2024 SCC Vol. 9 Part 2
Civil Procedure Code, 1908 — S. 20 — Civil suit — Maintainability — Issue of territorial jurisdiction — Adjudication of, as preliminary issue
unlawful assembly
‘Every citizen has right to access temple and offer prayers’; Rajasthan High Court quashes FIR for alleged Trespass at Mahakaleshwar Mahadev Temple
“The fact that the petitioner belongs to a Scheduled Caste/Scheduled Tribe may have caused some discomfort among the Trustees, leading to the denial of access. Such conduct by the Trustees is unacceptable.”
‘No reference to show existence of criminal conspiracy’; Delhi Court discharges all 11 accused persons in Delhi Riots of 2020
“It does not appeal to logic and probability that persons in the mob of Muslim Community will raise slogan of “Jai Shree Ram” or they will beat a Muslim person, while acting as part of a mob in a communal riot between Hindu and Muslim.”
Calcutta High Court refuses to quash proceeding against teacher for involvement in Communal Disturbance case
Considering the nature of the alleged offences and the available evidence, the Calcutta High Court found a prima facie case against the petitioner to proceed to trial.
Allahabad High Court refuses to quash proceedings relating to widespread incidents of violation of public order during CAA-NRC protests in India
It is not that democracy and sovereignty are at crossroads. It is only that democratic rights have to be exercised in a lawful manner, so that order in society, which sovereignty has to uphold at all costs, is not lost.
‘Possible that the entire story was a complete set-up by police’; Supreme Court set aside conviction in rioting, criminal trespass and murder case
The Supreme Court doubted the prosecution’s story due to various lacunas existing in it, the manner in which the investigation was conducted and the material inconsistency in the statements of the eyewitnesses.
Know Thy Judge | Justice Pritinker Diwaker: The 50th Chief Justice of Allahabad High Court
Prior to being appointed as Allahabad High Court’s 50th Chief Justice, Justice Pritinker Diwaker had been working as the High Court’s Acting Chief Justice after elevation of former Chief Justice, Rajesh Bindal
Nature of allegations, Seriousness and Gravity of the offence must be considered along with cogent reasons for granting bail in serious offences; Supreme Court sets aside bail order of Allahabad HC
Supreme Court noted that one of the reasons for overcrowding of jails given by the Allahabad High Court in the impugned order cannot be considered for releasing on bail in the offences of serious nature
Protest by violent means can never be a part of Democracy, Delhi High Court overturns the discharge of accused in the Jamia violence case
“A protest cannot be allowed to endanger others, damage property, restrict essential services and such a protest cannot receive constitutional protection. The acts of violence and violent speech that instigates violence and endangers rule of law, damage public property and peace are not protected under the Indian Constitution.” opined the Delhi High Court
Allahabad High Court suspends one-year sentence of UP Cabinet Minister Nand Gopal Gupta in a 9-Year-old assault case
Allahabad High Court released Nandi on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned, subject to deposition of fine
Allahabad High Court denies bail to two members of Popular Front of India accused of planning an attack on different Hindu Religious Organisation
Ansad Badruddin and Firoz Khan, members of PFI were denied bail by Allahabad High Court, as various contraband articles were recovered from their possession, including a diary disclosing their aim and object of fighting against Hindu religious organisations and to promote the ideology of PFI.
Kerala High Court quashes proceedings against CM Pinarayi Vijayan and 11 other CPI(M) leaders protesting for withdrawal from free trade agreement between India and the ASEAN
Kerala High Court: In a case relating to a complaint for offences under Sections 143, 147, 149 and 283 of
Delhi Court acquits two accused persons in Ashok Nagar Riots case as prosecution fails to prove its case beyond reasonable doubt
Karkardooma Court, Delhi: In a case filed by the State against the two accused Yogender Singh and Suraj under Section 147/148/149/427/436 Penal
Reversing acquittal of only 2 out of 22 acquitted murder accused, despite glaring contradictions between witness testimonies, illogical; SC sets aside Karnataka HC verdict
Supreme Court: In an appeal against the Karnataka High Court's reversal of acquittal of 2 out of the 22 accused
Man taking a lady from another community in his car, attacked by violent mob: Act of mob moral policing? Ker HC unfolds
Kerala High Court: Calling it to be ‘moral policing’ K. Haripal, J., addressed a matter wherein a man had taken a lady
Does pointing towards victim’s hiding place make one a part of a “murderous” unlawful assembly? “Not brave enough” at most, holds SC
Supreme Court: In a case where an accused merely pointed to the house where the victim was hiding, thereby helping a fully
Madras HC | Zero tolerance for Advocates’ unlawful conduct: HC to ensure that activities of some advocates do not spoil image of entire profession
Madras High Court: N. Anand Venkatesh, J., while addressing the present petition expressed that: “This is the third occasion, in the last
[CAA Protests] Karkardooma Court |”Peaceful protest is the essential right in a vibrant democracy as of ours, but this right is subject to certain exceptions”
Karkardooma Court: Naveen Gupta, Additional Session Judge, while addressing a bail application filed, denied the same and held that, A peaceful protest is
Ker HC | Bail granted in absence of allegations of an overt act against the accused who was a member of unlawful assembly
Kerala High Court: Raja Vijayaraghavan V., J. allowed this bail application registered under Section 439 of the Code of Criminal Procedure, 1973.
Pat HC | Session Court’s order on juvenile being guilty of being a part of unlawful assembly quashed by High Court due to improper evidence and being protected under Juvenile Justice Act
Patna High Court: Ahsanuddin Amanullah, J. allowed a petition seeking to quash an order of the Sessions court on the ground that