Search Results for "ratio decidendi"

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Supreme Court Acquits Accused in Murder Case, Citing Unreliable Testimony. Conviction based solely on unreliable evidence overturned; benefit of doubt extended.

The Supreme Court of India overturned the conviction of the appellant under Sections 294(b), 341, and 302 IPC, holding that the High Court erred in co...

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Upholding Procedural Validity in SARFAESI Proceedings. "Reaffirming the ministerial role of courts under Section 14 of the SARFAESI Act."

The Bombay High Court, examined procedural aspects under the SARFAESI Act concerning the non-compliance with the requirements of Section 13(2) and Sec...

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High Court Quashes FIR: Civil Dispute Misinterpreted as Criminal Offense. Justice prevails as the Court clarifies the distinction between civil and criminal liability.

The Bombay High Court (Aurangabad Bench) quashed the FIR and criminal proceedings against applicants, emphasizing the civil nature of the dispute and ...

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"Bombay High Court Restores Appeal Rejected for Procedural Inadvertence" "Justice Prevails Over Procedural Errors: Appellate Authority Directed to Hear Appeal on Merits"

1. Procedural Background (Para 3): The petitioner filed an appeal before the appellate authority challenging the order dated 25 April 2022. While ...

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"Reversal of Cenvat Credit Without Goods Entering Factory Premises Invalid: Bombay HC Upholds Recovery and Penalty" "Illegitimate Reversal of Cenvat Credit and Misrepresentation of Goods' Movement Constitutes Fraud"

Acts and Sections Discussed: Central Excise Act, 1944 - Section 35G (Appeal to High Court), Section 11AC (Penalty for Excise Duty Evasion). Cenvat...

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“Supreme Court Protects Judicial Independence, Expunges Remarks Against Rajasthan Judge” Tagline: Mandatory Bail Application Formats Cannot Curtail Judicial Discretion.

The Supreme Court expunged adverse remarks and directions issued against a District and Sessions Judge for allegedly not adhering to procedural direct...

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"Bombay High Court Upholds Trial Court Acquittal in Civil Dispute-Turned Criminal Case" "Court emphasizes lack of reliable evidence, rejects prosecution case citing contradictions and civil dispute context."

The Bombay High Court dismissed the State's appeal challenging the acquittal of two accused by the Trial Court. The case, rooted in a civil property d...

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"High Court Invalidates Reassessment Notice Against Shri Saibaba Sansthan Trust Shirdi" "Reassessment quashed due to lack of new tangible material."

The Bombay High Court held that reopening of assessments under Section 147 of the Income Tax Act, 1961, based on material already scrutinized during t...

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Bombay High Court Allows Default Bail to Accused Arrested After Charge-Sheet Filing in Further Investigation. Right to Default Bail Under Section 167(2) CrPC Applies to Accused Arrested During Further Investigation, Not Extinguished by Prior Charge-Sheet Filing.

The Bombay High Court, in a referral order, resolved a conflict between two Single Judge decisions regarding the applicability of default bail under S...

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Bombay High Court Decides on Election Petition Challenging 18th Lok Sabha Results from Mumbai North-West Constituency. Justice Amidst Narrow Margins: Upholding the Electoral Process

The Bombay High Court examined the maintainability of an election petition under the Representation of People Act, 1951, challenging the election resu...