Search Results for "Material fact"

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Supreme Court

Supreme Court Refers Matter to Larger Bench on Automatic Vacation of Stay Orders Under Article 142 of the Constitution. The Court expressed reservations about directions in Asian Resurfacing that interim stay orders automatically lapse after six months, holding that such automatic vacation without judicial application of mind could cause miscarriage of justice.

29 Feb 2024

The Supreme Court, in a judgment authored by Justice Abhay S. Oka, addressed the correctness of directions issued in Asian Resurfacing of Road Agency ...

Supreme Court

Supreme Court Dismisses Special Leave Petitions in Environmental Closure Case, Upholding High Court's Jurisdiction and Findings. The Court Held That the High Court Did Not Err in Enquiring into All Environmental Violations as the Petitioner Consented to a Full Evaluation, and Interference Under Article 136 Was Not Warranted Given the Absence of Exceptional Circumstances.

29 Feb 2024

The dispute arose from the closure of a copper smelter plant operated by Vedanta Limited in Thoothukudi, Tamil Nadu, due to environmental violations. ...

Supreme Court

Supreme Court Acquits Husband in Abetment of Suicide Case Due to Insufficient Evidence of Cruelty or Harassment. Conviction under Section 306 IPC Overturned as Mere Demand of Money for Business Without Proof of Instigation or Harassment Does Not Constitute Abetment, and Presumption Under Section 113A of Indian Evidence Act, 1872 Not Invocable Without Evidence of Cruelty.

22 Feb 2024

The appeal involved a convict accused challenging the High Court's judgment that affirmed his conviction under Section 306 of the Indian Penal Code fo...

Supreme Court

Supreme Court Allows Appeal Against High Court's Quashing of Summoning Order in Abetment of Suicide Case. Magistrate's Power to Issue Summons After Closure Report Upheld, with Emphasis on Application of Mind Under Sections 202 and 204 CrPC, 1973.

22 Feb 2024

The appeal arose from a High Court order quashing a Magistrate's summoning order in a case alleging abetment of suicide under Section 306 IPC. The app...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Unreliable Eyewitness Testimony and Lack of Corroborative Evidence. The Court held that the High Court erred in reversing the Trial Court's acquittal as the prosecution failed to prove guilt beyond reasonable doubt under Section 302 IPC, based on insufficient and uncorroborated evidence.

12 Feb 2024

The case involved an appeal before the Supreme Court by appellants who were initially acquitted by the Trial Court for the murder of Marthandappa but ...

Supreme Court

Supreme Court Allows Appeal in Public Trust Election Dispute, Upholding Change Report Under Bombay Public Trusts Act, 1950. Working President Had Authority to Convene Election Meeting and Defaulting Members Were Not Entitled to Notice Under Section 15 of Societies Registration Act, 1860.

23 Jan 2024

The appeal arose from a dispute over a change report filed under the Bombay Public Trusts Act, 1950, regarding elections in Shikshan Prasarak Mandal, ...

Supreme Court

Supreme Court Upholds Revenue in Income Tax Reassessment Case on Limitation and Computation Grounds. Reassessment under Sections 147 and 148 of Income Tax Act, 1961 Held Valid as Assessee Failed to Disclose Material Facts, and Notice Served on Partnership Firm Was Proper Despite Section 282(2) Argument.

23 Jan 2024

The dispute arose from reassessment proceedings under the Income Tax Act, 1961, involving a partnership firm engaged in publishing newspapers and peri...

Supreme Court

Supreme Court Dismisses Petition in Contempt Case Due to Suppression of Material Facts. Litigant Found Guilty of Attempting to Pollute Stream of Justice by Concealing Facts and Filing Fabricated Documents, Not Entitled to Relief Under Tainted Hands Doctrine.

19 Jan 2024

The Supreme Court addressed a case involving a litigant's attempt to pollute the administration of justice through suppression of material facts. The ...

High Court

Supreme Court Dismisses Appeal in Election Petition Case Under Representation of the People Act, 1951 - Upholds High Court's Ruling to Proceed with Trial on Corrupt Practice Allegation. The Court Held That Non-Compliance with High Court Rules Does Not Warrant Dismissal Under Section 86(1), and Defects in Pleadings Under Section 83 Are Curable, While Use of Religious Symbols May Constitute Corrupt Practice Under Section 123(3).

18 Jan 2024

The appeal arose from an election petition filed by the first respondent challenging the appellant's election to the Kerala Legislative Assembly from ...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Corporate Dispute Due to Abuse of Process and Lack of Territorial Jurisdiction. The court held that the dispute was essentially civil, involving financial transactions and agreements between corporates, and the criminal case was initiated with malicious intent, violating principles of fairness under Section 482 of the Code of Criminal Procedure, 1973.

11 Jan 2024

The Supreme Court addressed appeals challenging the dismissal of petitions under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing...

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