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November, 2005

This quarterly legal Newsletter comes to you courtsey Kachwaha & Partners. We hope you enjoy its crisp informative style on select topics. Please do write if you have any comments or wish for more information.
Arbitration

. A 7 Judge Bench of the Supreme Court overruled its 5 Judge Bench decision to hold that power to appoint arbitrator is judicial and not administrative. Far-reaching judgment envisages greater court intervention in the arbitral process

. A court determination as to whether the arbitration agreement is "null and void, inoperative or incapable of being performed" is to be on prima facie view
Corporate

. Government to settle matters pertaining to minor violations of company law in a bid to reduce backlog of pending cases; to focus instead on major defaulters

. Limited liability partnerships to be introduced in India
Infrastructure

. Government to set up Public Private Partnership Appraisal Committee to appraise projects where costs exceed USD 22 million

. National Maritime Development Programme envisages USD 14 billion investment in ports through PPP route

. PM's panel clears infrastructure SPV for project funding in PPP Sector
Intellectual Property

. UK High Court upholds Pfizer's patent in part, preventing Indian company from introducing generic version of drug

. Clash of titans over trade mark - Gujarat High Court upholds concept of unique colour scheme in trade mark
Litigation

. A Foreign Judgment when deemed to be on merits (and enforceable in India)

. Supreme Court holds that mere deviation from "normal" professional standards is not necessarily evidence of medical negligence
FDI

. Government contemplates opening up of retail sector to foreign investment

. Two studies: UNCTAD ranks India second most attractive FDI destination; Deutsche Bank concludes that returns better than in China
Taxation

. Fees paid to technical lab for analysis of samples and tests outside India is income deemed to accrue in India

. Non resident employees of foreign company cannot take advantage of presumptive taxation paid by their employer
Telecom

. Foreign investment norms for India's telecom sector eased

. FIPB approves Vodafone's entry into India
.... & Others

. State of the economy review by the Reserve Bank of India (Mid-term Review of Annual Policy Statement for 2005-06)

. McKinsey says that Indian retail banking revenues to reach US$ 16.5 billion by 2010 (2.6 times increase)
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Disclaimer:
The matters contained in the Newsletter are merely informative in nature and are not meant to constitute legal advice.
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Copyright of all contents in the Newsletter vest with Kachwaha & Partners.