Search Results for "Section 4"

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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

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

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Supreme Court Upholds Acquittal in TADA Case Due to Procedural Lapses in Recording Confessional Statements. Confessions Under TADA Act Deemed Inadmissible Due to Non-Compliance with Safeguards

Procedural Safeguards under TADA Act: The Court emphasized that confessions recorded under Section 15 of the TADA Act must strictly comply with the p...

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Appeal against the reduction of conviction from Section 302 to Section 304 Part II of the Indian Penal Code, 1860 – Supreme Court upheld the High Court’s decision considering the medical evidence, lapse of time, and the age of the accused.

Indian Penal Code, 1860 – Section 302 – Section 304 Part II – Reduction of conviction – Causation and medical evidence –...

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Supreme Court Clarifies Rules on Advocate Appearances and Vakalatnama Compliance in Court Proceedings. Supreme Court Bars Unauthorized Advocate Appearances, Reinforces Accountability in Legal Practice

The Supreme Court, in its judgment dated 20.09.2024, had directed that only authorized advocates could mark their appearances in court, and the Advoca...

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Arbitration Proceedings – Interim Relief – Failure to Issue Shares – Protection of Investment. High Court Granted Interim Relief Protecting Investment of Foreign Investor After Company Failed to Allot Shares Despite Utilizing Funds for Debt Clearance

Misappropriation of investment funds occurs not just by siphoning money but also by enjoying benefits of an investor’s funds without fulfilling corr...

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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

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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Bail Denied – Bombay High Court Refuses Bail to Accused in Gang Rape Case Citing Seriousness of Offence and Prima Facie Evidence. High Court Held – Accused Cannot Claim Bail Solely on Grounds of Delayed Trial When Charges are Framed and Prosecution is Proceeding Expeditiously

Seriousness of Offence – The Court held that gang rape under Section 376(D) IPC was punishable with rigorous imprisonment not less than 20 years, ex...

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Limitation Act, 1963 – Article 113 – Right to sue accrued when the default in payments occurred – Declaration as a defaulter does not extend limitation period – Suit for recovery of membership dues held time-barred.

a. Cause of action arose when the default in payment occurred, not when the respondents were declared defaulters.b. Suit filed beyond three years from...