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“Microsoft Blues”: A Call For Regulatory Shift & Invoking No Fault Liability
In the digital age, the security and resilience of critical infrastructure has become a paramount concern for nations worldwide. The recent Microsoft cloud outage, which caused widespread disruptions to various services and applications, has highlighted the world's uninhibited dependency on private companies and the urgent need for policymakers to mitigate the risks of such data outages with...
Royalty Is Tax, States Have No Right To Tax Mineral Rights : Justice Nagarathna's Dissent
The Supreme Court nine-judge bench headed by Chief Justice of India, Dr D.Y. Chandrachud and comprising Justices Hrishikesh Roy, Abhay Oka, BV Nagarathna, JB Pardiwala, Manoj Misra, Ujjal Bhuyan, SC Sharma and AG Masih, by 8:1, held that royalty charged by the Union Government under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) is not tax.The majority has held:...
No Sufficient Evidence To Establish Dominance In Loan Against Property Market, CCI Dismisses Complaint Against Indiabulls Housing Finance Limited
The Competition Commission of India (Commission) bench, comprising Ms. Ravneet Kaur (Chairperson), Ms. Sweta Kakkad (Member), Anil Agrawal (Member) and Mr. Deepak Anurag (Member), has dismissed the complaint against Indiabulls Housing Finance Limited (IHFL) and its Former Chairman, Chairman, Vice Chairman, Managing Director, Executive Director, and Financial Officer. The Commission...
Benefits Of Regularisation Policy Must Be Equally Granted To All Eligible Employees: Supreme Court
The Supreme Court on Monday (July 22) observed that while daily wage employees do not have a legally vested right to seek regularisation, benefits of any policy decision for regularization taken by the competent authority must be extended to all eligible individuals.A bench of Justice Surya Kant and Justice Ujjal Bhuyan upheld MP High Court's order directing the regularisation of appointment of...
Only Men Can Be Prosecuted Under 'Gender-Specific' Law Of Sexual Harassment U/S 354A IPC: Calcutta High Court
The Calcutta High Court has recently held that sexual harassment charges under Section 354A of the Indian Penal Code (IPC) cannot be applied against women since the provision specifically begins with the term "a man."A single bench of Justice Ajay Kumar Gupta perused the provision which begins, "[354A. Sexual harassment and punishment for sexual harassment--(1) A man committing any of...
'Sorry State Of Solid Waste Management In Capital' : Supreme Court Asks Union To Convene Urgent Meeting With GNCTD, MCD
Deploring the sorry state of affairs in the national capital regarding the treatment of solid waste, the Supreme Court on Friday (July 26) directed the Secretary of the Union Ministry of Environment to convene an immediate meeting with officials of the Delhi government, the Commissioner of the Municipal Corporation of Delhi(MCD) and other MCD officers to devise an urgent solution to...
Pollution Under Control(PUC) Certificate Not Mandatory For Third Party Insurance : Supreme Court Recalls 2017 Direction
The Supreme Court removed the condition it had imposed by an order dated August 10, 2017, that required a Pollution Under Control (PUC) certificate as a prerequisite for availing third-party insurance for vehicles.The bench comprising Justice AS Oka and AG Masih allowed an application filed by the General Insurance Council, which highlighted concerns about the 2017 order.Solicitor General...
Supreme Court Suggests Use Of Remote Sensing Technology In Delhi-NCR to Combat Vehicular Pollution
The Supreme Court on Friday (July 26) suggested the use of remote sensing technology within the National Capital Region (NCR) to combat vehicular pollution and directed the Centre to take a decision on this issue within two months.A bench of Justice Abhay Oka and Justice AG Masih directed the Secretary of the Ministry of Road Transport and Highways (MoRTH) to immediately convene a meeting...
Supreme Court Appoints Amicus To Give Suggestions To Ensure Compensation From MACTs and Labour Courts Reaches Beneficiaries
The Supreme Court on Friday (July 26) sought suggestions to ensure that the compensation awarded by the Motor Accident Claims Tribunals (MACTs) and labour courts across the country is received by the beneficiaries.A bench of Justice Abhay Oka and Justice Agustine George Masih appointed Senior Advocate Menakshi Arora as Amicus Curiae in a suo moto case regarding substantial amounts of...
Arbitration| Judge Hearing Sec.34 Application Must Apply Mind To Grounds Of Challenge: Supreme Court
The Supreme Court on Friday (July 26) stressed fon the need for High Courts to ensure that orders dealing with challenges to arbitral awards precisely reflect adequate application of judicial mind on the merits of the case. The Bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing a challenge to the order of the Division Bench of Delhi High Court which has set...
50 Constitution Bench Matters Pending In Supreme Court, Oldest From 1994; 2192 Cases Disposed Since 1950: Law Ministry
Presently, 50 Constitution Bench matters are pending in the Supreme Court. Out of these, 35 cases are pending before 5-Judge Bench, 8 cases are pending before 7-Judge Bench and 9 cases are pending before 9-Judge Bench for adjudication. This information was furnished by the Union Ministry Of Law & Justice as per the information available on the National Judicial Data Grid (NJDG),...
Muzaffarnagar Student Slapping Case| Supreme Court Asks UP Govt To Find Sponsor For Victim Child's School Expenditures
The Supreme Court today (July 26), while hearing the Muzaffarnagar student slapping case, categorically told the State of Uttar Pradesh to find someone who can sponsor the school education of the victim child. Today, during the hearing, when Senior Advocate Garima Prasad submitted on behalf of the State that one of the NGOs has come forward to handle the expenditures, Justice Abhay S...