Search Results for "section 397"

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Search Results for "section 397"

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High Court

High Court of Karnataka Upholds Conviction in Cheque Dishonour Case — Accused Failed to Rebut Presumption Under Section 139 NI Act. Concurrent findings of fact by lower courts not interfered with as accused's mere denial of debt insufficient to rebut statutory presumption.

29 Oct 2021

The case involves a criminal revision petition filed by the accused, Sri N. Jagadeesh, against his conviction under Section 138 of the Negotiable Inst...

High Court

Gujarat High Court Dismisses State's Revision Against Acquittal in Food Adulteration Case Due to Non-Compliance with Mandatory Sampling Procedure. Failure to Follow Rule 14 of Prevention of Food Adulteration Rules, 1955 Renders Conviction Unsustainable.

11 Feb 2026

The State of Gujarat filed a criminal revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challengin...

High Court

Gujarat High Court Allows Wife's Revision Against Rejection of Maintenance Under Section 125 CrPC — Holds That Mere Educational Qualification Does Not Disentitle a Wife to Maintenance If She Is Unemployed and Unable to Maintain Herself. The Court set aside the Family Court's order which had rejected maintenance solely on the ground that the wife holds an MBA degree and is capable of earning, without any evidence of actual income.

30 Mar 2026

The applicant wife filed a criminal revision application under Sections 397 read with 401 of the Code of Criminal Procedure, 1973, challenging the jud...

High Court

Bombay High Court Upholds Relief from Lis Pendens in Specific Performance Suit — Transfer of Property Act Section 52. Court allows defendant to be relieved from lis pendens upon deposit of Rs.8 lakhs, balancing plaintiff's claim with defendant's right to deal with property.

9 Oct 2013

The appeal arises from a judgment of a learned Single Judge dated 13 September 2013 in a motion taken out by the Appellant, the original Plaintiff, du...

High Court

Bombay High Court Considers Appeals Against Conviction for Robbery and Receiving Stolen Property — Identification and Recovery Evidence Under Scrutiny. Trial Court Convictions Under Sections 394 and 411 IPC Challenged; Court Examines Reliability of Test Identification Parade and Dock Identification of Ornaments.

18 Aug 2017

The judgment arises from two criminal appeals before the Bombay High Court against convictions recorded by the Additional Sessions Judge, Pune in Sess...

High Court

Bombay High Court Dismisses Revision Against Refusal to Discharge Accused in CBI Bank Fraud Case — Prima Facie Case of Criminal Conspiracy and Forgery Made Out. The court held that at the stage of framing of charges under Section 227 CrPC, the court need not weigh evidence meticulously; allegations of instructing employee to open accounts for accommodation entries constitute sufficient ground for proceeding under Sections 120B, 420, 465, 467, 468, 471 IPC.

6 Dec 2021

The applicant, Kalpesh Jayram Koshti, filed a Criminal Revision Application under Section 397 read with Section 401 of the Criminal Procedure Code, 19...

High Court

High Court of Bombay at Aurangabad Allows Complainant's Petition in Negotiable Instruments Act Case — Reinstates Magistrate's Order for Examination of Complainant's Witness. The court held that the revisional court exceeded its jurisdiction by interfering with the magistrate's discretion to recall a witness under Section 311 CrPC without proper justification.

11 Dec 2019

The petitioner, original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged the judgment of the Addition...

High Court

Bombay High Court Quashes Criminal Proceedings Against Former Director in Cheque Dishonour Case — Resignation Prior to Cheque Issuance Absolves Vicarious Liability Under Section 138 of Negotiable Instruments Act, 1881. The court held that uncontroverted resignation documents must be considered at the initial stage and that a person who resigned before the cheques were issued cannot be held vicariously liable.

27 Feb 2014

The applicant, Satish Menon, was accused No.5 in Criminal Complaint Case No. 8288/2010 pending before the Judicial Magistrate First Class, Nagpur, for...

High Court

Bombay High Court Dismisses Revision Against Rejection of Discharge in Coal Theft Case — Prima Facie Case Made Out for Criminal Conspiracy and Misappropriation. Court holds that at the stage of framing of charges, the court is required to consider the broad probabilities of the case and the material on record, and not to conduct a mini-trial.

25 Feb 2016

The applicants, Prabhakar S/o Rupnarayan Jha and Bingumall Ramnaiah, filed a criminal revision application under Section 397 read with 401 of the Code...

High Court

Gujarat High Court Acquits Accused in Arms Act Case Due to Lack of Ballistic Report and Independent Witness. Conviction under Section 25(1-B) of Arms Act, 1959 set aside as prosecution failed to prove weapon was a firearm beyond reasonable doubt.

30 Mar 2026

The applicant, Babu Fakira Koli, was convicted by the JMFC, Naliya, District Kachchh, in Criminal Case No.423 of 2013 for an offence under Section 25(...

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