Search Results for "Leave to appeal"

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Search Results for "Leave to appeal"

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Supreme Court

Supreme Court Dismisses CBI Appeal Against Acquittal in Police Firing Case Due to Unreliable Witnesses and Lack of Credible Evidence. Acquittal of Police Constables for Murder of Raj Kumar Baliyan Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

19 Jul 2023

The Supreme Court dismissed the appeal filed by the Central Bureau of Investigation (CBI) against the judgment of the Uttarakhand High Court, which ha...

Supreme Court

Supreme Court Sets Aside High Court's Dismissal of Leave to Appeal Against Acquittal Due to Non-Speaking Order. High Court Failed to Provide Reasons and Apply Mind to Evidence as Required Under Section 378 of Code of Criminal Procedure, 1973, Violating Established Precedents on Judicial Discipline.

20 Jul 2021

The dispute originated from a criminal trial where the second to sixth respondents were acquitted by the Additional Sessions Judge, Ghaziabad, of offe...

Supreme Court

Supreme Court Allows Appeals by Third-Party Purchasers Against Decree Affecting Their Possession: Leave to Appeal Granted as Sale Deed Holders Are 'Persons Aggrieved' Under Section 96 CPC. The Court held that the High Court erred in rejecting the application for leave to appeal, as the trial court's decree directly prejudiced the appellants' rights and interests.

1 Jan 2020

The case involves appeals by third-party purchasers (appellants) who purchased sites from the General Power of Attorney holders of the original owners...

Supreme Court

Supreme Court Allows Victim's Appeal Against Acquittal Without Leave Requirement Under Section 372 CrPC. The Court held that the victim's right to appeal under the proviso to Section 372 CrPC is independent and does not require leave, distinguishing it from the State's appeal under Section 378 CrPC.

5 Jul 2019

The Supreme Court considered an appeal by Naval Kishore Mishra, the brother of a deceased victim, against the High Court's dismissal of his appeal cha...

Supreme Court

Supreme Court Allows State's Appeal Against High Court's Refusal of Leave to Appeal in Acquittal Case. High Court Erred by Applying Wrong Test Under Section 378(3) Cr.P.C. and Ignoring Medical Evidence of Fracture.

31 Jan 2019

The State of Maharashtra appealed against the High Court's order dated 13.06.2008 rejecting its application for leave to appeal against the acquittal ...

Supreme Court

Supreme Court Dismisses Appeal of Air Force Personnel Convicted by District Court Martial for Insubordination and Misconduct. Leave to Appeal Denied as No Point of Law of General Public Importance Involved Under Sections 30 and 31 of Armed Forces Tribunal Act, 2007.

8 Jan 2019

The present appeal under Section 30 read with Section 31 of the Armed Forces Tribunal Act, 2007 arose from an order of the Armed Forces Tribunal, Chan...

High Court

Bombay High Court Dismisses Acquiring Body's Application for Leave to Appeal in Land Acquisition Compensation Case — Acquiring Body Not a Necessary Party Under Section 18 Reference Proceedings. The court held that the Vidarbha Irrigation Development Corporation, not being a party to the reference under Section 18 of the Land Acquisition Act, 1894, has no locus standi to seek leave to appeal against the award enhancing compensation.

27 Oct 2016

The Vidarbha Irrigation Development Corporation (VIDC) filed two civil applications seeking leave to appeal against awards passed by the reference Cou...

High Court

Bombay High Court Allows Appeal Against Acquittal in Section 138 NI Act Case — Magistrate's Mechanical Dismissal Under Section 256 CrPC Set Aside. The court held that the Magistrate must apply judicial mind before dismissing a complaint for non-appearance, and the order must reflect reasons for such dismissal.

9 Mar 2016

The appellant, original complainant, filed a complaint against the respondent No.2 (accused) for an offence punishable under Section 138 of the Negoti...

High Court

Bombay High Court Dismisses State's Appeal and Complainant's Appeal Against Acquittal in Dowry Death Case — Prosecution Fails to Prove Demand of Dowry and Cruelty Beyond Reasonable Doubt. The court held that the presumption under Section 113B of the Evidence Act does not arise unless the foundational facts of dowry demand and cruelty are established, and the trial court's acquittal was not perverse.

1 Sep 2015

The case arises from the death of one Savita, who was married to accused no.1 Sandeep Tirukhe. The prosecution alleged that the accused persons, being...

High Court

Bombay High Court Holds That Deletion of Leave Requirement Under Section 378 CrPC Does Not Automatically Entitle Complainant to Admission of Appeal for Final Hearing. The Court Must Still Apply Its Mind to Merits Before Admitting Appeal.

8 Jul 2015

The judgment pertains to two criminal appeals filed by complainants against acquittal. The core legal issue was whether, after the amendment to Sectio...

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