Search Results for "proviso"

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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 ...
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Supreme Court

Supreme Court Quashes High Court's Protective Order in Anticipatory Bail Dismissal - No Power to Grant Protection After Rejection Under Section 438 CrPC. The Court held that once anticipatory bail is rejected, the High Court cannot grant any protection from arrest as the proviso to Section 438(1) of the Code of Criminal Procedure, 1973 explicitly permits arrest, and no inherent power exists for such relief.

28 May 2021

The Supreme Court addressed criminal appeals arising from special leave petitions filed by complainants aggrieved by High Court orders. The background...

Supreme Court

Supreme Court Modifies Sentence in Kidnapping and Rape Case by Ordering Concurrent Running of Sentences. Appellants Convicted Under Sections 363, 366, and 376(1) IPC for Offences Against a Minor, with Sentences Reduced from 22 Years to 10 Years Due to Omission in Sentencing Order and Single Transaction Principle.

25 May 2021

The Supreme Court addressed a criminal appeal concerning the sentencing of appellants convicted for offences under Sections 363, 366, and 376(1) of th...

Supreme Court

Supreme Court Dismisses Appeal by Dissenting Financial Creditor in Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. Approval of Resolution Plan by Committee of Creditors Based on Commercial Wisdom is Not Subject to Judicial Review on Grounds of Security Interest Value Omission, as Per Section 30(4) and Limited Scope Under Section 61(3).

13 May 2021

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the corporate debtor VSP Udyog Private Limited. The appellan...

Supreme Court

Supreme Court Dismisses Appeal by Dissenting Secured Creditor in Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The Court upheld the commercial wisdom of the Committee of Creditors in approving a resolution plan, ruling that consideration of security interest value under Section 30(4) is a guideline not subject to judicial review under Section 61(3), absent unfair treatment within the same class.

13 May 2021

The dispute arose from the corporate insolvency resolution process of VSP Udyog Private Limited, where India Resurgence ARC Private Limited, a secured...

Supreme Court

Supreme Court Reverses High Court in Contract Dispute Over Business Transfer vs. License Agreement. The Court held that the agreement was a transfer of existing business, not a license in premises under Bombay Rent Act, based on plain contractual language excluding extrinsic evidence.

7 May 2021

The appeal arose from a dispute over an agreement dated 07.02.1963 between the appellant, who inherited a stationary business from her deceased husban...

Supreme Court

Supreme Court Upholds Consumer in Electricity Contract Dispute Over Reduction of Load. The Court held that enhancements of contract demand constitute supplementary agreements to the initial agreement, and the three-year period under Regulation 9.2.1 of Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2005 runs from the initial agreement date, not from each enhancement.

30 Apr 2021

The dispute involved a small-scale industry, the respondent, seeking reduction of its contract demand for electricity supply from 4000 KVA to 1325 KVA...

Supreme Court

Supreme Court Upholds Conviction of Accused in SC & ST Act and IPC Rape Case Involving Blind Scheduled Caste Victim. The Court affirmed that the offence under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was committed 'on the ground' of caste due to the victim's vulnerability from blindness and Scheduled Caste status, and the rape under Section 376(1) of the Indian Penal Code, 1860 was proven beyond reasonable doubt.

27 Apr 2021

The appeal arose from a judgment of the High Court of Andhra Pradesh dated 3 August 2019, which affirmed the conviction of the appellant for offences ...

Supreme Court

Supreme Court Activates Dormant Constitutional Provision for Appointment of Ad Hoc Judges to Address High Court Backlog. The Court held that Article 224A of the Constitution of India can be utilized to appoint retired High Court judges as ad hoc judges to tackle over 57 lakh pending cases and 40% vacancies, emphasizing dynamic interpretation and consent requirements.

20 Apr 2021

The Supreme Court of India, in a public interest litigation filed by Lok Prahari, addressed the critical issue of backlog in High Courts, with over 57...

Supreme Court

Supreme Court Examines Delay in Cases Under Section 138 of Negotiable Instruments Act, 1881 and Directs Measures for Expedited Trials. The Court addressed procedural issues including mechanical conversion of summary trials to summons trials and mandatory inquiry under Section 202 of Code of Criminal Procedure, 1973, forming a committee to recommend solutions for backlog reduction.

16 Apr 2021

The Supreme Court of India, in a suo motu writ petition, addressed the significant backlog and delays in the disposal of cases filed under Section 138...

Supreme Court

Supreme Court Acquits Accused in NDPS Act Case Due to Procedural Non-Compliance in Private Vehicle Search. Conviction Quashed as Search Governed by Section 42, Not Section 43, of Narcotic Drugs and Psychotropic Substances Act, 1985, with Mandatory Requirements Not Met.

16 Apr 2021

The appeal arose from a conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, where the appellants were found with ...

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