‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]
6 years, 4 months ago

‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]

Live Law  

‘Though it has nothing to do with the present criminal case, had this been brought to my notice, I would surely have recused myself then and there and not taken up the matter during vacation.’Justice Protik Prakash Banerjee of the Calcutta High Court has recalled an order he passed in a criminal revision petition on the ground that the co-accused in the case was his ‘lay client’ and. ‘Though it has nothing to do with the present criminal case, had this been brought to my notice, I would surely have recused myself then and there and not taken up the matter during vacation.’ Justice Protik Prakash Banerjee of the Calcutta High Court has recalled an order he passed in a criminal revision petition on the ground that the co-accused in the case was his ‘lay client’ and this fact was not disclosed to him when he passed the order. During the course of argument, the judge noticed the name of the co-accused and said: “When I passed the said order during the vacation Bench that the co-accused who had moved the Hon’ble Supreme Court and obtained an interim order as referred to in page ‘49’ of the petition which inspired the present petitioner to move this Court was a person who was my lay client whom I had represented being instructed by the learned advocate on record in a Election Commission matter a few years back before my elevation.” The judge also said that this fact was not disclosed to him at the time when he passed the said order during the vacation bench. Recalling the order on this ground, the judge said: “Though it has nothing to do with the present criminal case, had this been brought to my notice, I would surely have recused myself then and there and not taken up the matter during vacation.”

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History of this topic

Karnataka HC orders action against judge for citing 'fake' SC verdicts
2 days, 15 hours ago

Karnataka HC orders action against judge for citing 'fake' SC verdicts

Deccan Chronicle  

Bengaluru: The Karnataka High Court has directed action against a city civil court judge for citing non-existent Supreme Court rulings while deciding an application under the Code of Civil Procedure. "What is more disturbing is that the learned judge of the City Civil Court has cited two decisions that were never delivered by the Apex Court or any other court," …

Supreme Court stays Allahabad High Court’s ‘grabbing breasts not rape’ verdict; says it’s ‘insensitive, inhuman’
Trending News
3 days, 20 hours ago

Supreme Court stays Allahabad High Court’s ‘grabbing breasts not rape’ verdict; says it’s ‘insensitive, inhuman’

The Hindu  

The Supreme Court on Wednesday stayed an Allahabad High Court order of March 17, which concluded that “mere” grabbing the breasts of a minor victim, breaking the string of her pyjama to “bring down” her lower garment are not sufficient to constitute an offence of attempt to rape. Gavai said the observations made by a Single Judge Bench of Justice …

After high court rap, Maha govt challenges Thane court order in Badlapur encounter case
3 weeks, 4 days ago

After high court rap, Maha govt challenges Thane court order in Badlapur encounter case

India Today  

After being pulled up by the Bombay High Court, the Maharashtra government has filed an appeal against the Thane Sessions Court order, which had kept crucial paragraphs from the Magistrate's report in the Badlapur police encounter case in abeyance following an approach by the policemen involved. The plea further pointed out that since the entire issue of the Badlapur encounter …

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe
3 weeks, 4 days ago

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe

Live Law  

The Jaipur bench of the Rajasthan High Court set aside a trial court order which made adverse remarks against the concerned circle officer and where the DGP was directed to initiate disciplinary proceedings against the officer for alleged negligence committed during the investigation of a case. Justice Anoop Kumar Dhand observed that it was settled that no one could be …

Bombay High Court Stays Special Court Order Directing Registration Of FIR Against Ex-SEBI Chief Madhabi Puri Buch, Other BSE Officials
3 weeks, 4 days ago

Bombay High Court Stays Special Court Order Directing Registration Of FIR Against Ex-SEBI Chief Madhabi Puri Buch, Other BSE Officials

Live Law  

The Bombay High Court has stayed the order of a special court, which directed the registration of an FIR against Ex-SEBI Chief Madhabi Puri Buch and whole-time members and also the top officials of the Bombay Stock Exchange. Single-judge Justice Shivkumar Dige after hearing the arguments of solicitor general Tushar Mehta and Senior Advocates Amit Desai and Sudeep Pasbola, and …

'Overstepping jurisdiction': SC sets aside HC order on compensation for wrongful confinement
4 weeks ago

'Overstepping jurisdiction': SC sets aside HC order on compensation for wrongful confinement

