'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder
4 months, 2 weeks ago

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder

Live Law  

A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain dismissed a Petition seeking to set aside the order of the Central Administrative Tribunal. Accordingly, invoking Article 311 of Constitution, the order stated that the Respondent could not be allowed to continue in police services and needed to be dismissed immediately without following the procedure of regular Departmental Proceedings because as per his disclosure statement and the Preliminary Enquiry, his involvement in the case was allegedly proven. In view of the fact that no material had been placed by the respondents herein to satisfy the Court that it was necessary to dispense with a formal enquiry in terms of proviso appended to Clause of Article 311 of the Constitution of India, we are of the opinion that the impugned orders cannot be sustained and they are set aside accordingly.” While deciding the case of the Respondent, the Court relied on excerpts from several judgements including Jaswant Singh v. State of Punja, Union of India v. Tulsiram Patel, UOI v Ram Bahadur Yadav and more. The Court ratified the observations of the Tribunal that before invoking proviso to Article 311 of the Constitution, the Disciplinary Authority had to be satisfied on the basis of the material available on the file that the case was of such a nature where it was not practicable to hold an inquiry in view of a threat, inducement, intimidation, affiliation with criminals etc.

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History of this topic

Delhi Police asks complaint copy from court to file FIR against Arvind Kejriwal and others
3 days, 12 hours ago

Delhi Police asks complaint copy from court to file FIR against Arvind Kejriwal and others

The Hindu  

The Delhi Police on Tuesday told a court here that it has failed comply with its order of lodging an FIR against the former Delhi Chief Minister and Aam Aadmi Party chief Arvind Kejriwal, former MLA Gulab Singh and MCD councillor Nitika Sharma in a case of misusing public money by placing large hoardings in the city. The Station House …

Delhi HC junks plea against 30-year-old order acquitting 16 in 1984 riots case
2 weeks, 3 days ago

Delhi HC junks plea against 30-year-old order acquitting 16 in 1984 riots case

Hindustan Times  

The Delhi high court has refused to accept an appeal put forward by the Delhi Police against a 30-year-old city court’s order to acquit 16 people in connection with a case stemming from the 1984 anti-Sikh riots. While this court is conscious of the large-scale quantum of human lives and property during the 1984 riots, after having seen the quantum …

Maliwal assault case: Delhi Police challenges order on supply of list of documents to Bibhav Kumar
Trending News
2 weeks, 4 days ago

Maliwal assault case: Delhi Police challenges order on supply of list of documents to Bibhav Kumar

Hindustan Times  

New Delhi, Delhi Police on Tuesday sought setting aside of an order over the supply of list of documents to Bibhav Kumar, an aide of former CM Arvind Kejriwal, in the Swati Maliwal assault case. Maliwal assault case: Delhi Police challenges order on supply of list of documents to Bibhav Kumar Justice Vikas Mahajan asked the Delhi Police counsel to …

Delhi court refuses cognisance of chargesheet against ex-AAP MLA Rituraj Jha
3 weeks, 6 days ago

Delhi court refuses cognisance of chargesheet against ex-AAP MLA Rituraj Jha

The Hindu  

A Delhi court has refused to take cognisance of a chargesheet against former AAP MLA Rituraj Govind Jha and others in a case of allegedly defying police order during a protest in March 2024. Since no offence has been made out from the police report, this court declines to take cognisance of the offence,” the judge said in the order …

Delhi High Court clears public servant in negligence case, cites belated sanction
1 month, 3 weeks ago

Delhi High Court clears public servant in negligence case, cites belated sanction

India Today  

Sanction has to be obtained by the prosecuting agency before a court takes cognisance and any subsequent sanction would be futile, the Delhi High Court held recently. Justice Neena Krishna Bansal passed the order in a case where a belated sanction was accorded for prosecution of public servants -- the petitioner, an MCD school principal, and a junior engineer contractor …

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea
2 months, 1 week ago

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea

Live Law  

The Supreme Court today issued notice on the anticipatory bail plea of ex-IAS probationary officer Puja Khedkar, who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission Civil Services Examination, 2022. However, Senior Advocate Siddharth Luthra pointed out that the Delhi High Court has given very strong findings in the impugned order, indicting Khedkar …

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court
3 months ago

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court

Live Law  

While quashing a First Information Report against an accused, the Delhi High Court reiterated that if an accused is found innocent in disciplinary proceedings and the same charges are levelled in the criminal case, then there is no justifiable reason to continue the criminal proceedings. Referring to various decisions of the Supreme Court and the high court Justice Vikas Mahajan …

