#highcourt

[seemabhatnagar]

Freezing of bank account for unconnected entities is legally untenable.

M/s Jermyn Capital LLC Dubai v. Central Bureau of Investigation

Fact:

M/s Jermyn Capital LLC Dubai (#Appellant Company) was Permitted by Securities Exchange Board of India (#SEBI) to buy & sell share & securities in the #Indian Stock Market.

The appellant company had its shares in its account with #ICICI Bank.

However, due to certain litigation the appellant company quit the trading in the Indian Market in 2006.

But appellant company was subjected to 02 #freeze orders under section 102 #Cr PC. (This section empowers police officers to seize any property which gives suspicion for commission of any offence.)

The freeze order for an amount of Rs.42.51 crore was initiated because of the #pending #investigation against Dharmesh Doshi

Against the freeze order the appellant company approached the Apex Court & the #ApexCourt allowed the appellant Company to sell its shares & convert into cash and repatriate the funds with interest but without bank guarantee.

Rs. 42.51 Crore was repatriated.

Issue arose when appellant company was incapacitated by second freeze order for an amount of Rs. 38.52 crores to repatriate.

Aggrieved by the freeze the appellant company again approached the Apex Court.

 The Apex Court gave liberty to the appellant company to approach trial court for release of the said amount.

 The trial court allowed the repatriation of Rs.38.52 Crores subject to the #Bank Guarantee of an equivalent amount.

Aggrieved by the imposition of Bank Guarantee Clause the appellant Company approached High Court.

High Court confirmed the decision of Trial Court.

Against the order of the High Court present Criminal Appeal is filed before Apex Court.

Observation of the Apex Court:

 Imposition of Bank Guarantee clause as due to pending investigation against Dharmesh Doshi, alleged to have been connected with the appellant company.

Record shows that Dharmesh Doshi has been discharged by the trial court, was never an employee/shareholder/director or holding key managerial position in the appellant company.

Dharmesh Doshi & Appellant Company are 02 separate entities.

Freezing order as such not legally tenable when two entities are unconnected.

Neither in the FIR nor in the chargesheet filed against the Dharmesh Doshi, appellant company was named.

Further during hearing CBI informed the Apex Court that no criminal proceedings is pending against the appellant company pertaining the dispute discussed here.

The freeze order against the appellant company’s properties is redundant as the appellant company is not necessary for the conclusion of the investigation.

The purpose of the freeze order, and the bank guarantee in extension of the freeze order, can only be in operation to aid in the investigation against the alleged crime.

Since the investigation against the appellant company has become redundant as such freeze order has also become redundant.

 The operation of the freeze order has been active for a period of 17 years and has caused huge losses to the appellant company.

Decision:

The Division Bench of Hon’ble Mr. Justice Krishna Murari J & Hon’ble Sanjay Kumar J vide their order dt.09.05.2023 set aside the order of the High Court and permitted the appellant company to withdraw the said amount with 4% simple interest from May08, 2006.

Seema Bhatnagar

#criminalappeal #freezingofbankaccount #unconnectedwiththeoffence #namedinFIR&Chargesheet #foreigninstitutionalinvestor #cbi #highcourt #supremecourtofindia #icici bank #tradinginstockmarket

[arunchaitanya]

#varanasiArunChaitanya #advocate #highcourtofandhrapradesh #highcourt #vijayawada #Anantapur #AndhraPradesh #India #president #cwo #chaitanyamwelfareorganisation #saksham #ABADPS #Akhilabharathaayyappadeekshapracharasamithi #feelingblessed #sunkalamma #Annampalli #dussehra #pamidi (at Anantapuramu, Andhra Pradesh, India) https://www.instagram.com/p/CjNq6KaJ9Qc/?igshid=NGJjMDIxMWI=

#varanasiarunchaitanya #advocate #highcourtofandhrapradesh #highcourt #vijayawada #anantapur #andhrapradesh #india #president #cwo #chaitanyamwelfareorganisation #saksham #abadps #akhilabharathaayyappadeekshapracharasamithi #feelingblessed #sunkalamma #annampalli #dussehra #pamidi

[freelawbydjure]

Supreme Court transfers to itself 27 writ petitions pending in 11 High Courts challenging the imposition of 28% GST on online gaming companies

