SC Order Extending Limitation Not Cloak For Investigating Agency To Claim Self-Serving Extension Under 167(2) Cr. P. C.': Rajasthan HC [Read Judgment]
4 years, 7 months ago

SC Order Extending Limitation Not Cloak For Investigating Agency To Claim Self-Serving Extension Under 167(2) Cr. P. C.': Rajasthan HC [Read Judgment]

Live Law  

The Rajasthan High Court on Friday rejected the contention that till the lockdown continues, the period prescribed in Section 167 Cr. P. C. stands automatically extended in view of the March 23 order of the Supreme Court, as it has the effect of binding law by virtue of Article 141/142. On March 23, the Apex Court had directed that the period of limitation in all proceedings, irrespective of the limitation prescribed under the general law or Special Laws, whether condonable or not, shall stand extended. "In absence of any clear stipulation in the above referred order of Hon'ble Supreme Court, in my considered opinion, the investigating or prosecuting agency cannot claim self-serving extension, under the pretence or cloak of such order.

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History of this topic

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC
2 weeks ago

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that the High Court is not empowered to condone delay in filing appeal under National Investigation Agency Act beyond 90 days and provision of Section 21 is "mandatory" in nature. Courts creating distinction between appellant under Section 21 of the NIA Act for condoning the delay in preferring an appeal, would absolutely …

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC
2 weeks ago

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that the High Court is not empowered to condone delay in filing appeal under National Investigation Agency Act beyond 90 days and provision of Section 21 is "mandatory" in nature. Courts creating distinction between appellant under Section 21 of the NIA Act for condoning the delay in preferring an appeal, would absolutely …

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court
2 weeks, 5 days ago

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court

Live Law  

The Jharkhand High Court has under Order 23 Rule 2 of the Civil Procedure Code, the limitation period for a fresh suit instituted with court permission applies as if the original suit had never been filed. Order 23 CPC pertains to withdrawal and adjustment of suits wherein Rule 2 states that in any fresh suit instituted on permission granted under …

Order Rejecting Plea For Extension Of Investigation Period From Initial 90 To 180 Days Under UAPA Appealable, Not Interlocutory: Delhi HC
3 weeks, 1 day ago

Order Rejecting Plea For Extension Of Investigation Period From Initial 90 To 180 Days Under UAPA Appealable, Not Interlocutory: Delhi HC

Live Law  

The Delhi High Court has recently held that an order rejecting the application for extension of period of investigation from initial 90 to 180 days under Section 43D of UAPA is an appealable order and not an interlocutory order. A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma said that the finality attached to such an …

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court
1 month, 1 week ago

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court

Live Law  

Rajasthan High Court has ruled that the possibility of disciplinary inquiry taking a long time could not be a reason to invoke Section 19 of the Rajasthan Civil Services Rules, 1958 and do away with the inquiry. Hence, in order to take a quick and effective action, the disciplinary authority dismissed the petitioner from services under Rule 19 to send …

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed
1 month, 3 weeks ago

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed

Live Law  

In a contempt matter concerning encroachment of land, the Jodhpur bench of the Rajasthan High Court directed the petitioner to implead the then concerned Collector, Sub-divisional Officer and Tehsildar to seek their stand, warning them of punishment including "jail sentence" if they don't pay heed to court orders. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri …

Is 90-Day Limitation For Appeal Under Sec.21(5) NIA Act Directory Or Mandatory? Supreme Court To Settle Conflicting Views Of HCs
9 months ago

Is 90-Day Limitation For Appeal Under Sec.21(5) NIA Act Directory Or Mandatory? Supreme Court To Settle Conflicting Views Of HCs

Live Law  

The Supreme Court on Friday agreed to decide the issue whether the upper limit of 90 days prescribed under Section 21 National Investigation Agency Act to file appeal against an order of the trial court is directory or mandatory.The Court noted that there are conflicting opinions rendered by the High Courts on this point.The bench led by CJI DY Chandrachud …

Absence Of Limitation Period Under ID Act Does Not Mandate Court To Entertain Substantially Delayed Claim: Rajasthan High Court
9 months, 1 week ago

Absence Of Limitation Period Under ID Act Does Not Mandate Court To Entertain Substantially Delayed Claim: Rajasthan High Court

