Why 'Royalty' Is Not 'Tax'? Supreme Court Explains

The Supreme Court, in its decision upholding the power of states to to levy tax on mineral rights, observed that royalty set under S.9 of the Mines and Minerals (Development and Regulation) Act 1957 (MMDR Act) does not qualify as tax.A 9-judge Constitution Bench (by 8:1 majority) held that royalty on a mining lease is a contractual payment given by the lessee to the lessor of the mineral...

States' Taxation Powers Must Be Protected From Unconstitutional Interference By Parliament: Supreme Court On 'Fiscal Federalism'

""Any dilution in the taxing powers of the State legislatures will necessarily impact their ability to raise revenues, which in turn will impede their ability to deliver welfare schemes and services to the people."

Supreme Court Issues Notice On MLA Abbas Ansari's Bail Plea In Case Over Alleged Illegal Meetings With Wife In Jail

The Supreme Court today issued notice on Uttar Pradesh MLA Abbas Ansari's plea seeking bail in a case involving allegations that his wife made unrestricted visits to him in Chitrakoot jail and he used her mobile phone to threaten witnesses and officials.A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan passed the order, calling for the UP government's response on Ansari's...

Supreme Court Asks Centre To Submit Policy Decisions Taken To Promote Electric Vehicles

The Supreme Court on Monday (July 22) granted the Centre four weeks to file a counter affidavit along with all policy decisions taken by the Centre from time to time to promote electric vehicles.The development happened in a PIL seeking the promotion and implementation of electric vehicle policies.A bench of Justice Surya Kant and Justice Ujjal Bhuyan also requested Senior Counsel...

Swati Maliwal Assault Case: Bibhav Kumar Approaches Supreme Court Against Delhi HC Order Denying Bail

In a latest development, Delhi Chief Minister Arvind Kejriwal's close aide Bibhav Kumar has approached the Supreme Court against Delhi High Court's denial of bail in the Swati Maliwal assault case.It may be recalled that an FIR was registered against Kumar on the written complaint of Aam Aadmi Party's Rajya Sabha MP Swati Maliwal, who alleged that Kumar assaulted her when she went to...

GM Mustard Case | Justice Nagarathna Flays Failure To Make Biosafety Dossier Public, Says Right To Environmental Information Affected

Recently, Justice BV Nagarathna has upheld the right to a safe and healthy environment as a part of Article 21 by reiterating its existing jurisprudence, including in Virender Gaur vs State of Haryana (1995), where the right to life was expanded to include the hygienic environment as an integral facet of the right to a healthy life and which puts a duty on the State to maintain...

Supreme Court Criticizes Maharashtra Govt For Allocating Notified Forest Land As Compensation For Illegal Property Acquisition

While hearing the TN Godavarman case, an omnibus forest protection matter, the Supreme Court recently pulled up Maharashtra state authorities for allotting a notified forest land to a person as compensation for illegally taking away another property of his. Taking note of the fact that the applicant succeeded in all litigations against the state upto the Supreme Court, and the alternate...

357 High Court Judge Posts Vacant; 219 Proposals From HC Collegiums Being Processed: Union Law Ministry In Rajya Sabha

Responding to a question tabled in the Rajya Sabha, the Union Ministry of Law and Justice today stated that as of July 19, 2024, against the sanctioned strength of 1114 Judges in various High Courts, 757 Judges are working (approx 68%) and 357 posts of Judges are vacant (approx 32%).In comparison, in December last year, there were 324 vacancies out of the same sanctioned strength of 1,114...

S.164(2) Of Companies Act 2013 Has No Retrospective Application Before 2014-15 FY : Supreme Court's Prima Facie View

The Supreme Court has expressed prima facie agreement with a judgment of the Allahabad High Court that Section 164(2) of the Companies Act 2013, which provides for the disqualification of directors (for five years) due to non-filing of balance sheets and annual returns for any continuous period of three financial years, has no retrospective application to the periods preceding Financial...

Automatic Vacation Of Stay Invalid In Pending Trials After Overruling Of 'Asian Resurfacing' Judgment : Supreme Court

Interpreting its decision in High Court Bar Association, Allahabad v. State of U.P. & Ors., which overruled the 2018 judgment in Asian Resurfacing, the Supreme Court has held that if an interim protection order passed by a High Court stood automatically vacated pursuant to Asian Resurfacing but the trial has not been concluded, the vacation of stay shall be invalid and inoperative from...

Kamlesh Tiwari Murder Case : Supreme Court Grants Bail To Alleged Conspirator

The Supreme Court recently granted bail to a man who was accused as a conspirator behind the murder of Hindu Samaj Party leader Kamlesh Tiwari in 2019. The Bench of Justices Abhay S Oka and Augustine George Masih observed that the accused has already been incarcerated for more than 4½ years. Apart from this, the Bench also took into account the allegations imputed against...

J&K CCE 2023 | CAT Srinagar Orders PSC To Produce Results Of Provisionally Allowed Candidates In Sealed Cover

In a fresh development regarding the J&K Combined Competitive (Mains) Examination, 2023, the Central Administrative Tribunal (CAT) Srinagar, comprising members Prasant Kumar (Member A) and M.S. Latif (Member J), has directed the Jammu and Kashmir Public Service Commission (JKPSC) to present the results of provisionally allowed candidates in a sealed cover before the court.After hearing...