Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(h) -- Temporary injunction - Restraining defendants from constructing walls for Toll Plaza - Land acquisition process for constructing National Highway cannot be interfered with at the instance of plaintiffs - Neither there is any attempt on their part to approach revenue authorities for..........
Unlawful Activities (Prevention) Act, 1967, Section 13 -- Offence u/s 13 of the Act - All offences under the Act whether investigated by National Investigation Agency or by investigating agencies of State Government are to be tried exclusively by Special Courts set up under the Act - In the absence of any designated Court by notification issued by either the Central..........
Indian Penal Code, 1860, Section 500 -- Defamation - Advocate - Advocate filed an application, on behalf of accused A1, A3 to A5, for removal of respondent and seeking appointment of another Resolution professional in a petition u/s 27 of Insolvency and Bankruptcy Code, 2016 - Said application was allowed and respondent was removed and another person was appointed as..........
Companies Act, 2013, Section 421(3) -- Condonation of delay in filing appeal - Appeal against order of National Company Law Tribunal (NCLT) - Period of limitation of 45 days prescribed in S.421(3) of the Act, would start running only from date on which a copy of order of Tribunal is made available to person aggrieved - However, appellants chose to apply for a certified..........
West Bengal National University of Juridical Sciences Act, 1999, Section 4A(3) -- (As Amended by Act of 2018) - Education - Admission to Law - Benefit of reservation - Reservation policy of 30% seats was not available on date when admission process was initiated - Decision of University to provide reservation from next Academic year cannot be said to be contradictory to..........
Motor Vehicle Rules, 1989, Rule 115, 116, National Green Tribunal Act, 2010, Section 14, 2(c), 2(m) -- Power of National Green Tribunal - Non-production of Pollution under Control (PUC) Certificate - Penalty of not to supply fuel to vehicles - Tribunal had no power and/or authority and/or jurisdiction to pass orders directing State Government to issue orders, instructions..........
National Green Tribunal Act, 2010, Section 26, 28, Motor Vehicle Rules, 1989, Rule 115, 116 -- Penalty - Failure to comply with an order of Tribunal - Tribunal had no power and/or authority and/or jurisdiction to direct State to deposit Rs.25 crores to secure compliance with its order - In any case such an order should not have been passed in review when initial order did..........
Environment (Protection) Act, 1986, Section 3, 7, 10, 11, 23, Air (Prevention and Control of Pollution) Act, 1981, Section 3(1), 3(2)(i)(a)(b), 3(2)(iii)(iv), 3(2)(x), 20, National Green Tribunal Act, 2010, Section 14, 2(c), 2(m), Motor Vehicle Rules, 1989, Rule 115, 116 -- Power of National Green Tribunal - Direction to State Government - For implementation of requirement..........
Disaster Management Act, 2005, Section 11 -- First National Plan u/s 11 was framed in year 2016, which was revised and notified in November, 2019 - Paragraph 1.4 of Plan categorically states that Plan will be complemented by several contingency plans, Standard Operating Procedures (SOPs), Manuals and Guidelines at all levels of multi-tiered governance system - Unless..........
Disaster Management Act, 2005, Section 46 -- Contribution to National Disaster Response Fund (NDRF) - As per paragraph 10 of new guidelines, expenditure from NDRF is meant to assist State to provide immediate relief in those cases of severe calamity, where expenditure required is in excess of balance in State's SDRF - Union of India can very well utilize the NDRF for..........