Live Law  

A single judge bench of the Rajasthan High Court comprising of Justice Sameer Jain while deciding a Civil Writ Petition in the case of Udai Singh vs Executive Engineer, Irrigation Division Dholpur & Ors. Background Facts Udai Singh filed the present writ petition to challenge the order of the Labour Court vide which his Statement of Claim was dismissed due …

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial
9 months, 3 weeks ago

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial

Live Law  

The Rajasthan High Court has asked the family courts to sparingly grant adjournments during the pendency of divorce petitions, to realise the objective behind Section 21B of the Hindu Marriage Act, 1955. The writ petition was originally filed seeking the court's interference for the expeditious disposal of a petition for dissolution of marriage under Section 13 of the Hindu Marriage …

Bombay High Court Quashes Reassessment Notices Issued Against Godrej For Beyond Limitation Period
10 months, 1 week ago

Bombay High Court Quashes Reassessment Notices Issued Against Godrej For Beyond Limitation Period

Live Law  

The Bombay High Court has quashed the reassessment notices issued against Godrej because the notice was issued beyond the limitation period.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the validity of a notice must be judged on the basis of the law existing as on the date on which the notice is issued under …

S.468 CrPC | Reckoning Date For Limitation Is The Date Of Filing Final Report, Not Registration Of FIR: Madras High Court
11 months, 1 week ago

S.468 CrPC | Reckoning Date For Limitation Is The Date Of Filing Final Report, Not Registration Of FIR: Madras High Court

Live Law  

The Madras High Court has recently held that the reckoning date for calculating the limitation period under Section 469 of CrPC would be from the date of filing of the final report and not the date of registration of FIR. During the hearing, the Additional Public Prosecutor informed the court that in the first case, the final report had been …

Extension Of Limitation Period Under Section 168A Of GST Act; Punjab And Haryana High Court Issues Notice
11 months, 2 weeks ago

Extension Of Limitation Period Under Section 168A Of GST Act; Punjab And Haryana High Court Issues Notice

Live Law  

The Punjab and Haryana High Court has issued a notice to the government in a plea challenging the extension of the limitation period under Section 168A of the GST Act.The bench of Justice G.S. The Punjab and Haryana High Court has issued a notice to the government in a plea challenging the extension of the limitation period under Section 168A …

Statutory Appeal Period Under Customs Act, Appellate Authority Has No Power To Condone Delay: Delhi High Court
1 year, 2 months ago

Statutory Appeal Period Under Customs Act, Appellate Authority Has No Power To Condone Delay: Delhi High Court

Live Law  

The Delhi High Court has held that the appellate authority has no power to allow the appeal to be presented beyond the period of 30 days.The bench of Justice Yashwant Varma and Justice Dharmesh Sharma has relied on the decision of the Supreme Court in the case of Singh Enterprises vs. Commissioner of Central Excise, Jamshedpur & Ors., in which …

Orders Extending Limitation Period During Covid-19 Also Apply To Period Up To Which Delay Can Be Condoned: Supreme Court
1 year, 3 months ago

Orders Extending Limitation Period During Covid-19 Also Apply To Period Up To Which Delay Can Be Condoned: Supreme Court

Live Law  

The Supreme Court on Tuesday set aside an order of the Calcutta High Court that had refused to take on record a written submission on the ground of delay. The Apex Court held that the benefit of the series of orders passed by the Supreme Court in In Re: Cognizance for Extension of Limitation, extending the period of limitation in …

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal
1 year, 4 months ago

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal

The Hindu  

The Supreme Court on Tuesday set aside an order of a Single Judge Bench of the Kerala High Court suspending the conviction of Lok Sabha member in an attempt-to-murder case. ‘Societal interest’ In January, the Single Judge Bench of the High Court had suspended Mr. Faizal’s conviction on the ground that societal interest lay in averting an expensive election. However, …

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court
1 year, 6 months ago

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court

Live Law  

The Rajasthan High Court at Jaipur has reiterated that the inherent powers of the High Court under Section 482 of IPC cannot be invoked to alter or review the final order of a criminal court. does not confer any new powers on the High Court; it only saves the inherent power which the Court possessed before the commencement of the …

Further Detention Invalid If Extension Order For Submitting Final Report Under Section 173 CrPC Itself Is Set Aside: Punjab And Haryana High Court
1 year, 7 months ago

