Search Results for "discretion"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
Supreme Court Takes Suo Motu Cognizance in Illegal Sand Mining Case Involving Wi...
Supreme Court Sets Aside High Court Order in Eviction Case and Remands to Trial ...
Supreme Court Quashes Charge Against Accused in Abetment of Suicide Case Due to ...

Search Results for "discretion"

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Supreme Court

Supreme Court Dismisses Special Leave Petitions in Environmental Closure Case, Upholding High Court's Jurisdiction and Findings. The Court Held That the High Court Did Not Err in Enquiring into All Environmental Violations as the Petitioner Consented to a Full Evaluation, and Interference Under Article 136 Was Not Warranted Given the Absence of Exceptional Circumstances.

29 Feb 2024

The dispute arose from the closure of a copper smelter plant operated by Vedanta Limited in Thoothukudi, Tamil Nadu, due to environmental violations. ...

Supreme Court

Supreme Court Decides Tax Deduction at Source Liability for Cellular Mobile Service Providers Under Income Tax Act, 1961 - The Court clarified that obligation under Section 194-H requires principal-agent relationship between payer and payee as per Section 182 of Contract Act, 1872, and payments must be for services in buying/selling goods or asset transactions, not being securities.

28 Feb 2024

The Supreme Court delivered a common judgment addressing appeals by the Revenue and assessees, who were cellular mobile telephone service providers, c...

Supreme Court

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.

26 Feb 2024

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

Supreme Court

Supreme Court Acquits Husband in Abetment of Suicide Case Due to Insufficient Evidence of Cruelty or Harassment. Conviction under Section 306 IPC Overturned as Mere Demand of Money for Business Without Proof of Instigation or Harassment Does Not Constitute Abetment, and Presumption Under Section 113A of Indian Evidence Act, 1872 Not Invocable Without Evidence of Cruelty.

22 Feb 2024

The appeal involved a convict accused challenging the High Court's judgment that affirmed his conviction under Section 306 of the Indian Penal Code fo...

Supreme Court

Supreme Court Allows Appeal in Police Recruitment Case, Overturns Cancellation for Non-Disclosure of Acquitted Criminal Case. Non-disclosure of an acquitted case is not automatically fatal; cancellation requires assessment of facts, including acquittal and character verification, under Clause 9 of Uttar Pradesh Police Recruitment Rules, 2004.

22 Feb 2024

The dispute arose from the cancellation of a candidate's selection for the post of Constable in the Uttar Pradesh Police due to non-disclosure of a cr...

Supreme Court

Supreme Court Allows Appeal Against High Court's Quashing of Summoning Order in Abetment of Suicide Case. Magistrate's Power to Issue Summons After Closure Report Upheld, with Emphasis on Application of Mind Under Sections 202 and 204 CrPC, 1973.

22 Feb 2024

The appeal arose from a High Court order quashing a Magistrate's summoning order in a case alleging abetment of suicide under Section 306 IPC. The app...

Supreme Court

Supreme Court Quashes Election Result and Declares Appellant Mayor in Municipal Election Due to Presiding Officer's Malpractices. The Court held that the High Court erred in not granting interim relief and the presiding officer's actions in invalidating votes vitiated the election under the Punjab Municipal Corporation Act, 1976.

20 Feb 2024

The dispute arose from an election for the post of Mayor of the Chandigarh Municipal Corporation held on 30 January 2024. The appellant, Kuldeep Kumar...

Supreme Court

Supreme Court Sets Aside High Court Judgment in Teacher Appointment Case Due to Arbitrary Denial of Marks but Denies Appointment as School Closed. The Court Held That Discretionary Clauses in Recruitment Cannot Justify Arbitrary Action and That Adding Specialization Requirements to Prescribed Qualifications is Illegal, but Remedy Was Unavailable Due to Subsequent Closure of the Institution.

20 Feb 2024

The appeal arose from a dispute over the appointment of a primary school teacher at Pt. Deendayal Upadhyaya Institute for the Physically Handicapped. ...

Supreme Court

Supreme Court Quashes High Court Order Impleading Additional Accused Under Section 319 CrPC Due to Vague Allegations and Insufficient Evidence. The Court Held That Discretionary Power Under Section 319 CrPC Must Be Exercised Sparingly With Strong and Cogent Evidence Showing Near Probability of Complicity, Which Was Lacking in This Case.

16 Feb 2024

The appeal arose from a criminal case involving allegations of trespass, abuse, and assault under various sections of the Indian Penal Code, 1860. The...

Supreme Court

Supreme Court Quashes High Court's Interim Orders Staying Criminal Proceedings and ED Investigation in Loan Default and Money Laundering Case. The Court held that blanket stay of investigation under Prevention of Money Laundering Act, 2002 and Indian Penal Code, 1860 was impermissible as it obstructed statutory powers and involved factual adjudication unsuitable for writ jurisdiction under Article 226.

13 Feb 2024

The Supreme Court addressed appeals against interim orders passed by the High Court of Judicature at Allahabad, which had stayed criminal proceedings ...

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