1. Chief Commissioner VS TNT India Pvt. - 16 Apr 10

Further under Section 73 of the Act, recovery cannot

India - Karnataka

2. Gautam Chand Jain VS RIICO Ltd. - 09 May 07

at is wholly erroneous and contrary to the material on record – The impugned order cannot be sustained in the eye of law. ... considered by Highest body of respondent and the action taken was in conformity of order dated 21.11.2000 – The finding arrived ... alleging conversion of unauthorised construction – Held – The Enquiry officer failed to take note of the fact that the matter was

India - Rajasthan

3. Shankar Dass VS State - 30 Dec 17

be accepted as order sheet indicates that their objections were considered by Collector Land Acquisition by assigning reasons and ... suitable for acquisition but it is for Government to decide therefore contention of petitioners that excess land is being acquired cannot ... petitioners – Held, It is pertinent to mention here that contention of petitioners that they were not given an opportunity of hearing cannot ... be accepted as the order sheet indicates that their objections were considered by the Collector, Land Acquisition by assigning reasons ... were considered and opportunity of hearing was also afforded to them. ... I have considered the submissions made by learned counsel for the parties and have perused the record.

India - J&K

4. BASRAM VS STATE OF RAJASTHAN - 07 Mar 18

The period during which the accused remained in custody of Police Officer in exercise of power under Section 57 of Cr.P.C. cannot

India - Rajasthan

5. Kotanagouda @ Shivanagouda S/o Ninganagouda Patil VS State of Karnataka - 08 Apr 19

that if conduct of accused’s are considered they have adopted tactics for delaying in further proceedings in case – However by considering ... of defence hence same cannot be a ground to invoke Section 407 of Criminal Procedure Code to transfer petition to some other Court ... of assisting Court adopted tactics of filing one or other application for transfer of case knowingly well that very same judge cannot ... that if the conduct of the accused’s are considered, they have adopted the tactics for delaying in further proceedings in the case ... of the defence hence, same cannot be a ground to invoke Section 407 of Cr.P.C. to transfer the petition to some other Court, hence ... to invoke Section 407 of Cr.P.C., there must be a material to invoke the said proviso that a fair and impartial enquiry or trial cannot

India - Karnataka

6. Sahab Singh VS State of Rajasthan - 13 Sep 11

The second charge sheet is by improving the fact that one person died but it cannot be considered to be a new fact as the person ... ... The aforesaid argument was considered by me in the light of the ... So far as remaining charges are concerned, they are arising out of the award passed by the Tribunal but then aforesaid cannot be ... by improving the fact that one person died but it cannot be considered to be a new fact as the person died on the spot itself thus ... cannot be issued against the petitioner for same incident and he cannot be made liable for the claim accepted by the Tribunal as ... I have considered rival submissions of learned counsel for parties and perused the record of the case carefully.

India - Crimes

7. State of M. P. VS Mohammad Shafi - 15 Mar 89

227 and 228 – stage of framing of charge – whole material should be considered ... ... (2) Costs – imposition of costs – payment cannot be ordered to be ... State (1965 JLJ Short Note No. 144), the accused was acquitted.

India - Madhya Pradesh

8. Ashok Agrawal VS State of M. P. - 28 Nov 14

Penal Code, 1860 -- S.188 -- Criminal P.C., 1973 -- Ss.2(d), 144, 195 and 482 -- cognizance under section 188, IPC -- cannot be taken ... on charge sheet filed by police -- it can be taken only on the written complaint filed by District Magistrate. 2014(1) JLJ 326 relied ... By the impugned order dated 11.4.2014, the learned Judicial Magistrate considered the charge ... cannot be taken by the Magistrate under section 195 of CrPC. ... The defects cannot be cured merely by a letter by the District Magistrate addressed to the

India - Madhya Pradesh

9. Moli Riba, S/o. Late Tamo Riba VS State Of AP. , Represented through the Public Prosecutor, Govt. of Arunachal Pradesh - 21 Sep 22

on record including statement recorded under Section 161 Cr.P.C charge-sheet - Court considered opinion that this is a fit case ... arising out of Ziro Police Station Case – Held, Court Considering nature of allegation and also taking note of material available ... learned Additional Public Prosecutor Arunachal Pradesh - Present application is filed for quashing and setting aside of charge-sheet ... recorded under Section 161 Cr.P.C., the charge-sheet, this court is of the considered opinion that this is a fit case where this ... which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on ... In view of such clear disclosure by the petitioner No. 2 in the agreement dated 02.08.2022, this court is of the considered opinion

India - Gauhati

10. Jagdish Bulchandbhai Mohnani VS Tamanna H. Jhalodia or her Successor in Office - 08 Mar 21

It is a settled principle of law that remedy under Article 226 of Constitution of India is discretionary in nature and in a given case, even if some action or order challenged in petition is found to be illegal and invalid, High Court while exercising its extraordinary jurisdiction thereunder can refuse to upset it with a view to doing substantial justice between parties

under Rule 62 cannot be considered as final. ... Therefore, until all the valid votes are considered, the process of counting votes cannot ... Even question of inadvertent mistake was not considered by the Bench in contra ratio of

India - Gujarat