Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses
1 year, 2 months ago

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses

Live Law  

The Rajasthan High Court has upheld a Special Court's order rejecting the closure report submitted by the police and taking cognizance against accused Station House Officer for offences under the Scheduled Caste and Scheduled Tribe Act. The Trial Court did not accept the final report and took cognizance under Sections 341 and 323 IPC and Sections 3, 3 and 3 of the SC/ST Act against the appellant and issued process against him vide impugned order dated July 05, 2023. The Counsel appearing for the appellant submitted that the trial judge has exercised his judicial discretion while taking cognizance but in a very cursory and cryptic manner and without considering the definite grounds mentioned in the negative final report submitted by the Investigating Officer. On the other hand, the public prosecutor submitted that the trial court is empowered to take cognizance even if the final report submitted by the agency concludes that no offence has been committed by the accused.

Court Order Judge Report Officer Final Appellant Submitted Cognizance  cognizance  taking  submitted  final  trial  special  caste  report  order  officer  high  judge  upholds  appellant  hurling  court  rajasthan

History of this topic

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 …

'Shocking Scenario': Punjab & Haryana HC Flags Trend Of Filing False Cases, Says Police Are Not Merely 'Postmen' For Forwarding Complaints
1 week ago

'Shocking Scenario': Punjab & Haryana HC Flags Trend Of Filing False Cases, Says Police Are Not Merely 'Postmen' For Forwarding Complaints

Live Law  

Flagging the rising trend of filing frivolous cases, the Punjab & Haryana High Court has said that the investigating officers are not merely postmen, who are there only to forward the complaints they receive to the Courts and to add "unnecessary pressure to the judicial system" and "ruin lives of citizens. Flagging the rising trend of filing frivolous cases, the …

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court
3 weeks, 2 days ago

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court

Live Law  

Rajasthan High Court has ruled that the possibility of disciplinary inquiry taking a long time could not be a reason to invoke Section 19 of the Rajasthan Civil Services Rules, 1958 and do away with the inquiry. Hence, in order to take a quick and effective action, the disciplinary authority dismissed the petitioner from services under Rule 19 to send …

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

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs
1 month ago

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs

Live Law  

Rajasthan High Court has set aside the penalty of compulsory retirement imposed upon an Additional District and Sessions Judge in 2015 for allowing the second bail application filed by a murder accused, despite having knowledge of the fact that the first bail application was rejected by the High Court and there was a pending transfer petition in front of the …

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case
1 month, 1 week ago

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case

Hindustan Times  

The Rajasthan high court on Tuesday dismissed charges under the Scheduled Castes and Scheduled Tribes Act, 1989, against four individuals accused of using derogatory language toward public officials during an encroachment inspection in Jaisalmer. Justice Birendra Kumar observed that the alleged terms used — ‘bhangi’, ‘neech’, ‘bhikhari’ and ‘mangani’ — were not casteist slurs and therefore did not meet the …

'Bhangi', 'Neech', 'Bhikhari', 'Mangani', Not Caste Names: Rajasthan High Court Drops Charges Under SC/ST Act
1 month, 1 week ago

'Bhangi', 'Neech', 'Bhikhari', 'Mangani', Not Caste Names: Rajasthan High Court Drops Charges Under SC/ST Act

Live Law  

The Jodhpur bench of the Rajasthan High Court dropped charges under the SC/ST Act against four men accused of using words like 'Bhangi', 'Neech', 'Bhikhari', 'Mangani' while addressing certain individuals, ruling that these words were not caste names and neither was there an allegation that the four men knew the castes of the latter. A single judge bench of Justice …

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court
1 month, 2 weeks ago

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court

Firstpost  

The verdict, which was reserved way back in October 2023, came in a matter that dealt with the question of whether a High Court, in exercise of its powers under Section 482 CrPC, can quash a sexual harassment case based on compromise between the accused and the survivor. Supreme Court on Thursday set aside Rajasthan High Court’s decision to quash …

High Court Rejects Plea to Quash FIR Based on Permission to Conduct Further Investigation
1 month, 2 weeks ago

High Court Rejects Plea to Quash FIR Based on Permission to Conduct Further Investigation

Live Law  

The Kerala High Court has ruled that an additional or subsequent police report cannot be held as invalid just because the investigation officer did not seek the court's permission before conducting further investigation. The court emphasized the need to obtain the court's permission as a practice, however held that even in the absence of such permission, the final report is …

Haryana: Law officer claims drunk cops misbehaved; HC asks DGP to probe
3 months ago

