Search Results for "witness incapacity"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
Bombay High Court Upholds Conviction of Appellant for Murder Under Section 302 I...
High Court of Bombay Quashes Deputy Registrar's Directives in Co-operative Socie...

Search Results for "witness incapacity"

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Supreme Court

Supreme Court Converts Murder Conviction to Culpable Homicide Not Amounting to Murder in Mother Killing Daughters Case — Lack of Premeditation and Sudden Provocation Due to Mental Distress Considered. The Court applied Exception 4 to Section 300 IPC and Section 304 Part I IPC, reducing the sentence to 10 years rigorous imprisonment.

28 Apr 2025

The Supreme Court considered an appeal against the conviction of the appellant, Chunni Bai, under Section 302 IPC for the murder of her two daughters,...

High Court

High Court Quashes POCSO Proceedings Against Accused Due to Lack of Prima Facie Evidence of Sexual Assault. Allegation of Penetration Not Supported by Medical Evidence or Victim's Statement Under Section 164 CrPC.

13 Nov 2024

The petitioner, Krishnappa, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Special Case No.28/2...

Supreme Court

Supreme Court Allows Wife's Appeal Against DNA Test Order in Divorce Case, Upholding Marital Presumption of Paternity. The Court Held That the Presumption Under Section 112 of the Indian Evidence Act, 1872, Cannot Be Rebutted by DNA Evidence Alone Without Proof of Non-Access, Protecting the Child's Legitimacy and Privacy Rights.

20 Feb 2023

The dispute arose from a divorce petition filed by the husband under Sections 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, alleging adultery by ...

Supreme Court

Supreme Court Quashes Conviction in Customs Act Case Due to Procedural Irregularity in Appellate Judgment. The High Court's common judgment considering evidence from only one trial violated fair trial principles under Section 273 of the Code of Criminal Procedure, 1973, necessitating remand for fresh consideration.

29 Oct 2021

The dispute involved appeals by six accused persons against their conviction by the Madras High Court under the Customs Act, 1962. The Anti-Smuggling ...

Supreme Court

Supreme Court Reverses High Court's Probate Grant in Favor of Objectors Due to Valid Cancellation of Will. The Court Held That a Registered Cancellation Deed Executed by the Testator Revoked the Will, Supported by Expert Evidence on Thumb Impression Genuineness and Witness Testimony, Under the Indian Succession Act, 1925.

17 Aug 2021

The appeal arose from a probate dispute concerning the Will of Rajendra Singh, who executed a Will on 14.09.1960 in favour of Sarjug Singh. Rajendra S...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Goa Children's Act, 2003 as Premature. Petitioner Convicted for Kidnapping and Murder of Minor Cannot Challenge State Legislation When Appeal Against Conviction is Pending.

6 Oct 2018

The petitioner, Rohan Pradeep Dhungat, was convicted by the Goa Children's Court in Special Case No.28/2006 for offences including kidnapping for rans...

High Court

Bombay High Court Dismisses Husband's Appeal for Divorce on Ground of Mental Cruelty — Wife's Demand for Separate Residence Not Cruelty Under Hindu Marriage Act, 1955. The court held that the burden to prove cruelty lies on the petitioner and that a mere demand for separate residence does not constitute mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

12 Oct 2017

The appellant-husband, Ajay Ramrao Chavan, filed a divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, before the Family Court ...

High Court

Bombay High Court Allows Arbitration Petition Under Section 34 of Arbitration and Conciliation Act, 1996, Setting Aside Arbitral Award for Patent Illegality and Violation of Natural Justice. Award declared firm dissolved on a date not claimed by any party and failed to consider crucial evidence regarding partnership property.

5 Jun 2017

The Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenges an arbitral award dated 1st August 2006. The petiti...

High Court

Bombay High Court Dismisses Probate Petition for Will Allegedly Executed by Father, Finding Suspicious Circumstances and Lack of Proof of Execution and Attestation. Will dated 21st November 1992 propounded by son fails as attesting witness not examined and execution not proved beyond reasonable doubt under Section 63 of Indian Succession Act, 1925.

8 Jul 2016

The plaintiff, Shirish Popatlal Shah, filed a petition for Letters of Administration with Will Annexed in respect of a Will dated 21st November 1992 a...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Lack of Credible Witnesses. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

7 Dec 2011

The appellants, Nirmala Maruti Gunjal, Malanbai Ramesh Gunjal, Sakhubai Baban Shinde, and Maruti Ramesh Gunjal, were convicted by the 5th Additional S...

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