Search Results for "inadmissible statements"

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Supreme Court Upholds Conviction Under Section 498A IPC Based on Dying Declaration — Dying Declaration Detailing Cruelty and Dowry Demand Held Admissible Under Section 32(1) of Evidence Act Even If Not Directly Related to Cause of Death

The appellant, Rajaram, was convicted under Section 498A of the Indian Penal Code (IPC) for cruelty towards his wife, Pushpa, who died from burn injur...

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Bombay High Court Allows Cross-Examination in Customs Show Cause Proceedings - Right to Cross-Examine Witnesses Whose Statements Are Relied Upon Is a Fundamental Principle of Natural Justice

The petitioner, Kalpena Industries Limited, a company incorporated under the Companies Act, 1956, engaged in manufacturing polyethylene/polypropylene ...

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Bombay High Court Dismisses Customs Appeal Against Acquittal in Gold Smuggling Case — Retracted Confession and Lack of Independent Witnesses Lead to Acquittal Confirmation. Section 108 Customs Act statement retracted on ground of coercion and not corroborated by independent evidence, hence not reliable.

The case involves an appeal by the Union of India against the acquittal of Narendra Ratanchand Jain (respondent no.1) for offences under the Customs A...

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Supreme Court Acquits Accused in TADA Case Due to Involuntary Confession and Lack of Corroboration. Confession recorded under Section 15 of TADA Act found not voluntary as guidelines in Kartar Singh were not followed, and confession of co-accused not admissible without joint trial.

The appellant, Raja @ Ayyappan, was convicted by the Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) for ...

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Bombay High Court Hears Criminal Appeal Against Rape Conviction Based on Statement Under Section 164 CrPC Without Prosecutrix Testimony. The Appeal Questions the Reliance on Unproved FIR and Inadmissible Statement to Sustain Conviction Under Section 376 IPC.

The High Court of Bombay at Goa heard a criminal appeal filed by Sajji Kumar against his conviction for rape under Section 376 of the Indian Penal Cod...

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Bombay High Court Acquits Appellant in Murder Case Due to Unreliable Extra-Judicial Confession. Conviction under Section 302 IPC set aside as confession to police officer is inadmissible and lacks corroboration.

The appellant, Brahmaji Maroti Dakhore, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of Navnath Kondiba Mahatre and s...

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Supreme Court Upholds Relevance of Age Statement in Will Under Evidence Act Sections 32(5)&(6) and Admissibility of Secondary Evidence. Legal Principles on Will Execution and Burden of Proof Clarified; Endorsement on Birth Register Held Inadmissible Without Examination of Its Writer.

The case concerned a Hindu male who executed a will three days before his death, bequeathing all his properties absolutely to his mother. In the will,...

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High Court of Bombay at Goa Allows Customs Appeals in Gold Smuggling Case Due to Lack of Evidence and Procedural Violations. Confiscation of Gold and Imposition of Penalties Set Aside for Failure to Prove Smuggling Beyond Reasonable Doubt.

The case involves five appeals filed by Ciabro Alemao (through legal representatives), Joaquim Alemao, Churchill Alemao, Anthony John Rodrigues, and S...