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Home - News - Page 294

Supreme Court Partially Discharges Appellants in IPC Section 306 Case; Upholds Charges Under Section 498A, IPC: "Prima Facie Cruelty Established, but Mens Rea for Abetment Lacking"
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Supreme Court Partially Discharges Appellants in IPC Section 306 Case; Upholds Charges Under Section 498A, IPC: “Prima Facie Cruelty Established, but Mens Rea for Abetment Lacking”

Court’s Decision The Supreme Court partially allowed the appeal: Discharge from Section 306, IPC: The Court discharged the appellants from the charge of abetment of suicide under Section 306, IPC,…
Posted by Rawlaw December 16, 2024
Delhi High Court: "Resignation During Disciplinary Proceedings Invalid; Strict Compliance with Rules and Discipline Essential for Senior Officers in Paramilitary Forces"
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Delhi High Court: “Resignation During Disciplinary Proceedings Invalid; Strict Compliance with Rules and Discipline Essential for Senior Officers in Paramilitary Forces”

Court's Decision The Delhi High Court dismissed the writ petition challenging the dismissal of a Central Reserve Police Force (CRPF) officer. It held that disciplinary proceedings were conducted in compliance…
Posted by Rawlaw December 16, 2024
Bombay High Court Upholds Non-Maintainability of Appeals in Arbitral Award Execution Proceedings: “Res Judicata Bars Re-Litigation, and Arbitration and Conciliation Act Operates as a Self-Contained Code”
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Bombay High Court Upholds Non-Maintainability of Appeals in Arbitral Award Execution Proceedings: “Res Judicata Bars Re-Litigation, and Arbitration and Conciliation Act Operates as a Self-Contained Code”

Court’s Decision: The Bombay High Court ruled that appeals filed against orders in proceedings for the execution or enforcement of arbitral awards under Section 36 of the Arbitration and Conciliation…
Posted by Rawlaw December 14, 2024
Supreme Court Clarifies Limits of High Court’s Writ Jurisdiction, Upholds Quasi-Judicial Independence, and Frames Doctrine for Summary Eviction Proceedings Under Mumbai Municipal Corporation Act
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Supreme Court Clarifies Limits of High Court’s Writ Jurisdiction, Upholds Quasi-Judicial Independence, and Frames Doctrine for Summary Eviction Proceedings Under Mumbai Municipal Corporation Act

Court’s Decision: The Supreme Court allowed the appeals filed by the Municipal Corporation of Greater Mumbai, setting aside the Bombay High Court's order that framed nine points for determination in…
Posted by Rawlaw December 14, 2024
Delhi High Court Orders Disability Pension for Coast Guard Veteran, Emphasizes the Presumption of Service-Related Disability in Absence of Pre-Existing Conditions
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Delhi High Court Orders Disability Pension for Coast Guard Veteran, Emphasizes the Presumption of Service-Related Disability in Absence of Pre-Existing Conditions

Court’s Decision: The Delhi High Court directed the Union of India and its authorities to grant the petitioner disability pension at a composite disability assessment of 50%. It awarded interest…
Posted by Rawlaw December 14, 2024
Supreme Court Rules Public Servants Cannot Claim Immunity Under Section 197 CrPC for Fabricating False Alibi in Murder Case: Clarifies Acts Outside Official Duty Do Not Require Sanction for Prosecution
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Supreme Court Rules Public Servants Cannot Claim Immunity Under Section 197 CrPC for Fabricating False Alibi in Murder Case: Clarifies Acts Outside Official Duty Do Not Require Sanction for Prosecution

Court’s Decision: The Supreme Court reversed the High Court’s decision, allowing criminal proceedings against public servants accused of fabricating a false alibi for the main accused in a murder case.…
Posted by Rawlaw December 14, 2024
Bombay High Court Affirms Doctrine of Res Judicata; Dismisses Appeals Challenging Execution of Arbitral Awards Under Section 36 of the Arbitration Act, Holding Execution Proceedings Are Not Governed by CPC or CCA
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Bombay High Court Affirms Doctrine of Res Judicata; Dismisses Appeals Challenging Execution of Arbitral Awards Under Section 36 of the Arbitration Act, Holding Execution Proceedings Are Not Governed by CPC or CCA

Court’s Decision: The Bombay High Court dismissed the appeals challenging orders in execution proceedings under Section 36 of the Arbitration and Conciliation Act, 1996 (ACA). The court held that: Maintainability…
Posted by Rawlaw December 14, 2024
Delhi High Court Permits Termination of 29-Week Pregnancy: “Right to Reproductive Autonomy and Mental Health Cannot Be Overlooked”
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Delhi High Court Permits Termination of 29-Week Pregnancy: “Right to Reproductive Autonomy and Mental Health Cannot Be Overlooked”

Court’s Decision The Delhi High Court allowed the petitioner to terminate her 29-week pregnancy, citing severe mental trauma caused by her husband's recent death and the principle of reproductive autonomy.…
Posted by Rawlaw December 14, 2024
Supreme Court Sets Aside 28-Year-Old Claim, Holds That Defaulting Allottees Cannot Seek Possession After Prolonged Delay; Mandates Fresh Auction for Plot Allocation to Ensure Transparency and Compliance
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Supreme Court Sets Aside 28-Year-Old Claim, Holds That Defaulting Allottees Cannot Seek Possession After Prolonged Delay; Mandates Fresh Auction for Plot Allocation to Ensure Transparency and Compliance

Court’s Decision: The Supreme Court, in a detailed judgment, set aside the orders of the State Consumer Disputes Redressal Commission (State Commission) and the National Consumer Disputes Redressal Commission (National…
Posted by Rawlaw December 14, 2024
Bombay High Court Dismisses Appeal Over Fraudulent CENVAT Credit Claims of ₹5.63 Crore, Holds Reversal Cannot Rectify Fraudulent Modus Operandi and Extended Limitation Is Justified
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Bombay High Court Dismisses Appeal Over Fraudulent CENVAT Credit Claims of ₹5.63 Crore, Holds Reversal Cannot Rectify Fraudulent Modus Operandi and Extended Limitation Is Justified

Court’s Decision: The Bombay High Court dismissed the appeal filed by the appellant, challenging the order of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), which upheld the recovery…
Posted by Rawlaw December 14, 2024

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