Search Results for "burden of proof"

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Supreme Court

Supreme Court Acquits Accused in Robbery Case Due to Unreliable Disclosure Statement and Lack of Corroborative Evidence. Conviction under Sections 392 and 397 IPC Set Aside as Recovery of Common Articles and Hostile Witnesses Failed to Establish Guilt Beyond Reasonable Doubt.

8 Nov 2021

The appeal arose from a robbery case where the appellant was convicted under Sections 392 and 397 of the Indian Penal Code, 1860 (IPC) by the Trial Co...

Supreme Court

Supreme Court Upholds State's Vesting of Private Forest Land Under Kerala Private Forests (Vesting and Assignment) Act, 1971. The court affirmed the tribunal's rejection of the claimant's exemption plea due to insufficient evidence of principal cultivation as plantation under Section 2(f) of the Act.

29 Oct 2021

The appeal arose from a dispute over the vesting of land under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The respondent, Popular ...

Supreme Court

Supreme Court Dismisses Tenant's Appeal in Tenancy Dispute Under Andhra Pradesh Tenancy Act. The court upheld the High Court's decision, finding no subsisting landlord-tenant relationship or valid sale agreement to support purchase rights under Section 16(1) of the Andhra Pradesh Tenancy (Andhra Area) Act, 1956.

27 Oct 2021

The dispute arose from a tenancy matter under the Andhra Pradesh Tenancy (Andhra Area) Act, 1956. The appellant, Musunuri Satyanarayana, claimed to be...

Supreme Court

Supreme Court Dismisses Appeal in Partnership Dispute Over Share Entitlement. Plaintiffs Failed to Prove Capital Contribution of Rs.50,00,000 as per Partnership Deed Dated 30.10.1992, Thus Entitled Only to 10% Share in Profits and Losses Until Expulsion on 18.6.2004.

26 Oct 2021

The dispute originated from a partnership firm, M/s Selwel Combines, reconstituted in 1992 with plaintiff No.1 inducted as a partner under a deed stip...

Supreme Court

Supreme Court Acquits Accused in Kerala Abkari Act Case Due to Insufficient Evidence and Procedural Lapses. Conviction under Section 55(a) for illegal transport of spirit set aside as prosecution failed to prove ownership of truck and reliable identification of accused beyond reasonable doubt.

22 Oct 2021

The Supreme Court of India heard criminal appeals arising from convictions under Section 55(a) of the Kerala Abkari Act for illegally transporting 609...

Supreme Court

Supreme Court Acquits Accused in Kerala Forest Act Case Due to Lack of Evidence and Statutory Interpretation. Sandalwood Oil Not Classified as Forest Produce Under Section 2(f), and Prosecution Failed to Prove Illicit Removal from Reserve Forest as Required Under Section 27(1)(d).

6 Oct 2021

The appeal arose from a criminal conviction under the Kerala Forest Act, 1961, involving the appellant, a partner in a firm manufacturing and trading ...

Supreme Court

Supreme Court Dismisses Appeal in Consumer Dispute Over Inspection Services for Export Consignments. Testing company not liable for variations in product specifications at destination port as responsibility limited to certification at shipment under contractual terms and disclaimers.

6 Oct 2021

The dispute arose from a consumer complaint filed by Dolphin International Ltd. against SGS India Ltd. before the National Consumer Disputes Redressal...

Supreme Court

Supreme Court Quashes DNA Test Order in Property Dispute, Upholds Plaintiff's Right to Refuse Test. The court held that DNA test cannot be directed as a matter of routine, presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872 requires strong preponderance to rebut, and plaintiff's evidence including affidavits showing admission by defendants could suffice without DNA test.

1 Oct 2021

The dispute arose from a civil suit filed by the appellant, Ashok Kumar, seeking a declaration of ownership over property left by late Trilok Chand Gu...

Supreme Court

Supreme Court Reverses Appellate Decisions and Upholds Trial Court Decree in Property Dispute Involving Registered Sale Deed. The Court held that the registered sale deed is valid as fraud was not proven, oral evidence cannot contradict its terms under Section 91 of the Evidence Act, 1872, and amendments to pleadings after long delay were improper, with the second suit barred by res judicata under Section 11 of the Code of Civil Procedure, 1908.

30 Sep 2021

The dispute arose between brothers over property ownership following a registered sale deed dated 14.9.1970. The plaintiff (elder brother) filed a sui...

Supreme Court

Supreme Court Reinstates Dismissal Order in CRPF Disciplinary Proceedings Due to High Court's Excessive Judicial Review. Judicial Review Limited to Procedural Fairness, Not Merits or Evidence Re-evaluation, Under Section 11(1) of CRPF Act, 1949 and Rule 27 of CRPF Rules, 1955.

21 Sep 2021

The dispute arose from the dismissal of a General Duty Constable in the Central Reserve Police Force (CRPF) following departmental proceedings. The co...

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