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Mohit Khandelwal & Associates
Author – Adv. Mohit Khandelwal Co Author – Adv. Hitarth Dixit With the rise in corporate litigation over forged share transfer documents and investor fraud, Indian courts are frequently confronted with the question: who has jurisdiction whether the Civil Courts or the National Company Law Tribunal? While Section 430 of the Companies Act, 2013 appears to...
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Brief Facts The Appellant (accused no. 2) was convicted alongside accused no. 1 under Section 302, IPC and Section 25 of the Arms Act. The Prosecution’s case included eyewitness testimony, ballistic evidence linking the Appellant to the murder weapon, and recovery of the firearm at the Appellant’s instance. The High Court upheld the conviction and...
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Brief Facts On 21st October, 2009, the half-burnt body of Shiva alias Sanwar (hereinafter referred to as ‘deceased’) was found behind Baba Balak Nath temple near Shastri Nagar ground. Based on the information given by one Pramod Kumar (P.W.3), merg intimation Ex. P-33 was registered against unknown persons. It was alleged that Appellant and Accused...
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Brief Facts Amrik Kaur was married to Darshan Singh, the Appellant. The Prosecution claimed that the couple’s relationship was troubled due to Darshan Singh’s illicit affair with Rani Kaur. Darshan Singh and Rani Kaur allegedly administered poison to Amrik Kaur on intervening night of 18.05.1999 and 19.05.1999. It was the case of the Prosecution that...
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Brief Facts Between 2011 and 2016, the Appellant was holding the post of Transport Minister in the Government of Tamil Nadu. Broadly, the allegation against the Appellant is that while discharging his duties as a Minister, in connivance with his personal assistant and his brother, he collected large amount by promising job opportunities to several...
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Brief Facts The incident occurred on 08.06.2007 around 8:45 PM in front of Machchu Hotel near Shukla Hotel, Jabalpur, where one Pappu alias Rajendra Yadav was allegedly assaulted and killed when he was coming out of the hotel with his friends Virendra and Amit Jha. Four persons were accused of assaulting the deceased with knife...
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Brief Facts An incident took place on 09.01.1999 in Haryana, in which Akbar (deceased) was killed and Deenu (PW-1), Ahmad (PW-2), and Harun were injured. Four accused—Mohd. Yunus (A1), Mohd. Jamil (A2), Ghasita (A3), and Akhtar Hussain (A4)—were charged under Sections 302, 323, and 34 IPC. According to the prosecution, on 09.01.1999 at 9:10 PM,...
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Brief Facts FIR was filed by the complainant against the appellant on the accusations of rape (Section 376 IPC) and criminal intimidation (Section 506 IPC). Subsequently, the appellant filed a petition before the High Court seeking the quashing of the FIR, which was dismissed. The complainant had claimed that the appellant, who was running IIT...
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Brief Facts In 2002, Bano, who was 21 years old and five months pregnant, was gang-raped in the Dahod district of Gujarat during the post-Godhra communal riots. Seven of her family members, including her three-year-old daughter were also killed by rioters. In 2008, after the trial was transferred to Maharashtra, a Sessions Court in Mumbai,...
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Brief Facts Complainant (Respondent No. 3) is the wife of deceased Ashok Kumar who committed suicide. As per the version of the Complainant she took a loan of Rs. 60,000/- from the Appellant accused. On 15.06.2017, accused made to the shop of Complainant and abused, assaulted and threated the deceased due to non-payment of loan...
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