'Father of deceased' has the Locus standi to file an Appeal against Acquittal of Accused, but with leave of the High Court; SC partially overrules Delhi HC's Full Bench Judgment
9 years, 5 months ago

'Father of deceased' has the Locus standi to file an Appeal against Acquittal of Accused, but with leave of the High Court; SC partially overrules Delhi HC's Full Bench Judgment

Live Law  

A two Judge Bench of the Supreme Court in Satya Pal Singh v. State of M.P held that the father of the deceased has locus standi to prefer an appeal before the High Court under proviso to Section 372 of Cr.P.C. The Counsel for the Appellant relied on a Full Bench Judgment of Delhi High Court in Ram Phal v. State & Ors wherein, it has held that the father of the victim has locus standi to prefer an appeal as he comes under the definition of victim under Section 2 of the Cr.P.C. It was contended that in the instant case, the appellant, being father of the deceased, has locus standi to file an appeal before the High Court against the order of acquittal under proviso to Section 372 without seeking the leave of the High Court as required under sub-Section of Section 378 of Cr.P.C. To that extend the Supreme Court overruled the Judgment in of Delhi High Court in Ram Phal Setting aside the Judgment of High Court, Supreme Court made it clear the legal position in the following words "whether the appellant herein, being the father of the deceased, has statutory right to prefer an appeal to the High Court against the order of acquittal under proviso to Section 372 of Cr.P.C. ", this Court is of the view that the right of questioning the correctness of the judgment and order of acquittal by preferring an appeal to the High Court is conferred upon the victim including the legal heir and others, as defined under Section 2 of Cr.P.C., under proviso to Section 372, but only after obtaining the leave of the High Court as required under sub-Section to Section 378 of Cr.P.C.

Delhi Supreme Court High Court Appeal Judgment Court Victim Delhi High Court Order High Leave Bench File Proviso Section 378 Locus Standi Section 372 372 Section 372 Of  file  hcs  subsection  372  standi  court  crpc  sc  locus  proviso  partially  order  appeal  high  overrules  judgment  victim  leave

History of this topic

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers
3 weeks, 6 days ago

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers

Live Law  

The Delhi High Court has observed that a Trial Court's order allowing the application of an accused for preservation of Call Detail Records and location data of CBI officers and independent witnesses is an 'interlocutory order' and thus a revision petition under Section 397 CrPC challenging the order is not applicable. It argued that the Trial Court's order prejudiced the …

Delhi HC fines petitioner who sought info on SC Collegium’s criteria for appointments
10 months ago

Delhi HC fines petitioner who sought info on SC Collegium’s criteria for appointments

The Hindu  

The Delhi High Court has dismissed a petition seeking a direction to the Supreme Court Collegium to provide detailed reasons while refusing to accept recommendations for appointment of High Court judges. Petitioner Rakesh Kumar Gupta also sought directions to the top court collegium to reveal the “qualification” needed for appointment as a High Court judge, and publish monthly data related …

SC Refuses to Stay Sai Baba Acquittal
1 year ago

SC Refuses to Stay Sai Baba Acquittal

Deccan Chronicle  

New Delhi: Terming the Bombay High Court order clearing former Delhi University professor G.N. Saibaba and others in the Maoist links case “prima facie well-reasoned”, the Supreme Court on Monday rejected a Maharashtra government application seeking a stay on their acquittal in the case. “Prima facie, we find that the High Court order is well reasoned,” the bench said, with …

Section 9 Not Res Judicata For Section 17 Application When Withdrawal Is Conditional: Delhi High Court Dismisses Section 37(2)(B) Application
1 year ago

Section 9 Not Res Judicata For Section 17 Application When Withdrawal Is Conditional: Delhi High Court Dismisses Section 37(2)(B) Application

Live Law  

The Delhi High Court bench comprising Justice Manoj Kumar Ohri held that the Section 9 application under Arbitration and Conciliation Act, 1996 cannot act as res judicata for Section 17 application when the withdrawal of Section 9 application is conditional between the parties. Feeling aggrieved, DTC approached the Delhi High Court and filed Section 37 application challenging this order, asserting …

