Supreme Court Weekly Round-Up (2nd- 8th Oct, 2023)

Judgments/OrdersMere Non-Cooperation To ED Summons Not A Ground For Arrest Under PMLA; ED Can't Expect Admission Of Guilt From Person Summoned: Supreme CourtCase Title: Pankaj Bansal v. Union of India, Basant Bansal v. Union of India Citation: 2023 LiveLaw (SC) 844; 2023INSC866In a significant judgment, the Supreme Court has ruled that a person cannot be arrested by the Directorate of Enforcement for mere non-cooperation in response to a summons issued under Section 50 of the Prevention of Money Laundering Act 2002."Mere non-cooperation of a witness in response to the summons issued under Section 50 of the Act of 2002 would not be enough to render him/her liable to be arrested under Section 19", held a bench comprising Justices AS Bopanna and PV Sanjay KumarWhy ED Must Furnish Grounds Of Arrest To Accused In Writing? Supreme Court ExplainsCase Title : Pankaj Bansal v. Union of India, Basant Bansal v. Union of IndiaCitation: 2023 LiveLaw (SC) 844; 2023INSC866In a landmark judgment in the case Pankaj Bansal v. Union of India, the Supreme Court has held that the Directorate of Enforcement (ED) must furnish the reasons for arrest to the accused in writing.While holding so, the bench comprising Justices AS Bopanna and PV Sanjay Kumar, noted that Section 19 of the Prevention of Money Laundering Act, which gives the power to officers of ED to arrest any person guilty of a money laundering offense, uses the expression that the accused shall be ‘informed of the grounds of such arrest’. The Section did not specify how the grounds of arrest should be informed. This aspect was not dealt with in the recent Vijay Madanlal Choudhary and Senthil Balaji cases.ED Can't Be Vindictive, Grounds Of Arrest Must Be Furnished In Writing To Accused At The Time Of Arrest: Supreme CourtCase Title : Pankaj Bansal v. Union of India, Basant Bansal v. Union of IndiaCitation: 2023 LiveLaw (SC) 844In a significant judgment pronounced on Tuesday (October 3), the Supreme Court held that the Directorate of Enforcement (ED) should furnish the grounds of arrest to the accused in writing at the time of arrest."We hold that it would be necessary, henceforth, that a copy of written grounds of arrest is furnished to the arrested person as a matter of course and without exception." pronounced a bench comprising Justices AS Bopanna and Sanjay Kumar while setting aside the arrest of Pankaj Bansal and Basant Bansal in the money laundering case against the real estate group M3MOrders Extending Limitation Period During Covid-19 Also Apply To Period Up To Which Delay Can Be Condoned: Supreme CourtCase Title: Aditya Khaitan & Ors. V. IL and FS Financial Services LimitedCitation: 2023 LiveLaw (SC) 845The Supreme Court on Tuesday (03.10.2023) set aside an order of the Calcutta High Court that had refused to take on record a written submission on the ground of delay. The Apex Court held that the benefit of the series of orders passed by the Supreme Court in In Re: Cognizance for Extension of Limitation, extending the period of limitation in light of the Covid-19 pandemic, would enure to the benefit of the appellants who had challenged the High Court order. The Court clarified that the order passed by it on 08.03.2021 expanded the protection to litigants by making it applicable to the period up to which delay can be condoned and not just to the period of limitation.Article 142 Can't Be Invoked Against Statute' : Supreme Court Refuses To Extend Time Under SARFAESI Rules For Purchaser's DepositCase Title: Union Bank of India V. Rajat Infrastructure Pvt. Ltd. & OrsCitation: 2023 LiveLaw (SC) 846The Supreme Court on Wednesday (04.10.2023) held that the inherent powers of the Supreme Court under Article 142 of the Constitution of India though wide in its amplitude, cannot be exercised to supplant the substantive law applicable to the case or to the cause under consideration of the court.“It cannot be gainsaid that the court in exercise of powers under Article 142 cannot ignore any substantive statutory provision dealing with the subject. The plenary powers of the Supreme Court under Article 142 are inherent in nature and are complementary to those powers which are specifically conferred on the court by various statutes. These powers though are of a very wide amplitude to do complete justice between the parties, cannot be used to supplant the substantive law applicable to the case or to the cause under consideration of the court,” a bench of Justice Aniruddha Bose and Justice Bela M Trivedi observed.'Visitation In Court Premises Not In Child's Interest': Supreme Court Allows Father To Meet Child In MallCitation: 2023 LiveLaw (SC) 847In a matrimonial dispute related to a child's custody, the Supreme Court recently modified a condition imposed by the Family Court requiring the father to meet the child in the premises of the Court.Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established: Supreme CourtCase Title :...

Supreme Court Weekly Round-Up (2nd- 8th Oct, 2023)

Suraj Parmar

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