Haryana: Law officer claims drunk cops misbehaved; HC asks DGP to probe

Hindustan Times  

The Punjab and Haryana high court has directed the Haryana director general of police to probe allegations by a state’s law officer of misbehavior by Sirsa cops. The order came from the bench of justice Gurbir Singh, which during hearing a bail matter was apprised of the incident by Rajiv Sidhu, a deputy advocate general of the state before the …

Disciplinary Proceedings Against Judicial Officer Can't Be Quashed Merely For Absence Of Affidavit Supporting Allegations: Orissa High Court
4 months ago

Disciplinary Proceedings Against Judicial Officer Can't Be Quashed Merely For Absence Of Affidavit Supporting Allegations: Orissa High Court

Live Law  

The Orissa High Court has held that disciplinary proceedings initiated against a judicial officer cannot be quashed merely because the allegations, on the basis of which the action was taken, was not supported by a duly sworn-in affidavit. The requirement for sworn affidavits and verifiable material ensures that the process is fair and that decisions are not arbitrary.” Factual Background …

They were unwarranted, scandalous: SC expunges HC judge's remarks against apex court
4 months, 2 weeks ago

They were unwarranted, scandalous: SC expunges HC judge's remarks against apex court

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday expunged the observations made by a single judge bench of the Punjab and Haryana High Court against the apex court in a contempt case, saying they were "scandalous" and "unwarranted".A five-judge bench headed by Chief Justice of India D Y Chandrachud, however, refused to initiate proceedings against Punjab and Haryana High Court Judge …

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 …

HC quashes FIR against Haryana activist booked for ‘casteist’ remarks against IPS officer
5 months ago

HC quashes FIR against Haryana activist booked for ‘casteist’ remarks against IPS officer

Hindustan Times  

The Punjab and Haryana high court has quashed criminal proceedings against a Haryana activist booked for “casteist” comments against an Indian Police Service officer, Vinod Kumar, who was SP, Charkhi Dadri in 2021. Even a layman, if not an officer of IPS rank, can easily comprehend that the comments made by the petitioner cannot be termed to be with a …

Karnataka High Court Stays Financial Impropriety Probe Against IIM-Bangalore Professor Who Levelled Allegations Of Caste Bias
5 months, 1 week ago

Karnataka High Court Stays Financial Impropriety Probe Against IIM-Bangalore Professor Who Levelled Allegations Of Caste Bias

Live Law  

The Karnataka High Court has by interim order stayed the operation of an Enquiry Committee constituted by the Indian Institute of Management-Bangalore, to probe allegations of financial impropriety in raising travel claim bills against one of its Associate Professors. It was claimed that the constitution of the Committee to look into Das' alleged financial impropriety is made only as a …

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'
5 months, 1 week ago

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'

Live Law  

The Rajasthan High Court has granted bail to an accused charged for rape under IPC as well as POCSO Act, primarily looking at a representation made by the prosecutrix to the Superintendent of Police that revealed that the rape case was merely a façade created by her to malign her own image so that her husband abandons her. For this …

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court
6 months ago

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that availing a civil remedy does not by itself become grounds to quash a criminal complaint filed concerning facts which not only make out a civil wrong but a criminal offence as well. The Court said: “Merely on account of the fact that complainant had a civil remedy as also has availed that remedy, …

Supreme Court Expresses Dissatisfaction At Rajasthan Police For Not Suspending Officers Accused Of Torturing Witness
7 months, 3 weeks ago

Supreme Court Expresses Dissatisfaction At Rajasthan Police For Not Suspending Officers Accused Of Torturing Witness

Live Law  

Today, the Supreme Court, while hearing a matter in which a prosecution witness had levied allegations against police officials of assault, prima facie noted that it is not satisfied with the action taken by the Director General of Police, Rajasthan, in this regard. The Bench of Justices Abhay S Oka and Ujjal Bhuyan was hearing the petitioner-accused's challenge to a …

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
8 months, 1 week ago

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers

Live Law  

Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat. “In this background, the court feels that an exercise of sensitization of the police officers and judicial officers …

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue
8 months, 2 weeks ago

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue

Live Law  

The Rajasthan High Court today stayed coercive action till May 27 against a Judicial Magistrate who is facing an FIR for allegedly asking a Rape survivor to strip and show her injuries, last month. Appearing for the petitioner-association, Advocate Deepak Chauhan also drew the attention of the High Court towards the articles published in newspapers related to the alleged incident …

Rajasthan Judicial Magistrate Booked For Allegedly Asking Rape Survivor To Strip In Court And Show Her Injuries
8 months, 2 weeks ago

