PMLA Oppressive, Has No Reasonable Procedure : Kapil Sibal

Senior Advocate Kapil Sibal called the Prevention of Money Laundering Act, 2002, (PMLA) oppressive and devoid of any procedure established by law guaranteed under Article 21. While addressing the Sikkim Judicial Academy, Sibal called out the Supreme Court for upholding the provisions of PMLA in Vijay Madanlal Choudhary v. UOI and not listing the review petition for two years. Sibal was...

Supreme Court Stays HC's Imposition Of Rs 1 Lakh Cost On Adv Mehmood Pracha, Seeks ECI's Response On Why Remarks Against Him Be Not Expunged

The Supreme Court yesterday stayed an Allahabad High Court order to the extent that it imposed a cost of Rs.1 lakh on Advocate Mehmood Pracha for "wasting Court's time" by filing a petition concerning videography during the electoral process.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, issuing notice to the Election Commission for the limited purpose as to why...

All India Judicial Service For District Judiciary Would Be Absolute Disaster : Kapil Sibal

On Saturday, Senior Advocate Kapil Sibal, President of the Supreme Court Bar Association, criticised the Supreme Court Collegium, which is headed by the Chief Justice of India and four senior-most judges of the Supreme Court. He added that the judges appointed through the Collegium system are necessarily not on merits but no one wants to do away with it because there is "inbuilt pressure...

Employee In Supervisory Capacity, Drawing Wages Exceeding 10k Per Month Not 'Workman' Under Industrial Disputes Act: Supreme Court

The Supreme Court recently held that an employee did not come within the definition of "workman" under Section 2(s) of the Industrial Disputes Act, 1947 (as amended on 2010) because he was employed in a supervisory capacity and drew wages exceeding Rs. 1,600 (now Rs.10,000/- per month as per 2010 amendment). The Court applied the pre-amended provision since the employee's service was...

S.106 Evidence Act | Accused Has Duty To Offer Explanations When Offence Was Committed Within Privacy Of Their House : Supreme Court

The Supreme Court observed that when the offence was committed in the presence of the accused in the privacy of their house, then their failure to offer explanations can be treated as an adverse circumstance against them as per Section 106 of the Indian Evidence Act, 1872 (“IEA”).The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma heard a criminal appeal filed by...

Supreme Court Monthly Digest- August 2024 With Statute And Subject Wise Index

Ancient Monuments and Archaeological Sites and Remains Act, 1958Monument of national importance - Protection of a structure known as the Gumti - The petitioner challenged the dismissal of his writ petition by the Delhi High Court, which followed the Archaeological Survey of India's (ASI) report that changes made by the Defence Colony Welfare Association (DCWA) to the Gumti resulted in its loss...

Why Video Conferencing Facilities Not Used To Produce Accused? Supreme Court Asks Maharashtra Home Secretary To File Affidavit

The Supreme Court has asked the State of Maharashtra to explain why Video Conferencing facilities are not being used to produce the accused in Court for trial proceedings.The Court has sought an affidavit from the Secretary of the Home Department of the Maharashtra Government. A bench comprising Justices Rajesh Bindal and R Mahadevan passed this order while noting that the trial in a case...

S. 498A IPC | Courts Must Identify Instances Of Over Implication Of Persons In Cases & Avert Undue Suffering To Them: Supreme Court

Recently, the Supreme Court expressed dismay over the tendency to over-implicate the persons and to present an exaggerated version in Section 498-A IPC domestic cruelty cases. “We are of the view that in view of such circumstances, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences, by such persons.”,...

It's Our Compassion For Society Which Sustains Us As Judges : CJI DY Chandrachud

Chief Justice of India (CJI) Dhananjay Chandrachud on Friday said that a sense of compassion for the society sustains judges."But above all, what sustains us as judges? It is our sense of compassion for the society in which we render justice," he stated while addressing a felicitation function organised by the Bombay Bar Association in honour of the outgoing CJI.In this context, he referred...

Senthil Balaji Corruption Case Assigned To District Judge With Reduced Caseload : Madras High Court Informs Supreme Court

The Madras High Court has informed the Supreme Court that the corruption and cheating cases arising out of the cash-for-jobs scam in which Tamil Nadu Minister Senthil Balaji is the prime accused have now been assigned to a district judge with a reduced caseload, who will only handle these specific cases.A bench of Justice Abhay Oka and Justice Augustine George Masih recorded –“Pursuant to...

S. 126 TPA | Gift Deed Can't Be Revoked Ordinarily, More Particularly When No Right Of Revocation Is Reserved In Deed : Supreme Court

The Supreme Court observed that a gift deed could not be revoked ordinarily, especially when no right of revocation is reserved in the deed. The judgment also explained the conditions to revoke a gift deed as per Section 126 of the Transfer of Property Act,The bench comprising Justice Pankaj Mithal and Justice Ujjal Bhuyan said that when the gift deed was executed by the donor in favor of...

Supreme Court Allows Candidate With Locomotor Disability To Appear For Rajasthan Civil Judge Interview

The Supreme Court today (October 25) allowed a candidate with locomotor disability to appear for the interviews for Rajasthan Civil Judge. The bench of Justices JB Pardiwala and Manoj Misra was hearing the plea of a petitioner who suffers from locomotor disability to the extent of 60% cleared the preliminary and main examinations with 111.5 marks. Sr Advocate Shadan Farasat appearing for...