Search Results for "casus omissus"

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Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in...
Supreme Court Alters Conviction from Murder to Attempt to Murder in Absence of C...
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Search Results for "casus omissus"

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Supreme Court

Supreme Court Reverses High Court's Quashing of FIR in Cross-Case Involving Assault and Wrongful Restraint - Limitation Period for Cognizance Commences from Date of Offence, Not Charge-Sheet Filing, Under Sections 468 and 469 CrPC, with Delay Condonable Under Section 473. Court Emphasizes That Negligence of Investigating Officer Should Not Benefit Accused, Especially in Cases of Cross-FIRs Arising from Same Incident.

9 Apr 2026

The dispute arose from cross-FIRs filed after an incident on 09.05.2011 involving the appellant-complainant and respondent-accused, an advocate. The a...

High Court

High Court Dismisses Petition Challenging Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 - Upholds Arbitral Tribunal's Jurisdiction and Interest Award Under MSMED Act. Court held that remedy under Section 18 of Micro, Small and Medium Enterprises Development Act, 2006 is optional, not exclusive, and ad hoc arbitration permissible, with interest under Section 16 MSMED Act upheld.

10 Mar 2026

The dispute arose from a contract for supply of VRLA batteries between Petitioner, a government enterprise, and Respondent, a company registered under...

High Court

High Court of Judicature at Bombay Resolves Reference on Deposit Requirement for Revision Under Maharashtra Co-operative Societies Act, 1960 - The court held that a litigant challenging only consequential actions pursuant to a recovery certificate under Section 101 is not required to deposit 50% of recoverable dues under Section 154(2A), as the mandate applies solely to challenges against the certificate itself.

4 Mar 2026

The judgment arose from a reference made by a learned Single Judge of the High Court of Judicature at Bombay to resolve an irreconcilable conflict bet...

Supreme Court

Supreme Court Interprets MSMED Act for Dispute Resolution Rights. Clarifying whether unregistered MSMEs under Section 8 can invoke arbitration under Section 18.

10 Jan 2025

Remedies Under the MSMED Act, 2006 Unrestricted by Prior Registration Whether an enterprise not registered under Section 8 of the Micro, Small, and M...

High Court

Full Bench Rules on Scope of Trial Court's Authority Under Section 9-A CPC. Trial Courts Cannot Partially Dispose of Suits in Preliminary Issues on Jurisdiction.

18 Jul 2024

The Full Bench addressed whether a Trial Court, under Section 9-A of the Code of Civil Procedure, 1908 (CPC), can frame an issue that disposes of a su...

High Court

Court Upholds Stringent Provisions of MCOC Act, Denies Anticipatory Bail. Emphasizes Legislative Intent to Combat Organized Crime, Dismisses Reliance on SCST Act Precedents and Non-Binding Judgments

28 Jun 2024

The judgment examines the applicability of anticipatory bail provisions under the Maharashtra Control of Organized Crime Act (MCOC Act) in comparison ...

High Court

"Daughter-in-Law's Right to Appeal Under Maintenance Act Affirmed by Court" "High Court Expands Definition of 'Relative' to Include Daughter-in-Law, Allowing Appeals Against Tribunal Orders"

12 Jun 2024

Whether a daughter-in-law can file an appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, against an orde...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Allows Appeal in Income Tax Deduction Case for Pharmaceutical Freebies. Expenses on Gifting Freebies to Medical Practitioners Are Deductible Under Section 37(1) of Income Tax Act, 1961, as Indian Medical Council Regulations Only Prohibit Acceptance, Not Gifting, Under Explanation 1.

22 Feb 2022

The dispute involved a pharmaceutical company, referred to as Apex, appealing against a High Court judgment that upheld orders disallowing part of its...

Supreme Court

Supreme Court Dismisses State's Appeal in Electricity Duty Exemption Case for Charitable Educational Institutions. The Court upheld the High Court's decision that charitable education institutions registered under the Maharashtra Public Trusts Act, 1950 are exempt from payment of electricity duty under Section 3(2)(iii) of the Maharashtra Electricity Duty Act, 2016, interpreting the provision to avoid absurdity and uphold Article 14 of the Constitution.

7 Jan 2022

The dispute arose from the State of Maharashtra's appeal against a High Court judgment that exempted charitable educational institutions from payment ...

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