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Ending PMLA Procrastination: How 'Wherewithal' Test Reclaims Constitutional Liberty
For nearly a decade, Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA) has been the primary site of a constitutional struggle in India. It is a place where the fundamental right to liberty frequently clashes with the State's interest in tackling systemic financial crime. The "Twin Conditions" of Section 45, which effectively require a court to be satisfied of an accused's innocence even before a trial has commenced, have created a legal landscape where bail is often viewed as a...
'Decision To Transfer Govt Servant Lies With Executive': Patna HC Sets Aside Single Judge's Direction To Transfer Forest Officer
The Patna High Court has held that transfer and posting of a government servant lies within the exclusive domain of the executive, setting aside a Single Judge's direction to transfer a Divisional Forest Officer (DFO) during pendency of proceedings.A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing an appeal filed by the State challenging the order...
'Who Can Block Defamatory Content?': Karnataka High Court Asks Centre In Darshan's Plea Alleging Media Trial Over Renukaswamy Murder Case
The Karnataka High Court on Wednesday (April 8) orally asked the Union Ministries of Information & Broadcasting (MIB) and Electronics & Information Technology (MeitY) as to which authority has the power to block allegedly defamatory content about Kannada actor Darshan in connection with the Renukaswamy Murder Trial.The court was hearing a plea filed by the actor alleging that MeitY...
Kerala High Court Directs Urgent Steps To Ensure Postal Ballots For Voters On Election Duty
The Kerala High Court on Wednesday (08 April) directed immediate corrective steps to ensure that election duty personnel receive their postal ballots without delay.Justice Bechu Kurian Thomas passed the order while considering a writ petition filed by the Kerala N.G.O. Union, which had alleged large-scale denial of voting rights to government officials deployed for election duty.According to...
SIR | Gujarat High Court Directs Inclusion Of Man Omitted From Voter List; Says Every Resident Has Right To Participate In Electoral Process
The Gujarat High Court on Monday (April 6) directed the authorities to include the name of a man in the electoral roll of the concerned legislative assembly constituency, after noting that despite an earlier order directing his inclusion the petitioner's name had been left out by the electoral officer. In doing so the court said that the earlier order by the concerned officer who had accepted...
"State Can't Be A Bystander": Bombay High Court Criticises Goa Govt, Orders Removal Of Illegal Shivaji Maharaj Statue From Port Land
The Bombay High Court at Goa recently ordered the removal of a Chhatrapati Shivaji Maharaj statue, which was installed in "gross violation" of local laws and constructed illegally on the land owned by the Mormugao Port Authority (MPA). A division bench of Justice Valmiki Menezes and Justice Amit Jamsandekar pulled up the authorities and also the Goa administration for being a "bystander"...
Delhi High Court Acquits Govt Engineers Accused Of Taking ₹900 Bribe In 1991
The Delhi High Court has acquitted two former engineers of the Flood Control Department accused of accepting a bribe of ₹900 each in 1991, bringing to an end their 35-year-old long legal battle under the Prevention of Corruption Act.Allowing the appeals filed by the accused, Justice Chandrasekharan Sudha set aside the trial court's 2002 conviction, holding that the prosecution failed to...
Service Bonds Can Be Enforced On Students Who Avail Subsidised Education, Doesn't Constitute 'Bonded Labour': Karnataka High Court
The Karnataka High Court has recently held that service bonds can be enforced on medical students who avail subsidised education, noting that the same cannot be termed as "bonded labour" as it was common for students to avail study loans to defer the cost of education.In doing so the court allowed an appeal by Employees' State Insurance Corporation (ESIC) on mandatory service in its...
Custodial Death Allegations: Delhi High Court Transfers Probe To Crime Branch, Orders ACP-Rank Investigation
The Delhi High Court has transferred the investigation into an alleged custodial death at Police Station Pul Prahladpur to the Crime Branch, directing that the probe be conducted by an officer not below the rank of Assistant Commissioner of Police (ACP) under the supervision of the Joint Commissioner of Police (Crime).Justice Anup Jairam Bhambhani was hearing a petition filed by a man...
Industrial Tribunal Allowing Legal Representation To Workman But Not Employer “Manifest Inequality”: Rajasthan High Court
The Rajasthan High Court has observed that Industrial Disputes Tribunal permitting the workman to be legally represented while denying the same representation to opposite party–the industry, amounts to "manifest inequality" violating principles of natural justice.In doing so the court quashed Industrial Disputes Tribunal's order wherein workman's application under Section 36 Industrial...
