Search Results for "material fact"

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Search Results for "material fact"

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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 Upholds Dismissal of CISF Constable for Misconduct Under CISF Rules. Appellate Authority's Enhancement of Punishment from Reduction of Pay to Dismissal Held Valid as Judicial Review Limited to Checking Gross Disproportionality or Procedural Errors.

24 Feb 2022

The dispute involved a constable in the Central Industrial Security Force (CISF) who was found sleeping on duty and allegedly assaulted a senior offic...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholding High Court's Decision on Share Entitlement and Appellate Jurisdiction. The court held that in a partition suit, parties' positions are interchangeable, allowing appellate relief to non-appealing plaintiffs under Order XLI Rule 4 and Rule 33 of the Code of Civil Procedure, 1908, and that second appeals can address factual issues if findings are perverse.

21 Feb 2022

The appeal arose from a partition suit filed by plaintiff Nos. 1 to 8 (respondent Nos. 1 to 8) against defendant No. 1 (appellant) regarding shares in...

Supreme Court

Supreme Court Allows Appellant in SEBI PFUTP Regulations Case Due to Non-Disclosure of Investigation Report. The Court Held That the Investigation Report Under Regulation 9 Must Be Disclosed to Ensure a Fair Hearing Under Principles of Natural Justice, as It Forms the Basis for the Show Cause Notice.

18 Feb 2022

The dispute arose from a show cause notice issued by SEBI to the appellant, alleging violations of the SEBI (Prohibition of Fraudulent and Unfair Trad...

Supreme Court

Supreme Court Allows Appeal of Authority in Plot Allotment Case Due to False Affidavits and Breach of Eligibility Conditions. Allotment Cancelled as Plaintiff and Spouse Filed False Affidavits Concealing Prior Allotment, Violating Terms Under Uttar Pradesh Industrial Development Act, 1976.

15 Feb 2022

The dispute arose from the allotment of residential plots in Noida. The plaintiff-respondent, a member of the Defence Services Cooperative Housing Soc...

Supreme Court

Supreme Court Modifies Punishment from Removal to Compulsory Retirement in Bank Disciplinary Case Due to Disproportionality. The court held that removal was too harsh as no financial loss occurred and the employee had 28 years of unblemished service, substituting it with compulsory retirement under principles of proportionality. (Paras 3.2, 6)

11 Feb 2022

The dispute involved an employee of a bank who was removed from service after disciplinary proceedings initiated based on complaints, including one fr...

Supreme Court

Supreme Court Dismisses Petition by Judicial Officer Seeking Reinstatement After Resignation. Transfer Found Not Illegal Under Madhya Pradesh Higher Judicial Services Transfer Policy, and Resignation Did Not Amount to Constructive Dismissal Under Constitutional and Service Law Provisions.

10 Feb 2022

The petitioner, a former Additional District and Sessions Judge in Madhya Pradesh, filed a writ petition under Article 32 of the Constitution of India...

Supreme Court

Supreme Court Upholds Conviction of Accused in Murder and Arms Act Case Based on Reliable Evidence and Forensic Confirmation. Life Sentence Imposed Under Section 302 IPC and Section 25 Arms Act Sustained as Lower Courts Properly Assessed Eyewitness Testimonies and Forensic Reports Despite Procedural Issues.

4 Feb 2022

The appeals arose from a High Court judgment convicting the appellants for life under Section 302 IPC and Section 25 of the Arms Act, while acquitting...

Supreme Court

Supreme Court Upholds Conviction of Accused in Murder and Arms Act Case Based on Reliable Eyewitness Testimony. The court affirmed the life sentence under Section 302 read with 34 IPC and one-and-a-half-year sentence under Section 25 of the Arms Act, 1959, finding minor inconsistencies in witness statements did not affect core identification of the assailants.

3 Feb 2022

The appeal arose from a murder case where the appellant, along with others, was convicted for the murder of Rajinder alias Raju on October 1, 2008, un...

Supreme Court

Supreme Court Dismisses Appeals in Arbitration Appointment Dispute Under Arbitration and Conciliation Act, 1996. The Court upheld the High Court's appointment of an arbitrator under Section 11, finding no error in notice service and that arbitrability issues should be decided by the Arbitral Tribunal first, with pending Section 34 petition addressing objections.

2 Feb 2022

The dispute arose from three partnership firms involving the appellant, respondent no.1, and other respondents, with identical facts across cases. Res...

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