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, […]
When and how to initiate contempt proceedings before High Court?
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 […]
The second appeal shall be heard ONLY on the substantial question(s) of law framed by the High Court under Section 100 (4) of the CPC.
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.
Magistrate suo-moto cannot pass an order for further investigation in a criminal case.
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