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1. Supreme Court sets aside NGT ruling on Yamuna floodplain, orders ₹5 crore refund to festival organisers

On August 22, the Supreme Court set aside the National Green Tribunal's December 2017 judgment holding the organisers of the World Culture Festival responsible for damage to the Yamuna floodplain. The

Supreme Court sets aside NGT ruling on Yamuna floodplain, orders ₹5 crore refund to festival organisers

On August 22, the Supreme Court set aside the National Green Tribunal's December 2017 judgment holding the organisers of the World Culture Festival responsible for damage to the Yamuna floodplain. The festival ran from March 11 to 13, 2016, on 25 hectares of active floodplain upstream of the DND flyway in Delhi, on land allotted by the Delhi Development Authority. The appellant was Vyakti Vikas Kendra India, which runs the Art of Living International Centre. The Delhi Development Authority must now refund the ₹5 crore the organisers deposited as environmental compensation. The article argues that the polluter pays principle requires attribution to a polluter and that the Supreme Court's approach to uncertainty leaves a gap the National Green Tribunal Act had already closed.

2. ITAT Mumbai rules husband's Rs 80 lakh payment to seller not unexplained investment under section 69

The Mumbai bench of the Income Tax Appellate Tribunal ruled in favour of a woman whose taxable income had been increased by Rs 80 lakh after the Income Tax Department treated the amount as unexplained

ITAT Mumbai rules husband's Rs 80 lakh payment to seller not unexplained investment under section 69

The Mumbai bench of the Income Tax Appellate Tribunal ruled in favour of a woman whose taxable income had been increased by Rs 80 lakh after the Income Tax Department treated the amount as unexplained investment in her purchase of a residential property worth Rs 1.4 crore during the financial year ended March 31, 2016. The case concerned Section 69 of the Income Tax Act, 1961. The Assessing Officer accepted payments totalling Rs 58.50 lakh, including Rs 40 lakh paid on August 12, 2015, and Rs 18.50 lakh paid on August 26, 2015, but disputed the remaining Rs 80 lakh. The woman said her husband, residing and working in Dubai, paid that amount directly to the seller through a Dubai exchange bureau in two instalments of Rs 40 lakh each, and the seller's bank statement recorded two credits totalling Rs 80 lakh. The officer held that the narration did not conclusively establish the money originated from the husband and noted the absence of remittance advice, exchange bureau records, transfer instructions and bank statements showing debits from the husband's account; Rs 80 lakh was treated as unexplained investment and a further Rs 10,000 was added as unexplained balance consideration. The Commissioner of Income Tax (Appeals) upheld the additions. Before the ITAT, the woman relied on the registered sale deed, a gift deed executed by her husband, his affidavit confirming the payments, bank statements and other documents, and argued she had explained the source of the entire investment. The tribunal examined the documents collectively, noted that the purchase, registered sale deed, seller's identity and receipt of consideration were not disputed, and observed that the authorities had not found the documents false, fabricated or manipulated, nor conducted an inquiry with the seller or gathered adverse bank material. It found the evidence interconnected and corroborative and decided in her favour.

3. Allahabad High Court Dismisses Grandparents' Appeal, Upholds Custody Of 8-Year-Old Son With Mother

The Allahabad High Court dismissed a special appeal filed by a child's paternal grandparents against a Single Judge order directing that custody of their 8-year-old grandson be handed over to his moth

Allahabad High Court Dismisses Grandparents' Appeal, Upholds Custody Of 8-Year-Old Son With Mother

