Search Results for "burden under Section 106"

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Bombay High Court Dismisses Challenge to Metro Fare Hike; Judicial Review Not Permitted Over Specialist Committee's Decision Under Metro Act. Fare Fixation Committee's Determination Based on Section 34 Prevails Over Contractual Fare Stipulations, Limited to Checking Arbitrariness or Perversity.

The writ petition challenged the Fare Fixation Committee's decision to increase Mumbai Metro fares from Rs.9-13 to Rs.10-110 from January 2015. The pe...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Inform Right to Search Before Magistrate Leads to Acquittal. The court held that non-compliance with Section 50 of the NDPS Act, 1985, vitiates the trial and entitles the accused to acquittal.

The case involves four criminal appeals filed by individuals convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for p...

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High Court of Karnataka Allows Appeals in Dishonour of Cheque Cases, Sets Aside Acquittal. Presumption under Section 139 of NI Act applies when signature and issuance of cheque are admitted, shifting burden on accused to rebut.

The appellant, Mr. Ashfaq Rasheed Shaik, filed six criminal appeals under Section 378(4) Cr.P.C. against the judgment of acquittal dated 07.06.2018 pa...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Evidence and Unreliable Witnesses. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Hariomdas Govinddas Bainade, was convicted by the learned Additional Sessions Judge, Aurangabad, for offences punishable under Sections...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unnatural Conduct of Witnesses. Conviction under Sections 302 and 506 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Rahul Limbaji Thorat, was convicted by the Additional Sessions Judge, Vaijapur, for the murder of his wife Vandana under Sections 302 a...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration and Incomplete Circumstantial Evidence. Conviction under Sections 302 and 309 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Hariomdas Govinddas Bainade, was convicted by the learned Additional Sessions Judge, Aurangabad, for offences punishable under Sections...

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Supreme Court Upholds Conviction for Murder Based on Circumstantial Evidence in Matrimonial Home. Homicidal Death Established Through Medical and Circumstantial Evidence, Shifting Burden on Husband Under Section 106 of Indian Evidence Act, 1872.

The appellant, Kalu alias Laxminarayan, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his wife. The deceased was ma...