Courts Shouldn't Rush To Issue Standing Warrant, Proclamation & Attachment Orders Unless Satisfied That Accused Evading Intentionally: Rajasthan HC
2 years, 9 months ago

Courts Shouldn't Rush To Issue Standing Warrant, Proclamation & Attachment Orders Unless Satisfied That Accused Evading Intentionally: Rajasthan HC

Live Law  

The Rajasthan High Court has observed that the courts should not rush to issue standing warrants and initiate proceedings under Sections 82 and 83 of the Code, unless they are satisfied that the accused is intentionally evading or circumventing the warrants in order to avoid the prosecution. The Courts should not rush to issue standing warrant and initiating proceedings under Sections 82 and 83 of the Code, unless they are satisfied that the accused is intentionally evading or circumventing the warrants in order to avoid the prosecution." The court noted that simply because bailable warrants have been ordered to be issued or as a matter of fact have been issued without report of their service/execution, the trial Court should not and cannot issue standing warrant and initiate proceedings under Sections 82 and 83 of the Code, as a matter of course or routine. Moreover, it was opined by the court that mere recording a 'it appears' that accused has absconded is insufficient to proceed under section 82 of the Code because of the expression "such warrant cannot be executed".

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History of this topic

Not An Isolated Incident But "Well-Orchestrated Racket": Rajasthan High Court Denies Bail To Eight Accused In Teacher Paper Leak Case
2 weeks, 2 days ago

Not An Isolated Incident But "Well-Orchestrated Racket": Rajasthan High Court Denies Bail To Eight Accused In Teacher Paper Leak Case

Live Law  

The Jodhpur bench of the Rajasthan High Court denied bail to all eight accused charged under IPC, Rajasthan Public Examination Act, 1992 and the Rajasthan Public Examination Amendment Act, 2022 in relation to paper leak of the examination for recruitment for Grade II Teachers. Given this evolving nature of the investigation, the premature release of any accused would not only …

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe
2 weeks, 4 days ago

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe

Live Law  

The Jaipur bench of the Rajasthan High Court set aside a trial court order which made adverse remarks against the concerned circle officer and where the DGP was directed to initiate disciplinary proceedings against the officer for alleged negligence committed during the investigation of a case. Justice Anoop Kumar Dhand observed that it was settled that no one could be …

Purpose Of S.82 CrPC Is To Secure Accused's Presence, Once Achieved Property Attachment Proceedings Must Be Dropped: Rajasthan HC Reiterates
1 month, 3 weeks ago

Purpose Of S.82 CrPC Is To Secure Accused's Presence, Once Achieved Property Attachment Proceedings Must Be Dropped: Rajasthan HC Reiterates

Live Law  

The Jaipur bench of the Rajasthan High Court has reiterated that the purpose of initiating proceedings under Section 82 CrPC is to secure the presence of the accused who is stated to be absconding, and once that purpose was achieved the proceedings are to be withdrawn. The court was hearing a petition challenging the order of Additional Chief Judicial Magistrate …

Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC
2 months ago

Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC

Live Law  

The Jaipur bench of the Rajasthan High Court has reiterated that Section 143A, Negotiable Instruments Act, inserted after an amendment in 2018 introducing payment of interim compensation to complainant in a cheque bouncing case, has prospective application and cannot be applied to complaints filed before the amendment in a retrospective manner. Justice Anoop Kumar Dhand relied upon the Supreme Court …

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates
2 months, 1 week ago

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition. The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against …

Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal
2 months, 1 week ago

Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal

Live Law  

Rajasthan High Court set aside conviction and sentence in a cheque dishonour case in light of settlement reached between the parties while imposing a cost of 15% of the cheque value on the petitioner since the compromise was reached at after rejection of appeal filed by the convict and pending revision petition. The bench of Justice Manoj Kumar Garg was …

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement
2 months, 2 weeks ago

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement

Live Law  

Expressing “anguish and pain” over denial of bail to a man not even named by the minor victim in her statement, the Rajasthan High Court has sought explanation from a Special POCSO Judge for his decision. The bench of Justice Anil Kumar Upman opined that the increasing tendency of trial courts in rejecting bail petitions in a "casual and routine …

Rajasthan HC Disapproves Of Interim Order Increasing Seats In Medical College, Refuses To Interfere Since Admission Process Was Already Over
3 months ago

