Supreme Court Expunges Remarks Against Judge In Gauhati HC Judgment
1 year, 1 month ago

Supreme Court Expunges Remarks Against Judge In Gauhati HC Judgment

Live Law  

The Supreme Court on Friday ordered expunction of certain disparaging remarks made by the Gauhati High Court against a Special NIA Court Judge, who is at present a sitting judge of the High Court. The petitioner, who is currently a sitting judge of the Gauhati High Court, had approached the Top Court seeking expunction of some disparaging remarks made in a judgment of the Gauhati High Court against his ruling of conviction in an NIA case when he was a special judge, NIA, Gauhati, Assam. He sought for removal of remarks such as 'deep rooted bias in favour of the prosecution', 'acting in a sheerly partisan bent of mind that by any means the accused/ appellant Ahshringdaw Warisa had to be convicted', 'virtually predetermined conclusion' and 'committing an act of rank judicial impropriety while delivering the judgment' in the High Court judgment delivered on August 11, 2023. The Apex Court made it clear that the impugned High Court judgment would remain in force, without the adverse remarks against the judge.

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History of this topic

Telangana High Court Quashes FIR Against Junior Civil Judges Accused Under SC/ST Act By Colleague
7 hours, 21 minutes ago

Telangana High Court Quashes FIR Against Junior Civil Judges Accused Under SC/ST Act By Colleague

Live Law  

The Telangana High Court has granted relief to two Junior Civil Judges in a long pending case of 10 years, wherein they were charged under Section 3 of the Scheduled Castes and Scheduled Tribes Act, 1989. “It is pertinent to mention that respondent No.5 has lodged a complaint against the petitioners on 09.10.2015, subsequent to the report submitted by the …

'Nobody Can Be Condemned Unheard' : Supreme Court Deletes Adverse Remarks Made By HC Against Advocate Without Opportunity Of Hearing
6 days, 10 hours ago

'Nobody Can Be Condemned Unheard' : Supreme Court Deletes Adverse Remarks Made By HC Against Advocate Without Opportunity Of Hearing

Live Law  

Recently, the Supreme Court expunged the adverse remarks against an advocate recorded by the Uttarakhand High Court without providing opportunity of hearing.Also, the Court set aside the High Court's direction to the State Bar Council to initiate misconduct proceedings against the advocate without affording him an opportunity of hearing to respond to the allegations labeled against him.“We. Recently, the Supreme …

Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges
6 days, 19 hours ago

Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges

India Today  

The Supreme Court on Tuesday reserved its order on the suo motu writ petition registered in connection with the termination of services of six female civil judges by the Madhya Pradesh government, of which two are yet to be reinstated. On the last date of hearing, the top court had slammed the state high court for terminating the services of …

Gauhati High Court Asks Its Registry To List All 20 Criminal Pleas Involving MPs, MLAs Before Special Bench For Expeditious Disposal
1 week, 6 days ago

Gauhati High Court Asks Its Registry To List All 20 Criminal Pleas Involving MPs, MLAs Before Special Bench For Expeditious Disposal

Live Law  

The Gauhati High Court on Monday, directed its Registry to take necessary steps for listing all pending twenty criminal petitions and criminal revision petitions involving MPs or MLAs before a Special Bench within 10 days, after obtaining necessary approval of the Chief Justice on the administrative side. The Apex Court, in the said writ petition, had sought detailed reports from …

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

Supreme Court Stays Criminal Trial In Case Where Allahabad HC Failed To Pronounce Decision After 14 Months Since Reserving Orders
2 weeks, 4 days ago

Supreme Court Stays Criminal Trial In Case Where Allahabad HC Failed To Pronounce Decision After 14 Months Since Reserving Orders

Live Law  

The Supreme Court recently stayed criminal trial against an accused, taking into account his grievance that the High Court reserved judgment on his plea for quashing but did not deliver the same despite lapse of 14 months since the orders were reserved. "We do not know the exact reason as to why the learned Judge of the High Court, despite …

