S.145 Evidence Act | Attention Of Witness Must Be Drawn To Previous Statement If It Is To Be Used For Purpose Of Contradicting Him: P&H High Court
2 years, 9 months ago

S.145 Evidence Act | Attention Of Witness Must Be Drawn To Previous Statement If It Is To Be Used For Purpose Of Contradicting Him: P&H High Court

Live Law  

The Punjab and Haryana High Court while dealing with an appeal filed by three appellants against the order whereby they were convicted for robbery, held that if the witness was not confronted with that part of the statement with which the defense wanted to contradict him, then the Court cannot suo moto use the statements to prove compliance with Section 145 of the Evidence Act. If the witness was not confronted with that part of the statement with which the defence wanted to contradict him, then the Court cannot suo moto make use of statements to police not proved in compliance with Section 145 of the Evidence Act that is, by drawing attention to the parts intended for contradiction. Mishra and another Versus State of Uttarakhard and another, the court held that under Section 145 of the Evidence Act when it is intended to contradict the witness by his previous statement which is reduced into writing, the attention of such witness must be called upon to those parts of the previous statement which are to be used for the purpose of contradicting him before the writing can be used. Court in VK Mishra's case have held that if the witness was not confronted with that part of the statement with which the defence wanted to contradict him, then the Court cannot suo moto make use of statements to police not proved in compliance with Section 145 of the Evidence Act that is, by drawing attention to the parts intended for contradiction.

Evidence Witness Evidence Act Prosecution Statement Case Statements State Court Held That Part Section 145 Of Previous Statement  ph  high  evidence  drawn  statement  statements  prosecution  court  held  used  case  witness  state  s145  purpose  crossexamination  previous

History of this topic

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal
2 weeks, 3 days ago

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal

Live Law  

" This we need to keep in mind that the statement of the witnesses recorded in course of the investigation under Section 161 of the Code of Criminal Procedure cannot be a basis to convict the accused and that too for a serious offence of murder. Upholding a 1991 acquittal order of the sessions court, the Rajasthan High Court said …

Can't Sit Over Expert Panel Report Unless Malice Is Alleged: High Court Rejects Plea Challenging Haryana PGT Teacher Exam Answer Key
3 weeks, 1 day ago

Can't Sit Over Expert Panel Report Unless Malice Is Alleged: High Court Rejects Plea Challenging Haryana PGT Teacher Exam Answer Key

Live Law  

The Punjab & Haryana High Court dismissed the plea challenging the screening test question paper for the post of Post Graduate Teacher and its final answer key published in October 2024 noting that the expert committee has already been formed and Court cannot sit over it, unless there is an allegation of malice. Justice Sanjeev Prakash Sharma and Justice Meenakshi …

[SC/ST Act] Victim Belonging SC/ST Community Not Sufficient To Attract Offence Without Intention To Humiliate Due To Caste Identity: P&H High Court
3 weeks, 1 day ago

[SC/ST Act] Victim Belonging SC/ST Community Not Sufficient To Attract Offence Without Intention To Humiliate Due To Caste Identity: P&H High Court

Live Law  

The Punjab & Haryana High Court has set aside charges framed under the Scheduled Caste and Scheduled Tribes Act, observing that the offence cannot be attracted merely on the ground that the victim belongs to the SC/ST community without intention to humiliate him due to his caste. Justice Harpreet Singh Brar said, "merely the fact that the victim belongs to …

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents
1 month ago

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents

Live Law  

The Punjab & Haryana High Court upheld the divorce decree granted to the husband against wife for committing cruelty on the ground that she insulted and pressurised her husband to get separated from his family. The Family Court had granted divorce on the ground that the wife had committed cruelty against husband by pressurizing him to get separated from his …

Supreme Court Takes Suo Motu Case Over Lokpal Decision That It Entertain Complaint Against High Court Judge
1 month, 1 week ago

Supreme Court Takes Suo Motu Case Over Lokpal Decision That It Entertain Complaint Against High Court Judge

Live Law  

The Supreme Court has initiated a suo motu case over a Lokpal decision that it can exercise jurisdiction over High Court Judges.A Special Bench comprising Justice BR Gavai, Justice Surya Kant and Justice Abhay S Oka will hear the suo motu case tomorrow.In the order passed on January 27, the Lok Pal, headed by. The Supreme Court has initiated a …

