Search Results for "Concurrent Findings"

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Supreme Court

Supreme Court Quashes Conviction Under Section 411 IPC Due to Lack of Evidence on Knowledge of Stolen Property. The Court held that mere possession and sale of goods at cheaper rates, without proof of knowledge they were stolen, fails to establish the essential ingredients under Section 411 of the Indian Penal Code, 1860, and reliance on co-accused's disclosure statements is insufficient for conviction.

7 Sep 2022

The appeal arose from a criminal case where the appellant was convicted under Section 411 of the Indian Penal Code, 1860, for dishonestly receiving st...

Supreme Court

Supreme Court Dismisses Appeals in Murder Conviction Under Section 302/34 IPC, Upholding Concurrent Findings on Witness Reliability and Rejecting Claim of Culpable Homicide. Court Affirms Conviction Based on Cogent Factual Findings and Rules Out Applicability of Exception 4 to Section 300 IPC Due to Nature of Incident and Injuries.

7 Sep 2022

The appeals were directed against the judgment and order of the High Court of Madhya Pradesh, which had dismissed the appellants' appeal and maintaine...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Case Involving Corporate Guarantee for Non-Corporate Borrowers. Corporate Insolvency Resolution Process Under Section 7 of Insolvency and Bankruptcy Code, 2016 is Maintainable Against Corporate Person as Guarantor Even When Principal Borrower is Not a Corporate Person, as Default Triggers Financial Debt and Corporate Debtor Status.

6 Sep 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016 (IBC), where the appellant, a promoter and director of Maharaja Theme P...

Supreme Court

Supreme Court Dismisses Assessee's Appeal in Excise Duty Refund Case Under Central Excise Act, 1944. Refund Denied as Value of Returned Goods Determined as Scrap Was Less Than Duty Paid Under Section 173L(v), with No Error Found in Valuation or Procedural Fairness.

5 Sep 2022

The dispute arose from a claim for refund of excise duty by an assessee manufacturer of plastic moulded furniture, who had issued credit notes for rej...

Supreme Court

Supreme Court Dismisses Appeal in Benami Property Dispute Under Benami Transaction (Prohibition) Act, 1988. Plaintiffs Failed to Prove Property Was Held for Benefit of Hindu Undivided Family Coparceners Under Section 4(3)(a), Making Suit Barred Under Section 4(1).

5 Sep 2022

The dispute originated from a civil suit filed by Laxmi Prasad, his wife, and two daughters against his two sons and subsequent purchasers, seeking de...

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 Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

Supreme Court

Supreme Court Dismisses Union of India's Appeal Against Sentence Modification in Court-Martial Case. General Court Martial Composition Violated Army Rules, 1954, Rule 40(2) and Rule 102, but Armed Forces Tribunal's Sentencing Discretion Under Section 71(e) of Armed Forces Tribunal Act, 2007 Upheld.

23 Mar 2022

The dispute arose from disciplinary proceedings against a retired Lieutenant General of the Indian Army, initiated after an anonymous complaint in 200...

Supreme Court

Supreme Court Dismisses Defendants' Appeal in Specific Performance Suit, Upholding Grant of Relief. Concurrent Findings on Validity of Agreement to Sell and Payment of Consideration Are Not Interfered With Under Article 136 of the Constitution of India, and Agreement Cannot Be Treated as Loan Document.

22 Mar 2022

The dispute arose from an agreement to sell dated 11.02.2004, where Gurmeet Singh, predecessor-in-interest of the defendants, agreed to sell land to J...

Supreme Court

Supreme Court Sets Aside High Court Judgment in Second Appeal and Remands Case for Reconsideration Under Correct Legal Provision. The Court held that the High Court erred by interfering with findings of fact and not applying Section 41 of the Punjab Courts Act, 1918, which governs second appeals in Punjab and Haryana, leading to remand without merits adjudication.

10 Mar 2022

The dispute originated from a suit filed by the plaintiffs (respondent Nos. 1 and 2) seeking declaration of title and prohibitory injunction against t...

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