No Income Tax Liability For UAE Exchange In India As Its Liaison Offices Are Not 'Permanent Establishments' Under DTAA : SC [Read Judgment]

In a major tax relief to UAE Exchange, the Supreme Court has ruled that no income tax can be levied on its liaison offices in India in respect of the principal business carried by it in United Arab Emirates.Dismissing an appeal filed by the Income Tax Department against a judgment of the Delhi High Court, the SC held that no income is earned by the liaison offices in India. It was further...

[Sexual Harassment] 'Denial Of Timely Inquiry By Competent Forum Results In Violation Of Fundamental Right': SC Directs UOI To Compensate Former RAW Employee [Read Judgment]

"A priori, when inaction or procrastination (intentionally or otherwise) is meted out in response to the attempt of setting the legal machinery in motion, what is put to peril is not just the individual cries for the assistance of law but also the foundational tenets of a society governed by the rule of law, thereby threatening the larger public interests. The denial of timely inquiry and...

A Retired Military Officer Moves SC Challenging Government Order On Freezing Dearness Allowance

A PIL has been filed by a Retired Military officer seeking directions to the Centre for de-freezing dearness allowances owed to retired defence personnel.The dearness allowance, supposed to be disbursed to retired officers beginning week one of April, had been frozen retrospectively w.e.f. January 2020 by the Ministry of Finance on April 20, in light of the COVID19 pandemic crisis...

Insurance Law - Storage, Unpacking, Assembly Of Helicopter Outside Scope Of 'Ordinary Course Of Transit' : SC Sets Aside Insurer's Liability To Compensate MP Government [Read Judgment]

The Supreme Court on Friday set aside the National Consumer Disputes Redressal Commission's order requiring Bajaj Allianz General Insurance to pay Rs. 64 lakh by way of compensation to Madhya Pradesh government for wrongful repudiation of a claim of damages to a helicopter in transit from Canada to Bhopal. The issue before the bench of Justices D. Y. Chandrachud and Ajay Rastogi...

Arbitration Award Fixing Price Of Land Can't Be Executed Like A Decree For Specific Performance Of Sale Agreement : SC [Read Judgment]

Applying the principle that an executing Court cannot travel beyond the relief granted in a decree, the Supreme Court held that an arbitration award fixing the price of the land cannot be executed like a decree for specific performance of sale agreement, when the reference to arbitrator was only for determining the compensation under the sale agreement.A bench of Justices Uday Umesh Lalit...

SC Upholds The Constitutional Validity Of Rule Empowering RAW To Compulsorily Retire Officers [Read Judgment]

In a significant ruling, the Supreme Court on Friday upheld the constitutional validity of Rule 135 of the RAW (Recruitment, Cadre and Services) Rules, 1975, which gives power to the Central government to voluntary retire RAW Officers whose identity is exposed or compromised. A bench of Justice AM Khanwilkar and Justice Dinesh Maheshwari passed the order while hearing an appeal filed...

Plea In SC Seeks Repatriation of Mortal Remains Of Indians Died Abroad Due To Non-COVID Diseases [Read Petition]

A Public Interest Litigation (PIL) in Supreme Court seeks facilitation to repatriate the mortal remains of Indians abroad who died due to non-COVID-19 related causes. To this end, it has been prayed that the Ministry of Home Affairs (MHA) be directed to withdraw its instructions to Indian Embassies and High Commissions for demanding a No Objection Certificate (NOC) from the Government...

Plea In SC Seeks Formulation Of Policy To Mitigate Problems Of Private Sector Employees Due To Sudden Lay-Offs

A plea has been filed in the Supreme Court seeking intervention of the court in terms of issuance of directions to both Central & State Governments to formulate a framework to counteract the problems faced by private sector employees, who have been suddenly laid off due to the lockdown.The PIL has been filed by Advocate Aditya Giri and seeks affixation of the liability & accountability...

SC Dismisses Judicial Officer's Challenge Against Promotion Norms Of Delhi HC [Read Judgment]

On Friday the Supreme Court dismissed a challenge to the Constitutional validity of certain Resolutions and Rules of the Delhi High Court which outline the criteria for a Judicial Officer to be appointed to the post of District and Sessions Judge. The Bench comprising of Justices AM Khanwilkar and Dinesh Maheshwari rejected Additional District and Sessions Judge Sujata Kohli's plea of...

[COVID-19] Plea In SC Seeks Direction To Postpone All Elections Till Normalcy Prevails

A Public Interest Litigation (PIL) filed in Supreme Court seeks directions to the Chairperson of National Executive Committee (NEC) to take appropriate steps to prevent any election from taking place anywhere in the country till normalcy prevails. Accordingly, the petitioner prays, the Chairperson of NEC, constituted by the National Disaster Management Authority under the provisions...

Introduce Live Streaming Even For Video Conferencing; Resume Open Court Hearings After Lockdown : SC Bar Association Resolution

Stating that 'video conferencing' should not be the new normal and should not replace 'open court hearings' after the lifting of lockdown, the Supreme Court Bar Association passed a resolution on Friday.The SCBA urged that video conferencing should be limited to the time period of the present crisis.The SCBA further urged that the live-streaming of the court proceedings should be introduced...

'Mention Of Caste Of A Party In The Cause Title Undoes The Principle Of Equality': Lawyer Write To CJI Against Rajasthan HC Order [Read Letter]

A letter has been addressed to the Chief Justice of India, raising concerns over the "regressive practice" of mentioning Caste of a party in the cause title/ affidavits/ memo of parties in court filings. The letter penned by Advocate Pai Amit submits that mention of the caste of a party in the cause title undoes the salient principle of equality. "Caste has no place in our system of...