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Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Case — Order II Rule 2 CPC Bar Applicable for Successive Alienations. Two separate sale deeds by same vendor to same vendee on different dates constitute distinct causes of action, but suit for second alienation is barred if not included in earlier suit when cause of action was same.

10 May 2019

The Supreme Court considered an appeal against the High Court's judgment that set aside the concurrent findings of the trial court and first appellate...

Supreme Court

Supreme Court Allows Whistleblower to Seek Quashing of Criminal Proceedings in Share Market Dispute. Appellant Granted Liberty to File Quashing Petitions Based on Sting Operation and Police Reports Revealing False Cases.

8 May 2019

The appellant, Manohar M. Galani, was involved in a firm run by his sister. One Kishore K. Keswani invested through the firm and suffered losses due t...

Supreme Court

Supreme Court Remands Second Appeal for Non-Compliance with Section 100 CPC — High Court Failed to Frame Substantial Question of Law at Admission Stage. The Court held that framing substantial questions of law for the first time in the final judgment violates the mandatory procedure under Section 100(4) of the Code of Civil Procedure, 1908, and remanded the case for fresh disposal.

7 May 2019

The appellant, a temple (Arulmighu Nellukadai Mariamman Tirukkoil), filed a civil suit for eviction of the respondent (Tamilarasi) from suit property....

Supreme Court

Supreme Court Allows Appeal in Partition Suit: Time Spent in Order IX Rule 13 Proceedings Can Constitute Sufficient Cause for Condonation of Delay in Filing Appeal Under Section 96(2) CPC. The Court held that the right of appeal under Section 96(2) CPC is a statutory right and cannot be barred by dismissal of an application under Order IX Rule 13 CPC, and that time spent in pursuing such proceedings can be considered sufficient cause under Section 5 of the Limitation Act, 1908.

7 May 2019

The Supreme Court allowed the appeal filed by Bhivchandra Shankar More against the judgment of the Bombay High Court which had refused to condone the ...

Supreme Court

Supreme Court Dismisses Appeal Against Concurrent Findings of Collusive Decree in Property Dispute. The Court upheld the lower courts' conclusion that a decree obtained by collusion was not binding on the plaintiffs, and purchasers under a subsequent sale deed were bona fide purchasers.

7 May 2019

The appeal arose from a property dispute where the original plaintiff, Jaspal Singh, residing in West Germany, authorized Kidar Singh via a special po...

Supreme Court

Supreme Court Allows Appeal in Compassionate Appointment Case, Directs Payment of Solatium Instead. Delay of 7 years and change of policy disentitle claimant to employment; only solatium under new policy is payable.

6 May 2019

The Supreme Court allowed the appeal filed by Punjab State Power Corporation Limited and others against the judgment of the High Court which had dismi...

Supreme Court

Supreme Court Allows Appeal in Gift Deed Dispute: Donor's Legal Representatives Have Locus to Challenge Collusive Exchange of Donated Property. Exchange of School Property by Principal and President Without Society Resolution Held Illegal and Void.

6 May 2019

The case involves a dispute over a property donated by Smt. Randhir Kaur to Doaba Public School via a registered Gift Deed dated 27.05.1981 for educat...

Supreme Court

Supreme Court Acquits Appellant in Murder Case Due to Lack of Evidence on Identification and Weapon. Conviction under Section 302 IPC set aside as prosecution failed to prove light source for identification and which firearm caused fatal injury.

2 May 2019

The Supreme Court allowed the appeal of Ashoksinh Jayendrasinh, setting aside his conviction under Section 302 IPC read with Section 34 IPC, Section 3...

Supreme Court

Supreme Court Dismisses State Appeal Against Acquittal in Murder Case Due to Doubtful Identification and Lack of Evidence. The High Court's acquittal of accused No.2 was upheld as a plausible view based on contradictions in evidence and darkness at the time of incident.

2 May 2019

The State of Gujarat appealed against the High Court's acquittal of respondent Kalusinh @ Harpalsinh Bhamarsinh (accused No.2) in a murder case. The i...

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