Search Results for "delay in filing"

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Supreme Court

Supreme Court Dismisses SLP of Landowner Seeking Enhanced Compensation Under Section 28A of Land Acquisition Act, 1894 — Collector's Order Not Vitiated as Petitioner Failed to Inform About Pending Appeals and Did Not Seek Reference Under Section 28A(3). The Court held that the principle in Babua Ram v. State of U.P. requiring the Collector to await final appellate decree applies only when the Collector is aware of pending appeals; here, the Collector acted in good faith.

26 Feb 2019

The case involves a challenge by M/s. Model Economic Township Ltd. (petitioner) against the dismissal of its writ petition by the Punjab and Haryana H...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit — Time Was Essence of Contract and Plaintiffs Failed to Prove Readiness and Willingness. Limitation Period Under Article 54 of Limitation Act, 1963 Starts from Date Fixed for Performance; Extension Not Proven.

26 Feb 2019

The appeal arose from a suit for specific performance of an agreement to sell property at 82, Jor Bagh, New Delhi, dated 05.10.1974, between the plain...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Family Property Dispute — Allegations of Criminal Breach of Trust and Cheating Not Made Out. Transfer of Money Between Relatives Without Entrustment or Deception Does Not Attract Sections 405, 406, 415, 420 IPC.

15 Feb 2019

The appeal arose from a judgment of the Karnataka High Court which rejected the appellants' petition to quash criminal proceedings initiated by the fi...

Supreme Court

Supreme Court Acquits Accused in Drug Overdose Murder Case Due to Lack of Circumstantial Evidence. Conviction under Section 302 IPC read with Section 120B IPC set aside as prosecution failed to prove chain of circumstances beyond reasonable doubt.

12 Feb 2019

The Supreme Court allowed the appeals filed by Chandru @ Chandrasekaran and Siva @ Sivaprakash against their conviction under Section 302 IPC read wit...

Supreme Court

Supreme Court Upholds Conviction for Rape Despite 7-Month Delay in Filing FIR — Delay Explained by Threats and Social Stigma. The Court held that the prosecutrix's testimony was credible and corroborated by extra-judicial confessions, and the delay was satisfactorily explained.

12 Feb 2019

The appellant, Parkash Chand, was convicted by the trial court under Sections 376 and 506 of the Indian Penal Code for committing rape on the prosecut...

Supreme Court

Supreme Court Allows Appeal Against High Court's Review Order Directing Re-evaluation of Judicial Service Examination Answer Scripts. Re-evaluation Cannot Be Ordered in Absence of Statutory Provision or Demonstrated Material Error.

6 Feb 2019

The appeal arose from an order of the Gauhati High Court allowing a review petition filed by the first respondent, a candidate in the Tripura Judicial...

Supreme Court

Supreme Court Allows Dealer's Appeal in Sales Tax Dispute Over Free Warranty Replacement of Defective Parts. The Court Held That Free Replacement Under Warranty Does Not Constitute a Sale Under Section 4(1) of the Sale of Goods Act, 1930, as Consideration Is Already Included in the Original Sale Price.

5 Feb 2019

The Supreme Court considered a batch of appeals concerning the liability to sales tax on free replacement of defective parts in motor vehicles during ...

Supreme Court

Supreme Court Upholds Setting Aside of Ex Parte Preliminary Decree in Redemption Suit — Order 9 Rule 13 CPC Maintainable. The court held that a decree passed after defendants were proceeded ex parte under Order 9 Rule 6(1)(a) and the court proceeded under Order 17 Rule 2 (Explanation) is an ex parte decree amenable to Order 9 Rule 13 CPC.

1 Feb 2019

The original appellant, G. Ratna Raj (since deceased, represented by legal representatives), filed a civil suit (C.S. No. 131/1999) in the High Court ...

Supreme Court

Supreme Court Allows State's Appeal in Compassionate Appointment Case Due to Delay and Inclusion of Pension in Income. Family pension can be considered in assessing indigent circumstances, and a seven-year delay in filing writ petition is fatal to the claim.

16 Jan 2019

The Supreme Court allowed the appeal filed by the State of Himachal Pradesh against the judgment of the High Court of Himachal Pradesh which had direc...

Supreme Court

Supreme Court Allows Appeal in Medical Negligence Case Due to Lack of Monitoring in Dengue Treatment. Failure to Monitor Hematocrit and Platelet Levels Constitutes Negligence Despite Following Fluid Protocol.

9 Jan 2019

The case pertains to a medical negligence claim arising from the death of Madhu Manglik, the spouse of the appellant Arun Kumar Manglik, who was admit...

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