; (d) That the CCI is not barring advocates from practicing before it but a person being investigated has no right to be represented by an advocate during investigation when there is only a fact finding. The Hon ble High Court of Delhi found it difficult to accept the arguments put forth by the CCI/DG and noted that: 8 Obligation cast by the Bar Counsel of India. 9 Order of 22 nd April, 2016 in WP 11411/2015 & CM No /2015 in the matter of Oriental Rubber Industries Private Limited Vs. CCI -Page 4 of 5-
5 (a) The powers of the DG during such investigation are far more sweeping and wider than the power of investigation conferred on Police under the Code of Criminal Procedure Code. While the Police has no power to record evidence on oath but the DG has been vested with such a power; and (b) It is no answer that no prejudice would be caused to the person/enterprise being investigated. The credibility and competitive position of a public company is affected in the business world even though in the end it may be completely exonerated. In addition, the High Court took note that the Advocate Act, 1961 confers a right to practice on Advocates and it provides that every advocate shall be entitled to practice throughout India in all Courts and Tribunals or before person legally authorized to take evidence 10. It further said that right to practice would include accompanying a person who has been summoned before the DG for investigation. In view of court ruling against which no appeal has been filed before the Supreme Court, it is believed that henceforth, the DG and the Attorney representing a party to the proceedings will work in tandem, not protract the proceedings and will ensure that innocent is not punished and violator is not spared. 10 Section 30 -Page 5 of 5-
THE COMPETITION (AMENDMENT) BILL, 2007
1 TO BE INTRODUCED IN LOK SABHA Bill No. 70 of 2007 12 of 2003. THE COMPETITION (AMENDMENT) BILL, 2007 A BILL to amend the Competition Act, 2002. BE it enacted by Parliament in the Fifty-eighth Year of
More informationTHE COMPETITION (AMENDMENT) BILL, 2007
1 AS PASSED BY LOK SABHA ON 6.9.2007 Bill No. 70-C of 2007 12 of 2003. THE COMPETITION (AMENDMENT) BILL, 2007 A BILL to amend the Competition Act, 2002. BE it enacted by Parliament in the Fifty-eighth
More informationFinancial Intelligence Unit India (FIU-IND) Functions of FIU-IND Collection of Information: Analysis of Information: Sharing of Information:
Financial Intelligence Unit India (FIU-IND) Financial Intelligence Unit India (FIU-IND) was set by the Government of India in 2004 as the central national agency responsible for receiving, processing,
More informationAppendix C THE REFUGEES AND ASYLUM SEEKERS (PROTECTION) BILL, ARRANGEMENT OF CLAUSES CHAPTER I PRELIMINARY 1. Short title, extent and
Appendix C THE REFUGEES AND ASYLUM SEEKERS (PROTECTION) BILL, 2006 1 ARRANGEMENT OF CLAUSES CHAPTER I PRELIMINARY 1. Short title, extent and commencement. 2. Definitions. 3. Principles applicable to refugee
More informationCPI Antitrust Journal November 2010 (1)
CPI Antitrust Journal November 2010 (1) Supreme Court Verdict in CCI v SAIL: Setting the Ground Rules for the Commission and the Appellate Tribunal Parthsarathi Jha Trilegal www.competitionpolicyinternational.com
More informationTHE TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997 ARRANGEMENT OF SECTIONS
THE TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997 SECTIONS 1. Short title, extent and commencement. 2. Definitions. ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY CHAPTER II TELECOM REGULATORY AUTHORITY
More informationThe Patent Regulation Board and The Trade Mark Regulation Board. Disciplinary Procedure Rules
The Patent Regulation Board and The Trade Mark Regulation Board Disciplinary Procedure Rules The Patent Regulation Board of the Chartered Institute of Patent Attorneys and the Trade Mark Regulation Board
More informationKSR & Co Company Secretaries LLP PRACTISING COMPANY SECRETARIES & TRADE MARK AGENTS COIMBATORE & CHENNAI
KSR & Co Company Secretaries LLP PRACTISING COMPANY SECRETARIES & TRADE MARK AGENTS COIMBATORE & CHENNAI Assuring Assuring Compliances Compliances & Solutions & Solutions Beyond Beyond Challenge Challenge
More information(No. 73) (Approved August 12, 1997) AN ACT
(H.B. 242) (No. 73) (Approved August 12, 1997) AN ACT To amend subsection (b) and add a new subsection (c) to Section 5; eliminate Section 8; renumber Section 9; amend subsections (a) and (b) of Section
More information2007 No LEGAL PROFESSION, ENGLAND AND WALES. The Solicitors (Disciplinary Proceedings) Rules 2007
STATUTORY INSTRUMENTS 2007 No. 3588 LEGAL PROFESSION, ENGLAND AND WALES The Solicitors (Disciplinary Proceedings) Rules 2007 Made - - - - 14th December 2007 Coming into force - - 14th January 2008 1. Citation
More informationAn Act further to amend the Chartered Accountants Act, 1949.
