'Judicial Indiscipline' : P&H High Court Recommends Departmental Action Against Magistrate For Violating HC Direction
2 years, 9 months ago

'Judicial Indiscipline' : P&H High Court Recommends Departmental Action Against Magistrate For Violating HC Direction

Live Law  

A single bench of the Punjab and Haryana High Court has recommended departmental action against a Chief Judicial Magistrate for violating a High Court direction in a case.Observing that the Magistrate's action not only showed lack of understanding of fundamental principles of law but also reflected judicial indiscipline, Justice Manoj Bajaj referred the matter to the Chief Justice for. A single bench of the Punjab and Haryana High Court has recommended departmental action against a Chief Judicial Magistrate for violating a High Court direction in a case. Observing that the Magistrate's action not only showed lack of understanding of fundamental principles of law but also reflected judicial indiscipline, Justice Manoj Bajaj referred the matter to the Chief Justice for initiating departmental action. "This Court has no hesitation in holding that Chief Judicial Magistrate, Yamuna Nagar has passed the impugned order by giving irrational reasons, which not only show his dearth of understanding criminal jurisprudence and fundamental principles of law, but also reflect judicial indiscipline on his part, which amounts to grave misconduct and warrants departmental action against him," Justice Bajaj observed in the order.

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History of this topic

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas
3 days, 9 hours ago

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas

Live Law  

The Punjab & Haryana High Court imposed a cost of Rs.5 lakh on litigant who repeatedly abused the process of court by filing successive pleas and suppressed “crucial fact.” The plea was filed challenging the resumption order of a land which was allotted to the petitioner subject to certain conditions. A bench of Justice Arun Palli and Justice Vikram Aggarwal …

Inappropriate For High Court To Seek Explanation From Judicial Officer By Judicial Order : Supreme Court
6 days, 8 hours ago

Inappropriate For High Court To Seek Explanation From Judicial Officer By Judicial Order : Supreme Court

Live Law  

A higher court cannot seek an explanation from a judicial officer by a judicial order, stated the Supreme Court, while expugning the adverse remarks made by the Rajasthan High Court against a District & Sessions Judge.The explanation can be sought only on the administrative side, the Supreme Court stated. A higher court cannot seek an explanation from a judicial officer …

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
1 week, 5 days ago

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC

Live Law  

The Kerala High Court has said that it is well-established that the High Court can under Article 226 of the Constitution consider the legality of orders passed by Tribunals, adding that it has ample powers to issue directions even when such reliefs are not specifically sought in the plea before the Tribunal. However, the High Court ordered that the disciplinary …

P&H High Court Enhances Fine In Double Murder Case To ₹2 Lakhs, Says There Should Be No Disparity Of Amount Between Co-Convicts
2 weeks ago

P&H High Court Enhances Fine In Double Murder Case To ₹2 Lakhs, Says There Should Be No Disparity Of Amount Between Co-Convicts

Live Law  

The Punjab & Haryana High Court has upheld the conviction in a double murder case of four convicts, observing that the fine of Rs.50,000 imposed on one convict was "extremely minimal" and there should not be a disparity of fine amount among co-convicts.Justice Sureshwar Thakur and Kuldeep Tiwari said, "the imposition of the fine amount of Rs.50,000/- upon the convict.Gurdev …

Supreme Court To Hear Jharkhand IAS Officer's Plea Against HC Refusing To Hear Challenge To ECI Direction For Disciplinary Action
2 weeks, 3 days ago

Supreme Court To Hear Jharkhand IAS Officer's Plea Against HC Refusing To Hear Challenge To ECI Direction For Disciplinary Action

Live Law  

The Supreme Court today issued notice on a plea involving the issue as to whether the Election Commission of India's direction to state government to take disciplinary action against a District Election Officer ought to be challenged before the jurisdictional High Court or the Central Administrative Tribunal.A bench of Justices Hrishikesh Roy and Pankaj Mithal called for the response of …

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
3 weeks ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

