Supreme Court of India Judgements

46420 Judgements hosted as on 27/04/2024 - Search (FREE), Subscribe, Read & Download

Category: Environment

Environment

Environment Law – Sisodia Rani ka Bagh (Monument) – Monument may be used for appropriate multi-purpose activities between 8.00 A.M. to 8.00 P.M. only – No activity to be permitted after 8.00 P.M. – Use of laser lights, loud music, and fireworks is ordered to be completely restrained – Musical and other fountains to be maintained and to be kept in working order. Environment Law – Sisodia Rani ka Bagh (Monument) – Monument may be used for appropriate multi-purpose activities between 8.00 A.M. to 8.00 P.M. only – No activity to be permitted after 8.00 P.M. – Use of laser lights, loud music, and fireworks is ordered to be completely restrained – Musical and other fountains to be maintained and to be kept in working order. SC To Monitor Beautification Of 18th Century Garden. n

May 12, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND MUSEUMS, JAIPUR AND ANOTHER — Appellant Vs. ASHISH GAUTAM AND OTHERS — Respondent ( Before : Arun…

Environment

Karnataka Preservation of Trees Act, 1976 – Section 66 – Karnataka Land Reforms Act, 1961 – Sections 79-B and 104 – Plantations – Exemption from the restrictions on holding imposed under that statute – Effect of such treatment would be that such land under plantation would be exempted from the restrictions on holding imposed under that statute – This Court direct the Tahsildar to undertake fresh proceeding on the basis of the declaration filed under Section 66 of the 1976 Act by the predecessors of the respondents – It shall be open to the authorities undertaking such proceeding to examine as to whether declaration under Section 66 of the Act was proper course or not for determining the issues in dispute, including the question of vesting of the land or part thereof in the State Decided on : 27-04-2020

Apr 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH STATE OF KARNATAKA — Appellant Vs. Y. MOIDEEN KUNHI (D) BY LRS. AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha…

Environment

Environmental Clearances – Circular – Grant of ex post facto environmental clearances – HELD This Court must take a balanced approach which holds the industries to account for having operated without environmental clearances in the past without ordering a closure of operations – The directions of the NGT for the revocation of the ECs and for closure of the units do not accord with the principle of proportionality – Penalties must be imposed for the disobedience with a binding legal regime – The breach by the industries cannot be left unattended by legal consequences –

Apr 2, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ALEMBIC PHARMACEUTICALS LIMITED — Appellant Vs. ROHIT PRAJAPATI AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Ajay Rastogi, JJ. )…

Environment

Registration of vehicles – As per the details of vehicles and chassis number filed by learned counsel, pursuant to this Court’s order, as they have already been purchased and are BS-IV compliant, as a one time measure they are ordered to be registered within ten days of lifting of lock-down in the city concerned,

Mar 30, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NORTH DELHI MUNICIPAL CORPORATION — Appellant Vs. GNCTD — Respondent ( Before : Arun Mishra and Deepak Gupta, JJ. ) Civil Appeal No(s). 4908-4909/2019…

Environment

The order of the NGT directing the appellant to conduct a rapid EIA is upheld, though for the reasons which we have indicated above. We clarify that no other Court or Tribunal shall entertain any challenge to the ultimate decision of the SEAC or the SEIAA. Liberty is granted to the parties to approach this Court upon any grievance from the decision of the SEAC or the SEIAA pursuant to the order of this Court.

Mar 20, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH BENGALURU DEVELOPMENT AUTHORITY — Appellant Vs. MR SUDHAKAR HEGDE AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Hemant Gupta,…

Environment

The NGT has already directed the appellant to deposit Rupees one crore and has set up an expert committee to evaluate the impact of the appellant’s project and suggest remedial measures. In view of these circumstances, we uphold the directions of the NGT and direct that the committee continue its evaluation of the appellant’s project so as to bring its environmental impact as close as possible to that contemplated in the EC dated 2 May 2013 and also suggest the compensatory exaction to be imposed on the appellant

Dec 3, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KEYSTONE REALTORS PVT. LTD. — Appellant Vs. SHRI ANIL V THARTHARE AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Ajay…

