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Search Results for "trial court"

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Supreme Court

Supreme Court Allows Appeal in Part and Remands Case to High Court for Fresh Disposal of Appeal Without Considering Application for Additional Evidence. The High Court's dismissal of the first appeal without deciding the application under Order 41 Rule 27 CPC was held to be improper, and the matter was remitted for fresh consideration.

6 Dec 2021

The appellant, Satish Chand Surana, was the plaintiff in Civil Suit No.30A/2017 before the First Additional District Judge, Balode, seeking specific p...

Supreme Court

Supreme Court Allows Appeals in Money Suit Recovery Case — High Court Order for Refund of Anticipatory Bail Amount Set Aside. Full and Final Settlement Not Proved by Oral Evidence Alone When Banking Transactions Admitted.

3 Dec 2021

The appellant, Anita Rani, filed two money suits against the respondents for recovery of amounts allegedly lent or misappropriated. The first suit sou...

Supreme Court

Supreme Court Sets Aside Condonation of 1011 Days Delay in Filing Second Appeal — Gross Negligence and Lack of Sufficient Cause. Limitation Act Section 5 Requires Sufficient Cause for Entire Period of Delay; Unexplained Delay Cannot Be Condoned.

3 Dec 2021

The appellant, original plaintiff, filed a civil suit for permanent injunction which was dismissed by the Trial Court on 23.04.2016. The First Appella...

Supreme Court

Supreme Court Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

3 Dec 2021

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

Supreme Court

Supreme Court Grants Bail to Accused in NIA Case Due to Long Incarceration and Delay in Trial. Right to Speedy Trial Under Article 21 Prevails Over Statutory Bail Restrictions Under Section 43D(5) UAPA When Trial Cannot Be Completed in Reasonable Time.

1 Dec 2021

The Supreme Court allowed the appeal of Ashim @ Asim Kumar Haranath Bhattacharya, accused no. 6 in a case investigated by the National Investigation A...

Supreme Court

Supreme Court Upholds Conviction for Rape Based on Sole Testimony of Prosecutrix — Delay in FIR and Absence of Injuries Not Fatal. The court held that the prosecutrix's evidence was credible and trustworthy, and no corroboration was required under Section 376 IPC.

1 Dec 2021

The appellant, Phool Singh, was convicted by the trial court for the offence of rape under Section 376 IPC and sentenced to seven years rigorous impri...

Supreme Court

Supreme Court Dismisses Review Petition in Criminal Matter Due to Absence of Error Apparent on Record. Review jurisdiction exercised where petitioner challenged dismissal of Special Leave Petition against trial court's cognizance order, but court found no grounds for interference under inherent jurisdiction.

30 Nov 2021

The Supreme Court of India was hearing a Review Petition (Criminal) No. 410 of 2021 in Special Leave Petition (Criminal) No. 1482 of 2021. The petitio...

Supreme Court

Supreme Court Restores Murder Conviction Under Section 302 IPC, Quashing High Court's Reduction to Section 304 Part II. The court held that injuries on vital parts like lungs and liver, causing death, established murder under 'thirdly' of Section 300 IPC, as the bodily injury was sufficient in the ordinary course of nature to cause death, despite the accused's subsequent actions of taking the deceased to a doctor.

30 Nov 2021

The dispute arose from a criminal appeal where the appellant, the first informant and brother of an injured witness, challenged the High Court's judgm...

Supreme Court

Supreme Court Sets Aside High Court's Dismissal of Second Appeal and Remands Matter for Fresh Consideration Due to Lack of Reasons. High Court Must Assign Reasons When Dismissing Second Appeal In Limine Under Section 100 of Code of Civil Procedure, 1908, to Demonstrate Application of Mind and Allow Understanding of Decision.

29 Nov 2021

The dispute originated from a civil suit for declaration of tenancy, eviction, and other reliefs filed by the plaintiff against the defendant concerni...

Supreme Court

Supreme Court Dismisses Appeal in NDPS Case: Conviction for Possession of 900 gm Smack Upheld Despite Procedural Challenges. Chance recovery from vehicle under Section 43 NDPS Act does not require compliance with Section 50, and police testimony alone can sustain conviction.

29 Nov 2021

The appellant, Kallu Khan, was convicted under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for possession...

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