Tendering Pardon To An Accomplice In A Case Triable By A Special Court Under The NIA Act, 2008

Many a time, grave and heinous crimes are committed in such a manner that no clue or trace, much less, any eye-witness evidence may be available for the detection of such crimes. The result would be that the perpetrators of such gruesome and beastly crimes go unpunished and escape due to lack of evidence. In order to obviate such a result, the framers of the Code thought that, with a view to unravel the truth of such dastardly crimes, any person believed to have been directly or...

Exception For Marital Rape Based On An Outdated Concept Of Marriage Presuming Consent : Amicus Curiae Tells Delhi High Court

The Delhi High Court on Thursday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape, provided the wife is above 15 years of age.Senior Advocate Rajshekhar Rao, appearing as amicus curiae in the matter, told a bench comprising of Justice...

SEBI Cracks Whip On Stock Price Manipulation Through Telegram, WhatsApp Groups; Bars 6 Persons From Securities Market

The Securities and Exchange Board of India has cracked down on WhatsApp and Telegram groups in which stock-tips were being shared to inflate share prices. In an interim order, the market regulator has barred six individuals from accessing the securities market, after making a prima facie finding that they had indulged in fraudulent and unfair trade practices by making baseless...

Marital Rape : Amicus Curiae In Delhi High Court Supports Striking Down Of Exception To Section 375 IPC

The Delhi High Court on Wednesday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape, provided the wife is above 15 years of age.Senior Advocate Rajshekhar Rao, appearing as amicus curiae in the matter, told a bench comprising of Justice...

Writ Petition By Borrowers Challenging SARFAESI Proceedings Initiated By Private Banks/ARCs Not Maintainable: Supreme Court

The Supreme Court observed that a writ petition challenging proceedings under SARFAESI Act initiated by private banks/Asset Reconstruction Companies is not maintainable."If proceedings are initiated under the SARFAESI Act and/or any proposed action is to be taken and the borrower is aggrieved by any of the actions of the private bank/bank/ARC, borrower has to avail the remedy under the...

Can Husband Produce Secretly Recorded Phone Conversations Of Wife As Evidence In Divorce Case? Supreme Court To Consider

The Supreme Court today issued notice in a SLP challenging a Punjab and Haryana High Court's order which held that recording of telephonic conversation of the wife without her knowledge is an infringement of her privacy. The High Court had held that a discreetly recorded phone conversation won't be admissible in evidence before the Family Court.A bench comprising Justices Vineet Saran and...

PM Security Lapse : Supreme Court Appoints Former SC Judge Justice Indu Malhotra As Enquiry Committee Head

The Supreme Court on Wednesday appointed former Supreme Court judge Justice Indu Malhotra to head the Committee to enquire into the security lapse which happened during the visit of Prime Minister Narendra Modi to Punjab on January 5.The Court opined that the "questions cannot be left to one-sided enquiry" and a judicially trained mind needs to oversee the probe. The Director-General of...

'Future Retail Will Sink With 30,000 Employees If Reliance Deal Doesn't Get Through' : Future Group Lawyers To Supreme Court In Case Against Amazon

In the Amazon-Future case, the Future Group on Tuesday submitted before the Supreme Court that being in a financially precarious situation, Future Retail Ltd will "sink with 30,000 employees losing their jobs" if the Rs 26,000 crores deal with the Reliance doesn't go through.Both FRL and Future Coupons Pvt Ltd argued that FRL should be allowed to go forward with the interlocutory proceedings...

Builder's Failure To Obtain Occupation Certificate Is A 'Deficiency In Service' Under Consumer Protection Act: Supreme Court

The Supreme Court observed that the failure of a builder to obtain occupation certificate is a deficiency in service under Consumer Protection Act 1986.The flat purchasers are well within their rights as 'consumers' to pray for compensation as a recompense for the consequent liability such as payment of higher taxes and water charges by the owners arising from the lack of an...

"Benefit Of CAA Available": Gauhati HC Asks East-Pakistan Immigrant To Apply For Citizenship, Sets Aside Order Declaring Him 'Foreigner'

Setting aside an order of a Foreigner's Tribunal which had declared a Hindu Man, who had migrated from erstwhile East Pakistan (now Bangladesh) as a Foreigner, the Gauhati High Court recently directed him to apply for citizenship by taking benefit of the Citizenship (Amendment) Act, 2019.This order came from the Bench of Justice N. Kotiswar Singh and Justice Malasri Nandi which was hearing...

SpiceJet Vs Credit Suisse AG- Madras High Court Dismisses Appeal Against Airline's Admission Of Winding Up

Madras High Court has dismissed the appeal preferred by SpiceJet against a single-judge bench order for admission of its winding up on Credit Suisse AG's Company Petition. Yesterday, Madras High Court had reserved the pronouncement of judgment on SpiceJet's appeal for today. After hearing the counsels appearing for SpiceJet and Credit Suisse at length, A Division Bench of...

Can Lok Adalat Award In A Case Referred By Magistrate Be Executed As Civil Decree?

A question that often arises in the context of the execution of awards by Lok Adalat is whether an award passed in a case referred by a Magistrate's Court can be executed as if it is a decree of a civil court.This question arises in cases under S.138 of the Negotiable Instruments Act and the Domestic Violence Act that have been referred to Lok Adalats. The principles governing the execution...