Supreme Court Stays Contempt Proceedings In Gujarat High Court Against Judicial Officer
3 weeks ago

Supreme Court Stays Contempt Proceedings In Gujarat High Court Against Judicial Officer

Live Law  

The Supreme Court recently stayed the contempt proceedings in the Gujarat High Court initiated against a judicial officer, an Additional Senior Civil Judge. The judicial officer approached the Supreme Court challenging the order of the Gujarat High Court which allowed his addition as a respondent in a contempt petition filed by a person who alleged that he was illegally arrested …

SC expunges adverse HC remarks against Delhi judge, stresses judicial restraint
1 month ago

SC expunges adverse HC remarks against Delhi judge, stresses judicial restraint

Hindustan Times  

New Delhi, The Supreme Court on Friday expunged adverse remarks made by the Delhi High Court against an additional district and sessions Judge, saying the superior courts must exercise restraint while commenting on the personal conduct of judicial officers. SC expunges adverse HC remarks against Delhi judge, stresses judicial restraint A bench comprising Justices Abhay S Oka, Ahsanuddin Amanullah, and …

'Sorry State Of Affairs': Gauhati HC Laments 'Casual' Approach Of State In Plea Challenging Construction Of Amusement Park At Silchar
1 month ago

'Sorry State Of Affairs': Gauhati HC Laments 'Casual' Approach Of State In Plea Challenging Construction Of Amusement Park At Silchar

Live Law  

The Gauhati High Court recently pulled up Assam Government for filing an affidavit in a very casual manner, in an ongoing PIL filed by several persons being aggrieved with the decision of the Silchar Municipal Board allowing the private respondent Assam Progressive Developers Limited to set up an amusement park in the Gandhibag Park. The division bench comprising the Chief …

They were unwarranted, scandalous: SC expunges HC judge's remarks against apex court
4 months, 2 weeks ago

They were unwarranted, scandalous: SC expunges HC judge's remarks against apex court

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday expunged the observations made by a single judge bench of the Punjab and Haryana High Court against the apex court in a contempt case, saying they were "scandalous" and "unwarranted".A five-judge bench headed by Chief Justice of India D Y Chandrachud, however, refused to initiate proceedings against Punjab and Haryana High Court Judge …

‘Scandalous’: CJI DY Chandrachud lambasts high court's unusual criticism of Supreme Court
4 months, 2 weeks ago

‘Scandalous’: CJI DY Chandrachud lambasts high court's unusual criticism of Supreme Court

Hindustan Times  

The Supreme Court on Wednesday called the criticism of the Punjab and Haryana High Court of its verdict scandalous and unnecessary. Hearing a suo moto case over the high court's unusually harsh observations, a bench headed by Chief Justice of India DY Chandrachud said the Supreme Court was pained by the remarks. The Supreme Court on Tuesday took suo motu …

SC bench to hear Punjab HC’s criticism of its order
4 months, 2 weeks ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

Supreme Court stays High Court order to consider premature release of gangster-turned-politician Arun Gawli
6 months, 2 weeks ago

Supreme Court stays High Court order to consider premature release of gangster-turned-politician Arun Gawli

The Hindu  

The Supreme Court on June 4 stayed a Bombay High Court judgment directing the State of Maharashtra to grant gangster-turned-politician Arun Gulab Gawli, who is serving life imprisonment in a murder case, the benefit of a premature release policy. The Supreme Court issued notice to Gawli, who had successfully approached the Nagpur Bench of the High Court to get the …

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
8 months ago

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

Live Law  

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in …

Gauhati HC dismisses Assam MP's petition challenging cancellation of ST status
8 months ago

Gauhati HC dismisses Assam MP's petition challenging cancellation of ST status

The Hindu  

The Gauhati High Court on April 18 dismissed a writ petition by two-time MP Naba Sarania, challenging a State Level Scrutiny Committee's order striking down his Scheduled Tribe status. A single-judge bench of Justice S K Medhi delivered the order, Assam’s advocate general Devajit Saikia told PTI. "The honourable court dismissed his writ petition, and did not give him any …

