Acquittal In Criminal Case Can Be Considered To Determine Punishment In Department Enquiry: Andhra Pradesh High Court
2 years, 6 months ago

Acquittal In Criminal Case Can Be Considered To Determine Punishment In Department Enquiry: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court held that the order of acquittal in a criminal case can be considered in a punishment to be imposed in the departmental enquiry. Brief Facts of the Case The Writ Petition had been filed under Article 226 of the Constitution of India to challenge the Award dated 10.07.2013 by the 1st Respondent/Industrial Tribunal-Cum-Labour Court upholding the order of removal of the petitioner by the 2nd Respondent. After acquittal, the petitioner represented to the appellate authority for withdrawal of the removal order but his representation was rejected holding that his earlier appeal against the order of removal had already been rejected. The petitioner contended that his representation before department appellate authority could not be rejected merely because of earlier rejection of the petitioner's appeal at a time when there was no order of acquittal.

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History of this topic

License Suspension Order Can't Partake Character Of Cancellation, Must Specify Duration Of Suspension: Andhra Pradesh High Court
1 week, 6 days ago

License Suspension Order Can't Partake Character Of Cancellation, Must Specify Duration Of Suspension: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that an order suspending license can “never partake the character of an order of cancellation” and in the absence of an order of suspension prescribing a definite time period, the same, would make it unsustainable in law. When the order of the Deputy Commissioner was challenged before a Single Judge of the Court, …

Negotiable Instruments Act | Complainant Can Prefer Appeal Against Acquittal Order Before Sessions Court: Karnataka High Court
2 weeks, 4 days ago

Negotiable Instruments Act | Complainant Can Prefer Appeal Against Acquittal Order Before Sessions Court: Karnataka High Court

Live Law  

The Karnataka High Court has said that a complainant in a case under the Negotiable Instruments Act, can file an appeal against an acquittal order before the Sessions Court and need not approach the high court. In the present case, Justice S Rachaiah referred to Section 378 of CrPC which states that if an order of acquittal is passed in …

SC strengthens legal protection in appeal cases
3 weeks, 2 days ago

SC strengthens legal protection in appeal cases

Hindustan Times  

Reaffirming the fundamental principle that “bail is the rule, and jail is the exception,” the Supreme Court on Friday ruled that an individual acquitted by a trial court must be released on bail when a high court reviews the acquittal order. The ruling came while setting aside two orders of the Delhi high court that stayed a discharge order in …

Courts Must Examine Judgments Of Acquittal Holistically To Arrive At Conclusion, Delhi High Court Sets Aside Judgment Of CAT
1 month ago

Courts Must Examine Judgments Of Acquittal Holistically To Arrive At Conclusion, Delhi High Court Sets Aside Judgment Of CAT

Live Law  

A Division Bench of the Delhi High Court comprising Justices C Hari Shankar and Ajay Digpaul set aside the judgment of the Central Administrative Tribunal by which the order of cancellation of the Respondent was quashed. The Counsel for the Respondent claimed before the Tribunal that the acquittal was honourable, however, as per the judgment of the Judicial Magistrate, the …

Acquittal In Criminal Case Doesn't Bar Departmental Proceedings Against Public Servant : Supreme Court
1 month, 2 weeks ago

Acquittal In Criminal Case Doesn't Bar Departmental Proceedings Against Public Servant : Supreme Court

Live Law  

The Supreme Court has recently noted that even if a public servant is acquitted in a corruption case due to a lack of evidence meeting the "beyond a reasonable doubt" standard, they may still face a departmental inquiry. The AAI appealed against a decision of the Calcutta High Court that overturned the employee's dismissal from services based on a departmental …

[S.138 NI Act] While Considering Suspension Of Sentence, Court Must See If Case Falls Under Any Exceptions: Andhra Pradesh HC Reiterates
2 months, 2 weeks ago

[S.138 NI Act] While Considering Suspension Of Sentence, Court Must See If Case Falls Under Any Exceptions: Andhra Pradesh HC Reiterates

Live Law  

The Andhra Pradesh High Court has reiterated that a plea for suspension of sentence is generally sought without any conditions, and when an accused seeks a blanket order like this, the responsibility is cast on the Court to determine whether the case falls under an exception. the high court said, “The Appellate Court in the impugned order referred to the …

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court
2 months, 2 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 …

