Delhi Court Upholds Release Of Electronics Devices Seized From Editors Of ‘The Wire’, Says Delhi Police Causing Undue Hardship To Them

A Delhi Court has dismissed a plea moved by the Delhi Police against a magisterial court’s order which ordered the release of the electronic devices seized from editors of “The Wire” during searches conducted in October last year in relation to an FIR lodged against them by BJP leader Amit Malviya.Additional Sessions Judge Pawan Singh Rajawat of Tis Hazari Courts upheld the order passed...

Supreme Court Designates 47 Former High Court Judges As Senior Advocates

The Supreme Court, in its full court meeting held on October 16, decided to confer senior designations on 47 former judges of the High Courts. Nine among them are former Chief Justices of the High Courts.They are :1. Ms. Sonia Gokani, former Chief Justice of the Gujarat High Court.2. Mr. Ali Mohammad Magrey, former Chief Justice of the Jammu and Kashmir and Ladakh High Court.3. Mr. Satish...

'Fake News' Case : Supreme Court Closes BJP Spokesperson Prashant Umrao's Plea After TN Govt Says Only One FIR Registered Against Him

The Tamil Nadu government informed the Supreme Court on Thursday (October 19) that only one first information report (FIR) has been registered in the state against Uttar Pradesh Bharatiya Janata Party spokesperson Prashant Umrao for allegedly spreading fake news about attacks against Bihari migrants in the southern state. The court was further told that chargesheet will be filed in respect of...

'Why Freeze Entire Bank Account Of Traders Just Because Unknown Cyber Criminals Paid Them Through UPI?' Kerala High Court

The Kerala High Court recently directed Banks to limit the freezing orders issued in respect of persons into whose accounts amounts had been transferred via UPI platform as part of a cyber financial crime, to the amount involved in the crime as mentioned in the order/requisition issued by the Police Authorities. The Single Judge Bench of Justice Devan Ramachandran could not fathom why the...

Principles To Be Followed In Case Of Multiple Dying Declarations: Supreme Court Explains

The Supreme Court recently laid down the principles to be followed in cases where there are multiple dying declarations. The Court delved into the circumstances where the extent of burn injuries was considered when evaluating the credibility of dying declarations. The Court also clarified that evidence given by interested witnesses should be corroborated by an independent witness. In this...

ED’s Power To Issue Summons Under Section 50 PMLA Does Not Include Power To Arrest: Delhi High Court

The Delhi High Court on Thursday ruled that the power of the Enforcement Directorate to issue summons to a person under Section 50 of PMLA does not include the power to arrest. Justice Anup Jairam Bhambhani said that the power to arrest is “conspicuously absent” in section 50 of the PMLA which empowers ED officers to arrest any person, subject to satisfying the conditions mentioned...

Double Taxation Avoidance Agreement Cannot Be Enforced Unless Notified By Centre Under Section 90 Income Tax Act : Supreme Court

The Supreme Court has held that a Double Taxation Avoidance Agreement (DTAA) cannot be given effect to by a court, authority or a tribunal unless it has been notified by the Central Government under Section 90 of the Income Tax Act.The Court held that until the Government of India issues a notification as per Section 90, the DTAA treaty is not enforceable per se in Indian courts.A...

Supreme Court Seeks Delhi Police's Response To Pleas Challenging Arrests Of NewsClick Chief Editor & HR Head In UAPA Case

The Supreme Court on Thursday issued notice to the Delhi Police in the pleas by NewsClick founder and editor-in-chief Prabir Purkayastha and human resources head Amit Chakraborty challenging their recent arrest. A bench of Justices BR Gavai and Prashant Kumar Mishra was hearing the special leave petitions by the duo challenging a decision of the Delhi High Court upholding their arrest by...

Supreme Court Sets Aside HC Judgment Which Invalidated Assembly Election Of Arunachal Pradesh MLA Dasanglu Pul

The Supreme Court on Thursday (October 19) set aside the judgment of the Gauhati High Court which invalidated the election of BJP MLA from Arunachal Pradesh Dasanglu Pul to the State Assembly in 2019.A bench comprising Justices AS Bopanna and PS Narasimha allowed the appeal filed by Pul and dismissed the election petition filed against her election. In May, the Supreme Court had granted...

Commercial Courts Should Examine If Plea For Urgent Interim Relief Is A Disguise To Circumvent Pre-litigation Mediation Under S.12A : Supreme Court

While reiterating the mandatory nature of Section 12A of the Commercial Suits Act, which mandates pre-litigation mediation unless the suit contemplates urgent relief, the Supreme Court stated that plaintiff has no absolute choice to avoid pre-litigation mediation by merely making a prayer for urgent interim relief.The Commercial Court should examine that the prayer for urgent interim relief...

"Cannot Pursue Petitions To Show To Press": Supreme Court Dismisses Ashwini Upadhyay's PIL Seeking Uniform Endowment Code

The Supreme Court on Wednesday(October 18) refused to entertain a PIL filed by Advocate Ashwini Upadhyay seeking to declare that Hindus, Buddhists, Jains and Sikhs have similar rights to administer their religious places without State interference like Muslims, Parsis and Christians. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra remarked that the...

Marriage Equality Case : Conclusions & Directions Of Supreme Court Judgments

Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat and Justice PS Narasimha pronounced separate judgments.In terms of the reportable judgment, the Chief Justice of India issued following directions and conclusions:a. The Union Government, State Governments, and Governments of Union Territories are directed to:i. Ensure that the queer community is...