Articles for Criminal Proceedings

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials
7 hours, 59 minutes ago

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials

Live Law  

The Allahabad High Court, on Friday, quashed the criminal proceedings initiated by the borrower, Shipra Group, and the Enforcement Directorate against the Indiabulls Group and its officials as arbitral proceedings pursuant to the loan agreements are already underway, a fact which was suppressed by the informant. Observing that the informant had hidden the various proceedings instituted by him in different …

Court Criminal Proceedings Loan High Fir Material Facts Shares
Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index
1 day, 8 hours ago

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index

Live Law  

Advocate Supreme Court deprecates practice of litigant engaging new lawyer to reargue case after court expressed dissatisfaction on merits. Airports Economic Regulatory Authority of India v. Delhi International Airport, 2024 LiveLaw 812 Arbitration and Conciliation Act, 1996 Section 11 - Arbitration Clause in Public Premises Disputes – Applicability of the Public Premises Act, 1971 vis-à-vis the Arbitration and Conciliation Act, …

India Delhi Supreme Court High Court Court Proceedings Bihar Constitution
No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court
1 day, 22 hours ago

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court

Live Law  

While quashing a First Information Report against an accused, the Delhi High Court reiterated that if an accused is found innocent in disciplinary proceedings and the same charges are levelled in the criminal case, then there is no justifiable reason to continue the criminal proceedings. Referring to various decisions of the Supreme Court and the high court Justice Vikas Mahajan …

Disciplinary Proceedings Court Criminal Disciplinary Criminal Proceedings Accused High
Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court
5 days, 5 hours ago

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court

Live Law  

The Kerala High Court has held that remote chance of conviction due to compromise between the accused and the complainant should not serve as a ground to terminate investigation abruptly and to quash the FIR and further proceedings in serious offences involving POSCO Act. The court further said that legal position was comprehensive that criminal proceedings involving very serious offences …

Court Criminal Proceedings Accused Proceedings Fir Act Pocso
Complete Supreme Court Quarterly Digest 2024- [July To September]
1 week, 1 day ago

Complete Supreme Court Quarterly Digest 2024- [July To September]

Live Law  

Advocate All miscellaneous amounts charged by Bar Councils for enrolment are 'enrolment fees'. Karnataka EMTA Coal Mines Ltd. v. Central Bureau of Investigation, 2024 LiveLaw 606 Section 227 – Discharge of accused in criminal cases – When an application for discharge is filed under Section 227, Cr.PC, the Court concerned is bound to disclose the reason, though, not in detail, …

India Karnataka Tamil Nadu Delhi Supreme Court High Court Bihar
Supreme Court To Hear Plea Against HC Ruling That Shouting 'Jai Sriram' Inside Mosque Won't Offend Religious Sentiments
1 week, 2 days ago

Supreme Court To Hear Plea Against HC Ruling That Shouting 'Jai Sriram' Inside Mosque Won't Offend Religious Sentiments

Live Law  

The Supreme Court will hear a challenge against the judgment of the Karnataka High Court dated September 13 whereby, the High Court quashed criminal proceedings against two respondents accused of trespassing in a Mosque and shouting the Hindu religious slogan "Jai Sriram" by observing that "it is un-understandable as to how if someone shouts 'Jai Sriram' it would outrage the …

Religion Supreme Court Court Criminal Religious Sentiments Religious Beliefs Criminal Proceedings
Victim's Right To Participate Is Vital, But Hearing May Not Be Essential in Certain Cases Before Granting Relief: J&K High Court
2 weeks, 2 days ago

Victim's Right To Participate Is Vital, But Hearing May Not Be Essential in Certain Cases Before Granting Relief: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court, while granting interim bail to an accused has emphasised that although a victim has the right to participate in criminal proceedings at all stages, there are instances where hearing the victim may not be necessary before granting relief. In the instant case also, the victim has been made a respondent by the …

High Court Court Bail Victim Criminal Proceedings Relief Right
Supreme Court Issues Notice In Plea Seeking Guidelines Against Manufacturing And Selling Of Fake Pharma Drugs
3 weeks, 2 days ago

Supreme Court Issues Notice In Plea Seeking Guidelines Against Manufacturing And Selling Of Fake Pharma Drugs

