Criminal Case Ought To Be Inquired And Tried Ordinarily Where The Cause Of Action Has Accrued: Supreme Court
3 years, 9 months ago

Criminal Case Ought To Be Inquired And Tried Ordinarily Where The Cause Of Action Has Accrued: Supreme Court

Live Law  

The Supreme Court reiterated that a criminal case ought to be inquired and tried ordinarily where the cause of action has accrued.The bench comprising Justices Ashok Bhushan and Indu Malhotra observed thus while dismissing a transfer petition filed by accused seeking transfer of criminal case from the Court of Metropolitan Magistrate at New Delhi to the Court of Metropolitan Magistrate. The Supreme Court reiterated that a criminal case ought to be inquired and tried ordinarily where the cause of action has accrued. The bench comprising Justices Ashok Bhushan and Indu Malhotra observed thus while dismissing a transfer petition filed by accused seeking transfer of criminal case from the Court of Metropolitan Magistrate at New Delhi to the Court of Metropolitan Magistrate at Allahabad, Uttar Pradesh. This court has consistently held that a criminal case ought to be inquired and tried ordinarily where the cause of action has accrued", the bench observed.

Supreme Court Court Criminal Transfer Petition Case New Delhi Cause Criminal Case Metropolitan Magistrate Justices Ashok Bhushan Indu Malhotra  ordinarily  inquired  criminal  delhi  metropolitan  action  case  court  transfer  petition  tried  ought  cause  supreme

History of this topic

Supreme Court Allows NIA's Plea To Transfer 8 Criminal Cases From Manipur To Assam
4 weeks ago

Supreme Court Allows NIA's Plea To Transfer 8 Criminal Cases From Manipur To Assam

Live Law  

The Supreme Court today allowed the transfer petition filed by the National Investigation Agency for the transfer of 8 criminal cases pending before the NIA, Special Court in the district Imphal, State of Manipur, to the NIA Special Court, Guwahati, Assam. A bench of Justices J.B. Pardiwala and R. Mahadevan allowed the NIA's transfer petition taking into consideration prayer made …

Take Policy Decision On Guidelines For Foreigners With Criminal Cases And Expired Indian Visas: Delhi High Court To Centre
1 month, 2 weeks ago

Take Policy Decision On Guidelines For Foreigners With Criminal Cases And Expired Indian Visas: Delhi High Court To Centre

Live Law  

The Delhi High Court has recently asked the Union Government to take a policy decision as to whether certain guidelines ought to be framed at national level in respect of foreigners against whom criminal cases are lodged and whose Indian visas have expired.A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma also directed the Centre to …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
8 months, 2 weeks ago

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the Trial Court can exercise power under Section 311 of CrPC not only on a plea by a party to the trial including accused, prosecution, complainant and witness or on its own volition, but also on a plea of a person "who is seemingly rank stranger to the trial. The Punjab …

Reasons For Bias Do Not Fall Under VII Schedule Of A&C Act , Petition Is Abuse Of Process Of Court : Delhi High Court
1 year, 7 months ago

Reasons For Bias Do Not Fall Under VII Schedule Of A&C Act , Petition Is Abuse Of Process Of Court : Delhi High Court

Live Law  

The Delhi High Court has held that an arbitrator can be removed under Section 14 which provides for de jure ineligibility of arbitrator only if his appointment falls within the grounds mentioned under the VII Schedule. The bench of Justice Chandra Dhari Singh held that the mandate of the arbitrator on grounds of bias and prejudice cannot be terminated if …

Ensure IOs Are Present In Court When Case Is Taken Up For Hearing: Delhi High Court To Commissioner Of Police
1 year, 7 months ago

Ensure IOs Are Present In Court When Case Is Taken Up For Hearing: Delhi High Court To Commissioner Of Police

Live Law  

The Delhi High Court has asked the Commissioner of Delhi Police to ensure that the investigating officers probing a case are present in court when such a case is taken up for hearing. Expressing displeasure over the failure of an investigating officer in answering certain queries put to him by the court, Justice Rajnish Bhatnagar said:“This has become routine invariable …

Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat High Court
1 year, 7 months ago

Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat High Court

Live Law  

While allowing a leave to appeal against acquittal in a criminal case under Section 138 of the N.I. Act, the Gujarat High Court said the Magistrate's approach in shifting the burden upon the complainant to prove his case beyond reasonable doubt was not proper “when the accused has chosen not to question the financial capacity of complainant at very first …

Supreme Court transfers all cases against Leena Manimekalai to Delhi High Court
1 year, 8 months ago

Supreme Court transfers all cases against Leena Manimekalai to Delhi High Court

The Hindu  

The Supreme Court on Monday transferred five separate FIRs registered in Uttar Pradesh, Madhya Pradesh and Uttarakhand against film-maker Leena Manimekalai for her ‘smoking Kaali’ poster and clubbed them with the first case lodged against her in Delhi. Chandrachud also gave her liberty to approach the Delhi High Court to quash the criminal cases against her. The apex court further …

Transfer Of Criminal Case From One State To Another Implicitly Reflect On Credibility Of State Judiciary & Prosecution Agency : Supreme Court
1 year, 9 months ago

Transfer Of Criminal Case From One State To Another Implicitly Reflect On Credibility Of State Judiciary & Prosecution Agency : Supreme Court

Live Law  

The Supreme Court has observed that transfer of trial from one case to another state has to be ordered only in exceptional circumstances, as it might result in an adverse reflection upon the credibility of the State judiciary and prosecution agency.A bench comprising Justices Hrishikesh Roy and CT Ravikumar made this observation while dismissing a plea to transfer the trial …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]
2 years, 1 month 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 - …

Central Administrative Tribunal Ordinarily Should Examine Case On Merits Instead Of Dismissing It On Technicalities: Delhi High Court
2 years, 1 month ago

Central Administrative Tribunal Ordinarily Should Examine Case On Merits Instead Of Dismissing It On Technicalities: Delhi High Court

Live Law  

The Delhi High Court has said the Central Administrative Tribunal "ordinarily should" endeavour to examine a case on merits rather than dismissing the same on technicalities.Dismissing a plea filed by an employee challenging the order by which his original application against the disciplinary action taken against him was rejected by CAT, a division bench of Justice Sanjeev Sachdeva. The Delhi …

Supreme Court refuses to entertain plea seeking guidelines to compensate victims of wrongful prosecution
2 years, 4 months ago

Supreme Court refuses to entertain plea seeking guidelines to compensate victims of wrongful prosecution

India Today  

"This will create a lot of complications," the Supreme Court of India said on Thursday, while refusing to entertain a petition filed seeking directions for the framing of appropriate guidelines to compensate victims of wrongful prosecution. Many acquittals are not exactly on merit but on technical grounds or granting the benefit of doubt," Justice Lalit said. Responding to counsel’s argument …

Supreme Court Agrees To List Next Week Plea Of Unnao Rape Survivor Seeking Transfer Of Case Against Her To Delhi
2 years, 4 months ago

Supreme Court Agrees To List Next Week Plea Of Unnao Rape Survivor Seeking Transfer Of Case Against Her To Delhi

Live Law  

The Supreme Court on Tuesday agreed to list next week plea seeking transfer of a counter case filed against her by the father of Shubham Singh, one of the accused men, facing trial in New Delhi for the gang rape of the minor petitioner.The plea wherein the victim had sought interim relief for the stay of the non-bailable warrant issued …

Civil Case & Criminal Proceeding Can Be Initiated Simultaneously Only If "Criminality" Is Involved: Jharkhand High Court
2 years, 4 months ago

Civil Case & Criminal Proceeding Can Be Initiated Simultaneously Only If "Criminality" Is Involved: Jharkhand High Court

