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id_220
4
Section 33 of the Arbitration Act, 1940 allowed any party to the arbitration agreement to file an application before the courts challenging the existence or validity of an arbitration agreement. Earlier, the Supreme Court of India consistently held that the question as to the existence or validity of an arbitration agr...
id_220
5
Accordingly, the High Level Committee recommended the amendment of Section 11 to provide for appointment of arbitrators solely by arbitral institutions designated by the Supreme Court in case of international commercial arbitrations or the High Court in case of all other arbitrations. In view of the report of the High ...
id_220
6
It is the arbitral tribunal and not the court which may test whether the requirements of a valid contract and a valid arbitration agreement are met. If the tribunal finds that these conditions are not met, it will decline to hear the dispute any further. If it finds that a valid arbitration agreement exists, it may ass...
id_220
7
N N Global 1 (supra) doubted the correctness of the view taken in paragraphs 146 and 147 of the 127‑coordinate Bench in Vidya Drolia (supra), where the three‑Judge Bench relied on Garware Wall Ropes (supra). In paragraph 146, this Supreme Court of India was dealing with the issue of whether the expression “existence” a...
id_220
8
The Stamp Act is a fiscal measure with the object to secure revenue for the State on certain classes of instruments. The Stamp Act is not enacted to arm the litigant with a weapon of technicality to meet the case of his opponent. As there is no rule which prescribes any time for furnishing of stamp paper or to call upo...
id_222
0
Reportable Writ Petition (Civil) No. 961 of 2021 Neil Aurelio Nunes and Others Petitioners versus Union of India and Others Respondents. Writ Petition (Civil) No. 967 of 2021, Writ Petition (Civil) No. 1002 of 2021, Writ Petition (Civil) No. 1021 of 2021 and Writ Petition (Civil) No. 1105 of 2021. Dr Dhananjaya Y Chand...
id_222
1
Shri Phool Singh emphatically provided a conception of substantive equality when he stated that merit of candidates cannot be evaluated through an open competition without regard to their social positions. He further highlighted that the meaning of merit should also take into reference the task that is to be carried ou...
id_222
2
If potential for rural service or aptitude for rendering medical attention among backward people is a criterion of merit and it, undoubtedly, is in a land of sickness and misery, neglect and penury, wails and tears then, surely, belonging to a university catering to a deprived region is a plus point of merit. Excellenc...
id_222
3
We therefore agree with the Government of India that the formula adopted by us in our main judgment dated June 22, 1984 (Dr Pradeep Jain v. Union of India, (1984) 3 SCC 654) for determining the number of seats which should be made available for admission on the basis of All‑India Entrance Examination should be changed....
id_222
4
Though the Act of 2006 would not be applicable to the seats earmarked for All India Quota in State‑run institutions since it would not fall within the definition of a Central educational institution under the Act, the Union of India, in view of Article 15(5) of the Constitution, has the power to provide reservations fo...
id_222
5
At this stage, a reference must be made to the Major Sinho Commission report since the Union Government has strongly relied on the observations in the report on using the income limit for identifying the creamy layer of the Other Backward Classes for determining the Economically Weaker Sections. The Major Sinho Commiss...
id_222
6
Considering that the cut‑off of Rs 2.5 lakhs was fixed in 2004, the amount may be increased by 10‑12 percent. The Pandey Committee report states that although the bulk of the qualifying candidates are below Rs 5 lakhs, a somewhat higher threshold is needed to ensure that deserving beneficiaries affected by factors such...
id_224
0
(Arising out of Special Leave Petition (Civil) No. 6732/2021) (Arising out of Special Leave Petition (Civil) No. 5930/2021) (Arising out of Special Leave Petition (Civil) No. 6733/2021) (Arising out of Special Leave Petition (Civil) No. 16448 of 2021) Diary No. 11655/2021 (Arising out of Special Leave Petition (Civil) ...
id_224
1
The laudatory objectives for creation of the National Green Tribunal would implore us to adopt an interpretive process which will achieve the legislative purpose and eschew procedural impediment or incapacity. The precedents of the Supreme Court of India suggest a construction which fulfills the object of the Act. The ...
id_224
2
Tracing the origin of the Precautionary Principle, Scott Lafranchi in his treatise has expounded on the proactive role of the authorities in the following passage: Many consider the German development of Vorsorgeprinzip to signify the true creation of the precautionary principle, in light of the attention it focuses on...
