SC Upholds Madhya Pradesh HC's Order to Cancel Advocate's Judge Post over Wife's 498A Complaint
4 years, 2 months ago

SC Upholds Madhya Pradesh HC's Order to Cancel Advocate's Judge Post over Wife's 498A Complaint

News 18  

The Supreme Court on Wednesday upheld the Madhya Pradesh High Court’s decision annul an advocate’s selection as a district judge for subjecting his wife to cruelty at her matrimonial home as per a complaint under Section 498A of the IPC. A bench of Justices Ashok Bhushan and M R Shah said, “The decision of the examination-cum-selection and appointment committee for holding the appellant unsuitable was based on the relevant consideration, that is, a criminal case against the appellant under Section 498A/406/34 IPC was pending consideration which was registered on a complaint filed by the wife of the appellant.” The court further refused to take into consideration the subsequent acquittal of the advocate ordered by the trial court in the case. The fact that subsequently, the advocate was acquitted in the criminal case did not furnish sufficient ground for reconsidering the appellant for appointment on the post,” Justice Bhushan wrote in the judgement. Appearing for the lawyer, senior advocate R Venkataramani argued that the top court must consider his appeal against the HC order for removal of the “stigma” due to deletion of the appellant’s name from the selection list.

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History of this topic

Madhya Pradesh High Court Annual Digest Part II : Citations 134-338
4 days, 2 hours ago

Madhya Pradesh High Court Annual Digest Part II : Citations 134-338

Live Law  

Citations: 2024 LiveLaw 134 to 2024 LiveLaw 338 Married Woman Cannot Prosecute Accused For Rape On False Promise To Marry, Her Consent Not Based On Misconception: MP High Court Case Title: Abhishek Arjariya Vs. Music Band Training Optional For Police Constables, Can't Send Them For Band Practice Without Written Consent: MP High Court Case Title: Pankaj Shukla And Others Versus …

ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court
2 weeks ago

ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court

Live Law  

While dealing with a case under Article 227 of the Constitution, the Allahabad High Court has observed a judge of the rank of Additional District and Sessions Judge is expected not only to apply his judicial mind but also deal with the arguments of the parties before returning any findings. Holding that revision is to be treated as an appeal …

ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court
2 weeks ago

ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court

Live Law  

While dealing with a case under Article 227 of the Constitution, the Allahabad High Court has observed a judge of the rank of Additional District and Sessions Judge is expected not only to apply his judicial mind but also deal with the arguments of the parties before returning any findings. Holding that revision is to be treated as an appeal …

Wife's Patience & Silence To Save Marital Life Reflects Sincerity, Not Weakness: Madhya Pradesh High Court
2 weeks, 5 days ago

Wife's Patience & Silence To Save Marital Life Reflects Sincerity, Not Weakness: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has observed that if a wife maintains patience and silence with the sole intention of saving her matrimonial life, it cannot be said that it is her weakness; on the contrary, it shows her sincerity towards her marital life. The wife lodged the FIR under Sections 498-A, 323, 294, 506, 34 of IPC and under …

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family
3 weeks, 2 days ago

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family

Live Law  

The Indore Bench of Madhya Pradesh High Court in a recent ruling allowed the medical termination of a woman's pregnancy on account of matrimonial dispute and alleged domestic violence by her husband and his family members. of NCT of Delhi, Justice Subodh Abhyankar observed, "this Court is of the considered opinion that on account of the petitioner's dispute with her …

Supreme Court Reserves Judgment On Plea Against Dismissal Of 2 Women Judicial Officers By Madhya Pradesh High Court
3 weeks, 3 days ago

Supreme Court Reserves Judgment On Plea Against Dismissal Of 2 Women Judicial Officers By Madhya Pradesh High Court

Live Law  

The Supreme Court today reserved judgment in the case concerning the Madhya Pradesh High Court's decision to terminate two lady judicial officers from service.In this case, six judicial officers were simultaneously terminated from service. The Supreme Court today reserved judgment in the case concerning the Madhya Pradesh High Court's decision to terminate two lady judicial officers from service. Arguments in …

Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges
3 weeks, 4 days ago

Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges

India Today  

The Supreme Court on Tuesday reserved its order on the suo motu writ petition registered in connection with the termination of services of six female civil judges by the Madhya Pradesh government, of which two are yet to be reinstated. On the last date of hearing, the top court had slammed the state high court for terminating the services of …

Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor
3 weeks, 4 days ago

Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor

Live Law  

In a plea concerning termination of over 20-week pregnancy of a minor girl who was stated to be gang raped, the Indore bench of the Madhya Pradesh High Court has given a detailed procedure to be followed by police authorities, district courts and high court registry in order to ensure timely legal and medical help. It is rather cruel for …

Supreme Court warns against misuse of cruelty law for settling personal scores against husband
4 weeks, 2 days ago

Supreme Court warns against misuse of cruelty law for settling personal scores against husband

Deccan Chronicle  

New Delhi: The Supreme Court has given a strong warning against the misuse of laws in marital dispute cases. The apex court made this observation after setting aside a cruelty case filed under Section 498 of the IPC, which the Telangana High Court had refused to dismiss previously. In the above case, the Supreme Court ruled in favour of the …

SC: MP HC Didn't Consider Woman Judge's Miscarriage Before Sacking
1 month ago

SC: MP HC Didn't Consider Woman Judge's Miscarriage Before Sacking

Deccan Chronicle  

New Delhi: Wish men have menstruation, the Supreme Court has remarked, censuring the Madhya Pradesh High Court's decision to sack a woman judge in the state based on performance and not considering her predicament due to a miscarriage. On November 11, 2023, the top court took a suo motu cognisance of the termination of six women civil judges by the …

‘Men would understand if they menstruated…’: Supreme Court criticises dismissal of 6 women judges in Madhya Pradesh
1 month ago

‘Men would understand if they menstruated…’: Supreme Court criticises dismissal of 6 women judges in Madhya Pradesh

Live Mint  

The Supreme Court on Tuesday strongly criticized the dismissal of six women civil judges in Madhya Pradesh, questioning the fairness of the criteria used. It also commented that ‘men would understand the situation if they experienced menstruation.’ A panel of Justices BV Nagarathna and N Kotiswar Singh was hearing a case related to the termination of female civil judges. The …

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

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
1 month, 1 week ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law  

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent
1 month, 1 week ago

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent

Live Law  

Rajasthan High Court has ruled that sometimes bonafide mistake could be committed by the counsel for a litigant by not furnishing the requisite notices upon the opposite party, however, instead of applying a hyper-technical approach and rejecting the case, justice oriented approach should be applied. The Court was hearing writ petitions filed against the order of the Rajasthan Civil Services …

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix
2 months ago

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix

Live Law  

The Jabalpur bench of the Madhya Pradesh High Court upheld the decision of the trial court to restrict the right of accused to cross-examine the prosecutrix, while noting that the man made "every effort to harass" the woman by continuously seeking adjournments for her cross examination. Ahluwalia in its order said, "It is true that the applicant may suffer irreparable …

Supreme Court Asks Full Court Of MP High Court To Re-Consider Dismissal of 6 Women Judicial Officers
5 months, 2 weeks ago

Supreme Court Asks Full Court Of MP High Court To Re-Consider Dismissal of 6 Women Judicial Officers

Live Law  

The Supreme Court, in a suo motu writ petition registered regarding the simultaneous termination of services of 6 female civil judges in Madhya Pradesh, asked the full court of the MP High Court to reconsider the issue. The State government's decision was preceded by the meeting of the Administrative Committee of the High Court recommending the termination of these judicial …

SC asks Madhya Pradesh HC to re-examine termination of six women civil judges
5 months, 2 weeks ago

SC asks Madhya Pradesh HC to re-examine termination of six women civil judges

New Indian Express  

NEW DELHI: The Supreme Court recently directed the Madhya Pradesh High Court to re-examine its order to terminate the services of six women civil judges. In January, the Supreme Court had issued a notice to the Registrar General of the Madhya Pradesh High Court in the suo motu case. The Supreme Court had taken suo motu cognisance on January 12 …

BJP moves Telangana HC over lower court adjourning its private complaint against CM Revanth Reddy
7 months, 2 weeks ago

