Search Results for "reverse presumption"

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High Court of Karnataka Allows Accused to Adduce Defence Evidence in POCSO Case — Rejection of Plea by Trial Court Set Aside. Right to Fair Trial Under Section 482 CrPC Includes Opportunity to Present Defence Witnesses Even After Prosecution Evidence Closed.

The petitioner, Sri Periyaswamy M., filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court o...

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High Court of Karnataka Dismisses Petition by Foreign Shareholder Challenging Constitutional Validity of Section 272(1)(e) Companies Act, 2013. Section 272(1)(e) is not ultra vires the Constitution; second proviso to Section 272(3) does not apply to petitions under Section 272(1)(e).

The petitioner, Devas Employees Mauritius Private Limited, a company incorporated under the laws of Mauritius and a shareholder of Devas Multimedia Pr...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Harassment Case — Prosecution Fails to Prove Cruelty Beyond Reasonable Doubt. Acquittal of Husband and In-laws Under Sections 498-A, 323, 504 IPC Upheld Due to Inconsistent Testimony and Lack of Corroboration.

The State of Maharashtra filed an appeal under Section 378(1) of the Code of Criminal Procedure, 1973, challenging the judgment and order of acquittal...

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Bombay High Court Upholds Acquittal in Dowry Death Case Due to Lack of Evidence of Cruelty Soon Before Death. Presumption under Section 113B of Evidence Act not attracted as prosecution failed to establish demand of dowry or harassment within seven years of marriage.

The State of Maharashtra appealed against the judgment and order of acquittal dated 19th November 1998 passed by the Additional Sessions Judge, Latur ...

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Bombay High Court Acquits Appellants in Gang Rape Case Due to Inconsistent Evidence and Lack of Independent Witnesses. Conviction under Section 376(2)(g) IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The case pertains to an appeal against the conviction of two appellants, Prafulla Vinayak Nage and Atul Shrikrishna Bhadake, under Section 376(2)(g) (...

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High Court of Bombay at Goa Allows Writ Petition Challenging Revision Order — Revisional Court Erred in Entertaining Revision Under Section 438 BNSS Against Order Under Section 164 BNSS Without Notice. Order Under Section 164 BNSS Is Summary and Not Subject to Revision; Natural Justice Violated.

The petitioner, Shri Noberto Paulo Sebastiao Fernandes, through his constituted attorney, filed a criminal writ petition before the High Court of Bomb...

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Bombay High Court Dismisses Review Petition in Eviction Case for Unlawful Subletting and Non-User of Premises. Tenants failed to show error apparent on face of record in revision order confirming eviction decree under Bombay Rent Act.

The petitioners, who were the defendants in the original eviction suit, filed a review petition before the Bombay High Court seeking review of an orde...

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Convicted for Murder: Supreme Court Upholds Life Sentence Illicit Relationship and Homicide: Chain of Circumstances Proves Guilt Beyond Doubt

This is a Supreme Court judgment in Uma & Anr. vs. State (Crl. A. No. 757 of 2015), where the appellants challenged the reversal of their acquitta...