Writ Petition Under Article 32 To Quash FIR/Criminal Proceedings Cannot Be Entertained: Supreme Court
2 years, 10 months ago

Writ Petition Under Article 32 To Quash FIR/Criminal Proceedings Cannot Be Entertained: Supreme Court

Live Law  

The Supreme Court observed that a writ petition under Article 32 of the Constitution of India to quash FIR/criminal proceedings cannot be entertained.It is not expected that the relief which can be considered by the High Court under Section 482 Cr.P.C. The Supreme Court observed that a writ petition under Article 32 of the Constitution of India to quash FIR/criminal proceedings cannot be entertained. to be considered by this Court in exercise of powers under Article 32 of the Constitution of India, the Court observed while dismissing a writ petition filed by Gayatri Prasad Prajapati as withdrawn. Headnotes Constitution of India, 1950 - Article 32 - Code of Criminal Procedure, 1973 - Section 482 - Writ Petition, under Article 32 of the Constitution of India, for the relief prayed to quash and set aside the criminal proceedings/FIR ought not to have been filed - It is not expected that the relief which can be considered by the High Court under Section 482 Cr.P.C.

India Supreme Court Writ Petition Constitution Court Writ High Fir Article Petition This Court Observed Quash Considered  supreme  petition  court  constitution  fircriminal  article  quash  observed  high  proceedings  considered  india  writ  32  entertained

History of this topic

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court
6 days, 2 hours ago

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court

Live Law  

The Supreme Court observed that apart from exercising its power to quash a criminal case under Section 482 Cr.P.C., the High Court can also exercise powers under Article 226 of the Constitution to quash the criminal case to prevent misuse of the law. “It is true that normally, quashing of criminal proceedings would be sought and would be done in …

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders
1 month, 1 week ago

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders

Live Law  

The Karnataka High Court on Wednesday quashed proceedings initiated against Karnataka State BJP President B Y Vijayendra in connection with an FIR registered over an allegedly offensive post made on X, by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress. As per the prosecution case on April 19 MCC Nodal officer of Gandhinagar informed the complainant …

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court
5 months, 3 weeks ago

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court

Live Law  

The Delhi High Court has observed that failure to avail alternate remedy on the ground of ongoing settlement process is not a reason for the court to exercise its discretionary power to quash the complaint cases. where it is filed with unexplained delay and laches and in the meantime, the trial has proceeded.” It referred to the Supreme Court case …

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC
6 months, 1 week ago

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC

Live Law  

The Karnataka High Court has held that a petition calling in question the entire proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 would be maintainable before the High Court, not the Sessions Court. The complainant opposed the quashing petition saying that an appeal should be preferred before the Sessions Court under Section 29 …

Writ Petition By Employees Against Air India Not Maintainable After Its Privatisation: Supreme Court
7 months, 3 weeks ago

Writ Petition By Employees Against Air India Not Maintainable After Its Privatisation: Supreme Court

Live Law  

The Supreme Court affirmed the Bombay High Court's order that the writ petitions filed by employees against Air India Limited would no longer be maintainable due to AIL's subsequent privatisation. The judgment orally pronounced by the Bench of Justices BR Gavai and Sandeep Mehta stated: “In wake of discussion made hereinabove, we do not find any reason to take a …

Can Writ Under Article 32 Be Issued Against A Private Individual? Supreme Court To Examine
9 months, 3 weeks ago

Can Writ Under Article 32 Be Issued Against A Private Individual? Supreme Court To Examine

Live Law  

The Supreme Court is set to examine a crucial point for its adjudication: "whether a writ under Article 32 of the Constitution of India can be issued against a private individual and if so under what circumstances an appropriate writ can be issued. To elaborate, On October 11, Y S Jagan Mohan Reddy, the Chief Minister of Andhra Pradesh, wrote …

Judicial Decision Does Not Infringe Fundamental Rights : Supreme Court
10 months, 2 weeks ago

Judicial Decision Does Not Infringe Fundamental Rights : Supreme Court

Live Law  

The Supreme Court recently reiterated the principle that a judicial decision cannot be challenged as infringing fundamental rights.The Court noted that it has been laid down in Naresh Shridhar Mirajkar Vs. State of Maharashtra that "a judicial decision rendered by a Judge of competent jurisdiction in or in relation to a matter brought before him does not infringe a Fundamental …

