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Bombay High Court Dismisses Petition Challenging Issuance of Witness Summons Under Order XVI Rule 1(3) CPC. Procedural Non-Compliance Does Not Bar Court's Discretion to Summon Witnesses in the Interest of Justice.

The petitioner, Dinesh Singh Bhim Singh, the defendant in a civil suit, challenged an order dated 26 August 2022 passed by the Civil Judge Senior Divi...

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High Court of Karnataka Acquits Accused in Rash Driving Case Due to Lack of Evidence of Negligence. Conviction Under Section 304-A IPC Set Aside as Prosecution Failed to Prove That the Accident Was Caused by the Accused's Rash or Negligent Driving.

The case pertains to a criminal revision petition filed by the accused, K.M. Appachu, challenging his conviction under Sections 279 and 304-A of the I...

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Bombay High Court Dismisses Petition Challenging Rejection of Section 311 CrPC Application in Criminal Appeal — Power Under Section 311 CrPC Cannot Be Invoked After Conclusion of Trial

The petitioner, Mahesh Ahirrao, along with respondents 2 and 3, faced trial for offences under Sections 420, 465, 468, 471 read with 34 of the Indian ...

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Bombay High Court Upholds Trial Court's Order Allowing Oral Evidence in Temporary Injunction Proceedings Under Order 39 Rule 1 CPC. The Court has inherent jurisdiction to permit oral evidence for just and effective adjudication of interim injunction applications.

The petitioner, Babulal Onkardas Kabra, was the original defendant in a suit filed by the respondents, Nilesh, Shailesh, and Rakesh Pukhraj Rathod, in...

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Bombay High Court Allows Accused's Applications for Recall of Prosecution Witnesses and Summoning of Defence Witnesses in Sessions Trial. Trial Court's Rejection Set Aside for Just Decision Under Sections 311, 233, 243, 309 of Code of Criminal Procedure, 1973.

The applicants, Rajdeep and Sandeep Gedam, were accused in Sessions Trial No.198/2011 pending before the Additional Sessions Judge-9, Nagpur. They fil...

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Bombay High Court Quashes Summons Under Section 319 CrPC Against Proposed Accused in Sessions Case — Discharge Under Section 169 CrPC Requires Inquiry Under Section 300(5) r/w Section 398 CrPC Before Invoking Section 319 CrPC.

The applicants, seven individuals, were originally named in a First Information Report but were discharged under Section 169 of the Code of Criminal P...

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Bombay High Court Dismisses Appeals by Wife and Co-Respondent, Upholds Divorce Decree on Grounds of Adultery, Desertion, and Cruelty Under Hindu Marriage Act, 1955. Wife's Voluntary Sexual Intercourse with Co-Respondent and Desertion Established by Preponderance of Probabilities.

The case involves two family court appeals arising from a divorce petition filed by Sushil (husband) against Sangeeta (wife) under Section 13(1)(i), (...