Trial Court Has No Inherent Powers To Recall Or Review Its Own Final Order: J&K High Court
2 weeks, 2 days ago

Trial Court Has No Inherent Powers To Recall Or Review Its Own Final Order: J&K High Court

Live Law  

The Jammu and Kashmir High Court held that it is not open to the trial court to review its own final orders. A bench of Justice Sanjay Dhar said that the trial court had disposed of three separate applications filed by the petitioners for transferring custody from Uttar Pradesh to District Jail, Anantnag, and later recalled the said order. The court said that in recalling the order, the trial court had relied on a judgment of the High Court, which had been stayed by the division bench. The court held that the judgment relied upon by the trial court had been suspended by the division bench of the High Court.

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History of this topic

Yasin Malik trial: Supreme Court orders two High Courts to ensure proper video-conferencing facilities at Jammu court
2 months ago

Yasin Malik trial: Supreme Court orders two High Courts to ensure proper video-conferencing facilities at Jammu court

The Hindu  

The Supreme Court on Monday directed officials from two different High Courts to ensure Kashmiri separatist Yasin Malik is provided foolproof videoconferencing technology to cross-examine witnesses present in a Jammu court from Tihar Jail in Delhi during a trial on the killing of four Air Force personnel in 1989. The Bench also asked a Registrar of the Delhi High Court …

Supreme Court Dismisses J&K Govt's Plea Against HC Direction To Create 334 Judicial Posts Within 60 Days
2 months, 1 week ago

Supreme Court Dismisses J&K Govt's Plea Against HC Direction To Create 334 Judicial Posts Within 60 Days

Live Law  

The Supreme Court today dismissed Jammu and Kashmir government's challenge to a High Court order which directed the UT authorities to create 334 judicial posts within 60 days.A bench of Justices Hrishikesh Roy and SVN Bhatti passed the order, noting that the main matter is pending before the High Court and the observations contained in the impugned order - an …

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction
2 months, 2 weeks 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, …

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court
4 months, 1 week 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 …

SC bench to hear Punjab HC’s criticism of its order
7 months, 2 weeks 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 …

Supreme Court refuses to reverse High Court order staying Arvind Kejriwal’s bail
8 months, 3 weeks ago

Supreme Court refuses to reverse High Court order staying Arvind Kejriwal’s bail

Op India  

On Monday, the Supreme Court refused to grant immediate relief to Delhi Chief Minister Arvind Kejriwal in his bid to reverse the High Court’s interim stay on a bail order given by a lower court last week. In place of issuing an order on Kejriwal’s plea today, the Supreme Court chose to defer it till June 26 to await the …

By Judicial Order, High Court Cannot Render Advice : Supreme Court
1 year ago

By Judicial Order, High Court Cannot Render Advice : Supreme Court

Live Law  

While deprecating a High Court order for overlooking the long period of incarceration undergone by the petitioner, the Supreme Court recently reiterated that Courts cannot render "advice" through judicial orders and stayed a direction calling for a periodical report from Trial Court on the progress of trial. "We are of the view that issuing such a direction amounts to interference …

Don’t hold up trials without stay order: HC to lower courts
1 year, 4 months ago

Don’t hold up trials without stay order: HC to lower courts

Hindustan Times  

The Punjab and Haryana high court has directed the lower courts in Punjab, Haryana and Chandigarh to continue with trial court proceedings unless there is a specific order of stay in the matter in question. The Punjab and Haryana high court has issued “specific directions” to the trial courts to continue with their proceedings unless a stay was granted on …

Consumer Commission Can Revive Cases Consigned To Records, Does Not Qualify As Review Or Recall: Jammu & Kashmir High Court
1 year, 5 months ago

Consumer Commission Can Revive Cases Consigned To Records, Does Not Qualify As Review Or Recall: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has clarified that restoring a case consigned to records without an adverse order or a decision on parties' rights does not qualify as a review and hence such a case could be called back by the Consumer Commissions. The Court was hearing an appeal filed under Section 17 of the Jammu and …

‘Courts Below Failed To Properly Evaluate Evidence’: Supreme Court Acquits Two Convicts In 22 Year Old Murder Case
1 year, 9 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 …

S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court
1 year, 11 months ago

S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently reiterated that power of the court under Section 311 CrPC to recall any witness or witnesses already examined or to summon any witness can be invoked even if the evidence in both sides is closed, so long as the court retains seisin of the criminal proceedings. The High Court observed …

Power Of Sessions Judge U/S 409 CrPC To Recall Case Cannot Be Exercised Once Trial Has Commenced Before ASJ: J&K&L High Court
2 years, 4 months ago

Power Of Sessions Judge U/S 409 CrPC To Recall Case Cannot Be Exercised Once Trial Has Commenced Before ASJ: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Friday observed that the Principal Sessions Judge of a district has no jurisdiction to withdraw/recall a case, in which trial/hearing has commenced before an Additional Sessions Judge as provided in Section 409 of CrPC. Counsel appearing for the petitioner, argued that from the conduct of the case by the appellate court, …

