Search Results for "Prima facie"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
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Search Results for "Prima facie"

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Supreme Court

Supreme Court Dismisses Application for Juvenile Status Determination in Death Penalty Case Due to Inconsistent Evidence and Procedural Delays. Applicant Failed to Prove Juvenility Under Section 9(2) of Juvenile Justice (Care and Protection of Children) Act, 2015, with Discrepancies in Name and Age Documents and Belated Claim After Conviction Confirmation.

27 Mar 2023

The case involved an application under Section 9(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, filed by a convict sentenced ...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in Family Dispute Over Alleged Forgery and Withdrawal of Funds. Court exercised powers under Article 142 of the Constitution of India to quash proceedings based on FSL report showing disputed signatures matched originals and familial relationship, with accused agreeing to repay Rs. 10,50,000/- with interest to complainant to restore cordial relations.

24 Mar 2023

The dispute involved a family conflict between a mother (complainant) and her son and grandson (appellants) over allegations of forgery and unauthoriz...

Supreme Court

Supreme Court Addresses Caste Certificate Verification and Affinity Test in Scheduled Tribe Claims Under Maharashtra Act. The Court examines procedural guidelines and the role of affinity tests in determining caste claims, referencing prior judicial directives and legislative frameworks.

24 Mar 2023

The dispute centered on the verification of caste certificates for Scheduled Tribes in Maharashtra, involving procedural guidelines and the role of th...

Supreme Court

Supreme Court Allows Management's Application in Land Sale Dispute by Invoking Principle of Restitution to Correct Erroneous Disbursement. Court Held That Funds Diverted to Parties Without Adjudication of Claims Must Be Returned to Protect Stakeholder Interests Under Inherent Jurisdiction and Section 144 of Code of Civil Procedure, 1908.

23 Mar 2023

The Supreme Court considered an application (I.A. No. 88960 of 2020) filed by the management of Unitech Limited seeking various directions related to ...

Supreme Court

Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

23 Mar 2023

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...

Supreme Court

Supreme Court Dismisses Appeal in Forfeiture Case Under Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. The court upheld the forfeiture of a theatre property as the appellants failed to prove legitimate sources of funds and were associates of a person detained under COFEPOSA, with no entitlement to pay a fine in lieu of forfeiture under Section 9.

22 Mar 2023

The appeal arose from a judgment of the High Court of Karnataka upholding an order forfeiting M/s. Platinum Theatre under the Smugglers and Foreign Ex...

Supreme Court

Supreme Court Reopens Death Penalty Review Petition for Open Court Hearing Following Constitutional Bench Precedent. The Court recalled an earlier dismissal by circulation and ordered an open court hearing based on Mohd. Arif v Registrar, Supreme Court of India, 2014 (9) SCC 737, which mandates oral hearings in death penalty review cases due to the irreversible nature of the penalty.

21 Mar 2023

The judgment involves a convict on death row who filed a review petition seeking a fresh look at his conviction for murder and death sentence, based o...

Supreme Court

Supreme Court Expunges Adverse Remarks and Sets Aside CBI Direction in Bail Proceedings Due to Lack of Lis and Judicial Overreach. High Court's Remarks Against Non-Parties and Direction for Investigation Without Hearing Violate Principles of Judicial Restraint and Fair Opportunity Under Code of Criminal Procedure, 1973.

21 Mar 2023

The Supreme Court addressed appeals against an interim order of the High Court of Karnataka dated 07.07.2022, which involved adverse remarks and a dir...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Archbishop in Property Alienation Case Under Section 482 CrPC. The Court held that complaints alleging offences under Sections 120B, 406, 423 read with 34 IPC were not maintainable as they pertained to civil disputes and lacked essential ingredients of criminal offences, constituting abuse of process of court.

17 Mar 2023

The Supreme Court considered appeals arising from the High Court of Kerala's common judgment dismissing petitions under Section 482 of the Code of Cri...

Supreme Court

Supreme Court Allows Review Applications in Land Acquisition Cases Based on Overruled Precedent. Court held review maintainable under Article 137 of Constitution of India as subsequent Constitution Bench decision in Indore Development Authority overruled earlier Pune Municipal Corporation decision, altering law and providing sufficient reason for review, with matters restored for fresh consideration on merits.

17 Mar 2023

The Supreme Court dealt with a group of review applications filed by the Government of NCT of Delhi and Delhi Development Authority under Article 137 ...

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