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In PMLA Cases, Courts Cannot Proceed On The Basis Of Preponderance Of Probabilities: Supreme Court
The Supreme Court has observed that in cases of PMLA, Court cannot proceed on the basis of preponderance of probabilities. It was also observed that it is incumbent upon the Court to look into the allegation and the material collected in support thereto and to find out whether the prima facie offence is made out. The Top Court had rendered this observation while considering a...
Senior Designation: Last Date For Applications Extended After SC's Order For Allocation Of One Mark Each For Every Year Of Practice From 10 to 20 Years
In view of Supreme Court's recent order directing High Courts to allocate one mark each for every year of practice between 10 years to 20 years to those who have applied for the senior designation, an extension has been notified for submissions of applications seeking conferment of senior designation Earlier, 10 marks flat were allocated to counsels who have put in 10-20 years...
Supreme Court To Take Up Regular Ready Hearing Matters During Summer Vacation If Both Sides Agree
With summer vacation at the Apex Court commencing from 23rd May 2022, the Supreme Court has notified that Regular Ready hearing matters will be taken up for hearing before the Vacation Benches from Monday to Friday.Only the matters from the notified subject categories will be taken up as per the guidelines and norms approved by the Chief Justice of India.Any Counsel and Party-in-Person...
"Group Of Companies" Doctrine Needs Relook, Says Supreme Court; Refers Issues To Larger Bench
The Supreme Court, on Friday, referred various aspects regarding the application of the doctrine of 'Group of Companies', which is often utilised to bind non-signatories to an Arbitration Agreement, to a larger Bench."There is a clear need for having a reÂlook at the doctrinal ingredients concerning the group of companies doctrine", observed a Bench comprising Chief Justice of India,...
BREAKING| Centre Notifies Appointment Of Justices Sudhanshu Dhulia & JB Pardiwala As Supreme Court Judges
The Centre today notified the appointment of Gauhati High Court Chief Justice Sudhanshu Dhulia and Gujarat High Court judge Jamshed Burjor Pardiwala as Supreme Court judges.On May 5, 2022, the Supreme Court collegium had recommended the elevation of Justices Sudhanshu Dhulia and Jamshed Burjor Pardiwala as Supreme Court judges.The 5-member collegium headed by Chief Justice of India NV Ramana...
CPI(M) Delhi State Committee Moves Supreme Court Against Demolition Drives In Different Areas Of South Delhi
The Delhi State Committee Communist Party of India (Marxist) has recently moved the Supreme Court challenging the 'illegal' demolition drive being undertaken in different areas of South Delhi. The petition has alleged the demolition to be 'illegal', 'inhuman' and 'in total violation of principles of natural justice, statutes and the Constitution under the guise of encroachment...
Justice UU Lalit Stresses Importance Of Knowledge About Comparable Laws From Other Countries As Well
4th May, 2022:Justice U. U Lalit of the Supreme Court inaugurated a Certificate Course on Comparative Constitutional and Public Law at the Indian Law Institute, New Delhi in association with the Commonwealth Legal Education Association (CLEA) and technical support from Menon Institute of Legal Advocacy & Training (MILAT). Mr R Venkataramani, Senior Advocate and former member of the...
Supreme Court Criminal Digest -April 2022
Arms Act, 1950; Section 27 - Supreme Court Patna High Court judgment which modified the judgment passed by the Trial Court convicting the appellants- accused under Section 307 read with Section 34 Indian Penal Code to Section 324 IPC and confirming their conviction under Section 27 of the Arms Act. Anuj Singh @ Ramanuj Singh @ Seth Singh v. State of Bihar, 2022 LiveLaw (SC)...
"Showing Undue Favour To A Party Worst Kind Of Judicial Dishonesty" : Supreme Court Upholds Disciplinary Action Against Judicial Officer
The Supreme Court on Friday upheld the disciplinary action taken against a judicial officer in Uttar Pradesh for passing orders to unduly favour certain parties.A division bench comprising Justices DY Chandrachud and Bela M Trivedi observed that "showing undue favour to a party under the guise of passing judicial orders is the worst kind of judicial dishonesty and misconduct"."A judge...
Power Of Arbitral Tribunal To Award Interest Is Discretionary & Subject To Agreement Between Parties: Supreme Court
The Supreme Court has held that the power of the arbitral tribunal to award interest is subject to an agreement between the parties to the contrary. The Court held that the tribunal cannot award interest if the parties have agreed otherwise. The Division Bench of Justice L. Nageshwar Rao and Justice B.R. Gavai held that when the parties have an agreement between themselves that...
Supreme Court Issues Notice In Plea Challenging The Vires Of Provisions Of Limitation Under NGT Act
The Supreme Court on Friday issued notice in a writ petition challenging the vires of provisions of limitation prescribed under Sections 14, 15 and 16 of National Green Tribunal Act, 2010. The matter was listed before the bench of Justices DY Chandrachud and Surya Kant. Senior Advocate Sanjay Parekh appeared for the petitioner and the petition was filed through Advocate...