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Your cheat sheet to Supreme Court’s 545 pages long Money Laundering verdict
The 3-judge bench of AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar, JJ has, in 545-pages-long judgments, has dealt with various aspects of the Prevention of Money Laundering Act, 2002 and has upheld the validity of certain impugned provisions by holding that the same have reasonable nexus with the object sought be achieved i.e. combatting the menace of money laundering.
Video Explainer: Your cheat sheet to Supreme Court’s 545 pages long Money Laundering verdict
Abu Salem can’t be kept behind bars for more than 25 years, holds Supreme Court
In a big development, the bench of Sanjay Kishan Kaul and MM Sundresh, JJ has directed that the infamous gangster/terrorist Abu Salem be released after the completion of 25 years of his sentence in terms of the national commitment as well as the principle based on comity of courts. Salem was convicted on 12.10.2005.
Video Explainer: Why Abu Salem can’t be kept behind bars for more than 25 years
Four months in prison; Rs. 2000 fine for Vijay Mallya for contempt; US$40 million to be deposited by him and beneficiaries at 8% interest per annum
Supreme Court observed that Vijay Mallya “never showed any remorse nor tendered any apology for his conduct” of transferring a huge sum of US$40 million to his children instead of repaying his debt of more than Rs. 9000 crores to the banks.
Video Explainer: Vijay Mallya Guilty of Contempt of Court; To spend 4 months in prison; pay Rs. 2000 fine
Woman cannot be denied right to safe abortion only on the ground of her being unmarried
“Denying an unmarried woman the right to a safe abortion violates her personal autonomy and freedom.”
Video Explainer: Unmarried women have the right to a safe abortion
Mother, being the only natural guardian after biological father’s death, can decide child’s surname; can even give the child in adoption
“When a child takes on to be a kosher member of the adoptive family it is only logical that he takes the surname of the adoptive family and it is thus befuddling to see judicial intervention in such a matter.”
Criminal justice machinery relentlessly employed against Zubair; process itself has become a punishment
The Court refused to bar Mohd Zubair from tweeting as it would amount to an unjustified violation of the freedom of speech and expression, and the freedom to practice his profession.
Video Explainer: Criminal justice machinery relentlessly employed against Zubair
Supreme Court upholds pre-arrest bail of actor-producer Vijay Babu in sexual assault case; certain bail conditions modified
Vijay Babu was alleged to have committed rape on the victim, a struggling actress, with the promise of a role in a movie and also of marriage. He has allegedly even caused physical injuries to her. The prosecution further alleged that on coming to know about the registration of the crime, the applicant went abroad in an attempt to flee from the law.
Man rapes and murders a 7-year-old physically and mentally challenged girl; kills fellow inmate after conviction. SC confirms death sentence
“We could only wonder what more of criminal activity would qualify as blemish, if not the involvement and conviction in a case of murder of a fellow jail inmate!”
Video Explainer: Supreme Court confirms death sentence of a POCSO convict
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‘India needs a Bail Act’: Supreme Court asks Centre to consider the suggestion; lays down guidelines for disposal of Bail Application
The Court took note of the statistics that show that jails in India are flooded with undertrial prisoners with more than 2/3rd of the inmates of the prisons constituting undertrial prisoners. Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offense, being charged with offenses punishable for seven years or less. They are not only poor and illiterate but also would include women. Statistics also show that more than 1000 children are living in prisons along with their mothers. Granting bail in such cases is not only in the interest of the accused, but also the children who are not expected to get exposed to the prisons.
Video Explainer: Supreme Court observations on why India needs a Bail Act
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Twin conditions of furnishing declaration within time limit “mandatory” for exemption relief under Section 10B (8) of IT Act
Karnataka High Court and ITAT committed a “grave error” in holding that the requirement of furnishing a declaration under Section 10B (8) of the Income Tax Act, 1961 (IT Act) is mandatory, but the time limit within which the declaration is to be filed is not mandatory but is directory.
Prophet Remark Row| Here’s why Supreme Court has stayed Nupur Sharma’s arrest for now
After politician and lawyer Nupur Sharma approached the Court claiming that there is an imminent necessity for the Court to intervene and protect her life and liberty as guaranteed under Article 21 of the Constitution, the bench of Surya Kant and JB Pardiwala, JJ has directed that no coercive action shall be taken against her pursuant to the impugned FIR(s)/complaint(s) or the FIR(s)/complaint(s) which may be registered/entertained in the future pertaining to the telecast dated 26.05.2022 on Times Now.
IBC – Section 7(5)(a) | NCLT “may” reject Financial Creditor’s CIRP application even in case of Corporate Debtor’s default in payment of debt
“The object of the IBC is to first try and revive the company and not to spell its death knell. This objective cannot be lost sight of, when exercising powers under Section 7 of the IBC or interpreting the said Section.”
Lack of enthusiasm of ACB, ADGP not relevant for deciding bail application of accused; SC stays Karnataka HC order against ADGP Seemant Kumar Singh
In a bail application, after the single judge Bench of Karnataka High Court criticised the Anti-Corruption Bureau (ACB) and the Additional Director General of Police (ADGP) for their lack of enthusiasm, the 3-judge bench of NV Ramana, CJ and Krishna Murari and Hima Kohli, JJ has observed that the alleged involvement of the ADGP, and the enthusiasm (or lack thereof) of the ACB officers are irrelevant and beyond the ambit of bail proceedings.
FIR for repeated rape cannot be filed just because a long standing relationship is no longer working out; Pre-arrest bail granted
“… the complainant has willingly been staying with the appellant and had the relationship. Therefore, now if the relationship is not working out, the same cannot be a ground for lodging an FIR for the offence under Section 376(2)(n) IPC.”
