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<|scenario|> FACTS: , appellant is asserting about a right which existed and is seeking to safeguard and continue to exercise such right – Case pleaded is not to the effect that any of them own the drain but that the respondent is seeking to alter that position and thus, be restrained – Such relief is to be considered ...
<|scenario|> FACTS: and circumstances of the present case. D 14. For the· reasons, as discussed above, we are not inclined to interfere with the impugned order passed by the High Court. Accordingly, the appeal is dismissed. The bail granted to the appellant Indra Vijay Alok is cancelled. The trial E court shall take hi...
<|scenario|> BAIL APPLICATION Case: 226 of 2010) APRIL 04 Applicant: AJIT KAUR @ SURJIT KAUR Court: finding to be reviewed by this Court in the instant appeal. FACTS OF THE CASE: , claim of the appellant-daughter from the second marriage, that property orally gifted to her mother by her father in 1950, became her moth...
<|scenario|> BAIL APPLICATION Case: 2019 5 495 498 EN.pdf Applicant: STATE OF UTTARAKHAND AND ORS. A Court: Supreme Court of India FACTS OF THE CASE: sed – Revision – Dismissed by the Additional Director General of Police – Writ petition thereagainst filed by the respondent – Dismissed by Single Judge – Division Bench...
<|scenario|> BAIL APPLICATION Case: 2015 9 126 137 EN.pdf Applicant: HARAM CHAND Court: Supreme Court of India FACTS OF THE CASE: in para (2) of the affidavit about the incident which took place in 2011 and, thereafter, security B arrangement was reviewed with the Delhi Police and a decision was taken on the administr...
<|scenario|> BAIL APPLICATION Case: 2021 11 954 967 EN.pdf Applicant: S.C.R. A VINOD KUMAR Court: Supreme Court of India FACTS OF THE CASE: before it can bring a case under S. 300, “Thirdly”; first, it must establish, quite objectively, that a bodily injury is present; secondly, the nature of the injury must be proved...
<|scenario|> BAIL APPLICATION Case: 2017 2 415 433 EN.pdf Applicant: BANK OF NEW YORK MELLON LONDON BRANCH A Court: Supreme Court of India FACTS OF THE CASE: , application for registration of Reference by respondent no. l company - Dismissal of, by Registrar, Secretary and Chairman of the Board, on the ground that res...
<|scenario|> BAIL APPLICATION Case: 2015 10 325 333 EN.pdf Applicant: STEEL COMPANY LTD. A Court: Supreme Court of India FACTS OF THE CASE: nd school bus - School bus is used for carrying the children wards of the employees 0 of the appellant from and to educational institutions purely as welfare measure - Tipping tru...
<|scenario|> BAIL APPLICATION Case: 2021 7 710 730 EN.pdf Applicant: S.C.R. A RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LIMITED AND ANOTHER Court: Supreme Court of India FACTS OF THE CASE: of the case on hand, the impugned B order passed by the Division Bench dismissing the appeal and confirming the order passed by the Si...
<|scenario|> BAIL APPLICATION Case: 2015 9 36 55 EN.pdf Applicant: A CHIEF CONTROLLING REVENUE AUTHORITY Court: Supreme Court of India FACTS OF THE CASE: of the case, it is manifest that the instrument of mortgage came into existence only after separate loan ·agreements were executed by the borrower with the lenders w...
<|scenario|> BAIL APPLICATION Case: 2019 14 704 715 EN.pdf Applicant: the accused Court: Supreme Court of India FACTS OF THE CASE: in directions to the Tamil Nadu State Election Commission was challenged – It was claimed D therein that the State Government was deliberately postponing elections; unconstitutionally alte...
<|scenario|> BAIL APPLICATION Case: 2023 10 742 757 EN.pdf Applicant: S.C.R. A THE MADRAS ALUMINIUM CO. LTD. Court: Supreme Court of India FACTS OF THE CASE: , it is not open for the respondents to contend that the petitioner is not liable for the refund of the amount deposited under protest towards the bills so gener...
<|scenario|> LEGAL SCENARIO: and circumstances of the instant case is disproportionate to the charges levelled against the appellant. It is submitted that the female constable – Rupasi Barman has been awarded punishment of forfeiture of two years’ seniority in the rank of constable and forfeiture of two years’ service ...
<|scenario|> BAIL APPLICATION Case: 2017 8 626 629 EN.pdf Applicant: A APPARAJU MALHAR RAO Court: Supreme Court of India FACTS OF THE CASE: , High Court did not frame C any substantial question of law as is required to be framed at the time of admission of the second appeal and allowed the second appeal filed by respo...
