Availability Of Alternate Remedy Not A Ground To Bar Petition U/s 482 CrPC: SC [Read Judgment]
8 years, 6 months ago

Availability Of Alternate Remedy Not A Ground To Bar Petition U/s 482 CrPC: SC [Read Judgment]

Live Law  

A three-judge Bench of the Supreme Court on Tuesday in Prabhu Chawla vs State of Rajasthan clarified that the availability of remedy under Section 397 CrPC would not make a petition under Section 482 CrPC not maintainable.The Bench comprising Justice J. Chelameswar, Justice Shiva Kirti Singh and Justice Abhay Manohar Sapre was hearing appeals filed by Prabhu Chawla and Jagdish. A three-judge Bench of the Supreme Court on Tuesday in Prabhu Chawla vs State of Rajasthan clarified that the availability of remedy under Section 397 CrPC would not make a petition under Section 482 CrPC not maintainable. The Bench comprising Justice J. Chelameswar, Justice Shiva Kirti Singh and Justice Abhay Manohar Sapre was hearing appeals filed by Prabhu Chawla and Jagdish Upasane challenging the judgment of the Rajasthan High Court, whereby, it dismissed the petitions preferred by them under Section 482 CrPC. The High Court held the petitions to be not maintainable in view of the judgment of Rajasthan High Court in the case of Sanjay Bhandari vs State of Rajasthan holding that an availability of remedy under Section 397 CrPC would make a petition under Section 482 CrPC not maintainable.

Rajasthan Justice Court State High Ors Bench Availability Petition Crpc Section 482 482 Rajasthan High Court Section 482 Crpc Inherent Power 482 Crpc Prabhu Chawla Section 397 Crpc  judgment  rajasthan  state  alternate  court  availability  bar  vs  read  sc  482  remedy  bench  crpc  petition  high  justice  ground  supreme

History of this topic

Rajasthan High Court Monthly Digest: February 2025
1 day, 11 hours ago

Rajasthan High Court Monthly Digest: February 2025

Live Law  

NOMINAL INDEX Manju Sharma v State of Rajasthan & Ors. 34 Yrs On, Rajasthan HC Sets Aside Rape Conviction Citing Failure To Conduct Test Identification Parade, Asks State To Properly Instruct IOs Title: X v State of Rajasthan Citation: 2025 LiveLaw 45 The bench of Justice Anoop Kumar Dhand at the Rajasthan High Court directed Director General of Police, Jaipur …

Advocates Act | BCI Cannot Entertain Appeal Against Order Of State Bar Council's Disciplinary Committee When Probe Is Pending: Punjab & Haryana HC
2 weeks, 2 days ago

Advocates Act | BCI Cannot Entertain Appeal Against Order Of State Bar Council's Disciplinary Committee When Probe Is Pending: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that Bar Council Of India cannot entertain appeal from interim order of the State Bar Council's disciplinary committee when the probe is pending and no punishment is imposed. Perusing Section 37 of the Advocate's Act, the Court noted that any person aggrieved by an order of the Disciplinary Committee of …

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe
2 weeks, 5 days ago

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe

Live Law  

The Jaipur bench of the Rajasthan High Court set aside a trial court order which made adverse remarks against the concerned circle officer and where the DGP was directed to initiate disciplinary proceedings against the officer for alleged negligence committed during the investigation of a case. Justice Anoop Kumar Dhand observed that it was settled that no one could be …

Supreme Court Annual Digest 2024: Service Law
1 month, 3 weeks ago

Supreme Court Annual Digest 2024: Service Law

Live Law  

SERVICE LAWS - SUPREME COURT ANNUAL DIGEST 2024 Administration Constitution of India - Article 16, 16 and 335 - Efficiency of Administration - Article 335 does not limit sub-classification; rather, it reinforces the importance of inclusion and equality in public services in line with Article 16. Indian Council of Agricultural Research v. Rajinder Singh, 2024 LiveLaw 611 : AIR 2024 …

Rajasthan HC Stays State Bar Council Resolution Extending Tenure Of Bar Association Members, Appoints Interim Administrative Committee
1 month, 3 weeks ago

