Search Results for "Section 37"

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Supreme Court Set Aside High Court’s Conviction Order – Mere Presence at the Scene of Crime Not Sufficient to Prove Unlawful Assembly. High Court erred in reversing the acquittal – No cogent evidence to establish participation in rioting – Conviction unsustainable in law

Unlawful Assembly Requires Participation – Mere presence in a riot-affected area does not automatically make a person part of the unlawful assembly ...

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Supreme Court Condones Delay in Filing Second Appeal by the State – Upholds High Court's Order Allowing Condonation of Delay. Condonation of Delay – Sufficient Cause – Merits of the Case – Liberal Approach for State Litigations

Delay in government litigation should not be condoned automatically, but a liberal approach may be taken when public interest is involved. Substantial...

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Supreme Court Clarifies Eligibility Criteria for Food Safety Officers: Master’s Degree in Relevant Subjects Valid for Appointment. Court Rules in Favor of Appellants, Quashes High Court’s Decision on FSO Qualifications

The term “degree” under Section 22(3) of the UGC Act includes Bachelor’s, Master’s, and Doctorate degrees, and any restriction to exclude Mast...

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Acquisition of Land by the State – Authority of the Beneficiary Board – Public Policy Violation – Arbitrability of Land Acquisition Disputes – Effect of Illegal Agreements – Fraud on Sovereign Power

Acquisition of land under the Land Acquisition Act, 1894, once completed with possession taken, results in absolute vesting in the Government, beyond ...

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Supreme Court Reinstates Conviction in 40-Year-Old Child Rape Case, Overturns High Court’s Acquittal. Silence of a Traumatized Child Witness Not Fatal to Prosecution Case – Medical and Circumstantial Evidence Sufficient for Conviction

Child Witness and Trauma-Induced Silence: The Court held that the silence of a traumatized child victim cannot be used against the prosecution. The ab...

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Bail Denied – Bombay High Court Refuses Bail to Accused in Gang Rape Case Citing Seriousness of Offence and Prima Facie Evidence. High Court Held – Accused Cannot Claim Bail Solely on Grounds of Delayed Trial When Charges are Framed and Prosecution is Proceeding Expeditiously

Seriousness of Offence – The Court held that gang rape under Section 376(D) IPC was punishable with rigorous imprisonment not less than 20 years, ex...

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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 Dismisses Interim Application, Holds Limitation and Due Diligence as Key Issues in Share Recovery Suit. Summary Judgment Denied in Share Dispute Due to Limitation and Need for Oral Evidence

Summary Judgment under Order XIII-A of the CPC: The Court held that a summary judgment can only be granted if the Defendant has no real prospect of d...

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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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High Court of Bombay Quashes District Court Judgment, Restores Arbitration Challenge for Fresh Consideration on Grounds of Patent Illegality and Failure to Address Key Contentions. Arbitration Award Set Aside for Reconsideration Under Section 34 of the Arbitration and Conciliation Act, 1996

Scope of Section 34: The Court held that while the scope of interference under Section 34 is limited, the District Judge must consider specific chal...