Search Results for "Discretion"

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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 "Discretion"

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Supreme Court

Supreme Court Quashes Bail Condition Requiring Compensation Deposit in IPC Case - High Court's condition for deposit of Rs.2 lakh each as compensation to victims set aside as no provision under CrPC allows compensation as bail condition. Compensation under Section 357 CrPC can only be ordered after conviction and sentence, not at bail stage, and appellants granted bail on parity with other accused with modified conditions.

7 Jul 2021

The Supreme Court addressed a criminal appeal arising from a Special Leave Petition concerning bail conditions imposed by the High Court. The appellan...

Supreme Court

Supreme Court Allows Trade Union's Appeal in Standing Order Modification Case on Grounds of Substantive Justice Over Technicality. The Court Held That When Employer and Employees Have Consented to Modification Through Settlements Under Section 18(1) of Industrial Disputes Act, 1947, Technical Objections Regarding Locus Standi Under Section 38(2) of Maharashtra Industrial Relations Act, 1946 Cannot Be Raised at Implementation Stage.

6 Jul 2021

The dispute centered on whether a registered trade union had locus standi to apply for modification of a standing order under Section 38(2) of the Mah...

Supreme Court

Supreme Court Directs Governments to Provide Ex Gratia Compensation for Covid-19 Deaths Under Disaster Management Act. The court held that Section 12 of the Disaster Management Act, 2005 imposes a mandatory obligation to recommend guidelines for ex gratia assistance, and financial constraints cannot override statutory and constitutional duties under Article 21 of the Constitution.

30 Jun 2021

The Supreme Court of India heard two writ petitions filed in public interest by Reepak Kansal and Gaurav Kumar Bansal against the Union of India and o...

Supreme Court

Supreme Court Sets Aside High Court Order in Admission Dispute, Upholds Statutory Entrance Test Requirement but Protects Existing Admissions Under Article 142. High Court's mandamus directing B.Tech admissions based on qualifying exam marks was contrary to Section 3(1) of Odisha Professional Educational Institutions (Regulation of Admission and Fixation of Fees) Act, 2007, but Supreme Court invoked Article 142 to not disturb admissions of 835 students already granted due to Covid-19 hardship.

29 Jun 2021

The appeal arose from an order of the Division Bench of the High Court of Orissa dated 21 January 2021, which allowed a writ petition filed by the Ori...

Supreme Court

Supreme Court Dismisses Appeals in MSMED Act Arbitration Cases on Limitation and Counterclaim Issues. The Court held that the Limitation Act, 1963 applies to arbitration proceedings under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006, and counterclaims are maintainable under Section 23(2A) of the Arbitration and Conciliation Act, 1996, affirming the High Court's remand and arbitrator appointment orders.

29 Jun 2021

The Supreme Court of India addressed two consolidated civil appeals involving arbitration proceedings under the Micro, Small and Medium Enterprises De...

Supreme Court

Supreme Court Dismisses Contempt Petitions and Writ Petition Challenging Termination of Assistant Engineers in Recruitment Scam Case. The Court upheld the termination orders as valid exercise of liberty granted earlier, finding no contempt or violation of natural justice, based on investigation reports indicating corruption in the selection process.

3 Jun 2021

The dispute arose from the termination and subsequent re-engagement of Assistant Engineers appointed by Uttar Pradesh Jal Nigam through a recruitment ...

Supreme Court

Supreme Court Directs Central Government to Review COVID-19 Vaccination Policy for Equitable Access in Suo Motu Proceedings. The Court scrutinized the Liberalized Vaccination Policy under constitutional principles, highlighting issues of differential pricing and federal balance, and ordered reconsideration to protect public health rights.

31 May 2021

The Supreme Court of India initiated a suo motu writ petition on 22 April 2021 to address the management of the COVID-19 pandemic during its second wa...

Supreme Court

Supreme Court Quashes High Court's Protective Order in Anticipatory Bail Dismissal - No Power to Grant Protection After Rejection Under Section 438 CrPC. The Court held that once anticipatory bail is rejected, the High Court cannot grant any protection from arrest as the proviso to Section 438(1) of the Code of Criminal Procedure, 1973 explicitly permits arrest, and no inherent power exists for such relief.

28 May 2021

The Supreme Court addressed criminal appeals arising from special leave petitions filed by complainants aggrieved by High Court orders. The background...

Supreme Court

Supreme Court Upholds Conviction of Husband in Dowry Death Case Under Section 304-B IPC. The court found that death by poisoning within four years of marriage, coupled with evidence of consistent dowry demands and failure to rebut the statutory presumption under Section 113-B Evidence Act, established the offence beyond reasonable doubt.

28 May 2021

The appeal arose from a dowry death case where the appellant, husband of the deceased, was convicted under Section 304-B IPC by the Trial Court, with ...

Supreme Court

Supreme Court Upholds Conviction of Accused in Dowry Death and Abetment of Suicide Case Under Sections 304B and 306 IPC. The Court interpreted 'soon before' in Section 304B IPC as requiring a proximate and live link between dowry demand and death, not immediate proximity, based on legislative intent to address social evil.

28 May 2021

The appeals arose from the High Court's dismissal of the appellants' criminal appeals, upholding their conviction and sentence by the Trial Court for ...

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Search Results for "Discretion"

Found 1068 result(s)

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint Under Orde...

High Court Dismisses Management's Writ Petition Against School Tribunal Order in Employee ...

High Court Quashes Bye-Election Notification for Goa Assembly Seat Due to Insufficient Rem...

High Court Quashes Bye-Election Notification for Goa Legislative Assembly Seat Due to Insu...

High Court Allows Writ Petition for Regularization and Retirement Benefits of Temporary Te...

Supreme Court Takes Suo Motu Cognizance in Illegal Sand Mining Case Involving Wildlife San...

Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due to Authori...

Supreme Court Upholds High Court's Quashing of Regularisation Notifications for Contractua...

Supreme Court Dismisses Husband's Petition in Dowry Prohibition Case Due to Statutory Immu...

Supreme Court Dismisses Petitions Challenging Preventive Detention Orders Under COFEPOSA A...