Search Results for "material procedural irregularity"

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Testimony and Lack of Corroboration. Conviction under Sections 8, 10, 12 of POCSO Act and Section 506 IPC set aside as victim's evidence was unreliable and medical evidence did not support sexual assault.

The appellant, Pravin Narayan Khole, was convicted by the Additional Sessions Judge, Pusad in Special (Child) Case No.9/2014 for offences under Sectio...

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High Court of Karnataka Upholds Compensation in Workmen's Compensation Case — Insurance Company Liable for Death of Employee in Motor Vehicle Accident. Employer-Employee Relationship Established Through Consistent Employment and Wages, Making Employer Liable Under Workmen's Compensation Act, 1923.

The appeal was filed by the Insurance Company challenging the judgment and award dated 23.01.2017 passed by the II Additional Senior Civil Judge and M...

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Bombay High Court Allows Husband's Appeal in Divorce Case Due to Procedural Irregularities. Family Court Decree Set Aside for Failure to Frame Issues and Denial of Opportunity to Lead Evidence.

The appellant-husband challenged the judgment and decree dated 24th April 2015 passed by the Family Court at Bandra, Mumbai in Petition No. A-869 of 2...

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Bombay High Court Dismisses Transfer Application and Upholds Setting Aside of Abatement in Tenancy Suit. Allegations of bias against trial judge not substantiated; condonation of delay in bringing legal representatives justified to avoid multiplicity of litigation.

The applicants, Ezu Joseph Fernandes and others, filed a miscellaneous civil application before the Bombay High Court challenging two orders: (1) the ...

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High Court of Karnataka Dismisses State's Revision in Excise Act Case — Confiscation of Vehicle Set Aside for Lack of Notice to Owner. Appellate Court's Order Upheld as Principles of Natural Justice Require Notice Before Confiscation Under Karnataka Excise Act, 1965.

The State of Karnataka filed a revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challenging the judg...

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High Court of Karnataka Dismisses Second Appeal in Declaration and Possession Suit — Substantial Question of Law Not Pressed. Amendment to plaint seeking both declaration and recovery of possession renders the framed question of law infructuous.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant against the judgment and decree dated...

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Karnataka High Court Upholds Conviction of Accused for Defamation Under Section 500 IPC — Publication of Defamatory Article in Newspaper Constitutes Offence. Court Holds That Truth and Public Good Are Defences Under Exception 1 to Section 499 IPC, But Burden of Proof Lies on Accused.

The case arises from a private complaint filed by B.A. Harish Gowda, a government officer, against Ravindra Reshme and others, who were journalists an...