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Environmental Law — Environmental Clearance (EC) — Ex-post facto EC — The Supreme Court has held that the concept of ex-post facto Environmental Clearance is alien to Indian environmental jurisprudence and struck down notifications allowing it — However, in cases where industries were established based on Consent to Establish (CTE) and Consent to Operate (CTO) granted by Pollution Control Boards (PCBs) which were themselves unaware of the prior EC requirement, and the industries have subsequently applied for EC, the Court may allow them to operate while the EC process is pending, to avoid economic and livelihood impacts if no actual pollution is caused or norms are otherwise met. Land Revenue Records — Evidentiary Value for Title — Revenue records like Faisal Patti, Vasool Baqi, and Pahanies are primarily for fiscal purposes and do not confer title or ownership — Mutation entries do not create or extinguish title and have no presumptive value regarding ownership — Such records cannot be the sole basis for declaring title, especially when the primary document of title (patta) is not produced. Recruitment Process — Advertisement and Selection — While filling vacancies, State instrumentalities must adhere to comparative merit and avoid discrimination — A candidate in a select list does not gain an indefeasible right to appointment without specific rules to that effect. Specific Relief Act, 1963 — Section 28 — Rescission of contract for failure to pay purchase money within time limit prescribed by decree — Court’s discretion to extend time or rescind — Dismissal of appeal for non-prosecution does not result in merger of trial court decree — Permitting deposit of balance amount does not extinguish judgment-debtor’s right to seek rescission — Court can consider extending time to balance equities and compensate judgment-debtor for delay, but not automatically — Judgment-debtor’s conduct showing willful negligence is a factor for rescission. Prohibition of Benami Property Transactions Act, 1988 — Section 45 — Bar of jurisdiction of civil courts — This section bars civil courts from entertaining suits or proceedings related to matters within the jurisdiction of authorities, Adjudicating Authorities, or the Appellate Tribunal under the Act — However, the question of whether a suit falls under this bar is itself a matter that can be considered in the context of Order 7 Rule 11 or Order XIV Rule 2.

Murder of Children by administrating poison – Illicit Relationship – Benefit of Premature Release – It cannot be simply bracketed as a ‘cruel and brutal’ offence as the Appellant herself was trying to end her life but was prevented by her niece in the nick of time – Appeal Allowed.

SUPREME COURT OF INDIA DIVISION BENCH  NAGARATHINAM — Appellant Vs. STATE THROUGH THE INSPECTOR OF POLICE — Respondent ( Before : Ajay Rastogi and Ahsanuddin Amanullah, JJ. ) Criminal Appeal…

Central Excise Tariff Act, 1985 – Mere broad-basing of the entries in Chapter 30 and Chapter 33 of the First Schedule to the Act 1985, by itself, could not have been the justification for an attempt at re-classification of the product – anything which is prepared for being used on the hair and carries the name “Hair Oil”, would lose its character as medicament if otherwise it has been prepared for therapeutic or prophylactic uses – Moreover, rewording and regrouping of different entries in medicaments are hardly of any impact on the character of the product in question.

SUPREME COURT OF INDIA DIVISION BENCH COMMISSSIONER OF CUSTOMS, CENTRAL EXCISE AND SERVICE TAX, HYDERABAD — Appellant Vs. ASHWANI HOMEO PHARMACY — Respondent ( Before : Dinesh Maheshwari and Vikram…

Mercy Petition – Supreme Court has rejected the request to reduce Balwant Singh Rajoana’s death sentence, but has permitted the central government to determine when to consider the mercy petition if needed — however, directed that the competent authority, in due course of time, would again as and when it is deemed necessary, may deal with the Mercy Petition, and take a further decision.

SUPREME COURT OF INDIA FULL BENCH BALWANT SINGH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.R. Gavai, Vikram Nath and Sanjay Karol, JJ. )…

Companies Act, 2013 – Section 164(2)(b) – Insolvency Resolution Process – Unless a categorical finding was recorded in the competent forum as regards any such default and unless specific order disqualifying the resolution applicant as director because of such default came into existence, it could not have been taken by way of any process of assumption that the appellant-resolution applicant was disqualified

SUPREME COURT OF INDIA DIVISION BENCH M.K. RAJAGOPALAN — Appellant Vs. DR. PERIASAMY PALANI GOUNDER AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Vikram Nath, JJ. ) Civil…

UOI directing to Serious Fraud Investigation Office (SFIO) against respondents – protection sought u/section 140(5) Companies Act being ultra vires – HELD application/proceedings under section 140(5) of the Companies Act, 2013 are maintainable even after the resignation of the concerned auditors – Appeal accepted against Deloitte Haskins & Sells LLP

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. DELOITTE HASKINS AND SELLS LLP AND ANOTHER — Respondent ( Before : M.R. Shah and M.M.…

Penal Code, 1860 (IPC) – Sections 302, 120-B, 506 read with 34 – Arms Act, 1959 – Section 27 – Conviction and sentence – Acquittal – The question is whether a convict has a fair chance of being acquitted based on palpable evidence – If the answer is yes, the convict should not be kept in custody for a long time until the appeal is decided

SUPREME COURT OF INDIA DIVISION BENCH OMPRAKASH SAHNI — Appellant Vs. JAI SHANKAR CHAUDHARY AND ANOTHER ETC. — Respondent ( Before : M.R. Shah and J.B. Pardiwala, JJ. ) Criminal…

Service Matters

Service Law – Dismissal from Service – Certain irregularities – Powers/Jurisdiction of Municipal Commissioner – Nature of Penalties – HELD per resolution the Commissioner was authorized to take action against any officer with regard to the lapses and/or negligence on the part of the officers in various works and purchases is concerned

SUPREME COURT OF INDIA DIVISION BENCH MUNICIPAL COMMISSIONER, JAMNAGAR MUNICIPAL CORPORATION AND ANOTHER — Appellant Vs. R.M. DOSHI — Respondent ( Before : M.R. Shah and J.B. Pardiwala, JJ. )…

Insolvency and Bankruptcy Code, 2016 – Distribution of the assets – Companies Act, 2013 – Sections 326 and 327 of Companies act shall not be applicable – the distribution of the assets shall have to be made as per Section 53 of the IBC subject to Section 36(4) of the IBC, in case of liquidation of company under IBC

SUPREME COURT OF INDIA DIVISION BENCH MOSER BAER KARAMCHARI UNION THR. PRESIDENT MAHESH CHAND SHARMA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M.R. Shah…

Service Tax (Determination of Value) Rules, 2006 – Rule 2A – the determination of value of service portion in the execution of the works contract is to be made as per Rule 2A, however with an option to the assessee to avail the benefit of Composition Scheme – Therefore, either the assessee has to go for Composition Scheme or go for Determination of Value as per Rule 2A and the assessee has to pay service tax on the service element and can claim CENVAT Credit on the said amount only.

SUPREME COURT OF INDIA DIVISION BENCH CC AND CE AND ST, NOIDA — Appellant Vs. M/S INTERARCH BUILDING PRODUCTS PVT. LTD. — Respondent ( Before : M. R. Shah and…

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