Referring Court As "His" Is Borderline Contempt, Punjab & Haryana HC Advises Fresh Lawyer To Exercise Restraint In Drafting, Addressing Arguments
1 year, 4 months ago

Referring Court As "His" Is Borderline Contempt, Punjab & Haryana HC Advises Fresh Lawyer To Exercise Restraint In Drafting, Addressing Arguments

Live Law  

Calling it borderline "contemptuous", the Punjab & Haryana High Court expressed reservation on the pleadings of a lawyer who referred to an Appellate Court as "his" and contended that his application was rejected on "irrelevant ground. "While hearing a revision plea against the order which allowed condonation of delay of 12 days, the Court criticised the manner of drafting and addressing. Calling it borderline "contemptuous", the Punjab & Haryana High Court expressed reservation on the pleadings of a lawyer who referred to an Appellate Court as "his" and contended that his application was rejected on "irrelevant ground." The bench opined that "sufficient cause was shown in the application" and the the first Appellate Court was satisfied that the delay deserved to be condoned which it rightfully did.

Court Application Delay Petition 12 Days Sufficient Borderline Contempt Irrelevant Ground  application  cause  drafting  exercise  revision  haryana  restraint  condonation  delay  court  referring  case  punjab  hc  sufficient  petition  lawyer  petitioner  fresh

History of this topic

'Shocking', 'Lower Court Records Not Received By Appellate Court For 5 Yrs': Punjab & Haryana HC Calls Judicial Officer's Actions 'Unacceptable'
1 month, 1 week ago

'Shocking', 'Lower Court Records Not Received By Appellate Court For 5 Yrs': Punjab & Haryana HC Calls Judicial Officer's Actions 'Unacceptable'

Live Law  

The Punjab & Haryana High Court has expressed shock at the actions of a judicial officer who failed to call for the lower court record of a case he was hearing on appeal for five years.The Court noted that the judge continued passing routine orders for five years without taking any effective steps to summon the case record from the …

'Not Given Opportunity To Defend Himself': Rajasthan HC Expunges Adverse Remarks Against Advocate For Allegedly Using 'Undisciplined Language'
2 months, 1 week ago

'Not Given Opportunity To Defend Himself': Rajasthan HC Expunges Adverse Remarks Against Advocate For Allegedly Using 'Undisciplined Language'

Live Law  

The Jaipur bench of the Rajasthan High Court directed expunging of adverse remarks against an advocate, having a practice of more than 19 years, put on record by a division bench of the Court in its order in a criminal miscellaneous petition on the ground that the “petitioner misbehaved with the Court and used undisciplined language/words and failed to maintain …

Single-Judge Allowing Withdrawal With Liberty To Revive Contempt Plea During Pendency Of Appeal Is Unnecessary Intrusion In Appellate Jurisdiction: P&H HC
2 months, 1 week ago

Single-Judge Allowing Withdrawal With Liberty To Revive Contempt Plea During Pendency Of Appeal Is Unnecessary Intrusion In Appellate Jurisdiction: P&H HC

Live Law  

The Punjab & Haryana High Court has said that single judge passing order allowing to withdraw the contempt plea with liberty to revive it during the pendency of appeal is unnecessary intrusion into the appellate jurisdiction. Justice Sureshwar Thakur and Justice Sudeepti Sharma said the passing of the order by the single bench "is unnecessarily intrudes into the exercise of …

KCR, Harish Rao get relief as HC suspends lower court’s order allowing revision case against them
2 months, 3 weeks ago

KCR, Harish Rao get relief as HC suspends lower court’s order allowing revision case against them

The Hindu  

Former Chief Minister K. Chandrasekhar Rao of BRS and his former Cabinet colleague T. Harish Rao got relief with the Telangana High Court on Tuesday suspending the order of the Principal Sessions Judge of Jayashankar district allowing a criminal revision petition against them. The judge issued notice to Nagavelli Rajalingamurthy of the district, who filed a private complaint with a …

