Karnataka High Court Suggests Centre To Amend S.372 CrPC To Allow Victims To File Appeal Seeking Enhancement Of Sentence Of Convicts
2 years, 6 months ago

Karnataka High Court Suggests Centre To Amend S.372 CrPC To Allow Victims To File Appeal Seeking Enhancement Of Sentence Of Convicts

Live Law  

The Karnataka High Court has suggested that the Central Government make necessary amendments to Section 372 of the Criminal Procedure Code, in order to provide an opportunity to victims to approach the Court in appeal seeking enhancement of sentence imposed on a convict. Instead, it allowed the revision petition filed by the accused and set aside the order of the lower appellate court which enhanced the sentence of six months imposed on the accused by the trial court to nine months, on an appeal filed by the complainant. Court findings: The court though dismissed the petition filed by the complainant seeking enhancement of sentence it upheld the order of the trial court convicting the accused to suffer six months imprisonment under section 500 IPC. Accordingly it dismissed the appeal filed by the complaint seeking enhancement of sentence of 9 months and quashed and set aside the appellate court order which enhanced the sentence from six months to nine months.

Appeal Trial Court Order State Accused Ipc Complainant Filed Kar Sentence File Nine Months Months Six Months Good Faith Seeking Crpc Gowda Appellate Enhancement Section 500 Section 374 Both The Courts Necessary Amendment Section 372 Of  suggests  file  karnataka  order  sentence  trial  court  seeking  high  victims  crpc  enhancement  complainant  s372  appeal  months  accused  filed  appellate

History of this topic

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
1 week ago

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds

Live Law  

The Karnataka High Court on Tuesday allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. It said “The counsel being changed for qua the other accused raising different grounds that were not raised by …

Karnataka High Court Modifies Imprisonment Sentence Of Cancer Patient For Wilful Disobedience Of Order, Imposes ₹3 Lakh Fine Instead
1 week, 6 days ago

Karnataka High Court Modifies Imprisonment Sentence Of Cancer Patient For Wilful Disobedience Of Order, Imposes ₹3 Lakh Fine Instead

Live Law  

The Karnataka High Court has set aside one month's civil imprisonment term imposed on a cancer patient for the willful disobedience of the Court, instead it directed him to pay Rs 3 lakh fine. It said, “since the appellant is suffering from cancer and taking note of mental agony on the plaintiffs, it is appropriate to award a fine of …

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court
2 weeks, 6 days ago

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has emphasised that conditions under Section 100 of the Code of Civil Procedure must be strictly fulfilled before a second appeal can be maintained. Pointing out the bare text used in Section 100 CPC Justice Wani remarked, “Thus, what emanates from above position and principles of law is that the existence of …

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court
1 month, 1 week ago

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court

Live Law  

The Kerala High Court stated that when there is no appeal provision given in law, then the judgment made in appeal was non-est in law and could be ignored. The Court was considering the challenge against an order issued by the Sessions Judge, dismissing Magistrate's order when there was no provision provided for appeal. When such a remedy is not …

Karnataka High Court To Hear CM Siddaramaiah's Appeal Against 'Sanction' Order In MUDA "Scam" Case On November 23
1 month, 1 week ago

Karnataka High Court To Hear CM Siddaramaiah's Appeal Against 'Sanction' Order In MUDA "Scam" Case On November 23

Live Law  

The Karnataka High Court on Thursday said it would hear next Saturday, Chief Minister Siddaramaiah's appeal challenging a single judge bench's order which had upheld the Governor's decision granting approval/ sanction for investigation against him in the alleged Mysore Urban Development Authority scam. The petition stands dismissed.” With respect to the application of Section 17A Prevention of Corruption Act the …

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
4 months, 3 weeks ago

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him. Manjunath had challenged …

Right To Relief Lost: Karnataka High Court Dismisses Plea Filed After 44 Yrs Challenging Land Acquisition Proceedings From 1978
5 months, 1 week ago

Right To Relief Lost: Karnataka High Court Dismisses Plea Filed After 44 Yrs Challenging Land Acquisition Proceedings From 1978

Live Law  

Observing that “Forty four years is too long a time to maintain legal action. With passage of such protracted time, the right to relief is lost,” the Karnataka High Court dismissed an appeal filed by an appellant questioning the land acquisition proceedings initiated and completed in the year 1978. A division bench of Chief Justice N V Anjaria and Justice …

