Search Results for "Presumption"

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Supreme Court Quashed Criminal Defamation Proceedings Against Editorial Director and Journalists for Non-Compliance with Section 202 CrPC

Issuance of Summons Without Mandatory Inquiry Under Section 202 Code of Criminal Procedure, 1973 (CrPC) Held Vitiated – No Presumption Against Edito...

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Acquittal Upheld in Dowry Death Case under Section 304B IPC. Presumption under Section 113B of the Indian Evidence Act, 1872, not invoked due to lack of proof of demand for dowry – Acquittal by High Court affirmed by the Supreme Court.

Acquittal upheld – Supreme Court found no substantive evidence proving demand for dowry – Material contradictions in witness statements – Presum...

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Regular Bail Granted — Long Incarceration and Right to Speedy Trial Considered — No Possibility of Early Trial — Allegations of Extortion and Criminal Intimidation — Bail is the Rule, Jail is the Exception — Bombay High Court

The Bombay High Court granted regular bail to Mohammad Khalid Mukhtar Ahmed Shaikh (Accused No.1) due to prolonged incarceration of 4 years, 4 months,...

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Long Incarceration and Right to Speedy Trial – Bail Granted. High Court of Judicature at Bombay emphasized the fundamental right to speedy trial under Article 21 of the Constitution of India, granting bail due to prolonged incarceration.

The Court acknowledged the Applicant’s long incarceration and the fundamental right to speedy justice. It noted that the case was based on circumsta...

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Acquittal in Dowry Death Case – Supreme Court Quashes Conviction for Lack of Evidence. Failure to Prove Cruelty or Harassment Soon Before Death – Acquittal of Husband in Dowry Death Case.

Section 304-B, Indian Penal Code, 1860 – Dowry Death – Essential Ingredients – Section 113-B, Indian Evidence Act, 1872 – Presumption of Dowry...

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Presumption of Legitimacy Cannot Be Displaced by Mere Allegations. The Supreme Court upheld the conclusive presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, rejecting a claim for maintenance based on disputed paternity.

Constitution of India – Article 21 – Right to privacy and dignity was violated when a DNA test was ordered without substantial evidence of non-acc...

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Supreme Court Acquits Chandrabhan Sudam Sanap – Prosecution Failed to Prove Guilt Beyond Reasonable Doubt. Failure of the prosecution to establish an unbroken chain of circumstantial evidence led to the acquittal of the accused in a case involving abduction, sexual assault, and murder.

Major Acts Discussed: Constitution of India, 1950 – Article 21 (Right to Life and Personal Liberty) Code of Criminal Procedure, 1973 – S...

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Supreme Court Restores State's Right to Levy Royalty on Minor Minerals. The state of Punjab is entitled to levy royalty on brick earth excavation, irrespective of ownership disputes.

The Supreme Court clarified the State Government's authority to levy royalty on the excavation of minor minerals under the Mines and Mineral (Regulati...

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Supreme Court Sets Aside Conviction in Dowry Harassment Case: Insufficient Evidence for Abetment of Suicide under IPC. Clarifies the distinction between presumptions under Sections 113A and 113B of the Evidence Act.

The appeal addressed the conviction of the appellant (brother-in-law) under Sections 306 and 498A of the Indian Penal Code (IPC) and Section 4 of the ...