Order Rejecting Plea For Extension Of Investigation Period From Initial 90 To 180 Days Under UAPA Appealable, Not Interlocutory: Delhi HC
3 months, 1 week ago

Order Rejecting Plea For Extension Of Investigation Period From Initial 90 To 180 Days Under UAPA Appealable, Not Interlocutory: Delhi HC

Live Law  

The Delhi High Court has recently held that an order rejecting the application for extension of period of investigation from initial 90 to 180 days under Section 43D of UAPA is an appealable order and not an interlocutory order. A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma said that the finality attached to such an order would be that the prosecution may be unable to again obtain custody of the accused, especially, in a case involving serious offences including under the UAPA. The Bench held as maintainable the petition filed by the Delhi Police challenging a trial court order that rejected its application seeking extension of time for concluding investigation against various accused persons beyond 90 days under Section 43D of the Unlawful Activities Act, 1967. Referring to various judicial precedents, the Bench said that dismissal of the application seeking extension of time has two clear consequences- accused is entitled to default bail and that the release would have a direct bearing on the investigation and the manner in which it would proceed.

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History of this topic

Delhi HC admits appeal against order acquitting man in 1984 anti-Sikh riots case
2 weeks, 4 days ago

Delhi HC admits appeal against order acquitting man in 1984 anti-Sikh riots case

Hindustan Times  

The Delhi high court on Monday admitted an appeal filed by the Delhi police against a city court’s 2022 order acquitting an individual in connection with a case stemming from the 1984 anti-Sikh riots. The court admitted the appeal filed in 2023, days after it had refused to accept the Delhi police’s appeal against the 30-year old city court’s order …

Delhi HC junks plea against 30-year-old order acquitting 16 in 1984 riots case
3 weeks, 3 days ago

Delhi HC junks plea against 30-year-old order acquitting 16 in 1984 riots case

Hindustan Times  

The Delhi high court has refused to accept an appeal put forward by the Delhi Police against a 30-year-old city court’s order to acquit 16 people in connection with a case stemming from the 1984 anti-Sikh riots. While this court is conscious of the large-scale quantum of human lives and property during the 1984 riots, after having seen the quantum …

Commissioner Cannot Use Its Power U/S 107(2) CGST Act To Review Order Passed By Appellate Authority: Delhi High Court
2 months, 3 weeks ago

Commissioner Cannot Use Its Power U/S 107(2) CGST Act To Review Order Passed By Appellate Authority: Delhi High Court

Live Law  

The Delhi High Court has made it clear that a Commissioner under the Central Goods and Services Tax Act 2017 cannot, in purported exercise of its powers under Section 107, sit in appeal over an order passed by the Appellate Authority. A division bench of Justices Yashwant Varma and Dharmesh Sharma ruled, “The Commissioner, while seeking to review an order …

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC
3 months ago

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that the High Court is not empowered to condone delay in filing appeal under National Investigation Agency Act beyond 90 days and provision of Section 21 is "mandatory" in nature. Courts creating distinction between appellant under Section 21 of the NIA Act for condoning the delay in preferring an appeal, would absolutely …

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC
3 months ago

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that the High Court is not empowered to condone delay in filing appeal under National Investigation Agency Act beyond 90 days and provision of Section 21 is "mandatory" in nature. Courts creating distinction between appellant under Section 21 of the NIA Act for condoning the delay in preferring an appeal, would absolutely …

Delhi HC refuses to intervene in order for revision in CLAT-2025 result
Trending News
3 months ago

Delhi HC refuses to intervene in order for revision in CLAT-2025 result

The Hindu  

The Delhi High Court on Tuesday refused to intervene in an order directing the Consortium of National Law Universities to revise the result of CLAT-2025 over errors in the answer key. A Bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela while dealing with an appeal by the consortium against the decision of a High Court single …

Statutory Appeal Period Under Customs Act, Appellate Authority Has No Power To Condone Delay: Delhi High Court
1 year, 5 months ago

Statutory Appeal Period Under Customs Act, Appellate Authority Has No Power To Condone Delay: Delhi High Court

