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NI Act | Large Number Of Cheque Bounce Cases Serious Concern, Courts Must Encourage Compounding If Parties Are Willing: Supreme Court
The Supreme Court recently reiterated that the purpose of making cheque bounce an offence was to ensure reliability of cheques, and compensatory aspect of remedy under the Negotiable Instruments Act, 1881 has priority over the punitive aspect in such cases.A bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah observed that courts should encourage settlement in cheque...
Supreme Court To Hear Plea Seeking SIT Probe Into Electoral Bonds 'Quid Pro Quo' On Monday
The Supreme Court will consider the plea for setting up a Special Investigation Team (SIT) to look into the alleged 'quid-pro-quo' arrangements under the Electoral Bonds Scheme on Monday along with other similar petitions. Advocate Prashant Bhushan brought up the matter before the bench led by CJI DY Chandrachud, mentioning that the plea seeking SIT probe was listed for Monday. However, he...
Bilkis Bano Case: Supreme Court Refuses To Entertain Plea By 2 Convicts Challenging Setting Aside Of Gujarat Govt Remission
The Supreme Court today refused to entertain a plea filed by 2 convicts in the Bilkis Bano rape case challenging the January 8 judgment which set aside their remission granted by the Gujarat Government and directed them to surrender.A bench of Justices Sanjiv Khanna and Sanjay Kumar heard the matter and ultimately dismissed the plea as withdrawn, while expressing that it cannot sit in appeal...
Does Article 361 Bar Investigation Against Governor? Supreme Court Seeks AG's Assistance On WB Governor's Immunity In Molestation Case
The Supreme Court on Friday (July 19) sought the assistance of the Attorney General for India in a petition filed by a former woman employee of West Bengal Raj Bhavan challenging the immunity claimed by the State's Governor CV Ananda Bose against the investigation in the molestation complaint levelled by the woman against the Governor.The petitioner contended that the immunity granted...
Madras High Court Questions Need To Bring 'New Criminal Laws', Says Govt Could Have Amended IPC, CrPC & Evidence Act To Bring Changes
The Madras High Court today wondered what prompted the Central government to repeal the erstwhile criminal laws of IPC, CrPC and the Evidence Act when any proposed changes could have been incorporated by way of amendments to those Acts.While hearing three PILs filed by DMK organising secretary RS Bharathi challenging the constitutional validity of the BNS, BNSS and BSA, a division bench headed...
Maharashtra's Amendment Exempting Private Schools From 25% RTE Quota If Govt-Run School Exists Nearby 'Unconstitutional': High Court
The Bombay High Court has held that Maharashtra government's decision exempting private unaided schools from providing 25% quota in Class I or Pre-school for children of disadvantaged sections, if there is a government-run or aided school within 1 km radius of that private school, is "unconstitutional".The decision was taken by the State this year by amending the Maharashtra Right of Children...
Supreme Court Allows Member From Another Bench To Join NGT Pune Bench Virtually
The Supreme Court, through its order dated July 18, permitted the National Green Tribunal (NGT), Pune, to constitute a Bench with one member joining virtually from either the Principal Seat or another Bench. The order was passed by Justices B.R Gavai, KV Viswanathan and Nongmeikapam Kotiswar Singh in a case wherein it had ordered all the NGT matters of Pune Western Zone's jurisdiction to...
Husband Convicted For Causing Dowry Death Cannot Inherit Deceased Wife's Property Under Hindu Succession Act: Bombay High Court
A husband convicted for causing the dowry death of his wife stands disqualified from inheriting the property of the deceased wife as provided under Section 25 of the Hindu Succession Act, the Bombay High Court held recently.Single-judge Justice Nijamoodin Jamadar rejected the argument of the Testamentary Department which opined that a person convicted for causing dowry death (under section...
Arbitration | Referral Courts Must Not Conduct Intricate Enquiry On Whether Claims Are Time-Barred : Supreme Court Clarifies 'Arif Azim' Judgment
The Supreme Court held that while deciding a Section 11(6) petition for an appointment of an arbitrator, the referral courts must not conduct an intricate evidentiary enquiry into the question of whether the claims raised by the applicant are time-barred and should leave that question for determination by the arbitrator. The Court said that the referral court should limit its enquiry...
UAPA | 'Watali' Judgment Not A Precedent to Deny Bail To Undertrial In Long Custody With No End In Sight Of Trial: Supreme Court
The Supreme Court while granting bail to a man accused under the Unlawful Activities (Prevention) Act, 1967 (UAPA) observed that the judgement in the case of NIA v. Zahoor Ahmad Shah Watali cannot be cited as a precedent to deny bail in UAPA cases where the accused has suffered long incarceration.The court noted that in Watali case, the bail granted by the High Court was set aside due to...
'Assurances Of Railway On Kavach Appear To Be Misleading' : Plea In Supreme Court To Reopen Rail Safety Case
In the wake of the recent derailment of the Kanchenjunga Express, a fresh plea has been filed in the Supreme Court seeking directions to the Railways to implement the "Kavach" anti-collision system across the rail network. The petitioner urged the Court to seek an explanation from the Railways regarding the causes of the recent train accident and specific information on Kavach...
State Has Constitutional Duty To Protect & Restore Water Bodies: Supreme Court
The Supreme Court on Tuesday (July 16) observed that the State has the constitutional duty to not only protect water bodies within the state but also to restore those water bodies which have been illegally filled in.A bench of Justice Abhay S Oka and Justice Augustine George Masih ordered the State of Uttar Pradesh to constitute a committee of senior officials to investigate instances where...