High courts should not feel that we are behaving like a headmaster: SC
3 months, 3 weeks ago

High courts should not feel that we are behaving like a headmaster: SC

Hindustan Times  

The Supreme Court on Monday cautioned against imposing strict deadlines on high courts, remarking that such directions could create a perception that the apex court is acting as a “headmaster”. The Supreme Court on Monday set aside the bail order, observing that the high court had delved into the evidence and conducted a “mini trial” at the bail stage. The Supreme Court bench came down hard on the high court order, stating that such an order was legally untenable because it virtually “acquitted” the accused by assessing the evidence in the case. This order will have to be set aside,” said the bench, striking down the bail order and remitting the matter back to the high court to pass a suitable order within the bounds of law.

High Courts Court Bail Courts Order High Supreme Bench Kumar Matter  courts  behaving  court  supreme  bench  kumar  timeline  headmaster  matter  order  high  feel  bail  sc

History of this topic

Supreme Court Weekly Round-Up (26th February-02 March, 2024)
1 year ago

Supreme Court Weekly Round-Up (26th February-02 March, 2024)

Live Law  

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. Once Magistrate Seeks Report From Police Under S.202 CrPC, Summons To Accused Be Postponed Until Police Report Is Received: Supreme Court Case Details: …

Maintain Practice Of Having One-Third High Court Judges From District Judiciary : Supreme Court
2 years, 1 month ago

Maintain Practice Of Having One-Third High Court Judges From District Judiciary : Supreme Court

Live Law  

The Supreme Court, on Tuesday, expressed its prima facie view that the the present ratio of 1:3 between the judges who are elevated from District Judiciary to the High Courts from the service cadre and those who are elevated from the Bar needs to be maintained. After recording the order, Justice Gavai told the Counsel - “Madam, please advise your …

Kerala High Court Directs Regularization Of Its Court Managers As One-Time Measure
2 years, 7 months ago

Kerala High Court Directs Regularization Of Its Court Managers As One-Time Measure

Live Law  

The Kerala High Court on Monday held that there can be no discrimination between the appointment of Court Managers in the High Court and the District Court, particularly when the same selection procedure is being followed for both.A Division Bench comprising Justices SV Bhatti and Basant Balaji, while holding so, observed that merely because notifications were different for the two …

High Court Must Respect Exercise Of Discretionary Powers By District Judiciary, Cannot Play Role Of 'Headmaster': Delhi HC
2 years, 7 months ago

High Court Must Respect Exercise Of Discretionary Powers By District Judiciary, Cannot Play Role Of 'Headmaster': Delhi HC

Live Law  

"The High Court is required, at all times, to respect the exercise of discretionary powers by the district judiciary and not to act in a manner as could convey an impression that the court is playing the role of headmaster," the Delhi High Court has observed. Justice C Hari Shankar further added that if the High Court starts interfering with …

Supreme Court Refuses To Interfere With Order Granting Parole To Life Convict To Beget A Child
2 years, 7 months ago

Supreme Court Refuses To Interfere With Order Granting Parole To Life Convict To Beget A Child

Live Law  

The Supreme Court on Monday refused to interfere with the Rajasthan High Court's order of granting parole to a life convict to perform conjugal relationship with his wife to beget a child, as the parole period of 15 days was already over. However, the Court observed that it has "reservations" on some observations made by the High Court's order passed …

Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals
2 years, 11 months ago

Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals

Live Law  

The Calcutta High Court on Tuesday directed the Registrar of the High Court to prepare a list of appeals where the appellants are in jail for 14 years or more and list those matters before the Court for consideration of bail within 2 weeks. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi noted that the Supreme Court in …

This judicial selection needs more than a tweak
3 years, 6 months ago

This judicial selection needs more than a tweak

The Hindu  

In recent weeks, the Supreme Court of India’s collegium has been busy. Judges to the High Courts are to be appointed by the President in consultation with the CJI, the Governor of the State and the Chief Justice of that court. The collegium for appointments to the Supreme Court and for transfers between High Courts now comprises the CJI and …

Delay-'Courts Are Doctors Of Bleeding Rights': Madras High Court Cautions Bar & Litigants To Honor Court Appointments
4 years, 3 months ago

Delay-'Courts Are Doctors Of Bleeding Rights': Madras High Court Cautions Bar & Litigants To Honor Court Appointments

Live Law  

The Madras High Court recently cautioned the members of the Bar and other litigants to responsibly follow the dates set by the Courts for hearing in any case. A single bench of Justice N. Seshasayee observed that every time the Bar or the litigants are given a posting for their hearings, the Court is giving them appointments. The Court stated, …

Appointment To The Supreme Court: Identifying Trends And Patterns
4 years, 5 months ago

Appointment To The Supreme Court: Identifying Trends And Patterns

Live Law  

Earlier today, it was reported that the Law Ministry is currently awaiting the recommendations from the Supreme Court's Collegium to appoint Judges to the Supreme Court. A person may be appointed to the Court in three ways- If she/he has been a Judge of the High Court for at least five years ; If she/he has been an advocate of …

