DGFT Clarifies On The Implementation Of The Paper Import Monitoring System

The Directorate General of Foreign Trade (DGFT) has issued a clarification on the Implementation of the Paper Import Monitoring System.The DGFT has received various representations from trade & industry seeking clarification on the applicability of the Notification dated May 25, 2022.The matter was examined in consultation with the Department of Commerce (DOC) and the Department for...

Objections Under Section 47 Of CPC Cannot Be Considered In An Enforcement Petition Under Section 36 Of The A&C Act: Delhi High Court

The High Court of Delhi has held that objections available under Section 47 of CPC cannot be considered by a Court at the time of enforcement of an arbitration award under Section 36 of the A&C Act. The bench of Justice Vashwant Varma held though under the Arbitration Act, 1940, the Arbitral Award was required to be made a rule of the Court and a decree but Section 36 of...

Karnataka High Court Quashes Criminal Proceedings Against Man Chargesheeted For FB Post With ‘Pakistan Zindabad’ Message

The Karnataka High Court has quashed proceedings initiated against a man for posting on his Facebook page a message — the contents of which, the police claimed, amounted to insulting the soldiers and disturbing the peace and tranquillity of the society. Justice V Srishananda allowed the petition filed by one K M Basha and quashed the order taking cognisance of the chargesheet...

Supreme Court Annual Digest 2022- Prevention of Money Laundering Act (PMLA), 2002

Prevention of Money Laundering Act 2002 - Money laundering is an independent offence. (Para 7) Dr. Manik Bhattacharya v. Ramesh Malik, 2022 LiveLaw (SC) 867 Prevention of Money Laundering Act 2002 - Protective order passed against one investigating agency cannot operate against another investigating agency even if there are factual similarities in allegations- Interim...

‘Sorry State Of Affairs’: High Court Directs Delhi Govt To Clear Salaries Of Maharishi Valmiki Hospital Workers By Feb 8

High Court has directed the Delhi government to ensure payment of wages to various workers of a government hospital within two weeks.Justice Rekha Palli passed the direction in an interim order on petitions filed by nine men, who work as Nursing Orderly at Delhi government-run Maharishi Valmiki Hospital. The court was told that their wages have not been paid since April 12 last year....

Judicial Officers' Conduct In Passing Orders On Printed Proforma Sans Application Of Judicial Mind 'Objectionable': Allahabad HC

The Allahabad High Court has observed that the conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionable and deserves to be deprecated.The bench of Justice Shamim Ahmed observed thus while quashing the cognizance order of the Court of ASJ/POCSO-II Raibareli summoning a man accused of...

‘Why Is The Bar Silent As Judicial Independence Comes Under Attack?’ Asks Senior Advocate Anand Grover

Amid the intensifying war of words between the executive and the judiciary over the issue of judicial appointments and the basic structure doctrine, Senior Advocate and former United Nations Special Rapporteur Anand Grover urged members of the legal fraternity to throw their weight behind the judiciary to ensure their independence. Calling the silence of the bar associations on these...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VI

Q.26 Is the requirement in the bail order and in the bail bond in a bailable offence that the accused should attend the court at the time and place specified therein, a bail condition ?Ans. A reading of Section 436(2) Cr.P.C. would indicate that it is a condition. But in Azeez v. State 1984 KLT 437 – U. L. Bhat – J, it has been held that it is only a term as to bail. If there is...

Anticipatory Bail Cannot Be Granted Solely On Ground That Accused Is Not Required For Custodial Interrogation: Gujarat High Court

A single judge bench of the Gujarat High Court held that the non-requirement of custodial interrogation cannot by itself be a ground to grant anticipatory bail to an accused. "Custodial interrogation can be one of the grounds to decline anticipatory bail. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory...

Not Permissible To Take One Dose Of Covishield And Another Of Covaxin: Centre To Delhi High Court

The Central Government has informed the Delhi High Court that it is not permissible for an individual to take first dose of Covishield and second dose of Covaxin. Central Government’s standing counsel Anurag Ahluwalia told Justice Prathiba M Singh that mixing of two COVID-19 vaccines is not permissible for the first and second dose. However, he said it is allowed for the booster dose. The...

Non-Payment Of Compensation To 84 Y/O Man Who Lost Wife, Daughter In 1984 Riots, Allahabad HC Seeks Affidavit Of UP Govt Secy

While hearing a plea filed by an 84-year-old man seeking compensation for the loss of his wife and daughter in the 1984 Anti-Sikh Riots, the Allahabad High Court has sought a personal affidavit of the Secretary, Home (Communal Control Cell), Government of U.P. The bench of Justice Mahesh Chandra Tripathi and Justice Vivek Kumar Singh passed this order on the plea of one Pyara Singh as it...

Legislature Cannot Directly Overrule A Judgment ; But Can Retrospectively Remove Its Foundation To Make It Ineffective : Supreme Court

While upholding the validity of the Assam Community Professional (Registration and Competency) Act, 2015, the Supreme Court examined the scope of powers of legislature to overrule a judgment.The bench of Justices B R Gavai and B V Nagarathna made the following observations in the judgment:(1) The Legislature cannot directly overrule a judicial decision. But when a competent...