Search Results for "Section 40(1)"

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Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
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Search Results for "Section 40(1)"

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High Court

High Court Quashes FIR and Revisional Order for Violation of Accused's Right to Hearing in Criminal Revision. The court held that Section 401(2) of the Code of Criminal Procedure, 1973 mandates hearing for accused or other persons in revisional proceedings, and Sessions Judge's failure to hear petitioners before allowing revision against dismissal of Section 156(3) application rendered the order and subsequent FIR invalid.

2 Apr 2026

The dispute arose from a criminal writ petition filed by two petitioners, a senior citizen and her daughter, seeking to quash an FIR registered agains...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging Civil Court Order in Trust Dispute — No Jurisdictional Error Found in Rejection of Application to Reopen Evidence Under Order 18 Rule 17 CPC. The court held that the Civil Court's discretionary order rejecting the application to recall witnesses after the case was reserved for judgment did not warrant interference under Article 227.

25 Jun 2025

The petitioners, who are defendants in a civil suit pending before the Senior Civil Judge and JMFC at Mandya, filed writ petitions under Article 227 o...

Supreme Court

Supreme Court Quashes Conviction in Revision for Murder Due to Statutory Bar Under Section 401(3) CrPC — High Court Exceeded Revisional Jurisdiction by Converting Acquittal into Conviction Without Notice to Accused. The Court held that revisional court cannot convert acquittal into conviction and that proceedings were vitiated for want of notice and abatement of revision upon death of complainant.

10 Jan 2025

The case pertains to an incident dated 13.03.1998 during the Holi festival. Initially, Dharampal lodged a complaint alleging assault by Om Parkash (co...

High Court

Bombay High Court Holds It Has Power to Accept Consent Terms and Compound Offence Under Section 138 NI Act in Revision Proceedings. The Court clarifies that Section 397 CrPC read with Section 401 CrPC empowers the High Court to record compromise and acquit accused even in revision, subject to satisfaction of complainant.

20 Dec 2024

The Bombay High Court was hearing a group of criminal revision applications and connected matters, all arising from proceedings under Section 138 of t...

Supreme Court

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.

25 Jan 2022

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

High Court

High Court of Karnataka Allows Revision Petitions in Domestic Violence and Dowry Harassment Cases — Orders Quashed Due to Procedural Irregularities and Lack of Proper Application of Mind. The court held that orders under the Protection of Women from Domestic Violence Act, 2005 and convictions under IPC and Dowry Prohibition Act must be based on proper application of mind and evidence.

6 Feb 2021

The case involves multiple criminal revision petitions filed before the High Court of Karnataka at Bengaluru, challenging orders passed by lower court...

High Court

Bombay High Court Dismisses Appeals Against Appointment of Receiver in Share Pledge Dispute. Court upholds appointment of Court Receiver as receiver of pledged shares under Section 9 of the Arbitration and Conciliation Act, 1996, finding that the appellant failed to make out a prima facie case for interference.

10 Aug 2019

The case involves two commercial appeals filed against an order of the learned Single Judge appointing the Court Receiver as receiver of certain pledg...

High Court

Bombay High Court Upholds Conviction of In-Laws for Murder of Daughter-in-Law Based on Circumstantial Evidence. The court held that the deceased was last seen alive in the company of the appellants and her dead body was found in their house, establishing their guilt under Section 302 read with Section 34 IPC.

11 Oct 2017

The appellants, Pandurang Limbaji Sapkal, Sangram Pandurang Sapkal, and Sushilabai Pandurang Sapkal, were convicted by the 2nd Additional Sessions Jud...

High Court

High Court of Karnataka Dismisses Criminal Revision Petitions Challenging Framing of Charges in Multiple Cases. Court holds that at the stage of framing charges, only a prima facie case is required and not a detailed evaluation of evidence.

24 Mar 2017

The judgment involves a batch of criminal revision petitions filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, ch...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony of Related Witnesses and Lack of Corroboration. Conviction under Section 302 IPC set aside as sole eyewitness was a close relative with material contradictions and no independent corroboration.

30 Nov -0001

The case involves five criminal appeals filed by original accused persons convicted under Section 302 read with 34 IPC for the murder of one person. T...

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