SC Issues Notice On Plea Seeking Clarification On The Issue Of Applicability Of Extended Limitation Period On Section 167(2) CRPC
4 years, 9 months ago

SC Issues Notice On Plea Seeking Clarification On The Issue Of Applicability Of Extended Limitation Period On Section 167(2) CRPC

Live Law  

The Supreme Court on Monday issued notice on an an application seeking a clarification that the earlier order of top court extending the limitation period with effect from March 15 does not cover the time limit prescribed under Section 167 of the Code of Criminal Procedure for grant of bail.A bench of Chief Justice SA Bobde, Justices AS Bopanna & Hrishikesh Roy deliberated on whether. The Supreme Court on Monday issued notice on an an application seeking a clarification that the earlier order of top court extending the limitation period with effect from March 15 does not cover the time limit prescribed under Section 167 of the Code of Criminal Procedure for grant of bail. The plea contends, "In the event the non applicability is not clarified the divergent interpretation by the subordinate courts would result as a order of detention against the remand prisoners, thereby violate their Fundamental Right under Article 14 and 21 of the Constitution of India" Further, the applicant prays that the "confusion" and "uncertainty" regarding applicability of the March 23 order to Section 167 of the Cr.P.C is affecting a large number of prisoners as they have not been released by the magistrates as per the mandate of the law. No Magistrate can however authorise the detention of the accused person in custody beyond this period, he has no other option but to release the accused on bail even without an application if he is prepared to and does furnish bail"- Excerpt of Plea On May 6, extended the limitation period for statutory provisions under Section 138 of the Negotiable Instruments Act & the Arbitration & Conciliation Act with effect from March 15 until further orders.

Court Bail Application Order Limitation High Period Issue Bench Plea Further Orders  issue  plea  notice  court  effect  application  1672  crpc  limitation  high  passed  bail  seeking  issues  extended  order  period  sc

History of this topic

Madras HC Rejects Plea Challenging Constitutional Validity Of S.13 Family Courts Act Which Restricts Representation Of Party By Lawyer
5 days, 8 hours ago

Madras HC Rejects Plea Challenging Constitutional Validity Of S.13 Family Courts Act Which Restricts Representation Of Party By Lawyer

Live Law  

The Madras High Court recently dismissed a petition challenging the constitutional validity of Section 13 of the Family Courts Act. It was submitted that Section 13 read with the Family Courts Rules 1996 notified by the Madras High Court provided permission for representation by a lawyer. The court, however, rejected this argument and noted that the said ground of discrimination …

S.239 CrPC | Accused Can Be Discharged When Prosecution Materials Even If Unrebutted Don't Indicate Culpability: Orissa High Court
5 days, 16 hours ago

S.239 CrPC | Accused Can Be Discharged When Prosecution Materials Even If Unrebutted Don't Indicate Culpability: Orissa High Court

Live Law  

The Orissa High Court has reiterated that an accused should be discharged when the materials produced at the time of consideration for framing of charge are of such a nature that if remain unrebutted, those would not indicate culpability of the accused whatsoever. When the materials at the time of consideration for framing the charge are of such a nature …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025
1 week, 2 days ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025

Live Law  

Supreme Court: S.156 CrPC v S.175 BNSS | BNSS Mandates Magistrate To Hear Police Officer On Refusal To Register FIR, Ensures Reasoned Order: Supreme Court Case Title: OM PRAKASH AMBADKAR VERSUS THE STATE OF MAHARASHTRA & ORS. Kerala High Court: S.187 BNSS | Default Bail Can Be Granted After 60 Days For Offence Punishable With Imprisonment Which May Extend To …

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal
1 week, 4 days ago

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal

Live Law  

" This we need to keep in mind that the statement of the witnesses recorded in course of the investigation under Section 161 of the Code of Criminal Procedure cannot be a basis to convict the accused and that too for a serious offence of murder. Upholding a 1991 acquittal order of the sessions court, the Rajasthan High Court said …

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail
2 weeks, 1 day ago

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail

Live Law  

Observing that the case shows "distressing picture of the criminal justice system's failure", the Punjab & Haryana High Court has set aside condition to pay Rs.1.10 crore in bail bond for granting default bail to an accused in Tax Fraud case. It further said that the failure to release the petitioner under Section 479 BNSS, when his right to default …

