Supreme Court - The Legal Chamber

Supreme Court Upholds Mandatory District Survey Report for Sand Mining: Draft DSR Not Valid

9May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Mandatory District Survey Report for Sand Mining: Draft DSR Not Valid

The Supreme Court upheld the National Green Tribunal’s quashing of a sand mining e-auction, ruling that only a final, valid District Survey Report (DSR) permits environmental clearance. It reinforced mandatory DSR compliance under EIA Notifications, stressing strict adherence to environmental regulatory frameworks and prohibiting reliance on draft DSRs. Facts Of The Case: The case arose when the District Magistrate of Saharanpur, Uttar Pradesh, issued an e-auction notice dated 13.02.2023 for sand, gravel, and boulder mining in the riverbeds under the U.P. Sub Mineral (Remedy) Rules, 2021. Gaurav Kumar, a resident of Haryana, challenged this notice before the National Green Tribunal (NGT), arguing that the auction was illegal as there was no valid District Survey Report (DSR) at the time....

Supreme Court Upholds Quashing of 498A Case Against In-Laws : Calls It ‘Abuse of Process'”

9May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Quashing of 498A Case Against In-Laws : Calls It ‘Abuse of Process'”

The Supreme Court dismissed a Special Leave Petition challenging the High Court's quashing of criminal proceedings under Sections 498A, 325, 506 IPC and Dowry Prohibition Act. The Court upheld the invocation of Section 482 CrPC, finding the complaint contained material inconsistencies and amounted to an abuse of process, while emphasizing the need for cautious scrutiny of matrimonial cases involving extended family members. The judgment reaffirmed judicial discretion to prevent misuse of criminal proceedings in family disputes. Facts Of The Case: The petitioner, Disha Kapoor, filed a criminal complaint under Section 156(3) CrPC against her husband and nine relatives, including in-laws and extended family members, alleging offenses under Sections 498A (cruelty), 325 (voluntarily causing g...

Supreme Court Upholds Higher Compensation for Loss of Income in Road Accident Claim

9May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Higher Compensation for Loss of Income in Road Accident Claim

The Supreme Court enhanced compensation for a road accident victim with 50% disability, revising multiple heads under the Motor Vehicles Act. It increased future income loss by applying a 40% future prospects multiplier and upheld medical expense reimbursement with additional allowances. The judgment reaffirmed principles from Pranay Sethi and Ramachandrappa, ensuring just compensation with 9% interest. Facts Of The Case: The case involves M. Seetharama, a 38-year-old man who suffered severe injuries in a road accident on 25.06.2015 when his bike collided with a rashly driven jeep. An FIR was registered against the jeep driver, confirming negligence. Seetharama sustained multiple fractures, including in his right femur, clavicle, tibia, and fibula, leading to vascular compromise and even...

“‘No Valid Title, No Relief’ : Supreme Court Rules Against Fraudulent Land Transfers, Upholds State’s Vesting Rights

8May

By The Legal ChamberNo Comments

Supreme Court

“‘No Valid Title, No Relief’ : Supreme Court Rules Against Fraudulent Land Transfers, Upholds State’s Vesting Rights

The Supreme Court ruled that unregistered agreements of sale and subsequent revalidations cannot confer valid title under the Registration Act, 1908, emphasizing that only registered deeds of conveyance transfer immovable property rights. It upheld the State's statutory vesting of land under land reform laws, rejecting claims based on fraudulent documents and unproven possession. The judgment clarified that interim court orders cannot establish lawful possession, and discretionary writ relief under Article 226 is unavailable where title is suspect. The Court reaffirmed the principles from Suraj Lamp regarding invalid "GPA sales" while preserving the State's right to initiate proceedings under land ceiling laws. Facts Of The Case: The case involved a dispute over 53 acres of land in...

Supreme Court Mandates Full Document Disclosure by Enforcement Directorate at Complaint Stage, Strengthens Fair Trial Rights

8May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Mandates Full Document Disclosure by Enforcement Directorate at Complaint Stage, Strengthens Fair Trial Rights

The Supreme Court ruled that accused persons in PMLA cases have the right to receive copies of all documents seized during investigation, including those not relied upon by the Enforcement Directorate. The judgment clarified that this right flows from Sections 207/208 CrPC principles and is essential for ensuring fair trial rights under Article 21. The Court held that while documents can be restricted during ongoing investigations, accused are entitled to full disclosure at later stages, especially when facing the reverse burden of proof under Sections 24 and 45(1)(ii) of PMLA. The decision balances investigative needs with constitutional protections. Facts Of The Case: The case involved two criminal appeals concerning the rights of accused persons under the Prevention of Money Launderin...

