Search Results for "Re-examination"

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Search Results for "Re-examination"

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High Court

Bombay High Court Quashes Reassessment Notices for Lack of Reasonable Belief of Income Escapement — Section 148 Income Tax Act, 1961. Reopening of assessments based on mere change of opinion without tangible material is invalid.

21 Dec 2016

The petitioner, Amar Hotchand Nagpal, a finance and estate broker, challenged three notices dated 23rd September 1997 issued under Section 148 of the ...

High Court

Bombay High Court Upholds Life Sentence for Husband in Murder by Burning Case — Dying Declaration Found Credible. Conviction under Section 302 IPC for murder of wife by setting her on fire sustained as dying declaration recorded by Executive Magistrate was reliable and corroborated by medical evidence.

20 Apr 2016

The appellant, Dilip Sonawane, was convicted under Section 302 IPC for the murder of his wife Sonabai by setting her on fire. The incident occurred on...

High Court

Bombay High Court Dismisses Bail Application of Accused in UAPA Case on Grounds of Parity and Merits. Parity with co-accused granted bail is not a valid ground when the applicant's role is distinct and the first bail application was rejected on merits.

23 Dec 2015

The applicant, Dr. Gokarakonda Naga Saibaba, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking bail i...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 Notice. Failure to Inform Appellant of Right to Search Before Magistrate or Gazetted Officer Renders Recovery of Contraband Illegal and Conviction Unsustainable.

12 Oct 2015

The appellant, Ms. Naomi Banda, a Zambian national, was convicted by a Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

High Court

Bombay High Court Partially Allows Appeal in Criminal Conspiracy and Assault Case — Conviction of Appellant No.1 for Obscene Acts and Extortion Set Aside Due to Lack of Evidence, While Conviction for House Trespass and Wrongful Confinement Upheld for All Appellants. The court held that the prosecution failed to prove criminal conspiracy under Section 120B IPC and that the convictions under Sections 292, 385, and 355 IPC were not sustainable for appellant no.1.

14 Jul 2015

The appellants, Raju @ Ajit Sarfraj Tadvi, Shantaram Manil Sonawane, and Dhanraj Parashuram Chaudhari, were prosecuted for various offences under the ...

High Court

Bombay High Court Acquits Accused in Corruption Case Due to Lack of Corroboration and Unreliable Witnesses. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988.

9 Jul 2015

The appellant, Bhimrao s/o Kondiram Wahule, was convicted by the Special Judge, Jalna, in Special Case No. 15 of 1996 for offences under Sections 7, 1...

High Court

Bombay High Court Allows Writ Petition Challenging Denial of Promotion and Seniority in MIDC — Petitioner Granted Deemed Date of Promotion with Consequential Benefits. Court Holds That Sealed Cover Procedure Cannot Be Applied When No Punishment Is Imposed and That Promotion Must Be Granted from the Date of Eligibility.

8 May 2015

The petitioner, Prabhakar Jagguji Rangari, joined the Maharashtra Industrial Development Corporation (MIDC) in 1978 as an Overseer and was promoted th...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case. Acquittal of Accused for Murder and Cruelty Under Sections 302 and 498A IPC Confirmed Due to Lack of Evidence of Dowry Demand and Homicidal Death.

9 Feb 2015

The State of Maharashtra appealed against the judgment and order dated 28th November 1996 passed by the Additional Sessions Judge, Jalna, acquitting t...

High Court

Bombay High Court Quashes Magistrate's Order Allowing Further Witness Examination in PCPNDT Act Case — Order Lacks Reasons and Justification. The court held that an order granting permission to examine further witnesses must record reasons and consider necessity, and mere compensation by costs is insufficient.

13 Jan 2015

The applicants, Dr. Kishor Uttamrao Hantodkar and Dr. Smita Kishor Hantodkar, medical practitioners, challenged an order dated 17/6/2013 passed by the...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court held that the appellants failed to prove their title over the suit property and that the sale deed executed by the original owner in favor of the respondents was valid.

23 Dec 2014

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of agricultural land. They claimed ...

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