Rajasthan HC Stays State Bar Council Resolution Extending Tenure Of Bar Association Members, Appoints Interim Administrative Committee

Live Law  

The Rajasthan High Court has admitted a petition challenging the resolution of the Bar Council of Rajasthan dated April 16, 2024, which extended the tenure of the elected office bearers of the Bar Association from one year to two years. The court stayed the effect and operation of the resolution and appointed an Administrative Committee to manage the affairs of …

Purpose Of S.82 CrPC Is To Secure Accused's Presence, Once Achieved Property Attachment Proceedings Must Be Dropped: Rajasthan HC Reiterates
1 month, 3 weeks ago

Purpose Of S.82 CrPC Is To Secure Accused's Presence, Once Achieved Property Attachment Proceedings Must Be Dropped: Rajasthan HC Reiterates

Live Law  

The Jaipur bench of the Rajasthan High Court has reiterated that the purpose of initiating proceedings under Section 82 CrPC is to secure the presence of the accused who is stated to be absconding, and once that purpose was achieved the proceedings are to be withdrawn. The court was hearing a petition challenging the order of Additional Chief Judicial Magistrate …

Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC
2 months ago

Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC

Live Law  

The Jaipur bench of the Rajasthan High Court has reiterated that Section 143A, Negotiable Instruments Act, inserted after an amendment in 2018 introducing payment of interim compensation to complainant in a cheque bouncing case, has prospective application and cannot be applied to complaints filed before the amendment in a retrospective manner. Justice Anoop Kumar Dhand relied upon the Supreme Court …

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC
2 months, 1 week ago

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC

Live Law  

The Jodhpur bench of the Rajasthan High Court set aside order rejecting candidature of the petitioner based on pending cruelty case under Section 498A IPC, ruling that at best the petitioner was "merely an under trial" and his fate is yet to be determined based on the trial's outcome. Perusing the order rejecting the petitioner's candidature, Justice Arun Monga said, …

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates
2 months, 1 week ago

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition. The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against …

Rajasthan HC Upholds Reversal Of Certain Teachers' Promotion To Maintain Seniority, Says Not Granting Them Hearing Caused No Prejudice
2 months, 1 week ago

Rajasthan HC Upholds Reversal Of Certain Teachers' Promotion To Maintain Seniority, Says Not Granting Them Hearing Caused No Prejudice

Live Law  

“The petitioners reversion is a natural concomitant of grant of promotion to the persons senior to them, which has been done in review DPC.Such being the factual backdrop, the observance of principles of natural justice, even if made, would have been an empty formality, ” the bench observed. In such a scenario, bench of Justice Dinesh Mehta said, the State's …

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court
2 months, 2 weeks ago

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court

Live Law  

Observing that the principle of res judicata is not strictly applicable to the criminal proceedings, the Supreme Court recently ruled that the dismissal of a previous petition does not preclude the filing of a subsequent petition under Section 482 of the Cr.P.C if it is prompted by a change in the law. The bench comprising Justice Dipankar Datta and Justice …

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court
Trending News
2 months, 2 weeks ago

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court

Live Law  

Observing that the principle of res judicata is not strictly applicable to the criminal proceedings, the Supreme Court recently ruled that the dismissal of a previous petition does not preclude the filing of a subsequent petition under Section 482 of the Cr.P.C if it is prompted by a change in the law. The bench comprising Justice Dipankar Datta and Justice …

Rajasthan High Court Annual Digest 2024 [PART I]
2 months, 3 weeks ago

Rajasthan High Court Annual Digest 2024 [PART I]

Live Law  

Citations: 2024 LiveLaw 1 To 2024 LiveLaw 232 Orders/Judgments January 2024 Writ Petition Against Charge-Sheet Not Maintainable Unless Issued By Authority Not Competent To Initiate Disciplinary Action: Rajasthan HC Title: Laxman Singh Gurjar v. Rajasthan State Road Transport Corporation & 2 Ors. Title: Shiv Kumar Khandelwal vs State of Rajasthan & Ors Citation: 2024 LiveLaw 80 A single judge bench …

