S.362 CrPC | No Court Can Alter Judgement After It Has Attained Finality, Except To Correct Clerical Error: Calcutta High Court Reiterates
1 year, 8 months ago

S.362 CrPC | No Court Can Alter Judgement After It Has Attained Finality, Except To Correct Clerical Error: Calcutta High Court Reiterates

Live Law  

The Calcutta High Court recently dismissed a criminal application for modification of Judgement, and held that no judgement or final order pronounced by a Court can be altered or reviewed, once it has been signed, except to correct a clerical or arithmetic error. In view of the clear provision of Section 362, the High Court has no jurisdiction under Section 482 of the Code of Criminal Procedure to alter the earlier judgment after it has been signed. The Court noted: “the applicant duly deposited the fine amount before the Learned Court below., the applicant approached the school authorities of Dhakia Anchalik Vidyaniketan at Ranjitpur for joining his service. The applicant prays for direction upon the school authorities that the order of affirmation of conviction would not stand in the way of the applicant joining his service.” While disallowing the prayer for modification, Justice Chaudhuri held that Section 362 of the CrPC bars any Court from altering a judgement or final order under Section 482 CrPC, once it has attained finality due to having been pronounced or signed.

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History of this topic

S. 205 CrPC | No Strict Bar For Dispensation Of Personal Attendance Of Accused In Cases Under SC/ST Act: Orissa High Court
2 months ago

S. 205 CrPC | No Strict Bar For Dispensation Of Personal Attendance Of Accused In Cases Under SC/ST Act: Orissa High Court

Live Law  

The Orissa High Court has recently clarified that there is no strict statutory embargo barring dispensation of personal attendance of accused under Section 205 of the CrPC in cases involving offences under the Scheduled Caste and Scheduled Tribe Act. While setting aside a trial Court order disallowing application of the appellants seeking dispensation of personal appearance, the Single Bench of …

Dismissal Of First Execution Application On Default Ground Does Not Bar Fresh Petition: Calcutta High Court
7 months, 3 weeks ago

Dismissal Of First Execution Application On Default Ground Does Not Bar Fresh Petition: Calcutta High Court

Live Law  

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held mere dismissal of the first execution application on the ground of default does not prevent the award-holder/decree-holder from filing a fresh execution petition. The High Court held that the provisions of Rules 105 and 106 of Order 21 of the Code of Civil Procedure do not preclude the award-holder/decree-holder …

Madras High Court Grants Four More Months To Complete Trial In Money Laundering Case Against Former TN Minister Senthil Balaji
8 months, 3 weeks ago

Madras High Court Grants Four More Months To Complete Trial In Money Laundering Case Against Former TN Minister Senthil Balaji

Live Law  

The Madras High Court on Wednesday granted four more months to the Chennai Principal and Sessions Court to complete trial in the money laundering case initiated by the Enforcement Directorate against former Tamil Nadu Minister Senthil Balaji. In February this year, while dismissing the bail application of Balaji, Justice Anand Venkatesh had asked the trial court to complete the trial …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

‘Prima Facie Forgery, No Equity For Practising Fraud Before Court’: Calcutta High Court Proposes Perjury Action Against School Headmaster
1 year, 6 months ago

‘Prima Facie Forgery, No Equity For Practising Fraud Before Court’: Calcutta High Court Proposes Perjury Action Against School Headmaster

Live Law  

The Calcutta High Court has dismissed a writ petition filed by the headmaster of Bora Junior High School and directed for a criminal investigation and trial against him, upon perusing expert evidence which prima facie indicated that signatures in one of the main documents relied upon by him, were forged. In dismissing the petition, and refusing to exercise equitable jurisdiction …

Gujarat High Court Dismisses Plea Seeking Implementation Of District Education Officer’s Order To School For Refund Of Additional Fees
1 year, 7 months ago

Gujarat High Court Dismisses Plea Seeking Implementation Of District Education Officer’s Order To School For Refund Of Additional Fees

Live Law  

The Gujarat High Court has dismissed a plea seeking directions for implementation of a District Education Officer's order for refund of the fees additionally charged from the students by a school Justice Nikhil S. Kariel said though the order may have been passed upon a complaint filed by the petitioner but he is is not a person who could be …

