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27 February 2018
In Nikesh Tarachand Shah v Union of India(1) the issue was whether Section 45 of the Prevention of Money Laundering Act 2002, on the grant of bail, violates the right to equality and right to life. The court noted that Section 45(1) imposes the following further conditions for release on bail:
The court held that Section 45(1) was unconstitutional insofar as it imposes the two further conditions for release on bail, and therefore violates the right to equality and the right to life under the Constitution.
In Parbatbhai Aahir v State of Gujarat(2) the issue was whether the high court should quash criminal proceedings under Section 482 of the Code of Criminal Procedure on the grounds that the parties had reached a settlement. The court reiterated certain principles for the exercise of powers under the provision, including that:
In Rajesh Sharma v State of UP(3) the Supreme Court issued certain guidelines in order to prevent the misuse of Section 498A of the Penal Code concerning a "[h]usband or relative of husband of a woman subjecting her to cruelty". Among other things, the guidelines postpone the time of arrest in such cases until the report from the constituted committees is received by the investigating officer or magistrate. However, this approach is under consideration by a three-judge bench of the Supreme Court in Nyayadhar v Union of India Ministry of Home Affairs (Writ Petition (Criminal)156/2017, October 13 2017).
For further information on this topic please contact Ajit Warrier at Shardul Amarchand Mangaldas & Co by telephone (+91 11 4159 0700) or email (email@example.com). The Shardul Amarchand Mangaldas & Co website can be accessed at www.amsshardul.com.
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