Search Results for "burden of proof"

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Supreme Court

Supreme Court Acquits Accused in IPC Sections 366A and 506 Case Due to Unreliable Evidence and Shoddy Investigation. Conviction overturned as prosecution failed to prove case beyond reasonable doubt due to material contradictions in testimonies, delay in FIR registration, and inadequate investigation under Sections 366A and 506 of Indian Penal Code, 1860.

28 Jul 2020

The Supreme Court heard a criminal appeal by Parminder Kaur challenging her conviction under Sections 366A and 506 of the Indian Penal Code, 1860, whi...

Supreme Court

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.

2 Jun 2020

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...

Supreme Court

Supreme Court Upholds Death Sentence in Kidnapping and Murder Case — Conviction Based on Circumstantial Evidence Including Last Seen, Ransom Demand, and Recovery of Body. The court held that the chain of circumstances was complete and consistent only with the guilt of the accused under Sections 364A, 302, 120-B, 201 read with Section 34 IPC.

24 Apr 2020

The case pertains to the kidnapping and murder of an 8-year-old boy, Yug, son of Dr. Mukesh Chandak, a dentist in Nagpur. On 1st September 2014, Yug w...

Supreme Court

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.

3 Apr 2020

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...

Supreme Court

Supreme Court Allows Appeal of Municipal Corporation in Solid Waste Project Injunction Case — Environmental Claims Lacked Scientific Evidence. Court Restores Trial Court's Dismissal of Suit, Holding That Civil Courts Cannot Restrain Statutory Projects Based on Unsubstantiated Apprehensions.

1 Jan 2020

The Supreme Court allowed the appeal of Ratnagiri Nagar Parishad against the judgment of the Bombay High Court which had affirmed the decree of perman...

Supreme Court

Supreme Court Restores Concurrent Findings of Fraud in Property Dispute Between Siblings — General Power of Attorney and Sale Deeds Set Aside as Void. The court held that the plaintiff had sufficiently proved fraud by preponderance of probabilities, and the High Court erred in reversing the concurrent findings without establishing perversity.

1 Jan 2020

The dispute arose between the plaintiff, Joginder Kaur (since deceased, represented by her daughter Nirmal Gill), and her step-brothers and step-siste...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Disbelief of Eyewitness — Negligence of Car Driver Established. The court restored the Tribunal's award of Rs. 16,08,000 with interest, holding that the High Court's rejection of the eyewitness was conjectural and that the accident was caused by the car driver's rash and negligent driving.

1 Jan 2020

The case arises from a motor accident on 25.03.2009 near Ghazipur, Uttar Pradesh, where a car driven by Sanjeev Kapoor collided with a truck. Sandeep ...

Supreme Court

Supreme Court Upholds Insurance Claim for Helicopter Damage During Transit — Storage and Assembly at Intermediate Point Held Within 'Ordinary Course of Transit' Under Marine Insurance Policy. The court affirmed that a transit marine insurance policy covers the entire journey from origin to final destination, including intermediate halts for assembly, and repudiation of claim amounts to deficiency in service.

1 Jan 2020

The case involves a dispute between Bajaj Allianz General Insurance Co Ltd (appellant) and the State of Madhya Pradesh (respondent) regarding a transi...

Supreme Court

Supreme Court Acquits Accused in NDPS Case Due to Lack of Independent Witnesses and Failure to Establish Sample Identity. Conviction under Sections 8, 15, and 31 of NDPS Act Set Aside as Prosecution Failed to Prove Sample Seized Was Same as Tested.

30 Jul 2019

The Supreme Court allowed the appeal of Vijay Pandey against his conviction under Sections 8, 15, and 31 of the Narcotic Drugs and Psychotropic Substa...

Supreme Court

Supreme Court Dismisses Appeal in Joint Hindu Family Partition Case — Properties Purchased in Eldest Son's Name Held to be Joint Family Assets. Burden of Proof Shifts to Member Claiming Self-Acquisition Once Joint Family Nucleus is Established.

1 Jul 2019

The present appeal arises from a suit for partition filed by respondent No.1 (original plaintiff) against the appellant (defendant No.1), respondent N...

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