Search Results for "Inherent Jurisdiction"

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Supreme Court

Supreme Court Allows Recovery of Excess Payments from In-Service Nursing Trainees Under Restitution Principle. Recovery Permitted as Payments Were Made Pursuant to Court Order Later Set Aside, Distinguishing Mistaken Payment Guidelines Under Rafiq Masih Case for Class III and IV Employees.

29 Mar 2022

The dispute originated from in-service employees of the Rajasthan Medical & Health Subordinate Service, working as ANMs, Lab Technicians, and similar ...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

Supreme Court

Supreme Court Quashes Proceedings Against Editor in POCSO Case Due to Lack of Magistrate Permission for Investigation. The Court held that Section 155(2) of the Code of Criminal Procedure, 1973 applies to non-cognizable offences under Section 23 of the Protection of Children from Sexual Offences Act, 2012, and investigation without Magistrate permission is vitiated, barring cognizance.

21 Mar 2022

The appeal arose from a judgment of the High Court of Karnataka dismissing a criminal petition under Section 482 of the Code of Criminal Procedure, 19...

Supreme Court

Supreme Court Quashes Confiscation Order in M.P. Prohibition of Cow Slaughter Act Case After Acquittal. Confiscation of Vehicle Under Section 11(5) is Unjustified When Criminal Charges Are Not Proved, as the Act Lacks a Non-Obstante Clause Ousting Jurisdiction of Criminal Courts.

4 Mar 2022

The dispute arose from the confiscation of a truck under the M.P. Prohibition of Cow Slaughter Act, 2004, after the accused persons, including the tru...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Appellant in Bigamy and Forgery Case Due to Abuse of Process. Proceedings Were Maliciously Instituted with Ulterior Motive After Investigation Revealed No Prima Facie Case Under Sections 494, 495, 416, 420, 504, 506, 467, 468, 471 IPC, Following Principles from State of Haryana v. Bhajan Lal.

10 Feb 2022

The Supreme Court considered an appeal against the Allahabad High Court's order declining to quash criminal proceedings against the appellant. The app...

Supreme Court

Supreme Court Allows Appeal in Design Infringement Case, Modifying Consent Decree Due to Typographical Error. The Court held that the High Court erred in dismissing the application under Sections 152 and 153 read with Section 151 of the Code of Civil Procedure, 1908, as a misunderstanding between parties warranted correction of the Settlement Agreement to reflect the intended trademark 'FX-991ES PLUS'/'FX-991'.

4 Feb 2022

The dispute arose from a civil suit filed by the Respondent against the Appellant for design infringement and trademark violation regarding scientific...

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