Search Results for "Section 37(2)"

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Search Results for "Section 37(2)"

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Supreme Court

"Supreme Court of India Resolves Complexities in Taxation of Mineral Rights" "Judgment Clarifies Legislative Powers and the Nature of Royalty in Mining Sector"

25 Jul 2024

The Supreme Court of India addressed a significant dispute regarding the distribution of legislative powers between the Union and the States, specific...

High Court

Bombay High Court Allows Revision in Succession Case — Marriage of Deceased with Applicant No.1 Proved Valid, Entitling Her and Daughter to Succession Certificate. Court holds that presumption of marriage under Section 114 of Indian Evidence Act, 1872 applies when long cohabitation and public recognition are established, and that the Succession Court cannot decide title but only grant certificate to the person entitled.

3 Oct 2023

The applicants, Smt. Aruna Gautam Kamble and her minor daughter Sneha, filed a Miscellaneous Application under Section 372 of the Indian Succession Ac...

Supreme Court

Supreme Court Allows Victim's Appeal Against Acquittal Without Leave Requirement Under Section 372 CrPC. The Court held that the victim's right to appeal under the proviso to Section 372 CrPC is independent and does not require leave, distinguishing it from the State's appeal under Section 378 CrPC.

5 Jul 2019

The Supreme Court considered an appeal by Naval Kishore Mishra, the brother of a deceased victim, against the High Court's dismissal of his appeal cha...

High Court

Bombay High Court Allows Victim's Revision Against Dismissal of Appeal in Sexual Harassment Case — Right of Victim to Appeal Acquittal Under Section 372 Cr.P.C. Recognized. The High Court held that the proviso to Section 372 Cr.P.C. confers a right on the victim to appeal against an order of acquittal passed by a Judicial Magistrate First Class before the Sessions Court, and the Sessions Judge erred in dismissing the appeal as not maintainable.

23 Apr 2019

The case involves a criminal revision application filed by Ku. Ragini d/o Rajesh Chourasia, the victim of offences punishable under Sections 354A, 354...

High Court

Bombay High Court Dismisses State Appeal in Food Adulteration Case Due to Non-Compliance with Sampling Rules. Acquittal of Vendor for Selling Adulterated Groundnut Oil Upheld as Sample Not Representative and Rules 14 and 16 of Prevention of Food Adulteration Rules, 1955 Not Followed.

24 Aug 2017

The State of Maharashtra appealed against the judgment and order of the Judicial Magistrate First Class, Bramhapuri, in Regular Criminal Case No.68 of...

High Court

Bombay High Court Holds That Deletion of Leave Requirement Under Section 378 CrPC Does Not Automatically Entitle Complainant to Admission of Appeal for Final Hearing. The Court Must Still Apply Its Mind to Merits Before Admitting Appeal.

8 Jul 2015

The judgment pertains to two criminal appeals filed by complainants against acquittal. The core legal issue was whether, after the amendment to Sectio...

High Court

Bombay High Court Allows Revision Application of Accused in Negotiable Instruments Act Case — Complainant's Appeal Under Section 372 Proviso Not Maintainable. Complainant Already Had Right to Appeal Under Section 378(4) CrPC, So Sessions Court Proceedings Were Nullity.

9 Dec 2013

The applicant, Ganesh Bandu Badgujar, was the original accused in a complaint filed by respondent no.1, Mangalabai Ashokbhai Patel, alleging an offenc...

High Court

Bombay High Court Dismisses Revision Against Conversion of Conviction from Section 325 to Section 323 IPC — Procedural Amendment Not Retrospective to Affect Accused's Vested Right of Appeal. The court held that the proviso to Section 372 CrPC inserted in 2009 is prospective and does not apply to judgments delivered before its commencement, thus the revision could not be converted into an appeal.

25 Oct 2012

The petitioner, Nandabai, was the original complainant in a criminal case against the respondent-accused, Maruti Gopala Mehetre, for causing hurt. The...

High Court

Bombay High Court Dismisses Application Challenging Maintainability of Appeal Against Acquittal Under Section 138 NI Act. Complainant's Appeal Under Proviso to Section 372 CrPC Does Not Require Leave Under Section 378 CrPC.

21 Jun 2012

The applicant, Madhav Shriramji Khadse, was the original accused in Summary Criminal Complaint No. 1288/2008 under Section 138 of the Negotiable Instr...

High Court

Bombay High Court Dismisses Leave to Appeal in Negotiable Instruments Act Case — Maintainability of Appeal by Complainant as Victim Under Section 372 CrPC. Forum for appeal against acquittal in a complaint case under Section 138 of the Negotiable Instruments Act, 1881 is the Sessions Court, not the High Court, by virtue of the proviso to Section 372 read with Section 2(wa) of the Code of Criminal Procedure, 1973.

16 Jun 2011

The applicant, M/s. Top Notch Infotronix (I) Pvt. Ltd., filed an application under Section 378(4) of the Code of Criminal Procedure, 1973 (CrPC) seeki...

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