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Bombay High Court Dismisses Petition Challenging Dismissal Order Under Article 311(2) Second Proviso (b) of Constitution of India — Subsequent Acquittal Does Not Revive Stale Challenge. Dismissal Order Based on Conviction Attained Finality; Petition Dismissed as Stale.

The petitioner, Satish L. Gawte, was dismissed from service by order dated 7 October 1998 under Article 311(2) second proviso (b) of the Constitution ...

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Bombay High Court Dismisses Acquitted Accused's Writ Petition for Rs.200 Crore Compensation as Acquittal Does Not Automatic Entitlement. The Court Holds That Compensation Under Article 226 Requires Proof of Malicious Prosecution and Violation of Fundamental Rights, Not Mere Acquittal.

The present writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 was filed by the peti...

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Gujarat High Court Upholds Acquittal in Murder Case Due to Unreliable Testimony and Lack of Corroboration. Enmity as Motive Insufficient Without Credible Evidence Under Sections 302, 114, 323 IPC and Section 135 Bombay Police Act.

The State of Gujarat appealed against the acquittal of the respondents (Damabhai Jibhai Gohil and others) by the Additional Sessions Judge, Godhra, in...

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Bombay High Court at Goa Allows State Appeal Against Acquittal in Theft and Public Property Damage Case — Defective Investigation Cannot Be Sole Ground for Acquittal. Trial Court Must Appreciate Evidence Dehors Investigation Defects to Determine if Case is Made Out Against Accused.

The State of Goa appealed against the acquittal of Dadasaheb Rane, a market inspector of Bicholim Municipal Council (BMC), who was charged with theft ...

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High Court of Gujarat Dismisses State Appeal Against Acquittal in Electricity Theft Case — Failure to Prove Theft Beyond Reasonable Doubt. Accused Acquitted Under Section 135(1) of Indian Electricity Act, 2003 as Prosecution Failed to Establish Illegal Connection and Theft of Electricity.

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 07.0...