26 May 2020

Search Results for Tag : Discretion


Recommendation of select committee for appointment cannot be negated without good and plausible reason(11.08.2015)

In a petition against a decision of the State government to not appoint the Petitioner, after her successful selection by the select committee, the Co.....

Tags : Appointment, select committee, discretion, appointing authority


Subsequent sentence can be directed to run concurrently with previous one in a case where prosecution is based on single transaction, even if, different complaints in relation thereto have been filed(28.10.2016)

Instant appeals called in question judgment passed by High Court of Delhi in Criminal Revision Petition, sustaining conviction of Appellant under Sect.....

Tags : Discretion, Sentence, Concurrent


There Should be no Impediment in Quashing the FIR, if COURT is Otherwise Satisfied that the Facts and Circumstances of Case so Warrant(20.02.2017)

Present writ petition has been filed by Petitioner, for quashing of FIR No. 604/2016, under Sections 323/354/506/509/34 of Indian Penal Code, 1860 reg.....

Tags : FIR, Quashing, Discretion


High Court may quash the criminal proceeding if possibility of conviction is remote and continuation of proceeding would cause prejudice(10.10.2017)

By the present application, the Applicant Nos. 1, 2 and 3 prayed to quash and set aside first information report lodged by the Applicant No. 1 against.....

Tags : FIR, Quashing, Discretion


Discretion to grant bail has to be exercised judiciously and in a humane manner and compassionately(23.02.2018)

Present appeal has been filed against the judgment and order of High Court dismissing the Writ Petition filed by the Appellant. The main issue which n.....

Tags : Bail, Grant, Discretion


It is a matter of discretion as to since which date increase in maintenance can be made effective from(08.08.2018)

Present is a revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (CrPC) being aggrieved and dissatisfied by the j.....

Tags : Maintenance, Enhancement, Discretion


Gravity alone cannot be decisive ground to deny bail, rather competing factors are required to be balanced by Court while exercising its discretion(08.03.2019)

Bail Petitioner has approached present Court in the instant proceedings filed under Section 439 of Code of Criminal Procedure, 1973 (CrPC), praying th.....

Tags : Bail, Grant, Discretion


Mere repeated representations will not revive cause of action and cannot be a valid ground for present Court to overlook delay(10.04.2019)

The Petitioner has approached present Court seeking a direction to consider and promote him from the Post of Inspector (GD) to Subedar Major and then .....

Tags : Promotion, Entitlement, Discretion


Anticipatory bail cannot be granted in economic offence cases as it hampers effective investigation(05.09.2019)

Present appeal relates to the alleged irregularities in Foreign Investment Promotion Board (FIPB) clearance given to the INX Media for receiving forei.....

Tags : Anticipatory bail, Grant, Discretion


Court can refuse to grant discretionary relief of specific performance, even if, contract is not voidable but circumstances make it inequitable to enforce the same(11.09.2019)

In facts of present case, Mohinder Kaur, predecessor in interest of the Appellants entered into an agreement with Bahadur Singh, predecessor in intere.....

Tags : Discretionary relief, Specific performance, Validity



Meghalaya HC: No Discretion for Governor in Appointments in District Councils in Tribal Areas(19.02.2020)

Meghalaya High Court has held that the Governor of the State does not have any discretion in the matter of appointments to the Executive Committee of .....

Tags : Meghalaya High Court, Discretion of Governor in Appointments in District Councils


Bombay HC: Neither Union nor State has Authority to Issue Guidelines to Govern Judicial Discretion(20.08.2019)

Bombay High Court has rejected a petition filed by a man who challenged the constitutional validity of Section 125 of Code of Criminal Procedure, 1973.....

Tags : Bombay HC, Judicial Discretion


SC: Discretionary Jurisdiction Must Be Exercised On Fair And Just Principles(17.07.2017)

Supreme Court has held that exercise of discretion under Section 427(1) Code of Criminal Procedure, in a given case, mandates that the substantive sen.....

Tags : Supreme Court, Discretionary Jurisdiction


International Cases

In matrimonial disputes, a spouse may have an obligation to make provision for the payment of other expenses; but an obligation to duplicate it in circumstances is most improbable(18.07.2018)

In facts of present case, Mr Mills (“the husband” notwithstanding his divorce from Mrs Mills, “the wife”, in 2002) appeals against an order for upwa.....

Tags : Periodical payments, Discretion, Obligation


Mere fact that sentence is within range of other sentences imposed for similar offences not necessarily establish that there was appropriate exercise of sentencing discretion(31.08.2016)

Respondent was convicted, on pleas of guilty before Staude DCJ. Sentencing judge imposed a total effective sentence of 2 years 2 months' immediate imp.....

Tags : Discretion, Sentence, Inadequacy


Court is empowered to make an order for pre-action discovery on basis that, Defendant has possession of information that will assist Plaintiff’s case(26.06.2019)

The Plaintiffs have applied for orders for pre-action discovery pursuant to Order 26A Rule 3 of the Rules of the Supreme Court 1971 (RSC). The first .....

Tags : Pre-action discovery, Documents, Discretion


Top Story

Service Charge for dining in restaurants discretionary: Government(02.01.2017)

In a move, benefitting the consumers, Government has announced, that ‘service charges’, levied by restaurants along with other taxes, are discretionar.....

Tags : Service charge, Restaurant, Discretionary