PMLA Interpretation: Senior Lawyers Question Constitutionality Of Bail, Arrest & Attachment Procedure

The Supreme Court on Wednesday continued hearing the batch of petitions concerned with the interpretation of the Prevention of Money Laundering Act, 2002 ("PMLA Act").The matter was listed before the bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar.Submission Of CounselsSubstance Of PMLA Is That It's Impossible For Accused & Judge Per Se To Give Bail Which Amounts To...

Accused Can't Be Kept In Custody Indefinitely: Delhi High Court Grants Bail In Rs. Two Crore Cheating Case

The Delhi High Court has observed that an accused person cannot be kept in custody indefinitely when the right to speedy trial is a concomitant of Article 21 of the Constitution of India. Justice Subramonium Prasad observed thus:"When right to speedy trial is a concomitant of Article 21 of the Constitution of India, it can be presumed that one the facets would also be that the accused cannot...

Melting Of Temple Jewellery Sans Appointment Of Trustees: Madras High Court Seeks State's Response Within Three Weeks

In a batch of writ petitions regarding the melting of temple jewellery into gold bars under Gold Monetisation Scheme, the Madras High Court has granted three weeks time to the state to file its counter-affidavits.The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy has also allowed one of the petitioners to file a rejoinder affidavit. In...

Allahabad High Court Refuses To Quash FIR Over Circulation Of Video Calling 'Hazrat Adam' As Father Of Hindus

The Allahabad High Court on Tuesday refused to quash a First Information Report (FIR) registered over the circulation of a video on Facebook, wherein an anonymous Maulana was seen as saying that 'Hazrat Adam is the father of the Hindus'.Having perused the contents of the FIR, the Bench of Justice Ashwani Kumar Mishra and Justice Ajai Tyagi found that prima facie a cognizable offence was...

BREAKING| Hijab Ban: Karnataka High Court Full Bench To Hear Muslim Students' Plea Tomorrow At 2.30 PM

A Full Bench of the Karnataka High Court will hear tomorrow the petitions challenging the ban of hijab (head scarf) in colleges.Today, a single bench of Justice Krishna S Dixit had referred the petitions filed by Muslim girl students to a larger bench, observing that important questions relating to constitutional rights and personal law are involved.A bench comprising Chief Justice Ritu...

Sachin Waze Writes To Enforcement Directorate To Be Declared Approver In Money Laundering Case Against Anil Deshmukh

Dismissed Mumbai Police officer Sachin Waze has written to the Enforcement Directorate seeking to be declared an approver in the money laundering case against former Maharashtra Home Minister Anil Deshmukh. "I am willing to make truthful and voluntary disclosure of entire facts known to me regarding above referred matter before a competent magistrate. I request you to kindly treat...

Service Of Herbal Hookah Permitted Subject To Adherence With COVID-19 Protocol: Delhi Govt To High Court

The Delhi Government on Wednesday told the Delhi High Court that the service of herbal hookah in restaurants and bars in the city is permitted subject to compliance and adherence to the COVID-19 protocol and conditions. A single bench of Justice V Kameswar Rao was dealing with a petition filed by M/S Punter House Cafe which had impugned the ban of serving of herbal hookahs in restaurants and...

'Period Of 4-6 Weeks Was Only Suggestive': Calcutta High Court Dismisses Contempt Petition Against SEC Regarding Postponement Of 4 Civic Polls

The Calcutta High Court has dismissed a contempt petition filed against the State Election Commission (SEC) alleging that it had failed to comply with an earlier order of the Court directing the SEC to consider postponing elections to four municipal corporations for a short period of 4 to 6 weeks in the wake of the rising number of Covid-19 cases. The Court vide order dated January 14...

Order XIV Rule 2 CPC - Issue Of Limitation Cannot Be Decided As Preliminary Issue If It Is Not A Pure Question Of Law: Supreme Court

The Supreme Court observed that the issue of limitation cannot be decided as preliminary issue under Order XIV Rule 2 of the Code of Civil Procedure if it is not a pure question of law.Order XIV Rule 2(2) provides that if issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on an issue of law only, it may try...

"Expression Of Opinion Or Criticism Is Not Defamation": Newslaundry Tells Delhi High Court In TV Today's Suit

Online news portal Newslaundry on Wednesday told the Delhi High Court that expression of an opinion does not amount to defamation, thereby opposing the Rs. 2 crores copyright infringement and defamation suit filed against it by TV Today, which owns channels India Today and AajTak.Senior Advocate Saurabh Kirpal appearing for Newslaundry today made three fold submissions before a single bench...

CUSAT Statute 18 - Teacher Who Declines To Be HOD In First Rotation Not Barred From Appointed As HOD In Second Rotation : Supreme Court

The Supreme Court has observed that under Statute 18 framed by the Kerala Government which envisages the appointment of Director/HOD of Cochin University a teacher who was being considered for HOD on a rational basis would not be prohibited from being considered for appointment when second rotational term becomes due if he/she during the first term makes a request of being relieved from...

Objections Against Enforcement Of Foreign Arbitral Award Can't Be Filed In A Piecemeal Manner: Delhi High Court Imposes 1 Lakh Cost

The Delhi High Court has held that a Judgement Debtor cannot be permitted under Section 48 of the Arbitration and Conciliation Act, 1996, to file its objections against enforcement of an arbitral award in a piecemeal manner. Justice Vibhu Bakhru held,"The respondent cannot file its opposition in a piecemeal manner. It is seen that the present petition was filed in the year 2018 and...