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Others Judiciary

Rakesh Vaishnav & Ors. v. UOI & Ors. (2020) - Farmers can protest peacefully under Article 19(1)(b)

 21 December 2020

In the light of recent court orders in Arnab Goswami and Varavara Rao case, this court order supporting the protesting farmers is actually a breath of fresh air since the judicial institutions and extends it support to protect fundamental rights of d..

Posted in Others |   2597 hits

State of UP v. Laxmi Brahman (1983)- S.167(2) CrPC application after 1978 amendment

 21 December 2020

The appeal was allowed and the order of the High Court granting bail to the respondents on the short ground that they could not be remanded to the custody before the order committing them to the Court of Sessions is made, was set aside...

Posted in Others |   1220 hits

Brahmani River Pellets Ltd. v. Kamachi Industries Ltd.(2019) - Appoint of arbitrator u/s 11(6) of Arbitration & Conciliation Act

 21 December 2020

The impugned order of the Madras High Court was set aside and this appeal was allowed. The parties were at liberty to approach the Orissa High Court seeking for appointment of the arbitrator...

Posted in Others |   2446 hits

The 'venue' of arbitration designated in arbitration agreement between the parties is really the 'seat' of arbitral proceedings

 21 December 2020

The impugned judgment was set aside, and the Section 34 petition was ordered to be presented in the Courts in New Delhi, as was held by the learned Single Judge of the Special Commercial Court at Gurugram...

Posted in Others |   642 hits

Smt. Amravati v State of U. P. (2005) - Arrest not Necessary when FIR is Filed for Cognizable Offences

 21 December 2020

he High Court should ordinarily not direct any Subordinate Court to decide the bail application the same day, as that would be interfering with the judicial discretion of the Court hearing the bail application. However, as stated above, when the bail..

Posted in Others |   2487 hits

Ghulam Mehdi v State of Rajasthan (1960) - Absence of Notice in Bail Bond Forfeiture

 18 December 2020

Legality of the order forfeiting the bail bond given by the appellant for non-compliance of the procedure..

Posted in Others |   693 hits

UOI v. Nirala Yadav (2014) - Right of accused u/s 167(2) CrPC is Indefeasible

 18 December 2020

The Court did not find any error in the order of the high court in overturning the order, refusing bail and extending the benefit to the respondent and accordingly the appeal failed and was dismissed. ..

Posted in Others |   2581 hits

Sudhakar & Ors. v. State of U.P. (1984) - Magistrate can't postpone bail application u/s 167(2) CrPC

 18 December 2020

The court held that Magistrate violated the provisions of CrPc by postponing the hearing of application bail and allowed for the release of appellants for bail with amounts payable to the Judicial Magistrate...

Posted in Others |   701 hits

Ramesh Kumar Ravi v. State of Bihar (1988) - Physical Production of Accused for Remand

 18 December 2020

In the light of the above, the stand of the respondent state by way of preliminary objection was sustained and it as held that the present writ jurisdiction case seeking primarily the quashing of the judicial order of the Chief Judicial Magistrate an..

Posted in Others |   1313 hits

State of Gujarat v. Girish Radhakrishnan Varde (2014) - Correct Stage of Addition of Sections to Chargesheet

 18 December 2020

The Court held disposed the appeal by observing and clarifying the order of the High Court to the extent that the appellant State of Gujarat shall be at liberty to raise all questions relating to additions of the Sections on the basis of the FIR...

Posted in Others |   2245 hits

Sundeep Kumar Bafna v. State of Mahrashtra & Anr (2014) - Power of High Court & Sessions Court u/s 439 CrPC

 18 December 2020

The Single Judge erred in law in holding that he was devoid of jurisdiction so far as the application presented to him by the Appellant. The impugned Order was thus set aside. The appeal is allowed with terms...

Posted in Others |   3960 hits

Smt. Reena v. State of Uttarakhand (2016) - When to arrest & give bail?

 18 December 2020

The Court released the accused/applicant on the bail on furnishing her personal bond and two sureties of like amount to the satisfaction of learned A.C.J.M. Roorkee. Bail application stood allowed accordingly...

Posted in Others |   811 hits

Sayed Mohd. Ahmed Kazmi v. State, GNCTD & Ors. (2012) - Statutory Bail Right not Affected by Subsequent Application

 17 December 2020

These appeals arise out the judgment and orders dated 2nd July, 2012, 6th July, 2012 and 6th August, 2012, passed by the Delhi High Court in Crl. M.C. No.2180 of 2012...

Posted in Others |   655 hits

Jogendra Nahak v. State of Orissa & Ors. (1999) - Recording of Examination u/s 164 CrPC

 17 December 2020

All and sundry cannot approach the magistrate for recording of their statement u/s 164 and any witness, unsponsored by the IO/prosecution, cannot seek to get his examination recorded u/s 164 Cr.P.C...

Posted in Others |   2851 hits

R. Vijayan v. Baby & Anr. (2012) - Fine with Compensation u/s 357(3) CrPC

 17 December 2020

he court held that there must be a consequential levy of a fine of an amount sufficient to cheque amount and interest thereon at a fixed rate of 9% p.a, followed by the award of such sum as compensation from the fine amount and the appeal was dismiss..

Posted in Others |   2979 hits

Amarveer Singh v State of Rajastham & Ors. (2009) - Condition of payment of fine for bail is unjustified

 17 December 2020

The court held that the accused booked under Section 138 of Negotiable Instrument Act would ordinarily be granted bail since the offence was a non-bailable one and therefore they are not to be taken in the custody during the trial. Likewise, a person..

Posted in Others |   534 hits

Sayad Hyder Hussain v. State of Orissa & Anr. (1996) - Application Ss. 397 & 401 CrPC

 17 December 2020

The court opined that there was no dispute in the agreement of sale and ordered for handing over of vehicle to the petitioner on receiving the security of Rs 1,00,000...

Posted in Others |   573 hits

Butterfield v. Forrester (1809) - Contributory Negligence Established

 16 December 2020

The case introduces Contributory Negligence from the base level, which simply states that negligence/ignorance/carelessness matters even if you are injured too. It wipes out the fact that carelessness of only single party matters, and empowers people..

Posted in Others |   2791 hits

Rakesh Kumar Paul v. State of Assam (2017) - Default Bail u/s 167(2) CrPC

 16 December 2020

The court held that the petitioner was to be awarded 'default bail' based on the facts and the circumstances of the case and set aside the order of the High Court...

Posted in Others |   3076 hits

Amar Nath Chaubey v. UOI & Ors. (2018) - Closure Report on Lack of Concrete Evidence

 16 December 2020

The approach adopted by the Supreme Court of India is commendable. The apex court has established that the judiciary is independent and dedicated to protecting the rights of the last citizen of the country...

Posted in Others |   1317 hits