Should Plea Against Sessions Court Order Denying Bail Under UAPA Be Placed Before Division Bench?: Madras HC Refers Question To Larger Bench
4 years ago

Should Plea Against Sessions Court Order Denying Bail Under UAPA Be Placed Before Division Bench?: Madras HC Refers Question To Larger Bench

Live Law  

The Madras High Court recently referred to a larger bench the question whether an application against the order passed by a Sessions Court under the Unlawful Activities Act should be placed before a Single Judge or before a Division Bench of the High Court. The Government Advocate had opposed the plea on the ground that the single-Bench is not competent to hear the application inasmuch Section 21 ) of the NIA Act provides that only an appeal shall lie from any judgment, sentence or order, of a Special Court to the Hight Court, and the said appeal has to be heard by a bench of two Judges of the High Court. 223/2017, another Single Bench of the Madras High Court had held that Section 21 of the NIA Act will not be applicable and only the provisions of the Criminal Procedure Code alone will apply and thereby the petition filed against the order passed by the District Court in matters concerning UAP Act can be heard by a Single Judge. He has referred the following questions: i)whether an application against the order passed by the District and Sessions Judge in a matter concerning UAP Act shall be numbered as a bail application or an appeal ii)whether, it has to be posted before the Single Judge or a two Judges Bench of this Court.

Court Application Order High Act Bench Single Uap Larger Bench Division Bench Sessions Two Judges Chandira Justice Chandira  single  uapa  high  bench  placed  court  sessions  act  v  refers  madras  plea  judges  order  larger  question  application

History of this topic

2013 Rape Case | Rajasthan High Court Grants Interim Bail To Asaram Bapu Till March 31 For Medical Treatment
Trending News
1 day, 3 hours ago

2013 Rape Case | Rajasthan High Court Grants Interim Bail To Asaram Bapu Till March 31 For Medical Treatment

Live Law  

The Rajasthan High Court today granted interim bail till March 31 to self-styled godman Asaram Bapu, who is serving a life sentence in connection with a 2013 rape case. The order was passed by a bench of Justice Dinesh Mehta and Justice Vinit Kumar Mathur a week after the Supreme Court granted Bapu interim bail till March 31 to avail …

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order
1 day, 3 hours ago

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order

Live Law  

The Delhi Police on Tuesday opposed the plea moved by former Aam Aadmi Party Councillor Tahir Hussain seeking interim bail in a 2020 North-East Delhi riots case in order to participate in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen party. ASG Chetan Sharma, along with SPP Rajat Nair appeared for the Delhi …

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement
1 week ago

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement

Live Law  

Expressing “anguish and pain” over denial of bail to a man not even named by the minor victim in her statement, the Rajasthan High Court has sought explanation from a Special POCSO Judge for his decision. The bench of Justice Anil Kumar Upman opined that the increasing tendency of trial courts in rejecting bail petitions in a "casual and routine …

100 Important Supreme Court Judgments- Part 3 [51 to 75]
2 weeks, 5 days ago

100 Important Supreme Court Judgments- Part 3 [51 to 75]

Live Law  

Case Title – Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh., 2024 LiveLaw 486 In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities Act, 1967, the Supreme Court held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy …

Calcutta High Courts rejects bail prayer of former Bengal Education Minister Partha Chatterjee, 4 others
3 weeks ago

Calcutta High Courts rejects bail prayer of former Bengal Education Minister Partha Chatterjee, 4 others

The Hindu  

The Calcutta High Court on Tuesday rejected the bail petition of former West Bengal Education Minister Partha Chatterjee and four other ex-public servants in a CBI case over an alleged school jobs recruitment scam. Besides Chatterjee, Justice Tapabrata Chakraborty also rejected the bail prayer of former West Bengal School Service Commission chairman Subires Bhattacharya, former State Secondary Education Board president …

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
3 weeks, 4 days ago

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court

Live Law  

While granting bail to a man booked for offences under the NDPS Act, the Punjab & Haryana High Court observed that district court's reluctance in granting bail burdens the High Court, delays hearing of matters like appeals, revision and it is for the "hierarchical court" like the high court to "introspect". Such reluctance exacerbates the burden on High Courts, where …

