Confessional Statement Of Co-Accused; Delhi High Court Quashes Charges Against Chartered Account For Being Speculative
2 years, 4 months ago

Confessional Statement Of Co-Accused; Delhi High Court Quashes Charges Against Chartered Account For Being Speculative

Live Law  

The Delhi High Court has quashed the charges framed against a Chartered Account for aiding his client in money laundering purely on the basis of confessional statements made by a co-accused under Section 164 of the Code of Criminal Procedure, 1973. The petitioner Vinod Kumar Kila filed a writ petition before the Delhi High Court against the charges framed by the Special Judge, CBI under Section 109 of the Indian Penal Code, 1860 read with Sections 13 and 13 of the Prevention of Corruption Act,1988. The petitioner submitted before the High Court that an FIR was registered by the CBI against Arvind Kumar, the Chief Engineer of Bangalore Metro Rail Corporation, under Section 13 read with Section 13 of the Prevention of Corruption Act, read with Section 109 of IPC, on the ground that he, being a public servant, was in possession of assets beyond his disclosed source of income. The Bench added that retracted statements made by a co-accused is utterly inadequate to establish, prima-facie, the participation of the petitioner in a conspiracy with the co-accused to facilitate the commission of the offences under Section 109 IPC read with Sections 13 and 13 of the Prevention of Corruption Act.

Corruption Delhi Court Prevention Delhi High Court Statement Charges Statements Ipc High Cbi Petitioner Framed Section 164 Cr Section 109 Vinod Kumar Kila Retracted Statements Chartered Account  high  petitioner  statements  prevention  chartered  corruption  statement  charges  coaccused  speculative  confessional  trial  quashes  court  framed  delhi

History of this topic

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court
17 hours, 1 minute ago

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court

Live Law  

The Kerala High Court held that even if a final report is filed by the investigation agency a defacto complainant is entitled to get a copy of her own statement recorded under Section 164 of Cr.P.C. The Court observed that therefore, the defacto complainant has a right to get a copy of the Section 164 CrPC statement. and all the …

Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It
3 weeks ago

Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It

Live Law  

The Delhi High Court has imposed a cost of Rs. In reality, while the petitioner ostensibly seeks contempt proceedings, it is attempting to secure a judicial review of the investigation methodology through the back door, which cannot be entertained.” Background: The petitioner-company, Forech India Pvt Ltd, was investigated by the CCI regarding alleged existence of a bid-rigging cartel in the …

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
3 weeks, 6 days ago

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Live Law  

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. The court said: From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship …

Delhi HC issues notice over Sisodia’s plea challenging charge sheet cognisance
1 month ago

Delhi HC issues notice over Sisodia’s plea challenging charge sheet cognisance

Hindustan Times  

The Delhi high court on Monday issued a notice to the Enforcement Directorate over former deputy chief minister Manish Sisodia’s plea challenging a city court’s order taking cognisance of the charge sheet filed in the Delhi excise policy case. The court will also hear the Aam Aadmi Party chief Arvind Kejriwal’s plea seeking similar relief in the same case on …

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

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court
10 months, 1 week ago

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Sachin Datta held that the court under Section 27 of the Arbitration and Conciliation Act, 1996 cannot determine the admissibility, relevancy, materiality, and weight of any evidence, as doing so would amount to impermissible interference with the Tribunal's proceedings. The Petitioner sought the Arbitral Tribunal's approval to approach court for seeking the …

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court
1 year, 2 months ago

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court

Live Law  

The Kerala High Court on Wednesday laid down that mere filing of an application by the complainant for compounding of offences alleged does not automatically result in acquittal of accused.Bench of Justice K. Babu noted that Section 320 CrPC categorizes offences into two parts- Under Sub-section, certain offences have been listed which can be compounded without the permission of the. …

Why is Delhi High Court least persuasive on denying written arrest grounds to Newsclick accused?
1 year, 2 months ago

Why is Delhi High Court least persuasive on denying written arrest grounds to Newsclick accused?