Executing Court Cannot Go Behind Award To Modify Or Declare It Void: Madhya Pradesh High Court
3 months, 2 weeks ago

Executing Court Cannot Go Behind Award To Modify Or Declare It Void: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court bench of Justices Vivek Rusia and Binod Kumar Dwivedi has held that executing court cannot go behind the award or decree to modify or declare it void. Brief Facts This appeal has been filed against an order passed by the Executing Court by which while dismissing the petition, the court also set aside the award. …

In Acquittal Due To Compromise/Hostile Witness, Unjustified For Authorities To Put Honourable Acquittal Test In False Cases: Madhya Pradesh HC
3 months, 3 weeks ago

In Acquittal Due To Compromise/Hostile Witness, Unjustified For Authorities To Put Honourable Acquittal Test In False Cases: Madhya Pradesh HC

Live Law  

In a case concerning acquittal of an individual in a criminal case on account of witnesses turning hostile, the Indore Bench of Madhya Pradesh High Court has observed it is unjustified for the authorities to apply the test of honourable acquittal especially when the initial case was itself false. Thus, it cannot be said that the acquittal which has occasioned …

Denial Of Opportunity For Not Getting 'Honourable' Acquittal In Criminal Case Against Principle Of Reintegration Into Society: Rajasthan HC
4 months ago

Denial Of Opportunity For Not Getting 'Honourable' Acquittal In Criminal Case Against Principle Of Reintegration Into Society: Rajasthan HC

Live Law  

Rajasthan High Court has set aside an order of the Superintendent of Police rejecting the candidature of the Petitioner for the post of the Constable on the grounds that his acquittal in an FIR registered against him was not honourable, but due to lack of evidence. Denying the petitioner an appointment solely due to an FIR/trial, in which he has …

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI
Trending News
4 months, 1 week ago

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

Live Law  

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Findings of the Court: The Court referred to the Standing Order which specified the Guidelines in Clause 3, stating that an …

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI
Trending News
4 months, 1 week ago

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

Live Law  

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Findings of the Court: The Court referred to the Standing Order which specified the Guidelines in Clause 3, stating that an …

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder
4 months, 2 weeks ago

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder

Live Law  

A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain dismissed a Petition seeking to set aside the order of the Central Administrative Tribunal. Accordingly, invoking Article 311 of Constitution, the order stated that the Respondent could not be allowed to continue in police services and needed to be dismissed immediately without following …

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder
4 months, 2 weeks ago

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder

Live Law  

A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain dismissed a Petition seeking to set aside the order of the Central Administrative Tribunal. Accordingly, invoking Article 311 of Constitution, the order stated that the Respondent could not be allowed to continue in police services and needed to be dismissed immediately without following …

33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order
5 months, 3 weeks ago

33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order

Live Law  

While overturning a decision acquitting a man accused of murdering his first wife, the Rajasthan High Court observed that the trial court in its 1992 order had ignored the testimonies of the eyewitnesses due to minor contradictions as well as corroborative evidence, which was a patent error in law. The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri …

SC Refuses to Stay Sai Baba Acquittal
1 year ago

SC Refuses to Stay Sai Baba Acquittal

Deccan Chronicle  

New Delhi: Terming the Bombay High Court order clearing former Delhi University professor G.N. Saibaba and others in the Maoist links case “prima facie well-reasoned”, the Supreme Court on Monday rejected a Maharashtra government application seeking a stay on their acquittal in the case. “Prima facie, we find that the High Court order is well reasoned,” the bench said, with …

Supreme Court refuses to stay acquittal of former DU professor Saibaba, says there is no urgency
1 year ago

Supreme Court refuses to stay acquittal of former DU professor Saibaba, says there is no urgency

The Hindu  

The Supreme Court on Monday refused to stay the acquittal of former Delhi University professor G.N. Saibaba and five others by the Bombay High Court in a case under the Unlawful Activities Act, saying it would be “unusual” to show urgency to imprison a man whose innocence had been already proved by the judgment of a court of law. On …

[T P Chandrasekharan Murder] Kerala High Court Upholds Conviction Of Accused, Sets Aside Acquittal Of Two
1 year, 1 month ago

[T P Chandrasekharan Murder] Kerala High Court Upholds Conviction Of Accused, Sets Aside Acquittal Of Two

