Search Results for "Section 43"

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Search Results for "Section 43"

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Supreme Court

Supreme Court Quashes Anticipatory Bail Orders in Fraud Case Due to Erroneous Legal Interpretation by High Court. High Court's grant of anticipatory bail was based on incorrect view that Magistrate's order under Section 156(3) CrPC was invalid for non-examination of complainant under Section 200 CrPC, which the Supreme Court held unsustainable as such order can precede cognizance.

26 Jul 2021

The Supreme Court heard a batch of four criminal appeals arising from anticipatory bail orders granted by the Bombay High Court. The appellant, a comp...

Supreme Court

Supreme Court Allows Appeal for Cancellation of Bail in Murder Conviction Case Due to Subsequent Offence and Judicial Pressure. Bail revocation sought under Section 389(1) CrPC based on new FIR alleging murder and prior convictions, with court noting judicial officer's pressure from police and accused.

22 Jul 2021

The appeal arose from an order of the High Court of Madhya Pradesh dated 23 July 2019, which declined to entertain applications for cancellation of ba...

Supreme Court

Supreme Court Examines Scope of Section 34 Arbitration Act in National Highways Acquisition Disputes - The court considered whether modification of arbitral awards is permissible under Section 34 of the Arbitration and Conciliation Act, 1996, particularly for compensation awards under the National Highways Act, 1956.

20 Jul 2021

The Supreme Court addressed a significant legal question regarding the scope of judicial intervention under Section 34 of the Arbitration and Concilia...

Supreme Court

Supreme Court Quashes Bail Orders in Murder Case Due to Non-Speaking Orders and Failure to Consider Crime Seriousness. High Court Erred in Granting Bail Without Assessing Brutality of Offence and Implications of Section 149 IPC in Case Involving 26 Injuries on Deceased.

20 Jul 2021

The Supreme Court heard appeals filed by the original informant and brother of the deceased against the Rajasthan High Court's orders granting bail to...

Supreme Court

Supreme Court Dismisses Appeals in MSMED Act Arbitration Cases on Limitation and Counterclaim Issues. The Court held that the Limitation Act, 1963 applies to arbitration proceedings under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006, and counterclaims are maintainable under Section 23(2A) of the Arbitration and Conciliation Act, 1996, affirming the High Court's remand and arbitrator appointment orders.

29 Jun 2021

The Supreme Court of India addressed two consolidated civil appeals involving arbitration proceedings under the Micro, Small and Medium Enterprises De...

Supreme Court

Supreme Court Quashes High Court's Protective Order in Anticipatory Bail Dismissal - No Power to Grant Protection After Rejection Under Section 438 CrPC. The Court held that once anticipatory bail is rejected, the High Court cannot grant any protection from arrest as the proviso to Section 438(1) of the Code of Criminal Procedure, 1973 explicitly permits arrest, and no inherent power exists for such relief.

28 May 2021

The Supreme Court addressed criminal appeals arising from special leave petitions filed by complainants aggrieved by High Court orders. The background...

Supreme Court

Supreme Court Quashes Bail Orders in Five-Murder Case Due to Improper Application of Parity Principle and Insufficient Consideration of Gravity. High Court Erred in Granting Bail Under Section 439 CrPC Without Assessing Individual Roles and Evidence in Land Dispute Homicide.

20 Apr 2021

The Supreme Court of India dealt with a batch of five criminal appeals arising from bail orders granted by the High Court of Gujarat under Section 439...

Supreme Court

Supreme Court Acquits Accused in NDPS Act Case Due to Procedural Non-Compliance in Private Vehicle Search. Conviction Quashed as Search Governed by Section 42, Not Section 43, of Narcotic Drugs and Psychotropic Substances Act, 1985, with Mandatory Requirements Not Met.

16 Apr 2021

The appeal arose from a conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, where the appellants were found with ...

Supreme Court

Supreme Court Quashes High Court's Interim Order in Criminal Proceedings Due to Lack of Reasons and Improper Exercise of Inherent Powers. The Court Held That Blanket 'No Coercive Measures' Orders Without Conditions and Reasons Are Impermissible Under Section 482 Cr.P.C. and Article 226 of the Constitution, as They Hamper Investigation and Bypass Anticipatory Bail Provisions.

13 Apr 2021

The dispute arose from an interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in a writ petition fil...

Supreme Court

Supreme Court Grants Bail to Accused in Unlawful Activities (Prevention) Act Case Due to Lack of Prima Facie Evidence for Terror Funding. Payment of Extortion Money Under Duress for Business Operations Does Not Constitute Terror Funding Under Section 17 of Unlawful Activities (Prevention) Act, 1967.

9 Apr 2021

The dispute arose from a criminal appeal concerning bail denial to an accused charged with multiple offences, including under the Unlawful Activities ...

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