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC
5 months, 3 weeks ago

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC

Live Law  

The Karnataka High Court has held that a petition calling in question the entire proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 would be maintainable before the High Court, not the Sessions Court. The complainant opposed the quashing petition saying that an appeal should be preferred before the Sessions Court under Section 29 …

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench
8 months, 1 week ago

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench

Live Law  

The Bombay High Court held recently that a court in its revisional jurisdiction cannot quash an FIR registered pursuant to the magistrate's order to police under section 156 CrPC to investigate a cognizable offence.A full bench of Justice Revati Mohite-Dere, Justice NJ Jamadar and Justice Sharmila U Deshmukh observed that FIR is a statutory power of the investigating agency and …

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court
9 months, 2 weeks ago

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits. A single judge bench of Justice G Basavaraja allowed the appeal filed by Dhanayya and his legal heirs questioning the judgment and decree dated 04.03.2017 passed by the Senior …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
9 months, 4 weeks ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
10 months, 1 week 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 …

Karnataka High Court Refuses To Enhance ₹1K Fine Imposed On Senior Citizen Woman In Case Over Death Of Street Puppies
11 months, 1 week ago

Karnataka High Court Refuses To Enhance ₹1K Fine Imposed On Senior Citizen Woman In Case Over Death Of Street Puppies

Live Law  

The Karnataka High Court has dismissed a plea seeking to enhance a fine of Rs 1,000, imposed by a trial Court on a 72-year-old lady, in a case over the death of eight stray puppies in 2016. The court upholding the trial court and sessions court order said, “Having regard to the fact that at the time of incident, the …

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]
11 months, 2 weeks ago

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]

Live Law  

Citations: 2024 LiveLaw 01 To 2024 LiveLaw 09 Nominal Index: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka. 2024 LiveLaw 9 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. I …

In Sentence Enhancement Appeals, HC Can't Convert Conviction In Lesser Offence Into Graver Offence: Himachal Pradesh High Court
1 year ago

In Sentence Enhancement Appeals, HC Can't Convert Conviction In Lesser Offence Into Graver Offence: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has recently ruled that when a person is charged with a graver offence but is convicted of lesser offences, it amounts to the acquittal of the serious offence. It is not permissible for the High Court to convert the lesser offence into a serious offence in an appeal for enhancement of sentence, the court clarified. …

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023
1 year ago

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023

Live Law  

The Karnataka High Court recently called for an explanation from the Trial Court for not obeying its direction of disposing of a criminal case registered against a man charged with the death of his wife, under Section 498A and 306 of the Indian Penal Code. Notably, although the Trial Court had been directed to dispose of the case within 31st …

Supreme Court Refuses To Entertain CBI's Challenge To HC Stay Of Probe Against DK Shivakumar, Asks HC To Decide In 2 Weeks
1 year, 1 month ago

Supreme Court Refuses To Entertain CBI's Challenge To HC Stay Of Probe Against DK Shivakumar, Asks HC To Decide In 2 Weeks

Live Law  

The Supreme Court Friday refused to entertain the plea by the Central Bureau of Investigation challenging Karnataka High Court's decision to stay an investigation against Deputy Chief Minister DK Shivakumar in a disproportionate assets case. However, the Court requested the High Court to consider the application filed by the CBI for vacating the stay granted and the appeal pending before …

No Time Limit Stipulated Under Limitation Act For Victim Filing Appeal Against Conviction U/S 372 CrPC: Kerala High Court
1 year, 2 months ago

No Time Limit Stipulated Under Limitation Act For Victim Filing Appeal Against Conviction U/S 372 CrPC: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the Limitation Act does not prescribe any statutory period for the victim to prefer an appeal against conviction under the proviso to Section 372 CrPC. Dias relied upon the Division Bench decision in Sobhanakumari K. vs. Santhosh @ Pallan Shaji and observed thus: “In Sobhanakumari K. vs. Santhosh @ Pallan Shaji, a Division …

Can't Dismiss Appeals Solely For Late Submission Of Documents, Procedural Errors Can't Nullify One's Right To Appeal: J&K High Court
1 year, 2 months ago

Can't Dismiss Appeals Solely For Late Submission Of Documents, Procedural Errors Can't Nullify One's Right To Appeal: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that the dismissal of the appeal by the appellate court solely due to the late submission of the certified copy of the order was not legally sustainable and amounted to a failure of justice. However, the appellate court dismissed the appeal holding that the certified copy of the impugned order …

No Bar In Assessee Seeking Restoration Of Appeal After Being Unsuccessful In Availing Amnesty Scheme: Supreme Court
1 year, 3 months ago

