Environmental Law – Ex post facto Environmental Clearance – Review Allowed – The Supreme Court recalled its earlier judgment in Vanashakti v. Union of India dated 16.05.2025 which had declared the 2017 Notification and 2021 Office Memorandum ultra vires – Court held that the earlier ruling failed to consider binding precedents (D. Swamy, Pahwa Plastics, Alembic, Electrostee...
Child Custody – Interim Custody – Appeal – Appellant-father challenged Family Court order granting interim custody of two minor children to respondent-mother – Alleged failure of Family Court to apply welfare principle and omission to record children’s wishes – Held: Family Court rightly prioritised emotional and psychological well-being of children over materia...
Family Law – Hindu Marriage – Divorce – Dismissal – Appeal against rejection of petition for divorce under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955 – Appellant-husband alleged cruelty and desertion by wife – Family Court held that neither cruelty nor desertion was proved – High Court affirmed the judgment – Held: No perversity in ...
Civil Law – Declaration of Ownership – Second Appeal – Plaintiffs claimed ownership of ancestral property through succession from father Swaraj – Defendants relied on sale deeds executed by sons of Swaraj during his lifetime – First Appellate Court decreed suit in favour of plaintiffs – Held: Plaintiffs not in possession of suit property at the time of suit &nda...
Commercial Courts Act – Jurisdiction – Construction and Infrastructure Contract – Commercial Dispute – Development agreement arising from a tender process for residential housing project – MOU involved construction, infrastructure, and commercial intent – Held: Dispute falls under Section 2(1)(c)(vi) of the Commercial Courts Act – Suit not maintainable bef...
Environmental Restoration – Corbett Tiger Reserve – CEC Supervision – Restitutive Principles – Polluter Pays – Precautionary Principle – Ecocentrism – Expert Committee report accepted – State of Uttarakhand directed to submit restoration plan, demolish unauthorised structures, and comply within time-bound schedule – Restoration to be supervised...
Civil Law – Suit & Counter-Claim – Common Judgment – Necessity of Separate Appeals – Failure to challenge decree in original suit renders it final – First Appellate Court’s decision in appeal against counter-claim alone held unsustainable – Res judicata, waiver and estoppel attracted – Decree in counter-claim restored [Paras 10–19].
Civi...
Arbitration – Maintainability of Section 34 Petition – MSME Award – Pre-deposit Mandatory – Petition filed to challenge MSME award without deposit of 75% of award amount at time of filing – Deposit made only on 18.06.2025, beyond 120-day limitation under Section 34(3) – Held: Petition not maintainable due to failure to comply with statutory precondition under Se...
Income Tax – Section 68 – Unsecured Loan – Identity – Creditworthiness – Genuineness – Loan of ₹10 crore received through banking channels from Shashi Foods confirmed by lender in statement during survey and in reply to notice u/s 133(6) – AO doubted creditworthiness based on enquiries into lender’s creditors and allegation of bogus purchases &ndas...
Revenue Recovery – Challenge to Auction Sale – Delay – Writ Not Maintainable – Appellant failed to invoke statutory remedies under Sections 37-A and 38 of the Tamil Nadu Revenue Recovery Act, 1864 within 30 days – Auction held on 29.07.2005 and confirmed on 23.07.2008 – Payments made during writ proceedings cannot substitute compliance with statutory procedure &...