Third-Party Can File SLP Under Article 136 Against Quashing Of Criminal Proceedings : Supreme Court
1 month, 3 weeks ago

Third-Party Can File SLP Under Article 136 Against Quashing Of Criminal Proceedings : Supreme Court

Live Law  

The Supreme Court recently reiterated that a third party can file a Special Leave Petition under Article 136 of the Constitution against the quashing of criminal proceedings.An appeal by a private individual can be entertained, both sparingly and after due vigilance, said the Court relying on the precedents in National Commission for Women v. State of Delhi & Anr. The Supreme Court recently reiterated that a third party can file a Special Leave Petition under Article 136 of the Constitution against the quashing of criminal proceedings. Rejecting Kerala MLA Antony Raju's challenge to the locus standi of a private party which assailed the quashing of criminal proceedings against him, the Court observed that it is incumbent upon it to check the correctness of High Courts' approach and locus standi cannot come in the way of the same. Going through the record, the Supreme Court noted that Ajayan filed an intervention application before the High Court, resisting Raju's quashing petition.

Supreme Court Court Criminal Criminal Proceedings State High Proceedings File Anr Raju Quashing Locus Locus Standi National Commission For Women Ajayan  court  state  high  anr  quashing  slp  file  proceedings  article  v  136  locus  criminal  ajayan  thirdparty  supreme

History of this topic

Mumbai hit-and-run accused moves Supreme Court against rejection of bail plea
1 month, 1 week ago

Mumbai hit-and-run accused moves Supreme Court against rejection of bail plea

India Today  

Mihir Shah, the main accused in the Worli hit-and-run case, moved the Supreme Court on Tuesday challenging the Bombay High Court's rejection of his bail petition. In the petition filed in the Supreme Court, Shah's advocates pleaded that the High Court had failed in its Constitutional duty to safeguard the petitioner’s fundamental rights. Earlier on November 25, the Bombay High …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
1 month, 3 weeks 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 …

Punjab to file special leave petition in top court
4 months ago

Punjab to file special leave petition in top court

Hindustan Times  

Bargari sacrilege On March 11, while hearing a plea filed by Ram Rahim in 2015 sacrilege cases, the high court had stayed further proceeding against the Sirsa dera head. The Punjab government is preparing to file a special leave petition in the Supreme Court to challenge the Punjab and Haryana high court order staying proceedings before a trial court in …

O.37 R.3 CPC | Defendant Not Obliged To Apply For Leave To Defend Without Service of Summons: J&K High Court
5 months, 3 weeks ago

O.37 R.3 CPC | Defendant Not Obliged To Apply For Leave To Defend Without Service of Summons: J&K High Court

Live Law  

Quashing an ex parte judgment passed by the 4th Additional District Judge, Srinagar, in a case where the defendant was not served with a summons for judgment the Jammu and Kashmir and Ladakh High Court has ruled that a defendant is only obligated to apply for leave to defend a suit after being served with a summons for judgment. Clarifying …

Supreme Court Issues Notice On UP Congress President Ajai Rai's Plea To Quash Case Under UP Gangsters Act
6 months, 2 weeks ago

Supreme Court Issues Notice On UP Congress President Ajai Rai's Plea To Quash Case Under UP Gangsters Act

Live Law  

The Supreme Court today issued notice to the State of Uttar Pradesh on the petition filed by UP Congress President Ajay Rai for quashing the criminal trial against him under offences of the UP Gangsters and Anti-Social Activities Act 1986. The vacation bench of Justices AS Oka and Rajesh Bindal was hearing the challenge to the order of the Allahabad …

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court
1 year ago

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court

Live Law  

A Special Leave Petition filed against an order passed by National Company Law Appellate Tribunal, Chennai was dismissed yesterday by a three-Judge Bench of the Supreme Court comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra. Pertinently, the Bench made an observation that a bar of limitation cannot be obviated or circumvented by taking recourse of proceedings …

Supreme Court Issues Notice On Plea Challenging Madhya Pradesh’s ‘Mukhya Mantri Annadoot Yojna’ Scheme
1 year, 4 months ago

