Search Results for "2005"

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High Court Dismisses Second Appeal in Land Dispute - Heirs of Appellant Fail to Restore Permanent Injunction Decree - Appellate Court's Modification of Injunction Upheld Under CPC

The High Court dismissed a Second Appeal in a land dispute case where the appellants sought restoration of a Trial Court decree granting permanent inj...

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High Court Allows Writ Petition for Continuity of Service Benefits -- Reinstated Workman Granted Government Resolution Benefits from 1988 -- Labor Court Reinstatement Implicitly Includes Service Continuity

The High Court allowed a writ petition challenging orders that denied continuity of service benefits to a reinstated workman. The petitioner, engaged ...

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Supreme Court Allows State's Appeal Against High Court Orders Granting Arrest Protection In Arms Licence Forgery Case -- Investigation To Proceed Without Protection Under IPC And Arms Act

The Supreme Court allowed criminal appeals filed by the State of Uttar Pradesh against High Court orders that granted protection from arrest to three ...

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Supreme Court Dissolves Marriage Under Article 142 Due to Irretrievable Breakdown -- Husband Directed to Pay Permanent Alimony in Hindu Marriage Act Case

The Supreme Court allowed the husband's appeal seeking divorce from his wife. The parties were married in 2003 and had been living separately since 20...

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Supreme Court Allows Appeal for Return of Dowry and Gold Ornaments Under Muslim Women Act -- Divorce Entitles Woman to Recover Properties Given at Marriage --

The Supreme Court allowed an appeal by Rousanara Begum, a divorced Muslim woman, seeking return of dowry and gold ornaments given at her marriage. The...

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Supreme Court Quashes Criminal Proceedings in Land Dispute Case, Finds Abuse of Process and Civil Nature of Allegations Under Sections 420, 467, 468 IPC

The Supreme Court quashed criminal proceedings against Anukul Singh for offences under Sections 420, 467, and 468 IPC, finding them to be an abuse of ...

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Supreme Court Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...

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Supreme Court Reinstates Conviction in Cheque Dishonour Case, Modifies Sentence to Fine. Presumption Under Section 139 NI Act Favours Complainant Unless Rebutted by Probable Defence – High Court’s Acquittal Overturned

Presumption of Legally Enforceable Debt (Sections 118 & 139 NI Act): The Supreme Court reiterated that once the complainant proves the cheque...

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Contractual Bar on Pendente Lite Interest: Strict Construction Required Under Arbitration Act, 1940. Supreme Court Upholds Arbitrator’s Power to Award Interest Unless Expressly Barred in Contract

Arbitration Act1940 Act: Arbitrator has inherent power to award pendente lite interest unless expressly barred by contract (Para 8, 10). Strict Co...

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Supreme Court Quashes Chargesheet Against Tehsildar in Land Settlement Case, Citing Unexplained Delay and Lack of Malafide. Inordinate Delay and Absence of Extraneous Influence Bar Disciplinary Proceedings Against Quasi-Judicial Officers

Major Acts and Provisions: Judges Protection Act, 1985 (JPA 1985) – Para 4 Madhya Pradesh Land Revenue Code, 1959 – Section 57(2) �...