Subsequent Change Of Law By Itself Not A Ground To Reverse Acquittal : Supreme Court
4 days, 8 hours ago

Subsequent Change Of Law By Itself Not A Ground To Reverse Acquittal : Supreme Court

Live Law  

The Supreme Court recently ruled that a delay condonation application with an appeal against an acquittal cannot be allowed because the prosecution's case is supported by a subsequent change of law. Bhatti heard the criminal appeal filed against the Kerala High Court's decision allowing the State's plea against the appellant's acquittal because a subsequent judgment of the Supreme Court favored the prosecution's case. Aggrieved by the High Court's decision to allow the delay condonation application in filing an appeal against the acquittal prompted the Appellant to approach the Supreme Court. Case Title: HYDER VERSUS STATE OF KERALA Citation : 2024 LiveLaw 1016 Related Report: Subsequent Change In Law Can't Be A Ground For Condonation Of Delay: Supreme Court

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Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC
3 months, 1 week ago

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC

Live Law  

The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence. This principle follows the legal maxim of Actus Curiae Neminem Gravabit which means that 'an act of Court shall prejudice no-one', that is, if a litigant suffers …

Court Should Not Interfere With State Bar Council's Timeline For Enrolment Of Advocates: Kerala High Court
4 months, 2 weeks ago

Court Should Not Interfere With State Bar Council's Timeline For Enrolment Of Advocates: Kerala High Court

Live Law  

The Kerala High Court held that it cannot interfere with the timeline fixed by the Bar Council of Kerala for enrollment. The Court noticed that the Bar Council fixed the timeline based on the instructions of the Bar Council of India and the Court should not interfere with it. It was stated that based on these instructions, the Bar Council …

The Complete Supreme Court Annual Digest- 2023 [Part-XIV]
7 months, 2 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-XIV]

Live Law  

Municipal Corporation Act Municipal Corporation Act - Delhi Municipal Corporation Regulations - These provisions make it abundantly clear that the election of the Mayor has to be held first. Mina Pun v. State of U.P., 2023 LiveLaw 724 Narcotic Drugs and Psychotropic Substances Act, 1985 - Conviction liable to be set aside if samples weren't drawn in magistrate's presence as …

Whether Subsequent Change Of Law Can Be A Ground To Challenge Acquittal : Supreme Court To Decide
1 year, 1 month ago

Whether Subsequent Change Of Law Can Be A Ground To Challenge Acquittal : Supreme Court To Decide

Live Law  

The Supreme Court is set to examine whether a subsequent change in law can be a ground for condoning delay or to disturb the acquittal finding. To provide a brief background, the Bench of Justices Hrishikesh Roy and Sanjay Karol recently issued notice in a special leave petition filed against an interim order of the Kerala High Court. But the …

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court
1 year, 3 months ago

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court

Live Law  

While reversing an order of acquittal in a bribery case against a village officer, the Kerala High Court recently observed that CrPC does not mandate the appellate court to differentiate between the appeals against judgments of conviction or acquittal and that they have the same powers while dealing with both. It was also argued that the court below failed to …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]
2 years, 1 month ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]

Live Law  

Central Excise Tariff Act, 1988 - Modified Vapour Absorption Chiller Machines cannot be categorized as a Heat Pump to avail concessional tariff benefits - The end use of MVAC is to produce Chilled Water. Thermax Ltd v. Commissioner of Central Excise, Pune-1, 2022 LiveLaw 881 Code of Criminal Procedure, 1973; Section 406 - Negotiable Instruments Act, 1881; Section 138 - …

'Double Presumption Available In Favour Of Accused After Acquittal' : Supreme Court Restores Acquittal In Murder Case
2 years, 5 months ago

'Double Presumption Available In Favour Of Accused After Acquittal' : Supreme Court Restores Acquittal In Murder Case

Live Law  

The Supreme Court recently restored the acquittal of an accused in a murder case, after finding fault with the High Court for reversing the trial court's order. "While dealing with an appeal against acquittal by invoking Section 378 of the Cr.PC, the Appellate Court has to consider whether the Trial Court's view can be termed as a possible one, particularly …