Delhi HC refuses to stay trial court proceedings against Kejriwal in ED case
4 months, 1 week ago

Delhi HC refuses to stay trial court proceedings against Kejriwal in ED case

Hindustan Times  

The Delhi high court on Tuesday refused to immediately stay the trial court proceedings against former Delhi chief minister Arvind Kejriwal in a case filed by Enforcement Directorate against him for allegedly disobeying the summons issued by the agency in the Delhi excise policy case. A bench of justice Manoj Kumar Ohri refused to halt the proceedings saying that the …

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI
Trending News
4 months, 1 week ago

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

Live Law  

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Findings of the Court: The Court referred to the Standing Order which specified the Guidelines in Clause 3, stating that an …

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI
Trending News
4 months, 1 week ago

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

Live Law  

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Findings of the Court: The Court referred to the Standing Order which specified the Guidelines in Clause 3, stating that an …

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder
4 months, 2 weeks ago

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder

Live Law  

A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain dismissed a Petition seeking to set aside the order of the Central Administrative Tribunal. Accordingly, invoking Article 311 of Constitution, the order stated that the Respondent could not be allowed to continue in police services and needed to be dismissed immediately without following …

Enquiry Officer Acting As Prosecutor And Leading Examination-In-Chief Vitiates Departmental Enquiry: Rajasthan High Court Reiterates
6 months, 2 weeks ago

Enquiry Officer Acting As Prosecutor And Leading Examination-In-Chief Vitiates Departmental Enquiry: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court has reiterated that in a departmental enquiry, if the enquiry officer himself/ herself acted as the prosecutor, the entire departmental enquiry would stand vitiated. It was the case of the petitioner that at the time of conducting the enquiry, the enquiry officer played the role of the presenting officer by asking several questions to the witnesses and …

HC upholds Punjab govt decision of sacking cop without probe
6 months, 2 weeks ago

HC upholds Punjab govt decision of sacking cop without probe

Hindustan Times  

1981 case The Punjab and Haryana high court has upheld the decision of the Punjab government to dismiss a cop from service without a departmental inquiry in 1981. The Punjab and Haryana high court has upheld the decision of the Punjab government to dismiss a cop from service without a departmental inquiry in 1981. “At the relevant time, terrorism was …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 months, 2 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 …

[Article 311] Holding Enquiry Before Dismissal Of Police Officer Can Be Dispensed When 'Not Reasonably Practicable': P&H HC Flags Violation Of Mandatory Provision
9 months, 3 weeks ago

[Article 311] Holding Enquiry Before Dismissal Of Police Officer Can Be Dispensed When 'Not Reasonably Practicable': P&H HC Flags Violation Of Mandatory Provision

Live Law  

The Punjab & Haryana High Court has made it clear that it is mandatory for holding inquiry before dismissing a police officer in accordance with Article 311 of the constitution.As per Article 311, no person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a …

Court allows 5-day police custody of Bibhav Kumar in Swati Maliwal assault case
10 months ago

Court allows 5-day police custody of Bibhav Kumar in Swati Maliwal assault case

Deccan Chronicle  

New Delhi: A Delhi court allowed five-day custodial interrogation of Chief Minister Arvind Kejriwal's aide Bibhav Kumar in the Swati Maliwal assault case, sing the police remand was a “necessity” in the matter. Accordingly, the application moved by the investigating officer is partly allowed and the accused is remanded to police custody for five days,” the court said in its …

Court Can Examine Whether Enquiry Officer Has Taken Into Account Relevant Material: J&K High Court Overturns Dismissal Order Due To 'Perverse' Enquiry Findings
11 months, 1 week ago

Court Can Examine Whether Enquiry Officer Has Taken Into Account Relevant Material: J&K High Court Overturns Dismissal Order Due To 'Perverse' Enquiry Findings

Live Law  

The Jammu and Kashmir and Ladakh High Court has quashed the dismissal order of a Sashastra Seema Bal trooper citing perversity in the enquiry findings. Medical records submitted by Kumar indicated he was subsequently transferred to Government Medical College Hospital, Jammu and Chest Diseases Hospital, Jammu for treatment, finally rejoining duty on 12th March 2003. An enquiry was conducted, and …

