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Court Overturns Conviction Under Incorrect Section of Corruption Act. Appeal Allowed; Case Remanded for Correct Charges and Fresh Proceedings

The trial court convicted the accused under Section 8 of the Prevention of Corruption Act, 1988. However, the defense argued that Section 8 was incorr...

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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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Appellate Court Orders Retrial in Corruption Case Due to Lack of Fair Trial. The High Court orders retrial as the accused was deprived of legal assistance, compromising his right to a fair trial under Article 21.

This case, revolves around allegations of corruption. The appellant, Devidas Joshi, a Sectional Engineer in the Minor Irrigation Department, was convi...

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Supreme Court Quashes Conviction in Prevention of Corruption Act Case Due to Procedural Irregularities. Appellate Court's Decision Without Trial Court Records Violates Section 385 CrPC and Article 21 of Constitution, Requiring Fresh Consideration.

The Supreme Court considered an appeal arising from a corruption conviction under the Prevention of Corruption Act, 1988. The appellant had been convi...

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Bombay High Court Sets Aside Remand Order in Property Dispute — Appellate Court Exceeded Remand Powers Under Order 41 Rule 23 CPC. Remand for Fresh Trial Not Justified as Conditions for Remand Under CPC Not Satisfied.

The appellant, Vishnu Dashrath Chavan, claimed ownership of a flat in Gitanjali Co-operative Housing Society and filed a suit for recovery of possessi...

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Bombay High Court Quashes Conviction Under Section 174A IPC for Non-Appearance After Proclamation — Offence Not Applicable to Proceedings Prior to 2006 Amendment. Section 174A IPC is prospective and cannot apply to proclamations issued under Section 82 CrPC before its commencement on 23.6.2006.

The petitioner, Ishrat Hussain, was prosecuted in RCC No. 649/2008 for an offence under Section 174A of the Indian Penal Code (IPC). The allegation wa...