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Constitution

Rajasthan High Court Judge Entertains Civil Writ Petition For Clubbing FIRs, SCOI Imposes 50K Cost On Litigant to paid to the Rajasthan State Legal Services Authority

Bysclaw

Oct 23, 2023

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By sclaw

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Constitution I B C

Constitution of India, 1950 — Article 32 — Writ Petition (Criminal) — Seeking registration of FIR and investigation into attempt to influence judicial outcome — Relief for criminal investigation based on disclosure in a judicial order of NCLAT, Chennai Bench — Issues raised are of vital public importance but deemed capable of administrative resolution by Chief Justice of India — Writ Petition treated as a representation to bring material information for consideration of Hon’ble Chief Justice of India, allowing law to take its course — Petition disposed of on administrative treatment of investigation request.

Nov 23, 2025 sclaw
Constitution Service

Constitution of India, 1950 — Articles 233, 235, 309, 32, 141, 142 — Higher Judicial Services (HJS) — Determination of Seniority — Source of Recruitment — Recruitment to HJS is through Regular Promotees (RP), Limited Departmental Competitive Examinations (LDCE), and Direct Recruits (DR) — Supreme Court has jurisdiction under Article 142 and other provisions to lay down uniform guidelines for judicial services across the country, independent of High Courts’ control under Article 235, to ensure a unified and robust judiciary — Overarching guidelines framed do not foreclose powers of High Courts but establish a homogenous framework for superintendence over judicial services.

Nov 22, 2025 sclaw
Constitution

Constitution of India, 1950 — Articles 14, 32, 136, 141, 142, 226, 227, 323-A, 323-B, 368 — Separation of powers — Judicial Independence — Constitutional Supremacy — Judicial Review — Tribunals Reforms Act, 2021 (Impugned Act) — Challenge to vires — The Impugned Act, which reproduces provisions previously struck down in Madras Bar Association v. Union of India (MBA) cases, is unconstitutional as it constitutes an impermissible legislative override of binding judicial pronouncements and violates the doctrine of constitutional supremacy, separation of powers, and judicial independence; the repetition of invalidated provisions without removing the underlying constitutional defects is impermissible; the principles of separation of powers and judicial independence are structural pillars of the Constitution and justiciable, not merely abstract ideas, especially concerning adjudicatory bodies.

Nov 22, 2025 sclaw

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Constitution I B C

Constitution of India, 1950 — Article 32 — Writ Petition (Criminal) — Seeking registration of FIR and investigation into attempt to influence judicial outcome — Relief for criminal investigation based on disclosure in a judicial order of NCLAT, Chennai Bench — Issues raised are of vital public importance but deemed capable of administrative resolution by Chief Justice of India — Writ Petition treated as a representation to bring material information for consideration of Hon’ble Chief Justice of India, allowing law to take its course — Petition disposed of on administrative treatment of investigation request.

Nov 23, 2025 sclaw
C P C

Civil Procedure Code, 1908 — Order XXI Rule 58 — Execution First Appeal — Partition Suit — Preliminary decree for partition — Inter se bidding — Joint owners (siblings) of property in equal shares (1/3rd each) — Property incapable of physical partition — Disposal of property via inter se bidding — Challenge to High Court order disposing of Execution Appeal on ground of offer matching — Where an offer of Rs.6.25 crores was made by the Appellant (Petitioner) and matched by the Respondents (2/3rd owners), the High Court directed Respondents to pay Appellant’s share after adjusting previous deposit — Supreme Court modified the approach, requiring the Petitioner to deposit 2/3rd of the bid (Rs.4.16 Crores) with Registry to demonstrate genuineness, pending further resolution. (Paras 1, 3, 4, 5, 6 of Order dated 25.9.2025;

Nov 23, 2025 sclaw
Evidence Act

Evidence — Video Conference Deposition — Procedure for Confronting Witness — The Supreme Court clarified and directed that in cases where a witness’s statement is recorded via video conferencing and a previous written statement is to be used for confrontation, a copy of the statement must be transmitted electronically to the witness, and the procedure under Sections 147 and 148 of the Bharatiya Sakshya Adhiniyam (or corresponding sections of the Evidence Act) must be followed to ensure fairness and integrity of the trial. Such directions are issued to avoid procedural irregularities and uphold the principles of fair trial, effective cross-examination, and proper appreciation of evidence.

Nov 23, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 [BNSS Section 528] — Quashing of FIR — Abuse of process — Factual matrix for all offences arose from a single transaction — Compromise accepted as genuine for some offences should equally dilute the foundation of other charges based on the same allegations — Continued prosecution for dacoity after settlement for other offences held unjustified and quashed.

Nov 23, 2025 sclaw