Supreme court
No Requirement To Publish Entire Environmental Clearance In Newspaper : Supreme Court
The Supreme Court on Wednesday (November 19) observed that there's no requirement to publish entire Environmental Clearance (“EC”) in the local daily newspaper, and “it will be sufficient compliance, if the project proponent publishes the grant of the EC, and indicates therein the substance of the conditions and safeguards.”A bench of Justices PS Narasimha and Atul S Chandurkar made...
Assignment Of Decree For Specific Performance Of Agreement To Sell Doesn't Require Registration : Supreme Court
The Supreme Court on Wednesday (November 19) held that a decree for specific performance of an agreement to sell can be validly assigned without registration, emphasising that such decrees do not themselves create any proprietary interest that would trigger the requirement of compulsory registration. “when the decree itself which is for specific performance does not create or purport to...
Re-enactment Of Struck Down Provisions Shows Form Of Administration Is Inconsistent With Spirit Of Constitution : Supreme Court On Tribunal Reforms Act
While striking down the Tribunal Reforms Act, 2021, the Supreme Court made a scathing criticism of the re-enactment of the very same provisions, which were earlier struck down by the Court. This, the Court said, showed that the "form of the administration” was inconsistent with the spirit of the Constitution.The judgment authored by Chief Justice of India BR Gavai referred to the famous...
Supreme Court Directs Union Government To Establish National Tribunals Commission Within 4 Months
In a significant push for institutional reform, the Supreme Court has directed the Union Government to constitute a National Tribunals Commission (NTC) within four months, underscoring that the executive has a constitutional obligation to set up the body as repeatedly mandated in earlier judgments.A bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran passed the...
'Municipality Can't Compel Commercial Use Of Floor To Permit Reconstruction' : Supreme Court Imposes Rs 10 Lakh Cost On Delhi Civic Body
The Supreme Court ordered South Delhi's Municipal Body (now Municipal Corporation of Delhi) to grant Rs. 10 Lakh compensation for harassing a family for over 15 years by refusing permission to rebuild their 85-year-old dilapidated house.The respondents sought to demolish an eighty-five-year-old dilapidated house at Darya Ganj, New Delhi and construct a new residential house. Plans were...
Supreme Court Urges Hindu Women To Make Wills; Mandates Pre-Litigation Mediation In Succession Of Childless Wives Dying Intestate
The Supreme Court on Wednesday urged all women, especially Hindu women who may leave behind property after their death, to make a will to ensure that their property is distributed according to their wishes and to avoid future litigation between their parents and in-laws.“we appeal to all women and particularly all Hindu women irrespective of their age who are likely to be in position of...
No Quota For Judicial Officers In District Judge Posts : Supreme Court Issues Guidelines On Seniority In Higher Judicial Service
The Supreme Court on Wednesday ruled out any special quota/weightage for promotee judges in the posts of District Judges, observing that there is no nationwide pattern of disproportionate representation of direct recruits in the Higher Judicial Service.The Court observed that a perceived feeling of "heartburn" among judicial officers cannot justify the creation of any artificial...
