Search Results for "Retrial not barred"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Retrial not barred"

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High Court

High Court of Karnataka Dismisses Revision Petition in Family Court Suit — Order VII Rule 11(d) CPC Application Rejected. Plaint Not Barred by Limitation as Cause of Action is Continuing Wrong Under Section 23 of Limitation Act, 1963.

2 Apr 2018

The petitioner, Adamsaheb, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 15.07.2...

High Court

Bombay High Court Allows Appeal Against Remand Order in Civil Suit — Appellate Court Exceeded Powers Under Order 41 Rule 23-A CPC. Remand Without Setting Aside Trial Court's Findings on Merits Is Not Permissible Under Order 41 Rule 23-A of the Code of Civil Procedure, 1908.

9 Nov 2022

The present appeal arises from an order of remand passed by the Appellate Court (District Court) in a civil suit. The appellants, who were the origina...

High Court

High Court of Karnataka Allows Miscellaneous Second Appeal Against Remand Order — Sets Aside First Appellate Court's Remand for Lack of Proper Reasoning. The Court held that a remand order under Order XLI Rule 23-A CPC must record satisfaction that the judgment is reversed and retrial is necessary, and cannot be passed without setting aside findings on all issues.

6 Aug 2025

The present appeal is a Miscellaneous Second Appeal filed by the 2nd defendant in a suit for declaration and permanent injunction, challenging the ord...

High Court

High Court of Karnataka Allows Appeal in Property Dispute Over 'AB' Wall — Remand Order Set Aside for Lack of Jurisdiction. First Appellate Court Exceeded Powers Under Order 41 Rule 23 CPC by Remanding Without Recording Satisfaction That Decree Was Reversed or Set Aside.

16 Feb 2022

The present miscellaneous second appeal was filed by the appellants/defendants challenging the judgment and decree dated 31.01.2013 passed by the Fast...

Supreme Court

Supreme Court Allows Appeals in FERA Case Due to Non-Compliance with Mandatory Opportunity Notice and Violation of Speedy Trial. The Court quashed criminal complaints and summoning orders against Standard Chartered Bank and its officer for offences under FERA, holding that the proviso to Section 61(2) of FERA requires a mandatory opportunity notice before prosecution, and that inordinate delay of over 20 years violated Article 21.

21 Jul 2026

The case involves appeals by Standard Chartered Bank and its officer against the judgment of the Bombay High Court, which declined to quash two crimin...

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...

High Court

Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

3 Jul 2024

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

Supreme Court

Supreme Court Quashes High Court's Revisional Order Convicting Accused in IPC Offences Due to Jurisdictional Error. High Court Cannot Convert Acquittal into Conviction Under Section 401 Cr.P.C.; Matter Remanded for Treatment as Appeal Under Section 372 Cr.P.C. After Victim's Right to Appeal Was Invoked.

25 Jan 2022

The Supreme Court addressed appeals by accused persons against a High Court judgment that reversed their acquittal and convicted them while exercising...

High Court

RFIRST APPEAL NO. 3732 of 2023

30 Jan 2026

The High Court of Gujarat heard two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Madhya Gujarat Vij Company Limite...

Supreme Court

Supreme Court Examines High Court's Dismissal of Objections Under Section 47 CPC in Enforcement of Arbitral Award. Appeal Arises from Long-Term Coal Supply Agreement Dispute Involving Fraud Allegations and Scope of Section 47.

1 Jan 1970

The dispute arose from a Long Term Agreement dated 07.03.2007 between MMTC Limited (appellant) and Anglo American Metallurgical Coal Pvt. Limited (res...

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