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1 day, 3 hours ago

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms

Live Law

In a recent judgement, the Jharkhand High Court has reiterated that a conviction and sentence can be based on the testimony of a solitary witness if it inspires confidence and is wholly reliable. Finding weight in the argument advanced on behalf of the appellants, the division bench of Justice Ananda Sen and Justice Gautam Kumar Choudhary observed, “I find weight …

Court Conviction Jharkhand Case Fir Form

3 weeks, 3 days 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 …

Counsel Court Trial Court Appellant Curiae Amicus

3 weeks, 4 days ago

Bengaluru Court Can Try Suit By Resident Manna Dey's Daughter Against 'Defamatory' Bengali Content Published At West Bengal: Karnataka HC

Live Law

For context, Section 19 CPC pertains Suits for compensation for wrongs to person or movables. “ Trial Court committed an error coming to a conclusion that merely because book is sold in Bengaluru, jurisdiction does not arise within this Court and the same is an erroneous approach when the wrong was done in Bengaluru by selling the books and by …

Bengaluru Jurisdiction Trial Court West Bengal Trial Court Bengali

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Live Law

The Supreme Court has set aside the High Court's decision dismissing an objection to a decree on the grounds of misapplication of provisions. The court observed that procedural irregularity cannot defeat substantive rights and that the party in whose favor a substantial right has been generated cannot be denied the enjoyment of the right because of some mistake, negligence, inadvertence, …

Law Jurisprudence Procedural Irregularity Right New Delhi

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Live Law

The Supreme Court has set aside the High Court's decision dismissing an objection to a decree on the grounds of misapplication of provisions. The court observed that procedural irregularity cannot defeat substantive rights and that the party in whose favor a substantial right has been generated cannot be denied the enjoyment of the right because of some mistake, negligence, inadvertence, …

Law Jurisprudence Procedural Irregularity Right of Substantive Nature New Delhi

2 months ago

High Court Rejects Conditional Leave to Defend for Summary Suits

Live Law

The Jammu and Kashmir and Ladakh High Court has reiterated that under Order 37 Rule III of the Civil Procedure Code (CPC), courts retain the discretion to impose conditions on a defendant seeking leave to defend a summary suit. The court emphasized that this discretion is exercised based on the specific facts and circumstances of each case, and upon compliance …

Law Case Law Order 37 CPC Conditional Leave Jammu

4 months ago

Reserved Category Candidate Can Claim General Category Seat Of Horizontal Reservation Based On Merit : Supreme Court

Live Law

The Supreme Court on Tuesday set aside the Madhya Pradesh High Court's order which refused to allow admission of the meritorious reserved category candidates to the unreserved category. The Appellants prayed that the meritorious students of reserved category who have studied in Government Schools must be allotted MBBS seats of unreserved category government school quota before they are released to …

Justice Supreme Court Court Candidates Reservation Reserved Category Appellants

7 months, 1 week ago

No Land Acquisition Compensation Determined For 42 Years : Supreme Court Expresses Disappointment With HC For Not Questioning State

Live Law

The Supreme Court, while deciding a civil appeal, has expressed its disappointment at the Patna High Court's approach, inter alia, for not questioning the State as to why it did not pay compensation to the appellant for forty-two years after acquiring his land. There are many issues arising in this litigation and the High Court should have taken little pains …

Compensation Court Land State High Bench Approach

8 months, 3 weeks ago

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court

Live Law

The Karnataka High Court has set aside an order of the trial court which rejected a petition for anticipatory bail filed by an accused charged under provisions of the Scheduled Castes/Scheduled Tribes Act on the ground that cognizance had already been taken of the complaint. The court said,“The Sessions Judge was not proper in rejecting the petition filed under Section …

Court Bail Judge Accused Appellants Complainant Complaint

9 months, 2 weeks ago

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court

Live Law

The Karnataka High Court has reiterated that if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits. A single judge bench of Justice G Basavaraja allowed the appeal filed by Dhanayya and his legal heirs questioning the judgment and decree dated 04.03.2017 passed by the Senior …

Appeal Counsel Court Order Appellants Kar Order Xli

10 months, 2 weeks ago

Supreme Court Refuses To Set Aside Murder Conviction Merely Because Of Mismatch Between Doctor's Evidence & Ocular Evidence