id_225
0
In the High Court of Judicature at Bombay, Criminal Appellate Jurisdiction, Criminal Appeal No. 1301 of 2012, the State of Maharashtra, through Paud Police Station, Appellant, versus Dr. Anil Kacharu Shinde, Respondent. Mr. S. H. Yadav, APP for the appellant. Mr. Sandeep S. Salunkhe for the respondent. CORAM: Justice J...
id_228
0
Case: Writ Petition No. 16336 of 2021. Petitioner: Shifa Hasan and another. Respondent: State of Uttar Pradesh and others. Counsel for petitioner: Satyendra Kumar Singh. Honourable Manoj Kumar Gupta, Judge. Honourable Deepak Verma, Judge. Heard learned counsel for the petitioners and learned Standing Counsel for the St...
id_229
0
Criminal Original Petition (Miscellaneous Division) No. 1344 of 2022 Muruganantham Petitioner. The Director General of Police, Police Headquarters, No. 1, Radhakrishnan Salai, Mylapore, Chennai 600004. The Deputy Inspector General of Police, Trichy Zone, Trichy. The Superintendent of Police, Thanjavur District, Thanjav...
id_229
1
The BJP, citing a video clip of the girl, is claiming there was an attempt to convert the girl to Christianity. It was wrong. They should not have recorded the girl's statement. They had questioned her in a provocative manner and she had not given any clear‑cut answer. But a life has been lost, and whoever is responsib...
id_232
0
Session Case No. 02/2020, CNR No. DLCT11-000321-2020, FIR No. 213/2020, Police Station Neb Sarai Versus Prakash Jarwal (the then Member of Legislative Assembly from Deoli/Devli, Delhi Constituency), Kapil Nagar, Harish Kumar Jarwal. Date of institution of case: 07.11.2020. Date of conclusion of arguments: 08.02.2024. D...
id_232
1
He also denied knowing anything about this case and making of his alleged statement marked PW14/1 under Section 161 of the Criminal Procedure Code to the police., PW15, Sh. Ajit Kumar, was having one self‑driven tanker attached with Delhi Jal Board and, though he stated that he had heard the name of the deceased, he de...
id_232
2
Kumar Rajiv is the main Investigating Officer and he stated that the investigation of the present case was transferred and the case file was received in the District Investigation Unit, South District from Police Station Neb Sarai on 30 April 2020, after which he examined the case file. He examined the complainant Shri...
id_232
3
Counsel that evidence on record nowhere shows that alleged delay in release of payments, if any, to family of deceased was because of influence or role played by A1 or any other accused. It is further his submission that no recovery of any part of amounts allegedly extorted from the deceased has been effected from any ...
id_232
4
PW34/A, the witness, stated that A-1 was continuously harassing his uncle since the time he became a Member of Legislative Assembly on ticket of the Aam Aadmi Party and he illegally demanded money from his uncle Dr. Rajendra Singh, who had been providing services of his tankers in Delhi Jal Board since the year 2005. P...
id_232
5
However, as also discussed above, since prosecution failed to establish on record that the writing marked A27 appearing in the bill book Ex.PW1/C left by the deceased was an admitted handwriting of the deceased, the depositions of Person Witness 59 and the conclusions drawn by her in her report Ex.PW59/A are to be cons...
id_232
6
The distance of time alone in such cases would not make the statement irrelevant. Thus, it is clear from the observations made by their Lordships of the Hon'ble Supreme Court of India that the test of proximity cannot be too literally construed and reduced to a cut‑and‑dried formula of universal application. Proximity ...
id_232
7
He had also duly proved on record his report dated 06.01.2021 given to this effect as Exhibit PW63/A. The mobile phone of make Samsung J-7 was marked as Mobile Phone 1 (MP1) during the process. Along with this phone, two SIM cards (SIM Card 1 and SIM Card 2) and one memory card (Memory Card 1) were examined and the dat...
id_232
8
It is also settled that direct evidence about existence of a criminal conspiracy is seldom available as such conspiracies are hatched in privacy and behind closed doors and hence, the courts have to consider and appreciate the evidence led on record in entirety to find out the circumstances showing existence of such a ...
