This post critiques the Supreme Court’s increasing reliance on suo motu powers to intervene in High Court decisions—often without formal appeals or procedural safeguards. Using a recent March 2024 intervention as a case study, it argues that while well-intentioned, such reactive actions risk undermining judicial federalism, distorting constitutional process, and eroding institutional credibility. The piece calls for an urgent framework to regulate the use of suo motu powers and preserve the balance between restraint and responsiveness

The National Green Tribunal (NGT) has delivered a landmark judgment in Pranjal Karera v. Union of India & Ors., mandating that all Building and Construction projects within 5 km of ecologically sensitive zones, critically polluted areas, and interstate boundaries be classified as 'Category A' projects. These projects must now be appraised at the Central level by sectoral Expert Appraisal Committees (EACs), ensuring stricter environmental scrutiny. This ruling reinstates the General Condition (GC) of the EIA Notification, 2006, reversing previous relaxations and reinforcing compliance with Supreme Court and High Court directives

Contracts are the backbone of business and litigation, yet they often contain clauses that veer into illegality or unfairness. Should a single defective clause doom an entire agreement? The Doctrine of Blue Pencil offers a compelling solution—it allows courts to strike out the offending portion while preserving the rest, ensuring that lawful obligations remain enforceable. Imagine an employment contract where a penalty for early resignation is legally invalid, but the salary and benefits provisions are sound. Or an insurance policy where an exclusion clause unfairly limits coverage. Should these contracts be scrapped entirely? Courts have ruled otherwise, applying the Blue Pencil Doctrine to sever unlawful clauses while upholding valid terms. From real estate deals that violate zoning laws to arbitration agreements with unenforceable restrictions, Indian courts have used this doctrine to prevent contracts from collapsing due to a single defective provision

The Prohibition of Benami Property Transactions Act, originally enacted in 1988 and significantly amended in 2016, is a crucial legislative measure aimed at eliminating the practice of holding properties in fictitious names. The term "benami" refers to transactions where the actual beneficiary is not the person in whose name the property is registered. This blog post seeks to analyse the basic provisions of the PBPT Act

On July 23, 2024, the National Green Tribunal (NGT) Eastern Zone Bench in Kolkata issued a pivotal order halting mining activities in several districts of Assam due to the absence of required District Survey Reports (DSR). This decision underscores the critical importance of regulatory compliance in environmental governance. Highlighting lapses in the preparation of DSRs, the NGT's ruling enforces adherence to the "Enforcement & Monitoring Guidelines for Sand Mining (EMGSM-2020)." This landmark order not only emphasizes the need for sustainable mining practices but also sets a significant legal precedent for environmental accountability.

The landscape of arbitration law in India is undergoing a profound transformation, particularly concerning the jurisdictional nuances of Section 14 applications under the Arbitration Act. Recent judicial pronouncements, notably the Swadesh Kumar Agarwal v. Dinesh Kumar Agarwal case, have heralded a significant shift in the interpretation of Section 14, challenging long-held beliefs about the exclusive jurisdiction of higher courts in such matters. This excerpt delves into the evolving discourse, highlighting the pivotal role of recent legal developments in reshaping the contours of arbitration jurisprudence. As courts grapple with the implications of these decisions, stakeholders must navigate the evolving legal landscape with diligence and insight, ensuring compliance with the nuanced requirements of arbitration law.