Live Law  

The Supreme Court on Friday agreed to consider the issue of lack of procedural guidelines in initiating criminal proceedings against the offence of manufacturing, storing and selling of counterfeited drugs. The petition has been filed by the Indian Pharmaceutical Alliance seeking directions to the Union to frame procedural guidelines to initiate criminal proceedings against persons selling/manufacturing fake drugs and medicines. …

Drugs Criminal Proceedings Cdsco Ipa Seeking Guidelines Plea Seeking Manufacturing Selling
Supreme Court Quarterly Criminal Digest 2024 [July - September]
3 weeks, 5 days ago

Supreme Court Quarterly Criminal Digest 2024 [July - September]

Live Law  

Armed Forces Civilian Killings - FIR and subsequent proceedings quashed due to absence of mandatory sanction under Section 6 of the Armed Forces Act, 1958. Frank Vitus v. Narcotics Control Bureau, 2024 LiveLaw 441 : AIR 2024 SC 3418 : 8 SCC 415 : 2024 CriLJ 3297 Section 437 – Bail – Object of imposing conditions of bail – It …

India Karnataka Tamil Nadu Kerala Delhi Supreme Court High Court
Degree Of Proof In Professional Misconduct Cases Is Higher Than Balance Of Probability, But Not Beyond Reasonable Doubt: Delhi High Court
4 weeks ago

Degree Of Proof In Professional Misconduct Cases Is Higher Than Balance Of Probability, But Not Beyond Reasonable Doubt: Delhi High Court

Live Law  

In relation to disciplinary proceedings involving alleged professional misconduct by a chartered accountant in a complaint filed against the latter 19 years ago, the Delhi High Court said that the degree of proof required is higher than the balance of probabilities, but not as high as the criminal standards of proof beyond reasonable doubt. The chartered accountant had argued that …

India Disciplinary Proceedings Court Misconduct Criminal Proceedings Council High
No Public Interest In Keeping Information Alive On Internet After Quashing Of FIR: Delhi High Court On Right To Be Forgotten
1 month ago

No Public Interest In Keeping Information Alive On Internet After Quashing Of FIR: Delhi High Court On Right To Be Forgotten

Live Law  

Observing that it is important to balance the right to information of public with an individual's right to privacy, the Delhi High Court has said that no public interest can be served by keeping the information alive on the internet after quashing of criminal proceedings.“There is no reason why an individual who has been duly cleared of any guilt by …

Privacy Court Information Internet Criminal Delhi High Court Criminal Proceedings
Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court
1 month ago

Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court

ABP News  

The Supreme Court on Wednesday while quashing a rape case against a man observed that a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. A bench of Justice BV Nagarathna and Justice N Kotiswar Singh quashed the case against man accused of repeatedly raping a woman on the false pretext of marriage …

Relationship Court Criminal Parties Criminal Proceedings Man Case
Third-Party Can File SLP Under Article 136 Against Quashing Of Criminal Proceedings : Supreme Court
1 month ago

Third-Party Can File SLP Under Article 136 Against Quashing Of Criminal Proceedings : Supreme Court

Live Law  

The Supreme Court recently reiterated that a third party can file a Special Leave Petition under Article 136 of the Constitution against the quashing of criminal proceedings.An appeal by a private individual can be entertained, both sparingly and after due vigilance, said the Court relying on the precedents in National Commission for Women v. State of Delhi & Anr. The …

Supreme Court Court Criminal Criminal Proceedings State High Proceedings
Mere Breakup Of Relationship Between Consenting Couple Cannot Result In Criminal Proceedings : Supreme Court
1 month ago

Mere Breakup Of Relationship Between Consenting Couple Cannot Result In Criminal Proceedings : Supreme Court

Live Law  

Observing that the non-materialization of a consensual relationship into marriage cannot be given a criminal color, the Supreme Court today quashed a criminal case against the man accused of repeatedly raping a woman on the false pretext of marriage. “a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. “A review of the …

Relationship Marriage Supreme Court Court Criminal Criminal Proceedings Case
Body Shaming By Sister-In-Law Is Prima Facie Wilful Conduct Affecting Mental Health Of Woman To Attract Cruelty U/S 498A IPC: Kerala HC
1 month ago

Body Shaming By Sister-In-Law Is Prima Facie Wilful Conduct Affecting Mental Health Of Woman To Attract Cruelty U/S 498A IPC: Kerala HC