THE CHARTERED ACCOUNTANTS (AMENDMENT) ACT, 2006 NO. 9 OF 2006 [22nd March, 2006.] An Act further to amend the Chartered Accountants Act, 1949. BE it enacted by Parliament in the Fifty-seventh Year of the
More informationTHE PREVENTION OF MONEY-LAUNDERING ACT, 2002
THE PREVENTION OF MONEY-LAUNDERING ACT, 2002 (15 of 2003) [17 th January, 2003] An Act to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money-laundering
More informationA Presentation by. Years of Expert Professional Services
A Presentation by Years of Expert Professional Services 1 1. History of Competition Law 2. Objectives of Competition Law 3. Competition Law & Regulations 4. Legislation In India.Competition Act, 2002 2
More informationTHE RIGHT OF CITIZENS FOR TIME BOUND DELIVERY OF GOODS AND SERVICES AND REDRESSAL OF THEIR GRIEVANCES BILL, 2011
AS INTRODUCED IN LOK SABHA Bill No. 131 of 2011 THE RIGHT OF CITIZENS FOR TIME BOUND DELIVERY OF GOODS AND SERVICES AND REDRESSAL OF THEIR GRIEVANCES BILL, 2011 CLAUSES ARRANGEMENT OF CLAUSES CHAPTER I
More informationNo. 999 of Oaths, Affirmations and Statutory Declarations Act Certified on: / /20.
No. 999 of 9998. Certified on: / /20. INDEPENDENT STATE OF No. of 9998. ARRANGEMENT OF SECTIONS. PART I OATHS. 1. General provision. 2. Witness s oath. 3. Voir Dire. 4. Interpreter s oath. PART II AFFIRMATIONS.
More informationTHE [PUNJAB] TRIBUNALS OF INQUIRY ORDINANCE, 1969
THE PUNJAB TRIBUNALS OF INQUIRY ORDINANCE, 1969 (W.P. Ord. II of 1969) C O N T E N T S SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Appointment of Tribunal, Commission or Committee
More informationInquiry Guidelines prescribed pursuant to section 33BD of the Central Bank Act 1942
2014 Inquiry Guidelines prescribed pursuant to section 33BD of the Central Bank Act 1942 The Inquiry Guidelines are issued by the Governor of the Central Bank of Ireland, Patrick Honohan, for and on behalf
More information(i) THE LOKPAL AND LOKAYUKTAS BILL, 2011 ARRANGEMENT OF CLAUSES PART I PRELIMINARY. 1. Short title, extent, application and commencement.
(i) CLAUSES THE LOKPAL AND LOKAYUKTAS BILL, 11 ARRANGEMENT OF CLAUSES PART I PRELIMINARY 1. Short title, extent, application and commencement. PART II LOKPAL FOR THE UNION CHAPTER I AS PASSED BY LOK SABHA
More informationTHE CHARTERED INSURANCE INSTITUTE Disciplinary Procedure Rules
THE CHARTERED INSURANCE INSTITUTE Disciplinary Procedure Rules Part 1 General Authority and Purpose 1.1 These Rules are made pursuant to The Chartered Insurance Institute Disciplinary Regulations 2015.
More informationCOMMISSIONS OF INQUIRY ACT
LAWS OF KENYA COMMISSIONS OF INQUIRY ACT CHAPTER 102 Revised Edition 2012 [1963] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2012]
More informationTHE INTER-STATE RIVER WATER DISPUTES ACT, 1956 ACT NO. 33 OF [28th August, 1956.]
