Penal Code, 1860 (IPC) – Section 326 – Summary Court Martial proceedings – Causing grievous hurt to Subedar/Master Technical – Acquittal – Appeal against – It is settled law that if two views can be reached, the one that leads to acquittal has to be preferred to the other, which would end in conviction. That apart, there is a clear violation of Rules 179 and 180 of the Rules and the respondent was deprived of an opportunity to defend himself.
SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. SEPOY PRAVAT KUMAR BEHURIA — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ.…
Madras Forest Act, 1882 – Sections 6, 8 and 25 – Declaration of title – The significant proposals of the Respondent were that the title in respect of the Alagar Hills should be with that of the presiding deity of the Respondent- The finding recorded by the High Court that there is adequate material to hold that Alagar hills belong to the temple is erroneous. The trial Court is right in holding that the Respondent miserably failed in producing any material to prove its title
SUPREME COURT OF INDIA DIVISION BENCH THE GOVERNMENT OF TAMIL NADU & ANR. ETC. ETC. — Appellant Vs. ARULMIGHU KALLALAGAR THIRUKOIL ALAGAR KOIL & ORS. ETC. ETC. — Respondent (…
This Court are inclined to grant interim relief claimed by the petitioner to release him on bail directly by this Court in connection with all the FIRs mentioned in prayer clause (c) and other FIRs that have been or likely to be registered against the petitioner in connection with the project, namely, “Grand Venice”, in particular, Mall and Commercial Tower
SUPREME COURT OF INDIA DIVISION BENCH SATINDER SINGH BHASIN — Appellant Vs. GOVERNMENT OF NCT OF DELHI AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ.…
Insolvency and Bankruptcy Code, 2016 – Section 12(3) – Time limit for completion of Insolvency Resolution Process – Where the insolvency resolution process of a corporate debtor is pending and has not been completed within the period referred to in the second proviso, such resolution process shall be completed within a period of ninety days from the date of commencement of the Insolvency and Bankruptcy Code (Amendment) Act, 2019
SUPREME COURT OF INDIA DIVISION BENCH JAIPRAKASH ASSOCIATES LTD AND ANOTHER — Appellant Vs. IDBI BANK LTD. — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Civil…
Criminal Procedure Code, 1973 (CrPC) – Section 164 – Recording of confessions and statements – Section 164 of the Code thus does not contemplate that a confession or statement should necessarily be made in the presence of the advocate(s), except, when such confessional statement is recorded with audio-video electronic means.
SUPREME COURT OF INDIA FULL BENCH MANOHARAN — Appellant Vs. STATE BY INSPECTOR OF POLICE, VARIETY HALL POLICE STATION, COIMBATORE — Respondent ( Before : Rohinton Fali Nariman, Surya Kant…
Penal Code, 1860 (IPC) – Sections 302, 306 and 498A – Evidence Act, 1872 – Section 106 – Criminal Procedure Code, 1973 (CrPC) – Sections 145, 161 and 313 – Murder of wife -Once the prosecution established a prima facie case, the appellant was obliged to furnish some explanation under Section 313, Cr.P.C. with regard to the circumstances under which the deceased met an unnatural death inside the house. His failure to offer any explanation whatsoever therefore leaves no doubt for the conclusion of his being the assailant of the deceased – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH KALU ALIAS LAXMINARAYAN — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Navin Sinha and B.R. Gavai, JJ. ) Criminal Appeal…
Arbitration and Conciliation Act, 1996 – Section 34 – Application for setting aside arbitral award – Learned Arbitrator and the Courts below have recorded the concurrent findings that the appellant Contractor has failed in carrying out the work as per the terms and conditions of the contract and the learned Arbitrator has rightly allowed the detention and forfeiture of the equipments of the contractor and disallowed the counter claim No.4 of the appellant.
SUPREME COURT OF INDIA FULL BENCH M/S VIJAY TRADING AND TRANSPORT COMPANY — Appellant Vs. CENTRAL WAREHOUSING CORPORATION — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishiksh Roy,…
Arbitration and Conciliation Act, 1996 – Sections 11, 12 and 29A – Appointment of arbitrator – In the case of dispute arising upon or in relation to or in connection with the Contract between HB and the Entity, which has not been settled amicably, any Party can refer the dispute for Arbitration under (Indian) Arbitration and Conciliation Act, 1996.
SUPREME COURT OF INDIA FULL BENCH M/S. SHAF BROADCAST PVT. LTD. — Appellant Vs. DOORDARSHAN – A CONSTITUENT OF PRASAR BHARTI AND ANOTHER — Respondent ( Before : Uday Umesh…
Marketing Discipline Guidelines, 2012 – Clauses 5.1.11, 8.2 and 8.3 – Termination of dealership – Adulteration of High Speed Diesel – In case of positive stock variation beyond permissible limits and on account of failure of sample, action in line with that of adulteration is to be initiated.
SUPREME COURT OF INDIA DIVISION BENCH INDIAN OIL CORPORATION LTD. AND OTHERS — Appellant Vs. M/S. R.M. SERVICE CENTRE AND ANOTHER — Respondent ( Before : L. Nageswara Rao and…
Navy (Pension) Regulations, 1964 – Regulations 78, 105B, 107 and 107(1) – Quantification of disability pension – Individual – A person who has completed the period of engagement is entitled to disability element apart from service pension. The expression ‘service pension’ admissible is not restricted to the qualifying service provided under Regulation 78. It is not for the Courts to remedy the defect in the Statute.
SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. V.R. NANUKUTTAN NAIR — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. )…