[NI Act] MP High Court Refuses Permission To Rectify Incorrect Mention Of Cheque Dates In Complaint, Says It's A Substantial Defect
8 months, 2 weeks ago

[NI Act] MP High Court Refuses Permission To Rectify Incorrect Mention Of Cheque Dates In Complaint, Says It's A Substantial Defect

Live Law  

Madhya Pradesh High Court has iterated that the defect of mentioning incorrect dates of cheque in the complaint cannot be cured since there is no provision in the CrPC to amend the criminal complaint. Justice Verma, therefore, opined that the trial court had committed an error by allowing the application for making amendments to the original complaint filed under Section …

Gauhati High Court Denies Interim Relief To Allow MP Naba Kumar Sarania To Contest Polls Over SLCSC Order Stating He Doesn't Belong To ST Community
8 months, 2 weeks ago

Gauhati High Court Denies Interim Relief To Allow MP Naba Kumar Sarania To Contest Polls Over SLCSC Order Stating He Doesn't Belong To ST Community

Live Law  

The division bench of Gauhati High Court on Wednesday set aside an interim order by a single bench which suspended an order passed by the State Level Caste Scrutiny Committee which opined that Naba Kumar Sarania, a sitting Lok Sabha member from Kokrajhar constituency does not belong to Bodo/Bodo Kachari community, which is a recognized ST community in Assam. Further, …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
9 months, 1 week ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old
9 months, 2 weeks ago

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old

Live Law  

The Madras High court has now removed the remarks made about the origin of caste system from its recent judgement in the pleas challenging the continuation of office of Minister Udayanidhi Stalin, Minister Sekar Babu and MP A Raja. In the judgment uploaded on March 6th, Justice Anita Sumanth had observed as under, "This Court agrees unequivocally that there are …

Arbitration Commences When Arbitral Tribunal Is Constituted, Not When Party Gives Receipt Of Claim: Gauhati High Court
10 months ago

Arbitration Commences When Arbitral Tribunal Is Constituted, Not When Party Gives Receipt Of Claim: Gauhati High Court

Live Law  

The Gauhati High Court single bench of Justice Sanjay Kumar Medhi held that the commencement under Section 21 of the Arbitration and Conciliation Act, 1996 does not arise unless an Arbitration Tribunal is constituted. The Petitioner approached the Gauhati High Court and filed a petition under Section 11 of the Arbitration Act for appointment of an arbitral tribunal in accordance …

Supreme Court Collegium Recommends Appointment Of Two Women As Gauhati HC Judges
11 months, 2 weeks ago

Supreme Court Collegium Recommends Appointment Of Two Women As Gauhati HC Judges

Live Law  

The Supreme Court collegium has recommended the appointment of Shamima Jahan, an advocate, and Yarenjungla Longkumer, a judicial officer, as judges of the Gauhati High Court. The collegium comprising Chief Justice DY Chandrachud, and Justices Sanjiv Khanna and BR Gavai has passed a resolution which reveals that the names have been suggested on the strength of the high court collegium's …

'Testimony Of Victim Does Not Inspire Confidence & Remains Uncorroborated': Gauhati High Court Sets Aside POCSO Conviction
1 year ago

'Testimony Of Victim Does Not Inspire Confidence & Remains Uncorroborated': Gauhati High Court Sets Aside POCSO Conviction

Live Law  

The Gauhati High Court recently set aside the conviction of a man under Section 4 of the POCSO Act passed by the Trial Court, by giving him the benefit of the doubt on the ground that the testimony of the victim girl remained uncorroborated. The single-judge bench of Justice Mridul Kumar Kalita observed: “……considering the fact that the testimony of …

Suspension Takes Effect From Date Of Passing Such Order, Failure To Review It In 90 Days Fatal: Gauhati High Court
1 year, 1 month ago

Suspension Takes Effect From Date Of Passing Such Order, Failure To Review It In 90 Days Fatal: Gauhati High Court

