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'Sickness Not Serious' : Supreme Court Refuses To Grant Bail To TN Minister Senthil Balaji On Medical Grounds; Allows To Seek Regular Bail
The Supreme Court on Tuesday (November 28) refused to grant Tamil Nadu minister and DMK leader Senthil Balaji bail on medical grounds. He was arrested by the Enforcement Directorate in June this year in connection with a cash-for-job money laundering case. During the hearing today, Balaji, represented by Senior Advocate Mukul Rohatgi withdrew his bail application after the court...
Lawyers Shouldn't Treat Legal Aid As Charity; Progress In Legal Profession Is Not Corporate Or Govt Work Alone: Attorney General R Venkataramani
In a compelling address at the first regional conference on Access to Legal Aid, organized by the National Legal Services Authority (NALSA) in collaboration with the International Legal Foundation (ILF), UNDP, and UNICEF, Attorney General R Venkatramani emphasized the imperative for lawyers to consider participation in legal aid services not just as a professional duty but as an ethical and...
PMLA : Questions Raised By Supreme Court About ED's Powers While Hearing Plea To Reconsider 'Vijay Madanlal Choudhary' Decision
Last week, the Supreme Court, while hearing a batch of applications seeking reconsideration of its Vijay Madanlal Choudhary ruling, flagged certain issues regardingthe powers and discretion of the Enforcement Directorate.A bench of Justices Sanjay Kishan Kaul, Sanjiv Khanna, and Bela M Trivedi was hearing several petitions questioning the soundness of the Vijay Madanlal Choudhary ruling,...
Supreme Court Half Yearly Digest 2023- Land Laws
Constitution of India, 1950; Article 254 - The Tamil Nadu Highways Act 2001 cannot be invalidated on the ground that is provisions are at variance from the Right to Fair Compensation and Transparency in Land Acquisition; Rehabilitation and Resettlement Act, 2013. Since the Tamil Nadu Act has received the assent of the President under Article 254(2) of the Constitution of India, there is no...
No Expert Opinion Produced To Show If Adulterated Mixture Was Sold Instead Of Petrol & Diesel : Supreme Court Quashes Chargesheet
The Supreme Court recently quashed a chargesheet in a case where it was alleged that the appellants were cheating thousands of customers by supplying an adulterated mixture instead of petrol or diesel. The Court emphasized that the prosecution's reliance on the charge sheet without a supporting expert opinion on the nature of the liquid seized makes the case untenable.The absence of an...
Can't Stifle Police Investigation Initiated At Orders Of Magistrate U/S 156(3) CrPC, Accused May Raise Challenge At Cognizance Stage: Kerala HC
The Kerala High Court has said that when a FIR is registered at the directions of a Magistrate under Section 156(3) CrPC, the High Court may not exercise jurisdiction under Section 482 CrPC and quash such FIR unless there are compelling and justifiable reasons.Justice Sophy Thomas said that in such cases, the accused may raise a challenge if final report is filed charging him/her for a...
Legal Profession Can't Be Litigation Focused; Adversarial System Affects Rights Of Poor: Attorney General Stresses On Mediation
On the Constitution Day, the Attorney General for India R Venkatramani appealed for governments to prioritize their focus on mediation, stating that the legal profession could not be a litigation focused institution as the resolution of disputes and differences through an adversarial system, affected the access to justice of the poor, marginalised, and the economically weaker sections. He...
“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-I]
I N T R O D U C T I O N Any discussion on Section 27 of the Indian Evidence Act, 1872 will be incomplete without reference to Sections 25 and 26 of the Evidence Act. Section 25 prohibits proof of “confession” made directly to a “police officer” by an accused person. Section 26 interdicts proof of a “confession” made by an accused person while he is in the custody of...
Splitting Of Trial Under S. 317(2) Of Cr. P.C Can't Be Done When Further Investigation Has Already Been Ordered: Supreme Court
The Supreme Court recently held that splitting of trial under section 317(2) of Cr. P.C., 1973 cannot be ordered when further investigation has already been ordered. Moreover, it cannot be done when the investigating agency has not furnished a non-traceable certificate before it.It is pertinent to note section 317(2) CrPC which states: If the accused in any such case is not represented by...
Writ Petition Maintainable If Insurer Disallows Claim De Hors Specific Policy Terms: Delhi High Court
Allowing a couple’s insurance claim in respect of travel bookings cancelled due to Covid-19 onset, the Delhi High Court recently held that a writ petition would be maintainable if the court finds that insurer has illegally repudiated the claim de hors specific terms of the policy. Observing that the court could exercise jurisdiction under Article 226 of the Constitution to enforce...
All India Tourist Buses Cannot Be Operated As Stage Carriages : Kerala High Court
The Kerala High Court on Friday passed an interim order directing that all India tourist vehicles cannot be permitted to operate as stage carriers. The Court also directed that authorities can take appropriate actions against tourist buses with all India tourist permits that operate as stage carriages.Justice Dinesh Kumar Singh also directed the petitioners who were tourist bus operators to...
PIL In Patna High Court Challenges Bihar Law Increasing Reservation To 65%; Says SEBC Quota Need Not Be Proportionate To Population
A Public Interest Litigation (PIL) has been filed in the Patna High Court challenging the recent amendment passed by the Bihar Legislature to increase the reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes from the existing 50% to 65%.The petition challenges constitutional validity of the Bihar Reservation (for Scheduled Castes, Scheduled...