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Karnataka High Court Dismisses Bail Petitions and Refers Questions on POCSO Act to Division Bench. Single Judge observes conflicting views on Section 35 compliance and refers issues regarding default bail and evidence recording under Section 164 Cr.P.C., doubting Vinay v. State of Karnataka.

The case involved two criminal petitions filed before the Karnataka High Court by the accused, Hanumantha Mogaveera, seeking bail under Section 439 of...

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Madras High Court Adjudicates Trademark Opposition Over 'Big Bite' Mark in Class 30. Court Considers Application of Prior User Test and Relevance of Trans-Border Reputation Under Trademarks Act, 1999.

The appeals were filed under Section 91 of the Trademarks Act, 1999 against a common order dated 18.7.2014 by the Deputy Registrar of Trade Marks. The...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Holds That Payments Made to Authorized Representatives of Partnership Firm Are Valid Under Contract Act. Burden of Proof Shifts to Defendants When Plaintiff Proves Payment to Persons Held Out as Authorized in Brochure.

The case involves a second appeal filed by the original plaintiff, Mr. Sharad Prabhudas, against the judgment of the First Appellate Court which rever...

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High Court of Karnataka Acquits Accused in Corruption Case Due to Lack of Credible Evidence and Uncorroborated Trap Proceedings. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988.

The appellant, Mahalingappa, a retired Junior Engineer of KPTCL, was convicted by the Special Judge and Principal Sessions Judge, Bidar, in Special Ca...

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High Court Hears State Appeal Against Acquittal in Murder and Rioting Case; Revisional Power Under Section 401(3) CrPC Cannot Be Used to Convert Acquittal Into Conviction

This matter involves a state appeal under Section 378 of the Code of Criminal Procedure, 1973 and a revision application under Section 397 CrPC filed ...

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High Court of Judicature at Bombay Dismisses Appeal of Convicted Accused in Murder Case — Common Intention Established. Evidence of Overt Acts Proved: Accused Used Chopper and Sword, Resulting in Death and Grievous Injury, Conviction Under Sections 302 and 307 IPC Upheld.

The High Court of Judicature at Bombay, Bench at Aurangabad, heard two criminal appeals against the conviction of three appellants for murder and atte...

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Bombay High Court Upholds Conviction for Murder and Attempt to Murder in Gang-Related Assault Case. Court Confirms Life Imprisonment Under Section 302 IPC for Fatal Stabbing and 10 Years Under Section 307 IPC for Injuring Victim, Based on Credible Eyewitness Testimony and Medical Evidence.

The case arises from an incident on 22nd March 2011, where the deceased Suraj @ Balu Shabbir Magdum and injured Rohan Sakate (PW-3) were assaulted by ...

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Bombay High Court Dismisses Appeals by NGOs Challenging Revocation of Allotment of Gymnasium Centres by MCGM — No Right to Continue in Possession After Expiry of Licence Period

The Appellants, two NGOs, were allotted Gymnasium Centres by the Municipal Corporation of Greater Mumbai (MCGM) on caretaker basis for fixed periods. ...