No Bar In Assessee Seeking Restoration Of Appeal After Being Unsuccessful In Availing Amnesty Scheme: Supreme Court

Live Law  

The Supreme Court has ruled that since appeal is a statutory remedy, the assessee cannot be barred from seeking restoration of the appeal which was withdrawn by him as a pre-condition for availing the benefit under an Amnesty scheme, if the assessee is subsequently unsuccessful in availing the benefit of the scheme. The court thus set aside the order of …

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court
1 year, 3 months ago

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court

Live Law  

The Kerala High Court has held that the power of a revisional court under Section 397 to 401 of the Criminal Procedure Code, 1973 cannot be equated to that of an Appellate Court. “Unless the finding of the court, whose decision is sought to be revised, is shown to be perverse or untenable in law or is grossly erroneous or …

Calcutta High Court Directs Sentence Review Board To Reconsider Plea For Remission Of Man Who Has Spent 23 Yrs In Jail
1 year, 4 months ago

Calcutta High Court Directs Sentence Review Board To Reconsider Plea For Remission Of Man Who Has Spent 23 Yrs In Jail

Live Law  

The Calcutta High Court has recently directed the West Bengal State Sentence Review Board to reconsider the plea of a petitioner, who has spent 23 years in incarceration, for remission of sentence, upon noting that the Board which had considered the plea was not only improperly constituted, but had also failed to consider the National Human Rights Commission Guidelines on …

Minute Procedural Aberration In Magistrate's Order Rejecting 'B' Report And Taking Cognizance Doesn't Prejudice Accused: Karnataka High Court
1 year, 5 months ago

Minute Procedural Aberration In Magistrate's Order Rejecting 'B' Report And Taking Cognizance Doesn't Prejudice Accused: Karnataka High Court

Live Law  

The Karnataka High Court has rejected a petition filed by eight murder accused challenging Magistrate court's order taking cognizance of the offence alleged against them and rejecting the ‘B Report’ filed by the police. A single judge bench of Justice M Nagaprasanna rejected the petitioners contention regarding procedural defects in the cognizance order as the sworn statement was recorded even …

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC
1 year, 7 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, 7 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 …

Rajasthan High Court Upholds Benefit Of Probation To Two Convicts, Says Complainant Has No Right To Seek Enhancement Of Sentence
1 year, 8 months ago

Rajasthan High Court Upholds Benefit Of Probation To Two Convicts, Says Complainant Has No Right To Seek Enhancement Of Sentence

Live Law  

The Rajasthan High Court on Tuesday upheld the judgement of a trial court which extended the benefit of probation to two convicts who were convicted under Section 323, Section 325 and Section 504 of IPC, in alternative to their imprisonment. The singe judge bench of Justice Farjand Ali observed: “I have gone through the judgment passed by learned trial Judge …

[RTI Act] Second Appeal By PIO Maintainable Even If He Did Not File First Appeal U/S 19(1): Karnataka High Court
1 year, 9 months ago

[RTI Act] Second Appeal By PIO Maintainable Even If He Did Not File First Appeal U/S 19(1): Karnataka High Court

Live Law  

The Karnataka High Court has set aside the order passed by the Karnataka State Information Commissioner dismissing the second appeal filed by Public Information Officer, on the ground that the petitioner being the PIO cannot maintain the second appeal under Section 19 of the Right to Information Act. The counsel for the petitioner had contended that the second appeal under …

Karnataka High Court Refuses To Hear Plea For Postponing 5th And 8th Standard State Board Exams
1 year, 9 months ago

Karnataka High Court Refuses To Hear Plea For Postponing 5th And 8th Standard State Board Exams

Live Law  

The Karnataka High Court on Tuesday refused to hear a matter seeking postponement of Board exams for 5 and 8th standard students of the State board, which is scheduled to be held on March 27. It was submitted that the Apex court is seized of the matter challenging the interim order of the Division bench staying the single bench order …

Madras High Court Issues Guidelines For Extending Limitation Period In Criminal Cases
1 year, 9 months ago

Madras High Court Issues Guidelines For Extending Limitation Period In Criminal Cases

Live Law  

While criticising the manner in which the prosecution had failed to file an application for the extension of limitation while dealing with the FIR related to sexual harassment charges against self styled Godman Shiva Sankar baba, the Madras High Court has laid down certain guidelines with respect to extension of limitation in such cases. The Criminal Revision Petition was filed …

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police
1 year, 10 months ago