THE INTER-STATE RIVER WATER DISPUTES ACT, 1956 ACT NO. 33 OF 1956 1 [28th August, 1956.] An Act to provide for the adjudication of disputes relating to waters of inter-state rivers and river valleys. BE
More informationCriminal Procedure (Reform and Modernisation) Bill 2010
Digest No. 1819 Criminal Procedure (Reform and Modernisation) Bill 2010 Date of Introduction: 15 November 2010 Portfolio: Select Committee: Published: 18 November 2010 by John McSoriley BA LL.B, Barrister,
More informationTHE TAX APPEALS TRIBUNAL ACT, 2013 ARRANGEMENT OF SECTIONS PART I PRELIMINARY
1081 2013 Tax Appeals Tribunal No. 40 Section THE TAX APPEALS TRIBUNAL ACT, 2013 ARRANGEMENT OF SECTIONS 1 Short title and commencement. 2 Interpretation. PART I PRELIMINARY PART II ESTABLISHMENT AND FUNCTIONS
More informationCHAPTER VII PROSECUTION. 1.Sanction for prosecution
CHAPTER VII PROSECUTION 1.Sanction for prosecution Under Section 19 of the Prevention of Corruption Act, 1988, it is necessary for the prosecuting authority to have the previous sanction of the appropriate
More informationSecurities and Exchange Board of India
Circular No. EFD/ED/Cir-1/2007 Sub: Guidelines for (i) Consent Orders and (ii) For considering requests for composition of offences under SEBI Act, SC(R) Act and Depositories Act 20 th April 2007 1. Under
More informationThe Draft Right to Information Ordinance 2008
The Draft Right to Information Ordinance 2008 Translated by Asif Nazrul with Paul La Porte asifnazrul@gmail.com Preamble: The desire to know is people s natural drive. The eagerness to know information
More informationDOMESTIC ENQUIRY NEED FOR DOMESTIC ENQUIRY
DOMESTIC ENQUIRY NEED FOR DOMESTIC ENQUIRY For the smooth functioning of an industry, the defined codes of discipline, contracts of service by awards, agreements and standing orders must be adhered to.
More informationLegal Profession Uniform Conduct (Barristers) Rules under the. Legal Profession Uniform Law
Legal Profession Uniform Conduct (Barristers) Rules 2015 under the Legal Profession Uniform Law The Legal Services Council has made the following rules under the Legal Profession Uniform Law on 26 May
More informationTHE SMALL CLAIMS COURT BILL, 2007
Small Claims Courts Bill, 2007 Section THE SMALL CLAIMS COURT BILL, 2007 ARRANGEMENT OF CLAUSES PART 1 - PRELIMINARY 1 - Short title and commencement 2 - Purpose 3 - Interpretation PART II ESTABLISHMENT
More informationAppeals and Revision. Chapter XVIII
Chapter XVIII Appeals and Revision Sections 107. Appeals to Appellate Authority 108. Powers of Revisional Authority 109. Constitution of Appellate Tribunal and Benches thereof 110. President and Members
More informationTHE PERSONAL DATA (PROTECTION) BILL, 2013
THE PERSONAL DATA (PROTECTION) BILL, 2013 [Long Title] [Preamble] CHAPTER I PRELIMINARY 1. Short title, extent and commencement. (1) This Act may be called the Personal Data (Protection) Act, 2013. (2)
More informationENFORCEMENT OF COMPETITION LAW AND POLICY IN INDIA & ITS NEIGHBOURING COUNTRIES (STUDY OF CHINA & PAKISTAN)
ENFORCEMENT OF COMPETITION LAW AND POLICY IN INDIA & ITS NEIGHBOURING COUNTRIES (STUDY OF CHINA & PAKISTAN) 5.1 Introductory Competition regulation became important around all jurisdictions. The appropriate
More informationTHE PUBLIC INTEREST DISCLOSURE (PROTECTION OF INFORMERS ) BILL 2002
Monday, January 13, 2003 THE PUBLIC INTEREST DISCLOSURE (PROTECTION OF INFORMERS ) BILL 2002 A Bill to encourage disclosure of information relating to the conduct of any public servant involving the commission
More informationTHE PRIVACY (PROTECTION) BILL, 2013
THE PRIVACY (PROTECTION) BILL, 2013 [Long Title] [Preamble] CHAPTER I PRELIMINARY 1. Short title, extent and commencement. (1) This Act may be called the Privacy (Protection) Act, 2013. (2) It extends
More informationTHE LOKPAL BILL, 2011 ARRANGEMENT OF CLAUSES CHAPTER VIII PRELIMINARY ESTABLISHMENT OF LOKPAL INVESTIGATION WING CHAPTER VII PROSECUTION WING
THE LOKPAL BILL, 2011 ARRANGEMENT OF CLAUSES 1. Short title and commencement. 2. Definitions. CHAPTER I PRELIMINARY CHAPTER II ESTABLISHMENT OF LOKPAL 3. Establishment of Lokpal. 4. Appointment of chairperson
More informationCITIZENS RIGHT TO GRIEVANCE REDRESS BILL, A Bill. BE it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:-
1 CITIZENS RIGHT TO GRIEVANCE REDRESS BILL, 2011 A Bill to lay down an obligation upon every public authority to publish citizens charter stating therein the time within which specified goods shall be
More informationTHE EDUCATIONAL TRIBUNALS BILL, 2010
TO BE INTRODUCED IN LOK SABHA CLAUSES THE EDUCATIONAL TRIBUNALS BILL, 2010 ARRANGEMENT OF CLAUSES CHAPTER I PRELIMINARY 1. Short title, extent and commencement. 2. Applicability of Act. 3. Definitions.
