12 August 2024


Search Results for Tag : Trial Court

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Bombay HC Says Same Person Can’t Be Framed for Murder and Suicide Abetment Alternatively(13.06.2016)

Bombay HC has held that a trial court cannot direct framing of charges against an accused for abetment to commit suicide and alternatively for murder.

Tags : Bombay HC , trial court

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Karnataka High Court: Accused can’t be Morally Convicted by Trial Court in Absence of Legal Proof(17.04.2024)

Karnataka High Court while setting aside the conviction of life sentence imposed on accused, has observed that since the prosecution failed to establi.....

Tags : Karnataka High Court, Trial Court, Legal Proof

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SC: Trial/Appellate Court Has Full Discretion to Order Sentences to Run Concurrently(06.07.2022)

Supreme Court has held that Trial court and Appellate Court has full discretion to order sentences for two or more offences at one trial to run concur.....

Tags : Supreme Court, Trial Courts, Concurrently

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Orissa HC Upholds Conviction of Dara Singh & Other Accused in 1999 Father Arul Doss Murder Case(12.09.2022)

Orissa High Court while affirming the conviction and sentence pronounced by the Trial Court in September 2007, has upheld the conviction of Dara Singh.....

Tags : Orissa High Court, Trial Court, Mayurbhanj, Dara Singh

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SC: High Courts Fixing Time Bound Schedule for Disposal of Case Affects Functioning of Trial Court(26.11.2024)

SC has observed that High Courts rejecting bail applications in routine manner and then fixing time bound schedule for the conclusion of trials affect.....

Tags : Supreme Court, Time Bound Schedule, Trial Court, High Courts

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SC Explains Principles That Appellate Courts Should Follow While Deciding Acquittal Appeals(15.02.2024)

Supreme Court has observed that if through appreciation of evidence two possible views are being made out then the Appellate Court cannot reverse the .....

Tags : Supreme Court, Acquittal Appeals, Trial Court

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SC to Trial Courts: Hold In-Camera Trial in All Sexual Harassment Cases Apart from Rape Cases(16.08.2022)

Supreme Court has directed the trial that in-camera trials should be allowed in all cases relating to sexual harassment and ensure that the cross-exam.....

Tags : Supreme Court, Sexual Harassment, Trial Court

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Karnataka HC: Victim/Complainant Does Not Have Right to Challenge Every Order of Trial Court(13.01.2022)

Karnataka High Court has held that a victim/ complainant does not have the right to challenge each and every order that is passed by the trial Court. .....

Tags : Karnataka High Court, Right to Challenge Every Order of Trial Court

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Delhi HC: Criminal Justice Machinery Should Not be Kept in Limbo(22.04.2022)

Delhi High Court has ruled that the criminal justice machinery shall not be kept in limbo and that the proceedings cannot remain stayed before the Tri.....

Tags : Delhi High Court, criminal justice machinery, Trial Court

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Delhi HC: Litigant Seeking Adjournments Can't Invoke High Court's Supervisory Jurisdiction U/Art 227(21.04.2022)

Delhi High Court has observed that it is impermissible for a litigant to seek adjournments before a Trial Court and later invoke the jurisdiction of t.....

Tags : Delhi High Court, Trial Court, High Court, Article 227, litigant

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SC: Not Prudent for HC to Relegate Matter to Trial Court if there are Significant Delays(16.09.2024)

SC has stated that if there are significant delays in a matter in which accused approached the High Court directly without first seeking relief from t.....

Tags : Supreme Court, Trial Court, Bail

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Karnataka HC: Trial Courts Can Only Recommend Compensation Under POCSO Rules(24.01.2020)

Karnataka High Court has held that the Trial Court or Special Court has to recommend the District Legal Services Authority to decide and award the com.....

Tags : Karnataka High Court, Trial Court's Power to Recommend Compensation under POCSO Rules

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Madras HC: Acquittal from Trial Court Provides No Immunity from Departmental Proceedings(28.11.2016)

Madras High Court has ruled that a person’s acquittal of criminal charges by a Trial Court does not provide them with immunity from Departmental Actio.....