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC
1 year, 1 month ago

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC

Live Law  

The Punjab & Haryana High Court has quashed FIRs against political leaders booked for allegedly violating a Magistrate'sorder promulgated under Section 144 CrPC in 2020.It was alleged that a group of political leaders, including sitting and former MLAs and ministers of Punjab, violated the orders under Section 144 CrPC enforced in Chandigarh in 2020 to curb COVID-19. The Punjab & …

CJI asks if petitioners want Supreme Court to assess government’s ‘wisdom’ in repealing Article 370
1 year, 4 months ago

CJI asks if petitioners want Supreme Court to assess government’s ‘wisdom’ in repealing Article 370

The Hindu  

The Supreme Court on Thursday appeared unenthusiastic to accept an “invitation” to judicially review the “wisdom” behind the Union government’s decision to abrogate Article 370, which had given a special status to Jammu and Kashmir. ‘Bereft of reasons’ The Chief Justice’s queries came in response to submissions by senior advocate Dushyant Dave that the “whole exercise of abrogation of Article …

Supreme Court hearing on Article 370 abrogation | Day 2
1 year, 5 months ago

Supreme Court hearing on Article 370 abrogation | Day 2

The Hindu  

Senior advocate Kapil Sibal on August 3 argued before the Supreme Court that the Legislature did not have the power to recommend the abrogation of Article 370 as per the provisions of the Jammu & Kashmir Constitution. During the hearing on August 2, Chief Justice of India D.Y Chandrachud enquired as to whether Article 370 was a provision in the …

'Petition Based On Assumption That One Community Is Guilty For Violence' : Supreme Court Turns Down PIL On Manipur
1 year, 5 months ago

'Petition Based On Assumption That One Community Is Guilty For Violence' : Supreme Court Turns Down PIL On Manipur

Live Law  

On Monday, the Supreme Court declined to entertain a Public Interest Litigation relating to Manipur observing that the petition was filed with an assumption that one particular community has to be held liable for the ethnic violence.The bench, consisting of CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, expressed reservations about the plea's broad nature. On Monday, the …

Ensure IOs Are Present In Court When Case Is Taken Up For Hearing: Delhi High Court To Commissioner Of Police
1 year, 7 months ago

Ensure IOs Are Present In Court When Case Is Taken Up For Hearing: Delhi High Court To Commissioner Of Police

Live Law  

The Delhi High Court has asked the Commissioner of Delhi Police to ensure that the investigating officers probing a case are present in court when such a case is taken up for hearing. Expressing displeasure over the failure of an investigating officer in answering certain queries put to him by the court, Justice Rajnish Bhatnagar said:“This has become routine invariable …

Supreme Court Dismisses Abhinav Bharat Congress Plea To Declare That Mistrial Happened In Mahatma Gandhi Assassination Case; Imposes Costs
1 year, 8 months ago

Supreme Court Dismisses Abhinav Bharat Congress Plea To Declare That Mistrial Happened In Mahatma Gandhi Assassination Case; Imposes Costs

Live Law  

On Friday, the Supreme Court was irked by a petition, inter alia, seeking directions to declare that the Bombay Public Security Measures Act, 1948 is ultra vires to the Constitution of India and its application in the Mahatma Gandhi Assassination case, resulted in a mistrial. The petition filed by Abhinav Bharat Congress through its. The petition filed by Abhinav Bharat …

Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court
1 year, 10 months ago

Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court

Live Law  

The Supreme Court has held that a petition filed under Article 32 to challenge a binding judgment passed by the Court is not maintainable.A bench led by Chief Justice of India DY Chandrachud made this observation while dismissing a petition which sought to declare that the judgment in Indore Development Authority vs. Manoharlal was not a good law and overrule …

Section 34 Arbitration Petition Filed In Anticipation Of Approval By Authority Not Valid : Delhi High Court
1 year, 10 months ago

Section 34 Arbitration Petition Filed In Anticipation Of Approval By Authority Not Valid : Delhi High Court

Live Law  

The High Court of Delhi has held that a petition filed under Section 34 of the A&C Act is not a valid filing if it is filed without or in anticipation of the final approval. Few of the defects included were that the petition was not maintainable as per the pecuniary jurisdiction of the High Court, the filing was done …

Plea To Quash S.138 NI Act Conviction Not Maintainable U/S 482 CrPC: Karnataka High Court
1 year, 10 months ago

Plea To Quash S.138 NI Act Conviction Not Maintainable U/S 482 CrPC: Karnataka High Court

