Search Results for "trial on merits"

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Supreme Court Dismisses Appeal in Cheque Dishonour Case -- Delay in Filing Complaint Condoned as Bonafide -- Cognizance Taken Under Section 138 of Negotiable Instruments Act Upheld Despite Procedural Irregularity

The Supreme Court dismissed the appeal filed by S. Nagesh against the Karnataka High Court order that rejected his petition to quash a complaint under...

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Land Dispute Resolved: Court Upholds Cooperative Societies' Ownership Rights. Court Affirms Validity of 1960 Conveyance, Rejects Claims by Municipal Authorities

The dispute Regarding a 1960 conveyance deed concerning common plots in the Juhu Vile Parle Development (JVPD) scheme between the Bombay Housing Boar...

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Supreme Court Dismisses Appeal Against Rejection of Discharge in CBI Corruption Case — Issues Require Trial on Merits. The Court held that discharge under Section 239 CrPC is not warranted where factual disputes require evidence.

The appellant, arrayed as accused No.3 in C.C. No.15 of 2014 pending before the XII Additional Special Judge for CBI cases, Chennai, faced trial for o...

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Supreme Court Allows Appeal, Restores Magistrate's Cognizance Order in Complaint Case Under Sections 323, 379 IPC. High Court Erred in Quashing Complaint Based on Civil Dispute and Appreciating Evidence Under Section 482 CrPC.

The appellant, Md. Allauddin Khan, filed a complaint against respondent Nos. 2 and 3 alleging offences under Sections 323, 379 read with Section 34 of...

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Supreme Court Allows Appeal, Restores Complaint Against Police Officer in Assault and Theft Case — High Court Exceeded Jurisdiction Under Section 482 CrPC by Appreciating Evidence and Erred in Requiring Sanction Under Section 197 CrPC.

The appellant, Devendra Prasad Singh, filed a complaint against respondent No. 2, a police officer (SHO), alleging offences under Sections 323, 341, 3...

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Supreme Court Remands Civil Suit for Fresh Trial Due to Denial of Opportunity to File Written Statement. The Court held that a decision rendered without affording a fair opportunity to the defendant to file a written statement and adduce evidence is not legally sustainable.

The appellant, Rajinder Tiwari, as plaintiff filed a civil suit for permanent injunction against the original respondent, Kedar Nath (now deceased, re...

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Supreme Court Allows State's Appeal Against Discharge of Police Officers in Corruption Case. High Court Erred in Appreciating Evidence at Discharge Stage Under Section 227 Cr.P.C.

The Supreme Court of India heard appeals by the State of Tamil Nadu against the discharge of two police officers, J. Doraiswamy (A1, Inspector of Poli...