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Criminal trial Practice and Procedure

Sections 215 and 212 CRPC  Criminal trial Practice and Procedure  Held, when a criminal appeal filed by one of the accused is allowed by a Single Judge, even if there is difference of opinion about the judgment, another single Judge cannot take a different stand in an appeal filed by another accused, if the allegation against both the accused are one and the same Simply because the Court's charge is not in proper form and it prejudiced the accused, the appellants cannot be acquitted for that simple reason In such a situation, the usual remedy is to remand the case to the Trial Court and direct the Trial Court to frame charge in accordance to Criminal Procedure Code and proceed in accordance to law.  [Paras 17 to 20] Ani vs State of Kerala CRL-A 2025/08  24/09/20  [ B.SUDHEENDRA JJ] [ KERALA HIGH COURT ]
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Appeal against Acquittal

NI ACT Section 138  Appeal against acquittal   Dishonour of cheque  Complainant issued a statutory notice upon accused demanding payment of cheque amount.  When accused has not denied the relationship of lessor and lessee and also according to the lease agreement the accused was liable to pay a sum of 45,000/to the lessee who is the complainant.  As on the date of presentation of the cheque, there was no legally enforceable debt to the extent of the amount shown in the cheque.  Argument of the respondent that there existed no legally enforceable debt rightly accepted by below court.   Appeal dismissed.  [Paras 10, 12 and 13] Sukanya W/O Hanumanthaiah vs Papaiah S/O Doddapapaiah  CRL-A 123/11 24/09/20  [ H.B.PRABHAKARA JJ ] [ KARNATAKA HIGH COURT ]
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Motor Vehicles Act : Obligation of Insurance Company

Motor Vehicles Act, Sections 2 (13) and 166  Obligation of insurance company to indemnify the insured  Fatal accident  Insurance Company contended that another motor-cycle which is vehicle involved in the accident was a stolen vehicle prior to accident and therefore it is not vicariously liable. Held, though the motorcycle involved in the accident was the stolen vehicle, the R.C. book shows the name of the original owner and it is insured with the Insurance Company.  Therefore, an Insurance Company cannot escape from the obligation to indemnify the insured.  [Paras 11 to 15] Tokio General In Com vs Kanchanben  FA 472/14 19/06/19  [ RM.CHAYA JJ ] [ GUJARAT HIGH COURT ]
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