Supreme Court Grants Pension to Schizophrenia-Affected Veteran, Criticizes Flawed Medical Process

8May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Grants Pension to Schizophrenia-Affected Veteran, Criticizes Flawed Medical Process

The Supreme Court held that denial of disability pension based on a Medical Board's unreasoned opinion violates Regulation 423 of the Medical Services Regulations, which mandates detailed reasoning for attributability/aggravation findings. The Court emphasized strict compliance with procedural safeguards for service-linked disabilities and ruled that conclusory medical opinions without justification cannot deprive veterans of pensionary benefits. Liberal interpretation of beneficial provisions was underscored, with the burden shifting to authorities when discharge is initiated institutionally. The judgment reinforces the statutory requirement of causal connection between service conditions and disability, while mandating reasoned analysis from medical authorities. Facts Of The Case: The ...

Supreme Court Clarifies Jurisdiction Over Bank Guarantees in Section 9 Arbitration Petitions

7May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Clarifies Jurisdiction Over Bank Guarantees in Section 9 Arbitration Petitions

The Supreme Court upheld the High Court's interim order restraining encashment of a bank guarantee during pending Section 9 arbitration proceedings under the Arbitration Act. The Court emphasized that judicial interference with bank guarantees is permissible only to prevent irretrievable injustice, while leaving open questions regarding maintainability of Article 227 petitions against interlocutory orders in arbitration matters. The ruling preserves the arbitral process by directing the Commercial Court to decide the Section 9 petition within eight weeks, subject to continued extension of the bank guarantee validity. The judgment balances contractual sanctity of bank guarantees with equitable considerations in ongoing arbitration. Facts Of The Case: Jindal Steel & Power Ltd. awarded ...

Supreme Court Clarifies IBC Appeal Deadlines: No Delay Condonation Beyond 45 Days

7May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Clarifies IBC Appeal Deadlines: No Delay Condonation Beyond 45 Days

The Supreme Court held that appeals under Section 61(2) of the Insolvency and Bankruptcy Code (IBC) must strictly adhere to the 30-day limitation period, extendable by only 15 days upon showing "sufficient cause." The NCLAT cannot condone delays beyond this 45-day window, as the IBC’s time-bound framework overrides equitable considerations. Facts Of The Case: Tata Steel’s resolution plan for Rohit Ferro-Tech Ltd. was approved by the NCLT on 07.04.2022. Respondent No. 1, a minority shareholder, filed an appeal before the NCLAT on 23.05.2022 (e-filing) and 24.05.2022 (physical filing), seeking condonation of a 15-day delay. The NCLAT allowed the delay, citing Section 4 of the Limitation Act, 1963, as the 30-day period ended on a court holiday (08.05.2022, a Sunday). Tata Steel challenged t...

Supreme Court Upholds ‘Belting Method’ : Orders Equal Compensation for Adjacent Villages in Haryana Land Acquisition Case

7May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds ‘Belting Method’ : Orders Equal Compensation for Adjacent Villages in Haryana Land Acquisition Case

The Supreme Court ruled that adjacent villages with similar locational advantages must receive equal compensation in land acquisition cases, rejecting artificial disparities. It upheld the "belting method" for valuation but emphasized parity between villages Kukrola and Fazalwas near NH-8. The Court affirmed 10% annual escalation on sale exemplars and disallowed development cuts for highway-adjacent "inner belt" lands, while maintaining 30% cuts for interior plots. The judgment reinforces equitable compensation principles under the Land Acquisition Act, 1894. Facts Of The Case: The case arose from land acquisition proceedings initiated by the Haryana government in 2008 for developing the Chaudhary Devi Lal Industrial Model Township near Gurgaon. A common Section 4 notification under the ...

Supreme Court Rules on Seized Sonography Machine: Order to Unseal Medical Equipment Despite Pending Appeal

7May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules on Seized Sonography Machine: Order to Unseal Medical Equipment Despite Pending Appeal

The Supreme Court upheld the Gujarat High Court's order directing the release of a seized sonography machine, despite pending appeals under the PC & PNDT Act. The Court ruled that indefinite sealing of equipment is unjustified after the accused's acquittal, balancing investigative needs with the respondent's right to livelihood under Section 451 CrPC. It clarified that Section 29 of the Act does not mandate perpetual preservation of seized property during protracted litigation. The judgment emphasized pragmatic disposal of case property while safeguarding evidentiary interests through conditional data retrieval. Facts Of The Case: The case originated from a 2009 sting operation where respondent Dr. Kaushik Babulal Shah, a radiologist, was accused of violating the PC & PNDT Act by...