<|scenario|> FACTS: need mention hereinbelow in brief to appreciate the controversy involved in these appeals. 3. On 26.07.1989, the State Government made a reference under Section 10(1) of the Industrial Disputes Act, 1947 to the Industrial Tribunal, Kota for deciding the following disputes which read as under: “Whet...
<|scenario|> BAIL APPLICATION Case: 2019 3 663 672 EN.pdf Applicant: RITU BHATIA A Court: Supreme Court of India FACTS OF THE CASE: and circumstances of the case, the High court committed a grave error in approving the order of termination on the ground that the appellant was not having the requisite qualification of ...
<|scenario|> BAIL APPLICATION Case: 2021 9 152 162 EN.pdf Applicant: S.C.R. A ANJALI RATHI AND OTHERS Court: Supreme Court of India FACTS OF THE CASE: before this Court reveals that the petitioners have participated in the proceedings before D the RP and later, the CoC. The Resolution Plan which has been submitted by ...
<|scenario|> BAIL APPLICATION Case: 2019 1 94 99 EN.pdf Applicant: ANR. Court: Supreme Court of India FACTS OF THE CASE: taken note of supra, we consider it just and reasonable to award a sum of Rs.1,00,000/- (Rs.One lakh) to the respondent in lieu of his right to claim re-instatement and back wages in full and final ...
<|scenario|> BAIL APPLICATION Case: None Applicant: PERIYASAMI AND ORS. Court: absence of such satisfaction, the court should FACTS OF THE CASE: , in FIR or in the statements recorded u/s. 161, the names of the appellants or any other description not given so as to identify them – Allegations in the FIR are vague – No...
<|scenario|> LEGAL SCENARIO: of this case, our attention is not drawn to any of the specific provision under the Registration Act empowering the Registrar to entertain a document of cancellation for registration on the ground B that the sale .consideration was not paid and consequently, received by the vendor. Fu...
<|scenario|> BAIL APPLICATION Case: 2017 2 645 661 EN.pdf Applicant: SURESH SINGHAL A Court: Supreme Court of India FACTS OF THE CASE: and circumstances of the case, we find it difficult c to accept that the murder of Shyam Sunder and Kishan Lal had been preplanned. Had Suresh Singhal and his father late Pritpal Singh...
<|scenario|> BAIL APPLICATION Case: 2023 3 107 111 EN.pdf Applicant: ANR. A Court: Supreme Court of India FACTS OF THE CASE: of the case on hand, more particularly, the fact that physical possession of the subject land has been taken over and in fact the subject land has been put to use by the beneficiary department –...
<|scenario|> FACTS: of the case. D Dismissing the appeal, the Court HELD : 1. The ASI after producing the case property before the Court, returned the case property to PW-3 with the seals intact. ASI was not in possession of seals of either of the investigating officer or of PW-3. Therfore, the question of E tampering ...
<|scenario|> BAIL APPLICATION Case: None Applicant: STATE OF MADHYA PRADESH Court: instant appeal, the State contended that High Court erred in FACTS OF THE CASE: . ‘Attempt’ is the direct movement towards the commission after the preparations are over. It is essential to prove that the attempt was with an intent to c...
<|scenario|> BAIL APPLICATION Case: 2016 3 718 743 EN.pdf Applicant: S MANUELSONS HOTELS PRIVATE LIMITED Court: Supreme Court of India FACTS OF THE CASE: of H r 718 M/S MANUELSONS HOTELS PRIVATE LIMITED v. STATE OF · 719 KERALA the present case is that for the period that s.3A was in force, no A building tax was payab...
<|scenario|> BAIL APPLICATION Case: 2019 12 255 269 EN.pdf Applicant: ANR. A Court: Supreme Court of India FACTS OF THE CASE: , on the date of the order passed by the Rent Controller itself, the entire arrears as directed to be deposited D by the tenants stood paid and also on the date of the order passed by the Rent ...
<|scenario|> BAIL APPLICATION Case: 2019 11 739 751 EN.pdf Applicant: CHENNADI JALAPATHI REDDY A Court: Supreme Court of India FACTS OF THE CASE: of a given case – Evidence of DW-3 (brother of the first respondent) belies the F allegation of the first respondent that the signature found on Ext.A- 1 is forged – DW-3 ad...
<|scenario|> BAIL APPLICATION Case: 2023 2 1014 1036 EN.pdf Applicant: S.C.R. A CARDINAL MAR GEORGE ALENCHERRY Court: Supreme Court of India FACTS OF THE CASE: , the trial court (at Kakkanad) dismissed the complaint u/s. 203 of Cr.P.C. with respect to offences u/ss. 409, 418, 420, 465, 467 and 468 of the IPC, however ...
