'Specific Performance No Longer A Discretionary Relief': Supreme Court Says 2018 Amendment May Not Have Retrospective Application But Can Be A 'Guide'

The specific performance is no longer a discretionary relief, the Supreme Court observed in a judgment delivered on Tuesday.The bench of Justice MR Shah and Aniruddha Bose observed that the 2018 amendment to the Specific Relief Act, 1963 by which section 10(a) has been inserted, though may not be applicable retrospectively but can be a guide on the discretionary relief. The court, however,...

Kerala High Court Quashes FIR Against Pakistan Nationals Who Came For Medical Treatment; Terms It 'Clear Abuse Of Law'

The Kerala High Court on Tuesday quashed an FIR registered under the Foreigners Act against two Pakistan nationals who had reached the State for medical treatment.Noting that they had followed all the procedural formalities, Justice K Haripal allowed the writ petition preferred by the Pakistan nationals: "In no stretch of imagination, the act of the respondents in registering a crime against...

"No Possession, No Consumption, No Recovery Of Drugs From Aryan Khan Then Why Is He Sent To Jail For 20 Days?": Mukul Rohtagi Argues In Bombay HC

Senior Advocate Mukul Rohatgi today told the Bombay High Court that there was no recovery of contraband or proof of consumption by Aryan Khan in the cruise ship drug case. "There is no consumption, no possession... Why this boy has been sent to 20 days in jail?" Rohatgi remarked. Justice NW Sambre is hearing the bail applications filed by Aryan Khan, Arbaaz Merchant and Munmun...

Aryan Khan Bail Hearing Started Before Bombay High Court: LIVE UPDATES

The Bombay High Court will hear today the bail applications of AryanKhan, Arbaaz Merchant and Munmun Dhamecha in the cruise ship drug case.A Bench of Justice Nitin W Sambre is hearing the bail applications after 10.30 AM. Matters listed as items 57, 58 and 64.A Special NDPS Court in Mumbai had rejected their bail applications on October 19. They were arrested on October 3.Follow this page...

Gujarat Riot Case- Plea By Zakia Jafri Challenging Clean Chit To Then Gujarat CM Narendra Modi And Others- [LIVE UPDATES]

Supreme Court has commenced the final hearing on a petition by Zakia Ahsan Jafri's plea challenging the SIT report giving clean chit to the then Gujarat Chief Minister Narendra Modi and other high functionaries in the Gujarat riots of 2002.A Bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar is hearing the matter.Senior Advocate Kapil Sibal arguing for the...

No Further Extension Of Interim Bails By District Courts, Closes Suo Moto Extension Of Interim Orders Plea: Delhi High Court

The Delhi High Court has disposed of its plea concerning the suo moto petition registered on the extension of interim orders in all matters pending before it and subordinate Courts including interim bails. Modifying it's order dated 20th April, 2021, a full bench comprising of Justice Vipin Sanghi, Justice Rekha Palli and Justice Talwant Singh directed that the interim bails granted by...

Lawyer Writes To Mumbai Police Seeking FIR Against Sameer Wankhede Over Extortion Bid Allegations In Aryan Khan Case

A Mumbai based lawyer has approached the police for registration of an FIR against Narcotics Control Bureau's Zonal Director Sameer Wankhede and others for extortion, criminal conspiracy and bribery in the cruise ship drug case involving Aryan Shahrukh Khan. Advocate Sudha Dwivedi's complaint states that after Sail's allegations in his notarized affidavit, it is clear that the...

The Evidentiary Irregularities In Aryan Khan's Bail Order

On 20th October, Special Judge V. V. PATIL denied bail to Aryan Khan accused of committing offences under sections 8(c) r/w 20(b), 27, 28, 29 and 35 of Narcotics Drugs and Psychotropic Substances Act, 1985. The prosecution alleged that Aryan Khan and his friend were apprehended together by the NCB at the International Cruise Terminal with his friend having 6 grams of Charas concealed in his shoes. The bail application of Aryan Khan was primarily rejected because of two reasons....

NDPS Act : Are 'Confessional' Statements Given Under Section 67 Admissible In Evidence?

Recently, a Special NDPS Court has rejected the bail application of Aryan Khan by holding that he was in "conscious possession" of the drugs found with Accused No.2- Arbaaz Merchant. The order held that -"in their voluntary statements both of them disclosed that they were possessing said substance for their consumption and for enjoyment. Thus, all these things show that accused no.1 was...

Kerala HC Upholds Vaccination Mandate To Enter Colleges; Says Advantages Given To Vaccinated Not Discriminatory

The Kerala High Court recently ruled that although an individual is entitled to the right to refuse medical treatment under the Constitution, such right does not affect the authority of the executive to take measures to restore normalcy amidst a pandemic. Justice P.B. Suresh Kumar observed so while upholding a Government order and a circular that mandated the students to be vaccinated with...

Made To Sign Blank Papers At NCB Office, Overheard Extortion Talks : Witness In Aryan Khan Case Alleges

Prabhakar Sail, a panch witness in the cruise liner drug case, has made startling allegations of extortion and pay-offs involving KP Gosavi( a private person at the NCB raid whose picture with Aryan Khan went viral), the investigating officer and NCB Mumbai Zonal Director Sameer Wankhede and others, in a notarized affidavit. Sail, claiming to be KP Gosavi's personal bodyguard, alleges that he...

'Police Appear To Have Acted As Criminals, Protectors Are Not Supposed To Become Predators; Court Raps Delhi Police For Illegal Midnight Raid

A Delhi Court has recently rapped the Delhi Police for barging into the house of a man at about 2:30 am in the middle of the night after observing that such an illegal act of raiding, ransacking, causing injuries to the man and his family members without any reason can be termed as 'worst state of affairs. Observing that protectors are not supposed to become predators, Additional Sessions...