SC agrees to hear plea against FIR under UP Gangsters Act
1 month ago

SC agrees to hear plea against FIR under UP Gangsters Act

Deccan Chronicle  

New Delhi: The Supreme Court has agreed to hear a plea challenging an Allahabad High Court order that dismissed an application seeking quashing of a chargesheet and proceedings under the Uttar Pradesh Gangsters and Anti-Social Activities Act. The petitioner, represented by senior Advocate Gaurav Agarwal and advocate Tanvi Dubey, argued that the FIR lodged against him under the UP Gangsters Act was baseless and stemmed from a previous FIR. The plea contended that the registration of the FIR constituted a gross abuse of the legal process and argued that invoking the Gangsters Act against the petitioner was prejudicial and amounted to a misuse of the police and judicial machinery. It emphasised that the petitioner had no criminal record apart from the case in question and the proceedings under the Gangsters Act infringed upon his right to life and personal liberty guaranteed under Article 21 of the Constitution.

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History of this topic

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials
2 weeks, 3 days 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 …

UP Gangsters Act Draconian: Supreme Court
1 month ago

UP Gangsters Act Draconian: Supreme Court

Deccan Chronicle  

New Delhi: The Supreme Court in a significant judicial observation on Wednesday termed the Uttar Pradesh Gangsters and Anti-Social Activities Act of 1986 as “draconian”. In November last year, the apex court had sought responses from the Uttar Pradesh government and others on the plea and said, “By way of ad-interim order, no coercive steps be taken against the petitioner …

SC observes Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act appears to be draconian
Trending News
1 month ago

SC observes Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act appears to be draconian

India TV News  

The Supreme Court of India today observed that the Uttar Pradesh Gangsters and Anti-Social Activities Act appeared to be draconian. The observation by a bench of Justices BR Gavai and KV Viswanathan came while it was hearing a plea filed by a man who has challenged an Allahabad High Court order of May 2023 dismissing his application seeking to set …

UP Gangsters Act appears to be draconian, says SC
1 month ago

UP Gangsters Act appears to be draconian, says SC

New Indian Express  

While hearing the matter in November last year, the SC had sought responses from the Uttar Pradesh government and others on the plea and said, "By way of ad-interim order, no coercive steps be taken against the petitioner qua Gangster Act." "It requires consideration," the bench said, adding that a separate plea challenging the constitutional validity of certain provisions of …

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy
Top News
1 month ago

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy

Hindustan Times  

NEW DELHI: The Supreme Court on Monday shielded YSR Congress Party’s social media head Sajjala Bhargava Reddy from arrest for two weeks to enable him to approach the high court for bail, observing the interim protection was akin to allowing the petitioner to get first aid while the state government was “raining FIRs” on him. Former Andhra Pradesh chief minister …

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
1 month, 1 week ago

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts. The bench of …

FIR Registered Against 8 Advocates For Cheating & Forgery In Fake SLP Case : CBI Tells Supreme Court
1 month, 1 week ago

FIR Registered Against 8 Advocates For Cheating & Forgery In Fake SLP Case : CBI Tells Supreme Court

Live Law  

In the case where the Supreme Court directed CBI probe into the filing of a fake petition before it, the agency recently informed that an FIR has been registered against 10 known persons. Out of the 10, 3 are advocates practising before the Supreme Court and 5 are practising before the Allahabad High Court.The matter was before a bench of …

Plea In Supreme Court Challenges Validity Of BNS & BNSS Provisions, Says 'Sedition' Reintroduced & Police Custody Powers Enhanced
1 month, 2 weeks ago

Plea In Supreme Court Challenges Validity Of BNS & BNSS Provisions, Says 'Sedition' Reintroduced & Police Custody Powers Enhanced

Live Law  

A petition has been filed in the Supreme Court challenging the constitutional validity of the various provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Nyaya Sanhita, 2023 which replaced the Code of Criminal Procedure, 1973 and the Indian Penal Code, 1860 with effect from July 1,The petition challenges the following provisions of BNS and BNSS.- Sections. A …

