HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court
4 months ago

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court

Live Law  

Reiterating that the High Court, as a court of record, derives its power to review judgments under Article 215 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized its obligation and duty to maintain accurate records within its jurisdiction, ensuring justice prevails in accordance with the law. Clarifying the mandate and obligation of the High Court as envisaged under Article 215 Justice Javed Iqbal Wani opined, “It would be appropriate to mention here that power to review its judgments by High Court is derived from Article 215 of the Constitution of India, which provides that every High Court shall be a court of record, and as such, the High Court has inherent power to correct its records, and has an obligation, rather duty, to maintain correct records within its jurisdiction in accordance with law” Background: The court was hearing a review petition arising from a judgment passed by the High Court on October 18, 2023. The court highlighted that the review mechanism cannot be used as an appeal in disguise and observed, "Thus, in this view of the matter therefore as well, it can safely be said that there could hardly be any justification in filing the instant review petition other than delaying the execution of the judgment and decree dated 16th October 2008 by the judgment debtors petitioners herein." Referring to Article 215 of the Constitution of India, the court reaffirmed that the High Court's authority to review its judgments stems from its status as a court of record.

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History of this topic

Trial Court Has No Inherent Powers To Recall Or Review Its Own Final Order: J&K High Court
2 weeks ago

Trial Court Has No Inherent Powers To Recall Or Review Its Own Final Order: J&K High Court

Live Law  

The Jammu and Kashmir High Court held that it is not open to the trial court to review its own final orders. A bench of Justice Sanjay Dhar said that the trial court had disposed of three separate applications filed by the petitioners for transferring custody from Uttar Pradesh to District Jail, Anantnag, and later recalled the said order. The …

Karnataka HC agrees to examine plea against its rules that allows destruction of court’s records periodically
2 weeks, 2 days ago

Karnataka HC agrees to examine plea against its rules that allows destruction of court’s records periodically

The Hindu  

The High Court of Karnataka has ordered the issue of a notice to its registry, the Central and State governments on a PIL petition, which has questioned the constitutional validity of the court’s rules that permit the destruction records of the cases after preserving them for 30 years and five years for different categories of records. Court of record Advocate …

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers
2 weeks, 2 days ago

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers

Live Law  

The Delhi High Court has observed that a Trial Court's order allowing the application of an accused for preservation of Call Detail Records and location data of CBI officers and independent witnesses is an 'interlocutory order' and thus a revision petition under Section 397 CrPC challenging the order is not applicable. It argued that the Trial Court's order prejudiced the …

'Shocking', 'Lower Court Records Not Received By Appellate Court For 5 Yrs': Punjab & Haryana HC Calls Judicial Officer's Actions 'Unacceptable'
1 month, 1 week ago

'Shocking', 'Lower Court Records Not Received By Appellate Court For 5 Yrs': Punjab & Haryana HC Calls Judicial Officer's Actions 'Unacceptable'

Live Law  

The Punjab & Haryana High Court has expressed shock at the actions of a judicial officer who failed to call for the lower court record of a case he was hearing on appeal for five years.The Court noted that the judge continued passing routine orders for five years without taking any effective steps to summon the case record from the …

Supreme Court Dismisses J&K Govt's Plea Against HC Direction To Create 334 Judicial Posts Within 60 Days
2 months ago

Supreme Court Dismisses J&K Govt's Plea Against HC Direction To Create 334 Judicial Posts Within 60 Days

Live Law  

The Supreme Court today dismissed Jammu and Kashmir government's challenge to a High Court order which directed the UT authorities to create 334 judicial posts within 60 days.A bench of Justices Hrishikesh Roy and SVN Bhatti passed the order, noting that the main matter is pending before the High Court and the observations contained in the impugned order - an …

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
3 months, 1 week ago

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC

Live Law  

The Kerala High Court has said that it is well-established that the High Court can under Article 226 of the Constitution consider the legality of orders passed by Tribunals, adding that it has ample powers to issue directions even when such reliefs are not specifically sought in the plea before the Tribunal. However, the High Court ordered that the disciplinary …

Errors Which Are Not Self-Evident, Have To Be Detected Cannot Justify Invoking Power Of Review Under O.47 R.1 CPC: J&K High Court
3 months, 3 weeks ago