BJP moves Telangana HC over lower court adjourning its private complaint against CM Revanth Reddy

The Hindu  

The Bharatiya Janata Party State unit moved a lunch motion in the Telangana High Court here on Thursday challenging the adjournment to July 6 of its private criminal complaint against Chief Minister A. Revanth Reddy accusing the latter of making provoking and defamatory remarks against it during an election campaign meeting at Khammam a few weeks ago. Represented by its …

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court
8 months ago

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court

Live Law  

Madhya Pradesh High Court has recently underscored that notice of proceedings should have been issued to the petitioner and not his counsel in the matter. Pursuant to a High Court order, the Joint Director had decided on an earlier application of the petitioner dated 1/11/2022 and the fresh application filed by him on 28/3/2023. It was incumbent upon respondent No.2 …

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case
9 months, 4 weeks ago

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

Live Law  

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156 CrPC to the designated special judge of Indore District Court. “…Since the question of competency and jurisdiction of the court …

Supreme Court Informed Of Madhya Pradesh High Court's Refusal To Reconsider Dismissal Of 6 Women Judges
10 months, 2 weeks ago

Supreme Court Informed Of Madhya Pradesh High Court's Refusal To Reconsider Dismissal Of 6 Women Judges

Live Law  

In a suo motu writ petition registered wrt simultaneous termination of services of 6 female civil judges in Madhya Pradesh, the Supreme Court was recently apprised that the Administrative Committee of the State High Court has resolved to not re-consider its earlier decision.Taking note, the Bench of Justices BV Nagarathna and AG Masih gave time to the parties to file …

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings
10 months, 3 weeks ago

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings

Live Law  

Noting that the 'doctrine of finality' in judgments has great sanctity, Madhya Pradesh High Court held a second review petition before it arising out of a writ matter to be non-maintainable. Afterwards, turning to the factual matrix of the case, the court proceeded to make the following observations: “…The petitioner has already exhausted remedy of writ petition, writ appeal, review …

Termination of six women judges by Madhya Pradesh govt: SC asks MP HC if it can reconsider its decision
11 months, 1 week ago

Termination of six women judges by Madhya Pradesh govt: SC asks MP HC if it can reconsider its decision

New Indian Express  

NEW DELHI: The Supreme Court on Friday asked the Madhya Pradesh High Court as to whether it can reconsider in 3 weeks its decision to terminate the services of six women judges. A two-judge bench of the Top Court, headed by Justice BV Nagarathna and also comprising Justice Sanjay Karol was hearing a suo motu writ petition initiated by the …

After Acceptance Of Compassionate Appointment On A Particular Post A Person Is Precluded From Claiming A Higher Post: MP High Court
1 year ago

After Acceptance Of Compassionate Appointment On A Particular Post A Person Is Precluded From Claiming A Higher Post: MP High Court

Live Law  

The Madhya Pradesh High Court has observed that once an individual accepts a compassionate appointment, he/she is precluded from seeking or claiming a higher position.Referring to the Supreme Court's Judgment in the case of Rajasthan vs. Umrao Singh, a bench of Justice Vivek Agarwal observed that once a compassionate appointment was given and accepted, the right to. The Madhya Pradesh …

HC refuses to interfere with the rejection of the nomination
1 year, 1 month ago

HC refuses to interfere with the rejection of the nomination

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court on Friday dismissed a plea filed by Bahujan Samaj Party aspirant Manduri Sharada questioning the action of the returning officer in refusing her nomination papers for the Madhura constituency. 2 child norm for panchayats upheld A two-judge bench of the Telangana High Court comprising Chief Justice Alok Aradhe and Justice N.V. …

'Thank God We Have Judges Like Anand Venkatesh' : Supreme Court Hails Madras HC Order Reopening Acquittal Of TN Minister Ponmudi
1 year, 2 months ago

'Thank God We Have Judges Like Anand Venkatesh' : Supreme Court Hails Madras HC Order Reopening Acquittal Of TN Minister Ponmudi

