Search Results for "Judicial precedent"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
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Search Results for "Judicial precedent"

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Supreme Court

Supreme Court Examines Limitation Period for Execution Proceedings Under Limitation Act, 1963 - Appeal Challenges High Court's Dismissal of Revision Petition on Grounds of Time-Barred Execution Application. Court Considers Whether Limitation Period Should Be Calculated from Compromise Decree Date or Final Decree Date Under Article 136 of Limitation Act, 1963.

24 Apr 2023

The Supreme Court considered an appeal challenging a High Court judgment dated 04.01.2006 in Civil Revision No. 715/2002, which had dismissed a revisi...

Supreme Court

Supreme Court Upholds Appointees in Drug Inspector Selection Case, Reversing High Court's Quashing of Appointments. The Court found no arbitrariness or illegality in the recast eligibility criteria, selection committee composition, or viva-voce marks allocation under the Jammu and Kashmir Subordinate Services Recruitment Rules, 1992, and reinstated the 2009 appointments.

28 Mar 2023

The dispute arose from the selection process conducted on 8 September 2009 for appointing drug inspectors in Jammu and Kashmir, resulting in the appoi...

Supreme Court

Supreme Court Refers Default Bail Computation Issue to Larger Bench Due to Conflicting Precedents. The Court Examines Whether Date of Remand is Included or Excluded in Calculating 60/90-Day Period Under Section 167(2) of Code of Criminal Procedure, 1973 for Entitlement to Default Bail.

27 Mar 2023

The Supreme Court addressed a reference concerning the computation of the remand period for default bail under Section 167(2) of the Code of Criminal ...

Supreme Court

Supreme Court Clarifies High Court's Writ Jurisdiction Over Armed Forces Tribunal Orders in Service Matters. The court held that orders of the Armed Forces Tribunal are amenable to challenge under Article 226 of the Constitution, as judicial review is part of the basic structure and Section 14 of the Armed Forces Tribunal Act, 2007 saves such jurisdiction, ensuring litigants have access to justice where alternative appeals are limited.

21 Mar 2023

The judgment addressed a legal conundrum regarding the amenability of Armed Forces Tribunal orders to challenge under Article 226 of the Constitution ...

Supreme Court

Supreme Court Dismisses Appeal in Murder Conviction Based on Circumstantial Evidence and Last Seen Theory. Conviction under Section 302 IPC upheld as accused failed to explain departure from deceased's company under Section 106 Evidence Act, with corroborative evidence of weapon recovery and established enmity.

17 Feb 2023

The Supreme Court considered a criminal appeal challenging the concurrent findings of the Sessions Court and High Court convicting the petitioner-accu...

Supreme Court

Supreme Court Allows Appeal in Haryana VAT Act Case Due to Jurisdictional Issue and Misapplication of Precedent. High Court Erred in Dismissing Writ Petition on Alternative Remedy Grounds as Appellant Raised Pure Question of Law Under Section 34 of Haryana Value Added Tax Act, 2003 Regarding Revisional Authority's Competence.

1 Feb 2023

The appeal arose from an order of the High Court of Punjab and Haryana dismissing a civil writ petition filed by the appellant, who challenged the jur...

Supreme Court

Supreme Court Refers Conflict on Taxability of Tobacco Products to Constitution Bench for Clarification on Precedent Doctrine. Dispute Involves Whether Pan Masala Containing Tobacco Covered Under Additional Duties of Excise Act, 1957 is Exempt from State Sales Tax Under Various State Enactments.

19 Sep 2022

The Supreme Court considered a batch of appeals concerning the taxability of pan masala containing tobacco and gutka under various State sales tax act...

Supreme Court

Supreme Court Upholds Auction Purchaser in Land Acquisition Compensation Execution Dispute Under CPC. Auction sale confirmed as judgment debtor failed to prove material irregularity or substantial injury under Order XXI Rule 90 of Code of Civil Procedure, 1908, and did not comply with deposit requirements under Order XXI Rule 89.

2 Sep 2022

The dispute originated from the non-payment of compensation for land acquired under the Land Acquisition Act, 1984, spanning over three decades. The o...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in IPC Cheating and Criminal Breach of Trust Case Due to Civil Nature of Dispute and Forum Shopping. The Court held that allegations of belated share allotment and failure to launch an IPO constituted a commercial dispute without dishonest intention at inception, and filing multiple complaints on same cause of action amounted to abuse of process under Sections 420, 406, 120B IPC and Section 482 CrPC.

22 Mar 2022

The appeal arose from a judgment of the High Court of Calcutta dismissing a petition to quash criminal proceedings under Sections 420, 406, and 120B o...

Supreme Court

Supreme Court Allows Appeal in Part on Operational Creditor Status but Upholds Dismissal on Limitation in Insolvency Case. The court held that a purchaser does not qualify as an operational creditor under Section 5(20) of the Insolvency and Bankruptcy Code, 2016, and the application under Section 9 was barred by limitation due to debt arising from 2013 transactions.

4 Feb 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the appellant, Consolidated Construction Consortium Limited,...

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