Search Results for "section 378 CrPC"

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Search Results for "section 378 CrPC"

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High Court

High Court of Karnataka Dismisses State Appeal Against Acquittal in SC/ST Atrocities Case — Prosecution Fails to Prove Caste-Based Insult and Assault Beyond Reasonable Doubt. The Court upheld the trial court's finding that the essential ingredients of Section 3(1)(x) of SC/ST Act were not made out as the alleged insult was not in public view and the assault was not corroborated by medical evidence.

21 Nov 2022

The State of Karnataka, through Holalkere Police Station, filed an appeal under Section 378(1) & (3) of the Code of Criminal Procedure, 1973, challeng...

Supreme Court

Supreme Court Restores Acquittal in Police Murder Case: High Court's Reversal Set Aside Due to Lack of Proper Scrutiny of Evidence. The court held that the dying declaration was unreliable and the chance witnesses' testimony was contradictory, failing to prove guilt beyond reasonable doubt.

13 Dec 2021

The case involves two accused, Mohan @ Srinivas @ Seena @ Tailor Seena and another, who were acquitted by the Sessions Court for the murder of a polic...

Supreme Court

Supreme Court Dismisses Appeals in Murder Case Due to Unreliable Evidence and Procedural Issues. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Section 302 Indian Penal Code, 1860, Amid Pathway Dispute and Inconsistent Eyewitness Testimony.

22 Nov 2021

The Supreme Court of India dealt with multiple criminal appeals arising from a common occurrence involving a pathway dispute between the prime accused...

Supreme Court

Supreme Court Allows Appeal Against Quashing of Criminal Proceedings in Abetment of Suicide Case — High Court Erred in Appreciating Section 161 CrPC Statements at Quashing Stage. Prima Facie Case Under Section 306/34 IPC Made Out Based on Allegations of Harassment and Threat Leading to Suicide.

11 Feb 2020

The Supreme Court allowed an appeal against the High Court of Madhya Pradesh's order quashing criminal proceedings against Respondent Nos.1 to 3 under...

Supreme Court

Supreme Court Quashes Criminal Complaint for Theft of Documents in Corporate Dispute — Internal Audit Reports and Confidential Documents Not 'Stolen' as They Were Obtained Through Legal Proceedings. The Court held that the ingredients of theft under Section 379 IPC are not satisfied when documents are obtained through legal proceedings and used in bona fide litigation, and continuation of criminal proceedings would be an abuse of process.

15 May 2019

The appeals arise from a criminal complaint filed by Birla Corporation Limited (the appellant) against Adventz Investments and Holdings Limited and ot...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Family Members in Dowry Harassment Case Due to Vague Allegations and Lack of Territorial Jurisdiction. The Court held that the complaint under Section 498A IPC and Dowry Prohibition Act was an abuse of process as the allegations were general and the incident alleged to create jurisdiction was not corroborated.

1 Apr 2019

The Supreme Court allowed the appeals filed by Rashmi Chopra and others against the judgment of the Allahabad High Court dated 08.08.2018, which had d...

High Court

Bombay High Court Allows Victim's Appeal Against Acquittal in Murder Case — Reverses Acquittal Under Section 302 IPC Based on Dying Declarations. Multiple Consistent Dying Declarations by Deceased Naming Accused as Perpetrator Held Sufficient for Conviction Despite Property Dispute Motive.

5 May 2015

The case involves a criminal appeal filed by Amit Mishra, the son of the deceased Nirmalabai, against the acquittal of the accused Jagadambaprasad Mis...

High Court

Bombay High Court Allows Revision Application of Accused in Negotiable Instruments Act Case — Complainant's Appeal Under Section 372 Proviso Not Maintainable. Complainant Already Had Right to Appeal Under Section 378(4) CrPC, So Sessions Court Proceedings Were Nullity.

9 Dec 2013

The applicant, Ganesh Bandu Badgujar, was the original accused in a complaint filed by respondent no.1, Mangalabai Ashokbhai Patel, alleging an offenc...

High Court

Bombay High Court Allows Conversion of Revision into Appeal Against Acquittal by Sessions Court in Complaint Case — Section 378(4) CrPC Includes Appellate Acquittal. The court held that a complainant can appeal against an appellate acquittal under Section 378(4) CrPC, and the revision application was permitted to be converted into an appeal.

4 Feb 2013

The applicant, Sau. Geeta Bapurao Kapse, was the original complainant in Criminal (Summary) Complaint Case No.232 of 2009 before the Judicial Magistra...

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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