Search Results for "judicial discretion"

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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 ...
Supreme Court Quashes Charge Against Accused in Abetment of Suicide Case Due to ...

Search Results for "judicial discretion"

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Supreme Court

Supreme Court Allows Father's Appeal for Disinterment of Son's Body in Encounter Case, Upholding Right to Dignified Burial Under Article 21. The court held that the state's arbitrary denial of disinterment, while permitting it for others killed in the same encounter, violated Articles 14 and 21 of the Constitution of India, as the right to life includes the right of next of kin to perform last rites according to religious traditions.

12 Sep 2022

The appeal arose from a dispute over the disinterment of the body of Mohd. Amir Magrey, killed in an encounter between police and militants in Hyderpo...

Supreme Court

Supreme Court Quashes High Court Order Compromising Cash-for-Job Scam Case and Reinstates Criminal Proceedings. High Court's quashing of criminal complaint under Section 482 CrPC based on compromise between accused and victims was set aside as offences under Sections 406, 409, 420, 506(1) IPC are non-compoundable and involve public interest in corruption allegations.

8 Sep 2022

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions challenging a High Court order that quashed a criminal complain...

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 Allows Appeal of Judicial Officer Discharged During Probation and Quashes Discharge Order. Discharge Based on Bail Order and Pending Inquiry Without Hearing Violates Natural Justice and Is Arbitrary Under Rajasthan Judicial Services Rules, 2010 and Article 233 of Constitution of India.

15 Mar 2022

The dispute involved a judicial officer appointed as an Additional District Judge in 2013 under the Rajasthan Judicial Services Rules, 2010, who was d...

Supreme Court

Supreme Court Allows Appeals in Film Rights Licensing Dispute, Reinstating Interim Injunction Granted by Single Judge. The Court Held That the Division Bench Erred in Overturning the Injunction, as the Single Judge Properly Applied Principles of Balance of Convenience and Prima Facie Case Under Order XXXIX of the Code of Civil Procedure, 1908, and Correctly Interpreted the Settlement Deed's Payment Terms.

7 Mar 2022

The Supreme Court heard appeals challenging the Division Bench's reversal of an interim injunction granted by a Single Judge in commercial suits conce...

Supreme Court

Supreme Court Upholds Damages Against Employer in EPF Act Case for Default in Contributions. Levy of Damages Under Section 14B is Consequential Upon Default Without Requirement of Mens Rea for Breach of Civil Obligations.

23 Feb 2022

The appeals arose from a judgment of the High Court of Karnataka, which upheld an order for recovery of damages under Section 14B of the Employees Pro...

Supreme Court

Supreme Court Quashes Bail Order in Murder Case Due to Lack of Reasoning and Failure to Consider Accused's Antecedents. High Court's grant of bail set aside as it did not record reasons or evaluate gravity under Sections 147, 148, 149, 302 IPC and Section 27 Arms Act, 1959, contravening established bail principles.

25 Jan 2022

The appeal arose from a bail order passed by the High Court of Judicature at Patna, releasing an accused in a murder case. The original informant, the...

Supreme Court

Supreme Court Quashes Bail Order in Murder Conspiracy Case Due to Inadequate Consideration of Evidence. High Court's grant of bail to accused charged under Sections 302, 120(B), 114 IPC set aside as it failed to assess investigation material and seriousness of offence, relying improperly on circumstantial evidence and deep roots in society.

18 Jan 2022

The Supreme Court heard an appeal by the father of a deceased woman against a bail order granted by the High Court of Gujarat to the accused, who was ...

Supreme Court

Supreme Court Allows Appeal in Child Custody Case, Setting Aside High Court's Habeas Corpus Order. The Court Held that Habeas Corpus is Not Appropriate for Custody Disputes and the Welfare of the Child is Paramount Under Section 6 of the Hindu Minority and Guardianship Act, 1956, Requiring a Fresh Assessment by a Family Court.

12 Jan 2022

The appeal arose from a dispute between a wife (appellant no.1) and husband (respondent no.1) over the custody of their minor son, a US citizen born i...

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