'Shocking': Bombay HC slams lower court's order granting partial relief to 5 cops in Badlapur encounter case
3 weeks, 3 days ago

'Shocking': Bombay HC slams lower court's order granting partial relief to 5 cops in Badlapur encounter case

New Indian Express  

On Thursday, a division bench of Justices Revati Mohite Dere and Neela Gokhale, hearing a petition filed by the accused's father claiming that his son was killed in a fake encounter, was informed of the sessions court's order. The bench asked how the sessions court could pass such an order when the HC was seized of the matter. The high court, meanwhile, on Thursday appointed senior advocate Manjula Rao as an amicus curiae after Shinde's parents said they did not wish to pursue the case further. The court asked Rao to assist the court on several issues including whether the state government should register an FIR based on the magistrate's report.

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History of this topic

Magistrate report on Badlapur case: Want to challenge entire matter in sessions court, govt tells HC
4 days, 11 hours ago

Magistrate report on Badlapur case: Want to challenge entire matter in sessions court, govt tells HC

Hindustan Times  

Mumbai, The Maharashtra government on Wednesday told the Bombay High Court that it wants to challenge the entire proceedings in the Thane sessions court concerning a magisterial inquiry report on the death of Badlapur sexual assault case accused. Magistrate report on Badlapur case: Want to challenge entire matter in sessions court, govt tells HC The government also said that the …

After high court rap, Maha govt challenges Thane court order in Badlapur encounter case
2 weeks, 4 days ago

After high court rap, Maha govt challenges Thane court order in Badlapur encounter case

India Today  

After being pulled up by the Bombay High Court, the Maharashtra government has filed an appeal against the Thane Sessions Court order, which had kept crucial paragraphs from the Magistrate's report in the Badlapur police encounter case in abeyance following an approach by the policemen involved. The plea further pointed out that since the entire issue of the Badlapur encounter …

Swati Maliwal Assault Case: Delhi Police Moves High Court Against Order To Supply List Of Unrelied Documents To Bibhav Kumar
2 weeks, 5 days ago

Swati Maliwal Assault Case: Delhi Police Moves High Court Against Order To Supply List Of Unrelied Documents To Bibhav Kumar

Live Law  

The Delhi Police on Tuesday moved the Delhi High Court challenging a trial court order rejecting its plea over the issue of supply of list of unrelied documents to Bibhav Kumar, close aid of former Chief Minister Arvind Kejriwal and accused in the alleged Swati Maliwal assault case.The Delhi Police has impugned an order passed by a sessions court on …

'Overstepping jurisdiction': SC sets aside HC order on compensation for wrongful confinement
3 weeks, 1 day ago

'Overstepping jurisdiction': SC sets aside HC order on compensation for wrongful confinement

The Hindu  

Frowning upon courts overstepping jurisdiction, the Supreme Court has set aside an order of the Allahabad High Court which directed the Director of Narcotics Control Bureau to pay ₹5 lakh as compensation to a man for alleged wrongful confinement. The apex court was hearing an appeal filed by the Narcotics Control Bureau challenging an order of the Lucknow bench of …

Bombay High Court 'Shocked' As Thane Court Stays Magistrate's Finding That Badlapur Encounter Was Fake
3 weeks, 3 days ago

Bombay High Court 'Shocked' As Thane Court Stays Magistrate's Finding That Badlapur Encounter Was Fake

Live Law  

The Bombay High Court on Thursday expressed 'shock' over a Thane Sessions Court judge, who stayed the 'findings' of a Magistrate Enquiry, which concluded that there was 'substance' in the allegations made by the parents of the accused in the Badlapur Sexual Assault Case that their son was killed in a 'fake encounter. The Bombay High Court on Thursday expressed …

Badlapur encounter: Relief for 5 cops as Thane court puts probe findings on hold
3 weeks, 3 days ago

Badlapur encounter: Relief for 5 cops as Thane court puts probe findings on hold

India Today  

The Thane Sessions Court, in an interim order, has temporarily put on hold the findings of a Judicial Magistrate that held five policemen responsible for the encounter of Akshay Shinde, an accused in the Badlapur sexual assault case. WHAT COURT SAID Additional Sessions Judge DR Deshpande passed the order while considering petitions from the policemen, including Senior Police Inspector Sanjay …

