Search Results for "section 397"

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Bombay High Court Quashes Sessions Court Order Adding Accused Under Section 319 CrPC for Violation of Natural Justice. Revisional Court Failed to Issue Notice to Proposed Accused Before Allowing Impleadment, Rendering Order Illegal.

The petitioner, Laxmibai w/o Poonamchand Gangwe, filed a criminal writ petition challenging the order dated 25.06.2019 passed by the learned Sessions ...

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High Court of Karnataka Upholds Conviction of Accused in SC/ST Act Case — Caste-Based Insults and Assault Proven. Concurrent Findings of Fact Cannot Be Interfered With in Revision Under Section 397 Cr.P.C. Unless Perverse.

The case arises from a complaint filed by Sadappa (PW1) on 09.04.2012 alleging that on 07.04.2012 at about 8.30 p.m., the petitioner Somashekar abused...

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Bombay High Court Allows Discharge of Applicants in Kidnapping and Theft Case Due to Lack of Prima Facie Evidence. Mere Presence Without Overt Act or Common Intention Does Not Sustain Charges Under Sections 363, 380, 34 IPC.

The applicants, Manikrao Kale, Meher Kale, and Manish Muley, filed an application under Section 482 of the Code of Criminal Procedure, 1973, challengi...

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High Court of Bombay Hears Appeal Against Company Law Board Orders Refusing to Enforce Settlement Under Section 634A of Companies Act, 1956. The appeal challenged the binding nature of an order recording broad settlement when consent terms were unsigned and third-party interests were involved.

The appeal arose from two orders of the Company Law Board (CLB) dated 2 July 2004 and 13 September 2004, which held that an earlier CLB order dated 29...

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High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

The case arises from a complaint filed by the respondent (Smt. Y.C. Manju) against the revision petitioner (Sunil Yadav) under Section 138 of the Nego...

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Bombay High Court Grants Bail to Under-Trial Accused in Murder Case Due to 9-Year Incarceration and HIV Condition. Long Incarceration Violates Right to Speedy Trial Under Article 21; Bail Granted Under Section 439 Cr.P.C.

The applicant, Ganesh Madhukar Mendarkar, filed a regular bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection wi...

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Bombay High Court Acquits Appellant in Robbery Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Sections 392, 397 IPC set aside as sole identifying witness failed to provide consistent description and no independent corroboration of recovery.

The appellant, Rakesh Harilal Kahar, was convicted by the Additional Sessions Judge for Greater Mumbai on November 30, 2001, in Sessions Case No.250 o...