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Search Results for "trial court"

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Supreme Court

Supreme Court Allows Landlord's Appeal in Slum Area Eviction Case — High Court's Remand Set Aside as Appellate Authority Had Adequately Considered Section 22(4) Factors. The Court held that the High Court ought not to have interfered under Article 227 when the Appellate Authority had considered the relevant factors under Section 22(4) of the Maharashtra Slum Areas Act, 1971 and the eviction decree had attained finality.

10 May 2019

The appellant, Kumud w/o Mahadeorao Salunke, was the landlord of premises governed by the Maharashtra Slum Areas (Improvement, Clearance and Re-develo...

Supreme Court

Supreme Court Remands Case to High Court for Lack of Reasoning in Dismissing Section 482 CrPC Petition. High Court's Order Set Aside as It Failed to Assign Reasons for Dismissal of Petition Challenging Summons Under IPC Sections 302, 325, 326, 331, 352 Read With Section 34.

10 May 2019

The Supreme Court considered an appeal against the High Court of Judicature at Patna's order dated 28.03.2019 in Criminal Miscellaneous No.5293 of 201...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

Supreme Court

Supreme Court Allows Appeals in NDPS Case: Summoning Under Section 319 CrPC After Conviction Is Impermissible. The power under Section 319 CrPC can be exercised only before the pronouncement of judgment; once the trial concludes and judgment is pronounced, the court becomes functus officio.

10 May 2019

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Punjab and Haryana High Court, which had dismissed crimina...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Case — Order II Rule 2 CPC Bar Applicable for Successive Alienations. Two separate sale deeds by same vendor to same vendee on different dates constitute distinct causes of action, but suit for second alienation is barred if not included in earlier suit when cause of action was same.

10 May 2019

The Supreme Court considered an appeal against the High Court's judgment that set aside the concurrent findings of the trial court and first appellate...

Supreme Court

Supreme Court Allows Class Action in Consumer Dispute Over Non-Delivery of Commercial Units. The Court Held That Sameness of Interest, Not Identical Cause of Action, Is Required for Class Action Under Section 12(1)(c) of the Consumer Protection Act, 1986.

10 May 2019

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission dismissing a complaint filed by 44 appellants under Section 12...

Supreme Court

Supreme Court Dismisses Appeal Against Refusal to Summon Additional Accused Under Section 319 CrPC — Insufficient Evidence of Complicity. The Court upheld the concurrent findings of the trial court and High Court that the complainant failed to present strong and cogent evidence to warrant summoning the proposed accused.

10 May 2019

The appellant, Shiv Prakash Mishra, lodged an FIR on 06.09.2013 alleging that respondent No.2, Subhash Chandra Shukla, along with four others, formed ...

Supreme Court

Supreme Court Sets Aside Remand Order in Murder Case, Directs High Court to Decide Appeal on Merits — Child Witness Competency Erroneously Assessed by Trial Court. The Court held that the trial court's refusal to record evidence of child witnesses solely because they did not know the judge was manifestly erroneous, but remand after five years would cause prejudice; hence the High Court must decide the appeal on existing evidence.

10 May 2019

The appellant, P Ramesh, was convicted by the Sessions Judge, Fast Track Mahila Court, Virudhunagar District at Srivilliputtur for the murder of his w...

Supreme Court

Supreme Court Quashes Cognizance in Bihar Excise Case — Private Vehicle Not a Public Place Under Section 53(a) of Bihar Excise (Amendment) Act, 2016. Consumption of liquor in a private vehicle does not constitute an offence under Section 53(a) as the vehicle is not a 'public place' under the Act.

10 May 2019

The appellants, all Rotarians, were travelling from Giridih, Jharkhand to Patna, Bihar in a private vehicle to attend a Rotary Club meeting on 25.06.2...

Supreme Court

Supreme Court Allows Appeal in Partition Suit, Restores Concurrent Findings of Courts Below. High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence on Legal Necessity and Antecedent Debt.

9 May 2019

The present appeal arises from a partition suit filed by the original plaintiff, Rengan Ambalam, seeking a 1/3rd share in joint family properties, par...

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