Search Results for "Strong and Cogent Evidence"

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 not rebutted by accused.

The appellant, Dr. Kailash Charkha, was the original complainant in Summary Criminal Case 160 of 2004 before the Judicial Magistrate First Class, Wash...

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High Court of Karnataka Dismisses Second Appeal in Easement Case — Cart Way Existence Upheld Based on Evidence. The court held that the first appellate court's finding of a cart way over defendant's land was based on proper appreciation of evidence and could not be interfered with under Section 100 CPC.

The case involves a dispute over an easementary right of way. The plaintiffs, who owned five strips of land in Sy. No. 15, claimed a cart way existed ...

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Supreme Court Acquits Accused in Murder Case Due to Unreliable Evidence and Contradictions in Prosecution Version. Conviction Under Sections 148, 302/149 and 324/149 Indian Penal Code, 1860 Set Aside as Dying Declaration Was Unreliable and Witness Testimony Contradictory.

The Supreme Court considered an appeal challenging the conviction and life imprisonment sentence imposed on the appellants for murder under Sections 1...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Dying Declarations and Lack of Corroboration. Conviction under Sections 302, 323, 494 read with Section 34 IPC set aside as dying declarations were inconsistent and not corroborated by medical evidence.

The appellants, Shobha Jahangir Shinde and Jahangir Srirang Shinde, were convicted by the Additional Sessions Judge, Solapur, for offences under Secti...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — No Substantial Question of Law Arises. Concurrent findings of fact regarding joint family status and limitation cannot be interfered with under Section 100 CPC.

The appellants, along with one Ramappa, filed a suit for declaration, partition, and separate possession of suit schedule properties, alleging the exi...

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Bombay High Court Upholds Conviction of Senior Clerk for Bribery in Pension Case, Acquits Head Clerk Due to Lack of Demand Proof. Accused No.2 convicted under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 for demanding and accepting Rs.2000 bribe for processing pension proposal.

The case involves two appeals arising from a common judgment of the Special Judge (Anti-Corruption), Pune, in Special Case No.53 of 2015. The State of...

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Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case — Reverses Acquittal Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

The case involves two criminal appeals filed by the original complainant, Sandeep Shirodkar, against the acquittal of the accused, Shankar Dhawaskar, ...

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High Court of Karnataka Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unreliable Witnesses. Conviction under Sections 302, 201, 498A IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Sri Ramakrishna, was convicted by the Fast Track Court-V, Madhugiri in S.C. No. 67 of 2011 for offences punishable under Sections 302, ...

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Bombay High Court Cancels Bail in NDPS Case — Commercial Quantity of Opium Determined by Total Weight, Not Morphine Content. The court held that the Special Judge erred in calculating morphine content to bring the quantity below the commercial threshold, and the bar under Section 37 of NDPS Act applies.

The Union of India filed an application for cancellation of bail granted to the respondents (original accused) by the Special Judge (NDPS Act), Pune, ...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Victim Testimony and Lack of Medical Corroboration. Conviction under Sections 4 and 8 of POCSO Act, 2012 set aside as medical evidence did not support penetration and delay in FIR was unexplained.

The appellant, Ganesh Kisan Navale, was convicted by the Special Judge under the Protection of Children from Sexual Offences Act, 2012 (POCSO) for sex...