The Hindu  

Frowning upon courts overstepping jurisdiction, the Supreme Court has set aside an order of the Allahabad High Court which directed the Director of Narcotics Control Bureau to pay ₹5 lakh as compensation to a man for alleged wrongful confinement. The apex court was hearing an appeal filed by the Narcotics Control Bureau challenging an order of the Lucknow bench of …

Bombay High Court 'Shocked' As Thane Court Stays Magistrate's Finding That Badlapur Encounter Was Fake
1 month ago

Bombay High Court 'Shocked' As Thane Court Stays Magistrate's Finding That Badlapur Encounter Was Fake

Live Law  

The Bombay High Court on Thursday expressed 'shock' over a Thane Sessions Court judge, who stayed the 'findings' of a Magistrate Enquiry, which concluded that there was 'substance' in the allegations made by the parents of the accused in the Badlapur Sexual Assault Case that their son was killed in a 'fake encounter. The Bombay High Court on Thursday expressed …

Calcutta High Court dismisses case against man accused of mocking Mamata Banerjee
1 month ago

Calcutta High Court dismisses case against man accused of mocking Mamata Banerjee

Op India  

Criminal charges against a man who reportedly made fun of West Bengal Chief Minister Mamata Banerjee and other political figures on YouTube have been dropped by the Calcutta High Court. “After careful scrutiny of the materials available in the case diary, this court does not find any sufficient or cogent evidence or even prima facie case against the present petitioner. …

Will Remove Former HC Judge From Array Of Accused In CSR Scam Case: Kerala Police To High Court
1 month ago

Will Remove Former HC Judge From Array Of Accused In CSR Scam Case: Kerala Police To High Court

Live Law  

The Kerala High Court today closed the PIL filed by lawyers challenging the registration of FIR against former Kerala High Court judge Justice C N Ramachandran Nair in the CSR funds scam case, on recording the written statement filed by Director General of Prosecutions that he would be removed from the array of the accused. In such view of the …

Delhi court refuses cognisance of chargesheet against ex-AAP MLA Rituraj Jha
1 month ago

Delhi court refuses cognisance of chargesheet against ex-AAP MLA Rituraj Jha

The Hindu  

A Delhi court has refused to take cognisance of a chargesheet against former AAP MLA Rituraj Govind Jha and others in a case of allegedly defying police order during a protest in March 2024. Since no offence has been made out from the police report, this court declines to take cognisance of the offence,” the judge said in the order …

'Essentially A Conviction Order' : Supreme Court Judge Raises Concerns About Delhi HC's Long Orders In Anticipatory Bail Applications
1 month, 1 week ago

'Essentially A Conviction Order' : Supreme Court Judge Raises Concerns About Delhi HC's Long Orders In Anticipatory Bail Applications

Live Law  

While dealing with a bail matter, Justice Surya Kant of the Supreme Court today expressed strong disapproval of Delhi High Court orders disposing of anticipatory bail pleas running into 30-40 pages. High Court writing 30-40 pages while disposing of anticipatory bail is hinting the trial court that here is reason for you to convict. Vide the impugned 34-page order of …

Can't Have Two FIRs For Same Accusation, Trial Court Didn't Consider Negative Report Before Cognizance: Rajasthan HC Exonerates Man Of Charges
1 month, 1 week ago

Can't Have Two FIRs For Same Accusation, Trial Court Didn't Consider Negative Report Before Cognizance: Rajasthan HC Exonerates Man Of Charges

Live Law  

While setting aside charges against a man booked in two FIRs having the same set of accusations, the Jodhpur bench of the Rajasthan High Court reiterated that two cases could not run simultaneously for same set of accusation. The court further observed that trial court while taking cognizance failed to take note of the grounds mentioned in the negative final …

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court
1 month, 2 weeks ago

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court

Live Law  

The Karnataka High Court has said that it is the discretion of the trial court to dispense with the accused statement under Section 313 of the Criminal Procedure Code if the accused does not avail of any opportunity for cross-examining the witness or lead any defence evidence. A single judge, Justice H P Sandesh dismissed the petition filed by Sunil …

Karnataka HC sends POCSO case against ex-CM back to trial court for fresh order on cognisance
1 month, 3 weeks ago

Karnataka HC sends POCSO case against ex-CM back to trial court for fresh order on cognisance

The Hindu  

The High Court of Karnataka on Friday remitted to the trial court to pass appropriate order afresh on the issue of taking cognisance of offences based on the chargesheet filed against former Chief Minister B.S. Terming the July 4, 2024 order of taking cognisance of offence by the trial court as “bald, laconic and cryptic”, the High Court directed the …