Live Law  

The Delhi High Court has held that the appellate authority has no power to allow the appeal to be presented beyond the period of 30 days.The bench of Justice Yashwant Varma and Justice Dharmesh Sharma has relied on the decision of the Supreme Court in the case of Singh Enterprises vs. Commissioner of Central Excise, Jamshedpur & Ors., in which …

Arbitration Cases Weekly Round-Up: 10 July To 16 July 2023
1 year, 8 months ago

Arbitration Cases Weekly Round-Up: 10 July To 16 July 2023

Live Law  

Supreme Court: Can Ineligible Person Appoint Arbitrator? High Courts: Delhi High Court: “Counter-Balancing” Not Achieved When 2/3rd Members Of The Arbitral Tribunal To Be Appointed By One Party: Delhi High Court Case Title: Margo Networks Pvt Ltd & Anr vs. Railtel Corporation of India Ltd The Delhi High Court has ruled that where a party is required to appoint an …

Explained | UAPA, Extension Of Period Of Investigation Beyond 90 Days & Court's Duty
2 years, 1 month ago

Explained | UAPA, Extension Of Period Of Investigation Beyond 90 Days & Court's Duty

Live Law  

Unlawful Activities Act, 1967 is a stringent law that makes it almost impossible for an accused under it to get bail. Section 43D In case “it is not possible” for the investigating agency to complete the probe within the 90 days period, the court can grant additional 90 days to the agency for completion of the probe if it is …

High Court Refuses To Stay Lokpal's Order Directing CBI Probe Against MCD Officials Over Complaint Alleging Illegal Constructions In South Delhi
2 years, 3 months ago

High Court Refuses To Stay Lokpal's Order Directing CBI Probe Against MCD Officials Over Complaint Alleging Illegal Constructions In South Delhi

Live Law  

The Delhi High Court on Friday refused to stay an order passed by Lokpal of India directing Central Bureau of Investigation investigation against officials of the Municipal Corporation of Delhi over a complaint alleging illegal and unauthorized constructions in South Delhi area.As the counsel appearing for MCD prayed for interim protection and that the impugned order be. The Delhi High …

Further Investigation/Reinvestigation Can Be Ordered By High Court Under Section 482 CrPC In Appropriate Cases: Supreme Court
2 years, 5 months ago

Further Investigation/Reinvestigation Can Be Ordered By High Court Under Section 482 CrPC In Appropriate Cases: Supreme Court

Live Law  

The Supreme Court observed that the inherent powers under Section 482 CrPC can be exercised by a High Court to direct further investigation or even reinvestigation in an appropriate case. "The provisions of Section 173 CrPC do not limit or affect such powers of the High Court to pass an order under Section 482 CrPC for further investigation or reinvestigation, …

Interlocutory Order Passed By The Arbitrator, Rejecting Application For Amendment Of Claims; Not Challengeable Under Article 227: Delhi High Court
2 years, 6 months ago

Interlocutory Order Passed By The Arbitrator, Rejecting Application For Amendment Of Claims; Not Challengeable Under Article 227: Delhi High Court

Live Law  

The Delhi High Court has reiterated that all interlocutory orders passed by the Arbitral Tribunal are not amenable to challenge under Articles 226 and 227 of the Constitution of India. The High Court observed that in SBP & Co., the Apex Court had held that since the orders and awards passed by the Arbitral Tribunal were statutorily amenable to challenge …

'Govt Agency Not A Privileged Litigant': Calcutta High Court Refuses To Condone 302 Days Delay In Filing Appeal By CBI
2 years, 11 months ago

'Govt Agency Not A Privileged Litigant': Calcutta High Court Refuses To Condone 302 Days Delay In Filing Appeal By CBI

Live Law  

The Calcutta High Court has recently refused to grant relief under Section 5 of the Limitation Act to the Central Bureau of Investigation for condonation of delay of about 302 days in filing an appeal. Justice Bibek Chaudhuri remarked that the government agency is not a privileged litigant and no explanation is forthcoming as to why the heads of various …

Whether Request For Extension Of Pre-Charge Detention Under UAPA Should Meet The 'Threshold Of Impossibility'? Delhi HC To Examine
3 years, 3 months ago

Whether Request For Extension Of Pre-Charge Detention Under UAPA Should Meet The 'Threshold Of Impossibility'? Delhi HC To Examine

