Search Results for "Voluntary Surrender"

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Supreme Court Upholds Setting Aside of Compromise Decree in Partition Suit Due to Fraud and Forged Signatures. Compromise Decree Based on Forged Signatures of Defendant No.5 is a Nullity and Can Be Challenged Beyond Limitation Under Order 23 Rule 3 CPC.

The case arises from a partition suit filed by Dinbandhu Ojha (original plaintiff) seeking 1/4th share in the property of common ancestor Thakur Ojha....

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Supreme Court Acquits Accused in POCSO Case Due to Inconsistent Testimony and Lack of Medical Corroboration. Conviction under Section 4 of POCSO Act and Section 376 IPC Set Aside as Prosecution Failed to Prove Case Beyond Reasonable Doubt.

The case involves an appeal against the conviction of Dr. Ramesh under Section 4 of the Protection of Children from Sexual Offences Act, 2012 and Sect...

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Supreme Court Strikes Down Caste-Based Discrimination in Prison Manuals as Unconstitutional. Prison Rules Dividing Labour and Segregating Barracks by Caste Violate Articles 14, 15, 17, 21, and 23 of the Constitution.

The petitioner, Sukanya Shantha, a journalist, filed a writ petition under Article 32 of the Constitution seeking directions for the repeal of offendi...

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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

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Bombay High Court Acquits Accused in Bribery Case Due to Inconsistent Evidence and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Deorao Marotrao Bhagatkar, was the Principal of Kendriya Vidyalaya, Chandrapur. He was convicted by the Special Judge, Chandrapur, in S...

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Bombay High Court Acquits Appellants in Murder Case Due to Lack of Credible Evidence. Conviction under Sections 302, 201 read with 34 IPC set aside as circumstantial evidence was insufficient and dying declaration unreliable.

The case involves appeals against conviction for murder of Babarao Dhanewad. The deceased was living with his wife (accused No.3) and children in a fa...

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High Court of Bombay at Goa Upholds Conviction in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Accused Failed to Prove Defence of Blank Cheque Given as Security, Leading to Confirmation of Sentence Under Section 138 of Negotiable Instruments Act, 1881.

The case arises from a complaint filed by the respondent (complainant) against the petitioner (accused) under Section 138 of the Negotiable Instrument...