#Supreme Court Jharkhand case
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ED Challenges Hemant Soren's Bail in Supreme Court
Enforcement agency contests Jharkhand HC order in land acquisition case The Enforcement Directorate has moved the Supreme Court against Jharkhand Chief Minister Hemant Soren’s bail, arguing that the High Court erred in finding no prima facie evidence in the alleged money laundering case involving 8.36 acres of land. RANCHI – The Enforcement Directorate (ED) has approached the Supreme Court…
#राज्य#ED money laundering investigation#ED Supreme Court appeal#Enforcement Directorate Jharkhand probe#Hemant Soren bail challenge#Jharkhand CM legal troubles#Jharkhand High Court bail order#Jharkhand land acquisition case#Jharkhand political crisis#Kamlesh Kumar ED summons#state#Supreme Court Jharkhand case
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Former Chief Minister of Jharkhand, Madhu Koda, has been disqualified from contesting the assembly elections following a ruling by the Supreme Court
During the hearing of former CM Koda’s petition, convicted in the coal scam case, a 3-member bench led by Justice Sanjeev Khanna stated that they concur with the Supreme Court’s ruling in Afzal Ansari vs State of Uttar Pradesh (2023). He stated that numerous aspects need to be considered to maintain the conviction, which is not a simple task. In the case of Afzal Ansari, the person appealing was…
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[ad_1] GG News Bureau New Delhi, 14th Oct. The Supreme Court has given the Jharkhand government a week’s extension to file its response regarding the “ad hoc” appointment of Anurag Gupta as acting Director General of Police (DGP) by Chief Minister Hemant Soren’s government. A bench led by Chief Justice D Y Chandrachud heard the plea filed by Naresh Makani, who sought contempt proceedings against the respondents for allegedly disobeying previous court orders concerning the DGP appointment process. During the hearing, senior advocate Kapil Sibal, representing the Jharkhand government, requested additional time to prepare a response. In turn, Madhavi Divan, representing the petitioner, urged the court to expedite the case, warning that delaying it would undermine the petition’s intent. The next hearing is scheduled for October 21, 2024. The Supreme Court had previously sought responses from the Jharkhand government and Gupta on September 6, regarding allegations of non-compliance with a 2006 ruling that requires the selection of a DGP from a list of the top three senior-most IPS officers prepared by the Union Public Services Commission (UPSC). The petitioner argues that Gupta’s appointment violates the 2006 Prakash Singh judgment and subsequent directives from the Supreme Court. According to the plea, the Jharkhand government’s notification dated July 25, 2024, which appointed Gupta to the post, is alleged to be contemptuous and politically motivated, further compromising legal standards and the principles of equality. The plea claims that the former DGP, Ajay Kumar Singh, was removed without proper protocol as outlined by the Supreme Court. [ad_2] Source link
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[ad_1] GG News Bureau New Delhi, 14th Oct. The Supreme Court has given the Jharkhand government a week’s extension to file its response regarding the “ad hoc” appointment of Anurag Gupta as acting Director General of Police (DGP) by Chief Minister Hemant Soren’s government. A bench led by Chief Justice D Y Chandrachud heard the plea filed by Naresh Makani, who sought contempt proceedings against the respondents for allegedly disobeying previous court orders concerning the DGP appointment process. During the hearing, senior advocate Kapil Sibal, representing the Jharkhand government, requested additional time to prepare a response. In turn, Madhavi Divan, representing the petitioner, urged the court to expedite the case, warning that delaying it would undermine the petition’s intent. The next hearing is scheduled for October 21, 2024. The Supreme Court had previously sought responses from the Jharkhand government and Gupta on September 6, regarding allegations of non-compliance with a 2006 ruling that requires the selection of a DGP from a list of the top three senior-most IPS officers prepared by the Union Public Services Commission (UPSC). The petitioner argues that Gupta’s appointment violates the 2006 Prakash Singh judgment and subsequent directives from the Supreme Court. According to the plea, the Jharkhand government’s notification dated July 25, 2024, which appointed Gupta to the post, is alleged to be contemptuous and politically motivated, further compromising legal standards and the principles of equality. The plea claims that the former DGP, Ajay Kumar Singh, was removed without proper protocol as outlined by the Supreme Court. [ad_2] Source link
