Category: Constitution

Prevention of Money – Laundering Act, 2002 – Sections 5, 8(4), 15, 17 and 19 – Constitutional validity of Sections 5, 8(4), 15, 17 and 19 of the Prevention of Money – Laundering Act, 2002 is upheld – Directorate of Enforcement (ED) has powers to arrest, attachment, search and seizure – At the stage of issue of summons, the person cannot claim protection under Article 20(3) of the Constitution.

SUPREME COURT OF INDIA FULL BENCH VIJAY MADANLAL CHOUDHARY AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and C.T.…

Appeal against dismissal of writ for certificate Tax Deduction at Source (TDS) at the rate of 4% in respect of payments received by the Appellant from Oil and Natural Gas Company Ltd. towards work done out of India as well as within India. Judges differed matter put before CJI for orders as to bench

SUPREME COURT OF INDIA DIVISON BENCH NATIONAL PETROLEUM CONSTRUCTION COMPANY — Appellant Vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(2), INTERNATIONAL TAXATION, NEW DELHI AND ANOTHER — Respondent ( Before…

Union of India prayed transferring all writs challenging the constitutional validity of the Payment of Bonus (Amendment) Act, 2015 HELD the prayer for transfer of the subject petitions is declined and all the interim stay orders are vacated while providing that it shall be permissible for the parties to request the respective High Courts for expeditious hearing and disposal .

SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA ETC. — Appellant Vs. THE UNITED PLANTERS ASSOCIATION OF SOUTHERN INDIA ETC. ETC. AND OTHERS — Respondent ( Before : Dinesh…

Maharashtra Control of Organised Crime Act, 1999 – Section 2(1)(e) – Organised crime – Actual use of violence is not always a sine qua non for an activity falling within the mischief of organised crime, when undertaken by an individual singly or jointly as part of organised crime syndicate or on behalf of such syndicate

SUPREME COURT OF INDIA DIVISON BENCH ABHISHEK — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Aniruddha Bose, JJ. ) Criminal Appeal No.…

Mandate of Section 207 of CrPC cannot be read as a provision etched in stone to cause serious violation of the rights of the accused as well as to the principles of natural justice – It must be emphasized that prosecution by the State ought to be carried out in a manner consistent with the right to fair trial, as enshrined under Article 21 of the Constitution.

SUPREME COURT OF INDIA FULL BENCH S.P. VELUMANI — Appellant Vs. ARAPPOR IYAKKAM AND OTHERS — Respondent ( Before : N.V. Ramana, CJI, Krishna Murari and Hima Kohli, JJ. )…