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221.
Key Features of Protocol - Amendment to India-Mauritius Double Taxation Avoidance Agreement
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(Blog: Tax (indirect & direct))
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... the Hon’ble Supreme Court in the case of Union of India vs. Azadi Bachao and Another2. These disputes led to the introduction of the concept of tax residency certificate, which every non-resident is required ...
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Created on 11 May 2016
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222.
SC hears the Aadhaar #NotAMoneyBill Challenge
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(Blog: Technology, Media & Telecommunications)
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A Supreme Court bench of the Chief Justice and Justices R. Banumathi and UU Lalit took up a petition by Mr. Jairam Ramesh, Member of Parliament (Rajya Sabha) challenging the certification of the Aadhaar ...
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Created on 10 May 2016
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223.
The Bombay High Court’s beef ban decision – II: On the Unconstitutionality of the Reverse Onus Clause (Guest Post)
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(Blog: Constitutional Law)
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... Accused to establish certain facts (evidential burdens), today there are several instances of Accused persons requiring to establish innocence itself (legal burdens). The Supreme Court held these clauses ...
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Created on 08 May 2016
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224.
Modern Dental College vs State of MP: The Supreme Court’s foray into proportionality and public goods
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(Blog: Constitutional Law)
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Earlier this week, a Constitution Bench of the Supreme Court handed down a unanimous judgment (with a majority and concurring opinion) in the case of Modern Dental College vs State of Madhya Pradesh. ...
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Created on 07 May 2016
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225.
The Bombay High Court’s beef ban decision
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(Blog: Constitutional Law)
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... off together by a two-judge bench of the High Court. To start with, it is important to note that to a large extent, the Bombay High Court’s hands were tied by a number of judgments of the Supreme Court ...
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Created on 07 May 2016
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226.
To NEET 2016 or not to NEET? Short letter by an aspirant
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(Blog: Student life)
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... would obviously curb malpractices , financial burden , stress , etc
But the recent order by Honourable Supreme Court of India has came as a blunder to the students.
The order should have been ...
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Created on 06 May 2016
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227.
Aadhaar Act as a Money Bill — Judicial Review of Speaker’s Determination Concerning Money Bills
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(Blog: Technology, Media & Telecommunications)
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... (hereinafter, “the Aadhaar Act”) as a money bill is whether courts can judicially review the decision of the Lok Sabha Speaker that it was a money bill. If the Supreme Court does not have the power to ...
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Created on 05 May 2016
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228.
I&B Ministry forms Committee to regulate content in Govt. Advertising
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(Blog: Technology, Media & Telecommunications)
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Following the direction by the Supreme Court, the Ministry of Information and Broadcasting issued an order last month establishing a three member committee to effectuate the Supreme Court Guidelines ...
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Created on 04 May 2016
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229.
PIL before Supreme Court seeks ban on WhatsApp for its encryption. Is the law grey?
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(Blog: Litigation, arbitration & dispute resolution)
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While Indian citizens await setting up of a Constitution bench by the Supreme Court of India to determine if there is fundamental right to privacy under the Constitution of India, a public interest ...
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Created on 03 May 2016
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230.
Judicial censorship: A dangerous, emerging trend
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(Blog: Constitutional Law)
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Last week, the Indian Express reported that in proceedings before the Supreme Court, the Additional Solicitor General was asked by the bench about how the State planned to regulate “explicit” pictures ...
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Created on 02 May 2016
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231.
Don’t listen to the IT giants: Eben Moglen
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(Blog: Technology, Media & Telecommunications)
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... new CRI guidelines actually implement a test for software per se — unpatentable owing to Section 3(k) — which is close to the “machine or transformation” test all-but-imposed by the US Supreme Court in ...
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Created on 02 May 2016
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232.
Reviewing NEET Decision – Highlighting procedural impropriety and gaps in writing judgments
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(Blog: Litigation, arbitration & dispute resolution)
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Recently, a Constitution Bench (comprising of five Judges) of the Supreme Court of India has allowed the Review Petition and recalled its judgment dated 18 July 2013 and directed that the matters ...
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Created on 30 April 2016
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233.
Creative Inspiration or Infringement? The Thin Divide
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(Blog: Technology, Media & Telecommunications)
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... analyze similar scenarios in our history.
The Supreme Court in the landmark decision of R.G. Anand vs Deluxe films clarified the following important aspects in such cases. These aspects are applicable ...
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Created on 27 April 2016
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234.
Russia, India and China: Perspectives on Internet Governance
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(Blog: Technology, Media & Telecommunications)
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... support for multistakeholderism in internet governance, the Minister for Communications and IT has also emphasised one condition. That is, government will have supreme right and control on matters of national ...
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Created on 26 April 2016
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235.
A developing society demands a developing police force
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(Blog: Criminal law)
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... used worldwide but our policemen still depend on bamboo batons and bamboo riot shields.
Police Complaint Authority
In 2006 Supreme Court ordered states to establish Police Complaint Authorities ...
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Created on 26 April 2016
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236.
Supreme Court seeks Attorney General’s view on Jairam Ramesh’s challenge to Aadhaar
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(Blog: Litigation, arbitration & dispute resolution)
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Supreme Court of India has asked for the view of Attorney General for India in the challenge to the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
When ...
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Created on 25 April 2016
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237.
Bombay High Court: No Set off on stamp duty for inter-state amalgamations
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(Blog: Tax (indirect & direct))
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... in another state?
JUDGMENT
Firstly, the Court relied on decision of the Supreme Court in Hindustan Lever v. State of Maharashtra2, wherein the Apex Court had observed that the order passed under ...
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Created on 25 April 2016
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238.
From trial by media to now sentencing by media?
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(Blog: Criminal law)
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The Hon'ble Supreme Court is hearing the appeal against the conviction and death sentence awarded to four accused in the Nirbhaya Rape Case. The Hon'ble Delhi High Court had affirmed the death sentence awarded ...
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Created on 25 April 2016
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239.
Patna High Court: An epitome of independent and impartial judiciary
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(Blog: Analysis)
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... argument. And this matter when appeared for hearing in the supreme court in front of Justice chandrachud(ex-CJI),he praised and highlighted this action of the lawyer,which is also a statutory rule of the ...
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Created on 22 April 2016
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240.
The New Maharashtra Social Boycott Law: Key Constitutional Issues
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(Blog: Constitutional Law)
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... Supreme Court ruling in Sardar Syedna Saifuddin On this blog, we have extensively discussed the judgment of the Supreme Court in Sardar Syedna Saifuddin v State of Bombay (the Dawoodi Bohra case). Recall ...
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Created on 21 April 2016