Supreme Court Refuses To Interfere With Order Granting Parole To Life Convict To Beget A Child
2 years, 7 months ago

Supreme Court Refuses To Interfere With Order Granting Parole To Life Convict To Beget A Child

Live Law  

The Supreme Court on Monday refused to interfere with the Rajasthan High Court's order of granting parole to a life convict to perform conjugal relationship with his wife to beget a child, as the parole period of 15 days was already over. However, the Court observed that it has "reservations" on some observations made by the High Court's order passed on April 5, 2022. On April 5, 2022, a division bench of Rajasthan High Court, Jodhpur observed that denial to the convict-prisoner to perform conjugal relationship with his wife more particularly for the purpose of progeny would adversely affect the rights of his wife. However, she straightaway approached the District Collector and that the High Court despite the procedural lapses, in contravention of the Rajasthan Prisoners Release on Parole Rules, 2021, allowed the writ petition and ordered the respondent's release on parole for fifteen days.

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History of this topic

Imprisonment Of Judgment Debtor Drastic Step, Court Must Ascertain If Decree Was Wilfully Disobeyed : Supreme Court
1 month, 1 week ago

Imprisonment Of Judgment Debtor Drastic Step, Court Must Ascertain If Decree Was Wilfully Disobeyed : Supreme Court

Live Law  

The Supreme Court through its recent order, observed that imprisonment of a judgment debtor is a drastic step and to exercise such power, the Court must ensure that the judgment debtor wilfully disobeyed its order. However, before passing an order for detention, the Court must be satisfied that the judgment-debtor, in spite of having an opportunity to obey the decree, …

Rajasthan High Court Directs DM To Decide Within 4 Days Prisoner's Application For Parole To Support Wife During Child Birth
1 month, 3 weeks ago

Rajasthan High Court Directs DM To Decide Within 4 Days Prisoner's Application For Parole To Support Wife During Child Birth

Live Law  

Rajasthan High Court has directed the District Magistrate, Dausa to decide a prisoner's application for grant of parole, for the purpose of his wife's delivery, within 4 days. After perusing the record, the Court opined that the petitioner could be granted emergent parole on the basis Rule 11 of the Rules, and as per Rule 23 of the Rules, an …

Visitation Rights Of Parent Cannot Be At Cost Of Child's Health & Well-Being : Supreme Court
2 months, 2 weeks ago

Visitation Rights Of Parent Cannot Be At Cost Of Child's Health & Well-Being : Supreme Court

Live Law  

Observing that the health of a child cannot be compromised while deciding the disputes between the parents, the Supreme Court recently modified the directions allowing interim visitation rights to a father.A bench of Justices Vikram Nath and PB Varale allowed an appeal against the order of the Madras High Court to a limited extent of modifying the place of visitation …

Visitation Rights Of Parent Cannot Be At Cost Of Child's Health & Well-Being : Supreme Court
2 months, 2 weeks ago

Visitation Rights Of Parent Cannot Be At Cost Of Child's Health & Well-Being : Supreme Court

Live Law  

Observing that the health of a child cannot be compromised while deciding the disputes between the parents, the Supreme Court recently modified the directions allowing interim visitation rights to a father. By the said order, the High Court dismissed the Appellant-mother's Miscellaneous Appeal and upheld the interim visitation rights granted to the Respondent-father. Keeping in mind the best interest of …

Rajasthan High Court Annual Digest 2024 [PART I]
2 months, 3 weeks ago

Rajasthan High Court Annual Digest 2024 [PART I]

Live Law  

Citations: 2024 LiveLaw 1 To 2024 LiveLaw 232 Orders/Judgments January 2024 Writ Petition Against Charge-Sheet Not Maintainable Unless Issued By Authority Not Competent To Initiate Disciplinary Action: Rajasthan HC Title: Laxman Singh Gurjar v. Rajasthan State Road Transport Corporation & 2 Ors. Title: Shiv Kumar Khandelwal vs State of Rajasthan & Ors Citation: 2024 LiveLaw 80 A single judge bench …

