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Which Supreme Court Case Is Most Important?
As a law student in India, you have to be well-versed in India's most important Supreme Court cases. Each case sets a precedent for future topics and is therefore critical to know.
While there are many important Supreme Court judgments, some are more significant than others. In this article, we will discuss India's five most important Supreme Court cases and why they are so important.
Introduction to the Indian Supreme Court
In India, the Supreme Court is the highest in the land. It's headed by the Chief Justice of India, who the President of India appoints. The Court consists of 25 judges, who the President sets on the recommendation of the Chief Justice of India.
The Supreme Court was established in 1950 and had original jurisdiction in all matters of law and equity. It also has appellate jurisdiction over all lower courts in India. The Supreme Court can also review any decision of a High Court and strike down any law that it finds unconstitutional.
Landmark Judgements of the Indian Supreme Court
There have been several landmark judgements of the Indian Supreme Court over the years. Some of these cases have had a far-reaching impact on Indian society, while others have shaped the course of the Indian legal system.
But which Supreme Court cases is the most important? This is a difficult question, as each case has a unique significance. However, if we had to choose one case as the most important in the history of the Indian Supreme Court, it would have to be the case known as Kesavananda Bharati vs. The State of Kerala.
The Indian Supreme Court heard this case in 1973 and dealt with some of the most critical questions about the nature of India's Constitution. In a landmark judgment, the Court held that the constitution was a "living document," meaning that it could be amended to reflect the changing needs of Indian society. This Supreme Court decisions has been cited countless times by courts around India, and it remains one of the most important rulings in the history of Indian jurisprudence.
Contempt Cases Decided by Indian Supreme Court
The Indian Supreme Court is responsible for delivering justice in the Indian subcontinent. The Court has delivered many historic judgments over the years, some of which have profoundly impacted the country's social and political landscape.
Of all the cases decided by the Indian Supreme Court, contempt cases are perhaps the most important. These are Latest Supreme Court case where the Court intervenes to protect the rule of law and ensure justice is delivered.
In recent years, the Court has delivered several landmark judgments in contempt cases. For example, in 2016, it held that Sahara Group chief Subrata Roy was in contempt of Court for not complying with a court order to repay investors. The same year, it also had Union Minister Nitin Gadkari contemptuously for derogatory remarks about a high-ranking court official. And in 2017, it held Karnataka Minister DK Shivakumar in contempt for obstructing officials from conducting a raid on his properties.
Reviewing Major Rule Changes by the Supreme Court of India
The Supreme Court of India is the final Court of appeal under the Constitution of India, the highest constitutional Court, with the power of judicial review.
Under the constitution, the Supreme Court has original jurisdiction over matters involving interpreting the Constitution or federation laws. It also has appellate jurisdiction over civil and criminal cases from lower courts and tribunals.
The Court has a mandamus jurisdiction, which allows it to issue writs to enforce its judgments or orders or those of lower courts.
In recent years, the Supreme Court has been increasingly active in reviewing significant rule changes by the executive and legislature. For example, it struck down a ruling by the government that would have made it harder for people to challenge land acquisitions and overturned a decision to make it harder for people to file for bankruptcy.
The Supreme Court has also played an essential role in protecting minority rights. In 2006, it ruled that Dalits, a group that has long been discriminated against in India, should be given special protection under the constitution.
The Court has also ruled that reservations, or quotas, should be provided for Scheduled Tribes and Other Backward Classes in government jobs and educational institutions.
So, these were some of India's most important Latest supreme court judgments that have been decided in the recent past. Every case has left an impact on society and the legal framework of the country. It will be interesting to see which case the apex court takes up next and what kind of ruling it delivers.