Punjab & Haryana High Court Weekly Round-Up [February 10-16, 2025]
1 month, 1 week ago

Punjab & Haryana High Court Weekly Round-Up [February 10-16, 2025]

Live Law  

Nominal Index RENU SHARMA AND ORS v. HARYANA PUBLIC SERVICE COMMISSION 2024 LiveLaw 62RAMAN @ SONU v. STATE OF PUNJAB 2025 LiveLaw 63 Aaditya Sharma v. State of Punjab 2025 LiveLaw 64Amandeep Singh v. Preet Industries and Anr. 2025 LiveLaw 65 Dhanna Ram v. State of Haryana Citation: 2025 LiveLaw 66 Ravisan and others v. State of Punjab and others …

Record In Warrant Cases | Non-Signing Of Witness's Deposition By Magistrate Will Be Fatal To Case: Punjab & Haryana HC
1 month, 1 week ago

Record In Warrant Cases | Non-Signing Of Witness's Deposition By Magistrate Will Be Fatal To Case: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that non- signing of the deposition of the witnesses, by a Magistrate in a warrant case under Section 275 CrPC would be fatal to the case of the prosecution.Justice Harpreet Singh Brar said, "A bare perusal of the CrPC) provision indicates that any evidence taken by the jurisdictional Magistrate, in written. The …

Supreme Court Stays Observations Made By P&H High Court Against Haryana Addl Advocate General
1 month, 1 week ago

Supreme Court Stays Observations Made By P&H High Court Against Haryana Addl Advocate General

Live Law  

The Supreme Court today stayed the adverse observations made by the Punjab and Haryana High Court against the Additional Advocate General of Haryana in a case where an undertrial prisoner died during the pendency of bail application.A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma passed the interim order in a Special Leave Petition filed by the State. …

Supreme Court Summons Haryana DGP Over Illegal Arrest Violating 'Arnesh Kumar' Guidelines
1 month, 1 week ago

Supreme Court Summons Haryana DGP Over Illegal Arrest Violating 'Arnesh Kumar' Guidelines

Live Law  

The Supreme Court recently directed the personal appearance of the Director General of Police, Haryana, since no action was reported to have been taken against police officials who arrested a person in violation of the directions passed in Arnesh Kumar v. State of Bihar.In Arnesh Kumar, the Supreme Court passed several guidelines to curb unnecessary and casual arrest, and directed …

'Shocking', 'Lower Court Records Not Received By Appellate Court For 5 Yrs': Punjab & Haryana HC Calls Judicial Officer's Actions 'Unacceptable'
1 month, 2 weeks ago

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

Live Law  

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

State Must Ensure Only Competent Lawyers Are Appointed To Represent It, Can't Afford Misinformation In Matters Of Life & Liberty: P&H HC
1 month, 3 weeks ago

State Must Ensure Only Competent Lawyers Are Appointed To Represent It, Can't Afford Misinformation In Matters Of Life & Liberty: P&H HC

Live Law  

The Punjab & Haryana High Court has said that "the State is obligated to ensure that only competent and ethical professionals are entrusted with the responsibility of representing the State before the Court. The Punjab & Haryana High Court has said that "the State is obligated to ensure that only competent and ethical professionals are entrusted with the responsibility of …

Undertrial Dies Awaiting Medical Bail: P&H High Court Pulls Haryana Govt Counsel For 'Misleading Court'
1 month, 3 weeks ago

Undertrial Dies Awaiting Medical Bail: P&H High Court Pulls Haryana Govt Counsel For 'Misleading Court'

Live Law  

Following the demise of an undertrial awaiting medical bail, the Punjab and Haryana High Court flagged the failure of Haryana government who made "misleading submissions" before the Court.The accused was referred to Gurugram's Artemis hospital on request of family members. Following the demise of an undertrial awaiting medical bail, the Punjab and Haryana High Court flagged the failure of Haryana …

Undertrial Dies Awaiting Medical Bail: P&H High Court Pulls Haryana Govt Counsel For 'Misleading Court'
1 month, 3 weeks ago

Undertrial Dies Awaiting Medical Bail: P&H High Court Pulls Haryana Govt Counsel For 'Misleading Court'

