Search Results for "Triable Issue"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "Triable Issue"

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Supreme Court

Supreme Court Quashes Summoning Order in PMLA Case Due to Lack of Territorial Jurisdiction. Special Court in Ghaziabad Lacked Jurisdiction as Money-Laundering Offence Allegedly Committed in Maharashtra, Under Section 44(1) of Prevention of Money-laundering Act, 2002.

7 Feb 2023

The dispute arose from a writ petition under Article 32 of the Constitution of India challenging a summoning order issued by the Special Judge, Anti-C...

Supreme Court

Supreme Court Allows Appeal in Summary Suit for Recovery of Dues — Conditional Leave to Defend Set Aside. Unconditional Withdrawal of Criminal Prosecution Under Negotiable Instruments Act and Lack of Explanation for Delayed Cheques Indicate No Admission of Debt, Entitling Defendant to Unconditional Leave to Defend.

15 Jul 2019

The Supreme Court considered an appeal against an order granting conditional leave to defend in a summary suit filed by Polycab Wires Pvt. Ltd. agains...

Supreme Court

Reforming Sentencing Practices in Indian Criminal Justice: Towards Fairness and Consistency Navigating Legal Precedents and Recommendations for Systematic Change

17 May 2024

Compiles excerpts from various legal sources and cases concerning sentencing guidelines and procedures in the Indian criminal justice system. It discu...

Supreme Court

Supreme Court Quashes Summons Against Accused Not Named in Police Report Under Section 190(1)(b) CrPC. Magistrate Cannot Summon Persons Not Named in Police Report or Column (2) of Report, Proper Course is Under Section 319 CrPC After Evidence Collection.

16 Mar 2022

The Supreme Court addressed an appeal concerning the power of a Magistrate to summon an individual not named in a police report under Section 190(1)(b...

Supreme Court

Supreme Court Reinstates Prosecution of Public Servant and Spouse in Prevention of Corruption Act Case for Disproportionate Assets. High Court's Discharge Order Quashed as It Erred in Re-appreciating Evidence at Charge Framing Stage Under Section 239 CrPC, Failing to Consider Prima Facie Case Based on FIR and Charge Sheet Materials.

5 Sep 2022

The Supreme Court heard appeals by the State of Tamil Nadu against the Madras High Court's judgment discharging a public servant and his wife from pro...

High Court

Bombay High Court Dismisses Bail Petition and Transfers NIA Case to Special Court in Parbhani ISIS Conspiracy Case. Court holds that bail cannot be granted on ground of delay in trial when accused is charged under Unlawful Activities (Prevention) Act, 1967 and IPC for conspiracy to commit terrorist acts, and that transfer of case to NIA Special Court is warranted under Section 406 CrPC for expeditious trial.

5 Jul 2018

The judgment concerns two connected matters: a writ petition filed by Naser Bin Abu Bakr Yafai seeking bail in Sessions Case No. 106 of 2016 pending b...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Goods Sold — Triable Issues Raised Regarding Quality and Rejection of Goods. The court held that where the defendant raises a triable issue, unconditional leave to defend must be granted, and the plaintiff cannot obtain a decree without trial.

13 Oct 2017

The plaintiff, Shree Pushkar Chemicals & Fertilizers Ltd., filed a Commercial Summary Suit against the defendant, Huntsman (International) India Pvt. ...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Rejection of Plaint Under Order VII Rule 11 CPC. The Court held that the plaint disclosed triable issues regarding mortgage, power of attorney revocation, and jurisdiction, and could not be rejected at the threshold.

31 Jan 2025

The appellant, Vinod Infra Developers Ltd., claimed ownership of agricultural land in Jodhpur and alleged that it had borrowed Rs. 7.5 crores from res...

Supreme Court

Supreme Court Allows Default Bail in UAPA Case: Exclusive Jurisdiction of Special Court for Extension of Investigation Period. The right to default bail under Section 167(2) CrPC accrues upon expiry of 90 days and is not defeated by subsequent filing of charge sheet if application was made before filing.

30 Oct 2020

The Supreme Court allowed the appeal of Bikramjit Singh, who was arrested in connection with a grenade attack at a Nirankari Bhawan in Amritsar on 18....

High Court

Bombay High Court Quashes Process in Criminal Complaint for Non-Compliance with Mandatory Inquiry Under Section 202(1)(a) CrPC. Offence Under Section 315 IPC Exclusively Triable by Sessions Court Requires Magistrate's Personal Inquiry, Not Police Investigation.

20 Jan 2015

The applicants, Sau. Shailja w/o Ambadas Dhanvijay and Ambadas s/o Balakdas Dhanvijay, challenged three orders passed by the learned Judicial Magistra...

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