Search Results for "Residual provision"

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Supreme Court Confirms Death Sentence for Rape and Murder of 7½-Year-Old Mentally Challenged Girl. Circumstantial Evidence Including Last Seen, Recovery, and Medical Reports Established Guilt Beyond Doubt; Aggravating Factors Outweighed Mitigating Factors.

The Supreme Court dismissed the appeals of Manoj Pratap Singh, upholding his conviction and death sentence for the kidnapping, rape, and murder of a 7...

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Supreme Court Commutes Death Sentence to Life Imprisonment in Rape and Murder of Minor. Conviction Upheld but Death Penalty Not Warranted Due to Lack of Aggravating Circumstances.

The appellant, Ravishankar @ Baba Vishwakarma, was convicted by the Trial Court for kidnapping, raping, and murdering a 13-year-old girl, and for dest...

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High Court of Bombay at Goa Allows Writ Petition of Retired Judicial Member of Railway Claims Tribunal — Notification Denying Pension Quashed as Ultra Vires and Unconstitutional. Pension is a right under Article 300A and denial without authority of law is arbitrary and violative of Articles 14 and 16.

The petitioner, Prabhakar H. Parab, a retired Judicial Member of the Railway Claims Tribunal, filed a writ petition under Article 226 of the Constitut...

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Supreme Court Allows Appeal of Army Washerman Discharged on Medical Grounds Without Invalidating Board. Discharge under Rule 13(3)(III)(iii) of Army Rules, 1954 requires Invalidating Board recommendation; residual clause (v) inapplicable.

The appellant, Ex-Sepoy (Washerman) Ram Khilawan, was enrolled in the Indian Army on October 23, 1987. He was discharged from service on August 31, 19...

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Bombay High Court Dismisses Developer's Appeal Against Injunction Restraining Unauthorized Construction of Additional Floors. Purchaser's Right to Seek Injunction Upheld Where Developer Alters Building Character Without Consent and Fails to Form Society as Agreed.

The appeal arises from a suit filed by the respondent (original plaintiff) against the appellant (original defendant) seeking a permanent injunction r...

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Supreme Court Allows Family Pension Claim for Widow of Army Jawan Discharged Without Invalidation Medical Board. Discharge on Medical Grounds Requires Invalidation Board Under Rule 13(3)(III)(iii) of Army Rules, 1954; Residual Provision Not Applicable.

The appeal arose from a judgment of the Armed Forces Tribunal (AFT) at its Principal Bench, New Delhi, which dismissed the Original Application filed ...

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Supreme Court Allows Appeal of Ex-Sepoy Discharged on Medical Grounds Without Invalidating Board. Discharge under Rule 13(3)(III)(iii) of Army Rules, 1954 requires Invalidating Board; failure renders discharge illegal.

The appellant, Ex-Sepoy (Washerman) Ram Khilawan, was enrolled in the Indian Army on October 23, 1987. He was placed in permanent Low Medical Category...