Rajasthan Judicial Magistrate Booked For Allegedly Asking Rape Survivor To Strip In Court And Show Her Injuries

Live Law  

An FIR has been lodged against a Judicial Magistrate in Rajasthan alleging that he asked a Dalit gang rape survivor to strip in the court to show her injuries. According to Hindustan Times, the survivor had filed a complaint on March 30 alleging that the Hindaun Court Magistrate Ravindra Kumar “asked her to strip in order to see her injuries.” …

Rajasthan magistrate asks rape survivor to strip, case filed
8 months, 2 weeks ago

Rajasthan magistrate asks rape survivor to strip, case filed

India Today  

Police have booked a magistrate in Karauli district for allegedly asking a Dalit rape victim to strip to show her injuries, an officer on Wednesday said. Deputy SP cell Mina Meena said that the victim had filed a complaint on March 30 alleging that the Hindaun court magistrate asked her to strip in order to see her injuries. According to …

Can Officer Below ASI Rank Probe Cognizable Offences? Rajasthan High Court Refers Matter To Larger Bench
9 months ago

Can Officer Below ASI Rank Probe Cognizable Offences? Rajasthan High Court Refers Matter To Larger Bench

Live Law  

While disagreeing with the decision rendered by a co-ordinate bench earlier, a single judge bench of Rajasthan High Court has referred to a larger bench the issue of whether a police officer below ASI rank could investigate a cognisable offence or not. …that investigation of a cognizable offence can be conducted by an officer below the rank of ASI and …

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 …

Gujarat High Court dismayed at incidents of ‘rape, molestation, discrimination, homophobia, favouritism’ at GNLU
9 months, 3 weeks ago

Gujarat High Court dismayed at incidents of ‘rape, molestation, discrimination, homophobia, favouritism’ at GNLU

The Hindu  

The Gujarat High Court on Wednesday expressed its dismay at the “incidents of molestation, rape, discrimination, homophobia, favouritism, suppression of voices” which have taken place at Gujarat National Law University, Gandhinagar, according to a fact-finding committee’s report. The report, submitted in a sealed cover to the Division Bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee, was described …

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court
10 months ago

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court

Live Law  

In a recent decision, Rajasthan High Court has made a string of remarks about when an application to withdraw prosecution under Section 321 CrPC can be made. The single-judge bench of Justice Farjand Ali also observed that Section 321 CrPC provides an overwhelming pertinence to the discretion of a Public Prosecutor and his role, as an officer of the court, …

Gujarat Encounters | Police Officers Identified In Justice HS Bedi's Enquiry Report Must Be Prosecuted: Petitioners To Supreme Court
11 months ago

Gujarat Encounters | Police Officers Identified In Justice HS Bedi's Enquiry Report Must Be Prosecuted: Petitioners To Supreme Court

Live Law  

In pleas relating to fake encounter killings allegedly carried out by the Gujarat Police during 2002-2007, the Supreme Court today was informed by petitioners that the Report of Justice HS Bedi-led Monitoring Committee has found foul play in 3 cases out of a total of 17, and as such, the police officers identified in the Report must be prosecuted.After a …

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint
1 year ago

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint

Live Law  

Observing that where the complaint was dismissed and thereafter challenged in the revision petition the accused has right to be heard, the Punjab & Haryana High Court has set aside the order of a Session Court which was passed in revision petition without issuing process to the accused.Justice Jasjit Singh Bedi said, "A perusal of Section 401 Cr.P.C. Observing that …

Constable Dismissed On Bribery Complaint Gets Relief After Death; Rajasthan High Court Sets Aside Punishment Citing Lack Of Enquiry
1 year, 1 month ago

Constable Dismissed On Bribery Complaint Gets Relief After Death; Rajasthan High Court Sets Aside Punishment Citing Lack Of Enquiry

Live Law  

The Rajasthan High Court has set aside the dismissal order of a deceased Head Constable who was allegedly caught on an audio clip demanding bribe for release of a vehicle carrying liquor. The single judge bench of Justice Anoop Kumar Dhand noted that the dismissal order was passed without holding enquiry or following the procedure contained under the Rajasthan Civil …

Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty
1 year, 2 months ago

Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty

Live Law  

Regarding the disciplinary action taken against a Police constable who was allegedly intoxicated while on duty, the Rajasthan High Court has recently observed that the Disciplinary and Appellate authority cannot do so without appreciating the evidence and assigning proper reasons. Justice Anoop Kumar Dhand sitting at the Jaipur Bench opined that the impugned orders were ‘totally non-speaking orders’ and the …

