madhusudhana rao
09 April 2019 at 11:29
When, criminal trial proceedings of lower court are stayed by single bench supreme court order during the notice period, does such single bench stay order of supreme court without any extension of stay by speaking order automatically gets vacated on expiry of six months or not? - In view of the Supreme Court 3 judge’s ruling ---- in Asian resurfacing of road agency pvt ltd & anr vs. Central bureau of investigation decide on 28-3-2018.
Such ruling of 3 judge’s bench will prevail over the single bench ruling or not ?
can we proceed with the next step of trail at lower court?
Naresh choudhary
08 April 2019 at 13:54
me and my friend meet an accident with another four wheeler and third party file an FIR against rash driving and drunk driving. while there was no medical test done by any doctor at that time. And my friend was driving the vehicle. now my query is that is it counted as criminal offence against me in any govt job? I was not driving the vehicle but I was in the vehicle. FIR was filed 2 days ago and I'm preparing for ssc cgl and cpo. both jobs joining will come this year only so there is less chances that till then the case got solved. Please reply me that this case didn't solve till my joining then what will happen?
thank you!
G N Shaikh
07 April 2019 at 12:05
Dear Sir/Madam
In a case of defamation, accused convicted with punishment of 3 months. Accused file an appeal in session court in 2011. some time he transfer the case ,many time he adjourn the hearing. Being senior citizen I am getting harassed. Court also not taking any action on the other hand asking me don't attend the court, we will handle the matter.Last 6-7 years he is not completing his argument. Being a expert can u advice me what legal action I can take.I had completed my argument in 2015.
waiting for your reply.
G N Shaikh. Aurangabad (MS)
Nitin
06 April 2019 at 13:22
Please suggest best criminal advocates in haridwar for following matters :
Domestic Violence
123 Recovery
Regards
Nitin
Suhas Shivalkar
04 April 2019 at 18:09
Sir,
In a private criminal case, Trial Court's order of framing of charges is an interlocutory order or not?
The accused went to Dist Court challenging the order.
Thanks and Regards.
Harsha Harsha
01 April 2019 at 18:16
An Counter FIR has been filed on me and 3 of my friends/relatives for the initial complaint that I gave. The FIR is under trial and charge sheet has been filed by police. I am planning to apply for quash in high court , I have ample reasons and evidences to defend. I am not an advocate. But I had made a petition in SCI for PIL personally for other issue and have experience of it. Query is
1. Separate quash is required for 4 of us? Or a single petition will suffice?
2. If it can be combined in single petition, as I am not an advocate, can I still include 3 of my friends also to quash it?
3. SInce charge sheet is filed, do I need to specially request for quashing of charge sheet and FIR or quashing FIR statement would be sufficnet?
Kavitha Balan
01 April 2019 at 16:29
I have filed an slp 2 months back and it is under defect scrutiny. Registry section said it will be cleared by april end since she has 350 documents pending with her.
My query is: If I receive by April end to get it listed , the following starts with 2 months of Vacation for court.
So I believe I will get the date only after July. Is there any way to get it done before like 1.Urgent application will it help ? 2. Or to take it during the vacation any options ?
Sush
01 April 2019 at 09:24
I want to change mh advocate as i am not happy by his response in the case now. I have paid him the full fees by cash as requested and even then he is not providing noc to change my advocate. He is exploiting me by asking more money. How can i change the advocate.
Vir Ji Pune
30 March 2019 at 22:15
Hello Team, One of the client from Solapur given me cheque of Solapur Branch. I have deposited this cheque at Pune Bank in my nearest branch. Now cheque is bounced. I want to file case against my client as he is not responding. My question is what will be the Jurisdiction of court to file case ? Solapur or Pune ?
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Supreme court 3 judges bench ruling and its binding nature
Dear Sir,
I field a criminal case in 2010. Accused after receipt of summons from trail court, approached Hon’ble High Court to quash the proceedings U/S 482 Crpc. After 7 years of stay, ultimately the said application of the accused was dismissed in the year 2018. As against the dismissal order, accused appealed before Hon”ble Supreme Court and got stay order on 8-5-2018 in SLP(Crmnl) as under:-
“Issue notice. In the mean time there shall of stay of proceeding before trail court.”
As of today, the matter is pending before Hon’ble Supreme Court and may take time for final disposal.
Now the issue before trail court is, we ask trail court to proceed with the next step of trail since there was no extension of stay order after lapse of six months - in view Supreme court 3 judge bench ruling in Asian Resurfacing of Road Agency Vs, CBI, decided on 28-3-2018 . But accused argument is that, they got stay order from Supreme Court hence the above cited ruling is not binding on Supreme Court orders and they need not present before trail court.
Nowhere in the above cited judgment specifically it is mentioned that the said ruling is not binding on Supreme Court orders. So in the absence of such ruling, other side argument is valid?. Most importantly, the intention behind making such law is to curtail unduly delay on account of Stay, where both civil and criminal cases are pending at trail stage for decades. To remedy such situation the law was made. When such is the intention behind making such law, accused interpretation is valid?
The above cited judgment was delivered by a bench of 3 judges and the accused got stay order from bench of 2 judges. Whether, larger bench of Supreme Court judgments/orders are binding on smaller bench of supreme court orders or not?
Kindly enlighten on the question of law.