Shortage Of Judge's Accommodation: Punjab & Haryana HC Summons Chief Secy's, Says Issue Affects Administration Of Justice
3 weeks, 3 days ago

Shortage Of Judge's Accommodation: Punjab & Haryana HC Summons Chief Secy's, Says Issue Affects Administration Of Justice

Live Law  

Observing that the acute shortage of accommodation for judicial officers is adversely affecting the quality of administration of justice especially, when the new batch of Civil Judges would be joining within two months, the Punjab & Haryana High Court has summoned the Chief Secretaries of both the States to be present virtually.Chief Justice Sheel Nagu and Justice Anil Kshetarpal also. …

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court
1 month ago

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court

Live Law  

While directing restoration of the criminal proceedings against Kerala MLA Antony Raju in an evidence tampering case, the Supreme Court today held that the bar on taking of cognizance under Section 195 CrPC was not attracted in the case, as the proceedings were initiated against Raju pursuant to a judicial order. "the initiation of the present proceedings in the present …

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs
1 month ago

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs

Live Law  

Rajasthan High Court has set aside the penalty of compulsory retirement imposed upon an Additional District and Sessions Judge in 2015 for allowing the second bail application filed by a murder accused, despite having knowledge of the fact that the first bail application was rejected by the High Court and there was a pending transfer petition in front of the …

Contempt Action Should Be Avoided When Order For Compliance Is Challenged Under Appeal: Punjab & Haryana High Court
1 month, 1 week ago

Contempt Action Should Be Avoided When Order For Compliance Is Challenged Under Appeal: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the contempt court should avoid taking action when the order for compliance is challenged under appeal.Justice Sureshwar Thakur and Sudeepti Sharma said that, "the contempt action has to be sparingly drawn, and, is to be avoided to be drawn, as a measure to coerce the purported errant litigant to make compliances …

Culprit Behind Theft And Fire At Judicial Officer's House Not Brought To Books Yet, Punjab & Haryana High Court Orders Speedy Investigation
1 month, 1 week ago

Culprit Behind Theft And Fire At Judicial Officer's House Not Brought To Books Yet, Punjab & Haryana High Court Orders Speedy Investigation

Live Law  

The Punjab and Haryana High Court has sought speedy investigation in a case pertaining to theft and fire at the residence of Judicial Magistrate posted in Ambala, which took place on October 04. Chief Justice Sheel Nagu and Justice Anil Kshetarpal was hearing a suo moto case initiated after the incident. In pursuance to the same, a status report was …

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court
1 month, 1 week ago

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court set aside the charges framed for contempt of court, observing that the undertaking given by the State counsel following the instruction of the official was not authorised to give the undertaking.A case seeking direction for conducting exam of Kanungo for promotion to the post of Naib Tehsildar was filed, however the same was disposed …

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court
1 month, 1 week ago

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court set aside the charges framed for contempt of court, observing that the undertaking given by the State counsel following the instruction of the official was not authorised to give the undertaking.A case seeking direction for conducting exam of Kanungo for promotion to the post of Naib Tehsildar was filed, however the same was disposed …

'Pained & Shocked' Over Trial Judge Who Held Witness Guilty For Taking Contradictory Stand: P&H HC Refers Matter To CJ, Recommends Training
1 month, 2 weeks ago

'Pained & Shocked' Over Trial Judge Who Held Witness Guilty For Taking Contradictory Stand: P&H HC Refers Matter To CJ, Recommends Training

Live Law  

The Punjab & Haryana High Court has expressed shock over the conduct of a judge who held the witness guilty for giving false statement because he took a contradictory stand before the police and the Court. Justice Sanjeev Prakash Sharma and Justice Sanjay Vashishth said, "We are extremely pained and shocked by the manner by which the concerned Additional Sessions …

Supreme Court Criticises P&H High Court & Punjab Govt For Not Reinstating Judicial Officer Whose Dismissal Was Set Aside By SC
3 months, 1 week ago

