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Writ Petition By Employees Against Air India Not Maintainable After Its Privatisation: Supreme Court
The Supreme Court (today, May 16) affirmed the Bombay High Court's order that the writ petitions filed by employees against Air India Limited (AIL) would no longer be maintainable due to AIL's subsequent privatisation. The petitions raised issues related to non-promotion and stagnation in pay. The judgment orally pronounced by the Bench of Justices BR Gavai and Sandeep Mehta...
Supreme Court Adjourns Bail Plea Of Former TN Minister Senthil Balaji Till July 10
The Supreme Court today (May 16) has relisted to July 10 the bail plea of former Minister Senthil Balaji after adjournment was sought on behalf of the Solicitor General (SG) Mr Tushar Mehta as he was engaged in the matter of CM Kejriwal before the bench led by Justice Sanjiv Khanna. The MLA and former Minister has challenged a Madras High Court order denying him bail in a money laundering...
Supreme Court Weekly Digest With Subject /Statute Wise Index [April 14 to 20]
SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 2Citations 2024 LiveLaw (SC) 291 to 2024 LiveLaw (SC) 310Arbitration and Conciliation Act. 1996Section 34 & 37- Scope of interference of courts with arbitral awards – A judgment setting aside or refusing to set aside an arbitral award under Section 34 is appealable under Section 37. The jurisdiction under Section 37 is akin to the jurisdiction...
Supreme Court Adjourns Bail Plea Of Bhima Koregaon Case Accused Jyoti Jagtap To July
The Supreme Court today (on May 16) has adjourned the bail plea of activist and Bhima Koregaon case accused Jyoti Jagtap to July. It may be noted that the plea for interim bail was listed before the three-judge Bench of Justices Sanjiv Khanna, MM Sundresh, and Bela M Trivedi yesterday. However, it was re-listed for today. Today, the matter was before the Bench of Justices MM...
PMLA Accused Need Not Fulfill S.45 Conditions When Furnishing Bond After Appearing Before Trial Court As Per Summons : Supreme Court
In a notable judgment, the Supreme Court held that when an accused in a case under the Prevention of Money Laundering Act, 2002 (PMLA), who appears before the Special Court pursuant to a summons issued to him, it cannot be considered that he is in custody. Therefore, such an accused is not required to apply for bail under Section 45 of the PMLA.The Special Court can however ask such an accused...
Arvind Kejriwal's Plea Against ED Arrest : Live Updates From Supreme Court Hearing
The Supreme Court is hearing Delhi Chief Minister Arvind Kejriwal's petition challenging the arrest by the Enforcement Directorate in a case under the Prevention of Money Laundering Act in connection with the alleged Delhi liquor policy scam.Last week, the Court had allowed Kejriwal's release on interim bail till June 1 for the purposes of election campaigning. A bench comprising Justices...
ED Cannot Arrest Accused After Special Court Has Taken Cognizance Of PMLA Complaint : Supreme Court
In a significant judgment, the Supreme Court on Thursday (May 16) held that the Enforcement Directorate (ED) and its officers cannot arrest an accused exercising powers under Section 19 of the Prevention of Money Laundering Act (PMLA) after the Special Court has taken cognizance of the complaint of money laundering.If the ED wants custody of such an accused, then they will have to apply to...
Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal
The Supreme Court (on May 15) disposed of the writ petition filed before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier. The order was passed after Senior Advocate R Basant, appearing for the State, informed the Court that the state was withdrawing the writ petition from the High Court. Previously, the...
Supreme Court Seeks Suggestions To Modify 2017 Order Mandating PUC Certificate For Vehicle Insurance
The Supreme Court recently expressed an intention to revisit its 2017 order which made a Pollution Under Control (PUC) certificate for third party vehicle insurance. The Court made a prima facie observation regarding the need to balance the PUC norms and third party insurance.The Court has sought suggestions from Solicitor General of India Tushar Mehta and the amicus curiae Senior Advocate...
Agency Won't Be Terminated Upon Death Of Principal If Agent Has Interest In Property Which Is Subject Matter Of Contract: Supreme Court
The Supreme Court observed that the death of the original contractor would not preclude the agent (power of attorney) from initiating the proceedings arising out of the contract if the agent holds an interest in the contract being expressly mentioned in the contract.Reversing the findings of the High Court, the bench comprising Justices BR Gavai and BV Nagarathna stated that where the agent...
S. 357 Cr.P.C. | Payment Of Compensation To Victim Not A Factor To Reduce Convict's Sentence : Supreme Court
The Supreme Court held that an order for the convict to pay compensation to the victim would not result in the reduction of the sentence imposed on the convict.“In criminal proceedings the courts should not conflate sentence with compensation to victims. Sentences such as imprisonment and / or fine are imposed independently of any victim compensation and thus, the two stands on a...
Supreme Court Asks Meghalaya Govt To Issue Clear Instruction About Ban On 'Two-Finger' Test In Rape Cases
Recently (on May 07), the Supreme Court, while hearing a criminal appeal arising out of the High Court of Meghalaya, expressed its dismay that the “two-finger test” was used in a rape case despite being deprecated by the Top Court. The Court also took into account that the decision in Lillu @ Rajesh and Anr. V. State of Haryana (2013) 14SCC 643, holding that the two-finger test on a...