Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
1 year, 4 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 in a criminal trial. After framing of charges against the accused, summons be issued to the eyewitnesses or to those witnesses who are most material to prove the case of the prosecution If summons are returned unserved for whatever reasons, instead of wasting further time by resorting to the same process time and again, the next summons must be served through the office of the Superintendent of Police If the reasons given by the police in the report returning the summons unserved, reflect that the witnesses are unreachable/untraceable and that service cannot be effected on them on account of their non-availability and there is no prospect of them being found within a reasonable time, then the trial court must skip those witnesses and proceed to the next set of witnesses by issuing summons to them. While hearing the case, the High Court noted that the Trial Court had issued proclamation under Section 82 CrPC against two prosecution witnesses for failing to appear.

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History of this topic

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
2 days, 9 hours ago

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court

Live Law  

While granting bail to a man booked for offences under the NDPS Act, the Punjab & Haryana High Court observed that district court's reluctance in granting bail burdens the High Court, delays hearing of matters like appeals, revision and it is for the "hierarchical court" like the high court to "introspect". Such reluctance exacerbates the burden on High Courts, where …

Inappropriate For High Court To Seek Explanation From Judicial Officer By Judicial Order : Supreme Court
6 days, 3 hours 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 …

Supreme Court Stays HC Direction To Punjab & Haryana On VVIP/VIP Security Cover
1 week, 3 days ago

Supreme Court Stays HC Direction To Punjab & Haryana On VVIP/VIP Security Cover

Live Law  

The Supreme Court recently stayed the direction issued by the Punjab and Haryana High Court to revoke the security cover given to IAS officers in Haryana dealing with civil administration responsibilities or quasi-judicial work. The Court also stayed the High Court's direction which sought details of the Police security provided to VIPs and VVIPs in Punjab and Haryana. In the …

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
1 week, 5 days ago

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC

Live Law  

The Kerala High Court has said that it is well-established that the High Court can under Article 226 of the Constitution consider the legality of orders passed by Tribunals, adding that it has ample powers to issue directions even when such reliefs are not specifically sought in the plea before the Tribunal. However, the High Court ordered that the disciplinary …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
2 weeks ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court
3 weeks, 3 days ago

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court

Live Law  

Criticising the growing trend of directly approaching the High Court for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the Jammu and Kashmir and Ladakh High Court has observed that bypassing the trial courts in such matters not only burdens the High Court but also disregards the legal protocol, where such petitions should typically be first addressed …

'Classic Case Of How System Operates & Delays Trial': Supreme Court While Allowing Accused To Recall Witness After Over 3 Years
3 weeks, 4 days ago

'Classic Case Of How System Operates & Delays Trial': Supreme Court While Allowing Accused To Recall Witness After Over 3 Years

Live Law  

The Supreme Court on Thursday lamented systematic delays in trial after noting that the trial court illegally recorded the complainant's evidence in a POCSO case in the absence of the accused and his advocate and then both the trial court and the High Court rejected a recall application to allow the accused to cross-examine the complainant. “This is a classic …

'Pains Judicial Conscience': P&H High Court Seeks Explanation From Magistrate Who Issued Release Warrant Without Compliance Of Bail Condition
3 weeks, 5 days ago

'Pains Judicial Conscience': P&H High Court Seeks Explanation From Magistrate Who Issued Release Warrant Without Compliance Of Bail Condition

Live Law  

Observing that the judicial conscience of the Court is shocked about the manner in which the release warrant was issued by a Judicial Magistrate, the Punjab & Haryana High Court has sought explanation from the judge.The Court found that the JMIC of Ambala issued a release warrant for an accused in a cheating case without compliance of the pre-condition of …

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts
3 weeks, 5 days ago

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts

Live Law  

The Supreme Court has sounded a word of caution to the Courts to ensure that distant relatives of a husband are not unnecessarily implicated in criminal cases filed at the instance of wife alleging domestic cruelty under Section 498A of the Indian Penal Code.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal made this observation while quashing the criminal …

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC
1 month ago

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

Live Law  

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". Justice …

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court
1 month ago

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court

Live Law  

While directing restoration of the criminal proceedings against Kerala MLA Antony Raju in an evidence tampering case, the Supreme Court today held that the bar on taking of cognizance under Section 195 CrPC was not attracted in the case, as the proceedings were initiated against Raju pursuant to a judicial order. "the initiation of the present proceedings in the present …