Supreme Court Criticises P&H High Court & Punjab Govt For Not Reinstating Judicial Officer Whose Dismissal Was Set Aside By SC

Live Law  

The Supreme Court recently expressed disapproval of the refusal of the Punjab & Haryana High Court and the State of Punjab to reinstate a judicial officer whose dismissal from service was set aside by the Supreme Court in 2022.In 2022, the Supreme Court had set aside the order passed by the Punjab Government in 2009. The Supreme Court recently expressed …

Disciplinary Proceedings Against Judicial Officer Can't Be Quashed Merely For Absence Of Affidavit Supporting Allegations: Orissa High Court
4 months ago

Disciplinary Proceedings Against Judicial Officer Can't Be Quashed Merely For Absence Of Affidavit Supporting Allegations: Orissa High Court

Live Law  

The Orissa High Court has held that disciplinary proceedings initiated against a judicial officer cannot be quashed merely because the allegations, on the basis of which the action was taken, was not supported by a duly sworn-in affidavit. The requirement for sworn affidavits and verifiable material ensures that the process is fair and that decisions are not arbitrary.” Factual Background …

In a special hearing, Supreme Court Bench expunges Punjab and Haryana High Court judge’s remarks against top court
4 months, 2 weeks ago

In a special hearing, Supreme Court Bench expunges Punjab and Haryana High Court judge’s remarks against top court

The Hindu  

A Bench led by Chief Justice of India D.Y. A video capturing the comments by Justice Rajbir Sehrawat of the Punjab and Haryana High Court, in court, was widely circulated on social media, compelling the Chief Justice of India to urge judges to exercise restraint and responsibility while making observations in the course of court proceedings. Although Attorney General R. …

‘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 …

Punjab and Haryana HC criticises SC stay order, forcing top court to take suo motu cognisance
4 months, 2 weeks ago

Punjab and Haryana HC criticises SC stay order, forcing top court to take suo motu cognisance

New Indian Express  

NEW DELHI: In an unusual move, the Punjab and Haryana High Court has criticised a stay order issued by the Supreme Court, leading the top court to take suo motu cognisance of the matter. The case titled 'In Re: Order of Punjab and Haryana High Court Order of July 17, 2024 and Ancillary Issues' will be heard by a bench …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
4 months, 3 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Delhi High Court seeks CBI’s response to Arvind Kejriwal’s bail plea
5 months, 2 weeks ago

Delhi High Court seeks CBI’s response to Arvind Kejriwal’s bail plea

The Hindu  

The High Court on Friday asked the Central Bureau of Investigation to respond to Chief Minister Arvind Kejriwal’s bail plea in the corruption case registered by the agency in connection with the excise policy ‘scam’. Justice Neena Bansal Krishna listed the case for further hearing on July 17, when Mr Kejriwal’s other plea — challenging his arrest by the CBI …

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024
5 months, 3 weeks ago

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024

Live Law  

Nominal Index: State Vs Raj Kumar 2024 LiveLaw 166 Yunius Hussain Vs UT of J&K 2024 LiveLaw 167 Manzoor Hussain Vs UT Of J&K 2024 LiveLaw 168 ABDUL ROUF SHAH Vs ATIQA HASSAN & OTHERS 2024 LiveLaw 169 Vinod Kumar Vs Somi Devi 2024 LiveLaw 170 Sunil Kumar Vs Department of Agriculture J&K 2024 LiveLaw 171 NAZIR AHMAD DAR & …

Punjab & Haryana High Court Issues Bailable Warrant Against IAS Officer To Ensure Appearance In Contempt Case, Imposes 10K Cost For Adjournment
7 months, 1 week ago

Punjab & Haryana High Court Issues Bailable Warrant Against IAS Officer To Ensure Appearance In Contempt Case, Imposes 10K Cost For Adjournment

Live Law  

The Punjab & Haryana High Court has issued bailable warrants against an IAS officer to ensure her presence in a contempt plea filed by a man for allegedly violating the High Court's order and causing "illegal obstruction" in the construction of a plot.Justice Rajbir Sehrawat said, "to ensure the presence of the respondent before this Court on the next date …