Live Law  

The Gauhati High Court recently set aside the suspension of an engineer posted with the National Highways and Infrastructure Development Corporation Ltd. on the ground that review of the said suspension order was not done within the mandatory period of 90 days, as required under the law. However, the Counsel appearing for the petitioner contended that the suspension takes effect …

Supreme Court Collegium Recommends Two Advocates for Appointment As Judges Of Gauhati High Court
1 year, 2 months ago

Supreme Court Collegium Recommends Two Advocates for Appointment As Judges Of Gauhati High Court

Live Law  

The Supreme Court Collegium consisting of Chief Justice of India Dhananjaya Y Chandrachud, Justice Sanjay Kishan Kaul and Justice Sanjiv Khanna, have recommended Adv. The Chief Justice of the Gauhati High Court in consultation with his two senior-most colleagues had recommended the elevation of. The Chief Justice of the Gauhati High Court in consultation with his two senior-most colleagues had …

Supreme Court Says Conduct Of 'V4 Kochi' President Nipun Cherian During Contempt Proceedings Before Kerala HC Was 'Reprehensible'
1 year, 2 months ago

Supreme Court Says Conduct Of 'V4 Kochi' President Nipun Cherian During Contempt Proceedings Before Kerala HC Was 'Reprehensible'

Live Law  

The Supreme Court on Monday while considering the plea of Nipun Cherian, the President of political party 'V4 Kochi', against the order of the division bench of the Kerala High Court that sentenced him to four months imprisonment in a suo motu contempt proceeding initiated by it, for his statements against a sitting judge of the High Court, sought the …

High Court Expunges 'Disparaging Remarks' Made By Sessions Court About Then Gurugram Police Commissioner In Corruption Case Against Junior
1 year, 3 months ago

High Court Expunges 'Disparaging Remarks' Made By Sessions Court About Then Gurugram Police Commissioner In Corruption Case Against Junior

Live Law  

The Punjab & Haryana High Court has expunged the "disparaging remarks" made by a Sessions Court against former Police Commissioner of Gurugram, while deciding the anticipatory bail plea of a junior IPS officer.Justice Vinod S. Bhardwaj said, "The remarks extracted above were not integral for the final adjudication of the anticipatory bail application filed by accused–Dheeraj Kumar. The Punjab & …

Manipur violence | Supreme Court shifts 27 CBI cases, including crimes against women, to Assam
1 year, 3 months ago

Manipur violence | Supreme Court shifts 27 CBI cases, including crimes against women, to Assam

The Hindu  

The Supreme Court on Friday asked Gauhati High Court Chief Justice Sandeep Mehta to nominate one or more judicial officers in Assam to take charge of the pre-trial processes in 27 cases related to the ethnic violence in Manipur, including crimes committed against women and children, which were transferred to the Central Bureau of Investigation. Issuing a series of directions …

Supreme Court Restores Plea In Gauhati HC Which Challenges Sub-classification Of STs As Mizos & Non-Mizos In Mizoram
1 year, 4 months ago

Supreme Court Restores Plea In Gauhati HC Which Challenges Sub-classification Of STs As Mizos & Non-Mizos In Mizoram

Live Law  

The Supreme Court on Monday set aside an order of the Gauhati High Court which dismissed a petition challenging the sub-classification within the Scheduled Tribes in Mizoram. The bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing a petition filed by the Mizoram Chakma Students. The bench comprising Chief Justice of India …

Supreme Court sets aside High Court order dismissing plea challenging Mizoram Government’s notification on Scheduled Tribe quota
1 year, 4 months ago

Supreme Court sets aside High Court order dismissing plea challenging Mizoram Government’s notification on Scheduled Tribe quota

The Hindu  

The Supreme Court on Monday set aside a Gauhati High Court order dismissing a petition seeking to quash a Mizoram Government notification which arbitrarily sub-classified the Scheduled Tribes of the State while allegedly discriminating against non-Mizo Scheduled Tribes. The High Court had rejected the petition on June 21 on the ground that a legal question related to the State notification …