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court
1 month, 1 week ago

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court set aside the charges framed for contempt of court, observing that the undertaking given by the State counsel following the instruction of the official was not authorised to give the undertaking.A case seeking direction for conducting exam of Kanungo for promotion to the post of Naib Tehsildar was filed, however the same was disposed …

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court
1 month, 1 week ago

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court set aside the charges framed for contempt of court, observing that the undertaking given by the State counsel following the instruction of the official was not authorised to give the undertaking.A case seeking direction for conducting exam of Kanungo for promotion to the post of Naib Tehsildar was filed, however the same was disposed …

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix
1 month, 1 week ago

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix

Live Law  

The Jabalpur bench of the Madhya Pradesh High Court upheld the decision of the trial court to restrict the right of accused to cross-examine the prosecutrix, while noting that the man made "every effort to harass" the woman by continuously seeking adjournments for her cross examination. Ahluwalia in its order said, "It is true that the applicant may suffer irreparable …

'Pained & Shocked' Over Trial Judge Who Held Witness Guilty For Taking Contradictory Stand: P&H HC Refers Matter To CJ, Recommends Training
1 month, 2 weeks ago

'Pained & Shocked' Over Trial Judge Who Held Witness Guilty For Taking Contradictory Stand: P&H HC Refers Matter To CJ, Recommends Training

Live Law  

The Punjab & Haryana High Court has expressed shock over the conduct of a judge who held the witness guilty for giving false statement because he took a contradictory stand before the police and the Court. Justice Sanjeev Prakash Sharma and Justice Sanjay Vashishth said, "We are extremely pained and shocked by the manner by which the concerned Additional Sessions …

High Courts should not sit on bail pleas: Supreme Court
3 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 …

Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty
3 months, 3 weeks ago

Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty

The Hindu  

The Bombay High Court on Tuesday urged lower courts to be prompt in resolving anticipatory bail applications to safeguard the liberty of citizens. The High Court expressed displeasure over the slow handling of a pre-arrest bail petition by a sessions court in Kalyan in Thane district of Maharashtra. A single Bench of Judge Sandeep V. Marne was hearing an appeal …

Supreme Court Weekly Round-Up (12 August-17 August, 2024)
4 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 …

West Bengal Post-Poll Violence : Supreme Court Sets Aside HC Order Transferring Trial Of One Case, Says No Proper Service Of Notice To Accused
4 months, 1 week ago

West Bengal Post-Poll Violence : Supreme Court Sets Aside HC Order Transferring Trial Of One Case, Says No Proper Service Of Notice To Accused

Live Law  

The Supreme Court on August 9 set aside an order of the Calcutta High Court, transferring the trial commenced at Coochbehar to Special CBI Court at Siliguri in the case lodged in the aftermath of the 2021 West Bengal Legislative Assembly elections for serious offences including murder and rape.The Supreme Court set aside the High Court order on the grounds …

‘Scandalous’: CJI DY Chandrachud lambasts high court's unusual criticism of Supreme Court
4 months, 2 weeks 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
4 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 …

Accused Doesn't Have Right Of "Pre-Audience" To Dictate Manner Of Investigation: Madhya Pradesh High Court
4 months, 2 weeks ago

Accused Doesn't Have Right Of "Pre-Audience" To Dictate Manner Of Investigation: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court at Jabalpur has held that suspects or accused individuals cannot be given a pre-audience to determine the manner or agency of their investigation. Thus, the High Court, aligning with the Apex Court's consistent view, dismissed the petitioners' plea for a directed investigation. Justice Ahluwalia emphasized that the accused does not possess the right to influence …

Punjab and Haryana HC criticises SC stay order, forcing top court to take suo motu cognisance
4 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 …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
4 months, 3 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Madhya Pradesh High Court Stresses On Early Disposal Of Cases In Revenue Courts, Applies Apex Court Guidelines
4 months, 3 weeks ago

Madhya Pradesh High Court Stresses On Early Disposal Of Cases In Revenue Courts, Applies Apex Court Guidelines

Live Law  

The Madhya Pradesh High Court has emphasized the necessity of expediting case disposals in revenue courts, extending the Supreme Court's guidelines applicable to High Courts and District Courts to include revenue courts as well. The petitioner's counsel highlighted the inordinate delay in resolving the appeal, citing the Supreme Court's decision in High Court Bar Association, Allahabad vs. State of UP …

On Arvind Kejriwal's bail plea, Delhi High Court seeks CBI's response
5 months, 2 weeks ago

