Search Results for "Article 304(b)"

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Gujarat High Court Dismisses Revision Against Acquittal in Dowry Death Case — No Evidence of Cruelty or Abetment to Suicide. Presumption under Section 113B of Evidence Act not attracted as prosecution failed to prove demand of dowry soon before death.

The applicant, Jesabhai Dosabhai Bhatu, the father of the deceased Nathiben alias Nitaben, filed a criminal revision application before the Gujarat Hi...

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High Court of Karnataka Dismisses Petition Seeking Reinvestigation in Dowry Death Case — No Grounds to Interfere with Police Final Report. The court held that the power to order reinvestigation is to be exercised sparingly and only in exceptional circumstances, which were not present.

The petitioner, father of the deceased, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 Cr.P.C. se...

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Supreme Court Cancels Anticipatory Bail in Dowry Death Case, Transfers Investigation to CBI. The Court held that the High Court's grant of bail was perverse and that the circumstances warranted an independent investigation by the CBI under Section 173(8) CrPC.

The case arises from the unnatural death of Dr. Deepti Mangla, who was married to Sumit Agarwal on 3 November 2014. On 7 August 2020, the appellant, D...

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Supreme Court Allows Appeal Against High Court's Direction to Frame Additional Charges Under Sections 406 and 420 IPC. High Court Exceeded Revisional Jurisdiction by Evaluating Evidence at Charge-Framing Stage Under Section 216 CrPC.

The appeal arose from a judgment of the High Court of Andhra Pradesh which allowed a revision petition filed by the fourth respondent (father-in-law o...

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High Court of Karnataka Quashes Order for Further Investigation Under Section 173(8) Cr.P.C. in SC/ST Case — Petitioner Not Given Opportunity of Hearing. Order directing further investigation set aside as it was passed without notice to the accused, violating principles of natural justice.

The petitioner, M. Rubin Britto, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Cr...

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Bombay High Court Upholds Validity of Maharashtra Entry Tax Act — State Legislature Competent to Levy Entry Tax on Goods Imported from Outside State. Levy of Entry Tax Under Entry 52 List II Not Repugnant to Central Sales Tax Act and Is a Reasonable Restriction Under Article 304(b).

The judgment pertains to a batch of writ petitions challenging the constitutional validity of the Maharashtra Tax on Entry of Goods into Local Areas A...