id_232
9
Some other evidence is also found to have been led on record by the prosecution in corroboration to the above charge for offence under Section 506 of the Indian Penal Code as framed against this accused and it is in the form of documentary or scientific evidence related to the recorded conversations of this accused wit...
id_233
0
Zishan Mukhtar Hussain Siddique, age 33 years, occupation Furniture Showroom, residing at Room No. 904, B‑Wing, Poonam Shruti CHS Ltd., Latif Park, S. K. Stone Road, Mira Road (East), Thane 401107, is the petitioner. The respondent is the State of Maharashtra (through Mira Road Police Station). Mr. Anees Shaikh appears...
id_234
0
Preface: Plato, the Greek philosopher in his treatise The Laws, underscores that punishment is to be inflicted, not for the sake of vengeance, for what is done cannot be undone, but for the sake of prevention and reformation (Thomas L. Pangle, The Laws of Plato, Basic Book Publishers, 1980). In his treatise, Plato reas...
id_234
1
Gulzar Ahmed Azmi versus Union of India, (2012) 10 SCC 73 (Gulzar Ahmed); Simranjit Singh Mann versus Union of India, (1992) 4 SCC 65 (Simranjit Singh); and Ashok Kumar Pandey versus State of West Bengal, (2004) 3 SCC 349 (Ashok Kumar). It is submitted that a third party stranger either under the provisions of the Crim...
id_234
2
It was further contended that the remission orders under challenge failed to meet the criteria laid down by the Supreme Court of India in Sangeet and Ram Chander vs. State of Chhattisgarh, (2022) 12 SCC 52 (Ram Chander), wherein it has been stated that the appropriate government must obtain the opinion of the Presiding...
id_234
3
No.135 of 2022 vide judgment dated 13 May 2022 held that the policy applicable for deciding the remission application was the one in vogue at the time of conviction, i.e., the Premature Release Policy of 1992, and that for the purposes of Section 432 of the Code of Criminal Procedure, the appropriate government for con...
id_234
4
It was also contended that reliance cannot be placed on documents, such as a letter dated 09.07.2022 of the Central Bureau of Investigation, wherein an affirmative opinion on remission was expressed, as well as a letter produced by respondent No.3 containing the affirmative opinion of the Special Judge (Central Bureau ...
id_234
5
Although no convict can be said to have any constitutional right for obtaining remission in his sentence, the policy decision itself must be held to have conferred a right to be considered therefor. Whether by reason of a statutory rule or otherwise if a policy decision has been laid down, the persons who come within t...
id_234
6
A sentence of imprisonment for life means a sentence for the entire life of the prisoner unless the appropriate Government chooses to exercise its discretion to remit either the whole or a part of the sentence under Section 401 of the Code of Criminal Procedure. The appropriate Government has the undoubted discretion t...
id_234
7
On such an application being made, the appropriate Government is required to approach the Presiding Judge of the Court before or by which the conviction was made or confirmed to opine (with reasons) whether the application should be granted or refused. Thereafter, the appropriate Government may take a decision on the r...
id_234
8
Point No.4 asks whether the impugned order of remission passed by the respondent State of Gujarat in favour of respondents Nos.3 to 13 is in accordance with law. We have perused the original record, which is the English translation from Gujarati language., According to the respondent State of Gujarat, Radheshyam Bhagwa...
id_234
9
Supreme Court of India while allowing the appeal of the appellant therein complainant held that the High Court of Gujarat fell in error in holding that the convicts were entitled to the benefit of the period of remission given by the various notifications cumulatively to be counted against the period during which they ...
id_234
10
In Sharad Hiru Kolambe vs. State of Maharashtra, (2018) 18 Supreme Court Cases 718 (Sharad Hiru Kolambe), the point for consideration was regarding quantum of fine that was imposed by way of a default sentence in case of non‑payment of fine. It was contended that though the substantive sentence stood remitted and the a...
id_235
0
Parle Products Pvt. Ltd and Another. Plaintiffs/Applicants Future Consumer Ltd and Others. Defendants Mr. Virag Tulzapurkar, Senior Advocate as well as Mr. Hiren Kamod, Mr. Aditya Chitale, Mr. Nishin Shrikhande and Mr. Avinash Belge in behalf of RKD Legal Services LLP for Plaintiffs/Applicants. No counsel for Defendant...