Trial Court not a ‘mere post office’; must apply its mind while framing charges: SC unimpressed with discharge of murder accused based on postmortem report only
Ultimately, upon appreciation of the entire evidence on record at the end of the trial, the trial court may take one view or the other i.e. whether it is a case of murder or case of culpable homicide. But at the stage of framing of the charge, the trial court could not have reached to such a conclusion merely relying upon the port mortem report on record.
Can Court direct a husband to surrender as a condition for pre-arrest bail of his wife? Supreme Court decides
In an interesting case the Vacation Bench comprising Dinesh Maheshwari and Krishna Murari, JJ., disapproved a strange bail condition imposed by the M.P. High Court. The High Court had directed the husband to surrender as a condition for pre-arrest bail of his wife.
‘Respect each other. Your children are watching you very closely’; Supreme Court advices parents in custody battle
The bench of AM Khanwilkar and JB Pardiwala, JJ, in a matter relating to custody of two minor children, has advised the parents to respect each other and resolve the conflict respectfully, to give the children ‘a good foundation for the conflict that may, God forbid, arise in their own lives.’
Confessional Statements made under Section 67 of NDPS Act inadmissible
In a case relating to a drug racket spread across three States namely, U.P., Punjab and Rajasthan, the 3-Judge Bench of N. V. Ramana, CJ., and Krishna Murari, Hima Kohli, JJ., reversed the impugned order of Delhi High Court releasing the respondent-accused on post-arrest bail.
Supreme Court cannot entertain territorial jurisdiction related pleas under Section 25 of CPC
There is limited scope vested in the Supreme Court while exercising its jurisdiction under Section 25 of CPC and the same cannot be extended to determine the question of territorial jurisdiction of the proceedings before it as the plea of jurisdiction or the lack of it can be prompted before the Court in which the proceedings are pending.
IBC| Once CIRP is initiated and moratorium is ordered, proceedings under SARFAESI Act cannot continue
The bench of L. Nageswara Rao and BR Gavai*, JJ has held that the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) cannot continue once the CIRP has been initiated and the moratorium has been ordered as per the Section 14(1)(c) of the Insolvency and Bankruptcy Code, 2016 (IBC).
Unless there is forfeiture of performance guarantee, Industrial Entrepreneur Memorandum cannot be deemed to be de-recognised
There are twin conditions to be fulfilled before formally de-recognizing the IEM:
(i) failure to set up plant and to commence production and then
(ii) the forfeiture of the performance guarantee.
Can services rendered by a “Consulting Engineer” prior to 2005 Amendment to the Finance Act be subjected to service tax?
Supreme Court settled the issue of whether “body corporate” is excluded from the definition of “consulting engineer” under Section 65(31) of the Finance Act, 1994 prior to the amendment in 2005.
Tihar Jail Crime Syndicate| Supreme Court directs conman Sukash Chandra to reveal names of persons involved in Rs. 200 crores extortion case
In a highly controversial extortion case of about Rs. 200 crores in Delhi’s Tihar jail, the 3-judge Bench of Uday Umesh Lalit, S. Ravindra Bhat, and Sudhanshu Dhulia, JJ., has directed conman Sukash Chandra to reveal names of the persons involved in the alleged crime syndicate.
Appeal against conviction cannot be dismissed on the ground that the accused is absconding
“The anguish expressed by the High Court about the brazen action of the appellant of absconding and defeating the administration of justice can be well understood. However, that is no ground to dismiss an appeal against conviction, which was already admitted for final hearing, for non-prosecution without adverting to merits.”
Formation of reasons to believe for search & seizure under Income Tax Act is an administrative function, to be tested by judicial restraint
The Division Bench of Hemant Gupta and V. Ramasubramanian, JJ., held that non-supply of satisfaction note to the assessee will not make the whole act of search and seizure contrary to Section 132(1) of the Income Tax Act,1961.
Supreme Court puts an end to about a century-old land dispute under U.P. Consolidation of Holdings Act
The Court held that since all the three brothers were alive when the Civil Court passed the partition decree, the Consolidation authorities were well within their powers—considering the subsequent death of two brothers—to hold that the shares of the brother who died issueless should be equally distributed among heirs of his two brothers.
Bail applications of co-accused arising from the self-same FIR shall be listed before the same court to avoid disparity
With a view to bringing reform in practices relating to disposal of bail applications arising from the same case, the Division Bench of Ajay Rastogi and Vikram Nath, JJ., held that where more than one bail application has been filed by co-accused of offences arising from self-same FIR, all such applications shall be listed before the same court to avoid disparity.
Illegal Coal Mining| Supreme Court stays Meghalaya HC’s order directing dismantling of existing coke plants
In a case concerning illegal coal mining in the State of Meghalaya, the Vacation Bench comprising Surya Kant and J.B. Pardiwala, JJ., stayed directions of the Meghalaya High Court directing the dismantling of existing coke plant(s).
Indian Dhows sinking & hijacking by Somali Pirates| Delay in repudiating insurance claim cannot be the only factor to presume deficiency in service
“The delay in processing the claim and delay in repudiation could be one of the several factors for holding an insurer guilty of deficiency in service. But it cannot be the only factor.”
Civil Court versus Writ Court: Breaking down the scope of jurisdiction in execution/registration of documents matters
The bench of Hemant Gupta and V. Ramasubramanian, JJ has lucidly explained the law on the jurisdiction in case of disputes relating to execution and registration of deeds and documents under the Registration Act, 1908.
Cases Reported in SCC
Know Thy Judges
Explorer of the Legal Multiverse – Justice A.M. Khanwilkar retires