Search Results for "technical defect"

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Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in...
Supreme Court Alters Conviction from Murder to Attempt to Murder in Absence of C...
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Supreme Court Dismisses Appeals of Para-Teachers Seeking Regularisation in Jhark...
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Search Results for "technical defect"

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Supreme Court

Supreme Court Sets Aside High Court Judgment Invalidating Co-operative Society Bye-laws on Maintainability and Validity Grounds. Writ Petitions Under Article 226 Were Not Maintainable Against Private Co-operative Societies as No Statutory Duty Was Breached and Alternative Remedy Existed Under the Rajasthan Co-operative Societies Act, 2001, and the Bye-laws Prescribing Eligibility Conditions for Election Contests Were Held Valid Under Section 8 Read with Schedule B.

10 Apr 2026

The dispute arose from writ petitions filed by Primary Milk Producers' Co-operative Societies challenging the validity of certain bye-laws framed by D...

Supreme Court

Supreme Court Sets Aside High Court Order Directing De Novo Trial in Criminal Case Based on Procedural Irregularity in Charge Framing. The Court Held That Under Sections 464 and 465 of the Code of Criminal Procedure, 1973, a Mere Procedural Defect in Framing Charge Does Not Vitiate Trial Absent Demonstrated Prejudice or Failure of Justice, Especially When Accused Had Full Knowledge and Participated Actively for Over Fourteen Years.

25 Mar 2026

The appeal arose from a criminal case involving offences under Sections 147, 148, 149, 307, 302, and 120B of the Indian Penal Code, 1860, and Section ...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Election Petition Challenge by MLA in Manipur. The Court upheld the High Court's decision that substantial compliance with legal provisions was sufficient in election petition cases, rejecting an application under Order VII Rule 11 CPC.

13 Sep 2024

Parties Involved: Appellant: A Member of the Legislative Assembly (MLA) from the 46-Saikul Assembly Constituency in Manipur, elected in the...

High Court

Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

3 Jul 2024

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

Supreme Court

Supreme Court Sets Aside Dismissal of NI Act Complaints Due to Magistrate's Failure to Apply Proviso to Section 256 CrPC. Magistrate Erred in Dismissing Complaints for Non-appearance When Complainant's Evidence Was Already Recorded and Cross-Examination Completed Under Section 138 of Negotiable Instruments Act, 1881.

1 Mar 2023

The Supreme Court addressed appeals arising from the dismissal of eight criminal complaints filed under Section 138 of the Negotiable Instruments Act,...

Supreme Court

Supreme Court Dismisses Election Petition on Technical Grounds Due to Absence of Mandatory Affidavit for Corrupt Practice Allegations. The High Court had allowed dismissal application under Section 86(1) of Representation of People Act, 1951, finding total non-compliance with proviso to Section 83(1) requiring Form 25 affidavit when petition alleged corrupt practices under Sections 123 and 100.

13 Dec 2021

The dispute arose from an election petition filed by the appellant, a candidate from the 16 Hassan Parliamentary Constituency in the 2019 elections, c...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case, Reversing Acquittal Based on Technical Defects in Complaint Format. The Court held that a complaint filed by a company's Managing Director describing himself as such in the cause title, accompanied by a Board Resolution authorizing him to file the complaint, satisfies the requirement under Section 142(a) of the Negotiable Instruments Act, 1881, that the complaint must be made by the payee or holder in due course.

10 Nov 2021

The dispute arose from the dishonour of eight cheques totaling Rs. 1,60,000 issued by Dayashankar Prasad Chaurasia in favor of M/s. Bell Marshall Tele...

Supreme Court

Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

22 Mar 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

Supreme Court

Supreme Court Restores NCLT Order Admitting Section 7 Application in Insolvency Case — NCLAT Erred in Rejecting Evidence of Outstanding Debt. The Court held that admissions made by a corporate debtor in a counter affidavit from a withdrawn petition can be relied upon in a subsequent Section 7 application under the Insolvency and Bankruptcy Code, 2016.

8 Sep 2020

The case involves an appeal by SREI Equipment Finance Limited (the financial creditor) against an order of the National Company Law Appellate Tribunal...

Supreme Court

Supreme Court Upholds Consumer Forum's Order in Favor of Construction Worker in Welfare Scheme Dispute. Token Contribution Under BOCW Act Constitutes Consideration, Making Worker a 'Consumer' Under Consumer Protection Act, 1986.

27 Jan 2020

The Supreme Court of India adjudicated an appeal concerning whether a construction worker registered under the Building and Other Construction Workers...

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