Section 482 Cr.P.C :Recent Supreme Court Judgments
5 years, 6 months ago

Section 482 Cr.P.C :Recent Supreme Court Judgments

Live Law  

Petition For Quashing FIR Can Be Entertained Even If Charge sheet Is Filed During Its PendencyIn Anand Kumar Mohatta vs State Supreme Court held that High Courts can entertain a petition filed under Section 482 CrPC seeking quashing of FIR, even if the charge sheet is filed during the pendency of that petition. Petition For Quashing FIR Can Be Entertained Even If Charge sheet Is Filed During Its Pendency In Anand Kumar Mohatta vs State Supreme Court held that High Courts can entertain a petition filed under Section 482 CrPC seeking quashing of FIR, even if the charge sheet is filed during the pendency of that petition. HC Can't Act Like An Investigating Agency While Exercising Inherent Powers Under S.482 CrPC Supreme Court, in Dineshbhai Chandubhai Patel v State of Gujarat, observed that the high court, while exercising inherent powers under Section 482 of the Criminal Procedure Code, in order to examine as to whether the factual contents of the FIR disclose any prima facie cognizable offence or not, cannot act like an investigating agency and nor can it exercise powers like an appellate court. Therefore, the ultimate conclusion in paragraphs 29.6 and 29.7 of the decision of this Court in the case of Narinder Singh should be read harmoniously and to be read as a whole and in the circumstances stated hereinabove; v) while exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc.

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History of this topic

High Court Can't Ordinarily Reappreciate Evidence In Article 226 Proceedings : Supreme Court
2 days, 6 hours ago

High Court Can't Ordinarily Reappreciate Evidence In Article 226 Proceedings : Supreme Court

Live Law  

The Supreme Court reiterated that the High Court cannot reappreciate the evidence unless the appropriate Court has exceeded its jurisdiction or acted perversely. “It is a well-established principle that the High Court, while exercising its jurisdiction under Article 226 of the Constitution of India, cannot reappreciate the evidence and arrive at a finding of facts unless the authorities below had …

Madhya Pradesh High Court Annual Digest Part II : Citations 134-338
2 days, 11 hours ago

Madhya Pradesh High Court Annual Digest Part II : Citations 134-338

Live Law  

Citations: 2024 LiveLaw 134 to 2024 LiveLaw 338 Married Woman Cannot Prosecute Accused For Rape On False Promise To Marry, Her Consent Not Based On Misconception: MP High Court Case Title: Abhishek Arjariya Vs. Music Band Training Optional For Police Constables, Can't Send Them For Band Practice Without Written Consent: MP High Court Case Title: Pankaj Shukla And Others Versus …

High Court Which Appointed Arbitrator U/S 11(6) Of Arbitration Act Cannot Be Classified As “Court” U/S 42: Himachal Pradesh HC
3 days, 9 hours ago

High Court Which Appointed Arbitrator U/S 11(6) Of Arbitration Act Cannot Be Classified As “Court” U/S 42: Himachal Pradesh HC

Live Law  

The Himachal High Court bench of Ms. Justice Jyotsna Rewal Dua has held that the High Court which exercises original civil jurisdiction cannot be classified as 'Court' for the purpose of Section 42 of the Arbitration and Conciliation Act when it merely appointed arbitrators under Section 11 of the Act. Section 42 of the Act will not be attracted where …

Madhya Pradesh High Court Annual Digest Part 1: Citations 1-133
6 days, 11 hours ago

Madhya Pradesh High Court Annual Digest Part 1: Citations 1-133

Live Law  

Citations: 2024 LiveLaw 1 To 2024 LiveLaw 133 The appellant in this case held lease hold rights on behalf of Indian Oil Company qua a retail outlet at Satna. Wife's Refusal To Consummate Marriage Amounts To Mental Cruelty, Ground For Divorce: MP High Court Title: Sudeepto Saha v. Moumita Saha Citation: 2024 LiveLaw 6 The Madhya Pradesh High Court has …

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court
6 days, 12 hours ago

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court

Live Law  

The Supreme Court observed that apart from exercising its power to quash a criminal case under Section 482 Cr.P.C., the High Court can also exercise powers under Article 226 of the Constitution to quash the criminal case to prevent misuse of the law. “It is true that normally, quashing of criminal proceedings would be sought and would be done in …