Live Law  

The Karnataka High Court has said that a petition filed under Section 482 of the Criminal Procedure Code, seeking to quash conviction handed down to an accused under the Negotiable Instruments Act is not maintainable. Therefore, the High Court can entertain Section 482 of Cr.P.C, if the complaint is dismissed for non-prosecution or dismissed for default under section 256 of …

'Delay In Trial Offends Article 21 Everyday': Orissa HC Expedites Trials Of Alleged ‘Tribal Extremists’ Detained Since 8 Yrs
1 year, 10 months ago

'Delay In Trial Offends Article 21 Everyday': Orissa HC Expedites Trials Of Alleged ‘Tribal Extremists’ Detained Since 8 Yrs

Live Law  

The Orissa High Court has directed trial courts to expedite trials of cases involving three female tribal ladies who have been languishing in jail for over last eight years after being branded as ‘extremists’ by the State. The delay in completing the trial appears un-surmountable and the Petitioners’ right enshrined under Article 21 is offended every day.” Submissions of Parties …

Cannot Invoke Writ Jurisdiction For Registration Of FIR When Alternate Remedy Available: Gujarat High Court
1 year, 11 months ago

Cannot Invoke Writ Jurisdiction For Registration Of FIR When Alternate Remedy Available: Gujarat High Court

Live Law  

The petitioner argued that despite her representations, she could not get the concerned authorities to register an FIR. In its rebuttal, the Respondent State argued that considering the availability of remedies under the Criminal Procedure Code, it is not proper to invoke writ jurisdiction under article 226 of the Constitution. To bolster its argument, the State relied upon the Supreme …

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court
2 years, 1 month ago

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court

Live Law  

The Supreme Court observed that the criminal proceedings can be quashed when the complaint on the basis of which FIR was registered does not disclose any act of the accused or their participation in the commission of crime. They are neither concerned with the registered sale deed dated 4th May, 1977 nor the later sale deed executed in favour of …

"Ignorance Of Law Is No Defence" : Supreme Court Junks A Writ Petition U/Art. 32 Seeking Expeditious Hearing Of A Petition Pending Before Calcutta HC
2 years, 1 month ago

"Ignorance Of Law Is No Defence" : Supreme Court Junks A Writ Petition U/Art. 32 Seeking Expeditious Hearing Of A Petition Pending Before Calcutta HC

Live Law  

"Ignorance of law is no defence", the Supreme Court remarked while dismissing a writ petition seeking directions for expeditious hearing of a petition pending before a High Court.One Nepal Das had approached the Apex Court by filing a writ petition seeking expeditious hearing of petition by the Calcutta High Court. "Ignorance of law is no defence", the Supreme Court remarked …

Cannot Quash FIRs Merely On Basis Of Preliminary Enquiry Report: Tamil Nadu Govt To Madras High Court On SP Velumani's Quashing Petition
2 years, 2 months ago

Cannot Quash FIRs Merely On Basis Of Preliminary Enquiry Report: Tamil Nadu Govt To Madras High Court On SP Velumani's Quashing Petition

Live Law  

On the second day of the hearing of former minister SP Velumani's petitions seeking quashing of the two FIRs alleging irregularity in grant of tenders, the State argued that he cannot rely on the preliminary inquiry report to state that he was innocent.The submission was made by Advocate General R Shunmughasundaram before a division bench of Justice PN Prakash and …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 2 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

Live Law  

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

Section 482 CrPC - Complaint Deserves To Be Quashed If If No Offence Is Made Out By A Careful Reading Of It : Supreme Court
2 years, 4 months ago

Section 482 CrPC - Complaint Deserves To Be Quashed If If No Offence Is Made Out By A Careful Reading Of It : Supreme Court

Live Law  

The Supreme Court reiterated that a criminal complaint has to be quashed if if no offence is made out by a careful reading of the complaint.When the complaint itself disclosed nothing more than a commercial relationship which broke, it is not possible to enlarge the scope of his complaint by merely adding the language used in the text of the …

The Writ Not Maintainable Against An Order Of The Arbitrator Dismissing An Application For Interrogatories: Himachal Pradesh High Court
2 years, 6 months ago

The Writ Not Maintainable Against An Order Of The Arbitrator Dismissing An Application For Interrogatories: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has held that a writ petition would be non-maintainable against an order of the arbitrator dismissing the application for interrogatories. Observation By The Court The Court relied on the judgment of the Hon'ble Supreme Court in SBP & CO. v. Patel Engineering, Deep Industries v. ONGC and Bhaven Construction v. Sardar Sarovar Narmada Nigam Ltd. …

