Accused cannot be deprived of Hearing in a Criminal Revision Petition: Supreme Court [Read the Judgment]
10 years, 8 months ago

Accused cannot be deprived of Hearing in a Criminal Revision Petition: Supreme Court [Read the Judgment]

Live Law  

A Supreme Court bench comprising of Justice T.S. Thakur and Justice C. Nagappan in a judgment delivered on Monday, observed that the appellant who is an accused person cannot be deprived of hearing on the face of the express provision contained in Section 401 of the Code and on this ground, setting aside an order of the High Court and remitting the matter.The appeal was filed against an. Thakur and Justice C. Nagappan in a judgment delivered on Monday, observed that the appellant who is an accused person cannot be deprived of hearing on the face of the express provision contained in Section 401 of the Code and on this ground, setting aside an order of the High Court and remitting the matter. Aggrieved by this rejection, a revision petition was filed by Sunil Paswan, in the Patna High Court under Section 397 and 401 of the Code of Criminal Procedure. The High Court in criminal revision did not issue notice to the appellant herein who is accused No.4 in the FIR and without providing an opportunity to him has exercised jurisdiction under Section 401 by directing to proceed in accordance with law treating the protest petition as the complaint, to the prejudice of the appellant herein and hence the impugned order of the High Court is liable to be set aside.

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History of this topic

S.245 CrPC | Mandatory For Magistrate To Record Reasons While Allowing/Rejecting Discharge Petition Of Accused: Orissa High Court
Trending News
5 days, 18 hours ago

S.245 CrPC | Mandatory For Magistrate To Record Reasons While Allowing/Rejecting Discharge Petition Of Accused: Orissa High Court

Live Law  

The Orissa High Court has held that it is mandatory for the Magistrate to record reasons for not only allowing but also for rejecting a discharge petition filed by an accused under Section 245 of the Code of Criminal Procedure. As allowed, the petitioner filed discharge petition again before the trial Court raising all the grounds taken by him before …

No Illegality In Considering S.319 CrPC Application After Trial Based On HC's Revision Order : Supreme Court
2 weeks, 1 day ago

No Illegality In Considering S.319 CrPC Application After Trial Based On HC's Revision Order : Supreme Court

Live Law  

In a key ruling on Section 319 of Cr.P.C., the Supreme Court on Thursday held that while the power to summon an additional accused must be exercised before the trial concludes, if a pre-trial application for summoning is rejected and the High Court, in revision, sets aside the rejection and orders reconsideration, the application cannot be dismissed solely because it …

'Approach HC': Supreme Court Refuses To Entertain Contempt Petition Alleging Illegal Demolition Of Accused Persons' Houses In Gujarat
2 weeks, 5 days ago

'Approach HC': Supreme Court Refuses To Entertain Contempt Petition Alleging Illegal Demolition Of Accused Persons' Houses In Gujarat

Live Law  

The Supreme Court today refused to entertain a petition assailing demolition action stated to have been carried out by Ahmedabad authorities against houses of persons accused of crimes in violation of the Court's November 13 judgment.A bench of Justices BR Gavai and AG Masih passed the order, asking the petitioner, who claimed that the authorities were guilty of contempt of …

Can't Have Two FIRs For Same Accusation, Trial Court Didn't Consider Negative Report Before Cognizance: Rajasthan HC Exonerates Man Of Charges
1 month ago

Can't Have Two FIRs For Same Accusation, Trial Court Didn't Consider Negative Report Before Cognizance: Rajasthan HC Exonerates Man Of Charges

Live Law  

While setting aside charges against a man booked in two FIRs having the same set of accusations, the Jodhpur bench of the Rajasthan High Court reiterated that two cases could not run simultaneously for same set of accusation. The court further observed that trial court while taking cognizance failed to take note of the grounds mentioned in the negative final …

'Raises Concerns About Competence Of Judge': Orissa HC Sets Aside Order In POCSO Case Wrongly Treating Major Accused As 'Juvenile'
1 month ago

'Raises Concerns About Competence Of Judge': Orissa HC Sets Aside Order In POCSO Case Wrongly Treating Major Accused As 'Juvenile'

Live Law  

The Orissa High Court has heavily criticized a Special Court under the Protection of Children from Sexual Offence Act for treating an accused as 'juvenile' and referring the case to Juvenile Justice Board despite having enough materials to suggest that the last act in the 'continuing offence' was committed by the accused much after he attained majority. While reprimanding the …

