Supreme Court Stays Criminal Trial In Case Where Allahabad HC Failed To Pronounce Decision After 14 Months Since Reserving Orders
2 weeks, 4 days ago

Supreme Court Stays Criminal Trial In Case Where Allahabad HC Failed To Pronounce Decision After 14 Months Since Reserving Orders

Live Law  

The Supreme Court recently stayed criminal trial against an accused, taking into account his grievance that the High Court reserved judgment on his plea for quashing but did not deliver the same despite lapse of 14 months since the orders were reserved. "We do not know the exact reason as to why the learned Judge of the High Court, despite lapse of 14 months since judgment was. "We do not know the exact reason as to why the learned Judge of the High Court, despite lapse of 14 months since judgment was reserved, could not deliver the judgment and dispose of the petition one way or the other.we request the roster bench of the High Court to dispose of the petition in accordance with law as early as possible, preferably within three months from date upon hearing all the parties", said a bench of Justices Dipankar Datta and Sandeep Mehta. In this backdrop, without commenting on High Court's keeping of a judgment reserved for 14 months and then eventually not delivering it, the Supreme Court requested the High Court to dispose of the petition as early as possible and preferably within 3 months.

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History of this topic

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials
11 hours, 34 minutes ago

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials

Live Law  

The Allahabad High Court, on Friday, quashed the criminal proceedings initiated by the borrower, Shipra Group, and the Enforcement Directorate against the Indiabulls Group and its officials as arbitral proceedings pursuant to the loan agreements are already underway, a fact which was suppressed by the informant. Observing that the informant had hidden the various proceedings instituted by him in different …

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest
1 day, 13 hours ago

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest

Live Law  

The Supreme Court delivered several notable judgments in 2024 on the parameters for bail and powers of arrest. PMLA| ED Cannot Arrest On Grave Suspicion Alone; There Must Be Written Reasons To Believe That Accused Is Guilty : Supreme Court Case Title : Arvind Kejriwal v. Directorate of Enforcement | 2024 LiveLaw 463 Coram : Justice Sanjiv Khanna and Justice …

LEGAL ACUMEN | Should Allahabad High Court Justice Shekhar Kumar Yadav be Removed as a Judge for his Controversial Remarks About Muslims?
5 days, 6 hours ago

LEGAL ACUMEN | Should Allahabad High Court Justice Shekhar Kumar Yadav be Removed as a Judge for his Controversial Remarks About Muslims?

The Hindu  

Published : Dec 18, 2024 17:49 IST - 8 MINS READ The Allahabad High Court’s sitting judge, Justice Shekhar Kumar Yadav’s remarks targeting Muslims on December 8 at an event organised by the Vishwa Hindu Parishad’s legal cell, has stirred up a huge controversy: 55 Members of Parliament submitted a memorandum to the Rajya Sabha Secretary General seeking his removal …

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court
Trending News
1 week, 2 days ago

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court

Live Law  

The Supreme Court emphasized that courts should avoid prematurely staying or quashing criminal trials, as this could harm the evidence that needs to be presented during the trial. “Courts must avoid the premature staying or quashing of criminal trials at the preliminary stage since such a measure may cause great damage to the evidence that may have to be adduced …

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court
Trending News
1 week, 2 days ago

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court

Live Law  

The Supreme Court emphasized that courts should avoid prematurely staying or quashing criminal trials, as this could harm the evidence that needs to be presented during the trial. “Courts must avoid the premature staying or quashing of criminal trials at the preliminary stage since such a measure may cause great damage to the evidence that may have to be adduced …

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions
2 weeks ago

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions

Live Law  

The Supreme Court today sought the response of 6 State Governments and their High Courts on the issue of adverse effects of stay orders in criminal trials and the delay in granting sanctions for criminal prosecution. A bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar was hearing the Suo motu case regarding the adverse effect …

Supreme Court Sets Aside Allahabad HC's Imposition Of Rs.1 Lakh Cost On Advocate Mehmood Pracha, Expunges Adverse Remarks Made Against Him
2 weeks ago

Supreme Court Sets Aside Allahabad HC's Imposition Of Rs.1 Lakh Cost On Advocate Mehmood Pracha, Expunges Adverse Remarks Made Against Him

