Search Results for "Burden of Proof"

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Supreme Court Dismisses Appeal of Convict in Robbery Case, Upholds Conviction Under Section 394 IPC and Section 25 Arms Act — Belated Defenses of Juvenility and Insanity Rejected as Unsubstantiated.

The Supreme Court dismissed the criminal appeal of Mohd. Anwar, who was convicted under Section 394 of the Indian Penal Code, 1860 (IPC) and Section 2...

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Supreme Court Acquits Appellant in NDPS Case Due to Lack of Conscious Possession and Flawed Investigation. Conviction for cannabis recovery quashed as prosecution failed to prove ownership and possession beyond reasonable doubt under Sections 8C, 20(b)(ii)(c), 35, 54 of NDPS Act.

The appellant, Gangadhar alias Gangaram, was convicted under Section 8C read with Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substanc...

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Supreme Court Enforces Foreign Award in Two-Tier Arbitration — Holds ICC Award Enforceable Despite Prior Indian Award. Two-Tier Arbitration Clause Valid Under Indian Law; Natural Justice Opportunity Afforded to Respondent.

The dispute arose from a contract between Centrotrade Minerals and Metals Inc., a US corporation, and Hindustan Copper Ltd. (HCL) for the sale of copp...

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Supreme Court Dismisses Partition Suit for HUF Properties — Burden of Proof Not Discharged. Plaintiff Failed to Establish Existence of Hindu Undivided Family Between Two Brothers Despite Alleged Joint Business and Property Acquisitions.

The case involves a dispute over properties claimed to be part of a Hindu Undivided Family (HUF). The plaintiff, Bhagwat Sharan, filed a suit for part...

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Supreme Court Allows Appeal in Land Acquisition Dispute Due to Failure to Follow Statutory Procedure and Prove Compensation Payment. State Cannot Retain Land Without Valid Acquisition Under Sikkim Land (Requisition and Acquisition) Act, 1977.

The case involves a dispute over 7.07 acres of land in East Sikkim that was allegedly acquired by the Agriculture Department of the Government of Sikk...

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Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

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Supreme Court Upholds Section 18A of SC/ST Act Against Challenge of Unconstitutionality — Amendment Restores Pre-Dr. Subhash Kashinath Position After Review

The petitioners challenged the constitutional validity of Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 198...