Search Results for "inconsistent defences"

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Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...

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High Court Dismisses Appeal in POCSO Act Case -- Appellant Convicted for Sexual Assault on Minor Under IPC Section 376(2)(f)(i) and POCSO Act Sections 5(i), 5(m), 5(p) -- Life Imprisonment and Fine Upheld Based on Victim's Credible Testimony and Medical Evidence

The High Court dismissed criminal appeal challenging conviction for sexual assault on minor -- Appellant was convicted by trial court under Section 37...

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Supreme Court Quashes Charges Against Appellant in SC/ST Act Case Due to Lack of Prima Facie Evidence -- Investigation Upheld but Charges Under IPC and SC/ST Act Found Unsustainable

The Supreme Court examined an appeal challenging the High Court's dismissal of the appellant's discharge application -- The case originated from FIR N...

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Bombay High Court Dismisses Probate Suit for Alleged Will of 1975 Due to Non-Prosecution and Failure to Prove Execution. The court held that the propounder must prove due execution and attestation under Section 63 of the Indian Succession Act, 1925, and failure to lead evidence results in dismissal.

The suit was filed by the plaintiffs, who were great grandsons and other relatives of the deceased, seeking probate of an alleged Will dated 3rd Janua...

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Bombay High Court Allows Landlord's Revision Against Reversal of Eviction Decree in Rent Default Case. Tenant's Willful Default Established Despite Claim of Payment Through Money Orders.

The case involves a civil revision application filed by the landlord, Anant Tulshiramji Bajaj, against the judgment and decree of the Principal Distri...

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Bombay High Court Acquits Stepfather in Rape Case Due to Inconsistent Evidence and Delayed FIR. Conviction under Sections 376 and 506(2) IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Shamim Anwar Khan, was convicted by the Additional Sessions Judge, Thane for offences under Sections 376 and 506(2) of the Indian Penal...

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Bombay High Court Dismisses Suit for Declaration of Trust and Accounts Against Bank in Palm Oil Import Dispute. Consent Decree in Prior Suit Bars Plaintiff from Claiming Sale Proceeds as Trust Property.

The plaintiffs, Bajranglal Anilkumar Jaju and Hitesh Anilkumar Jaju, filed Suit No. 824 of 1980 against The Vyasya Bank Ltd. seeking a declaration tha...

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Bombay High Court Acquits Talathi in Corruption Case Due to Inconsistent Evidence and Lack of Proof of Demand. Conviction under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to establish demand and acceptance of bribe beyond reasonable doubt.

The appellant, Vikas Baburao Marathe, a Talathi (revenue officer), was convicted by the Special Judge, Jalgaon, for offences under Sections 7 and 13(1...

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Bombay High Court Allows Second Appeal in Agricultural Tenancy Dispute — Trial Court Erred in Not Framing Tenancy Issue Despite Pleadings. The Agricultural Tenancy Act, 1964 being a welfare legislation, no contract can waive a tenant's rights, and courts must consider its provisions.

The case involves a second appeal before the Bombay High Court at Goa arising from a dispute between the appellants (original defendants) and the resp...

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Bombay High Court Dismisses Testamentary Petition for Probate Due to Lack of Jurisdiction and Non-Prosecution. The court held that the petitioner failed to establish the deceased's domicile in Maharashtra and did not pursue the petition diligently, resulting in dismissal.

The case involves a testamentary petition filed by Arnold Samson of Sweden, claiming to be the only son and sole heir of the deceased, seeking probate...