High Court slams Maharashtra govt for laxity in Atrocities Act case, seeks compliance
1 month ago

High Court slams Maharashtra govt for laxity in Atrocities Act case, seeks compliance

India Today  

The Bombay High Court on Monday criticised the Maharashtra government for its lackadaisical approach in taking action against its own Additional Public Prosecutor, who was absent during the hearing of a case under the Scheduled Castes and Scheduled Tribes Act. The bench of Justice Prithviraj Chavan was hearing a petition filed by one SV Guthule, who belongs to the Scheduled …

Magistrate/Sessions Court Has No Jurisdiction To Grant Bail To Accused If HC Issues NBW In Appeals Against Acquittal Or Conviction: Allahabad HC [FB]
1 month, 3 weeks ago

Magistrate/Sessions Court Has No Jurisdiction To Grant Bail To Accused If HC Issues NBW In Appeals Against Acquittal Or Conviction: Allahabad HC [FB]

Live Law  

A full bench of the Allahabad High Court has held that where the High Court has consciously issued a non-bailable warrant for the arrest of an accused, against whose acquittal/conviction an appeal has been moved, the Magistrate or the Sessions Judge, as the case may be, would have no jurisdiction to release such person on bail. nor Session Judge would …

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

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

Hindustan Times  

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

Supreme Court sets aside HC order criticising Collegium & CM Jagan
1 year, 1 month ago

Supreme Court sets aside HC order criticising Collegium & CM Jagan

New Indian Express  

NEW DELHI: In a relief to the Andhra Pradesh government, the Supreme Court on Friday quashed a controversial order passed by the State High Court in which Justice Rakesh Kumar had strongly slammed the Collegium and Chief Minister YS Jagan Mohan Reddy. The bench was hearing an appeal filed by the State government challenging a December 31, 2020 order passed …

Judge Vs Judge row In Cal HC: Supreme Court Transfers Pleas In Bengal Caste Certificate Scam Case To Itself
1 year, 1 month ago

Judge Vs Judge row In Cal HC: Supreme Court Transfers Pleas In Bengal Caste Certificate Scam Case To Itself

ABP News  

The Supreme Court on Monday transferred all the proceedings in the writ appeal from the Calcutta High Court in alleged scam in West Bengal caste certificate case to itself. A 5-judge bench of the top court transferred to itself the case from the high court which triggered judicial spat between two high court judges as a single bench of the …

Supreme Court Stays HC Order To Punjab Police To Probe Alleged Illegalities In Chandigarh Police's Arrest Of Dentist
2 years ago

Supreme Court Stays HC Order To Punjab Police To Probe Alleged Illegalities In Chandigarh Police's Arrest Of Dentist

Live Law  

The Supreme Court on Friday issued notice on a plea by the union territory of Chandigarh against Punjab and Haryana High Court’s direction to the Punjab police to probe allegations against Chandigarh police of illegalities in the arrest of a city dentist last year. A division bench of Justices AS Bopanna and Hima Kohli also stayed the state high court's …

Supreme Court Refuses To Interfere With Calcutta High Court's Stay On Criminal Proceedings Against Suvendu Adhikari
3 years, 3 months ago

Supreme Court Refuses To Interfere With Calcutta High Court's Stay On Criminal Proceedings Against Suvendu Adhikari

Live Law  

The Supreme Court on Monday refused to interfere with the September order of a Single Bench of the High Court staying criminal proceedings initiated against BJP MLA and Leader of the Opposition in West Bengal Assembly Suvendu Adhikari. The Bench, dismissing the same, had observed, "This batch of analogous intra-Court appeals are held to be not maintainable" On Monday, Senior …

Sessions Court Cannot Stay Own Bail Order Under CrPC - Bombay High Court
3 years, 3 months ago

Sessions Court Cannot Stay Own Bail Order Under CrPC - Bombay High Court

Live Law  

In a significant order, the Bombay High Court has held that a sessions court cannot stay its own order granting bail to an accused under the criminal procedure code. Justice SK Shinde held thus while setting aside the Special NIA court's decision to stay its own held thus while setting aside the Special NIA court's decision to stay its own …

