Accused Who Can’t Afford Lawyer Must Be Provided One At The Cost Of The State: Patna HC [Read Judgment]
6 years, 4 months ago

Accused Who Can’t Afford Lawyer Must Be Provided One At The Cost Of The State: Patna HC [Read Judgment]

Live Law  

‘Unless there happens to be refusal at the end of the accused, the accused must be provided legal representative at the cost of the State.’Ordering de novo trial in a murder case, the Patna High Court has set aside conviction of an accused who was not represented by a lawyer during the trial.The bench of Justice Aditya Kumar Trivedi and Justice Rajendra Kumar Mishra observed that unless. ‘Unless there happens to be refusal at the end of the accused, the accused must be provided legal representative at the cost of the State.’ Ordering de novo trial in a murder case, the Patna High Court has set aside conviction of an accused who was not represented by a lawyer during the trial. The bench of Justice Aditya Kumar Trivedi and Justice Rajendra Kumar Mishra observed that unless there happens to be refusal at the end of the accused, the accused must be provided legal representative at the cost of the State. “There is a direction by the Supreme Court to the Magistrate as well as Sessions Judge in the country to inform every accused who appears before them and who is not represented by a lawyer on account of his poverty or indigence that he is entitled to free legal service at the cost of State and the courts were/are under obligation to comply the same,” the court said.

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History of this topic

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape
2 weeks, 2 days ago

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape

Live Law  

The Gwalior Bench of Madhya Pradesh High Court has refused to quash an FIR lodged against an Advocate for allegedly misusing his professional relationship with a client and committing rape on her. The Court also said that prosecutrix statement recorded under Section 164 of CrPC, in which she denied the allegation, cannot be given preference over FIR and statement recorded …

Lucknow Court Imposes ₹200 Fine On LoP Rahul Gandhi Over Non-Appearance In VD Savarkar Defamation Case
3 weeks, 1 day ago

Lucknow Court Imposes ₹200 Fine On LoP Rahul Gandhi Over Non-Appearance In VD Savarkar Defamation Case

Live Law  

A Court in Uttar Pradesh's Lucknow district has imposed a cost of Rs. 200 on Congress MP and LoP in Loksabha, Rahul Gandhi, over his non-appearance in a complaint case in which he has been summoned as an accused over his alleged 'derogatory' remark against Vinayak Damodar Savarkar made during his Bharat Jodo Yatra in November 2022 in Maharashtra's Akola. …

Trial Court Should Avoid Giving Observations On Merits Of Case At Stage Of Interim Application: Jammu & Kashmir And Ladakh High Court
1 month, 3 weeks ago

Trial Court Should Avoid Giving Observations On Merits Of Case At Stage Of Interim Application: Jammu & Kashmir And Ladakh High Court

Live Law  

While setting aside an order passed by the trial court, the High Court of Jammu & Kashmir observed that by making observations on the merits of the suit, the trial court had virtually dismissed the suit under the guise of dismissing the application for interim relief, leaving nothing in the suit for determination. The trial court dismissed the interim relief …

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court
2 months, 2 weeks ago

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court

Live Law  

The Patna High Court has held that those not charge-sheeted by the police can also be summoned to face trial under Section 319 of the Code of Criminal Procedure India, 1973 if strong and cogent evidence against them surfaces during the trial. Justice Jitendra Kumar, while dismissing the criminal revision petition filed by Draupadi Kunwar and others, observed, “The Court …

Supreme Court Yearly Digest 2024: Negotiable Instruments Act, 1881
3 months ago

Supreme Court Yearly Digest 2024: Negotiable Instruments Act, 1881

Live Law  

Director of the company not responsible for its day-to-day affairs cannot be held liable for dishonour of cheque. Prem Raj v. Poonamma Menon, 2024 LiveLaw 272 : 6 SCC 143 Section 138 – Dishonouring of cheque – Held, existence of any “enforceable debt or other liability” not found. Raj Reddy Kallem v. State of Haryana, 2024 LiveLaw 336 Section 147 …

