News Muncher - searching for hc - category appellants

1 week, 2 days ago

Unregistered Agreement To Sell Confers Legal Right Upon Beneficiary To Seek Execution Of Subsequent Sale Instrument From Transferor: J&K HC

Live Law

The Jammu and Kashmir and Ladakh High Court has held that an unregistered Agreement to Sell confers a legal right upon the beneficiary to seek the execution of a subsequent sale instrument from the transferor. Citing Section 49 of the Registration Act Justice Sanjay Dhar explained that an unregistered agreement to sell immovable property is admissible as evidence which allows …

Legal Court Specific Performance Sale Registration Right Appellants

1 week, 4 days ago

'No Premeditation': Gujarat HC Overturns Murder Conviction Of Two Who Caused Fatal Injuries From Iron Strips, Convicts For Culpable Homicide

Live Law

The Gujarat High Court overturned the murder conviction of two men to culpable homicide not amounting murder, after noting that the facts of the case the ingredients of the offence of murder under the IPC were not made out. Relying on the same, the division bench then observed “For the reasons recorded above, we have no hesitation to hold that …

Injuries Murder Court Gujarat Culpable Homicide Incident Ipc

2 weeks ago

Karnataka State Law University Has Autonomy To Regulate Its Revaluation Process: HC Rejects Student's Plea Against Evaluation Standards

Live Law

The Karnataka High Court has dismissed an appeal filed by a Law student challenging an order of the single judge which rejected his petition questioning the re-valuation standards adopted by the Karnataka State Law University. Therefore, judicial intervention is not warranted, as the appellant's request for further revaluation is not supported by the University's regulations or by any exceptional circumstances …

Law University Regulations Revaluation Process James Kar

2 weeks, 5 days ago

If State Doesn't Question Suit Maintainability For Lack Of Notice U/S 80 CPC In Written Statement, It Can't Do So At Appellate Stage: Orissa HC

Live Law

The Orissa High Court has reiterated that the State and its agencies cannot challenge the maintainability of a suit, for the first time at the stage of appeal, on the ground that no prior notice as prescribed under Section 80 of the Code of Civil Procedure was issued to them before instituting the suit. Clarifying the position of law, the …

Court State Appellants Notice Suit Cpc Plaintiff

3 weeks, 3 days ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

Counsel Court Trial Court Appellant Curiae Amicus

3 weeks, 4 days ago

Bengaluru Court Can Try Suit By Resident Manna Dey's Daughter Against 'Defamatory' Bengali Content Published At West Bengal: Karnataka HC

Live Law

For context, Section 19 CPC pertains Suits for compensation for wrongs to person or movables. “ Trial Court committed an error coming to a conclusion that merely because book is sold in Bengaluru, jurisdiction does not arise within this Court and the same is an erroneous approach when the wrong was done in Bengaluru by selling the books and by …

Bengaluru Jurisdiction Trial Court West Bengal Trial Court Bengali

4 weeks ago

In Public Function Matters Like Electricity Supply No Ex Parte Stay Must Be Given, Vacation Plea Must Be Decided Expeditiously: Rajasthan HC

Live Law

The Jaipur bench of the Rajasthan High Court ruled that in matters that affect supply of public services like electricity to the consumers in the State, ordinarily ex-parte interim order ought not to be granted, and even if it was granted, the application for vacating the stay is required to be considered expeditiously. Though the appellants filed an application for …

Vacation Appeal Supply Court Application Order State

1 month, 1 week ago

Arson Case | Prosecution's Story Highly Doubtful: Allahabad HC In Disqualified MLA Irfan Solanki Bail Order

Live Law

Granting bail to Irfan Solanki, a now disqualified MLA of the Samajwadi Party, in a 2022 house arson case, the Allahabad High Court on Thursday observed that the link of circumstance led by the prosecution is inconclusive and cannot give rise to the definite inference of his guilt. In contrast, and interestingly, in a separate order dismissing his application for …

Evidence Court Bail Prosecution Appellants Solanki Irfan Solanki

1 month, 1 week ago

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case

Hindustan Times

The Rajasthan high court on Tuesday dismissed charges under the Scheduled Castes and Scheduled Tribes Act, 1989, against four individuals accused of using derogatory language toward public officials during an encroachment inspection in Jaisalmer. Justice Birendra Kumar observed that the alleged terms used — ‘bhangi’, ‘neech’, ‘bhikhari’ and ‘mangani’ — were not casteist slurs and therefore did not meet the …

Rajasthan Court Caste Charges Public Act

1 month, 1 week ago

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession

Live Law

The Jodhpur bench of the Rajasthan High Court granted bail to several men accused of beating, throwing stones and using casteist slurs at members of a religious procession, noting that it was difficult to conclude whether the men were mere onlookers or the real culprits especially since there was no similar case pending against them. The court passed the order …

Court Appellants This Court Men Accused Rajasthan Hc Real Culprits Religious Procession