Allahabad HC Orders Inquiry Against Judicial Officer For Issuing Summons In Gangsters Act Case While 'On Leave'
4 months, 3 weeks ago

Allahabad HC Orders Inquiry Against Judicial Officer For Issuing Summons In Gangsters Act Case While 'On Leave'

Live Law  

On Tuesday, the Allahabad High Court ordered an inquiry against a judicial officer who issued a summons against two accused to face trial for the offence under Section 3 U.P. A bench of Justice Saurabh Shyam Shamshery directed the District Judge, Kanpur Nagar, to inquire under which circumstances the summoning order was passed and, if necessary, to call the then …

Supreme Court Issues Notice On UP Congress President Ajai Rai's Plea To Quash Case Under UP Gangsters Act
6 months, 2 weeks ago

Supreme Court Issues Notice On UP Congress President Ajai Rai's Plea To Quash Case Under UP Gangsters Act

Live Law  

The Supreme Court today issued notice to the State of Uttar Pradesh on the petition filed by UP Congress President Ajay Rai for quashing the criminal trial against him under offences of the UP Gangsters and Anti-Social Activities Act 1986. The vacation bench of Justices AS Oka and Rajesh Bindal was hearing the challenge to the order of the Allahabad …

Dismiss plea against ‘Savukku’ Shankar’s detention under Goondas Act, Chennai Police Commissioner urges Madras High Court
7 months ago

Dismiss plea against ‘Savukku’ Shankar’s detention under Goondas Act, Chennai Police Commissioner urges Madras High Court

The Hindu  

YouTuber ‘Savukku’ Shankar alias A. Shankar’s mother has filed a habeas corpus petition challenging his detention under the Goondas Act even before the Home Secretary could refer the matter to the Advisory Board for its opinion and therefore, the petition must be dismissed, Greater Chennai City Commissioner of Police Sandeep Rai Rathore, has contended before the Madras High Court. In …

HC to hear state counsels’ arguments on Afzal plea today
7 months, 2 weeks ago

HC to hear state counsels’ arguments on Afzal plea today

Hindustan Times  

PRAYAGRAJ: The Allahabad will on Wednesday continue to hear a criminal appeal filed by Ghazipur MP Afzal Ansari challenging his conviction and sentence in a Gangsters’ Act case by a trial court of Ghazipur. On April 29, 2023, an MP-MLA court of Ghazipur had convicted Afzal and sentenced him to four years’ jail term, along with a fine of ₹ …

Supreme Court Gives UP Govt 8 Weeks To Consider Need For Guidelines On Invocation Of Gangsters Act
8 months, 2 weeks ago

Supreme Court Gives UP Govt 8 Weeks To Consider Need For Guidelines On Invocation Of Gangsters Act

Live Law  

The Supreme Court on April 19 granted 8 weeks' time to Uttar Pradesh government to consider desirability of laying down some parameters/guidelines in relation to the invocation of the provisions of Uttar Pradesh Gangsters and Anti-Social Activities Act, 1986.The matter was listed before a Bench of Justices Surya Kant and KV Viswanathan, when Additional Solicitor General. The Supreme Court on …

Charge Under UP Gangsters Act Unsustainable When Accused Is Exonerated Of Predicate IPC Offences : Supreme Court
10 months, 2 weeks ago

Charge Under UP Gangsters Act Unsustainable When Accused Is Exonerated Of Predicate IPC Offences : Supreme Court

Live Law  

The Supreme Court on Monday observed that to prosecute the accused under Section 3 of the U.P. “Needless to say that for framing a charge for the offence under the Gangsters Act and for continuing the prosecution of the accused under the above provisions, the prosecution would be required to clearly state that the appellants are being prosecuted for any …

Delhi Liquor Policy Case | Supreme Court To Hear On March 5 AAP MP Sanjay Singh's Plea Against Arrest By Enforcement Directorate
11 months ago