'Time Served On Duty Is Immaterial If Appointment Is Not As Per Law', Patna High Court
4 months ago

'Time Served On Duty Is Immaterial If Appointment Is Not As Per Law', Patna High Court

Live Law  

A Division Bench of the Patna High Court comprising Justices P. B. Banjanthri and B. PD. Singh held that if a candidate's appointment was not as per law, it would be immaterial as to how many years he has discharged duties in relation to the post. The Bench upheld the order of the Single Judge that had denied relief to …

Even Ajmal Kasab got fair trial: Supreme Court to CBI in Yasin Malik's case
4 months, 1 week ago

Even Ajmal Kasab got fair trial: Supreme Court to CBI in Yasin Malik's case

India Today  

Even 26/11 Mumbai attack terrorist Ajmal Kasab was given a fair trial, the Supreme Court observed while hearing an appeal by the Central Bureau of Investigation challenging a Jammu court order asking Kashmiri separatist leader Yasin Malik to appear in person. Yasin Malik is the main accused in the killing of four Indian Air Force personnel near Srinagar in 1990 …

Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs
4 months, 2 weeks ago

Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs

Live Law  

The Patna High Court has acquitted a man 12 years after conviction for rape, while observing that withholding a rape victim's medico-legal examination report raises adverse presumption against the prosecution's case. More so, when the informant was examined by doctors at Banka and Bhagalpur hospital withholding the medico legal examination's report raises adverse presumption against the proseuction case. Even suggestion …

Termination From Service Based Solely On Implication In Criminal Case Without Affording Opportunity Of Hearing Unmerited: Patna High Court
8 months, 3 weeks ago

Termination From Service Based Solely On Implication In Criminal Case Without Affording Opportunity Of Hearing Unmerited: Patna High Court

Live Law  

The Patna High Court has observed that termination of services of a worker by concerned authority merely on the ground of implication in a criminal case, without affording the worker an opportunity of hearing, is unjustified. The District Programme Officer /respondent, Nalanda had terminated the appellant from post of Aganbari Sevik on 26.02.2014 on the ground that she was implicated …

Bihar moves top court against HC quota hike order
8 months, 3 weeks ago

Bihar moves top court against HC quota hike order

Hindustan Times  

The Bihar government has approached the Supreme Court challenging the Patna high court decision striking down the law enhancing caste-based reservation to 65% in jobs and admissions and argued that the caste survey carried out by the state adequately satisfies the parameters required to breach the 50% ceiling on reservation set by the top court in the 1992 Indra Sawhney …

Why Ram Rahim Singh Was Acquitted In 2002 Murder Case? Punjab & Haryana High Court Belies Polygraph Test, Says CBI Coerced Key Witness
9 months, 3 weeks ago

Why Ram Rahim Singh Was Acquitted In 2002 Murder Case? Punjab & Haryana High Court Belies Polygraph Test, Says CBI Coerced Key Witness

Live Law  

In its 163-page judgment, the Punjab and Haryana High Court today acquitted Dera Sacha Sauda chief Gurmeet Ram Rahim Singh and four others who were sentenced to life imprisonment by a CBI court in the 2002 Ranjit Singh murder case.A division bench of Justice Sureshwar Thakur and Justice Lalit Batra found the CBI, which took over the probe in November …

Madras High Court calls for legal services authority’s report on ‘Savukku’ Shankar’s health condition
10 months, 2 weeks ago

Madras High Court calls for legal services authority’s report on ‘Savukku’ Shankar’s health condition

The Hindu  

The Madras High Court on Wednesday called for a report from the Coimbatore District Legal Services Authority after being informed that the latter had deputed three empanelled lawyers and an orthopaedician to check on the health of YouTuber ‘Savukku’ Shankar, alias A. Shankar, following complaints of custodial violence in the Coimbatore Central Prison. While Senior Counsel R. John Sathyan, representing …

Departmental Proceedings And Proceedings In Criminal Case Can Proceed Simultaneously: CAT Jabalpur
10 months, 3 weeks ago

Departmental Proceedings And Proceedings In Criminal Case Can Proceed Simultaneously: CAT Jabalpur

