Search Results for "Reappreciation of Evidence"

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High Court of Karnataka Allows Appeal of Trainee Conductor in KSRTC Dispute — Labour Court Award Restored. Termination of Trainee Conductor Without Enquiry Held Illegal as Trainee is a 'Workman' Under Industrial Disputes Act, 1947.

The appellant, Hanumanth Ramanna Bajantri, was appointed as a job trainee conductor by the North West Karnataka Road Transport Corporation (the Corpor...

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Bombay High Court Allows Appeal Against Setting Aside of Arbitral Award in Construction Contract Dispute. The court restored the arbitral award holding that the Single Judge exceeded jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996 by reappreciating evidence.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court setting aside an arbitral award dated 16 January 2009 under Sectio...

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Bombay High Court Allows Appeals Under Section 37 of Arbitration Act, Restoring Arbitral Award in Shareholder Dispute. Court Holds That Single Judge Exceeded Jurisdiction Under Section 34 by Reappreciating Evidence and Substituting His Own View.

The case involves two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by M/s. Goldstar Metal Solutions Pvt. Ltd. and M/s...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Eye Witnesses. Acquittal of 16 Accused Under Sections 147, 148, 149, 302 IPC Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The State of Maharashtra filed an appeal against the judgment dated 21-2-1997 of the Additional Sessions Judge, Raigad-Alibag in Sessions Case No. 64 ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case Due to Lack of Evidence. Prosecution Failed to Prove Cruelty and Murder Beyond Reasonable Doubt Under Sections 498A and 302 IPC.

The State of Maharashtra appealed against the judgment and order of acquittal passed by the learned Additional Sessions Judge, Nashik in Sessions Case...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Witnesses and Doubtful Investigation. Acquittal of Accused for Homicidal Death of Shamrao Dalvi Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The State of Maharashtra appealed against the judgment and order of acquittal passed by the learned II Additional Sessions Judge, Kolhapur in Sessions...

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Bombay High Court Dismisses State Appeal in Land Dispute Assault Case — Acquittal of Accused Upheld Due to Lack of Proof Beyond Reasonable Doubt. Enmity and Inconsistent Testimony Led to Benefit of Doubt Under Sections 147, 148, 149, 307, 323, 324, 326, 504, 506 of Indian Penal Code, 1860.

The State of Maharashtra appealed against the judgment dated 27-12-1995 of the IInd Additional Sessions Judge, Raigad-Alibag in Sessions Case No. 159 ...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court's Declaration of Perverse Findings in Disciplinary Enquiry. Labour Court's Power to Reappreciate Evidence Under Section 11A of Industrial Disputes Act, 1947 Upheld Where Enquiry Findings Are Not Supported by Evidence.

The petitioner, Tata Infomedia Limited (formerly Tata Press Limited), challenged an order of the Labour Court at Mumbai dated 23rd October 2001. The L...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations. Conviction under Section 302 read with Section 34 IPC set aside as contradictory dying declarations recorded by police created doubt.

The case involves two appeals against a conviction under Section 302 read with Section 34 IPC for the murder of Meena, wife of appellant Sanjay. The p...