Search Results for "2005"

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Supreme Court Grants Bail to Undertrial Prisoner in UAPA Case After Five Years of Custody. Unjustified Delay in Trial Violates Right to Speedy Justice – SC Directs Release on Bail with Conditions.

Constitution of India, 1950 – Article 21 – Right to Speedy Trial – Prolonged incarceration of an undertrial prisoner for five years without conc...

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Supreme Court Upholds Seniority of Temporary AEEs Appointed Before 1994 Act, Quashes High Court’s Decision. Period of Officiating Service Counted for Seniority – Doctrine of Functus Officio Not Applicable to Administrative Decisions

The Supreme Court allowed the appeals, quashed the High Court’s judgment, and upheld the validity of G.O.M. No. 262. The Court held that the period ...

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Hindu Marriage Act, 1955 – Sections 24 and 25 – Grant of Maintenance and Permanent Alimony in Void Marriages – Supreme Court Clarified the Legal Position on Alimony to Spouses of Void Marriages

Matrimonial Law – Hindu Marriage Act, 1955 – Sections 24 and 25 – Spouse of a Void Marriage Entitled to Seek Maintenance – Discretionary Power...

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Supreme Court Quashes Criminal Proceedings Against Appellants in Dowry Harassment and Domestic Violence Case. Generalized Allegations Without Specific Acts Insufficient to Sustain Criminal Charges – Court Emphasizes Need for Specificity in Domestic Violence Cases.

The Supreme Court quashed the criminal proceedings against the Appellants, holding that the allegations were generalized and lacked specific overt act...

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Termination of long-serving municipal workers without due process – Illegal and violative of statutory rights.

Constitution of India, 1950 – Article 14, Article 16 Right to Equality – Arbitrary termination of long-serving workmen without compliance with sta...

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Quashing of Criminal Proceedings – Lack of Prima Facie Case – Mandatory Compliance Under Section 195(1) of the Code of Criminal Procedure, 1973

Criminal proceedings initiated under Sections 353 and 186 of the Indian Penal Code, 1860, were quashed due to the absence of a written complaint by a ...

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High Court cannot reappreciate concurrent factual findings under Article 226 – Revenue records upheld.

Constitution of India, 1950 – Article 226 – Writ jurisdiction – Interference with concurrent findings – Held: The High Court exceeded its juri...

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"High Court Upholds Eviction Decree Amid Claims of Jurisdiction and Subletting" "Revisiting the tenant-landlord dynamics: Jurisdiction, bonafide needs, and compliance under the Maharashtra Rent Control Act."

The Bombay High Court dismissed a revision application challenging eviction decrees under Section 115 of the CPC. It upheld findings of the Trial and ...

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"Bombay High Court Quashes Eviction Decree: Tenant’s Non-Payment Claim Invalidated Due to Absence of Valid Notice" "Landlord’s eviction suit dismissed for failure to comply with procedural demand notice requirements under Maharashtra Rent Control Act."

The eviction decree passed by the Trial Court and upheld by the Appellate Court was set aside due to: Lack of a valid demand notice as required und...