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According to the petitioners, the Act has led to deforestation and encroachment of forest land. On February 13, 2019, the bench of Justices Arun Mishra, Navin Sinha and Indira Banerjee had directed states to ensure the eviction of all those persons from forestland whose claims under the Forest Rights Act have been rejected. In the 13 February 2019 order, The …

The Supreme Court on Friday issued notice on the special leave petition filed by Kerala youth Thwaha Fasal, booked under the UAPA for alleged Maoist links, challenging the Kerala High Court's judgment which set aside the bail granted to him by the trial court.A bench comprising Justices Navin Sinha and Ajay Rastogi issued notice returnable within three weeks after hearing …

The Supreme Court has observed that criminal proceedings for the dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881, are "quasi-criminal" in nature.The Court also made an interesting comment that Section 138 proceedings can be called a "civil sheep" in a "criminal wolf's clothing".A bench comprising Justices RF Nariman, Navin Sinha and KM Joseph made these. The …

Bench

The Supreme Court has observed that 'malice' is not a ground to challenge a law made by legislature.The bench comprising Justices RF Nariman, Navin Sinha and KM Joseph observed in its judgment upholding the constitutional validity of Sections 3, 4 and 10 of the Insolvency and Bankruptcy Code Act 2020. The Supreme Court has observed that 'malice' is not a …

The Supreme Court has held that Cooperative Societies registered as primary agricultural credit societies are entitled to deductions under section 80P of the Income-Tax Act,even when they may also be giving loans to their members which are not related to agricultureA bench comprising Justices RF Nariman, Navin Sinha and KM Joseph set aside the judgment of Kerala High Court of …

The Supreme Court has observed that adverse inference can be drawn against a party who does not appear in person to depose.The bench comprising Justices RF Nariman, Navin Sinha and Krishna Murari observed thus while allowing appeal against the concurrent findings by the Trial Court and the High court dismissing a suit filed by plaintiff seeking the relief for permanent. …

The Supreme Court has observed that the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act are applicable to a private security agency engaged in the expert service of providing personnel to its client, if it meets the requirement of the EPF Act.The bench comprising Justices Navin Sinha and Surya Kant observed thus while dismissing an appeal filed by. …

The Supreme Court has reiterated that whatever stay has been granted by any court including the High Court on civil or criminal proceedings will automatically expire within a period of six months, unless an extension is granted for good reason within the next six months.The bench headed by Justice RF Nariman, said that the High Courts are subordinate judicially to …

Top Stories This Week:1. SC Allows NLSIU To Conduct NLAT Tomorrow, Restrains From Declaring Results And Making Admissions A Supreme Court Bench headed by Justice Ashok Bhushan has allowed the National Law School of India to conduct the Admission Test-NLAT2020 as per the scheduled on September 12. "Highest Level Expert Committee Convening Meetings & Will Take Holistic Decision In Two …

The Supreme Court has laid down the tests to determine "serious allegations of fraud" exemption to arbitrability of disputes. The bench comprising Justices RF Nariman and Navin Sinha, in a judgment delivered on Wednesday, observed: It is clear that "serious allegations of fraud" arise only if either of the two tests laid down are satisfied, and not otherwise. Countering these …

The Supreme Court has observed that considerable unexplained delay on the part of Drug authorities to test a sample can render any penalty under Drugs and Cosmetics Act, 1940, based upon the said analysis of the sample, as void. In appeal, the Apex Court bench observed that there was a considerable delay which resulted in the sample being sent and …

The Supreme Court has held that, if a plaint is returned under Order VII Rule 10 and 10A of the Code of Civil Procedure for presentation in the court in which it should have been instituted, the suit shall proceed de novo.ReferenceThe bench comprising Justice RF Nariman, Navin Sinha and Indira Banerjee were answering a reference made to it in …