100 Important Supreme Court Judgments- Part 3 [51 to 75]
2 months, 3 weeks ago

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

Live Law  

Case Title – Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh., 2024 LiveLaw 486 In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities Act, 1967, the Supreme Court held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy …

Rajasthan HC Disapproves Of Interim Order Increasing Seats In Medical College, Refuses To Interfere Since Admission Process Was Already Over
3 months ago

Rajasthan HC Disapproves Of Interim Order Increasing Seats In Medical College, Refuses To Interfere Since Admission Process Was Already Over

Live Law  

The bench however observed that even though they were of the view that the single judge should not have granted the interim order, however since the admission process in the present case was already over and students had paid fees and joined the college, the bench thereafter refused to interfere with the order. The division bench of Chief Justice Manindra …

Inappropriate For High Court To Seek Explanation From Judicial Officer By Judicial Order : Supreme Court
3 months ago

Inappropriate For High Court To Seek Explanation From Judicial Officer By Judicial Order : Supreme Court

Live Law  

A higher court cannot seek an explanation from a judicial officer by a judicial order, stated the Supreme Court, while expugning the adverse remarks made by the Rajasthan High Court against a District & Sessions Judge.The explanation can be sought only on the administrative side, the Supreme Court stated. A higher court cannot seek an explanation from a judicial officer …

High Court Cannot Seek Explanation From Judicial Officer By Judicial Order : Supreme Court
3 months ago

High Court Cannot Seek Explanation From Judicial Officer By Judicial Order : Supreme Court

Live Law  

A higher court cannot seek an explanation from a judicial officer by a judicial order, stated the Supreme Court, while expugning the adverse remarks made by the Rajasthan High Court against a District & Sessions Judge.The explanation can be sought only on the administrative side, the Supreme Court stated. A higher court cannot seek an explanation from a judicial officer …

'Race, Religion, Caste & Language Human Constructs' : Supreme Court Says Caste No Bar For Appointment Of Non-Hereditary Temple Trustee
3 months ago

'Race, Religion, Caste & Language Human Constructs' : Supreme Court Says Caste No Bar For Appointment Of Non-Hereditary Temple Trustee

Live Law  

The Supreme Court recently reiterated the principle that the selection to positions of non-hereditary trustee of temples cannot be caste-based. The bench of Justice MM Sundresh and Justice Aravind Kumar was hearing a challenge against the Kerala High Court order which set aside previous appointments of non-hereditary trustees in Devaswoms/Temples, which are controlled institutions under. The bench of Justice MM …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
3 months ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
3 months ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

'Pendency Of Criminal Appeals In MP HC Quite High, Early Hearing Unlikely' : Supreme Court Suspends Sentence
3 months, 2 weeks ago

'Pendency Of Criminal Appeals In MP HC Quite High, Early Hearing Unlikely' : Supreme Court Suspends Sentence

Live Law  

Citing the high pendency of criminal appeals in the Madhya Pradesh High Court and the unlikelihood of an early hearing of an appeal filed in 2024, the Supreme Court recently suspended the sentence of a convict who was sentenced to five years imprisonment in a cheating case.The convict, convicted for the offences punishable under Sections 407, 420, 468, 471, 34 …

Karnataka High Court grants 90-day parole to life convict for agricultural duties
3 months, 2 weeks ago

Karnataka High Court grants 90-day parole to life convict for agricultural duties

New Indian Express  

BENGALURU: The Karnataka High Court granted 90-day parole to a man from Ramanagara district, who is serving a life sentence in a murder case, to oversee agricultural activities of the land standing in the name of his father. He moved the high court, questioning the endorsement dated September 23, 2024, issued by the prison authorities, without considering his request for …

High courts should not feel that we are behaving like a headmaster: SC
3 months, 2 weeks ago

High courts should not feel that we are behaving like a headmaster: SC

Hindustan Times  

The Supreme Court on Monday cautioned against imposing strict deadlines on high courts, remarking that such directions could create a perception that the apex court is acting as a “headmaster”. The Supreme Court on Monday set aside the bail order, observing that the high court had delved into the evidence and conducted a “mini trial” at the bail stage. The …