Live Law  

The Jharkhand High Court has reiterated that both civil case and criminal proceeding can be initiated simultaneously with a rider that some sense of "criminality" is involved in the allegations. While allowing the petition, Justice Sanjay Kumar Dwivedi: "There is no dispute with regard to the fact that civil case and criminal proceeding can go simultaneously, if criminality is involved. …

Unnao Rape Survivor Moves Supreme Court Seeking Transfer Of Case Against Her To Delhi
2 years, 4 months ago

Unnao Rape Survivor Moves Supreme Court Seeking Transfer Of Case Against Her To Delhi

Live Law  

The Unnao rape survivor has moved a Transfer Petition in the Supreme Court of India seeking transfer of a counter case filed against her by the father of Shubham Singh, one of the accused men, facing trial in New Delhi for the gang rape of the minor petitioner. As an interim relief, the petitioner has sought a stay on a …

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court
2 years, 7 months ago

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court

Live Law  

In a landmark decision, the Orissa High Court has held that honourable exoneration in departmental proceedings would warrant quashment of criminal prosecution which emanated from the same set of facts. While quashing criminal charges against the petitioner, a Single Judge Bench of Chief Justice Dr. S. Muralidhar held, "…in the facts and circumstances of the present case where on the …

Re-Agitation Of Same Issue Is Gross Abuse Of Court Process: Delhi HC Imposes 10K Cost On Litigant Seeking Transfer Of Investigation To CBI
2 years, 7 months ago

Re-Agitation Of Same Issue Is Gross Abuse Of Court Process: Delhi HC Imposes 10K Cost On Litigant Seeking Transfer Of Investigation To CBI

Live Law  

The Delhi High Court has imposed a cost of Rs. 10,000 on a litigant seeking transfer of investigation to Central Bureau of Investigation despite a similar plea being dismissed as withdrawn by the Court on earlier occasion.Justice Anoop Kumar Mendiratta was dealing with a plea seeking transfer of investigation of FIR to C.B.I. 10,000 on a litigant seeking transfer of …

"Justice Isn't For Accused Only; It Must Be Done To Victim Also": Allahabad HC Dismisses Gang-Rape Accused Case Transfer Plea
2 years, 7 months ago

"Justice Isn't For Accused Only; It Must Be Done To Victim Also": Allahabad HC Dismisses Gang-Rape Accused Case Transfer Plea

Live Law  

"Justice is not for the accused only, justice should also be done with the victim," remarked the Allahabad High Court as it dismissed 3 pleas filed by gang-rape accused seeking transfer of their trial from Jhansi District to any other district.The Bench of Justice Anil Kumar Ojha observed that if a case is transferred, it will add insult to the …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
2 years, 10 months ago

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution

Live Law  

While remarking that it is a classic case where the execution proceedings themselves become a second round of litigation and it takes ages for the decree holder to realize the fruits of success of a decree with judgment debtors assisted innovatively, the Supreme Court recently dismissed a SLP assailing Delhi High Court's order.The bench of Justices SK Kaul and MM …

Validity Of Sanction Order Can Also Be Raised In The Course Of Trial: Supreme Court
3 years, 2 months ago

Validity Of Sanction Order Can Also Be Raised In The Course Of Trial: Supreme Court

Live Law  

The Supreme Court observed that the validity of sanction order can also be raised in the course of trial.In this case, the petitioner's contention before the Apex Court was that the Trial Court has taken cognizance of the offence without there being valid sanction as per the provision of Section 19 of the Prevention of Corruption Act, 1988. The Supreme …

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court
3 years, 3 months ago

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court

Live Law  

The Supreme Court has issued notice on a special leave petition which has raised the argument that criminal proceedings cannot continue after exoneration in departmental enquiry on the same allegations.The special leave petition is filed against a judgment of the Madhya Pradesh High Court which held that exoneration in departmental inquiry does not entitle an employee to seek quashing. The …

Kodanad Murder & Dacoity Case: Supreme Court Dismisses AIADMK Member's Plea To Stop Further Investigation
3 years, 3 months ago