The Hindu  

Published : Oct 14, 2023 08:38 IST - 5 MINS READ Article 22 of the Constitution dictates that no person who is arrested can be detained in custody without being promptly informed of the grounds for their arrest. This precarious situation can be easily avoided by providing the written grounds of arrest, as recorded by the authorised officer in accordance …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 7 months ago

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances

Live Law  

The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence. While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, …

Ensure IOs Are Present In Court When Case Is Taken Up For Hearing: Delhi High Court To Commissioner Of Police
1 year, 7 months ago

Ensure IOs Are Present In Court When Case Is Taken Up For Hearing: Delhi High Court To Commissioner Of Police

Live Law  

The Delhi High Court has asked the Commissioner of Delhi Police to ensure that the investigating officers probing a case are present in court when such a case is taken up for hearing. Expressing displeasure over the failure of an investigating officer in answering certain queries put to him by the court, Justice Rajnish Bhatnagar said:“This has become routine invariable …

What Is The Scope Of Scrutiny An Officer Is Required To Make While Clearing A Petition For Listing? Delhi High Court Asks Registrar To Clarify
1 year, 8 months ago

What Is The Scope Of Scrutiny An Officer Is Required To Make While Clearing A Petition For Listing? Delhi High Court Asks Registrar To Clarify

Live Law  

The Delhi High Court has directed its Registrar to clarify the scope of scrutiny required to be made by the scrutiny officer while clearing a petition for listing.Justice Anup Jairam Bhambhani also asked the Registrar whether there are any general directions or judicial orders requiring the scrutiny officer to form a “prima- facie opinion” as to whether a prayer is. …

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court
1 year, 9 months ago

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure, without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.A single bench of Justice. The …

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
1 year, 11 months ago

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

Live Law  

The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the …

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court
2 years, 1 month ago

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court

Live Law  

The Delhi High Court on Wednesday said a victim's statement under Section 164 CrPC disclosing the offence of rape shall be sufficient to frame charges against the accused under section 376 of Indian Penal Code.Justice Swarana Kanta Sharma said an accused should not merely be discharged in a rape case because the prosecutrix has not stated about the same in …

Rape Victim's Statement Under Section 164 CrPC Must Not Be Disclosed To Any Person Including Accused Till Charge-Sheet Is Filed: Supreme Court
2 years, 2 months ago

Rape Victim's Statement Under Section 164 CrPC Must Not Be Disclosed To Any Person Including Accused Till Charge-Sheet Is Filed: Supreme Court

Live Law  

The Supreme Court reiterated that a rape victim's statement made under Section 164 CrPC should not be disclosed to any person including the accused till charge-sheet/final report is filed.The bench of CJI UU Lalit and Justice Bela M. Trivedi was considering a contempt petition which highlighted violation of mandatory directions issued in State of Karnataka by Nonavinakere Police vs. The …

S.41D CrPC | Advocate Cannot Be Permitted To Remain Present With Accused During Entire Course Of Interrogation: Calcutta High Court
2 years, 2 months ago

S.41D CrPC | Advocate Cannot Be Permitted To Remain Present With Accused During Entire Course Of Interrogation: Calcutta High Court

Live Law  

The Calcutta High Court has made it clear that Section 41D of CrPC, which entitles an accused to meet an Advocate of his choice during interrogation by the investigating agency, does not extend to presence of Advocate throughout the investigation.While admitting a criminal revision application preferred by the Enforcement Directorate against the Magistrate's order permitting the Advocate. The Calcutta High …

NDPS Act | Charges Framed Solely Based On Statement Of Co-Accused U/S 27 Evidence Act Untenable: Madhya Pradesh High Court
2 years, 3 months ago

NDPS Act | Charges Framed Solely Based On Statement Of Co-Accused U/S 27 Evidence Act Untenable: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently quashed the order of the lower court whereby charges were framed against the accused under the provisions of the NDPS Act solely based on the testimony of a co-accused recorded under Section 27 Evidence Act. Setting aside the impugned order, Justice Nandita Dubey noted that while framing the charges, the trial court ought to …

Delhi High Court refuses to quash FIR against a man on molestation allegations
2 years, 4 months ago

Delhi High Court refuses to quash FIR against a man on molestation allegations

Firstpost  

The accused had to resign from his lucrative job in the United Nations following the complainant’s letter to his organisation New Delhi: The Delhi High Court has refused to quash an FIR against a man on molestation allegations and directed that the woman will have to pay damages to the accused in case he is acquitted by the trial court. …

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC
2 years, 4 months ago

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC

Live Law  

Madras High Court recently dismissed a revision petition moved by a man accused of cheating and forgery after observing that while deciding upon discharge, the High Court only had to sift through the evidence on record and form an opinion on whether there was a prima facie case and a strong suspicion against the accused. The case against the petitioner …

S.102(3) CrPC | Info Regarding Freezing Of Bank Account Must Be Given To Jurisdictional Magistrate: Madras High Court
2 years, 5 months ago

S.102(3) CrPC | Info Regarding Freezing Of Bank Account Must Be Given To Jurisdictional Magistrate: Madras High Court

