Search Results for "Premature Application"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Premature Application"

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Supreme Court

Supreme Court Clarifies Remission Power Under Section 432 CrPC — Emphasizes Need for Application, Reasoned Orders, and Procedural Fairness. The Court held that suo motu remission is impermissible, conditions must be reasonable, automatic revocation invalid, and reasons must be recorded for rejection.

18 Feb 2025

The Supreme Court, in a suo motu writ petition, examined the scope and limitations of the power of the appropriate Government to remit sentences under...

High Court

High Court of Karnataka Allows Revision Petition for Interim Custody of Seized Articles and Cash in Corruption Case, Dismisses Quash Petition as Premature. The court held that the trial court's refusal to grant interim custody was not justified and that the quash petition was premature as investigation was ongoing.

24 Jan 2017

The judgment concerns two connected petitions arising from Crime No.3/2016 registered by the Lokayukta Police, Tumakuru, against R. Umeshappa, an Exec...

High Court

High Court of Karnataka Dharwad Bench Delivers Common Order in Writ Petitions on Disciplinary Enquiry Against Assistant Public Prosecutors. Petitions Filed Under Articles 226 and 227 of Constitution Challenging KSAT Orders Which Upheld Lokayukta's Enquiry Under Karnataka Lokayukta Act, 1984 and Karnataka Civil Services (CCA) Rules, 1957.

14 May 2020

The matter involved multiple writ petitions filed by Assistant Public Prosecutors-cum-Assistant Government Pleaders under Articles 226 and 227 of the ...

High Court

Bombay High Court Dismisses Writ of Prohibition Against Securitization Application Under Section 14 of SARFAESI Act — Petitioner Failed to Establish Lack of Jurisdiction as Respondent Was a Secured Creditor Under Section 2(1)(zd) of the Act. The court held that the challenge to the maintainability of the application under Section 14 was premature and that the petitioner could raise all contentions before the Chief Metropolitan Magistrate.

21 Feb 2025

The petitioner, M/s. Pyramid Developers, a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition under Articles 22...

Tribunals

National Company Law Appellate Tribunal Allows Appeal by Suspended Director in Insolvency Case — Section 9 Application Admitted Without Proper Notice Under Section 8 of IBC. The Adjudicating Authority Failed to Consider That the Operational Creditor Had Not Provided Correct Address for Service of Demand Notice, Rendering the Admission Order Unsustainable.

19 Jan 2024

The appeal was filed by Sashi Kanta Jha, a suspended director of the corporate debtor, M/s Juggilal Kamlapat Jute Mills Company Limited (now Geo Jute ...

High Court

Bombay High Court Dismisses Husband's Second Appeal for Divorce on Ground of Desertion - Res Judicata Bars Subsequent Petition After Earlier Dismissal on Merits. The court held that a second petition for divorce on the ground of desertion is barred by res judicata when the earlier petition on the same ground was dismissed on merits, as the cause of action for desertion is a continuing wrong and the earlier decision operates as res judicata for the period up to the filing of the first petition.

7 Dec 2005

The appellant husband and respondent wife were married on 21 May 1991. After marital discord, the wife left the husband's company in 1992. The husband...

High Court

Bombay High Court Allows Minority Institution's Petition to Establish Women's Science College. Government Policy Barring New Colleges Cannot Be Applied to Minority Institutions Under Article 30 of the Constitution.

4 May 2011

The petitioner, Social Society Morba, a public trust registered under the Public Trust Act, 1960 and the Societies Registration Act, 1860, claimed to ...

High Court

Bombay High Court Dismisses Bank's Application to Reject Plaint in Commercial Suit for Recovery of Fixed Deposits Allegedly Misappropriated by Bank Manager. Court Holds That Dispute Arising from Breach of Contractual Terms of Fixed Deposit Constitutes a Commercial Dispute Under Section 2(1)(c) of Commercial Courts Act, 2015, Despite Allegations of Fraud.

10 Jun 2024

The Bombay High Court dismissed an interim application filed by the State Bank of India (defendant) under Order VII Rule 11 CPC seeking rejection of t...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Transfer of Junior Engineer in PWD Department — Transfer Policy Not Violated. Transfer is an incident of service and cannot be interfered with unless mala fides or violation of statutory rules is established.

29 May 2020

The petitioner, a Junior Engineer in the Public Works Department of Karnataka, challenged his transfer order dated 20.09.2019 passed by the Chief Engi...

High Court

Bombay High Court Quashes FIR Under Section 224 IPC for Late Return After Parole While Upholding Curtailment Notice. Show-Cause Notice for Curtailment of Remission Is Preliminary and Not Liable to Be Quashed; Prosecution Under Section 224 IPC Requires Mens Rea and Is Not Justified When Convict Returns Within Maximum Permissible Parole Period.

14 Sep 2017

The petitioner, a convict serving a seven-year sentence for an offence under Section 307 read with Section 34 of the Indian Penal Code, was lodged at ...

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