Jharkhand High Court Orders FIR Against Police Personnel For Assault On Protesting Relatives Of Murdered Bajrang Dal Leader
1 year, 3 months ago

Jharkhand High Court Orders FIR Against Police Personnel For Assault On Protesting Relatives Of Murdered Bajrang Dal Leader

Live Law  

Jharkhand High Court has directed the state police to file a First Information Report against its personnel accused of assaulting the relatives of Kamaldev Giri, a prominent Bajrang Dal leader who was tragically murdered in Chakradharpur last year. This is unfortunate that a citizen has been compelled to move before this Court under Article 226 of the Constitution of India …

'Complaint Against Editors Guild Report Is Govt's Counter-Narrative' : Supreme Court Extends Protection For EGI Members From Manipur Police FIR
1 year, 3 months ago

'Complaint Against Editors Guild Report Is Govt's Counter-Narrative' : Supreme Court Extends Protection For EGI Members From Manipur Police FIR

Live Law  

In the petition challenging FIRs lodged against the members of the Editors Guild of India over a fact-finding report published by them about the ethnic violence in Manipur, the Supreme Court today orally remarked that the complaint filed against the EGI members was "a counter-narrative of the government". At this point, CJI Chandrachud expressed disapproval of the manner in which …

Punjab & Haryana HC slams Punjab police in illegal mining case
1 year, 3 months ago

Punjab & Haryana HC slams Punjab police in illegal mining case

Op India  

On Wednesday, 6th September 2023, the Punjab and Haryana High Court slammed Punjab Police when it stated that police officers appeared to have colluded with individuals involved in illicit mining activities in the Ropar region. The Bench also criticised the police for the “sorry state of affairs” as they seemed to be making efforts to protect the actual culprits “at …

Rajasthan High Court Orders Reinstatement Of BSF Constable Terminated In 2004 For Overstay Of Casual Leave
1 year, 5 months ago

Rajasthan High Court Orders Reinstatement Of BSF Constable Terminated In 2004 For Overstay Of Casual Leave

Live Law  

The Rajasthan High Court at Jaipur on Wednesday set aside the dismissal order of a BSF Constable who was terminated from the service in 2004 on account of over stay of casual leave. While directing the Union Government to reinstate the said constable, the single judge bench comprising Justice Anoop Kumar Dhand observed: “The impugned order dated 08.03.2004 has been …

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 …

Rajasthan High Court Pulls Up Senior Advocate For Seeking ‘Instant’ Hearing For Interim Relief In Plea Seeking Quashing Of FIR
1 year, 5 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 …

Two lawyers move Bombay High Court for case against cops who assaulted them
1 year, 6 months ago

Two lawyers move Bombay High Court for case against cops who assaulted them

India Today  

Two lawyers who were assaulted inside the Antop Hill police station in Mumbai last month have taken their case to the Bombay High Court. Advocates Sadhana Yadav and Harikesh Mishra have filed a plea seeking the registration of an FIR against Senior police officer Nasir Kulkarni and other personnel who were on duty at the time. The petition alleges that …

Rajasthan: Court orders probe against Ashok Gehlot in defamation case
1 year, 8 months ago

Rajasthan: Court orders probe against Ashok Gehlot in defamation case

India TV News  

A court directed the police to investigate a criminal defamation complaint against Rajasthan Chief Minister Ashok Gehlot over his remarks on the alleged Sanjivani co-operative scam by Union Minister Gajendra Singh Shekhawat. Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal directed the Joint Commissioner of Police concerned to "investigate the matter either himself or through an officer not below the rank …

Supreme Court Stays HC Order To Punjab Police To Probe Alleged Illegalities In Chandigarh Police's Arrest Of Dentist
1 year, 9 months ago

Supreme Court Stays HC Order To Punjab Police To Probe Alleged Illegalities In Chandigarh Police's Arrest Of Dentist

Live Law  

The Supreme Court on Friday issued notice on a plea by the union territory of Chandigarh against Punjab and Haryana High Court’s direction to the Punjab police to probe allegations against Chandigarh police of illegalities in the arrest of a city dentist last year. A division bench of Justices AS Bopanna and Hima Kohli also stayed the state high court's …

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court
1 year, 11 months ago

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court

Live Law  

The Supreme Court observed that, in excercise of the power of judicial review, the punishment imposed by disciplinary proceedings can be interfered with only if it is 'strikingly disproportionate'.Even in a case where the punishment is found to be disproportionate to the misconduct committed and proved the matter is to be remitted to the disciplinary authority for imposing. The misconduct …