Rajasthan HC Disapproves Of Interim Order Increasing Seats In Medical College, Refuses To Interfere Since Admission Process Was Already Over

Live Law  

The bench however observed that even though they were of the view that the single judge should not have granted the interim order, however since the admission process in the present case was already over and students had paid fees and joined the college, the bench thereafter refused to interfere with the order. The division bench of Chief Justice Manindra …

'Pains Judicial Conscience': P&H High Court Seeks Explanation From Magistrate Who Issued Release Warrant Without Compliance Of Bail Condition
3 months, 3 weeks ago

'Pains Judicial Conscience': P&H High Court Seeks Explanation From Magistrate Who Issued Release Warrant Without Compliance Of Bail Condition

Live Law  

Observing that the judicial conscience of the Court is shocked about the manner in which the release warrant was issued by a Judicial Magistrate, the Punjab & Haryana High Court has sought explanation from the judge.The Court found that the JMIC of Ambala issued a release warrant for an accused in a cheating case without compliance of the pre-condition of …

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC
3 months, 3 weeks ago

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

Live Law  

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". Justice …

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed
4 months ago

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed

Live Law  

In a contempt matter concerning encroachment of land, the Jodhpur bench of the Rajasthan High Court directed the petitioner to implead the then concerned Collector, Sub-divisional Officer and Tehsildar to seek their stand, warning them of punishment including "jail sentence" if they don't pay heed to court orders. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri …

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs
4 months ago

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs

Live Law  

Rajasthan High Court has set aside the penalty of compulsory retirement imposed upon an Additional District and Sessions Judge in 2015 for allowing the second bail application filed by a murder accused, despite having knowledge of the fact that the first bail application was rejected by the High Court and there was a pending transfer petition in front of the …

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case
4 months, 1 week ago

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case

Live Law  

Rajasthan High Court has allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480 BNSS, since the trial did not conclude within sixty days from the date fixed for taking evidence in the case and the accused was in custody for more than two years. Section 480 BNSS provides that in …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
5 months ago

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant

Live Law  

The Allahabad High Court has ruled that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused facing an arrest warrant or proclamation under Section 82 CrPC. The court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice.

Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody
6 months, 1 week ago

Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody

Live Law  

Reiterating that the pre-trial process itself shall not become punishment, the Supreme Court yesterday set aside a bail condition imposed by the Patna High Court to the effect that the bail bonds be furnished by the accused after completion of 6 months in custody from the date of the order. "We see no valid reason for the High Court to …

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC
7 months, 1 week ago

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC

Live Law  

The Rajasthan High Court granted relief to an aspirant for a government job 9 years after his candidature was rejected, despite being meritorious, on the grounds of a pending criminal case against him. The Court observed that firstly, denying government employment merely on the grounds of a pending criminal case was illegal, arbitrary and unjust because as per criminal jurisprudence, …

Rajasthan High Court Sets Aside Trial Court's Ad-Interim Order Due To Earlier Contradictory Order In Another Matter Pending Between Same Parties
9 months, 2 weeks ago

Rajasthan High Court Sets Aside Trial Court's Ad-Interim Order Due To Earlier Contradictory Order In Another Matter Pending Between Same Parties

Live Law  

A bench of Justice Madan Gopal Vyas at the Rajasthan High Court quashed an order of a trial court for passing a contradictory ad-interim order over another ad-interim order passed by it in the same matter. The Court observed the following: “This Court finds that the impugned order passed by the learned trial court is wholly without application of mind. …

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court
9 months, 3 weeks ago

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court

Live Law  

Finding that the entire series of events have nexus with each other and the action of petitioner was done in discharge of his official duties, the Rajasthan High Court held that the cognizance for offences under Sections 323 and 504 IPC, taken by the Judicial Magistrate against a public servant, posted as Station House Officer, is unsustainable in law, in …

Punjab & Haryana High Court Issues Bailable Warrant Against IAS Officer To Ensure Appearance In Contempt Case, Imposes 10K Cost For Adjournment
10 months, 1 week ago

Punjab & Haryana High Court Issues Bailable Warrant Against IAS Officer To Ensure Appearance In Contempt Case, Imposes 10K Cost For Adjournment

