Indian Penal Code, 1860, Section 302, 148, 149, Constitution of India, 1950, Article 136 -- Acquittal by High Court - Appeal against - Interested private party can file appeal in Supreme Court against order of acquittal passed by High Court when acquittal leads to a serious miscarriage of justice...........
Prevention of Terrorism (Repeal) Act, 2004, Section 2(3), 2(5) -- Supreme Court upheld the Constitutional validity of S.2(3), 2(5) of the Repealing Act - It upheld the deemed withdrawal of cases under the POTA - All the accused persons given liberty to move bail applications before the concerned Sessions Court...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1)(i), Constitution of India, 1950, Article 22(5) -- Preventive detention - Order of - Set aside by High Court - Supreme Court set aside order of High Court - Taking in custody of detenu to serve remaining period - Held, it would be appropriate for detaining authority to consider..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Trial Court and High Court granted divorce on ground of mental cruelty - Husband undergoing second marriage before expiry of period of 90 days which is stipulated for filing special leave to Supreme Court - Husband directed to pay Rs.5 lakhs to wife...........
Land Acquisition Act, 1894, Section 28A -- When decision of reference Court is sub judice before a Superior Court - In case reference Court decides the matter and state challenges the same before High Court or Supreme Court then Collector would be within his power or authority to keep the application under S.28A of the Act pending till the matter is finally decided by the..........
Indian Penal Code, 1860, Section 302, 307, 148, 149, Constitution of India, 1950, Article 136 -- Appellants convicted u/s 149/302 IPC by trial Court - Conviction confirmed by High Court - Held, no error has been committed by trial Court or High Court in recording conviction - Supreme Court while exercising power under Art.136 of the Constitution Court does not..........
Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204 -- Recall of summoning order - Summoning order recalled - Magistrate had jurisdiction to recall the summoning order in view of K.M.Mathew's case - Subsequently Supreme Court in Adalat Prasad case held that Court which passed the order of summoning had no jurisdiction to recall the same as there is no specific..........
Prevention of Money Laundering Act, 2002, Section 6, 25, 27, 28, Prevention of Money Laundering (Appointment and Conditions of Service of Chairperson and Members of Appellate Tribunal) Rules, 2007, Rule 3, 6(2) -- Certain provisions of the Act pleaded to be ultra vires of the Constitution - Provisions of the Act are so that there may not be independent judiciary to decided..........
Prevention of Money Laundering Act, 2002, Section 6, 25, 27, 28 -- Prevention of Money-Laundering (Appointment and Conditions of Service of Chairperson and Members of Appellate Tribunal) Rules, 2007, Rr.3, 6(2) - Certain provisions of the Act pleaded to be ultra vires of the Constitution - Provisions of the Act are so that there may not be independent judiciary to decided..........
Civil Procedure Code, 1908, Section 25 -- Transfer of a case from a Court subordinate to one High Court to a Court subordinate to another High Court - It is not the High Court but only Supreme Court which may order the transfer...........
