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Bombay High Court Dismisses Petition Challenging Transfer Order in ONGC — No Violation of Service Rules Found. Transfer order issued on administrative grounds upheld as petitioner failed to establish mala fides or breach of transfer policy.

The petitioner, Rajinder Paul Bharadwaj, was working as Manager (MM) in the Oil and Natural Gas Corporation Ltd. (ONGC) at Mumbai. He was transferred ...

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Supreme Court Allows Appeal in Murder Case Due to Fatal Non-Compliance with Section 313 Cr.PC — Failure to Put Incriminating Circumstances to Accused Vitiated Trial. Conviction under Section 302 IPC with Section 34 IPC Set Aside as Prejudicial Omission Caused Miscarriage of Justice.

The Supreme Court allowed the appeal of Naresh Kumar, a life convict, challenging his conviction under Section 302 IPC read with Section 34 IPC for th...

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Supreme Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 and Reliance on Inadmissible Section 67 Statements. Conviction for Possession of Heroin Set Aside as Mandatory Safeguards Were Not Followed and Confessional Statements Were Inadmissible Under Tofan Singh.

The Supreme Court allowed the appeals of Anwarkhan Jahilkhan Pathan and Firdoskhan Khurshidkhan Pathan against their conviction under the Narcotic Dru...

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High Court of Karnataka Allows Revision Petition in Negotiable Instruments Act Case — Conviction Set Aside Due to Non-Examination of Complainant. Failure to examine complainant under Section 200 CrPC renders complaint not maintainable and conviction unsustainable.

The petitioner, Sri B G Uday, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, chal...

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High Court of Karnataka Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Inform Right to be Searched Before Gazetted Officer or Magistrate Renders Conviction Unsustainable.

The petitioner, Ramanna S/o Tirkappa Yerimani, was convicted by the Civil Judge and JMFC, Savanur in C.C. No. 04/2013 for offences under the Narcotic ...

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Bombay High Court Upholds Acquittal in Culpable Homicide Case Due to Lack of Intent and Inconsistent Evidence. Push by Knee Causing Fall on Stony Steps Not Sufficient to Attract Section 304 Part II IPC as No Intention to Cause Death or Knowledge of Likely Death Established.

The case arises from a criminal revision application filed by the original complainant, Sagarbai Bansode, challenging the acquittal of the accused, Ke...

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Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Lack of Proximity and Non-Application of Mind. Detention orders set aside as the detenus were not directly involved in smuggling and the detaining authority failed to consider less drastic alternatives.

The Bombay High Court, by a judgment dated 24 January 2014, allowed two criminal writ petitions challenging preventive detention orders passed under S...

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Bombay High Court Upholds Conviction for Culpable Homicide Not Amounting to Murder in Family Dispute Over Water Rights. Appellant convicted under Section 304 Part-II IPC for causing death of niece by two stick blows on head during quarrel.

The appellant, Shaikh Chand, was convicted by the IInd Additional Sessions Judge, Aurangabad in Sessions Case No. 114 of 1996 for the offence punishab...