Decide Remission Applications Without Delay : Supreme Court To Chhattisgarh Govt
1 year, 2 months ago

Decide Remission Applications Without Delay : Supreme Court To Chhattisgarh Govt

Live Law  

In a recent ruling by the Supreme Court of India, a case involving the belated grant of permanent remission, the Court urged the Chhattisgarh State Government to ensure that such cases are considered without unnecessary delays, following the government's policy. We hope and trust that the State Government will ensure that there is no delay in considering the cases for grant of permanent remission in terms of its policy.” In the previous hearing, the court had expressed concern over the conduct of the Jail Superintendent for producing a purported letter from a prisoner, which indicated the prisoner's desire to withdraw a petition filed. The Court emphasized that, regardless of the letter's origin, it was the Jail Superintendent's responsibility to make the petitioner aware of the consequences of unconditionally withdrawing the Writ Petition. Moreover, the Court highlighted that legal aid lawyers regularly visit prisons and suggested that the petitioner should have been referred to a legal aid lawyer for proper advice The Court ordered that going forward, the Jail Authorities in the State should ensure that such precautions are taken and that prisoners are properly informed of the implications of their actions.

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History of this topic

Illegal Termination During Probation, Chhattisgarh HC Declines To Review Judgement
3 days, 19 hours ago

Illegal Termination During Probation, Chhattisgarh HC Declines To Review Judgement

Live Law  

A single judge bench of the Chhattisgarh High Court comprising of Justice Rakesh Mohan Pandey held that a review cannot be used to reargue the case or introduce new arguments without an apparent error or new evidence. The court allowed the writ petition and passed an order dated 28.11.2023 revoking her termination and ordered the state to reinstate employee back …

Punjab & Haryana HC Dismisses Army's Plea Seeking Restriction Of Disability Benefits To Three Years For Disabled Soldier Discharged In 2001
2 months ago

Punjab & Haryana HC Dismisses Army's Plea Seeking Restriction Of Disability Benefits To Three Years For Disabled Soldier Discharged In 2001

Live Law  

The Punjab & Haryana High Court has dismissed a petition filed by the Union of India seeking restriction of arrears of "broad-banding" of disability pension to a period of three years rather than from date of discharge of a disabled soldier in 2001.The applicant having disability of 30% is entitled to get the rounding off benefit of disability element of …

Supreme Court asks if Delhi CM can clear remission from jail
4 months ago

Supreme Court asks if Delhi CM can clear remission from jail

Hindustan Times  

Decisions on remission cannot be stalled for want of the signature of a chief minister, the Supreme Court said on Friday as it wished to know whether jailed Delhi CM Arvind Kejriwal is prohibited from signing crucial files relating to a convict’s premature release. The court made the observation as it considered the case of a convict serving a life …

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court
5 months, 3 weeks ago

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court

Live Law  

The Delhi High Court has observed that failure to avail alternate remedy on the ground of ongoing settlement process is not a reason for the court to exercise its discretionary power to quash the complaint cases. where it is filed with unexplained delay and laches and in the meantime, the trial has proceeded.” It referred to the Supreme Court case …

Made It A 'Fairy Tale' : Punjab & Haryana High Court Pulls Up Judicial Officers For Taking Plea “Leisurely” With Long Adjournments
1 year, 4 months ago

Made It A 'Fairy Tale' : Punjab & Haryana High Court Pulls Up Judicial Officers For Taking Plea “Leisurely” With Long Adjournments

Live Law  

The Punjab & Haryana High Court criticised the Judicial Officers for delay in disposing of the plea for cancellation of suspension of sentence in a Negotiable Instrument Act case.Observing that the plea is pending since 2021 and adjourned on multiple occasions, the bench of Justice Mahabir Singh Sindhu said, “A perusal of the above extract clearly reveals that the officers …

1984 Anti-Sikh Riots: Delhi High Court Refuses To Condone Delay In Filing Of Appeal Against Acquittal Of Accused In 1995
1 year, 5 months ago

1984 Anti-Sikh Riots: Delhi High Court Refuses To Condone Delay In Filing Of Appeal Against Acquittal Of Accused In 1995

Live Law  

The Delhi High Court has dismissed an application seeking condonation of delay of about 28 years for filing an appeal against an acquittal order of 1995 in a case of anti-Sikh riots dating back to 1991. The division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that if the prosecution or the complainant were aggrieved by …