Provide Info On Special Courts For Legislators Or Be Held Personally Liable: SC To Chief Secretaries & Registrar Generals [Read Order]
6 years, 5 months ago

Provide Info On Special Courts For Legislators Or Be Held Personally Liable: SC To Chief Secretaries & Registrar Generals [Read Order]

Live Law  

Taking stern view of the prolonged failure of a few States and High Courts in providing information on the establishment of Special Courts for trying cases involving legislators, the Supreme Court on Wednesday warned the Chief Secretaries and Registrar Generals of such States/UTs and high courts that they would be held personally liable if the information demanded is not provided …

Provide Info On Special Courts For Legislators Or Be Held Personally Liable: SC To Chief Secretaries & Registrar Generals [Read Order]
6 years, 5 months ago

Provide Info On Special Courts For Legislators Or Be Held Personally Liable: SC To Chief Secretaries & Registrar Generals [Read Order]

Live Law  

Taking stern view of the prolonged failure of a few States and High Courts in providing information on the establishment of Special Courts for trying cases involving legislators, the Supreme Court on Wednesday warned the Chief Secretaries and Registrar Generals of such States/UTs and high courts that they would be held personally liable if the information demanded is not provided …

Breaking: SC Asks Centre To Examine The Need For New Judicial Fora To Decongest SC&HCs, Central Selection Mechanism,Full Time Body For Appointment & Evaluation Of Judges [Read Judgment]
7 years ago

Breaking: SC Asks Centre To Examine The Need For New Judicial Fora To Decongest SC&HCs, Central Selection Mechanism,Full Time Body For Appointment & Evaluation Of Judges [Read Judgment]

Live Law  

A two Judge Bench of the Supreme Court on Wednesday directed the authorities consider the proposal for central selection mechanism for filling up vacancies in courts other than the Constitutional Courts and also to consider as to how to supplement inadequacies in the present system of appointment of judges to the Constitutional Courts at all levels.The Bench of AK Goel …

Definite Timelines Should Be Drawn For Each Stages Of Appointment Process Of Judges: SC [Read Judgment]
7 years, 1 month ago

Definite Timelines Should Be Drawn For Each Stages Of Appointment Process Of Judges: SC [Read Judgment]

Live Law  

In the interest of all the stakeholders, including the judiciary, that definite timelines are drawn for each stage of the process, so that process of appointment is accomplished within a time-bound manner, said the Bench.Supreme Court of India on Friday observed that definite timelines should be drawn for each stage of the process of appointment of Judges so that process …

High Courts Weekly Round-Up
7 years, 4 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtThe Allahabad High Court upheld the death penalty imposed on a man convicted for rape and murder of 7-year-old girl. Delhi High Court The Delhi High Court, on Monday, refused to set aside the summons issued against AAP leader Deepak Bajpai in the criminal defamation case filed against him by Union minister Arun Jaitley. In yet another contempt …

SC Initiates Pilot Project To Obtain Data On Delays In High Courts [Read Order]
7 years, 11 months ago

SC Initiates Pilot Project To Obtain Data On Delays In High Courts [Read Order]

Live Law  

Prolonged incarceration and denial of bail during the pendency of trial/appeal are the bane of Indian criminal justice system. A recent order, passed by the Supreme Court on March 31, however, was an occasion for the expression of Supreme Court’s anguish, as well as its seriousness to find effective remedies to it.The case Ramu and another v State of Uttar …

SC Initiates Pilot Project To Obtain Data On Delays In High Courts [Read Order]
7 years, 11 months ago

SC Initiates Pilot Project To Obtain Data On Delays In High Courts [Read Order]

Live Law  

Prolonged incarceration and denial of bail during the pendency of trial/appeal are the bane of Indian criminal justice system. A recent order, passed by the Supreme Court on March 31, however, was an occasion for the expression of Supreme Court’s anguish, as well as its seriousness to find effective remedies to it.The case Ramu and another v State of Uttar …

High Courts Weekly Round-Up
8 years ago

High Courts Weekly Round-Up

Live Law  

Bombay High CourtThe Bombay High Court held that an arbitral tribunal does not have the power to appoint the court receiver of the high court as a receiver under Section 17 of the Arbitration and Conciliation Act.On Tuesday, the High Court directed all government-run hospitals to take action against doctors on strike ‘as per law’, apart from ‘initiating contempt. On …

High Courts Weekly Round-Up
8 years, 1 month ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtA full bench of Allahabad High Court on Monday held that the state government cannot exercise power under Section 321 of Code of Criminal Procedure to withdraw criminal cases in a whimsical and arbitrary matter.The High Court recently struck down an Ordinance passed by Lucknow University, by which 80% seats of the LL.M. Allahabad High Court A full …