S. 439 CrPC: Delhi High Court Stays Sessions Court's Bail Order Castigating Police Investigation
3 years, 4 months ago

S. 439 CrPC: Delhi High Court Stays Sessions Court's Bail Order Castigating Police Investigation

Live Law  

The Delhi High Court has stayed an order passed by a Sessions Court in bail proceedings, wherein it had pulled up an Investigating Officer of the Delhi Police for conducting perfunctory investigation in connection with a dowry death case.Justice Chandra Dhari Singh observed,"it is a settled position of law that the lower courts are not akin to constitutional courts. The …

Supreme Court Issues Notice On Uttar Pradesh Challenge To Karnataka HC Order Quashing Summons To Twitter India Head
3 years, 5 months ago

Supreme Court Issues Notice On Uttar Pradesh Challenge To Karnataka HC Order Quashing Summons To Twitter India Head

Live Law  

The Supreme Court on Friday issued notice on a petition filed by the State of Uttar Pradesh challenging the Karnataka High Court's judgment which quashed the notice issued by the UP Police to the then Twitter India Managing Director Manish Maheshwari in the FIR registered over the videos posted in Twitter showing the assault of a Muslim man in Ghaziabad.A …

Supreme Court Cautions High Courts Against Unnecessary Summoning Of Officers, Quashes Jharkhand HC Order
3 years, 8 months ago

Supreme Court Cautions High Courts Against Unnecessary Summoning Of Officers, Quashes Jharkhand HC Order

Live Law  

The Supreme Court has recently quashed an order of the Jharkhand High Court in an anticipatory bail case, seeking the personal presence of State officials for the "betterment of the criminal justice system." A division bench comprising Justice Sanjay Kishan Kaul and Krishna Murari took objection to the impugned judgment and cautioned High Courts against "unnecessary summoning officers" in a …

"This Is Jungle Raj": Supreme Court Pulls Up Madhya Pradesh Govt. For Not Arresting Murder Accused,Orders Probe On Alleged Threat To Judge By SP
4 years ago

"This Is Jungle Raj": Supreme Court Pulls Up Madhya Pradesh Govt. For Not Arresting Murder Accused,Orders Probe On Alleged Threat To Judge By SP

Live Law  

In connection with Congress leader Devendra Chaurasia's murder in Damoh, Madhya Pradesh, the Supreme Court on Friday pulled up the State Government over its failure to arrest the accused, BSP MLA Rambai Prajapati's husband Govind Singh. The bench of Justices D. Y. Chandrachud and M. R. Shah was considering Chaurasia's son, Somesh Chaurasia's plea in context of the Madhya Pradesh …

Should Plea Against Sessions Court Order Denying Bail Under UAPA Be Placed Before Division Bench?: Madras HC Refers Question To Larger Bench
4 years, 2 months ago

Should Plea Against Sessions Court Order Denying Bail Under UAPA Be Placed Before Division Bench?: Madras HC Refers Question To Larger Bench

Live Law  

The Madras High Court recently referred to a larger bench the question whether an application against the order passed by a Sessions Court under the Unlawful Activities Act should be placed before a Single Judge or before a Division Bench of the High Court. The Government Advocate had opposed the plea on the ground that the single-Bench is not competent …

Section 438 CrPC Doesn't Mandate That Sessions Court Must Be Moved First; But Special Circumstances Must Be Shown To Directly Approach HC : Allahabad HC Full Bench [Read Judgment]
5 years ago

Section 438 CrPC Doesn't Mandate That Sessions Court Must Be Moved First; But Special Circumstances Must Be Shown To Directly Approach HC : Allahabad HC Full Bench [Read Judgment]

Live Law  

In a significant ruling, a 5-judge bench of the Allahabad High Court clarified that under special circumstances, a person apprehending arrest may approach the High Court directly seeking anticipatory bail, without approaching the Sessions court first. Notwithstanding this concurrence, the bench observed that strong, cogent, compelling and special circumstances must necessarily be found to approach the High Court first, without …

