PMLA Accused Can't Be Arrested After Special Court Has Taken Cognizance Of Complaint : Supreme Court Expresses Prima Facie View

Update - Final judgment on this issue delivered on May 16, 2024- ED Cannot Arrest Accused After Special Court Has Taken Cognizance Of PMLA Complaint : Supreme CourtIn a case under the Prevention of Money Laundering Act (PMLA), the Supreme Court has taken up the issue as to whether an accused person can be arrested by authorities once cognizance is taken by the Special Court under Section 44...

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 19 to 24]

Administrative LawWhile the primary duty of constitutional courts remains the control of power, including setting aside administrative actions that may be illegal or arbitrary, it must be acknowledged that such measures may not singularly address repercussions of abuse of power. It is equally incumbent upon the courts, as a secondary measure, to address the injurious consequences arising...

Going To Resign As Judge, Would Like To Enter Political Arena: Justice Abhijit Gangopadhyay Tells Local News Outlet

In a remarkable development, Justice Abhijit Gangopadhyay of the Calcutta High Court has told local news outlet ABP Ananda in an exclusive interview that he plans on resigning from his post as judge on Tuesday, 5th March 2024.Justice Gangopadhyay in his interview with the Bengali news outlet has thanked the ruling dispensation of the Trinamool Congress (TMC) for repeatedly challenging him...

'Rs 15K Monthly Pension For Retired HC Judge Arbitrary' : Ex-HC Judge Moves Supreme Court To Fix Pension Adding Service As Judicial Officer

A former High Court judge has approached the Supreme Court contending that the length of service as a Judicial Officer before elevation to the High Court has to be added to the length of service as the High Court Judge for the computation of pension and other retiral benefits.The petitioner, among other reliefs, sought a declaration that retired judges are entitled to addition of the length...

Supreme Court Weekly Round-Up (26th February-02 March, 2024)

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and also the...

Supreme Court To Hear In March Plea Relating To Rohingya Refugees

The Supreme Court (on February 29) said that it will hear the Writ Petition, seeking the release of illegally detained Rohingya refugees in India, in March. The petition filed by Priyali Sur, an independent multimedia journalist, pleaded that despite the background of persecution and the discrimination that Rohingyas have fled, in India, they are officially labeled...

Judges Should Not Consider Their Judicial Power To Be Unaccountable : Senior Adv S Muralidhar

Speaking at a seminar organized by the All India Lawyers Union – Chennai District Committee, Senior Advocate and former Chief Justice of Orissa High Court Justice Dr S Muralidhar said that there was a correlation between the working hours of the courts and the disposal of cases. Muralidhar added that merely increasing the number of judges would not solve the problem of...

Armed Forced Tribunal Launches Official Website For Chandigarh Bench

The Armed Forces Tribunal (AFT) principal bench Chairperson Justice Rajendra Menon, former Chief Justice, High Court of Delhi, launched the AFT Chandigarh regional bench website on Friday.The website of AFT, Chandigarh will be a repository of all data related to cases instituted, pending and disposed of by the Tribunal. On a click of a button, case-related information viz. daily cause...

I Want To Hear From District Judges Why “Bail Is The Rule” Principle Is Losing Ground : CJI DY Chandrachud

In his inaugural address at the All India District Judges Conference held in Kachchh on March 2, Chief Justice of India, DY Chandrachud, expressed concern over the apparent reluctance of district courts to entertain matters concerning personal liberty. Noting a departure from the longstanding principle that "bail is the rule, jail is the exception," he highlighted the increasing number of...

Supreme Court Denies Specific Performance To Plaintiff Who Made False Statements, Calls Relief Discretionary & Equitable

While denying a plaintiff's plea for specific performance on account of false/incorrect statements made by him, the Supreme Court recently held that grant of a decree for specific performance under Section 20 of the Specific Relief Act, 1963 is discretionary and equitable."The exercise of discretion depends on several factors. One of the factors is the conduct of the plaintiff. The reason is...

Parliament Should Consider Amending Arbitration Act To Prescribe Limitation Period To File S.11 Application : Supreme Court

In a recent verdict, the Supreme Court delved into the crucial question of whether the Limitation Act, 1963 is applicable to applications for the appointment of arbitrators under Section 11(6) of the Arbitration and Conciliation Act, 1996. The court highlighted the absence of a statutory prescription regarding the time limit for such applications and expressed concerns about the unduly...

Defamation Suit: Delhi Court Directs Bloomberg To Take Down Article On Zee

A Delhi Court yesterday directed media platform “The Bloomberg” to take down an allegedly defamatory article on Zee Entertainment Enterprises Limited. Additional District Judge Harjyot Singh Bhalla of Saket Courts passed the order in a defamation suit filed by Zee Entertainment against Bloomberg Television Production Services India Private Limited, the company which manages the online...