When Can Criminal Trial Be Transferred From One State Under S.406 CrPC? Supreme Court Explains
2 weeks, 2 days ago

When Can Criminal Trial Be Transferred From One State Under S.406 CrPC? Supreme Court Explains

Live Law  

While observing today that mere inconvenience faced by the accused to appear for a trial cannot be ground to transfer proceedings under Section 406 of the Criminal Procedure Code, the Supreme Court stated that an order of the transfer of the trial cannot be passed as a matter of routine. "Thus, although no rigid and inflexible rule or test could …

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs
3 weeks, 2 days ago

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs

The Hindu  

The High Court of Karnataka on Thursday asked the State government to respond to a PIL petition, which has questioned the legality of the Government Order issued in October 2024 for withdrawing 43 criminal cases, in which former Ministers, former MLAs, and persons belonging to influential organisations were arraigned as accused persons. Serious charges The serious charges under the provisions …

S.482 CrPC | Criminal Proceedings Can Be Quashed Based On Witness Statements Only In Rare Circumstances To Avoid Injustice: Karnataka HC
1 month, 2 weeks ago

S.482 CrPC | Criminal Proceedings Can Be Quashed Based On Witness Statements Only In Rare Circumstances To Avoid Injustice: Karnataka HC

Live Law  

“ Such consideration of quashment of the proceedings, relying on the statement under Section 161 of the Cr.P.C. A single judge bench Justice M Nagaprasanna, which obliterated the cognizance order taken by Magistrate and remitted the matter back for fresh consideration said, The Karnataka High Court on Friday, while refusing to quash the proceeding initiated against former Chief Minister B …

Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court
1 month, 3 weeks ago

Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court

Live Law  

the Courts while exercising its discretion at the time of passing the appropriate sentence in a given case, is entitled to use its discretionary power in awarding imprisonment or fine or with both. The Karnataka High Court recently observed that an accused who has suffered an order of conviction in a prosecution under Section 138 of the Negotiable Instruments Act …

Allahabad High Court Weekly Round-Up: January 20 To January 26, 2025
1 month, 3 weeks ago

Allahabad High Court Weekly Round-Up: January 20 To January 26, 2025

Live Law  

NOMINAL INDEX Neeraj Kumar v. Smt. and Another 2025 LiveLaw 34 Jagriti And 2 Others vs. State Of Up And 6 Others 2025 LiveLaw 35 Shubhra Rai vs. State Of Up And 3 Others 2025 LiveLaw 36 Raj Pal Singh Dishwar vs. State Of Up And 3 Others 2025 LiveLaw 37 ORDERS/JUDGMENTS OF THE WEEK Refusal Of Husband To Lead …

Supreme Court Annual Digest 2024: Prevention of Money Laundering Act, 2002
1 month, 3 weeks ago

Supreme Court Annual Digest 2024: Prevention of Money Laundering Act, 2002

Live Law  

Whether the High Court was justified in quashing the summons issued to the respondent merely on the premise that the respondent was discharged in the predicate offence. Tarsem Lal v. Directorate of Enforcement, 2024 LiveLaw 383 : AIR 2024 SC 2512 : 7 SCC 61 : 2024 Cri LJ 2705 After a summons is issued under Section 204 of the …

Delay Beyond 15 Days In Filing Appeal Cannot Be Condoned As Per Proviso To Section 61(2) Of IBC: NCLAT
1 month, 3 weeks ago

Delay Beyond 15 Days In Filing Appeal Cannot Be Condoned As Per Proviso To Section 61(2) Of IBC: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan, Mr. Barun Mita and Mr. Arun Baroka has held that delay in filing an appeal beyond 15 days as per section 61 proviso of the Insolvency and Bankruptcy Code cannot be condoned. The appellant submitted that the appeal has been filed within a period of limitation that is within 45 days …

Supreme Court Imposes Rs 2 Lakh Cost On Petitioner Over Repeated Bail Applications, Asks Police To Arrest Him
1 month, 3 weeks ago

