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Gujarat High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — No Evidence of Abetment to Suicide or Cruelty. Acquittal upheld as prosecution failed to prove that the deceased was subjected to cruelty or that the accused instigated suicide under Sections 498A, 306, 506(1) IPC.

The State of Gujarat appealed against the acquittal of Shaikh Ismailbhai Ajitbhai (respondent-accused) by the Additional Sessions Judge, Ahmedabad in ...

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High Court of Karnataka Allows Appeal in Trust Property Dispute — Order of Temporary Injunction Set Aside for Non-Compliance with Order 39 Rule 3 CPC. Court holds that ex-parte injunction granted without recording reasons or issuing notice is unsustainable.

The appellants, who were defendants in a suit filed by the respondent trust, challenged an ex-parte ad-interim order of temporary injunction granted b...

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High Court of Karnataka Allows Writ Petition Challenging Remand Order in Private Complaint Case. The court held that once cognizance is taken and process issued under Section 204 CrPC, the Magistrate cannot be directed to conduct a re-enquiry under Section 202 CrPC.

The petitioner, Mrs. Jessie Mary Fernandes, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 0...

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High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Order Rejecting Plaint Under Order 7 Rule 11 CPC Set Aside. Court Held That Plaint Discloses a Cause of Action and Cannot Be Rejected at Threshold When Triable Issues Exist.

The petitioners (plaintiffs) filed a suit for declaration and injunction in O.S. No. 4909/2018 before the II Additional City Civil and Sessions Judge,...

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High Court of Karnataka Allows Appeal in Insurance Nomination Dispute — Mother of Deceased Policyholder Entitled to Insurance Proceeds as Nominee Under Section 39 of Insurance Act, 1938. Nominee is a Trustee, Not Beneficial Owner; Suit for Declaration and Injunction by Legal Heirs Not Maintainable.

The appellant, Smt. Yashodha, is the mother and nominee of the deceased policyholder, Sri Rohith S, who died intestate. The respondents, Smt. Rashmi J...

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Bombay High Court Quashes Transfer Order of Chief Engineer in MSETCL for Non-Compliance with Transfer Policy. Transfer of Employee Mid-Academic Year Without Considering Family Circumstances Violates Principles of Natural Justice and Departmental Transfer Guidelines.

The petitioner, Sanjay Tulshiram Shinde, a Chief Engineer with Maharashtra State Electricity Transmission Co. Ltd. (MSETCL), challenged an office orde...

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High Court of Karnataka Quashes Cognizance Order Against Public Servants in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 19 PC Act. Sanction for Prosecution of Public Servants is Mandatory for Acts Done in Discharge of Official Duty.

The case involves two criminal revision petitions filed by the petitioners (accused No.2, 3 and 4) challenging the order dated 13.4.2012 passed by the...

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High Court declined to Quash Addition of Section 498A IPC Charge in 10-Year-Old Suicide Case -- Prosecution Application Under Section 216 CrPC Held Maintainable

The petitioners, accused in a case under Section 306 IPC for abetment of suicide, challenged an order adding a charge under Section 498A IPC at the fa...