Constitution of India, 1950; Article 136 – Supreme Court is not only a court of law but a court of equity, as well -It is not the policy of this Court to entertain special leave petition and grant leave under Article 136 of the Constitution save in those cases where some substantial questions of law …
Practice and Procedure – States/Union Territories have power to change their empanelled Advocates, but while doing so, they must ensure that the Court’s functioning is not adversely affected – States/Union Territories while changing the panel of Advocates to continue the old panel for at least 06 weeks so that the Courts are not forced to …
Sachin Kumar vs State Of Uttarakhand CrA 1843 Of 2024 – Change Of Empanelled Advocates Read More »
Bail – In cases where the accused is a part of the police force and the allegation is that of custodial death, having regard to the overall influence a member of a police force may wield in connection with a case against them pertaining to custodial death, a stricter view is to be taken on …
Ajay Kumar Yadav vs State Of UP SLP(Crl) 9816 Of 2023 – Bail Read More »
Code Of Criminal Procedure, 1973; Section 372,386 – Can High Court reverse acquittal of an accused from a particular charge while considering appeal filed by accused who was convicted under other charges ? In this case, appellant was convicted under Section 302 read with Section 34 of Indian Penal Code – High Court rejected the …
Code Of Civil Procedure, 1908; Order I, Rule 10 – A wrong mention of a Section would not prove fatal for the application for impleadment of a necessary party. [In this case, impleadment application was rejected by the Trial Court and affirmed by the High Court, for the reason that the application was moved under …
Contempt Of Court – Even a lawyer who subscribe his signature to a contemptuous observation is equally guilty for committing contempt of Court – Referred to M. Y. Shareef And Another Vs. The Hon’ble Judges of the High Court of Nagpur And Others [In this case, the petitioners averred in the SLP that they have …
Suman vs State Of Rajasthan SLP(Crl) 3531 Of 2024 – Contempt Of Court Read More »
Defamation Suits Against Journalistic Pieces – Interim Injunctions – The three-fold test of establishing (i) a prima facie case, (ii) balance of convenience and (iii) irreparable loss or harm, for the grant of interim relief is equally applicable to the grant of interim injunctions in defamation suits. However, this test must not be applied mechanically, …
Telangana Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertilizer Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 ; Section …
Code Of Civil Procedure, 1908 ; Order XLIII Rule1 (u) – Suit decreed by Trial Court – First Appellate Court partly allowed appeal and remanded the suit for fresh disposal – HC, allowing an appeal under Clause (u) of Rule 1 of Order XLIII CPC , set aside the order of remand passed by the …
Bail – SLP against order of Orissa HC that imposed a bail condition as follows: The accused shall not be involved in any political activities, directly or indirectly – Setting aside this condition, SC observed: such condition would breach the fundamental rights of the appellant and no such conditions could have been imposed.