Search Results for "Section 43"

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Search Results for "Section 43"

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Supreme Court

Supreme Court Quashes Anticipatory Bail in Money Laundering Case Due to Misapplication of Section 45 PMLA. High Court's Grant of Bail Set Aside for Failing to Apply Rigour of Prevention of Money Laundering Act, 2002 and Consider Seriousness of Scheduled Offences Involving E-Tender Scam and Alleged Nexus with Former Bureaucrat.

24 Feb 2023

The appeal arose from the High Court of Telangana's judgment dated 02.03.2021 granting anticipatory bail to the respondent in a money laundering case ...

Supreme Court

Supreme Court Quashes Summoning Order in PMLA Case Due to Lack of Territorial Jurisdiction. Special Court in Ghaziabad Lacked Jurisdiction as Money-Laundering Offence Allegedly Committed in Maharashtra, Under Section 44(1) of Prevention of Money-laundering Act, 2002.

7 Feb 2023

The dispute arose from a writ petition under Article 32 of the Constitution of India challenging a summoning order issued by the Special Judge, Anti-C...

Supreme Court

Supreme Court Directs State of Uttar Pradesh to Expedite Premature Release Cases for Life Convicts Under Article 32. The Court held that the State must apply its premature release policies non-arbitrarily and transparently, considering cases based on the policy in force on the date of conviction or any more liberal subsequent policy, and set a deadline for disposal of pending cases.

6 Feb 2023

The Supreme Court of India, in a proceeding under Article 32 of the Constitution, addressed grievances concerning the premature release of life convic...

Supreme Court

Supreme Court Allows Appeal in Hindu Succession Case, Reinstating Inheritance Rights of Grandsons. Release Deed Executed by Father During Grandfather's Lifetime Held Void as It Involved Non-Transferable Spes Successionis Under Section 6(a) of Transfer of Property Act, 1882, and Does Not Bar Succession Under Section 8 of Hindu Succession Act, 1956.

25 Jan 2023

The dispute centered on succession to the separate property of Sengalani Chettiar, who died in 1988. He had two marriages: from the first, a son Chand...

Supreme Court

Supreme Court Affirms Pre-Arrest Bail in Dowry Case While Deleting Payment Condition - Criminal Proceedings Should Not Be Used for Money Recovery. The Court Held That Bail Considerations Must Be Based on Material on Record and Governing Parameters, Not on Payment or Offer of Payment, Under Sections 406 and 420 IPC and Sections 3 and 4 of Dowry Prohibition Act.

16 Jan 2023

The Supreme Court considered special leave petitions filed by the informant challenging the High Court's order granting pre-arrest bail to the accused...

Supreme Court

Supreme Court Allows Prosecution Appeal in Bail Cancellation Case, Holding Default Bail Can Be Cancelled on Merits After Chargesheet. Bail granted under Section 167(2) CrPC is deemed under Chapter XXXIII, permitting cancellation under Section 439(2) CrPC based on special grounds and seriousness of offences post-investigation.

16 Jan 2023

The appeal arose from a judgment of the High Court of Andhra Pradesh dismissing a petition by the Central Bureau of Investigation under Section 439(2)...

Supreme Court

Supreme Court Quashes Extension Orders and Grants Default Bail to Accused in Gujarat Control of Terrorism and Organised Crime Act Case Due to Procedural Violation. The Court held that production of accused before the Special Court when considering Public Prosecutor's report for extension of investigation period under Section 20(2) of the 2015 Act is mandatory, and non-compliance renders extension orders illegal, entitling accused to default bail under Section 167(2) of Code of Criminal Procedure, 1973.

23 Sep 2022

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions filed by accused persons charged under the Gujarat Control of T...

Supreme Court

Supreme Court Upholds State Legislation on Gurdwara Management Under Entry 32 of List II. Haryana Sikh Gurdwara (Management) Act, 2014 Found Constitutionally Valid as It Pertains to Management of Religious Institutions Within State Legislative Competence.

20 Sep 2022

The dispute arose from the enactment of the Haryana Sikh Gurdwara (Management) Act, 2014 by the State of Haryana, which created a separate juristic en...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Limitation Dispute, Upholding NCLAT's Remand for Admission After Notice. The Court held that limitation for applications under Sections 7 and 9 of the Insolvency and Bankruptcy Code, 2016 runs from the date of default, not the Code's enforcement, and delay can be condoned under Section 5 of the Limitation Act, 1963 upon showing sufficient cause.

19 Sep 2022

The appeal arose from a dispute between M/s Tech Sharp Engineers Pvt. Ltd. (appellant/corporate debtor) and Sanghvi Movers Limited (respondent/operati...

Supreme Court

Supreme Court Grants Anticipatory Bail to Accused in IPC Rape and Criminal Intimidation Case Due to Delay in FIR and Attending Circumstances. Anticipatory Bail Granted Under Section 438 CrPC as Incident Occurred Five Months Before FIR Lodging, With Conditions Including Cash Security and Cooperation With Investigation.

5 Sep 2022

The appeal arose from the rejection of an anticipatory bail application by the High Court of Madhya Pradesh. The appellant, apprehending arrest in con...

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