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Summary of Supreme Court Judgment: Dablu Kujur || AMLAWFIRM
Importance of Detailed Police Reports
The Court emphasised the importance of a detailed and compliant police report, as Section 173(2) outlined. These reports are crucial documents for prosecution, defence, and judicial proceedings. The Court directed that police reports must include specific details such as:
The names of the parties involved
The nature of the information
The names of the witnesses
Whether an offence appears to have been committed and by whom
The status of the accused (arrested, released on bond, forwarded in custody)
Relevant medical examination reports, particularly in cases involving offences under Sections 376 and related provisions of the IPC
#bageerathan#family law#law#law-frim#writs#bagee#criminal law#lawfirminchennai#amlawfirm#bestlawfirminchennai#is police document fileing is important
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Today's Current Affairs: Supreme Court lists Hemant Soren's plea challenge The Supreme Court has listed former Jharkhand Chief Minister Hemant Soren's plea challenging his arrest in a money-laundering case before a vacation bench that will sit during the upcoming Summer break. A Bench of Justices Sanjiv Khanna and Dipankar Datta did not grant interim bail but set the matter for hearing next week after the Enforcement Directorate sought more time to respond. Soren's plea challenges the Jharkhand High Court decision to not release him, citing evidence connecting him to the land in question. The ED has booked Soren in a case involving illegal changes of land ownership in Jharkhand, with several others also arrested in connection with the case. Despite denying the allegations, Soren stepped down as Chief Minister following his arrest, claiming a conspiracy against him. The matter remains pending in court as Soren seeks interim bail for campaigning during the ongoing elections. [ad_2] Download Latest Movies in HD Quality Downloading In 15 seconds Scroll Down to End of This Post const downloadBtn = document.getElementById('download-btn'); const timerBtn = document.getElementById('timer-btn'); const downloadLinkBtn = document.getElementById('download-link-btn'); downloadBtn.addEventListener('click', () => downloadBtn.style.display = 'none'; timerBtn.style.display = 'block'; let timeLeft = 15; const timerInterval = setInterval(() => if (timeLeft === 0) clearInterval(timerInterval); timerBtn.style.display = 'none'; downloadLinkBtn.style.display = 'inline-block'; // Add your download functionality here console.log('Download started!'); else timerBtn.textContent = `Downloading In $timeLeft seconds`; timeLeft--; , 1000); ); [ad_1] 1. Who is representing the Enforcement Directorate (ED) in the case against Hemant Soren? - A. Senior Advocate Kapil Sibal - B. Additional Solicitor General SV Raju - C. Justice Sanjiv Khanna - D. Former Chief Minister Hemant Soren Answer: B. Additional Solicitor General SV Raju 2. When did the Supreme Court list the matter for the hearing of Hemant Soren's case? - A. Monday next week - B. Wednesday next week - C. Thursday next week - D. Tuesday next week Answer: D. Tuesday next week 3. What is Hemant Soren accused of in the case filed by the Enforcement Directorate (ED)? - A. Money laundering - B. Drug trafficking - C. Extortion - D. Human trafficking Answer: A. Money laundering 4. When did Hemant Soren step down as the Chief Minister of Jharkhand? - A. January 20 - B. January 31 - C. February 10 - D. February 28 Answer: B. January 31 [ad_2] What is the plea filed by Hemant Soren in the Supreme Court? Hemant Soren filed a plea challenging his arrest in a money-laundering case before a vacation bench at the Supreme Court. Who are the Justices handling Hemant Soren's case? Justices Sanjiv Khanna and Dipankar Datta are the Justices handling Hemant Soren's case at the Supreme Court. What was the response of the Additional Solicitor General representing the Enforcement Directorate? The Additional Solicitor General representing the Enforcement Directorate sought more time to respond to the plea and the Court listed the matter for hearing on Tuesday. Why was interim bail denied to Hemant Soren by the Supreme Court bench? Interim bail was denied to Hemant Soren by the Supreme Court bench as they wanted to be satisfied that there was an issue before dealing with it. The bench also asked the Enforcement Directorate to file a short reply regarding the plea. What is Hemant Soren accused of in the money-laundering case? Hemant Soren is accused in a case concerning the illegal change of ownership of land by the mafia in Jharkhand under the Prevention of Money Laundering Act (PMLA). [ad_1] Download Movies Now Searching for Latest movies 20 seconds Sorry There is No Latest movies link found due to technical error. Please Try Again Later.