Live Law  

The Punjab & Haryana High Court has issued bailable warrants against an IAS officer to ensure her presence in a contempt plea filed by a man for allegedly violating the High Court's order and causing "illegal obstruction" in the construction of a plot.Justice Rajbir Sehrawat said, "to ensure the presence of the respondent before this Court on the next date …

In Pre-Arrest Bail Plea, Court Can Ask Police To Intimate Intention To Not Arrest Accused So That Liberty Is Not "Tricked" Later: P&H High Court
10 months, 2 weeks ago

In Pre-Arrest Bail Plea, Court Can Ask Police To Intimate Intention To Not Arrest Accused So That Liberty Is Not "Tricked" Later: P&H High Court

Live Law  

Dealing with a "unique prayer" seeking fifteen days' advance notice in case the investigator proposes to arrest the accused in a corruption case, the Punjab & Haryana High Court said that if a pre-arrest bail plea is filed and investigators take a stand that they do not intend to arrest, then the Court can direct them to inform the accused …

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue
11 months, 1 week ago

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue

Live Law  

The Rajasthan High Court today stayed coercive action till May 27 against a Judicial Magistrate who is facing an FIR for allegedly asking a Rape survivor to strip and show her injuries, last month. Appearing for the petitioner-association, Advocate Deepak Chauhan also drew the attention of the High Court towards the articles published in newspapers related to the alleged incident …

Issuance Of Summons Is Not Initiation Of Proceedings Referable To Under Section 6(2)(B) Of CGST Act: Rajasthan High Court
11 months, 3 weeks ago

Issuance Of Summons Is Not Initiation Of Proceedings Referable To Under Section 6(2)(B) Of CGST Act: Rajasthan High Court

Live Law  

The Rajasthan High Court, Jaipur Bench, has held that issuance of summons is not initiation of proceedings referable to under Section 6 of the CGST Act.The bench of Justice Pankaj Bhandari and Justice Shubha Mehta has observed that the scope of Section 6 and Section 70 of the CGST Act is different and distinct, as the former deals with any …

Punjab & Haryana High Court Issues Contempt Notice To Hisar DCP For Failure To Act Against Alleged Bonded Labour Despite Directions
1 year, 1 month ago

Punjab & Haryana High Court Issues Contempt Notice To Hisar DCP For Failure To Act Against Alleged Bonded Labour Despite Directions

Live Law  

The Punjab & Haryana High Court has issued contempt notice to Deputy Commissioner of Police at Hisar for not complying with its direction to take immediate action on a complaint alleging that several labourers are being forced to work as a bonded labours in a brick kiln Company.While noting that the DCP's response "is not only unsatisfactory but the same …

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC
1 year, 3 months ago

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC

Live Law  

Rajasthan High Court has recently allowed a third bail application under S.439 CrPC filed by a person accused of providing confidential military information to Pakistan, after elaborately discussing the application of Sections 437 and Section 436A CrPC. Section 437 CrPC stipulates that when the trial for a non-bailable offence before the Magistrate is not concluded within 60 days from the …

Don’t hold up trials without stay order: HC to lower courts
1 year, 4 months ago

Don’t hold up trials without stay order: HC to lower courts

Hindustan Times  

The Punjab and Haryana high court has directed the lower courts in Punjab, Haryana and Chandigarh to continue with trial court proceedings unless there is a specific order of stay in the matter in question. The Punjab and Haryana high court has issued “specific directions” to the trial courts to continue with their proceedings unless a stay was granted on …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [July 24 – 31, 2023]
1 year, 7 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [July 24 – 31, 2023]

Live Law  

SUBJECT WISE INDEX Arrest and Detention Arnesh Kumar Guidelines - The Supreme Court reiterated the guidelines laid down for arrest under Section 498A of the Indian Penal Code, 1860 and for other offences punishable by a maximum jail term of seven years in its 2014 Arnesh Kumar judgement - Also directed high courts and police chiefs to issue notifications and …

Trial Court’s Failure To Specify How Sentences Would Run After Conviction Does Not Mean Sentences Are To Run Consecutively: Rajasthan High Court
1 year, 9 months ago

Trial Court’s Failure To Specify How Sentences Would Run After Conviction Does Not Mean Sentences Are To Run Consecutively: Rajasthan High Court

