Search Results for "Appeal"

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Supreme Court

Supreme Court Allows State's Appeal and Restores Original Sentence in Rash Driving Case Under Indian Penal Code. The Court held that the High Court erred in reducing the sentence from two years to eight months for causing death by rash and negligent driving under Section 304A IPC, as it failed to consider the gravity of the offence and the deterrent purpose of criminal law, constituting misplaced sympathy.

28 Mar 2023

The State of Punjab appealed to the Supreme Court against a judgment of the High Court of Punjab and Haryana, which had reduced the sentence of an acc...

Supreme Court

Supreme Court Dismisses Employees' Promotion Claim Under GREF Rules Due to Lack of Required Qualification. Promotion to Superintendent BR Grade-I Denied as Appellants' Diploma in Draughtsman Estimating and Design Did Not Meet 'Diploma in Civil Engineering' Requirement Under Column 11 of General Reserve Engineer Force Group 'C' and Group 'D' Recruitment Rules, 1982.

28 Mar 2023

The dispute involved appellants who were employees of the General Reserve Engineer Force seeking promotion to the post of Superintendent BR Grade-I un...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case for Withdrawal of CIRP Based on Settlement Before CoC Constitution. Withdrawal Application Under Section 12A of Insolvency and Bankruptcy Code, 2016 Granted as Settlement Was Genuine and Committee of Creditors Not Constituted, Invoking Inherent Powers Under Rule 11 of NCLT Rules, 2016.

28 Mar 2023

The dispute arose from an appeal filed by a suspended director of Manpasand Beverages Ltd., the corporate debtor, against an order of the National Com...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Unreliable Evidence and Unexplained Police Presence. Conviction Under Sections 147, 148, 447, 323, 302, 149 IPC Set Aside as Prosecution Failed to Prove Charges Beyond Reasonable Doubt with Inconsistent Witness Testimonies and Sketchy FIR.

28 Mar 2023

The dispute arose from a murder case where 13 accused were alleged to have formed an unlawful assembly and killed Pradip Phukan on June 13, 1989, in D...

Supreme Court

Supreme Court Upholds Appointees in Drug Inspector Selection Case, Reversing High Court's Quashing of Appointments. The Court found no arbitrariness or illegality in the recast eligibility criteria, selection committee composition, or viva-voce marks allocation under the Jammu and Kashmir Subordinate Services Recruitment Rules, 1992, and reinstated the 2009 appointments.

28 Mar 2023

The dispute arose from the selection process conducted on 8 September 2009 for appointing drug inspectors in Jammu and Kashmir, resulting in the appoi...

Supreme Court

Supreme Court Clarifies Sentencing Powers of Constitutional Courts in Modified Life Sentences - Constitutional Courts Can Impose Fixed-Term Sentences Without Death Penalty Commutation. Power to impose modified punishment including fixed-term incarceration or life imprisonment without remission is derived from Indian Penal Code, 1860, and can be exercised by High Courts and Supreme Court based on offence gravity and relevant factors, not limited to death penalty commutation cases.

28 Mar 2023

The Supreme Court addressed an appeal concerning the sentence for an offence under Section 302 of the Indian Penal Code, 1860, where the appellant had...

Supreme Court

Supreme Court Quashes Bail Orders for Accused in IPC Murder Case Due to Lack of Cogent Reasons and Seriousness of Offences. High Court Erred in Granting Bail Without Proper Consideration of Gravity Under Sections 147, 148, 149, 307, 302 IPC and Failed to Assign Reasons as Required in Bail Jurisprudence.

28 Mar 2023

The Supreme Court heard appeals filed by the original informant/complainant challenging bail orders granted by the Allahabad High Court to three accus...

Supreme Court

Supreme Court Grants Bail to Accused in NDPS Act Case Due to Prolonged Incarceration and Right to Speedy Trial. The court held that prolonged incarceration without trial violates Article 21 of the Constitution, justifying bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, despite strict bail conditions.

28 Mar 2023

The dispute involved an appellant accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, seeking bail after prolonged incarceration. ...

Supreme Court

Supreme Court Upholds Borrowers' Right to Hearing in RBI Fraud Classification Directions. The Court held that principles of natural justice, specifically audi alteram partem, must be read into the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 to prevent arbitrariness, as classification entails serious civil consequences under Clauses 8.9.4 and 8.9.5.

27 Mar 2023

The civil appeals arose from challenges to the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directio...

Supreme Court

Supreme Court Allows Bank's Appeal in Consumer Protection Case Due to Absence of Deficiency in Service. Consumer Forums Cannot Adjudicate Highly Disputed Factual Issues or Allegations of Fraud Between Company Directors as Proceedings Are Summary in Nature Under the Consumer Protection Act, 1986.

27 Mar 2023

The dispute arose from a consumer complaint filed by the Managing Director of D-Cube Constructions (P) Ltd. against City Union Bank Limited, alleging ...

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