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Whether the High Courts while exercising jurisdiction under section 482 of CrPC quash the proceedings of the Trial court or act as the court of appeal?

Facts – Submission of Appellant – Mr. Mahesh Thakur appeared on the behalf of the appellant and put forth the following submissions before the apex court – Submission of Respondent 1 (The State of Karnataka) Mr. V. N. Raghupathy appeared for the state and made the following arguments – Submission of Respondent 2 (Accused) – […]

Whether the High Courts while exercising jurisdiction under section 482 of CrPC quash the proceedings of the Trial court or act as the court of appeal? Read More »

Actual Possession of property is more recognizable than legal possession of the property

Facts: The Appellant was aggrieved because Bharat petroleum sub-let appellant’s property to a dealer and had neither vacated nor paid any arrears of rent since 2009 because the lease agreement expired in 2009 between the appellant and Bharat Petroleum way back before. Single judge and Division bench discarded the matter stating the writ was not

Actual Possession of property is more recognizable than legal possession of the property Read More »

Whether conviction can sustain only on purported disclosure of statements?

Facts: Appellants robbed the complainant when the complainant was on his bike to buy a plot in Delhi and was carrying a sum of Rs. 46,000/­ wrapped in a red cloth which was embroidered as “Kamla” belonged to the wife of the Complainant. During the trial, witnesses of the complainant turned hostile and Complainant refused

Whether conviction can sustain only on purported disclosure of statements? Read More »

Whether A Person Who Is Indirectly Connected To An Organized Crime can be Considered As An Accused?

Facts: Submission/Contention Of Appellant: Submission/ contention of respondent: Principles and observation of court: Judgements: Opinion: I agree with the decision of the court for quashing the half-writ petition filed by Mohan Nayak. N, As the accused was found indirectly connected to the commission of an organized crime. The above lines are justified by sec3(2) of

Whether A Person Who Is Indirectly Connected To An Organized Crime can be Considered As An Accused? Read More »

Whether the benefit of a pension with a break in service is admissible?

Introduction: The complainant made claim for pensionary benefits by taking into consideration and reckoning the service 10 times rendered by the complainant in the Telecom Department which was served under the Central Government. Facts: Contentions of Appellant: Mr. P. V. Surendranath learned elderly counsel for the complainant made claim for the pensionary benefits by taking

Whether the benefit of a pension with a break in service is admissible? Read More »

Is the nature of allegation & accusation, & not that nature of accusation arising out of a Business transaction what needs to be considered before granting anticipatory bail?

Facts– Contentions of appellant– Contention of the respondent–  Principle an observation of the court– Judgment– The Court observed that the allegations made against respondent no.2 are genuine and there is a clear prime face case against him as alleged by the appellant. Considering the same court found out that observations made by the High Court

Is the nature of allegation & accusation, & not that nature of accusation arising out of a Business transaction what needs to be considered before granting anticipatory bail? Read More »

Whether the rights, interest, and ownership be transferred based on revenue records?

Facts – Submission/Contentions of Appellant/s – The Appellant, through their counsel, argued that the decision to set aside the order passed by the Deputy Director by the High Court lacks any legal basis. The notification, dated 11th Oct 1952, vide Section 4 of the Abolition Act, was in force, and as per notification, all estates situated

Whether the rights, interest, and ownership be transferred based on revenue records? Read More »

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