Live Law  

The Central Administrative Tribunal, Jabalpur bench of Justice Akhil Kumar Srivastava and Kumar Rajesh Chandra held that departmental proceedings and proceedings in criminal case can proceed simultaneously, as there is no bar in their being conducted simultaneously, though separately. Subsequently, two criminal cases were filed against the Applicant, and following a departmental inquiry, the Disciplinary Authority ordered the Applicant's dismissal …

Patna High Court Orders ₹2 Lakh Compensation To Man Who Was Subjected To 'Severe' Torture, Assault In Police Custody
11 months ago

Patna High Court Orders ₹2 Lakh Compensation To Man Who Was Subjected To 'Severe' Torture, Assault In Police Custody

Live Law  

The Patna High Court has ordered the State Government to pay a compensation of ₹2 lakh to a man who was subjected to severe torture and assault while in police custody.Applying the principle under Section 106 of the Evidence Act to the facts of the case, a bench of Justice Bibek Chaudhuri observed that the policemen involved in the. The …

Patna HC Orders 2 Judicial Officers To Pay ₹200 As 'Token' Compensation To Man For Subjecting Him To Unjustifiable Trial U/S 498A IPC
11 months ago

Patna HC Orders 2 Judicial Officers To Pay ₹200 As 'Token' Compensation To Man For Subjecting Him To Unjustifiable Trial U/S 498A IPC

Live Law  

In a one-of-a-kind order, the Patna High Court has directed two judicial officers of the state to pay compensation of ₹100 each to a man subjected to an unjustifiable trial under Section 498A of the Indian Penal Code. The Court added that the amount of compensation was being fixed as a “token” to remind the concerned Judicial Officers that before …

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 …

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
1 year 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 …

Patna High Court Weekly Round-Up: January 08 To January 14, 2024
1 year, 2 months ago

Patna High Court Weekly Round-Up: January 08 To January 14, 2024

Live Law  

Nominal Index Ravi Shankar and Anr vs The State of Bihar and Ors 2024 LiveLaw 03 M/s Nav Nirman Construction vs The Union of India & Ors 2024 LiveLaw 4 Urmila Devi Jain & Ors vs. Ashok Kumar & Ors 2024 LiveLaw 5 Manoj Kumar Mishra vs. The State of Bihar and Ors 2024 LiveLaw 6 M/s Raj Kumar Sao …

Expedited Resolution In Summary Suits Cannot Come At The Cost Of Defendant's Fair Opportunity To Defend Himself: J&K High Court
1 year, 2 months ago

Expedited Resolution In Summary Suits Cannot Come At The Cost Of Defendant's Fair Opportunity To Defend Himself: J&K High Court

Live Law  

Shedding light on the principles governing the grant of leave to defend a summary suit, the Jammu and Kashmir and Ladakh High Court has ruled that while the objective of summary suits is to expedite commercial disputes, this cannot come at the cost of denying the defendant a fair opportunity to defend himself. Justice M A Chowdhary expounded, “.When the …

[S.27 Arms Act] Mere Recovery Of Weapon Based On Accused's Confession Insufficient, Ballistic Expert Opinion Vital: Patna High Court
1 year, 5 months ago

[S.27 Arms Act] Mere Recovery Of Weapon Based On Accused's Confession Insufficient, Ballistic Expert Opinion Vital: Patna High Court

Live Law  

The Patna High Court while overturning the convictions of eight individuals in a murder case, has opined that the mere discovery of weapons, specifically pistols and cartridges, based on the confessions of the accused, without the input of a ballistic expert, was insufficient to establish the charge under Section 27 of the Arms Act. Moreover, there was no attempt made …

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC
1 year, 6 months ago

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC

Live Law  

The Patna High Court has set aside a 27 year old rioting and murder convictions qua six persons, while underscoring the significance of conducting a thorough and impartial inquiry of the accused as per Section 313 of the Cr.P.C. Therefore, while examining the accused, trial Court should be mindful of the object underlying this provision.” “the non-examination of the Investigating …

