Supreme court
Dividend Income From Indian Entity's Establishment In Oman Having ‘Permanent Establishment’ Status Under DTAA Not Taxable In India: Supreme Court
The Supreme Court has held that if an Indian Entity’s Establishment is operating in Oman and has a ‘Permanent Establishment’ status under Double Taxation Avoidance Agreement (“DTAA”), then the dividend income received by the Indian Entity from such Establishment would not be taxable under Indian Taxation laws.As per the laws in Oman, the dividend distributed by all companies,...
Plea In Supreme Court Seeks Law To Ban Screening Procedure For Nursery School Admissions In Delhi
A civil rights group ‘Social Jurist’, has approached the Supreme Court against the order of the Delhi High Court rejecting its Public Interest Litigation (PIL) filed to expedite the finalization of Delhi School Education (Amendment) Bill, 2015. The bill prescribes banning of a screening procedure in the admission of children at the pre-primary level.The plea contends that even though bill...
Order V Rule 2 Of Civil Procedure Code Requires Service Of Summons With Plaint: Supreme Court
The Supreme recently said that service contemplated under Order V Rule 2 of the Code of Civil Procedure, 1908, implies service of summons along with the copy of the plaint.A bench of Justice Aniruddha Bose and Justice Bela Trivedi, was hearing a challenge against an order of the original side of the Delhi High Court, Commercial Division. The Court was considering the starting day...
Working For Long Period On Contractual Basis Creates No Vested Right For Regularisation: Supreme Court
The Supreme Court recently held that by working for a long period of time on contractual basis, no vested legal right is acquired for regularisation in service. The Apex Court was considering the appeal of persons appointed in Shri Guru Govind Singh Institute of Engineering and Technology on contractual basis since 2011. They had sought regularisation in service in their respective...
'ED Loves Spreading Itself Out & Going Beyond Predicate Offence' : Harish Salve To Supreme Court Seeking Relief To Delhi Liquor Scam Accused
The Enforcement Directorate "loves spreading itself out and going beyond the predicate offence", said Senior Advocate Harish Salve, while arguing for extension of interim bail for Pernod Ricard India Regional Manager Benoy Babu in the money laundering case in relation to the Delhi's liquor policy scam. “For whatever reason the man is out today, the Court has granted him some reprieve, 10...
Supreme Court Weekly Roundup: September 11 To September 17, 2023
Judgments/OrdersIt Is Duty Of Police To Produce Imprisoned Accused Before Court, Accused Can't Be Blamed For Police's Negligence: Supreme CourtCase Title: Satendra Babu vs. State of Uttar PradeshCitation : 2023 LiveLaw (SC) 766The Supreme Court recently stated that when accused persons are in prison, it is the duty of the police to produce them before the trial court. If the police fail...
Supreme Court Refuses To Interfere With Madras HC Order Prohibiting Sale Of Ganesh Idols With Plaster Of Paris
The Supreme Court on Monday (September 18) refused to interfere with an order passed by the Madras High Court which disallowed the sale of Ganesh idols containing plaster of paris in Tamil Nadu.The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra dismissed a petition challenging a division bench decision of the Madras High Court which stayed an order of a...
'Nothing Has Happened' : Supreme Court Flays Maharashtra Speaker For Delaying Decision On Disqualification Petitions In Shiv Sena Matter
The Supreme Court on Monday (September 18) expressed disapproval of the delay by the Speaker of the Maharashtra Legislative Assembly in deciding the disqualification petitions arising out of the rift within the Shiv Sena party between the Uddhav Thackeray and Eknath Shinde groups.The Court said that the Speaker cannot delay the proceedings under the Tenth Schedule of the Constitution...
Can't Get Into Rivalry Between NBDA & NBF, Want Self Regulatory Mechanism For TV News Channels Tightened : Supreme Court
The Supreme Court on Monday (September 18) orally said that it does not want to get caught up in the rivalry between rival news media organisations and that it was only concerned with giving the self-regulatory mechanism for TV channels "some teeth".This response of the Court came when the News Broadcasters Federation (NBF) questioned the locus standi of the News Broadcasters and...
Res Judicata Can't Be Decided In Application Under Order VII Rule 11 CPC As Previous Suit Documents Have To Be Seen : Supreme Court
The Supreme Court has recently reiterated that the principle of res judicata cannot be invoked as a ground for the rejection of a plaint under Order VII Rule 11(d) of the Code of Civil Procedure (CPC). This decision, delivered by a bench comprising Justices Abhay S. Oka and Justice Pankaj Mithal clarified the scope and application of Rule 11(d) of CPC and its relationship with the doctrine of...
Supreme Court Comes To Rescue Of Party Who Filed Cheque Bounce Case In Wrong Court After Noting He Got Incorrect Legal Advice
In a notable case, the Supreme Court recently gave relief to a party whose complaint for cheque dishonour was dismissed by the Magistrate at the final hearing stage on the ground of lack of territorial jurisdiction.The Supreme Court invoked its special powers under Article 142 of the Constitution to transfer the case to the appropriate Court, after noting that the party did not receive...
'ED Targeting Political Opposition': Jharkhand CM Hemant Soren Urges Supreme Court To Monitor Enforcement Directorate's Functioning
Jharkhand Chief Minister Hemant Soren has moved the Supreme Court of India against the latest summons issued by the Enforcement Directorate (ED) in connection with a money laundering case. The chief minister and leader of Jharkhand Mukti Morcha (JMM) had earlier approached the apex court challenging the summons issued previously by the central agency, asking him to appear for...