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KAHC010300082015_1

The appeal arose from the conviction of two public servants employed in the Bangalore Water Supply and Sewerage Board (BWSSB) for demanding and accept...

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Supreme Court Dismisses Appeal of Candidate Denied District Judge Post Due to Pending Criminal Case. Acquittal After Selection Process Does Not Entitle Automatic Appointment; Employer Has Right to Assess Suitability Based on Character and Conduct.

The appellant, Anil Bhardwaj, applied for the post of District Judge (Entry Level) in the Madhya Pradesh Higher Judicial Service pursuant to an advert...

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Bombay High Court Quashes Second Prosecution in Gutkha Case on Principle of Autrefois Acquit — Section 300 CrPC Bars Retrial for Same Incident. Acquittal in First Trial for IPC and FSS Act Offences Arising from Same Transaction Precludes Second Trial.

The petitioner, Sachin Shantilal Bhansali, ran a Pan Center in Malkapur, Buldhana. On 27/01/2014, a Food Safety Officer lodged a complaint alleging th...

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Supreme Court Acquits Accused in Army Captain Murder Case Due to Unreliable Identification and Procedural Lapses. High Court's Reversal of Acquittal Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Section 304 Part II IPC.

The appeal arose from a judgment of the Bombay High Court dated 18 March 2006, which reversed the trial court's acquittal of the appellant, Raju Ambad...

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Supreme Court Allows State Appeal in Police Constable Dismissal Case — Reinstates Dismissal Despite Criminal Acquittal. Standard of Proof in Disciplinary Proceedings is Preponderance of Probabilities, Not Beyond Reasonable Doubt.

The appeal arises from a judgment of the Division Bench of the Rajasthan High Court which set aside the dismissal of the respondent, a police constabl...

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High Court of Karnataka Dismisses State Appeal Against Acquittal in Grievous Hurt Case — No Interference Warranted as Trial Court's Findings Are Plausible and Not Perverse. Appeal under Section 378(1) and (3) Cr.P.C. fails as prosecution evidence does not establish guilt beyond reasonable doubt.

The State of Karnataka filed an appeal under Section 378(1) and (3) of the Code of Criminal Procedure, 1973, challenging the judgment and order of acq...

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High Court Hears State Appeal Against Acquittal in Murder and Rioting Case; Revisional Power Under Section 401(3) CrPC Cannot Be Used to Convert Acquittal Into Conviction

This matter involves a state appeal under Section 378 of the Code of Criminal Procedure, 1973 and a revision application under Section 397 CrPC filed ...

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Supreme Court Dismisses Accused's Challenge to Delay Condonation in Appeal Against Acquittal Under Customs Act. High Court's Authority to Condonate Delay Upheld as Section 5 of Limitation Act, 1963 Applies to Appeals Under Section 378 CrPC Unless Expressly Excluded.

The dispute arose from an appeal against acquittal filed by the Directorate of Revenue Intelligence under Section 378 of the Code of Criminal Procedur...