Search Results for "Section 74(5)"

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Bombay High Court Acquits Appellant in POCSO Case for Stalking Due to Lack of Repeated Conduct. Single Instance of Catching Hand and Expressing Love Does Not Constitute Stalking Under Section 354-D IPC as Essential Element of 'Repeated' Follow-Up Not Proven.

The appellant, Bhushan Wadaskar, was convicted by the Sessions Court, Amravati, for the offence of stalking under Section 354-D of the Indian Penal Co...

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High Court of Karnataka Quashes Stamp Duty Demand on Arbitral Award Passed Outside State — Stamp Duty Payable Only Where Award is Made Under Section 3 of Karnataka Stamp Act, 1957. Arbitral Award Made in Mumbai Not Subject to Karnataka Stamp Duty When Sought to be Executed in Karnataka.

The petitioner, Mahindra & Mahindra Financial Services Ltd, a financial institution, entered into a loan agreement with respondents No. 1 and 2. The a...

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Bombay High Court Acquits Accused in POCSO Case Due to DNA Evidence Inconsistency and Unreliable Testimony. Conviction under Section 376(2)(f)(l) IPC and Section 6 POCSO Act set aside as DNA report excluded semen and blood of accused, and victim's testimony was tutored.

The appellant, Bhaiyya S/o Vijay Chakre, was convicted by the Special Judge, Achalpur, for offences under Section 376(2)(f)(l) of the Indian Penal Cod...

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Bombay High Court Dismisses State's Appeal in Limitation Matter — Upholds Refusal to Condone Delay of 14 Months 10 Days. Court Holds That the Lower Appellate Court's Finding of No Sufficient Cause for Delay Was Not Perverse and Does Not Warrant Interference Under Section 100 CPC.

The State of Maharashtra, through the Collector, Gadchiroli, and other officers, filed a second appeal before the Bombay High Court, Nagpur Bench, cha...

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Supreme Court Upholds Conviction of Police Inspector for Custodial Death but Modifies Offence from Murder to Culpable Homicide. Death of an accused in police custody due to multiple injuries inflicted by police officers resulted in conviction under Section 304 Part I IPC instead of Section 302 IPC.

The case pertains to the custodial death of Jeeva, who surrendered at Amraiwadi Police Station on 10th June 1992. The appellant, Vinod Jaswantray Vyas...

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Bombay High Court at Goa Partly Allows Appeals in Land Acquisition Compensation Case — Enhances Compensation to Rs. 300 per sq m for Acquired Land. Court Relies on Comparable Sale Instances and Potential Value of Land Under Section 23 of Land Acquisition Act, 1894.

The judgment pertains to two first appeals arising from a common judgment and award dated 20.12.2014 passed by the learned District Judge-1, North Goa...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Under Section 138 NI Act. Presumption of Legally Enforceable Debt Arises When Signature on Cheque is Admitted, and Burden Shifts to Accused to Rebut.

The appellant, Shriniwas Ramdas Siwerwat, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Shantara...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 of the NI Act Stands Unless Rebutted by Accused.

The appellant, Smt. Kiran w/o Yugalkishore Bhattad, filed a criminal appeal against the judgment of the 7th Judicial Magistrate, First Class, Nagpur (...