Live Law  

Following the demise of an undertrial awaiting medical bail, the Punjab and Haryana High Court flagged the failure of Haryana government who made "misleading submissions" before the Court.The accused was referred to Gurugram's Artemis hospital on request of family members. Following the demise of an undertrial awaiting medical bail, the Punjab and Haryana High Court flagged the failure of Haryana …

P&H High Court Quashes FIR Against Selected Candidates In Haryana Civil Services Accused Of Being Involved In Favouritism, Corruption Case
1 month, 3 weeks ago

P&H High Court Quashes FIR Against Selected Candidates In Haryana Civil Services Accused Of Being Involved In Favouritism, Corruption Case

Live Law  

The Punjab & Haryana High Court has quashed the FIR and summoning orders under the Prevention of Corruption Act against selected candidates in Haryana Civil Services 2004, accused of being involved in corruption case against the Chairman and Members of the HPSC in selections from the year 2001 to 2004. Shekhawat noted that, ".after the registration of the FIR, the …

State Should Not Act Like Private Party In Litigation With Citizens; Must Take Balanced, Welfare Oriented Approach: Punjab & Haryana HC
1 month, 3 weeks ago

State Should Not Act Like Private Party In Litigation With Citizens; Must Take Balanced, Welfare Oriented Approach: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that in discharging its role as a litigant, the State must adopt a balanced and judicious approach, resisting the temptation to oppose the claims of citizens indiscriminately.Chief Justice Sheel Nagu and Justice Sumeet Goel said, “The State must exercise due diligence in distinguishing between a baseless and a legitimate claim. The Punjab …

Advocates Act | State Bar Council Must Have 'Reason To Believe' Before Issuing Notice To Lawyer On Complaint Of Misconduct: Punjab & Haryana HC
Trending News
1 month, 4 weeks ago

Advocates Act | State Bar Council Must Have 'Reason To Believe' Before Issuing Notice To Lawyer On Complaint Of Misconduct: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that under the Advocates Act, the State Bar Council must have “reason to believe” that an advocate against whom a complaint is made is guilty of professional or other misconduct before issuing notice to him.According to Section 35 of the Advocates Act, where on receipt of a complaint or otherwise. …

SC orders Haryana to pay ₹500,000 each to 3 men wrongly convicted of murder
1 month, 4 weeks ago

SC orders Haryana to pay ₹500,000 each to 3 men wrongly convicted of murder

Hindustan Times  

NEW DELHI: The Supreme Court on Wednesday directed the Haryana government to pay ₹5 lakh each in compensation to three men who were wrongfully convicted of murder and sentenced to life imprisonment, holding the public prosecutor responsible for the miscarriage of justice and highlighting systemic flaws in the appointment of prosecutors based “solely on political considerations” rather than merit. The …

Punjab & Haryana High Court Directs Reinstatement Of Judge Who Was Expelled Over Alleged Misconduct Committed As A Lawyer
2 months, 1 week ago

Punjab & Haryana High Court Directs Reinstatement Of Judge Who Was Expelled Over Alleged Misconduct Committed As A Lawyer

Live Law  

The Punjab & Haryana High Court has directed to reinstate an additional and sessions judge with consequential benefit, who was dispensed from service during the probation period on account of "doubtful integrity". On the basis of a complaint made against the judge, in the Annual Confidential Report for the year 2015-16 recorded by the then Administrative Judge, the OSD Haryana …

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court
2 months, 2 weeks ago

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court

Live Law  

The Patna High Court has held that those not charge-sheeted by the police can also be summoned to face trial under Section 319 of the Code of Criminal Procedure India, 1973 if strong and cogent evidence against them surfaces during the trial. Justice Jitendra Kumar, while dismissing the criminal revision petition filed by Draupadi Kunwar and others, observed, “The Court …

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case
2 months, 2 weeks ago

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case

Live Law  

The Supreme Court, observed that in rape cases if a conviction is based on the sole evidence of a single witness, even that of the victim herself, such evidence should inspire confidence in the Court. But nevertheless when a person can be convicted on the testimony of a single witness the Courts are bound to be very careful in examining …

Supreme Court Stays P&H High Court's Direction For Verandah Construction At HC After Chandigarh Admin's Concerns Over UNESCO Heritage Status
Trending News
2 months, 2 weeks ago

Supreme Court Stays P&H High Court's Direction For Verandah Construction At HC After Chandigarh Admin's Concerns Over UNESCO Heritage Status

