Search Results for "Misuse"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
Supreme Court Takes Suo Motu Cognizance in Illegal Sand Mining Case Involving Wi...
Supreme Court Sets Aside High Court Order in Eviction Case and Remands to Trial ...
Supreme Court Quashes Charge Against Accused in Abetment of Suicide Case Due to ...

Search Results for "Misuse"

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Supreme Court

Supreme Court Allows Transfer of Divorce Petition from Karnataka to Maharashtra for Convenience of Wife. Transfer Granted Under Section 25 of Code of Civil Procedure, 1908 Due to Wife's Hardship from Distance, Lack of Companionship, and Language Barriers in Contesting Case in Karnataka.

18 Apr 2023

The background of the dispute involved a matrimonial conflict between a husband and wife who married in December 2020 after meeting on Facebook. The w...

Supreme Court

Supreme Court Quashes Disqualification Order Against Zilla Parishad Member Under Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. The court held that disqualification under Section 16(1)(i) requires direct evidence of interest in work done by Zilla Parishad order, not mere inference of misuse, and procedural fairness under Section 40 was violated.

17 Apr 2023

The dispute arose from the disqualification of a Zilla Parishad member elected on 08.01.2020, following a petition by a defeated candidate under Secti...

Supreme Court

Supreme Court Allows CBI's Appeal Against Grant of Default Bail to Accused in Corruption Case - Statutory Bail Right Extinguished Upon Filing of Charge Sheet Under Section 167(2) CrPC. Accused's Detention After Cancellation of Interim Bail Under Chapter XXXIII CrPC Does Not Count Towards 90-Day Period for Default Bail, as Charge Sheet Was Filed Before Bail Application Decided.

10 Apr 2023

The Supreme Court of India heard an appeal by the Central Bureau of Investigation (CBI) against a judgment and order dated 30.09.2022 passed by the Hi...

Supreme Court

Supreme Court Quashes Bail Orders for Accused in IPC Murder Case Due to Lack of Cogent Reasons and Seriousness of Offences. High Court Erred in Granting Bail Without Proper Consideration of Gravity Under Sections 147, 148, 149, 307, 302 IPC and Failed to Assign Reasons as Required in Bail Jurisprudence.

28 Mar 2023

The Supreme Court heard appeals filed by the original informant/complainant challenging bail orders granted by the Allahabad High Court to three accus...

Supreme Court

Supreme Court Dismisses Application for Juvenile Status Determination in Death Penalty Case Due to Inconsistent Evidence and Procedural Delays. Applicant Failed to Prove Juvenility Under Section 9(2) of Juvenile Justice (Care and Protection of Children) Act, 2015, with Discrepancies in Name and Age Documents and Belated Claim After Conviction Confirmation.

27 Mar 2023

The case involved an application under Section 9(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, filed by a convict sentenced ...

Supreme Court

Supreme Court Addresses Caste Certificate Verification and Affinity Test in Scheduled Tribe Claims Under Maharashtra Act. The Court examines procedural guidelines and the role of affinity tests in determining caste claims, referencing prior judicial directives and legislative frameworks.

24 Mar 2023

The dispute centered on the verification of caste certificates for Scheduled Tribes in Maharashtra, involving procedural guidelines and the role of th...

Supreme Court

Supreme Court Considers Transfer Petition in Murder Trial Amid Allegations of Unfair Proceedings and Political Interference. Transfer sought under Section 406 CrPC due to alleged political vendetta, witness intimidation, and procedural irregularities including withdrawal of prosecution under Section 321 CrPC set aside by High Court.

17 Mar 2023

The Supreme Court considered a transfer petition filed under Section 406 of the Code of Criminal Procedure, 1973, by the brother of a deceased victim ...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Archbishop in Property Alienation Case Under Section 482 CrPC. The Court held that complaints alleging offences under Sections 120B, 406, 423 read with 34 IPC were not maintainable as they pertained to civil disputes and lacked essential ingredients of criminal offences, constituting abuse of process of court.

17 Mar 2023

The Supreme Court considered appeals arising from the High Court of Kerala's common judgment dismissing petitions under Section 482 of the Code of Cri...

Supreme Court

Supreme Court Directs CLAT Consortium to Follow Disability Rights Guidelines for Scribe Facilities in Competitive Examinations. The Court held that restricting scribe facilities only to candidates with benchmark disabilities violates the Rights of Persons with Disabilities Act 2016, and examination bodies must provide reasonable accommodation including scribes and compensatory time as per statutory guidelines.

17 Mar 2023

The Supreme Court of India addressed a writ petition filed under Article 32 of the Constitution by a disability rights activist challenging certain co...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

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