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Gujarat High Court Dismisses State Appeal Against Acquittal in Atrocity Case — Caste-Based Insult Not Proven Beyond Reasonable Doubt. Alleged Offence Under Section 3(1)(10) of SC/ST Act Fails as Utterances Were Not Shown to Be on Account of Caste.

The State of Gujarat appealed against the judgment and order of acquittal dated 30.06.2010 passed by the learned Special Judge, Jamkhambhalia in Speci...

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Supreme Court Upholds Relevance of Age Statement in Will Under Evidence Act Sections 32(5)&(6) and Admissibility of Secondary Evidence. Legal Principles on Will Execution and Burden of Proof Clarified; Endorsement on Birth Register Held Inadmissible Without Examination of Its Writer.

The case concerned a Hindu male who executed a will three days before his death, bequeathing all his properties absolutely to his mother. In the will,...

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High Court of Bombay Dismisses Appeal Against Remission of Arbitral Award for De Novo Consideration Due to Jurisdictional Error. Arbitrator Exceeded Jurisdiction by Entertaining Claims Not Raised Before Chief Engineer and Commissioner Under Contractual Pre-Arbitration Procedure.

The appellant, Biwater Penstocks Ltd., a UK-based company, entered into a contract with the Municipal Corporation of Greater Bombay (first respondent)...

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Bombay High Court Dismisses State Appeal and Allows Revision in Criminal Defamation Case — Acquittal of Jailor Upheld for Lack of Sanction Under Section 197 CrPC. Complainant's Revision Allowed to Challenge Acquittal on Merits, but Court Finds No Ground to Interfere.

The case involves a Criminal Appeal filed by the State of Maharashtra against the acquittal of Rajendra Namdeo Shinde (the respondent/original accused...

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High Court of Karnataka Dismisses Petition to Cancel Bail of Accused in Sexual Assault Case — No Violation of Bail Conditions Established. Bail granted under Section 439 CrPC cannot be cancelled under Section 439(2) CrPC without evidence of breach of conditions or misuse of liberty.

The petitioner, K Lenin @ Sri Nithya Dharmananda, filed a criminal petition under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC) seekin...

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Gujarat High Court Upholds Acquittal in Atrocity Case Due to Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The State of Gujarat appealed against the acquittal of Thakore Savsiji Kamaji and others by the Special Judge, Fast Track Court, Patan in Special Atro...

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Supreme Court Restores Sentence in Parricide Case: High Court's Reduction to Period Already Undergone Set Aside. Proportionality in Sentencing Reaffirmed for Offence Under Section 304 Part II IPC.

The State of Madhya Pradesh appealed against the judgment of the Madhya Pradesh High Court which, while upholding the conviction of the respondent Sur...

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Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Invalid Sanction. Sanction order under Prevention of Corruption Act, 1988 must show application of mind and failure to do so vitiates prosecution.

The State of Maharashtra filed an appeal against the acquittal of the respondent (original accused) by the Special Judge, Pune, for offences under Sec...