id_24
0
Leave granted. In these appeals, the appellants have assailed the legality and correctness of the order dated 30 October 2014 passed by the Division Bench of the Gauhati High Court in Writ Petition (Civil) No. 5789 of 2005, whereby the High Court by allowing the writ petition struck down the Assam Rural Health Regulato...
id_24
1
Rural Health Practitioners have limited knowledge and experience and hence cannot be permitted to practice modern scientific medicine and administer medical treatment. It was further submitted that if such diploma holders are permitted to practice modern scientific medicine, they would pose a great threat to society an...
id_24
2
Supreme Court of India considered the question whether, even after the coming into force of the All India Council for Technical Education Act, 1987, which is a Parliamentary enactment, the State Government had the power to grant and withdraw permission to start a technical institution, acting under the Tamil Nadu Priva...
id_24
3
Therefore, it was held that reservation in favour of in‑service candidates would in no way be regulated under Entry 66 of List I. Bearing in mind the aforesaid discussion, we shall proceed to consider the scheme of the legislations relevant to these appeals. The field of legislation covered under Entry 25 of List III i...
id_24
4
The authority shall inspect physical facilities, staff positions, hospital and academic infrastructure of a Medical Institute imparting education and training for Diploma in Medicine and Rural Health Care at the time of starting such an Institute and shall issue a no‑objection certificate after the Institute has comple...
id_24
5
On a harmonious reading of Section 15 of the Medical Council of India Act, 1956 and Section 17 of the Indian Medicine Central Council Act, 1970, it was observed that there is no scope for a person enrolled in the State Register of Indian Medicine or the Central Register of Indian Medicine to practice modern scientific ...
id_24
6
Hence, when there is a direct conflict between a State law and the Union law in the matter of coordination and determination of standards in higher education (Entry 66 of List I) such as in medical education concerning allopathic medicine, as is in the instant case, where the State law is in direct conflict with the Un...
id_240
0
The petitioner is before the Senior Civil Judge & Judicial Magistrate First Class, Shahapur seeking relief to set aside the judgment in Election Petition No. 11 of 2021 passed by the Senior Civil Judge & Judicial Magistrate First Class, Shahapur, dated 31 October 2022, in the interest of justice and equity., A notifica...
id_240
1
It may be presumed that a false declaration impacts the election. Purity of election at all levels, be it the election to the Parliament or State Legislature or a Municipal Corporation or a Panchayat, is a matter of national importance in which a uniform policy is desirable in the interest of all the States. A hyper‑te...
id_240
2
However, we are not persuaded to agree with the conclusion arrived at by the High Court of India that the non-submission of Form 25 would lead to the dismissal of the election petition. We say so because, in our view, the observations made in Ponnala Lakshmaiah case (Ponnala Lakshmaiah v. Kommuri Pratap Reddy, (2012) 7...
id_241
0
Reserved on: 09.01.2024 Date of Pronouncement: 31.01.2024 Present: Mr. A.D.S. Jattana, Advocate for the petitioner. Mr. Rajiv Sidhu, Deputy Advocate General, Haryana. Mr. Amit Jhanji, Senior Advocate with Ms. Nandita Verma, Advocate for respondent No. 2., By way of present petition filed under Section 482 of the Crimin...
id_243
0
Aravind Kumar J. Leave granted. The present appeal impugns the order dated 24.04.2023 passed by the High Court of Punjab and Haryana at Chandigarh in CRA‑D No. 144 of 2022 (O&M) where the High Court upheld the order dated 16.12.2023 passed by the Special Judge, National Investigation Agency Court, Punjab in an applicat...
id_243
1
However, in the present case the trial is already underway and twenty‑two witnesses including the protected witnesses have been examined. As already discussed, the material available on record indicates the involvement of the appellant in furtherance of terrorist activities backed by members of a banned terrorist organ...
id_246
0
Reportable Criminal Appeal No. 451 of 2019 Sita Soren Appellant Versus Union of India Respondent Dr Dhananjaya Y Chandrachud, Chief Justice of India., Parliamentary privilege, codified in Articles 105 and 194 of the Constitution, is integral to deliberative democracy in facilitating the functioning of a parliamentary f...
