Latest Post

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.

Agreement to Sell—Capacity to Pay—Once the finding is recorded that seller did not perform his part of contract before execution of sale deed then failure on the part of buyer to ‘demonstrate’ that he was having sufficient money with him to pay the balance sale consideration is not of much consequence.

2019(3) Law Herald (SC) 1883 : 2019 LawHerald.Org 1034 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M.R. Shah Civil Appeal Nos.…

You missed