SC Refuses to Stay Sai Baba Acquittal
1 year ago

SC Refuses to Stay Sai Baba Acquittal

Deccan Chronicle  

New Delhi: Terming the Bombay High Court order clearing former Delhi University professor G.N. Saibaba and others in the Maoist links case “prima facie well-reasoned”, the Supreme Court on Monday rejected a Maharashtra government application seeking a stay on their acquittal in the case. “Prima facie, we find that the High Court order is well reasoned,” the bench said, with …

Supreme Court Dismisses Plea Seeking Prosecution Of Former Delhi Police Commissioner Rakesh Asthana Under PC Act
1 year, 1 month ago

Supreme Court Dismisses Plea Seeking Prosecution Of Former Delhi Police Commissioner Rakesh Asthana Under PC Act

Live Law  

Today, the Supreme Court dismissed a plea seeking the prosecution of former Special Director of the CBI, DG of BSF, and former Delhi Police Commissioner Rakesh Asthana under the Prevention of Corruption Act. But Delhi High Court based its order on the Punjab and Haryana High Court whereby the Court had declined the transfer of petition to any other agency.” …

Before Issuing Summons U/S 138 NI Act, Only Prima Facie View On Presence Of Basic Ingredients Of The Offence Necessary: Delhi High Court
1 year, 4 months ago

Before Issuing Summons U/S 138 NI Act, Only Prima Facie View On Presence Of Basic Ingredients Of The Offence Necessary: Delhi High Court

Live Law  

Justice Amit Bansal of the Delhi High Court recently upheld summoning orders passed in a complaint case u/s 138 Negotiable Instruments Act, observing that evidence need not be gone into by the MM while conducting inquiry u/s 202 Cr.P.C. “At the stage of issuance of summons, for the purpose of Section 202 of the CrPC read with section 145 of …

Civil Services Exam 2023: Delhi High Court Dismisses Plea Seeking 10% Reduction In CSAT Cut-Off
1 year, 6 months ago

Civil Services Exam 2023: Delhi High Court Dismisses Plea Seeking 10% Reduction In CSAT Cut-Off

Live Law  

The Delhi High Court has dismissed a plea challenging the order of Central Administrative Tribunal which refused to order reduction in cut off for Civil Services Aptitude Test 2023 from 33% to 23%. v. State of Bihar & Ors.,, the division bench of Justice V. Kameshwar Rao and Justice Anoop Kumar Mendriatta said, “The Tribunal had rightly observed that the …

Mere Pendency Of An Appeal Would Not Detract From The Excise Duty Refund Demand: Delhi High Court
1 year, 8 months ago

Mere Pendency Of An Appeal Would Not Detract From The Excise Duty Refund Demand: Delhi High Court

Live Law  

The Delhi High Court has held that the mere pendency of an appeal or an order of stay that may operate would not detract from the obligation of any person claiming a refund to make an application within the period prescribed and computed with reference to the "relevant date". The Central Excise Department asserted that, in light of the plain …

Ensure IOs Are Present In Court When Case Is Taken Up For Hearing: Delhi High Court To Commissioner Of Police
1 year, 10 months ago

Ensure IOs Are Present In Court When Case Is Taken Up For Hearing: Delhi High Court To Commissioner Of Police

Live Law  

The Delhi High Court has asked the Commissioner of Delhi Police to ensure that the investigating officers probing a case are present in court when such a case is taken up for hearing. Expressing displeasure over the failure of an investigating officer in answering certain queries put to him by the court, Justice Rajnish Bhatnagar said:“This has become routine invariable …

‘Investigating Officer Did Not Meet The Obligations’: Supreme Court Reverses Murder Conviction Imposed By Trial Court, Affirmed By High Court
1 year, 10 months ago

‘Investigating Officer Did Not Meet The Obligations’: Supreme Court Reverses Murder Conviction Imposed By Trial Court, Affirmed By High Court

Live Law  

Recently, while reversing a conviction imposed by the Trial Court and affirmed by Chhattisgarh High Court, inter alia, for murder, the Supreme Court noted that the investigating officer did not meet the obligations cast upon him under Chapter XII of Code of Criminal Procedure Code, 1973. As we have noticed above, numerous infirmities affected the conduct of the Investigation Officer …

Delhi excise policy case | Supreme Court refuses to entertain Manish Sisodia’s plea challenging CBI arrest, advises him to approach Delhi HC
2 years ago

Delhi excise policy case | Supreme Court refuses to entertain Manish Sisodia’s plea challenging CBI arrest, advises him to approach Delhi HC

