Search Results for "Section 74(1)"

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations and Lack of Corroboration. Conviction under Section 302 IPC set aside as dying declarations recorded by Executive Magistrate and police contained material contradictions and were not corroborated by other evidence.

The appellant, Piraji Madhav Kumbhargave, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Komal, by setting her o...

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Supreme Court Allows Appeal in SC/ST Act Case by Setting Aside High Court's Remand Order and Upholding Cognizance. Cognizance Order Under Section 204 CrPC Does Not Require Detailed Reasons as Magistrate Applied Mind to Case Diary and Record, Making Remand Unnecessary.

The appeal arose from a criminal case involving allegations under the Indian Penal Code, 1860 and the Scheduled Castes and the Scheduled Tribes (Preve...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations and Unreliable Child Witness. Conviction under Section 302 IPC set aside as dying declarations were contradictory and daughter's testimony was tutored.

The appellant, Bapu Bajarang Patil, was convicted by the Additional Sessions Judge, Dhule for the murder of his wife Ratnabai under Section 302 IPC an...

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Bombay High Court Quashes Criminal Proceedings in Dowry Harassment Case Due to Lack of Territorial Jurisdiction. Alleged Offences Under Sections 498A, 406, 323, 504, 506 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 Occurred Outside India, Not Triable in Indian Courts Without Sanction.

The petitioners, Arpan Amarish Parikh, his sister Amisha Chirag Desai, and his parents Mira and Amarish Parikh, filed a criminal writ petition under A...

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Bombay High Court Quashes FIR in SC/ST Act Case Due to Lack of Public View Element. Alleged Caste-Based Insult in Private Setting Does Not Attract Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The applicants, Tukaram s/o Bhagwan Sawant and Saraswati w/o Tukaram Sawant, filed a criminal application under Section 482 of the Code of Criminal Pr...

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Bombay High Court Quashes Trial Court Order Rejecting Discharge of Accused In-Laws in Dowry Harassment Case. Vague Allegations Without Specific Incriminating Material Deemed Insufficient to Proceed to Trial, Resulting in Discharge of Relatives of Husband in Matrimonial Offence Case.

The petitioners, being the father-in-law, mother-in-law, and one brother-in-law of the complainant, challenged the order of the Additional Sessions Ju...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Service of notice under Section 138 of Negotiable Instruments Act, 1881 must be proved by cogent evidence; mere endorsement of 'refused' on returned envelope is insufficient.

The applicants, Madan Shankar Bhivsane and others, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking qua...

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Bombay High Court Quashes Criminal Proceedings in Matrimonial Dispute Due to Settlement — Proceedings under Section 498A IPC and Dowry Prohibition Act Quashed as Complainant and Accused Resolved Differences and Complainant Residing with Husband.

The applicants, Rameshwar s/o Nivrutti Bingole and three others, filed a criminal application under Section 482 of the Code of Criminal Procedure, 197...