PIL - Affidavits – Unauthorised Fees For Affidavit Photo Identification - Acceptance of Notarized Affidavits – Practice Clarified – Court held that affidavits sworn before Notary Publics appointed under the Notaries Act, 1952 are valid—Directed that all filings supported by such affidavits shall be accepted by the Registry/Stamp Reporting Section at Allahabad and Lucknow be...
Environmental Law – Classification of Zudpi Jungle as Forest – Historical Usage vs. Legal Interpretation – Forest Status Upheld – Despite historical non-forestry use and poor vegetative quality, Zudpi Jungle lands recorded as forest in revenue records must be treated as ‘forest’ for the purpose of Section 2 of the Forest (Conservation) Act, 1980 in view of the 1...
Civil Law - Industrial Land Allotment – Cancellation by UPSIDC – Appeal dismissed – Kamla Nehru Memorial Trust challenged UPSIDC’s cancellation of land allotted for floriculture – Court found that the appellant defaulted in payments, failed to execute lease deed, and did not comply with agreed conditions – UPSIDC followed due procedure including multiple legal n...
Environmental Law – Urban Redevelopment – Recreational Park vs. Historical Water Body – Appeal allowed – High Court had directed restoration of a lake allegedly obliterated due to a beautification project by MCGM – Supreme Court found no conclusive evidence that the water body was functional at the time of redevelopment – Held: Transformed urban green space offe...
Family Law – Maintenance under Section 24 Hindu Marriage Act, 1955 – Justified Quantum – Respondent-wife filed application for interim maintenance during pendency of divorce proceedings – Family Court, based on income affidavits and records, assessed husband’s monthly income at ₹47,128 and granted ₹15,000 as maintenance (₹8,000 for wife, ₹7,000 for child...
Civil Law – Matrimonial - Amendment of Pleadings – Order VI Rule 17 CPC – Belated Application – Delay Tactics Found – Amendment Set Aside – Respondent sought to amend his written statement after ten years of divorce proceedings to include a counter-claim for restitution of conjugal rights – Amendment was filed after conclusion of evidence and final hearing...
Civil Writ – Service Law - Performance Appraisal – Role of IAS Officers in IFS PAR – Government Order Quashed – Government of Madhya Pradesh issued a G.O. on 29th June 2024 allowing IAS officers to participate in the appraisal of IFS officers – Held: Such appraisal structure is contrary to Supreme Court’s binding rulings in Santosh Bharti and P.C. Wadhwa cases &...
Civil Law – Agricultural Land Transfer – Invalid Sale – Suit land originally ancestral property of plaintiff – Plaintiff, member of Co-operative Society, obtained a loan creating charge on land – Later executed registered Sale Deed dated 02.11.1971 in favour of defendant no.1 (his nephew and son-in-law) without society’s prior sanction – Same day, executed...
Taxation Law - Income Tax Search and Seizure – Challenge to Warrant of Authorization under Section 132 – Search Held Illegal – Petitioners, senior citizen promoter-shareholders of India Pesticides Ltd., challenged the validity of search and seizure operations conducted under Section 132 of the Income Tax Act, 1961 and a notice under Section 131(1A) – Petitioners contended t...
Consumer Law - Challenge To Constitutionality And Validity Of Specific Provisions Of The Consumer Protection Rules, 2020 - Consumerism and Constitutional Philosophy – Broad Interpretation of Consumer Rights – Socio-Economic Relevance Affirmed – The Court held that the concept of consumerism is constitutionally embedded within principles of equality, dignity, justice and participa...