Calcutta High Court to ‘supervise’ framing of charges in R.G. Kar financial irregularities case
1 month, 3 weeks ago

Calcutta High Court to ‘supervise’ framing of charges in R.G. Kar financial irregularities case

The Hindu  

The Calcutta High Court on Thursday said it would ‘strictly supervise’ the proceedings before the special court of the Central Bureau of Investigation at Alipore concerning the framing of charges in the case of alleged financial irregularities at the R.G. Sandip Ghosh, former principal of RGKMCH, charged with allegations of corruption and financial malpractice at the institution during his tenure, …

Calcutta High Court Declines Plea Seeking Extension Of Time For Trial Against Ex-RG Kar Principal Sandip Ghosh
1 month, 3 weeks ago

Calcutta High Court Declines Plea Seeking Extension Of Time For Trial Against Ex-RG Kar Principal Sandip Ghosh

Live Law  

The Calcutta High Court has declined to recall its order which denied a prayer by Ex-RG Kar College and Hospital principal Sandip Ghosh seeking an extension of time for the trial against him on charges of corruption and mismanagement. Earlier, Justice Tirthankar Ghosh had dismissed the prayer on the ground that Ghosh had been delaying the trial and had directed …

Journalist Approaches Kerala HC Seeking Appointment Of Special Public Prosecutor In Evidence Tampering Case Against MLA Antony Raju
2 months ago

Journalist Approaches Kerala HC Seeking Appointment Of Special Public Prosecutor In Evidence Tampering Case Against MLA Antony Raju

Live Law  

Editor-in-Chief of Madhyama Syndicate News Channel Anil K Emmanuel has approached Kerala High Court to appoint a Special Prosecutor in a criminal case initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990. The petitioner added that he had also filed an …

Order Passed On Oral Consent Given By Counsel Can't Be Reviewed On Ground That There Was No Written Consent : Supreme Court
2 months, 1 week ago

Order Passed On Oral Consent Given By Counsel Can't Be Reviewed On Ground That There Was No Written Consent : Supreme Court

Live Law  

The Supreme Court on Monday emphasized that all constitutional courts in India accept oral statements made by counsels on behalf of parties, and an order cannot be reviewed solely on the ground that consent was not provided in writing. A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan set aside an order of the Calcutta High Court that …

Dismayed Over Repeated Failure Of Jail Authorities To Produce Accused: Punjab & Haryana HC Seeks Affidavit Of ADGP Explaining Failure Of Duty
2 months, 2 weeks ago

Dismayed Over Repeated Failure Of Jail Authorities To Produce Accused: Punjab & Haryana HC Seeks Affidavit Of ADGP Explaining Failure Of Duty

Live Law  

The Punjab & Haryana High Court has summoned the Additional Director General of Police, Punjab, to file a comprehensive affidavit, explaining in detail the reasons for the repeated non-production of an accused on the schedule dates of hearing before the trial Court. Justice Manjari Nehru Kaul said, "this Court is deeply concerned and dismayed over the repeated failure of the …

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court
2 months, 3 weeks ago

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court

Live Law  

The Supreme Court held that the accused cannot claim acquittal solely on grounds of faulty investigation. It has been a consistent stand of this court that the accused cannot claim acquittal on the ground of faulty investigation done by the prosecuting agency.,'' held Justices Sudhanshu Dhulia and Prasanna B. Varale. Another important principle discussed by the Court was “falsus in …

Calcutta High Court Annual Digest: Part-I [Citations: 1-99]
2 months, 3 weeks ago

Calcutta High Court Annual Digest: Part-I [Citations: 1-99]

Live Law  

ORDERS/JUDGEMENTS Use Of 'Silk' To Denote Paint's Finish Customary, Can't Be Protected As Trademark: Calcutta High Court Dismisses Berger's Plea Against JSW Paints Citation: 2024 LiveLaw 1 Case: Berger Paints India Limited v JSW Paints Private Limited The Calcutta High Court recently dismissed an interim injunction application in a suit filed by Berger Paints to restrain JSW Paints from using …

Supreme Court Stays Criminal Trial In Case Where Allahabad HC Failed To Pronounce Decision After 14 Months Since Reserving Orders
3 months, 3 weeks ago

Supreme Court Stays Criminal Trial In Case Where Allahabad HC Failed To Pronounce Decision After 14 Months Since Reserving Orders