Tags : Madras High Court, Departmental Action, Trial Court

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Bom. HC: While Granting Bail, Trial Court Cannot Direct Accused to Obtain Passport and Surrender it(11.07.2024)

Bombay High Court has held that while imposing the condition for grant of bail, the Trial Court does not have power to direct any person to apply for .....

Tags : Bombay High Court, Trial Court, Passport

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MP HC: Proof of Allegations Not Concern of Trial Court At Time of Framing Charges(11.08.2017)

Madhya Pradesh High Court has held that Trial Court is not concerned with proof of allegation at the stage of framing of charges.

Tags : Madhya Pradesh High Court, Trial Court

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Guidelines Issued by Delhi High Court for Trial Court Judges to Decide Transfer Applications(29.05.2024)

Delhi High Court has issued guidelines required to be followed in the national capital by Principal District & Sessions Judges while dealing with tran.....

Tags : Delhi High Court, Trial Court Judges, Transfer Applications

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SC: Higher Court Can Examine Existence of Jurisdi. Fact Even if Trial Court Fails to Frame Issue(25.11.2024)

SC has clarified that failure of trial court to frame issue on maintainability of suit touching jurisdictional fact by itself cannot trim powers of hi.....

Tags : Supreme Court, Jurisdictional Fact, Trial Court

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HC can’t Go Beyond Decree of Trial Court While Dismissing Appeal in Absence of Cross Appeal: SC(18.12.2018)

Supreme Court has observed that, while dismissing an appeal filed by a defendant, the high court could not pass any further order beyond the judgment .....

Tags : Supreme Court, HC can’t Go Beyond Decree of Trial Court While Dismissing Appeal in Absence of Cross Appeal

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Supreme Court: Accused Should Challenge UAPA Sanction at the Earliest(24.09.2024)

Supreme Court has held that in ordinary circumstances challenge to sanction under UAPA should be raised at the earliest possible opportunity so as to .....

Tags : Supreme Court, UAPA Sanction, Trial Court

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Trial Court Re-Confirms Death Sentence to Accused in 1996 Samleti Bus Bombing Case(18.12.2015)

Trial court in Bandikui in Dausa district has once again confirmed death sentence awarded to Dr Abdul Hameed, prime accused in 1996 Samleti bus bomb b.....

Tags : Trial court, 1996 Samleti bus bomb blast cas

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Supreme Court: There Should be Proactive Participation of Trial Court in Trials(16.07.2024)

SC has observed that the Trial Court is under an obligation not to act as a mere spectator and should proactively participate in the trial proceedings.....

Tags : Supreme Court, Trial Court, Proactive Participation

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Del. HC Refuses to Direct Trial Courts in National Capital to Issue Notice At Pre-Trial Stage(08.02.2024)

Delhi HC while refusing to direct trial courts in the national capital to compulsorily issue notice to the complainant or victim in a criminal case at.....

Tags : Delhi High Court, Pre-Trial Stage, Trial Courts

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SC to Trial Courts: Don’t Record Witness Testimonies Only in English(31.01.2023)

Supreme Court has disapproved of the practice of trial judges recording the testimonies of a witness only in the English language form as translated b.....

Tags : Supreme Court, Trial Court, English, Testimonies

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All. HC: Use Terms District Judiciary & Trial Courts Instead Of 'Subordinate Judiciary/Courts(19.01.2023)

Allahabad High Court has issued a notification stating that the terms 'district judiciary' and 'trial Courts' shall be used instead of 'subordinate ju.....

Tags : Allahabad High Court, District Judiciary, Trial Courts, Subordinate Judiciary

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SC to Trial Courts: Do Not Mention Caste of Parties in Cause Titles(15.03.2023)

Supreme Court has directed Trial Courts to refrain from continuing practice of adding one's caste next to name in cause titles of judgments.