Supreme Court Issues Notice On Plea Challenging Madhya Pradesh’s ‘Mukhya Mantri Annadoot Yojna’ Scheme

Live Law  

The Supreme Court has issued a notice in a Special Leave Petition challenging the constitutional validity of ‘Mukhya Mantri Annadoot Yojna’, a scheme introduced by the Government of Madhya Pradesh for allotment of transportation work to unemployed persons. As per the petition, before the Scheme’s introduction, the transportation of supplies was allotted by way of a tender process wherein the …

Article 136 | SLP Against NCDRC's Order Passed In Exercise Of Its Appellate/Revisional Jurisdiction Cannot Be Entertained: Supreme Court
1 year, 5 months ago

Article 136 | SLP Against NCDRC's Order Passed In Exercise Of Its Appellate/Revisional Jurisdiction Cannot Be Entertained: Supreme Court

Live Law  

The Supreme Court on Wednesday held that an aggrieved party can approach the Supreme Court under Article 136 of the Constitution for grant of special leave to appeal against an order of the National Consumer Disputes Redressal Commission only if it is passed by the Commission in its original jurisdiction. No further appeal will lie against the orders passed by …

Cannot Invoke Writ Jurisdiction For Registration Of FIR When Alternate Remedy Available: Gujarat High Court
1 year, 11 months ago

Cannot Invoke Writ Jurisdiction For Registration Of FIR When Alternate Remedy Available: Gujarat High Court

Live Law  

The petitioner argued that despite her representations, she could not get the concerned authorities to register an FIR. In its rebuttal, the Respondent State argued that considering the availability of remedies under the Criminal Procedure Code, it is not proper to invoke writ jurisdiction under article 226 of the Constitution. To bolster its argument, the State relied upon the Supreme …

Be Slow In Quashing Criminal Proceedings On The Basis Of Settlement Between Complainant & Accused When Offences Are Capable Of Impacting Others : Supreme Court
2 years, 4 months ago

Be Slow In Quashing Criminal Proceedings On The Basis Of Settlement Between Complainant & Accused When Offences Are Capable Of Impacting Others : Supreme Court

Live Law  

The Supreme Court observed that the courts should be slow to excercise their jurisdiction to quash criminal proceedings on the basis of settlement, when the offences are capable of having an impact not merely on the complainant and the accused but also on others.Cases involving abuse of official position and adoption of corrupt practices cannot be treated like suits for. …

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]
2 years, 7 months ago

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]

Live Law  

Code of Civil Procedure, 1908 - Appeal against High Court judgment which upheld the procedure adopted by the Execution Court that did not invite objections under Order XXI Rule 34 from Judgment debtor to draft sale deed produced by Decree holder - Allowed - Clearly contravenes the salutary provisions of Order XXI Rule 34 - The objections of the appellant …

Pending Litigations Between Parties Can't Be Sole Ground To Quash Criminal Proceedings U/S 482 CrPC: Jharkhand High Court
2 years, 8 months ago

Pending Litigations Between Parties Can't Be Sole Ground To Quash Criminal Proceedings U/S 482 CrPC: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that merely because there is a case and a counter case between the parties or merely because there has been a title suit amongst the parties, the same is not sufficient to quash the criminal proceedings instituted by one of them against the other. The lower court conducted an inquiry in the said protest-cum-complaint …

"Causes Great Inconvenience" : Supreme Court Criticizes Last Moment Filing Of Additional Documents In SLPs
2 years, 10 months ago

"Causes Great Inconvenience" : Supreme Court Criticizes Last Moment Filing Of Additional Documents In SLPs

Live Law  

The Supreme Court, in an order passed last month, criticized last moment filing of additional documents in Special Leave Petitions.By not filing the application for additional documents at the time of filing the Special Leave Petition but filing the same at the last moment and on the previous day of the posting of the Special Leave Petition and many a …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
2 years, 11 months ago

