journal
Analysis
‘Race to the bottom’: The possible consequences of the mineral royalty judgement
The retrospective application of the decision to allow states to tax mines and minerals could have first- and second-order economic impacts
23rd Aug 2024
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Monthly Review: July 2024
In July, after summer vacation, the top court closed a long-pending case on mineral royalty and denied a retest of the 2024 NEET UG exam
16th Aug 2024
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A new avenue for state revenue
A nine-judge bench in one of the longest pending cases confirmed that only states have the power to tax mineral-bearing land
28th Jul 2024
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Listing dates for upcoming seven and nine-judge bench cases
The Court is expected to hear all seven and nine-judge matters in the first quarter of 2024.
25th Oct 2023
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Constitution Benches Settle on Five Cases to be Heard in September
The cases involve questions of Reservations, Remission, Taxation and Service Rules.
30th Aug 2022
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Mineral Area Development Authority v Steel Authority of India
In a 8:1 majority, a nine-judge Constitution Bench held that state government's can impose tax on mines and minerals. It observed that "royalty" is distinct from tax.
MoreLast Updated:
Bench:D.Y. Chandrachud CJI, Hrishikesh Roy J, A.S. Oka J, B.V. Nagarathna J, J.B. Pardiwala J, Manoj Misra J, Ujjal Bhuyan J, S.C. Sharma J, A.G. Masih J
Arjun Flour Mills v State of Orissa
The Supreme Court will decide whether state governments are constitutionally permitted to collect sales tax based on annual turnover.
MoreNext Hearing: January 9, 2024
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Bench:D.Y. Chandrachud CJI, S.K. Kaul J, Sanjiv Khanna CJI, B.R. Gavai J, Surya Kant J, J.B. Pardiwala J, Manoj Misra J
M/S Shanti Fragrances v Union of India
The Supreme Court held that there was no conflict between the two Judgments that the reference Judgment said were contradictory. Further, the Bench held that Judgments can only be overturned by a larger Bench and the number of Judges in the majority does not matter when determining the precedential value of a decision.
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Bench:Indira Banerjee J, Hemant Gupta J, Surya Kant J, M.M. Sundresh J, Sudhanshu Dhulia J
Gujarat Shrine Restoration
Decided
State of Gujarat v Islamic Relief Committee of Gujarat
The Court held that diversion of tax proceeds for restoring religious shrines destroyed even due to State's negligence violates the principles of Secularism. The court underlined a conception of Secularism based on Strict Separation principle. Additionally, the court further hinted that compensation can be sought only for violation of Right to Life and not for other fundamental rights.
MoreLast Updated: 20180829
Bench:P.C. Pant J, Dipak Misra CJI