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed
4 months ago

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed

Live Law  

In a contempt matter concerning encroachment of land, the Jodhpur bench of the Rajasthan High Court directed the petitioner to implead the then concerned Collector, Sub-divisional Officer and Tehsildar to seek their stand, warning them of punishment including "jail sentence" if they don't pay heed to court orders. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri …

Delhi High Court Orders Release Of Life Convict 26 Years After Incarceration, Calls For 'Deeper Consideration' In SRB Decisions
4 months, 1 week ago

Delhi High Court Orders Release Of Life Convict 26 Years After Incarceration, Calls For 'Deeper Consideration' In SRB Decisions

Live Law  

The Delhi High Court has ordered release of a murder convict serving life imprisonment 26 years after his incarceration by quashing the decision of Sentence Review Board rejecting his plea for premature release by calling it arbitrary, irrational and illogical.Referring to various scholars, Justice Anish Dayal underscored that SRB procedures require “better compliance and. The Delhi High Court has ordered …

33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order
5 months, 3 weeks ago

33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order

Live Law  

While overturning a decision acquitting a man accused of murdering his first wife, the Rajasthan High Court observed that the trial court in its 1992 order had ignored the testimonies of the eyewitnesses due to minor contradictions as well as corroborative evidence, which was a patent error in law. The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri …

High Courts should not sit on bail pleas: Supreme Court
6 months, 1 week ago

High Courts should not sit on bail pleas: Supreme Court

The Hindu  

The Supreme Court on Friday held that a High Court must either relegate bail pleas to the trial court concerned then and there or promptly hear them on merits as the right to personal liberty was at stake. The top court was addressing the argument by the Central Bureau of Investigation that Mr. Kejriwal’s bail application must be sent back …

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court
6 months, 2 weeks ago

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court

Live Law  

The Kerala High Court has held that there is almost an an absolute bar on challenging the final order or judgment passed by a Sessions Court in appeal, under Article 227 of the Constitution. Justice Bechu Kurian Thomas referred to multiple Supreme Court decisions which held that a person cannot approach the High Court under Article 227 when there is …

Supreme Court Weekly Round-Up (12 August-17 August, 2024)
7 months ago

Supreme Court Weekly Round-Up (12 August-17 August, 2024)

Live Law  

Live Law has got you covered with all the latest updates of this last week. Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition Case details: State of Himachal Pradesh & Ors v. Balbir Singh & Anr, Diary No. Supreme Court Dismisses ED's Plea Against HC Order Allowing NDTV To Seek Compounding Of Alleged FEMA …

‘Scandalous’: CJI DY Chandrachud lambasts high court's unusual criticism of Supreme Court
7 months, 1 week ago

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

Hindustan Times  

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

SC bench to hear Punjab HC’s criticism of its order
7 months, 2 weeks ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

Punjab and Haryana HC criticises SC stay order, forcing top court to take suo motu cognisance
7 months, 2 weeks ago

Punjab and Haryana HC criticises SC stay order, forcing top court to take suo motu cognisance

New Indian Express  

NEW DELHI: In an unusual move, the Punjab and Haryana High Court has criticised a stay order issued by the Supreme Court, leading the top court to take suo motu cognisance of the matter. The case titled 'In Re: Order of Punjab and Haryana High Court Order of July 17, 2024 and Ancillary Issues' will be heard by a bench …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
7 months, 2 weeks ago

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence

The Quint  

“If courts ‘cave in’ when great rights are gouged within the sound-proof, sight-proof precincts of prison houses, where, often, dissenters and minorities are caged, Bastilles will be re-enacted. Therefore we affirm that imprisonment does not spell farewell to fundamental rights although, by a realistic re-appraisal, courts will refuse to recognise the full panoply of Part III enjoyed by a free …

Supreme Court refuses to reverse High Court order staying Arvind Kejriwal’s bail
8 months, 3 weeks ago

