Top Law News Government says court verdict vindicates stand on policy September 28, 2012 / September 28, 2012 by Legal India Admin | Leave a Comment The government maintained on Friday that the Supreme Court had vindicated its stand that policy-making was the executive’s prerogative and revenue-maximisation cannot be the sole criteria to distribute scarce natural resources. Reacting to Thursday’s verdict on a presidential reference on the 2G issue, three senior ministers, however, did not dwell on whether the official auditor […] Read more » allocating radio waves and coal mines allocation of coal mines Chief Justice S.H. Kapadia Communications Minister Kapil Sibal Comptroller and Auditor General of India Constitutional authority constitutional mandate or principal executive's prerogative and revenue-maximisation Finance Minister P. Chidambaram Government says court verdict vindicates stand on policy law and justice minister Salman Khurshid presidential reference on the 2G issue sole criteria to distribute scarce natural resources three senior ministers variance vis-a-vis the government's stand verdict vindicates
Top Law News SC order gives sound basis for government actions: Khurshid September 28, 2012 by Legal India Admin | Leave a Comment Law Minister Salman Khurshid Thursday welcomed as “very important” the Supreme Court order on a presidential reference and said it gave a “sound basis” for the government’s policies on allocation of resources. Responding to a presidential reference following the verdict on the 2G spectrum allocation, the Supreme Court Thursday said the auction route was not […] Read more » 2G spectrum 2G spectrum allocation aim is maximisation of revenue auction of natural resources cannot be shut down basis for government actions Chief Justice S.H. Kapadia Communications Minister Kapil Sibal Finance Minister P. Chidambaram government's policies on allocation of resources Khurshid Law Minister Salman Khurshid legal pronouncement light of the pronouncement Prime Minister Manmohan Singh SC order gives sound basis for government actions: Khurshid
Top Law News SC refuses to rely on Chawla natural resources report September 28, 2012 by Legal India Admin | Leave a Comment The Supreme Court today refused to rely on a report of a high-level committee, headed by former Finance Secretary Ashok Chawla, favouring auction as the route for disposal of natural resources, saying the report is yet to be accepted by the government. A five-judge Constitution bench headed by Chief Justice S H Kapadia, while delivering […] Read more » Attorney General G.E. Vahanvati Chawla Committee Report is pending acceptance by the Government Chawla Committee's recommendations Chief Justice S.H. Kapadia disposal of natural resources former Finance Secretary Ashok Chawla inappropriate for us to place judicial reliance Janata Party president Subramanian Swamy Justices D K Jain justices Dipak Misra Justices J.S. Khehar justices Ranjan Gogoi route for disposal of natural resources SC refuses to rely on Chawla natural resources report verdict on the 2G spectrum
Top Law News Auction not the only route for resource allocation:SC September 28, 2012 by Legal India Admin | Leave a Comment Auctions are not the only permissible method for disposal of natural resources across sectors, the Supreme Court Monday said holding that the 2G verdict was confined to allocation of spectrum and is not applicable to other resources. Giving its opinion on the Presidential reference arising out of 2G verdict, a five-judge constitution bench headed by […] Read more » 2G case Auction not the only route for resource allocation:SC Chief Justice S.H. Kapadia constitutional mandate disposal of natural resources across sectors donation or endowment Economic logic establishes that alienation/allocation Justices D K Jain justices Dipak Misra Justices J.S. Khehar justices Ranjan Gogoi matter of charity preferable method Presidential reference arising out of 2G verdict private exploitation revenue maximisation is a priority secondary consideration to developmental considerations ultra-vires the constitutional mandate
Top Law News SC refuses to review its verdict on interlinking of rivers September 26, 2012 by Legal India Admin | Leave a Comment The Supreme Court today dismissed the Centre’s plea seeking review of its direction to government to implement the ambitious interlinking of rivers project in a time-bound manner. A bench headed by Chief Justice S H Kapadia refused to have a relook at its February 27 judgement directing the government to “forthwith” constitute a committee for […] Read more » ambitious interlinking of rivers project in a time-bound manner brainchild of the NDA government Centre's plea seeking review Chief Justice S.H. Kapadia constitute a committee for interlinking of rivers execute the project experts and social activists to chart out government departments government to implement the ambitious interlinking ministries Prime Minister Atal Bihari Vajpayee project going against the backdrop of the acute drought review its verdict on interlinking of rivers river interlinking project SC refuses to review its verdict on interlinking of rivers Union of India to forthwith constitute
Top Law News SC nudges government over lax law officers September 25, 2012 by Legal India Admin | Leave a Comment The government law officers are “not appointed on the basis of their merit. They are appointed on some other consideration. There is also coalition politics in their appointment”, the Supreme Court said Monday. The court’s oral observation came while it expressed anguish over mistakes in drafting of petitions and poor knowledge of some government advocates. […] Read more » Additional Solicitor General Mohan Parasaran Chief Justice Kapadia Chief Justice S.H. Kapadia court orders involving the huge amount of tax demands Director of Income Tax government over lax law officers government's appeal challenging adverse high court order on tax demand against Citi Bank Income Tax department challenging International Taxation Justice A.K. Patnaik knowledge of income tax laws L.N. Pant SC nudges government over lax law officers verdicts in cases involving high tax demands