Supreme Court Imposes Rs 2 Lakh Cost On Petitioner Over Repeated Bail Applications, Asks Police To Arrest Him

Live Law  

The Supreme Court recently imposed costs of Rupees Two Lakhs on a petitioner who intended "to take undue advantage of procedural law" after he withdrew his anticipatory bail application twice before the High Court before moving the Apex Court. The bench noted that before the High Court the accused had withdrawn his application on Septem 30, 2024 on seeing the …

S. 205 CrPC | No Strict Bar For Dispensation Of Personal Attendance Of Accused In Cases Under SC/ST Act: Orissa High Court
2 months ago

S. 205 CrPC | No Strict Bar For Dispensation Of Personal Attendance Of Accused In Cases Under SC/ST Act: Orissa High Court

Live Law  

The Orissa High Court has recently clarified that there is no strict statutory embargo barring dispensation of personal attendance of accused under Section 205 of the CrPC in cases involving offences under the Scheduled Caste and Scheduled Tribe Act. While setting aside a trial Court order disallowing application of the appellants seeking dispensation of personal appearance, the Single Bench of …

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial
2 months, 1 week ago

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial

Live Law  

The question whether sanction for prosecution under the Prevention of Corruption Act, 1988 was granted by a competent authority is a matter of evidence, observed the Supreme Court, while setting aside an order of the High Court which quashed the proceedings in exercise of powers under Section 482 CrPC. A bench comprising Justice Bela M Trivedi and Justice Prasanna B …

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court
2 months, 2 weeks ago

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court

Live Law  

The Kerala High Court held that even if a final report is filed by the investigation agency a defacto complainant is entitled to get a copy of her own statement recorded under Section 164 of Cr.P.C. The Court observed that therefore, the defacto complainant has a right to get a copy of the Section 164 CrPC statement. and all the …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
2 months, 3 weeks ago

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

Live Law  

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court Case Title: SHANKAR VERSUS THE STATE OF UTTAR PRADESH & ORS., Citation : 2024 LiveLaw 345 The Supreme Court held that to summon a person …

Madras High Court Annual Digest 2024 [Part I]
2 months, 3 weeks ago

Madras High Court Annual Digest 2024 [Part I]

Live Law  

Citations: 2024 LiveLaw 1 to 2024 LiveLaw 250 REPORTS Madras High Court Issues Compendium Of Procedure To Be Followed By Advisory Board Constituted Under TN Preventive Detention Act Case Title: Ganeshkumar v The Principal Secretary to Government Citation: 2024 LiveLaw 1 The Madras High Court recently issued a compendium of procedures to be followed by the Advisory Board under the …

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court
3 months ago

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court

Live Law  

The Jharkhand High Court has under Order 23 Rule 2 of the Civil Procedure Code, the limitation period for a fresh suit instituted with court permission applies as if the original suit had never been filed. Order 23 CPC pertains to withdrawal and adjustment of suits wherein Rule 2 states that in any fresh suit instituted on permission granted under …

IIT-BHU gang rape case: Victim allowed cross-examination via video conferencing
3 months, 1 week ago

IIT-BHU gang rape case: Victim allowed cross-examination via video conferencing

Hindustan Times  

A Varanasi court partially accepted a plea from the Indian Institute of Technology-Banaras Hindu University gang rape victim, seeking permission to appear in court for cross-examination through video conferencing. The court ordered that the cross-examination statement of the plaintiff/victim be recorded on the scheduled dates in the Vulnerable Witness Room located within the court premises. From a protest in November …

RGV gets respite as Andhra Pradesh HC grants anticipatory bail
3 months, 1 week ago

RGV gets respite as Andhra Pradesh HC grants anticipatory bail

New Indian Express  

VIJAYAWADA: The Andhra Pradesh High Court granted conditional anticipatory bail to film director Ram Gopal Varma in cases regarding alleged offensive social media posts against Chief Minister N Chandrababu Naidu, Deputy Chief Minister K Pawan Kalyan and IT Minister N Lokesh during the run-up to general elections 2024. The High Court asked him to submit sureties of Rs 10,000 each …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
3 months, 1 week ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

