Search Results for "Police Discretion"

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Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in Jharkhand Police Case. Division Bench Erred in Reappreciating Evidence in Departmental Enquiry Where Charges of Fraud and Unauthorised Absence Were Proved on Preponderance of Probabilities.

The present appeal arises from a judgment of the Division Bench of the High Court of Jharkhand at Ranchi, which allowed the Letters Patent Appeal file...

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Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

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Supreme Court Upholds Division Bench Order in AIADMK Internal Dispute — Interim Injunction Denied for Party Meetings. Court holds that temporary injunction in political party affairs requires strict compliance with CPC principles and balance of convenience.

The Supreme Court disposed of a batch of appeals arising from interim orders in civil suits concerning the internal management of the All India Anna D...

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Supreme Court Upholds Acquittal in Murder Case Due to Lack of Evidence and Unreliable Witnesses. Conviction under Section 302/34 IPC and Section 120B IPC Set Aside as Prosecution Failed to Prove Conspiracy and Involvement of Accused Beyond Reasonable Doubt.

The case pertains to the murder of two individuals, Raja Mohammed (D1) and Raj Mohammed (D2), on the night of 28 December 1990 near Sarayananthal, Pap...

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Bombay High Court Dismisses Petition for CBI Investigation into Death of Finnish Tourist. Court upholds police conclusion of accidental death, finding no credible evidence of homicide or failure of investigation.

The petitioner, Minna Pirhonen, a Finnish national and mother of Felix Dahl, filed a criminal writ petition seeking transfer of the investigation into...

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Bombay High Court Modifies Conviction from Section 376(2)(f) to Section 376(1) IPC in Rape of Minor Case — Sentence Reduced to Period Already Served. Victim's Age Above 12 Years Makes Section 376(2)(f) Inapplicable, Minimum Sentence Provision Not Attracted.

The appellant, Shahanawaj Shamsuddin Bhadgaonkar, was convicted by the Adhoc District Judge-2 and Additional Sessions Judge, Kalyan, in Sessions Case ...

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Bombay High Court Dismisses Compensation Claim for Alleged Illegal Detention by Police Officers. False Case Under Bombay Police Act Resulted in Discharge, but Court Found No Malafide Intent or Violation of Fundamental Rights.

The petitioner, Miss Veena Sippy, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, alleging...