'Re-evaluation Is Not Permissible In Cases Where Authorities Have Ensured Clarity', Patna High Court
2 months, 1 week ago

'Re-evaluation Is Not Permissible In Cases Where Authorities Have Ensured Clarity', Patna High Court

Live Law  

A Division Bench of the Patna High Court comprising Chief Justice K. Vinod Chandran and Justice Nani Tagia while setting aside a judgment of a Single Judge directing re-evaluation held that in cases related to re-evaluation, the court may permit such re-evaluation or scrutiny only if it is demonstrated very clearly, without any "inferential process of reasoning or by a …

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 …

Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC
2 months, 2 weeks ago

Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC

Live Law  

While setting aside a decision of the trial court taking cognizance of offences including rioting in a protest plea, the Jodhpur bench of the Rajasthan High Court reiterated that it was settled law that while taking cognizance of offence on a protest petition the Magistrate should demonstrate his "disagreement with the police report". Pursuant to a complaint being filed against …

Gujarat HC Calls For Explanation From Judicial Officer Over 'Serious Allegations' On Conduct While Hearing Cheating Case
2 months, 3 weeks ago

Gujarat HC Calls For Explanation From Judicial Officer Over 'Serious Allegations' On Conduct While Hearing Cheating Case

Live Law  

The Gujarat High Court on Monday called for a detailed explanation from a judicial officer–of the rank of a sessions judge, after "prima facie" taking note of a plea making "serious allegations" about the officer's conduct while hearing proceedings in a forgery and cheating case. The order was passed in a plea wherein the petitioner had sought transfer of proceedings …

KCR, Harish Rao get relief as HC suspends lower court’s order allowing revision case against them
2 months, 3 weeks ago

KCR, Harish Rao get relief as HC suspends lower court’s order allowing revision case against them

The Hindu  

Former Chief Minister K. Chandrasekhar Rao of BRS and his former Cabinet colleague T. Harish Rao got relief with the Telangana High Court on Tuesday suspending the order of the Principal Sessions Judge of Jayashankar district allowing a criminal revision petition against them. The judge issued notice to Nagavelli Rajalingamurthy of the district, who filed a private complaint with a …

Findings Of Calcutta HC Cannot Be Challenged Before Courts At Patna After Objections Over Jurisdiction Were Dismissed: Patna High Court
3 months, 2 weeks ago

Findings Of Calcutta HC Cannot Be Challenged Before Courts At Patna After Objections Over Jurisdiction Were Dismissed: Patna High Court

Live Law  

The Patna High Court Bench of Justice Sandeep Kumar has held that the findings of the Calcutta High Court cannot be challenged in the Courts at Patna. Also, the court held that on the question of jurisdiction the Calcutta High Court has already given categorical findings rejecting the objections raised of the petitioner. Thereafter, the court affirmed the findings of …

[Taxation] Passing Order Without Providing Opportunity Of Hearing, Providing Documents Violates Natural Justice: Allahabad HC Reiterates
3 months, 3 weeks ago

[Taxation] Passing Order Without Providing Opportunity Of Hearing, Providing Documents Violates Natural Justice: Allahabad HC Reiterates

Live Law  

While deciding a case relating to Input Tax Credit, the Allahabad High Court has held that a quasi-judicial body must provide an opportunity of hearing to a person before imposing liability on them. The Division Bench comprising Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit held that as per the doctrine of audi alteram partem, such orders cannot be …

High Court Allows Review Petition, Recalls Direction to Respondents to Appoint Petitioner Due to Low Merit
5 months ago

High Court Allows Review Petition, Recalls Direction to Respondents to Appoint Petitioner Due to Low Merit

Live Law  

The Delhi High Court allows a Review Petition filed by the Respondents seeking review of its order directing the Respondent to recall the appointment of a candidate. The Court held that the Respondent was required to issue an appointment letter to the Petitioner as per his respective merit in the respective LDCE, even though the Petitioner was not informed of …

West Bengal Post-Poll Violence : Supreme Court Sets Aside HC Order Transferring Trial Of One Case, Says No Proper Service Of Notice To Accused
7 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 …