Patna High Court Weekly Round-Up: August 28 To September 3, 2023
1 year, 6 months ago

Patna High Court Weekly Round-Up: August 28 To September 3, 2023

Live Law  

Nominal Index Shankar Kumar vs. The State of Bihar and Others 2023 LiveLaw 101 Arun Kumar Singh Alias Arun Singh vs. Nirmala Devi 2023 LiveLaw 102 Assistant Commissioner of Income Tax Versus Satish Kumar Keshri 2023 LiveLaw 103 Sahara Refund: Patna High Court Grants Pre-Arrest Bail To Agent Booked For Non-Repayment Of Maturity Amount To Depositor Case Title: Shankar Kumar …

Rahul Gandhi Returns to Lok Sabha: A Deeper Look at SC Verdict, Its Implications
1 year, 7 months ago

Rahul Gandhi Returns to Lok Sabha: A Deeper Look at SC Verdict, Its Implications

The Quint  

Except for the admonition to the petitioner by this Court in a contempt proceeding, no other reason has been granted by the learned trial judge while imposing the maximum sentence of two years. It is to be noted that it is only on account of the maximum sentence of two years imposed by the learned trial judge that the provisions …

Trial judge failed to give reasons for maximum punishment to Rahul: Supreme Court
1 year, 7 months ago

Trial judge failed to give reasons for maximum punishment to Rahul: Supreme Court

The Hindu  

The primary reason for the Supreme Court to stay the conviction of Congress leader Rahul Gandhi in the Modi surname case on August 4 is that nobody knows why the trial judge decided to serve him with a two year prison sentence, the maximum punishment for the offence of criminal defamation. “The least the trial judge was expected to do …

Rahul Gandhi Defamation Case: Guj HC Upholds Sessions Court Order Denying Stay on Conviction
1 year, 8 months ago

Rahul Gandhi Defamation Case: Guj HC Upholds Sessions Court Order Denying Stay on Conviction

News 18  

In a significant setback for Rahul Gandhi, the Gujarat High Court has upheld the order of the Sessions Court denying a stay on his conviction in the Modi surname defamation case. Following Rahul Gandhi’s conviction in the Purnesh Modi case in Surat, additional defamation cases were filed against him, including one by Rajya Sabha MP Sushil Kumar Modi. On July …

Modi Surname Case: Setback for Rahul Gandhi as Gujarat HC Rejects Plea for Stay on Conviction
1 year, 8 months ago

Modi Surname Case: Setback for Rahul Gandhi as Gujarat HC Rejects Plea for Stay on Conviction

News 18  

In big setback for Rahul Gandhi, the Gujarat High Court has upheld the sessions court order in the plea seeking a stay on his conviction in a criminal defamation case related to his remark about the Modi surname. While dismissing the plea, Justice Hemant Prachchhak noted that Gandhi is already facing 10 cases across India, adding the order of the …

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused
1 year, 8 months ago

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused

Live Law  

While setting aside a rape conviction handed down 17 years ago, the Jammu & Kashmir and Ladakh High Court highlighted a crucial failure on the part of the Trial Court to adhere to the mandatory procedure outlined in Section 313 of the Criminal Procedure Code. It emphasized that convicting the appellant-accused solely based on incriminating evidence, without providing an opportunity …

Rajasthan High Court Sets Aside Conviction Of Six In Dacoity Case Over 21 Years After Trial Court Verdict
1 year, 9 months ago

Rajasthan High Court Sets Aside Conviction Of Six In Dacoity Case Over 21 Years After Trial Court Verdict

Live Law  

Nearly 23 years after the case was registered, the Rajasthan High Court recently set aside the conviction under Section 395 of IPC of six accused persons including one deceased person on the ground that the prosecution evidence on record was not sufficient enough to substantiate the charge alleged against the accused persons. The single judge bench of Justice Farjand Ali …

Supreme Court seeks original records from Bihar govt on remission granted to former MP Anand Mohan
1 year, 10 months ago

Supreme Court seeks original records from Bihar govt on remission granted to former MP Anand Mohan

