Supreme Court Half Yearly Digest 2023 - Environmental Laws

Aarey Case - The Supreme Court imposes Rs. 10 lakh fine on Mumbai Metro Rail Corporation Ltd (MMRCL) for seeking to cut more trees than allowed; but allows it to cut 177 trees. In Re: Felling of Trees in Aarey Forest (Maharashtra), 2023 LiveLaw (SC) 334 : 2023 INSC 381Appeal maintainable before NGT against corrigendum imposing additional conditions to environmental clearance. IL&FS Tamil...

Section 362 CrPC Bar Not Applicable To Bail Orders : Supreme Court

A Division Bench of the Supreme Court recently, while setting aside the judgment of the Madhya Pradesh High Court, held that Section 362 of the Code of Criminal Procedure, 1973, which prohibits modification of a judgment or final order, will not be applicable in an order for refusal of bail. The rationale given by the Court was that such an order has the characteristics of an interlocutory...

'Serving Personnel Can't Be Deemed To Ex-Servicemen From Future Date' : Supreme Court Rejects Army Veterans Plea For Govt Job

Serving Armed Forces officers can't be deemed to be Ex-Servicemen from a prospective date, said the Supreme Court while rejecting the claim of three appellants for appointments as Village Development Officers in the Uttar Pradesh State Service.The appellants, even while serving the Armed Forces, applied to the posts of Village Development Officers, advertised by the UP Subordinate...

Observations By Coordinate Bench No Ground To Review A Judgment : Supreme Court Lays Down 8 Principles On Scope Of Review

Observations made by a coordinate bench about a judgment cannot be a ground to review it, said the Supreme Court while dismissing review petitions filed against the 2022 judgment in State Tax Officer v. Rainbow Papers Ltd 2022 LiveLaw (SC) 743.In Rainbow Papers, a bench comprising Justices Indira Banerjee (since retired) and AS Bopanna held that a resolution plan under the Insolvency...

Witness Not Discredited By Mere Contradiction Between Testimony And Statement Given To Police : Supreme Court

The Supreme Court recently observed that a witness will not stand totally discredited merely because the testimony given during the trial contradicted the earlier statement given to the police. "No doubt statement given before police during investigation under Section 161 are “previous statements” under Section 145 of the Evidence Act and therefore can be used to cross examine a witness....

Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court

The Supreme Court on Tuesday (31.10.2023) held that a plaint cannot be rejected in part under Order VII Rule 11 of the Code of Civil Procedure, 1908. The Court also reiterated that when a plaint does not disclose a cause of action, it is liable to be rejected under Order VII Rule 11.“In simple terms, the true test is first to read the plaint meaningfully and as a whole, taking it to be...

IBC Resolution Plan Can't Ignore Government Dues : Supreme Court Dismisses Review Petitions Against 'Rainbow Papers'

The Supreme Court on Tuesday (October 31) dismissed a batch of review petitions filed against a 2022 judgment which held that the definition of a secured creditor under the Insolvency and Bankruptcy Code (IBC) 2016 included any government or governmental authority and that a resolution plan which ignored dues to the government was liable to be rejected.A bench comprising Justices AS Bopanna...

No Way To Prohibit Trading Of Electoral Bonds Since They Can Be Transferred, Says Supreme Court During Hearing [Day 1]

While hearing the batch of petitions challenging the anonymous electoral bonds scheme, the Supreme Court today commented on the lack of control over transactions involving Electoral Bonds owing to the transferability of the bonds. The Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra considered arguments raised...

'Can A Govt Sue Through Ministers?' : Supreme Court On Delhi Govt's Plea Against LG's Appointment As SWM Committee Head

The Supreme Court on Tuesday (October 31) questioned whether a government could sue or be sued through a minister, while hearing Delhi government’s plea against the appointment of Lieutenant-Governor VK Saxena as the head of a solid waste management panel.A bench of Justices Sanjay Kishan Kaul, Sudhanshu Dhulia, and Prashant Kumar Mishra was hearing a special leave petition filed by the...

Motor Accident Claims | No Right To Recovery For Insurer Merely Because Vehicle Owner Didn't Verify Driver's License : Supreme Court

The Supreme Court on Monday (30th October) held that an insurance company cannot claim that it is not liable to pay compensation in a motor vehicle accident claim just because the vehicle owner did not verify the genuineness of the driving licence of the driver employed. The Court said that the burden is on the insurance company to prove that there was a failure on the part of the vehicle...

Is Profane Language 'Obscene' & 'Sexually Explicit' As Per Sec.67/67A IT Act? Supreme Court Reserves Judgment In 'College Romance' Case

The Supreme Court on Tuesday (31.10.2023), reserved for judgment the appeal filed by the makers of the TVF web series ‘College Romance’, who had challenged the Delhi High Court order that upheld registration of FIRs against them under Section 67 and 67A of Information Technology Act,2000 for showcasing vulgar and obscene content. The matter was heard by a bench of Justice AS Bopanna...

'Atrocious' : Supreme Court Shocked By Plea Challenging Articles 20 & 22; Pulls Up Lawyers

The Court said that Advocates-on-Record can't be mere signing authorities who file petitions without examining its contents.