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Supreme Court

Supreme Court Allows Appeal in Summary Suit for Recovery of Dues — Conditional Leave to Defend Set Aside. Unconditional Withdrawal of Criminal Prosecution Under Negotiable Instruments Act and Lack of Explanation for Delayed Cheques Indicate No Admission of Debt, Entitling Defendant to Unconditional Leave to Defend.

15 Jul 2019

The Supreme Court considered an appeal against an order granting conditional leave to defend in a summary suit filed by Polycab Wires Pvt. Ltd. agains...

Supreme Court

Supreme Court Allows Appeal Against Unconditional Stay of Arbitral Award in Favour of State Government. Order XXVII Rule 8A CPC Does Not Mandate Unconditional Stay; Court Must Impose Conditions Under Section 36(3) of Arbitration and Conciliation Act, 1996.

12 Jul 2019

The case arises from a dispute between PAM Developments Private Ltd. (appellant) and the State of West Bengal (respondent) concerning a tender for roa...

Supreme Court

Supreme Court Dismisses Appeal Against Framing of Charges in Terror Murder Case — Prima Facie Case of Conspiracy Under UAP Act Made Out Against PFI President. The Court held that at the stage of Section 227 CrPC, only a prima facie case is required, and the charge sheet materials sufficiently indicated the appellant's involvement in a conspiracy to murder RSS members, justifying the framing of charges under IPC, Arms Act, and UAP Act.

1 Jul 2019

The Supreme Court dismissed an appeal by Asim Shariff, the appellant, challenging the rejection of his discharge application under Section 227 of the ...

Supreme Court

Supreme Court Modifies Custody and Visitation Order in Guardianship Dispute — Directs Continuation of Minor Child in Boarding School with Enhanced Visitation Rights for Mother. The Court upheld the High Court's direction for the child's admission in Good Shepherd International School, Ooty, but modified the visitation schedule to allow the mother custody during entire summer vacation and half of winter vacation, balancing the child's relationship with both parents under the Guardian and Wards Act, 1890.

1 Jul 2019

The case involves a custody and guardianship dispute between the appellant (mother) and respondent (father) over their minor daughter, Aditi, born on ...

Supreme Court

Supreme Court Quashes Criminal Complaint for Theft of Documents in Corporate Dispute — Internal Audit Reports and Confidential Documents Not 'Stolen' as They Were Obtained Through Legal Proceedings. The Court held that the ingredients of theft under Section 379 IPC are not satisfied when documents are obtained through legal proceedings and used in bona fide litigation, and continuation of criminal proceedings would be an abuse of process.

15 May 2019

The appeals arise from a criminal complaint filed by Birla Corporation Limited (the appellant) against Adventz Investments and Holdings Limited and ot...

Supreme Court

Supreme Court Allows Appeal in Service Promotion Dispute — Continuous Service Under Recruitment Rules Must Be Actual Service, Not Deemed Date. The Court held that the deemed date of promotion under Seniority Rules cannot be treated as actual continuous service for eligibility under Recruitment Rules, quashing the promotion of Respondent No. 3 to Section Officer.

10 May 2019

The Supreme Court allowed the appeal filed by Girish Kumar against the judgment of the Bombay High Court (Aurangabad Bench) which had upheld the promo...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

Supreme Court

Supreme Court Quashes FIR Against Appellants in Forgery Case for Clerical Error in Vakalatnama. High Court's Direction to Lodge Complaint Set Aside for Lack of Satisfaction Under Section 340 CrPC.

10 May 2019

The case arises from a criminal appeal against the judgment of the Madurai Bench of Madras High Court dated 14.09.2016, which dismissed the anticipato...

Supreme Court

Supreme Court Allows Appeals in NDPS Case: Summoning Under Section 319 CrPC After Conviction Is Impermissible. The power under Section 319 CrPC can be exercised only before the pronouncement of judgment; once the trial concludes and judgment is pronounced, the court becomes functus officio.

10 May 2019

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Punjab and Haryana High Court, which had dismissed crimina...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Case — Order II Rule 2 CPC Bar Applicable for Successive Alienations. Two separate sale deeds by same vendor to same vendee on different dates constitute distinct causes of action, but suit for second alienation is barred if not included in earlier suit when cause of action was same.

10 May 2019

The Supreme Court considered an appeal against the High Court's judgment that set aside the concurrent findings of the trial court and first appellate...

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