Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry
2 years ago

Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry

Live Law  

The Calcutta High Court at Jalpaiguri recently quashed criminal proceedings under section 406 and section 420 of IPC against a DSP, Government Railway Police, on the ground that allegations made against the petitioner did not depict any cognizable offence under the said provisions. The single judge bench of Justice Rai Chattopadhyay observed: “Peculiarly enough in this case the complaint discloses alleged acts of biasness, not affording opportunity of hearing to the complainant by the present petitioner and at the worst, of assault and intimidating him and subjecting him to wrongful confinement…None of these acts would ever fall within the purview of the ingredients of the offence alleged against the accused person/ petitioner. The Trial Court examined the complainant under Section 200 CrPC and issued summons vide order dated May 30, 2022 against the accused persons under sections 406 and 420 IPC after taking the cognizance of the offence and finding that a prima facie case has been made out against the accused persons including the present petitioner. A person may be aggrieved at his emotional level by the behaviour or conduct of any other person, but not every such action would amount to be culpable or criminal unless satisfied to be so, on the anvil of the settled provisions of law justifying necessary ingredients of the offence alleged against that person.” The court further noted that there was no association or bearing of the alleged acts as mentioned in the complaint with ingredients of the offence alleged against the petitioner.

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History of this topic

Madras High Court Declines To Interfere With Order To Register FIR Against News Channel For Allegedly Revealing Identity Of POCSO Victim
2 weeks, 4 days ago

Madras High Court Declines To Interfere With Order To Register FIR Against News Channel For Allegedly Revealing Identity Of POCSO Victim

Live Law  

The Madras High Court has recently refused to interfere with an order of the Special Judge for POCSO cases, Chennai, directing registration of an FIR against a Tamil news channel for allegedly revealing the identity of a victim in a POCSO case. The court was hearing a plea filed by NewsTamil 24x7 represented by its Editor, seeking to set aside …

Calcutta High Court dismisses case against man accused of mocking Mamata Banerjee
3 weeks, 3 days ago

Calcutta High Court dismisses case against man accused of mocking Mamata Banerjee

Op India  

Criminal charges against a man who reportedly made fun of West Bengal Chief Minister Mamata Banerjee and other political figures on YouTube have been dropped by the Calcutta High Court. “After careful scrutiny of the materials available in the case diary, this court does not find any sufficient or cogent evidence or even prima facie case against the present petitioner. …

Calcutta High Court Quashes Case Against Man Accused Of 'Mocking' CM Mamata Banerjee, Other Leaders On YouTube
3 weeks, 3 days ago

Calcutta High Court Quashes Case Against Man Accused Of 'Mocking' CM Mamata Banerjee, Other Leaders On YouTube

Live Law  

The Calcutta High Court has quashed criminal cases against a man who was accused of making derogatory remarks and mocking West Bengal Chief Minister Mamata Banerjee and other political leaders on social media platform YouTube.In quashing the case, Justice Ajay Kumar Gupta held:"After careful scrutiny of the materials available in the case diary, this Court does not find any sufficient …

Supreme Court quashes chargesheet against former Army officer in rape case
3 weeks, 5 days ago

Supreme Court quashes chargesheet against former Army officer in rape case

The Hindu  

The Supreme Court on Tuesday quashed a chargesheet against a former Army officer in an alleged rape case saying it was an "abuse of process of law". Mr. Dubey said seven FIRs against nine different people, including the petitioner, at seven different police stations, were registered at her instance in the last eight years. "Petitioner is a 63-year-old decorated officer …

'Essentially A Conviction Order' : Supreme Court Judge Raises Concerns About Delhi HC's Long Orders In Anticipatory Bail Applications
1 month ago

'Essentially A Conviction Order' : Supreme Court Judge Raises Concerns About Delhi HC's Long Orders In Anticipatory Bail Applications

Live Law  

While dealing with a bail matter, Justice Surya Kant of the Supreme Court today expressed strong disapproval of Delhi High Court orders disposing of anticipatory bail pleas running into 30-40 pages. High Court writing 30-40 pages while disposing of anticipatory bail is hinting the trial court that here is reason for you to convict. Vide the impugned 34-page order of …

Threat Of False Criminal Case Does Not Gain Status Of Abetment To Suicide Without 'Positive Act' Pushing Victim To The Edge: Calcutta HC
1 month ago

Threat Of False Criminal Case Does Not Gain Status Of Abetment To Suicide Without 'Positive Act' Pushing Victim To The Edge: Calcutta HC

