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Unitech Case: Supreme Court Refuses To Modify Its Order Directing Priadarshni Foundations To Reconvey Land To Unitech
Supreme Court on Wednesday refused to modify its last year's order directing Priadarshni Foundations Pvt Ltd to reconvey the lands ad-measuring 30.71 acres to Unitech Ltd, presently managed by a Board of Directors constituted by the Government of India.A bench comprising Justice DY Chandrachud and Justice MR Shah has granted three weeks time to the Foundation to comply with its...
SC Calls Upon Registrar Of HP High Court To Indicate The Reasons As To Why Trial Court Records Have Not Been Sent To The Top Court's Registry
While hearing a criminal appeal wherein the accused is undergoing sentence, the Supreme Court recently called upon the Registrar of Himachal Pradesh High Court to indicate the reasons as to why Trial Court records have not been sent to the Top Court's Registry. The bench of Justices UU Lalit, SR Bhat and PS Narasimha issued the directions after taking into consideration the fact that...
Poverty No Justification For Husband To Perpetrate Torture Upon Wife: Calcutta High Court Upholds Conviction For Abetment Of Suicide
The Calcutta High Court has recently observed that poverty even if acute cannot be a justification for a husband to perpetrate torture upon his wife thus compelling her to commit suicide. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi upheld the conviction of the husband for abetment of suicide by observing that the deceased wife named Bimali had been subjected to...
Vaccines Can't Be Mandated Without Evidence That Unvaccinated Persons Pose Health Risk : Prashant Bhushan Argues In Supreme Court
On Wednesday, the Supreme Court began the final hearing in the plea, inter alia, questioning the constitutionality of the vaccine mandates imposed by States, particularly, Delhi, Madhya Pradesh, Maharashtra and Tamil Nadu. On a previous occasion, Advocate, Mr. Prashant Bhushan appearing for the Petitioner, Dr. Jacob Puliyel, a former member of the National Technical Advisory Group of...
PMLA Offences Non-Cognizable In The Sense Local Police Can't Arrest, Says Supreme Court During Hearing
The Supreme Court on Wednesday remarked that the PMLA Act offences are not cognisable only to the extent of the scheme of the Cr. P. C.- that they are cognisable in the sense that arrests can be effected without a warrant by authorities specified in the Act, but they are non-cognisable qua the local police so that arrests cannot be made under the Cr. P. C.The Court was hearing SG Tushar...
Mere Wrong Decision Without Anything More Not Enough To Attract Jurisdiction Under Article 227: Delhi High Court
The Delhi High Court has observed that a mere wrong decision without anything more is not enough to attract the supervisory jurisdiction of High Court under Article 227 of the Constitution of India. "…it may be noted that the power under Article 227 of the Constitution of India being one of judicial superintendence cannot be exercised to upset conclusions, howsoever erroneous they may...
Supreme Court Expunges HC Observations Against Superintendent, Central Prison, Nagpur
The Supreme Court has expunged the observations made by the Bombay High Court, Nagpur Bench against the Superintendent, Central Prison, Nagpur for filing reply affidavit with incorrect facts in a matter pertaining to rejection of a furlough application of an economic offender. A Bench comprising Justices Ajay Rastogi and A.S. Oka noted the submission of the Superintendent that he...
Prosecution Is Not Required To Prove Its Case Beyond All Iota Of Doubt: Supreme Court
The prosecution is required to prove its case beyond reasonable doubt and not beyond all iota of doubt, remarked the Supreme Court while dismissing a criminal appeal filed by a murder accused.Karan Singh and others were accused of murder of one Brahmapal Singh. The incident happened in April, 1980. On 1st August 1983, the Trial Court convicted the accused persons for murder and sentenced them...
Act Against Govt Teachers Taking Private Tuitions & Other Businesses : Madras High Court
Slamming those government teachers who take private tuition classes for remuneration and do other businesses, Madurai Bench of Madras High Court has issued a slew of directions to prevent government school teachers from flouting the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and Service Rules."The teaching community is concentrating to satisfy their self-needs,...
Mere Filing Of Representation Before Authorities Does Not Extend Limitation Period : Supreme Court
The Supreme Court observed that mere filing of representation before authorities does not extend the period of limitation.If it is found that the writ petitioner is guilty of delay and latches, the High Court should dismiss it at the threshold and ought not to dispose of the writ petition by relegating the writ petitioner to file a representation and/or directing the authority to decide...
Summons Proceedings Can't Be Through CCTV: Delhi High Court Refuses To Quash Summons In GST Fraud Case
The Delhi High Court has refused to quash the summons against a person accused of creating numerous fake firms and availing Input Tax Credit (ITC) fraudulently. The court observed that there should be reasonable apprehension of coercion by the GST Department for 'summons proceedings' to be conducted through CCTV Cameras.The single bench of Justice Rajnish Bhatnagar has refused to quash...