Search Results for "court of first instance"

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Supreme Court Acquits Accused in SC/ST Act Murder Case Due to Unreliable Evidenc...
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Supreme Court Allows NHAI Appeal, Reduces Compensation for Land Acquisition Unde...
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Search Results for "court of first instance"

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Supreme Court

Supreme Court Dismisses Appeals in Land Title and Specific Performance Dispute, Upholding High Court's Reversal of First Appellate Court Decree. High Court Correctly Exercised Jurisdiction Under Section 100 CPC by Framing Substantial Question of Law on Genuineness of Agreement to Sell and Examining Document Under Section 73 Evidence Act, 1872.

9 Sep 2021

The dispute arose from two civil suits concerning land transactions in Karnataka. The respondent, as plaintiff in the first suit (OS No.20/1985), soug...

Supreme Court

Supreme Court Allows Plaintiff in Property Injunction Suit by Reversing High Court Judgment on Maintainability and Jurisdiction. The Court held that a suit for bare injunction is maintainable without a declaration prayer even when title is disputed, and the High Court exceeded its jurisdiction under Section 100 of the Code of Civil Procedure, 1908 by reappreciating evidence.

2 Sep 2021

The dispute originated from a suit filed by the plaintiff seeking perpetual injunction to restrain the defendants from interfering with the peaceful p...

Supreme Court

Supreme Court Allows Appeal in Land Auction Dispute, Reversing High Court's Declaration of Auction as Null and Void. Dispute Involved Title to Land Under Urban Land (Ceiling and Regulation) Act, 1976 and Validity of Auction by Development Authority, with Trial Court Upholding Auction and High Court Overturning It.

5 Aug 2021

The appeal arose from a judgment of the High Court of Judicature at Allahabad, which allowed a first appeal under Section 96 of the Code of Civil Proc...

Supreme Court

Supreme Court Modifies Sentence in Kidnapping and Rape Case by Ordering Concurrent Running of Sentences. Appellants Convicted Under Sections 363, 366, and 376(1) IPC for Offences Against a Minor, with Sentences Reduced from 22 Years to 10 Years Due to Omission in Sentencing Order and Single Transaction Principle.

25 May 2021

The Supreme Court addressed a criminal appeal concerning the sentencing of appellants convicted for offences under Sections 363, 366, and 376(1) of th...

Supreme Court

Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

22 Mar 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

Supreme Court

Supreme Court Allows Appeal for Full Back Wages in Wrongful Termination Case — Chartered Accountant Reinstated with Back Wages. The Court held that where termination is found to be wrongful and based on victimisation, full back wages must be awarded, and the burden of proof regarding gainful employment lies initially on the employee to plead.

1 Jan 2021

The appellant, a qualified Chartered Accountant, was appointed as Manager (Finance) by Manganese Ore (India) Limited on 22.10.1997. He was later poste...

Supreme Court

Supreme Court Dismisses Appeal in Criminal Complaint Case for Lack of Jurisdiction Under Section 195 CrPC. Private Complaint Not Maintainable for Offences Under Sections 191-192 IPC Committed in Judicial Proceedings.

2 Sep 2020

The case arises from two criminal complaints filed by M/s Bandekar Brothers Pvt. Ltd. and another against Prasad Vassudev Keni and others under Sectio...

Supreme Court

Supreme Court Dismisses Criminal Appeal in Life Imprisonment Case After Premature Release Under Article 161. The appeal became infructuous as the appellant was released under the Governor's constitutional pardon power, which overrides statutory minimum sentence requirements under Section 433-A of the Code of Criminal Procedure, 1973.

17 Jul 2020

The dispute involved a criminal appeal by an appellant convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to life...

Supreme Court

Supreme Court Remands Execution Sale Dispute for Limitation Determination. High Court's Order Setting Aside Auction Sale Set Aside for Ignoring Supreme Court's Direction to Decide Limitation First.

17 Mar 2020

The dispute arises from execution proceedings of a decree passed in favour of Shree Mahalaxmi Mercantile Coop Bank Ltd. (R2) against M/s. Abhilasha Co...

Supreme Court

Supreme Court Upholds Tariff Differentiation for Self-Financing Educational Institutions Under Electricity Act, 2003. The Court held that classification of Self-Financing Educational Institutions separately from Government and Aided Institutions for tariff purposes is permissible under Section 62(3) of the Electricity Act, 2003, as it is based on the nature of supply and purpose.

20 Feb 2020

The Supreme Court allowed the appeals filed by the Kerala State Electricity Regulatory Commission against the Division Bench judgment of the Kerala Hi...

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