Trial of Public Servant with Invalid Sanction is Null and void and Non-est; Second Trial is permissible with Valid Sanction: SC
9 years, 8 months ago

Trial of Public Servant with Invalid Sanction is Null and void and Non-est; Second Trial is permissible with Valid Sanction: SC

Live Law  

A Supreme Court Bench comprising Justice T.S. Thakur and Justice Amitava Roy, in a recent decision in the case of Nanjappa v. State of Karnataka has held that a Trial of Public Servant with Invalid Sanction is Null and void and Non-est. In such cases, second Trial is permissible with Valid Sanction.The Court was hearing an Appeal filed against a judgment passed by the Karnataka High Court. If the trial Court proceeds, despite the invalidity attached to the sanction order, the same shall be deemed to be non-est in the eyes of law and shall not forbid a second trial for the same offences, upon grant of a valid sanction for such prosecution,” the Court observed. The Court further observed that the rationale behind section 19 and 19 is that “if the trial has proceeded to conclusion and resulted in a finding or sentence, the same should not be lightly interfered with by the appellate or the revisional court simply because there was some omission, error or irregularity in the order sanctioning prosecution under Section 19.” The Apex Court noted that in the case at hand, the Special Court not only entertained the contention urged on behalf of the accused about the invalidity of the order of sanction but found that the authority issuing the said order was incompetent to grant sanction.

Karnataka Supreme Court Trial Court Public Servant Sanction Order Case High Valid Valid Sanction Second Trial Invalid Sanction Nanjappa  void  sanction  public  high  second  null  servant  case  passed  order  nanjappa  valid  permissible  court  sc  trial  prosecution

History of this topic

Karnataka High Court refuses to interfere with sanction granted for prosecuting three officials for ‘illegally’ favouring former Chief Secretary’s mother
3 weeks, 3 days ago

Karnataka High Court refuses to interfere with sanction granted for prosecuting three officials for ‘illegally’ favouring former Chief Secretary’s mother

The Hindu  

The High Court of Karnataka has refused to interfere with the sanction granted by the State government for prosecuting V. Shankar, former Deputy Commissioner of Bengaluru Urban district, and two others in a criminal case of alleged misconduct in official discharge of duties by favouring the mother of the then Chief Secretary in allegedly owning two acres of government land …

Karnataka HC sends POCSO case against ex-CM back to trial court for fresh order on cognisance
1 month, 3 weeks ago

Karnataka HC sends POCSO case against ex-CM back to trial court for fresh order on cognisance

The Hindu  

The High Court of Karnataka on Friday remitted to the trial court to pass appropriate order afresh on the issue of taking cognisance of offences based on the chargesheet filed against former Chief Minister B.S. Terming the July 4, 2024 order of taking cognisance of offence by the trial court as “bald, laconic and cryptic”, the High Court directed the …

Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court
1 month, 4 weeks ago

Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court

Live Law  

the Courts while exercising its discretion at the time of passing the appropriate sentence in a given case, is entitled to use its discretionary power in awarding imprisonment or fine or with both. The Karnataka High Court recently observed that an accused who has suffered an order of conviction in a prosecution under Section 138 of the Negotiable Instruments Act …

Delhi High Court clears public servant in negligence case, cites belated sanction
2 months ago

Delhi High Court clears public servant in negligence case, cites belated sanction

India Today  

Sanction has to be obtained by the prosecuting agency before a court takes cognisance and any subsequent sanction would be futile, the Delhi High Court held recently. Justice Neena Krishna Bansal passed the order in a case where a belated sanction was accorded for prosecution of public servants -- the petitioner, an MCD school principal, and a junior engineer contractor …

Karnataka High Court Dismisses Plea Of Jayalalithaa's Legal Heirs Seeking Return Of Her Properties Confiscated In DA Case
2 months, 2 weeks ago

Karnataka High Court Dismisses Plea Of Jayalalithaa's Legal Heirs Seeking Return Of Her Properties Confiscated In DA Case