More informationKERALA CIVIL SERVICES (CLASSIFICATION, CONTROL & APPEAL) RULES, 1960
1 KERALA CIVIL SERVICES (CLASSIFICATION, CONTROL & APPEAL) RULES, 1960 In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Kerala hereby makes
More informationTHE BLACK MONEY (UNDISCLOSED FOREIGN INCOME AND ASSETS) AND IMPOSITION OF TAX BILL, 2015
AS PASSED BY LOK SABHA ON 11 MAY, Bill No. 84-C of THE BLACK MONEY (UNDISCLOSED FOREIGN INCOME AND ASSETS) AND IMPOSITION OF TAX BILL, ARRANGEMENT OF CLAUSES CHAPTER I CLAUSES PRELIMINARY 1. Short title,
More informationTHE NATIONAL GREEN TRIBUNAL ACT, 2010 ARRANGEMENT OF SECTIONS
SECTIONS 1. Short title and commencement. 2. Definitions. THE NATIONAL GREEN TRIBUNAL ACT, 2010 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY CHAPTER II ESTABLISHMENT OF THE TRIBUNAL 3. Establishment of
More informationIN THE HIGH COURT OF DELHI AT NEW DELHI COMPANY JURISDICTION. CCP (Co.) No. 8 of 2008 COMPANY PETITION NO. 215 OF 2005
IN THE HIGH COURT OF DELHI AT NEW DELHI COMPANY JURISDICTION CCP (Co.) No. 8 of 2008 IN COMPANY PETITION NO. 215 OF 2005 Reserved on: 26-11-2010 Date of pronouncement : 18-01-2011 M/s Sanjay Cold Storage..Petitioner
More informationPHARMAC s implementation of Trans-Pacific Partnership (TPP) provisions and other amendments to application processes September 2016 Appendix two
Appendix 2: Annex 26-A (Transparency and Procedural Fairness for Pharmaceutical Products and Medical Devices) to Chapter 26 (Transparency and Anti-Corruption) of the Trans-Pacific Partnership Agreement.
More informationTHE LOKPAL AND LOKAYUKTAS BILL, As Reported by the Select Committee
THE LOKPAL AND LOKAYUKTAS BILL, 2011 As Reported by the Select Committee THE LOKPAL AND LOKAYUKTAS BILL, 2011 (AS REPORTED BY THE SELECT COMMITTEE) [Words underlined indicate the amendments and asterisks
More informationCHAPTER 13 DEMAND NOTICE/SHOW CAUSE NOTICE, ADJUDICATION, INTEREST, PENALTY, CONFISCATION, SEIZURE, DUTY PAYMENT UNDER PROTEST PART I
CHAPTER 13 DEMAND NOTICE/SHOW CAUSE NOTICE, ADJUDICATION, INTEREST, PENALTY, CONFISCATION, SEIZURE, DUTY PAYMENT UNDER PROTEST 1. Introduction PART I DEMAND NOTICE/SHOW CAUSE NOTICE 1.1 In accordance with
More informationÀA À ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á À À gàzà É ÀaªÁ AiÀÄ C ü ÀÆZÀ É (PÀ ÁðlPÀ gádå ÀvÀæ ÁAPÀ: ªÀiÁZïð 27, 2008 sáuà-4 ÀÄl ÀASÉå: ) ÀASÉå:
ÀA À ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á À À gàzà É ÀaªÁ AiÀÄ C ü ÀÆZÀ É (PÀ ÁðlPÀ gádå ÀvÀæ ÁAPÀ: ªÀiÁZïð 27, 2008 sáuà-4 ÀÄl ÀASÉå: 174-191) ÀASÉå: ÀAªÀå±ÁE 56 PÉñÁ Àæ 2007 ÉAUÀ¼ÀÆgÀÄ, ÁAPÀ: 29 Éà CPÉÆÖÃ
More informationIN THE SUPREME COURT OF INDIA
Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.169 OF 2014 (Arising out of Special Leave Petition (Criminal) No.1221 of 2012) Perumal Appellant Versus Janaki
More information1996 No (L.5) IMMIGRATION. The Asylum Appeals (Procedure) Rules 1996
STATUTORY INSTRUMENTS 1996 No. 2070 (L.5) IMMIGRATION The Asylum Appeals (Procedure) Rules 1996 Made 6th August 1996 Laid before Parliament 7th August 1996 Coming into force 1st September 1996 The Lord
More informationNO About this consultation paper. Introduction 3. Background 3-5. The Standard of Proof Rule The Proposed New Rules 9-10
INDEX PAGE NO About this consultation paper Introduction 3 Background 3-5 The Standard of Proof Rule 5 5-8 The Proposed New Rules 9-10 Equality Impact Assessment 10 How to Respond 11 Appendix A: Draft
More informationTHE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 ARRANGEMENT OF SECTIONS
THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Prevention of sexual harassment. ARRANGEMENT
