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Q. Whether Doctrine Of Impossibility Is Applicable Even To Court Orders ?
A. YES.
RELEVANT CASE LAW:
STATE OF UTTAR PRADESH VERSUS IN RE INHUMAN CONDITION AT QUARANTINE CENTRES AND FOR PROVIDING BETTER TREATMENT TO CORONA POSITIVE LL 2021 SC 258
Note:
IMPORTANT APEX COURT UPDATES
SUBJECT:CoI,1950, CrPC,1973
TOPIC:COVIND-19
PROVISION: A.32/226 CoI,1950; S.438 CrPC,1973; Ss.3/4/5 PITA.
Q. Whether The Apprehension Of Covid Can Be Cited As A Ground For Bail In All Cases, Regardless Of The Nature And Gravity Of The Offence ?
A. Yes. 22.05.2021 SLP against the April order of the Punjab and Haryana High Court
Allahabad High Court recently ruled that Apprehension Of Death On Account Of Reasons Like The Present Pandemic Is A Valid Ground For Grant Of Anticipatory Bail.
The HC went to the extent of saying that "the allegations may be serious against an accused but the presumption of innocence in his favour cannot be dispelled only on the basis of the allegation".
Order is now assailed by State of U.P. , and same is pending before SC.
ABHIPEDIA'S “REASONING, RESERACH & CONTRIBUTION IN DEVELOPMENT OF LAW SECTION”:
“Abhipedia, Is Humbly Of The Opinion That HC's Observation In This Matter To The Effect That “ Established Parameters For Grant Of Anticipatory Bail Like The Nature And Gravity Of Accusation, Etc Have Now Lost Significance On Account Of Present Situation Of The Country", Will Not Sustain Before Hon'ble SC, Being Not In Consonance With spirit of C.B. Judgments Of Apex Court in SUSHILA AGARWAL & GURBAX's CASE; And Is Result Of Passion & Anxiety, Bereft Of Equanimity.”
SUBJECT:CoI,1950
PROVISION: A.32/226 CoI,1950
Q. Why Supreme Court This Week Declined The Request Of Solicitor-General Tushar Mehta Seeking Directions To All High Courts To Only Let Benches Headed Chief Justices Of The High Courts Hear Matters Related To Covid-19?
A. BECAUSE IT WOULD HAVE DEMORALIZING EFFECT ON HIGH COURTS.
NOTE:
on an urgent basis in a time-bound manner considering the COVID second wave
By: Meenakshi Chaudhary ProfileResourcesReport error
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