<|scenario|> BAIL APPLICATION Case: 2021 11 1138 1180 EN.pdf Applicant: S.C.R. A MANMOHAN NANDA Court: Supreme Court of India FACTS OF THE CASE: – Appellant intended to travel to the USA – Appellant was issued a overseas mediclaim business and holiday policy – The appellant was medically examined at the instance of re...
<|scenario|> LEGAL SCENARIO: , the High Court dismissed the appeal. [Para 9][454-F-H] 2. In view of the powers of the Appellate Court under Section 386 (b) of the Code of Criminal Procedure, 1973, the High Court should have examined the evidence of each prosecution witnesses on issues arising in the case and the same s...
<|scenario|> BAIL APPLICATION Case: 2018 11 155 165 EN.pdf Applicant: ABDUL WAHAB K. A Court: Supreme Court of India FACTS OF THE CASE: and evidence of the case or to direct retrial for that would be destructive of the object and intent of the section.” 9. In Rahul Agarwal v. Rakesh Jain10, the Court while dealing F w...
<|scenario|> BAIL APPLICATION Case: 33 of 2003 Applicant: The General Manager, M/S Barsua Iron Ore Mines Court: High Court of Orissa at Cuttack on 19.05.2019 challenging the FACTS OF THE CASE: : 4. The respondent no.3 was employed as a Piece Rated Mazdoor at Barsua Iron Ore Mines under Rourkela Steel Plant, a unit o...
<|scenario|> BAIL APPLICATION Case: 2015 12 867 881 EN.pdf Applicant: ORS. A Court: Supreme Court of India FACTS OF THE CASE: itnesses- Other circumstances D of the case read along with .the version of the eye-witnesses also sufficiently establish that the occurrence took place as deposed by the eye-witn.esses - Invol...
<|scenario|> LEGAL SCENARIO: , search and seizure of 11 kgs of intoxicated drug-ganja from the wife and her husband - Wife apprehended, however, her husband managed to escape - Trial court PRECEDENTS TO CONSIDER: • (1989) 3 SCC 5 <|end_scenario|> <think> ISSUE: Whether the accused is entitled to bail and, if so,...
<|scenario|> BAIL APPLICATION Case: 2017 7 731 735 EN.pdf Applicant: ORS. A Court: Supreme Court of India FACTS OF THE CASE: , in brief, to appreciate the issue involved in these appeals. G 3. The dispute in the suit out of which this appeal arises relates to agricultural lands comprises of Khewat No. 280 Khata No. 35...
<|scenario|> BAIL APPLICATION Case: 2019 8 869 882 EN.pdf Applicant: R. S. ANJAYYA GUPTA A Court: Supreme Court of India FACTS OF THE CASE: as well as on law which ought to receive proper attention of the High Court, the first instance in exercise of powers u/s.96 of CPC – Additionally, some of the documents which wer...
<|scenario|> LEGAL SCENARIO: . Further, since the role of the present accused was not an active one, inasmuch as he only shouted what he has supposed to have said, he should)n any case, even if conviction be sustained, be sentenced to the period already undergone, which we are informed is roughly almost two years i...
<|scenario|> BAIL APPLICATION Case: 2022 2 376 393 EN.pdf Applicant: OPERATIVE HOUSING SOCIETY LTD. Court: Supreme Court of India FACTS OF THE CASE: 3* B Submissions of Counsel 6* G C Analysis 9* D Conclusion 17* H * Ed. Note : Pagination is as per the original Judgment. 381 SAMRUDDHI CHS LTD. v. MUMBAI MAHALAXMI CONS...
<|scenario|> BAIL APPLICATION Case: 2015 2 678 686 EN.pdf Applicant: ORS. A Court: Supreme Court of India FACTS OF THE CASE: parity with the six acquitted accused. Motive -Absence -Affect of-Held: Mere absence of motive E does not bring lesser charge. Dismissing the appeal, the Court HELD: 1. The two injured eye witne...
<|scenario|> BAIL APPLICATION Case: 2018 9 349 354 EN.pdf Applicant: STATE OF MADHYA PRADESH A Court: Supreme Court of India FACTS OF THE CASE: of the case liability cannot be fastened on the respondent- accused (accused Nos. 2 to 9) – In view of medical evidence it is evident that accused No.1 was not having intentio...
<|scenario|> BAIL APPLICATION Case: 2017 7 676 686 EN.pdf Applicant: A TERAPALLI DYVASAHATA KUMAR Court: Supreme Court of India FACTS OF THE CASE: of the case or very scope and object of the legislation under this Act. Hence, it has to be necessarily held that it is only concerned District Court, where the society is ...
