Page 18 - Law

Newsclick Row: HC dismisses news portal plea challenging income tax orders

The petitioner had further prayed for a stay of demand during the pendency of the petitioner's appeal before the Commissioner of Income Tax (Appeals)

We welcome the decision: Uddhav Thackeray on SC's verdict on Article 370

Welcoming the Supreme Court judgement on the revocation of Article 370 from Jammu and Kashmir, Shiv Sena leader Uddhav Thackeray said, "We welcome this decision because we supported the removal of Article 370."Further, Thackeray wished that POK was included in India before the upcoming Lok Sabha elections so that the elections could be held in all of Kashmir."We welcome this decision because we supported the removal of Article 370. We hope the J & K elections will be held at the earliest. Before elections, if PoK is included, then this exercise can be held in the entire Kashmir," Shiv Sena leader Uddhav Thackeray said.Earlier, on Monday, the apex court said Article 370 was only a 'temporary provision' of the Constitution to facilitate the merger of Jammu and Kashmir with the rest of India.The landmark ruling effectively ruled out the restoration of Article 370 in the erstwhile state.A five-judge Constitution bench of the Supreme Court, led by the Chief Justice of India, DY ...

Winter session: Parliament to move bills relating appointments at EC today

Meghwal will also move the Repealing and Amending Bill, 2023, in the Rajya Sabha on Tuesday for consideration and passage to repeal certain enactments and amend an enactment

Hunter Biden pushes for dismissal of gun case on grounds of 2nd Amendment

Hunter Biden pushed back Monday against gun charges filed against him, challenging the case on multiple fronts as unconstitutional and politically motivated days after he was hit with new tax charges. His defense attorney argued the gun case should be tossed out because an appeals court has found the law violates the Second Amendment under new standards set by the Supreme Court. Abbe Lowell also contended the charges against Hunter Biden violated immunity provisions that prosecutors agreed to in a plea deal they abandoned after Republicans slammed it as a "sweetheart deal." "These charges are unprecedented, unconstitutional and violate the agreement the US Attorney made with Mr. Biden," Lowell said in a statement. "This is not how an independent investigation is supposed to work, and these charges should be dismissed." The flurry of court documents comes as Hunter Biden faces charges in two states headed toward trial while his father, President Joe Biden, runs for ...

Govt seeks to withdraw 3 bills on criminal laws, plans to make new ones

The government has decided to withdraw the three bills that aim to replace existing criminal laws and introduce them afresh following various recommendations made by a parliamentary panel. The three redrafted bills are expected to introduced in Parliament on Tuesday. The Bharatiya Nyaya Sanhita Bill was introduced in the Lok Sabha on August 11 along with Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam bills. The three bills seek to replace the Code of Criminal Procedure Act, 1898, the Indian Penal Code, 1860, and the Indian Evidence Act, 1872, respectively. Home Minister Amit Shah, in three identical signed statements submitted to Parliament, said the decision was taken after the parliamentary standing committee on home affairs made recommendations suggesting changes in the three bills following a series of discussions with domain experts and various stakeholders. He said in the statement for withdrawal that to make comprehensive amendments to the Indian Pen

Rule quickly whether Trump can be prosecuted: Special counsel asks US SC

Special counsel Jack Smith on Monday asked the Supreme Court to take up and rule quickly on whether former President Donald Trump can be prosecuted on charges he plotted to overturn the 2020 election results. A federal judge ruled the case could go forward, but the Republican former president signaled he would ask the federal appeals court in Washington to reverse that outcome. Smith is attempting to bypass the appeals court. The request filed Monday for the Supreme Court to take up the matter directly reflects Smith's desire to keep the trial, currently for March 4, on track and to prevent any delays that could push back the case until after next year's presidential election. This case presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal ...

LIVE: New COP28 draft text does not mention phase out of fossil fuels

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Google trial focused on app store payments to be handed off to jury

A federal court jury is poised begin its deliberations in an antitrust trial focused on whether Google's efforts to profit from its app store for Android smartphones have been illegally gouging consumers and stifling innovation. Before the nine-person jury in San Francisco starts weighing the evidence on Monday, the lawyers on the opposing sides of the trial will present their closing arguments in a three-year-old case filed by Epic Games, the maker of the popular Fortnite video game. The four-week trial included testimony from both Google CEO Sundar Pichai, who sometimes seemed like a professor explaining complex topics while standing behind a lectern because of a health issue, and Epic CEO Tim Sweeney, who painted himself as a video game lover on a mission to take down a greedy tech titan. Epic alleged that Google has been exploiting its wealth and control of the Android software that powers most of the world's smartphones to protect a lucrative payment system within its Play Stor

SC verdict on Article 370 unfortunate but we have to accept it: Azad

Democratic Progressive Azad Party (DPAP) chairman Ghulam Nabi Azad on Monday termed the Supreme Court's verdict on pleas challenging the abrogation of the provisions of Article 370 of the Constitution "sad and unfortunate", but said "we have to accept it". "It (the court verdict) is sad and unfortunate," Azad told reporters here. The former Jammu and Kashmir chief minister said the people of the region are not happy with the verdict delivered by a five-judge bench of the apex court. "But we have to accept it (the verdict)," he added. The Supreme Court on Monday upheld the Centre's decision to abrogate Article 370, which bestowed a special status on the erstwhile state of Jammu and Kashmir, and said steps should be taken to conduct elections to the Assembly by September 30 next year. The apex court also directed that statehood to the Union Territory of Jammu and Kashmir be restored at the earliest.