Rajasthan HC Disapproves Of Interim Order Increasing Seats In Medical College, Refuses To Interfere Since Admission Process Was Already Over
3 weeks, 5 days ago

Rajasthan HC Disapproves Of Interim Order Increasing Seats In Medical College, Refuses To Interfere Since Admission Process Was Already Over

Live Law  

The bench however observed that even though they were of the view that the single judge should not have granted the interim order, however since the admission process in the present case was already over and students had paid fees and joined the college, the bench thereafter refused to interfere with the order. The division bench of Chief Justice Manindra …

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
1 month, 2 weeks ago

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition

Live Law  

The fixing of time for concluding the trial and renewing the Bail application after a certain time became a generally inevitable part of criminal jurisprudence of the High Courts of India and the Supreme Court while deciding Regular Bail Petitions. To de-valuing of clean hand of the accused, facts, circumstance and stage of the case and fixing time for subsequent …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
1 month, 2 weeks ago

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials

Live Law  

The Supreme Court on Monday granted bail to a man accused of counterfeiting currency who had been incarcerated for two years and six months invoking the principle that “bail is the rule and jail is the exception.” “Appellant has undergone incarceration for a period of two and a half years. After rejecting the prayer for bail the courts cannot provide …

Criminal Appeals Arising From Same Judgment Must Be Heard Together By Division Bench: Patna High Court
1 month, 3 weeks ago

Criminal Appeals Arising From Same Judgment Must Be Heard Together By Division Bench: Patna High Court

Live Law  

The Patna High Court recently ruled that when multiple criminal appeals arise from the same trial court judgment, one involving a sentence of more than ten years and another with a sentence of less than ten years, the appeal with the lesser sentence must also be heard by the Division Bench. As per the Patna High Court Rules, all appeals …

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC
1 month, 3 weeks ago

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

Live Law  

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". Justice …

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession
2 months ago

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession

Live Law  

The Jodhpur bench of the Rajasthan High Court granted bail to several men accused of beating, throwing stones and using casteist slurs at members of a religious procession, noting that it was difficult to conclude whether the men were mere onlookers or the real culprits especially since there was no similar case pending against them. The court passed the order …

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail
2 months ago

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail

Live Law  

The Gujarat High Court granted regular bail to Saquib Nisar Shaikh–booked in connection with the 2013 Sabarmati prison break attempt case by allegedly digging a tunnel, noting that the applicant had already been in jail for over a decade with no immediate prospect of completion of trial.The FIR was registered under IPC Sections 224, 120B, 130and Sections 42 and 45 …

Excise policy case: SC reserves order on Kejriwal's pleas for bail, against arrest by CBI
4 months, 1 week ago

Excise policy case: SC reserves order on Kejriwal's pleas for bail, against arrest by CBI

New Indian Express  

NEW DELHI: The Supreme Court on Thursday reserved its verdict on Delhi Chief Minister Arvind Kejriwal’s separate pleas seeking bail and challenging his arrest by the CBI in the Delhi excise policy case. A two-judge bench of the top court, led by Justice Surya Kant and Justice Ujjal Bhuyan, after a daylong hearing on Thursday, reserved the verdict on Kejriwal's …

Banbhoolpura violence: Uttarakhand HC asks 'mastermind' to approach division bench for bail
4 months, 1 week ago

Banbhoolpura violence: Uttarakhand HC asks 'mastermind' to approach division bench for bail

The Hindu  

A single-judge bench of Uttarakhand High Court on Monday disposed of the bail petition of Abdul Malik, the alleged mastermind of Banbhoolpura violence, asking him to approach a division Bench of the high court as it is a case under the Unlawful Activities Act. On August 30, after hearing the bail application of Mr. Malik, the single bench of Justice …

Advocate Dinesh Jangra gets relief from high court in assault case
4 months, 1 week ago

Advocate Dinesh Jangra gets relief from high court in assault case

Hindustan Times  

The Punjab and Haryana high court granted anticipatory bail to Dinesh Jangra, an advocate accused in a high-profile assault case involving members of the Punjab and Haryana High Court Bar Association. The order was passed by Justice Manisha Batra overturning the decision of the additional sessions judge, Chandigarh, which had denied bail application of Dinesh Jangra. {{^userSubscribed}} {{/userSubscribed}} {{^userSubscribed}} {{/userSubscribed}} …