More informationCHAPTER 02:09 ELECTORAL
CHAPTER 02:09 ELECTORAL ARRANGEMENT OF SECTIONS SECTION PART I Introductory 1. Short title 2. Interpretation 3. Duties of Secretary 4. Appointment of officers 5. Establishment of polling districts and
More informationAPPEARANCES Mr E J Hudson for the Waikato Bay of Plenty Standards Committee No 2 Mr P F Gorringe for Mr XXXX
NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2010] NZLCDT 14 LCDT 025/09 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN WAIKATO BAY OF PLENTY STANDARDS COMMITTEE No.2 Applicant
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS PETER J. LIMONE, et al., ) Plaintiffs, ) ) v. ) Civ. Action No NG ) ) UNITED
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS PETER J. LIMONE, et al., Plaintiffs, v. Civ. Action No. 02-10890-NG UNITED STATES OF AMERICA, et al., Defendants. GERTNER, D.J.: ORDER TO
More informationCHAPTER 4:01 LEGAL PRACTITIONERS ACT ARRANGEMENT OF SECTIONS PART I
LAWS OF GUYANA Legal Practitioners 3 CHAPTER 4:01 LEGAL PRACTITIONERS ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. PART I ADMISSION AND ENROLMENT 2. Interpretation. 3. Existing practitioners to
More informationTHE NATIONAL INVESTIGATION AGENCY ACT, NO. 34 OF 2008 [31st December, 2008.]
THE NATIONAL INVESTIGATION AGENCY ACT, 2008 NO. 34 OF 2008 [31st December, 2008.] An Act to constitute an investigation agency at the national level to investigate and prosecute offences affecting the
More informationThe Protection of Human Rights Act, 1993 [As amended by the Protection of Human Rights (Amendment) Act, 2006 No. 43 of 2006]
The Protection of Human Rights Act, 1993 [As amended by the Protection of Human Rights (Amendment) Act, 2006 No. 43 of 2006] THE PROTECTION OF HUMAN RIGHTS ACT, 1993* No. 10 of 1994 (8th January, 1994)
More informationIN THE HIGH COURT OF BOMBAY AT GOA
:1: IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 132 OF 2011 WITH WRIT PETITION NO. 307 OF 2011 WRIT PETITION NO. 132 OF 2011 Reserve Bank of India, Central Office, 21 st Floor, RBI Building, Shahid
More informationTHE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973
THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973 (ACT NO. XIX OF 1973). [20th July, 1973] An Act to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity,
More informationIN THE HIGH COURT OF DELHI AT NEW DELHI WP( C ) NO (IN THE MATTER OF PUBLIC INTEREST LITIGATION)
IN THE HIGH COURT OF DELHI AT NEW DELHI WP( C ) NO.. 2017 (IN THE MATTER OF PUBLIC INTEREST LITIGATION) IN THE MATTER OF : JOGINDER KUMAR SUKHIJA S/o Sh.Prabhu Dayal Sukhija R/o 174, IInd Floor, Avtar
More informationPROCEDURES FOR CORRUPTION AND MALFEASANCE CASES ACT, B.E (2016)
Tentative Translation * PROCEDURES FOR CORRUPTION AND MALFEASANCE CASES ACT, B.E. 2559 (2016) BHUMIBOL ADULYADEJ, REX; Given on the 26 th Day of September B.E. 2559; Being the 71 st Year of the Present
More informationBar & Bench (
1 TO BE INTRODUCED IN LOK SABHA Bill No. 261 of 2018 THE AADHAAR AND OTHER LAWS (AMENDMENT) BILL, 2018 A BILL to amend the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services)
More informationRULES OF PROCEDURE OF THE FITNESS TO PRACTISE COMMITTEE OF THE ONTARIO COLLEGE OF SOCIAL WORKERS AND SOCIAL SERVICE WORKERS INDEX
RULES OF PROCEDURE OF THE FITNESS TO PRACTISE COMMITTEE OF THE ONTARIO COLLEGE OF SOCIAL WORKERS AND SOCIAL SERVICE WORKERS INDEX RULE 1 INTERPRETATION AND APPLICATION... 1 1.01 Definitions... 1 1.02 Interpretations
More informationChapter : 1 - PRELIMINARY. (1) This Act may be called the Foreign Trade (Development and Regulation) Act, 1992.
