Search Results for "Section 372 CrPC"

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Supreme Court Dismisses Appeal in PMLA Default Bail Case — BNSS Proviso Not Retrospective. Complaint Filed Before BNSS Commencement Governed by Old Law; No Default Bail as Complaint Filed Within 60 Days of Arrest.

The Supreme Court dismissed an appeal against the Uttarakhand High Court's order rejecting default bail to the appellant, Parvinder Singh, in a money ...

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Supreme Court Dismisses Victim's Appeal for Enhancement of Sentence in Kidnapping and Murder Case. Victim Cannot Appeal Under Section 372 CrPC for Inadequate Sentence; Only State Government Can Seek Enhancement Under Section 377 CrPC.

The appellant, Parvinder Kansal, was the father of a deceased boy and the complainant in FIR No.742 of 2007 registered for offences under Section 364A...

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Bombay High Court Allows Appeal Under Section 378(4) CrPC in Section 138 NI Act Case - Appeal Against Acquittal in Private Complaint Lies Under Section 378(4) CrPC, Not Proviso to Section 372 CrPC

The case involved a reference to a larger bench to resolve a conflict regarding the maintainability of an appeal against acquittal in a prosecution un...

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Supreme Court Allows Victim's Appeal Against Acquittal Without Leave Requirement Under Section 372 CrPC. The Court held that the victim's right to appeal under the proviso to Section 372 CrPC is independent and does not require leave, distinguishing it from the State's appeal under Section 378 CrPC.

The Supreme Court considered an appeal by Naval Kishore Mishra, the brother of a deceased victim, against the High Court's dismissal of his appeal cha...

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Bombay High Court Allows Victim's Appeal Against Acquittal Under Proviso to Section 372 CrPC — Condonation of Delay Granted. The court held that the victim's right to appeal is independent and delay can be condoned if sufficient cause is shown.

The petitioner, Parbhani District Central Bank Ltd., through its Assistant Manager Digambar s/o Madanrao Parve, filed a criminal writ petition challen...

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Bombay High Court Allows Victim's Appeal Against Acquittal in Murder Case — Reverses Acquittal Under Section 302 IPC Based on Dying Declarations. Multiple Consistent Dying Declarations by Deceased Naming Accused as Perpetrator Held Sufficient for Conviction Despite Property Dispute Motive.

The case involves a criminal appeal filed by Amit Mishra, the son of the deceased Nirmalabai, against the acquittal of the accused Jagadambaprasad Mis...

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Bombay High Court Dismisses Application Challenging Maintainability of Appeal Against Acquittal Under Section 138 NI Act. Complainant's Appeal Under Proviso to Section 372 CrPC Does Not Require Leave Under Section 378 CrPC.

The applicant, Madhav Shriramji Khadse, was the original accused in Summary Criminal Complaint No. 1288/2008 under Section 138 of the Negotiable Instr...

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Bombay High Court Allows Victim Compensation Appeals Under Section 357A CrPC — State Must Compensate Victims Even if Accused Acquitted or Untraced. The court held that victim compensation is a mandatory duty of the State, not dependent on conviction of the accused.

The judgment concerns four criminal appeals (Criminal Appeal Nos. 991, 992, 331, and 854 of 2011) heard together by the Bombay High Court. The appeals...

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Bombay High Court Allows Victim's Appeal Against Acquittal in Corruption Case. Holds that the amendment to Section 372 CrPC giving right to victim to appeal is procedural and retrospective.

The applicant, Babu Uligappa Batteli, was the original complainant who filed a complaint against respondent no.2 for offences under the Prevention of ...