Live Law  

The Supreme Court today stayed the interim order dated November 29, 2024, in which direction was passed against the Chandigarh Administration to begin the construction of a Verandah outside the Court 1 of the Chief Justice's Court of the Punjab and Haryana High Court. The Court while issuing notice to the Respondents also stayed the contempt notice issued by the …

Punjab & Haryana High Court Summons Chandigarh Traffic SSP Over UT's Contradictory Stand On Sitting Judge's Threat Perception
2 months, 2 weeks ago

Punjab & Haryana High Court Summons Chandigarh Traffic SSP Over UT's Contradictory Stand On Sitting Judge's Threat Perception

Live Law  

The Punjab and Haryana High Court today summoned Chandigarh's Traffic SSP over contradictory stand taken by UT on a sitting High Court's judge threat perception.The Court noted that the report of SSP, Traffic submitted to it by the UT administration disclosed that the threat perception had been "heightened". The Punjab and Haryana High Court today summoned Chandigarh's Traffic SSP over …

Gurugram Land Scam: Punjab & Haryana HC Rejects Additional Accused's Challenge To Summoning Order, Finds Prima Facie 'Active Role In Conspiracy'
Trending News
2 months, 2 weeks ago

Gurugram Land Scam: Punjab & Haryana HC Rejects Additional Accused's Challenge To Summoning Order, Finds Prima Facie 'Active Role In Conspiracy'

Live Law  

The Punjab and Haryana High Court has upheld the order summoning an additional accused to face trial in the Gurugram land acquisition scam, allegedly involving then Haryana Chief Minister Bhupinder Singh Hooda and others from the Industrial Model Township. Justice Kuldeep Tiwari opined that there are sufficient incriminating evidence which require the Petitioner- Amit Katyal, who was the Director of …

VB to move SC against HC order to quash FIRs in PSIEC, foodgrain scams
2 months, 3 weeks ago

VB to move SC against HC order to quash FIRs in PSIEC, foodgrain scams

Hindustan Times  

The vigilance bureau will approach the Supreme Court to challenge the Punjab and Haryana high court’s decision to quash cases registered in the Punjab Small Industries and Export Corporation and the foodgrain transportation scams. The vigilance bureau will approach the Supreme Court to challenge the Punjab and Haryana high court’s December 20 decision to quash cases registered in the Punjab …

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

Public Interest Won't Be Protected If Media Is Curbed: P&H HC Closes Contempt Plea Over News Article On Alleged Corruption In Court
3 months ago

Public Interest Won't Be Protected If Media Is Curbed: P&H HC Closes Contempt Plea Over News Article On Alleged Corruption In Court

Live Law  

The Punjab & Haryana High Court closed the contempt case initiated against Hisar District Court advocates and editor of a local daily for getting published an article against district judges that they are allegedly practising.The alleged contemnor relied on Section 13 of the Contempt of Court, in defence.According to Section 13, the court may permit, in any proceeding for contempt …

Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case
3 months, 1 week 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 …

Supreme Court Stays HC Direction To Punjab & Haryana On VVIP/VIP Security Cover
3 months, 2 weeks ago

Supreme Court Stays HC Direction To Punjab & Haryana On VVIP/VIP Security Cover

Live Law  

The Supreme Court recently stayed the direction issued by the Punjab and Haryana High Court to revoke the security cover given to IAS officers in Haryana dealing with civil administration responsibilities or quasi-judicial work. The Court also stayed the High Court's direction which sought details of the Police security provided to VIPs and VVIPs in Punjab and Haryana. In the …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
3 months, 2 weeks ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

Supreme Court Monthly Round-up: November 2024
3 months, 3 weeks ago

Supreme Court Monthly Round-up: November 2024

Live Law  

Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: Nabha Power Ltd and another v. Punjab State Power Corporation Ltd. Citation: 2024 LiveLaw 861 The Supreme Court held that a press release issued by the Government of India about certain changes in the mega power policy did not constitute 'law' and 'change in law' in terms …

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
3 months, 3 weeks ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts
4 months ago

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts

Live Law  

The Supreme Court has sounded a word of caution to the Courts to ensure that distant relatives of a husband are not unnecessarily implicated in criminal cases filed at the instance of wife alleging domestic cruelty under Section 498A of the Indian Penal Code.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal made this observation while quashing the criminal …

