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“It is cardinal in law that justice must not only be done but must also be seen to be done. It is high time that sometimes those who investigate must also be investigated to keep alive the faith of the public at large in the system”.
Supreme Court pointed out that the provisions of the Senior Citizens Act, nowhere specifically provides for drawing proceedings for eviction of persons from any premises owned or belonging to such a senior person.
Supreme Court said that according to the prosecution, the convicts had committed the murder of the deceased. Therefore, it is for the prosecution to connect the convicts to the murder by producing credible and legally admissible evidence.
Bose has been provided with ‘X’ category security since 10-04-2019 because of the perception of threat, both on account of his enmity with the TMC’s sitting MP Kalyan Banerjee due to matrimonial feud as well as his alliance with the party at the Centre (BJP).
“Merely for the reason that the view of the Appellate Court is a better view than the one taken by the arbitral tribunal, is no ground to set aside the award”.
Supreme Court suspected potential manipulation, indicating that someone might be purposely controlling the listing process.
The Court has affirmed the power of the Arbitrator to grant pre-reference, pendente lite, and post-award interest on the rationale that a person who has been deprived of the use of money to which he is legitimately entitled has a right to be compensated for the same.
“There is no dispute as to the power of the courts to award interest on interest or compound interest in a given case subject to the power conferred under the statutes or under the terms and conditions of the contract; but where no such power is conferred ordinarily, the courts do not award interest on interest”.
Should the Court find the instrument to be chargeable with duty, but it is either not stamped or is insufficiently stamped, it is bound by Section 33 of the Karnataka Stamp Act, 1957 to impound the same. Section 34 also places a fetter on the Court’s authority to admit an instrument which, though chargeable with duty, is not duly stamped.
“People do not purchase the high-end luxurious cars to suffer discomfort more particularly when they buy the vehicle keeping utmost faith in the supplier who would make the representations in the brochures or the advertisements projecting and promoting such cars as the finest and safest automobile in the world.”
“Any interpretation of the Preamble or the scheme of the Act for construing ‘Profession’ as ‘Business’ or ‘Trade’; or ‘Professional’ as ‘service provider’ would be extending the scope of the Act which was not intended, rather would have a counter productive effect”
Satyendar Jain was arrested in May 2022 pertaining to offences under PMLA.
“The form of the police report under Section 173(2) of the CrPC is prescribed by the State Government and each State Government has its own Police Manual to be followed by the police officers while discharging their duty.”
The District Collectors of several Districts of Tamil Nadu were summoned by the Directorate of Enforcement for various offences under the IPC and the Prevention of Corruption Act, 1988, including some of them being scheduled offences.
A curative petition is a petition which requests the court to review its own decision even after a review petition is dismissed. It is considered as the last and final option available for redressal of grievances.
The Bench had earlier deferred the hearing dated 10 Jan to 24 Jan, and yet again the matter got deferred.
Supreme Court listed the next date for the instant matter as 19-02-2024.
“The Court also held that it is not necessary that a person against whom the offence under Section 3 of the PMLA is alleged, must be shown as the accused in the scheduled offence.”
The Supreme Court observed that this was not a case where Akhil Gogoi should be allowed to be detained in custody, especially after having secured an order of discharge, rightly or wrongly.”
In the case at hand, a man had shot himself dead following a monetary dispute with the 74-year-old Advocate’s sone and two others.