Make It Mandatory For Candidates To File Documents Supporting Affidavit On Criminal Offences Before Elections: Petition In SC; Notice Issued [Read Petition]
7 years, 6 months ago

Make It Mandatory For Candidates To File Documents Supporting Affidavit On Criminal Offences Before Elections: Petition In SC; Notice Issued [Read Petition]

Live Law  

The Supreme Court, on Friday, issued notice to the Centre and the Election Commission of India on a Petition seeking greater transparency in election process by making it mandatory for candidates to furnish documents along with an affidavit on information relating to criminal offences.A Bench led by Chief Justice Dipak Misra directed the respondents to file a response within four weeks. The Supreme Court, on Friday, issued notice to the Centre and the Election Commission of India on a Petition seeking greater transparency in election process by making it mandatory for candidates to furnish documents along with an affidavit on information relating to criminal offences. It further states, “Despite the attempt of this Hon’ble Court to ensure transparency in the process of election and to make it mandatory for a candidate to disclose the information relating to criminal offences, liabilities and educational qualification, there is a complete void in the statutory mechanism to even have a prima facie verification of the contents of the affidavit submitted by the candidate.” The Petition then goes on to list the following questions of law for consideration by the Court: “Whether the directions contained in Para 48 of the judgment of this Hon’ble Court in the ADR case would render futile if concerned candidate is not mandated to furnish supporting document in relation to the affidavit filed by him? Whether the directions sought for in the writ petition filed before the Hon’ble High Court were essential and in furtherance of the objectives of the free and fair elections and ensuring transparency and openness in the electoral process?” Read the Petition Here

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History of this topic

Only Election Commission has right to register complaint against candidate for filing false affidavit: Karnataka High Court
2 weeks, 1 day ago

Only Election Commission has right to register complaint against candidate for filing false affidavit: Karnataka High Court

The Hindu  

Only the Election Commission has the right to register a complaint for the offence under Section 125A of the Representation of the People Act, 1951, for filing a false affidavit by the candidate while filing nomination papers to contest elections, the High Court of Karnataka has ruled. “Section 195 of the Code of Criminal Procedure mandates that no court shall …

Punjab & Haryana HC Finds 'Fabricated' Document On Voting Details Attached In Plea Challenging Election Tribunal's Order, Directs Enquiry
2 weeks, 3 days ago

Punjab & Haryana HC Finds 'Fabricated' Document On Voting Details Attached In Plea Challenging Election Tribunal's Order, Directs Enquiry

Live Law  

Taking strong exception to the attachment of a fabricated RTI document pertaining to the voting details of Punjab's Sarpanch Election by the elected candidate, the Punjab & Haryana High Court has directed an inquiry by the Deputy Commissioner of the district. After comparing the document with original copy, the Court noted that, "it is apparent that in the face of …

CS Santhi Kumari seeks four weeks time from HC over report on Bhoodan lands
1 month, 2 weeks ago

CS Santhi Kumari seeks four weeks time from HC over report on Bhoodan lands

The Hindu  

Chief Secretary A. Santhi Kumari requested the Telangana High Court to grant four weeks to present a comprehensive report over alleged allotment of Bhoodan lands by IAS officer D. Amoy Kumar to private persons in violation of rules. In an affidavit filed before the bench of Justice C.V. Bhaskar Reddy, the CS stated that already a suo moto inquiry into …

Supreme Court Issues Notice On RTI Activist's Plea Challenging Amendment To Election Rules Restricting Public Disclosure Of Poll Records
1 month, 3 weeks ago

Supreme Court Issues Notice On RTI Activist's Plea Challenging Amendment To Election Rules Restricting Public Disclosure Of Poll Records

Live Law  

The Supreme issued notice to the Union Government and the Election Commission of India in a petition challenging the amendments to the Conduct of Elections Rules, 1961 which seeks to restrict people's right to access election related records. The bench comprising CJI Sanjiv Khanna and Justice Sanjay Kumar issued notice in the petition tagged it with the similarly pending challenge …

Bombay High Court Calls For Affidavit From State On Steps Taken To Fill Administrative Vacancies In Motor Accident Claims Tribunal
2 months ago