O.41 R.27 CPC | Appellate Court Cannot Dispose Of Application For Production Of Additional Evidence Before Final Hearing: Patna High Court
7 months, 3 weeks ago

O.41 R.27 CPC | Appellate Court Cannot Dispose Of Application For Production Of Additional Evidence Before Final Hearing: Patna High Court

Live Law  

The Patna High Court on Thursday observed that it is impermissible for the First Appellate Court to dispose of the application under Order 41 Rule 27 of CPC for the production of additional evidence at the appellate stage during the pre-hearing stage. The Court said that the plea for the production of additional evidence at an appellate stage should be …

Improper To Look At Specific Questions: Patna HC Declines Candidates' Plea To Appear In District Judge Recruitment Mains Exams Due To Wrong Prelims Questions
8 months, 1 week ago

Improper To Look At Specific Questions: Patna HC Declines Candidates' Plea To Appear In District Judge Recruitment Mains Exams Due To Wrong Prelims Questions

Live Law  

The Patna High Court on Friday denied relief to the candidates who appeared in the Bihar District Judges Recruitment Exam wherein the Court's indulgence was sought by the candidates in directing the Selection authority to consider their candidature for the mains examination due to erroneous questions.The candidates approached the High Court against the erroneous. The Patna High Court on Friday …

Second Criminal Revision Petition By Same Person Is Barred But High Court Can Entertain Such Plea U/S 482 CrPC: Punjab & Haryana High Court
8 months, 3 weeks ago

Second Criminal Revision Petition By Same Person Is Barred But High Court Can Entertain Such Plea U/S 482 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has said that the second criminal revision petition by the same person is barred under the Criminal Procedure Code but the High Court can entertain such plea by exercising inherent jurisdiction under Section 482 CrPC.Justice Sumeet Goel observed, "A second criminal revision petition filed by the same person is barred in view of statutory …

[Order VI Rule 17 CPC] Amendment Of Pleadings Permissible After Commencement Of Trial If Necessary For Arriving At A Just Conclusion: Patna High Court
9 months, 1 week ago

[Order VI Rule 17 CPC] Amendment Of Pleadings Permissible After Commencement Of Trial If Necessary For Arriving At A Just Conclusion: Patna High Court

Live Law  

The Patna High Court has held that amendment of pleadings under Order VI Rule 17 of Code of Civil Procedure, 1908 could be allowed even after the commencement of the trial, if the amendments sought are necessary for effective adjudication of controversy between the parties. Justice Arun Kumar Jha was considering the case of the petitioner/plaintiff whose amendment petition was …

Supreme Court refuses to entertain plea for re-polling in Bihar's Munger seat
9 months, 3 weeks ago

Supreme Court refuses to entertain plea for re-polling in Bihar's Munger seat

India Today  

The Supreme Court on Friday refused to entertain a plea seeking re-polling in several booths in Munger constituency in Bihar amid the ongoing Lok Sabha polls. The petitioner, RJD's Lok Sabha candidate Kumari Anita, claimed that booths were taken over and several incidents where people from marginalised castes abstained from voting took place. Being a woman, she could not have …

Jurisdictional Delineation: Power Of Revisional Court Vis-À-Vis Quashing Of FIR
10 months, 3 weeks ago

Jurisdictional Delineation: Power Of Revisional Court Vis-À-Vis Quashing Of FIR

Live Law  

In a significant judgment pronounced recently in the case of Arun P.Gidh v. Chandra Prakash Singh and Ors., a three-judge bench of the Bombay High Court extensively examined the question of revisional court's power to quash an FIR registered pursuant to an order of magistrate under Section 156 Cr.P.C. It can never be inferred that the power of police to …

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench
11 months, 1 week ago

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench

Live Law  

The Bombay High Court held recently that a court in its revisional jurisdiction cannot quash an FIR registered pursuant to the magistrate's order to police under section 156 CrPC to investigate a cognizable offence.A full bench of Justice Revati Mohite-Dere, Justice NJ Jamadar and Justice Sharmila U Deshmukh observed that FIR is a statutory power of the investigating agency and …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Patna High Court Dismisses Writ Petition Challenging GST Registration Cancellation Due to Procedural Lapses
1 year, 1 month ago

Patna High Court Dismisses Writ Petition Challenging GST Registration Cancellation Due to Procedural Lapses

