PMLA Judgment A Blackspot On The Supreme Court, ED Has Been Weaponised : Dushyant Dave

In a strongly worded criticism, Senior Advocate Dushyant Dave said that the judgment which upheld the provisions of the Prevention of Money Laundering Act was a "blackspot on the Supreme Court".The senior lawyer was referring to the judgment delivered by a three-judge bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar on July 27 in which the vast powers of the...

Mumbai Court Declares Australia Based Couple As Legal Parents Of Surrogate Child

The City Civil Court in Mumbai recently declared an Indian couple based in Australia as the genetic and biological parents of their son born out of surrogacy, enabling them to travel to Australia along with the child. The couple claimed that the surrogate mother was not cooperating with them despite the existence of an agreement and there were several other impediments and requirements...

CrPC | Order Of Maintenance Does Not Get Wiped Out Because Of Settlement During Pendency Of Execution Proceedings: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently held that merely because a settlement has taken place between warring spouses during the pendency of execution proceedings, the order of maintenance passed by a Magistrate under Section 488 of J&K CrPC does not get wiped out if the settlement does not work. A bench comprising Justice Sanjay Dhar was hearing a plea in terms of...

"Prima Facie Curtailment Of Right Under Art 19": Calcutta HC Stays Probe Over FB Post Containing Lord Krishna's 'Intimate' Portrait With Radha

An artist has moved the Calcutta High Court against the registration of an FIR under Section 295A of the IPC over a Facebook post made by him containing a portrait depicting an intimate scene between Lord Krishna and Radha, influenced by Geet Govinda (an epic love poem of Jaya Deva.)Taking into account the facts of the case, the Court prima facie noted that the criminal complaint in the...

Locus Standi To Be Satisfied To Make A Claim On Doctrine Of Legitimate Expectation: Kerala High Court

The Kerala High Court recently observed that a person who bases his claim on the doctrine of legitimate expectation must first satisfy that there is a foundation for the same and thus has a locus standi to make such a claim.A Division Bench of Justice P. B. Suresh Kumar and Justice C.S. Sudha observed that for a beneficiary to have a legitimate expectation on invoking the privilege granted,...

Can An Accused Added U/S 319 CrPC Seek Discharge U/s 227 CrPC ? Supreme Court To Re-examine Correctness Of Earlier Judgment

Whether an accused added under Section 319 CrPC can seek discharge under Section 227 CrPC? The Supreme Court agreed to examine this issue raised in a special leave petition.Appearing for a petitioner in a special leave petition, Senior Advocate S. Nagamuthu had contended that this issue was answered in the negative in Jogendra Yadav Vs. State of Bihar (2015) 9 SCC 244 and that the said view...

Detailed Assertion Of Title Or Title And Possession Is Sufficient To Grant Injunction Against Construction On Joint Property: Calcutta HC

In a case for declaration of title and of partition of a property that is claimed to be jointly owned and possessed the Calcutta High Court held that a plaintiff seeking restraint order on defendant from making construction on a property is required to prove prima facie that he has title to it or is entitled to possession thereof or both. In the pleading assertion of title or title...

Chairman Of District Primary School Council Cannot Order Transfer Of Teachers: Calcutta High Court

On Friday, in an intra-court appeal whereas a Single Judge refused to interfere with the order of transfer issued against the appellant by the Chairman, North 24 Parganas District Primary School Council, the Calcutta High Court noted that the Chairman did not have the authority or jurisdiction to issue the impugned transfer order to the appellant Assistant Teacher of a Primary...

Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court

The Delhi High Court has observed that the object of default bail is inherently linked to Article 21 of the Constitution of India, laying emphasis on safeguarding the life and personal liberty of the accused against arbitrary detention.Justice Swarana Kanta Sharma made the observation while dismissing a revision petition filed by an accused in relation to a case registered under Narcotics...

Varavara Rao's Acts Were Against The State, Not Entitled To Bail : NIA To Supreme Court

The National Investigation Agency on Monday told the Supreme Court that it is not justifiable for Telugu poet and Bhima Koregaon – Elgar Parishad accused P Varavara Rao to seek bail on constitutional grounds when his acts are against the interest of the society and state. "The act of the petitioner/accused has a direct impact on the unity, integrity, security and sovereignty of...

Supreme Court's Order Against Teesta Setalvad Is Unconstitutional & Highly Immoral : Dushyant Dave

In an interview with LiveLaw, Senior Advocate Dushyant Dave fiercely criticised the Supreme Court's order in the Gujarat riots case(Zakia Jafri versus State of Gujarat), which led to the arrest of social activist Teesta Setalvad and former Gujarat ADGP RB Sreekumar.While dismissing Zakia Jafri's petition challenging the SIT clean chit to the high state functionaries in larger conspiracy...

High Court Directs Delhi Govt To Ensure Strict Compliance Of Orders Banning Sale Of 'Chinese Manjha' For Kite Flying

The Delhi High Court has directed the Delhi Government to ensure strict compliance of the orders passed by it as well as the National Green Tribunal (NGT) banning sale of Chinese synthetic manjha used in flying kites.A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a PIL filed by Advocate Sanser Pal Singh seeking a complete ban...