Search Results for "interlocutory order"

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High Court Dismisses Commercial Appeal by Appellant Against Order Rejecting Return of Plaint Application -- Maintainability Under Commercial Courts Act, 2015 and CPC -- Jurisdiction Dispute in Commercial Suit

The High Court dismissed a commercial appeal filed against an order rejecting an application under Order VII Rule 10 of CPC seeking return of plaint o...

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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 upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

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Supreme Court Restores Recount of Votes in Gram Pradhan Election Dispute. Upholding the Sanctity of Electoral Process – Recount Ordered for Disputed Polling Booths

(a) Electoral integrity and fairness are paramount to democratic principles (Para 14). (b) Discrepancy in vote count and missing election documents j...

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Supreme Court Quashes High Court's Stay on Discharge Order — Upholds Liberty of Accused. Apex Court Reaffirms Higher Pedestal of Discharged Accused — Lays Down Strict Parameters for Stay on Discharge Orders

Supreme Court quashed the High Court’s stay and surrender order — Held that stay on discharge orders should only be granted in rare and exceptiona...

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Bombay High Court Quashed the Commercial Court’s Order for Failing to Exercise Jurisdiction Under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC)

The matter was remitted to the Commercial Court for a fresh decision on the appellant’s application seeking judgment on admissions. The High Court ...

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Supreme Court Sets Aside High Court Order in Temple Receivership Dispute, Remands for Fresh Consideration. The Court held that the High Court exceeded its contempt jurisdiction by setting aside the Trial Court's order appointing a Seven Member Committee as Receiver under Order XL Rule 1 CPC.

The appeal arose from a High Court order in a contempt petition that set aside a Trial Court's order appointing a Seven Member Committee as Receiver f...

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High Court Quashes Sessions Judge's Suo Moto Revision in Arrest Case. The Bombay High Court set aside the Sessions Judge's use of suo moto powers in a matter involving a female accused's night-time arrest.

The Bombay High Court at Nagpur, in the case of Shahrukh Ziya Mohammad vs. State of Maharashtra & Ors., addressed the propriety of a Sessions Jud...

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Supreme Court Sets Aside High Court's Order and Directs Expedited Trial in Murder Case. High Court's Order Deemed Unusual and Untenable; Rs. 50,000 Cost Imposed on Respondent for Misusing Legal Process.

The Supreme Court overturned an unusual and untenable judgment by the Madras High Court, which had discharged a key accused, Respondent No. 2, in a mu...

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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.

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...