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Partition Of Property By Metes & Bounds Not Permissible In Chandigarh; Only Solution Sale By Way Of Auction : Supreme Court
The Supreme Court recently reiterated that there can't be partition of property by metes and bounds at Chandigarh. Hence, the only resolution in a suit seeking partition of joint property is sale by way of auction.The prohibition on partition by metes and bounds is due to the Chandigarh (Sale of Sites and Buildings) Rules, 1960. Interpreting the 1960 Rules, the Supreme Court in Residents...
NGT Has Duty To Ensure Environmental Clearance Is Lawfully Granted : Supreme Court
The Supreme Court on Thursday (July 25) set aside the National Green Tribunal's (NGT) order that permitted the establishment of a Common Biomedical Waste Treatment Facility (CBWTF) in Azamgarh District, Uttar Pradesh.A bench of Justice Abhay Oka, Justice Prashant Mishra, and Justice AG Masih reinstated a plea before NGT which challenged the environmental clearance for the CBWTF on the ground...
Regular Entries In 7th Schedule Of Constitution Can't Be Given Wider Interpretation To Include Taxation Powers : Supreme Court
The Supreme Court has recently held that regular entries under List I and II of the 7th Schedule of the Constitution cannot be given a wider interpretation to include taxation powers which are covered under the domain of specific tax entries under the 7th Schedule. The 9 Judge Constitution Bench led by CJI DY Chandrachud observed this while holding that States have the power to levy tax...
Supreme Court Sets Aside Murder Conviction Of Man Jailed For Nine Years, Justice Oka Laments Systemic Delays
The Supreme Court today (July 25) acquitted a man convicted for the murder of his wife based on circumstantial evidence of last seen theory observing that the prosecution failed to prove that he was the last person seen with his wife when she was alive.After dictating the order, Justice Abhay Oka highlighted that the man has been incarcerated for nine years and remarked, “This is the problem...
Will Regulate 'Shylockian' Lenders : Supreme Court Raises Concerns Over Unlicensed Money Lending Business
The Supreme Court on Tuesday (July 23) highlighted the growing menace of unlicensed money lending leading to severe consequences for borrowers, including financial ruin and even suicide.The Court observed that the practice of lending money on interest without proper licensing and securing the loans with cheques or title deeds is not different from the business of money lending. However, under...
Why 'Royalty' Is Not 'Tax'? Supreme Court Explains
The Supreme Court, in its decision upholding the power of states to to levy tax on mineral rights, observed that royalty set under S.9 of the Mines and Minerals (Development and Regulation) Act 1957 (MMDR Act) does not qualify as tax.A 9-judge Constitution Bench (by 8:1 majority) held that royalty on a mining lease is a contractual payment given by the lessee to the lessor of the mineral...
States' Taxation Powers Must Be Protected From Unconstitutional Interference By Parliament: Supreme Court On 'Fiscal Federalism'
""Any dilution in the taxing powers of the State legislatures will necessarily impact their ability to raise revenues, which in turn will impede their ability to deliver welfare schemes and services to the people."
Supreme Court Issues Notice On MLA Abbas Ansari's Bail Plea In Case Over Alleged Illegal Meetings With Wife In Jail
The Supreme Court today issued notice on Uttar Pradesh MLA Abbas Ansari's plea seeking bail in a case involving allegations that his wife made unrestricted visits to him in Chitrakoot jail and he used her mobile phone to threaten witnesses and officials.A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan passed the order, calling for the UP government's response on Ansari's...
Supreme Court Asks Centre To Submit Policy Decisions Taken To Promote Electric Vehicles
The Supreme Court on Monday (July 22) granted the Centre four weeks to file a counter affidavit along with all policy decisions taken by the Centre from time to time to promote electric vehicles.The development happened in a PIL seeking the promotion and implementation of electric vehicle policies.A bench of Justice Surya Kant and Justice Ujjal Bhuyan also requested Senior Counsel...
Swati Maliwal Assault Case: Bibhav Kumar Approaches Supreme Court Against Delhi HC Order Denying Bail
In a latest development, Delhi Chief Minister Arvind Kejriwal's close aide Bibhav Kumar has approached the Supreme Court against Delhi High Court's denial of bail in the Swati Maliwal assault case.It may be recalled that an FIR was registered against Kumar on the written complaint of Aam Aadmi Party's Rajya Sabha MP Swati Maliwal, who alleged that Kumar assaulted her when she went to...
GM Mustard Case | Justice Nagarathna Flays Failure To Make Biosafety Dossier Public, Says Right To Environmental Information Affected
Recently, Justice BV Nagarathna has upheld the right to a safe and healthy environment as a part of Article 21 by reiterating its existing jurisprudence, including in Virender Gaur vs State of Haryana (1995), where the right to life was expanded to include the hygienic environment as an integral facet of the right to a healthy life and which puts a duty on the State to maintain...
Supreme Court Criticizes Maharashtra Govt For Allocating Notified Forest Land As Compensation For Illegal Property Acquisition
While hearing the TN Godavarman case, an omnibus forest protection matter, the Supreme Court recently pulled up Maharashtra state authorities for allotting a notified forest land to a person as compensation for illegally taking away another property of his. Taking note of the fact that the applicant succeeded in all litigations against the state upto the Supreme Court, and the alternate...