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Bombay High Court Allows Expunging of Expert Evidence Applying Foreign Law in Suit for Enforcement of Foreign Judgment. Expert Witness Cannot Apply Foreign Law to Facts; Only State the Law Under Order 18 Rule 17 CPC and Section 45 Evidence Act.

The plaintiffs filed a Notice of Motion seeking to expunge parts of the affidavit of evidence of the defendants' expert witness, Mr. Patrick Keel, who...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court Decree. Handwriting Expert Evidence Cannot Override Consistent Testimony of Attesting Witnesses and Corroborative Receipt of Earnest Money.

The case involves a suit for specific performance of an agreement of sale dated 20.04.1993 for a house in Karimnagar. The plaintiff (appellant) allege...

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Bombay High Court Considers Second Appeals Regarding Evaluation of Handwriting Expert Evidence and Proof of Sale Deed in Land Dispute. Lower Courts Dismissed Suits Claiming Fraudulent Sale Deed, Preferring Direct Evidence Over Expert Opinion Under Section 45 of Evidence Act.

The case arose from two civil suits filed by the original plaintiff (appellant herein) against the defendant (respondent No.1) and a co-operative bank...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Sole Eyewitness Testimony. Conviction under Section 302 IPC set aside as the sole eyewitness's account was inconsistent and lacked corroboration, leading to benefit of doubt.

The appellant, Deepak Pralhad Shejwal, was convicted under Section 302 of the Indian Penal Code for the murder of Sham Gade and sentenced to life impr...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Sole Eyewitness Testimony and Lack of Corroboration. Conviction under Sections 302, 307 IPC and Section 30 Arms Act set aside as medical and ballistic evidence contradicted the eyewitness account.

The case involves two criminal appeals arising from a judgment dated 29.12.2006 passed by the Additional Sessions Judge, Satara in Sessions Case No.53...

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Bombay High Court Acquits Accused in POCSO Case Due to Unreliable Child Witnesses and Lack of Evidence of Sexual Assault. Conviction for Rape and Aggravated Penetrative Sexual Assault Set Aside as Prosecution Failed to Prove Penetration Beyond Reasonable Doubt.

The appellant, Bandu s/o Natthuji Raut, was convicted by the Special Judge, Yavatmal, for offences under Sections 451, 376(2)(i)(j)(1) of the Indian P...

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Bombay High Court at Goa Acquits Appellant in Murder Case Due to Unreliable Testimony of Injured Witness and Lack of Corroboration. Conviction under Section 302 IPC set aside as sole eyewitness's evidence was inconsistent and not supported by medical or other evidence.

The appellant, Arjuna Maruti Kazidoni, was convicted by the Additional Sessions Judge, South Goa, Margao, in Sessions Case No.05/2020 for the murder o...

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Supreme Court Allows Appeal in Forgery Case Due to Inadmissible Handwriting Expert Evidence. Conviction under Sections 120B, 468, 471 IPC set aside as expert opinion lacked proper foundation and corroboration.

The appellant was convicted by the trial court for offences under Sections 120B, 468, and 471 IPC for his alleged involvement in forging a marksheet u...