Arbitral Tribunal Cant Go Outside Reference Order, Cannot Widen Its Jurisdiction By Dealing With Disputes Not Referred To It: Punjab And Haryana High Court
7 months, 2 weeks ago

Arbitral Tribunal Cant Go Outside Reference Order, Cannot Widen Its Jurisdiction By Dealing With Disputes Not Referred To It: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court single bench of Justice Suvir Sehgal held that an Arbitral Tribunal cannot go outside the reference order by the Punjab State Electricity Regulatory Commission under Section 86 of the Electricity Act, 2003 and cannot widen its jurisdiction by dealing with disputes not referred to it. Observations by the High Court: The High Court noted …

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 …

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue
8 months, 2 weeks ago

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue

Live Law  

The Rajasthan High Court today stayed coercive action till May 27 against a Judicial Magistrate who is facing an FIR for allegedly asking a Rape survivor to strip and show her injuries, last month. Appearing for the petitioner-association, Advocate Deepak Chauhan also drew the attention of the High Court towards the articles published in newspapers related to the alleged incident …

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 …

SC sets aside HC order on Ashok Khemka’s appraisal report
9 months, 1 week ago

SC sets aside HC order on Ashok Khemka’s appraisal report

Hindustan Times  

The Supreme Court on Monday set aside a March 2019 Punjab and Haryana high court order by which the HC had overturned the remarks and grading made by Haryana chief minister ML Khattar in the performance appraisal report of senior IAS officer, Ashok Khemka. HC entered into specialised domain without having expertise The bench said that it was their opinion …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
9 months, 1 week ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

HC Erred In Setting Aside CM's Remarks Against IAS Officer's PAR : Supreme Court Allows Haryana Govt Appeal Against Ashok Khemka
9 months, 1 week ago

HC Erred In Setting Aside CM's Remarks Against IAS Officer's PAR : Supreme Court Allows Haryana Govt Appeal Against Ashok Khemka

Live Law  

The Supreme Court today allowed Haryana government's challenge to a Punjab and Haryana High Court order, which set aside Chief Minister ML Khattar's remarks and overall grade regarding senior IAS Officer Ashok Khemka's Performance Appraisal Report. Against the same, Khemka approached the Punjab and Haryana High Court, which set aside the remarks and overall grade given by the Accepting Authority. …

Should High Court Consult State Govt To Lay Down Criteria For Selection Of District Judges? Supreme Court Asks Haryana Govt
10 months, 1 week ago

Should High Court Consult State Govt To Lay Down Criteria For Selection Of District Judges? Supreme Court Asks Haryana Govt

Live Law  

The Supreme Court on Monday asked if a High Court is required to consult the State Government for laying down the criteria for the selection of District Judges. To which the SG replied, “.nothing remains if the criteria is to be fixed without consultation ….appointment and promotion means anything that forms part of that process because the appointing authority is …

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint
1 year ago

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint

Live Law  

Observing that where the complaint was dismissed and thereafter challenged in the revision petition the accused has right to be heard, the Punjab & Haryana High Court has set aside the order of a Session Court which was passed in revision petition without issuing process to the accused.Justice Jasjit Singh Bedi said, "A perusal of Section 401 Cr.P.C. Observing that …

Don’t hold up trials without stay order: HC to lower courts
1 year, 1 month ago

Don’t hold up trials without stay order: HC to lower courts

Hindustan Times  

The Punjab and Haryana high court has directed the lower courts in Punjab, Haryana and Chandigarh to continue with trial court proceedings unless there is a specific order of stay in the matter in question. The Punjab and Haryana high court has issued “specific directions” to the trial courts to continue with their proceedings unless a stay was granted on …

Kerala high court refuses to suspend conviction of Lakshadweep MP in 2009 attempt to murder case
1 year, 2 months ago

Kerala high court refuses to suspend conviction of Lakshadweep MP in 2009 attempt to murder case