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas
3 months ago

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas

Live Law  

The Punjab & Haryana High Court imposed a cost of Rs.5 lakh on litigant who repeatedly abused the process of court by filing successive pleas and suppressed “crucial fact.” The plea was filed challenging the resumption order of a land which was allotted to the petitioner subject to certain conditions. A bench of Justice Arun Palli and Justice Vikram Aggarwal …

Sufficiency Of Reasons Over Number Of Days Is Considered While Determining Plea Of Condonation Of Delay U/S 37(1)(2) Of Arbitration Act: Delhi HC
3 months ago

Sufficiency Of Reasons Over Number Of Days Is Considered While Determining Plea Of Condonation Of Delay U/S 37(1)(2) Of Arbitration Act: Delhi HC

Live Law  

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee held that the appellant failed to demonstrate any plausible reasons for the delay caused in filing the present appeal. The appeal was also accompanied by two applications, the first seeking condonation of 670 days delay in filing the appeal and the second 591 days delay in re-filing …

Merely Saying Delay Is Due To 'Unforeseen Circumstances' Not Sufficient: Punjab & Haryana HC Rebukes State For Unexplained Delay In Filing Revision Plea
4 months, 1 week ago

Merely Saying Delay Is Due To 'Unforeseen Circumstances' Not Sufficient: Punjab & Haryana HC Rebukes State For Unexplained Delay In Filing Revision Plea

Live Law  

The State has to be accorded some latitude while considering the plea for condonation of delay filed by the State but the same cannot be stretched to an extent that the limitation Act is rendered otiose, said the Punjab & Haryana High Court while refusing to condone delay of 174 days in filing the revision plea.Justice Sumeet Goel was hearing …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
1 year ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

Karnataka HC Recalls Order Initiating Criminal Contempt Against Advocate Who Misbehaved In Court After He Tenders Unconditional Apology
1 year, 1 month ago

Karnataka HC Recalls Order Initiating Criminal Contempt Against Advocate Who Misbehaved In Court After He Tenders Unconditional Apology

Live Law  

The Karnataka High Court has recalled its order directing the initiation of criminal contempt action against an advocate for misbehaving in court by throwing the case files, addressing the bench in a loud voice, and refusing to argue on merits after he tendered an unconditional apology before the court. A single judge bench of Justice K S Hemalekha allowed the …

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint
1 year, 3 months ago

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint

Live Law  

Observing that where the complaint was dismissed and thereafter challenged in the revision petition the accused has right to be heard, the Punjab & Haryana High Court has set aside the order of a Session Court which was passed in revision petition without issuing process to the accused.Justice Jasjit Singh Bedi said, "A perusal of Section 401 Cr.P.C. Observing that …

Made It A 'Fairy Tale' : Punjab & Haryana High Court Pulls Up Judicial Officers For Taking Plea “Leisurely” With Long Adjournments
1 year, 6 months ago

Made It A 'Fairy Tale' : Punjab & Haryana High Court Pulls Up Judicial Officers For Taking Plea “Leisurely” With Long Adjournments

Live Law  

The Punjab & Haryana High Court criticised the Judicial Officers for delay in disposing of the plea for cancellation of suspension of sentence in a Negotiable Instrument Act case.Observing that the plea is pending since 2021 and adjourned on multiple occasions, the bench of Justice Mahabir Singh Sindhu said, “A perusal of the above extract clearly reveals that the officers …

Withdrawing Consent For Divorce U/S 13B Hindu Marriage Act Not Contemptuous: Himachal Pradesh High Court
1 year, 9 months ago

Withdrawing Consent For Divorce U/S 13B Hindu Marriage Act Not Contemptuous: Himachal Pradesh High Court

Live Law  

Dismissing a petition for invoking contempt proceedings against the Respondent-wife for violating terms of settlement with her husband, the Himachal Pradesh High Court has ruled that parties have an indefeasible and absolute right to withdraw their consent/petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act. Justice Satyen Vaidya, while clarifying that the Respondent's right to …