Live Law  

The Supreme Court today set aside Allahabad High Court's imposition of Rs.1 lakh cost on Advocate Mehmood Pracha over a petition filed by him concerning videography during the electoral process. Personal remarks made against the counsel in the impugned High Court order were also expunged.A bench of Justices Surya Kant and Manmohan passed the order, upon Election Commission of India …

Questions that arise after Sambhal order
2 weeks, 5 days ago

Questions that arise after Sambhal order

Hindustan Times  

The Supreme Court’s interim order in the Sambhal mosque dispute last week is emblematic of the delicate legal and communal landscape surrounding the spate of cases filed by Hindu litigants claiming sites currently housing mosques. In cases involving Jharkhand chief minister Hemant Soren and Bharat Rashtra Samithi leader K Kavitha, justice Khanna had firmly directed them to exhaust remedies in …

Fix time for completion of trials, but denying bail no solution, SC tells HCs
3 weeks, 2 days ago

Fix time for completion of trials, but denying bail no solution, SC tells HCs

New Indian Express  

NEW DELHI: The Supreme Court has expressed strong displeasure after discovering that High Courts have been denying bail to people incarcerated for long periods. A two-judge bench of Justices Abhay S. Oka and Augustine George Masih observed, “Every day we notice that in several orders passed by different High Courts while rejecting the bail applications, in a routine manner, the …

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
3 weeks, 3 days ago

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition

Live Law  

The fixing of time for concluding the trial and renewing the Bail application after a certain time became a generally inevitable part of criminal jurisprudence of the High Courts of India and the Supreme Court while deciding Regular Bail Petitions. To de-valuing of clean hand of the accused, facts, circumstance and stage of the case and fixing time for subsequent …

'Classic Case Of How System Operates & Delays Trial': Supreme Court While Allowing Accused To Recall Witness After Over 3 Years
3 weeks, 4 days ago

'Classic Case Of How System Operates & Delays Trial': Supreme Court While Allowing Accused To Recall Witness After Over 3 Years

Live Law  

The Supreme Court on Thursday lamented systematic delays in trial after noting that the trial court illegally recorded the complainant's evidence in a POCSO case in the absence of the accused and his advocate and then both the trial court and the High Court rejected a recall application to allow the accused to cross-examine the complainant. “This is a classic …

Supreme Court Stays Trial In Rabia Saifi Murder Case, Seeks Authorities' Response On Father's Plea For CBI Probe Into Conspiracy
3 weeks, 6 days ago

Supreme Court Stays Trial In Rabia Saifi Murder Case, Seeks Authorities' Response On Father's Plea For CBI Probe Into Conspiracy

Live Law  

On hearing her father's plea to transfer the case to CBI, the Supreme Court yesterday stayed the trial in the murder case of Rabia Saifi, a 21-year-old Civil Defense volunteer with the Delhi government, who was stabbed to death in August, 2021. A bench of Justices Vikram Nath and Prasanna B Varale passed the order, while issuing notice to the …

Allahabad High Court Imposes Rs. 50K Cost On Litigant For Concealing Facts, Says Counsel Had 10 Yrs+ Standing But Failed His Bounden Duty
3 weeks, 6 days ago

Allahabad High Court Imposes Rs. 50K Cost On Litigant For Concealing Facts, Says Counsel Had 10 Yrs+ Standing But Failed His Bounden Duty

Live Law  

While considering a case under the Consolidation of Holdings Act, 1963, the Allahabad High Court has imposed a cost of Rs. Case Background Petitioners approached the Court stating that in the year 2019-20, consolidation proceedings were conducted on their land under the Consolidation of Holdings Act, 1963. High Court Verdict The Court relied on the decision of the Allahabad High …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
4 weeks ago

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials

Live Law  

The Supreme Court on Monday granted bail to a man accused of counterfeiting currency who had been incarcerated for two years and six months invoking the principle that “bail is the rule and jail is the exception.” “Appellant has undergone incarceration for a period of two and a half years. After rejecting the prayer for bail the courts cannot provide …

Supreme Court Deprecates Allahabad HC's Practice Of Disposing Quashing Petitions By Asking Petitioners To Seek Discharge
1 month, 1 week ago

Supreme Court Deprecates Allahabad HC's Practice Of Disposing Quashing Petitions By Asking Petitioners To Seek Discharge

