Cancerous To The Justice Delivery System If Hostile Witnesses Believe They Are Beyond The Rule Of Law: Bombay High Court
4 years, 1 month ago

Cancerous To The Justice Delivery System If Hostile Witnesses Believe They Are Beyond The Rule Of Law: Bombay High Court

Live Law  

The Aurangabad Bench of the Bombay High Court in a recent order observed that the courts cannot "turn a blind eye to the menace of hostile witnesses," while directing the trial court to take action against five witnesses whose evidence resulted in the acquittal of a 75-year-old woman. A division bench of Jusitces Ravindra Ghuge and BU Debadwar said that even though respect for the law cannot be guaranteed by the threat of legal action, it has become necessary to send a "loud and clear" message to society that hostile witnesses shall not be pardoned. The bench held that it was a matter of "great concern" if witnesses turned hostile for "extraneous considerations," as they would then begin to believe they are beyond the reach of law. "This would not only be a serious ailment/ disease to the justice dispensation system, but could as well be cancerous to the rule of law and the justice delivery system," the bench observed.

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History of this topic

Bombay High Court Takes Exception To Lawyers Coming To Court 'Unprepared'
1 month, 3 weeks ago

Bombay High Court Takes Exception To Lawyers Coming To Court 'Unprepared'

Live Law  

The Bombay High Court on Tuesday orally took exception to advocates not coming prepared for their matters, despite the same being listed for hearing.A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale said by not coming properly prepared, these advocates were doing injustice to their own clients along with litigants, whose matters are listed but aren't heard. The …

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 …

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

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

Live Law  

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

'Ensure Trials Aren't Delayed Due To Non-Production Of Accused' : Supreme Court Asks Maharashtra Govt & Bombay HC
3 months, 1 week ago

'Ensure Trials Aren't Delayed Due To Non-Production Of Accused' : Supreme Court Asks Maharashtra Govt & Bombay HC

Live Law  

The Supreme Court granted bail under the Maharashtra Control of Organised Crime Act, 1999, citing prolonged incarceration and delay in trial due to the State's failure to produce the accused on most dates out of 102 dates in the last six years. The Court directed “the Registrar General of the High Court of Judicature at Bombay, Secretary, Home, State of …

Bombay High Court Objects To Trial Court Quoting 'Mahabharata' To Hand Over Death Sentence To Parents, Son; Commutes Penalty To Life Term
4 months, 1 week ago

Bombay High Court Objects To Trial Court Quoting 'Mahabharata' To Hand Over Death Sentence To Parents, Son; Commutes Penalty To Life Term

Live Law  

The Bombay High Court at Nagpur on Wednesday while commuting the death sentence of two men and a woman to life term, objected to the reasoning of the Trial Court, especially for quoting Mahabharata verses.The High Court was dealing with an appeal filed by a family convicted for killing four members of the maternal family over a land dispute.A division …

Bombay High Court grants relief to Rahul Gandhi in RSS defamation case
8 months, 2 weeks ago

Bombay High Court grants relief to Rahul Gandhi in RSS defamation case

India Today  

In a relief for Congress MP Rahul Gandhi, the Bombay High Court on Friday cancelled a magistrate court order allowing a Rashtriya Swayamsevak Sangh functionary to "belatedly" produce additional documents in a criminal defamation case. In 2014, RSS functionary Rajesh Kunte filed a defamation complaint against Rahul Gandhi in Bhiwandi court over a speech given by the Congress leader on …

Bombay High Court Orders Legal Action Against Doctor For Gross Negligence In Postmortem Procedure
1 year ago

Bombay High Court Orders Legal Action Against Doctor For Gross Negligence In Postmortem Procedure

Live Law  

The Bombay High Court recently ordered the Secretary of Health, Government of Maharashtra, and the Commissioner of Police, Thane to take legal action against a medical officer for gross negligence in conducting the postmortem of a deceased in a murder case. “The Secretary, Health, Government of Maharashtra as well as Commissioner of Police Thane are directed to take cognizance of …

Rahul Gandhi moves Bombay High Court in defamation case filed by RSS worker
1 year, 7 months ago

Rahul Gandhi moves Bombay High Court in defamation case filed by RSS worker

India Today  

Congress leader Rahul Gandhi on Monday moved Bombay High Court, contesting a decision made by a Magistrate court related to a defamation complaint filed against him by Rashtriya Swayamsevak Sangh worker. In his complaint before the Bhiwandi Magistrate, Kunte accused Rahul Gandhi of making defamatory statements against the RSS, alleging that the Congress leader held the Hindu outfit "responsible for …

