Search Results for "Alternative defence"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "Alternative defence"

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High Court

High Court Alters Murder Conviction to Culpable Homicide Not Amounting to Murder Citing Sudden Fight and Lack of Intention. Conviction Under Section 302 IPC Set Aside and Substituted with Section 304-II IPC as Appellant Had No Premeditation and Incident Occurred in Heat of Passion; Sentence Reduced to 8 Years Rigorous Imprisonment.

26 Nov 2021

The High Court of Judicature at Bombay, Nagpur Bench, heard a criminal appeal against the conviction of the appellant under Section 302 of the Indian ...

High Court

Bombay High Court Quashes Alternative Charge Under Section 306 IPC in Addition to Section 302 IPC in Murder Cases. The court held that charges under Section 302 (murder) and Section 306 (abetment of suicide) are mutually inconsistent and cannot be framed alternatively as they have altogether different ingredients.

8 Aug 2006

The judgment concerns two criminal writ petitions challenging similar orders passed by trial courts framing an alternative charge under Section 306 of...

High Court

Bombay High Court Dismisses Application to Strike Off Defence in Foreign Award Enforcement Proceedings. Security Deposit Condition Not a Bar to Defend Petition on Merits Under Order 39 Rule 11 CPC and Section 49 of Arbitration and Conciliation Act, 1996.

4 Oct 2012

The petitioners, Pacific Basin Handymax (UK) Ltd., filed a Notice of Motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908, seeking to st...

High Court

Bombay High Court Allows Accused to Lead Defence Evidence in Murder Trial — Sessions Court Directed to Provide Reasonable Opportunity. The court held that the accused cannot be denied the right to examine defence witnesses merely because of non-service or non-appearance due to circumstances beyond his control.

28 Apr 2005

The petitioner, Nilesh Jap Daru, is facing trial under Section 302 of the Indian Penal Code before the Sessions Court at Mumbai in Sessions Case No.27...

High Court

Bombay High Court Dismisses Petitions Challenging Profession Tax on Defence Civilians — Amendment Excluding Them from Exemption Upheld as Constitutional. The court held that the classification between Armed Forces personnel and civilian employees under Section 27A(a) of the Maharashtra State Tax on Professions, Traders, Callings and Employment Act, 1975 is based on an intelligible differentia and does not violate Article 14 of the Constitution.

7 Jul 2006

The petitioners, civilian employees working in the Defence Department of the Union of India, filed writ petitions challenging the action of the State ...

High Court

Bombay High Court Dismisses Appeals in Property Suit — Upholds Refusal to Strike Out Defence Under Order 8 Rule 10 CPC for Failure to File Written Statement Within 90 Days. The court held that the power to strike out defence is discretionary and not automatic, and that non-disclosure of defence under Order 6A Rule 3 CPC does not justify striking out.

21 Dec 2017

The present appeals arise from a suit filed in 1987 by Behram Nowrosji Gamadia and Jehangir Dhan Mistri (original plaintiffs) against several defendan...

Supreme Court

Supreme Court Dismisses Appeal, Upholds Life Conviction for Murder Under Section 302 IPC — Multiple Stab Wounds on Unarmed Deceased Negate Right of Private Defence and Sudden Fight Plea.

23 Apr 2019

The Supreme Court dismissed the appeal filed by Nagji Odhavji Kumbhar and another against the judgment of the Gujarat High Court which upheld their co...

High Court

Bombay High Court Grants Conditional Leave to Defend in Summary Suit — Emphasizes Need for Brevity in Pleadings. The court allowed the defendants to defend the suit on condition of depositing a portion of the claimed amount, while deprecating prolix pleadings.

9 Aug 2021

The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two ...

High Court

Bombay High Court Hears Appeal Against Conviction Under POCSO Act and IPC; Examines Rebuttal of Statutory Presumption. Court Analyzes Defence of Alibi and Medical Evidence to Determine if Accused Discharged Burden on Balance of Probabilities.

25 Jun 2018

The appeal arose from a conviction under Section 4 of the Protection of Children from Sexual Offences Act, 2012 and Sections 452 and 377 of the Indian...

High Court

High Court of Karnataka Upholds Trial Court Order Striking Out Defence for Non-Compliance with Conditional Order Under Order VIII Rule 1 CPC. Failure to Pay Costs and File Written Statement Within Extended Time Leads to Automatic Striking Out of Defence.

8 Jul 2025

The petitioners, Mr. Venugopal Krishnamurthy and Mrs. Poorna Venugopal, filed a writ petition under Article 227 of the Constitution of India challengi...

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