Chapter : 1 - PRELIMINARY Section 1 - Short title and commencement (1) This Act may be called the Foreign Trade (Development and Regulation) Act, 1992. (2) Sections 11 to 14 shall come into force at once
More informationTHE BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS (KERALA AMENDMENT) BILL, Kerala Legislature Secretariat 2012
Kerala Legislature Secretariat 2012 KERALA NIYAMASABHA PRINTING PRESS. 468/2012. A BILL to amend the Building and Other Construction Workers Welfare Cess Act, 1996 Preamble. WHEREAS, it is expedient to
More informationTHE COMPETITION (AMENDMENT) BILL, 2012
1 AS INTRODUCED IN LOK SABHA Bill No. 136 of 2012 THE COMPETITION (AMENDMENT) BILL, 2012 A BILL further to amend the Competition Act, 2002. BE it enacted by Parliament in the Sixty-third Year of the Republic
More informationCouncil meeting 15 September 2011
Council meeting 15 September 2011 Public business GPhC prosecution policy (England and Wales) Recommendation: The Council is asked to agree the GPhC prosecution policy (England and Wales) at Appendix 1.
More informationInter-State River Water Disputes Act, 1956
Inter-State River Water Disputes Act, 1956 This document is available at ielrc.org/content/e5601.pdf For further information, visit www.ielrc.org Note: This document is put online by the International
More informationTitle 1. General Provisions
Chapters: 1.05 Reserved 1.10 Ordinances 1.15 Nominations for City Office 1.20 Initiative and Referendum 1.25 Enforcement Procedures 1.30 State Codes Adopted Title 1 General Provisions 1-1 Lyons Municipal
More informationAustralia-Malaysia Extradition Treaty
The Asian Development Bank and the Organisation for Economic Co-operation and Development do not guarantee the accuracy of this document and accept no responsibility whatsoever for any consequences of
More informationThe Limited Liability Partnership Act, 2008
(c) Copyright 2009, vlex. Copyright 2007, vlex. All Rights Reserved. Copy for personal use only. Distribution or reproduction is not allowed. The Limited Liability Partnership Act, 2008 7/01/2009, Chapter
More informationCivil Procedure Act 2010
Examinable excerpts of Civil Procedure Act 2010 as at 2 October 2018 1 Purposes CHAPTER 1 PRELIMINARY (1) The main purposes of this Act are (a) to reform and modernise the laws, practice, procedure and
More informationThe Intellectual Property Regulation Board (incorporating The Patent Regulation Board and the Trade Mark Regulation Board)
The Intellectual Property Regulation Board (incorporating The Patent Regulation Board and the Trade Mark Regulation Board) Final Draft Disciplinary Procedure Rules The Patent Regulation Board of the Chartered
More informationRULES OF PROCEDURE. For Applications & Appeals
Attachment A Resolution of adoption, 2009 KITSAP COUNTY OFFICE OF THE HEARING EXAMINER RULES OF PROCEDURE For Applications & Appeals Adopted June 22, 2009 BOCC Resolution No 116 2009 Note: Res No 116-2009
More informationDisciplinary Policy of Indian Institute of Insolvency Professionals of ICAI
Disciplinary Policy of Indian Institute of Insolvency Professionals of ICAI Contents 1. Preamble 2. Objective 3. Making a Complaint 4. Initial Assessment 5. Show Cause Notice to the Party 7. Rights and
More informationENFORCEMENT ACTIONS BY SEBI. J.Ranganayakulu Executive Director (Law), SEBI
ENFORCEMENT ACTIONS BY SEBI J.Ranganayakulu Executive Director (Law), SEBI ENFORCEMENT ACTIONS BY SEBI Criminal Prosecution Enquiry Suspending or canceling the certificate of registration of intermediaries