Live Law  

The Calcutta High Court has held that a mere threat of implicating someone in a false criminal case, without any positive act that pushes the victim over the edge, would not be sufficient to attract the offence of abetment to suicide under Section 306 of the IPC.Justice Ajoy Kumar Mukherjee held: "There is no material against the petitioners of such …

Senior's reprimand at workplace not criminal offence, Supreme Court rules
1 month, 1 week ago

Senior's reprimand at workplace not criminal offence, Supreme Court rules

India Today  

Senior's admonition at the workplace does not amount to an "intentional insult" requiring criminal proceedings, the Supreme Court has held. The top court said allowing criminal charges to be pressed against individuals in such cases may lead to disastrous consequences, crippling the entire disciplinary atmosphere required in the workplace. A bench of Justices Sanjay Karol and Sandeep Mehta said that …

Courts Must Avoid Disparaging Remarks Which Lower Credibility Of Investigating Authority: Delhi High Court
1 month, 1 week ago

Courts Must Avoid Disparaging Remarks Which Lower Credibility Of Investigating Authority: Delhi High Court

Live Law  

The Delhi High Court has observed that the use of scathing and disparaging remarks which tend to lower the credibility of the investigating authority ought to be avoided by the courts.Justice Amit Mahajan said that strong criticism and vituperative remarks, may have a devastating impact on the reputation and career of police officials which are not only unnecessary but also …

Supreme Court stays Madras High Court order against Chennai Police Commissioner
1 month, 3 weeks ago

Supreme Court stays Madras High Court order against Chennai Police Commissioner

India Today  

The Supreme Court on Monday stayed the Madras High Court’s order calling for an enquiry against Chennai Police Commissioner in connection with the alleged Anna University sexual assault case. The stay, issued by a bench comprising Justices BV Nagarathna and Satish Chandra Sharma, comes in response to a plea by the Tamil Nadu government challenging the high court’s observations against …

CID directed not to precipitate case against C.T. Ravi in derogatory remarks incident till Karnataka High Court decides jurisdiction issue
2 months ago

CID directed not to precipitate case against C.T. Ravi in derogatory remarks incident till Karnataka High Court decides jurisdiction issue

The Hindu  

The High Court of Karnataka on Thursday directed the Criminal Investigation Department not to precipitate till January 30 the criminal case registered against C.T. The interim order would be in operation till the court decides the issue on whether Chairman of the Council has the exclusive jurisdiction to deal with the matters that occur inside the Council, irrespective of whether …

'Punishment Is Not Disproportionate When Officer Displays Negligent And Irresponsible Conduct', Delhi High Court
2 months, 1 week ago

'Punishment Is Not Disproportionate When Officer Displays Negligent And Irresponsible Conduct', Delhi High Court

Live Law  

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur dismissed a Petition challenging an order of punishment awarded to the Petitioner for being irresponsible while supervising an area he was assigned. The Disciplinary Authority issued an Order on 21.11.2014 and a punishment of reduction of salary by three stages for three years with cumulative …

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

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

Live Law  

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

Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC
2 months, 2 weeks ago

Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC

Live Law  

While setting aside a decision of the trial court taking cognizance of offences including rioting in a protest plea, the Jodhpur bench of the Rajasthan High Court reiterated that it was settled law that while taking cognizance of offence on a protest petition the Magistrate should demonstrate his "disagreement with the police report". Pursuant to a complaint being filed against …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Brother-In-Law After 18 Years Of Marriage
2 months, 3 weeks ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Brother-In-Law After 18 Years Of Marriage

Live Law  

The Calcutta High Court has quashed a case against a man accused by his sister-in-law of cruelty. The allegations are general in nature and the petitioner herein has been named only in the cause title of the petition under Section 156 of Cr. "The materials in the case diary also shows that the allegations are general in nature and the …

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him
Trending News
3 months ago

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him

The Hindu  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials
3 months ago

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials

Live Law  

The Allahabad High Court, on Friday, quashed the criminal proceedings initiated by the borrower, Shipra Group, and the Enforcement Directorate against the Indiabulls Group and its officials as arbitral proceedings pursuant to the loan agreements are already underway, a fact which was suppressed by the informant. Observing that the informant had hidden the various proceedings instituted by him in different …

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand
Trending News
3 months, 1 week ago

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand

Live Law  

The Calcutta High Court has quashed a case for abetment of suicide against a man who was accused of abetting his wife's suicide after 15 years of marriage, over the demand of dowry. In quashing the case against the accused, the court noted: "It appears from the record that the sister of defacto complaint/opposite party no.2 committed suicide after 14 …

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
3 months, 1 week ago

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Live Law  

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. The court said: From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
3 months, 1 week ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

