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Articles for Curiae, search results for criminal

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
3 weeks, 2 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 …

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Amicus Curiae Advocates Stringent Conditions For Bail Under Arms Act
1 year, 1 month ago

Amicus Curiae Advocates Stringent Conditions For Bail Under Arms Act

Live Law  

Senior Advocate S Nagamuthu, the amicus curiae in an ongoing suo motu case in the Supreme Court aimed at curbing the proliferation of unlicensed firearms, has suggested making bail provisions under the Arms Act, Explosives Act, and Explosive Substances Act more stringent, akin to those in the Prevention of Money Laundering Act and the Narcotic Drugs and Psychotropic Substances Act. …

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‘Lawyers In Criminal Courts Absolute Necessity, Not Luxury’: Delhi High Court Acquits Man Who Faced Trial Without Any Legal Aid
1 year, 11 months ago

‘Lawyers In Criminal Courts Absolute Necessity, Not Luxury’: Delhi High Court Acquits Man Who Faced Trial Without Any Legal Aid

Live Law  

Calling it a classic case where canons of justice were kept aside by trial court as the accused wasn't provided any effective legal aid, the Delhi High Court has acquitted a man in a case of preparation for committing dacoity. "Considering the overall facts and circumstances of the case, this Court’s judicial conscience does not permit to now remand back …

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Criminal Cases Against MPs/MLAs: Amicus Curiae Seeks Constitution Of Monitoring Committee For CBI, ED & NIA Cases
2 years, 10 months ago

Criminal Cases Against MPs/MLAs: Amicus Curiae Seeks Constitution Of Monitoring Committee For CBI, ED & NIA Cases

Live Law  

The Amicus Curie has informed the Supreme Court that the number of cases pending against MPs/MLAs has increased from 4122 to 4984 in two years, which shows that more and more persons with criminal antecedents are occupying the seats in the Parliament and the State Legislative Assemblies.Senior Advocate Vijay Hansaria, who has been appointed as the Amicus Curie to assist …

Supreme Court High Court Trial High Courts Court Criminal Chief Justice
Ex-Parte Enhancement Of Sentence Illegal; HC Must Appoint Amicus Curiae If Accused Is Not Represented : Supreme Court
3 years ago

Ex-Parte Enhancement Of Sentence Illegal; HC Must Appoint Amicus Curiae If Accused Is Not Represented : Supreme Court

Live Law  

The Supreme Court of India has held that ex parte enhancement of sentence by the High Court is against the statutory mandate of the law under CrPC that provides for an opportunity to show case before enhancement of sentence in criminal revision.A Bench compromising Justice Sanjiv Khanna and Justice Bela Trivedi set aside Madras High Court's order that enhanced the …

Supreme Court Court Criminal Order Opportunity Revision High
UP Govt Withdrew 77 Cases Relating To Muzaffarnagar Riots Without Giving Any Reason: Amicus Curiae Tells Supreme Court
3 years, 3 months ago

UP Govt Withdrew 77 Cases Relating To Muzaffarnagar Riots Without Giving Any Reason: Amicus Curiae Tells Supreme Court

Live Law  

The Supreme Court was today informed that the Uttar Pradesh Government has withdrawn 77 criminal cases, pertaining to the 2013 Muzzafarnagar Riots, without assigning any reasons. Some of these cases pertained to offences punishable with a life term.The development comes in the case concerning speedy disposal of cases against lawmakers, filed by Advocate Ashwini Upadhyay. The development comes in the …

Supreme Court Court Case Cases State Reason Supreme Court Case Section 321
Criminal Appeal Cannot Be Dismissed Merely For Non-Representation Or Default Of Accused' Advocate, Reiterates Supreme Court
3 years, 4 months ago

Criminal Appeal Cannot Be Dismissed Merely For Non-Representation Or Default Of Accused' Advocate, Reiterates Supreme Court

Live Law  

The Supreme Court observed that a court cannot dismiss the appeal filed by an accused merely because of non-representation or default of the advocate for the accused.if the accused does not appear through counsel appointed by him/her, the Court is obliged to proceed with the hearing of the case only after appointing an amicus curiae, the bench of Justices AM …

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No Illegality In Establishing 'Offender Centric' Courts For Trial Of MPs/MLAs: Amicus Curiae Tells Supreme Court [Read Report]
4 years, 1 month ago

No Illegality In Establishing 'Offender Centric' Courts For Trial Of MPs/MLAs: Amicus Curiae Tells Supreme Court [Read Report]

Live Law  

Senior Advocate Vijay Hansaria, Amicus Curiae in the matter concerning expeditious disposal of criminal cases pending against former/sitting legislators, has told the Supreme Court that there is no illegality in designating special Courts for trial of such MPs/MLAs. "In the present case, this Hon'ble Court has directed expeditious trial of criminal cases against MPs/ MLAs by designating Special Courts in …

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