Errors Which Are Not Self-Evident, Have To Be Detected Cannot Justify Invoking Power Of Review Under O.47 R.1 CPC: J&K High Court

Live Law  

Defining the boundaries of judicial review the Jammu and Kashmir and Ladakh High Court has emphasised that errors not evident on the face of the record cannot justify review under Order XLVII Rule 1 of the Civil Procedure Code. A bench of Justice Vinod Chatterji Koul held, “An error that is not self-evident and has to be detected by a …

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court
4 months ago

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court

Live Law  

The Bombay High Court recently clarified that writ courts shall not trench upon an alternate remedy provided by statute for granting any relief, by assuming jurisdiction under Article 226 of the Constitution. Similarly, writ courts shall not act as a court of appeal against the decision of the lower court or Tribunals, to correct errors of fact, observed the Division …

Indian Courts Are Not Bound By Foreign Insolvency Judgments From Non-Reciprocating Countries: Calcutta High Court
8 months, 3 weeks ago

Indian Courts Are Not Bound By Foreign Insolvency Judgments From Non-Reciprocating Countries: Calcutta High Court

Live Law  

The Calcutta High Court single judge bench of Justice Shampa Sarkar held that without a comprehensive cross-border insolvency framework, Indian courts do not recognize or enforce moratorium orders from non-reciprocating countries, such as the U.S., and thus are not obligated to stay ongoing suits due to such foreign proceedings. The trial judge rejected the Petitioner's application by holding that the …

S.58 UPVAT | In Revisional Jurisdiction, HC Must Uphold Sanctity Of Judgments/Orders, Must Intervene Only When There Are Compelling Reasons: Allahabad HC
11 months, 1 week ago

S.58 UPVAT | In Revisional Jurisdiction, HC Must Uphold Sanctity Of Judgments/Orders, Must Intervene Only When There Are Compelling Reasons: Allahabad HC

Live Law  

While elaborating the difference between 'appeal' and 'revision', the Allahabad High Court has held that in exercise of its revisional jurisdiction, the High court must uphold the sanctity of judgments and orders and intervene only when there are compelling reasons to do so. and others where the Allahabad High Court held that exercise of appellate jurisdiction involves both appreciation of …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
1 year ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

HC Erred In Setting Aside CM's Remarks Against IAS Officer's PAR : Supreme Court Allows Haryana Govt Appeal Against Ashok Khemka
1 year ago

HC Erred In Setting Aside CM's Remarks Against IAS Officer's PAR : Supreme Court Allows Haryana Govt Appeal Against Ashok Khemka

Live Law  

The Supreme Court today allowed Haryana government's challenge to a Punjab and Haryana High Court order, which set aside Chief Minister ML Khattar's remarks and overall grade regarding senior IAS Officer Ashok Khemka's Performance Appraisal Report. Against the same, Khemka approached the Punjab and Haryana High Court, which set aside the remarks and overall grade given by the Accepting Authority. …

Soft Copies Of HC/Trial Court Records Should Be Called As Soon As Leave Is Granted : Supreme Court Asks Registry To Obtain Instructions From CJI
1 year, 1 month ago

Soft Copies Of HC/Trial Court Records Should Be Called As Soon As Leave Is Granted : Supreme Court Asks Registry To Obtain Instructions From CJI

Live Law  

The Supreme Court has opined that the Registry should call for the soft copies of the records of the High Court and the Trial Court immediately after leave to appeal is granted in a petition challenging orders of conviction/acquittal. "In our opinion, whenever leave is granted in an appeal challenging the order of conviction or order of acquittal, there has …

HC Bench Bound By Judgment Of Coordinate Bench : Supreme Court Stresses Importance Of 'Judicial Discipline'
1 year, 2 months ago

HC Bench Bound By Judgment Of Coordinate Bench : Supreme Court Stresses Importance Of 'Judicial Discipline'

Live Law  

The Supreme Court, in its recent judgment, highlighted the importance of ensuring judicial discipline. “The rule of 'Judicial Discipline and Propriety' and the Doctrine of precedents has a merit of promoting certainty and consistency in judicial decisions providing assurance to individuals as to the consequences of their actions.” “Accordingly, when a decision of a coordinate Bench of same High court …

Delhi High Court Directs District Judges To Ensure Records Of Disposed Cases Are Immediately Transmitted To Record Room
1 year, 5 months ago