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State Laws

Bombay Public Trusts Act, 1950 – The case involves the acceptance of Change Reports for the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, a Public Trust – The High Court invalidated the acceptance and remanded the matters for reconsideration – The main issue was the delay in filing the Change Report for the new Vahiwatdar of the Trust, which was submitted 17 years after the previous Vahiwatdar’s death – The Supreme Court set aside the High Court’s judgment, confirming the acceptance of Change Report Nos. 899 of 2015 and 1177 of 2017, allowing the civil appeals – The Court found that the delay in filing the Change Report was a curable defect and did not impact the legitimacy of the new Vahiwatdar’s assumption of office – The Court emphasized a liberal approach to condonation of delay, citing precedents.

Apr 28, 2024 sclaw
Service

Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 – Sections 7, 8 and 9 – Procedure for resignation by employees of private schools – The appellant challenged his termination from, which was set aside by the Tribunal but reinstated by the High Court – The main issues were whether the appellant’s resignation was lawfully withdrawn and if the documents related to his resignation were fabricated – The appellant argued that his resignation withdrawal was not considered and that the school committee’s resolutions were fabricated – The respondents contended that the resignation was accepted by the management committee and the school committee, and the appellant was informed accordingly – The Supreme Court upheld the High Court’s decision, dismissing the appeal and affirming that the appellant’s resignation was voluntary and lawfully accepted – The Court found no evidence of fabricated documents and determined that the management committee’s acceptance of the resignation was valid – The Court referenced the MEPS Act and Rules, concluding that non-communication of resignation acceptance does not invalidate the termination – The Supreme Court concluded that the appellant’s resignation was accepted before his attempted withdrawal, and thus the termination was lawful.

Apr 28, 2024 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 – Section 5(7) – “financial creditor” – The appeals challenge judgments related to the status of certain creditors of M/s. Mount Shivalik Industries Limited under the Insolvency and Bankruptcy Code, 2016 (IBC) – The primary issue is whether the respondents are financial creditors or operational creditors within the meaning of the IBC – The appellants argue that the respondents are operational creditors, as the agreements indicate services rendered to promote the corporate debtor’s products – The respondents contend that the agreements were a means to raise finance, making them financial creditors due to the interest-bearing security deposits – The Court upheld the NCLAT’s decision, recognizing the respondents as financial creditors based on the commercial effect of the transactions – The Court examined the true nature of the transactions and found that the arrangements had the commercial effect of borrowing, satisfying the criteria for financial debt under the IBC – The Court applied the definition of financial debt and operational debt from the IBC, emphasizing the disbursal against the consideration for the time value of money – The appeals were dismissed, confirming the respondents’ status as financial creditors and allowing the resolution process to continue accordingly – The Court’s detailed analysis affirmed the NCLAT’s interpretation of the IBC provisions.

Apr 28, 2024 sclaw
Family Court I P C

“Husband Has No Right On Wife’s Stridhan” Matrimonial Law – The appeal concerns a matrimonial dispute involving misappropriation of gold jewellery and monetary gifts – The appellant, a widow, married the first respondent, a divorcee, and alleged misappropriation of her jewelry and money by the respondents – The core issue is whether the appellant established the misappropriation of her gold jewellery by the respondents and if the High Court erred in its judgment – The appellant claimed that her jewellery was taken under the pretext of safekeeping on her wedding night and misappropriated by the respondents to settle their financial liabilities – The respondents denied the allegations, stating no dowry was demanded and that the appellant had custody of her jewellery, which she took to her paternal home six days after the marriage – The Supreme Court set aside the High Court’s judgment, upheld the Family Court’s decree, and awarded the appellant Rs. 25,00,000 as compensation for her misappropriated stridhan – The Court found the High Court’s approach legally unsustainable, criticizing it for demanding a criminal standard of proof and basing findings on assumptions not supported by evidence – The Court emphasized the civil standard of proof as the balance of probabilities and noted that the appellant’s claim for return of stridhan does not require proof of acquisition – The Supreme Court concluded that the appellant had established a more probable case and directed the first respondent to pay the compensation within six months, with a 6% interest per annum in case of default.

Apr 28, 2024 sclaw