Search Results for "re-trial"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "re-trial"

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High Court

High Court of Karnataka Allows Miscellaneous Second Appeal Against Remand Order — Sets Aside First Appellate Court's Remand for Lack of Proper Reasoning. The Court held that a remand order under Order XLI Rule 23-A CPC must record satisfaction that the judgment is reversed and retrial is necessary, and cannot be passed without setting aside findings on all issues.

6 Aug 2025

The present appeal is a Miscellaneous Second Appeal filed by the 2nd defendant in a suit for declaration and permanent injunction, challenging the ord...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations. Conviction under Section 302 IPC set aside as dying declarations lacked consistency and corroboration, failing to prove guilt beyond reasonable doubt.

19 Dec 2023

The appellant, Nasib Osman Pathan, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his wife, Seema, by setting her on...

High Court

Bombay High Court Dismisses Revision Against Acquittal in Dowry Death Case — No Interference with Well-Reasoned Acquittal. Dying Declarations Found Inconsistent and Unreliable; Prosecution Failed to Prove Offences Under Sections 302, 498-A, 306 IPC.

20 Jan 2023

The petitioner, father of the deceased, filed a criminal revision application challenging the judgment and order of acquittal dated 21.04.2007 passed ...

High Court

Bombay High Court Dismisses Revision Against Acquittal in Murder Case Due to Lack of Credible Evidence. Complainant Failed to Prove Guilt Beyond Reasonable Doubt Under Sections 147, 148, 302 read with 34 IPC.

16 Dec 2022

The case arises from a criminal revision application filed by the complainant, Abdul Rasheed, against the acquittal of the accused persons in Sessions...

High Court

Bombay High Court Dismisses State's Appeal in MVAT Case — Tribunal's Liberal Interpretation of Section 23(5) Upheld for Concessional Tax Rate on C Forms. The court held that the Tribunal was justified in allowing the respondent's claim for concessional rate of tax under Section 23(5) of the MVAT Act, 2002, even though the claim was not part of the original assessment order.

8 Sep 2022

The State of Maharashtra filed an appeal under Section 27 of the Maharashtra Value Added Tax Act, 2002 (MVAT Act) challenging the judgment of the Maha...

High Court

Bombay High Court Quashes Supplementary Charge Sheet Against Petitioner in Corruption Case — Double Jeopardy Barred Under Section 300 CrPC as Petitioner Was Already Acquitted of Same Offence Based on Same Facts.

23 Jun 2022

The petitioner, Sanjay Janardan Dukre, filed a Criminal Writ Petition before the Bombay High Court seeking quashing of a supplementary charge sheet fi...

Supreme Court

Supreme Court Allows Appeals in Food Adulteration Case: Remand Order Set Aside for Violation of Natural Justice. High Court's order setting aside conviction and ordering retrial against company without notice violates Section 401(2) CrPC.

1 Jan 2020

The Supreme Court allowed two appeals arising from a High Court order that set aside the conviction of a nominated officer of Hindustan Unilever Limit...

Supreme Court

Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

19 Nov 2019

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit for Want of Proof of Readiness and Willingness. Plaintiff Failed to Aver and Prove Continuous Readiness and Willingness Under Section 16(c) of the Specific Relief Act, 1963.

15 Feb 2019

The appellant, Mehboob-ur-Rehman (since deceased, represented by legal representatives), filed a suit for specific performance of an agreement to sell...

Supreme Court

Supreme Court Dismisses Lessor's Appeal Against Dismissal of Counterclaim for Eviction and Rent in Lease Dispute — Presidency Small Cause Courts Act, 1882 Section 41 Bars Counterclaim in High Court Original Suit for Specific Performance.

31 Jan 2019

The Supreme Court dismissed appeals by the legal representatives of Mahadev P. Kambekar (original defendant/lessor) against the judgment of the Bombay...

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