Live Law  

While ordering de-freezing of an account seized pursuant to investigation into a loan fraud, the Madras High Court held that it was an essential requirement of Section 102 of CrPC that information of the seizure should be duly reported to the Magistrate. to forthwith report the seizure before the Magistrate has not been complied with as well as it is …

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates
2 years, 5 months ago

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates

Live Law  

The Madras High Court recently set aside an order of conviction of a man accused of murder after observing that the trial court was misled in corroborating the statement of witnesses recorded under S. 164 CrPC with the medical evidence when in fact all the independent witnesses had turned hostile. The trial court had erred in relying upon the statements …

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court
2 years, 7 months ago

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court

Live Law  

The Supreme Court observed that when a clear case is made out for the offences alleged, the criminal proceedings cannot be quashed merely on the ground that "no useful purpose will be served by prolonging the proceedings of the case".The bench comprising Justices MR Shah and BV Nagarathna reiterated that a High Court must pass a speaking and reasoned order …

Delhi High Court Grants Bail To Person Accused Of Fraudulently Claiming ITC
2 years, 8 months ago

Delhi High Court Grants Bail To Person Accused Of Fraudulently Claiming ITC

Live Law  

The Delhi High Court bench of Justice Prateek Jalan has granted bail to the person accused of fraudulently claiming an input tax credit under the CGST Act who has already undergone 9 months in custody. The applicant submitted that he had been an employee of Shubham Khandelwal only since early 2018, and the mobile number was transferred to the applicant's …

Can Magistrate Reject Application Filed U/S 313 CrPC Requiring Accused To Explain Evidence Produced Against Him? Gujarat High Court To Examine
2 years, 9 months ago

Can Magistrate Reject Application Filed U/S 313 CrPC Requiring Accused To Explain Evidence Produced Against Him? Gujarat High Court To Examine

Live Law  

The Gujarat High Court is set to examine whether a Magistrate can reject an application filed by the complainant seeking explanation of the accused under Section 313 of CrPC, upon the evidence produced against him.The provision stipulates power of the Court to examine the accused and enable him to personally explain any circumstances appearing in the evidence against him.In the …

Mere Vague Belief That Accused May Thwart Investigation Cannot Be A Ground To Prolong The Incarceration: Delhi High Court
2 years, 10 months ago

Mere Vague Belief That Accused May Thwart Investigation Cannot Be A Ground To Prolong The Incarceration: Delhi High Court

Live Law  

The Delhi High Court has observed that mere vague belief that the accused may thwart the investigation cannot be a ground to prolong the incarceration of the accused.Justice Subramonium Prasad added that if there is no apprehension of interference in administration of justice in a criminal trial by an accused, then the Court should be circumspect while considering depriving the …

Chapter XXIA CrPC | Provisions Of Plea Bargaining Applicable To Offences U/S 132 & 135 Of Customs Act: Delhi High Court
2 years, 11 months ago

Chapter XXIA CrPC | Provisions Of Plea Bargaining Applicable To Offences U/S 132 & 135 Of Customs Act: Delhi High Court

Live Law  

In a case concerning illegal smuggling of gold by two Kazakh nationals, the Delhi High Court upheld the plea bargain reached between the Smuggler Respondent, Consul at the Kazakh Embassy, Air Customs Officer, and Senior SPP for the Customs Department vide Mutually Satisfactory Declaration. The Petitioner viz, Customs Department, Government of India appealed before the Delhi High Court against the …

Summons Cannot Be Issued To An Accused U
2 years, 11 months ago

Summons Cannot Be Issued To An Accused U

Live Law  

The Calcutta High Court on Monday held that before issuing summons to an accused under Section 204 of the CrPC, a Magistrate has to mandatorily hold an inquiry under Section 202 of the CrPC. Justice Ananda Kumar Mukherjee held that the scope of such enquiry under section 202 CrPC is limited to the ascertainment of truth or falsehood of the …

Accused Can't Use His Power Of Attorney Holder To File Petition U/S 482 To Quash Criminal Proceedings: Delhi High Court
2 years, 11 months ago

Accused Can't Use His Power Of Attorney Holder To File Petition U/S 482 To Quash Criminal Proceedings: Delhi High Court

Live Law  

The Delhi High Court has held that the accused cannot recourse to a third party, such as a Power of Attorney holder, to represent him in criminal proceedings. Accordingly, the Court dismissed a petition under Article 227, Constitution of India read with Section 482, Code of Criminal Procedure 1973, seeking quashing of proceedings through the Petitioner's Representative holding his Special …

