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9999_2017_31_1504_27750_Judgement_20-Apr-2021.pdf
154.4 KB
DRAFT CRIMINAL RULES ON PRACTICE, 2021

IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS
3 judge bench decision.

Read all abd see whether trial court is adhering to these guidelines or not.

#BNSS@CurrentLegalGK
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Can Another Bench Pursue Contempt Action When CJI Has Pardoned Advocate For Shoe-Hurling Bid? Supreme Court Asks In SCBA Plea https://www.livelaw.in/top-stories/supreme-court-scba-versus-rakesh-kishore-shoe-attack-on-cji-br-gavai-307914
Whether contempt proceedings can be initiated by another bench once the presiding judge who faced the act has chosen not to do so.

β€œThrowing of a shoe or shouting slogans are contemptuous acts on the face of the court under Section 14. In such cases, it is left to the judge concerned to decide whether to initiate contempt. The CJI in his magnanimity chose to ignore. Is it within the domain of another bench or even the Attorney General to give consent for contempt? Please see Section 15,” Justice Bagchi remarked.

It would consider issuing guidelines to prevent the glorification of such acts.


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urban-627801.pdf
1.1 MB
Urban Infrastructure Real Estate Fund
v.
Neelkanth Realty Pvt. Ltd.

2025

Page 92 to 96 on principles dealing with Demurrer claim.
Summary:
while the decision on the objection or the plea raised by way of demurrer would be given assuming that the averments of the plaint are true, the defendant, would simultaneously reserve the right to show that these allegations are either wholly or partially false in the further stages of the action, should his objection be overruled. However, insofar as the decision on the objection which is raised as a preliminary point is concerned, everything stated in the plaint would be taken as true. In other words, the Privy Council had unequivocally and clearly stated that a decision on a mixed point of law and fact, taken by way of demurrer, would not be foreclosed in a situation where the party taking such a plea is unsuccessful.

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