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Supreme Court

Supreme Court Allows Repatriation of Frozen Funds Without Bank Guarantee in CBI Investigation — Freeze Order Under Section 102 CrPC Quashed as Appellant Company Not Connected to Accused. The Court held that a freeze order under Section 102 CrPC cannot be continued against a third party not connected to the investigation, and the discharge of the accused removes the basis for any condition.

1 Jan 2023

The appellant, M/s. Jermyn Capital LLC Dubai, a Foreign Institutional Investor, had shares and funds in India. Due to litigations, it ceased trading i...

Supreme Court

Supreme Court Allows Appeal in Election Dispute Over Non-Disclosure of Spouse's Income Tax Details. The Court held that non-disclosure of income tax details of a non-resident spouse who is not a citizen of India and not liable to pay tax in India does not constitute a corrupt practice under Section 100(1)(d)(iv) of the Representation of the People Act, 1951.

1 Jan 2023

The case involves an election petition filed by A. Santhana Kumar, a voter, challenging the election of Kanimozhi Karunanidhi from the Thoothukudy Lok...

Supreme Court

Supreme Court Allows Appeal Against Dismissal of Quashing Petition in Agreement to Sell Dispute — Civil Nature of Transaction Precludes Criminal Prosecution. Breach of Contract Does Not Attract Offences Under Sections 406 and 420 IPC Without Fraudulent Intent at Inception.

1 Jan 2023

The present appeal arose from a judgment of the Allahabad High Court dismissing an application under Section 482 CrPC filed by the appellants, Kunti a...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Lack of Overt Act. Conviction under Section 302 read with Section 120B IPC set aside as the only evidence of presence with a weapon was contradicted by key witnesses.

1 Jan 2023

The appellant, Raj Kumar @ Suman, was convicted by the Sessions Court on 27th August 2003 for offences punishable under Section 302 read with Section ...

Supreme Court

Supreme Court Allows Appeal in Municipal Water Supply Dispute — Kolkata Municipal Corporation Cannot Disconnect Water Without Following Natural Justice. Notice under Sections 238 and 271 of Kolkata Municipal Corporation Act, 1980 for unauthorized use of domestic water for commercial purposes set aside as no opportunity of hearing was given before disconnection.

1 Jan 2023

The appellant, Trust Estate Khimji Keshawji & Anr., owned premises No.30, C.R. Avenue, Kolkata. On 22.08.2008, the Kolkata Municipal Corporation issue...

Supreme Court

Supreme Court Quashes Charges Against Appellant in Cheating Case Due to Lack of Specific Allegations — Mere Introduction by Principal Accused and Confessional Statement Not Enough to Sustain Charges Under Sections 406, 420, 506, 120B, 379, 180 IPC.

1 Jan 2023

The Supreme Court allowed the appeal filed by Supriya Jain against the State of Haryana and another respondent, quashing the criminal proceedings agai...

Supreme Court

Supreme Court Allows Appeal in Suit for Declaration and Cancellation of Gift Deed and Sale Deed — Order VII Rule 11 CPC Application Rejected as Plaint Discloses Cause of Action. The Court held that the plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the defence may be strong.

1 Jan 2023

The appeal arises from a suit filed by the respondent (plaintiff) before the Delhi High Court seeking declaration and cancellation of a gift deed date...

Supreme Court

Supreme Court Allows DDA's Appeal in Land Acquisition Case, Overturns High Court's Lapsing Declaration. Constitution Bench decision in Indore Development Authority v. Manoharlal overrules earlier precedent, holding that Section 24(2) of the 2013 Act does not apply where possession has been taken but compensation not paid.

1 Jan 2023

The case involves a land acquisition dispute where the Delhi Development Authority (DDA) appealed against a High Court judgment that declared the acqu...

Supreme Court

Supreme Court Allows Appeal in National Highway Acquisition Compensation Case — District Magistrate Cannot Review SLAO Award Under Section 3G(5) of National Highways Act, 1956. The power under Section 3G(5) is limited to correction of errors apparent on record and cannot be used to re-determine compensation or review the award on merits.

1 Jan 2023

The appeal arose from a land acquisition proceeding under the National Highways Act, 1956 for widening National Highway No. 29 in District Mau, Uttar ...

Supreme Court

Supreme Court Dismisses Insurance Company's SLP Against NCDRC Order, Holds Remedy Lies Under Article 226/227 Not Article 136. Consumer Protection Act, 1986 - Section 21(a) - National Commission's appellate orders are not subject to Article 136 jurisdiction directly.

1 Jan 2023

The case arises from a consumer dispute where the complainant, Suresh Chand Jain, had obtained a Standard Fire and Special Perils Policy and a Burglar...

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