Search Results for "substantial justice"

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Supreme Court

Supreme Court Allows Civil Appeal in Arbitration Dispute, Restoring Arbitral Award Modified by Lower Courts. Judicial Interference Under Section 34 of Arbitration and Conciliation Act, 1996 is Limited, and Courts Cannot Re-appreciate Evidence or Modify Awards on Merits.

4 Jan 2024

The dispute arose from a construction contract between a civil engineering contractor and the Karnataka State Public Works Department for building off...

Supreme Court

Supreme Court Dismisses Writ Petition in Land Conversion Case Due to Non-Compliance with Policy Conditions. Petitioner's Claim for Leasehold to Freehold Conversion Failed as Land Area and Capital Investment Did Not Meet Mandatory Requirements Under Uttar Pradesh Tourism Policy, 2013.

17 Mar 2023

The dispute arose from a writ petition filed by a company challenging the order dated 24.01.2022 issued by respondent No. 1, which rejected its propos...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Archbishop in Property Alienation Case Under Section 482 CrPC. The Court held that complaints alleging offences under Sections 120B, 406, 423 read with 34 IPC were not maintainable as they pertained to civil disputes and lacked essential ingredients of criminal offences, constituting abuse of process of court.

17 Mar 2023

The Supreme Court considered appeals arising from the High Court of Kerala's common judgment dismissing petitions under Section 482 of the Code of Cri...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

Supreme Court

Supreme Court Allows Victim's Appeal for Further Investigation in Criminal Case Involving Influential Minister. The court directed further investigation under Section 173(8) CrPC due to admitted lapses by the State, holding that commencement of trial and framing of charges are not absolute impediments to ensuring fair investigation.

24 Feb 2023

The appeal arose from a High Court judgment dismissing a writ petition filed by the victim seeking transfer of investigation to the Central Bureau of ...

Supreme Court

Supreme Court Interprets Tax Exemption Calculation Method Under Gujarat Tourism Incentive Scheme. The court held that exemption limits under the New Package Scheme of Incentives for Tourism Projects, 1995-2000, should be calculated based on tax payable, not gross receipts, as per the exemption notification dated 14.02.1997 under Section 29(1) of the Gujarat Entertainments Tax Act, 1977.

2 Feb 2023

The appeal arose from a judgment of the Gujarat High Court concerning the interpretation of tax exemption calculations under the Gujarat New Package S...

Supreme Court

Supreme Court Reinstates Prosecution of Public Servant and Spouse in Prevention of Corruption Act Case for Disproportionate Assets. High Court's Discharge Order Quashed as It Erred in Re-appreciating Evidence at Charge Framing Stage Under Section 239 CrPC, Failing to Consider Prima Facie Case Based on FIR and Charge Sheet Materials.

5 Sep 2022

The Supreme Court heard appeals by the State of Tamil Nadu against the Madras High Court's judgment discharging a public servant and his wife from pro...

Supreme Court

Supreme Court Upholds Municipal Corporation's Land Acquisition for Road Construction Under Mumbai Municipal Corporation Act. Municipal Corporation Validly Exercised Independent Powers Under MMC Act Without Requiring Road Inclusion in Development Plan Under MRTP Act, With Public Interest Justifying Acquisition Despite Property Owners' Objections.

2 Sep 2022

The dispute originated from the Municipal Corporation of Mumbai's efforts to acquire portions of the appellants' property for constructing a link road...

Supreme Court

Supreme Court Quashes Execution Proceedings in Specific Performance Decree Due to Procedural Violations Under Order XXI Rule 34 CPC. Execution Court's Failure to Serve Draft Sale Deed and Allow Objections, Coupled with Deviation in Executed Sale Deed from Decree Property, Vitiated the Proceedings, Requiring Fresh Compliance with Mandatory Procedure.

28 Feb 2022

The dispute arose from an agreement to sell property dated 28.01.2006, where the respondents sued for specific performance against the appellant. The ...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused Based on Supplementary Investigation Report. Magistrate Must Consider Both Initial Report Under Section 173(2) and Supplementary Report Under Section 173(8) of Code of Criminal Procedure, 1973 Conjointly to Determine Prima Facie Case, Following Precedent in Vinay Tyagi v. Irshad Ali.

18 Feb 2022

The appeal arose from a judgment of the High Court of Kerala dated 3 March 2021. On 3 February 2016, an FIR was registered against the appellants for ...

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