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police

Live Law  

The Karnataka High Court has quashed an order of the sessions court allowing an application made by the prosecution under section 319 of the Criminal Procedure Code, permitting it to arraign a person as accused whom the police had earlier given clean chit in investigation. Post investigation the police filed a charge sheet for the offence punishable under Section 323, …

S. 378 CrPC | Right To Appeal Against Acquittal Should Be Used By The State Sparingly: Orissa High Court
1 year, 11 months ago

S. 378 CrPC | Right To Appeal Against Acquittal Should Be Used By The State Sparingly: Orissa High Court

Live Law  

The Orissa High Court has advised the State to exercise its right to appeal against acquittal, as provided under Section 378 of the Code of Criminal Procedure, sparingly and with circumspection. While denying the leave to prefer an appeal, the Single Judge Bench of Justice Sangam Kumar Sahoo remarked, “The right of appeal against acquittal vested in the State Government …

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court
1 year, 11 months ago

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court

Live Law  

The Karnataka High Court has enhanced the sentence of five years imposed by the special court on an accused convicted under the Protection of Children From Sexual Offences, Act, observing that when the statute has prescribed a minimum sentence of seven years for the offence punishable, the Special Judge did not have any power whatsoever to reduce minimum sentence to …

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 …

SC Dismisses Bilkis Bano's Plea Seeking Review Of Order Asking Guj Govt To Decide On Remission Of 11 Convicts
2 years ago

SC Dismisses Bilkis Bano's Plea Seeking Review Of Order Asking Guj Govt To Decide On Remission Of 11 Convicts

ABP News  

New Delhi: The Supreme Court on Saturday dismissed the review petition filed by Bilkis Bano seeking a review of the May 2022 order asking the Gujarat Government to consider remission pleas of 11 convicts in the gangrape case In May 2022, a Supreme Court bench comprising Justice Ajay Rastogi and Vikram Nath stated that the Gujarat Government had the jurisdiction …

Karnataka hijab ban: SC reserves verdict on pleas challenging HC judgment
2 years, 3 months ago

Karnataka hijab ban: SC reserves verdict on pleas challenging HC judgment

Live Mint  

The Supreme Court has reserved its judgment on a bunch of petitions that challenged the order by the Karnataka High Court on the ban on hijab in educational institutions in the state. In its order, the Karnataka High Court had refused to lift the ban on hijab in the educational institutions. On March 15, the high court had dismissed a …

Karnataka High Court refuses to interfere with lesser sentence imposed on accused who availed benefit of ‘plea bargaining’
2 years, 3 months ago

Karnataka High Court refuses to interfere with lesser sentence imposed on accused who availed benefit of ‘plea bargaining’

The Hindu  

The High Court of Karnataka has upheld the imposition of lesser punishment by the trial courts on a medical shop owner, who had availed of the benefit of ‘plea bargaining’ and was sentenced to imprisonment till the rising of the court and a fine of ₹10,000 as he had pleaded guilty of the charge of selling a certain drugs in …

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC
2 years, 3 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 …

Powers U/S 482 CrPC To Be Exercised Sparingly, Particularly When Section 302 Is Involved: Gujarat High Court
2 years, 4 months ago

Powers U/S 482 CrPC To Be Exercised Sparingly, Particularly When Section 302 Is Involved: Gujarat High Court

Live Law  

Justice Niral R Mehta of the Gujarat High Court has declined to exercise its extraordinary jurisdiction under Section 482 of CrPC to quash the FIR particularly, when the offence of Sec 302 was involved. Ltd. vs. State of Maharashtra and other 'celebrated judgements' of the Supreme Court to conclude that the power of quashing FIR should be exercised sparingly, with …

Constitution Of Arbitral Tribunal Does Not Restrict Application For Interim Relief If "Entertained" By The Court : Karnataka High Court Reiterates The Law
2 years, 5 months ago

Constitution Of Arbitral Tribunal Does Not Restrict Application For Interim Relief If "Entertained" By The Court : Karnataka High Court Reiterates The Law

Live Law  

The Karnataka High Court has ruled that the restriction contained under Section 9 of the Arbitration and Conciliation Act, 1996 would not apply once an application under Section 9 for interim measures has been "entertained" by the Court before the appointment of the arbitrator. The High Court observed that the application filed under Section 9 of the A&C Act was …

Already Admitted Criminal Appeal Against Conviction Cannot Be Dismissed On The Ground That Accused Is Absconding : Supreme Court
2 years, 5 months ago

Already Admitted Criminal Appeal Against Conviction Cannot Be Dismissed On The Ground That Accused Is Absconding : Supreme Court

