Supreme court
Products Created From 'Forest Produce' By Human Labour Can Also Be 'Forest Produce': Supreme Court Disagrees With Earlier Judgment
The Supreme Court observed that sandalwood oil is a 'forest produce' under Kerala Forest Act.The court disagreed with an earlier judgment which held that that articles or products created by human toil are not per se forest products.The distinction sought to be made defeats the purpose of the Act, because illegally procured forest produce, such as sandalwood, rosewood, or other rare species,...
Section 69 Kerala Forest Act Does Not Place Reverse Burden Of Proof On Culpability Of Accused: Supreme Court
The Supreme Court observed that the Section 69 of the Kerala Forest Act merely directs a presumption that the forest produce belongs to the government and it does not place reverse burden of proof on culpable mental state of the accused.The court said that seizure of the goods ipso facto does not mean that the accused had conscious knowledge about their illicit nature or origin or that...
PM CARES Fund Satisfies All Criteria For Being Declared As 'State' Under Article 12 : Shyam Divan Tells Delhi High Court
Senior Advocate Shyam Divan today told the Delhi High Court that the PM CARES Fund satisfies all the criteria for being declared as "State" under Article 12 of the Constitution and that even functionaries like Vice President of India and Cabinet Ministers are under an impression that it is a Government Fund.The development comes in the plea seeking declaration that PM CARES Fund is "State"...
Supreme Court Directs Suspension Of Tihar Jail Officials Found To Have Connived With Unitech Case Accused
The Supreme Court on Wednesday directed the suspension of Tihar Jail officials who are found to have extended undue help and assistance to ex-Unitech promoters Sanjay Chandra & Ajay Chandra while they were in jail. Earlier, the Court had directed shifting of Chandra brothers from Tihar & ordered probe by Delhi police.The Court had earlier directed the shifting of Chandra brothers, who...
Why Huge Quantities Of Banned Barium Chemicals Kept In Godowns? Supreme Court To Firecracker Manufacturers
The Supreme Court on Wednesday observed that its earlier orders pertaining to the regulation of firecrackers must be complied with by every State. The Court was adjudicating upon an application alleging violation of the order dated February 10, 2017 banning the use of certain chemicals that were dangerous & beyond safety limits in the fireworks by the manufacturers. A Bench...
Clause Barring Payment Of Interest Not Hit By Section 28 Contract Act : Supreme Court
The Supreme Court has held that a clause in an agreement barring payment of interest on amounts security deposit, earnest money deposit or any other amount will not be hit by Section 28 of the Contract Act. According to Section 28 of the Indian Contract Act, a contract is void to the extent it restricts absolutely a party from enforcing his rights by usual proceedings in ordinary courts or if...
Supreme Court Dismisses Lawyer's Plea Challenging MPLADS Suspension
The Supreme Court on Wednesday dismissed a special leave petition filed against Bombay High Court's order dismissing a PIL challenging the Centre's move to suspend and divert 'Members of Parliament Local Area Development Scheme' (MPLADS) funds for two years.A Bench comprising CJI NV Ramana, Justice Surya Kant and Justice Hima Kohli dismissed the plea filed by a lawyer Neelima Sadanand...
'I Personally Check All E-Mails For Expeditious Listing Each Day': Justice Chandrachud To Dushyant Dave Who Complained About Non-Listing Of Matters By Registry
Justice D. Y. Chandrachud on Wednesday told the bar that every morning, he personally peruses all emails to secure a listing which has been received by the court-master from AORs until the previous evening, and "99 out of 100 times", the judge ensures the matters are listed expeditiously.The remark came when Senior Advocate Dushyant Dave voiced the grievance of the Supreme Court...
Specific Performance - 'Readiness' & 'Willingness' Can't Be Proved For First Time Before HC Through Affidavit Without Amending Pleadings : Supreme Court
"Once it is found on appreciation of evidence that there was no willingness on the part of the plaintiff, the plaintiff is not entitled to the decree for specific performance"
Electricity Act - Additional Bill Raised By Distributor After Detecting Mistake Not Hit By 2 Years Limitation Under Section 56(2) : Supreme Court
The Supreme Court has held that an additional bill raised by an Electricity Distribution Company as a licensee under the Electricity Act, 2003, after detecting a mistake, will not be hit by the two years limitation under Section 56(2) of the Act. Section 56(2) says that "no sum due from any consumer, under this section shall be recoverable after the period of two years from the...
'Fit Case To Be Included In Law School Syllabus' : Supreme Court On 5th Round Of Litigation Stalling Execution In 50 Yr Old Suit
Astonished at the five rounds of litigation initiated by a litigant(and his successors) over five decades to stall the execution of a civil decree, the Supreme Court remarked that it was a fit case to be included in the law school syllabus as a study material for students to get equipped with various provisions of the Civil Procedure Code relating to execution."...the case on hand is fit to...