PMLA : Supreme Court Rejects Challenge Against Madras HC Decision That 2018 Amendment Revived Twin Conditions For Bail Under Section 45

The Supreme Court recently (February 25) dismissed a special leave petition assailing the order of the Madras High Court, whereby the Directors of a company were denied bail, inter alia, upholding the presumption of constitutionality of Section 45(1) and the twin conditions therein, as amended by the Finance Act, 2018. Upon hearing the submissions made by Solicitor General of India,...

Default In Payment Because Of CoVID: Supreme Court Grants Relief To Company To Pay OTS Amount With Interest

The Supreme Court recently granted relief to a company to pay OTS amount with interest considering that the default in payment was due to CoVID.The bench of Justices Vineet Saran and Aniruddha Bose was considering a SLP assailing Madras High Court's order dated July 22, 2021.The petitioner had availed loan from the State Bank of India. Since, there was default in repayment of the loan,...

Academic Matters Should Be Best Left To Academics, Courts Have No Expertise In Matters When Conscious Decision Is Taken By Experts; Supreme Court

The Supreme Court recently upheld Delhi High Court's observation that courts have no expertise in the matters when a conscious decision is taken by the experts and academic matters should be best left to academics.The bench of Justices MR Shah and BV Nagarathna was considering SLP assailing Delhi High Court's order dated March 5, 2021.The petitioner had approached the High Court aggrieved...

Party Having Right Of Appeal Does Not Have Corresponding Right To Insist For Consideration Of Appeal By Forum That Was No Longer In Existence: Supreme Court

The Supreme Court has observed that a party having the right of consideration of appeal does not have any corresponding right to insist for consideration of the appeal by a forum which is no longer in existence.The bench of Justices Dinesh Maheshwari and Vikram Nath was considering a civil appeal preferred by Chief Divisional Retail Sales Manager, Divisional Office, Indian Oil...

MP High Court Grants Custody Of Looted Property Recovered By Police To Income Tax Department As The Same Was Not Disclosed By Complainant

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application moved by a Complainant in a dacoity case, seeking custody of the recovered stolen cash to the tune of Rs. 45 Lakhs. The Court held that since the said amount was not disclosed before the Income Tax Department (IT Department) prior to the incident, the same was liable to be handed over to the IT...

Appointment Under Outstanding Sportsperson Quota Can Be Made Only When There Is 'Direct Affiliation' With Indian Olympic Association: Rajasthan HC

The observation was made in relation to an advertisement issued by the State for the post of Compounder/Nurse Junior Grade.

"No Public Right Is Superior To Defence Of The Country": Uttarakhand HC Dismisses Challenge To Land Acquisition For ITBP Near LAC

The Uttarakhand High Court has recently dismissed a writ petition filed, challenging a notification issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("the Act"), which proposed to acquire certain land near the "Line of Actual Control" (LAC) for meeting the purposes of the Indo-Tibetan Border...

'Absolutely Extraneous': Rajasthan HC Quashes Recommendation Rejecting Rape Convict's Plea To Be Sent To Open Air Camp As Other Ladies Living In Camp

The Rajasthan High Court has quashed the recommendation of the respondent-state, which rejected a rape convict's application for being sent to Open Air Camp. The Superintendent of Jail had not recommended the case of the petitioner for being sent to the Open Air Camp as he was of young age and that other convicts are residing in the Camp with their wives and daughters. The Committee...

Article 227 - High Court Cannot Go Deep Into Factual Issues Like An Appellate Body : Supreme Court

The Supreme Court, in a judgment delivered on 23rd February, held that the High Court while exercise powers of a supervisory Court under Article 227 of the Constitution of India cannot act as an appellate body to re-appreciate evidence.The High Court, under Article 227, can interfere with the decisions of a fact-finding forum only when its findings are perverse i.e. Erroneous on account...

240 Days Of Work Essential In Preceding Year Of Termination: Gujarat High Court Denies Relief U/S 25F Of ID Act

The Gujarat High Court has affirmed the order of the Labour Court determining that the Petitioner-workman was not entitled to reinstatement on the ground that there was discrepancy in his deposition and the documents produced by him. The Petitioner herein had claimed that he had joined the services of the Respondent in 1983 and was performing the duties of the labourer/table work as...

Delhi High Court Weekly Roundup: March 7 To March 13, 2022

CITATIONS 2022 LiveLaw (Del) 172 TO 2022 LiveLaw (Del) 201NOMINAL INDEXAlapan Bandyopadhyay v. Union of India & Anr. 2022 LiveLaw (Del) 172Mujeeb Ur Rehman v. Registrar General, Delhi HC 2022 LiveLaw (Del) 173Kurz India Private Limited Versus Principal Commissioner of Income Tax-5, New Delhi 2022 LiveLaw (Del) 174Jai Singh Goel Versus Chief Commissioner Of Income Tax(Central) 2022...

Ad-Hoc Employee Entitled To Maternity Benefits Beyond The Term Of Contract For Pregnancy Occuring During Contractual Period : Delhi High Court

"Pertinently, the 1961 Act does not tie in the grant of maternity benefit to the tenure of the woman employee",