Search Results for "burden under Section 106"

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Bombay High Court Allows Petition by Employer Challenging Labour Court Award of Reinstatement with Full Back Wages. Termination of Employee Held to be Voluntary Resignation Based on Relieving Letter and Absence of Coercion.

The petitioners, M/s. S.K.International (a partnership firm) and its partner Chirag Kenia, challenged an Award dated 12 July 2022 passed by the Labour...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Secret information not reduced to writing and sent to superior officer, and accused not informed of right to be searched before Magistrate or Gazetted Officer, leading to acquittal.

The case involves two criminal appeals filed by three appellants convicted under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances ...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Acquittal Based on Fiduciary Relationship. Concurrent Findings of Fact Cannot Be Upset in Revision Without Perversity; Presumption Under Section 139 NI Act Applies Even Between Fiduciaries.

The appellant-complainant, Bir Singh, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent-accu...

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Bombay High Court Allows Cross-Examination in Customs Show Cause Proceedings - Right to Cross-Examine Witnesses Whose Statements Are Relied Upon Is a Fundamental Principle of Natural Justice

The petitioner, Kalpena Industries Limited, a company incorporated under the Companies Act, 1956, engaged in manufacturing polyethylene/polypropylene ...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations. Conviction under Section 302 IPC Set Aside as Dying Declarations Contradicted Each Other and Medical Evidence Did Not Support Prosecution Case.

The appellant, Navin Bhimrao Bansode, was convicted by the trial court under Sections 302, 323 and 506 of the Indian Penal Code for the murder of his ...

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High Court of Judicature at Bombay Bench at Aurangabad Delivers Judgment in Criminal Appeal No. 525 of 2011. The judgment addresses the legality of conviction under Sections 302, 304B, 498A, and 201 IPC for dowry-related murder based on circumstantial evidence.

This criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 was filed before the High Court of Judicature at Bombay, Aurangabad ...

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Bombay High Court Upholds Conviction for Murder and Destruction of Evidence in Circumstantial Evidence Case. Last Seen Theory and Recovery of Incriminating Articles Sufficient to Convict Under Sections 302 and 201 IPC.

The appellant, Ashish Burange, was convicted by the Additional Sessions Judge, Kopargaon, for the murder of Pushpa Pande, a 59-year-old spinster and r...

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Bombay High Court Upholds Conviction of Husband for Murder and Cruelty in Bride Burning Case — Acquittal of Co-Accused for Dowry Death Upheld. Dying declaration of deceased wife found reliable and corroborated; demand of dowry not proved to be 'soon before death' under Section 304B IPC.

The case involves two appeals arising from the judgment of the Additional Sessions Judge, Malegaon, in Sessions Case No. 26 of 2009. The appellant, Sa...

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High Court Acquits Appellant in Murder Case Based on Weak Circumstantial Evidence. Conviction Under Section 302 IPC Set Aside as Prosecution Failed to Prove Last Seen and Motive, and Improperly Relied on Section 106 Indian Evidence Act.

The case arose from a criminal appeal filed by Ulhas Sudam Gorhe against his conviction for murder under Section 302 of the Indian Penal Code. The app...