Search Results for "Section 45"

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Supreme Court

Supreme Court Dismisses Appeal of Bank Manager Seeking Discharge for Want of Sanction Under Section 197 CrPC in Forgery Case. Act of Forgery by Public Servant Cannot Be Considered an Act Done in Discharge of Official Duty.

23 Apr 2019

The Supreme Court dismissed an appeal filed by S.K. Miglani, a former Branch Manager of Bank of Baroda, Faridabad, challenging the Delhi High Court's ...

Supreme Court

Supreme Court Upholds Disqualification of Municipal Councillor for Spouse's Unauthorized Construction Under Section 44(1)(e) of Maharashtra Municipal Council Act. The court held that the provision imposes strict liability on the Councillor for constructions by her spouse, without requiring her knowledge or involvement.

22 Apr 2019

The appellant, Sampada Yogesh Waghdhare, was elected as a Municipal Councillor and later as President of the Council on 11.02.2015. The second respond...

Supreme Court

Supreme Court Allows Appeal Against Appointment of Arbitrator Due to Unstamped Arbitration Agreement. Court Must Impound Unstamped Agreement Under Stamp Act Before Proceeding Under Section 11 of Arbitration Act.

10 Apr 2019

The appeal arose from a sub-contract between Garware Wall Ropes Ltd. (appellant) and Coastal Marine Constructions & Engineering Ltd. (respondent) for ...

Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

Supreme Court

Supreme Court Upholds Conviction for Murder and Abduction in Saravana Bhavan Case — Motive of Accused No.1 to Eliminate Husband for Marriage with PW1 Proved Beyond Reasonable Doubt. Circumstantial evidence including last seen and recovery of dead body based on confession established guilt under Sections 302, 364, 201 IPC.

29 Mar 2019

The case involves the abduction and murder of Santhakumar, husband of PW1 (Jeevajothi), by Accused No.1 (proprietor of Saravana Bhavan hotels) and his...

Supreme Court

Supreme Court Upholds High Court's Direction to Release Seized Vehicles in Forest Offence Cases. Magistrate's Power Under Section 451 CrPC Not Ousted by Initiation of Confiscation Proceedings Under Section 52(3) of Indian Forest Act, 1927.

26 Mar 2019

The Supreme Court considered appeals by the State of Madhya Pradesh against High Court orders directing the release of vehicles seized for illegal san...

Supreme Court

Supreme Court Remands Criminal Revision to High Court for Lack of Reasoning in Conviction Confirmation Under IPC Sections 323, 324, 452. High Court's Dismissal of Revision Without Assigning Reasons Set Aside; Case Remitted for Fresh Adjudication on Merits.

15 Mar 2019

The appellants, Harveer Singh and another, were prosecuted along with two other accused for offences under Sections 323, 324, 452, 504, and 506 of the...

Supreme Court

Supreme Court Acquits Appellant in Murder Case Due to Inconsistent Dying Declaration and Lack of Corroboration. The earliest dying declaration did not implicate the appellant, leading to benefit of doubt under Section 302 IPC read with Section 114 IPC.

11 Mar 2019

The Supreme Court allowed the appeal of Savitaben, who was convicted under Sections 302 and 452 read with Section 114 IPC for the murder of Narmadaben...

Supreme Court

Supreme Court Upholds Denial of Bail to Accused in Terror Funding Case Under Unlawful Activities (Prevention) Act, 1967 — High Court Order Set Aside for Erroneous Application of Section 43D(5) Bar. The Court held that the bar under Section 43D(5) applies when the court finds a prima facie case, and the High Court's approach was contrary to law.

1 Mar 2019

The Supreme Court allowed the appeal filed by the National Investigation Agency (NIA) against the Delhi High Court's order granting bail to Zahoor Ahm...

Supreme Court

Supreme Court Allows Appeals in Urban Land Ceiling Case — Upholds Vesting of Land in State and Rejects Ownership Claim. The Court held that the plaintiffs failed to prove their title and that the suit was barred by res judicata and limitation.

26 Feb 2019

The case involves a dispute over land bearing No.73, Canal Circular Road, Calcutta, which was part of a larger parcel of land. The plaintiffs, claimin...

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