In this section, I write about practice and procedure followed in the Hon’ble Supreme Court of India
Comprehensive Guide to Filing a Transfer Petition in the Supreme Court of India: Procedure, Grounds, and FAQs Download this Blog in PDF Download Transfer Petition Proforma Introduction A Transfer Petition (Civil) can be filed under Article 139A of the Constitution of India, read with Section 25 of the Code of Civil Procedure, 1908 (CPC), and … Read more
Introduction Any person is prone to mistakes and judiciary is no exception. Article 137 of the Constitution of India The Constitution of India through Article 137 confers upon the Hon’ble Supreme Court of India the power to review any judgment pronounced or order made by it, in the following terms:- 137. Review of judgments or … Read more
Click here to Download the PDF file of the Supreme Court Rules, 2013 In exercise of the powers conferred by Article 145 of the Constitution, and all other powers enabling it in this behalf the Supreme Court hereby makes, with the approval of the President, the following rules, namely : PART-I GENERAL Order I : … Read more
Before answering above question, I would first go through the law of Contempt of courts. Contempt of Court refers to showing disrespect to the dignity or authority of the court. Civil Contempt According to Section 2 (a) of the Contempt of Courts Act 1971, contempt of courts civil contempt or criminal contempt. Section 2(b) defines … Read more
The High Court admitted the second appeal on six questions but did not answer any of them on merits and instead went into discussion on all other issues, which were not the subject matter of the six questions framed and allowed the second appeal as if it was deciding the first appeal.
In the instant case, the investigating authority did not apply for further investigation and that the learned Magistrate suo moto passed an order for further investigation and directed the investigating officer to further investigate and submit the report, which is impermissible under the law. Such a course of action is beyond the jurisdictional competence of the Magistrate. Therefore, that part of the order passed by the learned Magistrate ordering further investigation after he discharges the accused, cannot be sustained and the same deserves to be quashed and set aside. Consequently, the impugned judgment and order passed by the High Court confirming such an order passed by the learned Magistrate also deserves to be quashed and set aside. At the same time, it will always be open for the investigating officer to file an appropriate application for further investigation and undertake further investigation and submit a further report in exercise of powers under Section 173(8) of the CrPC