Two lawyers move Bombay High Court for case against cops who assaulted them
1 year, 9 months ago

Two lawyers move Bombay High Court for case against cops who assaulted them

India Today  

Two lawyers who were assaulted inside the Antop Hill police station in Mumbai last month have taken their case to the Bombay High Court. Advocates Sadhana Yadav and Harikesh Mishra have filed a plea seeking the registration of an FIR against Senior police officer Nasir Kulkarni and other personnel who were on duty at the time. The petition alleges that …

Cannot Interfere With ED Case Registered In Another State : Karnataka High Court
2 years ago

Cannot Interfere With ED Case Registered In Another State : Karnataka High Court

Live Law  

The Karnataka High Court has held that it cannot interfere with criminal proceedings initiated by the Directorate of Enforcement in Mumbai merely on the ground that the accused is staying and operating a bank account in Karnataka. A single judge bench of Justice K Natarajan dismissed the petition filed by Vihaan Direct Selling India Private Limited which had approached the …

Interview | Judges must be strong in withstanding the pressure of media trials, says senior advocate Vivek Sood
2 years, 1 month ago

Interview | Judges must be strong in withstanding the pressure of media trials, says senior advocate Vivek Sood

Firstpost  

Ever since the enactment of the constitution more than seven decades ago, legal debates in India had been largely woven around important constitutional issues like fundamental rights, judicial review, independence of the judiciary, the appointment of judges, etc. In a freewheeling chat with Firstpost, Vivek Sood, who is a Senior Advocate at the Supreme Court of India and author of …

Judicial Service Examination- Practice Questions on First Information Report
2 years, 3 months ago

Judicial Service Examination- Practice Questions on First Information Report

Live Law  

In which of the following Case, a Three Judge Bench of Supreme Court considered the judgment in T. T. Antony and explained that the judgment in the said case does not exclude the registration of a complaint in the nature of counter claim from the purview of the Court? Ram Lal Narang Vs. Om Prakash Narang and Another T.T.Antony Vs …

Uphaar Fire Tragedy: Delhi High Court Issues Notice On Plea Against Early Release Of Ansal Brothers In Evidence Tampering Case
2 years, 6 months ago

Uphaar Fire Tragedy: Delhi High Court Issues Notice On Plea Against Early Release Of Ansal Brothers In Evidence Tampering Case

Live Law  

The Delhi High Court on Monday issued notice on a petition moved by Association of Victims of Uphaar Tragedy challenging a Trial Court order releasing real estate barons Sushil Ansal and Gopal Ansal as against the jail term already undergone by them, in the evidence tampering case in connection with the Uphaar fire tragedy that happened in the year 1997. …

Bombay High Court Weekly Round Up: August 29 - September 3 , 2022
2 years, 6 months ago

Bombay High Court Weekly Round Up: August 29 - September 3 , 2022

Live Law  

Nominal Index Nizar Noorali Rangara and Anr. with 11 connected matters 2022 LiveLaw 316 Reports/Judgments Company In Liquidation Cannot Always Avoid Proceedings U/S 138 NI Act, Its Conduct Can Be Weighed In: Bombay High Court Case Title: Nizar Noorali Rangara and Anr. Citation: 2022 LiveLaw 313 The Aurangabad bench of Bombay High Court on Tuesday set aside an order removing …

Bombay High Court Acquits Man On Death Row Convicted Of Double Murder Citing Fabrication Of Evidence
2 years, 10 months ago

Bombay High Court Acquits Man On Death Row Convicted Of Double Murder Citing Fabrication Of Evidence

Live Law  

The Bombay High Court on Friday acquitted Guddu Krish Yadav who was sentenced to death penalty by the Palghar sessions court in 2015 for the double murder of a colleague and his wife by allegedly pouring acid on the sleeping couple as revenge for reporting theft by Yadav to their employer. The Palghar sessions court, on May 9, 2019, convicted …

Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022
2 years, 11 months ago

Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

100 Significant Bombay High Court Judgments Of 2021 In Civil, Constitutional And Criminal Law
3 years, 2 months ago

100 Significant Bombay High Court Judgments Of 2021 In Civil, Constitutional And Criminal Law

Live Law  

As the year comes to an end Live Law brings to you a News Digest of 100 Significant Cases from the Bombay High Court in Civil, Constitutional and Criminal Law 1. Pressing Breasts Without Disrobing Not "Sexual Assault" As Per POCSO Act But Offence Under Sec 354 IPC: Bombay High Court A single bench of Justice Pushpa Ganediwala held that …