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court
1 week, 3 days ago

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court

Live Law  

The Supreme Court on December 20 set aside an order passed by the High Court of Bombay dated April 26, 2016. The Appellants sought rejection of the said plaint by filing an application under Order VII Rule 11 of the Civil Procedure Code, 1908 on grounds that the suit was barred by limitation. However, the trial Court erroneously dismissed the …

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court
2 weeks, 5 days ago

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court

Live Law  

The Jharkhand High Court has under Order 23 Rule 2 of the Civil Procedure Code, the limitation period for a fresh suit instituted with court permission applies as if the original suit had never been filed. Order 23 CPC pertains to withdrawal and adjustment of suits wherein Rule 2 states that in any fresh suit instituted on permission granted under …

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court
3 weeks, 6 days ago

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court

Live Law  

The Bombay High Court bench of Justices Shailesh P. Brahme and S.G. Mehare has held that the jurisdiction of the High Court under Article 226/227 of the Constitution is not excluded from examining the validity of the interlocutory orders passed by the Arbitrator. S.B.P and Co. the Supreme Court has held that “the object of minimizing judicial intervention while the …

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
4 weeks, 1 day ago

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

Live Law  

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

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
1 month ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

Court Not Having Jurisdiction To Entertain Application U/S 34 Cannot Go Into Merits Of Award: Himachal Pradesh High Court
1 month ago

Court Not Having Jurisdiction To Entertain Application U/S 34 Cannot Go Into Merits Of Award: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that once the court comes to the conclusion that it didn't have jurisdiction to entertain the application under section 34 of the Arbitration Act, it cannot go into the merits of the case. The court in the impugned order held that as per the law laid down …

Arbitration Weekly Digest 11th November-17 th November 2024
1 month, 2 weeks ago

Arbitration Weekly Digest 11th November-17 th November 2024

Live Law  

Supreme Court Case Title: GOQII TECHNOLOGIES PRIVATE LIMITED VERSUS SOKRATI TECHNOLOGIES PRIVATE LIMITED, Citation : 2024 LiveLaw 891 In a recent decision, the Supreme Court reiterated that the referral courts under Section 11 of the Arbitration & Conciliation Act, 1996 should refrain from conducting an in-depth factual analysis of the dispute. Calcutta High Court Case Title: MINTECH GLOBAL PRIVATE LIMITED …

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court
1 month, 2 weeks 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 …

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court
1 month, 3 weeks ago

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court

Live Law  

Reiterating that the High Court, as a court of record, derives its power to review judgments under Article 215 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized its obligation and duty to maintain accurate records within its jurisdiction, ensuring justice prevails in accordance with the law. Clarifying the mandate and obligation of the …

High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court
1 month, 3 weeks ago

High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Manish Pitale has held that the moment it becomes clear that the power under Section 11 of the Arbitration Act is being exercised by the “High Court” and not by an authority in the form of the “Chief Justice or any person or institution designated by him”, there can be no confusion about …

Supreme Court Issues Notice On Union Minister Shivraj Singh Chouhan's Plea To Quash Vivek Tankha's Criminal Defamation Case
1 month, 4 weeks ago

Supreme Court Issues Notice On Union Minister Shivraj Singh Chouhan's Plea To Quash Vivek Tankha's Criminal Defamation Case

Live Law  

The Supreme Court on Monday exempted Union Minister Shivraj Singh Chouhan from a bailable warrant issued in a criminal defamation case filed against him by Senior Advocate and Rajya Sabha MP Vivek Tankha, subject to his participation in the proceedings.The Court also issued notice on the plea of Chouhan challenging the Madhya Pradesh High Court's order which refused. The Supreme …

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity
Trending News
2 months, 2 weeks ago

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Live Law  

The Supreme Court has set aside the High Court's decision dismissing an objection to a decree on the grounds of misapplication of provisions. The court observed that procedural irregularity cannot defeat substantive rights and that the party in whose favor a substantial right has been generated cannot be denied the enjoyment of the right because of some mistake, negligence, inadvertence, …

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity
Trending News
2 months, 2 weeks ago

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Live Law  

The Supreme Court has set aside the High Court's decision dismissing an objection to a decree on the grounds of misapplication of provisions. The court observed that procedural irregularity cannot defeat substantive rights and that the party in whose favor a substantial right has been generated cannot be denied the enjoyment of the right because of some mistake, negligence, inadvertence, …