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution

Live Law  

While remarking that it is a classic case where the execution proceedings themselves become a second round of litigation and it takes ages for the decree holder to realize the fruits of success of a decree with judgment debtors assisted innovatively, the Supreme Court recently dismissed a SLP assailing Delhi High Court's order.The bench of Justices SK Kaul and MM …

SLP Against HC Order Dismissing Bail Application As Not Pressed Cannot Be Entertained: Supreme Court
2 years, 11 months ago

SLP Against HC Order Dismissing Bail Application As Not Pressed Cannot Be Entertained: Supreme Court

Live Law  

The Supreme Court observed that a Special Leave Petition against a High Court order dismissing a bail application as not pressed cannot be entertained.In this case, the Allahabad High Court, in the impugned order, recorded the submission made by the counsel for the accused that he does not want to press this bail application at this stage and the same …

Special Leave Petition Against A Review Order Alone Is Not Maintainable, Reiterates Supreme Court
2 years, 11 months ago

Special Leave Petition Against A Review Order Alone Is Not Maintainable, Reiterates Supreme Court

Live Law  

The Special Leave Petition against a review order alone is not maintainable, the Supreme Court reiterated in a recent order.The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh observed thus while dismissing a special leave petition filed against an order passed by Madhya Pradesh High CourtThe bench noted that the petitioner had earlier withdrawn the Special Leave Petition. The …

Accused Can't Use His Power Of Attorney Holder To File Petition U/S 482 To Quash Criminal Proceedings: Delhi High Court
2 years, 11 months ago

Accused Can't Use His Power Of Attorney Holder To File Petition U/S 482 To Quash Criminal Proceedings: Delhi High Court

Live Law  

The Delhi High Court has held that the accused cannot recourse to a third party, such as a Power of Attorney holder, to represent him in criminal proceedings. Accordingly, the Court dismissed a petition under Article 227, Constitution of India read with Section 482, Code of Criminal Procedure 1973, seeking quashing of proceedings through the Petitioner's Representative holding his Special …

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court
3 years, 1 month ago

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court

Live Law  

The Supreme Court on Monday observed that despite some delay on appellant's part, the time period spent in prosecuting a Special Leave Petition would be a good ground for condonation of delay in filing a review application before the High Court.The bench of Justices SK Kaul and MM Sundresh in their order said, "We are of the view that it …

SLP Only Against A Review Order Not Maintainable, Reiterates Supreme Court
3 years, 2 months ago

SLP Only Against A Review Order Not Maintainable, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that a special leave petition against only a review order passed by High Court is not maintainable.In this case, the SLP against the original order passed by the Allahabad High Court was dismissed by the Apex Court on 18.12.2020 without granting any specific liberty to file a review application before the High Court. The Supreme Court …

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court
3 years, 3 months ago

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court

Live Law  

The Supreme Court has issued notice on a special leave petition which has raised the argument that criminal proceedings cannot continue after exoneration in departmental enquiry on the same allegations.The special leave petition is filed against a judgment of the Madhya Pradesh High Court which held that exoneration in departmental inquiry does not entitle an employee to seek quashing. The …

Kodanad Murder & Dacoity Case: Supreme Court Dismisses AIADMK Member's Plea To Stop Further Investigation
3 years, 4 months ago

Kodanad Murder & Dacoity Case: Supreme Court Dismisses AIADMK Member's Plea To Stop Further Investigation

Live Law  

The Supreme Court on Tuesday dismissed a Special Leave Petition filed by AIADMK functionary Anubhav Ravi, a prosecution witness in the Kodanad Murder and Dacoity case challenging the Madras High Court's order of refusing to intervene with the further police investigation by police. Case Before Madras High Court AIADMK Functionary Anubhav Ravi had approached the High Court averring that due …

Connectivity Issue: SLP Filed in SC Against Calcutta High Court Judge's Order
3 years, 5 months ago

