Page 24 - Law

HC to hear plea against of CAs inclusion in money laundering law on Monday

The Delhi High Court on Monday will hear a petition challenging the inclusion of chartered accountants, company secretaries and cost accountants within the ambit of reporting entities under the anti-money laundering law and fastening of criminal liability on them in case of non-compliance of the legal provisions. The petition by Rajat Mohan, a practising chartered accountant (CA), is listed for hearing before a bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula. The plea said by including CAs and other professionals within the definition of reporting entities under the Prevention of Money Laundering Act (PMLA), onerous obligations have been put on them with consequences of noncompliance leading to criminal prosecution, and it virtually makes such professionals engage in policing their own clients with whom they interact in fiduciary capacity. The Petitioner by way of the present writ petition is challenging the validity of Gazette Notification No. S.O.2036(E) ..

Ensure proper implementation of RTI Act on proactive disclosure of info: SC

The Supreme Court has directed the Central Information Commission and the State Information Commissions to ensure proper implementation of provisions of the Right to Information Act, 2005 including on proactive disclosure of information by public authorities. A three-judge bench led by Chief Justice D Y Chandrachud said public accountability is a crucial feature that governs the relationship between 'duty bearers' and 'right holders'. The top court said power and accountability go hand in hand and noted that while all citizens shall have the 'right to information' under Section 3 of the Act, the co-relative 'duty' in the form of the obligation of public authorities is recognised in Section 4 of the RTI Act. "We direct that the Central Information Commission and the State Information Commissions shall continuously monitor the implementation of the mandate of Section 4 of the Act as also prescribed by the Department of Personnel and Training in its Guidelines and Memorandums issued fr

RS refers IPC, CrPC, Evidence bill replacements to Home Affairs committee

Rajya Sabha Chairman Jagdeep Dhankhar on Friday referred the three proposed laws that will replace IPC, CrPC and the Evidence Act to the Standing Committee on Home Affairs for examination and asked it to report back within three months. The bills -- the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Bill -- were introduced in the Lok Sabha by Home Minister Amit Shah on August 11. The bills, once passed, will replace the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Indian Evidence Act respectively. "Members are informed that on 18th August, 2023, the Chairman, Rajya Sabha in consultation with the Speaker, Lok Sabha has referred the Bharatiya Nyaya Sanhita, 2023; the Bharatiya Nagarik Suraksha Sanhita, 2023; and the Bharatiya Sakshya Bill, 2023, as introduced in the Lok Sabha and pending therein, to the Department-related Parliamentary Standing Committee on Home Affairs, for examination and report within three months," ...

What's the harm if person provides caste details for Bihar survey, asks SC

SC also recalled its April 10 verdict by which it had held that duty free shops at arrival and departure terminals at international airports are outside the purview of the customs law

NCLAT permits Engine Lease Finance to inspect its jet engines with Go First

The National Company Law Appellate Tribunal (NCLAT) on Friday allowed Engine Lease Finance BV to inspect their four engines leased to crisis-hit carrier Go First. A two-member bench of the appellate tribunal granted relief to Engine Lease Finance (ELF) after modifying the earlier order of the National Company Law Tribunal (NCLT) on July 26. NCLAT has directed the resolution professional of Go First, which is going through the corporate insolvency resolution process (CIRP), to allow the world's leading independent engine financing and leasing company to inspect the engines within 10 days of the order. "We are of the view that inspection be permitted within 10 days from today," said an NCLAT bench comprising Chairperson Justice Ashok Bhushan and Barun Mitra. During the proceedings, counsel for the resolution professional submitted that in view of the orders passed by the Delhi High Court, the inspection shall be allowed, and the date for carrying out the inspection shall be intimated