Reasons For Bias Do Not Fall Under VII Schedule Of A&C Act , Petition Is Abuse Of Process Of Court : Delhi High Court
1 year, 10 months ago

Reasons For Bias Do Not Fall Under VII Schedule Of A&C Act , Petition Is Abuse Of Process Of Court : Delhi High Court

Live Law  

The Delhi High Court has held that an arbitrator can be removed under Section 14 which provides for de jure ineligibility of arbitrator only if his appointment falls within the grounds mentioned under the VII Schedule. The bench of Justice Chandra Dhari Singh held that the mandate of the arbitrator on grounds of bias and prejudice cannot be terminated if …

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC
1 year, 10 months ago

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC

Live Law  

“In the exercise of this wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. The Supreme Court held that even when the …

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court
1 year, 10 months ago

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court

Live Law  

The Supreme Court has held that in order to suspend the substantive order of sentence under Section 389 of the Criminal Procedure Code, there ought to be something apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable. It also …

SC sets aside Bombay HC order acquitting former DU professor GN Saibaba
1 year, 11 months ago

SC sets aside Bombay HC order acquitting former DU professor GN Saibaba

Hindustan Times  

The Supreme Court on Wednesday set aside a Bombay High Court order acquitting former Delhi University professor G N Saibaba in an alleged Maoist links case and remanded it to the high court for fresh consideration on merits within four months. The Court was hearing appeals filed by the Maharashtra government challenging the order of acquittal passed on October 14 …

[Prof GN Saibaba Case] 'Matter Be Remanded To High Court To Decide All Issues Afresh’: Saibaba’s Counsel To Supreme Court
1 year, 11 months ago

[Prof GN Saibaba Case] 'Matter Be Remanded To High Court To Decide All Issues Afresh’: Saibaba’s Counsel To Supreme Court

Live Law  

In a plea filed by State of Maharashtra challenging the order of the Bombay High Court whereby it allowed appeals against the conviction and life sentence imposed on DU Professor GN Saibaba and five others under the anti-terror law UAPA, a suggestion was floated before the Supreme Court, on Tuesday. Senior Advocate, Mr. R. Basant appearing on behalf of Saibaba …

Dismiss With 'Equally Heavy Hearts': Delhi High Court To Candidate Who Needed Only 0.33% Marks To Reach Interview Stage Of Judicial Services Exam
2 years, 5 months ago

Dismiss With 'Equally Heavy Hearts': Delhi High Court To Candidate Who Needed Only 0.33% Marks To Reach Interview Stage Of Judicial Services Exam

Live Law  

The Delhi High Court has dismissed the petition of a judiciary aspirant who had prayed for a direction to declare him qualified in Delhi Higher Judicial Services Examination - 2022.Anil Kumar, the petitioner, could not clear the examination and was declared unsuccessful solely for the reason that the marks secured by him in Paper-I were below the. The Delhi High …

Delhi High Court suspends sentence of ex-Haryana CM OP Chautala in assets case
2 years, 7 months ago

Delhi High Court suspends sentence of ex-Haryana CM OP Chautala in assets case

Live Mint  

The Delhi High Court on Wednesday suspended the sentence of former Haryana Chief Minister Om Prakash Chautala till the pendency of the appeal in a disproportionate assets case. to be decided along with the appeal, the sentence of the appellant/applicant is suspended till the pendency of the present appeal," said Delhi High Court, as per news agency ANI report. Earlier …

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court
2 years, 8 months ago

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court

Live Law  

The Delhi High Court has held that applications under Order XXII Rule 3 of CPC for substitution of legal heirs, or under Order XXII Rule 9 of the Code for setting aside abatement of proceedings must be considered liberally. The issues that arose for consideration in this case were– whether the consumer complaint case filed by the respondents had abated …

Supreme Court Sets Aside Delhi HC Bail To Man Accused Of Kidnap-Murder Of 13 Year Old Boy
2 years, 10 months ago