Connectivity Issue: SLP Filed in SC Against Calcutta High Court Judge's Order

News 18  

The Calcutta High Court administration has filed a special leave petition before the Supreme Court challenging an order of one of its judges over connectivity issues during virtual hearing of cases, in which he had also expressed reservations over assignment of matters to judges by the Acting Chief Justice. Calcutta High Court Bar Library Club secretary Pramit Ray on Monday …

Supreme Court To Hear On July 5 Pleas Seeking Withdrawal Of Cases Over 2015 Assembly Ruckus
3 years, 6 months ago

Supreme Court To Hear On July 5 Pleas Seeking Withdrawal Of Cases Over 2015 Assembly Ruckus

Live Law  

The Supreme Court on Tuesday decided to hear next Monday, July 5, State of Kerala's plea seeking the withdrawal of criminal cases against six prominent CPI members for the ruckus and vandalism caused in the Kerala Legislative Assembly in 2015. After the Kerala Government approached the Supreme Court, the six accused members also filed petitions in the Supreme Court seeking …

Held On Sedition Charge, YSR Congress Party's Elected MP K. Raghu Rama Krishna Raju Moves Supreme Court Seeking Bail
3 years, 7 months ago

Held On Sedition Charge, YSR Congress Party's Elected MP K. Raghu Rama Krishna Raju Moves Supreme Court Seeking Bail

Live Law  

Challenging the Andhra Pradesh High Court's May 15 order, refusing to entertain his bail application, Kanumuri Raghurama Krishnam Raju, an elected Member of Parliament from Narasapuram Parliamentary constituency in Andhra Pradesh has moved the Supreme Court.He was arrested on Friday on the charges of sedition and was taken to the Crime Investigation Department. Challenging the Andhra Pradesh High Court's May …

Supreme Court Weekly Round Up [29th March to 4th April 2020]
3 years, 9 months ago

Supreme Court Weekly Round Up [29th March to 4th April 2020]

Live Law  

Seriousness Of Charge Relevant Factor: Supreme Court Sets Aside Bail Granted To Man Accused Of Murdering Lady DoctorCase: State of Kerala vs. Mahesh Citation: LL 2021 SC 192The bench comprising Justices Indira Banerjee and Krishna Murari set aside the Kerala High Court order which granting bail to a man accused murder of a lady doctor and observed. Seriousness Of Charge …

TN Govt Has Decided To Withdraw All Anti-CAA Protests Cases, Madras HC Notes While Quashing Case Against Lawyer
3 years, 9 months ago

TN Govt Has Decided To Withdraw All Anti-CAA Protests Cases, Madras HC Notes While Quashing Case Against Lawyer

Live Law  

The Madras High Court recently quashed the criminal proceedings initiated against an advocate for indulging in protests against the Citizenship Amendment Act in Chennai in December 2019.The FIR was lodged against Advocate S Devika under Sections 143 and 188 of the Indian Penal Code.While allowing the petition filed by Advocate. The Madras High Court recently quashed the criminal proceedings initiated …

Recording Of Reasons: Approach Of Article 136 Cannot Be Adopted While Deciding Petitions By The High Court Under Article 227 : Supreme Court
3 years, 11 months ago

Recording Of Reasons: Approach Of Article 136 Cannot Be Adopted While Deciding Petitions By The High Court Under Article 227 : Supreme Court

Live Law  

Supreme Court on Monday observed that the approach of Article 136 of the Constitution cannot be adopted while deciding petitions by the High Court under Article 227 of the Constitution of India. A Division Bench of Justice SK Kaul and Justice Hrishikesh Roy made the observation while hearing an appeal filed against order of the Madhya Pradesh High Court under …

Dismissal Of SLP Has No Consequence On Question Of Law: Supreme Court
4 years, 1 month ago

Dismissal Of SLP Has No Consequence On Question Of Law: Supreme Court

Live Law  

The Supreme Court has observed that the the dismissal of special leave petition is of no consequence on the question of law.In this case, the Division Bench of the High Court set aside the Single Bench judgment that allowed the writ petitions for the grant of 9/16 years' time bound revised promotional scale to the petitioners. The Supreme Court has …

