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BREAKING| SEBI Requests Supreme Court To Grant 15 More Days To Complete Adani-Hindenburg Probe; Says 'Substantial Progress' Made
The Securities and Exchange Board of India (SEBI) today filed an application in the Supreme Court seeking15 more days to complete the investigation into the allegations made by US-based short-seller firm Hindenburg Research against Adani group companies. The deadline set by the Supreme Court is expiring today, August 14.In its application,SEBI informed the court that "it has...
Marine Insurance | If Ship Is Sent To Sea In Unworthy State, Insurer Not Liable For Any Loss Due To Unseaworthiness : Supreme Court
The Supreme Court recently held that in marine insurance, if the ship is sent to sea in an unseaworthy state, the insurer is not liable for any loss attributable to unseaworthiness. It also observed that the mere knowledge of an insurer about a breach of warranty does not automatically equate to a waiver unless explicitly stated.The Court held that an insured party seeking insurance...
Registration Of FIR Mandatory If Information Discloses Cognizable Offence : Supreme Court Reiterates
The Supreme Court recently reinforced the obligatory nature of registering First Information Reports (FIRs) under Section 154 of the Code of Criminal Procedure (CrPC) when the police received information pertaining to a cognizable offense.A Bench of Justices Bela M. Trivedi and Justice Dipankar Dutta was hearing an appeal from a Bombay HC decision that refused to entertain a petition to...
“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XIII]
Q.61 Who can apply for the Letters of Administration ? Ans. In case the deceased died intestate and was a Hindu, Mohammedan, Buddhist, Sikh, Jaina or exempted person, Letters of Administration can be issued to a person entitled to the whole or any part of the estate of the deceased in view of Section 218 of the Act. In the case of an Indian Christian (who is not a Hindu,...
Bharatiya Nagarik Suraksha Sanhita (New CrPC Bill) Allows Police Custody After First 15 Days Of Arrest
The Bharatiya Nagarik Suraksha Sanhita Bill 2023(BNSS), which seeks to repeal and replace the Code of Criminal Procedure 1973(CrPC), proposes to make a significant clarification regarding police custody period.Section 187(2) of the BNSS, which is the mirroring provision of Section 167(2) CrPC, says that the 15 day police custody can be sought on a whole, or in parts, at any time during...
Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
The Supreme Court recently set aside the directions issued by the Punjab & Haryana High Court regarding issuance of summons to prosecution witnesses in a criminal trial.The High Court, in its order passed on May 27, 2022, had adopted the directions issued by the Madhya Pradesh High Court in Rambahor Saket and others vs State of M.P.(2018) and reiterated those guidelines as...
Quashing Of FIR : Recent Supreme Court Judgments Lay Down Novel Approach
Last week, the Supreme Court pronounced few judgments making important observations related to the jurisprudence surrounding the quashing of the FIR either under Section 482 (the inherent powers) of the Code of Criminal Procedure (CrPC) or Article 226 (extraordinary jurisdiction) of the Indian Constitution.The judgments were delivered by a Division Bench comprising Justices B.R. Gavai and...
PC Act | Special Court Can Proceed Against Accused For IPC Offences Though Sanction Under S.19 PC Act Is Not Granted : Supreme Court
The Supreme Court recently held that a Special Court under the Prevention of Corruption Act 1988 (PC Act) can proceed against an accused for offences under the Indian Penal Code 1860 even if sanction for prosecution has not been granted in respect of PC Act offences as per Section 19 of the said Act.In this case, the appellant, a bank manager, was facing trial for offences punishable...
Bharatiya Nyaya Sanhita Bill Allows Using Draconian Police Powers For Political Ends: Kapil Sibal
Expressing his concerns about the new bills introduced by the Union Government which propose repeal and replacement of the IPC, CrPC and the Indian Evidence Act , Senior Advocate and Rajya Sabha MP Kapil Sibal said that the bills allows for "using draconian police powers for political ends".Taking to his ‘X’ account, formerly known as Twitter, former law minister Sibal said that ...
Electronics Shop Repairing & Servicing Electrical Goods Is “Factory” Under ESI Act: Supreme Court
The Supreme Court recently held that the electronic goods shop which sells goods and repairs/services such goods can be said to be engaged in a “manufacturing process” using “power” as defined under ESI Act and Factories Act, 1948.The Supreme Court bench comprising Justices Hima Kohli and Justice Rajesh Bindal was hearing an appeal against the Karnataka HC judgment which confirmed...
B.Ed. Graduates Ineligible For Post Of Primary School Teachers, Holds Supreme Court; Says 'Right To Education Includes Quality Education'
The Supreme Court has upheld the decision of the Rajasthan High Court which had made B.Ed. (Bachelor of Education) degree holders ineligible for appointment to the post of primary school teachers. The bench comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia opined that the fundamental right of primary education in India as guaranteed under Article 21A of the Indian Constitution...
RFCTLARR Act | Supreme Court Sets Aside Award Passed During COVID Lockdown; Says 'Fair Opportunity Of Hearing Must Be Given To Claimant'
A Division Bench of the Supreme Court, comprising Justices Surya Kant and Dipankar Datta, recently examined the objective of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) while allowing an appeal. The Court held that for fair compensation under the said act, “it is imperative that a fair opportunity of hearing is...