More informationBERMUDA PROCEEDS OF CRIME (ANTI-MONEY LAUNDERING AND ANTI-TERRORIST FINANCING SUPERVISION AND ENFORCEMENT) ACT : 49
QUO FA T A F U E R N T BERMUDA PROCEEDS OF CRIME (ANTI-MONEY LAUNDERING AND ANTI-TERRORIST 2008 : 49 1 2 3 3A 4 5 6 6A 7 8 Short title Interpretation Supervisory authorities Amendment of Schedule 2 Designated
More informationTHE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CRIMINAL)
BRITISH VIRGIN ISLANDS Criminal Case No. 1A of 2007 THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CRIMINAL) THE QUEEN V [1] MORRISON WATTLEY [2] ALLAN PARKER Appearances: Mr. Paul Dennis
More informationTAMIL NADU BUSINESS FACILITATION ACT 2017
TAMIL NADU BUSINESS FACILITATION ACT 2017 AN ACT TO SUPPORT TAMIL NADU IN ITS ASPIRATION OF BEING ONE OF THE MOST PREFERRED INVESTMENT DESTINATION IN THE COUNTRY, BY ENSURING ADEQUATE INFORMATION AVAILABILITY
More informationAS INTRODUCED IN THE RAJYA SABHA THE ARMED FORCES TRIBUNAL BILL, 2005 ARRANGEMENT OF CLAUSES
THE ARMED FORCES TRIBUNAL BILL, 2005 ARRANGEMENT OF CLAUSES AS INTRODUCED IN THE RAJYA SABHA ON THE 20TH DECEMBER, 2005 Bill No. CXXIX of 2005 CLAUSES CHAPTER I PRELIMINARY 1. Short title and commencement.
More informationNew Zealand Institute of Surveyors. Policy Statement
New Zealand Institute of Surveyors Policy Statement A19 24 Conduct of Members Policy Number Version Number Date Author Next Review 5.3 3 April 2017 Craig Smith April 2019 Contents Purpose... 3 Introduction...
More informationBanking Baatein: T.R. Radhakrishnan
Banking Baatein: T.R. Radhakrishnan The author is an ex-bank manager and now a Banking & Management consultant with three decades of experience in the banking sector. He is also a facilitator for DRT and
More informationENFORCEMENT GUIDE STATEMENT OF PRINCIPLES & GUIDANCE ON THE EXERCISE OF ENFORCEMENT POWERS. September
ENFORCEMENT GUIDE September 2018 STATEMENT OF PRINCIPLES & GUIDANCE ON THE EXERCISE OF ENFORCEMENT POWERS - 1 - GLOSSARY OF TERMS AML/ATF Anti-Money Laundering & Anti-Terrorist Financing The AML/ATF The
More informationLabuan Offshore Financial Services Authority (Amendment) LAWS OF MALAYSIA. Act A1365
Labuan Offshore Financial Services Authority (Amendment) 1 LAWS OF MALAYSIA Act A1365 LABUAN OFFSHORE FINANCIAL SERVICES AUTHORITY (AMENDMENT) ACT 2010 2 Laws of Malaysia ACT A1365 Date of Royal Assent......
More informationMELNYCHUK v. UKRAINE DECISION
MELNYCHUK v. UKRAINE DECISION THE FACTS The applicant, Mr Mykola Mykytovych Melnychuk, is a Ukrainian national who was born in 1929 and lives in Berdychiv, in the Zhytomyr region of Ukraine. A. The circumstances
More informationTHE FOREIGN TRADE (DEVELOPMENT AND REGULATION) ACT, 1992 ACT NO. 22 OF 1992
THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) ACT, 1992 ACT NO. 22 OF 1992 [7th August, 1992.] An Act to provide for the development and regulation of foreign trade by facilitating imports into, and augmenting
More informationCHAPTER 1:04 NATIONAL ASSEMBLY (VALIDITY OF ELECTIONS) ACT ARRANGEMENT OF SECTIONS
National Assembly (Validity of Elections) 3 CHAPTER 1:04 NATIONAL ASSEMBLY (VALIDITY OF ELECTIONS) ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Method of questioning validity
More informationSTATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION (CONSOLIDATED VERSION)
STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION (CONSOLIDATED VERSION) This text contains the consolidated version of Protocol (No 3) on the Statute of the Court of Justice of the European Union,
More information1. Amendments to the Rules of Procedure of the European Union Civil Service Tribunal of 14 January 2009 (OJ L 24 of , p.
