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Double Taxation Avoidance Agreement Cannot Be Enforced Unless Notified By Centre Under Section 90 Income Tax Act : Supreme Court
The Supreme Court has held that a Double Taxation Avoidance Agreement (DTAA) cannot be given effect to by a court, authority or a tribunal unless it has been notified by the Central Government under Section 90 of the Income Tax Act.The Court held that until the Government of India issues a notification as per Section 90, the DTAA treaty is not enforceable per se in Indian courts.A...
Supreme Court Seeks Delhi Police's Response To Pleas Challenging Arrests Of NewsClick Chief Editor & HR Head In UAPA Case
The Supreme Court on Thursday issued notice to the Delhi Police in the pleas by NewsClick founder and editor-in-chief Prabir Purkayastha and human resources head Amit Chakraborty challenging their recent arrest. A bench of Justices BR Gavai and Prashant Kumar Mishra was hearing the special leave petitions by the duo challenging a decision of the Delhi High Court upholding their arrest by...
Supreme Court Sets Aside HC Judgment Which Invalidated Assembly Election Of Arunachal Pradesh MLA Dasanglu Pul
The Supreme Court on Thursday (October 19) set aside the judgment of the Gauhati High Court which invalidated the election of BJP MLA from Arunachal Pradesh Dasanglu Pul to the State Assembly in 2019.A bench comprising Justices AS Bopanna and PS Narasimha allowed the appeal filed by Pul and dismissed the election petition filed against her election. In May, the Supreme Court had granted...
Commercial Courts Should Examine If Plea For Urgent Interim Relief Is A Disguise To Circumvent Pre-litigation Mediation Under S.12A : Supreme Court
While reiterating the mandatory nature of Section 12A of the Commercial Suits Act, which mandates pre-litigation mediation unless the suit contemplates urgent relief, the Supreme Court stated that plaintiff has no absolute choice to avoid pre-litigation mediation by merely making a prayer for urgent interim relief.The Commercial Court should examine that the prayer for urgent interim relief...
"Cannot Pursue Petitions To Show To Press": Supreme Court Dismisses Ashwini Upadhyay's PIL Seeking Uniform Endowment Code
The Supreme Court on Wednesday(October 18) refused to entertain a PIL filed by Advocate Ashwini Upadhyay seeking to declare that Hindus, Buddhists, Jains and Sikhs have similar rights to administer their religious places without State interference like Muslims, Parsis and Christians. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra remarked that the...
Marriage Equality Case : Conclusions & Directions Of Supreme Court Judgments
Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat and Justice PS Narasimha pronounced separate judgments.In terms of the reportable judgment, the Chief Justice of India issued following directions and conclusions:a. The Union Government, State Governments, and Governments of Union Territories are directed to:i. Ensure that the queer community is...
Provident Fund | When Can Two Establishments Be Clubbed Together For EPF Act Coverage? Supreme Court Explains
A Division Bench of the Supreme Court recently determined the legal position pertaining to the clubbing of different institutes for the purpose of coverage under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act). After referring to several decisions with respect to the subject matter, the Court concluded that there is a financial integrity between the...
Supreme Court Grants Bail To Congress Leader Accused Of Making Facebook Posts Against India, Prime Minister
The Supreme Court on Wednesday (18.10.2023), granted bail to Congress Leader Afzal Lakhani who has been accused of making 'Anti-Indian', and 'Pro-Pakistani' Facebook Posts and posting derogatory remarks about Prime Minister Narendra Modi and his late mother Hiraba. The Gujarat High Court had denied him bail in June this year stating that 'people staying in India must be faithful to it'. Today,...
Supreme Court Weekly Roundup(9th-15th Oct)
Customs Duty - Undervaluation Must Be Proved By Evidence Of Prices Of Contemporaneous Imports; Else Benefit Of Doubt Goes To Importer: Supreme CourtCase Title: Commissioner of Customs (Imports), Mumbai v. M/s Ganpati OverseasCitation: 2023 LiveLaw (SC) 864The Supreme Court has recently highlighted that the transaction value (the price actually paid or payable for the goods) should be the...
Supreme Court Stays Manipur Police's Arrest Of Transgender Rights Activist In Case Over Social Media Posts
The Supreme Court on Wednesday (October 18) stayed the arrest of a transgender rights activist by the Manipur police in relation to social media posts made by her with regard to the alleged misappropriation of the transgender persons' welfare fund by the social welfare department and restrained the Manipur police from registering any fresh case based on such posts.A bench comprising...
'National Interest Can Be In Hearing The Matter Also': Supreme Court To Examine If Judgment Upholding ED's Powers Need Reconsideration
In a significant development, a three-judge bench of the Supreme Court agreed to hear applications seeking reconsideration of the judgment in the 'Vijay Madanlal Chaudhary' which became controversial for strengthening the powers of the Directorate of Enforcement.A three-judge bench of Justices SK Kaul, Sanjiv Khanna and Bela M Trivedi on Wednesday (October 18) listed the matter for hearing...
Supreme Court Issues Notice To Air India On Plea Seeking Higher Compensation For 2020 Plane Crash In Kerala
The Supreme Court on Wednesday (Oct. 18) issued notice on the special leave petitions filed by the passengers seeking compensation for their losses in the tragic Air India Express Flight IX-1344 crash at Karipur International Airport, Kozhikkode in 2020. The Court also tagged it along with the civil appeals pending on the same issue arising out of the 2010 Mangalore air crash.The Court...