SC adjourns hearing on Umar Khalid's plea seeking bail in UAPA case

The Supreme Court on Friday adjourned for two weeks the hearing on a plea filed by former JNU student Umar Khalid seeking bail in a case lodged under anti-terror law UAPA over his alleged involvement in the conspiracy behind the northeast Delhi riots of February 2020. A bench of Justices Aniruddha Bose and Bela M Trivedi said the matter needs to heard on a non-miscellaneous day. Tuesdays, Wednesdays and Thursdays are non-miscellaneous days in the apex court when matters which require detailed hearing are taken up. Senior advocate Kapil Sibal, appearing for Khalid, agreed to the suggestion. Supreme Court judge Justice Prashant Kumar Mishra had on August 9 recused himself from hearing Khalid's plea. Khalid's petition challenging the October 18, 2022 order of the Delhi High Court, which had rejected his bail plea in the matter, had come up for hearing before a bench of Justices A S Bopanna and Prashant Kumar Mishra. The high court had rejected Khalid's bail plea, saying he was in ..

Hindu outfit calls for out-of-court settlement of Gyanvapi mosque dispute

A Hindu outfit on the forefront of a legal battle on Gyanvapi complex located next to Kashi Vishwanath temple has written an open letter advocating an out-of-court settlement of the dispute. The letter has come at a time when a scientific survey of the Gyanvapi complex is underway on the order of the Varanasi district court. Jitendra Singh Bisen, chief of Vishwa Vedic Sanatan Sangh, has written an open letter inviting the Hindu and Muslim sides to hold talks to settle the Gyanvapi complex dispute with mutual consent. Bisen said that the letter has been issued on behalf of the Hindu side after the consent of Rakhi Singh, the main litigant in the case. "If this matter can be resolved by mutual consent, then nothing can be better than that," he added. Bisen in his letter said some anti-social elements want to take advantage of this constitutional fight between Hindus and Muslims for their personal gains which can prove to be harmful for both, the country and the society. In such a ..

Independence Day 2023: Guidelines for disposing of National Flag properly

The national flag of India should be disposed of with respect and dignity. The flag is a symbol of pride, and hence National Flag Code 2002 shares guidelines on how to dispose of the Tricolour

BNS Bill proposes to do away with IPC provisions on unnatural sex, adultery

The Bharatiya Nyaya Sanhita (BNS) Bill which is proposed to replace the British-era Indian Penal Code (IPC) does away with two contentious provisions on unnatural sex and adultery that were diluted and struck down respectively by the Supreme Court in 2018. Under the IPC, Section 377 says "whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine". On September 6, 2018, a five-judge bench unanimously decriminalised a part of Section 377. However, the provision still stood in the statute book to deal with unnatural sexual offences against minors, against their consent and bestiality. In the new BNS Bill, there is no provision on "unnatural sex". On September 27, 2018, a five-judge bench of the Supreme Court unanimously struck off from the statute books Section 497 of IPC which

Thousands take to street in Israel against Netanyahu's judicial overhaul

Over 100,000 were in attendance, at the main Tel Aviv protest, Times of Israel reported citing Channel 13 news, which cited data from the CrowdSolutions firm

Lawyers' duty is to protect Constitution in today's circumstances: Raj CM

Chief Minister Ashok Gehlot Saturday urged lawyers in the state to protect the Constitutional values of the country in today's "worrying circumstances". He said lawyers made significant contributions in the country's freedom movement and their role is important in building an ideal society. "They have deep knowledge of the basic sentiments of the Constitution. In today's worrying circumstances, it is the duty of the advocates to protect the constitutional values of the country," Gehlot said. He was addressing the Chief Minister-Advocate dialogue at the his official residence on Saturday. Later, in the evening he also inaugurated 160 newly constructed flats for MLAs near the Rajasthan Assembly. He said, "The role of lawyers is important in building an ideal society. Lawyers made important contribution in India's freedom movement. Be it Mahatma Gandhi, former Prime Minister Pt. Jawaharlal Nehru or Motilal Nehru, all were lawyers," he said. The chief minister said Rajasthan is the o