Live Law  

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. It is further seen that since the year 2020, when she filed the first case, the complainant has left her matrimonial home and has now after …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
3 months, 1 week ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

Live Law  

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. While the wife had left the husband's house in 2020, she filed a complaint accusing him of cruelty in 2023.Justice Shampa Paul held: The allegations in …

Not Always Possible To Send Notice Before Making Adverse Remarks Against An Authority: Kerala High Court
3 months, 3 weeks ago

Not Always Possible To Send Notice Before Making Adverse Remarks Against An Authority: Kerala High Court

Live Law  

The Kerala High Court while dismissing a case for expunging the adverse remarks made against a police officer, observed that such remarks were absolutely necessary to take an appropriate decision in that order. The officer moved the High Court to remove the adverse remarks made against him in the order of the Special Court. The Supreme Court in Niranjan Patnaik …

Bombay High Court accepts unconditional apology for abusing junior official
3 months, 3 weeks ago

Bombay High Court accepts unconditional apology for abusing junior official

India Today  

The Bombay High Court disposed of a petition that it had initiated after one of the court peons complained about being verbally abused in filthy language by an advocate and a municipal officer who also allegedly tried to physically assault him. A bench of Justices AS Gadkari and Kamal Khata said that they were, inclined to direct the official, Atul …

Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court
3 months, 3 weeks ago

Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court

Live Law  

The Kerala High Court while quashing a case of defamation, observed that the complaint filed in the present case before a lawful authority which was enquired by it, will not attract an offence under Section 500 IPC. "Admittedly, in this case, a complaint is filed before the Chief Minister and before the Director of Pariyaram Medical College, where the 1st …

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

Plea In Calcutta High Court Seeks Recusal Of Jugdes From Hearing Contempt Matter Over Allegedly 'Prejudicial Remarks'
4 months ago

Plea In Calcutta High Court Seeks Recusal Of Jugdes From Hearing Contempt Matter Over Allegedly 'Prejudicial Remarks'

Live Law  

A plea has been moved before the Calcutta High Court seeking the recusal of a division bench comprising Justices Debangsu Basak and Shabbar Rashidi from hearing an ongoing contempt matter due to allegedly prejudicial remarks made by the bench in the course of hearings.According to the petitioner, the bench while hearing the matter made some remarks to the petitioner's advocate …

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy
4 months, 1 week ago

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy

Live Law  

The Calcutta High Court on Wednesday reprimanded a lawyer and his juniors for filing an appeal against a single judge order without either a server or certified copy of the order under challenge. A division bench comprising of Justice Hiranmay Bhattacharya had on an earlier occasion allowed the filing of the appeal without the certified copy of the order. On …

For Offence U/S 504 IPC, Insult Must Provoke Complainant To Breach Public Peace Or Commit Offence: J&K High Court
4 months, 2 weeks ago

For Offence U/S 504 IPC, Insult Must Provoke Complainant To Breach Public Peace Or Commit Offence: J&K High Court

Live Law  

The Jammu & Kashmir High Court, in a recent judgment, quashed the complaint and proceedings against an accused, holding that the provisions under Sections 504 and 506 of the Indian Penal Code were not substantiated by the complaint's allegations. Moreover, the complaint must specify the actual words used to insult.” The court emphasized that a mere assertion of insult without …

For Offence U/S 504 IPC, Insult Must Provoke Complainant To Breach Public Peace Or Commit Offence: J&K High Court
4 months, 2 weeks ago

For Offence U/S 504 IPC, Insult Must Provoke Complainant To Breach Public Peace Or Commit Offence: J&K High Court

Live Law  

The Jammu & Kashmir High Court, in a recent judgment, quashed the complaint and proceedings against an accused, holding that the provisions under Sections 504 and 506 of the Indian Penal Code were not substantiated by the complaint's allegations. Moreover, the complaint must specify the actual words used to insult.” The court emphasized that a mere assertion of insult without …

Delhi HC Expunges Comments Against ED, But Ruling Remains Unclear
4 months, 3 weeks ago

Delhi HC Expunges Comments Against ED, But Ruling Remains Unclear

Live Law  

The Delhi High Court has expunged certain remarks made by a Special Judge (PC Act) against the Directorate of Enforcement (ED) and its Assistant Director. The remarks were made in an order dated 05.10.2024, where the Special Judge stated that the ED failed to take coercive action against the absconding accused and indicated foul play. The High Court observed that …

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
5 months, 3 weeks ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

Supreme Court restores conviction in minor's rape, overturns Calcutta HC's order acquitting man
7 months ago

