Search Results for "Section 37"

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Conviction Under Indian Penal Code and Protection of Children from Sexual Offences Act Upheld – DNA Evidence Confirmed Biological Parentage

Conviction and Sentence Confirmed – Consent Obtained Under Misconception of Fact – Victim Below Eighteen Years of Age (a) Consent of Minor Irrele...

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Supreme Court Dissolves Marriage on Grounds of Irretrievable Breakdown, Quashes Extradition Proceedings, and Awards Permanent Alimony

Supreme Court Exercises Powers Under Article 142 of the Constitution of India to Dissolve Marriage, Quash Litigations, and Direct Release of Impounded...

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Conviction Reversed – Prosecution Failed to Establish Guilt Beyond Reasonable Doubt. Supreme Court Set Aside Conviction Under Section 302 and Section 109 of the Indian Penal Code, 1860 – Deficiencies in Evidence and Delay in Witness Statements Raised Doubt – Appellant Released.

Supreme Court found material contradictions and inconsistencies in the prosecution’s case. The delay in witness statements was unexplained, raising...

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Supreme Court Upholds Arbitral Award: Joint and Several Liability in Stock Trading Dispute. Oral Agreement Binding in Arbitration: Bombay Stock Exchange Bye-laws Interpreted.

The Supreme Court allowed the appeal, setting aside the High Court’s order and reinstating the arbitral award in its entirety. The Court held that:a...

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Acquittal in Corruption Case: Demand and Acceptance of Bratification Not Proven Beyond Reasonable Doubt

Court Sets Aside Conviction Under Prevention of Corruption Act Due to Lack of Direct Evidence and Defective Sanction Order Demand and Acceptance of I...

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Long Incarceration and Right to Speedy Trial – Bail Granted. High Court of Judicature at Bombay emphasized the fundamental right to speedy trial under Article 21 of the Constitution of India, granting bail due to prolonged incarceration.

The Court acknowledged the Applicant’s long incarceration and the fundamental right to speedy justice. It noted that the case was based on circumsta...

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Bombay High Court upheld the detention order against the Petitioner under the Maharashtra Prevention of Dangerous Activities Act, 1981, dismissing claims of non-placement of complete bail order before the detaining authority.

The Court held that non-placement of the entire bail order did not vitiate the subjective satisfaction of the detaining authority since the reasoning ...

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Quashing of FIR – Marriage by Mutual Consent – Protection Under Exception 2 to Section 375 IPC. Supreme Court Quashes FIR Alleging Rape – Holds That Husband Cannot Be Prosecuted Under Section 376 IPC.

Constitution of India, 1950 – Criminal Procedure Code, 1973 – Indian Penal Code, 1860 Quashing of FIR – Criminal Appeal against dismissal of pe...

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Arbitration Clause Enforcement in Construction Dispute – Supreme Court Affirms Bar on Compensation Claims. Validity of Contractual Limitation on Damages – Clause 49.5 Enforced – No Deviation from Agreed Terms Allowed

Contractual Terms and Damages – Clause 49.5 of the General Conditions of Contract (GCC) barred claims for damages due to employer delays. The Arbitr...