12 August 2024

Search Results for Tag : Discharge

Notifications & Circulars

Standard operating procedures for discharge of bonds executed by nominated agencies/banks under Notification No. 57/2000-Customs dated 08.05.2000(08.08.2018)

1.References have been received from the exporter associations that there is an inordinate delay in release of bonds executed by the nominated agencie.....

Tags : Bonds, Discharge, Procedure

Advance Discharge Voucher(12.07.2016)

The Insurance Regulatory Authority of India tightened instructions for life insurers that issue advance discharge vouchers.

It now require.....

Tags : Advance discharge, life insurance, payment

International Cases

Admissibility and weight to be given to a previous consistent statement is a legal issue, not a factual one(06.05.2024)

The Respondent was arraigned in the high court on charges of corruption. The State alleged that, the Respondent had committed the crime of ‘corrupt ac.....

Tags : Corrupt activities, Discharge order, Legality

News

Kerala HC Orders Discharge of Patient Held Hostage by Hospital Over Non-Payment of Bills(26.10.2020)

Kerala High Court has ordered the Hospital, accused of not discharging the patient due to non-payment of medical bills, to immediately discharge the p.....

Tags : Kerala High Court, Discharge of Patient

SC: Discharge Plea Cannot be Discarded Just because HC had Earlier Refused to Quash Proceedings(05.11.2019)

Supreme Court has observed that a trial Court cannot refuse to consider the application for discharge filed by an Accused merely because his earlier a.....

Tags : SC, Discharge Plea

SC: Failure of Accused to Discharge Burden Not Relevant in Case Governed by Circumstantial Evidence(16.09.2021)

Supreme Court has observed that the failure of accused to discharge burden under Section 106 of the Evidence Act, 1872 is not relevant in a case gover.....

Tags : Supreme Court, Failure of Accused to Discharge Burden

Tripura HC Discharges Machinery Due to Expiry of E-Way Bill on Undertaking(27.08.2021)

Tripura High Court has released the Machinery detained due to the expiry of the E-Way bill on an undertaking stating that if any tax or Penalty is cry.....

Tags : Tripura High Court, Discharge of Machinery Due to Expiry of E-Way Bill

SC: Acquittal by Court Doesn’t Lead to Automatic Discharge in Disciplinary Proceedings(06.10.2023)

Supreme Court has held that acquittal in criminal proceedings does not entitle the delinquent employee for any benefit in the latter or automatic disc.....

Tags : Supreme Court, Disciplinary Proceedings, Discharge

SC: Court Can Only Look Into Prima Facie Case & Decide if Prosecution Case is Groundless(06.09.2022)

Supreme Court while explaining the scope of exercise of power to discharge an accused under Section 239 of CrPC, has held that only consideration at t.....

Tags : Supreme Court, Discharge, Groundless

SC Expresses Reservation with Precedent Limiting Scope of High Courts in Deciding Discharge Appln(30.11.2023)

Supreme Court has expressed reservations with the precedent in Minakshi Bala v. Sudhir Kumar (MANU/SC/0702/1994), which limited/restricted the scope o.....

Tags : Supreme Court, Discharge Application, Precedent

Apex Court: Defence of Accused Cannot be Looked Into While Considering his Discharge Petition(08.01.2020)

Apex Court has observed that defence of the Accused cannot be looked into at the stage when the Accused seeks to be discharged under Section 227 of Co.....

Tags : Apex Court, Discharge Petition

Orissa HC Refuses to Discharge Ex-AG Ashok Mohanty in Case Linked With Artha Tatwa Scam(31.10.2022)

Orissa High Court has denied relief to former Orissa Advocate General (AG) Ashok Mohanty, by rejecting his revision petition against Trial Court order.....

Tags : Orissa High Court, Discharge, Artha Tatwa Scam

Rajasthan HC Directs ICMR to Brief Hospitals to Discharge Completely Cured Corona Affected Patients(25.03.2020)

Rajasthan High Court has asked the Director of the Indian Council of Medical Research (ICMR) to pass necessary instructions to all medical and health .....

Tags : Rajasthan High Court, Discharge of Corona Affected Patients

NGT Directs UP Chief Secretary to Comply with Orders on Discharge of Untreated Sewage(22.03.2021)

National Green Tribunal has asked Uttar Pradesh Chief Secretary to comply with Tribunal's previous orders to evolve mechanism to deal with discharge o.....

Tags : National Green Tribunal, Discharge of Untreated Sewage

Calcutta High Court: Magistrate Has to Record Reasons While Discharging Accused(04.02.2022)

Calcutta High Court has held that a Magistrate while discharging an accused under Section 245(2) of Code of Criminal Procedure, 1973 has to record rea.....

