Search Results for "Reappreciation of Evidence"

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Bombay High Court Allows Appeal, Restores Arbitral Award in Contractor vs. Irrigation Corporation Dispute. Court Holds That Section 34 Court Exceeded Its Jurisdiction by Reappreciating Evidence and Setting Aside Award on Grounds Not Permitted Under Section 34 of the Arbitration and Conciliation Act, 1996.

The present Commercial Arbitration Appeal was filed by M/s. Shinde & Sons, a contractor, under Section 37 of the Arbitration and Conciliation Act, 199...

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High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Arbitral Award and District Court Order in Partnership Dispute. Court holds that findings of fact by arbitrator are not open to reappreciation under Section 34 unless perverse or contrary to public policy.

The appellants, M. Mallikarjuna and Smt. Rajeshwari Mallikarjuna, filed an appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996...

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High Court of Karnataka Allows Appeal in Commercial Dispute Over Arbitral Award Set Aside by Commercial Court. Court Restores Arbitral Award Holding That the Commercial Court Exceeded Its Jurisdiction Under Section 34 of the Arbitration and Conciliation Act, 1996 by Reappreciating Evidence.

The case involves a commercial dispute between Navayuga Engineering Company (appellant) and Bangalore Metro Rail Corporation Limited along with other ...

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High Court of Karnataka Allows Second Appeal in Money Loan Dispute — Sets Aside Appellate Court's Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Lack of Proper Reappreciation of Evidence Renders First Appellate Court's Judgment Unsustainable.

The appellant-defendant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 1...

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Supreme Court Upholds Conviction in NDPS Case but Reduces Sentence — Recovery of 13 Kg Charas from Dhaba Counter. Conscious possession established as appellant was managing the dhaba and contraband found below counter; sentence reduced from 15 to 10 years considering age and first offence.

The Supreme Court dismissed the appeal of Jeet Ram against his conviction under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985...

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Supreme Court Remands First Appeal for Fresh Disposal Due to Non-Compliance with Order XLI Rule 31 CPC. High Court Failed to Reappreciate Evidence and Address Limitation Issue Under Article 54 of Limitation Act, 1963 in Suit for Specific Performance.

The Supreme Court considered an appeal by the plaintiff against the judgment of the Karnataka High Court, which had affirmed the trial court's dismiss...

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Supreme Court Dismisses Review Petition of Convict in 2012 Delhi Gang Rape Case — Death Penalty Upheld. Review Petition Rejected as No Error Apparent on Face of Record; Grounds Identical to Those of Co-Accused Already Dismissed.

The Supreme Court dismissed a review petition filed by Akshay Kumar Singh, the cleaner of the bus involved in the infamous 2012 Delhi gang rape and mu...

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Supreme Court Allows Appeal in Partition Suit: High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence. The Court restored concurrent findings of trial court and first appellate court dismissing suits for partition and injunction.

The Supreme Court considered appeals against a common judgment of the Madras High Court which, in exercise of its second appellate jurisdiction under ...

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Supreme Court Allows Appeal in Property Dispute Case Due to High Court Exceeding Jurisdiction Under Section 100 CPC. High Court's Reappreciation of Evidence in Second Appeal Quashed as Beyond Scope of Substantial Question of Law.

The present appeal arises from a property dispute between the original plaintiff (respondent) and the original defendants (appellants) concerning the ...