Cannot Interfere With ED Case Registered In Another State : Karnataka High Court
2 years ago

Cannot Interfere With ED Case Registered In Another State : Karnataka High Court

Live Law  

The Karnataka High Court has held that it cannot interfere with criminal proceedings initiated by the Directorate of Enforcement in Mumbai merely on the ground that the accused is staying and operating a bank account in Karnataka. A single judge bench of Justice K Natarajan dismissed the petition filed by Vihaan Direct Selling India Private Limited which had approached the …

Can't Deny Admission Solely Because Student Not Resident Of District In Which Navodaya Vidyalaya Is Situated: Patna High Court Differs From Bombay HC
2 years ago

Can't Deny Admission Solely Because Student Not Resident Of District In Which Navodaya Vidyalaya Is Situated: Patna High Court Differs From Bombay HC

Live Law  

The Patna High Court has passed an order overturning the decision of the Jawahar Navodaya Vidyalaya rejecting admission to a group of minor students, who had been shortlisted through a full fledged selection process, on the basis that they were not residents of the district in which the school was situated. The school, through a letter addressed to the parents, …

Service Matters: Compilation Of High Court Judgments In 2022 [Part I]
2 years, 2 months ago

Service Matters: Compilation Of High Court Judgments In 2022 [Part I]

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. NEET-PG| Service In Specialized Units Doesn't Amount To Serving In Rural/ Difficult Area To Qualify For 40% In-Service Quota Case Title: Tania Mukherjee & Ors v. State of West Bengal & Ors Case Citation: 2022 LiveLaw 36 The Calcutta High Court observed that service …

'Lack Of Jurisdiction': J&K&L High HC Dismisses Jaipur-Based University's Plea Seeking Reimbursement Under PM Special Scholarship Scheme
2 years, 2 months ago

'Lack Of Jurisdiction': J&K&L High HC Dismisses Jaipur-Based University's Plea Seeking Reimbursement Under PM Special Scholarship Scheme

Live Law  

The Jammu & Kashmir and Ladakh High Court has dismissed a Jaipur-based University's plea for reimbursement of the expenses incurred by it with regard to tuition fee, hostel fee and cost of books after admitting the students from Jammu & Kashmir under the Prime Minister's Special Scholarship Scheme for J&K Students.Justice M A Chowdhary said merely because the students are. …

[Haryana School Education Rules] High Court Refuses Interference With Decision To Withdraw Rule 134A On 10% EWS Quota In Private Schools
2 years, 3 months ago

[Haryana School Education Rules] High Court Refuses Interference With Decision To Withdraw Rule 134A On 10% EWS Quota In Private Schools

Live Law  

Punjab and Haryana High Court, while dealing with a case where the petitioner questioned deletion of Rule 134A of the Haryana School Education Rules, 2003 on the ground that it was not laid before the House of the State Legislature for prior approval which is a requirement under Section 24 of the Haryana School Education Act, 1995, upheld the State …

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC
2 years, 6 months ago

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC

Live Law  

The Karnataka High Court has quashed an order of conviction after the parties to the proceedings post the conviction order entered into a settlement and sought for compounding of the offences so made against the petitioner. A single judge bench of Justice M Nagaprasanna allowed the plea filed by one Lakshmibai who was convicted by the trial court for offences …

Application For Further Investigation Can Be Filed Even After Commencement Of Trial: Madras High Court
2 years, 8 months ago

Application For Further Investigation Can Be Filed Even After Commencement Of Trial: Madras High Court

Live Law  

While allowing a revision of the order of the Judicial Magistrate rejecting the application for further investigation, the Madras High Court recently observed that an application for further investigation can be made even after the commencement of trial. Justice Bharatha Chakravarthy observed as under: Section 173 of Cr.P.C., does not place any fetter on the Police to conduct further investigation …

Service Law | Govt. Employees Can't Be Removed From Service Without Following Due Statutory Procedures: Orissa High Court
3 years ago