Kerala HC Issues Show Cause Notice To Former Lakshadweep Magistrate Over Alleged Manipulation Of Evidence In 2015 Case
2 years ago

Kerala HC Issues Show Cause Notice To Former Lakshadweep Magistrate Over Alleged Manipulation Of Evidence In 2015 Case

Live Law  

The Kerala High Court on Monday issued show-cause notice to former Sub Judge/Chief Judicial Magistrate at Amini island in Lakshadweep, asking him to explain why disciplinary proceedings should not be recommended against him for allegedly manipulating evidence of a witness in a 2015 case.Justice P.V. The Kerala High Court on Monday issued show-cause notice to former Sub Judge/Chief Judicial Magistrate …

Rajasthan HC Directs Police Constable Who Slapped Defence Lawyer During His Cross-Examniation To Submit ₹25K With DLSA
2 years, 1 month ago

Rajasthan HC Directs Police Constable Who Slapped Defence Lawyer During His Cross-Examniation To Submit ₹25K With DLSA

Live Law  

The Rajasthan High Court recently directed a police constable, who slapped a defence lawyer during his cross-examination as a witness, to submit Rs. With this, the bench Justice Vijay Bishnoi and Justice Farjand Ali disposed of the criminal contempt petition registered on the basis of a complaint filed by the Additional District Judge, Gulabpura. The case in brief The Additional …

High Court Directs Arunachal DGP To Take Steps For Separating Investigating Wing From Law & Order Police, Operationalise Complaints Authority
2 years, 3 months ago

High Court Directs Arunachal DGP To Take Steps For Separating Investigating Wing From Law & Order Police, Operationalise Complaints Authority

Live Law  

The Gauhati High Court, Itanagar bench, has observed that the public interest in respect of the State of Arunachal Pradesh overwhelmingly requires that immediate effective steps be taken to separate the investigating wing within the police force in the State of Arunachal Pradesh.In this light, a division bench comprising Justices M Bujor Barua and Devashish Baruah has asked the Director. …

Rajasthan High Court Upholds Termination Of Employee Who Obtained Compassionate Appointment By Concealing Criminal Cases Pending Against Him
2 years, 4 months ago

Rajasthan High Court Upholds Termination Of Employee Who Obtained Compassionate Appointment By Concealing Criminal Cases Pending Against Him

Live Law  

The Rajasthan High Court recently upheld termination of an employee who obtained compassionate appointment by concealment of facts. The petitioner was not able to give details of criminal cases pending against him allegedly on account of paucity of space in attestation form. The court observed that the petitioner failed to give due details and therefore, violated Clause-2 of the appointment …

No Need To Pass A Fully Reasoned Order If Cognizance Is Taken On A Police Report: Allahabad High Court
2 years, 5 months ago

No Need To Pass A Fully Reasoned Order If Cognizance Is Taken On A Police Report: Allahabad High Court

Live Law  

The Allahabad High Court has observed that if cognizance has been taken on a police report, then there is no need to pass a fully reasoned order if from the perusal of the cognizance order it appears that the court has applied its mind to the materials on record. The State of Karnataka LL 2021 SC 691, the Court observed …

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. …

'No Harassment In Name Of Interrogation': Rajasthan HC Grants Interim Relief To Man Accused Of Sexual Assault By Ex-Partner A Day Before His Marriage
2 years, 7 months ago

'No Harassment In Name Of Interrogation': Rajasthan HC Grants Interim Relief To Man Accused Of Sexual Assault By Ex-Partner A Day Before His Marriage

Live Law  

The Rajasthan High Court has granted protection from arrest and harassment in the name of interrogation to a man whose ex-partner filed an FIR against him, alleging sexual assault. Ravi Bhansali pointed out that the petitioner and complainant were scheduled to marry on 18th July, 2021 which got postponed on account of the injury which the complainant had purportedly suffered …

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC
2 years, 7 months ago

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC

Live Law  

The Rajasthan High Court observed that medical evidence cannot be doubted, that too, at the stage of framing of charges, where as per the settled law laid down by the Supreme Court, the possibility of acquittal of the accused person are not to be taken into consideration, rather it is to be seen whether prima facie case is made out …

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ
2 years, 8 months ago

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ

Live Law  

The Rajasthan High Court has opined that no counsel can insist a Judge to recuse from hearing a case, even if during the course of hearing, the court has commented on the merits of the case, which in the counsel's opinion are not favourable. Without making any further comment regarding conduct of the petitioner's counsel and deeming it appropriate to …

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