Live Law  

The Rajasthan High Court has held that mere absence of a direction by the trial court on how a sentence would run does not mean that the court intended for the sentences to run consecutively. While dealing with an NDPS case where the trial court failed to mention how the sentences of the accused, who were awarded 14 years rigorous …

Rajasthan High Court Upholds Benefit Of Probation To Two Convicts, Says Complainant Has No Right To Seek Enhancement Of Sentence
1 year, 11 months ago

Rajasthan High Court Upholds Benefit Of Probation To Two Convicts, Says Complainant Has No Right To Seek Enhancement Of Sentence

Live Law  

The Rajasthan High Court on Tuesday upheld the judgement of a trial court which extended the benefit of probation to two convicts who were convicted under Section 323, Section 325 and Section 504 of IPC, in alternative to their imprisonment. The singe judge bench of Justice Farjand Ali observed: “I have gone through the judgment passed by learned trial Judge …

Warrant Can't Be Issued When Party Is Duly Represented Through Counsel: Rajasthan HC Grants Relief To Nokia Directors
2 years, 5 months ago

Warrant Can't Be Issued When Party Is Duly Represented Through Counsel: Rajasthan HC Grants Relief To Nokia Directors

Live Law  

The Rajasthan High Court has reiterated that summons/ warrant cannot be issued for insisting personal appearance of a party when such party has entered appearance and is represented by a counsel.Justice Dinesh Mehta thus granted relief to two Directors of Nokia India against whom bailable warrants were issued by a District Consumer Commission in Jodhpur. The Rajasthan High Court has …

SC sets aside Patna HC order directing Sahara chief Subrata Roy to appear before it
2 years, 8 months ago

SC sets aside Patna HC order directing Sahara chief Subrata Roy to appear before it

Firstpost  

The apex court said the high court, while entertaining the plea for grant of anticipatory bail filed by the applicant, went into inquire into matters ‘unrelated’ to the facts relevant for deciding the application. New Delhi: The Supreme Court on Thursday set aside the Patna High Court orders in an anticipatory bail case including the one directing Sahara Group chief …

Order 6 Rule 17 CPC | Party Must Show That Proposed Amendment Could Not Have Been Brought Earlier Despite Exercise Of Due Diligence: P&H High Court
2 years, 8 months ago

Order 6 Rule 17 CPC | Party Must Show That Proposed Amendment Could Not Have Been Brought Earlier Despite Exercise Of Due Diligence: P&H High Court

Live Law  

The Punjab and Haryana High Court while upholding Trial Court's judgment dismissing an application filed under Order 6 Rule 17 of CPC for amendment of written statement on ground of delay, held that parties seeking amendment must show that despite exercise of due diligence, the proposed amendment could not have been brought forth earlier or before the commencement of the …

Rajasthan HC Grants Interim Protection From Arrest To Advocate's Clerk Who Forwarded Provocative WhatsApp Message After Udaipur Killing
2 years, 8 months ago

Rajasthan HC Grants Interim Protection From Arrest To Advocate's Clerk Who Forwarded Provocative WhatsApp Message After Udaipur Killing

Live Law  

The Rajasthan High Court has granted protection from arrest to an Advocate's clerk, who forwarded a WhatsApp message stating that "in Udaipur religious war has started, bravo finish the pigs". The counsel for the petitioner submitted that the aforesaid message was a "forwarded" message and by mistake, it was sent to the group of "advocate's clerk". The court directed the …

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC
2 years, 9 months ago

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that although Section 438 of the CrPC gives concurrent jurisdiction to High Court and Sessions Court to consider an anticipatory bail application of an accused yet, as a matter of ordinary practice, High Court does not entertain such applications unless the person apprehending arrest has exhausted the remedy before the …

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail
2 years, 9 months ago

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail

Live Law  

The Rajasthan High Court has granted bail to a murder accused after hearing his counsel's arguments contending that no one can be arrested simply on the basis of assumption, presumption and perception. The appellant's counsel submitted that there is no eye-witness of the incident and the case of the prosecution is based on circumstantial evidence, however no circumstances are available …

[Jodhpur Violence] Rajasthan High Court Grants Interim Protection From Arrests To 3 Accused Persons
2 years, 10 months ago

[Jodhpur Violence] Rajasthan High Court Grants Interim Protection From Arrests To 3 Accused Persons

