Search Results for "Section 48"

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Search Results for "Section 48"

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Supreme Court

Supreme Court Examines Delay in Cases Under Section 138 of Negotiable Instruments Act, 1881 and Directs Measures for Expedited Trials. The Court addressed procedural issues including mechanical conversion of summary trials to summons trials and mandatory inquiry under Section 202 of Code of Criminal Procedure, 1973, forming a committee to recommend solutions for backlog reduction.

16 Apr 2021

The Supreme Court of India, in a suo motu writ petition, addressed the significant backlog and delays in the disposal of cases filed under Section 138...

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 Reinstates FIR in Assault Case Against Police Inspector, Quashing High Court's Premature Dismissal. High Court Erred in Quashing FIR Under Sections 332 and 353 IPC During Ongoing Investigation Without Considering Medical Injury Report and Assuming Counter-Blast Without Evidence.

9 Apr 2021

The Supreme Court considered an appeal challenging the Rajasthan High Court's order quashing FIR No.217 of 2006. The appellant, a police constable, ha...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Tenancy Dispute, Upholding High Court's Eviction Order. The Court affirmed that tenancy rights in joint Hindu family property cannot be surrendered by the Karta without consent of coparceners, making subsequent lease to appellant illegal under Hindu law principles.

5 Apr 2021

The dispute arose from a tenancy in premises owned by the Bihar State Sunni Wakf Board. The plaintiff filed a suit for declaration as a tenant, claimi...

Supreme Court

Supreme Court Quashes Rape Charge Against Accused Due to Consensual Relationship and Lack of False Promise at Inception. The Court held that a subsequent refusal to marry after a consensual sexual relationship does not constitute rape under Section 376 IPC, as the promise was not false at the time it was given, and quashed the proceedings under Section 482 CrPC.

1 Mar 2021

The appeal arose from a judgment of the High Court of Judicature at Allahabad dated 26 September 2019, which dismissed an application under Section 48...

Supreme Court

Supreme Court Grants Bail to Editor-in-Chief in Abetment to Suicide Case — High Court Erred in Declining Bail Without Prima Facie Evaluation of FIR. Non-Payment of Dues Alone Does Not Constitute Abetment to Suicide Under Section 306 IPC.

27 Nov 2020

The appellant, Arnab Manoranjan Goswami, Editor-in-Chief of Republic TV, was arrested on 4 November 2020 in connection with FIR No. 59 of 2018 registe...

Supreme Court

Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

26 Nov 2020

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

Supreme Court

Supreme Court Dismisses Petition to Quash FIR in Volkswagen Cheat Device Case — Investigation Not Impeded by Pending Civil Appeals Before NGT. Delay and Disputed Facts Cannot Be Grounds for Quashing FIR Under Section 482 CrPC.

26 Nov 2020

The petitioner, Skoda Auto Volkswagen India Private Limited, a company engaged in the manufacture and sale of passenger vehicles, was aggrieved by the...

Supreme Court

Supreme Court Allows SLP and Closes Contempt Petition in Matrimonial Criminal Case — High Court Stay Set Aside for Violating Consent Order for Speedy Trial. Trial Directed to Conclude Within Two Months Despite Delays Caused by Recall Applications and Stay Orders.

6 Nov 2020

The Supreme Court disposed of a contempt petition and a special leave petition arising from a matrimonial criminal case. The petitioner-husband and re...

Supreme Court

Supreme Court Affirms Interim Maintenance for Wife and Son in Matrimonial Dispute. Court Frames Guidelines on Maintenance Under Section 125 Cr.P.C. and Other Enactments to Ensure Uniformity and Consistency.

4 Nov 2020

The case arises from an application for interim maintenance filed by the wife and minor son under Section 125 Cr.P.C. The wife left the matrimonial ho...

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