Kodanad Murder & Dacoity Case: Supreme Court Dismisses AIADMK Member's Plea To Stop Further Investigation

Live Law  

The Supreme Court on Tuesday dismissed a Special Leave Petition filed by AIADMK functionary Anubhav Ravi, a prosecution witness in the Kodanad Murder and Dacoity case challenging the Madras High Court's order of refusing to intervene with the further police investigation by police. Case Before Madras High Court AIADMK Functionary Anubhav Ravi had approached the High Court averring that due …

Delhi Riots : High Court Vacates Stay On Trial Of 'Larger Conspiracy' Case Under UAPA
3 years, 9 months ago

Delhi Riots : High Court Vacates Stay On Trial Of 'Larger Conspiracy' Case Under UAPA

Live Law  

In view of the Delhi government's submission that the accused in the case are at liberty to collect a complete hard copy of the filed chargesheet from the trial court on Mar 25, the Delhi High Court today vacated its stay on the trial of the case. The Court had earlier stayed the trial in the case under the Unlawful …

Wrongful prosecution: plea in Supreme Court seeks guidelines for compensating victims
3 years, 9 months ago

Wrongful prosecution: plea in Supreme Court seeks guidelines for compensating victims

The Hindu  

A petition has been filed in the Supreme Court highlighting need for the government to frame guidelines for compensating victims of wrongful prosecution by the police or authorities. “Surprisingly, India, with a population of around 1.5 billion, has no effective statutory/legal Mechanism for the wrongful prosecutions due to police and prosecutorial misconduct resulting in a pandemic of false cases which …

SC Allows Application For Impleadment of Chhattisgarh Govt. In CBIs' Plea For Transfer Of Trial In 2017 'Fake Obscene CD Case' Outside State
3 years, 10 months ago

SC Allows Application For Impleadment of Chhattisgarh Govt. In CBIs' Plea For Transfer Of Trial In 2017 'Fake Obscene CD Case' Outside State

Live Law  

The Supreme Court on Thursday allowed the impleadment of the state of Chhattisgarh as respondent-party in the plea by the CBI for transfer of the trial in the 'fake obscene CD case' that had rocked Chhattisgarh politics in October 2017 to Delhi or at other place outside of Chhattisgarh. 1 in the transfer petition, for impleadment of the state of …

Supreme Court Weekly Round Up
4 years, 1 month ago

Supreme Court Weekly Round Up

Live Law  

Supreme Court Orders Release Of Arnab Goswami From Jail; Says 'Personal Liberty Must Be Upheld' The Supreme Court on Wednesday granted interim bail to Republic TV anchor Arnab Goswami,who was arrested on November 4 and has been under judicial custody since then in a criminal case relating to abetment to suicide of interior designer Anvay Naik in 2018. A vacation …

Tablighi Jamaat: Delhi HC Transfers Cases from Different Trial Courts to Saket District Court
4 years, 4 months ago

Tablighi Jamaat: Delhi HC Transfers Cases from Different Trial Courts to Saket District Court

News 18  

The Delhi High Court on Monday ordered transferring a batch of cases pending against various foreign nationals, who attended the Tablighi Jamaat event in Delhi and allegedly indulged in missionary activities in violation of visa norms and breached anti-Covid-19 guidelines, to Saket district court for being decided expeditiously. Justice Anup Jairam Bhambhani directed that the charge sheets arising out of …

SC Issues Notice In Woman's Plea Seeking Transfer Of Rape Case Filed By Her In UP Court To Delhi [Read Order]
4 years, 4 months ago

SC Issues Notice In Woman's Plea Seeking Transfer Of Rape Case Filed By Her In UP Court To Delhi [Read Order]

Live Law  

A woman has approached the Supreme Court seeking transfer of a rape case filed by her against the accused who is presently the Assistant Commissioner in the Drugs Control Department at Moradabad, Uttar Pradesh.She contended that the accused Deepak Sharma is absconding himself from the criminal process and is trying to delay the criminal process against him. A woman has …

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