Examining The Accused And Recording Their Statement Under S.313 CrPC: Karnataka High Court Issues Directions For Trial Courts To Follow
3 years, 2 months ago

Examining The Accused And Recording Their Statement Under S.313 CrPC: Karnataka High Court Issues Directions For Trial Courts To Follow

Live Law  

The Karnataka High Court recently issued guidelines to be followed by trial court judges while examining the accused and recording his statement under Section 313 of the Criminal Procedure Code. Sometimes, a witness may give evidence as regards the collective overt act of two or more accused and in that event, a single question may be framed, but each accused …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 2 months ago

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Live Law  

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.Justice Mary Joseph remarked:".the accused can only be taken to have exercised their authority for committing some …

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court
3 years, 3 months ago

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court

Live Law  

Observing that an offence of Attempt To Murder will fall under the category of heinous offence, and therefore, has to be treated as a crime against society, the Delhi High Court on Monday refused to quash an FIR registered for an offence under 307/34 IPC. Court's observations At the outset, the Court noted that there was a conflict of opinions …

Delhi High Court Issues Notice On MJ Akbar's Plea Against Priya Ramani's Acquittal In Criminal Defamation Case
3 years, 4 months ago

Delhi High Court Issues Notice On MJ Akbar's Plea Against Priya Ramani's Acquittal In Criminal Defamation Case

Live Law  

The Delhi High Court today issued notice on an appeal preferred by former Union Minister MJ Akbar, challenging the acquittal of journalist Priya Ramani in the criminal defamation case filed by him over the "metoo" sexual harassment allegations made by her.Justice Mukta Gupta issued notice to the Respondent and fixed the case for hearing on January 13, 2022.The Court heard …

Section 205 CrPC- Magistrate Cannot Mechanically Impose Conditions To An Order Dispensing Personal Appearance of Accused : Calcutta High Court
3 years, 5 months ago

Section 205 CrPC- Magistrate Cannot Mechanically Impose Conditions To An Order Dispensing Personal Appearance of Accused : Calcutta High Court

Live Law  

The Calcutta High Court has held that magistrate cannot mechanically impose conditions to an order dispensing the personal appearance of accused under Section 205 Code of Criminal Procedure.It observed that the Magistrate, while passing the impugned order, had merely mentioned that there are certain facts which can only be explained by the accused persons, and those facts are only within. …

Registration Of Crime Under Section 102 CrPC Illegal, Its An Enabling Provision To Make Seizure By Police : Kerala High Court
3 years, 6 months ago

Registration Of Crime Under Section 102 CrPC Illegal, Its An Enabling Provision To Make Seizure By Police : Kerala High Court

Live Law  

A Single Bench of the Kerala High Court quashed proceedings against a 21 year old man holding that Section 102 of CrPC is not an offence and that registration of crime against the petitioner under this provision is illegal. Advocate Cherian Mathew Poothicote, for petitioner Akhil C submitted that an FIR was registered against him in the Nilambur Police Station …

Kerala High Court Issues Guidelines To Be Followed By Courts Before Acting Upon The "Pleading of Guilty" By An Accused
3 years, 7 months ago

Kerala High Court Issues Guidelines To Be Followed By Courts Before Acting Upon The "Pleading of Guilty" By An Accused

Live Law  

A Single Bench of the Kerala High Court while reversing the conviction imposed upon the petitioner on Tuesday, issued a set of guidelines to be followed in cases of an accused pleading guilty for the offences charged against him. The petition contends that the trial court convicted the petitioner of the above offences solely upon pleading guilty. The elaborate procedure …

Delhi High Court Issues Notice In Plea Seeking Modification Of NCLAT's SOP By Allowing Only E-Filing In View Of Second Covid Wave
3 years, 7 months ago

Delhi High Court Issues Notice In Plea Seeking Modification Of NCLAT's SOP By Allowing Only E-Filing In View Of Second Covid Wave

Live Law  

The Delhi High Court on Thursday issued notice in a plea seeking directions on the National Company Law Appellate Tribunal to modify its SOP dated January 3, 2021 by allowing only electronic filing in view of the prevalent situation amid second Covid wave.A single judge bench comprising of Justice Rekha Palli issued notice in the plea filed by Advocate. The …

Delhi High Court Directs Delhi Police For Report On Alleged Illegal Detaining And Beating Of Man In Matrimonial Dispute Matter
3 years, 9 months ago

Delhi High Court Directs Delhi Police For Report On Alleged Illegal Detaining And Beating Of Man In Matrimonial Dispute Matter

