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SangsLegal News The Supreme Court expresses concern over the appointment of judicial officers as legal advisors by the DDA..


The Supreme Court expressed its dismay over the practice of Delhi Development Authority appointing in-service Judicial Officers from the Delhi Higher Judicial Service as its legal advisors. The Court noted that this practice undermines judicial independence and the Doctrine of separation of powers. The Court directed the DDA to cease this practice and requested the Delhi High Court to investigate the matter and take necessary action.

( Case Detailed : Bindu Kapurea v. Subhasish Panda Dairy No. 21171-2024, In Re Subhasish Panda Vice Chairman DDA SMC(Crl) No. 2/2024)

SangsLegal News An accused cannot request the transfer of a case for the offense of dishonour of a cheque under Section 138 of the Negotiable Instruments Act 1881:Supreme court


The Supreme Court recently held that an accused cannot request the transfer of a case concerning the dishonour of a cheque under Section 138 of the Negotiable Instruments Act 1881. The Court also noted that the petitioner has the option to seek exemption from appearing in person before the relevant Court.

(Case Details: KASTHURIPANDIAN S VS. RBL BANK LIMITED DIARY NO. - 23680/2024)

SangsLegal News The Public Examinations (Prevention of Unfair Means) Act, 2024 will be enforced starting from June 21


The Union Government has announced that the Public Examinations (Prevention of Unfair Means) Act, 2024 will be enforced starting from June 21.
This Act outlines penalties for actions such as leaking question papers or answer keys, assisting candidates in unauthorized ways during public examinations, and tampering with computer networks or resources. Both individuals and institutions found engaging in such activities will be subject to punishment.
Those found guilty of using unfair means or committing offenses under the Act may face imprisonment for a period ranging from three to five years, along with a fine of up to ₹10 lakh.

SangsLegal News A transfer order for a state employee made in the public interest upon the request of a public representative,such as an MLA, is not inherently invalid: Supreme Court


 
The Supreme Court has observed that it is not permissible for the court to interfere with a transfer order issued to a state employee in a transferrable position, so long as there is no violation of statutory provisions. The decision overturned the Division Bench of the High Court, instead agreeing with the Single Judge's findings. The Court emphasized that a transfer order for a state employee made in the public interest upon the request of a public representative, such as an MLA, is not inherently invalid unless it is done in malicious intent or infringes upon statutory provisions.

SangsLegal News An accused's claim of plea of alibi can be considered as a valid defense only after the prosecution successfully proves its case: Kerala High Court


 
The Kerala High Court clarified that an accused's claim of plea of alibi can be considered as a valid defense only after the prosecution successfully proves its case. The court emphasized that once the prosecution establishes the accused's presence at the crime scene, the defense must then provide substantial evidence to demonstrate their absence from the scene and presence elsewhere