Search Results for "Section 116"

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Supreme Court Partly Allows Appeal in NDPS Act Case, Modifying Sentence on Double Punishment Grounds. Separate sentences for offences under Sections 20 and 25/29 from same transaction held impermissible, and fine cannot be cumulative when sentences run concurrently under Section 53 IPC.

The appeal arose from a conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellant and a co-accused were intercepted dur...

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High Court Quashes Executive Magistrate's Show Cause Notices Under BNSS for Lack of Jurisdiction. Proceedings Under Section 126 Bharatiya Nagarik Suraksha Sanhita, 2023 Invalid Without Prior Written Order Under Section 130 Recording Substance of Information and Opinion on Sufficiency of Grounds.

The judgment involved multiple criminal writ petitions filed by various petitioners, against the State of Goa and other respondents, challenging show ...

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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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High Court of Karnataka Upholds Reinstatement of CRPF Constable in Termination Case — Termination Order Set Aside for Violation of Natural Justice. Rule 5(1) of Central Civil Service (Temporary Service) Rules, 1965 Termination Quashed as No Opportunity of Hearing Given and Order Stigmatic.

The case involves a writ appeal filed by the appellants (CRPF authorities) against an order of a learned Single Judge of the Karnataka High Court date...

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Bombay High Court Dismisses Petition Challenging Cancellation of Land Allotment Due to Procedural Irregularities. Allotment of Government Land Without Proper Inquiry and Without Notice to Interested Parties Set Aside.

The petitioner, Subhash Mutha, claimed ownership of Plot No.116, Sheet No.10B, in Pandharkawda, and applied for allotment of an adjacent government st...

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Bombay High Court Dismisses Application for Condonation of Delay in Filing Caveat in Probate Proceedings — Delay of 140 Days Not Sufficiently Explained. Court Held That Awareness of Proceedings and Legal Advice Negated Claim of Ignorance, and Delay Was Not Condoned Under Section 5 of Limitation Act, 1963.

The judgment concerns a Chamber Summons filed by the applicants (caveators) seeking condonation of a 140-day delay in filing a caveat and affidavit in...