Live Law

The Supreme Court recently upheld the conviction in a murder case observing that the ocular evidence given by the eye witness can't be discredited merely because the expert opinion supplied by the doctor suggests the use of different weapons in causing injuries.Setting aside the concurrent findings of the High Court and Trial Court, the Bench of Justices Abhay S. Oka …

Family Supreme Court Evidence Court Trial Court Family Members Ipc

1 year ago

S. 307 IPC | 'Simple Injuries, No Repeated Or Severe Blows' : Supreme Court Overturns Conviction For Attempt To Murder

Live Law

The Supreme Court, on November 28), while setting aside the conviction under attempt to murder, gave weightage to two factors. Even the injuries on PW1 and PW2 have been found to be simple in nature, which is an additional point in the appellants’ favour….As such, the conviction under Section 307, IPC is unsustainable.” Imperatively, while doing so, the Court also …

Injuries Supreme Court Court Conviction Victim Accused Ipc

1 year, 2 months ago

Court Can Draw Adverse Inference Against Prosecution For Non-Examination Of Material Witness: Patna High Court Acquits Life Convicts

Live Law

In a significant legal development, the Patna High Court, acquitted the accused persons in a murder case, setting aside their conviction. One of the primary issues before the Court was whether the non-examination of material witnesses, namely Rahul Paswan, Ghamri Ansari, and Sanju Singh, who had assisted the informant in rescuing the deceased from the pond and were alleged to …

Evidence Court Witness Witnesses Prosecution Case Appellants

1 year, 2 months ago

S.149 IPC - Prosecution Must Prove Accused Was Aware Of Offences Likely To Be Committed To Achieve Common Object: Supreme Court

Live Law

The Supreme Court recently emphasized the importance of concrete evidence to establish the common object in cases involving Section 149 of the Indian Penal Code. "To convict a person under Section 149 IPC prosecution has to establish with the help of evidence that firstly, appellants shared a common object and were part of unlawful assembly and secondly, it had to …

Supreme Court Assembly Court Prosecution Appellants Fir Supreme

1 year, 2 months ago

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC

Live Law

The Patna High Court has set aside a 27 year old rioting and murder convictions qua six persons, while underscoring the significance of conducting a thorough and impartial inquiry of the accused as per Section 313 of the Cr.P.C. Therefore, while examining the accused, trial Court should be mindful of the object underlying this provision.” “the non-examination of the Investigating …

Court Prosecution Case Examination Opportunity Accused Appellants

1 year, 3 months ago

Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction

Live Law

The Calcutta High Court recently dismissed an appeal filed by a husband and his brother who were convicted by the trial court under Section 498A and 304B of the IPC, for causing the ‘dowry death’ of the victim, who poisoned herself and her daughter in her matrimonial home. Brief Background The appellants had been convicted by the trial court under …

Death Trial Evidence Court Victim Case 498A

1 year, 4 months ago

Bhima-Koregaon: Bail for 2 activists after 5 yrs

Hindustan Times

The Supreme Court on Friday granted bail to Vernon Gonsalves and Arun Ferreira, ending their nearly five-year-long incarceration on charges of alleged Maoist links in connection with the 2018 Bhima Koregaon violence case. The allegations are serious, no doubt, but for that reason alone, bail cannot be denied to them,” the bench said, setting aside a 2019 Bombay high court …

Supreme Court Court Bail Case Maoist Appellants Act

2 years ago

43 policemen convicted for killing 10 Sikhs in 1991

The Hindu

The Allahabad High Court on Thursday convicted 43 policemen for culpable homicide in a case relating to killing of 10 Sikhs in Pilibhit district of Uttar Pradesh in 1991. “When they saw the terrorists come out from the forest area, they challenged them and all of a sudden, the terrorists opened fire and in retaliation and in self-defence, the appellants …

Court Accused Deceased Terrorists 43 Policemen 10 Sikhs

2 years, 4 months ago

Kerala High Court Directs Regularization Of Its Court Managers As One-Time Measure

Live Law

The Kerala High Court on Monday held that there can be no discrimination between the appointment of Court Managers in the High Court and the District Court, particularly when the same selection procedure is being followed for both.A Division Bench comprising Justices SV Bhatti and Basant Balaji, while holding so, observed that merely because notifications were different for the two …

India Kerala High Court Court Selection Kerala High Court Order

2 years, 5 months ago

Arbitral Award Vitiated By Serious Fraud And Criminal Conspiracy Can Be Set Aside In A Writ Petition: Chhattisgarh High Court

