SC asks Trial Court to defer hearing till Sambhal Mosque Survey Order is challenged before HC
The Chief Justice of India Sanjiv Khanna remarked- “In the meantime, peace and harmony must be maintained.”
The Chief Justice of India Sanjiv Khanna remarked- “In the meantime, peace and harmony must be maintained.”
Before exercising the power under Section 482 of CrPC, the High Court must have due regard to the nature and gravity of the crime besides observing and holding that heinous and serious offences could not be quashed even though a victim or victim’s family and the offender had settled.
“Delay by the authorities, at times, may constitute a cause of action in itself. This would be especially true in a case of a live and continuing cause of action or in the event of failure to perform a mandatory statutory duty. It is, however, equally true that there can be cases where delay and laches would be fatal and can result in the dismissal of the writ petition.”
Brij Bihari Prasad, a member of the Bihar Legislative Assembly was murdered in 1998. The High Court reversed the Trial Court’s decision and acquitted the accused persons.
“When a party is relegated to the High Court to pursue its remedies, it would not be proper, in the normal course, to bind the said High Court with directions in relation to the proceedings to be impugned before such Court.”
The Court emphasised that every State organ, and particularly the wings of the Government associated with environment protection, such as the CECB, must be even more diligent in ensuring timely compliance with the directions of the NGT.
Justice PV Sanjay Kumar is a sitting Judge of the Supreme Court of India. He has formerly served as the Chief Justice of Manipur High Court and as Judge of Punjab & Haryana High Court as well as Andhra Pradesh High Court.
Supreme Court said that it hopes and trust that the said interim order will not be misused by anybody, and clarified that it will be open to the College to move an application for vacation of this order, in case of misuse
“Not necessary for a candidate to declare every item of movable property that he or his dependent family members owns, such as, clothing, shoes, crockery, stationery and furniture, etc., unless the same is of such value as to constitute a sizeable asset.”
Supreme Court found the appellant’s contention as unsustainable because they did not appear before the Court on issuance of bailable warrants but moved applications for bail.
“It is high time that a consistent and dependable code of investigation is devised with a mandatory and detailed procedure for the police to implement and abide by during the course of their investigation so that the guilty do not walk free on technicalities, as they do in most cases in our country.”
Justice PV Sanjay Kumar is a judge of the Supreme Court of India. He has formerly served as the Chief Justice of Manipur High Court and Judge of Punjab & Haryana High Court as well as Andhra Pradesh High Court.
The Supreme Court observed that the petitioner was on a ventilator earlier but was discharged due to non-availability of proper medical treatment in the prison.