100 Important Supreme Court Judgments- Part 3 [51 to 75]
2 months, 3 weeks ago

100 Important Supreme Court Judgments- Part 3 [51 to 75]

Live Law  

Case Title – Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh., 2024 LiveLaw 486 In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities Act, 1967, the Supreme Court held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy …

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas
3 months ago

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas

Live Law  

The Punjab & Haryana High Court imposed a cost of Rs.5 lakh on litigant who repeatedly abused the process of court by filing successive pleas and suppressed “crucial fact.” The plea was filed challenging the resumption order of a land which was allotted to the petitioner subject to certain conditions. A bench of Justice Arun Palli and Justice Vikram Aggarwal …

Rajasthan HC Disapproves Of Interim Order Increasing Seats In Medical College, Refuses To Interfere Since Admission Process Was Already Over
3 months ago

Rajasthan HC Disapproves Of Interim Order Increasing Seats In Medical College, Refuses To Interfere Since Admission Process Was Already Over

Live Law  

The bench however observed that even though they were of the view that the single judge should not have granted the interim order, however since the admission process in the present case was already over and students had paid fees and joined the college, the bench thereafter refused to interfere with the order. The division bench of Chief Justice Manindra …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
3 months, 1 week ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
3 months, 1 week ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Rajasthan DISCOMs, Supreme Court, Rajasthan High Court, JSW
Trending News
3 months, 1 week ago

Rajasthan DISCOMs, Supreme Court, Rajasthan High Court, JSW

Live Law  

The Supreme Court recently stayed the observations made by the Rajasthan High Court at Jodhpur in a Public Interest Litigation wherein Rajasthan DISCOMs were the Respondent parties. The said writ appeal will be decided by the Division Bench of the High Court uninfluenced by any observations made in the impugned judgment ” While doing so, the Apex Court categorically noted …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
3 months, 2 weeks 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 …

Supreme Court To Hear Jharkhand IAS Officer's Plea Against HC Refusing To Hear Challenge To ECI Direction For Disciplinary Action
3 months, 2 weeks ago

Supreme Court To Hear Jharkhand IAS Officer's Plea Against HC Refusing To Hear Challenge To ECI Direction For Disciplinary Action

Live Law  

The Supreme Court today issued notice on a plea involving the issue as to whether the Election Commission of India's direction to state government to take disciplinary action against a District Election Officer ought to be challenged before the jurisdictional High Court or the Central Administrative Tribunal.A bench of Justices Hrishikesh Roy and Pankaj Mithal called for the response of …

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court
3 months, 2 weeks ago

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has emphasised that conditions under Section 100 of the Code of Civil Procedure must be strictly fulfilled before a second appeal can be maintained. Pointing out the bare text used in Section 100 CPC Justice Wani remarked, “Thus, what emanates from above position and principles of law is that the existence of …

Can NCDRC Technical Member Sitting Singly Preside Over Bench? Supreme Court To Consider
3 months, 2 weeks ago

Can NCDRC Technical Member Sitting Singly Preside Over Bench? Supreme Court To Consider

Live Law  

The Supreme Court recently stayed proceedings in a consumer case pending before the National Consumer Disputes Redressal Commission, on challenge to an order passed therein by a Technical Member alone.A bench of Justices Dipankar Datta and Sandeep Mehta granted stay upon hearing Senior Advocate Trideep Pais for the appellant, who contended that the impugned order suffered from the vice of. …

Supreme Court Monthly Round-up: November 2024
3 months, 2 weeks ago

Supreme Court Monthly Round-up: November 2024

Live Law  

Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: Nabha Power Ltd and another v. Punjab State Power Corporation Ltd. Citation: 2024 LiveLaw 861 The Supreme Court held that a press release issued by the Government of India about certain changes in the mega power policy did not constitute 'law' and 'change in law' in terms …

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
3 months, 3 weeks ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent
3 months, 3 weeks ago

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent

Live Law  

Rajasthan High Court has ruled that sometimes bonafide mistake could be committed by the counsel for a litigant by not furnishing the requisite notices upon the opposite party, however, instead of applying a hyper-technical approach and rejecting the case, justice oriented approach should be applied. The Court was hearing writ petitions filed against the order of the Rajasthan Civil Services …

