Search Results for "double advantage"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "double advantage"

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High Court

Gujarat High Court Upholds Acquittal in Murder Case Due to Inconsistent Dying Declarations. Dying Declarations Found Unreliable as They Contradicted Each Other and Medical Evidence, Leading to Benefit of Doubt to Accused Under Section 302 IPC.

13 Mar 2026

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 11.10...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

Supreme Court

Supreme Court Upholds Conviction of Accused in SC & ST Act and IPC Rape Case Involving Blind Scheduled Caste Victim. The Court affirmed that the offence under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was committed 'on the ground' of caste due to the victim's vulnerability from blindness and Scheduled Caste status, and the rape under Section 376(1) of the Indian Penal Code, 1860 was proven beyond reasonable doubt.

27 Apr 2021

The appeal arose from a judgment of the High Court of Andhra Pradesh dated 3 August 2019, which affirmed the conviction of the appellant for offences ...

Supreme Court

Supreme Court Acquits Accused in Murder Case Based on Circumstantial Evidence — Doubtful Recoveries and Missing Links Lead to Reversal of Conviction. Held that in cases of circumstantial evidence, the prosecution must establish a complete chain of events, and failure to examine material witnesses or reliance on doubtful recoveries entitles the accused to acquittal under Sections 302, 392, 420, 201 IPC.

25 Sep 2020

The Supreme Court allowed the appeal filed by Anwar Ali and another against the State of Himachal Pradesh, setting aside the High Court's conviction a...

High Court

Bombay High Court Upholds Non-Cumulative Age Relaxation in Public Service Recruitment — Conflicting Division Bench Decisions Resolved. Age relaxation for multiple categories (physically handicapped, reserved category) cannot be cumulated unless rules expressly provide for cumulative benefit.

13 Dec 2018

The Maharashtra Public Service Commission filed two writ petitions challenging orders that allowed cumulative age relaxation to candidates who were bo...

High Court

High Court of Karnataka Allows Appeal Under Section 37(1)(b) of Arbitration and Conciliation Act, 1996 — Sets Aside Trial Court Order Dismissing Section 9 Application for Injunction. Court holds that existence of arbitration agreement and prima facie case for interim relief must be considered at the stage of Section 9 application, and the trial court erred in dismissing the application without considering the merits.

2 Aug 2017

The appellant, M/s Equestrain Centre for Excellence, filed an application under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an in...

High Court

Bombay High Court Upholds Life Conviction for Murder Under Section 302 IPC, Acquits Co-Accused for Lack of Common Intention. Conviction based on credible eyewitness testimony and medical evidence; acquittal of others due to absence of proof of common object under Section 149 IPC.

14 Jul 2017

The case involves three appeals arising from a single judgment of the trial court. The appellant Ishwar Baliram Hude was convicted under Sections 302 ...

High Court

Bombay High Court Dismisses Winding Up Petitions Against Respondent — Disputed Debt and Bona Fide Defence Preclude Admission. The court held that a winding up petition under Sections 433 and 434 of the Companies Act, 1956 cannot be admitted when the debt is bona fide disputed and the company has a substantial defence, as the remedy is not for recovery of debt but for insolvency.

6 Jun 2017

The petitioner,  filed two winding up petitions under Sections 433 and 434 of the Companies Act, 1956 against Respondent., seeking winding up on ...

High Court

Bombay High Court Allows Subsequent Purchaser to Join Appeal in Specific Performance Suit — Lis Pendens Does Not Bar Participation as Proper Party. The court held that a subsequent purchaser, though bound by the decree under Section 52 of the Transfer of Property Act, 1882, is entitled to be heard in the appeal as a proper party to protect his interest.

27 Feb 2014

The petitioner, Shrikrushna Narayan Tupkari, filed a writ petition challenging the order dated 19.5.2013 passed by the learned District Judge-2, Akola...

High Court

High Court of Bombay at Goa Allows Complainant's Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. The court held that the accused failed to rebut the presumption that the cheques were issued for a legally enforceable debt, and the trial court's acquittal was erroneous.

19 Oct 2006

The case involves a criminal appeal filed by the complainant, Shanaz D'Souza, against the acquittal of the accused, Sheikh Ameer Saheeb, under Section...

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