Supreme Court

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Supreme Court Partially Allowed Appeal — Clarified Sentencing Provisions Under IPC and POCSO Act — Restored Trial Court's Judgment Regarding Life Imprisonment and Fine...

Conviction Under Sections 376(2)(f) and 376(2)(i) of Indian Penal Code, 1860 — Sections 3 and 4 of Protection of Children from Sexual Offences Act, 2012 — Overlapping Provisions — Clarification ...

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Supreme Court of India — Appeal Dismissed — No Ownership or Leasehold Rights Conferred — Remedy for Recovery of Possession or Unearned Income Kept Open...

Lease Agreement Not Executed — No Transfer of Leasehold Rights — Auction Sale on 'As Is' Basis — Rights Under Lease Agreement Limited — Liquidation Proceedings Claims Prioritized The lease ag...

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Property Dispute – Sale Deed Interpretation – Injunction and Ownership Rights...

The Supreme Court emphasized the importance of documentary evidence, proper interpretation of sale deeds, and adherence to factual findings when evaluating ownership and possession in property dispute...

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Supreme Court Restores Recount of Votes in Gram Pradhan Election Dispute. Upholding the Sanctity of Electoral Process – Recount Ordered for Disputed Polling Booths...

(a) Electoral integrity and fairness are paramount to democratic principles (Para 14). (b) Discrepancy in vote count and missing election documents justified a recount (Para 18). (c) The sanctity of...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881...

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 Jurisdiction under Section 142 of the N.I. Act �...

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Supreme Court Restores Eviction Decree Against Tenant — Reaffirms Scope of Second Appeal Jurisdiction...

The Apex Court upheld the concurrent findings of the Trial Court and First Appellate Court — Clarified the principles governing the scope of Second Appeal under Section 100 of the Civil Procedure Co...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice...

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and possession of the suit property, as decreed by the t...

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Supreme Court Sets Aside Preventive Detention Order Under COFEPOSA Act, Citing Lack of Consideration of Bail Conditions. Court Emphasizes Scrutiny of Detention Orders and Upholds Liberty in Preventive Detention Cases...

Preventive Detention and Bail Conditions: The detaining authority must consider the efficacy of bail conditions imposed by the court before ordering preventive detention. Failure to do so vitiates th...

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Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice....

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revisional Court’s Powers and Principle of "Rela...

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Supreme Court set aside the High Court’s judgment directing payment of salary for the period 01 January 2015 to 31 May 2018 – Held that respondents had attained superannuation age by 2013 and 2015, respectively....

The age of superannuation must be considered when determining entitlement to back wages and reinstatement benefits. (Paras: 8, 9, 10) Supreme Court held that the High Court erred in ignoring the fact...