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Supreme Court

Supreme Court Restores Acquittal in Land Dispute Case Due to Lack of Independent Evidence and Perversity in High Court's Reversal. The High Court reversed the trial court's acquittal without demonstrating perversity, leading to restoration of acquittal under Sections 379, 427, 447, 504, 506 read with Section 149 IPC.

13 Feb 2019

The Supreme Court allowed the appeal filed by Puni Devi and others against the judgment of the Himachal Pradesh High Court, which had reversed the tri...

Supreme Court

Supreme Court Allows Tenant's Appeal in Bombay Tenancy Act Case — Deemed Purchase on Tillers' Day Upheld Despite Landlord's Minority. Landlord's Application for Possession Under Section 31 Having Been Rejected, Tenant Is Deemed Purchaser Under Section 32 Read with Section 29 of the Bombay Tenancy and Agricultural Lands Act, 1948.

12 Feb 2019

The Supreme Court allowed the appeals filed by the tenant, Bayaji Sambhu Mali @ Borate (through LRs), against the judgment of the High Court which had...

Supreme Court

Supreme Court Upholds Conviction of Two Accused in Murder Case Under Section 302/34 IPC — High Court's Alteration of Charge from Section 302/149 to Section 302/34 Upheld

12 Feb 2019

The Supreme Court dismissed the appeal filed by Phuman Singh and Kashmiro, upholding their conviction under Section 302 read with Section 34 of the In...

Supreme Court

Supreme Court Allows Appeal Against Single L-1BF License for Imported Foreign Liquor in Haryana. Rule 24(i-eeee) of Haryana Liquor License Rules, 1970 Held Ultra Vires Punjab Excise Act, 1914 as State Government Cannot Delegate Power to Determine Number of Licenses for Entire State.

12 Feb 2019

The appellant, International Spirits and Wines Association of India, challenged Rule 24(i-eeee) of the Haryana Liquor License Rules, 1970 (as amended ...

Supreme Court

Supreme Court Allows Appeal Against Single L-1BF License for Imported Foreign Liquor in Haryana — Rule 24(i-eeee) Held Ultra Vires Punjab Excise Act, 1914. State Government's Exclusive Power Under Section 58(2)(e) to Regulate Licenses in Local Areas Cannot Be Delegated to Financial Commissioner.

12 Feb 2019

The appellant, International Spirits and Wines Association of India, challenged Rule 24(i-eeee) of the Haryana Liquor License Rules, 1970, as amended ...

Supreme Court

Supreme Court Upholds Conviction Under NDPS Act for Charas Possession — Informant as Investigating Officer Does Not Automatically Vitiate Trial. The Court held that Section 50 NDPS Act does not apply to search of bags, and the informant being the investigating officer does not per se vitiate the trial if no prejudice is shown and the law was nebulous.

11 Feb 2019

The appellant, Varinder Kumar, was convicted under Section 20(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for posses...

Supreme Court

Supreme Court Dismisses Appeal of Contractor in Arbitration Dispute Over Interest. Contractual Clauses 50 and 51 of GCC Barred Arbitral Tribunal from Awarding Interest on Delayed Payments Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996.

7 Feb 2019

The dispute arose from a contract awarded to Jaiprakash Associates Ltd. (JAL) by Tehri Hydro Development Corporation India Ltd. (THDC) for execution o...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Constructive Total Loss of Hydraulic Excavator Entitles Insured to Full Sum Insured Without Deduction for Underinsurance or Depreciation Applied at Renewal. The Court held that the insurer cannot apply underinsurance or double depreciation when the sum insured was fixed by the insurer at renewal without a fresh proposal form.

1 Feb 2019

The appellant, Sumit Kumar Saha, purchased a Volvo Hydraulic Excavator on 27.03.2007 for Rs.51,74,000/- and insured it with the respondent, Reliance G...

Supreme Court

Supreme Court Directs Appointment of Regular CBI Director as Per Section 4A of DSPE Act, Quashes Interim Appointment. The Court held that the interim appointment of Mr. Nageshwar Rao without recommendation of the High Powered Selection Committee was illegal and the Government must follow the statutory procedure for appointing a regular Director.

1 Feb 2019

The writ petition was filed under Article 32 of the Constitution by Common Cause, a registered society, and an RTI activist seeking a writ of mandamus...

Supreme Court

Supreme Court Upholds High Court Order Quashing Chairman's Stay on Tribunal Proceedings — Chairman of Central Administrative Tribunal Cannot Stay Proceedings Pending Before a Division Bench While Sitting Singly. The Court held that the Chairman's power under Section 5(6) read with Section 25 of the Administrative Tribunals Act, 1985 does not extend to staying proceedings before a co-ordinate Bench.

1 Feb 2019

The Supreme Court dismissed the appeal filed by All India Institute of Medical Sciences (AIIMS) against the Uttarakhand High Court's order quashing th...

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