S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court
1 year, 1 month 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, in withdrawal from prosecution. Here, the Public Prosecutor shall not act as a mere postman or a State Government employee following the orders as directed to him by his executive/appointing authority…” the bench sitting at Jodhpur noted since the inalienable duty of the public prosecutor is to assist the court and ensure free trial. The court also did not take lightly the Additional Public Prosecutor's lapse in making the application under Section 311 of CrPC instead of Section 321. “…In the case at hand, the withdrawal was not in the interest of administration of justice and neither was the collected evidence lacking to the extent that would not be enough to sustain charges nor was there any such perilous situation concerning law and order that would make withdrawal from prosecution necessary”, Justice Ali added that a prima facie case was already made out according to the evidence available on record.

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History of this topic

Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC
1 week ago

Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that a writ petition does not ordinarily lie against a charge-sheet issued in disciplinary proceedings unless it was established that the same was issued by an authority that was not competent to initiate the disciplinary proceedings. The bench of Justice Anoop Kumar Dhand opined that charge-sheet could not be interfered with by the Court in …

Not An Isolated Incident But "Well-Orchestrated Racket": Rajasthan High Court Denies Bail To Eight Accused In Teacher Paper Leak Case
2 weeks, 1 day ago

Not An Isolated Incident But "Well-Orchestrated Racket": Rajasthan High Court Denies Bail To Eight Accused In Teacher Paper Leak Case

Live Law  

The Jodhpur bench of the Rajasthan High Court denied bail to all eight accused charged under IPC, Rajasthan Public Examination Act, 1992 and the Rajasthan Public Examination Amendment Act, 2022 in relation to paper leak of the examination for recruitment for Grade II Teachers. Given this evolving nature of the investigation, the premature release of any accused would not only …

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs
3 weeks, 1 day ago

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs

The Hindu  

The High Court of Karnataka on Thursday asked the State government to respond to a PIL petition, which has questioned the legality of the Government Order issued in October 2024 for withdrawing 43 criminal cases, in which former Ministers, former MLAs, and persons belonging to influential organisations were arraigned as accused persons. Serious charges The serious charges under the provisions …

Karnataka HC Issues Notice On PIL Against Govt Order Directing Public Prosecutors To Withdraw Cases Against 'Highly Influential Persons'
3 weeks, 1 day ago

Karnataka HC Issues Notice On PIL Against Govt Order Directing Public Prosecutors To Withdraw Cases Against 'Highly Influential Persons'

Live Law  

The Karnataka High Court on Thursday issued notice on a PIL against a government order directing public prosecutors to withdraw 43 cases against persons accused of various offences including rioting, attempt to murder in breach of Section 321 CrPC, which is stated to include highly influential persons including politicians. As per Section 321 states that the Public Prosecutor or Assistant …

Punjab & Haryana High Court Refuses Pre-Arrest Bail To Man Allegedly Involved In Staging Fake Court Hearing
1 month ago

Punjab & Haryana High Court Refuses Pre-Arrest Bail To Man Allegedly Involved In Staging Fake Court Hearing

Live Law  

The Punjab & Haryana High Court refused to grant anticipatory bail to a man allegedly involved in case of posing as officers of the Central Bureau of Investigation and staging a fake virtual courtroom, with one of them impersonating former CJI DY Chandrachud. In September last year, Textile baron and Chairman of the Vardhman Group, SP Oswal had filed a …

Customs Officers Who Assaulted Complainant To 'Extract Truth' Cannot Be Said To Have Acted Outside Official Duties: Rajasthan High Court
1 month ago

Customs Officers Who Assaulted Complainant To 'Extract Truth' Cannot Be Said To Have Acted Outside Official Duties: Rajasthan High Court

Live Law  

The Rajasthan High Court has set aside criminal proceedings against customs officers who alleged to have committed assault and grievous hurt to the complainant while interrogating him, for the absence of sanction required under Section 197, CrPC. Similarly, in another Apex Court case of State of Orissa v Ganesh Chandra Jew, it was held that, “If in doing his official …

P&H High Court Quashes FIR Against Selected Candidates In Haryana Civil Services Accused Of Being Involved In Favouritism, Corruption Case
1 month, 2 weeks ago

