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6 days, 22 hours ago

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court

Live Law

Observing that the principle of res judicata is not strictly applicable to the criminal proceedings, the Supreme Court recently ruled that the dismissal of a previous petition does not preclude the filing of a subsequent petition under Section 482 of the Cr.P.C if it is prompted by a change in the law. The bench comprising Justice Dipankar Datta and Justice …

Law High Court Court High Appellants Petition Dismissed

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court

Live Law

Observing that the principle of res judicata is not strictly applicable to the criminal proceedings, the Supreme Court recently ruled that the dismissal of a previous petition does not preclude the filing of a subsequent petition under Section 482 of the Cr.P.C if it is prompted by a change in the law. The bench comprising Justice Dipankar Datta and Justice …

Law High Court Court Res Judicata High Appellants Supreme

3 weeks, 4 days ago

'Dearth Of Super-Speciality Doctors In Dental Science Field': Supreme Court Regularises MDS Admissions

Live Law

The Supreme Court in a recent order, while directing the issuance of pending degrees to graduates of MDS, observed the 'dearth of Super-Speciality Doctors' in the field of dentistry. The bench of Justice BR Gavai and Justice KV Viswanathan was hearing an appeal filed by MDS graduates, the batch of 2016-19 in the dental colleges of Madhya Pradesh who challenged …

Justice Supreme Court Court Order Dental State High

1 month, 2 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, 3 weeks 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, 4 weeks 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

5 months ago

Wrong Practices Cannot Change Law Of Pleadings: Gujarat High Court On Facts Being Mentioned In Grounds Of Writ Petition

Live Law

While hearing a matter wherein an alleged “agricultural land” had been declared as “excess land” by the authorities, the Gujarat High Court on Wednesday orally remarked that the “law of pleadings” cannot be changed by any “wrong practices”.The high court made the observations after noting that certain factual averments formed part of the grounds mentioned in. The high court made …

Writ Petition Counsel Court Land Writ Judge High

6 months, 3 weeks ago

Claim Of Additional Increment Is Not A Continuing Ground In Service Matters, No Remedy In Case Of Delayed Petition: Meghalaya High Court

Live Law

The High Court of Meghalaya has held that the claim of additional increment in service matters is not a continuing ground and therefore, in cases of long delay in filing a petition, relief cannot be granted on grounds of delays and laches. The Division bench of Chief Justice S. Vaidyanathan and Justice W. Diengdoh were considering the appeal preferred by …

Court Meghalaya Delay Appellants Ground Single Petition

9 months, 1 week ago

Arbitrator's Finding Based On Proper Appreciation And Interpretation Of Prevalent Conditions: Gujarat High Court Dismisses Section 37 Appeal

Live Law

The Gujarat High Court division bench of Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee dismissed appeal under Section 37 of the Arbitration and Conciliation Act, 1996 noting that arbitrator's finding was based upon the proper appreciation and interpretation of the prevalent conditions and the site inspection along with the documents on record. While the Arbitrator allowed only three …

Arbitration Appeal Court High Respondent Act Award

9 months, 2 weeks ago

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court

Live Law

The Karnataka High Court has set aside an order of the trial court which rejected a petition for anticipatory bail filed by an accused charged under provisions of the Scheduled Castes/Scheduled Tribes Act on the ground that cognizance had already been taken of the complaint. The court said,“The Sessions Judge was not proper in rejecting the petition filed under Section …

Court Bail Judge Accused Appellants Complainant Complaint

1 year, 1 month ago

Supreme Court Grants Anticipatory Bail To Law Students Accused Of Injuring Two Advocates

Live Law

The Supreme Court recently granted anticipatory bail to law students who were accused of injuring two advocates inside their chamber. “Since the petitioners have trespassed into the premises and assaulted both the Advocates, who are de-facto complainant, and another, this Court is not inclined to grant relief of anticipatory bail.,” the High Court held. One may also note that the …

Supreme Court Court Appellants Advocate

1 year, 1 month ago

Section 7 Petition Seeking ‘Joint’ CIRP Of Separate Corporate Entities Involved In Common Real Estate Project Is Maintainable: NCLAT Delhi