Delhi Liquor Policy Case | Supreme Court To Hear On March 5 AAP MP Sanjay Singh's Plea Against Arrest By Enforcement Directorate

Live Law  

A bench of Justices Sanjiv Khanna and Dipankar Datta was hearing Singh's plea against a Delhi High Court order refusing to set aside his arrest. Last month, the Aam Aadmi Party MP moved the Delhi High Court seeking bail in the money laundering case and a bench of Justice Swarana Kanta Sharma issued notice in his application, seeking the Enforcement …

Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation
1 year, 3 months ago

Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation

Live Law  

The Calcutta High Court has refused to grant bail to the petitioners, accused of gang-rape by the victim who alleged that she was attacked at the birthday party of one of the accused. Earlier, a division-bench of Justice Joymalya Bagchi and Justice Gaurang Kanth had taken serious exception to the police’s actions in harassing the victim, and the petitioner’s attempts …

Gangster Act Case| Allahabad High Court Reserves Order On Disqualified MP Afzal Ansari's Plea To Stay His Conviction
1 year, 5 months ago

Gangster Act Case| Allahabad High Court Reserves Order On Disqualified MP Afzal Ansari's Plea To Stay His Conviction

Live Law  

The Allahabad High Court today reserved its order on an application moved by Disqualified MP Afzal Ansari seeking a stay on his conviction in the 2007 Gangster Act case wherein he has been sentenced to 4 years in prison by the Ghazipur MP/MLA Court. It may be noted that the case under the Gangster Act against Ansari and his brother …

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court
1 year, 7 months ago

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court

Live Law  

Before subjecting an accused to a trial for alleged commission of offence under Section 3 of the the Scheduled Castes and the Scheduled Tribes Act, 1989, it is desirable that the caste related utterances are outlined either in the FIR or, atleast, in the chargesheet, said the Supreme Court recently. “Since section 18 of the SC/ST Act bars invocation of …

Ensure IOs Are Present In Court When Case Is Taken Up For Hearing: Delhi High Court To Commissioner Of Police
1 year, 7 months ago

Ensure IOs Are Present In Court When Case Is Taken Up For Hearing: Delhi High Court To Commissioner Of Police

Live Law  

The Delhi High Court has asked the Commissioner of Delhi Police to ensure that the investigating officers probing a case are present in court when such a case is taken up for hearing. Expressing displeasure over the failure of an investigating officer in answering certain queries put to him by the court, Justice Rajnish Bhatnagar said:“This has become routine invariable …

Supreme Court Grants Time To Delhi Police To Respond To Brinda Karat's Plea Seeking FIR Against BJP Leaders For Alleged Hate Speeches
1 year, 7 months ago

Supreme Court Grants Time To Delhi Police To Respond To Brinda Karat's Plea Seeking FIR Against BJP Leaders For Alleged Hate Speeches

Live Law  

The Supreme Court, on Monday, granted time to the Commissioner, Delhi Police to file a counter affidavit in a plea filed by Communist Party of India leader Brinda Karat seeking registration of FIR against BJP leaders Anurag Thakur and Parvesh Verma for allegedly delivering hate speeches in 2020. A bench comprising Justices KM Joseph and BV Nagarathna was considering the …

Plea In High Court Seeks Direction For Centre, Delhi Govt To Consider Enacting Advocates Protection Act In National Capital
1 year, 9 months ago

Plea In High Court Seeks Direction For Centre, Delhi Govt To Consider Enacting Advocates Protection Act In National Capital

Live Law  

A plea has been filed in the Delhi High Court seeking directions for the Union of India and Delhi government to consider enacting the Advocates Protection Act in the national capital. The petition filed by lawyers Deepa Joseph and Alpha Phiris Dayal alleges that there is an "alarming rise" in incidents of violence inside the court premises of different district …

'False FIRs Becoming A Trend': Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Complainant
1 year, 9 months ago

'False FIRs Becoming A Trend': Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Complainant