Bombay High Court Calls For Affidavit From State On Steps Taken To Fill Administrative Vacancies In Motor Accident Claims Tribunal

Live Law  

The Bombay High Court has directed the State government to file an affidavit on the steps being taken by it to fill up the administrative vacancies in the Motor Accident Claims Tribunal, Mumbai. A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre was hearing the Bar Association Of Motor Accident Claims Tribunal Mumbai's petition filed in 2022 …

Gujarat High Court Directs Inquiry Over Affidavits Notarised Without Parawise Oath Of Deponent
2 months ago

Gujarat High Court Directs Inquiry Over Affidavits Notarised Without Parawise Oath Of Deponent

Live Law  

The Gujarat High Court on Thursday directed the Principal District Judge, Surat to inquire into the notarisation of two affidavits–filed to bring on record the heirs of an individual on record–and to ask the notary to explain the manner in which the affidavits were notarised in the absence of para-wise oath of the deponent. A division bench of Chief Justice …

When will you frame witness protection scheme under BNSS, Madras HC asks T.N. govt.
2 months ago

When will you frame witness protection scheme under BNSS, Madras HC asks T.N. govt.

The Hindu  

The Madras High Court has directed the Home Secretary and Director General of Police to explain the enormous delay of nearly 10 years by the Tamil Nadu police in completing investigations, even in murder cases. On finding that almost all the criminal cases, including one for the charge of murder, against the detainee were still under investigation, despite them having …

Staying Criminal Proceedings Pending For 34 Yrs, Allahabad HC Seeks Affidavit From UP Govt Official On State's Litigation Policy
2 months, 2 weeks ago

Staying Criminal Proceedings Pending For 34 Yrs, Allahabad HC Seeks Affidavit From UP Govt Official On State's Litigation Policy

Live Law  

On Friday, the Allahabad High Court stayed the entire criminal proceedings in a 34-year-old case against a man accused of rioting, taking into account the inordinate delay caused by the State/prosecution in concluding the case. A bench of Justice Saurabh Lavania also directed the Uttar Pradesh government's Director General and Additional Chief Secretary to file their personal affidavits regarding the …

Congress files plea in Supreme Court against amendments to election rules
Top News
3 months ago

Congress files plea in Supreme Court against amendments to election rules

The Hindu  

The Congress on Tuesday filed a writ petition in the Supreme Court challenging the recent amendments to the Conduct of Election Rules, 1961 and expressed hope that the apex court will help restore the "fast eroding" integrity of the electoral process. The government has tweaked an election rule to prevent public inspection of certain electronic documents such as CCTV camera …

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court
3 months, 2 weeks ago

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court

Live Law  

The Allahabad High Court has held that an assessee cannot file for the supply of requisite documents after the adjudicating body has accepted the plea placed by them and issued notice pursuant to it. Petitioner replied stating that the discrepancies pointed out were lesser than the amount calculated in the notice and filed the requisite documents. High Court Verdict The …

Punjab & Haryana High Court Dismisses Plea Challenging 2019 Election Of Shiromani Akali Dal's Sukhbir Singh Badal To Lok Sabha
3 months, 2 weeks ago

Punjab & Haryana High Court Dismisses Plea Challenging 2019 Election Of Shiromani Akali Dal's Sukhbir Singh Badal To Lok Sabha

Live Law  

The Punjab and Haryana High Court has dismissed a petition challenging the Shiromani Akali Dal leader and MP Sukhbir Singh Badal's election in 2019 general elections, noting that an election petition cannot be entertained based on vague averments. Therefore, in the absence of material facts regarding non-furnishing of complete particulars in Form 26, the charge is unsustainable.” The Court further …

Provide Documents Relating To Haryana Assembly Election To Mehmood Pracha: Punjab and Haryana High Court Directs ECI
3 months, 2 weeks ago

Provide Documents Relating To Haryana Assembly Election To Mehmood Pracha: Punjab and Haryana High Court Directs ECI

