Search Results for "Section 74(1)"

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High Court Quashes FIR Against Relatives in Dowry Death Case Due to Lack of Specific Allegations. Vague and Omnibus Allegations of Instigation by Uncle, Aunt, and Their Children Residing in Different State Held Insufficient to Sustain Charges Under Sections 498-A, 306, and 114 IPC.

The present application was filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR No.11191044220343 of 2022 regist...

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Bombay High Court Dismisses Challenge to Attempt Limit for PwBD Candidates in Civil Services Examination. Classification Between SC/ST and OBC/General PwBD Candidates Held Reasonable Under Article 14.

The petitioner, Dharmendra Kumar, a person with 57% multiple disability (locomotor and low vision), challenged Rule 3 of the Civil Services Examinatio...

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Bombay High Court Acquits Five Accused in Murder Case Due to Unreliable Dying Declaration. Dying declaration recorded without doctor's certification of fitness and without magistrate's certification, held not trustworthy to base conviction under Section 302 IPC.

The case pertains to an appeal against conviction under Section 302 read with Section 34 IPC. The prosecution case was based on a dying declaration (E...

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Bombay High Court Acquits Three Accused in Dowry Death Case Due to Inconsistent Dying Declarations. Conviction under Section 302 IPC set aside as dying declarations were contradictory and not corroborated by medical evidence or other witnesses.

The case pertains to the death of Parveen, who died due to burn injuries. The appellants, her husband Shahrukh Salim Pathan, mother-in-law Aminabee, a...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Settlement Under Own Policy Bars Further Recovery. Claimant who accepted full and final settlement from his own insurer cannot claim compensation from the opposite insurer for the same damage under the Motor Vehicles Act, 1988.

The New India Assurance Co. Ltd. appealed against the judgment and award of the Motor Accidents Claims Tribunal (MACT), North Goa, Panaji, dated 18.11...

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Bombay High Court Dismisses Petition Challenging ESI Circular for Construction Workers. Circular extending ESI Scheme to construction site workers held valid under Employees' State Insurance Act, 1948.

The petitioners, Confederation of Real Estate Developers' Association of India (CREDAI) and two real estate firms, challenged a Circular dated 31st Ju...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of the Constitution Violated by Failure to Furnish Statements of Co-Accused and Retraction Letters.

The petitioner, Deepak Bapu Keluskar, challenged a detention order dated 29th September 2014 passed by the detaining authority under Section 3(1) of t...

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High Court of Karnataka Allows Writ Petitions Challenging State Government's Interference in University Admissions for B.Ed. Course. State Government Cannot Prescribe Admission Rules Overriding University Autonomy and NCTE Guidelines.

The petitioners, K.S. Thara and H.S. Manjunath, were graduates who sought admission to the B.Ed. course in Bharathi College of Education and Vatsalya ...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Upheld. Suit for declaration of ownership and injunction dismissed as plaintiffs failed to prove title and possession; no substantial question of law under Section 100 CPC.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court which had...