High Courts Weekly Round-Up
8 years, 1 month ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtA full bench of Allahabad High Court on Monday held that the state government cannot exercise power under Section 321 of Code of Criminal Procedure to withdraw criminal cases in a whimsical and arbitrary matter.The High Court recently struck down an Ordinance passed by Lucknow University, by which 80% seats of the LL.M. Allahabad High Court A full …

High Courts Weekly Round-Up
8 years, 6 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtThe Allahabad High Court, in Dr. Kuldeep Kaushik vs. State of UP, held that a magistrate has the authority to interfere in a case investigation if it is not going on in a proper or fair manner.In Ramsiya Yadav vs. State of UP, The High Court held that gratuity can be withheld in a case where judicial proceedings …

High Courts Weekly Round-Up
8 years, 9 months ago

High Courts Weekly Round-Up

Live Law  

Bombay high CourtBombay High Court recently acquitted an Accused who challenged his conviction under Section 498A of Indian Penal Code. Bombay high Court Bombay High Court recently acquitted an Accused who challenged his conviction under Section 498A of Indian Penal Code. Delhi High Court A Division Bench of Delhi High Court adjourned Advocate SurenUppal’s Petition seeking a court-monitored investigation into …

High Courts Weekly Round-Up
8 years, 9 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtAllahabad High Court held that, in view of the prohibition contained in Section 362 of the Code of Criminal Procedure even the High Court in exercise of its inherent power under Section 482 CrP.C has no authority or jurisdiction to alter/review a Judgment in a Criminal Case, after the Judgement is signed.Coming down heavily on Police officers for …

High Courts Weekly Round-Up
8 years, 9 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtAllahabad High Court held that, in view of the prohibition contained in Section 362 of the Code of Criminal Procedure even the High Court in exercise of its inherent power under Section 482 CrP.C has no authority or jurisdiction to alter/review a Judgment in a Criminal Case, after the Judgement is signed.Coming down heavily on Police officers for …

High Courts Weekly Round-Up
8 years, 10 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High courtAllahabad High Court dismissed a writ petition by Lok Prahri challenging the constitutional validity of the amendments made by Parliament to the Salary, Allowances and Pension of Members of Parliament Act, 1954 and also of the provisions by which Parliament has legislated to provide for pension and for the grant of facilities to former members of Parliament.Bombay. Allahabad …

High Courts Weekly Round-Up
9 years, 3 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtAllahabad High Court convicted a lawyer for committing criminal contempt of subordinate Court and has sentenced him to undergo simple imprisonment of six months. Division bench of Justices Sudhir Agarwal and ShamsherBahadur Singh has also restrained the lawyer from entering the High Court and District court premises for a period of three years.Bombay High CourtBombay. Delhi High Court …

High Courts Weekly Round-up
9 years, 4 months ago

High Courts Weekly Round-up

Live Law  

Allahabad High CourtFrame ‘funding’ policyIn a significant decision, the Allahabad High court, in the matter of delay in Funding of private unaided schools, directed the State Government to frame its policy regarding funding of unaided private schools falling under the Right to Education Act.Bombay High CourtOvernight access to father of a kid stayedBombay High Court on Monday stayed an. Allahabad …

High Courts Weekly Round-up
9 years, 4 months ago

High Courts Weekly Round-up

Live Law  

Allahabad High CourtFrame ‘funding’ policyIn a significant decision, the Allahabad High court, in the matter of delay in Funding of private unaided schools, directed the State Government to frame its policy regarding funding of unaided private schools falling under the Right to Education Act.Bombay High CourtOvernight access to father of a kid stayedBombay High Court on Monday stayed an. Allahabad …

A new beginning by the Supreme Court
9 years, 5 months ago

A new beginning by the Supreme Court

The Hindu  

The judgment of the Supreme Court delivered on Friday striking down the Constitution Act, 2014 and the National Judicial Appointments Commission Act, 2014 by a majority of 4:1 is one of the most significant and everlasting contributions made by the Supreme Court restoring not only its credibility in the eyes of the legal profession but also in terms of its …

Tribunals are parallel justice delivery mechanisms, lacks right people: Supreme Court
10 years, 8 months ago

Tribunals are parallel justice delivery mechanisms, lacks right people: Supreme Court

Live Law  

A Supreme Court Constitutional bench comprising of Chief Justice R.M. Appearing for the petitioners, senior counsel Arvind Datar said that the "obnoxious objective" of setting up tribunals was to create a parallel system outside the Constitutionally prescribed justice delivery system starting from the apex court, followed by High Court and then lower courts. As Article 323-A and Section 28 of …

Induction of National Court Management Authority in Indian Judicial System: Need of the Hour
11 years, 4 months ago

Induction of National Court Management Authority in Indian Judicial System: Need of the Hour

Live Law  

“Delays render the common man’s knock on the temple of justice- a frustrating experience. Andhra Pradesh High Court judge, Justice V VRao alsoemphasized that Indian Judiciary would take 320 years to clear the backlog of 3.2 crore cases pending in various courts including high courts in the country. Right to life and personal liberty is one of the rights of …

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