Legal Update as on 11.05.2023

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Legal Update
  1. HC TO STATE: SHOW ME THE ACTIONS YOU’VE TAKEN TO STOP ILLEGAL COAL MINE OPERATIONS – While noting that state officials had fostered and shielded the state’s kingpins of illicit coal mining, the Meghalaya High Court ordered the government to identify the individuals responsible for the illegal coke plants that had been set up and detail the measures taken to bring them to justice.
    SHAILENDRA KUMAR SHARMA VS. STATE OF MEGHALAYA & ORS.
  1. CAL HC: CRIMINAL PROSECUTION CANNOT BE CONCLUDED WITHOUT PROOF OF FRAUDULENT INTENTION FROM THE START – Mens rea is the core of the offence, and criminal prosecution for criminal breach of trust or cheating cannot be successful unless fraudulent and dishonest intention is demonstrated right from the start of any transaction, according to the Calcutta High Court in its decision to reject a criminal proceeding.
    GIRISH LAHOTI & ANR. V. FIRDOUS ALAM
  1. DEL HC TO BCI: CONSIDER PREVIOUSLY ANNOUNCING THE AIBE SCHEDULE -The Bar Council of India (BCI) has been ordered by the Delhi High Court to consider notifying the public in advance of each calendar year’s expected AIBE administration months.
    NISHANT KHATRI V. BCI
  1. DELHI HC: COURTS CANNOT INTERVENE IN ADOLESCENT ROMANTIC RELATIONSHIPS. – The Delhi High Court has noted that courts must exercise caution when denying or granting bail in POCSO cases since early love relationships, particularly adolescent love, must be examined in the context of their real-life settings to comprehend their behaviour in a given situation.
    MAHESH KUMAR v. STATE (NCT OF DELHI)
  1. SC: COMPANY’S BANK ACCOUNT CANNOT BE FREEZED DURING AN INVESTIGATION OF AN UNRELATED PARTY – The Supreme Court ruled that a freezing order against a foreign institutional investor company should be overturned because it is not legal to operate a freeze order against a company that has no connection to the criminal investigation being conducted against the accused’s company.
    M/S. JERMYN CAPITAL LLC DUBAI V. CBI AND ORS.
  1. GUJARAT HIGH COURT: IN CASES INVOLVING DOMESTIC VIOLENCE, THE COURT MAY ACCEPT EVIDENCE ON AFFIDAVITS. ACT – According to the Gujarat High Court, the court may, at its discretion and after taking into account the purposes/objectives of domestic violence, admit evidence from an affidavit. Act that goes beyond the purview of Section 28(2) and creates its own method in addition to departing from the procedure described in Section 28(1) read in conjunction with Rule 6(5).
    SAMIRKUMAR CHANDUBHAI JOSHI V. STATE OF GUJARAT & ORS
  1. SC: COURT CANNOT GRANT RELIEF BY MODIFYING ARBITRAL AWARD AFTER SETTING ASIDE ARBITRAL AWARD – According to the Supreme Court, once an arbitral award has been set aside, the court cannot change it because that precludes further court intervention.
    INDIAN OIL CORPORATION LTD. AND ORS. Vs M/S. SATHYANARAYANA SERVICE STATION & ANR
  1. SC RETENDS CCI’S NOTIFICATION OF 200 CRORE PUNISHMENT LEVELLED AGAINST AMAZON IN FUTURE COUPONS CASE – The Supreme Court declared that, given the totality of the circumstances surrounding the case, it is acceptable that no coercive measures be implemented in regard to the notice, and it has delayed the 200 Crore penalty notice that the Competition Commission of India (CCI) had imposed on Amazon in the future coupons case.
    AMAZON.COM NV INVESTMENT HOLDINGS LLC V. COMPETITION COMMISSION OF INDIA & ORS. CA (NO) 4974 OF 2022
  1. SC: DIFFERENCE FROM RFCTLARR ACT CANNOT BE USED TO INVALIDATE TN HIGHWAYS ACT – According to the Supreme Court, the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, the provisions of the Tamil Nadu Highways Act of 2001 cannot be deemed illegal because they are discriminatory or arbitrary.
    CS GOPALAKRISHNAN ETC. V. THE STATE OF TAMIL NADU AND OTHERS

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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Legal Updates