Page 12 - Law

Article 21 soul of Constitution, liberty of citizen most important: SC

The Supreme Court has said that Article 21 is the soul of the Constitution as the liberty of a citizen is of paramount importance and the high court not expeditiously adjudicating matters related to it would deprive a person of this precious right. A bench of Justice B R Gavai and Justice Sandeep Mehta made the observation after noting that the Bombay High Court has granted bail to one Amol Vithal Vahile, a prime accused in the murder of a corporator in Maharashtra, after a nudge from the apex court on January 29. The bench, in its recent order, said it is thus clear that before the order was passed by this court on January 29, 2024, the high court instead of deciding the application for bail on merits shunted it on one or the other ground. "Needless to state that Article 21 of the Constitution of India is the soul of the Constitution as the liberty of a citizen is of paramount importance. Not deciding the matter pertaining to liberty of a citizen expeditiously and shunting away the

Strong medicine

Patanjali ad ban is the right remedy

China broadens legislature on state security to include 'work secrets'

China's top legislative body passed the revised Law on Guarding State Secrets on Tuesday, Xinhua state news agency reported. It will take effect from May 1

He should get 6 years in jail, pay back nothing: Sam Bankman's lawyer

Attorneys for the 31-year-old former crypto mogul made their recommendation to US District Judge Lewis A. Kaplan in a 98-page memo late Tuesday ahead of his March 28 sentencing

Former SC judge A M Khanwilkar appointed as the Lokpal chairperson

Former Supreme Court judge A M Khanwilkar was appointed as the Lokpal chairperson on Tuesday, according to the Rashtrapati Bhavan. Justice Khanwilkar retired from the Supreme Court in July 2022. According to a communique from the Rashtrapati Bhavan, the President also appointed former high court judges Lingappa Narayana Swamy, Sanjay Yadav and Ritu Raj Awasthi as judicial members of the Lokpal. Sushil Chandra, Pankaj Kumar and Ajay Tirkey were appointed as non-judicial members of the anti-corruption ombudsman.

MHA to notify CAA rules prior to enforcement of model code of conduct

Following the passage of the CAA by Parliament in December 2019 and its subsequent Presidential assent, significant protests erupted in various parts of the country

UN court proceedings: Majority nations argue Israel violated int'l law

The United Nations' highest court on Monday wrapped up historic proceedings into the legality of Israel's 57-year occupation of lands sought by Palestinians for a future state, with most voices at the hearing arguing against the Israeli government. Over six days, the International Court of Justice heard from an unprecedented number of countries and the majority argued Israel was violating international law and called for the establishment of an independent Palestinian state. The real obstacle to peace is obvious the deepening occupation by Israel of the Palestinian territories, including East Jerusalem, and failure to implement the two-state vision, Israel and Palestine living side by side, Turkiye's Deputy Minister of Foreign Affairs Ahmet Yildiz said. The hearings addressed a request by the UN General Assembly for a non-binding opinion on the legality of Israel's policies. The court says it will issue its opinion in due course. On average, advisory opinions are released six month

Donald Trump appeals $454 million judgment in New York civil fraud case

Donald Trump has appealed his USD 454 million New York civil fraud judgment, challenging a judge's finding that Trump lied about his wealth as he grew the real estate empire that launched him to stardom and the presidency. The former president's lawyers filed a notice of appeal Monday asking the state's mid-level appeals court to overturn Judge Arthur Engoron's February 16 verdict in Attorney General Letitia James' lawsuit. Trump's lawyers wrote in court papers that they're asking the appeals court to decide whether Engoron committed errors of law and/or fact and whether he abused his discretion and or his jurisdiction.

