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High Court of Gujarat Allows Second Appeal in Canal Collapse Damage Case — Negligence of Irrigation Department Established Despite Financial Constraints. Panchnama Prepared by Talati-cum-Mantri Held Admissible as Evidence Under Section 100 CPC.

The appellant, Patel Govindbhai Vasharambhai, filed a suit for damages of Rs.55,000 with 18% interest against the District Panchayat Surendranagar and...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Trap Witnesses and Lack of Sanction. Decoy Trap Found Vitiated as Panch Witnesses Were Police Employees and Sanction for Prosecution Was Not Obtained Under Section 19 of Prevention of Corruption Act, 1988.

The State of Gujarat filed an appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated...

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Gujarat High Court Acquits Accused in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

The appellant, Yadav Rajbahadur Ghyansingh, was convicted by the Special Judge, Mehsana, for offences under Sections 7, 13(1)(d) read with Section 13(...

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Gujarat High Court Acquits Sales Tax Officer in Corruption Case Due to Unreliable Trap Witnesses and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.

The appellant, Manilal Bhikhabhai Makwana, was a Sales Tax Officer in Ahmedabad. The complainant, Himanshu Jayantibhai Patel, was a honey trader. The ...

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Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Section 50 and Lack of Independent Witnesses. Conviction under Section 20 read with Section 29 of NDPS Act set aside as search and seizure conducted without proper procedure and evidence of conscious possession was insufficient.

The appellants, Baldeosingh s/o Jagannathsingh Sengar and Ishwarsingh s/o Dakursingh Gaur, were convicted by the Special Court under NDPS Act, Nagpur ...

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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness. Conviction under Section 5(1)(d) read with 5(2) of Prevention of Corruption Act, 1988 and Section 161 IPC set aside as sole trap witness was interested and testimony uncorroborated.

The appellant, Shridhar Ramkrushna Fale, was convicted by the Additional Sessions Judge, Akola, for offences under Section 5(1)(d) read with Section 5...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Sanction and Inconsistent Evidence. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Eknath s/o Laxman Gaikwad, was a Lineman (Assistant Lineman) employed at the Fuse Call Centre of Maharashtra State Electricity Board (M...

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Bombay High Court Acquits Appellants in Corruption Case Due to Lack of Proof of Demand and Acceptance. Conviction under Prevention of Corruption Act, 1988 set aside as prosecution failed to establish essential ingredients.

The case involves two appeals against the judgment of the Special Court, Khamgaon, convicting the appellants under Sections 7, 13(1)(d) read with Sect...

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Bombay High Court Dismisses State Appeal Against Acquittal in Impersonation and Forgery Case — Prosecution Failed to Prove Identity of Complainant. Acquittal of Accused Under Sections 419, 420, 467, 468, 471 IPC Upheld Due to Lack of Evidence.

The State of Maharashtra appealed against the judgment and order dated 11.03.1998 passed by the Additional Sessions Judge, Parbhani in Criminal Appeal...