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court
2 years, 7 months ago

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court

Live Law  

The Supreme Court observed that when a clear case is made out for the offences alleged, the criminal proceedings cannot be quashed merely on the ground that "no useful purpose will be served by prolonging the proceedings of the case".The bench comprising Justices MR Shah and BV Nagarathna reiterated that a High Court must pass a speaking and reasoned order …

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates
2 years, 7 months ago

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates

Live Law  

A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli to continue hearing TODAY on the petition challenging the Constitutional validity of Section 124A of Indian Penal Code which deals with the law of Sedition in India.The Supreme Court on Tuesday asked the Central Government why it cannot issue a direction to the …

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates
2 years, 7 months ago

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates

Live Law  

A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli to continue hearing TODAY on the petition challenging the Constitutional validity of Section 124A of Indian Penal Code which deals with the law of Sedition in India.The Supreme Court on Tuesday asked the Central Government why it cannot issue a direction to the …

Pending Litigations Between Parties Can't Be Sole Ground To Quash Criminal Proceedings U/S 482 CrPC: Jharkhand High Court
2 years, 8 months ago

Pending Litigations Between Parties Can't Be Sole Ground To Quash Criminal Proceedings U/S 482 CrPC: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that merely because there is a case and a counter case between the parties or merely because there has been a title suit amongst the parties, the same is not sufficient to quash the criminal proceedings instituted by one of them against the other. The lower court conducted an inquiry in the said protest-cum-complaint …

"There Can Be No Compromise With Dead Man, FIR U/S 306 IPC Can't Be Quashed On Basis Of Compromise": Punjab & Haryana High Court
2 years, 9 months ago

"There Can Be No Compromise With Dead Man, FIR U/S 306 IPC Can't Be Quashed On Basis Of Compromise": Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court on April 1, 2022, dismissed the petition seeking quashing of an FIR under Section 306 IPC on the basis of a compromise.The bench comprising Justice Gurvinder Singh Gill dismissed a petition filed by the petitioners under Section 482 of Cr.P.C. Punjab and Haryana High Court on April 1, 2022, dismissed the petition seeking quashing of …

Supreme Court Dismisses PIL Seeking Quashing Of FIRs Over Use Of Firecrackers During Diwali
2 years, 10 months ago

Supreme Court Dismisses PIL Seeking Quashing Of FIRs Over Use Of Firecrackers During Diwali

Live Law  

The Supreme Court today dismissed a Public Interest Litigation which sought to quash the FIRs filed over the use of firecrackers during Diwali. The petition was filed by Sanjeev Newar and Swati Goel Sharma seeking quashing of FIR's filed by the States for selling or purchasing green crackers during Diwali. Remarking that the aggrieved accused had the liberty to approach …

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court
2 years, 11 months ago

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court

Live Law  

The Supreme Court reiterated that the jurisdiction to quash under Section 482 of Code of Criminal Procedure can be exercised only if no offence is made out on reading the allegations in the FIR as they stand.The allegation of the complainant in this case, was that at the time of the marriage, the mother in law and brother in law …

Accused Can't Use His Power Of Attorney Holder To File Petition U/S 482 To Quash Criminal Proceedings: Delhi High Court
2 years, 11 months ago

Accused Can't Use His Power Of Attorney Holder To File Petition U/S 482 To Quash Criminal Proceedings: Delhi High Court

Live Law  

The Delhi High Court has held that the accused cannot recourse to a third party, such as a Power of Attorney holder, to represent him in criminal proceedings. Accordingly, the Court dismissed a petition under Article 227, Constitution of India read with Section 482, Code of Criminal Procedure 1973, seeking quashing of proceedings through the Petitioner's Representative holding his Special …

S. 482 CrPC| Can't Appreciate Evidence In Quashing Petition: Karnataka High Court Reiterates
2 years, 11 months ago

S. 482 CrPC| Can't Appreciate Evidence In Quashing Petition: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that a Court hearing a petition for quashing of FIR/ charge sheet under Section 482 CrPC cannot appreciate evidence as the same lies within the domain of the trial Court. Justice Sreenivas Harish Kumar said, "It is a settled principle that while deciding the petition under Section 482 of Cr.P.C, evidence cannot be appreciated …

Supreme Court Refuses To Entertain Law Student's Plea In Relation To KSLU Exams & Classes
3 years ago

