Search Results for "concurrent findings of fact"

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Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholding High Court's Decision on Share Entitlement and Appellate Jurisdiction. The court held that in a partition suit, parties' positions are interchangeable, allowing appellate relief to non-appealing plaintiffs under Order XLI Rule 4 and Rule 33 of the Code of Civil Procedure, 1908, and that second appeals can address factual issues if findings are perverse.

21 Feb 2022

The appeal arose from a partition suit filed by plaintiff Nos. 1 to 8 (respondent Nos. 1 to 8) against defendant No. 1 (appellant) regarding shares in...

Supreme Court

Supreme Court Reverses High Court Judgment in Gift Deed Dispute, Restoring Concurrent Findings of Lower Courts. The Court Held That High Court Erred in Allowing Second Appeal Without Properly Addressing Substantial Question of Law and Ignoring Factual Context Undermining Gift Deed Validity Under Sections 122 and 123 of Transfer of Property Act, 1882.

24 Jan 2022

The dispute centered on the validity of a gift deed executed by Hardei, who died issueless in 1991, in favour of Gian Chand and Dhanbir (plaintiffs), ...

Supreme Court

Supreme Court Dismisses State's Appeal in Gujarat Sales Tax Act Case Due to No Breach of Exemption Conditions and Application of Promissory Estoppel. The assessee was entitled to exemption under Entry No.255(2) of Notification dated 05.03.1992 as raw materials were used in the eligible unit, and subsequent amendments did not retroactively impose liabilities, upholding the principle of promissory estoppel under Section 49(2) of the Gujarat Sales Tax Act, 1969.

21 Jan 2022

The dispute arose from the State of Gujarat's appeal against the High Court's dismissal of its tax appeals, which upheld the Gujarat Value Added Tax T...

Supreme Court

Supreme Court Partly Allows Appeal by Mother-in-Law in Cruelty Case Under Section 498A IPC, Upholding Conviction but Reducing Sentence. The court found concurrent findings of fact established cruelty over jewels, but reduced imprisonment from one year to three months due to the appellant's age and delay since the 2006 incident.

11 Jan 2022

The appeal arose from a conviction under Section 498A of the Indian Penal Code, 1860, where the appellant, the mother-in-law of the deceased, was accu...

Supreme Court

Supreme Court Upholds Divorce Decree on Irretrievable Breakdown of Marriage While Directing Maintenance for Minor Son. Husband's Remarriage and Long Separation Justify Invocation of Article 142 to Sustain Dissolution Despite Concurrent Findings of Cruelty and Desertion.

1 Dec 2021

The Supreme Court heard an appeal by the wife against the High Court's dismissal of her appeal challenging the Family Court's decree of divorce on gro...

Supreme Court

Supreme Court Upholds Conviction of Accused in Honor Killing Case Under IPC and SC/ST Act. The court affirmed life imprisonment sentences for murder, rioting, and atrocities, with death penalties commuted to life, based on evidence of a panchayat-led hanging and cremation following an inter-caste elopement.

26 Nov 2021

The Supreme Court of India dealt with criminal appeals arising from a conviction in a case involving honor killing. The appellants, numerous individua...

Supreme Court

Supreme Court Dismisses Review Petition in Death Sentence Case Under IPC Sections 302 and 449 - Review jurisdiction limited to errors apparent on the record; no rehearing or re-appreciation of evidence permitted under Article 137 of the Constitution and Supreme Court Rules, 2013.

26 Nov 2021

The Supreme Court of India, in a review petition filed under Article 137 of the Constitution, dismissed a challenge to its earlier judgment affirming ...

Supreme Court

Supreme Court Dismisses Appeals in Murder Case Due to Unreliable Evidence and Procedural Issues. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Section 302 Indian Penal Code, 1860, Amid Pathway Dispute and Inconsistent Eyewitness Testimony.

22 Nov 2021

The Supreme Court of India dealt with multiple criminal appeals arising from a common occurrence involving a pathway dispute between the prime accused...

Supreme Court

Supreme Court Dismisses Employer's Appeals in Industrial Dispute Over Transfer Orders. Transfer Orders Declared Illegal for Violating Section 9A of Industrial Disputes Act, 1947 as They Constituted Illegal Change Without Notice and Altered Work Nature.

26 Oct 2021

The dispute arose from transfer orders dated 13.01.2015 issued by Caparo Engineering India Ltd., the employer, transferring nine workmen from its Dewa...

Supreme Court

Supreme Court Dismisses Appeal in Partnership Dispute Over Share Entitlement. Plaintiffs Failed to Prove Capital Contribution of Rs.50,00,000 as per Partnership Deed Dated 30.10.1992, Thus Entitled Only to 10% Share in Profits and Losses Until Expulsion on 18.6.2004.

26 Oct 2021

The dispute originated from a partnership firm, M/s Selwel Combines, reconstituted in 1992 with plaintiff No.1 inducted as a partner under a deed stip...

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