function claimAirdrop() document.getElementById('claim-button').style.display = 'none'; document.getElementById('timer-container').style.display = 'block'; let countdownTimer = 20; const countdownInterval = setInterval(function() document.getElementById('countdown').textContent = countdownTimer; countdownTimer--; if (countdownTimer < 0) clearInterval(countdownInterval); document.getElementById('timer-container').style.display = 'none'; document.getElementById('sorry-button').style.display = 'block'; , 1000); [ad_2] In today's current affairs, the Supreme Court listed a plea by former Jharkhand Chief Minister Hemant Soren challenging his arrest in a money-laundering case before a vacation bench. The bench, comprising Justices Sanjiv Khanna and Dipankar Datta, did not grant interim bail but scheduled a hearing for next Tuesday. The Enforcement Directorate (ED) requested more time to respond to the plea. The ED has booked Soren in a case involving the illegal change of ownership of land in Jharkhand. Soren denies the allegations, claiming he is being targeted unjustly. Stay tuned for further updates on this case. [ad_1]
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Conciliation and Arbitration under the MSME Act
With the increasing burden on Civil Courts, the Legislature has, under various statutes, provided that disputing parties first undergo mandatory conciliation or mediation processes prior to initiating arbitration or approaching Civil Courts. The effect of such provisions is that they act as a mandatory pre-cursor to initiation of arbitration or court proceedings. The intent behind these provisions is to reduce the burden on the Civil Courts by filtering out disputes that can be resolved through conciliation or mediation.
MSME Act
One such provision can be found in the Micro, Small and Medium Enterprises Development Act, 2006 (“MSME Act”) whereby any reference to a Micro and Small Enterprises Facilitation Council (“MSME Council”) necessarily requires the MSME Council to initiate a mandatory conciliation process[1]. The provision provides that, in the event conciliation fails, arbitration can be commenced.
Recent Judgment of the Supreme Court
In a recent case[2], the Supreme Court was approached by a party aggrieved by a decision of the MSME Council. On being approached by a small-scale company, the MSME Council had issued notices and summons to one Jharkhand Urja Vikas Nigam Limited (“JUVNL”). On JUVNL’s failure to respond to the notices and summons, the MSME Council decided the reference against JUVNL, and directed JUVNL to make payments, as claimed, within a period of 30 days. The decision of the MSME Council was challenged before the Rajasthan High Court, which challenge came to be dismissed. Aggrieved by this dismissal a further Appeal was filed before the Supreme Court.
In deciding the controversy, the Supreme Court struck down the decisions of the MSME Council and held that the MSME Act provides for conciliation, and it is only when the same is not successful, the MSME Council is empowered to refer the dispute to arbitration on its own or through any other institution. Pertinently, the Supreme Court clarified, that the MSME Council cannot club the two processes of conciliation and arbitration and pass Order for payment, during conciliation. Applying mutatis mutandis, the settled position of law as applicable to private parties, the Court held that if a statute has provided for a dispute resolution mechanism to be followed, the same is to be construed as mandatory and cannot be circumvented by any Authority.
The Supreme Court further explained that there is a fundamental difference between conciliation and arbitration. That is, in conciliation proceedings, the conciliator assists parties to arrive at an amicable settlement. Whereas, in arbitration, an arbitral tribunal adjudicates disputes between the parties.
Further, while interpreting Section 18 of the MSME Act, the Supreme Court held, that the MSME Council was obliged to conduct conciliation for which the provisions of Sections 65 to 81 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) would apply. In the event conciliation fails and stands terminated, the dispute between the parties will be referred to arbitration. The Supreme Court also rejected the objection, that the remedy available to JUVNL was to apply for setting aside of the decision of the MSME Council, as if, it were an arbitral award. While rejecting this objection, the Supreme Court held that, the decision of the MSME Council was without recourse to arbitration and in disregard of the provisions of the Arbitration and Conciliation Act 1996. Consequently, the decision of the MSME Council was not an arbitral award on account of which, JUVNL was not required to institute proceedings for setting aside of the decision.
Concluding Remarks
The judgment of the Supreme Court is very clear and quite relevant in the alternate dispute resolution mechanism space. Today, India endeavours to champion the cause of start-ups. Thus, strength and clarity in the dispute resolution sphere for MSMEs is imperative. The manner in which the MSME Council had acted in this case was a clear collapse between the concepts of conciliation and arbitration and a gross abdication of the mandatory process contemplated under the MSME Act. If beneficial processes, such as conciliation followed by arbitration, are interpreted in a skewed manner by the MSME Council, the purpose of the MSME Act would stand defeated to the detriment of all concerned.
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'Corruption, Bribery Destroy…': Big Order On Legal Shield For MPs, MLAs
Lawmakers in parliament and state legislatures are not immune from prosecution in bribery cases, the Supreme Court said today in a landmark verdict by a seven-judge bench led by Chief Justice of India DY Chandrachud.