Tags : Calcutta High Court, Discharge of Accused

Bom. HC: Informant Is Entitled to Opportunity of Hearing in Discharge Application of Accused(08.12.2022)

Bombay High Court has held that first informant has a right to opportunity of hearing in the discharge application filed by the accused before the Cou.....

Tags : Bombay High Court, Discharge Application, Informant

SC: Accused's Plea on Applicability of S. 300 CrPC Has to be Considered at Discharge Stage(13.12.2022)

Supreme Court has held that the accused's plea on applicability of Section 300 CrPC has to be considered at the stage of discharge under Section 227 C.....

Tags : Supreme Court, Discharge Stage, Section 300 CrPC

Gujarat HC Declines Permission to Reconnect Sewer Lines for Discharge of Industrial Effluents(14.02.2022)

Gujarat High Court has stressed the significance of effluent management in the textile industries discharging wastewater in the Sabarmati River, empha.....

Tags : Gujarat High Court, Discharge of Industrial Effluents

Delhi High Court Seeks Data from All Hospitals on Discharge of Covid Patients(03.05.2021)

Delhi High Court has directed all hospitals in the city to submit data from 1st April, 2021 onwards, of all beds that have been occupied for more than.....

Tags : Delhi High Court, Discharge of Covid Patients

Allahabad HC: In Application for Discharge, Court Only to See Prima Facie Case Made Out(15.03.2022)

Allahabad High Court has reiterated that while dealing with an application for discharge under Section, the Court is required to only see whether a pr.....

Tags : Allahabad High Court, Application for Discharge

Del. HC Partially Allows Plea Against Discharge of Sharjeel Imam & Others in Jamia Violence Case(28.03.2023)

Delhi High Court while partially allowing petition against discharge of Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and eight others in Jamia viol.....

Tags : Delhi High Court, Discharge, Sharjeel Imam, Jamia Violence Case, Violent Speeches

P&H HC: Protective Shield of Law to be Extended to Public Servants to Enable Discharge of Duty(11.08.2020)

Punjab and Haryana High Court has observed that the "protective shield of law" has to be extended to public servants to enable them to effectively dis.....

Tags : Punjab and Haryana High Court, Public Servants, Discharge of Duty

Gauhati HC Admits NIA's Appeal Against Discharge of Assam MLA Akhil Gogoi in Chandmari Case(16.07.2021)

Gauhati High Court has admitted National Investigating Agency's appeal against the order of the Special NIA Court discharging him of all the charges i.....

Tags : Gauhati High Court, Discharge of Assam MLA Akhil Gogoi

Mumbai Court: Woman Groped on Street Can't be Prosecuted as Participant to Crime(12.04.2023)

Mumbai Sessions Court while upholding discharge of Shilpa Shetty in a 2007 obscenity case has observed that a woman being groped on the street can’t n.....

Tags : Mumbai Sessions Court, Obscenity, Shilpa Shetty, Discharge

Mumbai Court: Woman Groped on Street Can't be Prosecuted as Participant to Crime(12.04.2023)

Mumbai Sessions Court while upholding discharge of Shilpa Shetty in a 2007 obscenity case has observed that a woman being groped on the street can’t n.....

Tags : Mumbai Sessions Court, Obscenity, Shilpa Shetty, Discharge

SC Issues Notice to IT Dept on DK Shivakumar's Plea for Discharge from Tax Evasion Charges(21.07.2020)

Supreme Court has issued notice to the Income Tax Department in a plea filed by Karnataka Congress President, DK Shivakumar, urging the removal of cha.....

Tags : Supreme Court, Discharge from Tax Evasion Charges

SC: Dispute regarding Discharge of Contract is Arbitrable as per Arbitration Agreement(22.07.2024)

SC has observed that once contract has been discharged by performance, no right to seek performance, or to perform any obligation remains under it but.....

Tags : Supreme Court, Arbitration Agreement, Discharge of Contract

Delhi Court Upholds Order Discharging Arvind Kejriwal, Manish Sisodia and Others in Assault Case(09.06.2022)

Delhi Court has dismissed the revision petition filed by Former Delhi Chief Secretary Anshu Prakash challenging the order discharging Chief Minister A.....

Tags : Delhi Court, Assualt, Discharge

SC: S. 216 of CrPC Doesn’t Give Right to Accused to File Fresh Application Seeking Discharge(30.08.2024)

Supreme Court has held that Section 216 of CrPC does not give any right to the accused to file a fresh application seeking his discharge after the cha.....