Service Law | Govt. Employees Can't Be Removed From Service Without Following Due Statutory Procedures: Orissa High Court

Live Law  

The Orissa High Court has held that a person cannot be removed from his service without complying the relevant statutory pre-requirements. A Single Judge Bench of Justice Sashikanta Mishra held, "Therefore, notwithstanding the fact that the petitioner can be prima-facie held guilty of disobeying the orders of the authority by remaining continuously absent for more than five years, yet he …

Calcutta High Court Seeks Personal Appearance Of School Headmistress For Non-Compliance Of Court's Directions Regarding Issuance Of No-Objection Certificate
3 years, 1 month ago

Calcutta High Court Seeks Personal Appearance Of School Headmistress For Non-Compliance Of Court's Directions Regarding Issuance Of No-Objection Certificate

Live Law  

The Calcutta High Court on Tuesday sought the personal appearance of a school headmaster for not complying with an earlier order of the Court wherein the concerned school had been instructed to file an affidavit enumerating as to why a no-objection certificate could not be granted to the petitioner.Justice Abhijit Gangopadhyay noted that the earlier order of the Court dated …

Delhi High Court Disposes Of Plea Alleging Favouritism In Granting Admission In School Run By Jamia Milia Islamia After It's Stand Of Formulating New Policy
3 years, 3 months ago

Delhi High Court Disposes Of Plea Alleging Favouritism In Granting Admission In School Run By Jamia Milia Islamia After It's Stand Of Formulating New Policy

Live Law  

Taking note of the stand of Jamia Milia Islamia that it has formulated a new policy, the Delhi High Court on Tuesday disposed of a plea which had alleged favouritism in granting admission in one of it's affiliated school namely Syed Abid Husain Senior Secondary School by way of back door entries from preparatory class to class XI. Justice Prateek …

Madras High Court Seeks State's Response In Plea Challenging Recruitment Of Only Hindus In HR&CE Educational Institutions
3 years, 4 months ago

Madras High Court Seeks State's Response In Plea Challenging Recruitment Of Only Hindus In HR&CE Educational Institutions

Live Law  

The Madras High Court on Friday sought State government's response in a plea questioning the appointment of only Hindus to teaching as well as non-teaching posts at educational institutions run by the Department of Hindu Religious and Charitable Endowments. Advocate General R. Shunmugasundaram argued before the Court that pursuant to Section 10 of the Tamil Nadu Hindu Religious and Charitable …

"Cater To Needs Of Underprivileged Children": Delhi High Court On Appointment Of Special Educators In Schools Managed By Municipal Corps
3 years, 6 months ago

"Cater To Needs Of Underprivileged Children": Delhi High Court On Appointment Of Special Educators In Schools Managed By Municipal Corps

Live Law  

The Delhi High Court has sought response of the Delhi Government with regards to the large number of vacancies for the post of Special Educator in the schools managed by municipal corporations.A Division Bench of Justice Rajiv Shakdher and Justice Talwant Singh noted that there is "differential treatment" accorded by the GNCTD in respect of the Special Educators appointed in. …

Man In Jail For 29 Yrs- Calcutta High Court Directs Authorities To Decide Application Of Remission Within 45 Days
3 years, 11 months ago

Man In Jail For 29 Yrs- Calcutta High Court Directs Authorities To Decide Application Of Remission Within 45 Days

Live Law  

The Calcutta High Court recently ruled that different authorities including the Government, the Convicting Court, and the Confirming Court should decide Remission Application in the most expeditious manner having regard to the larger framework of Article 21 of the Constitution. The Court specifically said, "The procedure for considering an application for remission of sentence under Section 432 Cr.P.C. Consequently, the …

Charge Of Attempt To Murder For Attending Tablighi Jamaat Congregation Prima Facie Abuse Of Process Of Law: Allahabad High Court
4 years, 3 months ago

Charge Of Attempt To Murder For Attending Tablighi Jamaat Congregation Prima Facie Abuse Of Process Of Law: Allahabad High Court

