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Electricity Act | Regulatory Commission Can Take Into Account Govt Grant While Determining Tariff : Supreme Court
While the State Electricity Regulatory Commission shall consider policy incentives in tariff setting, they must not mechanically deduct them in a way that defeats their purpose, the court observed.
'Equity Must Guide Environmental Justice': Justice BV Nagarathna Delivers 4th S.B. Sinha Memorial Lecture
Justice B.V. Nagarathna on Saturday emphasised the need to integrate equity and fairness into environmental justice, noting that environmental harms are not evenly distributed and disproportionately impact the poor and marginalised.“Environmental harms are rarely distributed evenly. Instead, they disproportionately affect the poor and marginalised, especially in the State of...
Former Calcutta High Court Judge Included In West Bengal SIR Supplementary List After Initial Omission
Former Calcutta High Court judge Sahidullah Munshi and his family member's names have recently been included in the supplementary list for the West Bengal Special Intensive Revision (SIR) exercise being conducted by the Election Commission of India (ECI) ahead of the West Bengal State Assembly Polls to be held in April-May.This comes days after the former judge had flagged his and his...
"Abuse Of Process": Bombay High Court While Dismissing Plea Against Adani Green Energy In 'Bribery' Case
In a major respite for Adani Group's— Adani Green Energy Ltd., the Bombay High Court on Friday (March 27) dismissed a plea which sought a probe by the Central Bureau of Investigation (CBI) into the allegations made against the company for allegedly paying crores of bribes to secure solar power contracts across several States in India. A division bench of Chief Justice Shree Chandrashekhar...
Dismissal Of Suit For Default Not Res Judicata, But Party May Still Be Denied Relief For Abandoning Earlier Proceedings : Supreme Court
A litigant who elects not to pursue a claim cannot be permitted to revive the same dispute at a later stage, particularly in collateral proceedings, the Court stated.
Sabarimala Reference | Courts Should Not Determine Essential Religious Practices : All India Muslim Personal Law Board Tells Supreme Court
The All India Muslim Personal Law Board (AIMPLB) has told the Supreme Court that courts should refrain from determining what constitutes an “essential religious practice”, cautioning that such judicial scrutiny may amount to encroachment upon the freedom of religion guaranteed under Articles 25 and 26 of the Constitution.In its written submissions filed in the Sabarimala reference case,...
Plea Moved In Supreme Court Against Anticipatory Bail To Swami Avimukteshwaranand In POCSO Case
A Special Leave Petition has been moved in the Supreme Court challenging the Allahabad High Court's March 25 order granting anticipatory bail to Swami Avimukteshwaranand Saraswati in the Prayagraj POCSO Case over alleged sexual abuse of minors.Ashutosh Brahmachari, the first informant in the case, has filed the petition through AOR Saurabh Ajay Gupta, arguing that the High Court failed...
Wrong To Claim One Religion As 'Only True Religion' As It Disparages Other Faiths: Allahabad HC Refuses To Quash 295A IPC Case
The Allahabad High Court has observed that it is 'wrong' for any person to claim in secular India that a particular religion is the "only true religion", as doing so implies a 'disparagement' of other faiths and the same prima facie attracts Section 295A IPC. A bench of Justice Saurabh Srivastava observed thus while dismissing a quashing petition filed by Reverend Father Vineet...
'Respect For Higher Courts' Orders A Basic Principle' : Supreme Court Rebukes Rent Authority For Revisiting Eviction Order Affirmed By SC
The Supreme Court has censured a Rent Control Authority in Uttar Pradesh for disregarding its order affirming the tenant's eviction by reopening the matter on the tenant's application, despite the proceedings having already attained finality. A bench of Justices Sanjay Karol and N. Kotiswar Singh was dealing with a case where, despite the tenant's eviction attaining finality, having...
Omission To Sign Order Sheet On Framing Charges Won't Vitiate Trial, When Charges Were Read Over To Accused : Supreme Court
The Supreme Court has observed that the absence of a signature on the charge-framing order sheet is a curable procedural defect and does not vitiate the trial, particularly where the accused was duly informed of and understood the charges against them. “…the defect relating to the absence of signature on the charge does not constitute an illegality. It is, at best, a curable...