Judge analytics - NRA Iron and steel vs PCIT

Judge analytics – PCIT vs. NRA Iron and steel

While most people associate the practice of law with the highlight grabbing action in courts, a fundamental part of any successful case is the research done in the background. Research is usually considered a tedious process, with most people having to spend hours to arrive at an operative case or to uncover an insight that … Continue reading Judge analytics – PCIT vs. NRA Iron and steel

Vox Analytica Files : A Data Driven Look at Permanent Establishment

On June 6, 2018, the Authority for Advanced Rulings pronounced its decision in the case of MasterCard Asia Pte. Ltd. on the issue of whether there was a permanent establishment of the company in India or not. In a detailed judgment, the Authority ruled as follows: The setting up of Indian operations of MasterCard has … Continue reading Vox Analytica Files : A Data Driven Look at Permanent Establishment

Per Incuriam Cases – III

Even after a judgement has been declared per incuriam, they are routinely cited by the courts. For example, the case CIT vs Avi-Oil India Pvt Ltd.which was declared per incurium by V.R.A Cotton Mills (P) Ltd. vs U.O.I on 27-09-2011 has been cited 15 times since then. Identification of per incuriam cases can be useful to both lawyers … Continue reading Per Incuriam Cases – III

Per Incuriam Cases – II

A judgment of the court is not a binding precedent if given per incuriam, i.e., it is either: A judgment that is passed in ignorance of a relevant statutory provision; or A judgment that is passed without considering binding precedent of a coordinate or larger bench. As discussed in the earlier article, the significance of a judgment having … Continue reading Per Incuriam Cases – II