Search Results for "Setting Aside"

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Supreme Court Rules on Custody of US Citizen with Intellectual Disability: Repatriation to US Deemed in Best Interest. Court Emphasizes Best Interests of Child Over Parental Disputes, Upholds Guardianship Order

Best Interests of the Child: The Court emphasized that the welfare and best interests of the child are paramount in custody disputes, especially when...

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Supreme Court Acquitted Appellant Due to Lack of Conclusive Evidence Regarding Handwriting on Postal Cover — Convictions Set Aside. Insufficient Proof of Disputed Document — Prosecution’s Failure to Exhibit Primary Evidence Led to Acquittal

Failure to produce the original postal cover as primary evidence rendered the expert report inadmissible — Prosecution’s inability to prov...

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Ex-Parte Decree – Condonation of Delay – Equitable Jurisdiction – Reinstatement of Trial Court’s Order

The Supreme Court allowed the appeal and set aside the High Court’s order, thereby restoring the Trial Court’s decision rejecting the appl...

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Supreme Court of India Cancels Bail of Two Accused in Dowry Death Case. Apex Court Emphasizes the Need for Stricter Judicial Scrutiny in Cases Involving Alleged Dowry Deaths — Calls for Expeditious Trial

The Court underscored the need for heightened judicial vigilance in cases of dowry deaths and the importance of considering the broader societal impac...

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Bombay High Court – Income Tax – Remission of Matter to Dispute Resolution Panel (DRP) – Costs Imposed on Petitioner. Failure to inform the Assessing Officer of pending objections before the Dispute Resolution Panel led to the setting aside of the assessment order with costs imposed.

The Court exercised its discretion in setting aside the assessment order due to the Petitioner’s procedural lapse, emphasizing that such indulgence ...

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Conviction under Sections 302/149 of the Indian Penal Code, 1860 (IPC) set aside — Benefit of doubt granted — Prosecution failed to establish the accused’s involvement beyond reasonable doubt.

Sole testimony of an interested witness without independent corroboration cannot form the basis for conviction (Para 18) Failure to seize crucial evi...

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Motor Vehicle Accident – Compensation – Liability of Minor Driver. Supreme Court absolved the minor of driving liability and upheld enhanced compensation for the claimants while setting aside the recovery direction against the vehicle’s owner.

Constitution of India, 1950 – Article 136 – Reappreciation of Evidence – Scope of interference by Supreme Court – Findings of the lower courts...

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Supreme Court of India Ruled on the Definition of ‘Consumer’ Under the Consumer Protection Act, 1986 in Loan Transactions

The Apex Court Held That a Borrower of a Project Loan Does Not Qualify as a ‘Consumer’ When the Loan is Availed for Commercial Purposes The Supre...

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Supreme Court Sets Aside High Court’s Order of Compensation for Alleged Wrongful Confinement

Compensation for Alleged Wrongful Detention — Scope of High Court’s Jurisdiction Under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) ...

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Supreme Court Reinstates Single Judge’s Decision in A.P. Electrical Equipment Corporation Case, Emphasizes Strict Compliance with Urban Land Ceiling Act, 1976. "Actual Physical Possession Must Be Taken Before Repeal Act, 1999; Mere Paper Possession Insufficient"

The Supreme Court allowed the appeals, setting aside the Division Bench’s judgment and restoring the Single Judge’s decision. The Court held...