Search Results for "Judicial discretion"

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Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Counter-Claim Application Filed at a Belated Stage Rejected — Application for Counter-Claim After Framing of Issues and Recording of Evidence Not Permissible — Exceptional Circumstances Not Established

Counter-claims must generally be filed before the framing of issues; exceptional circumstances allowing later filing were absent in this case. Judici...

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Retrospective Effect of Unconstitutional Provisions – Arbitral Tribunal Directed to Reconsider Solatium – Judicial Discretion Under Section 34(4) of Arbitration and Conciliation Act, 1996 Upheld

National Highways Act, 1956 – Section 3(J) Declared Unconstitutional – Arbitral Award Remitted for Solatium Consideration – Writ Petition Dismis...

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Supreme Court Dissolves Marriage on Grounds of Irretrievable Breakdown, Quashes Extradition Proceedings, and Awards Permanent Alimony

Supreme Court Exercises Powers Under Article 142 of the Constitution of India to Dissolve Marriage, Quash Litigations, and Direct Release of Impounded...

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Bail Application Allowed in Alleged Rape and Cybercrime Case Involving Consensual Relationship

Bombay High Court Grants Bail to Applicant in a Case Under the Indian Penal Code, 1860 and Information Technology Act, 2000 – Observes Prima Facie C...

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Constitution of India, Code of Criminal Procedure, 1973, Indian Penal Code, 1860 – Bail Granted in Economic Offence Involving Cryptocurrency Scam – Judicial Discretion Under Section 437(6) of CrPC – Deposit of Partial Amount Mandated

Regular bail granted in an economic offence concerning a cryptocurrency scam involving approximately ₹4 Crore – Trial Court directed to impose con...

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Bail Granted Due to Long Incarceration. Article 21 of the Constitution of India – Right to Speedy Trial – Bail is the Rule, Jail is the Exception – Long Incarceration Without Trial Violates Fundamental Rights

The prolonged incarceration of an undertrial accused, without reasonable certainty of trial completion, violates Article 21 of the Constitution. (Para...

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Regular Bail Granted — Long Incarceration and Right to Speedy Trial Considered — No Possibility of Early Trial — Allegations of Extortion and Criminal Intimidation — Bail is the Rule, Jail is the Exception — Bombay High Court

The Bombay High Court granted regular bail to Mohammad Khalid Mukhtar Ahmed Shaikh (Accused No.1) due to prolonged incarceration of 4 years, 4 months,...