Independence Day 2024: Celebrating Trailblazing Judgments, Legislations and Policies – Charting the path to ‘Viksit Bharat’
Celebrating the 78th Independence Day by revisiting the most historical legal achievements of the country
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Judgment on States’ power to levy tax on mining and mineral-use activities to apply retrospectively from 2005: Supreme Court
On 25-07-2024, the Supreme Court in 8:1 majority held that royalty paid by mining operators to the Central government is not a tax and that States have the power to levy cesses on mining and mineral-use activities. Whereas, Justice BV Nagarathna gave a dissenting opinion.
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Know Thy Judge | Supreme Court of India: Justice J.B. Pardiwala
A 4th generation lawyer, Justice Jamshed Burjor Pardiwala assumed office as Judge of the Supreme Court of India on 09-05-2022 and is in line to become the Chief Justice of India in 2028. Justice Pardiwala is expected to serve a two-year and three months term as Chief Justice of India from 03-05-2028 to 11-08-2030.
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Know Thy Judge | Supreme Court of India: Justice Ujjal Bhuyan
On 05-07-2023, the Supreme Court Collegium had recommended the appointment of Justice Ujjal Bhuyan, Chief Justice, High Court for the State of Telangana to the Supreme Court of India. Upon acceptance of the recommendation by the Law Ministry, Justice Bhuyan took oath as Supreme Court Judge on 14-07-2023.
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Supreme Court Roundup July 2024 | ‘Royalty’ as tax; GM mustard; NEET UG 2024; Kanwar Yatra; Section 125 CrPC Maintenance to Divorced Muslim Women; and more
July, just after the summer break, was the month of ground-breaking and landmark decisions. From long arguments on NEET-UG 2024 scam to landmark decisions on genetically modified crops, guidelines on portrayal of persons with disabilities in visual media, films, and maintainability of WB’s suit against misuse of CBI, this roundup revisits it all.
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Supreme Court on Parliament’s power to impose limitations on State to levy tax on mineral rights
Supreme Court said that authorizing the Central Government to lay down the terms of mining leases and grant approval to concessions, the MMDR Act seeks to ensure that there is uniformity in the terms for working of mines and extraction of minerals.
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Explained | Supreme Court’s verdict on ‘royalty’ as tax and States power to levy cess on mining and mineral-use activities
“The payments made to the Government cannot be deemed to be a tax merely because the statute provides for their recovery as arrears”.
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’National Policy on Genetically Modified crops’: A breakdown of Justice Karol’s opinion upholding conditional approval to GM Mustard cultivation by Centre
“When a legislative body enacts a legislation there is a presumption of constitutionality unless proven otherwise, similarly, a policy decision when taken by the competent authority enters the fray of enforcement with a presumption in its favour of being in public interest, unless otherwise shown, demonstrated and proven to be among other grounds, manifestly arbitrary.”
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Comprehensive breakdown of the Supreme Court Verdict on Divorced Muslim women’s right to seek maintenance under Section 125 CrPC
In the case at hand, the husband had argued that in view of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is not entitled to maintain a petition under Section 125 of the CrPC and has to proceed under the provisions of the 1986 Act.
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Divorced Muslim woman can seek maintenance under Section 125 CrPC: Supreme Court
In the case at hand, the husband had argued that in view of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is not entitled to maintain a petition under Section 125 of the CrPC and has to proceed under the provisions of the 1986 Act.
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Know Thy Judge | Supreme Court of India: Justice Manoj Misra
Justice Manoj Misra is the sitting judge of the Supreme Court of India. He was elevated to the Supreme Court in February 2023 and has formerly served as a Judge in the High Court of Judicature at Allahabad.
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Supreme Court Roundup May 2024 | Art. 370; Pregnant person’s consent; Application of S. 498-A IPC; Financial Debt v. Operational Debt; Jaypee Infratech Resolution Plan; Constitutionality of ICAI guidelines
The roundup revisits the analyses of Supreme Court’s judgments/orders on Pregnant person’s consent; Application of S. 498-A IPC; Financial Debt v. Operational Debt and more. It also covers the top stories; Never reported Judgments and Know thy Supreme Court Judges.
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Supreme Court re-constitutes Gender Sensitisation and Internal complaints committee with Justice Hima Kohli as Chairperson
Regulation 4 of the Gender Sensitization & Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal), Regulations, 2013, provides for constitution of the Gender Sensitization & Internal Complaints Committee for sensitizing the public to gender issues and to address any complaints made with regard to sexual harassment at the Supreme Court precincts.
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Explained| Supreme Court verdict on Constitutionality of ICAI guidelines limiting number of tax audits by chartered accountants per year
“One of the objects of the Chartered Accountants Act, is to ensure that the profession of the Chartered Accountant in the country maintains high professional ethics and renders quality service since Chartered Accountants are necessary for the efficient tax administration in the country”
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Know Thy Judge | Supreme Court of India: Justice Abhay Shreeniwas Oka
Looking into Justice Abhay S. Oka’s life, career and important judgments which have been instrumental in protecting the rights of marginalized communities and promoting freedom of expression, thereby making him a harbinger of social change and preserver of administrative accountability.
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Upholding a Legacy of Compassion and Cool Temperament, Justice A.S. Bopanna, bids farewell to the Supreme Court
Hailing from the coffee hub of Coorg district, Justice A.S. Bopanna, who started his legal career in the year 1984 from Karnataka High Court, retires as Judge of the Supreme Court on 19-05-2024.
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Know Thy Judge | Supreme Court of India: Justice Ahsanuddin Amanullah
Justice Ahsanuddin Amanullah is the sitting judge of the Supreme Court of India. He was elevated to the Supreme Court in February 2023. He has formerly served as a Judge in Patna High Court and Andhra Pradesh High Court.
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Marriage Certificate a valid proof of Hindu marriage only when marriage ceremony has been performed as per S. 7 of Hindu Marriage Act: Supreme Court
“A marriage is not an event for ‘song and dance’ and ‘wining and dining’ or an occasion to demand and exchange dowry and gifts by undue pressure leading to possible initiation of criminal proceedings thereafter. A marriage is not a commercial transaction.”
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‘The Courts and the Constitution-2023 in Review’ Conference M.K. Nambyar Saarclaw Conference Hall, NALSAR Hyderabad [March 30-31, 2024]
PROGRAMME CONCEPT NOTE The ‘Courts and The Constitution’ Conference is an annual programme, meant to encourage critical engagement and the production of
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