Live Law

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan and Shri Barun Mitra, has held that a petition under Section 7 of IBC, filed by allottees for joint CIRP of separate corporate entities involved in a common real estate project is maintainable. The NCLAT while upholding the maintainability of such Section 7 petition, has observed as …

Corporate Resolution Application Agreement Project Appellants Units

1 year, 2 months ago

Issue Of Non-Stamping Of Arbitration Agreement Not Raised Before The Arbitrator, Cannot Be Raised Subsequently Under Section 34 Or 37 Of The A&C Act: Bombay High Court

Live Law

The High Court of Bombay has held that if the issue of non-stamping or insufficient stamping of the arbitration agreement is not raised before the arbitrator or on the first possible opportunity, then it cannot be raised subsequently under Section 34 or 37 of the A&C Act. The Court held that an appeal to challenge an arbitral award cannot be …

Arbitration Court Agreement Held Appellants Issue Firm

2 years, 2 months ago

Babri Demolition: HC Reserves Order On Maintainability Of Plea Against Acquittal Of Advani, Others

ABP News

The Allahabad High Court on Monday reserved its order on the issue of maintainability of an appeal challenging the acquittal of all 32 accused, including former deputy prime minister LK Advani, in the Babri mosque demolition case. A Lucknow bench of justices Ramesh Sinha and Saroj Yadav passed the order on the appeal by two Ayodhya residents – Haji Mahmood …

Trial Court Cbi Babri Demolition Hc

2 years, 3 months ago

Writ Maintainable Against An Award Passed By Statutory Arbitrator Violating The Principles Of Natural Justice: Calcutta High Court

Live Law

The Calcutta High Court has held that an award passed by the statutory arbitrator under the National Highways Act, 1956 where neither the notice of arbitration was served nor the copy of the award was given to the appellants is violative of principles of natural justice. The Bench of Justices Arijit Banerjee and Kausik Chanda held the availability of an …

Justice High Court Court Natural Justice High Appellants Act

2 years, 6 months ago

Arbitral Award Vitiated By Serious Fraud And Criminal Conspiracy Can Be Set Aside In A Writ Petition: Chhattisgarh High Court

Live Law

The High Court of Chhattisgarh has held that an arbitral award that is vitiated by fraud and criminal conspiracy would be void and non-est and can be set aside in a Writ Petition and the availability of an alternative remedy under Section 34 of the A&C Act is not a bar to the maintainability of the petition. The Court held …

Fraud Court Conspiracy Writ Criminal Conspiracy Appellants Respondent

2 years, 7 months ago

Academic Authorities Can Frame Policies For Benefit Of Students Unless Found Contrary To Law: Gauhati High Court

Live Law

The Gauhati High Court recently dismissed a petition filed by a student challenging his college policy for allotment of marks to students who were scheduled to appear in the Higher Secondary Final examination, 2021 finding that unless found to be contrary to law, academic experts have the liberty to frame policies in the best interest of students. A Bench comprising …

High Court Counsel Court Order Examination Marks High

2 years, 8 months ago

Execution Proceedings Not Maintainable Against Decision Of Court In A Petition Filed Under Section 34 Of The A&C Act: Telangana High Court

Live Law

The Telangana High Court has held that a Civil Court does not have the power to modify an arbitral award in an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award. Constructions filed an Execution Petition before the District Court seeking execution of the order passed modifying the arbitral award under …

Court Appellants District Act Filed Award Petition

2 years, 9 months ago

Forcible Dispossession Of Private Property Of A Person Without Following Due Process Of Law, Is Violative Of Both Human & Constitutional Right: Supreme Court

Live Law

The Supreme Court observed that forcible dispossession of private property of a person without following due process of law, is violative of both their human right and constitutional right.Sukh Dutt Ratra and Bhagat Ram claim to be owners of land which was utilized for the construction of the 'Narag Fagla Road' in 1972-73. The Supreme Court observed that forcible dispossession …

Supreme Court Constitution Compensation Property Court Land Due Process

3 years ago

Reconstitution Of Board Of Studies At Kannur University Prima Facie Not In Accordance With Law: Kerala High Court