The Hindu  

The Supreme Court on Tuesday refused to intervene at this stage in a petition filed by Deputy Chief Minister Manish Sisodia challenging his arrest in the Delhi excise policy case. Narasimhasaid Mr. Sisodia has alternative remedies available before the High Court and asked him to pursue them instead of directly invoking the jurisdiction of the Supreme Court under Article 32 …

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court
2 years, 3 months ago

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court

Live Law  

The Supreme Court reiterated that the courts ought to refrain from interfering with findings of facts recorded in a departmental inquiry except in circumstances where such findings are patently perverse or grossly incompatible with the evidence on record, based on no evidence.If principles of natural justice have been violated or the statutory regulations have not been adhered to or there. …

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case
2 years, 6 months ago

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case

Live Law  

The Delhi High Court has stayed a Trial Court order recommending suspension of SHO of Kalkaji Police Station and also calling for strict disciplinary action against him, over his non appearance and failure to produce victim in a case registered under Protection of Children from Sexual Offences Act.Justice Anoop Kumar Mendiratta stayed the order till November 25, observing that. The …

Acquittal In Criminal Case Can Be Considered To Determine Punishment In Department Enquiry: Andhra Pradesh High Court
2 years, 6 months ago

Acquittal In Criminal Case Can Be Considered To Determine Punishment In Department Enquiry: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court held that the order of acquittal in a criminal case can be considered in a punishment to be imposed in the departmental enquiry. Brief Facts of the Case The Writ Petition had been filed under Article 226 of the Constitution of India to challenge the Award dated 10.07.2013 by the 1st …

Court Cannot Order Registration Of FIR Against Investigating Officer U/S 218 IPC Sans Inquiry: Gujarat High Court
2 years, 6 months ago

Court Cannot Order Registration Of FIR Against Investigating Officer U/S 218 IPC Sans Inquiry: Gujarat High Court

Live Law  

The Gujarat High Court has clarified that offences under Sections 218 and 219 of the IPC which pertain to a public servant framing incorrect records for saving a person from punishment and making reports in a corrupt manner, cannot be invoked without initiation of inquiry or in absence of any evidence. The Single Judge Bench was hearing a petition by …

Police Officials Making False Statements Before Criminal Court To Protect Fellow Officer Amounts To "Misconduct": Madras High Court
2 years, 7 months ago

Police Officials Making False Statements Before Criminal Court To Protect Fellow Officer Amounts To "Misconduct": Madras High Court

Live Law  

While upholding the disciplinary action against an erring police official, the Madras High Court heavily criticized the manner in which his fellow officials had given false statements before the trial court in the connected criminal case. Justice SM Subramaniam remarked that police officials making false or incorrect statements before the criminal courts could be construed as "misconduct". Justice SM Subramaniam …

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court
2 years, 7 months ago

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court

Live Law  

The Delhi High Court has held that it cannot, while exercising jurisdiction under Article 226 or 227 of the Indian Constitution, in cases of departmental enquiries, re-appreciate evidence which has already been reasonably considered by the departmental authorities. A bench of Justice Chandra Dhari Singh also noted that it was not up to the High Court to adjudge upon the …

Initiation Of Proclamation/ Attachment Process Against Accused Not Bar To Consider His Anticipatory Bail Plea: Delhi High Court
2 years, 10 months ago

Initiation Of Proclamation/ Attachment Process Against Accused Not Bar To Consider His Anticipatory Bail Plea: Delhi High Court

Live Law  

The Delhi High Court has observed that merely because the Central Bureau of Investigation has initiated the process of proclamation or attachment proceedings under sec. 82 or 83 of Cr.PC despite the pendency of the anticipatory bail application before High Court, the same does not bar the consideration of such an application.Section 82 contemplates procedure for issuing proclamation. 82 or …

Acquittal On Failure To Prove Beyond Reasonable Doubt Does Not Oust Disciplinary Proceedings Where Test Is Preponderance Of Probabilities: Delhi HC
2 years, 10 months ago

Acquittal On Failure To Prove Beyond Reasonable Doubt Does Not Oust Disciplinary Proceedings Where Test Is Preponderance Of Probabilities: Delhi HC

Live Law  

The Delhi High Court has observed that an acquittal in criminal proceedings in which the guilt of a person has to be held to have been proved beyond a reasonable doubt, does not preclude the disciplinary proceedings in which the charges of misconduct have to be established on a preponderance of probabilities.Justice Anu Malhotra observed that mere acquittal in the …