P&H High Court Quashes FIR Against Selected Candidates In Haryana Civil Services Accused Of Being Involved In Favouritism, Corruption Case

Live Law  

The Punjab & Haryana High Court has quashed the FIR and summoning orders under the Prevention of Corruption Act against selected candidates in Haryana Civil Services 2004, accused of being involved in corruption case against the Chairman and Members of the HPSC in selections from the year 2001 to 2004. Shekhawat noted that, ".after the registration of the FIR, the …

Bank Fraud | Punjab & Haryana High Court Grants Bail To Man Booked Under PMLA On Grounds Of Long Incarceration
1 month, 3 weeks ago

Bank Fraud | Punjab & Haryana High Court Grants Bail To Man Booked Under PMLA On Grounds Of Long Incarceration

Live Law  

The Punjab & Haryana High Court has granted bail to the former director of SEL Textiles Limited Neeraj Saluja in a money laundering case, accused of diverting loan amount for purposes other than what it was sanctioned for. "Thus, when further proceedings in pursuance of FIR as well as ECIR have been stayed by a Division Bench of this Court; …

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court
2 months, 1 week ago

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court

Live Law  

The Patna High Court has held that those not charge-sheeted by the police can also be summoned to face trial under Section 319 of the Code of Criminal Procedure India, 1973 if strong and cogent evidence against them surfaces during the trial. Justice Jitendra Kumar, while dismissing the criminal revision petition filed by Draupadi Kunwar and others, observed, “The Court …

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates
2 months, 1 week ago

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition. The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against …

Rajasthan HC Sets Aside Termination Of Govt Employee For Appearing As Dummy Candidate In Exam, Says Charge Wasn't Included In Charge-Sheet
2 months, 2 weeks ago

Rajasthan HC Sets Aside Termination Of Govt Employee For Appearing As Dummy Candidate In Exam, Says Charge Wasn't Included In Charge-Sheet

Live Law  

Rajasthan High Court set aside the order of a District Education Officer wherein the services of a Junior Assistant were terminated based on the fact that the ground on which the Petitioner was terminated was not appearing either in the charge sheet or in the inquiry report. The bench of Justice Dinesh Mehta held that, “In the opinion of this …

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 …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
3 months, 1 week 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, 1 week 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 Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
3 months, 2 weeks ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
3 months, 3 weeks ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law  

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

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 …

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

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'
8 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 …

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court
9 months, 3 weeks ago

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court

Live Law  

Finding that the entire series of events have nexus with each other and the action of petitioner was done in discharge of his official duties, the Rajasthan High Court held that the cognizance for offences under Sections 323 and 504 IPC, taken by the Judicial Magistrate against a public servant, posted as Station House Officer, is unsustainable in law, in …

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

Many Cases Being Adjourned For Want Of State Counsel: Rajasthan High Court Seeks Governor's Intervention
11 months, 2 weeks ago

Many Cases Being Adjourned For Want Of State Counsel: Rajasthan High Court Seeks Governor's Intervention

Live Law  

Recently, Rajasthan High Court has criticized the state government for its lukewarm approach in conducting litigation despite repeatedly drawing the attention of the Chief Secretary and Principal Secretary to the pressing issue of lack of representation. The single-judge bench of Justice Ganesh Ram Meena made the adverse remarks when the State sought additional time for filing a reply to the …

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

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC
1 year, 3 months ago

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC

Live Law  

Rajasthan High Court has recently allowed a third bail application under S.439 CrPC filed by a person accused of providing confidential military information to Pakistan, after elaborately discussing the application of Sections 437 and Section 436A CrPC. Section 437 CrPC stipulates that when the trial for a non-bailable offence before the Magistrate is not concluded within 60 days from the …

Gujarat High Court Refuses To Discharge Former IAS Officer Pradeep Sharma In Land Allotment Case
1 year, 4 months ago

Gujarat High Court Refuses To Discharge Former IAS Officer Pradeep Sharma In Land Allotment Case