Delhi High Court Directs District Judges To Ensure Records Of Disposed Cases Are Immediately Transmitted To Record Room

Live Law  

The Delhi High Court has directed all the District Judges in the national capital to ensure that after disposal of a case, its records are immediately transmitted to the record room. A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula was dealing with a public interest litigation concerning the lack of standardised procedure for the acknowledgment …

High Court Directs Personal Appearance Of Jammu's Divisional Commissioner Over Repeated Failure To Produce Detention Records
1 year, 5 months ago

High Court Directs Personal Appearance Of Jammu's Divisional Commissioner Over Repeated Failure To Produce Detention Records

Live Law  

The Jammu and Kashmir High Court has ordered the personal appearance of the Jammu Divisional Commissioner on October 12 for repeated failure to produce detention records in a habeas corpus plea. The directions were passed by Justice Javed Iqbal Wani during the hearing of a habeas corpus petition filed by a man who is currently held in Kishtwar district jail …

Being Courts Of Record, High Courts Can Invoke Article 215 To Correct And Review Their Own Orders: Calcutta High Court
1 year, 6 months ago

Being Courts Of Record, High Courts Can Invoke Article 215 To Correct And Review Their Own Orders: Calcutta High Court

Live Law  

The Calcutta High Court has recently held that, as a Court of record, a High Court can review and correct its own orders by invoking its jurisdiction under Article 215 of the Constitution. Respondents also argued that Order XLVII Rule I of the Civil Procedure Code, 1908 which stipulates the threshold benchmark for a Court entertaining a review application, had …

HC Dismisses Habitual Offender's Plea
1 year, 8 months ago

HC Dismisses Habitual Offender's Plea

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court on Wednesday upheld the preventive detention of Salman Khan, who was detained under the Goondas Act for five crimes under sections of cheating, criminal intimidation and Pocso Act. HC stays disciplinary proceedings against cop Justice P. Madhavi Devi of the Telangana High Court on Wednesday stayed a departmental inquiry against a …

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused
1 year, 8 months ago

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused

Live Law  

While setting aside a rape conviction handed down 17 years ago, the Jammu & Kashmir and Ladakh High Court highlighted a crucial failure on the part of the Trial Court to adhere to the mandatory procedure outlined in Section 313 of the Criminal Procedure Code. It emphasized that convicting the appellant-accused solely based on incriminating evidence, without providing an opportunity …

‘Courts Below Failed To Properly Evaluate Evidence’: Supreme Court Acquits Two Convicts In 22 Year Old Murder Case
1 year, 9 months ago

‘Courts Below Failed To Properly Evaluate Evidence’: Supreme Court Acquits Two Convicts In 22 Year Old Murder Case

Live Law  

The Supreme Court recently set aside the conviction of two murder convicts under Sections 302, 34, 201 of IPC and Sections 4, 25 of Arms Act, on the ground that the prosecution failed to prove beyond reasonable doubt that the deceased was last seen alive in the company of the accused near the spot at the relevant time. It was …

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC
1 year, 10 months ago

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

Live Law  

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

Conviction Cannot Be Upheld In The Absence Of The Records Of The Trial Court: Supreme Court
1 year, 10 months ago

Conviction Cannot Be Upheld In The Absence Of The Records Of The Trial Court: Supreme Court

Live Law  

The Supreme Court has recently set aside the judgment of the Allahabad High Court which upheld the conviction of a person under Prevention of Corruption Act, on the ground that High Court shall not decide an appeal without calling for the records of the case from the Trial Court. The High Court noted that the record revealed that “the entire …

S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court
1 year, 11 months ago

S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently reiterated that power of the court under Section 311 CrPC to recall any witness or witnesses already examined or to summon any witness can be invoked even if the evidence in both sides is closed, so long as the court retains seisin of the criminal proceedings. The High Court observed …

Order XLVII CPC | Erroneous View Of Law Not A Ground For Review: Jammu & Kashmir High Court
1 year, 11 months ago

Order XLVII CPC | Erroneous View Of Law Not A Ground For Review: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir and Ladakh has reiterated that an erroneous view of law is not a ground for review and a court cannot rehear and correct an erroneous judgment by way of a review. A bench comprising Justice Sanjay Dhar passed the observation while hearing a petition seeking review of judgment passed by it, last year on December 23, …