Hindustan Times  

The Supreme Court on Friday directed the Bihar government to produce complete original records with regard to the remission granted to former MP Anand Mohan, who was serving life term in the 1994 murder case of then Gopalganj District Magistrate G Krishnaiah. The Supreme Court A bench of Justices Surya Kant and JB Pardiwala told advocate Manish Kumar, appearing for …

Mere Protraction Of Trial Or Delay In Hearing Of Appeal By Itself Not Ground To Reduce Sentence: Jammu & Kashmir High Court
1 year, 10 months ago

Mere Protraction Of Trial Or Delay In Hearing Of Appeal By Itself Not Ground To Reduce Sentence: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed mere protraction of trial or delay in deciding the appeal cannot be considered as a valid reason for reducing the sentence, especially when the appellant has been granted interim bail during the appeal process. A single bench of Justice Sanjay Dhar has while referring to Stat of Rajasthan vs. Banwari …

Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat High Court
1 year, 10 months ago

Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat High Court

Live Law  

While allowing a leave to appeal against acquittal in a criminal case under Section 138 of the N.I. Act, the Gujarat High Court said the Magistrate's approach in shifting the burden upon the complainant to prove his case beyond reasonable doubt was not proper “when the accused has chosen not to question the financial capacity of complainant at very first …

'You don't deserve sympathy; better enjoy being in jail': Supreme Court to former CMD of Amrapali Group
1 year, 10 months ago

'You don't deserve sympathy; better enjoy being in jail': Supreme Court to former CMD of Amrapali Group

India TV News  

New Delhi: The Supreme Court on Friday dismissed the bail plea of Anil Kumar Sharma, the former CMD of Amrapali Group, saying he cheated thousands of homebuyers and he did not deserve any sympathy. The former CMD of the real estate group and other directors of the firm were arrested on the direction of the top court after the forensic …

Gujarat HC judge recuses from hearing Rahul Gandhi’s plea against defamation case
1 year, 11 months ago

Gujarat HC judge recuses from hearing Rahul Gandhi’s plea against defamation case

Hindustan Times  

A Gujarat high court judge on Wednesday recused herself from hearing Congress leader Rahul Gandhi’s appeal challenging the order of a Surat court which declined to stay his conviction in a 2019 defamation case last week. “When the matter came up for hearing in the second half today, justice Gita Gopi, in whose court the matter was listed, said, ‘not …

Rahul Gandhi Case: Did Sessions Court Miss an Opportunity to Right a Wrong?
1 year, 11 months ago

Rahul Gandhi Case: Did Sessions Court Miss an Opportunity to Right a Wrong?

The Quint  

The sessions judge also placed reliance on the apex court judgment in Naranbhai Bhikhabhai Kachchadia vs State of Gujarat, pronounced by a bench of Justices Lokur and NV Ramana. In this case, the apex court quashed the proceedings against Bharatiya Janata Party MP Kachhadia, but as per Purnesh Modi’s counsel: “while allowing appeal had not disturbed or quashed the finding …

Rahul Gandhi defamation case: Surat sessions court reserves verdict on plea
1 year, 11 months ago

Rahul Gandhi defamation case: Surat sessions court reserves verdict on plea

Live Mint  

A Surat Sessions Court, while hearing an appeal seeking stay on Congress leader Rahul Gandhi's conviction by the Magistrate court in the criminal defamation case against him has reserved it verdict, saying the order will be pronounced on April 20, reported Bar and Bench. According to the report, before reserving verdict in the matter, Judge Robin Mogera heard Gandhi and …

Data Shows Over 7 Lakh Cases Pending Due To Non Availability Of Counsel In Bihar; Patna High Court Calls Figures Alarming, Seeks Verified Data
2 years, 1 month ago

Data Shows Over 7 Lakh Cases Pending Due To Non Availability Of Counsel In Bihar; Patna High Court Calls Figures Alarming, Seeks Verified Data