Infrastructure Of District Courts In Punjab & Haryana Not Disabled Friendly, High Court Asks Building Committees To Take Action
4 months, 1 week ago

Infrastructure Of District Courts In Punjab & Haryana Not Disabled Friendly, High Court Asks Building Committees To Take Action

Live Law  

From an affidavit filed by the governments of Punjab and Haryana, the High Court has found that the infrastructure in district courts and sub-district courts in the states are not disabled friendly.Chief Justice Sheel Nagu and Justice Alok Jain observed that, "The charts filed by the State of Punjab as well as State of Haryana reveal that there are several …

Supreme Court Weekly Round-up: November 11, 2024 To November 17, 2024
4 months, 1 week ago

Supreme Court Weekly Round-up: November 11, 2024 To November 17, 2024

Live Law  

Nominal Index Citations M/S Crystal Transport Private Limited & Anr. Case Details: XYZ v. State of Gujarat Citation: 2024 LiveLaw 887 The Supreme Court advised High Courts to exercise caution before quashing non-compoundable cases based on settlement between the victim and the accused. Case Details: Som Nath Bharti v. State of Uttar Pradesh The Supreme Court dismissed a petition filed …

Culprit Behind Theft And Fire At Judicial Officer's House Not Brought To Books Yet, Punjab & Haryana High Court Orders Speedy Investigation
4 months, 2 weeks ago

Culprit Behind Theft And Fire At Judicial Officer's House Not Brought To Books Yet, Punjab & Haryana High Court Orders Speedy Investigation

Live Law  

The Punjab and Haryana High Court has sought speedy investigation in a case pertaining to theft and fire at the residence of Judicial Magistrate posted in Ambala, which took place on October 04. Chief Justice Sheel Nagu and Justice Anil Kshetarpal was hearing a suo moto case initiated after the incident. In pursuance to the same, a status report was …

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court
4 months, 2 weeks ago

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court set aside the charges framed for contempt of court, observing that the undertaking given by the State counsel following the instruction of the official was not authorised to give the undertaking.A case seeking direction for conducting exam of Kanungo for promotion to the post of Naib Tehsildar was filed, however the same was disposed …

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court
4 months, 2 weeks ago

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court set aside the charges framed for contempt of court, observing that the undertaking given by the State counsel following the instruction of the official was not authorised to give the undertaking.A case seeking direction for conducting exam of Kanungo for promotion to the post of Naib Tehsildar was filed, however the same was disposed …

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index
4 months, 2 weeks ago

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index

Live Law  

Advocate Advocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing. Devendra Kumar Pal v. State of U.P., 2024 LiveLaw 687 Section 401 - Under Section 401 Cr.P.C., the High Court lacks the authority to convert an acquittal into a conviction in revision proceedings. Omkar Ramchandra …

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index
4 months, 2 weeks ago

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index

Live Law  

Advocate Advocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing. Devendra Kumar Pal v. State of U.P., 2024 LiveLaw 687 Section 401 - Under Section 401 Cr.P.C., the High Court lacks the authority to convert an acquittal into a conviction in revision proceedings. Omkar Ramchandra …

'Pained & Shocked' Over Trial Judge Who Held Witness Guilty For Taking Contradictory Stand: P&H HC Refers Matter To CJ, Recommends Training
4 months, 2 weeks ago

'Pained & Shocked' Over Trial Judge Who Held Witness Guilty For Taking Contradictory Stand: P&H HC Refers Matter To CJ, Recommends Training

Live Law  

The Punjab & Haryana High Court has expressed shock over the conduct of a judge who held the witness guilty for giving false statement because he took a contradictory stand before the police and the Court. Justice Sanjeev Prakash Sharma and Justice Sanjay Vashishth said, "We are extremely pained and shocked by the manner by which the concerned Additional Sessions …

‘Scandalous’: CJI DY Chandrachud lambasts high court's unusual criticism of Supreme Court
7 months, 3 weeks ago

‘Scandalous’: CJI DY Chandrachud lambasts high court's unusual criticism of Supreme Court

Hindustan Times  

The Supreme Court on Wednesday called the criticism of the Punjab and Haryana High Court of its verdict scandalous and unnecessary. Hearing a suo moto case over the high court's unusually harsh observations, a bench headed by Chief Justice of India DY Chandrachud said the Supreme Court was pained by the remarks. The Supreme Court on Tuesday took suo motu …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 months, 3 weeks 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 …