Tax Authorities Should Maintain Discipline To Follow Decisions Of Higher Authorities : Supreme Court
2 years, 1 month ago

Tax Authorities Should Maintain Discipline To Follow Decisions Of Higher Authorities : Supreme Court

Live Law  

The Supreme Court, recently, observed that in order to avoid utter chaos in administration of tax laws, decisions made by higher authorities ought to be adhered to. The writ petitioner had questioned the jurisdiction of the Deputy Excise and Taxation Commissioner -cum-Revisional Authority to reopen proceedings, in exercise of suo motu revisional power conferred by section 34 of the VAT …

When A Private Entity Is Amenable To Writ Jurisdiction, Judicial Review Restricted To Public Functions: J&K&L High Court
2 years, 2 months ago

When A Private Entity Is Amenable To Writ Jurisdiction, Judicial Review Restricted To Public Functions: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that in cases where a private body is amenable to writ jurisdiction, the powers of judicial review are confined to actions which have an element of public duty involved. Adjudicating upon the matter the bench took support from the Supreme Court judgement in BCCI vs. Cricket Association of Bihar and …

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court
2 years, 3 months ago

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court

Live Law  

The Supreme Court reiterated that the courts ought to refrain from interfering with findings of facts recorded in a departmental inquiry except in circumstances where such findings are patently perverse or grossly incompatible with the evidence on record, based on no evidence.If principles of natural justice have been violated or the statutory regulations have not been adhered to or there. …

Bombay High Court Directs Lower Courts To Comply With SC, HC Orders & Processes Based On E-Copies; Amends Civil & Criminal Manual
2 years, 5 months ago

Bombay High Court Directs Lower Courts To Comply With SC, HC Orders & Processes Based On E-Copies; Amends Civil & Criminal Manual

Live Law  

The Bombay High Court amended the Civil Manual, 1986 and Criminal Manual 1980 directing compliance of Supreme Court and Bombay High court orders based on the e-copies without insisting on a hard copy of the same. Paragraph 675 states that the receiving Court should ensure compliance of Supreme Court and High Court orders when e-authenticated copies are communicated through the …

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court
2 years, 7 months ago

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court

Live Law  

The Delhi High Court has held that it cannot, while exercising jurisdiction under Article 226 or 227 of the Indian Constitution, in cases of departmental enquiries, re-appreciate evidence which has already been reasonably considered by the departmental authorities. A bench of Justice Chandra Dhari Singh also noted that it was not up to the High Court to adjudge upon the …

Section 482 CrPC - High Court Can Recall Judgment/Order Which Was Passed Without Hearing A Person Prejudically Affected By It: Supreme Court
2 years, 7 months ago

Section 482 CrPC - High Court Can Recall Judgment/Order Which Was Passed Without Hearing A Person Prejudically Affected By It: Supreme Court

Live Law  

The Supreme Court observed that a High Court has inherent power under Section 482 CrPC to recall a judgment/order which was passed without hearing a person prejudicially affected by it.In this case, the allegation against the accused was that they had cheated the deceased of Rs.2,35,73,200/- and thus the deceased, who was in acute financial crunch, was constrained to take …

Calcutta High Court Reiterates Principles Governing HC's Jurisdiction To Review Own Judgment Passed In Writ Plea
2 years, 7 months ago

Calcutta High Court Reiterates Principles Governing HC's Jurisdiction To Review Own Judgment Passed In Writ Plea

Live Law  

The Calcutta High Court recently reiterated the principles governing HC's power/jurisdiction to review its own judgment passed in a writ plea. The Court also stressed that the Court has very limited scope to review its own rulings.The bench of Justice Shekhar B. Saraf essentially reiterated the principles of review as observed in the case of The State of West Bengal …

High Court Has Absolute & Exclusive Disciplinary Control Over District Judiciary Under Article 235 : J&K&L High Court
2 years, 8 months ago

High Court Has Absolute & Exclusive Disciplinary Control Over District Judiciary Under Article 235 : J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently held that control over the District Judiciary vested in the High Court in Article 235 of the Constitution of India is complete and absolute and provided only to ensure the independence of the judiciary and to achieve effective separation of powers. A Division Bench of Chief Justice Pankaj Mithal and Justice …

Application To Correct Decree Can Be Maintained Only Before High Court Once Trial Decree Merges With HC Judgment: Supreme Court
3 years, 1 month ago

