News

SC: Employees Filing Writ Petitions Against Air India After its Privatisation, Not Maintainable - 17.05.2024

Supreme Court has observed that the writ petitions, although maintainable on the dates they were instituted, have ceased to be maintainable by reason of privatisation of Air India Limited which takes it beyond their jurisdiction to issue a writ or order or direction to it.

Tags : Supreme Court Air India Limited Privatisation

Top

SC: Accused Can’t be Arrested by ED After Special Court has Taken Cognizance of PMLA Complaint - 17.05.2024

SC has observed that after cognizance is taken of offence punishable under Prevention of Money Laundering Act, 2002 (PMLA) based on a complaint under Section 44, Enforcement Directorate (ED) is powerless to exercise powers under Section 19 to arrest the person shown as accused in the complaint.

Tags : Supreme Court Enforcement Directorate PMLA

Top

ICAI Rule Limiting Number of Tax Audits by Chartered Accountants Every Year Upheld by Supreme Court - 17.05.2024

Supreme Court has upheld the rule that has been issued by the Institute of Chartered Accountants of India (ICAI) that bars Chartered Accountants from accepting more than the specified number of tax audit assignments in a financial year.

Tags : Supreme Court Chartered Accountants Tax Audit Assignments

Top

SC: Can’t Charge Friends/Relative for Offence of Bigamy by Mere Presence in Second Marriage - 17.05.2024

SC has observed that perusal of the penal provision would indicate that order framing charge against friends/relatives for bigamy is erroneous because no person other than spouse to second marriage could have been charged for the offence punishable under Section 494 Indian Penal Code, 1860.

Tags : Supreme Court Section 494 IPC Bigamy

Top

Supreme Court: Union Directed to Deport 17 Foreigners in Assam’s Transit Camps - 17.05.2024

Supreme Court has directed the Central Government to take immediate steps regarding the deportation of 17 foreigners detained in transit camps of Assam against whom no criminal charges were established.

Tags : Supreme Court 17 Foreigners Transit Camps

Top

Cal. HC: Can’t Say Retracted Statement to be Involuntary Without Being Examined by Court - 17.05.2024

Calcutta High Court has held that if the court is of the view that the statement recorded was not admissible on account of the retraction, that by itself cannot render the statement as involuntary. The duty casts upon the court to examine the correctness of the validity of the retraction.

Tags : Calcutta High Court Retraction Involuntary

Top

Supreme Court: Difference Between ‘Reasons of Arrest’ and ‘Grounds of Arrest’ Stated - 16.05.2024

SC explained difference between reasons of arrest and grounds of arrest and stated that reasons of arrest would apply to any person arrested on charge of a crime whereas grounds of arrest would be required to contain all details in hand of Investigating Officer which necessitated arrest of accused.

Tags : Supreme Court Reasons of Arrest Grounds of Arrest

Top

Kerala High Court: Power to Add Charges Remains With Court, Can’t be Done at Behest of Parties - 16.05.2024

Ker. HC has held that request for addition of the charge under Section 370 Indian Penal Code, 1860 (IPC), as it stood prior to 2013, cannot be made at instance of prosecution. An addition of charge has to be done by Court based upon its own satisfaction and not at the behest of parties to the trial.

Tags : Kerala High Court S. 370 of IPC Addition of Charge

Top

AP HC: App. u/s 11(6) Can Only be Maintained if Parties Fail to Refer Dispute to Arbi. Even After Not - 15.05.2024

AP HC has held that, for maintaining an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 it is required to be shown that parties have failed to act as per the provision and have failed to refer the dispute to the Arbitrator even after a notice has been served.

Tags : Andhra Pradesh High Court S. 11(6) of A&C Act Arbitrator

Top

Supreme Court: Cannot Allow Wrong Doers to Make Profit Out of Their Own Wrongs - 15.05.2024

Supreme Court has restated that an individual cannot be allowed to take benefit from his own wrong and that a person who prevents a thing from being done shall not avail himself of the non-performance he has occasioned.

Tags : Supreme Court Non-Performance Wrong Doers

Disclaimer