Supreme court
Even In PMLA, Bail Is The Rule & Jail Is The Exception : Supreme Court
Even in the Prevention of Money Laundering Act (PMLA), bail is the rule and jail is the exception, held the Supreme Court in a judgment delivered today.A bench comprising Justices BR Gavai and KV Viswanathan held so while allowing bail to an accused in a money laundering case. The bench held that Section 45 of the PMLA only lays down that the grant of the bail would be subject to the...
Very Unfortunate That People Have To Come To Supreme Court For Bail Even In Magistrate Triable Case: Supreme Court
The Supreme Court on Tuesday (August 27) granted bail to a man accused of forgery and cheating, who had been in custody since May 4, 2023, noting that the charges had not been framed yet and he had been either acquitted or the case against him had been quashed in nine out of fourteen antecedents against him.After dictating the order, Justice Oka orally remarked, “Very unfortunate that...
Some Explanation Expected From Registry When Case Isn't Listed Despite Specific Direction : Supreme Court
The Supreme Court on Tuesday (August 27) observed that the Registry must provide reasons if a case explicitly ordered to be listed by the Court on a particular date is not listed on that date.A bench of Justice Abhay Oka and Justice Augustine George Masih stated this after the counsel for one of the parties in a case related to a property dispute informed that Court that an SLP which...
Can't Deny Benefit Of First Proviso To S.45 PMLA Merely Because A Woman Is Well-Educated Or An MP/MLA : Supreme Court In K Kavitha Case
The Supreme Court today (on August 27), while granting bail to Bharat Rashtra Samithi leader K Kavitha, took exception to the observations made by the Delhi High Court that the the benefit of the first proviso to Section 45 of the Prevention of Money Laundering Act cannot be granted to Kavitha since she was a well-educated and a politically accomplished woman. The proviso, which...
Supreme Court Directs MoRTH To Create Portal And Toll-Free Number For National Highway Encroachment Complaints
The Supreme Court of Tuesday (August 27) directed the Ministry of Road Transport and Highways (MoRTH) to establish a portal and a toll-free number for citizens to lodge complaints about encroachments on National Highways.A bench of Justice Abhay Oka and Justice Augustine George Masih passed the order in a writ petition by one Gyan Prakash Mishra highlighting the issue of encroachment...
Judicial Officers' Pay | Supreme Court Directs States & UTs To Disburse Funds Within 4 Weeks From Lodging Of Claims On SNJPC Proposals
The Supreme Court today (August 27) directed the States and Union Territories to disburse the funds within 4 weeks from the date of claims raised by Judicial Officers for clearance of arrears and allowances as per Court's earlier directions.The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra was hearing the issue of non-compliance with the directions of payment...
Supreme Court Grants Bail To K Kavitha In Liquor Policy Case, Questions Fairness Of CBI/ED Investigation
The Supreme Court, on Tuesday(August 27), granted bail to Bharat Rashtra Samithi leader K Kavitha in the money laundering and corruption cases related to the alleged Delhi liquor policy scam.A bench comprising Justices BR Gavai and KV Viswanathan, during the hearing, questioned the fairness of the prosecution agency (CBI/ED) and criticised their selective approach in treating some accused...
Duty Of Every Arbitral Tribunal & Court To Examine What The Contract Provides : Supreme Court
The Supreme Court recently emphasised that the courts and arbitral tribunals have the duty to examine the contract clauses in proceedings concerning arbitration.While upholding Calcutta High Court's decision to set aside the arbitrator's decision to award the amount for loss due to idle machinery and labour despite it being prohibited under the contract, the Court said : “In fact,...
'Similarly Placed Employees Discriminated' : Supreme Court Directs Regularization Of Worker Who Served For 30 Years
The Supreme Court recently granted the relief of regularization to a woman engaged as "water woman" (sweeper) with the Posts and Telegraph Department, Gujarat, who served the Department for over 30 years but was not regularized, even though another similarly placed woman employee was conferred the benefit.Opining that the Department discriminated between two similarly placed employees, a bench...
Employees Governed By Different Rules & Having Different Duties Can't Claim Parity Merely Based On Same Qualification: Supreme Court
The Supreme Court (recently on August 22) observed that a different set of employees, who are governed by different set of rules and have different duties, are not entitled to benefits extended to another group of employees merely because they obtaining the same qualification. Briefly put, the facts of the present case revolved around a letter issued by the Indian Council of...
Use Of Artificial Yellow Colouring 'Tartrazine' In Permitted Food Items Not Offence Of Adulteration : Supreme Court
The Supreme Court in its recent order has held that the use of artificial yellow food coloring- Tartrazine in food items like Dal Moong Dhuli cannot penalized as an offence under the Prevention of Food Adulteration Act, 1954 (PFA Act). The bench of Justices BV Nagarathna and NK Singh held the conviction of the appellant as erroneous, since the use of Tartrazine was permitted under the...