Trace Your Case

Menu

Author: admin

Categories
Introduction and Principles of Environmental Protection

Electro steel Steels Limited v. Union of India 2021 INSC 859

ISSUE:

Whether the grant of ex post facto Environmental Clearance (EC) is permissible under environmental jurisprudence and its implications on compliance with environmental norms?

Whether the principle of proportionality applies to decisions involving the regularization of projects with technical environmental violations?

Whether industries with technical irregularities but adhering to environmental norms should face closure, balancing economic and environmental considerations?

RULE:

Ex Post Facto Environmental Clearance: Such clearances are generally impermissible but may be granted in rare, exceptional cases where strict environmental compliance is demonstrated and livelihood considerations are significant.

Principle of Proportionality: Decisions must balance sustainable development, intergenerational equity, and economic factors, ensuring adherence to environmental norms and legislative policy.

Subscribe to Read More.
Join Now
Already a member? Log in here
Categories
External Aids to Interpretation

State of Mysore v. RV Bidap AIR 1973 SC 2555

ISSUE:

Whether a person appointed as chairman can hold office till retirement in which respondent retiring after six years of his service?

Whether Courts can rely on external materials, such as parliamentary debates or press discussions while interpreting a Statute?

RULE:

Courts should interpret statutes to align with legislative intent, especially if literal meanings undermine institutional stability.

Terms must be contextually interpreted, respecting distinct roles to prevent restrictive applications against framers’ purpose.

Subscribe to Read More.
Join Now
Already a member? Log in here
Categories
Presumptions

Nalinakhya Bysack v. Shyam Sunder Haldar and Ors. AIR 1953 SC 148

ISSUE:

Whether the term "decree for recovery of possession" under Section 18(1) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, includes an "order for possession" made under Chapter VII of the Presidency Small Cause Courts Act, 1882?

Whether Section 18(1) of the 1950 Act applies to orders for possession issued under Section 43 of the Presidency Small Cause Courts Act, 1882, given the distinction between orders and decrees?

RULE:

Courts must interpret laws strictly based on clear language and cannot assume legislative errors.

The marginal note to a section of an Act cannot control or alter the clear and unambiguous meaning of the language in the body of the section.

Subscribe to Read More.
Join Now
Already a member? Log in here
Categories
External Aids to Interpretation

M.V. Elisabeth V. Harwan Investment & Trading Pvt. Ltd. AIR 1993 SC 1014

ISSUE:

Whether the Andhra Pradesh High Court possesses admiralty jurisdiction to entertain a suit against a foreign vessel?

RULE:

The statutes should be so construed that the absence of a provision conferring jurisdiction may not prevent people from accessing the court to seek justice for their grievances.

Subscribe to Read More.
Join Now
Already a member? Log in here
Categories
Presumptions

Abdur Rahim v. Syed Abu Mahomed Barkat Ali Shah AIR 1928 PC 16

ISSUE:

Whether the suit was maintainable without the sanction of the Advocate General under Section 92 of the CPC?

Whether the suit was barred by the rule of res judicata under Section 11 of the CPC?

Whether the compromise decree in the earlier suit was binding on the public regarding the wakf property?

RULE:

The interpretation of a statute should begin with the plain meaning of its words, without reference to the prior state of law or the English law it may be based upon. However, when a legislative amendment aims to make substantial changes to the pre-existing law, the prior legal context must be considered to determine whether the language of the statute supports the intended change.

A suit under Section 92 CPC requires the sanction of the Advocate General only if it seeks reliefs specified in Subsection (1).

The rule of res judicata applies to representative suits, but only if the suit maintains its original representative nature.

A decree passed by consent in a representative suit binds only consenting parties, not the public at large.

Subscribe to Read More.
Join Now
Already a member? Log in here
Categories
Nature ad functions of criminal procedure Uncategorized

Harpal Singh Chauhan v. State of U.P. AIR 1993 SC 2436

ISSUE:

Whether non-preparation of a panel of names for appointment as Public Prosecutors/ Additional Public Prosecutors under Section 24 of the Code of Criminal Procedure, 1973 (“Code”) is a curable defect?