Live Law  

In a recent judgment, the Patna High Court dismissed a writ petition challenging the cancellation of GST registration by the Union of India. In the present case, the Court noted that the order impugned in the appeal was dated 20.01.2021, and an appeal was to be filed on or before 30.06.2022 as permitted by the Supreme Court and if necessary …

Supreme Court nullifying remission orders for convicts in Bilkis Bano case is a course correction
1 year, 1 month ago

Supreme Court nullifying remission orders for convicts in Bilkis Bano case is a course correction

The Hindu  

The apex court order includes a scathing rebuke to the Gujarat government and underscores subversion of judicial process. Instead of filing a review petition before the Supreme Court to say that it was not the appropriate government, the Gujarat government considered the application under its 1992 remission policy, which was cancelled in 2014. The May 2022 order was per incuriam …

All Orders By Court/ Tribunal Including Ex Parte Are Amenable To Writ Jurisdiction U/Art 226 & 227 Of Constitution: Patna HC
1 year, 3 months ago

All Orders By Court/ Tribunal Including Ex Parte Are Amenable To Writ Jurisdiction U/Art 226 & 227 Of Constitution: Patna HC

Live Law  

The Patna High Court has observed that any order or judgment issued by a Court or Tribunal, even if done ex parte, can be subjected to the writ jurisdiction under Articles 226 and 227 of the Constitution. Referring to the Supreme Court's 2020 decision in the case of N. Mohan Vs. R. Madhu, Justice Harish Kumar observed, “The analogy, which …

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint
1 year, 3 months 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 …

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 4 months 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 …

On Rahul Gandhi’s conviction
1 year, 8 months ago

On Rahul Gandhi’s conviction

The Hindu  

The Gujarat High Court verdict on Rahul Gandhi’s criminal revision petition raises pertinent questions on defamation, disqualification and electoral representation law. Earlier judgments on defamation In one of its pioneering pronouncements on defamation law, the Supreme Court in Sahib Singh Mehra versus State of Uttar Pradesh relied on the criteria of identifiability and definitiveness as determinants to fall in the …

Criminal Court Can't Review Its Orders In Garb Of Modification/ Clarification: Sikkim High Court
1 year, 8 months ago

Criminal Court Can't Review Its Orders In Garb Of Modification/ Clarification: Sikkim High Court

Live Law  

The Sikkim High Court has recently asserted that a judgment passed by a criminal court cannot be revised, reopened, or reversed through an application for modification/clarification. A bench comprising Justice Bhaskar Raj Pradhan was hearing an application filed by ED's Joint Director after nearly eight years of passing of the judgment dated 22.09.2015, seeking modification/ clarification. While informing that the …

Patna HC sets aside action against cop who was suspended after liquor recovery
1 year, 10 months ago

Patna HC sets aside action against cop who was suspended after liquor recovery

Hindustan Times  

The Patna high court has set aside the entire disciplinary proceeding against a police inspector, Ajay Kumar, who was put under suspension on the charge of negligence after liquor was recovered from a house under the jurisdiction of his area, on the premise that it was done on “assumption”. Referring to the DGP’s letter, dated November 24, 2020, to all …

SC asks Patna HC to decide plea against caste survey ‘in three days’
1 year, 10 months ago

SC asks Patna HC to decide plea against caste survey ‘in three days’

Hindustan Times  

The Supreme Court on Friday told the Patna high court to immediately take a call on petitions seeking stay of the caste-based survey in the state and decide the matter preferably within three days, even as it was sought to know why the Bihar government was labouring so hard to gather caste data by undertaking a door-to-door survey. With the …

Patna HC says PIL against caste survey ‘maintainable’
1 year, 11 months ago

Patna HC says PIL against caste survey ‘maintainable’

Hindustan Times  

The Patna high court has found a petition challenging the caste-based headcount in Bihar “maintainable” as a public interest litigation and asked the state’s advocate general to respond to queries challenging it, lawyer for the petitioner said. “The court will now examine the decision of the government of Bihar with respect to the caste-based survey and see whether it is …

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer
1 year, 11 months ago

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

Live Law  

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations. In …

Patna High Court Quashes Order Setting Aside PDS Shop Allotment, Rules In Favour Of Petitioner With Higher Qualification In Computer Knowledge
2 years ago

