Search Results for "Lack of evidence"

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Supreme Court

Supreme Court Dismisses Appeal of Police Official in Summoning Order Under Section 319 Cr.P.C. - Upholds Trial Court's Decision Based on Consistent Witness Evidence. The Court Found Sufficient Evidence to Summon Officials for Alleged Extortion and Corruption Under Sections 166, 383, 385 IPC and Prevention of Corruption Act, 1988, Without Requirement of Sanction Under Section 197 Cr.P.C. and Section 19 PC Act.

5 Jan 2024

The appeal arose from a criminal revision dismissed by the High Court of Punjab and Haryana, which upheld a Trial Court order summoning the appellant ...

Supreme Court

Supreme Court Acquits Appellant in Murder and Conspiracy Case Due to Non-Compliance with Investigation Duties and Lack of Evidence. Conviction Under Sections 302, 201 IPC and Section 25(1)(1b)(a) Arms Act Set Aside as Investigation Flawed and Conspiracy Charge Not Addressed While Co-Accused Acquitted.

24 Apr 2023

The Supreme Court considered an appeal by an appellant convicted for murder, destruction of evidence, and arms offenses, while other co-accused were a...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Eviction Petition Under Delhi Rent Control Act, 1958 Due to Res Judicata. The Second Eviction Petition Was Barred as the First Petition's Dismissal for Failure to Prove Landlord-Tenant Relationship Constituted a Decision on Merits Under Order 17 Rule 3 CPC, Attaining Finality Under Section 11 CPC.

29 Mar 2023

The appeal originated from an eviction petition under the Delhi Rent Control Act, 1958. The appellants, as landlords, filed a second eviction petition...

Supreme Court

Supreme Court Sets Aside Securities Appellate Tribunal's Remand Order in Insurance Brokerage Dispute. Appellate Tribunal Erred in Directing Fresh Inquiry When Insurance Regulator Found Insufficient Evidence of Bribery Under Section 41(1) of Insurance Act, 1938 and Clause 37(1) of IRDA (Insurance Brokers) Regulations, 2013.

24 Mar 2023

The Supreme Court heard an appeal by an insurance and reinsurance brokerage firm challenging an order of the Securities Appellate Tribunal that had se...

Supreme Court

Supreme Court Acquits Accused in Prevention of Corruption Act Case Due to Lack of Evidence of Demand for Illegal Gratification. Conviction Overturned as Proof of Demand is a Sine Qua Non Under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988, and Mere Recovery of Money Without Evidence of Demand is Insufficient to Sustain Guilt.

23 Mar 2023

The appeal involved a challenge to the appellant's conviction under the Prevention of Corruption Act, 1988. The appellant, a cleaner in the office of ...

Supreme Court

Supreme Court Acquits Accused in Kidnapping Case Due to Insufficient Evidence and Doubtful Victim Testimony. Conviction under Sections 366, 342 and 506 IPC Set Aside as Victim's Conduct Suggested Possible Elopement and Lack of Maltreatment During Alleged Kidnapping Period.

21 Mar 2023

The Supreme Court heard an appeal by an accused challenging his conviction under Sections 366, 342 and 506 of the Indian Penal Code, 1860 (IPC) for ki...

Supreme Court

Supreme Court Reverses High Court's Decision in Property Title Dispute Due to Lack of Evidence on Power of Attorney. Concurrent Findings of Lower Courts Restored as Plaintiffs Failed to Prove Title and Compliance with Registration Act for Foreign-Executed Document.

13 Jan 2023

The dispute originated from a civil suit filed by the original plaintiffs seeking declaration of title and recovery of possession over a property, all...

Supreme Court

Supreme Court Allows Discharge Application in Prevention of Corruption Act Case Due to Glaring Errors in Calculation. The Court held that the Trial Court and High Court erred in dismissing the discharge application without proper scrutiny of calculation infirmities under Section 227 of the Code of Criminal Procedure, 1973, and Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988.

14 Sep 2022

The appeal arose from the dismissal of a discharge application under Section 227 of the Code of Criminal Procedure, 1973, by the Trial Court and High ...

Supreme Court

Supreme Court Quashes Conviction Under Section 411 IPC Due to Lack of Evidence on Knowledge of Stolen Property. The Court held that mere possession and sale of goods at cheaper rates, without proof of knowledge they were stolen, fails to establish the essential ingredients under Section 411 of the Indian Penal Code, 1860, and reliance on co-accused's disclosure statements is insufficient for conviction.

7 Sep 2022

The appeal arose from a criminal case where the appellant was convicted under Section 411 of the Indian Penal Code, 1860, for dishonestly receiving st...

Supreme Court

Supreme Court Quashes Conviction of Accused Under Arms Act Due to Lack of Evidence on Willful Handing Over of Firearm. The Court Held That Mere License Holding and Negligence in Safe Custody Do Not Satisfy the Requirement of Willful Delivery Under Section 29 of the Arms Act, 1959, as the Prosecution Failed to Prove the Accused Knowingly Provided the Firearm for Use in a Murder.

29 Mar 2022

The appeal arose from a murder case where the deceased was shot with a licensed firearm owned by the appellant. The prosecution alleged that the appel...

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