Is GST Applicable To Mining Royalties? Supreme Court To Consider

The Supreme Court is set to consider whether Goods and Services Tax (GST) or Service Tax applies to mining royalties. The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra on July 24 issued a procedural order regarding 61 petitions which seek to solve the pending legal question. In the said order, the Court has directed the scheduling of the hearing of the batch...

Supreme Court Transfers To Delhi HC Petitions Challenging Cable TV Networks (Amendment) Rules 2021

The Supreme Court on July 23 transferred to the Delhi High Court petitions pending in various High Courts challenging the Cable TV Networks (Amendment) Rules 2021 where coercive action was stayed qua certain broadcasters/digital news portals.A bench of Justices Sanjiv Khanna and Sanjay Kumar passed the order after Union of India's counsel, on instructions, stated that same order as passed...

Supreme Court Grants Bail To Accused In 1032 Crores GST Input Fraud Case

The Supreme Court on Friday (July 26) granted bail to Ashutosh Garg, accused in 1000 crores GST Input Fraud.Garg was allegedly operating nearly 294 fake firms for the purpose of passing inadmissible input tax credit worth Rs. 1,032 crores fraudulently. The charges against Garg were under various sections of the Central Goods and Services Tax Act 2017, including 132(1)(b), (c), (f), (j), and...

Supreme Court Weekly Digest With Subject /Statute Wise Index [July 1 to 9]

Citations 2024 LiveLaw (SC) 435 to 2024 LiveLaw (SC) 450Advocate Every advocate is expected to come to the Court in proper attire as per the Rules and behave in the Court. (Para 7) Bijon Kumar Mahajan v. State of Assam, 2024 LiveLaw (SC) 449All India Tourist Vehicles (Permit) Rules, 2023Object – The 2023 Rules have primarily two objects: Firstly, to make the movement of such tourist...

“Microsoft Blues”: A Call For Regulatory Shift & Invoking No Fault Liability

In the digital age, the security and resilience of critical infrastructure has become a paramount concern for nations worldwide. The recent Microsoft cloud outage, which caused widespread disruptions to various services and applications, has highlighted the world's uninhibited dependency on private companies and the urgent need for policymakers to mitigate the risks of such data outages with a regulatory framework.Critical infrastructure refers to the essential systems or sectors of any nation,...

Royalty Is Tax, States Have No Right To Tax Mineral Rights : Justice Nagarathna's Dissent

The Supreme Court nine-judge bench headed by Chief Justice of India, Dr D.Y. Chandrachud and comprising Justices Hrishikesh Roy, Abhay Oka, BV Nagarathna, JB Pardiwala, Manoj Misra, Ujjal Bhuyan, SC Sharma and AG Masih, by 8:1, held that royalty charged by the Union Government under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) is not tax.The majority has held:...

Benefits Of Regularisation Policy Must Be Equally Granted To All Eligible Employees: Supreme Court

The Supreme Court on Monday (July 22) observed that while daily wage employees do not have a legally vested right to seek regularisation, benefits of any policy decision for regularization taken by the competent authority must be extended to all eligible individuals.A bench of Justice Surya Kant and Justice Ujjal Bhuyan upheld MP High Court's order directing the regularisation of appointment of...

Only Men Can Be Prosecuted Under 'Gender-Specific' Law Of Sexual Harassment U/S 354A IPC: Calcutta High Court

The Calcutta High Court has recently held that sexual harassment charges under Section 354A of the Indian Penal Code (IPC) cannot be applied against women since the provision specifically begins with the term "a man."A single bench of Justice Ajay Kumar Gupta perused the provision which begins, "[354A. Sexual harassment and punishment for sexual harassment--(1) A man committing any of...

'Sorry State Of Solid Waste Management In Capital' : Supreme Court Asks Union To Convene Urgent Meeting With GNCTD, MCD

Deploring the sorry state of affairs in the national capital regarding the treatment of solid waste, the Supreme Court on Friday (July 26) directed the Secretary of the Union Ministry of Environment to convene an immediate meeting with officials of the Delhi government, the Commissioner of the Municipal Corporation of Delhi(MCD) and other MCD officers to devise an urgent solution to...

Pollution Under Control(PUC) Certificate Not Mandatory For Third Party Insurance : Supreme Court Recalls 2017 Direction

The Supreme Court removed the condition it had imposed by an order dated August 10, 2017, that required a Pollution Under Control (PUC) certificate as a prerequisite for availing third-party insurance for vehicles.The bench comprising Justice AS Oka and AG Masih allowed an application filed by the General Insurance Council, which highlighted concerns about the 2017 order.Solicitor General...

Supreme Court Suggests Use Of Remote Sensing Technology In Delhi-NCR to Combat Vehicular Pollution

The Supreme Court on Friday (July 26) suggested the use of remote sensing technology within the National Capital Region (NCR) to combat vehicular pollution and directed the Centre to take a decision on this issue within two months.A bench of Justice Abhay Oka and Justice AG Masih directed the Secretary of the Ministry of Road Transport and Highways (MoRTH) to immediately convene a meeting...

Supreme Court Appoints Amicus To Give Suggestions To Ensure Compensation From MACTs and Labour Courts Reaches Beneficiaries

The Supreme Court on Friday (July 26) sought suggestions to ensure that the compensation awarded by the Motor Accident Claims Tribunals (MACTs) and labour courts across the country is received by the beneficiaries.A bench of Justice Abhay Oka and Justice Agustine George Masih appointed Senior Advocate Menakshi Arora as Amicus Curiae in a suo moto case regarding substantial amounts of...