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HC's Findings Against ED Arrest Insignificant In View Of 'RK Arora' Judgment, Says Supreme Court While Upholding Bail Of PMLA Accused
The Supreme Court on September 6 dismissed a special leave petition filed by the Enforcement Directorate (ED) against the order of the Jharkhand High Court granting bail to one Dilip Kumar Ghosh@Dilip Ghosh in an alleged money laundering case. As per the brief allegations, a property was purchased from one Pradeep Bagchi by Dilip Ghosh on behalf of Jagatbandhu Tea Estate Pvt. Ltd., of which he...
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– August 2024
Supreme CourtSupreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered Before July 1, 2024Case Title: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013Citation : 2024 LiveLaw (SC) 632In a significant development, the Supreme Court today (on August 23) held that Section 479 of Bharatiya...
'Scorpion On Shivling' A Metaphor, Why Should Somebody Object?' : Supreme Court Stays Defamation Case Against Tharoor For Remark On Modi
The Supreme Court on Tuesday (September 10) stayed the proceedings in the criminal defamation complaint against Congress MP Shashi Tharoor over a "scorpion sitting on a Shivling" remark made about Prime Minister Narendra Modi in 2018.A bench of Justices Hrishikesh Roy and R Mahadevan was hearing Tharoor's challenge to a Delhi High Court order of August 29, whereby his plea for quashing...
When Reasons Aren't Recorded To Appoint Junior Officer As Judge Advocate, Court Martial Proceedings Stand Invalidated: Supreme Court
The Supreme Court on Monday (Sep.9) observed that non-recording of the reasons in the convening order to appoint a Junior Officer as Presiding Officer of the Martial Court would invalidate the proceedings recorded before such Junior Officer. Drawing reference from the case of Union of India & Anr. vs. Charanjit Singh Gill (2000) the Court, in essence, said that it would be impermissible...
Flat Possession Offered Without Completion & Firefighting Certificates : Supreme Court Asks Developer To Compensate Buyer
In a recent case, the Supreme Court directed the Agra Development Authority(ADA) to grant compensation to the tune of Rs. 15 Lakhs to a flat buyer over a deficiency in service caused by the developer in offering the possession of the flat without requisite completion certificate and firefighting clearance certificate.The absence of these documents unquestionably vitiates the offer of...
Centre Appoints Six New Additional Solicitor Generals In Supreme Court
The Union Government on September 9 notified the appointment of six senior advocates to the post of Additional Solicitor General for India (ASG) in the Supreme Court .The Appointments Committee of the Cabinet (ACC) of the Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) has approved the following names : (i) Shri S. Dwarakanath (ii) Ms....
Lawyer Apologizes For Sending Emails To Registry Saying Justice Oka Shouldn't Hear His Case
The Supreme Court today (September 9) accepted an unconditional apology from an advocate, who had sent an email to the court stating that he does not want Justice Abhay S. Oka to hear his case. A bench of Justices Abhay S. Oka and Augustine George Masih questioned why the advocate has yet to withdraw the original email although he has tendered an apology. Justice Oka said: "Now you have...
Arbitration | Courts At Referral Stage Must Not Enter Into Contested Questions Involving Complex Facts : Supreme Court
The Supreme Court on Monday (Sep.9) reiterated that once there exists a valid arbitration agreement, than it would not be justifiable for the referral courts at the referral stage to venture into contested questions involving complex facts.Emphasizing upon the doctrine of competence-competence enshrined under Section 16 of the Arbitration & Conciliation Act, 1996 (Act), the Court said...
Supreme Court Seeks Response From Centre & Assam Government On Deportation Of 211 Foreign Nationals
The Supreme Court today (September 9) sought a response from the Union Ministry of Home Affairs and the Assam State Government in what manner the 211 declared foreign nationals detained in a transit camp in Matia, Goalpara district of Assam will be deported. The Court has also sought a reply from the Assam Government on a report of the Assam District Legal Services Authority concerning...
MBBS : Supreme Court Asks Medical Students To Make Deposit Towards Fee Arrears To Get Original Certificates From College
The Supreme Court on Monday (September 9) passed an interim order in a petition filed by medical students challenging the withholding of original documents by a medical college for non-payment of arrears of fees. The Court directed the release of the documents upon the condition that 7.5 lacs will be deposited towards the pending fee arrears with an undertaking to pay the remaining...
Supreme Court Rebukes UP Officers For Blaming State's Advocate For Delay In Processing Remission; Seeks Chief Secretary's Personal Affidavit
The Supreme Court on Monday (September 9) issued notice to the former Principal Secretary of the Prison Administration and Reforms Department of Uttar Pradesh asking him to show cause why proceedings for criminal contempt and perjury should not be initiated against him for filing a false affidavit to explain the delay in considering a remission application.The Court also asked the Chief...