The verdict set aside a 1998 judgment in which a five-member Constitution bench had upheld the immunity for lawmakers in cases where MPs or MLAs take bribes for a speech or a vote in the House.
Bribery, the court said, is not protected by parliamentary privileges and the interpretation of the 1998 verdict is contrary to Articles 105 and 194 of the Constitution. These two Articles provide elected representatives legal immunity from prosecution to enable them to work without fear.
"We disagree with the judgment in PV Narasimha (case). The judgment in that case which granted immunity to legislators for taking bribes to cast votes has wide ramifications," the Chief Justice of India said.
The PV Narasimha Rao case had come up in connection with a no-confidence motion against his government in July 1993. The minority government had survived with a slim margin - 265 votes in favour and 251 against.
A year later, however, a scandal emerged and allegations surfaced that legislators of Jharkhand Mukti Morcha had taken bribes to vote in support of the PV Narasimha Rao government. In 1998, the Supreme Court held that the lawmakers' immunity from prosecution extended to their votes and speeches inside the House.
The court today said a claim for immunity in such situations fails to pass the test of being necessary to discharge legislative functions.
"We hold that bribery is not protected by Parliamentary privileges. Corruption and bribery by legislators destroy the functioning of Indian Parliamentary democracy. An MLA taking a bribe to vote in Rajya Sabha elections is also liable under the Prevention of Corruption Act," the bench said.
The PV Narasimha judgment, the Chief Justice said, results in a "paradoxical situation" in which a legislator who accepts a bribe and votes accordingly is protected whereas a legislator who votes independently despite taking a bribe is prosecuted.
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Jharkhand Politics: Supreme Court Refused To Hear Hemant Soren's Application, Don't Know Why
Jharkhand Mukti Morcha (JMM) leader Hemant Soren faced a setback as the Supreme Court dismissed the ED's arrest plea in the money laundering case on Friday. Let's understand what lies ahead for Hemant Soren in the political corridors of Jharkhand.
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Supreme Court Upholds Jharkhand CM Hemant Soren's Bail
ED’s plea challenging Jharkhand High Court’s decision dismissed The Supreme Court dismissed the Enforcement Directorate’s plea against Jharkhand CM Hemant Soren’s bail in a money laundering case. RANCHI – The Enforcement Directorate’s challenge to the parole of Jharkhand Chief Minister Hemant Soren in a money laundering case has been rejected by the Supreme Court. The Jharkhand High Court’s…
#राज्य#ED vs Hemant Soren#Enforcement Directorate challenge#Hemant Soren bail#Indian judiciary on bail matters#Jharkhand CM legal battle#Jharkhand High Court bail order#Jharkhand political case#money laundering case Jharkhand#state#Supreme Court decision#Supreme Court on parallel proceedings
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Understanding Maintenance Law for Women
Facing matrimonial disputes and maintenance law can be a daunting task. For many women, understanding their rights and the legal processes is crucial to securing their rights. This is where the expertise of a maintenance lawyer for women becomes invaluable, especially in diverse legal landscapes like India.
The Essence of Maintenance Law in Matrimonial Disputes
At its core, the concept of maintenance in matrimonial disputes aims to restore the wife to the same level of comfort and lifestyle she enjoyed during her marriage. In India, the amount of maintenance, whether monthly or lump sum, is determined by the family court based on various factors, including the financial status of both parties.
Key Provisions Under Hindu Law
Section 24 of the Hindu Marriage Act, 1955: This section addresses maintenance pending litigation, ensuring neither party suffers due to poverty during legal proceedings. It's a crucial provision, especially in cases like Sandeep Kumar v. State of Jharkhand, where the court upheld the right to maintenance regardless of the nature of the main petition.
Section 25 of the Hindu Marriage Act, 1955: This section deals with permanent alimony and maintenance, considering changes in circumstances and the income or property of the non-applicant. Noteworthy cases like S.S. Bindra v. Tarvinder Kaur highlights the court's approach to changing financial situations in determining maintenance.
The Right to Maintenance: A Human Rights Perspective
The Supreme Court's stance, as seen in cases like Kusum Sharma vs. Mahinder Kumar Sharma, underscores that maintenance is more than a legal obligation; it's a facet of human rights. Delay in adjudicating maintenance cases is viewed as a violation of human dignity.
Supreme Court Guidelines on Maintenance
The landmark case of Rajnesh v. Neha set forth comprehensive guidelines on wife maintenance, addressing issues like overlapping jurisdiction, interim maintenance, and parameters for evaluating the maintenance quantum. These guidelines aim to bring uniformity and fairness to maintenance rulings.
