Search Results for "Procedural illegality"

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Bombay High Court Dismisses Petition Challenging Arbitrator's Venue Change in Arbitration Dispute — Clause 19.3(b) of Agreement Held to Specify Seat, Not Venue, Under Section 20 of Arbitration and Conciliation Act, 1996.

The petitioner, Dhule Municipal Commissioner, challenged an interim order dated 16/06/2024 passed by the sole Arbitrator in Arbitration Proceeding No....

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Supreme Court Upholds Section 498A IPC as Constitutionally Valid but Issues Guidelines to Prevent Misuse. The court held that the provision is not unconstitutional but requires safeguards against misuse through directions on arrest, investigation, and compounding of offences.

The Supreme Court in this batch of writ petitions and appeals considered the constitutional validity of Section 498A of the Indian Penal Code, 1860, w...

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Supreme Court Allows Appeal of Judicial Officer Discharged During Probation and Quashes Discharge Order. Discharge Based on Bail Order and Pending Inquiry Without Hearing Violates Natural Justice and Is Arbitrary Under Rajasthan Judicial Services Rules, 2010 and Article 233 of Constitution of India.

The dispute involved a judicial officer appointed as an Additional District Judge in 2013 under the Rajasthan Judicial Services Rules, 2010, who was d...

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Supreme Court Dismisses Appeal in NDPS Case: Conviction for Possession of 900 gm Smack Upheld Despite Procedural Challenges. Chance recovery from vehicle under Section 43 NDPS Act does not require compliance with Section 50, and police testimony alone can sustain conviction.

The appellant, Kallu Khan, was convicted under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for possession...

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Supreme Court Upholds Expulsion of Trading Member for Violating Gross Exposure Limits and Failing to Maintain Capital Adequacy. Securities Contracts (Regulation) Act, 1956 - Section 22F - Appeal against Securities Appellate Tribunal order upholding expulsion from National Stock Exchange membership.

The appellant, Rusoday Securities Ltd., was a trading member of the National Stock Exchange of India Ltd. (NSE) since November 1994 and gave an undert...

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Supreme Court Remands Criminal Revision to High Court for Lack of Reasoning in Conviction Confirmation Under IPC Sections 323, 324, 452. High Court's Dismissal of Revision Without Assigning Reasons Set Aside; Case Remitted for Fresh Adjudication on Merits.

The appellants, Harveer Singh and another, were prosecuted along with two other accused for offences under Sections 323, 324, 452, 504, and 506 of the...