NCLAT: Consideration of Debt Restructuring by Lenders Doesn’t Bar Member from Initiating Proceedings || Delhi High Court: In Matters of Medical Evaluation, Courts Should Exercise Restraint || Delhi HC: Any Person in India Has Right to Legally Import Goods from Abroad and Sell the Same || Delhi HC: Waiver to Section 12(5) of Arbitration Act to be Given Once Tribunal is Constituted || Supreme Court Has Asked States to Regularise Existing Court Managers || SC: Union & States to Create Special POSCO Courts on Top Priority || SC Upholds Authority of CERC to Award Compensation for Delays || SC: Arbitral Tribunal Has Discretion to Include in Sum Awarded, Interest at Rate as it Deems Reasonab || SC: Cannot Use Article 142 to Frame Guidelines on Judicial Recusal || SC: Satisfaction Recorder in One EP Won’t Affect Subsequent EPs for Future Breaches

SC: Section 43D (5) UAPA Act Does Not Oust Ability of Constitutional Courts to Grant Bail - (02 Feb 2021)

CRIMINAL

Supreme Court has held that Section 43¬D (5) of Unlawful Activities (Prevention) Act, 1967 (UAPA Act) per¬ se does not oust the ability of Constitutional Courts to grant bail on ground of violation of Fundamental Right to Speedy Trial. The Court has also observed that the rigours of the provision will melt down where there is no likelihood of trial being completed within a reasonable time and the period of incarceration already undergone has exceeded a substantial part of the prescribed sentence

Tags : SUPREME COURT ABILITY OF CONSTITUTIONAL COURTS TO GRANT BAIL

Share :