Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction
14 hours, 46 minutes ago

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction

Live Law  

The Punjab & Haryana High Court set aside the conviction in a murder case against multiple accused persons wherein the Trial Court gave a common verdict after reviewing its earlier order directing to try them separately. Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when the earlier passed order by the then learned Additional Sessions Judge, Rewari, on 02.07.2001, wherebys, the trial qua co-accused Davender was ordered to be separated from the trial, as became entered upon other seven co- accused, rather remaining unchallenged, wherebys, it acquired binding and conclusive effect. Contrarily, with the learned trial Judge while allowing the said application, whereto, no protest was made by the learned defence counsel, thus has impermissibly reviewed the earlier order dated 02.07.2001, vide which the trial in Sessions case titled as State Vs. Davender was separated from the trial entered qua Sessions case titled as State Vs. Avtar Singh and Others." While setting aside the conviction order, the Court remanded the matter back to the Trial Court and directed to try the accused persons separately by assigning a separate case number.

Trial Court Haryana Trial Court Order State Accused Separate Murder Case Advocate Sessions  accused  sets  punjab  order  passes  multiple  trial  vs  murder  case  reviewing  learned  verdict  advocate  separate  court  singh

History of this topic

Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case
3 weeks ago

Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case

Live Law  

The Punjab & Haryana High Court has dismissed the plea filed by Congress MLA Mamman Khan against segregation of his trial by the trial court in Nuh from other accused in connection with the July 2023 Nuh violence case. Justice Mahabir Singh Sindhu said, "in view of the charges framed by learned trial Court, prima facie, it is discernible that …

P&H High Court Enhances Fine In Double Murder Case To ₹2 Lakhs, Says There Should Be No Disparity Of Amount Between Co-Convicts
4 weeks, 2 days ago

P&H High Court Enhances Fine In Double Murder Case To ₹2 Lakhs, Says There Should Be No Disparity Of Amount Between Co-Convicts

Live Law  

The Punjab & Haryana High Court has upheld the conviction in a double murder case of four convicts, observing that the fine of Rs.50,000 imposed on one convict was "extremely minimal" and there should not be a disparity of fine amount among co-convicts.Justice Sureshwar Thakur and Kuldeep Tiwari said, "the imposition of the fine amount of Rs.50,000/- upon the convict.Gurdev …

When Personal Appearance Of Accused Is Not Indispensable, Granting Exemption May Facilitate Effective Disposal Of Trial: Punjab & Haryana HC
1 month ago

When Personal Appearance Of Accused Is Not Indispensable, Granting Exemption May Facilitate Effective Disposal Of Trial: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has granted exemption from personal appearance to a British citizen involved in a criminal case, observing that applications for exemption should be decided liberally. If the Courts become liberal in granting exemption from personal appearance, it would reduce the avoidable footfall in the Courts and would facilitate the effective dispose of the trial. These …

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
1 month, 1 week ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law  

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

Partial Compromise With Some Accused In Criminal Case Not Allowed, Victim Can't Be Driver Of Criminal Justice System: Punjab & Haryana HC
1 month, 3 weeks ago

Partial Compromise With Some Accused In Criminal Case Not Allowed, Victim Can't Be Driver Of Criminal Justice System: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that partial compromise with some accused in a criminal case, where there are multiple accused persons, cannot be allowed. A division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "To ensure that the victim/complainant, does not become the driver of the criminal justice system, through makings of piecemeal settlements, thereupons …

Bigamy | FIR Along With Conviction Can Be Quashed On Basis Of Compromise At Stage Of Appeal/ Revision: Punjab & Haryana High Court
2 months ago

Bigamy | FIR Along With Conviction Can Be Quashed On Basis Of Compromise At Stage Of Appeal/ Revision: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has set aside a conviction and sentencing order along with the FIR in a bigamy case, on account of compromise entered between the parties.Justice Sumeet Goel said, "Section 528 of BNSS, 2023 reflects peerless powers, which a High Court may draw upon as necessary whenever it is just and equitable to do so, in …

