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High Court Hears State Appeal Against Acquittal in Murder and Rioting Case; Revisional Power Under Section 401(3) CrPC Cannot Be Used to Convert Acquittal Into Conviction

This matter involves a state appeal under Section 378 of the Code of Criminal Procedure, 1973 and a revision application under Section 397 CrPC filed ...

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Supreme Court Allows Partial Re-Trial in Criminal Case for Violation of Section 273 CrPC — Accused Not Present During Examination of 12 Witnesses

The Supreme Court considered appeals against the High Court's order directing a partial re-trial in a murder case where 12 prosecution witnesses were ...

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Bombay High Court Upholds Will in Testamentary Suit, Finds No Forgery or Undue Influence. Sister Propounds Will of Deceased Brother; Wife's Challenge Fails as Execution and Attestation Proved Under Indian Succession Act, 1925.

The judgment concerns two testamentary suits arising from the death of Mahendra Premchand Shah. The petitioner in Testamentary Suit No.127 of 2010, Ma...

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Karnataka High Court Reserves Judgment on Default Bail in POCSO Case — Issues Framed on Section 193(2) BNSS. The Court Examines Whether Non-Completion of Investigation Within 60 Days Entitles Accused to Statutory Bail Despite 90-Day Limit Under Section 187(3)(i) BNSS.

The case arose from a writ petition under Articles 226 and 227 of the Constitution of India and Section 528 of the BNSS, challenging orders denying de...

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Supreme Court Examines Culpability for BMW Hit-and-Run: State Appeals Against High Court's Reduction of Conviction from Section 304 Part II to Section 304A IPC. The Core Issue is Whether the Accused Had Knowledge of Likely Death to Attract the Graver Offence.

The case arose from a fatal motor accident involving a BMW car driven by the respondent, Sanjeev Nanda, on the night of 9/10 January 1999 in New Delhi...

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Gujarat High Court Acquits Sales Tax Officer in Corruption Case Due to Unreliable Trap Witnesses and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.

The appellant, Manilal Bhikhabhai Makwana, was a Sales Tax Officer in Ahmedabad. The complainant, Himanshu Jayantibhai Patel, was a honey trader. The ...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Doubtful Identification. Conviction under Sections 302 and 326 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Vishnu S/o Jagganath Gund, was convicted by the Additional Sessions Judge, Beed for the murder of Raosaheb Bhau Dukare and causing grie...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Lack of Credible Evidence. Demand and Acceptance of Bribe Not Proved Under Prevention of Corruption Act, 1988.

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 04.03...

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Bombay High Court Allows Writ Petition in Service Matter Due to Failure to Frame Preliminary Issues in Disciplinary Enquiry. Labour Court and Industrial Court Orders Set Aside for Non-Compliance with Mandatory Procedure Under MRTU & PULP Act.

The petitioner, Pralhad Waman Lahane, was employed as a Banking Inspector at the Jalna District Central Co-operative Bank Ltd. He joined as a Clerk on...