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Month: June 2020

Legal Litigation against Y S Jagan Mohan Reddy

Posted on June 28, 2020 by ShadesOfKnife

Here is a compendium of litigation against Y S Jagan Mohan Reddy.

  1. C.C. No. 01 of 2012 [Principal Special Judge for CBI Cases at Hyderabad; Sections 120-B, 379, 409, 411, 420, 427, 447 and 468 of Indian Penal Code (for short “I.P.C.”)and under Section 13 (2) read with Section 13 (1) (d) of Prevention of Corruption Act (for short “P.C.Act”)]
  2. C.C. No. 25 of 2013 [Principal Special Judge for CBI Cases at Hyderabad; Sections 120-B and 420 of I.P.C. and under Section 13 (2) read with Section 13 (1) (d) of P.C.Act]
  3. W.P. (Civil) No. 4124 of 2020 at Delhi High Court [Anna YSR Congress Party Vs The Election Commissioner of India thru it’s Chief Election Commissioner and Anr]. Last update here.
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Work-In-Progress Article | Leave a comment

LG Polymers India Private Limited Vs Andhra Pradesh Pollution Control Board

Posted on June 28, 2020 by ShadesOfKnife

Supreme Court had passed an interim order on 15-06-2020, staying the NGT Order to appropriate the 50 Crores deposited by LG Polymers for 10 Days.

LG Polymers India Private Limited Vs Andhra Pradesh Pollution Control Board on 15 June 2020

In this Order dated 26-06-2020, Supreme Court extended the stay for 2 more weeks.

LG Polymers India Private Limited Vs Andhra Pradesh Pollution Control Board on 15 June 2020

A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YSRC Party are here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged In Re Poisonous gas leakage in Visakhapatnam LG Polymers India Private Limited Vs Andhra Pradesh Pollution Control Board Reprimands or Setbacks to YCP Govt of Andhra Pradesh Work-In-Progress Article | Leave a comment

Kailash Kishanrao Gorantyal Vs Arjun Panditrao Khotkar on 24 November 2017

Posted on June 27, 2020 by ShadesOfKnife

 

Kailash Kishanrao Gorantyal Vs Arjun Panditrao Khotkar on 24 November 2017

Citations: [

Other Source links:

 


A Civil Appeal was filed at Supreme Court challenging above judgment here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged Election Matter Kailash Kishanrao Gorantyal Vs Arjun Panditrao Khotkar Work-In-Progress Article | Leave a comment

CrPC 167 – Procedure when investigation cannot be completed in twenty-four hours

Posted on June 25, 2020 by ShadesOfKnife

(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.
(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:
Provided that—
(a) the Magistrate may authorise the detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding—
(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;
(ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;
(b) no Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage;
(c) no Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police.
Explanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused shall be detained in custody so long as he does not furnish bail.
Explanation II.—If any question arises whether an accused person was produced before the Magistrate as required under clause (b), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be:
Provided further that in case of a woman under eighteen years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution.
(2A) Notwithstanding anything contained in sub-section (1) or sub-section (2), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Judicial Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Judicial Magistrate or Metropolitan Magistrate have been conferred, a copy of the entry in the diary hereinafter prescribed relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where no order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account in computing the period specified in paragraph (a) of the proviso to sub-section (2):
Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be.
(3) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing.
(4) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.
(5) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary.
(6) Where any order stopping further investigation into an offence has been made under sub-section (5), the Sessions Judge may, if he is satisfied, on an application made to him or  otherwise, that further investigation into the offence ought to be made, vacate the order made under sub-section (5) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify.


Index of all Bail matters is here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 167 - Procedure when investigation cannot be completed in twenty-four hours | Leave a comment

CrPC 91 – Summons to produce document or other thing

Posted on June 25, 2020 by ShadesOfKnife

(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed—
(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers’ Books Evidence Act, 1891 (13 of 1891), or
(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 91 - Summons to produce document or other thing | Leave a comment

CrPC 207 – Supply to the accused of copy of police report and other documents

Posted on June 25, 2020 by ShadesOfKnife

In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:—
(i) the police report;
(ii) the first information report recorded under section 154;
(iii) the statements recorded under sub-section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (6) of section 173;
(iv) the confessions and statements, if any, recorded under section 164;
(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) of section 173:
Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:
Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 207 - Supply to the accused of copy of police report and other documents | Leave a comment

L. Krishna Reddy Vs State on 24 October 2013

Posted on June 22, 2020 by ShadesOfKnife

 

L. Krishna Reddy Vs State on 24 October 2013

Citations: [2013 BOMCR CRI SC 4 608], [2014 JLJR SC 1 75], [2013 AIR SC 6202], [2014 SCC 14 401], [2013 SUPREME 7 765], [2014 RCR CRIMINAL SC 1 140], [2013 SCALE 13 259], [2013 AIOL 708], [2015 SCC CRI 1 376], [2013 CRIMES SC 4 485], [2013 SCC ONLINE SC 957], [2013 AIC 132 33], [2014 CUTLT 117 975], [2013 AIR SC SUPP 423], [2013 ALLCC 83 947], [2014 NCC 1 280], [2014 CCR SC 1 9], [2014 SCJ 3 735], [2014 DMC 1 107], [2013 JT SC 14 543], [2014 OLR 1 323], [2014 CLT 117 975], [2014 UC 1 59], [2013 MLJ CRI 4 535]

Other Source links:

https://indiankanoon.org/doc/47377728/

https://www.casemine.com/judgement/in/5609af3de4b0149711415e9f


Index of Discharge Judgments u/s 227 are here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 227 - Discharged L. Krishna Reddy Vs State Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Video Conferencing Guidelines of Courts in India

Posted on June 22, 2020 by ShadesOfKnife
  • Supreme Court of India here.
  • High Court of Andhra Pradesh here.
  • High Court of Delhi here.
  • High Court of Karnataka

 

 


MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Summary Post Video Conferencing | Leave a comment

CrPC 205 – Magistrate may dispense with personal attendance of accused

Posted on June 21, 2020 by ShadesOfKnife

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 205 – Magistrate may dispense with personal attendance of accused | Leave a comment

High Court of Delhi Rules for Video Conferencing for Courts 2020

Posted on June 20, 2020 by ShadesOfKnife

Delhi High Court has opened it’s proceedings to Public in a structured manner via this Circular.

DHC Notice - Public viewing of court proceedings

DHC has issued these Rules on 01 June 2020.

High Court of Delhi Rules for Video Conferencing for Courts 2020 Notification on 01 June 2020

Here are Comprehensive guidelines issued in December 2019.

Comprehensive Guidelines Mutual Legal Assistance on 17 December 2019
Posted in High Court of Delhi Judgment or Order or Notification | Tagged Public viewing of Court Proceedings | Leave a comment

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