Live Law  

The Kerala High Court has today confirmed the conviction of the accused in the murder of T P Chandrasekharan under Section 302 and Section 120B. The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Kauser Edappagath while confirming the conviction held thus: “We sustain the conviction Of Anoop, Manoj Kumar @ Kirmani Manoj, N.K.Sunil Kumar @ Kodi Suni, Rajeesh Thondikkandi …

Acquittal Under Prevention Of Corruption Act Should Not Be Based Solely On Invalid Sanction: Supreme Court
1 year, 2 months ago

Acquittal Under Prevention Of Corruption Act Should Not Be Based Solely On Invalid Sanction: Supreme Court

Live Law  

The Supreme Court opined that acquittal under the Prevention of Corruption Act, 1988 cannot be based solely on invalid Sanction. “The Sessions Court could not have acquitted the accused only on the ground of alleged invalid sanction, without recording its findings on all the issues involved.,” the Court said. At the outset, the Court said that the Trial Court had …

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court
1 year, 5 months ago

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court

Live Law  

The Kerala High Court held that an accused can only be acquitted under Section 256 CrPC when there was a definite conclusion that the complainant does not wish to prosecute the complaint. Dias stated that the Court must not perfunctorily acquit an accused u/s 256 of CrPC. Such power must be exercised judicially and not whimsically or mechanically, the Court …

'Would Send Wrong Signals to Public': Kerala HC Declines to Suspend Conviction of NCP MP in Attempt-to-murder Case
1 year, 5 months ago

'Would Send Wrong Signals to Public': Kerala HC Declines to Suspend Conviction of NCP MP in Attempt-to-murder Case

News 18  

The Kerala High Court has rejected a plea by NCP MP Mohammed Faizal for suspension of his conviction in an attempt-to-murder case, stating that if persons with criminal antecedents are permitted to continue as Members of Parliament/Legislatures even after conviction, it would only send wrong signals to the public at large. The prayer of the 2nd petitioner for suspension of …

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court
1 year, 6 months ago

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court

Live Law  

While reversing an order of acquittal in a bribery case against a village officer, the Kerala High Court recently observed that CrPC does not mandate the appellate court to differentiate between the appeals against judgments of conviction or acquittal and that they have the same powers while dealing with both. It was also argued that the court below failed to …

Telangana High Court Directs Trial Court To Pass Fresh Order On Convict's Claim Of Juvenility In 2004 Rape Case, Over 13 Years After Dismissal Of SLP
1 year, 8 months ago

Telangana High Court Directs Trial Court To Pass Fresh Order On Convict's Claim Of Juvenility In 2004 Rape Case, Over 13 Years After Dismissal Of SLP

Live Law  

More than 13 years after the Supreme Court dismissed the SLP against his conviction in a rape case dating back to 2004, the Telangana High Court has directed the trial court to pass fresh order on the convict's claim of juvenility. The division bench of Justice K Lakshman and Justice Sree Sudha said the trial court shall conduct enquiry in …

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court
1 year, 9 months ago

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court

Live Law  

The Supreme Court recently upheld an order of Allahabad High Court which dismissed an appeal filed by a person, who was not named in the FIR, under Section 14A of the Scheduled Castes and Scheduled Tribes Act, 1989 against a summoning order to face the trial passed by a Special Court in exercise of power its under Section 319 of …

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
1 year, 10 months ago

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court

Live Law  

The Supreme Court recently upheld the decision of Madhya Pradesh High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances beyond reasonable doubt. Arguments The Counsel appearing for the State submitted before the Court that the testimony …

Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry
2 years ago

Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry

Live Law  

The Calcutta High Court at Jalpaiguri recently quashed criminal proceedings under section 406 and section 420 of IPC against a DSP, Government Railway Police, on the ground that allegations made against the petitioner did not depict any cognizable offence under the said provisions. The single judge bench of Justice Rai Chattopadhyay observed: “Peculiarly enough in this case the complaint discloses …

Externment Order Cannot Be Recorded On The Basis Of A Crime In Which Accused Was Acquitted: Bombay High Court
2 years, 1 month ago

Externment Order Cannot Be Recorded On The Basis Of A Crime In Which Accused Was Acquitted: Bombay High Court