Live Law  

In a recent judgment, the Punjab and Haryana High Court noted how it has become a common practice to abuse the legal system by filing fictitious FIRs in order to please one's ego, which ultimately results in the wastage of the taxpayer funds because of the false FIR filed by the complainant. Referring to a report by the Chief Judicial …

Allahabad High Court Denies Bail To Former UP MLA Kamlesh Pathak In Gangster Act Case
1 year, 9 months ago

Allahabad High Court Denies Bail To Former UP MLA Kamlesh Pathak In Gangster Act Case

Live Law  

The Allahabad High Court recently denied bail to former Uttar Pradesh Legislative Assembly member Kamlesh Pathak in the Gangster Act Case registered against him. The bench of Justice Krishna Pahal did not find reasonable grounds for believing that Pathak is not guilty of such offence mentioned in the Gang Chart and that he is not likely to commit any offence …

Cannot Invoke Writ Jurisdiction For Registration Of FIR When Alternate Remedy Available: Gujarat High Court
1 year, 11 months ago

Cannot Invoke Writ Jurisdiction For Registration Of FIR When Alternate Remedy Available: Gujarat High Court

Live Law  

The petitioner argued that despite her representations, she could not get the concerned authorities to register an FIR. In its rebuttal, the Respondent State argued that considering the availability of remedies under the Criminal Procedure Code, it is not proper to invoke writ jurisdiction under article 226 of the Constitution. To bolster its argument, the State relied upon the Supreme …

'Victim' Of A Predicate Offence Can Oppose Plea Of Accused Seeking Bail In UP Gangster Act Case: Allahabad High Court
2 years ago

'Victim' Of A Predicate Offence Can Oppose Plea Of Accused Seeking Bail In UP Gangster Act Case: Allahabad High Court

Live Law  

The Allahabad High Court has held that a victim of a predicate offence can claim a right of hearing to oppose the bail application of a person accused under the UP Gangsters Act. 2022 LiveLaw 376, the Bench of Justice Subhash Vidyarthi observed thus: "If a victim of a predicate offence can file appeal challenging an order granting bail in …

Plea In Supreme Court Challenges Constitutionality Of UP Gangsters Act, Says Arbitrary Powers Given To Police
2 years, 1 month ago

Plea In Supreme Court Challenges Constitutionality Of UP Gangsters Act, Says Arbitrary Powers Given To Police

Live Law  

A writ petition has been filed before the Supreme Court challenging the constitutional validity of Sections 3, 12, 14 of the Uttar Pradesh Gangsters and Anti-Social Activities Act, 1986 along with Rule 16, 22, 35, 37 and 40 of the Uttar Pradesh Gangster and Anti-Social Activities Rules, 2021 stating that the provisions are ultra vires as violative of Article 14, …

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court
2 years, 1 month ago

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court

Live Law  

The Supreme Court observed that the criminal proceedings can be quashed when the complaint on the basis of which FIR was registered does not disclose any act of the accused or their participation in the commission of crime. They are neither concerned with the registered sale deed dated 4th May, 1977 nor the later sale deed executed in favour of …

Bail Can't Be Denied Merely Because Numerous FIRs Are Registered Against A Person Unless Prima Facie Involvement Shown: J&K&L High Court
2 years, 2 months ago

Bail Can't Be Denied Merely Because Numerous FIRs Are Registered Against A Person Unless Prima Facie Involvement Shown: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that merely because a number of FIRs stand registered against a person he cannot be denied concession of bail, particularly, when his involvement in commission of a non-bailable offence is not prima facie shown from the contents of the FIR. Deciding the contentions raised by the parties, Justice Dhar observed …

Delhi High Court refuses to quash FIR against a man on molestation allegations
2 years, 4 months ago

Delhi High Court refuses to quash FIR against a man on molestation allegations

Firstpost  

The accused had to resign from his lucrative job in the United Nations following the complainant’s letter to his organisation New Delhi: The Delhi High Court has refused to quash an FIR against a man on molestation allegations and directed that the woman will have to pay damages to the accused in case he is acquitted by the trial court. …