Further Detention Invalid If Extension Order For Submitting Final Report Under Section 173 CrPC Itself Is Set Aside: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that further detention of an accused becomes unlawful if an order granting extension to submit the final report under Section 173 of the Criminal Procedure Code itself is overturned. The Investigating Officer sought an extension of time to submit the report under Section 173 of the CrPC, as the initial 180-day period …

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC
1 year, 8 months ago

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC

Live Law  

“In the exercise of this wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. The Supreme Court held that even when the …

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court
1 year, 8 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law  

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 …

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer
1 year, 9 months ago

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

Live Law  

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations. In …

Madras High Court Issues Guidelines For Extending Limitation Period In Criminal Cases
1 year, 10 months ago

Madras High Court Issues Guidelines For Extending Limitation Period In Criminal Cases

Live Law  

While criticising the manner in which the prosecution had failed to file an application for the extension of limitation while dealing with the FIR related to sexual harassment charges against self styled Godman Shiva Sankar baba, the Madras High Court has laid down certain guidelines with respect to extension of limitation in such cases. The Criminal Revision Petition was filed …

Lakshadweep UT Moves Supreme Court Challenging HC Suspending Conviction Of Mohammed Faizal MP
1 year, 11 months ago

Lakshadweep UT Moves Supreme Court Challenging HC Suspending Conviction Of Mohammed Faizal MP

Live Law  

The Union Territory of Lakshadweep has filed a petition in the Supreme Court challenging the order of the Kerala High Court which suspended the conviction and sentence of Member of Parliament Mohammed Faizal in an attempt to murder case.Solicitor General of India Tushar Mehta mentioned the petition before Chief Justice of India DY Chandrachud for urgent listing, saying that it …

Applicability Of Limitation Act Barred When Special Act Provides For Limitation Period Along With Its Extension: MP High Court Reiterates
2 years, 1 month ago

Applicability Of Limitation Act Barred When Special Act Provides For Limitation Period Along With Its Extension: MP High Court Reiterates

Live Law  

The Madhya Pradesh High Court, Indore Bench recently reiterated that applicability of the Limitation Act would be barred in cases governed by a special Act which provides for the provision of limitation period and its extension. Justice Subodh Abhyankar added that even if the provisions of the Limitation Act are not specifically excluded, its operation would be barred when the …

Breaking: Madhu Lynching Case| Kerala High Court Upholds Special Court Order Cancelling Bail To 11 Accused
2 years, 3 months ago

Breaking: Madhu Lynching Case| Kerala High Court Upholds Special Court Order Cancelling Bail To 11 Accused

Live Law  

The Kerala High Court on Monday dismissed the appeals challenging a Special Court's order cancelling the bail granted to 11 accused persons in case of lynching of a tribal youth in February 2018. The Court in the instant case ascertained that the following important questions arose before it for consideration: Firstly, whether the Court of Session, in the exercise of …

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court
2 years, 4 months ago

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.The bench comprising Justice Sureshwar Thakur observed that if delays in investigations made into the FIR are construed to fall …

Supreme Court Weekly Round Up : May 30 - June 3,2022
2 years, 7 months ago

Supreme Court Weekly Round Up : May 30 - June 3,2022

Live Law  

Supreme Court Judgements Case Title: Levaku Pedda Reddamma vs Gottumukkala Venkata Subbamma | CA 4096 OF 2022 Citation: 2022 LiveLaw 533 The Supreme Court observed that refusing permission to a party in a civil suit to produce additional documents even if there is some delay will lead to denial of justice. As such, the holder of such certificate would be …

[Jodhpur Violence] Rajasthan High Court Grants Interim Protection From Arrests To 3 Accused Persons
2 years, 7 months ago

[Jodhpur Violence] Rajasthan High Court Grants Interim Protection From Arrests To 3 Accused Persons

Live Law  

The Rajasthan High Court has granted interim protection from arrest to three accused persons, namely Hitesh Vyas, Arvind and Khimanshu Gehlot in the recent incident of Jodhpur Violence that took place on 02.05.2022 at Jalori Gate Chouraha, Jodhpur. The court has directed the Investigation Officer to remain present with case diary and CCTV Footage of the incident on the next …

Relevant Date To Compute Limitation Period U/Sec 468 CrPC Is The Date Of Filing Of Complaint Or Date Of Institution Of Prosecution: Supreme Court
2 years, 10 months ago

Relevant Date To Compute Limitation Period U/Sec 468 CrPC Is The Date Of Filing Of Complaint Or Date Of Institution Of Prosecution: Supreme Court