Live Law  

The Rajasthan High Court has granted interim protection from arrest to three accused persons, namely Hitesh Vyas, Arvind and Khimanshu Gehlot in the recent incident of Jodhpur Violence that took place on 02.05.2022 at Jalori Gate Chouraha, Jodhpur. The court has directed the Investigation Officer to remain present with case diary and CCTV Footage of the incident on the next …

Supreme Court Grants Bail To Accused Suffering From HIV
2 years, 11 months ago

Supreme Court Grants Bail To Accused Suffering From HIV

Live Law  

Considering the peculiar circumstances of a case, the Supreme Court recently granted bail to an accused who was suffering from HIV and appeared to be immuno compromised. The bench of Justices SR Bhat and PS Narasimha granted bail in a SLP assailing Rajasthan High Court's order dated March 3, 2022. The provision reads as follows: "34.. 2 In any legal …

COVID-19: Law Interns Permitted Entry In Rajasthan High Court
3 years ago

COVID-19: Law Interns Permitted Entry In Rajasthan High Court

Live Law  

In view of improvement in situation arising out of Covid-19 pandemic and relaxation in conditions imposed by the State Government through recent guidelines, the Rajasthan High Court has allowed entry of Law Interns in the court premises, subject to strict compliance of the SOP. The notification issued by the Registrar General of the High Court states: "In partial modification of …

Contempt Proceedings Not Maintainable If Two Interpretations Are Possible & Impugned Action Is Not Contumacious: Rajasthan High Court
3 years, 1 month ago

Contempt Proceedings Not Maintainable If Two Interpretations Are Possible & Impugned Action Is Not Contumacious: Rajasthan High Court

Live Law  

The Rajasthan High Court, Jaipur Bench has observed that a contempt proceeding would not be maintainable, if two interpretations are possible, and if the action in question is not contumacious. " " It is not in dispute that as far as directions to allow the petitioner to join services as Female Health Worker had already been complied with and further …

Rajasthan High Court Reduces Sentence Awarded To 82 year old Woman Charged Under 498A IPC To The Period Already Served By Her
3 years, 1 month ago

Rajasthan High Court Reduces Sentence Awarded To 82 year old Woman Charged Under 498A IPC To The Period Already Served By Her

Live Law  

While taking a lenient view, a Division Bench of Rajasthan High Court reduced sentence awarded to an 82 year old woman charged under 498A IPC to the period already served by her which is nearly two and half months. Justice Sandeep Mehta and Justice Vinod Kumar Bharwani observed, "We are of the view that as appellant Sayari has already attained …

'Writ Petition Against Rejection Of Temporary Injunction By Trial Court Not Maintainable Under Art 226, Avail Appellate Remedy': Rajasthan High Court
3 years, 2 months ago

'Writ Petition Against Rejection Of Temporary Injunction By Trial Court Not Maintainable Under Art 226, Avail Appellate Remedy': Rajasthan High Court

Live Law  

The Rajasthan High Court has observed that writ petition against rejection of temporary injunction application by trial court is not maintainable under Articles 226 and 227 of the Constitution. Justice Dinesh Mehta, observed, "A writ petition against rejection of TI application by the trial Court is not maintainable under Articles 226 and 227 of the Constitution, as a hierarchy of …

Supreme Court Issues Notice On Plea Challenging HC Order Which Set Aside Dismissal Of Application Seeking FIR Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case
3 years, 4 months ago

Supreme Court Issues Notice On Plea Challenging HC Order Which Set Aside Dismissal Of Application Seeking FIR Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case

Live Law  

The Supreme Court on Monday issued notice on a Special Leave Petition against an order of the Calcutta High Court setting aside the order of the Chief Judicial Magistrate at Alipore which had dismissed an application seeking FIR against BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi in a rape case. The Bench was also apprised by …

Anticipatory Bail Plea Not Maintainable If Accused Already In Custody In Another Criminal Case For Similar/ Different Offences: Rajasthan High Court
3 years, 4 months ago

Anticipatory Bail Plea Not Maintainable If Accused Already In Custody In Another Criminal Case For Similar/ Different Offences: Rajasthan High Court

Live Law  

The Rajasthan High Court, bench at Jaipur has held that the anticipatory bail application of a person, already in custody in connection to a criminal case, will not be maintainable with respect to another criminal case registered for commission of similar or different offences. The development came while the Court was dealing with an anticipatory bail plea which rose the …