Bench Hunting: SC Restores Contempt Proceedings Against Lawyer, Litigant In Allahabad HC [Read Order]
5 years, 4 months ago

Bench Hunting: SC Restores Contempt Proceedings Against Lawyer, Litigant In Allahabad HC [Read Order]

Live Law  

The Supreme Court has directed the Allahabad High Court to continue with the contempt proceedings against a litigant and lawyer for allegedly resorting to 'bench hunting'.While Justice A.M. Thipsay, was presiding a Court in Lucknow bench, a submission was made by a lawyer that, in the case, a member of. The Supreme Court has directed the Allahabad High Court to …

Criminal Revision: Can HC Ask Petitioner To Approach Sessions Court First? SC Leaves The Question Open
6 years, 2 months ago

Criminal Revision: Can HC Ask Petitioner To Approach Sessions Court First? SC Leaves The Question Open

Live Law  

The Supreme Court refused to refer the question regarding choice of jurisdiction under Section 397 of Code of Criminal Procedure to larger bench. The bench comprising Justice NV Ramana and Justice Mohan M. Shantanagoudar was considering an appeal against Delhi High Court order that had dismissed a revision petition under Section 397 CrPC, observing that as there are no special …

HC, Sessions Court Have Concurrent Jurisdiction In Anticipatory Bail, Reiterates U’khand HC [Read Judgment]
6 years, 4 months ago

HC, Sessions Court Have Concurrent Jurisdiction In Anticipatory Bail, Reiterates U’khand HC [Read Judgment]

Live Law  

The Uttarakhand High Court has, while deciding a reference sent by a single judge, reiterated that “the High Court and the Court of Session have concurrent jurisdiction under Section 438 of Cr.P.C ” and that, “it is for the accused to choose the forum and the same cannot be restricted by construing the provision of Section 438 of Cr.P.C. While …

SC Asks MP HC To Constitute Bench Headed By Judge With Reasonable Tenure To Hear 1984 Bhopal Gas Tragedy Cases [Read Petition]
7 years, 1 month ago

SC Asks MP HC To Constitute Bench Headed By Judge With Reasonable Tenure To Hear 1984 Bhopal Gas Tragedy Cases [Read Petition]

Live Law  

“In the working of the last 5 years, it is seen that the files connected with the Bhopal gas tragedy and rehabilitation are so voluminous, which is generally listed before the Hon’ble Chief Justice of the High Court or the senior-most Hon’ble Judges, who are generally transferred or elevated to this Hon’ble court within one year or before, and the …

SC Asks MP HC To Constitute Bench Headed By Judge With Reasonable Tenure To Hear 1984 Bhopal Gas Tragedy Cases [Read Petition]
7 years, 1 month ago

SC Asks MP HC To Constitute Bench Headed By Judge With Reasonable Tenure To Hear 1984 Bhopal Gas Tragedy Cases [Read Petition]

Live Law  

“In the working of the last 5 years, it is seen that the files connected with the Bhopal gas tragedy and rehabilitation are so voluminous, which is generally listed before the Hon’ble Chief Justice of the High Court or the senior-most Hon’ble Judges, who are generally transferred or elevated to this Hon’ble court within one year or before, and the …

SC Rejects Rajasthan Govt.’s Plea Against HC Order For CBI Investigation Against Police Officers In Custodial Death Case
7 years, 1 month ago

SC Rejects Rajasthan Govt.’s Plea Against HC Order For CBI Investigation Against Police Officers In Custodial Death Case

Live Law  

The Supreme Court bench of Justice S. A. Bobde and Justice L. Nageswara Rao on Thursday refused to admit a Special Leave Petition filed by State of Rajasthan against the order of Rajasthan High Court transferring to the Central Bureau of Investigation the investigation in a FIR registered under sections 143, 365 and 302 of the IPC against the state …

Delhi HC reserves order on plea challenging Collegium recommendations [Read Petition]
8 years, 8 months ago

Delhi HC reserves order on plea challenging Collegium recommendations [Read Petition]

Live Law  

A Division Bench of the Delhi High Court on Monday reportedly reserved its verdict on a plea demanding that the Supreme Court collegium be restrained from recommending appointments to the higher judiciary.The Bench comprising Chief Justice G. Rohini and Justice Sangita Dhingra Sehgal observed, “You file your written submissions. A Division Bench of the Delhi High Court on Monday reportedly …

