Search Results for "burden under Section 106"

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Supreme Court Upholds High Court's Quashing of State Order Transferring Idol Theft Cases to CBI. Court holds that transfer of investigation without consulting the investigating officer and without court's approval was improper.

The State of Tamil Nadu appealed against the Madras High Court's judgment dated 30.11.2018, which quashed the State Government's order dated 01.08.201...

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High Court of Bombay Quashes Conviction of Seven Accused in Murder-Robbery Case for Non-Compliance of Section 313 CrPC. Failure to Provide Proper Opportunity to Explain Incriminating Circumstances Under Code of Criminal Procedure, 1973 Vitiates Trial.

The High Court of Bombay heard five criminal appeals arising from the conviction of seven accused under Section 396 read with Section 34 of the Indian...

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High Court of Judicature at Bombay Hears Interim Injunction Application in Trademark Infringement Suit Concerning 'REGAL' Footwear Mark. Registered Proprietor Seeks Injunction Against Identical Mark Used by Defendant for Footwear Retail, Raising Prior Use and Acquiescence Defences.

The dispute arose in the Commercial Division of the Bombay High Court in a suit for trademark infringement and passing off concerning the mark 'REGAL'...

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Bombay High Court Acquits Accused in Murder Case Based on Circumstantial Evidence — Failure to Prove Chain of Circumstances. Conviction under Section 302 IPC set aside as prosecution failed to establish motive, last seen theory, and recovery of weapon beyond reasonable doubt.

The appellant, Parshuram Shankar Uike, was convicted by the Additional Sessions Judge, Amravati for the murder of his wife Gajri Uike under Section 30...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India.

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Evidence and Inconsistent Witness Testimony. Conviction under Section 302 IPC set aside as prosecution failed to prove homicidal death beyond reasonable doubt.

The appellant, Sambhaji Pachare, was convicted by the trial court under Sections 302 and 201 of the Indian Penal Code for the murder of his wife, Shal...

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High Court of Karnataka Considers Quashing of Criminal Proceedings in Alleged Rape Case; Consensual Relationship and Dominance Allegations Under Scrutiny. Court Examines Whether Consent Was Obtained by Force, Fraud, or Deceit in Sexual Offences Under Sections 376 and Others of IPC, 1860.

The criminal petition was filed under Section 482 of Cr.P.C. seeking quashing of proceedings in C.C.No.109/2022 pending before JMFC-II, Shivamogga, ar...

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High Court of Bombay Dismisses Appeal of Husband and Family and Upholds Conviction for Murder and Cruelty. Circumstantial Evidence Including Medical Report and Accused's Conduct Established Guilt Under Section 302 IPC, While Dowry Demand Supported 498A Conviction; Criminal Intimidation Charges Set Aside.

The case arose out of the death of a young married woman, Varsha, who died within five months of her marriage to appellant no.1 Milind Bankar. Varsha ...

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Supreme Court Allows Reversioners' Suit for Possession Against Tenant of Life Tenant. Life Tenant's Lease Does Not Survive Her Death; Tenant Becomes Trespasser.

The appeal arises from a judgment of the High Court of Punjab and Haryana in a second appeal, which reversed the trial court's decree for possession i...