Articles for Sufficient Ground

Complete Supreme Court Quarterly Digest 2024- [July To September]
3 weeks, 3 days 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
Unauthorized Absence From Service, Sufficient Ground For Dismissal, Tripura High Court Upheld Employee's Termination
4 weeks, 1 day ago

Unauthorized Absence From Service, Sufficient Ground For Dismissal, Tripura High Court Upheld Employee's Termination

Live Law  

A single judge bench in the High Court of Tripura, composed of Justice T Amarnath Goud ruled that the petitioner's unauthorized absence was a sufficient ground for his termination from the service as he was given sufficient opportunities to respond. Industries Ltd., as well as State of Orissa v. Dr. Binapani Dei and Another cases were also relied upon by …

Court Natural Justice Order Termination Employee Absence Given
Supreme Court Quarterly Criminal Digest 2024 [July - September]
1 month, 1 week 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
Complete Supreme Court Quarterly Digest 2024- [January To March]
6 months, 3 weeks ago

Complete Supreme Court Quarterly Digest 2024- [January To March]

Live Law  

Abuse of Process of Law Special Leave Petitions - Several matters, wherein the special leave petitions are filed either against the order seeking adjournment or the order issuing notices or grant/refusal of interim protections. Darshan Singh v. State of Punjab, 2024 LiveLaw 13 : AIR 2024 SC 627 : 3 SCC 164 Section 319 – Discretionary powers of High Court …

India Karnataka Delhi Supreme Court High Court Board Bihar
Trial Of Warrant Cases Explained By Justice V Ramkumar [Part-2]
7 months ago

Trial Of Warrant Cases Explained By Justice V Ramkumar [Part-2]

Live Law  

S.204: Issue of process – & skipped. S. 247: Evidence for defence -The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of Section 243 shall apply to the case S.248: Acquittal or conviction - If, in any case under this Chapter in which a charge has been framed, the Magistrate …

Kerala Trial Evidence Court Cases Prosecution Charge
Trial Of Warrant Cases Explained By Justice V Ramkumar [Part-2]
7 months ago

Trial Of Warrant Cases Explained By Justice V Ramkumar [Part-2]

Live Law  

S.204: Issue of process – & skipped. S. 247: Evidence for defence -The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of Section 243 shall apply to the case S.248: Acquittal or conviction - If, in any case under this Chapter in which a charge has been framed, the Magistrate …

Kerala Trial Evidence Court Cases Prosecution Charge
Supreme Court Monthly Digest April 2024
7 months, 1 week ago

Supreme Court Monthly Digest April 2024

Live Law  

Citations 2024 LiveLaw 269 to 2024 LiveLaw 339 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Shivani Tyagi v. State of U.P., 2024 LiveLaw 333 Section 439 and National Investigation Agency Act, 2008; Section 21 – Jurisdiction of High Court to entertain Bail application – The jurisdiction …

India Climate Change Karnataka Supreme Court High Court Constitution Judges
Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]
8 months, 2 weeks ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]

Live Law  

Citations 2024 LiveLaw 240 to 2024 LiveLaw 255 Arbitration and Conciliation Act 1996 Arbitration and Conciliation Act 1996; Section 78 – Arbitration clause – Two-Contract Case – When the parties enter into a contract, making a general reference to another contract, such general reference would not have the effect of incorporating the arbitration clause from the referred document into the …

India Kerala Supreme Court Public Order Court Maharashtra Habeas Corpus
S.227 CrPC | Notarised Affidavit By Complainant Not Sufficient To Discharge Accused: Kerala High Court
1 year, 3 months ago

S.227 CrPC | Notarised Affidavit By Complainant Not Sufficient To Discharge Accused: Kerala High Court

Live Law  

The Kerala High Court recently held that a notarised affidavit signed by the de facto complainants exonerating the accused person cannot be taken in isolation to discharge the accused.Justice N. Nagaresh explained that to discharge an accused person under Section 227 of the CrPC, the Court ought to determine if there are sufficient grounds to proceed against them. The Kerala …

Court Kerala High Court Discharge State Accused Complainant Taken
CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court
1 year, 4 months ago

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court

Live Law  

The Kerala High Court has held that the power of a revisional court under Section 397 to 401 of the Criminal Procedure Code, 1973 cannot be equated to that of an Appellate Court. “Unless the finding of the court, whose decision is sought to be revised, is shown to be perverse or untenable in law or is grossly erroneous or …

Court Order Complainant Magistrate Crpc Prima Facie
Sufficient grounds to proceed against Javed Akhtar for criminal intimidation offence: Court on Kangana plaint
1 year, 5 months ago

Sufficient grounds to proceed against Javed Akhtar for criminal intimidation offence: Court on Kangana plaint

