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Madras High Court Acquits Accused in Kidnapping for Ransom Case Due to Lack of Evidence and Unreliable Witnesses. Conviction Under Section 364A IPC Set Aside as Prosecution Failed to Prove Demand for Ransom and Relied on Uncorroborated Extra-Judicial Confessions and Unreliable Dying Declaration.

The case pertains to the kidnapping and murder of one Suresh Kumar, a financier, on 19.08.2015. The deceased was last seen on that day and his dead bo...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Upholds Trial Court Decree for Execution of Sale Deed. Agreement of Sale Dated 02.08.2007 Proved by Plaintiff; Defendants Failed to Discharge Burden of Proof Under Section 16(c) of Specific Relief Act, 1963.

The appellants (defendants) challenged the judgment and decree dated 20.10.2012 passed by the Senior Civil Judge, Channarayapatna, in O.S. No. 4/2008,...

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Karnataka High Court Dismisses Appeal Against Decree of Specific Performance of Sale Agreement. Court holds that plaintiff's readiness and willingness to perform is established by evidence of payment of balance sale consideration and execution of sale deed within time.

The present first appeal is filed by the defendant under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 30...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for declaration and injunction dismissed as plaintiffs failed to prove title and possession over suit property.

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 20.02.20...

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High Court of Karnataka Quashes Charge Sheet in Money Lending Dispute Due to Civil Nature of Transaction. Sections 384, 420, 506 IPC Not Attracted as Dispute Pertains to Loan Repayment and Not Criminal Extortion or Cheating.

The petitioner, Sathish Kumar S, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court o...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted. Complainant's Failure to Prove Financial Capacity Does Not Automatically Discharge Accused When Execution of Cheque is Admitted.

The appellant/complainant filed a criminal appeal under Section 378(4) Cr.P.C. challenging the judgment of acquittal dated 29.12.2010 passed by the XV...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation of Rs.19,30,000 for Death of Ganeshan. Negligence of Driver of Insured Vehicle Established, and Insurer Liable to Pay Compensation Under Motor Vehicles Act, 1988.

The appeal was filed by the Regional Manager of National Insurance Company Limited against the judgment and award dated 22.09.2016 passed by the IX Ad...

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Bombay High Court Quashes Reassessment Notices for Lack of Reasonable Belief of Income Escapement — Section 148 Income Tax Act, 1961. Reopening of assessments based on mere change of opinion without tangible material is invalid.

The petitioner, Amar Hotchand Nagpal, a finance and estate broker, challenged three notices dated 23rd September 1997 issued under Section 148 of the ...

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Bombay High Court Quashes Preventive Detention Order in COFEPOSA Case for Non-Application of Mind. Detenu in judicial custody; detaining authority failed to consider less restrictive alternatives under ordinary law, rendering detention order invalid.

The petitioner, Mahesh V. Amesur, cousin of Jeetu Shankarlal Chhapru, filed a writ of habeas corpus under Article 226 of the Constitution challenging ...