PMLA Judgment Reconsideration : Live Updates From Supreme Court [Day 2]

The SupremeCourt will continue hearing a batch of applications seeking reconsideration of its judgment in Vijay Madanlal Choudhary which upheld the constitutional validity of several PMLA provisions relating to arrest, search and seizure, etc.A bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna and Bela M Trivedi is hearing the matter. Yesterday, Senior Advocate Kapil Sibal...

Marriage Equality Judgment A First Step ; Supreme Court Could Have Given A Timeframe For Centre's Committee : Senior Advocate S Muralidhar

In a panel discussion on the future of marriage equality in India organised by Caucus, a discussion forum of the Hindu College, Senior Advocate (Retd Justice) S Muralidhar stated that the recent judgement in Supriyo v Union of India was a first step in the larger process. He added that the Central Government could have been directed to come out with a Committee Report on the issue of...

Is Same Day Sentencing In Death Penalty Cases Proper? Supreme Court To Hear The Matter In January 2024

The Supreme Court today (22.11.2023) decided to list in January 2024 the petitions pertaining to whether same-day sentencing could be permissible in the cases of capital punishment or death penalty. The bench led by CJI DY Chandrachud stated that the registry shall notify the exact date of hearing in the matter in January 2024. It may be recalled that earlier, a bench comprising the then CJI...

'Affects Right To Liberty' : Kapil Sibal Urges Supreme Court To Reconsider PMLA Judgment Upholding ED's Powers

Senior Advocate Kapil Sibal on Wednesday (November 22) urged the Supreme Court to refer to a larger bench to reconsider its Vijay Madanlal Choudhary ruling, which is known for bolstering the powers of the Directorate of Enforcement (ED). Raising concerns about the wide-ranging powers of the central agency, the senior counsel said – “The issues involved are very serious and affect...

Person Guilty Of Murder Even When He Mistakenly Kills Another Person : Supreme Court Applies 'Doctrine Of Transfer Of Malice'

The Supreme Court recently invoked the doctrine of transferred malice to uphold the conviction of the appellant in a murder case under section 302 IPC. The appellant had no intention to kill the deceased as he had fired with an intention to settle his score with another person Mahendra with whom he had entered into a harsh argument. However, the court held that it made no difference...

LMV License Issue : Supreme Court Says 'Mukund Dewangan' Decision Will Continue To Apply While Reference Is Pending

A Supreme Court Constitution Bench today (22.11.2023) directed that the decision in its 2017 judgement of Mukund Dewangan v. Oriental Insurance Company Limited will continue to hold field during the pendency of reference on the issue related to "Light Motor Vehicle" (LMV) driving license requirements for transport vehicles.The issue before the Constitution Bench comprising Chief Justice of...

ED Can't Invoke PMLA Using Section 120B IPC When Conspiracy Is Not Related To Scheduled Offence : Justice Sanjiv Khanna

Supreme Court Judge Justice Sanjiv Khanna observed that the Enforcement Directorate cannot invoke the Prevention of Money Laundering Act (PMLA) against an accused citing Section 120B of the Indian Penal Code (which deals with the offence of criminal conspiracy), if the alleged conspiracy is not related to a scheduled offence under the PMLA.The bench comprising Justices Sanjay Kishan Kaul,...

Gain From Foreign Exchange Fluctuations Can't Be Claimed As Deduction Under S.80 HHC Income Tax Act : Supreme Court

Recently, the Supreme Court (on November 21), while interpreting Section 80 HHC of the Income Tax Act, held that the profit from exchange fluctuation is independent of export earnings. Pertinently, Section 80 HHC provides for the deduction of profits which the assessee derives from exporting goods/merchandise.The Court, while stressing upon the wordings of Section 80 HHC, held that the...

JJ Rules 2007| Where Exact Assessment Of Age Not Possible, Reduction Of 1 Year Can Be Given: Supreme Court Accepts Juvenility Plea In 95 Murder Case

The Supreme Court recently reviewed and accepted the plea of juvenility by a convict after 27 years in an assault and murder case that took place in 1995. Although Juvenile Justice Act, 1986 was in force at the time of offence and conviction, a 5-judge Constitutional bench in the Pratap Singh case (2005) had clarified that the 2000 Act applied to pending proceedings initiated under the 1986...

Mineral (Auction) Rules 2015 - State Entitled To Annul Tender Notification When Number Of Technically Qualified Bidders Is Less Than 3 : Supreme Court

The Supreme Court recently validated the authority of the state to annul a tender process, with a specific focus on adherence to Rule 9 under the Mineral (Auction) Rules, 2015.Referring to Rule 9(10) of the Mineral (Auction) Rules, the Court said that where the total number of technically qualified bidders is less than three, then no technically qualified bidder shall be considered to...

BMW Car Damage : Supreme Court Refuses Claim For Replacement; Says Insured Can't Claim Anything More Than Insurance Policy Coverage

The Supreme Court on Monday (20.11.2023) reiterated that an insured cannot claim anything more than what is covered by the insurance policy. The Court also said the terms of an insurance policy, which determine the liability of the insurance company, must be read strictly.Referring to the recent ruling in National Insurance Company Ltd. v. Chief Electoral Officer, the Apex Court said that...

PMLA Judgment Reconsideration : Live Updates From Supreme Court Hearing

The Supreme Court will hear today a batch of applications seeking reconsideration of its judgment in Vijay Madanlal Choudhary v. Union of India which upheld the constitutional validity of several provisions of the Prevention of Money Laundering Act (PMLA) relating to arrest, search and seizure by the Enforcement Directorate (ED), the stringent bail conditions and the reversal of burden of...