Supreme Court restores conviction in minor's rape, overturns Calcutta HC's order acquitting man

Live Mint  

The apex court criticised the verdict last year and termed some of the high court's observations “highly objectionable and completely unwarranted.” The Supreme Court of India has today restored the conviction of a man who raped a minor girl after he was acquitted by the Calcutta High Court, which in its judgement asked adolescent girls to "control their sexual urges", …

West Bengal Post-Poll Violence : Supreme Court Sets Aside HC Order Transferring Trial Of One Case, Says No Proper Service Of Notice To Accused
7 months, 1 week ago

West Bengal Post-Poll Violence : Supreme Court Sets Aside HC Order Transferring Trial Of One Case, Says No Proper Service Of Notice To Accused

Live Law  

The Supreme Court on August 9 set aside an order of the Calcutta High Court, transferring the trial commenced at Coochbehar to Special CBI Court at Siliguri in the case lodged in the aftermath of the 2021 West Bengal Legislative Assembly elections for serious offences including murder and rape.The Supreme Court set aside the High Court order on the grounds …

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

Issuing Summons In Defamation Cases Cannot Be A Mechanical Exercise, Requires Proper Application Of Mind: J&K High Court
7 months, 3 weeks ago

Issuing Summons In Defamation Cases Cannot Be A Mechanical Exercise, Requires Proper Application Of Mind: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently underscored the crucial role of magistrates in applying their minds judiciously before issuing processes in criminal complaints, especially those pertaining to defamation. Highlighting the responsibility of a Magistrate in such cases the court remarked, “It cannot be a casual or mechanical exercise, particularly in cases relating to defamation.The responsibility of …

Karnataka High Court Refuses To Discharge Alleged LeT Operative Booked For Conspiring To Kill Hindu Leaders, Govt Officials
7 months, 3 weeks ago

Karnataka High Court Refuses To Discharge Alleged LeT Operative Booked For Conspiring To Kill Hindu Leaders, Govt Officials

Live Law  

The Karnataka High Court has refused to discharge an alleged member of the banned terrorist organisation Lashkar-e-Taiba, who was charged for conspiring to kill Hindu leaders and government officials in 2012. A division bench of Justice Sreenivas Harish Kumar and Justice JM Khazi dismissed the petition filed by Dr. Sabeel Ahmed @ Motu Doctor, who challenged the Sessions court order, …

Direct Govt Officers, Pleaders To Conduct Land Cases Properly; Initiate Action Against Them In Case Of Ex-Parte Decrees: Madras HC To State
8 months, 2 weeks ago

Direct Govt Officers, Pleaders To Conduct Land Cases Properly; Initiate Action Against Them In Case Of Ex-Parte Decrees: Madras HC To State

Live Law  

The Madras High Court has recently directed the State Government to issue appropriate circulars to all District Collectors, competent authorities and to Government Pleaders indicating them to conduct Government-related land cases properly and defend the government on merits and per the law. “In the event of any exparte decrees by the courts or on identification of improper conduct of cases …

Calcutta High Court Directs Release Of Man Arrested For Making Untoward Remarks In Comment Box During CM Mamata Banerjee's Facebook Live-Stream
8 months, 2 weeks ago

Calcutta High Court Directs Release Of Man Arrested For Making Untoward Remarks In Comment Box During CM Mamata Banerjee's Facebook Live-Stream

Live Law  

The Calcutta High Court has ordered the release of a man who was arrested for making allegedly untoward and 'defamatory' comments against certain government functionaries during a Facebook live stream of an administrative meeting held by Chief Minister Mamata Banerjee.A single bench of Justice Amrita Sinha directed the release of the accused upon holding that the police's actions in arresting. …

Sexual harassment case against West Bengal Governor: Victim moves SC
8 months, 3 weeks ago

Sexual harassment case against West Bengal Governor: Victim moves SC

New Indian Express  

The plea, which was filed on Wednesday, before the top court would likely to come up for hearing within a week or so, as per SC registry. The victim pleaded that this court has to decide whether a victim like her can be rendered remediless, as her only option being to wait for the accused to demit his office and …

Allahabad High Court Directs Judicial Officer To Explain Passing Of Two Contradictory Orders On Same Day In Same Case
9 months, 3 weeks ago

Allahabad High Court Directs Judicial Officer To Explain Passing Of Two Contradictory Orders On Same Day In Same Case

Live Law  

The Allahabad High Court has directed the then Additional Chief Judicial Magistrate of Ghaziabad to file his personal affidavit for passing two contradictory orders on the same day in the same case. 8th exception to the persons who can be accused of defamation provides that “it is not defamation to prefer in good faith an accusation against any person to …