Application To Correct Decree Can Be Maintained Only Before High Court Once Trial Decree Merges With HC Judgment: Supreme Court

Live Law  

The Supreme Court has observed that in cases where the decree passed by the trial court merges with judgment and decree passed by the High Court, then the application for correction of decree can only be maintained before the High Court where the decree was confirmed.The bench of Justices AM Khanwilkar and CT Ravikumar was considering SLP assailing Karnataka High …

Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court
3 years, 1 month ago

Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court

Live Law  

The Supreme Court observed that a High Court, while exercising its powers of judicial review, is not required to re-appreciate the evidence and/or interfere with the findings recorded by the inquiry officer accepted by the disciplinary authority.In this case, the appellant was serving as a Branch Officer of a Bank. The Supreme Court observed that a High Court, while exercising …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
3 years, 1 month ago

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution

Live Law  

While remarking that it is a classic case where the execution proceedings themselves become a second round of litigation and it takes ages for the decree holder to realize the fruits of success of a decree with judgment debtors assisted innovatively, the Supreme Court recently dismissed a SLP assailing Delhi High Court's order.The bench of Justices SK Kaul and MM …

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court
3 years, 4 months ago

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court

Live Law  

The Supreme Court reiterated that a High Court in a criminal appeal under Section 374 of Code of Criminal Procedure is duty bound to consider the entirety of the evidence. In the exercise of its appellate jurisdiction, the High Court was required to evaluate the evidence on the record independently and to arrive at its own findings as regards the …

Supreme Court Stays Kerala HC Order Allowing Trial Court Enquiry Against ED Officials Over Alleged Fabrication Of Evidence In Gold Smuggling Case
3 years, 4 months ago

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

Live Law  

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

Being A Court Of Record, High Court Can Review Its Own Judgments Under Article 226 Of the Constitution: Kerala High Court
3 years, 9 months ago

Being A Court Of Record, High Court Can Review Its Own Judgments Under Article 226 Of the Constitution: Kerala High Court

Live Law  

The Kerala High Court on Friday iterated the legal proposition that High Courts as Courts of Record could review their own orders. Affirming the stance of the Single Judge, the Court said, "Discussion of facts made above would make it clear that while rendering the impugned judgment, learned single Judge was under the impression that the entire facts and circumstances …

'Our Conduct Unbecoming Of The Majesty High Court Commands': Sitting Calcutta HC Judge Takes Objection To Listing Of Narada Case
3 years, 9 months ago

'Our Conduct Unbecoming Of The Majesty High Court Commands': Sitting Calcutta HC Judge Takes Objection To Listing Of Narada Case

Live Law  

"Our conduct is unbecoming of the majesty the High Court commands," said Justice Arindam Sinha, a Sitting Judge of the Calcutta High Court while expressing reservations on the manner in which the transfer plea filed by Central investigation agency— CBI in the Narada scam case, was listed before a Division Bench on May 17. However, the first Division Bench look …

High Court Shall Apply Its Mind To The Entirety Of The Case While Deciding A Criminal Appeal, Reiterates Supreme Court
3 years, 10 months ago

High Court Shall Apply Its Mind To The Entirety Of The Case While Deciding A Criminal Appeal, Reiterates Supreme Court

Live Law  

While deciding a criminal appeal on merits, the High Court is required to apply its mind to the entirety of the case including the evidence on the record before arriving at its conclusion, the Supreme Court reiterated.The bench of Justices DY Chandrachud and MR Shah observed thus while allowing an appeal against an Allahabad High Court judgment which reversed the …

Misplacing SC's Order From High Court Records: Supreme Court Directs Allahabad HC Chief Justice To Inquire, Take Action Against Erring Officials
3 years, 11 months ago

Misplacing SC's Order From High Court Records: Supreme Court Directs Allahabad HC Chief Justice To Inquire, Take Action Against Erring Officials

Live Law  

In view of the Allahabad High Court's inquiry, which concluded that though an order of Supreme Court was received by it, the same wasn't communicated to the Concerned Judge, the Supreme Court on Monday, in suo moto proceedings, directed the High Court's Chief Justice to fully investigate the matter under the administrative directions. The Bench of Justice D. Y. Chandrachud …

Corruption Is An Offence Against Society: Supreme Court Sets Aside Gujarat HC Judgment Acquitting An Accused
4 years, 1 month ago