Live Law  

The Supreme Court on Thursday deprecated practice of the Allahabad High Court of directing petitioners seeking quashing of cases to instead apply to the trial court for discharge. A bench of Justice Abhay Oka and Justice AG Masih issued notice on the plea challenging the Allahabad High Court's order that had rejected an application quashing a forgery case. The Allahabad …

High Court to Consider Sharjeel Imam's Request for Expeditious Bail Hearing in UAPA Case
Trending News
1 month, 4 weeks ago

High Court to Consider Sharjeel Imam's Request for Expeditious Bail Hearing in UAPA Case

Live Law  

The Delhi High Court is expected to consider Sharjeel Imam's request for expedited disposal of his bail application in the Delhi riots larger conspiracy case. Imam's bail plea was dismissed by the trial court, but he has sought an early hearing from the High Court. The bench noted that the matter is listed before the High Court on November 25, …

High Court to Consider Sharjeel Imam's Request for Expeditious Bail Hearing in UAPA Case
Trending News
1 month, 4 weeks ago

High Court to Consider Sharjeel Imam's Request for Expeditious Bail Hearing in UAPA Case

Live Law  

The Delhi High Court is expected to consider Sharjeel Imam's request for expedited disposal of his bail application in the Delhi riots larger conspiracy case. Imam's bail plea was dismissed by the trial court, but he has sought an early hearing from the High Court. The bench observed that Imam was not pressing the plea for bail before the Supreme …

High Courts should not sit on bail pleas: Supreme Court
3 months, 1 week ago

High Courts should not sit on bail pleas: Supreme Court

The Hindu  

The Supreme Court on Friday held that a High Court must either relegate bail pleas to the trial court concerned then and there or promptly hear them on merits as the right to personal liberty was at stake. The top court was addressing the argument by the Central Bureau of Investigation that Mr. Kejriwal’s bail application must be sent back …

Breaking News: Supreme Court to Rule Today on Arvind Kejriwal's Bail Plea in CBI Case | ABP News
3 months, 1 week ago

Breaking News: Supreme Court to Rule Today on Arvind Kejriwal's Bail Plea in CBI Case | ABP News

ABP News  

The Supreme Court of India is set to deliver its judgment on September 13, 2024, regarding Delhi Chief Minister Arvind Kejriwal’s petition for release from custody and a request for bail. Kejriwal’s petition challenges the Delhi High Court's decision from August 5, 2024, which upheld his arrest by the Central Bureau of Investigation in relation to the Delhi Excise Policy …

Supreme Court Adjourns Arvind Kejriwal's Bail Plea In CBI Case Till September 5
4 months ago

Supreme Court Adjourns Arvind Kejriwal's Bail Plea In CBI Case Till September 5

Live Law  

The Supreme Court on Friday adjourned the hearing of Delhi Chief Minister Arvind Kejriwal's pleas challenging his arrest and seeking bail in the case registered by the CBI over the alleged Delhi Liquor Policy scam, after the CBI sought time to file a counter-affidavit in the matter.A bench of Justices Surya Kant and Ujjal Bhuyan posted the matter on September …

HC stays execution of sentence given to AAP MP Sanjay Singh
4 months ago

HC stays execution of sentence given to AAP MP Sanjay Singh

Hindustan Times  

Lucknow The Lucknow bench of the Allahabad high court on Thursday stayed execution of the sentence awarded to AAP MP Sanjay Singh in a criminal case till further orders, subject to furnishing a personal bond of Rs. Justice Karunesh Singh Pawar passed the order admitting a criminal revision moved by Sanjay Singh challenging the trial court and the appellate court’s …

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

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

Supreme Court Grants Bail in UAPA Case After 4-Year Wait, Spotlights Prolonged Undertrial Detention, But Inconsistent Application Raises Concerns
5 months, 2 weeks ago

Supreme Court Grants Bail in UAPA Case After 4-Year Wait, Spotlights Prolonged Undertrial Detention, But Inconsistent Application Raises Concerns

The Hindu  

Published : Jul 06, 2024 14:21 IST - 8 MINS READ On bail matters, especially in cases under the draconian Unlawful Activities Act, 1967, the Supreme Court and the High Courts have been, of late, liberal in interpreting the law in favour of the accused. The two-judge bench of the Supreme Court, comprising Justices J.B. Pardiwala and Ujjal Bhuyan on …

Supreme Court refuses to reverse High Court order staying Arvind Kejriwal’s bail
5 months, 4 weeks ago

