Legal Update as on 29.03.2023

legal-updates
Legal Update as on 29.03.2023
  1. DELHI HC: CAN’T RELY ON SECTION 34(4) OF THE A&C ACT TO TAKE NEW MATERIAL EVIDENCE INTO ACCOUNT – The Delhi High Court ruled that the arbitral tribunal cannot be given permission to consider the crucial evidence that it had previously disregarded by resorting to Section 34(4) of the Arbitration and Conciliation (A&C) Act.
    INOX AIR PRODUCTS PVT. LTD. v. AIR LIQUIDE NORTH INDIA PVT. LTD. O.M.P. (COMM.) 212 OF 2018
  1. SC: When evaluating a default bail claim, the day of remand should be taken into account.
    The Supreme Court ruled that the day of remand must be taken into account while evaluating a request for default bail and noted that the remand time will be determined starting from the day the Magistrate detained the accused.
    ENFORCEMENT DIRECTORATE vs. KAPIL WADHAWAN
  1. Continue your efforts to stop the illegal transportation of noxious alcohol, SC to PUNJAB GOVT. – The Supreme Court ordered the state of Punjab to continue taking action to curb the illegal shipment of fake alcohol and illegal bhatthis into the State as it concluded hearings in a case involving the issue of large-scale manufacture and sale of illicit alcohol in the state.
    Tarsem Jodhan & Anr. v. State of Punjab & Ors.
  1. Meeting between DCPCR and MWCD to discuss the 2021 amendment to the JJ Act is suggested by SC. – The Supreme Court has recommended that a conference between the Ministry of Women and Child Development (MWCD) and the Delhi Commission for Protection of Child Rights (DCPCR) be conducted to address the Juvenile Justice (Care and Protection) Act 2015 amendments that would take effect in 2021. (JJ Act).
    Delhi commission for protection of child rights v UOI
  1. 28 years after being imprisoned, the SC releases a death row convict – The Supreme Court freed a man who had been sentenced to death after spending more than 28 years in prison after ruling that even though he was a minor when the crime was committed, he was tried as an adult and received the death penalty.
    Narayan Chetanram Chaudhary v. State of Maharashtra
  1. CUSTODIAL TORTURE IS NOT AN OFFICIAL DUTY, BOM. HC SAYS. – In cases when a person dies as a result of custodial torture, the Bombay High Court has instructed the Special CBI Court to upgrade the charges against three police personnel from hurt to murder while noting that such conduct is not the duty of the police.
    Mehrunnisa Kadir Shaikh v. State of Maharashtra & Ors.
  1. DECLARANTS OF OWNERSHIP OF EXOTIC LIVE SPECIES IMMUNE FROM PROSECUTION PER 2020, SC ADVICE FROM MOEFCC – According to a ruling by the Supreme Court, people who declared possession of “exotic live species” in accordance with the MoEFCC’s 2020 advisory are exempt from prosecution under the Wild Life (Protection) Act of 1972 or any subsequent laws and amendments that are incorporated into the Act.
    Swetab Kumar v. Ministry of Environment, Forest And Climate Change and Ors.

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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