Search Results for "cognizance"

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Supreme Court Upholds Penalty of Removal from Medical Register for Three Months ...
Supreme Court Allows Formaldehyde Manufacturing Units to Operate Without Prior E...
Supreme Court Allows Appeals by State and Employee in Service Rule Relaxation Di...
High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...

Search Results for "cognizance"

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Supreme Court

Supreme Court Allows State Appeal Against Discharge in Abetment of Suicide Case — Dying Declaration and Prior Complaints Constitute Prima Facie Evidence. The Court held that the High Court exceeded its revisional jurisdiction under Section 397 CrPC by discharging the accused at the charge-framing stage despite the existence of a dying declaration and multiple complaints indicating harassment.

1 Mar 2019

The State of Madhya Pradesh appealed against the High Court's order discharging the respondent, Deepak, from charges under Section 306 of the Indian P...

Supreme Court

Supreme Court Upholds Denial of Bail to Accused in Terror Funding Case Under Unlawful Activities (Prevention) Act, 1967 — High Court Order Set Aside for Erroneous Application of Section 43D(5) Bar. The Court held that the bar under Section 43D(5) applies when the court finds a prima facie case, and the High Court's approach was contrary to law.

1 Mar 2019

The Supreme Court allowed the appeal filed by the National Investigation Agency (NIA) against the Delhi High Court's order granting bail to Zahoor Ahm...

Supreme Court

Supreme Court Quashes Summoning of Appellants Under Section 319 CrPC in Dowry Death Case — Dying Declaration Only Named One Accused, General Allegations Insufficient. No Prima Facie Case for Section 302 IPC or Dowry Offences Against Appellants.

27 Feb 2019

The Supreme Court allowed the appeals against the order of the High Court of Judicature at Allahabad which had affirmed the trial court's order summon...

Supreme Court

Supreme Court Upholds Acquittal in TADA Case Due to Invalid Sanction — Prior Sanction Under Section 20A(2) TADA Must Show Application of Mind. The Designated Court's finding of non-application of mind in sanction order was upheld, and the prosecution could not proceed under TADA.

27 Feb 2019

The State of Gujarat appealed against the acquittal of three respondents by the Designated Judge, Jamnagar, in Special TADA Case Nos.3/1994, 3/1997, a...

Supreme Court

Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

27 Feb 2019

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

Supreme Court

Supreme Court Allows Appeal in Telecom Dispute Over Quantum Meruit Claim Under Section 70 of Indian Contract Act, 1872 — Contractual Relationship Bars Quantum Meruit Recovery. The Court held that where parties are governed by an express contract, a claim under Section 70 of the Indian Contract Act, 1872 is not permissible, as the section applies only in the absence of a contractual relationship.

27 Feb 2019

The appeal arose from a dispute under the Telecom Regulatory Authority of India Act, 1997, between Mahanagar Telephone Nigam Ltd. (appellant) and Tata...

Supreme Court

Supreme Court Allows Appeals in Urban Land Ceiling Case — Upholds Vesting of Land in State and Rejects Ownership Claim. The Court held that the plaintiffs failed to prove their title and that the suit was barred by res judicata and limitation.

26 Feb 2019

The case involves a dispute over land bearing No.73, Canal Circular Road, Calcutta, which was part of a larger parcel of land. The plaintiffs, claimin...

Supreme Court

Supreme Court Allows Appeal of Displaced Person in Railway Employment Case — Entire House Demolition Qualifies Under Policy Circular. Court holds that demolition of entire residential house constitutes 'house taken away' under Railway Board Circular dated 19.04.2006, entitling displaced person to consideration for Group D employment.

22 Feb 2019

The appeal arose from the rejection of the appellant's claim for employment under the Railway Board's policy for displaced persons. The appellant's fa...

Supreme Court

Supreme Court Allows Appeals Against NGT Orders in Sterlite Copper Plant Closure Case — Upholds Maintainability of Composite Appeal Under NGT Act. The Court held that a composite appeal under Section 16 of the NGT Act is maintainable and that closure orders without natural justice are invalid.

18 Feb 2019

The Supreme Court disposed of a batch of appeals arising from orders of the National Green Tribunal (NGT) concerning the closure of a copper smelter p...

Supreme Court

Supreme Court Acquits Appellants in Murder Case Due to Lack of Evidence of Common Intention. The court held that mere catching hold of the victim without any overt act or recovery does not establish common intention under Section 34 IPC.

15 Feb 2019

The Supreme Court allowed the appeal of accused nos. 3 and 4 (Ezajhussain Sabdarhussain and another) against their conviction under Section 302 read w...

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