High Courts Weekly Roundup [June 28, 2021 To July 4, 2021]
3 years, 8 months ago

High Courts Weekly Roundup [June 28, 2021 To July 4, 2021]

Live Law  

Allahabad High Court 1. "Homeless Persons Should Also Work For The Country, Everything Cannot Be Provided By The State": Bombay High Court Disposing of a public interest litigation seeking relief measures for the homeless and poor persons, a division bench comprising of Chief Justice Dipankar Datta and Justice Girish S Kulkarni orally observed they the homeless persons should also work …

Bombay High Court Reserves Judgment On Maharashtra Govt Plea Challenging Portions Of CBI FIR Against Anil Deshmukh
3 years, 9 months ago

Bombay High Court Reserves Judgment On Maharashtra Govt Plea Challenging Portions Of CBI FIR Against Anil Deshmukh

Live Law  

The Bombay High Court on Wednesday reserved for orders the Maharashtra Government's petition seeking to delete two paragraphs from CBI's corruption FIR against former State Home Minister Anil Deshmukh, alleging that the portions attempt to "destabilise the present government in Maharashtra." On Monday, the Solicitor General submitted that the two paragraphs under challenge are "intrinsically linked" to the corruption allegations …

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 …

Delhi High Court Refuses To Transfer A Declaration Suit Between The Parties To Marriage To Family Courts [Read Order]
4 years, 5 months ago

Delhi High Court Refuses To Transfer A Declaration Suit Between The Parties To Marriage To Family Courts [Read Order]

Live Law  

By way of background, the Delhi High Court in Amina Bharatram v Sumant Bharatram & Others CS OS No. 411/2010 pronounced on 19th July 2016, held that "the Delhi High Court is a "district court" under Section 8 in respect of all matters enumerated in Explanation to Section 7 of the Act &The Delhi High Court does not possess jurisdiction …

Sushant Singh Rajput Case: Why SC Upheld Jurisdiction Of Bihar Police To Register FIR?
4 years, 7 months ago

Sushant Singh Rajput Case: Why SC Upheld Jurisdiction Of Bihar Police To Register FIR?

Live Law  

The Supreme Court on Wednesday held that Bihar police had jurisdiction to register FIR in the Sushant Singh Rajput case at the complaint of his father, and held that transfer of investigation to CBI was valid. This position of law was settled by the Top Court in Satvinder Kaur v. GNCTD, 8 SCC 728, and recently affirmed in Rasiklala Dalpatram …

Can High Court Order Registration Of FIR?: SC Reiterates Observations In Sakiri Vasu Judgment [Read Order]
5 years ago

Can High Court Order Registration Of FIR?: SC Reiterates Observations In Sakiri Vasu Judgment [Read Order]

Live Law  

The High Court could not have directed the registration of an FIR, said the Supreme Court in a judgment delivered today reiterating the observations in celebrated judgment in Sakiri Vasu v. State Of Uttar Pradesh. The bench of Justices NV Ramana, Mohan M. Shantanagoudar and Sanjiv Khanna set aside a High Court order which directed the police to register a …

High Court In Article 226 Proceedings Does Not Adjudicate Correctness Of Allegations In FIR: SC [Read Judgement]
5 years ago

High Court In Article 226 Proceedings Does Not Adjudicate Correctness Of Allegations In FIR: SC [Read Judgement]

Live Law  

The Supreme Court has observed that, writ jurisdiction of the High Court cannot be invoked to adjudicate the correctness of the allegations in an FIR. The bench of Justice Indira Banerjee and Justice Aniruddha Bose said that the intervention can only be in exceptional cases, if the allegations made in the FIR ex facie do not disclose any offence at …

High Courts Weekly Round-Up
5 years, 1 month ago

High Courts Weekly Round-Up

Live Law  

Allahabad High Court Marital Status Of A Daughter Alone Not A Ground For Rejecting Claim For Compassionate Appointment: Reiterates Allahabad HC The Lucknow bench of the Allahabad High Court has reiterated that marital status of a daughter alone cannot be the ground for rejecting her application for compassionate appointment in terms of The U.P. ● Karnataka High Court After Ten …

Bombay High Court : 2019 Highlights
5 years, 2 months ago

Bombay High Court : 2019 Highlights

Live Law  

Like every year, the Bombay High Court in 2019 witnessed a flurry of fresh PILs and petitions filed and pronounced orders/judgements in plenty of old cases.Here is a look at the some of the most significant judgements/orders of the Bombay High Court in the past year. SC sets aside Bombay HC judgement Refusing Additional Time to the Police to file …