Live Law  

The Gujarat High Court refused to exonerate former IAS officer Pradeep Nirankarnath Sharma in a land allotment case, asserting that a prima facie offence existed against him, the trial was in progress with the presentation of evidence, and therefore, it was not appropriate to intervene in the lower courts' orders. The Revisional Court partially granted his appeal, discharging him from …

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses
1 year, 5 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 …

Bihar: Case filed against Rajasthan CM Ashok Gehlot after comments on judiciary
1 year, 6 months ago

Bihar: Case filed against Rajasthan CM Ashok Gehlot after comments on judiciary

India TV News  

Bihar: A criminal case has been registered against Rajasthan Chief Minister Ashok Gehlot in Bihar's Muzaffarpur after his alleged comments on the judiciary. Advocate Sudhir Ojha, who filed the case against Rajasthan CM, said that the entire judiciary and lawyers are hurt by Ashok Gehlot's statement. "I have filed a criminal case against Rajasthan Chief Minister Ashok Gehlot in the …

Misuse Of Govt Vehicle: Punjab & Haryana High Court Stays Removal of Congress Councillor From Morinda Municipal Corporation
1 year, 9 months ago

Misuse Of Govt Vehicle: Punjab & Haryana High Court Stays Removal of Congress Councillor From Morinda Municipal Corporation

Live Law  

The Punjab and Haryana High Court has stayed the notification issued by the Secretary of Punjab Department of Local Bodies, removing Councilor Raj Preet Singh from Municipal Corporation Morinda. While issuing a notice to the respondents in a plea challenging the removal, the bench of Justice Pankaj Jain said, “In the meantime, operation of Annexure P-1 dated 15.06.2023, shall remain …

Accused Can Challenge Trial Court's Rejection Of Prosecution’s Application For Pardon: Punjab & Haryana High Court
1 year, 9 months ago

Accused Can Challenge Trial Court's Rejection Of Prosecution’s Application For Pardon: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently held that an accused has the locus standi to challenge the rejection of an application filed by prosecution under Section 306 CrPC seeking pardon. “An accused does have a right to move an application independently to the trial Court under Section 306 Cr.P.C. While observing that there is sufficient evidence against the accused …

Rajasthan High Court Sets Aside Conviction Of Six In Dacoity Case Over 21 Years After Trial Court Verdict
1 year, 9 months ago

Rajasthan High Court Sets Aside Conviction Of Six In Dacoity Case Over 21 Years After Trial Court Verdict

Live Law  

Nearly 23 years after the case was registered, the Rajasthan High Court recently set aside the conviction under Section 395 of IPC of six accused persons including one deceased person on the ground that the prosecution evidence on record was not sufficient enough to substantiate the charge alleged against the accused persons. The single judge bench of Justice Farjand Ali …

Corruption By Public Servants A ‘Gigantic Problem’, Eroding Confidence Of Common Man In Governance: Rajasthan High Court
1 year, 10 months ago

Corruption By Public Servants A ‘Gigantic Problem’, Eroding Confidence Of Common Man In Governance: Rajasthan High Court

Live Law  

The Rajasthan High Court has dismissed an employee's petition seeking consideration for promotion to the post of Additional Office Superintendent in the Home Department. After promotion to the post of UDC, he was promoted to the post of Assistant Administrative Officer against the vacancies of the year 2020-21 vide order dated 20.07.2020. Thereafter, when the respondent-department initiated the promotion exercise …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
2 years, 1 month ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

Clerk Accused Of Taking ₹150 Bribe Acquitted By Rajasthan High Court After 38 Years
2 years, 1 month ago

Clerk Accused Of Taking ₹150 Bribe Acquitted By Rajasthan High Court After 38 Years

Live Law  

The Rajasthan High Court recently acquitted a clerk of District Transport Office, Sikar who was convicted by the trial court in a bribery case of Rs. Single judge bench of Justice Narendra Singh Dhaddha held: “As per the story of prosecution, Rs.150/- were given by Sultanaram to the appellant but prosecution failed to prove the demand and acceptance of the …

Allahabad HC Allows Public Prosecutor's Application For 'Withdrawal From Prosecution' Against Lone BSP MLA In UP In A Cheating Case
2 years, 1 month ago

