Search Results for "Retrial not barred"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Retrial not barred"

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Supreme Court

Supreme Court Dismisses Appeal of Railway Platform Inspector Convicted for Bribery Under Prevention of Corruption Act. Conviction Upheld Despite Defective Sanction from Incompetent Authority, Quashing of First Proceedings No Bar to Retrial, Irregularity in Recording Evidence Cured Under S. 537 CrPC.

27 Nov 1968

The case concerned a platform inspector employed by the North Eastern Railway who was prosecuted for accepting a bribe of Rs. 15 and a bottle of liquo...

High Court

High Court of Bombay Allows Appeal in Civil Suit Remand Case — Remand Order Set Aside as Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23A CPC. The appellate court cannot remand a suit for retrial when the trial court has already decided it on merits without any procedural irregularity.

29 Aug 2023

The appeal arises from a judgment and order dated 22 March 2022 passed by the District Judge, Raigad, setting aside the judgment and decree dated 22 A...

High Court

Bombay High Court Quashes Second Prosecution in Gutkha Case on Principle of Autrefois Acquit — Section 300 CrPC Bars Retrial for Same Incident. Acquittal in First Trial for IPC and FSS Act Offences Arising from Same Transaction Precludes Second Trial.

4 Aug 2021

The petitioner, Sachin Shantilal Bhansali, ran a Pan Center in Malkapur, Buldhana. On 27/01/2014, a Food Safety Officer lodged a complaint alleging th...

Supreme Court

Supreme Court Quashes Second FIR in Forgery Case Due to Double Jeopardy — Acquittal in First FIR Bars Retrial on Same General Power of Attorney. The Court held that the substratum of both FIRs being the same, the subsequent prosecution under Sections 467, 468, 471 IPC is barred under Section 300 CrPC.

7 Feb 2020

The Supreme Court allowed the appeal of Prem Chand Singh against the State of Uttar Pradesh and another, setting aside the orders rejecting his discha...

High Court

Bombay High Court Quashes Supplementary Charge Sheet Against Petitioner in Corruption Case — Double Jeopardy Barred Under Section 300 CrPC as Petitioner Was Already Acquitted of Same Offence Based on Same Facts.

23 Jun 2022

The petitioner, Sanjay Janardan Dukre, filed a Criminal Writ Petition before the Bombay High Court seeking quashing of a supplementary charge sheet fi...

High Court

High Court of Karnataka Allows Revision Petition in NI Act Case — Remand Order Set Aside Due to Lack of Jurisdiction in Appellate Court. Appellate Court Exceeded Its Powers Under Section 397(1) Cr.P.C. by Remanding the Case for De Novo Trial Without Finding Any Infirmity in the Trial Court's Judgment.

8 Apr 2022

The case involves a criminal revision petition filed by the petitioners (M/S. A. Seating, a partnership firm, and its partners) against the judgment o...

High Court

Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Suit Dismissed as Barred by Limitation. Trial Court's Finding of Limitation Upheld; Decree for Refund Set Aside as Without Jurisdiction.

11 Oct 2023

The dispute arose from an agreement to sell dated 01.09.2004 and a final agreement dated 19.11.2004 between the plaintiff (respondent) and the defenda...

Supreme Court

Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

1 Jan 1970

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...

Supreme Court

Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

1 Aug 2026

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

Supreme Court

Supreme Court Sets Aside High Court's Remand Order in Civil Suit for Cancellation of Sale Deed - Directs Trial Court to Decide Based on Existing Evidence. The Court held that remand for de novo trial was unjustified as the Trial Court had already recorded evidence and decided on merits under Section 103 of the Indian Evidence Act, 1872, with no exceptional circumstances present.

27 Feb 2023

The appeal arose from a common judgment of the High Court of Kerala dated 28.06.2019, which disposed of four appeals related to civil suits between si...

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