BIG win for Vodafone as Permanent Court of Arbitration issued an unanimous decision, holding India to be in breach of the ‘fair and equitable’ treatment obligations under the BIT.
The lawyers for Vodafone are Harish Salve and the team of DMD Advocates (Anuradha Dutt (in picture), Feresthe Sethna, Haaris Fazili and Kunal Dutt)
Decision:
1) Tribunal has jurisdiction 2) Vodafone is entitled to fair and equitable treatment laid down in the Article 4(1) of the Agreement 3) Government of India's conduct is a BREACH of GUARANTEE under Article 4(1)
Govt of India has to pay 40 crores+ as costs to Vodafone
Government of India will reimburse Vodafone a sum of £4,327,294.50 which is 60% of legal costs of Vodafone and 3,000 Euros which is 50% of costs borne by Vodafone to the Appointing Authority.
[FULL STORY] PCA has ruled in favour of Vodafone with respect to the Indian government's retrospective tax claim of ~ $5.5 billion together with penalty & interest (~Rs 40,000 Crores) stemming from the company's acquisition of Hutch in 2007. #Vodafone
Supreme Court to resume hearing today petitions challenging a 2023 law which excluded the Chief Justice of India from the selection panel to appoint the CEC and other election commissioners.
Bench: Justices Dipankar Datta and SC Sharma
Retd. IAS SN Shukla argues on behalf of Lok Prahari: we have challenged not only section 6,7,8 and also the appointments made there under. The basis is not just the judgement in Anoop Baranwal but proven legal infirmities based on governments own records that I have obtained through RTI.
Court: have you received a copy of the counter?
Shukla: only union of India has filed counter yesterday.
Court: have you received the copy? Please address us on merits.
Shukla: the impugned provisions are ultra vires articles 14 and 324.
Supreme Court remarks on women empowerment and patriarchal mindset in a divorce case between an Army officer (husband) and a dentist (wife) - Thread 🧵
The couple was granted divorce by the family court and the high court on the ground of cruelty and desertion by the wife for starting her own dental clinic away from Kargil, where her husband was posted.
The wife approached the Supreme Court not disputing the divorce, but seeking expungement of findings on cruelty and desertion.
Court: In the present world, where women are making strides in leaps and bounds, merely because the husband was an Army Officer posted in a remote location, the expectation that the wife could not even think of pursuing her career in Dentistry, is indicative of regressive and feudalistic mindset.
Court: It must be emphasised that a well-educated and professionally qualified woman cannot be expected to be confined within the rigid boundaries of matrimonial obligations alone. Marriage does not eclipse her individuality, nor does it subjugate her identity under that of her spouse.
Court: The expectation that a woman must invariably sacrifice her career and conform to traditional notions of an obedient wife meant for cohabitation, irrespective of her own aspirations or the welfare of the child, reflects a line of reasoning that is archaic, ultra-conservative, and cannot be countenanced.
Court: What is portrayed as defiance in the impugned judgments is, in truth, an assertion of independence; what is labelled as desertion is, on a closer scrutiny, a consequence of circumstances shaped by professional commitments.
Punjab minister Sanjeev Arora has approached Punjab and Haryana High Court against his arrest by ED in money laundering case.
A Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry is hearing the matter.
It is absolutely illegal. It is absolute case of political vendetta: Senior Advocate Puneet Bali, representing Arora, submits.
An absolute political orchestrate! Two FEMA raids are made. One against Shri [Ashok] Mittal; he defects, joins the ruling party, no arrest is made: Bali
Solicitor General of India Tushar Mehta’s two books — “The Bench, the Bar and the Bizarre” and “The Lawful and the Awful” — will be launched shortly
Chief Justice of India Surya Kant will preside over the event. Union Home Minister Amit Shah will attend as Chief Guest, while Attorney General for India R Venkataramani will be the Guest of Honour @AmitShahOffice #TusharMehta @Rupa_Books #SupremeCourt
SG Mehta's book launched by Union Home Minister Amit Shah , CJI Kant and AG R Venkataramani
SG Tushar Mehta: There is a particular peculiarity in being an advocate and publishing books on the lighter side of law. It feels rather like a surgeon writing humorously about his own operation theatre.
But I have deliberately, consciously, and purposefully chosen this subject, which is not a subject of just anecdotes or legal jokes or any other humorous book which is available in the market. I have chosen a different genre.
But I must clarify at the outset what these books are not. They are not a treatise. They are not a critique of any particular subject of law. And I have not even pretended to be scholarly while writing this book, the infection which infects almost everyone on this side of the Bar.
What are these two books? It is quite simple. They are a collection of true stories. Nothing is imaginary or fictional. They are a collection of true stories.
Since I am practising in India, and intend to do so for quite a number of years hereafter, I have chosen not to include any instance of Indian sport, Indian jest, or Indian judge. I have just gathered some incidents which would be very, very interesting for all of us to learn.
During mentioning, lawyer tells Calcutta HC his client's name has been excluded from voter list after SIR.
Judge: I cannot list all matters in a single day, sir ... Please wait. Come on 9th
Lawyer: He is a cancer patient.
Judge: Cancer patient? What will happen to the SIR? Is there any relation between SIR and the cancer patient?
Court later takes up another petition challenging another person's exclusion after SIR.
Lawyer: Despite having birth certificate, my school certificate, appointment letter, they have deleted my name.
Judge: What is your prayer?
Lawyer: Prayer is for domicile certificate.
Judge: Domicile certficate? How two prayers in one petition? If you want SIR, then I can dispose of by directing appellate tribunal to dispose off. Your appeal is pending?
Supreme Court bench of CJI Surya Kant and Justice Joymalya Bagchi to hear it's suo motu case on Odisha High Court bail order which had a condition for cleaning police stations
#SupremeCourt
Adv for the state: Learned Advocate General of Odisha is logged in
CJI: Okay Dr Acharya.
CJI: unfortunately the HC as well as some district courts while granting bail in odisha is imposing conditions which is obnoxious and bringing a bad name to the image of judiciary.
CJI; we do not expect the judiciary to act and behave in 2026. We spent 76 years for the liberty and this is how are repaying !