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order
4 months, 3 weeks ago

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order

Live Law  

The Orissa High Court has denied bail to a person, accused of committing economic offences, for misleading the Court with regard to an order passed by the Supreme Court so as to obtain an adjournment and by playing such fraud, to extend the period of liberty. The top Court stayed the order of the High Court and exempted the petitioner …

Delhi excise policy case: SC to hear BRS MLC K Kavitha's bail plea on August 12
5 months ago

Delhi excise policy case: SC to hear BRS MLC K Kavitha's bail plea on August 12

New Indian Express  

NEW DELHI: The Supreme Court is scheduled to hear on August 12, Monday, the Bharat Rashtra Samithi leader, K Kavitha's plea seeking bail in the cases filed by both the Central Bureau of Investigation and the Enforcement Directorate in connection with the 2021-22 Excise Policy A two-judge bench of the top court, led by Justice BR Gavai and also comprising …

Ruling on Sisodia calls for judicial reforms in bail process
5 months ago

Ruling on Sisodia calls for judicial reforms in bail process

Hindustan Times  

New Delhi The Supreme Court verdict granting bail to former Delhi deputy chief minister Manish Sisodia in connection with the Delhi excise policy case marks a critical precedent, particularly in high-profile cases where gravity of charges and prolonged incarceration has been used as tools to deny individuals their right to liberty. The court observed that in many instances, both trial …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
5 months, 2 weeks ago

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence

The Quint  

“If courts ‘cave in’ when great rights are gouged within the sound-proof, sight-proof precincts of prison houses, where, often, dissenters and minorities are caged, Bastilles will be re-enacted. Therefore we affirm that imprisonment does not spell farewell to fundamental rights although, by a realistic re-appraisal, courts will refuse to recognise the full panoply of Part III enjoyed by a free …

'Very Well Reasoned Judgment' : Supreme Court Dismisses ED's Challenge To HC Order Granting Bail To Hemant Soren
5 months, 2 weeks ago

'Very Well Reasoned Judgment' : Supreme Court Dismisses ED's Challenge To HC Order Granting Bail To Hemant Soren

Live Law  

The Supreme Court on Monday dismissed Enforcement Directorate's plea challenging the Jharkhand High Court's judgment dated June 28 which granted bail to Jharkhand Chief Minister Hemant Soren in a money laundering case related to an alleged land scam.The bench of Justices BR Gavai and KV Viswanathan opined that the High Court's judgment - which entered a prima facie finding that. …

Delhi excise policy case: Supreme Court notice to CBI, ED on Manish Sisodia’s bail plea
5 months, 4 weeks ago

Delhi excise policy case: Supreme Court notice to CBI, ED on Manish Sisodia’s bail plea

The Hindu  

The Supreme Court on Tuesday, July 16, 2024, sought responses from the Directorate of Enforcement and the Central Bureau of Investigation on separate petitions filed by former Delhi Deputy Chief Minister Manish Sisodia for bail in the excise policy case. However, the Bench gave the Aam Aadmi Party leader liberty to “revive” his plea for bail, afresh, as soon as …

Supreme Court Grants Bail in UAPA Case After 4-Year Wait, Spotlights Prolonged Undertrial Detention, But Inconsistent Application Raises Concerns
6 months, 1 week ago

Supreme Court Grants Bail in UAPA Case After 4-Year Wait, Spotlights Prolonged Undertrial Detention, But Inconsistent Application Raises Concerns

The Hindu  

Published : Jul 06, 2024 14:21 IST - 8 MINS READ On bail matters, especially in cases under the draconian Unlawful Activities Act, 1967, the Supreme Court and the High Courts have been, of late, liberal in interpreting the law in favour of the accused. The two-judge bench of the Supreme Court, comprising Justices J.B. Pardiwala and Ujjal Bhuyan on …

'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety
6 months, 1 week ago

'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety

Live Law  

The Supreme Court on Monday expressed disappointment over an 'absurd' condition for bail imposed by the Patna High Court where the bail was granted to an accused on the condition that the victim of the offence should stand as his surety. The vacation bench of Justices JB Pardiwala and Ujjal Bhuyan was hearing a matter where the Patna High Court …

