Search Results for "Efficacy"

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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 ...
Supreme Court Takes Suo Motu Cognizance in Illegal Sand Mining Case Involving Wi...
Supreme Court Sets Aside High Court Order in Eviction Case and Remands to Trial ...
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Search Results for "Efficacy"

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Supreme Court

Supreme Court Refers Matter to Larger Bench on Automatic Vacation of Stay Orders Under Article 142 of the Constitution. The Court expressed reservations about directions in Asian Resurfacing that interim stay orders automatically lapse after six months, holding that such automatic vacation without judicial application of mind could cause miscarriage of justice.

29 Feb 2024

The Supreme Court, in a judgment authored by Justice Abhay S. Oka, addressed the correctness of directions issued in Asian Resurfacing of Road Agency ...

Supreme Court

Supreme Court Dismisses Civil Appeal in Property Dispute Involving Settlement Deeds and Limitation. Vested Interest Under Transfer of Property Act, 1882, Section 19 Upheld, with Suit Not Barred by Limitation Under Limitation Act, 1963, Article 65.

13 Feb 2024

The dispute originated from a series of settlement deeds executed in 1947 and 1952 by Thayammal, involving property rights granted to her sons and dau...

Supreme Court

Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

12 Jan 2024

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

Supreme Court

Supreme Court Upholds Protection of Heritage Monument in Mining Dispute - Imposes Compensation and Environmental Safeguards. The court affirmed the High Court's directions cancelling mining leases within 10 km of Chittorgarh Fort and ordering Rs. 5 crores compensation under the polluter-pays principle, based on expert reports assessing damage from blasting under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

12 Jan 2024

The dispute centered on the impact of mining blasting operations on the Chittorgarh Fort, a notified monument under the Ancient and Historical Monumen...

Supreme Court

Supreme Court Allows Set-Off Claim in Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The court held that set-off is permissible during CIRP as it promotes efficiency and equity, and the moratorium under Section 14 does not automatically prohibit such adjustments when claims arise from mutual and connected transactions.

3 Jan 2024

The appeal before the Supreme Court involved a dispute between Bharti Airtel Limited and Bharti Hexacom Limited (Airtel entities) and Aircel Limited a...

Supreme Court

Supreme Court Dismisses Appeal in Bail Cancellation Case Due to Non-compliance with Financial Undertaking. High Court's order cancelling bail upheld as appellant failed to pay full compensation amount of Rs.4,63,50,000 as per settlement under Section 138 of Negotiable Instruments Act, 1881.

3 Jan 2024

The case originated from convictions under Section 138 of the Negotiable Instruments Act, 1881, where the appellant and intervenor, as Chairman and Vi...

Supreme Court

Supreme Court Allows State's Appeal and Restores Original Sentence in Rash Driving Case Under Indian Penal Code. The Court held that the High Court erred in reducing the sentence from two years to eight months for causing death by rash and negligent driving under Section 304A IPC, as it failed to consider the gravity of the offence and the deterrent purpose of criminal law, constituting misplaced sympathy.

28 Mar 2023

The State of Punjab appealed to the Supreme Court against a judgment of the High Court of Punjab and Haryana, which had reduced the sentence of an acc...

Supreme Court

Supreme Court Clarifies Sentencing Powers of Constitutional Courts in Modified Life Sentences - Constitutional Courts Can Impose Fixed-Term Sentences Without Death Penalty Commutation. Power to impose modified punishment including fixed-term incarceration or life imprisonment without remission is derived from Indian Penal Code, 1860, and can be exercised by High Courts and Supreme Court based on offence gravity and relevant factors, not limited to death penalty commutation cases.

28 Mar 2023

The Supreme Court addressed an appeal concerning the sentence for an offence under Section 302 of the Indian Penal Code, 1860, where the appellant had...

Supreme Court

Supreme Court Reverses High Court in SICA Case on Unsecured Creditor Rights - Sanctioned Rehabilitation Scheme Binding on All Creditors. Court held that under Sections 18(8) and 32 of Sick Industrial Companies (Special Provisions) Act, 1985, unsecured creditors cannot opt out of scaled-down payments and must accept scheme terms for company revival.

17 Mar 2023

The Supreme Court addressed a group of appeals concerning the binding effect of rehabilitation schemes sanctioned under the Sick Industrial Companies ...

Supreme Court

Supreme Court Dismisses Special Leave Petition Against Cancellation of Police Constable Appointment. Screening Committee's Discretion Upheld in Assessing Suitability Despite Acquittal on Benefit of Doubt Under Section 379 Ranbir Penal Code and Section 6 Forest Act.

28 Feb 2023

The dispute arose from the cancellation of a petitioner's appointment as a constable in the Jammu and Kashmir Executive Police due to his involvement ...

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