Punjab & Haryana High Court Awards Life Sentences To Three Army Officers In 1998 Murder Case
2 months ago

Punjab & Haryana High Court Awards Life Sentences To Three Army Officers In 1998 Murder Case

Live Law  

The Punjab & Haryana High Court has convicted three formers army officers and another in a 1998 murder case, wherein they shot a man dead in Haryana's Sonepat.The Court while overturning the trial court's decision of acquittal granted to the convicts, rejected the plea of alibi taken by the army officers. The Punjab & Haryana High Court has convicted three …

High Court Rejects Plea to Provide One Opportunity for Disclosure in Framing of Charges Case
2 months, 2 weeks ago

High Court Rejects Plea to Provide One Opportunity for Disclosure in Framing of Charges Case

Live Law  

The Punjab & Haryana High Court has stated that after framing of charges, the prosecution must give only one opportunity of disclosure and the accused may choose to avail of this facility. The court also requires the prosecution to furnish only the list of statements, documents, material objects and exhibits, which are not relied upon by the investigating officer. The …

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 …

'Witnesses Cannot Be Expected To Present Parrot-Like Version Before Trial Court': Punjab & Haryana High Court Upholds Conviction In Murder Case
7 months, 1 week ago

'Witnesses Cannot Be Expected To Present Parrot-Like Version Before Trial Court': Punjab & Haryana High Court Upholds Conviction In Murder Case

Live Law  

The Punjab & Haryana High Court has upheld the conviction in a murder case observing that the witnesses cannot be expected to present parrot-like version to the Trial Court.The Court rejected the "various inconsistencies appearing in the testimonies" of witnesses contended by the accused.Justice Gurvinder Singh Gill and Justice N.S. The Punjab & Haryana High Court has upheld the conviction …

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court
8 months ago

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court

Live Law  

The Supreme Court on Wednesday held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him. Affirming the decision of the High Court and Trial Court, the bench comprising Justices BR Gavai and Sandeep Mehta declined to aside the conviction of the accused merely because …

Trial Court Cannot Morally Convict Accused In Absence Of Legal Proof: Karnataka High Court Sets Aside Murder Conviction, Life Sentence
8 months, 3 weeks ago

Trial Court Cannot Morally Convict Accused In Absence Of Legal Proof: Karnataka High Court Sets Aside Murder Conviction, Life Sentence

Live Law  

The Karnataka High Court has set aside the murder conviction and life sentence imposed on three accused of setting ablaze a woman. Citing prosecution's failure to establish its case beyond reasonable doubt, a Division bench of Justice Sreenivas Harish Kumar and Justice S Rachaiah remarked, “It appears that the trial court has morally convicted the accused in the absence of …

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
8 months, 3 weeks ago

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers

Live Law  

Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat. “In this background, the court feels that an exercise of sensitization of the police officers and judicial officers …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
8 months, 4 weeks ago

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the Trial Court can exercise power under Section 311 of CrPC not only on a plea by a party to the trial including accused, prosecution, complainant and witness or on its own volition, but also on a plea of a person "who is seemingly rank stranger to the trial. The Punjab …

Delhi High Court Orders Day To Day Trial In 2017 Haryana Judicial Paper Leak Case
11 months, 2 weeks ago

Delhi High Court Orders Day To Day Trial In 2017 Haryana Judicial Paper Leak Case

Live Law  

The Delhi High Court has asked a trial court in the national capital to expedite the trial in the case concerning the paper leak of Haryana Civil Services Preliminary Examination, 2017, and take up the same on a day-to-day basis. Justice Dinesh Kumar Sharma directed the trial court to dispose of the matter positively on or before April 15 and …

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court
1 year ago

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court

Live Law  

The Supreme Court has observed that when the prosecution case is solely based on the circumstantial evidence, then the courts must be vigilant while examining the facts proving the circumstantial evidence i.e., it must be consistent with the hypothesis of the guilt of the accused and should be free from doubts, improbabilities and inconsistencies. Reversing the concurrent findings of the …

