Search Results for "section 397"

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Supreme Court Allows Appeal in Dacoity Case Due to Lack of Identification and Flawed Circumstantial Evidence. High Court's Reversal of Acquittal Set Aside as Prosecution Failed to Prove Identity and Circumstantial Evidence Was Unreliable Under Section 397 IPC.

The Supreme Court allowed the appeal of Nagaraja (Accused No.4) against the judgment of the Karnataka High Court which had reversed his acquittal and ...

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High Court of Karnataka Allows Revision Petition Challenging Condition of Deposit of Rs.5,00,000/- for Release of Seized Tractor in Criminal Case. Court held that condition of deposit was onerous and disproportionate, and directed release on personal bond.

The revision petitioner, Sri. Mustafa, was aggrieved by the order of the IV Additional Senior Civil Judge and JMFC, Dharwad, dated 17.06.2023, which d...

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High Court of Karnataka Dismisses Revision Petition in Cheating Case — Conviction Under Section 420 IPC Upheld. Accused No.1 Sentenced to Three Years Rigorous Imprisonment for Cheating Complainant by Selling Fake Gold.

The petitioner, Korachara Nagaraj @ Yeradethinahalli Naga, was convicted by the trial court (C.J.(Jr.Dn.) & JMFC, Huvinahadagali) in C.C.No.445/2008 f...

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Bombay High Court Allows Revision, Discharges Newspaper Editor in POCSO Identity Disclosure Case. Section 23(3) POCSO Act imposes vicarious liability on publisher only if employee acts within course of employment; editor not liable for independent acts of reporter.

The case involves a criminal revision application filed by Gammat Nandlal Bhandari, the editor/publisher of a newspaper, challenging the order of the ...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

The case arises from a private complaint filed by the complainant (since deceased, represented by legal representatives) against the accused-petitione...

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High Court of Karnataka Quashes Summons Under Section 319 CrPC Against Witnesses in Murder Trial — No Prima Facie Case for Additional Accused. Summons Issued Without Proper Application of Mind as Evidence Did Not Satisfy Test of Strong Suspicion Under Section 319 CrPC.

The case involves two criminal revision petitions filed under Sections 397 read with 401 of the Code of Criminal Procedure, 1973 (CrPC). The petitione...