The Allahabad High Court dismissed a special appeal filed by a child's paternal grandparents against a Single Judge order directing that custody of their 8-year-old grandson be handed over to his mother. The Division Bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra held that the grandparents' better financial resources, by themselves, cannot be a ground for depriving the mother of custody. It noted that the mother earned approximately Rs. 20,000 per month by giving tuition to 10 students and that the grandparents could provide financial assistance for the child's good upbringing rather than seek custody on the ground of their superior financial position. The Single Judge had passed the custody order on May 27, 2026, in a habeas corpus petition filed by the mother, who alleged that after her husband's death by suicide in Ghaziabad on November 28, 2025, her in-laws forcibly detained the minor son. The High Court observed that the younger daughter, aged about 4 years, had remained with the mother, while only the minor son had been detained by the grandparents since the day of his father's cremation. It also noted that the grandparents had stated that proceedings under the Guardians and Wards Act had been instituted before the district court, although no record of those proceedings had been placed before the Bench. The Bench refused to interfere with the Single Judge's order, finding it well structured after consideration of the facts and material on record, and said the grandparents were free to seek appropriate remedies before the district court, including fresh proceedings concerning the minor son and visitation rights.

4. J&K&L High Court denies bail to two accused in alleged JKLF-Y revival case

The High Court of Jammu & Kashmir and Ladakh at Srinagar dismissed two appeals seeking bail by Mohammad Rafiq Phaloo and Mohammad Yaseen Bhat in a case under the Unlawful Activities (Prevention) Act,

J&K&L High Court denies bail to two accused in alleged JKLF-Y revival case

The High Court of Jammu & Kashmir and Ladakh at Srinagar dismissed two appeals seeking bail by Mohammad Rafiq Phaloo and Mohammad Yaseen Bhat in a case under the Unlawful Activities (Prevention) Act, 1967. A Bench of Justice Rajnesh Oswal and Justice Sanjay Parihar held that material witnesses whose testimony relates to the disclosure statements allegedly made by the appellants and recoveries made pursuant to them were yet to be examined, and that their examination would be material to considering the role attributed to the appellants and the prosecution's evidentiary circumstances. The Court said it would not examine the merits of the evidence led so far to avoid prejudicing the parties at trial, and granted liberty to file fresh bail applications after examination of the material witnesses. The appeals challenged orders of the Special Judge designated under the NIA Act, Srinagar, dismissing bail. According to the prosecution, a 09.07.2023 meeting at a restaurant was allegedly a front for ex-members of the banned JKLF-Y and other separatist activists to coordinate unlawful activities and revive the prohibited organisation; a raid led to 43 suspects being apprehended and the investigation allegedly established the involvement of ten accused and both appellants, with recoveries including mobile phones, digital evidence and documents. The appellants contended that protected witnesses did not support the prosecution case on conspiracy and that no prima facie case existed, while the respondent opposed bail citing prior FIRs, alleged arms training and exfiltration. The Court noted that the appellants had been charged under Section 18 UAPA and that the rigours of Section 43-D were applicable.

5. J&K&L High Court: Deposit After Decree Cannot Retrospectively Revive Right To Defend Under Order XXXVII CPC

The High Court of Jammu & Kashmir and Ladakh at Srinagar held that deposit of a balance amount after a decree cannot be treated as retrospective compliance with a conditional direction so as to revive

J&K&L High Court: Deposit After Decree Cannot Retrospectively Revive Right To Defend Under Order XXXVII CPC

The High Court of Jammu & Kashmir and Ladakh at Srinagar held that deposit of a balance amount after a decree cannot be treated as retrospective compliance with a conditional direction so as to revive the right to defend a suit under Order XXXVII of the Code of Civil Procedure. Justice Moksha Khajuria Kazmi observed that the appellants did not comply within the stipulated period with the trial court's condition imposed while granting leave to defend. The trial court had decreed the suit for Rs. 57.23 lacs with interest and costs. The appellants had deposited Rs. 19,01,000 on 26.03.2023, while the balance of Rs. 18,81,000 was deposited on 25.07.2025, after the judgment and decree dated 12.08.2023. The High Court found no cogent explanation for the delay and dismissed the Civil First Appeal, finding no perversity or illegality in the impugned judgment and decree.

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