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  • Hon'ble Judge(s) Hon'ble Judge(s): S. Talapatra, S. G. Chattopadhyay

    Jeffrey Hrangkhal v. State of Tripura

    D.O.D : 28/09/2021

    Dismissed

    (A) Indian Penal Code (45 of 1860) S. 376 (2)(i), 376(1) (After 2013 Amendment) — Evidence Act (1 of 1872), S. 118 — Rape — Testimony of victim — Allegation that accused person committed rape on victim girl aged 13 years — Victim, cook in hostel deposing that on pretext of calling her to give body massage, accused committed said act and threatened to kill her on disclosure of incident — As per school certificate, during incident victim was above 16 years but below 18 years of age — Doctor opining about 5-6 days old rupture of hymen of victim is subjective, as mother of victim lodged FIR, on getting information from victim — Testimony of victim corroborated by medical reports, credible — Conviction under S. 376(2)(i) not sustainable, however conviction under S. 376(1), proper.

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  • Supreme Court Of India

    Hon'ble Judge(s) Hon'ble Judge(s): M. R. Shah, A. S. Bopanna

    Bihari (Dead) through Lrs. v. State of U.P.

    D.O.D : 23/09/2021

    Petition Dismissed

    Land Acquisition Act (1 of 1894) , S.4, S.30— Compensation - Enhancement of - From Rs.6/- per square yard to Rs. 28.12 per square yard - Challenge as to - Unexplained, delay of six years in preferring petition - Even otherwise, land owner accepted judgment and received amount deposited in Court - Therefore, even cause shown explaining delay is not acceptable - Petition dismissed.

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  • Chhattisgarh High Court

    Hon'ble Judge(s) Hon'ble Judge(s): Goutam Bhaduri

    Jagatram Sahu v. State of Chhattisgarh

    D.O.D : 23/09/2021

    Petition Dismissed

    Criminal P.C. (2 of 1974) , S.438— Anticipatory bail - Disentitlement - Offences registered under Ss.420, 34 of IPC - Applicant mainly hatched conspiracy to cheat complainant and one person who has also been made accused on basis of Power of Attorney and that person is illiterate person - Considering fact that earlier bail application was dismissed on merits, applicant not entitled to be released on bail.

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  • Hon'ble Judge(s) Hon'ble Judge(s): Suresh Kumar Kait

    HERO FINCORP. LIMITED v. HEMA AUTOMOTIVE PRIVATE LIMITED

    D.O.D : 23/09/2021

    Petition Allowed

    Arbitration and Conciliation Act (26 of 1996) , S.11, S.12— Appointment of sole arbitrator - Dispute regarding default in loan amount - Respondent has not objected to appointment of sole Arbitrator for adjudication of dispute between parties - Retired judge appointed as sole arbitrator

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  • Hon'ble Judge(s) Hon'ble Judge(s): A. Y. Kogje

    AIYUB AHMED KORA v. STATE OF GUJARAT

    D.O.D : 23/09/2021

    Appeal Allowed

    Criminal P.C. (2 of 1974) , S.439(1)(b)— Bail - Grant of - Alteration of condition of bail - Condition of not to enter geographical limits of village till trial is over - Offence is of 2019, where investigation is concluded and charge sheet is filed - Marriage of one of his daughters is scheduled in near future - His presence with his family is very much required - Due to pandemic situation of Covid-19, it is very difficult for him to remain outside the limits of village - Till date, he has complied with each and every condition of bail without any breach - Condition deleted.

    Penal Code (45 of 1860) , S.409, S.467, S.468, S.471, S.120B— (Paras56)

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