P&H High Court Explains When Second Anticipatory Bail Plea Can Succeed

The Punjab and Haryana High Court has explained that although a second or successive anticipatory bail petition is maintainable in law, it can succeed only where the applicant demonstrates a substantial change in circumstances. A mere superficial or ostensible change, including the subsequent creation of a document, would not suffice, Justice Sumeet Goel held.The bench thus dismissed a...

'Challenge To Decree As Nullity Due To Abatement Must Be Raised Before Executing Court U/S 47 CPC, Not By Separate Suit': Bombay High Court

The Bombay High Court has held that an objection to the execution of a decree on the ground that it is a nullity by reason of abatement of the suit has to be adjudicated by the executing Court under Section 47 of the CPC and cannot be raised by way of a separate suit. The Court observed that Section 47 and Order XXI Rules 97 and 101 vest the powers in executing court to decide the question...

4-Steps To Test If Criminal Case Can Be Quashed Based On Defence Material Before Trial : Supreme Court Explains

The Supreme Court has reiterated that criminal proceedings can, in exceptional cases, be quashed at the pre-trial stage on the basis of defence material or official records, where such material is of an unimpeachable nature and demonstrates that continuation of the prosecution would amount to an abuse of the process of court.In its judgment in Rahul v. State of Uttar Pradesh, pronounced on...

Order 41 Rule 27 CPC | Supreme Court Explains Parameters To Decide Application For Additional Evidence

While reiterating that an application seeking the production of additional evidence at an appellate stage needs to be decided on its own merit before delivering a judgment, the Supreme Court has laid down the parameters to be followed while dealing with an application under Order 41 Rule 27 of CPC. A bench of Justice SVN Bhatti and Justice NV Anjaria laid down the following parameters:...

Principles Of Judicial Review In Exam Evaluation Disputes : Supreme Court Explains

The Supreme Court has reiterated that a power of judicial review cannot be exercised to interfere with the decision of experts in an academic field. A bench of Justice Dipankar Datta and Justice Sheel Nagu set aside the Allahabad High Court's order, which had interfered with the academic experts' decision in examination matters. The High Court issued directions to the Uttar Pradesh...

Can A Sessions Court Hold A Joint Trial Despite Separate Committal Orders? Supreme Court Explains

The Supreme Court has clarified that committal orders do not determine whether a trial would be conducted jointly or separately, holding that the decision rests exclusively with the trial court. “…the committal order/s is/are not determinative of whether the trial is single/separate/joint; which is at the exclusive discretion of the Court.”, observed a bench of Justice Sanjay Kumar...

Know The Law | Doctrine Of Ratification : Supreme Court Explains Principles

In a judgment clarifying the doctrine of ratification in administrative law, the Supreme Court has held that once the competent authority ratifies an act initially performed without authority, the ratification relates back to the date of the original act, validating it as though prior authority had existed from the outset.A Bench of Justice Pamidighantam Sri Narasimha and Justice Alok...

Order 18 Rule 17 CPC | Parameters On Recall Of Witness : Supreme Court Explains

The Supreme Court on Tuesday (August 4) reiterated that the power of the Court under Order XVIII Rule 17 CPC only permits recall of witnesses for examination by the Court itself, not for cross-examination by either of the parties “…the scope and object of Order XVIII Rule 17, CPC, was to enable the court to clarify doubts regarding evidence led by the party. It was further stated that...

How Should A Test Identification Parade (TIP) Be Conducted? Allahabad High Court Explains Step-By-Step Procedure

The Allahabad High Court last week elaborately explained the step-by-step procedure governing the conduct of a Test Identification Parade (TIP).The bench clarified that such an identification parade must strictly comply with the safeguards prescribed under the UP Police Regulations and the UP Jail Manual, as any unexplained delay or procedural lapse seriously undermines their...

Is Subsequent Impleadment Application Barred By Res Judicata If Earlier Plea Was Rejected Wrongly? Supreme Court Answers

The Supreme Court on Monday (July 27) held that if an earlier application seeking an impleadment under Order I Rule 10 CPC was decided on the merits, even though it was based on an erroneous consideration of facts, a subsequent application seeking an impleadment under a different CPC provision would be barred by the doctrine of res judicata. A bench of Justice Sanjay Karol and Justice...

S. 451/457 CrPC | Decision On Interim Release Not Based On Title, Court Only Sees Who Entitled To Possession : Supreme Court

The Supreme Court has clarified that the power of the courts to order an interim release of a seized material under the Cr.P.C / BNSS is not an adjudication of ownership, but a prima facie assessment of who is best entitled to possession.“The exercise of this power requires the Court to make only a prima facie assessment of who is best entitled to possession, having regard to the nature of...

Externment Of Gang Member Under Police Act Requires Satisfaction About Gang's Activities, Not Individual Alone: Bombay High Court

The Bombay High Court has held that the "subjective satisfaction" required for passing an externment order under Section 55 of the Maharashtra Police Act, 1951 against a gang or body of persons is fundamentally different from the satisfaction required under Section 56 for externment of an individual. The Court observed that while Section 55 requires the authority to be satisfied about...