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 ...

Search Results for "discretion"

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Supreme Court

Supreme Court Activates Dormant Constitutional Provision for Appointment of Ad Hoc Judges to Address High Court Backlog. The Court held that Article 224A of the Constitution of India can be utilized to appoint retired High Court judges as ad hoc judges to tackle over 57 lakh pending cases and 40% vacancies, emphasizing dynamic interpretation and consent requirements.

20 Apr 2021

The Supreme Court of India, in a public interest litigation filed by Lok Prahari, addressed the critical issue of backlog in High Courts, with over 57...

Supreme Court

Supreme Court Examines Delay in Cases Under Section 138 of Negotiable Instruments Act, 1881 and Directs Measures for Expedited Trials. The Court addressed procedural issues including mechanical conversion of summary trials to summons trials and mandatory inquiry under Section 202 of Code of Criminal Procedure, 1973, forming a committee to recommend solutions for backlog reduction.

16 Apr 2021

The Supreme Court of India, in a suo motu writ petition, addressed the significant backlog and delays in the disposal of cases filed under Section 138...

Supreme Court

Supreme Court Quashes High Court's Interim Order in Criminal Proceedings Due to Lack of Reasons and Improper Exercise of Inherent Powers. The Court Held That Blanket 'No Coercive Measures' Orders Without Conditions and Reasons Are Impermissible Under Section 482 Cr.P.C. and Article 226 of the Constitution, as They Hamper Investigation and Bypass Anticipatory Bail Provisions.

13 Apr 2021

The dispute arose from an interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in a writ petition fil...

Supreme Court

Supreme Court Quashes High Court Judgment in Tender Dispute, Reinstates Award to Lowest Bidder. The High Court exceeded its jurisdiction by substituting its interpretation of tender conditions for that of the tendering authority, violating principles of judicial review under administrative law.

9 Apr 2021

The dispute arose from a Tender Call Notice dated 30.12.2019 issued by the Office of the Superintendent, SCB Medical College and Hospital, Cuttack, fo...

Supreme Court

Supreme Court Allows Appellants in Specific Performance Suit by Reversing High Court Division Bench Judgment. Agreements and Memoranda of Understanding Interpreted Together as Supplementary, with Appellants Found Ready and Willing to Perform Contract Under Specific Relief Act, 1963.

9 Apr 2021

The dispute arose from four suits filed by the Appellants for specific performance of agreements of sale dated 20.03.1991 and memoranda of understandi...

Supreme Court

Supreme Court Dismisses Appeals of Degree Holders in Junior Engineer Recruitment Dispute - Upholds High Court's View that Degree is Not Higher Qualification than Diploma Under Recruitment Rules. The Court held that a degree in Electrical Engineering cannot be considered a higher qualification than a diploma for the post of Junior Engineer (Electrical) as per the Himachal Pradesh State Electricity Board Recruitment and Promotion Regulations, where the essential qualification is specifically a diploma.

7 Apr 2021

The Supreme Court addressed appeals concerning the eligibility of degree holders for appointment to the post of Junior Engineer (Electrical) in the Hi...

Supreme Court

Supreme Court Partially Allows Appeal in NDPS Act Case by Reducing Sentence from 15 to 12 Years Based on Mitigating Factors. The Court Held That While Imposition of Sentence Higher Than Minimum Under Section 21 of NDPS Act Does Not Require Exclusive Consideration of Section 32B Factors, Quantity of Contraband and Mitigating Circumstances Like Being a First-Time Convict and Carrier Warrant Sentence Reduction.

6 Apr 2021

The appeal arose from a criminal conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellant, Gurdev Singh, was convicted...

Supreme Court

Supreme Court Allows Appeal in Arbitration Petition Under Section 11 of Arbitration and Conciliation Act, 1996 - Family MoU Binding on Shareholders. The court held that a family Memorandum of Understanding containing an arbitration clause constitutes a valid arbitration agreement, enforceable under Section 11 of the Arbitration and Conciliation Act, 1996, and binding on heirs and successors.

6 Apr 2021

The appeal arose from the dismissal of a petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed before the High Court of Delhi...

Supreme Court

Supreme Court Upholds Assessee in Income Tax Act Case Due to Arbitrary Stay Provision. The Third Proviso to Section 254(2A) of the Income Tax Act, 1961, Was Struck Down as It Automatically Vacated Stay Orders After 365 Days Without Considering Assessee's Responsibility for Delay, Violating Article 14 of the Constitution of India.

6 Apr 2021

The Supreme Court of India addressed a batch of civil appeals concerning the constitutional validity of the third proviso to Section 254(2A) of the In...

Supreme Court

Supreme Court Dismisses Appeal Against Acquittal in Murder and Cruelty Case Due to Unreliable Dying Declaration. The Court upheld the acquittal of the accused under Sections 498A and 302/34 IPC, finding the dying declaration inconsistent and lacking proper certification of fitness of mind, and declined to interfere with concurrent findings under Article 136 of the Constitution of India.

25 Mar 2021

The dispute arose from a criminal appeal filed by the brother of the deceased challenging the acquittal of the deceased's sister-in-law and husband fo...

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