On Arvind Kejriwal's bail plea, Delhi High Court seeks CBI's response

India Today  

The Delhi High Court on Friday issued a notice to the CBI, seeking the probe agency's response to a bail plea filed by Delhi Chief Minister Arvind Kejriwal in connection with the liquor policy case. The CBI raised objections to the Aam Aadmi Party supremo directly moving the High Court for bail without first approaching the trial court. Following the …

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests
5 months, 4 weeks ago

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests

Live Law  

The Supreme Court on Monday dismissed a petition filed by the Haryana Staff Selection Commission against a judgment of the Punjab and Haryana High Court setting aside a 2022 Notification that granted 5% additional marks to domiciles of Haryana in recruitment to certain posts based on "socio-economic" criteria. The vacation bench of Justices AS Oka and Rajesh Bindal was hearing …

Punjab & Haryana High Court Issues Bailable Warrant Against IAS Officer To Ensure Appearance In Contempt Case, Imposes 10K Cost For Adjournment
7 months, 1 week ago

Punjab & Haryana High Court Issues Bailable Warrant Against IAS Officer To Ensure Appearance In Contempt Case, Imposes 10K Cost For Adjournment

Live Law  

The Punjab & Haryana High Court has issued bailable warrants against an IAS officer to ensure her presence in a contempt plea filed by a man for allegedly violating the High Court's order and causing "illegal obstruction" in the construction of a plot.Justice Rajbir Sehrawat said, "to ensure the presence of the respondent before this Court on the next date …

Supreme Court Asks HCs, Centre & States/UTs To Comply With Directions To Prevent Unnecessary Arrests & Remand
7 months, 1 week ago

Supreme Court Asks HCs, Centre & States/UTs To Comply With Directions To Prevent Unnecessary Arrests & Remand

Live Law  

The Supreme Court, while hearing an application, has given one last opportunity to the High Courts, States, and Union Territories to report compliance with the directions issued, inter alia, for including decisions taken in Siddharth v. State of UP, 1 SCC 676 and Satender Kumar Antil vs. Central Bureau Of Investigation in the curriculum of the judicial academy. The Division …

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court
7 months, 2 weeks ago

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court

Live Law  

Madhya Pradesh High Court has recently underscored that notice of proceedings should have been issued to the petitioner and not his counsel in the matter. Pursuant to a High Court order, the Joint Director had decided on an earlier application of the petitioner dated 1/11/2022 and the fresh application filed by him on 28/3/2023. It was incumbent upon respondent No.2 …

Supreme Court Stays MP High Court Order Debarring 10 Advocates For Holding Strike, Says Lawyers Must Show Some Responsibility
8 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 …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
8 months, 2 weeks 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 …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
9 months, 1 week 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 …

HC's Order 'Smacks of Arbitrariness and Perversity', Supreme Court Sets Aside Allahabad HC's Order Passed Without Hearing Parties
9 months, 1 week ago

HC's Order 'Smacks of Arbitrariness and Perversity', Supreme Court Sets Aside Allahabad HC's Order Passed Without Hearing Parties

Live Law  

The Supreme Court on Monday set aside the order of the Allahabad High Court passed in gross violation of the principle of natural justice whereby the order was passed without hearing to the opposite parties.Terming the order of the High Court as arbitrary and perverse, the Bench Comprising Justices BR Gavai and Sandeep Mehta found that the order was passed …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
9 months, 1 week ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case
9 months, 1 week ago

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

Live Law  

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156 CrPC to the designated special judge of Indore District Court. “…Since the question of competency and jurisdiction of the court …

By Judicial Order, High Court Cannot Render Advice : Supreme Court
9 months, 2 weeks 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 …

Prima Facie Proof Needed To Interpret S. 8 Invocation, M.P High Court Applies Prima Facie Approach, Dismisses Revision Based On Lack Of Proof
10 months, 1 week ago

Prima Facie Proof Needed To Interpret S. 8 Invocation, M.P High Court Applies Prima Facie Approach, Dismisses Revision Based On Lack Of Proof

Live Law  

The High Court of Madhya Pradesh bench comprising Justice Achal Kumar Paliwal dismissed a revision petition seeking to invoke Section 8 of the Arbitration and Conciliation Act, 1996 based on a dispute related to the transfer of cheques under a partnership deed. The High Court noted there was no record suggesting that the mentioned amount was provided to the Petitioner …

