Search Results for "motive"

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Supreme Court Acquits Accused in Murder Case Due to Unreliable Evidence and Lack of Proof Beyond Reasonable Doubt. Conviction under Section 302 of Indian Penal Code, 1860 Overturned as Witness Testimonies Were Inconsistent and Failed to Inspire Confidence.

The appeal arose from a murder conviction under Section 302 of the Indian Penal Code, 1860, where the appellant was sentenced to life imprisonment by ...

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Public Interest Litigation – Suppression of Material Facts – Criminal Contempt – Maintainability of PIL. High Court dismissed the PIL on grounds of suppression of facts, lack of bona fides, and scandalizing the court. Criminal contempt was noted but no proceedings were initiated.

Litigants filing PIL must disclose all material facts and approach the court with clean hands. Scandalizing the court through social media can constit...

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Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution

Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless prov...

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Supreme Court Sets Aside Preventive Detention Order Under COFEPOSA Act, Citing Lack of Consideration of Bail Conditions. Court Emphasizes Scrutiny of Detention Orders and Upholds Liberty in Preventive Detention Cases

Preventive Detention and Bail Conditions: The detaining authority must consider the efficacy of bail conditions imposed by the court before ordering ...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Bombay High Court Quashed FIR and Proceedings in Special Case No.52/2020 Against Applicant – Held FIR Lacked Prima Facie Case and Sanction Under Section 196(1A) of the Code of Criminal Procedure, 1973 Was Not Obtained

The Court Held That the Criminal Proceedings Were Manifestly Attended With Mala Fide and Instituted With Ulterior Motive – No Sufficient Evidence to...

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Supreme Court Quashed Criminal Proceedings Citing Consensual Relationship — No Element of Deceit or Misconception of Fact

Long-Standing Consensual Relationship Cannot Be Construed as Rape Based on Alleged False Promise of Marriage — Prosecution Held as Gross Abuse o...

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Quashing of FIR and Charge Sheet in Rape Case Based on False Promise of Marriage – High Court Grants Relief to Petitioner. Bombay High Court Quashes FIR and Charge Sheet Under Section 376 IPC, Citing Lack of Prima Facie Case and Ulterior Motive

The Bombay High Court quashed the FIR and charge sheet, holding that: The allegations in the FIR, even if taken at face value, did not prima faci...