Search Results for "Revisional Jurisdiction"

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Supreme Court

Supreme Court Dismisses Appeal Against Framing of Charges in Terror Murder Case — Prima Facie Case of Conspiracy Under UAP Act Made Out Against PFI President. The Court held that at the stage of Section 227 CrPC, only a prima facie case is required, and the charge sheet materials sufficiently indicated the appellant's involvement in a conspiracy to murder RSS members, justifying the framing of charges under IPC, Arms Act, and UAP Act.

1 Jul 2019

The Supreme Court dismissed an appeal by Asim Shariff, the appellant, challenging the rejection of his discharge application under Section 227 of the ...

Supreme Court

Supreme Court Allows Revision Petition in Consumer Execution Proceedings. Holds that Execution is Continuation of Consumer Dispute Under Section 21(b) of Consumer Protection Act, 1986.

6 May 2019

The present Civil Appeal arose out of execution proceedings initiated by the Respondent-Complainant, K. A. Nagamani, against the Appellant, Karnataka ...

Supreme Court

Supreme Court Sets Aside Enhancement of Sentence in POCSO Case Due to Procedural Violation — High Court's Suo Motu Enhancement Without Notice Held Illegal. Enhancement of Sentence from 7 to 10 Years in Accused's Own Appeal Violates Section 386 Proviso CrPC and Principles of Natural Justice.

16 Apr 2019

The appellant, Kumar Ghimirey, was convicted by the Special Judge (POCSO Act, 2012) under Section 9/10 of the Protection of Children from Sexual Offen...

Supreme Court

Supreme Court Restores Consumer Forum Orders in Loan Insurance Dispute — Finance Company Held Liable for Delay in Obtaining Insurance Policy Despite Premium Payment. The Court held that under Section 64VB(2) of the Insurance Act, 1938, risk is covered from the date of premium payment, and the finance company's delay in obtaining the policy from its sister concern constituted deficiency of service.

16 Apr 2019

The Supreme Court allowed the appeal filed by the complainant, Ashatai w/o Anand Duparte, against the order of the National Consumer Disputes Redressa...

Supreme Court

Supreme Court Allows Appeal Against Order for Further Investigation After Discharge of Accused. Magistrate Becomes Functus Officio After Discharge and Cannot Order Further Investigation Under Section 173(8) CrPC.

9 Apr 2019

The appellant, Bikash Ranjan Rout, was the original accused in FIR No. 426/2007 registered at Police Station Janakpuri, Delhi for offences under Secti...

Supreme Court

Supreme Court Allows State Appeal Against Discharge in Abetment to Suicide Case — Dying Declaration and Prior Complaints Constitute Prima Facie Evidence. The Court restored charges under Section 306 IPC and Section 3(2)(V) of SC/ST Act, holding that the High Court exceeded its revisional jurisdiction by re-appreciating evidence at the charge-framing stage.

13 Mar 2019

The State of Madhya Pradesh appealed against the High Court's order discharging the respondent, Deepak, from charges under Section 306 of the Indian P...

Supreme Court

Supreme Court Allows State Appeal Against Discharge in Abetment of Suicide Case — Dying Declaration and Prior Complaints Constitute Prima Facie Evidence. The Court held that the High Court exceeded its revisional jurisdiction under Section 397 CrPC by discharging the accused at the charge-framing stage despite the existence of a dying declaration and multiple complaints indicating harassment.

1 Mar 2019

The State of Madhya Pradesh appealed against the High Court's order discharging the respondent, Deepak, from charges under Section 306 of the Indian P...

Supreme Court

Supreme Court Upholds Magistrate's Summoning Order in Hawala Case — High Court's Revision Order Set Aside. Court holds that at the stage of taking cognizance under Section 190(1)(b) CrPC, the Magistrate need not record detailed reasons; sufficiency of grounds is to be assessed from the charge sheet and accompanying documents.

8 Feb 2019

The Supreme Court allowed the appeal filed by the State of Gujarat against the judgment of the Gujarat High Court which had set aside the order of the...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Acquittal Based on Fiduciary Relationship. Concurrent Findings of Fact Cannot Be Upset in Revision Without Perversity; Presumption Under Section 139 NI Act Applies Even Between Fiduciaries.

6 Feb 2019

The appellant-complainant, Bir Singh, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent-accu...

Supreme Court

Supreme Court Allows Appeal in Section 6 Specific Relief Act Suit — High Court's Revision Under Section 115 CPC Set Aside for Exceeding Jurisdiction. Revisional Power Cannot Be Used to Correct Errors of Fact or Law in Interlocutory Orders.

4 Feb 2019

The dispute arose from a civil suit filed by Respondent No.1 (Shashi Verma) under Section 6 of the Specific Relief Act, 1963, seeking declaration of w...

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