Live Law  

The Punjab and Haryana High Court on Monday directed the Election Commission of India to provide required documents of Haryana Assembly Elections to Advocate Mehmood Pracha.Justice Vinod S. Bhardwaj in his order said, "Taking into the consideration the provisions of the Conduct of Election Rules, 1961, the respondents are directed to supply the copy of the requisite. The Punjab and …

Procedure Under CPC For Affixing Copy Of Summons On Door/Conspicuous Part Of Defendant's House Mandatory Not Directory: Karnataka High Court
3 months, 2 weeks ago

Procedure Under CPC For Affixing Copy Of Summons On Door/Conspicuous Part Of Defendant's House Mandatory Not Directory: Karnataka High Court

Live Law  

The Karnataka High Court has held that the procedure of affixing a copy of the summons on the outer door or some other conspicuous part of the housein which the defendant ordinarily resides under Order V Rule 17 CPC, if he is not available to receive it, is a mandatory procedure and not a directory procedure. The court said “The …

Discrepancy In Document Submission, Rajasthan High Court Directs To Accept Based On Merit Of Candidate
3 months, 3 weeks ago

Discrepancy In Document Submission, Rajasthan High Court Directs To Accept Based On Merit Of Candidate

Live Law  

A Single Judge Bench of Justice Sameer Jain of the Rajasthan High Court observed that the merit of a candidate is a cardinal factor in determining the eligibility for admission. On the other hand, the Counsel for the Respondent stated that the Petitioners were informed well in time that it was mandatory to furnish Class XI mark-sheet along with the …

'Candidate Cannot Produce Documents At Document Verification Stage', Delhi High Court Dismisses Petition
4 months ago

'Candidate Cannot Produce Documents At Document Verification Stage', Delhi High Court Dismisses Petition

Live Law  

A Division Bench of Delhi High court comprising Justices Navin Chawla and Shalinder Kaur dismissed a Petition of a candidate seeking to set aside the rejection of his candidature due to having produced an experience certificate at the stage of document verification. The Counsel contended further that the Respondents could have assessed the authenticity of the new experience certificate produced …

'Candidate Cannot Produce Documents At Document Verification Stage', Delhi High Court Dismisses Petition
4 months ago

'Candidate Cannot Produce Documents At Document Verification Stage', Delhi High Court Dismisses Petition

Live Law  

A Division Bench of Delhi High court comprising Justices Navin Chawla and Shalinder Kaur dismissed a Petition of a candidate seeking to set aside the rejection of his candidature due to having produced an experience certificate at the stage of document verification. The Counsel contended further that the Respondents could have assessed the authenticity of the new experience certificate produced …

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court
4 months, 1 week ago

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court

Live Law  

The Bombay High Court recently clarified that writ courts shall not trench upon an alternate remedy provided by statute for granting any relief, by assuming jurisdiction under Article 226 of the Constitution. Similarly, writ courts shall not act as a court of appeal against the decision of the lower court or Tribunals, to correct errors of fact, observed the Division …

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates
4 months, 1 week ago

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that a person filing a private complaint before the Magistrate court has to file a sworn affidavit in support of the complaint. A Single judge, Justice Mohammad Nawaz, held thus while allowing a petition filed by Parvati Sharanappa and another person and quashed the FIR and private complaint initiated by Rayappa Jangali against them …

Supreme Court Seeks Explanation From Registry On Why Counter Affidavit Filed By Non-Party Was Accepted
Trending News
4 months, 1 week ago

Supreme Court Seeks Explanation From Registry On Why Counter Affidavit Filed By Non-Party Was Accepted

Live Law  

The Supreme Court on November 14 sought an explanation from the Registrar how a party was able to file a counter-affidavit when its application seeking impleadment was not allowed by the Court. A bench of Justices Bela M. Trivedi and Satish Chandra Sharma was hearing a Special Leave Petition filed against the May 17 order of the Punjab & Haryana …

Supreme Court stays proceedings on election petition against AAP's Durgesh Pathak
4 months, 2 weeks ago

Supreme Court stays proceedings on election petition against AAP's Durgesh Pathak