Supreme Court Sets Aside Delhi HC Bail To Man Accused Of Kidnap-Murder Of 13 Year Old Boy

Live Law  

The Supreme Court on Tuesday set aside the Delhi High Court order granting bail to a man accused of kidnapping and murdering the 13-year-old son of a Delhi jeweler in 2014, whose body was found in a drain in East Delhi in November 2014. Before the court, Dr Menaka Guruswamy, senior counsel appearing on behalf of the appellants, submitted that: …

Delhi High Court Calls For Sensitization Of Newly Recruited Judges Regarding Proclamation/ Attachment Proceedings Under S.82/ 83 CrPC
2 years, 11 months ago

Delhi High Court Calls For Sensitization Of Newly Recruited Judges Regarding Proclamation/ Attachment Proceedings Under S.82/ 83 CrPC

Live Law  

The Delhi High Court has said that it shall be appropriate that newly recruited officers of the Delhi Judicial Service may be sensitized by holding of appropriate sessions at Delhi Judicial Academy with reference to proceedings under sec. It was thus argued by the counsel for the petitioner that the order passed by trial court was in complete disregard of …

'Let The Exam Go Through' : Supreme Court Dismisses Plea To Modify Order Granting Upper-Age Relaxation In DJSE
3 years ago

'Let The Exam Go Through' : Supreme Court Dismisses Plea To Modify Order Granting Upper-Age Relaxation In DJSE

Live Law  

The Supreme Court on Friday dismissed a plea seeking to change the cut-off of "Not Born Before 01.01.1989" for General Category Candidates in the Delhi Judicial Service Exam as "Not Born Before 01.01.1988".The Miscellaneous Application sought a modification of the Top Court's order dated March 14, 2022 with regard to relaxation of upper age limit in the Delhi Judicial Service …

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC
3 years ago

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC

Live Law  

The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under Section 378 of the Code Of Criminal Procedure could be granted by the High Court only where the view taken by acquitting judge is clearly unreasonable.The Bench of Justice Mohd. The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under …

Inherent Jurisdiction Of High Court U/S 482 CrPC Can't Be Invoked To Override Bar Of Review U/S 362: Delhi HC
3 years, 1 month ago

Inherent Jurisdiction Of High Court U/S 482 CrPC Can't Be Invoked To Override Bar Of Review U/S 362: Delhi HC

Live Law  

The Delhi High Court has refused to entertain a petition under Section 482 of the Code of Criminal Procedure 1973 for setting aside its own Judgment, citing the bar on review envisaged under Section 362 CrPC. Section 362 stipulates that no Court, when it has signed its Judgment or final order disposing of a case, shall alter or review the …

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court
3 years, 4 months ago

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court

Live Law  

The Supreme Court reiterated that a High Court in a criminal appeal under Section 374 of Code of Criminal Procedure is duty bound to consider the entirety of the evidence. In the exercise of its appellate jurisdiction, the High Court was required to evaluate the evidence on the record independently and to arrive at its own findings as regards the …

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court
3 years, 6 months ago

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court

Live Law  

Observing that an offence of Attempt To Murder will fall under the category of heinous offence, and therefore, has to be treated as a crime against society, the Delhi High Court on Monday refused to quash an FIR registered for an offence under 307/34 IPC. Court's observations At the outset, the Court noted that there was a conflict of opinions …

Delhi High Court Temporarily Stays Order For Extension Of CM Advocates' Welfare Scheme To All Lawyers Residing In NCR
3 years, 6 months ago

Delhi High Court Temporarily Stays Order For Extension Of CM Advocates' Welfare Scheme To All Lawyers Residing In NCR

Live Law  

The Delhi High Court today granted a temporary stay on a single judge order for extension of benefits under CM Advocates' Welfare Scheme to all lawyers who are residing in the NCR region but are practicing in Delhi. A Division Bench of Chief Justice DN Patel and Justice Amit Bansal, after hearing Advocate Satyakam for Delhi Government, ordered that operation …