Live Law  

The Bombay High Court recently held that subjective satisfaction for passing an externment order cannot be recorded on the basis of a crime in which the accused was acquitted. Justice G. A. Sanap sitting at Nagpur quashed an externment order observing – “The reliance upon the crimes in which the petitioner was acquitted would indicate that the inquiry was flawed. …

Orissa High Court Refuses To Reverse 29 Yrs Old Acquittal Order In 'Civil Dispute' Painted As Theft Case
2 years, 1 month ago

Orissa High Court Refuses To Reverse 29 Yrs Old Acquittal Order In 'Civil Dispute' Painted As Theft Case

Live Law  

The Orissa High Court has recently declined to interfere in an appeal against acquittal of some persons, which was recorded by a Magistrate Court in 1994, for allegedly cutting and removing away paddy from the complainant’s field. While dismissing the appeal, the Single Judge Bench of Justice Gourishankar Satapathy said: “One of the important facts, which weighed in the mind …

S. 378 CrPC | Right To Appeal Against Acquittal Should Be Used By The State Sparingly: Orissa High Court
2 years, 2 months ago

S. 378 CrPC | Right To Appeal Against Acquittal Should Be Used By The State Sparingly: Orissa High Court

Live Law  

The Orissa High Court has advised the State to exercise its right to appeal against acquittal, as provided under Section 378 of the Code of Criminal Procedure, sparingly and with circumspection. While denying the leave to prefer an appeal, the Single Judge Bench of Justice Sangam Kumar Sahoo remarked, “The right of appeal against acquittal vested in the State Government …

Complainant's Presence Not Necessary While Recording Plea Of Accused: Karnataka High Court Restores Complaint U/S 138 NI Act
2 years, 5 months ago

Complainant's Presence Not Necessary While Recording Plea Of Accused: Karnataka High Court Restores Complaint U/S 138 NI Act

Live Law  

The Karnataka High Court has said that an acquittal order cannot be passed by the trial court under section 138 of the Negotiable Instruments Act, for non-appearance of the complainant while recording plea of accused. When the matter was posted for recording plea of accused, JMFC dismissed the complaint for non- appearance of the complainant. Findings: The bench referring to …

Appellate Courts Must Bear In Mind There Is Prejudice In Favour Of Accused In Case Of Acquittal: Gujarat High Court
2 years, 6 months ago

Appellate Courts Must Bear In Mind There Is Prejudice In Favour Of Accused In Case Of Acquittal: Gujarat High Court

Live Law  

The Gujarat High Court, while dismissing an appeal against acquittal in a caste-based crime, reiterated that the Appellate Court has a limited scope of interfering with acquittal appeals since prejudice lies in favour of the Accused. Further, the Appellate Court can only interfere with the order of the Trial Court provided the order was manifestly unjust, perverse or contrary to …

Criminal Proceedings And Disciplinary Enquiry Can Go On Simultaneously: Andhra Pradesh High Court
2 years, 6 months ago

Criminal Proceedings And Disciplinary Enquiry Can Go On Simultaneously: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court placing reliance on multitude of decisions reiterated the point that disciplinary proceedings should not be stayed only on the sole ground that criminal proceedings are pending. Furthermore, Justice Ravi Nath Tilhari observed that the charges framed against the petitioner in the departmental proceedings were different from the charges in criminal proceedings …

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court
2 years, 7 months ago

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court

Live Law  

The Patna High Court recently observed that victim of a crime has absolute right to prefer an appeal against the order of acquittal and is not required to even seek leave to appeal, unlike a complainant. The observation came from a division bench of Justice Khatim Reza and Justice Chakradhari Sharan Singh: "A victim has absolute right to prefer an …

[42 Yr Old Murder Case] "Guilt Not Proved Beyond Reasonable Doubt": Allahabad High Court Upholds Acquittal Order
2 years, 8 months ago

[42 Yr Old Murder Case] "Guilt Not Proved Beyond Reasonable Doubt": Allahabad High Court Upholds Acquittal Order

Live Law  

Holding that the prosecution could not prove the guilt of the accused beyond a reasonable doubt, the Allahabad High Court on Tuesday upheld the acquittal order passed by the trial court in a 42-year-old murder case.The Bench of Justice Om Prakash-VII and Justice Narendra Kumar Johari was essentially dealing with a Government appeal filed against a 1985 jdgment. Holding that …

'Double Presumption Available In Favour Of Accused After Acquittal' : Supreme Court Restores Acquittal In Murder Case
2 years, 8 months ago