Live Law  

The Supreme Court observed that the relevant date for the purpose of computing the period of limitation under Section 468 CrPC is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance of the offence.Section 468 of the Code of Criminal procedure deals with bar to …

Limitation Period Cannot Be Extended On Equitable Grounds: Supreme Court
2 years, 10 months ago

Limitation Period Cannot Be Extended On Equitable Grounds: Supreme Court

Live Law  

The Supreme Court observed that an application for condonation of delay has to be dismissed if it is found that the delay is not properly explained and that the period of limitation cannot be extended on equitable ground.Otherwise, it would be giving a premium to a person who fails to explain the delay and who is guilty of delay and …

Power Of Judicial Review Under Article 226 Is Basic Feature Of Constitution; Can't Be Curtailed By Any Legislation: Rajasthan High Court
2 years, 11 months ago

Power Of Judicial Review Under Article 226 Is Basic Feature Of Constitution; Can't Be Curtailed By Any Legislation: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that power of judicial review vested in High Courts under Article 226 of the Constitution of India is one of the basic features of the Constitution and any legislation cannot override or curtail such jurisdiction. Furthermore, the court observed that High Courts, while exercising their jurisdiction under Article 226, are duty bound to consider …

SC Orders Extending Period Of Limitation Applicable To Proceedings & Orders Passed Under Payment Of Gratuity Act: Delhi High Court
2 years, 11 months ago

SC Orders Extending Period Of Limitation Applicable To Proceedings & Orders Passed Under Payment Of Gratuity Act: Delhi High Court

Live Law  

The Delhi High Court has clarified that the extension of limitation by the Supreme Court would apply to decisions rendered by the Authorities under the Payment of Gratuity Act, 1972. While hearing an appeal filed against an order of the Appellate Authority which had dismissed an appeal filed by the Petitioner on the ground that the appeal was barred by …

Supreme Court Agrees To Revive Limitation Extension Orders In View Of Rising COVID Cases
2 years, 11 months ago

Supreme Court Agrees To Revive Limitation Extension Orders In View Of Rising COVID Cases

Live Law  

The Supreme Court on Monday agreed to revive the suo motu orders extending the limitation period for filing cases in Courts and Tribunals in view of the rising cases of COVID in the country.A bench comprising the Chief Justice of India NV Ramana, Justice L Nageswara Rao and Justice Surya Kant said that the Court is accepting the request made …

SCAORA Moves Supreme Court Seeking Revival Of Orders Extending Statutory Limitation Period
3 years ago

SCAORA Moves Supreme Court Seeking Revival Of Orders Extending Statutory Limitation Period

Live Law  

Looking at the prevailing situation amid rising number of Covid-19 cases in the country, the Supreme Court Advocates on Record Association has moved an application before the Supreme Court seeking extension of the statutory Limitation Period in respect of judicial and quasi-judicial proceedings. "There has been a sudden and drastic change in the situation with regard to the pandemic, as …

Supreme Court Orders On Extension Of Limitation Not Applicable Where Defendant Was Not Prevented From Filing Written Statement: Delhi High Court
3 years ago

Supreme Court Orders On Extension Of Limitation Not Applicable Where Defendant Was Not Prevented From Filing Written Statement: Delhi High Court

Live Law  

The Delhi High Court has observed that the Supreme Court's orders on extension of limitation will not be applicable in circumstances where the defendant was not prevented from filing written statement. It was on March 23 last year that the Supreme Court extended the limitation period for filing in all courts and tribunals with effect from March 15, 2020, until …

Supreme Court Stays Kerala HC Order Allowing Trial Court Enquiry Against ED Officials Over Alleged Fabrication Of Evidence In Gold Smuggling Case
3 years, 2 months ago

Supreme Court Stays Kerala HC Order Allowing Trial Court Enquiry Against ED Officials Over Alleged Fabrication Of Evidence In Gold Smuggling Case

Live Law  

The Supreme Court on Thursday stayed the Kerala High Court order allowing the trial court to inquire if the ED investigating officers tried to fabricate evidence in the gold smuggling case. The bench of Justices A. M. Khanwilkar, Dinesh Maheshwari and C. T. Ravikumar was hearing ED's SLP against the April order of a Single Judge of the Kerala High …

Supreme Court Disapproves Rajasthan High Court's Restrictions On Power Of Arrest & Listing Of Bail Applications During Lockdown
3 years, 3 months ago