India Today  

The Supreme Court on Thursday issued a notice on a plea filed by Aam Aadmi Party leader Durgesh Pathak, in which he sought quashing of an election petition that challenged his victory in the 2022 Delhi Assembly bypoll. Providing relief to the AAP MLA from Delhi's Rajinder Nagar, the court also, in the interim, stayed further proceedings in the election …

[Maharashtra Elections] Court Can Interfere In Electoral Process Only To Progress And Further It: HC Denies Relief To Candidate Over Rejected Nomination
Trending News
4 months, 2 weeks ago

[Maharashtra Elections] Court Can Interfere In Electoral Process Only To Progress And Further It: HC Denies Relief To Candidate Over Rejected Nomination

Live Law  

The Bombay High Court last week held that the High Courts do have 'jurisdiction' and 'power' to interfere in the electoral process but the same must be exercised only to further the process or progress of the elections.A division bench of Justices Arif Doctor and Somasekhar Sundaresan, which was presiding over a vacation court on November 6, refused to grant …

Election Tribunal's Discretion Under Rajasthan Panchayati Raj Rules To Appoint Commissioner For Recording Evidence Is Enabling: High Court
4 months, 2 weeks ago

Election Tribunal's Discretion Under Rajasthan Panchayati Raj Rules To Appoint Commissioner For Recording Evidence Is Enabling: High Court

Live Law  

The Jodhpur bench of the Rajasthan High Court ruled that Rule 85 of the Rajasthan Panchayati Raj Rules, did not prohibit the Election Tribunal from appointing a Court Commissioner for examining a witness because the discretion provided in proviso to the Rule made the provision enabling and not prohibitory. A single judge bench of Justice Kuldeep Mathur in its order …

SC asks Centre to apprise about compliance of 2021 verdict on welfare measures for migrant workers
6 months, 3 weeks ago

SC asks Centre to apprise about compliance of 2021 verdict on welfare measures for migrant workers

The Hindu  

The Supreme Court on Monday asked the Centre to file an affidavit giving details about compliance of its 2021 judgement and subsequent directions on providing ration cards and other welfare measures to the migrant workers. The Supreme Court, in June 29, 2021 judgement and subsequent orders, had passed a slew of directions to the authorities asking them to undertake welfare …

Plea seeking directions to EC to release total voter turnout data: SC prefers 'hands-off approach'
10 months ago

Plea seeking directions to EC to release total voter turnout data: SC prefers 'hands-off approach'

New Indian Express  

NEW DELHI: The Supreme Court on Friday adjourned an application seeking directions to the Election Commission of India to publish the booth-wise absolute numbers of voter turnout and upload the form 17C records of votes polled on its website. While declining to pass any order on the plea of ADR and Mahua Moitra, a Vacation Bench of the top court, …

Affidavit Necessary With Application U/S 156(3) CrPC, Magistrate Should Be Vigilant In Accepting Applications In Matrimonial/Family Disputes: Kerala High Court
10 months ago

Affidavit Necessary With Application U/S 156(3) CrPC, Magistrate Should Be Vigilant In Accepting Applications In Matrimonial/Family Disputes: Kerala High Court

Live Law  

The Kerala High Court relying upon the Apex Court decision in Priyanka Srivastava & Anr. The Court held thus: “Where applications under Section 156 of Code of Criminal Procedure are to be supported by an affidavit duly sworn by the complainant who seeks the invocation of the jurisdiction of the Magistrate. 3) Prior to the filing of a petition under …

Kejriwal's legal team complains against ED's affidavit to SC registry
10 months, 2 weeks ago

Kejriwal's legal team complains against ED's affidavit to SC registry

New Indian Express  

NEW DELHI: The legal team of Delhi Chief Minister and AAP National Convenor Arvind Kejriwal on Thursday raised objection to the affidavit filed by the Enforcement Directorate opposing his interim bail in the Supreme Court. Denouncing the ED's affidavit as a blatant disregard of legal procedures, the release said the affidavit was submitted without taking the SC's approval and issued …

Following Supreme Court's Direction, Allahabad HC Enables E-Filing Facilities For Litigants 'In Person' At UP District Courts
11 months ago

Following Supreme Court's Direction, Allahabad HC Enables E-Filing Facilities For Litigants 'In Person' At UP District Courts

