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Lawyers Appearing For Client In Courts Aren't 'Service Providers' As Per Consumer Protection Act, Says Amicus; Supreme Court Reserves Judgment
The Supreme Court on Thursday (February 29) reserved judgment on the issue whether advocates can be held liable under the Consumer Protection Act for deficiency of services. A Bench of Justices Bela Trivedi and Pankaj Mithal heard the matter. On the final day, Senior Advocate V Giri, the amicus curiae in the matter, addressed the bench.The issue, which is relevant for members of the...
'Serious Violations' : Supreme Court Dismisses Vedanta's Plea To Reopen Copper Smelting Unit In Tamil Nadu's Tuticorin
Citing 'repeated breaches' and 'serious violations' on the part of Vedanta, the Supreme Court on Thursday (February 29) refused to grant it permission to reopen its Sterlite copper smelting plant in Tamil Nadu's Tuticorin.A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra dismissed the special leave petition filed by Vedanta Limited against an August 2020...
Lucknow Akbar Nagar Demolitions: Supreme Court Stops LDA From Demolishing Houses Till HC Verdict, Says Many Are Poor
In a swift response to the recent demolitions of commercial spaces in Lucknow's Akbar Nagar, multiple petitions have been filed in the Supreme Court challenging the legality of the demolition orders. The move comes after the Allahabad High Court's dismissal of pleas from 24 occupants, clearing the way for the Lucknow Development Authority (LDA) to proceed with the demolition of allegedly...
'Distributor Not Agent, Independent Contractor': Supreme Court Elaborates Law On Agency
While deciding the question of cellular mobile service providers' liability to deduct tax at source under Section 194-H of the Income Tax Act, 1961, the Supreme Court recently summarized aspects that must be kept in mind by Courts while examining whether principal-agent relationship exists in particular case.The factors/aspects enunciated by the Bench of Justices Sanjiv Khanna and SVN...
HCs & SC Should Refrain From Fixing Time-Bound Schedules For Case Disposal In Other Courts Ordinarily: Supreme Court
In a momentous ruling, a Supreme Court constitution bench on Thursday (February 29) reversed its 2018 Asian Resurfacing judgment, firmly stating that directives mandating automatic expiration of interim orders after a set period cannot be issued by the apex court under Article 142 of the Constitution.The latest ruling was handed down on Thursday by a five-judge bench led by Chief Justice...
TDS Under S.194-H Income Tax Act Won't Apply To Business Transactions Where Assessee Is Not Responsible For Paying Income : Supreme Court
In a significant development, the Supreme Court recently held that under Section 194-H of the Income Tax Act, 1961, cellular mobile service providers are not liable to deduct tax at source on income/profit component in payments received by their franchisees/distributors from third parties/customers. “…we hold that the assessees would not be under a legal obligation to deduct tax...
Rule Disqualifying Candidate Having More Than 2 Children From Govt Job Doesn't Violate Constitution : Supreme Court
The Supreme Court upheld the decision of the Rajasthan Government to disqualify a candidate from applying to a police constable post for having more than two children.The Court held that Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989, which provides that “no candidate shall be eligible for appointment to the service who has more than two children on or after 01.06.2002"...
No Automatic Vacation Of Stay Orders Of HCs On Civil & Criminal Trials : Supreme Court Overturns 'Asian Resurfacing' Judgment
In a significant ruling, the Supreme Court on Thursday (February 29) overturned its 2018 Asian Resurfacing judgment which mandated the interim orders passed by High Courts staying trials in civil and criminal cases will automatically expire after six months from the date of the order, unless expressly extended by the High Courts.The latest verdict, setting aside the earlier ruling, was handed...
Are States' Powers To Tax Mineral Rights Limited By MMDR Act? Supreme Court 9-Judge Bench Discusses [Day 2]
The Supreme Court's 9-judge Constitution Bench continued its hearing on the intricate taxation matter related to mineral-bearing lands, exploring key questions about the constitutional distribution of powers. Chief Justice DY Chandrachud raised a pivotal query during the session, questioning whether a tax on mineral-bearing land, while technically a land tax, could impact mineral...
'Lawyers Function In An Environment Beyond Their Control' : SCAORA Urges Supreme Court To Not Apply Consumer Protection Act To Advocates
Today (on February 28), before the Supreme Court, in an important matter regarding the inclusion of lawyer's services under the Consumer Protection Act of 1986, submissions were advanced to convince the Bench as to why Services would not fall under the mentioned Act. The Supreme Court Advocates-on-Record Association (SCAORA), which has intervened in this matter, brought out four...
'Sikh Chamar' & 'Ravidaasiya Mochi' Synonymous? Supreme Court Reserves Judgment In MP Navneet Kaur Rana's Caste Certificate Case
In a plea over the cancellation of Amravati MP Navneet Kaur Rana's 'Mochi' caste certificate, the Supreme Court today reserved its judgment.The Bench of Justices JK Maheshwari and Sanjay Karol was hearing Rana's challenge to a Bombay High Court order of 2021, where it was observed that she fraudulently obtained 'Mochi' caste certificate, even though records indicated that she belonged to...