Search Results for "Strong and Cogent Evidence"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Strong and Cogent Evidence"

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Supreme Court

Supreme Court Quashes Summons Issued Under Section 319 Cr.P.C. and Remands for Fresh Consideration. The Court held that invocation of Section 319 Cr.P.C. requires strong and cogent evidence from the evidence led before the court, and the test is more than prima facie case but short of satisfaction that unrebutted evidence would lead to conviction, setting aside the lower courts' orders based solely on the complainant's deposition.

13 Sep 2021

The Supreme Court of India heard a criminal appeal arising from a Special Leave Petition concerning the invocation of Section 319 of the Code of Crimi...

High Court

Bombay High Court Quashes Summoning Order Under Section 319 CrPC for Applicant Named in FIR but Excluded from Charge Sheet Based on Alibi Evidence. The court held that the trial court erred in summoning the applicant when the investigating officer had already accepted his alibi and did not file a supplementary charge sheet under Section 173(8) CrPC.

23 Jan 2023

The applicant, Anand Shivaji Ghodale, was named in an FIR but not arraigned as an accused in the charge sheet. The investigating officer, after collec...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Lack of Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

5 Dec 2012

The appellant, Satish Hiranna Pujari, was convicted by the Sessions Court for the murder of his wife under Section 302 IPC and sentenced to life impri...

High Court

High Court of Karnataka Dismisses Husband's Appeal in Muslim Marriage Dissolution Case — Second Marriage During Subsistence of First Marriage Constitutes Cruelty Under Muslim Personal Law. The court upheld the Family Court's decree dissolving the marriage on grounds of cruelty and desertion, as the husband failed to prove that the wife left without reasonable cause.

17 Aug 2020

The appellant-husband, a Sunni Muslim, married the respondent-wife on 17.07.2014 as per Shariat law. After a short period of happy married life, the w...

Supreme Court

Supreme Court Allows Appeal in Section 319 CrPC Case, Setting Aside High Court's Remand Order. Trial Court's Dismissal of Summoning Application Upheld as Evidence Was Insufficient to Meet the Stringent Threshold for Exercising Discretionary Power Under Section 319 of Code of Criminal Procedure, 1973.

1 Mar 2023

The appeal challenged the Allahabad High Court's order dated 16.05.2017 which had quashed the Trial Court's order dated 15.03.2017 and remanded the ma...

High Court

Bombay High Court Dismisses Second Review Petition in Service Matter — No Error Apparent on Record. Second review petition not maintainable as it seeks re-agitation of issues already decided, and no grounds under Order 47 Rule 1 CPC exist.

15 Jul 2022

The petitioner, Anand Prabhakar Joshi, a former employee of the Bank of Maharashtra, filed a second review petition before the Bombay High Court seeki...

High Court

Bombay High Court Hears Writ Petition Challenging Family Court Order Directing DNA Profiling Test in Child Legitimacy Dispute. Section 112 Indian Evidence Act Presumption of Legitimacy and Exceptional Circumstances for DNA Test Considered.

1 Jul 2025

The writ petition arose from a matrimonial dispute before the Family Court, Nagpur, in which the respondent-husband sought a DNA Profiling Test to det...

High Court

Bombay High Court Allows Appeal Against Ex-Parte Order Appointing Commissioner in Copyright Infringement Suit — Emphasizes Need for Notice to Defendant Before Appointing Commissioner Under Order XXVI Rule 9 CPC. The court set aside the ex-parte order and directed the trial court to hear both parties before passing any order on the application for appointment of commissioner.

26 Jul 2017

The appellant, Fomento Resorts and Hotels Limited, challenged an ex-parte order dated 22.06.2017 passed by the learned District Judge-1, Panaji, which...

Supreme Court

Supreme Court Quashes Summoning Order Against Bank Clerk in Embezzlement Case Due to Insufficient Evidence Under Section 319 CrPC. The Court Held That Mere Supply of a Dim Account Statement by a Clerk Without Transaction Authority Does Not Constitute Strong and Cogent Evidence Required for Summoning Additional Accused Under Section 319 of the Code of Criminal Procedure, 1973.

16 Mar 2023

The dispute arose from an FIR lodged by a complainant alleging embezzlement of ₹55,20,000 from his bank account, with no accused named initially. Af...

Supreme Court

Supreme Court Allows Consumer Insurance Claim Against Insurer for Wrongful Repudiation Due to Uncommunicated Policy Conditions. The Court held that insurance policy terms must be specifically communicated to the beneficiary, and the insurer failed to prove communication of special conditions requiring non-ATM transactions, constituting deficiency of service under consumer law.

21 Feb 2022

The appeals arose from a judgment of the National Consumer Disputes Redressal Commission dated 24 March 2017, which affirmed the State Commission's de...

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