Supreme Court Mandates Minimum 1 KM ESZ For Protected Forests; Bans Permanent Structures There; No Mining In Wildlife Sanctuaries & National Parks

In a significant order, the Supreme Court on Friday directed that each protected forest should have an Eco Sensitive Zone (ESZ) of 1 kilometre.The Court further directed that no permanent structure will be allowed within the ESZ. Mining within national wildlife sanctuary or national park cannot be permitted.If the existing ESZ goes beyond 1 km buffer zone or if any statutory instrument...

"Child's Life At Stake": Allahabad HC Grants Bail To POCSO Accused On Condition To Take Care Of Victim/Wife, Their Child

The Allahabad High Court recently granted bail to a POCSO Accused taking into account the welfare of the child born out of wedlock of Accused and Victim. The Court stressed that the life of a newborn child is at stake and she can't be left to face the stigma during her life.In the instant case, the accused and the victim (both from the same village) had a love affair and out of fear of...

Delhi High Court Upholds Circular Restricting Foreign Travel Of District Court Employees To Vacations, Public Holidays & Emergencies Only

The Delhi High Court has upheld a circular stipulating that the city's district court employees can be allowed to visit a foreign country only during Summer Vacations, Winter Vacations, Public Holidays and in case of any exigency.A single judge bench comprising of Justice V Kameswar Rao dismissed a plea challenging the order dated January 31, 2022 passed by the respondent, Office of the...

"For Benefit Of Devotees" : Supreme Court Dismisses Pleas Challenging Construction Activities In Puri Jagannath Temple By Odisha Govt

The Supreme Court on Friday dismissed two petitions filed against the construction and redevelopment works undertaken by the Odisha Government at the iconic Shree Jagannath Temple premises at Puri.Terming the petitions as frivolous and contrary to public interest, the Court dismissed them with cost of Rupees one lakh each. "We highly deprecate practice of filing such frivolous petitions. They...

Delhi Riots Larger Conspiracy Case: High Court Issues Notice On Bail Plea Of Shifa Ur Rehman

The Delhi High Court on Friday issued notice on the appeal filed by President of Jamia Millia Islamia Alumni Association, Shifa-Ur-Rehman challenging the Trial Court order denying him bail in connection with the Delhi riots larger conspiracy case (FIR 59/2020).A division bench comprising of Justice Mukta Gupta and Justice Anish Dayal sought response of the prosecution while listing the matter...

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...

Punjab & Haryana High Court Modifies MACT Order, Permits Release Of Compensation Amount From 3 Yrs Fixed Deposit To Claimant

The Punjab and Haryana High Court recently allowed the plea of bereaved parents, seeking release of 50% compensation amount that was granted towards loss of their child in a motor accident, to be released from 3 years Fixed Deposit.Justice Alka Sarin referred to the case of H.S. Ahammed Hussain vs. Irfan Ahammed, [2002(3) RCR (Civil) 563], where the Supreme Court held that the amount...

S.138 NI Act: Delhi High Court Seeks List Of Cases Pending Or Adjourned Sine Die Due To Non-Traceability Of Proclaimed Offenders

The Delhi High Court has sought from the Principal District and Sessions Judge (Headquarters) a consolidated list of all cases pending or adjourned sine die under sec. 138 of Negotiable Instruments Act, 1881 due to the reason that the Proclaimed Offenders were not traceable. Justice Talwant Singh requested the Principal District and Sessions Judge (Headquarters) to constitute a committee...

Breaking: Kerala High Court Grants Extension Till July 15 For Prosecution To Wind Up Further Investigation In Actor Assault Case

The Kerala High Court on Friday granted the prosecution an extension till July 15 to conclude the further investigation in the 2017 sexual assault case.Justice Kauser Edappagath thereby allowed the plea moved by the Crime Branch. "Considering the fact that the analysis of voluminous evidence collected during further investigation is yet to be completed, reports from FSL regarding the...

Orissa High Court Monthly Digest: May 2022 [Citations 56-93]

Nominal Index: 1. Uma Charan Mishra v. Union of India, 2022 LiveLaw (Ori) 56 2. Zobeda Khatun v. Md. Habibullah Khan & Ors., 2022 LiveLaw (Ori) 57 3. Anjari Rout v. State of Odisha, 2022 LiveLaw (Ori) 58 4. M/s. Central Mine Planning & Design Institute Ltd. v. The Presiding Officer, Central Government Industrial Tribunal, Bhubaneswar &...

Orissa High Court Upholds Denial Of Default Bail To Man Accused Of Uploading 'Obscene Photos' Of Women On Facebook Accounts

A Single Judge Bench of the Orissa High Court, comprising of Justice Sanjeeb Kumar Panigrahi, has recently upheld the order of a Special Court denying default bail under Section 167(2), Cr.P.C. to a person who was accused of uploading 'obscene photographs' of women by creating fake Facebook accounts in their names. It also denied regular bail to the accused by observing, "So far as...

[Roorkee ISIS Module Case] 'Not Fit Case For Maximum Punishment': Delhi's Special NIA Court Sentences Five Convicts To 7 Yrs Imprisonment Under UAPA

A Special NIA Court in Delhi has sentenced five accused persons in connection with the Roorkee ISIS module case relating to the conspiracy to establish an ISIS base in India and to carry out terror activities in Delhi NCR and Haridwar region during the Kumbh festival.Special NIA Judge Parveen Singh sentenced Akhlakur Rehman, Md. Azeemushan, Md. Meraj, Md. Osama and Mohsin Ibrahim Sayyed...