Live Law  

The Supreme Court recently stayed criminal trial against an accused, taking into account his grievance that the High Court reserved judgment on his plea for quashing but did not deliver the same despite lapse of 14 months since the orders were reserved. "We do not know the exact reason as to why the learned Judge of the High Court, despite …

Supreme Court scraps CBI probe, sets up SIT to investigate Bengal torture charge
4 months ago

Supreme Court scraps CBI probe, sets up SIT to investigate Bengal torture charge

Hindustan Times  

NEW DELHI: The Supreme Court on Monday appointed a special investigation team of West Bengal police to investigate allegations of custodial torture of two women who took part in the protests following the rape and murder of a junior doctor at Kolkata’s RG Kar Medical College and Hospital. {{^userSubscribed}} {{/userSubscribed}} {{^userSubscribed}} {{/userSubscribed}} The top court’s order scraps the Calcutta high …

Supreme Court scraps CBI probe, sets up SIT to investigate Bengal torture charge
4 months ago

Supreme Court scraps CBI probe, sets up SIT to investigate Bengal torture charge

Hindustan Times  

NEW DELHI: The Supreme Court on Monday appointed a special investigation team of West Bengal police to investigate allegations of custodial torture of two women who took part in the protests following the rape and murder of a junior doctor at Kolkata’s RG Kar Medical College and Hospital. “We have a lot of faith in the young IPS officers,” a …

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC
4 months ago

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

Live Law  

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". Justice …

Supreme Court Transfers Trial Pending Against Choreographer Remo D'Souza In 2016 Cheating Case From UP To Delhi
4 months, 1 week ago

Supreme Court Transfers Trial Pending Against Choreographer Remo D'Souza In 2016 Cheating Case From UP To Delhi

Live Law  

The Supreme Court today transferred the trial in a 2016 cheating case pending against choreographer and film director Remo D'Souza from Ghaziabad, Uttar Pradesh to Delhi.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, partly allowing the appeal filed by D'Souza against an Allahabad High Court order, whereby his plea to quash the criminal proceedings was dismissed. …

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court
4 months, 1 week ago

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court

Live Law  

While directing restoration of the criminal proceedings against Kerala MLA Antony Raju in an evidence tampering case, the Supreme Court today held that the bar on taking of cognizance under Section 195 CrPC was not attracted in the case, as the proceedings were initiated against Raju pursuant to a judicial order. "the initiation of the present proceedings in the present …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
4 months, 1 week ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

SC restores criminal proceedings against Kerala former Minister Antony Raju in 1990 evidence tampering case
4 months, 1 week ago

SC restores criminal proceedings against Kerala former Minister Antony Raju in 1990 evidence tampering case

New Indian Express  

THIRUVANANTHAPURAM: In a setback to Antony Raju, former Minister and MLA of Kerala's ruling LDF, the Supreme Court on Wednesday reinstated criminal proceedings against him in a decades-old evidence tampering case. The Kerala High Court had earlier quashed the criminal case but allowed fresh proceedings to be initiated. The Supreme Court, however, noted that the High Court erred in holding …

Error In FIR Due To Lack Of Specific Date & Time Of Incident Can't Be Rectified During Investigation: Allahabad High Court
4 months, 1 week ago

Error In FIR Due To Lack Of Specific Date & Time Of Incident Can't Be Rectified During Investigation: Allahabad High Court

Live Law  

The Allahabad High Court has observed that an error apparent on the face of the record, such as the non-availability of the specific date and timing in an FIR, cannot be rectified at the investigation stage. A bench of Justice Saurabh Srivastava termed the Chief Judicial Magistrate Mirzapur's act of taking cognizance of the charge sheet —despite the FIR lacking …

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy
4 months, 2 weeks ago

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy

Live Law  

The Calcutta High Court on Wednesday reprimanded a lawyer and his juniors for filing an appeal against a single judge order without either a server or certified copy of the order under challenge. A division bench comprising of Justice Hiranmay Bhattacharya had on an earlier occasion allowed the filing of the appeal without the certified copy of the order. On …

West Bengal Post-Poll Violence : Supreme Court Sets Aside HC Order Transferring Trial Of One Case, Says No Proper Service Of Notice To Accused
7 months, 2 weeks ago

West Bengal Post-Poll Violence : Supreme Court Sets Aside HC Order Transferring Trial Of One Case, Says No Proper Service Of Notice To Accused

