Search Results for "Section 37(2)"

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Search Results for "Section 37(2)"

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High Court

High Court of Karnataka Allows Appeal for Succession Certificate to Second Wife and Children Under Indian Succession Act, 1925 — Second Marriage Valid as First Wife Consented Due to Infertility.

26 Jun 2025

The appellants, Smt. Uma (second wife) and her two daughters, filed an appeal under Section 384 of the Indian Succession Act, 1925, challenging the or...

Supreme Court

Supreme Court Allows Victim's Appeal Against Acquittal Without Leave Requirement Under Section 372 CrPC. The Court held that the victim's right to appeal under the proviso to Section 372 CrPC is independent and does not require leave, distinguishing it from the State's appeal under Section 378 CrPC.

5 Jul 2019

The Supreme Court considered an appeal by Naval Kishore Mishra, the brother of a deceased victim, against the High Court's dismissal of his appeal cha...

High Court

Bombay High Court Allows Victim's Revision Against Dismissal of Appeal in Sexual Harassment Case — Right of Victim to Appeal Acquittal Under Section 372 Cr.P.C. Recognized. The High Court held that the proviso to Section 372 Cr.P.C. confers a right on the victim to appeal against an order of acquittal passed by a Judicial Magistrate First Class before the Sessions Court, and the Sessions Judge erred in dismissing the appeal as not maintainable.

23 Apr 2019

The case involves a criminal revision application filed by Ku. Ragini d/o Rajesh Chourasia, the victim of offences punishable under Sections 354A, 354...

High Court

Bombay High Court Clarifies Scope of Hearing at Admission Stage of Victim's Appeal Under Proviso to Section 372 Cr.P.C. — No Leave Required, Summary Dismissal Permissible After Hearing. The court held that the appeal by a victim against acquittal is a matter of right and the procedure under Section 384 Cr.P.C. applies, allowing summary dismissal after hearing.

1 Feb 2019

The Bombay High Court addressed the scope of hearing at the admission stage of an appeal filed by a victim under the proviso to Section 372 of the Cod...

High Court

Bombay High Court Clarifies Scope of Hearing at Admission Stage of Victim's Appeal Under Proviso to Section 372 Cr.P.C. — No Leave Required, Summary Dismissal Permissible After Hearing. The court held that the hearing at admission stage is not a full-fledged hearing but an opportunity to show sufficient ground for interference under Section 384 Cr.P.C.

1 Feb 2019

The Bombay High Court addressed the scope of hearing at the admission stage of an appeal filed by a victim under the proviso to Section 372 of the Cod...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Attempt to Murder Case — Inconsistencies in Evidence and Failure to Prove Common Intention Lead to Acquittal Confirmation. The court held that the prosecution failed to establish the common intention of all accused under Section 34 IPC and that the medical evidence contradicted the ocular testimony regarding the number of injuries.

29 Aug 2017

The State of Maharashtra appealed against the judgment of the Ad hoc Assistant Sessions Judge, Achalpur, in Sessions Trial No.45 of 1997, which acquit...

High Court

Bombay High Court Dismisses State Appeal in Food Adulteration Case Due to Non-Compliance with Sampling Rules. Acquittal of Vendor for Selling Adulterated Groundnut Oil Upheld as Sample Not Representative and Rules 14 and 16 of Prevention of Food Adulteration Rules, 1955 Not Followed.

24 Aug 2017

The State of Maharashtra appealed against the judgment and order of the Judicial Magistrate First Class, Bramhapuri, in Regular Criminal Case No.68 of...

High Court

Bombay High Court Dismisses Revision Against Conversion of Conviction from Section 325 to Section 323 IPC — Procedural Amendment Not Retrospective to Affect Accused's Vested Right of Appeal. The court held that the proviso to Section 372 CrPC inserted in 2009 is prospective and does not apply to judgments delivered before its commencement, thus the revision could not be converted into an appeal.

25 Oct 2012

The petitioner, Nandabai, was the original complainant in a criminal case against the respondent-accused, Maruti Gopala Mehetre, for causing hurt. The...

High Court

Bombay High Court Dismisses Application Challenging Maintainability of Appeal Against Acquittal Under Section 138 NI Act. Complainant's Appeal Under Proviso to Section 372 CrPC Does Not Require Leave Under Section 378 CrPC.

21 Jun 2012

The applicant, Madhav Shriramji Khadse, was the original accused in Summary Criminal Complaint No. 1288/2008 under Section 138 of the Negotiable Instr...

High Court

Bombay High Court Dismisses Leave to Appeal in Negotiable Instruments Act Case — Maintainability of Appeal by Complainant as Victim Under Section 372 CrPC. Forum for appeal against acquittal in a complaint case under Section 138 of the Negotiable Instruments Act, 1881 is the Sessions Court, not the High Court, by virtue of the proviso to Section 372 read with Section 2(wa) of the Code of Criminal Procedure, 1973.

16 Jun 2011

The applicant, M/s. Top Notch Infotronix (I) Pvt. Ltd., filed an application under Section 378(4) of the Code of Criminal Procedure, 1973 (CrPC) seeki...

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