#Latest supreme court judgments#Latest Supreme Court case#Supreme Court decisions#Supreme Court cases#Supreme Court judgments
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MUDA case: ED likely to initiate action against CM Siddaramaiah
The Enforcement Directorate (ED) is preparing to initiate action against Karnataka Chief Minister Siddaramaiah following the gathering of “clinching evidence” against him in connection with the Mysuru Urban Development Authority (MUDA) scam case, sources said on Wednesday. The ED sleuths have gathered information on the money trail and hawala transactions regarding the MUDA scam after petitioner…
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[ad_1] GG News Bureau Mysuru, 28th Nov. The Lokayukta police on Thursday interrogated former Mysuru Urban Development Authority (MUDA) Commissioner P S Kantharaju as part of their investigation into the MUDA site allotment case. Kantharaju, who served as the MUDA Commissioner from September 2017 to November 2019, was questioned regarding his role in the controversial allotment of compensatory sites. However, the details of the investigation remain undisclosed. The case involves allegations against Karnataka Chief Minister Siddaramaiah, his wife Parvathi B M, his brother-in-law Mallikarjuna Swamy, and others. It is claimed that compensatory plots were allotted to Parvathi in a prime area of Mysuru, with a higher property value, in exchange for land acquired by MUDA. The MUDA had allocated plots to Parvathi under a 50:50 scheme, offering developed land in exchange for 3.16 acres of her land, which was used for a residential layout. The controversy stems from claims that Parvathi did not hold legal title to the 3.16 acres of land located at Survey No. 464 of Kasare village, Kasaba hobli, Mysuru taluk. Both the Karnataka Lokayukta police and the Directorate of Enforcement are investigating the alleged scam. The post Lokayukta Police Question Former MUDA Commissioner in Site Allotment Case appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link
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[ad_1] GG News Bureau Mysuru, 28th Nov. The Lokayukta police on Thursday interrogated former Mysuru Urban Development Authority (MUDA) Commissioner P S Kantharaju as part of their investigation into the MUDA site allotment case. Kantharaju, who served as the MUDA Commissioner from September 2017 to November 2019, was questioned regarding his role in the controversial allotment of compensatory sites. However, the details of the investigation remain undisclosed. The case involves allegations against Karnataka Chief Minister Siddaramaiah, his wife Parvathi B M, his brother-in-law Mallikarjuna Swamy, and others. It is claimed that compensatory plots were allotted to Parvathi in a prime area of Mysuru, with a higher property value, in exchange for land acquired by MUDA. The MUDA had allocated plots to Parvathi under a 50:50 scheme, offering developed land in exchange for 3.16 acres of her land, which was used for a residential layout. The controversy stems from claims that Parvathi did not hold legal title to the 3.16 acres of land located at Survey No. 464 of Kasare village, Kasaba hobli, Mysuru taluk. Both the Karnataka Lokayukta police and the Directorate of Enforcement are investigating the alleged scam. The post Lokayukta Police Question Former MUDA Commissioner in Site Allotment Case appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link
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Yash's 'Toxic' Faces Legal Trouble: Forest Department Files Case Against Makers For Illegal Tree Felling | Regional News
Bengaluru: The Karnataka Forest Department has registered an FIR against the producers of Yash-starrer ‘Toxic’ over the alleged illegal axing of trees on forest land for the filming of the film in Bengaluru. The FIR was also lodged against the Canara Bank General Manager and Hindustan Machine Tools (HMT) General Manager. Recently, Karnataka Environment Minister Eshwar Khandre visited the site in…
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Karnataka To Withdraw Case Against Rioters Who Attacked Cops, Sparks Row
Chief Minister Siddaramaiah said the government has the power to withdraw some cases. Bengaluru: The Congress government in Karnataka has decided to withdraw a criminal case registered against a mob which had attacked policemen with stones on April 16, 2022, in Hubballi town. This was one of the 43 cases the state Cabinet decided to withdraw at its meeting on Thursday following a petition by the…
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Karnataka gov dismisses old riots case against AIMIM leaders, BJP criticizes
The Karnataka cabinet has faced backlash from the BJP for withdrawing the Old Hubbali Police Station riots case, disregarding objections from the law, police, and prosecution departments. Karnataka Chief Minister Siddaramaiah attempted to justify the decision. The cabinet can choose to retract specific cases. Such decisions can be made at the home minister’s discretion. I will investigate the…
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Savarkar’s grandson refutes Karnataka Minister’s claims, plans legal action
Ranjit Savarkar, grandson of Vinayak Damodar Savarkar, has refuted claims made by Karnataka Minister Dinesh Gundu Rao about Savarkar being a non-vegetarian and not against cow slaughter. He plans to file a case in response to the remarks. The BJP has rallied against the Karnataka Minister, accusing the Congress of repeatedly insulting Savarkar’s legacy and being anti-Hindu. The controversy was…
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ED books Karnataka CM Siddaramaiah in MUDA money-laundering case
Siddaramaiah Team News Riveting Bengaluru, September 30 The Enforcement Directorate on Monday booked Karnataka Chief Minister Siddaramaiah and some others in a money-laundering case linked to the Mysuru Urban Development Authority (MUDU). The action came after the economic intelligence agency took cognisance of a recent state Lokayukta FIR. The federal agency has filed an enforcement case…
