Search Results for "Double Jeopardy"

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High Court of Karnataka Quashes Proceedings in Culpable Homicide Case Due to Lack of Prima Facie Evidence. Court holds that mere presence at the scene does not constitute abetment or common intention under Section 304 read with 34 IPC.

The case involves two connected petitions: Criminal Petition No.9232/2016 filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeki...

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Supreme Court Allows LIC to Proceed with Dismissal of Convicted Employee Despite Pending Criminal Appeal. Suspension of Sentence Does Not Stay Conviction Under Regulation 39(4) of LIC (Staff) Regulations 1960.

The Supreme Court allowed the appeal filed by the Life Insurance Corporation of India (LIC) against the judgment of the Gujarat High Court Division Be...

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High Court of Karnataka Upholds Dismissal of Government Servant for Caste Certificate Fraud. Petitioner's claim of belonging to Koli (Kolidhoor) Scheduled Tribe was found false, leading to dismissal under Article 311(2) of the Constitution.

The petitioner, Yellappa S/o Hanmanthappa Kolakar, was a government servant who had been selected as a Clerk-cum-Typist under the Scheduled Tribe cate...

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Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

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High Court of Karnataka Quashes Criminal Proceedings in Parallel Litigation Case — Abuse of Process of Law. Filing of Two Parallel Proceedings in Respect of Same Transaction Before Two Different Forums Constitutes Abuse of Process of Law Under Section 482 Cr.P.C.

The petitioner, Mr. Hiremani Kallappa Melage, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of t...

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Bombay High Court Dismisses Appeal by Partnership Firm and Partner Against Penalty Under Customs Act — Double Jeopardy Plea Rejected. Penalty on firm and partner under Section 112 of Customs Act, 1962 is permissible as firm is a separate entity for penalty purposes.

The appeal arose from an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dated 12 February 2004, which reduced penalties impo...

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Bombay High Court Dismisses Application for Restoration of Contempt Petition - Contempt Proceedings Cannot Be Restored Once Dropped Due to Double Jeopardy Principle. The Court held that restoration would violate the principle of autrefois acquit under Section 12 of the Contempt of Courts Act, 1971.

The applicant, Shri Damodar Sadashiv Agre, filed a contempt petition (Contempt Petition No.29 of 2004) alleging non-compliance of an order passed by t...

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Bombay High Court Dismisses Prisoner's Petition Challenging Refusal of Furlough Leave Due to Prior Overstay of 344 Days. Refusal Based on Rule 4(10) of Prisons (Bombay Furlough and Parole) Rules, 1959 Does Not Amount to Double Punishment.

The petitioner, Kalyan Kisan Bhondve @ Bhosale, a prisoner, filed a Criminal Writ Petition before the Bombay High Court challenging the rejection of h...