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 Special Leave Petition in SEBI Adjudication Case on Document Disclosure. Petitioner's request for all documents relied upon in show cause notice denied as SEBI provided inspection and confidential documents were not relied upon in final order, upholding principles of natural justice under SEBI Act, 1992 and related rules.

14 Sep 2022

The Supreme Court of India heard a special leave petition filed by Kavi Arora against the Securities and Exchange Board of India (SEBI). The petition ...

Supreme Court

Supreme Court Allows Father's Appeal for Disinterment of Son's Body in Encounter Case, Upholding Right to Dignified Burial Under Article 21. The court held that the state's arbitrary denial of disinterment, while permitting it for others killed in the same encounter, violated Articles 14 and 21 of the Constitution of India, as the right to life includes the right of next of kin to perform last rites according to religious traditions.

12 Sep 2022

The appeal arose from a dispute over the disinterment of the body of Mohd. Amir Magrey, killed in an encounter between police and militants in Hyderpo...

Supreme Court

Supreme Court Allows Transfer of Criminal Cases Under Section 406 CrPC for Fair Trial and Convenience. Transfer petitions filed by accused seeking consolidation of 16 cases across four states to Mumbai court granted based on commonality of facts, accused, witnesses, and transactions primarily in Mumbai, despite one case being at final stage, to secure ends of justice under Section 406 of Code of Criminal Procedure, 1973.

9 Sep 2022

The Supreme Court of India heard transfer petitions filed by an accused petitioner under Section 406 of the Code of Criminal Procedure, 1973, seeking ...

Supreme Court

Supreme Court Quashes High Court Order Compromising Cash-for-Job Scam Case and Reinstates Criminal Proceedings. High Court's quashing of criminal complaint under Section 482 CrPC based on compromise between accused and victims was set aside as offences under Sections 406, 409, 420, 506(1) IPC are non-compoundable and involve public interest in corruption allegations.

8 Sep 2022

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions challenging a High Court order that quashed a criminal complain...

Supreme Court

Supreme Court Quashes Conviction Under Section 411 IPC Due to Lack of Evidence on Knowledge of Stolen Property. The Court held that mere possession and sale of goods at cheaper rates, without proof of knowledge they were stolen, fails to establish the essential ingredients under Section 411 of the Indian Penal Code, 1860, and reliance on co-accused's disclosure statements is insufficient for conviction.

7 Sep 2022

The appeal arose from a criminal case where the appellant was convicted under Section 411 of the Indian Penal Code, 1860, for dishonestly receiving st...

Supreme Court

Supreme Court Dismisses Transfer Petition in Matrimonial Proceedings Due to Insufficient Grounds. Wife's Request to Transfer Case from Uttar Pradesh to Delhi Family Court Rejected After Examination of Facts and Circumstances Under Section 25 of Code of Civil Procedure, 1908.

5 Sep 2022

The Supreme Court of India was approached through a transfer petition filed by the petitioner-wife seeking to transfer matrimonial proceedings initiat...

Supreme Court

Supreme Court Allows Transfer Petition in Matrimonial Dispute for Convenience of Petitioner. Transfer of Divorce Case from Gurugram to Arwal Granted Under Discretionary Power, Ensuring Fair Proceedings in Family Court Jurisdiction.

5 Sep 2022

The dispute arose from a matrimonial case where the petitioner-wife filed a transfer petition in the Supreme Court under its civil original jurisdicti...

Supreme Court

Supreme Court Dismisses Appeal in Benami Property Dispute Under Benami Transaction (Prohibition) Act, 1988. Plaintiffs Failed to Prove Property Was Held for Benefit of Hindu Undivided Family Coparceners Under Section 4(3)(a), Making Suit Barred Under Section 4(1).

5 Sep 2022

The dispute originated from a civil suit filed by Laxmi Prasad, his wife, and two daughters against his two sons and subsequent purchasers, seeking de...

Supreme Court

Supreme Court Upholds Municipal Corporation's Land Acquisition for Road Construction Under Mumbai Municipal Corporation Act. Municipal Corporation Validly Exercised Independent Powers Under MMC Act Without Requiring Road Inclusion in Development Plan Under MRTP Act, With Public Interest Justifying Acquisition Despite Property Owners' Objections.

2 Sep 2022

The dispute originated from the Municipal Corporation of Mumbai's efforts to acquire portions of the appellants' property for constructing a link road...

Supreme Court

Supreme Court Dismisses Appeal in Arbitration Case Upholding Arbitrator's Discretion on Post-Award Interest. The Court held that under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, the arbitrator has discretion to determine the quantum for post-award interest, and since the award specified interest only on the principal, the statutory default did not apply.

1 Sep 2022

The appeal arose from a judgment of the Delhi High Court dismissing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, which ch...

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