Live Law

The High Court of Chhattisgarh has held that an arbitral award that is vitiated by fraud and criminal conspiracy would be void and non-est and can be set aside in a Writ Petition and the availability of an alternative remedy under Section 34 of the A&C Act is not a bar to the maintainability of the petition. The Court held …

Fraud Court Conspiracy Writ Criminal Conspiracy Appellants Respondent

2 years, 8 months ago

Execution Proceedings Not Maintainable Against Decision Of Court In A Petition Filed Under Section 34 Of The A&C Act: Telangana High Court

Live Law

The Telangana High Court has held that a Civil Court does not have the power to modify an arbitral award in an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award. Constructions filed an Execution Petition before the District Court seeking execution of the order passed modifying the arbitral award under …

Court Appellants District Act Filed Award Petition

3 years, 1 month ago

Injunction Orders Cannot Be Passed Against Third Parties Without Hearing Them: Supreme Court

Live Law

The Supreme Court has held that injunction orders with respect to a suit property cannot be passed in detriment to the interest of third parties who are directly affected by it, without impleading them or giving them an opportunity of being heard. Shah and B.V. Nagarathna set aside the common judgment and order passed by the Karnataka High Court, which …

Property Court Parties Suit Injunction Third Parties

3 years, 1 month ago

Supreme Court Stays Tree Felling For Delhi-Dehradun Expressway Till Nov 26; Asks NGT To Decide Afresh

Live Law

The Supreme Court on Tuesday stayed the felling of trees of the Delhi-Dehradun expressway project till November 26 and directed the National Green Tribunal to decide the validity of the action afresh.A bench comprising Justices DY Chandrachud, Surya Kant and Vikram Nath passed the order in an appeal filed by the NGO 'Citizens For Doon' against the order of National …

Delhi Supreme Court Appeal Court National Order Green

3 years, 5 months ago

Supreme Court Sets Aside MP HC Order To Disburse 1.96 Crore Deposited By Defence Ministry To Land Owners As Compensation

Live Law

The Supreme Court set aside the Madhya Pradesh High Court order that directed the disbursal of the amount of about Rs. 1.96 crore deposited by Defence Ministry with Collector as compensation to land owners.Land owners of about 51.57 acres in Jabalpur had filed the writ petition before the Madhya Pradesh High court alleging that they were being obstructed by the …

Supreme Court Compensation Court Land Order Appellants Owners

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Articles for Appellants, search results for aside

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms

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

Bengaluru Court Can Try Suit By Resident Manna Dey's Daughter Against 'Defamatory' Bengali Content Published At West Bengal: Karnataka HC

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

High Court Rejects Conditional Leave to Defend for Summary Suits

Reserved Category Candidate Can Claim General Category Seat Of Horizontal Reservation Based On Merit : Supreme Court

No Land Acquisition Compensation Determined For 42 Years : Supreme Court Expresses Disappointment With HC For Not Questioning State

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court

Supreme Court Refuses To Set Aside Murder Conviction Merely Because Of Mismatch Between Doctor's Evidence & Ocular Evidence

S. 307 IPC | 'Simple Injuries, No Repeated Or Severe Blows' : Supreme Court Overturns Conviction For Attempt To Murder

Court Can Draw Adverse Inference Against Prosecution For Non-Examination Of Material Witness: Patna High Court Acquits Life Convicts

S.149 IPC - Prosecution Must Prove Accused Was Aware Of Offences Likely To Be Committed To Achieve Common Object: Supreme Court

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC

Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction

Bhima-Koregaon: Bail for 2 activists after 5 yrs

43 policemen convicted for killing 10 Sikhs in 1991

Kerala High Court Directs Regularization Of Its Court Managers As One-Time Measure

Arbitral Award Vitiated By Serious Fraud And Criminal Conspiracy Can Be Set Aside In A Writ Petition: Chhattisgarh High Court

Execution Proceedings Not Maintainable Against Decision Of Court In A Petition Filed Under Section 34 Of The A&C Act: Telangana High Court

Injunction Orders Cannot Be Passed Against Third Parties Without Hearing Them: Supreme Court

Supreme Court Stays Tree Felling For Delhi-Dehradun Expressway Till Nov 26; Asks NGT To Decide Afresh

Supreme Court Sets Aside MP HC Order To Disburse 1.96 Crore Deposited By Defence Ministry To Land Owners As Compensation