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Trial Court

Case BriefsForeign Courts

SA HC | Discernment of a trial court not to be altered unless justified

South Africa High Court, Free State Division, Bloemfontein: A Division Bench of Mathebula and Chesiwe, JJ. dismissed the present appeal against convictions

Published on June 18, 2019June 18, 2019By Bhumika Indulia
Leave a comment1929 views
Case BriefsHigh Courts

HP HC | When two reasonable conclusions are possible, the Appellate Court should not disturb the acquittal recorded by trial court

Himachal Pradesh High Court: Chander Bhusan Barowalia, J. dismissed a petition finding no merit in the appeal as when two reasonable conclusions are

Published on May 29, 2019June 4, 2019By Bhumika Indulia
Leave a comment2500 views
Case BriefsHigh Courts

All HC | Couple accused of murder – sentenced to death by Sessions Court, acquitted for prosecution’s failure to prove guilt beyond reasonable doubt

Allahabad High Court: A Division Bench of Ramesh Sinha and Dinesh Kumar Singh-I, JJ. allowed the appeal filed by a couple accused

Published on May 29, 2019June 4, 2019By Bhumika Indulia
Leave a comment4385 views
Case BriefsHigh Courts

Madras HC | A party cannot approach HC directly for vacating an injunction without exhausting effective remedy available

Madras High Court: M. Govindaraj, J. disposed of a civil miscellaneous appeal, giving the appellant liberty to approach the trial court with appropriate

Published on May 29, 2019May 31, 2019By Bhumika Indulia
Leave a comment2523 views
Case BriefsHigh Courts

Del HC | Conviction under POCSO set aside where Amicus Curiae found to make no serious efforts to defend the accused

Delhi High Court: In view of the failure of justice on account of lack of effective cross-examination of prosecution witnesses, Sanjeev Sachdeva,

Published on May 17, 2019May 23, 2019By Bhumika Indulia
Leave a comment3399 views
Case BriefsHigh Courts

Jhar HC | Revisional jurisdiction of High Court to be exercised sparingly, only in cases of glaring injustice by trial court

Jharkhand High Court: The Bench of Deepak Roshan, J. dismissed a revision application seeking to set aside the lower courts’ order acquitting

Published on May 14, 2019May 17, 2019By Bhumika Indulia
Leave a comment2158 views
Case BriefsForeign Courts

SA HC | If no material misdirection by the Trial Court found, it is to be presumed to be correct

South Africa High Court, Kwazulu-Natal Division: This appeal was filed before a Division Bench of Gorven, J and Ntshulana, AJ preferred against

Published on May 13, 2019May 13, 2019By Bhumika Indulia
Leave a comment1935 views
Case BriefsHigh Courts

HP HC | Jurisdiction of First Appellate Court is wide and akin to that of trial court – can appreciate findings of fact and law and appreciate entire evidence

Himachal Pradesh High Court: The Bench of Tarlok Singh Chauhan, J. allowed an appeal challenging the judgment of first appellate court whereby

Published on May 3, 2019May 7, 2019By Bhumika Indulia
Leave a comment2969 views
Case BriefsHigh Courts

Del HC | Trial Court can award maintenance under S. 125 CrPC on basis of admissions on record, proving factum of marriage in every case not necessary

Delhi High Court: Sanjeev Sachdeva, J.dismissed a petition filed against the order of the trial court whereby it had recalled its earlier order

Published on April 12, 2019April 18, 2019By Bhumika Indulia
Leave a comment3918 views
Case BriefsSupreme Court

Courts can’t assume fabrication of dying declaration by IO in absence of proof

Supreme Court: The bench of MM Shantanagoudar and Dinesh Maheshwari, JJ has held that it cannot be laid down as an absolute

Published on February 19, 2019February 27, 2019By Prachi Bhardwaj
Leave a comment4823 views
Case BriefsHigh Courts

Closure report not binding on trial court; cognizance of case not to be taken after filling of closure report without directing further investigation

Delhi High Court: A Single Judge Bench comprising of Rekha Palli, J. declined to exercise extraordinary jurisdiction under Section 482 CrPC against the

Published on December 31, 2018January 2, 2019By Bhumika Indulia
Leave a comment7738 views
Case BriefsSupreme Court

Factors guiding exercise of discretion by Judge under Section 231 (2) CrPC, “practice guidelines” for trial court in conducting criminal trial stated: SC

Supreme Court: A Bench comprising of A.M. Sapre and Indu Malhotra, JJ. while allowing an appeal filed against the judgment of Kerala High

Published on October 31, 2018November 5, 2018By Bhumika Indulia
Leave a comment7825 views
Case BriefsHigh Courts

Ex parte decision of trial court without making any endeavours towards reconciliation under Hindu Marriage Act, 1955 set aside

Chhattisgarh High Court: In a first appeal referred to the Single Judge Bench comprising of Sharad Kumar Gupta, J., the impugned judgment

Published on May 16, 2018June 29, 2018By Saba
Leave a comment3606 views
Case BriefsHigh Courts

Participate actively in court proceedings, Tripura HC directs trial Judges

Tripura High Court: Recently, the Court decided an appeal against the acquittal by a Sessions Court in Tripura which had set aside the

Published on February 27, 2017March 10, 2017By Saba
Leave a comment4444 views
Case BriefsSupreme Court

A judgment announced but not available on records cannot be considered a ‘judgment’

Supreme Court: Reminding the courts of their judicial duties, the bench of Dipak Misra and Amitava Roy, JJ said that a trial

Published on January 6, 2017March 1, 2017By Prachi Bhardwaj
Leave a comment9315 views
Case BriefsHigh Courts

Trial Court should state the basis for arriving at an opinion

Madhya Pradesh High Court: Stating that the Trial Court should never consider itself as a “Post Officer or a mouth piece of

Published on June 23, 2016July 22, 2016By Sucheta
Leave a comment6501 views

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