High Court Allows Writ Petition to Challenge District Judge's Interpretation of Law
2 months, 2 weeks ago

High Court Allows Writ Petition to Challenge District Judge's Interpretation of Law

Live Law  

The Delhi High Court has allowed a writ petition filed under Article 227 to overturn the order of the District Judge dismissing a Section 34 petition. The Court observed that the interpretation of Section 42 of the A&C Act by the District Judge was completely erroneous and that the petition could only have been filed in the High Court. The …

MP High Court Pulls Up Then Gwalior Collector For Demolishing Shops Despite Interim Protection Order, Refrains From Initiating Contempt
4 months ago

MP High Court Pulls Up Then Gwalior Collector For Demolishing Shops Despite Interim Protection Order, Refrains From Initiating Contempt

Live Law  

The Gwalior bench of the Madhya Pradesh High Court in a plea against lease termination and subsequent demolition of certain shops in 2022 expressed its displeasure with the then Collector, Gwalior for "giving a lame excuse" that since he was not a party to the matter he was unaware about the court's interim order protecting the shopkeepers from dispossession. A …

Supreme Court Stays HC Order Which Set Aside Discharge Of TN Ministers KKSSR Ramachandran & Thangam Thenarasu In DA Case
4 months ago

Supreme Court Stays HC Order Which Set Aside Discharge Of TN Ministers KKSSR Ramachandran & Thangam Thenarasu In DA Case

Live Law  

The Supreme Court on Friday stayed the order of the Madras High Court which set aside the discharge of Tamil Nadu Ministers KKSSR Ramachandran,Thangam Thenarasu and their spouses in disproportionate assets cases.A bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra passed the interim order while issuing notice on their special leave petitions.Senior Advocates. The Supreme Court on Friday stayed …

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court
4 months, 1 week ago

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court

Live Law  

The Kerala High Court has held that there is almost an an absolute bar on challenging the final order or judgment passed by a Sessions Court in appeal, under Article 227 of the Constitution. Justice Bechu Kurian Thomas referred to multiple Supreme Court decisions which held that a person cannot approach the High Court under Article 227 when there is …

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court
4 months, 2 weeks ago

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently ruled that the inherent powers under Section 482 of the Cr.P.C. The petitioners had also cited the Supreme Court's ruling in Gian Singh v. State of Punjab,, to support their argument that the High Court could quash FIRs even in cases involving compoundable offences. Joshi v. State of Haryana,, to reinforce that the inherent …

Limitation Act | Justice-Oriented Approach Though Liberal, Cannot Be Used To Defeat Substantial Law: Himachal Pradesh High Court
4 months, 2 weeks ago

Limitation Act | Justice-Oriented Approach Though Liberal, Cannot Be Used To Defeat Substantial Law: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court, in a recent judgment held that though the justice-oriented approach in dealing with condonation of delay is liberal, it cannot be used to defeat the provisions of substantial law. Justice Dua reiterated the principle put forward by the Apex Court that “in order to advance substantial justice, though liberal, justice-oriented approach and cause of substantial …

Supreme Court Weekly Round-Up (12 August-17 August, 2024)
4 months, 2 weeks ago

Supreme Court Weekly Round-Up (12 August-17 August, 2024)

Live Law  

Live Law has got you covered with all the latest updates of this last week. Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition Case details: State of Himachal Pradesh & Ors v. Balbir Singh & Anr, Diary No. Supreme Court Dismisses ED's Plea Against HC Order Allowing NDTV To Seek Compounding Of Alleged FEMA …

West Bengal Post-Poll Violence : Supreme Court Sets Aside HC Order Transferring Trial Of One Case, Says No Proper Service Of Notice To Accused
4 months, 3 weeks 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 …

‘Scandalous’: CJI DY Chandrachud lambasts high court's unusual criticism of Supreme Court
5 months ago

‘Scandalous’: CJI DY Chandrachud lambasts high court's unusual criticism of Supreme Court

Hindustan Times  

The Supreme Court on Wednesday called the criticism of the Punjab and Haryana High Court of its verdict scandalous and unnecessary. Hearing a suo moto case over the high court's unusually harsh observations, a bench headed by Chief Justice of India DY Chandrachud said the Supreme Court was pained by the remarks. The Supreme Court on Tuesday took suo motu …

