PMLA - Quashing Of Provisional Attachment Will Not Impact Adjudication Proceedings Before Adjudicating Authority : Supreme Court

The Supreme Court has observed that High Court's order of setting aside the provisional attachment order does not per se nullify the adjudication proceedings under Prevention of Money Laundering Act, 2002 ("PMLA") and that the Adjudicating Authority can proceed for taking it to its logical end in accordance with law.The bench of Justices AM Khanwilkar and CT Ravikumar was considering a...

Hijab Row: PIL In Supreme Court Seeks Common Dress Code In Educational Institutions

In the backdrop of protests against the hijab ban in colleges in Karnataka, a law student has moved the Supreme Court seeking directions to the Centre and States to strictly implement Common Dress Code in registered and State recognized Educational Institutions. The direction has been sought in order to secure social equality, assure dignity and promote fraternity, unity and...

NEET PG 2022 : Plea In Supreme Court Seeks Clarity On Applicability Of EWS Criteria

NEET PG 2022 aspirants have approached the Supreme Court seeking clarity in the information bulletin for NEET PG 2022-23 regarding the applicability of EWS criteria for 2022-23.It has been argued in the petition that it would be unfair to accept the candidates to choose EWS category as per the criteria set out in the OM of 2019 when the issue is sub judice before the Top Court. The bench...

Supreme Court Monthly Digest: January 2022 [Citation: 2022 LiveLaw (SC) 1 To 2022 LiveLaw (SC) 106]

1. Employee Who Refuses Promotion Offer Not Entitled To Financial Upgradation Merely Because She Suffered Stagnation : Supreme CourtCase Title: Union of India v. Manju AroraCitation: 2022 LiveLaw (SC) 1The Supreme Court observed that if a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be entitled to...

Application To Correct Decree Can Be Maintained Only Before High Court Once Trial Decree Merges With HC Judgment: Supreme Court

The Supreme Court has observed that in cases where the decree passed by the trial court merges with judgment and decree passed by the High Court, then the application for correction of decree can only be maintained before the High Court where the decree was confirmed.The bench of Justices AM Khanwilkar and CT Ravikumar was considering SLP assailing Karnataka High Court's order dated June...

Land Acquisition Act 1894 - Injurious Affection To Property May Stand On A Different Footing From Injurious Affection To Earnings : Supreme Court

While dealing with section 23(1)(iv) of Land Acquisition Act, 1894 ("Act") the Supreme Court has observed that injurious affection to property, in any other manner, may stand on a different footing from injurious affection to earnings.The bench of Justices Hemant Gupta and V Ramasubramanian was considering a civil appeal assailing Bombay High Court's order of modifying the award of the...

Section 17A of Prevention of Corruption Act Not Retrospective; Not Applicable To FIRs Before 2018 Amendment: Supreme Court

The Supreme Court has observed that Section 17A of the Prevention of Corruption Act, 1988 ("PC Act") is not retrospective in nature. Section 17A of the Act came into force on 26th July 2018, and provides that there cannot be any enquiry, inquiry, investigation without prior approval of the appropriate authority. Justice Indira Banerjee and Justice J.K. Maheshwari, while allowing...

Supreme Court To Hear Appeal Challenging Madras High Court Order Quashing Criminal Proceedings Against Thiru Senthil Balaji In 2015 Job Scam Case

On Friday, the Supreme Court agreed to hear a plea challenging the order of the Madras High Court, which quashed the criminal proceedings against four accused, including Thiru Senthil Balaji in the 2015 Job Scam, whereby the accused persons took bribe from job aspirants on the false promise of appointment to the Metro Transport Corporation ("MTC") in various posts. Upon...

Cannot Grant Any Credence To Compromise Entered Into After Conviction: Supreme Court Dismisses SLP Filed By Man Convicted U/Sec 354 IPC

Bimal Chandra Ghosh vs State of Tripura 2022 LiveLaw (SC) 157

Section 482 CrPC - 'There Has To Be Some Factual Supporting Material For FIR Allegations': Supreme Court Quashes Criminal Proceedings

At least there has to be some factual supporting material for what has been alleged in the FIR, the Supreme Court observed while quashing criminal proceedings against a woman.The case of the complainant as recording in the FIR was as follows: The accused entered into marriage with the complainant's brother on 11th December, 2016, and thereafter she started to harass his late...

Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court

The Supreme Court observed that a High Court, while exercising its powers of judicial review, is not required to re-appreciate the evidence and/or interfere with the findings recorded by the inquiry officer accepted by the disciplinary authority.In this case, the appellant was serving as a Branch Officer of a Bank. A complaint was made against him by one borrower of the Bank ...

"You Are The Complainant, Prosecutor, and Adjudicator": Supreme Court Pulls Up UP Govt. For Acting On Recovery Notices To Anti-CAA Protestors

"Now, there is no provision in the new law for the transfer of cases which were decided! And no provision for appeal under the new Act! These poor people, whose properties have been attached, will have no remedy!... You have to follow due process of law. Ultimately, there has to be some guarantee of due process also", said the Court