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Judgements without assigned author

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High Court

Gujarat High Court Quashes Dismissal of Police Constable Convicted Under Prevention of Corruption Act — Emphasizes Need for Independent Disciplinary Inquiry. Court holds that dismissal based solely on conviction without considering mitigating factors and without affording opportunity of hearing violates principles of natural justice and Article 311(2) of the Constitution....

The petitioner, Piyushbhai Bhagvatbhai Gamit, was appointed as a Police Constable on 30.04.2001. An FIR was registered against him on 12.08.2010 under Sections 7, 12, and 13(1)(b)(2) of the Prevention...

Supreme Court

Supreme Court Dismisses Appeal in Forest Conservation Case Against Railway Land Development. NGT's Finding That Land Is Not Forest Land Under Forest (Conservation) Act, 1980 Upheld, as Appellants Failed to Prove Land Met Statutory Definition and Provided Unauthorized Evidence....

The appeal arose from a judgment of the National Green Tribunal (NGT) dismissing an original application challenging a Request for Proposal (RFP) issued by the Rail Land Development Authority (RLDA) f...

Supreme Court

Supreme Court Allows Set-Off Plea in Arbitration Despite Extinguishment of Counterclaim Under IBC - Corporate debtor's appeal against High Court order directing continuation of arbitral proceedings is partly allowed, permitting set-off as a defensive mechanism while affirming extinguishment of non-included claims under Section 31(1) of Insolvency and Bankruptcy Code, 2016....

The dispute arose between a corporate debtor, Appellant, and a public sector undertaking, Respondent following a contract for solar power plant installation. The appellant was admitted into Corporate ...

Supreme Court

Supreme Court Quashes FIR in Uttar Pradesh Gangsters Act Case Due to Procedural Irregularities in Gang Chart Preparation. FIR Registered Under Section 3(1) of UP Gangsters Act, 1986 Set Aside as Gang Chart Lacked Mandatory Signatures and Recommendations Required Under Section 5 and 2021 Rules....

The Supreme Court heard criminal appeals against High Court orders declining to quash an FIR registered under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The FIR No....

Supreme Court

Supreme Court Allows State Appeal in Confiscation Case Under Bihar Special Courts Act, 2009, Reinstating Confiscation of Assets Despite Death of Accused Public Servant. Confiscation Proceedings Are Independent of Criminal Trial and Do Not Abate Upon Death, as Property Acquired Illegally Remains Subject to Confiscation Under Sections 13-15 of the Bihar Special Courts Act, 2009....

The appeal arose from a judgment of the High Court which set aside confiscation proceedings against the respondent, following the death of her husband, a public servant accused under the Prevention of...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Film Director in Copyright Infringement Case Due to Lack of Prima Facie Evidence and Non-Application of Mind by Magistrate. The Court Found Proceedings Were Manifestly Frivolous as Appellant's Film Script Was Registered Years Before Complainant's Script and Expert Committee Had Already Determined No Similarity Between Works Under Section 63 of Copyright Act, 1957....

The appeal arose from criminal proceedings initiated against a film director for alleged copyright infringement under the Copyright Act, 1957. The appellant, a National Award-winning film director, ha...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Movie Investment Dispute Under Section 420 IPC Due to Lack of Dishonest Intention at Inception. Investment in movie production with profit-sharing agreement constitutes civil dispute, not cheating, as movie-making involves inherent risk and promise was fulfilled, with dishonoured cheques issued for existing obligation, not inducement....

The appeal arose from a criminal case where the appellant, a movie producer, borrowed funds from the second respondent on the promise of sharing profits. The movie was completed but failed to generate...

Supreme Court

Supreme Court Allows Appeal of Company in Consumer Protection Case and Remands to NCDRC for Merits Decision. The Court held that deposit of surplus funds in a fixed deposit by a company does not automatically constitute commercial purpose under Section 2(1)(d) of Consumer Protection Act, 1986, requiring examination of dominant intention, and allegations of fraud do not oust consumer forum jurisdiction if deficiency in service is alleged....

The appeal arose from a judgment and order of the National Consumer Disputes Redressal Commission (NCDRC) dated 13.03.2023, which dismissed the appellant's consumer complaint on the ground that the ap...

Supreme Court

Supreme Court Dismisses Appeal in Bank Employee Disciplinary Case, Upholding Post-Retirement Penalty Under Service Regulations. Reduction of Pay Penalty Valid as Service Regulations Permit Continuation of Disciplinary Proceedings Initiated Before Superannuation Under Regulation 20(3)(iii) of Punjab and Sind Bank Officers' Service Regulations, 1982....

The appeal arose from disciplinary proceedings against a bank officer who superannuated while facing charges of irregularities in loan disbursement. The appellant, a former employee of Punjab and Sind...

High Court

Madras High Court Dismisses PIL Challenging Government Order and Housing Board Proceedings Alleging Encroachment of Water Bodies — Finds No Evidence of Water Bodies and Upholds Government's Disposal of Land for Housing Scheme...

The petitioner, N. Shanmugham, filed two writ petitions: WP No. 17421 of 2021 challenging proceedings of the Tamil Nadu Housing Board dated 26.03.2021, and WP No. 4582 of 2021 challenging Government O...

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