Court was prejudiced: Saurabh Bhardwaj on Delhi HC decision to stay bail of Arvind Kejriwal
6 months, 2 weeks ago

Court was prejudiced: Saurabh Bhardwaj on Delhi HC decision to stay bail of Arvind Kejriwal

Op India  

The Delhi High Court on Tuesday, June 25th, granted the Enforcement Directorate’s request to stay the trial court’s bail ruling for Delhi Chief Minister Arvind Kejriwal in the money laundering case in the liquor policy excise scam. Meanwhile, commenting on the Delhi High Court’s decision to stay the trial court’s order granting bail to CM Arvind Kejriwal in the excise …

Plea In Madras High Court Seeks Constitution Of Special Bench For Faster Disposal Of Cases Against Public Spirited Persons, Journalists & Youtubers
6 months, 3 weeks ago

Plea In Madras High Court Seeks Constitution Of Special Bench For Faster Disposal Of Cases Against Public Spirited Persons, Journalists & Youtubers

Live Law  

A petition has been filed in the Madras High Court seeking constitution of special benches for faster disposal of cases against Public Spirited persons, Journalists, and YouTubers. When the case came up before the bench of Acting Chief Justice R Mahadevan and Justice Mohammed Shaffiq, the bench directed the petitioner to give detailed statistics of the number of cases pending …

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench
7 months, 1 week ago

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench

The Hindu  

The Greater Chennai City Police on Thursday, June 6, 2024, filed a sub application before the Madras High Court claiming that Justice G. Jayachandran had agreed with the view taken by Justice P.B. Balaji, in a habeas corpus petition filed against YouTuber ‘Savukku’ Shankar alias A. Shankar’s detention under the Goondas Act, and therefore, the case must now be referred …

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court
8 months, 2 weeks ago

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court

Live Law  

While denying bail to a man accused of murdering a person belonging to the marginalized community, the Madras High Court has stressed that while considering bail applications in connection with offenses under the SC/ST Act, the courts should refrain from granting bail merely based on period of detention. Selvakumar argued that the Special Court had granted bail to the co-accused …

Can A Politician Out On Bail Take Part In Political Activities? Here's What Supreme Court Said
9 months, 2 weeks ago

Can A Politician Out On Bail Take Part In Political Activities? Here's What Supreme Court Said

ABP News  

The Supreme Court in a recent order held that a politician who is out on bail cannot be restrained from taking part in political activities. The top court ruled that a bar on political activities as a condition for granting bail would be a violation of fundamental rights. Last week, a bench of Justices BR Gavai and Sandeep Mehta while …

One Bench Of High Court Cannot Cancel Bail Granted By Another Bench : Supreme Court
10 months, 3 weeks ago

One Bench Of High Court Cannot Cancel Bail Granted By Another Bench : Supreme Court

Live Law  

Recently, the Supreme Court observed that the exercise of jurisdiction by the Single Judge of the High Court in cancelling the bail granted to the accused by another Single Judge of the same High Court and that too, by examining the merits of the allegations tantamounts, to judicial impropriety/indiscipline. ".we are of the firm opinion that the exercise of jurisdiction …

There's A Perception Now That If Case Is Listed Before Particular Bench, Result Is Going To Be This : Justice Madan B Lokur
10 months, 3 weeks ago

There's A Perception Now That If Case Is Listed Before Particular Bench, Result Is Going To Be This : Justice Madan B Lokur

Live Law  

At the seminar hosted today by Campaign for Judicial Accountability and Reforms at ISIL, Delhi, retired Supreme Court Justice Madan B Lokur spoke strongly against the opacity in the Master of Roster system and emphasized a need to remove arbitrariness from the process of listing. In this context, while addressing a gathering of former judges of Supreme Court and High …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
11 months, 2 weeks ago

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

Live Law  

In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. However, the High Court disposed off his bail application and ordered: “.Be that as it may, as the applicant is in jail …

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
11 months, 2 weeks ago

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

Live Law  

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe Act, 1989, if no prima facie offence is made out. While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held – …

Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications
11 months, 3 weeks ago

Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications

Live Law  

The Supreme Court in a recent order directed all the courts to scrupulously follow the directions/guidelines issued by it for the expeditious delivery of judgments and disposal of the bail applications. A bench comprising Justices Bela Trivedi and Satish Chandra Sharma directed that High Courts should scrupulously follow the directions/ guidelines issued by the Supreme Court in various decisions. The …

Bombay High Court Denies Anticipatory Bail To Advocate Accused Of Cheating Client By Forging Bail Order
1 year ago

Bombay High Court Denies Anticipatory Bail To Advocate Accused Of Cheating Client By Forging Bail Order

Live Law  

The Bombay High Court recently refused to grant anticipatory bail to advocate Hiral Chandrakant Jadhav accused of cheating a client by presenting a forged sessions court bail order for her husband in a murder case. When the complainant checked the e-courts portal and the Registry of Dindoshi Sessions Court, she was told that no such documents, viz., the bail order …

Madras High Court calls for details of cases pending against all MPs/MLAs across Tamil Nadu
1 year ago

Madras High Court calls for details of cases pending against all MPs/MLAs across Tamil Nadu

The Hindu  

The Madras High Court on Monday directed the State government to submit complete details regarding the number of criminal cases pending against MPs and MLAs in the State, the courts in which they are pending and the stage of the proceedings before those courts. First Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy asked Advocate …

Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts
1 year ago

Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts

Live Law  

The Supreme Court expressed concern at the High Courts not listing bail applications arising out of the same FIR before the same bench, despite repeated orders. The bench comprising Justices CT Ravikumar and Sanjay Kumar, in its order, stressed the need for listing bail applications pertaining to the same FIR before one single bench in order to avoid conflicting decisions, …

Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court
1 year, 1 month ago

Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court

Live Law  

The Madras High Court recently observed that the orders passed under Section 194 of the Code of Criminal Procedure are purely administrative in nature and cannot be challenged unless they are apparently illegal and passed without any application of mind. Justice G Ilangovan of the Madurai bench dismissed a plea preferred by an accused seeking for transfer of his trial …

Madras High Court to constitute special bench for ensuring early disposal of MP/MLA cases in Tamil Nadu & Puducherry
1 year, 1 month ago

Madras High Court to constitute special bench for ensuring early disposal of MP/MLA cases in Tamil Nadu & Puducherry

The Hindu  

The Madras High Court is all set to constitute a special bench to ensure early disposal of criminal cases pending against sitting as well as former MPs and MLAs in Tamil Nadu and Puducherry by issuing necessary directions to the special courts seized of such cases. Chief Justice Sanjay V. Gangapurwala on Wednesday said, he had already issued instructions in …

SC pulls up CBI on Kochhar’s repeated interim bail extension
1 year, 3 months ago

SC pulls up CBI on Kochhar’s repeated interim bail extension

Hindustan Times  

The Supreme Court on Tuesday pulled up the Central Bureau of Investigation for not objecting to the repeated extension of the two-week interim bail granted to former ICICI Bank chief Chanda Kochhar and her businessman husband Deepak Kochhar in January in connection with an alleged loans-kickbacks case. The Supreme Court pulls up CBI for not objecting to the repeated extension …

Supreme Court Upholds Order Of Madras High Court Granting Bail To Lawyer Arrested Under UAPA By NIA For Alleged Links With PFI
1 year, 3 months ago

Supreme Court Upholds Order Of Madras High Court Granting Bail To Lawyer Arrested Under UAPA By NIA For Alleged Links With PFI

Live Law  

The Supreme Court on Tuesday upheld the order of the Madras High Court granting bail to Mohammad Abbas, a Madurai based lawyer who was arrested by the National Investigation Agency under the Unlawful Activities Prevention Act for his alleged links with the banned Popular Front of India organization.A bench of Justice Abhay S Oka and Justice Pankaj Mithal while confirming. …

High Court judge recuses himself from hearing Senthilbalaji’s case for want of clarification regarding bail plea
1 year, 4 months ago

High Court judge recuses himself from hearing Senthilbalaji’s case for want of clarification regarding bail plea

