Supreme court
PMLA Accused Need Not Fulfill S.45 Conditions When Furnishing Bond After Appearing Before Trial Court As Per Summons : Supreme Court
In a notable judgment, the Supreme Court held that when an accused in a case under the Prevention of Money Laundering Act, 2002 (PMLA), who appears before the Special Court pursuant to a summons issued to him, it cannot be considered that he is in custody. Therefore, such an accused is not required to apply for bail under Section 45 of the PMLA.The Special Court can however ask such an accused...
ED Cannot Arrest Accused After Special Court Has Taken Cognizance Of PMLA Complaint : Supreme Court
In a significant judgment, the Supreme Court on Thursday (May 16) held that the Enforcement Directorate (ED) and its officers cannot arrest an accused exercising powers under Section 19 of the Prevention of Money Laundering Act (PMLA) after the Special Court has taken cognizance of the complaint of money laundering.If the ED wants custody of such an accused, then they will have to apply to...
Agency Won't Be Terminated Upon Death Of Principal If Agent Has Interest In Property Which Is Subject Matter Of Contract: Supreme Court
The Supreme Court observed that the death of the original contractor would not preclude the agent (power of attorney) from initiating the proceedings arising out of the contract if the agent holds an interest in the contract being expressly mentioned in the contract.Reversing the findings of the High Court, the bench comprising Justices BR Gavai and BV Nagarathna stated that where the agent...
S. 357 Cr.P.C. | Payment Of Compensation To Victim Not A Factor To Reduce Convict's Sentence : Supreme Court
The Supreme Court held that an order for the convict to pay compensation to the victim would not result in the reduction of the sentence imposed on the convict.“In criminal proceedings the courts should not conflate sentence with compensation to victims. Sentences such as imprisonment and / or fine are imposed independently of any victim compensation and thus, the two stands on a...
Supreme Court Asks Meghalaya Govt To Issue Clear Instruction About Ban On 'Two-Finger' Test In Rape Cases
Recently (on May 07), the Supreme Court, while hearing a criminal appeal arising out of the High Court of Meghalaya, expressed its dismay that the “two-finger test” was used in a rape case despite being deprecated by the Top Court. The Court also took into account that the decision in Lillu @ Rajesh and Anr. V. State of Haryana (2013) 14SCC 643, holding that the two-finger test on a...
'Grounds Of Arrest' Must Contain All Basic Facts To Provide Opportunity To Accused To Oppose Remand & Seek Bail : Supreme Court
The Supreme Court, in its judgment delivered today on May 15, distinguished between the 'reasons for arrest' and 'grounds of arrest'. The Court said that there is a significant difference between these two phrases. It explained that 'reasons of arrest' are formal and could apply generally to any person arrested of an offence. Elaborating, the Court also cited several of these...
Arrest & Remand Illegal If Accused Not Informed Grounds Of Arrest; Filing Of Chargesheet Won't Validate Illegal Arrest : Supreme Court
The Supreme Court (today on May 15) opined that an illegal arrest and remand order cannot be validated merely on the ground that a chargesheet has been filed. “Mere fact that a charge sheet has been filed in the matter, would not validate the illegality and the unconstitutionality committed at the time of arresting the accused and the grant of initial police custody remand to...
Accused Must Be Given Written Grounds Of Arrest In UAPA Cases Too : Supreme Court Extends Ratio Of 'Pankaj Bansal' Judgment
In one of the crucial developments, the Supreme Court (today on May 15), held that the ratio laid down in the judgment in the case Pankaj Bansal v Union of India mandating that grounds of arrest must be supplied to the accused in writing will also apply in the cases registered under the Unlawful Activities (Prevention) Act 1967. The Bench of Justices BR Gavai and Sandeep Mehta made...
Labelling and Re-Labelling of Containers Qualifies as 'Manufacture' for CENVAT Credit Under Excise Act: Supreme Court
The Supreme Court has held that labelling or re-labelling of containers amounts to 'manufacture' under the Central Excise Act for availing cenvat creditThe bench of Justices A. S. Oka and Ujjal Bhuyan was pronouncing its judgment on an appeal by the revenue under Section 35L(1)(b) of the Central Excise Act, 1944 against a 2015 order passed by the CESTAT, Mumbai.By the impugned order, CESTAT...
Wrong Doers Cannot Be Allowed To Make Profit Out Of Their Own Wrongs : Supreme Court
The Supreme Court has reiterated that no one can be permitted to take undue advantage of his own wrong to gain favourable interpretation of law, and that he who prevents a thing from being done shall not avail himself of the non- performance he has occasionedThe bench of Justices B. R. Gavai and Sandeep Mehta was pronouncing its decision on the Municipal Committee, Katra's appeal against the...
'Hierarchy of Judiciary Must Be Respected' : Supreme Court Cautions NCDRC Members Who Passed Directions Contrary To SC Order, Closes Contempt Case
The Supreme Court on Wednesday(May 15) warned/ cautioned the two members of the National Consumer Disputes Redressal Commission (NCDRC) for issuing non-bailable warrants against the directors of a company, ignoring a previous interim order of the Supreme Court. While closing the contempt proceedings initiated against them, the Court categorically marked that all orders passed by the...
Prabir Purkayastha's Arrest By Delhi Police & Remand Illegal : Supreme Court Orders NewsClick Editor's Release In UAPA Case
In a major development, the Supreme Court on Wednesday (May 15) declared as illegal NewsClick founder and Editor-in-Chief Prabir Purkayastha's arrest by the Delhi police and his remand in a case under the Unlawful Activities (Prevention) Act 1967.The Court noted that a copy of the remand application was not provided to Purkayastha or his counsel before passing the remand order on October 4,...