SC bench to hear Punjab HC’s criticism of its order
5 months ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court
5 months, 2 weeks ago

[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court

Live Law  

The Bombay High Court has held that under Section 9-A CPC Act, 2018), a Trial Court cannot frame an issue which has the effect of disposing of the suit only in part. The petitioners/plaintiffs challenged the order of the Trial Court in allowing the application of respondents/defendants to frame a preliminary issue of limitation under Section 9-A CPC in the …

Indian Courts Are Not Bound By Foreign Insolvency Judgments From Non-Reciprocating Countries: Calcutta High Court
6 months, 1 week ago

Indian Courts Are Not Bound By Foreign Insolvency Judgments From Non-Reciprocating Countries: Calcutta High Court

Live Law  

The Calcutta High Court single judge bench of Justice Shampa Sarkar held that without a comprehensive cross-border insolvency framework, Indian courts do not recognize or enforce moratorium orders from non-reciprocating countries, such as the U.S., and thus are not obligated to stay ongoing suits due to such foreign proceedings. The trial judge rejected the Petitioner's application by holding that the …

Rajasthan High Court Sets Aside Trial Court's Ad-Interim Order Due To Earlier Contradictory Order In Another Matter Pending Between Same Parties
7 months ago

Rajasthan High Court Sets Aside Trial Court's Ad-Interim Order Due To Earlier Contradictory Order In Another Matter Pending Between Same Parties

Live Law  

A bench of Justice Madan Gopal Vyas at the Rajasthan High Court quashed an order of a trial court for passing a contradictory ad-interim order over another ad-interim order passed by it in the same matter. The Court observed the following: “This Court finds that the impugned order passed by the learned trial court is wholly without application of mind. …

Himachal Pradesh High Court Weekly Roundup: May 6 - May 12, 2024
7 months, 3 weeks ago

Himachal Pradesh High Court Weekly Roundup: May 6 - May 12, 2024

Live Law  

Nominal Index: The State of H.P. Legislative Assembly and others 2024 LiveLaw 23 Judgments/Orders: Mere Plea Of Abandonment Not Sufficient, Employer Has To Prove Specific Notices Were Issued To Workman Asking Him To Join Duty: Himachal Pradesh High Court Case Title: The State of H.P. Interpretation Of Agreement By Arbitrator Cannot Be Interfered Merely Because Another View Could Have Been …

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

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

Live Law  

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

When State Constitutes Proper Dispute Redressal System, Party Cannot Directly Approach High Court Under Writ Petition: Madhya Pradesh High Court
8 months ago

When State Constitutes Proper Dispute Redressal System, Party Cannot Directly Approach High Court Under Writ Petition: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court single bench of Justice Gajendra Singh held that when the government constitutes a proper dispute redressal system for resolution of any dispute between the parties, the party cannot directly approach the High Court and file a writ petition. Feeling aggrieved, the Petitioners approached the Madhya Pradesh High Court and filed a writ petition. The High …

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court
8 months ago

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court

Live Law  

Madhya Pradesh High Court has recently underscored that notice of proceedings should have been issued to the petitioner and not his counsel in the matter. Pursuant to a High Court order, the Joint Director had decided on an earlier application of the petitioner dated 1/11/2022 and the fresh application filed by him on 28/3/2023. It was incumbent upon respondent No.2 …

Supreme Court Stays MP High Court Order Debarring 10 Advocates For Holding Strike, Says Lawyers Must Show Some Responsibility
8 months, 4 weeks ago

Supreme Court Stays MP High Court Order Debarring 10 Advocates For Holding Strike, Says Lawyers Must Show Some Responsibility

Live Law  

The Supreme Court on Wednesday stayed the Madhya Pradesh High Court order which debarred 10 members of the Seoni District Bar Association from appearing in any court for a period of one month and contesting elections to the Bar Association or Bar Council of the state. Recently, Madhya Pradesh High Court dropped 2624 contempt cases and 1938 show cause notices …

[NI Act] MP High Court Refuses Permission To Rectify Incorrect Mention Of Cheque Dates In Complaint, Says It's A Substantial Defect
9 months ago

[NI Act] MP High Court Refuses Permission To Rectify Incorrect Mention Of Cheque Dates In Complaint, Says It's A Substantial Defect

