Hindustan Herald’s Post

CLEAR UP THE CONFUSION! Criminal Cases Having Overwhelmingly Civil Character Should Be Quashed When Parties Settled Dispute : Supreme Court 🚨 Supreme Court Ruling: Quashing Criminal Cases with Civil Roots! 🚨 In a landmark decision, the Supreme Court of India has reinforced that criminal cases with an overwhelmingly civil character should be quashed if the parties have amicably settled their disputes. This ruling not only emphasizes the importance of resolution but also aims to reduce unnecessary litigation. 🔍 Why does this matter? It signifies a shift towards prioritizing settlements in financial and commercial disputes, enhancing judicial efficiency, and alleviating the burden on courts. Curious about the implications of this ruling? Be better informed by knowing the details at https://lnkd.in/de2Yg58d #LegalReforms #IndianLegalSystem #SupremeCourt #criminallawyer #JudicialInfrastructure #PublicProsecution #CaseBacklogs #AccessToJustice #LegalAid #CriminalLawOverhaul #LegalExperts #LegalPractitioners #lallablogs #sattyblogs #LegalImplications #LegalCritique

In a critical judgment, the Supreme Court of India in Vijay Laxman Bhawe vs. P & S Nirman Pvt. Ltd. reinforced that "entertaining an application filed by a stranger is totally unsustainable in law." This decision, delivered by Honorable Justice B.R. Gavai, underscores the importance of procedural integrity. This ruling sets a crucial precedent for ensuring that only directly involved parties can influence legal proceedings, thereby maintaining the sanctity of the judicial process. Dive into our detailed analysis to understand the profound impact of this judgment on future litigation in India. https://lnkd.in/gUkCkUMT

The Central government has told the Delhi High Court that 120 petitions have been filed across the country, challenging the validity of the Waqf Act, as the Court granted the Centre time to take appropriate instructions on transfer of the pleas to the Supreme Court. . . Lawstreet Journal #lsjjudiciary #lawstreetj #CentralGovernment #DelhiHighCourt #WaqfAct #LegalProceedings #LegalChallenge #Validity #CourtPetitions #LegalUpdate #SupremeCourt #LegalMatters #JudicialProcess #LegalAction #LegalRepresentation #CourtTransfer #LegalInstruction #LegalAdvice #india #legalnews

Flexibility in Legal Timelines: Condonation of Delay for Acquittal Appeals In a landmark decision, the Hon'ble Supreme Court of India in Mohd Abaad Ali v. Directorate of Revenue Prosecution Intelligence has clarified the applicability of s. 5 of the Limitation Act, 1963, to appeals against acquittal under s. 378 of the Code of Criminal Procedure, 1973. Authored by our associate Mr. Aditya Gupta, the judgment underscores that delays in filing such appeals can be condoned, offering prosecutorial authorities a broader scope for seeking justice. This pivotal ruling revisits and distinguishes from past precedents under the older 1908 Act, highlighting a progressive interpretation that aligns with contemporary legal frameworks. It represents a significant step in ensuring that procedural limitations do not hinder the pursuit of justice, especially in cases with substantial public interest. For a detailed analysis and further insights, please read the full article here: https://lnkd.in/gBemFC7q #MetalegalAdvocates #MetalegalCourtRulings #SupremeCourtIndia #LimitationAct #CriminalLaw #AppealRights #LegalAnalysis #TimelineFlexibility