"Judicial System, State Resources Burdened; Litigants Must Be Conscious Of Their Actions": Delhi HC Condemns Lodging FIRs On Frivolous Issues
2 years, 7 months ago

"Judicial System, State Resources Burdened; Litigants Must Be Conscious Of Their Actions": Delhi HC Condemns Lodging FIRs On Frivolous Issues

Live Law  

The Delhi High Court has condemned the practice of lodging FIRs on frivolous and minor issues, adding that the Judicial system and state resources are already heavily burdened and litigants must be conscious of their actions.A single judge bench comprising of Justice Jasmeet Singh added that such an exercise is nothing but an abuse of the process of law which …

Accused Can't Claim De Novo Trial As A Matter Of Right Unless Claim Of Counsel's Ineffectiveness Is Proved To Satisfaction Of Court: Delhi HC
2 years, 8 months ago

Accused Can't Claim De Novo Trial As A Matter Of Right Unless Claim Of Counsel's Ineffectiveness Is Proved To Satisfaction Of Court: Delhi HC

Live Law  

The Delhi High Court has observed that an accused cannot, as a matter of right claim de novo trial, except where he is able to show and prove his claim of ineffectiveness of counsel's assistance and his representation falling below an objective standard of reasonableness, to the satisfaction of the court. The instant plea filed by the accused sought directions …

Uncivil Remark But No IPC Offence: Madras High Court Quashes FIR Over FB Post Against General Bipin Rawat
2 years, 11 months ago

Uncivil Remark But No IPC Offence: Madras High Court Quashes FIR Over FB Post Against General Bipin Rawat

Live Law  

The Madras High Court has quashed an FIR registered against a man over a Facebook post made by him against Late CDS General Bipin Rawat soon after his death in the helicopter crash on December 8, 2021.The single bench of Justice GR Swaminathan condemned the act of the accused G.Sivarajaboopathi in harsh terms but quashed the FIR observing that the …

Second FIR On Same Incident Is Abuse Of Process Of Law, May Be Quashed Without Awaiting Final Report U/S 173 CrPC: Punjab & Haryana HC
2 years, 11 months ago

Second FIR On Same Incident Is Abuse Of Process Of Law, May Be Quashed Without Awaiting Final Report U/S 173 CrPC: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has held that if a second FIR is registered regarding an incident on which a prior FIR already exists, it amounts to abuse of process of law and the High Court is well within its powers under Section 482 CrPC to quash the same, without awaiting a final report under Section 173 CrPC. The …

Whether Provisions Of 'Family Courts Act' Have Been Made Applicable In Himachal Pradesh?: High Court Asks Centre
3 years, 1 month ago

Whether Provisions Of 'Family Courts Act' Have Been Made Applicable In Himachal Pradesh?: High Court Asks Centre

Live Law  

The Himachal Pradesh High Court this week asked the Central Government as to whether the provisions of Family Courts Act 1984 have been made applicable by way of issuance of a statutory notification vis-à-vis the State of Himachal Pradesh or not.Essentially, the Bench of Justice Ajay Mohan Goel was hearing a criminal revision plea when the counsel for the petitioner …

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court
3 years, 3 months ago

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court

Live Law  

Observing that an offence of Attempt To Murder will fall under the category of heinous offence, and therefore, has to be treated as a crime against society, the Delhi High Court on Monday refused to quash an FIR registered for an offence under 307/34 IPC. Court's observations At the outset, the Court noted that there was a conflict of opinions …

Andhra Pradesh High Court Quashes Amaravati Land Scam FIR Against Former Advocate General & Others
3 years, 4 months ago

Andhra Pradesh High Court Quashes Amaravati Land Scam FIR Against Former Advocate General & Others

