2023 SCC Vol. 6 Part 4

Concept of Justice in Society: The author delves into the concepts of “law” and “justice” in this article. [Engaging in the Concept of Justice in Society by M.P. Singh, (2023) 6 SCC J-41]

International Aviation Arbitration: Aviation sector is not immune to the increasing phenomenon of use of arbitration as a popular tool for dispute settlement. This article focuses on inter-State and business aviation disputes. [International Aviation Arbitration: A Critical Analysis of Emerging Trends by Viplav Sharma, (2023) 6 SCC J-50]

Preference and the Exclusion of Transfers under IBC: This article seeks to discuss the law relating to avoidance of preferential transactions under the Indian insolvency regime and to shed light on the history and purpose of the exclusion available under sub-section (3)(a) of Section 43 of the IBC. [Preference and the Exclusion of Transfers Made in the “Ordinary Course of Business” under the Insolvency and Bankruptcy code, 2016 by Sriram Venkatavaradan and Saai Sudharsan Sathiyamoorthy, (2023) 6 SCC J-65]

Criminal Procedure Code, 1973 — S. 167(2)(b) proviso [as added vide S. 20(2) of the GUJCTOC Act] — Default bail — Offences under GUJCTOC Act: Law clarified relating to grant of extension of time up to 180 days on basis of report of the Public Prosecutor to complete the investigation and mandatory requirements of S. 167(2)(b) proviso, CrPC (as inserted by Gujarat Control of Terrorism and Organised Crime Act, 2015), [Jigar v. State of Gujarat, (2023) 6 SCC 484]

Environment Law — General Principles of Environmental Law — Polluter Pays Principle and Remedial/Compensatory/Punitive Measures — Remedial action/Reclamation/Rehabilitation measures/Compensation/Disgorgement of gains of wrongdoer/Other measures: Substantial compliance with conditions of environmental clearance (EC) imposed at various stages, when enough to permit project/plant of project proponent to continue to operate, subject to credible assurance of full compliance within given timeframe, explained. [IL&FS Tamil Nadu Power Co. Ltd. v. T. Muruganandam, (2023) 6 SCC 585]

Environment Law — General Principles of Environmental Law — Remedial action/Reclamation/Rehabilitation measures/Compensation/Disgorgement of gains of wrongdoer/Other Measures — Ex post facto/Revised environmental clearance (EC) and/or forest clearance (FC): An establishment contributing to economy of country and providing livelihood to hundreds of people, held, cannot be closed down for technical irregularity of shifting its site without prior environmental clearance, without opportunity to establishment to regularise its operation by obtaining requisite clearances and permissions, even though establishment may not otherwise be violating pollution laws, or pollution, if any, can conveniently and effectively be checked. [Electrosteel Steels Ltd. v. Union of India, (2023) 6 SCC 615]

Family and Personal Laws — Marriage, Divorce, Other Unions and Children — Requirements of Valid Marriage/Registration of Marriage: Petition in which issue has been raised in main proceedings pertaining to uniformity in minimum age of marriage for men and women in diverse legislations, transferred from High Court to Supreme Court. [Ashwini Kumar Upadhyay v. Union of India, (2023) 6 SCC 511]

Government Grants, Largesse, Public Property and Public Premises — Government Grants, Allotment, Transfer of Government/Public property/Largesse and Licences — Entitlement/Eligibility criteria: Tenability of claim of existing allottee of shop for allotment of shed/auction platform located just adjacent to and/or in front of shop allotted to him and/or at any other place, determined. [Gurjit Singh v. State (UT of Chandigarh), (2023) 6 SCC 544]

Penal Code, 1860 — S. 302 — Murder of wife alleged — Appeal against acquittal: Order of High Court reversing acquittal of appellant-accused and convicted him under S. 302 IPC for murdering his wife in case resting on circumstantial evidence, quashed and set aside. [Nikhil Chandra Mondal v. State of W.B., (2023) 6 SCC 605]

Penal Code, 1860 — S. 34 — Object: Principles reiterated relating to applicability of S. 34. [State of M.P. v. Jad Bai, (2023) 6 SCC 552]

Prevention of Corruption Act, 1988 — Ss. 7 to 13 — Quashment of FIR/investigation in PC Act/corruption cases: Principles clarified relating to approach to be adopted by the Court in FIR/investigation in PC Act/corruption cases. [State of Chhattisgarh v. Aman Kumar Singh, (2023) 6 SCC 559]

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — S. 24(1) — Word “initiated” therein: Law explained relating to “initiation” of land acquisition proceedings under LA Act, 1894 for the purpose of S. 24(1) of 2013 Act. [Haryana State Industrial & Infrastructure Development Corpn. Ltd. v. Deepak Aggarwal, (2023) 6 SCC 512]

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — S. 24(2) — Deemed lapse of acquisition proceedings: Possession could not be taken due to pending litigation/stay. In such cases, deemed lapse of proceedings under S. 24(2) is not occasioned. Further, writ petition/action by subsequent purchaser claiming lapse of proceedings, not maintainable. [State (NCT of Delhi) v. Manjeet Kaur, (2023) 6 SCC 539]

U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (13 of 1972) — S. 20(4) — Entitlement to benefit of — Tender or deposit of rent — Unconditional deposit on first hearing: Requisite amount was deposited before first date of hearing however, appellant tenant pleaded rate of rent as Rs 45 per month, which, ultimately, was found to be Rs 150 per month. It was held, above discrepancy would not render deposit conditional thereby disentitling defendant to discretionary relief under S. 20(4). [Shanti Prasad v. Thakur Dass, (2023) 6 SCC 612]

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