Search Results for "Section 47(2)"

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Gujarat High Court Quashes FIR in Property Dispute Case Due to Civil Nature of Dispute and Lack of Criminal Intent. The court held that where the dispute is essentially civil, criminal proceedings cannot be allowed to continue as it would amount to abuse of process of law under Section 482 CrPC.

The judgment pertains to a criminal miscellaneous application filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR...

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High Court of Karnataka Dismisses Civil Revision Petition for Abatement Due to Failure to Implead Legal Representatives of Deceased Respondent. Delay of 5637 days in seeking substitution not condoned as no sufficient cause shown, resulting in abatement of appeal against deceased respondent.

The petitioner, Sri K.K. Monnappa, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated ...

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Bombay High Court Quashes AGRC Order in Slum Rehabilitation Dispute — Section 13(1) 120-Day Period Not Mandatory for Owner's Proposal. Owner's Preferential Right to Develop Slum Land Not Extinguished by Delay Beyond 120 Days Under Maharashtra Slum Areas Act.

The case involves a challenge to an order of the Apex Grievance Redressal Committee (AGRC) dated 17th February, 2023, which rejected a redevelopment p...

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High Court of Bombay at Nagpur Dismisses State's Petition Challenging Sessions Court's Rejection of Application to Reject Approver's Vakalatnama and Transfer Her to Another Jail. Approver's Right to Engage Counsel of Her Choice Upheld Under Section 303 CrPC and Article 22(1) of the Constitution.

The State of Maharashtra, through the Sub-Divisional Police Officer, Washim, filed a Criminal Writ Petition before the High Court of Bombay at Nagpur ...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Child Witness. Conviction under Section 302 IPC set aside as sole testimony of child witness was found untrustworthy and not corroborated by other evidence.

The appellant, Nijam Chindhu Tadvi, was convicted by the Sessions Judge, Jalgaon for the murder of Chayabai under Section 302 IPC and sentenced to lif...

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Bombay High Court Dismisses State Appeal Against Acquittal in POCSO Case — Acquittal Upheld as Prosecution Witnesses Turn Hostile and Evidence Lacks Credibility.

The State of Maharashtra appealed against the judgment and order dated 05.01.2019 passed by the Additional Sessions Judge-1, Gondia (Designated Court)...

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Bombay High Court Dismisses Appeals Against Rejection of Arbitration Petitions as Time-Barred. Service of Arbitral Award Under Section 31(5) of Arbitration and Conciliation Act, 1996 Held Valid When Sent by Registered Post to Correct Address.

The appellants, Apex Encon Projects Pvt. Ltd. and Padmavati Nekkanti, filed appeals against a common order dated 16th July 2014 passed by a learned Si...

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Bombay High Court Acquits Accused in SC/ST Act Case Due to Inconsistent Evidence and Absence of Public Witness. Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The appeal was filed by Dnyaneshwar Maroti Bembde, Ramesh Motiram Chavan, and Pralhad Bapurao Bhale against their conviction and sentence under Sectio...

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Bombay High Court Dismisses Revision Against Execution of Compromise Decree in Specific Performance Suit — Jurisdiction Objection Waived by Consent Decree. Clause 22 of Agreement Conferring Jurisdiction on Pune Courts Held Binding Despite Property Location in Satara.

The applicant, M/s. Indrayani Foods Ltd., entered into an agreement to sell two properties in Satara district to the respondent, PamPac Machines Pvt. ...