Today (April 05, 2024), the Supreme Court (SC) transferred to itself 27 writ petitions pending in 11 High Courts challenging the imposition of 28% GST (Goods and Services Tax) on online gaming companies. The bench also tagged all these pending petitions with a petition pending in the SC filed by GamesKraft. The matter was heard today by a three-judge bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra. The SC bench posted the matter for hearing in the last week of April 2024. Online gaming companies such as Dream 11, Head Digital Works, and Games 24X7 have also filed petitions before the SC against the imposition of 28% GST on online gaming companies. Earlier on December 15, 2023, the SC refused to pass an interim order against GST demand notices to e-gaming companies and posted the matter for hearing on January 08, 2024. While hearing the matter on January 08, 2024, the top court sought response from the Centre Government on a batch of petitions challenging the constitutional validity of the imposition of 28% GST on online gaming companies. Today, the SC bench transferred all the pending petitions in High Courts related to the matter to itself and posted them for hearing in the last week of April 2024.

Also Read: Supreme Court Latest Updates

Also Read: Legal Articles

Also Read: Legal News

#supreme court #highcourt #gst #tax #onlinegaming #onlinegamingcompanies #indialaw #freelaw

[pob393]

Matthew Hoh: Free Julian Assange TODAY

#assange #assangecase #julianassange #highcourt #russia #ukraine #USMilitaryHistory #Israel #Gaza #ceasefire #hostage...

[soolegal]

As per Article 124(2), the retirement age of a Supreme Court judge is 65 years.

As per Article 217(1), the retirement age of a High Court judge is 62 years

𝐑𝐞𝐚𝐝 𝐌𝐨𝐫𝐞

#supremecourtofindia #HighCourt #judge #Retirementage #legalupdates #LegalHelp #SoOLEGAL

[srinithyananda-tamil]

#Nithyananda #KAILASA #JusticeForHinduMonks #Highcourt #Justice

[preponias]

The Narmada River

#TheNarmadaRiver #narmadariver #River #HighCourt #stategovernment #urban #rural #UPSC #upscprelims #upscprelims2024 #upscexam #upsc2024 #upscaspirants #currentaffairs2023 #DailyNews #generalknowledgeindia #Narmada

[santabantablog]

Enrolling Children In Preschool Before Age 3 Is Illegal - High Court ruling.

Gujarat High Court declared Preschool Before Age 3 Is Illegal! Yes, you heard right. In a significant decision, the Gujarat High Court has stated

#preschool #illegal #highcourt

[leadindia011]

We delve into the concept of Transfer Petition and explore the reasons behind its filing in the Supreme Court. If you've ever wondered what Transfer Petition entails and why it holds significance, you're in the right place! Our expert analysis will provide you with a comprehensive understanding of this legal procedure.

#TransferPetition #SupremeCourt #LegalInsights #UnderstandingTransferPetition #IndianCourts #LegalProcess #JudicialSystem #HighCourt #TransferofCases #LegalCases #SupremeCourtOfIndia #Law #Litigation #IndianJudiciary #LegalProcedure #LegalAdvice #LegalMatters #PetitionTransfer #LegalJustice #LegalLearning #youtube #youtubeindia #youtubevideo #viral #india #lawyer #trending #Youtube

[leadindia08]

High Court Order On Live In Agreement | Live In Relationship

In this YouTube Video, We discuss the recent Supreme Court order on Live-In Agreements, shedding light on the key aspects of Live-In Relationships. In our content-packed discussion, we delve into the legal nuances, rights, and responsibilities surrounding this modern form of companionship. Understanding the Supreme Court decree on Live-In Relationships is crucial, as it impacts the lives of many individuals today. Through this comprehensive analysis, we aim to provide you with a clear picture of the frameworks governing Live-In Relationships.