Live Law  

The Kerala High Court has stated that body shaming of a woman by her sister-in-law would prima facie amount to wilful conduct to cause injury to health of a woman to attract an offence of cruelty under Section 498A of the IPC. The overt acts, at the instance of the petitioner, prima facie to be read as wilful conduct which …

Court Criminal Proceedings Relative 498A Section 498A Ipc Term
Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index
1 month, 1 week ago

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index

Live Law  

Advocate Advocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing. Devendra Kumar Pal v. State of U.P., 2024 LiveLaw 687 Section 401 - Under Section 401 Cr.P.C., the High Court lacks the authority to convert an acquittal into a conviction in revision proceedings. Omkar Ramchandra …

India Karnataka Supreme Court High Court Bihar Constitution Court
Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index
1 month, 1 week ago

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index

Live Law  

Advocate Advocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing. Devendra Kumar Pal v. State of U.P., 2024 LiveLaw 687 Section 401 - Under Section 401 Cr.P.C., the High Court lacks the authority to convert an acquittal into a conviction in revision proceedings. Omkar Ramchandra …

India Karnataka Supreme Court High Court Bihar Constitution Court
Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates
1 month, 2 weeks ago

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Live Law  

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101 of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. He relied on Section 101 …

Kerala Disciplinary Proceedings Court Disciplinary Criminal Proceedings Tribunal State
Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates
1 month, 2 weeks ago

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Live Law  

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101 of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. He relied on Section 101 …

Kerala Disciplinary Proceedings Court Disciplinary Criminal Proceedings Tribunal State
'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
2 months, 3 weeks ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

Supreme Court Court Criminal Allegations Criminal Proceedings Case State
Delhi High Court Refuses To Entertain Writ Seeking Criminal Action Against Packaged Food Manufacturers For Using Excessive 'Added Sugar'
3 months, 1 week ago

Delhi High Court Refuses To Entertain Writ Seeking Criminal Action Against Packaged Food Manufacturers For Using Excessive 'Added Sugar'

Live Law  

The Delhi High Court today refused to entertain a writ petition seeking initiation of criminal proceedings under FSSAI Act against packaged food manufacturers, for using excessive added sugar in their products.Section 41 of the Food Safety and Standards Act, 2006 empowers the Food Safety Officer and Designated Officer to initiate prosecution against violators of the Act and the Rules. The …

Food Safety Court Delhi High Court Criminal Proceedings Act Sugar
Is immunity for the President and Governors absolute? | Explained
4 months, 4 weeks ago

Is immunity for the President and Governors absolute? | Explained

The Hindu  

The story so far: A three-judge Bench headed by the Chief Justice of India D.Y. Chandrachud has impleaded the Union government and sought assistance from the Attorney General of India to decide if a “blanket” immunity granted under Article 361 to the President and Governors, while in office, from criminal proceedings undermines fairness, constitutional morality and violates fundamental rights to …

India Court Criminal Criminal Proceedings State President Governor
Does Article 361 Bar Investigation Against Governor? Supreme Court Seeks AG's Assistance On WB Governor's Immunity In Molestation Case
5 months ago

Does Article 361 Bar Investigation Against Governor? Supreme Court Seeks AG's Assistance On WB Governor's Immunity In Molestation Case

Live Law  

The Supreme Court on Friday sought the assistance of the Attorney General for India in a petition filed by a former woman employee of West Bengal Raj Bhavan challenging the immunity claimed by the State's Governor CV Ananda Bose against the investigation in the molestation complaint levelled by the woman against the Governor.The petitioner contended that the immunity granted. The …

India Supreme Court Constitution Investigation Court West Bengal Criminal Proceedings
Every Breach Of Contract Would Not Amount To Breach Of Trust Or Cheating To Initiate Criminal Proceedings: Kerala High Court
5 months, 2 weeks ago

Every Breach Of Contract Would Not Amount To Breach Of Trust Or Cheating To Initiate Criminal Proceedings: Kerala High Court

Live Law  

The Kerala High Court has held that each and every breach of contract would not amount to breach of trust unless it is shown that there was an intent to cheat and defraud from the very inception. Merely for breach of contract, criminal proceedings would not lie and the remedy in case of breach of trust is to sue for …

Contract Trust Court Criminal Proceedings Breach Petitioners Every Breach