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Supreme Court

Supreme Court Allows Management's Appeal in Service Termination Case Due to Compliance with Rule 37(6) of Maharashtra Employees of Private Schools Rules. The Court held that the Enquiry Committee's combined report, signed by all members including a dissenting member, satisfied procedural requirements, distinguishing the case from Vidya Vikas Mandal.

9 Jul 2019

The dispute arose from the termination of services of the original respondent, a Head Mistress, after a disciplinary enquiry. A charge-sheet with 53 c...

Supreme Court

Supreme Court Dismisses Appeal in Joint Hindu Family Partition Case — Properties Purchased in Eldest Son's Name Held to be Joint Family Assets. Burden of Proof Shifts to Member Claiming Self-Acquisition Once Joint Family Nucleus is Established.

1 Jul 2019

The present appeal arises from a suit for partition filed by respondent No.1 (original plaintiff) against the appellant (defendant No.1), respondent N...

Supreme Court

Supreme Court Dismisses Union of India's Appeal in Assam Rifles Corruption Case. The Court held that the General Assam Rifles Court cannot try an offence under Section 7 of the Prevention of Corruption Act, 1988, as the Assam Rifles Act, 2006 is not exempted under Section 25 of the PC Act.

1 Jul 2019

The case involves an appeal by the Union of India against a judgment of the Guwahati High Court which held that the General Assam Rifles Court (GARC) ...

Supreme Court

Supreme Court Restores Arbitral Award in Coal Supply Dispute, Upholds Plausible Contract Interpretation. High Court Exceeded Section 37 Jurisdiction by Substituting Its Own Construction of Coal Mining and Delivery Agreement.

27 May 2019

The dispute arose from a Coal Mining and Delivery Agreement (CMDA) executed on 16.07.2008 between Parsa Kente Collieries Limited (appellant) and Rajas...

Supreme Court

Supreme Court Quashes Criminal Complaint for Theft of Documents in Corporate Dispute — Internal Audit Reports and Confidential Documents Not 'Stolen' as They Were Obtained Through Legal Proceedings. The Court held that the ingredients of theft under Section 379 IPC are not satisfied when documents are obtained through legal proceedings and used in bona fide litigation, and continuation of criminal proceedings would be an abuse of process.

15 May 2019

The appeals arise from a criminal complaint filed by Birla Corporation Limited (the appellant) against Adventz Investments and Holdings Limited and ot...

Supreme Court

Supreme Court Allows Landlord's Appeal in Slum Area Eviction Case — High Court's Remand Set Aside as Appellate Authority Had Adequately Considered Section 22(4) Factors. The Court held that the High Court ought not to have interfered under Article 227 when the Appellate Authority had considered the relevant factors under Section 22(4) of the Maharashtra Slum Areas Act, 1971 and the eviction decree had attained finality.

10 May 2019

The appellant, Kumud w/o Mahadeorao Salunke, was the landlord of premises governed by the Maharashtra Slum Areas (Improvement, Clearance and Re-develo...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

Supreme Court

Supreme Court Quashes FIR Against Appellants in Forgery Case for Clerical Error in Vakalatnama. High Court's Direction to Lodge Complaint Set Aside for Lack of Satisfaction Under Section 340 CrPC.

10 May 2019

The case arises from a criminal appeal against the judgment of the Madurai Bench of Madras High Court dated 14.09.2016, which dismissed the anticipato...

Supreme Court

Supreme Court Allows Appeals in NDPS Case: Summoning Under Section 319 CrPC After Conviction Is Impermissible. The power under Section 319 CrPC can be exercised only before the pronouncement of judgment; once the trial concludes and judgment is pronounced, the court becomes functus officio.

10 May 2019

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Punjab and Haryana High Court, which had dismissed crimina...

Supreme Court

Supreme Court Dismisses Appeal Against Refusal to Summon Additional Accused Under Section 319 CrPC — Insufficient Evidence of Complicity. The Court upheld the concurrent findings of the trial court and High Court that the complainant failed to present strong and cogent evidence to warrant summoning the proposed accused.

10 May 2019

The appellant, Shiv Prakash Mishra, lodged an FIR on 06.09.2013 alleging that respondent No.2, Subhash Chandra Shukla, along with four others, formed ...

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