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

Op India  

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

Supreme Court stays High Court order to consider premature release of gangster-turned-politician Arun Gawli
6 months, 2 weeks ago

Supreme Court stays High Court order to consider premature release of gangster-turned-politician Arun Gawli

The Hindu  

The Supreme Court on June 4 stayed a Bombay High Court judgment directing the State of Maharashtra to grant gangster-turned-politician Arun Gulab Gawli, who is serving life imprisonment in a murder case, the benefit of a premature release policy. The Supreme Court issued notice to Gawli, who had successfully approached the Nagpur Bench of the High Court to get the …

Supreme Court Weekly Round-Up (20 May-25 May, 2024)
6 months, 3 weeks ago

Supreme Court Weekly Round-Up (20 May-25 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. BREAKING | Supreme Court Refuses To Entertain Hemant Soren's Petition Challenging ED Arrest Case Title: Hemant Soren v. Directorate of Enforcement and Anr., …

Supreme Court agrees to expedite hearing of Hemant Soren’s plea against arrest
7 months, 1 week ago

Supreme Court agrees to expedite hearing of Hemant Soren’s plea against arrest

Hindustan Times  

The Supreme Court on Monday gave the Enforcement Directorate three days to respond to a petition filed by former Jharkhand chief minister Hemant Soren against his arrest in an alleged land scam, agreeing to an expedited hearing in the matter due to the ongoing general elections. The apex court noted that the high court had already rendered a decision on …

BREAKING | Former Jharkhand CM Hemant Soren Moves Supreme Court Against HC's Order Dismissing His Challenge To ED Arrest
7 months, 2 weeks ago

BREAKING | Former Jharkhand CM Hemant Soren Moves Supreme Court Against HC's Order Dismissing His Challenge To ED Arrest

Live Law  

Former Jharkhand Chief Minister Hemant Soren has approached the Supreme Court against the High Court's dismissal of the challenge to his arrest by the Enforcement Directorate in the land scam case. The Jharkhand High Court dismissed Soren's plea challenging his arrest by the Enforcement Directorate 4 days after the Supreme Court agreed to hear his plea against ED arrest in …

Supreme Court Reiterates Principles To Be Adhered By Appellate Court While Reversing Acquittal
8 months ago

Supreme Court Reiterates Principles To Be Adhered By Appellate Court While Reversing Acquittal

Live Law  

Recently, the Supreme Court reiterated the principles that must be adhered to by the appellate Court while reversing the decision of acquittal as arrived by the Trial Court. The guiding principles read as follows: “ That the judgment of acquittal suffers from patent perversity; That the same is based on a misreading/omission to consider material evidence on record; That no …

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
8 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 …

Concerned With Trend Of HC Judges Keeping Judgment Reserved For Several Months After Hearing: CJI DY Chandrachud
8 months, 2 weeks ago

Concerned With Trend Of HC Judges Keeping Judgment Reserved For Several Months After Hearing: CJI DY Chandrachud

Live Law  

Chief Justice Of India, DY Chandrachud today expressed serious concerns about High Court judges reserving judgments on matters for long periods after completing the hearing.CJI said that after he wrote to High Court Chief Justices seeking information about the details of cases where judgments have been reserved for over three months, several High Court judges released those matters. Chief Justice …

Supreme Court Summarises Factors To Decide Term Of Sentence Convicts Must Undergo Before Remission In Murder Cases
9 months ago

Supreme Court Summarises Factors To Decide Term Of Sentence Convicts Must Undergo Before Remission In Murder Cases

Live Law  

The Supreme Court, in its verdict, recapitulated certain factors that the courts considered while deciding convicts' period of sentence before remission could be sought. The judgment authored by Justice Vishwanathan recorded: "Illustratively in the process of arriving at the number of years as the most appropriate for the case at hand, which the convict will have to undergo before which …

Krishna Janmabhoomi case | Supreme Court disposes of plea against HC order on consolidation of 15 suits
9 months ago

Krishna Janmabhoomi case | Supreme Court disposes of plea against HC order on consolidation of 15 suits

The Hindu  

The Supreme Court on March 19 disposed of a fresh plea challenging the Allahabad High Court order consolidating 15 suits related to Mathura’s Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute. To save the time of the Court, the expenses to be incurred to the parties, and to avoid conflicting judgments it appears expedient in the interest of justice to consolidate the …

