thelawadvice
thelawadvice
The Law Advice
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thelawadvice · 1 year ago
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Bombay HC Grants Interim Protection to Two Women Accused of Defrauding Bollywood Actor Vivek Oberoi
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On January 15, the Bombay High Court provided temporary relief by granting interim protection from arrest to two women (applicants and accused) who are facing charges of defrauding Bollywood actor Vivek Oberoi of ₹1.55 crore.
Justice SV Kotwal, serving as the single judge, has extended protection until February 22 to Nandita Saha and Raadhika Pratap Nanda. They are partners of Anandita Entertainment LLP, a partnership firm that involves Bollywood actor Vivek Oberoi and his wife.
The judge noted that there was no apparent criminal offense established and characterized the situation as a dispute among business partners.
The case originated from a complaint filed by Oberoi's company, Oberoi Mega Entertainment LLP, lodged through its authorized representative, Chartered Accountant Deven Bafna.
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thelawadvice · 1 year ago
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Rape FIR lodged after 34 years without explaining delay is abuse of process of law: SC
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thelawadvice · 1 year ago
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Rape FIR lodged after 34 years without explaining delay is abuse of process of law: SC
The bench of justices BR Gavai and Sandeep Mehta today quashed an order of cognizance taken by Magistrate against a negative final report in an FIR lodged by a woman and her son for an alleged offence of rape reported after 34 years. The bench noted that the accused who has allegedly committed rape upon the prosecutrix has treated the son of the prosecutrix as his son and maintained by giving cash and other benefits.
The prosecutrix had lodged the report that when the alleged offence was committed she was a minor and after the rape, the son was born. The Court held in the judgment that this appears to be a trick to get the properties of the accused since the prosecutrix has not narrated the delay of 34 years in lodging the FIR.
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thelawadvice · 1 year ago
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Petition to increase prisoner visits in Delhi jails dismissed by SC, existing restrictions upheld
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The Supreme Court of India has dismissed a petition advocating for an increase in the frequency of visits by family members and advocates to prisoners lodged in Delhi jails. A bench comprising Justices Bela M Trivedi and Pankaj Mithal maintained that the existing restrictions on prison visits are necessary for effective prison management and cannot be relaxed.
The petitioners had argued that the overcrowded conditions in Delhi prisons, coupled with advancements in technology such as video conferencing, warranted a reconsideration of the limitations imposed by the Delhi Prison Rules. Rule 585 of the Delhi Prison Rules, 2018, restricts the right of inmates to consult with a lawyer to two meetings per week.
The lead petitioner, advocate Jai Anant Dehadrai, contended that Rule 585 violated the constitutional right to access justice guaranteed to undertrial prisoners and convicts under Article 21. The plea sought an amendment to the rules, allowing prisoners to meet legal advisors an unlimited number of times from Monday to Friday.
However, Justices Trivedi and Mithal, expressed reservations about relaxing the existing restrictions. Justice Trivedi emphasized the accused status of the prisoners, stating, "Do not forget you (prisoners) are accused. Where is the question of relaxing? These are policy matters. It will become difficult for jail authorities to manage so many visits. There has to be restrictions, even for undertrials."
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thelawadvice · 1 year ago
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Shiv Sena's intra-party strife: Speaker's meeting with Chief Minister raises concerns ahead of verdict
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In a dramatic turn of events within the Shiv Sena party, the Uddhav Thackeray-led UBT faction has filed an application in the Supreme Court, raising objections to a meeting between Assembly speaker Rahul Narwekar and Chief Minister Eknath Shinde. This development comes just days before the eagerly awaited verdict in the Shiv Sena MLA disqualification case, scheduled for January 10 at 4 pm.
The crux of the objection lies in Speaker Narwekar's alleged impropriety in meeting Chief Minister Shinde at his residence on January 7, a mere three days before the crucial decision on the disqualification petition. Former Chief Minister Uddhav Thackeray expressed his concerns in the application, stating, "It is highly improper for the Speaker to meet Eknath Shinde three days before deciding on the disqualification petition. The Speaker is required to act in an impartial manner. However, the present act of the Speaker raises questions about his fairness and impartiality in the decision-making process."
Thackeray went on to assert that the Speaker's actions violate the fundamental legal maxim that justice should not only be done but also be seen to be done. The application aims to bring the meeting to the notice of the court, urging it to be officially recorded and addressed with an appropriate order.
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thelawadvice · 1 year ago
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Justice Navrang Lal Tibrewal passed away
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Former Acting Chief Justice of Rajasthan High Court and former Governor of Rajasthan Justice Navrang Lal Tibrewal passed away today.
Navrang Lal Tibrewal, born on 17th January 1935 in the Jhunjhunu district of Rajasthan, is an esteemed Indian judge and former acting Governor of Rajasthan. He also held the position of the acting Chief Justice of the Rajasthan High Court.
Justice Tibrewal received his early education in Jhunjhunu, pursued his graduation at Maharaja College, Jaipur, and earned his LL.B. from University Law College in 1959. Following a six-month training period as a senior lawyer, he commenced his legal practice in the Jhunjhunu district and subordinate courts.
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thelawadvice · 1 year ago
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Delhi HC Issues Notice to Enforcement Directorate in AAP MP Sanjay Singh's Bail Plea
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Today, the Delhi High Court took action by sending a notice to the Enforcement Directorate following a plea from Aam Aadmi Party (AAP) Rajya Sabha MP Sanjay Singh. Singh sought bail after his arrest in connection to a money laundering case linked to the Delhi excise policy scam.
Justice Swarana Kanta Sharma announced that the next hearing for the case is scheduled for January 29.