Live Law  

In a communication addressed to all the District Judges in the State of Uttar Pradesh, the Registrar General of the Allahabad High Court on Tuesday enabled e-filing for litigants 'in-person' through the e-Sewa Kendras of the District Courts of Uttar Pradesh to maximize the utilization of the eSewa Kendras. It may be noted that on 18 October 2023, the Registrar …

Electoral Bonds Case : Supreme Court Constitution Bench To Hear Tomorrow ECI's Plea For Return Of Sealed Cover Boxes
1 year ago

Electoral Bonds Case : Supreme Court Constitution Bench To Hear Tomorrow ECI's Plea For Return Of Sealed Cover Boxes

Live Law  

The Constitution Bench of the Supreme Court which decided the Electoral Bonds case will sit tomorrow at 10.30 AM to hear an application filed by the Election Commission of India.On March 11, while directing the State Bank of India to disclose the electoral bonds data to the ECI by March 12, the Supreme Court had also directed the ECI to …

Affidavit Necessary With Application Under S.156(3) CrPC; Directions In 'Priyanka Srivastava v. State of UP' Mandatory: Supreme Court
1 year ago

Affidavit Necessary With Application Under S.156(3) CrPC; Directions In 'Priyanka Srivastava v. State of UP' Mandatory: Supreme Court

Live Law  

The Supreme Court, in its recent order, has stated that the directions passed by it in the decision of Mrs. Priyanka Srivastava & Anr. 6 SCC 287, are mandatory.The Division bench of Justices Sanjiv Khanna and Dipankar Datta was hearing a criminal appeal arising from the Telangana High Court's order. The Division bench of Justices Sanjiv Khanna and Dipankar Datta …

Madras High Court calls for details of cases pending against all MPs/MLAs across Tamil Nadu
1 year, 3 months ago

Madras High Court calls for details of cases pending against all MPs/MLAs across Tamil Nadu

The Hindu  

The Madras High Court on Monday directed the State government to submit complete details regarding the number of criminal cases pending against MPs and MLAs in the State, the courts in which they are pending and the stage of the proceedings before those courts. First Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy asked Advocate …

Technical Deficiencies, Including Pagination And Affidavit Attestation, Do Not Render Section 34 Under A&C Act Non-Est: Delhi High Court
1 year, 3 months ago

Technical Deficiencies, Including Pagination And Affidavit Attestation, Do Not Render Section 34 Under A&C Act Non-Est: Delhi High Court

Live Law  

The High Court of Delhi has held that technical deficiencies, including pagination and affidavit attestation, do not invalidate petitions under Section 34 of the A&C Act. Subsequently, on 10.07.2019, the petitioner refiled the petition, encountering objections from the Registry, including pagination concerns, jurisdictional matters, and the attestation of affidavits. Registry objections were deemed procedural and curable, and the non-removal within …

Provide Form For Candidates To Disclose Pending Criminal Cases During Nomination Process: Karnataka High Court To State Election Commission
1 year, 3 months ago

Provide Form For Candidates To Disclose Pending Criminal Cases During Nomination Process: Karnataka High Court To State Election Commission

Live Law  

The Karnataka High Court has directed the State Election Commission and other Agencies associated with the election process to implement directions given by the Apex Court pertaining to providing a form in which the contesting candidates are to declare their involvement in pending criminal cases, if any. The petitioner's election had been annulled by the Election Tribunal on the ground …

TS HC Dismisses Petition Alleging Suppression of FIR Information by Srinivas Goud
1 year, 4 months ago

TS HC Dismisses Petition Alleging Suppression of FIR Information by Srinivas Goud

Deccan Chronicle  

HYDERABAD: A division bench of Telangana High Court comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti on Friday dismissed a writ petition filed by Chaluvagali Raghavendra Raju, complainant before the returning officer of Mahbubnagar, claiming that minister V. Srinivas Goud had suppressed information pertaining to an FIR registered against him in his election affidavid. A case was registered …

UP Urban Buildings Act | Affidavit Submitted To Court 'Conclusive Evidence' In Subsequent Proceedings Related To That Controversy: Allahabad HC
1 year, 6 months ago