CBI court convicts Bank of Baroda manager after 27 years of chargesheet

A special CBI court in Mumbai has convicted a manager of the Bank of Baroda in two separate cases after 27 years of charge sheet for causing a total loss of over Rs 15 crore to the bank, officials said on Monday. The CBI had charge-sheeted Ramchandra Shridhar Joshi, then Chief Manager posted in Walkeshwar Road Branch, Mumbai, in 1996 in two cases -- for causing loss of Rs 10.50 crore and Rs five crore -- by fraudulently diverting bank's money to accused conspirators, the agency said in a statement. The central probe agency had taken over the probe in 1994 and had filed a charge sheet in both cases in 1996, it said. After the completion of the trial, the special CBI court sentenced him to under two years rigorous imprisonment with a fine of Rs three lakh in the first case and one year imprisonment with a fine of Rs 1.37 lakh in the second case. "The case against two charge sheeted accused was abated due to their death during trial while another accused was discharged," a CBI ...

State machinery should help ED find if an offence was committed: SC to TN

The state machinery should help the Enforcement Directorate in finding out if an offence has been committed as there is no harm in it, the Supreme Court told the Tamil Nadu government on Monday. The apex court had last week questioned the Tamil Nadu government for filing a plea in the Madras High Court against the ED for its probe in a money laundering case. The central probe agency had summoned the district collectors of Vellore, Tiruchirappalli, Karur, Thanjavur and Ariyalur in connection with its probe in a money laundering case related to alleged illegal sand mining. The state government along with the bureaucrats had moved the high court that stayed the summons issued by the ED. The probe agency has moved the top court against the high court order. The ED's plea came up for hearing on Monday before a bench of justices Bela M Trivedi and Pankaj Mithal. "State and its officers should help the ED in finding out if there is any offence," the bench observed, adding, "If the state

Made mistake by retweeting video: Kejriwal tells SC in defamation case

Delhi Chief Minister Arvind Kejriwal on Monday told the Supreme Court that he made a mistake by retweeting an allegedly defamatory video circulated by YouTuber Dhruv Rathee related to the BJP IT Cell. A bench of Justice Sanjiv Khanna and Justice Dipankar Datta, without issuing notice on a plea of Kejriwal challenging a Delhi High Court order which upheld summons issued to him as an accused in the criminal defamation case, asked the complainant whether he wanted to close the matter in view of the chief minister's apology. The bench also asked the trial court not to take up the defamation case involving Kejriwal till March 11. Senior advocate Abhishek Singhvi, appearing for Kejriwal, said, "I can say this much that I made a mistake by retweeting." He added that it is a case for retweeting on social media platform 'X' and the complaint filed was immediately followed by recording of pre-summoning evidence. "Thereafter, the complaint was withdrawn. When it was refiled, after nine months

Kovind committee on simultaneous elections holds another progress review

The high-level committee on 'one nation, one election' headed by former president Ram Nath Kovind on Saturday reviewed the progress made by it since it was set up in September last, an official statement said. The committee at its meeting on Saturday "reviewed its various activities", the statement said. The panel has been reviewing the progress made by it since it was set up in September last year. The committee is mandated to examine and make recommendations for holding simultaneous elections to the Lok Sabha, state assemblies, municipalities and panchayats keeping in view the existing constitutional framework. While the ruling BJP and other parties, including the Shiv Sena and the Janata Dal (United), have supported the concept of simultaneous polls, the opposition parties, including the Congress and the Trinamool Congress (TMC), have rejected the idea.

Pakistan court defers indictment of Imran, Bushra in graft case till Feb 27

A Pakistani accountability court has deferred the indictment of jailed former prime minister Imran Khan and his wife Bushra Bibi in a Rs 50 million corruption case till February 27, according to a media report on Saturday. The court on Friday deferred the indictment of Khan and Bushra in the Al-Qadir Trust case filed by the National Accountability Bureau (NAB) as the Islamabad High Court (IHC) is set to take up appeals against their conviction in Toshakhana and the Cipher cases on February 26, the Dawn newspaper reported. Judge Nasir Javed Rana was hearing the proceedings of the case in Rawalpindi's high-security Adiala Jail where Khan, the 71-year-old founder of his Pakistan Tehreek-e-Insaf party is incarcerated. Bushra Bibi, 49, is imprisoned at Khan's Bani Gala residence in Islamabad after an accountability court sentenced the couple to 14 years in jail in the Toshakhana corruption case. The Al-Qadir Trust case pertains to the settlement of 190 million pounds, about Rs 50 billio

