Search Results for "leave to appeal"

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Supreme Court Allows State's Appeal Against High Court's Refusal of Leave to Appeal in Acquittal Case. High Court Erred by Applying Wrong Test Under Section 378(3) Cr.P.C. and Ignoring Medical Evidence of Fracture.

The State of Maharashtra appealed against the High Court's order dated 13.06.2008 rejecting its application for leave to appeal against the acquittal ...

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Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

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Supreme Court Sets Aside Contempt Conviction of Purchaser in Specific Performance Suit — Lack of Knowledge of Injunction and Vendor's Acquittal Lead to Acquittal. Purchaser Cannot Be Held in Contempt When Vendor Exonerated and No Evidence of Knowledge of Interim Order Under Order XXXIX Rule 2(a) CPC.

The Supreme Court allowed an appeal against a High Court order affirming the Executing Court's finding of contempt against the appellant, Ramasamy, fo...

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Supreme Court Allows Appeal in Restitution Case Under Section 144 CPC — Interim Injunction Not a Decree for Possession. Section 144 CPC Not Attracted Where No Decree or Order Directed Delivery of Possession.

The dispute originated from a suit filed by Ganeshi Lal, claiming as next friend of the deity at Bhawani Mata Mandir, seeking a permanent injunction a...

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Supreme Court Allows Appeal by Rajasthan State Sports Council in Promotion Dispute. Held that promotion criteria applicable as on date of consideration, not vacancy year, under Rule 9(4) of Rajasthan State Sports Council Service Rules, 2006.

The case involves a dispute over promotion to the post of Sports Officer in the Rajasthan State Sports Council. Respondent No. 1, Uma Dadhich, was app...

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Supreme Court Allows Appeal of CSIR Employee for Non-Communication of ACRs - Failure to Communicate Annual Confidential Reports Violates Principles of Natural Justice and Transparency.

The appellant, Anil Kumar, was an employee of the Council for Scientific and Industrial Research (CSIR). He was aggrieved by the rejection of his clai...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Failure to Prove Legally Enforceable Debt. Accused's Defence of Blank Cheque Misuse and Absence of Loan Disbursement Raises Probable Doubt, Rebutting Presumption Under Section 139.

The case involves a criminal appeal under Section 138 of the Negotiable Instruments Act, 1881. The appellant, ANSS Rajashekar, was accused by the resp...