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Supreme Court Allows Appeals Against High Court Order Quashing Proceedings in Murder Conspiracy Case — Prima Facie Case of Fabricated Alibi Established. Police Officers Allegedly Created Bogus Excise Case to Shield Murder Accused, High Court Erred in Quashing Under Section 482 CrPC.

The Supreme Court allowed the appeals filed by the appellant, Om Prakash Yadav, against the judgment of the Allahabad High Court which had quashed cri...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

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High Court of Bombay at Goa Upholds Conviction of Appellant for Sexual Assault of Minor Boy Under Goa Children's Act, POCSO Act, and IPC Section 377. Victim's Credible Testimony and Medical Evidence Sufficient to Prove Penetrative Sexual Assault and Carnal Intercourse Against Order of Nature.

The appellant, Girish Shirodkar, was convicted by the Children's Court, Goa, for offences under Section 8(2) of the Goa Children's Act, 2003, Section ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Gang Rape Case — Inconsistent Victim Testimony and Lack of Corroboration Lead to Upholding of Acquittal Under Section 376(2)(g) IPC.

The State of Maharashtra appealed against the acquittal of five respondents (original accused) by the Additional Sessions Judge, Jalgaon, in Sessions ...

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Bombay High Court Grants Injunction in Trademark Infringement and Passing Off Case — Defendant's Logo Held Deceptively Similar to Plaintiff's Registered Logo. Well-known mark entitled to protection across classes under Trade Marks Act, 1999.

The Plaintiff, Reliance Industries Ltd., filed a suit seeking injunctive reliefs against the Defendant, Concord Enviro Systems Pvt. Ltd., alleging inf...

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High Court of Karnataka Dismisses BDA's Appeal in Property Injunction Suit — Upholds Trial Court's Finding of No Prima Facie Title. BDA Failed to Establish Ownership Over Suit Property as Revenue Records Showed Private Ownership, and No Acquisition Proceedings Were Proven.

The judgment arises from two connected Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and dec...

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High Court of Bombay at Goa Dismisses Revision Against Conviction for Rash Driving and Causing Death by Negligence. Conviction under Sections 279 and 304-A IPC Upheld Based on Consistent Eyewitness Testimony and Medical Evidence.

The petitioner, Domnic Luis, was convicted by the Judicial Magistrate, First Class, Margao, for offences under Sections 279 (rash driving) and 304-A (...

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Bombay High Court Dismisses Application for Amendment in Commercial IP Suit Due to Delay and Lack of Due Diligence. Amendment After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC as Plaintiffs Failed to Show They Could Not Have Raised the Matter Earlier.

The present Interim Application No. 752 of 2024 was filed by the original plaintiffs, Ramnish Verma and Finesse Fashions Pvt. Ltd., in a pending Comme...