Person Not Prosecuted For Predicate Offence Can Be Prosecuted For Money Laundering Under PMLA: Madras High Court

The Madras High Court has made it clear that Supreme Court's decision in Vijay Madanlal Choudhary and others v. Union of India and others does not preclude the Enforcement Directorate from prosecuting a person for offence of money laundering under PMLA, merely because such person was not prosecuted for the predicate offence.The bench of Justices PN Prakash and Teeka Raman found force in...

'String Of Commonality': Delhi High Court Rejects Argument On Ideological Differences Between Umar Khalid, Sharjeel Imam

Rejecting an argument that there was no ideological meeting of minds between Umar Khalid and co-accused Sharjeel Imam in the case of alleged larger conspiracy behind Northeast riots, the Delhi High Court Tuesday said it finds "it a little difficult" to accept the contention as there exists a string of commonality among all the accused.The observation has been made in response to Senior...

Online Marketplaces Exempted From Liability U/S 79 IT Act: Allahabad HC Grants Relief To Flipkart In Product Discrepancy Case

Taking into account the mandate of Section 79 of the IT Act, 2000, the Allahabad High Court recently granted relief to online Marketplace Flipkart in connection with a case wherein a laptop with a different company processor was delivered to the customer by the seller listed on the Flipkart.For context, Section 79 of the IT Act, 2000 exempts the liability of intermediaries (like...

[Delhi Riots] Attack on Police Personnel by 'Women Protestors In Front', Area Engulfed In Riot is Epitome Of Premeditated Plan: Delhi High Court

The Delhi High Court on Tuesday observed that the attack on police personnel during the 2020 North East Delhi riots by "women protestors in front only followed by other ordinary people and engulfing the area into a riot" is the "epitome of a pre-mediated plan" and would prima facie be covered by the definition of 'terrorist act' under Unlawful Activities (Prevention) Act. Denying bail to...

Union Law Minister Raises Concerns About Judicial Activism; Says There's No Course Correction Mechanism For Judiciary

The Union Law Minister Kiren Rijiju on October 17 participated in the 'Sabarmati Samwad' program organized by Panchjanya, a weekly magazine by the Rashtriya Swayamsevak Sangh (RSS), wherein he spoke on various issues concerning the Supreme Court, Collegium system, working of Judiciary, etc.Stressing the need for the three wings of the Government (Executive, Legislature, and Judiciary) to...

Sections Form Substratum Of CPC, Orders & Rules Lay Further Ground Work For Adjudication: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently set aside a lower court's order which held that Section 94 of CPC is not a substantive provision of the Code.The Section titled "Supplemental proceedings" makes provision for issue a warrant, furnishing of security, etc. in specified circumstances. Sub-section (c) thereof empowers the civil court to grant temporary injunction and in case...

In Umar Khalid Bail Order, Delhi High Court Invokes Maximilien Robespierre, Pandit Nehru To Explain 'Revolution'

Dismissing activist Umar Khalid's bail appeal in the larger conspiracy case of Northeast Delhi riots, the Delhi High Court on Tuesday said revolution by itself isn't always bloodless and that is why a prefix - bloodless, is used with the term 'bloodless revolution'."This court is reminded of that although, the activity of 'revolution' in its essential quality may not be different but from...

Punjab & Haryana Bar Council Condemns NIA 'Raid' At An Advocate's Residence, Requests Agency's DG to Supervise Matter

The Bar Council of Punjab and Haryana High Court has written to the Director General of the National Investigation Agency condemning the unjustified/Illegal raids carried out at the residence of Dr Shelly Sharma, Advocate (Member of HCBA & DBA, Chandigarh). The letter, written by Council's Chairman Suvir Sidhu, has further requested the DG to immediately supervise such actions,...

Kerala Prison Rules | No Absolute Bar On Granting Parole To Convict Who Previously Absconded: High Court

The Kerala High Court recently observed that as per Kerala Prisons and Correctional Service (Management) Rules 2010, there is no absolute bar in granting parole to the convict even if he had previously absconded.Justice Ziyad Rahman A. A observed, ... the purpose of imprisonment is not confined to creating a deterrent effect alone, but it is intended to reform the prisoner as well. If...

S.203 CrPC | Before Dropping Criminal Proceedings Court To Be Satisfied That Complaint Is Purely Civil, Devoid Of Criminal Texture: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently reiterated that before deciding to drop proceedings in a criminal complaint, the Court has to be satisfied that the subject matter involved in the complaint is a purely civil wrong and that it has no criminal texture to it.The observations were made by Justice Sanjay Dhar while hearing a plea in terms of which the petitioner...

People Not Happy With Collegium System, Appointment Of Judges Is Govt's Job : Union Law Minister Kiren Rijiju

Union Law and Justice Minister Kiren Rijiju on October 17 said that the people of the country are not happy with the collegium system and that as per the spirit of the Constitution of India, it is the job of the government to appoint judges. He further said that people can see the politics among the leaders but they do not know the politics going on inside the judiciary while appointing...

Principle Of Res Judicata Applies To Children Claiming Property Through Parent Earlier Involved In Property Suit: Bombay High Court

The Bombay High Court recently upheld trial court's decision to dismiss a partition suit citing the principle of res judicata. The plaintiff had claimed the properties through his mother; however, the issue had been decided in an earlier suit for same properties filed by his mother. Justice S. M. Modak dismissed the second appeal stating that there was no need to interfere in...