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court
1 year ago

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court

Live Law  

Recently, the Supreme Court, observed that in a case where the appellant/complainant was an interested sole eyewitness being the father of the deceased and had long enmity with the accused persons, his testimony has to be examined with great caution. The Bench of Justices Abhay S. Oka and Pankaj Mithal made these observations while affirming the impugned order of the …

Don’t hold up trials without stay order: HC to lower courts
1 year, 1 month ago

Don’t hold up trials without stay order: HC to lower courts

Hindustan Times  

The Punjab and Haryana high court has directed the lower courts in Punjab, Haryana and Chandigarh to continue with trial court proceedings unless there is a specific order of stay in the matter in question. The Punjab and Haryana high court has issued “specific directions” to the trial courts to continue with their proceedings unless a stay was granted on …

S.149 IPC - Prosecution Must Prove Accused Was Aware Of Offences Likely To Be Committed To Achieve Common Object: Supreme Court
1 year, 2 months ago

S.149 IPC - Prosecution Must Prove Accused Was Aware Of Offences Likely To Be Committed To Achieve Common Object: Supreme Court

Live Law  

The Supreme Court recently emphasized the importance of concrete evidence to establish the common object in cases involving Section 149 of the Indian Penal Code. "To convict a person under Section 149 IPC prosecution has to establish with the help of evidence that firstly, appellants shared a common object and were part of unlawful assembly and secondly, it had to …

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal
1 year, 4 months ago

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal

The Hindu  

The Supreme Court on Tuesday set aside an order of a Single Judge Bench of the Kerala High Court suspending the conviction of Lok Sabha member in an attempt-to-murder case. ‘Societal interest’ In January, the Single Judge Bench of the High Court had suspended Mr. Faizal’s conviction on the ground that societal interest lay in averting an expensive election. However, …

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
1 year, 4 months ago

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses

Live Law  

The High Court, in its order passed on May 27, 2022, had adopted the directions issued by the Madhya Pradesh High Court in Rambahor Saket and others vs State of M.P. and reiterated those guidelines as follows- The Supreme Court recently set aside the directions issued by the Punjab & Haryana High Court regarding issuance of summons to prosecution witnesses …

Punjab & Haryana High Court Revives Contempt Petition Against Additional Session Judge, Who Acquitted Murder Accused Despite Stay Order
1 year, 5 months ago

Punjab & Haryana High Court Revives Contempt Petition Against Additional Session Judge, Who Acquitted Murder Accused Despite Stay Order

Live Law  

The Punjab & Haryana High Court has revived contempt proceedings against the then Additional Session Judge of Kapurthala, who despite the stay order of the High Court acquitted the accused in a 2016 murder case. A contempt petition was filed against the judge for disobeying the order of the High Court and in 2019 it directed the Registrar Vigilance to …

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused
1 year, 6 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 …

Trial Court’s Failure To Specify How Sentences Would Run After Conviction Does Not Mean Sentences Are To Run Consecutively: Rajasthan High Court
1 year, 7 months ago

Trial Court’s Failure To Specify How Sentences Would Run After Conviction Does Not Mean Sentences Are To Run Consecutively: Rajasthan High Court

Live Law  

The Rajasthan High Court has held that mere absence of a direction by the trial court on how a sentence would run does not mean that the court intended for the sentences to run consecutively. While dealing with an NDPS case where the trial court failed to mention how the sentences of the accused, who were awarded 14 years rigorous …

Supreme Court stays Allahabad HC order on examining ‘kundali’ of rape victim
1 year, 7 months ago

Supreme Court stays Allahabad HC order on examining ‘kundali’ of rape victim

Live Mint  

The Supreme Court on Saturday stayed the Allahabad High Court verdict which directed the Head of Department in Lucknow University to determine if an alleged rape victim is a Mangali/Mangalik by examining her 'Kundali' in three weeks. Taking a suo moto cognizance of the order delivered by the Lucknow bench of the High Court, the apex court questioned the relevance …

