Search Results for "Article 171(5)"

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Search Results for "Article 171(5)"

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Supreme Court

Supreme Court Acquits Appellants in Murder Case Based on Circumstantial Evidence — Last Seen Theory and Discovery Evidence Found Insufficient. Court Holds That Gaps in Chain of Circumstances and Lack of Corroboration Render Conviction Unsafe Under Sections 302, 364, 404, 201 read with Section 34 of the Indian Penal Code, 1860.

27 Apr 2026

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Karnataka High Court, which had affirmed the conviction of...

Supreme Court

Supreme Court Partially Allows Appeals in Wage Revision Dispute Between Employees Union and Employer — Remands for Reconsideration of Allowances Computation. The Court upheld the High Court's grant of pay scale revision but found inconsistency in the direction that certain allowances would not be reckoned for computing other benefits, requiring fresh consideration.

22 Apr 2024

The appeals arose from a charter of demands filed by the VVF Ltd. Employees Union on 04.03.2008 for revision of pay scales and various allowances for ...

Supreme Court

Supreme Court Allows Appeal Against Quashing of FIR in Bank Fraud Case — High Court Erred in Holding That Section 81(5B) of Maharashtra Co-operative Societies Act, 1960 Bars Registration of FIR by Third Party Based on Audit Report. The Court held that the special procedure under Section 81(5B) does not override the general criminal procedure for third-party complaints, and the FIR based on an audit report disclosing cognizable offences must be investigated.

20 Jul 2023

The appeal arises from a judgment of the Bombay High Court quashing FIR No. 806 of 2019 lodged by the appellant, Dhanraj N Asawani, against the respon...

High Court

Bombay High Court Dismisses Writ Petition Challenging Tender Award in Subsea Pipeline Contract — No Arbitrariness Found in ONGC's Decision to Award Contract to Higher Bidder. Court held that the decision of the technical evaluation committee to reject the lowest bidder for non-compliance with tender conditions was neither arbitrary nor mala fide, and the award to the next eligible bidder was justified.

5 Oct 2018

The petitioners, Valentine Maritime Ltd. and Supreme Offshore Constructions and Technical Services Ltd., filed a writ petition under Article 226 of th...

High Court

Bombay High Court Grants Bail to MCOCA Accused in Ahmedabad Bomb Blasts Case Due to Parity with Co-Accused and Long Incarceration Without Trial. Parity with co-accused who were granted bail and prolonged detention without trial justified bail under MCOCA.

23 Jul 2014

The applicant, Yasir Sayyed Anis Sayyed @ Hujefa, was accused no.13 in MCOC Special Case No.4 of 2009 pending before the Special Court under the MCOC ...

High Court

Bombay High Court Dismisses Petition Challenging Bank's Cancellation of Candidature Due to Conviction Despite Probation. Section 12 of Probation of Offenders Act Does Not Override Disqualification Under Section 10(1)(b)(i) of Banking Regulations Act, 1949 for Conviction Involving Moral Turpitude.

22 Feb 2013

The petitioner, Amit Mohod, applied for a clerical post in the Bank of India. During the recruitment process, it was revealed that he had been convict...

High Court

Bombay High Court Grants Bail to Accused in MCOCA Case Due to Parity with Co-Accused and Delay in Trial. Applicant, in custody since 2008, granted bail as trial not commenced and case similar to co-accused who was already bailed.

4 Dec 2012

The applicant, Afroz Firoz Mujawar @ Dastagir, was accused No. 19 in MCOC Act Special Case No. 4 of 2009 pending before the Special Court under the MC...

High Court

Bombay High Court Dismisses Employer's Petition to Refer Industrial Dispute to Arbitration — Industrial Disputes Under I.D. Act Are Not Arbitrable. The court held that disputes under Section 33(C)(2) of the Industrial Disputes Act, 1947 for recovery of wages cannot be referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.

20 Nov 2012

The petitioner, Kingfisher Airlines Limited, a public limited company in the air transport industry, filed three writ petitions challenging the reject...

High Court

Bombay High Court Dismisses Suit for Declaration of Trusteeship in Breach Candy Swimming Bath Trust Dispute. Court holds that plaintiffs failed to prove valid appointment as trustees and that the suit was barred by limitation and lacked cause of action.

30 Nov -0001

The plaintiffs, nine individuals, filed a suit in the Bombay High Court seeking a declaration that they are trustees of the Breach Candy Swimming Bath...

High Court

Bombay High Court Dismisses Petitions Challenging Appointment of MLC as Minister, Upholds Validity of Nomination of MLCs to Legislative Council. The Court held that the Governor's power to nominate members under Article 171(5) of the Constitution is not subject to the aid and advice of the Council of Ministers, and that an MLC is eligible to be appointed as a Minister under Article 164(4).

30 Nov -0001

The judgment pertains to two writ petitions filed challenging the appointment of Shri Suresh Sakhabapu Deshmukh, a Member of the Legislative Council (...

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