Search Results for "procedural infirmities"

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations and Lack of Corroboration. Conviction under Section 302 IPC set aside as dying declarations recorded by Executive Magistrate and police contained material contradictions and were not corroborated by other evidence.

The appellant, Piraji Madhav Kumbhargave, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Komal, by setting her o...

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Bombay High Court Adjudicates Criminal Appeals in Murder Case Under Section 302 IPC, Examining Circumstantial Evidence and Procedural Irregularities. Appellants Challenge Reliability of Recovery and Chain of Custody, Arguing Investigation Delays Vitiate Conviction.

The case arose from a violent incident on 19.1.2011 in Timki Mochipura, Nagpur, where Dinesh Shendekar was killed and his brother Deva and another per...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. The court held that the trial court erred in failing to apply the presumption under Section 139 of the Negotiable Instruments Act, 1881, and that the accused failed to rebut the presumption.

The appellant, Doshi Brothers, a proprietary concern, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881, against M/s...

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Supreme Court Allows Partial Re-Trial in Criminal Case for Violation of Section 273 CrPC — Accused Not Present During Examination of 12 Witnesses

The Supreme Court considered appeals against the High Court's order directing a partial re-trial in a murder case where 12 prosecution witnesses were ...

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Supreme Court Hears Appeals Against Conviction Under Sections 147, 148, 302/149 IPC for Murder; High Court Had Upheld Trial Court's Conviction Based on Eye-Witness Testimony and Recovery of Bicycles

The appeals before the Supreme Court arose from the judgment of the High Court of Judicature at Allahabad, Lucknow Bench, which affirmed the convictio...