7 new laws, including Delhi services bill, receive Presidential assent

Seven new laws, including the one related to the control of services matter in Delhi, passed by Parliament this week came into force on Saturday after they received the assent of President Droupadi Murmu. An official gazette notification in this regard was issued by the government. The legislations that become operational are the Jan Vishwas (Amendment of Provisions) Act, 2023; The Government of National Capital Territory of Delhi (Amendment) Act, 2023; The Digital Personal Data Protection Act, 2023; The Registration of Births and Deaths (Amendment) Act, 2023; The Indian Institutes of Management (Amendment) Act, 2023; The National Dental Commission Act, 2023; and The Offshore Areas Mineral (Development and Regulation) Amendment Act, 2023. The Delhi services bill secured parliamentary approval on Monday after the Rajya Sabha passed the contentious measure that will give the Centre control over bureaucracy in the national capital, with the BJP-led NDA thwarting opposition challenge in

Delhi services bill becomes a law after President Droupadi Murmu's assent

The Delhi services bill that entails the creation of an authority for the transfer and posting of Group-A officers in the national capital and gives the central government primacy over such appointments has received presidential assent. In a notification, the Ministry of Law and Justice said that President Droupadi Murmu has given her assent to the Government of National Capital Territory of Delhi (Amendment) Act, 2023. With this, the legislation becomes a law and replaces the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, an official said. The legislation was passed by Rajya Sabha on August 7, after a challenge by the Aam Aadmi Party and other opposition parties was defeated, and by Lok Sabha on August 3. The Act gives the Delhi Lieutenant Governor the final say on the transfer and posting of officials of the city government and strengthens the central government's control over the national capital. The Supreme Court had on May 11 ruled that the ..

Nawaz Sharif will return to Pak next month to face court cases: PM Sharif

Pakistan's outgoing Prime Minister Shehbaz Sharif has said that his brother and former premier Nawaz Sharif will return to Pakistan next month to face his pending court cases and lead the party's campaign for the general election. Nawaz Sharif, 73, has been living in self-imposed exile in the UK since November 2019. He was convicted in the Al-Azizia Mills and Avenfield corruption cases in 2018. He was serving a seven-year imprisonment at Lahore's Kot Lakhpat jail in the Al-Azizia Mills case before he was allowed to proceed to London in 2019 on "medical grounds". In an interview with Geo News on Thursday, Shehbaz Sharif, 71, said he would travel to London to meet his elder brother Nawaz Sharif as soon as the caretaker government took charge in the country. Shehbaz Sharif reiterated that his elder brother would be Pakistan's prime minister for the fourth time if the Pakistan Muslim League-Nawaz (PML-N) won the next election to be held later this year. His statement came as the proce

Prosecutors seek Jan 2 trial date for Trump's 2020 election conspiracy case

Prosecutors with special counsel Jack Smith's team asked a judge on Thursday to set a Jan. 2 trial date for former President Donald Trump in the case charging him with plotting to overturn his 2020 election loss. Prosecutors said in court papers that they want the case before U.S. District Judge Tanya Chutkan to move to trial swiftly in Washington's federal court, setting up a likely battle with defense attorneys who have already suggested they will try slow things down. Smith's team says the government's case should take no longer than four to six weeks. The date is just under two weeks before the first votes are set to be cast in the Republican presidential race, with Iowa's first-in-the-nation caucuses scheduled for Jan. 15. The early front-runner in the 2024 Republican presidential primary faces charges including conspiracy to defraud the United States for what prosecutors say was a weekslong plot to subvert the will of voters and cling to power after he lost the 2020 election t

HC admits Mukhtar Ansari's appeal against life term awarded by lower court

The Allahabad High Court has admitted mafia-turned-politician Mukhtar Ansari's appeal against life term awarded to him by the Varanasi sessions court in the 1991 Awadhesh Rai murder case. A division bench comprising Justice K J Thaker and Justice U C Sharma summoned the lower court record and fixed September 13 as the next date of hearing. In the court proceedings on last Thursday, Mukhtar Ansari's counsel Upendra Upadhya had pleaded on his behalf but the state counsel opposed his appeal. Ansari was on June 5 awarded life imprisonment by the court of special judge (MP-MLA) for the murder of Awadhesh Rai in Varanasi in 1991. The court also slapped a penalty of Rs 1.20 lakh on him. This was Ansari's fifth conviction since September 21, 2022, and the biggest so far in terms of quantum of the sentence. Mukhtar had appeared before the court from the Banda jail through video-conferencing.