HC's Order 'Smacks of Arbitrariness and Perversity', Supreme Court Sets Aside Allahabad HC's Order Passed Without Hearing Parties
9 months, 1 week ago

HC's Order 'Smacks of Arbitrariness and Perversity', Supreme Court Sets Aside Allahabad HC's Order Passed Without Hearing Parties

Live Law  

The Supreme Court on Monday set aside the order of the Allahabad High Court passed in gross violation of the principle of natural justice whereby the order was passed without hearing to the opposite parties.Terming the order of the High Court as arbitrary and perverse, the Bench Comprising Justices BR Gavai and Sandeep Mehta found that the order was passed …

Supreme Court refuses to stay acquittal of former DU professor Saibaba, says there is no urgency
9 months, 1 week ago

Supreme Court refuses to stay acquittal of former DU professor Saibaba, says there is no urgency

The Hindu  

The Supreme Court on Monday refused to stay the acquittal of former Delhi University professor G.N. Saibaba and five others by the Bombay High Court in a case under the Unlawful Activities Act, saying it would be “unusual” to show urgency to imprison a man whose innocence had been already proved by the judgment of a court of law. On …

By Judicial Order, High Court Cannot Render Advice : Supreme Court
9 months, 2 weeks ago

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

Live Law  

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

Stay orders of High Courts will not automatically lapse after six months: SC
9 months, 3 weeks ago

Stay orders of High Courts will not automatically lapse after six months: SC

The Hindu  

The Supreme Court on February 29 said it could not unnecessarily fiddle with well-thought-out interim orders of High Courts staying criminal and civil proceedings. Chandrachud said the apex court had no power whatsoever to declare that a stay order passed by a High Court after due application of mind would automatically expire within six months. “Putting such constraints on the …

No Automatic Vacation Of Stay Orders Of HCs On Civil & Criminal Trials : Supreme Court Overturns 'Asian Resurfacing' Judgment
9 months, 3 weeks ago

No Automatic Vacation Of Stay Orders Of HCs On Civil & Criminal Trials : Supreme Court Overturns 'Asian Resurfacing' Judgment

Live Law  

In a significant ruling, the Supreme Court on Thursday overturned its 2018 Asian Resurfacing judgment which mandated the interim orders passed by High Courts staying trials in civil and criminal cases will automatically expire after six months from the date of the order, unless expressly extended by the High Courts.The latest verdict, setting aside the earlier ruling, was handed. In …

High Court Shouldn't Have Stayed Investigation & Granted Blanket Protection From Arrest : Supreme Court Sets Aside Relief To Indiabulls Officers
10 months, 1 week ago

High Court Shouldn't Have Stayed Investigation & Granted Blanket Protection From Arrest : Supreme Court Sets Aside Relief To Indiabulls Officers

Live Law  

The Supreme Court set aside the interim protection granted to Indiabulls Housing Finance Ltd. officers in an FIR registered against on a complaint by the Director of Shipra Estate and the consequent investigation by the Enforcement Directorate. Last year, the Allahabad High Court stayed the criminal proceedings, thus protecting the officers from arrest.The Division Bench. The statutory power has to …

Supreme Court Extends Stay On Trial Against Delhi CM Arvind Kejriwal Over 'Khuda Believers' Remark
10 months, 1 week ago

Supreme Court Extends Stay On Trial Against Delhi CM Arvind Kejriwal Over 'Khuda Believers' Remark

Live Law  

The Supreme Court today granted leave to appeal in the Special Leave Petition filed by Aam Aadmi Party leader and Delhi Chief Minister Arvind Kejriwal's seeking discharge in a criminal case arising out of his alleged 'Khuda believers' remark during a 2014 political rally.While passing the order, the Bench of Justices MM Sundresh and SVN Bhatti also extended the stay …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
10 months, 3 weeks ago

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

Live Law  

In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. However, the High Court disposed off his bail application and ordered: “.Be that as it may, as the applicant is in jail …

Supreme Court Stays Allahabad HC Order Mandating Court Approval For Setting Up Educational Tribunals in UP
10 months, 3 weeks ago

Supreme Court Stays Allahabad HC Order Mandating Court Approval For Setting Up Educational Tribunals in UP

