Tag: trial court order

Can In-Laws Be Summoned for Murder if Not Named in the Chargesheet? Supreme Court Answers
2Mar By The Legal ChamberNo Comments
Supreme Court

Can In-Laws Be Summoned for Murder if Not Named in the Chargesheet? Supreme Court Answers

This Supreme Court judgment clarifies the principles for summoning additional accused under Section 319 CrPC, holding that courts must apply a "strong and cogent evidence" standard—stricter than a prima facie case but short of conviction-weight evidence. It emphasizes that evidentiary reliability, witness credibility, and dying declaration admissibility are trial-stage determinations, not preliminary considerations. Facts Of The Case: The case originated from an FIR lodged on March 25, 2021, by the appellant, Neeraj Kumar, alleging that his sister, Nishi, was shot by her husband, Rahul, at her matrimonial home. The information was conveyed to the appellant by his nine-year-old niece, Shristi, who witnessed the incident. During the investigation, the deceased's statements were recorded tw...
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Supreme Court: High Court Approval Must for Withdrawing Cases Against MPs and MLAs
27Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court: High Court Approval Must for Withdrawing Cases Against MPs and MLAs

The Supreme Court held that for withdrawing prosecution against sitting or former MPs/MLAs, the State must seek the High Court's permission under the mandate of Ashwini Kumar Upadhyay. The Public Prosecutor must disclose all reasons for seeking withdrawal, enabling the High Court to apply its judicial mind and pass a reasoned order. Facts Of The Case: The appellant, Bal Kumar Patel @ Raj Kumar, was the subject of multiple First Information Reports (FIRs) registered in June 2007 at Police Station Kotwali Nagar, Raebareli. These included Case Crime No. 656/07 and others under Sections 25, 27, 30 of the Arms Act, as well as Sections 420, 467, 468, and 471 of the Indian Penal Code concerning an arms license. Following investigation, a chargesheet was filed, and the Chief Judicial Magistrate,...
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Landmark Ruling: Supreme Court Clarifies Grounds for Rejecting a Plaint Under Order VII Rule 11
9Feb By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling: Supreme Court Clarifies Grounds for Rejecting a Plaint Under Order VII Rule 11

The Supreme Court upheld the High Court's decision to restore the suit, affirming that rejection of a plaint under Order VII Rule 11 CPC is a threshold scrutiny. Contentions regarding cause of action, limitation, and res judicata are mixed questions requiring a full trial, not adjudication at the preliminary stage. Facts Of The Case: The case originated from a civil suit (O.S. No.26246 of 2023) filed by the respondents (Archbishop of Bangalore & Others) against the appellant, C.M. Meenakshi, and others. The plaintiffs sought a declaration of absolute ownership over a scheduled property in Bangalore, cancellation of two sale deeds from 2014 and 2020, and permanent injunctions to prevent any alteration or alienation of the property. During the suit's pendency, defendants 1 to 8 f...
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Mandatory Rules for Ex-Parte Injunctions: A Key Reminder from the Supreme Court
13Sep By The Legal ChamberNo Comments
Supreme Court

Mandatory Rules for Ex-Parte Injunctions: A Key Reminder from the Supreme Court

The Supreme Court emphasized that Order 39 Rule 3 CPC mandates recording reasons for granting ex parte injunction and strict compliance with procedural obligations by the applicant. Non-compliance warrants vacation of the ex parte order without adjudicating merits, ensuring the opposite party is not deprived of an early hearing. Facts Of The Case: The petitioner, Time City Infrastructure and Housing Limited, filed a civil suit claiming ownership and possession of certain land parcels in District Barabanki, based on an Agreement to Sell from 2015 and a subsequent Sale Deed from April 2025. The plaintiff alleged that peaceful physical possession was handed over in 2015 upon full payment, after which they developed the land with significant investment. The Civil Judge (Senior Division...
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