Live Law  

The Supreme Court on Monday refused to interfere with the Madras High Court's suo motu order re-opening the acquittal of Tamil Nadu Minister Ponmudi and his wife in a disproportionate assets case. Hailing Justice Anand Venkatesh of Madras High Court for passing the suo motu order, the Court refused to entertain the petitions filed by Ponmudi and his wife Visalatchi, …

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 2 months ago

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

Live Law  

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High …

‘Really Shocking, Trying To Harass Eligible Candidates’, High Court Pulls Up MP Public Service Commission For Misdirected Recruitment Process
1 year, 2 months ago

‘Really Shocking, Trying To Harass Eligible Candidates’, High Court Pulls Up MP Public Service Commission For Misdirected Recruitment Process

Live Law  

In a significant order that has alleviated the concerns of eligible candidates, the Madhya Pradesh High Court has given strict directions to the State Public Service Commission to comply with the High Court’s judgment in Vaishali Wadhwani and Others v. The State of Madhya Pradesh. While disposing the petition filed by one of the candidates, the high court observed that …

Telangana HC stays prosecution of BJP worker
1 year, 4 months ago

Telangana HC stays prosecution of BJP worker

Deccan Chronicle  

Hyderabad: Justice K. Anupama Chakravarthy of the Telangana High Court directed the Jubilee Hills police station not to take any coercive step against Kirthi Reddy Juturu, a BJP activist, for defamation, based on her comments posted on social media. No forum for insolvency, complains citizen A two-judge bench of Telangana High Court on Monday admitted a writ petition complaining that …

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case
1 year, 4 months ago

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case

Live Law  

The Supreme Court recently asked the Madhya Pradesh High Court to have a relook the case of a judicial aspirant, whose name was deleted from the merit list of the Madhya Pradesh Judicial Services Examination, 2019 due to a "false" criminal complaint. A Division Bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia in its order made a prima facie …

Supreme Court Rejects Advocates' Association's Plea Challenging HC Instructions To District Courts On Disposal Of Old Cases
1 year, 5 months ago

Supreme Court Rejects Advocates' Association's Plea Challenging HC Instructions To District Courts On Disposal Of Old Cases

Live Law  

The Supreme Court, on Monday, refused to entertain a petition filed by the OBC Advocates Welfare Association assailing the legality of three circulars issued by the Madhya Pradesh High Court asking District and Sessions Courts to dispose of 25 of their oldest cases every quarter to clear pendency. The Chief Justice of the Madhya Pradesh High Court intervened and asked …

Res Judicata | Section 10 CPC Applies Only In Cases Where Whole Subject Matter In Both Suits Is Identical: Himachal Pradesh High Court
1 year, 6 months ago

Res Judicata | Section 10 CPC Applies Only In Cases Where Whole Subject Matter In Both Suits Is Identical: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court while highlighting the requirement of an identical subject matter for the application of Section 10 of the Code of Civil Procedure on Tuesday emphasized that the words "directly and substantially in issue" should be interpreted in contrast to matters that are merely "incidental or collateral". The case before the court involved a civil suit filed …

In Case Of Circumstantial Evidence, Chain Has To Be Complete In All Respect : Supreme Court
1 year, 6 months ago

In Case Of Circumstantial Evidence, Chain Has To Be Complete In All Respect : Supreme Court

Live Law  

Reiterating that in a case of circumstantial evidence, "the chain has to be complete in all respects so as to indicate the guilt of the accused and also exclude any other theory of the crime," the Supreme Court has set aside the conviction and life sentence awarded to the accused in the murder case by the Madhya Pradesh High Court …

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
1 year, 8 months ago

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court

Live Law  

The Supreme Court recently upheld the decision of Madhya Pradesh High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances beyond reasonable doubt. Arguments The Counsel appearing for the State submitted before the Court that the testimony …

SC asks Calcutta HC chief justice to reassign Bengal teachers recruitment case to another judge
1 year, 8 months ago

SC asks Calcutta HC chief justice to reassign Bengal teachers recruitment case to another judge

India Today  

The Supreme Court on Friday directed the Chief Justice of Calcutta High Court to reassign the West Bengal teachers' recruitment case to another judge. A bench headed by Chief Justice of India DY Chandrachud took note of the report submitted by the Registrar General of the Calcutta HC over Justice Gangopadhyay's interview with a news channel wherein he spoke about …

