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PMLA Can't Applied Using S.120B IPC If Criminal Conspiracy Wasn't Related To Scheduled Offence : Supreme Court Rejects ED's Review Petition
The Supreme Court has dismissed the review petitions filed against its judgment which held that proceedings under the Prevention of Money Laundering Act (PMLA) cannot be initiated by invoking Section 120B of the Indian Penal Code if the alleged criminal conspiracy was not related to a scheduled offence.A bench comprising Justices Abhay S Oka and Pankaj Mithal dismissed the review petitions...
Granting Protection To 19-Year-Olds, MP High Court Advises Youngsters To Be Cautious About Getting Into Live-In Relationships So Early
In a recent ruling, the Madhya Pradesh High Court, while granting protection to a young live-in couple - both the boy and the girl aged 19 years- sounded a word of caution about youngsters getting into relationships and leaving their families at an early stage of life.Since the petitioners had attained the age of majority and affirmed that they were acting out of free choice, the Court...
JJ Act | Juvenile Accused Can't Be Tried As Adult In Absence Of Preliminary Assessment & Report By JJB : Supreme Court
Recently, the Supreme Court held that the conviction of the accused child who was a 'child in conflict with law' cannot be sustained unless the preliminary assessment to ascertain the physical and mental capacity of the child to commit the crime and the need to try the child as an adult or a juvenile was adhered to as the mandatory requirements under the Juvenile Justice Act, 2015.Reversing...
Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court
The Supreme Court (on March 18) observed that recording only the examination in chief of witnesses without recording their cross-examination is contrary to the law. To strengthen this, the Court also referred to Section 138 of the Indian Evidence Act of 1872, which outlines the examination order of witnesses. As per this provision, the witnesses are required to be first...
Liquor Policy: Delhi High Court To Hear Arvind Kejriwal's Plea Challenging Arrest, ED Remand Tomorrow
The Delhi High Court will hear tomorrow the plea moved by Delhi Chief Minister Arvind Kejriwal challenging his arrest by Enforcement Directorate (ED) and six days of remand in the money laundering case related to the alleged liquor policy scam case.The matter will be heard tomorrow by Justice Swarana Kanta Sharma at 10:30 AM. Kejriwal was arrested on March 21. Next day, the trial court...
Income Tax Orders Not Conclusive Proof For Discharge In Case Under Prevention Of Corruption Act : Supreme Court
The Supreme Court on March 19, in a recent judgment held that exoneration in Income Tax proceedings by itself would not become a valid ground for the discharge of an accused under the provisions of The Prevention Of Corruption Act, 1988 (PCA).The bench comprising Justice Vikram Nath and Justice KV Viswanathan was sitting in appeal against an order of the Delhi High Court which refused...
Liquor Policy: Delhi Court Remands BRS Leader K Kavitha To Judicial Custody Till April 09
A Delhi Court on Tuesday remanded Bharat Rashtra Samithi (BRS) leader K Kavitha to judicial custody till April 09 in the money laundering case connected with the alleged liquor policy scam. Delhi CM Arvind Kejriwal is also arrested in the case.Special CBI judge Kaveri Baweja of Rouse Avenue Courts passed the order after Kavitha was produced in court on the expiry of her ED remand. Kavitha...
The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-III]
Q.11 What is meant by “taking cognizance of an offence” ? Ans. Every case instituted before a Criminal Court alleging a “cognizable offence” or a “non-cognizable offence” will have to be scrutinized by the Court and the alleged offence will have to be taken cognizance of under Section 190 Cr.P.C. Taking cognizance of an offence broadly means “taking judicial notice by...
Supreme Court Weekly Digest With Subject /Statute Wise Index [March 1 to 10]
Citations 2024 LiveLaw (SC) 180 to 2024 LiveLaw (SC) 219Agricultural Produce and Livestock Markets Act, 1966 Agricultural Produce and Livestock Markets Act, 1966 (Andhra Pradesh) – Ghee as a product of livestock – The inclusion of “ghee” as a livestock product cannot be faulted merely because it is not directly obtained from milk, which is a product of livestock, it would still be...
Meghalaya High Court Urges AAI To Consider Starting Shillong-Bhopal Direct Flights As Judges Need To Attend National Judicial Academy
The Meghalaya High Court recently suggested that the Airports Authority of India (AAI) should consider establishing a direct flight between Shillong and Bhopal on Fridays and Sundays.The Court also recommended that, in the national interest, the AAI should ensure the availability of connecting flights (non-direct flights) to Bhopal from major cities or states like Chennai, Kerala,...
Supreme Court's Refusal to Stay Legislation On Election Commissioner Appointments: Analyzing Implications For Democracy
With less than a month left for the 2024 General Elections, the Supreme Court on Friday (March 22) refused to stay on the legislation concerning the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) which had dropped the Chief Justice of India (CJI) from the selection panel, vesting ultimate power and authority in the panel comprising Prime Minister,...
Bail Condition Restraining Political Activities Violates Fundamental Rights, Can't Be Imposed : Supreme Court
The Supreme Court recently ruled that requiring a politician to abstain from engaging in political activities as a condition for granting bail would violate fundamental rights. In a case titled Siba Shankar Das vs State of Odisha and another, a bench comprising Justices BR Gavai and Sandeep Mehta overturned a bail condition imposed by the Orissa High Court, which prohibited a politician...