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Supreme Court directs banks to grant opportunity of hearing to borrowers before classifying their accounts as fraud

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The Supreme Court on Monday ruled that borrowers had the right to be heard before their accounts were classified as fraud by the banks.  Upholding the Telangana High Court of December, 2020, the Bench of Chief Justice of India (CJI) D.Y. Chandrachud and Justice Hima Kohli observed that it was important to grant the opportunity of hearing to the borrowers under the Master Directions on Fraud, since the classification of accounts as fraud resulted in serious civil consequences for borrowers, apart from their blacklisting.  It said the principles of “audi alterm partem” or natural justice must be followed and read into the Master Circular issued by the Reserve Bank of India on classification of bank accounts as fraud, adding that such a decision should be made by a reasoned order.  While setting aside the Gujarat High Court on the matter, the top court of the country ruled that it cannot be presumed that the Master Circular excluded the principles of natural justice. Th...

Plea in Apex Court to declare Ram Setu as a National Monument, and to erect walls to enable its darshan for Moksha

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The Supreme Court of Indiahas recievd a plea seeking construction of a wall at the Ram Setu site ‘in the sea’ for some kms to enable its ‘Darshan’ by all living creatures of God on the ground that its darshan guarantees Moksha. The plea, is filed in form of a writ petition under Article 32 of the Constitution of India through Lucknow-based advocate Ashok Pandey,. The plea also prays to declare Ram Setu as a national monument as defined in the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The plea states that not enabling the same for the Darshan of Ram Setu, the government is violating the fundamental rights guaranteed by articles 14, 21, and 25 of the constitution. The Plea also states that starting Darshan and Pooja at the site is necessary so that no devil will dare to plan its destruction. Ram Setu is a bridge that is a chain of limestone shoals, off the south-eastern coast of Tamil Nadu. It runs from Pamban Island near Rameshwaram in South India to Mannar...

Justice Pritinker Diwaker sworn in as new Chief Justice of Allahabad High Court

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Justice Pritinker Diwaker was sworn in as the new Chief Justice of the Allahabad High Court on Sunday. He was administered the oath of office by Uttar Pradesh Governor Anandiben Patel. The swearing-in ceremony took place at 11:00 am in the Chief Justice’s court in the presence of Minister Suresh Khanna, Chief Secretary Uttar Pradesh, Advocate General Ajay Mishra, Additional Advocate General MC Chaturvedi, Neeraj Tripathi, Manish Goel, and judicial officers, besides other senior and junior lawyers. Justices of Allahabad and Lucknow benches were also present in the swearing-in ceremony including the family members and relatives of the Chief Justice and working judges of Madhya Pradesh. The ceremony was followed by a photo session with the Governor. Justice Diwaker graduated from the Durgawati University Jabalpur and was enrolled as an advocate in 1984. He started his law practice in the Chhattisgarh High Court and was designated as Senior Advocate in 2005. He also became a member ...

Justice Pritinker Diwaker sworn in as new Chief Justice of Allahabad High Court

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Justice Pritinker Diwaker was sworn in as the new Chief Justice of the Allahabad High Court on Sunday. He was administered the oath of office by Uttar Pradesh Governor Anandiben Patel. The swearing-in ceremony took place at 11:00 am in the Chief Justice’s court in the presence of Minister Suresh Khanna, Chief Secretary Uttar Pradesh, Advocate General Ajay Mishra, Additional Advocate General MC Chaturvedi, Neeraj Tripathi, Manish Goel, and judicial officers, besides other senior and junior lawyers. Justices of Allahabad and Lucknow benches were also present in the swearing-in ceremony including the family members and relatives of the Chief Justice and working judges of Madhya Pradesh. The ceremony was followed by a photo session with the Governor. Justice Diwaker graduated from the Durgawati University Jabalpur and was enrolled as an advocate in 1984. He started his law practice in the Chhattisgarh High Court and was designated as Senior Advocate in 2005. He also became a member ...

Law Minister Kiren Rijiju inaugurates Chief Judicial Magistrate Court in Madurai, Tamil Nadu

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Law Minister Kiren Rijiju on Saturday inaugurated the Chief Judicial Magistrate Court in Tamil Nadu. The ceremony was attended by Chief Justice of India (CJI) D.Y. Chandrachud, Supreme Court Judges Justice V. Ramasubramanian and Justice M.M. Sundaresh, Chief Minister M.K. Stalin and Acting Chief Justice of Madras High Court Justice T. Raja.  The CJI, on the occasion, laid the foundation stone for additional court buildings in the District Court campus at Madurai. State Minister of Law S. Regupathy; Minister of Finance, Planning, Human Resource Management Dr. Palanivel Thiaga Rajan; Minister of Commercial Taxes P Moorthy and Chief Secretary Idai Anbu, among others, were present on the occasion. The post Law Minister Kiren Rijiju inaugurates Chief Judicial Magistrate Court in Madurai, Tamil Nadu appeared first on India Legal . from Top News of the Day – India Legal https://ift.tt/KDkVr6F

Madhya Pradesh High Court initiates suo motu PIL over strike by lawyers

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The Madhya Pradesh High Court at Jabalpur has initiated Suo Motu Public Interest Litigation after the Chairman of the State Bar Council of Madhya Pradesh has asked the Advocates to abstain from court work from 23rd March. Division Bench consisting of Chief Justice Ravi Malimath and Justice Vishal Mishra observed that we are of the considered view that the duty of a lawyer is to uphold the rule of law. It is he, who fights for the legal rights of a litigant. There are almost 20 Lakh cases pending in the district court judiciary and more than 4 Lakh cases pending in the High Court. Every effort is being made by the Hon’ble High Court to reduce the pendency. The action of the respondent No.1 (Chairman, State Bar Council of MP) seeking to abstain from court work is opposed to the well established principles of the legal profession. The respondent No.1 (Chairman, State Bar Council of MP) cannot call for an illegal act to be done. Background of the Case A large number of Advocates of M...

Malayalam actor sexual assault case will be completed expeditiously: Supreme Court

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The Supreme Court has said that the ongoing trial in the 2017 Malayalam actor sexual assault case will be completed expeditiously. A Bench comprising of Justice Dinesh Maheshwari and Justice Sanjay Kumar have expressed their hope while going through the report of the Trial Judge’s report on the progress of the Trial so far in line with the Court’s earlier directions. It also directed the Trial Judge to send a further progress report regarding the Trial before May 8, the next date of hearing. The order recorded that taking note of the report sent by the learned Trial Judge dealing with the trial and the overall circumstances, these matters stand deferred today, while expecting expeditious proceedings. The order stated to list these matters on 08.05.2023. We would expect the learned Trial Judge to send further progress report before the next date. The Court had refused to pass any order to interfere with the examination of witnesses in the ongoing trial before the Court at Ernakula...