Patna High Court Quashes Order Setting Aside PDS Shop Allotment, Rules In Favour Of Petitioner With Higher Qualification In Computer Knowledge

Live Law  

In a recent order passed by the Patna High Court, the Secretary's decision to set aside the allotment of a PDS shop to the Petitioner and award it to another candidate has been quashed and set aside. which is a higher qualification in computer knowledge.” The court was of the view that the question of examining the other highest qualification …

Madras High Court Issues Guidelines For Extending Limitation Period In Criminal Cases
2 years ago

Madras High Court Issues Guidelines For Extending Limitation Period In Criminal Cases

Live Law  

While criticising the manner in which the prosecution had failed to file an application for the extension of limitation while dealing with the FIR related to sexual harassment charges against self styled Godman Shiva Sankar baba, the Madras High Court has laid down certain guidelines with respect to extension of limitation in such cases. The Criminal Revision Petition was filed …

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
2 years, 1 month ago

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

Live Law  

The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the …

A questionable refusal: The Hindu Editorial on the Supreme Court’s dismissal of Bilkis Bano’s review plea
2 years, 3 months ago

A questionable refusal: The Hindu Editorial on the Supreme Court’s dismissal of Bilkis Bano’s review plea

The Hindu  

It is a matter of concern that the Supreme Court has declined to review its May 2022 order holding that the Gujarat government is the “appropriate government” to decide on the premature release of 11 convicts serving life terms in the Bilkis Bano gang-rape case, which also involved the gruesome murder of several others. The case, which arose from one …

Legal Heirs Can Substitute Complainant In Complaint Cases & Pursue Prosecution Upon His Death: Orissa High Court
2 years, 6 months ago

Legal Heirs Can Substitute Complainant In Complaint Cases & Pursue Prosecution Upon His Death: Orissa High Court

Live Law  

In a landmark decision, the Orissa High Court has ruled that legal heirs of a complainant, where a criminal case is instituted upon complaint, can substitute him upon his death and pursue the case on his/her behalf. A Single Judge Bench of Justice Sashikanta Mishra held, "…notwithstanding absence of a specific provision, the statutory intent of the provisions of the …

Order Passed By High Court, Recording Consent Of Parties To Appoint A Specified Arbitrator, Is Not An Order 'Appointing An Arbitrator': Patna High Court
2 years, 6 months ago

Order Passed By High Court, Recording Consent Of Parties To Appoint A Specified Arbitrator, Is Not An Order 'Appointing An Arbitrator': Patna High Court

Live Law  

The Patna High Court has ruled that the order passed by the High Court in a writ petition, recording the consent of the parties to appoint a specified Arbitrator while referring them to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, cannot be said to be an order appointing an Arbitrator. Subsequently, the petitioner filed a petition …

J&K&L High Court Reopens 2003 Nadimarg Massacre Case, Says Court Has Jurisdiction To Recall Order Which Is A "Nullity" In Law
2 years, 6 months ago

J&K&L High Court Reopens 2003 Nadimarg Massacre Case, Says Court Has Jurisdiction To Recall Order Which Is A "Nullity" In Law

Live Law  

The Jammu and Kashmir and Ladakh has ordered the reopening of the infamous Nadimarg Massacre Case, after a decade, by recalling an order dated December 21, 2011 whereby the criminal revision petition in the matter was dismissed. It remarked, "A criminal revision petition cannot be dismissed for non-prosecution.this Court does have jurisdiction to recall an order which is a nullity …

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court
2 years, 7 months ago

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court

Live Law  

The Patna High Court recently observed that victim of a crime has absolute right to prefer an appeal against the order of acquittal and is not required to even seek leave to appeal, unlike a complainant. The observation came from a division bench of Justice Khatim Reza and Justice Chakradhari Sharan Singh: "A victim has absolute right to prefer an …

No Remedy Under Article 227 For Orders Revisable U/S 115 CPC: Kerala High Court
2 years, 7 months ago

No Remedy Under Article 227 For Orders Revisable U/S 115 CPC: Kerala High Court

Live Law  

The Kerala High Court recently held that an Original Petition filed under Article 227 of the Constitution is not the remedy in relation to an order which is revisable under Section 115 of the Civil Procedure Code. The Court in this case considered three questions to be of seminal importance: firstly, which orders are revisable under Section 115 of CPC; …

