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Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

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Bombay High Court Dismisses Insurer's Writ Petition Against Insurance Ombudsman Award in Life Insurance Claim. Non-Disclosure of Pre-Existing Ailments Not Proven to be Material Under Section 45 of Insurance Act, 1938.

The petitioner, Aditya Birla Sun Life Insurance Co. Ltd., challenged an award dated 31 December 2020 passed by the Insurance Ombudsman, Goa/Mumbai Met...

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Bombay High Court Acquits Accused in Rape Case Due to Unreliable Testimony of Mentally Ill Victim and Lack of Corroboration. Conviction under Sections 342 and 376 IPC set aside as sole testimony of schizophrenia patient was inconsistent and unsupported by medical or other evidence.

The appellant, Nandlal Zagadu Yadav, was convicted by the Additional Sessions Judge, Greater Mumbai in Sessions Case No.77/2008 for offences under Sec...

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Bombay High Court Upholds Acquittal of Accused in Murder Case on Ground of Insanity. Paranoid Schizophrenia Established Under Section 84 IPC — Act Done Without Knowledge of Nature or Wrongfulness.

The State of Maharashtra appealed against the judgment and order dated 29.05.2003 of the learned ad-hoc Additional Sessions Judge, Sangli, in Sessions...

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Bombay High Court Dismisses Husband's Divorce Appeal in Family Court Appeal No. 95 of 2014. The court held that the appellant failed to prove grounds of cruelty, desertion, and mental disorder under the Hindu Marriage Act, 1955.

The appellant husband, Danesh Madhukarrao Pahade, filed a divorce petition against his wife, Smita Danesh Pahade, under Section 13(1)(i-a), (i-b), and...

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Bombay High Court Acquits Convicted Offender in Murder Case Due to Unsoundness of Mind Under Section 84 IPC. Appellant's act of killing brother and injuring another held to be act of person incapable of knowing nature of act by reason of unsoundness of mind.

The appellant, Rajendra Adakuji Choudhary, was convicted by the Additional Sessions Judge, Chandrapur in Sessions Case No.84/2014 for offenses under S...

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Bombay High Court Upholds Conviction for Murder Under Section 302 IPC in Fatal Assault Case. Accused's act of throwing victim on tar road and banging his head held to constitute murder with intention to cause death.

The appellant, Santosh Jambu Koge, was convicted by the Sessions Judge, Kolhapur, for the murder of Shital Patil under Section 302 of the Indian Penal...

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Bombay High Court Upholds Conviction of Husband for Murder of Wife — Insanity Defense Rejected. The court held that the accused failed to prove legal insanity under Section 84 IPC, as the evidence did not establish incapacity to know the nature of the act at the time of the offence.

The appellant, Santosh Bhatambrekar, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Surekha, a medical doctor. T...

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High Court of Karnataka Dismisses Wife's Appeal Against Divorce Decree in Cruelty Case — Marriage Irretrievably Broken Due to Wife's Unfounded Allegations and Refusal to Cohabit. Section 13 of Hindu Marriage Act, 1955 — Cruelty Established by Husband's Evidence of False Complaints and Desertion.

The appellant-wife challenged the decree of divorce granted by the Family Court, Bellary, in Matrimonial Case No.221/2013 dated 30.10.2014, dissolving...