Search Results for "section 323"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "section 323"

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High Court

High Court of Karnataka Quashes FIR and Proceedings in PCR Complaint Sent by Post — Magistrate Failed to Follow Procedure Under Section 200 Cr.P.C. Before Referring to Police Under Section 156(3) Cr.P.C. Complaint sent by post requires examination of complainant under Section 200 Cr.P.C. before any further action; order under Section 156(3) Cr.P.C. without such examination is illegal.

16 Apr 2019

The petitioner, Yakoob Sharief, filed a petition under Section 482 Cr.P.C. seeking quashing of FIR in Crime No.86/2012 and proceedings in PCR No.95/20...

Supreme Court

Supreme Court Modifies Conviction from Murder to Culpable Homicide Not Amounting to Murder in Land Dispute Case. The Court applied Exception fourthly to Section 300 IPC, finding the incident was a sudden fight without premeditation, and sentenced the accused to six years imprisonment under Section 304 Part II IPC, while granting juvenility benefits to two accused under the Juvenile Justice Acts.

28 Oct 2021

The appeal arose from a criminal case involving a violent incident on August 2, 1982, in an agricultural field that was subject to dispute between the...

High Court

Bombay High Court Upholds Committal of Accused to Sessions Court in IPC Section 353 Case Due to State Amendment Enhancing Punishment. Amendment by Maharashtra Act 40 of 2018 reclassifies offence as triable by Sessions Court, and Section 323 CrPC mandates committal even if trial is at final stage.

8 Dec 2021

The petitioner, Kedar Rayjirao Salunke, was being prosecuted for offences punishable under Sections 353, 504, and 506(2) of the Indian Penal Code (IPC...

High Court

Bombay High Court Allows Appeal Against Dismissal of Private Complaint in Default, Restores Complaint for Trial on Merits. The court held that dismissal of a private complaint in default amounts to acquittal, and the Magistrate must hear the complainant before dismissing the complaint.

20 Oct 2012

The appellant, Sitaram Dhanad, filed a private complaint before the Judicial Magistrate, First Class, Gangapur, alleging that on 1.8.2009, the respond...

High Court

Bombay High Court Upholds Conviction for Culpable Homicide Not Amounting to Murder in Fatal Assault Case. Appellant convicted under Section 304 Part II IPC for causing death by hitting deceased with a wooden log after a quarrel, reducing sentence from 10 years to 7 years.

26 Mar 2019

The appellant, Balaji Devidas More, was convicted by the Additional Sessions Judge, Pune, under Section 304 Part II of the Indian Penal Code (IPC) for...

High Court

Bombay High Court Allows Quashing of FIR in Matrimonial Dispute Due to Settlement Between Spouses — Offences Under Sections 498-A, 315, 323, 504 IPC Read with Section 34 IPC Quashed as Continuation of Proceedings Would Be Futile and Amount to Abuse of Process of Court.

11 Jul 2019

The applicants, who are the husband and in-laws of the complainant Jagruti Amit Rathod, filed an application under Section 482 of the Code of Criminal...

High Court

Bombay High Court Allows Husband's Appeal for Divorce on Ground of Cruelty and Dismisses Wife's Appeal for Restitution of Conjugal Rights. False criminal complaints by wife constitute mental cruelty under Section 13(1)(ia) of Hindu Marriage Act, 1955.

11 Jul 2014

The case involves cross-appeals arising from a common judgment of the Family Court, Nagpur, dated 15-4-2009. The husband, Manoj Pate, filed First Appe...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Attempt to Murder Case Due to Unreliable Witnesses and Lack of Corroboration. Acquittal of Accused Under Sections 307, 323, 143, 144, 147, 148, 504 IPC and Bombay Police Act Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

25 Jul 2016

The State of Maharashtra and the original complainant Vilas Shravan Patil filed appeals against the judgment and order dated 10th May 2013 passed by t...

High Court

High Court of Karnataka Grants Anticipatory Bail to Accused in Attempt to Murder Case — Prima Facie Case Not Made Out Against Petitioners. Court Allows Anticipatory Bail Under Section 438 Cr.P.C. for Offences Under Sections 307, 143, 147, 148, 323, 324, 448, 427, 504, 506 r/w 149 IPC.

7 Jul 2023

The petitioners, four individuals including members of Halakundi Gram Panchayat, filed a criminal petition under Section 438 of the Code of Criminal P...

High Court

High Court of Karnataka Dismisses State Appeal Against Acquittal in Attempt to Murder Case — Prosecution Fails to Prove Guilt Beyond Reasonable Doubt. Evidence of Injured Witnesses Found Unreliable and Contradictory, Leading to Confirmation of Acquittal Under Sections 307, 324, 323, 504, 506 read with 149 IPC.

16 Mar 2022

The State of Karnataka filed an appeal under Section 378(1) and (3) of the Code of Criminal Procedure, 1973 against the judgment of acquittal dated 25...

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