Search Results for "Assam Civil Courts Act"

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Bombay High Court Quashes Appointment of Court Commissioner in Land Dispute Without Issues Being Framed. Appointment of Commissioner under Order 26 Rule 9 CPC Held Premature When No Issues Framed and No Evidence Recorded.

The petitioners challenged an interlocutory order dated 26/02/2014 passed by the Joint Civil Judge, J.D., Washi, Dist. Osmanabad, below Exh.18 in RCS ...

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Supreme Court Upholds Registrar's Refusal to Register Curative Petitions in Interest on Delayed Payments Act Case. Curative Petitions Cannot Be Entertained When Review Petitions Are Dismissed in Open Court, Not by Circulation, Under Supreme Court Rules, 2013.

The dispute originated from the maintainability of a suit under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings ...

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Bombay High Court Upholds Conviction for Murder by Burning in Liquor Dispute — Dying Declarations Found Credible and Consistent. The court held that multiple dying declarations with consistent core version are sufficient for conviction under Section 302 IPC even without motive.

The appellant, Mariba Piraji Chapewad, was convicted under Section 302 IPC for murdering Ganesh Suryawanshi by pouring kerosene on him and setting him...

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Bombay High Court Allows Petitions of Inter-State Prisoners Challenging Local Surety Condition for Furlough. Condition in Government Circular dated 16th December 2008 requiring local surety within Maharashtra for prisoners from other States held violative of Articles 14 and 21 of the Constitution.

The Bombay High Court dealt with two criminal writ petitions filed by prisoners Subodh Prasad and Jagbir Singh challenging the condition in Government...

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Supreme Court Allows Appeal for Enhanced Compensation in Motor Accident Case — Prosthetic Limb Compensation Mandated for Amputee Driver. Life Expectancy of 70 Years and 5% Annual Inflation Applied for Prosthetic Limb Replacement Costs Under Section 168 of Motor Vehicles Act, 1988.

The appellant, a 32-year-old driver, suffered a severe accident on 02.05.2007 when a Haryana Roadways bus dashed into his motorcycle from behind, resu...

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Bombay High Court Dismisses Employer's Challenge to Industrial Court Order Quashing Recovery of Excess Salary Paid Due to Employer's Mistake. Recovery of Rs.1,94,637/- from Retired Employee Set Aside as Employer's Inadvertence Cannot Be Visited on Employee.

The respondent, Sou. Anjali Anil Tare, was appointed as a Lower Division Clerk (LDC) in 1977 and passed her lower division grade examination in 1980, ...

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Supreme Court Allows State Appeal in Police Constable Dismissal Case — Reinstates Dismissal Despite Criminal Acquittal. Standard of Proof in Disciplinary Proceedings is Preponderance of Probabilities, Not Beyond Reasonable Doubt.

The appeal arises from a judgment of the Division Bench of the Rajasthan High Court which set aside the dismissal of the respondent, a police constabl...

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High Court of Karnataka Quashes Adverse Remarks Against Police Inspector in Murder Case — Remarks Made Without Opportunity of Hearing Violate Principles of Natural Justice. Section 482 Cr.P.C. Petition Allowed to Expunge Observations Regarding Investigation Lapses.

The petitioner, Hanumantharaya, an Inspector of Police, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash/e...

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Supreme Court Directs Clarification on Unnatural Deaths in Prisons in PIL on Prison Conditions; Custodial Violence and Dignity Under Article 21 Reiterated. Classification of Prison Deaths by NCRB as Natural or Unnatural Found Ambiguous and Requires Explanation.

The Supreme Court, in a public interest litigation regarding inhuman conditions in 1382 prisons, addressed the issue of unnatural deaths of prisoners....