Comity of Courts - The Legal Chamber

The Supreme Court held that a coordinate bench cannot modify or relax bail conditions imposed by an earlier bench absent gross error or changed circumstances, emphasizing judicial discipline, finality of orders, and sanctity of verdicts. Cancellation of bail requires proof of breach, not mere apprehension. Trial courts must avoid unwarranted criticism of court-appointed special public prosecutors. Facts Of The Case: The case arises from a murder conspiracy allegation registered on 8th October 2019, wherein Sk. Md. Anisur Rahaman and co-accused were charged under Sections 302/120B IPC and Arms Act for the killing of a political rival. Anisur was arrested on 16th November 2019 and trial commenced before the 3rd Additional Sessions Judge, Tamluk. On 26th February 2021, the West Bengal gover...

This Supreme Court judgment underscores that the child's welfare is the paramount consideration in custody disputes, overriding parental legal rights. It affirms the use of habeas corpus for child custody, directing interim custody to the natural guardian while prioritizing a stable environment and ordering the initiation of proceedings under the Guardians and Wards Act, 1890. Facts Of The Case: The case involves a matrimonial dispute between Sandeep Kumar (father) and Latika Arora (mother) concerning their two children. In May 2021, the mother travelled to the UK with their daughter, 'Miss N', but left their son, 'Master K', in India with her parents without the father's knowledge or consent. The father, unaware of his son's whereabouts, initiated proceedings in the UK High ...

Tag: Comity of Courts

Political Patronage, Hostile Witnesses, and Fair Trial: Supreme Court Declines to Cancel Bail in High-Profile Murder Case

Deception in Court Backfires: Supreme Court Awards Custody to Father in Habeas Corpus Case