Search Results for "Section 33"

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Search Results for "Section 33"

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Supreme Court

Supreme Court Quashes Proceedings Against Editor in POCSO Case Due to Lack of Magistrate Permission for Investigation. The Court held that Section 155(2) of the Code of Criminal Procedure, 1973 applies to non-cognizable offences under Section 23 of the Protection of Children from Sexual Offences Act, 2012, and investigation without Magistrate permission is vitiated, barring cognizance.

21 Mar 2022

The appeal arose from a judgment of the High Court of Karnataka dismissing a criminal petition under Section 482 of the Code of Criminal Procedure, 19...

Supreme Court

Supreme Court Dismisses Application for Appointment of Arbitrator in Arbitration Dispute Over Final Award. The court held that the award was final and had adjudicated all claims, with no unresolved issues requiring fresh arbitration, and rejected a plea for correction under Section 33 of the Arbitration and Conciliation Act, 1996 as it was not raised in the application and lacked merit.

15 Mar 2022

The dispute arose from a civil appeal where the Supreme Court appointed Justice S.S. Nijjar as sole arbitrator to resolve disputes between the parties...

Supreme Court

Supreme Court Sets Aside High Court Order Quashing Notification Declaring Gram Panchayat as Municipal Board - Constitutional Validity of State Notification Under Article 243Q Upheld. The Court held that Article 243Q of the Constitution does not mandate a separate notification by the Governor for specifying a transitional area, and the State's notification under Section 5 of the Rajasthan Municipalities Act, 2009, issued on behalf of the Governor, is sufficient and valid.

10 Mar 2022

The appeal arose from an order of the High Court of Judicature of Rajasthan dated 28.4.2015, which set aside a notification dated 12.8.2014 declaring ...

Supreme Court

Supreme Court Dismisses Appeal in National Green Tribunal Case on Limitation and Jurisdiction Grounds. Challenge to Environmental Clearance Barred by Limitation as It Was Granted Before NGT Act Enforcement and No Action Taken Under Previous Act, While Jurisdiction Over Land Use Change Notification Depends on Whether It Involves Breach of Conditions Under Environment (Protection) Act, 1986.

7 Mar 2022

The appeal arose from a judgment of the National Green Tribunal (NGT) dated 2 August 2013, which dismissed an appeal on grounds of limitation and lack...

Supreme Court

Supreme Court Allows Withdrawal of CIRP Proceedings in Insolvency Case Based on Settlement with Majority Home Buyers. Original applicants (home buyers) permitted to withdraw Section 7 application under Insolvency and Bankruptcy Code, 2016 as settlement reached with corporate debtor and majority home buyers, with corporate debtor undertaking to complete project within one year.

3 Mar 2022

The dispute arose from a housing project in Gurgaon, where the corporate debtor, Jasmine Buildmart Pvt. Ltd., failed to complete the project within ei...

Supreme Court

Supreme Court Dismisses Appeal by Stone Quarry Lease Holders Against NGT Order Prohibiting Mining in Elephant Corridor. The Court upheld the National Green Tribunal's directions to ban mining activities in the Similipal-Hadagarh-Kuldiha-Similipal elephant corridor and to complete the process for declaring a conservation reserve under Section 36 of the Wildlife (Protection) Act, 1972, based on environmental and wildlife conservation concerns.

2 Mar 2022

The dispute arose from an original application filed by Rural Organisation for Social Empowerment before the National Green Tribunal, seeking cancella...

Supreme Court

Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

24 Feb 2022

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

Supreme Court

Supreme Court Upholds Licensing Conditions on Orchestra Bars Under Maharashtra Police Act, 1951. Gender-Based Numerical Restrictions on Performers Held Valid as Reasonable Restrictions in Public Interest Under Article 19(6) of the Constitution.

18 Feb 2022

The appeals arose from a judgment of the High Court of Bombay that upheld conditions imposed by the Commissioner of Police, Brihan Mumbai, on orchestr...

Supreme Court

Supreme Court Partially Allows Appeal in Murder Case, Upholding Conviction of One Accused and Acquitting Others for Lack of Common Intention. The court held that common intention under Section 34 IPC requires prior concert, which was absent for appellants whose roles were limited to holding and pulling the deceased, not participating in the fatal assault.

16 Feb 2022

The appeal arose from a murder conviction where Krishnamurthy, Gopala, and Thimmappa were convicted under Section 302 read with Section 34 IPC, among ...

Supreme Court

Supreme Court Upholds Conviction of Accused in Murder and Arms Act Case Based on Reliable Evidence and Forensic Confirmation. Life Sentence Imposed Under Section 302 IPC and Section 25 Arms Act Sustained as Lower Courts Properly Assessed Eyewitness Testimonies and Forensic Reports Despite Procedural Issues.

4 Feb 2022

The appeals arose from a High Court judgment convicting the appellants for life under Section 302 IPC and Section 25 of the Arms Act, while acquitting...

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