Allahabad HC Allows Public Prosecutor's Application For 'Withdrawal From Prosecution' Against Lone BSP MLA In UP In A Cheating Case

Live Law  

The Allahabad High Court on Tuesday allowed an application of the Public Prosecutor's application for 'Withdrawal From Prosecution' as provided under Section 321 CrPC against the lone Bahujan Samaj Party MLA in Uttar Pradesh, Umashankar Singh in connection with a cheating case.The Bench of Justice Dinesh Kumar Singh noted that the concerned Public Prosecutor had not only considered the facts. …

Supreme Court On Corruption (2022)
2 years, 1 month ago

Supreme Court On Corruption (2022)

Live Law  

Prevention of Corruption Act, 1988 - Constitution Bench answers reference on whether circumstantial evidence can be used to prove demand of illegal gratification- In the absence of evidence of the complainant it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13 read with Section 13 of the Act based on …

Bombay High Court Dismisses Petition Challenging Appointment of Complainant's Erstwhile Lawyer As Special Public Prosecutor In Murder Case
2 years, 1 month ago

Bombay High Court Dismisses Petition Challenging Appointment of Complainant's Erstwhile Lawyer As Special Public Prosecutor In Murder Case

Live Law  

The Bombay High Court has upheld the appointment of Ujwala Pawar as Special Public Prosecutor in the trial case related to the murder of Advocate Sambhaji Rajaram in Maharashtra’s Ahmednagar. The bench passed the order on a petition by one Shivaji Take and his son Sharad Take against the Notification dated 30th September 2021 issued by the State appointing Pawar …

Rajasthan Non-Governmental Educational Institutions Act -Prior Approval Of Director Of Education Required To Remove Employee : Supreme Court
2 years, 2 months ago

Rajasthan Non-Governmental Educational Institutions Act -Prior Approval Of Director Of Education Required To Remove Employee : Supreme Court

Live Law  

Interpreting Section 18 of the Rajasthan Non-Governmental Educational Institutions Act, the Supreme Court held that prior approval of Director of Education has to be obtained even in case of termination/removal of an employee of a recognized institution after holding departmental proceedings.In this case, the appellant was terminated from service after conducting a disciplinary proceedings. Interpreting Section 18 of the Rajasthan …

Judicial Service Examination- Practice Questions on First Information Report
2 years, 3 months ago

Judicial Service Examination- Practice Questions on First Information Report

Live Law  

In which of the following Case, a Three Judge Bench of Supreme Court considered the judgment in T. T. Antony and explained that the judgment in the said case does not exclude the registration of a complaint in the nature of counter claim from the purview of the Court? Ram Lal Narang Vs. Om Prakash Narang and Another T.T.Antony Vs …

"Stop Salaries Of Prosecutor, IO Till Witnesses Are Examined": PH High Court Slams Prosecution's 'Casual' Approach In A POCSO Trial
2 years, 6 months ago

"Stop Salaries Of Prosecutor, IO Till Witnesses Are Examined": PH High Court Slams Prosecution's 'Casual' Approach In A POCSO Trial

Live Law  

The Punjab and Haryana High Court recently issued a direction to stop the salary of a public prosecutor and an investigating officer after it noted that the prosecution had been 'casual' in their approach to conducting the trial in a POCSO Case. "Since the Public Prosecutor and the Investigating Officer of the case have not performed their duties with due …

Rajasthan High Court Monthly Digest: July 2022
2 years, 7 months ago

Rajasthan High Court Monthly Digest: July 2022

Live Law  

Nominal Index Sumit Singhal v. State, Through Advocate General, Govt. Rajasthan High Court Grants Bail To Person Accused Of GST Evasion Case Title: Kamal Chand Bothra Versus Union Of India Citation: 2022 LiveLaw 205 Case No. GST Circular Contra To GST Act, Can't Deny The Claim For ITC refund; Rajasthan High Court Case Title: Baker Hughes Asia Pacific Limited Vs …

Whether Prevention Of Corruption Act Can Be Invoked Against A Private Person Alone Requires Consideration: Rajasthan High Court Grants Bail To CA
2 years, 8 months ago

