Supreme court
'No Money Has Come To Manish Sisodia, How Will You Bring Him Under Money Laundering?' Supreme Court Asks ED In Delhi Liquor Policy Scam Case
The bail proceedings of Aam Aadmi Party (AAP) leader and former Delhi Deputy Chief Minister Manish Sisodia in the cases registered by the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED) over the alleged Delhi liquor policy scam are currently ongoing before the Supreme Court. In today's marathon session, spanning approximately four and a half hours, the Supreme...
State Govt Has Power To Impose Permit Fee On Erection Of Mobile Towers : Supreme Court
The Supreme Court has held that a State Government has the competence to impose permit fee on the erection of mobile towers. The Court rejected the argument that State cannot realise permit fee on mobile towers in the absence of a Parliamentary law empowering it to do so.The Court upheld a judgment of the Chhattisgarh High Court which held that the Chhattisgarh Government had the competence...
'Visitation In Court Premises Not In Child's Interest' : Supreme Court Allows Father To Meet Child In Mall
In a matrimonial dispute related to a child's custody, the Supreme Court recently modified a condition imposed by the Family Court requiring the father to meet the child in the premises of the Court.The Family Court had allowed the father to have visitation rights of the child on Sundays between 11:00 a.m. to 04:00 p.m at Court premises. Since the Kerala High Court did not interfere with...
'Article 142 Can't Be Invoked Against Statute' : Supreme Court Refuses To Extend Time Under SARFAESI Rules For Purchaser's Deposit
The Supreme Court on Wednesday (04.10.2023) held that the inherent powers of the Supreme Court under Article 142 of the Constitution of India though wide in its amplitude, cannot be exercised to supplant the substantive law applicable to the case or to the cause under consideration of the court. “It cannot be gainsaid that the court in exercise of powers under Article 142 cannot ignore...
AFT Chandigarh Bar Association Writes To CJI Alleging Defence Minister Admitted Interference In Transfer Of Justice DC Chaudhary
The Armed Forces Tribunal Chandigarh Bar Association (AFTCBA) has written to Chief Justice Of India DY Chandrachud alleging that Defence Minister has openly admitted interference of the Ministry in the transfer of Judicial Member Justice Dharam Chand Chaudhary, just before he could hear the case of contempt against an officer of Defence Accounts Department.Referring to a video of an...
Supreme Court 7-Judge Bench Examines Scope Of Immunity For MPs/MLAs Taking Bribes For Speech/Vote In Legislatures
A constitution bench of the Supreme Court on Wednesday questioned whether immunity should be granted to legislators accused of corruption, merely on an apprehension that the absence of such immunity could be misused by the executive to target political opposition.A seven-judge bench of Chief Justice of India DY Chandrachud, and Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala,...
Orders Extending Limitation Period During Covid-19 Also Apply To Period Up To Which Delay Can Be Condoned: Supreme Court
The Supreme Court on Tuesday (03.10.2023) set aside an order of the Calcutta High Court that had refused to take on record a written submission on the ground of delay. The Apex Court held that the benefit of the series of orders passed by the Supreme Court in In Re: Cognizance for Extension of Limitation, extending the period of limitation in light of the Covid-19 pandemic, would enure to...
Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established : Supreme Court
The Supreme Court observed that a Hindu marriage can be dissolved through a customary divorce deed, provided the existence of such a customary right is established.This is by virtue of Section 29(2) of the Hindu Marriage Act 1955, which states the none of the provisions of the Act will affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a...
Why ED Must Furnish Grounds Of Arrest To Accused In Writing? Supreme Court Explains
In a landmark judgment in the case Pankaj Bansal v. Union of India, the Supreme Court has held that the Directorate of Enforcement (ED) must furnish the reasons of arrest to the accused in writing.While holding so, the bench comprising Justices AS Bopanna and PV Sanjay Kumar, noted that Section 19 of the Prevention of Money Laundering Act, that gives the power to officers of ED to arrest...
PMLA- If Arrest Of Accused Isn't Valid & Lawful As Per Section 19, An Order Of Remand Shall Fail On That Ground: Supreme Court
The Supreme Court has observed that a court, while exercising powers under Section 167 CrPC of remanding any person arrested by the Directorate of Enforcement, has a foremost duty to verify and ensure that the arrest is valid and lawful as per the requirements of Section 19 PML Act 2002. The Top Court also held that in the event the Court fails to discharge this duty in right earnest...
Supreme Court Upholds Order Of Madras High Court Granting Bail To Lawyer Arrested Under UAPA By NIA For Alleged Links With PFI
The Supreme Court on Tuesday (03.10.2023) upheld the order of the Madras High Court granting bail to Mohammad Abbas, a Madurai based lawyer who was arrested by the National Investigation Agency under the Unlawful Activities Prevention Act for his alleged links with the banned Popular Front of India (PFI) organization.A bench of Justice Abhay S Oka and Justice Pankaj Mithal while confirming...
Mere Non-Cooperation To ED Summons Not A Ground For Arrest Under PMLA; ED Can't Expect Admission Of Guilt From Person Summoned : Supreme Court
It is not open to the ED to expect an admission of guilt from the person summoned for interrogation and assert that anything short of such admission would be an 'evasive reply', the Court said.