Supreme Court Criticizes Delhi High Court: A Review of Five Notable Cases In recent years, the Supreme Court has expressed sharp disapproval of various decisions by the Delhi High Court. These critiques, often harsh, have centered around moral lectures, excessive caution in granting bail, and unnecessary adjournments. Among the most notable incidents, the Supreme Court labeled some of these orders as "atrocious" and described the situation as a "sorry state of affairs." In one instance, the apex court rebuked the Delhi High Court for its repeated adjournments in bail hearings, notably involving Parvinder Khurana. The long delays prompted the Supreme Court to emphasize that adjournments without just cause compromise the right to liberty under Article 21 of the Constitution. In another case involving SpiceJet, the Supreme Court was particularly critical of the Delhi High Court’s handling of arbitration orders, deeming the decision as "atrocious" for its approach towards enforcing a ₹270 crore award. These criticisms highlight the Supreme Court’s growing concerns over procedural inefficiencies and judicial overreach, signaling the need for reforms in the handling of high-profile cases by the Delhi High Court. #SupremeCourt #DelhiHighCourt #JudicialCriticism #BailDelays #ArbitrationOrders #IndianJudiciary News courtesy Barandbench

The Madras High Court has ruled that a will over 30 years old, produced from proper custody, is presumed to be valid under Section 90 of the Indian Evidence Act. However, the presumption applies only to the execution, signature, and attestation, not the contents of the document, which must be separately proved. The court dismissed the appeal challenging the will’s validity and upheld the decision of the lower courts. ⚖️ #madraslaw #indianevidenceact #section90 #courtdecisions #legalnews #willdispute #propertylaw #lawupdate #justice

We discuss the Hon’ble Delhi High Courts’ reiteration of this rudimentary principle, in our two bits for the Hindu. The Hindu the hindu newspaper pdf download Priyan Garg

🚨 Legal Alert: Bombay High Court Declares Arrest Illegal Due to Failure to Communicate Grounds of Arrest In a significant judgment, the Bombay High Court has declared an arrest illegal due to non-communication of the grounds of arrest to the accused, highlighting a breach of constitutional and procedural mandates. 🔹 Case Background: The petitioner, arrested on 01-11-2023 in connection with an FIR related to a tragic incident involving multiple IPC offenses, argued that his arrest violated Article 22(1) of the Constitution and Section 50 of the CrPC, as the reasons were not conveyed to him directly. 🔹 Key Findings: Violation of Rights: The Court emphasized that under Section 50 of the CrPC, full details of the offense must be immediately communicated to the arrested individual. Communication Gaps: The arrest panchnama revealed that only the accused's wife was informed via phone, not the accused himself, failing the legal requirement. Landmark References: The judgment cited Prabir Purkayastha v. State (NCT of Delhi), reaffirming the difference between "reasons for arrest" and "grounds of arrest." 🔹 Outcome: The Division Bench ruled the arrest as unlawful and declared the remand orders null and void. The petitioner was ordered to be released on bail. This ruling reinforces the importance of adhering to constitutional safeguards during arrest procedures. #LegalUpdate #FundamentalRights #CriminalLaw #ConstitutionalLaw

'Trial court's observation voluminous material cannot be considered is totally unjustified,' HC suspends bail of Arvind Kejriwal . . Follow Lawstreet Journal for more legal updates #ArvindKejriwal #HighCourt #BailSuspension #TrialCourt #LegalRuling #JudicialReview #VoluminousMaterial #CourtObservation #LegalNews #India #LawstreetJ . . Click to read full article 👇 https://shorturl.at/qMquV

The Supreme Court has deprecated the practice of filing a special leave petition without a certified copy of the High Court’s order or filing of such pleas with a downloaded copy of the impugned order, contrary to the rules. A bench of Justices Dipankar Datta and Prashant Kumar Mishra made it mandatory from August 20, 2024 for all the litigants who proposed to file special leave petitions on civil and criminal side without the certified copy of the High Court’s judgment or order, to give an acknowledgement that they had applied for such copies and make an undertaking to place such judgment on record in future. To read full article, click link below 👇 https://rb.gy/zj4moh . . Lawstreet Journal #lsjjudiciary #lawstreetj #SupremeCourt #SpecialLeavePetition #CertifiedCopy #HighCourtOrder #LegalProcedure #JusticeDipankarDatta #JusticePrashantKumarMishra #CourtRules #LegalUpdate #JudicialReform #india #legalnews