'Trial Court Can't Be A Bystander' : Supreme Court Affirms Uttarakhand HC Direction For Re-Trial In Custodial Death Case
4 years, 1 month ago

'Trial Court Can't Be A Bystander' : Supreme Court Affirms Uttarakhand HC Direction For Re-Trial In Custodial Death Case

Live Law  

The Supreme Court on Thursday affirmed a judgment of the Uttarakhand High Court which ordered a re-trial in a 2005 case of custodial death.A bench headed by Justice D Y Chandrachud dismissed the special leave petition filed by the accused persons against the judgment delivered by the High Court.The case relates to the murder of one Raju Ram in 2005 allegedly at the hands of the revenue. The Supreme Court on Thursday affirmed a judgment of the Uttarakhand High Court which ordered a re-trial in a 2005 case of custodial death. A bench headed by Justice D Y Chandrachud dismissed the special leave petition filed by the accused persons against the judgment delivered by the High Court. On July 9, 2020, a single bench of Justice Ravindra Maithani of the High Court allowed the revision petition to set aside the acquittal and to order a re-trial of the case.

Justice Supreme Court Trial Court Trial Court Uttarakhand Case Accused High Chandrachud Custodial Death Raju Ram  supreme  judgment  death  custodial  officers  justice  high  chandrachud  accused  case  hc  court  direction  uttarakhand  2005  retrial  trial

History of this topic

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction
15 hours, 7 minutes ago

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction

Live Law  

The Punjab & Haryana High Court set aside the conviction in a murder case against multiple accused persons wherein the Trial Court gave a common verdict after reviewing its earlier order directing to try them separately. Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when the earlier passed order by the then learned Additional Sessions Judge, Rewari, on 02.07.2001, wherebys, …

Supreme Court to hear appeals against acquittal in Nithari killings in March
2 days, 15 hours ago

Supreme Court to hear appeals against acquittal in Nithari killings in March

Hindustan Times  

The Supreme Court will hear the appeals challenging the acquittal of Surendra Koli in the Nithari killings on March 25. The bench, also comprising justice Augustine George Masih, directed the top court’s registry to provide the digitised trial court records on the scheduled date of hearing as Koli’s lawyers sought to rely on the same to highlight procedural delays in …

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court
2 days, 16 hours ago

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court

Live Law  

The Supreme Court held that the accused cannot claim acquittal solely on grounds of faulty investigation. It has been a consistent stand of this court that the accused cannot claim acquittal on the ground of faulty investigation done by the prosecuting agency.,'' held Justices Sudhanshu Dhulia and Prasanna B. Varale. Another important principle discussed by the Court was “falsus in …

SC to hear Nithari killings pleas against Koli's acquittal on March 25
Top News
2 days, 18 hours ago

SC to hear Nithari killings pleas against Koli's acquittal on March 25

Hindustan Times  

The Supreme Court on Monday posted for hearing on March 25, a batch of pleas against the acquittal of Surendra Koli, accused in the 2005-06 Noida Nithari killings. A series of appeals against Surendra Koli's acquittal in the 2005–06 Noida Nithari killings were scheduled for consideration by the Supreme Court on Monday, March 25. In 2024, the top court agreed …

'Nobody Can Be Condemned Unheard' : Supreme Court Deletes Adverse Remarks Made By HC Against Advocate Without Opportunity Of Hearing
3 weeks, 1 day ago

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

Live Law  

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

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts
1 month, 1 week ago

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts

Live Law  

The Supreme Court has sounded a word of caution to the Courts to ensure that distant relatives of a husband are not unnecessarily implicated in criminal cases filed at the instance of wife alleging domestic cruelty under Section 498A of the Indian Penal Code.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal made this observation while quashing the criminal …

33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order
3 months, 1 week ago

33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order

Live Law  

While overturning a decision acquitting a man accused of murdering his first wife, the Rajasthan High Court observed that the trial court in its 1992 order had ignored the testimonies of the eyewitnesses due to minor contradictions as well as corroborative evidence, which was a patent error in law. The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri …

Nithari Killings: Should Surendra Koli's Acquittal Be Reversed? Supreme Court Agrees To Hear CBI's Plea
4 months, 3 weeks ago

Nithari Killings: Should Surendra Koli's Acquittal Be Reversed? Supreme Court Agrees To Hear CBI's Plea

ABP News  

The Supreme Court on Wednesday agreed to hear a fresh petition filed by the Central Bureau of Investigation challenging the Allahabad High Court's verdict that acquitted Surendra Koli in the sensational 2006 Nithari serial killings case. In May, the Supreme Court also agreed to hear another plea filed by the father of one of the victims challenging the high court's …

Nithari Killings: SC Agrees to Hear Plea of Victim's Father Against Acquittal of Surendra Koli
8 months ago

Nithari Killings: SC Agrees to Hear Plea of Victim's Father Against Acquittal of Surendra Koli