Live Law  

The Patna High Court on Friday issued a slew of directions while hearing a Public Interest Litigation dealing with the issue of effective implementation of Chapter XXI-A of the Cr.P.C that pertains to the disposal of the criminal cases through ‘plea bargaining’. The division bench of the Acting Chief Justice Chakradhari Sharan Singh and Justice Partha Sarthy directed the Member …

‘Lawyers In Criminal Courts Absolute Necessity, Not Luxury’: Delhi High Court Acquits Man Who Faced Trial Without Any Legal Aid
2 years, 2 months ago

‘Lawyers In Criminal Courts Absolute Necessity, Not Luxury’: Delhi High Court Acquits Man Who Faced Trial Without Any Legal Aid

Live Law  

Calling it a classic case where canons of justice were kept aside by trial court as the accused wasn't provided any effective legal aid, the Delhi High Court has acquitted a man in a case of preparation for committing dacoity. "Considering the overall facts and circumstances of the case, this Court’s judicial conscience does not permit to now remand back …

Supreme Court Monthly Criminal Digest-October 2022
2 years, 4 months ago

Supreme Court Monthly Criminal Digest-October 2022

Live Law  

Code of Criminal Procedure, 1973; Section 173, 156, 190 - Where the Magistrate is of the opinion that the result of investigation in the form of report filed before him is not satisfactory, he may also order investigation in terms of Sections 156 and/or 173 CrPC or he may straightway take cognizance under Section 190 CrPC. Mukesh Singh v. State …

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court
2 years, 7 months ago

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court

Live Law  

The Patna High Court recently observed that victim of a crime has absolute right to prefer an appeal against the order of acquittal and is not required to even seek leave to appeal, unlike a complainant. The observation came from a division bench of Justice Khatim Reza and Justice Chakradhari Sharan Singh: "A victim has absolute right to prefer an …

Supreme Court Stays Patna HC Judgment Which Allowed Elected Persons Disqualified For Having More Than 2 Children To Continue As Panchayat Members
2 years, 8 months ago

Supreme Court Stays Patna HC Judgment Which Allowed Elected Persons Disqualified For Having More Than 2 Children To Continue As Panchayat Members

Live Law  

The Supreme Court recently issued notice in s Special Leave Petition assailing Patna High Court's order allowing three elected persons who were disqualified by the State Election Commission for having more than two children to continue to participate as members of Panchayat. In the present matter, the petitioner had preferred a complaint before the State Election Commission alleging that Saryug …

False Rape Case: Madhya Pradesh High Court Says Prosecutrix Must Be Asked To Refund Compensation Paid By State
2 years, 10 months ago

False Rape Case: Madhya Pradesh High Court Says Prosecutrix Must Be Asked To Refund Compensation Paid By State

Live Law  

The Madhya Pradesh High Court recently directed the trial court to issue direction against the Prosecutrix in a rape case to refund the compensation she had received from the State Government because she had admitted in her statement that she had lodged a false report against the accused. Deciding the bail application moved by the Applicant/accused, Justice Vivek Agarwal observed- …

Breaking: MP High Court Acquits Man Wrongly Convicted For Murder And Imprisoned For 13 Years, Directs State To Pay Him Rs. 42 Lakhs For Malicious Investigation
2 years, 10 months ago

Breaking: MP High Court Acquits Man Wrongly Convicted For Murder And Imprisoned For 13 Years, Directs State To Pay Him Rs. 42 Lakhs For Malicious Investigation

Live Law  

The High Court of Madhya Pradesh recently set aside the conviction of a man for murder and further directed the State to pay him compensation worth Rs. Considering the facts of the case, the Court held that the police was outrightly partisan in its investigation and that it did not investigate the offence from the standpoint of the Appellant at …

Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022
2 years, 11 months ago

Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

Patna High Court Grants Bail To Advocate Accused Of Making Abusive Social Media Posts Against CJI, HC Judges
3 years ago

Patna High Court Grants Bail To Advocate Accused Of Making Abusive Social Media Posts Against CJI, HC Judges