Live Law  

The Karnataka High Court on Monday dismissed an appeal challenging a trial court filed by the legal heirs of former Tamil Nadu Chief Minister J Jayalalithaa, seeking to release her property/assets seized by the authorities in the disproportionate assets case registered against her in 2004, in their favour. Further, they contended that the assets seized by the prosecuting agency also …

'Permitting Trial Would Be An Exercise In Futility': Karnataka High Court Quashes 'Oldest Case' In State After 44 Yrs
3 months ago

'Permitting Trial Would Be An Exercise In Futility': Karnataka High Court Quashes 'Oldest Case' In State After 44 Yrs

Live Law  

“ Therefore, if acquittal is eminent in a trial, permitting such trial against the accused would be nothing but waste of precious judicial time as is observed hereinabove. Thus, ends the oldest case, in the criminal justice system, of the State, perhaps, which is 44 years old.” Justice M Nagaprasanna while allowing the petition by Chadra alias V Chandrashekara Bhat, …

Principle Of Res Judicata Bars Second Amendment Application Seeking Identical Reliefs: Jharkhand High Court
3 months ago

Principle Of Res Judicata Bars Second Amendment Application Seeking Identical Reliefs: Jharkhand High Court

Live Law  

The Jharkhand High Court in a recent judgement has reiterated that an order passed at one stage of a proceeding bars the reconsideration of the same issue at a later stage. Deorjin Debi reported in AIR 1960 SC 941. held that an order at one stage of proceeding acts as res judicata at all later stages of same proceeding.” As …

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
3 months, 1 week ago

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds

Live Law  

The Karnataka High Court on Tuesday allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. It said “The counsel being changed for qua the other accused raising different grounds that were not raised by …

S. 19 PC Act | Irregularity In Sanction Order No Ground For Acquittal Unless Failure Of Justice Is Shown : Supreme Court
3 months, 2 weeks ago

S. 19 PC Act | Irregularity In Sanction Order No Ground For Acquittal Unless Failure Of Justice Is Shown : Supreme Court

Live Law  

The Supreme Court clarified that an irregularity in obtaining sanction to prosecute a public servant under the Prevention of Corruption Act, 1988, does not justify an acquittal unless it causes prejudice to the accused. The appellant-CBI contended that despite noting that had proved the demand and acceptance of a bribe by the public servant and the defence failed to rebut …

Karnataka High Court Modifies Imprisonment Sentence Of Cancer Patient For Wilful Disobedience Of Order, Imposes ₹3 Lakh Fine Instead
3 months, 2 weeks ago

Karnataka High Court Modifies Imprisonment Sentence Of Cancer Patient For Wilful Disobedience Of Order, Imposes ₹3 Lakh Fine Instead

Live Law  

The Karnataka High Court has set aside one month's civil imprisonment term imposed on a cancer patient for the willful disobedience of the Court, instead it directed him to pay Rs 3 lakh fine. It said, “since the appellant is suffering from cancer and taking note of mental agony on the plaintiffs, it is appropriate to award a fine of …

S. 197 CrPC | Once Denied, Sanction to Prosecute Public Servant Cannot Be Granted Again On Same Material : Supreme Court
3 months, 3 weeks ago

S. 197 CrPC | Once Denied, Sanction to Prosecute Public Servant Cannot Be Granted Again On Same Material : Supreme Court

Live Law  

The Supreme Court recently held that once a sanction to prosecute a public servant has been denied, it cannot be granted again unless new material is presented to the competent authority justifying the subsequent sanction.“The subsequent sanction was given based on the same material, therefore, in the absence of any other contra material which weighed in the mind of the …

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
3 months, 4 weeks ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law  

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court
4 months, 2 weeks ago

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court

Live Law  

Dismissing a plea against an order refusing to grant sanction to prosecute a public servant, the Kerala High Court observed that the decision to grant or refuse sanction to prosecute a public servant vests absolutely with the sanctioning authority, adding that its purpose is to insulate the public servant from frivolous prosecution. In this case, the petitioners had approached the …