Live Law  

The Andhra Pradesh High Court has quashed the FIR registered by the Anti-Corruption Bureau against former Advocate General Damallapati Srinivas and others in alleged Amaravati land scam.The FIR was registered alleging that the Srinivas and other accused had purchased large tracts of land in and around Amaravati, before it was announced as the new capital of the State of Andhra …

Delhi High Court Quashes FIR Against 13 Persons Over Scuffle During Bar Association Elections At Local Court
3 years, 4 months ago

Delhi High Court Quashes FIR Against 13 Persons Over Scuffle During Bar Association Elections At Local Court

Live Law  

The Delhi High Court has quashed an FIR registered against 13 persons in connection with a scuffle that ensued during Bar Association Elections at Dwarka District Court. The FIR was quashed in view of settlement between the parties involved.Justice Mukta Gupta quashed the FIR after assurance was given by the Petitioner-accused that they will not repeat any such behaviour in …

Victim Of Sexual Offence Can't Have Any Locus To Approach Court For Quashing Of FIR: Himachal Pradesh High Court
3 years, 4 months ago

Victim Of Sexual Offence Can't Have Any Locus To Approach Court For Quashing Of FIR: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently observed that a victim of a sexual offence cannot have any locus standi to approach the Court for quashing of FIR registered for the sexual assault which she had faced. The Bench of Justice Anoop Chitkara was hearing a petition of a rape victim, wherein she sought quashing of FIR registered at her instance …

"Act Smacks Of Prejudice & Malafide": Allahabad High Court Questions DM For Slapping 'Gangster Act' On Lady For 2 Pending Cases
3 years, 5 months ago

"Act Smacks Of Prejudice & Malafide": Allahabad High Court Questions DM For Slapping 'Gangster Act' On Lady For 2 Pending Cases

Live Law  

The Allahabad High Court today called it a strange case that on account of just two pending criminal cases against a lady, the Gangster Act was slapped on her.The Bench of Justice Vivek Kumar Singh sought a personal affidavit from the District Magistrate, Kanpur Nagar explaining as to under what circumstances a. The Allahabad High Court today called it a …

Ghaziabad FIR: Karnataka High Court Defers Order In Twitter India Head's Challenge To UP Police Notice Till July 20
3 years, 5 months ago

Ghaziabad FIR: Karnataka High Court Defers Order In Twitter India Head's Challenge To UP Police Notice Till July 20

Live Law  

The Karnataka High Court has deferred pronouncement of its order in the petition filed by the Managing Director of Twitter Communications India Private Ltd, challenging the notice issued to him under Section 41A of the Code of Criminal Procedure in the Ghaziabad FIR. On June 24, the Court had restrained the Uttar Pradesh police from taking coercive action against Maheshwari, …

"Prima Facie Insulting SC/ST Communities":Delhi High Court Upholds Order For Registering FIR For Caste-Based Questions In Recruitment Exam By DSSSB
3 years, 6 months ago

"Prima Facie Insulting SC/ST Communities":Delhi High Court Upholds Order For Registering FIR For Caste-Based Questions In Recruitment Exam By DSSSB

Live Law  

Holding that caste-based questions put in the primary teachers' recruitment exams conducted by the Delhi Subordinate Services Selection Board were prima facie intentionally insulting, or intimidating, with a view to insult members of specific castes, the Delhi High Court today upheld a trial court order directing for the registration of an FIR against unknown offenders under the. Holding that caste-based …

Plea In Supreme Court Against The Conduct Of UP Gram Panchayat Raj Elections Amid 'Exponential' Surge In COVID-19 Cases
3 years, 8 months ago

Plea In Supreme Court Against The Conduct Of UP Gram Panchayat Raj Elections Amid 'Exponential' Surge In COVID-19 Cases

Live Law  

A petition has been moved in the Supreme Court against the order of the Allahabad High Court allowing the Uttar Pradesh Gram Panchayat Raj Election to continue amid the rising numbers of COVID-19 cases. Citing the rise in cases and the consequent toll on the healthcare sector, the petitioner prays for leave to appeal, and in the interim, a stay …

