Government Policy - The Legal Chamber

Supreme Court’s New Rule: Stray Dogs Can Be Returned to Streets After Sterilization

26Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court’s New Rule: Stray Dogs Can Be Returned to Streets After Sterilization

This Supreme Court order modifies its earlier directions on stray dog management, balancing fundamental rights under Article 21 (Right to Life) with the statutory Animal Birth Control (ABC) Rules, 2023. The Court clarified that sterilized and immunized dogs must be released back to their localities as per Rule 11(19) of the ABC Rules, while allowing permanent impounding only for rabid or aggressively dangerous dogs. It issued supplementary directives, including creating designated feeding zones, and expanded the case's scope to all states and union territories for a uniform national policy. Facts Of The Case: The Supreme Court's intervention was triggered by a suo motu cognizance of a news report titled “City Hounded by Strays, Kids Pay Price,” detailing the death of a six-year-o...

Supreme Court Says Export Incentives Can’t Be Rejected on Technicalities :Substance Over Form

The Supreme Court held that an inadvertent procedural error in shipping bills, duly corrected under Section 149 of the Customs Act, cannot extinguish an exporter's substantive right to claim benefits under the MEIS scheme. The Court emphasized that beneficial export promotion policies must be construed liberally, and administrative rigidity cannot override statutory entitlements. Facts Of The Case: The appellant, an exporter of corn starch, filed 54 shipping bills electronically through a customs broker for exports made between July and October 2017. The broker inadvertently failed to change the default declaration for claiming incentives under the Merchandise Exports from India Scheme (MEIS) from “No” to “Yes”. This clerical error prevented the automatic transmission of the bill...

Public Trust Doctrine Violated in Hasty Land Allotment :Supreme Court Upholds Land Allotment Cancellation

The Supreme Court upheld the cancellation of land allotment by UPSIDC due to the allottee's persistent payment defaults and failure to fulfill contractual obligations. The Court found that UPSIDC had followed the prescribed procedure for cancellation, including issuing multiple notices. The Court also annulled a subsequent allotment of the same land, emphasizing the need for transparent and non-discriminatory allocation of public resources in line with the Public Trust Doctrine Facts Of The Case: Kamla Nehru Memorial Trust (KNMT) applied in March 2003 to purchase 125 acres of land in Uttar Pradesh for floriculture. On September 18, 2003, Uttar Pradesh State Industrial Development Corporation (UPSIDC) allotted the land, conditional upon certain terms, including a payment schedule. KNMT de...