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 Upholds Union and State in Consumer Protection Rules Challenge, Reversing High Court's Striking Down of Qualification and Procedure Provisions. Rules 3(2)(b), 4(2)(c), and 6(9) of Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 Found Not Arbitrary Under Article 14 of Constitution of India, as They Provide Sufficient Guidelines for Appointments to Consumer Commissions.

3 Mar 2023

The Supreme Court addressed appeals by the Ministry of Consumer Affairs, Union of India, and State of Maharashtra against a common judgment and order ...

Supreme Court

Supreme Court Dismisses Appeal Against High Court's Revival of Lease in Minor Minerals Auction. High Court's finding that solvency certificate defect was bona fide and rectifiable, and Collector lacked jurisdiction under Orissa Minor Minerals Concession Rules, 2016, upheld.

3 Mar 2023

The dispute arose from an auction for a sand sairat lease under the Orissa Minor Minerals Concession Rules, 2016. The original writ petitioner, respon...

Supreme Court

Supreme Court Allows Victim's Appeal for Further Investigation in Criminal Case Involving Influential Minister. The court directed further investigation under Section 173(8) CrPC due to admitted lapses by the State, holding that commencement of trial and framing of charges are not absolute impediments to ensuring fair investigation.

24 Feb 2023

The appeal arose from a High Court judgment dismissing a writ petition filed by the victim seeking transfer of investigation to the Central Bureau of ...

Supreme Court

Supreme Court Quashes Summoning of Additional Accused in Dowry Death Case Under Section 319 CrPC Due to Insufficient Evidence. The Court held that power under Section 319 CrPC requires more than prima facie evidence and strong cogent evidence indicating involvement, which was lacking as allegations were general and vague without specific role attribution.

21 Feb 2023

The Supreme Court addressed a criminal appeal arising from a High Court order summoning appellants as additional accused under Section 319 CrPC in a d...

Supreme Court

Supreme Court Clarifies Safeguards for Advance Medical Directives and Right to Die with Dignity. The Court laid down detailed procedures for execution, implementation, and revocation of Advance Directives, involving Medical Boards and judicial oversight to ensure voluntary and informed decisions under Article 21 of the Constitution.

24 Jan 2023

The Supreme Court addressed an application by the Indian Society of Critical Care Medicine seeking clarification of a prior judgment in Common Cause (...

Supreme Court

Supreme Court Quashes Conviction Under Section 138 of Negotiable Instruments Act, 1881 and Sets Aside Civil Decrees Based on Promissory Notes Due to Misuse of Blank Cheques Issued as Security. The Court Held That the Presumption Under Section 139 Was Rebutted as the Cheques Were Issued for Chitfund Security and Presented After Account Closure, and the Lender's Financial Capacity Was Not Proven in Civil Suits.

18 Jan 2023

The Supreme Court of India, in a judgment delivered by Justice B.R. Gavai, disposed of criminal and civil appeals arising from a dispute involving dis...

Supreme Court

Supreme Court Allows Prosecution Appeal in Bail Cancellation Case, Holding Default Bail Can Be Cancelled on Merits After Chargesheet. Bail granted under Section 167(2) CrPC is deemed under Chapter XXXIII, permitting cancellation under Section 439(2) CrPC based on special grounds and seriousness of offences post-investigation.

16 Jan 2023

The appeal arose from a judgment of the High Court of Andhra Pradesh dismissing a petition by the Central Bureau of Investigation under Section 439(2)...

Supreme Court

Supreme Court Allows Bail in GST Offences Case with Conditions on Deposit and Liberty. Appeal against High Court's dismissal of bail under Section 439 CrPC granted, directing continuation of ad-interim bail conditions including Rs.4 Crore deposit and surety, with warning against misuse of liberty.

31 Mar 2022

The appeal arose from an order dated 24.03.2021 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M No.8190 of 2021, dismissing the ...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

Supreme Court

Supreme Court Modifies Orders on Ex Gratia Compensation for COVID-19 Deaths, Setting Time Limits and Ordering Sample Scrutiny. The Court fixed outer time limits for filing claims and permitted random scrutiny of 5% of applications in select states to verify claims under Section 52 of the Disaster Management Act, 2005.

24 Mar 2022

The Supreme Court heard an application by the Union of India, Ministry of Home Affairs, seeking modification of its previous orders dated 30.06.2021 a...

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