Court's Proceedings Are Sacrosanct And Should Not Be Polluted By Unscrupulous Litigants: Himachal Pradesh HC [Read Judgment]
4 years, 5 months ago

Court's Proceedings Are Sacrosanct And Should Not Be Polluted By Unscrupulous Litigants: Himachal Pradesh HC [Read Judgment]

Live Law  

Court's proceedings are sacrosanct and should not be polluted by unscrupulous litigants, remarked the Himachal Pradesh High Court recently. The bench comprising of Justices Tarlok Singh Chauhan and Jyotsna Rewal Dua observed thus while dismissing two writ petitions. While dismissing the writ petitions, the bench further observed: "The judicial system has been abused and virtually brought to its knees by unscrupulous litigants like the petitioners in this case. 2451/2020 & 2452/2020 Case name: Salma vs. State of H.P Coram: Justices Tarlok Singh Chauhan and Jyotsna Rewal Dua Read Judgment

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History of this topic

'Nobody Can Be Condemned Unheard' : Supreme Court Deletes Adverse Remarks Made By HC Against Advocate Without Opportunity Of Hearing
4 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 …

​Judge and prejudice: On conduct in judicial proceedings
3 months, 2 weeks ago

​Judge and prejudice: On conduct in judicial proceedings

The Hindu  

The Supreme Court of India has rapped judges over the knuckles, asking them to refrain from making “casual observations” that reveal their communal bias or misogyny. Taking suo motu cognisance of video clips featuring Karnataka High Court Judge V. Srishananda and his sexist comments to a woman lawyer on two separate judicial proceedings, a five-judge Special Bench headed by Chief …

They were unwarranted, scandalous: SC expunges HC judge's remarks against apex court
5 months, 1 week ago

They were unwarranted, scandalous: SC expunges HC judge's remarks against apex court

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday expunged the observations made by a single judge bench of the Punjab and Haryana High Court against the apex court in a contempt case, saying they were "scandalous" and "unwarranted".A five-judge bench headed by Chief Justice of India D Y Chandrachud, however, refused to initiate proceedings against Punjab and Haryana High Court Judge …

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

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 …

Himachal Pradesh High Court Calls For Judicious Use Of Provision For Additional Evidence U/S 391 CrPC, Cautions Against Disguised Retrials
1 year, 9 months ago

Himachal Pradesh High Court Calls For Judicious Use Of Provision For Additional Evidence U/S 391 CrPC, Cautions Against Disguised Retrials

Live Law  

The Himachal Pradesh High Court has reiterated that the powers under Section 391 CrPC are to be exercised judiciously and not for mere asking, and the additional evidence should not be a way to re-try the case or alter the charges. The observations were made while hearing challenge to an order of Appellate court in terms of which it had …

'Attempt To Threaten Judges With Contempt Pleas Unacceptable': Madhya Pradesh High Court Warns Litigants Against 'Adventurism'
2 years, 3 months ago

'Attempt To Threaten Judges With Contempt Pleas Unacceptable': Madhya Pradesh High Court Warns Litigants Against 'Adventurism'

Live Law  

Deprecating the practice of bringing "every wrong order" passed by trial courts under contempt jurisdiction, the Madhya Pradesh High Court has observed that trying to threaten judges with contempt pleas will not be accepted. Pulling up four litigants for making 'reckless allegations' against a trial court judge, a division bench comprising of Chief Justice Ravi Malimath and Justice Vishal Mishra …

"Utterly Incomprehensible" : Supreme Court Sets Aside HC Judgment Saying Reasons Can't Be Discerned
2 years, 5 months ago

"Utterly Incomprehensible" : Supreme Court Sets Aside HC Judgment Saying Reasons Can't Be Discerned

Live Law  

The Supreme Court recently set aside a judgment of the Himachal Pradesh High Court for being "utterly incomprehensible." The reasons on the basis of which the High Court has proceeded to allow the petitions and set aside the reassessment cannot be discerned from the judgments," a bench of Justices DY Chandrachud and Sudhanshu. The reasons on the basis of which …

Judiciary Not Immune From Criticism But Action Must Be Taken When Based On Distorted Facts To Intentionally Lower Court's Dignity: Delhi High Court
2 years, 5 months ago

Judiciary Not Immune From Criticism But Action Must Be Taken When Based On Distorted Facts To Intentionally Lower Court's Dignity: Delhi High Court

Live Law  

While observing that Judiciary is not immune from criticism, the Delhi High Court has observed that such criticism cannot be based on distorted facts or gross misrepresentation of material averments to intentionally lower its dignity and respect.Justice Jasmeet Singh, who was dealing with an appeal raising allegations against Trial Court and High Court judges, issued notice to the. While observing …

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court
4 years ago

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court

Live Law  

"In our view, the extraordinary writ jurisdiction cannot be utilised by a litigant only to take chance and then to seek recourse to the other remedy after failing in its attempt on the basic merits of the case before the High Court", the Supreme Court remarked in a judgment delivered on Wednesday.The bench comprising Justices AM Khanwilkar and Dinesh Maheshwari …

Like Judges, Lawyers Must Also Ensure That Truth Triumphs In Administration Of Justice: HP HC [Read Judgment]
6 years, 1 month ago

Like Judges, Lawyers Must Also Ensure That Truth Triumphs In Administration Of Justice: HP HC [Read Judgment]

Live Law  

“In the administration of justice, Judges and Lawyers play equal roles.”The Himachal Pradesh High Court has observed that lawyers, like judges, must also ensure that truth triumphs in the administration of justice.Justice Tarlok Singh Chauhan made this observation while disposing a criminal petition challenging the trial court order rejecting an application under Section 311 CrPC,. “In the administration of justice, …

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