News 18  

The Supreme Court has agreed to hear a plea challenging Allahabad High Court’s order acquitting Surendra Koli in the 2006 Nithari serial killings case. On October 16, the high court pronounced verdicts on several appeals filed by Koli and Pandher, who were awarded the death penalty by the trial court. Reversing the death sentence given to Koli in 12 cases …

Supreme Court Reiterates Principles To Be Adhered By Appellate Court While Reversing Acquittal
8 months, 2 weeks ago

Supreme Court Reiterates Principles To Be Adhered By Appellate Court While Reversing Acquittal

Live Law  

Recently, the Supreme Court reiterated the principles that must be adhered to by the appellate Court while reversing the decision of acquittal as arrived by the Trial Court. The guiding principles read as follows: “ That the judgment of acquittal suffers from patent perversity; That the same is based on a misreading/omission to consider material evidence on record; That no …

Trial Court Cannot Morally Convict Accused In Absence Of Legal Proof: Karnataka High Court Sets Aside Murder Conviction, Life Sentence
8 months, 3 weeks ago

Trial Court Cannot Morally Convict Accused In Absence Of Legal Proof: Karnataka High Court Sets Aside Murder Conviction, Life Sentence

Live Law  

The Karnataka High Court has set aside the murder conviction and life sentence imposed on three accused of setting ablaze a woman. Citing prosecution's failure to establish its case beyond reasonable doubt, a Division bench of Justice Sreenivas Harish Kumar and Justice S Rachaiah remarked, “It appears that the trial court has morally convicted the accused in the absence of …

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court
1 year ago

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court

Live Law  

The Supreme Court has observed that when the prosecution case is solely based on the circumstantial evidence, then the courts must be vigilant while examining the facts proving the circumstantial evidence i.e., it must be consistent with the hypothesis of the guilt of the accused and should be free from doubts, improbabilities and inconsistencies. Reversing the concurrent findings of the …

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused
1 year, 6 months ago

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused

Live Law  

While setting aside a rape conviction handed down 17 years ago, the Jammu & Kashmir and Ladakh High Court highlighted a crucial failure on the part of the Trial Court to adhere to the mandatory procedure outlined in Section 313 of the Criminal Procedure Code. It emphasized that convicting the appellant-accused solely based on incriminating evidence, without providing an opportunity …

‘Courts Below Failed To Properly Evaluate Evidence’: Supreme Court Acquits Two Convicts In 22 Year Old Murder Case
1 year, 7 months ago

‘Courts Below Failed To Properly Evaluate Evidence’: Supreme Court Acquits Two Convicts In 22 Year Old Murder Case

Live Law  

The Supreme Court recently set aside the conviction of two murder convicts under Sections 302, 34, 201 of IPC and Sections 4, 25 of Arms Act, on the ground that the prosecution failed to prove beyond reasonable doubt that the deceased was last seen alive in the company of the accused near the spot at the relevant time. It was …

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
1 year, 7 months ago

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court

Live Law  

The Supreme Court recently upheld the decision of Madhya Pradesh High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances beyond reasonable doubt. Arguments The Counsel appearing for the State submitted before the Court that the testimony …

Supreme Court Acquits Man Accused Of Murdering Wife 35 Years Ago; Says Conviction Resulted In 'Travesty Of Justice'
1 year, 9 months ago

Supreme Court Acquits Man Accused Of Murdering Wife 35 Years Ago; Says Conviction Resulted In 'Travesty Of Justice'

Live Law  

"In our considered view, the courts below have seriously erred in passing the order of conviction based on incorrect and incomplete appreciation of evidence, causing serious prejudice to the accused, also resulting into travesty of justice", a bench comprising Justices BR Gavai and Sanjay Karol stated after finding serious deficiencies in the case built on circumstantial evidence. The Supreme Court …

'Against Natural Justice': Supreme Court Quashes CBI Investigation Against Former Uttarakhand CM Trivendra Singh Rawat
2 years ago

'Against Natural Justice': Supreme Court Quashes CBI Investigation Against Former Uttarakhand CM Trivendra Singh Rawat

Live Law  

On Wednesday, the Supreme Court of India set aside a Uttarakhand High Court order which had directed the Central Bureau of Investigation to investigate the corruption allegations against former Chief Minister of Uttarakhand Trivendra Singh Rawat. "Applying the law laid down by this Court and considering the fact that the High Court issued impugned directions contained in 155.6 and 155.7 …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]
2 years, 2 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]

Live Law  

Central Excise Tariff Act, 1988 - Modified Vapour Absorption Chiller Machines cannot be categorized as a Heat Pump to avail concessional tariff benefits - The end use of MVAC is to produce Chilled Water. Thermax Ltd v. Commissioner of Central Excise, Pune-1, 2022 LiveLaw 881 Code of Criminal Procedure, 1973; Section 406 - Negotiable Instruments Act, 1881; Section 138 - …

"One Of Most Perfunctory Investigation" : Supreme Court Acquits Man Who Was Sentenced To Death For Alleged Murder Of Wife, Four Kids
2 years, 2 months ago

