Top Three News
PMLA Judgment : A Critique Of Upholding Of Twin Conditions For Bail
The Supreme Court, in Vijay Madanlal Choudhary vs Union of India 2022 LiveLaw (SC) 633, has upheld the Constitutional validity of "twin conditions" for bail under amended Section 45(1) of the Prevention of Money Laundering Act, 2002 Act. These twin conditions are that the Court should be satisfied that (i) there are reasonable grounds for believing that the accused is not guilty of such...
Madras High Court Directs TN Govt To Include Photographs Of President & Prime Minister In All Advertisements Of Chess Olympiad 2022
On a plea seeking the inclusion of photographs of the Prime Minister and the President of India in the advertisements for the 44th Chess Olympiad organised by the Federation Internationale des Echecs [FIDE], the Madras High Court directed the State government to ensure that the pictures of the Prime Minister and the President are included in all the advertisements. The division bench of...
Mother Can Give Surname Of Second Husband To Child After Death Of Biological Father : Supreme Court
The Supreme Court has observed that a mother who remarries after the death of the biological father can decide the surname of the child and include it in her new family.The bench comprising Justices Dinesh Maheshwari and Krishna Murari set aside an Andhra Pradesh High Court judgment which directed a mother to change the surname of her child and also to show the name of her new husband in...
"Petitioner Complained To CJI" : Bombay HC Chief Justice Recuses From Hearing Plea Challenging CBI Director's Appointment
Bombay High Court Chief Justice Dipankar Datta on Thursday recused from hearing the PIL challenging the appointment of IPS officer Subodh Kumar Jaiswal as the Director of the Central Bureau of Investigation.The CJ recused himself from the matter citing a complaint letter filed against him to the Chief Justice of India by the petitioner Rajendrakumar Trivedi in March, 2022.However, Trivedi...
GST Council Recommendations On Rates Binding On Centre & States, Supreme Court Judgment Doesn't Alter This Position : Centre To Rajya Sabha
The Minister of State for Finance Pankaj Chaudhary has informed Rajya Sabha that the recommendations of the GST council regarding the rates of Goods and Services Tax are binding on the Centre and the States and that the Supreme Court' judgment in Union of India & Anr. v. M/s Mohit Minerals Pvt. Ltd does not alter this position.The written reply stated :"The Constitution has vested upon...
Supreme Court Directs Pay Hike For Judicial Officers As Per Judicial Pay Commission Recommendations From January 1,2016; Arrears To Be Paid By June 30, 2023
Emphasizing on the need to revise the pay structure for the judicial officers, the Supreme Court on Wednesday ordered for implementation of the enhanced pay scale as recommended by the Second National Judicial Pay Commission with effect from January 1, 2016. The bench of Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli also directed the Center and the States...
BREAKING| Supreme Court Upholds ED's Power Of Arrest, Attachment, Search & Seizure And "Twin-Conditions" For Bail; Says PMLA Has Stringent Safeguards
The Supreme Court, on Wednesday, upheld the provisions of Prevention of Money Laundering Act, 2002 which relate to the power of arrest, attachment and search and seizure conferred on the Enforcement Directorate.The Court upheld the constitutionality of the provisions of Sections 5, 8(4), 15, 17 and 19 of the PMLA, which relate to the powers of ED's power of arrest, attachment, search...
Ayurvedic Doctors Entitled To Continue In Service Till Completion Of Age Of 62 Yrs: Rajasthan High Court
While hearing a batch of writ petitions challenging different age of superannuation for Allopathic Doctors vis-a-vis Ayurvedic Doctors, the division bench of Rajasthan High Court observed that Ayurvedic Doctors are entitled to continue in service till completion of age of 62 years, which is applicable in the case of Allopathic Doctors.Reliance was placed on the Supreme Court's decision in...
Haj Group Organizers Are Not Performing Religious Ceremonies, Can't Claim GST Exemption : Supreme Court
The Supreme Court has held that Haj Group Organisers (HGOs) or Private Tour Operators(PTOs) cannot seek exemption from the Goods and Services Tax(GST) for their services as per the Mega Exemption Notification issued under the GST Act(All India Haj Umrah Tour Organizer Association Mumbai v. Union of India And Ors)The notification provided exemption for "conduct of any religious ceremony"...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (July 18 - July 24, 2022)
Arbitration and Conciliation Act, 1996; Section 7 - Parties to the contract are free to agree on applicability of (1) proper law of contract, (2) proper law of arbitration agreement and (3) proper law of the conduct of arbitration. Parties to the contract also may agree for matters excluded from the purview of arbitration - Unless the effect of agreement results in performance of an...
Start Appointment Process For Consumer Commissions 6 Months Before Vacancies Arise : Supreme Court To States
In connection with the filling up of vacancies in consumer commissions, the Supreme Court on Tuesday, noting that the provisions of Rule 6(4) of the consumer protection rules 2020 require that the process of appointments shall be initiated by the state governments atleast six months before the vacancy arises, observed that this is a statutory rule which is required to be followed by all...