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High Court of Karnataka Enhances Sentence in POCSO Case — State Appeal Against Inadequate Sentence Allowed. Court holds that Section 5(1) of POCSO Act mandates minimum sentence of ten years and trial court's imposition of less than ten years is illegal.

The State of Karnataka filed an appeal under Section 377(1)(b) of the Code of Criminal Procedure, 1973, challenging the inadequacy of the sentence imp...

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Bombay High Court Dismisses State Appeal Against Acquittal in Threat and Misconduct Case — Prosecution Fails to Prove Offences Under Section 189 IPC and Section 120 Bombay Police Act Beyond Reasonable Doubt

The State of Maharashtra filed an appeal under Section 378(1) of the Code of Criminal Procedure, 1973, challenging the judgment and order of acquittal...

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Bombay High Court Acquits Accused in Rape Case Based on Consent and Promise of Marriage — Failure to Prove Ingredients of Rape Under Section 375 IPC. Evidence of Victim Contradictory and Medical Evidence Inconsistent with Prosecution Story.

The applicant, Pravin @ Shrikrishna Chandrakant Marathe, was convicted by the Assistant Sessions Judge, Sindhudurg, for offences under Sections 376, 4...

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High Court of Karnataka Acquits Accused in Preparation for Dacoity Case Due to Lack of Evidence of Meeting of Minds. Conviction under Sections 399 and 402 IPC set aside as prosecution failed to prove that the accused assembled with common intention to commit dacoity.

The appellants, Maharaja, Aravind, and Vanji Kumar, were convicted by the District and Sessions Judge, FTC-1, Bangalore Rural District, in S.C.No.303/...

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Bombay High Court Hears Writ Petition Against Order of Debt Recovery Appellate Tribunal in Recovery Proceedings. The Case Involves Settlement and Auction of Property of Bradbury Mills Ltd., a Company in Liquidation, with Multiple Creditors and Guarantors.

The writ petition was filed by Everest Fincap Pvt. Ltd. challenging an order of the Debt Recovery Appellate Tribunal (DRAT) dated 22 August 2008, whic...

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High Court of Karnataka Dharwad Bench Considers Insurance Company and Claimant Appeals Against MACT Award Under Section 163A of Motor Vehicles Act. Dispute Centers on Maximum Compensation Payable for Deceased Motorcycle Rider and Pillion Rider's Death.

Background: The appeals arose from two motor accident claim petitions filed under Section 163A of the Motor Vehicles Act, 1988 before the Motor Accide...

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Karnataka High Court Reduces Compensation in Motor Accident Claims for Rider of Motorcycle Under Section 163A of Motor Vehicles Act. Rider Held Not Entitled to Full Compensation as Liability Limited to Contractual Personal Accident Cover of Rs.1,00,000.

The case involved a fatal motorcycle accident on 08.12.2007 where the rider lost control and collided with a roadside stone, resulting in the death of...

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Bombay High Court Upholds Arbitral Award in Derivative Transaction Dispute Based on Signed ISDA Agreement. Court Finds No Ground to Interfere Under Section 34 of Arbitration Act as Arbitrator's Findings on Enforceability Are Reasonable.

The dispute arose from two foreign exchange derivative transactions entered into between Sporting India Limited (the Petitioner) and HDFC Bank Limited...