"One Of Most Perfunctory Investigation" : Supreme Court Acquits Man Who Was Sentenced To Death For Alleged Murder Of Wife, Four Kids

Live Law  

The Supreme Court acquitted a man who was sentenced to death for alleged murder of his wife and his four kids.Without any hesitation and with disappointment, we state that the case on hand is one of most perfunctory investigation, the CJI UU Lalit, Justices S. Ravindra Bhat and JB Pardiwala remarked.Project 39A of the National Law University Delhi gave legal …

Supreme Court Half Yearly Round-Up -[January To June]
2 years, 3 months ago

Supreme Court Half Yearly Round-Up -[January To June]

Live Law  

Employee Who Refuses Promotion Offer Not Entitled To Financial Upgradation Merely Because She Suffered Stagnation : Supreme Court Case Title: Union of India v. Manju Arora Citation: 2022 LiveLaw 1 The Supreme Court observed that if a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be entitled to …

[42 Yr Old Murder Case] "Guilt Not Proved Beyond Reasonable Doubt": Allahabad High Court Upholds Acquittal Order
2 years, 5 months ago

[42 Yr Old Murder Case] "Guilt Not Proved Beyond Reasonable Doubt": Allahabad High Court Upholds Acquittal Order

Live Law  

Holding that the prosecution could not prove the guilt of the accused beyond a reasonable doubt, the Allahabad High Court on Tuesday upheld the acquittal order passed by the trial court in a 42-year-old murder case.The Bench of Justice Om Prakash-VII and Justice Narendra Kumar Johari was essentially dealing with a Government appeal filed against a 1985 jdgment. Holding that …

Supreme Court Stays Karnataka HC Judgment Which Allowed Trial Of Husband For Marital Rape
2 years, 5 months ago

Supreme Court Stays Karnataka HC Judgment Which Allowed Trial Of Husband For Marital Rape

Live Law  

The Supreme Court on Tuesday stayed the judgment of the Karnataka High Court which allowed the trial of a husband for the offence of rape alleged by his wife.A bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli passed an order of ad-interim stay of the High Court's judgment dated March 23, 2022, till …

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines
2 years, 11 months ago

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines

Live Law  

On Thursday the Supreme Court observed that the first appeal from a conviction in a murder case could not have been dismissed after recording the conclusion in general terms and in just four lines. Thereafter, narrating the prosecution's case in brief, the High Court concluded that the prosecution had proved the case beyond reasonable doubt and on proper appraisal of …

Supreme Court Weekly Round Up, October 11 To October 17, 2021
3 years, 2 months ago

Supreme Court Weekly Round Up, October 11 To October 17, 2021

Live Law  

Income Tax Act - Date Of Receipt Of Order Irrelevant For Computing Limitation Under Section 263 : Supreme CourtCase Title : Commissioner of Income Tax, Chennai vs Mohammed Meeran Shahul HameedCitation : LL 2021 SC 572The Supreme Court has held that the date of the receipt of the assessment order has no relevance in computing the limitation period for the …

'Compensate Rape Accused Acquitted After 20 Yrs': BJP Leader Kapil Mishra Moves Supreme Court Seeking Mechanism To Deal With False Criminal Cases
3 years, 9 months ago

'Compensate Rape Accused Acquitted After 20 Yrs': BJP Leader Kapil Mishra Moves Supreme Court Seeking Mechanism To Deal With False Criminal Cases

Live Law  

Bhartiya Janata Party leader Kapil Mishra has moved Supreme Court by way of filing a Public Interest Litigation seeking 'adequate compensation' for Vishnu Tiwari, a rape accused, who was recently acquitted by Allahabad High Court after spending 20 years In Jail. Importantly, the plea states, "The law is being misused and abused by filing fake and malicious complaints and no …

Acquittal Of Rape Accused After 20 Yrs In Jail: NHRC Calls For Report From UP Govt. On Rehabilitation & Action Taken Against Erring Officials
3 years, 10 months ago

Acquittal Of Rape Accused After 20 Yrs In Jail: NHRC Calls For Report From UP Govt. On Rehabilitation & Action Taken Against Erring Officials

Live Law  

The National Human Rights Commission, NHRC, India has taken suo-motu cognizance of the acquittal of a man in a rape case, twenty years after his conviction and has has observed that it seems to be a case of non-application of the Section 433 Cr PC. Significantly, this case is about a 23-year-old man, who was sentenced to life imprisonment by …

Supreme Court Weekly Round Up
4 years, 1 month ago

Supreme Court Weekly Round Up

Live Law  

Siddique Kappan Was Using 'Garb Of Journalism' To Disturb Law & Order In Hathras: UP Govt Tells SC The State of Uttar Pradesh has submitted before Supreme Court that Journalist Siddique Kappan has no locus to approach the Top Court under an Article 32 petition, since he is not in an illegal custody/confinement but is in. Siddique Kappan Was Using …

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