Live Law  

The Patna High Court on Friday granted bail to an advocate who has been accused of posting several scandalous, shocking, and derogatory posts tarnishing the image of the judiciary. Essentially, an FIR against the Advocate/Bail Applicant Dinesh had been registered on the direction of the Patna HC after Justice Sandeep Kumar had found that the bail applicant was involved in …

Advocate, His Wife Allegedly Withdraw Over 10 Lakh From Client's Account Dishonestly: Patna High Court Refuses Bail To Advocate
3 years, 4 months ago

Advocate, His Wife Allegedly Withdraw Over 10 Lakh From Client's Account Dishonestly: Patna High Court Refuses Bail To Advocate

Live Law  

The Patna High Court on Wednesday denied bail to an Advocate who, along with his wife, has been accused of dishonestly withdrawing over 10 lakh money which belonged to his clients as compensation money on account of the death of their only son.The Bench of Justice Rajeev Ranjan Prasad denied him bail as it noted that the Advocate had allegedly …

"Can't Permit Accused To Engage Lawyer On Prosecutrix's Behalf": MP HC Denies Bail To Man Whose Counsel Had Victim's Vakalatnama
3 years, 6 months ago

"Can't Permit Accused To Engage Lawyer On Prosecutrix's Behalf": MP HC Denies Bail To Man Whose Counsel Had Victim's Vakalatnama

Live Law  

Underscoring that the accused can't be permitted to engage Lawyer on behalf of the prosecutrix, the Madhya Pradesh High Court recently denied bail to a rape accused whose lawyer was having the Vakalatnama of the victim. Further, when the court insisted the Counsel as to whether there is any document to show that the talks of the marriage of the …

Trial Court "Failed In Its Duty" To Refer Rape Victim To Compensation Scheme: Delhi HC Directs DSLSA To Award Compensation
3 years, 7 months ago

Trial Court "Failed In Its Duty" To Refer Rape Victim To Compensation Scheme: Delhi HC Directs DSLSA To Award Compensation

Live Law  

The Delhi High Court on Thursday upheld the order of conviction and sentence of a man for the offences of rape and stalking, after observing that the prosecutrix's testimony not only inspired confidence but was reliable, consistent and admissible.It noted however, that the Trial Court "failed in its duty" to refer the victim to the Delhi Victims Compensation Scheme, 2018 …

"Example Of How Not To Write A Judgment": Patna High Court Sets Aside Death Sentence In Dowry Death Case
3 years, 9 months ago

"Example Of How Not To Write A Judgment": Patna High Court Sets Aside Death Sentence In Dowry Death Case

Live Law  

Of what was observed as the "example of how not to write a judgment", the Patna High Court has set aside the reference order of the trial court for confirmation of death sentence in connection with a dowry death case.Observing that the Trial Court ought to have avoided the "sweeping and disparaging remarks" made in its judgment regarding the conduct …

Determination Of Culprit Not Relevant For Granting Compensation; State Bound To Protect Lives Of Citizens: Patna High Court
3 years, 11 months ago

Determination Of Culprit Not Relevant For Granting Compensation; State Bound To Protect Lives Of Citizens: Patna High Court

Live Law  

Holding that the State has a duty to protect the life of its citizens, the Patna High Court on Wednesday granted Rs. The order stated, "The State had a responsibility to safeguard the life of a citizen…Whether son of the petitioner died as a result of firing by police or by any miscreants from the mob would not be relevant …

'Compensate Rape Accused Acquitted After 20 Yrs': BJP Leader Kapil Mishra Moves Supreme Court Seeking Mechanism To Deal With False Criminal Cases
4 years ago

'Compensate Rape Accused Acquitted After 20 Yrs': BJP Leader Kapil Mishra Moves Supreme Court Seeking Mechanism To Deal With False Criminal Cases

Live Law  

Bhartiya Janata Party leader Kapil Mishra has moved Supreme Court by way of filing a Public Interest Litigation seeking 'adequate compensation' for Vishnu Tiwari, a rape accused, who was recently acquitted by Allahabad High Court after spending 20 years In Jail. Importantly, the plea states, "The law is being misused and abused by filing fake and malicious complaints and no …

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