Corruption Is An Offence Against Society: Supreme Court Sets Aside Gujarat HC Judgment Acquitting An Accused

Live Law  

Offences under the Prevention of Corruption Act are offences are against the society, the Supreme Court observed while setting aside a Gujarat High Court judgment acquitting an accused in a corruption case.In this case, the accused, who was an Assistant Director in ITI, Gandhi Nagar was convicted for the offences punishable under Section 7 read with Sections 13 and 13. …

Ex-AP High Court Judge Moves Supreme Court Against HC Order For Probe Into Phone Call Conspiracy Against CJ & SC Judge
4 years, 3 months ago

Ex-AP High Court Judge Moves Supreme Court Against HC Order For Probe Into Phone Call Conspiracy Against CJ & SC Judge

Live Law  

Retired Andhra Pradesh High Court Judge, Justice V. Eswaraiah. has moved the Supreme Court against a Division Bench order of the Andhra Pradesh High Court which directed an investigation into a an alleged private phone conversation between him and a suspended District Munsif Magistrate of Andhra Pradesh after alleging that the phone call disclosed a "serious conspiracy" against the High. …

Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi
4 years, 4 months ago

Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi

Live Law  

The Delhi High Court on Friday issued notice to the CBI on BJP MP Maneka Gandhi's plea challenging a trial court order rejecting its closure report in a graft case against her and two others and directing further investigation in the matter. The then Special Judge CBI at Patiala House Courts while contemplating the said closure report directed for reinvestigation …

Allahabad HC To Pronounce Judgment In Dr. Kafeel Khan's Habeas Corpus Plea Today
4 years, 6 months ago

Allahabad HC To Pronounce Judgment In Dr. Kafeel Khan's Habeas Corpus Plea Today

Live Law  

The Allahabad High Court is set to pronounce verdict in the habeas corpus plea filed on behalf of Dr. Kafeel Khan today, i.e. The Division Bench comprising Chief Justice Govind Mathur and Justice Saumitra Dayal Singh had reserved judgment in the matter after perusing the original record of the proceedings against Dr. Khan under the NSA. However, a bench comprising …

'Advocate-on-Record' System In Supreme Court & High Courts
4 years, 8 months ago

'Advocate-on-Record' System In Supreme Court & High Courts

Live Law  

Last month, the Registrar General of the Kerala High Court sent a communication to Kerala High Court Advocates' Association, asking them to place a report on the proposal of introducing Advocate on Record system in the High Court. Section 34 empowers the High Court to make rules laying down the conditions subject to which an advocate shall be permitted to …

Can High Court Order Registration Of FIR?: SC Reiterates Observations In Sakiri Vasu Judgment [Read Order]
5 years ago

Can High Court Order Registration Of FIR?: SC Reiterates Observations In Sakiri Vasu Judgment [Read Order]

Live Law  

The High Court could not have directed the registration of an FIR, said the Supreme Court in a judgment delivered today reiterating the observations in celebrated judgment in Sakiri Vasu v. State Of Uttar Pradesh. The bench of Justices NV Ramana, Mohan M. Shantanagoudar and Sanjiv Khanna set aside a High Court order which directed the police to register a …

High Courts Are Not Precluded From Entertaining Writ Petitions Even If There Are Disputed Questions Of Facts: SC [Read Judgment]
5 years, 1 month ago

High Courts Are Not Precluded From Entertaining Writ Petitions Even If There Are Disputed Questions Of Facts: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a High Court is not precluded from entertaining a writ petition under Article 226 of the Constitution of India even if there are disputed questions of fact which fall for consideration but if they do not require elaborate evidence to be adduced. The bench of CJI SA Bobde, Justices BR Gavai and Surya Kant, …

HCs Have Power To Dispense With Disciplinary Proceedings For Dismissing Judicial Officers By Recording Reasons: SC [Read Judgment]
5 years, 4 months ago

HCs Have Power To Dispense With Disciplinary Proceedings For Dismissing Judicial Officers By Recording Reasons: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the High Courts have power to dispense with the disciplinary proceedings by invoking clause of the second proviso to Article 311 of the Constitution of India, by recording reasons, for In this case, a Full Court resolution was passed for dismissal of the judicial officers from judicial service in the State Government of Bihar, …

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