Jammu and Kashmir HC orders resumption of Nadimarg Massacre trial
2 years, 4 months ago

Jammu and Kashmir HC orders resumption of Nadimarg Massacre trial

Op India  

The Jammu and Kashmir High Court on Saturday ordered the resumption of trial in the horrific Nadimarg massacre case. A bench of Justice Vinod Chatterji Koul ordered the resumption of the trial, saying that the trial court’s rejection of the prosecution’s plea to record statements of witnesses was incorrect. “The revision petition is permitted.” The trial court order dated February …

J&K&L High Court Orders Expeditious Trial In Nadimarg Kashmiri Pandit Massacre Case, Proceedings To Resume After A Decade
2 years, 4 months ago

J&K&L High Court Orders Expeditious Trial In Nadimarg Kashmiri Pandit Massacre Case, Proceedings To Resume After A Decade

Live Law  

The Jammu & Kashmir and Ladakh High Court on Saturday allowed a revision petition of J&K Police in the 2003 Nadimarg massacre case — the verdict means the trial which had abruptly halted more than a decade back can now resume.Justice Vinod Chatterji Koul in the judgment pronounced today afternoon ordered the trial court to take all necessary measures for …

J&K&L High Court Seeks Status Of Pending Cases Against MPs/ MLAs From Trial Courts
2 years, 5 months ago

J&K&L High Court Seeks Status Of Pending Cases Against MPs/ MLAs From Trial Courts

Live Law  

The Jammu & Kashmir & Ladakh High Court on Thursday sought status of 13 cases which are pending in various courts against 16 former and sitting Member of Parliaments and ex-MLAs in the Union Territory. A bench comprising Chief Justice Ali Mohammad Magrey and Justice Sanjay Dhar directed the Registrar Judicial of the High Court to seek status of the …

J&K&L High Court Reopens 2003 Nadimarg Massacre Case, Says Court Has Jurisdiction To Recall Order Which Is A "Nullity" In Law
2 years, 6 months ago

J&K&L High Court Reopens 2003 Nadimarg Massacre Case, Says Court Has Jurisdiction To Recall Order Which Is A "Nullity" In Law

Live Law  

The Jammu and Kashmir and Ladakh has ordered the reopening of the infamous Nadimarg Massacre Case, after a decade, by recalling an order dated December 21, 2011 whereby the criminal revision petition in the matter was dismissed. It remarked, "A criminal revision petition cannot be dismissed for non-prosecution.this Court does have jurisdiction to recall an order which is a nullity …

High Court Has Absolute & Exclusive Disciplinary Control Over District Judiciary Under Article 235 : J&K&L High Court
2 years, 8 months ago

High Court Has Absolute & Exclusive Disciplinary Control Over District Judiciary Under Article 235 : J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently held that control over the District Judiciary vested in the High Court in Article 235 of the Constitution of India is complete and absolute and provided only to ensure the independence of the judiciary and to achieve effective separation of powers. A Division Bench of Chief Justice Pankaj Mithal and Justice …

Blocking Of Courts: Jammu And Kashmir HC Issues Contempt Notice To Striking Lawyers [Read Order]
5 years, 3 months ago

Blocking Of Courts: Jammu And Kashmir HC Issues Contempt Notice To Striking Lawyers [Read Order]

Live Law  

High Court of Jammu and Kashmir has issued notice to striking lawyers to show cause as to why they should not be proceeded against for criminal contempt of court.A Division Bench of Chief Justice Gita Mittal and Justice Rajesh Bindal has taken cognisance of the Lawyers' strike in the various Courts including the High Court, District Courts, Jammu and Kashmir …

Even ‘Patently Erroneous’ Orders Can’t Be Recalled By Criminal Courts, Reiterates SC [Read Judgment]
6 years, 7 months ago

Even ‘Patently Erroneous’ Orders Can’t Be Recalled By Criminal Courts, Reiterates SC [Read Judgment]

Live Law  

‘However patently erroneous the earlier order be, it can only be corrected in the process known to law and not under Section 362 Cr.P.C.’The Supreme Court in Mohammed Zakir vs. Shabana has observed that a Criminal Court including High Court cannot recall an earlier order invoking Section 362 of the Code of Criminal Procedure, on the ground that it. ‘However …

SC soon will lay a law whether accused has right to recall witness or not- India TV News
9 years, 11 months ago

SC soon will lay a law whether accused has right to recall witness or not- India TV News

India TV News  

Will lay down law on whether accused has right to recall witness: SC New Delhi: The Supreme Court today said that it will lay down a law as to whether an accused has got the right to get witnesses recalled for their re-examination in a criminal case.“We are New Delhi: The Supreme Court today said that it will lay down …

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