Punjab & Haryana HC Bar Association Decides To Boycott Court Of Justice Anil Kshetarpal Over His Alleged Misbehaviour
1 year, 9 months ago

Punjab & Haryana HC Bar Association Decides To Boycott Court Of Justice Anil Kshetarpal Over His Alleged Misbehaviour

Live Law  

The Punjab And Haryana High Court Bar Association today passed a resolution deciding to boycott the Court of Justice Anil Kshetarpal with immediate effect while seeking his transfer to another High Court over his alleged misbehaviour with an advocate.The decision to this effect was taken in an emergent meeting of the Executive Committee which was called to discuss the complaint …

Punjab & Haryana High Court Orders Arrest Of Dismissed DSP Who Circulated 'Derogatory' Videos Against HC Judges
2 years, 1 month ago

Punjab & Haryana High Court Orders Arrest Of Dismissed DSP Who Circulated 'Derogatory' Videos Against HC Judges

Live Law  

The Punjab and Haryana High Court on Monday directed the Commissioner of Police, Ludhiana to arrest dismissed Punjab Police DSP Balwinder Singh Sekhon and one Pardeep Sharma and produce them before Court to answer the charge of contempt on Feb 24 for circulating 'malicious', 'libelous', and 'derogatory' videos on social media pertaining to judicial proceedings of the Judges of the …

"No Change In Haryana Govt's Attitude": High Court Sets Aside Order Condoning 3 Yrs Delay In Filing Appeal On Ground That Case Files Were Lost
2 years, 3 months ago

"No Change In Haryana Govt's Attitude": High Court Sets Aside Order Condoning 3 Yrs Delay In Filing Appeal On Ground That Case Files Were Lost

Live Law  

The Punjab and Haryana High Court on Wednesday slammed the Haryana government for paying no heed to the Limitation Act and causing inordinate delays in preferring appeals.A single bench of Justice Deepak Gupta, while refusing to excuse the government on the ground that the case file was lost during interdepartmental consultation, remarked,"In large number of cases, the Government seeks. The …

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 …

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost
2 years, 9 months ago

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost

Live Law  

The Calcutta High Court on Thursday opined that a litigant should not be penalised for the misconduct of his advocate and accordingly allowed an application seeking condonation of delay of about 9 years and 4 months in filing the revision petition.The counsel appearing for the petitioner submitted before Justice Kaushik Chanda that the petitioner had not been informed by his …

Courts Must Exercise Discretion To Condone Delay In Filing Written Statement After Due Circumspection: Punjab And Haryana High Court
2 years, 10 months ago

Courts Must Exercise Discretion To Condone Delay In Filing Written Statement After Due Circumspection: Punjab And Haryana High Court

Live Law  

Punjab and Haryana High Court while dealing with a petition against the order passed by the learned Additional Civil Judge, Ferozepur via which petitioner's defense was struck off, held that the provisions of Order 8 Rule 1 of the CPC are directory in nature, however, the Courts must exercise their discretion to condone the delay in filing the written statement …

"Party Should Not Suffer Due to Inaction of the Advocate": Gujarat HC Condones Delay of 3330 Days In Filing Written Statement
2 years, 10 months ago

"Party Should Not Suffer Due to Inaction of the Advocate": Gujarat HC Condones Delay of 3330 Days In Filing Written Statement

Live Law  

"It is trite law that a party should not suffer due to the in action on the part of the advocate and that the matter should be decided on merits rather than on technical ground", the Gujarat High Court has affirmed while hearing a petition under Art 227 to open the right to file written statement which was closed on …

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ
2 years, 11 months ago

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ

Live Law  

The Rajasthan High Court has opined that no counsel can insist a Judge to recuse from hearing a case, even if during the course of hearing, the court has commented on the merits of the case, which in the counsel's opinion are not favourable. Without making any further comment regarding conduct of the petitioner's counsel and deeming it appropriate to …

