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Supreme Court Stays Centre's Notification Exempting Certain Construction Projects From Environmental Clearance
The Supreme Court on Monday (February 24) stayed the central government's notification exempting certain building and construction projects from mandatory prior environmental clearance. A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan issued notice returnable on March 28, 2025 in a PIL filed by NGO Vanashakti challenging the notification. The court stated in its order, “In...
Can HCs Declare Suits To Be Barred While Exercising Jurisdiction Under Article 227? Supreme Court To Consider
The Supreme Court is set to consider the issue of whether High Courts under the supervisory jurisdiction under Article 227 of the Constitution can declare a suit filed in trial court as barred, akin to the power under Order 7 Rule 11 of CPC. The bench of Justice PS Narasimha and Justice Manoj Mishra was hearing the challenge to the Madras High Court order which has set aside a suit for...
'Customs Officers' Are Not 'Police Officers', Must Satisfy Higher Threshold Of 'Reasons To Believe' Before Arrest : Supreme Court
Dealing with a challenge to penal provisions of the Customs Act, the Supreme Court today observed that 'customs officers' are not 'police officers' and that they must satisfy a higher threshold of "reasons to believe" before arresting an accused.A bench of CJI Sanjiv Khanna and Justices MM Sundresh, Bela M Trivedi made the observation while delivering verdict in a batch of 279...
GST Act Arrest Can Be Made Without Final Determination Of Tax Liability If There's Sufficient Degree Of Certainty About Offence : Supreme Court
In its judgment dealing with the powers of arrest under the Goods and Services Tax (GST) Act and the Customs Act, the Supreme Court today held that crystallization of tax liability is not mandatory to carry out an arrest. In some cases, when there is sufficient degree of certainty that the amount of tax evaded constitutes an offence, the Commissioner may authorize arrest after...
Anticipatory Bail Application Maintainable Against Arrest Under GST Act : Supreme Court Overrules Its Previous Judgments
The Supreme Court has overruled its previous decisions which held that anticipatory bail applications were not maintainable with respect to offences under the Goods and Services Tax Act.A three-judge bench comprising Chief Justice of India Sanjiv Khanna, Justice MM Sundresh and Justice Bela Trivedi overruled the two-judge bench judgments in State of Gujarat v. Choodamani Parmeshwaran Iyer...
Supreme Court Seeks Centre's Response On Compensation For Those Died Due To COVID Vaccination Adverse Effects
The Supreme Court recently asked the Additional Solicitor General, Aishwarya Bhati, to seek instructions on whether the Union Government wants to formulate a policy for granting compensation to the families of deceased who died due to COVID-19 vaccination. A bench of Justices Vikram Nath and Sandeep Mehta was hearing a Special Leave Petition filed against the Kerala High Court's interim...
Supreme Court To Hear Plea Challenging Gujarat HC's Order Allowing Law Graduates From Unrecognised College To Appear For Judicial Exam
The Supreme Court is scheduled to hear on March 4 the challenge to the Gujarat High Court's interim order allowing two law graduates from unrecognised institutions to appear for the civil judge examinations. The High Court bench of Justice Nirzar S Desai on February 24 directed the State Bar Council to issue provisional certificates of practice to two law graduates, who completed their LL.B....
Deaths Due To Manual Scavenging Expose Claims : Supreme Court Seeks Explanation From Delhi, Kolkata & Hyderabad Authorities
The Supreme Court recently expressed dissatisfaction over the affidavits filed by authorities in Kolkata, Delhi and Hyderabad for failing to explain how and when manual scavenging and manual sewer cleaning would be stopped in their cities. Particularly, the Court has noted that Delhi Jal Board, Kolkata Municipal Corporation and Hyderabad Metropolitan Water & Sewerage Board have not given...
17 Districts Notified As Flood Plain Zones: UP Govt Files Affidavit Before NGT In Case Alleging Ravines Destruction And Mining Near Taj Mahal
he application was based on a letter petition filed by Dr. Sharad Gupta on March 10, 2022, through Advocate-on-Record Anshul Gupta and Advocates Kirti Dua, Rishabh Daria, and Aditya Tainguriya.The Uttar Pradesh Government submitted an affidavit to the National Green Tribunal (NGT), informing that it has notified 17 districts within the State as 'flood plain zones' in relation to a case alleging destruction of ravines and large-scale mining in the vicinity of Taj Mahal and restricted floodplain...
Supreme Court Refuses To Halt Disposal Of Chemical Waste From Bhopal Gas Tragedy At Pithampur
The Supreme Court today (February 27) refused to interfere with the direction of the MP High Court which ordered the disposal of chemical waste from Bhopal Gas Tragedy site at Pithampur. The Court granted liberty to the parties to raise their grievances before the High Court. The bench of Justices BR Gavai and AG Masih, was hearing a petition assailing Madhya Pradesh High Court's direction...
Some Merit In Allegations That GST Officials Coerce Assesses To Pay Tax With Threat Of Arrest; It's Impermissible: Supreme Court
The Supreme Court on Thursday (February 27) observed that there was some merit in the allegation that tax officials coerce assesses to pay the Goods and Services Tax with the threat of arrest. This observation was made by the Court on the basis of data.The Court said that if any person is feeling coerced to pay GST, they can approach the writ court for refund of the tax paid by them...