SLP Against HC Order Rejecting Review Petition Cannot Be Entertained When Main Judgment Is Not Challenged: SC [Read Judgment]
4 years, 3 months ago

SLP Against HC Order Rejecting Review Petition Cannot Be Entertained When Main Judgment Is Not Challenged: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a special leave petition challenging the order of High Court rejecting the review petition cannot be entertained when main judgment in the writ petition is not challenged.When the main judgment of the High Court cannot be effected in any manner, no relief can be granted by this Court in the special leave petition filed …

SC Issues Notice On IIT Professor's Plea Against HC Order Quashing FIR For Caste Based Harassment [Read Order]
4 years, 4 months ago

SC Issues Notice On IIT Professor's Plea Against HC Order Quashing FIR For Caste Based Harassment [Read Order]

Live Law  

A Division Bench of the Supreme Court last week issued notice on a SLP filed against an order of the Allahabad High Court quashing an FIR lodged by a professor of IIT Kanpur against caste based harassment allegedly inflicted upon him by his colleagues. "The Hon'ble High Court erred in exercising its inherent power under Section 482 of the Code …

SC Issues Notice In Woman's Plea Seeking Transfer Of Rape Case Filed By Her In UP Court To Delhi [Read Order]
4 years, 5 months ago

SC Issues Notice In Woman's Plea Seeking Transfer Of Rape Case Filed By Her In UP Court To Delhi [Read Order]

Live Law  

A woman has approached the Supreme Court seeking transfer of a rape case filed by her against the accused who is presently the Assistant Commissioner in the Drugs Control Department at Moradabad, Uttar Pradesh.She contended that the accused Deepak Sharma is absconding himself from the criminal process and is trying to delay the criminal process against him. A woman has …

Conditions For Transferring Cases from High Courts Under Article 139A To Apex Court: SC Explains [Read Judgment]
4 years, 5 months ago

Conditions For Transferring Cases from High Courts Under Article 139A To Apex Court: SC Explains [Read Judgment]

Live Law  

The Supreme Court has withdrawn to itself a writ petition pending before the Punjab and Haryana High Court challenging a notification issued by the State of Haryana providing for 10% vertical reservation for economically backward persons in general category in certain fields of public employment. The State of Haryana opposed the Transfer plea contending that in Commissioner of Services Tax …

SC Adjourns Hearing On Plea Challenging PM Narendra Modi's Election From Varanasi
4 years, 7 months ago

SC Adjourns Hearing On Plea Challenging PM Narendra Modi's Election From Varanasi

Live Law  

The Supreme Court has adjourned the hearing of the plea challenging the election of Prime Minister Narendra Modi from Varanasi in the 2019 General Elections. A Supreme Court Bench comprising of Chief Justice of India SA Bobde, Justices AS Bopanna and Hrishikesh Roy adjourned the matter by a period of 2 weeks after receiving the adjournment letter circulated by Yadav …

SC To Consider If Victim Can Withdraw The Money Deposited By Accused As Condition For Bail [Read Petition]
5 years, 4 months ago

SC To Consider If Victim Can Withdraw The Money Deposited By Accused As Condition For Bail [Read Petition]

Live Law  

The Supreme Court has issued notice on a special leave petition filed against a Bombay High Court order that declined the prayer of a victim of a crime to allow the withdrawal of amount deposited by the accused as condition for securing pre-arrest bail.The bench of Justices Indu Malhotra and Subhash Reddy issued the notice on September 2.The petition arises …

Order IX Rule 13 CPC: Can A Person Who Is Not Party To Suit File Application To Set Aside Ex-Parte Decree? SC To Examine [Read Order]
5 years, 5 months ago

Order IX Rule 13 CPC: Can A Person Who Is Not Party To Suit File Application To Set Aside Ex-Parte Decree? SC To Examine [Read Order]

Live Law  

The Supreme Court has issued notice in Special Leave Petition in which the issue raised is whether a person who is not a party to the suit cannot move an application to set aside ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908. Order IX Rule 13 provides that, in any case in which a …

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