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Cancerous To The Justice Delivery System If Hostile Witnesses Believe They Are Beyond The Rule Of Law: Bombay High Court
The Aurangabad Bench of the Bombay High Court in a recent order observed that the courts cannot "turn a blind eye to the menace of hostile witnesses," while directing the trial court to take action against five witnesses whose evidence resulted in the acquittal of a 75-year-old woman. A division bench of Jusitces Ravindra Ghuge and BU Debadwar said that even though respect for the...
Delhi High Court Issues Notice On Plea Seeking Disbursement Of Salaries Of Sanitation Workers
The Division Bench of Chief Justice DN Patel and Justice Jyoti Singh has issued notice on a plea seeking directions to pay salaries of sanitation workers of Delhi till January 2021.Filed one by Harnam Singh, the plea seeks prayers against the Delhi government, the National Commission for Safai Karamcharis and the Delhi Commission for National Karamcharis. The Central government has also been...
Gold Smuggling With Intent To Threaten Economic Security Of Country A 'Terrorist Act' Under UAPA : Rajasthan High Court
The Rajasthan High Court has observed that the offence of gold smuggling with the intent to threaten or likely to threaten the economic security of the country covered under the definition of 'terrorist act' under Section 15 of the Unlawful Activities Prevention Act, 1967(UAPA).The Court said that such an activity will come under Section 15(I)(iiia) of the Act.Section 15(I)(iiia) of UAPA...
CBI's Power To Investigate Beyond 'Railway Areas' Subject To Specific Consent By State Govt : Calcutta High Court
In an interesting Judgment, the Calcutta High Court on Wednesday (03rd February) ruled that the authority of the CBI to investigate into the allegations in a particular case within Railway areas remains unfettered by the withdrawal of consent by the State Government. The Single Bench of Justice Sabyasachi Bhattacharyya further observed that the extension of powers of the CBI in respect...
Migration From Unrecognised Medical College To Recognised One Restricted By MCI Regulations: Supreme Court
The Supreme Court on Tuesday held that migration cannot be permitted from an unrecognised medical college to a recognised medical college in view of Regulation 6 of the Medical Council of India Regulations on Graduate Medical Education, 1997. The bench of Justices L. Nageswara Rao and Indira Banerjee were hearing the MCI's challenge to a September, 2020 Rajasthan High Court...
Creditor Will Not Become 'Financial Creditor' Under IBC If A Corporate Debtor Has Only Given Security By Pledging Shares, Without Undertaking To Discharge Borrower's Liability: Supreme Court
The Supreme Court has held that if a corporate debtor has only offered security by pledging shares, without undertaking to discharge the borrower's liability, then the creditor in such a case will not become 'financial creditor' as defined under the Insolvency and Bankruptcy Code(IBC).The Court held that such a creditor could be a secured creditor but will not be a financial creditor under...
Former ICICI Bank MD And CEO Prima Facie Misused Her Official Position : PMLA Court Summons Chanda Kochhar And Husband
Former ICICI Bank MD and CEO Chanda Kochhar had prima facie misused her official position in granting loans to accused Videocon group of companies and received illegal gratification, through her husband Deepak Kochhar, a special court observed while taking cognisance of the investigation complaint filed by the Enforcement Directorate in the multi-crore scam under the Prevention of...
Can Defaulting Promoter, Disqualified From Submitting Resolution Plan, Propose Scheme For Compromise? Supreme Court To Examine
'Whether the Promoter is eligible to file an application for Compromise and Arrangement under section 230 of the Companies Act, while he is ineligible under Section 29A of the I&B Code to submit a 'Resolution Plan'?, the Supreme Court on Wednesday agreed to examine.Section 230 of the Companies Act, 2013 provides for a scheme of compromise or arrangement (including a reorganisation of...
SEBI Penalizes Future Corporate For Insider Trading; Bars Founder Kishore Biyani From Securities Market For One Year
The Securities and Exchange Board of India has penalized Future Corporate Resources Pvt Ltd, Kishore Biyani and Anil Biyani, founder and co-founder of Future group respectively, and five others for insider trading.Future Corporate Resources Pvt Ltd(FCRL), Kishore Biyani, Anil Biyani and five others have been prohibited from dealing in securities market for a period of one year.Further,...
'Belief Of Commission Of Act Of Money Laundering' Has To Be Recorded Before Directing Freezing Of Bank Accounts Under PMLA: Supreme Court
The Supreme Court observed that, before directing freezing of bank accounts under Prevention of Money Laundering Act, the Authority has to record the belief of commission of the act of money laundering.In this case, Deputy Director, Directorate of Enforcement through the communication addressed to the Anti Money Laundering Officer of some Banks instructed them that ...
"Though Breaking Open University Gate Questionable, But Act Connected To Official Duties": Delhi Court Dismisses Plea By Jamia Millia Islamia Seeking FIR Against Police
""Though it could be argued that while so acting, the police/ respondents had allegedly exceeded their jurisdiction and used more force than necessary in some instances, it cannot be said, by any stretch of imagination, that the said acts allegedly committed by the respondents were wholly unconnected to their official duty."