Search Results for "Witness Competence"

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Bombay High Court Dismisses Appeals Challenging MPID Act Application in NSEL Scam Case — Held That MPID Act Applies to NSEL as a Financial Establishment and That Default in Repayment of Deposits Attracts Offences Under the Act.

The judgment arises from multiple criminal appeals and interim applications filed by various parties, including directors, brokers, and financial inst...

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Bombay High Court Acquits Accused in Corruption Case Due to Invalid Sanction and Unproven Demand. Sanctioning Authority's Lack of Competence and Failure to Prove Demand by Gesture Alone Lead to Acquittal Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

The case arose from a criminal appeal against the conviction of Shankar Babarao Mukkawar, a former Executive Engineer with the Maharashtra Jivan Pradh...

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Supreme Court Allows Claimant in Motor Vehicle Accident Case on Territorial Jurisdiction Grounds. Territorial Jurisdiction Objection Overruled as Procedural Under Section 166 of Motor Vehicles Act, 1988, Following Precedent in Malati Sardar v. National Insurance Company Ltd.

The appeal arose from a motor vehicle accident where the appellant's son died after being hit by a tractor driven recklessly by the first respondent. ...

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High Court of Karnataka Dismisses Petitions Challenging Special Joint House Committee on Nursing Education. Legislative Privilege Upheld as Committee Formation Not Found Unconstitutional.

The petitioners, Hyderabad Karnataka Nursing Management Association and Karnataka Nursing Institutions Management Association, filed writ petitions un...

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Supreme Court Dismisses Appeal in Criminal Complaint Case for Lack of Jurisdiction Under Section 195 CrPC. Private Complaint Not Maintainable for Offences Under Sections 191-192 IPC Committed in Judicial Proceedings.

The case arises from two criminal complaints filed by M/s Bandekar Brothers Pvt. Ltd. and another against Prasad Vassudev Keni and others under Sectio...

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Supreme Court Allows Appeal Against High Court's Direction to Frame Additional Charges Under Sections 406 and 420 IPC. High Court Exceeded Revisional Jurisdiction by Evaluating Evidence at Charge-Framing Stage Under Section 216 CrPC.

The appeal arose from a judgment of the High Court of Andhra Pradesh which allowed a revision petition filed by the fourth respondent (father-in-law o...

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High Court of Karnataka Quashes Criminal Proceedings Against Accused in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Notice sent to wrong address invalidates proceedings under Section 138 of NI Act.

The petitioners, accused Nos.4, 6, and 5 in C.C.No.5577/2012 pending before the IV Additional Chief Metropolitan Magistrate, Bengaluru, filed a petiti...

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High Court of Karnataka Quashes Complaint Against Accused No.4 in SC/ST Act Case for Lack of Hearing Under Section 340 Cr.P.C. — Opportunity of hearing is mandatory before making a complaint under Section 340 Cr.P.C. for offences relating to false evidence.

The petitioner, Liber A. Vaz, was working as a Second Division Assistant at the JMFC Court, Savanur. He was arrayed as accused No.4 in a case arising ...

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Bombay High Court Acquits Talathi in Corruption Case Due to Lack of Independent Witness and Inconsistent Evidence. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.

The appellant, Appasaheb Narayan Jadhav, a Talathi (public servant) in Dafalapur, Sangli, was convicted by the Special Judge, Sangli, for offences und...