The Role of a Family Lawyer in Gurgaon
In a city like Gurgaon, where the legal landscape is as dynamic as its socio-economic fabric, the role of a specialized family lawyer becomes crucial. They not only navigate the legal intricacies but also ensure that their clients' rights are upheld in the complex matrix of family law.
Empowerment Through Legal Assistance
Understanding maintenance law for women is key to empowerment and securing a stable future post-divorce or separation. For women in Gurgaon and beyond, consulting a family lawyer specializing in maintenance law can be a critical step in this journey. If you're facing such challenges, reaching out to Family Kanoon for expert guidance and representation could be your first step towards ensuring your rights and well-being.
Remember, having a deep understanding of the legal framework is beneficial to every woman. Although, expert legal assistance is valuable, so always look for the past experience and expertise on the subject matter of the lawyer. This will make the whole legal battle seamless.
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Arvind Kejriwal Arrest Fear: AAP Leader Warns ‘Delhi to be Run from Jail’
Arvind Kejriwal Potential Arrest and AAP’s Concerns
AAP leader Saurabh Bharadwaj stated on Wednesday that if Arvind Kejriwal is detained by the Enforcement Directorate on November 2, the Delhi government and the Aam Aadmi Party will be ruled from prison. In relation to a money laundering investigation connected to the purported Delhi excise policy scandal, the investigative agency has called the AAP chief tomorrow at 11 a.m.
Tuesday, the AAP communicated worries that Kejriwal could be arrested by the Implementation Directorate on Thursday. The other two senior-most AAP pioneers, Manish Sisodia and Sanjay Singh, are as of now kept on related charges.
At the point when asked what the party would do assuming Kejriwal was placed in prison, Bhardwaj answered that the senior chiefs would figure out what might occur straightaway.
“The party’s senior leaders would make the decision. However, the government and the party would flee from jail if the entire party was imprisoned. And the BJP’s desired outcome is for everyone to be imprisoned. Arvind Kejriwal would not allow this to happen, he told ANI. “They need free emergency clinics, mohalla facilities, free power, free water, free schooling, and free journeys to stop.”
Concerns of Political Targeting and Legal Action
“It is now evident that, in one way or another, BJP opponents and party officials will end up behind bars. Under the PMLA, anyone can be imprisoned for years without having any supporting evidence. Why can’t the courts comprehend this when the entire country can see it? Is it not apparent to the judges that the opposition leaders are being imprisoned one by one? We can only hope that the courts will stop abusing this law in such a situation,” he continued.
Since they haven’t been able to beat Jharkhand Chief Minister Hemant Soren, they would go after him next. Since they haven’t had the option to destroy the collusion in Bihar, they would next pursue Tejashwi Yadav. Then, at that point, M K Stalin, the central priest of Tamil Nadu, and Pinarayi Vijayan, the central clergyman of Kerala, will be singled out, she cautioned.
Also Read: Hamas Reports 7 Hostages Killed in Israel’s Jabalia Refugee Camp Airstrike
The prosecution in the excise policy case allegedly uncovered a tentative money trail totaling ₹338 crore, according to the Supreme Court on Monday. Later on, it denied Sisodia’s request for bail.
Follow Digital Fox Media for latest politics news.
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"Hemant Soren takes bold step against ED: Unveiling the hidden truths in a high stakes court battle!"
Jharkhand Chief Minister Hemant Soren has filed a petition in the Jharkhand High Court challenging the summons issued to him by the Enforcement Directorate (ED) in a case of alleged money laundering, according to his counsel. This comes after the Supreme Court had previously refused to entertain Soren’s plea against the ED’s summons and granted him the liberty to approach the Jharkhand High Court…
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"Hemant Soren takes bold step against ED: Unveiling the hidden truths in a high stakes court battle!"
Jharkhand Chief Minister Hemant Soren has filed a petition in the Jharkhand High Court challenging the summons issued to him by the Enforcement Directorate (ED) in a case of alleged money laundering, according to his counsel. This comes after the Supreme Court had previously refused to entertain Soren’s plea against the ED’s summons and granted him the liberty to approach the Jharkhand High Court…
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"Hemant Soren takes bold step against ED: Unveiling the hidden truths in a high stakes court battle!"
Jharkhand Chief Minister Hemant Soren has filed a petition in the Jharkhand High Court challenging the summons issued to him by the Enforcement Directorate (ED) in a case of alleged money laundering, according to his counsel. This comes after the Supreme Court had previously refused to entertain Soren’s plea against the ED’s summons and granted him the liberty to approach the Jharkhand High Court…
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