Search Results for "Judicial Compliance"

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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.

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...

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Supreme Court Upholds Conviction of Appellant in Murder Case Despite Delay in FIR Dispatch. Delay in compliance of Section 157 CrPC does not vitiate trial where prosecution version is credible and no prejudice is shown.

The appellant Ombir Singh challenged his conviction under Section 302 read with Section 34 IPC and Section 27 of the Arms Act for the murder of Abhaiv...

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Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

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Supreme Court Allows Tenants' Appeal in Rent Control Case — Striking Out Defence Not Automatic Under Section 15(7) of Delhi Rent Control Act, 1958. Discretionary Power Must Be Exercised Judiciously; Mere Non-Compliance Does Not Justify Striking Out Defence.

The case involves an appeal by tenants against the High Court of Delhi's order upholding the Rent Controller's decision to strike out their defence in...

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Bombay High Court Allows Petition Against Railway Eviction Notice for Non-Compliance with Statutory Requirements. Notice under Section 4 of the Railway Land (Unauthorised Occupation) Act, 1966 must specify the period of occupation and be served on the person in occupation.

The petitioners, Bhupendra Villa Premises Co-operative Society Limited, M/s. Ramesh Builders, and Rajen Harshadlal Sanghvi, filed a writ petition unde...

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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

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Bombay High Court Dismisses Petition by Domestic Bidder Challenging Contract Award to Foreign Company. Price Preference Claim Rejected for Non-Compliance with Bid Conditions.

The Petitioner, Punj Lloyd Ltd., a domestic company, filed a writ petition under Article 226 of the Constitution challenging the award of a contract b...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. Preventive Detention Cannot Be Based on Old Incidents Without Proximate Link to Public Order.

The petitioner, Adil Chaus, challenged an order of preventive detention passed by the Commissioner of Police, Aurangabad, on 30 August 2011 under Sect...