Live Law  

The Supreme Court observed that an already admitted appeal against conviction cannot be dismissed on the ground that the accused is absconding.In this case, the accused was convicted by the Trial Court under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act, 1959. The Supreme Court observed that an already admitted appeal against …

Application For Further Investigation Can Be Filed Even After Commencement Of Trial: Madras High Court
2 years, 5 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 …

Karnataka High Court Upholds Compulsory Retirement Of Civil Judge For Preparing Order Sheets Of Proceedings That Did Not Even Take Place
2 years, 5 months ago

Karnataka High Court Upholds Compulsory Retirement Of Civil Judge For Preparing Order Sheets Of Proceedings That Did Not Even Take Place

Live Law  

The Karnataka High Court has dismissed a petition filed by a former Civil Judge, Junior Division questioning the order dated March 22, 2021 passed by the state government ordering compulsory retirement from service. In 2019, he was posted as Additional Civil Judge, JMFC, Virajpet and by a Notification dated June 22, 2019, he was placed in charge as Civil Judge …

S.216 CrPC | Charge Can Be Altered Anytime During Trial: Karnataka High Court
2 years, 6 months ago

S.216 CrPC | Charge Can Be Altered Anytime During Trial: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 216 of the Criminal procedure Code the trial court can alter the charge framed even if the trial has progressed to a large extent. A single judge bench of Justice M Nagaprasanna made the observation while dismissing a petition filed by the one accused Ananda seeking to quash the order of …

Supreme Court Issues Notice On Plea Against Disqualification Of Anekal Town Municipal Council Members
2 years, 6 months ago

Supreme Court Issues Notice On Plea Against Disqualification Of Anekal Town Municipal Council Members

Live Law  

The Supreme Court on Thursday issued notice on a SLP preferred by Members of Anekal Town Municipal Council, who were disqualified by the Karnataka State Election Commission, challenging the Karnataka High Court's order of upholding their disqualification. The vacation bench of Justices MR Shah and Aniruddha Bose while considering the SLP assailing High Court's order dated May 30 and April …

Convict's Sentence Enhanced My Modifying Trial Court Judgment Under Reader's Signature: Punjab & Haryana HC Asks Appellate Court To Conduct Inquiry
2 years, 6 months ago

Convict's Sentence Enhanced My Modifying Trial Court Judgment Under Reader's Signature: Punjab & Haryana HC Asks Appellate Court To Conduct Inquiry

Live Law  

Punjab and Haryana High Court recently came across a case where the original order of conviction passed by the Trial Court was modified under the signature of the Reader of the Court, during the pendency of an appeal preferred by the convict against the said judgment, thereby enhancing the sentence of the convict from 2 months to two years. However, …

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court
2 years, 7 months ago

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court

Live Law  

The Karnataka High Court recently quashed the proceedings initiated under section 156 of the Criminal Procedure Code, wherein the Magistrate court referred the complaint filed for defamation under section 499, 500 of the Indian Penal Code to the police for further investigation.While doing so, the Bench relied on the Apex court judgement in the case of Subramanian Swamy v. Union. …

Application To Correct Decree Can Be Maintained Only Before High Court Once Trial Decree Merges With HC Judgment: Supreme Court
2 years, 10 months ago

Application To Correct Decree Can Be Maintained Only Before High Court Once Trial Decree Merges With HC Judgment: Supreme Court

Live Law  

The Supreme Court has observed that in cases where the decree passed by the trial court merges with judgment and decree passed by the High Court, then the application for correction of decree can only be maintained before the High Court where the decree was confirmed.The bench of Justices AM Khanwilkar and CT Ravikumar was considering SLP assailing Karnataka High …

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC
2 years, 11 months ago

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC

Live Law  

The Allahabad High Court recently ruled that when an appeal has to be dismissed by the appellate Court on account of the fact that the counsel for the appellant though physically present in the Court, refuses to argue the same for any reason, the dismissal can't be on merits in view of the Explanation to Order XLI Rule 17 CPC.It …

Karnataka High Court : Important Judgments Of 2021
2 years, 11 months ago

Karnataka High Court : Important Judgments Of 2021

Live Law  

CORPORATE ENTITIES 1: 'Tool Of Harassment' : Karnataka High Court Quashes UP Police Notice To Twitter India MD In Ghaziabad FIR Case Title: Manish Maheshwari v. State of Uttar Pradesh Case no: WP 11028/2021 Calling the notice issued by the Uttar Pradesh Police to the Managing Director of Twitter India as a "tool of harassment", the Karnataka High Court quashed …

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