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States Cannot Prescribe Qualifications Beyond Those Laid Down In Union Law: Supreme Court
When a field prescribing a qualification for a public post is occupied by the Union, then it is impermissible for the States to impose additional qualifications, observed the Supreme Court. A bench of Justices JK Maheshwari and Vijay Bishnoi heard the batch of appeals concerning the challenge to the power of the State Government to prescribe the essential qualifications for the position of...
'Tax Sovereignty Must Not Be Compromised' : Supreme Court Suggests Safeguards While Entering Into International Tax Treaties
In his concurring opinion in the Tiger Global–Flipkart tax dispute, Justice JB Pardiwala stressed that tax sovereignty is an essential facet of India's economic independence and warned against ceding taxing rights through international treaties or external pressures.Justice Pardiwala fully agreed with the reasoning and conclusions reached by Justice R Mahadevan, who authored the main...
Supreme Court Criticises Rajya Sabha Secretary General For Commenting On Merits Of Impeachment Motion Against Justice Varma
The Supreme Court today(January 16) criticised the procedure adopted by the Secretary General of Rajya Sabha, which became the basis on which the Deputy Chairman of Rajya Sabha rejected the impeachment motion against Justice Yashwant Varma of the Allahabad High Court. Statedly, the Secretary General made a substantive assessment of the notice of motion, whereas the law only contemplates...
Contract To Hire Global Speakers For Media Summit Not Subject To Service Tax As 'Event Management' : Supreme Court
In a major relief for the media and event organizers, the Supreme Court on Friday (January 16) held that the fees paid to high-profile speakers through international booking agencies do not attract Service Tax under the category of "Event Management Service". A bench of Justices JB Pardiwala and KV Viswanathan set aside the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) order...
Supreme Court Applies 30% Women Reservation Rule To Punjab & Haryana Bar Council Elections
The Supreme Court today directed to extend the 30% women reservations for the upcoming bar council elections in the state of Punjab & Haryana, which was earlier exempted for this year. The bench of CJI Surya Kant and Justice Joymalya Baghchi was hearing application seeking directions for ensuring that adequate women representation is there before the onset of State Bar Elections across...
'Article 32 Is For Citizens, Those Around Delhi Misusing Article 32 Petitions' : Supreme Court
The Supreme Court on Friday strongly deprecated the growing tendency of litigants to directly invoke Article 32 of the Constitution even when proceedings on the same issue are already pending before High Courts, terming such practice a “gross misuse” of the Court's jurisdiction.A Bench comprising Justice BV Nagarathna and Justice Ujjal Bhuyan dismissed a writ petition filed under Article...
Supreme Court To Consider Priya Kapur's Plea Seeking Certified Copies Of Divorce Settlement Between Sunjay Kapur & Karishma Kapoor
The Supreme Court today(January 16) dealt with the application of late industrialist Sunjay Kapur's wife, Priya Kapur, seeking access to certified copies of the 2016 divorce proceedings between Sunjay Kapur and Karisma Kapoor. She has sought certified copies of the divorce settlement and custody arrangements between both parties.The application was considered by Justice AS Chandurkar in...
Residents Welfare Association Or Homebuyers' Society Can't Intervene In Insolvency Petition Against Builder : Supreme Court
The Supreme Court on Thursday (January 15) held that Resident Welfare Associations (RWAs) representing homebuyers cannot intervene in the Corporate Insolvency Resolution Process unless the RWA itself has disbursed funds or is directly a party to the financial transaction, as only then can it claim the status of a financial creditor. “A society or Resident Welfare Association, not being...