India TV News  

A court in Mumbai while issuing summons to lyricist Javed Akhtar in a case filed by actor Kangana Ranaut has held that there was sufficient ground to proceed against him for the offence of criminal intimidation. Kangana Ranaut had filed a complaint against Javed Akhtar for alleged "extortion and criminal intimidation". "…the complainant even though levelled charges for offences punishable …

Court Criminal Kangana Ranaut Extortion Ipc Complaint Akhtar
Diversion Of Gas To Other Generating Stations Not Sufficient Ground To Seek Compensation When PPA Has No Such Provision: Supreme Court
1 year, 9 months ago

Diversion Of Gas To Other Generating Stations Not Sufficient Ground To Seek Compensation When PPA Has No Such Provision: Supreme Court

Live Law  

While affirming the view of the Appellate Tribunal for Electricity, the Supreme Court held that the Electricity Board would not have to indemnify if there was no provision regarding compensation of full fixed charges and actual variable charges in respect of short supply of energy in the Power Purchase Agreement. A Bench of Justices Ajay Rastogi and CT Ravikumar was …

Tamil Nadu Supreme Court Board Electricity Gas Power Charges
Section 204 CrPC - Magistrate's Order Of Issuance Of Process Liable To Be Set Aside If No Reasons Are Given: Supreme Court
2 years, 2 months ago

Section 204 CrPC - Magistrate's Order Of Issuance Of Process Liable To Be Set Aside If No Reasons Are Given: Supreme Court

Live Law  

The Supreme Court observed that an order of issuance of process is liable to be set aside if no reasons are given while coming to the conclusion that there is a prima facie case against the accused.The court made this observation while setting aside a summoning order of a magistrate in a complaint filed under Drugs & Cosmetics Act, 1940. …

Court Order Case Process Accused Set His Mind
Can't Reject Plea U/S 125 CrPC On The Ground That Wife Has Sufficient Means As She Got Money After Selling Property: Allahabad HC
2 years, 7 months ago

Can't Reject Plea U/S 125 CrPC On The Ground That Wife Has Sufficient Means As She Got Money After Selling Property: Allahabad HC

Live Law  

The Allahabad High Court recently observed that a wife doesn't lose her opportunity for grant of maintenance under Section 125 CrPC on the ground that she has sufficient means to maintain herself and her children as she got money after selling the property.With this, the Bench of Justice Brij Raj Singh set aside the judgment and order passed by the …

Children Court Money Maintenance Her Husband Husband Wife
Court says Ranas crossed line of freedom of speech but it may not be sufficient ground for sedition
2 years, 8 months ago

Court says Ranas crossed line of freedom of speech but it may not be sufficient ground for sedition

The Hindu  

While granting bail to independent Member of Parliament Navneet Rana and her husband, MLA Ravi Rana, the court noted: "They have crossed the lines of freedom of speech and expression. The court said, "A citizen has a right to say or write whatever he likes about the government, or its measures, by way of criticism or comments, so long as …

Ipc Sufficient Ground Ranas
Teacher Who Administers Moderate Force On Pupil To Enforce Discipline Without Malicious Intention Can't Be Fastened With Penal Liability : Kerala High Court
2 years, 10 months ago

Teacher Who Administers Moderate Force On Pupil To Enforce Discipline Without Malicious Intention Can't Be Fastened With Penal Liability : Kerala High Court

Live Law  

The Kerala High Court recently held that a teacher who administers a reasonable force on a pupil without any malicious intention to enforce discipline in a classroom should not be fastened with criminal liability. Holding so, Justice Kauser Edappagath discharged a teacher against whom the trial court had framed charges, finding that there was no sufficient ground for proceeding against …

Court Prosecution Kerala High Court Case Force Ground Teacher
Section 202(2) CrPC Inapplicable To Complaints Under Section 138 NI Act In Respect Of The Examination Of Witnesses On Oath: Supreme Court
3 years, 1 month ago

Section 202(2) CrPC Inapplicable To Complaints Under Section 138 NI Act In Respect Of The Examination Of Witnesses On Oath: Supreme Court

Live Law  

The Supreme Court reiterated that the Section 202 CrPC is inapplicable to complaints under Section 138 in respect of the examination of witnesses on oath. "If the Magistrate holds an inquiry himself, it is not compulsory that he should examine witnesses and in suitable cases the Magistrate can examine documents to be satisfied that there are sufficient grounds for proceeding …

Supreme Court Evidence Court Witnesses Case Accused Complainant
SC Order In Dileep Case: Some Pertinent Questions
5 years ago

SC Order In Dileep Case: Some Pertinent Questions

Live Law  

Seminal question which arose for consideration by the apex court in the appeal preferred with special leave against the Order of a single judge of the High Court of Kerala in P.Gopalakrishnan @Dileep Vs. State of Kerala and another was whether the contents of a memory card/ pen- drive would qualify as a document covered by Sec.3 of the Evidence …

Kerala High Court Trial Court Criminal Procedure Memory Prosecution