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 ...

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Supreme Court

Supreme Court Dismisses Appeal in Sick Industrial Companies Act Case Due to Non-Compliance with Statutory Auction Requirements. Auction Held Invalid as Reserve Price Not Notified in Auction Notice Under Section 21(c) of Sick Industrial Companies (Special Provisions) Act, 1985, and Procedural Fairness Lacking.

27 Apr 2023

The appeal concerned the validity of an auction conducted by Industrial Development Bank of India (IDBI) as the Operating Agency for the sale of asset...

Supreme Court

Supreme Court Modifies Sentence for Accused in Kidnapping and Murder Case Due to Unlawful Fixed Term Condition. Trial Court's Imposition of 30-Year Sentence Without Remission Held Beyond Jurisdiction Under Indian Penal Code, 1860, Following Precedent.

21 Apr 2023

The Supreme Court addressed an appeal concerning the sentencing of two accused persons convicted for kidnapping for ransom and murder. The deceased, a...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Case, Restoring Interim Order for Sale of Mortgaged Property. The Court held that the interim order directing steps for sale without final orders was warranted to protect the secured creditor's rights under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as the respondent had defaulted on credit facilities.

18 Apr 2023

The appeal arose from a dispute between Punjab & Sind Bank (appellant) and M/s Frontline Corporation Ltd. (respondent) concerning the sale of mortgage...

Supreme Court

Supreme Court Dismisses Petitioners in Police Act Case Upholding Regulation of Processions. Police Authority Under Section 30 of Police Act, 1861, to Deny Permission for Route March Based on Law and Order Concerns Was Upheld as Justified.

11 Apr 2023

The dispute originated from a batch of 49 writ petitions filed by office bearers of the Rashtriya Swayam Sevak Sangh (RSS) before the Madras High Cour...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Eviction Petition Under Delhi Rent Control Act, 1958 Due to Res Judicata. The Second Eviction Petition Was Barred as the First Petition's Dismissal for Failure to Prove Landlord-Tenant Relationship Constituted a Decision on Merits Under Order 17 Rule 3 CPC, Attaining Finality Under Section 11 CPC.

29 Mar 2023

The appeal originated from an eviction petition under the Delhi Rent Control Act, 1958. The appellants, as landlords, filed a second eviction petition...

Supreme Court

Supreme Court Allows State's Appeal and Restores Original Sentence in Rash Driving Case Under Indian Penal Code. The Court held that the High Court erred in reducing the sentence from two years to eight months for causing death by rash and negligent driving under Section 304A IPC, as it failed to consider the gravity of the offence and the deterrent purpose of criminal law, constituting misplaced sympathy.

28 Mar 2023

The State of Punjab appealed to the Supreme Court against a judgment of the High Court of Punjab and Haryana, which had reduced the sentence of an acc...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case for Withdrawal of CIRP Based on Settlement Before CoC Constitution. Withdrawal Application Under Section 12A of Insolvency and Bankruptcy Code, 2016 Granted as Settlement Was Genuine and Committee of Creditors Not Constituted, Invoking Inherent Powers Under Rule 11 of NCLT Rules, 2016.

28 Mar 2023

The dispute arose from an appeal filed by a suspended director of Manpasand Beverages Ltd., the corporate debtor, against an order of the National Com...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Unreliable Evidence and Unexplained Police Presence. Conviction Under Sections 147, 148, 447, 323, 302, 149 IPC Set Aside as Prosecution Failed to Prove Charges Beyond Reasonable Doubt with Inconsistent Witness Testimonies and Sketchy FIR.

28 Mar 2023

The dispute arose from a murder case where 13 accused were alleged to have formed an unlawful assembly and killed Pradip Phukan on June 13, 1989, in D...

Supreme Court

Supreme Court Upholds Appointees in Drug Inspector Selection Case, Reversing High Court's Quashing of Appointments. The Court found no arbitrariness or illegality in the recast eligibility criteria, selection committee composition, or viva-voce marks allocation under the Jammu and Kashmir Subordinate Services Recruitment Rules, 1992, and reinstated the 2009 appointments.

28 Mar 2023

The dispute arose from the selection process conducted on 8 September 2009 for appointing drug inspectors in Jammu and Kashmir, resulting in the appoi...

Supreme Court

Supreme Court Grants Bail to Accused in NDPS Act Case Due to Prolonged Incarceration and Right to Speedy Trial. The court held that prolonged incarceration without trial violates Article 21 of the Constitution, justifying bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, despite strict bail conditions.

28 Mar 2023

The dispute involved an appellant accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, seeking bail after prolonged incarceration. ...

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