PMLA Is A Penal Statute And Enforcement Directorate Officials Are Police Officers: Kapil Sibal Submits Before Supreme Court

The Supreme Court on Tuesday resumed hearing on a string of petitions challenging the constitutional validity of several provisions of the PMLA Act.Senior Advocate Kapil Sibal, for the petitioners, made his rejoinder submissions."The heart of criminal jurisprudence is the fundamental constitutional premise that you cannot start an investigation without information that you record and without...

'Out Of 180 Crore Doses, Only 0.004% Adverse Effects' : Centre Tells Supreme Court In Plea For Vaccine Trial Data

On Tuesday, the Supreme Court continued hearing the submissions in the plea seeking the Court's directions to the Central Government to publicize the data relating to clinical trials and post vaccine efficacy of the COVID vaccines, in consonance with the requirement of the International medical norms. The Petitioner, Dr. Jacob Puliyel, a former member of the National Technical Advisory...

'Averse To Sealed Covers': Supreme Court Agrees To Examine Validity Of 'Sealed Cover' Procedure

In the MediaOne channel ban case, the Supreme Court has expressed its intention to examine the issue relating to the validity of relying on "sealed covers" to adjudicate issues.The Court was referring to the practice of one party of the litigation - mostly the Government side - submitting documents before the bench in 'sealed covers' without sharing the copies to the other side, and the...

'Wakf Board Meddling In Administration Of Nagore Dargah': Ad Hoc Board Of Administrators Files Affidavit Before Madras HC

Nagore Dargah's Ad-Hoc Board of Administrators has filed an affidavit before the Madras High Court stating that they have done everything in the best interests of the Dargah and the Tamil Nadu State Wakf Board has been meddling in the day to day administration of dargah from June 2018."...the counsel for the Tamil Nadu Wakf Board had claimed to represent us though we did not authorize him and...

Lawyer Appears In Court Without Gown, Allahabad High Court Calls It 'Unfortunate'

The Allahabad High Court recently pulled up a Lawyer who appeared in the court without a gown and termed it as 'unfortunate'.The Bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava, however, did not refer the matter to the State Bar Council as it noted that he is a 'young' lawyer."Shri Sandeep, appeared in the Court without gown, this is unfortunate. However, considering the...

Section 125 CrPC Falls Within Constitutional Sweep Of Article 15 (3); It Intends To Protect Women, Children & Infirm Parents: Allahabad HC

The Allahabad High Court has observed that Section 125 Cr.P.C. is enacted for social justice and especially to protect women and children and also old and infirm parents and that this provision falls within the constitutional sweep of Article 15 (3), re-enforced by Article 39 of the Constitution of India. The Bench of Justice Shekhar Kumar Yadav observed thus as it stressed that this...

Testimony Of Interested Witness Has To Be Examined With Extra Care And Caution, Reiterates Allahabad High Court

While stressing that during the trial of a case, the testimonies of the interested witnesses have to be examined with extra care and caution, the Allahabad High Court today dismissed an appeal filed by the informant of the case challenging the acquittal order of the trial court in an attempt to murder case.Finding serious discrepancies in the statements of the interested witnesses in the...

Sedition Case: Delhi Court Proposes Day To Day Hearing Of Trial Against Sharjeel Imam In Anti-CAA Speeches Case

A Delhi Court on Tuesday proposed day to day hearing of the trial against Sharjeel Imam in a case relating to the alleged inflammatory speeches made by him in Aligarh Muslim University and Jamia area in Delhi against the Citizenship Amendment Act.Additional Sessions Judge Amitabh Rawat today formally framed charges against Imam in his presence and read out and explained the said charges...

'Underwent A Traumatic Experience, Was Panic Stricken & Disoriented': Calcutta HC Dismisses Plea Of Delayed Lodging Of FIR, Upholds Conviction Of Gang Rape

The Calcutta High Court has recently observed that a delay of a few hours in lodging of the FIR by a victim of gang rape will not vitiate the prosecution case since it is natural for the victim to remain disoriented and confused after having gone through such a traumatic experience thereby justifying such a delay. A Bench comprising Justice Joymalya Bagchi and Bivas Pattanayak was...

No Disciplinary Action Against Judicial Officer For Merely Passing A Wrong Order; Mere Negligence Not Misconduct : Supreme Court

The Supreme Court, while reinstating a judicial officer, observed that mere negligence cannot be treated as misconduct to terminate services of a judicial officer.The bench comprising Justices Uday Umesh Lalit and Vineet Saran observed that disciplinary proceedings against a judicial officer is not warranted merely because a wrong order has been passed by him/her or the action taken by him...

Karnataka Education Act Empowers Government To Prescribe Uniform: Karnataka High Court In Hijab Case

The Karnataka High Court on Tuesday upheld the validity of the Government order dated February 5, providing for prescription of dress code in educational institutions. A full bench of Chief Justice Ritu Raj Awasthi, Justice Krishan S Dixit and Justice J M Khazi said, "Section 133(2) of the (Education) Act which is broadly worded empowers the government to issue any directions...

Hijab Issue - Speedy Investigation Needed Against "Unseen Hands" At Work To Create Social Unrest : Karnataka High Court

The Karnataka High Court in its judgement upholding the ban on wearing hijab has said it expects a speedy & effective investigation into the matter against 'unseen hands' who are at work to engineer social unrest and disharmony. A full bench led by Chief Justice Ritu Raj Awasthi said, "From the submissions made on behalf of the Respondent – Pre – University College at Udupi and...