Best Of 2018: 15 Significant Judgments Of Delhi HC
6 years, 2 months ago

Best Of 2018: 15 Significant Judgments Of Delhi HC

Live Law  

BEGGING Harsh Mander & Anr V. Union of IndiaThe Delhi High Court decriminalised begging in the national capital, striking down several provisions of the Bombay Prevention of Begging Act as unconstitutional. BEGGING Harsh Mander & Anr V. Union of India The Delhi High Court decriminalised begging in the national capital, striking down several provisions of the Bombay Prevention of Begging …

No Appreciation Of Evidence While Considering Discharge Plea: SC Sets Aside Bombay HC Order Discharging Accused In Loharia Murder Case [Read Order]
6 years, 7 months ago

No Appreciation Of Evidence While Considering Discharge Plea: SC Sets Aside Bombay HC Order Discharging Accused In Loharia Murder Case [Read Order]

Live Law  

‘What has happened in the present case is that the statements recorded in the course of investigation had been weighed, analyzed and appreciated.’The Supreme Court on Thursday revived prosecution of Navi Mumbai builder Sumeet Bachewar in builder Sunil Kumar Loharia murder case, observing that the high court order discharging him was ‘premature’.The bench of Justice Ranjan Gogoi,. ‘What has happened …

Loya Case-Initiate Contempt Against Bombay HC Admin Committee: Jaising, Wind Up Judiciary If The Allegations That Entire System Acting For 'One Man' Is True:Salve
7 years ago

Loya Case-Initiate Contempt Against Bombay HC Admin Committee: Jaising, Wind Up Judiciary If The Allegations That Entire System Acting For 'One Man' Is True:Salve

Live Law  

"The Supreme Court while transferring the Sohrabuddin trial outside of Gujarat had envisaged the starting point of the trial to be the assignment of the case to an appropriate CBI court by the Administrative Committee of the Bombay High Court.judge Utpat had required the personal presence of Amit Shah on June 26, 2014, and at 4 PM on June 25, …

Loya Case-Initiate Contempt Against Bombay HC Admin Committee: Jaising, Wind Up Judiciary If The Allegations That Entire System Acting For 'One Man' Is True:Salve
7 years ago

Loya Case-Initiate Contempt Against Bombay HC Admin Committee: Jaising, Wind Up Judiciary If The Allegations That Entire System Acting For 'One Man' Is True:Salve

Live Law  

"The Supreme Court while transferring the Sohrabuddin trial outside of Gujarat had envisaged the starting point of the trial to be the assignment of the case to an appropriate CBI court by the Administrative Committee of the Bombay High Court.judge Utpat had required the personal presence of Amit Shah on June 26, 2014, and at 4 PM on June 25, …

Judge Loya death case: 'As of now, it was a natural death', says Supreme Court; takes over related Bombay HC cases; next hearing on Feb 2
7 years, 2 months ago

Judge Loya death case: 'As of now, it was a natural death', says Supreme Court; takes over related Bombay HC cases; next hearing on Feb 2

India TV News  

Hearing the death case of CBI judge BH Loya, the Supreme Court today transferred two cases in the matter from Bombay High Court to itself. The top court also asked other high courts not to entertain any PILs on the issue relating to judge Loya's death, and posted the matter for hearing on February 2. In the encounter case, BJP …

SC terms CBI judge BH Loya's death a 'serious matter', asks Maharashtra govt to file response on pleas seeking independent probe
7 years, 2 months ago

SC terms CBI judge BH Loya's death a 'serious matter', asks Maharashtra govt to file response on pleas seeking independent probe

Firstpost  

The Supreme Court on Friday termed as a “serious matter” the issue of alleged mysterious death of special CBI judge BH Loya, who was hearing the Sohrabuddin Sheikh encounter case. New Delhi: The Supreme Court on Friday termed as a “serious matter” the issue of alleged mysterious death of special CBI judge BH Loya, who was hearing the Sohrabuddin Sheikh …

SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties[Read Judgment]
7 years, 5 months ago

SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties[Read Judgment]

Live Law  

A three-Judge Bench of the Supreme Court has summarized the principles that need to be kept in mind by the High Courts while considering a plea for quashing an FIR/ Criminal Proceedings under Section 482 of the Code of Criminal Procedure on the ground of settlement between parties.The Bench comprising Chief Justice of India Dipak Misra, Justice A.M. Khanwilkar and …