The Hindu  

Justice R. Sakthivel of the Madras High Court on Friday recused himself from hearing a petition filed by Minister V. Senthilbalaji seeking a clarification whether his bail plea, in a money laundering case registered by the Enforcement Directorate, should be heard by the Principal Sessions Court or the special court for MP/MLA cases in Chennai. Second instance On June 14 …

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 Monthly Round-Up: July 2023
1 year, 5 months ago

Supreme Court Monthly Round-Up: July 2023

Live Law  

Judgment/Orders Supreme Court Grants Interim Protection To Teesta Setalvad For 7 Days ; Stays HC Order After Special Night Sitting Case title- Teesta Atul Setalvad v. State of Gujarat Citation-SLP Diary No. Order 41 Rule 22 CPC - Cross Objections Have All Trappings Of Regular Appeal ; Must Be Considered In Full : Supreme Court Case title: Dheeraj Singh vs …

Bail Granted U/S 436 CrPC Can Be Cancelled Only By High Court Or Sessions Court U/S 439(2): Orissa High Court
1 year, 5 months ago

Bail Granted U/S 436 CrPC Can Be Cancelled Only By High Court Or Sessions Court U/S 439(2): Orissa High Court

Live Law  

The Orissa High Court has recently held that bail granted under Section 436 of the Code of Criminal Procedure cannot be cancelled by the same Court and that can only be done by the Court of Sessions or High Court under Section 439 of the Code. The Court cited Section 437 of the CrPC where power of the Magistrate to …

Supreme Court Closes Suo Motu Case Against Allahabad HC Direction To Examine If Woman Who Alleged Rape On Marriage Promise Was 'Mangalik'
1 year, 6 months ago

Supreme Court Closes Suo Motu Case Against Allahabad HC Direction To Examine If Woman Who Alleged Rape On Marriage Promise Was 'Mangalik'

Live Law  

The Supreme Court on Tuesday closed the matter in which it took suo motu cognizance of the order of the Allahabad High Court which directed the Head of Astrology Department, Lucknow University to determine if an alleged rape victim is a Mangali/Mangalik by examining her Kundali. Justice Dhulia stated that the Court in its previous order had left it to …

Madras High Court stays order passed by single judge asking Madras Bar Association to admit members without discrimination
1 year, 6 months ago

Madras High Court stays order passed by single judge asking Madras Bar Association to admit members without discrimination

The Hindu  

A Division Bench of the Madras High Court on Monday stayed the operation of a single judge’s June 22 order directing the Madras Bar Association to distribute applications for membership to all interested practising lawyers in the High Court, and admit them as members without discriminating on the basis of caste, gender, religion, economic status and personal as well as …

Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court
1 year, 7 months ago

Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court

Live Law  

The Delhi High Court has ruled that the discretion of an applicant to choose either High Court or trial court for moving anticipatory bail plea cannot be restricted by construing section 438 of CrPC narrowly. Analyzing the provision, a vacation bench of Justice Chandra Dhari Singh said that there is no bar on approaching the High Court directly for seeking …

Sessions Judge Who Was Asked To Go For Training Says He's Due To Be Considered For Elevation; Supreme Court Refuses Early Hearing
1 year, 7 months ago

Sessions Judge Who Was Asked To Go For Training Says He's Due To Be Considered For Elevation; Supreme Court Refuses Early Hearing

Live Law  

The Supreme Court, on Monday, refused early listing of application filed by a Judge of a Sessions Court in Lucknow, who was recently asked by the Supreme Court to be sent for Training as he did not follow the law laid down by the Apex Court in Satender Kumar Antil v. CBI. On the last date of hearing, it was …

Calcutta High Court Upholds Cancellation Of Bail In Murder Case Over Suppression Of Fact Regarding Earlier Rejection
1 year, 8 months ago

Calcutta High Court Upholds Cancellation Of Bail In Murder Case Over Suppression Of Fact Regarding Earlier Rejection

Live Law  

The Calcutta High Court upheld an order of cancellation of bail passed by the Sessions Court on the ground that the accused supressed the fact before the Sessions Court that his earlier bail prayer was turned down by the High Court. The petitioner contended that the High Court considered the bail prayer of the petitioner at the stage prior to …

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