Gauhati High Court declares 2019 election of Arunachal Independent MLA, Karikho Kri, null and void
1 year, 5 months ago

Gauhati High Court declares 2019 election of Arunachal Independent MLA, Karikho Kri, null and void

The Hindu  

GUWAHATI: The Gauhati High Court has declared the election of an Arunachal Pradesh MLA in 2019 as null and void. The Itanagar bench of the Gauhati High Court pronounced the decision on July 17 after hearing the election petition filed by Congress candidate Nuney Tayang, challenging the declaration of the 2019 result in favour of Mr. Kri. Declaring Mr Kri’s …

Supreme Court Refuses To Interfere With Selection Process To Judicial Services By Gauhati, Gujarat, Patna High Courts
1 year, 5 months ago

Supreme Court Refuses To Interfere With Selection Process To Judicial Services By Gauhati, Gujarat, Patna High Courts

Live Law  

The Supreme Court recently refused to interfere with the selection process to judicial services conducted by the Gauhati High Court, Gujarat High Court and Patna High Court in a batch of matters being heard by the Top Court in a reference made to the Constitution Bench in Tej Prakash Pathak and others v. Rajasthan High Court and others 4 SCC …

Supreme Court Collegium Recommends Transfer Of Justice Gaurang Kanth To Calcutta High Court
1 year, 5 months ago

Supreme Court Collegium Recommends Transfer Of Justice Gaurang Kanth To Calcutta High Court

Live Law  

The Supreme Court Collegium on Wednesday recommended the transfer of Delhi High Court judge Justice Gaurang Kanth to Calcutta High Court.Reiterating its recommendation dated July 05 to transfer the judge to Calcutta High Court, the Collegium has rejected Justice Kanth’s request to transfer him to Madhya Pradesh High Court or Rajasthan High Court or any other neighbouring State. The Supreme …

Gauhati High Court Bar Association To Protest Against Against Shifting Of HC To Rangmahal, Writes To President Murmu
1 year, 5 months ago

Gauhati High Court Bar Association To Protest Against Against Shifting Of HC To Rangmahal, Writes To President Murmu

Live Law  

The Gauhati High Court Bar Association has decided to hold a protest on June 27 against the state government’s decision to shift the High Court from Guwahati to Rangmahal in the Kamrup District on the Northern Bank of river Brahmaputra. According to the memorandum, in the meeting held in the office of the Chief Minister on May 23, a high-level …

Gauhati High Court Issues Notice On Appeal Challenging Dismissal Of Petitions Against Admin's Demolition Drive In Silsako Wetland Area
1 year, 6 months ago

Gauhati High Court Issues Notice On Appeal Challenging Dismissal Of Petitions Against Admin's Demolition Drive In Silsako Wetland Area

Live Law  

The Gauhati High Court on Monday issued notice in an appeal filed by a woman against a single bench judgment dismissing the bunch of petitions challenging the eviction drive carried out by authorities in the Silsako Wetland area of the Kamrup district. “The Single Judge has erred in holding that the court cannot enter into the issue of whether the …

Gauhati High Court Refuses To Condone Delay For Appeal Against Setting Aside Of Justice Saikia Inquiry Commission Report On 'Secret Killings'
1 year, 6 months ago

Gauhati High Court Refuses To Condone Delay For Appeal Against Setting Aside Of Justice Saikia Inquiry Commission Report On 'Secret Killings'

Live Law  

The Gauhati High Court on Monday refused to entertain an application for condonation of delay of 531 days in filling of an appeal against a Single Bench ruling that declared the constitution of Justice K.N. The division bench of the Chief Justice Sandeep Mehta and Justice Mitali Thakuria observed that not only have the applicants failed to convincingly explain the …

'Why Can’t You Take It As Patient Hearing?' : Kerala High Court Asks Petitioner Who Alleged Sitting Judge Hears Limited Number Of Cases
1 year, 6 months ago