High Courts Weekly Round-Up
7 years, 7 months ago

High Courts Weekly Round-Up

Live Law  

Bombay High CourtThe Bombay High Court recently dismissed a petition filed by a 20-year-old engineering student whose admission was rejected by the Directorate of Technical Education for failing to comply with the OBC category.The High Court recently allowed a writ petition filed by an inmate currently lodged in Taloja Central Prison, holding that reasons for rejecting his application for. Bombay …

High Courts Weekly Round-Up
7 years, 11 months ago

High Courts Weekly Round-Up

Live Law  

Bombay High CourtThe Bombay High Court held that there cannot be a fresh FIR on receipt of every subsequent information in respect of the same cognizable offence or the same incident giving rise to one or more cognizable offences.The High Court ordered a probe into Lakhan Bhaiyya fake encounter case.Justice KR Shriram of the High Court on Friday directed its …

High Courts Weekly Round-Up
7 years, 11 months ago

High Courts Weekly Round-Up

Live Law  

Bombay High CourtThe Bombay High Court held that there cannot be a fresh FIR on receipt of every subsequent information in respect of the same cognizable offence or the same incident giving rise to one or more cognizable offences.The High Court ordered a probe into Lakhan Bhaiyya fake encounter case.Justice KR Shriram of the High Court on Friday directed its …

High Courts Weekly Round-Up
8 years ago

High Courts Weekly Round-Up

Live Law  

Bombay High CourtThe Bombay High Court held that an arbitral tribunal does not have the power to appoint the court receiver of the high court as a receiver under Section 17 of the Arbitration and Conciliation Act.On Tuesday, the High Court directed all government-run hospitals to take action against doctors on strike ‘as per law’, apart from ‘initiating contempt. On …

High Courts Weekly Round-Up
8 years, 4 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtThe High Court of Allahabad on Tuesday dismissed a petition seeking Central Bureau of Investigation probe into the lynching of Mohammad Akhlaq in Dadri last year.Bombay High CourtA division bench of the Bombay High Court directed the Maharashtra government to provide details about those persons who are given police protection by the state without being charged for it. …

High Courts Weekly Round-Up
8 years, 4 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtThe High Court of Allahabad on Tuesday dismissed a petition seeking Central Bureau of Investigation probe into the lynching of Mohammad Akhlaq in Dadri last year.Bombay High CourtA division bench of the Bombay High Court directed the Maharashtra government to provide details about those persons who are given police protection by the state without being charged for it. …

High Courts Weekly Round-Up
8 years, 5 months ago

High Courts Weekly Round-Up

Live Law  

Bombay High CourtThe Bombay High Court in Rajendra vs. State Of Maharashtra, held that the cognisance of offences punishable under Chapter IV of the Drugs and Cosmetics Act, 1940, cannot be taken on the basis of the charge sheet filed by the police under section 173 of the Code of Criminal Procedure. Bombay High Court The Bombay High Court in …

High Courts Weekly Round-Up
8 years, 5 months ago

High Courts Weekly Round-Up

Live Law  

Bombay High CourtThe Bombay High Court in Rajendra vs. State Of Maharashtra, held that the cognisance of offences punishable under Chapter IV of the Drugs and Cosmetics Act, 1940, cannot be taken on the basis of the charge sheet filed by the police under section 173 of the Code of Criminal Procedure. Bombay High Court The Bombay High Court in …

High Courts Weekly Round-Up
8 years, 10 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High courtAllahabad High Court dismissed a writ petition by Lok Prahri challenging the constitutional validity of the amendments made by Parliament to the Salary, Allowances and Pension of Members of Parliament Act, 1954 and also of the provisions by which Parliament has legislated to provide for pension and for the grant of facilities to former members of Parliament.Bombay. Allahabad …

High Courts Weekly Round-Up
9 years, 2 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtAllahabad High Court held that Section 36 and of the Industrial Disputes Act, which disentitles a party to be represented by an Advocate unless with the consent of opposite parties and leave of Labour court, is not violative of Section 29/30 of the Advocates Act read with Article 19 of the Constitution of India. Allahabad High Court Allahabad …

Proposal to elevate Bombay High Court Chief Justice Mohit Shah is strange and shocking; Prashant Bhushan
10 years, 1 month ago

Proposal to elevate Bombay High Court Chief Justice Mohit Shah is strange and shocking; Prashant Bhushan

Live Law  

Reacting to Senior Advocate Dushyant Dave’s letter to Chief Justice of India against the proposal to elevate Bombay High Court Chief Justice Mohit Shah, Activist lawyer Prashant Bhushan told Live Law that "The reported proposal to elevate Justice Mohit Shah to the Supreme Court is strange and shocking in the light of his reported rejection by the previous collegium on …

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