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
7 months, 4 weeks ago

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him. Manjunath had challenged …

POCSO Case: Karnataka High Court Exempts Former Chief Minister BS Yediyurappa From Personal Appearance Before Trial Court On July 15
8 months, 2 weeks ago

POCSO Case: Karnataka High Court Exempts Former Chief Minister BS Yediyurappa From Personal Appearance Before Trial Court On July 15

Live Law  

The Karnataka High Court on Friday adjourned to July 26, hearing of a petition filed by former Chief Minister BY Yediyurappa seeking to quash a POCSO case registered against him. Ld judge of court below is requested to grant exemption for the day, on the next date of hearing till any other day, till this matter is taken up for …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year, 1 month 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 …

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC
1 year, 4 months ago

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC

Live Law  

While emphasizing that non-compliance with the mandatory period for granting sanction to prosecute a public servant should not automatically lead to the quashing of criminal proceedings, especially when the case involves the prosecution of a public servant for corruption, the Jharkhand High Court has dismissed the petition filed by Upendra Nath Mandal, the Former Senior Manager of MECON Ltd, seeking …

Supreme Court Stays Karnataka HC Judgment Setting Aside Election Of JD(S) MP Prajwal Revanna
1 year, 6 months ago

Supreme Court Stays Karnataka HC Judgment Setting Aside Election Of JD(S) MP Prajwal Revanna

Live Law  

The Supreme Court on Monday, as an interim direction, stayed the judgement of the Karnataka High Court which set aside the election of Janata Dal Prajwal Revanna as a Member of Parliament from Hassan Parliamentary constituency in 2019 Lok Sabha elections, for filing a false election affidavit. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra …

Recent Important Judgments On Service Law - Appointments, Pension, Disciplinary Proceedings
1 year, 6 months ago

Recent Important Judgments On Service Law - Appointments, Pension, Disciplinary Proceedings

Live Law  

Appointment and RTI matters Supreme Court Appointment Can’t Be Denied Citing Suppression of Material Facts When Employer’s Query Was Vague The Court in State of West Bengal v. Mitul Kumar Jana 2023 LiveLaw 714, while adjudicating upon the allegations of suppressing information related to a criminal case during the application process, held that “For determining suppression or false information attestation/verification …

Principles Of Natural Justice Not Violated When The Opportunity To Make Oral Submission Is Not Availed: Delhi High Court
1 year, 6 months ago

Principles Of Natural Justice Not Violated When The Opportunity To Make Oral Submission Is Not Availed: Delhi High Court

Live Law  

The High Court of Delhi has held that the principles of natural justice are not violated when the opportunity to make oral submissions on an issue was granted but not availed by the party. The Court remarked that when the dispute between the parties was based on documents, merely because the oral arguments were not addressed by a party, does …

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court
1 year, 9 months ago

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court

Live Law  

The Karnataka High Court has held that the trial court has the power to find an accused guilty for the lesser offence even though the charges were framed for major offences. But the trial Court found him guilty and convicted and sentenced him to undergo 10 years imprisonment for the offence punishable under Section 6 of the Act. Such being …

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial
2 years ago

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial

Live Law  

The Gujarat High Court recently refused to interfere with the order of trial court rejecting former IAS Officer Pradeep Sharma's application for discharge in a case under Prevention of Money Laundering Act. The single judge bench of Justice Samir J. Dave observed: “While rejecting the discharge application of the applicant, learned trial court has specifically observed that on the basis …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
2 years, 1 month ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

Plea To Quash S.138 NI Act Conviction Not Maintainable U/S 482 CrPC: Karnataka High Court
2 years, 1 month ago

Plea To Quash S.138 NI Act Conviction Not Maintainable U/S 482 CrPC: Karnataka High Court