'Why Can’t You Take It As Patient Hearing?' : Kerala High Court Asks Petitioner Who Alleged Sitting Judge Hears Limited Number Of Cases

Live Law  

The Kerala High Court on Wednesday reserved for order the petition filed by Advocate Yeshwanth Shenoy alleging that Justice Mary Joseph of the High Court has curtailed the number of cases listed before her bench to only 20 matters a day, when other judges have 100 matters or more listed before them everyday. To which Justice Kunhikrishnan responded on a …

Supreme Court Collegium Recommends Justice Robin Phukan Be Made Permanent Judge Of Gauhati High Court
1 year, 7 months ago

Supreme Court Collegium Recommends Justice Robin Phukan Be Made Permanent Judge Of Gauhati High Court

Live Law  

The Supreme Court Collegium comprising CJI Dhananjaya Y Chandrachud, Justice Sanjay Kishan Kaul and Justice K. M. Joseph on Tuesday recommended the name of Justice Robin Phukan, Additional Judge, for appointment as a permanent judge of the Gauhati High Court. The Judgment Evaluation Committee constituted in terms of the Resolution dated October 26, 2017 of the SCC said each judgment …

Anti-CAA stir | Supreme Court grants bail to independent Assam MLA Akhil Gogoi in NIA case
1 year, 8 months ago

Anti-CAA stir | Supreme Court grants bail to independent Assam MLA Akhil Gogoi in NIA case

The Hindu  

The Supreme Court on April 18 granted bail to independent Assam MLA Akhil Gogoi in connection with a case related to anti-CAA protests and suspected Maoist links. A Bench of Justices V. Ramasubramanian and Pankaj Mithal, however, affirmed a Gauhati High Court Order which had set aside Akhil Gogoi's discharge in the case. Earlier, the high court had permitted the …

UAPA | Supreme Court Confirms Gauhati HC Order Setting Aside Discharge Of Assam MLA Akhil Gogoi, Grants Bail
1 year, 8 months ago

UAPA | Supreme Court Confirms Gauhati HC Order Setting Aside Discharge Of Assam MLA Akhil Gogoi, Grants Bail

Live Law  

The Supreme Court of India on Tuesday confirmed "in all aspects" the Gauhati High Court’s decision to set aside trial court's order discharging activist-turned-politician Akhil Gogoi in connection with offences under the Unlawful Activities Act, 1967. Besides, the high court ought not to have made observations on the merits of the case while setting aside the discharge order and remanding …

Gujarat High Court Stays Single Judge Order Directing Collectors To Decide Pending Applications For Land Conversion Before April 13
1 year, 8 months ago

Gujarat High Court Stays Single Judge Order Directing Collectors To Decide Pending Applications For Land Conversion Before April 13

Live Law  

The Gujarat High Court on Wednesday stayed an order passed by the single bench directing all the district collectors in Gujarat to process Non-Agricultural Permission applications filed under Section 65 of Bombay Land Revenue Code by April 13. The petitioner before the single judge bench, had earlier filed an application before District Collector, Kheda under Section 65 of Bombay Land …

Kerala High Court Vacates Stay On NGT Order After Communication From SC Registry That It Has Already Been Affirmed By Apex Court
1 year, 8 months ago

Kerala High Court Vacates Stay On NGT Order After Communication From SC Registry That It Has Already Been Affirmed By Apex Court

Live Law  

The Kerala High Court recently vacated its interim order staying NGT's direction to M/s.Cochin Granites to pay environmental compensation for its illegal and unauthorised mining activities.A challenge to the said order of the National Green Tribunal had been earlier dismissed by the Supreme Court. The Kerala High Court recently vacated its interim order staying NGT's direction to M/s.Cochin Granites to …

Confession Made To Police Officer In Absence Of Magistrate Can't Form Basis For Murder Conviction: Gauhati High Court
1 year, 8 months ago

Confession Made To Police Officer In Absence Of Magistrate Can't Form Basis For Murder Conviction: Gauhati High Court