Hindustan Times  

The Kerala high court on Tuesday declined to suspend the conviction of Lakshadweep MP PP Mohammed Faizal in the 2009 attempt to murder case. Faizal and three others had been convicted and sentenced to imprisonment for period ranging from one month to 10 years by a sessions court in Kavaratti for attempting to murder Mohammed Salih, the son-in-law of late …

Punjab & Haryana High Court Issues Guidelines To Check Unnecessary Arrests; Non-Compliance Will Lead To Departmental Enquiry, Contempt Action
1 year, 2 months ago

Punjab & Haryana High Court Issues Guidelines To Check Unnecessary Arrests; Non-Compliance Will Lead To Departmental Enquiry, Contempt Action

Live Law  

The Punjab & Haryana High Court has issued guidelines in compliance with the Supreme Court directions in Md. to ensure that police officers do not make unnecessary arrests and that Magistrates do not casually or mechanically authorize detentions.“The following guidelines are framed by the High Court of Punjab and Haryana at Chandigarh to. “The following guidelines are framed by the …

Madhya Pradesh High Court Directs All State Courts To Strictly Follow Supreme Court's 'Arnesh Kumar Guidelines'
1 year, 3 months ago

Madhya Pradesh High Court Directs All State Courts To Strictly Follow Supreme Court's 'Arnesh Kumar Guidelines'

Live Law  

The Madhya Pradesh High Court on Wednesday issued a circular for all the Sessions and criminal courts in the state directing them to strictly follow the guidelines issued by the Supreme Court in the 2014 Arnesh Kumar Judgment on arrests. Accordingly, the Madhya Pradesh High Court has issued the following guidelines: 11.1 All the State Governments to instruct its police …

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 & …

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal
1 year, 4 months ago

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal

The Hindu  

The Supreme Court on Tuesday set aside an order of a Single Judge Bench of the Kerala High Court suspending the conviction of Lok Sabha member in an attempt-to-murder case. ‘Societal interest’ In January, the Single Judge Bench of the High Court had suspended Mr. Faizal’s conviction on the ground that societal interest lay in averting an expensive election. However, …

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
1 year, 4 months ago

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses

Live Law  

The High Court, in its order passed on May 27, 2022, had adopted the directions issued by the Madhya Pradesh High Court in Rambahor Saket and others vs State of M.P. and reiterated those guidelines as follows- The Supreme Court recently set aside the directions issued by the Punjab & Haryana High Court regarding issuance of summons to prosecution witnesses …

Supreme Court Weekly Round-Up(July 24-30)
1 year, 4 months ago

Supreme Court Weekly Round-Up(July 24-30)

Live Law  

Judgments “Such gross indiscipline on the part of the appellant who was a member of the Armed Forces could not be countenanced. The Supreme Court bench comprising Justices BV Nagarathna and Justice Ujjal Bhuyan was hearing an appeal against the order of NCDRC which had denied the claims of appellant for reimbursement of medical expenses. Supreme Court Dismisses West Bengal …

Substantial Questions Of Law Not Required To Be Formulated In Second Appeals Arising Out Of States Of Punjab & Haryana : Supreme Court
1 year, 4 months ago

Substantial Questions Of Law Not Required To Be Formulated In Second Appeals Arising Out Of States Of Punjab & Haryana : Supreme Court

Live Law  

The Supreme Court observed, that in second appeals arising out of the state of Punjab or the State of Haryana, courts are not required to frame substantial questions of law as per section 100 of the Code of Civil Procedure.The bench of Justices Abhay S. Oka and Sanjay Karol observed that the restraint in interfering with questions of fact under …

Punjab & Haryana High Court Revives Contempt Petition Against Additional Session Judge, Who Acquitted Murder Accused Despite Stay Order
1 year, 5 months ago

Punjab & Haryana High Court Revives Contempt Petition Against Additional Session Judge, Who Acquitted Murder Accused Despite Stay Order