Live Law  

The Supreme Court on August 9 set aside an order of the Calcutta High Court, transferring the trial commenced at Coochbehar to Special CBI Court at Siliguri in the case lodged in the aftermath of the 2021 West Bengal Legislative Assembly elections for serious offences including murder and rape.The Supreme Court set aside the High Court order on the grounds …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 months, 3 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14
8 months, 2 weeks ago

Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14

Live Law  

Rajasthan High Court has directed reinstatement of a constable who was dismissed from service 24 years ago, ruling that imposing harsher punishment on a co-delinquent as compared to the other accused, when the charges against both the persons are same, violates right to equality under Article 14 of the Constitution. The counsel for the petitioner argued that the co-accused in …

Calcutta High Court Directs Release Of Man Arrested For Making Untoward Remarks In Comment Box During CM Mamata Banerjee's Facebook Live-Stream
8 months, 3 weeks ago

Calcutta High Court Directs Release Of Man Arrested For Making Untoward Remarks In Comment Box During CM Mamata Banerjee's Facebook Live-Stream

Live Law  

The Calcutta High Court has ordered the release of a man who was arrested for making allegedly untoward and 'defamatory' comments against certain government functionaries during a Facebook live stream of an administrative meeting held by Chief Minister Mamata Banerjee.A single bench of Justice Amrita Sinha directed the release of the accused upon holding that the police's actions in arresting. …

NEET UG 2024: Calcutta High Court Asks Candidate Who Lost Time Due To Torn OMR Sheet To Approach Supreme Court For Re-Test
9 months, 1 week ago

NEET UG 2024: Calcutta High Court Asks Candidate Who Lost Time Due To Torn OMR Sheet To Approach Supreme Court For Re-Test

Live Law  

The Calcutta High Court on Friday asked a candidate who had approached the Court for a re-test due to having lost around 1.5 hours of her exam as a result of a torn OMR sheet, to approach the Supreme Court.A single bench of Justice Jay Sengupta held:It is an admitted fact that there was some damage in the OMR sheet …

Allahabad HC Pulls Up Dy. Commissioner Of Police For Directing Further Investigation In A Case Sans Magistrate's Nod, Seeks Explanation
9 months, 2 weeks ago

Allahabad HC Pulls Up Dy. Commissioner Of Police For Directing Further Investigation In A Case Sans Magistrate's Nod, Seeks Explanation

Live Law  

The Allahabad High Court last week pulled up the Deputy Commissioner of Police, Central NOIDA, Gautambudh Nagar, for directing a further investigation in a criminal case, in which a chargesheet had already been filed and cognizance taken, without obtaining the leave of the concerned Magistrate. Challenging the order of the Deputy Commissioner of Police as well as the further investigation …

Parties Approaching Judges Becoming Regular Practice In NCLAT: Judicial Member Of Chennai Bench Recuses From Hearing Case
9 months, 2 weeks ago

Parties Approaching Judges Becoming Regular Practice In NCLAT: Judicial Member Of Chennai Bench Recuses From Hearing Case

Live Law  

Justice Sharad Kumar Sharma, Judicial Member of the National Company Law Tribunal at Chennai recently recused from hearing a case after the parties to the case approached him for favorable orders. Adding that it had become a regular practice in NCLAT for parties to approach the judges, Justice Sharma said that if the same happened in the High Court, he …

Justice Swaminathan didn’t consult with co-judge in YouTuber Savukku Shankar’s case, states Madras HC
9 months, 2 weeks ago

Justice Swaminathan didn’t consult with co-judge in YouTuber Savukku Shankar’s case, states Madras HC

New Indian Express  

CHENNAI: Justice G Jayachandran of the Madras High Court has stated that Justice GR Swaminathan showed a ‘semblance of personal bias’ against the Tamil Nadu police in quashing their order to detain jailed YouTuber Savukku Shankar under the Goondas Act without giving a fair opportunity to the police to present their case and without consulting the co-judge in the bench. …

Savukku Shankar Detention Case:Justice Swaminathan May Recused If Influenced by External Factors,Says Justice Jayachandran
9 months, 3 weeks ago

Savukku Shankar Detention Case:Justice Swaminathan May Recused If Influenced by External Factors,Says Justice Jayachandran

Live Law  

The Madras High Court on Thursday ruled that the split verdict passed concerning the detention of YouTuber Savukku Shankar was without following the principles of natural justice granting fair opportunity. Justice Jayachandran noted that while the court was not bound by a hard and fast rule of granting 4 weeks to file counter, especially in cases dealing with detention orders, …

