Search Results for "testimonial evidence"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "testimonial evidence"

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High Court

High Court of Karnataka Quashes DNA Profiling Order in POCSO Case Due to Lack of Consent and Non-Compliance with Statutory Procedure. Court holds that DNA profiling of an accused without his consent and without following the procedure under Section 53A Cr.P.C. and the DNA Profiling Act, 2019 is illegal and violative of Article 20(3) of the Constitution.

10 Dec 2021

The petitioner, Malappa @ Malingaraya, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 Cr.P.C. see...

Supreme Court

Supreme Court Dismisses Appeals in Arbitration Act Case Regarding Foreign Award Enforcement. Non-Signatory Parties Not Bound by Arbitration Agreement Under Alter Ego Doctrine for Enforcement Under Part II of Arbitration and Conciliation Act, 1996.

10 Aug 2021

The Supreme Court of India heard civil appeals concerning the recognition and enforcement of foreign awards under Part II of the Arbitration and Conci...

High Court

High Court Quashes FIR Against Police Officer in Corruption Case Due to Lack of Sanction Under Section 19 of PC Act. Proceedings under Section 7(a) of Prevention of Corruption Act, 1988 set aside as prior sanction from competent authority was mandatory and absent.

11 Aug 2020

The petitioner, Sri Sudarshan, a Deputy Superintendent of Police under suspension, filed a criminal petition under Section 482 of the Code of Criminal...

Supreme Court

Supreme Court Allows Magistrate to Order Voice Sample of Accused in Criminal Investigation. Article 20(3) Does Not Bar Compelled Voice Sample as It Is Not Testimonial Evidence Under Section 53 CrPC.

2 Aug 2019

The case arises from an FIR lodged on 7th December 2009 at Sadar Bazar Police Station, Saharanpur, Uttar Pradesh, alleging that Dhoom Singh and appell...

Supreme Court

Supreme Court Dismisses Appeal Against Refusal to Discharge Accused in Fake Currency Case. Prima Facie Evidence of Involvement Found Sufficient for Trial Under Sections 489B and 489C IPC.

24 Apr 2019

The appellant, Dipakbhai Jagdishchandra Patel, was implicated in a case involving the possession and sale of counterfeit Saudi Arabian Riyal currency ...

High Court

Bombay High Court Dismisses Revision Against Refusal of DNA Test in Domestic Violence Proceedings — Paternity Dispute Cannot Be Decided Collaterally in DV Act Proceedings. The court upheld the concurrent findings of the Magistrate and Sessions Court rejecting the application for DNA test of the son, as the issue of paternity was not relevant for relief under the Protection of Women from Domestic Violence Act, 2005.

10 Jul 2018

The revision application was filed by Mr. Pramod Purushottam Sathe (applicant) challenging the order dated 16th February, 2016 passed by the Metropoli...

High Court

Bombay High Court Allows Marking of Will in Testamentary Suit Despite Disputed Execution. Court holds that attesting witness's affidavit and oral evidence sufficiently prove due execution under Section 63 of the Indian Succession Act, 1925.

18 Oct 2013

The matter pertains to Testamentary Suit No. 46 of 1997 arising out of Testamentary Petition No. 308 of 1997 concerning the estate of Raju Muthaya She...

High Court

Bombay High Court Allows Accused's Petition in Section 138 NI Act Case — Summons to Accused to Produce Documents Quashed as Violative of Right Against Self-Incrimination. The court held that a complainant cannot compel the accused to produce documents in his custody to rebut the defence, as it infringes Article 20(3) of the Constitution.

19 Jun 2013

The petitioner, Mahendrakumar Kanhyalal Jain, was the accused in Summary Criminal Case No. 3061/2003 pending before the Judicial Magistrate, First Cla...

High Court

Bombay High Court Upholds Direction for Voice Sample Collection in Bribery Investigation — Rejects Article 20(3) Challenge. Court holds that giving voice sample does not amount to testimonial compulsion and is permissible during investigation under Section 311A CrPC.

28 Feb 2012

The petitioner, Madhukar K. Farde, an Assistant PF Commissioner and Recovery Officer, was accused by the CBI of demanding a bribe of Rs.1,00,000 from ...

High Court

Bombay High Court Quashes Narco Analysis Order Against Accused in Bank Fraud Case — Consent Not Voluntary and Violates Article 20(3). Narco analysis without free consent amounts to testimonial compulsion under Article 20(3) of the Constitution of India.

3 Mar 2006

The petitioner, Mrs. Rajeshree Aman Hemani, was an accused in Criminal Case No.19 of 2005 before the Chief Judicial Magistrate, Nagpur, arising out of...

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