Top Law News SC declines review of right to education verdict September 19, 2012 by Legal India Admin | Leave a Comment The Supreme Court has declined to entertain petitions seeking a review of its verdict upholding the constitutional validity of the right to education act that mandates 25 percent quota for poor students in private schools. An apex court bench of Chief Justice S.H. Kapadia, Justice K.S. Radhakrishnan and Justice Swatanter Kumar said: “The review petitions […] Read more » Chief Justice S.H. Kapadia constitute violation of Article constitution deals with a citizen's right constitutional validity of the right to education act Justice K.S. Radhakrishnan Justice Swatanter Kumar non-minority and minority institution Right of Children to Free Right of children to Free and Compulsory Education Act Right to Education law SC declines review of right to education verdict
Top Law News SC frowns on delay in income tax department appeals September 18, 2012 by Legal India Admin | Leave a Comment The Supreme Court Monday asked the government to streamline the Income Tax (I-T) Department’s working to check delays in challenging adverse verdicts related to tax demand orders. An apex court bench of Chief Justice S.H. Kapadia and Justice A.K. Patnaik said that the government should also put in place a monitoring mechanism so that streamlined […] Read more » Additional Solicitor General Mohan Prasaran case involving the Citi Bank Central Board of Direct Taxes Chief Justice S.H. Kapadia Citi Bank case filed by the Income Tax department Citi Bank tax case department's tax demands involving high stakes government to streamline the Income Tax Department I-T department claimed income tax department appeals Justice A.K. Patnaik quantum of tax demands locked in litigation SC frowns on delay in income tax department appeals
Top Law News SC says reporting of trial proceedings can be postponed September 11, 2012 by Legal India Admin | Leave a Comment The Supreme Court today laid down a constitutional principle where aggrieved parties can seek from appropriate court the postponement of the publication of court hearings and a decision taken on a case-by-case basis. The court, however, refrained from framing broad guidelines for reporting of sub-judice court matters, saying it cannot be done “across the board.” […] Read more » Chief Justice S.H. Kapadia decision taken on a case-by-case basis framing guidelines after receiving complaints journalists from venturing into the contempt area Justices D K Jain Justices J.S. Khehar justices Ranjana Prakash Desai justices S S Nijjar neutralising technique postponement of reporting court proceedings SC says reporting of trial proceedings can be postponed SEBI trial proceedings can be postponed
Top Law News Foreign arbitration awards beyond Indian courts’ jurisdiction, says SC September 7, 2012 by Legal India Admin | 1 Comment on Foreign arbitration awards beyond Indian courts’ jurisdiction, says SC In a boost to foreign investors, the Supreme Court Thursday held that if an Indian investor chooses to go for arbitration with a foreign company abroad, the Indian courts will then have no jurisdiction to interfere with such an arbitration award. By its ruling, a five-judge constitution bench headed by Chief Justice S.H. Kapadia reversed […] Read more » Arbitration Act Bhatia International Chief Justice Kapadia Chief Justice S.H. Kapadia Foreign arbitration awards beyond Indian courts' jurisdiction international commercial arbitration Justice D.K. Jain Justice Jagdish Singh Khehar Justice Ranjana Prakash Desai Justice S.S.Nijjar Venture Global Engineering case
Top Law News Judges cannot fix poverty line: Supreme Court September 3, 2012 / September 3, 2012 by Legal India Admin | Leave a Comment In a pronouncement of considerable significance that could check the judiciary’s overstepping into legislative and governmental functioning, the Supreme Courthas said the question of fixing the poverty line was in the domain of expert bodies like the Planning Commisionand the judiciary could not engage itself in setting the nation’s economic policies. “This should be left […] Read more » Chief Justice S.H. Kapadia Gonsalves pleaded the government Judges cannot fix poverty line: Supreme Court Justice Bhandari Justice Dipak Verma Justice Fakkir Mohamed Ibrahim Kalifulla Justice T.S. Thakur People's Union for Civil Liberties Planning Commision and the judiciary Reviewing the poverty line senior counsel Colin Gonsalves shrink its monitoring of welfare schemes Shrugging off Gonsalves's plea
Top Law News Centre: Govt duty-bound to auction 2G telecom spectrum July 12, 2012 by Legal India Admin | Leave a Comment The Centre on Thursday told the Supreme Court that it was bound by its ruling on allocation of 2G telecom spectrum through auction and the Presidential reference was only pertaining to adoption of the process for allocation of other natural resources. “There is no question of overturning the result in the judegment of the 2G telecom […] Read more » 2G case 2G telecom spectrum 2G telecom spectrum case 2G telecom spectrum verdict allocation of 2G allocation of 2G telecom Attorney General G.E. Vahanvati auction of 2G telecom spectrum Chief Justice S.H. Kapadia FDI Foreign Direct Investment SC Supreme Court