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court
8 months, 2 weeks ago

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court

Live Law  

Kerala High Court has held that while Court is exercising its power to quash proceedings, the Court cannot examine the correctness or genuineness of the complaint. to quash criminal proceedings, the High Court would have to proceed entirely on the basis of the allegations made in the complaint or the documents accompanying the same per se. It has been further …

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests
9 months ago

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests

Live Law  

The Supreme Court on Monday dismissed a petition filed by the Haryana Staff Selection Commission against a judgment of the Punjab and Haryana High Court setting aside a 2022 Notification that granted 5% additional marks to domiciles of Haryana in recruitment to certain posts based on "socio-economic" criteria. The vacation bench of Justices AS Oka and Rajesh Bindal was hearing …

Testimony Of Injured Witness Can Be Relied Upon Unless There Are Major Contradictions: Rajasthan High Court
9 months, 2 weeks ago

Testimony Of Injured Witness Can Be Relied Upon Unless There Are Major Contradictions: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that the testimony of an injured witness cannot be discarded merely because of minor discrepancies since he is not likely to spare the actual assailant in order to falsely implicate someone else. The bench of Justice Sudesh Bansal thus observed that the testimony of an injured witness is accorded a special status in law …

'Witnesses Cannot Be Expected To Present Parrot-Like Version Before Trial Court': Punjab & Haryana High Court Upholds Conviction In Murder Case
9 months, 3 weeks 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 …

'Ignoring Precedent A Material Error' : Supreme Court Recalls Its 2022 Verdict For Not Considering Constitution Bench Judgment
10 months, 1 week ago

'Ignoring Precedent A Material Error' : Supreme Court Recalls Its 2022 Verdict For Not Considering Constitution Bench Judgment

Live Law  

The Supreme Court on May 16 recalled an earlier judgment passed it in 2022 after noting that a precedent laid down by the Constitution Bench was not applied in it.Reiterating the position of law laid down by the Five Judge Constitution Bench in Bhagat Ram & others vs. State of Punjab & others, the Court observed that if there exists …

Punjab & Haryana High Court Weekly Round-Up: May 6 – May 12, 2024
10 months, 1 week ago

Punjab & Haryana High Court Weekly Round-Up: May 6 – May 12, 2024

Live Law  

Nominal Index Neeraj Bhardhwaj v. State of Haryana & Ors. Citation: 2024 LiveLaw 150 Bhupinder Singh Hooda v. State of Haryana and others Citation: 2024 LiveLaw 151 Vijender v. State of Haryana Citation: 2024 LiveLaw 152 Reports 'Can Only Imagine Plight Of Students Being Taught By Unqualified Persons': Punjab & Haryana HC Calls For Action Against Profs Without Minimum UGC …

Madras High Court calls for legal services authority’s report on ‘Savukku’ Shankar’s health condition
10 months, 2 weeks ago

Madras High Court calls for legal services authority’s report on ‘Savukku’ Shankar’s health condition

The Hindu  

The Madras High Court on Wednesday called for a report from the Coimbatore District Legal Services Authority after being informed that the latter had deputed three empanelled lawyers and an orthopaedician to check on the health of YouTuber ‘Savukku’ Shankar, alias A. Shankar, following complaints of custodial violence in the Coimbatore Central Prison. While Senior Counsel R. John Sathyan, representing …

Punjab & Haryana HC Stays FIR Against Youth Congress Leader Contesting Lok Sabha Polls Against Ex-CM Manohar Lal Khattar, Issues Notice On Plea For Quashing
10 months, 3 weeks ago

Punjab & Haryana HC Stays FIR Against Youth Congress Leader Contesting Lok Sabha Polls Against Ex-CM Manohar Lal Khattar, Issues Notice On Plea For Quashing

Live Law  

The Punjab & Haryana High Court today, has issued notice on plea filed by Youth Congress leader Divyanshu Budhiraja, seeking quashing of a case registered against him for his alleged failure to appear before the trial court in a criminal case. Budhiraja, is contesting from Haryana's Karnal Lok Sabha seat against former Chief Minister ML Khattar.The plea stated that Budhiraja …

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