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 hears bail plea of Kashmiri separatist leader Shabir Ahmad Shah booked under the UAPA for conspiring to secede Jammu & Kashmir from India.
Bench: Justices Vikram Nath and Sandeep Mehta.
Sr. Adv. Colin Gonsalves (for Shah): the chargesheet mentioned a large number of accused persons.
Court: what is the primary allegation?
Gonsalves: yes. I will. I am not there in the main chargesheet. Not in the first supplementary chargesheet. I was added in the second supplementary chargesheet.
Court: you were booked for provocative speeches etc?
Gonsalves: yes and terror funding. The last speech I gave was in 1993. The story of terror funding was one one Mr. Wani was carrying money amounting to 75 lakhs meant for me. Wani was acquitted in the ED matter. I was given bail in the ED matter.
Court: since when are you in custody?
Gonsalves: total custody in and out all together is 40 years. In this last FIRs 6.5 years. The period of custody that I have undergone in all the FIRs is 40 years including detentions.
Supreme Court hears plea by Niranjan Das, an accused in the Chhattisgarh liquor scam case in which FIRs were registered in Uttar Pradesh and Chhattisgarh.
Das seeks transfer of trial in UP FIR to Chhattisgarh liquor scam. Bench led by CJI Surya Kant hears matter.
Senior Advocate Mukul Rohatgi appears for Das.
CJI Surya Kant: You are saying the allegations in the two states are similar. But Coordinate bench says that they are state specific
Court notes that in UP FIR, there are co-accused from UP also. If trial is transferred in Das’ case, co-accused in UP also affected.
CJI: What about a (co-accused who is) permanent resident of Noida (if trial is transferrer to Raipur, Chhattisgarh)?
Supreme Court to deliver judgment in a writ petition challenging the constitutionality of Section 17A of the Prevention of Corruption Act("PC Act"), which was introduced through an amendment in 2018 #SupremeCourt
Justice KV Viswanathan: Judgment in Vineet Narain has stated that the Executive on its own cannot foreclose investigation against its own. We have discussed Subhramniam Swamy on Section 6a validity.
Justice KV Viswanathan: We have highlighted the qualitative difference between erstwhile 6a and present 17a.
Supreme Court resumes hearing plea against detention of Ladakh-based activist Sonam Wangchuk under the NSA.
Bench: Justices Aravind Kumar and PB Varale
Sr. Adv. Kapil Sibal (for Wangchuk): I am told by the Solicitor’s office that he will not be able to address the Court till the 26th. At least we must know.
Counsel: there’s a wedding in his family between the 19th and 23rd.
Court: we will let Mr. Sibal complete today. And we will have it again tomorrow. This is a habeas corpus petition. We will have it between 2:45-3:00pm.
Supreme Court to resume hearing its suo motu case on stray dogs today, marking the third consecutive day of proceedings in the matter.
Bench: Justices Vikram Nath, Sandeep Mehta, and NV Anjaria
#Straydogs #SupremeCourt
Yesterday, the court had asked counsel opposing the removal of stray dogs from institutional areas to come prepared on a ToI article titled “On The Roof Of The World, Feral Dogs Hunt Down Ladakh’s Rare Species”.
Supreme Court resumes hearing its suo motu case on stray dogs.
Bench: Justices Vikram Nath, Sandeep Mehta, and NV Anjaria
Amicus Gaurav Agarwal: the 4 remaining states mentioned yesterday have filed their compliances last night. So between yesterday's note and today's note, sixteen states are done, seven are left. I would need one more day to complete that tabular chart.
Sr. Adv CU Singh resumes his arguments.
Singh: apart from the vacuum effect etc mentioned yesterday, there is also a rodent menace. There’s also a problem of monkeys in institutional areas. We have annexed studies. When there is an abrupt removal of dogs, rodent populations shoot up and lead to unintended consequences. There has to be a balance. Your lordships know what happened in Surat 20-30 years ago.
Court: did that have anything to do with removal of dogs? On a lighter note, dogs and cats are enemies. Cats kill rodents so we should promote more cats and less dogs. That would be the solution. Tell us how many dogs you want roaming around in hospital corridors?