Supreme court
Petitioners In Contempt Case Against DDA Should Not Be Harassed : Supreme Court To Delhi Police
The Supreme Court on Friday (July 12) stated that no authority shall harass the petitioners who filed a contempt case against the Delhi Development Authority (DDA) over illegal tree felling in Delhi Ridge Forest Area.The petitionesr in the contempt case has alleged harassment by the Delhi police after the contempt petition was filed. The petitioners stated that the Delhi police was...
Truth About Delhi LG's Site Visit Now Out After Much Cover-Up, Specify If Tree Cutting Was Ordered By Him : Supreme Court To DDA
The Supreme Court on Friday (July 12) remarked that a "cover up" was going on at the instance of the Delhi Development Authority regarding the role played by the Lieutenant Governor of Delhi VK Saxena in directing the illegal felling of trees in Delhi Ridge Forest Area.The Court also warned that it will consider issuing a contempt notice to the Delhi LG. A special bench comprising...
ED Officer Must Also Consider Materials Exonerating Accused Before Deciding To Arrest, Can't Pick & Choose: Supreme Court
A crucial development in the PMLA jurisprudence took place on Friday (July 12) when while granting interim bail to Delhi Chief Minister Arvind Kejriwal, the Supreme Court held that an officer of the Enforcement Directorate (ED), exercising power of arrest under Section 19(1), Prevention of Money Laundering Act cannot ignore material which exonerates the arrestee."The legality of the “reasons...
ED Should Act Uniformly, Apply One Rule For All; Data On Cases Raises Number Of Questions: Supreme Court In Kejriwal Order
In the judgment granting interim bail to Delhi Chief Minister Arvind Kejriwal, the Supreme Court underscored the need for the Enforcement Directorate to have a uniform policy on when a person should be arrested under the Prevention of Money Laundering Act (PMLA).A bench comprising Justices Sanjiv Khanna and Dipankar Datta, while deciding Kejriwal's petition challenging his arrest by the ED...
PMLA| ED Cannot Arrest On Grave Suspicion Alone; There Must Be Written Reasons To Believe That Accused Is Guilty : Supreme Court
While granting interim bail to Delhi Chief Minister Arvind Kejriwal on Friday (July 12), the Supreme Court observed that arrest under Section 19 of the Prevention of Money Laundering Act cannot be made simply for the purposes of investigation. Rather, the power can be exercised only when the concerned officer is able to form an opinion, based on material in possession, and upon recording...
Supreme Court Directs Kejriwal To Not Visit CM Office While On Interim Bail, Says He May Decide Whether To Step Down From CM Post
While granting interim bail to Delhi Chief Minister Arvind Kejriwal on Friday (July 12) in the case registered by ED under PMLA over the alleged Delhi Liquor Policy scam, the Supreme Court today directed that Kejriwal shall not visit the CM office and Delhi Secretariat during the period of interim release.The judgment, passed by Justices Sanjiv Khanna and Dipankar Datta, imposed the...
Supreme Court Grants Interim Bail To Arvind Kejriwal In PMLA Case; Refers Plea Challenging ED Arrest To Larger Bench
In a significant development, the Supreme Court on Friday (July 12) granted interim bail to Delhi Chief Minister Arvind Kejriwal in the case registered under the Prevention of Money Laundering Act (PMLA) over the alleged liquor policy scam, while referring his petition challenging the arrest by the Enforcement Directorate (ED) to a larger bench.A bench comprising Justices Sanjiv Khanna...
PC Act | Sanction Necessary To Summon Public Servant As Additional Accused As Per S.319 CrPC : Supreme Court
The Supreme Court has reiterated that the court cannot take cognizance of an offence committed by a public servant under the Prevention of Corruption Act in the absence of prosecution sanction.The Court held that this condition is applicable even for summoning a public servant as an additional accused under Section 319 of the Code of Criminal Procedure.The Court said that the accused cannot...
Trial Courts Must Be Cautious In Accepting Dock Identification Of Stranger Accused By Witness Without Test Identification Parade : Supreme Court
The Supreme Court observed that if the accused is a stranger to a witness, then without holding a Test Identification Parade(TIP) of the accused, the identification of the accused by a witness in the court cannot be considered a good piece of evidence for deciding conviction.“In cases where accused is a stranger to a witness and there has been no TIP, the trial court should be very...
Collegium Recommends Appointment Of Justice N Kotiswar Singh, Justice R Mahadevan As Supreme Court Judges
The Supreme Court Collegium on Thursday recommended the appointment of Chief Justice of the Jammu & Kashmir and Ladakh High Court, Justice N Kotiswar Singh and Acting Chief Justice of Madras High Court, Justice R Mahadevan as judges of the Apex Court. The Collegium of the Supreme Court, headed by Chief Justice of India, Justice DY Chandrachud, considered the names of the Chief Justices...
Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court
Recently (on July 09), the Supreme Court observed that where an order of bail does not furnish reasons behind the decision taken, there is a presumption of the non-application of mind."Where an order refusing or granting bail does not furnish the reasons that inform the decision, there is a presumption of the non-application of mind which may require the intervention of this...