Supreme court
Landowners Who Agree To Compensation Settlement Can't Later Claim Statutory Benefits : Supreme Court
Landowners who voluntarily enter into a compensation agreement under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (“Act”) cannot later invoke statutory provisions to claim additional benefits such as interest, observed the Supreme Court. “a contract voluntarily entered into between the parties, shall not be disturbed by taking recourse to the statutory...
Governor Can Reserve Bill Passed Again By Assembly For President's Assent : Supreme Court In Presidential Reference
In the opinion given in the Presidential Reference, the Supreme Court held that the Governor has the option of reserving a Bill, which has been re-enacted by the Legislature after being returned by the Governor in the first instance, for the President's assent.The Court said that the restriction as per the first proviso of Article 200 of the Constitution is on the Governor withholding the...
Governor Can't Simply Withhold Bill Without Returning It To Assembly; Allowing It Against Federalism : Supreme Court In Presidential Reference
In its opinion in the Presidential Reference, the Supreme Court has held that a Governor cannot indefinitely withhold assent to a Bill without returning it to the State Legislature. The Court ruled that such a “simpliciter” power to withhold assent does not exist under Article 200 and that any interpretation enabling a Governor to stall legislation through inaction would run contrary...
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...












