Bringing you the Best Analytical Legal News
Permitting a stay on regulatory penalties under the guise of insolvency proceedings would undermine the very purpose of the CP Act and embolden errant developers to escape liability through insolvency proceedings.
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When appointed, Justice Joymalya will be in line to become Chief Justice of India after retirement of Justice KV Viswanathan.
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A vacancy in the office of the Chief Justice of the High Court of Orissa arose consequent upon retirement of Justice Chakradhari Sharan Singh.
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The accused person’s Creta car dashed against the scooty on which the deceased couple was travelling along with their daughter. Due of the impact, couple died on the spot and their daughter was seriously injured. After the death of couple, the injured daughter and two other minor children of the couple became orphan.
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Justice N. Kotiswar Singh was serving as the Chief Justice of Jammu & Kashmir and Ladakh High Court, prior to being elevated as Judge of the Supreme Court of India on 18-7-2024.
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“The judgment of the Court will always be retrospective in nature unless the judgment itself specifically states that the judgment will operate prospectively”.
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The Petitioner further contended that the second proviso to the Section 8(8) of PMLA, 2002, is in contravention with the settled law provided under the PMLA, 2002.
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The Court found that circumstances in the instant case constituted more than a prima facie case to enable the prosecution to invoke Section 106 of the Evidence Act and shift the burden on the accused husband to explain what had happened on the day & date his wife died.
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In the instant case a husband was charged for the murder of his wife who died in mysterious circumstances by the Trial Court; however, MP High Court acquitted the husband as it found the child witness to be tutored.
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The Court found that circumstances in the case constitute more than a prima facie case to enable the prosecution to invoke Section 106 of the Evidence Act and shift the burden on the accused husband to explain what had happened on the day & date his wife died.
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The Collegium also recommended the extension of term of Justice Manjusha Ajay Deshpande, as Additional Judge of the High Court of Bombay.
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The suggestions encompassed key areas such as definition of legal practitioner, legal privilege, right to practice and code of conduct for legal practitioners.
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“Given its vast reach, a single article or report can resonate with millions, shaping their beliefs and judgments, and it has the capability to cause severe damage to the reputation of those concerned, with consequences that may be far-reaching and enduring”.
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The Supreme Court Collegium led by Justice Sanjiv Khanna, CJI on 5-2-2025 had approved the proposal to appoint the 2 Judicial Officers as Judges of Delhi High Court.
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The DCDRC noted that in the new era, time is considered money, and no one has the right gain benefit out of other’s time and money.
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“Appropriate Government has the power to incorporate suitable conditions in an order granting permanent remission. The conditions must not be oppressive or stringent that the convict is not able to take advantage of the order granting permanent remission. The conditions cannot be vague and should be capable of being performed”.
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“Consideration of two conditions mentioned in Section 45 is mandatory, and while considering the bail application, the said rigours of Section 45 have to be reckoned by the court to uphold the objectives of the PMLA.”
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High Court should have independently applied its mind and arrived at a conclusion as to whether a case for grant of bail, on settled parameters, had been made out or not.
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Supreme Court Collegium on 17-10-2023 recommended his appointment as Judge of Uttaranchal High Court.
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The Collegium on 5-2-2025 had recommended appointment of Justice Laxminarayana Alishetty, Justice Anil Kumar Jukanti and Justice Sujana Kalasikam.
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