Live Law  

A Single Judge Bench of Justice Anu Malhotra of the Delhi High Court has issued notice on a petition alleging illegal detaining and beating of a man involved in a matrimonial dispute by the Delhi Police and directed the police to to file a status report on the incident.The alleged incident took place at the Turkman Gate Police Post at …

Delhi High Court Quashes FIR Seeking 'Unlawful Recovery Of Money' In A Purely Commercial Matter
4 years, 1 month ago

Delhi High Court Quashes FIR Seeking 'Unlawful Recovery Of Money' In A Purely Commercial Matter

Live Law  

The Delhi High Court on Monday reaffirmed that the criminal justice delivery mechanism cannot be misused to seek recovery of money under the garb of Cheating and Criminal Breach of Trust. The Petitioner had also raised the issue of territorial jurisdiction and submitted that the territorial jurisdiction of a court with regard to criminal offence would be decided on the …

‘Police Can’t Pick and Choose Evidence’: Delhi HC Sets Aside Sessions Court Order in Chief Secy Assault Case
4 years, 2 months ago

‘Police Can’t Pick and Choose Evidence’: Delhi HC Sets Aside Sessions Court Order in Chief Secy Assault Case

News 18  

New Delhi: The Delhi High Court on Wednesday set aside a sessions court order rejecting the plea of Chief Minister Arvind Kejriwal and Deputy CM Manish Sisodia to provide the statement of one of the witnesses in the case related to alleged assault of then chief secretary Anshu Prakash in 2018. "Consequently, the trial court is directed to consider the …

Delhi HC Refuses To Quash Registrar General's Order Mandating Submission Of Court Fee and Affidavit While Filing Petitions [Read Order]
4 years, 2 months ago

Delhi HC Refuses To Quash Registrar General's Order Mandating Submission Of Court Fee and Affidavit While Filing Petitions [Read Order]

Live Law  

Delhi High Court has refused to set aside the order dated 28/08/20 passed by the court's Registrar General whereby submission of court fee and duly attested affidavit has been made mandatory while filing petitions. The order has come in a plea moved by a senior citizen, who's residing in Jalandhar, seeking court's direction to quash the order dated 28/08/20 passed …

Criminal Trial : Delhi HC Sets Aside Trial Court Order Which Misread Direction For 'Addition' Of Charge As 'Replacement' Of Charge
4 years, 10 months ago

Criminal Trial : Delhi HC Sets Aside Trial Court Order Which Misread Direction For 'Addition' Of Charge As 'Replacement' Of Charge

Live Law  

Through a significant ruling, the Delhi High Court has clarified that there is a difference between "addition" of charge and "alteration" of charge under Section 216 of CrPC. The order passed by Justice Manoj Kumar Ohri states that when the High Court had, in a criminal revision petition, directed the trial court to add the charge under Section 304B of …

A Detailed Order Is Not Required Under Sec 228 Of CrPC, If There's A Prima Facie Ground : Delhi HC [Read Order]
5 years, 1 month ago

A Detailed Order Is Not Required Under Sec 228 Of CrPC, If There's A Prima Facie Ground : Delhi HC [Read Order]

Live Law  

Delhi High Court has held that the order of the trial court on charge need not be a lengthy or a detailed one. Such an order should indicate that in the opinion of the trial court a prima facie case is made out. It was contended that no reason has been assigned as to on what basis the trial court …

SC Stays Allahabad HC's Direction To Provide Chinmayanand Copy Of Student's Statement Under S.164 CrPC [Read Order]
5 years, 1 month ago

SC Stays Allahabad HC's Direction To Provide Chinmayanand Copy Of Student's Statement Under S.164 CrPC [Read Order]

Live Law  

The Supreme Court on Friday issued notices on a Special Leave Petition filed by the Shahjahanpur law student, who had leveled allegations of sexual harassment and rape against former Union Minister and BJP leader Chinmayanand. The petition challenged the order of the Allahabad High Court dated November 7, whereby it allowed Chinmayanand's application seeking a certified copy of the statement …

Defence Evidence: Application U/S 243CrPC Cannot Be Rejected Unless It Is Vexatious, Delayed or Would Defeat The Ends of Justice:Delhi HC
5 years, 6 months ago

Defence Evidence: Application U/S 243CrPC Cannot Be Rejected Unless It Is Vexatious, Delayed or Would Defeat The Ends of Justice:Delhi HC

Live Law  

Delhi High Court has recently observed that issuing process for an application filed under section 243 of the Cr.P.C by the Trial Court was obligatory unless for reasons recorded, it is held that such application is vexatious, delayed or defeats the ends of justice. The order came based on a petition filed against a judgment of a Trial Court which …

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