Court Under Section 9 Of A&C Act Can Punish For Disobedience Of Its Order, Power Akin To Order 39 Rule 2A Of CPC: Calcutta High Court
10 months, 3 weeks ago

Court Under Section 9 Of A&C Act Can Punish For Disobedience Of Its Order, Power Akin To Order 39 Rule 2A Of CPC: Calcutta High Court

Live Law  

The High Court of Calcutta has held that the Court under Section 9 of the A&C Act can punish for the disobedience of its order. Thereafter, the petitioner approached the Commercial Court under Section 9 of the A&C Act seeking refund of the encashed amount and also restraining the respondent from acting on notice of invocation in respect of the …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
11 months, 2 weeks ago

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the Trial Court can exercise power under Section 311 of CrPC not only on a plea by a party to the trial including accused, prosecution, complainant and witness or on its own volition, but also on a plea of a person "who is seemingly rank stranger to the trial. The Punjab …

SC dismisses West Bengal’s challenge to Calcutta HC’s transfer of probe into the attack on ED’s team at Sandeshkhali to CBI
1 year ago

SC dismisses West Bengal’s challenge to Calcutta HC’s transfer of probe into the attack on ED’s team at Sandeshkhali to CBI

The Hindu  

The Supreme Court on March 11 rejected a petition filed by the State of West Bengal challenging a Calcutta High Court order transferring to the Central Bureau of Investigation the probe into an attack on a team of Directorate of Enforcement officers at Sandeshkhali on January 5. Gavai and Sandeep Mehta, however, ordered expunging certain remarks and observations made against …

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case
1 year ago

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

Live Law  

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156 CrPC to the designated special judge of Indore District Court. “…Since the question of competency and jurisdiction of the court …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Calcutta High Court Refuses Urgent Listing Of Plea Seeking 'Protection' For Women In Violence-Affected Sandeshkhali
1 year, 1 month ago

Calcutta High Court Refuses Urgent Listing Of Plea Seeking 'Protection' For Women In Violence-Affected Sandeshkhali

Live Law  

The Calcutta High Court on Monday refused urgent hearing for a plea seeking orders for the 'protection of women residents' of Sandeshkhali, West Bengal, amidst allegations of sexual violence faced by them from certain miscreants allegedly belonging to the ruling dispensation.Live Law had earlier reported on a suo moto motion taken up by the Calcutta High Court regarding the aforesaid …

Supreme Court turns down petition seeking CBI probe into Sandeshkhali violence
1 year, 1 month ago

Supreme Court turns down petition seeking CBI probe into Sandeshkhali violence

Op India  

On Monday, the Supreme Court dismissed a public interest litigation seeking an investigation by a Special Investigation Team or the Central Bureau of Investigation into the violence in Sandeshkhali village in North 24 Parganas district of West Bengal. The petitioner, Alakh Alok Srivastava, pointed out allegations of sexual violence in Sandeshkhali and highlighted the prior concerns of the apex court …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

Calcutta HC takes suo motu cognisance over sexual assault allegations on women in Sandeshkhali
1 year, 1 month ago

Calcutta HC takes suo motu cognisance over sexual assault allegations on women in Sandeshkhali

New Indian Express  

KOLKATA: The Calcutta High Court on Tuesday took suo motu cognisance of allegations of sexual assault on women “at gunpoint” and transfer of tribal land at Sandeshkhali in West Bengal's North 24 Parganas district. Justice Apurba Sinha Roy directed the registrar general of the high court to issue notice to the state, senior police, and administrative officials in this regard. …

Bombay High Court Issues Contempt Notices To Lawyer, Client For Seeking Judge's Recusal Based On 'Fabricated' News Clipping Against Him
1 year, 1 month ago

Bombay High Court Issues Contempt Notices To Lawyer, Client For Seeking Judge's Recusal Based On 'Fabricated' News Clipping Against Him

Live Law  

The Bombay High Court has directed registration of a suo motu contempt petition against lawyers - Zoheb Merchant and Minal Chandnani, and their client for using a fabricated news article with scandalous allegations against a judge to get him to recuse himself from hearing the case. On November 08, 2023, when the matter came up for hearing a praecipe was …

When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court
1 year, 2 months ago

When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court

Live Law  

The Supreme Court in a recent order observed that when the High Court was called upon to invoke power under Section 482 Cr.P.C to quash a criminal case, it was incumbent upon the High Court to consider the question whether the allegations would constitute the offence alleged against the person-accused. While setting aside an order of a High Court which …

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