'Double Presumption Available In Favour Of Accused After Acquittal' : Supreme Court Restores Acquittal In Murder Case

Live Law  

The Supreme Court recently restored the acquittal of an accused in a murder case, after finding fault with the High Court for reversing the trial court's order. "While dealing with an appeal against acquittal by invoking Section 378 of the Cr.PC, the Appellate Court has to consider whether the Trial Court's view can be termed as a possible one, particularly …

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court
2 years, 10 months ago

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court

Live Law  

In a landmark decision, the Orissa High Court has held that honourable exoneration in departmental proceedings would warrant quashment of criminal prosecution which emanated from the same set of facts. While quashing criminal charges against the petitioner, a Single Judge Bench of Chief Justice Dr. S. Muralidhar held, "…in the facts and circumstances of the present case where on the …

"Incumbent Upon Govt Servants To Promptly Comply With Judicial Orders": Andhra Pradesh HC Sentences 3 IAS Officers To One Month Jail For Contempt
2 years, 10 months ago

"Incumbent Upon Govt Servants To Promptly Comply With Judicial Orders": Andhra Pradesh HC Sentences 3 IAS Officers To One Month Jail For Contempt

Live Law  

The Andhra Pradesh High Court recently sentenced 3 IAS officers to one month jail for contempt of court while observing that it is incumbent on Government servants to ensure that the orders of this Court are complied with promptitude. By an order in 2019, the court had directed the respondents to consider the candidature of the petitioner to the said …

Acquittal On Failure To Prove Beyond Reasonable Doubt Does Not Oust Disciplinary Proceedings Where Test Is Preponderance Of Probabilities: Delhi HC
2 years, 10 months ago

Acquittal On Failure To Prove Beyond Reasonable Doubt Does Not Oust Disciplinary Proceedings Where Test Is Preponderance Of Probabilities: Delhi HC

Live Law  

The Delhi High Court has observed that an acquittal in criminal proceedings in which the guilt of a person has to be held to have been proved beyond a reasonable doubt, does not preclude the disciplinary proceedings in which the charges of misconduct have to be established on a preponderance of probabilities.Justice Anu Malhotra observed that mere acquittal in the …

Execution Proceedings Not Maintainable Against Decision Of Court In A Petition Filed Under Section 34 Of The A&C Act: Telangana High Court
2 years, 11 months ago

Execution Proceedings Not Maintainable Against Decision Of Court In A Petition Filed Under Section 34 Of The A&C Act: Telangana High Court

Live Law  

The Telangana High Court has held that a Civil Court does not have the power to modify an arbitral award in an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award. Constructions filed an Execution Petition before the District Court seeking execution of the order passed modifying the arbitral award under …

UP Govt Apprises Allahabad High Court Of Its Circular Governing Procedure For Filing Govt Appeals Against Acquittal Orders
2 years, 11 months ago

UP Govt Apprises Allahabad High Court Of Its Circular Governing Procedure For Filing Govt Appeals Against Acquittal Orders

Live Law  

The Uttar Pradesh Government recently apprised the Allahabad High Court of its circular governing the procedure for filing the government appeal against the order of acquittal.This was done pursuant to two orders of the High court asking the State Government to furnish the details of the concerned. The Uttar Pradesh Government recently apprised the Allahabad High Court of its circular …

Right To Be Forgotten | Man Facing Difficulties In Getting Job Due To An Order By Which He Was Acquitted: Bombay HC Orders Its Removal From Court Website
2 years, 11 months ago

Right To Be Forgotten | Man Facing Difficulties In Getting Job Due To An Order By Which He Was Acquitted: Bombay HC Orders Its Removal From Court Website

Live Law  

The Bombay High Court recently ordered the removal of an acquittal order from the Court's website on a plea moved by a person/accused who was facing difficulties in getting job due to the acquittal order passed in his favor.Essentially, he had moved to the Court arguing that even though the order was one of acquittal, still it was descriptive, and …

Allahabad HC Seeks Details Of UP Govt's Circular Governing The Procedure For Filing Govt Appeals Against Acquittal Orders
2 years, 11 months ago

Allahabad HC Seeks Details Of UP Govt's Circular Governing The Procedure For Filing Govt Appeals Against Acquittal Orders