UP Urban Buildings Act | Affidavit Submitted To Court 'Conclusive Evidence' In Subsequent Proceedings Related To That Controversy: Allahabad HC

Live Law  

Relying on various Supreme Court judgments, a bench comprising of Justice Neeraj Tiwari said, “ In light of Section 12 of U.P. 13 of 1972 as well as law laid down by the Apex Court and this Court, I am of the firm view that any affidavit given before any Court of law be read as conclusive evidence in subsequent …

Election officers facing criminal cases due to Ministers affidavit approach HC
1 year, 7 months ago

Election officers facing criminal cases due to Ministers affidavit approach HC

Deccan Chronicle  

HYDERABAD: Election officers of the Mahbubnagar Assembly constituency for the 2018 polls on Friday approached the Telangana High Court with a request to quash the criminal cases lodged against them in relation to the election affidavit against minister V. Srinivas Goud. The police, under court order, have booked IAS officers Ronald Rose and S. Venkat Rao, revenue divisional officers J. …

Election Violence: Calcutta High Court Finds Similarities In Voter's PIL And Petition Filed By Prospective Candidates, Says It's Prima Facie A 'Set Up'
1 year, 9 months ago

Election Violence: Calcutta High Court Finds Similarities In Voter's PIL And Petition Filed By Prospective Candidates, Says It's Prima Facie A 'Set Up'

Live Law  

A Calcutta High Court division bench of Chief Justice Sivagnaman and Justice Ajay Kumar Gupta, on Monday, took exception to the fact that a Public Interest Litigation filed by “independent voters” may have been politically motivated. The voters had complained that the unopposed elections of ruling-party candidates from their block, while stopping the nomination of rival “prospective candidates” took away …

Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court
1 year, 11 months ago

Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that inadvertence on the part of a party to produce a document before the Court cannot be construed as a substantial cause within the meaning of Rule 27 of Order XLI of the Civil Procedure Code to allow application for production of additional documents. Order XLI R 27 of …

Senior Designation: Supreme Court To Commence Hearing Of Plea Seeking Reforms On 22nd February, 2023
2 years, 1 month ago

Senior Designation: Supreme Court To Commence Hearing Of Plea Seeking Reforms On 22nd February, 2023

Live Law  

On Thursday, the Supreme Court indicated that it is to commence with the hearing of the petition filed by Senior Advocate Indira Jaising seeking reforms in the process of designation of Senior Advocate on Wednesday. Senior Advocate, Mr. Vikas Singh appearing for the Supreme Court Bar Association and Senior Advocate, Mr. Aman Lekhi appearing for the Supreme Court Advocate-on-Record Association …

Asking High Court To Set Aside Affidavit Filed By Opposite Party Before Another Forum ‘Preposterous’: Karnataka HC
2 years, 1 month ago

Asking High Court To Set Aside Affidavit Filed By Opposite Party Before Another Forum ‘Preposterous’: Karnataka HC

Live Law  

The Karnataka High Court has termed as ‘preposterous’ a petition filed by one Cheluvraju seeking to declare an affidavit filed by the Government of India before the Central Information Commission in his application, as bad in law. Following the affidavit filed by the Ministry of Housing and Urban Affairs the application made by the petitioner came to be dismissed. However, …

Can't Cure Defect Of Non-Filing Of An Affidavit Supporting Election Plea At Filing Stage By Filing A Subsequent Affidavit: Allahabad HC
2 years, 2 months ago

Can't Cure Defect Of Non-Filing Of An Affidavit Supporting Election Plea At Filing Stage By Filing A Subsequent Affidavit: Allahabad HC

Live Law  

The Allahabad High Court has observed that the defect of non-filing an affidavit in support of an election petition at the stage of filing of an election petition cannot be cured by way of filing the subsequent affidavit. The Court concluded that the Election Tribunal had rightly rejected the election petition at a preliminary stage for the non-compliance of a …

Gujarat High Court Quashes Reassessment Order Citing Inability Of Assessee To Secure Relevant Documents Amid Covid-19 Lockdown
2 years, 2 months ago