Live Law  

The Delhi High Court on Friday issued notice on a petition involving a question of law as to whether the request for extension of period of investigation and pre-charge detention under proviso to Section 43D of Unlawful Activities Act should meet the threshold of "impossibility".The proviso sates:"if it is not possible to complete the investigation within the said period. The …

"Tahir Hussain's Plea Challenging UAPA Charges In Riots Case Is Nothing But An Attempt To Short Circuit And Stall The Trial": Delhi Police To High Court
3 years, 6 months ago

"Tahir Hussain's Plea Challenging UAPA Charges In Riots Case Is Nothing But An Attempt To Short Circuit And Stall The Trial": Delhi Police To High Court

Live Law  

The Delhi Police has told Delhi High Court that the petition moved by former Aam Aadmi Party Councillor Tahir Hussain challenging the UAPA charges invoked against him in connection with the Delhi Riots larger conspiracy case, is nothing but an attempt to short circuit and stall the trial.Hussain had also sought quashing of sanction granted in the matter.In the reply …

UAPA- Delhi High Court Rejects Plea Against Extension Of Period Of Investigation And Detention Of 'Suspected Al-Qaeda Operatives'
4 years, 1 month ago

UAPA- Delhi High Court Rejects Plea Against Extension Of Period Of Investigation And Detention Of 'Suspected Al-Qaeda Operatives'

Live Law  

The High Court of Delhi on Thursday refused to set aside the Trial Court's order directing extension in the period of investigation and custody of the accused for a period of 45 days with directions to the investigating agency to expedite the investigation. A single Bench of Justice Rajnish Bhatnagar heard the plea by two accused NajmusSakib and Al Mamun …

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 …

Can CJM Extend Period Of Investigation For Case Registered Under UAPA?, Punjab & Haryana High Court To Examine [Read Order]
4 years, 4 months ago

Can CJM Extend Period Of Investigation For Case Registered Under UAPA?, Punjab & Haryana High Court To Examine [Read Order]

Live Law  

The Punjab and Haryana High Court has decided to examine whether a Chief Judicial Magistrate can grant extension of time to an investigating agency for completion of investigation in a criminal case registered under the provisions of the Unlawful Activities Prevention Act. The Petitioner's counsel, Advocate Saurav Bhatia had submitted that the since the Petitioner had been implicated under the …

[UAPA] Accused Has Right To Oppose Police Plea For Extension Of Time For Completion Of Investigation Beyond 90 Days But Cannot Be Provided Copy Of The Application:Delhi HC [Read Order]
4 years, 6 months ago

[UAPA] Accused Has Right To Oppose Police Plea For Extension Of Time For Completion Of Investigation Beyond 90 Days But Cannot Be Provided Copy Of The Application:Delhi HC [Read Order]

Live Law  

The Delhi High Court ruled that an accused has a right to be heard to oppose an application for extension of time for completion of investigation accruing out of the proviso to Section 167 of the Cr.P.C. for application to UAPA investigations, such detention can be extended to a period of 180 days beyond this time-limit of 90 days provided …

Police opposes former Congress municipal councillor’s plea in HC in UAPA case related to Delhi violence
4 years, 8 months ago

Police opposes former Congress municipal councillor’s plea in HC in UAPA case related to Delhi violence

The Hindu  

The Delhi Police Monday opposed in the Delhi High Court a plea by former Congress municipal councillor Ishrat Jahan, booked under anti-terror law UAPA in a case related to communal violence in northeast Delhi in February, challenging a trial court order extending the time for completing the investigation by 60 more days. The case came up for hearing through video …

Delhi Riots: Delhi HC Reserves Order In Ishrat Jahan's Plea Challenging The Extension Granted To Delhi Police For Completing Investigation Against Her
4 years, 8 months ago

Delhi Riots: Delhi HC Reserves Order In Ishrat Jahan's Plea Challenging The Extension Granted To Delhi Police For Completing Investigation Against Her

Live Law  

Delhi High Court has reserved order in a plea challenging the order dated 15/06/20 passed by ASJ Dharmender Rana wherein the police was granted an extension of 60 days to complete investigation in cases pertaining to Delhi riots against Congress Councillor Ishrat Jahan. Filed by Congress Counselor Ishrat Jahan, who herself is an accused in cases pertaining to Delhi riots, …