Tags : Supreme Court, Discharge, S. 216 of CrPC, s. 217 of CrPC

SC Stays Coercive Steps by NGT Over Discharge of Untreated Waste into Water Bodies(16.08.2021)

Supreme Court has stayed any coercive steps by the National Green Tribunal against the Municipal Commissioner or Municipal Corporation of Greater Mumb.....

Tags : Supreme Court, Discharge of Untreated Waste into Water Bodies

Madras HC: No Court Order Required to Decide Internal Issue of Designated Committee(08.07.2022)

Madras High Court while directing Sabka Vishwas Scheme Designated Committee to issue discharge certificate in Form-4, has held that no Court order is .....

Tags : Madras High Court, Designated Committee, Discharge Certificate

Judgments

It is not necessary to go into the merits of the case at the stage of framing the charge(07.08.2017)

By present revision, under Section 397 of Code of Criminal Procedure, 1973, Petitioner/State of Goa has challenged the legality of impugned order of d.....

Tags : Insult, Caste, Discharge, Legality

Court cannot draw adverse inference against accused by invoking Section 106 of Evidence Act unless basic burden to prove the case is discharged by prosecution(15.01.2018)

The Appellant has assailed the judgment of conviction awarded by the Sessions Judge, for the offence punishable under Section 302 of the Indian Penal .....

Tags : Conviction, Validity, Burden, Discharge

Waiver of imprisonment in lieu of payment of additional compensation is permissible, though under exceptional circumstances(10.10.2018)

In present matter, the original complainant instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act') against the Petit.....

Tags : Liability, Discharge, Sentence, Legality

Accused is entitled to get discharge, if there is no material on record to attract ingredients of offences alleged(29.10.2018)

The Petitioner herein has filed Petition under Section 227 of Code of Criminal Procedure, 1973 (CrPC) praying to discharge him from case pending on th.....

Tags : Proceedings, Discharge, Grant

High Court in a revision can examine only when factual aspects are mixed with legal aspects(26.11.2018)

The revision Petitioner herein is the 4th accused was an Assistant Engineer of the Kerala Water Authority ('the KWA') from 1994 to 1997. He and other .....

Tags : Discharge, Disallowance, Validity

Discharge proceeded without reference to Invalidating Medical Board cannot be sustained(02.09.2019)

The Appellant was enrolled in the Army as a Washerman. He was discharged from service on medical grounds on August 31, 1993. Appellant, aggrieved agai.....

Tags : Discharge, Procedure, Legality

Word uttered in fit of anger or emotion without intending consequences to actually follow cannot be said to be instigation(18.10.2019)

Present appeal is preferred by the State of West Bengal through Principal Secretary, Home Department, aggrieved by the judgment passed by the High Cou.....

Tags : Suicide, Discharge, Legality

For framing of a charge against the accused, not only suspicion but grave suspicion that accused is likely to have committed the offence is required(19.03.2020)

Petitioner impugns order, whereby, the Trial Court has discharged Respondent No. 2 of all charges. Deceased - was married to son of Respondent No. 2. .....

Tags : Suspicion, Discharge, Legality

Discharge under Section 239 of the CrPC can be ordered, when the Magistrate considers the charge against the accused to be groundless(01.03.2021)

The case is instituted upon the complaint filed by the first Respondent ('the complainant'). The offences alleged against the accused in the case are .....

Tags : Evidence, Discharge, Entitlement

Orders framing charges or refusing discharge neither interlocutory nor final and not affected by bar under Section 397 (2) of Cr.PC(07.05.2021)

Present appeal emanates from the judgment passed by the High Court whereby a criminal revision against the order of the Chief Judicial Magistrate, ref.....

Tags : Discharge, Refusal, Validity

Previous sanction for prosecution of the public servant is necessary whether the act or omission for which the accused is charged, has a reasonable nexus with discharge of official duty(15.11.2022)

Present is an application under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') seeking discharge. The applicant (accused No. 13) has ini.....

Tags : Discharge, Entitlement, Sanction

Interlocutory application seeking discharge in the midst of trial is not maintainable(03.08.2023)

The Appellant by way of instant appeal has assailed the judgment and order passed by the High Court whereby the High Court has allowed the said petiti.....

Tags : Trial, Discharge, Legality

Separate charges for distinct offences must be framed separately and cannot be clubbed together for more than one year(08.05.2017)

Present appeals arise out of three separate judgments of learned Single Judge of High Court discharging three Accused persons namely; Lalu Prasad Yada.....

Tags : Trial, Discharge, Validity

Judge must discharge Accused, if on examination of record, there is no sufficient ground for proceeding against him(04.10.2017)

Present petition challenges impugned judgment passed by Additional Sessions Judge, thereby dismissing the same filed by the Petitioner against the ord.....

Tags : Application, Discharge, Grant

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