Gujarat High Court Quashes Reassessment Order Citing Inability Of Assessee To Secure Relevant Documents Amid Covid-19 Lockdown

Live Law  

The Gujarat High Court recently quashed a reassessment order and final notice of assessment issued against to an assessee after she failed to produce the relevant documents, particularly Form-F prescribed under Gujarat Value Added Tax Act, 2003 amid Covid-19 lockdown.The division bench of Justice Sonia Gokani and Justice Sandeep N. Bhatt allowed the petition under Article 226 of. The Gujarat …

Supreme Court Annual Digest 2022- Indian Evidence Act, 1872
2 years, 2 months ago

Supreme Court Annual Digest 2022- Indian Evidence Act, 1872

Live Law  

Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : 2022 SCALE 135 Evidence Act 1872 - Dying Declaration - When can be relied upon - Conditions - It could thus be seen that the Court is required to …

Non-Attestation Of Affidavit With Section 34 Application; A Procedural Irregularity; Application Valid: Delhi High Court
2 years, 2 months ago

Non-Attestation Of Affidavit With Section 34 Application; A Procedural Irregularity; Application Valid: Delhi High Court

Live Law  

The Delhi High Court has ruled that non-attestation of the affidavit accompanying the application filed under Section 34 of the Arbitration and Conciliation Act, 1996 is a mere procedural irregularity. The petitioner- Raj Kumar Gupta, filed an application under Section 34 of the A&C Act before the Delhi High Court, challenging the arbitral award rendered against it. The Court ruled …

'Petition Seeking Writ Of Quo Warranto Misconceived': SC Dismisses Plea Challenging Appointment Of ITAT Vice Presidents
2 years, 4 months ago

'Petition Seeking Writ Of Quo Warranto Misconceived': SC Dismisses Plea Challenging Appointment Of ITAT Vice Presidents

Live Law  

The Supreme Court upheld the Madras High Court judgment dismissing challenge against appointment of two persons as Vice Presidents of the Income Tax Appellate Tribunal.No recourse to the writ jurisdiction of the High Court to seek a writ of quo warranto could have been taken, the bench of CJI DY Chandrachud and Justices JB Pardiwala observed.Aniruthan, a lawyer, had earlier …

Supreme Court notice to Centre on plea against supply of electoral roll to candidates
2 years, 5 months ago

Supreme Court notice to Centre on plea against supply of electoral roll to candidates

The Hindu  

The Supreme Court has sought response from the Centre and others on a plea challenging certain provisions of the Registration of Electors Rules 1960 by which the Election Commission of India is bound to supply two copies of the electoral roll to every contesting candidate. Lalit and Bela M. Trivedi issued notices to the Centre and the Chief Election Commissioner …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 5 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

Live Law  

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations
2 years, 7 months ago

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations

Live Law  

Evidence Act, 1872 - "Matters" - Matters are necessary, concomitant material factors to prove a fact. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : 2022 SCALE 135 Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : …

S.207 CrPC | Denial Of Chargesheet Material To Accused Results In Unfair Trial: Karnataka High Court
2 years, 7 months ago

S.207 CrPC | Denial Of Chargesheet Material To Accused Results In Unfair Trial: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that a petitioner/accused would become entitled to all copies of the charge sheet material, denial of which would undoubtedly be contrary to the principle of fairness and result in an unfair trial. Mehta had questioned the order of Additional City Civil and Sessions Judge, Bengaluru, only partly allowing his application under Section 207 of …

Assessee Should Be Given Opportunity To Produce Evidence Which Has Impact On Tax Liability : Calcutta High Court
2 years, 9 months ago

Assessee Should Be Given Opportunity To Produce Evidence Which Has Impact On Tax Liability : Calcutta High Court

Live Law  

The Calcutta High Court bench has held that assessees should be given the opportunity to produce evidence which has an impact on tax liability. However, subsequently, the writ petitioner received the document dated August 25, 2021, which impacts the tax liability of the appellant/writ petitioner. The certificate is material evidence which the revisional authority needs to consider in order to …

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

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

Live Law  

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

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