Live Law  

Madhya Pradesh High Court has iterated that the defect of mentioning incorrect dates of cheque in the complaint cannot be cured since there is no provision in the CrPC to amend the criminal complaint. Justice Verma, therefore, opined that the trial court had committed an error by allowing the application for making amendments to the original complaint filed under Section …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
9 months, 3 weeks ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

SC sets aside HC order on Ashok Khemka’s appraisal report
9 months, 4 weeks ago

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

Hindustan Times  

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

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
9 months, 4 weeks 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 …

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court
9 months, 4 weeks ago

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court

Live Law  

The Allahabad High Court has held that the power conferred under Section 451 of CrPC should be exercised by the criminal courts with a judicious mind and without any unnecessary delay. Similarly, taking into account the mandate of Sectio 457 CrPC, the Court added the procedure as contemplated under this provision be also followed promptly, so that the concerned Magistrate …

HC Erred In Setting Aside CM's Remarks Against IAS Officer's PAR : Supreme Court Allows Haryana Govt Appeal Against Ashok Khemka
9 months, 4 weeks ago

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

Live Law  

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

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
10 months, 2 weeks 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 …

One Bench Of High Court Cannot Cancel Bail Granted By Another Bench : Supreme Court
10 months, 2 weeks ago

One Bench Of High Court Cannot Cancel Bail Granted By Another Bench : Supreme Court

Live Law  

Recently, the Supreme Court observed that the exercise of jurisdiction by the Single Judge of the High Court in cancelling the bail granted to the accused by another Single Judge of the same High Court and that too, by examining the merits of the allegations tantamounts, to judicial impropriety/indiscipline. ".we are of the firm opinion that the exercise of jurisdiction …

Consumer Forum Cannot Assume Jurisdiction When Special Statue Prescribes Arbitration; Calcutta High Court Set Aside West Bengal State Commission Order
10 months, 2 weeks ago

Consumer Forum Cannot Assume Jurisdiction When Special Statue Prescribes Arbitration; Calcutta High Court Set Aside West Bengal State Commission Order

Live Law  

The Calcutta High Court single bench of Justice Prasenjit Biswas held that consumer forum cannot assume jurisdiction when a special statue prescribes for arbitration and designates a forum for adjudication of disputes. The Petitioner appealed the District Forum's decision to the West Bengal State Consumer Disputes Redressal Commission, which, upheld the District Forum's order. The High Court observed that both …

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings
10 months, 3 weeks ago

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings

Live Law  

Noting that the 'doctrine of finality' in judgments has great sanctity, Madhya Pradesh High Court held a second review petition before it arising out of a writ matter to be non-maintainable. Afterwards, turning to the factual matrix of the case, the court proceeded to make the following observations: “…The petitioner has already exhausted remedy of writ petition, writ appeal, review …

Prima Facie Proof Needed To Interpret S. 8 Invocation, M.P High Court Applies Prima Facie Approach, Dismisses Revision Based On Lack Of Proof
10 months, 3 weeks ago

Prima Facie Proof Needed To Interpret S. 8 Invocation, M.P High Court Applies Prima Facie Approach, Dismisses Revision Based On Lack Of Proof

Live Law  

The High Court of Madhya Pradesh bench comprising Justice Achal Kumar Paliwal dismissed a revision petition seeking to invoke Section 8 of the Arbitration and Conciliation Act, 1996 based on a dispute related to the transfer of cheques under a partnership deed. The High Court noted there was no record suggesting that the mentioned amount was provided to the Petitioner …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
10 months, 3 weeks 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 …

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court
10 months, 3 weeks ago

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court

Live Law  

The High Court of Madhya Pradesh bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Devnarayan Mishra refused to exercise the writ jurisdiction of the High Court under Article 226/227 of the Indian Constitution for a matter involving dismissal of an application made to an Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996 by the Petitioner. The High …

High Court Under S. 482 CrPC Should Not Decide Whether Debt In Cheque Dishonour Case Is Time-Barred: Supreme Court
11 months, 1 week ago

High Court Under S. 482 CrPC Should Not Decide Whether Debt In Cheque Dishonour Case Is Time-Barred: Supreme Court

Live Law  

The Supreme Court recently reiterated that in proceedings under Section 138 of the Negotiable Instruments Act, 1881, the question of whether the underlying debt is time-barred is based on the evidence. “Undoubtedly, the question regarding the time-barred nature of an underlying debt or liability in proceedings under Section 138 of the NI Act is a mixed question of law and …

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