Search Results for "Section 48"

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Supreme Court

Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution.

20 Feb 2019

The case involves two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against Sleepwell Industries...

Supreme Court

Supreme Court Dismisses CBI Appeal Against Quashing of Criminal Proceedings in Bank Fraud Case Following Civil Settlement. Full Settlement of Civil Dues and No Surviving Criminality Justified Quashing Under Section 482 CrPC.

18 Feb 2019

The appeals were filed by the CBI against the judgment of the Delhi High Court quashing criminal proceedings in CBI Case No. RC.4(A)/94CBI/BSC/DLI aga...

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 Allows Restoration of Possession in Criminal Case Under Section 456 CrPC Despite Delay. Trial Court's Original Order for Restoration Stands, Limitation Not Applicable When Order Already Passed at Conviction.

12 Feb 2019

The dispute arose from a landlord-tenant relationship where the appellant's father, Prayag Prasad Dube, obtained an eviction decree against Shankar Pr...

Supreme Court

Supreme Court Upholds Magistrate's Summoning Order in Hawala Case — High Court's Revision Order Set Aside. Court holds that at the stage of taking cognizance under Section 190(1)(b) CrPC, the Magistrate need not record detailed reasons; sufficiency of grounds is to be assessed from the charge sheet and accompanying documents.

8 Feb 2019

The Supreme Court allowed the appeal filed by the State of Gujarat against the judgment of the Gujarat High Court which had set aside the order of the...

Supreme Court

Supreme Court Dismisses Appeal Against Quashing of FIR in Landlord-Tenant Dispute — Compromise Deed Upheld Despite Alleged Non-Hearing of Injured Persons. The Court held that the High Court rightly quashed the FIR under Section 482 CrPC as the parties had voluntarily settled the matter and the proceedings would be futile.

8 Feb 2019

The case arises from an incident on 5 December 2010 at a property in Punjabi Bagh, New Delhi, involving a landlord-tenant dispute. The FIR No. 382/201...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Acquittal Based on Fiduciary Relationship. Concurrent Findings of Fact Cannot Be Upset in Revision Without Perversity; Presumption Under Section 139 NI Act Applies Even Between Fiduciaries.

6 Feb 2019

The appellant-complainant, Bir Singh, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent-accu...

Supreme Court

Supreme Court Allows Compounding of Offences in Cheating and Forgery Case, Quashes Criminal Proceedings on Settlement Between Parties. The Court held that where the dispute is predominantly civil in nature and parties have settled amicably, criminal proceedings can be quashed under Article 142 of the Constitution.

1 Feb 2019

The case arose from a private complaint filed by Bimla Devi Agarwal (original complainant) against 12 persons, including the appellants Srinivasan Iye...

Supreme Court

Supreme Court Dismisses Appeal Challenging Age Determination in Murder Case. Court Upholds Sessions Judge's Finding That Appellant Was Above 18 Years Based on Birth Certificate Over School Certificate Under Rule 12 of Juvenile Justice Rules, 2007.

30 Jan 2019

The Supreme Court dismissed appeals challenging the Punjab & Haryana High Court's order dismissing as withdrawn the appellant's applications for addit...

Supreme Court

Supreme Court Allows Appeal in Criminal Case for Additional Evidence Under Section 391 CrPC — Trust Deed and Resolution Crucial for Defence. The Court held that the appellate court has wide discretion to take additional evidence if necessary for a just decision, and the rejection of applications under Section 391 CrPC was erroneous.

28 Jan 2019

The Supreme Court allowed the appeal filed by Brig. Sukhjeet Singh (Retd.) against the judgment of the Allahabad High Court dated 17.01.2017, which ha...

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