Search Results for "Remand Order"

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Supreme Court Allows Appeal in SC/ST Act Case by Setting Aside High Court's Remand Order and Upholding Cognizance. Cognizance Order Under Section 204 CrPC Does Not Require Detailed Reasons as Magistrate Applied Mind to Case Diary and Record, Making Remand Unnecessary.

The appeal arose from a criminal case involving allegations under the Indian Penal Code, 1860 and the Scheduled Castes and the Scheduled Tribes (Preve...

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Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

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Illegal Detention and Remand under CrPC, UAPA, and NIA Act. Habeas Corpus Petition Dismissed – Detention Found Legal Under CrPC, UAPA, and NIA Act – No Consent Required for Arrest of Public Officer in Criminal Conspiracy

Section 45 of the CrPC: The protection under Section 45 of the CrPC applies only when the public officer is acting in his official capacity. In this c...

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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"High Court Strikes Down Reassessment Order Against Wavy Construction LLP as Time-Barred" "Reassessment proceedings held invalid due to exceeding statutory limitation under the Income Tax Act, 1961."

The Bombay High Court quashed the reassessment order dated September 30, 2022, passed against Wavy Construction LLP under Sections 147, 143(3), and 14...

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Supreme Court Upholds Remand Order in Dispute Over Dissolution of Partnership and Final Decree. Partnership dissolution, settlement of accounts, and profit-sharing dispute resolved through remand for evidentiary re-evaluation.

The Supreme Court disposed of appeals challenging the High Court's remand order concerning the dissolution of the partnership firm Crystal Transport S...

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Land acquisition and resettlement challenges dismissed due to unexplained delay in follow-up and abandonment of initial relief under Section 24(2) of the 2013 Act.

The petition, filed by the heirs of Babasaheb Pirjade, contested the acquisition of their agricultural land under the Land Acquisition Act, 1894, clai...

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"Partition Suit Remanded for Inclusion of Joint Family Properties in Fresh Decision" "Appellate Court remands partition suit back to trial court for inclusion of all ancestral properties, ensuring equitable division among coparceners."

1. Appeal Background:The appellant, defendant No. 2 in Civil Suit No. 110 of 2012, has appealed the First Appellate Court’s decision to remand the p...

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High Court Quashes Industrial Court’s Remand Order; Reinforces Fairness in Proportionate Punishment in Labor Disputes. Unfair Labor Practice in Dismissal Addressed under the Doctrine of Proportionality.

The Bombay High Court, Nagpur Bench, examined a labor dispute where the petitioner, a former employee, contested his dismissal on the grounds of unfai...