Supreme court
Supreme Court Mandates Its Prior Permission For Tree Felling Within 5 Kms Of Taj Mahal, No Blanket Exemption For Private Land
The Supreme Court has held that its 2015 direction requiring prior permission of the Court for tree felling in Taj Trapezium Zone will continue to apply for felling of any tree within aerial distance of 5 kms of Taj Mahal. A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan passed the order in the MC Mehta case concerning tree cutting and other environment issues in the protected...
Gang Rape | Penetrative Act By One Can Implicate All If There's Common Intention; Need Not Prove Rape By All : Supreme Court
The Supreme Court upheld the convictions of the accused individuals found guilty of gang rape, rejecting their argument that they had not personally committed any act of penetration. The Court clarified that under Explanation 1 to Section 376(2)(g) of the Indian Penal Code, if a penetrative act is carried out by even one person, all others sharing a common intention can also be held liable...
Church Of South India Dispute : Supreme Court Holds Election Of Dharmaraj Rasalam As CSI Moderator Illegal, Freezes Amendments
In relation to the dispute concerning the Church of South India (CSI), the Supreme Court on Friday (May 2) held that the election of Bishop Dharmaraj Rasalam as the Moderator of the CSI Church in the elections held in 2020 was illegal.The Court also ordered that the resolution passed by the Synod in its Special Meeting held on 07.03.2022 approving the amendments related to the age of Bishops...
Customs Act | Engineering Services Fees Having Direct Nexus With Import Of Goods Fall Within Assessable Customs Value : Supreme Court
The Supreme Court yesterday (May 1) ruled that engineering and technical service fees paid by the importer must be included in the assessable value of imported spare parts under the Customs Act, 1962. The bench of Justices Abhay S. Oka and Ujjal Bhuyan upheld that the 8% technical and engineering fee charged to the appellant(Coal India) should be included in the assessable value for...
Supreme Court Disposes Petitions Against 1982 J&K Law On Return Of Pre-1954 Migrants To Pakistan, Cites Non-Enforcement & 2019 Repeal
Recently, the Supreme Court disposed of a batch of petitions, pending since 1982, challenging the constitutionality of the Jammu and Kashmir Grant of Permit for Resettlement in (or Permanent Return) to the State Act, 1982.The Court noted that the provisions of this Act never came into force, and that its operation was stayed by the Court by an order passed in 2002. Subsequently, it was...
S. 482 CrPC | Not Open For High Court To Rely On Investigation Report In Plea To Quash FIR: Supreme Court
The Supreme Court today (May 1) observed that High Courts cannot assess or call for the submission of an investigation report while exercising powers under Section 482 of the CrPC, as this authority rests exclusively with the Magistrate. Holding thus, the bench comprising Justices Pankaj Mithal and SVN Bhatti set aside the Gujarat High Court's decision, which had relied upon the...
Article 142 Can Be Used To Modify Arbitral Awards, Holds Supreme Court; Justice Viswanathan Dissents
The Supreme Court in its recent decision has held that powers to do complete justice under Article 142 can be exercised to modify an arbitral award if it helps put prolonged litigation to an end. The majority opinion authored by CJI Sanjiv Khanna explained that power to do complete justice under Article 142 can be utilised cautiously to modify an award as long as it does not interfere in...
High Court Cannot Reject A Plaint While Exercising Article 227 Power : Supreme Court
The Supreme Court held that a High Court cannot reject a plaint in exercise of its supervisory jurisdiction under Article 227 of the Constitution.A bench comprising Justice PS Narasimha and Justice Joymalya Bagchi was hearing a petition challenging the Madras High Court's decision to reject a plaint as barred by the Prohibition of Benami Property Transactions Act.Setting aside the High...
'Unauthorised Construction Has To Be Demolished; Judicial Regularisation Impermissible' : Supreme Court
Reaffirming its zero-tolerance stance on illegal and unauthorized construction, the Supreme Court dismissed a petition seeking the regularization of an unlawful building in Kolkata, emphasizing that no leniency should be shown towards such violations and that the structure must be demolished. The Court noted that illegal structures must face demolition without exception, closing all avenues...
GST | Bail Should Be Normally Granted For Offences Under S 132 CGST Act Unless Extraordinary Circumstances Exists : Supreme Court
The Supreme Court recently expressed surprise at the High Court and the Magistrate Court denying bail to a person accused of committing offences under Section 132 of the Central Goods and Services Tax Act.The Court observed that in cases like this, bail should normally be granted. The offences alleged against the appellant were under Clauses (c), (f) and (h) of Section 132(1) of the Central...
When Can Court Remand Arbitral Award To Tribunal Under S.34/37 Arbitration Act ? Supreme Court Explains
The Supreme Court Constitution Bench recently held that the powers of Courts to remand arbitral awards back to the Tribunal under S. 34(4) of the Arbitration and Conciliation Act 1996 cannot be seen as a straight-jacket formula. The Court observed that an award should be remitted back only if there is a possibility to correct a defect in the award, but if the entire award suffers...