#highcourt #relationship #Youtube

[mykrantisamay]

अगर आपने अपनी इच्छा के विरुद्ध मोबाइल फोन पर किसी की बातचीत रिकॉर्ड की तो आपको जेल हो जाएगी! हाई कोर्ट का बड़ा फैसला

जब कोई व्यक्ति दूसरे से मोबाइल पर बात कर रहा हो तो दूसरे की इच्छा के विरुद्ध फोन रिकॉर्ड करना संविधान के अनुच्छेद 21 के तहत निजता के अधिकार का उल्लंघन और आईटी अधिनियम की धारा 72 के तहत अपराध है। रायपुर,डिजिटल मोबाइल फोन के जमाने में अब मोबाईल फोन पर रिकॉर्डिंग करना भारी पड़ सकता है। आईटी एक्ट की धारा 72 के मुताबिक किसी दूसरे की मर्जी के खिलाफ किसी फोन में रिकॉर्डिंग करना अपराध है. हाईकोर्ट ने…

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#hindinews #Highcourt

[seemabhatnagar]

Supreme Court will not interfere in matters where call is to be taken by the Executive

Balwant Singh v. Union of India & Anr.

The Supreme Court (SC) of India dismissed the Criminal Petition of the Accused Balwant Singh one of the accused in the #CriminalConspiracy which had resulted in the #assassination of the then #ChiefMinister of #Punjab, Prakash Singh Badal. Further the Apex Court also didn’t find it appropriate to give #access to the #file of #Ministry of #HomeAffairs to the Petitioner.

This verdict was pronounced on 03.05.2023 by the Division Bench of the Apex Court comprising Hon’ble Justice B R Gavai J, Hon’ble Mr. Justice Vikram Nath J & Hon’ble Mr. Justice Sanjay Karol J.

The present Criminal petition was filed for calling the record of #mercypetition submitted on 25.03.2012 seeking clemency from the President of India under Article 72 of the Constitution of India (COI). And to commute the death sentence into life imprisonment because of inordinate delay in deciding the mercy petition.

Fact: Balwant Singh, the petitioner in this case, is one of the accused who had hatched  criminal conspiracy along with 8 others (Jagtar Singh Hawara, Gurmeet Singh, Lakhwinder Singh, Shamsher Singh and Nasib Singh.) and had executed bomb blast on 31.08.95 in which Chief Minister of Punjab Prakash Singh Badal along with 16 others lost their lives and many were injured.

The Trial Court convicted the accused for the offence pertaining to Sections 120-B, 302, 307 of the Indian Penal Code (IPC), 1860and u/s.3(b), 4(b) and 5(b) r/w 6 of Explosives Substances Act, 1908 and awarded death sentence.  

In reference High Court confirmed the conviction and sentence of the accused (Petitioner Balwant Singh) but commuted the death sentence of Jagtar Singh into life imprisonment. However Central Bureau of Investigation (CBI) filed Appeal before the Supreme Court against the commuting of death sentence into life imprisonment in the case of Jagtar Singh which is pending for consideration.

Other co-accused preferred appeal against the judgement of the High Court (HC) before the Apex Court but the present petitioner didn’t preferred any appeal or any Mercy Petition before the President of India.

The mercy petition pending before the President of India is filed by Shiromani Gurudwara Prabhandak Committee (SGPC) on behalf of the Petitioner Balwant Singh.

Ministry of Home Affairs, Government of India on 27.09.2019 initiated a proposal on the occasion of commemoration of 550th Birth Anniversary of Guru Nanak Dev Ji proposing special remission and release of prisoners.

Submission of the Petitioner Counsel:

Communication dt.27.09.2019 of Ministry pf Home Affairs, Government of India provided that 8 Sikh persons be given special remission under Article 161 of the Constitution of India and be released from prison and a further proposal for commutation of death sentence to life imprisonment of one prisoner (petitioner) is to be processed under Article 72 of the Constitution of India.

Till date no decision has been taken.

As the State and the Union of India have not been able to decide the Mercy Petition which is pending for more than 10 years, this Court itself may grant that commutation.

Submission of the Additional Solicitor General of India (ASG)

Petitioner having expressed in specific terms that he has no faith in the judiciary of this country and that he did not regret at all being part of the crime and further has used contemptuous terms before the High Court which have been duly recorded, wherefore he does not deserve any mercy in view of his conduct.

Till date the petitioner himself has not submitted any Mercy Petition. The Mercy Petition dated 25.03.2012 was submitted by the SGPC. When the petitioner has not filed any Mercy Petition himself, there is no question of granting any relief as claimed.

