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Supreme Court Dismissed Criminal Appeals, Upheld Conviction and Sentence of Life Imprisonment Under Section 302 Read with Section 34 of the Indian Penal Code, 1860 — Division Bench Confirmed the Conviction — Dying Declaration of Deceased Held Reliable

Application of Section 34 of the Indian Penal Code, 1860 (IPC) — Common Intention of the Accused Persons Duly Proved — Dying Declaration Accepted ...

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Supreme Court Dismissed Appeals of Convicts – Life Imprisonment Confirmed. Conviction Under Sections 148 and 302 Read with Section 149 of the Indian Penal Code, 1860 – Accused’s Plea of Alibi Rejected

Consistent and corroborated eyewitness testimonies established the guilt of the accused beyond reasonable doubt. Plea of alibi must be conclusive...

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Supreme Court set aside the High Court’s judgment directing payment of salary for the period 01 January 2015 to 31 May 2018 – Held that respondents had attained superannuation age by 2013 and 2015, respectively.

The age of superannuation must be considered when determining entitlement to back wages and reinstatement benefits. (Paras: 8, 9, 10) Supreme Court h...

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Supreme Court Partly Allows Appeal in Specific Performance Suit – High Court’s Order Setting Aside Ex-Parte Decree Without Proper Jurisdiction Held Unsustainable

Revisional Jurisdiction – Delay Condonation – Restoration of Suit – Independent Legal Remedies The Court held that the remedies of condoning th...

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Supreme Court Quashed Criminal Proceedings Against Non-Executive Directors, Reaffirming Vicarious Liability Principles Under Negotiable Instruments Act, 1881

Non-Executive Directors Cannot Be Held Liable Under Section 138 Read with Section 141 of the Negotiable Instruments Act, 1881 Without Specific Allegat...

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Dishonour of Cheques — Security Deposit — Refund Conditional Upon Vacant Possession — Conviction Under Section 138 of the Negotiable Instruments Act, 1881 Set Aside

The refund of security deposit was contingent on the respondent handing over vacant possession of the flat. The appellant was entitled to deduct unpa...

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Supreme Court of India set aside the High Court’s conviction and life sentence under Section 302 of the Indian Penal Code, 1860 (‘IPC’), granting acquittal due to inconsistent dying declarations and lack of corroborative evidence.

Supreme Court of India – Acquittal Granted, Benefit of Doubt Extended a) Inconsistent dying declarations require corroboration (Para 12-14) b) ...

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Deemed Dealer under MVAT Act and Prospective Effect of Tax Liability. High Court of Bombay Decides on Tax Liability of Government-Constituted Trust under Maharashtra Value Added Tax Act, 2002

On the Issue of Deemed Dealer: The Court held that SASF was a “deemed dealer” under Section 2(8) of the MVAT Act. The Court found that SASF fel...

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Partition and Separate Possession Dispute: Ancestral vs. Self-Acquired Property – High Court Upholds Joint Family Property Status

High Court Clarifies Partition Rights in Joint Family Property, Rejects Prior Partition Claims Presumption of Joint Family Property: The Court held t...

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Supreme Court Acquitted Appellant Due to Lack of Conclusive Evidence Regarding Handwriting on Postal Cover — Convictions Set Aside. Insufficient Proof of Disputed Document — Prosecution’s Failure to Exhibit Primary Evidence Led to Acquittal

Failure to produce the original postal cover as primary evidence rendered the expert report inadmissible — Prosecution’s inability to prov...