Live Law  

The Karnataka High Court has said that a petition filed under Section 482 of the Criminal Procedure Code, seeking to quash conviction handed down to an accused under the Negotiable Instruments Act is not maintainable. Therefore, the High Court can entertain Section 482 of Cr.P.C, if the complaint is dismissed for non-prosecution or dismissed for default under section 256 of …

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court
2 years, 2 months ago

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court

Live Law  

The Karnataka High Court has enhanced the sentence of five years imposed by the special court on an accused convicted under the Protection of Children From Sexual Offences, Act, observing that when the statute has prescribed a minimum sentence of seven years for the offence punishable, the Special Judge did not have any power whatsoever to reduce minimum sentence to …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]
2 years, 4 months 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 - …

Acquittal In Criminal Case Can Be Considered To Determine Punishment In Department Enquiry: Andhra Pradesh High Court
2 years, 6 months ago

Acquittal In Criminal Case Can Be Considered To Determine Punishment In Department Enquiry: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court held that the order of acquittal in a criminal case can be considered in a punishment to be imposed in the departmental enquiry. Brief Facts of the Case The Writ Petition had been filed under Article 226 of the Constitution of India to challenge the Award dated 10.07.2013 by the 1st …

Decree Is Ex-Parte In Nature If Defendant Could Not Adduce Evidence After Filing Written Statement: Andhra Pradesh High Court
2 years, 8 months ago

Decree Is Ex-Parte In Nature If Defendant Could Not Adduce Evidence After Filing Written Statement: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently set aside a decree and judgment which was ex-parte in nature as the defendant could not adduce evidence during trial due to ill health. "the impugned decree and judgment are only ex- parte in nature since the evidence of defendant was not adduced in this case and he failed to attend the Court…So there …

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]
2 years, 9 months ago

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]

Live Law  

Code of Civil Procedure, 1908 - Appeal against High Court judgment which upheld the procedure adopted by the Execution Court that did not invite objections under Order XXI Rule 34 from Judgment debtor to draft sale deed produced by Decree holder - Allowed - Clearly contravenes the salutary provisions of Order XXI Rule 34 - The objections of the appellant …

Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022
2 years, 11 months ago

Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

Competent Authority Required To Look At 'Entire Material' Placed On Record While Declining To Grant Sanction To Prosecute: Karnataka High Court
3 years, 3 months ago

Competent Authority Required To Look At 'Entire Material' Placed On Record While Declining To Grant Sanction To Prosecute: Karnataka High Court

Live Law  

The Karnataka High Court has held that an investigating agency cannot be construed as a person aggrieved of an order passed by the State refusing to grant sanction to prosecute, a government servant in this case. It observed, "In my considered view, no fault can be found with the exercise of discretion of the competent authority in looking into the …

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court
3 years, 4 months ago

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court

Live Law  

The Kerala High Court observed that a sanction order should contain reasons and must also reflect the materials considered by the authority for the purpose of deciding the necessity for granting sanction for prosecution of the public servant.In this case, the contention raised by the accused was that the prosecution case has been initiated in violation of the statutory stipulations …

Validity Of Sanction Order Can Also Be Raised In The Course Of Trial: Supreme Court
3 years, 6 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 …

"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea
4 years, 2 months ago

"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea

Live Law  

The Supreme court has issued notice in a Special Leave Petition filed by HD Kumaraswamy limited to the question as to whether without sanction the Special Judge could have taken cognizance of a complaint under Prevention of Corruption Act.Challenging the Karnataka High Court judgment which dismissed his petition filed under Section 482 of the Code of Criminal Procedure, the JD …

[Case On Violation Of Election Code Of Conduct] Karnataka HC Stays Summons Against Yediyurappa [Read Petition]
4 years, 6 months ago

[Case On Violation Of Election Code Of Conduct] Karnataka HC Stays Summons Against Yediyurappa [Read Petition]

