Search Results for "Section 113"

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Supreme Court

Supreme Court Sets Aside High Court Order in GST Case Due to Availability of Statutory Alternative Remedy. High Court Erred in Entertaining Writ Petition Under Article 226 of Constitution as No Exceptional Circumstances Like Breach of Fundamental Rights or Violation of Natural Justice Were Established, and Respondent Should Have Availed Remedy Under Section 107 of Central Goods and Services Tax Act, 2017.

3 Sep 2021

The dispute arose from a judgment of the High Court of Telangana dated 4 March 2020, which set aside the action of the Assistant Commissioner of State...

Supreme Court

Supreme Court Dismisses State's Appeal in Lease Termination Case Due to Procedural Non-Compliance. Lease Termination Invalid as State Failed to Provide Notice and Opportunity to Remedy Default Under Clause 12 of Lease Deed, 1979, and Assignment to Partnership Firm Did Not Constitute Breach Under Clause 14.

3 Sep 2021

The dispute originated from the State of Kerala's termination of a lease agreement concerning 246.26 acres of forest land, initially auctioned in 1953...

Supreme Court

Supreme Court Dismisses Employees' Appeal in Gratuity Amendment Case, Upholding Prospective Application and Tax Deduction. The Court held that the Payment of Gratuity (Amendment) Act, 2010 applies prospectively from its notified date of 24.5.2010, not retrospectively from 1.1.2007, and that the cut-off date does not create an arbitrary classification as gratuity is a one-time payment distinct from pension.

13 Aug 2021

The appeal arose from a dispute involving employees of Coal India Limited challenging the High Court of Jharkhand's order dated 27.7.2016, which decli...

Supreme Court

Supreme Court Upholds Conviction of Husband in Dowry Death Case Under Section 304-B IPC. The court found that death by poisoning within four years of marriage, coupled with evidence of consistent dowry demands and failure to rebut the statutory presumption under Section 113-B Evidence Act, established the offence beyond reasonable doubt.

28 May 2021

The appeal arose from a dowry death case where the appellant, husband of the deceased, was convicted under Section 304-B IPC by the Trial Court, with ...

Supreme Court

Supreme Court Upholds Conviction of Accused in Dowry Death and Abetment of Suicide Case Under Sections 304B and 306 IPC. The Court interpreted 'soon before' in Section 304B IPC as requiring a proximate and live link between dowry demand and death, not immediate proximity, based on legislative intent to address social evil.

28 May 2021

The appeals arose from the High Court's dismissal of the appellants' criminal appeals, upholding their conviction and sentence by the Trial Court for ...

Supreme Court

Supreme Court Acquits Accused in Murder and Assault Case Due to Inconsistent Evidence and Doubts on Prosecution Story. Appellate Interference with Acquittal Unwarranted as Trial Court's View Was Possible and Not Perse, Under Section 378 CrPC, Given Material Contradictions Between Witness Testimonies, FIR, and Medical Reports.

7 May 2021

The Supreme Court of India heard criminal appeals by Achhar Singh and Budhi Singh against their conviction by the High Court of Himachal Pradesh, whic...

Supreme Court

Supreme Court Sets Aside Bail in Dowry Death Case Due to Lack of Judicial Reasoning. High Court's mechanical grant of bail without evaluating seriousness of allegations under Section 304-B IPC and Section 113-B Evidence Act was held impermissible, requiring reasoned orders in such serious offences.

5 Apr 2021

The appeal arose from a bail order dated 1 December 2020 passed by a Single Judge of the Allahabad High Court in Criminal Miscellaneous Bail Applicati...

Supreme Court

Supreme Court Allows Appeal Against Review Order Deleting Possession Finding in Property Dispute. The High Court exceeded its review jurisdiction under Order 47 Rule 1 CPC by deleting a finding on possession based on non-framing of issue, which was not an error apparent on the face of the record.

3 Nov 2020

The Supreme Court allowed an appeal against the High Court's order in a review petition that deleted a paragraph from its earlier judgment in a proper...

Supreme Court

Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

27 Feb 2019

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

Supreme Court

Supreme Court Dismisses Appeal in Land Acquisition Compensation Dispute — Compensation to be Determined as per New Act with Base Date of 01.01.2014. The Court upheld the High Court's decision that the appellant was entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with the base date of 01.01.2014, rejecting the contention that the date of award should be the base date.

5 Feb 2019

The appellant, Hori Lal, owned land that was acquired by the State of Uttar Pradesh for the construction of the Varanasi Bye-Pass (Ring Road). The acq...

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