Supreme Court Disapproves Rajasthan High Court's Restrictions On Power Of Arrest & Listing Of Bail Applications During Lockdown

Live Law  

The Supreme Court on Wednesday expressed disapproval of the order of the Rajasthan High Court which had restrained the police from arresting accused persons if they are accused only of offences with maximum sentence up to three years imprisonment till July 17, 2021 in view of the pandemic and lockdown situations. The impugned High Court order passed by a single …

Orissa High Court Extends Life Of Interim Orders Until July 16
3 years, 6 months ago

Orissa High Court Extends Life Of Interim Orders Until July 16

Live Law  

The Orissa High Court on Tuesday extended the interim order passed by the Court on April 29, 2021, till 16th July, 2021.The Orissa High Court on April 29 had said that in view of the orders passed by the Supreme Court in In Re: Cognizance for Extension of Limitation on April 27, the limitation period of filing prescribed under the …

Supreme Court Stays Rajasthan High Court Order Which Restrained Police From Arresting Accused In Cases Where Maximum Sentence Is Up To 3 Years
3 years, 7 months ago

Supreme Court Stays Rajasthan High Court Order Which Restrained Police From Arresting Accused In Cases Where Maximum Sentence Is Up To 3 Years

Live Law  

The Supreme Court on Tuesday stayed the Rajasthan High Court Order which restrained the police from making the arrest of the accused persons, who are charged with an offence where the maximum sentence is up to three years, till 17th July, 2021.The Supreme Court has also stayed the direction of High Court Single Bench which directed The Registrar, Jaipur Bench, …

COVID- Rajasthan HC, Subordinate Courts To Function Through Virtual Mode For 2 More Weeks, Interim Orders & Limitation Period Extended
3 years, 8 months ago

COVID- Rajasthan HC, Subordinate Courts To Function Through Virtual Mode For 2 More Weeks, Interim Orders & Limitation Period Extended

Live Law  

In view of the order of the Rajasthan Government restricting various activities including the closure of work places, commercial establishments and markets from May 4 to May 17, and considering the persisting extreme grave situation, the Rajasthan High Court on Sunday notified that Rajasthan High Court at Jodhpur and Jaipur Bench would continue to function from May 4 to May …

COVID19- Rajasthan High Court To Function Completely Through Virtual Mode For Urgent Matters, Extends Interim Orders, Period Of Limitation
3 years, 8 months ago

COVID19- Rajasthan High Court To Function Completely Through Virtual Mode For Urgent Matters, Extends Interim Orders, Period Of Limitation

Live Law  

In view of the Rajasthan Government extending it's curfew for two more weeks, the Rajasthan High Court on Monday modified its earlier directions by resolving that both the Benches of the High Court shall function completely through virtual mode only for hearing urgent matters instituted in the year 2021 with the exception that any other matter may be taken up. …

BREAKING : Supreme Court Ends Extension Of Limitation; Period From 15.03.2020 To 14.03.2021 Excluded From Limitation Period
3 years, 10 months ago

BREAKING : Supreme Court Ends Extension Of Limitation; Period From 15.03.2020 To 14.03.2021 Excluded From Limitation Period

Live Law  

The Supreme Court on Monday lifted the extension of the limitation period for filing of cases granted by the Court in March last year on account of COVID-19 pandemic and the national lockdown. A bench comprising Chief Justice of India SA Bobde, Justices L Nageswara Rao, and S Ravindra Bhat disposed of the suo moto case with the following directions …

COVID19 : Karnataka High Court Extends Interim Orders Till February 8 For Last Time
3 years, 11 months ago

COVID19 : Karnataka High Court Extends Interim Orders Till February 8 For Last Time

Live Law  

The Karnataka High Court has for the last time extended the interim orders passed by the High Court, all the District Courts, Civil Courts, Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals in the State, as well as the order of closure under Section 4 of the Limitation Act, 1963, till February 8. The bench observed that "Considering …

Can CJM Extend Period Of Investigation For Case Registered Under UAPA?, Punjab & Haryana High Court To Examine [Read Order]
4 years, 2 months ago

Can CJM Extend Period Of Investigation For Case Registered Under UAPA?, Punjab & Haryana High Court To Examine [Read Order]