Live Law  

The Gauhati High Court recently acquitted a woman who was convicted by the trial court for murder of her husband, on the ground that her confession made to the police without corroboration cannot be the basis for the conviction. In view of the fact that the alleged statement/confession made by the appellant has only been made to police officers, the …

HC Stayed NGT Order After It Was Affirmed By Supreme Court? SC Directs Registry To Communicate Its Orders To Kerala High Court
1 year, 8 months ago

HC Stayed NGT Order After It Was Affirmed By Supreme Court? SC Directs Registry To Communicate Its Orders To Kerala High Court

Live Law  

On being told that the Kerala High Court has stayed an order of the National Green Tribunal - which was earlier upheld by the Supreme Court- the Top Court recently directed its Registry to communicate its orders to the Registrar General of the High Court. A bench comprising Justices MR Shah and CT Ravikumar was hearing a petition filed by …

Appellate Court Becomes Functus Officio After Disposing Main Appeal, Cannot Decide Injunction Application Thereafter: Gauhati High Court
1 year, 9 months ago

Appellate Court Becomes Functus Officio After Disposing Main Appeal, Cannot Decide Injunction Application Thereafter: Gauhati High Court

Live Law  

The Gauhati High Court recently held the dismissal of an injunction application by a District Judge, 5 days after disposal of the main title appeal, to be bad in law. With the delivery of the judgment on 23.02.2022, the first appellate court of the District Judge became functus officio and therefore, the dispose of the injunction petition five days thereto …

Can't Entertain Appeal Disguised As Review: Gauhati High Court Dismisses Challenge To Maintenance Order
1 year, 9 months ago

Can't Entertain Appeal Disguised As Review: Gauhati High Court Dismisses Challenge To Maintenance Order

Live Law  

The Gauhati High Court recently refused to entertain a review petition against a maintenance order filed under Order 47 Rules 1, 2 and Section 151 of CPC stating that there were no grounds mentioned in the petition on which a review can be allowed. The petitioner approached the High Court challenging the maintenance order of the Additional District Judge on …

UAPA | Supreme Court Reserves Verdict in Appeal by Assam MLA Akhil Gogoi Against High Court Setting Aside Discharge Order
1 year, 9 months ago

UAPA | Supreme Court Reserves Verdict in Appeal by Assam MLA Akhil Gogoi Against High Court Setting Aside Discharge Order

Live Law  

The Supreme Court on Monday reserved its verdict in an appeal filed by activist-turned-politician Akhil Gogoi against the Gauhati High Court’s decision to set aside the order of the trial court which discharged him from a case under under the Unlawful Activities Act, 1967. Therefore, he urged the top court to first, modify the high court’s order to the extent …

Gauhati High Court Seeks ATR On Alleged Illegal Encroachments In Tipam Hills
1 year, 9 months ago

Gauhati High Court Seeks ATR On Alleged Illegal Encroachments In Tipam Hills

Live Law  

The Gauhati High Court on Thursday, in a suo motu PIL, directed the authorities to submit a report and action taken with regard to the allegation of illegal encroachment of historic Tipam hill. The suo motu PIL was registered by the court in 2018 on the basis of a letter written by Late Nilay Dutta, Senior Advocate highlighting a report …

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider
1 year, 9 months ago

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider

Live Law  

Last week, the Supreme Court agreed to consider the question of whether a high court could refuse to entertain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 on the ground that the applicant did not approach a sessions court first. In March 2020, a five-judge bench of the Allahabad High Court clarified that …

HC Can Transfer Civil Cases from One State to Another if it is Common for Both States: SC
1 year, 9 months ago

HC Can Transfer Civil Cases from One State to Another if it is Common for Both States: SC

News 18  

In a significant verdict, the Supreme Court Tuesday held that a high court can transfer a civil lawsuit from one state to another if it is common and has jurisdiction over both the states. A bench comprising Justices Hrishikesh Roy and Dipankar Datta referred to relevant provisions of the CPC and ruled that the apex court is the sole authority …

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