Live Law  

The Supreme Court on Tuesday stayed an Allahabad High Court order stipulating that the Uttar Pradesh Educational Service Tribunals should be established only after the permission of the High Court.“We find that the direction issued by the High Court, in effect requiring the State to establish Tribunal after taking leave of the Court, could not have been passed. The Supreme …

Allahabad HC (DB) Refers Matters Involving Lawyers Accused Of Land Grabbing To CJ For Nomination Of Bench For Regular Hearing
11 months, 1 week ago

Allahabad HC (DB) Refers Matters Involving Lawyers Accused Of Land Grabbing To CJ For Nomination Of Bench For Regular Hearing

Live Law  

The Allahabad High Court has referred a bunch of cases involving lawyers accused of land grabbing to the Chief Justice to nominate a specific bench that will be responsible for the regular hearing of these cases. The order was passed by a bench of Justice Rajan Roy and Justice Narendra Kumar Johari to streamline and expedite hearing in these matters …

HC Bench Bound By Judgment Of Coordinate Bench : Supreme Court Stresses Importance Of 'Judicial Discipline'
11 months, 2 weeks ago

HC Bench Bound By Judgment Of Coordinate Bench : Supreme Court Stresses Importance Of 'Judicial Discipline'

Live Law  

The Supreme Court, in its recent judgment, highlighted the importance of ensuring judicial discipline. “The rule of 'Judicial Discipline and Propriety' and the Doctrine of precedents has a merit of promoting certainty and consistency in judicial decisions providing assurance to individuals as to the consequences of their actions.” “Accordingly, when a decision of a coordinate Bench of same High court …

Supreme Court rejects prosecutor’s push to fast-track ruling in Trump election subversion case
1 year ago

Supreme Court rejects prosecutor’s push to fast-track ruling in Trump election subversion case

Associated Press  

WASHINGTON — The Supreme Court said Friday it will not immediately take up a plea by special counsel Jack Smith to rule on whether former President Donald Trump can be prosecuted for his actions to overturn the 2020 election results. The request to leapfrog the appeals court, which Smith himself acknowledged was “extraordinary,” also underscored prosecutors’ concerns that the fight …

Supreme Court Shocked At Advocate Telling High Court That He Won't Argue Before Particular Bench, Issues Contempt Notice
1 year ago

Supreme Court Shocked At Advocate Telling High Court That He Won't Argue Before Particular Bench, Issues Contempt Notice

Live Law  

The Supreme Court, while hearing a criminal appeal, expressed its shock at the conduct of an advocate for refusing to argue before the High Court. “Needless to add that only on account of default by the advocate for the appellants, the appellants ought not to have been penalized by passing a drastic order of cancelling bail.” Elaborating, the Court went …

Supreme Court Doubts 'Asian Resurfacing' Judgment On Automatic Stay Vacation; Refers To 5-Judge Bench
1 year ago

Supreme Court Doubts 'Asian Resurfacing' Judgment On Automatic Stay Vacation; Refers To 5-Judge Bench

Live Law  

In a significant development, the Supreme Court on Friday expressed reservations about its 2018 judgment in Asian Resurfacing of Road Agency P. Ltd. Director V. Central Bureau of Investigation as per which interim orders of stay granted by High Courts and other courts in civil and criminal cases will automatically expire after a period of six months unless the orders …

Supreme Court Expunges Remarks Against Judge In Gauhati HC Judgment
1 year, 1 month ago

Supreme Court Expunges Remarks Against Judge In Gauhati HC Judgment

Live Law  

The Supreme Court on Friday ordered expunction of certain disparaging remarks made by the Gauhati High Court against a Special NIA Court Judge, who is at present a sitting judge of the High Court. The petitioner, who is currently a sitting judge of the Gauhati High Court, had approached the Top Court seeking expunction of some disparaging remarks made in …

Supreme Court Refuses To Entertain CBI's Challenge To HC Stay Of Probe Against DK Shivakumar, Asks HC To Decide In 2 Weeks
1 year, 1 month ago

Supreme Court Refuses To Entertain CBI's Challenge To HC Stay Of Probe Against DK Shivakumar, Asks HC To Decide In 2 Weeks

Live Law  

The Supreme Court Friday refused to entertain the plea by the Central Bureau of Investigation challenging Karnataka High Court's decision to stay an investigation against Deputy Chief Minister DK Shivakumar in a disproportionate assets case. However, the Court requested the High Court to consider the application filed by the CBI for vacating the stay granted and the appeal pending before …

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