Delhi HC Issues Notice On Plea Challenging Extension Granted To File Charge Sheet in Delhi Riots Cases
4 years, 9 months ago

Delhi HC Issues Notice On Plea Challenging Extension Granted To File Charge Sheet in Delhi Riots Cases

Live Law  

Delhi High Court had issued notice in a plea challenging the order dated 15/06/20 passed by ASJ Dharmender Rana wherein the police was granted an extension of 60 days to complete investigation in cases pertaining to Delhi riots. The notice has been issued to the Delhi Government as well as the Delhi Police by the Single Bench of Justice Suresh …

[Breaking] Delhi HC Extends The Operation Of Interim Orders Subsisting On June 15 For One More Month In Light Of Continuing Lockdown [Read Order]
4 years, 9 months ago

[Breaking] Delhi HC Extends The Operation Of Interim Orders Subsisting On June 15 For One More Month In Light Of Continuing Lockdown [Read Order]

Live Law  

In light of the nationwide lockdown declared by the Central Government, the Delhi High Court has extended the operation of all the interim orders that were subsisting on 15/06/20 and expired or will expire thereafter. While taking the suo moto cognizance of the issues, the Division Bench of Chief Justice DN Patel, Justice Siddharth Mridul and Justice Talwant Singh have …

SC Order Extending Limitation Not Cloak For Investigating Agency To Claim Self-Serving Extension Under 167(2) Cr. P. C.': Rajasthan HC [Read Judgment]
4 years, 10 months ago

SC Order Extending Limitation Not Cloak For Investigating Agency To Claim Self-Serving Extension Under 167(2) Cr. P. C.': Rajasthan HC [Read Judgment]

Live Law  

The Rajasthan High Court on Friday rejected the contention that till the lockdown continues, the period prescribed in Section 167 Cr. P. C. stands automatically extended in view of the March 23 order of the Supreme Court, as it has the effect of binding law by virtue of Article 141/142. On March 23, the Apex Court had directed that the …

A Detailed Order Is Not Required Under Sec 228 Of CrPC, If There's A Prima Facie Ground : Delhi HC [Read Order]
5 years, 4 months 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 …

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, 8 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 …

Inherent Powers Under Sec.482 CrPC Cannot Be Invoked By Accused At Stage Of Investigation As No Proceeding Is Pending Against Him : Allahabad HC[Read Judgment]
6 years, 4 months ago

Inherent Powers Under Sec.482 CrPC Cannot Be Invoked By Accused At Stage Of Investigation As No Proceeding Is Pending Against Him : Allahabad HC[Read Judgment]

Live Law  

A petition filed under Section 482 of CrPC by the accused challenging an order of Magistrate directing reinvestigation by police was dismissed by the Allahabad High Court on the principle that accused has no right of hearing during investigation. The Court held that investigation cannot be regarded as a proceeding pending against the accused so as to invoke Section 482. …

CBI Probe Can Be Ordered Even If There Is No Inter-State Or International Ramifications: Allahabad HC [Read Order]
6 years, 10 months ago

CBI Probe Can Be Ordered Even If There Is No Inter-State Or International Ramifications: Allahabad HC [Read Order]

Live Law  

The decision for C.B.I. investigation has to be taken depending on the attending facts and circumstances and also to eliminate the element of any bias or influence, the bench said.The Allahabad High Court, while allowing a plea of the wife of a slain police officer to transfer the investigation into his death to the Central Bureau of Investigation, observed that …

Ordering Investigation U/S 156 (3) Cr.P.C is a revisable order; Bombay High Court [Read Judgment]
9 years, 5 months ago

Ordering Investigation U/S 156 (3) Cr.P.C is a revisable order; Bombay High Court [Read Judgment]

Live Law  

The Bombay High court held that the ordering investigation u/s 156 of the Code of Criminal procedure, not being an interlocutory order, butbeing a final order in a proceeding u/s 156 of the Code, is revisable under the revisional powers of the Sessions Court or the High Court. The court observed that the Magistrate,after having made an order u/s 156 …

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