Supreme Court refuses to reverse High Court order staying Arvind Kejriwal’s bail

Op India  

On Monday, the Supreme Court refused to grant immediate relief to Delhi Chief Minister Arvind Kejriwal in his bid to reverse the High Court’s interim stay on a bail order given by a lower court last week. In place of issuing an order on Kejriwal’s plea today, the Supreme Court chose to defer it till June 26 to await the …

Rajasthan High Court Sets Aside Trial Court's Ad-Interim Order Due To Earlier Contradictory Order In Another Matter Pending Between Same Parties
9 months, 2 weeks ago

Rajasthan High Court Sets Aside Trial Court's Ad-Interim Order Due To Earlier Contradictory Order In Another Matter Pending Between Same Parties

Live Law  

A bench of Justice Madan Gopal Vyas at the Rajasthan High Court quashed an order of a trial court for passing a contradictory ad-interim order over another ad-interim order passed by it in the same matter. The Court observed the following: “This Court finds that the impugned order passed by the learned trial court is wholly without application of mind. …

Supreme Court stays High Court order to consider premature release of gangster-turned-politician Arun Gawli
9 months, 2 weeks ago

Supreme Court stays High Court order to consider premature release of gangster-turned-politician Arun Gawli

The Hindu  

The Supreme Court on June 4 stayed a Bombay High Court judgment directing the State of Maharashtra to grant gangster-turned-politician Arun Gulab Gawli, who is serving life imprisonment in a murder case, the benefit of a premature release policy. The Supreme Court issued notice to Gawli, who had successfully approached the Nagpur Bench of the High Court to get the …

Supreme Court Stays HC Order Asking Punjab & Chandigarh Authorities To Clear Protesters Blocking Road For Release Of Political Prisoners
10 months, 2 weeks ago

Supreme Court Stays HC Order Asking Punjab & Chandigarh Authorities To Clear Protesters Blocking Road For Release Of Political Prisoners

Live Law  

The Supreme Court issued notice in a petition filed by the State of Punjab against the Punjab & Haryana High Court's recent order which asked the State and the Union Territory of the Chandigarh to clear the protesters blocking the Mohali -Chandigarh road demanding the release of Sikh political prisoners. The Bench of Justices B.R Gavai, Satish Chandra Sharma, and …

Supreme Court Stays MP High Court Order Debarring 10 Advocates For Holding Strike, Says Lawyers Must Show Some Responsibility
11 months, 1 week ago

Supreme Court Stays MP High Court Order Debarring 10 Advocates For Holding Strike, Says Lawyers Must Show Some Responsibility

Live Law  

The Supreme Court on Wednesday stayed the Madhya Pradesh High Court order which debarred 10 members of the Seoni District Bar Association from appearing in any court for a period of one month and contesting elections to the Bar Association or Bar Council of the state. Recently, Madhya Pradesh High Court dropped 2624 contempt cases and 1938 show cause notices …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
1 year ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

By Judicial Order, High Court Cannot Render Advice : Supreme Court
1 year ago

By Judicial Order, High Court Cannot Render Advice : Supreme Court

Live Law  

While deprecating a High Court order for overlooking the long period of incarceration undergone by the petitioner, the Supreme Court recently reiterated that Courts cannot render "advice" through judicial orders and stayed a direction calling for a periodical report from Trial Court on the progress of trial. "We are of the view that issuing such a direction amounts to interference …

Stay orders of High Courts will not automatically lapse after six months: SC
1 year ago

Stay orders of High Courts will not automatically lapse after six months: SC

The Hindu  

The Supreme Court on February 29 said it could not unnecessarily fiddle with well-thought-out interim orders of High Courts staying criminal and civil proceedings. Chandrachud said the apex court had no power whatsoever to declare that a stay order passed by a High Court after due application of mind would automatically expire within six months. “Putting such constraints on the …

Should High Court Consult State Govt To Lay Down Criteria For Selection Of District Judges? Supreme Court Asks Haryana Govt
1 year, 1 month ago

Should High Court Consult State Govt To Lay Down Criteria For Selection Of District Judges? Supreme Court Asks Haryana Govt