Senior Advocate Mohit Mathur represented Singh in court and informed the proceedings that Singh had not been specifically identified in the initial offense. Mathur emphasized that Singh's arrest followed only after the tenth statement made by a witness.
Since October 4, 2023, Singh has been in the custody of the Enforcement Directorate (ED) subsequent to a search conducted at his residence by the agency. He has remained in judicial custody since October 13.
The trial rejected his bail plea on December 22, 2023.
The allegations against Singh revolve around his purported involvement in devising and executing the defunct Delhi excise policy. This policy is accused of being designed to favor specific liquor manufacturers, wholesalers, and retailers, with Singh allegedly playing a significant role in its formulation and implementation.
Sanjay Singh's arrest represents the third significant apprehension of an AAP figure in connection to the excise policy case. Earlier, AAP's communications in-charge Vijay Nair was arrested in September 2022, followed by the arrest of former Deputy Chief Minister of Delhi, Manish Sisodia, in February 2023. As of now, both Nair and Sisodia remain in detention.
Earlier, Singh had filed a plea contesting his arrest, citing it as an abuse of the legal process and a breach of the Supreme Court's judgment in the Pankaj Bansal v. Union of India case, often referred to as the M3M Reality case.
However, the High Court dismissed this plea on October 20, 2023, asserting that the Enforcement Directorate (ED) holds a prominent status as an investigating agency. The court cautioned against attributing political motives to the ED, highlighting potential implications for the country's reputation.
Singh subsequently approaches the Supreme Court regarding this matter, which is currently handling and reviewing the case.
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thelawadvice · 1 year ago
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MS Dhoni Files Criminal Case Against Ex-Business Partners, Alleging ₹16 Crore Fraud Over Unfulfilled Cricket Academy Deal
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MS Dhoni, the ex-captain of Team India, has taken legal action against two previous business associates. His lawyer alleges they swindled approximately Rs 16 crore by failing to uphold their contract to set up cricket academies. Two directors of Aarka Sports, a sports management company, are being sued in a lower court regarding the filed case.
Dayanand Singh, representing Dhoni through Vidhi Associates, a law firm in Patna, confirmed the filing of a criminal case in a competent Ranchi court. The case targets Aarka Sports directors Mihir Diwakar and Soumya Biswas, citing violations under Sections 406 and 420 of the IPC.
Singh elaborated that the accused had approached Dhoni back in 2017 with a proposal to set up cricket academies both in India and overseas. Initially, the agreement outlined Dhoni receiving the complete franchise fee, with profits to be divided on a 70:30 basis between Dhoni and the partners, as per Singh's statement.
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thelawadvice · 1 year ago
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Delhi Court Grants Permission for Polygraph Tests on Five Parliament Security Breach Suspects
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On Friday, the Delhi Court granted permission to the Delhi Police to conduct polygraph tests on five out of the six individuals detained in relation to the Parliament security breach.
Judge Hardeeep Kaur, presiding over the case, extended the custody of all the accused by eight days. Additionally, she authorized the investigating officer to carry out polygraph tests on Manoranjan D, Sagar Sharma, Amol Dhanraj Shinde, Lalit Jha, and Mahesh Kumawat.
Taking into account the consent of the accused individuals—except Neelam Azad—the court issued the order to proceed with their polygraph tests. The judge issued the order in response to a police application requesting authorization to conduct polygraph tests on all the accused individuals.
During the Zero Hour on the anniversary of the 2001 Parliament terror attack on December 13, a significant security breach occurred when two individuals, namely Sagar Sharma and Manoranjan D, leaped into the Lok Sabha chamber from the public gallery.
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thelawadvice · 1 year ago
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Justice BR Gavai new Head of SCLSC (SC Legal Service Committee)
The third Senior most judge of the Supreme Court Justice BR Gavai has been nominated as the Chairman of the Supreme Court Legal Services Committee (SCLSC), replacing Justice Sanjiv Khanna.
The Department of Justice, Central Government issued a notification on December 29, 2023, to this effect.
Justice Gavai would become the Chief Justice of India after the retirement of Justice Sanjiv Khanna.
Five advocates of the Supreme Court have also been nominated members of the Committee
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thelawadvice · 1 year ago
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thelawadvice · 1 year ago
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5 High Courts get New Chief Justices
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The Supreme Court Collegium, led by Chief Justice of India (CJI) DY Chandrachud and including Justices Sanjeev Khanna and BR Gavai, has proposed the appointment of new Chief Justices (CJs) for the High Courts of Rajasthan, Allahabad, Gauhati, Punjab & Haryana, and Jharkhand.
Rajasthan High Court is the most highlighted High Court in these recommendations since it has for permanent Chief Justice as well as 2 (two) judges of this High Court have been recommended to be elevated as Chief Justice of other High Courts.
The resolutions, passed by the Collegium, were uploaded on the official website this evening. The recommended judges for Chief Justice positions are as follows:
Justice Manindra Mohan Shrivastava, currently a Judge of the Rajasthan High Court, has been suggested for the role of Chief Justice of the Rajasthan High Court.
Justice Arun Bhansali, a Judge of the Rajasthan High Court, has been recommended for appointment as Chief Justice of the Allahabad High Court.
Justice Vijay Bishnoi, a Judge of the Rajasthan High Court, is proposed for the position of Chief Justice of the Gauhati High Court.
Justice Sheel Nagu, currently a Judge of the Madhya Pradesh High Court, has been recommended for appointment as Chief Justice of the Punjab and Haryana High Court.
Justice BR Sarangi, a Judge of the Orissa High Court, has been suggested for appointment as Chief Justice of the Jharkhand High Court.
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