Search Results for "discretion"

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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 "discretion"

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Supreme Court

Supreme Court Dismisses Appeal in Service Law Dispute Over Financial Upgradation Under ACP and MACP Schemes. The Court upheld the respondent's entitlement to financial benefits, distinguishing the case from precedent involving non-functional upgradation, and noted compliance with the Tribunal's order without ruling on the time-bar objection raised by the appellants.

24 Apr 2025

The appeal arose from a dispute over financial upgradation benefits under service schemes. The respondent, a TV News and Film Librarian at Doordarshan...

Supreme Court

Supreme Court Interprets Pre-Deposit Requirement Under Section 18 of SARFAESI Act in Appeals by Borrowers and Secured Creditors. The court held that pre-deposit is mandatory, computed based on the amount claimed in the notice under Section 13(2), excluding future interest, with adjustments for recoveries after filing the petition under Section 17.

23 Apr 2025

The Supreme Court of India, in a group of appeals, addressed the interpretation of Section 18 of the Securitisation and Reconstruction of Financial As...

Supreme Court

Supreme Court Allows Appeal in Title Suit Over Land Dispute, Reversing High Court on Requirement to Challenge Sale Deed. Plaintiff Established Title Through Valid Gift Deed Under Muslim Law, Making Subsequent Sale Deed Void Ab Initio and Unnecessary for Cancellation Under Code of Civil Procedure, 1908.

23 Apr 2025

The dispute involved a title suit over land where the appellants, as legal heirs of the original plaintiff, claimed ownership through a registered gif...

Supreme Court

Supreme Court Reinstates Dismissed Employee in Service Law Case Due to Violation of Natural Justice and Prejudice from Criminal Acquittal. Departmental Proceedings Were Quashed as Denial of Cross-Examination and Identical Charges Post-Acquittal Rendered the Dismissal Order Legally Unsustainable Under Principles of Natural Justice and Administrative Law.

23 Apr 2025

The dispute involved a constable in the Crime Investigation Department (CID) who was dismissed from service following departmental proceedings initiat...

Supreme Court

Supreme Court Dismisses State's Appeal in Disciplinary Proceedings for Violation of Natural Justice and Procedural Rules. The Court upheld the Tribunal's order setting aside punishment due to non-compliance with U.P. Government Servants (Discipline and Appeal) Rules, 1999, including failure to examine witnesses, supply documents, and seek extension of court-stipulated time.

23 Apr 2025

The appeal arose from a challenge by the State of Uttar Pradesh against a High Court order dismissing its writ petition, which had sought to overturn ...

Supreme Court

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.

23 Apr 2025

The appeal arose from a criminal case involving allegations under the Indian Penal Code, 1860 and the Scheduled Castes and the Scheduled Tribes (Preve...

Supreme Court

Supreme Court Dismisses State's Appeal in Leave Encashment Case for Re-employed Government Servant. Re-employed Employee Entitled to Second Leave Encashment Under Rule 36 of Sikkim Government Services (Leave) Rules, 1982, as Rule 32 Creates Legal Fiction Treating Re-employment as Fresh Service Entry.

23 Apr 2025

The dispute originated from the State of Sikkim's appeal against High Court orders that granted leave encashment benefits to a re-employed government ...

Supreme Court

Supreme Court Quashes Disciplinary Proceedings Against Police Officer in 1984 Anti-Sikh Riots Case Due to Inordinate Delay and Procedural Unfairness. The Court held that remand to Disciplinary Authority for fresh disagreement note was unjustified given 38-year delay, appellant's retirement at age 80, and violation of natural justice in earlier proceedings under service rules.

23 Apr 2025

The appeal arose from disciplinary proceedings against a police officer related to the 1984 Anti-Sikh Riots. The appellant, posted as Inspector of Pol...

Supreme Court

Supreme Court Sets Aside Discharge for IPC Offences Due to Lack of Sanction Under Section 197 CrPC, Upholds Corruption Charges Under Prevention of Corruption Act. Deputation of Public Servant to Municipal Corporation Renders Section 197 CrPC Inapplicable as He Ceases to Be Removable by Government, and Amended Section 19 of PC Act Does Not Apply Retrospectively to Retired Official.

22 Apr 2025

The Supreme Court heard two appeals by special leave against a common judgment and order dated 29 January 2024 of the High Court of Punjab and Haryana...

Supreme Court

Supreme Court Upholds Conviction but Grants Probation to Accused in Cruelty Case Under Section 498A IPC - Imprisonment Set Aside Due to Clean Antecedents, Long Passage of Time, and Welfare of Dependent Child, with Probation Ordered Under Section 360 CrPC and Probation of Offenders Act, 1958.

22 Apr 2025

The appeal arose from a judgment of the High Court of Judicature at Madras, which partly allowed a criminal appeal under Section 374(2) CrPC, maintain...

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