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 Allows Complainant's Appeal in Criminal Procedure Case, Reinstating Summons Under Section 319 CrPC. The High Court's Premature Interference with Trial Court's Summons Based on Eyewitness Evidence and Prima Facie Satisfaction Was Set Aside, Emphasizing the Court's Duty to Ensure Justice Under Section 319 of the Code of Criminal Procedure, 1973.

26 Mar 2025

The Supreme Court heard appeals against an order of the Punjab and Haryana High Court which had set aside summons issued under Section 319 of the Code...

Supreme Court

Supreme Court Dismisses Civil Appeal in Property Dispute, Upholding Decree Setting Aside Sale Deeds and Granting Relief to Executor. Title to Property Was Acquired Through Court Auction Sale, Making Subsequent Sale Deeds Void, and Relief Was Moulded in Favor of Executor to Execute Terms of Probated Will Under Indian Succession Act, 1925.

25 Mar 2025

The Civil Appeal arose from a confirming judgment and decree dated 08.09.2016 in O.S.A. No. 230 of 2007 of the High Court of Judicature at Madras, at ...

Supreme Court

Supreme Court Dismisses State's Appeal in Seniority Dispute Under Karnataka Civil Services Rules. Transfer of Government Employee at Own Request with Consent to Specific Seniority Terms Governs Seniority Fixation in New Post, Not Original Appointment Date.

25 Mar 2025

The dispute arose from the transfer of a government employee from the post of Staff Nurse to First Division Assistant in the Karnataka State services....

Supreme Court

Supreme Court Condones Delay in Filing Second Appeal by the State – Upholds High Court's Order Allowing Condonation of Delay. Condonation of Delay – Sufficient Cause – Merits of the Case – Liberal Approach for State Litigations

21 Mar 2025

Delay in government litigation should not be condoned automatically, but a liberal approach may be taken when public interest is involved. Substantial...

Supreme Court

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

20 Mar 2025

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

Supreme Court

Acquisition of Land by the State – Authority of the Beneficiary Board – Public Policy Violation – Arbitrability of Land Acquisition Disputes – Effect of Illegal Agreements – Fraud on Sovereign Power

20 Mar 2025

Acquisition of land under the Land Acquisition Act, 1894, once completed with possession taken, results in absolute vesting in the Government, beyond ...

Supreme Court

Supreme Court Clarifies Scope of “Deep and Pervasive Control” in Grant-in-Aid Disputes. Supreme Court Holds ICSSR Not Liable for Salaries of CRRID Employees; Grants Discretionary, Not a Matter of Right

20 Mar 2025

Nature of the Litigation: The case involved a dispute between the Indian Council of Social Science Research (ICSSR) and Centre for Research in Rura...

High Court

High Court of Judicature at Bombay – APMC Board’s Resolution on Financial Authority & Secretary’s Charge Held Invalid. Rule 108(2) of Maharashtra APMC Rules – Financial Authority Confined to Chairman, Vice-Chairman & Secretary – Board Unauthorized to Assign Banking Powers – Resolution Against Law

18 Mar 2025

Rule 108(2) must be strictly construed – Financial control within APMC is vested in specific office bearers to ensure accountability. Chairman and V...

High Court

Bombay High Court Refused Permission to Abandon Part of Declaration Claim at the Appellate Stage.

18 Mar 2025

Order XXIII Rule 1(1) of the Code of Civil Procedure, 1908 – Right to Withdraw Suit or Abandon Part of Claim – Appellate Stage – Effect of Trial...

Supreme Court

Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution

17 Mar 2025

Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless prov...

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