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In Public Function Matters Like Electricity Supply No Ex Parte Stay Must Be Given, Vacation Plea Must Be Decided Expeditiously: Rajasthan HC
3 weeks, 6 days ago

In Public Function Matters Like Electricity Supply No Ex Parte Stay Must Be Given, Vacation Plea Must Be Decided Expeditiously: Rajasthan HC

Live Law  

The Jaipur bench of the Rajasthan High Court ruled that in matters that affect supply of public services like electricity to the consumers in the State, ordinarily ex-parte interim order ought not to be granted, and even if it was granted, the application for vacating the stay is required to be considered expeditiously. Though the appellants filed an application for …

Vacation Appeal Supply Court Application Order State
'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case
4 months, 3 weeks ago

'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case

Live Law  

The Allahabad High Court on Monday set aside the conviction and acquitted three men who were sentenced to life imprisonment for committing the offence of murder after noting that there were significant contradictions in the statements of eyewitnesses and police witnesses. “Considering the evidence and other material on record in its entirety, we are of the view that the learned …

Court Witnesses Case Statements Appellants Singh Vijay
Court Can Draw Adverse Inference Against Prosecution For Non-Examination Of Material Witness: Patna High Court Acquits Life Convicts
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
Order 39 CPC | Suppression Of Material Facts Detrimental To Grant Of Temporary Injunction: Karnataka High Court
1 year, 4 months ago

Order 39 CPC | Suppression Of Material Facts Detrimental To Grant Of Temporary Injunction: Karnataka High Court

Live Law  

Justice H.P Sandesh added that this discretion should not be exercised when material facts are suppressed before the Trial Court and that any false or misleading information in obtaining such interim relief can be detrimental to the integrity of the judicial process. "The present respondents/plaintiffs have not approached the Court with clean hands and the discretionary relief for granting injunction …

High Court Appeal Trial Court Relief Order Appellants
Mere Possession Of Extremist Literature Not 'Terrorist Activity' Under UAPA; No 'Credible Evidence' Against Vernon & Arun: Supreme Court
1 year, 4 months ago

Mere Possession Of Extremist Literature Not 'Terrorist Activity' Under UAPA; No 'Credible Evidence' Against Vernon & Arun: Supreme Court

Live Law  

Mere possession of literature even if it inspires or propagates violence by itself would neither amount to a ‘terrorist act’ within the meaning of Section 15 of the Unlawful Activities Act, 2002, nor any other offences under Chapters IV and VI of the Act, the Supreme Court of India held while granting bail to Bhima Koregaon-accused and activists Vernon Gonsalves …

Literature Activities Supreme Court Evidence Court Bail Appellants
Prosecution Must Prove 'Last Seen Theory' Connecting Accused With Commission Of Offence Beyond All Reasonable Doubt: Tripura High Court
2 years, 4 months ago

Prosecution Must Prove 'Last Seen Theory' Connecting Accused With Commission Of Offence Beyond All Reasonable Doubt: Tripura High Court

Live Law  

The Tripura High Court has held that it is the prosecution which has to prove the "last seen theory", together with the other connecting circumstances, to show that except the accused, no other person could have committed the alleged offence. The observation came from a division bench of Justice T. Amarnath Goud and Justice Arindham Lodh: "It is the prosecution …

Court Prosecution Appellants Alleged Seen Tripura High Evidences
Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court
2 years, 8 months ago

Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court

Live Law  

The Supreme Court observed that the testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omissions.The bench comprising CJI NV Ramana, Justices Krishna Murari and Hima Kohli also observed that medical evidence adduced by the prosecution has great corroborative value.The court was considering appeals filed against the Patna High Court. The court …

Supreme Court Trial Evidence Witness Criminal Medical Evidence Prosecution
[Section 96 CPC] Strangers Cannot File Appeal Unless They Satisfy The Court That They Are 'Aggrieved Persons': SC [Read Judgment]
4 years, 4 months ago

[Section 96 CPC] Strangers Cannot File Appeal Unless They Satisfy The Court That They Are 'Aggrieved Persons': SC [Read Judgment]

Live Law  

The Supreme Court has observed that strangers cannot be permitted to file an appeal under Section 96 of the Code of Civil Procedure unless he satisfies the Court that he falls within the category of 'aggrieved persons'. They have to demonstrate that they are prejudicially or adversely affected by the decree in question or any of their legal rights stands …

Appeal Judgment Civil Procedure Trial Court Appellants Suit File