id_246
1
He submitted that the issue for consideration before the Supreme Court of India is not the contours of parliamentary privileges but whether the offence of bribery is complete outside the legislature. Mr Mehta submitted that the offence of bribery under the Prevention of Corruption Act, both before and after the 2018 am...
id_246
2
The privileges of attendance and voting even in non‑legislative business were extended by the Charter Act 1853. It marked a further separation of the executive and legislative functions. The Legislative Council was to have additional members to help transact the legislative business and give their independent considera...
id_246
3
The first is the sum of rights enjoyed by the House of Parliament and the second is the rights enjoyed by members of the House individually. Rights and immunities such as the power to regulate its own procedure, the power to punish for contempt of the House or to expel a member for the remainder of the session of the H...
id_246
4
The words anything said and any vote given apply to an action which has been taken by a person who has the right to speak or vote in the House or a committee thereof. This means that a member or person must have exercised their right to speak or abstained from speaking inside the House or committee when the occasion ar...
id_246
5
On the other hand, a legislator who agrees to accept a bribe, but may eventually decide to vote independently will be prosecuted. Such an interpretation belies not only the text of Articles 105 and 194 but also the purpose of conferring parliamentary privilege on members of the legislature., The above exposition has so...
id_246
6
Nor is inquiry into a legislative act or the motivation for a legislative act necessary to a prosecution under this statute or this indictment. When a bribe is taken, it does not matter whether the promise for which the bribe was given was for the performance of a legislative act as here or, as in Johnson, for use of a...
id_246
7
(2) The allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories shall be in accordance with the provisions in that behalf contained in the Fourth Schedule. (4) The representatives of each State in the Council of States shall be elected by the elected membe...
id_248
0
Habeas Corpus Writ Petition No. 10 of 2021. Limited Col. S. Bajaj, Petitioner, versus State of Uttarakhand and Colonel Jaipreet Singh, Respondents. Ms. Neela Gokhale and Mr. Abhijay Negi, learned counsel for the petitioner. Mr. Amit Bhatt, learned Deputy Attorney General, along with Mr. Pankaj Joshi, learned Brief Hold...
id_249
0
The appellant stands convicted by the impugned order passed by the Central Administrative Tribunal, Principal Bench, under Section 14 of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act for brevity) in terms of the charge framed against the appellant. After finding the appellant guilty, there would ...
id_249
1
We have noticed the central issue which had to be decided on the strength of evidence in the teeth of the denial of the charge by the appellant. We would think that, in the facts of the case, the Tribunal could not have derived support of the judgment of the Supreme Court of India for reasons already indicated., The up...
id_25
0
Reportable Civil Appeal No. 1390 of 2022 Union of India and Another Appellants versus M/s Mohit Minerals Private Limited through Director Respondent., Dr Dhananjaya Y Chandrachud, J., Introduction: The Union of India is in appeal against a judgment of a Division Bench of the Gujarat High Court dated 23 January 2020. Th...
id_25
1
The appellant submits that in terms of Section 15(4) and Section 15(5) of the Central Goods and Services Tax Act, Rules 27 to 31 of the Central Goods and Services Tax Rules 2017 have been formulated. The Revenue can also assess the transaction by taking aid of a residual method prescribed under Rule 31 of the Central G...
id_25
2
In this case, such a deeming fiction does not exist. Thus, the transportation service cannot be deemed as a supply under the Integrated Goods and Services Tax Act. Only once the service provided outside the territory of India is deemed as a supply by way of statute can there be a determination of the supplier and the r...
id_25
3
The State's exclusive power to make a law with respect to the levy and imposition of a tax on sale or purchase of goods relates to Entry 54 of List II of the Seventh Schedule. It follows that the two laws – sub‑section (3) of Section 5 of the Act and paragraph 21 of the Control Order issued by the Central Government un...
id_25
4
The arguments in favour of reading the recommendations of the Goods and Services Tax Council as binding are two-fold: first, if the Goods and Services Tax Council cannot make binding recommendations, the entire structure of the Goods and Services Tax will collapse as each State would then levy a conflicting tax and col...
id_25
5
Further, it will determine if the Central Government, in consultation with the Goods and Services Tax Council, has the powers to designate the importer as a recipient of a service under Section 5(4) of the Integrated Goods and Services Tax Act, when goods are imported on a Cost, Insurance and Freight basis. The critica...
