Search Results for "Statutory interpretation"

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Supreme Court Allows Indian Railways' Appeals, Upholds Its Status as Deemed Dist...
Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of...
Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in...
Supreme Court Alters Conviction from Murder to Attempt to Murder in Absence of C...
Supreme Court Sets Aside Appointment Orders in Steel Plant Recruitment Case Due ...

Search Results for "Statutory interpretation"

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Supreme Court

Supreme Court Allows Appeal in Misbranded Food Case Due to Denial of Right to Re-test Sample Under Section 13(2) of Prevention of Food Adulteration Act, 1954. The court held that the right to get a sample analysed by the Central Food Laboratory applies to misbranded food articles and denial of this right due to prosecution's negligence vitiates proceedings.

29 Nov 2019

The appeal arose from a judgment of the High Court of Madhya Pradesh dismissing the appellant's application under Section 482 CrPC for quashing an ord...

Supreme Court

Supreme Court Upholds Council of Architecture's Authority Over AICTE in Architectural Education Matters — Conflict Between Two Regulatory Bodies Resolved in Favor of Special Statute. The Court held that the Architects Act, 1972, being a special statute, prevails over the general AICTE Act, 1987, in matters of approval and regulation of architectural institutions.

8 Nov 2019

The case involves a conflict between two regulatory bodies: the All India Council for Technical Education (AICTE) and the Council of Architecture (CoA...

Supreme Court

Supreme Court Allows Appeal in TADA Case Due to Non-Compliance of Section 20A(1) — Prior Approval of DSP Mandatory. The Court held that recording of information under TADA without prior approval of the District Superintendent of Police vitiates the entire proceedings, and the defect is not curable.

16 Oct 2019

The appeal arose from an order of the Designated TADA Court dismissing the appellants' application for discharge on the ground of non-compliance with ...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Limitation Bar — Winding Up Petition Filed Beyond Three Years from Default Date Cannot Be Revived Under IBC. The Court held that a time-barred winding up petition under the Companies Act, 1956 cannot be treated as a valid Section 7 application under the IBC, and the filing of a suit for specific performance does not extend limitation for a winding up petition.

25 Sep 2019

The Supreme Court considered appeals arising from the admission of a winding up petition under the Insolvency and Bankruptcy Code, 2016 (IBC). The pet...

Supreme Court

Supreme Court Allows Tenant's Appeal in Maharashtra Tenancy Act Case — Right to Purchase Not Lost Due to Lack of Knowledge of Landlord's Death. The court held that the limitation period under Section 32-F of the Maharashtra Tenancy and Agricultural Lands Act, 1948 runs from the date the tenant gains knowledge of the cessation of the landlord's disability, not from the date of cessation itself.

18 Sep 2019

The case involves a dispute under the Maharashtra Tenancy and Agricultural Lands Act, 1948, concerning the right of tenants to purchase agricultural l...

Supreme Court

Supreme Court Dismisses State Appeals Against Grant-in-Aid Claims Under Repealed 1994 Order. Employees of Non-Government Educational Institutions Entitled to Grant-in-Aid Despite Repeal of Orissa (Non Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order, 1994.

16 Sep 2019

The case involves a batch of civil appeals filed by the State of Odisha against various respondents, who are employees of non-government educational i...

Supreme Court

Supreme Court Allows Appeal of Legal Heir in Succession Dispute, Holds Portuguese Civil Code Governs Immovable Property of Goan Domicile Outside Goa. The Court ruled that the property in Bombay must be included in inventory proceedings under the Portuguese Civil Code, overriding the Indian Succession Act.

13 Sep 2019

The Supreme Court considered an appeal concerning the succession to the immovable property of a Goan domicile, Joaquim Mariano Pereira (JMP), who died...

Supreme Court

Supreme Court Allows State's Appeals in Grant-in-Aid Dispute, Holding No Vested Right Under Repealed 1994 Order. Employees Cannot Claim Grant-in-Aid After Repeal of Orissa (Non Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order, 1994, as Grant-in-Aid is Not a Vested Right and Depends on State's Economic Capacity Under Section 7C of Orissa Education Act, 1969.

9 Aug 2019

The appeals arose from a common question: whether employees of non-government educational institutions in Odisha could claim grant-in-aid under the Or...

Supreme Court

Supreme Court Holds Police Cannot Seize Immovable Property Under Section 102 CrPC. The expression 'any property' in Section 102(1) CrPC means only movable property, and immovable property cannot be seized by police during investigation.

9 Aug 2019

The Supreme Court in this judgment resolved a long-standing conflict of opinion in the Bombay High Court regarding the interpretation of Section 102 o...

Supreme Court

Supreme Court Allows Accused's Appeal for Cloned Copy of Memory Card in Rape Case — Right to Fair Trial Prevails Over Victim's Privacy. Electronic Record Held to be 'Document' Under Evidence Act and IPC, Entitling Accused to Copy Under Section 207 CrPC.

26 Jul 2019

The appellant, P. Gopalkrishnan @ Dileep, was arrayed as accused No. 8 in a case registered under various sections of the Indian Penal Code, 1860 and ...

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