Search Results for "Section 40"

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Supreme Court Quashes FIR in Dowry Harassment and Criminal Breach of Trust Case Due to Limitation and Lack of Entrustment. Complaint Filed Beyond Three-Year Limitation Period for Section 498A IPC and No Evidence of Entrustment of Stridhan to Husband Under Section 406 IPC.

The Supreme Court dealt with two appeals arising from a matrimonial dispute. The complainant wife married the husband on 28 July 2007 and they lived t...

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Supreme Court Sets Aside High Court Bail Order in Dowry Death Case — Emphasizes Need for Speaking Orders in Bail Matters. High Court's cryptic order granting bail to a convict under Section 304B IPC was quashed for lack of reasoning and failure to consider evidence of dowry harassment.

The Supreme Court allowed an appeal filed by the father of a deceased victim against the Allahabad High Court's order granting bail to the respondent-...

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Supreme Court Allows Appeals in Food Adulteration Case: Remand Order Set Aside for Violation of Natural Justice. High Court's order setting aside conviction and ordering retrial against company without notice violates Section 401(2) CrPC.

The Supreme Court allowed two appeals arising from a High Court order that set aside the conviction of a nominated officer of Hindustan Unilever Limit...

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Supreme Court Upholds Removal of Employee Convicted of Theft While Under Suspension — Limitation Bar Applied for Delayed Challenge. The Court held that a removal order under Rule 19(i) of CCS (CCA) Rules is not a continuing wrong and delay of 13 years cannot be condoned without sufficient cause.

The Supreme Court allowed the appeal filed by the All India Institute of Medical Sciences (AIIMS) against the judgment of the Delhi High Court, which ...

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Supreme Court Allows Divorce by Mutual Consent Under Article 142 After Settlement in Matrimonial Dispute. Marriage Dissolved on Agreed Terms Including Financial Settlement for Wife and Daughter.

The appellant-husband and respondent-wife were married on 07.05.1998 and had a daughter. Due to strained relations, they lived separately. The husband...

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Supreme Court Sets Aside Enhancement of Sentence in POCSO Case Due to Procedural Violation — High Court's Suo Motu Enhancement Without Notice Held Illegal. Enhancement of Sentence from 7 to 10 Years in Accused's Own Appeal Violates Section 386 Proviso CrPC and Principles of Natural Justice.

The appellant, Kumar Ghimirey, was convicted by the Special Judge (POCSO Act, 2012) under Section 9/10 of the Protection of Children from Sexual Offen...

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Supreme Court Allows Suspension of Sentence in Bank Fraud Case Due to Erroneous Aggregation of Concurrent Sentences. High Court's Rejection of Bail Under Section 389 CrPC Set Aside as It Overlooked Trial Court's Direction That All Sentences Run Concurrently, Reducing Maximum Imprisonment to 7 Years.

The appellant, N. Ramamurthy, was convicted by the Special Judge for CBI cases in Bengaluru for offences under Section 120-B read with Sections 409, 4...

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Supreme Court Allows Appeal Against Appointment of Arbitrator Due to Unstamped Arbitration Agreement. Court Must Impound Unstamped Agreement Under Stamp Act Before Proceeding Under Section 11 of Arbitration Act.

The appeal arose from a sub-contract between Garware Wall Ropes Ltd. (appellant) and Coastal Marine Constructions & Engineering Ltd. (respondent) for ...