Different laws for Hindus, Muslims won't be possible: Minister Giriraj

Assam Muslim Marriage and Divorce Registration Act, All India United Democratic Front (AIUDF) leader Rafiqul Islam on Saturday criticised the decision, calling it a "tactic to target Muslims."

India, Bangladesh recognise their constitutions as living documents: CJI

Chief Justice of India D Y Chandrachud on Saturday said both India and Bangladesh share the tradition of constitutional and judicial systems largely aiming to ensure stability and both nations recognised their constitutions as "living documents." "Our shared tradition aims to ensure stability, but when stability is desired, the stability must never be confused with stagnation," Chandrachud said as he spoke at the valedictory function of a two-day conference here in the presence of Bangladesh Prime Minister Sheikh Hasina, who was the chief guest. We recognise our constitutions are living documents. The constitutions of Bangladesh and India proclaim that they are 'given to the people by the people themselves' as citizens of sovereign nations, Chandrachud said. Bangladesh's Chief Justice Obaidul Hassan chaired the event. Bangladesh's apex court judges took part in the conference, which drew many jurists, senior lawyers, and government leaders including Law Minister Anisul Huq. Earlier

Three laws replacing IPC, CrPC, Evidence Act to be effective from July 1

The MHA made the announcement through three separate notifications declaring July 1 as the date on which the provisions of these acts will come into force

Delhi HC orders SpiceJet to return leased engine to Brussels by March 10

Delhi HC orders SpiceJet to return leased engine to Brussels by March 10

Cabinet approves proposal to implement of umbrella scheme on women safety

Out of the total project outlay of Rs 1,179.72 crore, a total of Rs 885.49 crore will be provided by the Home Ministry from its own budget, and Rs 294.23 crore will be funded from the Nirbhaya Fund

Court issues summons to brewery, its MD, 8 others in money laundering case

A special court here has issued summons to Jogeshwari Breweries Private Limited (JBPL), its managing director and eight others in a money laundering case related to allegedly obtaining a loan of more than Rs 83 crore from United Bank of India through forgery. Special judge M G Deshpande hearing cases filed under the Prevention of Money Laundering Act (PMLA) on February 17 took cognisance of the Enforcement Directorate's chargesheet against 10 accused in the case, including JBPL's managing director Umesh Shinde. The prosecution's complaint also demonstrates such trail of money, its siphoning off by way of placing, layering and integration, the court said. Hence, prima facie there is ample material and evidence to hold accused for proceedings against them for offence punishable under relevant provisions of the PMLA, the court said while issuing summons to the accused. The accused have been asked to remain present before the court on March 1. The Enforcement Directorate (ED) ...

Convene daylong Parliament session to bring law on MSP: Farmer leader

Farmer leader Sarwan Singh Pandher on Tuesday said the Centre should convene a daylong Parliament session to bring a legislation on the minimum support price (MSP) for crops, a key demand of protesting farmers. He also asked the Centre to accept the other main demands of the farmers, including farm loan waiver. Pandher's statement came a day after the farmer leaders taking part in the "Delhi Chalo" agitation rejected the BJP-led Centre's proposal for procuring pulses, maize and cotton at the MSP by government agencies for five years, saying it was not in favour of farmers. In the fourth round of talks with the farmer leaders on Sunday, a panel of three Union ministers proposed that government agencies would buy pulses, maize and cotton at the MSP for five years after entering into an agreement with farmers. The Samyukta Kisan Morcha (Non-Political) and the Kisan Mazdoor Morcha are spearheading the "Delhi Chalo" march. Talking to reporters at the Shambhu border point between Punjab