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Judicial discipline

IN RE: REMARKS BY HIGH COURT JUDGE DURING COURT PROCEEDINGS versus

The observations made by the High Court Judge during the cited proceedings were unrelated to the course of proceedings and should have been eschewed; having accepted the apology tendered in open court and to preserve the institutional dignity of the High Courts and their Judges, the Supreme Court declined to issue notice or pursue the suo motu proceedings further while expressing serious concern about references to gender and to a segment of the community.

Source excerpt

  • Misogynistic remarks
  • Live streaming of court proceedings
  • Judicial conduct
  • Apology and institutional dignity
  • Suo motu proceedings
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Criminal procedure

DEEPAK KUMAR SHRIVAS & ANR versus STATE OF CHHATTISGARH & ORS.

The appeal is allowed and the proceedings arising out of FIR No.248 of 2022 are quashed because a prior enquiry recorded counter-allegations including that respondent no.6 had paid Rs.4 lakhs, respondent no.6 was aware of the earlier complaint yet lodged the FIR after an unexplained delay of about three years, and the material indicates the FIR was lodged to recover money by coercion rather than for genuine criminal prosecution; police must exercise heightened caution in such disputes.

Source excerpt

  • Quashing of fir
  • Abuse of process
  • Delay in lodging fir
  • Police caution in private disputes
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Administration of justice

SANJAY KUNDU versus REGISTRAR GENERAL, HIGH COURT OF HIMACHAL PRADESH & ORS

The High Court's direction transferring the petitioner out of the post of DGP was a patent error of jurisdiction and amounted to a miscarriage of procedural justice because the petitioner was neither impleaded nor heard; that direction is set aside. However, the High Court's directions that an objective investigation be overseen by a Special Investigation Team and that protection be considered for the complainant and his family are sustained; the State is directed to constitute an SIT of IG-level officers who shall not report to the petitioner for the purpose of the investigation, and to prov…

Source excerpt

  • Audi alteram partem
  • Miscarriage of procedural justice
  • Error of jurisdiction
  • Constitution of special investigation team
  • Police investigation transfer
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Administration of justice

AMBALAL PARIHAR versus STATE OF RAJASTHAN & ORS.

Filing an SB Civil Writ Petition to club and consolidate FIRs, when done to avoid the roster judge and obtain interim protection in relation to criminal proceedings, constitutes gross abuse of process and forum hunting; such petition was liable to be dismissed and costs imposed; the roster discipline must be observed and matters of that category should be placed before the judge assigned by the Chief Justice.

Source excerpt

  • Abuse of process
  • Forum hunting
  • Clubbing of firs
  • Section 482 crpc
  • Writ jurisdiction
  • Roster discipline
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Banking

KOTAK MAHINDRA BANK LIMITED versus NARENDRA JAYANTILAL TRIVEDI & ANR.

The Division Bench erred in granting and continuing an ex-parte ad-interim stay and in permitting withdrawal of the Letters Patent Appeal while simultaneously directing that prior observations of the Single Judge/DRT be ignored; such conduct amounted to enabling abuse of process and stalling of SARFAESI recovery proceedings, and therefore paragraphs 3(ii), 3(iii) and 4 of the impugned order were quashed and the ex-parte interim order was vacated.

Source excerpt

  • Stay orders
  • Letters patent appeal
  • Writ petition under article 226
  • Abuse of process
  • Costs
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Consumer protection

L & T FINANCE LTD. versus PRAMOD KUMAR RANA & ANR.

The Supreme Court held that issuance of bailable warrants against the director was not warranted at the interlocutory stage because the company was represented by counsel and authorised representatives, there were no specific allegations against the director, and a review application was pending; therefore the orders of the National Commission directing personal appearance and issuing bailable warrants were quashed while preserving the Commission's power to require director's presence in future after giving opportunity to parties.

Source excerpt

  • Bailable warrants
  • Personal appearance of company director
  • Representation by authorised representatives and counsel
  • Review application against tribunal order
  • Allegations of coercion in settlement
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Administration of justice

ISHWARLAL MALI RATHOD versus GOPAL AND ORS.

The SLP was dismissed because the petitioner misused repeatedly granted adjournments, failed to avail multiple opportunities (including last chances with costs) to cross-examine the plaintiff's witness, and therefore the trial court and the High Court were justified in closing his right to cross-examine, making dismissal of the SLP appropriate.

Source excerpt

  • Abuse of process
  • Repeated adjournments
  • Delay in disposal of suits
  • Right to cross-examination
  • Eviction suits
  • Duties of advocates and courts
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Criminal law

NAVEEN SINGH versus THE STATE OF UTTAR PRADESH & ANR.

The High Court's grant of bail was quashed because it failed to advert to the seriousness and gravity of the offences of forging/manipulating court records, and did not account for the fact that the accused was the beneficiary of the forged/manipulated court order and a prima facie case had been made out with charges framed; filing of a charge-sheet alone is not a ground for granting bail.

Source excerpt

  • Forgery of court records
  • Tampering with court records
  • Grant of bail
  • Ipc sections 420, 467, 468, 471, 120-b
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Service law

THE GOVT. OF INDIA & ANR. versus P. VENKATESH

A delayed claim for compassionate appointment, raised over a decade after the death of the employee, defeats the essential purpose of such employment and takes away the very basis of providing it; such claims are liable to be rejected as their staleness negates immediate need.

Source excerpt

  • Compassionate appointment
  • Delay/laches
  • Speedy disposal of cases
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Administration of justice

SURAZ INDIA TRUST versus UNION OF INDIA

Repeated filing of misconceived petitions and groundless contempt applications by Suraz India Trust constitute abuse of the Supreme Court's process. Judicial time, a valuable resource, must be protected from such misuse. Consequently, the petitioner and its representative are barred from further public interest litigation and exemplary costs are imposed.

Source excerpt

  • Abuse of process
  • Public interest litigation
  • Contempt of court
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.