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court
3 years, 8 months ago

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court

Live Law  

The Supreme Court reiterated that brief reasons must be given in an order disposing an application for leave to appeal under Section 378 ofthe Code of Criminal Procedure 1973 against an order of acquittal.Merely observing that the order of the trial Judge has taken a possible view without an application of mind to the evidence and the findings is not …

Deconstructing a draconian law
3 years, 9 months ago

Deconstructing a draconian law

The Hindu  

“Bail is a constitutional recognitionof the presumption of innocence,” said Justice Siddarth Mridul in the CAN Foundation webinar, while addressing the issue of personal liberty in India. Therefore, Section 43 of the Act inter alia says the person accused under the Act “shall not be released on bail or on his own bond if the court …is of the opinion …

Cannot Act As An Appellate Authority Over A Decision Taken At Highest Level In The Government: Delhi High Court
4 years, 1 month ago

Cannot Act As An Appellate Authority Over A Decision Taken At Highest Level In The Government: Delhi High Court

Live Law  

Delhi High Court has on Tuesday observed that it cannot sit as an Appellate Authority over a decision taken at the highest level in the Government. While observing this, the Court refused to interfere with the Delhi government's decision whereby it refused to grant study leave to the petitioner, to pursue Postgrad in Paediatrics from PGI Chandigarh. A single Bench …

Delhi High Court Refuses To Transfer A Declaration Suit Between The Parties To Marriage To Family Courts [Read Order]
4 years, 6 months ago

Delhi High Court Refuses To Transfer A Declaration Suit Between The Parties To Marriage To Family Courts [Read Order]

Live Law  

By way of background, the Delhi High Court in Amina Bharatram v Sumant Bharatram & Others CS OS No. 411/2010 pronounced on 19th July 2016, held that "the Delhi High Court is a "district court" under Section 8 in respect of all matters enumerated in Explanation to Section 7 of the Act &The Delhi High Court does not possess jurisdiction …

[Section 372 CrPC] Appeal Filed By Victim Seeking Enhancement Of Sentence Not Maintainable: SC [Read Judgment]
4 years, 7 months ago

[Section 372 CrPC] Appeal Filed By Victim Seeking Enhancement Of Sentence Not Maintainable: SC [Read Judgment]

Live Law  

The Supreme Court has held no appeal can be maintained by victim under Section 372 of the Code of Criminal Procedure on the ground of inadequate sentence.The bench comprising Justices Ashok Bhushan and R. Subhash Reddy observed thus while upholding the Delhi High Court judgment which dismissed the appeal filed by a victim under Section 372 CrPC seeking enhancement of …

"High Court Cannot Exercise Power Under Section 482 CrPC When There Exists A Remedy Of Statutory Appeal Under Section 29 Of Domestic Violence Act": Delhi HC [Read Judgment]
4 years, 8 months ago

"High Court Cannot Exercise Power Under Section 482 CrPC When There Exists A Remedy Of Statutory Appeal Under Section 29 Of Domestic Violence Act": Delhi HC [Read Judgment]

Live Law  

A single judge Bench of the Delhi High Court, last week, held that High Court cannot entertain the petition in its extraordinary power under Section 482 Cr.PC, given the fact that there is a clear remedy of Appeal under Section 29 of the Protection of Women against Domestic Violence Act. "Preliminary objection of the Respondent has given rise to a …

Criminal Trial : Delhi HC Sets Aside Trial Court Order Which Misread Direction For 'Addition' Of Charge As 'Replacement' Of Charge
5 years, 1 month ago

Criminal Trial : Delhi HC Sets Aside Trial Court Order Which Misread Direction For 'Addition' Of Charge As 'Replacement' Of Charge

Live Law  

Through a significant ruling, the Delhi High Court has clarified that there is a difference between "addition" of charge and "alteration" of charge under Section 216 of CrPC. The order passed by Justice Manoj Kumar Ohri states that when the High Court had, in a criminal revision petition, directed the trial court to add the charge under Section 304B of …

Victim Cannot Appeal Against Inadequate Sentence Under Section 372 of CrPC: Delhi HC [Read Judgment]
5 years, 4 months ago

