Search Results for "Plausible Findings"

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Gujarat High Court Upholds Acquittal in Murder Case Due to Inconsistent Dying Declarations. State fails to prove guilt beyond reasonable doubt as dying declarations contain contradictions and are not corroborated by medical evidence.

The State of Gujarat appealed against the acquittal of Jagdish @ Jago Narsinhbhai Shrimali for the murder of Sarlaben. The deceased and accused were i...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted. Complainant's Failure to Prove Financial Capacity Does Not Automatically Discharge Accused When Execution of Cheque is Admitted.

The appellant/complainant filed a criminal appeal under Section 378(4) Cr.P.C. challenging the judgment of acquittal dated 29.12.2010 passed by the XV...

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Bombay High Court Dismisses State Appeal Against Acquittal in Infanticide Case Due to Lack of Evidence. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Sections 302, 201 read with 34 IPC as Complainant's Testimony Was Inconsistent and Medical Evidence Did Not Support Cause of Death.

The State of Maharashtra appealed against the judgment and order dated 22nd April 1999 passed by the learned Additional Sessions Judge, Pune, acquitti...

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Supreme Court Acquits Accused in Murder Case Due to Lack of Independent Witness Support and Inadequate Section 313 Examination. Reversal of Acquittal by High Court Set Aside as Trial Court's View Was Plausible and Not Perverse.

The incident occurred on 17 March 1997 at 7:00 a.m. when Keramat Ali Maral (the deceased) was having tea at Kalia Hotel. Six accused persons entered t...

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Bombay High Court Allows Second Appeal in Property Injunction Suit — Condonation of Delay Principles Reiterated. First Appellate Court erred in rejecting delay condonation application by applying strict limitation principles instead of liberal approach under Section 5 of Limitation Act, 1963.

The case involves a second appeal arising from a property dispute. The plaintiff, Vinay Madhukar Kulkarni, filed Regular Civil Suit No.155 of 2007 for...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — No Evidence of Abetment to Suicide or Cruelty. Acquittal of Husband and Relatives Under Sections 498A and 306 IPC Upheld as Prosecution Failed to Prove Demand for Rs. 20,000 or Harassment Leading to Suicide.

The State of Maharashtra appealed against the judgment and order dated 3.2.2004 passed by the Additional Sessions Judge, Amravati, in Sessions Trial N...

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Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Improper Complaint by Constituted Attorney. Complaint under Section 138 NI Act fails as attorney lacked personal knowledge and power of attorney was not proved.

The appellant, M/s. Amin Warehousing, a proprietary concern, filed a complaint through its constituted attorney against the respondent, Al Freight Int...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Evidence and Improper Application of Last Seen Theory. Conviction under Section 302 read with Section 34 IPC set aside as prosecution failed to prove chain of circumstances beyond reasonable doubt.

The appellants, Miya Khan Bhure Khan, Tasleem Khan Bhure Khan, and Sayed Israil Sayed Faiyyaz Khan, were convicted by the Additional Sessions Judge, A...

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Bombay High Court Upholds Acquittal in Assault Case Due to Unreliable Interested Testimony and Lack of Independent Witnesses. Conviction under Sections 323, 325, 504, 506 r/w 34 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The State of Goa appealed against the acquittal of five accused persons (Suhasini Palyekar, Anita Palyekar, Chandrakan Palyekar, Narendra Palyekar, an...

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Bombay High Court Dismisses State Appeal Against Acquittal in Attempt to Murder Case Due to Inconsistent Evidence and Doubtful Identification. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Sections 147, 148, 307 IPC.

The State of Maharashtra appealed against the acquittal of five accused persons who were charged under Sections 147, 148, 307 read with 149 and 34 IPC...