Search Results for "First Appellate Court Reversal"

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The two writ petitions filed by Reliance Jio Infocomm Ltd challenged the vires of Rule 39(1)(a) of the Central Goods and Services Tax Rules, 2017 and ...

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Gujarat High Court Upholds Acquittal in Murder Case Due to Inconsistent Dying Declarations. State fails to prove guilt beyond reasonable doubt as dying declarations contain contradictions and are not corroborated by medical evidence.

The State of Gujarat appealed against the acquittal of Jagdish @ Jago Narsinhbhai Shrimali for the murder of Sarlaben. The deceased and accused were i...

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Supreme Court Dismisses State Appeal Against Acquittal in Murder Case Based on Circumstantial Evidence. Last Seen Theory Alone Held Insufficient to Sustain Conviction Under Section 302 IPC.

The State of Punjab appealed against the judgment of the High Court of Punjab & Haryana dated 01.05.2012 in Criminal Appeal No. 372 of 2002, which set...

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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.

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...

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High Court of Karnataka Dismisses State Appeal Against Acquittal in POCSO Case — Prosecution Fails to Prove Guilt Beyond Reasonable Doubt. Acquittal of Accused for Offences Under Sections 363, 376, 506 IPC and Sections 4, 12 of POCSO Act Upheld Due to Inconsistent Testimony and Lack of Corroboration.

The State of Karnataka, through Bharamasagara Police Station, filed an appeal under Section 378(1) and (3) Cr.P.C. against the judgment of acquittal d...

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Supreme Court Allows Appeals in Specific Performance Case — Agreement to Sell Void Under Section 61 of Karnataka Land Reforms Act, 1961. Agreement executed during non-alienation period is void ab initio and not enforceable even after the restriction period ends.

The Supreme Court allowed the appeals filed by the defendants (appellants) against the judgment of the Karnataka High Court which had upheld the decre...

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High Court Allows Second Appeal in Land Encroachment Case — Appellate Court's Reversal Set Aside for Ignoring Material Evidence. Findings of Appellate Court vitiated for overlooking trial court's consideration of government measurement report and boundary marks.

The appellant, Sau. Rukhmabai, filed a second appeal against the judgment of the Appellate Court which reversed the trial court's decree in her favor....