HC displeased with cops over failure to arrest ex-election officer
1 year, 9 months ago

HC displeased with cops over failure to arrest ex-election officer

Deccan Chronicle  

Hyderabad: The Telangana High Court on Tuesday summoned the Malkajgiri deputy commissioner of police for failing to execute an election petition warrant against sitting BRS MLA and minister Koppula Eeswar. HC directs Pharma Council to collect PERC as per old tariffs Justice K. Lakshman of Telangana State High Court on Tuesday directed the Pharmacy Council of India to collect the …

District Judges Appointment - Only 10% Posts Can Be Filled Through Limited Competitive Examination : Supreme Court
1 year, 9 months ago

District Judges Appointment - Only 10% Posts Can Be Filled Through Limited Competitive Examination : Supreme Court

Live Law  

The Supreme Court, on Monday, directed the Madhya Pradesh High Court to comply with the directions of the Apex Court in All India Judges’ Association And Ors. 15 SCC 170, particularly, the one asking the High Courts to reserve only 10% seats in the higher judiciary to be filled up by limited departmental competitive examination. v. UoI And Ors, the …

Misbehaviour With Lady Judge| Allahabad High Court Debars Advocate From Practising In UP Courts, Orders Security For Judge
2 years ago

Misbehaviour With Lady Judge| Allahabad High Court Debars Advocate From Practising In UP Courts, Orders Security For Judge

Live Law  

The Allahabad High Court has debarred an advocate, who misbehaved, insulted, and abused a lady judge posted in a court under the Bulandshahr Judgeship, from practicing law before the UP Courts. The Court has also ordered him to appear in person before HC on January 12.The Bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad passed this order …

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted
2 years ago

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted

Live Law  

The High Court of Madhya Pradesh,Indore Bench recently allowed an application under Order 23 Rule 1 and 3 of the CPC moved by a litigantto withdraw his suit with liberty to file it afresh, more than seven years after the case was instituted before a Civil Judge in Dewas. Thus in my opinion the reasons given by theplaintiff in his …

Why did the Supreme Court overturn conviction of a Madhya Pradesh man accused of harassing wife?
2 years ago

Why did the Supreme Court overturn conviction of a Madhya Pradesh man accused of harassing wife?

Firstpost  

A bench of justices S Ravindra Bhat and Sudhanshu Dhulia overturned the Madhya Pradesh High Court order, citing multiple dying declarations. It noted that the man was not named in the first declaration alleging cruelty relating to dowry but was named in the second one New Delhi: The Supreme Court on Monday set aside the conviction of a man accused …

MP High Court Holds Advocate Guilty Of Contempt For Forging Signature On Affidavit; Directs Enquiry Against Oath Commissioner For Executing It
2 years, 2 months ago

MP High Court Holds Advocate Guilty Of Contempt For Forging Signature On Affidavit; Directs Enquiry Against Oath Commissioner For Executing It

Live Law  

The Madhya Pradesh High Court, Gwalior bench recently held an Advocate guilty of contempt for forging signatures of the Petitioner on an affidavit. The Court, however, directed an enquiry against the oath commissioner for executing the document- Thus, it is clear that the father of the prosecutrix never appeared before Shri D.V.S. The Court opined that his unconditional apology could …

Can Life Sentence Be Reduced By Giving Benefit Of Right To Private Defence While Maintaining Murder Conviction ? : SC Issues Notice
2 years, 5 months ago

Can Life Sentence Be Reduced By Giving Benefit Of Right To Private Defence While Maintaining Murder Conviction ? : SC Issues Notice

Live Law  

Can a High Court, while maintaining murder conviction, reduce the life sentence to that already undergone, by giving the benefit of right to private defence?The Supreme Court might examine this issue in a special leave petition filed by the State of Madhya Pradesh against a Madhya Pradesh High Court judgment.In this case, the trial Court convicted Nandu @ Nandua and. …

'Bar U/S 362 CrPC Not Applicable': Madhya Pradesh High Court Recalls Order For Cancellation Of Bail As Accused Was Not Duly Served Notice
2 years, 7 months ago

