Search Results for "procedural infirmities"

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High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

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Supreme Court Dismisses Appeal of Convicts in Murder Case Under Section 302 IPC. High Court's affirmation of life imprisonment upheld based on eyewitness testimony and discovery of weapons, despite challenges to evidence reliability.

The appeal arose from a murder conviction where two appellants were convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860, a...

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Bombay High Court Dismisses Appeal Against MCOCA Charges in Robbery Case — Appellant Fails to Show Lack of Prima Facie Evidence for Organized Crime. Court upholds trial court's rejection of discharge, finding sufficient material to proceed under MCOCA for dacoity and robbery offences.

The appellant, Maruti Navnath Sonawane, filed a criminal appeal before the Bombay High Court challenging the order of the Special Judge for MCOCA at B...

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Bombay High Court at Goa Dismisses Criminal Revision Applications Challenging Cognizance and Process Issuance in CBI Corruption Case. Sanction for Prosecution Under Section 19 of Prevention of Corruption Act, 1988 Not Required for Private Complaints Under Section 190 CrPC.

The judgment pertains to four criminal revision applications filed by multiple applicants challenging the order of the Special Judge (CBI) at Goa, who...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence. Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt Under Section 302 IPC.

The appellant, Rahim Ibrahim Pathan, was convicted by the Additional Sessions Judge-3, Latur, for the murder of his wife Rubina under Section 302 IPC ...

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Supreme Court Allows State Appeal in Default Bail Case Under UAPA — Extension of Custody Upheld Despite Procedural Defects. Report of Public Prosecutor Must Indicate Application of Mind, But Technical Non-Compliance Not Fatal When Substance Exists.

The Supreme Court allowed the appeal filed by the State of Maharashtra against the Bombay High Court's order granting default bail to the respondents/...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration and Lack of Homicidal Death Proof. Conviction under Section 302 IPC set aside as prosecution failed to establish that death was caused by the accused beyond reasonable doubt.

The appellant, Sakharam Shankar Garje, was convicted by the Sessions Judge, Beed in Sessions Case No.77/2010 for the murder of his wife Suman under Se...

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Bombay High Court Acquits Appellants in Forest Plantation Embezzlement Case Due to Insufficient Evidence. Conviction under IPC Sections 409, 467, 468, 465, 471 and Prevention of Corruption Act set aside as prosecution failed to prove entrustment, forgery, or criminal misconduct beyond reasonable doubt.

The appellants, Bhaskar Maruti Thube and Anant Chandrakant Sonavane, were original accused nos. 2 and 3 in Special Case No. 4 of 2003 before the Speci...