Search Results for "discretion"

856 result(s) found

Scroll Down To Discover

Found 856 result(s)

© Image Copyrights Juris Services & Technology

Promotion Dispute Decided on "Seniority-Cum-Fitness" Principle. Bombay High Court emphasizes seniority in promotional disputes, barring further merit assessments once minimum fitness is proven.

The High Court of Bombay addressed a writ petition filed by Smt. Shweta Takalgavankar challenging the promotion of a junior, Smt. Asha Bagul, to the p...

© Image Copyrights Juris Services & Technology

Dispute Over Insolvency Proceedings and Settlement. A pivotal judgment addressing the scope of inherent powers under Rule 11 of NCLAT Rules for settling insolvency proceedings before the constitution of the Committee of Creditors.

The Supreme Court of India examined the legality of a settlement approved by the National Company Law Appellate Tribunal (NCLAT), which was challenged...

© Image Copyrights Juris Services & Technology

Supreme Court Strikes Down Arbitrary Remission Conditions for Life Sentence Convict "Conditions on remission must meet constitutional standards of reasonableness and fairness."

This appeal concerns the legality of conditions imposed while granting remission to the appellant, who was serving life imprisonment for offenses unde...

© Image Copyrights Juris Services & Technology

Supreme Court Restores Trial Court's Acquittal after Witnesses' Non-appearance and Rejects Mandatory Pre-Cross Examination Decision under Section 319 CrPC. SC upholds Trial Court's discretion in rejecting Section 319 CrPC application, setting aside the Calcutta High Court order.

The Supreme Court held that there is no mandatory requirement to decide an application under Section 319 CrPC before cross-examining prosecution witne...

© Image Copyrights Juris Services & Technology

Auction Set Aside on Equitable Grounds: Auction Purchaser Compensated with Interest. Supreme Court modifies High Court orders to grant 6% interest to auction purchaser for delay in refund after auction cancellation.

The Supreme Court partially allowed the appeal of the auction purchaser, who was deprived of the use of Rs.81,20,000 due to the cancellation of an auc...

© Image Copyrights Juris Services & Technology

"Bombay High Court Upholds Tender Award for Waste Management Services: Minor Procedural Lapse Not Sufficient for Interference" "Public interest outweighs technical irregularities, as the court balances fairness and practicality in tender proceedings."

The writ petition challenging the award of a tender to Konark Infrastructure Ltd. for the daily sweeping, cleaning, and waste management services in ...

© Image Copyrights Juris Services & Technology

Suspension of Resolution Professional Confirmed by Bombay High Court. Bombay High Court dismisses the writ petition challenging the suspension of Resolution Professional’s registration for failure to perform duties as per IBC regulations.

The High Court of Bombay upheld the decision of the Disciplinary Committee of the Insolvency and Bankruptcy Board of India (IBBI) to suspend the petit...

© Image Copyrights Juris Services & Technology

High Court Allows Transfer of Criminal Case and Restores Dismissed Domestic Violence Application to Ensure Justice for Applicant Facing Financial Hardship Relief granted under Section 407 of Cr.P.C. to avoid multiplicity of proceedings and ensure the applicant receives due maintenance.

  Date of Hearing: The case was heard on October 16, 2024, by the High Court with Ms. Musale representing the applicant and Ms. Phad represen...

© Image Copyrights Juris Services & Technology

"Bombay High Court Upholds Arbitrator's Discretion on Venue of Arbitration" "Agreement on seat does not preclude venue change for procedural convenience: Bombay High Court rules in Dhule arbitration case."

The petitioner challenged the arbitrator's decision to change the arbitration venue to Aurangabad, arguing that the agreed venue per contract was Dhul...