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference
3 months, 3 weeks ago

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference

Live Law  

The Allahabad High Court has observed that when a challenge lies to the entire proceeding of a case registered under the SC/ST Act, the High Court could entertain the case under its inherent jurisdiction under Section 482 CrPC to secure the end of justice.The Court held that there could be no hard and fast rule regarding the interference of the …

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
3 months, 3 weeks ago

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts. The bench of …

BREAKING: Supreme Court issues notice to Muslim side in Gyanvapi case, seeks reply within two weeks
4 months ago

BREAKING: Supreme Court issues notice to Muslim side in Gyanvapi case, seeks reply within two weeks

India TV News  

Gyanvapi case: In a significant development, the Supreme Court on Friday issued a notice to the Muslim side on the petition demanding an Archaeological Survey of India survey of the alleged Shivling in the Gyanvapi mosque complex. After hearing this, the apex court has issued a notice to the Muslim side and sought a reply within two weeks. A bench …

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed
4 months ago

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed

Live Law  

In a contempt matter concerning encroachment of land, the Jodhpur bench of the Rajasthan High Court directed the petitioner to implead the then concerned Collector, Sub-divisional Officer and Tehsildar to seek their stand, warning them of punishment including "jail sentence" if they don't pay heed to court orders. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri …

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs
4 months ago

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs

Live Law  

Rajasthan High Court has set aside the penalty of compulsory retirement imposed upon an Additional District and Sessions Judge in 2015 for allowing the second bail application filed by a murder accused, despite having knowledge of the fact that the first bail application was rejected by the High Court and there was a pending transfer petition in front of the …

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court
4 months, 2 weeks ago

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court

Firstpost  

The verdict, which was reserved way back in October 2023, came in a matter that dealt with the question of whether a High Court, in exercise of its powers under Section 482 CrPC, can quash a sexual harassment case based on compromise between the accused and the survivor. Supreme Court on Thursday set aside Rajasthan High Court’s decision to quash …

High Court Allows Inherent Power Under Section 482 CrPC in Domestic Violence Proceedings
4 months, 2 weeks ago

High Court Allows Inherent Power Under Section 482 CrPC in Domestic Violence Proceedings

Live Law  

The Punjab & Haryana High Court has made it clear that the Court can exercise its inherent power under Section 482 CrPC in domestic violence proceedings. The court considered a question regarding the applicability of Section 482 CrPC on proceedings under the Domestic Violence (DV) Act and concluded that Section 482 CrPC is applicable in such cases.

High Court Transferring Revision Case to Sessions Court to Avoid Conflict of Jurisdiction: Kerala High Court
5 months ago

High Court Transferring Revision Case to Sessions Court to Avoid Conflict of Jurisdiction: Kerala High Court

Live Law  

The Kerala High Court has ruled that Section 402 of the CrPC does not apply when revision is pending before the High Court but appeal is pending before the Sessions Court. The High Court has exercised its inherent power to transfer revision cases to the Sessions Court to avoid a conflict of jurisdiction.

Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench
6 months, 1 week ago

Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench

Live Law  

The Punjab and Haryana High Court has referred the issue of applicability of the Bharatiya Nagarik Suraksha Sanhita, 2023 to a larger bench.Justice Harpreet Singh Brar disagreed with the opinion in Axxx v. UT Chandigarh where Justice Sumeet Goel had held that if a FIR is lodged under IPC but the application or petition in relation to it is filed …

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application
6 months, 2 weeks ago

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application

Live Law  

Rajasthan High Court has ruled that the application of rules should be with a humane approach and if procedural violation does not cause prejudice, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.” The …

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

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

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 …

Punjab and Haryana HC criticises SC stay order, forcing top court to take suo motu cognisance
7 months, 2 weeks ago

Punjab and Haryana HC criticises SC stay order, forcing top court to take suo motu cognisance

New Indian Express  

NEW DELHI: In an unusual move, the Punjab and Haryana High Court has criticised a stay order issued by the Supreme Court, leading the top court to take suo motu cognisance of the matter. The case titled 'In Re: Order of Punjab and Haryana High Court Order of July 17, 2024 and Ancillary Issues' will be heard by a bench …

