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Supreme Court Upholds NGT Order Quashing Environmental Clearance for Peripheral Ring Road Due to Stale EIA Data. Primary Data Collected Over Three Years Before Submission Invalidates Clearance Under EIA Notification 2006.

The appeal arose from a judgment of the National Green Tribunal (NGT) dated 8 February 2019 quashing the Environmental Clearance (EC) granted to the B...

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Supreme Court Allows Bank's Appeal in Consumer Dispute Over Loan Processing Fee Refund. Bank's Circular Requiring Upfront Processing Fee Collection Held Binding on Consumer; Refund Denied to Avoid Unjust Enrichment.

The case involves a dispute between Bank of India (appellant) and M/s. Brindavan Agro Industries Pvt. Ltd. (respondent/consumer) regarding the refund ...

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Supreme Court Allows Appeal in TADA Case Due to Non-Compliance of Section 20A(1) — Prior Approval of DSP Mandatory. The Court held that recording of information under TADA without prior approval of the District Superintendent of Police vitiates the entire proceedings, and the defect is not curable.

The appeal arose from an order of the Designated TADA Court dismissing the appellants' application for discharge on the ground of non-compliance with ...

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Supreme Court Allows Municipal Council's Appeal in Land Allotment Dispute — Sanction of State Government Required Under Section 109 of Madhya Pradesh Municipality Act, 1961. High Court Erred in Quashing Collector's Order Without Considering Mandatory Previous Sanction.

The Supreme Court allowed the appeals filed by the Municipal Council, Neemuch, against the judgment of the Madhya Pradesh High Court which had quashed...

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Supreme Court Dismisses Appeal of BSNL Officers Seeking Sanction Under Section 197 CrPC for Prosecution Under Maharashtra Private Security Guards Act. Protection under Section 197 CrPC not available to employees of public sector corporations even if they are 'public servants' under Section 21 IPC.

The Supreme Court dismissed an appeal by Bharat Sanchar Nigam Limited (BSNL) and its officers against the rejection of their challenge to prosecution ...

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Bombay High Court Allows Builders' Challenge to NMC's Refusal to Sanction Building Plans Based on Deemed Sanction Under Section 45(4) of MRTP Act. Court holds that failure to communicate objections within prescribed period results in deemed sanction, and subsequent refusal is invalid.

The judgment concerns two writ petitions filed by M/s. Gowardhan Infrastructure Pvt. Ltd. and M/s. Vedbhoomi Builders & Developers Pvt. Ltd. against t...

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Bombay High Court Quashes Criminal Proceedings Against Police Officer in Private Complaint for Assault — Lack of Sanction Under Section 197 CrPC Renders Prosecution Invalid. Proceedings under Sections 326, 504, 506(II) and 34 IPC quashed as mandatory sanction for public servant not obtained.

The applicant, Manoj Prabhakar Lohar, an Additional Deputy Commissioner of Police in the State Intelligence Department, Mumbai, filed an application u...