World Environment Day Special- Recent Supreme Court Judgments On Environmental Law

Environment Protection Act, 1986 - Appeal by Pahwa Plastics Pvt. Ltd against an NGT order holding that its manufacturing units, which did not have prior Environmental Clearance (EC) could not be allowed to operate - Allowed - The question in this case is, whether a unit contributing to the economy of the country and providing livelihood to hundreds of people, which has been set...

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]

Code of Civil Procedure, 1908 - Appeal against High Court judgment which upheld the procedure adopted by the Execution Court that did not invite objections under Order XXI Rule 34 from Judgment debtor to draft sale deed produced by Decree holder - Allowed - Clearly contravenes the salutary provisions of Order XXI Rule 34 - The objections of the appellant to the draft sale deed to...

Supreme Court Monthly Digest- May 2022 With Nominal And Statute/Subject Wise Index

Aadhaar Act 2016 - UIDAI directed to issue Aadhaar cards to sex workers without insisting proof of residence. Budhadev Karmaskar v. State of West Bengal, 2022 LiveLaw (SC) 525 Advocate - Senior Advocate Designation - Instead of ten marks to be allocated to a counsel who has put in between ten to twenty years of practice, the marks be allocated commensurate with the standing of...

Supreme Court Monthly Digest: May 2022 [Citation No 434 To 536]

1. Parliament Must Provide Clarity On Reservation Benefits In Successor States After State Reorganization : Supreme Court Case Title: Akhilesh Prasad V. Jharkhand Public Service Commission And Ors.| Special Leave Petition (Civil) No.18890 of 2021 Citation : 2022 LiveLaw (SC) 434 While deciding a dispute related to the reservation of an employee serving the State of...

Supreme Court Quarterly Digest 2022 - TAX (Jan - Mar)

Constitution of India, 1950 - Levy of Excise Duty - State Legislature has no authority to levy duty or tax on alcohol, which is not for human consumption as that could be levied only by the Centre - State only empowered to levy excise duty on alcoholic liquor for human consumption. State of Orissa v. Utkal Distilleries Ltd; 2022 LiveLaw (SC) 240 Constitution of India, 1950; Article 226...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [May 23 - May 29] [ 2022 LiveLaw (SC) 521 to 27]

Aadhaar Act 2016 - UIDAI directed to issue Aadhaar cards to sex workers without insisting proof of residence. Budhadev Karmaskar v. State of West Bengal, 2022 LiveLaw (SC) 525 Arbitration and Conciliation Act 1996; Section 11(5), 11(6) - Delay in appointment of arbitrators - If the arbitrators are not appointed at the earliest and the applications under Sections 11(5) and 11(6) of...

Supreme Court Quarterly Digest 2022 - MOTOR ACCIDENT CASES (Jan- Mar)

Motor Accident Compensation Claims - Enhanced the compensation payable to over Rupees 50 Lakhs in a motor accident case where appellant has been rendered paralysed for life after he met with an accident as a 5 year old boy in 2010 - The appellant is not able to move his both legs and had complete sensory loss in the legs, urinary incontinence and bowel constipation and bed sore. Master...

Supreme Court Quarterly Digest 2022 - CONSUMER PROTECTION LAW (Jan - Mar)

Consumer Law - Transfer Petition filed seeking transfer of consumer complaints pending before Consumer fora to Bombay High Court - Dismissed - The consumer complaints are filed under the Consumer Protection Act, therefore, such consumer complaints cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India. Yes bank v. 63...

Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer...

Supreme Court Quarterly Digest 2022- IBC (January - March)

Insolvency and Bankruptcy Code, 2016 - Appeal challenging NCLAT order which reversed the order of the NCLT wherein it had held that the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 was not time-barred - Allowed - The failure of the NCLAT as the first appellate authority to look into a very vital aspect such as this, vitiates its order, especially when NCLT...

Supreme Court Quarterly Digest 2022- ARBITRATION (Jan - Mar)

Arbitration Act, 1940; Section 30, 33 - Scope of interference by courts - A Court does not sit in appeal over an Award passed by an Arbitrator and the only grounds on which it can be challenged are those that have been specified in Sections 30 and 33 of the Arbitration Act, namely, when there is an error on the face of the Award or when the learned Arbitrator has misconducted himself or...

Supreme Court Monthly Digest With Nominal And Subject/Statute Wise Index-January 2022 [Missing Part]

Also Read: Supreme Court Monthly Digest February 2022 Supreme Court Monthly Digest March 2022 Supreme Court Monthly Digest April 2022 Act of God - Meaning - When nothing of any external natural force had been in operation in a violent or sudden manner, the event of the fire in question could be referable to anything but to an act of God in legal parlance. (Para 53-55) State...