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
CJI Surya Kant: Inko cost nahi lagaya high court ne ? Band vand pehene nahi hai.. laga koi dangal me utarne aaye hai.
Justice Bagchi: HC has imposed cost
CJI: Kitne saal hogaye wakalat karte aapko?
Adv: From 1995...
CJI: Who committed the mistake of giving you a license. Please don't file such petitions. People believe you .. how will people trust you if you file all this
Adv: Ideals of RSS is against the Constitution..
Justice Bagchi: if you press further.. we have to increase the costs. You may have a difference of opinion from ideology or politics etc. but that does not give rise to offence or you ask FIR against an authority. For argument stake if parliament passes an illegal law.. is it a crime ?? Please withdraw do not embarrass yourself.
CJI: The petitioner who is a practicing advocate and is present in person states that having realised his bona fide mistake, he does not want to pursue the petition which was filed under BNSS. He also undertakes not to file any such complaint, application / petition in any court or any other format. As with complaint dated 2020 sent to SHO Alwar.
CJI: Petitioner further prays that this court may take a lenient view and exempt him from paying cost as imposed by HC and to further prosecute the petitioner. Taking into consideration the repentance shown by the petitioner, and his undertaking, and also keeping in view other mitigating factors, we direct that para 16 of the impugned judgment of HC shall remain in abeyance indefinitely save and except that it will automatically stand revived if the petitioner does act in any manner directly or indirectly in breach of undertaking given before us.
Supreme Court hears the controversy around establishment of a crematorium near the Isha Yoga Center in Coimbatore
Adv Prashant Bhushan: the community that stays there... do not burn but bury bodies.. now Isha foundation is saying come to this land ..burn body and attain moksha. They are bringing the bodies from Coimbatore and burning it here. They are local tribals..
CJI Surya Kant: Burial has become an expensive affair. Isha Foundation is not a religious service. They are doing some pious work. Its a good work also ..these bodies.. did you sell this land to them? You can only claim that you sold for lawful activity.. but you cannot dictate it to them... Let them find a suitable place for you and compensate you so that you have better living conditions.
Justice Bagchi: this was done to stop the unregulated cremation of bodies.
Bhushan: this violates my fundamental right with the stench coming always...
Sr Adv Mukul Rohatgi: what is Mr Bhushan saying.. lodhi road crematorium is just beside homes..
Bhushan: there are no homes
Roahtgi: what about birbal road and jangpura...
Justice Bagchi: perhaps you should see my more unplanned city... which is right beside the Ganges and homes there as well.
CJI: On our suggestion parties are agreeable to explore a possibility of amicable solution .. so that a compensation can be paid to purchase a residential house at another place of his choice. we urge the parties to settle their dispute amicably. #SupremeCourt
Supreme Court to shortly hear The it's Suo Motu case over a “selective reference” in a Class 8 textbook, published by the National Council of Educational Research and Training (NCERT), about “corruption” in the judiciary
#SupremeCourt #CorruptionInJudiciary #SuoMotu
After the CJI Surya Kant led bench
expressed strong reservations against such a chapter, NCERT on Wednesday apologised for what it termed a “purely unintentional” inclusion of “inappropriate material” in a Class 8 Social Science textbook and halted its circulation #NCERT
CJI Surya Kant: Is it possible for this court to look at all polluted rivers? We can look at it one by one. We also keep entertaining so many matters and issue directions. .. we also have to see that we entertain matters together. Why to have a multiplicity of issues like this ?
CJI: These suo motu proceedings were initiated by this court pursuant to an order in 2021. The original matter dealt with increased level of pollution in Yamuna river...which led this court to take suo motu cognizance of polluting rivers with sewage affluents. This court considered due to contamination of River Yamuna.. it should be the first issue dealt with. Notices were issued to Uttarakhand, Haryana, Himachal, UP and Delhi and Union of India. There is no gainsaid that Right to live in hygienic conditions with human dignity with clean environment is embodied in Article 21.
CJI: Effect of pollution of water on human health drew attention of this court. Under the legislative scheme (water), CPCB and the SPCB were statutorily obligated to take all necessary measures to ensure that sewage affluent is not discharged into rivers unless it is completely treated and will not deteriorate the quality of water.
#SupremeCourt to hear petitions assailing the #SIR process in West Bengal
Development: Following SC's recent order for deployment of judicial officers to ensure completion of SIR in WB the Calcutta HC has decided to cancel the leaves of all judicial officers @MamataOfficial
CJI Kant: Chief Justice of HC has sent a report. The total human resource deployed is shown. He says there is not much resources.. around 226 retired officers and after adding some more it's 294. Now going by the calculation.. if one officer decides 250 objections.. then it will take 80 days. All servicing civil judges will also be permitted now. That is the way out. Retired officers and serving ones from Odisha and Jharkhand will also be added now.
Sr Adv Kalyan Banerjee: Only NDPS and POCSO court judges have been requisitioned and not the civil judges. If judges from different states come they will not understand Bengali.
CJI: let us go by History. Atleast the states were a part of it at one point of time. So they understand the dialect atleast
#BREAKING : Supreme Court comes down hard on the probe in the 2022 murder case against YSRCP MLC Ananta Uday Bhaskar
CJI Surya Kant: “This is a clear casr of the nexus of Police and power. Police, investigating agencies have been hobnobbing with the accused and all attempts have been made to grant default bail under 167(2) CrPC to the appellant on a platter…”
#SupremeCourt
CJI Surya Kant: Police, investigating agencies have been hobnobbing with the accused and all attempts have been made to grant default bail under 167(2) crpc to the appellant on a platter though HC did not grant the same.
Thus this appeal. He is enjoying interim bail from the last two years.
CJI: Senior Advocate Luthra informs that a supplementary chargesheet has been filed which shows laxity if not complicity with the state police with the accused exhibiting the grossest negligence in the matter of investigation of a heinous offence. In order to strike balance between right to liberty and right to fair trial.