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Search Results for "expunge evidence"

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High Court

Karnataka High Court Quashes FIR Against Homestay Owner in Sexual Assault Case Involving Foreign National; Declares Arrest Illegal and Awards Compensation. Arrest Under Non-Cognizable Section 3(5) of Bharatiya Nyaya Sanhita, 2023 Without Cognizable Offence or Proper Procedure Held Violative of Fundamental Rights.

15 Jul 2026

Background: The petitioner, Palecanda Ponnappa @ Vishal, the owner of Devi Villa Homestay in Kodagu district, was arrested in connection with an alleg...

Supreme Court

Supreme Court Expunges Adverse Remarks Against Judicial Officer in Anticipatory Bail Order — Remarks Held Unwarranted and Likely to Prejudice Career. The Court held that judicial officers should not be subjected to such criticism for bona fide actions while deciding bail applications under Section 438 CrPC.

4 Oct 2024

The appellant, an Additional District and Sessions Judge in Delhi, passed orders on an anticipatory bail application in which he made adverse observat...

High Court

Karnataka High Court Dismisses Criminal Petition Seeking Redaction of Deposition in POCSO Case. Statement Under Section 164 CrPC Held Not Substantive Evidence; Reference by Witness in Deposition to Prior Statement Permissible for Contradiction/Corroboration Only.

13 Sep 2024

The petition under Section 482 of the Code of Criminal Procedure, 1973, was filed by the accused in a POCSO case seeking redaction of a portion of the...

High Court

Bombay High Court Dismisses Petition to Prevent Proforma Defendants from Leading Evidence in Eviction Suit — Interest Not Adverse Does Not Bar Evidence. The court held that the right to lead evidence is not dependent on the nature of interest but on the court's discretion and the necessity for just adjudication under the Presidency Small Causes Courts Act, 1882.

10 May 2024

The petition challenges an order of the Small Causes Court at Mumbai rejecting the plaintiffs' application to prevent certain defendants (Defendant No...

High Court

High Court of Karnataka Hears Criminal Petition to Quash Charges in Dog Accident Case. Accused Argues Offences Under IPC and Motor Vehicles Act Not Attracted Due to Lack of Mens Rea and Accident on Public Road.

21 Oct 2022

The petitioner, the driver of a Fortuner SUV, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the...

High Court

High Court of Karnataka Quashes Adverse Remarks Against Police Inspector in Murder Case — Remarks Made Without Opportunity of Hearing Violate Principles of Natural Justice. Section 482 Cr.P.C. Petition Allowed to Expunge Observations Regarding Investigation Lapses.

29 Sep 2022

The petitioner, Hanumantharaya, an Inspector of Police, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash/e...

High Court

Bombay High Court Commutes Death Sentence to Life Imprisonment in POCSO Case. The court held that the case does not fall within the 'rarest of rare' category and the possibility of reformation cannot be ruled out.

3 Jun 2019

The case involves the confirmation of death sentence and appeals against conviction under the Protection of Children from Sexual Offences Act, 2012 (P...

High Court

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.

29 Aug 2017

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...

High Court

High Court of Karnataka Dismisses Petition Challenging Medical Council Enquiry Proceedings — Advocate's Right to Appear Under Section 32 of Advocates Act, 1961 Upheld. The court held that the Karnataka Medical Council had discretion to permit an advocate to appear on behalf of the respondent doctor, and the petitioner's objection was not sustainable.

3 Dec 2015

The petitioner, V. Damothiran, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging orders dated May 23, 2013 and ...

High Court

Bombay High Court Allows Expungement of Irrelevant Portions from Affidavit of Examination-in-Chief in Testamentary Suit — Irrelevant and Prejudicial Statements Struck Out to Ensure Fair Trial. The court held that portions of an affidavit that are not relevant to the issues in the suit and are likely to prejudice the trial must be expunged under the Indian Evidence Act, 1872.

10 Jun 2014

The applicant, Mrs. Mahabanoo Navroz Kotwal, filed a testamentary petition for probate of the alleged last Will and Testament of Nergish Keki Cassad, ...

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