Right To Apply For Bail Is An Individual Right Implicit In Articles 14, 19 & 21 : Supreme Court
3 years, 5 months ago

Right To Apply For Bail Is An Individual Right Implicit In Articles 14, 19 & 21 : Supreme Court

Live Law  

Disapproving the blanket orders passed by a single judge of the Rajasthan High Court to not list applications for bail and suspension of sentence as urgent matters during the lockdown, the Supreme Court has observed that the right to apply for bail is an individual right implicit in Articles 14, 19 and 21 of the Constitution.The Court has observed that …

Supreme Court Disapproves Rajasthan High Court's Restrictions On Power Of Arrest & Listing Of Bail Applications During Lockdown
3 years, 5 months ago

Supreme Court Disapproves Rajasthan High Court's Restrictions On Power Of Arrest & Listing Of Bail Applications During Lockdown

Live Law  

The Supreme Court on Wednesday expressed disapproval of the order of the Rajasthan High Court which had restrained the police from arresting accused persons if they are accused only of offences with maximum sentence up to three years imprisonment till July 17, 2021 in view of the pandemic and lockdown situations. The impugned High Court order passed by a single …

Rajasthan HC Denies Protection To Married Lady In Live-In Relation By Relying On Allahabad HC's 'Social Fabric' Order
3 years, 7 months ago

Rajasthan HC Denies Protection To Married Lady In Live-In Relation By Relying On Allahabad HC's 'Social Fabric' Order

Live Law  

The Rajasthan High Court recently denied police protection to a married lady, who is in a live-in relationship with another man and who sought police protection against some private persons who are not happy with her relationship.The Bench of Justice Satish Kumar Sharma relied upon the recent order of the Allahabad High Court wherein the Court had dismissed the protection …

In Bail Plea, Supreme Court Issues Notice To State To Consider Further Investigation By Independent Agency
3 years, 7 months ago

In Bail Plea, Supreme Court Issues Notice To State To Consider Further Investigation By Independent Agency

Live Law  

In an unexpected turn of events in a bail hearing, the Supreme Court observed that the matter needs to be investigated further by an independent Investigating Agency.The bench comprising Chief Justice of India NV Ramana and Justice Surya Kant initially expressed disinclination to grant bail and advised the counsel to withdraw the petition. The bench comprising Chief Justice of India …

Rajasthan High Court Orders Suspension Of Cop Who Allegedly Separated An Inter-Caste Married Couple
3 years, 8 months ago

Rajasthan High Court Orders Suspension Of Cop Who Allegedly Separated An Inter-Caste Married Couple

Live Law  

The Rajasthan High Court earlier this week ordered disciplinary action against the Constable and called for his provisional suspension, who has been accused of separating an Intercaste couple and threatening the man who filed a habeas corpus petition seeking production of his wife.The Court also took serious exception to the conduct of the Police Constable Chandrapal Singh as though he …

Instruct Judicial Officers Over The Manner Of Reflecting Facts Of FIR In Bail Order: P&H High Court To Judicial Academy
3 years, 8 months ago

Instruct Judicial Officers Over The Manner Of Reflecting Facts Of FIR In Bail Order: P&H High Court To Judicial Academy

Live Law  

The Punjab & Haryana High Court on Thursday directed the Director, Chandigarh Judicial Academy to issue appropriate directions to the judicial officers on the manner in which the facts in the FIR need to be reflected in the Bail order, before an opinion whether bail/anticipatory bail is to be granted or declined is formed.The Bench of Justice Arvind Kumar Sangwan …

Supreme Court Stays Rajasthan High Court Order Which Restrained Police From Arresting Accused In Cases Where Maximum Sentence Is Up To 3 Years
3 years, 9 months ago

Supreme Court Stays Rajasthan High Court Order Which Restrained Police From Arresting Accused In Cases Where Maximum Sentence Is Up To 3 Years

Live Law  

The Supreme Court on Tuesday stayed the Rajasthan High Court Order which restrained the police from making the arrest of the accused persons, who are charged with an offence where the maximum sentence is up to three years, till 17th July, 2021.The Supreme Court has also stayed the direction of High Court Single Bench which directed The Registrar, Jaipur Bench, …

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