‘Courts Below Failed To Properly Evaluate Evidence’: Supreme Court Acquits Two Convicts In 22 Year Old Murder Case
1 year, 7 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 …

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
1 year, 7 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 …

High Court Reserves Order On Delhi Police’s Plea Against Order Discharging Sharjeel Imam, Others In Jamia Violence Case
1 year, 9 months ago

High Court Reserves Order On Delhi Police’s Plea Against Order Discharging Sharjeel Imam, Others In Jamia Violence Case

Live Law  

The Delhi High Court on Thursday reserved order in the revision petition filed by Delhi Police against the trial court order discharging Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and eight others in the 2019 Jamia violence case.Justice Swarana Kanta Sharma reserved the order after hearing Additional Solicitor General Sanjay Jain and the lawyers representing the respondents who. The Delhi …

Kerala High Court Refuses To Interfere With Trial Court's Order For In-Camera Proceedings In Koodathayi Murder Case
1 year, 9 months ago

Kerala High Court Refuses To Interfere With Trial Court's Order For In-Camera Proceedings In Koodathayi Murder Case

Live Law  

The Kerala High Court on Monday refused to interfere with the order of the trial court that directed proceedings to be held in-camera in the trial for the murder of Roy Thomas, where his wife Jolly Joseph is the prime accused.A single bench of Justice Bechu Kurian Thomas said,"Unless the applicant is able to show that prejudice has been caused …

Punjab And Haryana High Court Orders Sensitization Of Trial Courts About Significance Of Timely Disposal Of Injunction Applications
1 year, 10 months ago

Punjab And Haryana High Court Orders Sensitization Of Trial Courts About Significance Of Timely Disposal Of Injunction Applications

Live Law  

The Punjab and Haryana High Court recently directed the Presiding Officers of Trial Courts and District Judges of the States of Punjab, Haryana and Union Territory of Chandigarh for sensitizing Presiding Officers of Trial Courts about the significance and importance of timely disposal of injunction applications. It was the case of petitioner-defendant that the trial court after granting ex parte …

'Affects Independence Of District Judiciary' : Supreme Court Stays HC Order Asking Trial Court To Give Explanation For Granting Bail
1 year, 10 months ago

'Affects Independence Of District Judiciary' : Supreme Court Stays HC Order Asking Trial Court To Give Explanation For Granting Bail

Live Law  

The Supreme Court on Friday stayed an order issued by the Madhya Pradesh High Court, which had directed a trial court judge to provide justification for granting bail to an accused. While staying the order of the High Court, the bench opined that such orders of the High Court had the potential to undermine the independence of the district judiciary …

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 …

IO Omits Appearance As Prosecution Witness Despite Arrest Warrant: Punjab & Haryana HC Says Trial Court Not Powerless, Can Take Coercive Steps
2 years, 1 month ago

IO Omits Appearance As Prosecution Witness Despite Arrest Warrant: Punjab & Haryana HC Says Trial Court Not Powerless, Can Take Coercive Steps

Live Law  

The Punjab and Haryana High Court recently set aside a Trial Court order closing prosecution evidence after the Investigating Officer in the case failed to appear as witness despite multiple attempts. Justice Jasjit Singh Bedi observed that the trial court is not powerless in such cases and that it ought to have taken coercive steps against the official witness. "In …

J&K&L High Court Orders Expeditious Trial In Nadimarg Kashmiri Pandit Massacre Case, Proceedings To Resume After A Decade
2 years, 2 months ago

J&K&L High Court Orders Expeditious Trial In Nadimarg Kashmiri Pandit Massacre Case, Proceedings To Resume After A Decade

Live Law  

The Jammu & Kashmir and Ladakh High Court on Saturday allowed a revision petition of J&K Police in the 2003 Nadimarg massacre case — the verdict means the trial which had abruptly halted more than a decade back can now resume.Justice Vinod Chatterji Koul in the judgment pronounced today afternoon ordered the trial court to take all necessary measures for …