Maharashtra govt working on law to curb 'love jihad', says Fadnavis

Maharashtra Deputy Chief Minister Devendra Fadnavis on Saturday said the state government was thinking about introducing a law to curb "love jihad" but will study similar legislations in other states before taking a decision. Love jihad is a term used by right-wing activists and outfits to allege a conspiracy by Muslim men to convert Hindu women to Islam through marriage. "Many cases have come up of girls getting married and converting. There is demand from all corners to make a law against this. Earlier, I had made an announcement in the House also. Accordingly, study of laws in various states is on and then the decision about it in Maharashtra will be taken, Fadnavis said. Speaking about the Supreme Court on Friday staying Congress leader Rahul Gandhi's conviction in a 2019 defamation case related to a remark on the Modi surname, Fadnavis made a veiled attack on the opposition party by saying "some people think if the Supreme Court rules in their favour, then it (decision) is good

ED takes possession of villas, land in money laundering case against PFI

The Enforcement Directorate has taken possession of four villas and 6.75 acres of land in Kerala's Munnar district as part of a money laundering investigation against the banned Popular Front of India. The assets are worth a total Rs 2.53 crore (book value) and belong to Munnar Villa Vista Pvt Ltd. They were provisionally attached by the federal probe agency on January 7 and the adjudicating authority of the Prevention of Money Laundering Act (PMLA) confirmed it on June 30, the ED said in a statement on Saturday. The order of the adjudicating authority paved way for the agency to take possession of the land and the four villas, it said. The Popular Front of India (PFI) was banned under provisions of the Unlawful Activities Prevention Act (UAPA) in September last year over its alleged links with terror activities. The Enforcement Directorate (ED) said PFI leaders and members associated with overseas entities were developing a residential project -- Munnar Villa Vista Project (MVVP)

Pak court sentences Imran Khan to three years in prison in Toshakhana case

A court in Pakistan on Saturday sentenced Imran Khan to three years in prison in a corruption case in which the embattled former prime minister is accused of profiting from selling expensive state gifts when he was in power. Additional Judge Humayun Dilawar of the Islamabad-based district and sessions judge also imposed Rs100,000 fine on Khan, adding that he would be kept in jail for another six months if failed to pay the fine. Khan, 70, was convicted in the Toshakhana case which was filed last year on the complaint of the Election Commission of Pakistan (ECP) which had earlier disqualified him in the same case. The verdict came a day after the Islamabad High Court (IHC) set aside a session court's verdict to uphold the maintainability of the Toshakhana case for criminal proceedings against Khan. The Toshakhana issue over the sale of state gifts received by the former cricketer-turned-politician became a major issue in national politics after the ECP disqualified Khan on October 2

1984 anti-Sikh riots: Delhi court accepts Jagdish Tytler's bail bond

A Delhi court on Saturday accepted a bail bond furnished by Congress leader Jagdish Tytler in a case connected with the Pul Bangash killings during the 1984 anti-Sikh riots. Additional Chief Metropolitan Magistrate Vidhi Gupta Anand, who had on July 26 summoned Tytler on Saturday in connection with the case, noted that the accused has already been granted anticipatory bail by a sessions court. The court further directed the Central Bureau of Investigation (CBI) to provide a copy of the charge sheet to Tytler. The Congress leader appeared before the court amid high security. "Bail bond furnished. Accepted, subject to conditions imposed on bail order," the magistrate said. Tytler's wife, Jennifer Tytler, stood security for him in the case. The court verified her identity and financial status, and after noting that she was financially independent, accepted her as a surety. The judge will now hear the matter on August 11. On Friday, the sessions court granted the relief to Tytler o