Search Results for "discretionary power"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "discretionary power"

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High Court

High Court Dismisses Petition Challenging Rejection of Impleadment Application in Partition Suit -- Trial Court's Discretion Under CPC Upheld Despite 20-Year Delay in Filing

9 Jan 2026

The petitioner challenged the Trial Court's order rejecting her application to implead family members as defendants in a partition suit pending since ...

High Court

High Court Dismisses Defendants' Writ Petition Against Rejection of Leave to File Additional Written Statement in Civil Suit - Trial Court Properly Exercised Discretion Under Order VIII Rule 9 CPC to Prevent Withdrawal of Admissions and Belated Counter-Claim.

25 Mar 2026

The dispute originated from a Leave and Licence Agreement dated 1 August 2018, where the respondent-plaintiff was granted licence to occupy premises b...

Supreme Court

Supreme Court Sets Aside High Court Judgment in Teacher Appointment Case Due to Arbitrary Denial of Marks but Denies Appointment as School Closed. The Court Held That Discretionary Clauses in Recruitment Cannot Justify Arbitrary Action and That Adding Specialization Requirements to Prescribed Qualifications is Illegal, but Remedy Was Unavailable Due to Subsequent Closure of the Institution.

20 Feb 2024

The appeal arose from a dispute over the appointment of a primary school teacher at Pt. Deendayal Upadhyaya Institute for the Physically Handicapped. ...

Supreme Court

Supreme Court Quashes Summoning of Additional Accused in Dowry Death Case Under Section 319 CrPC Due to Insufficient Evidence. The Court held that power under Section 319 CrPC requires more than prima facie evidence and strong cogent evidence indicating involvement, which was lacking as allegations were general and vague without specific role attribution.

21 Feb 2023

The Supreme Court addressed a criminal appeal arising from a High Court order summoning appellants as additional accused under Section 319 CrPC in a d...

Supreme Court

Supreme Court Quashes Summoning Order Against Bank Clerk in Embezzlement Case Due to Insufficient Evidence Under Section 319 CrPC. The Court Held That Mere Supply of a Dim Account Statement by a Clerk Without Transaction Authority Does Not Constitute Strong and Cogent Evidence Required for Summoning Additional Accused Under Section 319 of the Code of Criminal Procedure, 1973.

16 Mar 2023

The dispute arose from an FIR lodged by a complainant alleging embezzlement of ₹55,20,000 from his bank account, with no accused named initially. Af...

Supreme Court

Supreme Court Quashes Summons Issued Under Section 319 Cr.P.C. and Remands for Fresh Consideration. The Court held that invocation of Section 319 Cr.P.C. requires strong and cogent evidence from the evidence led before the court, and the test is more than prima facie case but short of satisfaction that unrebutted evidence would lead to conviction, setting aside the lower courts' orders based solely on the complainant's deposition.

13 Sep 2021

The Supreme Court of India heard a criminal appeal arising from a Special Leave Petition concerning the invocation of Section 319 of the Code of Crimi...

Supreme Court

Supreme Court Allows State's Appeal Against High Court Order Summoning Additional Evidence in Asaram Bapu Conviction Case. Section 391 CrPC Cannot Be Used to Fill Gaps in Prosecution Case or to Introduce Evidence That Could Have Been Produced at Trial.

17 Apr 2023

The Supreme Court allowed the appeal filed by the State of Rajasthan against the judgment of the Rajasthan High Court dated 10.02.2022. The High Court...

High Court

High Court of Karnataka Allows RBI's Appeal Against Direction to Consider Loan Settlement — No Mandamus to Compel Discretionary Power. RBI's Circulars on One-Time Settlement Are Guidelines, Not Mandatory, and Do Not Create a Vested Right in Borrower Under Reserve Bank of India Act, 1934.

12 Sep 2024

The Reserve Bank of India (RBI) filed a writ appeal challenging an order of a Single Judge of the High Court of Karnataka, Kalaburagi Bench, dated 22....

High Court

Gujarat High Court Partly Allows State's Revision in Essential Commodities Case — Confiscation Reduced from 100% to 20% Upheld. Appellate Court's Discretion to Modify Confiscation Under Section 6A of Essential Commodities Act, 1955 Upheld as Not Perverse.

21 Jan 2026

The State of Gujarat filed a Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challengin...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Waiver of Interest Under Sections 234A, 234B, 234C of Income Tax Act, 1961. Petitioner failed to deposit unutilized capital gains in specified account, leading to levy of interest.

25 Oct 2016

The petitioner, Humayun Suleman Merchant, filed a writ petition challenging the order dated 5th October 2004 passed by the Chief Commissioner of Incom...

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