Pollution and Environmental Concerns – Addressing air pollution in Delhi NCR due to heavy traffic at the ICD, Tughlakabad – Initial application by the former Executive Director of Central Warehousing Corporation to the NGT under National Green Tribunal Act, 2010 – Seeking redirection of traffic and adoption of cleaner fuel vehicles. [Paras 1-2]
NGT Orders and Appeal ...
Genuineness of Execution of Will: Under Section 68 of the Indian Evidence Act, 1872, the genuineness of a Will's execution must be established without considering whether the distribution by the testator was fair and equitable among all children. The Court should not apply Article 14 to dispositions under a Will.
Suspicious Circumstances – High Court's Findings: Th...
Development Plan for Shimla Planning Area – NGT Orders Quashed – The Supreme Court set aside NGT’s orders dated November 16, 2017, July 16, 2018, May 12, 2022, and October 14, 2022. The orders were regarding the draft development plan for Shimla Planning Area and were found to overstep NGT’s jurisdiction and its role in legislative policy-making [Paras 1-128].
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Lease Renewal Dispute – Original lease from 1905 renewed in 1944 expired in 1965 – Lease renewal application made in 1972 by Nalininath Mitra not adjudicated upon till initiation of resumption proceedings in 1975 due to reported dilapidation and unauthorized occupation – Resumption order issued by Collector in 1975 based on non-compliance with lease conditions including non-payme...
Revisional Jurisdiction under Waqf Act – Section 83(9): Subsection (9) of Section 83 of the Waqf Act confers a narrower revisional jurisdiction on the High Court compared to the jurisdiction of an appellate court. The High Court, in exercising this revisional jurisdiction, must not re-appreciate evidence or decide issues beyond the scope of revision.
High Court’s Fin...
Municipal Law – Town Planning Scheme – Land Allocation and Compensation – Appeals against the Gujarat High Court decision in Civil Appeal Nos. 16956-16957 of 2017 – Gujarat High Court upheld the Ahmedabad Municipal Corporation's decision regarding compensation and land allocation under Town Planning Scheme No. 6, Paldi, initiated under the Gujarat Town Planning and Urba...
Administrative Law – Fairness in Administrative Actions: The Supreme Court emphasized that even if the High Court found the actions of the authorities to be irregular, illegal, or perverse, such findings alone do not imply deliberate action or bad faith on the part of the Assessing Authority. It is necessary to have concrete evidence to impute motives or bad faith .
Servic...
Commercial Law – Consumer Protection – Jurisdiction and Maintainability of Consumer Complaint – Supreme Court examined whether the service obtained by the complainant (a chit fund subscriber) was for a commercial purpose, affecting the maintainability of a consumer complaint under the Consumer Protection Act, 1986. Dispute arose from the service provider stopping the chit busines...
Independence of Administrative Bodies – Autonomy and non-interference are essential for the effective functioning of administrative bodies. These bodies must be free from undue interference to carry out their specialized tasks impartially and efficiently [Para 1].
Right to Information Act – Authority to Frame Regulations – Central Information Commission (CIC) has the...
Contract Law – Neglect by Promisee: Section 67 of the Indian Contract Act, 1872, stipulates that if the promisee neglects or refuses to provide reasonable facilities for the promisor to perform the promise, the promisor is excused from non-performance. In this case, the High Court’s conclusion that the appellant abandoned the contract was erroneous. The evidence showed the respondents ...