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In a significant ruling, the Supreme Court has underscored the importance of Section 313 of the Code of Criminal Procedure (CrPC), which grants an accused the right to clarify incriminating circumstances. The Court held that failure to adhere to this provision can vitiate a trial and result in a miscarriage of justice if it prejudices the accused. If non-questioning on incriminating circumstances leads to material prejudice, it may necessitate an acquittal of the accused, highlighting the critical role of this provision in ensuring a fair trial. #SupremeCourtOfIndia #SupremeCourt #HighCourt #Legal #Law #India

The Honorable Supreme Court of India has reiterated that the grant of an Interim Injunction is a discretionary power of the Civil Judge. #LegalMatters Emphasizing on the importance of prima facie strength of facts, the Court highlighted that all interim injunction orders must be firmly rooted in the evidence presented. #PrimaFacieStrength Additionally, the Court stressed the need for a speaking order, ensuring transparency and accountability in judicial decisions. #SpeakingOrder The balance of convenience and consideration of irreparable hardship were also highlighted as crucial factors in determining the necessity of an interim injunction. #BalanceOfConvenience #IrreparableHardship Moreover, in cases of Ex Parte injunctions, the Court emphasized the necessity for judges to justify why such a step was essential, adhering to principles of natural justice. #ExParteInjunction This guidance underscores the significance of a judicious approach in granting interim injunctions, ensuring fairness and equity in legal remedies. #LegalJustice #Fairness

Presented my views on the topic: “Assessing the state of judicial infrastructure in India” with special focus on district courts at National Law University, Delhi. I would like to thank all the esteemed panelists for their valuable feedback during my presentation. #AdministrationOfJustice #NationalConference #JudicialInfrastructure #NLUDelhi

Honourable Supreme Court of India has held that in an Appeal against Acquittal where the presumption of innocence in favour of the accused is reinforced, the appellate Court would interfere with the order of acquittal only when there is perversity of Fact and Law. It is held that the scope of powers of the appellate Court in an appeal against acquittal, has no absolute restriction in law to review and relook the entire evidence on which the order of acquittal is founded. It is settled law that the suspicion, however strong it may be, cannot take the place of proof beyond reasonable doubt. An accused cannot be convicted on the ground of suspicion, no matter how strong it is. An accused is presumed to be innocent unless proved guilty beyond a reasonable doubt. Abhijit Mishra #supremecourt #highcourt #law #legal #lawyer #police #evidence #prosecution #prosecutor

The Supreme Court emphasized the significance of the judicial roster system, declaring that the Chief Justice’s roster is more than a mere formality and is obligatory for all judges. This statement came as the court overturned an interim bail granted by a Bombay High Court bench, following a roster change, to an individual accused in a money laundering case. The Supreme Court criticized the High Court for passing the bail order without proper hearing or justification, highlighting the importance of adhering to the designated roster for case assignments. The apex court’s decision reaffirms the principle of judicial propriety and the structured process for hearing cases, underscoring the necessity for judicial discipline in the assignment and hearing of cases according to the Chief Justice’s roster. To read full article, click link below 👇 https://rb.gy/trgjdk . . Lawstreet Journal #lsjjudiciary #lawstreetj #SupremeCourt #JudicialRosterSystem #LegalPrinciples #JudicialDiscipline #HighCourtDecisions #MoneyLaunderingCase #LegalNews #JudicialPropriety #CaseAssignments #LegalJudgment #RosterChange #LegalProcedure #JudicialObligations #JusticeSystem #LegalAccountability #india #legalnews

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

🚨 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

[Right to be Forgotten] Delhi High Court grants injunction against India Today Group regarding defamatory posts on acquitted businessman Reported by Arunima B. Read More Here- https://lnkd.in/g92iw25V #DelhiHighCourt #AcquittalRights #DefamationCase #defamatoryposts #IndiaTodayGroup #injunction #MediaRights #PostTrialRights #Righttobeforgotten #RighttoPress #righttoprivacy #scconline #SCC #legalnews #legalknowledge #scctimes #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews

The Supreme Court recently ruled that only advocates who are physically present in court or participating online during hearings are permitted to mark their appearance in case records, orders, or judgments [Baidya Nath Choudhary v Dr Sree Surendra Kumar Singh]. This decision was made after the Court observed an attempt to include the name of a lawyer who was not in town during a hearing in the list of lawyers appearing in the court. . . Lawstreet Journal #lsjjudiciary #lawstreetj #SupremeCourt #LegalRuling #AdvocatesAppearance #CourtProcedure #OnlineHearings #JudicialOrder #LegalEthics #CaseLaw #IndianJudiciary #CourtGuidelines #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