Long Pending Criminal Appeal At Allahabad HC: Supreme Court Asks UP Govt To File Affidavit Through A 'Responsible Officer' On The Timeline Of Proceedings
3 years, 5 months ago

Long Pending Criminal Appeal At Allahabad HC: Supreme Court Asks UP Govt To File Affidavit Through A 'Responsible Officer' On The Timeline Of Proceedings

Live Law  

The Supreme Court on Wednesday required the state of UP to file an affidavit before it in 2 days through a "responsible officer" in its Home department indicating how many times a 2016 criminal appeal was listed before the Allahabad High Court, how many times an adjournment was sought by the appellant, whether the matter reached for hearing or not, …

Court's Order Which Cannot Be Complied With Practically, Would Not Amount To Contempt: Punjab & Haryana High Court
4 years, 2 months ago

Court's Order Which Cannot Be Complied With Practically, Would Not Amount To Contempt: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court on Wednesday observed that an implementing party could not be made liable for proceedings under the Contempt of Court Act, for non-compliance of a judicial order, if such an order cannot be complied with, practically. The Bench of Justice Augustine George Masih observed, " there is an automatic provision of the erasing of the …

Punjab & Haryana High Court Pulls Up Advocate For Claiming That He 'Made' Many Judges; Doubles Cost [Read Order]
4 years, 4 months ago

Punjab & Haryana High Court Pulls Up Advocate For Claiming That He 'Made' Many Judges; Doubles Cost [Read Order]

Live Law  

The Punjab and Haryana High Court on Tuesday pulled up an Advocate for claiming that he 'made' many judges and doubled the cost imposed on him while dismissing his petition. Taking note of Advocate Sushil Gautam's "boisterous claims", the Single Bench of Justice Arun Monga said, "To say the least, the tone, tenor, manner and conduct of the learned counsel …

'District Judge Has Shown Undue Favour To Plaintiffs' : Punjab & Haryana HC Seeks Explanation From Judge; Transfers Case
4 years, 5 months ago

'District Judge Has Shown Undue Favour To Plaintiffs' : Punjab & Haryana HC Seeks Explanation From Judge; Transfers Case

Live Law  

In an extraordinary order, the Punjab and Haryana High Court has sought an explanation from a District Judge, after noting that the judge has shown undue favors to plaintiffs in a suit.The High Court made this observation in a petition filed by the State Bank of India challenging an order of interim injunction passed by District Judge, Nawanshahar, restraining the. …

Practice Of 'Bench Hunting', Seeking Time When Confronted With Queries Is Not A Healthy Practice For The Bar: Allahabad HC [Read Order]
4 years, 6 months ago

Practice Of 'Bench Hunting', Seeking Time When Confronted With Queries Is Not A Healthy Practice For The Bar: Allahabad HC [Read Order]

Live Law  

The Allahabad High Court on Friday rapped a Hapur based writ petitioner for invoking the Court's jurisdiction under Article 226 of the Constitution without any due cause. "This kind of practice of Bench hunting seeking time when confronted with queries is not a healthy practice for the Bar," Single Judge bench of Justice Vivek Agarwal sternly observed. The remarks were …

Punjab And Haryana HC Raps Haryana Govt's For "Casual Approach" In Pursuing Appeal
6 years, 9 months ago

Punjab And Haryana HC Raps Haryana Govt's For "Casual Approach" In Pursuing Appeal

Live Law  

The Punjab and Haryana High Court recently rapped the Haryana Government for its "casual approach" while pursuing an Appeal filed before the Court.The Bench comprising Acting Chief Justice A.K. Mittal and Justice Tejinder Singh Dhindsa noted that the State had filed an application for condonation of 17 days delay in re-filing of the appeal. The Punjab and Haryana High Court …

‘This Court Hadn’t At All Finally Disposed Of The Petition’: Punjab & Haryana HC ‘Defends’ Itself After SC Criticizes It For ‘One Line’ Disposal [Read Order]
6 years, 9 months ago

