Search Results for "Burden of Proof"

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Supreme Court Allows Indian Railways' Appeals, Upholds Its Status as Deemed Dist...
Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of...
Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in...
Supreme Court Alters Conviction from Murder to Attempt to Murder in Absence of C...
Supreme Court Sets Aside Appointment Orders in Steel Plant Recruitment Case Due ...

Search Results for "Burden of Proof"

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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 Allows State Appeal in Police Constable Dismissal Case — Reinstates Dismissal Despite Criminal Acquittal. Standard of Proof in Disciplinary Proceedings is Preponderance of Probabilities, Not Beyond Reasonable Doubt.

1 Jan 2020

The appeal arises from a judgment of the Division Bench of the Rajasthan High Court which set aside the dismissal of the respondent, a police constabl...

Supreme Court

Supreme Court Dismisses Appeal by Landowners, Upholds Tenant Status Based on Oral Evidence Rebutting Revenue Record Presumption. The Court held that the presumption of truth under Section 45 of the Himachal Pradesh Land Revenue Act, 1954 was rebutted by consistent oral testimony of the defendant and witnesses establishing a landlord-tenant relationship through payment of galla batai for over 12 years.

1 Jan 2020

The case involves a dispute between the plaintiffs (original owners of land) and the defendant (Shiv Ram) over the nature of the defendant's possessio...

Supreme Court

Supreme Court Partially Allows Appeal in Dowry Harassment Case — Conviction Under Section 498A IPC Upheld, Conviction Under Section 306 IPC Set Aside. The Court held that conviction under Section 306 IPC for abetment of suicide cannot be sustained when no charge was framed under that section, as ingredients differ from Section 304B IPC and prejudice is caused to the accused.

26 Nov 2019

The appellant, Gurjit Singh, was convicted by the trial court under Section 498A IPC for subjecting his wife to cruelty, along with his parents, while...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit: Marriage of Plaintiff with Deceased Hanumanthappa Held Valid Despite Age Dispute and Lack of Ceremonies. The Court held that the age requirement for marriage under Section 5(iii) of the Hindu Marriage Act, 1955 is directory, not mandatory, and the marriage was sufficiently proved through evidence.

15 Nov 2019

The case involves a partition suit filed by Sujathamma claiming a share in the ancestral property of Sonnappa as the wife of his deceased son, Hanuman...

Supreme Court

Supreme Court Upholds Hotel Liability for Theft of Guest's Car from Valet Parking Under Bailment and Infra Hospitium Principles. Insurer as Subrogee Can Maintain Consumer Complaint as Co-Complainant.

14 Nov 2019

The appeal arose from a consumer complaint filed by the insurer (United India Insurance Company Ltd.) and the car owner (Respondent No. 2) against the...

Supreme Court

Supreme Court Dismisses Review Petition Against Death Sentence in Rape and Murder of Two Children. Conviction Under Sections 302, 376(2)(f),(g) and 201 IPC Upheld as Rarest of Rare Case.

7 Nov 2019

The review petitions were filed by Manoharan, the sole surviving accused, against the judgment of the Supreme Court dated 01.08.2019 which affirmed hi...

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