S.24 CPC | Successful Transfer Petition Before District Court Cannot Be Challenged By Filing Another Transfer Petition In HC: Rajasthan HC
7 months, 3 weeks ago

S.24 CPC | Successful Transfer Petition Before District Court Cannot Be Challenged By Filing Another Transfer Petition In HC: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that a successful transfer petition under Section 24, CPC, before a district court cannot be challenged before the high court by filing another transfer petition under Section 24, CPC. It was held that the order of the district court on the transfer petition could not have been challenged by filing another transfer petition, rather a …

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court
8 months ago

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court

Live Law  

The Delhi High Court has observed that failure to avail alternate remedy on the ground of ongoing settlement process is not a reason for the court to exercise its discretionary power to quash the complaint cases. where it is filed with unexplained delay and laches and in the meantime, the trial has proceeded.” It referred to the Supreme Court case …

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024
8 months, 3 weeks ago

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024

Live Law  

Nominal Index: State Vs Raj Kumar 2024 LiveLaw 166 Yunius Hussain Vs UT of J&K 2024 LiveLaw 167 Manzoor Hussain Vs UT Of J&K 2024 LiveLaw 168 ABDUL ROUF SHAH Vs ATIQA HASSAN & OTHERS 2024 LiveLaw 169 Vinod Kumar Vs Somi Devi 2024 LiveLaw 170 Sunil Kumar Vs Department of Agriculture J&K 2024 LiveLaw 171 NAZIR AHMAD DAR & …

Second Criminal Revision Petition By Same Person Is Barred But High Court Can Entertain Such Plea U/S 482 CrPC: Punjab & Haryana High Court
8 months, 3 weeks ago

Second Criminal Revision Petition By Same Person Is Barred But High Court Can Entertain Such Plea U/S 482 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has said that the second criminal revision petition by the same person is barred under the Criminal Procedure Code but the High Court can entertain such plea by exercising inherent jurisdiction under Section 482 CrPC.Justice Sumeet Goel observed, "A second criminal revision petition filed by the same person is barred in view of statutory …

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests
8 months, 3 weeks ago

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests

Live Law  

The Supreme Court on Monday dismissed a petition filed by the Haryana Staff Selection Commission against a judgment of the Punjab and Haryana High Court setting aside a 2022 Notification that granted 5% additional marks to domiciles of Haryana in recruitment to certain posts based on "socio-economic" criteria. The vacation bench of Justices AS Oka and Rajesh Bindal was hearing …

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court
9 months ago

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that availing a civil remedy does not by itself become grounds to quash a criminal complaint filed concerning facts which not only make out a civil wrong but a criminal offence as well. The Court said: “Merely on account of the fact that complainant had a civil remedy as also has availed that remedy, …

S.451 CrPC | Seized Property Can't Be Allowed To Become Junk, Court Should Expeditiously Issue Custody Orders: Rajasthan High Court
9 months, 1 week ago

S.451 CrPC | Seized Property Can't Be Allowed To Become Junk, Court Should Expeditiously Issue Custody Orders: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that power under Section 451 CrPC for custody and disposal of seized property produced before any criminal court during pendency of a trial, needs to be exercised expeditiously. The Court took note of the case and made the following observation: “The purport of the case law cited by learned counsel for the petitioner is …

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court
9 months, 3 weeks ago

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court

Live Law  

Finding that the entire series of events have nexus with each other and the action of petitioner was done in discharge of his official duties, the Rajasthan High Court held that the cognizance for offences under Sections 323 and 504 IPC, taken by the Judicial Magistrate against a public servant, posted as Station House Officer, is unsustainable in law, in …

Supreme Court Weekly Round-Up (06 May-11 May, 2024)
10 months, 1 week ago

Supreme Court Weekly Round-Up (06 May-11 May, 2024)

Live Law  

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. 9038 of 2023 Coram: Justices Sanjiv Khanna and Dipankar Datta The Supreme Court extended the interim bail granted to Hyderabad businessman Abhishek Boinpally …

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
11 months ago

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

Live Law  

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in …

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