Search Results for "section 45(4)"

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Search Results for "section 45(4)"

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Supreme Court

Supreme Court Allows Wife's Appeal in Maintenance Case: Decree for Restitution of Conjugal Rights Does Not Automatically Bar Maintenance Under Section 125(4) CrPC. Wife's Refusal to Return to Matrimonial Home Must Be Based on 'Reasonable Excuse' and Burden on Husband to Prove Wilful Neglect.

1 Jan 2025

The appellant, Rina Kumari (wife), and respondent No. 1, Dinesh Kumar Mahto (husband), were married on 01.05.2014 and separated in August 2015. The hu...

High Court

High Court of Karnataka Quashes Summons Against Senior Sub-Registrar in Criminal Case — No Prima Facie Case for Abetment or Criminal Conspiracy. Registration of Gift Deeds in Official Capacity Does Not Attract Offences Under Sections 420, 465, 468, 471, 120B IPC Without Evidence of Mens Rea or Criminal Intent.

28 Jun 2023

The petitioner, Sri Raghavendra A, was working as Senior Sub-Registrar at Basavanagudi Division, Bengaluru. In the course of his official duties, he r...

Supreme Court

Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

6 Jan 2022

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

Supreme Court

Supreme Court Reverses High Court's Quashing of FIR in Disproportionate Assets Case Under Prevention of Corruption Act, 1988. The Court Held That a Preliminary Inquiry Is Not Mandatory Before FIR Registration and the FIR Should Not Be Quashed as It Discloses a Cognizable Offence Based on Source Information.

8 Oct 2021

The appeal arose from a judgment of the Telangana High Court dated 11 February 2020, which allowed a writ petition filed by the respondents under Arti...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Former Directors in Companies Act Complaint — Complaint Barred by Limitation and Filed Without Mandatory Sanction. The court held that the complaint under Section 538(1)(c) of the Companies Act, 1956 was time-barred under Section 468 Cr.P.C. and lacked prior sanction under Section 538(3) of the Act, warranting quashing of proceedings.

23 Mar 2021

The present criminal petition was filed by Sri Avinash Subramanyam and Smt. Vani Sharma, former directors of M/s. Shimbu Imports and Exports (P) Ltd. ...

Supreme Court

Supreme Court Allows Financial Creditor's Appeal for Transfer of Winding Up Proceedings to NCLT. The Court held that the proviso to Section 434(1)(c) of the Companies Act, 2013 permits any party to apply for transfer, and the High Court's rejection based on compliance with Rule 24 and existence of a winding up order was erroneous.

22 Sep 2020

The appeal arose from an order of the Company Court (High Court of Allahabad) refusing to transfer a winding up petition to the National Company Law T...

High Court

Bombay High Court Dismisses Petition Seeking Transfer of Investigation in Custodial Death Case. Court holds that investigation by CB-CID is independent and fair, and no ground for transfer to CBI is made out.

6 Mar 2019

The petitioner, Ramprasad Gupta, filed a criminal writ petition before the Bombay High Court seeking transfer of investigation into the custodial deat...

Supreme Court

Supreme Court Upholds NGT Directions on Buffer Zones for Lakes and Rajakaluves in Bangalore — Environmental Protection Prevails Over Development Rights. The Court held that the NGT's directions for buffer zones of 75 meters around lakes and 25-50 meters around Rajakaluves are valid and must be implemented prospectively, rejecting retrospective application.

5 Mar 2019

The case involves multiple appeals under Section 22 of the National Green Tribunal Act, 2010, challenging orders of the National Green Tribunal (NGT) ...

High Court

High Court of Karnataka Dismisses State's Appeals in VAT Input Tax Credit Dispute — Reassessment Notices Issued Beyond Limitation Period Are Invalid. The court held that reassessment under Section 39(1) of the Karnataka Value Added Tax Act, 2003 must be completed within four years from the end of the relevant tax period, and notices issued after that period are barred by limitation.

31 Aug 2018

The case involves multiple writ appeals filed by the State of Karnataka against orders of a single judge quashing reassessment notices issued under Se...

High Court

Bombay High Court Allows Appeals Against Conviction in Dacoity Case Due to Unreliable Identification and Lack of Corroboration. The court held that the testimony of a single witness (PW8) without corroboration and unreliable identification cannot sustain a conviction under Section 395 IPC.

27 Apr 2016

The case involves two criminal appeals arising from a common judgment of the Additional Sessions Judge, Bombay, in Sessions Case No.1505/99. The appel...

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