When Personal Appearance Of Accused Is Not Indispensable, Granting Exemption May Facilitate Effective Disposal Of Trial: Punjab & Haryana HC
3 months, 2 weeks ago

When Personal Appearance Of Accused Is Not Indispensable, Granting Exemption May Facilitate Effective Disposal Of Trial: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has granted exemption from personal appearance to a British citizen involved in a criminal case, observing that applications for exemption should be decided liberally. If the Courts become liberal in granting exemption from personal appearance, it would reduce the avoidable footfall in the Courts and would facilitate the effective dispose of the trial. These observations were made while hearing the plea challenging the order whereby plea for granting exemption from personal appearance of accused in a criminal trial was rejected. Justice Moudgil highlighted that, "the trial Court should exercise the powers conferred on it under Sections 205 and 317 generously and liberally and grant exemption from personal appearance, except in a case where the presence of the accused is imperative, especially when demanding personal appearance would cause serious strain and inconvenience."

Personal Trial Court British Courts Case Accused Punjab Appearance Exemption Personal Appearance  courts  facilitate  punjab  trial  exemption  appearance  order  court  counsel  effective  indispensable  personal  granting  case  hc  haryana  accused

History of this topic

State Should Not Act Like Private Party In Litigation With Citizens; Must Take Balanced, Welfare Oriented Approach: Punjab & Haryana HC
1 month, 2 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 …

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction
2 months, 1 week ago

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction

Live Law  

The Punjab & Haryana High Court set aside the conviction in a murder case against multiple accused persons wherein the Trial Court gave a common verdict after reviewing its earlier order directing to try them separately. Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when the earlier passed order by the then learned Additional Sessions Judge, Rewari, on 02.07.2001, wherebys, …

Whether Litigant Has Indefeasible Right To Appear In Person & Plead His Own Case: Punjab & Haryana HC Answers
3 months ago

Whether Litigant Has Indefeasible Right To Appear In Person & Plead His Own Case: Punjab & Haryana HC Answers

Live Law  

The Punjab & Haryana High Court has made it clear that a litigant has no indefeasible right to appear in person. Justice Sumeet Goel said, "There is no right nay indefeasible right vested in a litigant to appear on his/her own before a Court/authority etc. However, the bench said where a litigant, though not formally trained in law, demonstrates a …

S.205 CrPC | Court Can Exempt Accused From Personal Appearance Before Grant Of Bail : Supreme Court
10 months, 2 weeks ago

S.205 CrPC | Court Can Exempt Accused From Personal Appearance Before Grant Of Bail : Supreme Court

Live Law  

The Supreme Court on Wednesday observed that even before the grant of bail, the accused can be exempted from showing his personal appearance before the court. “The observation that there is no provision for granting exemption from personal appearance prior to obtaining bail, is not correct, as the power to grant exemption from personal appearance under the. “The observation that …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
11 months, 1 week ago

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the Trial Court can exercise power under Section 311 of CrPC not only on a plea by a party to the trial including accused, prosecution, complainant and witness or on its own volition, but also on a plea of a person "who is seemingly rank stranger to the trial. The Punjab …

Accused Cannot Claim Blanket Exemption From Personal Appearance In Cases Under Section 138 NI Act: Supreme Court
2 years, 10 months ago

Accused Cannot Claim Blanket Exemption From Personal Appearance In Cases Under Section 138 NI Act: Supreme Court

Live Law  

The Supreme Court observed that an accused cannot claim a blanket exemption from appearance in a case pertaining to the offence under Section 138 of the Negotiable Instruments Act.In this case, the Magistrate dismissed an application filed by the accused in a cheque bounce case claiming a blanket relief of his being exempted, on all dates, when the case would …

Gujarat Court Grants Rahul Gandhi Permanent Exemption From Court Appearance In Defamation Case [Read Order]
4 years, 4 months ago

Gujarat Court Grants Rahul Gandhi Permanent Exemption From Court Appearance In Defamation Case [Read Order]

Live Law  

The Court of Metropolitan Magistrate in Ahmedabad on Tuesday granted Congress leader and a Member of Parliament from Waynad Rahul Gandhi, permanent exemption from appearance in a criminal defamation case, which he is facing over remarks against Union Home Minister Amit Shah. Plea for Permanent exemption On Tuesday, the Lawyer appearing for Rahul Gandhi, P. S. Champaneri submitted before the …

Delhi Court Exempts Former Himachal CM Virbhadra Singh From Personal Appearance In A Corruption Case [Read Order]
5 years, 2 months ago

Delhi Court Exempts Former Himachal CM Virbhadra Singh From Personal Appearance In A Corruption Case [Read Order]

Live Law  

Special CBI Judge Pulastya Pramachala at Rouse Avenue Court has exempted former Himachal Pradesh CM Virbhadra Singh from making personal appearance in a corruption case against him. The court has also exempted 3 other accused persons from personal appearance, which includes Virbhadra Singh's wife, Pratibha Singh. Pratibha Singh also cited her husband's bed rest to seek exemption from personal appearance. …

Delhi HC exempts CM Kejriwal from appearance in defamation case
8 years, 3 months ago

Delhi HC exempts CM Kejriwal from appearance in defamation case

India TV News  

Delhi HC exempts CM Kejriwal from appearance in defamation case Chief Minister Arvind Kejriwal was today granted permanent exemption by the Delhi High Court from appearing in person before a trial court in a criminal defamation case filed by Amit Sibal, lawyer son of former Chief Minister Arvind Kejriwal was today granted permanent exemption by the Delhi High Court from …

Discover Related