Live Law  

The Karnataka High Court while reserving its order on the petition filed by Chief Minister B.S.Yediyurappa has stayed the summons issued to him by a district court at Gokak. Based on the complaint, the police registered a Non-Cognizable Report bearing and made a requisition on 26.11.2019, before the Trial Court to seek permission to register and investigate into the alleged …

Karnataka HC Directs State To Reconsider Its Decision Of Not Allowing Emergency Parole To Prisoners Undergoing Sentence In Default Of Fine [Read Order]
4 years, 8 months ago

Karnataka HC Directs State To Reconsider Its Decision Of Not Allowing Emergency Parole To Prisoners Undergoing Sentence In Default Of Fine [Read Order]

Live Law  

The Karnataka High Court has directed the State government to reconsider its decision of not allowing 'emergency parole leave' to prisoners undergoing sentence in default of fine not preceded with substantive sentence. A division bench of Chief Justice Abhay Oka and Justice Nataraj Ramasway said "Prima facie, it appears to us that the exclusion introduced by Clause may not be. …

High Courts Weekly Round-Up
5 years, 1 month ago

High Courts Weekly Round-Up

Live Law  

Allahabad High Court Marital Status Of A Daughter Alone Not A Ground For Rejecting Claim For Compassionate Appointment: Reiterates Allahabad HC The Lucknow bench of the Allahabad High Court has reiterated that marital status of a daughter alone cannot be the ground for rejecting her application for compassionate appointment in terms of The U.P. ● Karnataka High Court After Ten …

Death Of The Sole Public Servant Does Not Enable The Special Judge Under The P.C. Act To Transmit The Case To The Regular Criminal Court For Trial Of The Surviving Non-Public Servants
5 years, 3 months ago

Death Of The Sole Public Servant Does Not Enable The Special Judge Under The P.C. Act To Transmit The Case To The Regular Criminal Court For Trial Of The Surviving Non-Public Servants

Live Law  

I chanced to come across a recent judgment of a learned single Judge of the High Court of Kerala directing the Special Judge exercising jurisdiction under the Prevention of Corruption Act, 1988, to transmit the C.C. 20.64 crores and thereby committed offences under Section 5 punishable under Section 5 of the Prevention of Corruption Act, 1947 corresponding to Section 13 …

Karnataka HC Upholds Conviction Of LeT Operative Who Conspired To Attack IT Hubs And Secretariat Building In Bengaluru [Read Judgment]
5 years, 3 months ago

Karnataka HC Upholds Conviction Of LeT Operative Who Conspired To Attack IT Hubs And Secretariat Building In Bengaluru [Read Judgment]

Live Law  

The Karnataka High Court has upheld the conviction and life sentence imposed on Imran Jalal @ BILAL, a member of the banned terrorist organisation Lashkar-e-Toiba, who had conspired to carry out terrorist attacks on major IT companies like Infosys, Wipro, ITP, HAL and Vidhana Soudha in Bengaluru to kill innocent people and to wage war against the Government of India. …

If Victims Evidence Inspires Confidence In Absence Of Medical Evidence Court Can Convict Rape Accused : Karnataka HC [Read Judgment]
5 years, 5 months ago

If Victims Evidence Inspires Confidence In Absence Of Medical Evidence Court Can Convict Rape Accused : Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court while setting aside an acquittal order and convicting a 47-year old man on charges of raping a minor girl said "The very evidence of victim inspires confidence of the Court that accused subjected her to sexual act and even in the absence of medical evidence this court can come to the conclusion that victim was subjected …

Issue Of Invalidity Of Sanction To Be Raised During Trial, Not At Stage Of Discharge Application: SC [Read Judgment]
5 years, 6 months ago

Issue Of Invalidity Of Sanction To Be Raised During Trial, Not At Stage Of Discharge Application: SC [Read Judgment]