Wrongful prosecution: plea in Supreme Court seeks guidelines for compensating victims
3 years, 9 months ago

Wrongful prosecution: plea in Supreme Court seeks guidelines for compensating victims

The Hindu  

A petition has been filed in the Supreme Court highlighting need for the government to frame guidelines for compensating victims of wrongful prosecution by the police or authorities. “Surprisingly, India, with a population of around 1.5 billion, has no effective statutory/legal Mechanism for the wrongful prosecutions due to police and prosecutorial misconduct resulting in a pandemic of false cases which …

Delhi High Court Rejects Bail To Accused Allegedly Involved In Fake MBBS Admissions Scam
3 years, 10 months ago

Delhi High Court Rejects Bail To Accused Allegedly Involved In Fake MBBS Admissions Scam

Live Law  

A bench of Justice Subramonium Prasad has rejected the bail application of a person accused of being part of a large-scale conspiracy by one 'Crack Ur Career Pvt Ltd', wherein substantial amounts of money was amassed by the company and the accused person, promising admission to students in MBBS courses in various colleges. The court further noted that the case …

Charge Of Attempt To Murder For Attending Tablighi Jamaat Congregation Prima Facie Abuse Of Process Of Law: Allahabad High Court
4 years, 1 month ago

Charge Of Attempt To Murder For Attending Tablighi Jamaat Congregation Prima Facie Abuse Of Process Of Law: Allahabad High Court

Live Law  

The Bench of Justice Ajay Bhanot was hearing the plea of applicant-accused who contended before the Court that even if the evidence collected during the investigation as well as the FIR is taken on their face value, no offence is disclosed against the applicants. Importantly, the Counsel for the applicant contended that though the original charge sheet was drawn up …

Delhi High Court Quashes FIR Seeking 'Unlawful Recovery Of Money' In A Purely Commercial Matter
4 years, 1 month ago

Delhi High Court Quashes FIR Seeking 'Unlawful Recovery Of Money' In A Purely Commercial Matter

Live Law  

The Delhi High Court on Monday reaffirmed that the criminal justice delivery mechanism cannot be misused to seek recovery of money under the garb of Cheating and Criminal Breach of Trust. The Petitioner had also raised the issue of territorial jurisdiction and submitted that the territorial jurisdiction of a court with regard to criminal offence would be decided on the …

Allowing Jail Premises To Be Used For Committing Crime Would Put Members Of The Society Under Serious Threat: Allahabad High Court [Read Order]
4 years, 1 month ago

Allowing Jail Premises To Be Used For Committing Crime Would Put Members Of The Society Under Serious Threat: Allahabad High Court [Read Order]

Live Law  

"If the premises of a district jail facility are itself so porous and its administration so lax, as may allow such jail premises to be used to commit further crime both outside and inside the jail, the members of the society would be under a serious threat and the entire social and civil structure and the order would be at …

Case Has Traits Of Civil Dispute: Punjab & Haryana High Court Asks Police To Stop Registering FIRs In Civil Matters [Read Order]
4 years, 2 months ago

Case Has Traits Of Civil Dispute: Punjab & Haryana High Court Asks Police To Stop Registering FIRs In Civil Matters [Read Order]

Live Law  

The Punjab and Haryana High Court on Friday asked the Police authorities to look into the process of registering FIRs in the State and ensure that matters involving civil disputes are not given the colour of a criminal case. In order to avoid harassment in the matters involving civil disputes, it is need of the hour that the police department …

Court Dismisses Plea Seeking FIR in JNU Violence Matter, Noting One Already Lodged
4 years, 2 months ago

Court Dismisses Plea Seeking FIR in JNU Violence Matter, Noting One Already Lodged

News 18  

A Delhi court has dismissed a plea filed by Professor Sucharita Sen, who suffered injuries during an attack allegedly by masked people inside the Jawaharlal Nehru University campus on January 5, seeking registration of an FIR in the matter, saying a case has already been lodged. The court passed the order after a status report was filed by the police, …

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