Search Results for "Article 348"

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Search Results for "Article 348"

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Supreme Court

Supreme Court Allows Appeal by Prison Authorities Against High Court's Set-Off Order Due to Improper Exercise of Inherent Powers. High Court Erred in Entertaining Petition Under Section 482 CrPC When Statutory Appeal Remedy Under Section 374(2) CrPC Was Available, Reversing Grant of Set-Off Under Section 428 CrPC for Remand Periods.

22 Apr 2025

The appeal was filed by the Superintendent of Prison and Inspector of Police against a judgment of the High Court of Judicature at Madras dated 11.09....

High Court

High Court of Karnataka Allows Revision Petition in Trademark Infringement Suit — Sets Aside Trial Court Order Granting Leave to File Additional Written Statement. The court held that inherent powers under Section 151 CPC cannot be used to bypass specific procedural provisions, and allowing additional written statement after framing of issues would cause prejudice to the plaintiff.

7 Jun 2024

The petitioner, M/s BTV Kannada Private Limited, filed a civil revision petition under Section 115 CPC read with Article 215 of the Constitution of In...

Supreme Court

Supreme Court Upholds High Court's Direction to Consider Candidates with Criminal Cases for Police Constable Posts. Screening Committee Must Apply Mind to Nature of Offences and Acquittal Under Standing Order No.398/2010, Not Mechanically Reject Based on Criminal Involvement.

25 Aug 2021

The dispute arose from the rejection of candidates' applications for the post of Constable in Delhi Police due to their involvement in criminal cases,...

Supreme Court

Supreme Court Reviews Competence of Execution Court to Entertain Section 47 CPC Objections to International Arbitral Award Allegedly Tainted by Fraud; High Court's Dismissal of Objections Questioned. Public Sector Undertaking Appellant Contended That Award Procured Through Collusion of Own Officers with Decree-Holder Is Void Ab Initio, but Executing Court Found No Established Finding of Fraud.

1 Jan 1970

The dispute arose from a Long Term Agreement dated 07.03.2007 between MMTC Limited (a Public Sector Undertaking) and Anglo American Metallurgical Coal...

Supreme Court

Supreme Court Quashes Detention Order in COFEPOSA Case Due to Non-Supply of Vital Material and Inordinate Delay in Deciding Representation. Preventive detention under Section 3(1) of COFEPOSA set aside as statements of key witness not furnished to detenu, violating Article 22(5) right to make effective representation.

31 Jul 2024

The appellant, wife of detenu Appisseril Kochu Mohammed Shaji, challenged the detention order dated 31.08.2023 passed under Section 3(1) of COFEPOSA b...

High Court

Madras High Court Allows Official Assignee to Sell Insolvent's Property in Insolvency Proceedings — Property Not Subject to Prior Agreement of Sale as No Valid Contract Existed. The court held that the Official Assignee has the power to sell the insolvent's property free from an alleged agreement of sale that was not valid or enforceable under the Presidency Town Insolvency Act, 1909.

27 Feb 2026

The case involves an appeal filed by the Official Assignee of the High Court of Madras, representing the estate of Arjunlal Sunderdas (the insolvent),...

Supreme Court

Supreme Court Quashes Orders of Surplus Land Determination Under Pepsu Tenancy and Agricultural Lands Act, 1955. Partition Deed Dated September 6, 1956, Not Affected by Section 32-KK as Amendment Came into Force on October 30, 1956, Not Retroactively.

8 Oct 1968

The case concerned a dispute over the determination of surplus agricultural land under the Pepsu Tenancy and Agricultural Lands Act, 1955. The appella...

High Court

Gujarat High Court Allows Compassionate Appointment Claim for Class-IV Post with Regular Pay Scale, Quashes Forfeiture of Past Service and Fixed Salary Condition. The court held that conditions forfeiting earlier service and providing fixed salary are arbitrary and violative of Articles 14 and 16 of the Constitution of India.

6 Mar 2026

The petitioner, Dinesh Kanjibhai Rathava, filed a writ petition under Articles 14 and 226 of the Constitution of India challenging the conditions in o...

High Court

Madras High Court Partly Allowed a Police Constable's Writ Against Disciplinary Punishment for Prisoner Escape. The Court Modified the Punishment from Two Years to One Year Stoppage of Increment Without Cumulative Effect with Black Mark, Holding That Past Clean Service Records Must Be Considered When Imposing Punishment.

3 Feb 2025

The petitioner, a police constable, faced disciplinary proceedings for negligence after a convicted accused he was escorting escaped at a busy Trichy ...

High Court

Madras High Court Allows Official Assignee to Sell Insolvent's Property in Insolvency Proceedings — Property Not Subject to Attachment Under Section 60 CPC as It Was Not in Possession of Insolvent at Time of Adjudication. The Court held that upon adjudication, all property of the insolvent vests in the Official Assignee under Section 28(2) of the Presidency Towns Insolvency Act, 1909, and attachment before judgment does not prevent such vesting.

27 Feb 2026

The case arises from insolvency proceedings against Arjunlal Sunderdas (the insolvent). The Official Assignee, representing the estate of the insolven...

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