Victim Cannot Appeal Against Inadequate Sentence Under Section 372 of CrPC: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has clarified the position of law on the right of the victim to file an appeal under section 372 of the Criminal Procedure Code. While denying the victim the right to move such an appeal, Justice Vibhu Bakhru went on to note that victim can invoke her right under proviso to section 372 of CrPC only in …

Appeal Cannot Be Disposed Of Without Trial Court Record: SC [Read Order]
5 years, 5 months ago

Appeal Cannot Be Disposed Of Without Trial Court Record: SC [Read Order]

Live Law  

The Supreme Court recently set aside a judgment of Delhi High Court which disposed of a criminal appeal without the record of the trial court before it.The bench comprising Justice NV Ramana, Justice Sanjiv Khanna and Justice Krishna Murari was considering an appeal against a Delhi High Court order which upheld the conviction and sentence imposed on a man under …

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]
5 years, 8 months ago

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]

Live Law  

The Supreme Court has observed, the High Court, in a criminal appeal, cannot reverse the acquittal without affording any opportunity of hearing to the accused or by appointing an amicus curiae to argue the matter on his behalf if he does not enter appearance.The bench comprising Justice R. Banumathi and Justice AS Bopanna found favour with the contention that, in …

Defence Evidence: Application U/S 243CrPC Cannot Be Rejected Unless It Is Vexatious, Delayed or Would Defeat The Ends of Justice:Delhi HC
5 years, 8 months ago

Defence Evidence: Application U/S 243CrPC Cannot Be Rejected Unless It Is Vexatious, Delayed or Would Defeat The Ends of Justice:Delhi HC

Live Law  

Delhi High Court has recently observed that issuing process for an application filed under section 243 of the Cr.P.C by the Trial Court was obligatory unless for reasons recorded, it is held that such application is vexatious, delayed or defeats the ends of justice. The order came based on a petition filed against a judgment of a Trial Court which …

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]
6 years, 4 months ago

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]

Live Law  

The Supreme Court has upheld a full bench order of the Allahabad High Court turning down a reference to it seeking to examine correctness of a division bench judgment which was approved by the apex court.A division bench of Allahabad High Court, doubting the correctness of another division bench judgment in Dr. Vishwajeet Singh and others. The Supreme Court has …

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]
6 years, 4 months ago

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]

Live Law  

The Supreme Court has upheld a full bench order of the Allahabad High Court turning down a reference to it seeking to examine correctness of a division bench judgment which was approved by the apex court.A division bench of Allahabad High Court, doubting the correctness of another division bench judgment in Dr. Vishwajeet Singh and others. The Supreme Court has …

Breaking: Victim Can File Appeal Against Acquittal Without Seeking Leave To Appeal: SC, Justice Gupta Dissents
6 years, 5 months ago

Breaking: Victim Can File Appeal Against Acquittal Without Seeking Leave To Appeal: SC, Justice Gupta Dissents

Live Law  

In a landmark judgment, the Supreme Court has held that a victim can file an appeal in the High Court against the acquittal without seeking leave to appeal.A three Judge Bench comprising Justice Madan B. Lokur,Justice S. Abdul Nazeer and Dipak Gupta was considering the following questions;1.Whether a ‘victim’ as defined in the Cr.P.C. The language of the proviso is …

High Courts Weekly Round-Up
6 years, 9 months ago

High Courts Weekly Round-Up

Live Law  

Bombay High CourtThe Bombay High Court held that in the absence of a named legatee, courts can step in and remove an errant executor in order to protect the interests of one Bipin Gupta’s will.A man has lost his share in his father’s flat for mistreating his step-mother as the Bombay High Court held that it was implied that the …

Mandatory Training For Ultrasonography: SC Stays Delhi HC Judgment In Indian Radiological And Imaging Association Case [Read Order]
7 years ago

Mandatory Training For Ultrasonography: SC Stays Delhi HC Judgment In Indian Radiological And Imaging Association Case [Read Order]

