Tag: Work-In-Progress Article
Braj Mohan Mahajan Vs Bar Council of State of Madhya Pradesh and Ors on 11 Sep 2018
MP High Court held that, a person who is not convicted but merely accused cannot be denied entry into the State Bar Council rolls.
Braj Mohan Mahajan Vs Bar Council of State of Madhya Pradesh and Ors on 11 Sep 2018Citation :
Other Sources :
Later on, this advocate had trouble with AIBE exam also here.
Pidathala Satyam Babu Vs State of Andhra Pradesh on 13 Jan 2013
Pidathala Satyam Babu Vs State of Andhra Pradesh on 13 Jan 2013_compressed
Citations :
Other Sources :
https://indiankanoon.org/doc/36915031/
Dr. Rajesh Pratap Giri Vs State of U.P. and Anr on 05 Mar 2021
A bench of three-judges categorically held that, once an Anticipatory Bail is granted it protected the grantee/accused until the end of trial and there is no need to obtain Regular Bail, after Charge sheet is filed by Police into the Court. This cites the 5-judge constitution bench decision in Sushila Aggarwal here.
Dr. Rajesh Pratap Giri Vs State of U.P. and Anr on 05 Mar 20218. In view of the above, we are of the opinion that the High Court wrongly held that the anticipatory bail granted to the appellant by the Trial Court vide order dated 21.10.2019 had come to an end with the filing of the chargesheet. We therefore set aside the impugned orders passed by the High Court and restore the anticipatory bail granted to the appellant by the Trial Court vide order dated 21.10.2019.
Citations :
Other Sources :
https://indiankanoon.org/doc/161262593/
Index of all Anticipatory Bail Matters is here
State of Karnataka Vs M. Devendrappa and Anr on 16 Jan 2002
A 3 judge bench citing Bhajan lal judgment here, held as follows:
In dealing with the last case, it is important to bear in mind the distinction between a case where there is no legal evidence or where there is evidence which is clearly inconsistent with the accusations made, and a case where there is legal evidence which, on appreciation, may or may not support the accusations. When exercising jurisdiction under Section 482 of the Code, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is function of the trial Judge. Judicial process should not be an instrument of oppression, or, needless harassment. Court should be circumspect and judicious in exercising discretion and should take all relevant facts and circumstances into consideration before issuing process, lest it would be an instrument in the hands of private complainant as unleash vendetta to harass any person needlessly.
Finally, it was held that, there were grounds to Quash the proceedings, by saying,
State of Karnataka Vs M. Devendrappa and Anr on 16 Jan 2002the involvement of excise officials cannot be ruled out and when they have been indicated to be witnesses, likelihood of prejudice cannot be ruled out. It was also noted that there was no “definite evidence” to show that accused nos. 1&2 were directly involved. Finally, it was observed that there was no material to hold that the accused persons had committed theft of “Letter Heads” from Karnataka Bank Ltd., and/or they had committed forgery for the purpose of cheating or have used genuine forged documents or had cheated the government. Finally, it was observed that there was no evidence to infer common intention to commit such offences.
Citations : [2002 SCC 3 89], [2002 SCALE 1 176], [2002 AIR SC 671], [2002 SCR 1 275], [2002 CRLJ SC 998], [2002 SCC CRI 539], [2002 UJ SC 1 362], [2002 AIR SC 286], [2002 SUPREME 1 192], [2002 ACR SC 1 605], [2002 ALD CRI 1 412], [2002 SCSUPPL CHN 2 21], [2002 UC 1 294], [2002 AIR SCW 286], [2002 JT SC 1 213]
Other Sources :
https://indiankanoon.org/doc/1014506/
https://www.casemine.com/judgement/in/5609adc4e4b0149711412362
Nandini Satpathy Vs PL Dani and Anr on 07 Apr 1978
Nandini Satpathy Vs PL Dani and Anr on 07 Apr 1978
Citations :
Other Sources:
https://indiankanoon.org/doc/1938988/
https://www.casemine.com/judgement/in/5609abcce4b014971140d5d5
State of Haryana Vs State of Punjab and Anr on 15 Jan 2002
Governments cannot be allowed to waste State Exchequer
It is an admitted fact that for construction of the Punjab portion of SYL Canal, more than Rs 560 crores have already been spent, as is apparent from Ext. P-13 and the entire money has been paid by the Government of India. It is indeed a matter of great concern that while huge amount of public exchequer has been spent in the construction of the canal and only a few portion of the canal within the territory of Punjab has not been dug, the canal is not being put to use on the mere insistence of the State of Punjab. The attitude of the State of Punjab to say the least, is wholly unreasonable, dogmatic and is against the national interest. It is equally a matter of great concern for this Court that the Central Government is taking an indifferent attitude in the matter and is only trying to while away the time, even though it continues to pay the State of Punjab substantially, even for the maintenance of the operation of canal that has already been dug.
and…
That apart, more than Rs 700 crores of public revenue cannot be allowed to be washed down the drain, when the entire portion of the canal within the territory of Haryana has already been completed and major portion of the said canal within the territory of Punjab also has been dug, leaving only minor patches within the said territory of Punjab to be completed.
Here is the casemine version
State of Haryana Vs State of Punjab and Anr on 15 Jan 2002 (Casemine)Here is the Indiankanoon version
State of Haryana Vs State of Punjab and Anr on 15 Jan 2002Citations : [2002 SCALE 1 238], [2002 AIR SC 303], [2002 SUPREME 1 14], [2002 SCC 2 507], [2002 AIR SC 685], [2002 AIR SCW 303]
Other Sources :
https://indiankanoon.org/doc/255258/
https://www.casemine.com/judgement/in/5609adaee4b0149711411f5b
Rithvik Balanagraj B and Anr Vs BCI and Ors
Two law students moved Karnataka High Court challenging BCI, KSLU decision to hold intermediate semester exams. Here is the Petition…
Rithvik Balanagraj B and Ors Vs BCI and Ors PetitionThe Last status as on posting this message
Relevant News report: https://www.barandbench.com/news/litigation/two-law-students-petition-karnataka-hc-circulars-bci-kslu-intermediate-semester-exams
Earlier News Report (wherein the PIL was dismissed): https://www.livelaw.in/news-updates/law-students-move-karnataka-high-court-challenging-kslu-circular-for-holding-exams-165928