Should High Court Consult State Govt To Lay Down Criteria For Selection Of District Judges? Supreme Court Asks Haryana Govt
10 months, 1 week 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 …

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC
10 months, 4 weeks ago

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC

Live Law  

The Allahabad High Court recently explained the difference between the scope of Section 311 CrPC and Section 233 CrPC concerning the production of defence witnesses during the trial. “Under section 311 CrPC, the power lies in the courts only and under section 233 CrPC, the right lies with the accused and the court's interference is limited,” the Court emphasized. For …

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court
11 months, 2 weeks ago

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court

Live Law  

The Supreme Court has observed that when the prosecution case is solely based on the circumstantial evidence, then the courts must be vigilant while examining the facts proving the circumstantial evidence i.e., it must be consistent with the hypothesis of the guilt of the accused and should be free from doubts, improbabilities and inconsistencies. Reversing the concurrent findings of the …

Madras High Court calls for details of cases pending against all MPs/MLAs across Tamil Nadu
1 year ago

Madras High Court calls for details of cases pending against all MPs/MLAs across Tamil Nadu

The Hindu  

The Madras High Court on Monday directed the State government to submit complete details regarding the number of criminal cases pending against MPs and MLAs in the State, the courts in which they are pending and the stage of the proceedings before those courts. First Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy asked Advocate …

Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts
1 year ago

Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts

Live Law  

The Supreme Court expressed concern at the High Courts not listing bail applications arising out of the same FIR before the same bench, despite repeated orders. The bench comprising Justices CT Ravikumar and Sanjay Kumar, in its order, stressed the need for listing bail applications pertaining to the same FIR before one single bench in order to avoid conflicting decisions, …

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

Don’t hold up trials without stay order: HC to lower courts
1 year, 1 month ago

Don’t hold up trials without stay order: HC to lower courts

Hindustan Times  

The Punjab and Haryana high court has directed the lower courts in Punjab, Haryana and Chandigarh to continue with trial court proceedings unless there is a specific order of stay in the matter in question. The Punjab and Haryana high court has issued “specific directions” to the trial courts to continue with their proceedings unless a stay was granted on …

'Approach High Court' : Supreme Court Dismisses Popular Front of India's Plea Against Central Govt's Ban Under UAPA
1 year, 1 month ago

'Approach High Court' : Supreme Court Dismisses Popular Front of India's Plea Against Central Govt's Ban Under UAPA

Live Law  

The Supreme Court on Monday dismissed a plea by the Popular Front of India challenging a home ministry notification designating it and its affiliated organisations as 'unlawful associations' under the Unlawful Activities Act, 1967 since the now proscribed outfit did not approach a high court first. A bench of Justice Aniruddha Bose and Bela M Trivedi was hearing a special …

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 1 month ago

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

Live Law  

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High …

Suspecting Collusion With Police, High Court Upholds Section 319 CrPC Order To Add Accused Declared Innocent By Nuh DSP
1 year, 1 month ago

Suspecting Collusion With Police, High Court Upholds Section 319 CrPC Order To Add Accused Declared Innocent By Nuh DSP

Live Law  

Observing that, "Police authorities relied upon unknown ghost respectable members of the society so as to declare the petitioner as innocent," the Punjab & Haryana High Court has upheld the order to array a man as an accused in a murder case who was exonerated in police investigation by Nuh DSP.Justice Deepak Gupta observed, "It is very surprising that despite …

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court
1 year, 2 months ago

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court

Live Law  

Madhya Pradesh High Court has reiterated that the scope of revisional jurisdiction wielded by the High Court under Section 401 CrPC is limited and it cannot be put to use for reversing the conclusions reached by the courts below. Adding to this, the single-judge bench of Justice Prem Narayan Singh sitting at Indore also noted that the High Court cannot …

MP High Court Recalls Order Prohibiting Lawyers' Appearance Before It After They Admit To Bench Hunting, Recognize Harm To Administration Of Justice
1 year, 2 months ago

MP High Court Recalls Order Prohibiting Lawyers' Appearance Before It After They Admit To Bench Hunting, Recognize Harm To Administration Of Justice

Live Law  

Following what appears to be an instance of ‘bench hunting’, the Madhya Pradesh High Court has decided to recall a certain order that prohibited Advocate Vinayak Prasad Shah from appearing before certain High Court benches. The division bench of Chief Justice Ravi Malimath and Justice Vishal Mishra sitting at Jabalpur observed that the lawyers who have filed the vakalath in …

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