No Mining Activity Within ESZ Even If Eco-Sensitive Zone Is More Than 1 Km From Protected Forest : Supreme Court Clarifies

On 28th April, 2023, the Supreme Court clarified its order dated 26th April 2023, wherein it stated that its previous order mandating a 1 km Eco-Sensitive Zone (ESZ) around protected forests would not be applicable to the ESZs in respect of which a draft and final notification has been issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC) and in respect of the...

Supreme Court Sets Aside Magistrate's Order Directing Police Investigation Into Allegation Of Rape Against BJP Leader Kailash Vijayvargiya

After almost 17 months since the verdict was reserved, the Supreme Court on Thursday set aside an order by a magistrate in Kolkata directing a police investigation into an allegation of rape and criminal intimidation against BJP national general secretary Kailash Vijayvargiya, RSS member Jisnu Basu and suspended BJP leader Pradeep Joshi. Besides quashing this order, the top court directed...

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC

“In the exercise of this wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. The saving of the High Court's inherent powers, both in civil and criminal matters, is designed to achieve...

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court

The Supreme Court has held that in order to suspend the substantive order of sentence under Section 389 of the Criminal Procedure Code, there ought to be something apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable. It also added that at the stage of Section 389 CrPC, the Appellant...

Section 140(5) Companies Act 2013 Is Constitutional; Resignation Of Auditor Won't End Proceedings Under Sec 140(5) : Supreme Court

The Supreme Court upheld the constitutional validity of Section 140(5) of the Companies Act, 2013 and held that that the provision is "neither discriminatory, arbitrary and/or violative of Articles 14, 19(1)(g) of the Constitution of India". The bench of Justices M R Shah and M M Sundresh further observed that the application/proceedings under section 140(5) is maintainable even after...

Supreme Court Sets Aside HC Direction To Increase Retirement Age Of Anganwadi Workers As 65 Years In Tripura

The Supreme Court recently set aside a judgment of the Tripura High Court which directed the State Government to raise the retirement age of Anganwadi workers from 60 years to 65 years.A bench comprising Justices Dinesh Maheshwari and Ahsanuddin Amanullah found fault with the High Court for issuing a mandamus to the State Government to change its policy regarding the retirement age of...

Can't Direct That 50% HC Judges Should Be From District Judiciary; But At Least 1/3rd Should Be From Judicial Services : Supreme Court

The Court further said that HCs should take steps to fill up vacancies in judicial quota before they arise, as the judges from service normally get short tenure.

Supreme Court Weekly Digest April 2023 (Citations 308 - 336) Part 3 [April 17 – 23, 2023]

SUBJECT WISE INDEXAdvocates StrikesThe Supreme Court requested all high courts to constitute grievance redressal committees comprising the chief justice and two other senior judges, one from the Bar and another from services to avert lawyers' strikes. District Bar Association Dehradun v. Ishwar Shandilya, 2023 LiveLaw (SC) 331ArbitrationSupreme Court deprecates practice of filing applications...

Supreme Court Directs To Send Sessions Judge For Training As He Was Not Following Judgments On Bail

While considering compliance of its directions in Satender Kumar Antil v. CBI, the Supreme Court, on Tuesday, from illustrative cases mentioned by the Amicus Curiae, Amicus Curiae Siddharth Luthra identified a Judge of a Sessions Court in Lucknow, who the bench felt that should be sent to the judicial academy for upgradation of his skill. It asked the Allahabad High Court to do the needful...

Arbitration: Supreme Court Upholds Rejection Of S. 8 Application Since Cause Of Action Went Beyond Transaction Containing Arbitration Agreement

The Supreme Court has upheld the decision of the Gujarat High Court where it had upheld the rejection of an application filed under Section 8 of the Arbitration and Conciliation Act, 1996 (A&C Act) in a commercial civil suit, noting that the cause of action of the suit went beyond the transaction containing the arbitration agreement.The bench of Justices Dinesh Maheshwari and Sudhanshu...

S. 52A Of Wakf Act Cannot Be Apply To Tenants Who Took Possession Before Enactment Of This Provision : Supreme Court

The Supreme Court has held that criminal proceedings under Section 52A of the Wakf Act 1995 cannot be maintained against persons who were in possession of the Wakf property when the said provision was introduced in 2013 and continue to remain in possession after the expiry of lease, contesting civil proceedings for eviction."Section 52A cannot cover cases where leases of wakf properties...

Onus To Prove Adverse Possession Shifts To Defendants, Once Title Is Upheld In Plaintiff's Favour In Earlier Suit Between Same Parties : Supreme Court

The Supreme Court Bench comprising of Justice Rajesh Bindal and Justice Aravind Kumar, while adjudicating an appeal filed in Prasanna and Others V Mudegowda (D) By LRs, has held that the onus to prove acquisition by adverse possession shifts on the defendant, once the title of the property has been upheld in the name of Plaintiff by a judgment/decree in an earlier suit between the same...