<|scenario|> FACTS: with reference to the number of persons, the place from where he was witnessing such an assembly, the nature of movement of the persons gathered in front of his banana shop, his own statement that he was frightened while looking at such a large H group of persons and that even according to him ...
<|scenario|> BAIL APPLICATION Case: 2017 11 271 362 EN.pdf Applicant: CHAIRMAN AND MANAGING DIRECTOR FCI AND ORS. A Court: Supreme Court of India FACTS OF THE CASE: which are to the knowledge of the applicant and hence the burden of proof is placed on the claimant by Section 8. 16. The sta(c legislature was evidently ...
<|scenario|> BAIL APPLICATION Case: 2022 16 609 614 EN.pdf Applicant: ANR. Court: Supreme Court of India FACTS OF THE CASE: ourt on 28.10.2014 – Inspite of this, solely on the ground that the compensation was not tendered prior to coming into force of the Act, 2013, High Court declared that the land acquisition with r...
<|scenario|> FACTS: is not precluded by s.34(2)(b) and that it was not necessary to consider the application for amendment – SUBMISSIONS BY PARTIES: reliance has been placed on MSP Infrastructure Ltd. vs. Madhya Pradesh Road Development Corporation Ltd. reported in (2015) 13 SCC 713. A B C D E F G H 685 4. Learned Ad...
<|scenario|> BAIL APPLICATION Case: 2019 13 224 227 EN.pdf Applicant: S.C.R. A GAURAV HARGOVINDBHAI DAVE Court: Supreme Court of India FACTS OF THE CASE: of the present case, application u/s. 7 is time-barred – There is no equity about limitation – It is not open D to the court to interpret Articles of Limitation Act,...
<|scenario|> BAIL APPLICATION Case: 2020 7 117 130 EN.pdf Applicant: SHYAM SAHNI A Court: Supreme Court of India FACTS OF THE CASE: which led to filing of this appeal are as follows:- The appellant filed a civil suit being CS (OS) No.1134 of 2008 before the High Court seeking declaration, permanent injunction and poss...
<|scenario|> LEGAL SCENARIO: of the respective cases. While the larger question i.e. qua F\,mdamental Rights was not directly in issue before the Kerala High Court, in Manuel Theodore D'souza (supra) c the right to adopt was consistent with the canonical law applicable to the parties who were Christians by faith. W...
<|scenario|> BAIL APPLICATION Case: 4522 of 2021) AUGUST 03 Applicant: TELANGANA STATE WAKF BOARD & ANR. Court: High Court setting FACTS OF THE CASE: , suit by Wakf Board before the Wakf tribunal seeking eviction of tenant from property belonging to Wakf Institution – Case of the tenant that suit property not a wakf p...
<|scenario|> BAIL APPLICATION Case: None Applicant: SATYA DEO @ BHOOREY Court: present case, this Court is FACTS OF THE CASE: of this case is to require him to pay a fine under clause (e) of Section 21(1) of the Juvenile Justice Act, 1986.” 21. Following the aforesaid ratio and the legal position elucidated above, whi...
<|scenario|> BAIL APPLICATION Case: 2020 3 1207 1218 EN.pdf Applicant: MADHYA PRADESH HOUSING AND INFRASTRUCTURE A DEVELOPMENT BOARD AND ANOTHER Court: Supreme Court of India FACTS OF THE CASE: , this Court fails to understand how the modification A in the layout plan which is in accordance with the Adhiniyam could ha...
<|scenario|> BAIL APPLICATION Case: 2019 1 886 919 EN.pdf Applicant: S.C.R. A RELIANCE INFRASTRUCTURE LIMITED Court: Supreme Court of India FACTS OF THE CASE: discussed above, the Commission does not find any merit in altering the MYT norms for SHR. Therefore, though RInfra-G has proposed a SHR of D 2,450 kCal/kWh, th...
<|scenario|> FACTS: being that respondent no.6 (mother) had the custody of the two minor children, for which the petitioner (father) had already filed a petition u/s.12 of the Guardians and Wards Act, which is pending consideration; and the custody of the children with the mother, who is a natural guardian, cannot be s...
<|scenario|> FACTS: of the case, the appellant cannot be called upon to answer something which has transpired 27 years back. The appellant has already undergone incarceration for a period of 10 years and 4 months. The conviction of the appellant stands vitiated. In the SUBMISSIONS BY PARTIES: by the appellant before t...
<|scenario|> BAIL APPLICATION Case: 6262 of 2010) FEBRUARY 16 Applicant: CORPORATION (GWALIOR) M.P. LTD. Court: High Court FACTS OF THE CASE: , however, need mention to appreciate the same. 3. The appellant is a limited company registered under the Companies Act. It is a State Government Undertaking which is establish...
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