No Necessity To Call Upon Accused To File Counter In Extension Application, Presence Only Needed To Consider Objections: Madras HC
3 months, 2 weeks ago

No Necessity To Call Upon Accused To File Counter In Extension Application, Presence Only Needed To Consider Objections: Madras HC

Live Law  

The Madras High Court recently observed that when an application for extension was filed by the prosecution, the presence of the accused was ensured only to inform him about the application and consider the objections, if any. Justice Sunder Mohan emphasized that while considering the application for extension, the court was only required to consider whether the report of the …

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court
3 months, 3 weeks ago

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court

Live Law  

Criticising the growing trend of directly approaching the High Court for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the Jammu and Kashmir and Ladakh High Court has observed that bypassing the trial courts in such matters not only burdens the High Court but also disregards the legal protocol, where such petitions should typically be first addressed …

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference
3 months, 3 weeks ago

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference

Live Law  

The Allahabad High Court has observed that when a challenge lies to the entire proceeding of a case registered under the SC/ST Act, the High Court could entertain the case under its inherent jurisdiction under Section 482 CrPC to secure the end of justice.The Court held that there could be no hard and fast rule regarding the interference of the …

Limitation Period For Challenging Assessment Orders U/S 107 Of GST Act Begins From Date Of Rejection Of Rectification Application: Madras HC
3 months, 3 weeks ago

Limitation Period For Challenging Assessment Orders U/S 107 Of GST Act Begins From Date Of Rejection Of Rectification Application: Madras HC

Live Law  

The Madras High Court stated that limitation period for challenging assessment orders under section 107 of GST Act commences from the date of rejection of the rectification application filed under section 161. The Bench of Justice K. Kumaresh Babu observed that “………the period of limitation for challenging the order of assessment shall start ticking from the date of rejection of …

Limitation Period For Challenging Assessment Orders U/S 107 Of GST Act Begins From Date Of Rejection Of Rectification Application: Madras HC
3 months, 3 weeks ago

Limitation Period For Challenging Assessment Orders U/S 107 Of GST Act Begins From Date Of Rejection Of Rectification Application: Madras HC

Live Law  

The Madras High Court stated that limitation period for challenging assessment orders under section 107 of GST Act commences from the date of rejection of the rectification application filed under section 161. The Bench of Justice K. Kumaresh Babu observed that “………the period of limitation for challenging the order of assessment shall start ticking from the date of rejection of …

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC
3 months, 3 weeks ago

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

Live Law  

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". Justice …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
4 months ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case
4 months, 1 week ago

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case

Live Law  

Rajasthan High Court has allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480 BNSS, since the trial did not conclude within sixty days from the date fixed for taking evidence in the case and the accused was in custody for more than two years. Section 480 BNSS provides that in …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024
4 months, 1 week ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024

Live Law  

Allahabad High Court: IO Can't Be Forced To Get Statement Of A Particular Witness Recorded U/S 183 BNSS: Allahabad High Court Case title - Kajal And Another vs. State Of U.P. Kerala High Court: S. 250 BNSS | Court Has Discretion To Consider Discharge Plea Even After Prescribed Limit Of 60 Days: Kerala High Court Case Title: Sajith v State …

In Absence Of Defendant's Written Request, Trial Courts Cannot On Its Own Extend Time For Filing Written Statement After 30 Days: Madras High Court
5 months, 3 weeks ago

In Absence Of Defendant's Written Request, Trial Courts Cannot On Its Own Extend Time For Filing Written Statement After 30 Days: Madras High Court

Live Law  

The Madras High Court has observed that the trial courts should not, on its own, extend the time for filing written statements after the expiry of 30 days. The court added that condoning delay on its own would be contrary to Order 8 Rule 1 of CPC “The trial courts shall not on their own extend the time for filing …

Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench
6 months, 1 week ago

Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench

Live Law  

The Punjab and Haryana High Court has referred the issue of applicability of the Bharatiya Nagarik Suraksha Sanhita, 2023 to a larger bench.Justice Harpreet Singh Brar disagreed with the opinion in Axxx v. UT Chandigarh where Justice Sumeet Goel had held that if a FIR is lodged under IPC but the application or petition in relation to it is filed …

