Search Results for "judicial discretion"

48 result(s) found

Scroll Down To Discover

Found 48 result(s)

© Image Copyrights Juris Services & Technology

Supreme Court Allows Appeal in Rape Case - Discharge Order Restored as Consent Was Not Based on Misconception of Fact - Relationship Between Married Parties Was Consensual

<p>The Supreme Court allowed the appeal filed by the Appellant against the High Court's order which had set aside his discharge in a rape case -...

© Image Copyrights Juris Services & Technology

Supreme Court Sets Aside NCDRC Order : No Privity of Contract Between Parties, Respondent Not a ‘Consumer’ Under Consumer Protection Act, 1986. Court Holds No Tripartite Agreement Proven, Respondent Not Entitled to Compensation Under Consumer Protection Act, 1986

Privity of Contract Essential for Consumer Status: The Court reiterated that for a person to qualify as a ‘consumer’ under the CPA, t...

© Image Copyrights Juris Services & Technology

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...

© Image Copyrights Juris Services & Technology

Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

© Image Copyrights Juris Services & Technology

Counter-Claim Application Filed at a Belated Stage Rejected — Application for Counter-Claim After Framing of Issues and Recording of Evidence Not Permissible — Exceptional Circumstances Not Established

Counter-claims must generally be filed before the framing of issues; exceptional circumstances allowing later filing were absent in this case. Judici...

© Image Copyrights Juris Services & Technology

Retrospective Effect of Unconstitutional Provisions – Arbitral Tribunal Directed to Reconsider Solatium – Judicial Discretion Under Section 34(4) of Arbitration and Conciliation Act, 1996 Upheld

National Highways Act, 1956 – Section 3(J) Declared Unconstitutional – Arbitral Award Remitted for Solatium Consideration – Writ Petition Dismis...

© Image Copyrights Juris Services & Technology

Supreme Court Dissolves Marriage on Grounds of Irretrievable Breakdown, Quashes Extradition Proceedings, and Awards Permanent Alimony

Supreme Court Exercises Powers Under Article 142 of the Constitution of India to Dissolve Marriage, Quash Litigations, and Direct Release of Impounded...

© Image Copyrights Juris Services & Technology

Bail Application Allowed in Alleged Rape and Cybercrime Case Involving Consensual Relationship

Bombay High Court Grants Bail to Applicant in a Case Under the Indian Penal Code, 1860 and Information Technology Act, 2000 – Observes Prima Facie C...

© Image Copyrights Juris Services & Technology

Constitution of India, Code of Criminal Procedure, 1973, Indian Penal Code, 1860 – Bail Granted in Economic Offence Involving Cryptocurrency Scam – Judicial Discretion Under Section 437(6) of CrPC – Deposit of Partial Amount Mandated

Regular bail granted in an economic offence concerning a cryptocurrency scam involving approximately ₹4 Crore – Trial Court directed to impose con...