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Supreme Court Quashes Criminal Proceedings in Loan Dispute, Distinguishes Civil Breach from Criminal Offence. Court holds that mere inability to repay loan does not constitute cheating or criminal breach of trust without fraudulent intention from inception.

The Supreme Court allowed an appeal against the Gujarat High Court's order dismissing a petition to quash criminal proceedings. The appellant, a retir...

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Supreme Court Dismisses Appeal Against Refusal to Discharge Accused in Fake Currency Case. Prima Facie Evidence of Involvement Found Sufficient for Trial Under Sections 489B and 489C IPC.

The appellant, Dipakbhai Jagdishchandra Patel, was implicated in a case involving the possession and sale of counterfeit Saudi Arabian Riyal currency ...

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Supreme Court Quashes Charges Against Hotel Managing Director and General Manager in Guest Fall Case — No Criminal Negligence Established. Vicarious Liability Not Attracted Under Sections 336/338 IPC and Section 4 COTPA Without Specific Allegations of Active Role.

The Supreme Court allowed the appeals filed by Shiv Kumar Jatia (accused No.2, Managing Director) and Aseem Kapoor (accused No.4, General Manager) aga...

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Bombay High Court Acquits Accused in Rape of Minor Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376(2)(f) IPC and Section 3(1)(xii) of SC/ST Act Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Satish s/o Ramesh Nandre, was convicted by the Special Judge, Dhule, for offences under Section 376(2)(f) of the Indian Penal Code and ...

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Bombay High Court Allows Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Claim Case — Negligence of Truck Driver Established, Contributory Negligence Not Proved. Claimants awarded enhanced compensation with 6% interest per annum from date of petition.

The judgment arises from two cross-appeals against the award of the Motor Accident Claims Tribunal, Sangli, dated 28 September 2005 in Claim Petition ...

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Bombay High Court Grants Bail to Accused in Bhima Koregaon-Elgar Parishad Case Under UAP Act. Prolonged Incarceration Without Trial Violates Article 21 and Entitles Accused to Bail Despite Section 43D(5) Bar.

The appellant, Hany Babu, a professor and academic, was arrested on 28 July 2020 in connection with FIR No. 1 of 2020 registered by the National Inves...

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Bombay High Court Quashes Second Prosecution in Gutkha Case on Principle of Autrefois Acquit — Section 300 CrPC Bars Retrial for Same Incident. Acquittal in First Trial for IPC and FSS Act Offences Arising from Same Transaction Precludes Second Trial.

The petitioner, Sachin Shantilal Bhansali, ran a Pan Center in Malkapur, Buldhana. On 27/01/2014, a Food Safety Officer lodged a complaint alleging th...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Intent and Inconsistent Evidence. Conviction under Section 302 IPC set aside as death caused by accidental fall, not intentional poisoning.

The appellant, Rama Ghongde, was convicted under Section 302 IPC for the murder of his son Ashutosh by poisoning. The prosecution case was that the ap...