Share Tweet Plus One Pin It Email Print By: Ashok K.M May 27, 2018 11:30 am Change Font Size I must record that it is shocking to note that the learned Session Judge also failed to appreciate the legal position and erroneously rejected the prayer of the petitioner on the ground of “seriousness of offence and participation of the petitioner into the commission of crime”, the court said. A man accused of certain bailable offence filed a plea before the Sessions Court in Shekhpura district in Bihar seeking anticipatory bail. The Sessions Court dismissed his plea, not because it is not maintainable, but on the ground of “seriousness of offence and participation of the petitioner into commission of crime”. Aggrieved with this dismissal, the accused approached the high court and the case came up before Justice Ashwani Kumar Singh. Justice Singh said it is shocking to note that the Sessions judge failed to appreciate the legal position in … [Read more...] about Patna HC ‘Explains’ Law On Anticipatory Bail To Sessions Judge, Lawyers [Read Order]
Anticipatory bail
CBSE Paper Leak: Delhi Court Grants Anticipatory Bail to School Principal
Share Tweet Plus One Pin It Email Print By: Live Law May 21, 2018 6:43 pm Change Font Size A Delhi court has granted anticipatory bail to the principal of a private school who is being interrogated in connection with the leak of CBSE Class XII Economics question paper. Judge Ajay Gupta granted anticipatory bail to the principal of Mother Khazani School, a private school in northwest Delhi. The principal was being interrogated after the police arrested two teachers of the school who took photographs of the question paper and sent it to a tutor of a coaching centre. Following the arrest of two teachers, the CBSE had issued show cause notice to the school, which was one of the centres for conducting Board examination. Advocate Harsh K Sharma, founder of Prosoll Law Inc., appeared for the principal and argued that he has been falsely implicated in the case and that he was only the exam superintendent of the centre and did not have custody of the question papers … [Read more...] about CBSE Paper Leak: Delhi Court Grants Anticipatory Bail to School Principal
Breaking: Should Anticipatory Bail Be Granted For Limited Period Of Time: Issue Referred To Constitution Bench [Read Order]
Share Tweet Plus One Pin It Email Print By: Ashok K.M May 15, 2018 9:44 pm Change Font Size We are of the prima facie view that the Constitution Bench in Sibbia has not laid down the law that once an anticipatory bail, it is an anticipatory bail forever, the bench observed. A three-judge bench of the Supreme Court has referred to a larger bench the following two questions in the matter of pre-arrest bail: Whether the protection granted to a person under Section 438 CrPC should be limited to a fixed period so as to enable the person to surrender before the trial court and seek regular bail. Whether the life of an anticipatory bail should end at the time and stage when the accused is summoned by the court. The bench headed by Justice Kurian Joseph was considering this issue as it noted divergent views in earlier decisions as to whether an anticipatory bail should be for a limited period of time. There are quite a number of judgments that place reliance on … [Read more...] about Breaking: Should Anticipatory Bail Be Granted For Limited Period Of Time: Issue Referred To Constitution Bench [Read Order]
Forwarding Social Media Posts Equal To Endorsing It: Madras HC Denies Anticipatory Bail To BJP Leader S Ve Shekher
Share Tweet Plus One Pin It Email Print By: Ashok K.M May 11, 2018 4:47 pm Change Font Size When a celebrity-like person forwards messages like this, the common public will start believe it that this type of things are going on, the court said. While rejecting anticipatory bail plea of journalist turned BJP leader S Ve Shekher who allegedly shared a derogatory Facebook post on women journalists, the Madras High Court has observed that sharing or forwarding a message in social media is equal to accepting and endorsing the message. What is said is important, but who has said it, is very important in a society because people respect persons for the social status. When a celebrity-like person forwards messages like this, the common public will start believe it that this type of things are going on. This sends a wrong message to the society at a time when we are talking about women empowerment, Justice S Ramathilagam said in the order. S Ve Shekher, in his petition, … [Read more...] about Forwarding Social Media Posts Equal To Endorsing It: Madras HC Denies Anticipatory Bail To BJP Leader S Ve Shekher
Lawyer Claiming Percentage On Permanent Alimony Given To His Client Is Illegal: Orissa HC Denies Anticipatory Bail To Lawyer [Read Order]
Share Tweet Plus One Pin It Email Print By: Ashok K.M May 4, 2018 1:04 pm Change Font Size The conduct of members of the legal profession who do not follow ethics contributes to obstruction of administration of justice, the court said While rejecting anticipatory bail plea of a lawyer accused of cheating his client, the Orissa High Court observed that a lawyer claiming percentage on the permanent alimony given to his client, as fees, is illegal. The allegation of the client against the lawyer was that he was in hand in glove with her husband although he was her advocate for the divorce case and he conspired with her husband and created forged documents in order to cheat her. Justice SK Sahoo took note of legal notice issued on behalf of the lawyer to a lady client wherein it was indicated that his client had promised to give 10% of the amount of permanent alimony which she would get and therefore, she has to clear such amount. The court referring to recent apex … [Read more...] about Lawyer Claiming Percentage On Permanent Alimony Given To His Client Is Illegal: Orissa HC Denies Anticipatory Bail To Lawyer [Read Order]