Search Results for "Section 37(2)"

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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Bombay High Court Upholds Conviction in CBI Trap Case — Demand and Acceptance of Bribe Proved Beyond Reasonable Doubt. Accused Public Servant's Conviction Under Prevention of Corruption Act, 1988 Restored as Trial Court's Acquittal Based on Minor Contradictions Was Perverse.

The case pertains to a criminal appeal filed by the Central Bureau of Investigation (CBI) against the acquittal of the respondent-accused, Shriram Mar...

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High Court Upholds Rent Control Act, Denying Britannia’s Claim for Market Rent

The fixation of standard rent for an upscale apartment in Mumbai, which was rented to Maya Sunil Alagh, the wife of Britannia's former Managing Direct...

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Supreme Court Quashes High Court's Revisional Order Convicting Accused in IPC Offences Due to Jurisdictional Error. High Court Cannot Convert Acquittal into Conviction Under Section 401 Cr.P.C.; Matter Remanded for Treatment as Appeal Under Section 372 Cr.P.C. After Victim's Right to Appeal Was Invoked.

The Supreme Court addressed appeals by accused persons against a High Court judgment that reversed their acquittal and convicted them while exercising...

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Supreme Court Dismisses Victim's Appeal for Enhancement of Sentence in Kidnapping and Murder Case. Victim Cannot Appeal Under Section 372 CrPC for Inadequate Sentence; Only State Government Can Seek Enhancement Under Section 377 CrPC.

The appellant, Parvinder Kansal, was the father of a deceased boy and the complainant in FIR No.742 of 2007 registered for offences under Section 364A...

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Bombay High Court Allows Appeal Under Section 378(4) CrPC in Section 138 NI Act Case - Appeal Against Acquittal in Private Complaint Lies Under Section 378(4) CrPC, Not Proviso to Section 372 CrPC

The case involved a reference to a larger bench to resolve a conflict regarding the maintainability of an appeal against acquittal in a prosecution un...

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Bombay High Court Allows Victim's Appeal Against Acquittal Under Proviso to Section 372 CrPC — Condonation of Delay Granted. The court held that the victim's right to appeal is independent and delay can be condoned if sufficient cause is shown.

The petitioner, Parbhani District Central Bank Ltd., through its Assistant Manager Digambar s/o Madanrao Parve, filed a criminal writ petition challen...

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Bombay High Court Allows Victim's Appeal Against Acquittal in Murder Case — Reverses Acquittal Under Section 302 IPC Based on Dying Declarations. Multiple Consistent Dying Declarations by Deceased Naming Accused as Perpetrator Held Sufficient for Conviction Despite Property Dispute Motive.

The case involves a criminal appeal filed by Amit Mishra, the son of the deceased Nirmalabai, against the acquittal of the accused Jagadambaprasad Mis...