Delay In Filing Appeal; Incorrect Particulars: Supreme Court Imposes Rs One Lakh Costs On UP Government For Casual Approach
2 years ago

Delay In Filing Appeal; Incorrect Particulars: Supreme Court Imposes Rs One Lakh Costs On UP Government For Casual Approach

Live Law  

Pointing out that the State litigation cannot be so 'casual', the Supreme Court of India recently rapped the Uttar Pradesh government for filing an appeal plea quite belatedly, with incorrect particulars. "A cursory reference to the pandemic situation is baseless for the reason that no such situation was prevalent on the date of passing of the order by the High …

Alternate Remedy: Writ Petition Can Be Dismissed Even After Admission, Clarifies Chhattisgarh HC
2 years, 3 months ago

Alternate Remedy: Writ Petition Can Be Dismissed Even After Admission, Clarifies Chhattisgarh HC

Live Law  

The Chhattisgarh High Court has made it clear that there is no such rule that a writ petition, once admitted, cannot be dismissed on the ground of availability of alternative remedy.A bench of Justices Arup Kumar Goswami and Deepak Kumar Tiwari observed "as a proposition of law it cannot be countenanced that once a writ petition is entertained and admitted, …

Rectify 'horrendously wrong decision' of remission in Bilkis Bano case: 134 ex-bureaucrats to CJI
2 years, 4 months ago

Rectify 'horrendously wrong decision' of remission in Bilkis Bano case: 134 ex-bureaucrats to CJI

The Hindu  

More than 130 former civil servants on Saturday wrote an open letter to the Chief Justice of India against the premature release of 11 men who were jailed in the gangrape case of Bilkis Bano and requested him to rectify this "horrendously wrong decision". The Supreme Court, on Radheshyam Shah’s plea, also directed that the application for premature release be …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
2 years, 10 months 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 …

"We Are Dealing With The Premier Investigating Agency":SC Pulls Up CBI For 314 Days Delay In Filing SLP, Directs To Fix The Responsibility For Delay
3 years, 9 months ago

"We Are Dealing With The Premier Investigating Agency":SC Pulls Up CBI For 314 Days Delay In Filing SLP, Directs To Fix The Responsibility For Delay

Live Law  

The Supreme Court directed the Central Bureau of Investigation to fix the responsibility for delay in filing Special Leave Petition.The bench comprising Justices Sanjay Kishan Kaul and Hemant Gupta was considering an SLP filed by CBI against Delhi High Court judgment which had reversed the conviction recorded by the Trial Court.Before the bench, ASG RS Suri, submitted that dismissal on. …

COVID19 : Supreme Court Extends Time To Surrender For Chhattisgarh Prisoners Released On Interim Bail/Parole
4 years ago

COVID19 : Supreme Court Extends Time To Surrender For Chhattisgarh Prisoners Released On Interim Bail/Parole

Live Law  

In a temporary relief to nearly 5500 prisoners in Chhattisgarh, the Supreme Court on Wednesday extended the time to surrender for prisoners in the state who were released on interim bail or parole as per the directions of the High Powered Committee to decongest prisons during COVID19 pandemic.The Chhattisgarh High Court had refused to extend the deadline for surrender beyond …

Govt. Cannot Operate Like Limitation Doesn't Apply To It : Supreme Court Imposes Costs On Officers Responsible For 462 Days' Delay In SLP
4 years ago

Govt. Cannot Operate Like Limitation Doesn't Apply To It : Supreme Court Imposes Costs On Officers Responsible For 462 Days' Delay In SLP

Live Law  

Once again deprecating the practice of the government moving the Court belatedly only by way of formality, the Supreme Court on Friday imposed costs of Rs. "We put it to the learned counsel that the cost would have been much greater but for the fact that a young counsel is appearing before us and we have given considerable concession in …

Government Authorities Cannot Approach The Court As And When They Please: SC Pulls Up Bihar Govt. Over Delay [Read Order]
5 years, 7 months ago

Government Authorities Cannot Approach The Court As And When They Please: SC Pulls Up Bihar Govt. Over Delay [Read Order]

Live Law  

Government working lethargy is not a pretext to condone the delay, said the Supreme Court while imposing cost of Rs. After 728 days from the date of the Division bench order, a special leave petition was filed before the Supreme Court. The bench comprising Justice Sanjay Kishan Kaul and Justice Indira Banerjee said: "We are of the view that a …

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