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Gujarat High Court Upholds Conviction of Accused in Factional Riot Murder Case — Acquittals Set Aside. Common Intention Under Section 149 IPC Applied to Convict All Members of Unlawful Assembly for Murder and Attempt to Murder.

The case arises from a violent incident on 13.06.2014 at Nava Borbhatha, Ankleshwar, where a group of accused persons, armed with deadly weapons, atta...

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Supreme Court Quashes POCSO Proceedings Against Husband and In-Laws in Matrimonial Dispute — Allegations Found to be Exaggerated and Vindictive. Court Held That Continuing Criminal Proceedings Would Amount to Abuse of Process of Law Under Section 528 BNSS.

The present criminal appeal arose from an order of the Allahabad High Court refusing to quash criminal proceedings against the appellants, who are the...

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Supreme Court Allows Appeal in NI Act Case Due to Moratorium Under IBC — Cause of Action Arose After Insolvency Commencement. Director of Corporate Debtor Cannot Be Prosecuted Under Section 138 NI Act When Cause of Action Arose After Moratorium Under Section 14 IBC.

The Supreme Court allowed the appeal filed by a director of a corporate debtor against the order of the Punjab and Haryana High Court dismissing his p...

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Supreme Court Allows Informant's Appeal and Restores Conviction in Murder Case — High Court's Remand Order Set Aside. Defence Admission of Documents Under Section 294 CrPC Cannot Be Ground for Retrial.

The case arises from an FIR lodged on 22.04.1998 by Shyam Narayan Ram (the appellant-informant) alleging that four accused persons murdered his parent...

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Supreme Court Allows Recall of Witness in Criminal Trial for Further Examination — Right to Fair Trial Includes Opportunity to Re-examine Witness on New Evidence. The Court held that rejection of recall prayer after CFSL report became available was a denial of fair trial under Section 311 CrPC.

The appellant, Satbir Singh, filed a criminal appeal against the order of the High Court of Punjab & Haryana dated 14.12.2021, which rejected his pray...

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Bombay High Court Quashes Scrutiny Committee Order Invalidating ST Certificate for Lack of Affinity Test. Caste Claim as 'Thakur' (ST) Upheld as Contemporaneous Documentary Evidence Outweighs Affinity Test Under Maharashtra Act XXIII of 2001.

The petitioner, Monika Sunil Shinde, a 19-year-old resident of Ahmednagar, filed a writ petition under Article 226 of the Constitution of India challe...

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Bombay High Court Dismisses PIL Challenging SEBI's Power to Call Call Data Records. SEBI's Investigative Powers Under Section 11 of SEBI Act, 1992 Include Access to CDRs, and Such Access Does Not Violate Right to Privacy.

The Bombay High Court dismissed a Public Interest Litigation (PIL) filed by the Indian Council of Investors challenging the Securities and Exchange Bo...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Evidence and Lack of Common Object. Conviction under Section 302 read with 149 IPC set aside as prosecution failed to prove unlawful assembly and common object beyond reasonable doubt.

The judgment pertains to multiple criminal appeals arising from a conviction for murder under Section 302 read with 149, 120B, 147, 148 of the Indian ...

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Bombay High Court Dismisses Revision Against Summons Under Section 319 CrPC in Murder Case — Co-accused's Application to Summon Petitioner Upheld as Trial Court Had Prima Facie Material.

The petitioner, Amit Anand Nare, challenged an order passed by the 2nd Additional Sessions Judge, Raigad, Alibag, which allowed an application filed b...