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Supreme Court Bench Led By Justice Chandrachud To Hear Plea Against Aarey Tree Felling
The Chief Justice of India on Wednesday directed the listing of the petition challenging the cutting of trees in Aarey in Mumbai before a bench led by Justice Chandrachud.The matter was mentioned before the CJI for urgent listing by Senior Advocate Anita Shenoy who said that cutting of trees has been going on since July 25.In 2019, the Supreme Court had registered a suo motu case titled "In...
Judge Alleges Suspension By High Court For Deciding POCSO Cases Within Days; Approaches Supreme Court
An Additional District Judge from Bihar has approached Supreme Court challenging the order of suspension passed by the Patna High Court and purported disciplinary proceedings. Senior Advocate Vikas Singh on Wednesday had mentioned the plea bench of Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli. Urging the bench to not delete the plea which has been...
Additional Chief Metropolitan Magistrate & Addl District Magistrate Can Exercise Section 14 SARFAESI Powers : Supreme Court Overrules 3 HC Judgments
The Supreme Court held that the District Magistrate, Chief Metropolitan Magistrate is not a persona designata for the purposes of Section 14 of the SARFAESI Act. Thus, the expression "District Magistrate" and the "Chief Metropolitan Magistrate" as appearing in Section 14 of the SARFAESI Act shall deem to mean and include Additional District Magistrate...
Money Laundering Offence Attracted By Mere Possession Of Crime Proceeds ; Projection As Untainted Property Not Required : SC Interprets "And" In Sec 3 PMLA As "Or"
By interpreting "and" in Section 3 of the Prevention of Money Laundering Act 2002 (PMLA) as "or", the Supreme Court held that mere possession or concealment of the proceeds of the crime is sufficient for the offence of money laundering and that it need not be projected as an untainted property.The Court on Wednesday held that Section 3 of Prevention of Money Laundering Act, 2002 (PMLA)...
"Money-Laundering A Heinous Crime ; Twin Conditions For Bail Not Unreasonable": Supreme Court Upholds Section 45(1) PMLA
The Supreme Court upheld the Constitutional validity of "twin conditions" for bail under amended Section 45 of the Prevention of Money Laundering Act, 2002 Act.Money-laundering is one of the heinous crimes, which not only affects the social and economic fabric of the nation, but also tends to promote other heinous offences, such as terrorism, offences related to NDPS Act, etc., the three...
Section 226 CrPC - Public Prosecutor Owes A Duty To Give A Fair idea Regarding Prosecution Case To Trial Court: Supreme Court
The Supreme Court observed that before a Trial Court proceeds to frame the charge against the accused, the Public Prosecutor owes a duty to give a fair idea to the Court as regards the case of the prosecution.Section 226 CrPC permits the prosecution to make the first impression regards a case, one which might be difficult to dispel, the bench comprising Justices AM Khanwilkar, Abhay S Oka and...
'Prisoner Can't Be Given Parole To Beget A Child' : Rajasthan Govt Approaches Supreme Court Against HC Order
The State government of Rajasthan has filed a special leave petition before the Supreme Court challenging a Rajasthan High Court judgment which granted parole to a murder convict for 15 days to engage in conjugal relations with his wife.On April 5, 2022, a division bench of Rajasthan High Court, Jodhpur observed that denial to the convict-prisoner to perform conjugal relationship with his...
ECIR Not Equal To FIR, Not Necessary To Supply It To Accused; Disclosure Of Grounds Of Arrest Sufficient : Supreme Court
The Supreme Court observed there is no need to formally register an Enforcement Case Information Report (ECIR) before initiating penal action or prosecution against the person involved with process or activity connected with proceeds of crime under the Prevention of Money Laundering Act, 2002."Suffice it to observe that ECIR cannot be equated with an FIR which is mandatorily required to...
Supreme Court To Hear Sanjiv Bhatt's Plea To Suspend Sentence In 1990 Custodial Death Case On August 3
The Supreme Court today adjourned the petition filed by former IPS officer Sanjiv Bhatt seeking suspension of sentence in the 1990 custodial death case, after the bench was told that the Advocate on Record has been changed.During the hearing today, Advocate Farrukh Rasheed sought for an adjournment in the matter as another counsel has been engaged in the matter. He informed the Bench that he...
EWS Issue : Supreme Court To Hear Plea Challenging Validity Of ₹ 8 Lakhs Annual Income Criteria On August 2
The Supreme Court on Wednesday posted the petitions challenging the validity of criteria of Rupees 8 Lakhs annual income limit as the upper limit for seeking Economically Weaker Sections(EWS) reservation in the All India Quota for NEET admissions for August 2, 2022.The petitions were listed before the bench of Justices DY Chandrachud and Surya Kant. The bench agreed to list the...
ED Authorities Are Not Police Officers; Article 20(3) Protection Available Only After Arrest & Not At Summons Stage : Supreme Court
The Supreme Court has held that the authorities of the Directorate of Enforcement(ED) who are investigating into money laundering cases as per the Prevention of Money Laundering Act are not "police officers". Hence, the statements recorded by ED authorities under Section 50 of the PMLA Act while inquiring into the proceeds of crime are not hit by Article 20(3) of the Constitution (the...