Delhi HC reserves order on plea challenging Collegium recommendations [Read Petition]
8 years, 8 months ago

Delhi HC reserves order on plea challenging Collegium recommendations [Read Petition]

Live Law  

A Division Bench of the Delhi High Court on Monday reportedly reserved its verdict on a plea demanding that the Supreme Court collegium be restrained from recommending appointments to the higher judiciary.The Bench comprising Chief Justice G. Rohini and Justice Sangita Dhingra Sehgal observed, “You file your written submissions. A Division Bench of the Delhi High Court on Monday reportedly …

Gujarat HC reproaches Sessions Judge for passing one liner orders [Read Order]
9 years ago

Gujarat HC reproaches Sessions Judge for passing one liner orders [Read Order]

Live Law  

Gujarat High Court has reproached a Sessions Judge for passing one line orders without assigning any reasons. Justice A.J Desai also asked the Sessions judge not to decide any such application in future by one line orders.The court made this observation while disposing of a bail application of an accused who had applied for temporary bail on the ground to …

Supreme Court Weekly Round-Up
9 years, 2 months ago

Supreme Court Weekly Round-Up

Live Law  

JudgmentMan convicted for raping young girlSupreme Court, on Monday, has sentenced a man accused of raping and burning alive a young girl for life imprisonment. Apex Court bench of Justices Kurian Joseph and Arun Mishra reversed the Gauhati High Court order acquitting the accused from rape charges and restored the conviction and sentence recorded by trial court.20 year old suit. …

Supreme Court Weekly Round-Up
9 years, 2 months ago

Supreme Court Weekly Round-Up

Live Law  

JudgmentMan convicted for raping young girlSupreme Court, on Monday, has sentenced a man accused of raping and burning alive a young girl for life imprisonment. Apex Court bench of Justices Kurian Joseph and Arun Mishra reversed the Gauhati High Court order acquitting the accused from rape charges and restored the conviction and sentence recorded by trial court.20 year old suit. …

Sessions Court has no Power to Order Investigation : Gujarat HC [Read Judgment]
9 years, 5 months ago

Sessions Court has no Power to Order Investigation : Gujarat HC [Read Judgment]

Live Law  

The High Court of Gujarat Yesterday held that a Sessions Court has no power to order investigation, even when it exercises the revisional jurisdiction.The respondent lodged a private complaint in the Court of the learned Additional Chief Metropolitan Magistrate, Ahmedabad against the applicants for an offence punishable under the Indian Penal Code.The complainant prayed that the complaint be. However, while …

Sessions Court has no Power to Order Investigation : Gujarat HC [Read Judgment]
9 years, 5 months ago

Sessions Court has no Power to Order Investigation : Gujarat HC [Read Judgment]

Live Law  

The High Court of Gujarat Yesterday held that a Sessions Court has no power to order investigation, even when it exercises the revisional jurisdiction.The respondent lodged a private complaint in the Court of the learned Additional Chief Metropolitan Magistrate, Ahmedabad against the applicants for an offence punishable under the Indian Penal Code.The complainant prayed that the complaint be. However, while …

Apex court tells HC to form special bench for early disposal of case please
9 years, 11 months ago

Apex court tells HC to form special bench for early disposal of case please

Hindustan Times  

The Supreme Court has told the Punjab and Haryana high court to constitute a special bench for the early disposal of petitions related to the Rs 6,000 crore Bhola drug racket case. The apex court order came on a bunch of petitions filed by the Punjab government and some private parties, challenging various orders of the Punjab and Haryana high …

HC division bench stays execution of Tapas order till tomorrow
10 years, 7 months ago

HC division bench stays execution of Tapas order till tomorrow

India TV News  

Kolkata: A division bench of the Calcutta High Court today stayed till tomorrow the execution of a single bench order that directed registration of FIR against Trinamool Congress MP Tapas Pal for his insensitive comments against women and transfer of the case to CID within 72 hours. A division bench comprising Justice Girish Gupta and Justice T Chakraborty directed that …

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