“WE EAGERLY GET HOLD OF A LAW THAT SERVES AS A WEAPON TO OUR PASSIONS.”
ENVIRONMENT
Alembic Pharmaceuticals Ltd v. Rohit Prajapati & Ors
‘Ex post facto’ environmental clearance unsustainable in law – Supreme Court
The Supreme Court reiterated that the concept of “ex post facto” environmental clearance is contrary to the fundamental principles of environmental jurisprudence.
The Court observed that environmental law cannot recognize post facto environmental clearances as it would violate the precautionary principle and the doctrine of sustainable development.
The Bench upheld the National Green Tribunal’s order setting aside the Ministry of Environment and Forests circular dated 14 May 2002 permitting post facto environmental clearances.
The Judgement can be accessed at:
View Details
LAW OF LIMITATION
New Delhi Television Ltd v. Deputy Commissioner of Income Tax
Supreme Court quashes time-barred income tax reassessment notice issued against NDTV
The Supreme Court allowed NDTV’s appeal and quashed reassessment notices issued by the Income Tax Department seeking to reopen assessment for the financial year 2007-08.
The Court held that the reassessment notices issued in 2015 were barred by limitation and therefore unsustainable in law.
The notices had proposed substantial additions to NDTV’s income on grounds of alleged escaped assessment.
The Judgement can be accessed at:
View Details
PROPERTY
Bhagwat Sharan v. Purushottam
Burden to prove property belongs to Hindu Undivided Family lies on person asserting it – Supreme Court
The Supreme Court held that the burden of proving that a property belongs to a Hindu Undivided Family lies on the person making such an assertion.
The Court observed that mere existence of a joint Hindu family does not automatically establish that the property is joint family property.
The Bench clarified that evidence must show existence of a joint family nucleus or that the property was acquired from joint family funds.
The Judgement can be accessed at:
View Details
RIGHT TO INFORMATION
Chief Information Commission v. High Court of Gujarat and Another
Court documents must be obtained under Court Rules and not through RTI – Supreme Court
The Supreme Court held that certified copies and judicial records must be obtained through procedures prescribed under the relevant court rules and not through the Right to Information Act.
The Court approved the Delhi High Court view that where an alternate statutory mechanism exists for obtaining information, provisions of the RTI Act cannot be invoked.
The Judgement can be accessed at:
View Details
COVID-19
The Kerala High Court Advocates’ Association v. The State of Kerala
Kerala High Court directs removal of Karnataka border blockade for emergency medical cases
The Kerala High Court directed the Union Government to remove the blockade imposed at the Karnataka border to permit emergency medical travel for patients from Kerala.
The Court observed that denial of access to emergency healthcare violates the right to life under Article 21 and the freedom of movement guaranteed under Article 19(1)(d) of the Constitution.
The Judgement can be accessed at:
View Details
A K Jayasankaran Nambiar J v. Shaji P Chaly J
Kerala High Court directs monitoring of migrant labour conditions during lockdown
The Kerala High Court directed District Labour Officers and District Legal Services Authorities to jointly monitor the living conditions of migrant workers during the lockdown period.
The Court also ordered strict compliance with Supreme Court directions regarding supply of food, shelter and medical facilities to migrant labourers.
The Judgement can be accessed at:
View Details
P A Josseph v. State of Tamil Nadu & Ors
Madras High Court directs Technical Committee to consider Siddha treatment for COVID-19 patients
The Madras High Court directed a Technical Committee headed by the State Health Secretary to examine administration of Siddha medicine, including Kabasura Kashayam, for COVID-19 patients.
The petition sought consideration of Siddha treatment as a preventive and immunity-boosting measure during the pandemic.
The Judgement can be accessed at:
View Details
ML Ravi v. State of Tamil Nadu
Madras High Court calls for balanced and humane police approach against lockdown violators
The Madras High Court directed the State Government to file a report regarding action taken against lockdown violations.
The Court emphasized the need for a balanced and humane approach by law enforcement authorities while implementing lockdown restrictions.
The Bench also permitted appointment of nodal officers to issue permissions for urgent public requirements.
The Judgement can be accessed at:
View Details
N Prakash v. State of Kerala & Others
Choice to rear pets forms part of right to privacy under Article 21 – Kerala High Court
The Kerala High Court observed that an individual’s choice to rear pets forms part of the fundamental right to privacy protected under Article 21 of the Constitution.
The Court permitted the petitioner to travel during lockdown to purchase a specific brand of food for his pet cats.
The Bench linked personal dietary preferences, pet ownership and related lifestyle choices with constitutional privacy rights.
The Judgement can be accessed at:
View Details
Supreme Court issues directions for video conferencing in courts during COVID-19 lockdown
Supreme Court authorises virtual court functioning across India during lockdown
The Supreme Court issued comprehensive directions for implementation of video conferencing facilities across all courts in India during the COVID-19 lockdown.
The Court observed that access to justice must continue while maintaining social distancing and public health safeguards.
The Bench authorised High Courts and subordinate courts to adopt appropriate video conferencing systems and directed establishment of helplines for technical assistance.
The Court also clarified that evidence through video conferencing should ordinarily require consent of parties until formal rules are framed.
The Directions can be accessed at:
View Details
Court on its own motion v. State of Jharkhand & Anr
Jharkhand High Court directs State to seek additional medical kits from Centre
The Jharkhand High Court directed the State Government to approach the Central Government for additional medical equipment and kits required to combat the spread of COVID-19.
The Court issued the direction in view of the growing public health requirements during the pandemic.
The Judgement can be accessed at:
View Details
