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Certain FCRA Violations Now Compoundable Before Prosecution By Paying Penalty : MHA Issues Notification
The Ministry of Home Affairs on July 1 notified certain offences under the Foreign Contribution(Regulation) Act 2010 as compoundable.In exercise of the powers conferred by sub-section (1) of section 41 of the Foreign Contribution (Regulation) Act, 2010, the Central Government specified the officers, who may, before institution of any prosecution under the said Act, compound the offences under...
Cancellation Of Bail Cannot Be Limited To The Occurrence Of Supervening Circumstances : Supreme Court
Cancellation of bail cannot be limited to the occurrence of supervening circumstances, the Supreme Court observed in a judgment delivered on 20 May 2022.The bench comprising CJI NV Ramana, Justices Krishna Murari and Hima Kohli observed thus while it allowed appeal against a judgment of Allahabad High Court which granted bail to a murder accused.While setting aside the bail , the bench...
Foreign Receipts From Relatives Abroad Upto Rs 10 Lakhs Per Year Exempted From Disclosure : Centre Amends FCRA Rules
The Central Government has amended the Foreign Contribution(Regulation) Rules 2011 exempting annual receipts up to Rs 10 lakh from foreign relatives(who are citizens of other countries) from declaration and increasing the time for declaration as three months.As per Rule 6 of the FCRA Rules 2011, any person receiving foreign contribution in excess of one lakh rupees or equivalent thereto in...
NCLT Allahabad Bench Re-Constituted, Matters To Be Heard Through Video Conferencing
The National Company Law Tribunal, Allahabad Bench, has been re-constituted vide a Circular dated 01.07.2022, issued by NCLT as per Section 419(3) of the Companies Act, 2013. The new Bench shall comprise of: Shri Harnam Singh Thakur (Judicial Member)Shri Subrata Kumar Dash (Technical Member) The reconstituted Bench shall first take up matters of the NCLT Chandigarh...
TMC Leader Saket Gokhale Seeks Initiation Of Criminal Contempt Against OpIndia For Allegedly Insulting SC Over Oral Remarks Made In Nupur Sharma's Case
A letter has been written by TMC leader Saket Gokhale to Attorney General of India K.K. Venugopal, for seeking initiation of criminal contempt proceedings against the web portal OpIndia for allegedly insulting the Supreme Court over its oral remarks made in former BJP Spokesperson Nupur Sharma's case.The development came after the Top Court earlier this week came down heavily on Nupur...
Can Retweeting, Sharing Or Forwarding Offensive Posts Attract Criminal Liability? Explainer
It is often seen that many Twitter users put a disclaimer 'retweets are not endorsement' in their bio. But can this disclaimer shield one from criminal liability?Recently, the Deputy Commissioner of Delhi Police KPS Malhotra said that an individual has to take responsibility for retweets and that even endorsement of a view on social media becomes the view of the person sharing or...
Officers Of DGGI Are "Central Excise Officers"; Can Issue Show Cause Notices And Adjudicate Service Tax Demand: Madras High Court
The Madras High Court has ruled that officers of the Directorate General of GST Intelligence (DGGI) are "Central Excise Officers" for the purpose of Rule 3 of the Service Tax Rules, 1994 since they are vested with the powers of Central Excise Officers by the Central Board of Excise and Customs (CBEC). The Single Bench of Justice C. Saravanan, while considering a bunch of...
Can Section 156(3) CrPC Be Invoked After Failing To Get Desired Relief In A Civil Suit? Supreme Court Issues Notice In An SLP
The Supreme Court has issued notice in a Special Leave Petition which raises an issue whether in a dispute essentially of civil nature, can a person, after having failed to get the desired relief from a civil suit, invoke Section 156(3) of the Code of Criminal Procedure ?In this case, an FIR was registered against the accused under Sections 323/ 384/406/ 423/ 467/468/ 420/120B of the Indian...
Important Rulings Of Justice Vipin Sanghi As Delhi High Court Judge
Justice Vipin Sanghi bid farewell to the Delhi High Court this week, after serving as a Judge for over 16 phenomenal years and precisely 5,872 days. Justice Sanghi has now sworn in as the Chief Justice of the Uttarakhand High Court.Justice Sanghi was appointed as the Additional Judge of the High Court of Delhi with effect from May 29, 2006 and was confirmed as a Judge on 11th February,...
Eknath Shinde & Rebels Can't Claim To Be Real Shiv Sena As Per 10th Schedule : PDT Achary
The newly sworn-in Chief Minister of Maharashtra Eknath Shinde cannot take a plea that he represents the real Shiv Sena, opined PDT Achary, former Secretary General of Lok Sabha. In an interview with Manu Sebastian, the Managing Editor of LiveLaw, Achary said that such a plea is not allowed by the anti-defection law under the tenth schedule of the Constitution. The only plea he can raise is...
Mere Acceptance Of Rent By Landlord After The Expiry Of Lease Would Not Amount To Waiver Of Termination Of Lease: Supreme Court
The Supreme Court reiterated that mere acceptance of the rent by the landlord after the expiry of the period of lease would not amount to waiver of the termination of lease.In a suit for eviction filed by a landlord, the tenant took a contention that there was no valid termination of tenancy as per Section 106 of the Transfer of Property Act, 1882. Accepting this contention, the Trial...
Delhi Police "Leak" Of Mohammed Zubair's Bail Order Before Court Pronouncement Raises Eyebrows
A Delhi Magistrate on Saturday refused bail to Mohammed Zubair, co-founder of fact checking website AltNews, in a case registered over a tweet posted in 2018 for allegedly hurting religious sentiments.Although the order was pronounced by the judge at 7PM, certain news channels and agencies had reported at about 2.30 PM that bail was denied to Zubair and that he had been remanded to...