Live Law  

The Punjab & Haryana High Court has revived contempt proceedings against the then Additional Session Judge of Kapurthala, who despite the stay order of the High Court acquitted the accused in a 2016 murder case. A contempt petition was filed against the judge for disobeying the order of the High Court and in 2019 it directed the Registrar Vigilance to …

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court
1 year, 5 months ago

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court

Live Law  

The Rajasthan High Court at Jaipur has reiterated that the inherent powers of the High Court under Section 482 of IPC cannot be invoked to alter or review the final order of a criminal court. does not confer any new powers on the High Court; it only saves the inherent power which the Court possessed before the commencement of the …

Punjab & Haryana HC Bar Association Decides To Boycott Court Of Justice Anil Kshetarpal Over His Alleged Misbehaviour
1 year, 6 months ago

Punjab & Haryana HC Bar Association Decides To Boycott Court Of Justice Anil Kshetarpal Over His Alleged Misbehaviour

Live Law  

The Punjab And Haryana High Court Bar Association today passed a resolution deciding to boycott the Court of Justice Anil Kshetarpal with immediate effect while seeking his transfer to another High Court over his alleged misbehaviour with an advocate.The decision to this effect was taken in an emergent meeting of the Executive Committee which was called to discuss the complaint …

Calcutta HC judge Gangopadhyay says he will abide by SC's order
1 year, 7 months ago

Calcutta HC judge Gangopadhyay says he will abide by SC's order

India Today  

Calcutta High Court judge Justice Abhijit Gangopadhyay Friday night said he will abide by the order of the Supreme Court, which asked the acting Chief Justice of the high court to reassign the West Bengal school jobs "scam" case to another judge. The apex court also stayed in the evening Justice Gangopadhyay's order asking the Supreme Court secretary general to …

Supreme Court Stays HC Order To Punjab Police To Probe Alleged Illegalities In Chandigarh Police's Arrest Of Dentist
1 year, 9 months ago

Supreme Court Stays HC Order To Punjab Police To Probe Alleged Illegalities In Chandigarh Police's Arrest Of Dentist

Live Law  

The Supreme Court on Friday issued notice on a plea by the union territory of Chandigarh against Punjab and Haryana High Court’s direction to the Punjab police to probe allegations against Chandigarh police of illegalities in the arrest of a city dentist last year. A division bench of Justices AS Bopanna and Hima Kohli also stayed the state high court's …

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court
1 year, 11 months ago

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court

Live Law  

The Supreme Court observed that, in excercise of the power of judicial review, the punishment imposed by disciplinary proceedings can be interfered with only if it is 'strikingly disproportionate'.Even in a case where the punishment is found to be disproportionate to the misconduct committed and proved the matter is to be remitted to the disciplinary authority for imposing. The misconduct …

[Article 229] State Can't Object To CJ's Recommendations On HC Staff Service Conditions Unless "Very Good Reasons" Exist: HP High Court Censures Govt
1 year, 11 months ago

[Article 229] State Can't Object To CJ's Recommendations On HC Staff Service Conditions Unless "Very Good Reasons" Exist: HP High Court Censures Govt

Live Law  

The Himachal Pradesh High Court recently held that the power of Chief Justice under Article 229 is paramount in nature and once the Chief Justice takes a progressive step to ameliorate the service conditions of the Officers and staff working under him, the State Government cannot raise objections unless there were very good reasons. The observations were made by a …

Police Officers Not Required To Do 'Moral Policing' : Supreme Court Upholds Dismissal Of CISF Officer Who Harassed Couple At Night
2 years ago

Police Officers Not Required To Do 'Moral Policing' : Supreme Court Upholds Dismissal Of CISF Officer Who Harassed Couple At Night

Live Law  

Police officers are not required to do moral policing, observed the Supreme Court recently while upholding the dismissal of a CISF personnel who was found to have harassed a couple at night.The Court was deciding an appeal filed by the Central Industrial Security Force against a judgment of the Gujarat High Court which directed the reinstatement of a CISF officer …

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