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Search Results for "invocation"

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Supreme Court

Quashing of FIR under Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986 Allowed. Criminal Proceedings – Nature of Allegations Crucial in Determining Applicability of Special Penal Laws – Mere Registration of Multiple FIRs Not Sufficient for Invoking Gangster Act – Civil Disputes Given Criminal Colour Do Not Justify Invocation of the Act – Strict Interpretation of Penal Laws Mandatory – Right to Life & Liberty under Article 21.

12 Feb 2025

Constitution of India, 1950 – Article 21 – Protection of life and personal liberty – Invocation of stringent penal laws requires higher threshol...

Supreme Court

Supreme Court Quashed Criminal Proceedings Against the Appellants Due to Settlement, Despite Section 307 IPC Charges.

12 Feb 2025

Section 307 of the Indian Penal Code, 1860 (IPC) – Quashing of Criminal Proceedings – Distinction Between Compounding and Quashment – Role of Se...

Supreme Court

❖ Land Acquisition – Delay in Compensation Violates Article 300-A – Supreme Court Directs Fresh Award Based on 2019 Market Value.

2 Jan 2025

Karnataka Industrial Areas Development Act, 1966 – Supreme Court exercises Article 142 to remedy delayed compensation – High Court’s judgment se...

Supreme Court

Supreme Court Upholds High Court Judgment Invalidating Police Manual Rule on Reporting Authority for IPS Officers. Rule 63(iii) of Assam Police Manual Held Invalid as It Conflicts with Section 14(2) of Assam Police Act, 2007 and All India Services (Performance Appraisal Report) Rules, 2007, Due to Separation of Powers and Prohibition on Deputy Commissioner Interfering in Police Internal Matters.

18 Dec 2024

The dispute centered on the validity of Rule 63(iii) of the Assam Police Manual, which designated the Deputy Commissioner as the Reporting Authority f...

High Court

"Reversal of Cenvat Credit Without Goods Entering Factory Premises Invalid: Bombay HC Upholds Recovery and Penalty" "Illegitimate Reversal of Cenvat Credit and Misrepresentation of Goods' Movement Constitutes Fraud"

14 Dec 2024

Acts and Sections Discussed: Central Excise Act, 1944 - Section 35G (Appeal to High Court), Section 11AC (Penalty for Excise Duty Evasion). Cenvat...

Supreme Court

Supreme Court Quashes Arbitrator Appointment: Non-Arbitrable Disputes Governed by Statutory Jurisdiction. Disputes under the Payment of Wages Act and Industrial Disputes Act held non-arbitrable; High Court order reversed with costs imposed on the respondent.

11 Dec 2024

The Supreme Court disallowed the appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, holding that disputes...

High Court

Challenge to CERA-Based GST Audit Fails – Bombay High Court Refuses to Quash Show Cause Notice. The Bombay High Court dismissed the writ petition challenging a GST show cause notice, affirming that no audit of the petitioner company by CERA/CAG had occurred, thereby rejecting allegations of lack of jurisdiction.

6 Dec 2024

Key Legal Aspects Discussed: Acts and Sections: Central Goods and Services Tax Act, 2017 (CGST Act): Section 74 (Extended Period of Limitat...

Supreme Court

Supreme Court Resolves Land Acquisition Dispute: Balancing Urgency and Equity. Integrated development justified under the urgency clause of the Land Acquisition Act, 1894.

26 Nov 2024

Introduction The judgment deals with a batch of civil appeals arising from land acquisition proceedings initiated by the State of Uttar Pradesh and...

Supreme Court

Appointment of Sole Arbitrator in Cryobank USA’s Rights Transfer Dispute. Delhi High Court directs the appointment of an arbitrator to resolve the dispute over rights transfer under the Arbitration and Conciliation Act, 1996.

8 Nov 2024

Acts and Sections Discussed Arbitration and Conciliation Act, 1996 Section 11(6) and Section 11(12) - Jurisdiction for appointing an arbitrato...

Supreme Court

"Supreme Court Upholds Limited Scope of High Court in Arbitration Applications Under Section 11 – Refers Dispute to Sole Arbitrator" "Clarifying the Referral Court's Role Under Section 11 of the Arbitration Act, the Supreme Court emphasizes minimal intervention in the presence of prima facie arbitration agreements."

7 Nov 2024

Relevant Acts and Sections Discussed: Arbitration and Conciliation Act, 1996 Section 11: Appointment of Arbitrators Insolvency and Bankrupt...

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