Search Results for "failure of justice"

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Supreme Court

Supreme Court Quashes High Court's Interim Order in Criminal Proceedings Due to Lack of Reasons and Improper Exercise of Inherent Powers. The Court Held That Blanket 'No Coercive Measures' Orders Without Conditions and Reasons Are Impermissible Under Section 482 Cr.P.C. and Article 226 of the Constitution, as They Hamper Investigation and Bypass Anticipatory Bail Provisions.

13 Apr 2021

The dispute arose from an interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in a writ petition fil...

Supreme Court

Supreme Court Allows Appeal Against Review Order Deleting Possession Finding in Property Dispute. The High Court exceeded its review jurisdiction under Order 47 Rule 1 CPC by deleting a finding on possession based on non-framing of issue, which was not an error apparent on the face of the record.

3 Nov 2020

The Supreme Court allowed an appeal against the High Court's order in a review petition that deleted a paragraph from its earlier judgment in a proper...

Supreme Court

Supreme Court Quashes High Court's Order in Tax Assessment Writ Petition Due to Statutory Remedy Foreclosure. High Court Exceeded Jurisdiction by Entertaining Writ Petition After Statutory Appeal Was Dismissed as Time-Barred Under Section 31 of the Andhra Pradesh Value Added Tax Act, 2005.

6 May 2020

The dispute arose from a tax assessment order dated 21.6.2017 passed by the Assistant Commissioner of Commercial Taxes against the respondent, a regis...

Supreme Court

Supreme Court Dismisses Appeals by Private Company and Directors in Coal Scam Case, Upholds CBI Investigation. Post-Facto Consent Under Section 6 of DSPE Act Valid for Public Servants Not Named in FIR, Private Individuals Lack Locus to Challenge Investigation.

1 Jan 2020

The Supreme Court dismissed appeals challenging the Allahabad High Court's order upholding CBI investigation in a coal scam case. The case arose from ...

Supreme Court

Supreme Court Upholds Conviction Under Section 302 IPC for Fatal Head Injury Despite Acquittal of Co-Accused. The Court held that the sole eyewitness testimony, corroborated by medical evidence and recovery, was sufficient to sustain the conviction for murder.

15 Feb 2019

The case involves an appeal by Kripal Singh against his conviction under Section 302 IPC for the murder of Yashwant. The incident occurred on 28 July ...

Supreme Court

Supreme Court Upholds Conviction of Two Accused in Murder Case Under Section 302/34 IPC — High Court's Alteration of Charge from Section 302/149 to Section 302/34 Upheld

12 Feb 2019

The Supreme Court dismissed the appeal filed by Phuman Singh and Kashmiro, upholding their conviction under Section 302 read with Section 34 of the In...

Supreme Court

Supreme Court Upholds Conviction Under NDPS Act for Charas Possession — Informant as Investigating Officer Does Not Automatically Vitiate Trial. The Court held that Section 50 NDPS Act does not apply to search of bags, and the informant being the investigating officer does not per se vitiate the trial if no prejudice is shown and the law was nebulous.

11 Feb 2019

The appellant, Varinder Kumar, was convicted under Section 20(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for posses...

Supreme Court

Supreme Court Allows Appeal in Criminal Case for Additional Evidence Under Section 391 CrPC — Trust Deed and Resolution Crucial for Defence. The Court held that the appellate court has wide discretion to take additional evidence if necessary for a just decision, and the rejection of applications under Section 391 CrPC was erroneous.

28 Jan 2019

The Supreme Court allowed the appeal filed by Brig. Sukhjeet Singh (Retd.) against the judgment of the Allahabad High Court dated 17.01.2017, which ha...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Execution — Objection to Territorial Jurisdiction Cannot Be Raised in Execution Proceedings Under Section 47 CPC. The Court held that an objection to territorial jurisdiction must be raised at the earliest opportunity in the trial court under Section 21 CPC and cannot be entertained in execution unless lack of inherent jurisdiction appears on the face of the record.

7 Jan 2019

The appeal arose from a judgment of the High Court of Jharkhand which restored an objection under Section 47 CPC filed by the first respondent in exec...

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