Search Results for "Distinct offences"

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Bombay High Court Allows Appeal Under Section 378(4) CrPC in Section 138 NI Act Case - Appeal Against Acquittal in Private Complaint Lies Under Section 378(4) CrPC, Not Proviso to Section 372 CrPC

The case involved a reference to a larger bench to resolve a conflict regarding the maintainability of an appeal against acquittal in a prosecution un...

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Bombay High Court Acquits 18 Accused in Murder Case Due to Unlawful Assembly and Common Object Not Proved — State Appeals Dismissed. Conviction under Sections 302, 307, 143, 147, 148, 149, 324, 326, 427, 504, 506 IPC set aside as prosecution failed to establish common object and individual overt acts.

The judgment pertains to three connected criminal appeals arising from a single incident of murder and rioting. The appellants (original accused nos. ...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Compromise Cheque Dishonour Constitutes Separate Offence. Settlement of earlier cheques does not discharge liability under a fresh cheque issued as part of the compromise.

The appellant, Prabhakar Gaidhane, filed a criminal appeal against the acquittal of the respondent, Nivruti Kamdi, by the Judicial Magistrate, First C...

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Gujarat High Court Acquits Accused in Murder Case Due to Lack of Intent and Sudden Provocation. Conviction under Section 302 IPC set aside as the incident arose from a sudden quarrel without premeditation, reducing culpability to culpable homicide not amounting to murder.

The appellant, Raval Shaileshbhai Rameshbhai, was convicted under Section 302 of the Indian Penal Code (IPC) by the learned Sessions Judge, Mahesana, ...

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Bombay High Court Quashes Detention Order in MPDA Act Case for Non-Application of Mind. Preventive Detention Invalid as Detaining Authority Failed to Consider Detenu's Bail Status in Pending Criminal Cases.

The petitioner, Kiran Dhanraj Kharat, challenged a detention order dated 13 December 2017 issued by the Commissioner of Police, Pune, under the Mahara...