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Slogan "Bharat Mata Ki Jai" will only bring harmony - Karnataka High Court
The Karnataka High Court has ruled that the slogan “Bharat Mata Ki Jai” promotes harmony and does not incite disharmony or conflict. This judgment came in response to a case where it was alleged that the slogan was used to create hostility between two communities. Background of the Case: Following the re-election of Prime Minister Narendra Modi on June 9, there were nationwide celebrations. In…
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K’taka BJP lays siege to Vidhana Soudha demanding CM’s resignation; leaders detained
The Karnataka BJP staged a massive protest opposite the Mahatma Gandhi statue in the premises of the Vidhana Soudha on Thursday demanding the resignation of Chief Minister Siddaramaiah against whom the court has ordered a probe. The BJP leaders vehemently demanded that the Mysuru Urban Development Authority (MUDA) case allegedly involving CM Siddaramaiah be handed over to the Central Bureau of…
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MUDA case: CM Siddaramaiah appears before Lokayukta for questioning
Mysuru (Karnataka): Karnataka Chief Minister Siddaramaiah appeared before the Mysuru Lokayukta Superintendent T.J. Udesh Wednesday morning in connection with the Mysuru Urban Development Authority (MUDA) case. CM Siddaramaiah is named as the main accused in the case related to the alleged irregularities in the MUDA. He is the first Chief Minister to face a Lokayukta probe while being in power in…
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[ad_1] GG News Bureau New Delhi, 26th Nov. The Karnataka High Court on Tuesday adjourned the hearing on the plea seeking the transfer of the MUDA site allotment scam investigation to the CBI. The petition, filed by activist Snehamayi Krishna, expressed doubts over the credibility of the ongoing Lokayukta investigation. Krishna, in his plea, stated that he lacked confidence in the Lokayukta police, urging the court to hand over the case to the CBI for a more impartial inquiry. The MUDA site allotment case revolves around allegations that compensatory plots were allocated to Chief Minister Siddaramaiah’s wife, Parvathi, in a high-value area of Mysuru. The plots, it is claimed, were provided as part of a scheme under which 50% of the developed land was given to landowners whose property was acquired for residential layouts. The dispute centers on the legality of Parvathi’s ownership of the 3.16 acres of land in question, which she allegedly did not have legal title over. The Karnataka Lokayukta police and Enforcement Directorate have already initiated investigations into the matter. Chief Minister Siddaramaiah, however, has denied any wrongdoing in the alleged scam. The next hearing on the case is scheduled for December 10. The post Karnataka HC Adjourns Hearing on Plea to Transfer MUDA Scam Probe to CBI appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link
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[ad_1] GG News Bureau New Delhi, 26th Nov. The Karnataka High Court on Tuesday adjourned the hearing on the plea seeking the transfer of the MUDA site allotment scam investigation to the CBI. The petition, filed by activist Snehamayi Krishna, expressed doubts over the credibility of the ongoing Lokayukta investigation. Krishna, in his plea, stated that he lacked confidence in the Lokayukta police, urging the court to hand over the case to the CBI for a more impartial inquiry. The MUDA site allotment case revolves around allegations that compensatory plots were allocated to Chief Minister Siddaramaiah’s wife, Parvathi, in a high-value area of Mysuru. The plots, it is claimed, were provided as part of a scheme under which 50% of the developed land was given to landowners whose property was acquired for residential layouts. The dispute centers on the legality of Parvathi’s ownership of the 3.16 acres of land in question, which she allegedly did not have legal title over. The Karnataka Lokayukta police and Enforcement Directorate have already initiated investigations into the matter. Chief Minister Siddaramaiah, however, has denied any wrongdoing in the alleged scam. The next hearing on the case is scheduled for December 10. The post Karnataka HC Adjourns Hearing on Plea to Transfer MUDA Scam Probe to CBI appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link
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The Caste Census and Its Effects on India: A Contentious Conversation
The subject of India's caste census generated a great deal of discussion and controversy during the most recent parliamentary session. Grinning, the Finance Minister talked about the important issues this topic raises and how it shouldn't be treated lightly. The proposal for a caste census was the main topic of discussion because it had the ability to significantly alter the sociopolitical climate of the country. https://www.youtube.com/watch?v=0w7N3lN8PYw&pp=ygUMY2FzdGUgY2Vuc3Vz The minister brought up the ongoing attempts to disparage and discredit her position on the caste census. She declared with assurance that the government would carry out this program successfully in spite of the criticism. She underlined how important it is to address the funding for Scheduled Tribes (ST) and Scheduled Castes (SC), especially in Karnataka, where there have been concerns raised about how these funds have been used. The Karnataka Congress government was criticized for allegedly mismanaging the cash allocated to the SC and ST. The minister disclosed that a considerable amount of the budget was taken from the tribal sub-plan and the SC sub-plan. It's still unclear, though, exactly where these funds are located. She questioned Congress leaders, including former chief minister Charanjit Channi, and urged them to look at the Karnataka problem instead of focusing elsewhere.