Tags : Supreme Court, Trial Courts, Caste, Cause Titles

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Calcutta High Court: Warrant of Arrest Should Not be Issued Mechanically(24.07.2024)

Calcutta High Court while quashing warrant of arrest against accused, has observed that warrant of arrest cannot be issued by trial court without appl.....

Tags : Calcutta High Court, Warrant of Arrest, Trial Court

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Court Concerns over Women Being Blatantly Abusing and Misusing Laws Against the In-Laws(05.02.2016)

A trial court, while granting relief of possession of property to 70-year-old widowed woman who had accused her estranged daughter-in-law of illegally.....

Tags : trial court, women, In-Laws

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SC: HCs Passing Orders Directing Disposal of Trials Within a Time Schedule is Contrary to Law(07.10.2024)

SC has held that while rejecting bail applications, the HCs are passing orders directing disposal of trials within a time schedule. Apart from the fac.....

Tags : Supreme Court, Trial Courts, Bail Applications

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SC: Can’t Upheld Conviction in Absence of Trial Court’s Records(27.04.2023)

Supreme Court while setting aside Allahabad High Court’s judgment upholding conviction of a person on ground that High Court can’t decide appeal witho.....

Tags : Supreme Court, Conviction, Trial Court’s Records

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Supreme Court Allows Centre to Seek Fresh Date for Hanging from Trial Court in Nirbhaya Case(12.02.2020)

Supreme Court has permitted the Centre to seek a fresh date for the hanging of Nirbhaya case death row convicts whose mercy pleas have been rejected.

Tags : Supreme Court, Trial Court, Nirbhaya Case

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SC Expresses Displeasure at Trial Courts Not Following its Judgment on Bail(03.04.2023)

Supreme Court while expressing displeasure at trail courts repeatedly dismissing bail applications in violation of its judgments, has also criticized .....

Tags : Supreme Court, Bail, Displeasure, Trial Courts

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Allahabad High Court: Accused Cannot be Kept Indefinitely in Jail(30.09.2024)

Allahabad High Court while expressing concern over Prosecution’s non-production of witnesses, has viewed that a person cannot be detained for indefini.....

Tags : Allahabad High Court, Trial Court, Indefinite Period

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SC: Power of Trial Court Under Section 319 CrPC is Discretionary Power(01.02.2021)

Supreme Court has reiterated that the power of a Trial Court under Section 319 of the Code of Criminal Procedure, 1973 to proceed against other person.....

Tags : Supreme Court, Power of Trial Court

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Karnataka HC: Permission from Trial Court Not Necessary for Renewal of Passport(21.03.2022)

Karnataka High Court has held that the permission from a trial court is not necessary for renewal of passport when the proceedings are stayed by a hig.....

Tags : Karnataka High Court, Permission from Trial Court

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Gau. HC Issues Guidelines Regarding Release of Seized Money in Cyber Frauds or Crimes(08.10.2024)

Gau. HC has issued guidelines directing Trial Courts not to insist on registration of FIRs in matters already registered on NCRP on cyber frauds / cri.....

Tags : Gauhati High Court, Trial Courts, Cyber Frauds

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SC: Public Prosecutor Owes Duty to Give Fair Idea Regarding Prosecution Case to Trial Court(28.07.2022)

Supreme Court has held that before a Trial Court proceeds to frame the charge against the accused, the Public Prosecutor owes a duty to give a fair id.....

Tags : Supreme Court, Trial Court, Public Prosecutor

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Madras HC: Trial Courts can Remand Accused for Adopting Dilatory Tactics(31.05.2016)

Madras HC has said that trial courts can cancel bail granted to the accused in criminal cases and remand them to judicial custody if they indulge in d.....

Tags : Madras HC , trial courts

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Ker. HC: To Proceed Against an Offence Committed Partly in India, Sanction of Centre Not Required(19.07.2024)

Ker. HC while directing Trial Court to proceed against an offence that was partly committed in India and partly abroad, has referred to Sartaj Khan vs.....

