Code Of Criminal Procedure, 1973; Section 436A – Prevention of Money Laundering Act,2002- Section 436A will apply even to a case under the PMLA. But the Court can still deny the relief owing to the ground such as where the trial was delayed at the instance of the accused- Referred to Vijay Madanlal Choudhary Vs. …
Ajay Ajit Peter Kerkar vs Directorate Of Enforcement – S 436A CrPC – PMLA Read More »
Code Of Civil Procedure, 1908; Order VIII Rule 1 –As regards the timeline for filing of written statement in a non-commercial dispute, the unamended Order 8 Rule 1 CPC continues to be directory and does not do away with the inherent discretion of courts to condone certain delays – Referred to Atcom Technologies Ltd. v. …
Shailendra Kumar Sisodiya vs Rani Sisodiya @ Ranjana – CPC – Written Statement Read More »
Practice and Procedure – Summoning of Govt. Officers – In exceptional cases, if the Court finds that the presence of Government Officer is necessary, then at the first instance, such appearance is permitted through video conferencing- Court should also record its reasons as to why the personal presence of the Government Officer in the Court …
State Of West Bengal vs Ganesh Roy – Summoning Of Govt. Officer Read More »
Constitution of India, 1950; Article 226 – Judicial Review- Courts lack the expertise to correct administrative decisions and the intervention of the Courts should be limited to ensuring that the decision-making process is free from arbitrariness, bias, or mala fides. However, the Court cannot scrutinize whether the decision itself is sound or the most appropriate-The …
Waqf Act, 1995; Section 3,32, 83 – Whether Waqf Board has got the original jurisdiction to decide the issue pertaining to Mutawalliship ? HC held that the Waqf Board did not have the jurisdiction – Allowing appeal, SC observed: It is the Waqf Board which has got the jurisdiction and not the Waqf Tribunal – …
SV Cheriyakoya Thangal vs SVP Pookoya – Waqf Act, 1995; Section 3,32, 83 – Mutawalliship Read More »
Code Of Criminal Procedure, 1973; Section 439 – Appeal against cancellation of Bail – Strong criticism of the Hon’ble Chief Minister is not a violation of bail order- only by expressing his strong views about the demolition of the masjid and by demanding release of prisoners, it can be said that the appellant has misused …
A Duraimurugan Pandiyan Sattai @ Duraimurugan vs State – Cancellation Of Bail Read More »
Code Of Criminal Procedure, 1973; Section 406 -In exercise of power conferred under Section 406 of Cr.P.C., this Court would not transfer the investigation of an FIR- It is only when after investigation there is likelihood of causing some prejudice to an accused in the course of trial, that the power under Section 406 of …
Neelima Suri vs State Of Madhya Pradesh – S 406 CrPC – Transfer Investigation Of FIR Read More »
Doctrine of Merger – When this Court refused to grant special leave to appeal, be it even by way of a reasoned order, it will not attract the ‘Doctrine of Merger’. That would be an order where this Court, in the facts and circumstances of the case, declined to exercise its jurisdiction under Article 136 …
Sangita vs State Of Maharashtra – Doctrine of Merger Read More »
Summary: Writ petition seeking a direction to permit transportation of the mortal remains of Hazrat Shah Muhammad Abdul Muqtadir Shah Masood Ahmad (Sufi-Saint) from Dhaka, Bangladesh to Prayagraj, India in accordance with his last and final will- Dismissing the WP, SC observed: It would not be either appropriate or lawful for this Court to direct …
Dargah Hazrat Mulla Syed vs Union of India – Sufi Saint – Mortal Remains Transportation Read More »
Uttar Pradesh Board of Madarsa Education Act 2004 – Appeal against Allahabad HC judgment which had struck down Madrasa Act – Staying the HC judgment, SC observed: In striking down the provisions of the Madarsa Act, the High Court, prima facie, has misconstrued the provisions of the Madarsa Act. The Madarsa Act, per se, does …
Anjum Kadri vs Union Of India -Uttar Pradesh Board of Madarsa Education Act 2004 Read More »