Search Results for "Section 37"

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Supreme Court Upholds Arbitral Award in Contract Dispute Over 'Change in Law' Clause — High Court Exceeded Jurisdiction Under Section 37 of Arbitration Act. Interpretation of contractual clause by Arbitral Tribunal was plausible and not perverse, hence not liable to be set aside under Section 34.

The Supreme Court allowed the appeal filed by South East Asia Marine Engineering and Constructions Ltd. (SEAMEC Ltd.) against the judgment of the Gauh...

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Supreme Court Restores Murder Conviction in Land Dispute Case. High Court's Conversion to Grievous Hurt Set Aside as Accused Was Aggressor, Not Acting in Private Defence.

The case arises from a land dispute in village Gowa Khurd, Nagaur, Rajasthan. On 14.8.1981, an altercation occurred between the complainant party and ...

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Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

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Supreme Court Refers to Three-Judge Bench the Question Whether Quantity of Mixture or Pure Drug Content Determines Punishment Under NDPS Act. The Court Held That E. Micheal Raj Requires Reconsideration as It Omitted Note 2 of Notification and the Scheme of the Act Treating Preparations as a Whole.

The Supreme Court, in a reference arising from multiple appeals and writ petitions, considered the correctness of the decision in E. Micheal Raj v. In...

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Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

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Supreme Court Acquits Accused in NDPS Case Due to Lack of Independent Witnesses and Failure to Establish Sample Identity. Conviction under Sections 8, 15, and 31 of NDPS Act Set Aside as Prosecution Failed to Prove Sample Seized Was Same as Tested.

The Supreme Court allowed the appeal of Vijay Pandey against his conviction under Sections 8, 15, and 31 of the Narcotic Drugs and Psychotropic Substa...

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Supreme Court Upholds Conviction for Abetment of Suicide in Case of Continuous Taunting and Harassment of Unmarried Girl. Accused's Conviction Under Section 306 IPC Read with Section 34 IPC Sustained as Their Conduct Constituted Abetment by Instigation and Intentional Insult.

The case pertains to an appeal by special leave against the judgment of the Punjab and Haryana High Court, which upheld the conviction of the appellan...

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Supreme Court Upholds Acquittal in Circumstantial Evidence Case Due to Incomplete Chain and Hostile Witnesses. High Court's finding of doubtful and contradictory circumstantial evidence not interfered with as prosecution failed to establish guilt beyond reasonable doubt under Sections 302, 201 IPC.

The State of Rajasthan appealed against the acquittal of Mahesh Kumar @ Mahesh Dhaulpuria and another by the Rajasthan High Court for offences under S...

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Supreme Court Allows Victim's Appeal Against Acquittal Without Leave Requirement Under Section 372 CrPC. The Court held that the victim's right to appeal under the proviso to Section 372 CrPC is independent and does not require leave, distinguishing it from the State's appeal under Section 378 CrPC.

The Supreme Court considered an appeal by Naval Kishore Mishra, the brother of a deceased victim, against the High Court's dismissal of his appeal cha...