Live Law  

We direct in consequence that the judgment of this Court in Voluntary Health Association of Punjab shall be strictly enforced by all states and union territories untrammelled by any order of any High Court or any other court, the Bench said.The Supreme Court has stayed a Delhi High Court judgment that held that there are no provisions in the Pre-conception …

Mandatory Training For Ultrasonography: SC Stays Delhi HC Judgment In Indian Radiological And Imaging Association Case [Read Order]
7 years ago

Mandatory Training For Ultrasonography: SC Stays Delhi HC Judgment In Indian Radiological And Imaging Association Case [Read Order]

Live Law  

We direct in consequence that the judgment of this Court in Voluntary Health Association of Punjab shall be strictly enforced by all states and union territories untrammelled by any order of any High Court or any other court, the Bench said.The Supreme Court has stayed a Delhi High Court judgment that held that there are no provisions in the Pre-conception …

Management Of Original Suits By Delhi HC: Harish Salve To Suggest Suitable Remedies to SC [Read Order]
7 years, 2 months ago

Management Of Original Suits By Delhi HC: Harish Salve To Suggest Suitable Remedies to SC [Read Order]

Live Law  

Senior counsel representing the Delhi High Court, Harish Salve, told the Supreme Court bench of justices Ranjan Gogoi and R.Banumathi, that he would suggest amendments of existing laws, to ensure timely and expeditious disposal of civil suits by the Delhi High Court, particularly, those involving commercial disputes.The bench requested Salve to put his suggestions in the form of a note …

Management Of Original Suits By Delhi HC: Harish Salve To Suggest Suitable Remedies to SC [Read Order]
7 years, 2 months ago

Management Of Original Suits By Delhi HC: Harish Salve To Suggest Suitable Remedies to SC [Read Order]

Live Law  

Senior counsel representing the Delhi High Court, Harish Salve, told the Supreme Court bench of justices Ranjan Gogoi and R.Banumathi, that he would suggest amendments of existing laws, to ensure timely and expeditious disposal of civil suits by the Delhi High Court, particularly, those involving commercial disputes.The bench requested Salve to put his suggestions in the form of a note …

Breaking: Delhi HC Quashes President’s Order Rejecting Mercy Petition, Commutes Death Sentence Of Sonu Sardar To Life Imprisonment [Read Judgment]
7 years, 9 months ago

Breaking: Delhi HC Quashes President’s Order Rejecting Mercy Petition, Commutes Death Sentence Of Sonu Sardar To Life Imprisonment [Read Judgment]

Live Law  

A Division Bench of Delhi High Court has commuted the death sentence of Sonu Sardar to Life Imprisonment. He was convicted and sentenced to death for killing five members of a scrap dealer’s family in Chhattisgarh.SC Permits Delhi High Court To Hear Death-Row Convict Lodged In Chhattisgarh The bench of Justices G.S.Sistani and Vinod Goel has allowed his petition under …

Breaking: Delhi HC Quashes President’s Order Rejecting Mercy Petition, Commutes Death Sentence Of Sonu Sardar To Life Imprisonment [Read Judgment]
7 years, 9 months ago

Breaking: Delhi HC Quashes President’s Order Rejecting Mercy Petition, Commutes Death Sentence Of Sonu Sardar To Life Imprisonment [Read Judgment]

Live Law  

A Division Bench of Delhi High Court has commuted the death sentence of Sonu Sardar to Life Imprisonment. He was convicted and sentenced to death for killing five members of a scrap dealer’s family in Chhattisgarh.SC Permits Delhi High Court To Hear Death-Row Convict Lodged In Chhattisgarh The bench of Justices G.S.Sistani and Vinod Goel has allowed his petition under …

Delhi HC Judge Disposes Of Criminal Appeals By Reducing Sentence To Period Already Undergone [Read Judgments]
7 years, 9 months ago

Delhi HC Judge Disposes Of Criminal Appeals By Reducing Sentence To Period Already Undergone [Read Judgments]

Live Law  

Justice IS Mehta of the Delhi High Court has disposed of around eight criminal appeals by affirming convictions but by modifying the sentence to the sentence already undergone.Though the crimes and facts of each cases were different, the reasons for modifying the sentence in all these cases are similar viz. Justice IS Mehta of the Delhi High Court has disposed …

Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]
7 years, 11 months ago

Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]

Live Law  

A two-judge bench of the Supreme Court on Tuesday declined the request of amicus curiae senior advocate Shekhar Naphade’s request to reconsider the judgment in Satya Pal Singh vs State of Madhya Pradesh, wherein the Supreme Court held that the ‘victim’ cannot file an appeal against an order of acquittal without the leave of the high court.The bench of Justice …

Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]
7 years, 11 months ago

Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]

Live Law  

A two-judge bench of the Supreme Court on Tuesday declined the request of amicus curiae senior advocate Shekhar Naphade’s request to reconsider the judgment in Satya Pal Singh vs State of Madhya Pradesh, wherein the Supreme Court held that the ‘victim’ cannot file an appeal against an order of acquittal without the leave of the high court.The bench of Justice …

Can Victim In A Complaint Case Appeal Under Section 372 CrPC Proviso; Calcutta HC Refers The Question To Larger Bench [Read Judgment]
8 years ago

Can Victim In A Complaint Case Appeal Under Section 372 CrPC Proviso; Calcutta HC Refers The Question To Larger Bench [Read Judgment]

Live Law  

Access to justice in the form of appeal is a fundamental right of every ‘victim’ of crime and cannot be restricted only to victims in police cases, the Court opined.The Calcutta High Court has referred to the larger bench the question whether a victim in a complaint case can avail of the right to appeal under proviso to Section 372 …

Can Victim In A Complaint Case Appeal Under Section 372 CrPC Proviso; Calcutta HC Refers The Question To Larger Bench [Read Judgment]
8 years ago

Can Victim In A Complaint Case Appeal Under Section 372 CrPC Proviso; Calcutta HC Refers The Question To Larger Bench [Read Judgment]

Live Law  

Access to justice in the form of appeal is a fundamental right of every ‘victim’ of crime and cannot be restricted only to victims in police cases, the Court opined.The Calcutta High Court has referred to the larger bench the question whether a victim in a complaint case can avail of the right to appeal under proviso to Section 372 …

SC Permits Delhi High Court To Hear Death-Row Convict Lodged In Chhattisgarh [Read Orders]
8 years, 2 months ago

SC Permits Delhi High Court To Hear Death-Row Convict Lodged In Chhattisgarh [Read Orders]

Live Law  

The Supreme Court bench of justices Dipak Misra and R.Bhanumati on January 12, allowed the Delhi High Court to hear the petition filed by Sonu Sardar, a death-row convict, lodged in Raipur Central Prison, against the rejection of his mercy petition by the President.The Supreme Court first entertained the Transfer Petition of Chhattisgarh Government which questioned the jurisdiction of the. …

High Courts Weekly Round-Up
8 years, 2 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtThe Allahabad High Court observed that the levy of entry tax on e-commerce sites is prima facie unconstitutional as the state legislature has no authority or competence to do so.Bombay High CourtA division bench of Justice Abhay Oka and Justice GS Kulkarni of the Bombay High Court cautioned family courts to follow the law in letter and spirit, …

High Courts Weekly Round-Up
8 years, 2 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtThe Allahabad High Court observed that the levy of entry tax on e-commerce sites is prima facie unconstitutional as the state legislature has no authority or competence to do so.Bombay High CourtA division bench of Justice Abhay Oka and Justice GS Kulkarni of the Bombay High Court cautioned family courts to follow the law in letter and spirit, …

Supreme Court Pulls Up Delhi HC And Registry [Read Order]
8 years, 5 months ago

Supreme Court Pulls Up Delhi HC And Registry [Read Order]

Live Law  

After being pulled up twice for latches in conducting the Delhi Judicial Services Examination, once again the Delhi High Court and its registry were pulled up by the Supreme Court. The Supreme Court speaking through Justices Ranjan Gogoi and P.C Pant, today came down heavily on the Delhi High Court for failing to render adequate assistance to it on the …

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