Live Law  

The Punjab and Haryana High Court has decided to examine whether a Chief Judicial Magistrate can grant extension of time to an investigating agency for completion of investigation in a criminal case registered under the provisions of the Unlawful Activities Prevention Act. The Petitioner's counsel, Advocate Saurav Bhatia had submitted that the since the Petitioner had been implicated under the …

Karnataka HC Extends All Interim Orders And The Period Of Closure Under S. 4 Of Limitation Act Till November 29 [Read Notices]
4 years, 3 months ago

Karnataka HC Extends All Interim Orders And The Period Of Closure Under S. 4 Of Limitation Act Till November 29 [Read Notices]

Live Law  

The Karnataka High Court has further extended the operation of all interim orders passed by it or the subordinate courts and Tribunals, that are due to expire within a span of one month, till November 29th 2020. The court has issued the following directions: All interim orders passed by the Karnataka High Court, all the District Courts, Civil Courts, Family …

Rajasthan HC's Unreasoned, Indefinite Interim Order In Sachin Pilot's Case: Whither Law Of Precedent?
4 years, 5 months ago

Rajasthan HC's Unreasoned, Indefinite Interim Order In Sachin Pilot's Case: Whither Law Of Precedent?

Live Law  

When I first read the order of the Rajasthan High Court in Prithivraj Meena and Others v The Hon'ble Speaker – the latest battle in the infamous Pilot-Gehlot war – I thought there were a few pages missing. The petitioners' arguments were on two planes – first, they attacked the constitutional validity of paragraph 2 of the Tenth Schedule of …

[Breaking] SC Applies Order Extending Limitation To Sec 29A & 23(4) Arbitration Act, Section 12A Commercial Courts Act
4 years, 5 months ago

[Breaking] SC Applies Order Extending Limitation To Sec 29A & 23(4) Arbitration Act, Section 12A Commercial Courts Act

Live Law  

The Supreme Court has applied its suo moto order extending limitation for filing of cases to Section 29A and 23 of the Arbitration and Conciliation Act, 1996 and Section 12A of the Commercial Courts Act, 2015.The order passed by a bench headed by Chief Justice of India on July 10 stated :"Section 29A of the Arbitration and Conciliation Act, 1996 …

Karnataka HC Extends Period Of Closure Under Sec 4 Of Limitation Act Till August 7 [Read Notice]
4 years, 6 months ago

Karnataka HC Extends Period Of Closure Under Sec 4 Of Limitation Act Till August 7 [Read Notice]

Live Law  

The Karnataka High Court has extended till August 7, period of closure under Section 4 of the Limitation Act, 1963 of all the District and the Trial Courts in the State of Karnataka and the High Court of Karnataka, Principal Bench at Bengaluru and Benches at Dharwad and Kalaburagi. It is specifically clarified that this extension will not affect the …

Kerala HC Extends All Interim Orders Till 3rd August 2020 [Read Order]
4 years, 6 months ago

Kerala HC Extends All Interim Orders Till 3rd August 2020 [Read Order]

Live Law  

The Kerala High Court has extended all interim orders till 3rd August 2020. A Full Bench of the High Court comprising of the Chief Justice S. Manikumar, CT Ravikumar and Shaji P. Chaly noted that the situation that existed when it passed earlier orders has not changed now and the number of Covid cases are increasing. On May 18th, the …

SC Issues Notice On Plea Seeking Clarification On The Issue Of Applicability Of Extended Limitation Period On Section 167(2) CRPC
4 years, 7 months ago

SC Issues Notice On Plea Seeking Clarification On The Issue Of Applicability Of Extended Limitation Period On Section 167(2) CRPC

Live Law  

The Supreme Court on Monday issued notice on an an application seeking a clarification that the earlier order of top court extending the limitation period with effect from March 15 does not cover the time limit prescribed under Section 167 of the Code of Criminal Procedure for grant of bail.A bench of Chief Justice SA Bobde, Justices AS Bopanna & …

SC To Examine Whether It's Order On Extension Of Limitation Affect An Accused' Right To Default Bail Under Section 167(2) CrPC
4 years, 7 months ago

SC To Examine Whether It's Order On Extension Of Limitation Affect An Accused' Right To Default Bail Under Section 167(2) CrPC

Live Law  

The Supreme Court on Thursday issued notice on the SLP preferred against the May 11 order of the Madras High Court holding that the accused cannot claim 'default' bail taking advantage of the March 23 suo moto order the Supreme Court to extend limitation periods in view of the COVID-19 lockdown. The SLP urges that the High Court did not …

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