Search Results for "Discretionary Powers"

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Supreme Court

Supreme Court Quashes High Court Order Impleading Additional Accused Under Section 319 CrPC Due to Vague Allegations and Insufficient Evidence. The Court Held That Discretionary Power Under Section 319 CrPC Must Be Exercised Sparingly With Strong and Cogent Evidence Showing Near Probability of Complicity, Which Was Lacking in This Case.

16 Feb 2024

The appeal arose from a criminal case involving allegations of trespass, abuse, and assault under various sections of the Indian Penal Code, 1860. The...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Upholding Extension of Time for Deposit. Trial Court's Discretionary Order Under Section 148 CPC and Section 28 Specific Relief Act Upheld as Plaintiff Showed Sufficient Cause for 853-Day Delay Through Illness.

24 Feb 2023

The dispute arose from a civil suit for specific performance of an agreement to sell dated 09.05.2012, where the plaintiff had paid an advance of Rs. ...

Supreme Court

Supreme Court Upholds Licensing Conditions on Orchestra Bars Under Maharashtra Police Act, 1951. Gender-Based Numerical Restrictions on Performers Held Valid as Reasonable Restrictions in Public Interest Under Article 19(6) of the Constitution.

18 Feb 2022

The appeals arose from a judgment of the High Court of Bombay that upheld conditions imposed by the Commissioner of Police, Brihan Mumbai, on orchestr...

Supreme Court

Supreme Court Upholds State Transport Authority in Motor Vehicles Act Case on Vehicle Replacement Rule. Kerala Motor Vehicle Rule 174(2)(c) Validated as It Does Not Exceed Section 83 and Serves Public Safety by Prohibiting Older Vehicle Replacements.

17 Feb 2022

The Supreme Court of India addressed a dispute concerning the validity of Rule 174(2)(c) of the Kerala Motor Vehicle Rules, 1989, which allows the tra...

Supreme Court

Supreme Court Quashes Municipal Corporation's Mandamus for Land Acquisition Due to Lapsed Reservation and Financial Incapacity. Reservation under Development Plan Lapsed Under Section 127 of MRTP Act, 1966, and Acquisition Not Mandated as Corporation Lacked Funds Under RFCTLARR Act, 2013.

14 Feb 2022

The dispute involved a land reservation under the Kolhapur development plan sanctioned in 1999 for public purposes like parking and garden. The landow...

Supreme Court

Supreme Court Allows Trust's Appeal in Public Trusts Act Case Due to Registrar's Erroneous Application of Discretionary Power. Registrar's Rejection of Sanction for Sale of Trust Properties Was Invalid as It Was Based on Cultural Preservation Concerns Rather Than Assessment of Prejudice to Trust's Interest Under Section 14 of Madhya Pradesh Public Trusts Act, 1951.

28 Jan 2022

The dispute involved a public trust registered under the Madhya Pradesh Public Trusts Act, 1951, seeking sanction to sell five of its immovable proper...

Supreme Court

Supreme Court Dismisses Landowner's Appeal in Eco-sensitive Zone Case, Upholding NGT's Reliance on Expert Committee Report. The Court affirmed the National Green Tribunal's jurisdiction and application of the precautionary principle under the Environment (Protection) Act, 1986, and National Green Tribunal Act, 2010, regarding the Zonal Master Plan 2030 for Mount Abu.

12 Jan 2022

The Supreme Court addressed appeals under Section 22 of the National Green Tribunal Act, 2010, arising from NGT judgments dated 10 March 2021 and 29 J...

Supreme Court

Supreme Court Upholds Central Government's Decision in Repatriation of Prisoners Act Case Due to Discretionary Powers and International Comity. The Court held that adaptation of sentences under Section 13(6) is not mandatory and the High Court erred in directing reduction without considering administrative discretion and binding treaty obligations.

11 Jan 2022

The dispute arose from the conviction of the Respondent by the Supreme Court of Mauritius for possession of 152.8 grams of heroin, resulting in a 26-y...

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