Supreme Court Stays HC Order Which Set Aside Discharge Of TN Ministers KKSSR Ramachandran & Thangam Thenarasu In DA Case
6 months, 2 weeks ago

Supreme Court Stays HC Order Which Set Aside Discharge Of TN Ministers KKSSR Ramachandran & Thangam Thenarasu In DA Case

Live Law  

The Supreme Court on Friday stayed the order of the Madras High Court which set aside the discharge of Tamil Nadu Ministers KKSSR Ramachandran,Thangam Thenarasu and their spouses in disproportionate assets cases.A bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra passed the interim order while issuing notice on their special leave petitions.Senior Advocates. The Supreme Court on Friday stayed …

Court Must Scrutinize "Due Diligence" Undertaken By Parties Before Allowing Amendment Applications After Conclusion Of Trial: J&K High Court
7 months ago

Court Must Scrutinize "Due Diligence" Undertaken By Parties Before Allowing Amendment Applications After Conclusion Of Trial: J&K High Court

Live Law  

The High Court of Jammu & Kashmir and Ladakh at Srinagar has underscored the importance of "due diligence" in determining the admissibility of amendment applications filed after the commencement of a trial. Expounding on the term “Due Diligence” used in Order VI Rule 17 CPC which deals with the amendment of pleadings the court observed, “. The Court interpreted "due …

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court
7 months, 1 week ago

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court

Live Law  

The Karnataka High Court has held that an application under Section 311 Criminal Procedure Code cannot be allowed in cases where such applications are filed only to drag the proceedings/trial. The court said, “The case forms a classic illustration of one such action being initiated only to drag the proceedings, as the petitioner has filed an application under Section 311 …

Madras High Court Weekly Round-Up: August 5 to August 11, 2024
7 months, 1 week ago

Madras High Court Weekly Round-Up: August 5 to August 11, 2024

Live Law  

Citations: 2024 LiveLaw 299 To 2024 LiveLaw 306 NOMINAL INDEX M Kathirvel v The Inspector General of Registration, 2024 LiveLaw 299 Kompress India Private Limited Versus Union of India, 2024 LiveLaw 300 NT Stalin Barathi v The District Collector, 2024 LiveLaw 301 P.Sibiga Dharshini v The District Collector and Another, 2024 LiveLaw 302 Suo Motu RC v Additional Superintendent of …

Allahabad HC relief to SP MLA in 2021 criminal case
7 months, 1 week ago

Allahabad HC relief to SP MLA in 2021 criminal case

Hindustan Times  

The Allahabad high court has directed the trial court to grant interim bail to SP MLA from Kanpur Amitabh Bajpai if he files a bail application in a 2021 criminal intimidation case. The high court further directed the trial court to decide his discharge application in the case within two months and clarified that the interim bail will end after …

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court
7 months, 1 week ago

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court

Live Law  

While allowing the bail plea of former Delhi Deputy Chief Minister Manish Sisodia in relation to the liquor policy case, the Supreme Court recently observed that in cases where there has been a delay in trial and the accused has spent a long period in custody, right to bail shall be read into Section 439 CrPC and Section 45 of …

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court
8 months ago

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court

Live Law  

The Delhi High Court has observed that failure to avail alternate remedy on the ground of ongoing settlement process is not a reason for the court to exercise its discretionary power to quash the complaint cases. where it is filed with unexplained delay and laches and in the meantime, the trial has proceeded.” It referred to the Supreme Court case …

Delhi HC seeks CBI’s response to Arvind Kejriwal’s bail plea; next hearing on July 17
8 months, 2 weeks ago

Delhi HC seeks CBI’s response to Arvind Kejriwal’s bail plea; next hearing on July 17

Hindustan Times  

The Delhi high court on Friday sought the Central Bureau of Investigation ’s response within a week to chief minister Arvind Kejriwal’s plea for bail in the scrapped excise policy case and fixed July 17 as the next date for hearing in the matter. Delhi CM and AAP leader Arvind Kejriwal A bench of Justice Neena Bansal Krishna initially agreed …

