Search Results for "section 323"

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Search Results for "section 323"

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High Court

Bombay High Court Hears Appeal Challenging Rejection of Discharge in MCOCA Case. Appeal Raises Issues on Requirement of Pecuniary Benefit and Validity of Approval and Sanction under MCOCA, 1999.

7 May 2010

The matter arises from Criminal Appeal No. 930 of 2009 filed before the Bombay High Court under Section 12 of the Maharashtra Control of Organized Cri...

Supreme Court

Supreme Court Restores Murder Conviction Under Section 302 IPC for Iron Rod Assault on Head. The Court held that the High Court erred in reducing the conviction to Section 304 Part I IPC as the intention to commit murder was clear from the weapon, injuries, and circumstances.

14 Jan 2019

The case arises from an altercation on 13-14 March 2008 in Haryana, where the accused Surender @ Monu and others attacked the complainant's family. Th...

High Court

Bombay High Court Upholds Conviction of Accused under Section 304-II IPC for Causing Death by Rash and Negligent Act, but Acquits Co-Accused for Lack of Common Intention. The court held that the accused's act of driving a tractor in a rash manner resulting in death amounts to culpable homicide not amounting to murder, and that the other accused present at the scene did not share common intention to cause death.

14 Jun 2013

The case involves two appeals and a revision arising from the same incident. The appellant in Criminal Appeal No.406/1998, Irappa Madhavrao Tondare, w...

High Court

Bombay High Court Upholds Conviction for Gang Rape and Dacoity in Sessions Case No.127 of 2012 — Appellants Sentenced to 10 Years Rigorous Imprisonment for Gang Rape Under Section 376(2)(g) IPC and Dacoity Under Section 395 IPC. The court held that the victim's testimony, corroborated by medical evidence and recovery of stolen articles, was sufficient to sustain the conviction.

3 Apr 2018

The judgment pertains to two criminal appeals filed by four appellants (accused) challenging their conviction and sentence by the Additional Sessions ...

High Court

Bombay High Court Dismisses Compensation Claim for Alleged Illegal Arrest and Detention — Petitioners Failed to Establish Custodial Detention Beyond Remand Period. Court Held That Arrest and Production Before Executive Magistrate for Preventive Action Under Section 107 CrPC Was Not Illegal as Petitioners Were Released on Bail in the Criminal Case.

1 Dec 2020

The petitioners, Arun and Shailendra Tagad, filed a criminal writ petition seeking compensation of Rs. 5,00,000 each from the State of Maharashtra and...

High Court

Bombay High Court Declines to Answer Reference on Academic Issue When Underlying Writ Petition Disposed of. Full Bench holds that a larger bench cannot answer a reference for academic purposes when the cause is not live.

21 Jan 2021

The Full Bench of the Bombay High Court at Nagpur was constituted to resolve a conflict of opinion between two Division Bench decisions: Saroj Iyer v....

High Court

High Court of Judicature at Bombay, Aurangabad Bench, hears appeals challenging conviction for murder and related offences. Accused were convicted under Section 302 read with Section 149 of the Indian Penal Code for causing death by unlawful assembly, while the victim appealed for enhancement of sentence and additional convictions.

16 Jul 2015

This judgment arises from three connected criminal appeals before the High Court of Judicature at Bombay, Bench at Aurangabad, challenging the judgmen...

High Court

Bombay High Court Upholds Acquittal of Accused in Murder Case Due to Inconsistent Evidence. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Section 302 IPC.

6 Jun 2005

The State of Maharashtra filed an appeal against the judgment and order dated 20.12.1995 passed by the 4th Additional Sessions Judge, Kolhapur, in Ses...

High Court

Bombay High Court Quashes Committal Order in Counter Case Dispute — Offences Not Exclusively Triable by Sessions Court Cannot Be Committed Without Trial Commencement. The Court held that Section 323 CrPC requires commencement of inquiry or trial before committal, and two cases with different times, places, and accused are not part of same transaction for joint trial.

26 Feb 2016

The petitioner, Karan Sunil Ingole, challenged the order of the Judicial Magistrate First Class, Court No.4, Baramati, committing RCC No.247 of 2011 t...

High Court

Bombay High Court Allows Interest on Delayed Refund of CENVAT Credit Under Section 11BB of Central Excise Act, 1944. Petitioner entitled to interest from expiry of three months from date of refund application till actual refund.

21 May 2021

The petitioner, Qualcomm India Private Limited, a company incorporated under the Companies Act, 1956, is engaged in providing support services to its ...

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