Supreme Court Refuses To Entertain Law Student's Plea In Relation To KSLU Exams & Classes

Live Law  

On Friday, the Supreme Court dismissed a Writ Petition seeking a declaration that the completion of course in legal education is a fundamental right. Upon hearing the Petitioner-in-person, who is a law student enrolled with the Karnataka State Law University, a Bench comprising Justices Sanjay Kishan Kaul and M.M. At the outset the Petitioner-in-person submitted that the Writ Petition under …

'Ambush PILs' Filed To Preclude Genuine Litigants; Summary Dismissal Of Earlier Article 32 Petition Won't Operate As Res Judicata : Supreme Court
3 years, 1 month ago

'Ambush PILs' Filed To Preclude Genuine Litigants; Summary Dismissal Of Earlier Article 32 Petition Won't Operate As Res Judicata : Supreme Court

Live Law  

The Supreme Court observed that the summary dismissal of an earlier writ petition under Article 32 of the Constitution does not operate as res judicata.There is a trend of poorly pleaded public interest litigations being filed instantly following a disclosure in the media, with a conscious intention to obtain a dismissal from the Court and preclude genuine litigants from approaching …

Supreme Court Refuses To Entertain Ex-Maharashtra Home Minister Anil Deshmukh's Plea Seeking CBI's Preliminary Enquiry Report
3 years, 1 month ago

Supreme Court Refuses To Entertain Ex-Maharashtra Home Minister Anil Deshmukh's Plea Seeking CBI's Preliminary Enquiry Report

Live Law  

On Thursday, the Supreme Court refused to entertain the Writ Petition filed by Anil Deshmukh, former Home Minister of Maharashtra invoking jurisdiction under Article 32 of the Constitution seeking directions to CBI to produce the records including file notings, internal correspondence of preliminary enquiry report, legal opinions and other documents related thereto before the Court. Senior Advocate Kapil Sibal appearing …

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court
3 years, 3 months ago

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court

Live Law  

Observing that an offence of Attempt To Murder will fall under the category of heinous offence, and therefore, has to be treated as a crime against society, the Delhi High Court on Monday refused to quash an FIR registered for an offence under 307/34 IPC. Court's observations At the outset, the Court noted that there was a conflict of opinions …

Can't Create Separate Avenue for Scribes for Quashing of FIRs, Says Supreme Court
3 years, 4 months ago

Can't Create Separate Avenue for Scribes for Quashing of FIRs, Says Supreme Court

News 18  

The Supreme Court Wednesday said it does not want freedom of press to be muzzled or stifled but it cannot create a separate avenue for journalists to approach it directly for quashing of FIRs lodged against them. The apex court stated this while hearing a plea filed by Foundation for Independent Journalism, which publishes digital news portal The Wire', and …

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations In Complaint, Reiterates Supreme Court
3 years, 4 months ago

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations In Complaint, Reiterates Supreme Court

Live Law  

The Supreme Court observed that it is improper to quash criminal proceedings under Section 482 of Criminal Procedure Code when there are serious triable allegations in the complaint.Appreciation of evidence is not permissible at the stage of quashing of proceedings in exercise of powers under Section 482 CrPC, the Supreme Court reiterated while setting aside a High Court judgment.In this. …

Dismissal Of An Earlier Section 482 CrPC Petition Does Not Bar Filing Of Subsequent Petition, If Facts So Justify: Supreme Court
3 years, 6 months ago

Dismissal Of An Earlier Section 482 CrPC Petition Does Not Bar Filing Of Subsequent Petition, If Facts So Justify: Supreme Court

Live Law  

Dismissal of an earlier Section 482 CrPC petition does not bar filing of subsequent petition under Section 482, in case the facts so justify, the Supreme Court reiterated while dismissing a writ petition filed by an IAS Officer.IAS Officer, Vinod Kumar, had approached the Apex Court by filing a writ petition under Article 32 of the Constitution seeking quashing of …

Article 227 Petition Maintainable Against Domestic Violence Act Proceedings : Madras High Court
3 years, 6 months ago

Article 227 Petition Maintainable Against Domestic Violence Act Proceedings : Madras High Court

Live Law  

The Madras High Court has held that a petition under Article 227 of the Constitution is maintainable to seek the quashing of proceedings under the Domestic Violence Act.A single bench of Justice GR Swaminathan held that regardless of whether DV Act proceeding is civil or criminal in nature, powers under Article 227 of the Constitution are available against it.The bench …

