Death Reference

Death Reference  means Reference under section 374 of the Code of Criminal procedure, 1898. Death Reference is one type of criminal case in the High Court Division. When any Sessions Judge or judge of any other court or tribunal in the rank of Sessions Judge passes the order of conviction of death sentence , the [...]

Transfer of Cases

Section 526 of the Code of Criminal Procedure, 1898 provides High Court Division’s Power to transfer cases or appeals in the subordinate courts. The High Court Division may act either on the report of the lower court, or on the application of a party interested, or on its own initiative. Following are the grounds for [...]

Bail in Pending Rule

In High Court Division When an application is moved before it, it can issue Rule asking the respondent or opposite parties as to why the relief sought should not be granted. As a result there requires hearing at length. During this period, the Petitioner can pray for bail in pending rule. Law for Nations has [...]

Bail in Pending Appeal

Appeal is a non motion matter and as such bail application in pending appeal will also be a non motion matter and no ground in the bail application will be needed. At any time after admission of appeal you may give mention slip for hearing of bail pending appeal. Law for Nations has represented a [...]

Criminal Revision

In cases where no provision for appeal has been provided by law or where the remedy of appeal has for any reason failed to secure fair justice, the laws provide the provision of revision. The main provisions of criminal revision are provided in section 439 read with section 435 of the Code of Criminal Procedure, [...]

Quashment/561A

The power exercised under section 561A of the Code of Criminal Procedure, 1898 by the High Court Division is an inherent power and the High Court Division may entertain this power any time to prevent any abuse of process of any court or to secure the ends of justice. Application under 561A may be of [...]

Criminal Appeal

If any person is aggrieved by any order or judgement of the court or tribunal , he/she can file an appeal before the Higher Court for ensuring the ends of justice. Generally Criminal Appeal before the High Court Division may b e preferred against the judgement passed by the Court of Sessions and against the [...]

Anticipatory Bail

When a person is granted bail in apprehension of arrest, this is called anticipatory bail. This is an extra ordinary measure and an exception to the general rule of bail. When any person has reason to believe that he may be arrested on an accusation of having committed a non bailable offence, he may apply [...]

Bail

In general, the word “Bail” means to release a person from the custody of police or jail authority and handover him to his surities who undertake to produce him in court whenever required to do so. When the accused is under the custody of the police or jail authority in connection with a case and [...]