Supreme Court of India Judgements

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Category: Environment

Environment Municipal Laws

Environmental Law — Public Trust Doctrine — MCGM’s mandate to develop recreational spaces providing legal foundation for project — Prior condition of water body suggested degradation, not functional lake — Completed park providing substantial public benefit, including green space and recreational amenities utilized by community — Post facto sanction restricting land use to recreational purposes providing legal safeguard — Delay in filing petition undermining challenge — Direction to maintain park in perpetuity for public use, explore alternative water body, and restore other deteriorated water bodies by MCGM.

Jun 3, 2025 sclaw

2025 INSC 792 SUPREME COURT OF INDIA DIVISION BENCH MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS Vs. PANKAJ BABULAL KOTECHA AND OTHERS ( Before : Surya Kant and Nongmeikapam Kotiswar…

Environment

Genetically Modified Organisms — Regulation and approval of genetically modified organisms — Environmental release of transgenic mustard hybrid DMH-11 — The Supreme Court has quashed the approval of the environmental release of transgenic mustard hybrid DMH-11, developed by the Centre for Genetic Manipulation of Crop Plants (CGMCP) at the University of Delhi — The court found that the decision-making process was arbitrary and violated the precautionary principle — The court directed the government to take a fresh decision on the release of the transgenic mustard hybrid, considering the recommendations of the Technical Expert Committee (TEC) and the Parliamentary Standing Committee on Agriculture — The court also directed the government to formulate a National Policy on GM crops, involving all stakeholders, and to ensure transparency and public participation in the decision-making process — The court emphasized the importance of protecting the environment, biodiversity, and the health of citizens in the context of genetically modified organisms.

Jul 27, 2024 sclaw

2024 INSC 545 SUPREME COURT OF INDIA DIVISION BENCH GENE CAMPAIGN AND ANOTHER — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.V. Nagarathna and Sanjay…

Environment

Environment (Protection) Act, 1986 – 3(2)(v)(1) – Environment (Protection) Rules, 1986 – Rule 5(3)(d) – The Court finds the exemption to be unguided and arbitrary, lacking specific criteria for the quantity of earth extraction and the definition of linear projects – The Court concludes that the exemption under item 6 of the impugned notification is illegal and arbitrary, violating Article 14 of the Constitution of India – The amended notification also fails to address these concerns adequately – Appeal Partly allowed.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NOBLE M. PAIKADA — Appellant Vs. UNION OF INDIA — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Civil Appeal…

Environment

Environmental Rule of Law – The importance of ensuring the effective functioning of these environmental bodies as this is imperative for the protection, restitution, and development of the ecology – The role of the constitutional courts is therefore to monitor the proper institutionalisation of environmental regulatory bodies and authorities

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH IN RE: T.N. GODAVARMAN THIRUMULPAD — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.R. Gavai, Pamidighantam Sri Narasimha and…

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POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus

Jun 29, 2025 sclaw
Joint Family Property Will & Succession

Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Jun 28, 2025 sclaw
Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw
Cr P C

Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.

Jun 28, 2025 sclaw