Search Results for "judicial discretion"

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Court Dismisses Petition for Birth Date Change with Costs for Lack of Merit. Litigants must refrain from misleading the judiciary—Bombay High Court emphasizes accountability.

The Bombay High Court dismissed a Writ Petition seeking correction of the Petitioner's date of birth, deeming it an attempt to mislead the Court. The ...

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"Arbitral Mandate Extension Post-Expiry: Supreme Court Clarifies Section 29A of Arbitration Act" Pandemic and mutual consent deemed sufficient cause for mandate extension.

Application under Section 29A(4) of the Arbitration and Conciliation Act, 1996, for extending the mandate of an arbitral tribunal, can be entertained ...

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Delegating Discretion: Parsi Matrimonial Courts Can Record Evidence Via Commissioner Balancing tradition and modernity under PMDA for expeditious justice.

The Bombay High Court upheld the discretion of Parsi Matrimonial Courts to direct the recording of evidence before a Court Commissioner under Order X...

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"High Court Dismisses Plea by Advertising Firm; Imposes Exemplary Costs for Misconduct" "Judicial Discretion Ensures Proportionate Penalty for Unauthorized Advertising"

The judgment pertains to the rejection of the petitioner’s request for retaining hoardings erected without proper authorization from the Mumbai Met...

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Bail Denied under Section 437(6) CrPC: Discretionary Power Exercised, Not a Default Right. Trial delay does not grant automatic bail under Section 437(6) of CrPC. Courts must exercise discretion based on facts and circumstances.

The applicant sought bail under Section 437(6) of the CrPC, claiming that the trial was not concluded within 60 days from the first date fixed for evi...

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Supreme Court Reviews Perjury Charges Against Appelants. Examining the boundaries of judicial discretion in initiating perjury proceedings.

This judgment revolves around the appeal by appellant against an order of the High Court of Uttarakhand. The High Court, while dismissing a bail cance...

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"Supreme Court Rules on High Court's Power to Stay Bail Orders: Emphasizes the Right to Liberty" "In a significant judgment, the Supreme Court outlines the strict conditions under which interim stays on bail orders can be granted, highlighting the protection of an individual's right to liberty."

The core issue pertains to whether the High Court or Sessions Court can grant an interim order to stay the operation of an order granting bail until t...

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Appeal Court Modifies Conviction in Murder Case: From Life Imprisonment to Eight Years Rigorous Imprisonment. Amravati Court reclassifies offense from murder to culpable homicide, reducing sentences of two sons while father's appeal abated due to death.

The appeal case from the Additional Sessions Judge, Amravati (Sessions Case No. 52/2015), Ravindra, Ashish, and Vaibhav were convicted under Sections ...

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Supreme Court Emphasizes Proportional Sentencing in Bigamy Case. Lenient punishment for bigamy under Section 494 IPC revised to ensure justice and uphold societal interests.

The principles of sentencing in criminal law, specifically focusing on the offense of bigamy under Section 494 of the Indian Penal Code (IPC). The cas...