Live Law  

The Bench of Justice Ajay Bhanot was hearing the plea of applicant-accused who contended before the Court that even if the evidence collected during the investigation as well as the FIR is taken on their face value, no offence is disclosed against the applicants. Importantly, the Counsel for the applicant contended that though the original charge sheet was drawn up …

WBNUJS Kolkata : SC Dismisses Plea To Apply 30% Domicile Reservation To 2019-2020 Academic Year [Read Judgment]
4 years, 6 months ago

WBNUJS Kolkata : SC Dismisses Plea To Apply 30% Domicile Reservation To 2019-2020 Academic Year [Read Judgment]

Live Law  

The Supreme Court has approved the decision of the West Bengal National University of Juridical Sciences, Kolkata to not apply the benefit of 30% domicile reservation to the academic year 2019-2020. It was also submitted that the Act was prospective and could not be made applicable in respect of the admission process which had already commenced from January 2019 "The …

High Courts Weekly Round-Up
5 years ago

High Courts Weekly Round-Up

Live Law  

Allahabad High Court Marital Status Of A Daughter Alone Not A Ground For Rejecting Claim For Compassionate Appointment: Reiterates Allahabad HC The Lucknow bench of the Allahabad High Court has reiterated that marital status of a daughter alone cannot be the ground for rejecting her application for compassionate appointment in terms of The U.P. ● Karnataka High Court After Ten …

High Courts Weekly Round-Up
5 years, 1 month ago

High Courts Weekly Round-Up

Live Law  

Allahabad High Court Time-Bound Contractual Services On Honorarium Basis Cannot Be Classified To Be An Office Of Profit Justice Attau Rahman Masoodi held that time-bound contractual services on honorarium basis cannot be termed to be an office of profit and hence, an elected pradhan, receiving honorarium in a private contractual service, alone is not a decisive factor to state that …

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 …

Sexual Offences Against Children Involve Moral Turpitude And Delinquency: Bombay HC Rejects Accused’s Application For Probation [Read Judgment]
6 years, 8 months ago

Sexual Offences Against Children Involve Moral Turpitude And Delinquency: Bombay HC Rejects Accused’s Application For Probation [Read Judgment]

Live Law  

The Bombay High Court has rejected an application filed by an accused under Section 354 A of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act.The accused had filed an application before the Special POCSO Court to call for report of probation officer of the accused under Section 4 of the Probation of …

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 …

SC Dismisses All Third Party Intervention Applications In Ayodhya Case [Read Order]
7 years ago

SC Dismisses All Third Party Intervention Applications In Ayodhya Case [Read Order]

Live Law  

Though the Bench also dismissed the IA filed by BJP leader Subramanian Swamy, it agreed to revive his writ petition seeking his fundamental right to pray at Ayodhya for posting before the appropriate BenchSupreme Court bench hearing the Ayodhya Case on Wednesday dismissed all third party intervention applications in the Ramjanmabhumi- Babri Masjid land dispute case.The Bench comprising. Though the …

Prior approval of Govt. necessary before retrenching Private School Employees: SC upholds validity of Section 8(2) of Delhi School Education Act [Read Judgment]
8 years, 11 months ago

Prior approval of Govt. necessary before retrenching Private School Employees: SC upholds validity of Section 8(2) of Delhi School Education Act [Read Judgment]

Live Law  

In a significant ruling, the Supreme Court in Raj Kumar vs. Director of Education, has upheld the validity of Section 8 of the Delhi School Education Act which requires the managements of the private unaided schools to obtain prior approval for disciplinary proceedings against its employees.Division Bench of the Apex Court comprising of Justices V. Gopala Gowda and Amitava Roy …

Education Standards cannot be allowed to fall to an absolutely 'low level': Delhi HC [Read Judgment]
8 years, 11 months ago

Education Standards cannot be allowed to fall to an absolutely 'low level': Delhi HC [Read Judgment]

Live Law  

High Court refuses to allow Govt. employee’s plea for extension of time to complete law degree.Delhi High Court recently refused to allow a petition filed by a Government employee seeking a direction to the University of Delhi, to allow him to complete his LL.B. Course, by appearing in the back papers even beyond the span period.Dismissing the petition, the Justice …

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