Search Results for "erroneous and prejudicial"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "erroneous and prejudicial"

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Supreme Court

Supreme Court Allows CBI Appeal in Disproportionate Assets Case — Further Investigation Under Section 173(8) CrPC Permitted Despite Earlier Closure Report. The Court held that the Special Court could take cognizance on a charge sheet filed after further investigation under Section 173(8) CrPC even if a closure report under Section 173(2) CrPC had been previously accepted.

28 Apr 2023

The case involves appeals by the Central Bureau of Investigation (CBI) against a High Court order quashing the prosecution of D. Dwarakanadha Reddy (A...

Supreme Court

Supreme Court Allows Wife's Appeal Against DNA Test Order in Divorce Case, Upholding Marital Presumption of Paternity. The Court Held That the Presumption Under Section 112 of the Indian Evidence Act, 1872, Cannot Be Rebutted by DNA Evidence Alone Without Proof of Non-Access, Protecting the Child's Legitimacy and Privacy Rights.

20 Feb 2023

The dispute arose from a divorce petition filed by the husband under Sections 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, alleging adultery by ...

Supreme Court

Supreme Court Dismisses Union of India's Appeal Against Sentence Modification in Court-Martial Case. General Court Martial Composition Violated Army Rules, 1954, Rule 40(2) and Rule 102, but Armed Forces Tribunal's Sentencing Discretion Under Section 71(e) of Armed Forces Tribunal Act, 2007 Upheld.

23 Mar 2022

The dispute arose from disciplinary proceedings against a retired Lieutenant General of the Indian Army, initiated after an anonymous complaint in 200...

Supreme Court

Supreme Court Upholds Expulsion of Trading Member for Violating Gross Exposure Limits and Failing to Maintain Capital Adequacy. Securities Contracts (Regulation) Act, 1956 - Section 22F - Appeal against Securities Appellate Tribunal order upholding expulsion from National Stock Exchange membership.

20 Nov 2020

The appellant, Rusoday Securities Ltd., was a trading member of the National Stock Exchange of India Ltd. (NSE) since November 1994 and gave an undert...

Supreme Court

Supreme Court Allows Appeal in IBC Section 7 Case — NCLT Cannot Dismiss Petition Without Applying Mind to Merits. Adjudicating Authority Must Determine Default and Admit or Reject Petition Under Section 7, Not Direct Settlement Without Considering Individual Claims.

1 Jan 2020

The present appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) arises from a judgment of the National Company Law Appellate Tri...

High Court

Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Non-Application of Mind and Violation of Right to Representation. Detenu's Right to Make Representation Under Article 22(5) of Constitution Infringed Due to Non-Supply of Grounds in Understandable Language and Unexplained Delay.

25 Jun 2019

The Bombay High Court allowed two criminal writ petitions challenging preventive detention orders passed under the Conservation of Foreign Exchange an...

High Court

Bombay High Court Quashes Notification Denying Furlough to Convicts Under Section 364 IPC — Rule 4(13) of Furlough and Parole Rules Held Ultra Vires. The Court held that the classification of convicts under Section 364 IPC as ineligible for furlough is arbitrary and violative of Article 14 of the Constitution.

5 May 2016

The petitioner, Santosh Namdeo Bhukan, was convicted under Sections 364, 302, and 201 of the Indian Penal Code (IPC) by the Additional Sessions Judge,...

High Court

Bombay High Court Strikes Down Sub-Rule 13 of Furlough Rules as Ultra Vires and Discriminatory — Convicts Convicted for Kidnapping Cannot Be Blanketly Denied Furlough. Sub-rule 13 of Rule 4 of the Maharashtra Prisons (Furlough and Parole) Rules, 1959, which excluded prisoners convicted for kidnapping from furlough, held arbitrary and violative of Article 14 of the Constitution.

28 Apr 2016

The petitioner, Sharad Devaram Shelake, was convicted by the Additional Sessions Judge, Pune under Sections 302 and 364 of the Indian Penal Code (IPC)...

High Court

Bombay High Court Dismisses Revenue's Appeal in Notional Loss Claim on Securities Reclassification. Tribunal's order allowing deduction of notional loss on transfer of securities from 'Available for Sale' to 'Held to Maturity' based on RBI guidelines upheld.

10 Jul 2014

The case involves an appeal by the Commissioner of Income Tax-2 against an order of the Income Tax Appellate Tribunal (ITAT) dated 15 July 2011. The I...

High Court

Bombay High Court Quashes Externment Order Under Section 57 of Bombay Police Act, 1950 for Non-Application of Mind. Court holds that mere registration of criminal cases without evidence of continuous harmful activity does not justify externment.

5 Oct 2012

The petitioner, Anil Chabildas Choudhary, an active member of the Rashtravadi Congress Party (NCP) in Bhusawal Municipal Council, challenged the exter...

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