Live Law  

The Allahabad High Court has asked the Government of Uttar Pradesh to furnish the details of its policy/government order/circular governing the procedure for filing the government appeal against the order of acquittal.The Bench of Justice Sunita Agarwal and Justice Vikas Kunvar Srivastav issued this order after it dealt with two such government appeals on March 30, wherein. The Allahabad High …

Circumstances Under Which An Appeal Would Be Entertained Against An Order Of Acquittal: Supreme Court Explains
3 years, 2 months ago

Circumstances Under Which An Appeal Would Be Entertained Against An Order Of Acquittal: Supreme Court Explains

Live Law  

In a judgment delivered last week, the Supreme Court summarized the circumstances under which an appeal would be entertained by it from an order of acquittal.Ordinarily, this Court is cautious in interfering with an order of acquittal, especially when the order of acquittal has been confirmed upto the High Court. In a judgment delivered last week, the Supreme Court summarized …

Acquittal In A Criminal Trial Has No Bearing Or Relevance On The Disciplinary Proceedings: Supreme Court
3 years, 2 months ago

Acquittal In A Criminal Trial Has No Bearing Or Relevance On The Disciplinary Proceedings: Supreme Court

Live Law  

The Supreme Court observed that an acquittal in a criminal trial has no bearing or relevance on the disciplinary proceedings.The standard of proof in both the cases are different and the proceedings operate in different fields and with different objectives, the bench comprising Justices M R Shah and BV Nagarathna observed while setting aside an order passed by Industrial Court …

Natural Justice Principles Violated As Sufficient Time To Produce Acquittal Orders Not Provided: MP High Court Quashes Externment Order
3 years, 3 months ago

Natural Justice Principles Violated As Sufficient Time To Produce Acquittal Orders Not Provided: MP High Court Quashes Externment Order

Live Law  

The Madhya Pradesh High Court recently quashed an externment order passed against a man by holding that natural justice principles were violated as the man wasn't given sufficient time to produce the orders of acquittal in the cases in which he was already acquitted.The Bench of Justice Subodh Abhyankar also noted that if the man had been given an opportunity …

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court
3 years, 7 months ago

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court

Live Law  

The Supreme Court reiterated that brief reasons must be given in an order disposing an application for leave to appeal under Section 378 ofthe Code of Criminal Procedure 1973 against an order of acquittal.Merely observing that the order of the trial Judge has taken a possible view without an application of mind to the evidence and the findings is not …

Mere Acquittal In Case Involving Moral Turpitude Not Sufficient": Sikkim HC Upholds Full Court Resolution Withdrawing Appointment Of Civil Judge
3 years, 10 months ago

Mere Acquittal In Case Involving Moral Turpitude Not Sufficient": Sikkim HC Upholds Full Court Resolution Withdrawing Appointment Of Civil Judge

Live Law  

The Sikkim High Court on Monday ruled that acquittal of a person in a case involving moral turpitude by giving benefit of doubt is not sufficient to grant him employment. The above position of law was very recently re-affirmed by the Supreme Court in the case of State Of Rajasthan v. Love Kush Meena, where it was held, "The mere …

Allahabad High Court Lays Down Procedure & Standard Of Evidence For Enquiry Into Criminal Antecedents Of A Candidate During Selection Process
3 years, 11 months ago

Allahabad High Court Lays Down Procedure & Standard Of Evidence For Enquiry Into Criminal Antecedents Of A Candidate During Selection Process

Live Law  

In a significant judgment, the Allahabad High Court has laid down the procedure to be adopted by the competent authority for inquiring into the criminal antecedents of a candidate for the purpose of selection. Failure to prove an offence before a court of law in a 12 criminal trial may not reduce the probative value of said evidence before the …

[Breaking] Andhra Pradesh Govt. Moves SC Challenging AP HC's Stay Of FIR and Gag Order In Amaravati Land Case.
4 years, 6 months ago

[Breaking] Andhra Pradesh Govt. Moves SC Challenging AP HC's Stay Of FIR and Gag Order In Amaravati Land Case.

Live Law  

Andhra Pradesh Government has moved the Supreme Court against High Court Order restraining any media reporting as to the FIR registered by the Anti-Corruption Bureau alleging corruption and illegal land transactions in relation to the shift of the capital to Amaravti following the bifurcation of the erstwhile state of Andhra Pradesh in 2014.On September 16, the Andhra Pradesh High Court. …

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