Search Results for "Merits"

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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 "Merits"

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Supreme Court

Supreme Court Partially Allows State Appeal in Death Penalty Commutation Case While Setting Aside High Court's Improper Observations. High Court's Comments Questioning Supreme Court Proceedings and Investigation Were Unwarranted and Against Judicial Discipline Under Principles of Judicial Propriety, While Commutation to Life Imprisonment After Considering Aggravating and Mitigating Factors Under Section 302 IPC Was Upheld.

13 Jan 2023

The State appealed against the High Court's judgment commuting a death sentence to life imprisonment and making certain observations about the investi...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence and Procedural Lapses. Conviction Overturned as Prosecution Failed to Establish Complete Chain of Circumstances and Comply with Section 27 of the Indian Evidence Act, 1872 in Recovery of Deceased's Body.

12 Jan 2023

The appeal arose from a murder case where the appellant, Boby (accused No. 3), was convicted by the trial court and High Court for offences including ...

Supreme Court

Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

12 Jan 2023

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

Supreme Court

Supreme Court Allows Appeals in SARFAESI Auction Case, Reinstating DRT Order and Sale. High Court's Writ Jurisdiction Improper When Statutory Remedy Available; Auction Deposit Complied with Rules and Property Not Exempt as Agricultural Land Under Section 31(i) SARFAESI Act.

5 Jan 2023

The dispute arose from securitisation proceedings initiated by Indian Bank against M/s. Raus Constructions Private Ltd. after loan default. The bank c...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Priority Dispute Between SARFAESI Act and MSMED Act. SARFAESI Act's Express Priority Provisions Under Section 26E Prevail Over MSMED Act's Recovery Mechanism, as No Conflict Exists and Priority Must Be Expressly Provided.

5 Jan 2023

The dispute arose from conflicting recovery claims under the SARFAESI Act and MSMED Act against a debtor, Mission Vivacare, which had defaulted on loa...

Supreme Court

Supreme Court Allows Appellant in Sabka Vishwas Scheme Case Due to Moratorium Under IBC. Payment Delay Caused by Legal Disability Under Section 14 IBC, Designated Committee Directed to Accept Payment and Issue Discharge Certificate Under Finance Act, 2019 Scheme.

5 Jan 2023

The dispute arose from the appellant company's inability to pay a settlement amount of Rs.1,24,28,500/- under the Sabka Vishwas (Legacy Dispute Resolu...

Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal in Insolvency Case Due to Limitation and Pre-existing Dispute. Application Under Section 9 of Insolvency and Bankruptcy Code, 2016 Barred as Cause of Action Accrued in 2011-2012 and Dispute Over Gas Supply Existed, Excluding Suspension Period Under Sick Industrial Companies (Special Provisions) Act, 1985 Not Applicable.

4 Jan 2023

The appeal arose from the dismissal of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the National Company Law Tribunal...

Supreme Court

Supreme Court Allows Assessees in Interest Tax Act Case on Hire-Purchase Instalments. Hire-purchase agreements are distinct from loans, and interest component in instalments is not taxable under Section 2(7) of the Interest-Tax Act, 1974, as it does not constitute interest on loans and advances.

3 Jan 2023

The dispute involved a batch of civil appeals concerning the tax liability of non-banking finance and leasing companies under the Interest-Tax Act, 19...

Supreme Court

Supreme Court Quashes Bail Order in Murder and Conspiracy Case Due to Non-Application of Mind by High Court. Bail Grant Under Sections 302 and 120B IPC Set Aside for Failure to Consider Seriousness of Offence, Prior Dismissal of Quashing Petition, and Lack of Role Analysis in Parity with Co-Accused.

30 Sep 2022

The appeal arose from a bail order dated 25.03.2022 by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No. 4095 of 2022, ...

Supreme Court

Supreme Court Quashes Bail Order in Murder and Conspiracy Case Due to Non-Application of Judicial Mind. The High Court's bail grant was set aside for failing to consider offence gravity, charge sheet material, previous proceedings, and proper parity analysis under Sections 302 and 120B IPC.

30 Sep 2022

The Supreme Court of India heard a criminal appeal filed by the original complainant (now represented by the State) challenging the bail granted by th...

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