S.226 - 228 CrPC Meant To Ensure Expeditious Disposal Of Criminal Case, Parties Must Not Indulge In Dilatory Tactics: Gujarat High Court
2 years, 7 months ago

S.226 - 228 CrPC Meant To Ensure Expeditious Disposal Of Criminal Case, Parties Must Not Indulge In Dilatory Tactics: Gujarat High Court

Live Law  

The Gujarat High Court has recently dismissed a revision petition seeking reconsideration of application filed by Petitioner-Accused under Section 227 CrPC for discharge from a murder and assault case. The Bench comprising Justice Samir Dave noted that the charge and framing of charge have been deferred time and again due to several applications moved by the petitioner along with co-accused …

Application For Further Investigation Can Be Filed Even After Commencement Of Trial: Madras High Court
2 years, 8 months ago

Application For Further Investigation Can Be Filed Even After Commencement Of Trial: Madras High Court

Live Law  

While allowing a revision of the order of the Judicial Magistrate rejecting the application for further investigation, the Madras High Court recently observed that an application for further investigation can be made even after the commencement of trial. Justice Bharatha Chakravarthy observed as under: Section 173 of Cr.P.C., does not place any fetter on the Police to conduct further investigation …

Claim Petition Without Verification, Writ Not Maintainable Against An Order Dismissal Of Claim : Gujarat High Court
2 years, 9 months ago

Claim Petition Without Verification, Writ Not Maintainable Against An Order Dismissal Of Claim : Gujarat High Court

Live Law  

The High Court of Gujarat has held that a writ petition would not be maintainable against an order of the arbitral tribunal whereby it has rejected the claim of a party on the ground that its pleadings were without verification and affidavit to that effect. The Court held that on a harmonious reading of Section 2 with provisions of Section …

Trial Courts Should Not Pass Decree/ Orders Merely On Memo Filed By Counsels Conceding Substantive Rights Of Parties: Madras High Court
2 years, 9 months ago

Trial Courts Should Not Pass Decree/ Orders Merely On Memo Filed By Counsels Conceding Substantive Rights Of Parties: Madras High Court

Live Law  

The Madras High Court recently observed that trial courts should refrain from acting solely on memo filed by the counsel of the party conceding the substantive right of the party viz-a-viz the subject matter of the suit, or right of defence, for passing any non-adjudicatory decree or appealable orders.Justice N Seshasayee observed that though there is not a complete ban …

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court
2 years, 9 months ago

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court

Live Law  

In a landmark decision, the Orissa High Court has held that honourable exoneration in departmental proceedings would warrant quashment of criminal prosecution which emanated from the same set of facts. While quashing criminal charges against the petitioner, a Single Judge Bench of Chief Justice Dr. S. Muralidhar held, "…in the facts and circumstances of the present case where on the …

Revisional Jurisdiction Is Not Meant To Test The Waters Of What Might Happen In The Trial: Delhi High Court
2 years, 10 months ago

Revisional Jurisdiction Is Not Meant To Test The Waters Of What Might Happen In The Trial: Delhi High Court

Live Law  

Delhi High Court recently observed that revisional jurisdiction is not meant to test the waters of what might happen in the trial. The observation came from Justice Chandra Dhari Singh who also said that the revisional Court has to consider the correctness, legality or propriety of any finding inter se an order and as to the regularity of the proceedings …

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint
3 years ago

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint

Live Law  

Affirming the Trial Court's decision of dismissing a private complaint on the ground that the dispute was of civil nature, the Gujarat High Court has observed that the Trial Court had duly followed the procedure under Section 203 of the Code of Criminal Procedure. The Bench comprising Justice Vipul Pancholi was hearing a petition under Art 227 wherein the Petitioner …

Strong Evidence Is Needed Than The Mere Probability, To Prima Facie Show The Involvement Of Persons : Gauhati High Court
3 years, 1 month ago

Strong Evidence Is Needed Than The Mere Probability, To Prima Facie Show The Involvement Of Persons : Gauhati High Court

Live Law  

The Gauhati High Court has dismissed a revision petition challenging an order of the learned trial court which rejected the prayer of the petitioner to invoke section 319 CrPC to summon few persons as additional accused to face the trial. The High Court held that the power of the trial court to summon any person as an accused to face …

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