1 month, 1 week ago

Priority In Admission To Kendriya Vidyalaya Not A Vested Right: Karnataka HC Declines Plea By Students Seeking 'Grandparents Sponsoring Quota'

Live Law

The Karnataka High Court has said that priority in admission to school cannot be construed to be a vested right and priority provided in the previous academic year cannot be enforced as a legal right for continuation of such quota. The appellants had questioned the single judge bench order which had rejected their petition seeking preference in admission to Kendriya …

Court Admission Guidelines Appellants Kar Priority Provided

1 month, 1 week ago

Long Service And Transparent Recruitment Merit Regularization Despite Absence Of Rules: Madras HC

Live Law

Madras High Court: A Division Bench of Justice Anita Sumanth and Justice G. Arul Murugan directed the Indian Maritime University to regularize the services of eight contractual employees. The Court ruled that their appointments, though irregular, were not illegal as they were made through a transparent recruitment process including public Background The appellants are eight individuals holding various contract positions …

Appointments Court Recruitment Service Rules Appellants Long

1 month, 2 weeks ago

Objection To Tribunal's Jurisdiction U/S 16 Of Arbitration Act Must Be Raised Before Or At Time Of Statement Of Defence: Himachal Pradesh HC

Live Law

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua affirmed that a party is bound by virtue of Section 16 of the Arbitration Act to raise any objection it may have to the jurisdiction of the Tribunal before or at the time of submission of its statement of defence, and at any time thereafter it is expressly prohibited. …

Arbitration Price Tribunal Appellants Act Claim Award

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Live Law

The Supreme Court has set aside the High Court's decision dismissing an objection to a decree on the grounds of misapplication of provisions. The court observed that procedural irregularity cannot defeat substantive rights and that the party in whose favor a substantial right has been generated cannot be denied the enjoyment of the right because of some mistake, negligence, inadvertence, …

Law Jurisprudence Procedural Irregularity Right New Delhi

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Live Law

The Supreme Court has set aside the High Court's decision dismissing an objection to a decree on the grounds of misapplication of provisions. The court observed that procedural irregularity cannot defeat substantive rights and that the party in whose favor a substantial right has been generated cannot be denied the enjoyment of the right because of some mistake, negligence, inadvertence, …

Law Jurisprudence Procedural Irregularity Right of Substantive Nature New Delhi

4 months, 3 weeks ago

'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case

Live Law

The Allahabad High Court on Monday set aside the conviction and acquitted three men who were sentenced to life imprisonment for committing the offence of murder after noting that there were significant contradictions in the statements of eyewitnesses and police witnesses. “Considering the evidence and other material on record in its entirety, we are of the view that the learned …

Court Witnesses Case Statements Appellants Singh Vijay

5 months, 1 week ago

Larger Public Good By Constructing National Highways Need Not Be Overemphasized, Interest Of Local People Must Also Be Considered: Kerala HC

Live Law

The Kerala High Court has stated that the importance of constructing national highways for the larger public good should not be over-emphasized since it is equally crucial to consider the interests of the people of a particular locality to promote the common good effectively. However, the larger public good involved in projects like the construction of National Highways cris- crossing …

Construction Court National Interest Appellants Road Good

6 months ago

NDPS Act | Can Convict Accused Based On Testimony Of Police/DRI Witnesses If It Inspires Confidence: Allahabad HC

Live Law

The Allahabad High Court has observed that an accused's conviction in a case under the Narcotic Drugs and Psychotropic Substances Act may safely be based on the testimony of police witnesses or witnesses of the Directorate of Revenue Intelligence if such testimony inspires confidence. Defending the trial court's judgment, Senior Standing Counsel Digvijay Nath Dubey, appearing for the DRI, argued …

Trial Evidence Court Witnesses Prosecution Case Appellants

7 months, 1 week ago

No Land Acquisition Compensation Determined For 42 Years : Supreme Court Expresses Disappointment With HC For Not Questioning State

Live Law

The Supreme Court, while deciding a civil appeal, has expressed its disappointment at the Patna High Court's approach, inter alia, for not questioning the State as to why it did not pay compensation to the appellant for forty-two years after acquiring his land. There are many issues arising in this litigation and the High Court should have taken little pains …

Compensation Court Land State High Bench Approach

10 months, 2 weeks ago

[S.100 CrPC] Can't Be Permitted To Contradict Initial Position To Create 'Substantial Question Of Law': Andhra Pradesh HC Dismisses Second Appeal

Live Law

The Andhra Pradesh High Court has dismissed a second appeal filed holding that the parties cannot blow 'hot and cold' and cannot be permitted to 'approbate or reprobate' at the same time. The order was passed by Justice B.V.L.N Chakravarthi in a second appeal filed by the defendants in a suit for partition by taking a contradictory stand to their …