Disappointed, struggle will continue: Abdullah on SC verdict on Article 370

National Conference (NC) vice president Omar Abdullah on Monday said he is disappointed but not disheartened with the Supreme Court's verdict on pleas challenging the abrogation of the provisions of Article 370 of the Constitution. "Disappointed but not disheartened. The struggle will continue," Abdullah said in a post on X. The former Jammu and Kashmir chief minister said it took the Bharatiya Janata Party (BJP) decades to abrogate the provisions of Article 370 and added that they are also prepared for the long haul. "It took the BJP decades to reach here. We are also prepared for the long haul," he said. The Supreme Court on Monday upheld the Centre's August 5, 2019 decision to abrogate Article 370, which bestowed a special status on the erstwhile state of Jammu and Kashmir, and said steps should be taken to conduct elections to the Assembly in the Union Territory by September 30 next year. The apex court also directed that statehood to the Union Territory of Jammu and Kashmir b

Security beefed up across Kashmir ahead of SC verdict on Article 370

Security was beefed up across Kashmir on Monday ahead of the Supreme Court's verdict on a batch of petitions challenging the abrogation of the provisions of Article 370 of the Constitution that gave a special status to the erstwhile state of Jammu and Kashmir, officials said. Security forces have been deployed at many places in the valley to maintain law and order, they added. Checkpoints have been set up in and around Srinagar city and random frisking and checking of vehicles and people are being done, the officials said. Checkpoints have also been set up at a few places in other districts of Kashmir. However, there is no restriction on the movement of people anywhere in the valley, the officials said. "Life is going on normally. Shops and other business establishments opened in the morning as usual. There are no restrictions anywhere," one of them said. The officials said the security agencies are keeping a hawk's eye on the situation and attempts to disturb peace will be dealt

People expecting lot from SC: Cong's Ravinder Sharma on Article 370 verdict

Five-judge constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant will pass the judgement

Winter session: Amit Shah to table 2 J-K Bills in Rajya Sabha today

The House will also see Ministers making statements on the status of the implementation of various reports and several private members move for leave to introduce Bills

Won't testify again at New York fraud trial, nothing more to say: Trump

Donald Trump said Sunday he has decided against testifying for a second time at his New York civil fraud trial, posting on social media that he "VERY SUCCESSFULLY & CONCLUSIVELY" testified last month and saw no need to appear again. Trump had been expected to return to the witness stand Monday as the last big defense witness in the trial in New York Attorney General Letitia James' lawsuit. The case threatens Trump's real estate empire and cuts to the heart of his image as a successful businessman. Trump announced he was cancelling his testimony in an all-capital letters, multipart statement on his Truth Social platform, writing: "I WILL NOT BE TESTIFYING ON MONDAY." " HAVE ALREADY TESTIFIED TO EVERYTHING & HAVE NOTHING MORE TO SAY," Trump wrote, adding his oft-repeated claim that James and other Democrats have weaponized the legal system to hinder his chances at retaking the White House. Trump was often defiant and combative when he testified on November 6. Along with ...

LIVE: Cong holds meeting to review party's performance in Assembly polls

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Polarisation across world marked by social media growth, intolerance: CJI

The polarisation across the world, with India not being an exception, is marked by the growth of social media and growing intolerance among communities, Chief Justice of India D Y Chandrachud has said here. Speaking at the Jamnalal Bajaj Awards function on Friday, he also said that India's pluralistic culture and "ability to engage in dialogue" set it apart from many other countries which got independence during the same period but could not sustain democracy. "Much of the polarisation which we see across the globalised world....the polarisation between right and left and the centre...the polarisation which we experience across the world and India is no exception, is also marked by the growth of social media, the sense of intolerance among communities, the short attention span which the younger generation has," Chandrachud said. This was not an isolated phenomenon, and free markets and technology produced it, he added. The CJI also spoke about how India's post-independence journey

Delhi cabinet reshuffle: Atishi gets Law dept, now overseeing 14 portfolios

The Chief Minister Arvind Kejriwal's recommendation for the same was approved by Lieutenant Governor Vinai Kumar Saxena, said the Delhi government on Friday

LIVE: Top Congress brass reviews poll defeats in Chhattisgarh, MP

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Will demand to withdraw FIRs against Maratha protesters: Fadnavis

Maharashtra Deputy Chief Minister Devendra Fadnavis on Friday told the legislative assembly that the state government was taking necessary action on the demand to withdraw cases filed against pro-Maratha reservation protesters in Jalna district. The police had used mild force against the Maratha protesters in Jalna, he said, adding that 79 police personnel and 50 persons were injured during the face-off. Fadnavis, who also holds the home portfolio, said this in his written reply to questions asked by more than 20 legislators on the Maratha quota issue. "The state government will review the cases filed against the protesters involved in the Maratha quota agitation and take appropriate action. The government has also sent some of the police officials on compulsory leave and later transferred them out of the district," he said. Activist Manoj Jarange had sat on an indefinite fast in the last week of August at his native Antarwali Sarati village in Jalna district. However, the agitatio

As a judge, I am servant of law and Constitution: CJI D Y Chandrachud

Chief Justice of India D Y Chandrachud on Friday said that as a judge, he is a "servant" of the law and the Constitution and has to follow the position that has been laid down. As soon as a bench headed by the CJI assembled for the day's proceedings, advocate Mathews J Nedumpara mentioned a matter before the court. The lawyer then told the bench, also comprising Justices J B Pardiwala and Manoj Misra, about the need for reforms in the collegium system as well as abolition of the senior advocate designation. "You have the freedom to pursue your heart's desire. As the Chief Justice of India, but more importantly, as a judge first, I am a servant of the law and the Constitution," Justice Chandrachud said. "I have to follow a position which has been laid down," he said, adding, "I cannot say this is what I like and I will do it." In October this year, the apex court had dismissed a plea challenging the designation of lawyers as senior advocates, saying the petition was a "misadventure