'Bar U/S 362 CrPC Not Applicable': Madhya Pradesh High Court Recalls Order For Cancellation Of Bail As Accused Was Not Duly Served Notice

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently recalled its order for cancellation of bail which was passed ex-parte, holding that the person enlarged on bail was not duly served notice and therefore he could not appear before the Court to contest the said application. He further argued that the Deemed Service Clause as per Chapter XV Rule 11 of …

"Sometimes Bar Or Bench Members Unwarily Transgress Propriety Unintentionally": MP HC Expunges Remarks Against Senior Counsel
2 years, 7 months ago

"Sometimes Bar Or Bench Members Unwarily Transgress Propriety Unintentionally": MP HC Expunges Remarks Against Senior Counsel

Live Law  

"There are moments in courts when heated exchanges do take place and though rare, it is not unheard of that either the member of the Bar or the Bench also in equal measure, unwarily transgresses the line or propriety unintentionally," the Madhya Pradesh High Court observed recently as it expunged its remarks made against a senior counsel last month.With this, …

'Transfer Them To Far-Flung Places': Madhya Pradesh High Court On Police Officers Tampering With Evidence In Rape Case, Orders Inquiry
2 years, 8 months ago

'Transfer Them To Far-Flung Places': Madhya Pradesh High Court On Police Officers Tampering With Evidence In Rape Case, Orders Inquiry

Live Law  

The Madhya Pradesh High Court recently directed the State Level Vigilance and Monitoring Committee to take appropriate action against the Police Officers concerned for tampering with forensic evidence in a rape case, to allegedly shield the Appellant/accused, who also happened to be a police officer. Justice Vivek Agarwal further lamented that the Court would've directed that the case be handed …

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ
2 years, 8 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 …

MP High Court Refuses To Quash Charges Framed Against Advocate U/S 19&21 POCSO Act For 'Ill-Advising' Rape Accused To Conceal Crime
2 years, 9 months ago

MP High Court Refuses To Quash Charges Framed Against Advocate U/S 19&21 POCSO Act For 'Ill-Advising' Rape Accused To Conceal Crime

Live Law  

The Madhya Pradesh High Court recently refused to interfere with the charge framed against an Advocate under the POCSO Act for 'ill-advising' the accused and Prosecutrix in a rape case, suggesting them 'not to disclose true facts to the police'. Justice Sanjay Dwivedi was dealing with a criminal revision preferred by the Applicant aggrieved by order of the trial court, …

Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases: Supreme Court Dismisses Review Petition
2 years, 9 months ago

Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases: Supreme Court Dismisses Review Petition

Live Law  

The Supreme Court dismissed a review petition filed by State of Madhya Pradesh against its judgment holding that magistrates would not be competent to extend the time to complete investigations in UAPA cases.The grounds taken in the Review Petition do not make out any error apparent on record to justify interference, the bench comprising Justices Uday Umesh Lalit, S. Ravindra …

Advocate Apologizes For Abusing Lady Judge In Open Court: Allahabad HC Disposes Contempt Case After Imposing 2K Cost
2 years, 10 months ago

Advocate Apologizes For Abusing Lady Judge In Open Court: Allahabad HC Disposes Contempt Case After Imposing 2K Cost

Live Law  

The Allahabad High Court recently disposed of a contempt case against a lawyer who abused a lady judge in the open court after he tendered an unconditional & unqualified apology before the court/judicial officer.The Bench of Justice Suneet Kumar and Justice Vikram D. Chauhan however imposed a cost of Rs. The Allahabad High Court recently disposed of a contempt case …

Change Of Counsel Not Ground To Recall Witnesses U/S 311 CrPC: Madhya Pradesh High Court
2 years, 10 months ago

Change Of Counsel Not Ground To Recall Witnesses U/S 311 CrPC: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed a criminal revision, whereby the Applicant was praying for re-examination of witnesses in a trial, holding that change of counsel cannot be a ground for recall of the witnesses. Furthermore, it noted that if the Applicant felt that his previous Counsel had indulged in professional misconduct, he should report the same …

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