Live Law

The Kerala High Court on Tuesday observed that it is prima facie of the view that the notification issued by the Registrar in-charge appointing a new board of studies at the Kannur University was not in consonance with the statutory provisions.A Division Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly also issued notice to the Registrar and …

High Court Board University Registrar Teachers Kerala High Court Members

3 years, 1 month ago

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court

Live Law

The Supreme Court on Monday observed that despite some delay on appellant's part, the time period spent in prosecuting a Special Leave Petition would be a good ground for condonation of delay in filing a review application before the High Court.The bench of Justices SK Kaul and MM Sundresh in their order said, "We are of the view that it …

Supreme Court High Court Court Order Review Delay High

3 years, 1 month ago

Tenants Ought To Be In Actual Possession Of Premises To Avail Benefit Of Section 9 Of TN City Tenants Protection Act: Supreme Court

Live Law

The Supreme Court on Thursday reiterated that the tenants ought to be in actual possession of the premises to avail the benefit of Section 9 of the Tamil Nadu City Tenants Protection Act, 1972, which deals with the application filed by the tenant before the Court to direct the landlord to sell the land. Another judgement of the Supreme Court …

Supreme Court Court Lease Tenants State Appellants Supreme

3 years, 5 months ago

Supreme Court Sets Aside MP HC Order To Disburse 1.96 Crore Deposited By Defence Ministry To Land Owners As Compensation

Live Law

The Supreme Court set aside the Madhya Pradesh High Court order that directed the disbursal of the amount of about Rs. 1.96 crore deposited by Defence Ministry with Collector as compensation to land owners.Land owners of about 51.57 acres in Jabalpur had filed the writ petition before the Madhya Pradesh High court alleging that they were being obstructed by the …

Supreme Court Compensation Court Land Order Appellants Owners

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Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court

'Dearth Of Super-Speciality Doctors In Dental Science Field': Supreme Court Regularises MDS Admissions

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

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

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

Wrong Practices Cannot Change Law Of Pleadings: Gujarat High Court On Facts Being Mentioned In Grounds Of Writ Petition

Claim Of Additional Increment Is Not A Continuing Ground In Service Matters, No Remedy In Case Of Delayed Petition: Meghalaya High Court

Arbitrator's Finding Based On Proper Appreciation And Interpretation Of Prevalent Conditions: Gujarat High Court Dismisses Section 37 Appeal

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court

Supreme Court Grants Anticipatory Bail To Law Students Accused Of Injuring Two Advocates

Section 7 Petition Seeking ‘Joint’ CIRP Of Separate Corporate Entities Involved In Common Real Estate Project Is Maintainable: NCLAT Delhi

Issue Of Non-Stamping Of Arbitration Agreement Not Raised Before The Arbitrator, Cannot Be Raised Subsequently Under Section 34 Or 37 Of The A&C Act: Bombay High Court

Babri Demolition: HC Reserves Order On Maintainability Of Plea Against Acquittal Of Advani, Others

Writ Maintainable Against An Award Passed By Statutory Arbitrator Violating The Principles Of Natural Justice: Calcutta High Court

Arbitral Award Vitiated By Serious Fraud And Criminal Conspiracy Can Be Set Aside In A Writ Petition: Chhattisgarh High Court

Academic Authorities Can Frame Policies For Benefit Of Students Unless Found Contrary To Law: Gauhati High Court

Execution Proceedings Not Maintainable Against Decision Of Court In A Petition Filed Under Section 34 Of The A&C Act: Telangana High Court

Forcible Dispossession Of Private Property Of A Person Without Following Due Process Of Law, Is Violative Of Both Human & Constitutional Right: Supreme Court

Reconstitution Of Board Of Studies At Kannur University Prima Facie Not In Accordance With Law: Kerala High Court

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court

Tenants Ought To Be In Actual Possession Of Premises To Avail Benefit Of Section 9 Of TN City Tenants Protection Act: Supreme Court

Supreme Court Sets Aside MP HC Order To Disburse 1.96 Crore Deposited By Defence Ministry To Land Owners As Compensation