Case is proved beyond reasonable doubt hence, trial Court was justified in awarding conviction and sentence to Appellant.
Appellant was acquitted from charges of conspiracy and destruction of evidence under IPC, as no evidence of active role in conspiracy.
Driver of commercial vehicle, which was under 7500 Kg, was validly licensed to operate it without needing additional endorsements hence, Insurance Company is to indemnify awarded compensation to claimants and recover it from vehicle owner.
Conviction under Section 302 of IPC and life sentence were set aside, Appellant was instead convicted under Section 304 Part-I of IPC.
Impugned order of acquittal held proper, as offence in question was not proven.
Trial Court rightly acquitted accused from all charges, as offence in question was not proven.
Appellants conviction and sentences for Sections 376(2)(f) and 377 are set aside due to reasonable doubt, while conviction and sentence for Section 363 are affirmed.
As managing director of a company would be ineligible for being appointed as an arbitrator in view of Section 12(5) read with paragraph 5 in Fifth Schedule to Act, he would be ineligible to nominate a sole arbitrator.
Order of conviction under Section 302 of IPC is maintained, however, sentencing part is modified.
Incident is considered to have occurred suddenly, without premeditation hence, accused is convicted and sentenced under Section 304 Part I of IPC for 10 years rigorous imprisonment and fine.
Order of conviction upheld, as prosecution was proven beyond reasonable doubt that accused has committed murder of deceased.
As prosecution has succeeded in establishing charge brought against Appellant, conviction and sentences of Appellant are affirmed.
Marriage between parties dissolved ordering decree of divorce, as both husband and wife agree not to interfere in each other's lives or businesses, avoiding harmful acts or connections with rivals.
Impugned judgment passed by Tribunal is modified directing Appellant-insurance company to pay enhanced compensation of Rs.1,82,000/- to claimants along with interest @ 8% per annum from date of registration of claim petition till its realization.
Order of reinstatement along with other benefits shall be in exclusion of 50% back-wages, as employee officiated in public office during period in question.
Income Tax - Time-barred reassessment - Notice
under Section 148 and consequent order invalid when issued beyond limitation
prescribed under Section 149; timelines are mandatory and cannot be diluted by
procedural interpretation of Section 148A.
Quashing of FIR and chargesheet - Vague and unsubstantiated allegations without specific role attributed to accused do not disclose prima facie case; continuation of proceedings amounts to abuse of process.
Legally enforceable debt is a matter of defence and cannot be decided at preliminary stage - Magistrate erred in treating Section 143A as mandatory - Matter remanded for reconsideration.
Formal amendments to a complaint to cure clerical errors are permissible under NI Act proceedings if no prejudice is caused, and such discretion of the trial court should not be interfered with.
Criminal Procedure - Under BNSS, 2023, notices under Section 35 must be served physically as prescribed; electronic service is not permissible, unlike court-issued summons under Sections 63, 64, and 71 which may be served electronically.
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