Allahabad High Court Directs Judicial Officer To Explain Passing Of Two Contradictory Orders On Same Day In Same Case
9 months, 4 weeks ago

Allahabad High Court Directs Judicial Officer To Explain Passing Of Two Contradictory Orders On Same Day In Same Case

Live Law  

The Allahabad High Court has directed the then Additional Chief Judicial Magistrate of Ghaziabad to file his personal affidavit for passing two contradictory orders on the same day in the same case. 8th exception to the persons who can be accused of defamation provides that “it is not defamation to prefer in good faith an accusation against any person to …

Madras High Court calls for legal services authority’s report on ‘Savukku’ Shankar’s health condition
10 months, 3 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 …

NewsClick Case | Supreme Court Notes That Remand Order Against Purkayastha Was Passed Before Informing His Lawyer, Questions Delhi Police
10 months, 4 weeks ago

NewsClick Case | Supreme Court Notes That Remand Order Against Purkayastha Was Passed Before Informing His Lawyer, Questions Delhi Police

Live Law  

The Supreme Court on Tuesday questioned the Delhi Police for its "hot haste" in producing Prabir Purkayastha, editor of digital portal NewsClick, before the Magistrate after his arrest without informing his lawyer. When ASG tried to convince the Bench by submitting that the lawyer had sent his objections after the remand application was shared with him, Justice Gavai said that …

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 …

SC dismisses West Bengal’s challenge to Calcutta HC’s transfer of probe into the attack on ED’s team at Sandeshkhali to CBI
1 year ago

SC dismisses West Bengal’s challenge to Calcutta HC’s transfer of probe into the attack on ED’s team at Sandeshkhali to CBI

The Hindu  

The Supreme Court on March 11 rejected a petition filed by the State of West Bengal challenging a Calcutta High Court order transferring to the Central Bureau of Investigation the probe into an attack on a team of Directorate of Enforcement officers at Sandeshkhali on January 5. Gavai and Sandeep Mehta, however, ordered expunging certain remarks and observations made against …

Written Statement Must Have Para-Wise Reply To Plaint; Allegations Deemed To Be Admitted Unless Specifically Denied : Supreme Court
1 year ago

Written Statement Must Have Para-Wise Reply To Plaint; Allegations Deemed To Be Admitted Unless Specifically Denied : Supreme Court

Live Law  

The Supreme Court on Monday observed that the failure of the defendant to give para wise reply against the claim made by the plaintiff would make the allegations made in the plaint as admitted against the defendant.“Order VIII Rules 3 and 5 CPC clearly provides for specific admission and denial of the pleadings in the plaint. After finding that there …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year, 1 month ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Accused Cannot Invoke S.91 CrPC To Compel Prosecution To Produce Things At The Stage Of Framing Of Charge: Supreme Court
1 year, 1 month ago

Accused Cannot Invoke S.91 CrPC To Compel Prosecution To Produce Things At The Stage Of Framing Of Charge: Supreme Court

Live Law  

Recently, the Supreme Court observed that the courts cannot issue processes under Section 91 of the Code of Criminal Procedure to compel the production of things/documents based on the application made by the accused at the stage of framing of charges. The short question before the Supreme Court was whether the accused could file an application for the production of …

Karnataka HC Recalls Order Initiating Criminal Contempt Against Advocate Who Misbehaved In Court After He Tenders Unconditional Apology
1 year, 1 month ago

Karnataka HC Recalls Order Initiating Criminal Contempt Against Advocate Who Misbehaved In Court After He Tenders Unconditional Apology

Live Law  

The Karnataka High Court has recalled its order directing the initiation of criminal contempt action against an advocate for misbehaving in court by throwing the case files, addressing the bench in a loud voice, and refusing to argue on merits after he tendered an unconditional apology before the court. A single judge bench of Justice K S Hemalekha allowed the …

Accused Who Surrenders Before Court Can't Be Taken In Custody When Court Hasn't Issued Summoning Order After Taking Cognizance: Supreme Court
1 year, 1 month ago

Accused Who Surrenders Before Court Can't Be Taken In Custody When Court Hasn't Issued Summoning Order After Taking Cognizance: Supreme Court

Live Law  

The Supreme Court has observed that an accused cannot be taken into custody when he voluntarily surrenders before the Court even though the Court which has taken cognizance of the chargesheet has not issued a summoning order against him.The Court further stated that a bail application filed by such an accused, who voluntarily surrendered even in the absence of a …

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