Live Law  

The Supreme Court on Monday asked if a High Court is required to consult the State Government for laying down the criteria for the selection of District Judges. To which the SG replied, “.nothing remains if the criteria is to be fixed without consultation ….appointment and promotion means anything that forms part of that process because the appointing authority is …

Supreme Court upholds decision to cap number of visits by prisoners' relatives, counsel
1 year, 2 months ago

Supreme Court upholds decision to cap number of visits by prisoners' relatives, counsel

The Hindu  

The Supreme Court on January 9 upheld an order of the Delhi High Court which had said the decision to cap the number of visits by prisoners' families, friends and legal advisors to twice a week has been taken considering the number of inmates, and it cannot be said to be "completely arbitrary". The high court, in its order dated …

Supreme Court Shocked At Advocate Telling High Court That He Won't Argue Before Particular Bench, Issues Contempt Notice
1 year, 3 months ago

Supreme Court Shocked At Advocate Telling High Court That He Won't Argue Before Particular Bench, Issues Contempt Notice

Live Law  

The Supreme Court, while hearing a criminal appeal, expressed its shock at the conduct of an advocate for refusing to argue before the High Court. “Needless to add that only on account of default by the advocate for the appellants, the appellants ought not to have been penalized by passing a drastic order of cancelling bail.” Elaborating, the Court went …

Supreme Court Weekly Roundup (25th Sep- 1st Oct,2023)
1 year, 5 months ago

Supreme Court Weekly Roundup (25th Sep- 1st Oct,2023)

Live Law  

Judgment/Orders Medical Negligence & Res Ipsa Loquitur | Where Negligence Is Evident, Burden Of Proof Shifts To Hospital: Supreme Court Case Number: C.A. Citation: 2023 LiveLaw 827 The Supreme Court Bench comprising Justice Aniruddha Bose and Justice Vikram Nath, while interpreting Section 49 of the Registration Act, 1908, has held that an unregistered lease deed can be admitted in evidence …

Delhi High Court Issues Criminal Contempt Notice To Litigant Seeking Death Penalty For Single Judge, Making 'Whimsical Allegations'
1 year, 6 months ago

Delhi High Court Issues Criminal Contempt Notice To Litigant Seeking Death Penalty For Single Judge, Making 'Whimsical Allegations'

Live Law  

The Delhi High Court has issued show cause notice for criminal contempt to a litigant who sought death penalty for a single judge for dismissing his pleas and made 'whimsical and objectionable allegations' not only against the judge but also the government officials as well as the Supreme Court of India.“These averments, extracted hereinabove, are prima facie aimed at scandalising …

Supreme Court Deprecates High Courts Allowing Admission To Educational Institutions Through Interim Orders
1 year, 6 months ago

Supreme Court Deprecates High Courts Allowing Admission To Educational Institutions Through Interim Orders

Live Law  

The Supreme Court recently deprecated the practice of directing admission to educational institutions by way of interim orders, while considering a Special Leave Petition against an interim order of the Gujarat High Court that had directed the National Commission For Homeopathy to admit students in vacant seats of the Swanirbhar Homeopathic Medical College Sanchalak Mahamandal, an association. The Supreme Court …

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal
1 year, 6 months ago

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal

The Hindu  

The Supreme Court on Tuesday set aside an order of a Single Judge Bench of the Kerala High Court suspending the conviction of Lok Sabha member in an attempt-to-murder case. ‘Societal interest’ In January, the Single Judge Bench of the High Court had suspended Mr. Faizal’s conviction on the ground that societal interest lay in averting an expensive election. However, …

'Lazy attitude': Supreme Court raps high court order on rape survivor's abortion
1 year, 7 months ago

'Lazy attitude': Supreme Court raps high court order on rape survivor's abortion

India Today  

The Supreme Court, in an urgent hearing on Saturday, pulled up the Gujarat High Court over its "lackadaisical attitude" in deciding a minor rape victim's plea seeking the termination of her pregnancy. The counsel also told the bench that they had approached the Gujarat High Court on August 7 and the case was first listed and heard on August 8. …