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC
8 months, 2 weeks ago

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC

Live Law  

The Chattisgarh High Court has allowed a bail application upon observing that the right to expeditious trial is a fundamental right. The Court noted that under Section 193 of BNSS, it is the duty of the Investigating Officer to provide a police report and other documents to the accused, with the documents being indexed to the Magistrate as required under …

Madras High Court Grants Four More Months To Complete Trial In Money Laundering Case Against Former TN Minister Senthil Balaji
8 months, 3 weeks ago

Madras High Court Grants Four More Months To Complete Trial In Money Laundering Case Against Former TN Minister Senthil Balaji

Live Law  

The Madras High Court on Wednesday granted four more months to the Chennai Principal and Sessions Court to complete trial in the money laundering case initiated by the Enforcement Directorate against former Tamil Nadu Minister Senthil Balaji. In February this year, while dismissing the bail application of Balaji, Justice Anand Venkatesh had asked the trial court to complete the trial …

Second Criminal Revision Petition By Same Person Is Barred But High Court Can Entertain Such Plea U/S 482 CrPC: Punjab & Haryana High Court
8 months, 3 weeks ago

Second Criminal Revision Petition By Same Person Is Barred But High Court Can Entertain Such Plea U/S 482 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has said that the second criminal revision petition by the same person is barred under the Criminal Procedure Code but the High Court can entertain such plea by exercising inherent jurisdiction under Section 482 CrPC.Justice Sumeet Goel observed, "A second criminal revision petition filed by the same person is barred in view of statutory …

Petition U/S 483 CrPC Seeking Direction To Family Court For Expeditious Disposal Of S. 125 CrPC Plea Is Maintainable: Allahabad HC
9 months, 1 week ago

Petition U/S 483 CrPC Seeking Direction To Family Court For Expeditious Disposal Of S. 125 CrPC Plea Is Maintainable: Allahabad HC

Live Law  

The Allahabad High Court has held that an application filed under Section 483 CrPC seeking a direction to the Family Court to expedite the disposal of an application under Section 125 CrPC, would be maintainable. A bench of Justice Subhash Vidyarthi clarified that while deciding an application under Section 125 CrPC, the Family Court exercises the jurisdiction of a magistrate. …

SC adjourns Serum Institute's plea challenging 2016 amendment to I-T Act till May 17
10 months, 2 weeks ago

SC adjourns Serum Institute's plea challenging 2016 amendment to I-T Act till May 17

New Indian Express  

NEW DELHI: The Supreme Court on Monday adjourned till May 17 the plea filed by the Serum Institute of India challenging an order of the Bombay High Court which dismissed its petition against a 2016 amendment to the Income Tax Act. A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra deferred the matter …

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court
10 months, 3 weeks ago

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court

Live Law  

While denying bail to a man accused of murdering a person belonging to the marginalized community, the Madras High Court has stressed that while considering bail applications in connection with offenses under the SC/ST Act, the courts should refrain from granting bail merely based on period of detention. Selvakumar argued that the Special Court had granted bail to the co-accused …

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
11 months, 1 week ago

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers

Live Law  

Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat. “In this background, the court feels that an exercise of sensitization of the police officers and judicial officers …

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC
11 months, 2 weeks ago

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC

Live Law  

The Kerala High Court quashed the summons and subsequent warrant issued against the accused who were staying outside the Court's jurisdiction since summons was issued without having the affidavit of the witnesses of the complainant on record. Justice Bechu Kurian Thomas observed that the lack of conducting an enquiry under Section 202 would not vitiate the process but the lack …

Madras High Court Monthly Digest: March 2024
11 months, 2 weeks ago

Madras High Court Monthly Digest: March 2024

Live Law  

Citations: 2024 LiveLaw 91 To 2024 LiveLaw 142 NOMINAL INDEX J Sheena v. TNPSC, 2024 LiveLaw 91 M/s.Indralok Hotel Pvt. Ltd. versus The Greater Chennai Corporation, 2024 LiveLaw 92 Reckitt Benckiser Limited Versus State of Tamil Nadu, 2024 LiveLaw 93 Karthick v Registrar General, 2024 LiveLaw 94 D Bright Joseph v Church of South India and Others, 2024 LiveLaw 95 …

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