Trial/Appellate Court Has Full Discretion To Order Sentences To Run Concurrently: Supreme Court
2 years, 6 months ago

Trial/Appellate Court Has Full Discretion To Order Sentences To Run Concurrently: Supreme Court

Live Law  

The Supreme Court observed that Trial court and Appellate Court has full discretion to order sentences for two or more offences at one trial to run concurrently.In this case, the Trial Court convicted the accused for the charges under Sections 409, 420, 409 read with Section 120­B and 420 read with Section 1 120B of the Indian Penal Code and …

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court
2 years, 6 months ago

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court

Live Law  

The Meghalaya High Court has set aside the conviction and the ensuing punishment of a murder accused due to failure of the Trial Court to discharge its duties properly as provided under Section 313 of the Code of Criminal Procedure, 1973. While passing an order for re-trial from the stage of Section 313, a Division Bench of Chief Justice Sanjib …

Veracity Of Allegations To Be Evaluated By Trial Court: Punjab & Haryana High Court Grants Bail To Man Accused Of Poisoning Partner
2 years, 7 months ago

Veracity Of Allegations To Be Evaluated By Trial Court: Punjab & Haryana High Court Grants Bail To Man Accused Of Poisoning Partner

Live Law  

Punjab and Haryana High Court while dealing with a petition filed under Section 439 CrPC by a man accused of poisoning the deceased-complainant with whom he was in a relationship, granted bail on the ground that it was a "consensual relationship" and as the investigation stands completed, the veracity of these allegations would be evaluated by the trial Court only. …

BREAKING: DELHI HIGH COURT PASSES SPLIT VERDICT ON CRIMINALIZING #MARITAL RAPE
2 years, 7 months ago

BREAKING: DELHI HIGH COURT PASSES SPLIT VERDICT ON CRIMINALIZING #MARITAL RAPE

Live Law  

The Delhi High Court will pronounce the judgment TODAY on a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.A bench of Justice Rajiv Shakdher and Justice C Hari Shankar pronounced the judgment after reserving the orders on …

BREAKING| Supreme Court Sets Aside Bail Granted To Ashish Mishra In Lakhmipur Kheri Case; Asks Him To Surrender
2 years, 8 months ago

BREAKING| Supreme Court Sets Aside Bail Granted To Ashish Mishra In Lakhmipur Kheri Case; Asks Him To Surrender

Live Law  

The Supreme Court on Monday set aside the Allahabad High Court order granting bail granted to Ashish Mishra, son on Union Minister Ajay Mishra, in the Lakhimpur Kheri case.Holding that the High Court passed the order taking into account irrelevant considerations and denying the right of hearing to the victim, the Court set aside the bail order and asked Mishra …

'Judicial Indiscipline' : P&H High Court Recommends Departmental Action Against Magistrate For Violating HC Direction
2 years, 9 months ago

'Judicial Indiscipline' : P&H High Court Recommends Departmental Action Against Magistrate For Violating HC Direction

Live Law  

A single bench of the Punjab and Haryana High Court has recommended departmental action against a Chief Judicial Magistrate for violating a High Court direction in a case.Observing that the Magistrate's action not only showed lack of understanding of fundamental principles of law but also reflected judicial indiscipline, Justice Manoj Bajaj referred the matter to the Chief Justice for. A …

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties
2 years, 11 months ago

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 and 498-A read with Section 34 of IPC, based on a compromise between the parties involved. Vs. Deepak the Hon'ble Apex Court has had an occasion to consider whether the High Court can quash the FIR/complaint/criminal proceedings, in exercise of the …

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines
2 years, 11 months ago

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines

Live Law  

On Thursday the Supreme Court observed that the first appeal from a conviction in a murder case could not have been dismissed after recording the conclusion in general terms and in just four lines. Thereafter, narrating the prosecution's case in brief, the High Court concluded that the prosecution had proved the case beyond reasonable doubt and on proper appraisal of …

