Delhi High Court Declines To Issue Notice On Plea Seeking Declaration Of PM CARES Fund As "State" Under Constitution, Lists In April

A division bench of the Delhi High Court today said that it was not inclined to issue notice on a plea seeking declaration of the Prime Minister's Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund as an authority falling under the definition of "State" under Article 12 of the Constitution of India. However, it listed the case for hearing April, with another pending...

Blanket Order Of Protection From Arrest Cannot Be Passed By High Court While Dismissing A Petition U/s 482 CrPC: Supreme Court

The Supreme Court observed that a blanket order of protection from arrest cannot be passed by the High Court while dismissing a petition filed under Section 482 of Code of Criminal Procedure seeking quashing of FIR.The issue raised in this appeal was whether the High Court of Andhra Pradesh was justified in passing a blanket direction restraining the police from arresting the accused while at...

Publication Of Swapna Suresh's Sec 164 Statement : Kerala Advocate General Issues Notice To Customs Commissioner In Plea Seeking Sanction For Contempt

The Advocate General of Kerala CP Sudhakara Prasad has issued notice to the Customs Commissioner Sumit Kumar on a petition seeking sanction to initiate criminal contempt of court action over the publication of statements of smuggling accused Swapna Suresh, recorded under Section 164(1) of the CrPC.Swapna Suresh had purportedly implicated the Chief Minister, ministers, the Speaker and others...

Former J-K CM Mehbooba Mufti Moves Delhi High Court Challenging ED Summons Under PMLA

Former Chief Minister of the state of Jammu and Kashmir, Mehbooba Mufti has moved the Delhi High Court seeking quashing of summons issued to her by the Enforcement Directorate under the Prevention of Money Laundering Act, 2002 (PMLA). Mufti has claimed in her petition that she received the summons on her personal email ID from the official email ID of the Assistant Director,...

Hybrid Hearings To Be Exception Not The Norm: Delhi Courts To Resume Physical Functioning In Full Swing From Mar 15

Responding to a petition seeking abeyance of physical hearings till the administration of Covid-19 vaccination to lawyers, the Delhi High Court today directed that all Delhi courts will begin physical functioning in full swing from Mar 15, and that hybrid hearing mode though available will only be allowed in exceptional cases.The Division Judge bench of Justices Vipin Sanghi and Rekha Palli...

Will Not Take Any Coercive Action Against Former AMU Student Leader Sharjeel Usmani Till March 15: Govt Tells Bombay HC

The Maharashtra State government orally assured the Bombay High Court on Tuesday that it would not take coercive action against Former Aligarh Muslim University (AMU) student leader Sharjeel Usmani in the 2021 Elgaar Parishad case, till Monday. A division bench of Justices SS Shinde andJustices SS Shinde orally also asked Usmani to ensure he co-operates with the investigation. He has...

Section 313 CrPC Statement By Accused Is Not A Substantive Evidence To Rebut Presumption Under Section 139 NI Act: Supreme Court

The statement of the accused recorded under Section 313 of the Code of Criminal Procedure is not a substantive evidence of defence to rebut the presumption under Section 139 of the Negotiable Instruments Act that the cheques were issued for consideration.In this case, the bench comprising Justices Indu Malhotra and Ajay Rastogi was considering an appeal against the judgment of...

"Menstruation Stigmatized In Our Society, No Reason To Call Menstruating Women Impure": Gujarat High Court

The Gujarat High Court's recent 15-page order proposing to prohibit social exclusion of women based on their menstrual status at all private and public place sets out the ways in which Menstruation has been understood by the Society and across religions. The Plea before the CourtThe Bench of Justice J. B. Pardiwala and Justice Ilesh J. Vora was hearing public interest litigation...

ADR Moves Supreme Court Seeking Stay On Further Sale Of Electoral Bonds Ahead Of Assembly Elections In Kerala, West Bengal, TN Etc.

Citing 'serious apprehension' that any further sale of Electoral Bonds before the upcoming state elections in West Bengal, Tamil Nadu, Kerala and Assam, would further increase illegal and illicit funding of political parties through shell companies, the Association for Democratic Reforms has moved the Supreme Court seeking stay on further sale of EBs. The application for directions...

"You Don't Look At Your Earnings In Becoming A Judge, It Is Tremendous Job Satisfaction To Provide Permanent Commission For 365 Lady Officers": Justice Chandrachud

"I have never thought twice about my choice (of moving to the bench from the bar). You see the kind of work that we do, it is mostly routine work, especially on Mondays and Fridays. But in the life of a judge, it is about the tremendous satisfaction that we get from the job", remarked Justice DY Chandrachud on Tuesday.The comment came in the course of the matter regarding grant of...

Criminal Case Ought To Be Inquired And Tried Ordinarily Where The Cause Of Action Has Accrued: Supreme Court

The Supreme Court reiterated that a criminal case ought to be inquired and tried ordinarily where the cause of action has accrued.The bench comprising Justices Ashok Bhushan and Indu Malhotra observed thus while dismissing a transfer petition filed by accused seeking transfer of criminal case from the Court of Metropolitan Magistrate at New Delhi to the Court of Metropolitan Magistrate...

Exercise Restraint If Sri Lankan Fishermen Stray Into Indian Waters, Persuade Lankan Authorities To Do Same In Case Of Indian Fishermen: Madras HC To UOI

Indian fishermen should be educated and, if necessary, gadgets installed that sound an alarm ahead of the international maritime boundary line so that accidental overstepping across the Indian waters do not take place: Madras High Court