Image Credit : The Indian Express The minister cited a particular case in which there were accusations of a significant swindle concerning the Maharsi Valmiki Scheduled Tribe Development Corporation. She blasted Congress's handling of these accusations, pointing out that they just minimized the extent of the financial disparities rather than confronting the facts. Not the 187 crores as initially stated, but just 89 crores were admittedly misappropriated by the Congress government, she claimed. In conclusion, there is still controversy in India surrounding the caste census and the distribution of funding to underprivileged groups. Despite the continuous political backbiting and accusations, the government's pledge to conduct a caste census is perceived as a step towards more openness and equality. As both sides continue to voice their opinions and worries, the conversation is developing and is becoming increasingly important in India's sociopolitical discourse. Also Read: Ola Electric IPO: This is the largest initial public offering of the year, and here’s what GMP says Read the full article
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Union Budget 2024: Clarity on ITC Eligibility for Sales Promotion Expenses Pivotal
Karan Kakkar, Partner at Grant Thornton Bharat, and Pragya Sharma, Associate Director at Grant Thornton Bharat, emphasize the critical need for reforms to streamline Input Tax Credit (ITC) claims in India’s GST regime. While GST was introduced to simplify India’s tax system and ensure a seamless flow of ITC, businesses have encountered numerous challenges and inconsistencies, particularly regarding ITC eligibility on sales promotion expenses.
The Need for Clarity and Consistency
In the recent GST Council meeting, Finance Minister Nirmala Sitharaman presented substantial proposals. However, industry stakeholders are still looking for additional measures to address their concerns. With the Union Budget on the horizon, businesses are hopeful for clarity on ITC uncertainties, comprehensive reforms to simplify ITC claims, reduced compliance burdens, and improved transparency within the GST framework. These reforms are essential for fostering a conducive business environment and boosting economic growth.
The Role of Sales Promotion in Business
Sales promotion activities, including discounts, gifts, free samples, loyalty programs, and promotional merchandise, are crucial for businesses aiming to attract customers, boost sales, and enhance brand visibility. However, GST provisions impose specific restrictions on the eligibility of ITC for goods given as gifts or free samples for promotional purposes.
The ambiguity surrounding the definition of ‘gift’ has led to the consistent denial of ITC. According to a CBIC press release dated July 10, 2017, ‘gift’ has not been defined in the GST law but generally refers to something given without consideration, voluntarily, and occasionally. Circular №92/11/2019-GST dated March 7, 2019, clarified that ITC is not available for goods and services used as gifts or free samples without consideration. If the distribution qualifies as a “supply” under Schedule I of the Act, the supplier can avail ITC.
Conflicting Rulings and Interpretations
The GST implications of promotional schemes have been a long-standing source of debate and confusion, with various conflicting rulings and interpretations. For example, the Tamil Nadu Appellate Authority for Advance Ruling (AAAR) ruled in the case of GRB Dairy Foods Pvt Ltd. that goods distributed as part of a promotional scheme do not qualify as a supply, and therefore, ITC is not eligible. This view was also upheld by the Karnataka AAAR in the case of Page Industries.
Understanding the Rationale for ITC Eligibility
The argument that companies distribute goods to dealers and customers purely on a voluntary basis, without any business objective, is unreasonable. These promotions are embedded within the overall supply value and serve strategic business purposes. While they may appear as ‘gifts’ from a marketing perspective, they are far from gratuitous in a commercial sense. Sales targets and promotional offers are incorporated into the value of supply, on which taxes are paid, aligning with the principle that ‘nothing is free.’
Addressing Industry Concerns
Addressing the concerns of Indian businesses regarding ITC eligibility on sales promotion expenses is crucial for fostering a business-friendly environment under the GST regime. Clarity and consistency in GST provisions related to ITC on promotional expenses are pivotal. As businesses await the upcoming Union Budget, their hopes are pinned on comprehensive reforms that streamline ITC claims, reduce compliance burdens, and enhance transparency.
By addressing these issues, the government can ensure a more straightforward, efficient, and business-conducive tax environment, promoting economic growth and stability.
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