Search Results for "Strong and Cogent Evidence"

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Bombay High Court Allows Assessee's Appeal in Bogus Purchases Case — Disallowance of 10% Purchases Set Aside. ITAT's finding that AO's order was not based on cogent evidence required full deletion of addition, not partial disallowance.

The case involves three Income Tax Appeals filed by the Assessee, Ashok Kumar Rungta, challenging the ITAT's order dated August 9, 2017, which upheld ...

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Supreme Court Dismisses Appeal, Upholds Conviction for Murder and Causing Disappearance of Evidence in Child Murder Case. Circumstantial evidence including last seen, disclosure statement, and recovery of body held sufficient to prove guilt under Sections 302 and 201 IPC.

The case pertains to the murder of a 10-year-old girl named Soru Kharia (also known as Haru Kharia), who was adopted by Smt. Sumitra Panika, the mothe...

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Gujarat High Court Upholds Acquittal in Rape Case Due to Unreliable Prosecutrix Testimony and Material Contradictions. Appeal under Section 378 CrPC Dismissed as Trial Court's Findings Not Perverse.

The State of Gujarat filed an appeal under Section 378(1) and (3) of the Code of Criminal Procedure, 1973, challenging the judgment dated 25.04.2003 p...

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Bombay High Court Dismisses Petition Challenging Demolition Order for Unauthorized Extensions in Commercial Premises. Petitioners Failed to Show Any Sanctioned Plan or Permission for Structures on Compulsory Open Space Under Section 55 of Maharashtra Regional and Town Planning Act, 1966.

The petitioners, occupants and owners of shops in Dattani Shopping Centre, Mumbai, challenged an order dated 14 January 2011 passed by the Assistant M...

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Supreme Court Acquits Accused in NDPS Case Due to Non-Compliance with Sampling Procedure. Recovery of 100 grams smack fails as prosecution did not prove samples were drawn from entire contraband and seals were not properly affixed, violating Sections 8 and 21 of NDPS Act.

The appellant, was convicted by the Trial Court under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for all...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Dying Declaration and Lack of Motive. Conviction under Section 302 r/w 34 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellants, Gangadhar Krishna Pukale, Krishna @ Pappu Gangadhar Pukale, and Jamunabai Krishna Pukale (since abated), were convicted by the Ad-Hoc ...

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Supreme Court Quashes Summons Against Accused Not Named in Police Report Under Section 190(1)(b) CrPC. Magistrate Cannot Summon Persons Not Named in Police Report or Column (2) of Report, Proper Course is Under Section 319 CrPC After Evidence Collection.

The Supreme Court addressed an appeal concerning the power of a Magistrate to summon an individual not named in a police report under Section 190(1)(b...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Failure to Prove Guilt Beyond Reasonable Doubt. Conviction under Section 302 IPC Set Aside as Prosecution Witnesses Turned Hostile and Circumstantial Evidence Was Insufficient.

The appellant, Bandu Ramu Phadvale, was convicted by the Extra Joint Adhoc Additional Sessions Judge, Thane, for the murder of his cousin Vijay Chinta...

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Supreme Court Acquits Accused in Robbery Case Due to Unreliable Disclosure Statement and Lack of Corroborative Evidence. Conviction under Sections 392 and 397 IPC Set Aside as Recovery of Common Articles and Hostile Witnesses Failed to Establish Guilt Beyond Reasonable Doubt.

The appeal arose from a robbery case where the appellant was convicted under Sections 392 and 397 of the Indian Penal Code, 1860 (IPC) by the Trial Co...