While Returning Deposit Of Auction Purchaser, Should Bank Pay Same Interest Rate Which Is Charged From Borrower? Supreme Court To Decide

The Supreme Court is set to examine whether while returning money deposited by the highest bidder, in an auction sale conducted by the bank, the rate of interest should match with the rate that the bank is charging from the borrower.The matter was placed before Justices Sajiv Khanna and S.V.N. Bhatti. In the present case, the petitioner was the highest bidder in an auction sale of a...

CrPC Amendment Allowing Electronic Service Of Summons Notified In Kerala

Kerala Government has notified the Code of Criminal Procedure (Kerala Second Amendment) Act, 2023 providing for summons to be served electronically, in addition to the other modes. The Bill amends Sections 62 and 91 of the Code of Criminal Procedure (Cr.P.C.), which stipulates the procedure for serving summons, and summons to produce document or other thing, respectively. The Bill was sought...

Marriage Equality Petitioners Seek Open Court Hearing Of Review Petition; CJI Agrees To Consider

In another development in the pleas concerning marriage equality in India, the petitioners who recently filed a review petition against the Constitution Bench judgement of the Supreme Court which refused to grant legal recognition for queer marriages in India, sought for an open court hearing of the review pleas.The matter was mentioned by Senior Advocate Mukul Rohatgi before the bench...

PMLA Judgment Reconsideration : Live Updates From Supreme Court [Day 2]

The SupremeCourt will continue hearing a batch of applications seeking reconsideration of its judgment in Vijay Madanlal Choudhary which upheld the constitutional validity of several PMLA provisions relating to arrest, search and seizure, etc.A bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna and Bela M Trivedi is hearing the matter. Yesterday, Senior Advocate Kapil Sibal...

Marriage Equality Judgment A First Step ; Supreme Court Could Have Given A Timeframe For Centre's Committee : Senior Advocate S Muralidhar

In a panel discussion on the future of marriage equality in India organised by Caucus, a discussion forum of the Hindu College, Senior Advocate (Retd Justice) S Muralidhar stated that the recent judgement in Supriyo v Union of India was a first step in the larger process. He added that the Central Government could have been directed to come out with a Committee Report on the issue of...

Is Same Day Sentencing In Death Penalty Cases Proper? Supreme Court To Hear The Matter In January 2024

The Supreme Court today (22.11.2023) decided to list in January 2024 the petitions pertaining to whether same-day sentencing could be permissible in the cases of capital punishment or death penalty. The bench led by CJI DY Chandrachud stated that the registry shall notify the exact date of hearing in the matter in January 2024. It may be recalled that earlier, a bench comprising the then CJI...

'Affects Right To Liberty' : Kapil Sibal Urges Supreme Court To Reconsider PMLA Judgment Upholding ED's Powers

Senior Advocate Kapil Sibal on Wednesday (November 22) urged the Supreme Court to refer to a larger bench to reconsider its Vijay Madanlal Choudhary ruling, which is known for bolstering the powers of the Directorate of Enforcement (ED). Raising concerns about the wide-ranging powers of the central agency, the senior counsel said – “The issues involved are very serious and affect...

LMV License Issue : Supreme Court Says 'Mukund Dewangan' Decision Will Continue To Apply While Reference Is Pending

A Supreme Court Constitution Bench today (22.11.2023) directed that the decision in its 2017 judgement of Mukund Dewangan v. Oriental Insurance Company Limited will continue to hold field during the pendency of reference on the issue related to "Light Motor Vehicle" (LMV) driving license requirements for transport vehicles.The issue before the Constitution Bench comprising Chief Justice of...

ED Can't Invoke PMLA Using Section 120B IPC When Conspiracy Is Not Related To Scheduled Offence : Justice Sanjiv Khanna

Supreme Court Judge Justice Sanjiv Khanna observed that the Enforcement Directorate cannot invoke the Prevention of Money Laundering Act (PMLA) against an accused citing Section 120B of the Indian Penal Code (which deals with the offence of criminal conspiracy), if the alleged conspiracy is not related to a scheduled offence under the PMLA.The bench comprising Justices Sanjay Kishan Kaul,...

PMLA Judgment Reconsideration : Live Updates From Supreme Court Hearing

The Supreme Court will hear today a batch of applications seeking reconsideration of its judgment in Vijay Madanlal Choudhary v. Union of India which upheld the constitutional validity of several provisions of the Prevention of Money Laundering Act (PMLA) relating to arrest, search and seizure by the Enforcement Directorate (ED), the stringent bail conditions and the reversal of burden of...

My Transfer To Allahabad High Court By Collegium In 2018 Was Ill-Intended, To Harass Me: Retiring CJ Pritinker Diwaker

Retiring Chief Justice of Allahabad High Court Justice Pritinker Diwaker on Tuesday said that his transfer from Chhattisgarh High Court to the Allahabad High Court by the Collegium led by then CJI Deepak Misra in 2018 was "ill-intended" and meant to "harass" him.“My transfer order seems to have been issued with an ill intention to harass me," Justice Diwaker said adding "however, as...

Following Closure Of Bribery Case, Advocate Saiby Jose Kidangoor Reinstated As President Of Kerala High Court Advocates Association

The Executive Committee of the Kerala High Court Advocate Association (KHCAA) has unanimously decided to appoint Advocate Saiby Jose Kidangoor as their President. The Executive Committee has taken this decision today based on Rule 12 of the KHCAA bye-law. As per Rule 12 of the bye-law, when there is a casual vacancy in the Executive Committee, they can fill up the vacancy by Co-option from...