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court
3 years ago

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court

Live Law  

The Bombay High Court has said conviction cannot be solely based on the admissions made by the accused in his statement under Section 313 of the Criminal Procedure Code. A single judge bench of Justice Anuja Prabhudessai while acquitting two accused of possessing counterfeit currency in Mach 2016, said, "The prosecution having failed to establish the guilt of the accused …

Accused Convicted For Separate Offence Arising Out Of Different Transaction In Separate Trials -Will the Sentences Run Concurrently? : SC To Decide
3 years, 1 month ago

Accused Convicted For Separate Offence Arising Out Of Different Transaction In Separate Trials -Will the Sentences Run Concurrently? : SC To Decide

Live Law  

A Bench of Justices M.R.Shah and B.V.Nagaratha will consider the question whether in case of an accused there are separate offences and not arising out of the same transaction, whether the sentences imposed in both cases will run consequently or concurrently. The question arises in a case- Mohd Zahid v State- in appeal from impugned judgement of the Delhi High …

Evidence In A Trial Against An Accused Does Not Have Any Bearing Upon A Co-Accused In A Separate Trial For The Commission Of Same Offence: Supreme Court
3 years, 2 months ago

Evidence In A Trial Against An Accused Does Not Have Any Bearing Upon A Co-Accused In A Separate Trial For The Commission Of Same Offence: Supreme Court

Live Law  

The evidence recorded in a criminal trial against any accused is confined to the culpability of that accused only and it does not have any bearing upon a co-accused, who has been tried on the basis of evidence recorded in a separate trial, though for the commission of the same offence, the Supreme Court observed in a judgment delivered on …

"Special Cells, Security To Couples, Expeditious Trial & Compensation": P&H HC Issues Directions To Authorities For Dealing With Honour Killing Cases
3 years, 4 months ago

"Special Cells, Security To Couples, Expeditious Trial & Compensation": P&H HC Issues Directions To Authorities For Dealing With Honour Killing Cases

Live Law  

Observing that there has been a flagrant violation of Supreme Court directions, the Punjab and Haryana High Court on Tuesday issued a slew of directions to the State Governments of Punjab and Haryana and UT of Chandigarh, it's Police authorities and SLSAs for dealing with honour killing cases in view of the protection being given to the couples facing threat …

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice
3 years, 5 months ago

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice

Live Law  

The Supreme Court issued notice in Special Leave Petition filed against a Kerala High court order recalling its earlier judgment quashing rape and child sexual assault charges against various accused.The High Court bench presided by Justice K. Haripal had initially quashed the proceedings against on the grounds of the marriage of the accused to the victims. The Supreme Court issued …

No Discussion Or Analysis: Supreme Court Sets Aside HC Order Granting Bail To Murder Accused
3 years, 5 months ago

No Discussion Or Analysis: Supreme Court Sets Aside HC Order Granting Bail To Murder Accused

Live Law  

There is no discussion or analysis of circumstances at all, the Supreme Court observed while setting aside a High Court order granting bail to murder accused.The bench comprising Justices DY Chandrachud and MR Shah observed that in a case where an earlier application for bail has been rejected, there is a higher burden on the appellate court to furnish specific …

Instruct Judicial Officers Over The Manner Of Reflecting Facts Of FIR In Bail Order: P&H High Court To Judicial Academy
3 years, 5 months ago

Instruct Judicial Officers Over The Manner Of Reflecting Facts Of FIR In Bail Order: P&H High Court To Judicial Academy

Live Law  

The Punjab & Haryana High Court on Thursday directed the Director, Chandigarh Judicial Academy to issue appropriate directions to the judicial officers on the manner in which the facts in the FIR need to be reflected in the Bail order, before an opinion whether bail/anticipatory bail is to be granted or declined is formed.The Bench of Justice Arvind Kumar Sangwan …

Discover Related