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
1 year, 7 months ago

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses

Live Law  

The High Court, in its order passed on May 27, 2022, had adopted the directions issued by the Madhya Pradesh High Court in Rambahor Saket and others vs State of M.P. and reiterated those guidelines as follows- The Supreme Court recently set aside the directions issued by the Punjab & Haryana High Court regarding issuance of summons to prosecution witnesses …

Supreme Court Refuses To Interfere With Selection Process To Judicial Services By Gauhati, Gujarat, Patna High Courts
1 year, 8 months ago

Supreme Court Refuses To Interfere With Selection Process To Judicial Services By Gauhati, Gujarat, Patna High Courts

Live Law  

The Supreme Court recently refused to interfere with the selection process to judicial services conducted by the Gauhati High Court, Gujarat High Court and Patna High Court in a batch of matters being heard by the Top Court in a reference made to the Constitution Bench in Tej Prakash Pathak and others v. Rajasthan High Court and others 4 SCC …

Punjab & Haryana High Court Revives Contempt Petition Against Additional Session Judge, Who Acquitted Murder Accused Despite Stay Order
1 year, 8 months ago

Punjab & Haryana High Court Revives Contempt Petition Against Additional Session Judge, Who Acquitted Murder Accused Despite Stay Order

Live Law  

The Punjab & Haryana High Court has revived contempt proceedings against the then Additional Session Judge of Kapurthala, who despite the stay order of the High Court acquitted the accused in a 2016 murder case. A contempt petition was filed against the judge for disobeying the order of the High Court and in 2019 it directed the Registrar Vigilance to …

LIFE Mission Case: Sivasankar Withdraws Plea For Bail On Medical Grounds After Kerala High Court Expresses He Should Approach Supreme Court
1 year, 8 months ago

LIFE Mission Case: Sivasankar Withdraws Plea For Bail On Medical Grounds After Kerala High Court Expresses He Should Approach Supreme Court

Live Law  

Former Principal Secretary to the Chief Minister of Kerala, M. Sivasankar today withdrew his plea seeking interim bail in the Life Mission money laundering case on grounds of ill-health, after the Kerala High Court expressed disinclination to pass orders amid pendency of his SLP before the Supreme Court against refusal of regular bail.Justice A. Badharudeen noted that Supreme Court was …

Rajasthan High Court Pulls Up Senior Advocate For Seeking ‘Instant’ Hearing For Interim Relief In Plea Seeking Quashing Of FIR
1 year, 8 months ago

Rajasthan High Court Pulls Up Senior Advocate For Seeking ‘Instant’ Hearing For Interim Relief In Plea Seeking Quashing Of FIR

Live Law  

The Rajasthan High Court at Jaipur pulled up a Senior Advocate for "putting undue pressure" on the court to hear the prayer for stay of investigation in an FIR under Sections 410, 181, 198, 199, 200 of IPC against his client. Justice Birendra Kumar said said court has maintained "utmost restraint" in not initiating contempt proceedings against the senior counsel …

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court
1 year, 8 months ago

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court

Live Law  

The Rajasthan High Court at Jaipur has reiterated that the inherent powers of the High Court under Section 482 of IPC cannot be invoked to alter or review the final order of a criminal court. does not confer any new powers on the High Court; it only saves the inherent power which the Court possessed before the commencement of the …

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
1 year, 10 months ago

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court

Live Law  

The Supreme Court recently upheld the decision of Madhya Pradesh High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances beyond reasonable doubt. Arguments The Counsel appearing for the State submitted before the Court that the testimony …

Rajasthan High Court Upholds Benefit Of Probation To Two Convicts, Says Complainant Has No Right To Seek Enhancement Of Sentence
1 year, 11 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 …

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl
2 years ago

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl

Live Law  

The Supreme Court on Friday refused to interfere with an order of the Rajasthan High Court quashing a FIR registered against a 22-year old over a physical relationship with a 16-year old girl which led to her pregnancy and child birth.Taking note of the consistent stand of the girl that she had 'consented' to the relationship, the birth of a …

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