Search Results for "Section 4"

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Search Results for "Section 4"

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Supreme Court

Supreme Court Refers Matter to Larger Bench on Automatic Vacation of Stay Orders Under Article 142 of the Constitution. The Court expressed reservations about directions in Asian Resurfacing that interim stay orders automatically lapse after six months, holding that such automatic vacation without judicial application of mind could cause miscarriage of justice.

29 Feb 2024

The Supreme Court, in a judgment authored by Justice Abhay S. Oka, addressed the correctness of directions issued in Asian Resurfacing of Road Agency ...

Supreme Court

Supreme Court Decides Tax Deduction at Source Liability for Cellular Mobile Service Providers Under Income Tax Act, 1961 - The Court clarified that obligation under Section 194-H requires principal-agent relationship between payer and payee as per Section 182 of Contract Act, 1872, and payments must be for services in buying/selling goods or asset transactions, not being securities.

28 Feb 2024

The Supreme Court delivered a common judgment addressing appeals by the Revenue and assessees, who were cellular mobile telephone service providers, c...

Supreme Court

Supreme Court Quashes Summoning Order in Criminal Complaint Due to Non-Compliance with Section 202 CrPC. The Court held that when accused reside beyond the magistrate's jurisdiction, mandatory inquiry or investigation under Section 202(1) of the Code of Criminal Procedure, 1973 must precede summoning, and failure to do so renders the order illegal.

23 Feb 2024

The dispute arose from a private complaint filed by the complainant under Section 200 of the Code of Criminal Procedure, 1973, alleging offences under...

Supreme Court

Supreme Court Acquits Husband in Abetment of Suicide Case Due to Insufficient Evidence of Cruelty or Harassment. Conviction under Section 306 IPC Overturned as Mere Demand of Money for Business Without Proof of Instigation or Harassment Does Not Constitute Abetment, and Presumption Under Section 113A of Indian Evidence Act, 1872 Not Invocable Without Evidence of Cruelty.

22 Feb 2024

The appeal involved a convict accused challenging the High Court's judgment that affirmed his conviction under Section 306 of the Indian Penal Code fo...

Supreme Court

Supreme Court Allows Appeal Against High Court's Quashing of Summoning Order in Abetment of Suicide Case. Magistrate's Power to Issue Summons After Closure Report Upheld, with Emphasis on Application of Mind Under Sections 202 and 204 CrPC, 1973.

22 Feb 2024

The appeal arose from a High Court order quashing a Magistrate's summoning order in a case alleging abetment of suicide under Section 306 IPC. The app...

Supreme Court

Supreme Court Acquits Accused in Abetment of Suicide Case Due to Lack of Mens Rea and Insufficient Evidence. Conviction under Section 306 IPC Set Aside as Prosecution Failed to Prove Active Instigation or Intention to Cause Suicide, with Key Witnesses Unexamined and Kidnapping Allegations Disbelieved.

21 Feb 2024

The appeal arose from a judgment of the High Court of Judicature at Madras, which had confirmed the appellant's conviction under Section 306 of the In...

Supreme Court

Supreme Court Allows State Appeal in Food Adulteration Case, Upholding Prosecution Under Indian Penal Code Alongside Food Safety Act. The Court Held That the Food Safety and Standards Act, 2006 Does Not Override Sections 272 and 273 IPC, as IPC Is Not a Food-Related Law Under Section 89, and Prosecution Under Both Enactments Is Permissible Without Double Punishment.

21 Feb 2024

The Supreme Court addressed appeals concerning the interplay between the Food Safety and Standards Act, 2006 (FSSA) and Sections 272 and 273 of the In...

Supreme Court

Supreme Court Quashes Bail Cancellation Orders Due to Judicial Impropriety and Misapplication of Legal Principles. The High Court's coordinate bench erroneously cancelled bail by re-examining case merits without new adverse facts or misconduct, violating Section 439(2) of the Code of Criminal Procedure, 1973 and principles of judicial discipline.

20 Feb 2024

The Supreme Court addressed appeals against orders from the High Court of Madhya Pradesh cancelling bail granted to the appellants. The appellants had...

Supreme Court

Supreme Court Dismisses Appeal in Cow Slaughter Case Due to Illegal Evidence Collection. Prosecution Failed as Sample Was Collected by Unauthorized Officer Under Section 10 of Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964, Which Only Permits Entry and Inspection, Not Seizure.

20 Feb 2024

The dispute arose from a complaint by an Honorary Animal Welfare Officer regarding illegal storage of cow meat in a godown, leading to registration of...

Supreme Court

Supreme Court Dismisses Accused's Challenge to Delay Condonation in Appeal Against Acquittal Under Customs Act. High Court's Authority to Condonate Delay Upheld as Section 5 of Limitation Act, 1963 Applies to Appeals Under Section 378 CrPC Unless Expressly Excluded.

20 Feb 2024

The dispute arose from an appeal against acquittal filed by the Directorate of Revenue Intelligence under Section 378 of the Code of Criminal Procedur...

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