Ministry of Home Affairs, upon material consideration of various reports from its different branches, has come to the conclusion that the consideration may be deferred as it could have an impact of compromising the security of the nation & creating law and order situation

Criminal Appeals filed by the co-accused Lakhwinder Singh & Jagtar Singh are still pending before this Court, as such consideration of any Mercy Petition would arise only after disposal of those appeals.

Criminal Appeal filed by CBI is also pending against the commuting of death sentence into lfe imprisonment in case of Jagtar Singh.

The decision in these appeals pending before this Court would be a relevant material and while considering the Mercy Petition the same could have a bearing. As such it would be appropriate to await the decision of the pending appeals.

There is no delay in consideration of the Mercy Petition. It is only after 27.09.2019 that the Ministry of Home Affairs, Government of India, required the State Government to send the proposal for commutation of death sentence to life imprisonment under Article 72 of the COI.

Considering the prevailing situation, a decision has been taken by the Ministry of Home Affairs that it would be appropriate to defer taking any decision on the Mercy Petition as it could have serious potential of compromising the security of the nation or creating a law and order situation.

Observation of the Apex Court:

Delay in decision on Mercy Petition can’t be sustained.

Petitioner himself never submitted Mercy Petition. Mercy Petition on behalf of petitioner Balwant Singh was submitted by the SGPC.

The Ministry of Home Affairs communication dated 27.09.2019, is the proposal for considering the commutation of the death sentence of the petitioner was started and a decision was taken by the Ministry of Home Affairs to keep the same pending till disposal of the pending appeals before this Court, filed by the co-accused as well as by the CBI.

Deferring the decision by Ministry of Home Affairs amounts to a decision declining to grant the same for the present.

Since Ministry of Home Affairs, upon material consideration of various reports from its different branches, has come to the conclusion that the consideration may be deferred as it could have an impact of compromising the security of the nation or creating law and order situation.

It is within the domain of the executive to take a call on such sensitive issues.

This Court does not deem it appropriate to issue any further directions.

Seema Bhatnagar

#mercypetition #assasination #callofexecutive #supremecourt #highcourt #criminallawyers

[kesarijournal]

The Quandary of The Voice: When Noble Intentions Meet the Brick Wall of Constitutionality

Ah, The Voice, Australia’s much-vaunted proposal aimed at giving the country’s Indigenous people a say in the matters that affect them. Noble, isn’t it? Almost poetic in its aspirations. But if only aspirations were all it took to amend a constitution!## The Federation of Indissoluble DreamsLet’s start with the grand idea that Australia is a federation of ‘indissoluble’ states. “United we stand,”…

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#2023 #ConstitutionalAmendment #FederalCommonwealth #HighCourt #IndigenousRights #LegalAnalysis #SeparationOfPowers #SocialWelfareWorkersCase

[repotednews]

Hearing on Chandrababu quash petition today...

Key hearings will be held in the courts on Tuesday regarding the skill development case. It is known that TDP chief Chandrababu approached the High Court against the ACB court verdict. He filed a quash petition in the High Court challenging his remand. Lawyer Siddhartha Luthra argues that Chandrababu's arrest is illegal and his remand order should be quashed. The High Court accepted the petition and gave time till 18th of this month to the government to file a counter. The hearing was adjourned to 19th of this month. The High Court will hear the petition today. Meanwhile, a hearing will be held today on the bail petition filed by Chandrababu in the ACB court and on the petition filed by the CID to hand him over to their custody. The court will hear the CID custody petition only after the trial on the quash petition is completed in the High Court.

#Chandrababu #quashpetitiontoday #TDPchiefChandrababu #HighCourt #ACBcourt #HighCourtchallenging #LawyerSiddhartha #Luthraargues #LatestNews #TeluguNews #RepotedNews

[techalertr]

Check High Court Case Status | High court case order copy | हाई कोर्ट केस चेक करें #shorts #highcourt #howto Full video on : https://youtu.be/YApam26r2v0

#Check High Court Case Status | High court case order copy | हाई कोर्ट केस चेक करें #shorts #highcourt #howto #Full video on : https://youtu.be/YApam26r2v0 #love #watch video on tech alert yt #instagood #techalertr #like #technology #technical #techalert #youtube

[srinithyananda-tamil]

#Nithyananda #KAILASA #JusticeForHinduMonks #Truth #Gujarat #HighCourt