Tags : Kerala High Court, Trial Court, Sanction

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SC: 'Concurrent Findings of Fact by Trial Court & Appellate Courts Binding on Apex Court'(31.07.2017)

Supreme Court has observed that if there are concurrent findings of fact by Trial Court, first and second Appellate Courts, such findings are binding .....

Tags : Supreme Court, Trial Court & Appellate Courts

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Delhi HC: No Bar On Trial Courts in Deciding Issues Having No Precedent(30.08.2022)

Delhi High Court has held that the Trial Courts are wholly competent to decide the questions of fact and law which may arise before them, many of whic.....

Tags : Delhi High Court, Trial Court, Precedent

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Karnataka HC Takes Suo Motu Cognizance of Legal and Technical Issues Faced by Trial Courts(29.05.2020)

Karnataka High Court has taken suo motu cognizance to address various legal and technical issues that would arise before the District and Trial Courts.....

Tags : Karnataka High Court, Legal and Technical Issues Faced by Trial Courts

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Supreme Court Asks Its Registry to Not Refer Trial Courts As Lower Courts(12.02.2024)

Supreme Court has asked its registry to not use the term ‘Lower Courts’ for ‘Trial Courts’ and has further added that even the record of the Trial Cou.....

Tags : Supreme Court, Trial Courts, Lower Courts, Lower Court Record

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All. HC: Maintenance can be Granted by Trial Court from Date of Order if Reasons Exist for Doing so(16.05.2023)

Allahabad High Court while observing that ruling in Rajnesh v. Neha (MANU/SC/0833/2020) doesn’t completely block discretionary power of trial court in.....

Tags : Allahabad High Court, Maintenance, Trial Court

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Delhi High Court Sets Aside Trial Court Order Which Misread Direction(02.03.2020)

Delhi High Court has clarified that there is a difference between "addition" of charge and "alteration" of charge under Section 216 of the Code of Cri.....

Tags : Delhi High Court, Trial Court Order Which Misread Direction

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Delhi Court Upholds Juvenile's Conviction in 2011 Delhi HC Blast Case(11.08.2016)

A Delhi Trial Court has upheld conviction of a juvenile in 2011 Delhi High Court blast case, saying that the teenager was a "co-conspirator" in the te.....

Tags : Delhi Trial Court, 2011 Delhi HC Blast Case, Juvenile

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Bom. HC: Issues Which Only Dispose of the Suit Partly, Cannot be Framed by Trial Court(23.07.2024)

Bombay High Court has held that an issue which only partly disposes of a suit cannot be framed by the Trial Court under Section 9 of the Code of Civil.....

Tags : Bombay High Court, S. 9 of CPC, Trial Court

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Madras High Court Slams a Trial Court for ‘Illegal’ Conviction(12.10.2015)

Madras High Court has slammed a trial court for throwing to the winds the fundamental principles of criminal jurisprudence and “illegally” convicting .....

Tags : Madras High Court , trial court , Illegal Conviction

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Mumbai Industrial Court Charges Sun Pharma with Unfair Labour Practices(01.08.2016)

Mumbai Industrial Court has held that Sun Pharmaceutical Industries adopted unfair labour practices by holding back salaries of 86 sales promotion emp.....

Tags : Mumbai Industrial Court, Sun Pharmaceutical Industries

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Delhi Trial Court Acquits Unitech in Cheating Case(15.01.2016)

A trial court of Delhi has acquitted Unitech's top bosses in a cheating case, after it got to know that they have resolved the matter with the complai.....

Tags : Delhi Trial Court, Unitech

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SC: In Acquittal Appeal, HC to Record Clear Finding While Reversing Judgement(20.09.2024)

Supreme Court has observed that it is not permissible for the Appellate Courts to reverse a well reasoned judgement given by the Trial Court and if th.....

Tags : High Court, Trial Court, Acquittal

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SC: When Sentence Imposed is for Fixed Term, Court Should Consider Suspension of Sentence(05.07.2024)

SC has observed that law is well settled that if sentence imposed by trial court is for a fixed term, then ordinarily the appellate court should consi.....

Tags : Supreme Court, Suspension of Sentence, Trial Court

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