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Showing posts with the label Legal Updates

Delhi High Court Issues Notice to Centre on PIL Against Drone Federation of India Over Alleged Forgery

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Delhi High Court Issues Notice to Centre on PIL Against Drone Federation of India Over Alleged Forgery Court Issues Notice to Centre The Delhi High Court on Wednesday expressed displeasure with the Ministry of Corporate Affairs (MCA) and Directorate General of Civil Aviation (DGCA) while issuing notice on a public interest litigation (PIL) filed against the Drone Federation of India over allegations of forgery. The bench led by Chief Justice Devendra Kumar Upadhyay , also comprising Justice Tushar Rao Gedela , orally remarked that the DGCA should have filed a complaint and registered an FIR regarding the forgery . DGCA, MCA Directed to Submit Reports The court also directed DGCA, MCA, and other authorities to submit separate reports on the status of the investigation. The matter is scheduled for a detailed hearing on March 19, 2025 . The bench also questioned how a private entity could present itself as a government organisation . Government Response & Alleged Forgery Durin...

Delhi High Court Discharges School Principal in Student Death Case: A Detailed Analysis

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Delhi High Court Discharges School Principal in Student Death Case: A Detailed Analysis In a significant ruling, the Delhi High Court discharged a government school principal, Rekha Kakkar, in a 2016 case concerning the death of a student due to alleged negligence. This article delves into the legal aspects of the case, the reasoning behind the court's decision, and an explanation of the applicable legal provisions, specifically Section 251 of the CrPC and Section 304A of the IPC . Case Background: What Happened? The tragic incident occurred in a government school in Delhi's Kapashera area in 2016. A four-year-old student died after falling into a septic tank on the school premises, allegedly due to negligence. An FIR was registered under Section 304A (Death by Negligence) read with Section 34 (Common Intention) of the IPC against the school principal, a Junior Engineer (JE), a contractor, and a school maid. The charge sheet was filed on July 5, 2016 , and the Metropo...

Supreme Court Issues Notice to Gurmeet Ram Rahim Singh in CBI’s Plea Against Acquittal in 2002 Murder Case

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Supreme Court Issues Notice to Gurmeet Ram Rahim Singh in CBI’s Plea Against Acquittal in 2002 Murder Case Overview of the Case The Supreme Court of India has issued a notice to Gurmeet Ram Rahim Singh , the self-styled godman and Dera Sacha Sauda chief, along with four other individuals, in connection with the 2002 murder of Ranjit Singh , the sect's former manager. This notice comes in response to a plea filed by the Central Bureau of Investigation (CBI) challenging their acquittal by the Punjab and Haryana High Court . The High Court’s judgment had overturned the trial court’s conviction of the accused, leading the CBI to appeal the acquittal. Supreme Court Proceedings On January 5, 2025 , a bench led by Chief Justice Sanjeev Khanna and Justice Sanjay Kumar sought responses from the accused, including Gurmeet Ram Rahim , and tagged the matter with another pending appeal filed by the complainant, the father of the deceased, Ranjit Singh. The case is scheduled to be he...

Delhi Court Grants Bail to Chinese National in Vivo India Money Laundering Case

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Delhi Court Grants Bail to Chinese National in Vivo India  Money Laundering Case In a significant development in the Vivo India money laundering case, Delhi’s Patiala House Court on November 11 granted regular bail to Guangwen alias Andrew , a Chinese national and administrative manager at Vivo India, who was previously detained under charges of money laundering related to alleged proceeds of crime worth ₹20,000 crores . Guangwen had been in judicial custody since October 2023 and was released on bail under specific terms and conditions. Court’s Decision and Reasoning for Bail Additional Sessions Judge (ASJ) Kiran Gupta presided over the bail application, assessing the overall circumstances, including the period of custody, prior conduct, and existing evidence against Andrew. The court emphasized that although Andrew was employed at Vivo India, no substantial personal financial gain was reported in his accounts, apart from his legitimate salary. In granting bail, the court noted t...

Supreme Court Upholds MHADA Act: Balancing Private Property and Public Welfare under Directive Principles

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Supreme Court Upholds MHADA Act: Balancing Private Property and Public Welfare under Directive Principles  The Supreme Court of India has rendered a comprehensive judgment on a significant constitutional case concerning the validity of the Maharashtra Housing and Area Development Act (MHADA Act) under the constitutional protections provided by Articles 31-C and 39(b). This case addresses the legitimacy of the MHADA Act's Chapter VIII-A, which enables the acquisition and transfer of certain dilapidated properties in Mumbai to cooperative societies for repair and reconstruction. Background and Genesis of the Case The issue originates from Mumbai's housing challenges, where pre-1940 buildings face severe dilapidation risks, exacerbated by the city's climate and monsoon seasons. This led to the enactment of the MHADA Act in 1976, establishing a cess to fund repairs. However, these measures proved insufficient due to the magnitude of the problem, prompting an amendment in 1986 t...

