AI Overview...
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Recall of NBW and Pleading Guilty - The issuance of a Non-Bailable Warrant (NBW) does not automatically permit a counsel to plead guilty on behalf of the accused, especially in petty offence cases. The accused must be present for proceedings, and the court may direct that the accused be kept present. The court emphasized that pleadings should be made by the accused personally or with proper authorization, not solely by counsel. D. DASAPPA VS STATE OF KARNATAKA - Karnataka
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Pleading Guilty in Contempt Cases - When an accused is asked whether they plead guilty or wish to be tried, they have the right to deny charges and demand a trial. The court can recall previous orders and proceed with contempt proceedings if the accused denies guilt. The decision to plead guilty or not is at the discretion of the accused, and they must be given an opportunity to present their case. ADVOCATE GENERAL, HIGH COURT OF KARNATAKA, BANGALORE VS CHIDAMBARA - Karnataka
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Suppression of Material Facts and Its Consequences - Petitioners who suppress material facts, such as relevant correspondence or information affecting settlement or legal proceedings, undermine their case. Such suppression can lead to dismissal of the petition or adverse orders. Additionally, when passport impoundment is involved, the individual must be given an opportunity of hearing to contest the order before it is finalized. Haridass Ramesh S/o Sri Haridass VS Union of India, rep. by its Secretary - Telangana, Haridass Ramesh S/o Shri Haridass VS Union of India, Rep. by its Secretary, Ministry of Home Affairs, New Delhi - Telangana
Analysis and Conclusion:
The sources collectively suggest that whether NBW should be recalled or the accused should plead guilty depends on procedural adherence and the rights of the accused. NBWs should not be bypassed through counsel alone; the accused must be personally present or properly authorized to plead guilty. In contempt or criminal cases, the accused has the right to deny guilt and demand a trial, with courts having the authority to recall previous orders if justified. Suppression of material facts can adversely impact legal proceedings, emphasizing the importance of transparency and fair hearing. Overall, the decision to recall NBW or accept a plea of guilty should be based on adherence to legal procedures and the rights of the accused.
Search Results for "Wheather Nbw should be Recalled to Plead Guilty"
2000 0 Supreme(Kar) 363 • India - Karnataka
G.PATRI BASAVANA GOUD
, 260 and 253(1)-Payment of Wages Act, 1936-Section 20(2) and (3)-Issue of summons in case of petty offence-prayer for pleading guilty ... C. , observed that, since NBW was pending against the accused, and since there was no provision to permit the Counsel to plead guilty on behalf of the accused, the Counsel be directed to keep the petitioner-accused present for further proceedings. In the meantime, NBW was reissued. ... pleader, to authorise, in writing, the pleader to plead #HL_STAR....
2003 0 Supreme(Kar) 623 • India - Karnataka
A.M.FAROOQ, S.R.BANNURMATH
Hence, accused-1 guilty of criminal contempt as defined under Section 2(C) of the Act. ... Do you plead guilty or wish to be tried? (Vernacular matter omitted) have you anything more to say? ... S. , recalled its order dated 7-10-1999 but directed that suo motu contempt proceedings be Issued. ... Do you plead guilty or wish to be tried? not guilty. Have you anything more to say? nothing to say. " ... ( 7 ) AS the accused denied the charges and claimed to be tried, bot....
2023 0 Supreme(Telangana) 365 • India - Telangana
K. LAKSHMAN
The petitioner is guilty of suppression of material facts. It was based on his letter dated 04.02.2015 and 23.03.2015 that respondent No.3 agreed to settle the matter with M/s Desatec for Euro 4.80 million. Therefore, the present writ petition is liable to be dismissed on account of suppression. ... to be heard, but as soon as the order impounding the passport is made, and opportunity of hearing, remedial in aim, should be given to him so that he may present his case and controvert that of the Passport Authority and point out why his passport should not be impounded and the....
2023 0 Supreme(Telangana) 203 • India - Telangana
K. LAKSHMAN
(iv) The petitioner is guilty of suppression of material facts. It was based on his letter dated 04.02.2015 and 23.03.2015 that respondent No. 3 agreed to settle the matter with M/s Desatec for Euro 4.80 million. ... to be heard, but as soon as the order impounding the passport is made, and opportunity of hearing, remedial in aim, should be given to him so that he may present his case and controvert that of the Passport Authority and point out why his passport should not be impounded and the order impounding it recalled ... Further, the questions #HL_STAR....
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