‘This Court Hadn’t At All Finally Disposed Of The Petition’: Punjab & Haryana HC ‘Defends’ Itself After SC Criticizes It For ‘One Line’ Disposal [Read Order]

Live Law  

This Court had never decided the above revision petition finally much less by one line order, observed the high court. The disposal that wasn’t.In an order passed earlier this year, the Supreme Court had criticized Punjab and Haryana High Court for disposing of a revision petition in a one-line order by merely making the interim order absolute.We need not remind …

Judicial Exam Scam: SC Agrees To Hear P&H HC Registrar's Plea Against His Suspension
7 years, 5 months ago

Judicial Exam Scam: SC Agrees To Hear P&H HC Registrar's Plea Against His Suspension

Live Law  

The Supreme Court on Friday agreed to hear a petition filed by Dr. Balwinder Kumar Sharma, Registrar in Punjab and Haryana High Court, against full Bench’s decision suspending him from service following the question paper leak in the Haryana Judicial Service Examination-2017.Filing a special leave petition through Advocate-on-Record Anup Jain,. The Supreme Court on Friday agreed to hear a petition …

Delhi HC Dismisses Justice Karnan’s Plea Against SC Registrar And His Challenge Against Contempt Of Court Act [Read Judgment]
7 years, 6 months ago

Delhi HC Dismisses Justice Karnan’s Plea Against SC Registrar And His Challenge Against Contempt Of Court Act [Read Judgment]

Live Law  

Delhi High Court on Wednesday dismissed the writ petition filed by Justice Karnan challenging the vires of Contempt of Court and against the order dated 12th of May, 2017 of the Registrar of the Supreme Court of India and.A division bench of Acting Chief Justice Gita Mittal and Justice Harishankar held that challenge to the constitutionality of the Contempt of …

Delhi HC Dismisses Justice Karnan’s Plea Against SC Registrar And His Challenge Against Contempt Of Court Act [Read Judgment]
7 years, 6 months ago

Delhi HC Dismisses Justice Karnan’s Plea Against SC Registrar And His Challenge Against Contempt Of Court Act [Read Judgment]

Live Law  

Delhi High Court on Wednesday dismissed the writ petition filed by Justice Karnan challenging the vires of Contempt of Court and against the order dated 12th of May, 2017 of the Registrar of the Supreme Court of India and.A division bench of Acting Chief Justice Gita Mittal and Justice Harishankar held that challenge to the constitutionality of the Contempt of …

Punjab & Haryana HC Slams Govt For Not Executing Orders In Time [Read Order]
8 years, 4 months ago

Punjab & Haryana HC Slams Govt For Not Executing Orders In Time [Read Order]

Live Law  

The Punjab and Haryana High Court has slammed the state while observing that in a large number of cases, orders passed by the writ court are not being complied with within the stipulated time frame. The court also warned that exemplary costs would be deducted from the salary of erring officials.In a case dealing with land acquisition, petitioner Delhi Fransalian …

Lawyers owe a duty to the court and to administration of Justice: Punjab & Haryana HC [Read Order]
8 years, 8 months ago

Lawyers owe a duty to the court and to administration of Justice: Punjab & Haryana HC [Read Order]

Live Law  

The High Court of Punjab & Haryana, in Harpreet@Preet v State of Haryana, has observed that lawyers owed a duty to the court and to administration of justice.The court made such an observation while dismissing a revision petition, preferred impugning the order of court below which dismissed an application preferred under Section 311 Cr P.C.The court noted that the petitioner …

Lawyers owe a duty to the court and to administration of Justice: Punjab & Haryana HC [Read Order]
8 years, 8 months ago

Lawyers owe a duty to the court and to administration of Justice: Punjab & Haryana HC [Read Order]

Live Law  

The High Court of Punjab & Haryana, in Harpreet@Preet v State of Haryana, has observed that lawyers owed a duty to the court and to administration of justice.The court made such an observation while dismissing a revision petition, preferred impugning the order of court below which dismissed an application preferred under Section 311 Cr P.C.The court noted that the petitioner …

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