NGT asks Chinese steel plant in Gujarat to cease work

The National Green Tribunal has asked Chromeni Steels Private Limited, a joint venture of a Chinese steel manufacturer and four industry groups of India, to stop its activities at its stainless steel plant in Mundra taluka of Gujarat’s Kutch district on grounds that it has not obtained environment clearance.

Passing an interim order on November 21 on a plea by a village sarpanch in Kutch, the NGT directed Chromemi Steels to halt operations at its plant until the Union Ministry of Environment, Forest and Climate Change (MoEF&CC) made its stance clear over the requirement of environment clearance for the plant.

Gujarat Chief Minister Vijay Rupani had laid the foundation stone of the plant in January, 2018. According to the information on the company website, the plant started production in May this year and the company has a target of installing capacity for producing one million tonnes of cold rolled coils of stainless steel by December this year. Read more
 

Uncle-nephew smuggler duo from whom 420 kg gold, USD 7,50,000 seized to stay in jail as SC puts aside Delhi HC order

An uncle-nephew duo, part of a corporate-style smuggling syndicate and accused under the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act, had to go back to jail after the Supreme Court restored their detention orders while putting aside a Delhi high court verdict.

Ashok Jalan and Amit Jalan, accused of being masterminds of a large number of cases of gold smuggling and hawala transactions, were arrested by the Directorate of Revenue Intelligence (DRI) by an order issued on July 2 under the COFEPOSA Act.

Seizures of about 420 kgs of gold valued at about Rs.120 crore and of USD 7,50,000 in cash are attributed to them, as per the DRI.

Setting aside the Delhi HC verdict, a three-judge bench of the apex court in its order dated November 22 observed that the “High Court has committed a grave error in quashing and setting aside the detention orders and interfering with the subjective satisfaction of the detaining authority”. Read more
 

Maharashtra court asks IO to pay Re 1 compensation to acquitted persons

While acquitting three persons in a 2007 case of murder, a Maharashtra court has asked the investigating officer to pay Re 1 from his salary to each of them as compensation after holding him responsible for falsely implicating them in the case.

Thane District Judge S B Bahalkar held the investigating officer (IO), R B More, responsible for the mental and physical agony faced by the three accused who were booked under IPC Sections 302 (murder) and 201 (causing disappearance of evidence of offence).

The judge said there was no evidence to prove the accused guilty and noted that the investigating officer had falsely implicated them. Read more

Hindustan Construction Company Limited v. Union Of India

[Hon’ble Justices Rohinton Fali Nariman, Surya Kant and V.Ramasubramanian; 27-11-2019]

SC – The Hon’ble SC has struck down the deletion of Section 26, together with the insertion of Section 87, into the Arbitration Act by the 2019 Amendment Act as being manifestly arbitrary under Article 14 of the Constitution and found the challenge to the provisions of the Insolvency Code to be devoid of merit. The SC has also opined that NHAI is a statutory body which functions as an extended limb of the Central Government and performs governmental functions which cannot be taken over by a resolution professional under the Insolvency Code, or by any other corporate body. Nor can such Authority ultimately be wound-up under the Insolvency Code.

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