Whether Prevention Of Corruption Act Can Be Invoked Against A Private Person Alone Requires Consideration: Rajasthan High Court Grants Bail To CA

Live Law  

The Rajasthan High Court has said that whether or not the provisions of Prevention of Corruption Act can be invoked against a private person is a question that requires consideration.Observing thus, it granted bail to a Chartered Accountant, who it held is not a public servant, booked under the Act after recovery of Rs. The Rajasthan High Court has said …

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail
2 years, 9 months ago

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail

Live Law  

The Rajasthan High Court has granted bail to a murder accused after hearing his counsel's arguments contending that no one can be arrested simply on the basis of assumption, presumption and perception. The appellant's counsel submitted that there is no eye-witness of the incident and the case of the prosecution is based on circumstantial evidence, however no circumstances are available …

Rajasthan High Court Weekly Round Up: May 16 To May 22 ,2022
2 years, 9 months ago

Rajasthan High Court Weekly Round Up: May 16 To May 22 ,2022

Live Law  

Nominal Index State Of Rajasthan, Through P.P v. Komal Lodha 2022 LiveLaw 164 Simorna v. State of Rajasthan through PP 2022 LiveLaw 165 M/s Vivek Pharmachem Ltd. v. State Of Rajasthan & Anr. Punusumi India Limited 2022 LiveLaw 168 Judgments/ Orders of the Week Case Title: State Of Rajasthan, Through P.P v. Komal Lodha Citation: 2022 LiveLaw 164 The Rajasthan …

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, 10 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 …

Rajasthan HC Asks Public Prosecutor To File Reply Within 2 Weeks In Asaram Bapu's Third Application For Suspension Of Sentences In Minor Rape Case
2 years, 11 months ago

Rajasthan HC Asks Public Prosecutor To File Reply Within 2 Weeks In Asaram Bapu's Third Application For Suspension Of Sentences In Minor Rape Case

Live Law  

The division bench of Rajasthan High Court, Jodhpur has asked the Public Prosecutor to file reply within two weeks in Asaram's third application for suspension of sentences in minor rape case. Justice Sandeep Mehta and Justice Vinit Kumar Mathur, ordered,"Learned Public Prosecutor prays for and is granted time to file reply to this third application for suspension of sentences. Justice …

Supreme Court Slams UP Police, Magistrate Over Arrest & Remand Of Accused Ignoring SC's Bail Order
3 years, 2 months ago

Supreme Court Slams UP Police, Magistrate Over Arrest & Remand Of Accused Ignoring SC's Bail Order

Live Law  

While considering an application filed by Vijay Kumar Sharma, accused in Bike Bot Scam, the Supreme Court today deprecated the conduct of Investigating Officer of the Uttar Pradesh Police and expressed serious reservation in the manner in which the Magistrate proceeded to direct remand despite Top Court's order of directing Sharma's release. "We deprecate the conduct of the Investigating Officer …

MP High Court Orders Inquiry Against Public Prosecutor For Giving Up 'Important' Eye Witness In A Murder Trial
3 years, 4 months ago

MP High Court Orders Inquiry Against Public Prosecutor For Giving Up 'Important' Eye Witness In A Murder Trial

Live Law  

The Madhya Pradesh High Court on Monday directed the Principal Secretary, Law and Legislative Affairs/District Magistrate, Bhind to conduct an inquiry against a Public Prosecutor who gave up an 'important' eye witness/father of the deceased in a murder trial.The Bench of Justice G. S. Ahluwalia has also directed the Public Prosecutor, Bhind to withdraw all the Sessions. The Madhya Pradesh …

Scope And Ambit Of Powers Of Court Under Section 319 CrPC: Supreme Court Summarizes Principles
3 years, 6 months ago

Scope And Ambit Of Powers Of Court Under Section 319 CrPC: Supreme Court Summarizes Principles

Live Law  

The Supreme Court, in a judgment delivered on Tuesday, summarized the scope and ambit of the powers of the Court under Section 319 of the Code of Criminal Procedure.Even in a case where the stage of giving opportunity to the complainant to file a protest petition urging upon the trial Court to summon other persons as well as who were …

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