id_25
6
Section 24(iii) of the Central Goods and Services Tax Act states that persons who are required to pay tax under reverse charge must be registered. Therefore, both the Integrated Goods and Services Tax Act and the Central Goods and Services Tax Act clearly define reverse charge, recipient and taxable persons. Thus, the ...
id_25
7
Whether a particular law enacted by Parliament does show such a real connection, or expected real connection, between the extra‑territorial aspect or cause and something in India or related to India and Indians, in terms of impact, effect or consequence, would be a mixed matter of facts and of law. Obviously, where Par...
id_25
8
In the existing Service Tax Law, with a view to provide a level playing field to Indian shipping companies, it has been provided that where goods are imported by an importer in India on Cost, Insurance and Freight (CIF) basis and the service of transportation of goods by a vessel from a place outside India up to the cu...
id_250
0
Dated this the 23rd day of September 2022 A.K. Jayasankaran Nambiar, Justice. The following persons are suo motu impleaded as additional respondents in these writ petitions, taking note of the illegal call for hartal made by them on 22 September 2022 for scheduling the hartal on the next date that is 23 September 2022....
id_251
0
The petitioners in Writ Petition (Civil) No. 11673/2022 are five young men. They contend that they have acquired all the requisite qualifications to seek appointment to the post of Upper Primary School Teacher, High School Teacher, and also for non‑teaching posts in aided schools in the State. They all have one thing i...
id_251
1
The Government has also ordered that immediate steps be taken to calculate the backlog of vacancies in Colleges and to fill up the same in available vacancies., The petitioner contends that despite the issuance of Exhibit P1 order, respondents 1 and 2 have not initiated any steps to implement the reservation. Instead, ...
id_251
2
Reference is made to the 2017 Rules and it is submitted the manner in which application for certification is to be filed and the certificate to be issued are detailed thereunder., Reference is made to the report submitted by the Directorate General of Employment in W.P.(C) No.19808/2021 pursuant to directions issued by...
id_251
3
Higher Secondary School Teacher Junior (Science) – Locomotor Disability/Cerebral Palsy, Low Vision/Blindness. Vocational Teacher/Vocational Instructor – Locomotor Disability/Cerebral Palsy, Low Vision/Blindness. Non‑Vocational Teacher Senior – Locomotor Disability/Cerebral Palsy, Hearing Impairment, Low Vision/Blindnes...
id_252
0
Judgement reserved on: 20.03.2023 Judgment pronounced on: 18.05.2023 Through: Mr Mobashshir Sarwar, Advocate Versus Through: Mr Kirtiman Singh, Chief Government Standing Counsel with Mr Waize Ali Noor and Ms Durgesh Nandini, Advocates for respondent No.1 along with Mr Satish Kumar Singh and Mr Mannu Kumar, Section Offi...
id_252
1
The second aspect is also connected with the argument advanced by the opposing respondents, that this was not a case for the issuance of a writ of quo warranto. Before we proceed further, we must state, with emphasis, that the argument advanced by Mister Sarwar, that because the submission of the panel of names to the ...
id_252
2
The requirement of an administrative authority to record reasons for its decisions was considered by the Constitution Bench of the Supreme Court of India in S.N. Mukherjee v. Union of India (supra). In paragraph 9 of the said judgment (All India Reporter p.1988) one of the first questions formulated was \is there any g...
id_253
0
Mister Pravin Naik, son of Tulshidas Naik, aged 54 years, and resident of Trimurti, Chadrawadda, Fatorda, Margao, Goa, is the Appellant. Versus Mister Shrinivas Prabhu Dessai, son of Rohidas Prabhudessai, married, age 56 years, service, resident of K1 CD Good Earth, Dongorwaddo, Fatorda, Margao, Goa, is the Respondent....
id_256
0
These applications coming on for admission this day, the Hon'ble High Court of Madhya Pradesh passed the following: These are first bail applications filed by the applicants under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No. 498/2023, dated 07.06.2023 registered at Police ...
id_257
0
Ashwini V Ali Mohammed Balwa, Petitioner, versus Directorate of Enforcement (Prevention of Money Laundering Act), Respondent. Salim Usman Balwa, Petitioner, versus Directorate of Enforcement, Respondent. Hotel Balwas Pvt Ltd, Petitioner, versus Directorate of Enforcement, Respondent. Mr Vijay Aggarwal, appearing with M...