Petition Styled As One Under Article 226 Would Not Bar High Court To Exercise Its Jurisdiction Which Otherwise It Possesses: Supreme Court
3 years, 9 months ago

Petition Styled As One Under Article 226 Would Not Bar High Court To Exercise Its Jurisdiction Which Otherwise It Possesses: Supreme Court

Live Law  

The Supreme Court observed that a petition styled as one under Article 226 would not bar the High Court to exercise its jurisdiction which otherwise it possesses under a Statute and/or under Article 227 of the Constitution.In this case, the appellant's contention was that the order of the Wakf Tribunal could not be challenged by way of writ petition before …

Supreme Court Weekly Round Up [March 22 to March 28 2021]
3 years, 9 months ago

Supreme Court Weekly Round Up [March 22 to March 28 2021]

Live Law  

'Structures Of Our Society Created By Males For Males' : Supreme Court Holds Army's Evaluation Criteria To Grant Permanent Commission For Women Officers ArbitraryCase Title : Lt Col Nitisha and othes v Union of India and othersCitation : LL 2021 SC 181A division Bench of the Supreme Court comprising of Justice DY Chandrachud and Justice MR Shah declared that the. …

Supreme Court Issues Notice On Plea Challenging 102nd Constitutional Amendment
3 years, 9 months ago

Supreme Court Issues Notice On Plea Challenging 102nd Constitutional Amendment

Live Law  

The Constitution Bench of the Supreme Court hearing the challenge against Maratha Quota has issued notice in a writ petition challenging 102nd Constitutional Amendment.This writ petition, filed by Shiv Sangram, a political party based in Maharashtra and its leader Vinayakrao T. Mete, is tagged along with Maratha Quota cases.Let formal notice be also issued to the learned Attorney General in. …

Holding Peaceful Processions, Raising Slogans Can't Be An Offence: Himachal Pradesh High Court Quashes FIR Against Lady Advocate
3 years, 10 months ago

Holding Peaceful Processions, Raising Slogans Can't Be An Offence: Himachal Pradesh High Court Quashes FIR Against Lady Advocate

Live Law  

Underlining that holding peaceful processions, raising slogans, would not be and cannot be an offence under India's Constitution, the Himachal Pradesh High Court on Monday quashed an FIR filed against an Advocate under Sections 341, 143, 147, 149, 353, 504, and 506 IPC. The Bench of Justice Anoop Chitkara was hearing the plea of a lady Advocate and member of …

Recording Of Reasons: Approach Of Article 136 Cannot Be Adopted While Deciding Petitions By The High Court Under Article 227 : Supreme Court
3 years, 11 months ago

Recording Of Reasons: Approach Of Article 136 Cannot Be Adopted While Deciding Petitions By The High Court Under Article 227 : Supreme Court

Live Law  

Supreme Court on Monday observed that the approach of Article 136 of the Constitution cannot be adopted while deciding petitions by the High Court under Article 227 of the Constitution of India. A Division Bench of Justice SK Kaul and Justice Hrishikesh Roy made the observation while hearing an appeal filed against order of the Madhya Pradesh High Court under …

'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act
3 years, 11 months ago

'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act

Live Law  

The Karnataka High Court has dismissed a petition filed by a not for profit company named "India Awake for Transparency", challenging an order of the magistrate court dismissing its private complaint seeking directions to Reserve Bank of India to register a case against Wipro founder Azim Premji and others under the Reserve Bank of India Act. Further, it was said …

Supreme Court Weekly Round Up
4 years, 1 month ago

Supreme Court Weekly Round Up

Live Law  

Attorney General Grants Consent For Contempt Action Against Artist Rachita Taneja For Illustrative Tweets Against Supreme CourtThe Attorney General for India, KK Venugopal has granted consent to a law student for initiating contempt of court proceedings against a comic illustrator Rachita Taneja, for her illustrative tweets depicting Supreme Court being hand in glove with the. Attorney General Grants Consent For …

Supreme Court's contrasting views on petitions under Article 32 raise the hackles of experts
4 years, 1 month ago

Supreme Court's contrasting views on petitions under Article 32 raise the hackles of experts

The Hindu  

ON November 16, hearing a habeas corpus petition seeking the release of the Kerala journalist Siddique Kappan, the Chief Justice of India S.A. Bobde said the court was trying to discourage petitions under Article 32. I have never seen an attitude like this.” But in Siddique Kappan’s case, the Chief Justice of India said there was a “spate of petitions” …

Discover Related