Search Results for "Strong and Cogent Evidence"

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Bombay High Court Acquits Appellant in Murder Case Due to Lack of Direct Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC for strangulation of wife set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Nilesh Laxmikant Vyas, was convicted by the Additional Sessions Judge, Osmanabad, for the murder of his wife, Neha @ Pooja, under Secti...

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Supreme Court Upholds Conviction and Life Sentence of Accused in Quadruple Murder Case Under IPC and Arms Act. Conviction Based on Eyewitness Testimony of Injured Survivor and Recovery of Incriminating Articles, with Death Penalty Enhancement Denied as Case Not Rarest of Rare.

The Supreme Court dealt with criminal appeals arising from a gruesome murder case where four family members were killed and one injured. The appellant...

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Bombay High Court Upholds Conviction of Appellant for Rape of Mentally Ill 60-Year-Old Woman Under Section 376 IPC. Evidence of Incapacitated Victim and DNA Report Sufficient to Prove Guilt Beyond Reasonable Doubt.

The appellant, Ajmat Shaha @ Ajju Tayyab Shaha, was convicted by the Additional Sessions Judge, Akot, District Akola, for the offence punishable under...

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High Court of Karnataka Allows Appeal by Complainant Mother in POCSO Case — Acquittal of Accused Set Aside for Non-Examination of Material Witness. Trial Court's Failure to Summon the Victim's Father, a Key Witness, Rendered the Acquittal Unsustainable Under Section 372 CrPC.

The appellant, Smt. Rajavva, the mother of the victim, filed a criminal appeal under Section 372 of the Code of Criminal Procedure, 1973, challenging ...

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Bombay High Court Allows Writ Petitions Challenging Arbitral Award in Property Dispute — Award Set Aside for Violation of Natural Justice and Lack of Reasons. Court holds that an arbitrator must provide reasoned findings and cannot rely on unsubstantiated claims without evidence.

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award dated 30 June 2023 passed by a...

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Bombay High Court Upholds Acquittal in Cheating and Forgery Case Due to Lack of Evidence and Unreliable Witnesses. Complainant Failed to Prove That Accused Forged Documents or Cheated Him in Plot Sale Transaction Under Sections 420, 468, 471, 109 read with Section 34 IPC.

The case arises from a criminal revision application filed by the original informant, Sharad Bonde, and an appeal by the State of Maharashtra against ...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted; failure to show loan in income tax returns does not invalidate legally enforceable debt.

The appellant, Pushpa Sanchalal Kothari, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the acquitt...

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Bombay High Court Quashes Detention Order in MPDA Act Case for Non-Application of Mind — Failure to Consider Grant of Bail and Inadequate Material to Establish 'Habitual' Bootlegger

The petitioner, Kashinath Motiram Chavan, challenged a detention order dated 23 March 2021 passed by the Commissioner of Police, Solapur, under Sectio...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Reverses Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Sections 118 and 139 of NI Act Stands Unless Rebutted by Accused.

The appellant, Ashok Kumar, filed a complaint under Section 200 Cr.P.C. against the respondent, Parameshwara B.T., for the offence punishable under Se...