id_258
0
Sudha Bharadwaj, aged about 59 years, is currently incarcerated in Byculla District Prison, Byculla, Mumbai. She otherwise resides at F4/216, South End Apartments, Eros Garden Colony, Surajkund, Faridabad. The applicant/accused No. 9 is the National Investigation Agency, 7th Floor, Cumballa Hill, MTNL Telephone Exchang...
id_258
1
The Central Government must be of the opinion that it is a fit case to be investigated by the National Investigation Agency and thus direct the agency to investigate the said offence. In the case at hand, indisputably, the Central Government passed an order under section 6(5) on 24 January 2020, and, therefore, accordi...
id_258
2
The only condition which is required to be satisfied is that the Central Government is of the opinion that a Scheduled Offence has been committed which warrants investigation by the Agency. The above provisions indicating the modes in which the National Investigation Agency can be entrusted with the investigation do no...
id_258
3
Two, in view of the definition of the Court under section 2(d) of the Unlawful Activities (Prevention) Act, the Criminal Courts having jurisdiction under the Code of Criminal Procedure to try the offences are competent to extend the period of detention under the first proviso in sub‑section (2) of section 43‑D of the U...
id_258
4
Fourthly, had the intention of the legislature been to make the Special Courts, to be constituted by the State Government under section 22 of the National Investigation Agency Act, as only the transferee Court, there was no need to make elaborate provisions especially under section 22 of the National Investigation Agen...
id_258
5
It is not a case where the Supreme Court of India even had in its mind the duty to go through the entries in the case diaries relating to them, let alone actually going through them. Quite clearly, in respect of those persons, house arrest even was the result of the choice exercised by the Senior Counsel for the Writ P...
id_26
0
In the Calcutta High Court, Constitutional Writ Jurisdiction, Appellate Side, Honorable Justice Sabyasachi Bhattacharyya, WPA No. 17704 of 2023, Manab Jati Kalyan Foundation and another versus The State of West Bengal and others. For the petitioners: Mr. Tarunjyoti Tewari, Mr. Sandip Ray, Mr. Hiranmoy Debnath, Ms. Poll...
id_260
0
Criminal Original Petition (Miscellaneous Division) No. 1344 of 2022, Muruganantham Petitioner. The parties: The Director General of Police, Police Headquarters, No.1, Radhakrishnan Salai, Mylapore, Chennai 600004; The Deputy Inspector General of Police, Trichy Zone, Trichy; The Superintendent of Police, Thanjavur Dist...
id_260
1
The Bharatiya Janata Party, citing a video clip of the girl, is claiming there was an attempt to convert the girl to Christianity. It was wrong. They should not have recorded the girl's statement. They had questioned her in a provocative manner and she had not given any clear‑cut answer. But a life has been lost, and w...
id_261
0
id_262
0
Date of Decision: 06 April 2022. Present batch of appeals has been filed raising a common question of law, namely, as to whether in the facts and circumstances of the case, the Income Tax Appellate Tribunal was correct in allowing the appeal of the assessee ignoring the fact that the assessee has paid most of the schol...
id_263
0
Writ Petition (Civil) No. 38461 of 2023 Rasa @ Rasananda Bhoi, Petitioner versus State of Odisha and Others, Opposite Parties. Dated 04 January 2024, Order No. 03., This matter is taken up through hybrid arrangement. In this writ petition, the petitioner seeks a direction from the High Court of Odisha to Opposite Party...
id_264
0
Criminal Revision Petition No. 837 of 2022 and Criminal Revision Petition No. 55 of 2023 dated 13 April 2023. In the early hours of 03 August 2019, a journalist on a motorbike was knocked down by a speeding car on the arterial road of the capital city of Kerala. The motorist Sri K M Basheer was hit from behind by a mot...
id_266
0
AK Petitioner Versus The State of Maharashtra, The Assistant Commissioner of Police, Simrant Jasvindarsingh Sachdeva Respondents. Mr. Shravan Giri for the Petitioner. Mr. J. P. Yagnik, Additional Public Prosecutor for the Respondents Nos. 1 and 2 – State. Mr. Viresh Purwant for the Respondent No. 3. The name of the pet...