Plea Of Adjustment Should Be Raised Before Institution Of Suit: Kerala High Court Reiterates
2 years, 5 months ago

Plea Of Adjustment Should Be Raised Before Institution Of Suit: Kerala High Court Reiterates

Live Law  

The Kerala High Court has reiterated that a plea of adjustment can be pressed into service only if raised before the institution of the suit and not afterwards, unlike a plea for set-off.Justice A. Badharudeen also noted that leave for filing additional written statements is usually not granted by courts if they are filed after a long delay. The Kerala …

Supreme Court Criminal Digest -April 2022
2 years, 7 months ago

Supreme Court Criminal Digest -April 2022

Live Law  

Arms Act, 1950; Section 27 - Supreme Court Patna High Court judgment which modified the judgment passed by the Trial Court convicting the appellants- accused under Section 307 read with Section 34 Indian Penal Code to Section 324 IPC and confirming their conviction under Section 27 of the Arms Act. Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw 390 …

'Don't Fight A Proxy Battle' : Supreme Court Dismisses NGO's Plea To Expunge Remarks Against DySP In Walayar Case
3 years, 2 months ago

'Don't Fight A Proxy Battle' : Supreme Court Dismisses NGO's Plea To Expunge Remarks Against DySP In Walayar Case

Live Law  

The Supreme Court on Monday refused to entertain a petition filed by an NGO named "Justice for Walayar Kids Forum" seeking to expunge certain adverse remarks made by the Kerala High Court against the Deputy Superintend of Police who was the Investigating Officer in the Walayar case relating to rape and killing of two minor girls in Kerala.A bench comprising …

Supreme Court Weekly Round Up September 13 To September 19, 2021
3 years, 3 months ago

Supreme Court Weekly Round Up September 13 To September 19, 2021

Live Law  

Unilateral Cancellation Of Registered Sale Deed Can't Be An Anticipatory Bail Condition: Supreme CourtCase: Syed Afsar Pasha Quadri v The State of TelanganaCitation : LL 2021 SC 474The Supreme Court has observed that a registered sale deed cannot be cancelled unilaterally by one party to the said document in purported compliance of the direction given by the High. Unilateral Cancellation …

Amendments In Written Statement Cannot Completely Displace Former Admissions: Kerala High Court
3 years, 3 months ago

Amendments In Written Statement Cannot Completely Displace Former Admissions: Kerala High Court

Live Law  

While dealing with a plea where a written statement was amended after the matter was listed for trial, the Kerala High Court observed that amendments made in a written statement cannot completely displace the former admissions made before the amendment. Justice V.G Arun while dismissing the original suit remarked: ".in the case at hand, the amendments would not only have …

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice
3 years, 4 months ago

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice

Live Law  

The Supreme Court issued notice in Special Leave Petition filed against a Kerala High court order recalling its earlier judgment quashing rape and child sexual assault charges against various accused.The High Court bench presided by Justice K. Haripal had initially quashed the proceedings against on the grounds of the marriage of the accused to the victims. The Supreme Court issued …

Actress Sexual Assault Case: Kerala HC Junks Plea for Change of Court
4 years, 1 month ago

Actress Sexual Assault Case: Kerala HC Junks Plea for Change of Court

News 18  

The Kerala High Court on Friday rejected pleas filed by the actress who was allegedly sexually assaulted in 2017 and the state government seeking to transfer trial in the case, in which popular Malayalam actor Dileep is among the accused, from the current court. The state government, in its October 27 memorandum seeking transfer of the trial, submitted it was …

[Breaking] No Change Of Trial Judge In Actor Sexual Assault Case; Kerala High Court Dismisses Transfer Pleas Of Victim & Prosecution
4 years, 1 month ago

[Breaking] No Change Of Trial Judge In Actor Sexual Assault Case; Kerala High Court Dismisses Transfer Pleas Of Victim & Prosecution

Live Law  

The Kerala High Court on Friday dismissed the applications filed by the prosecution and the victim seeking to change the judge holding trial in the sensational actor sexual assault case of 2017. As regards the second instance that the judge did not stop the harassment of victim by the lawyers of the accused, the High Court observed that "it would …

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