Search Results for "Lapses"

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Supreme Court Allows Appeal in Land Acquisition Case, Quashing High Court's Lapse Declaration. Acquisition Does Not Lapse Under Section 24(2) of the 2013 Act When Physical Possession Was Taken, Despite Non-Payment of Compensation, as Per Overruled Precedent.

The dispute arose from a land acquisition matter where the Delhi Development Authority appealed against a High Court judgment that declared the acquis...

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Supreme Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 302 of the Indian Penal Code, 1860, set aside as eyewitness testimony was found unreliable and uncorroborated, with long-standing enmity casting doubt on prosecution case.

The dispute arose from a murder case where the appellants were convicted under section 302 of the Indian Penal Code for the killing of Narayan on Sept...

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Supreme Court Allows Appeal in Land Acquisition Case, Quashing High Court's Lapse Declaration. Acquisition Proceedings Do Not Lapse Under Section 24(2) of RFCTLARR Act, 2013 When Possession Could Not Be Taken Due to Court Stay, and Stay Period Must Be Excluded from Five-Year Computation.

The dispute originated from land acquisition proceedings initiated under the Land Acquisition Act, 1894. The respondent landowner filed a writ petitio...

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Supreme Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence and Procedural Lapses. Conviction Overturned as Prosecution Failed to Establish Complete Chain of Circumstances and Comply with Section 27 of the Indian Evidence Act, 1872 in Recovery of Deceased's Body.

The appeal arose from a murder case where the appellant, Boby (accused No. 3), was convicted by the trial court and High Court for offences including ...

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Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

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Supreme Court Quashes Adverse Remarks and Costs Against Tax Officer in UP VAT Act Case Due to Violation of Natural Justice. High Court's Findings on Ex Parte Assessment and Service of Notice Upheld, but Ancillary Strictures and Penalties Set Aside for Lack of Hearing Opportunity.

The Supreme Court addressed appeals by a tax officer challenging adverse observations, remarks, and costs imposed by the High Court of Judicature at A...

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Supreme Court Dismisses Union of India's Appeal Against Sentence Modification in Court-Martial Case. General Court Martial Composition Violated Army Rules, 1954, Rule 40(2) and Rule 102, but Armed Forces Tribunal's Sentencing Discretion Under Section 71(e) of Armed Forces Tribunal Act, 2007 Upheld.

The dispute arose from disciplinary proceedings against a retired Lieutenant General of the Indian Army, initiated after an anonymous complaint in 200...

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Supreme Court Allows Appeal of Judicial Officer Discharged During Probation and Quashes Discharge Order. Discharge Based on Bail Order and Pending Inquiry Without Hearing Violates Natural Justice and Is Arbitrary Under Rajasthan Judicial Services Rules, 2010 and Article 233 of Constitution of India.

The dispute involved a judicial officer appointed as an Additional District Judge in 2013 under the Rajasthan Judicial Services Rules, 2010, who was d...