Search Results for "Fatal Defect"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Fatal Defect"

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High Court

High Court of Karnataka Allows Revision Petitions in Negotiable Instruments Act Case — Acquittal Set Aside Due to Non-Examination of Complainant and Improper Service of Notice. Court holds that Section 138 NI Act proceedings require proper service of demand notice and examination of complainant as witness, and failure to do so vitiates the trial.

22 Mar 2025

The petitioner, Mr. Lagadapati Malyadri, filed two criminal revision petitions under Section 397 read with Section 401 of the Code of Criminal Procedu...

High Court

Bombay High Court Upholds Life Sentence for Triple Murder Despite Defective Charge — Consolidated Charge for Murder of Wife, Son, and Daughter Not Fatal to Conviction. The court held that a single consolidated charge for three murders under Section 302 IPC is defective but does not vitiate the conviction if no prejudice is caused.

30 Aug 2023

The appellant, Hausaji s/o Bhaurao Jagdambe, was convicted by the learned Additional Sessions Judge, Biloli on 18.10.2016 in Sessions Case No.39 of 20...

High Court

Bombay High Court Upholds Conviction of Accused in Murder and Attempt to Murder Case Arising from Land Dispute. Conviction under Sections 302, 307, 506(II) read with Section 149 IPC confirmed for active participants in fatal assault, while acquittal of other accused upheld for lack of evidence.

9 Aug 2023

The case arises from a land dispute between two families in Dhol Umari, Hingoli. On 18th May 2014, the informant Dipak Khandare and his family members...

High Court

Bombay High Court Quashes Disqualification Proceedings Against Zilla Parishad Councillors for Alleged Defection — Whip Not Issued in Compliance with Maharashtra Local Authority Members' Disqualification Act, 1986. The court held that without a valid whip issued by the authorized person, councillors cannot be disqualified for voting against the party line in the election of the President.

20 Oct 2020

The petitioners, Mangal Kiran Waghmode and others, were elected councillors of Zilla Parishad, Solapur, in elections held on 21 February 2017. On 31 D...

Supreme Court

Supreme Court Allows Appeal by Lokayukta Police in Corruption Case: High Court Erred in Quashing Proceedings at Discharge Stage Based on Premature Application of Section 65B Evidence Act. The court held that the requirement of a certificate under Section 65B arises only at the time of production of electronic evidence during trial, not at the stage of discharge, and that preliminary inquiry using spy camera is permissible.

1 May 2019

The Supreme Court allowed the appeal filed by the State by Karnataka Lokayukta Police against the judgment of the Karnataka High Court which quashed c...

High Court

Bombay High Court Acquits Tax Superintendent in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

14 Mar 2012

The appellant, Vijaykumar Marotrao Daiwalkar, was a Tax Superintendent in the Municipal Council, Chandrapur. He was convicted by the Special Judge, Ch...

High Court

Bombay High Court Acquits Tax Superintendent in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

14 Mar 2012

The appellant, Vijaykumar Marotrao Daiwalkar, was a Tax Superintendent in the Municipal Council, Chandrapur. He was convicted by the Special Judge, Ch...

High Court

Bombay High Court Dismisses Election Petitions for Non-Disclosure of Cause of Action Under Order VII Rule 11 CPC. Petitions Challenging Lok Sabha Elections Failed to Plead Material Facts Constituting Corrupt Practices as Required Under Section 83 of the Representation of the People Act, 1951.

24 Aug 2010

The judgment pertains to four applications filed by returned candidates in election petitions challenging their election to the Lok Sabha from various...

High Court

Bombay High Court Allows Petition of Zilla Parishad Member Challenging Election Disqualification on Age Grounds. School Register Entry Not Conclusive Proof of Age Under Section 16 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.

10 Jun 2010

The petitioner, Sou. Manisha Sanjay Waskar, was a member of the Zilla Parishad, Kolhapur, elected from Panchgaon constituency. Respondent No.1, Anil @...

High Court

Bombay High Court Allows Amendment of Plaint in Property Dispute — Technical Defect of Verification Cured. Amendment sought for correcting property description and challenging subsequent notice is allowed as no prejudice caused to other side.

5 Jan 2010

The petitioner, original plaintiff, filed a suit for declaration that a notice dated 29th January 2008 issued by the first respondent (Commissioner of...

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