Search Results for "witness incapacity"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
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High Court of Bombay Quashes Deputy Registrar's Directives in Co-operative Socie...

Search Results for "witness incapacity"

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High Court

High Court of Bombay at Goa Reduces Sentence of Appellant in Child Assault Case Under Goa Children's Act, 2003 and IPC Section 323. The court held that the sentence of one year imprisonment and fine of Rs. 1,00,000 under Section 8(2) of the Goa Children's Act, 2003 was disproportionate and reduced it to the period already undergone with a reduced fine of Rs. 25,000.

11 Nov 2025

The appellant, Dinesh Gawas, was convicted by the Children's Court for the State of Goa at Panaji in Special Case No. 113/2015 for offences under Sect...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 Must Be Pleaded and Proved; Absence of Pleading and Evidence of Financial Capacity Leads to Dismissal of Suit.

6 Jul 2023

The appellant (defendant) appealed against the judgment and decree dated 27/03/2017 passed by the Senior Civil Judge and Principal J.M.F.C., K.G.F. in...

Supreme Court

Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

12 Jan 2023

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

High Court

Bombay High Court Dismisses Petition Challenging Order Rejecting Application Under Order VII Rule 11 CPC in Suit for Declaration and Injunction — Petitioner Failed to Show That Plaint Did Not Disclose Cause of Action. The Court held that the plaint disclosed a cause of action as the plaintiff claimed to be a partner of the defendant No.2 firm and sought declaration of his share and injunction against his mother from interfering with the partnership business.

12 Apr 2018

The petitioner, Mrs. Gulshan Rohington Irani, who was the original defendant No.3 in a suit filed by her son Rayomand Rohinton Irani (respondent No.1)...

High Court

Bombay High Court Acquits Accused in PoCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction for Aggravated Penetrative Sexual Assault Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

11 Jan 2018

The appellant, Rahul Dagadu Sirsat, was convicted by the Special Judge, Akot, under the Protection of Children from Sexual Offences Act, 2012 (PoCSO A...

High Court

Bombay High Court Allows Withdrawal of Affidavit in Lieu of Examination-in-Chief Before Cross-Examination — Affidavit Not Part of Record Until Verification. Typographical Error in Affidavit Does Not Bar Withdrawal Under Order 18 Rule 4 CPC as Affidavit Becomes Evidence Only After Deponent Enters Witness Box.

19 Jul 2017

The petitioner, Digambar Ramchandra Bawaskar, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging an order dated 5.12.20...

High Court

Bombay High Court Remands Case for Proper Inquiry Under Chapter XXV CrPC Regarding Unsoundness of Mind of Accused in Murder Trial. Trial Court Failed to Conduct Proper Inquiry as Per Sections 328, 329, 330 CrPC Before Rejecting Plea of Insanity.

22 Apr 2016

The applicant, Firoza Fazal Shaikh, was an under-trial prisoner in Sessions Case No.300 of 2013 arising from Crime No.I34 of 2013 for offences punisha...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Favour of Petitioner in Iron Ore Fines Sale Dispute. Rejects Respondent's Challenge Based on Public Policy and Natural Justice Under Sections 44-49 of Arbitration & Conciliation Act, 1996.

12 Aug 2015

The petitioner, Noble Resources Ltd., a Hong Kong company, entered into a contract on 9 May 2008 with the respondent, Twenty First Century Wire Roads ...

High Court

Bombay High Court Acquits Police Constable in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988.

9 Dec 2011

The appellant, a police constable, was convicted by the Special Judge, Kolhapur, for demanding and accepting a bribe of Rs. 5,000 from Bipin Yeshwant ...

High Court

Bombay High Court Dismisses Appeal of Workman in Industrial Dispute — Termination Due to Continued Ill Health Not Retrenchment. Termination on ground of continued ill health falls within exception to retrenchment under Section 2(oo) of Industrial Disputes Act, 1947, and compliance with Section 25F is not required.

21 Jun 2005

The appellant, Ramaswamy Murugesh, was employed as a Fitter in the Assembling Department of M/s. Consolidated Pneumatic Tools Co. India Ltd. (the empl...

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