The Curious Case of a Missing Man Found Alive: Supreme Court to Examine Police Custody Mystery

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The Curious Case of a Missing Man Found Alive: Supreme Court to Examine Police Custody Mystery In a case that reads more like the plot of a Bollywood thriller , the Supreme Court is currently examining a curious incident where a man presumed dead for 14 years  after allegedly escaping police custody was found alive . The case, dating back to 2005 , has raised questions about police misconduct, wrongful detainment, and an alleged conspiracy involving the Punjab Police . Background of the Case: The Disappearance and "Death" The saga began in August 2005 , when Hardeep Singh was arrested by Punjab Police under the Narcotic Drugs and Psychotropic Substances Act (NDPS) from Ludhiana. The very next day, the police claimed that Hardeep Singh had escaped from custody . A First Information Report (FIR) was registered under Section 224 of the IPC  against him, which deals with the escape of a person from lawful custody. His father, Naginder Singh , filed a habeas corpus petition , i...

SC Reiterates Bail as the Rule, Jail as the Exception

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SC Reiterates Bail as the Rule, Jail as the Exception The Supreme Court of India has once again underscored the principle that bail should be the rule, and jail the exception. This reiteration came in a recent ruling where the apex court granted bail to an accused, Prem Prakash, in a money laundering case. The court emphasized the importance of not using statements given by an accused under custody as admissible evidence, especially when such statements are made under duress or coercion.  Inadmissibility of Statements Under PMLA Custody The Supreme Court bench comprising Justices B.R. Gavai and K.V. Viswanathan ruled that any statement made by an accused under Section 50 of the Prevention of Money Laundering Act (PMLA) while in custody is inadmissible. The court stressed that an accused in custody cannot be considered to be acting with a free mind, and any statement made under such circumstances could be unsafe and unjust to be used against them. This ruling came in the context of ...

Supreme Court Overturns Controversial Calcutta HC Judgement on Adolescent Sexual Urges

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Supreme Court Overturns Controversial Calcutta HC  Judgement on Adolescent Sexual Urges In a significant ruling, the Supreme Court has set aside a controversial judgement by the Calcutta High Court, which advised adolescent girls to "control their sexual urges." The SC has restored the conviction under rape charges against a man accused of sexually assaulting a minor, with whom he later entered into a marriage.  SC Restores Rape Conviction A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan reversed the Calcutta High Court's acquittal of the accused, emphasizing that the High Court's observations on adolescent behavior were "problematic" and "highly objectionable." Guidelines for Judges on Writing Judgments In a critical move, the Supreme Court also issued guidelines for judges on how to draft judgments in cases involving adolescents, ensuring that personal biases and unwarranted opinions do not influence the judicial process.  Calcutta HC’s ...

Delhi HC Grants Bail in High-Profile Fraud Case Involving Rs 344 Crores

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Delhi HC Grants Bail in High-Profile Fraud Case  Involving Rs 344 Crores Issue of the Case The key issue in this case is whether V Hans Prakash, accused in a high-profile fraud involving the alleged transfer of Rs 344 crores worth of mutual funds and securities, is entitled to bail pending trial. The primary concerns include the sufficiency of the evidence, the necessity of custodial detention, and the flight risk of the accused. Facts of the Case Background: The Delhi High Court recently granted bail to V Hans Prakash, who was accused in a significant fraud case involving the fraudulent transfer of mutual funds and securities worth Rs 344 crores held by Dalmia Cements Bharat Ltd. This decision was rendered by Justice Amit Mahajan on August 7. Details of the Allegation: - Companies Involved: Dalmia Cements Bharat Ltd, and its subsidiaries OCL India Limited and Dalmia Cement East Ltd, which had mutual fund investments managed by Allied Financial Services Pvt. Ltd (AFSPL). - Fraudul...

Pune Porsche Car Case: Accused “Played with Judiciary” by Tampering with Evidence, Says Prosecution

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Pune Porsche Car Case: Accused “Played with Judiciary” by Tampering with Evidence, Says Prosecution  In a dramatic turn of events, the prosecution in the Pune Porsche car case has alleged that the six accused tampered with evidence, effectively "playing with the judicial system." The case involves a tragic accident on May 19, where a Porsche car, allegedly driven by a minor under the influence, killed two IT professionals in Pune's Kalyani Nagar area. Background of the Case On May 19, a high-speed Porsche car, driven by a minor, collided with two IT professionals, resulting in their deaths. The incident drew national attention and led to a complex legal battle. The accused include the minor's parents—Vishal Agarwal and Shivani Agarwal—along with medical professionals and middlemen who are alleged to have conspired to alter evidence. Allegations of Evidence Tampering Special Public Prosecutor (SPP) Shishir Hiray has argued that the accused, including the minor's pa...

Government to Introduce Waqf Amendment Bill in Lok Sabha on Thursday

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Government to Introduce Waqf Amendment Bill in  Lok Sabha on Thursday The BJP-led government is set to introduce the Waqf (Amendment) Bill, 2024 in the Lok Sabha on Thursday. This bill aims to amend the Waqf Act, 1995, addressing key issues related to State Waqf Boards, property registration, and encroachments. The introduction is accompanied by the withdrawal of two previous legislative measures: the Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014, and the Mussalman Wakf Act, 1923.  Withdrawal of Previous Bills Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014 Originally introduced in February 2014 by the Congress-led UPA government, this bill aimed to address the issue of unauthorized occupants of waqf properties. The decision to withdraw it comes in light of the new amendment bill, which seeks to handle these concerns more effectively through updated provisions and administrative measures. Mussalman Wakf Act, 1923    The Mussalman Wak...