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Supreme Court

Supreme Court Dismisses Review Petition in Rafale Deal Case Due to Reliance on Unauthorizedly Removed Secret Documents. Court Holds That Documents Marked Secret Under Official Secrets Act Cannot Be Used to Support Review Petition Without Authorization.

10 Apr 2019

The Supreme Court dealt with a preliminary objection regarding the maintainability of a review petition filed by Yashwant Sinha and others in connecti...

Supreme Court

Supreme Court Allows Appeals in Section 498A Jurisdiction Case — Courts at Wife's Parental Home Have Jurisdiction Even Without Overt Acts of Cruelty There. Continuing Offence and Consequence-Based Jurisdiction Under CrPC Sections 178 and 179 Apply to Section 498A IPC.

9 Apr 2019

The case involves a group of appeals before the Supreme Court of India concerning the jurisdictional issue under Section 498A of the Indian Penal Code...

Supreme Court

Supreme Court Allows Wife's Complaint at Parental Home in Section 498A IPC Case — Jurisdiction Based on Continuing Offence and Consequences Under CrPC Sections 178 and 179.

9 Apr 2019

The case involved a group of appeals concerning the jurisdictional issue under Section 498A of the Indian Penal Code (IPC) read with Sections 177, 178...

Supreme Court

Supreme Court Allows Appeals in Section 498A IPC Jurisdiction Case — Holds That Courts at Wife's Parental Home Have Jurisdiction Even Without Overt Acts of Cruelty There. The Court ruled that the offence of cruelty under Section 498A IPC is a continuing offence and the consequences ensue at the parental home, conferring jurisdiction under Sections 178 and 179 CrPC.

9 Apr 2019

The case involves a group of appeals before the Supreme Court of India addressing a conflict of judicial opinion on the jurisdictional issue under Sec...

Supreme Court

Supreme Court Allows Appeals in Section 498A Jurisdiction Case, Holding That Courts at Wife's Parental Home Have Jurisdiction. The court ruled that cruelty under Section 498A IPC is a continuing offence and its consequences ensue at the parental home, conferring jurisdiction under Section 179 CrPC.

9 Apr 2019

The case involves a group of appeals concerning the jurisdictional issue under Section 498A of the Indian Penal Code (IPC) and the Code of Criminal Pr...

Supreme Court

Supreme Court Allows Appeal Against SAFEMA Forfeiture Based on Invalid Detention Order — Detention Order Under COFEPOSA Quashed as Representation Not Considered Before Revocation, Forfeiture Set Aside

8 Apr 2019

The case involves a challenge to the forfeiture of properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976...

Supreme Court

Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

2 Apr 2019

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

Supreme Court

Supreme Court Allows Appeal in Tender Blacklisting Dispute — Non-Disclosure of Show Cause Notice Not a Violation of Declaration Clause. Court holds that a show cause notice does not amount to blacklisting and that the declaration format only required disclosure of actual blacklisting, not pending proceedings.

1 Apr 2019

The case involves a tender floated by Hindustan Petroleum Corporation Limited (HPCL) for setting up call centres. Caretel Infotech Ltd. participated a...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Family Members in Dowry Harassment Case Due to Vague Allegations and Lack of Territorial Jurisdiction. The Court held that the complaint under Section 498A IPC and Dowry Prohibition Act was an abuse of process as the allegations were general and the incident alleged to create jurisdiction was not corroborated.

1 Apr 2019

The Supreme Court allowed the appeals filed by Rashmi Chopra and others against the judgment of the Allahabad High Court dated 08.08.2018, which had d...

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