Search Results for "appreciation of evidence"

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Gujarat High Court Acquits Accused in POCSO and SC/ST Act Case Due to Material Contradictions and Lack of Corroboration. Conviction for Rape of Minor Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant-accused, Arvindbhai @ Bhadabhai Shanabhai @ Shankarbhai Chauhan, was convicted by the learned Additional Sessions Judge and Special Judg...

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Bombay High Court Upholds Acquittal in SC/ST Act Case Due to Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The State of Maharashtra filed a criminal appeal against the acquittal of four accused persons (Yuvraj Yesaji Jodgan, Arun Ramu Gavali, Pundlik Ramcha...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony of Related Witnesses and Lack of Corroboration. Conviction under Section 302 read with Section 34 IPC set aside as sole eyewitnesses were interested and their evidence was inconsistent with medical and other evidence.

The case pertains to the murder of Dnyandeo Thakare, who was allegedly assaulted by two accused, Laxman Bhatkar and Devidas Wankhede, on 6th April 200...

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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. Court holds that no substantial question of law arises under Section 100 CPC where findings are based on appreciation of evidence and no perversity is shown.

The judgment pertains to two second appeals filed under Section 100 of the Code of Civil Procedure, 1908, arising from a property dispute. The appella...

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Bombay High Court Acquits Five Accused in Murder Case Due to Unreliable Testimony of Related Witnesses and Lack of Corroboration. Conviction under Section 302 read with Section 34 IPC set aside as sole eyewitness was brother of deceased and evidence suffered from material contradictions and improvements.

The case involves four criminal appeals filed by five accused persons convicted under Section 302 read with Section 34 of the Indian Penal Code (IPC) ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Cruelty Case Due to Insufficient Evidence. Trial Court's Findings Not Perverse; Demand for Money Not Proved as Dowry Demand Under Section 498A IPC.

The State of Maharashtra filed an appeal against the judgment and order dated 24th April 2001 passed by the Judicial Magistrate, First Class, Pimpri i...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree. First Appellate Court's Reversal Set Aside for Failing to Appreciate Preponderance of Probability and Ignoring Undisputed Title of Appellant Over Part of Suit Property.

The case involves a second appeal filed by Smt. Laxmibai Govind Bhat Korde (appellant) against the judgment and decree of the First Appellate Court wh...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...

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Bombay High Court Dismisses Second Appeals in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court held that no substantial question of law arose as findings were based on appreciation of evidence and not perverse.

The judgment pertains to two second appeals arising from a property dispute among members of the Desai family. The appellants, original defendants 1 t...