Undesirable For Courts To Make Remarks Censuring Action Of Police Officers Unless Strictly Relevant For The Case: Delhi High Court
2 years, 11 months ago

Undesirable For Courts To Make Remarks Censuring Action Of Police Officers Unless Strictly Relevant For The Case: Delhi High Court

Live Law  

The Delhi High Court has observed that it is undesirable for Courts to make remarks censuring the action of police officers unless such remarks are strictly relevant for the case.Justice Jasmeet Singh expunged the remarks made against the Investigating Officer by a Trial Court in a criminal revision case. The Delhi High Court has observed that it is undesirable for …

Police Officer Not Obligated To Register FIR On Information About Offence "Likely To Take Place": Karnataka High Court
2 years, 11 months ago

Police Officer Not Obligated To Register FIR On Information About Offence "Likely To Take Place": Karnataka High Court

Live Law  

The Karnataka High Court has said it is not necessary to register FIR whenever a police officer receives information over the phone or in some other way about an offence which is likely to take place. Court findings: Senior Advocate Hashmath Pasha referred to the judgement in the case of Lalita Kumari vs Government of Uttar Pradesh and Others and …

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC
2 years, 11 months ago

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC

Live Law  

The Delhi High Court has observed that an investigation into the offence and elaborate appreciation of evidence is not required and is rather discouraged at the stage of framing of charges and that only the material prima facie establishing a case against or in favour of the accused is what is significant.Justice Chandra Dhari Singh added that as per the …

Writ To Compel Police To Conduct Investigation Can Be Denied For Not Exhausting Alternative & Efficacious Remedy Under CrPC: Delhi High Court
3 years ago

Writ To Compel Police To Conduct Investigation Can Be Denied For Not Exhausting Alternative & Efficacious Remedy Under CrPC: Delhi High Court

Live Law  

The Delhi High Court has observed that a writ to compel police to conduct an investigation can be denied for not exhausting the alternative and efficacious remedy available under the provisions of the Code of Criminal Procedure. Justice Chadra Dhari Singh however added that such writ may be denied unless the exceptions enumerated in the decision of Apex Court in …

High Court Pulls Up Delhi Police Over Non Appearance Of IOs, Says Criminal Justice Machinery Can't Be Left At Mercy Of Such Officials
3 years, 1 month ago

High Court Pulls Up Delhi Police Over Non Appearance Of IOs, Says Criminal Justice Machinery Can't Be Left At Mercy Of Such Officials

Live Law  

The Delhi High Court recently pulled up the city Police over non-appearance of it's investigating officers before the Court in criminal matters. Justice Chandra Dhari Singh termed the delinquency on the part of Police Department officers as most unfortunate, adding that the same must be strictly dealt with. The criminal justice machinery cannot be left at the mercy of the …

[Matrimonial Dispute] Can't Quash FIR On The Ground That Probe Officer Didn't Conduct Preliminary Enquiry: Allahabad HC
3 years, 1 month ago

[Matrimonial Dispute] Can't Quash FIR On The Ground That Probe Officer Didn't Conduct Preliminary Enquiry: Allahabad HC

Live Law  

The Allahabad High Court has observed that Conducting or not conducting preliminary enquiry is the domain of Investigating Officer on which basis, F.I.R. The Bench of Justice Anil Kumar Ojha observed thus while hearing a 482 CrPC plea filed by the Husband, father-in-law, and mother-in-law of the victim, Seema seeking to quash the entire criminal proceedings arising out of. The …

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court
3 years, 1 month ago

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court

Live Law  

The High Court of Madhya Pradesh, Gwalior Bench recently held that conducting a preliminary enquiry is not sine qua non for issuing a direction for prosecution U/S 195 CRPC and that the Applicant is not entitled for any opportunity of hearing prior to that. The trial court, while passing the judgment, also directed that since the Applicant had intentionally changed …

Delhi High Court Orders Vigilance Inquiry Into Conduct Of Police In Not Registering Rape FIR & Attempting To Strike Compromise
3 years, 1 month ago

Delhi High Court Orders Vigilance Inquiry Into Conduct Of Police In Not Registering Rape FIR & Attempting To Strike Compromise

Live Law  

The Delhi High Court has directed a vigilance inquiry to be conducted by the Deputy Commissioner of Police, to ascertain as to why an FIR alleging rape and sexual assault was not registered and why the matter was allowed to be laid to rest on the basis of a compromise, despite the written complaint disclosing commission of a cognizable offence.Justice …

