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Arrest A Classic Case Of Ruling Party Misusing ED To Crush Political Opponent, No Money Traced To AAP : Arvind Kejriwal To Supreme Court
Delhi Chief Minister Arvind Kejriwal has told the Supreme Court that his arrest by the Enforcement Directorate (ED) in the liquor policy case is illegal and constitutes an “unprecedented assault” on the tenets of democracy based on “free and fair elections and federalism.”Kejriwal, who is presently in judicial custody, has told the Apex Court that the money laundering case is a “classic case” of how the ruling party led central government has misused ED and its wide powers under PMLA to...
Supreme Court Stays Construction Of 4 Dams In Haryana's Kalesar Wildlife Sanctuary
The Supreme Court has stayed the construction of four dams in the Kalesar Wildlife Sanctuary in Haryanain view of the report of the Wildlife Institute of India that their construction will adversely impact the wildlife population and the ecosystem.The WII found that the construction of four dams—Chikan Dam, Kansli Dam, Ambawali Dam, and Khillanwalla—in Kalesar Wildlife Sanctuary, Haryana, "will not only be determinantal to the Wild Life population but also to the ecosystem", the Court noted.The...
For Summoning Accused, Prima Facie Case Made Out From Allegations In Complaint Is Sufficient: Supreme Court
For summoning of an accused, prima facie case made out on the basis of allegations in the complaint and the pre-summoning evidence led by the complainant is sufficient, the Supreme Court held.Reversing the findings of the High Court and Sessions Court which had quashed the issuance of summons, the bench comprising Justices C.T. Ravikumar and Rajesh Bindal observed that the courts below have erred in quashing the issuance of summons by entering into a mini-trial as if the findings of the...
The Complete Supreme Court Annual Digest- 2023 [Part-XI]
Eyewitness Merely because there are certain lacunae in the investigation, it cannot be a ground to disbelieve the testimony of eye-witnesses. (Para 47) Madan v. State of Uttar Pradesh, 2023 LiveLaw (SC) 982 Ocular evidence undoubtedly fares better than other kinds of evidence and is considered evidence of a strong nature. The principle is that if the eyewitness testimony is...
Supreme Court Issues Contempt Notice To Delhi Development Authority Vice Chairman For Felling Trees
The Supreme Court on Wednesday issued contempt notice to the vice-chairman of the Delhi Development Authority (DDA) for the felling of over 1,000 trees for the construction of an approach road between Chattarpur Road and SAARC University near Maidan Garhi here.A bench of justices B R Gavai and Sandeep Mehta noted :"Prima facie, we find that the action of DDA of felling the trees for constructing the road is in contempt of order passed by this court dated February 8 and March 4, 2024. Issue...
Supreme Court Weekly Digest With Subject /Statute Wise Index [March 25 to 31]
Citations 2024 LiveLaw (SC) 256 to 2024 LiveLaw (SC) 268Arbitration and Conciliation Act, 1996Arbitration and Conciliation Act, 1996; Section 48 – Enforcement of foreign award in India challenged on grounds of arbitral bias – In India, courts must adopt an internationally recognized narrow standard of public policy, when dealing with the aspect of bias. Refusal of enforcement of foreign...
When Does Debt Become Financial Debt & Operational Debt Under IBC? Supreme Court Explains
In a significant development, the Supreme Court on Thursday (April 25) held that debt would be treated as an operational debt only if the claim subject matter of the debt has some connection or co-relation with the 'service' rendered by the creditor to the debtor."Where one party owes a debt to another and when the creditor is claiming under a written agreement/ arrangement providing...
Can SC Transfer Cheque Dishonour Case To Jurisdiction Where Drawer's Bak Is Situated Despite S.142A NI Act? Supreme Court To Consider
The Supreme Court on Wednesday (April 24) decided to implead the Union of India as a party to the proceedings that involve the interpretation and consideration of consequences of the amendment made to Section 142A of the Negotiable Instruments Act.“Taking note of the fact that issue involved requires interpretation and also consideration of consequence of the amendment made to Section 142A of the Negotiable Instruments Act, we are of the considered view that Union of India is to be made a party...
Supreme Court Flags Practical Difficulties In Handling Case Files, Calls For SOP By Registry To Properly Maintain SLP Paper Books
The Supreme Court (on April 26) expressed difficulty in its day-to-day functioning due to issues related to paper books, failure to send convenience compilations and other similar problems. The issues include orders not being attached to paper books, counter-affidavits attached to SLP paper books without clear indication, failure to send convenience compilations to judges, improper exhibition of interlocutory applications (IA) numbers, and other ancillary issues. After outlining the...
Reasons Given By Supreme Court To Reject Manual Counting Of All VVPAT Slips
Delivering verdict on the pleas for 100% cross-verification of EVM data with VVPAT records, the Supreme Court has declined to increase the number of VVPAT slips undergoing count per assembly segment in a parliamentary constituency.As mentioned in the earlier reports, a bench of Justices Sanjiv Khanna and Dipankar Datta rendered two separate, concurring judgments in the matter. Although the prayers of the petitioners were rejected, two directions were passed relating to storage of Symbol Loading...
Supreme Court Expresses Dissatisfaction At Rajasthan Police For Not Suspending Officers Accused Of Torturing Witness
Today (on April 26), the Supreme Court, while hearing a matter in which a prosecution witness had levied allegations against police officials of assault, prima facie noted that it is not satisfied with the action taken by the Director General of Police (DGP), Rajasthan, in this regard. The Bench of Justices Abhay S Oka and Ujjal Bhuyan was hearing the petitioner-accused's challenge to a Rajasthan High Court order declining bail when it noted that though the prosecution witness in question...