Supreme Court Dissolves Bench On PMLA Judgment Reconsideration After Centre Seeks Time; 'Doing With Heavy Heart', Says Justice Kaul

The Supreme Court on Thursday (November 23) dissolved the bench constituted to consider a batch of applications seeking reconsideration of its Vijay Madanlal Choudhary ruling, which upheld the powers of the Directorate of Enforcement (ED).After the union government sought for more time, the special bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, and Bela M Trivedi decided...

Credit Judicial Officers' Pension Arrears By December 8 Or Face Contempt : Supreme Court's Final Warning To States

The Supreme Court today (23.11.2023) gave the Chief Secretaries of defaulting States and Union Territories a "final chance" to comply with its order in All India Judges Association v. Union of India matter, in which the Apex Court had provided a timeline for the Center and the States to pay retired judicial officers pension as per the enhanced pay scale as recommended by the Second...

Marriage Equality Review : Petitioners Say Supreme Court Misunderstood Their Case; Claim Wasn't For New Legal Status But For Equality

Lawyer Utkarsh Saxena and his partner Ananya Koti have filed a review petition in the Supreme Court against the judgment in Supriyo v. Union of India which refused to legalise same-sex marriages. They were petitioners in the case that was decided on 17.10.2023 by a 5 judge bench. "..by refusing to grant queer couples access, on equal terms, to one of the most significant social institutions...

IBC | No Casual Interference With Commercial Wisdom Of CoC : Supreme Court Sets Aside NCLT Direction To Reevaluate Corporate Debtor's Assets

The Supreme Court has set aside an order whereby the National Company Law Tribunal (“NCLT”) kept the approval of a resolution plan in abeyance while directing an Official Liquidator to conduct re-valuation of the Corporate Debtor’s assets. Consequently, the order of National Company Law Appellate Tribunal (“NCLAT”) affirming the NCLT’s order has also been set aside.An...

Judicial Review Of Tenders - Interpretation Of Tendering Authority Must Prevail Unless There Malafides Alleged Or Proved : Supreme Court

The Supreme Court recently held that when it comes to tender clauses, the interpretation of a tendering authority must prevail unless there is any malafides alleged or proved. A bench of Justice Sanjay Kishan Kaul, Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah referred to the decision of the Apex Court in Jagdish Mandal vs. State of Orissa (2007) 14 SCC 517 while making...

Supreme Court Rejects Defence Of Intoxication In Murder Case, Says Accused Walking Properly & Returning To Shoot Indicated Alert Mental State

The Supreme Court recently upheld the conviction of a convict for the offence of murder under Section 302 of the Indian Penal Code (IPC) after carefully considering the impact of intoxication on him at the time of the incident. The Court noted that despite being heavily intoxicated, the appellant was able to walk properly and even moved away 15-20 steps from the quarrel scene before returning...

Is Same Day Sentencing In Death Penalty Cases Proper? Supreme Court To Hear The Matter In January 2024

The Supreme Court today (22.11.2023) decided to list in January 2024 the petitions pertaining to whether same-day sentencing could be permissible in the cases of capital punishment or death penalty. The bench led by CJI DY Chandrachud stated that the registry shall notify the exact date of hearing in the matter in January 2024. It may be recalled that earlier, a bench comprising the then CJI...

'Affects Right To Liberty' : Kapil Sibal Urges Supreme Court To Reconsider PMLA Judgment Upholding ED's Powers

Senior Advocate Kapil Sibal on Wednesday (November 22) urged the Supreme Court to refer to a larger bench to reconsider its Vijay Madanlal Choudhary ruling, which is known for bolstering the powers of the Directorate of Enforcement (ED). Raising concerns about the wide-ranging powers of the central agency, the senior counsel said – “The issues involved are very serious and affect...

Person Guilty Of Murder Even When He Mistakenly Kills Another Person : Supreme Court Applies 'Doctrine Of Transfer Of Malice'

The Supreme Court recently invoked the doctrine of transferred malice to uphold the conviction of the appellant in a murder case under section 302 IPC. The appellant had no intention to kill the deceased as he had fired with an intention to settle his score with another person Mahendra with whom he had entered into a harsh argument. However, the court held that it made no difference...

LMV License Issue : Supreme Court Says 'Mukund Dewangan' Decision Will Continue To Apply While Reference Is Pending

A Supreme Court Constitution Bench today (22.11.2023) directed that the decision in its 2017 judgement of Mukund Dewangan v. Oriental Insurance Company Limited will continue to hold field during the pendency of reference on the issue related to "Light Motor Vehicle" (LMV) driving license requirements for transport vehicles.The issue before the Constitution Bench comprising Chief Justice of...

ED Can't Invoke PMLA Using Section 120B IPC When Conspiracy Is Not Related To Scheduled Offence : Justice Sanjiv Khanna

Supreme Court Judge Justice Sanjiv Khanna observed that the Enforcement Directorate cannot invoke the Prevention of Money Laundering Act (PMLA) against an accused citing Section 120B of the Indian Penal Code (which deals with the offence of criminal conspiracy), if the alleged conspiracy is not related to a scheduled offence under the PMLA.The bench comprising Justices Sanjay Kishan Kaul,...

Gain From Foreign Exchange Fluctuations Can't Be Claimed As Deduction Under S.80 HHC Income Tax Act : Supreme Court

Recently, the Supreme Court (on November 21), while interpreting Section 80 HHC of the Income Tax Act, held that the profit from exchange fluctuation is independent of export earnings. Pertinently, Section 80 HHC provides for the deduction of profits which the assessee derives from exporting goods/merchandise.The Court, while stressing upon the wordings of Section 80 HHC, held that the...