Search Results for "Merit"

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Arbitration Award Set Aside – Fresh Arbitration Permissible. Supreme Court’s Observations on Merits Do Not Bar Fresh Arbitration – Section 11 Application Allowed

Arbitration Award Set Aside – The Arbitral Award was set aside by the Division Bench of the Bombay High Court under Section 37 of the Arbitration a...

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High Court of Bombay Set Aside Patent Application Rejection Due to Procedural Lapses and Non-Consideration of Material Evidence. Detailed Scrutiny Ordered for Patent Application with Direction for Reassignment to a Different Officer.

a) Breach of natural justice due to lack of notice on critical objections. b) Misappreciation of documentary evidence, including the Deed of Assignmen...

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Conviction under Section 376 and Section 323 of the Indian Penal Code, 1860 – Affirmed by the Supreme Court – Delay in FIR not fatal – Sole testimony of prosecutrix trustworthy.

Sole testimony of the prosecutrix, if trustworthy, is sufficient for conviction. (Para 10) Absence of injuries does not automatically negate rape alle...

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Supreme Court Upholds Cancellation of Select List for Constable Recruitment Due to Irregularities. Recruitment Process Cancelled Due to Violation of Reservation Policy and Lack of Fair Representation – Supreme Court Reiterates Doctrine of Proportionality and Wednesbury Unasonableness

The doctrine of Proportionality: The Court held that the decision to cancel the entire recruitment process was proportionate to the gravity of the irr...

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Supreme Court Partially Allowed Appeal — Clarified Sentencing Provisions Under IPC and POCSO Act — Restored Trial Court's Judgment Regarding Life Imprisonment and Fine

Conviction Under Sections 376(2)(f) and 376(2)(i) of Indian Penal Code, 1860 — Sections 3 and 4 of Protection of Children from Sexual Offences Act, ...

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Supreme Court Sets Aside Convictions in Workplace Electrocution Case – Appellants Discharged

Safety Measures and Employer Liability – Apex Court Emphasizes Absence of Prima Facie Case Under Indian Penal Code, 1860 a) The essential ingredien...

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Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...