Law Appeal Appellants Suit Question Substantial

1 year, 2 months ago

‘Even Death Would Appear As An Alluring Option’: Orissa HC Upholds Conviction Of 6 Contractors For Abducting Labourers, Chopping Their Hands

Live Law

The Orissa High Court has upheld the order of conviction handed down to six contractors for abducting two workers, forcing them to work for a number of days as bonded labourers and finally chopping their palms from the wrists. While denying relief to the accused-appellants, the Division Bench of Justices Bibhu Prasad Routray and Chittaranjan Dash held, “In the present, …

Evidence Court Victims Case Ipc Appellants Act

1 year, 3 months ago

HC Allows Raidurg Land Case Against the State

Deccan Chronicle

HYDERABAD: A two-judge bench of the Telangana High Court on Thursday declared that the TS Industrial Infrastructure Corporation could not dispossess Visweswara Infrastructure Pvt Ltd and others from possession of 53 acres of prime land situated in Survey No. Speaking for the bench, Chief Justice Alok Aradhe pointed out: “The order of the tribunal had attained finality in respect of …

Land State Appellants Bench Acres 53 Acres Raidurg

1 year, 11 months ago

Bombay HC Grants Pre-Arrest Bail To Neighbour Booked Under SC/ST Act For Whistling, Says Making Sounds In His Own House Does Not Show Sexual Intent

Live Law

The Bombay High Court recently granted anticipatory bail to three persons accused of committing atrocities against a member of a Scheduled Caste observing that mere creation of sound by accused in his own house cannot mean that it was with sexual intent. Therefore, even prima facie offence under Section 3 of the Atrocities Act cannot be said to be attracted”, …

Court Caste Appellants Fir Complainant Act Alleged

2 years ago

'Held Father Figure, Betrayed Trust': Bombay HC Upholds Life Sentence Of 55-Yr-Old For Raping His Domestic Helper's Minor Daughter

Live Law

The Bombay High Court on Thursday upheld the life sentence of a 55-year-old man convicted for raping a minor girl stating that the appellant, being a fatherly figure in the girl's life, betrayed her trust. The court observed that the victim's evidence, corroborated by the medical and scientific evidence, indicates that she had been sexually assaulted by the appellant. The …

Evidence Court Victim Girl Appellant

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Articles for Appellants, search results for hc

Unregistered Agreement To Sell Confers Legal Right Upon Beneficiary To Seek Execution Of Subsequent Sale Instrument From Transferor: J&K HC

'No Premeditation': Gujarat HC Overturns Murder Conviction Of Two Who Caused Fatal Injuries From Iron Strips, Convicts For Culpable Homicide

Karnataka State Law University Has Autonomy To Regulate Its Revaluation Process: HC Rejects Student's Plea Against Evaluation Standards

If State Doesn't Question Suit Maintainability For Lack Of Notice U/S 80 CPC In Written Statement, It Can't Do So At Appellate Stage: Orissa HC

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Bengaluru Court Can Try Suit By Resident Manna Dey's Daughter Against 'Defamatory' Bengali Content Published At West Bengal: Karnataka HC

In Public Function Matters Like Electricity Supply No Ex Parte Stay Must Be Given, Vacation Plea Must Be Decided Expeditiously: Rajasthan HC

Arson Case | Prosecution's Story Highly Doubtful: Allahabad HC In Disqualified MLA Irfan Solanki Bail Order

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession

Priority In Admission To Kendriya Vidyalaya Not A Vested Right: Karnataka HC Declines Plea By Students Seeking 'Grandparents Sponsoring Quota'

Long Service And Transparent Recruitment Merit Regularization Despite Absence Of Rules: Madras HC

Objection To Tribunal's Jurisdiction U/S 16 Of Arbitration Act Must Be Raised Before Or At Time Of Statement Of Defence: Himachal Pradesh HC

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case

Larger Public Good By Constructing National Highways Need Not Be Overemphasized, Interest Of Local People Must Also Be Considered: Kerala HC

NDPS Act | Can Convict Accused Based On Testimony Of Police/DRI Witnesses If It Inspires Confidence: Allahabad HC

No Land Acquisition Compensation Determined For 42 Years : Supreme Court Expresses Disappointment With HC For Not Questioning State

[S.100 CrPC] Can't Be Permitted To Contradict Initial Position To Create 'Substantial Question Of Law': Andhra Pradesh HC Dismisses Second Appeal

‘Even Death Would Appear As An Alluring Option’: Orissa HC Upholds Conviction Of 6 Contractors For Abducting Labourers, Chopping Their Hands

HC Allows Raidurg Land Case Against the State

Bombay HC Grants Pre-Arrest Bail To Neighbour Booked Under SC/ST Act For Whistling, Says Making Sounds In His Own House Does Not Show Sexual Intent

'Held Father Figure, Betrayed Trust': Bombay HC Upholds Life Sentence Of 55-Yr-Old For Raping His Domestic Helper's Minor Daughter