Live Law  

The Supreme Court has held that though the absence of sanction can be agitated during stage of discharge application, but the issue of invalidity of the sanction is to be raised during the trial.In this case, the Special Court as well as the High Court, while allowing the plea of discharge filed by the accused had held that the sanction …

Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction: SC [Read Judgment]
6 years, 4 months ago

Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction: SC [Read Judgment]

Live Law  

‘There was no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution.’The Supreme Court on Tuesday held that when the accused was discharged due to lack of proper sanction, the principles of “double jeopardy” will not apply, and there is no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution.In. ‘There was …

Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction: SC [Read Judgment]
6 years, 4 months ago

Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction: SC [Read Judgment]

Live Law  

‘There was no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution.’The Supreme Court on Tuesday held that when the accused was discharged due to lack of proper sanction, the principles of “double jeopardy” will not apply, and there is no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution.In. ‘There was …

Can A Person Be Disqualified From Appointment As A Judicial Officer Citing Acquitted Criminal Cases? SC To Examine [Read Order]
6 years, 10 months ago

Can A Person Be Disqualified From Appointment As A Judicial Officer Citing Acquitted Criminal Cases? SC To Examine [Read Order]

Live Law  

The Supreme Court has granted an ad-interim stay of operation of the Rajasthan High Court judgment by which the High Court directed to appoint one Scheduled Caste candidate Akashdeep Morya to the post of Civil Judge and Judicial Magistrate quashing the order disqualifying him for the post citing four criminal cases registered against him in the past, though he was …

Can A Person Be Disqualified From Appointment As A Judicial Officer Citing Acquitted Criminal Cases? SC To Examine [Read Order]
6 years, 10 months ago

Can A Person Be Disqualified From Appointment As A Judicial Officer Citing Acquitted Criminal Cases? SC To Examine [Read Order]

Live Law  

The Supreme Court has granted an ad-interim stay of operation of the Rajasthan High Court judgment by which the High Court directed to appoint one Scheduled Caste candidate Akashdeep Morya to the post of Civil Judge and Judicial Magistrate quashing the order disqualifying him for the post citing four criminal cases registered against him in the past, though he was …

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]
7 years ago

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has observed that the appellate court while converting the judgment of acquittal into conviction, need not hear the accused on the question of sentence.The bench of Justice S Sujatha and Justice John Michael Cunha made this observation while reversing the trial court order of acquittal of a man accused of murdering his wife. The Karnataka High …

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]
7 years ago

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has observed that the appellate court while converting the judgment of acquittal into conviction, need not hear the accused on the question of sentence.The bench of Justice S Sujatha and Justice John Michael Cunha made this observation while reversing the trial court order of acquittal of a man accused of murdering his wife. The Karnataka High …

All You Need To Know About Prosecution Sanction [Part-II]
7 years, 9 months ago

All You Need To Know About Prosecution Sanction [Part-II]

Live Law  

E SECTION 197 Cr.P.C DISSECTED AND DISMANTLED Prosecution sanction either by the Central Government or by the State Government under Section 197 Cr.P.C is a condition precedent for taking cognizance of an offence by a criminal court against a Judge, Magistrate or public servant only if – 1he is removable from his office eitheri)by the Government,ORii) with. E SECTION 197 …

Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab Initio: SC [Read Judgment]
8 years, 2 months ago

Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab Initio: SC [Read Judgment]

Live Law  

The Supreme Court, in Saloni Arora vs. State, has reiterated that in order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure prescribed under Section 195 of the Code else such action is rendered void ab initio.A bench comprising Justice AK Sikri and Justice AM Sapre observed that such a …

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]
8 years, 6 months ago

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]

Live Law  

In a rare event of its kind, Justice Anand Byrareddy of the Karnataka High Court has refused to follow dictum laid down in an apex court judgment, widely opined as per incuriam, wherein his own judgment was upheld by the Supreme Court.Justice Byrareddy, in his judgment dated 21st May, 2013, in M.K. In a rare event of its kind, Justice …

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