RULES OF PROCEDURE OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL This edition consolidates: the Rules of Procedure of the European Union Civil Service Tribunal of 25 July 2007 (OJ L 225 of 29.8.2007, p.
More informationTHE NATIONAL ENVIRONMENT APPELLATE AUTHORITY ACT, 1997
THE NATIONAL ENVIRONMENT APPELLATE AUTHORITY ACT, 1997 (Act No.22 of 1997) [ Dated 26.3.1997 ] An Act to provide for the establishment of a National Environment Appellate Authority to hear appeals with
More informationCHAPTER 3:04 SUMMARY JURISDICTION (APPEALS) ACT ARRANGEMENT OF SECTIONS
Summary Jurisdiction (Appeals) 3 CHAPTER 3:04 SUMMARY JURISDICTION (APPEALS) ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. MAKING OF APPEAL 3. (1) Right of appeal. (2) Appeals
More informationBERMUDA RULES OF THE COURT OF APPEAL FOR BERMUDA BX 1 / 1965
QUO FA T A F U E R N T BERMUDA RULES OF THE COURT OF APPEAL FOR BERMUDA BX 1 / 1965 [made under section 9 of the Court of Appeal Act 1964 and brought into operation on 2 August 1965] TABLE OF CONTENTS
More informationBAR ASSOCIATION OF QUEENSLAND BARRISTERS CONDUCT RULES. 23 February 2018
BAR ASSOCIATION OF QUEENSLAND BARRISTERS CONDUCT RULES 23 February 2018 TABLE OF CONTENTS PREFACE... 1 PART A NATIONAL RULES... 1 INTRODUCTION... 1 Objects... 1 Principles... 1 Interpretation... 2 Application
More informationThe Mortgage Brokers Act
The Mortgage Brokers Act UNEDITED being Chapter M-21 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated
More informationSmall Claims and Minor Offences Courts Ordinance, 2002.
ORDINANCE NO. XXVI OF 2002 AN ORDINANCE to consolidate and enact the law relating to small claims and minor offences WHEREAS it is expedient and necessary to consolidate and enact the law relating to small
More informationPublic Service Act 2004
Public Service Act 2004 SAMOA PUBLIC SERVICE ACT 2004 Arrangement of Provisions PART 1 PRELIMINARY 1. Short title and commencement 2. Objects 3. Interpretation 4. Employer powers exercised on behalf of
More informationTHE PROHIBITION OF UNFAIR PRACTICES IN TECHNICAL EDUCATIONAL INSTITUTIONS, MEDICAL EDUCATIONAL INSTITUTIONS AND UNIVERSITIES BILL, 2010
CLAUSES THE PROHIBITION OF UNFAIR PRACTICES IN TECHNICAL EDUCATIONAL INSTITUTIONS, MEDICAL EDUCATIONAL INSTITUTIONS AND UNIVERSITIES BILL, 2010 ARRANGEMENT OF CLAUSES CHAPTER I PRELIMINARY 1. Short title,
More informationSingapore: Mutual Assistance In Criminal Matters Act
The Asian Development Bank and the Organisation for Economic Co-operation and Development do not guarantee the accuracy of this document and accept no responsibility whatsoever for any consequences of
More informationThe Protection of Human Rights Act, No 10 of 1994
The Protection of Human Rights Act, 1993 No 10 of 1994 An Act to provide for the constitution of a National Human Rights Commission. State Human Rights Commission in States and Human Rights Courts for
More informationPROTOCOL (No 3) ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION
C 83/210 Official Journal of the European Union 30.3.2010 PROTOCOL (No 3) ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION THE HIGH CONTRACTING PARTIES, DESIRING to lay down the Statute of
More informationFOREIGN EXCHANGE MANAGEMENT ACT, 1999
FOREIGN EXCHANGE MANAGEMENT ACT, 1999 An Act to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development
More informationPOWERS AND PRIVILEGES (SENATE AND HOUSE OF ASSEMBLY) ARRANGEMENT OF SECTIONS
[CH.8 1 CHAPTER 8 (SENATE AND HOUSE OF ASSEMBLY) SECTION ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. Short title. 2. Interpretation. PART II PRIVILEGES AND IMMUNITIES OF SENATORS AND MEMBERS 3. General
More information