Criminal Appeal Cannot Be Dismissed As Infructuous Merely Because Appellant Served Out Sentence: Supreme Court
3 years, 4 months ago

Criminal Appeal Cannot Be Dismissed As Infructuous Merely Because Appellant Served Out Sentence: Supreme Court

Live Law  

The Supreme Court observed that an appeal against conviction cannot be treated as infructuous merely for the reason that the convicted appellant had served out the sentence awarded by the Trial Court.Merely for execution of the sentence, an appeal against conviction cannot be treated as infructuous, the bench comprising Justices Dinesh Maheshwari and Vikram Nath said.In this case, a. The …

Employer Can Terminate Service In The Event Of Suppressing Or On Submitting False Information By The Employee: Supreme Court
3 years, 4 months ago

Employer Can Terminate Service In The Event Of Suppressing Or On Submitting False Information By The Employee: Supreme Court

Live Law  

The Supreme Court reiterated that in the event of any suppression or on submitting false information, it is always open for the employer to cancel the candidature or terminate service of the employee/candidate.In the year 1994, the appellant in this case was selected and appointed as Sub-Inspector in Delhi Police Service. The Supreme Court reiterated that in the event of …

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court
3 years, 6 months ago

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court

Live Law  

Observing that an offence of Attempt To Murder will fall under the category of heinous offence, and therefore, has to be treated as a crime against society, the Delhi High Court on Monday refused to quash an FIR registered for an offence under 307/34 IPC. Court's observations At the outset, the Court noted that there was a conflict of opinions …

"Failure Of Police Officers To Take Appropriate Measures For Prosecution Of Delhi Riots Cases Causing Delay In Trials": Court Pulls Up Delhi Police
3 years, 6 months ago

"Failure Of Police Officers To Take Appropriate Measures For Prosecution Of Delhi Riots Cases Causing Delay In Trials": Court Pulls Up Delhi Police

Live Law  

A Delhi Court has pulled up the Delhi Police for failure of its police officers to take appropriate measures for prosecution of Delhi riots cases thereby causing avoiding delay in committal or trials of the cases. Chief Metropolitan Magistrate Arun Kumar Garg observed thus: "Such lackadisical approach on the part of the prosecution as well as the Investigating Agency in …

Plea In Delhi High Court Challenges Appointment Of IPS Officer Rakesh Asthana As Delhi Police Commissioner, Hearing Tomorrow
3 years, 7 months ago

Plea In Delhi High Court Challenges Appointment Of IPS Officer Rakesh Asthana As Delhi Police Commissioner, Hearing Tomorrow

Live Law  

A plea has been filed in the Delhi High Court challenging appointment of IPS Officer Rakesh Asthana as the Delhi Police Commissioner.Filed through Advocate BS Bagga, the plea challenges the order dated July 27 issued by the Central Government granting inter cadre deputation and extension of service to Asthana.The plea A plea has been filed in the Delhi High Court …

Disregard Shown By Senior Officials To Court's Orders Has Grave Consequences On The Rule Of Law In Country: Allahabad High Court
3 years, 9 months ago

Disregard Shown By Senior Officials To Court's Orders Has Grave Consequences On The Rule Of Law In Country: Allahabad High Court

Live Law  

In a significant observation, the Allahabad High Court today observed that the disregard shown by the senior-most officials to the orders passed by the Court has grave consequences on the rule of law in the country.The Bench of Justice Ajay Bhanot further remarked that it has repeatedly noticed the failure of the police authorities to provide instructions to the learned …

Delhi High Court Quashes FIR Seeking 'Unlawful Recovery Of Money' In A Purely Commercial Matter
4 years, 3 months ago

Delhi High Court Quashes FIR Seeking 'Unlawful Recovery Of Money' In A Purely Commercial Matter

Live Law  

The Delhi High Court on Monday reaffirmed that the criminal justice delivery mechanism cannot be misused to seek recovery of money under the garb of Cheating and Criminal Breach of Trust. The Petitioner had also raised the issue of territorial jurisdiction and submitted that the territorial jurisdiction of a court with regard to criminal offence would be decided on the …

Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi
4 years, 4 months ago

Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi

Live Law  

The Delhi High Court on Friday issued notice to the CBI on BJP MP Maneka Gandhi's plea challenging a trial court order rejecting its closure report in a graft case against her and two others and directing further investigation in the matter. The then Special Judge CBI at Patiala House Courts while contemplating the said closure report directed for reinvestigation …

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