“(1) Whether the protection granted to a person under Section 438 Cr.P.C. should be limited to a fixed period so as to enable the person to surrender before the Trial Court and […]
Cancellation of Bail -Where an order refusing or granting bail does not furnish the reasons that inform the decision, there is a presumption of the non-application of mind which may require the intervention of this Court. Where an earlier application for bail has been rejected, there is a higher burden on the appellate court to furnish specific reasons as to why bail should be granted.
The instant appeal is allowed and the judgment dated 15.11.2019 passed by the High Court of Delhi in Bail Application No.2718 of 2019 impugned herein is set aside; The appellant is ordered to be released on bail if he is not required in any other case, subject to executing bail bonds for a sum of Rs.2 lakhs with two sureties of the like sum produced to the satisfaction of the learned Special Judge; The passport ordered to be deposited by this Court in the CBI case shall remain in deposit and the appellant shall not leave the country without specific orders to be passed by the learned Special Judge. The appellant shall make himself available for interrogation in the course of further investigation as and when required by the respondent. The appellant shall not tamper with the evidence or attempt to intimidate or influence the witnesses;
While the learned Judge was empowered to look at the materials produced in a sealed cover to satisfy his judicial conscience, the learned Judge ought not to have recorded finding based on the materials produced in a sealed cover.
CANCELLATION OF BAIL-However, it is argued by both the Counsel that the amount may be about Rs. 350 Crores. Be that as it may, having regard to the material on record, and since a huge amount of money belonging to investors has been siphoned off, as well as for the aforesaid reasons, the High Court, in our considered opinion, should not have released the Respondent on bail.
Therefore, the status of a witness is convertible to the accused during the course of investigation subject to the collection of independent sufficient incriminating materials against the petitioner, which must be in the nature of startling and clinching in sense.
Grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in interrogating the accused and in collecting the useful information and also the materials which might have been concealed. Success in such interrogation would elude if the accused knows that he is protected by the order of the court. Grant of anticipatory bail, particularly in economic offences would definitely hamper the effective investigation.
Anticipatory Bail application cancelled – Section 120B r/w Section 420 of IPC and Section 8 and Section 13 (1)(d) r/w Section 13(2) of the PC Act – Pre-arrest is not meant for high profile economic offenders. Time has come to recommend to the Parliament to suitably amend the Law to restrict the provisions of pre-arrest bail and make it inapplicable to economic offenders of high profile cases like the instant one.
An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 18.7.2019 in connection with Ballygunge P.S case no. 27 of 2019 dated 1.3.2019 under sections 420/406/467/468/471/120B of the IPC – Bail granted
Bail granted – In the matter of: Riday @ Hriday Ghosh @ Ridoy – The accused was not named in the first information report and as co-accused persons are on regular bail/anticipatory bail, we are inclined to grant bail to the petitioner.
SC handed over the Managership of Sri Padmanabha Swamy Temple to the Ruler of Travancore in absolute terms. - Having given our anxious consideration to the rival suggestions, the composition of the Committees as suggested by the appellants deserves acceptance, especially in light of the conclusions arrived by us that the Managership or the Shebaitship of the Temple continues with the Family.
Exchange rate of foreign currencies Conversion in India for Customs-02/07/2020 - In exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and in supersession of the Notification No.53/2020-Customs(N.T.), dated 18th June, 2020 except as respects things done or omitted to be done before such supersession, the Central Board of Indirect Taxes and Customs hereby determines that the rate of exchange of conversion of each of the foreign currencies specified in column (2) of each of Schedule I and Schedule II annexed hereto, into Indian currency
Reserve Bank released data relating to India’s International Investment Position as at end-March 2020. - International financial assets of Indian residents increased by US$ 73.9 billion due to the rise in reserve assets and overseas direct investment by US$ 64.9 billion and US$ 13.0 billion, respectively, though other investments declined marginally during the year
Supreme Court of Pakistan Quashed Reference filed by President of Pakistan against Justice Qazi Faez Isa-19/06/2020 - One of our pivotal Constitutional values is that the independence of judiciary shall be fully secured. The same Constitution also ordains that to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen. Therefore, it is reiterated that in our constitutional democracy, neither the petitioner judge, nor any other judge, or any individual or any institution, is above the law.
Aspen Underwriting Ltd and ors vs Credit Europe Bank NV- 01/04/2020 - QUESTION: These appeals concern whether the High Court of England and Wales has jurisdiction to hear claims to recover sums paid under a settlement agreement relating to the loss of an insured vessel.ANSWER: The Supreme Court unanimously dismisses the Insurers’ appeal and allows the Bank’s appeal, declaring that the High Court does not have jurisdiction over any of the Insurers’ claims against the Bank. Lord Hodge gives the sole judgment with which the other Justices agree.
Vijay Mallya -v- Government of India- High Court Of Justice QB- 20/04/2020 - The GoI made an extradition request in respect of the Appellant, submitted on 9 February 2017, which was certified by the Secretary of State on 16 February 2017. We consider that while the scope of the prima facie case found by the SDJ is in some respects wider than that alleged by the Respondent in India, there is a prima facie case which, in seven important respects, coincides with the allegations in India.
THE GAMBIA v. MYANMAR-ICJ 23/01/2020 - Myanmar asserts that the allegations contained in the OIC documents and statements regarding the situation of the Rohingya mentioned by The Gambia could not give rise to a dispute between the Parties as they did not amount to allegations of violations of the Genocide Convention made by The Gambia . In this regard, Myanmar asserts that the allegations contained in the OIC documents and statements regarding the situation of the Rohingya mentioned by the Gambia could not give rise to a dispute between the Parties.
Sandeep & Reena Mander -v- Royal borough of Windsor & Maidenhead, Adopt Berkshire – 6/12/2019 - The principal piece of legislation governing adoption in England & Wales is the Adoption and Children Act 2002 (“2002 Act”). Section 3 of the 2002 Act places a duty on local authorities to maintain an adoption service within their area, and sets out the minimum facilities that must be made in the provision of the service.
Constitution of Myanmar 2008 - Myanmar is a Nation with magnificent historical traditions. We, the National people, have been living in unity and oneness, setting up an independent sovereign State and standing tall with pride. Due to colonial intrusion, the Nation lost her sovereign power in 1885. The National people launched anti-colonialist struggles and National liberation struggles, with unity in strength, sacrificing lives and hence the Nation became an independent sovereign State again on 4th Januay 1948.
Constitution of Mexico-1917 - In the United Mexican States, all individuals shall be entitled to the human rights granted by this Constitution and the international treaties signed by the Mexican State, as well as to the guarantees for the protection of these rights. Such human rights shall not be restricted or suspended, except for the cases and under the conditions established by this Constitution itself.
Constitution of Palestine 2003 - The continuous attachment of the Arab Palestinian people to the land of their fathers and forefathers, on which this people has historically lived, is a fact that has been expressed in the Declaration of Independence, issued by the Palestine National Council. The strength of this attachment is confirmed by its consistency over time and place, by keeping faith with and holding onto national identity, and in the realization of wondrous accomplishments of struggle.
