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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Bombay High Court Allows Petition for Appointment as JMFC Despite Pending Criminal Case — Selection Committee's Opinion on Suitability Must Prevail Under Bombay Judicial Service Rules, 1956. Acquittal Operates Retrospectively, So Pending Case Cannot Be Ground for Denial.

The petitioner, Satyanarayan Sharma, a legal practitioner, applied for the post of Judicial Magistrate, First Class (JMFC) under the Bombay Judicial S...

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WRIT PETITION NO. 5563 OF 2022

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High Court of Karnataka Dismisses State Appeal Against Acquittal in Attempt to Murder Case — Prosecution Fails to Prove Guilt Beyond Reasonable Doubt. Evidence of Injured Witnesses Found Unreliable and Contradictory, Leading to Confirmation of Acquittal Under Sections 307, 324, 504 r/w 34 IPC.

The State of Karnataka, through the Kavoor Police Station, filed an appeal under Section 378(1) and (3) of the Criminal Procedure Code, 1973, challeng...

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Supreme Court Allows Appeal in Possession Suit, Restores Concurrent Findings of Trial and First Appellate Court. High Court's Reversal Set Aside for Reappreciating Evidence Beyond Second Appeal Scope Under Section 100 CPC.

The case involves a dispute over possession of agricultural land. The plaintiff, Rajendra Kumar Gupta, filed a suit for recovery of possession based o...

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Supreme Court Upholds Conviction for Murder Based on Dying Declarations and Medical Evidence. The Court held that consistent dying declarations and medical evidence were sufficient to sustain conviction under Section 302 IPC despite hostile witnesses.

The case involves the conviction of Dayaram and Parsu Yadav (appellants) under Section 302 of the Indian Penal Code, 1860 for the murder of Ghansu Yad...