Whether general comments as to the non-suitability of certain persons for appointment to the post of Public Prosecutors/ Additional Public Prosecutors, satisfies the requirement of Section 24(4) of the Code?

Whether judicial review of appointment of advocates as District Government Counsels is permissible, and to what extent?

RULE:

For appointing Public Prosecutors/ Additional Public Prosecutors, the District Magistrate must necessarily prepare a panel of suitable names in consultation with the Sessions Judge.

Vague and general comments against the suitability of persons to be appointed to the post of Public Prosecutor/ Additional Public Prosecutor, does not satisfy Section 24 of the Code.

Effective consultation between District Magistrate and Sessions Judge is required for appointing Public Prosecutors and Additional Public Prosecutors under Section 24(4) of the Code.

While judicial review is permissible and the Courts can examine whether there was any infirmity in the decision-making process, Courts cannot substitute itself over the final decision of the authority vested with the decision-making power.

Subscribe to Read More.
Join Now
Already a member? Log in here
Categories
Introduction and Principles of Environmental Protection

T.N. Godavarman Thirumulpad v. Union of India & Ors. AIR 1998 SC 769

ISSUE:

Whether large-scale unauthorized and illicit felling of trees in government and council forests violated the Forest (Conservation) Act, 1980, and required immediate intervention to safeguard forest resources?

Whether the proliferation and unregulated operation of wood-based industries in the North-Eastern states contributed to forest degradation and needed stricter regulatory measures, including relocation and compliance with sustainable forest management practices?

Whether the state governments and enforcement agencies failed to ensure compliance with existing forest laws, necessitating enhanced monitoring and enforcement frameworks?

RULE:

Public Trust Doctrine: Forests are public assets held in trust by the state, requiring their conservation for the benefit of present and future generations.

Sustainable Development Principle: Economic activities, including timber trade and industries, must align with environmental protection and sustainable forest management practices.

Subscribe to Read More.
Join Now
Already a member? Log in here
Categories
Nature ad functions of criminal procedure

Iqbal Ismail Sodawala v. State of Maharashtra 1975 (3) SCC 140

ISSUE:

Whether Session Judge’s failure to sign the judgement resulted in a failure to justice and vitiated the whole trial?

RULE:

If there is a substantial compliance with the requirements of law, a mere procedural irregularity would not vitiate the trial unless the same results in miscarriage of justice.

Subscribe to Read More.
Join Now
Already a member? Log in here
Categories
Res sub-judice, res judicata, caveat, and restitution

Nirmal Chandra Dutta v. Girindra Narayan Roy AIR 1978 Cal 492

ISSUE:

Whether a person is entitled to lodge a caveat under Section 148-A of the Code of Civil Procedure, 1908 (“CPC”), without specifying the relevant application and the right under which he appears before the court?

Whether the assumption of service of notice of requisition under Section 3 of the Land Acquisition Act, 1947 (“LA Act”), without verification, is valid for the purposes of adjudication in execution proceedings?

RULE:

Under Section 148-A of the CPC, any person who claims a right to appear in a hearing of an application in a suit or proceeding may lodge a caveat. However, the caveator must specify the nature of the application, the person expected to file it, and their right to appear.

Any service of notice under statutory provisions must be duly verified, and an assumption of such service cannot form the basis of adjudication without proper inquiry.

Subscribe to Read More.
Join Now
Already a member? Log in here
Categories
Res sub-judice, res judicata, caveat, and restitution

Devi Lal Modi v. STO AIR 1965 SC 1150

ISSUE:

Whether the doctrine of constructive res judicata is a bar to consecutive writ petitions attacking the validity of the same order?

RULE:

According to the rule of constructive res judicata, a party cannot file a subsequent writ petition with additional grounds not raised in the prior petition.

Subscribe to Read More.
Join Now
Already a member? Log in here